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HomeMy WebLinkAbout11-12-1996 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES November 12, 1996 Medina City Hall 7:00 PM 501 Evergreen Point Rd. 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, Susan Potts, Grahame Ross and Mayor Dewey Taylor. Councilmember Morgan arrived several minutes after the roll call was conducted, during the public discussion on Resolution No. 242. City Staff Present: City Manager Doug Schulze, City Clerk Woody Edvalson, Police Chief Joe Race and City Attorney Kirk Wines. City Engineer Greg Hill arrived at approximately 8:00 PM. ANNOUNCEMENTS: Mayor Taylor welcomed Medina's new City Manager, Doug Schulze. Councilmember Potts added that he was selected from numerous applicants. She said the Council was glad to have him, and believed he would be an asset to the City. MINUTES OF PREVIOUS MEETING: Councilmember Potts moved to approve the minutes from the regular Council meeting of October 14, 1996 and the special Council meeting of October 28, 1996. Councilmember Cory seconded the motion, which was approved unanimously. AUDIENCE PARTICIPATION Susie Marglin, 2623 Evergreen Point Road, expressed concern over the Pedestrian Path project proposed for Overlake Drive. She felt it to be a luxury at this time. She said there were numerous areas in the City which need attention. She spoke in favor of spending tax dollars on the improvement of Fairweather Park to take out the ivy and blackberries that are strangling out the park. Jack Reynolds, 2206 76th Ave. NE, commented that there are often people walking in the middle of Evergreen Point Road. He said this was particularly dangerous at night as Medina City Council Minutes November 12, 1996 Page 2 they tended to wear dark clothing. He asked if more enforcement might be effective in getting people back onto the sidewalk. ORDINANCES AND RESOLUTIONS RESOLUTION NO. 242 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, IMPOSING A MORATORIUM UPON THE ISSUANCE OF SPECIAL USE PERMITS FOR COMMUNICATION FACILITIES. Jack Reynolds, 2206 76th Ave. NE, reminded the City Council that the City was incorporated with and has maintained strict control over the businesses allowed in the City. He noted that the City had denied apartment buildings and supermarkets. He asked if it was possible for only one cellular tower to be permitted, with other providers to collocate on that one tower. Barbara Friele, 1013 84th Ave. NE, noted that the existing businesses in Medina have had difficulty in getting changes approved. She was concerned for the safety of children attending schools near cellular facilities, for the impact on property values of residences, and for the appearance of the City with multiple towers. Colin Radford, 3663 Fairweather Lane, a Vestry member of St. Thomas Church, reported that at a meeting of the Vestry Board the previous night, the Board had taken action to limit the number of antennas at St. Thomas Church. The Church would allow no more than three, i.e., two of approximately 10 Watts and one of approximately 150 Watts. ML Kellogg, 7653 NE 10th, asked about the continuing tax status of St. Thomas Church. Mayor Taylor and City Attorney Wines replied that it was a topic outside of the City's purview. In additional comments, Ms. Kellogg noted that applications were not allowed to be submitted and reviewed in other nearby jurisdictions adopting moratoriums. She asked why Medina's moratorium should be different. City Attorney Wines responded that the redrafted version of the Council's moratorium was proposed to be placed on the accepting and processing special use permit applications and on the issuance of special use permits. He said this would keep applicants from establishing vested rights under the current ordinance. He said it may place the City in a more tenuous legal position, but that other jurisdictions had recently done the same. Ms. Kellogg said that she had heard that Bellevue was placing all wireless communication facilities underground. Councilmember Becker responded that it was associated with traffic control and had nothing to do with cellular communications. Acting upon a request made prior to the meeting, Mayor Taylor read into the record a letter from Susan Lawrence, 822 Evergreen Point Road, asking for specific language in the City's moratorium to stop the acceptance and processing of applications for wireless communications facilities. Medina City Council Minutes November 12, 1996 Page 3 Ron Santi, 7842 NE 8th St., added his support to the letter from Ms. Lawrence, that the word moratorium would have a plain meaning, i.e., no applications, no votes , no planning process. He felt that to do otherwise would be a disservice to those residents who made a special effort to be heard at the Council's special meeting on October 28. He reported that there may be irregularities in the reporting of cellular companies when filing applications for sites in Medina and Clyde Hill. He was concerned that they may be purposely not reporting neighboring service sites from which Medina might be adequately served. Mr. Santi asked if this was the appropriate time to submit proposed changes to the existing ordinance. Mayor Taylor responded that there would be further opportunity to provide such information to the Council during the moratorium period. He invited written comment if prepared. Skip Voorhees, 3430 Evergreen Point Road, asked to address proposed Ordinance No. 614. He felt that the issue should be the footprint of the house in relationship to the overall size of the lot. He indicated a house north of his where the owner built a home. He said that during the process of construction, the owner removed all of the side yard growth. He felt the City must address what is done with the land. He said that the sense of community is being lost in the City, the sense of tranquillity which originally attracted so many people to the community. Wilma Edmonds, 7721 NE 24th St., expressed concern over the lack of informed readers of the Medina Newsletter. She cited the example of the previous moratorium which she covered in the Citizen's Corner of the Newsletter in the spring. She asked for input as to how to make people aware of the important issues being discussed by the City Council. She cited the poor attendance regarding Ordinance No. 614 as another example of uninformed readers. She expected a large outcry from the citizens if the ordinance was adopted in its current form. City Attorney Wines summarized the revised moratorium, explaining the findings and reviewing the work program which the Council would conduct during the moratorium period. He noted that the City would seek an opinion from the Attorney General to verify whether or not Cities are pre-empted from requiring stricter standards regarding microwave/energy emissions and medical concerns with respect to wireless communications facilities. The City Clerk is to schedule a public hearing within 60 days, where the Council must make findings in order to continue the moratorium beyond the initial 60 days. He expressed a hope that the City Council would modify the language of the moratorium to allow the two current Sprint Spectrum applications to go forward under their appropriate ordinances because of their vested status. The City Council discussed the language and intent of the resolution. Councilmember Potts asked if alternative sites to the grocery store, such as City Hall, could be made available to the providers at this point. City Attorney Wines suggested that staff could explore alternatives with the providers at this time if they wanted to delay their permits. Otherwise, it was probably too late, unless an application were denied by the Planning Commission or by the City Council on appeal. Medina City Council Minutes November 12, 1996 Page 4 Ron Santi, 7842 NE 8th St., suggested that the City would have no leverage with the cellular providers if exceptions were made to the resolution. He questioned when the application was finally complete, noting a 15 day notification period following notice of a complete application. City Attorney Wines responded that the notice was deemed complete on November 6. ML Kellogg, 7653 NE 10th St., asked if there was a necessity to speak of alternative sites at this point. She asked why the City didn't first require them to prove a necessity to locate in the City. She also asked if the City might purchase the Medina Store and condemn the existing tower. Her final question asked whether or not the City was aware that other communities had successfully blocked the location of cell towers based on the exclusively residential nature of the community. Mayor Taylor responded that there had been no discussion regarding purchase of the Medina store, and that the City would look into the latter issue. After further Council discussion, Councilmember Cory asked City Attorney Wines to recommend language to amend the intent of the moratorium to allow the existing applications to go forward. City Attorney Wines suggested another paragraph at the end which would state, "Resolved that this moratorium will not apply to any applications that were filed and or deemed to be substantially complete prior to the effective date of the moratorium." Councilmember Cory moved the approval of the latest draft of Resolution No. 242 dated November 12, adding on the language just recommended by the City Attorney. Councilmember Potts provided a second to the motion. Councilmember Becker offered an amendment to the resolution deleting the word substantially' from City Attorney Wines recommended language, and modifying the first paragraph of the resolution to read,"...a moratorium upon acceptance and processing of applications and issuance of special use permits for communication facilities." Councilmember Cory seconded the amendment. Approval of the amendment was unanimous. A vote on the amended motion was also unanimous. Noting the number of items remaining on the agenda, the Council declined discussion of revisions to Ordinance No. 609 at that time. City Attorney Wines reported that he was working to find an appraiser who would try and quantify some of the concerns about impact on property values of residences adjacent to cellular facilities. After some discussion, the Council came to a consensus to obtain an expert opinion at this point, and pay for a more detailed analysis as required at a later date. ORDINANCE NO. 612 - AN ORDINANCE REGULATING SOLICITING OF PRIVATE RESIDENCES WITHIN THE CITY OF MEDINA. City Attorney Wines provided a staff report summarizing changes in the ordinance. The misdemeanor penalty was changed to a civil infraction with a civil penalty. The hours were limited to 10:00 AM to 7:00 PM. Anyone that wants to solicit for the sale of goods must first speak to the police department. The Police Department is empowered to establish registration requirements. The registration requirement does not apply to the solicitation of charitable contributions. Medina City Council Minutes November 12, 1996 Page 5 Councilmember Cory moved the approval of Ordinance No. 612. Councilmember Potts seconded the motion. All were in favor. STAFF REPORTS Public Works Mayor Taylor reordered the agenda to discuss the public works items involving the City's consultants. Jay Hummel of Hedges and Roth Engineering discussed the most recent draft of improvements and anticipated costs for the Medina Beach Park Expansion and Overlake Pedestrian Path projects. The Council discussed various aspects of the projects and determined to have the City Council Public Works Committee meet to refine the scope and timing of the projects. Councilmembers Benz and Potts asked that the parks budget include funds for the improvement and maintenance of Fairweather Nature Preserve. Councilmember Becker moved that the City appropriate up to $8,000 to proceed with the asbestos survey and abatement for the house to be removed from the Medina Beach Park expansion property. Councilmember Cory seconded the motion. Approval was unanimous. City Manager Schulze was directed to arrange a meeting of the Public Works Committee. City Engineer Greg Hill reviewed the direction given by Council to prepare a letter and preliminary layout for speed humps and a response card to be sent to residents in the area of 77th Ave. NE. He outlined the actions he had taken, and noted that Councilmember Cory had presented for Council consideration an alternate letter to the residents in the area. He reported that the lowest estimate for installation of three speed humps that he had received was $6600, not including any fees or permits. Councilmember Cory recommended that the communication to the residents include a description of a speed hump, what area would be covered, and a cross section and diagram of proposed locations. The Council agreed that rather than send a survey asking for responses, residents should be directed to send written comments on the proposal and/or participate in a public hearing at a Council meeting. Further Council discussion brought consensus that a cost of between $150 - $200 should be mentioned in the letter as a potential assessment against property owners, that the number of humps should be reduced to two, and that the City Manager should write the letter and mail it to residents. A public hearing on the topic was to be held at the next Council meeting. ORDINANCES AND RESOLUTIONS 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 Medina City Council Minutes November 12, 1996 Page 6 City Attorney Wines noted that the City had not yet published notice of a public hearing on the ordinance, which was required before the Council could amend the zoning code. He also noted that Councilmember Morgan had provided valuable input for clarification and improvements to the ordinance that had not yet been incorporated. He also reported that the current draft of the ordinance included an error in section two. He suggested that it may be better to hear from the people that came to talk about the ordinance, bring back a cleaned -up draft incorporating some of Councilmember Morgan's suggestions and additional recommendations by City Planner Bob Burke. Councilmember Becker asked that definitions be given to clarify the intent of the terms original grade, finish grade and roof proper. Paul Saad, 7644 NE 8th St., explained that the City's Building Official requires that builders show original grade by demonstrating the lowest point where the foundation intersects the ground, and that it be verified with a soils engineer. He said that the Building Official interprets the definition consistently throughout the City. He commented further on some of the ordinance's pros and cons offering some insight as to the Planning Commission's intent. Councilmember Morgan reported seeing a number of examples of homes built before the City's incorporation that altered the grade and that in subsequent remodeling have been allowed to substitute the altered grade for original grade. He supported incorporation of strict definitions into the ordinance. He also suggested that considerations of sideyard setbacks should consider fire hazard concerns. Councilmember Ross added that the ordinance should be simplified. Mayor Taylor asked for volunteers from the Council to form a committee to further study this ordinance and make recommendations to the Council. Councilmembers Benz, Cory and Potts volunteered. City Attorney Wines agreed to redraft the ordinance for the committee's review based on the comments received. DISCUSSION DRAFT AGREEMENT FROM WASHINGTON SEAPLANE PILOT'S ASSOCIATION City Attorney Wines provided some background and discussion on the draft agreement. After some discussion, the Council came to a consensus to take no action to approve the agreement or further pursue some regulating ordinance. It was felt that good public education and communication had been successful so far in resolving individual concerns. Wilma Edmonds, 7721 NE 24th St., agreed with the Council that no specific action was required. She suggested that a phone call to the pilot's association referencing specific complaints would result in corrective action by the association's members. Medina City Council Minutes November 12, 1996 Page 7 STREET LIGHTING HARDWARE STANDARD FOR COMMUNITY City Clerk Edvalson described a situation where a street light had been installed for safety reasons to light an intersection, but the City had received complaints from neighbors about light in their bedrooms. City staff had directed that several panes of the light be blacked out in an effort to respond to the concerns about excess light. Now the City was receiving complaints from other neighbors that the light was ineffective. The police department had viewed the intersection at night and felt the current lighting inadequate. City Clerk Edvalson recommended that the Council approve for use in these situations a "cobra -head" style of light fixture that would shine principally downward rather than outward. By common consent the Council agreed to test such a light at the intersection described at 84th Ave NE and NE 7th St. In a related situation where conflicting complaints had been received about a street light at the end of 73rd Ave. NE, Council directed the City Manager to resolve the conflict. STAFF REPORTS Finance Report After brief review of the warrants by the Council, Councilmember Morgan moved the approval of October warrants Nos. 9800 - 9887, excluding the voided warrants numbered 9801, 9833, 9841, 9844 and 9859, for a total amount of $187,106.03. He also moved the approval of October personnel warrants - 15021 through 15046, 15049 through 15070 in the amount of $73,269.50. Warrants 15047 and 15048 were void. Councilmember Cory seconded the motion. All were in favor. Police Department Police Chief Race encouraged residents to wear reflective clothing when walking or jogging in the streets. He also encouraged residents or business people in Medina to report suspicious circumstances as soon as they are noticed. He gave the example of a recent jewelry theft in Bellevue where the suspects apparently had strayed into Medina looking for access to SR 520. If the suspicious persons had been reported immediately, rather than an hour later, there would have been a better chance for them to be apprehended. NEW BUSINESS STATE LEGISLATION REGARDING TELECOMMUNICATIONS Councilmember Morgan suggested that the City make use of the Suburban Cities Association to bring a coalition together to protect the cities' rights before the state legislature. Mayor Taylor agreed to speak with the other Points Communities mayors and particularly Mayor Eade of Hunts Point who is the President of the Suburban Cities this year. Medina City Council Minutes November 12, 1996 Page 8 DELIVERY OF COUNCIL AGENDA PACKETS Councilmember Benz asked that the Council be given their agenda packets earlier in the week before the Council meeting. City Manager Schulze agreed to provide the packets a day earlier, Wednesday of the week before the Council meeting. SUPPORT FOR WSDOT MAINTENANCE FOR FOUNTAINS IN LAKE WASHINGTON Mayor Taylor reported that he had been approached by Frank Pattison asking for Council support of a request to the Washington State Department of Transportation to maintain the fountains at the west end of the Evergreen Point floating bridge. Mayor Taylor said that he had drafted a letter and wished to have the Council's approval for its signature. The Council approved the signature by common consent. EASTSIDE TRANSPORTATION PARTNERSHIP STUDY OF SR520 Councilmember Becker reported that at a recent ETP meeting there was discussion regarding a study of SR520 and what solutions may exist. He said there would probably be workshops starting in the Spring or Summer of 1997 regarding the issue. WSDOT would probably fund the study. He said that he would keep the Council apprised of further developments. AUDIENCE PARTICIPATION Wilma Edmonds, 7721 NE 24th St., described a situation where she felt that the City had not used its consultants wisely. Having received a complaint from her neighbor, the City had used its landscape consultant to verify the continued probability that trees established in groves on the Edmonds property would remain standing during stormy periods. She felt that this survey of her trees was an unnecessary expense on the City's part. She encouraged the City Manager to monitor more closely the expenditure of the City's funds on consultants. EXECUTIVE SESSION At 10:15 PM, Mayor Taylor announced a 15 minute executive session to consider personnel matters with the City Manager. ADJOURNMENT At 10:40 PM, the City Council adjourned the meeting by common consent. Dewey L. Taylor, Ma or 1 Harwood T. Edvalson, City Clerk