CITY OF SHORELINE
SHORELINE CITY COUNCIL
SUMMARY MINUTES OF REGULAR MEETING
Monday, February 14, 2000
7:30 p.m.
Shoreline Conference Center
Mt. Rainier Room
PRESENT: Mayor Jepsen, Deputy Mayor Hansen, Councilmembers Grossman, Gustafson, Montgomery and Ransom
ABSENT: Councilmember Lee
1. CALL TO ORDER
The meeting was called to order at 7:30 p.m. by Mayor Jepsen, who presided.
2. FLAG SALUTE/ROLL CALL
Mayor Jepsen led the flag salute. Upon roll call by the City Clerk, all Councilmembers were present, with the exception of Councilmember Lee.
Upon motion by Councilmember Gustafson, seconded by Deputy Mayor Hansen and unanimously carried, Councilmember Lee was excused.
3. REPORT OF CITY MANAGER
City Manager Robert Deis requested a ten-minute Executive Session at the beginning of the meeting to discuss potential litigation.
Next, Mr. Deis distributed a memorandum regarding Transportation Improvement Board (TIB) 2001 funding announcements. The City received TIB funding for 75 percent of the applications it submitted for a total of $5.45 million. In addition, the TIB recommended to the State Legislature $581,155 in grant funding for the Interurban Trail Phase II.
4. REPORTS OF BOARDS AND COMMISSIONS: None
5. PUBLIC COMMENT: None
6. APPROVAL OF THE AGENDA
Deputy Mayor Hansen moved to approve the agenda. Councilmember Gustafson seconded the motion.
Councilmember Ransom moved an amendment to add an Executive Session as the next item of business. Deputy Mayor Hansen seconded the motion, which carried unanimously.
Councilmember Ransom asked to pull the minutes of the Regular Meeting of January 24, 2000 from the Consent Calendar.
A vote was taken on the motion to approve the agenda as amended, which carried unanimously.
EXECUTIVE SESSION
At 7:38 p.m., Mayor Jepsen announced that Council would recess into Executive Session for ten minutes to discuss one item of potential litigation. At 7:52 p.m., the Executive Session concluded, and the regular meeting reconvened.
7. CONSENT CALENDAR
Councilmember Montgomery moved to approve the consent calendar. Council-member Gustafson seconded the motion, which carried 6-0, and the following items were approved:
Minutes of Dinner Meeting of January 10, 2000
Minutes of Workshop Meeting of January 18, 2000
Minutes of Dinner Meeting of January 24, 2000
Approval of expenses and payroll as of January 27, 2000 in the amount of $517,857.60
Motion to authorize the City Manager to execute an agreement for design and inspection support services for the Shoreline swimming pool with the ORB Organization, in an amount not to exceed $149,000
RECESS
At 7:55 p.m., Mayor Jepsen declared a five-minutes recess to provide Council the opportunity to determine the time frames for the public hearing. At 8:00 p.m., the meeting reconvened.
8. ACTION ITEMS: PUBLIC HEARINGS
(a) Closed record appeal hearing of Planning Commission recommendations for denial of the Elena Lane Rezone and Subdivision
In response to Mayor Jepsen’s request that Councilmembers disclose ex parte communication with any interested parties, Deputy Mayor Hansen disclosed that he has had business dealings with the engineering firm representing the appellant in his public accounting practice. He explained that none of the dealings were relevant to the Elena Lane Rezone and Subdivision.
Noting that ten parties of record signed up to testify, Mayor Jepsen limited the testimony of each party of record to two minutes. He went on to explain the order of the proceedings.
Tim Stewart, Planning and Development Services Director, reviewed the "Executive/ Council Summary" that staff included in the Council packet on this agenda item.
Mayor Jepsen opened the public hearing.
G. Richard Hill spoke as counsel for Eric Sundquist, the project applicant who filed the appeal of the Planning Commission recommendations. Mr. Hill described the proposed rezone and subdivision. He asserted that the change from R-6 to R-12 zoning is consistent with the Medium Density Residential land use designation in the Comprehensive Plan. He noted that R-12 zoning would allow 18 units on the site; whereas, the proposed subdivision includes 15 dwelling units on 16 lots.
Mr. Hill identified conclusions one through four and conclusion six from Section III of the "Planning Commission Findings and Recommendation" as important factual findings. He attributed the Commission recommendation to deny the project to its finding that the project is not consistent with the Comprehensive Plan. He noted the four policies from the Comprehensive Plan that the Commission referenced in its report, and he asserted that the proposed project is consistent with each:
Mr. Hill asserted that the proposed development is compatible with other developments in the neighborhood. He urged Council not to choose the alternative of rezoning the property R-8, and he set out the following reasons for this position: 1) R-12 zoning is consistent with the Comprehensive Plan; 2) R-8 zoning would allow four or five fewer units, frustrating the City’s housing targets and setting a precedent for similar rezones; 3) the fewer units allowed under R-8 zoning would be more costly, frustrating the City’s goal to support affordable housing; 4) an R-8 designation would not be equitable with other similarly-situated rezones where the City allowed higher density; and 5) R-8 zoning would pose a significant delay, requiring the applicant to submit a new subdivision application and to complete the process again.
Mr. Sundquist mentioned his background in Shoreline. He said he applied City codes and regulations in determining the best use for the site. He noted other ways he could have developed the property. He said he considered single-family homes on small lots, subject to the same setbacks as those under which the surrounding neighborhood developed, to be the most compatible in appearance and price. He mentioned other positive attributes of the proposed development, and he asserted that the project deserves Council approval.
(1) Judith Chandler, 18016 Stone Avenue N, said she submitted a letter to Council in advance of the deadline. She disputed the staff explanation that the letter contained new information—she said a representative of the applicant raised the subject at the last hearing. She objected to the exclusion of the letter from the Council packet. She estimated the numbers of residents, pets and vehicles that would result from the proposed development. She commented that overcrowding and "bad buildings" could turn the neighborhood into a slum.
(2) Daniel Mann, 17920 Stone Avenue N, distributed excerpts from the housing element of the Comprehensive Plan. He said the application is inconsistent with the framework goals of the Comprehensive Plan. Referring to FG-2, he commented that the application is incompatible with the surrounding environment. He said Stone Avenue currently serves as a transition between multi-family/duplex housing on the west side of the street and single-family residential housing on the east side of the street. Referring to H-3, he asserted that the size of the lots in the proposed subdivision are not consistent with those in the area, which typically range from 6,000 to 7,000 square feet, with some as small as 5,000 square feet and some as large as 10,000 square feet. He said the alternative of rezoning the property R-8, while increasing density, would be more compatible and consistent with surrounding lots.
(3) Rodney Anderson, 18021 Ashworth Avenue N, disputed the last sentence of the "Project Description" on page 42 of the Council packet. He said the storm water runoff resulting from the increase in impervious surface at the site will ultimately end up in Ronald Bog. He asserted that the trees the applicant has proposed to preserve belong to a neighboring property owner. He commented that a six-foot fence will not screen a 24- to 30-foot-tall house. He said the proposed development is too dense for the neighborhood. He urged Council to exercise "the latitude for judgment" allowed it under the Comprehensive Plan and reject the application.
(4) Martin Kral, 1317 N 183rd Street, discussed impacts to his property from the proposed subdivision, including shade and loss of privacy. He asserted that the application is incompatible with the neighborhood.
(5) Colleen Holbrook, 1361 N 180th Street, opposed the scale of the proposed subdivision. She asked why the concerns raised at the previous hearing remain unaddressed. She advocated construction of a smaller subdivision at the site.
(6) Rosalind Bates, 18027 Ashworth Avenue N, said the proposed development will cause the value of surrounding properties to decrease and will cause terrible storm water runoff and traffic congestion. She asked if the developer will be held accountable in the event the proposed storm water detention system fails. She said the proposed subdivision is not consistent with the neighborhood.
(7) Brian Lee, 18018 Stone Avenue N, said the zoning of the property should remain R-6. He asserted that elements of the Comprehensive Plan (e.g., transitions, design factors and setbacks) support this designation. He disputed the calculation of the current density of the block as seven units per acre; he said it would qualify as R-4. He asserted the validity of the concerns of the neighboring property owners, and he suggested amendments to the Comprehensive Plan. He questioned the compatibility of the homes within the subdivision, given the proposed density. In response to Mr. Hill’s letter of February 7, he said the rezones at 15282 Dayton Avenue N and 20028 15th Avenue NE are not comparable with the subject application.
(8) Martin Kral, 1317 N 183rd Street, asked neighborhood residents to identify themselves. He reiterated concerns about the compatibility of new developments with existing housing.
Mr. Hill acknowledged the concerns of neighborhood residents. He said the applicant made reasonable efforts in the project design to address such concerns. He reiterated that the application is consistent with the Comprehensive Plan. He commented that a development does not have to have the same density as the surrounding neighborhood to be considered compatible. He said the City identified areas in Shoreline that could accommodate increased density to meet the City’s housing targets. He urged Council to approve R-12 zoning consistent with the land-use designation in the Comprehensive Plan.
Councilmember Grossman moved to close the closed record appeal hearing. Councilmember Ransom seconded the motion, which carried unanimously.
Councilmember Ransom moved to deny the appeal and recommend rezone of the subject property to R-8 and review of a revised plat consistent with this zoning by the Planning Commission. Councilmember Gustafson seconded the motion.
In response to Councilmember Grossman’s request for a definition of compatibility, City Attorney Ian Sievers said the application must be compatible with the Comprehensive Plan and must satisfy the criteria the City adopted by reference from the King County Code. He went on to quote from King County Code 20.24.180: "the decision will not be unreasonably incompatible with, or detrimental to, effected properties in the general public."
Councilmember Grossman questioned the "normal process" for determining the zoning of a property subject to a land-use designation. Mr. Stewart said the policies of the Comprehensive Plan qualify the zoning of a property within the range of its land-use designation.
Councilmember Ransom discussed the Council intent behind the land-use designations in the Comprehensive Plan. He said Council had intended the development under R-12 zoning on the west side of Stone Avenue of apartment buildings buffered by surrounding green space, not subdivisions of multiple, small, single-family residences with very little surrounding green space. He added that Council had decided not to allow multi-family housing on the east side of Stone Avenue. He asserted that R-8 zoning on the east side of Stone Avenue is a more reasonable transition. He said this is especially true given the lack of multi-family units on the west side of the street at this time. He commented that the proposed subdivision "looks extremely cramped" and that it will have a significant impact on the surrounding neighborhood. He encouraged Council to support the Planning Commission denial of the request to rezone the property to R-12.
Mr. Stewart recalled that one of the many proposed amendments to the land-use map in the Comprehensive Plan requested the designation of the east side of Stone Avenue in this area as low density. Councilmember Ransom responded that Council may wish to apply the least dense zoning of the medium-density land-use designation.
Councilmember Gustafson agreed. He mentioned Council adoption of the moratorium on short plats of less than 7,200 square feet in response to opposition to 2,500- and 5,000-square-foot short plats. He noted Council support of high-quality development that is compatible with the surrounding environment. He said he favors a City target for new housing units on the "low side" of the range from 1,600 to 2,400. He asserted that R-8 zoning is more appropriate for the subject property. He supported Councilmember Ransom’s motion.
Councilmember Grossman noted the City’s obligation under the Growth Management Act (GMA) to provide new housing units. He said Shoreline is responsible as a community for addressing its housing issues. Noting the range of zoning possible within the Medium Density Residential land use designation, he asserted that R-8 is a reasonable approach for the subject property during the interim before the City completes the land-use planning process.
Deputy Mayor Hansen questioned the impact on the selling prices of the homes in the proposed subdivision of R-8 zoning. He noted the City’s goal of providing affordable housing.
In response to Deputy Mayor Hansen, Mr. Stewart confirmed that City engineering staff testified that the storm water management system of the proposed development would improve surface water drainage in the area. Deputy Mayor Hansen commented that R-8 zoning would allow approximately 11 units at the property and that R-6 zoning would limit development to eight units. Mr. Stewart agreed. Deputy Mayor Hansen asked if the storm water management system of a development under R-8 zoning would provide the same drainage control as that of the proposed development under R-12 zoning. Mr. Stewart explained that the applicant will need to submit a new plat if Council recommends R-8 zoning for the property. Deputy Mayor Hansen said the storm water management system represents a substantial part of the development cost.
In response to Deputy Mayor Hansen, Mr. Stewart agreed that zoning the property R-6 is not compatible with the Comprehensive Plan. Deputy Mayor Hansen expressed concern about the density of the proposed subdivision.
In response to Councilmember Montgomery, Mr. Stewart said if the City rezoned properties in accordance with the Comprehensive Plan all at once, instead of one at a time, the west half of the block between Stone Avenue and Ashworth Avenue would be zoned R-12.
Mayor Jepsen noted the dilemma of having a Comprehensive Plan, which attempts to address growth, without having a development code to qualify how such growth should occur. He said lot size is less important to him than scale. He asserted his inclination toward R-8 zoning given the scale of the proposed housing units. He commented that smaller, less tall or attached units might justify R-12 zoning. Mr. Stewart agreed that the development code will provide objective criteria on issues such as scale and design. He said staff evaluated the proposed subdivision under the policies in the Comprehensive Plan.
In response to Mayor Jepsen, Mr. Stewart said open space would still be required under R-8 zoning.
Mayor Jepsen noted contract rezone requests that Council reviewed previously that placed conditions on the structures, as well as on the land use and infrastructure, of the proposed development. Mr. Stewart mentioned condition 10 on page 199 of the Council packet, which limits construction in the subdivision to those homes "as proposed on plans submitted . . . on November 3, 1999."
Councilmember Montgomery agreed with Mayor Jepsen’s comments about the scale of the proposed subdivision. She said attached housing units would appear less dense and justify R-12 zoning.
Councilmember Grossman noted that Shoreline residents opposed the approach of increasing landscape buffering by concentrating housing during the preparation of the Comprehensive Plan. He suggested that the City might reconsider this approach as a future amendment to the Comprehensive Plan.
A vote was taken on the motion to deny the appeal and recommend rezone of the subject property to R-8 and review of a revised plat consistent with this zoning by the Planning Commission. The motion carried 4-2, with Deputy Mayor Hansen and Councilmember Montgomery dissenting.
9. ACTION ITEMS: OTHER ORDINANCES, RESOLUTIONS AND MOTIONS
(a) Alternate Ordinance No. 228 rezoning property at 18034 N. Stone Avenue from R-6 to R-8 and remanding the preliminary plat to the Planning Commission for reconsideration
Mr. Stewart said the proposed ordinance would rezone the property from R-6 to R-8 and remand the application to the Planning Commission for additional platting.
Deputy Mayor Hansen moved that Council adopt the alternate version of Ordinance No. 228 as found on page 216 of the Council paket. Councilmember Ransom seconded the motion, which carried 6-0. [The alternate version of Ordinance No. 228 was designated Ordinance No. 228 for the record.]
(b) Motion to authorize the City Manager to execute an agreement for Design Services #1 for the Interurban Trail with OTAK, Inc., in an amount not to exceed $483,000
Bill Conner, Public Works Director, introduced Dan Dawson and Nico Vanderhorst of OTAK, Inc. and Paul Cornish, Project Engineer. He went on to review the staff report and the scope of work (Attachment A). He noted that the $483,000 includes a management contingency reserve of $42,000. He said the City has received $2.85 million of the $7.5 million needed to fund the Interurban Trail.
Mayor Jepsen invited public comment.
(1) Ken Howe, 745 N 184th Street, stressed the historical significance of the Interurban. He advocated that planning for the trail address the potential development of a trolley system. He expressed his desire to remain involved with the project in order to preserve the history of the Interurban through Shoreline.
(2) Martin Kral, 1317 N 183rd Street, advocated Council authorization of the proposed agreement and Council support of efforts to secure additional private funding.
Mayor Jepsen said Council has discussed, and will continue to consider, the potential for motorized trolleys on the Interurban Trail.
Councilmember Gustafson moved that Council authorize the City Manager to execute an agreement for Design Services #1 for the Interurban Trail with OTAK, Inc., in an amount not to exceed $483,000. Councilmember Ransom seconded the motion.
Mayor Jepsen expressed his appreciation for staff efforts to coordinate work on the Interurban Trail with that on the Aurora Corridor. He said the construction of the southern section of the Aurora Corridor must be timed to coincide with the construction of the southern section of the Interurban Trail. He noted that work on the Aurora Corridor may present opportunities for the Interurban Trail crossing at 155th Street.
Mayor Jepsen suggested that staff invite County Councilmember Maggi Fimia and County Executive Ron Sims to participate on the Interurban Trail Technical Advisory Committee. In addition, he mentioned that County Councilmember Fimia and the Westminster Triangle Network have discussed the opportunity to purchase additional property at the trailhead at 145th Street. Mr. Deis said staff visited the property and recommended that the City postpone purchase consideration until it has completed the preliminary design.
Councilmember Ransom questioned the difference between the $483,000 cost for Design Services #1 and the $1.3 million total cost for Interurban Trail design. Referring to Table 1 on page 223 of the Council packet, Mr. Conner explained the services included in the proposed agreement. He clarified that staff will return to Council to request the additional $700,000 in funds necessary to complete the design work.
In response to Councilmember Ransom, Mr. Conner acknowledged the study that the Parks, Recreation and Cultural Services Department conducted regarding the crossing at 155th Street.
Councilmember Gustafson asked if the listing of Puget Sound salmon under the Endangered Species Act (ESA) will increase the costs of the Interurban Trail project. Mr. Conner said staff expects the project to receive a finding of no significant impact under the National Environmental Policy Act and anticipates an equivalent ruling under the ESA.
Councilmember Gustafson encouraged the aggressive pursuit of additional grant funding. He advocated the reduction of design costs from 13.5 to ten percent of the total project costs. He supported the consideration of the connection of the Interurban Trail to the Burke Gilman Trail via 195th Street and the pedestrian crossing over I-5. He suggested an underpass at 175th Street to circumvent heavy vehicle traffic. He agreed with Mayor Jepsen’s comments about the importance of coordinating work on the Interurban Trail and the Aurora Corridor.
Councilmember Grossman supported multi-modal uses of the Interurban Trail, including pedestrians, roller blades, bicycles, wheelchairs and trolleys. He expressed concern about duplicating work already performed in the Jones and Jones pre-design report such as base mapping. Mr. Conner noted the need for more detailed mapping.
Councilmember Grossman expressed enthusiasm about the Interurban Trail project. He mentioned that Regional Transit Authority projects may decrease the availability of skilled tradespeople and engineers and, thereby, increase the costs of the Interurban Trail.
Deputy Mayor Hansen questioned the "Recreational Technical Memorandum" addressed in Section 6.5 of the scope of work. Mr. Conner explained the goal to link the trail effectively with the City parks in its path.
In response to Deputy Mayor Hansen, Mr. Conner identified the "Reconnaissance BA" in Section 6.6 of the scope of work as a biological assessment that is part of the environmental analysis for the project. He reiterated that staff does not anticipate a necessity for any in-depth environmental or biological analysis.
MEETING EXTENSION
At 10:00 p.m., Deputy Mayor Hansen moved that Council extend the meeting until 10:30 p.m. Councilmember Ransom seconded the motion, which carried 5-1, with Councilmember Gustafson dissenting.
Councilmember Ransom questioned the indication on the on page 242 of the Council packet of separate eastern trail routes at 195th Street and 200th Street. Mr. Conner said the area from 195th Street to 205th Street has not been studied previously; therefore, staff has identified two proposed alignments.
In response to Deputy Mayor Ransom, Mr. Conner confirmed that the northern trailhead identified in the map would connect directly with the Snohomish County portion of the Interurban Trail.
In response to Councilmember Gustafson, Mr. Conner said staff intends to utilize the already-existing trail in the Ballinger Homes development between 195th Street and 205th Street.
A vote was taken on the motion to authorize the City Manager to execute an agreement for Design Services #1 for the Interurban Trail with OTAK, Inc., in an amount not to exceed $483,000. The motion carried 6-0.
(c) Motion to authorize the City Manager to execute a lease with Royal Property Management for office space in the Shoreline Business and Professional Center and to delegate authority to the City Manager to approve immaterial changes to the lease
Kristoff Bauer, Assistant to the City Manager, reviewed the staff report. Referring to the proposed lease, he explained that the last paragraph of "Option to Renew" (page 256 of the Council packet) provides some protection from the costs of a holdover period as addressed under "Holding Over" (page 255 of the Council packet). Finally, he distributed information concerning the City’s additional rent costs updated to reflect information provided by the landlord.
Deputy Mayor Hansen moved to authorize the City Manager to execute a lease with Royal Property Management for office space in the Shoreline Business and Professional Center substantially in the form attached. Councilmember Ransom seconded the motion.
In response to Councilmember Ransom, Mr. Bauer confirmed that staff has received three originals of the proposed lease executed by the current property manager.
Councilmember Grossman questioned the staff estimate that the proposed rental rate is 11 percent higher than market rates given the unavailability of office space in Shoreline.
In response to Deputy Mayor Hansen, Mr. Bauer confirmed the combined rate of $19.07 per square foot during the first year term of the lease. Presuming no increase in common area costs, Deputy Mayor Hansen estimated a combined rate of $19.99 during the second year and $20.47 during the third year. He commented that the City is paying premium rates, but he recommended approval of the lease.
A vote was taken on the motion to authorize the City Manager to execute a lease with Royal Property Management for office space in the Shoreline Business and Professional Center substantially in the form attached and to delegate authority to the City Manager to approve immaterial changes to the lease. The motion carried 6-0.
10. CONTINUED PUBLIC COMMENT
(a) Kevin Schindele, 634 N 203rd Lane, commented about problems of low water pressure in his neighborhood and requested City assistance.
(b) Virginia Botham, 16334 Linden Avenue N, mentioned that residents in her neighborhood funded a new water line through a local improvement district (LID). She thanked Council for zoning the property at 18034 N Stone Avenue R-8. She said staff used the least dense zoning in determining the number of housing units possible under the land-use designations of the Comprehensive Plan. She asserted that the City will meet the number of new housing units required of it under the GMA. She commented that Council decisions on particular properties set precedents that affect other properties. She noted that Shoreline residents have become knowledgeable about land use issues, and she encouraged Council to nominate knowledgeable, experienced residents to the vacancies on the Planning Commission.
(c) Walt Hagen, 711 N 193rd Street, thanked Council for zoning the property at 18034 Stone Avenue R-8. He asserted that Shoreline will meet the minimum number of new housing units required of it under the GMA. He questioned Council’s position on the "blanket rezone" of Shoreline to the Comprehensive Plan.
(d) Michael Bosch, 1311 N 183rd Street, noted an "overabundance" of traffic on N 183rd Street between Aurora Avenue and Meridian Avenue. He asserted the need to divert or slow the traffic.
(e) Daniel Mann, 17920 Stone Avenue N, thanked Council for listening to neighborhood residents. He said Council validated the Planning Commission’s effort "to find some middle ground that respects the rights of the neighbors." On another issue, he asked the City to involve the businesses along the Interurban right-of-way in the trail planning.
Mayor Jepsen asked staff to follow up with Mr. Schindele and Mr. Bosch. He went on to say that Interurban Trail planning, like that for the Aurora Corridor, will involve businesses as well as other community interests.
11. ADJOURNMENT
At 10:25 p.m., Mayor Jepsen declared the meeting adjourned.
_____________________________
Sharon Mattioli, CMC
City Clerk