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HomeMy WebLinkAbout02-13-2017 - Agenda Packet MEDINA CITY COUNCIL SPECIAL AND REGULAR MEETING Monday, February 13, 2017 5:30 PM - EXECUTIVE SESSION 6:30 PM - REGULAR MEETING AGENDA Cynthia Adkins, Council Member Patrick Boyd, Council Member David Lee, Council Member John Maffei, Council Member Alex Morcos, Council Member Curt Pryde, Council Member Sheree Wen, Council Member MEDINA, WASHINGTON MEDINA CITY COUNCIL SPECIAL AND REGULAR MEETING AGENDA Medina City Hall, Council Chambers 501 Evergreen Point Road, Medina Monday, February 13, 2017 5:30 PM MAYOR ALEX MORCOS CITY MANAGER MICHAEL SAUERWEIN DEPUTY MAYOR SHEREE WEN CITY ATTORNEY KATHLEEN J. HAGGARD COUNCIL MEMBERS CYNTHIA ADKINS PATRICK BOYD DAVID LEE JOHN MAFFEI CURT PRYDE CITY CLERK AIMEE KELLERMAN AGENDA SPECIAL MEETING Council Members Adkins, Boyd, Lee, Maffei, Morcos, Pryde and Wen EXECUTIVE SESSION ES-1: RCW 42.30.140 (4)(a) 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. ADJOURNMENT Council will adjourn to the regular meeting in the Medina Council Chambers. 1. REGULAR MEETING - CALL TO ORDER / ROLL CALL Council Members Adkins, Boyd, Lee, Maffei, Morcos, Pryde, and Wen 2. PLEDGE OF ALLEGIANCE The Mayor will lead the pledge. 3. APPROVAL OF MEETING AGENDA 4. PRESENTATIONS 4.1 Recognition to Officer Emmet Knott for 20 Years of Service to the City. 4.2 Medina Police Department Employee of the Year Award – Records Manager Jen Newton 5. 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. 6. REPORTS AND ANNOUNCEMENTS 6. Commissions, Boards, and Advisory Committee Reports. 7. CITY MANAGER'S REPORT • 84th/24th Project - Final Selection of the Preferred Design Alternative • City Manager 2017 Objectives • City Hall Hours of Operation • Maintenance of the 520 Lids 7.1 Police, Development Services, Finance, Central Services, Public Works 8. CONSENT AGENDA These items will be acted upon as a whole unless called upon by a council member. 8.1 Subject: Approved November 7, 2016 Park Board Meeting Minutes Recommendation: Receive and file. Staff Contact: Sunita Hall, Deputy City Clerk 8.2 Subject: Planning Commission Meeting Minutes of: a) Approved November 22, 2016; and b) Approved December 6, 2016 Recommendation: Receive and file. Staff Contact: Kristin McKenna, Development Services Coordinator 8.3 Subject: Draft January 10, 2017 Regular Meeting Minutes Recommendation: Adopt Minutes. Staff Contact: Aimee Kellerman, City Clerk 8.4 Subject: Check Register: a)Year-End; and b) January 2017, Check Register Recommendation: Approve. Staff Contact: Nancy Adams, Finance Director 8.5 Subject: Eastside Transportation Partnership (ETP) Legislative Priorities Recommendation: Endorse 2017 ETP Legislative Priorities Staff Contact: Michael Sauerwein, City Manager 8.6 Subject: Receive Planning Commission Recommended Repealing and Readopting Noise Control Regulations Recommendation: Approve. Result of Recommended Action: Directs staff to prepare an ordinance consistent with the Planning Commission's recommendation and will add this item to the March regular Council meeting for adoption (if ordinance is approved, it will require review by the Department of Ecology before it can go into effect). Staff will draft an ordinance consistent with the Planning Commission's recommendation and will add to the March Council meeting for adoption. Staff Contact: Robert Grumbach, Development Services Director 8.7 Subject: BRC Acoustic Testing and Audiovisual Design On-Call Noise Inspection Contract Recommendation: Approve. Result of Recommended Action: Approval will allow the City Manager to enter into an agreement with BRC to provide on-call and on-site testing and inspection services for new mechanical appliances and systems. Staff Contact: Robert Grumbach, Development Services Director 8.8 Subject: Resolution 390 - Fee Schedule Modification Recommendation: Approve. Result of Recommended Action: Adoption of Resolution 390 will approve modification of several fees on the City's fee schedule.. Staff Contact: Robert Grumbach, Development Services Director 9. PUBLIC HEARING None. 10. OTHER BUSINESS 10.1 Subject: Solid Waste / Recycling Franchise Discussion Recommendation: Discussion item only; no action needed. Result of Recommended Action: Council and staff will discuss the current solid waste/recycling franchise and review other services that may be available to the City. Staff Contact: Michael Sauerwein, City Manager 10.2 Subject: 2017 Planning Commission Work Program Recommendation: Approve. Result of Recommended Action: Approval will set the 2017 Work Plan for the Planning Commission. Staff Contact: Robert Grumbach, Development Services Director 10.3 Subject: Tree Code Follow-up Study Recommendation: Discussion item only; no action needed. Result of Recommended Action: Council will be briefed on how the new tree code is functioning and on recommendations to make improvements. Staff Contact: Robert Grumbach, Development Services Director 10.4 Subject: City Council Agenda Calendar Recommendation: Discussion item only; no action needed. Result of Recommended Action: Council and staff will review upcoming meetings and make necessary changes as needed. Staff Contact: Michael Sauerwein, City Manager 11. PUBLIC COMMENT Comment period is limited to 10 minutes. Speaker comments limited to one minute per person. 12. ADJOURNMENT ADDITIONAL INFORMATION Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Medina City Hall. The agenda items are accessible on the City’s website at www.medina-wa.gov on Thursdays or Fridays prior to the Regular City Council Meeting. UPCOMING MEETINGS Monday, January 23, 2017 City Council Study Session - Tentative (6:30 PM) Monday, February 13, 2017 City Council Regular Meeting - (6:30 PM) Monday, February 20, 2017 President's Day - City Hall Closed Monday, February 27, 2017 City Council Study Session - Tentative (6:30 PM) Monday, March 13, 2017 City Council Regular Meeting – (6:30) Monday March 27, 2017 City Council Study Session - Tentative (6:30 PM) Monday,April 10, 2017 City Council Regular Meeting - (6:30 PM) Monday,April 24, 2017 City Council Study Session - Tentative (6:30 PM) Monday,May 8, 2017 City Council Regular Meeting - (6:30 PM) Monday, May 22, 2017 City Council Study Session - Tentative (6:30 PM) Monday, May 29, 2017 Memorial Day - City Hall Closed Monday, June 12, 2017 City Council Regular Meeting - (6:30 PM) Monday, June 26, 2017 City Council Study Session - Tentative (6:30 PM) Tuesday, July 4, 2017 Independence Day - City Hall Closed Monday, July 10, 2017 City Council Regular Meeting - (6:30 PM) Monday, July 24, 2017 City Council Study Session - Tentative (6:30 PM) Monday, August 14, 2017 City Council Regular Meeting - (6:30 PM) Monday, August 28, 2017 City Council Study Session - Tentative (6:30 PM) Monday, September 4, 2017 Labor Day - City Hall Closed Monday, September 11, 2017 City Council Regular Meeting - (6:30 PM) Monday, September 25, 2017 City Council Study Session - 2018 Budget (5:30 PM) Monday, October 9, 2017 City Council Regular Meeting - (6:30 PM) Monday, October 23, 2017 City Council Study Session - Tentative (6:30 PM) Friday, November 10, 2017 City Hall Closed in Observance of Veterans Day Monday, November 13, 2017 City Council Regular Meeting - (6:30 PM) Thursday and Friday, November 23 - 24, 2017 Thanksgiving and Day After Thanksgiving - City Hall Closed Monday, November 27, 2017 City Council Study Session - Tentative (6:30 PM) Monday, December 11, 2017 City Council Regular Meeting - (6:30 PM) Monday, December 25, 2017 Christmas Day - City Hall Closed In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (425) 233-6410 at least 48 hours prior to the meeting. CERTIFICATION OF POSTING OF AGENDA I, Aimee Kellerman, City Clerk for the City of Medina, declare that the foregoing agenda for the Monday, February 13, 2017 Special and Regular Meeting of the Medina City Council was posted and available for review on Friday, February 10, 2017 at City Hall of the City of Medina, 501 Evergreen Point Road, Medina, WA 98039. The agenda is also available on the city website at www.medina-wa.gov. Signed Friday, February 10, 2017 at Medina, Washington. ________________________ Aimee Kellerman, City Clerk 1 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov Date: February 13, 2017 To: Mayor and City Council From: Michael Sauerwein, City Manager RE: City Manager Report 84th/24th Project Open House Open House On Wednesday, January 18, 2017 the City held an Open House to solicit public input on the two remaining design alternatives for the Westside of 84th Avenue (the Medina Side). Approximately 25 people attended the event. Design Alternatives The Design Alternatives are detailed in the attached November 14, 2016 Agenda Bill. They include: •Alternate A – An overlay on 84th Avenue and improvements to the 84th/24th signalized intersection. •Alternate C – An overlay on 84th Avenue, improvements to the 84th/24th signalized intersection, and a 10-foot Shared Bike Pedestrian Path. Estimated Cost for Design Alternatives The Cities of Medina and Clyde Hill jointly received a $499,000 grant from the Washington State Transportation Improvement Board to help pay for this project. The two Cities have agreed to split the remaining costs. The cost for Alternatives A and C are detailed in the attached November 14, 2016 Agenda Bill. Capital Projects Fund The 84th /24th Project will be paid for out of the City’s Capital Projects Fund. A detail of the 2017 Capital Projects Fund Budget is attached. Next Steps AGENDA ITEM 7 2 • February 13, 2017 City Council Meeting – The City Council will be asked to make a final decision on a preferred design alternative. • February 14, 2017 – City Staff has scheduled a meeting with the Transportation Improvement Board Staff to review the preferred design alternative and request additional funding for the project. • March 23, 2017 – The Transportation Improvement Board will meet and consider our request for additional funding. 2016 City Manager Performance Review – 2017 Objectives Each month I will be giving a brief update on the status of each of these projects. • Aggressively manage the SR 520 expansion joints noise issue to achieve an agreeable resolution o On Friday, January 27, 2017 City Staff received the attached email from Stacey Howery of WSDOT. We anticipate scheduling the next COW Meeting in late February or early March. • Improve and identify possible solutions to help streamline the permitting process. o Selected a Noise Consultant (February 2017) o Follow-Up Study to the Tree Code Amendments (February 2017) o Updating Development Services Department Forms (2nd Quarter of 2017) • Implement a regular survey system to receive feedback from residents regarding city services. Consider a survey to cover the last three years of issued permits. Brief surveys subsequent to development services interaction with residents o Developing Customer Feedback Survey. Using the City of Bellevue’s 2016 Customer Feedback Report as a Model
(Present to the City Council 3rd Quarter of 2017) • Solid Waste – identify custom options for garbage contract and consider moving the city contract to a flexible agreement. Report to council whether such change is desirable and of benefit to residents. (February 2017) AGENDA ITEM 7 3 • Master streets and sidewalks plan including Walkable Medina – Propose to council a plan of action for 2017 and beyond 
(Present to the City Council 3rd Quarter of 2017) • Improve community involvement by considering “open door Friday” and/or monthly availability at a coffee shop for casual communication with residents o I spend a considerable amount of time outside of normal business hours at community events and celebrations. This year we added Coffee with the Mayor and City Manager, 3rd Thursday each month.at Tully’s. • Issuance of Council agenda – maintain the schedule of draft and final agenda as in 2016, as well as the draft minutes issued promptly after council meetings. o City Clerk Aimee Kellerman will continue her excellent work • Sidewalks and trimming bushes – Follow up on the work done in 2016 and expand to cover as much of the city remaining sidewalks. o In 2017 the City budgeted for Seasonal Employees to address this issue. They will start work in the 2nd Quarter of the year. • Quarterly status report on progress in meeting objectives. o The first quarterly status report will be included in the March 2017 City Manager’s Report City Hall Hours of Operation For a couple of months City Staff has been discussing changing our Business Hours from 8:30 AM - 5:00 PM to 7:30 AM - 4:00 PM. It would have the customer service benefit of scheduling appointments for building permits, passports, etc., before people go to work or drop off kids for school and probably reduce employee commute times. Also…our walk-in traffic between 4:00 PM – 5:00 PM is almost nonexistent. Maintenance of the 520 Lids One of the last pieces of the 520 Project is to negotiate responsibilities for long-term maintenance of the Evergreen Point, 84th, and 92nd Lids. Including the Evergreen Point Overlook, currently under construction. Mayor Morcos and I have been meeting with representatives from Clyde Hill, Hunts Point, Yarrow Point, and WSDOT. We will have a report at the City Council Meeting. Up-Coming Meetings AGENDA ITEM 7 4 • Wednesday, February 15, 2017 6:00 PM City Hall – Planning Commission • Thursday, February 16, 2017 10:00 AM, Tully’s – Coffee with the Mayor (and City Manager) • Monday, February 27, 2017 5:00 PM – Parks Board • Monday, March 13, 2017 o 5:00 PM – 7:00 PM City Council Study Session – City Council Guidelines o 7:00 PM – 7:30 PM City Council Study Session – Air Traffic and Airplane Noise o 7:30 PM Regular City Council Meeting. • Thursday, April 6, 2017 6:00 PM – 2017 Public Works and Park Projects Tour. City Council, Parks Board, Planning Commission, Members of the Public AGENDA ITEM 7 Medina City Council Regular Meeting AGENDA ITEM 10.1 Monday, November 14, 2016 AGENDA BILL Subject: 84th Ave NE / NE 24th Project Discussion – Bike Facilities Category: Consent Ordinance Public Hearing City Council Business Resolution Other – Discussion Prepared By: Ryan Osada, Public Works Director Summary: At the October 10 council meeting, the council provided direction that they wanted to “start over” on the 84th Ave/ 24th Street project. While not specifically discussed, there appeared to be several factors contributing to the desire to “start over.” These included: x To receive approved TIB grant funds, the City must have a design that incorporates accommodation for bicycles that meet adopted standards. The grant funding, however, was only one consideration, and many council members indicated this was not a decisive consideration. x The council approved Option 1.5 (which included a shared bike/ travel lane), but this design did not meet adopted City road standards and the City Engineer Consultant determined he could not justify approving a deviation from adopted standards to allow for the approved design. x There were concerns with the road design that shifted the travel lanes two feet westward to accommodate Clyde Hill’s preferred bike lane design. x There was strong opposition from Medina Circle residents who did not want the fence, which is located within public street rights-of-way, to be moved inwards towards their property. x There were concerns about cutting a significant number of trees along the Medina side of 84th Avenue to accommodate the new bike/ pedestrian path. x There was confusion over the meaning of Growth Management Act provisions and King County Wide Planning Policies requirements for Cities to incorporate non-motorized transportation facilities such as bike facilities into our comprehensive plan. The confusion was whether the City was required by law to include bike lanes with this project. It should be noted that we are required to plan for these, but the laws are silent about the timing on when you might want to implement them. In “starting over” Medina and Clyde Hill still have a chance for an extension of the $499,300 TIB grant already awarded. The key question is whether the City wants to incorporate a bike facility into the project that meets adopted standards. Relating to this, Greg Armstrong (TIB) noted that a decision needs to be made within the next 3 to 4 months to keep this project on track with any grant funding. If the cities continue to show progress, TIB may even allow some time beyond that. He did caution however, that if no design decision progress is made soon, they may take another look at the viability of the $499,300 grant and officially take it away. The primary question staff needs answered from the City Council is whether to move forward with a project design that includes a bike lane on the west side of 84th Avenue NE. Medina City Council Regular Meeting AGENDA ITEM 10.1 Monday, November 14, 2016 Staff asked the City Engineer Consultant Roger Kuykendall to come up with two new design alternatives referred to as “B” & “C”. Design alternative “A” is the basic overlay and signal improvements. x Alternative B is a variation of a previous presented design where one of the southbound lanes is converted into a bicycle facility. This alternative includes two travel lanes coming out of the roundabout transitioning into one southbound travel lane with the other southbound lane converted into a bicycle facility. Additional information on this design alternative will be presented at the council meeting. x Alternative C is new and would maintain the two southbound travel lanes as they are currently configured. We would redevelop the area between the Medina Circle fence and the southbound travel lanes to build an 8 to 10-foot wide bicycle/ pedestrian pathway. Because the travel lanes do not shift west two feet as discussed in previous options, this alternative can be implemented without affecting the fence location for Medina Circle. Both alternatives require the removal of trees along 84th Avenue NE. Alternative C, however, requires a complete landscaping redesign. Additional information on this design alternative will be presented at the council meeting. If the City Council decides to move forward with incorporating a bike facility into this project, the details of the design will be further refined and the City staff will schedule an open house to receive further public comments. This would likely be in January. Attachments: 1. Design Elements 2. A, B & C Cost Estimate 3. Summary of Alternatives Budget/Fiscal Impact: $323,000 to $855,000 ($249,650 is reimbursed through the TIB grant for B & C only, with the remaining paid by the Capital Project Fund, which has sufficient funds to include this project in 2017) Staff Recommendation: Provide staff direction City Manager Approval: Proposed Council Motion: Move to approve the draft design presented under … ALTERNATIVE A, which excludes a bike facility; or … ALTERNATIVE B, which includes converting an existing southbound travel lane into a bike facility; or … ALTERNATIVE C, which includes adding a 8 to 10-foot wide bike/ pedestrian pathway to the two southbound travel lanes; AND direct the City Manager to move forward on a final design and schedule an open house to receive public input on the final design; AND to bring the final design back to the City Council for input ATT A C H M E N T 1 ATT A C H M E N T 1 ITEM ESTIMATED UNIT ESTIMATED UNIT ESTIMATED UNIT NO.DESCRIPTION QUANTITY PRICE AMOUNT QUANTITY PRICE AMOUNT QUANTITY PRICE AMOUNT 1. Unexpected Site Changes (1-04)1 CALC 5,000$ 5,000$ 1 CALC 5,000$ 5,000$ 1 CALC 5,000$ 5,000$ 2. Roadway Surveying (1-05)1 LS 1,500$ 1,500$ 1 LS 6,000$ 6,000$ 1 LS 6,000$ 6,000$ 3. SPCC Plan (1-07)1 LS 800$ 800$ 1 LS 800$ 800$ 1 LS 800$ 800$ 4. Mobilization, Cleanup, and Demobilization (1-09)1 LS 30,000$ 30,000$ 1 LS 59,000$ 59,000$ 1 LS 64,000$ 64,000$ 5. Project Temporary Traffic Control (1-10)1 LS 20,000$ 20,000$ 1 LS 50,000$ 50,000$ 1 LS 45,000$ 45,000$ 6. Clearing and Grubbing (2-01)0 LS -$ -$ 1 LS 20,000$ 20,000$ 1 LS 23,000$ 23,000$ 7. Roadside Cleanup (2-01)1 LS 3,000$ 3,000$ 1 LS 3,000$ 3,000$ 1 LS 3,000$ 3,000$ 8. Removal of Structure and Obstruction (2-02)0 LS -$ -$ 1 LS 12,000$ 12,000$ 1 LS 12,000$ 12,000$ 9. Adjust Existing Structure to Grade (2-02)9 EA 500$ 4,500$ 4 EA 500$ 2,000$ 9 EA 500$ 4,500$ 10.Excavation, Embankment and Grading, Incl. Haul (2-03)0 CY 35$ -$ 550 CY 35$ 19,250$ 640 CY 35$ 22,400$ 11. Gravel Borrow, Incl. Haul (2-03.5)0TN 40$ -$ 50 TN 40$ 2,000$ 50 TN 40$ 2,000$ 12. Unsuitable Foundation Excavation, Incl. Haul (2-03.5)0 CY 50$ -$ 20 CY 50$ 1,000$ 20 CY 50$ 1,000$ 13. Locate Existing Utilities (2-09.5)0 LS -$ -$ 1 LS 4,000$ 4,000$ 1 LS 4,000$ 4,000$ 14. Crushed Surfacing Top Course (4-04.5)0TN 40$ -$ 590 TN 40$ 23,600$ 620 TN 40$ 24,800$ 15. Planing Bituminous Pavement (5-04.5)3,050 SY 5.50$ 16,775$ 3,050 SY 5.50$ 16,775$ 3,050 SY 5.50$ 16,775$ 16. HMA Cl. 1/2" PG 64-22 (5-04.5)370 TN 85$ 31,450$ 520 TN 85$ 44,200$ 500 TN 85$ 42,500$ 17. HMA for Pavement Repair Cl. 1/2" PG 64-22 (5-04.5)25 TN 105$ 2,625$ 25 TN 105$ 2,625$ 25 TN 105$ 2,625$ 18. HMA for Shared Use Path Cl. 1/2" PG 64-22 (5-05.5)0TN 160$ -$ 65 TN 160$ 10,400$ 170 TN 160$ 27,200$ 19. Pavement Repair Excavation Incl. Haul (5-04.5)100 SY 40$ 4,000$ 100 SY 40$ 4,000$ 100 SY 40$ 4,000$ 20. Solid Wall PVC Storm Sewer Pipe 12 In. Diam. (7-04.5)0 LF 100$ -$ 20 LF 100$ 2,000$ 20 LF 100$ 2,000$ 21. Catch Basin Type 1 (7-05.5)0 EA 1,200$ -$ 5 EA 1,200$ 6,000$ 5 EA 1,200$ 6,000$ 22. Bank Run Gravel for Trench Backfill (7-08.5 )0TN 25$ -$ 10 TN 25$ 250$ 10 TN 25$ 250$ 23. Removal of Unsuitable Material (Trench) (7-08.5)0 CY 30$ -$ 5 CY 30$ 150$ 5 CY 30$ 150$ 24. Trench Excavation Safety Systems (7-08.5)1 LS 500$ 500$ 1 LS 500$ 500$ 1 LS 500$ 500$ 25. Erosion/Water Pollution Control (8-01.5)1 LS 2,000$ 2,000$ 1 LS 5,000$ 5,000$ 1 LS 5,000$ 5,000$ 26. Topsoil, Type A (8-01.5)0 CY 50$ -$ 180 CY 50$ 9,000$ 190 CY 50$ 9,500$ 27. Bark Mulch (8-01.5)0 CY 65$ -$ 65 CY 65$ 4,225$ 65 CY 65$ 4,225$ 28. Seeded Lawn Installation (8-01.5)0 SY 8$ -$ 570 SY 8$ 4,560$ 610 SY 8$ 4,880$ 29. Replacement Trees (8-02.5)0 EA 1,000$ -$ 23 EA 1,000$ 23,000$ 30 EA 1,000$ 30,000$ 30. Cement Concrete Traffic Curb and Gutter (8-04.5)0 LF 16$ -$ 1,500 LF 16$ 24,000$ 1,500 LF 16$ 24,000$ 31. Cement Concrete Driveway Entrance (8-06.5)0 SY 50$ -$ 10 SY 50$ 500$ 10 SY 50$ 500$ 32. Raised Pavement Marker Type 1 (8-09.5)7.1 HUND 300$ 2,130$ 8.0 HUND 300$ 2,400$ 8.0 HUND 300$ 2,400$ 33. Raised Pavement Marker Type 2 (8-09.5)0.3 HUND 300$ 90$ 1.0 HUND 300$ 300$ 1.0 HUND 300$ 300$ 34. Sidepath Railing (8-12.5)0 LF 50$ -$ 480 LF 50$ 24,000$ 650 LF 50$ 32,500$ 35. Fence (Chain Link or Wood) (8-12.5)0 LF 35$ -$ 0 LF 30$ -$ 990 LF 35$ 34,650$ 36. Cement Conc. Sidewalk (8-14.5)0 SY 50$ -$ 450 SY 50$ 22,500$ 30 SY 50$ 1,500$ 37. Cement Conc. Sidewalk Ramp, Type Perpendicular A (8-14.5)2 EA 2,000$ 4,000$ 1 EA 2,000$ 2,000$ 2 EA 2,000$ 4,000$ 38. Cement Conc. Sidewalk Type Single Direction (8-14.5)0 EA 1,750$ -$ 4 EA 1,750$ 7,000$ 3 EA 1,750$ 5,250$ 39. Permanent Signing (8-21.5)0 LS -$ -$ 1 LS 5,000$ 5,000$ 1 LS 5,000$ 5,000$ 40. Paint Line (8-22.5)1,050 LF 2$ 1,575$ 3,500 LF 2$ 5,250$ 2,800 LF 2$ 4,200$ 41. Traffic Arrows (8-22.5)5 EA 100$ 500$ 9 EA 100$ 900$ 7 EA 100$ 700$ 42. Plastic Crosswalk Line (8-22.5)200 SF 10$ 2,000$ 510 SF 10$ 5,100$ 470 SF 10$ 4,700$ 43. Plastic Stop Line (8-22.5)20 LF 15$ 300$ 80 LF 15$ 1,200$ 70 LF 15$ 1,050$ 44. Painted Bicycle Lane Symbol (8-22.5)0 EA 100$ -$ 5 EA 100$ 500$ 1 EA 100$ 100$ 45. Retaining Wall (8-24.5)0 SF 25$ -$ 1,500 SF 35$ 52,500$ 3,500 SF 35$ 122,500$ Subtotal 132,745$ 493,485$ 616,455$ Construction Contingencies (10%)13,275$ 49,349$ 61,646$ TOTAL (ROUNDED)147,000$ 543,000$ 679,000$ JOINT PROJECT ELEMENTS (MEDINA'S SHARE (ONLY) SHOWN BELOW) 1. Signalized Intersection 84th/24th 1 LS 150,000$ 150,000$ 1 LS 150,000$ 150,000$ 1 LS 150,000$ 150,000$ 2. Illumination System 84th/24th 1 LS 10,000$ 10,000$ 1 LS 10,000$ 10,000$ 1 LS 10,000$ 10,000$ Subtotal 160,000$ 160,000$ 160,000$ Construction Contingencies (10%)16,000$ 16,000$ 16,000$ TOTAL (ROUNDED)176,000$ 176,000$ 176,000$ TOTAL CONSTRUCTION COST 323,000$ 719,000$ 855,000$ OPTION A: Grind and Overlay OPTION B: 11' Travel Lane and 5' Bike Lane OPTION C: 2-11' Travel Lanes with 10' Side Path CITY OF MEDINA 84TH AVENUE/24TH STREET IMPROVEMENT PROJECT CONSTRUCTION COST COMPARISON November 10, 2016 G &O #16602.00 ATTACHMENT 2 NO . AS S U M P T I O N NO . AS S U M P T I O N NO . AS S U M P T I O N 1 Lim i t s : N o r t h e r l y s t o p b a r a t 2 4 t h S t r e e t n o r t h t o e x i s t i n g jo i n t a t W S D O T ' s p r o j e c t . 1 Li m i t s : S o u t h e r l y s t o p b a r a t 2 4 t h n o r t h t o t h e e x i s t i n g jo i n t a t W S D O T ' s p r o j e c t ( a l s o i n c l u d e s t h e m i n o r ro a d w a y w i d e n i n g s o u t h o f 2 4 t h S t r e e t ) 1 Li m i t s : S o u t h e r l y s t o p b a r a t 2 4 t h n o r t h t o t h e e x i s t i n g jo i n t a t W S D O T ' s p r o j e c t ( a l s o i n c l u d e s t h e m i n o r ro a d w a y w i d e n i n g s o u t h o f 2 4 t h S t r e e t ) 2 De s i g n c e n t e r l i n e i s b a s e d o n t h e e x i s t i n g c e n t e r l i n e st r i p e 2 De s i g n c e n t e r l i n e i s b a s e d o n t h e e x i s t i n g c e n t e r l i n e st r i p e 2 De s i g n c e n t e r l i n e i s b a s e d o n t h e e x i s t i n g c e n t e r l i n e st r i p e 3 2- i n c h o v e r l a y d e p t h 3 2- i n c h o v e r l a y d e p t h 3 2- i n c h o v e r l a y d e p t h 4 F u l l - w i d t h g r i n d 4 Ne w p a v e m e n t s e c t i o n ( a d j a c e n t t o n e w c u r b s ) i n c l u d e s 2- i n c h e s o f H M A o v e r 6 - i n c h e s o f C S T C 4 Ne w p a v e m e n t s e c t i o n ( a d j a c e n t t o n e w c u r b s ) i n c l u d e s 2- i n c h e s o f H M A o v e r 6 - i n c h e s o f C S T C 5 R o a d w a y s u r v e y i n g p r o v i d e d f o r n e w c u r b r a m p s 5 Sh a r e d - U s e P a t h i s 2 - i n c h e s o f H M A o v e r 4 - i n c h e s o f Cr u s h e d S u r f a c i n g T o p C o u r s e 5 Sh a r e d - U s e P a t h i s 2 - i n c h e s o f H M A o v e r 4 - i n c h e s o f Cr u s h e d S u r f a c i n g T o p C o u r s e 6 N e w A D A r a m p s a t M e d i n a C i r c l e 6 Sh a r e d - U s e P a t h e x t e n d s f r o m 2 8 t h S t r e e t t o M e d i n a Ci r c l e 6 A c o n c r e t e s h a r e d - u s e p a t h w i l l c o s t a n a d d i t i o n a l $2 8 , 0 0 0 7 A l l e x i s t i n g u t i l i t i e s w i l l b e a d j u s t e d t o f i n i s h e d g r a d e . 7 A c o n c r e t e s h a r e d - u s e p a t h w i l l c o s t a n a d d i t i o n a l $1 0 , 0 0 0 7 E x i s t i n g c a t c h b a s i n s a r e r e p l a c e d w i t h n e w b a s i n s OP T I O N A : G r i n d a n d O v e r l a y OP T I O N B : 1 1 ' T r a v e l L a n e a n d 5 ' B i k e L a n e OP T I O N C : 2 - 1 1 ' T r a v e l L a n e s w i t h 1 0 ' S i d e P a t h CI T Y O F M E D I N A 84 T H A V E N U E / 2 4 T H S T R E E T I M P R O V E M E N T P R O J E C T AS S U M P T I O N S No v e m b e r 2 , 2 0 1 6 G & O # 1 6 6 0 2 . 0 0 AT T A C H M E N T 2 CI T Y O F M E D I N A 84 T H A V E / 2 4 T H S T I M P R O V E M E N T S EX I S T I N G I n s i d e T r a v e l L a n e Ou t s i d e T r a v e l La n e B i k e L a n e T h i c k e n e d E d g e Si d e w a l k Pl a n t e r S i d e w a l k O u t e r P l a n t e r W i d t h A v a i l a b l e Ex i s t i n g S o u t h 10 . 5 11 0 1. 5 8. 5 4 15 50 . 5 Ex i s t i n g M i d d l e 10 . 5 11 0 1. 5 7 4 1. 5 35 . 5 t o 4 0 . 5 Ex i s t i n g N o r t h 10 . 5 11 0 1. 5 6. 5 4 6 39 . 5 t o 4 6 . 5 OP T I O N A I n s i d e T r a v e l L a n e Ou t s i d e T r a v e l La n e B i k e L a n e T h i c k e n e d E d g e Si d e w a l k Pl a n t e r S i d e w a l k O u t e r P l a n t e r W i d t h A v a i l a b l e Ov e r l a y S o u t h 11 11 0 1 8. 5 4 15 50 . 5 Ov e r l a y M i d d l e 11 11 0 1 7 4 1. 5 35 . 5 t o 4 0 . 5 Ov e r l a y N o r t h 11 11 0 1 6. 5 4 13 39 . 5 t o 4 6 . 5 OP T I O N B I n s i d e T r a v e l L a n e Ou t s i d e T r a v e l La n e B i k e L a n e / M e d i a n C u r b Si d e w a l k Pl a n t e r S i d e w a l k O u t e r P l a n t e r W i d t h A v a i l a b l e Bi k e L a n e S o u t h 11 0 10 0. 5 11 5 13 50 . 5 Bi k e L a n e M i d d l e 11 0 10 0. 5 5 5 4 35 . 5 t o 4 0 . 5 Bi k e L a n e N o r t h 11 0 10 0. 5 8 5 5 39 . 5 t o 4 6 . 5 OP T I O N C I n s i d e T r a v e l L a n e Ou t s i d e T r a v e l La n e B i k e L a n e C u r b Si d e w a l k Pl a n t e r M u l t i - U s e P a t h O u t e r P l a n t e r W i d t h A v a i l a b l e Si d e P a t h S o u t h 11 11 0 0. 5 10 10 8 50 . 5 Si d e P a t h M i d d l e 11 11 0 0. 5 2 10 1 35 . 5 t o 4 0 . 5 Si d e P a t h N o r t h 11 11 0 0. 5 4 10 3 39 . 5 t o 4 6 . 5 No t e 2 : M i d d l e p o r t i o n : f r o m P S E D r i v e w a y t o M e d i a n C i r c l e No t e 3 : N o r t h p o r t i o n : n o r t h o f M e d i n a C i r c l e No t e 6 : P l a n t e r w i d t h s a r e v a r i a b l e d u e t o m e a n d e r i n g s i d e w a l k a n d f e n c e s . No t e 1 : S o u t h p o r t i o n : s o u t h o f P S E D r i v e w a y . D o e s n o t i n c l u d e e x t r a l a n e s a t i n t e r s e c t i o n w i t h 2 4 t h S t . 84 T H A V E N U E D E S I G N E L E M E N T W I D T H S No t e 5 : P o r t i o n s o f o u t e r p l a n t e r m a y r e q u i r e a s h o r t w a l l . No t e 4 : W i d t h A v a i l a b l e i s t h e w i d t h b e t w e e n t h e p a i n t e d c e n t e r l i n e a n d t h e e x i s t i n g f e n c e s . 11 / 1 0 / 2 0 1 6 AT T A C H M E N T 3 Updated 2-8-2017 2017 Capital Projects Fund Beginning Fund Balance 1,402,776.00$ Revenue 1,089,290.00$ Transfer to Street Fund (40,000.00)$ TOTAL BUDGET 2,452,066.00$ 2017 Projects Overlake Dr. Bridge Railing 120,000.00$ WSDOT Camera Partnership 30,000.00$ City Hall Parking Lot 100,000.00$ Upland Road Overlay 40,000.00$ 78th Place NE Overlay 40,000.00$ 86th Ave NE Overlay 40,000.00$ Evergreen PR Sidewalk Design 50,000.00$ Medina Park Ponds (Grant)190,000.00$ Park Projects 31,000.00$ Street Sidewalk Master Plan 50,000.00$ Total 2017 Projects 691,000.00$ 84th Ave/24th St Project Option A $323,000 - $0.00 Grant = $323,000 Total with 2017 Projects 1,014,000.00$ 2017 Ending Fund Balance 1,438,066.00$ Option C $855,000 - $250,000 Grant = $605,000 Total with 2017 Projects 1,296,000.00$ 2017 Ending Fund Balance 1,156,066.00$ 2014 Ending Fund Balance 911,568.00$ 2015 Ending Fund Balance 1,450,128.00$ 2016 Ending Fund Balance 1,402,776.00$ From: Mageba Sent: Wednesday, January 18, 2017 To: WSDOT Subject: RE: SR520 - Noise evaluation for WSDOT - Update I apologize for the delayed reply on this matter, but I want to let you know that we have been working on the solutions to mitigate the noise on these joints. First, we have created a new rubber profile with a “U” shape geometry and “ribs” to help the bond the foam. This seal will be able to accommodate the foam much better than the standard “V” shape seal. “U” shaped rubber seal Second, we have been testing 6 different foam materials and adhesives (including the Japanese foam) in order to provide a solution that can perform well and be durable. For your reference please find attached a picture report of foam the foam solution installed in Japan. Test with different foam materials Picture - Low temperature test Based on the tests results, we would like to select the 3 best options and do an on-site test on the LR16- WN joint, as shown in below snapshot. Basically each traffic lane will have a different foam material. The test joint with all 3 foam types can then be opened to traffic for a period of time (6 months would be recommended) allowing us to do visual inspections and to finally determine which one performs best. Proposal with 3 solutions for evaluation: Our tests should be done by next week. Thereafter we should be able to provide you with a commercial proposal and timelines for the on-site testing. Hope that our course of action is acceptable for you. 01 - A 1 側 : 全 体 02 - A 1 側 : 車 道 部 03 - A 1 側 : 車 道 部 04 - A 1 側 : 歩 車 道 分 離 帯 部 新大 乗 寺 橋 ( A 1 側 ) m a g e b a - J o i n t   遊 間 間 詰 材 の 調 査     調 査 日 : 平 成 2 8 年 9 月 2 6 日 ( 月 )   天 候 : 雨 時 々 く も り   気 温 :2 7 ℃ ※ 接 着 も 良 好 で 間 詰 材 の 剥 が れ 脱 落 な ど 全 く 無 く 良 好 な 状 態 を 維 持 し て い る 。 1 両面 テ ー プ 仕 様 間 詰 め 材 施 工 : 平 成 2 8 年 4 月 1 4 ~ 1 6 日 に て 実 施 05 - A 1 側 : 地 覆 部 06 - A 1 側 : 間 詰 材 の 接 着 の 様 子 07 - A 1 側 : 間 詰 材 の 接 着 の 様 子 08 - A 1 側 : 側 面 か ら の 様 子 新大 乗 寺 橋 ( A 1 側 ) m a g e b a - J o i n t   遊 間 間 詰 材 の 調 査     調 査 日 : 平 成 2 8 年 9 月 2 6 日 ( 月 )   天 候 : 雨 時 々 く も り   気 温 :2 7 ℃ 2 01 - A 2 側 : 全 体 02 - A 2 側 : 車 道 部 03 - A 2 側 : 車 道 部 04 - A 2 側 : 歩 車 道 分 離 帯 部 新大 乗 寺 橋 ( A 2 側 ) m a g e b a - J o i n t   遊 間 間 詰 材 の 調 査     調 査 日 : 平 成 2 8 年 9 月 2 6 日 ( 月 )   天 候 : 雨 時 々 く も り   気 温 :2 7 ℃ ※ 接 着 も 良 好 で 間 詰 材 の 剥 が れ 脱 落 な ど 全 く 無 く 良 好 な 状 態 を 維 持 し て い る 。 3 両面 テ ー プ 仕 様 間 詰 め 材 施 工 : 平 成 2 8 年 4 月 1 4 ~ 1 6 日 に て 実 施 05 - A 2 側 : 地 覆 部 06 - A 2 側 : 間 詰 材 の 接 着 の 様 子 07 - A 2 側 : 間 詰 材 の 接 着 の 様 子 08 - A 2 側 : 側 面 か ら の 様 子 新大 乗 寺 橋 ( A 2 側 ) m a g e b a - J o i n t   遊 間 間 詰 材 の 調 査     調 査 日 : 平 成 2 8 年 9 月 2 6 日 ( 月 )   天 候 : 雨 時 々 く も り   気 温 :2 7 ℃ 4 MEDINA POLICE DEPARTMENT DATE: February 1, 2017 TO: City Manager Michael Sauerwein FROM: Chief Stephen R. Burns RE: Police Department Update – January 2017 ________________________________________________________________________ The following is a brief summary of Medina Police Department activity in January 2017. Arrests made in 2016 Burglaries: Prolific burglary suspects responsible for a record number of burglaries on the Eastside of King County, including four burglaries in Medina in 2016, were arrested in January. An extensive police investigation spanning nearly nine months and involving five police agencies from Bellevue, Kirkland, Seattle, Medina and Clyde Hill. The suspect’s targeted high-end homes were responsible for nearly $3 million in loss and over 123 burglaries throughout the region. 2016 Employee of the Year - Medina Police Records Manager Jen Newton was selected as the 2016 Medina Police Department Employee of the Year. Jen has done an outstanding job of updating the records management system, supports the community by organizing Shredder Day, and goes out of her way to assist citizens when they visit the police department either in person or over the phone. 20-Year Recognition - On January 1st, Police Officer Emmet Knott celebrated 20 years of service with the Medina Police Department. Throughout his career in Medina, Emmet has had a positive influence in the community because of his outgoing and optimistic attitude. Heactively engages with the community, listens to their needs, and has been the model of “community policing”. AGENDA ITEM 7.1a AGENDA ITEM 7.1a AGENDA ITEM 7.1a AGENDA ITEM 7.1a AGENDA ITEM 7.1a 2017 Burglaries & Vehicle Prowls Medina & Hunts Point Attempted Burglaries Committed Vehicle Prowls AGENDA ITEM 7.1a 1 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov February 13, 2017 To: Honorable Mayor and City Council Via: Michael Sauerwein, City Manager From: Robert J. Grumbach, Director of Development Services Subject: Development Services Department Monthly Report DEPARTMENT PERMITTING ACTIVITY Applications Received January 1 to January 31: LAND USE APPLICATIONS: File No. Description Location PL-17-001 Shoreline Exemption 1651 73rd Avenue NE CMP-17-001 Level II CMP 8400 NE 7th Street BUILDING PERMIT APPLICATIONS: Type Applications Received Building Permits 6 Mechanical Permits 6 Plumbing Permits 2 Demolition Permits 1 Roof/ Reroof Permits 0 Gate/ Fence Permits 1 Total 16 GRADING & DRAINAGE/ RIGHT-OF-WAY PERMIT APPLICATIONS: Type Applications Received Grading/ Drainage 1 Right-of-way Permits 8 Total 9 AGENDA ITEM 7.1b AGENDA ITEM 7.1b 2 TREE PERMIT APPLICATIONS: File No. Description Location TREE-17-001 Admin Tree Permit 8400 NE 7th Street TREE-17-002 Admin Tree Permit 3101 Evergreen Pt. Rd Land Use Decisions Issued: TYPE 3 DECISIONS - HEARING EXAMINER/ PLANNING COMMISSION: File No. Description Location Decision CMP-16-023 Level 2 CMP 1625 Rambling Lane Approved PL-16-034/PL-16-036 Non-Admin SUP/ Variances 7800 NE 28th Street Approved TYPE 2 DECISIONS DIRECTOR: File No. Description Location Decision CMP-16-017 Level 1 Tailored CMP 3311 Evergreen Pt. Rd. Approved CMP-16-024 Level 1 Tailored CMP 911 87th Avenue NE Approved YEAR TO DATE TOTALS TYPE 2/ 3 DECISIONS: Decision Type Total Variances/ Minor Deviations 1 Conditional/ Special Use Permits 1 Shoreline Permits (All) 0 Site Plan Reviews 0 SEPA 0 Short Subdivision/ Subdivision 0 Level 1/ 2 Tailored Construction Mitigation Plans 3 Non-administrative Tree Activity Permit 0 Others 0 Total 5 PLANNING COMMISSION January Meeting Recap: The Planning Commission elected Shawn Schubring as the Chair and Randy Reeves as the Vice Chair for 2017. Following the election, a pre-decision hearing was held on a Level 2 Tailored Construction Mitigation Plan (File No. CMP-16-023). The address is 1625 Rambling Lane. The applicant was Ed Horner. The proposal was to construct a new addition to an existing single-family home. The work included 30 cubic yards of grading and will occur within a geologically hazard area (steep slope buffer). After deliberating, the Planning Commission approved the application. Next the Planning Commission continued their discussion on the code amendment proposal to repeal and re-adopt new noise control regulations. After discussion, the AGENDA ITEM 7.1b AGENDA ITEM 7.1b 3 commissioners voted to forward a recommendation to the City Council. Finally, the commissioners discussed their 2017 work program. After deliberating, they voted to forward a proposed work program to the City Council for their consideration. The February 28 Planning Commission meeting is rescheduled to 6:30 pm on Wednesday, February 15. OTHER ITEMS OF INTEREST 1. The hearing examiner will hold a pre-decision hearing on a non-administrative variance request on Wednesday, February 15, 2017. The applicant is requesting a reduction to a rear property line setback from 25 feet to 10 feet. The application is File No. PL-16-044. The location is 8700 NE 11th Street. 2. Department staff is working with Otak to update all of the permit application forms, checklists, and handouts. We are hoping to complete having new application forms and checklists available online within the next couple of months. This was a project started a couple of years ago and then placed on hold when our help left Otak. The handouts do not have a date for completion at this time. 3. Department staff is reviewing open mechanical permits to develop a plan to close these out. See Agenda Item 8.7 for information about the problem. We will contact property owners to notifying them about the open mechanical permit and work with them to resolve these. As we are only in the planning stages at this point, we have not set a date for the notices. 4. Closing the books on 2016, Development Services issued 338 permits and conducted 1,458 inspections. The total valuation of the construction work was about $40.5 million. While the number of permits and valuation were about a 13 percent and 33 percent respectively decrease in activity and valuation, inspections saw a 24 percent increase. Please note that starting with the next monthly report; we will no longer include the numbers associated with renewals. The reason for this is that renewals represent on-going projects and we want to focus on new activity in our reporting. AGENDA ITEM 7.1b Permit Report December, 2016 2016 2015 Current Current 2016 2015 Month Month YTD YTD Difference Construction Value New Construction 6,592,204 1,828,675 23,752,518 17,409,648 $6,342,870 Permit Renewals 0 17,002,685 9,561,593 33,939,499 ($24,377,906) Addition / Alteration 496,250 3,038,001 6,494,344 5,480,478 $1,013,866 Accessory Structure 0 674,348 586,385 2,792,898 ($2,206,513) Repair / Replace 0 0 4,600 45,000 ($40,400) Fence/Wall 0 7,800 97,931 1,210,645 ($1,112,714) Wireless Comm Facility 0 50,000 0 105,740 ($105,740) TOTAL VALUE 7,088,454 22,601,509 40,497,371 60,983,908 -20,486,537 Permits Issued New Construction 3 1 11 11 0 Permit Renewals 0 4 8 26 (18) Addition / Alteration 2 5 25 23 2 Accessory Structure 0 3 4 20 (16) Fence/Wall 0 1 6 13 (7) Demolition 3 4 9 17 (8) Grading/Drainage 3 5 22 31 (9) Tree Mitigation 6 7 44 42 2 Mechanical 8 7 85 90 (5) Plumbing/Gas 2 0 32 0 32 Other - Moving 0 0 0 1 (1) Reroof 0 0 5 5 0 Repair / Replace 0 0 1 3 (2) Right-of-Way Use 4 5 70 84 (14) Construction Mitigation 2 3 16 17 (1) Wireless Comm Facility 0 1 0 4 (4) TOTAL PERMITS 33 46 338 387 -49 Inspections Building 57 37 637 579 58 Construction Mitigation 2 3 112 61 51 Grading/Drainage 16 9 227 177 50 Tree Mitigation 8 11 172 161 11 Right-of-Way 12 7 310 209 101 TOTAL INSPECTIONS 95 67 1,458 1,187 271 CITY OF MEDINA February 13, 2017 To: Mayor and City Council From: Julie Ketter, Acting Finance Director Re: December 2016 Financial Reporting The December 2016 Reporting includes: •December 2016 Revenue & Expense Summary •December 2016 Cash Balances •January – December 2016 Cashflow report •December 2016 Comparative Summary by Fund •December 2016 Final AP Check Register Activity Detail (8.4a) Key Items for December YTD include: •The last Accounts Payable Run of 2016 to account for the 2016 Open Period Expenditure invoicing of 12/31/2016-1/20/2017 per RCW35SA.33.150. GENERAL FUND Revenue: •Property Tax ended the year at $2.676M, matching the 2016 Property Tax Levy estimates. •Sales Tax Revenues ended the year at $1.039M for December YTD, compared to an estimated budget of $1.172M. •Utility Tax and Franchise Fees ended the year at $482K for December YTD, compared to an estimated budget of $505K. •Licenses and Permits Revenue ended the year at $477K, compared to budget of $438K. •Planning and Development Revenue ended the year at $324K, compared to a budget of $340K. •Hunts Point paid 4 quarters of contracted support plus 2015’s 4th quarter amount. •Facility Lease Revenue: Wireless Lease Revenues are $53K at year-end. Post Office Lease Revenue is $84K at year-end ($7,040 per month). General Fund Transfers: •$700K was transferred from the Capital Reserve Fund to the General Fund to help cover the $1.7M Legal Settlement that was paid from the General Fund in the January 2016 period. The expenditure will be reported in Central Services. •In December, $1.1M was transferred from the Capital Reserve Fund to the General Fund to reduce the General Fund Debt Obligation (US Bank Loan on the Post Office Bond). Expense: •Finance: The Annual WCIA Insurance Liability premiums are paid in January. For the Jan-December period, the SharePoint Project incurred $119K. •Legal: City Attorney & Special Counsel fees are at $291K as of December YTD vs Budget of $320K for the year. •Central Services: a Legal Settlement in the amount of $1.7M was paid in January 2016 to settle the Roger Skinner v. City of Medina lawsuit. AGENDA ITEM 7.1c cc • Emergency Preparedness: Emergency Preparedness duties were shifted into the Police Department. Going forward, the Direct Labor Expense will be tracked in Salaries & Wages. Unbudgeted Federal Grant expenses of $5,950 were incurred in 2016, which are offset by Federal Grant reimbursement. • Recreational Services: Bellevue Boys and Girls Club received $20K from the City of Medina in February. The recreational service will be tracked along with Lifeguard Services in the recreational/lifeguard services budget. STREET FUND • National Pollution Discharge Elimination (NPDES) Revenue has been reduced by the State from $50K to $25K. TREE FUND • Revenue of $214K has been received for tree replacements in 2016 from mitigations. CAPITAL PROJECTS FUND Revenue: • Real Estate Excise Tax (REET) Revenues are booked one month in arrears, ending the year at $943K vs. budgeted REET of $723K. Expense: • Capital project expenditures ended the year at $876K vs. 2016 budget of $1.355M. $450K is being carried over to the 2017 budget. AGENDA ITEM 7.1c cc City of Medina Revenue & Expense Summary December 2016 REVENUE: DEC ACTUAL DEC YTD ACTUAL 2016 ANNUAL BUDGET % of Budget Total BUDGET REMAININGGeneral Fund Property Tax $12,126 $2,675,752 $2,676,594 99.97%$842 Sales Tax $66,303 $1,038,730 $1,172,325 88.60%$133,595 Criminal Justice $6,976 $84,920 $78,282 108.48%($6,638) B & O Tax: Utility & Franchise Fee $2,138 $482,326 $504,867 95.54%$22,541 Leasehold Excise Tax $429 $3,686 $3,861 95.47%$175 Licenses & Permits $70,857 $476,520 $438,480 108.68%($38,040) Intergovernmental $74,437 $380,439 $326,661 116.46%($53,778) Planning & Development, Passport $36,864 $323,798 $340,100 95.21%$16,302 Fines, Penalties, Traffic Infr.$2,678 $48,199 $60,000 80.33%$11,801 Misc. Invest. Facility Leases $1,460 $157,280 $147,079 106.94%($10,201) Other Revenue, Dispositions $3,350 $6,020 $1,000 602.03%($5,020) General Fund Total $277,617 $5,677,670 $5,749,249 98.75% $71,579 General Fund Transfers In $1,100,000 $1,800,000 $1,800,000 100.00%$0 Street Fund $5,842 $66,903 $112,250 59.60%$45,347 Street Fund Transfers In $20,833 $249,996 $250,000 100.00%$4 Tree Fund $0 $214,049 $0 0.00%($214,049) Capital Reserve Fund $837 $10,827 $19,292 56.12%$8,465 Capital Fund $161,249 $1,078,284 $1,243,266 86.73%$164,982Total (All Funds)$445,545 $7,047,734 $7,124,057 98.93% $76,323 Total (All Funds) Transfers In $1,120,833 $2,049,996 $2,050,000 100.00%$4 EXPENDITURES:DEC ACTUAL DEC YTD ACTUAL 2016 ANNUAL BUDGET % of Budget Total BUDGET REMAININGGeneral Fund Legislative $1,732 $33,017 $35,359 93.38%$2,342 Municipal Court $8,570 $75,070 $93,200 80.55%$18,130 Executive $32,989 $244,002 $254,093 96.03%$10,091 Finance $60,488 $769,739 $846,788 90.90%$77,049 Legal $30,417 $291,038 $320,000 90.95%$28,962 Central Services $1,229,824 $3,229,462 $3,275,227 98.60%$45,766 Police Operations $270,258 $2,018,358 $2,116,649 95.36%$98,291 Fire & Medical Aid $0 $692,201 $692,201 100.00%$0 Emergency Prep.$1,113 $34,284 $40,750 84.13%$6,466 Public Housing $0 $16,239 $16,934 95.90%$695 Environmental Services $0 $11,608 $10,183 113.99%($1,425) Development & Planning $106,527 $801,919 $773,587 103.66%($28,332) Mental Health Services $209 $823 $700 117.52%($123) Recreational Services $0 $46,998 $57,200 82.16%$10,203 Parks $58,834 $456,539 $452,709 100.85%($3,830) General Fund Total $1,800,960 $8,721,296 $8,985,580 97.06% $264,284Street Fund $42,107 $344,693 $359,078 95.99%$14,385Tree Fund $652 $42,617 $50,000 0.00%$7,383 Capital Reserve Fund $0 $0 $0 0.00%$0Capital Reserve Fund Transfer Out $1,100,000 $1,800,000 $1,800,000 0.00%$0 Capital Fund $190,178 $875,640 $1,355,131 64.62%$479,491 Capital Fund Transfers Out $20,833 $249,996 $250,000 100.00%$4 Total (All Funds)$2,033,896 $9,984,246 $10,749,789 92.88%$765,543 Total (All Funds) Transfers Out $1,120,833 $2,049,996 $2,050,000 100.00%$4 Note: Cash and Investments has moved to a separate report 2016 Q4 Cashflow Report January - December 2016 2016 Beginning Cash Balance 1/1/2016 2016 Cash Balance 12/31/2016 TOTAL CASH & INVESTMENTS TOTAL CASH & INVESTMENTSBeginning Year: 1/1/2016 Period Ending: 12/31/2016 WA ST INV POOL 2,349,557$ WA ST INV POOL 1,804,446$ OTHER INVESTMENTS 1,505,361 OTHER INVESTMENTS 1,527,881 CHECKING 2,546,356 CHECKING 142,588 6,401,274$ 3,474,914$ 2016 Cashflow Report January - December 2016 Beginning Cash - In Cash - In Cash -Out Ending Fund Balance US Bank Investments Investments Transfers Transfers Disbursements Fund Balance January 1, 2016 (Prop Tax, REET)(Sales Tax, Other)Used In Out AP, Payroll Dec 31, 2016 General Fund 2,641,096$ 5,861,940$ 1,800,000$ -$ 8,870,921$ 1,432,116$ City Street Fund 83,347$ 72,848$ 249,996$ 350,638$ 55,553$ Tree Fund 122,719$ 214,049$ 42,617$ 294,150$ Capital Reserve Fund 1,884,599$ 11,044$ 1,800,000$ 144$ 95,643$ Capital Projects Fund 1,450,128$ 1,082,371$ 249,996$ 879,698$ 1,402,805$ Non-Revenue Trust Funds 217,570$ 188,530$ 210,900$ 195,200$ Investments:(3,852,903)$ 2,279,383$ (2,800,000)$ (3,332,285)$ Cash in Bank 2,546,556$ 142,629$ Total Cash/Investment:6,399,458$ 3,474,914$ Note: Cash Activity Report includes Non-Revenue Advanced Deposits (Gen. Fund) and Non-Revenue Clearing Account entries (Fund 631), which are not part of the adopted budget and will not tie to the budget. LGIP: $1,804,446 Other Investments: $1,527,839 2017 Comparative Summary by Fund 2016 Final Year End Actuals 2/13/2017 2016 2016 2017 2014 2015 Adopted Final Adopted DESCRIPTION Actual Actual Budget Actuals Budget GENERAL FUND BEGINNING FUND BALANCE 2,736,012$ 3,041,596$ 2,618,596$ 2,618,596$ 1,374,970$ REVENUES 6,886,929 5,391,609 5,749,249 5,677,670 6,034,502 OPERATING TRANSFERS-IN - - 1,800,000 1,800,000 - EXPENDITURES 6,581,345 5,814,611 9,005,030 8,721,296 6,024,376 OPERATING TRANSFERS-OUT - - - - 210,000 ENDING FUND BALANCE 3,041,596$ 2,618,596$ 1,162,815$ 1,374,970$ 1,175,096$ STREET FUND BEGINNING FUND BALANCE 47,129$ 31,569$ 83,348$ 83,348$ 55,554$ REVENUES 63,055 128,648 112,250 66,903 93,871 OPERATING TRANSFERS-IN 270,000 250,000 250,000 249,996 250,000 EXPENDITURES 348,615 326,869 359,078 344,693 391,814 OPERATING TRANSFERS-OUT - - - - ENDING FUND BALANCE 31,569$ 83,348$ 86,520$ 55,554$ 7,611$ TREE FUND BEGINNING FUND BALANCE 69,356$ 76,756$ 122,719$ 122,719$ 294,151$ REVENUES 7,400 60,325 - 214,049 10,000 OPERATING TRANSFERS-IN - - - - EXPENDITURES - 14,362 50,000 42,617 35,000 OPERATING TRANSFERS-OUT - - - - - OTHER NON-EXPENDITURES ENDING FUND BALANCE 76,756$ 122,719$ 72,719$ 294,151$ 269,151$ CAPITAL PROJECTS FUND BEGINNING FUND BALANCE 731,297$ 911,568$ 1,450,128$ 1,450,128$ 1,402,776$ REVENUES 1,240,070 949,237 1,243,266 1,078,284 1,089,290 OPERATING TRANSFERS-IN - - - - EXPENDITURES 789,799 160,677 1,355,131 875,640 1,041,000 OPERATING TRANSFERS-OUT 270,000 250,000 250,000 249,996 40,000 ENDING FUND BALANCE 911,568$ 1,450,128$ 1,088,263$ 1,402,776$ 1,411,066$ CAPITAL FUND RESERVE BEGINNING FUND BALANCE 1,878,603$ 1,880,232$ 1,884,599$ 1,884,599$ 95,426$ REVENUES 1,629$ 4,367$ 19,292$ 10,827$ -$ OPERATING TRANSFERS-IN -$ -$ -$ -$ -$ OPERATING TRANSFERS-OUT -$ -$ 1,800,000$ 1,800,000$ -$ ENDING FUND BALANCE 1,880,232$ 1,884,599$ 103,891$ 95,426$ 95,426$ TOTAL ALL FUNDS BUDGET BEGINNING FUND BALANCE 5,462,396$ 5,941,721$ 6,159,389$ 6,159,389$ 3,222,876$ REVENUES 8,199,083 6,534,185 7,124,057 7,047,733 7,227,663 OPERATING TRANSFERS-IN 270,000 250,000 2,050,000 2,049,996 250,000 EXPENDITURES 7,719,759 6,316,519 10,769,239 9,984,246 7,492,190 OPERATING TRANSFERS-OUT 270,000 250,000 2,050,000 2,049,996 250,000 ENDING FUND BALANCE 5,941,721$ 6,159,389$ 2,514,207$ 3,222,876$ 2,958,349$ AGENDA ITEM 7.1d CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov February 13, 2017 To: Honorable Mayor and City Council Via: Michael Sauerwein, City Manager From: Aimee Kellerman, City Clerk Subject: Central Services Department Monthly Report FEBRUARY AND MARCH PUBLIC MEETINGS AND EVENTS Event Date Time Location Hearing Examiner Meeting February 15 5:30 pm Medina City Hall Planning Commission Meeting February 15 6:30 pm Medina City Hall Coffee with the Mayor and City Manager February 16 10:00 am Tully’s Coffee President’s Day – CITY HALL CLOSED February 20 Park Board Meeting February 27 5:00 pm Medina City Hall City Council Meeting March 13 7:30 pm Medina City Hall Park Board Meeting March 20 5:00 pm Medina City Hall Planning Commission Meeting March 28 6:00 pm Medina City Hall Meetings are publicly noticed on the City’s three official notice boards, City website, and via Govdelivery. Occasionally notices require publication in the City’s official newspaper, The Seattle Times. Public meetings scheduled after publication of this report can be found on the City’s website. COMMUNICATION TO OUR COMMUNITY E-Notice Program: During the month of January, the City issued 19 bulletins amounting to a total of 9,761 bulletins delivered to subscribers; approximately 20.8% were opened. See Attachment 1. As of January 31, the City had 4,731 subscribers (change in total subscribers +27), with a combined total of 30,803 subscriptions (change in total subscriptions +47). RECORDS REQUESTS As of January 31, 14 public records requests have been received by central services. See Attachment 2. Bulletins Developed Total Recipients Total Delivered Unique Email Opens Unique Email Open Rate Wireless Recipients January, 2017 19 9,994 9,761 1,582 20.80%2,159 December, 2016 8 6,066 5,909 857 17.80%1,120 November, 2016 33 23,496 22,955 3,569 19.60%4,851 October, 2016 32 30,217 27,795 4,538 20.10%5,345 September, 2016 23 21,840 21,383 3,570 20.50%4,063 August, 2016 31 30,980 30,095 4,621 18.70%5,718 July, 2016 32 28,189 27,488 4,545 20.20%5,335 June, 2016 32 28,508 27,770 5,236 22.80%5,060 May, 2016 37 35,493 35,161 5,867 20.10%6,121 April, 2016 41 32,221 31,917 5,727 22.00%5,944 March, 2016 28 17,534 17,318 3,089 21.50%3,032 February, 2016 19 19,672 19,390 3,345 20.80%3,451 January, 2016 21 18,954 18,662 3,629 23.30%3,195 December, 2015 20 22,733 22,194 3,604 19.20%3,547 November, 2015 24 15,522 15,180 2,200 18.30%3,239 October, 2015 25 19,884 19,507 3,059 18.90%3,425 September, 2015 21 15,494 15,276 2,437 19.60%2,930 August, 2015 24 18,360 18,022 3,170 21.20%3,180 July, 2015 22 15,575 17,311 3,086 22.60%3,697 June, 2015 22 16,122 15,866 2,576 20.90%3,608 May, 2015 29 21,440 20,898 3,395 20.50%4,403 Date Sent Top 10 Most Read Bulletins During January Emails Opened Email Open Rate 01/03/2017 01:40 PM PDT 96 17% 01/05/2017 09:02 AM PDT 92 19% 01/05/2017 04:01 PM PDT 211 25% 01/06/2017 03:51 PM PDT 181 25% 01/09/2017 12:45 PM PDT 71 16% 01/09/2017 02:08 PM PDT 73 18% 01/09/2017 02:17 PM PDT 83 18% 01/09/2017 04:36 PM PDT 97 19% 01/12/2017 11:32 AM PDT 980 26% 01/26/2017 10:33 AM PDT 119 21% Comparisons: Meeting Notice - January 10, 2017 Medina City Council Regular Meeting Medina Hearing Examiner - T-Mobile Public Hearing - January 11, 2017 NOTICE OF APPLICATION & SEPA PL-16-033 (Substantial Development Permit) PL-16-032 (SEPA) Notice of Park Board Meeting - Tuesday, January 17th, 2017 Meeting Notice - TUESDAY, January 10, 2017 Medina City Council Regular Meeting Notice of Medina Emergency Preparedness Committee Meeting - Tuesday, January 17, 2017 1/10/17 Medina City Council Agenda Packet Medina Park Playground Improvements CORRECTION: Medina Hearing Examiner - Public Hearing - February 15, 2017 Potential Quorum Notice - Tuesday, January 17, 2017 ATTACHMENT 1 01/01/2017 - 01/31/2017 ATTACHMENT 2 501 EVERGREEN POINT ROAD • P.O. BOX 144 • MEDINA, WA 98039-0144 TELEPHONE (425) 233-6400 • FAX (425) 451-8197 • www.medina-wa.gov DATE: February 13, 2017 TO: Mayor and City Council From: Aimee Kellerman, City Clerk Subject: January, Public Records Request Tracking In January 2017, central services staff received 14 new public records requests. These requests required approximately 6.5 hours of central services staff time and 0 hours of consulting time with the City Attorney. The overall December cost, which includes staff hourly rate plus benefits is approximately $205. In addition, the police department receives public records requests specific to police business that require records research and information distribution. In January 2017, the Police Department received 9 new records requests. These requests required approximately .2 hours of staff time at a direct cost of $88. The requests are from outside law enforcement agencies, insurance carriers, the public and person’s involved in the incidents. Assigned Dept Reference No Required Completion Date Customer Full Name PRR - Type of Records Requested Public Record Desired Assigned Staff Central Services P000487- 010617 1/20/2017 Diane Nelson Public Works Asbuilt plans of the storm drainage system in the vicinity of 1306 Evergreen Point Road...at approx. NE 14th Street. Aimee Kellerman Central Services P000488- 011017 1/27/2017 Jessica Ko- Dalzell Development Services I am interested in finding out what building or development activity is happening or has been applied for at 444 Overlake Dr. E. Including tree removal as well. THANKS! Sunita Hall Central Services P000490- 011617 1/25/2017 Mark nelson Development Services Need all files related to all previous building permits for the property located at 3401 Evergreen Pt. Rd., Medina, WA. Or anything that might help demonstrate that the current residence was properly permitted and has legal standing. Aimee Kellerman Central Services P000492- 011817 2/1/2017 Greg Rauch Building Hello, I need to see any and all permits pertaining to the existing bulkhead and pier located at 801 Evergreen Point Rd. This info is needed to prove that the existing structures were legally established in order for our company to acquire permits from the City of Medina. Sunita Hall Central Services P000497- 012417 2/2/2017 Ms. Holly Piper Central Services Police Services Contract Aimee Kellerman Central Services P000499- 012417 2/2/2017 Hunter Cikatz Building Contract. Any that is easy to find and send to me please.Aimee Kellerman Central Services P000500- 012417 2/2/2017 Tawny Davis Building Hello. I am writing to request a copy of all demolition permits applied for/submitted on Single Family Residences in Medina for the months of December 2016- January 2017 (to date). Thanks is advance for your help. Aimee Kellerman Central Services P000501- 012717 2/7/2017 Planner Emily Larson Public Works I am writing to request utility as-built drawings (public storm water systems) adjacent to and serving address 7819 NE 10th St. (TPN 252504- 9204). Aimee Kellerman Create Date Run Date: 02/06/2017 8:43 AM Medina Public Records Request Report 1/24/2017 1/24/2017 1/16/2017 1/18/2017 1/6/2017 1/10/2017 1/24/2017 1/27/2017 Central Services P000502- 013017 2/8/2017 Nicole Miares Finance Pursuant to the Public Records Act, this is a request for a copy of the following records: An electronic copy of any and all employees for years of 2016, (fiscal or calendar year). Each employee record should contain the employer name, employer zip code, year of compensation, first name, middle initial, last name, hire date (mm-dd-yyyy), base salary amount, bonus amount, overtime amount, gross annual wages and position title. This data should be broken down by employer, employee and year. The principal purpose of this is to make this information more accessible to the public and to access and disseminate information regarding the health, safety, and welfare of the general public. This request is not principally for personal or commercial benefit. Our agency is just exercising the general rights of the public. For these reasons, we are requesting a waiver of fees. If there is a charge for this service, please obtain my approval in writing prior to proceeding with request. All documents can be e-mailed to washington@openthebooks.com or mailed in electronic format (preferred format would be .csv or .xls). If any documents are not provided in the format specified, please provide the state or federal statutes relied upon for that decision. If any record or portion of a record responsive to this request is contained in a record or portion of a record deemed unresponsive to the request, I would like to inspect the entire document. Under the Open Records Act/Freedom of Information Act, all non-exempt portions of any partially-exempt documents must be disclosed. If any records or portions of records are withheld, please state the exemption on which you rely, the basis on which the exemption is invoked, and the name of the individual responsible for the decision. Thank you for your prompt consideration of my request. If you have any questions, or if I can be of any assistance, please e-mail me at washington@openthebooks.com Sunita Hall Central Services P000503- 013117 2/9/2017 Diane Nelson Public Works We would like to receive asbuilt plans of the stormwater system along 79th Ave NE and 80th Avenue NE between NE 28th Street and NE 26th Street. Sunita Hall1/31/2017 1/30/2017 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov February 13, 2017 To: Mayor and City Council Via: Michael Sauerwein, City Manager From: Ryan Osada, Public Works Director Subject: January 2017 Public Works Report 1.84th / 24th OPEN HOUSE – As stated in the December 2016 report, there was direction by the council to host an open house for design alternatives A & C. The event attracted numerous residents and provided the staff and council with valuable information. This is a TIB Grant funded project and a final decision will need to be made at the February 13th Council Meeting. TIB has a board meeting scheduled for March 23rd , where they will review the project if the design requires additional funding above the approved $499,000.00. (Alternate A is the “basic” overlay and signal improvements and alternate C is the 10’ Shared Bike Path) 84th / 24th Open House AGENDA ITEM 7.1e 2.MEDINA PARK PLAYGROUND IMPROVEMENTS – The contractor has been making good progress despite the weather conditions and limited access to the area. These improvements will significantly increase the useability of the playground along with complying with the ADA standards. Currently they are scheduled to be substantially complete by the middle of February. Medina Park Playground Project 3.RELIGHT WASHINGTON – Intolight (PSE) currently has a crew replacing the inefficient Sodium Street Lights with LED fixtures. This has been a long awaited project, which has gone through several rounds of “test” luminaires to find lighting that would still maintain the small neighborhood feel. The original proposed LEDs were excessively bright and the blueish color felt more industrial. AGENDA ITEM 7.1e Intolight Contractor Installing LEDs AGENDA ITEM 7.1e 4.NE 32ND STREET OVERLAY – As stated for the last several months, a significant portion of the asphalt overlay has been rejected due to poor workmanship. A recent visit with the consultanting engineers revealed additional pavement surface deterioration since the previous visits. More areas have been identified with paint and a revised punchlist has been sent to the contractor. This punchlist also states the City’s “recommended acceptable repairs” which would involve a grind & overlay, infared heating and sealcoating. NE 32nd Street Overlay Evaluation Markings 5.MAINTENANCE UPDATES – The Public Works crew have been diligently updating deteriorated and fallen street signs. Along with the regular daily maintenance duties, Pat Crickmore was able to build a custom wood mount for the Overlake Country Club Fountain Donation Plaque, located on the north walking bridge. During a few of the harsh weather days, the crew found time to complete needed repairs around the maintenance building. Catey has been busy at Medina Beach Park trimming the shrubs, cleaning the planting beds and getting ready for the upcoming planting season. AGENDA ITEM 7.1e Dave working on street signs AGENDA ITEM 7.1e Pat with a assembled sign post AGENDA ITEM 7.1e Catey at Medina Beach Park Pat doing interior maintenance at the shop AGENDA ITEM 7.1e Overlake Golf Country Club Plaque AGENDA ITEM 7.1e 6.PROJECT UPDATES – 2016 NE 32nd Street Overlay – The City and the Consultants are still working with the contractor to establish a repair method. 2016 City Hall Sidewalk – Substantially complete. Final would include punch list items such as railing installation. Once the irrigation improvements are completed, the PW staff will start landscaping the areas around the new walkway. 2016 Midland Road Overlay & Drainage Imp. – call back restoration for one property. 2016 84th Ave NE Overlay & NE 24th St Intersection – Options A or C will need to be decided at the February 13th council meeting. 2015 Medina Park Stormwater Pond Imp. – This is an ongoing project. King County has added an additional $46,640.00 to this fund for 2017. Gray & Osborne is working on developing a dredging plan for the upper pond. 2016 Post Office Parking Lot Overlay & Sidewalk Imp. – Bonner Bros has completed the sidewalks. The punch list items still need to be completed. 2016 Post Office Park Landscaping – City Staff will complete the landscaping in the coming months. Planting Pots and bench has been ordered. 2016 Bocce Ball Court – 2017 PW will add benches and tables in addition to signage. 2016 Medina Park Playground – Contractor is scheduled to substantially complete the project in the next two weeks. 2016 Relight Washington – Intolight has been onsite and is scheduled to complete installing the new LED Luminaires and Cobraheads by the end of February. 2016 Park Drinking Fountains & Shower – PW will install the fountains in the coming months. AGENDA ITEM 7.1e 2017 Hazardous Tree Removal – Currently evaluating trees along 84th Ave NE by OCC. 2017 Overlake Drive Bridge Railing & Repair – Draft plans will be completed soon and available for review by the residents surrounding both bridges. 2017 City Hall Parking Improvements – Design work will begin in March/April 2017. 2017 Citywide Sidewalk Design – Spring 2017 2017 Medina Park South Pond Bridge Replacement – Design work will begin in March/April 2017 AGENDA ITEM 7.1e AGENDA ITEM 8.1 AGENDA ITEM 8.1 Lake Lane Medina Beach Park Medina Park Medina Beach Park Medina Park Viewpoint Park Public Comment Board member Martin stated that it required pruning. Board member Dickmann stated that it looked fine. Board member Sparks asked about the on and off leash signs for Medina Park. Board member Sparks asked if the ground could be raised at Medina Park parking lot to enable dogs to have an easier access via cars. Board member Perry stated that it looked fine. Chair Blazey asked about the flags fpr Veterans Day Chair Blazey stated that it was in pretty good shape. However, there was a stump of a willow tree that was beginning to sprout. Public Works supervisor, Crickmore advised that this was something that could be taken care of. A resident asked that we keep the parks clean and fix the water fountain. NEXT MEETING DATE: Tuesday, January 17th, 2017 ADJOURNMENT: 6:20 p.m. Minutes taken by: Sunita Hall -Deputy City Clerk Park Board Meeting Minutes Page 3 November ?lh, 2016 AGENDA ITEM 8.1 AGENDA ITEM 8.2a AGENDA ITEM 8.2a AGENDA ITEM 8.2a AGENDA ITEM 8.2a AGENDA ITEM 8.2b AGENDA ITEM 8.2b AGENDA ITEM 8.2b AGENDA ITEM 8.2b AGENDA ITEM 8.2b AGENDA ITEM 8.2b AGENDA ITEM 8.2b AGENDA ITEM 8.2b MEDINA, WASHINGTON MEDINA CITY COUNCIL REGULAR MEETING MINUTES Medina City Hall, Council Chambers 501 Evergreen Point Road, Medina Tuesday, January 10, 2017 6:30 PM MAYOR ALEX MORCOS CITY MANAGER MICHAEL SAUERWEIN DEPUTY MAYOR SHEREE WEN CITY ATTORNEY KELLEN RUWE COUNCIL MEMBERS CYNTHIA ADKINS PATRICK BOYD DAVID LEE JOHN MAFFEI CURT PRYDE CITY CLERK AIMEE KELLERMAN MINUTES 1.REGULAR MEETING - CALL TO ORDER Mayor Morcos called the regular meeting to order in the Medina Council Chambers at6:30 p.m. Council Members Present: Boyd, Lee, Maffei, Pryde, Wen and Mayor Morcos Council Members Absent: Adkins Staff Present: Sauerwein, Ruwe, Grumbach, Ketter, Burns, Osada, and Kellerman ACTION: Motion Pryde second Boyd and carried by a 6:0 vote; Council excused the absence of Council Member Adkins. 2.PLEDGE OF ALLEGIANCE The Mayor led the pledge. 3.APPROVAL OF MEETING AGENDA ACTION: Motion Boyd second Pryde and carried by a 6:0 (Adkins absent) vote; Council approved the meeting agenda as presented. AGENDA ITEM 8.3 4. PRESENTATIONS 4.1 Bellevue Fire Presentation by Fire Chief Mark Risen. Bellevue Fire Chief Mark Risen gave a presentation on Bellevue Fire Department’s long range facilities plan study and cost impact to current contract cities. City Manager Sauerwein gave a cost comparison of Bellevue, Eastside Fire & Rescue, and Redmond Fire Services Contracts. He answered council members’ questions. 5. PUBLIC COMMENT PERIOD Mayor Morcos opened the public comment period at 7:25 p.m. The following individual addressed the Council: • Bruce Hand commented on the need for the City to have an emergency water supply. Mayor Morcos closed the public comment period at 7:29 p.m. 6. BOARDS AND COMMISSIONS REPORTS 6.1 Advisory Boards/Commissions/Committees Police Chief Burns reported that the Emergency Preparedness meeting is Tuesday, January 17 from 6:00 to 7:30 in the Medina Council Chambers Park Board Chair Drew Blazey commented on Walkable Medina and mentioned parks that Council should consider making part of Walkable Medina. 7. CITY MANAGERS REPORT 7.1 Police, Development Services, Finance, Central Services, Public Works. City Manager Sauerwein reported on the 84th/24th Alternative Street Design Options. He discussed the two alternatives: Alternative A - an overlay on 84th Avenue and improvements to the 84th/24th signalized Intersection; and Alternative C - an overlay on 84th Avenue, improvements to the 84th/24th signalized intersection. An open house will be held on Wednesday, January 18 at City Hall to obtain public input. At the February 13th meeting, the City Council will be asked to vote on the final design. Sauerwein also reported that the noise ordinance and sign code will be coming with recommendations from the Planning Commission. He suggested that Council schedule a study session on March 27, 2017 to discuss and then add to the April or May meeting for vote. Council discussed. By consensus, Council decided not to have a study session and add the items to regular City Council meetings. AGENDA ITEM 8.3 8. CONSENT AGENDA ACTION: Motion Maffei second Pryde and carried by a 6:0 (Adkins absent) vote; Council approved the Consent Agenda. 8.1 Subject: December 12, 2016 DRAFT City Council Special and Regular Meeting Minutes Recommendation: Adopt Minutes. Staff Contact: Aimee Kellerman, City Clerk 8.2 Subject: December 2016, Check Register Recommendation: Approve. Staff Contact: Nancy Adams, Finance Director 8.3 Subject: City Manager Compensation and Contract Amendment Recommendation: Approve. Staff Contact: Aimee Kellerman, City Clerk 9. PUBLIC HEARING None. 10. OTHER BUSINESS 10.1 Subject: City Council Agenda Calendar Recommendation: Discussion item only; no action needed. Result of Recommended Action: Council and staff will review upcoming meetings and make necessary changes as needed. Staff Contact: Michael Sauerwein, City Manager ACTION: There were no changes to the City Council agenda calendar. 11. PUBLIC COMMENT Mayor Morcos opened the public comment period at 7:50 p.m. The following individual addressed the Council: • Drew Blazey concurred with Council Member Maffei’s statements regarding Strategies 360. Mayor Morcos closed the public comment period at 7:51 p.m. AGENDA ITEM 8.3 12. ADJOURNMENT Motion Boyd second Morcos; Council adjourned the Regular Meeting at 7:51 p.m. _______________________ Alex Morcos, Mayor Attest: _____________________________ Aimee Kellerman, City Clerk AGENDA ITEM 8.3 December 2016 "13th Month" Check Register Page 1 of 4 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description Automatic Wilbert Vault 47238 Bench & planters for PO $923.34 58374 12/31/2016 307-000-000-595-30-63-10 Sidewalk-82nd Ave/NE 8th ST, PO Improvements $923.34 58374 Total Bank of America-Business Card SAUERWEIN - 11/16-12/15/16 Adv. Transp. conference, CM $50.00 58375 12/31/2016 001-000-000-511-60-43-00 Travel & Training Bank of America-Business Card KELLERMAN - 11/16-12/15/16 CC mtg refreshments $219.91 58375 12/31/2016 001-000-000-511-60-49-00 Miscellaneous Bank of America-Business Card SAUERWEIN - 11/16-12/15/16 Office supplies $53.95 58375 12/31/2016 001-000-000-513-10-49-00 Miscellaneous Bank of America-Business Card KELLERMAN - 11/16-12/15/16 Flowers, McGauran $109.05 58375 12/31/2016 001-000-000-518-10-49-10 Miscellaneous Bank of America-Business Card KELLERMAN - 11/16-12/15/16 Flowers, Sauerwein $98.54 58375 12/31/2016 001-000-000-518-10-49-10 Miscellaneous Bank of America-Business Card KELLERMAN - 11/16-12/15/16 Offsite record storage, lg & sm unit $758.00 58375 12/31/2016 001-000-000-518-30-45-00 Facility Rental Bank of America-Business Card SCHERF - 11/16-12/15/16 Phone cord & cover $45.03 58375 12/31/2016 001-000-000-521-20-31-00 Office Supplies Bank of America-Business Card SCHERF - 11/16-12/15/16 Good2Go replenishment $100.00 58375 12/31/2016 001-000-000-521-20-32-00 Vehicle Expenses-Gas, Car Wash Bank of America-Business Card SCHERF - 11/16-12/15/16 Records learing mtg refreshments $52.49 58375 12/31/2016 001-000-000-521-20-43-00 Travel & Training Bank of America-Business Card SCHERF - 11/16-12/15/16 Training, Kane $57.75 58375 12/31/2016 001-000-000-521-20-43-00 Travel & Training Bank of America-Business Card BURNS - 11/16-12/15/16 Food & lodging for Chief conf.$137.97 58375 12/31/2016 001-000-000-521-20-43-00 Travel & Training Bank of America-Business Card SCHERF - 11/16-12/15/16 EMP battery supplies $246.36 58375 12/31/2016 001-000-000-525-60-31-00 Supplies Bank of America-Business Card GRUMBACH - 11/16-12/15/16 File tags for permit plans $145.85 58375 12/31/2016 001-000-000-558-60-31-00 Operating Supplies Bank of America-Business Card OSADA - 11/16-12/15/16 Diesel for trucks $200.00 58375 12/31/2016 001-000-000-576-80-32-00 Vehicle Fuel & Lube Bank of America-Business Card CRICKMORE - 11/16-12/15/16 Truck diesel $89.00 58375 12/31/2016 001-000-000-576-80-32-00 Vehicle Fuel & Lube Bank of America-Business Card CRICKMORE - 11/16-12/15/16 Holiday lights for CH $320.41 58375 12/31/2016 101-000-000-542-30-31-00 Operating Supplies Bank of America-Business Card CRICKMORE - 11/16-12/15/16 Fuel hose for street sander $6.53 58375 12/31/2016 101-000-000-542-30-48-00 Equipment Maintenance Bank of America-Business Card OSADA - 11/16-12/15/16 Street signs blanks $514.85 58375 12/31/2016 101-000-000-542-64-41-00 Traffic Control Devices $3,205.69 58375 Total Amec S46800760 Critical Areas 3rd Party Review $385.00 58376 12/31/2016 001-000-000-558-60-41-07 Engineering Consultant Amec S46800850 Critical Areas3rd Party Review $30.00 58376 12/31/2016 001-000-000-558-60-41-07 Engineering Consultant $415.00 58376 Total Autonation Shared Service Center 226942 Vehicle Maint.$201.27 58378 12/31/2016 001-000-000-521-20-48-10 Repairs & Maint-Automobiles $201.27 58378 Total Bank of America-Business Card B-86402 CMP Signs $1,204.50 58379 12/31/2016 001-000-000-558-60-31-00 Operating Supplies $1,204.50 58379 Total Bellevue City Treasurer 05065006 - 10/06-12/07/2016 CH Water $489.60 58380 12/31/2016 001-000-000-518-10-47-00 Utility Serv-Elec,Water,Waste Bellevue City Treasurer 05172008 - 10/11-12/06/2016 Shop Water& Park Irrigation Water $1,330.54 58380 12/31/2016 001-000-000-576-80-47-00 Utilities Bellevue City Treasurer 07522006 - 10/06-12/06/2016 Beach Park Irrigation Water $90.93 58380 12/31/2016 001-000-000-576-80-47-00 Utilities Bellevue City Treasurer 05066001 - 10/06-12/07-2016 Beach Park Irrigation Water $163.29 58380 12/31/2016 001-000-000-576-80-47-00 Utilities Bellevue City Treasurer 90108897 - 09/28-11/30/2016 Lk Wa Blvd Irrigation Water $109.49 58380 12/31/2016 001-000-000-576-80-47-00 Utilities $2,183.85 58380 Total BHC Consultants, LLC 8440 BID Inspection Services $3,211.37 58381 12/31/2016 001-000-000-558-60-41-06 Building Inspector Contract $3,211.37 58381 Total Cellhire USA, LLC 2690402 SAT Phone $43.47 58382 12/31/2016 001-000-000-525-60-31-00 Supplies $43.47 58382 Total Centurylink 4254517838049B - 12/7-01/07/2017 CC Machine $129.01 58383 12/31/2016 001-000-000-518-10-42-00 Postage/Telephone Centurylink 4256373989759B - 12/17-01/17/2017 PD Phone & Fax $189.91 58383 12/31/2016 001-000-000-521-20-42-00 Communications (phone,Pagers) $318.92 58383 Total Code Publishing Co.55207 MMC Annual Web Hosting $350.00 58384 12/31/2016 001-000-000-518-10-41-00 Professional Services $350.00 58384 Total Comcast 8498330130193264 - 12/16-01/15/2017 Camera NE 12th $201.27 58385 12/31/2016 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras Comcast 8498330130193223 - 12/16-01/15/2017 Camera NE 24th $201.27 58385 12/31/2016 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras $402.54 58385 Total Crystal And Sierra Springs-Admin 11037150010717 CH Drinking Water $72.44 58386 12/31/2016 001-000-000-518-10-41-00 Professional Services $72.44 58386 Total Crystal And Sierra Springs-Police 5296969010717 PD Drinking Water $106.78 58387 12/31/2016 001-000-000-521-20-31-00 Office Supplies $106.78 58387 Total Crystal And Sierra Springs-PW 5291929010717 PW Drinking Water $13.57 58388 12/31/2016 001-000-000-576-80-31-00 Operating Supplies $13.57 58388 Total ENA Couriers Inc 430055 Courier Services $31.16 58389 12/31/2016 001-000-000-521-20-42-00 Communications (phone,Pagers) ENA Couriers Inc 430216 Courier Services $31.16 58389 12/31/2016 001-000-000-521-20-42-00 Communications (phone,Pagers) ENA Couriers Inc 430279 Courier Services $31.16 58389 12/31/2016 001-000-000-521-20-42-00 Communications (phone,Pagers) ENA Couriers Inc 430140 Courier Services $31.16 58389 12/31/2016 001-000-000-521-20-42-00 Communications (phone,Pagers) $124.64 58389 Total AGENDA ITEM 8.4a December 2016 "13th Month" Check Register Page 2 of 4 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description GovDelivery, Inc.9000 Annual Hosting Renewal 12/10/16-12/17/17 $2,993.76 58390 12/31/2016 001-000-000-514-20-41-00 IT Tech, SW Services- City Hall $2,993.76 58390 Total Gray & Osborne, Inc.2-16601.00 NPDES Reporting Assistance $276.92 58391 12/31/2016 101-000-000-542-30-41-03 NPDES Grant Gray & Osborne, Inc.3-16602.00 TIB 84th Ave. NE-PE $4,545.03 58391 12/31/2016 307-000-000-595-30-63-01 Road Construction Gray & Osborne, Inc.6-16530 TIB NE 32nd St Overlay-PE & Insp $8,465.70 58391 12/31/2016 307-000-000-595-30-63-01 Road Construction Gray & Osborne, Inc.1-16600.00 Post Office Sidewalk & Parking Insp.$2,354.28 58391 12/31/2016 307-000-000-595-30-63-10 Sidewalk-82nd Ave/NE 8th ST, PO Improvements Gray & Osborne, Inc.2-16590.00 TIB-CH Sidewalk Insp.$3,912.51 58391 12/31/2016 307-000-000-595-30-63-11 City Hall $19,554.44 58391 Total JR Mailing Services, Inc.21734 Quarterly Newsletter $595.83 58392 12/31/2016 001-000-000-518-10-49-30 Postcard, Public information $595.83 58392 Total King County Treasury 11005330 KCIT INET DEC2016 $1,152.00 58393 12/31/2016 001-000-000-521-20-42-00 Communications (phone,Pagers) $1,152.00 58393 Total Kirkland Municipal Court NOV16MED Filing Fees $1,075.00 58394 12/31/2016 001-000-000-512-50-51-10 Municipal Court-Traffic/NonTrf $1,075.00 58394 Total Konica Minolta Business Solutions 243394374 CH Copier $624.88 58395 12/31/2016 001-000-000-518-10-41-00 Professional Services Konica Minolta Business Solutions 243259605 Copier Lease $187.14 58395 12/31/2016 001-000-000-521-20-45-00 Equipment-Lease & Rentals Konica Minolta Business Solutions 243259607 Copier Maint.$400.61 58395 12/31/2016 001-000-000-521-20-48-00 Repairs & Maint-Equip & Evidence SW $1,212.63 58395 Total Konica Minolta Premier Finance 29575538 CH Copier $232.24 58396 12/31/2016 001-000-000-518-10-41-00 Professional Services $232.24 58396 Total Kroesen's Uniform Company 2116 Uniform Shirts $1,865.88 58397 12/31/2016 001-000-000-521-20-22-00 Uniforms Kroesen's Uniform Company 41614 Uniform Items $120.40 58397 12/31/2016 001-000-000-521-20-22-00 Uniforms Kroesen's Uniform Company 41357 Uniform $282.48 58397 12/31/2016 001-000-000-521-20-22-00 Uniforms Kroesen's Uniform Company 41113 Uniform Shirts-Chief $239.77 58397 12/31/2016 001-000-000-521-20-22-00 Uniforms Kroesen's Uniform Company 2113 Uniform Items $2,265.56 58397 12/31/2016 001-000-000-521-20-22-00 Uniforms Kroesen's Uniform Company 41106 Uniform Shirt-Captain $249.63 58397 12/31/2016 001-000-000-521-20-22-00 Uniforms Kroesen's Uniform Company 2905 Uniform Patches $643.31 58397 12/31/2016 001-000-000-521-20-22-00 Uniforms Kroesen's Uniform Company 41358 Uniform $269.34 58397 12/31/2016 001-000-000-521-20-22-00 Uniforms $5,936.37 58397 Total LaCrosse Footwear Inc.DM-004989 Uniform $137.97 58398 12/31/2016 001-000-000-521-20-22-00 Uniforms $137.97 58398 Total Level 3 Communications, LLC 50293786 CH Long Distance $460.41 58399 12/31/2016 001-000-000-518-10-42-00 Postage/Telephone $460.41 58399 Total Message Watcher, LLC 33629 Dec2016 Email Service $279.80 58400 12/31/2016 001-000-000-514-20-41-00 IT Tech, SW Services- City Hall $279.80 58400 Total Michael & JJ , LLC 01/03/17 STMT PD Drycleaning $45.99 58401 12/31/2016 001-000-000-521-20-22-00 Uniforms $45.99 58401 Total Navia Benefit Solutions 10070478 Flex Admin-Dec2016 $52.20 58402 12/31/2016 001-000-000-514-20-49-10 Miscellaneous $52.20 58402 Total Otak, Inc.121600173-194 Planning Review Services $5,200.00 58403 12/31/2016 001-000-000-558-60-41-01 Planning Consultant Otak, Inc.11700076-105 Planning Review Services $9,380.46 58403 12/31/2016 001-000-000-558-60-41-01 Planning Consultant Otak, Inc.11700124-148 CMP Review Services $2,945.11 58403 12/31/2016 001-000-000-558-60-41-07 Engineering Consultant Otak, Inc.000011700172-219 Tree Code Admin.$3,985.82 58403 12/31/2016 001-000-000-558-60-41-50 Landscape Consultant $21,511.39 58403 Total Paladin Data System 240665 2017 SmartGov $11,390.19 58404 12/31/2016 001-000-000-514-20-48-00 Repairs & Maint-Annual Software Maint $11,390.19 58404 Total Pitney Bowes Global Financial Services LLC 3302576624 CH Postage Meter Meter Lease $323.80 58405 12/31/2016 001-000-000-518-10-42-00 Postage/Telephone $323.80 58405 Total Porter Foster Rorick, LLP 105775 Attny-General/Retainer $6,020.55 58406 12/31/2016 001-000-000-515-30-41-10 City Attorney Porter Foster Rorick, LLP 105775 Attny-TMobile $120.00 58406 12/31/2016 001-000-000-515-30-41-10 City Attorney Porter Foster Rorick, LLP 105775 Attny-Finnigan $4,041.00 58406 12/31/2016 001-000-000-515-30-41-10 City Attorney Porter Foster Rorick, LLP 105775 Attny-HR $1,619.00 58406 12/31/2016 001-000-000-515-30-41-10 City Attorney $11,800.55 58406 Total Positive ID Inc 14114 ID Cards $35.35 58407 12/31/2016 001-000-000-521-20-41-00 Professional Services $35.35 58407 Total Pro-shred 15885 Shredding Service $53.00 58408 12/31/2016 001-000-000-518-10-41-00 Professional Services Pro-shred 16713 Shredding Services $53.00 58408 12/31/2016 001-000-000-518-10-41-00 Professional Services $106.00 58408 Total AGENDA ITEM 8.4a December 2016 "13th Month" Check Register Page 3 of 4 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description Public Safety Testing, Inc.2016-7224 Q4-Subscription Fees $135.00 58409 12/31/2016 001-000-000-521-20-41-50 Recruitment-Background Public Safety Testing, Inc.3373 Background Check $375.00 58409 12/31/2016 001-000-000-521-20-41-50 Recruitment-Background $510.00 58409 Total Puget Sound Energy 200018418620 - 11/18-12/19/16 City Hall PSE Energy $1,506.86 58410 12/31/2016 001-000-000-518-10-47-00 Utility Serv-Elec,Water,Waste Puget Sound Energy 200004844698 - 11/19-12/20/16 Camera NE 10th $39.11 58410 12/31/2016 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras Puget Sound Energy 200004844904 - 11/19-12/20/16 Camera 740 ODE $34.51 58410 12/31/2016 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras Puget Sound Energy 200004850133 - 11/15-12/14/16 Camera NE 24th $27.93 58410 12/31/2016 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras Puget Sound Energy 200024956076 - 11/18-12/19/16 Camera 82nd Ave $54.72 58410 12/31/2016 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras Puget Sound Energy 200012316424 - 11/18-12/19/16 Shop Power $905.94 58410 12/31/2016 001-000-000-576-80-47-00 Utilities Puget Sound Energy 200004844466 - 11/19-12/20/16 lView Pt. Park Power $45.16 58410 12/31/2016 001-000-000-576-80-47-00 Utilities Puget Sound Energy 300000000087 - 12/2-12/30/16 Street Light Power $2,012.94 58410 12/31/2016 101-000-000-542-63-41-00 Street Light Utilities $4,627.17 58410 Total SCORE 2306 Jail Services $1,256.00 58411 12/31/2016 001-000-000-521-20-51-50 Jail Service-Prisoner Board $1,256.00 58411 Total Seattle Times, The 700403 Legal Notice $30.60 58412 12/31/2016 001-000-000-518-10-44-00 Advertising Seattle Times, The 701118 Legal Notice-DS $145.35 58412 12/31/2016 001-000-000-518-10-44-00 Advertising $175.95 58412 Total Seattle Times, The (subscriptions)60613527 - 01/11/17-1/09-18 Subscription Renewal $483.60 58413 12/31/2016 001-000-000-518-10-41-00 Professional Services $483.60 58413 Total Sound Law Center 1919 Hearing Examiner $1,952.50 58414 12/31/2016 001-000-000-558-60-41-02 Hearing Examiner $1,952.50 58414 Total Sound View Strategies, LLC 1136 520 Ex Joint $5,000.00 58415 12/31/2016 001-000-000-513-10-41-00 Professional Services $5,000.00 58415 Total Spot-On Print & Design 44542 City News Letter $379.88 58416 12/31/2016 001-000-000-518-10-49-30 Postcard, Public information $379.88 58416 Total Stantec Consulting Services Inc.1147137-152 Engineering Review Services $8,744.98 58417 12/31/2016 001-000-000-558-60-41-07 Engineering Consultant Stantec Consulting Services Inc.1138239-264 Engineering Review Services $12,413.77 58417 12/31/2016 001-000-000-558-60-41-07 Engineering Consultant $21,158.75 58417 Total Staples Business Advantage 3324231387 Cr Inv3323046252 ($96.13)58418 12/31/2016 001-000-000-518-10-31-00 Office And Operating Supplies Staples Business Advantage 3324231390 Office Supplies $180.98 58418 12/31/2016 001-000-000-518-10-31-00 Office And Operating Supplies Staples Business Advantage 3326197305 Office Supplies $62.00 58418 12/31/2016 001-000-000-518-10-31-00 Office And Operating Supplies Staples Business Advantage 3324231389 Office Supplies $79.88 58418 12/31/2016 001-000-000-521-20-31-00 Office Supplies Staples Business Advantage 3324231388 PD Office Supplies $67.46 58418 12/31/2016 001-000-000-521-20-31-00 Office Supplies $294.19 58418 Total Statewide Security Q1 17158 Quarterly Monitoring Fees $102.00 58419 12/31/2016 001-000-000-576-80-41-00 Professional Services $102.00 58419 Total Stewart MacNichols Harmell, Inc., PS Nov-16 Public Defense $700.00 58420 12/31/2016 001-000-000-512-50-41-20 Public Defender $700.00 58420 Total T-Mobile 934170684 - 11/21-12/20/16 Mobile Phones $380.06 58421 12/31/2016 001-000-000-521-20-42-00 Communications (phone,Pagers) T-Mobile 934170684 - 11/21-12/20/16 Mobile Phones $100.35 58421 12/31/2016 001-000-000-576-80-42-00 Telephone/postage $480.41 58421 Total US Bank Voyager Fleet Sys.869362426650 Vehicle Expenses $1,382.89 58422 12/31/2016 001-000-000-521-20-32-00 Vehicle Expenses-Gas, Car Wash US Bank Voyager Fleet Sys.869362426650 Vehicle Expenses $657.11 58422 12/31/2016 001-000-000-521-20-48-10 Repairs & Maint-Automobiles $2,040.00 58422 Total Utilities Underground Location Ctr 6120165 December Excavation Notifications $33.54 58423 12/31/2016 101-000-000-542-30-47-00 Utility Services $33.54 58423 Total WA ST Dept of Corrections 45-116467 2017-2018Calendar $22.79 58424 12/31/2016 001-000-000-521-20-31-00 Office Supplies $22.79 58424 Total WA ST Dept of Labor & Industries 279248 Hot Water Tank Inspection $29.30 58425 12/31/2016 001-000-000-518-30-48-00 Repairs/maint-City Hall Bldg $29.30 58425 Total WA ST Dept of Transportation FB91017006171 PW Vehicle Fuel $282.16 58426 12/31/2016 001-000-000-576-80-32-00 Vehicle Fuel & Lube $282.16 58426 Total Washington State Patrol I17004480 Background Checks $50.00 58427 12/31/2016 001-000-000-521-20-41-50 Recruitment-Background $50.00 58427 Total Western Equipment & Irrigations Distributors Inc 8014572-00 Diesel Workman Repairs $2,696.99 58428 12/31/2016 001-000-000-576-80-48-00 Repair & Maint Equipment $2,696.99 58428 Total AGENDA ITEM 8.4a December 2016 "13th Month" Check Register Page 4 of 4 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description WA ST Dept of Revenue 2016 USE TAX Use Tax on OOS Purchases $115.58 58440 12/31/2016 001-000-000-518-10-31-00 Office And Operating Supplies WA ST Dept of Revenue 2016 USE TAX Use Tax on OOS Purchases $12.83 58440 12/31/2016 001-000-000-521-20-32-00 Vehicle Expenses-Gas, Car Wash WA ST Dept of Revenue 2016 USE TAX Use Tax on OOS Purchases $126.35 58440 12/31/2016 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras WA ST Dept of Revenue 2016 USE TAX Use Tax on OOS Purchases $94.53 58440 12/31/2016 001-000-000-521-20-49-60 Crime Prevention/Public Educ WA ST Dept of Revenue 2016 USE TAX Use Tax on OOS Purchases $47.50 58440 12/31/2016 001-000-000-525-60-31-00 Supplies WA ST Dept of Revenue 2016 USE TAX Use Tax on OOS Purchases $524.40 58440 12/31/2016 001-000-000-576-80-31-00 Operating Supplies WA ST Dept of Revenue 2016 USE TAX Use Tax on OOS Purchases $1,097.25 58440 12/31/2016 001-000-000-594-21-64-10 Police HW/SW Equipment >$5K Capital Outlay WA ST Dept of Revenue 2016 USE TAX Use Tax on OOS Purchases $1,221.69 58440 12/31/2016 001-000-000-594-76-00-00 Parks Improvements $3,240.13 58440 Total WA ST Treasurer's Office Q4 2016 4th Quarter Remittance $234.58 58441 12/31/2016 631-000-000-586-83-08-00 WA St -Emer Med and Trauma WA ST Treasurer's Office Q4 2016 4th Quarter Remittance $216.39 58441 12/31/2016 631-000-000-586-83-31-00 WA St-Auto Theft Protection WA ST Treasurer's Office Q4 2016 4th Quarter Remittance $62.03 58441 12/31/2016 631-000-000-586-83-32-00 WA ST Traumatic Brain Injury WA ST Treasurer's Office Q4 2016 4th Quarter Remittance $22.83 58441 12/31/2016 631-000-000-586-90-02-00 WA State Gen Fund 54 WA ST Treasurer's Office Q4 2016 4th Quarter Remittance $2,111.68 58441 12/31/2016 631-000-000-586-91-00-00 WA St-State Gen Fund 40 WA ST Treasurer's Office Q4 2016 4th Quarter Remittance $1,240.74 58441 12/31/2016 631-000-000-586-92-00-00 WA St-State Gen Fund 50 WA ST Treasurer's Office Q4 2016 4th Quarter Remittance $27.68 58441 12/31/2016 631-000-000-586-96-03-00 WA St-Lab-Bld/breath WA ST Treasurer's Office Q4 2016 4th Quarter Remittance $792.96 58441 12/31/2016 631-000-000-586-97-05-00 WA St-JIS WA ST Treasurer's Office Q4 2016 4th Quarter Remittance $63.00 58441 12/31/2016 631-000-000-589-12-52-01 WA St-Bldg Code Fee $4,771.89 58441 Total Horticultural Elements, Inc.1365 84th median maint.$2,069.55 58443 12/31/2016 101-000-000-542-30-41-00 Professional Services Horticultural Elements, Inc.1347 84th median maint.$2,069.55 58443 12/31/2016 101-000-000-542-30-41-00 Professional Services Horticultural Elements, Inc.1329 84th median maint.$2,069.55 58443 12/31/2016 101-000-000-542-30-41-00 Professional Services Horticultural Elements, Inc.1398 84th median maint.$2,069.55 58443 12/31/2016 101-000-000-542-30-41-00 Professional Services Horticultural Elements, Inc.1425 84th median maint.$2,069.55 58443 12/31/2016 101-000-000-542-30-41-00 Professional Services $10,347.75 58443 Total $152,308.30 Grand total Payroll Dec "13th month" 2016 Payroll Payroll 135.64$ Total 12/31/2016 001-000-000-513-10-11-00 Salaries, Wages & Benefits Payroll Dec "13th month" 2016 Payroll Payroll 319.88$ Total 12/31/2016 001-000-000-514-20-11-00 Salaries, Wages & Benefits Payroll Dec "13th month" 2016 Payroll Payroll 229.48$ Total 12/31/2016 001-000-000-518-10-11-00 Salaries, Wages & Benefits Payroll Dec "13th month" 2016 Payroll Payroll 4,535.72$ Total 12/31/2016 001-000-000-521-20-11-00 Salaries, Wages & Benefits Payroll Dec "13th month" 2016 Payroll Payroll 692.04$ Total 12/31/2016 001-000-000-558-60-11-00 Salaries, Wages & Benefits Payroll Dec "13th month" 2016 Payroll Payroll 1,015.02$ Total 12/31/2016 001-000-000-576-80-11-00 Salaries, Wages & Benefits Payroll Dec "13th month" 2016 Payroll Payroll 676.52$ Total 12/31/2016 101-000-000-542-30-11-00 Salaries, Wages & Benefits 7,604.30$ Payroll Grand Total AGENDA ITEM 8.4a January 2017 Check Register Page 1 of 4 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description Bellevue Christian School 1/11/2017 Facility Rental/Public Hearing $250.00 58377 1/13/2017 001-000-000-558-60-31-00 Operating Supplies $250.00 58377 Total AVrent.com 150960 Audio/Visual for Public Hearing $1,637.03 58429 1/13/2017 001-000-000-558-60-41-00 Prof Services $1,637.03 58429 Total AWC 12/20/16 INV 2017 AWC member fees $1,608.00 58430 1/13/2017 001-000-000-511-60-41-01 Legislative Activities- Regional/Intergovt AWC 47797 L&I claims fee $905.66 58430 1/13/2017 001-000-000-518-10-49-10 Miscellaneous $2,513.66 58430 Total CNR, Inc 14096 Mitel Phones-Jan2017 $198.48 58431 1/13/2017 001-000-000-514-20-48-00 Repairs & Maint-Annual Software Maint $198.48 58431 Total Comcast 8498330081741723 - 01/7/-2/6/17 Camera 700 LWB $201.27 58432 1/13/2017 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras Comcast 8498330130197935 - 01/07-2/6/17 Camera 1000 LWB $201.27 58432 1/13/2017 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras $402.54 58432 Total IACP 1001242503 Annual Dues $170.00 58433 1/13/2017 001-000-000-521-20-49-40 Dues,Subcriptions,Memberships $170.00 58433 Total Moberly & Roberts, PLLC 648 Prosecutor-Jan2017 $4,000.00 58434 1/13/2017 001-000-000-512-50-41-10 Prosecuting Attorney $4,000.00 58434 Total Norcom 353 Q1-Norcom $25,093.25 58435 1/13/2017 001-000-000-521-20-51-15 Dispatch Services-Norcom Trans $25,093.25 58435 Total Puget Sound Clean Air Agency 17-0585 2017 Clean Air Assessment $9,624.00 58436 1/13/2017 001-000-000-511-60-41-01 Legislative Activities- Regional/Intergovt $9,624.00 58436 Total Sound Cities Association 2666 SCA 2017 Annual Dues $1,954.70 58437 1/13/2017 001-000-000-511-60-41-01 Legislative Activities- Regional/Intergovt $1,954.70 58437 Total Statewide Security Q1 17245 Q1 Alarm Monitoring $240.00 58438 1/13/2017 001-000-000-521-20-42-00 Communications (phone,Pagers) Statewide Security Q1 17157 Q1 Cell Phone Backup $147.00 58438 1/13/2017 001-000-000-521-20-42-00 Communications (phone,Pagers) $387.00 58438 Total WA Cities Insurance Authority 40081 2017 WCIA Insurance $191,048.00 58439 1/13/2017 001-000-000-514-20-46-00 Insurance (WCIA) $191,048.00 58439 Total Amec S46800846 Geotech review $540.00 58444 1/27/2017 001-000-000-558-60-41-07 Engineering Consultant Amec S46800761 Geotech review $776.00 58444 1/27/2017 001-000-000-558-60-41-07 Engineering Consultant $1,316.00 58444 Total Anglin, Albert 01/25/17 REIMB LEOFF1 Benefits $4,569.98 58445 1/27/2017 001-000-000-521-20-21-10 Personnel Benefits-Retirees $4,569.98 58445 Total AT&T Mobility 287258626545X01122017 Connection to NORCOM $252.00 58446 1/27/2017 001-000-000-521-20-42-00 Communications (phone,Pagers) $252.00 58446 Total Bearcom 4550442 Radio Equipment $1,214.62 58447 1/27/2017 001-000-000-521-20-48-00 Repairs & Maint-Equip & Evidence SW $1,214.62 58447 Total Bellevue City Treasurer 90107027 10/26/16-1/4/17 View Pt. Pk-Irrigation $54.59 58448 1/27/2017 001-000-000-576-80-47-00 Utilities Bellevue City Treasurer 02623004 10/25-12/22/16 View Pt Pk-Irrigation $60.82 58448 1/27/2017 001-000-000-576-80-47-00 Utilities $115.41 58448 Total Blumenthal Uniforms & Equipment 6531372 Uniform Belt $53.81 58449 1/27/2017 001-000-000-521-20-22-00 Uniforms Blumenthal Uniforms & Equipment 6784677 Badge $128.78 58449 1/27/2017 001-000-000-521-20-22-00 Uniforms Blumenthal Uniforms & Equipment 11/15/16 STMT 2016 CM for returned item ($143.42)58449 1/27/2017 001-000-000-521-20-22-00 Uniforms Blumenthal Uniforms & Equipment 6607895 Uniform Belt Return ($46.75)58449 1/27/2017 001-000-000-521-20-22-00 Uniforms Blumenthal Uniforms & Equipment 6544376 Credit, badge ($102.48)58449 1/27/2017 001-000-000-521-20-22-00 Uniforms Blumenthal Uniforms & Equipment 6607893 Uniform Badge ($105.77)58449 1/27/2017 001-000-000-521-20-22-00 Uniforms Blumenthal Uniforms & Equipment 6566802 Uniform Items $88.41 58449 1/27/2017 001-000-000-521-20-22-00 Uniforms Blumenthal Uniforms & Equipment 6496592 PD supplies $35.06 58449 1/27/2017 001-000-000-521-20-31-00 Office Supplies Blumenthal Uniforms & Equipment 6496591 PD supplies $23.01 58449 1/27/2017 001-000-000-521-20-31-00 Office Supplies Blumenthal Uniforms & Equipment 6528871 Citation holder, Long $23.01 58449 1/27/2017 001-000-000-521-20-31-40 Police Operating Supplies Blumenthal Uniforms & Equipment 6517648 Officer supplies, batteries & radio $79.73 58449 1/27/2017 001-000-000-521-20-31-40 Police Operating Supplies $33.39 58449 Total Brat Wear 20815 Uniform $549.14 58450 1/27/2017 001-000-000-521-20-22-00 Uniforms $549.14 58450 Total Cdw Government Inc GNM7586 PW Shop Wireless Access Device $455.52 58451 1/27/2017 001-000-000-514-20-41-00 IT Tech, SW Services- City Hall $455.52 58451 Total AGENDA ITEM 8.4b January 2017 Check Register Page 2 of 4 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description Centurylink 4254517838049B - 1/07-2/07/17 CH CC Line $128.30 58452 1/27/2017 001-000-000-518-10-42-00 Postage/Telephone Centurylink 4254542095384B - 1/08-2/08 EMP Line $108.94 58452 1/27/2017 001-000-000-525-60-42-00 Communications/Data $237.24 58452 Total Comcast 8498330130193223 - 01/16-02/15/17 NE 2th Camera $220.27 58453 1/27/2017 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras Comcast 8498330130193264 - 01/16-2/15/17 NE 12th Camera $220.27 58453 1/27/2017 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras Comcast 8498330130193587 - 1/25-2/24/17 PW Shop Internet Services $86.75 58453 1/27/2017 001-000-000-576-80-42-00 Telephone/postage Comcast 8498330130193587 - 12/24/16-1/25/17 PW Shop Internet Services $115.77 58453 1/27/2017 001-000-000-576-80-42-00 Telephone/postage $643.06 58453 Total Eastside Public Safety Communicat'n 8799 Monthly Radio Fees $530.25 58454 1/27/2017 001-000-000-521-20-51-20 Dispatch-EPSCA $530.25 58454 Total ENA Couriers Inc 430347 Courier $31.16 58455 1/27/2017 001-000-000-521-20-42-00 Communications (phone,Pagers) ENA Couriers Inc 430419 Courier $31.16 58455 1/27/2017 001-000-000-521-20-42-00 Communications (phone,Pagers) $62.32 58455 Total Galls Incorporated 6780408 Uniform Lapel Pin $42.65 58456 1/27/2017 001-000-000-521-20-22-00 Uniforms $42.65 58456 Total Goodyear Auto Service Center 214724 Vehicle Maintenance #21 $663.85 58457 1/27/2017 001-000-000-521-20-48-10 Repairs & Maint-Automobiles $663.85 58457 Total Gray & Osborne, Inc.3-16601 2016 NPDES Re[prtomg Assostamce $623.07 58458 1/27/2017 101-000-000-542-30-41-03 NPDES Grant Gray & Osborne, Inc.7-16530 TIB-NE 32nd ST Overlay Insp.$1,359.35 58458 1/27/2017 307-000-000-595-30-63-01 Road Construction Gray & Osborne, Inc.2-16600 Post Office Sidewalk Insp.$2,029.65 58458 1/27/2017 307-000-000-595-30-63-10 Sidewalk-82nd Ave/NE 8th ST, PO Improvements Gray & Osborne, Inc.3-16590 TIB-City Hall Sidewalk Insp.$3,148.30 58458 1/27/2017 307-000-000-595-30-63-11 City Hall $7,160.37 58458 Total Home Depot Credit Services 9022686 Materials for Bomb Box $62.34 58459 1/27/2017 001-000-000-521-20-31-00 Office Supplies Home Depot Credit Services 3010837 Parts for Medina Park Fountains $42.25 58459 1/27/2017 001-000-000-576-80-31-00 Operating Supplies Home Depot Credit Services 5024660 Drywall Sandpaper-City Shop $7.60 58459 1/27/2017 001-000-000-576-80-31-00 Operating Supplies Home Depot Credit Services 1573090 Paint for City Shop $9.86 58459 1/27/2017 001-000-000-576-80-31-01 Maintenance Supplies Home Depot Credit Services 4081647 Spray Paint for Parking Bumpers $6.55 58459 1/27/2017 101-000-000-542-30-31-00 Operating Supplies Home Depot Credit Services 3010838 Sign Posts $106.98 58459 1/27/2017 101-000-000-542-30-41-10 Road & Street Maintenance $235.58 58459 Total Icompass Technologies Inc 17003 iCompass/File pro 2017 $5,010.00 58460 1/27/2017 001-000-000-514-20-41-00 IT Tech, SW Services- City Hall $5,010.00 58460 Total Johnston, Willard Max 01/25/17 REIMB.LEOFF1 Benefits $55.61 58461 1/27/2017 001-000-000-521-20-21-10 Personnel Benefits-Retirees $55.61 58461 Total JR Mailing Services, Inc.21750 Postcard 84th/24th $595.83 58462 1/27/2017 001-000-000-518-10-49-30 Postcard, Public information $595.83 58462 Total KC Municipal Clerks' Association 2017 DUES KCMCA Dues-CC/'DCC $40.00 58463 1/27/2017 001-000-000-518-10-49-20 Dues, Subscriptions $40.00 58463 Total Kirkland Municipal Court DEC16MED Filing Fees $1,140.00 58464 1/27/2017 001-000-000-512-50-51-10 Municipal Court-Traffic/NonTrf $1,140.00 58464 Total Konica Minolta Premier Finance 29714185 Copier $232.24 58465 1/27/2017 001-000-000-518-10-41-00 Professional Services $232.24 58465 Total L.E.I.R.A - % Lezlie Arntz 2017 MEMBERSHIP 2017 Dues Newton & Meyer $100.00 58466 1/27/2017 001-000-000-521-20-49-40 Dues,Subcriptions,Memberships $100.00 58466 Total LaCrosse Footwear Inc.DM-005025 Uniform $131.40 58467 1/27/2017 001-000-000-521-20-22-00 Uniforms $131.40 58467 Total Lowe's Business Account 64283133 Parts for Pond Fountain Anchors $107.13 58468 1/27/2017 001-000-000-576-80-31-00 Operating Supplies $107.13 58468 Total Materials Testing & Consulting, Inc.20205 Concrete Testing-PO Sidewalk $618.25 58470 1/27/2017 307-000-000-595-30-63-10 Sidewalk-82nd Ave/NE 8th ST, PO Improvements $618.25 58470 Total Nando P Merlino, DBA NPM Construction Co.16291201 TIB-City Hall Sidewalk $62,929.80 58471 1/27/2017 307-000-000-595-30-63-11 City Hall $62,929.80 58471 Total Pro-shred 16887 CH Shredding Services $53.00 58472 1/27/2017 001-000-000-518-10-41-00 Professional Services $53.00 58472 Total Puget Sound Energy 200004850133 - 12/15/16-1/13/17 Camera NE 24th $27.60 58473 1/27/2017 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras $27.60 58473 Total AGENDA ITEM 8.4b January 2017 Check Register Page 3 of 4 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description Seattle Times, The 692372 Legal Notice $91.80 58474 1/27/2017 001-000-000-518-10-44-00 Advertising Seattle Times, The 704042 Legal Notices-DS $99.45 58474 1/27/2017 001-000-000-518-10-44-00 Advertising Seattle Times, The 693044 Legal Notice $39.78 58474 1/27/2017 001-000-000-518-10-44-00 Advertising Seattle Times, The 693043 Legal Notice $30.60 58474 1/27/2017 001-000-000-518-10-44-00 Advertising Seattle Times, The 693045 Legal Notice $39.78 58474 1/27/2017 001-000-000-518-10-44-00 Advertising Seattle Times, The 693046 Legal Notice $38.25 58474 1/27/2017 001-000-000-518-10-44-00 Advertising $339.66 58474 Total Security Safe & Lock Inc 506530 Safe Key $2.85 58475 1/27/2017 001-000-000-514-20-49-10 Miscellaneous $2.85 58475 Total SoftwareONE, Inc.US-PSI-551497 365 Cloud Software $3,360.55 58476 1/27/2017 001-000-000-514-20-41-00 IT Tech, SW Services- City Hall SoftwareONE, Inc.US-PSI-551497 365 Cloud Software $3,360.56 58476 1/27/2017 001-000-000-521-20-41-05 IT Services $6,721.11 58476 Total Spot-On Print & Design 44640 84th/24th Open House Postcards $363.78 58477 1/27/2017 001-000-000-518-10-44-00 Advertising $363.78 58477 Total Staples Business Advantage 3327343951 Office Supplies $98.24 58478 1/27/2017 001-000-000-518-10-31-00 Office And Operating Supplies Staples Business Advantage 3327343954 Office Supplies $11.82 58478 1/27/2017 001-000-000-518-10-31-00 Office And Operating Supplies Staples Business Advantage 3327343956 Toner $132.48 58478 1/27/2017 001-000-000-521-20-31-00 Office Supplies Staples Business Advantage 3327343952 PD Supplies $66.31 58478 1/27/2017 001-000-000-521-20-31-00 Office Supplies Staples Business Advantage 3327343955 PD Supplies $93.58 58478 1/27/2017 001-000-000-521-20-31-00 Office Supplies Staples Business Advantage 3327343949 PD Supplies $75.16 58478 1/27/2017 001-000-000-521-20-31-00 Office Supplies $477.59 58478 Total Stewart MacNichols Harmell, Inc., PS Dec-16 Public Defender $950.00 58479 1/27/2017 001-000-000-512-50-41-20 Public Defender $950.00 58479 Total US Bank Voyager Fleet Sys.869362426702 Fleet Fuel $1,250.02 58480 1/27/2017 001-000-000-521-20-32-00 Vehicle Expenses-Gas, Car Wash $1,250.02 58480 Total WA ST Dept of Corrections 45-116648 Trespass Warning Letters $51.75 58481 1/27/2017 001-000-000-521-20-31-40 Police Operating Supplies $51.75 58481 Total Wide Format Company, The 96475 PRR Copies $19.16 58482 1/27/2017 001-000-000-518-10-49-40 Photocopies $19.16 58482 Total Zee Medical Service Co.68326983 Medical Replenishment $98.60 58483 1/27/2017 001-000-000-518-10-31-00 Office And Operating Supplies $98.60 58483 Total Morcos, Alex 1/24/2017 REIMB SCA Conf & OGCC Luncheon $1,068.72 58484 1/27/2017 001-000-000-511-60-41-00 Professional Services Morcos, Alex 1/24/2017 REIMB SCA Conf & OGCC Luncheon $50.00 58484 1/27/2017 001-000-000-511-60-43-00 Travel & Training $1,118.72 58484 Total Bank of America-Business Card KELLERMAN 12/16/16-01/15/17 CC mtg refreshments $28.78 58485 1/30/2017 001-000-000-511-60-49-00 Miscellaneous Bank of America-Business Card SAUERWEIN 12/16/16-01/15/17 Meeting lunch $31.71 58485 1/30/2017 001-000-000-513-10-43-00 Travel & Training Bank of America-Business Card SAUERWEIN 12/16/16-01/15/17 2017 WCMA dues $315.00 58485 1/30/2017 001-000-000-513-10-49-01 Dues, Subscriptions Bank of America-Business Card HALL 12/16/16-01/15/17 2 COM rubber stamps $50.95 58485 1/30/2017 001-000-000-518-10-31-00 Office And Operating Supplies Bank of America-Business Card HALL 12/16/16-01/15/17 Microphone for chambers $82.07 58485 1/30/2017 001-000-000-518-10-48-00 Repairs & Maint-Equipment Bank of America-Business Card KELLERMAN 12/16/16-01/15/17 NPELRA dues, CM & CC $200.00 58485 1/30/2017 001-000-000-518-10-49-20 Dues, Subscriptions Bank of America-Business Card KELLERMAN 12/16/16-01/15/17 WAPRO dues, CC $25.00 58485 1/30/2017 001-000-000-518-10-49-20 Dues, Subscriptions Bank of America-Business Card KELLERMAN 12/16/16-01/15/17 Lg & sm office records storage units $758.00 58485 1/30/2017 001-000-000-518-30-45-00 Facility Rental Bank of America-Business Card SCHERF 12/16/16-01/15/17 Good2Go replenishment $100.00 58485 1/30/2017 001-000-000-521-20-32-00 Vehicle Expenses-Gas, Car Wash Bank of America-Business Card BURNS 12/16/16-01/15/17 CSPA meeting food $189.12 58485 1/30/2017 001-000-000-521-20-43-00 Travel & Training Bank of America-Business Card BURNS 12/16/16-01/15/17 Chief FBI academy dues $90.00 58485 1/30/2017 001-000-000-521-20-49-40 Dues,Subcriptions,Memberships $1,870.63 58485 Total WA ST Dept of Licensing EFT, CPL fees $36.00 EFT, CPL fees 1/31/2017 631-000-000-589-12-52-88 Dept Of Lic-Gun Permit-$18/21 $36.00 EFT, CPL fees Total US Bank EFT, bank fees $107.90 EFT, bank fees 1/31/2017 001-000-000-514-20-49-10 Miscellaneous $107.90 EFT, bank fees Total $339,808.67 Grand Total AGENDA ITEM 8.4b January 2017 Check Register Page 4 of 4 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description Payroll January 2017 Payroll Payroll 17,238.68$ Total 1/31/2017 001-000-000-513-10-11-00 Salaries, Wages & Benefits Payroll January 2017 Payroll Payroll 34,271.10$ Total 1/31/2017 001-000-000-514-20-11-00 Salaries, Wages & Benefits Payroll January 2017 Payroll Payroll 18,907.05$ Total 1/31/2017 001-000-000-518-10-11-00 Salaries, Wages & Benefits Payroll January 2017 Payroll Payroll 118,016.68$ Total 1/31/2017 001-000-000-521-20-11-00 Salaries, Wages & Benefits Payroll January 2017 Payroll Payroll 34,495.14$ Total 1/31/2017 001-000-000-558-60-11-00 Salaries, Wages & Benefits Payroll January 2017 Payroll Payroll 29,313.61$ Total 1/31/2017 001-000-000-576-80-11-00 Salaries, Wages & Benefits Payroll January 2017 Payroll Payroll 19,681.63$ Total 1/31/2017 101-000-000-542-30-11-00 Salaries, Wages & Benefits 271,923.89$ Payroll Grand Total AGENDA ITEM 8.4b Medina City Council Regular Meeting Monday, February 13, 2017 AGENDA BILL Subject: Eastside Transportation Partnership Category: Consent Ordinance Public Hearing City Council Business Resolution Other – Discussion Prepared By: Michael Sauerwein, City Manager Summary: The Eastside Transportation Partnership (ETP) provides a forum to coordinate and prioritize transportation plans and programs. Each year the ETP develops and adopts a package of legislative transportation priorities that address mobility for people, freight and goods, and peak hour congestion on the Eastside. Budget/Fiscal Impact: NA Staff Recommendation: The Mayor recommends that the City Council endorse the Eastside Transportation Partnership’s 2017 Legislative Priorities. City Manager Approval: Proposed Council Motion: “I move to endorse the Eastside Transportation Partnership’s 2017 Legislative Priorities.” AGENDA ITEM 8.5a EASTSIDE TRANSPORTATION PARTNERSHIP 2017 LEGISLATIVE PRIORITIES FINAL (Short) – Rev. Jan 25. 2017 The Eastside Transportation Partnership (ETP) is a collaborative organization representing 21 eastside King County cities and King County. ETP is very appreciative of legislative adoption of the Connecting Washington Transportation Package. Still, more work remains to be done on important Eastside transportation and transit corridors. ETP recommends the following long-term objectives and actions to the State Legislature: 1. Public Works Trust Fund – This financing tool or an alternate must be adequately funded to support transportation infrastructure needs. 2. State Fuel Taxes – All fuel taxes must be indexed to market conditions to help maintain purchasing power. 3. Road Usage Charge Study – We urge continued support for the Vehicle Miles Traveled (VMT) Study currently being conducted by the Transportation Commission and initiation of a VMT demonstration program with extensive public involvement. 4. I-405 –We urge fully funding the remaining improvements in the I-405 Master Plan with special emphasis on reconfiguring the key interchanges at I-90, SR 520, SR 522 SR 527, and I-5 to improve overall corridor traffic flow. 5. I-90 –We urge full funding for improvements to increase the capacity of the I-90 interchanges at Front Street and SR 900 in Issaquah and reconfiguration of the key I-90/I-405 interchange to improve overall traffic flow. 6. SR 18 – The mobility and capacity of this corridor between I-90 and South King County must be improved by redesigning the I-90/SR 18 interchange and constructing an additional lane between I-90 and the Issaquah-Hobart Road. 7. SR 520 – The intersection of SR 520 with both SR 202 and the East Lake Sammamish Parkway has become a significant regional congestion point. We urge the State to work with all affected jurisdictions to develop and fund a work plan to address mobility at this key regional highway intersection. 8. Rural Roads and Bridges – We urge the establishment and funding of a work plan for assisting King County and cities within the county with the repair and/or replacement of aging bridges and maintenance of roads deemed essential for the regional movement of people and goods. 9. Emerging Technologies – Promote and incentivize alternative transportation technologies and supporting infrastructure to support development of transportation and mobility options, continue improvements in fuel mileage standards, and increase use of real-time traffic data to address near- and long-term traffic and mobility issues. 10. Regional Transit – We urge the Legislature to maintain funding for regional and high-capacity transit. Medina City Council Regular Meeting Monday, February 13, 2017 AGENDA BILL Subject: Receive Planning Commission Recommendation to Repeal and Readopt Noise Control Regulations Category: Consent Ordinance Public Hearing City Council Business Resolution Other – Discussion Prepared By: Robert Grumbach, Development Services Director Summary: The City’s noise code is found in Chapter 8.06 and it adopted by reference the King County Noise code. In 2015, King County significantly revised and adopted a new noise code. The King County Code: •Expanded, simplified and clarified, public disturbance and construction noise provisions; •Updated exemptions and variances; and •Consolidated most noise provisions into a single chapter.With King County’s adoption, Medina’s reference to the old King County Noise Code no longer makes sense. Although noise regulations are primarily a matter of nuisance enforcement, provisions for variances constitute development regulations, requiring Planning Commission review per the Medina Municipal Code. This item was placed on the Planning Commission’s work program in July 2016. The Planning Commission completed their review and held a public hearing on December 6, 2016. They completed their deliberations and voted on a recommendation at their January 24, 2017 meeting. Attached to the agenda bill is the Planning Commission’s recommendation and additional information on the noise code. It is worth noting that the proposal deviates from the state statute in WAC 173-60 and will therefore require submission to Ecology who has 90 days to review before the noise regulations can go into effect. Attachment: 1.Planning Commission Recommendation 2.Memo Noise Analysis 3.Memo Noise Code Comparisons4.Discussion Document 10.25.2016 5.Public Comments Budget/Fiscal Impact: Not applicable Staff Recommendation: Approve City Manager Approval: Proposed Council Motion: “I move to direct City Staff and the City Attorney to prepare an Ordinance consistent with the Planning Commission’s Recommendation regarding the repeal and re-adoption of noise control regulations in Chapter 8.06 and place it on the March 13, 2017 regular council meeting agenda.” AGENDA ITEM 8.6 Planning Commission Recommendation Noise Control 1 of 13 MEDINA PLANNING COMMISSION A RECOMMENDATION OF THE PLANNING COMMISSION OF THE CITY OF MEDINA, WASHINGTON, REPEALING AND RE-ADOPTING CHAPTER 8.06 OF THE MEDINA MUNICIPAL CODE TO ESTABLISH NEW NOISE CONTROL REGULATIONS; AND ADOPTING NOISE VARIANCE PROCEDURE WHEREAS, the City of Medina is classified as a non-charter code City under Title 35A Revised Code of Washington (RCW); and WHEREAS excessive sound can be a serious hazard to the public health, welfare, safety, and the quality of life; and WHEREAS, Chapter 70.107 RCW provides authority to the state Department of Ecology to establish maximum noise levels to control noise that adversely affects the health, safety and welfare of the people, value of property, and the quality of the environment, and authorizes local governments to enact their own noise regulations when necessary to address special conditions or control nuisances; and WHEREAS, the Department of Ecology adopted maximum permissible noise levels in WAC 173-60, for vessels under RCW 79A.60 and WAC 352-67, and for sounds created by motor vehicles under WAC 173-62; and WHEREAS, State law designates local governments as the primary entities responsible for regulating noise; however, the Department of Ecology is required to approve local noise control requirements that impose maximum noise levels that differ from State law; and WHEREAS, the Medina Comprehensive Plan adopts Goal LU-G1, which is “to maintain Medina’s high-quality residential setting and character,” and excessive noise can adversely affect the high-quality residential setting and character of the community; and WHEREAS, noise originating from heavy equipment disturbs the peace and quiet of adjacent residents when work is undertaken during evening hours and on Sundays and legal holidays; and WHEREAS, in 1991, the City Council adopted Ordinance No. 547 adopting by reference King County Code, Chapters 12.86 through 12.100, governing excessive noise and noise control and all future amendments, alterations, and additions to said Chapters 12.86 through 12.100 of the King County Code; and WHEREAS, King County adopted Ordinance No. 18000 on March 17, 2015, consolidating, revising, repealing and incorporating various provisions of Chapters 12.86 through 12.100 of the King County Code into Chapter 12.86 King County Code; and WHEREAS, King County, in adopting Ordinance No. 18000, found the expense of relying upon decibel-related provisions to control excessive noise made enforcement impractical due to limited resources and an increase in noise-related conflicts; and ATTACHMENT 1 Planning Commission Recommendation Noise Control 2 of 13 WHEREAS, the City of Medina is a small jurisdiction with limited resources to effectively enforce noise control regulations; and WHEREAS, to guard Medina’s high-quality residential setting and character from the adverse impacts of excessive noise, the city council has determined it can better protect, promote and preserve the public’s health, safety and welfare by adopting provisions that reflect the unique residential character in Medina; and WHEREAS, regulating noise is primarily a matter of nuisance enforcement; however, code provisions allowing for variances from the noise regulations for land use activities, including construction, constitute development regulations; and WHEREAS, in accordance with RCW 36.70A.106, a notice of intent was transmitted to the Washington State Department of Commerce on November 29, 2016 (Material ID # 23110); and WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of Nonsignificance (DNS) for the proposal was issued on November 17, 2016, pursuant to WAC 197-11-340(2); and WHEREAS, the planning commission held public meetings on September 27 and October 25, 2016 to discuss new noise control regulations; and WHEREAS, notice of the Planning Commission’s public hearing was published in The Seattle Times on November 18, 2016, in accordance with the content set forth in MMC 20.83.120, and posted to the City’s notice boards and website on November 18, 2016; and WHEREAS, the Planning Commission held a public hearing on December 6, 2016, to receive testimony for and against the proposal; and WHEREAS, the planning commission considered the proposal, public comments, and other available information, and voted on the proposed amendments. NOW THEREFORE, BE IT ADVISED THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: Section 1. Repeal Chapter 8.06 MMC. Chapter 8.06 of the Medina Municipal Code is recommended to be repealed in its entirety. Section 2. Re-adopt Chapter 8.06 MMC. Chapter 8.06 of the Medina Municipal Code is recommended to be re-adopted to read as follows: NOISE Sections: 8.06.010 Policy. 8.06.020 Findings of special conditions. 8.06.030 Administration. 8.06.040 Definitions. 8.06.100 Environmental sound levels – unlawful sounds. 8.06.110 Environmental sound levels – maximum permissible sound levels. ATTACHMENT 1 Planning Commission Recommendation Noise Control 3 of 13 8.06.120 Environmental sound levels – maximum permissible nighttime sound levels. 8.06.125 Reductions for pure tone and impulsive sounds. 8.06.130 Exemptions – sounds exempt at all times. 8.06.140 Exemptions – sounds exempt during daylight hours. 8.06.150 Exemptions – temporary construction sounds. 8.06.160 Limitations on construction and development activity. 8.06.170 Noise measurement. 8.06.180 Receiving properties within more than one district. 8.06.200 Public nuisance noise. 8.06.210 Public disturbance noise. 8.06.300 Motor vehicles – maximum permissible sound levels. 8.06.310 Motor vehicles – mufflers. 8.06.320 Motor vehicles – modification to motor vehicles. 8.06.330 Motor vehicles – tire sounds. 8.06.340 Motor vehicles – sale of new motor vehicles, which exceed maximum permissible sound levels. 8.06.350 Motor vehicles – exemptions. 8.06.400 Watercraft – maximum permissible sound limits. 8.06.410 Watercraft – mufflers. 8.06.500 Noise variance. 8.06.600 Enforcement. 8.06.610 Chapter additional to other law. 8.06.010 Policy. It is the policy of the City to minimize the exposure of citizens to the physiological and psychological dangers of excessive noise and to protect, promote and preserve the public health, safety and welfare. It is the express intent of the city council to control the level of noise in a manner that promotes the use, value and enjoyment of property; sleep and repose; and the quality of the environment. 8.06.020 Findings of special conditions. The Medina Comprehensive Plan establishes as its first goal to maintain the high-quality residential setting and character of the community. The City of Medina is a small community with limited resources for effective enforcement of its noise ordinance, especially the expensive-to- enforce decibel-related provisions. These factors point to a need to revise the City’s approach to controlling excessive noise. Similar to the approach King County has taken with controlling excessive noise, the city can better protect, promote and preserve the public's health, safety and welfare by decreasing reliance on decibel provisions and improving its public disturbance-based enforcement system. 8.06.030 Administration. The Police Department serves an important function in maintaining public health, safety and welfare by responding to resident complaints, typically in the context of neighborhood noise disturbances. The director also plays an important role in noise control through oversight of permitted activities that generate noise, such as construction work. The Police Chief and the director each have authority to enforce this chapter pursuant to its provisions. ATTACHMENT 1 Planning Commission Recommendation Noise Control 4 of 13 8.06.040 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. "Construction" means any site preparation, grading, building, demolition, substantial repair, alteration or similar action. "dB(A)" means the sound level measured in decibels, using the "A" weighting network. "Director" means the director of development review services or another person designated by the city manager. "District" means the land use zones to which this chapter is applied. For the purposes of this chapter: 1. “Residential districts” are Class A EDNA environments and include the R-16, R-20, R-30 and SR-30 zoning districts set forth in Title 20 MMC; 2. “Commercial districts” are Class B EDNA environments and include the N-A and Public zoning districts as well as lands designated with State ROW set forth in Title 20 MMC. “EDNA" means the environmental designation for noise abatement, being an area or zone (environment) within which maximum permissible noise levels are established using the criteria set forth in WAC 173-60-030. "Equipment" means any stationary or portable device or any part thereof capable of generating sound. "Impulsive sound" means sound having the following qualities: the peak of the sound level is less than one second and short compared to the occurrence rate; the onset is abrupt; the decay rapid; and the peak value exceeds the ambient level by more than ten dB(A). "Leq" means the equivalent sound level that is the constant sound level in a given time that conveys the same sound energy as the actual time-varying, A-weighted sound. The applicable time-period must be specified. “Lmax” means the maximum sound level over a measurement interval determined by using a sound level meter set to “Fast” response time. "Muffler" means a device consisting of a series of chambers or other mechanical designs for receiving exhaust gas from an internal combustion engine, or for the purpose of introducing water to the flow of the exhaust gas, and that is effective in reducing sound resulting therefrom. "Noise" means the intensity, duration and character of sounds from any and all sources. “Off-highway vehicle” means any self-propelled motor-driven vehicle not used primarily for transporting persons or property upon highways nor required to be licensed under RCW 46.16.010. The term “off-highway vehicle” does not include special construction vehicles. "Person" means any individual, firm, association, partnership, corporation or any other entity, public or private. "Public highway" means the entire width between the boundary lines of every way publicly maintained by the Washington state Department of Transportation or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right. "Real property" means an interest or aggregate of rights in land that is guaranteed and protected by law. "Real property" includes a leasehold interest. "Receiving property" means real property within which sound originating from outside the property is received. "Sound level" means the weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in American National Standards Institute Specifications, Section 1.4-1983. "Sound level meter" means a device or combination of devices which measures sound pressure levels and conforms to Type 1, Type 2 or Type 3 standards as specified in the American National Standards Institute Specification S1.4-1983. An impulse sound level meter shall be a peak or ATTACHMENT 1 Planning Commission Recommendation Noise Control 5 of 13 impulse, unweighted sound level meter, which is capable of measuring impulse sound in conformance with the Type 1 or Type 2 specifications of ANSI S1.4-1983. “Use” means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted. "Watercraft" means any contrivance, including aircraft taxiing, but excluding aircraft in the act of actual landing or takeoff, used or capable of being used as a means of transportation or recreation on water, powered by an internal or external combustion engine. "Weekday" means any day Monday through Friday that is not a legal holiday. "Weekend" means Saturday, Sunday or any legal holiday as set forth in RCW 1.16.050(1). 8.06.100 Environmental sound levels – unlawful sounds. It is unlawful for any person to cause sound, or for any person in possession of property to permit sound originating from such property, to intrude into the real property of another person whenever such sound exceeds the maximum permissible sound levels established by this chapter. 8.06.110 Environmental sound levels – maximum permissible sound levels. A. For sound sources located within the city limits, the maximum permissible sound levels are set forth in Table 8.06.110. Table 8.06.110 Maximum Permissible Sound Levels District of Noise Source District of Receiving Property Residential Commercial Residential 55 dB(A) 57 dB(A) Commercial 57 dB(A) 60 dB(A) B. During a measurement interval, Lmax may exceed the sound level limits of this section by no more than 15 dB(A). 8.06.120 Environmental sound levels – maximum permissible nighttime sound levels. A. Between 10:00 pm and 7:00 am during weekdays, and between 10:00 pm and 9:00 am on weekends, the maximum permissible sound levels in Table 8.06.110 shall be reduced to the levels set forth in Table 8.06.120. Table 8.06.120 Nighttime Maximum Permissible Sound Levels District of Noise Source District of Receiving Property Residential Commercial Residential 45 dB(A) 47 dB(A) Commercial 47 dB(A) 50 dB(A) B. During any measurement interval, Lmax shall not exceed 60 dB(A) during the hours set forth in this section. C. The following sounds are exempt from the nighttime maximum permissible sound levels in Table 8.06.120 and the Lmax level in MMC 8.06.120(B): 1. Sounds created by existing stationary equipment used in the conveyance of water, wastewater, or natural gas by a utility; and 2. Sounds created by electrical substations. ATTACHMENT 1 Planning Commission Recommendation Noise Control 6 of 13 8.06.125 Reductions for pure tone and impulsive sounds. A. For any source of sound that has a “pure tone component,” the levels established by Tables 8.06.110 and 8.06.120 shall be reduced by five dB(A), but this reduction shall not be imposed on any electrical substation. "Pure tone component" means sound having the following qualities: a one-third octave band sound pressure level in the band with the tone that exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by: 1. Five decibels for center frequencies of 500 Hz and above; 2. Eight decibels for center frequencies between 160 and 400 Hz; and 3. Fifteen decibels for center frequencies less than or equal to 125 Hz. B. For any source of sound that is impulsive and not measured with an impulse sound level meter, the levels established by Table 8.06.110 and 8.06.120 are reduced by five dB(A). 8.06.130 Exemptions – sounds exempt at all times. The following sounds are exempt from the maximum permissible sound levels set forth in this chapter: A. Sounds originating from aircraft in flight and sounds that originate at airports, which are directly related to flight operations; B. Sounds created by normal docking and undocking operations of all watercraft that otherwise meet the requirements of this chapter; C. Sounds created by watercraft picking up or dropping off water skiers; D. Sounds created by safety and protective devices, if noise suppression would defeat the safety intent of the device; E. Fire alarms; F. Sounds created by warning devices of not more than five minutes in duration per incident. "Warning device" means a device that is working as intended to provide public warning of potentially hazardous, emergency or illegal activities such as, but not limited to security alarms and the emergency alert system; G. Sounds created by emergency equipment and emergency work necessary in the interests of law enforcement or for the health, safety or welfare of the community. "Emergency work" means any one of the following: 1. Work required restoring property to a safe condition following a disaster; 2. Work required protecting persons or property from an imminent danger; 3. Work by private or public utilities for providing or restoring immediately necessary utility service; or 4. Work to address other emergencies as determined by the director; H. Sounds caused by natural phenomena and unamplified human voices; and 8.06.140 Exemptions – sounds exempt during daylight hours. The following sounds are exempt from this chapter between 7:00 am and 10:00 pm on weekdays and between 9:00 am and 10:00 pm on weekends, unless other hours are specified: A. Sounds created by bells, chimes, or carillons not operating for more than five minutes in any one hour; B. Sounds created by blasting; and C. Sounds originating from lawful pickets, marches, parades, rallies and other similar public events. D. Sounds created by powered equipment used in temporary or periodic maintenance or repair of the grounds or appurtenances of any property, including lawnmowers, leaf blowers, ATTACHMENT 1 Planning Commission Recommendation Noise Control 7 of 13 powered hand tools, snow-removal equipment provided their operations are restricted to the hours between 8:00 am and 7:00 pm weekdays and between 9:00 am and 7:00 pm on weekends. E. Sounds originating from the testing of emergency equipment including generators provided the Lmax does not exceed 62 dB(A). 8.06.150 Exemptions – temporary construction sounds. A. Normal and usual sounds created by temporary construction activity, including on or by watercraft, are exempt from the maximum permissibile sound levels set forth in this chapter provided: 1. The operation of heavy equipment, including crawlers, tractors, bulldozers, rotary drills and augers, loaders, power shovels, cranes, derricks, graders, off-highway trucks, ditchers, trenchers, compactors, compressors and other similar equipment, on a construction site that occur between the hours of 7:00 am and 7:00 pm weekdays and between 9:00 am and 5:00 pm on Saturday; 2. The operation of impact types of construction equipment including pavement breakers, pile drivers, jackhammers, sandblasting tools or other types of equipment or devices on a construction site that create impulse noise or impact noise that occur between the hours of 8:00 am and 5:00 pm on weekdays and between 9:00 am and 5:00 pm on Saturday; 3. All other construction activities that occur during the hours set forth in MMC 8.06.160(A)(1); and 4. Exemptions for sounds created by temporary construction activity shall not apply to any construction sounds exceeding an Lmax of 85 dB(A). B. Exterior construction sound levels heard from the interior of buildings, after efforts including closing windows and doors are taken to reduce the impact of the exterior construction noise, must not be unreasonable. Whether the construction sound levels are within the maximum permissible sound levels of this chapter when measured inside of the building may be a factor in determining reasonableness. 8.06.160 Limitations on construction and development activity. A. General. 1. All commercial construction and development activities or associated operations of any heavy equipment before 7:00 am and after 7:00 pm weekdays, and before 8:00 am and after 5:00 pm on Saturday are prohibited. 2. No construction and development activity or use of heavy equipment can occur on Sundays or holidays that are holidays observed by the city. B. Exceptions. 1. The city manager or designee may grant written permission to engage in any construction and development activity or to operate heavy equipment during hours outside of the hour restrictions set forth in MMC 8.06.160(A) provided the construction and development activity or the operation of heavy equipment will not unreasonably interfere with any residential use. The city manager or designee in granting permission may attach conditions as necessary to protect the public health, safety and welfare. 2. For an emergency repair, the hour restrictions set forth in MMC 8.06.160(A) shall not apply. The city manager or designee shall determine what constitutes an emergency repair. ATTACHMENT 1 Planning Commission Recommendation Noise Control 8 of 13 8.06.170 Sound measurement. A. If the measurement of sound is made with a sound level meter, it shall be an instrument in good operating condition and shall meet the requirements for a Type 1 or Type 2 instrument, as described in American National Standards Institute Specifications, Section 1.4-1983, as it now exists or as hereafter amended. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such manner that the overall accuracy shall be at least that called for in Section 1.4-1983, as it now exists or as hereafter amended for Type 2 instruments. B. Sound level measurements shall be based on the Leq during the measurement interval, using a minimum measurement interval of one minute for a constant sound source or a thirty-minute measurement for a non-continuous sound source. C. When the location, distance or technique prescribed in this chapter for measurement of sound is impractical, or would yield misleading or inaccurate results, measurements may be taken at other locations or distances using appropriate correction factors. 8.06.180 Receiving properties within more than one district. Where a receiving property lies within more than one district, the maximum permissible sound level shall be determined by the district within which the measurement is made. 8.06.200 Public nuisance noise. A. It is unlawful for any person to cause, or for any person in possession of property to allow originating from the property, sound that is a public nuisance noise. For the purposes of this section, "public nuisance noise" means any sound that unreasonably annoys, injures, interferes with or endangers the comfort, repose, health or safety of a community or neighborhood. B. A noise need not exceed the maximum permissible sound levels of this chapter or be a public disturbance noise, as described in MMC 8.06.210, in order to be a public nuisance noise. 8.06.210 Public disturbance noise. A. It is unlawful for any person to cause or make, or for any person in possession of property to allow or originate from the property, sound that is a public disturbance noise; and to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a police officer or city official authorized by the city manager to enforce provisions of this chapter. For the purposes of this section, "public disturbance noise" means any sound that unreasonably disturbs or interferes with the peace, comfort or repose of a person or persons. The hour of the day at which the sound occurs may be a factor in determining reasonableness. Sounds that are public disturbance noises may include: 1. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; 2. Frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle, watercraft or internal-combustion engine; 3. The use of a sound amplifier or other device capable of producing or reproducing amplified sound upon public streets for the purpose of commercial advertising or sales or for attracting the attention of the public to any vehicle, structure, or property or the contents therein, except as permitted by law, and except that vendors whose sole method of selling is from a moving vehicle shall be exempt from this subsection; ATTACHMENT 1 Planning Commission Recommendation Noise Control 9 of 13 4. Loud and raucous sound generated within one thousand feet of any school; 5. Loud and raucous sound that emanates frequently, repetitively or continuously from any building, structure or property, including watercraft, located within a residential district or on an adjoining body of water, such as sounds originating from a band session or social gathering; 6. Frequent, repetitive or continuous sound, including but not limited to impulsive or amplified sound such as emanates from an audio device, where the sound is plainly audible or can be felt at fifty feet or more from the source of sound, or three hundred feet or more if the source of sound is from a watercraft, when the sound is received in a residential or rural district. For the purposes of this subsection, "plainly audible" means any sound that can be detected by unaided hearing faculties of normal acuity, including, but not limited to, being able to detect the rhythmic bass component of music coming from a sound amplifier regardless of whether the title, specific words or artist performing the song can be identified; and 7. Any sound out of doors that interferes with normal conversation at a distance of fifty feet or more from the source of the sound when the sound is received in a residential district; and 8. Any sound originating from real property between the hours of 10:00 pm and 7:00 am that is amplified noise plainly audible to a person of normal hearing when measured inside a receiving dwelling unit. 9. Any other unreasonably loud, disturbing, continuous, irritating or unnecessary noise, whether emanating from a human, animal or mechanical source. B. A noise need not exceed the maximum permissible sound levels of this chapter or be a public nuisance noise in order to be a public disturbance noise. 8.06.300 Motor vehicles – maximum permissible sound levels. A. It is unlawful for any person to operate upon any public highway any motor vehicle or any combination of motor vehicles under any conditions of grade, load, acceleration or deceleration in such manner as to exceed the maximum permissible sound levels for the category of vehicle in Table I of WAC 173-62-030, as measured at a distance of fifty feet from the center of the lane of travel within the speed limits specified, by measurement procedures established by the State Commission on Equipment. B. The maximum permissible sound levels set forth in this section shall not apply to noise caused by auxiliary equipment on motor vehicles used for highway maintenance, nor to noise caused in the performance of emergency work for the immediate safety, health or welfare of the community or of individuals of the community, or to restore property to a safe condition following a public calamity. 8.06.310 Motor vehicles – mufflers. It is unlawful for any person to operate, or for any owner to permit any person to operate, any motor vehicle upon the public highways, which is not equipped with a muffler in good working order and in constant operation. 8.06.320 Motor vehicles – modification to motor vehicles. It is unlawful for any person to modify or change any part of a motor vehicle or install any device thereon in any manner that permits sound to be emitted by the motor vehicle in excess of the limits prescribed by this chapter. It is unlawful for any person to remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair or replacement, any muffler or sound-dissipative device on a motor vehicle. ATTACHMENT 1 Planning Commission Recommendation Noise Control 10 of 13 8.06.330 Motor vehicles – tire sounds. It is unlawful for any person to operate a motor vehicle in such a manner as to cause, or allow to be emitted, squealing, screeching or other such a sound, from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason. However, sound resulting from emergency braking to avoid imminent danger is exempt from this section. 8.06.340 Motor vehicles – exemptions. Sounds created by motor vehicles are exempt from the maximum permissible sound levels of MMC 8.06.110 and MMC 8.06.120, except that sounds created by any motor vehicle operated off public highways shall be subject to the sound levels of MMC 8.06.110 and MMC 8.06.120, when such sounds are received in a residential district. 8.06.400 Watercraft – maximum permissible sound limits. A. It is unlawful for any person to operate any watercraft on the water within the City of Medina in such a manner as to exceed the following maximum sound limits when measured within fifty feet of the shoreline or anywhere within a receiving property: 1. At any hour of the day or night, the limit for any receiving property shall be 74 dB(A); and 2. Between the hours of 10:00 pm and 7:00 am, the limit for sounds received within a residential district shall be 64 dB(A). B. Sounds created by auxiliary equipment operated on watercraft for the purposes of dredging or pile driving is governed under the provisions for construction sounds. C. Chapter 352-67 WAC relating to vessel sound level measurement procedures are adopted by reference. 8.06.410 Watercraft – mufflers. A. It is unlawful for any person to operate any watercraft, except aircraft, on the waters inside the city limits, which is not equipped with a functioning underwater exhaust or a properly installed and adequately maintained muffler. Any one or more of the following defects in the muffling system shall constitute a violation of this section: 1. The absence of a muffler; 2. The presence of a muffler cut-out, bypass, or similar device, which is not standard or normal equipment for the exhaust system being inspected; 3. Defects in the exhaust system including, but not limited to, pinched outlets, holes, or rusted-through areas of the muffler or pipes; 4. The presence of equipment that will produce excessive or unusual noise from the exhaust system. B. Dry stacks or water-injected stacks not containing a series of chambers or mechanical designs effective in reducing sound shall not be considered as adequately maintained mufflers. 8.06.500 Noise variance. A. The purpose of a noise variance is to provide relief where immediate compliance with the requirements of this chapter cannot be achieved because of special circumstances rendering immediate compliance unreasonable. B. Temporary noise variance. ATTACHMENT 1 Planning Commission Recommendation Noise Control 11 of 13 1. Procedures. Temporary noise variance applications are processed as a Type 1 decision pursuant to the review procedures set forth in chapter 20.80 MMC. The director is appointed as the decision authority to decide requests for temporary noise variances. 2. Limitations. A temporary noise variance may only be granted if all of the following are satisfied: a. The exemption is limited to one 24 hour period; b. No more than one temporary noise variance per month may be granted, not to exceed four in any 12-month consecutive period; c. The Lmax does not exceed 85 dB(A); and d. There are no active or future applications within the next six months for a noise variance under MMC 8.06.500(C) or (D) applicable to the site. 3. Criteria for Approval. The director may approve a temporary noise variance if the director determines that the requested variance will not endanger public health or safety. 4. Conditions of Approval. The director may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. 5. Lapse of approval. An administrative noise variance shall expire three months after being issued. There is no administrative appeal of a temporary noise variance. C. Administrative noise variance. 1. Procedures. Administrative noise variance applications are processed as a Type 2 decision pursuant to the review procedures set forth in chapter 20.80 MMC. The director is appointed as the decision authority to decide requests for administrative noise variances. 2. Limitations. An administrative noise variance may be granted only for the following: a. The exemption from the provisions of this chapter is limited to a period not to exceed fourteen days during any 12-month consecutive period; and b. A project may not have more than one administrative noise variance granted for the entire project. A site containing multiple projects occurring during any five-year period shall be deemed a single project for purposes of qualifying for an administrative noise variance. 3. Criteria for Approval. The director may approve an administrative noise variance if the director determines that the requested variance does not significantly affect a substantial number of people or endanger public health or safety. 4. Conditions of Approval. The director may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. 5. Lapse of approval. An administrative noise variance shall expire after one year from the later date of the decision being issued or an appeal becoming final. D. Non-administrative noise variance. 1. Procedures. Non-administrative noise variance applications are processed as Type 3 decisions pursuant to the review procedures set forth in chapter 20.80 MMC. The hearing examiner is designated as the decision authority to decide non-administrative noise variances. 2. Criteria for Approval. The hearing examiner may approve a non-administrative noise variance if the following criteria are satisfied: a. That strict enforcement of this chapter creates an unnecessary hardship where immediate compliance with this chapter is unreasonable; b. The noise variance is necessary because of: i. Unique circumstances caused by other regulatory or contractual requirements; ii. The type of project or special construction requirements; or iii. For a public agency project, the granting of the variance is in the overall best interests of the public; ATTACHMENT 1 Planning Commission Recommendation Noise Control 12 of 13 c. That there is no reasonable economically or technically feasible way to achieve compliance with this chapter; d. That the request for relief is the minimum necessary; e. That the granting of the variance is not materially detrimental or injurious to the public welfare. 3. Conditions of Approval. The hearing examiner may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. 4. Lapse of approval. A non-administrative noise variance shall expire after one year from the later date of the decision being issued or an appeal becoming final. However, the hearing examiner may grant a longer period for the variance provided the longer period is the minimum necessary. E. Submission requirements. A request for a non-administrative noise variance shall meet the submission requirements set forth in MMC 20.80.080 plus the following: a. Identify the specific section or sections of the noise regulations for which the variance is being requested; b. Identify all property owners who will be impacted by sound levels exceeding the maximum permissible sound levels if the administrative noise variance is granted; c. Include written analyses and supporting documentation demonstrating that the project or activity will not impact a substantial number of people or endanger public health or safety; and d. Proposed mitigation measures to minimize noise impacts on nearby properties. F. Noticing requirements. In addition to the noticing requirements set forth in chapter 20.80 MMC for a Type 2 decision, mailed notice shall be sent to all property owners impacted by sound levels exceeding the maximum permissible sound levels if the non-administrative noise variance is granted. G. Any applicant granted a non-administrative noise variance in accordance with the procedures of this section shall be exempt from the maximum permissible sound levels or public disturbance provisions established by this chapter, to the extent provided in the variance. 8.06.600 Enforcement. A. Violations. 1. All offenses defined in this chapter relating to the operation of motor vehicles shall constitute traffic infractions. Other violations of the provisions of this chapter shall constitute Class 1 Civil Infraction per chapter 7.80 RCW, which is hereby incorporated by reference, except as provided in MMC 8.06.600(3). 2. Each day of violation shall be deemed a separate infraction. 3. If the same violator has been found, in any court of competent jurisdiction, to have previously committed an infraction for the same or similar conduct three or more separate times within any six-month consecutive period, with the infraction violations occurring at the same location and involving the same or similar sections of the code, any further violations shall constitute misdemeanors. For the purposes hereof, it shall be prima facie evidence that the same violator has previously been found to have committed any infraction if a certified copy of the judgment, docket or other court document showing that such violation was found committed is filed with the court. B. Alternative enforcement. Nothing in this section shall limit the city’s ability to apply the procedures and pursue remedies available under chapters 8.04 or 1.15 MMC, or any party’s right to seek relief from any alleged nuisance under state or common law. ATTACHMENT 1 Planning Commission Recommendation Noise Control 13 of 13 8.06.610 Chapter additional to other law. The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other claim, cause of action or remedy. Unless otherwise specifically provided, this chapter shall not be deemed to repeal, amend or modify any law, ordinance or regulation relating to noise, but shall be deemed additional to existing legislation and common law on noise. APPROVED BY THE PLANNING COMMISSION ON THIS 24th DAY OF JANUARY 2017. ___________/ S /_______________ Planning Commission Chair Attest: _____________________________ Robert J. Grumbach Development Services Director ATTACHMENT 1 1 CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.451.8197 (fax) www.medina-wa.gov MEMORANDUM To: PLANNING COMMISSION From: ROBERT J. GRUMBACH, AICP Date: January 24, 2016 Subject: Analysis of Noise At the December 6 planning commission meeting the Planning Commission requested information to better understand the impacts from the noise standards set forth in the proposal. This memorandum is intended to provide additional background information in which to make comparisons and evaluate the proposed noise standards. Washington Administrative Code 173-60: The Washington Administrative Code (WAC) 173-60 established the following standards for maximum permissible sound levels: Source Receiving Property Residential Commercial Industrial Residential 55 dBA* 57 dBA 60 dBA Commercial 57 dBA* 60 dBA 65 dBA Industrial 60 dBA* 65 dBA 70 dBA *Between the nighttime hours of 10:00 pm and 7:00 am, weekdays, weekend the maximum residential standards are reduced by 10 dBA. WAC 173-60 does not specifically mention Leq (Equivalent Sound Level (average)) or Lmax (Maximum Sound Level) in the context of the above Table. However, the WAC does increase the above standards by 5 dBA for 15 minutes, 10 dBA for 5 minutes, and 15 dBA for 1½ minutes. The limits applicable for various durations of time refer to the instantaneous, fluctuating sound level over the course of one hour. Converting this into a table could look like the table below using the residential to residential standard as an example: ATTACHMENT 2 2 Instantaneous sound levels: Level exceeding 70 dBA: Not Allowed Select One Level between 65 and 70 dBA: Allowed for no more than 1.5 minutes total over a one hour period; or, Level between 60 and 65 dBA Allowed for no more than 5 minutes total over a one hour period; or Level between 55 and 60 dBA Allowed for no more than 15 minutes total over a one hour period Level 55 dBA or below Allowed for the whole hour The allowable levels for each duration are reduced by 10 dBA at night Note that the WAC assigns a total time to each of these meaning the 1.5 minutes, 5 minutes and 15 minutes can be spread out over the course of the full hour. If any of the combinations of levels listed in the table above are converted into an hourly Leq, the results can theoretically exceed 55 dBA (55.375 dBA, or 55.316 dBA, or 56.25 dBA). In practice a source of sound is not neatly going to operate at the maximums allowed by this table, which is one of the challenges with implementing the state noise provisions. Lmax vs. Leq: The use of a Lmax or a Leq as a standard for establishing limits on sound levels is determined by local regulation. Lmax is a basic measurement used in many applications. It measures the noisiest event in a time interval, but it does not measure the total sound energy that a person might experience over time because it represents only a moment in time. The noise source producing the Lmax might last a second or two or the same noise source could run continuously. It is not a sufficient indicator of evaluating impacts because it does not track the total sound energy experienced by an event. Leq, which averages the sound level over a specified time period, shows the total sound energy a person might experience because it tracks the sound energy over the entire specified period. Because hearing damage is a factor of loudness and exposure duration, sound descriptors measuring overall sound energy, such as Leq, are considered a better indicator of potential hearing damage. The American National Standards Institute (ANSI) Standard S12.9 Part 4 considers the Day-Night Level, which is derived from the Leq, as a predictor of potential annoyance repose of a community to outdoor long-term noise and of the likelihood that a noise will generate complaints. In Washington State, a sampling of other jurisdictions indicated most adopted noise regulations are consistent with the language in WAC 173-60 (which was last updated in the year 2000) plus locally adopted provisions for noise nuisance/ disturbance laws. However, Seattle (2009) and King County (2015), and to a lesser extent Bellevue, adopted Leq standards. Medina’s current noise regulations, which references the old King County Noise Control regulations, uses a mix of the state’s standards using instantaneous sound levels and allowable durations (applicable to most activities) and ATTACHMENT 2 3 Leq standards (applicable to construction activities). The new King County Code uses Leq standards using one minute and 30 minute timed intervals with Lmax standards also adopted. This is the same being suggested for Medina. Different Noise levels: The following table contains common noise generators and the sound levels generated at a distance a person is typically from the source. Device dBA Normal Breathing 10 Soft Whisper 30 Typical Living Room 40 Rainfall 50 Bathroom Exhaust Fan 54 – 55 Normal Conversation 60 Air Conditioner 50 – 75 Power Lawn Mower 65 – 95 Vacuum Cleaner 84 – 89 Leaf Blower 95 – 105 Motorcycle 95 – 110 Snow Blower 105 Shouting into Ear 110 Symphony Concert 110 Thunder 120 Source: Center for Hearing and Communications; and Noise Pollution Clearinghouse Evaluating Noise Standards: Safety: Damage to hearing tends to be the main concern of safety regulations involving noise. According to the national Institute for Occupational Safety and Health, continued exposure above 85 dBA over an eight hour time-period will damage hearing and cause hearing loss. Noise levels above 140 dBA can damage hearing after just one exposure. The U.S. Environmental Protection Agency established a Leq of 70 dBA over a 24 hour day as being safe from hearing damage. Lmax can be up to 100 dBA provided the averages remain within the 70 dBA range. Annoyance: There are provable psychological reactions, e.g., anger, strain or nervousness, and physical reactions, e.g. increase of blood pressure even at A-weighted sound pressure levels below 85 dBA. The World Health Organization (1999) evaluates sound level ATTACHMENT 2 4 using a 16-hour daytime Leq measurement. They developed the following noise criteria for noise annoyance in residential areas (the Lamax is for protecting sleep disruption): Impact Characterization Daytime Leq Nighttime Leq Nighttime Lamax Serious Annoyance 55 45 60 Moderate Annoyance 50 40 60 According to a study by Paul Schomer (A white Paper: Assessment of Noise Annoyance, 2001), the vast majority of federal administrations, agencies, boards and commissions use a 24-hour Daytime-Nighttime Noise Level average of 55 dBA or lower as a level of significance for noise (the Federal Highway Administration established a 67 dBA Leq during the peak hour of a 24 hour period as their threshold). The U.S. Environmental Protection Agency recommends a 24-hour Daytime-Nighttime Noise Level average of 55 dBA as the level requisite to protect health and welfare with an adequate margin of safety. Daytime-Nighttime Noise Level average means the average (Leq) sound level over a 24-hour period with a 10 dBA penalty added to the levels during the nighttime hours of 10 p.m. to 7 a.m. (the penalty accounts for the fact that night environments tend to have less noise causing noise occurrences to have greater impacts). In evaluating instances of annoyance, disturbances and complaints associated with a particular noise exposure, studies made adjustments for the type of residential neighborhood where these occurred. The studies found that for residential urban areas noise impacts become significant when the 24-hour Daytime-Nighttime Noise Level average exceeds 55 dBA, in suburban areas noise impacts become significant when the Daytime-Nighttime Noise Levels exceeds 50 dBA, and in rural areas noise impacts become significant when the Daytime-Nighttime Noise Levels exceeds 45 dBA. Attached is a condensed version of a publication by the EPA regarding Protective Noise Levels. The information in this report is consistent with Paul Schomer’s report, which relevant parts are summarized above. ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 1 CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.451.8197 (fax) www.medina-wa.gov MEMORANDUM To: PLANNING COMMISSION From: ROBERT J. GRUMBACH, AICP Date: December 6, 2016 Subject: Comparison of Changes – Noise Control The following is a comparison of the existing noise control regulations referenced in the old King County Code and the new noise control regulations. Description King County Code New Code Districts Rural, Residential, Commercial, Industrial Residential, Commercial Residential Districts Zoning Commercial District Zoning R-16, R-20, R-30, SR-30NA R-16, R-20, R-30, SR-30NA, Public, State ROW Daytime Hours 7:00 am to 10:00 pm Monday – Friday 9:00 am to 10:00 pm Saturday/ Sunday/ Holidays Same Maximum Sound Levels Residential to Residential: 55 dba Residential to Commercial: 57 dba Commercial to Residential: 57 dba Commercial to Commercial: 60 dba Same Maximum Nighttime Sound Levels Residential to Residential: 45 dba Residential to Commercial: 47 dba Commercial to Residential: 47 dba Commercial to Commercial: 60 dba Residential to Residential: Same Residential to Commercial: Same Commercial to Residential: Same Commercial to Commercial: 50 dba Short Duration Sounds 5 dba increase for 15 minutes 10 dba increase for 5 minutes 15 dba increase for 1 ½ minutes Deleted Pure Tone Subtract 5 dba Subtract 5 dba for 500 Hz and above Subtract 8 dba for 160 to 400 Hz Subtract 15 dba for 125 Hz and less Limit on Lmax None Plus 15 dba Temporary Construction Sound Exemptions Hours 7:00 am to 10:00 pm Monday – Friday 9:00 am to 10:00 pm Saturday/ Sunday/ Holidays Heavy Equipment:: 7:00 am to 7:00 pm Monday – Friday 9:00 am to 5:00 pm Saturday Impact Type Equipment: 8:00 am to 5:00 pm Monday – Friday 9:00 am to 5:00 pm Saturday Temporary Construction Maximum Sounds Plus 25 dba for construction equipment Plus 20 dba for portable equipment 99 dba for 7 ½ minutes ATTACHMENT 4 2 Description King County Code New Code Ground Maintenance Maximum Sounds Exemptions/ Hours Plus 15 dba 7:00 am to 10:00 pm Monday – Friday 9:00 am to 10:00 pm Saturday/ Sunday/ Holidays None 8:00 am to 7:00 pm Monday – Friday 9:00 am to 7:00 pm Saturday/ Sunday/ Holiday Temporary Construction Maximum Sounds - Impact 90 dba continuous 93 dba for 30 minutes 96 dba for 15 minutes 99 dba for 7 ½ minutes 99 dba for 7 ½ minutes Limitations on development activity hours (non-King County Code) 7:00 am to 7:00 pm Monday – Friday 9:00 am to 5:00 pm Saturday Exemptions may be granted • Same hours and exemption • Add emergency exemption Exemptions - All • Aircraft • Safety and protective devices • Fire alarm • Warning devices • Emergency equipment/ work • Natural phenomena and unamplified human voices • Firearms • Harvest activities in rural areas • Fireworks • Lawful picket/ marches/ parades in rural areas • Same • Same • Same • Same • Same • Same Exemptions - daytime • Bells/ Chimes • Sanctioned parades/ public events • Shooting ranges • Blasting • Harvest activities in residential • Motor vehicle racing • Lawful pickets/ marches/ parades in residential • Same • Same • Delete • Same Exemptions - nighttime • Electric Substations • Utility related • Same • Same Noise measurements Type 1 or Type II instrument • Type I or Type II instrument • Minimum interval of one minute for constant sound and 30 minutes for non-continuous sound Motor Vehicle Maximum Sound Levels – highway Uses WAC 173-62-030 standards Same Motor Vehicle Maximum Sound Levels – non-highway Exempt unless noise is received in residential and then subject to daytime and nighttime maximum sound levels Same Watercraft Maximum Sound Levels 74 dba, except 64 dba between 10:00 pm and 7:00 am Same Watercraft Sound Exemption • Normal docking • Pickup/ drop off skiers • Auxiliary equipment • Motorboat races • Same • Same • Same • Deleted ATTACHMENT 4 3 Description King County Code New Code Public Nuisance Noise which unreasonably annoys, injuries, interferes with, or endangers the comfort, repose, health or safety of any entire community or neighborhood Same – added noises do not have to exceed maximum permissible sound levels to be a public nuisance Public Disturbance • Motor vehicle horns or sirens, except as warning • Motor vehicle revving • Amplified advertisement • Loud and raucous sounds with 1,000 feet of schools • Musical instruments, whistles, sound amplifier ,etc. that is loud and raucous • Loud and raucous sounds by whistles, amplifiers, audio equipment, etc. • Outdoor sounds that interfere with normal voice at 75 feet Same plus amplified noise between 10:00pm and 7:00 am inside a building received by another dwelling unit Public Disturbance Exemption Exempt sounds are not public disturbance Any sound meeting the criteria can be a public disturbance Noise Variance Temporary, Technical and Economic Variances Administrative and Non-administrative Variances ATTACHMENT 4 Discussion Document 10.25.2016 DRAFT 1 of 11 Chapter 8.06 NOISE Introduction: In physics, sound is a vibration that propagates as a typically audible mechanical wave of pressure and displacement, through a medium such as air or water. The Revised Code of Washington (RCW) Chapter 70.107 sets forth the authority to control noise. It assigns responsibility for developing sound standards to the Department of Ecology. The standards are found in WAC 173-60. Local governments can adopt noise standards different from Ecology standards, but requires there to be a finding that such differing standards are necessitated by special conditions. Any local standards that differ from the state standards must also be approved by Ecology. Other limitations on a local noise control ordinance include the following: •The rules cannot deny, abridge or alter any powers, duties and functions relating to noise abatement and control now or hereafter vested in any state agency; •Any rules relating to the operation of motor vehicles on public highways shall beadministered according to testing and inspection procedures adopted by rule by the state patrol; It is worth noting that the legislature recognizes that the operation of motor vehicles on public highways as defined in RCW 46.09.310 contributes significantly to environmental noise levels and directs the department, in exercising the rule-making authority under the provisions of this section, to give first priority to the adoption of motor vehicle noise performance standards. Noise standards for motor vehicles are set forth in WAC 173-62. Why the new noise regulations: The need for a new noise code was discovered in the course of reviewing KGM’s 2016 application for a renewed technical noise variance for construction/demolition of the SR 520 bridge. While processing that application, staff became aware that in late 2015, the King County Council adopted a wholesale revision to the County’s noise code, on which the City’s current ordinance is based. We must rely on a City Attorney opinion that the King County Regulations in effect in 1994 are still applicable. This causes a degree of uncertainty about what noise regulations to apply and this needs to be fixed. 8.06.010 Policy. It is the policy of the City to minimize the exposure of citizens to the physiological and psychological dangers of excessive noise and to protect, promote and preserve the public health, safety and welfare. It is the express intent of the city council to control the level of noise in a manner that promotes the use, value and enjoyment of property; sleep and repose; and the quality of the environment. 8.06.020 Findings of special conditions. Staff Comment: Ecology established decibel levels for maximum permissible noise. The administrative code then establishes a list of exemptions and grants local governments’ discretion to establish nuisance and noise disturbance standards provided they are consistent with Ecology’s standards. This proposed ordinance deviates from some of those standards so special conditions need to be established. ATTACHMENT 5 Discussion Document 10.25.2016 DRAFT 2 of 11 The Medina Comprehensive Plan establishes as its first goal to maintain the high-quality residential setting and character of the community. The City of Medina is a small community with limited resources for effective enforcement of its noise ordinance, especially the expensive-to- enforce decibel-related provisions. These factors point to a need to revise the City’s approach to controlling excessive noise. Similar to the approach King County has taken with controlling excessive noise, the city can better protect, promote and preserve the public's health, safety and welfare by decreasing reliance on decibel provisions and improving its public disturbance-based enforcement system. 8.06.030 Administration. The Police Department serves an important function in maintaining public health, safety and welfare by responding to resident complaints, typically in the context of neighborhood noise disturbances. The director also plays an important role in noise control through oversight of permitted activities that generate noise, such as construction work. The Police Chief and the director each have authority to enforce this chapter pursuant to its provisions. 8.06.040 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. "Construction" means any site preparation, grading, building, demolition, substantial repair, alteration or similar action. "dB(A)" means the sound level measured in decibels, using the "A" weighting network. "Director" means the director of development review services or another person designated by the city manager. Staff Comment: The administrative code establishes a residential, commercial and industrial environmental district. Using the criteria in WAC 173-60.030, Medina only has two – residential and commercial. "District" means the land use zones to which this chapter is applied. For the purposes of this chapter: 1. “Residential districts” are Class A EDNA environments and include the R-16, R-20, R-30 and SR-30 zoning districts set forth in Title 20 MMC; 2. “Commercial districts” are Class B EDNA environments and include the N-A and Public zoning districts as well as lands designated with State ROW set forth in Title 20 MMC. “EDNA" means the environmental designation for noise abatement, being an area or zone (environment) within which maximum permissible noise levels are established using the criteria set forth in WAC 173-60-030. "Equipment" means any stationary or portable device or any part thereof capable of generating sound. Staff Comment: Impulsive sound is not address in WAC 173-60. Impulsive sounds tend to be noise can cause a high degree of annoyance because of their suddenness and intensity. "Impulsive sound" means sound having the following qualities: the peak of the sound level is less than one second and short compared to the occurrence rate; the onset is abrupt; the decay rapid; and the peak value exceeds the ambient level by more than ten dB(A). ATTACHMENT 5 Discussion Document 10.25.2016 DRAFT 3 of 11 "Leq" means the equivalent sound level that is the constant sound level in a given time that conveys the same sound energy as the actual time-varying, A-weighted sound. The applicable time-period must be specified. “Lmax” means the maximum sound level over a measurement interval determined by using a sound level meter set to “Fast” response time. "Muffler" means a device consisting of a series of chambers or other mechanical designs for receiving exhaust gas from an internal combustion engine, or for the purpose of introducing water to the flow of the exhaust gas, and that is effective in reducing sound resulting therefrom. "Noise" means the intensity, duration and character of sounds from any and all sources. “Off-highway vehicle” means any self-propelled motor-driven vehicle not used primarily for transporting persons or property upon highways nor required to be licensed under RCW 46.16.010. The term “off-highway vehicle” does not include special construction vehicles. "Person" means any individual, firm, association, partnership, corporation or any other entity, public or private. "Public highway" means the entire width between the boundary lines of every way publicly maintained by the Washington state Department of Transportation or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right. "Real property" means an interest or aggregate of rights in land that is guaranteed and protected by law. "Real property" includes a leasehold interest. "Receiving property" means real property within which sound originating from outside the property is received. "Sound level" means the weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in American National Standards Institute Specifications, Section 1.4-1983. "Sound level meter" means a device or combination of devices which measures sound pressure levels and conforms to Type 1, Type 2 or Type 3 standards as specified in the American National Standards Institute Specification S1.4-1983. An impulse sound level meter shall be a peak or impulse, unweighted sound level meter, which is capable of measuring impulse sound in conformance with the Type 1 or Type 2 specifications of ANSI S1.4-1983. “Use” means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted. "Watercraft" means any contrivance, including aircraft taxiing, but excluding aircraft in the act of actual landing or takeoff, used or capable of being used as a means of transportation or recreation on water, powered by an internal or external combustion engine. "Weekday" means any day Monday through Friday that is not a legal holiday. "Weekend" means Saturday, Sunday or any legal holiday as set forth in RCW 1.16.050(1). 8.06.100 Environmental sound levels – unlawful sounds. It is unlawful for any person to cause sound, or for any person in possession of property to permit sound originating from such property, to intrude into the real property of another person whenever such sound exceeds the maximum permissible sound levels established by this chapter. 8.06.110 Environmental sound levels – maximum permissible sound levels. Staff Comment: The standards in Table 8.06.110 are derived from WAC 173-60.040(2)(a). A. For sound sources located within the city limits, the maximum permissible sound levels are set forth in Table 8.06.110. ATTACHMENT 5 Discussion Document 10.25.2016 DRAFT 4 of 11 Table 8.06.110 Maximum Permissible Sound Levels District of Noise Source District of Receiving Property Residential Commercial Residential 55 dB(A) 57 dB(A) Commercial 57 dB(A) 60 dB(A) Staff Comment: Lmax, which is peak sound level, is not specifically addressed as a standard in WAC 173-60. However, WAC 173-60.040(2)(c) does provide an exception allowing maximum permissible noise levels to be exceed by 15 dB(A) for 1.5 minutes during any one-hour period. Applying this exemption, however, is difficult unless the noise source is predictable. The approach below comes from King County and is suggested as being much easier to implement. B. During a measurement interval, Lmax may exceed the sound level limits of this section by no more than 15 dB(A). 8.06.120 Environmental sound levels – modifications to maximum permissible sound levels. Staff Comment: The reduced maximum permissible sound levels below are derived from WAC 173-60.040(2)(b). A. Between 10:00 pm and 7:00 am during weekdays, and between 10:00 pm and 9:00 am on weekends, the maximum permissible sound levels in Table 8.06.110 shall be reduced to the levels set forth in Table 8.06.120. Table 8.06.120 Nighttime Maximum Permissible Sound Levels District of Noise Source District of Receiving Property Residential Commercial Residential 45 dB(A) 47 dB(A) Commercial 47 dB(A) 50 dB(A) Staff Comment: The exemption under (B) is derived from WAC 173-60.050(2) B. The following sounds are exempt from the nighttime maximum permissible sound levels in Table 8.06.120: 1. Sounds created by existing stationary equipment used in the conveyance of water, wastewater, or natural gas by a utility; and 2. Sounds created by electrical substations. Staff Comment: the exemption under (C) and (D) were derived from King County and recognizes that pure tone sounds and impulsive sounds have a higher degree of disturbance. C. For any source of sound that has a “pure tone component,” the levels established by Table 8.06.110 shall be reduced by five dB(A), but this reduction shall not be imposed on any electrical substation. "Pure tone component" means sound having the following qualities: a one-third octave band sound pressure level in the band with the tone that exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by: 1. Five decibels for center frequencies of 500 Hz and above; ATTACHMENT 5 Discussion Document 10.25.2016 DRAFT 5 of 11 2. Eight decibels for center frequencies between 160 and 400 Hz; and 3. Fifteen decibels for center frequencies less than or equal to 125 Hz. D. For any source of sound that is impulsive and not measured with an impulse sound level meter, the levels established by Table 8.06.110 are reduced by five dB(A). 8.06.130 Exemptions – sounds exempt at all times. Staff Comment: These exemptions are derived from WAC 173-60.050. However, it does not include the exemption relating to highways. The following sounds are exempt from the maximum permissible sound levels set forth in this chapter: A. Sounds originating from aircraft in flight and sounds that originate at airports, which are directly related to flight operations; B. Sounds created by normal docking and undocking operations of all watercraft that otherwise meet the requirements of this chapter; C. Sounds created by watercraft picking up or dropping off water skiers; D. Sounds created by safety and protective devices, if noise suppression would defeat the safety intent of the device; E. Fire alarms; F. Sounds created by warning devices of not more than five minutes in duration per incident. "Warning device" means a device that is working as intended to provide public warning of potentially hazardous, emergency or illegal activities such as, but not limited to security alarms and the emergency alert system; G. Sounds created by emergency equipment and emergency work necessary in the interests of law enforcement or for the health, safety or welfare of the community. "Emergency work" means any one of the following: 1. Work required restoring property to a safe condition following a disaster; 2. Work required protecting persons or property from an imminent danger; 3. Work by private or public utilities for providing or restoring immediately necessary utility service; or 4. Work to address other emergencies as determined by the director; H. Sounds caused by natural phenomena and unamplified human voices; and 8.06.140 Exemptions – sounds exempt during daylight hours. Staff Comment: the exemptions for blasting and public events are derived from WAC 173- 60.050(1) and (4). The exemption for bells is derived from King County. The following sounds are exempt from this chapter between 7:00 am and 10:00 pm on weekdays and between 9:00 am and 10:00 pm on weekends, unless other hours are specified: A. Sounds created by bells, chimes or carillons not operating for more than five minutes in any one hour; B. Sounds created by blasting; and C. Sounds originating from lawful pickets, marches, parades, rallies and other similar public events. D. Sounds created by powered equipment used in temporary or periodic maintenance or repair of the grounds or appurtenances of any property, including lawnmowers, powered hand tools, snow-removal equipment provided their operations are restricted between 8:00 am and 7:00 pm weekdays and between 9:00 am and 7:00 pm on weekends. ATTACHMENT 5 Discussion Document 10.25.2016 DRAFT 6 of 11 8.06.150 Exemptions – temporary construction sounds. Staff Comment: WAC 173-60.050 exempts sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances. It also exempts noise from temporary construction projects, except residential zones during nighttime between 10:00 pm and 7:00 am. The proposed language below revises the hours for the exemption to be consistent with the City’s limitation on construction hours. A. Normal and usual sounds created by temporary construction activity, including on or by watercraft, are exempt from the maximum permissibile noise sound levels set forth in this chapter provided: 1. The operation of heavy equipment, including crawlers, tractors, bulldozers, rotary drills and augers, loaders, power shovels, cranes, derricks, graders, off-highway trucks, ditchers, trenchers, compactors, compressors and other similar equipment, on a construction site are restricted to the hours between 7:00 am and 7:00 pm weekdays and between 9:00 am and 5:00 pm on Saturday; 2. The operation of impact types of construction equipment including pavement breakers, pile drivers, jackhammers, sandblasting tools or other types of equipment or devices on a construction site that create impulse noise or impact noise, are restricted to the hours between 8:00 am and 5:00 pm on weekdays and between 9:00 am and 5:00 pm on Saturday; 3. All other construction activities are restricted to the hours set forth in MMC 8.06.160; B. Exterior construction sound levels heard from the interior of buildings, after efforts including closing windows and doors are taken to reduce the impact of the exterior construction noise, must not be unreasonable. Whether the construction sound levels are within the maximum permissible sound levels of this chapter when taken inside of the building may be a factor in determining reasonableness. 8.06.160 Limitations on construction and development activity. Staff Comment: This is derived from MMC 8.06.030. The exception for emergency repair is new. A. All commercial construction and development activities or operations of any heavy equipment before 7:00 am and after 7:00 pm weekdays, and before 8:00 am and after 5:00 pm on Saturday is prohibited. No construction and development activity or use of heavy equipment may occur on Sundays or holidays that are holidays observed by the city, except as provided for in MMC 8.06.160(B). B. Exceptions. 1. The city manager or designee may grant written permission to engage in construction and development activity or to operate heavy equipment during hours outside of the hour restrictions set forth in MMC 8.06.160(A) provided the construction and development activity or the operation of heavy equipment will not unreasonably interfere with any residential use. The city manager or designee in granting permission may attach conditions as necessary to protect the public health, safety and welfare. 2. For an emergency repair, the hour restrictions set forth in MMC 8.06.160(A) shall not apply. The city manager or designee shall determine what constitutes an emergency repair. ATTACHMENT 5 Discussion Document 10.25.2016 DRAFT 7 of 11 8.06.170 Noise measurement. A. If the measurement of sound is made with a sound level meter, it shall be an instrument in good operating condition and shall meet the requirements for a Type 1 or Type 2 instrument, as described in American National Standards Institute Specifications, Section 1.4-1983, as it now exists or as hereafter amended. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such manner that the overall accuracy shall be at least that called for in Section 1.4-1983, as it now exists or as hereafter amended for Type 2 instruments. B. Sound level measurements shall be based on the Leq during the measurement interval, using a minimum measurement interval of one minute for a constant sound source or a thirty-minute measurement for a non-continuous sound source. C. When the location, distance or technique prescribed in this chapter for measurement of sound is impractical, or would yield misleading or inaccurate results, measurements may be taken at other locations or distances using appropriate correction factors. 8.06.180 Receiving properties within more than one district. Where a receiving property lies within more than one district, the maximum permissible sound level shall be determined by the district within which the measurement is made. 8.06.200 Public nuisance noise. Staff Comment: This is a new section and is derived from King County. It allows flexibility to take into consideration more than Leq, which is an averaging of sound over a defined period. WAC 173-60.060 provides local government to adopt nuisance provisions. Ecology standards do not include nuisance provisions. RCW 7.48.130 defines public nuisance as one, which affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal. A nuisance is defined as whatever is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to essentially interfere with the comfortable enjoyment of the life and property. A. It is unlawful for any person to cause, or for any person in possession of property to allow originating from the property, sound that is a public nuisance noise. For the purposes of this section, "public nuisance noise" means any sound that unreasonably annoys, injures, interferes with or endangers the comfort, repose, health or safety of a community or neighborhood. B. A noise need not exceed the maximum permissible sound levels of this chapter or be a public disturbance noise, as described in MMC 8.06.210, in order to be a public nuisance noise. 8.06.210 Public disturbance noise. Staff Comment: The City currently has similar regulations under “Excessive Noise”. However, King County offered a more detailed list. Public disturbance noise versus public nuisance noise differs by the number of people affected. The police department generally has responsibility to enforce public disturbance noise violations. A. It is unlawful for any person to cause or make, or for any person in possession of property to allow or originate from the property, sound that is a public disturbance noise; and to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a police officer or city official authorized by the city manager to enforce the provisions of this chapter. For the purposes of this section, "public disturbance noise" means any sound that unreasonably ATTACHMENT 5 Discussion Document 10.25.2016 DRAFT 8 of 11 disturbs or interferes with the peace, comfort or repose of a person or persons. The hour of the day at which the sound occurs may be a factor in determining reasonableness. Sounds that are public disturbance noises may include: 1. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; 2. Frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle, watercraft or internal-combustion engine; 3. The use of a sound amplifier or other device capable of producing or reproducing amplified sound upon public streets for the purpose of commercial advertising or sales or for attracting the attention of the public to any vehicle, structure, or property or the contents therein, except as permitted by law, and except that vendors whose sole method of selling is from a moving vehicle shall be exempt from this subsection; 4. Loud and raucous sound generated within one thousand feet of any school; 5. Loud and raucous sound that emanates frequently, repetitively or continuously from any building, structure or property, including watercraft, located within a residential district or on an adjoining body of water, such as sounds originating from a band session or social gathering; 6. Frequent, repetitive or continuous sound, including but not limited to impulsive or amplified sound such as emanates from an audio device, where the sound is plainly audible or can be felt at fifty feet or more from the source of sound, or three hundred feet or more if the source of sound is from a watercraft, when the sound is received in a residential or rural district. For the purposes of this subsection, "plainly audible" means any sound that can be detected by unaided hearing faculties of normal acuity, including, but not limited to, being able to detect the rhythmic bass component of music coming from a sound amplifier regardless of whether the title, specific words or artist performing the song can be identified; and 7. Any sound out of doors that interferes with normal conversation at a distance of fifty feet or more from the source of the sound when the sound is received in a residential district; and 8. Any sound originating from real property between the hours of 10:00 pm and 7:00 am that is amplified noise plainly audible to a person of normal hearing when measured inside a receiving dwelling unit. 9. Any other unreasonably loud, disturbing, continuous, irritating or unnecessary noise, whether emanating from a human, animal or mechanical source. B. A noise need not exceed the maximum permissible sound levels of this chapter or be a public nuisance noise in order to be a public disturbance noise. 8.06.300 Motor vehicles – maximum permissible sound levels. Staff Comment: As noted in the exemptions, WAC 173-62 sets separate noise standards for motor vehicles on state highways. The adopted standards set forth unique limits for vehicle noise emissions at various speeds, and require the use of mufflers, etc. These regulations allow for very high maximum noise levels—up to 78 dB(A) for passenger cars and 90 dB(A)for trucks. A. It is unlawful for any person to operate upon any public highway any motor vehicle or any combination of motor vehicles under any conditions of grade, load, acceleration or deceleration in such manner as to exceed the maximum permissible sound levels for the category of vehicle in Table I of WAC 173-62-030, as measured at a distance of fifty feet from the center of the lane of travel within the speed limits specified, by measurement procedures established by the State Commission on Equipment. ATTACHMENT 5 Discussion Document 10.25.2016 DRAFT 9 of 11 B. The maximum permissible sound levels set forth in this section shall not apply to noise caused by auxiliary equipment on motor vehicles used for highway maintenance, nor to noise caused in the performance of emergency work for the immediate safety, health or welfare of the community or of individuals of the community, or to restore property to a safe condition following a public calamity. 8.06.310 Motor vehicles – mufflers. It is unlawful for any person to operate, or for any owner to permit any person to operate, any motor vehicle upon the public highways, which is not equipped with a muffler in good working order and in constant operation. 8.06.320 Motor vehicles – modification to motor vehicles. It is unlawful for any person to modify or change any part of a motor vehicle or install any device thereon in any manner that permits sound to be emitted by the motor vehicle in excess of the limits prescribed by this chapter. It is unlawful for any person to remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair or replacement, any muffler or sound-dissipative device on a motor vehicle. 8.06.330 Motor vehicles – tire sounds. It is unlawful for any person to operate a motor vehicle in such a manner as to cause, or allow to be emitted, squealing, screeching or other such a sound, from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason. However, sound resulting from emergency braking to avoid imminent danger is exempt from this section. 8.06.340 Motor vehicles – exemptions. Sounds created by motor vehicles are exempt from the maximum permissible sound levels of MMC 8.06.110 and MMC 8.06.120, except that sounds created by any motor vehicle operated off public highways shall be subject to the sound levels of MMC 8.06.110 and MMC 8.06.120, when such sounds are received in a residential district. 8.06.400 Watercraft – maximum noise limits. Staff Comment: WAC 173-60.010 designates regulation of noise from vessels (watercrafts) under a different state statute. RCW 79a.60.130 contains maximum noise level of 75 dB(A) for mufflers on watercraft when operating on a waterway. WAC 352-67 contains the method for measuring noise levels on watercrafts. A. It is unlawful for any person to operate any watercraft on the water within the City of Medina in such a manner as to exceed the following maximum noise limits when measured within fifty feet of the shoreline or anywhere within a receiving property: 1. At any hour of the day or night, the limit for any receiving property shall be 74 dB(A); and 2. Between the hours of 10:00 pm and 7:00 am, the limit for sounds received within a residential district shall be 64 dB(A). B. Sounds created by auxiliary equipment operated on watercraft for the purposes of dredging or pile driving are governed under the provisions for construction sounds. C. Chapter 352-67 WAC relating to vessel sound level measurement procedures are adopted by reference. ATTACHMENT 5 Discussion Document 10.25.2016 DRAFT 10 of 11 8.06.410 Watercraft – mufflers. A. It is unlawful for any person to operate any watercraft, except aircraft, on the waters inside the city limits, which is not equipped with a functioning underwater exhaust or a properly installed and adequately maintained muffler. Any one or more of the following defects in the muffling system shall constitute a violation of this section: 1. The absence of a muffler; 2. The presence of a muffler cut-out, bypass, or similar device, which is not standard or normal equipment for the exhaust system being inspected; 3. Defects in the exhaust system including, but not limited to, pinched outlets, holes, or rusted-through areas of the muffler or pipes; 4. The presence of equipment that will produce excessive or unusual noise from the exhaust system. B. Dry stacks or water-injected stacks not containing a series of chambers or mechanical designs effective in reducing sound shall not be considered as adequately maintained mufflers. 8.06.500 Noise variance. Staff Comment: The current noise code contains Economic Noise Variance, Technical Noise Variance and Temporary Noise Variance. The revised provisions would reduce this to just two – Administrative and Non-administrative Noise Variances. The approval criteria are based on King County criteria. A. The purpose of a noise variance is to provide relief where immediate compliance with the requirements of this chapter cannot be achieved because of special circumstances rendering immediate compliance unreasonable. B. Administrative noise variance. 1. Procedures. Administrative noise variance applications are processed as a Type 2 decision pursuant to the review procedures set forth in chapter 20.80 MMC. The director is appointed as the decision authority to decide requests for administrative noise variances. 2. Limitations. An administrative noise variance may be granted only for the following: a. The exemption from the provisions of this chapter is limited to a period not to exceed fourteen days during any 12-month consecutive period; and b. A project may not have more than one administrative noise variance granted for the entire project. A site containing multiple projects occurring during any five-year period shall be deemed a single project for purposes of qualifying for an administrative noise variance. 3. Criteria for Approval. The director may approve an administrative noise variance if the director determines that the requested variance does not significantly affect a substantial number of people or endanger public health or safety. 4. Conditions of Approval. The director may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. 5. Lapse of approval. An administrative noise variance shall expire after one year from the later date of the decision being issued or an appeal becoming final. C. Non-administrative noise variance. 1. Procedures. Non-administrative noise variance applications are processed as Type 3 decisions pursuant to the review procedures set forth in chapter 20.80 MMC. The hearing examiner is designated as the decision authority to decide non-administrative noise variances. ATTACHMENT 5 Discussion Document 10.25.2016 DRAFT 11 of 11 2. Criteria for Approval. The hearing examiner may approve a non-administrative noise variance if the following criteria are satisfied: a. That strict enforcement of this chapter creates an unnecessary hardship where immediate compliance with this chapter is unreasonable; b. The noise variance is necessary because of: i. Unique circumstances caused by other regulatory or contractual requirements; ii. The type of project or special construction requirements; or iii. For a public agency project, the granting of the variance is in the overall best interests of the public; c. That there is no reasonable economically or technically feasible way to achieve compliance with this chapter; d. That the request for relief is the minimum necessary; e. That the granting of the variance is not materially detrimental or injurious to the public welfare. 3. Conditions of Approval. The hearing examiner may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. 4. Lapse of approval. A non-administrative noise variance shall expire after one year from the later date of the decision being issued or an appeal becoming final. However, the hearing examiner may grant a longer period for the variance provided the longer period is the minimum necessary. D. Submission requirements. A request for a noise variance shall meet the submission requirements set forth in MMC 20.80.080 plus the following: a. Identify the specific section or sections of the noise regulations for which the variance is being requested; b. Identify all property owners who will be impacted by sound levels exceeding the maximum permissible sound levels if the administrative noise variance is granted; c. Include written analyses and supporting documentation demonstrating that the project or activity will not impact a substantial number of people or endanger public health or safety; and d. Proposed mitigation measures to minimize noise impacts on nearby properties. E. Noticing requirements. In addition to the noticing requirements set forth in chapter 20.80 MMC for a Type 2 decision, mailed notice shall be sent to all property owners impacted by sound levels exceeding the maximum permissible sound levels if the administrative noise variance is granted. F. Any applicant granted a noise variance in accordance with the procedures of this section shall be exempt from the maximum permissible sound levels or public disturbance provisions established by this chapter, to the extent provided in the variance. 8.06.600 Enforcement. A. Violations. 1. All offenses defined in this chapter relating to the operation of motor vehicles shall constitute traffic infractions. Other violations of the provisions of this chapter shall constitute Class 1 Civil Infraction per chapter 7.80 RCW, which is hereby incorporated by reference, except as provided in MMC 8.06.600(3). 2. Each day of violation shall be deemed a separate infraction. 3. If the same violator has been found, in any court of competent jurisdiction, to have previously committed an infraction for the same or similar conduct three or more separate times within any six-month consecutive period, with the infraction violations occurring at the same location and involving the same or similar sections of the code, any further violations shall constitute misdemeanors. For the purposes hereof, it shall be prima facie evidence that the same violator has previously been found to have ATTACHMENT 5 Discussion Document 10.25.2016 DRAFT 12 of 11 committed any infraction if a certified copy of the judgment, docket or other court document showing that such violation was found committed is filed with the court. B. Alternative enforcement. Nothing in this section shall limit the city’s ability to apply the procedures and pursue remedies available under chapters 8.04 or 1.15 MMC, or any party’s right to seek relief from any alleged nuisance under state or common law. ATTACHMENT 5 ATTACHMENT 6 ATTACHMENT 6 ATTACHMENT 6 ATTACHMENT 6 ATTACHMENT 6 ATTACHMENT 6 ATTACHMENT 6 Medina City Council Regular Meeting Monday, February 13, 2017 AGENDA BILL Subject: BRC Acoustics and Audiovisual Design Consultant Contract for On-call and On-site Noise Testing and Inspection Services Category: Consent Ordinance Public Hearing City Council Business Resolution Other – Discussion Prepared By: Robert Grumbach, Development Services Director Summary: The City requires the installation of new mechanical appliances and systems to comply with maximum permissible sound levels. Currently, applicants are responsible for hiring a noise consultant to conduct sound tests and submit a report to the City that demonstrates compliance. This can typically cost between $750 and $1,500. However, many applicants fail to obtain final approval of their mechanical permits. This has been particularly true when the results from sound testing show sounds exceeding the standards. Instead of following-up to correct the problem, contractors often move on. By the time the mechanical permit expires, which is the point when a violation exists, it has been over a year, which leaves both the City and the property owner with less than optimum options to resolve. The result is that the City has between 80 and 100 mechanical permits that have not received final approval. To address this, the City is experimenting with conducting the sound testing itself instead of the applicant. To do this, the City is looking to hire a consultant. After advertising an RFP, BRC Acoustics and Audiovisual Design was selected. BRC has proposed a flat fee of $305 per test, which would represent a savings for applicants. However, if a mechanical appliance fails the sound testing, the applicant will still be responsible for finding a solution to fix the problem. Applicants will then have a choice to follow-up with testing by using their own noise consultant or paying a fee for a second test by the City. In a related action, the fee schedule is proposed to be modified to add a $300 fee to mechanical permits. The contract with the consultant is for one year with the City Manager authorized to extend the agreement for another two years. The City averages about 50 to 100 mechanical permits a year requiring sound testing. Note: City Council approval is required for professional services contracts of $15,000 or more per MMC 2.66.010(A)(2) Attachments: •Professional Services Contract for on-call sound control services Budget/Fiscal Impact: $15,000 to $30,000 per year Staff Recommendation: Approval City Manager Approval: Proposed Council Motion: “I move to approve agreement with BRC Acoustics and Audiovisual Design for professional on-call and on-site noise testing and inspections services and authorize the City Manager to sign the agreement.” AGENDA ITEM 8.7 1 of 8 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF MEDINA AND BRC ACOUSTICS & AUDIOVISUAL DESIGN. THIS AGREEMENT is made this ____ day of February, 2017, between the City of Medina, (hereinafter the "City") and BRC Acoustics, (hereinafter “Consultant"). WHEREAS, Consultant is in the business of providing certain professional services specified herein, and WHEREAS, the City desires to contract with Consultant for the provision of such services and Consultant agrees to contract with the City for same; and NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed between the parties as follows: TERMS I. Description of Work. Consultant shall perform on-call acoustical consulting services as described in Exhibit A, “Scope of Work," which is attached hereto and incorporated herein by this reference, according to the existing standard of care for such services. Consultant shall not perform any additional services without the express permission of the City. II. Payment. A. The City shall pay Consultant for inspections as set forth in Exhibit A for the services described in this Agreement. B. Consultant shall submit payment invoice to the City after such services have been performed, and the City shall make payment within thirty (30) days after the submittal of the approved invoice. Such invoice shall detail the work, and a description of the tasks performed. C. If the City objects to all or any portion of any invoice, it shall so notify Consultant of the same within five (5) days from the date of receipt and shall pay that portion of the invoice not in dispute. The parties shall immediately make every effort to settle the disputed portion. III. Relationship of Parties. The parties intend that an independent contractor – client relationship will be created by this Agreement. The Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder; no agent, employee, representative or subcontractor of Consultant shall be or shall be deemed to be the employee, agent, representative or subcontractor of the City. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance and unemployment insurance, are available from the City to the Consultant or his 2 of 8 employees, agents, representatives or subcontractors. Consultant will be solely and entirely responsible for his acts and for the acts of Consultant’s agents, employees, representatives and subcontractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that Consultant performs hereunder. IV. Duration of Work. This Agreement shall be effective for a period commencing from the date of signature to Contract and shall remain in effect for one year subject to the notification and exception as provided for in paragraph V below. This Agreement shall be effective for a period commencing from the date of signature to Contract and shall remain in effect for one year subject to the notification and exception as provided for in paragraph V below. The City Manager may authorize the contract to be extended for up to two years upon the same terms and conditions subject to the clauses in paragraph V below. V. Termination. The City shall have the option to terminate this Agreement at any time with or without cause. Termination shall be effective after thirty (30) days upon delivery of written notice to the Consultant. The Consultant shall have the option to terminate this Agreement after sixty (60) days upon delivery of written notice to the City, unless the City determines the Consultant can be released from the contract prior to sixty days. In the event of termination, the City shall only be responsible to pay for all services satisfactorily performed by Consultant to the effective date of termination. The City Manager shall make the final determination about what services have been satisfactorily performed which decision shall be final, binding and conclusive. VI. Discrimination. In the hiring of employees for the performance of work under this Agreement or any subcontract hereunder, Consultant, its subcontractors or any person acting on behalf of Consultant shall not, by reason of race, religion, color, sex, national origin or the presence of any sensory, mental, or physical handicap discriminate against any person who is qualified and available to perform the work to which the employment relates. VII. Indemnification. Consultant shall indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 3 of 8 VIII. Insurance. A. Insurance Term The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. B. No Limitation Consultant’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance Consultant shall obtain insurance of the types and coverage described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. 2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. D. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 4 of 8 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. E. Other Insurance Provision The Consultant’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. H. Notice of Cancellation The Consultant shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. I. Failure to Maintain Insurance Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. J. City Full Availability of Consultant Limits If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. IX. Modification. No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. 5 of 8 X. Assignment. Any assignment of this Agreement by Consultant without the written consent of the City shall be void. XI. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices should be sent to: BRC Acoustics & Audiovisual Design 1932 1st Avenue, Suite 620 Seattle, WA 98101 Attn: Ioana Park The City of Medina P.O. Box 144 Medina, WA 98039 Attn: Director of Development Services XII. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. XIII. Resolution of Disputes, Governing Law. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall be referred to the City Manager, whose decision shall be final. Any appeal from the decision of the City Manager shall be to King County superior court. In the event of any litigation arising out of this Agreement, the prevailing party shall be reimbursed for its reasonable attorney fees from the other party. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. XVI. Documents and Record Keeping A. Ownership. All records, files, designs, drawings, specifications, data, information, materials, reports, memoranda, documents, and other work products, including all electronic stored information (“ESI”), produced or prepared by the Consultant in connection with the services rendered under this Agreement (“Documents”) are the property of the City. Upon request, the Consultant shall provide Documents to the City. B. Records Maintenance. The Parties acknowledge that the City is subject to records retention and public records laws. During the progress of the work and services provided hereunder and for a period of not less than six (6) years from the date of final payment to the Consultant, the Consultant shall keep, retain, and maintain all Records, defined below, pertaining to the work and services provided pursuant to this 6 of 8 Agreement. Copies of all Records pertaining to the work and services provided hereunder shall be made available for review at the Consultant’s place of business during normal working hours. If any public records request, litigation, claim, or audit is commenced, the Consultant shall cooperate with City and assist in the production of all such Records. Records shall be retained until all public records request, litigation, claims, or audit findings have been resolved even though such public records request, litigation, claim, or audit continues past the six (6) year retention period. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above written. BRC ACOUSTICS & AUDIOVISUAL DESIGN: CITY OF MEDINA: By ______________________________ By Ioana Park Michael Sauerwein 7 of 8 EXHIBIT A SERVICES AGREEMENT This confirms the agreement between the City of Medina and BRC Acoustics & Audiovisual Design (Consultant) for acoustical consulting services. A. The services provided by Consultant will consist of the following, which will be authorized via written task orders or by email, fax or a review request: 1. As directed by the Director of Development Services or designee, be responsive to perform empirical on-site sound testing for compliance with maximum permissible sound levels related to new mechanical appliances and system components. 2. Complete inspection documents provided by the City of Medina. Preparation of a separate report, unless requested by the Director of Development Services or designee, is not part of the contract services. 3. Provide input to assist City staff as needed when following-up with applicants should testing indicate a failure to comply with noise regulations. A follow-up measurement after a previous finding of non-compliance will be considered a separate inspection. The consultant will not provide any professional services to applicants. 4. Maintain inspections records as directed by the Building Official. 5. Provide assistance with other noise related tasks as budget allows and as directed by the Director of Development Services. B. The Consultant shall report to and work under the general supervision of the Director of Development Services, or a person designated by the City Manager. C. The Consultant shall neither subcontract any of the work, nor assign any rights acquired hereunder, without obtaining prior written approval from the City. D. The City shall have access to all books, documents, papers and records of Consultant that are pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. E. All work products produced by Consultant under this Agreement, such as reports, plans, specifications, data maps and documents, shall be the property of the City. Consultant will not be held liable for the re-use or modification of work products by the City for any other project without the express written permission of the consultant. 8 of 8 F. Payment: 1. The City agrees to pay the Consultant a lump sum of $305.00 per inspection. Additional time providing input or providing assistance with other noise related tasks shall be paid on a time and material basis mutually agreed to between the City and the Consultant. 2. The City agrees to pay Consultant mileage for travel to and from locations necessary to provide the professional services set forth in this agreement. Mileage will be charged per current IRS rates. 3. All other direct costs and sub-consultants may be charged at cost plus ten (10) percent. Other direct costs may include, but are not limited to: • Out-sourced reproductions (printing, copying, mounting, etc.) • Other out-sourced services pertinent to providing professional services. Medina City Council Regular Meeting AGENDA ITEM 8.8 Monday, February 13, 2017 AGENDA BILL Subject: Modification of the Fee Schedule – Resolution 390 Category: Consent Ordinance Public Hearing City Council Business Resolution Other – Discussion Prepared By: Robert Grumbach, Development Services Director Summary: The City must evaluate the fees it charges from time to time. At the December 2016 regular council meeting, two minor modifications to the fee schedule were approved, but it was noted that there might be a need for additional modifications. The following modifications to the fee schedule are proposed: •Increase the hearing examiner fee from $2,000 to $2,500 to more closely align the feewith the cost for hearing examiner services. •Delete the Zoning Ordinance Amendment fee as only the Planning Commission, staffand the City Council can introduce zoning code amendments. •Add a fee for sound testing. This is a new inspection program the City is experimentingwith and would have the City testing projects for noise compliance instead of the applicant. •Update the Building Official hourly rate to reflect 2017 labor cost increases. MMC 20.14.040 authorizes the director to set a fee schedule and increase or decrease development fees to reasonably recover cover actual costs of services. Modifications to the fee schedule are submitted to the City Council for consideration. The City Council may approve, reject, or modify the modifications. Attachment: •Resolution No. 390 and attached modified Fee Schedule Budget/Fiscal Impact: To be determined Staff Recommendation: Approve Resolution City Manager Approval: Proposed Council Motion: “I Move to adopt Resolution No. 390 approving modifications to the Fee Schedule.” Resolution No. 390 Page 1 of 1 CITY OF MEDINA, WASHINGTON RESOLUTION NO. 390 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, APPROVING MODIFICATIONS TO THE FEE SCHEDULE WHEREAS, Medina Municipal Code (MMC) 3.64.010 and 20.14.040(B) delegates to the City Manager or designee the authority to establish, increase or decrease fees for services provided by the city; and WHEREAS, MMC 20.14.040(C) requires the fee schedule and any modifications thereto to be submitted to the City Council for consideration and the City Council may approve, reject or modify the proposed fee schedule or any modifications thereto; and WHEREAS, the City Council approved Resolution No. 389 establishing a fee schedule effective on January 1, 2017; and WHEREAS, the Director of Development Services, as the City Manager designee, has prepared and submitted modifications to the fee schedule to the City Council at their regular meetings of February 13, 2017. THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DOES RESOLVE THAT THE MODIFICATIONS TO THE SCHEDULE OF FEES ATTACHED HERETO AS EXHIBIT “A” ARE APPROVED AND SHALL GO INTO EFFECT FEBRUARY 14TH 2017. PASSED BY THE CITY COUNCIL AT A REGULAR MEETING ON THEREOF ON THE 13th DAY OF FEBRUARY 13, 2017. Alex Morcos, Mayor Approved as to form: Attest: Kathleen J. Haggard, City Attorney Porter, Foster, Rorick, LLP Aimee Kellerman, City Clerk 1 CITY OF MEDINA FEE SCHEDULE Resolution No. 390 Effective Date: February 14, 2017 FEE TYPE AMOUNT MMC SECTION Chapter 1.15 Appeal of a Notice of Violation $1,000.00, refundable if NOV reversed by hearing examiner Section 1.15.220 Chapter 2.48 Audio Duplications First CD: No Charge Subsequent CD’s: $5.00 each Section 2.48.100 Construction Blueprints and Plan Copies Actual Vendor Cost Section 2.48.100 Copies $0.15 per page Section 2.48.100 City Maps Black & White 18 X 38 $5.00 Section 2.48.100 City Maps Color 18 X 38 $20.00 Section 2.48.100 Ordinances, Resolutions & Notices of Decision First Copy Free; Subsequent Copies $0.15 per page Section 2.48.100 Paper Copies Scanned to Electronic Format $0.15 per page Section 2.48.100 (ref. WAC 44-14-07003) Chapter 2.78 Hearing Examiner Fee $2,000.002,500.00 Section 2.78.120 Reconsideration of a Hearing Examiner Decision $500.00 plus hourly fee for hearing examiner Section 2.78.090 Chapter 3.64 Accident Reports/ Incident Reports $0.15/page $0.15/page Section 3.64.010 Fingerprinting – Resident $15.00 first card and $5.00 for each additional card Section 3.64.010 Fingerprinting – Non-resident $20.00 first card and $10.00 for each additional card Section 3.64.010 Chapter 4.01 Case Filing $31.00 per case Section 4.01.120 Certifying any document on file $5.00 per document, plus $0.10 per page for copies Section 4.01.120 Day Detention $10.00 per day, unless another amount is set by Court order Section 4.01.120 Duplication of part or all of the electronic tape of a proceeding $10.00 per tape Section 4.01.120 2 FEE TYPE AMOUNT MMC SECTION Electronic Home Detention $25.00 set-up, plus $105.00 per week, unless another amount is set by Court order Section 4.01.120 Failure to Respond $25.00 for parking cases $52.00 for infraction cases Section 4.01.120 Juror Service Fee $10.00 per day, plus mileage in the amount set by RCW 43.03.060 Section 4.01.110 Non-Sufficient Funds Fee for Returned Checks $25.00 per check Section 4.01.120 Preparing the record of a case for appeal to Superior Court $40.00 per case, plus Superior Court Filing Fee Section 4.01.120 Probation Fee $50.00 per month Section 4.01.120 Proof of Insurance Card/Administrative Dismissal $25.00 per case Section 4.01.120 Stop Payment Fee for Court Issued Checks $25.00 per check Section 4.01.120 Transcript of Judgment $6.00 per judgment Section 4.01.120 Vehicle Impound Hearing Fee $31.00 per case Section 4.01.120 Witness Fee $10.00 per day, plus mileage in the amount set by RCW 43.03.060. Expert witnesses may be paid in excess of this amount only upon prior agreement between the City and the Expert Witness. Section 4.01.100 Work Release $25.00 set-up, plus $20.00 per day, unless another amount is set by Court order Section 4.01.120 Chapter 5.04 Cable Franchise Negotiated with Franchisee Section 5.08.060 Chapter 6.04 Animal Impound and Redemption Fees Fees as adopted by King County Code Title 11 Section 6.04.030 Cat License (Lifetime) spayed/neutered $20.00 Section 6.04.040 Cat License (Lifetime) unspayed/unneutered $36.00 Section 6.04.040 Senior Citizen: Cat License (Lifetime) spayed/neutered $12.00 Section 6.04.040 Senior Citizen: Cat License (Lifetime) unspayed/unneutered $25.00 Section 6.04.040 Dog License (Lifetime) spayed/neutered $30.00 Section 6.04.040 Dog License (Lifetime) unspayed/unnueutered $60.00 Section 6.04.040 3 FEE TYPE AMOUNT MMC SECTION Senior Citizen: Dog License (Lifetime) spayed/neutered $20.00 Section 6.04.040 Senior Citizen: Dog License (Lifetime) unspayed/unneutered $40.00 Section 6.04.040 Replacement Tag $5.00 Section 6.04.040 Service Animal License No Charge Section 6.04.040 Failure to Obtain License $25.00 Section 6.04.040 Chapter 8.06 Temporary Noise Variance $200.00 Section 8.06.010 Technical Noise Variance $200.00 plus consultant fee Section 8.06.010 Economic Noise Variance $200.00 plus consultant fee Section 8.06.010 Chapter 8.12 False Alarm Response Fee 1st response – Free 2nd response - $50.00 3rd response - $100.00 4th response - $150.00 5th response - $200.00 6th & subseq - $250.00 Section 8.12.030 Chapter 8.16 Pyrotechnics Display License No charge Section 8.16.045 Chapter 9.40 Special Event Permit $50.00 non-refundable, plus cost for city personnel based on hourly rate (wages and benefits) Section 9.40.050 Chapter 10.40 Parking Permit for Designated Parking Areas No charge for residents $75.00 for non-residents Section 10.40.060 Temporary Construction Parking Permit $150.00 Section 10.72.040 Chapter 10.72 Construction Vehicle Parking Permit See Temporary Construction Parking Permit Section 10.72.030 Oversized Vehicle Permit $500.00 Section 10.72.010 Overweight Vehicle Permit $500.00 Section 10.72.010 Tracked, spiked, cleated, lugged vehicle permit $750.00 Section 10.72.020 Chapter 12.06 Excavation/Trench Cut Right-of- way Permit $270.00 plus consultant fee Section 12.06.040 Chapter 12.08 Right-of-way Use Permit $270.00 plus consultant fee Section 12.08.010 4 FEE TYPE AMOUNT MMC SECTION Chapter 12.10 Building Moving Permit See Table A Chapter 12.10 Chapter 12.36 Garage Sale Permit No charge Section 12.36.010 Chapter 13.12 Blanket Utility Permit $500.00, plus consultant fees Section 13.12.040 Chapter 18.04 Environmental Exemption (SEPA) $100.00 Section 18.04.010 Environmental Threshold Determination (SEPA) $700.00 plus consultant fee Section 18.04.010 Environmental Impact Statement Staff hourly fee, plus consultant fee Chapter 18.04.010 Chapter 18.12 Critical Areas Review $135.00 plus consultant costs Chapter 18.12 Public Agency and Utility Exception $2,000.00 plus consultant fee Section 18.12.120 Reasonable Use Exception $2,000.00 plus consultant fee Section 18.12.130 Title 19 Telecommunication ROW Use Authorization $500.00 at submittal plus $2,500 if accepted for negotiations Section 19.04.020 Telecommunication Franchise Agreement $500.00 at submittal plus $2,500 if accepted for negotiations Section 19.06.020 Facilities Lease $500.00 at submittal plus $2,500 if accepted for negotiations Section 19.08.020 Title 20 Construction Permits Building Permits See Table A Section 20.40.040 Mechanical Permits See Table B Section 20.40.040 Grading & Drainage Permits See Table C Section 20.40.040 Plumbing Permits See Table D Section 20.40.040 Assignment of Building Address $250.00 Section 20.42.010 Re-Roof Permit $175.00 Temporary Occupancy Permit $400.00 plus consultant fees Section 20.40.100 Construction Mitigation Plans Code of Conduct None Sections 20.70.030 & 15.20.010 Tailored Construction Mitigation Plan – Level 1 $370.00 plus consultant fees Sections 20.71.040 & 15.20.010 Tailored Construction Mitigation Plan – Level 2 $1,800 plus consultant fees Sections 20.72.080 & 15.20.010 Tailored Construction Mitigation Plan - Revision $370.00 plus consultant fees if revision is staff approved; plus $780 if revision is planning commission approved Section 15.20.060 5 FEE TYPE AMOUNT MMC SECTION Tree Activity Permits Hazard Tree Evaluation $360.00 per tree Section 20.52.200 Administrative Tree Activity Permit per MMC 20.52.150 $50.00 Section 20.52.310 & 20.70.050 Administrative Tree Activity Permit per MMC 20.52.130 Consultant fee when no tree is removed and a building permit is associated with development $300.00 plus consultant fees when a tree is removed and a building permit is associated with development $500.00 when no building permit is associated Section 20.52.310 & 20.70.050 Administrative ROW Tree Activity Permit $750.00 plus consultant fee Section 20.52.310 & 20.71.050 Non-administrative ROW Tree Activity Permit $1,500 plus consultant fee Section 20.52.310 & 20.72.040 and 20.72.050 Zoning Permits Zoning Code Interpretation $750.00 Section 20.10.050 Accessory Dwelling Unit Registration Fee $175.00, plus consulting fees Section 20.70.070 Temporary Use Permit $500.00 plus consultant fee Section 20.70.060 & Chapter 20.35 House Trailer Occupancy Permit $10.00 Section 20.31.030 Adult Family Home Permit No charge Family Day Care Permit No charge Minor Deviations $750.00 plus consultant fees Section 20.71.010 Administrative Variance Permit $750.00 plus consultant fees Section 20.71.020 Administrative Special Use Permit $750.00 plus consultant fees Section 20.71.030 Non-administrative Conditional Use Permit $2,000.00 plus consultant fee Section 20.72.010 Non-administrative Special Use Permit $2,000.00 plus consultant fee Section 20.72.010 Historical Use Permit & Amendments $2,000.00 plus consultant fees Section 20.72.020 & Chapter 20.33 Non-administrative Variance $2,000.00 plus consultant fee Section 20.72.030 Site Plan Review $1,150.00 plus consultant fees Section 20.72.040 Site Plan Review Exemption $750.00 plus consultant fees if exemption approved; $1,150 plus consultant fees if site plan review is required Section 20.72.040 6 FEE TYPE AMOUNT MMC SECTION Revision of Site Plan $500.00, plus consultant fees Section 20.72.040 Reclassification of Zoning District $2,200.00 plus consultant fees Section 20.72.050 Divisions of Land Lot Line Adjustment $775.00 plus consultant fee Section 20.73.060 Short Subdivision/ Revision to an approved Short Subdivision $2,100.00 plus consultant fee Section 20.73.060 Preliminary Subdivision/ Revision to an approved Subdivision $5,520 + 100 per lot plus consultant fee Section 20.73.060 Final Subdivision $1,400 plus consultant fee Section 20.73.060 Shoreline Permits Substantial Development Permit $2,200.00 plus consultant fee Section 20.72.110 Shoreline Conditional Use Permit $2,200.00 plus consultant fee Section 20.72.120 Shoreline Variance $2,200.00 plus consultant fee Section 20.72.130 Revision to a Shoreline Permit $500.00 plus consultant fee Section 20.72.110 Shoreline Exemption $200.00 Chapter 20.80 Shoreline Master Program Interpretation $750.00 Chapter 20.80 Appeals Administrative Appeal $1,200.00 Section 20.80.230 Legislative Comprehensive Plan Amendment Fee $4,000.00 Section 20.83.070 Zoning Ordinance Amendment $4,000.00 Other Concealed Weapon Permit $48.00 Original $32.00 Renewal $42.00 Late Renewal $10.00 Replacement RCW 9.41.070 Criminal History Request – Certified Letter $20.00 Notary Service $10.00 per notarial act/stamp WAC-308-30-020 Passport Acceptance Fee $25.00 per application 22 USC 214 Permit Replacement $100.00 Section 3.64.010 Sign Impound Fee $25.00 Section 3.64.010 Sign Permit See Building Permit Fees and Conditional Use Permit Fees Permit Technology Fee for Software $19.75 per each permit Credit Card Fee (applicable when credit card used to pay development fees) 3 percent of total charge Section 3.64.010 7 TABLE A – BUILDING PERMIT FEES TOTAL VALUATION FEE $1.00 TO $500.00 $33.50 $501.00 TO $2,000.00 $33.50 for the first $500.00, plus $4.25 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 TO $25,000.00 $97.25 for the first $2,000.00 plus $19.55 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 TO $50,000.00 $546.90 for the first $25,000.00 plus $14.60 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 TO $100,000.00 $911.90 for the first $50,000.00 plus $9.94 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 TO $500,000.00 $1,408.90 for the first $100,000.00 plus $7.95 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 TO $1,000,000.00 $4,588.90 for the first $500,000.00 plus $6.63 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,001.00 to $5,000,000.00 $7,903.90 for the first $1,000,000.00 plus $4.44 for each additional $1,000.00 or fraction thereof $5,000,001.00 AND over $25,663.90 DEMOLITION OF EXISTING STRUCTURE………………………………… $133.00 PLUS BUILDING OFFICIAL HOURLY FEE PERMIT EXTENSION PRIOR TO ISSUANCE…………………………….. $75.00 PER WRITTEN REQUEST RELOCATE/ MOVE A BUILDING INTO CITY……………………………… $133.00 PLUS BUILDING OFFICIAL HOURLY FEE INITIAL PLAN REVIEW……………………………………………… 65% OF PERMIT FEE ADDITIONAL REVIEW OF CORRECTIONS, REVISIONS........................ BUILDING OFFICIAL HOURLY FEE REVIEW OF DEFERRED ITEMS……………………………....................... BUILDING OFFICIAL HOURLY FEE ONE INSPECTION & ONE RE-INSPECTION……………………………… INCLUDED IN PERMIT FEE ADDITIONAL RE-INSPECTIONS FOR COMPLIANCE…………………… CONSULTANT AND/ OR BUILDING OFFICIAL HOURLY FEE WORK NOT READY FOR INSPECTION WHEN SCHEDULED…………. CONSULTANT AND/ OR BUILDING OFFICIAL HOURLY FEE INSPECTIONS FOR WHICH NO FEE IS SPECIFIED…………………….. CONSULTANT AND/ OR BUILDING OFFICIAL HOURLY FEE PERMIT RENEWAL FEE……………….. $100.00 OR 25% OF PERMIT FEE, WHICH EVER IS GREATER WORK STARTED WITHOUT A PERMIT……………………………………. FEE IN THE AMOUNT OF PERMIT FEE, BUT NOT LESS THAN $133.00 BUILDING OFFICIAL HOURLY RATE………………………………………. $69.7671.16 STATE SURCHARGE FEE…………………………………………………… $4.50 PER PERMIT A DEPOSIT FOR CONSULTANT COSTS MAY BE REQUIRED PER CHAPTER 20.14 MMC……… To Be Determined 8 TABLE B - MECHANICAL PERMIT FEES TYPE OF PERMIT FEE BASE FEE Issuance of each permit $43.00 Issuance of supplemental permit, for which original permit expired Same as new Land use site review fee (where applicable) $100.00 Sound Testing fee (where applicable) $300.00 UNIT FEE SCHEDULE Includes Installation and Relocation Furnace/ Central Heating System 150,000 BTU or less Forced air system $30.00 each 150,000 BTU or less re-circulating hot water system (including vents and flues) $55.50 each Greater than 150,000 BTU See Table A Hot Water Heating System $ 30.00 each Heat Pump/ Air conditioning $55.50 each Suspended, recessed wall or floor-mounted heater unit/ fireplace, log lighter $30.00 each Boilers and any other single unit or system with an input in excess of 150,000 BTU See Table A Exhaust fan or appliance vent $30.00 each Solar, geothermal, wind and similar mechanical systems See Table A Other appliances, piece of equipment or system which is regulated by this code but not set forth in this schedule , or for which no other fee is listed $30.00 each OTHER FEES Plan review See Table A Additional re-inspections $30.00 per inspection Additional review of corrections, revisions, or additions Building Official hourly fee Work not ready for inspection when scheduled $45.00 Fees above include final inspection and one final re-inspection 9 TABLE C – GRADING & DRAINAGE PERMIT TOTAL YARDS FEE 25 TO 100 cubic yards $250.00 plus consultant costs 101 TO 2,000 cubic yards $250.00 for the first 100 yards and $24.50 for each additional 100 cubic yards or fraction thereof, to and including 2,000 cubic yards; plus consultant costs 2,001 cubic yards and up $715.50 for the first 2,000 cubic yards and $25.00 for each additional 100 cubic yards or fraction thereof; plus consultant costs FEES ABOVE INCLUDE FINAL INSPECTION AND ONE FINAL RE-INSPECTION ADDITIONAL INSPECTIONS, INCLUDING WET SEASON TESC INSPECTIONS, ARE CHARGED AT THE CONSULTANT COSTS INSPECTIONS FOR WHICH NO FEE IS SPECIFICALLY INDICATED ARE CHARGED AT THE CONSULTANT COSTS A DEPOSIT FOR CONSULTANT COSTS IS REQUIRED PER CHAPTER 20.14 MMC 10 TABLE D - PLUMBING PERMIT FEES TYPE OF PERMIT FEE BASE FEE Issuance of each permit $43.00 Issuance of supplemental permit, for which original permit expired Same as new FIXTURE FEE SCHEDULE All plumbing fixtures $ 30.00 each fixture OTHER FEES Re-inspections $45.00 per inspection Work not ready for inspection when scheduled $45.00 Fees above include rough-in inspection and final inspection Medina City Council Regular Meeting AGENDA ITEM 10.2 Monday, February 13, 2017 AGENDA BILL Subject: 2017 PLANNING COMMISSION WORK PROGRAM Category: Consent Ordinance Public Hearing City Council Business Resolution Other – Discussion Prepared By: Robert Grumbach, Development Services Director Summary: Pursuant to MMC 2.44.030, the Planning Commission acts as an advisory body to the City Council on planning related matters referred to them by the City Council. The annual work program establishes the City Council’s priorities and direction on those matters they wish to have the Planning Commission advise them on. (The Planning Commission’s advice comes in the form of a formal recommendation.) The process for adopting the annual work program has been the Planning Commission forwarding a proposal and the City Council acting on that proposal by adopting or modifying the work program. The Planning Commission reviewed its work program at its January 2017 meetings and offers the following: In 2016, the Planning Commission accomplished the following tasks: •Completed the Mandatory Grading & Drainage Regulations Update •Updated Marijuana Land Use Regulations •Completed Accessory Recreational Facilities Amendments •Completed Noise Control Regulations Update (at the January meeting) •Near completion on Sign Code Update (public hearing scheduled February 15th) •Conducted eight Level 2 Tailored Construction Mitigation Plan Pre-decision hearings •Held 14 total meetings For 2017, the Planning Commission proposes the following changes to the work program: •Removed Grading and Drainage Regulations •Incorporate Bonus Structural Coverage based on Height into discussion about FloorArea Ratio •Added new six new work items including Floor Area Ratio (see proposed work program) Attachments: 1.Proposed 2017 Planning Commission Work Program 2.Memo on Potential 2017 Planning Commission Work Program Items3.Memo on Planning Commission Work Program Accomplishments4.Approved Planning Commission Work Program Budget/Fiscal Impact: None Staff Recommendation: Approve City Manager Approval: Proposed Council Motion: “I move to approve the 2017 Planning Commission Work Program.” Proposed 2017 Planning Commission Work Program TOPIC COMMENTS 1.Sign Code -Review MMC 20.30.020 for adequacy in protecting the community character and toreview for consistency with the Supreme Court ruling in Reed v. Town of Gilbert 2.View and SunlightRegulations -Update to create a local process for resolving view and sunlight disputes 3.Construction Mitigation Plan -Review and update construction mitigation plan procedures and criteria 4.Sustainability Regulations -Look at green codes 5.Tree Code Amendments -Based on recommendations from the tree code study evaluating how the current tree code is working 6.Floor Area Ratio/ minimumlandscaping requirements -Change from a structural coverage standard to a Floor Area Ratio standard. This would incorporate the 2016 work item looking at structural coverage based onheight. Also, change the maximum impervious surface standard to a minimum landscaping standard. 7.Delete Verification Step ofOriginal Grade -Remove the second step for determining original grade and accept the assumptionof original grade as the final original grade determination 8.Expand the allowances for matching nonconformingheight -Either extend the availability of minor deviations to lots greater than 16,000 square feet, or allow existing building to match existing rooflines regardless of theirconforming/ nonconforming status. 9.Revise the site plan review process -Delete this as a mandatory requirement. Instead offer this process as analternative means for modifying dimensional standards where good design principles are applied. 10. Delete the 5-foot frontsetback strip for fence -Eliminate the 5-foot front property line zone adjacent to local access roads where adifferent fence height standard is applied. 11. Home Business -Review Section 20.31.010 for possible changes and updates 12. City-initiated Comprehensive Plan Update -Broad review of the Comprehensive Plan to determine if the goals and policies still reflect community values and to incorporate streetscape amendments developed in2012 13. Wireless Communication Code Amendments -The FCC has established new rules governing the modification of existing wireless communication facilities that supersede local regulations 14. Other code amendments as assigned by the City Council - On-going ATTACHMENT 1 Proposed 2017 Planning Commission Work Program Notes: • Topic 1: This topic is modified from 2010 to include a general review of signage regulations for short comings and updating and reviewing content-based aspects of the City’s sign code for consistency with the 2014 U.S. Supreme court ruling. • Topic 2: Added by the council at the April 11, 2016, meeting as a result of the Phase Two tree code update. • Topic 3: Review and update construction mitigation plan regulations. Council direction on the scope of the work is required. • Topic 4: Review “green codes” such as low impact development for possible application to Medina. • Topic 5: This topic addresses areas of improvement identified in the study of the Tree Code one year later. • Topic 6: This topic looks at substantively altering the City methodology for controlling building bulk. It would also incorporate the topic of looking at structural coverage based on height. • Topic 7: This is recommended to lessen permit paperwork. • Topic 8: This topic is rooted in complaints when property owners add a second story additions that does not exceed existing rooflines • Topic 9: This topic looks to make site plan review more relevant. • Topic 10: This would simplify the application of fence height standards. • Council’s direction has been to minimize home business regulations and to focus on items that impact neighbors, such as parking, deliveries, etc. • Topic 11: Council’s direction has been to minimize home business regulations and to focus on items that impact neighbors, such as parking, deliveries, etc • Topic 12: This is subject to council approving a budget to fund a consultant to help with the review. • Topic 13: Referred to as Section 6409(A), the FCC adopted new rules that make modification of existing wireless communication facilities a federal approval under certain criteria. Local governments can option to maintain local permitting requirements consistent with the new FCC rules. ATTACHMENT 1 1 CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.451.8197 (fax) www.medina-wa.gov MEMORANDUM To: PLANNING COMMISSION From: ROBERT J. GRUMBACH, AICP Date: January 24, 2016 Subject: Potential 2017 Planning Commission Work Program Items The Planning Commission is nearing completion on several of its 2016 work program items – noise, signs, and view and sunlight. The next work item on the 2016 work program is updating the construction mitigation plan regulations. The other work items - home business, bonus structural coverage based on height, and sustainability regulations are focused on producing studies rather than action items. Some of the goals from the 2009 permitting and zoning study that established the guidelines for the Unified Development Code included: Create a more user-friendly code that is more easily understood by people who are not land use professionals. Maintain flexibility to address individual circumstances by better defined discretionary decision-making authority. Look for opportunities to streamline permit processes to achieve better efficiencies by reducing time, cost and effort while protecting neighboring property owners and the preservation of community character. Consistent with these goals, the following items are suggested as possible work program items to be considered: SUBSTANTIAL AMENDMENTS: 1.Change Structural Coverage development standards to Floor Area Ratio developmentstandards. Discussion: Using Floor Area Ratio provides greater design flexibility as it provides for acertain amount of bulk and leaves it to the property owner to decide how they want to distribute the bulk subject to height and setback restrictions. For example, a property owner can distribute the same amount of bulk in the form of a single-story or a multi-story building.It can also simplify challenges we have in the R-20 and R-30 zones with applying the two different options relating to height and structural coverage standards (Work Item #6 Bonus Height based on Structural Coverage could be more easily incorporated using a Floor AreaRatio standard). ATTACHMENT 2 2 2. Expand the allowance for homes that have nonconforming height to add building additions that match the existing nonconforming height. Discussion: The code currently allows on lots less than 16,000 square feet for home additions/ alterations to match existing nonconforming heights through a minor deviation process. Either the minor deviation process could be expanded by allowing it for all lots, or the minor deviation process can be eliminated by making the matching of existing nonconforming height an outright permitted use. (The minor deviation process also allows additions to match nonconforming setbacks.) 3. Completely change to the site plan review process to make it an optional process have it available when a property owner needs to seek relief from zoning dimensional standards to allow for better design without the need for a variance. Discussion: The current site plan review process is mandatory for large property developments. In its current form, it has had no effect on property owners design choices, but has added to the cost and paper work for permits. The site plan review process was expanded during the last tree code update to create an option for a property owner to use site plan review to deviate from zoning standards in order to preserve trees. This idea could be expanded while eliminating the mandatory requirement for the larger lots. 4. Change maximum impervious surface standards to minimum landscaping area requirements. Discussion: Before stormwater regulations were adopted, maximum impervious surface standards were adopted as a means to control storm water runoff. Limitations on the total hard surface also affect the look and feel of the community as larger impervious surface areas replace ground and vegetative surfaces. With new stormwater regulations, the approach of controlling storm water runoff is outdated. Instead, the ratio of hard surface to vegetation on a lot should reflect the character of the community. Having minimum landscaping area standards could also better compliment having a floor area ratio standard. MINOR AMENDMENTS: 5. Delete Verification Step of Original Grade. Discussion: MMC 20.23.080 establishes a two-step process for determining original grade – (1) assumption of original grade; and (2) verification of original grade. Occasionally, the assumption of original grade and the verification of original grade produce different results, but mostly they are the same. This proposal would simply accept the assumption of original grade as the zero elevation used to measure height. 6. Delete the 5-foot front setback strip where fence height is limited to four feet. Discussion: MMC 20.30.010(B) limits the height to four feet within a five-foot setback area from front property lines and along the front 30 feet of side property lines. This could be simplified by eliminating the five-foot setback strip and setting a uniform height of either four feet or six feet for fences and gates within front property line setback areas. (Note that the four-foot height limit applies to local access roads and not arterial and collector streets such as 84th Avenue NE, Evergreen Point Road and Overlake Drive. ATTACHMENT 2 CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.454.8490 (fax) www.medina-wa.gov To: PLANNING COMMISSION From ROBERT J. GRUMBACH, AICP Date: January 24, 2017 Subject: PLANNING COMMISSION WORK PROGRAM The following is a list of the accomplishments as they correlate with the approved 2016 planning commission work program. Work Program Item Accomplishments 1. Sign Code Draft ready for public hearing in February 2. Grading and DrainageRegulations Ordinance No. 939 adopted 3. Construction Mitigation Plan No action taken 4. View and Sunlight On-going 5. Home business No action taken 6. Bonus Structural Coverage based on height No action taken 7. Bonus structural Coverage based on height No action taken 8. City-initiated ComprehensivePlan Update No action taken 9. Wireless Communication Code Amendments No action taken 10. Other Tasks Updated Marijuana Regulations – Ordinance No. 933 adopted Accessory Recreational Facilities – Ordinance No. 943 adopted Noise Control Regulations Training: Judging Quasi-Judicial Matters Training: Parliamentary Procedures 8 Tailored CMP Level 2 Hearings 14 total meetings in 2016 CONSIDERATION FOR THE 2017 WORK PROGRAM Noise control regulations to replace King County Noise Regulations due to changes by KingCounty Sign code ready for public hearing Complete work on Noise Control Regulations Council direction to review View and Sunlight Ordinance ATTACHMENT 3  Potential Tree Code Amendments based on Council requested study  Possible Zoning Code Amendments – see memo  FCC may be looking at more rule changes that could affect local zoning and permitting regulations  No budget is available for City-initiated Comprehensive Plan Update ATTACHMENT 3 Modified Approved 2016 Planning Commission Work Program TOPIC COMMENTS 1. Sign Code -Review MMC 20.30.020 for adequacy in protecting the community character and toreview for consistency with the Supreme Court ruling in Reed v. Town of Gilbert 2. Grading and Drainage Regulations - Consolidate grading and drainage regulations into a single chapter and update to adopt 2012 DOE Storm Water Manual for Western Washington 3. Construction Mitigation Plan - Review and update construction mitigation plan procedures and criteria 4. View and Sunlight Regulations -Update to create a local process for resolving view and sunlight disputes 5. Home businesses - Review Section 20.31.010 for possible changes and updates 6. Bonus Structural Coverage based on Height -Study adopting graduated bonus lot coverage for R-20 & R-30 zoning districts based on height. Structural coverage would increase a proportional amount as theheight was reduced from the maximum 7. Sustainability Regulations - Look at green codes 8. City-initiated Comprehensive Plan Update -Broad review of the Comprehensive Plan to determine if the goals and policies still reflect community values and to incorporate streetscape amendments developed in 2012 9. Wireless Communication Code Amendments - The FCC has established new rules governing the modification of existing wireless communication facilities that supersede local regulations 10. Other code amendments as assigned by the City Council - On-going Notes: Topic 1: This topic is modified from 2010 to include a general review of signage regulations for short comings and updating and to review content-based aspects of the City’s sign code for consistency with the 2014 courtruling. Topic 2: Medina falls under the Western Washington Phase II Stormwater Permit. This permit is required for the discharge of wastewater (including stormwater) into waters of the state. One of the conditions of the permit is to update the stormwater code by December 31, 2016, to new standards and to make LID a preferred approach tomanaging runoff. Topic 3: Review and update construction mitigation plan regulations. Council direction on the scope of the work is required. ATTACHMENT 4 Modified Approved 2016 Planning Commission Work Program  Topic 4: Council’s direction has been to minimize home business regulations and to focus on items that impact neighbors, such as parking, deliveries, etc.  Topic 4(5): Added by the council at the April 11, 2016, meeting.  Topic 5: Expectations on the Bonus Structural Coverage are to study the issue and prepare a report to the Council.  Topic 6: Review “green codes” such as low impact development for possible application to Medina  Topic 7: This is subject to council approving a budget to fund a consultant to help with the review.  Topic 8: Referred to as Section 6409(A), the FCC adopted new rules that make modification of existing wireless communication facilities a federal approval under certain criteria. Local governments can option to maintain local permitting requirements consistent with the new FCC rules. ATTACHMENT 4 Medina City Council Regular Meeting Monday, February 13, 2017 AGENDA BILL Subject: TREE CODE STUDY Category: Consent Ordinance Public Hearing City Council Business Resolution Other – Discussion Prepared By: Robert Grumbach, Development Services Director Summary: During the Phase Two adoption of the tree code performance and retention standards (July 13, 2015), a motion was made to have a third party consultant review the new tree code over a one-year timeframe. Although this motion ended up being tabled, follow-up with the city council indicated a wish for this evaluation to be conducted. The City hired The Watershed Company to conduct an evaluation of the Tree Code from the effective date of the new performance and retention standards (July 31, 2015) to the present. Their evaluation and findings is attached along with recommendations for improvements developed from discussions with staff. Some key findings from the report: •Excluding the SR 520, 292 trees were removed and 147 replacement trees were planted. Areplacement rate of 50 percent. •The majority of trees removed have been under the performance standards, which have areplacement rate of 20 percent (244 trees removed/ 49 replacement trees planted). •The SR 520 project, which extends over both the old Chapter 12.28 Tree Code and the new tree code, removed 37 trees west of Evergreen Point Road and 72 replacement trees wereplanted. (Note: the total number of trees planted is 138, but only 72 of these qualified as replacement trees.) •Anecdotally, many private property owners plant additional replacement trees not required by the code. •There was a noteworthy increase in tree permitting activity, with only a small percentage attributed to the expansion of the code to trees previously not counted as significant. •The composition of replacement trees is trending towards changing the characteristics of the existing tree canopy. Larger tree species such as Douglas firs and Western red cedars are being replaced by smaller tree species. The report concludes that small modifications could be made within the framework of the code to improve its overall performance in preserving the city’s tree canopy. The report also concluded that the tree code generally functions well in implementation. While the code itself is complex, the permit forms complement the code well and help users navigate that complexity. Note: The Planning Commission 2017 Work Program includes consideration of amendments to the tree code based on recommendations in study. Attachments: 1.Evaluation of Tree Management Code Budget/Fiscal Impact: ~$9,000 for study Staff Recommendation: None – discussion item City Manager Approval: Proposed Council Motion: None – discussion item AGENDA ITEM 10.3 City of Medina Evaluation of Tree Management Code Prepared on behalf of: The City of Medina Department of Development Services 501 Evergreen Point Road, P.O. Box 144 Medina, WA 98039 Prepared by: February 2017 The Watershed Company Reference Number: 161210 i Table of Contents 1 Introduction .............................................................................................. 2 1.1 Purpose ..................................................................................................................2 1.2 Background .............................................................................................................2 1.3 Overview of this Report ...........................................................................................2 2 Tree Activity Permit Review ....................................................................... 4 2.1 Methods .................................................................................................................4 2.2 Results ....................................................................................................................4 3 Third-Party Assessment ............................................................................ 12 4 Conclusions .............................................................................................. 14 4.1 Maintaining the Existing Tree Canopy .................................................................... 14 4.2 Usability ............................................................................................................... 14 5 Recommendations .................................................................................... 15 5.1 Maintaining the Existing Tree Canopy .................................................................... 15 5.2 Usability ............................................................................................................... 16 List of Tables Table 2-1. Summary of trees removed and replaced by permit type, excluding SR 520 project.... 5 Table 2-2. Summary of SR 520 tree removal and replacement ...................................................... 5 Table 2-3. Summary of trees removed and replaced by permit type, including SR 520 project .... 6 Table 2-4. Summary of most commonly removed tree species, excluding SR 520 project ............ 7 Table 2-5. Summary of replacement trees across all performance standard and right-of-way permits .................................................................................................................. 8 Table 2-6. Tree Activity Permits submitted, 2010-2016 ................................................................ 10 The Watershed Company February 2017 Evaluation of Tree Management Code for the City of Medina 2 1 Introduction 1.1 Purpose This report presents the results of an evaluation of the City of Medina’s Tree Management Code (Chapter 20.52 Medina Municipal Code [MMC]). The purpose of the evaluation was to assess the effectiveness of changes made to the City’s tree code by Ordinance No. 923, which adopted new performance standards and tree retention requirements. Specifically, the evaluation assessed the effectiveness of the new code in implementing its purpose as set forth in MMC 20.52.010.A, which is to “preserve the existing sylvan appearance [of the City] through long-term retention and planting of trees that contribute to the community’s distinct features, including proximity to the lakeshore, views, heavily landscaped streetscapes, and large tracts of public and private open spaces.” Additional intent statements in MMC 20.52.010.B address flexibility and ease of use for homeowners in addition to protection of trees. 1.2 Background The current Tree Management Code was adopted on July 31st, 2015 (Ordinance No. 923). The code is implemented through Tree Activity Permits, which are required for removal of significant tree species (defined under MMC 20.52.050) of six-inch diameter at breast height size and larger trees, as well as for any land designated as being under development (defined under MMC 20.52.100). Where a property is designated as under development, the code defines minimum retention requirements for significant trees (prescribed in MMC 20.52.110) as well as minimum performance standards (prescribed in MMC 20.52.130). These performance standards apply whether or not trees are proposed for removal, and prescribe a minimum number of “tree units” for the property based on lot area and land use category. Where the property exceeds the minimum number of tree units (as demonstrated by an inventory of trees on the property), tree units may be removed without replacement. Where the property falls short of the minimum number of tree units, trees must be planted until the performance standard is met. Where a property is not under development, the code defines minimum restoration requirements (prescribed in MMC 20.52.150). These requirements prescribe replacement ratios based on the size of the significant trees removed. Replacement trees must be selected from a list of suitable species established in MMC 20.52.050. Using this alternative, a property not under development may have waived the restoration requirements if the property meets minimum performance standards established in MMC 20.52.130 (MMC 20.52.150.K). 1.3 Overview of this Report The evaluation consisted of a review of Tree Activity Permits issued under the code (Chapter 2 of this report) and a general, qualitative assessment of usability and effectiveness based on The 3 Watershed Company’s experience as a third-party user of the code (Chapter 3). Conclusions from the evaluation are presented in Chapter 4. Finally, this report presents recommendations to improve the effectiveness and usability based on the City staff’s experience implementing the code (Chapter 5). The Watershed Company February 2017 Evaluation of Tree Management Code for the City of Medina 4 2 Tree Activity Permit Review 2.1 Methods The Watershed Company’s Mike Foster, ISA Certified Arborist, and Tess Brandon, AICP environmental planner, visited Medina City Hall on January 9th and January 12th, 2017, to review Tree Activity Permits. The review was limited to those permits vested and granted under the current Tree Management Code effective July 31, 2015. A total of 69 permits were reviewed. For each permit, the following information was collected, as applicable and available: • Permit number • Permit type (performance standard, restoration standard, or right-of-way) • Total existing tree units • Required tree units • Trees removed (number, size, and species) • Trees planted (number and species) This chapter presents a summary and analysis of this information. A summary of all data collected is included as an appendix to this report. 2.2 Results Tree Retention Overview The following section summarizes the tree retention results from the Tree Activity Permits reviewed, including the number, size, and species of trees removed and replaced under these permits. Throughout the section, tree retention results are presented and discussed according to two categories: 1) including the tree removal and replacement activity from the SR 520 project; and 2) excluding it. This is due to the fact that the tree activity included in the WSDOT SR 520 project began prior to adoption of the current Tree Management Code, and therefore includes a mixture of new and old code application. Specifically, the original tree removal permit application associated with the project was submitted on January 31st of 2012 under the old Medina Tree Code, Chapter 12.28 MMC. The scale of tree removal and replacement under the original permit was significant. Subsequently, the contractor applied to remove additional trees, which were permitted under the performance standards requirements of the current code. While the City is unlikely to see another project similar in scale and nature to the SR 520 project, the replacement trees captured in the SR 520 permits will contribute to the city’s canopy, and are therefore captured as part of this evaluation. 5 Number of Trees Removed and Replaced Excluding the SR 520 project, a total of 292 trees have been removed and a total of 147 replacement trees have been planted since the adoption of the current Tree Management Code. Table 2-1 presents a summary of the total number of trees removed and replaced by permit type. Table 2-1. Summary of trees removed and replaced by permit type, excluding SR 520 project Permit Type Number of Permits Number of Trees Removed Number of Trees Planted Replacement Rate Performance standard 39 244 49 20% Restoration 23 39 84 215% Right-of-way 5 9 14 156% Total 67 292 147 50% In addition to trees removed under Tree Activity Permits, 23 dead trees were authorized for removal during the study period. These removals were exempt from the requirement to obtain a Tree Activity Permit under MMC 20.52.030, and are outside of the scope of this evaluation. Between 2012 and the present, the SR 520 project (west of Evergreen Point Road) removed a total of 37 trees (data for trees removed east of Evergreen Point Road is not available). The majority of tree removals associated with the project were captured under permit 12-004, submitted under the old Tree Management Code. Four additional trees were removed under permits 16-059 and 17-002, submitted under the current Tree Management Code. A total of 72 replacement trees meeting the City’s mitigation requirements were planted. Table 2-2 summarizes the tree removal and replacement activity for the SR 520 project, including information from all three permits. Table 2-2. Summary of SR 520 tree removal and replacement Permit Applicable Code Number of Trees Removed Total Replacement Trees Required Number of Trees Planted3 Cumulative Replacement Rate TREE-12-004 old 331 37 54 163% TREE-16-059 current 1 652 18 212% TREE-17-002 current 3 662 0 195% Cumulative Total 37 66 72 195% 1. Based on definition of significant tree species as having a DBH of 10 inches or larger. 2. Under performance standards, a total of 77 tree units were required. A portion of this requirement was met with existing on-site trees; the number shown in the table is the remainder required. 3. These numbers represent only those trees planted that met City standards for mitigation. Project plans and permitting documents indicated that a total of 138 trees were planted. Table 2-3 presents a combined summary of all trees removed and replaced under the current Tree Management Code, as well as those trees removed under the old code but included in the SR 520 project. The Watershed Company February 2017 Evaluation of Tree Management Code for the City of Medina 6 Table 2-3. Summary of trees removed and replaced by permit type, including SR 520 project Permit Type Number of Permits Number of Trees Removed Number of Trees Planted Replacement Rate Old code (TREE-12-004) 1 33 54 163% Performance standard 41 248 67 27% Restoration 23 39 84 215% Right-of-way 5 9 14 156% Total 701 329 219 67% 1. This total includes one permit submitted under the old code for the SR 520 project. The total number of permits formally reviewed as part of the Tree Activity Permit evaluation is 69. Size and Species of Trees Removed Tree size is reported by inches in diameter at breast height, or DBH. Under the current code, a Tree Activity Permit is required for removal of any significant tree having a six-inch DBH or larger size, excluding trees that died from natural causes. Legacy trees, or trees having a 50-inch DBH or larger size, are subject to additional retention protections under the code. Maximum potential height, measured in feet, is another indicator of overall tree size. In particular, it can be used as a rough proxy for canopy, as taller trees generally have wider canopies. The U.S. Forest Service provides estimates of maximum potential height for tree species found in North America. These values were assigned to removed and replaced trees wherever species information was provided in the Tree Activity Permit (see Table 2-4). In reality, maximum potential height for an individual tree may depend on factors other than species, including climate and soil quality. Across all permit types and excluding the SR 520 project, the average tree removed had a DBH of approximately 17 inches, and a maximum potential height of approximately 127 feet. Trees removed from City rights-of-way were smaller than the average (14 inches DBH), while trees removed using restoration standards were larger than the average (19 inches DBH). The largest tree removed (by DBH) was a Western red cedar with a DBH of 52 inches (approved for removal as a nuisance tree). Table 2-4 summarizes size information for those tree species most commonly removed across all permit types (six or more individual trees removed), excluding the SR 520 project. These 12 species account for 230, or almost 80 percent, of the 292 total trees removed. The four trees removed under the current code as part of the SR 520 project included three Western red cedars (26 inches DBH or greater) and one poplar (33 inches DBH). 7 Table 2-4. Summary of most commonly removed tree species, excluding SR 520 project Common Name1,2 Evergreen (E) or Deciduous (D) Number of Trees Removed Total DBH Removed (in) Average DBH Removed (in) Largest Individual Removed (in DBH) Maximum Potential Height (ft)5 Douglas fir E 74 1,584 21.4 43.0 250 Western red cedar E 43 932 22.0 52.0 130 Lombardy poplar D 21 451 21.5 36.0 90 Flowering cherry D 16 182 11.4 27.0 30 European white birch D 15 202 13.4 28.7 80 Bigleaf maple D 12 211 17.6 28.0 80 Unknown pine E 12 198 16.5 26.0 303 Red alder D 9 128 14.2 26.0 120 Katsura D 8 58 7.3 8.0 100 Unknown species N/A 8 91 11.4 41.0 303 Paperbark birch D 6 57 9.5 13.0 80 Flowering dogwood D 6 40 6.7 8.0 49 All others (includes 12 tree species) 62 942 15.1 41.2 824 Total 292 5,076 17.1 52.0 126.6 1. Some tree names were modified for standardization (e.g. Fir was changed to Douglas fir). 2. Seven reported removed trees, including Leyland Cypress and Eastern Arborvitae, were omitted from this summary as they are not considered “significant tree species on private property” in the City of Medina. 3. Values provided for unknown species are an estimate only. 4. Average maximum potential height based on the maximum potential height of the remaining trees, weighted for each number of each species to be removed. 5. Data from U.S. Forest Service and Oregon State University Landscape Plants websites. The three most commonly removed trees – Douglas fir, Western red cedar, and Lombardy poplar – were responsible for almost half (47 percent) of all tree removals. These trees were also larger than average, with DBH values above 20 inches. Douglas fir and Western red cedar also have larger than average maximum potential height (250 feet and 130 feet, respectively). Size and Species of Trees Replaced Table 2-5 presents species information for replacement trees. This information includes data from only those Tree Activity Permits using performance standards or removing trees from City rights- of-way (where species information was provided); most Tree Activity Permits using restoration standards did not indicate the species of the replacement tree(s) to be planted due to this usually being determined in the field. Table 2-5 also presents size information in the form of maximum potential height; DBH information is not relevant for newly planted trees. The Watershed Company February 2017 Evaluation of Tree Management Code for the City of Medina 8 Table 2-5. Summary of replacement trees across all performance standard and right-of-way permits Common Name Evergreen (E) or Deciduous (D) Number of Replacement Trees Maximum Potential Height (ft) All1 No SR 520 Western red cedar E 32 0 130 Vine maple D 27 3 30 Douglas fir E 25 1 250 Alaska cedar E 24 1 125 Hinoki Falsecypress E 24 24 20 Western serviceberry D 13 1 26 Excelsa Western red cedar E 11 0 35 Shore pine E 10 10 50 Unknown pine E 9 9 302 Austrian pine E 5 5 120 Serviceberry “Autumn Brilliance” D 5 0 25 Bigleaf maple D 4 0 80 Beaked hazelnut D 3 0 20 Japanese maple D 2 2 25 Nordmann fir E 2 2 60 Mountain hemlock E 2 2 150 Saucer magnolia D 1 1 20 Spaan’s Dwarf Shore pine E 1 1 3 Total 200 62 Average for all: 89 Average without SR 520: 51 1. Tree species and counts from SR 520 project include all 138 trees included in permit documentation. Subsequent analysis by City staff indicated that only 72 of these trees met City mitigation standards. 2. Value provided for unknown species is an estimate only. Excluding the SR 520 project, Shore pines and Hinoki Falsecypress comprise the majority of replacement tree species. Both are evergreen trees with small to average maximum potential height. Implications for Canopy Preservation Looking at the total number of trees removed and planted over the study period indicates a replacement ratio of approximately 50 percent without the SR 520 project. In other words, for every ten trees removed, five trees are planted. More importantly, a comparison of species and average maximum potential height results for trees removed and trees planted indicates that the City’s canopy is changing as a result of tree activity. In other words, if current trends continue, the Tree Management Code will not achieve one of its stated intents to protect and preserve the existing tree canopy. This presumably includes conditions, such as size and species distribution. In general, large species such as Douglas fir and Western red cedar are being removed and replaced with smaller species. While species information is not available for Tree Activity Permits 9 using restoration standards (and these permits comprise the majority of replacement trees outside of the SR 520 project), anecdotal evidence from City staff experience indicates a similar trend citywide for these permits. A one-to-one comparison of current code performance to historical code performance is not possible, as the data collected include only those permits issued under the current code. However, in August of 2014 the City conducted a citywide tree canopy assessment using GIS remote sensing technology and high-resolution aerial photography. The assessment estimated total tree canopy within the City, in acres, for the years 2001 and 2012. The results of the assessment indicated a reduction in total canopy from approximately 321 acres in 2001 to approximately 288 acres in 2012. This represents an annual loss of approximately three acres per year (The Watershed Company 2014). Using the results of the assessment combined with on-the-ground tree inventory information for a subset of the city, staff developed a “reference tree,” or hypothetical average Medina tree using normal tree growth rates. The reference tree was used to develop the required tree units and replacement trees for both performance standards and restoration requirements. The reference tree has a canopy area of 1,014.8 square feet. Based on this reference tree, since July 31st, 2015 (a period of 17 months), the Tree Activity Permits collected indicate an estimated total loss of 3.4 acres of canopy (excluding the SR 520 project) or 2.6 acres of canopy (including the SR 520 project). For the purpose of comparison to previous years, this is equivalent to an annual loss of approximately 2.4 acres of canopy per year (excluding the SR 520 project) or 1.8 acres of canopy per year (including the SR 520 project). This estimated annual rate of canopy loss is slightly smaller than the average rate of canopy lost between 2001 and 2012. However, it is important to note that the reference tree was derived from canopy conditions as they were in 2012. As previously discussed, trees being planted are generally significantly smaller than the trees they are planted to replace. If this trend continues, the reference tree will reflect true canopy conditions less and less over time. As such, use of the reference tree to calculate loss of canopy during the study period may underestimate actual loss of canopy. Permit Activity Rate of Total Permits Submitted Based on a records review by City staff, the number of Tree Activity Permits submitted since adoption of the current Tree Management Code represents an increase relative to previous years. Table 2-6 shows the number of permits submitted per year from 2010 through 2016. The Watershed Company February 2017 Evaluation of Tree Management Code for the City of Medina 10 Table 2-6. Tree Activity Permits submitted, 2010-2016 Year Permits Submitted 2010 3 2011 11 2012 24 2013 33 2014 23 2015, Jan-July 11 2015, Aug-Dec 24 2016 43 Total 172 Between 2010 and 2014, the City received an average of approximately 19 Tree Activity Permits annually, with a high of 33 permits submitted in 2013. In 2015, a total of 35 permits were received, with more than two thirds of these submitted under the newly adopted code. The City received a record high of 43 Tree Activity Permits in 2016, an approximately 126 percent increase over the previous annual average. As part of the 2015 update to the City’s Tree Management Code, the size threshold for a significant tree was decreased from 10 inches to six inches DBH. This had the potential to increase the number of Tree Activity Permits submitted, as smaller trees now trigger the need for a permit. Of the 295 trees removed across all permit types, 69 trees, or approximately 23 percent of trees, were under 10 inches DBH. Another 121 trees, or 41 percent, were under 20 inches DBH; under the old code, these larger trees were subject to a higher replacement ratio requirement. However, only seven of 69 total Tree Activity Permits (approximately 10 percent) included removal of only trees under 10 inches DBH. In other words, all but seven of the 69 tree removal activities permitted would still have triggered the need for a permit under the old code. Therefore, the size threshold change for significant trees was not a primary contributor to the observed increase in permit volume. Performance Standards As shown in Table 2-3, the majority of permits submitted (41 out of 69) used the performance standards option under the Tree Management Code. This option allows removal of significant trees without replacement down to the minimum performance standards for the property, as determined based on lot area and land use category. The intent of this approach is that trees removed from properties exceeding performance standards will be compensated by trees that must be planted on developing properties not meeting performance standards. Of the 41 permits using performance standards, eight did not meet performance standards under current site conditions. The average difference between existing tree units inventoried on these properties and the minimum number of tree units required was 4.2 (6.8 including the SR 520 project). In other words, residential properties not meeting performance standards were an 11 average of 4.2 tree units below those standards. Tree replacement was required for these eight permits, and for two additional residential properties on which the proposed tree removal activity would bring the property below its performance standards. Together, these ten permits accounted for 115 replacement trees required to be planted, and an additional 11 replacement trees required but satisfied using surplus trees already existing on the subject property (rather than planted), as allowed under MMC 20.52.130.D. Conversely, 33 of the 41 permits, or 80 percent, were on properties meeting or exceeding their minimum performance standards. The average number of tree units above the required minimum among these properties was 33.3. However, this number is skewed by a permit for the Overlake Golf Course, a relatively large property with a surplus of 620 tree units above its performance standard. Without the golf course, the average amount of exceedance was 14.9 tree units. Looking at all residential properties using performance standards (including those not meeting and those exceeding performance standards), the average residential property had 11.9 more tree units than required. It is important to note that replacement tree numbers presented for performance standard permits do not take into account any trees that may have been planted as part of the overall site development, but that were not required under the Tree Management Code. According to anecdotal evidence from the City arborist, lands under development or redevelopment usually voluntarily plant more trees than the minimum number required under the code. This information, combined with the analysis above, indicates that residential properties in the city could likely accommodate higher performance standards. The Watershed Company February 2017 Evaluation of Tree Management Code for the City of Medina 12 3 Third-Party Assessment This section provides a brief evaluation of the usability of the Tree Management Code and the accompanying permit application forms. The Watershed Company has applied for tree permits under the City’s old and new Tree Code, and these comments are a reflection of those experiences. The comments are qualitative in nature only and are intended to evaluate how the code meets the current goal of providing flexible standards to applicants, as well as how effectively the policies and requirements of the code are implemented at the permit level. Application Submittal Process Using MMC Chapter 20.52 as a stand-alone means for evaluating a project presents users with a challenging series of steps and formulas that for the average applicant can be difficult to follow. The old Medina Tree Code offered similar challenges, but with a less sequential process and less clarity in its steps and formulas. The new Tree Activity Permit application form, however, is a well-constructed counterpart to the code that guides the user through the procedures and calculations for obtaining a permit. Aside from some minor clarity issues on the forms, such as users mistakenly filling out both the performance standards portion and the restoration portion, the application documents clarify the process well. The restoration standards permit option offers a streamlined process for obtaining permission to remove a tree. Often the Tree Activity Permit is issued the same day or within a couple of days of submittal. Flexibility The regulations present users of the code flexibility on a few levels. First, the code offers users the ability to remove undesirable trees, or trees that are in conflict with building proposals, with relatively light and unobtrusive replacement requirements. In fact, only eight of the tree permits reviewed in this study using performance standards required any tree replacement. Second, the code offers users the choice between restoration standards and performance standards when their property is not under development. With the streamlined permit process and lower permit fee for restoration standards, there can be an incentive for using the restoration standards over the performance standards. Third, the code offers users choices for meeting replacement requirements. Replacement trees can be planted off-site with the permission of another property owner. Existing trees less than six inches in DBH can be counted as replacement trees. An applicant can plant additional trees in the right-of-way in lieu of paying to the Medina Tree Fund for lost public benefits. Finally, the list of tree species that are acceptable as replacement trees is comprehensive. The list contains a variety of native and non-native trees that are common at local nurseries, popular as 13 landscape plants throughout the city, and can accommodate a wide range of desired functions (e.g. view and sunlight accommodation, habitat function, landscape amenity, etc.). Although some protections to native trees larger than 50 inches DBH are in place, dead, nuisance, and hazard trees can be removed with a straightforward notification or application process under the code. Clarity Issues The flexibility offered by the code makes the code itself somewhat complicated. While the permit application forms are straightforward, the number of options available to applicants can be overwhelming and is difficult to communicate in a clear, straightforward manner. Also, the code’s tree retention requirements (MMC 20.52.110) appear to have less prominence in the code compared to the performance standards and restoration requirements, despite retention being an important component of tree canopy preservation. The user guide (MMC Diagram 20.52.040) does not include a step that links work flow to tree retention requirements, nor do the permit application forms direct the application to account for retention. Eight of the 41 performance standard permits reviewed under this study retained fewer than 50 percent of the significant trees on site (one of the options for retention available to users). None of the submittal packages had accounted for which, if any, of the tree retention options in MMC 20.52.110 was in use by their project. This indicates that it may be difficult for the applicants to make the determination as to whether their project complies with one of the options for tree retention. Some clarification here would be helpful to both applicants and the City review. On the other hand, the permit application documents and the List of Suitable Tree Species provide helpful clarity on which trees and shrubs are defined as “significant” and thus subject to the code provisions. Where many other local codes use only trunk diameter to determine significance, the Tree Management Code (MMC 20.52.050) and the List of Suitable Tree Species refers to a list of exemptions and conditions that would exempt a tree from being designated as “significant.” Old arborvitae hedges, for example, are often individuals with trunks larger than six inches. The species is a tree, but the variety commonly found in Medina (and the Pacific Northwest) has been cultivated to have a very reduced and narrow canopy for use as a hedge. The List of Suitable Tree Species specifically exempts arborvitaes and any other trees used in a hedge type fashion. This helps eliminate a grey area between tree-like plants and cultivated tree species that do not provide significant canopy function, and trees that have the ability to contribute to the canopy as significant trees. The Watershed Company February 2017 Evaluation of Tree Management Code for the City of Medina 14 4 Conclusions 4.1 Maintaining the Existing Tree Canopy The City has seen a significant increase in tree removal permits since the adoption of the current code, with an overall tree replacement rate of approximately 50 percent (or 67 percent with the SR 520 project, which spanned both old and new code chapters). Estimates of tree canopy loss indicate that the rate of loss has slowed slightly relative to previous years. However, Tree Activity Permit data indicate that overall, large trees (e.g. Douglas fir, Western red cedar, Lombardy poplar) are being removed and replaced with smaller tree species (e.g. Hinoki Falsecypress and Shore pine). If this trend continues, current estimates of canopy loss likely underestimate the ultimate reduction in canopy resulting from tree activity under the new code. Importantly, if this trend continues, the current character of the city’s tree canopy will not be preserved in the long- term. Small modifications could be made within the existing framework of the code to improve its overall performance in preserving the city’s tree canopy. As expected, more trees were removed and fewer replaced using the performance standards under the code, relative to both restoration and right-of-way standards. Since more than half of all Tree Activity Permits submitted used performance standards, modifying the code to encourage more frequent use of the restoration standards could potentially lead to improved canopy retention. The data also suggest that residential properties could potentially support higher performance standards. 4.2 Usability The Tree Management Code generally functions well in implementation. While the code itself is necessarily complex, the permit forms complement the code well and help users navigate that complexity. The performance standard and restoration options give users significant choice in determining paths for tree removal. The tree replacement requirements are not overly burdensome and also offer significant flexibility with options including credit for existing on-site trees, off-site planting, and payment into the Medina Tree Fund. Overall, the code offers the opportunity for site-specific solutions that work best for each applicant’s property while ensuring adequate protection of the city’s tree canopy. 15 5 Recommendations Since the current Tree Management Code was implemented in July of 2015, the City staff has identified several opportunities for improvement. These were shared with The Watershed Company and are presented below. 5.1 Maintaining the Existing Tree Canopy MMC 20.52.010.B.1 states that it is the intent of the Tree Management Code to protect and preserve the existing tree canopy. Expand the Incentive for Planting Replacement Trees Under the current Tree Management Code, land designated as under development is subject to the performance standards in MMC 20.52.130. As noted previously in this study, most of the performance standards based permits involved removing trees without planting replacement trees. To encourage more tree replacement plantings, applicants should be allowed to choose between using performance standards or restoration standards provided the minimum performance standards are met when land is designated as under development. This revision, along with incentives that favor restoration, could potentially lead to increased use of restoration standards, which could in turn improve overall tree canopy replacement in the long-term. Reevaluate tree density ratios As described in section 2.2.2 above, the majority of properties submitting performance standards permits exceeded the minimum performance standards required for the property. The Overlake Golf Course, in particular, exceeded its performance standards by over 600 tree units (existing trees are 172.6 percent of required trees). Since the tree density ratios were based on existing canopy conditions, the discrepancy should have been minimal if the assumptions for the reference tree were accurate. However, the accuracy of the reference tree as applied to the golf course appears to be off, due at least in part to the soil conditions on the golf course, which cannot support the growth of trees to their full potential size. To correct for this discrepancy, the tree density ratio for the golf course, established at 0.15, should be increased to a ratio that will maintain the existing tree canopy in the long-term. A similar analysis should be performed for the SR 520 state highway right-of-way. Although it is unknown how accurate the reference tree was in predicting the number of existing trees before the project started, the number of replacement trees and other trees being planted will exceed the required tree density ratio of 0.12 by about 79 percent. Also, City staff should monitor replacement ratios on residential properties over time to determine whether the current ratio of 0.35 will be adequate to maintain the city’s canopy in the long-term. The Watershed Company February 2017 Evaluation of Tree Management Code for the City of Medina 16 Reevaluate Lost Public Benefit Rate for Right-of-Way Trees MMC 20.52.400.E.3 sets a contribution rate to the Medina Tree Fund of $25 per DBH inch of trees removed within City rights-of-way. Applicants can reduce their contribution by planting additional trees. In practice, most applicants choose to plant trees rather than pay into the fund. This is similar to behavior under the old tree code in which property owners would overplant their property. Because the $25 per DBH inch rate currently undervalues the lost public benefit significantly (calculated at $84 to $145 per DBH inch), increasing this dollar value could promote more replacement trees to be planted. 5.2 Usability The City of Medina 2009 Zoning and Permitting Study defines as one of its goals, “Look for opportunities to streamline permit processes to achieve better efficiencies by reducing time, cost, and effort while protecting neighboring property owners and the preservation of community character.” Provide Better Information on Tree Retention Requirements Land designated as under development is subject to the tree retention requirements in MMC 20.52.110. However, these tree retention requirements are not included on the City’s Tree Activity Permit application, and many applicants are unaware of them. Permit applications are reviewed by City staff, who flag proposed tree activities not meeting these retention requirements. However, to improve clarity and usability of the code, better information on these requirements should be called out in the application materials for Tree Activity Permits. Require Tree Activity Permits Only for Tree Removals Under the current code, any land designated as under development is required to obtain a Tree Activity Permit, whether or not trees are proposed for removal. This requirement was intended to ensure that all new development meets minimum performance standards. However, review of compliance with the tree performance standards can be incorporated into other construction permit reviews when no tree removal is proposed (a Tree Activity Permit is still needed where authorization for tree removal is necessary). This could reduce cost and paperwork for applicants and is consistent with the goals outlined for the Unified Development Code. Clarify Informal Planting Patterns MMC 20.52.410.B.5 requires that “trees shall be planted in an informal pattern to create a natural appearance.” In implementation, staff has found this provision to be overly vague and difficult to apply and enforce. Criteria should be developed to clarify its intent and improve usability. Additional Criteria for Removing a Right-of-Way Tree for Access MMC 20.52.400.D.6 allows tree removal in the right-of-way when it is necessary to provide vehicle access to a property. Most properties in Medina are already developed with driveways 17 for vehicle access. However, when properties redevelop, applicants often want to widen or move the driveway without giving consideration to the impact to trees in the right-of-way. Developing additional criteria on what the minimum standards are for access and when tree removal is necessary will better clarify the intent of this section of the code and improve its usability. JANUARY 10, (Tuesday) City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Presentation Bellevue Fire Chief Mark Risen Consent Agenda 12/12/2016 CC Minutes Consent Agenda December 2016, Check Register Consent Agenda City Manager Contract Amendment Public Hearing None Other Business City Council Calendar Sauerwein FEBRUARY 13, City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Executive Session RCW 42.30.140 (4) Labor Relations Presentations 20 Year Employee Service Award Police Officer of Year Award Consent Agenda 11/7/2016 Approved PB Minutes Consent Agenda 11/22 and 12/6 Approved PC Minutes Consent Agenda 01/09/2016 CC Minutes Consent Agenda Year-End and January 2017, Check Register Consent Agenda ETP Legislative Priorities Consent Agenda Receive PC Recommended Changes to the Noise Code Grumbach Consent Agenda Development Noise Consultant Contract Grumbach Consent Agenda Fee Schedule Amendment Grumbach Other Business Solid Waste/Recycling Franchise Discussion Sauerwein Other Business 2017 Planning Commission Work Program Grumbach Other Business Tree Code Follow-up Study Grumbach Other Business City Council Calendar Sauerwein FEBRUARY 27, City Council Study Session, CANCELLED Item Type Topic Presenter Council Action Topic MARCH 13, City Council Special & Regular Meeting, 7:30 pm Item Type Topic Presenter Council Action Study Session City Council Guidelines 5:00 - 7:00 PM Karen Reed Study Session Airport Issues 7:00 - 7:30 Allyson Jackson Presentation 25 Year Employee Service Award Presentation Consent Agenda Approved PB Minutes Consent Agenda Approved PC Minutes Consent Agenda 02/13/2017 CC Minutes MEDINA CITY COUNCIL 2017 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm, at City hall (unless noticed otherwise). AGENDA ITEM 10.4 Consent Agenda February 2017, Check Register Consent Agenda Receive PC Recommendation on Sign Consent Agenda Ordinance Repeal and Readopt Noise Reg Public Hearing Other Business Other Business Other Business Other Business Other Business Other Business City Council Calendar Sauerwein MARCH 27, City Council Study Session, Tentative Item Type Topic Presenter Council Action Topic APRIL 10, City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Executive Session Presentation Consent Agenda Approved PB Minutes Consent Agenda Approved PC Minutes Consent Agenda 03/13/2017 CC Minutes Consent Agenda March 2017, Check Register Consent Agenda Ordinance to Amend Sign Code Consent Agenda Consent Agenda Consent Agenda Consent Agenda Public Hearing Other Business Other Business Other Business Other Business City Council Calendar Sauerwein APRIL 24, City Council Study Session, TENTATIVE Item Type Topic Presenter Council Action Topic APRIL ?, City Council Retreat?, TENTATIVE Item Type Topic Presenter Council Action Topic Karen Reed MAY 8, City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Executive Session Presentation AGENDA ITEM 10.4 Consent Agenda Consent Agenda Approved PB Minutes Consent Agenda Approved PC Minutes Consent Agenda 04/10/2017 CC Minutes Consent Agenda April 2017, Check Register Consent Agenda Receipt of PC Recommendation and adopt New Noise Ordinance and Schedule PH Consent Agenda Consent Agenda Consent Agenda Consent Agenda Consent Agenda Consent Agenda Consent Agenda Consent Agenda Other Business Other Business Other Business Other Business City Council Calendar MAY 22, City Council Study Session, Tentative Item Type Topic Presenter Council Action Topic JUNE 12, City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Presentation Presentation Consent Agenda Approved PB Minutes Consent Agenda Approved PC Minutes Consent Agenda 05/08/2017 CC Minutes Consent Agenda May 2017, Check Register Consent Agenda Consent Agenda Consent Agenda Consent Agenda Public Hearing Draft CIP Osada Other Business Other Business City Council Calendar Sauerwein JUNE 26, City Council Study Session, TENTATIVE Item Type Topic Presenter Council Action Topic JULY 10, City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Executive Session AGENDA ITEM 10.4 Consent Agenda Approved PB Minutes Consent Agenda Approved PC Minutes Consent Agenda 06/12/2017 CC Minutes Consent Agenda June 2017, Check Register Consent Agenda Adoption of 2018-2023 CIP, TIP Osada Consent Agenda Consent Agenda Other Business Other Business Other Business City Council Calendar Sauerwein JULY 24, City Council Study Session, TENTATIVE Item Type Topic Presenter Council Action Topic AUGUST 14, City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Executive Session Presentation Consent Agenda PC Minutes 6/14 andn 6/28 Consent Agenda Consent Agenda July 2017, Check Register Consent Agenda Other Business Other Business Other Business AGENDA ITEM 10.4