Loading...
HomeMy WebLinkAbout10-28-1996 - MinutesMEDINA CITY COUNCIL SPECIAL MEETING MINUTES October 28, 1996 Medina Elementary School 7:00 PM 8001 NE 8th Street CALL TO ORDER: The special meeting of the Medina City Council was called to order at 7:05 PM by Mayor Taylor. Councilmembers Present: Daniel Becker, Ray Cory, Thomas Morgan, Susan Potts and Mayor Taylor Staff Present: Interim City Manager Woody Edvalson and City Attorney Kirk Wines Absent: Councilmembers Lynn Benz and Grahame Ross PUBLIC HEARING WIRELESS COMMUNICATIONS FACILITIES Mayor Taylor opened the meeting with a brief history of the City's actions regarding wireless communications facilities in Medina. He indicated that the Council had previously imposed a moratorium while it studied the impacts of new legislation regarding telecommunications. He felt that the Council had done what was prudent and what would stand scrutiny before the courts. He suggested that the Council was open to suggestions for amendment of Municipal Ordinance No. 609 if suggestions could be made that would fit within the federal guidelines regulating the telecommunications industry. City Attorney Wines explained that the Council may hear appeals of Planning Commission decisions regarding wireless communications facilities (WCFs). He cautioned the City Council not to react or respond to the testimony this evening, so that they would be able to sit as an impartial body if called upon to hear an appeal. Mayor Taylor invited the public to speak. Susan Lawrence, 822 Evergreen Point Road, asked that the Council reinstate its moratorium for a period of six months to consider information either not available to the Council at the time or that was not brought to the Council's attention when Ordinance No. 609 was adopted. She complained that the provisions of Ordinance No. 609 may Medina City Council Minutes October 28, 1996 Page 2 amount to spot zoning. She further asked that the Ordinance be revised to consider the cumulative visual and health effects of WCFs, that the City hire an independent consulting engineer to testify at each applicant's hearing as to the need of the facility to service the area and to conduct all required testing under the ordinance, that the City sponsor a citizens group to keep abreast of the latest developments in the telecommunications industry which would impact the City's ordinances, that the City require proof of insurance from the landowner sufficient to cover potential damage from an antenna or tower, and that the applicant be required to show a local demand for the technology to justify its necessity. In addition to a copy of her comments, she submitted additional documentation for the Council's consideration. Wendy Lister, Associate Broker and Vice President of Coldwell Banker Bain Associates, 150 Bellevue Way SE, Bellevue, WA, urged the Council to maintain Medina's enchantment because it is a tangible asset to the City's homeowners. She explained that a perception of health risks on a property in the market would have a negative impact on the sale of that property. She provided a hypothetical example of two homes of equal value, one of which was located next to a cellular antenna. She offered that common sense would dictate that the home not cited next to an antenna would be the home of first choice for buyers. She said she had no tangible figures to offer that would provide a percentage of devaluation of impacted properties. She could however testify that she had had prospective buyers reject homes in favor of other properties because of a perceived unknown in regards to towers, power lines and health risks. She urged the Council to find alternatives to siting towers in the middle of a residential community. Councilmember Morgan asked Ms. Lister if she could provide the names of people dissuaded from purchasing properties because of their fear of possible radiation problems. She said that she probably could remember some specific names. Noelle Taber, 838 Evergreen Point Road, thanked the Council for their foresight in trying to get a handle on cell towers in the community. She asked that the Council address the perceived health risk impacts on property values, allow the use of City parks and properties for citing towers, hire an independent inspector to review the industry's applications and test results, and adopt a moratorium while these concerns are being addressed. Bob Adamonis, 824 Evergreen Point Road, commented that he moved to this area because there were no high tech intrusions in the area. He asked that the Council look at the negative property value impacts of cell towers, and retain an independent inspector in its permitting process. He asked that the Council look at the health impacts a little more closely, and that a moratorium be adopted while the issues are studied in more detail. Ron Santi, 7842 NE 8th Street, thanked the Council and residents for the work done so far. He asked that the Council and Planning Commission do the following: 1. Amend Ordinance No. 609; 2. Place a moratorium on new and existing applications; 3. Challenge the constitutionality of 1996 Telecommunications Act health preemption; Medina City Council Minutes October 28, 1996 Page 3 4. Review the California Public Utilities Commission recommendations of 1995 advising against placement of microwave cellular sites next to schools and hospitals; 5. Use the City's police powers to protect the communities health, safety and welfare; 6. Require by ordinance that microwave transmitters be 750 ft. away from schools and residences; 7. Implement the "Cobbs Protocol" through independent testing to establish baseline environmental readings to compare the impacts of WCFs; 8. Ensure that emissions from multiple antenna sites remain within the code, to include routine monitoring of neighborhoods for hot spots; 9. Form a citizen advisory committee to assist in maintaining an informed and accountable city government; 10. Prohibit the granting of special use permits to microwave transmitters an all residentially zoned properties' 11. Amend the Ordinance to provide for the removal of ground transmitters when technologically feasible alternatives exist; 12. Explain in greater detail in the Medina Newsletter all notifications regarding anything that impacts health, safety, welfare and property values of Medina residents; 13. Investigate all conflicts of interest among Council or Planning Commission members and reverse decisions where real or perceived conflicts exist; 14. Retroactively revoke Ordinance No. 569 and applications thereunder due to conflicts of interest. Mr. Santi provided a petition with the names and addresses of individuals opposed to the location of transmitting antennas in close proximity to schools, playgrounds and residences. He also submitted other written material for the Council's review. Lyn Elsasser, 7655 NE 10th Street, felt that not challenging the health impacts of WCFs was ludicrous. He believes there are definite impacts on property values in association with WCFs. He asks what the future potential will be on those who have pacemakers such as himself. He does not want Medina to become known as the antenna farm of the Pacific Northwest. He, too, asked the Council to impose a moratorium to further consider the issues. Orvil Roetman, 848 Evergreen Point Road, asked the Council to implement a moratorium to study the issues. He asked that Ordinance 609 be revised to clarify Section 7A(4)-- what does "impact the service in the City" mean? In Section 10C there was no provision for insurance by the applicant or property owner to cover liabilities associated with WCFs. Section 1 OF seems to allow the brokering of antenna sites in the City. In addition to those mentioned by other speakers, he asked that the Council look at these issues. He opposes any application for a transmitting tower at the green store. Milton Ashley, 2404 79th Avenue NE, commented that cell towers were an eyesore in a community. He said his concerns were purely aesthetic. Charles Pember, 7617 NE 8th Street, noted that the TCI tower was never properly screened as promised. He asked how other towers would be screened as well. He opposed any un-screened application. Medina City Council Minutes October 28, 1996 Page 4 Mick Larkin, 632 Evergreen Point Road, asked why it should seem that the Council and residents are adversaries on this issue. He felt that the Council should consider suing the federal government and consider the impacts on property values. He said that the Council should not ignore the health impacts of WCFs. Susan Lawrence, 822 Evergreen Point Road, felt that the Council should do more to collect information rather than relying on the residents to expend funds to gather it. She reminded the Council that the store and Chevron stations were allowed to operate through conditional use permit, that the underlying zoning is still residential. In response to a question from Councilmember Becker regarding the re -imposition of a moratorium verses a new moratorium, City Attorney Wines replied that if an emergency condition exists the Council can start a moratorium at any time not to exceed six months. Upon proper findings, a moratorium can be extended for another six months. COUNCIL ACTION Councilmember Cory moved that a new six month moratorium be adopted to review the effects on other residential properties that might be close to the sites that have been designated as cellular sites. He felt that there was enough information furnished that it should be reviewed for three to six months. Councilmember Becker offered a second to the motion. All were in favor. PUBLIC COMMENT (CON'T.) M.L. Kellogg, 7653 NE 10th Street, also spoke concerning the imposition of spot zoning. She asked the City to consider developing an association of cities that would challenge the legality of the FCC rulings and the Telecommunications Act. She enumerated a number of perceived conflicts by Councilmembers and Planning Commission members and suggested that approved applications should be overturned. Colin Radford, 3663 Fairweather Lane, said he was one of a number of representatives of the St. Thomas Church who had come to listen to the community input out of concern for the community. He said that there were two leases signed for the property. He offered access to information, advice from non-affiliated attorneys, etc. which the City may be able to use in its deliberations on the issues. John McCaslin, 2209 290th Ave. NE, Carnation, WA, said that he lived near Tolt Hill in Carnation. He said that he had a 15,000 watt cellular tower placed within 500 ft. of his home, causing headaches and ringing in his ears. He says that he has had to vacate the property. He'd like to see the constitutionality of not allowing health effects to be considered in applications. Ron Santi, 7842 NE 8th Street, said that the Church at St. Thomas and the City were subject to misrepresentations by the cellular industry and the representations of consulting engineers from the industry. He said that the Church had not considered the information supplied by his group of concerned residents, and therefore appeared disingenuous about its concern for the community. Medina City Council Minutes October 28, 1996 Page 5 Peter Jorgensen, 7815 NE 28th Street, said that the 520 corridor was not a solution to siting cell towers, particularly for all those residents adjacent to the freeway. He said that the two antennas currently installed at the Bellevue Christian School and in the 520 right-of-way were the subject of numerous complaints before the Planning Commission when approved. He said that the carrier with the antenna on the school never fulfilled its promises to Planning Commission and neighborhood. The lease holder is the school district, and it should not be considered that the school district has a great concern about these towers. Ron Santi, 7842 NE 8th Street, encouraged the Council and citizens to stay together as a community on this issue. He added that if possible, the City should be served from outside the community so that the community is not divided over the issue. City Attorney Kirk Wines, advised that if any of the public is interested in the hearing before the Planning Commission on the Sprint application at the St. Thomas Church, then they should attend the hearing tomorrow night. He said that the Planning Commission, as a result of the moratorium would not be able to issue a special use permit. They would, however, be able to take evidence unless Sprint wanted to pull their application off the table until a new ordinance is in place. He said the hearing might very well be held tomorrow. Those interested in the application should be at the Planning Commission meeting tomorrow. Councilmember Morgan asked that those of the public who may have factual instances of lost property value as the result of perceived or real health concerns over the location of cellular towers provide such information to the Council for consideration. ADJOURNMENT With no response to requests for additional public comment, Mayor Taylor adjourned the meeting by common consent of the City Council at 8:45 PM. Dewey Taylor, Mayo arwood T. Edvalson, City Clerk