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HomeMy WebLinkAbout06-09-1997 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES June 9, 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 Tem Susan Potts. Absent: Mayor Dewey Taylor. City Staff Present: City Manager Doug Schulze, Police Chief Joe Race, City Attorney Kirk Wines, Asst. City Mgr./City Clerk Woody Edvalson MINUTES OF PREVIOUS MEETING: Councilmember Cory moved the approval of the minutes from the May 12, 1997 regular Council meeting. Councilmember Benz seconded the motion. All were in favor. ANNOUNCEMENTS: Mayor Pro Tern Potts announced that the City Council would hold an executive session at the end of the evening's agenda. She indicated that there may be action taken by the Council at the close of the executive session. City Attorney Kirk Wines brought the issue of a disputed right-of-way at the southern terminus of 84th Ave. NE to the Council's attention. He said that he had received an opinion from Beth Clark, attorney at Foster, Pepper & Shefelman representing the Krengels, that was opposed to the City's position on the extent of public right-of-way down to the lake. Mr. Wines recommended that the Council appoint a committee to include the Mayor, another councilmember, a member of the Park Board, and himself to investigate the possible uses of the increased access and right-of-way. Mayor Pro Tern Potts and Councilmember Benz volunteered to serve on such a committee. Police Chief Joe Race introduced the City's new enforcement officer, Stan White. Mr. White's previous employment was with the City of Clyde Hill as a certified reserve police officer. Mr. White was first on a selection list of about 35 candidates. Medina City Council Minutes June 9, 1997 Page 2 AUDIENCE PARTICIPATION Bill Henningsgaard, 1645 Rambling Lane, described the events leading up to a recent denial by the Board of Adjustment of his application for a variance to maintain an existing out -building in his property's set back. He expressed his opinion that the Board used criteria and principles to make a decision that were unavailable to the public in the City's published ordinances. He asked that those criteria and principles be codified and made readily available to the public. City Manager Schulze noted that Mr. Henningsgaard had applied to the Board of Adjustment for a reconsideration of the original decision. The Council discussed the reconsideration and appeal process, noting that an appeal of the Board's decision was to the Superior Court rather than to the Council. Mayor Potts concluded the discussion by suggesting that the issues at hand were more involved than could be handled at the moment. She invited Mr. Henningsgaard to write his concerns and present them to the City Manager. STAFF REPORTS FINANCE REPORT Chairman of the Council Finance Committee, Councilmember Morgan, moved the approval of May finance warrants numbered 10379 to 10466, excepting 10382-10384 which were void, and totaling $82,817.74. He also moved the approval of May personnel warrants numbered 15372 to 15420 in the amount of $76,897.33. Councilmember Benz seconded the motion. All were in favor. POLICE DEPARTMENT Police Chief Race reported the occurrence of a residential burglary with an entry from the waterfront. He suggested residents take precautions to keep homes locked up, even if they were just down at the waterfront or in the back yard of the property. In response to a question from Councilmember Morgan, Chief Race explained that there would be no personal watercraft patrol this year. PUBLIC HEARING TCI - CONSIDER IMPOSING PENALTIES FOR FRANCHISE NON-COMPLIANCE City Manager Schulze reviewed the events of previous staff and Council interaction with TCI concerning the upgrade of services in Medina. The City had asserted that TCI was not in compliance with its franchise requirements having failed to upgrade the system within Medina to at least the standard of Seattle or neighboring jurisdictions within Pierce, Snohomish and King Counties. He explained that the franchise provides for a Medina City Council Minutes June 9, 1997 Page 3 penalty of up to $300 per day for non-compliance. He explained that the burden of proof was on TCI to show reasonable cause for not having upgraded the Medina system. City Attorney Wines recounted his recent conversations with TCI, describing how the City Council has preferred to work with franchisee's rather than enforce a penalty. He said he had explained to TCI representatives that they should come prepared to explain to the Council how TCI would increase the channels available in Medina within a short period of time and get rid of the microwave dish and tower at the Medina Grocery, which was rapidly becoming obsolete. Bill Bennett, General Manager of TCI of Washington - North Seattle Office, presented TCI's position that it had not violated the provisions of the franchise and that it was not their policy to avoid investment in capital facilities upgrades within Medina. He explained that nation-wide, TCI was re-evaluating its operations to be in a more competitive position in the future. He described how Medina and all other TCI cities and counties were included in a 120 day local study to develop this new service strategy. He said the process would be completed in August. He suggested that it would be in neither the City's nor TCI's best interest to become embroiled in a legal dispute over the imposition of penalties. He asked the Council's indulgence until August, at which time he would be prepared to reveal TCI's strategies to enhance service in Medina. When pressed by the Council for alternatives to decrease the time required to augment the number of channels available to Medina residents, Mr. Bennett described the possibility of inter -connecting Medina and the old Viacom system, now TCI, in Bellevue. He said the obstacles were right-of-way acquisition, plant investment, difficulty with union contracts, etc. He did indicate that TCI was actively working to resolve these obstacles, and that it may be part of the future strategy. He felt if used as part of the solution it could be implemented by November 1997. Jerry Rotondo, General Manager of TCI - Bellevue/Redmond, reiterated that they were making their best effort to develop solutions to the City's concerns. Henry Paulman, 1415 80th Ave. NE, said that he had been to the head end transmission site in Seattle, spoken with technicians, and understands that the transmission capacity is currently limited to 37 channels. He also asked TCI if the cable system in Medina would be for sale. Arthur Dietrich, 707 Overlake Dr. E., suggested that at a minimum, TCI should be required to appear monthly before the Council to provide an update on progress. John Rohr, 2233 77th Ave. NE., suggested that in order to provide greater incentive to TCI to increase channel capacity in Medina, the City could deregulate the placement of the mini -satellite dishes to allow for easier installation. Mayor Pro Tem Potts closed the public hearing. The Council discussed the issues. City Attorney Wines proposed that before the next meeting, staff would pin down the dates of system upgrades in neighboring jurisdictions, determine when a substantial portion of Bellevue began receiving 54 channels, solicit information from TCI, and meet with Mr. Medina City Council Minutes June 9, 1997 Page 4 Bennett to review the findings and to see if there is still room to negotiate to avoid imposition of a penalty. He suggested that the Council continue the public hearing to the next regular meeting. Councilmember Cory asked that a motion to impose penalties retroactive to the date of non-compliance be prepared for action at the next meeting. Councilmember Cory moved that the public hearing be reopened and continued to the next regular meeting. Councilmember Morgan seconded the motion. All were in favor. DISCUSSION ELECTION OF MAYOR AND MAYOR PRO TEM Mayor Pro Tem Potts explained that the City Manager had received communication from Mayor Taylor indicating his desire to step down as Mayor because of continuing out-of-town business. Councilmember Cory moved to accept Mayor Taylor's resignation as Mayor. Councilmember Ross seconded the motion. All were in favor. Councilmember Cory moved that Mayor Pro Tem Potts be elected as Mayor. Councilmember Ross seconded the motion. Again, all were in favor. Councilmember Ross moved that Councilmember Morgan be elected as Mayor Pro Tem. Councilmember Cory provided the second. All were in favor. TRANS -LAKE WASHINGTON STUDY Councilmember Becker moved that this item be considered in executive session due to the potential for litigation. Councilmember Cory seconded the motion. Approved unanimously. FAIRWEATHER PARK TENNIS COURT RESURFACING City Manager Schulze reported that the Park Board had visited Fairweather Park and noticed the east tennis court was virtually un-playable because of the cracking on the court surface. The Park Board has recommended that the City resurface the court. City Manager Schulze estimated the cost of resurfacing at $30,000. Councilmember Becker recommended that a preliminary sub -surface soils report be conducted before the court is resurfaced. Councilmember Cory moved to authorize the expenditure of up to $30,000 for resurfacing of the tennis court after an examination of the court's sub -surface is completed. Councilmember Morgan made the second. Approval was unanimous. Consideration of Ordinance No. 626 was tabled. ADOPTION OF CITY COUNCIL GOALS Councilmember Cory moved the adoption of the Council goals. Councilmember Ross seconded the motion. Councilmember Morgan suggested that the Council consider the wording used in Goal 11," Take a proactive role in regional issues." He felt that the Medina City Council Minutes June 9, 1997 Page 5 Council's goal was not necessarily to be proactive through participation in regional groups, but that those organizations could be used as tools to gather information for Council action. The Council agreed by common consent to delete the sentence that reads, "This can be accomplished by becoming active in Suburban Cities Association, Washington Cities Association, and other organizations." Councilmember Becker suggested that Goal 12, "Conduct a consolidation study," be eliminated. After Council discussion, the majority voiced their desire to leave it on the list of goals because of the group process at which it was arrived. The motion for approval was unanimous. CONSTRUCTION CODE OF CONDUCT City Manager Schulze introduced a draft Code of Conduct that was developed pursuant to a recommendation from the Planning Commission. He explained that participation in development of the document was extensive. Councilmember Cory raised concern with the lack of definition of penalties associated with the Code of Conduct. City Attorney Wines explained that some would and some would not be enforceable. He suggested that if there was not voluntary compliance, then an ordinance could be adopted with specific fines, etc. Councilmember Benz suggested that the code include provisions restricting the locating of portable toilets, building materials and/or tools in the City's rights -of -way. The City Council presented and discussed pros and cons of adopting and trying to enforce such a document. City Attorney Wines suggested that staff redraft the code in bullet form that would then be posted on the work site. By common consent the Council agreed to a test period for the revised Code of Conduct. Councilmember Morgan asked that the staff be instructed to take a more investigative approach to complaints, so that anonymous complaints could have the appropriate follow-up without creating a paper trail that would point back to the person complaining. City Manager Schulze agreed to give staff that direction. NEW BUSINESS LANDSCAPE LIGHTING Mayor Potts asked if the City had restrictions on landscape lighting and the impact on adjacent properties. City Attorney Wines responded that there were restrictions on lighting attached to poles, but the code did not address lighting attached in trees or used to highlight trees. The Council reached no consensus on directing staff or the planning commission to further review or suggest ordinance changes. Medina City Council Minutes June 9, 1997 Page 6 MEETING WITH CONGRESSIONAL DELEGATION Councilmember Benz suggested that it would be important that representatives of the City meet with members of the congressional delegation to express the City's concerns about the 1996 Telecommunications Act. With the Council's assent, City Manager Schulze agreed to arrange the appropriate meetings. AMENDMENT OF ORDINANCE TO ALLOW FOR APPEAL TO CITY COUNCIL FROM THE BOARD OF ADJUSTMENT Councilmember Becker asked that the City Attorney prepare an ordinance revising the zoning code to allow for a closed record appeal to the Council from the Board of Adjustment. City Attorney Wines said he would prepare such an ordinance. He added that the ordinance would have to have a public hearing before the Planning Commission before being considered by the City Council. REVISION OF THRESHOLD FOR REMODELING PERMIT Mayor Potts mentioned that she had received several phone calls objecting to the $1500 trigger for a building permit on a remodel. She felt that it was excessively low. City Attorney Wines replied that it had been reviewed a few years ago. He said the consensus at the time was that it helped protect the homeowner by assuring that the work was performed by a licensed contractor and that the work conformed at least to the applicable building code. No action was taken by the Council on this issue. TREE REMOVAL ON SENSITIVE SLOPES DURING DEVELOPMENT Councilmember Morgan asked for a status report on the ordinance preparation regarding the changes recommended by the Planning Commission and approved by the Council to the Sensitive Slopes Ordinance. City Attorney Wines said that he had recently been provided information to begin work on the ordinance, and would have it soon for the Council's consideration. COMMITTEE ON THE PRESERVATION OF QUALITY COMMUNITIES Councilmember Morgan reported that the Council committee on the Preservation of Quality Communities policy met during the week and reviewed the draft prepared by the City Attorney. He asked that the final draft be reviewed by the Council. The Council determined to discuss any proposed changes at the next Council meeting. City Attorney Wines mentioned that he would send the draft out for comment to some of the local architects and builders. SHOWER FOR MEDINA BEACH PARK City Manager Schulze reminded the Council that the 1997 budget had included $500 for installation of a rinse shower at the Medina Beach Park. The unit proposed by staff would combine a water fountain and foot and rinse shower into a single attractive unit. Its structure would eliminate some of the ongoing vandalism concerns with the current Medina City Council Minutes June 9, 1997 Page 7 water fountain. The cost is approximately $1900. By common consent, the Council approved revising the project to include the new unit. 84TH AVENUE NE BICYCLE LANE Councilmember Ross asked that the Mayor again pursue a dialogue with Clyde Hill at the monthly mayor's breakfast about reconfiguring the bike lane at the north end of 84th Ave. NE. The Council consensus was that this would assist the backups that occur during peak traffic hours at the intersection with NE 28th St. Mayor Potts said she would again raise the issue. EXECUTIVE SESSION At 9:40 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 consider labor contract ratification. The Council also indicated that they would discuss the Trans - Lake Washington Study. She announced the session would conclude at 10:15 PM. REGULAR SESSION At 10:20 PM, Mayor Potts reconvened the regular session of the City Council. Councilmember Cory moved to approve the labor contract with the Public, Professional Office -Clerical Employees and Drivers Local Union No. 763 representing the public works and office -clerical employees. Councilmember Ross seconded the motion. All were in favor. ADJOURNMENT At 10:22 PM, the City Council adjourned by common consent without further action. Attest: rwood T. Edvalson, City Clerkly Susan Potts, Mayor