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HomeMy WebLinkAbout10-14-1996 - MinutesMEDINA CITY COUNCIL REGULAR AND SPECIAL MEETING MINUTES October 14, 1996 Medina City Hall 7:00 PM 501 Evergreen Point Rd. SPECIAL MEETING A special meeting of the Medina City Council was convened by Mayor Taylor at 6:40 PM and adjourned to Executive Session to discuss labor negotiations with the City's labor representative, William Treverton. Present were Councilmembers Becker, Benz, Cory, Morgan, Potts, Ross and Mayor Taylor. Also present were Interim City Manager Woody Edvalson and City Attorney Kirk Wines. The session adjourned at 6:59 PM. REGULAR MEETING CALL TO ORDER: The regular meeting of the Medina City Council was called to order at 7:00 PM by Mayor Taylor. The Council meeting was recorded on audio tape. ROLL CALL: Present: Councilmembers Daniel Becker, Lynn Benz, Ray Cory, Thomas Morgan, Susan Potts, Grahame Ross and Mayor Dewey Taylor. City Staff Present: Interim City Manager Woody Edvalson, Police Chief Joe Race and City Attorney Kirk Wines. MINUTES OF PREVIOUS MEETING: Councilmember Cory moved to approve the minutes as submitted by the City Clerk for the regular Council meeting of September 9, 1996 and the special Council meeting of September 25, 1996. Councilmember Benz seconded the motion, which was approved unanimously. ANNOUNCEMENTS City Attorney Wines provided a brief history for the audience of the Council's actions dating back to February of 1996 regarding wireless communications facilities. He described how the Council passed a six month moratorium in order to work on some Medina City Council Minutes October 14, 1996 Page 2 zoning regulations. Presentations were made by representatives of the cellular industry to describe what they felt was needed in the City of Medina. A special planning consultant was retained by the City, actions by other cities were reviewed, and a zoning ordinance was adopted. Two applications, one by Sprint Spectrum and the other by USWest NewVector were made and heard under the provisions of the old ordinance. The Sprint Application was denied, the USWest application at St. Thomas Church was approved. GTE made application and was approved under the new ordinance for a second antenna site at the St. Thomas Church. The City has also been approached by a different type of cellular provider called Metricom using a small antenna repeater array technology. City Attorney Wines went into further detail to describe the existing ordinance. He noted that an issue raised at a recent Planning Commission meeting, one not heard much about from the residents at the time the hearings were proceeding for the ordinance adoption, was the health concern. He feels that the Federal Government has clearly pre-empted the field, ordering the Federal Communications Commission (FCC) to develop regulations that limit the ability of cities to regulate the siting or licensing of any facility based upon health concerns if they meet the federal regulations. The City has recognized a secondary concern that the perceived health risk could affect property values in the areas of some of the facilities. City Attorney Wines anticipates expert testimony to be offered at future hearings as to what impact this concern may have on properties. He feels that it is a legitimate concern for the Planning Commission to consider, but that it is only because of the tie to property values that the health impacts can be considered. He explained the relationship of the Planning Commission to the City Council, and their respective roles in terms of hearings and appeals. He recommended that no member of either body express strong opinions during the coming months concerning the issues, so as not to be perceived as having prejudged any application or appeal of a decision. Mayor Taylor announced the Council's intent to hold a public hearing to receive further public input on issues surrounding wireless communications facilities on October 28, 1996 at 7:00 PM. AUDIENCE PARTICIPATION Susan Lawrence, 822 Evergreen Point Road, spoke and presented a copy of her comments to the City Council. She is concerned that the proposed antenna at the Medina Store is not in compliance with the Medina Land Use Code nor the Comprehensive Plan, and that the variances granted to date are a grant of "special privilege." She requested that the City Council do three things, i.e., institute a moratorium on the issuance of any approval for structures which are not in strict conformance with the City Land Use Code, complete a city-wide plan for siting and use of commercial facilities by all providers of functionally equivalent communications services; and repeal, replace, or amend Ordinance No. 609 to be in conformance with the newly -developed city-wide plan and Section 704 of the Telecommunications Act of 1996, Washington State Law and the City Code and Comprehensive Plan. Medina City Council Minutes October 14, 1996 Page 3 Susie Marglin, 2623 Evergreen Point Road, reported that in 1992 an outside group did a study and provided recommendations for Fairweather Nature Preserve. They reported that the variety of flora and fauna was declining due in large part to the Himalayan blackberry and the arboreal ivy. She asks that the Council consider allocating some funds for the north end of town and for use in beginning the recommended work in Fairweather Preserve. Ron Santi, 7842 NE 8th Street, submitted a packet of information regarding the effects of microwave radiation to the Council. He continued by suggesting that the Council did not have to take the federal law at face value until the validity of that law has been upheld by the US Supreme Court. He expressed his belief that the wireless facility applicants have misrepresented information relating to health impacts. He voiced concern that there were serious conflicts of interest within the City's elected and appointed officials. He reported that there was a petition circulating with over 200 signatures of residents stating their concerns, objections and hopes for action. He asked that all previously issued permits be rescinded because of deficiencies and defects in the process. He asked that a new moratorium be implemented, that power densities be reduced for sites in Medina within 750' of homes and schools at the least, that the City require environmental impact statements, make any permits issued conditional so that they may be revoked any time after two years based on changes in federal law. He concluded his presentation with quotes from various documents and publications. Arthur Dietrich, 707 Overlake Drive East, offered congratulations to the City Council for their work this year to adopt Ordinance No. 609. He noted that the public participation was very minimal during the workshops and hearings. He encouraged the public to be involved and make comments while the work on ordinances was in process. Councilmember Morgan asked that those submitting information to the City Council provide their name and address with a complete citation for the document, so the document can receive appropriate consideration and the Council can address questions to those submitting the information. PUBLIC HEARINGS ORDINANCE NO. 612 - AN ORDINANCE REGULATING SOLICITING OF PRIVATE RESIDENCES WITHIN THE CITY OF MEDINA. City Attorney Wines provided the background for this ordinance, explaining that it was the result of several complaints received about solicitors approaching homes in the dark hours, and concerns about recent solicitation scams in the greater Seattle area. He explained that the ordinance was modeled after a recent ordinance adopted in Hunts Point. He had tried to make it as comprehensive as possible. The Council discussed the ordinance, a majority expressing concern about the requirement to even register youth from local schools and churches. By common consent, the Council directed the City Attorney to revise the Ordinance by incorporating Medina City Council Minutes October 14, 1996 Page 4 the hours of 10:00 AM to 7:00 PM as a limitation to the existing ordinance treating solicitation. ORDINANCE NO.613 - AN ORDINANCE RESTRICTING AIRCRAFT LANDINGS AND TAKE OFFS AND REQUIRING PERMITS THEREFORE. Bob Hamilton, resident of Vashon Island, Vice President of the International Seaplane Pilots Association, submitted a letter to the Mayor and City Attorney Wines summarizing the points of his presentation. He expressed his opinion that the ordinance appeared to have been written to deal with helicopters, and that the seaplane portion was added as an afterthought. He asked that the City receive input from the Pilots Association. He stated that the City had no jurisdictional rights beyond the mean high water line and that there was federal law treating some of the points in the ordinance. He requested that the City consult with the Washington Seaplane Pilots Association before moving further with this legislation. He offered the City a compromise, whereby the Association would offer its educational services and newsletter to exert pressure on its members to conform to a reasonable ordinance, if the City would allow pilots to base their planes above the mean high water line in Medina. Mike Lunenschloss, 18305 SE Newport Way, Issaquah, WA, 98027, and President of the Washington State Seaplane Pilots Association, (206) 641-6808, noted that his association was really for safety purposes and that the pilots were really a professional group. He said that the group necessarily had a war chest to pursue litigation. He said that they would sue the City if this ordinance were adopted. He advised that generally the complaints are related to one neighbor having concerns about another neighbor. He cited a seaplane case in Yarrow Point where a judgment was rendered against the City in the amount of $61,000. He offered the services of the Association to work with the Council to develop responsible and reasonable legislation. Charles Simonyi, 111 84th Avenue NE, objected to the advance notice requirements of the ordinance, noted that the flight safety precautions included in the ordinance were redundant to federal regulations, and offered that as a shoreline resident he was not disturbed at all by the seaplanes flying in and out of the lake. Bill Gates, 647 Evergreen Point Road, noted that he has used seaplanes from time to time from his residence and would plan on continuing to do so in the future. He was amazed that there were any substantial complaints against seaplanes. He does not believe that there is a need for this legislation, and believes that it infringes on his right to use his property, that it is a valuable use to the property, and can be done in such a way as to not interfere with anyone else in the City. Peter LaHaye, 801 Evergreen Point Road, is upset by the proposed ordinance. He has an approved permit for his float plane, and has owned one for about 10 years. He said that when asked the police department reported no complaints during the past year. He believed there was no need for the legislation. Mary Ellen Denman, 1851 Evergreen Point Road, said she did not object to seaplanes, but felt that there should be some regulation of the hours for helicopter use in residential areas. Medina City Council Minutes October 14, 1996 Page 5 City Attorney Wines offered to the Council that he had prepared the ordinance in response to complaints that had been received about helicopters and seaplanes making too much noise. He said that he had made it as comprehensive as possible and may have been beyond the scope intended by the Council. Councilmember Morgan cited an example of noise where he has observed 2 to 4 take offs and landings in Fairweather Cove each day. He noted that the Cove is only 200 ft. across. Mr. Lunenschloss said that he would recommend to his members that there be no take offs in Fairweather Cove as a matter of courtesy. He said that they had made similar agreements in Cozy Cove. City Attorney Wines said that he would review the proposed ordinance to take into account the information received this evening. The City Council took no further action. ORDINANCE NO. 614 - AN ORDINANCE AMENDING MEDINA MUNICIPAL CODE SECTION 17 24 010 AND 17 28 010 TO ADD NEW PROVISIONS REQUIRING INCREASED SIDE YARD SET BACKS FOR LARGER LOTS, ADDING ADDITIONAL SIDE YARD SET BACK RESTRICTIONS FOR TWO OR MORE STORY RESIDENCES AND DECREASING THE PERCENTAGE OF LOT COVERAGE ALLOWED AS THE SIZE OF THE YARD INCREASES By common consent the Council tabled discussion of this ordinance until their regular meeting in November. Councilmember Potts requested that a member of the Planning Commission be present to assist with the explanation of the ordinance. DISCUSSION RECOMMENDATIONS FOR ACTION IN AREA OF 77TH, 78TH AND 79TH AVENUES NE AND NE 22ND STREET - COUNCIL PUBLIC SAFETY COMMITTEE Councilmember Ross, Chairman of the Public Safety Committee, reported that the Committee had met and felt that it was important to talk to the people effected by any actions undertaken in the neighborhood. A survey was proposed to include possible remedies and cost sharing options. The action representing the lowest level of possible conflict would be the one recommended to the City Council. The Public Safety Committee would work to select a consultant to prepare an un-biased survey. Councilmember Becker moved that $3,000 be appropriated to hire a consultant to prepare the survey, tally and provide an analysis of the results. Councilmember Morgan offered a second to the motion. All were in favor of the motion. Walter Scott, 2077 77th Avenue NE, was concerned that discussion of cost sharing for the work would be a strong disincentive to neighbors to approve of any remedial action in the area. He asked if the City had charged in other areas of the City for safety improvements. Medina City Council Minutes October 14, 1996 Page 6 COUNCIL DIRECTION - 80TH AVENUE NE DRAINAGE PROJECT Interim City Manager Edvalson reviewed the course of events associated with the drainage project on 80th Ave. NE. He explained that the staff had sought input from the Town of Hunts Point and their residents, and felt that their reasonable concerns had been addressed. He noted that a letter addressed to the City from Hunts Point had requested a meeting of the two mayors to discuss the issue. He recommended that if there were no substantive changes that resulted from the Mayors' discussion of the issue, that staff be instructed to go to bid on the project, and that the hydroseeding for the project be done without delay. Mayor Taylor agreed to meet with Mayor Eade of Hunts Point to discuss any continuing concerns. Councilmember Morgan felt there was a concern for the safety of lost drivers in the area. He suggested that some kind of barrier or hedge be incorporated into the landscaping to slow down errant drivers. By common consent the Council instructed staff to go to bid on the project and to separate out the hydroseeding for installation as soon as possible. PARK BOARD RECOMMENDATION ON OVERLAKE PEDESTRIAN PATH AND MEDINA BEACH PARK PROJECTS Commissioner Martha Woodman was present from the Park Board to provide input to the Council on the Overlake Pedestrian Path and Medina Beach Park projects. Linnea Ferrell of the Berger Partnership provided an overview of the proposed projects. Councilmembers Becker and Morgan expressed concern that the neighbors immediately adjacent to the beach park project may not be aware of the proposed project. They asked staff to send information to the neighbors attention. At the conclusion of discussion on the Medina Beach Park project, Mayor Taylor excused himself from the meeting and turned the gavel over to Mayor Pro Tern Potts. After further discussion on the pedestrian path project, the Council asked that they be provided copies of the conceptual plans and projected costs for review of both projects. Sam Evans, 8106 Overlake Drive, expressed his feeling that the pedestrian path project was a step backwards for Medina. He felt it would detract from the City's rural atmosphere. He was concerned that the visual effect would be to widen the street, which would promote higher speeds. Wilma Edmonds, 7721 NE 24th Street, asked that the plans be left available in the Council chambers for review by interested residents. APPOINTMENT OF CITY COUNCILMEMBER AS EX-OFFICIO PARK BOARD COMMISSIONER Interim City Manager Edvalson reported that the Park Board had requested that the Council appoint one of the Councilmembers as an Ex-Officio Commission member as was provided for by the Medina Municipal Code. The Board felt it would enhance the Medina City Council Minutes October 14, 1996 Page 7 communication between the Board and the Council. Councilmember Morgan volunteered to fill the position for the Council, and agreed to report back to the Council on his experience. REVIEW OF BUS ROUTE CLOSURES - SPECIAL COUNCIL COMMITTEE Councilmember Becker reported on the community meeting held to discuss regional transportation issues. He described attendance at the October 7 meeting as very poor. He further reported that Metro reported only 60 per day boardings on the 253 bus route between Bellevue Square and SR520. Individual riders report that the number is greater. Councilmember Becker requested that a letter be written asking Metro to do a recount of ridership on the 253 route between the Bellevue Transit Center and SR520. The Council agreed by common consent to promote such a letter. COUNCIL DIRECTION FOR 1997 BUDGET PRIORITIES Interim City Manager Edvalson presented the proposed budget calendar for adoption of the 1997 budget. After review of the dates, the Council approved the budget calendar, amending the starting time for the Council Workshop on October 30 to 6:00 PM. Edvalson also presented a request by the Points Communities for the Council to reconsider their decision to not fund a set -aside for the LEOFF I retiree medical expenses as negotiated between the Communities with the City of Bellevue. The Council reiterated their opinion that this was not a legitimate expense under the current contract, and that the issue could be negotiated under a new contract for fire services beyond the year 1997. Due to the lateness of the hour, the Council deferred discussion of Council priorities to their Budget Workshop. STAFF REPORTS Finance Report and Claims Councilmember Morgan moved the approval of September warrants Nos. 9713 - 9799, excluding Nos. 9723 and 9791 which were void, for a total amount of $115,420.21. He also moved the approval of September personnel warrants 14969 - 15020 and 814890, 914890 and 914949 in the total amount of $70, 335.55. Councilmember Becker seconded the motion. All were in favor. Police Department Police Chief Race reported that the City had been reimbursed through the insurance authority for the damage done to the jet skis. Medina City Council Minutes October 14, 1996 Page 8 NEW BUSINESS BUILDING STANDARDS Mayor Pro Tern Potts said that it had been reported to her that builder's in Medina were being held to a new and unreasonable standard due to the Gates development. City Attorney Wines responded that the Building Official is only enforcing the 1994 Building Code, which is currently in effect. RESOLUTION OF PROPERTY OWNERSHIP City Attorney Wines reported that the Krengel's, 103 84th Avenue NE, had initiated a conversation with the City indicating that they would like to clear up a question of ownership between themselves and the City regarding property at the southern end of 84th Avenue NE. He asked whether or not the Council would like the Park Board to study the issue and make recommendations as to what property rights the City should preserve and what uses it may have in the future. After brief discussion, the Council directed the City Attorney to return with a description of the City's position before a further decision on potential use is made. ADJOURNMENT At 10:32 PM, Councilmember Becker moved that the meeting be adjourned. Councilmember Benz seconded the motion. The motion passed unanimously. rwood T. Edvalson, City Clerk