CITY OF SHORELINE

SHORELINE CITY COUNCIL

SUMMARY MINUTES OF REGULAR MEETING

Monday, April 24, 2000

7:30 p.m.

Shoreline Conference Center

Mt. Rainier Room

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

ABSENT: Councilmembers Gustafson and Lee 

1. CALL TO ORDER

The meeting was called to order at 7:35 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 exceptions of Councilmembers Gustafson and Lee.

Upon motion by Councilmember Montgomery, seconded by Deputy Mayor Hansen and carried 5 - 0, Councilmembers Gustafson and Lee were excused.

3. REPORT OF CITY MANAGER

Robert Deis, City Manager, reported that the Washington Quality Initiative has selected Shoreline to receive a "Breaking the Mold" award for the Aurora Corridor Pre-Design Study. He said Planning Manager Kirk McKinley will receive the award May 23 on behalf of the City. He encouraged Councilmembers to attend the ceremony.

Mr. Deis noted the letter he received from King County Executive Ron Sims seeking City participation in a May 2 meeting to discuss a local-option gasoline tax. He identified the replacement of transit funding eliminated by passage of Initiative 695 as a primary County goal of such a tax. He proposed the development of a City position on a local-option gasoline tax.

4. REPORTS OF BOARDS AND COMMISSIONS: None

5. PUBLIC COMMENT

(a) Larry Luke, 15747 Greenwood Avenue N, urged the City to resurface the tennis courts at Shoreview Park. He said normal wear and tear necessitates resurfacing every six years; whereas, the courts at Shoreview Park have gone without resurfacing for over 13 years. He also advocated the enforcement in Shoreview Park of the City law requiring that dogs be leashed.

(b) Patty Crawford, 2326 N 155^th Street, reviewed the 1997 letter of a fish biologist regarding Thornton Creek. The biologist noted the capture of a healthy cutthroat trout from a culvert at 155^th Street, asserted that this reach of the creek is capable of supporting resident salmon and stated that the creek should be considered an environmentally-sensitive stream, not a ditch.

(c) Tim Crawford, 2326 N 155^th Street, said he and his wife are suing the City. He opposed the construction of a house within 21 feet of the creek. He stated his intent to have the house removed and the property restored to its original condition.

(d) Janet Way, 940 NE 147^th Street, expressed support for Thornton Creek. She said Development Services has allowed construction of a house 20 feet from the creek. She noted rainbow trout and cutthroat trout directly down stream from the property. She commented that many municipalities believe the recent listing of chinook salmon under the Endangered Species Act does not apply to them. She advocated bold action to save salmon.

(e) Harold Crawford, 2326 N 155^th Street, expressed disfavor with City handling of the home construction near Thornton Creek. He questioned how often the City has permitted construction along this and other streams in Shoreline. He advocated habitat restoration.

Wendy Barry, Parks, Recreation and Cultural Services Director, said staff has inspected the tennis courts at Shoreview Park. She explained that the maintenance superintendent is assessing all Shoreline tennis courts and that he will prioritize needs, determine costs and make recommendations. She said the City may be able to resurface tennis courts this year within the current maintenance budget; otherwise, staff will include the services in the next budget cycle.

Mayor Jepsen noted numerous comments to Council regarding dogs off leash in Shoreview Park. Ms. Barry said the Parks, Recreation and Cultural Services Advisory Committee has reviewed and supported a program of enhanced education to achieve voluntary compliance with the City leash law, enhanced enforcement and research to evaluate the appropriateness of an off-leash area. She anticipated a report to Council early next year.

In response to Mayor Jepsen, City Attorney Ian Sievers said he is not aware of a lawsuit concerning Thornton Creek. He recommended against Council comments on the issue given Mr. Crawford’s assertion of imminent legal action.

6. APPROVAL OF THE AGENDA

Councilmember Montgomery requested Council consensus to move agenda item 8 (c) to the consent calendar. She then moved to approve the agenda, as amended. Deputy Mayor Hansen seconded the motion, which carried unanimously.

7. CONSENT CALENDAR

Councilmember Montgomery moved to approve the consent calendar. Council-member Ransom seconded the motion, which carried 5-0, and the following items were approved:

Minutes of Joint Meeting with Woodway Town Council
Minutes of Dinner Meeting of April 10, 2000
Minutes of Regular Meeting of April 10, 2000

Approval of Expenses and Payroll as of April 7, 2000 in the amount of $1,290,635.68

Motion to authorize the City Manager to execute an interlocal agreement with King County Office of Public Defense to provide indigency screening services

Motion to authorize the City Manager to execute a contract with Hansen Information Technologies in the amount of $464,689 to purchase software and services for the City’s Information Technology Program and to approve contingencies of up to ten percent

Mr. Deis introduced the new Information Services Manager, Tho Dao.

8. ACTION ITEMS: OTHER ORDINANCES, RESOLUTIONS AND MOTIONS

(a) Resolution No. 167 approving the Preliminary Plat for Elena Lane creating 11 single-family homes on 12 lots (File No. 99-0845)

Rachael Markle, Senior Planner, reviewed the staff report. She noted the few changes in the remanded preliminary plat, including: the reduction of the number of lots; the resulting enlargement of the remaining lots; and the addition of an on-site detention pond.

Deputy Mayor Hansen moved adoption of Resolution No. 167. Councilmember Montgomery seconded the motion.

Councilmember Ransom recalled discussion during the February 14 appeal hearing of a regulation to impose a minimum lot size of 5,000 square feet in R-8 zones. Planning and Development Services Director Tim Stewart said the proposed regulation is in the Development Code Phase 2, which Council has yet to approve. Councilmember Ransom acknowledged that the regulation is not binding on the preliminary plat for Elena Lane. However, he said the rationale for the 5,000-square-foot minimum was to establish a transition between R-6 zones and other zones of higher density. Mr. Stewart commented that the proposal meets the current zoning code.

Mr. Deis explained that because the application is consistent with the zoning code, the City does not have the option to deny it.

Dividing the 1.4-acre development by the 11 homes proposed for construction, Council-member Grossman estimated the average lot size at almost 6,000 square feet. He said he would not oppose the proposal even if Council had the discretion to apply a 5,000-square-foot minimum lot size.

Mayor Jepsen noted that Council approved the reclassification of the property to R-8 and that the applicant revised the plat to comply with that zoning. He went on to say that he opposes detached, single-family dwelling units of this density.

Councilmember Ransom reiterated that Council has not yet adopted the regulation establishing a 5,000-square-foot minimum lot size in R-8 zones and that the preliminary plat for Elena Lane meets the current zoning code.

A vote was taken on the motion to adopt Resolution No. 167, approving the preliminary plat for Elena Lane, subject to the Planning Commission’s findings and recommendation, which carried 5-0.

(b) Appointments for Three Four-Year Terms to the Shoreline Planning Commission

Councilmember Grossman briefly discussed the deliberations of the ad hoc committee on which he, Mayor Jepsen and Councilmember Montgomery served.

Councilmember Grossman moved that Council fill the three remaining expiring positions on the Planning Commission with Marlin Gabbert, Brian Doennebrink and Carol Doering. Councilmember Montgomery seconded the motion, which carried unanimously.

(c) Motion to authorize the City Manager to execute a design services contract with MacLeod Reckord for Phase One of the Paramount School Park improvements and Skate Park in the amount of $156,305

Ms. Barry reviewed the staff report.

Mayor Jepsen invited public comment.

(1) Janet Way, 940 NE 147^th Street, spoke as a member of the Parks, Recreation and Cultural Services Advisory Committee. She agreed that the committee approved the ball field and skate park. She stressed that all plans should include adequate storm water detention.

Councilmember Montgomery moved to authorize the City Manager to execute the design services contract with MacLeod Reckord for Phase One of the Paramount School Park improvements and Skate Park in the amount of $153,305. Council-member Ransom seconded the motion.

Mayor Jepsen concurred with Ms. Way’s comment that the Paramount School Park improvements should include adequate storm water detention. He expressed his hope for prompt review and approval of the skate park by the School Board.

Ms. Barry identified a typographical error in the agenda title to the staff report (page 49 of the Council packet). She clarified the amount of the design services contract as $156,305.

Councilmember Ransom asked about the type and location of the skate park. Ms. Barry said the City will identify the type of skate park through the public process. She explained that MacLeod Reckord will conduct an extensive public meeting process including skate park users and local residents. She mentioned design elements identified by the Parks, Recreation and Cultural Services Advisory Committee (page 52 of the Council packet). Mr. Deis said staff will discuss the location of the skate park within the Paramount School Park with Council once a location has been proposed.

In response to Councilmember Grossman, Ms. Barry confirmed that the City is performing all of the improvements at Paramount School Park even though the School District owns the property. She explained that, under the use agreement, the School District will reimburse the City for the depreciated value of the improvements if it needs to use the property as a school site. She noted that School District staff has proposed a depreciation rate of ten percent per year.

In response to Mayor Jepsen, Ms. Barry said staff anticipates the solicitation of bids in September, after a three-to-four-month design process. She noted the staff goal to complete some of the improvements prior to the next rainy season.

A vote was taken on the motion to authorize the City Manager to execute the design services contract with MacLeod Reckord for Phase One of the Paramount School Park improvements and Skate Park in the amount of $156,305. The motion carried 5-0.

9. CONTINUED PUBLIC COMMENT

(a) Janet Way, 940 NE 147^th Street, said she suggested an amendment to the Development Code Phase 2 stating that "culverts should be required to be removed from a creek if at all possible." She noted the revision of this language in the draft presented to Council to read that "culverts may be required to be removed." She advocated the former language as a proactive step the City could take to protect salmon habitat.

(b) Walt Hagen, 711 N 193^rd Street, advocated enforcement of the City leash law in Shoreview Park and in Paramount School Park. He questioned the decision by City staff to allow construction within 20 feet of Thornton Creek. He said Council behaved rudely when stating that it could not respond to earlier comments about Thornton Creek because of possible legal action.

Mayor Jepsen anticipated that Council will discuss the issue of removing culverts during its consideration of the amendments to the Development Code Phase 2. He said the City is in the process of addressing enforcement of the leash law. Regarding Thornton Creek, he noted that a number of Councilmembers have visited "the land in question," and he reiterated that Council cannot comment because of a possible lawsuit.

In response to Councilmember Ransom, Ms. Barry clarified that the City requires dogs to be on leash at all City parks. She said the City does not have any off-leash areas. She explained that the City has developed an educational brochure identifying the closest off-leash parks.

Councilmember Ransom requested clarification regarding the removal of culverts. Mr. Deis said staff will discuss this and other issues when it addresses the City response to the listing of Puget Sound salmon under the Endangered Species Act during an upcoming Council workshop.

10. EXECUTIVE SESSION

At 8:38 p.m., Mayor Jepsen announced that Council would recess into executive session for 30 minutes to discuss one item of litigation.

At 9:40 p.m., the executive session concluded, and the regular meeting reconvened.

11. ADJOURNMENT

At 9:41 p.m., Mayor Jepsen declared the meeting adjourned.

______________________________
Sharon Mattioli, CMC
City Clerk