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.
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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
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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.
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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