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HomeMy WebLinkAbout05-12-1997 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES May 12, 1997 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, Thomas Morgan, Grahame Ross and Mayor Pro Tern Susan Potts. Absent: Mayor Dewey Taylor. City Staff Present: City Manager Doug Schulze, Police Chief Joe Race, City Attorney Kirk Wines, Planning Consultant Bob Burke, Asst. City Mgr./City Clerk Woody Edvalson MINUTES OF PREVIOUS MEETING: Councilmember Cory moved to approve the minutes from the April 14, 1997 meeting. Councilmember Benz seconded the motion. All were in favor. ANNOUNCEMENTS: Mayor Pro Tern Potts reminded the audience about the Medina Elementary School Walk-A-Thon fund raising event on May 16. City Manager Schulze informed the Council that TCI of Washington, Inc. would be back on the June agenda. He mentioned that several reports had been requested from the cable franchise operator, but that they had not yet been filed. AUDIENCE PARTICIPATION No one from the audience stood to address the Council on items not already listed on the Council agenda. Medina City Council Minutes May 12, 1997 Page 2 STAFF REPORTS FINANCE REPORT Chairman of the Council Finance Committee, Councilmember Morgan, moved the approval of April finance warrants numbered 10304 to 10378 totaling $97,782.70. He also moved the approval of April personnel warrants numbered 15327 to 15370 in the amount of $70,116.69. Councilmember Benz seconded the motion. All were in favor. POLICE DEPARTMENT Police Chief Race reported that the recent crime report included a typographical error indicating a residential burglary, which was in reality a cellular phone stolen from a vehicle. He also reported that the Medina Police Department had been involved with the security provisions for Vice President Gore's visit in Medina at the request of the U.S. Secret Service. The cost was approximately $474 in overtime which was in addition to regular work hours for the chief, sergeant and other officers on regular duty. DISCUSSION AWARD OF CONTRACTS Medina Beach Park - City Manager Schulze and Engineering Consultant Jay Hummel gave a brief overview of the project, why it was re -bid and the bids submitted. They recommended that the Council award Schedule A and reject the sole bid on Schedule B. The apparent low bidder on Schedule A was Kemper Construction at $128, 880.80. The Council briefly discussed the history of the Medina Beach Expansion Project and the timing alternatives to the work originally included in Schedule B. Councilmember Becker moved that Schedule A of the contract be awarded to Kemper Construction in the amount of $128,880.80. Councilmember Cory made the second. The motion passed unanimously. 80th Ave. NE and 18th St. Landscaping - City consultant Jay Hummel explained that the apparent low bidder had withdrawn their bid under the bid rules having made an error in computations. The new apparent low bidder was Berrio Landscape with a bid of 7,050. Mr. Hummel suggested that the City could save additional money on the contract by having the contractor delay planting until September. The City Council discussed the possibility of deleting the watering requirement on both 80th Ave. and 18th St. They decided to go ahead with the planting on 80th Ave. without the amount for watering in the contract. City staff could provide whatever watering was necessary on the site. They also determined to delay the planting on 18th St. until September, which would also allow the watering at this site to be deleted. The total savings to the City would be $1,875. Medina City Council Minutes May 12, 1997 Page 3 Councilmember Cory moved to award the contract to Berrio Landscaping in the amount of $7,050 seeking credit for elimination of the provisions for watering, and delaying planting on 18th St. until September. The adjusted amount was $5,175. Councilmember Benz seconded the motion. All were in favor. 80th Ave. NE Drainage Contract Amendment - Engineering Consultant Jay Hummel described the need for some repair work to be done to a storm drain under 84th Ave. NE. He proposed that the City amend its existing contract for work being done to the storm drain on 80th Ave. NE. The contractor, Bonner Brothers Construction, Inc., had agreed to the amendment and was willing to do the work for $7,450. The City would save time and money by writing a change order to the existing contract. Councilmember Morgan made a motion to authorize a change order to add the 84th Ave. NE storm sewer replacement to the 80th Ave. Storm Sewer contract with Bonner Construction in the amount of $7,450. Councilmember Becker provided a second to the motion. The affirmative vote was unanimous. ORDINANCES ORDINANCE NO. 625 - AN ORDINANCE AUTHORIZING A TRANSFER OF FUNDS FROM THE RESERVES FUND TO THE CITY STREET FUND IN THE 1997 BUDGET FOR THE PURPOSE OF REPAIRING STORM DRAIN FACILITIES IN 84TH AVENUE NE. City Manager Schulze asked the Council to adopt the ordinance which would allow the City to move monies from its Reserves Fund to its City Street Fund to pay for the storm drain repair discussed previously. Councilmember Cory moved the adoption of Ordinance No. 625 in the amount of $8,000. Councilmember Morgan seconded the motion. All were in favor. ORDINANCE NO. 623 - AN ORDINANCE ADOPTING REGULATIONS FOR SITING OF WIRELESS COMMUNICATIONS FACILITIES. City Attorney Wines introduced the ordinance, reminding the Council to refer to the most recent draft mailed to them. Councilmember Becker asked that additional copies of the most recent draft be made. By common consent, the Council tabled the item until copies could be made. ORDINANCE NO. 624 - AN ORDINANCE ESTABLISHING A NEIGHBORHOOD CHARACTER PRESERVATION DISTRICT WITHIN AN EXISTING R-16 ZONING DISTRICT, IMPOSING A TWENTY FOOT HEIGHT LIMITATION AND PRESERVING ALL OTHER LIMITATIONS IMPOSED IN R-16 DISTRICTS. City Attorney Wines described the background of the ordinance and the long period of consideration that had preceded the latest draft. He noted that approximately 80 percent of the residents in the area actively supported the provisions of the ordinance. Medina City Council Minutes May 12, 1997 Page 4 He explained that the only change affecting the proposed area is the imposition of a 20 foot height limit, whereas the rest of the R-16 zone would be left at 25 feet. At the Council's request for comment, Planning Consultant Bob Burke explained that he had walked the area with neighborhood representatives, looked at the slope and lot configurations and was satisfied that the 5 ft. reduction in height worked well within the boundaries of the proposed district. Patricia Flug, 8743 Overlake Drive W., voiced concern about a home in Medina Heights that she believed had been raised 5-7 feet above original grade. She asked if the ordinance addressed these circumstances. Both Council and staff responded that if there is any question about original grade, a test boring is required to determine the amount of fill on the property. Gary Corbet, 8405 NE 7th St., expressed concern about the inability to reconstruct homes to the existing height if they currently exceed 20 feet. The Council discussed an amendment to the ordinance that would allow a property owner to rebuild or reconstruct a home to the same footprint or envelope that had been occupied before adoption of the ordinance without going through the variance process. The Council tabled this item until later in the meeting, when City Attorney Wines could draft the required language. ORDINANCE NO. 623 - AN ORDINANCE ADOPTING REGULATIONS FOR SITING OF WIRELESS COMMUNICATIONS FACILITIES. City Attorney Wines explained that during the past month, the planning commission had had an opportunity to review the draft ordinance and that recommended changes had been incorporated in the draft currently before the Council. He identified several portions of the preamble that he felt were important for the Council to review. The first noted that the ordinance presumes the City has been pre-empted in its ability to regulate radio frequency transmissions and in the placement of facilities based on health concerns related to radio frequency emissions. This ordinance was designed to supplement Ordinance No. 609 in addressing new citizen concerns that came out later about the visual impacts of these facilities. The next item was that current technology had eliminated the need for panel antennas, as exhibited by the installations at and near St. Thomas Church. He continued by describing the significant additions of the new ordinance. Susan Lawrence, 822 Evergreen Point Road, asked that Clyde Hill be approached about limiting the number of antennas allowed to be located on the Clyde Hill side of 84th Ave. NE. The Council debated whether or not to maintain the proposed 500 foot setback from residential properties, or to allow for siting of antennas within Medina along 84th Ave. NE. On a 3-2 vote, Councilmembers Ross and Becker dissenting, the Council decided to retain the 500 ft. setback from all residential properties. Medina City Council Minutes May 12, 1997 Page 5 City Attorney Wines reviewed the rest of the new provisions of Ordinance No. 623. The Council continued its general discussion. Ron Santi, 7842 NE 8th St., reported that Auburn had just adopted a moratorium. He expressed concern about the ability of applicants in Medina to apply for a variance to the 500 ft. setback. He cautioned the City not to open the door to variances from the ordinance. He also announced that the U.S. Justice Department was investigating the cellular carriers for bid rigging and anti-trust violations with respect to the frequency auctions. Susan Lawrence, 822 Evergreen Point Road, also asked that the City accept no variance applications. She requested that the City add a requirement that each carrier provide a map with each existing and potential site within a five mile area. She announced a meeting with Senators Gorton and Murray with citizens from across the state on May 27 to address the burden that the Telecommunications act has placed on private residents. She invited the Council's participation. City Attorney Wines suggested that language be added to the ordinance to allow the City Manager to develop appropriate application forms to disclose both existing and planned facilities within a five mile radius, and such further information that from time to time either the staff or planning commission indicate would be of substantial use in evaluating the applications. The Council gave their approval by common consent. Greg Anderson, Western Wireless Communications, offered several corrections to the proposed ordinance which the Council discussed. Ron Santi, 7842 NE 8th St., again advised the City to not consider variance applications, warning about claims of discrimination from other carriers if a variance is granted. Susan Lawrence, 822 Evergreen Point Road, expressed her opinion that the FCC standards for exposure to cellular radio frequencies were set much to high. Greg Anderson, Western Wireless, questioned the language used to justify adoption of an emergency ordinance. City Attorney Wines explained that the language was according to the standard required by state law for adoption of an emergency ordinance. At the conclusion of the Council discussion, Councilmember Becker moved that Ordinance No. 623 be adopted as amended by the Council discussion and direction. Councilmember Cory made the second to the motion. Approval was unanimous from the six councilmembers present. BREAK Mayor Pro Tem Susan Potts ordered a 5 minute break in the Council meeting from 9:45 to 9:50 PM. Medina City Council Minutes May 12, 1997 Page 6 DISCUSSION SR520 LETTER City Manager Schulze introduced a letter drafted by Mitch Wasserman, City Administrator of Clyde Hill, clarifying the language of a previous draft and modifying the five points brought out at the public meeting in Clyde Hill regarding the Trans -Lake Washington Study. Among the described changes was a statement that all four Points Communities should be participants in any eventual state organization relating to the proposed study. He stated that the letter would be sent to the Transportation Committee. Councilmember Becker added that the Committee was meeting this week, and that the letter should be sent right away. At his suggestion, the Council directed that a paragraph be added asking the Committee to consider including the impacts of Interstates 405 and 5. PUGET SOUND ENERGY TREE REMOVAL City Manager Schulze reported that Puget Sound Energy had contacted property owners regarding removal or trimming of the trees on a list previously provided to the Council. He added that the topic was before the Council because of the goal setting session held last month. The Council had indicated an interest in undergrounding of utilities. He was concerned that a blanket approval to remove trees in the right-of-way would leave the rights -of -way bare after the undergrounding was complete. The City Council touched on previous problems that they've had with Puget Power and tree trimming . The Council indicated their preference that appropriate pruning would be allowed, i.e., 3 feet below the lowest line, but that no trees be removed in the City right- of-way without City approval. ORDINANCES ORDINANCE NO. 624 - AN ORDINANCE ESTABLISHING A NEIGHBORHOOD CHARACTER PRESERVATION DISTRICT WITHIN AN EXISTING R-16 ZONING DISTRICT, IMPOSING A TWENTY FOOT HEIGHT LIMITATION AND PRESERVING ALL OTHER LIMITATIONS IMPOSED IN R-16 DISTRICTS. The City Council continued discussion centered around the ability of property owners to build or rebuild to the envelope in existence at the time this ordinance is adopted. Rodney Bindon, 8424 NE 6th St., was concerned about the ability of new property owners or contractors to build to the previous footprint, that the rights of existing residents superseded those of any new residents. City Planner Bob Burke said that he supported the concept of simple language allowing for a rebuild or construction to the same roof form, footprint, etc. The Council majority supported the following ordinance language offered by City Attorney Wines: new Medina City Council Minutes May 12, 1997 Page 7 subsection B to Section 5 would say that such a structure may be rebuilt to the same or a lessor building footprint, height, bulk, setback and roof form without a variance. Dick Hansen, 443 86th Ave. NE, asked that the Council support the citizen committee that had worked so hard on developing an acceptable concept, and do nothing that would encourage the construction of more flat -roofed homes in the area. Councilmember Becker moved that Ordinance No. 624 as amended by City Attorney Wines' language be adopted. Councilmember Cory seconded the motion. All were in favor except Councilmember Benz, who registered a nay vote. RDINANCE NO. 623 - AN ORDINANCE ADOPTING REGULATIONS FOR SITING OF WIRELESS COMMUNICATIONS FACILITIES. City Attorney Wines indicated that he had left out some important language in the ordinance, specifically Section 3, which is part of Section 4 Ordinance 609, should eliminate the words "above original grade" from subsection a of Section 4 of Ordinance 609. Councilmember Cory moved that City Attorney Wines' language be adopted amending Ordinance No. 609. Councilmember Becker made the second. All were in favor. DISCUSSION BOARD OF ADJUSTMENT ALTERNATES City Manager Schulze reported that the Board of Adjustment has requested that the City Council consider appointing two alternates to the Board. There is concern that scheduled meetings may not be held due to a lack of quorum among the regular members. The Planning Commission currently uses alternates to ensure a quorum of commissioners when foreseeable events would otherwise prevent the attendance or participation of a quorum. The Board recommended the appointment of two recent members as alternates, Bob Shomler and Pat Dineen. Councilmember Cory moved the appointment of Pat Dineen and Bob Shomler as alternate members of the Board of Adjustment. Councilmember Becker made the second. All were in favor. FIRE CONTRACT NEGOTIATING TEAM The Council agreed by common consent to discuss this item in closed session. ORDINANCE NO. 614 - LARGE HOMES Mayor Pro Tern Potts provided a brief legislative history of the work done on this ordinance by the Planning Commission and the Council's special committee. She Medina City Council Minutes May 12, 1997 Page 8 described the great amount of work spent by Councilmember Morgan in recent weeks to develop a useable ordinance. Councilmember Morgan said that the current approach to the ordinance could be summed with three fundamental concepts. First, that there was favor among some Councilmembers to avoid incremental changes to the zoning code; second, that there were difficulties in administering ordinances based on floor -to -area ratio limitations; and third, that the Council's goals could be met by regulating the bulk of a building and letting people do what they wanted inside. He converted floor area limitations to volume and checked the calculations with Lowell Erickson, the City`s Chief Building Official. Councilmember Morgan reviewed the R-20 and R-30 zones, projecting the impacts of this approach on greater than and less than statutory sized lots. He observed that with a volume approach homes were limited in size, but could be allowed to vary according to lot size. A smaller lot would have a home of lesser volume, a larger lot a home with greater volume. Both would have an acceptable bulk according to the size of the lot. He provided a conversion factor for square foot in lot size to volume, i.e., 1000 square feet of lot size equals 2,250 cubic feet of volume. The City Council discussed the proposed volume approach. Councilmember Ross applauded the efforts of Councilmember Morgan and the special committee members, Councilmembers Benz, Cory and Mayor Pro Tem Potts. He expressed interest in the innovative solution, but asked that some professional organization be asked to review the concept. With Council concurrence, City Manager Schulze offered to ask some professional organizations to review the proposal. The Council's final direction was to have City Manager Schulze take this item to one meeting of the Planning Commission to solicit their comments. NEW BUSINESS City Attorney Wines described two issues of concern with activities associated with the FCC. The first is that the FCC is scheduled to pass "super regs" in September that is claimed to be the answer for the cellular industry to their siting problems. He is concerned that those regulations are going to further circumvent local government authority to regulate the placement of wireless communications facilities. He proposed a letter for the signature of the Mayor or Mayor Pro Tem to be asked to be placed on the mailing list, made aware of what hearings are scheduled, what the time frames are for comment, etc. The other issue of concern deals with the FCC bidding process. They are apparently allowing people without the financial capacity to build the systems required to bid on the licenses. He feels this is at the heart of one of the concerns expressed by the Council, i.e., that people buy up prime sites only to be sold later to those companies who have the means to implement a system. It is reported that the FCC is forgiving the license fees, because the companies plead that they need the money to implement the systems. Medina City Council Minutes May 12, 1997 Page 9 The Council concluded that the letters should be written and addressed to the FCC and our federal representatives. City Attorney Wines offered to work on a draft of the letters and prepare them for signature in the coming week. CLOSED SESSION At 11:10 PM, and under authority of RCW 42.30.140 and RCW 42.30.110, Mayor Pro Tem Potts announced that the Council would hold an executive session to discuss labor contract negotiations, fire contract negotiations and purchase of real estate. She announced that the executive session would conclude at 11:30 PM. ADJOURNMENT At 11:50 PM, the City Council reconvened their regular meeting and immediately adjourned by common consent without further action. Attest: Ha ood T. Edvalson, City Clerk Susan Potts, Mayor Pro Tem