CITY OF SHORELINE

SHORELINE CITY COUNCIL

SUMMARY MINUTES OF REGULAR MEETING

Monday, June 25, 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 7:33 p.m. by Mayor Jepsen, who presided.

2. FLAG SALUTE/ROLL CALL

Upon roll call by the City Clerk, all Councilmembers were present.

(a) Proclamation of King’s High School Girls Track Week

Mayor Jepsen proclaimed the week of July 1, 2001 as King’s High School Girls Track Week to recognize that the team won the Class A Track and Field State Championship and broke the State record for most points scored. Coach John Hubbell and his assistant coaches were present to accept the proclamation.

(b) Proclamation of King’s High School Boys Golf Week

Mayor Jepsen also proclaimed the week of June 24, 2001 as King’s High School Boys Golf Week. Coach Myrle Carner and golfer Kevin Sawtell were present to accept this proclamation.

3. REPORT OF CITY MANAGER

City Manager Steve Burkett recommended the agenda be amended by discussing consent calendar Item 7(d) concurrently with Item 8(a) and removing Item 8(b) regarding the Paramount Ridge final plat.

Tim Stewart, Director of Planning and Development Services, explained that it came to staff’s attention late this afternoon that two of the lots in the proposed plat will have infiltration as part of the detention scheme. This requires new engineering drawings and a careful analysis of the proposal before it comes to Council.

Mr. Burkett commented on the third year of enforcement of Shoreline’s prohibition of fireworks, noting that in addition to education and confiscation, there will be stepped up enforcement, including tripling the staffing on the 4^th of July and the issuance of citations.

Ian Sievers, City Attorney, reported on the schedule for the Growth Management Hearing Board’s action on Shoreline’s appeal of the City of Woodway’s Comprehensive Plan designation of the Pt. Wells property. The hearing is scheduled for October 22, 2001.

Mr. Stewart then reported on the closing of Parkers Casino for what the Shoreline Fire Department called "a serious threat to life safety in the building." He described the violations, including installation of flammable thatched ceiling panels, posting of a required fire exit as "Not an Exit" inside the building, and having an unconnected fire sprinkler system. He then reviewed the corrective actions ordered by the City of Shoreline.

Responding to Councilmember Gustafson, Mr. Stewart said the City and the Fire Department are willing to review any reasonable proposals to address the issue of an operational sprinkler system.

4. REPORTS OF BOARDS AND COMMISSIONS: None

5. PUBLIC COMMENT

(a) John Pruett, 7115 55^th Pl. NE, Marysville, speaking as the General Manager of Parkers Casino, made the following points: 1) the thatch has been removed from the ceiling; 2) the building is monitored by a 24-hour fast response fire alarm system; 3) they will get water to the sprinkler system as soon as it is available; and 4) Parkers has more exits and entrances than any casino in the area. Mr. Pruett reported 115 employees are currently out of work. He felt the City is not acting in good faith on this matter.

(b) Rick Stephens, 18005 Aurora Avenue N, protested that Council did not table the Aurora Corridor design contract even when 52 people attended the meeting and asked Council to take that action. He was concerned about the costs of the project, which he said have escalated from $33 - $38 million to $50 - $75 million. He feared the final cost could be $100 million, which might result in increased taxes. He suggested a less expensive plan.

(c) Diane Stephens, 18005 Aurora Avenue N, said the City is considering the "pros" of the Aurora Corridor Project but not the "cons," which she listed as: 1) higher taxes; 2) higher cost of business services; 3) bleed-over traffic into neighborhoods; and 4) loss of businesses and residents due to the cost of living in Shoreline. She said these unintended consequences can be reduced by listening to the businesses impacted by the project.

(d) Randy Ferrell, 17510 Aurora Avenue N, asked that the Categorical Exclusion (CE) document on the Aurora Corridor Project consider socio-economic impacts such as loss of businesses, jobs, and resulting tax implications. He noted that a CE is allowed only when there is no significant opposition to the project design. Consequently, the application for CE status indicates that the City believes there is no opposition to the project design. Businesses consider this a "slap in the face" because they have repeatedly voiced their opposition. He concluded that businesses favor the project, but with design modifications.

(e) Dean Barnett, 9515 Interlake Avenue N, a Parkers employee and student, explained why he needs to work there and urged the Council to help work things out.

(f) Tim Crawford, 2326 N 155^th Street, said he would be suspicious of the timing of this "harassment over a fire issue" when the City is in the middle of the Aurora project. He also reported the success of the Twin Ponds Fish Friends appeal of the Aegis project. He commented that work on site has been stopped and that the judge found the hearing examiner in error on many counts. Mr. Crawford said his group is going to involve itself in the Aurora project and force the City through litigation to appreciate that Thornton Creek is part of a Chinook watershed.

(g) Patty Crawford, 2326 N 155^th Street, Twin Ponds Fish Friends, commented on Cheryl Klinker and Kelly Swenson’s support of the Aegis project. She alleged that Mr. Stewart is the cause of the problem. She questioned whether the City Codes were enforced at the Aegis project. She also alleged that Mr. Stewart did not listen to the agency with technical expertise on this issue (the State Department of Fish and Wildlife). She said Mr. Stewart should have listened to the individual who testified at the Aegis hearing from that agency. Instead, Mr. Stewart tried to have him fired. She blamed Council, asserting that Council did not interact with the appellants and that Council is in denial. She said the project to date has caused destruction to Thornton Creek.

(h) Sam Jacobs, 600 University Street, Ste. 2701, Seattle, attorney for the Paramount Ridge applicant, opposed the staff recommendation that the matter be pulled from tonight’s agenda. He said his client has worked with staff extensively and it was only at 6 p.m. tonight that he heard that the final engineering plans were inadequate. He contested that there is infiltration from any lots and said the proposal for handling stormwater has been the same for many months. He said the current design allows for detention of 100 percent of the stormwater generated from the site. He asked Council to reschedule this within the next two weeks.

(i) Tiffany Nicole, 817 Broadway, Bremerton, applauded Parkers management, which has worked hard to bring the building into compliance and would never endanger the employees. She protested that employees had only 20 minutes notice of the closure. She said she and other employees have no safety net for times like these. Council must facilitate employees being able to return to work as soon as possible.

Mr. Burkett supported the job Mr. Stewart is doing in enforcing City codes.

Mr. Stewart assured Council that the City will coordinate with the Fire Department to do another inspection of Parkers. He mentioned the Coconut Grove fire in 1942 that resulted in 492 deaths, explaining similarities to this situation. He said life safety is the critical issue.

Mayor Jepsen committed the City to working with Parkers management to address the items of concern.

Councilmember Ransom explained that the Fire Department is a separate entity from the City and that the City contracts with it for fire marshall/inspection services.

Turning to comments on the Aurora Corridor Project, Bill Conner, Public Works Director, explained the cost estimates on the project. He said the Capital Improvement Program adopted in December 2000 shows an estimate for the complete project of $75,761,795. The City’s contribution is estimated to be $13 million, the State’s $27 million, and the federal government's $35 million.

Mr. Conner noted two environmental processes involved in the project. The federal process is under the National Environmental Protection Act (NEPA) and the state process is under the State Environmental Protection Act (SEPA). Staff has undertaken to receive approval under the NEPA process that involves review by the Federal Highway Administration (FHWA). He said staff originally determined that the first phase of the project (145^th Street to 165^th Street) would have minimal environmental impact. Therefore, the City asked for the lowest level of environmental review, a CE. He said FHWA has indicated there may be enough controversy to warrant going to the second level of review, an Environmental Assessment (EA). A determination will be made on this after a public hearing. With regard to the socio-economic impacts, Mr. Conner said that an assessment of the socio-economic impacts will be made during the design process no matter what process is used.

Mr. Burkett assured everyone that the cost of the project will not cause an increase in taxes. Most of the funding will come from State and federal sources.

Councilmember Grossman said most of the time redevelopment projects like this one result in higher sales and a higher tax base. Commenting on the allegation that the City has said there is no significant opposition to the project, he said the City recognizes the opposition by certain individuals.

Mr. Conner responded that the CE document does not discuss the degree of opposition to the project.

Councilmember Ransom reminded the audience that he made a motion to table the design contract on June 11, but it died for lack of a second. He said the issues of the Aurora Improvement Council have been brought to the Council on numerous occasions. He himself has restated their points at Council meetings. The issue is not that Council has not heard the opposing viewpoint but that the majority of the Councilmembers have not been persuaded by these arguments.

Councilmember Montgomery pointed out that the business community was asked what should be done. Members of the business community have been involved in the discussion from the beginning.

Councilmember Ransom clarified that individual business owners feel that property owners have been approached more than tenant businesses. These are the individuals feeling left out.

Staff confirmed that no date can be set for the review of the additional work required for the Paramount Ridge final plat.

6. APPROVAL OF THE AGENDA

Councilmember Montgomery moved to approve the agenda with the following changes: 1) discussion of Item 7(d) on the consent calendar concurrently with Item 8(a); and 2) removal of Item 8(b) regarding the Paramount Ridge final plat. Councilmember Ransom seconded the motion, which carried unanimously, and the agenda, as amended, was approved.

7. CONSENT CALENDAR

Councilmember Lee moved approval of the consent calendar as amended to remove Item 7(d). Councilmember Montgomery seconded the motion, which carried unanimously, and the following items were approved:

Minutes of Workshop Meeting of June 4, 2001

Approval of expenses and payroll as of June 8, 2001 in the amount of $ 761,235.89

Motion to authorize the City Manager to execute an amendment to increase the Design Services contract for MacLeod Reckord for the Paramount School Park Project in an amount not to exceed $14,601 and to execute amendments up to an additional 5% of the original contract amount

8. ACTION ITEMS: OTHER ORDINANCES, RESOLUTIONS AND MOTIONS

(a) Motion to authorize staff to design the Ronald Bog Drainage Improvements with daylighting of the stream channel south of Ronald Bog along Corliss Avenue (to south of 171^st Street)

Motion to authorize the City Manager to execute a preliminary Design (60%) and Environmental Services Contract with OTAK, Inc. for the Ronald Bog Drainage Improvement Project in an amount not to exceed $441,930

Chuck Purnell, City Engineer, provided the staff report regarding how to address the flooding problems in the Ronald Bog drainage area. He reviewed the direction given to staff at the February 26 Council meeting and described comments made at the meeting with the neighbors. He reported that the "no action" option would result in continued flooding south of the bog. Replacement of the closed channel would still require one or two openings and might generate a requirement for other mitigation. This option would cost $500,000 more than daylighting the stream and would be more difficult to maintain.

Mr. Purnell said staff continues to recommend daylighting the stream. It would probably become a Type II stream, which would require 75-foot buffers. This requirement actually has limited impact on the properties along Corliss Avenue because most of the buffer will be in the City right-of-way. Property owners would still be able to do some additions, even with the larger buffer.

Mr. Purnell demonstrated a potential design concept that shows the stream meandering along Corliss Avenue. He concluded that there are still some neighborhood concerns, but there were also positive comments made by neighbors.

Mayor Jepsen called for public comment.

(1) Rick Furman, 2320 N 171^st Street, expressed his continued concern about bog water coming into his neighborhood and how much standing water will be allowed. He said a stream might bring waterfowl and cause problems with bird droppings, mosquitoes and vermin. He was also concerned about maintenance of the open stream and problems with overgrown areas. He said some access issues were addressed for current property owners, but access for future remodels is restricted.

(2) Ann and Marcus Nelson, 2304 N 171^st Street, also spoke in opposition to the plan. Mr. Nelson said he and many of his neighbors are concerned about impacts to the neighborhood, including access by emergency and over-sized vehicles and more people coming into the neighborhood. Mrs. Nelson distributed photographs demonstrating their concerns. Mr. Nelson noted that there is an open field at the end of Corliss Avenue that has always been maintained by the neighbors, not by the City. He concluded that there is an open streambed north of Corliss Avenue that the City has done a poor job of maintaining.

(3) Norma Myers, 2321 N 172^nd Street, was concerned that the open stream would not be maintained. She supported replacing the pipe with a larger pipe.

(4) Janet Way, 940 NE 147^th Street, supported daylighting the stream. She wished Seattle Public Utilities would do the same at Northgate Mall. She stressed the importance of maintenance to make the stream an amenity for the neighborhood, not a nuisance. She urged the City to review the hydrology carefully and to call the resultant waterway a "creek and not a ditch."

(5) Tim Crawford, 2326 N 155^th Street, also supported daylighting of Thornton Creek. Noting he was not contacted about the project, he said the City should have contacted all "downstream riparian creek-side owners." He hoped neighbors would realize that their property values will go up because they are adjacent to a waterway. He said daylighting will improve their quality of life.

(6) Cheryl Klinker, 12036 35^th Avenue NE, Seattle, a member of the Ronald Bog Drainage Study Advisory Committee, supported the project as a wonderful opportunity to work together and test new theories about integrating a natural area with a dense urban environment. She said she has personally called 20 people she knows in Shoreline and they all support daylighting of the creek. She said flood control is a key issue for Shoreline residents and those living downstream in Seattle.

(7) Richard Johnsen, 16730 Meridian Avenue N, explained how he is impacted by the current project and asked for an update on plans to upgrade the storm system and perform maintenance on the open channel south of 171^st Street to 167^th Street.

Deputy Mayor Hansen moved to authorize staff to design the Ronald Bog Drainage

Improvements with daylighting of the stream channel south of Ronald Bog along Corliss Avenue (to south of 171^st Street). Councilmember Montgomery seconded the motion.

Mayor Jepsen thanked staff for responding to Council’s concerns as expressed in February and for bringing forward a design that responds to neighborhood concerns. He urged staff to continue to work with neighbors on the issues raised tonight. He particularly wanted to hear plans about the level of maintenance and operating costs associated with the project. Mr. Purnell responded that he will return during the design process with this information.

Mr. Burkett noted that a natural creek is envisioned with that level of maintenance.

Responding to Councilmember Montgomery Mr. Purnell confirmed that this proposal would prevent such flooding in the area as occurred in 1996/97.

Councilmember Gustafson asked about the water going from the daylighted portion into a channel or pipe downstream. He favored daylighting but wished to be certain that all flooding issues will be resolved.

Mr. Purnell said the total project addresses flooding in three areas in the basin and extensive hydrologic and hydraulic modeling has been done. This will be further refined if Council gives direction to proceed with the open channel.

Responding to Councilmember Grossman, Mr. Purnell explained the Development Code provision that allows for an additional 750 square feet in building space within the buffer. The other controlling provision of the code allows only 35 percent of a lot to be covered by a structure. This can still be attained with the addition of the 75-foot buffers.

Councilmember Grossman questioned whether there are additional permitting processes required when building within 75 feet of a Type II stream.

Gabe Snedeker, Environmental Coordinator, clarified that a State or federal permit would not be required under normal circumstances, but a critical area review would be. Such a review is integrated with the review of the underlying permit. As long as the proposed structure is not in the buffer, this review would have a fairly minimal financial impact. However, it could result in requiring a biologist’s report, costing between $500 and $2,000.

Councilmember Grossman said all the homes along Corliss Avenue will have a significant increase of area within the buffer. He was concerned that what began as a stormwater management issue will place financial and process burdens on a dozen homeowners. He wished to insure that they will not be forced to bear this additional burden.

Mr. Stewart said this is a conceptual proposal that will evolve as the project goes through the environmental review process. Before the City makes a formal decision, it will have to outline the regulatory impacts of the project.

Councilmember Ransom commented that this issue was discussed by a panel at the last Association of Washington Cities conference. He said a Washington State Department of Transportation (WSDOT) engineer and two Bellevue staff made it clear there are ways to design such projects to meet all regulatory requirements without opening the waterway. He said Bellevue never opens a stream because it sets a precedent that can have huge implications. Councilmember Ransom was concerned about setting a precedent in the City of Shoreline.

Mr. Purnell said staff met with the Departments of Ecology, and Fish and Wildlife, and the U.S. Corps of Engineers to discuss this project. The channel could be closed but there would have to be some openings to provide light. These would probably require a buffer within the existing code. Staff was advised that it did not make sense to let issues such as those Councilmember Ransom raised prevent something good from being done. Mr. Purnell said this site is one of the better daylighting opportunities because a 60-foot right-of-way and required setbacks are already in place.

Councilmember Ransom continued to be concerned about the precedent and asked if staff discussed other options with engineers who take the other approach.

Mr. Conner confirmed that staff can go either way. However, the staff supports daylighting because it moves the water better and makes more sense from an environmental perspective. Piping will be more expensive to build and maintain. It will break down again in 20 years because of the substrata it is built on. It will also be difficult to permit and may result in the City being required to daylight somewhere else.

Mr. Burkett said various experts counsel various approaches to this type of situation. However, there is no certainty that there is a "right" answer.

Deputy Mayor Hansen suggested that the design contain a gateway at Ronald Bog to change the level of the outflow to allow retention of water in the bog when necessary. Mr. Purnell assured him there will be an adjustable structure to control the flow.

A vote was taken on the motion to authorize staff to design the Ronald Bog drainage improvements with daylighting of the stream channel south of Ronald Bog along Corliss Avenue (to south of 171^st Street), which carried 6 – 1, with Councilmember Ransom dissenting.

Deputy Mayor Hansen moved to authorize the City Manager to execute a preliminary Design (60%) and Environmental Services Contract with OTAK, Inc. for the Ronald Bog Drainage Improvement Project in an amount not to exceed $441,930. Councilmember Lee seconded the motion.

Mayor Jepsen urged that staff continue to work with neighbors about their concerns and to keep them informed as key milestones are reached. Mr. Purnell said this is part of the Scope of Work in the contract.

Councilmember Gustafson also wished to ensure there is adequate access for emergency vehicles and other large trucks.

Councilmember Lee was concerned about the fiscal impacts on homeowners considering modifications to their homes in the future. She said if there are changes to the design that better accommodate buffering issues, staff should bring them back to Council.

A vote was taken on the motion, which carried 7 – 0, and the City Manager was authorized to execute a preliminary Design (60%) and Environmental Service Contract with OTAK, Inc. for the Ronald Bog Drainage Improvement Project in an amount not to exceed $441,930.

(c) Motion to authorize the City Manager to execute an interlocal agreement with King and Snohomish County regarding solid waste issues

Kristoff Bauer, Assistant to the City Manager, provided a brief staff report. He said after initial concerns about notification and the process, there have been positive discussions about the impacts to Shoreline of the closure of Snohomish County’s Southwest Recyling and Transfer Station in Mountlake Terrace for yearlong renovations.

Councilmember Lee moved to authorize the City Manager to execute an interlocal agreement with King and Snohomish County regarding solid waste issues. Councilmember Gustafson seconded the motion, which carried 7 – 0.

Mr. Burkett asked Mr. Stewart to report on progress made during the Council meeting to address the Parkers situation. Mr. Stewart said the City and Fire Department will walk through Parkers on Tuesday. There may be some short-term solutions to the sprinklering problem.

9. CONTINUED PUBLIC COMMENT

(a) Janet Way, 940 NE 147^th Street, representing the Paramount Park Neighborhood Group, protested the process for the Paramount Ridge Plat. She said the City was notified last Monday of the issues that her group has raised. She asked for better notice when an issue is going to be pulled from the agenda.

(b) Ian Adams, 5005 217^th Street SW, Mountlake Terrace, a manager at Parkers, recapped Wednesday night’s events and subsequent actions by Parkers. He commented on the fire safety of the Mt. Rainier Room. He felt Parkers had to deal with "a lot of red tape." He said they were more than happy to comply with any reasonable proposal.

(c) Rick Stephens, 18005 Aurora Avenue N, read from the CE regarding the original alternatives for the Aurora Corridor Project. Alternative 1 was estimated at $48 million and Alternative 2 was $52 million. He said the CE is for 145^th Street to 165^th Street. He asked whether the estimate was for 20 blocks or the whole project.

(d) Walt Hagen, 711 N 193^rd Street, said he had discovered that the CE had been returned to the City by WSDOT two weeks ago. He described interactions with staff on this issue. Mr. Hagen offered to provide an analysis of the CE that would identify where the document says the project is unopposed. Mr. Hagen warned Council that it is not getting correct information. He said he has asked that the Aurora Improvement Council and the Concerned Citizens for Shoreline be kept informed of the status of the CE document and be apprised of any action on environmental issues on the Aurora Corridor.

(e) Karyn Klein, 7431 181^st Place SW, Lynnwood, supported Parkers management and said employees do not have funds to tide them over during this period.

At 9:46 p.m., Mayor Jepsen turned the gavel over to Deputy Mayor Hansen and left the meeting.

(f) Richard Tinsley, 14855 6^th Avenue NE, spoke in favor of daylighting the creek and said the City should not allow disturbance of the buffer zones.

(g) Richard Johnsen, 16730 Meridian Avenue N, discussed flooding in the area between 171^st Street and 167^th Street in 1996/97. He suggested that Council take this area into consideration concurrently with the proposed project and solve the whole problem at once.

(h) Alicia Thompson, 1010 100^th Street SE, said Parkers employees came to the meeting to put a face on the closure problem. She asked Council to allow them to "get on with their lives."

MEETING EXTENSION

At 9:58 p.m., Councilmember Ransom moved to extend the meeting to 10:20 p.m. Councilmember Grossman seconded the motion, which carried unanimously.

(i) Andrew Williams, 14338 Midvale Avenue, a Parkers employee, asked Council how it could allow the casino to be closed after it was permitted only a month ago.

(j) Shelley St. Louis, 12714 N Macsloop Road, Granite Falls, concurred with other speakers that Parkers is a great place to work. She explained how the closure has affected her family.

(k) Christopher Atkinson, 30218 407^th Street NE, Arlington, confirmed that the thatched roof was coated with fire retardant material. He said the roof has since been removed. He emphasized that the remodel was inspected by the City and that Parkers did everything the way it thought the City wanted it done. He said the closure will impact Shoreline businesses because Parkers employees spend money here.

(l) Kathy Halliburton, 18315 Wallingford Avenue N, bid Council farewell, noting that she will be moving to Texas. She appreciated the opportunity to comment over the years to the Council. As a final observation, she suggested that the Richmond Beach bluff trail be straightened so that it always faces the water or the trees.

(m) Patty Crawford, 2326 N 155^th Street, said Mr. Stewart did not enforce the Development Code at the Aegis site. She said Thornton Creek was treated as a drainage ditch for purposes of the Aegis permit. She supported her contention that the waterway has been identified as a Class II stream because of the discovery of salmonids there. She said that Aegis argued that the project would not be financially viable if it had to accommodate the buffer requirements. She said staff is providing Council a "spun version" on what happened in court. She said the judge ruled that the City and developer "did not get it right" when work continued in the buffer .

(n) Kelly Swenson, 2308 NE 149^th Street, responded to comments about her letter in support of the Aegis project as President of the Parkwood Neighborhood Association.

(o) David Lyons, 511 Myrtle Street, La Conner, a Parkers employee, said he wanted to get back to work.

(p) Tim Crawford, 2326 N 155^th Street, said staff "is heartless" and has "their own agenda." He said staff is treating the businesses on Aurora Avenue like "this isn’t America" and being "tyrannical and selfish." He said the individual who headed the Citizens Advisory Task Force for the Aurora project will personally profit from the project. He concluded that "these guys are a bunch of crooks."

Deputy Mayor Hansen assured the Parkers employees that Council regrets that they are temporarily unemployed. He said Council would be a lot sorrier if there were deaths or injuries in a fire there.

Mr. Burkett expressed concern about the comments that staff is dishonest. He said he has never heard such baseless allegations in his 30 years of being a City Manager.

10. ADJOURNMENT

At 10:16 p.m., Deputy Mayor Hansen declared the meeting adjourned.

________________________
Sharon Mattioli, CMC
City Clerk