Loading...
HomeMy WebLinkAbout12-09-1996 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES December 9, 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 Pro Tern Potts. The Council meeting was recorded on audio tape. ROLL CALL: Present: Councilmembers Daniel Becker, Lynn Benz, Ray Cory, Grahame Ross and Mayor Pro Tern Susan Potts. Councilmember Thomas Morgan arrived several minutes after the roll call, during the announcements. Absent: Mayor Dewey Taylor City Staff Present: City Manager Doug Schulze, City Clerk Woody Edvalson, Police Chief Joe Race, City Attorney Kirk Wines and City Engineer Greg Hill. Consultants Jay Hummel and Linnea Ferrell arrived at approximately 8:00 PM. ANNOUNCEMENTS: Mayor Pro Tern Potts invited the audience to participate in the annual Giving Tree donation program for needy children. She encouraged those participating to include a paperback book along with the requested gift. MINUTES OF PREVIOUS MEETING: Councilmember Cory moved to approve the minutes from the regular Council meeting of November 12, 1996. The motion was seconded by Councilmember Ross. All were in favor of the motion. Councilmember Cory also moved to approve the minutes from the Budget Public Hearing held on November 20, 1996. Councilmember Ross seconded the motion. Again, all were in favor. Councilmember Becker asked that the minutes be revised to reflect the Council's direction at the Budget Public Hearing to drop the utility tax rate to zero, and to maintain the tax levy rate at the same level as last year. There was general consensus with that request. Medina City Council Minutes December 9, 1996 Page 2 AUDIENCE PARTICIPATION There were no members of the audience wishing to speak on topics other than those on the agenda. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS PUBLIC HEARING - 77TH AVENUE SPEED HUMPS Skip Voorhees, 3430 Evergreen Point Road, felt that speed bumps would be effective at reducing speeds in various places throughout the City, such as, Evergreen Point Road. Andy Sharp, 1801 77th Ave. NE, suggested using the radar wagons that take pictures of speeders. He asked if greater enforcement might not solve the problem as well. He objected to paying $150 for speed bumps. Paul Willingham, 1660 77th Ave NE, felt that speed humps were an overkill for the problem. He said they were not attractive, nor needed. He said that he had originally signed the petition, but had not anticipated that there would be an expense associated with it. Helen Argus, 2056 77th Ave NE, saying that she was speaking for Janice Todd as well, objected to the imposition of speed humps. She said it would be the residents who must suffer daily. She pointed out that there was no history of reported accidents. She was concerned that speed humps would attract children to play on them. She objected to paying for speed humps, and wanted the opportunity to vote on the issue. She said that she had signed the original petition, but felt intimidated into so doing. Brad Pratt, 2232 78th Ave. NE, said that he had observed specific vehicles speeding in the neighborhood and believed that they were both those going to and coming from the Country Club and those living in the neighborhood. He felt that speed humps would preserve the quality of life in the neighborhood and would protect the children. Chief Joe Race encouraged residents to note license plate numbers and report potential infractions to the police department. He said that even though there may not be enough evidence to issue a citation, the City would send a warning letter asking for observance of speed limits. He added that unfortunately no matter what measures were taken, enforcement analysis shows that between 5 to 7% of drivers will exceed the speed limit. Barbara Cole, 2033 77th Ave. NE, said that she had noticed a decrease in the number of speeders since the installation of speed limit signs on the street. She wanted to be on record that she opposed speed humps or bumps. ML Kellogg, 7653 NE 10th, said that she was aware of having exceeded the speed limit on 77th Ave. She suggested that Medina should develop a reputation of strict enforcement of speed limits like Clyde Hill. She felt that would be a definite deterrent. Medina City Council Minutes December 9, 1996 Page 3 Patrick Hill, 2235 79th Ave. NE, reported that many times as a youth growing up on 77th Ave. he had almost been hit by speeding motorists. He said that he now lived on 79th Ave. and was concerned for the safety of his own children. He said that speed controls were definitely needed on 79th and 77th Avenues. Ron Santi, 7842 NE 10th, suggested that 77th Ave. could be designated an enhanced traffic zone like a construction zone where fines are doubled or tripled. He noted that he had requested speed bumps in all school zones. Winifred Middleton, 1637 77th Ave. NE, complained that speed bumps or humps were hard on cars. She asked that the issue be put to a vote before any authorization for spending was given. She suggested that parents had a responsibility to keep their children out of the street. Lorrie Brustkern, 2012 77th Ave. NE, said that speed bumps, a street closure or some other form of traffic control are required on the street. She said that people's objections must be a cost issue. She reported that a neighbor across the street had lost a mail box to a speeding driver. Karen Scott, 2022 77th Ave. NE, reminded the Council that a majority of the residents in the area had signed the petition. She said that the speed humps would not hurt cars. She said that neither she nor her neighbors allowed their children to play in the street. Skip Voorhees, 3430 Evergreen Point Road, said that this was a quality of life issue. He noted that many of the trails previously available to circulate off-street had been fenced across on private property forcing the children into the street to get around town. Helen Argus, 2056 77th Ave. NE, suggested that the City should pay for speed humps. She also volunteered to watch for speeders, operate a radar gun in good weather, and report those who failed to make complete stops at stop signs. Ron Santi, 7842 NE 8th St., suggested landscaped islands to restrict and slow the traffic flow. Susan Lawrence, 822 Evergreen Point Road, said that speed was a concern all over town. She said that the speed humps should be installed at City cost. She said that the visual impacts to the street of speed humps should be considered less than their potential to protect children. Gail Pratt, 79th Ave. NE, said that her street was used for cut-thru traffic. She said it would only take an accident with one child to make the City regret not taking action now. Walter Scott, 2022 77th Ave. NE, asked about planned expenditures for the Overlake Pedestrian Path. He asked if it was planned to charge adjacent property owners for those improvements. He said that based on the overwhelming testimony and petition, it was evident that speed is a problem on 77th Ave. He said that speed humps were a small solution that should be paid though the City's taxes. He asked that the Council vote on the issue, allowing the public to see where each councilmember stands. Medina City Council Minutes December 9, 1996 Page 4 Roger Barbee, 1687 77th Ave. NE, asked the Council if they had considered his suggestions. He asked if they would investigate the effectiveness of installing a no right turn onto 77th Ave. from NE 16th St. and a no left turn from NE 22nd Street onto 77th Ave. Mayor Pro Tern Potts closed the public comment portion of the hearing. The Council discussed various options, considering costs and resident voting on the issue. After hearing comments from each Councilmember, Councilmember Cory moved that a no right turn sign be installed on NE 16th St. and a no left turn sign be placed on NE 22nd St. restricting access to 77th Ave. NE. Councilmember Benz seconded the motion. Councilmember Ross asked that the sign on 22nd St. be eliminated reasoning that much of the traffic's speed was from descending the hill from its elevation at the 16th St. end of 77th Ave. Councilmembers Cory and Benz agreed to the amendment. All members were in favor of the amended motion. Mayor Pro Tern Potts said that the sign would be tested for several months. If it was unsuccessful, the neighbors were invited to discuss other solutions. Councilmember Morgan encouraged residents to report speeders. PUBLIC HEARING - RESOLUTION NO. 243 - CONTINUATION OF MORATORIUM ON SPECIAL USE PERMITS REGARDING WIRELESS COMMUNICATIONS FACILITIES. City Attorney Wines said that the City Council would consider all past comments as well as tonight's comments in their deliberations. He suggested that there was no need to reiterate past testimony. He advised the Council not to comment on the Sprint appeals so there would be no appearance of having Councilmembers pre -judge the issues. He said that action on Resolution No. 243 was required by law if the Council wished to continue the moratorium for the six month period. Mayor Pro Tem Susan Potts opened the public hearing reminding the audience that there was no need to reiterate previous testimony. She encouraged all those who wished to add new testimony or discuss new topics regarding the moratorium to come forward. Susan Lawrence, 822 Evergreen Point Road, asked if she could pose some questions. Would the public be allowed to participate in future Council hearings on revisions to Ordinance No. 609, and would the Council please discuss selection of the appeal dates for the Sprint appeals. She also asked if it might be a special meeting, rather than being added to the normally full Council agendas. City Attorney Wines responded that the Council's deliberations on any revisions to Ordinance No. 609 would be open to the public. He also said there would undoubtedly be opportunity for public testimony at a public hearing before any ordinance revisions were adopted. Ron Santi, 7842 NE 8th St., said that he supported Ms. Lawrence's comments. Rusty Roetman, 848 Evergreen Point Road, asked how the appeals would work. Medina City Council Minutes December 9, 1996 Page 5 At Mayor Pro Tem Potts invitation, City Attorney Wines provided a brief explanation of the appeals process. He noted that there were two appeals filed by Sprint. One dealt with the Sprint Application at St. Thomas Church and the other with the use of the TCI tower adjacent to the Medina Store. He said that because of the reconsideration filed by Ms. Lawrence and Ms. Kellogg the Sprint appeal on the St. Thomas application would be held in abeyance until the Planning Commission process was completed. The appeal hearing would include briefs from both sides of the issue. There would be oral arguments made, but no testimony taken. He said that opponents to the application for appeal may also present arguments, which would mean there may be three groups represented, i.e., Sprint, the City and a citizen's group. He said that arguments must be limited to the record. He proposed returning to the Council with ground rules for the hearing, e.g., time limits for arguments, limits for length of briefs, the date of the hearing, etc. Councilmember Morgan asked if the Council would be able to ask questions of those presenting the arguments. The response from the City Attorney was yes. Councilmembers Cory and Morgan reported issues that felt may disqualify them from participating in the appeal hearing. Councilmember Cory informed the Council that he was a member of St. Thomas Church and also represented Mr. Frost who was one of the underlying property owners of the TCI tower site. Councilmember Morgan reported that his 401 K stock portfolio was heavily invested in telecommunications stocks. A question was raised on the impact of conflicts of interest or conflicts in appearance of fairness on the ability of the Council to retain a quorum for consideration of the appeals. City Attorney Wines responded that there was a difference between actual conflicts of interest and conflicts with the appearance of fairness doctrine. For conflicts with the appearance of fairness doctrine, if a quorum of the Council cannot be seated, then the conflicts are thrown -out and the Council would be re -qualified. If a quorum cannot be seated due to actual conflicts of interest, then the Council would have to go to some form of appointed alternates to serve for the appeal hearings. Susan Lawrence, 822 Evergreen Point Road, asked what appeal process is available if the Council overturns the Planning Commission decision. City Attorney Wines responded that an appeal would then go directly to Superior Court. When asked if the briefs would be made available. He responded that they would be available after they had been filed with the City. Ron Santi, 7842 NE 8th Street, asked if a representative of the community would be provided a free transcript of the record to date. City Attorney Wines responded that the citizens group interested in this appeal should select one representative to whom he could provide information. Councilmember Morgan asked the City Attorney to clarify whether or not Councilmembers should engage in discussions regarding the appeals. Mr. Wines responded that the Council should not engage in any discussions regarding the appeals prior to the hearing. He said that past communications on the issue were not material, however, now that an appeal had been filed adherence to the appearance of fairness doctrine was important. Medina City Council Minutes December 9, 1996 Page 6 At the conclusion of Council discussion, Mayor Pro Tern Potts asked for a motion to reaffirm the moratorium. Councilmember Morgan noted for the record that he and the other Councilmembers had seen and considered the letter from Sprint asking the Council to repeal the moratorium. Councilmember Cory moved to reaffirm the moratorium keeping it in force for the six month period by adopting Resolution No. 243 along with the findings of fact associated with the resolution. Councilmember Morgan seconded the motion. All were in favor. At 9:05 PM, Mayor Pro Tern Potts called for a 10 minute break. The meeting resumed at 9:15 PM. FINAL PUBLIC HEARING 1997 BUDGET MEDINA BEACH PARK EXPANSION PROJECT Consulting Landscape Architect Linnea Ferrell presented several schemes for the City Council to consider on a re -arrangement of parking for the Medina Beach Park Expansion Project. After some discussion and by common consent, the Council selected Scheme Number One, which placed the police parking to the front of City Hall, and located the 15 minute Customer Parking opposite City Hall on the expansion property. This would give the Police Department reasonable access to their vehicles, while opening up greater areas along the waterfront property for passive park uses. The Council also directed that employee parking be moved to the north end of the parking lot to allow greater customer access to City Hall and the beach. DISCUSSION AWARD OF CONTRACT - NE 18TH STREET AND 80TH AVENUE NE In order to use consultant time more efficiently, Mayor Pro Tern Potts reordered the agenda to allow Engineering Consultant Jay Hummel to present the bids on the landscaping for NE 18th Street and 80th Avenue NE. Mr. Hummel described the bid process, noting that the City received three bids. The lowest apparent bidder was Performance Landscape Co. at $11,286.80. Mr. Hummel reported that the City's soils engineers on the project suggested that the City wait until the conclusion of the rainy season before replanting at the 18th St. slide site. He said that replanting would open holes in the protective geo-grid, and may allow slope destabilization. He suggested that the City wait until Spring of 1997 before proceeding with the landscaping. City Manager Schulze reported on a recent meeting with representatives and residents of Hunts Point regarding the 80th Ave NE drainage project. He said that the project opponents articulated three safety concerns. They were primarily concerned about the depth of flow and turbulence in the open system during heavy rains, the exposed rip rap during dry periods, and the sharp exposed edge of the street along its west side. He said that they had reported wet crawl spaces in the homes directly across from the Medina City Council Minutes December 9, 1996 Page 7 project and standing water which had not previously been a problem. He said that he would meet with them again to discuss the outcome of the Medina Council meeting. 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 Notice of a public hearing for this issue was printed in the newspaper. Because of the attention required by recent wireless communications developments, the City Attorney's Office had not completed the work to revise the ordinance and recommended that the Council open the public hearing and continue it to a date certain. Mayor Pro Tem Potts opened the public hearing. Councilmember Becker moved that the hearing be continued to the next regular meeting of the City Council on January 13, 1997. Councilmember Ross seconded the motion. All were in favor. FINAL PUBLIC HEARING 1997 BUDGET City Manager Schulze provided a summary of revenues and expenditures for the 1997 budget. He noted that the Council had directed staff to maintain the tax levy rate at the same level as the previous year and to reduce the Business and Occupation Tax to 0%. ORDINANCE NO. 616- ADOPTING A BUDGET FOR THE YEAR 1997 Members of the City Council commended staff's preparation of the budget. Councilmember Morgan moved the approval of Ordinance No. 616 adopting the 1997 budget for the City of Medina. Councilmember Becker seconded the motion. Approval was unanimous. ORDINANCE NO. 615 - CHANGING THE NAME OF THE CONTINGENCY AND RESERVE FUND TO RESERVES FUND Councilmember Cory moved the approval of Ordinance No. 615. Councilmember Becker made the second to the motion. All were in favor. ORDINANCE NO 617 - ESTABLISHING THE GENERAL TAX LEVY FOR 1997 Councilmember Cory made a motion to approve Ordinance No. 617. Councilmember Becker seconded the motion. The motion was approved by a unanimous vote of the Council. Medina City Council Minutes December 9, 1996 Page 8 STAFF REPORTS Finance Report Councilmember Morgan moved the approval of November warrants Nos. 9888 - 9965, excluding voided warrant 9963 totaling $265,229.68. He then moved the approval of November personnel warrants - 15071 through 15120 for a total of $74,959.87. The motion was seconded by Councilmember Cory. Approval was unanimous. Police Department Police Chief Race reported that during the year the City had experienced only six burglaries. He also reported the occurrence of three traffic accidents in the area over the weekend. The Council discussed the traffic on 84th Ave. NE. Councilmember Ross suggested that the on ramp toward Seattle be modified to allow the Bus/Transport lane to be used as a diamond lane entrance to SR520. The Council also discussed the narrowing and congesting of 84th Ave. NE as a result of the bike lane. Mayor Pro Tern Potts asked that the topic be discussed at a Mayor's Breakfast. The results would then be given to the Public Safety Committee for further investigation and review. Councilmember Morgan expressed his disgust with the Washington Department of Transportation. He reminded the Council that the WTP had proposed to put in quiet pavement as a benefit to residents in Medina and Montlake. He had a letter from the WTP to representatives of the Montlake area that said it would now not be possible to put in quiet pavement for a variety of reasons. His conclusion was that the promise of quiet pavement had been a ploy used to garner support. Chief Race concluded his report by mentioning the hiring of Officer Knott, a former sergeant with Pacific Police Department, to replace departing Officer David Temple. OTHER/NEW BUSINESS LOBBYIST FOR STATE LEGISLATIVE SESSION Councilmember Benz expressed concerns that the State Legislature would have many representatives of the wireless communications interests lobbying them with the potential for little input from cities like Medina. City Attorney Wines mentioned that the Association of Washington Cities was keenly aware of this issue and would be lobbying on behalf of the cities, but he encouraged Councilmembers with personal contacts to speak to those legislators. Councilmember Morgan suggested that Medina's state legislators would be at a Suburban Cities meeting on Dec. 11. He encouraged one of the Council to attend and make the City's concerns known. City Manager Schulze reported that the Mayor's had discussed this topic at their last breakfast meeting. He said that most cities seem to be focusing on regulating the cities Medina City Council Minutes December 9, 1996 Page 9 rights -of way. He was concerned that the interest may not be there to defend the cause of "residential communities" like Medina. By consensus, the Council gave authority to the City Manager to expend up to $5,000 in retaining a legislative lobbyist to monitor and report on issues of importance to Medina. GOAL -SETTING WORKSHOP City Manager Schulze asked for some input concerning the level of interest in a goal - setting session early in 1997. By consensus, the Council agreed to hold such a session to include the Council and the City Manager. The City Council asked City Manager Schulze to research available facilitators. It was agreed that one session would suffice starting at 5:00 PM, to be held at City Hall. LETTER OF APPRECIATION TO DAN BRAY Councilmember Becker asked that staff prepare a letter to Mr. Bray thanking him for making the City aware that a grant of $5,000 was available from the State to small cities like Medina for transportation/pedestrian safety related projects. The Council directed Councilmember Bray to get with City Manager Schulze to discuss such a letter. ZONING OF SR520 Councilmember Becker suggested that the Planning Commission be directed to begin consideration of adopting an underlying zoning designation for the SR520 right-of-way where it goes through Medina. TAXING OF WIRELESS COMMUNICATIONS FACILITIES SITES Councilmember Becker suggested that City Manager Schulze be directed to explore ways of taxing the cell sites. One would be an annual fixed fee. The other would be a variable fee. The Council gave its support to this direction. ORDINANCES ORDINANCE NO. 618 - AN ORDINANCE AMENDING MEDINA MUNICIPAL CODE SECTION 5.04.030 TO REDUCE THE BUSINESS AND OCCUPATION TAXES COMMONLY KNOWN AS UTILITY TAXES AND FRANCHISE FEES, FROM 3.5% TO 00/0. City Attorney Wines read the language of the proposed ordinance to the Council with an effective date of February 1, 1997. Councilmember Cory moved approval of the ordinance. Councilmember Becker seconded the motion. All were in favor of adoption of the ordinance. Medina City Council Minutes December 9, 1996 Page 10 EXECUTIVE SESSION At 11:05 PM, Mayor Pro Tern Potts announced a 5 minute executive session to consider personnel matters with the City Manager. ADJOURNMENT At 11:15 PM, the City Council reconvened the open session and adjourned the regular Council meeting by common consent. Susan Potts, Mayor Pro Tern Attest: 4 an&" rwood T. Edvalson, City Clerk