CITY OF SHORELINE
SHORELINE CITY COUNCIL
SUMMARY MINUTES OF REGULAR MEETING
Monday, May 14, 2001
7:30 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 7:30 p.m. by Mayor Jepsen, who presided.
2. FLAG SALUTE/ROLL CALL
Upon roll call by the City Clerk, all Councilmembers were present.
3. REPORT OF CITY MANAGER
City Manager Steve Burkett asked that Item 7(e) be pulled from tonight’s consent calendar. He also reported that a suspect has been charged in a series of commercial burglaries along the southern part of Aurora Avenue in Shoreline.
Kristoff Bauer, Assistant to the City Manager, reported that the King County Council
had a public hearing today regarding potential sites for the new wastewater treatment facility. Then it took action to delete the Woodinville site and the Kenmore gun range site from the list. He said he delivered the Council letter regarding the recommendations of the Siting Advisory Committee during the public testimony.
4. REPORTS OF BOARDS AND COMMISSIONS: None
5. PUBLIC COMMENT
(a) Victoria Stiles, Executive Director of the Shoreline Historical Museum, reported that the exhibit "Fresh Voices of the Community: Korean-American Youth" will be at the Folklife Festival. She also said the museum is celebrating its 25th anniversary in June and invited Council to an event on June 15th. In conjunction with the anniversary, an exhibit will open called "Making Tracks: Linking Seattle to Everett by the Interurban Railway."
(b) Councilmember Lee introduced Linda Campbell, the Community Services Manager of Shellharbor, Australia. Ms. Campbell said she is representing the Local Government Community Services Association of Australia in her travels around North America. She is looking at ways cities provide opportunities for citizens to participate in decision making.
6. APPROVAL OF THE AGENDA
Councilmember Lee moved approval of the agenda. Councilmember Montgomery seconded the motion, which carried unanimously, and the agenda was approved.
7. CONSENT CALENDAR
Councilmember Gustafson moved to approve the consent calendar with the deletion of Item 7(e). Deputy Mayor Hansen seconded the motion. He also asked that the minutes of the Dinner Meeting of April 9, 2001 be amended to show that he was in attendance. A vote was taken on the motion, which carried unanimously and the following items were approved:
Minutes of Dinner Meeting of April 9, 2001 (as amended)
Minutes of Workshop Meeting of April 16, 2001
Minutes of Dinner Meeting of April 23, 2001
Minutes of Regular Meeting of April 23, 2001
Approval of expenses and payroll as of April 27, 2001 in the amount of $ 988,324.82
Ordinance No. 266 decreasing maximum building coverage and maximum impervious surface in Residential 8 units per acre (R-8) and Residential 12 units per acre (R-12) zones by amending Chapter 20.50 of the Development Code
Motion to approve the Emergency Medical Services Task Force proposal to place a measure on the November 2001 ballot for a new property tax levy of 25 cents per $1,000 of assessed valuation to fund EMS services
Motion to authorize the City Manager to execute the Public Works Trust Fund Loan Agreements for the Ronald Bog Drainage and the 3rd Avenue Drainage Projects
Motion to authorize the City Manager to execute a professional Services contract with Reid Middleton for the Shoreview Park Improvement Project in the amount not to exceed $143,536 and to execute amendments up to an additional 10%
Ordinance No. 271, amending Ordinance No. 254, as amended, by increasing the appropriation from the General Capital, Roads Capital, and Surface Water Capital Funds and authorizing expenditures for the completion of 2000 capital projects; and increasing the appropriation in the General Fund, Street Fund, and Surface Water Management Fund for completion of operating projects and contracts
Motion to confirm the cancellation of the 2000 YMCA project in the amount of $40,000 and the reallocation of these funds to the 2002 process; to confirm the City’s pass-through status and authorize the City Manager to execute the King County certification form to reflect these estimated amounts: $58,000 for public services, $52,000 for planning and administration, $158,000 for the Housing Repair Program, and $140,000 for capital projects; and to authorize staff to implement the allocation process for 2002 Community Development Block Grant Capital Improvement funding as outlined in the staff report
Motion to authorize the City Manager to execute an Interlocal Agreement between the City of Shoreline and the City of Lake Forest Park relating to tennis programs
(a) Motion to authorize the City Manager to submit an application for funding to King County Department of Natural Resources Conservation Futures to purchase additional open space properties adjacent to Paramount Park Open Space
Wendy Barry, Parks, Recreation and Cultural Services Director, explained that staff seeks Council approval to apply for the grant because no matching funds are earmarked in the Capital Improvement Program (CIP). She emphasized that the acquisition of additional open space adjacent to Paramount Park Open Space is a top priority in the Park, Open Space, and Recreation Services Plan. The three parcels identified by staff are designated in that plan and would add a little more than an acre to the park system. Their acquisition would also maintain the edge along the park. The CIP lists this project, with $130,000 to come from grant funding. Of course, the actual costs will reflect appraised values and negotiations with sellers. Ms. Barry concluded that the grant application is due May 23. If the City is successful, it will have two years to find a match for the grant funding.
Referring to the map on page 82 of the Council packet, Ms. Barry described the physical characteristics of the parcels. She pointed out that the owner of parcel B has not made a decision about selling. She described the benefits of acquiring these parcels, including protection of wetlands in Paramount Park Open Space, enhancement of the neighborhood access to the park, and the addition of passive recreation value to the park.
Councilmember Montgomery moved to authorize the City Manager to submit an application for funding to King County Department of Natural Resources Conservation Futures to purchase additional open space properties adjacent to Paramount Park Open Space. Councilmember Gustafson seconded the motion.
Councilmember Ransom suggested that the right-of-way that goes through Paramount Park Open Space be incorporated into the park and that the parcel south of the right-of-way and east of the current park be added as parcel D.
Mr. Sievers said the right-of-way could be vacated by the Council. This would require a traffic study.
Ms. Barry said parcel D has a house on it but she could explore the suggestion.
Responding to Councilmember Montgomery, Ms. Barry confirmed that lots A and C are undeveloped. Lot B has a house on the front of the property. The property owners are deciding whether they wish to go through the process of subdividing in order to sell the undeveloped portion of the parcel.
Councilmember Montgomery asked if the properties are developable, given the wetlands they contain. Ms. Barry said the options would be limited.
Councilmember Grossman said the City should facilitate subdivision of parcel B in order to purchase it, rather than placing the burden on the property owner.
Councilmember Lee asked about the proximity of homes to the proposed purchase. She expressed concern about potential future park development affecting adjacent homeowners. She questioned the purchase of the properties if they probably would not be developed anyway.
Ms. Barry assured her that open space by definition is meant to be fairly undeveloped and used for passive recreation. The purpose of the purchase is to create a permanent buffer from the adjacent neighborhood.
Councilmember Ransom asked about the large parcel at the south end of the open space bordering on 145th Street. Ms. Barry said these southern parcels were not evaluated because they have houses on them.
A vote was taken on the motion to authorize the City Manager to submit an application for funding to King County Department of Natural Resources Conservation Futures to purchase additional open space properties adjacent to Paramount Park Open Space, which carried unanimously.
Mayor Jepsen noted that Councilmember Ransom has requested that parcel D be considered for inclusion.
Deputy Mayor Hansen commented that the City should examine any parcel that becomes available. He did not see a need to specifically identify parcel D.
Ms. Barry said potential parcels must be identified in the grant application , but staff can look into the ownership of parcel D in time to determine if it should be included.
(b) Motion to authorize staff to proceed with the design of the 3rd Avenue NW Drainage Improvements consisting of the 3rd Avenue conveyance solution (Option 1) and the North Pond detention mitigation (Option A)[postponed from April 23, 2001]
Ian Sievers, City Attorney, reminded Council that this motion was postponed to allow staff time to explore the litigation history surrounding the North Pond. He reported that both the litigation files and the final Environmental Impact Statement (EIS) have been reviewed and that they contain nothing to preclude proceeding. He said the EIS prepared for the original project identified the loss or conversion of natural park environment as a key issue. The original North Pond was built on 1.9 acres of meadow. It was subject to Interagency Committee for Outdoor Recreation (IAC) covenants against converting parkland to non-recreational uses. A lawsuit challenged the plan to replace the pond site acreage with two pieces located a good distance from Shoreline.
Mr. Sievers explained the background of the federal litigation, which was settled through mediation and the addition of park amenities to the current pond. However, this site is also subject to IAC covenants. He said a boundary line adjustment could be proposed to the IAC board to reshape the parcel to accommodate the new pond design with no net loss in parkland. The slopes of the new pond as designed are at a one-vertical-foot-to-three-horizontal-feet ratio, rather than the existing one-to-four ratio. However, staff feels the proposed amenities to the project would provide acceptable mitigation. Therefore, although the staff report recommends postponement of the item, staff is now confident that Option A is workable and that there are no legal impediments to proceeding. Staff recommends pursuing the consent of the IAC on the boundary line adjustment to design Option A.
Mayor Jepsen called for public comment.
(1) Ralph Keuler, 801 NW 175th Street, a resident who lives 300 feet west of the washout that occurred in 1997, referred to written comments in which he asked Council to seriously consider all geologic and hydrologic issues before a site is selected for the detention pond. He pointed out that a large spring exists under the intersection of 175th Street NW and 6th Avenue NW. He was concerned that the City’s consultant, OTAK, does not have sufficient specific expertise to handle this project.
(2) Ken Cottingham, 350 NW 175th Street, referred to his testimony on April 23 in support of Option B. He addressed the slopes of the proposed pond enlargement, noting that the one-to-four slope was referred to in the final EIS. He felt the EIS requirement is still binding on the City. He believed that a steeper slope would mean the park is not usable for walking and certainly is not comparable to the original proposal. He reiterated his support for Option B.
Mayor Jepsen confirmed that the motion on the floor, as postponed from April 23 is to authorize staff to proceed with the design of the 3rd Avenue Drainage Improvements consisting of the 3rd Avenue conveyance solution (Option 1) and the North Pond detention mitigation (Option A).
Responding to Mayor Jepsen, Mr. Sievers confirmed that this motion would include pursuit of the IAC process. He said the City will not be able to move too far without IAC consent.
Councilmember Ransom supported Option B. He said, after talking to staff and Parks, Recreation and Cultural Services Advisory Committee members, he is convinced this is preferable.
Mr. Conner explained that staff could support either option. He then commented on the letter from Mr. Keuler. He agreed that Landau and Associates is an excellent firm with a history of work in this area. He said OTAK has received the Landau reports. He agreed that design will be necessary to determine which site, if either, is suitable. However, if both sites go to design, it would double the City’s costs. The Parks, Recreation and Cultural Services Advisory Committee recommended Option A, which would leave the northwest corner undeveloped. Mr. Conner supported the choice of OTAK as the design firm, noting its excellent reputation and its commitment to "sub-out" the specific hydrologic work.
Mayor Jepsen stressed that going back to the IAC will resolve the slope issues. Hopefully, IAC will approve the City’s plan to have steeper slopes. Mr. Conner added that if the goal is to provide access to the area for recreation, stairways or differently sloped paths to allow the public to work down into the bottom might meet the requirements.
Councilmember Lee asked if there is a way to assess which site would work better rather than moving forward with engineering for one site and then possibly having to go to the other. Mr. Conner responded that the current OTAK study evaluated the two sites and says from a technical perspective "it’s a wash." He said one approach would be to do a 30 percent design on both sites. He said he realizes Council wants to be as confident as possible in its approach.
Deputy Mayor Hansen agreed with Mr. Keuler that the proper study must be done. He supported Option A because the current pond has a properly engineered dam. He said he would consider Option B for additional storage in the future.
Mayor Jepsen concurred with Councilmember Lee that Council is selecting between two sites without the certainty that one is suitable and the other is not. Although he did not support a dual design, he did not want to "chase something that is not going to happen."
Mr. Sievers pointed out that pursuing Option B would definitely require identification of a significant replacement property, which would be time-consuming and expensive. He believed that enlargement of the current pond will be acceptable to the IAC.
Mayor Jepsen clarified that both options have IAC limitations.
Councilmember Grossman commented that design costs are always a small percentage of the total project. He said this project needs to be successful, and the City should spend whatever it takes from an engineering and research standpoint. He also commented that the courts may look at detention ponds more flexibly now than they did ten years ago.
Councilmember Ransom asked whether replacement parkland will be required in Option A with the expansion of the pond from eight acre feet to 12 acre feet. Mr. Conner said the outline of the pond will be changed slightly and the hole dug deeper. Then the design will have to provide pedestrian access to the park.
A vote was taken on the motion to authorize staff to proceed with the design of the 3rd Avenue Drainage Improvements consisting of the 3rd Avenue conveyance solution (Option 1) and the North Pond detention mitigation (Option A), which carried 5 – 2, with Councilmembers Gustafson and Ransom dissenting.
9. CONTINUED PUBLIC COMMENT
(a) Ken Cottingham, 350 NW 175th Street, referred to the siting of the detention pond, noting there is a 24-inch sanitary sewer going through Option A. He said the fact that the sewer will have to be relocated and that the new pond will be lower than the sewer has not been addressed.
Mr. Burkett commented that these are design issues for each option. He said staff will return to Council if there is a need to go in a different direction. Mr. Conner confirmed that the relocation of the sewer will be addressed in the design phase.
10. ADJOURNMENT
At 8:46 p.m., Mayor Jepsen declared the meeting adjourned.
___________________________
Sharon Mattioli, CMC
City Clerk