CITY OF SHORELINE
SHORELINE CITY COUNCIL
SUMMARY MINUTES OF WORKSHOP MEETING
Monday, February 7, 2000
6:30 p.m.
Shoreline Conference Center
Mt. Rainier Room
PRESENT: Mayor Jepsen, Deputy Mayor Hansen, Councilmembers Grossman, Gustafson, Lee, Montgomery and Ransom
ABSENT: None
1. CALL TO ORDER
The meeting was called to order at 6:30 p.m. by Mayor Jepsen, who presided.
2. FLAG SALUTE/ROLL CALL
Mayor Jepsen led the flag salute. Upon roll by the City Clerk, all Councilmembers were present, with the exception of Councilmember Lee, who arrived later in the meeting.
3. CITY MANAGER’S REPORT AND FUTURE AGENDAS
City Manager Robert Deis discussed the conflict concerning representation on the Executive Committee of the Puget Sound Regional Council (PSRC). He noted a letter from Snohomish County Executive Bob Drewel recommending that the 1999 membership of the committee remain in place to develop a proposal for addressing representation of the City of Bellevue. The Executive Committee would present its proposal to the general assembly for a vote.
Deputy Mayor Hansen, who was appointed to the 2000 membership of the PSRC Executive Committee, said the Suburban Cities Association (SCA) has encouraged the PSRC to resolve the issue of the representation of Bellevue without affecting SCA representation on the committee.
Mr. Deis noted that the SCA is preparing a response to Executive Drewel’s letter.
Next, Mr. Deis discussed the King County proposal that contracting cities pay an additional, separate charge of $50,000 for arson investigations. He said city managers and fire district representatives met and developed a counter proposal: the contracting cities will cover the cost of one full-time employee; after one year, they will review costs, revisit protocols and adjust the budget accordingly. The County has tentatively agreed.
Community and Government Relations Manager Joyce Nichols reviewed a memorandum about key legislative issues in preparation for the Council dinner with 32nd District legislators in Olympia February 8.
Councilmember Lee arrived at 6:45 p.m.
Health and Human Services Manager Rob Beem reviewed a memorandum concerning the Youth Council Taskforce. The memorandum included the draft proposal that the taskforce facilitator recently prepared. Mr. Beem asserted that it is too soon to divert resources from the City’s existing youth programs to support a youth council.
Mr. Deis commented that the draft proposal lacks specific outcomes. By contrast, he said existing City youth programs provide, or are close to providing, specific outcomes and impacts. He expressed concern about the financial cost of supporting a youth council as currently proposed.
Councilmember Montgomery commented that the proposed ratio of three youths to one adult will result in too many adults.
Councilmember Ransom said the proposal does not provide clear direction or defined objectives. He asserted the need to establish what a youth council will accomplish and how it will accomplish it.
Councilmember Gustafson asserted the value, to the City and students, of involving students in the governmental process. However, he agreed that the current proposal is fragmented. He said Council needs to know what the City will receive for providing resources to students. He expressed his hope that the youth council proposal will develop into something that Council can feel comfortable supporting.
In response to Councilmember Grossman, Mr. Beem said the taskforce has not identified the levels of financial and staff support necessary to support a youth council. Council-member Grossman said adults could take more initiative to improve the proposal, but the youth involved would learn less as a result. He advocated that the City give the taskforce more time to develop the proposal. He recommended that Council clearly identify the prerequisites of its support. He said the youths can then decide whether they will try to meet those requirements.
Councilmember Gustafson agreed that Council should give the students time to develop the proposal further.
Councilmember Lee advocated continued City support for the development of a youth council proposal. She asserted that more work is necessary to define the proposal better.
Mayor Jepsen asserted that the City, and the other governments involved, should determine how the youth council fits with their existing youth programs. He acknowledged that the development of a youth council is a youth-driven process. He said Council can help by making the conditions of City support more clear. He commented that Council should pursue other avenues of involving youth in the community if those involved in the current process cannot meet Council conditions.
Mr. Deis confirmed the Council consensus to continue supporting the Youth Council Taskforce. He said staff will communicate Council concerns about the need for greater specificity in the taskforce proposal.
Finally, there was Council consensus to grant the request of representatives from Chambers Cable and AT&T, as related by Mr. Deis, to consider agenda item 6 (d) as the first workshop item.
4. COUNCIL REPORTS
Councilmember Gustafson attended the February 1 meeting of the Lake Washington Forum. He said some cities have indicated that revenue reductions related to Initiative 695 may preclude their continued membership. He noted that, at the same time, cities must develop plans to meet the requirements of the Endangered Species Act. He went on to mention the discussion of the "key communicators group" that the Shoreline School District Superintendent has convened.
Councilmember Montgomery said Regional Transit Committee members have been meeting in subcommittees to discuss guiding principles for service reductions necessitated by I-695.
Councilmember Grossman discussed the concept of "economic vitality," under which local governments promote the growth of businesses already operating within their borders.
Mayor Jepsen mentioned that he and Lake Forest Park Mayor David Hutchinson met recently with Kellogg Middle School students to discuss local government. He noted the skate park as the topic of many questions. He went on to report key topics of a meeting between County Councilmember Fimia, Deputy Mayor Hansen, Mr. Deis and himself, including the impact on Shoreline of potential reductions in Metro bus services and County Councilmember Fimia’s proposed moratorium on development in unincorporated King County on lots smaller than five acres.
Mayor Jepsen questioned the status of the memorandum of understanding between the City and the School District. Mr. Deis said Parks, Recreation and Cultural Services Director Wendy Barry shared the City’s partnership proposal with the Assistant Superintendent during a meeting on December 10. He noted that the School District has not responded.
Finally, he distributed the proposed list of stakeholders that he and Deputy Mayor Hansen had prepared. He asked the other Councilmembers to review the list and to contact him or Deputy Mayor Hansen with concerns or suggestions for changes. Mr. Deis recalled the staff commitment to discuss the list of names with the Council of Neighborhoods.
5. PUBLIC COMMENT
(a) Terry Green, 613 N 179th Street, spoke as Co-Chair of the Aurora Improvement Council and as Vice President of the Shoreline Chamber of Commerce. She invited Council to attend the next meeting of the Aurora Improvement Council at 7 p.m. February 15 at Highland Ice Arena and the next meeting of the Shoreline Chamber of Commerce at noon February 9 in the Shoreline Conference Center.
(b) Dennis Lee, 14547 26th Avenue NE, said most of the proposed amendments to the draft development code address processes by which people could circumvent code requirements. He asserted the need to "tighten the intent" of the code.
(c) Daniel Mann, 17920 Stone Avenue N, said the City is denying Shoreline residents due process in cases that involve the rezoning of property for which current zoning and the land uses projected under the Comprehensive Plan conflict. He asserted that the Chair of the Planning Commission, with support of Planning and Development Services staff, uses the Comprehensive Plan to prevent testimony in opposition to individual rezones. Noting that the City has not established procedures for amending the Comprehensive Plan, he said the City is adopting new land use designations without any meaningful citizen input.
(d) Dick Libby, 14712 12th Avenue NE, described a short plat at 14704 12th Avenue NE. He said the developer demolished an old house and, then, over a two-week period, imported approximately 1,000 cubic yards of soil. He contacted Planning and Development Services; staff advised that the developer did not have a permit to import or grade the soil or a drainage plan; and staff issued a stop work order. He asserted that the current penalty of $500 for such violations is inadequate, and he advocated that Council increase the amount.
(e) Janet Way, 940 NE 147th Street, also spoke about the short plat at 14704 12th Avenue NE. She reported that the developer violated the stop work order by importing still more soil. She advocated that Council adopt penalties large enough to deter violations. She also spoke as a member of the Parks, Recreation and Cultural Services Advisory Committee in support of the proposed park maintenance standards. She recommended that Council strengthen City efforts against noxious weeds.
(f) Walt Hagen, 711 N 193rd Street, asserted that Council is not listening to Shoreline citizens. He said staff is working to meet Council goals, but Council is not aware of the impacts. He asked whether Council adoption of the draft development code will result in a "blanket rezone" of Shoreline to the land use designations in the Comprehensive Plan.
Mayor Jepsen acknowledged that the City has received several applications for contract rezones from developers wanting to exercise the land use designations of the Comprehensive Plan. He advised that Council must review such applications on a case-by-case basis.
In response to Mayor Jepsen, Planning and Development Services Director Tim Stewart reviewed staff actions regarding code violations at 14704 12th Avenue NE: staff posted a stop work order after receiving the first complaint; and staff posted a second stop work order, and sent a notice and order to the developer and the property owner, after receiving the second complaint. He said staff continues to monitor the situation. He noted that the developer’s actions will be detrimental to his efforts to receive final approval of the short plat. Mr. Deis commented that the costly delays resulting from a stop work order can have more influence than fines.
Mayor Jepsen said Council has not considered action to reconcile zoning throughout Shoreline with the land use designations of the Comprehensive Plan. Mr. Stewart asserted the appropriateness of considering individual applications for rezoning given that Council has not adopted a final development code.
6. WORKSHOP ITEMS
(d) Authorization of Cable TV Franchise Transfer from Chambers Cable of Edmonds to AT&T Broadband Services
Kristoff Bauer, Assistant to the City Manager, said staff identified several issues of potential importance to Council regarding the proposed transfer. Staff communicated those issues to Chambers Cable and AT&T. Mr. Bauer provided copies to Council of the written responses from the two corporations. He went on to review his summary of the responses, addressing the issues in three categories:
In response to Mayor Jepsen, Mr. Bauer explained the system that AT&T currently uses to broadcast videotapes of Council meetings. He noted the goal to establish a centralized studio to consolidate the efforts of the City, Lake Forest Park and the special districts to program content. He said staff will propose a system and funding options for Council review within the next few months.
In response to Councilmember Grossman, Mr. Bauer said AT&T will begin to market its "@HOME" cable Internet access later this year in the area of Shoreline previously served by TCI. He noted the City requirement that the Chambers Cable upgrade be capable of providing such service, but he did not know when AT&T would begin marketing it to those previously served by Chambers Cable.
Mayor Jepsen stated his understanding of the AT&T letter of January 28 that if AT&T assumes Chambers Cable all Shoreline customers will receive the same service beginning August 12. Mr. Bauer said the City has the authority to regulate the ability to provide the service, not the actual provision of the service. Mr. Deis said staff will research this issue and provide additional information at the February 28 Council meeting.
In response to Councilmember Ransom, Mr. Bauer said the former TCI system has the capacity to provide approximately 43 channels without digital compression technology and approximately 90 channels with that technology. He advised that the upgraded Chambers Cable system can provide more than 70 channels without digital compression. He explained that AT&T has committed to upgrade the former TCI system by August 12 to provide a minimum of 75 channels plus Internet access.
In response to Councilmember Grossman, Mr. Bauer confirmed the position of AT&T that the City’s regulatory authority is limited to requiring AT&T to meet the requirements of the franchise between Chambers Cable and the City. He said staff will request that AT&T clarify further what it intends to do with the Chambers Cable system after it acquires it.
Mayor Jepsen requested that staff determine: 1) whether AT&T will operate one service area in Shoreline beginning August 12; and 2) the process to develop the PEG channel.
Councilmember Gustafson advocated that staff pursue the establishment of a facility (e.g., at Shoreline Community College or the Shoreline Center) to broadcast community programming over a PEG channel. Mr. Deis said the City has a contract with 3H Cable Communications Consultants regarding such a facility. He mentioned key questions about who will pay for the equipment and who will operate the facility.
Mayor Jepsen confirmed Council consensus to consider the authorization of the franchise transfer from Chambers Cable to AT&T at its February 28 meeting.
(a) Review of Draft Code Enforcement Policy and Procedure Manual
Mr. Stewart reviewed the Draft Code Enforcement Policy and Procedure Manual.
Code Enforcement Officer Sherri Dugdale presented three case studies:
1) The Customer Response Team (CRT) received a complaint about a car parked on the grass in the right-of-way. CRT discussed the problem with the property owner. The property owner moved the car to the driveway at the property.
2) CRT responded to complaints about junk vehicles and debris stored at a property. In spite of CRT efforts to obtain compliance, the perpetrator failed to correct the problems. Staff referred the case to the City Attorney, who filed a request in Superior Court for summary judgment and a permanent injunction against the property owner. The court granted the request, and City staff spent four days abating the nuisance—removing the vehicles and debris. The perpetrator subsequently stored more junk vehicles at the property in violation of the City code. The City has filed misdemeanor charges against him.
3) Responding to a complaint, the City Building Inspector verified that a developer had imported soil to a site without a grading permit and posted a stop work order. Responding to a complaint that the developer was importing still more soil, staff intercepted the dump truck at the site, re-posted the stop work order and sent notice and an order to the developer and the land owner.
Mr. Stewart said Ms. Dugdale is working through an inventory of intake files. He noted that staff will soon address the code enforcement section of the Draft Development Code with the Planning Commission. Finally, he commented that ongoing staff action on particular cases will further the development of a code enforcement program reflective of community values.
Mayor Jepsen invited public comment.
(a) Virginia Botham, 16334 Linden Avenue N, described the difficulty she had 15 years ago in defending herself against a code violation complaint filed with the County. She thanked the City for including compliance letters as part of its code enforcement process.
(b) Janet Way, 940 NE 147th Street, stressed the need to assure compliance with City codes. She advocated that the City take proactive steps to educate applicants for building permits about what will be expected of them.
(c) Richard Johnsen, 16730 Meridian Avenue N, questioned the size of the posting of the first stop work order mentioned in the third case study. He mentioned that some citizens see City code enforcement as an infringement on their personal property rights.
In response to Mayor Jepsen, Ms. Dugdale described the stop work order as an 8½-by-11-inch fuchsia-colored sign on a three-foot stake. Mayor Jepsen went on to comment that the City must consider public safety as well as personal property rights. He noted the levels of priority listed on page four of the draft code enforcement manual.
Mayor Jepsen asserted the value of violation letters to document the activity of the City. Mr. Stewart summarized the record keeping that staff performs after the City receives a complaint. He agreed that documentation is critical.
Mayor Jepsen questioned the statement on page 14 of the draft manual that a notice of infraction "Requires action by Shoreline City Council." Ms. Dugdale and Mr. Stewart explained that the provisions concerning such notices are part of the code enforcement section of the Draft Development Code and that Council action on the draft code is necessary for the provisions to take effect.
Mayor Jepsen advocated that staff follow up after issuing permits to insure that applicants comply with City codes. Mr. Stewart acknowledged the need to improve the systematic monitoring of permitted building activity.
In response to Councilmember Grossman, Mr. Stewart confirmed that permits are public records. He said staff is in the process of procuring a computer system to consolidate, track and record CRT, code enforcement and permit activity by site.
In response to Councilmember Lee, Ms. Dugdale said the "Notice and Order to Correct" provides the property owner 30 days to commence corrective action. She explained the goal to promote steps toward compliance. In response to Mayor Jepsen, Ms. Dugdale confirmed that a stop work order does not expire until the property owner has completed the required corrective action.
In response to Councilmember Lee, Ms. Dugdale said the amount of the civil penalty specified under 4(a) of the "Notice and Order to Correct" resulted from City adoption of the County code enforcement procedures. Mr. Stewart said the Draft Development Code establishes new amounts, including stringent penalties for environmental violations.
In response to Councilmember Gustafson, Mr. Stewart said the City paid contractors $10,000 to remove the junk vehicles and debris from the property of the second case study. Mr. Sievers said the City will file a lien against the property for the $10,000 plus reasonable attorney’s fees. Mr. Stewart mentioned plans to assess staff costs in future cases consistent with Council direction regarding cost recovery.
(b) Park Maintenance Standards Manual
Kirk Peterson, Parks Superintendent, reviewed the staff report, including examples of specific maintenance standards.
Noting that water from drinking fountains at City parks tastes of rust, Councilmember Lee asked if plumbing for drinking fountains is subject to regular maintenance. Mr. Peterson said staff flushes the systems with air each fall and with water each spring. He acknowledged the rust taste in the drinking water from older systems.
Councilmember Gustafson commended the manual and agreed that it will create maintenance efficiencies. He expressed concern about using trash receptacles with flat lids, noting the lids can be removed and lost, allowing birds to get into the trash. Mr. Peterson said the City will use receptacles with flat lids infrequently, in low-use areas. He mentioned that staff chains the lids to the receptacles.
In response to Councilmember Gustafson, Mr. Peterson confirmed that staff can replace timber slats on benches or picnic tables vandalized with carving.
Councilmember Ransom noted violations of signs stipulating "Dogs Must Be on Leash." He asked if the City will allow "voice control" of dogs in Shoreview Park. Ms. Barry said the park ordinance requires owners to leash their dogs. She asserted the need to establish standards in City parks regarding the leash requirement and to reeducate the public. Noting that dogs respond unpredictably in unpredictable circumstances, she said the City seeks to assure the safety of all park visitors.
Councilmember Ransom said the County maintained ball fields to reasonably good standards, but it maintained passive parks to very minimal standards. Mr. Peterson and Ms. Barry said staff is preparing a synopsis of service levels, with cost estimates, for Council review.
Mayor Jepsen recommended that staff specify the size of uprights to be used for stationary bollards. He advocated that staff use wood uprights of the same size for removable bollards.
In response to Councilmember Lee, Ms. Barry noted the expense and the neighborhood politics of lighting tennis courts.
Councilmember Gustafson asked if the City has a process to consider grass infields, instead of skinned infields, at some facilities. Ms. Barry mentioned the master planning and design process. She said staff will address specific design elements with Council. She commented that minimum standards do not preempt variations among facilities.
(c) 2000 Proposed Recreation Scholarship Program
Ms. Barry reviewed the staff report. She distributed the following attachments: "2000 Recreation Program Scholarship Application;" the Recreation Program Scholarships policy; and a listing of scholarship programs and in-filled programs. She noted that the Parks, Recreation and Cultural Services Advisory Committee recommended approval of the proposed scholarship program.
In response to Councilmember Grossman, Ms. Barry estimated the annual fee revenue for parks and recreation at $800,000. He suggested that a one percent fee increase would double the amount of scholarship funding. He commented that the $4,500 revenue reduction included in the 2000 City budget represents a City contribution of one half of one percent of fee revenue toward scholarships. He noted that 15 percent of Shoreline School District students participate in the free or reduced lunch program. He said the recreation scholarship program is an opportunity for the City to make a large impact for a small amount of money. He asserted that the $4,500 City contribution for scholarships is too low.
Continuing, Councilmember Grossman suggested that staff ration scholarship funding to prevent its depletion before the end of the year and that it promote awareness of the scholarship program to increase contributions from the community.
Councilmember Gustafson asked about accepting "work in lieu of" fees to participate in recreation programs. Ms. Barry said staff has not done enough research yet to provide a recommendation to Council.
Councilmember Ransom commented that the $4,500 City contribution for scholarships seems insufficient. He acknowledged that the Teen Program is funded wholly by the City, but he noted that the City does not match the funds the County contributes toward recreation scholarships. He asserted that City support should be larger.
Ms. Barry said staff will report to Council with recommendations if scholarship funding runs low before the end of the year.
Mayor Jepsen confirmed Council consensus in support of the proposed Parks, Recreation and Cultural Services Scholarship Program.
MEETING EXTENSION
At 10:00 p.m., Deputy Mayor Hansen moved to extend the meeting until 10:15 p.m. Mayor Jepsen confirmed Council consensus in support of the extension.
7. CONTINUED PUBLIC COMMENT
(a) Richard Johnsen, 16730 Meridian Avenue N, advocated an outdoor stage for folk dancing in Shoreline.
8. ADJOURNMENT
At 10:05 p.m., Mayor Jepsen declared the meeting adjourned.
__________________________
Sharon Mattioli, CMC
City Clerk