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Home My WebLink About12-12-2011 - Agenda Packetsy of MF 4, MEDINA, WASHINGTON MEDINA CITY COUNCIL SPECIAL AND REGULAR MEETING AGENDA 1/4sN,NGto'. Medina City Hall, Council Chambers 501 Evergreen Point Road, Medina MONDAY, DECEMBER 12,2011 5:30 PM MAYOR BRET JORDAN CITY MANAGER COUNCIL MEMBERS DONNA HANSON PATRICK BOYD DOUG DICHARRY CITY ATTORNEY DAVID LEE BRUCE DISEND JANIE LEE MARK NELSON CITY CLERK KATIE PHELPS RACHEL BAKER SPECIAL MEETING 5;30 PM EXECUTIVE SESSION ES-1: RCW 42.30.140(4)(a) related to collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, 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. COMMUNITY RECEPTION 6:00 PM Honoring Service and Accomplishments of Outgoing Medina City Council Members: Bret Jordan, Mark Nelson, and Shawn Whitney REGULAR MEETING 6:30 PM ROLL CALL PLEDGE OF ALLEGIANCE OATH OF OFFICE 1. Administration of Oath of Office: David Lee, Medina City Council, Short Term Position 2 APPROVAL OF MEETING AGENDA 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.gov 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 November 14, 2011 City Council Regular Meeting Minutes CA-2: Approval of November 2011 Check Register CA-3: City of Bellevue Utilities Contract CA-4: Ordinance Architect Requirement for Building Permit Submittal CA-5: Approval of Patrol Officers Collective 2012-2014 Labor Agreement CA-6: Clarification of Utility Tax Ordinance CA-7: Receipt of Approved September 21, 2011 Emergency Committee Meeting Minutes CA-8: Receipt of Approved October 17, 2011 Park Board Meeting Minutes OTHER BUSINESS OB-1: Final Acceptance of City Hall Expansion and Renovation Project OB-2 2012 Planning Commission Work Plan OB-3: 2012 Park Board Work Plan OB-4: Ordinance Adopting Fire Apparatus Access Requirements OB-5: Draft City Council Guidelines OB-6: 2011 and 2012 City Council Agenda Calendars PUBLIC COMMENT Comment period limited to ten minutes. Speaker comments limited to one minute per person. EXECUTIVE SESSION ES-1: RCW 42.30.110 (1)(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, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. ES-2: RCW 42.30.110 (1)(g)To review the performance of a public employee. ADJOURNMENT Next Regular Meeting: Monday, January 9, 2012; 6:30 pm Medina City Council December 12, 2011 Page 2 of 2 meb„ 9 ITEM RA-4 CITY OF MEDINA i-tING C* Office of the City Manager Date December 12, 2011 To: Mayor and City Council From: Donna Hanson, City Manager Subject: City Manager Report 1. Don't forget the 5:30 Executive Session and 6:00 reception for outgoing council members prior to the Regular Meeting on Monday, December 12, in the Council Chambers. 2. The Giving Tree benefiting Childhaven is decorated in the City Hall lobby. We were given 65 individual gift tags (requests). Donated gifts must be unwrapped and received by 5 pm on Thursday, December 15. We are also gathering donations for Hopelink Food Drive to be distributed to eastside food banks. Donations will be accepted at City Hall during regular business hours through Friday, December 16. Hopelink needs the following non-perishable items: cooking oil, potatoes, onions, stuffing, juice, olives, flour, sugar, pumpkin, canned tuna fish, peanut butter, pasta, rice, cereal, soup, canned fruit, canned tomato products, baking items and mixes, baby food, and store gift cards. 3. The State auditor notified the City regarding the conclusion of its audit for fiscal year 2010. An exit conference was held on December 5, 2011 to discuss the results of the audit. They reported a clean audit; there were no Findings, Management Letters, or Exit items. This makes four years in a row with no findings. They also took the opportunity to extend their appreciation to staff for their cooperation and assistance. Congratulations to Nancy for her hard work throughout the year and especially during the actual audit in September when we had so many other major issues going on at one time. 4. Last month I reported that NORCOM dispatch has been under the direction of a contract Executive Director for the past three years. That individual submitted their notice to terminate the contract effective the end of November. I sat on a panel to screen applicants for an Interim Director. We made a recommendation to the full Board and they accepted our recommendation to hire Pam Bissonnette as the Interim Director. Pam was the former Assistant City Manager for City of Bellevue. She was the interim Fire Chief in Bellevue for a year and has been through implementation of a major technology change similar to NORCOM's current software project. NORCOM has experienced some difficulty with a new CAD software program, but Medina is back on the new system along with the cities of Mercer Island and Kirkland. 5. Staff met with Mitch Wasserman and Craig Olson of Clyde Hill and Andrew Merges of KPG to outline design criteria for the 84th Corridor project. Issues raised during the public open house were discussed and where applicable were incorporated into the design criteria. Reduction of the median width to 11 feet, increasing traffic lanes to 11 foot widths, maintaining 6 foot wide bicycle lanes on each side of the street, a mid-block depressed median curb and concrete textured area for emergency pull-out/turnaround area, adding asphalt width beyond the traffic lane on the Medina side of the roadway at the 12th Street and 24th Street intersections for pedestrian pathway, designing the project for 35 mph posted speed limit, and waiting area accommodation for bus stops at 20th c> of me ITEM RA-4 CITY OF MEDINA 501 EVERGREEN POINT ROAD I PO BOX 144 I MEDINA WA 98039-014444sHi / TELEPHONE 425-233-6400 ( www.medina-wa.gov December 8, 2011 To: Mayor and City Council Via: Donna Hanson, City Manager From:Rachel Baker, Central Services Subject: Central Services Department Monthly Report December&January Public Meetings and Events Event Date Time Location Medina City Council Executive Session Dec 12 5:30 pm Medina City Hall Medina City Council Community Reception Dec 12 6:00 pm Medina City Hall Medina City Council Regular Meeting Dec 12 6:30 pm Medina City Hall Holiday Giving Tree Benefiting Childhaven Through Dec 15 Medina City Hall Holiday Food Drive Benefiting Hopelink Through Dec 16 Medina City Hall Medina Park Board Meeting canceled Medina Hearing Examiner Dec 21 5:30 pm Medina City Hall Christmas Day Observed,City Hall Closed Dec 26 Medina Planning Commission Meeting Dec 28 6:00 pm Medina City Hall special date) State Route 520 Bridge Tolling Begins Dec 29 httb://www.wsdot.wa.gov/Tolling/520/ New Year's Day Observed, City Hall Closed Jan 2 Medina City Council Regular Meeting Jan 9 6:30 pm Medina City Hall Dr. Martin Luther King Day Observed,Jan 16 City Hall Closed Medina Park Board Meeting(special date) Jan 17 6:00 pm Medina City Hall Medina Hearing Examiner(tent. date/time) Jan 18 5:30 pm Medina City Hall Medina Emergency Committee Meeting Jan 19 7:00 pm Medina City Hall Medina Planning Commission Meeting Jan 24 6:30 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. November 8,2011 General Election Results Congratulations to council members-elect Jay Decker, David Lee, and Michael Luis. David Lee was elected to short term position number two which began immediately after the election was certified and expires December 31. Mr. Lee will fill the full term position beginning January 1, along with Mr. Decker and Mr. Luis in positions four and six respectively. King County cites 1,317 ballots were cast out of 2,160 registered voters; a 60.97% return rate. ITEM RA-4 The elected will succeed outgoing council members Bret Jordan, Mark Nelson, and Shawn Whitney. Ms. Whitney served in council position two from January 2008 until the election was certified on November 29.She was deputy mayor from January 2010 until August 16, 2011. Mr. Nelson served in position four for a four year term between 2008 and 2011 and as mayor during 2008 and 2009. Mr.Jordan served in position six for a four year term between 2008 and 2011 and as mayor during 2010 and 2011. On behalf of City staff thank you for your contributions to the City and to your commitment to public service over the past four years. Planning Commission Vacancy The election of David Lee to the city council leaves planning commission position number three vacant.The City is currently recruiting for this position. Council's February 13 agenda is the soonest an appointment can be considered. The term for the successful appointee would begin immediately and expire June 30, 2014. State Route 520 Tolling Tolling begins Thursday, December 29.The electronic tolling system will automatically detect Good to Go! Passes and/or license plates when traveling in both directions.Tolls will be deducted each way from established Good to Go! accounts and those crossing without a pass will pay tolls by mail.Tolling rates will be$1.50 higher when paying by mail.Tolling rates vary based on day and time of travel from $0 to$3.50(add$1.50 if traveling without a prepaid pass).A complete fee schedule can be found here: http://www.wsdot.wa.gov/Tolling/TollRates.htm. Passes can be ordered online at https://mvgoodtogo.com/olcsc/AccountLogin.do. Communication/Outreach Between November 9, and December 7, 28 notices were issued via GovDelivery.A detailed report is attached. Currently e-notices have the potential to reach 1,546 individual subscriber profiles with a total of 11,700 subscriptions.There were 678 new and 167 deleted individual subscription profiles since last month's report. To date the City has issued 15 postcards, including ten council,one park board,two shoreline, one communication tower, and one for the 84 Avenue Northeast Overlay and Corridor Improvement Project.A final edition of council's postcard for 2011 will be in mailboxes by year end.Total costs for this pilot project will be provided in January. Public Records Requests Approximately 231 public records requests were received by the city clerk's office between January 1 and December 7 of this year. During the same period in 2010, 130 requests were received out of a total of 146 for the year.A summary of 2011 requests will be provided to council in January. Passports A total of 268 passport applications have been processed by department staff during 2011,an increase of 22 since last month's report. A total of 313 were processed during the same period in 2010. Annual Food Drive and Giving Tree Food drive and giving tree donations will be accepted at City Hall until December 17. City staff thanks everyone who has participated for their contributions. SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOX! Visit www.medina-wa.gov and click on E-Notice Program. Tr1 ViQMc N VD Cr c-I N C O N 00 N Co 0) N.CO 1.0 a. 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N v) U. ,-1 Z N 1i1 in N O r.•N 0 v1 o a, co a, N i U a) K 'E a C N o z o ° - o 0 c co w srnaszoccQCZaov ° E v o C3 E c V) 0 0. c rca e z a: e 03 E •a v au' wvv .- m v a, o V -a ,, a, L O a +, m e-I-1 a, E C C aa) i ,n °` m E c C ; 00 0 0 c n m o c 'a2o > > 0- 0) a) o o > a) ° - a, a a) c o 1 >> y u w w O 3 c CO u w w > j w C) w 'C ° 0 o 'aN70T > ,n 'n O T U C T N T C Y L. C 0 a, 1) 0) a0 0 0 CO a) _ C ++ V) a+ m a 12 ITEM RA-4 Of A46/1 CITY OF MEDINA Office of the City Manager December 12, 2011 To: Mayor and City Council Via: Donna Hanson, City Manager From: Robert J. Grumbach, AICP, Director of Development Services Subject: Monthly Development Services Department Report Planning Commission Meeting Recap: The Planning Commission approved a motion by Nunn to send the draft minutes from the October 26 planning commission meeting and the memo on 84th Avenue N.E. that was presented at the last council meeting to be included in the council's packet for the December council meeting. (See below.) The Planning Commission continued its discussion on updating the Medina Shoreline Master Program. Suzanne Cohen commented about having a mission statement and about the regulations being the most property owner friendly while respecting "no net loss" and the environment. There was discussion on whether a minimum waterfront lot width standard is necessary. The commissioners also discussed in depth the provisions for allowing intrusions into the shoreline setbacks. Steve Burnstead spoke in support of a 20 percent allowance for impervious surfaces. He favored the approach Hunts Point and Yarrow Point are taking. There was a consensus by the commissioners to retain the approach currently presented in the draft with a couple of small changes. Discussion also followed on previously discussed revisions from the last meeting, allowances for pile replacement on nonconforming piers, and about the timing for the City to seek Ecology comments. Discussion was continued to the December meeting. Finally, the Planning Commission discussed its 2012 work program. They decided to add an item to review the tree code and to drop the lower priority items. There was a consensus to forward the 2012 work plan to the City Council for their consideration. Hearing Examiner Decisions: None 1 ITEM RA-4 Land Use Administrative Decisions: Determination of Nonsignificance (File No. G-3044) was issued to excavate approximately 835 cubic yards of earth and the import of approximately 10 cubic yards of fill. The property is located at 515 82nd Avenue N.E. The applicant is Yuri Manchik agent). Determination of Nonsignificance (File No. SDP No. 2011-06) was issued to excavate up to 2,600 cubic yards of earth and importing 380 cubic yards of fill. The property is located at 538 Overlake Drive East. The applicant is Eric Drivdahl, Gelotte Hommas Architecture. Administrative Special Use Permit (File No. ASUP 280) was issued to construct a sports court adjacent to a single-family residence. The property is located at 538 Overlake Drive East. The applicant is Eric Drivdahl, Gelotte Hommas Architecture. Land Use Decisions Issued For 2011: Type of Decision 2011 YTD Variances/ Minor Deviations 1 SEPA 6 Conditional Uses/Special Uses 3 Substantial Development Permit 1 Lot Line Adjustments 3 Short Subdivisions 0 Site Plan Reviews 0 Wireless Facilities 2 Non-admin Tree Remove/Trim 4 Temporary Use Permit 2 Land Use Applications Received in November: Case Number Description of Permit Location None Building/ ROW Permit Applications Received — Nov 1 through Nov 31, 2011: Building Permits: 3 Grading/ Drainage 1 Demolition Permits: 1 Fence: 1 Mechanical: 4 Reroof:0 Fire Sprinkler: 0 Right-of-way Permits 4 Total: 14 Building Permits Issued in October 2011: See Attached. 2 ITEM RA-4 Other Items of Interest: 84th Avenue N.E. Improvements. Attached is the Planning Commission's October 26 memo presented to the City Council at the November 14th meeting. Also attached is the draft October 26 planning commission minutes, which is included for the purpose of giving the council context of the Planning Commission's memo. These are being presented at the request of the Planning Commission. Permit Tracking Software Status. City staff will be training on the new permit tracking software the week of December 12. General training is scheduled for Tuesday and Wednesday so there will be limited staff available on those days. We plan to go live with the new software by December 16. 3 ITEM RA-4 Permit Report October, 2011 2011 2010 Current Current 2011 2010 Month Month YTD YTD Difference Construction Value New Construction 0 1,635,000 8,313,751 7,006,283 1,307,468 Permit Renewals 0 0 5,828,782 35,303,660 (29,474,878) Addition/Alteration 250,000 185,700 4,695,638 2,649,938 2,045,700 Accessory Structure 0 42,000 220,113 1,018,523 798,410) Repair/ Replace 0 55,700 662,969 177,220 485,749 Fence/Wall 0 38,000 449,900 170,900 279,000 Mechanical N/A N/A N/A N/A N/A Fire Sprinkler 0 14,475 130,095 110,501 19,594 Wireless Comm Facility 0 0 236,000 0 236,000 TOTAL VALUE 250,000 1,970,875 20,537,248 46,437,025 (25,899,777) Permits Issued New Construction 0 1 3 5 2) Permit Renewals 0 0 22 13 9 Addition/Alteration 1 2 16 14 2 Accessory Structure 0 1 7 21 14) Fence/Wall 0 1 7 11 4) Demolition 0 1 11 6 5 Grading/Drainage 0 3 10 20 10) Tree Mitigation 0 1 7 16 9) Mechanical 2 5 47 56 9) Fire Sprinkler 0 2 8 9 1) Other- Moving 0 1 2 1 1 Reroof 1 0 2 3 1) Rep it/ Replace 0 2 10 50 40) Righ -of-Way Use 2 9 65 15 50 Con truction Mitigation 1 2 10 2 8 Wireless Comm Facility 0 0 2 0 2 TOTAL PERMITS 7 31 229 242 13) Inspections Building 34 25 462 363 99 Construction Mitigation 0 2 39 27 12 Grading/Drainage 14 11 71 90 19) Tree Mitigation 10 3 89 57 32 Right-of-Way 3 15 114 158 44) TOTAL INSPECTIONS 61 56 775 695 80 I I I ITEM RA-4 A of"'E0 CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425233.6400(phone) 425.451.8197(fax) www.medina-wa.gov MEMORANDUM To: City Council From: Planning Commission Date: October 26, 2011 Subject: 84th Avenue N.E. Improvements The Planning Commission discussed the 84th Avenue N.E. improvements and unanimously wishes to express the following: The Planning Commission has great concerns about the project and believes the following should be addressed before deciding on the improvements: Function. 84th Avenue N.E. provides travel for a large amount of traffic and we are concerned that a median could adversely affect the roadway's function as an important access into and out of the community. Narrower lanes and limits on turning around are a cause for concern. Costs. How is the street improvement going to be paid for? While we understand this is an issue to be decided by the City Council, as residents, we are concerned on how additional funds will be raised during a time of tight budgets. Safety. While we understand the principle that narrower streets slow traffic down, drivers still go about 5 miles over the speed limit. With narrower lanes for vehicles, pedestrians and bicycles, we are concerned that speeds will be such as to create a safety problem. We are also concern because the road lacks streetlights on the west side. When the trees in the median grow enough, they will block the roadway lighting provided from the streetlights on the east side of the road. With narrower lanes for traffic, pedestrians and bicycles, plus the lack of street lighting on the west side, we are concerned a safety problem is being created where one currently does not exist. Aesthetics. This appears to be the primary purpose for the project. A new tree median will have a profound effect on the look and feel of the community. While this change in look could be good, more community input and public vetting should take place before making such an important decision. ITEM RA-4 Not Approved CITY OF MEDINA Planning Commission Special Meeting October 26, 2011 Medina City Hall Council Chambers 6:00 p.m. 501 Evergreen Point Road CALL TO ORDER The Planning Commission special meeting of October 26, 2011, was called to order at 6:00 PM by Chair O'Brien. ROLL CALL Present: Peter May, Alex Morcos, Heija Nunn (arrived 6:03 PM), Judie O'Brien, Jeff Price (arrived 6:03 PM), Ching-Pi Wang. David Lee participated via telephone. Absent: None Staff Present: Robert Grumbach, Development Services Director Donna Goodman, Development Services Coordinator Amy Summe, The Watershed Company (SMP Consultant) ANNOUNCEMENTS (6:01 PM) Grumbach announced that there will be an open house for citizens to meet the new police chief, Mark Thomas. The exact date was not known. APPROVAL OF MINUTES (6:02 PM) MOTION WANG / SECOND MAY TO APPROVE SEPTEMBER 28, 2011 , SPECIAL MEETING MINUTES AS SUBMITTED. APPROVED 7-0 (6:02 PM). AUDIENCE PARTICIPATION (6:02 PM) There were no comments from the audience at this time. OTHER BUSINESS 1) Continued Discussion on Shoreline Master Program Update — Regulations and Restoration Plan. (6:04 PM) Grumbach discussed his memo summarizing the changes since the last meeting. He reported meeting with Charlie Klinge (representing Medina Now), Steve Burnstead and Suzanne Cohen. Following this meeting he identified formatting changes to the chapter on shoreline modifications to help make these regulations easier to follow. There was a consensus by the commissioners to review the SMP discussion draft in the packet section by section. DRAFT Grumbach began with the section on general provisions. He explained that the provisions were essentially unchanged except that purpose statements were inserted. He noted that the next update would include reformatting the chapter to break it down by subsections to make it easier to find specific definitions. He also said that a new definition on "soft structural" shoreline stabilization was added. Grumbach next addressed the section on shoreline environmental designations and noted the addition of a map showing the different environmental designations. Grumbach continued on to discuss the shoreline use regulations and reported no changes on the uses. However, he noted that he would like to look at possible changes regarding certain activities that are listed as requiring a conditional use permit when that may not be necessary. The next chapter reviewed was the shoreline general development standards. Grumbach explained that most of the development standards are based on existing zoning regulations, except the shoreline height regulation which is based on the Shoreline Management Act. He explained that the zoning code height standards would still apply and in most instances the zoning is likely to be more restrictive than the shoreline standard. Charlie Klinge, representing Medina Now, commented that if a resident wants the exemption from the requirement for a substantial development permit that is available for an owner-occupied single family home, they must adhere to the state's 35 foot height limit. If they want to go higher than that, they would have to get a substantial development permit. Klinge suggested revised language that would clarify this, if the zoning allows a greater height. Grumbach explained that he would check on this, but that he did not think it was correct that the height is tied to the substantial development permit process. Regarding shoreline setbacks, Grumbach noted that he had made some editing changes since the last document to incorporate improved language that Klinge had suggested. He added that in the next draft he would incorporate minor clarifications to the stringline setback section that were suggested by Bob Rudolph. Klinge again addressed the commission concerning residents' worries about the creation of nonconformities for hardscape features, such as patios. He opined that the language on setbacks should be clarified so that it applies only to buildings and not hardscape. Discussion followed on nonconformities and shoreline setbacks and where expansion would be allowed. Also addressed were the character of the waterfront and the issue of equity among property owners. Grumbach explained that the shoreline setbacks are basically unchanged with the exception of the mitigation requirements for 30-foot setbacks. There are existing non-conformities, however new nonconformities will not be created. Planning Commission Minutes Page 2 October 27, 2011 DRAFT Steve Burnstead commented on shoreline setbacks, stating that there should be an allowance for patios or decks in the setback areas because that is how people live. He also felt that it was fine to regulate the first 30 feet, but beyond that there should be some allowance to construct patios. The commissioners discussed setbacks and nonconformities. Grumbach explained the current rules of non-conformity under the zoning code. May summarized that the consensus was to allow people to rebuild what they have. It was decided that Grumbach would revise the language to add decks and patios consistent with this concept. Nunn mentioned that it was important to know what the existing development is on the waterfront. Grumbach explained that the City does not have the resources to do the study that would be required, but we do have a sampling analysis that suggests a range of 15% —20% impervious surfaces within shoreline setbacks. Chair O'Brien suggested it would be helpful to see examples of what 15% - 20% looks like. Grumbach agreed to work up examples for the commissioners to review and discuss at the next meeting. Grumbach moved on to the next chapter on modifications and discussed the section on piers and docks. He stated that the language was tightened-up to make it clearer, but no substantive changes had been made. Regarding the shoreline stabilization provisions, Grumbach stated that he had done editing but had made no substantive changes other than removing the requirement for a geotechnical report on the replacement of existing shoreline stabilization. Regarding the tree provision, Grumbach explained the changes made to this section and that it now more closely reflects the current tree code. He stated that he will do more work in this area to make it clearer. Burnstead addressed the subject of trees and explained that the language does not take into account the existing trees that are too large in an urban environment. He asserted that this section is too restrictive. On the Restoration Plan, May identified a labeling error. He also pointed out that the discussion on Fairweather Bay does not mention wave action, but that it can be verified that there is substantial wave action there from boat activity and from northwest winds which can cause 2- to 3-foot waves. He was concerned that eventually the wave action becomes an argument for bulkhead replacement and that there is no discussion of this in the document. Amy Summe stated that they do not have studies supporting this but that they can acknowledge it in the document. 2) Development Permit Provisions (includes Administrative Permit Provisions for the Shoreline Master Program), (8:25 PM) Grumbach introduced the development permit provisions and noted that these would be adopted separately from the Shoreline Master Program. He explained that Planning Commission Minutes Page 3 October 27, 2011 DRAFT administrative provisions are not part of the Shoreline Master Program, but must be reviewed by Ecology for consistency with state requirements. He went on to say that the Medina code does not contain provisions for shoreline permits so this is new and will include other permits as well. He also explained that shoreline permits currently require a hearing before the hearing examiner and he is proposing to introduce a new shoreline permit that can be approved administratively for projects that are smaller in scope. He noted that this document will be more complete at the next meeting. 3) 2012 Planning Commission Work Program (8:32 PM) Grumbach briefed the commissioners that the City Council would like to review the commission's 2012 work program at their December meeting if possible. He explained that there was a request by a couple of residents for changes to the tree code and the council wanted to know if the Planning Commission would like to work on this issue next year. Discussion followed relative to the timing of the council's review of the work plan and the consensus was to place this issue on the commission's agenda for November. 4) Discussion on Proposed Plan for 84th Avenue N.E. (8:38 PM) This issue was raised by Commissioner Nunn who expressed dismay that a consensus at the last meeting to meet jointly with the Park Board was subsequently overturned through email correspondence. She also communicated disappointment that the opportunity the commission had to weigh in on an important issue was lost. Discussion followed on Nunn's concerns. Commissioners then discussed the proposed plan for 84th Avenue N.E. Price noted that this item should have been placed on the agenda. MOTION MAY/ SECOND PRICE TO FORWARD TO THE COUNCIL THE COMMISSION'S VIEW THAT A MEDIAN IS CONSISTENT WITH THE GOALS FOR THE CITY BUT THAT THERE ARE A NUMBER OF CONCERNS ABOUT APPROACHING THE PROJECT IN A PIECEMEAL FASHION WITHOUT GREATER UNDERSTANDING OF THE ULTIMATE TRAFFIC IMPACTS AND UNCERTAINTIES. (8:57 PM) Discussion followed. Nunn reported on the information she gathered while attending the City's open house on this issue. Further discussion took place on the fiscal concerns relative to the project. May suggested that the Chair attend the council meeting to express the commissioners' concerns. O'Brien agreed to attend. MAY WITHDREW HIS MOTION. PRICE WITHDREW THE SECOND. THE VOTE WAS UNANIMOUS (7-0) TO WITHDRAW THE MOTION. (9:04 PM). Planning Commission Minutes Page 4 October 27, 2011 DRAFT MOTION WANG / SECOND MORCOS TO EXPRESS TO THE COUNCIL THAT THE PLANNING COMMISSION HAS GREAT CONCERNS ABOUT THE PROJECT RELATED TO FUNCTIONALITY, COST, AESTHETICS, AND SAFETY. APPROVED 7-0. (9:10 PM) Grumbach stated he would generate a memo for the council expressing the views stated in the approved motion and would get the commissioners' feedback before presenting it. ADJOURNMENT MOTION MAY/ SECOND NUNN TO ADJOURN OCTOBER 26, 2011 PLANNING COMMISSION SPECIAL MEETING. APPROVED 7 -0 (9:10 PM) The next Planning Commission meeting is scheduled for Monday, November 28, 2011, at 6:00 PM. Minutes taken by: Donna Goodman Development Services Coordinator Planning Commission Minutes Page 5 October 27, 2011 ITEM RA-4 k g MEDINA POLICE DEPARTMENT DATE: December 7, 2011 TO: City Council FROM: Chief Mark Thomas RE:Police Department Update For the month of November, no violent crimes were reported in the City of Medina. Five non-violent crimes were reported and four of them occurred on November 11 (3 vehicle prowls and 1 burglary). The trend of increased vehicle prowls during 2011 has continued with three in November, resulting in a year to date increase of 138% (19 vs. 8). Through the end of November, the total crimes reported in 2011. are down 9% from 2010. Felony crimes are down 10% and misdemeanors are up 10%. The recent increase in burglaries and vehicle prowls in both Medina and Hunts Point have been the greatest source of community concern, and our department's focus. We continue to investigate these crimes aggressively and have good leads on the recent cases. The most recent vehicle prowl on December 5"'resulted in one arrest as our officers were able to get to the area quickly after being dispatched. We recovered a vehicle that had just been stolen in Medina, and ended up investigating 4 mail thefts and 3 vehicle prowls the same area. We continue to prioritize officer visibility and proactive patrols to combat crimes. The Medina Police Department is on schedule to achieve state law enforcement accreditation by the end of 2012. We have a draft of our new policy manual which is currently being reviewed. The policy manual should be finalized and published by the end of the year. A management review by the Washington Association of Sheriffs and Police Chiefs (WASPC) will likely occur in February and the initial accreditation visit by June, leaving us sufficient time to complete the necessary follow-up by the end of the year. 1 ITEM RA-4 MEDINA POLICE DEPARTMENT MONTHLY SUMMARY NOVEMBER,2011 Mark Thomas, Chief of Police FELONY CRIMES Fraud (ID Theft) 2011-002645 11/01/11 7800 block of NE 8th St Victim reported person(s) unknown filed a federal tax return using the social security number. It is unknown how the social security number was obtained. Burglary 2011-002654 11/11/11 8300 block Overlake Dr W. E-lert#11-30 Between the hours of 9:00 pm on 11/10/11 and 8:00 am on 11/11/11, someone forced open the front door of the residence. The house was ransacked and a laptop was stolen. MISDEMEANOR CRIMES Vehicle Prowl 2011-002653 11/11/11 8400 block of Midland Rd E-lert-11-30 Three vehicles were broken into by shattering windows with a variety of items taken. A red vest worth $150 was taken from inside the vehicle. Report of damage to the window of the vehicle. Vehicle Prowl 2011-002652 11/11/11 8600 block of NE 7th St E-lert#11-30 Damage to the window of the vehicle,but nothing was taken from inside the vehicle. Vehicle Prowl 2011-002651 11/11/11 8600 block of NE 7th St E-let#11-30 Damage to the window of the vehicle and items were taken from inside the vehicle worth 380. OTHER ITEM RA-4 HUNTS POINT MONTHLY SUMMARY NOVEMBER 2011 Mark Thomas, ChiefofPolice FELONY CRIMES Burglary 2011-2655 11/11/11 3100 block of Hunts Point Circle E-lert#11-30 On November 11`h at approximately 4:40pm Medina Police responded to an alarm in the 3100 block of Hunts Point Circle. Police found the front door had been forced open and the thieves had already fled. Upon closer inspection items appear to have been stolen and the homeowner is working on compiling a list of exactly what was taken. Possible suspects along with an associated vehicle were observed leaving the area. Surveillance footage from cameras is being reviewed for any additional information. Burglary (Attempt) 2011-0002656 11/14/11 3000 block of Hunts Point Road Between 2:00 pm on November 11`h and 9:00 am on November 12th person(s)unknown tried to kick open the front door, causing damage to the door jam and dead bolt. There were no pry marks on the door or frame. The suspects did not gain entry. Total estimated damage is $800. Vehicle Prowl (Theft) 2011-0002659/2660 11/23/11 8500 block of Hunts Point Lane E-lert#11-31 Between the hours of 8:00 pm on 11/23/11 and 2:00 pm on 11/24/11, a vehicle parked in a driveway in approximately the 8500 block of Hunts Point Lane had a window smashed out and $300 worth ofjewelry taken. The Town's surveillance camera system will be reviewed for any possible leads. MISDEMEANOR CRIMES Vehicle Prowl (Theft) 2011-0002650 11/10/11 4014 Hunts Point Road E-lert#11-30 Passenger window smashed and wallet with approximately$80 cash stolen from inside vehicle. ITEM RA-4 Not Approved CITY OF MEDINA Planning Commission Special Meeting October 26, 2011 Medina City Hall Council Chambers 6:00 p.m. 501 Evergreen Point Road CALL TO ORDER The Planning Commission special meeting of October 26, 2011, was called to order at 6:00 PM by Chair O'Brien. ROLL CALL Present: Peter May, Alex Morcos, Heija Nunn (arrived 6:03 PM), Judie O'Brien, Jeff Price (arrived 6:03 PM), Ching-Pi Wang. David Lee participated via telephone. Absent: None Staff Present: Robert Grumbach, Development Services Director Donna Goodman, Development Services Coordinator Amy Summe, The Watershed Company (SMP Consultant) ANNOUNCEMENTS (6:01 PM) Grumbach announced that there will be an open house for citizens to meet the new police chief, Mark Thomas. The exact date was not known. APPROVAL OF MINUTES (6:02 PM) MOTION WANG / SECOND MAY TO APPROVE SEPTEMBER 28, 2011 , SPECIAL MEETING MINUTES AS SUBMITTED. APPROVED 7-0 (6:02 PM). AUDIENCE PARTICIPATION (6:02 PM) There were no comments from the audience at this time. OTHER BUSINESS 1) Continued Discussion on Shoreline Master Program Update — Regulations and Restoration Plan. (6:04 PM) Grumbach discussed his memo summarizing the changes since the last meeting. He reported meeting with Charlie Klinge (representing Medina Now), Steve Burnstead and Suzanne Cohen. Following this meeting he identified formatting changes to the chapter on shoreline modifications to help make these regulations easier to follow. There was a consensus by the commissioners to review the SMP discussion draft in the packet section by section. DRAFT Grumbach began with the section on general provisions. He explained that the provisions were essentially unchanged except that purpose statements were inserted. He noted that the next update would include reformatting the chapter to break it down by subsections to make it easier to find specific definitions. He also said that a new definition on "soft structural" shoreline stabilization was added. Grumbach next addressed the section on shoreline environmental designations and noted the addition of a map showing the different environmental designations. Grumbach continued on to discuss the shoreline use regulations and reported no changes on the uses. However, he noted that he would like to look at possible changes regarding certain activities that are listed as requiring a conditional use permit when that may not be necessary. The next chapter reviewed was the shoreline general development standards. Grumbach explained that most of the development standards are based on existing zoning regulations, except the shoreline height regulation which is based on the Shoreline Management Act. He explained that the zoning code height standards would still apply and in most instances the zoning is likely to be more restrictive than the shoreline standard. Charlie Klinge, representing Medina Now, commented that if a resident wants the exemption from the requirement for a substantial development permit that is available for an owner-occupied single family home, they must adhere to the state's 35 foot height limit. If they want to go higher than that, they would have to get a substantial development permit. Klinge suggested revised language that would clarify this, if the zoning allows a greater height. Grumbach explained that he would check on this, but that he did not think it was correct that the height is tied to the substantial development permit process. Regarding shoreline setbacks, Grumbach noted that he had made some editing changes since the last document to incorporate improved language that Klinge had suggested. He added that in the next draft he would incorporate minor clarifications to the stringline setback section that were suggested by Bob Rudolph. Klinge again addressed the commission concerning residents' worries about the creation of nonconformities for hardscape features, such as patios. He opined that the language on setbacks should be clarified so that it applies only to buildings and not hardscape. Discussion followed on nonconformities and shoreline setbacks and where expansion would be allowed. Also addressed were the character of the waterfront and the issue of equity among property owners. Grumbach explained that the shoreline setbacks are basically unchanged with the exception of the mitigation requirements for 30-foot setbacks. There are existing non-conformities, however new nonconformities will not be created. Planning Commission Minutes Page 2 October 27, 2011 DRAFT Steve Burnstead commented on shoreline setbacks, stating that there should be an allowance for patios or decks in the setback areas because that is how people live. He also felt that it was fine to regulate the first 30 feet, but beyond that there should be some allowance to construct patios. The commissioners discussed setbacks and nonconformities. Grumbach explained the current rules of non-conformity under the zoning code. May summarized that the consensus was to allow people to rebuild what they have. It was decided that Grumbach would revise the language to add decks and patios consistent with this concept. Nunn mentioned that it was important to know what the existing development is on the waterfront. Grumbach explained that the City does not have the resources to do the study that would be required, but we do have a sampling analysis that suggests a range of 15% —20% impervious surfaces within shoreline setbacks. Chair O'Brien suggested it would be helpful to see examples of what 15% - 20% looks like. Grumbach agreed to work up examples for the commissioners to review and discuss at the next meeting. Grumbach moved on to the next chapter on modifications and discussed the section on piers and docks. He stated that the language was tightened-up to make it clearer, but no substantive changes had been made. Regarding the shoreline stabilization provisions, Grumbach stated that he had done editing but had made no substantive changes other than removing the requirement for a geotechnical report on the replacement of existing shoreline stabilization. Regarding the tree provision, Grumbach explained the changes made to this section and that it now more closely reflects the current tree code. He stated that he will do more work in this area to make it clearer. Burnstead addressed the subject of trees and explained that the language does not take into account the existing trees that are too large in an urban environment. He asserted that this section is too restrictive. On the Restoration Plan, May identified a labeling error. He also pointed out that the discussion on Fairweather Bay does not mention wave action, but that it can be verified that there is substantial wave action there from boat activity and from northwest winds which can cause 2- to 3-foot waves. He was concerned that eventually the wave action becomes an argument for bulkhead replacement and that there is no discussion of this in the document. Amy Summe stated that they do not have studies supporting this but that they can acknowledge it in the document. 2) Development Permit Provisions (includes Administrative Permit Provisions for the Shoreline Master Program), (8:25 PM) Grumbach introduced the development permit provisions and noted that these would be adopted separately from the Shoreline Master Program. He explained that Planning Commission Minutes Page 3 October 27, 2011 DRAFT administrative provisions are not part of the Shoreline Master Program, but must be reviewed by Ecology for consistency with state requirements. He went on to say that the Medina code does not contain provisions for shoreline permits so this is new and will include other permits as well. He also explained that shoreline permits currently require a hearing before the hearing examiner and he is proposing to introduce a new shoreline permit that can be approved administratively for projects that are smaller in scope. He noted that this document will be more complete at the next meeting. 3) 2012 Planning Commission Work Program (8:32 PM) Grumbach briefed the commissioners that the City Council would like to review the commission's 2012 work program at their December meeting if possible. He explained that there was a request by a couple of residents for changes to the tree code and the council wanted to know if the Planning Commission would like to work on this issue next year. Discussion followed relative to the timing of the council's review of the work plan and the consensus was to place this issue on the commission's agenda for November. 4) Discussion on Proposed Plan for 84th Avenue N.E. (8:38 PM) This issue was raised by Commissioner Nunn who expressed dismay that a consensus at the last meeting to meet jointly with the Park Board was subsequently overturned through email correspondence. She also communicated disappointment that the opportunity the commission had to weigh in on an important issue was lost. Discussion followed on Nunn's concerns. Commissioners then discussed the proposed plan for 84th Avenue N.E. Price noted that this item should have been placed on the agenda. MOTION MAY/ SECOND PRICE TO FORWARD TO THE COUNCIL THE COMMISSION'S VIEW THAT A MEDIAN IS CONSISTENT WITH THE GOALS FOR THE CITY BUT THAT THERE ARE A NUMBER OF CONCERNS ABOUT APPROACHING THE PROJECT IN A PIECEMEAL FASHION WITHOUT GREATER UNDERSTANDING OF THE ULTIMATE TRAFFIC IMPACTS AND UNCERTAINTIES. (8:57 PM) Discussion followed. Nunn reported on the information she gathered while attending the City's open house on this issue. Further discussion took place on the fiscal concerns relative to the project. May suggested that the Chair attend the council meeting to express the commissioners' concerns. O'Brien agreed to attend. MAY WITHDREW HIS MOTION. PRICE WITHDREW THE SECOND. THE VOTE WAS UNANIMOUS (7-0) TO WITHDRAW THE MOTION. (9:04 PM). Planning Commission Minutes Page 4 October 27, 2011 DRAFT MOTION WANG / SECOND MORCOS TO EXPRESS TO THE COUNCIL THAT THE PLANNING COMMISSION HAS GREAT CONCERNS ABOUT THE PROJECT RELATED TO FUNCTIONALITY, COST, AESTHETICS, AND SAFETY. APPROVED 7-0. (9:10 PM) Grumbach stated he would generate a memo for the council expressing the views stated in the approved motion and would get the commissioners' feedback before presenting it. ADJOURNMENT MOTION MAY/ SECOND NUNN TO ADJOURN OCTOBER 26, 2011 PLANNING COMMISSION SPECIAL MEETING. APPROVED 7 -0 (9:10 PM) The next Planning Commission meeting is scheduled for Monday, November 28, 2011, at 6:00 PM. Minutes taken by: Donna Goodman Development Services Coordinator Planning Commission Minutes Page 5 October 27, 2011 ITEM RA-4 k g MEDINA POLICE DEPARTMENT DATE: December 7, 2011 TO: City Council FROM: Chief Mark Thomas RE:Police Department Update For the month of November, no violent crimes were reported in the City of Medina. Five non-violent crimes were reported and four of them occurred on November 11 (3 vehicle prowls and 1 burglary). The trend of increased vehicle prowls during 2011 has continued with three in November, resulting in a year to date increase of 138% (19 vs. 8). Through the end of November, the total crimes reported in 2011. are down 9% from 2010. Felony crimes are down 10% and misdemeanors are up 10%. The recent increase in burglaries and vehicle prowls in both Medina and Hunts Point have been the greatest source of community concern, and our department's focus. We continue to investigate these crimes aggressively and have good leads on the recent cases. The most recent vehicle prowl on December 5"'resulted in one arrest as our officers were able to get to the area quickly after being dispatched. We recovered a vehicle that had just been stolen in Medina, and ended up investigating 4 mail thefts and 3 vehicle prowls the same area. We continue to prioritize officer visibility and proactive patrols to combat crimes. The Medina Police Department is on schedule to achieve state law enforcement accreditation by the end of 2012. We have a draft of our new policy manual which is currently being reviewed. The policy manual should be finalized and published by the end of the year. A management review by the Washington Association of Sheriffs and Police Chiefs (WASPC) will likely occur in February and the initial accreditation visit by June, leaving us sufficient time to complete the necessary follow-up by the end of the year. 1 ITEM RA-4 MEDINA POLICE DEPARTMENT MONTHLY SUMMARY NOVEMBER,2011 Mark Thomas, Chief of Police FELONY CRIMES Fraud (ID Theft) 2011-002645 11/01/11 7800 block of NE 8th St Victim reported person(s) unknown filed a federal tax return using the social security number. It is unknown how the social security number was obtained. Burglary 2011-002654 11/11/11 8300 block Overlake Dr W. E-lert#11-30 Between the hours of 9:00 pm on 11/10/11 and 8:00 am on 11/11/11, someone forced open the front door of the residence. The house was ransacked and a laptop was stolen. MISDEMEANOR CRIMES Vehicle Prowl 2011-002653 11/11/11 8400 block of Midland Rd E-lert-11-30 Three vehicles were broken into by shattering windows with a variety of items taken. A red vest worth $150 was taken from inside the vehicle. Report of damage to the window of the vehicle. Vehicle Prowl 2011-002652 11/11/11 8600 block of NE 7th St E-lert#11-30 Damage to the window of the vehicle,but nothing was taken from inside the vehicle. Vehicle Prowl 2011-002651 11/11/11 8600 block of NE 7th St E-let#11-30 Damage to the window of the vehicle and items were taken from inside the vehicle worth 380. OTHER ITEM RA-4 HUNTS POINT MONTHLY SUMMARY NOVEMBER 2011 Mark Thomas, ChiefofPolice FELONY CRIMES Burglary 2011-2655 11/11/11 3100 block of Hunts Point Circle E-lert#11-30 On November 11`h at approximately 4:40pm Medina Police responded to an alarm in the 3100 block of Hunts Point Circle. Police found the front door had been forced open and the thieves had already fled. Upon closer inspection items appear to have been stolen and the homeowner is working on compiling a list of exactly what was taken. Possible suspects along with an associated vehicle were observed leaving the area. Surveillance footage from cameras is being reviewed for any additional information. Burglary (Attempt) 2011-0002656 11/14/11 3000 block of Hunts Point Road Between 2:00 pm on November 11`h and 9:00 am on November 12th person(s)unknown tried to kick open the front door, causing damage to the door jam and dead bolt. There were no pry marks on the door or frame. The suspects did not gain entry. Total estimated damage is $800. Vehicle Prowl (Theft) 2011-0002659/2660 11/23/11 8500 block of Hunts Point Lane E-lert#11-31 Between the hours of 8:00 pm on 11/23/11 and 2:00 pm on 11/24/11, a vehicle parked in a driveway in approximately the 8500 block of Hunts Point Lane had a window smashed out and $300 worth ofjewelry taken. The Town's surveillance camera system will be reviewed for any possible leads. MISDEMEANOR CRIMES Vehicle Prowl (Theft) 2011-0002650 11/10/11 4014 Hunts Point Road E-lert#11-30 Passenger window smashed and wallet with approximately$80 cash stolen from inside vehicle. ITEM RA-4 MEDINA POLICE DEPARTMENT mFDINA In E.is x Mark Thomas, Chief of Police 4Fa Monthly Activity Report City of Medina 2011 Felony Crimes November YTD YTD Year End 2011 2011 2010 2010 Assault,Aggravated 0 0 1 1 Robbery 0 0 0 0 Sexual Assault/Rape 0 0 0 0 Burglary (inc Attempt) 1 9 7 9 Drug Violations 0 0 1 1 Fraud (ID Theft)1 14 22 23 Vehicle Prowl 0 8 6 6 Theft(over $250) 0 4 7 7 Malicious Mischief 0 3 3 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 2 39 49 52 Misdeameanor November YTD YTD Year End Crimes 2011 2011 2010 2010 Assault, Simple 0 0 2 2 Malicious Mischief 0 8 7 7 Vehicle Prowl 3 11 2 2 Theft(Under$250) 0 4 5 6 Domestic Violence 0 2 0 0 Minor in Possession 0 0 4 4 Drug Violations 0 5 7 7 Poss Stolen Property 0 0 0 0 Total 3 30 27 28 Page 1 ITEM RA-4 MEDINA POLICE DEPARTMENT IPA t KL. I " Mark Thomas, Chief of Police i:2;) 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 0 0 0 0 Robbery 0 0 0 0 0 0 0 0 0 0 0 0 Sexual Assault/Rape 0 0 0 0 0 0 0 0 0 0 0 0 Burglary (inc Attempt) 1 0 0 0 2 2 2 0 1 0 1 9 Drug Violations 0 0 0 0 0 0 0 0 0 0 0 0 Fraud (ID Theft) 3 0 4 0 0 0 2 2 0 2 1 14 Vehicle Prowl 0 3 0 0 4 0 0 0 0 1 0 8 Theft (over $250) 2 0 0 0 0 0 1 1 0 0 0 4 Malicious Mischief 0 0 0 0 0 0 1 2 0 0 0 3 Arson 0 0 0 0 0 0 0 0 0 0 0 0 Auto/Boat Theft 0 1 0 0 0 0 0 0 0 0 0 1 Poss Stolen Property 0 0 0 0 0 0 0 0 0 0 0 0 Other 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL 6 4 4 0 6 2 6 5 1 3 2 0 39 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 0 0 0 0 Malicious Mischief 0 0 0 0 2 1 1 1 3 0 0 8 Vehicle Prowl 0 1 2 0 4 0 0 0 1 0 3 11 Theft (Under $250) 0 1 1 0 0 2 0 0 0 0 0 4 Domestic Violence 1 0 0 0 0 1 0 0 0 0 0 2 Minor in Possession 0 0 0 0 0 0 0 0 0 0 0 0 Drug Violations 1 0 0 0 1 1 1 0 1 0 0 5 Poss Stolen Property 0 0 0 0 0 0 0 0 0 0 0 0 Total 27 2 3 0 7 5 2 1 5 0 3 0 30 Page 2 ITEM RA-4 uiN MEDINA POLICE DEPARTMENT iI 'Mark Thomas, ChiefofPolice Monthly Activity Report City of Medina 2011 Traffic November YTD YTD Year End ACCIDENTS 2011 2011 2010 2010 Injury 0 0 0 0 Non-Injury 1 18 13 15 TOTAL 1 18 13 15 Traffic November YTD YTD Year End CITATIONS 2011 2011 2010 2010 Driving Under Influence 1 19 31 35 Other 1 33 81 88 Total 2 52 112 123 Traffic November YTD YTD Year End INFRACTIONS 2011 2011 2010 2010 Speeding 6 182 314 331 Parking 5 89 91 102 Other 8 112 207 218 Total 19 383 612 651 November YTD YTD Year End WARNINGS 2011 2011 2010 2010 Total 89 772 942 1012 November YTD YTD Year End CALLS FOR SERVICE 2011 2011 2010 2010 House Watch 17 288 290 334 False Alarms 17 320 341 375 Assists 14 273 270 293 Suspicious Circumstances 11 102 128 137 Property-Found/Lost 1 7 16 17 Animal Complaints 2 24 40 40 Missing Person 0 1 1 1 Warrant Arrests 1 25 42 47 Other 0 11 13 14 Total 63 1051 1141 1258 DWLS; Fail to Transfer Title; No License Expired Tabs; No insurance; Fail to stop; Defective Equipment Verbal Domestic; Vandalism; Civil Dispute; Disturbance Page 3 ITEM RA-4 MEDINA POLICE DEPARTMENT t( Mark Thomas, Chief of Police YEARLY ACTIVITY REPORT City of Medina 2011 Traffic Accidents Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Injury 0 0 0 0 0 0 0 0 0 0 0 0 Non-Injury 1 1 2 0 2 1 3 2 2 3 1 18 TOTAL 1 1 2 0 2 1 3 2 2 3 1 0 18 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 0 2 2 1 19 Other 1 5 8 4 3 5 0 3 1 2 1 33 Total 3 6 9 6 5 6 5 3 3 4 2 0 52 Traffic Infractions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Speeding 10 18 20 29 7 40 22 5 0 25 6 182 Parking 4 8 1 0 9 10 2 16 18 16 5 89 Other 3 11 12 16 14 13 10 10 5 10 8 112 Total 17 37 33 45 30 63 34 31 23 51 19 0 383 Warnings Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total 65 63 57 90 92 100 51 60 47 58 89 772 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 10 20 15 17 288 False Alarms 27 35 30 22 25 29 44 46 24 21 17 320 Assists 21 20 19 16 25 41 36 44 25 12 14 273 Suspicious Circumstance 7 11 11 1 11 11 8 14 17 0 11 102 Property-Found/Lost 1 0 0 1 1 2 0 0 0 1 1 7 Animal Complaints 2 1 1 1 4 2 4 2 4 1 2 24 Missing Person 0 0 0 0 0 0 0 0 1 0 0 1 Warrant Arrests 2 2 2 1 6 5 1 3 1 1 1 25 Other 0 0 0 1 6 1 3 0 0 0 0 11 Total 77 95 99 84 105 130 136 119 92 51 63 0 1051 Page 4 ITEM RA-4 MEDINA POLICE DEPARTMENT Town of Mark Thomas, ChiefofPolice Hunts Point Monthly Activity Report Town of Hunts Point 2011 Felony Crimes November YTD YTD Year End 2011 2011 2010 2010 Burglary 2 3 0 0 Forgery (Identity Theft) 0 0 4 5 Vehicle Prowl 1 1 0 0 Theft(over$250) 0 0 1 1 Possession Stolen Prop 0 0 0 0 Drug Violation 0 0 0 0 Auto/Boat Theft 0 1 0 0 TOTAL 3 5 5 6 Misdeameanor November YTD YTD Year End Crimes 2011 2011 2010 2010 Assault,Simple 0 0 1 1 Malicious Mischief 0 0 1 1 Vehicle Prowl 1 4 0 1 Theft (Under$250) 0 0 6 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 1 1 Total 1 5 9 10 Page 5 ITEM RA-4 MEDINA POLICE DEPARTMENT Town of Mark Thomas, Chief ofPolice Hunts Point 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 0 0 0 2 3 Forgery(Identity) 0 0 0 0 0 0 0 0 0 0 0 0 Vehicle Prowl 0 0 0 0 0 0 0 0 0 0 1 1 Theft(over$250)0 0 0 0 0 0 0 0 0 0 0 0 Poss Stolen Prop 0 0 0 0 0 0 0 0 0 0 0 0 Drug Violation 0 0 0 0 0 0 0 0 0 0 0 0 Auto/Boat Theft 0 0 0 0 0 0 0 1 0 0 0 1 TOTAL 0 0 1 0 0 0 0 1 0 0 3 0 5 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 0 0 0 0 Malicious Mischief 0 0 0 0 0 0 0 0 0 0 0 0 Vehicle Prowl 0 0 0 0 0 0 0 0 1 2 1 4 Theft(Under$250) 0 0 0 0 0 0 0 0 0 0 0 0 Poss Stolen Prop 0 0 0 0 0 0 0 0 0 0 0 0 Domestic Violence 0 0 0 0 0 0 0 0 0 0 0 0 Minor in Possession 0 0 0 0 0 0 0 0 0 0 0 0 Drug Violations 0 0 0 1 0 0 0 0 0 0 0 1 Total 0 0 0 1 0 0 0 0 1 2 1 0 5 Page 6 ITEM RA-4 MEDINA POLICE DEPARTMENT TOWII of Mark Thomas, ChiefofPolice Hunts Point Monthly Activity Report Hunts Point 2011 Traffic November YTD YTD Year End CITATIONS 2011 2011 2010 2010 Driving Under Influence 0 3 1 1 Accidents 0 3 0 1 Other 2 19 26 31 Total 2 25 27 33 Traffic November YTD YTD Year End INFRACTIONS 2011 2011 2010 2010 Speeding 0 1 6 6 Parking 1 3 13 13 Other 8 84 235 264 Total 9 88 254 283 November YTD YTD Year End WARNINGS 2011 2011 2010 2010 Total 29 155 176 193 November YTD YTD Year End CALLS FOR SERVICE 2011 2011 2010 2010 House Watch 3 18 21 23 False Alarms 3 48 65 67 Assists 0 21 37 40 Suspicious Circumstances 0 9 14 17 Property-Lost/Found 0 0 1 1 Animal Complaints 0 1 4 4 Missing Person 0 0 0 0 Warrant Arrests 0 1 3 3 Other 0 0 1 1 Total 6 98 146 156 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 Mark Thomas, ChiefofPolice Hunts Polllt 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 0 0 0 0 3 Accidents 0 0 0 0 2 1 0 0 0 0 0 3 Other 3 1 3 1 2 1 3 1 1 1 2 19 Total 4 2 3 2 4 2 3 1 1 1 - 2 0 25 Traffic Infractions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Speeding 1 0 0 0 0 0 0 0 0 0 0 1 Parking 0 0 0 0 0 1 0 0 1 0 1 3 Other 9 2 13 3 16 10 4 3 5 11 8 84 Total 10 2 13 3 16 11 4 3 6 11 9 0 88 Warnings Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total 8 16 20 11 16 14 10 11 6 14 ' 29 155 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 2 2 2 3 18 False Alarms 5 2 3 6 4 4 6 5 8 2 3 48 Assists 2 1 2 3 2 6 1 3 1 0 0 21 Suspicious Circumstances 3 1 1 0 2 1 0 0 1 0 0 9 Property-Lost/Found 0 0 0 0 0 0 0 0 0 0 0 0 Animal Complaints 0 0 0 1 0 0 0 0 0 0 0 1 Missing Person 0 0 0 0 0 0 0 0 0 0 0 0 Warrant Arrests 1 0 0 0 0 0 0 0 0 0 0 1 Other 0 0 0 0 0 0 0 0 0 0 0 0 Total 12 5 6 11 10 14 8 10 12 4 6 0 98 Page 8 A of filE4, ITEM RA-4 CITY OF MEDINA Office of the City Manager December 5, 2011 To: Mayor and City Council Via: Donna Hanson, City Manager From: Joe Willis Sr., Director of Public Works Subject: November 2011 Public Works Report 1. The Public Works crew installed reflective buttons at each end of the NE 12th/Lake Washington Blvd Traffic Safety Improvement Project. Additional reflectors were installed south of the Lake Washington Blvd median island to provide advance warning of the center island, and on the north side of the median island at 86th Ave NE. The new crosswalk marking across Lake Washington Blvd at 88th was installed on November 30th. The flashing pedestrian activated light has been ordered but has not been delivered yet. The PSE street light is expected to be delivered and installed by PSE this month. Small Works Roster was used to solicit bids to complete the missing sidewalk section at 86th Ave NE. The low bidder was Edge Concrete. Clyde Hill has agreed to participate by contributing $2,547 to the project to install an ADA ramp at the north end of the new sidewalk. The work will be coordinated with Puget Sound Energy's removal of the utility box and installation of underground utility vaults in the new sidewalk area. 2. City streets were swept and most of the leaves removed from the streets and sidewalks. Removal of the Poplar Trees along 84th at St Thomas Church begins on December 5th and will take three days. 3. The City Manager and Public Works Director met with Mitch Wasserman and Craig Olson of Clyde Hill and Andrew Merges of KPG to outline design criteria for the 84th Corridor project. Issues raised during the public open house were discussed and where applicable were incorporated into the design criteria. Reduction of the median width to 11 feet, increasing traffic lanes to 11 foot widths, maintaining 6 foot wide bicycle lanes on each side of the street, a mid- block depressed median curb and concrete textured area for emergency pull- out/turnaround area, adding asphalt width beyond the traffic lane on the Medina side of the roadway at the 12th Street and 24th Street intersections for pedestrian pathway, designing the project for 35 mph posted speed limit, and waiting area accommodation for bus stops at 20th Street. 90% design plans are expected in mid-January for staff review. 1 ITEM RA-4 4. The urban design consultants for WSDOT developed a concept plan for the stairs and seating area at Fairweather Park where the Regional Trail and the Evergreen lid match to the Park. This concept will be shared with the Park Board at their next meeting on January 23rd. r U n '/la ` r l •. g ,,,„ 4 Afir ; II . r r' r e. 1 4U z Ci Iltt" N i 4jft ? ni 1,fii cif f;in,i rl it i';'4': ?, ' 9 J ty 114 9. b 4 1 i ; 4 .;;;q , t r( k.. i/I///i 1 yI7"." U''%f 11 nIj' t 1t - t, YQ / 311141: 1! T1 1 , 1 ar. 31104,, #Ny , ti 15 4 v i,n I. '. iL ii441, ``r CR'c4 i 's ;j j/ ii e r p t 1 <( wa 1 2 ITEM RA-4 1 "1 'all I. 11....--;-11111.1617 111111 iumm ___,___110...._ 11111r"---- 411111=mi 4 am_hui _, ..assira.a:-....., iimellilif S 7.- ----- - --------ir"'"•.7" -•-110.111ift 'SNI`S, * I§ 4\ Aviv 5. The 84th freeway westbound on-ramp to SR 520 will continue to be closed after 11 PM until 5 AM each day through next week. Reminder: get your SR 520 GOOD TO GO" freeway pass. Tolling starts this month. 3 ITEM CA-1 DRAFT MEDINA CITY COUNCIL REGULAR MEETING MINUTES Medina City Hall, Council Chambers 501 Evergreen Point Road, Medina Monday, November 14, 2011; 6:30 pm CALL TO ORDER Mayor Bret Jordan called the November 14, 2011 Regular Meeting of the Medina City Council to order at 6:31 pm. ROLL CALL Council Members Present: Patrick Boyd, Doug Dicharry, Bret Jordan, Katie Phelps, Janie Lee, Mark Nelson, and Shawn Whitney City Staff Present: Donna Hanson, City Manager; Bruce Disend, City Attorney, Kenyon Disend; Mark Thomas, Police Chief; Robert Grumbach, Development Services Director; Joe Willis, Public Works Director; Nancy, Adams, Finance Director; and Rachel Baker, City Clerk Mayor led members of the audience, council members, and City staff in the Pledge of Allegiance. OATH OF OFFICE City clerk delivered ceremonial oath of office to Police Chief Mark Thomas. City manager thanked Lieutenant Yourkoski for his service as Acting Chief over the past ten months. APPROVAL OF MEETING AGENDA MOTION PHELPS AND SECOND DICHARRY TO ADOPT AGENDA AS PRESENTED AND MOTION CARRIED 7-0 AT 6:35 PM. PUBLIC COMMENT Mayor read public comment period guidelines and opened floor to comment at 6:35pm. Medina resident Connie Gerlitz thanked council members for their efforts, and recognized outgoing council member Shawn Whitney during her last meeting and to Bret Jordan and Mark Nelson in advance of their meeting in December. Medina resident Miles Adam congratulated the police department and thanked Acting Chief Yourkoski for outstanding performance. He stated he would like to register his disappointment in council's fiscal responsibility with the proposed budget. Medina resident Kay Koelemay expressed the council should not embark on the proposed 84 Avenue Northeast improvement project, claiming unless trees are evergreen the fallen ITEM CA-1 DRAFT autumn leaves would be messy and dangerous to traffic, there would be no shoulder for emergencies and the money could be better spent on something other than aesthetics, such as the Evergreen Point Road sidewalks. Medina resident Anne-Marie Ryan complained about removal of right-hand parking lane and three traffic control signs installed as a part of the Northeast 12 Street improvement project. She requested street lighting, painting the island curbing, and relocating signs. Medina resident Heija Nunn thanked outgoing council member Shawn Whitney for her service and contributions while serving on the Medina City Council. Mayor closed public comment period at 6:49 pm. REPORTS AND ANNOUNCEMENTS Council member Nelson spoke about State Route 520 open house tentatively planned for December council meeting. Planning commission chair Judie O'Brien asked if council had any questions about planning commission memo regarding its concerns related to the 84 Avenue Northeast improvement project. Mayor noted council has expressed similar concerns. Emergency committee chair Kay Koelemay reported the committee would be meeting November 16 at 7:00 pm at City Hall. City manager noted Good to Go! Passes would be sold at City Hall November 15 and December 2. Police chief summarized recent crime activity, stated a firewall was repaired to ensure timely delivery of future Edens, and responded to questions from audience and council members. City Council Minutes November 14, 2011 Page 2 ITEM CA-1 DRAFT CONSENT AGENDA MOTION NELSON AND SECOND DICHARRY TO ADOPT CONSENT AGENDA AND MOTION CARRIED 7-0 AT 7:04 PM. Approval of October 10, 2011 City Council Regular Meeting Minutes Approval of October 24, 2011 City Council Special Meeting Minutes Approval of October, 2011 Check Register Claim check numbers 52170 through 52282 in the amount of$311,665.19, payroll check numbers 3329 through 3340 in the amount of$213,434.16, voided AP check number 52172(wrong vendor number used) Adoption of Ordinance Amending 2011 Annual Budget (Amendment C) Approval of Revised Fee Schedule and Resolution Adopting Fee Schedule Approval of Resolution Adopting GASB 54 Approval of Interlocal Agreement for Jail Services with King County Approval of Fire Services Agreement with City of Bellevue Receipt of Approved July 18, 2011 Park Board Meeting Minutes Receipt of Approved July 20, 2011 Emergency Committee Meeting Minutes Receipt of Approved September 28, 2011 Planning Commission Meeting Minutes Approval of Resolution to Adopt NORCOM 2012 Annual Budget PUBLIC HEARINGS 2012 Annual Property Tax Levy (7:04 pm) Finance director summarized item and mayor opened public hearing to comment at 7:06 pm. No comment was presented and the hearing was subsequently closed. 2012 Preliminary Annual Budget (7:08 pm) Finance director summarized budget listing key points from previous meeting. Mayor opened floor to public comment at 7:12 pm. Connie Gertliz inquired if funding for the 84 Avenue Northeast improvement project was included in the budget. Council responded affirmatively. Heija Nunn asked if any revenue projections changed. Finance director pointed out funding changes. Judie O'Brien questioned whether salary increases were included in the budget and how property tax revenues could increase when property values have depreciated. Finance director responded. Mayor closed public hearing at 7:18 pm. City Council Minutes November 14, 2011 Page 3 ITEM CA-1 DRAFT OTHER BUSINESS Property Tax Levy Resolution Adopting of 2012 Property Tax Levy (707 pm) MOTION DICHARRY AND SECOND NELSON TO APPROVE RESOLUTION ADOPTING THE 2012 PROPERTY TAX LEVY FOR THE CITY OF MEDINA SETTING FORTH THE ESTIMATED LEVY AMOUNT. MOTION CARRIED 7-0 AT 7:07 PM. Adoption of 2012 Franchise Fee Ordinance (7::18 pm) Finance director introduced ordinance. Development services director described franchise fee agreement with the city of Bellevue. Council discussion followed. MOTION PHELPS AND SECOND DICHARRY TO ADOPT AN ORDINANCE AMENDING SECTION 5.06.020 OF THE MEDINA MUNICIPAL CODE TO REPEAL THE LIMITATION TO CHANGE THE THREE PERCENT FRANCHISE FEE TO ZERO ON JANUARY 31, 2012. MOTION CARRIED 6-1 (WHITNEY OPPOSED) AT 7:25 PM. Adoption of 2012 Utility Tax Ordinance (725 pm) Finance director introduced ordinance. Council comments provided. MOTION NELSON AND SECOND BOYD TO ADOPT AN ORDINANCE AMENDING SECTION 5.06.020 OF THE MEDINA MUNICIPAL CODE TO EXTEND THE THREE PERCENT UTILITY TAX RATE CHANGE FROM THREE PERCENT TO ZERO WITH A NEW EXPIRATION DATE OF JANUARY 31, 2013. MOTION CARRIED 6-1 (WHITNEY OPPOSED) AT 7:28 PM. Budget Ordinance Adopting 2012 Annual Budget and 2012 Salary Schedule (7:29 pm) Council members took an opportunity to comment. MOTION NELSON AND SECOND DICHARRY TO APPROVE ORDINANCE ADOPTING THE 2012 BUDGET FOR THE CITY OF MEDINA SETTING FORTH THE SUMMARY OF ESTIMATED REVENUES AND EXPENDITURES FOR EACH FUND AND THE 2012 SALARY SCHEDULE. MOTION CARRIED 5-2 (LEE AND WHITNEY OPPOSED) AT 7:41 PM. Authorize Design for 84 Avenue Northeast Improvement Protect (7:42 pm) Public works director summarized project status and council discussion followed. COUNCIL MEMBER BOYD AMENDED MOTION TO AUTHORIZE KPG TO PROCEED WITH DESIGN THROUGH THE BID PHASE WITH GOAL OF COMPLETING BID PHASE IN EARLY 2012 AND COUNCIL MEMBER NELSON SECONDED AMENDED MOTION. MOTION CARRIED 4-3 (DICHARRY, LEE, WHITNEY OPPOSED) AT 8:15 PM. City Council Minutes November 14, 2011 Page 4 ITEM CA-1 DRAFT Original motion offered by council member Boyd and seconded by council member Nelson was to authorize KPG to proceed with design with goal of going to bid in early 2012. Council member Boyd amended motion to authorize KPG to proceed with design through the bid phase with goal of completing bid phase in early 2012, and council member Nelson seconded amended motion. Mayor conveyed matter will be brought back to council with design cost estimates. Building Permit Application Code Update (8:15 pm) Council member Nelson claimed to possess a potential conflict of interest with matter and recused himself from the discussion at 8:15 pm and returned to the meeting at 8:29 pm. Development services director introduced proposed ordinance and building official was present to respond to questions. Council members agreed to table discussion until December 12. City Council Guidelines (8:28 pm) City attorney provided status on draft guidelines and item was continued to December 12. City Council Agenda Calendar (8:31 pm) Council member Whitney departed meeting at 8:31 pm. Council members discussed hosting an open house for WSDOT prior to the December 12 meeting and to schedule a SR 520 presentation during the regular meeting. Council Member Phelps requested an Eastside Pathways update in next month's city manager report and Mayor Jordan requested 2012 agenda planning calendars in December. PUBLIC COMMENT Mayor opened public comment period at 8:35 pm. Heija Nunn requested an update pertaining to her agenda item requests from October 16. Doug Allen asked for verification whether or not the speed limit would be reduced on 84 Avenue Northeast if a median were installed. Comment period expired at 8:38 pm since no additional comments were presented. City Council Minutes November 14, 2011 Page 5 ITEM CA-1 DRAFT EXECUTIVE SESSION City attorney announced executive session item pursuant to RCW 42.30.110 (1)(i) was not needed and would be stricken. Mayor stated council would take a five minute recess before convening in executive session. At 8:45 pm mayor announced council would enter into executive session for 45 minutes pursuant to RCW 42.30.140(4)(a) related to collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, 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; and pursuant to RCW 42.30.110 (1)(g) to review the performance of a public employee. City council members Jordan, Boyd, Dicharry, Lee, Nelson, and Phelps, and city attorney Bruce Disend were present for entire executive session. City manager Hanson, Police Chief Thomas, city clerk Baker, and special council Cabot Dow were present between 8:45 pm and 9:23 pm. Executive session was extended 24 minutes at 9:30 pm and concluded at 9:54 pm. Council re-entered regular meeting at 9:54 pm ADJOURNMENT MOTION NELSON AND SECOND DICHARRY TO ADJOURN THE NOVEMBER 14, 2011 REGULAR MEETING OF THE MEDINA CITY COUNCIL. MOTION CARRIED 6-0 WHITNEY ABSENT) AT 9:54 PM. The November 14, 2011, Regular Meeting of the Medina City Council adjourned at 9:54 pm. The Medina City Council will hold its next Regular Meeting on Monday December 12, 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 City Council Minutes November 14, 2011 Page 6 t,t of 10144°%ITEM CA-2 4 CITY OF MEDINA December 7, 2011 To: Mayor and City Council From: Nancy Adams, Director of Finance Re: November 2011 Finance Report The November 2011 Financial Reports include: November 2011 Revenue & Expense Summary (includes 2011 Forecast) November 2011 AP Register Activity Detail Revenue: Key Items for 2011 Revenue: General Fund Revenue is forecasted to exceed Budget by$130K. Property Taxes of $2.4M YTD 2011 are on target to meet 2011 Budget. Sales Taxes are forecasted to exceed 2011 Budget by$159K. Utility Tax& Franchise Fee Revenue is $245K as of November 30th. Major Payments are received in April, July, October and January. $245K represents the majority of the Q1-3 Revenue Payments. The 4th Quarter payment will not be made until January 2012. Planning & Development Revenue is forecasted to exceed 2011 Budget by$47K. Intergovernmental Revenue is forecasted to be under budget by ($41 K) for 2011, related to Hunts Point true-up of ($27K) and Kirkland Court variances. Capital Fund Revenue: ($98K) related to King Co. Conservation/Flood Control Revenue has been postponed to 2012. REET Revenue for 2011 will be $119K higher than Budget and KC Prop. Levy funds are coming in at$10K higher than Budget. Net Capital is forecasted to be $31 K higher than Budget for 2011. Expense: Key items for 2011 Expense include: General Fund Expenditures are forecasted to be $188K lower than the 2011 Budget. This is primarily due to vacant positions in the Police Department. City Hall Proiect: 2011 City Hall Expenditures as of 11/30/2011 are: $2,144,200 Total City Hall Project Expenditures from 2009-2011 will be: $2,724,941 Cash & Investments: Cash balances for all funds were $4.961 M as of 11/30/2011. Audit Status: An exit conference was held on December 5, 2011 to discuss the results of the audit. 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J D 0 a v v v v 0ZOOOOO =J f• a a a a — OO 0 0 0 1 2 .5 o In In In 1n In = v E o -0 0 0 00 m m 'c a 0) r N- 1- 1- r 0 Y Y 0) 0 Y L 1".+ L L C C 0 7, N H N o ff c m m 00 Oo OD O O > > a a a a L c = a s a a s ECO>" d a li d a cc N" ) 0 1° 3 i > > 3 3 3 3 3 IV N A M 01 I IA l0 N 00 O 0 O LA g I- O O N N N O O O N AI. c,, 0 /Ny0OoO, W M OO O, O r r co Q O O 113 ZN m 00 CO o g g g 00 N00DD .-I et 00y• N.-N N 0 co N 10 O M M M Of 0 n In 0 8 8 0 O N N Al N 1.11 CO ti IA 0 M a a a N 0 8 01 0 N N Z el- N El tj 1 II .-I 1-I -1 O co N O - .-1 m N aI w w LL m, Medina City Council Regular Meeting ITEM CA-3 Monday, December 12, 2011 AGENDA BILL Memorandum of Understanding with the City of Bellevue Subject: Regarding Utility Taxes Cate or Consent Ordinance Public Hearinggy: City Council Business El Resolution Other—Discussion Prepared By: Bruce Disend, City Attorney Summary: Staff has previously brought to Council's attention the Washington Supreme Court's decision in Lane v. Seattle. In that case, the Court had to decide who would pay for fire flow (hydrants) in the City of Seattle and its suburbs. The City, through Seattle Public Utility, had been paying the cost and passing the cost along to its ratepayers. Certain ratepayers objected to this cost arguing that it was a cost of general government that should be absorbed by Seattle. Seattle responded by saying that, if it had to pay for fireflow out of its General Fund, instead of through utility rates, it wanted suburban water service customers to pay their respective share of fireflow costs. The Court ruled that the charge imposed by Seattle on ratepayers to pay for fireflow was an illegal tax. Consequently, Seattle would have to pay such costs out of its general fund. In light of the Lane decision, Bellevue has transferred the cost of providing fireflow to its general fund. Bellevue is now seeking payment from the cities it provides fireflow to by amending the Bellevue utility tax code. Under the MOU, city's utility customers will become responsible for their respective, proportionate shares of the utility facility costs. The City Councils of all the other cities receiving fireflow from Bellevue have approved the MOU. These cities are: Issaquah, Kirkland and the towns of Hunts Point and Yarrow Point. The attached MOU would establish the same relationship for the City of Medina. Attachment(s): 1. Memorandum of Understanding Budget/Fiscal Impact:Unknown. Authorize City Manager to execute the MOU on Staff Recommendation: beh4 f of the City of Medina City Manager Approval: vtProposedCouncilMotion: ion to authorize City Manager to execute the MOU with the City of Bellevue for payment of fireflow costs ITEM CA-3 MEMORANDUM OF UNDERSTANDING REGARDING UTILITY TAXES BETWEEN THE CITIES OF BELLEVUE,MEDINA, ISSAQUAH, AND KIRKLAND,AND THE TOWNS OF HUNTS POINT AND YARROW POINT This Memorandum of Understanding is made as of the day of 2011 Between the Cities of Bellevue, Medina, Issaquah and Kirkland all municipal corporations, which are located in and existing under the laws of the State of Washington and between the Towns of Hunts Point and Yarrow Point, both municipal corporations located in and existing under the laws of the State of Washington (which governmental entities may be referred to collectively as "Parties"). I. RECITALS WHEREAS, the City of Bellevue Utilities Department (referred to as the "Utility") provides water utility services to residents and ratepayers of the cities of Issaquah, Kirkland, and Medina, and to the Towns of Hunts Point and Yarrow Point. Such utility services include the provision of fire hydrants and fireflow water capacity for the purpose of fire suppression otherwise referred to as "fireflow capacity"); WHEREAS, the Utility has historically included the costs associated with fireflow capacity in water utility rates for customers throughout its water utility service area; and WHEREAS, in October of 2008 the Washington State Supreme Court issued a decision in Lane v. Seattle Public Utilities, 164 Wn.2d 875, 194 P.3d 977 (2008) holding that the provision of fireflow capacity is a governmental function separate from the proprietary functions of a water utility. The Court further held that the costs of providing fireflow capacity must therefore be paid for out of a local government's general fund and that such costs may not be charged directly to water utility ratepayers; and WHEREAS, in compliance with the Court's ruling, the City of Bellevue transferred the costs of providing fireflow capacity charges to its General Fund as a general governmental expense; and WHEREAS, the City of Bellevue, to offset the impact to its General Fund from providing fireflow capacity to water utility customers outside the City limits, requested payment from the Parties for their respective proportionate share of the utility facility costs associated with the Utility's provision of fireflow capacity to each jurisdiction; and WHEREAS, certain Parties to this Memorandum of Understanding have protested the City of Bellevue's request for such a payment for various reasons and have requested that Bellevue amend its Utility Occupation Tax Code to tax the gross receipts from water service ratepayers outside the City limits to cover Bellevue's costs of providing customers outside the Bellevue City limits with fireflow capacity; and WDT929571.DOCX;1/00010.090000/}Memorandum of Understanding—Page 1 ITEM CA-3 WHEREAS, the Parties agree that it is inequitable to require the taxpayers of the City of Bellevue to subsidize the provision of fireflow capacity to utility customers located outside of the city limits of Bellevue; and WHEREAS, the Washington Supreme Court ruled, in Burba v. Vancouver, 113 Wn.2d 800, 783 P.2d 1056 (1989), that a municipality may lawfully impose a tax on revenue generated by a utility from customers served outside the city limits provided a reasonable relationship exists between the event taxed and the benefit conferred; and WHEREAS, the Parties agree that a reasonable relationship exists between the event taxed and the benefit conferred with respect to the Utility's provision of fireflow capacity; and NOW, THEREFORE, the Parties agree as follows: II. PRINCIPALS OF UNDERSTANDING 1. Amendment to Bellevue City Code (BCC). Bellevue shall take all necessary steps, including any required public notice, to amend BCC 4.10.025 ("Utility Occupation Tax") to provide for application of its utility tax rate as measured against the gross proceeds of sales from customers of the utility throughout its entire water service area. 2. Adjustment of Rates or Charges. It is expressly understood and agreed to by the Parties that the Utility may adjust rates or charges for utility customers located throughout the service area in order to offset the increase in Utility Occupation Tax imposed on the Utility occasioned by an amendment to BCC 4.10.025 to allow for collection of utility taxes outside of the City of Bellevue's municipal boundaries, and further that nothing herein shall be deemed to prohibit Bellevue from adjusting rates and charges within its lawful authority to recoup costs incurred by the Utility associated with the Court's ruling in Lane, supra. 3. Agreement to Pay for Costs Associated with Provision of Fireflow Capacity. Should a successful legal challenge be made by any taxpayer, customer or ratepayer relating to Bellevue's authority to amend the scope of its Utility Occupation Tax or relating to the Utility's authority to tax customers located outside of the City of Bellevue's municipal boundaries, or related to any adjustment in rates or charges to offset the increase in the Utility Occupation Tax imposed on the Utility, each of the Parties shall remit payment to the City of Bellevue for its proportionate share of the cost associated with the Utility's provision of fireflow capacity within ninety (90) days of receipt of a request for payment from the City of Bellevue. PROVIDED, however, that the Parties retain the right to challenge the amount of the payment requested by Bellevue and the right of Bellevue to pass the costs of individual elements of fireflow capacity costs on to the Parties. 4. Term and Termination. This Memorandum of Understanding shall remain in effect so long as the provision of fireflow capacity is legally characterized as a governmental function of a WDT929571.DOCX;1/00010.090000/}Memorandum of Understanding—Page 2 ITEM CA-3 water utility or municipality and the costs of that service are required to be paid for out of a local government's general fund. PROVIDED, however, that any Party to this Memorandum of Understanding may choose to opt out by giving at least ninety (90) days written notice to the Utility that it has secured alternative fireflow capacity service. If the Utility chooses to cease provision of fireflow capacity service to any Party, it shall provide at least 365 days written notice to the affected Party. If any other binding Agreement or Contract between the Utility and one or more of the other Parties provides for greater notice of cessation of fireflow capacity service, that longer period shall apply. 5. Modification and Amendment. No modification or amendment of any of the terms or provisions of this Memorandum of Understanding shall be binding upon any Party unless made in writing and signed by all Parties or by a duly authorized representative or agent of such Parties. 6. Severability. In the event that any court shall find any portion of this Memorandum of Understanding unenforceable, the remaining portion shall remain in full force and effect. 7. Governing Law. This Agreement shall be governed in all respects by the law of the State of Washington. 8. Execution in Counterparts. This Memorandum of Understanding may be executed in several counterparts, each of which when so executed shall be deemed an original copy and shall become effective upon all signatures by all Parties upon one or more of such identical counterparts. It is further agreed that a signature page sent by facsimile or by electronic mail shall be deemed to be an original. IN WITNESS WHEREOF, the PARTIES have executed this Memorandum of Understanding as of the day and year first written above. CITY OF BELLEVUE CITY OF KIRKLAND By: By: Title: Title: Date: Date: CITY OF ISSAQUAH CITY OF MEDINA WDT929571.DOCX;1/00010.090000/}Memorandum of Understanding—Page 3 ITEM CA-3 By: By: Title: Title: Date: Date: CITY OF YARROW POINT TOWN OF HUNTS POINT By: By: Title: Title: Date: Date: Approved as to form: Lori Riordan Date City Attorney City of Bellevue Approved as to form: Robin Jenkinson Date City Attorney City of Kirkland Approved as to form: Wayne Tanaka Date City Attorney City of Issaquah Approved as to form: WDT929571.DOCX;1/00010,090000/}Memorandum of Understanding—Page 4 ITEM CA-3 Bruce Disend Date City Attorney City of Medina Approved as to form: Wayne Steward Date Town Attorney Town of Yarrow Point Approved as to form: Mike Kenyon Date Town Attorney Town of Hunts Point WDT929571.DOCX;1/0001O.090000/}Memorandum of Understanding—Page 5 Medina City Council Regular Meeting ITEM CA-4 Monday, December 12, 2011 AGENDA BILL An Ordinance Relating to Requirements for Submission of a Building Sub-ect: Permit A.plication Category: Consent Ordinance Public Hearing City Council Business Resolution Other- Discussion Prepared By: Robert J. Grumbach, Director of Development Services Summary: Building construction projects within Medina are frequently some of the most complex found in the region. This complexity requires various highly specialized professionals to be involved with the project, which may then be managed during design and construction by the project architect. When the more complex projects lack an architect's managerial involvement, the City and the property owner tend to experience greater difficulties including extended permit review times and possible construction delays. At the November 14 council meeting, an ordinance was introduced that in summary would require an architect to stamp drawings on projects for constructing a single-family dwelling with a gross floor area of 4,000 square feet or larger (projects below this threshold can be prepared by a non-licensed designer). The City Council express support conceptually for the change, but requested that the proposed code language be revised to make the amendment clearer. Chapter 18.08 RCW sets forth the requirements for the licensing of architects in Washington state and when a Washington state licensed architect is required. The statute exempts from licensing requirements those projects such as interior design not affecting public health or safety, design work for up to four dwellings regardless of size, and design work on non- residential buildings 4,000 square feet in size or smaller. The City, under its authority to establish submittal requirements for a building permit application, may require construction drawings normally exempt to be prepared by a licensed architect in order to be accepted as part of a complete building permit application. The revised code amendment makes use of the language found in RCW 18.08.410 (where the exemptions are found) in order to more clearly identify that the City's submission requirement is essentially an exception to the state's exemption on licensed architects preparing construction documents. Attachment(s): 1. Proposed Ordinance. Budget/Fiscal Impact: None Staff Recommendation: prove. City Manager Approval: Mo ion to approve an Ordinance adding a new Section Proposed Council Motion: 20.80.085 to the Medina Municipal Code related to the submission of a building permit application ITEM CA-4 1 Ordinance No. 2 3 AN ORDINANCE OF THE CITY OF MEDINA, 4 WASHINGTON, ADDING A NEW SECTION 20.80.085 OF THE 5 MEDINA MUNICIPAL CODE RELATING TO REQUIREMENTS 6 FOR SUBMISSION OF A BUILDING PERMIT APPLICATION 7 8 WHEREAS, pursuant to RCW 19.27.095(2), the requirements for a fully complete 9 building permit application shall be defined by local ordinance; and 10 11 WHEREAS, Section 20.80.080 of the Medina Municipal Code sets forth the minimum 12 submission requirements for project permit applications including building permit 13 applications; and 14 15 WHEREAS, Chapter 2.52 of the Medina Municipal Code requires documents 16 prepared, reviewed or submitted by a professional to be signed and stamped by an architect, 17 landscape architect, surveyor, engineer, or other professional examined and licensed or 18 subject to licensing by the state; and 19 20 WHEREAS, larger single-family construction projects within the City are frequently 21 some of the most complex of any found in our region; and 22 23 WHEREAS, the City wishes to establish a requirement that construction documents 24 on larger single-family construction projects shall be prepared by a licensed architect to 25 ensure integration and collaboration by the various specialized professionals who typically 26 are involved with these complex projects; and 27 28 WHEREAS, the adoption of an ordinance pertaining to procedures relating solely to 29 governmental procedures, and containing no substantive standards respecting use or 30 modification of the environment, is exempt from the State Environmental Policy Act (SEPA) 31 pursuant to WAC 197-11-800(19). 32 33 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO 34 ORDAIN AS FOLLOWS: 35 36 Section 1. A new Section 20.80.085 of the Medina Municipal Code is hereby 37 adopted to read as follows: 38 39 20.80.085 Supplemental submission requirements for building permit applications. 40 41 In addition to the submittal requirements set forth in MMC 20.80.080, the following shall 42 apply to applications for permits prescribed under Chapter 20.40 MMC (Building Codes): 43 A. Construction documents shall be prepared by a professional as set forth in Chapter 2.52 44 MMC; and 45 B. Where a person performs the "practice of architecture" as defined in RCW 18.08.320, the 46 construction documents shall be prepared by a person licensed as prescribed in Chapter 47 18.08 RCW; and 48 C. The requirement for licensing shall not apply to a person meeting any of the conditions 49 set forth in RCW 18.08.410, except a person performing design work including preparing 50 construction contract documents and administration of the construction contract as 51 defined in RCW 18.08.320 for the erection, enlargement, repair, or alteration of a single- 1 of 2 ITEM CA-4 1 family dwelling containing 4,000 gross square feet of floor area or larger shall be licensed 2 as prescribed in Chapter 18.08 RCW. 3 4 Section 2. Severability. If any section, sentence, clause, or phrase of this ordinance 5 should be held to be invalid or unconstitutional by a court of competent jurisdiction, such 6 invalidity or unconstitutionality shall not affect the validity of any other section, sentence, 7 clause, or phrase of this ordinance. 8 9 Section 3. Effective Date. This ordinance shall take effect five (5) days after its 10 publication or the publication of a summary of its intent or contents. 11 12 13 PASSED BY THE CITY COUNCIL ON THIS DAY OF 2011 AND SIGNED IN 14 AUTHENTICATION OF ITS PASSAGE ON THE DAY OF 2011. 15 16 17 18 19 Bret Jordan, Mayor Approved as to form: Attest: Bruce Disend, City Attorney Rachel Baker, City Clerk 20 2 of 2 ITEM CA-5 Packet materials for Item CA-5, Approval of Patrol Officers Collective 2012-2014 Labor Agreement, will be available during Executive Session. Medina City Council Regular Meeting ITEM CA-6 Monday, December 12, 2011 AGENDA BILL Sub'ect: An Ordinance Clari in• Utili Tax Category: El Consent Z Ordinance 0 Public Hearing 0 City Council Business 0 Resolution 0 Other— Discussion Prepared By Robert J. Grumbach, Director of Development Services Summary: The ordinance adds definitions similar to those in the Revised Code of Washington RCW) and clarifies the City's telephone business utility tax code. Attachment(s): 1. Proposed Ordinance Budget/Fiscal Impact: None Staff Recommendation:Aptve. City Manager Approval: otion to approve an Ordinance of the City of Medina relating to utility taxes; amending Chapter 5.04 of the Medina Proposed Council Motion: Municipal Code, adopting new Section adding definitions and clarifying Section 5.04.030 relating to the telephone business tax ITEM CA-6 CITY OF MEDINA, WASHINGTON Ordinance No. AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, RELATING TO UTILITY TAXES; AMENDING CHAPTER 5.04 OF THE MEDINA MUNICIPAL CODE; ADOPTING NEW SECTION ADDING DEFINITIONS AND CLARIFYING SECTION 5.04.030 OF THE MEDINA MUNICIPAL CODE RELATING TO THE TELEPHONE BUSINESS TAX WHEREAS, the City of Medina is classified as a non-charter code city under title 35A RCW; and WHEREAS, RCW 35A.21.160 provides that a code city shall have all of the powers which any city of any class may have; and WHEREAS, RCW 35.22.280(32) authorizes any city of the first class "[t]o grant licenses for any lawful purpose, to fix by ordinance the amount to be paid therefore, and to provide for revoking the same . . . ."; and WHEREAS, the Washington Supreme Court in Fleetwood v. Read, 21 Wash. 547, 552-553 (1899) and subsequent decisions has interpreted this language as authorizing licenses for revenue purposes as well as regulation; and WHEREAS, pursuant to the above authority, code cities are authorized to impose taxes upon gross revenues earned by utility and service providers within their jurisdictional boundaries, and WHEREAS, the City has enacted a utility tax upon gross revenues from telephone business exchange services; and WHEREAS, the City desires to update and clarify its telephone business utility tax; and WHEREAS, the adoption of an ordinance pertaining to enforcement relates solely to governmental procedures and contains no substantive standards respecting use or modification of the environment and is therefore exempt from the requirements of the State Environmental Policy Act pursuant to WAC 197-11-800(19). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. Adoption of Section 5.04.025. A new Section 5.04.025 of the Medina Municipal Code is adopted to read as follows: 1 of 4 ITEM CA-6 5.04.025 Definitions. In construing the provisions of this chapter, the following definitions shall be applied. Words in the singular number shall include the plural, and the plural shall include the singular. Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, co-partnership, joint venture, club company, join stock company, business trust, municipal corporation, political subdivision of the State of Washington, corporation, limited liability company, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit, or otherwise and the United States or any instrumentality thereof. Total gross income" means the value proceeding or accruing from the performance of the particular public service or transportation business involved, including operations incidental thereto, but without any deduction on account of the cost of the commodity furnished or sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. Telephone business" means the business of providing by any person of access to a telephone network, telephone network switching service, toll service, or coin telephone services, or the providing of telephonic, video, data, or similar communication or transmission for hire, via a telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. This includes the provision of transmission to and from the site of an internet provider via a telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. It does not include the providing of competitive telephone service, the providing of cable television service, the providing of broadcast services by radio or television stations, nor the provision of internet access as defined in RCW 82.04.297, including the reception of dial-in connection, provided at the site of the internet service provider. Section 2. Amendment of Section 5.04.030. Section 5.04.030 of the Medina Municipal Code is hereby amended to read as follows: From and after 12.01 a.m. on January 8, 2011, there is levied upon and there shall be collected from every person engaged in carrying on the following business for hire or for sale of a commodity or a service within or partly within the corporate limits of the city the tax for the privilege of so doing business as hereinafter defined. A. Upon every person engaging in or carrying on ((acry)) telephone business there shall be levied a tax equal to three percent of the total gross ((_ _ e—_ revenues)) income derived from the operation of such ((from business and residence telephone service (excluding message units) from)) business in the city. In computing the tax imposed under this subsection there shall be deducted from total gross income the amounts derived from transaction in interstate or foreign commerce and any 2 of 4 ITEM CA-6 amounts upon which the city is prohibited from imposing such tax under the Constitution or laws of the United States or the Constitution or laws of the State of Washington. B. Upon every person, firm or corporation engaged alone or in conjunction with another in the business of selling or leasing telephone or telegraph or related communication equipment at retail or to or for the public and thereafter installing, maintaining or repairing the same, a fee equal to three (3) percent of the total gross income from such business in the city; provided further, that this fee or tax shall not be imposed on any business otherwise subject to fee or tax under this chapter nor on the business of selling or installing telephone or telegraph or related communication equipment to telephone or telegraph companies taxed under this chapter. C. There is levied a tax on the sale, delivery or distribution of electricity or electrical energy and for the privilege of carrying on said business, such tax to be equal to three (3) percent of the total gross revenue derived from sales of such electricity to ultimate users within the city; provided, however, that there shall not be any tax levied for the installation charges of electrical units. D. There is levied a tax on the sale, delivery, distribution or furnishing of natural gas for domestic, business or industrial consumption and for the privilege of carrying on said business, such tax to be equal to three (3) percent of the total gross income from such business in the city; provided, however, that there shall not be any tax levied for installation charges of gas energy units. E. There is levied a tax on the business of solid waste collection, transportation, or disposal and for the privilege of carrying on said business, such tax to be equal to three (3) percent of the total gross revenue derived from solid waste collection, transportation, or disposal within the city. F. There is levied upon and there shall be collected from every person engaged in the business of providing cable television service for a monetary consideration, within or partly within the corporate limits of the city, an annual tax for the privilege of so doing, such tax to be equal to three (3) percent of the total gross income derived from subscribers' revenues from such cable television service provided in the city. Cable television services" means the one-way transmission of video programming and associated nonvideo signals to subscribers together with subscriber interaction, if any, which is provided in connection with video programming. G. Leasehold Excise Tax. Pursuant to the authorization of RCW 82.29A.040, from and after 12.01 a.m. on January 8, 2011, there is hereby imposed a leasehold excise tax on the act or privilege of occupying or using publicly owned real or personal property within the city, through a "leasehold interest" as defined in RCW 82.29A.020. The tax shall be paid, collected, and remitted to the Washington State Department of Revenue at the time and in the manner prescribed in RCW 82.29A.050, as it now exists or may hereafter be amended. The rate of the leasehold excise tax imposed shall be four (4) percent of the taxable rent, as defined in RCW 82.29A.020(2) as it now exists or may 3 of 4 ITEM CA-6 hereafter be amended; provided that the credits specified in RCW 82.29A.120, as it now exists or may hereafter be amended, shall be allowed in determining the tax payable. Leasehold interests exempted by RCW 82.29A, as it now exists or may hereafter be amended, shall be exempt from the leasehold excise tax imposed pursuant to this section. The annual tax rate of three percent of the total gross income shall be reduced to zero on January 31, 2013. Section 2. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this ordinance. Section 3. Effective date. This ordinance shall take effect sixty (60) days after its publication or the publication of a summary of its intent and contents. ENACTED BY THE CITY COUNCIL ON THIS DAY OF DECEMBER, 2011 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF DECEMBER, 2011. Bret Jordan, Mayor Approved as to form: Attest: Bruce Disend, City Attorney Rachel Baker, City Clerk 4 of 4 ITEM CA-7 CITY OF MEDINA Emergency Preparedness Committee Meeting Minutes September 21, 2011 Medina City Hall Chambers7:00 p.m. 501 Evergreen Point Road, Medina, WA CALL TO ORDER Chair Dr. Kay Koelemay called the Emergency Preparedness Committee Meeting to order at7:01 pm. ROLL CALL Commiftee: Chair Kay Koelemay Volunteers: Doug Dicharry, Chris Gulacsik, Roger Ngouenet, Gary Sultan Staff Present: Emergency Preparedness Coordinator Kris Finnigan APPROVAL OF MINUTES MEETING MINUTES OF JULY 20, 2011 WERE APPROVED AS WRITTEN. Report on San Diego Power Outage Volunteer Sultan reported on his experiences as a visitor to San Diego, during the recentpower-outage there. He said that there were many lessons learned from the event. He encouraged those who might be in such a situation to delay passing information to otherswithoutfirstconfirmingitsvalidity. He stressed the psychological effect of a disaster andreportedthathehadgainedanewrespectforthisaspectofanemergency. Sultan suggested that those who may find themselves out on darkened streets display someformoflightingandhesuggestedthatglowsticksworkwellinthatsituation. Medical Koelemay reported on the pediatric emergency preparedness event held recently at ValleyMedicalCenter. The highlighted speaker had been a volunteer at the Astrodome in NewOrleans, during Hurricane Katrina, She reported that communications are the critical pieceduringdisaster, Medina Police Chief Dicharry announced that Mark Thomas will be Medina's new Chief of Police, beginning workonOctober17th. He reported that Thomas has been with the Washington State Patrol for 26yearsandtheWSPHomelandSecurityDivisionCommanderforthelastfiveyears, withresponsibilitiesthatincludesecurityandlawenforcementservicesforWashingtonStateFerries, Interagency Bomb Squad, WSP Canine Unit and emergency management functionswithintheStatePatrol. ITEM CA-7 Communications Dicharry updated the group on the Emergency Operations Center(EOC)equipment and usage. He explained that the antennas were up and that there was cabinet space for HAM radio equipment set aside in the council chambers which will serve as the city EOC. Discussion followed relative to use of 2011 Emergency Management Performance Grant EMPG) monies for communications equipment. Dicharry said that he would discuss possibilities with the new Police Chief, soon after he arrives in Medina. Just in Time Training" of communications equipment was discussed. The decision was made to establish and post protocol appropriately. Volunteer Gulacsik suggested having frequency plan posted and that contact with others be the first priority. Volunteer Ngouenet expressed interest in obtaining a HAM radio operator license and options for doing so were discussed. Koelemay said that the hope is that concentration on neighborhood radios will expand to plans for"Map Your Neighborhood"Program. Dicharry reported that radio nets were going to change to one time per month, with rotating days. Meeting Schedule The next Medina Emergency Committee Meeting was scheduled for Wednesday, November 16, 2011. The meeting adjourned at 8:15 p.m. Minutes taken by: ii ris Finnigan Emergency Preparedness Coordinator 2 ITEM CA-8 CITY OF MEDINA Park Board Meeting Minutes October 17, 2011 Council Chambers Medina City Hall CALL TO ORDER Vice-Chair called the October 17, 2011 Park Board meeting to order at 6:06 pm. ROLL CALL Present: Gabriele Dickmann, Marelaine Dykes, Susan Flagg, Matt Kochel, Ross Mickel, Laura Weingaertner Absent: Susan Loren-Taylor Staff Present: Joe Willis, Director of Public Works Pamela Greytak, Admin. Assistant ANNOUNCEMENTS No announcements. MINUTES MOTION FLAGG AND SECOND WEINGAERTNER TO APPROVE THE JULY 18, 2011 PARK BOARD MINUTES AS WRITTEN. MOTION PASSED 6-0. (6:07 pm) PUBLIC COMMENT No Public Comment. PARK REPORTS Medina Park (6:07 pm) Dykes reported that wood is peeling off the seesaw in Medina Park. She asked about the possibility of sanding it down to prevent splinters. Kochel noted that the circular slide in Medina Park is broken. Weingaertner stated that the dog watering bowl in Medina Park is not draining. Willis took note of the broken items and confirmed that parts to repair the slide had been ordered but not yet received. Medina Beach Park (6:09 pm) Weingaertner voiced concern over the new stairs off the back of city hall. She stated that the stairs were not part of the original building plans and they encroach into Medina Beach Park. Weingaertner reported instances last summer when lifeguards were needed but were not on duty due to inclement weather earlier in the day. She voiced concern over lifeguards' employment ending two weeks prior to Bellevue schools beginning their academic year. Weingaertner suggested hiring lifeguards whose availability extends through the end of August. Kochel recommended that staff notify residents via email Park Board Minutes Page 1 October 17, 2011 ITEM CA-8 when lifeguards are unexpectedly off-duty. Weingaertner suggested that lifeguard duty status be available on the City's website. City Manager Hanson stated that she understood the need to try to fulfill resident's expectations regarding lifeguards availability. Hanson spoke about the balancing act that is required when coordinating lifeguards' school schedules with the City's needs. She also said she liked the idea of posting lifeguards' status on the City's website. Fairweather Preserve (6:16 pm) Flagg reported that several families were recently gathered at Fairweather Nature Preserve photographing and observing the progress of the SR-520 construction. Lake Lane (6:17 pm) Willis confirmed that a bollard would be replaced and that trash would be picked up at Lake Lane Park. NEW BUSINESS 84th Avenue NE Improvements Discussion (6:18 pm) Willis reported that the City would be responsible for approximately $275,000 of the costs related to the design, overlay, and medians for the 84th Avenue NE project. Willis explained that grant dollars of$462,000 would be shared by the City of Medina and the City of Clyde Hill, and the total project cost would be approximately$1,000,000. Willis confirmed that the proposed median design includes a 5' wide bike lane and that no sidewalks are planned for the west side of the street. He also explained that Medina and Clyde Hill would share maintenance responsibilities for the proposed medians. Willis, Hanson, and Council members Nelson and Boyd spoke about the 84th Avenue NE improvements and responded to board members' inquiries. Board members discussed median maintenance costs; bicyclists and runners safety; automobile speed; bus stop; left turn lane; tree height in medians; and median design. Medina resident, Alex Morcos discussed his concerns over the decreased bike lane width if medians were installed on 84th Avenue NE. He concluded that he was against installing the medians. Medina resident, Bruce Hand stated that Willis and Hanson assured him that 84th Avenue NE medians would be paid for with real estate excise taxes and gas taxes, and would not be financed by debt. He established that he would be in favor of the project. MOTION KOCHEL AND SECOND WEINGAERTNER TO RECOMMEND THAT THE CITY COUNCIL MOVE FORWARD WITH MEDIAN PLAN ON 84th AVENUE NE. MOTION PASSED 4 to 2. FLAGG AND DYKES OPPOSED. (6:51 pm) Medina Gateway Sign (6:52 pm) After discussing and reviewing photographs of several signs located in Medina, board members determined their preference for stone or rock signage and requested an opportunity to consider the final design options. Park Board Minutes Page 2 October 17, 2011 ITEM CA-8 City Manager Hanson thanked the board for their input and explained that once conceptual designs are available the board would be provided with updated options. Parks Comprehensive Plan Update (7:05 pm) Board members agreed they would read the revised draft Comprehensive Plan and provide Willis with comments and edits in time for the November meeting. MOTION MICKEL AND SECOND FLAGG TO EXTEND MEETING 17 MINUTES. MOTION PASSED 6-0. (7:06 PM) Bicycle Rack Donation (7:07 pm) Board members expressed appreciation for the memorial bicycle rack donation and recommended that it be placed near the NE 12th Street tennis courts in Medina Park. ADJOURNMENT MOTION DYKES AND SECOND WEINGAERTNER TO ADJOURN OCTOBER 17, 2011 PARK BOARD MEETING. MOTION PASSED 6-0. (7:14 PM) The next Park Board meeting will be held Monday, November 21, 2011 at 6:00 pm. Minutes taken by: Pamela Greytak, CMC Administrative Assistant Park Board Minutes Page 3 October 17, 2011 Medina City Council Regular Meeting ITEM OB-1 Monday, December 12, 2011 AGENDA BILL Subject: Acceptance of City Hall Expansion and Renovation Project Category: El Consent Ordinance Public Hearingg City Council Business Resolution Other— Discussion Prepared By: Joe Willis, Sr., Public Works Director, and David Clark, Project Manager Summary: The City Council authorized the City Hall construction project in September of 2010 with award of the contract to Par-Tech Construction. Work commenced in November and extended through July of 2011 when substantial completion was achieved and City staff moved into the building. Site work and punch list work has extended into December with site irrigation restoration work remaining to be completed. The original ferry terminal building constructed in 1913 and turned into Medina City Hall in 1955 with less than 6000 square feet of floor area was renovated and expanded to 9,754 square feet and furnished at a total cost of $2,724,941. This total cost includes architectural design, permits and inspections, construction costs, construction management, temporary City Hall, furniture, CCTV, and building alarm systems. David Clark Architects served as the Owner's representative for the City Hall Project. David worked diligently to resolve design issues and problems, and without his oversight and expertise, the project most certainly would not have been as successful. A number of issues arose early in the project, such as, discovery of existing building framing deficiencies, contaminated soil, moisture problems along the existing concrete retaining wall fronting on the parking area. All of these items together with others as they were discovered required additional work and added cost. Each problem as it was encountered was addressed, communicated to the Council Facilities Committee and Council, and thanks to the financial commitment of the entire Council were resolved. The end result of years of planning is an expanded and renovated City Hall that is safe and code compliant. This building will support public safety and administrative services for many years to come. The staff and council are proud of the, planning,design, and final project. Attachment(s): 1. None. Budget/Fiscal Impact: Total Project Cost: $2,724,941 Accept City Hall Expansion and Renovation Project Staff Recommendation: r cf Authorize Staff to Close Out the Project. City Manager Approval: lotion to accept the City Hall Expansion and Proposed Council Motion: Renovation Project and authorize staff to close out project. DAVID A. CLARK ARCHITECTS, PLLC Medina City Hall 12-Dec-11 Project Capital Budget 2009 Budget 63,667 2010 Budget 2,529,050 2011 Budget 132,224 Project Expenditures Professional Services 219,287 Permits& Special Inspections 86,196 Construction Costs 2,055,589 Construction Manager 111,318 Temporary City Hall 163,493 Furniture 58,232 CCTV System 28,479 Irritation 2,347 Construction cost Construction Cost(not including tax) 1,877,251 Square footage of city hall 9,754 SF DavidA. ClarkArchitects,PLLC Final Project Summary 120711 12/7/2011 Medina City Council Regular Meeting ITEM OB-4 Monday, December 12, 2011 AGENDA BILL Sub'ect: An Ordinance relatin• to Fire A. •aratus Access Road Re.uirements Cate or Consent Ordinancegy; 121 Public Hearing El City Council Business El Resolution Other— Discussion Prepared By: Robert J. Grumbach, Director of Development Services When the State Building Code Council adopted the most recent Washington State Building Code, they amended Section 503 of the International Fire Code to allow local governments to establish fire apparatus access road requirements that were tailored to fit local conditions. The outcome is local jurisdictions must adopt their own standards if they wish to have authority for this fire protection measure. The City of Medina contracts with the City of Bellevue for fire protective services. It benefits the community to have consistency, where plausible, between the jurisdictions so that the fire department is not managing multiple fire code standards. The proposed ordinance incorporates consistency by matching most of the technical aspects of the Bellevue fire code. The primary differences are authority for the Medina Building Official to be involved in some of the decision-making, and the design of emergency vehicle turnarounds (the City has its design standards in Chapter 17.72 of the Zoning Code and will update these during the comprehensive zoning code update). The ordinance also amends Section 17.72.090 of the Zoning Code to update the language for better consistency with the International Fire Code. Attachment(s): 1. Proposed Ordinance Budget/Fiscal Impact: None Staff Recommendation: Rcove. City Manager Approval: otion to approve an Ordinance of the Medina Municipal Code amending Section 503 of the Proposed Council Motion: International Fire Code and Section 17.72.090 of the Medina Municipal Code relating to fire apparatus access road standards. ITEM OB-4 1 Ordinance No. 2 3 AN ORDINANCE OF THE CITY OF MEDINA, 4 WASHINGTON, AMENDING SECTION 503 OF THE 5 INTERNATIONAL FIRE CODE AND SECTION 17.72.090 OF 6 THE MEDINA MUNICIPAL CODE RELATING 7 TO FIRE APPARATUS ACCESS ROAD STANDARDS 8 9 WHEREAS, RCW 19.27.031 expressly requires the City of Medina to adopt state fire 10 codes; and 11 12 WHEREAS, the City Council adopted Ordinance 852 on June 14, 2010, adopting the 13 2009 updates of the State Building Code including the 2009 International Fire Code as 14 amended by the State Building Code Council; and 15 16 WHEREAS, Subsections 503.1, of the 2009 International Fire Code pertaining to fire 17 apparatus access roads states: "Fire apparatus access roads shall be provided and 18 maintained in accordance with locally adopted street, road, and access standards; and 19 20 WHEREAS, Subsections 503.1.1, 503.1.2, 503.1.3, 503.2, 503.3 and 503.4 of the 21 2009 International Fire Code were not adopted as part of the State Building Code; and 22 23 WHEREAS, the City of Medina contracts with the City of Bellevue for fire protection, 24 emergency medical, emergency management, and fire prevention services; and 25 26 WHEREAS, the City of Bellevue has adopted fire apparatus access provisions; and 27 28 WHEREAS, it is in the public interest to have greater uniformity between the City of 29 Medina and the City of Bellevue relating to fire apparatus access requirements; and 30 31 WHEREAS, the adoption of an ordinance pertaining to building codes is exempt from 32 the State Environmental Policy Act (SEPA) pursuant to WAC 197-11-800(20). 33 34 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO 35 ORDAIN AS FOLLOWS: 36 37 Section 1. Section 17.72.090 of the Medina Municipal Code is hereby amended to 38 read as follows: 39 40 All residences constructed on private lanes must comply with the International Fire Code as 41 adopted in chapter 20.40 MMC ((Uniform Fire Code as currently in force in the city and at) 42 may hereafter be amended)). Where compliance with the minimum requirements of this 43 chapter for the width of easement and paved services will not result in compliance with the 44 Uniform International Fire Code fire apparatus access requirements, ((and)) additional or 45 alternative fire safety features, such as sprinkling, may be required. ((No private Janos have 46 a grade in excess of 15 percent shall be deemed to meet the requirements of the Uniform 47 Fire Code.)) 48 49 1 of 5 ITEM OB-4 1 Section 2. A new Section 20.40.125 of the Medina Municipal Code is hereby 2 adopted to read as follows: 3 4 20.40.125 Fire Apparatus Access Road —Section 503 amended. 5 6 Section 503 of the International Fire Code is hereby amended to read as follows: 7 8 503.1 Where required. Fire apparatus access roads shall be provided and maintained in 9 accordance with Chapters 12.08 and 17.72 MMC. Road structure shall be designed for a 10 live load sufficient to carry the imposed loads of fire apparatus. 11 12 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be 13 provided for every facility, building or portion of a building hereafter constructed or moved 14 into or within the jurisdiction. The fire apparatus road shall comply with the requirements 15 of this section and shall extend to within 150 feet of all portions of the exterior walls of the 16 first story of the building as measured by an approved route around the exterior of the 17 building or facility. 18 19 Exception: The fire code official is authorized to increase the distance up to 200 feet 20 where: 21 1. The building is equipped throughout with an approved automatic sprinkler system 22 installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the 23 International Fire Code. 24 2. Fire apparatus access roads cannot be installed because of location on property, 25 topography, waterways, nonnegotiable grades or other similar conditions, and an 26 alternate means of fire protection and building or structure access is provided as 27 approved by the fire code official or the building official. 28 3. There are not more than two Group R-3 occupancies. 29 503.1.2 Additional Access. The fire code official or the building official is authorized to 30 require more than one fire apparatus road based on the potential for impairment of a 31 single road by vehicle congestion, condition of terrain, climatic conditions or other factors 32 that could limit access. 33 34 503.1.3 High-piled storage. Fire department vehicle access to buildings used for high- 35 piled storage shall comply with the applicable provisions of Chapter 23, International Fire 36 Code. 37 38 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in 39 accordance with this Section, and in accordance within Chapters 12.08 and 17.72 MMC. 40 41 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of 42 not less than 20 feet, exclusive of shoulders. The minimum vertical clearance shall be 43 not less than 13 feet 6 inches. 44 45 Exceptions: Access roads serving not more than two Group R-3 or U occupancies shall 46 have an unobstructed width of not less than 16 feet. 47 2 of 5 ITEM OB-4 1 503.2.2 Authority. The fire code official or the building official shall have the authority to 2 require an increase in the minimum access widths where they are inadequate for fire or 3 rescue operations. 4 5 503.2.3 Surface. Fire apparatus roads shall be surfaced and maintained to provide all 6 weather and non-slip driving capabilities. Surface materials shall be asphalt, concrete or 7 other material approved by the fire code official and the Medina City Engineer. 8 9 503.2.4 Turning radius. The turning radius of a fire apparatus access road shall be 28 10 feet minimum inside curb and 48 feet minimum outside curb. 11 12 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet in 13 length shall be provided with an area for turning around fire apparatus as approved by 14 the fire code official, and in accordance with Chapter 17.72 MMC. 15 16 Exception: The fire code official is authorized to increase the length up to 300 feet for 17 driveways serving only one Group R-3 occupancy. 18 19 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part 20 of a fire apparatus road, the bridge shall be constructed and maintained in accordance 21 with the Chapter 12.08 MMC. Bridges and elevated surfaces shall be designed for a live 22 load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits are to be 23 posted at all entrances to bridges when required by the fire code official. Posted signs are 24 to be in accordance with Chapter 17.80 MMC. Where elevated surfaces designed for 25 emergency vehicle use are adjacent to surfaces which are not designed for such use, 26 approved barriers, approved signs or both shall be installed and maintained when 27 required by the fire code official. 28 29 503.2.7 Grade. The grade of the fire apparatus access road, including private and public 30 roads and driveways shall be in accordance with Chapters 12.08 and 17.72 MMC, and 31 the following: 32 1. The grade of access on properties that have structures that have non-automatic 33 sprinklers shall not exceed 12 percent longitudinally, and 5 percent laterally. 34 2. The grade of access on properties that have structures that have automatic sprinklers 35 shall not exceed 15 percent longitudinally, and 5 percent laterally. 36 3. All grades of access in excess of 15 percent longitudinally require fire code official 37 approval. Grades in excess of 5 percent laterally are not permitted. 38 4. Grades of fire apparatus access roads for all properties which are in excess of 15 39 percent longitudinally shall have additional fire department access improvements 40 installed and maintained as approved by the fire code official and building official 41 including all-weather walking surfaces constructed in accordance with Chapter 10 of 42 the International Building Code. 43 44 503.2.8 Angles of approach and departure. The angles of approach and departure for 45 fire apparatus access roads shall be in accordance with the Chapters 12.08 and 17.72 46 MMC, and within the limits established by the fire code official based upon the fire 47 department's apparatus. 48 49 3 of 5 ITEM OB-4 1 503.3 Marking. Where required by the fire code official fire apparatus access roads shall be 2 marked as follows: 3 1. FIRE LANE — NO PARKING Signs shall be mounted a minimum of 60 inches above 4 grade (80 inches if adjacent to a pedestrian pathway). Signs must be type "R8-31" or 5 equivalent reflective sign no less than 12 inches by 18 inches in size, with a white 6 background and the working "No Parking Fire Lane" in red letters. When in a straight line 7 of sight, these signs shall be no further than 150 feet apart. This distance may be 8 reduced when curves, corners or other adverse sighting conditions restrict the line of 9 sight. 10 2. Designated fire department access roads ("Fire Lanes") shall be painted red. This shall 11 include both vertical and horizontal portions of the curb. Minimum 3 inch white lettering 12 which shall read: NO PARKING — FIRE LANE, shall be placed every 50 feet or portion 13 thereof on the vertical portion of the curb. The entire curb length shall be painted. If there 14 are rolled curbs or no curbs, stenciling shall be placed on pavement. 15 16 Exception: Variations to Fire Lane markings may be approved when in the opinion of the 17 fire code official the proposed signage and markings achieve the same outcome. The fire 18 chief retains the right to revoke variations for cause. 19 3. Fire apparatus access road markings shall be maintained. 20 21 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not 22 be obstructed in any manner, including parking of vehicles. The minimum widths and 23 clearances established in Section 503.2.1 and MMC 12.06.080 shall be maintained at all 24 times. 25 26 503.5 Required gates or barricades. The fire code official is authorized to require the 27 installation and maintenance of gates or other approved barricades across fire apparatus 28 access roads, trails or other accessways, not including public streets, alleys or highways. 29 Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates 30 intended for automatic operation shall be designed, constructed and installed to comply with 31 the requirements of ASTM F 2200. 32 33 503.5.1 Security gates and barricades. When required, gates and barricades shall be 34 secured in an approved manner. Roads, trails and other accessways that have been 35 closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed 36 on or used unless authorized by the owner and the fire code official. 37 38 Exception. The restriction on use shall not apply to public officers acting within the 39 scope of duty. 40 41 503.6 Security gates. The installation of security gates across a fire apparatus access road 42 shall be reviewed and approved by the fire code official and must comply with Appendix 43 D103.5, and must be in accordance with Chapter 12.40 MMC. The use of directional-limiting 44 devices (tire spikes) is prohibited. Where security gates are installed, they shall have an 45 approved means of emergency operation. The security gates and the emergency operation 46 shall be maintained operational at all times. Electric gate operators, where provide, shall be 47 listed in accordance with UL 325. Gates intended for automatic operation shall be designed, 48 constructed and installed to comply with the requirements of ASTM F 2200. Gates on all 49 properties shall be setback a minimum distance of 20 feet from the roadway edge of 50 pavement, except the Medina City Engineer may increase or decrease this distance based 51 upon safety and feasibility considerations. 4 of 5 ITEM OB-4 1 2 Section 3. Severability. If any section, sentence, clause, or phrase of this ordinance 3 should be held to be invalid or unconstitutional by a court of competent jurisdiction, such 4 invalidity or unconstitutionality shall not affect the validity of any other section, sentence, 5 clause, or phrase of this ordinance. 6 7 Section 4. Effective Date. This ordinance shall take effect five (5) days after its 8 publication or the publication of a summary of its intent or contents. 9 10 PASSED BY THE CITY COUNCIL ON THIS DAY OF 2011 AND SIGNED IN 11 AUTHENTICATION OF ITS PASSAGE ON THE DAY OF 2011. 12 13 14 15 16 Bret Jordan, Mayor Approved as to form: Attest: Bruce Disend, City Attorney Rachel Baker, City Clerk 17 5 of 5 Medina City Council Regular Meeting ITEM OB-5 Monday, December 12, 2011 AGENDA BILL Subject: City Council Guidelines Cate or 11 Consent Ordinance Public Hearinggy: City Council Business Resolution Other—Discussion Prepared By: Bruce Disend, City Attorney Summary: The City Council currently operates under a set of guidelines that are quite detailed and lengthy. The purpose of the guidelines is to centralize information on common issues related to city government and to identify the role of Council members. In addition, the City Council has adopted ground rules to guide how the council conducts its business at council meetings and interacts with city staff. Council has expressed an interest in revising the guidelines to make them more "user- friendly" and combining them with the ground rules. In response, staff has drafted a revised set of guidelines that reduces and simplifies the guidelines and incorporates the most significant parts of the Council ground rules. The Revised Guidelines are brought forward for Council's review and approval. Attachment(s): 1. Revised Guidelines Budget/Fiscal Impact: None Staff Recommendation:Ad t revised guidelines City Manager Approval: Proposed Council Motion: Le that Council adopt the revised guidelines. ITEM OB-5 CITY OF MEDINA CITY COUNCIL GUIDELINES 1t ELI keg Adopted April 12,2004 Updated: December 2009 Updated: 2011Adopted April 12, 2004 Updated: December 2009 Updated: 2011 1 ITEM OB-5 MEDINA CITY COUNCIL RULES AND GUIDELINES TABLE OF CONTENTS: MODIFY PAGE NUMBERS and HEADINGS, AS NECESSARY, TO MATCH THE REVISED TEXT Forward Introduction Oath of Office 6 Organizational Chart 7 666 1.01 Council — Manager Form of Government 1.02 Association of Washington Cities and Municipal Research & Services Center of Washington 1.03 Purpose of City Council Guidelines 1.04 Overview of Basic City Documents 1.05 Orientation of New Members Chapter Ooh , r ; . 6 Responsibilities 2.01 City Council Generally 2.02 Role of Council Members Role of Mayor Absence of Mayor and Council Members Resignation of Mayor or Mayor Pro-tem Emergency Response Appointment of Officer Advisory Bodies Incompatibility of Offices Chapter =: mid totityppunot 20„, 3.01 Staff/Clerical Support 3.02 Office Equipment 3.03 Meeting Rooms 3.04 Mail, Deliveries r ma r 'FittarOat MAWS 24 4.01 Council Compensation 4.02 Budget 4.03 Financial Disclosure 4.04 Travel Policy 2 ITEM OB-5 5.01 Overview 5.02 Correspondence from Council MembersCouncembrs 5.03 Local Ballot Measures 5.04 Proclamations State Public Disclosure Act Medina Newsletter— "Council Corner" Cha er 6 Corgi. fn r rarer t Fairness llctn e, and of:Elie fticial 6.01 Conflicts of Interest 6.02 Liability taff + ' 7.01 Overview 7.02 Council-Manager Plan of Government 7.03 City Council Non-Interference 7.04 City Council/City Manager Relationship 7.05 City Council/City Staff Relationship 7.06 Code of Ethics 7.07 City Council/City Attorney Relationship 7.08 Roles and Information Flow 7.09 Dissemination of Information 7.10 Magnitude of Information Request 7.11 Staff Relationship to Advisory Bodies 7.12 Restrictions on Political Involvement by Staff 7.13 Council Attendance Policy Chapter 8 CR nci 9 8.01 Meeting Schedule 8.02 Public Notice of Meetings and Hearings 8.03 Special Meetings 8.04 Study Sessions 8.05 Placing Items on the Agenda 8.06 Development of the Agenda 8.07 Audio Recording of Meetings 8.08 Alarm System 8.09 Order of Business 8.10 General Procedures 8.11 Open Meeting Law 3 ITEM OB-5 v aP s r route 9.01 Customs of Formality 9.02 Meeting Decorum and Order 9.03 Order of Discussion 9.04 Obtaining the Floor 9.05 Questions to Staff 9.06 Interruptions 9.07 Discussion Limit 9.08 Basic Steps to Conducting Business 9.09 Making a Motion 9.10 Seconding a Motion 9.11 Stating the Question 9.12 Amendment of the Main Motion 9.13 Postponement of Business 9.14 Debate 9.15 Voting Procedures 9.16 Right of Protest 9.17 General Rules of Procedure 9.18 Specific Rules of Procedure 9.19 Suggested Forms 9.20 Other Protocol 9.21 Parliamentarian 9.22 Procedures for Small Boards Rules of Conduct for TV Camera Crews in Council Chambers Cher"pi 10.01 Biennial Review 4, pr 11 Add z i ng urn; 11.01 Association of Washington Cities 11.02 National League of Cities 11.03 International City/County Management Association 11.04 International Institute of Municipal Clerks 11.05 Government Finance Officers Association 11.06 Municipal Research & Services Center of Washington 11 .07 Appendix 11.08 Other Reference Materials on File tr 1 file 12.01 Return of Materials and Equipment 12.02 Filling Council Vacancies 4 ITEM OB-5 INTRODUCTION The City Council Guidelines are intended to centralize information on common issues related to local government and your role as a member of the Medina City Council. Much of the content has been based upon state law. All Council members are expected to follow these guidelines and be bound by them unless excused by a vote of the City Council. There are many other resources available to Council members in addition to the information set forth in these Guidelines. Two principal sources of information are: A. Municipal Research & Services Center of Washington and Association of Washington Cities The Municipal Research and Services Center (MRSC) is a private, non-profit organization based in Seattle, Washington. MRSC's mission is to promote excellence in Washington local government through professional consultation, research and information services. All of the information and research services described below are available free of charge to elected officials and staff of Washington city and county governments MRSC serves Washington local governments by providing: (1) Dependable advice from a multidisciplinary team of professional consultants; (2) A comprehensive Web site; (3) Access to thousands of sample documents; (4) Timely and informative print and electronic publications; and (5) Access to the largest local government library collection in the Northwest. MRSC produces a number of useful guides and handbooks for Council members, including the following: Councilmember's Handbook. Report No. 48 Revised, December2009. A brief overview of the structure of municipal government in Washington State and the role of the Councilmember in that structure. The primary focus is on the Council meeting. Local Government Policy-Making Process. Report No. 45, February 1999. The purposes of this publication are to describe the local government policy-making process, outline effective roles for local officials, and to provide practical tips to make the local policy-making process for satisfying and productive. Knowing the Territory- Basic Legal Guidelines for Washington City, County, and Special District Officials. Report No. 47 Revised, November 2009. Describes the nature, powers and duties of municipal officials for "keeping out of trouble," discusses limitations, regulations, and admonitions regarding the exercise of governmental powers, including 5 ITEM OB-5 conflicts of interest law, the open public meetings act, appearance of fairness doctrine and similar laws. It also points out immunities and protections. B. The Association of Washington Cities The Association of Washington Cities (AWC), founded in 1933, is a private, non- profit, non-partisan corporation that represents Washington's cities and towns before the state legislature, the state executive branch and with regulatory agencies. Membership is voluntary. However, AWC consistently maintains 100% participation from Washington's 281 cities and towns. A 24-member Board of Directors oversees the association's activities. What does AWC do? AWC's staff focuses its work in five service areas: Legislative representation Educational training Publications and resources Technical assistance in personnel and labor relations, energy, transportation, budgeting, planning, risk management and employee wellness Member programs, such as municipal liability and property insurance, employee drug and alcohol testing, and employee benefits 6 ITEM OB-5 Chapter 1 GENERAL OVERVIEW As a City Council member, you not only establish important and often critical policies for the community, you are also a board member of a public corporation having an annual budget of several million dollars. The scope of services and issues addressed by the city organization go well beyond those frequently reported in the newspaper or discussed at City Council meetings. Basic City Documents This manual provides a summary of important aspects of City Council activities. However, it cannot incorporate all material and information necessary for undertaking the business of the City Council. Many other laws, plans, and documents exist which bind the City Council to certain courses of action and practices. The following is a summary of some of the most notable documents, which establish City Council direction. A. Medina Municipal Code The municipal code contains local laws and regulations adopted by ordinances. Title 2 of the code addresses the role of the City Council, describes the organization of City Council meetings and responsibilities and appointment of certain city staff positions and advisory boards and commissions. In addition to these administrative matters, the municipal code contains a variety of laws including, but not limited to, zoning standards, health and safety issues, traffic regulations, building standards, and revenue and finance issues. B. Revised Code of Washington The Revised Code of Washington (RCW) is the compilation of all permanent state laws now in force. It is a collection of laws enacted by the Legislature, and signed by the Governor, or enacted via the initiative process. The state laws contain many requirements for the operation of city government and administration of meetings of City Councils throughout the state. Medina is an "optional code city," which means it operates under the general laws of the state. As an optional code city of the State of Washington, Medina is vested with all the powers of incorporated cities as set forth in the Revised Code of Washington (RCW), Constitution of the State of Washington, and Medina Municipal Code. 7 ITEM OB-5 C. Annual Budget The annual budget is the primary tool and road map for accomplishing the goals of the City. The budget document is the result of one of the most important processes the City undertakes. By adopting the annual budget, the City Council makes policy decisions, sets priorities, allocates resources, and provides the framework for government operations. D. Comprehensive Plan The Washington Legislature enacted the Growth Management Act (GMA) in 1990. The GMA was enacted in response to rapid population growth and concerns with suburban sprawl, environmental protection, quality of life, and related issues. The GMA is codified primarily in Chapter 36.70A RCW. The GMA provides a framework for regional coordination. Counties and cities planning under the GMA are required to formally adopt planning policies to guide their respective planning activities. This is carried out via the adoption of documents known as "comprehensive plans." The City's comprehensive plan is the starting point for any planning process and the centerpiece of local planning. Development regulations (zoning, subdivision, and other controls) must be consistent with comprehensive plan. The City's comprehensive plan is reviewed on an ongoing basis. Apart from certain narrow exceptions provided by state law, the City's plan may only be revised once per year. Chapter 2 MEDINA CITY GOVERNMENT: POWERS AND RESPONSIBILITIES 2.01 Council-Manager Form of Government (See, also, Section 7.02) The City operates under the Council-manager form of government. This approach consists of an elected City Council which is responsible for policy making, and a professional City Manager, appointed by the Council, who is responsible for administration. The City Manager provides policy advice, directs the daily operations of city government, handles personnel functions (including the power to appoint and remove employees) and is responsible for preparation of a budget. Under the Council-manager enabling law, the City Council is prohibited from interfering with the manager's administration. The City Manager, however, is directly accountable to, and can be removed by the Council at any time. The Mayor in Council-manager cities is selected by the City Council from among its members. The Mayor generally presides at Council meetings and is 8 ITEM OB-5 recognized as the head of the City for ceremonial purposes, but has no regular administrative duties. State law recognizes the separation of powers between the legislative and administrative branches of government. Under state law, members of the City Council may not become directly involved in the administrative affairs of the City. RCW 35A.13.120 specifically prohibits interference by Council members in the City's administrative service, including the hiring, firing, and work of city staff, with the exception of the City Manager. 2.02 City Council The City Council is the policy making and law making body of the City. State law and local ordinances grant the powers and responsibilities of the Council. It is important to note that the Council acts as a body. No member has any extraordinary powers beyond those of other members. While the Mayor has some additional ceremonial responsibilities, when it comes to establishing policies, voting, and other matters, all members are equal. It is also important to note that policy is established by at least a majority vote of the Council. Although individual members may disagree with decisions of the majority, a decision of the majority does bind the Council to a course of action. Council members should respect adopted Council policy. In turn, it is staff's responsibility to ensure the policy of the Council is carried out. The City Council is responsible for appointing one position within the city organization—the City Manager. The City Manager serves at the pleasure of the Council. The City Manager is responsible for all personnel within the city organization, including the city attorney, hearing examiner, municipal court judge, municipal prosecutor, and public defender. The City Manager's appointment of the municipal court judge is subject to confirmation by the City Council. Except for the purpose of inquiry, the Council and its members must deal with the administrative personnel solely through the City Manager or the manager's designee. Neither the Council nor any member of the Council may give orders to any subordinate of the City Manager. 2.03 Advisory Bodies A. Appointments Made by the Mayor and Confirmed by Council Boards, commissions and citizen committees provide a great deal of assistance to the Medina City Council when formulating public policy and transforming policy decisions into action. The City has several standing boards and commissions. In addition, special purpose committees and task forces are often appointed by the mayor and City Council to address issues of interest or to conduct background 9 ITEM OB-5 work on technical or politically sensitive issues. Special or ad hoc committees will be dissolved upon completion of the intended task. The City Council is specifically empowered to create all advisory boards and commissions pursuant to the provisions of Chapter 35A (Optional Municipal Code), or such advisory boards or commissions not specifically enumerated, as the Council deems necessary or advisable. In the exercise of this power, it is the desire of the City Council to establish a consistent policy in its decision-making role to fairly and equitably evaluate those citizens of the community who demonstrate a desire to serve on such boards or commissions. B. Qualifications, Terms of Service, Forms Persons wishing to be considered for appointment or reappointment will submit to the city clerk's office an application on a form provided by that office. It is the policy of the City Council for each applicant to be evaluated on an objective basis, utilizing the following criteria: 1. Residency - Residency requirements for advisory boards and commissions are noted in applicable sections of the Medina Municipal Code, and summarized on the Membership and Qualification Matrix appended hereto. 2. Sectional Composition - Normally, consideration should be given toward maintaining an equitable balance of community representation on all boards and commissions. Multiple members from the same family or household will not be appointed to a single board or commission, in order to avoid the reality or appearance of improper influence or favor. 3. Occupation - A broad mix of occupational backgrounds on all boards and commissions will be attempted as appointments are considered. 4. Knowledge of Municipal and Planning Process - When ranking equally qualified applicants, consideration shall be given to background experience and knowledge of the municipal process as appropriate to the position, in reaching a decision. 5. Contributive Potential — Consideration will be given to the potential contribution that each applicant may make if appointed to a board or commission. Criteria to guide this evaluation may include: a. Ability to communicate b. Desire to perform public service c. Ability to express ideas, concepts, or philosophies d. Desire to participate in decision-making process 10 ITEM OB-5 6. Leadership Potential - Since each appointee may be called upon to serve as a chair, consideration will be given to the applicant's leadership abilities, such as: a. Past or present leadership experience (current employment, special interests, etc.) b. Past or present participation in community services c. Expressed interest in a leadership role No person shall be appointed to serve as a member of more than one board or commission at the same time; however, persons serving on a board or commission who have requested appointment to another board or commission position may be appointed to such position if they, concurrent with the appointment, resign from the board or commission position they are holding at the time of the new appointment. D. Appointment Process 1. Council Personnel Committee. The mayor, together with two other Council members designated by the mayor, shall constitute a personnel committee to perform the interviews and recommendations for appointments to the planning commission and park board. The personnel committee shall interview the applicants, although the committee reserves the right to make recommendations after reviewing applications and without conducting interviews. Subsequent to the personnel committee's review, the personnel committee shall make a recommendation of appointment to the Council. 2. After the personnel committee has forwarded it's recommendation for appointment to the Council, the City Council will be given copies of all applications. The City Council will be given at least ten days to review the applicants' and the committee's recommendation prior to the meeting at which the Council will be asked to confirm the appointment. 3. Decision and Announcement. Each applicant will be notified by mail of the decision after Council confirmation has been made. The city clerk will also notify the chair of the affected board or commission of its decision. E. Council Members' Role and Relationship with City Advisory Bodies Council members, in their capacity as private citizens, should refrain from providing testimony in legislative or administrative matters pending before any advisory board that will receive, or could potentially receive, future review or other action before the Council. Where a Council member elects to provide such testimony, the following rules shall apply: 11 ITEM OB-5 1. The Council member shall declare at the outset and upon the record that the Council member is present in his or her private capacity as an interested citizen, and not on behalf or at the request of the City Council. 2. The Council member shall refrain from stating or implying that the Council member's position or opinion is that of the City Council. 3. The Council member shall refrain from directing city staff or the advisory body to take any action on behalf of the Council member. 4. The Council member shall observe any rules of procedure or protocol that apply to any other private citizen testifying before the advisory board. Chapter 3 TRAVEL POLICY Members of the City Council, City boards and commissions are subject to the following travel policy: A. Travel Involving an Overnight Stay All reasonable transportation expenses for approved travel (as defined in the following paragraphs) will be reimbursed. Any travel involving an overnight stay should have the prior approval of the City Manager. Elected and appointed officials should endeavor to attend training and conferences in the state whenever possible, if such training or conference is of comparable value to that offered out of state. Anyone traveling on city business on a trip that involves an overnight stay shall submit a travel authorization form to the finance department. The travel authorization form will include a complete estimate of the costs of the trip, including conference registration, transportation, lodging, meals, vehicle rentals, and incidentals. The travel authorization form will also include the purpose of the trip, the dates of travel, and other pertinent details. The completed travel authorization form, including the appropriate authorizing signatures, must be submitted to the finance department before departure. The City Manager will authorize travel expenses within the legislative budget approved by the Council. The City Manager will authorize: a. Overnight travel by elected or appointed officials b. Use of a rental vehicle by elected or appointed officials c. Out-of-state travel by elected or appointed officials d. Any interpretations to the policies stated herein 12 ITEM OB-5 B. Reimbursement of Travel Expenses A fully itemized claim for expense reimbursement, along with any unexpended portion of the advance, must be submitted to the finance department within 15 calendar days of the close of the authorized travel period for which expenses have been advanced. Any amounts not accounted for within the 15-day period shall bear interest at the rate of 10 percent per annum from the date of default until paid (RCW 42.24.150). 1. Transportation Costs - Reimbursement costs for transportation will be at the cost of the most reasonable means of transport. For example, airline costs will be reimbursed at a coach rate. If an elected or appointed official chooses to fly first class, the City will reimburse only at the coach rate and the official must pay for the difference. Efforts should be made to book air travel at least two weeks or more in advance to take advantage of lower rates. Frequent flyer miles earned accrue to the individual and not the City, but should not be the criteria for selecting a flight if lower-cost alternatives are available. 2. Hotel/Motel Accommodations —Actual and necessary hotel/motel accommodations will be reimbursed or paid in advance, limited to the maximum single-room rate of the specific hotel or motel. A vendor's receipt is required for all accommodations. In the event the receipt includes non-reimbursable expenses, the claimant shall be responsible for such expenses. Government or discount rates should be obtained wherever possible. 3. Individual Meals - Same Day Travel - Reasonable costs of necessary meals while conducting city business are reimbursable, to the following maximum amounts*, including tip: Breakfast - $ 10.00 Lunch - $20.00 Dinner - $30.00 These amounts are reviewed annually by the finance director and may be adjusted from time to time by resolution of the City Council. For travel to high- expense areas, i.e., Washington, DC, meals may be reimbursed at a higher rate than the amounts listed above, subject to prior approval of the City Manager. Receipts must accompany all reimbursement claims. The cost of meals for official functions (political or professional organizations - usually include speaker and/or room rental) will be paid at full actual cost, even if the cost exceeds the rates above. 13 ITEM OB-5 Tips are allowable up to 15% and should be considered as a part of the maximum allowable amount. Reimbursement will not be paid for alcoholic beverages. Reimbursement will not be paid for expenses for spouses, guests, non-employees, or other persons not authorized to receive reimbursement under this policy or state regulations. Reimbursement may be claimed by one person for several employees or officials eating together, as long as all the names are listed on the reimbursement claim. 4. Per Diem for Out-of-Town, Overnight Meals. When traveling out of town overnight, officials will receive a per diem allowance for meals rather than submitting a request for individual meal reimbursements. The daily per diem rates for meals shall be sixty dollars, tip included. If meals are provided as part of the registration fee, no per diem will be paid for those meals. Officials can claim the daily per diem rates only for those meals they pay for directly. 5. Incidental Expenses - Reasonable costs for parking, taxis, buses, rental cars (if necessary), etc., will be paid if itemized on the claim form and accompanied by a receipt. Use of rental cars must have prior approval via the travel authorization form. The cost of long distance telephone calls to the City for city business will be reimbursed, and one telephone call home per day of reasonable length (i.e., 15 minutes) will be reimbursed. 6. Personal Vehicles - Mileage for the pre-approved use of personal vehicles will be reimbursed at the IRS allowable mileage rate. City officials using their personal vehicle from home to a destination different from their usual work site are reimbursed for miles driven in excess of their usual commute to and from work. The IRS rate will be published by the finance director by memo at the beginning of each calendar year. All officials using their personal vehicles for city business must file proof of liability insurance with the finance director. 7. Reporting of Actual Expenses - All actual eligible expenses should be reported on an expense reimbursement request form to be filled out by the official within 15 calendar days after completion of travel. Receipts must be attached for all expenses claimed. Expense reimbursement requests should be signed by the same party originally approving the travel and filed with the finance department for processing. 14 ITEM OB-5 Chapter 4 CONFLICTS OF INTEREST The conflict of interest law is one of the most complicated laws on the books. It is intended to ensure citizens that the judgment of public officers and employees is not compromised or affected by inappropriate conflicts. Violation is a criminal offense. To keep standards of conduct uniform throughout the State, no local government may regulate conflict of interest more strictly than the Revised Code of Washington. In basic interpretation, the law requires all Council members to: Disclose financial interests each year. Refrain from contracting for business with the local government. Abstain from voting on items of personal interest that apply solely to the Council member or that prevent impartial voting. Not engage in unethical conduct, such as accepting anything of value or disclosing confidential information. To understand its effect on a Council member's actions, it is suggested that members discuss the law and potential conflicts with a private attorney or, the city attorney. Chapter 5 INTERACTION WITH CITY STAFF/OFFICIALS 5.01 Overview City Council policy is implemented through dedicated and professional staff. Therefore, it is critical that the relationship between Council and staff be well understood by all parties so policies and programs may be implemented successfully. To support effective relationships, it is important that roles are clearly recognized. 5.02 City Council/City Manager Relationship The employment relationship between the City Council and City Manager honors the fact that the City Manager is the chief executive of the City. All dealings with the City Manager, whether in public or private, should respect the authority of the City Manager in administrative matters. Disagreements should be expressed in policy terms, rather than in terms that question satisfaction with or support of the City Manager. 15 ITEM OB-5 The City Council will evaluate the City Manager on an annual basis to ensure that both the City Council and City Manager are in agreement about performance and goals based upon mutual trust and common objectives. The City Manager's performance shall be evaluated in the following areas: leadership, teamwork, job knowledge, attitude, accountability, communication, problem-solving skills, quality of service, safety/risk-taking, implementation and administration of adopted Council policy. 5.03 City CounciVCity Staff Relationship City Council member contact with city staff members, inclusive of the City Manager, will be during regular business hours, except in the case of an emergency. The City Council is to work through the City Manager when dealing with administrative services of the City. In no manner, either directly or indirectly, shall a Council member attempt to influence personnel matters that are under the direction of the City Manager. 5.04 City Attorney Pursuant to recommendation of the City Manager, the City Council shall make provision for obtaining legal counsel for the City, either by appointment of a city attorney on a full-time or part-time basis, or by any reasonable contractual arrangement for such professional services. At present, the city attorney is a contract employee appointed by the City Manager; such contract is confirmed by the City Council. The city attorney is the legal advisor for the Council, its committees, commissions and boards, the City Manager, and all city officers and employees with respect to any legal question involving an official duty or any legal matter pertaining to the affairs of the City. It is important to note that the city attorney does not represent individual members of Council, but rather the City as a corporate entity. Chapter 6 CITY COUNCIL MEETINGS The City Council's collective policy and law-making powers are put into action at the Council meetings. It is here that the Council conducts its business. The opportunity for citizens to be heard, the availability of local officials to the citizenry, and the openness of Council meetings all lend themselves to the essential democratic nature of local government. 6.01 Meeting Schedule Regular meetings are held the second Monday of each month at 6:30 p.m., in the Council chambers, 501 Evergreen Point Road, Medina, as provided in 16 ITEM OB-5 MMC 2.04. Should these days happen to be designated as a legal holiday; the council meeting will be held the next business day. 6.02 Special Meetings Special meetings may be called by the Mayor or by a majority of the members of the Council by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the governing body; and to each local newspaper of general circulation and to each local radio or television station which has on file with the Council a written request to be notified of such special meeting or of all special meetings. 6.03 Study Sessions The City Council may meet informally in a study session. The study session is the forum used by Council to review forthcoming programs of the City, to receive progress reports on current issues, or to receive similar information from the City Manager and others. All discussions and conclusions held during a workshop are of an informal nature. Generally, final action is not taken while in a study session unless delayed action may result in adverse consequences. 6.04 Agenda The City Manager and Mayor will review the agenda prior to the regular meeting. A Council member may request an item be considered on a future agenda either by making a motion at a City Council meeting. The item shall then be placed on the agenda as a "motion for consideration" of the item at said meeting or at a later meeting. The motion shall then be discussed and voted upon by the Council. 6.05 Council Meeting Rules for Council Members A. Council members shall act in a courteous, professional and respectful manner toward each other, the staff and the public. B. Council members shall use their best efforts to maintain a balanced perspective and a sense of humor in conducting the public's business. Council members shall not surprise one another or staff at a public meeting with anything that could be discussed beforehand so that 17 ITEM OB-5 Councilmembers and staff can be prepared to respond in a reasonable manner. Council members speak with one voice once a vote has been taken and do not work to undermine the decision of the Council. The Council moves forward expeditiously without rehashing previously discussed information or engaging in conversation with the public during the business meeting. 6.06 Council Meeting Rules for Members of the Public A. Written Communications. All persons may address the Council by written communications, including via e-mail. Written communications pertaining to items subject to a public hearing will be made a part of the public record. B. Oral Communications. City Council meetings are recorded. Each person addressing the Council at a regular meeting will do so from the podium and will speak in an audible tone of voice. 1. Prior to making comments each speaker shall first give his/her name and address. 2. Comments shall be limited to three minutes unless a greater length of time is requested and approved by the Mayor. 3. All remarks will be addressed to the Council as a body and not to any member thereof. No comments shall be directed to staff. 4. All remarks shall be courteous and respectful. 5. Comments or questions requiring a response shall be referred to the City Manager, if appropriate. 6. 07 Council Rules for Interacting with Staff A. Council members may ask the City Manager for up to one hour of research on a City related issue as long as the cumulative effect does not take staff away from accomplishing, in a timely manner, work authorized by the City Council or City Manager. In the event that more than one hour of staff time is required, a request for additional time may be brought to the full Council for consideration. B. Council members shall not publicly criticize city staff. If there are concerns with staff performance, they should be discussed with the City Manager privately. 18 ITEM OB-5 C. Council members shall at all times be respectful of staff and treat them as professionals. D. Information generated by staff on behalf of a Council member shall be shared with all Council members. Chapter 7 MEETING PROCEDURE 7.01 Parliamentary Procedure Unless otherwise addressed by these Guidelines, meetings shall be conducted in accordance with traditional rules of parliamentary procedure in order to assist the Council in conducting business in an orderly manner; but strict adherence to parliamentary procedure shall not be required. In the event that the procedure for considering a matter is unclear or in dispute, the following procedure shall be employed: (a) a motion will be made proposing a course of action; (b) a second shall be required; (c) thereafter, each Council member shall be afforded the opportunity for discussion; and (d) the Mayor shall call for a vote. Council shall be bound by the results of the vote. 7.02 Meeting Decorum and Order The Mayor shall preserve decorum and decide all questions of order, subject to appeal by the Council. During Council meetings, Council members shall preserve order and decorum and shall not delay or interrupt the proceedings or refuse to obey the orders of the chair or the rules of protocol. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the Council shall be directed to cease by the mayor, and if the inappropriate conduct continues, the person shall be barred from the meeting. 7.03 Order of Discussion The Mayor should follow the prepared agenda as much as possible. However, for those occasions when deviations are necessary or convenient, the Mayor will clearly announce that the Council has decided to rearrange the agenda. 7.04 Discussion Limit A Council member should not speak more than once on a particular subject until every other Council member has had the opportunity to speak. Council members are encouraged to discuss items during the decision-making process. 19 ITEM OB-5 7.05 Basic Steps to Conducting Business Specific requests or proposals that are presented to Council for consideration and possible action must be introduced in the form of a motion and a second. 7.06 Voting Each Council member shall vote on all questions put to the City Council, unless a conflict of interest under state law or appearance of fairness question is present. Unless a member of the Council states that he or she is not voting, his or her silence shall be recorded as an affirmative vote. END -.- 20 ITEM OB-6 r MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetingsscheduledfor 6:30pm,unless noticed otherwise. l IRi'-4'iL Fitt 4J t Other Business 2011 Council Retreat and Meeting Schedule Mayor Options to be considered 2/15. Other Business 2011 Draft Legislative Agenda Hanson Approved. Other Business 2011 Council Committee Assignments Mayor Completed. Other Business 2011 Regional Committee Assignments Mayor Completed. Other Business 2011 Planning Commission Work Plan Grumbach Amended work plan approved. Discussion.Direction to amend 2011 Other Business 2011 Budget Discussion Hanson,Adams Budget. Other Business Approval of Change Order No.3;City Hall Project Willis Approved. Consent Agenda Call for Bids:NE 12 St&Lk WA Blvd Improve.Proj. Willis Approved. Consent Agenda Approval of Snohomish County Jail Contract Yourkoski Approved. Consent Agenda Ordinance Adopting 2009 Energy Code Grumbach Adopted Ordinance No.870. Executive Session RCW 42.30.110(1)(i) Disend Completed. Executive Session RCW 42.30.110(1)(g) Disend Completed. T'.. ti a„=.. Executive Session RCW 42.30.110(1)(i) Disend Completed. I t 1 r T tMCkY d h 1 Executive Session RCW 42.30.110(1)(i) Kenyon Completed. tt ' *Ha' 14 S,Thomas tiltlil=t tl'f onS item rte,. Presentation King County Metro Service Changes Jack Whisper Completed. Consent Agenda 2010 Financial Year End Report Adams Moved to March Consent Agenda Consent Agenda Public Safety Testing Agreement Yourkoski Approved. Consent Agenda JAG ContractAmendment Yourkoski Approved. Consent Agenda Construction Manager Contract Amendment Willis Approved. Consent Agenda City Hall Architectural Services Agreement Willis Approved. Consent Agenda ARCH 2011 Budget and Work Plan Hanson Approved. Consent Agenda Receipt of Part 150 Study Report Hanson Receipt Acknowledged. Other Business 2011 Park Board Work Plan Willis Approved. Other Business 2011 Budget Amendment Adams Ordinance No.871 Adopted. Interlocal Agreement with City of Clyde Hill for 84 Ave NE Other Business Street Improvements Willis Approved. Other Business ConsultantAgreement for SR 520 Project Willis Approved. Other Business Discussion ofSR 520 PublicAccess Options Willis Completed. Other Business City Attorney Services Agreement/2011 Fee Structure Hanson Approved. Other Business Newsletter Communication Costs Baker Completed. T ;a act.t',. Executive Session RCW 42.30.110(1)(b) Disend Completed. MARCH'# y t Ct iix Ifiig, ThOmasChurch Roomit Executive Session RCW 42.30.110(1)(i),..Disend Completed. ITEM OB-6 MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetingsscheduledfor 6:30pm,unless noticed otherwise. MAC' 4 s .' ITfSS, I1gQl if111 Presentation King County Council Member Jane Hague Jane Hague Completed. Presentation Part 150 Study Allyson Jackson Completed. Consent Agenda 2010 Financial Year End Report Adams Approved. Consent Agenda Contract Award:NE 12 St&Lk WA Blvd Improve.Proj.Willis Awarded to NPM Construction Co. Other Business Approval of Medina City Hall Change Orders Willis Approved. Other Business Approval of Office Furniture for Medina City Hall Willis Approved. Wireless Communications Facility Lease for Fairweather Other Business 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. Q .fib Discussion City Council Goals and Strategies Hanson Discussion. Discussion Communication Strategy Hanson/Baker Discussion. Other Business City Council Ground Rules Hanson Discussion. iC{f t l$71; : J . #ttf oolC E71 ?A#ft11 i*Uo Consent Agenda Ratification of Austin&Rohrbach Settlement Agreements Hanson Ratified. Consent Agenda Adoption of 2011 City Council Strategic Goals Hanson Adopted. Consent Agenda Adoption of 2011 City Council Ground Rules Hanson Adopted. Reports State Route 520 and Lid Design Update Willis/Nelson Completed. Reports 2010 Accomplishments Hanson Completed. Authorized 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 agreement(s). City manager authorized to negotiate and sign agreement with Sound Law Center for Hearing Other Business Review of Hearing Examiner Qualifications Grumbach Examiner Services. 1 I t .jIAIRJ t5 i11Mti3tt Executive Session RCW 42.30.110(1)(i) Completed. f 5illpi!Ct mbr s 6s u Open House State Route 520 Eastside Project Design&Project Updates WSDOT Completed. 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 Accessory Buildings and Uses Grumbach Approved. Schedule 06/13/2011 Public Hearing for Draft Six-Year CIP/TIP Consent Agenda (2012-2017) Willis Approved. Reports Fairweatherindependent Towers Public Process Grumbach Completed. Other Business Proposed 2011 Budget Amendment B Ordinance Adams Adopted Ordinance Number 872. ITEM OB-6 ofmE.4,ts, MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduledfor 6:30 pm,unless noticedotherwise. Discussion Zoning Code Ordinance Briefing Grumbach Completed. Discussion 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. Washington Association of Sheriffs&Police Chiefs;Police Presentation Chief Recruitment Process Garry Anderson 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 Agenda Position 1 Council Confirmed Peter Jorgenson,Pos 1 Confirmation of Appointments to Planning Commission Confirmed Alex Morcos,Pos 2& Consent Agenda 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 Agenda Approval of Snohomish County 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 Agenda Fairweather Park Willis Resolution No.348 approved. Authorization to Sign 2012-2014 CDBG and HOME Combined Consent Agenda Interlocal Agreement Hanson Authorization approved. Public Hearing Draft Six Year CIP/TIP(2012-2017) Willis Completed. 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 Support Structure at Fairweather Park Grumbach pole. Executive Session RCW 42.30.110(1)(i) Completed. ems. Consent Agenda Adoption of Six-Year CIP/TIP and Resolution Willis Approved Resolution No.349 Consent Agenda Revised Contract for Professional Services,Wireless Consultant Grumbach Approved. Consent Agenda Amendment to Shoreline Consultant Contract Grumbach Approved. 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 Agenda Section 4(f)determination for Fairweather Park Willis lot. Authorized temporary use and temporary construction easement Other Business Temporary Construction Easement for Transit Path Willis agreement(s) Discussion City Entrance/Gateway/Lake Washington Boulevard Willis Completed. Discussion 2012 Budget Discussion Adams Completed. Discussion City Council Agenda/Public Comment Placement Council Completed. ITEM OB-6 A of±Moogr MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetingsscheduledfor 6:30pm,unlessnoticed otherwise. 1C I Other Police Chief Final Candidate Meet and Greet Completed. Other City Hall Open House Completed. Presentation City Hall Plaque Dedication Dave Clark Completed. Presentation Proclamation:St.Thomas School and Episcopal Church Mayor Completed. Consent Agenda Proposed Ordinance Related to Petty Cash Adams Adopted Ordinance Number 875. Public Hearing Introductory Hearing for 2012 Annual Budget Preparation Adams Completed. Other Business Points Loop Trail De Minimus Approval Willis Approved Agreement. Proposed Ordinance:Amending MMC 1.15 and 12.08 Related Other Business to Code Enforcement for Construction in Streets Grumbach Adopted Ordinance Number 876. RCW 42.30.110(i),RCW 42.30.110(g),and RCW Executive Session 42.30.140(4)(a)(b) Disend Completed. Executive Session RCW 42.30.110(1)(i) and RCW 42.30.110(1)(f) Completed. Action Removal of Deputy Mayor Title from Council Member Whitney Approved. Action Dissolution of Finance Committee. Approved. Request to Forward Resolution Censuring Council Member Action Whitney to September 12 Agenda Approved. Executive Session RCW 42.30.110(i) Completed. Other Business Recovery Month Proclamation Mayor Proclamation approved. Other Business 2012 Draft Preliminary Annual Budget Adams Discussion Held. Other Business Resolution Censuring Council Member Whitney Mayor Resolution Failed,(vote 0-7). Discussion 2012 Draft Preliminary Annual Budget Adams Discussion Held. Discussion 84 Avenue Northeast Corridor Improvement Project Willis Discussion Held. Presentation Eastside Pathways—Bill Henningsgaard B.Henningsgaard Completed. Staff Report Status of 84 Avenue Northeast Traffic Circle Willis Completed. Consent Agenda Approval of City of Medina Financial Policies Adams Approved. Consent Agenda Approval of WSDOT GCA 6774,Bridge Landings Project Willis Approved. Public Hearing 2012 Draft Preliminary Annual Budget Adams Completed. Other Business 2012 Draft Preliminary Annual Budget/Discussion Adams Completed. Executive Session RCW 42.30.110(1)(i)&RCW 42.30.110(1)(g)Disend Completed. Discussion 84 Avenue Northeast Corridor Improvement Project Willis Completed. Discussion City Hall Project Report D.Clark Completed. Discussion Gateway Signage D.Clark Completed. Discussion Eastside Pathways Hanson Completed. Discussion City Council Guidelines Disend Completed. ITEM OB-6 o 61E0 F MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduledfor 6:30 pm,unless noticed otherwise. t . Other Community Meet and Greet,Police Chief Mark Thomas n/a Completed. Eti4t .,_, Presentation Swear in Police Chief Thomas Baker Completed. Adoption of Ordinance Amending 2011 Budget(Amendment Consent Agenda C) Adams/Hanson Adopted Ordinance No.877 Approval of Revised Fee Schedule and Resolution Adopting Consent Agenda Fee Schedule Grumbach/Baker Approved Resolution No.351 Approval of Interlocal Agreement for Jail Services with King Consent Agenda County Thomas Approved. Approval of Interlocal Agreement for Fire Services with Consent Agenda Bellevue Hanson Approved. Consent Agenda Approval of Resolution Adopting GASB 54 Adams/Hanson Approved Resolution No.352 Approval of Resolution Adopting NORCOM 2012 Annual Consent Agenda Budget Thomas Approved Resolution No.353 Public Hearing 2012 Property Tax Levy Adams/Hanson Completed. Other Business Adoption of PropertyTax Levy Resolution Adams/Hanson Approved Resolution No.354 Public Hearing 2012 Annual Budget and Salary Schedule Adams/Hanson Completed. Adoption of 2012 Annual Budget,Annual Budget and Salary Other Business Schedule Ordinance Adams/Hanson Approved Ordinance No.880 Other Business Adoption of Ordinance Adopting 2012 Franchise Fees Adams/Hanson Approved Ordinance No.878 Other Business Adoption of Ordinance Adopting 2012 Utility Taxes Adams/Hanson Approved Ordinance No.879 Motion passed to authorize call for Authorize Design for 84 Avenue Northeast Improvement bids for project design and to bring Other Business Project Willis to council for approval. Discussion held.Tabled until Other Business Introduction to Building Code Updates Wilcox/Grumbacl 12/12/11. Other Business City Council Guidelines Disend Discussion.Continued to 12/12/11. Executive Session RCW 42.30.140(4)(a)(b)&RCW 42.30.110(1)(g) Disend Completed. Executive Session RCW 42.30 140(4J(a)(bJ&RCW 42 30 110(1)(g) Disend Open House Recognition of Outgoing City Members:Jordan,Nelson,and Whitney rn. CSC ti Oath ofOffice Council Member Lee,Short Term Position No.Two Baker Consent Agenda City of Bellevue Utilities Contract Disend Consent Agenda Ordinance Architect Requirement for Building Permit Submitta Grumbach Consent Agenda Approval of Patrol Officers Collective 2012-2014 Labor Agreem Hanson Consent Agenda Clarification of Utility Tax Ordinance Grumbach Other Business Final Acceptance of City Hall Expansion and Renovation Project D.Clark Other Business Planning Commission Work Plan Grumbach Other Business Park Board Work Plan Willis Other Business Ordinance Adopting Fire Apparatus Access Requirements Grumbach Other Business City Council Guidelines Disend Executive Session RCW 42.30.110(1)(i)&RCW 42.30.110(1)(g)Disend 4y of MFQ, yr MEDINA CITY COUNCIL 2012 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm,at City hall(unless noticed otherwise). a >. _... a 2I3i .. .. Oath of Office Council Members Decker,Lee,and Luis Baker Election Election of 2012-2013 Mayor Baker Election Election of 2012-2013 Deputy Mayor Mayor Approval of Professional Services Consultant Contract, Consent Agenda Engineering Services Grumbach Other Business 2012 Council Retreat and Meeting Schedule Hanson Other Business 2012 Draft Legislative Agenda Hanson Other Business 2012 Regional Committee Assignments A t tt k ek_. .v . . .w ... .n': _ .'.Tom::. r . Yea.End ReportAgenda2011Financia Consent Agenda Appointment of Planning Commission Position No.3 Consent Agenda ARCH Work Plan&Interlocal Agreement t C tft 5 Other Busins Six-Year CIP/TIP(2013 2018)Introduction Willises tt Public Hearing Six-Year CIP/TIP(2013-2018) Willis Consent Agenda Adoption of Six Year CIP/TIP and Resolution Willis A C1 [to 44 0m x r Coil M&,. MEDINA CITY COUNCIL 2012 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm,at City hall(unless noticed otherwise). ser Coin won