CITY OF SHORELINE

SHORELINE CITY COUNCIL

SUMMARY MINUTES OF REGULAR MEETING

Monday, July 24, 2000

7:30 p.m.

Shoreline Conference Center

Mt. Rainier Room

PRESENT: Deputy Mayor Hansen, Councilmembers Grossman, Lee, Montgomery and Ransom

ABSENT: Mayor Jepsen and Councilmember Gustafson

1. CALL TO ORDER

The meeting was called to order at 7:35 p.m. by Deputy Mayor Hansen, who presided.

2. FLAG SALUTE/ROLL CALL

Deputy Mayor Hansen led the flag salute. Upon roll call by the City Clerk, all Councilmembers were present with the exceptions of Mayor Jepsen and Councilmember Gustafson.

Councilmember Ransom moved to excuse Mayor Jepsen and Councilmember Gustafson. Councilmember Lee seconded the motion, which carried 5-0.

3. REPORT OF CITY MANAGER

Assistant City Manager Larry Bauman requested direction regarding the January 2001 Council calendar. The first Monday—January 1—is a holiday, and Shoreline Conference Center staff is off January 2. Mr. Bauman said the City could pay $150 for custodial services to hold a Council meeting January 2, or Council could hold a meeting on each of the four remaining Mondays in January.

Deputy Mayor Hansen confirmed Council consensus in favor of beginning the 2001 Council meeting year on January 8 and meeting on January 29—the fifth Monday—if necessary.

Mr. Bauman went on to discuss "Super Clean Sweep Day 2000," scheduled September 16. He also noted the community building event September 23 to collect litter and debris at Hamlin Park.

Finally, Mr. Bauman noted an off-docket item for Council consideration regarding an attorney services contract.

4. REPORTS OF BOARDS AND COMMISSIONS

Deputy Mayor Hansen mentioned "Night Out Against Crime" August 1.

Councilmember Montgomery said the July 20 Regional Transit Committee meeting concerned the Transportation Reform and Improvement Plan (TRIP 21) proposed by King County Executive Ron Sims. Under TRIP 21, one third of the revenues from a 0.03 percent sales tax increase would go to capital projects. Councilmember Montgomery said County Councilmember Fimia discussed a resolution to dedicate this third of the revenues to local jurisdictions for transit uses. Councilmember Montgomery explained that this resolution would affect funding for the extension of Link light rail to Northgate, which she supports.

Next, Councilmember Montgomery discussed the last meeting of the Seashore Forum. She said she questioned the potential impact of Initiative 745 on TRIP 21 revenues. King County staff explained that County attorneys are addressing the question, that they do not think I-745 would apply to TRIP 21 and that, if it did, the County would probably repeal TRIP 21.

In response to Councilmember Ransom, Deputy Mayor Hansen said the Suburban Cities Association has not taken a position regarding the dedication of potential TRIP 21 revenues.

Deputy Mayor Hansen said he attended the July 20 meeting of the King County North Treatment Facilities Siting Advisory Committee.

5. PUBLIC COMMENT

(a) Ken Howe, 745 N 184th Street, commented that Shoreline is being identified as a location for gambling. He submitted a copy of an initiative to the Edmonds City Council prohibiting card rooms in the City of Edmonds. He expressed concern that Shoreline not be isolated as "the gambling capital of Puget Sound."

(b) Kathy Halliburton, 18315 Wallingford Avenue N, asked Council to consider the schedule of the Shoreline School Board and the need for regular versus workshop meetings as it plans its January 2001 meeting calendar.

6. APPROVAL OF THE AGENDA

Councilmember Ransom moved to approve the agenda, adding the off-docket item regarding an attorney services contract as item 8(b). Councilmember Lee seconded the motion, which carried 5-0.

7. CONSENT CALENDAR

Councilmember Ransom moved approval of the consent calendar. Councilmember Montgomery seconded the motion, which carried 5-0, and the following items were approved:

Minutes of Joint Dinner Meeting of May 22, 2000
Minutes of Joint Dinner Meeting of June 26, 2000
Minutes of Dinner Meeting of July 10, 2000
Minutes of Regular Meeting of July 10, 2000

Approval of payroll and expenses as of July 6, 2000 in the amount of $1,138,549.76

Ordinance No. 245 extending Solid Waste Collection Franchises

8. ACTION ITEMS: OTHER ORDINANCES, RESOLUTIONS AND MOTIONS

(a) Ordinance No. 244 establishing new regulations for siting telecommunication utilities within the public rights-of-way; and amending Shoreline Municipal Code Chapter 12.25 and Ordinance No. 238, Exhibit "A" Chapter II and Sections III 3, IV 3 B (W) 5, 6 and VII 5 B, D

Kristoff Bauer, Assistant to the City Manager, reviewed the staff report.

Councilmember Montgomery moved to adopt Ordinance No. 244 establishing new regulations for siting telecommunication utilities within the public rights-of-way. Councilmember Lee seconded the motion.

Councilmember Ransom noted that telecommunications providers pay rent for private property on which they locate equipment. He asked if providers will pay comparable fees to the City for use of public right-of-way. Mr. Bauer explained that the City may charge fees for new telecommunications facilities installed on a structure the City owns or extending above 60 feet. He said such fees must be "analogous to fees charged by comparable governmental entities." He noted the difficulty of defining what comparable governmental entities are charging given that few arrangements exist. He mentioned that the Washington State Department of Transportation and the Washington State Department of Natural Resources both charge rental fees for location of facilities within their rights-of-way. He indicated that it would be reasonable for the City to consider comparable private rates.

In response to Councilmember Ransom, Mr. Bauer said the City currently owns only the traffic signal poles within Shoreline. He said the City may eventually own or lease the streetlight poles within Shoreline—he noted that the City’s franchise with Seattle City Light includes the opportunity for a City street lighting utility.

In response to Councilmember Lee, Mr. Bauer said State law limits City charges for obtaining a franchise agreement to recovery of permit processing costs. He explained that the City needs to increase the amount of the deposit to accommodate the cost of publishing franchises, as well as other City costs.

In response to Councilmember Lee, Mr. Bauer agreed to research whether the City needs to continue to publish franchises in both newspapers. He asserted that City costs for processing franchises are reasonable. He said Ordinance No. 244 provides a quicker, less expensive process through the Right-of Way Site Permit.

A vote was taken on the motion to adopt Ordinance No. 244 establishing new regulations for siting telecommunication utilities within the public rights-of-way and amending Shoreline Municipal Code Chapter 12.25 and Ordinance No. 238, Exhibit "A" Chapter II and Sections III 3, IV 3 B (W) 5, 6 and VII 5 B, D. The motion carried 5-0.

(b) Motion to authorize the City Manager to execute an amendment of the professional services contract with Preston Gates and Ellis to authorize attorney's fees not to exceed $35,000 plus necessary expenses for defense of Parker's Casino v. City of Shoreline

City Attorney Ian Sievers reviewed the staff report.

Councilmember Lee moved to authorize the City Manager to execute an amendment of the professional services contract with Preston Gates and Ellis to authorize attorney's fees not to exceed $35,000 plus necessary expenses for defense of Parker's Casino v. City of Shoreline. Councilmember Montgomery seconded the motion.

Councilmember Grossman said he is uncomfortable spending an additional $10,000 on this case. He commented that he would rather spend the money on "something constructive" in the City of Shoreline.

In response to Councilmember Ransom, Mr. Sievers provided a brief summary of the main events in the case. He said the additional funds will cover the cost to consolidate the briefings on the vesting question, to file them with the court of appeals and to provide some oral argument.

Deputy Mayor Hansen said he concurs with Councilmember Grossman's comments. However, he noted that these are funds for defense, as opposed to prosecution. He asserted that the City is obligated to defend its positions.

Councilmember Ransom commented that the City needs to complete what it has started. He advocated that Council consider any further appeals in executive session.

A vote was taken on the motion to authorize the City Manager to execute an amendment of the professional services contract with Preston Gates and Ellis to authorize attorney's fees not to exceed $35,000 plus necessary expenses for defense of Parker's Casino v. City of Shoreline. The motion carried 4-1, with Council-member Grossman dissenting.

9. CONTINUED PUBLIC COMMENT: None

10. ADJOURNMENT

At 8:25 p.m., Deputy Mayor Hansen declared the meeting adjourned.

 

___________________________
Sharon Mattioli, CMC
City Clerk