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HomeMy WebLinkAbout10-09-2000 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES October 9, 2000 Medina City Hall 7:00 PM 501 Evergreen Point Rd. CALL TO ORDER Mayor Pro Tem Morgan called the regular meeting of the Medina City Council to order at 7:05 p.m. The meeting was recorded on audiotape. ROI 1 CAI I Present: Council Members Paul Demitriades, Jim Lawrence, Thomas Morgan (Pro Tem), Mary Odermat and Steve Preston. (Due to another conflict, Mayor Becker arrived late.) Absent: Council Member Suzanne Cohen Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Chief Michael Knapp, Public Works Superintendent Carl Burris, and Interim City Clerk Caroll Wedlund. ANNOUNCEMENTS Serving as Mayor Pro Tem, Council Member Morgan stated that Mayor Becker would be joining the meeting shortly. Council Member Demitriades announced that he had attended the Trans -Lake Washington Technical Steering Committee meeting to discuss and reach agreement regarding the alternatives to be carried forward in the Environmental Impact Statement (EIS) process. The Committee agreed to move a number of alternatives forward, as well as the transportation demand management proposals. He noted that tunneling would be a route option for each of the alternatives presented. Council Member Demitriades indicated that the staff had recommended that the City not proceed with any of the Kirkland to Seattle north crossings, and that instead a proposed mid -lake corridor crossing should be added that would run from Seattle to Medina. Council Member Demitriades noted that none of the Seattle electives had been present, but that the eastside had been well represented. He added that the final EIS project would be completed in September 2002. He relayed that a record of decision would be published in December 2002, after which work would begin on the selected option. Council Member Demitriades noted that it was proceeding like a typical study. He added that origin destination studies supported North Lake crossings, which would relieve the congestion on 1-90, 1-405 and 1-5. City Manager Schulze relayed that the committee had recommended that nine alternatives move forward in the EIS process to the second level evaluation. He noted that the mid -lake crossing was the high capacity transit alternative to a highway option. City Manager Schulze continued that the high capacity transit alternative had not yet been defined in that corridor, but there were several options that would be considered. He noted that the proposed mid -lake corridor route was described in the project description as being somewhere in Medina on the east side and in the Madison Park-Madrona area on the west side of the lake. City Manager Schulze explained that each of the nine alternatives would be considered not only as a surface bridge, but also as a tunnel option. He continued that some people on the Technical Committee were reviewing the efficiency rating for each of the proposals, rather than the environmental impacts. City Manager Schulze emphasized that this was an EIS process, and that environmental impacts should be considered as the alternatives were moved forward. City Council Meeting October 9, 2000 Page 2 Council Member Demitriades added that the primary weight was for congestion relief on an efficiency index yet to be developed. He pointed out that there were a lot of criteria that should be addressed, and that it was important to consider the proper weight. Council Member Morgan interjected that digging the lake for a subterranean tunnel was much less feasible for the proposed Medina site than it would be at Sand Point or at Kirkland, where Lake Washington was only 100 feet deep. He was of the opinion that the whole process had some basic flaws. Council Member Demitriades indicated that the process had a long way to go, and expressed concern about the lack of participation by Seattle City Council officials. Council Member Demitriades announced that Senator Slade Gorton had a new staffer who was working on the jet noise problem. Council Member Morgan announced that both he and Council Member Demitriades would be out of town for the Public Safety Meeting scheduled for Thursday, October 12, 2000. CONSENT AGENDA Council Member Preston moved, seconded by Council Member Odermat, to approve the consent agenda. Council Member Demitriades suggested some changes that should be incorporated into the minutes of September 11, 2000. Council Member Preston moved to accept the consent agenda less the September 11, 2000 minutes. The vote was unanimous. A. Minutes from the Study Session Meeting of September 25, 2000 B. Approval of September, 2000 Warrants/Treasurer's Report Regular Warrants - #14172 - 14249 $402, 904.61 Personnel Warrants - #17532 - 17595 $120,625.11 DISCUSSION Council Member Morgan was of the opinion that the adoption process for the new budget would proceed more smoothly if everyone could review the information sequentially, rather than all at once. He did not feel that there had been sufficient time to understand the budget. Council Member Morgan further suggested including a postscript at the bottom of each page for better clarity, particularly where a lot of money or unusual items were involved. City Manager Schulze responded that the revenue and expenditure reports were automatic software productions, and that explanations could certainly be added. APPROVAL OF MINUTES Council Member Demitriades suggested several changes and clarifications to the Council minutes of September 11, 2000. Council Member Odermat moved, seconded by Council Member Preston, to approve these minutes as amended. The vote was unanimous. City Council Meeting October 9, 2000 Page 3 POINT OF ORDER Having just arrived, Mayor Becker took over as Mayor for the Council meeting. STAFF REPORTS PUBLIC SAFETY REPORT Police Chief Knapp reported that the Police Department was delighted that NE 24'h Street was open. He continued that in addition to the first burglary, there had been a second one last month of an unoccupied residence that was unlocked without the alarm being activated. Chief Knapp added that there was a warrant of arrest out for the first burglary suspect. Chief Knapp related that traffic enforcement had increased markedly, and that ticket averages had doubled from last year. He reminded citizens to keep their eyes on their speedometers, adding that Medina's educational reader board was being utilized as an aid to motorists. Chief Knapp mentioned that on October 20, the City would be testing for the vacant Records Manager position, and that there were a number of interested applicants. Chief Knapp informed those present that he had been asked about telephone area code 809. He warned that anyone who received e-mail notification to call a number with area code 809 regarding a business opportunity, death in the family or any other type of emergency, to be very cautious. Chief Knapp reported that he had talked with a U.S. West representative, and that he had been informed that the number was one registered in the Caribbean, and that by dialing it, one could incur charges. He further indicated that area code 809 was a number in the Bahamas, and those islands were not regulated by the same industry standards as in America. Chief Knapp promised to determine whether this incident was a scam or a prank, and to notify the community if it was a scam. Chief Knapp apologized for leaving the last Council meeting early, as he did not know that his presence would be required later that evening. He added that he would "sit here until the lights go out", if the Council needed his presence this evening. Council Member Demitriades congratulated the Police Department for the traffic enforcement, as well as the Public Works crews and the contractors for their diligence during the road construction. Council Member Demitriades announced that the City of Milton, Washington, had passed an ordinance requiring helmet use when riding scooters. He added that Milton officials had been concerned about the safety issues involved for children riding scooters without a helmet. Chief Knapp explained that motorized scooters required the same equipment as a motorized vehicle, and that citizens should call the Police Department if they saw someone riding a motorized scooter. He indicated that an officer would transport the child home and caution the parents that their youngster could not be on a public right-of-way without the proper equipment. Mayor Becker inquired about the increased enforcement effort. Chief Knapp responded that the amplified enforcement had been on Overlake, beginning with a reader board, followed by officer presence. He noted that the effort shifted from time to time, and that last month the increased enforcement had been on Lake Washington Boulevard, with some at the northern part of Evergreen Point Road, and in the 300, 400 and 500 blocks of Overlake. Mayor Becker stated that the infractions were not as much of a concern as the accidents. He noted that there had been nine to date, and that normally there were only about two. Mayor Becker wondered if City Council Meeting October 9, 2000 Page 4 there was a correlation between the accidents and the construction activity in Medina. Chief Knapp responded that he would review the accident activity to determine whether it was concentrated in a particular place and time. Chief Knapp added that if needed, he would write a news article regarding this matter in the Medina Newsletter. PUBLIC WORKS REPORT Public Works Superintendent Carl Burris relayed that the Public Works crew deserved kudos for the excellent job they had done this past summer. He also indicated that the temporary stop sign at NE 26th Street and 80th Avenue NE would be removed. Public Works Superintendent Burris reported that kids had vandalized the new sidewalk by riding their scooters on it. He announced that he would also be meeting with Roth Hill representatives and Bill Kemper to discuss completion of the Overlake project. Public Works Superintendent Burris also reported that Tri-County negotiations would determine the status of storm water, land use, and street maintenance planks of the 4(d) Rule. Council Member Demitriades queried when the signs at NE 24th Street and 84th Avenue NE and at NE 24th Street and Evergreen Point Road would be removed. He also asked about the time frame for demobilizing the gear at 78th Avenue NE, as well as when the planting and seeding would be completed. Public Works Superintendent Burris responded that the signs could be removed at any time. Council Member Demitriades noted that the signs had been very useful, but they had served their purpose. Public Works Superintendent Burris announced that the Public Works Department would fabricate the signs into other projects. He continued that there had been numerous requests to remove the equipment at NE 24th Street and 78th Avenue NE, as residents were having difficulty getting out of their driveways due to construction, fences, parking, etc. Public Works Superintendent Burris indicated that the tree planting on 801h Avenue NE was on schedule for this month, but he was unsure of the exact start and completion dates. Council Member Demitriades asked about the reactions of residents regarding tree choices. Public Works Superintendent Burris replied that there had already been several meetings regarding this issue, and that residents had several choices of trees; however, the only concrete planning decisions made so far were the number of trees and their spacing. Mayor Becker asked whether the trees would be quite large. Public Works Superintendent responded that if the City of Bellevue's information for a planting strip were utilized, the trees would be 25 feet tall with a 25 to 30 foot spread. Council Member Morgan asked who would pay for the sidewalk vandalism repairs at 80th Avenue NE and NE 24th Street. Public Works Superintendent Burris was not certain, adding that the inspectors were working with West Coast Construction to remedy the sidewalk vandalism. Mayor Becker commented that unless a layer of the sidewalk was removed, a patch would not adhere. Council Member Lawrence queried about potholes in the road, some of which had cones for demarcation purposes. However, one pothole at NE 24th Street and 80th Avenue NE was without a cone, and his assumption was that kids had removed it. He urged that the potholes be repaired as soon as possible, and that a cone should be placed by the one at NE 24th Street and 80th Avenue NE. Mayor Becker suggested that gravel be placed in the pothole until it could be filled. Mayor Becker suggested talking with residents who lived on 80th Avenue NE before removing the temporary stop sign, as it slowed traffic. He recommended that the Public Safety Committee review this issue before the sign was removed. DISCUSSION Council Member Morgan announced that the October 24 Planning Commission hearing regarding Metromedia and AT&T submarine fiber optic cable installation should be coordinated between the Planning Commission and the Council. City Council Meeting October 9, 2000 Page 5 Council Member Lawrence asked City Attorney Wines whether Nextel Communications would obtain a conditional use permit and a variance for their proposed work at the Overlake Golf and Country Club. City Attorney Wines responded that a variance from the under grounding requirements had been requested. AUDIENCE PARTICIPATION Mayor Becker opened the meeting to the audience for non -agenda items. EMER DULIETTE — EVERGREEN POINT ROAD As a faculty member commuting to the University of Washington, Dr. Duliette was curious how the ramp meter on SR-520 would affect travel time. She announced that her commute had risen upwards to 45 minutes just to get onto SR-520 from her home on Evergreen Point Road. She asked about Medina and Hunts Points residents using the car pool access. Mayor Becker responded that the Washington State Department of Transportation (WSDOT) had indicated that they would turn on the ramp meters onto SR- 520, and that Medina had negotiated a two -person car pool. He stated that the ramp meter had reduced congestion in the Medina neighborhood quite a bit; however, the Council was still reviewing the situation. He noted that the agreement with WSDOT was for the next six months to a year, and that City personnel would be meeting with them to determine the viability of the ramp meter. Mayor Becker continued that there had been extensive discussion about Medina and Hunts Point residents having passes, but it had not been well received. Council Member Demitriades inquired if Dr. Duliette had a U-pass, adding that he walked to the bridge whenever he commuted to the University of Washington. JANET TURPEN, DIRECTOR OF FRANCHISING, AT&T Ms. Turpen indicated that she and her colleagues were present to give their approval for the joint request in the Medina Beach Park. She thanked the Council for considering their request, and noted that AT&T was willing to provide compensation and that they anticipated a decision from the Council in the near future. She continued that AT&T representatives would be willing to return at a future time in order to answer further questions. POINT OF ORDER City Attorney Wines pointed out that Council discussion regarding the fiber optic cable easement should take place during Executive Session. Mayor Becker suggested that the Council go into Executive Session upon conclusion of the audience participation portion of the meeting. DR. RAYMOND LEE, 1526 — 79T" PLACE NE Dr. Lee announced that he had applied for two variances several months ago, and had been denied. His concern was for across-the-board equities. He was curious about the 88 homes in the R-30 zone, noting that 35 to 40 percent of those lots were substandard. Dr. Lee continued that R-30 zoning had been intended to restrict negative impacts. He was of the opinion that the City had established regulations that had a negative effect upon homes that had little impact on the surrounding residences. He further explained that Planning Commission Vice Chair Nelson was attempting to generate some interest in modifying qualifications for new home construction. He pointed out that Medina residents were concerned that the established regulations were not aiding them, and that they should be reviewed. Mayor Becker responded that the Council had addressed some of these issues in Ordinance No. 614. He continued that since then, the Council had tackled the issue of homes in the R-16 zone area. The Council planned to review the application of some of those standards to R-20 and R-30 zones. He stated that the Council had first reviewed what to do about legal lots and how to control what could be built on them. After that, they had tackled R-16 lots and had identified possible relief areas. He promised that R-20 and R-30 lots would be reconsidered. City Council Meeting October 9, 2000 Page 6 Mayor Becker promised to contact Dr. Lee toward the end of this year or the beginning of next year regarding this issue. Council Member Preston suggested that Dr. Lee watch for R-16 Committee meeting announcements. Mayor Becker cautioned that everything that was happening in R-16 zones might not apply to Dr. Lee's case, since the highest a homeowner in the R-16 zone could build was 25 feet. Dr. Lee indicated that he had discussed this issue with Planning Commission Chair Mark Lostrom, who had relayed that granting a variance could be detrimental to the character of Medina. Dr. Lee pointed out that the new homes that were much larger and taller also had a detrimental impact. He also relayed that Planning Commission Chair Lostrom had stated that his job was to follow the established regulations of the community. Council Member Morgan informed Dr. Lee that even though Ordinance No. 614 had been passed nearly two years ago, the homes being completed were those that had been allowed after the ordinance had been approved. He continued that the City was in a transitional period, and the effects of the limitations were not yet apparent. He announced that the R-16 Committee would be addressing relief for situations such as this. POINT OF ORDER Mayor Becker suggested that the Council go into Executive Session and then afterwards review any questions with the representatives from AT&T. At 7:59 p.m. and under authority of RCW 42.30.110, an Executive Session was held for the purpose of discussion of pending litigation. By unanimous consensus, Council members closed the Executive Session at 8:59 p.m. At 8:59 p.m., the Council reconvened the regular session. DISCUSSION Mayor Becker queried about the projected schedule for Metromedia Fiber Network and AT&T Broadband, adding that the Council was thinking of retaining a consultant to provide an estimate of the value of a fiber optic cable easement. AUDIENCE PARTICIPATION VICK PETERSON, DIRECTOR OF NETWORK DEVELOPMENT, METROMEDIA FIBER NETWORK SERVICES, INC. (MFN) Mr. Peterson responded that MFN was on a fairly tight schedule. He noted that it was impossible to order the specific submarine cable footage until they were sure where the fiber optic cable would land. He continued that cable placement was not projected until February or March of next year because of the permitting process; however, once the cable was ordered, there would be a 22-week time frame before they could place it. Mayor Becker asked if a month for the decision -making process would be timely enough. Mr. Peterson voiced a preference for a date sooner than that, pointing out that AT&T already had a franchise. He further suggested that other things could be accomplished in parallel, such as negotiating the franchise agreement with MFN. Mayor Becker responded that the City was interested, but the Council needed time to review the issue. He also asked Mr. Peterson what type of service Metromedia planned to bring to Medina. Mr. Peterson replied that MFN was a provider of dark fiber, and that their large service carrier customers installed their own electronics on the cable that MFN provided. JANET TURPEN, DIRECTOR OF FRANCHISING, AT&T BROADBAND Ms. Turpen announced that AT&T was upgrading its cable system throughout the Puget Sound area in order to provide enhanced services. She indicated that AT&T currently provided television and cable, and that they eventually wanted to provide local phone service when the cable service was upgraded. Ms.Turpen indicated that after the cable service was upgraded, the three services that AT&T hoped to provide were voice, video and high-speed cable internet service. City Council Meeting October 9, 2000 Page 7 JEFF SMITH, CONSTRUCTION MANAGER, AT&T BROADBAND Mr. Smith announced that the schedule for AT&T was similar to that for MFN. He emphasized that adequate lead-time was an important component of upgrading AT&T's network, in order to resolve any problems that might be encountered. He continued that lack of adequate lead-time would hamper AT&T's ability to provide the desired service. Council Member Morgan noted that the City had requested that there be no overhead facilities. He indicated that AT&T's response had been that MFN had no such plans, but that AT&T would be placing overhead facilities. Mr. Smith responded that AT&T's fiber optics were already in place. Council Member Demitriades asked about AT&T's progress with the submarine cable submission process. Mr. Peterson replied that AT&T had just received the Corps of Engineers permit the week prior, and that they had also received their permit from the Department of Fish and Wildlife. He continued that AT&T was also working with the City of Seattle for easement and permitting in the Madrona Park area, and with the Department of Natural Resources for the permit across the lake. Council Member Odermat asked if negotiations had been completed with the City of Seattle for the Madrona site. Mr. Peterson indicated that they had finalized the language, and that financial negotiations regarding landing rights would take place in the near future. In response to Council Member Morgan's inquiry regarding impact for Medina Beach Park, Mr. Peterson responded that there would be none. He noted that AT&T would not be required to signpost the park, as it was a charted area. He pointed out that the boring would impact the employee parking spots, but that this could be done during a weekend or at night. He promised to work with the Public Works Department in order to have the least impact upon the citizens. Mr. Peterson added that they would probably block off the street in order to complete the work. Mayor Becker announced that Mr. Peterson would be informed regarding the status of hiring a consultant to advise City officials. City Manager Schulze added that they would begin work on this issue immediately, and that either he or City Attorney Wines would be in touch with Mr. Peterson. OTHER BUSINESS Council Member Morgan announced that he would be out of town for a while. He distributed a letter regarding applying R-16 rules for substandard lots in R-20 and R-30 zones, and requested that Council Members review the letter and submit comments via e-mail. ELIMINATION OF NAME REQUIREMENT FOR SOLICITOR LICENSES Council Member Morgan asked Mr. Jerry Sheehan, who was in the audience representing the American Civil Liberties Union, if he had an objection to putting a name with a face for Medina solicitor licenses. Mr. Sheehan replied that the core issue was the concept of acquiring a license for speech activity that was protected by the First Amendment. He continued that the overall requirement was that of requiring any licensing of something protected by free speech. Mayor Becker responded that the Council's concern was to protect Medina's citizens and their security. He noted that by requesting contributions, citizens believed they were targets, and that solicitors becoming irate and intimidating was unacceptable behavior. Mr. Sheehan pointed out that the City of Medina was the only municipality in the state that had such an ordinance. City Attorney Wines announced that the City would no longer require a name on the solicitors' license, but that pictures would still be displayed. He also indicated that the name would still be necessary on the application. DISCUSSION Council Member Morgan announced that MFN and AT&T were in need of a speedy decision regarding the cable crossing. City Attorney Wines interjected that both MFN and AT&T were utilizing a panel of City Council Meeting October 9, 2000 Page 8 appraisers regarding the land value and from that, would determine the value of the easement, which would be less than the land value. ADJOURNMENT Council Member Demitriades moved to adjourn the Regular City Council meeting, seconded by Council Member Preston. All were in favor, and the meeting was adjourned at 9:29 p.m. aniel F. Becker, Mayor Attest: Caroll P. Wedlund, Interim City Clerk