CITY OF SHORELINE
SHORELINE CITY COUNCIL
Monday, September 27, 2004 Shoreline Conference Center
PRESENT: Mayor Hansen, Deputy Mayor Jepsen, Councilmembers Chang, Fimia, Grace, and Ransom
ABSENT: Councilmember Gustafson
1. CALL TO ORDER
The meeting was called to order at 7:30 p.m. by Mayor Hansen, who presided.
2. FLAG SALUTE/ROLL CALL
Mayor Hansen led the flag salute. Upon roll call by the City Clerk, all Councilmembers were present, with the exception of Councilmember Gustafson.
Upon motion by Councilmember Fimia, seconded by Deputy Mayor Jepsen and unanimously carried, Councilmember Gustafson was excused.
(a) Proclamation of Shorelions’ Day
Mayor Hansen read the proclamation commending the City-sponsored Shorelions softball team for their victory at the Special Olympics State T-ball Championship. Coaches Christy Wicklander and Brad Turner, as well as the twelve members of the Shorelions team, accepted the proclamation and thanked the Council for its continued support of the Special Olympics program and the specialized recreation program.
3. CITY MANAGER’S REPORT
Steve Burkett, City Manager, recognized the efforts of Brad Landcaster and Bill Forney of the Shoreline Rotary Club for improvements made to the vacant lot at NE 185th Street and Aurora Avenue N. He also acknowledged the efforts of the Public Works and Parks departments in improving the public footpath at the Richmond Beach Saltwater Park as part of an annual team-building exercise. He then reported on the success of the semi-annual Clean Sweep recycling project, on the installation of playground equipment and benches in Paramount Park, and on the issuance of the City’s first residential parking permit.
Following up on the crime discussion from last week’s meeting, he then reported on various Shoreline crime statistics. He said Shoreline has fewer police officers per capita (.87 per 1,000 residents) than most comparable jurisdictions, and one of the lowest Part 1 Crime rates (36 per 1,000 residents). He reported that Shoreline spends much less on police services than other jurisdictions at $135 per capita. Finally, Mr. Burkett noted that this week the Planning Commission is holding three public hearings on the proposed new Comprehensive Plan.
Public Works Director Paul Haines briefed the Council on the flooding issues brought up at last week’s Council meeting. He displayed a map showing chronic flooding areas and described past efforts to resolve the problems. He said Shoreline inherited a poorly maintained drainage system from King County, and although many of the “easy fixes” and high priority problems have been resolved, there still remain some areas with chronic flooding problems. He noted that staff has met with residents and has toured the vicinity of NE 175th Street and 10th Avenue NE. He explained the challenges associated with the flooding at NE 175th Street, noting that some of it is not within the City’s control because the problems originate on private property. He said the City has resolved many downstream capacity issues and alleviated flooding in the upper reaches, but additional downstream capacity is needed for long-term relief. He said the intent is to achieve incremental capacity through small projects that can be completed in one season, such as the Serpentine project. He said portable pumps would be used to address the issues on NE 175th Street until permanent gravity systems can be constructed.
Responding to Councilmember Ransom, Mr. Haines said that the excess water at NE 175th Street and 10th Avenue NE is being pumped to the south, and so far there have not been any capacity problems. He further explained that the historic flooding problem in the Ridgecrest neighborhood has been exacerbated by improvements made to private property. He pointed out that 11th Avenue NE is not a City-owned street, and it includes catch basins and pipes the City does not operate. He said staff would need more time to evaluate all the issues so it can recommend a consistent, citywide strategy. He said staff is analyzing three main alternatives: 1) pumping the water someplace; 2) piping it someplace; or 3) purchasing property.
Noting that the road is much higher than the houses on the east side of 10th Avenue NE, Councilmember Ransom wondered how the water was being diverted from the low areas.
Mr. Haines said the water is being pumped out on the west side of 10th Avenue, where it travels down a roadside ditch and into the drainage system.
Mayor Hansen wondered if the manual pumps would be enough to resolve the situation in the short term. Mr. Haines felt the pumps would be sufficient as long as they are activated in a timely manner and maintained properly. He said having local residents activate the pumps greatly decreases response times and gives the City a huge advantage.
Councilmember Fimia wondered if the flood victims had been told about tonight’s briefing. Mr. Haines said they were not told about it, but each received the same information individually. Councilmember Fimia said that after factoring in design costs, legal fees and engineering, it might be more cost-effective to consider property “buy-out.” She said since the City allows private development, it needs to pay attention to what is going on and mitigate potential problems. She wondered how many natural drainage ponds could be restored, noting that private property owners have filled some of them in. She wondered if there were any incentive programs to motivate property owners to reduce the amount of impervious surface on their properties. Finally, she asked for information about how much it would cost to purchase the damaged homes.
Mr. Haines said although some claims have been filed, there have been no property appraisals. He noted the overall goal of not increasing impervious surface and holding new development to strict standards of water retention, detention, and percolation.
Councilmember Fimia wondered what the property size threshold was for this standard.
Mr. Haines said the threshold is either $100,000 worth of site improvement or 1,500 square feet of new impervious surface.
Councilmember Ransom noted that the church on 8th Avenue NE seems to have a significant flow of water during heavy rains. He wondered if there was a way to divert it to keep it on the west side of the street. He also wondered if temporary pumps were used to resolve the flooding from the heavy rain of August 6.
Mr. Haines said the drainage problems, which exist all over the area, would improve as the City adds more catch basins, curbing, and piping. He noted that the portable pumps were in storage on August 6, and there was no time to respond.
Councilmember Chang wondered how long it would take for the City to come up with a permanent solution to the flooding problems on NE 175th Street. Mr. Haines said staff would have more answers after it has more time to study the problem.
Mr. Burkett noted that there are no simple solutions to the remaining flooding problems. He said staff would analyze all options to determine the most feasible and least costly solution.
Councilmember Fimia confirmed with Mr. Burkett that the Washington State Department of Transportation has not yet responded to the Council’s invitation to come to a Council meeting to discuss the Aurora Corridor project.
There was Council consensus to suspend the rules and take public comment after the public hearing.
4. REPORTS OF BOARDS AND COMMISSIONS: none
6. APPROVAL OF THE AGENDA
Upon motion by Deputy Mayor Jepsen, seconded by Councilmember Grace and unanimously carried, the agenda was approved (as amended).
7. CONSENT CALENDAR
Councilmember Ransom moved approval of the consent calendar. Councilmember Grace seconded the motion, which carried 6-0, and the following consent calendar items were approved:
Minutes of Regular Meeting of August 23, 2004
Minutes of Workshop Meeting of September 7, 2004
Minutes of Dinner Meeting of September 13, 2004
Minutes of Regular Meeting of September 13, 2004
Approval of expenses and payroll for the period ending
September 17, 2004 in the amount of $569,275.10
Motion to authorize the City Manager to execute
an Interlocal Agreement with the Shoreline Fire
Department to provide an Emergency Operations
Center pursuant to the Shoreline Emergency
Management Interlocal Agreement
Motion to authorize the City Manager to execute
a Local Agency Agreement and a Project
Prospectus for funding the NE 150th Street and
15th Avenue NE Signal Project
8. ACTION ITEMS: PUBLIC HEARING
(a) Public hearing to consider citizens’ comments regarding
Ordinance No. 362 adopting a moratorium for six months
on the filing, acceptance, or approval of any applications
for development of land utilizing cottage housing bonus
densities and declaring an emergency
Tim Stewart, Planning and Development Services Director, provided the background on the establishment of a six-month moratorium on cottage housing developments. He noted that state law requires the Council to conduct a public hearing to receive testimony within sixty (60) days of enacting the moratorium. He explained that the Planning Commission undertook a major review of cottage housing in 2000, which included a survey of adjacent property owners. He said the intent of the current cottage housing review would be to conduct a similar survey on how cottage housing has impacted the neighborhood. He noted that the developer of the property across from Shorewood High School decided not to apply for a cottage housing permit after talking with City staff. He pointed out that neighbors first appealed the Fremont cottage housing project, but it is now going forward because the neighbors and developer reached an agreement. He concluded that staff recommends that Council hear testimony and reconfirm the findings of fact and moratorium as set forth in Ordinance 362.
Mayor Hansen opened the public hearing.
(a) Sam Deliganis, Shoreline, urged the Council to continue the moratorium and offered several suggestions for revising the cottage housing code, including: eliminating the conditional use permit and requiring that cottage housing only be allowed in R-12 areas and above; enhancing the neighborhood noticing requirements; requiring staff representation at video tape-recorded neighborhood meetings; pre-zoning a finite number of cottage homes that can be built in the City over the next 20 years; 5) providing equal distribution of cottage housing throughout the City; and 6) ensuring homes are ADA compliant, are built with durable materials, and include fire suppression systems.
(b) Dave Fagerstrom, Shoreline, expressed concern about the potential cottage housing development on 8th Avenue NW, noting that that parcel has a history of drainage problems. Citing difficulties in getting insurance for his property, he feared that homes with drainage problems might face insurance coverage problems. He urged the Council to continue the moratorium and consider how potential insurance coverage and liability questions might impact the City’s economic vitality.
(c) Mike Nelson, Shoreline, praised the cottage housing development he lives in on N 160th Place as an “ideal of high-density living.” He said although his housing community is a well-executed, quality development, others that have been built since then raise legitimate concerns. He suggested that Council continue the moratorium so it can “fine-tune” the ordinance to ensure that quality cottage housing developments are produced.
(d) Harry Obediu, Shoreline, invited the community to visit the cottage housing development he is building on Fremont Avenue N to get an idea of what cottage housing can be. He said although neighbors had concerns initially, they now congratulate him for improving their neighborhood. He said he addressed almost all the issues raised by the first speaker, including installing a fire suppression system, which the City code does not currently require. He said his development is a quality product and an example of what can be built with the cooperation of the City and neighborhood.
(e) Bob Niskanen, Shoreline, said he would like Mr. Obediu to consult on the potential project on 8th Avenue NW, where sixteen cottage homes are proposed on 1.3 acres. He thanked the Council and staff for their courtesy and availability in explaining cottage home regulations. He said the “No Cottage Housing” signs around town are not meant to express absolute opposition to all cottage housing in Shoreline. He expressed support for the moratorium, noting there is more than can be done to improve the current ordinance.
(f) Richard Johnsen, Shoreline, supported the moratorium, noting there should be a thorough review of cottage housing and consideration of how it fits into neighborhoods. He cited a Seattle Times article that distinguishes between cottage housing and “clustered housing,” noting that he does not favor “unscrupulous” developers proposing clustered housing during the moratorium. He said he has visited each cottage housing development and the only design he supports is the N 160th Place cottages. He said the City should have never approved the development on Meridian Avenue. He felt the cottage housing project on Ashworth Avenue does not fit the character of the existing neighborhood, and that detached garages are a poor-quality design feature of cottage homes. He suggested that developers, residents and staff form a commission to further study the issues.
Upon motion by Deputy Mayor Jepsen, seconded by Councilmember Ransom and unanimously carried, the public hearing was closed.
Councilmember Grace moved to confirm that the public hearing on the moratorium was held; to confirm the findings of fact for the moratorium; and to reconfirm the moratorium as set forth in Ordinance No. 362. Councilmember Ransom seconded the motion.
Deputy Mayor Jepsen expressed support for the moratorium, although he had concerns about the City’s ability to meet Growth Management Act housing targets. He wondered if the moratorium might put the City in jeopardy, particularly since the North City project is not moving forward.
Mr. Stewart said cottage housing is estimated to provide approximately ten percent of the growth target over the next twenty years. While he is unsure about the immediate consequences, he said cottage housing is an important part of the housing targets.
Responding to Councilmember Fimia, Mr. Stewart explained that the targets require 2,600 new units over a 20-year period (2000-2020). He noted that approximately 100 units per year (900 units) have been constructed since incorporation.
Councilmember Fimia was pleased that people are open-minded about cottage housing. She pointed out that “cottage housing” is a neutral term, noting that general housing can have both good and bad designs. She said she looks forward to working with staff, the Council and the Planning Commission to refine the codes. She said given Shoreline’s demographics, senior housing would be a major target and market. She suggested that an ad hoc committee of developers, residents and neighbors might assist in crafting improved regulations.
Councilmember Ransom asked for confirmation that the moratorium includes cottage housing development in all zones, including R-12. He also wondered about the difference between cottage housing and “clustered housing.”
Mr. Stewart clarified that the moratorium applies only to cottage housing developments that utilize the bonus densities. He explained that cottage housing is a specific housing form that requires detailed design standards if the density bonus is to be achieved. These standards include layout, configuration of porch, open space (public and private), fencing, configuration of cottages around open space, and height restrictions. He said the benefit is the density bonus that allows more cottage homes than single-family homes; the difference is that smaller households occupy cottage homes.
Councilmember Ransom wondered if the moratorium should include all cottage housing. Mr. Stewart said there would be little economic incentive to build cottage housing without the bonus density, and thus it is very unlikely to happen.
Councilmember Chang asked if there are different design standards for cottage housing. Mr. Stewart explained that developers have a certain degree of freedom in terms of the design of the finished product, provided it conforms to general development regulations. Councilmember Chang expressed a desire to tour the various cottage housing sites in Shoreline. Mr. Stewart said this would be part of the review process. He noted that three cottage housing developments were built under the old regulations, and four are in various stages of completion under the 2000 regulations.
Responding to Deputy Mayor Jepsen’s comment, Councilmember Fimia noted that although the bid was not awarded for the North City project, this does not mean the project will not move forward.
A vote was taken on the motion, which carried 6-0; and the moratorium was confirmed.
5. PUBLIC COMMENT
(a) Virginia Paulsen, Shoreline, urged the Council to read the book The Party Is Over, noting that exhaustion of petroleum resources in the world will fundamentally alter industrial civilization and make projects such as the Aurora Corridor obsolete because the automobile-centered society of the 20th century will no longer be possible. She urged the Council to consider adopting sustainable technologies in Shoreline, noting Ballard’s efforts in that direction. She urged the Council to recognize that there are alternatives to the automobile.
(b) Maryn Wynne, Shoreline, invited the community to attend the ribbon-cutting ceremony for the Shoreline Solar Project at Meridian Park Elementary on October 2. The school is the first public building in Shoreline to install a fully operational solar power system, which will produce 2.4 kilowatts of electric power (equivalent to the power needs of one efficient household). The project is funded by the Seattle City Light Green Power Program. She said the system is expected to generate clean energy to the school for the next 25 years, and the goal is to get more solar power installations in Shoreline.
9. ACTION ITEMS: OTHER ORDINANCES, RESOLUTIONS AND MOTIONS
(a-1) Motion to authorize the City Manager to execute a
construction contract with Thomco Construction, Inc.
for the 3rd Avenue NW Drainage Improvements Project,
NW Richmond Beach Road to NW 175th Street, and
execute change orders up to 10% of the contract amount
(a-2) Motion to authorize the City Manager to execute a
professional services contract with Seattle Public
Utilities for construction inspection and administration
of the 3rd Avenue NW Drainage Improvement Project
Jill Marilley, City Engineer, explained the recommendation to execute a construction contract with Thomco Construction, Inc. for the 3rd Avenue NW Drainage Improvements Project, and the recommendation to contract with Seattle Public Utilities (SPU) for construction inspection and administration. She said staff is confident that Thomco Construction is able to perform quality work. She noted that the project would include rigorous construction management and inspection from both staff and the consultant inspection team. The scope of the project is divided into three phases; pipe (3rd Ave NW conveyance pipe), pond (Boeing Creek Storm water Facility), and pump (Pan Terra Pond pump station and forced main). Construction of and payment for the pond phase is being coordinated with King County’s construction of the sewer storage pipe in Boeing Creek Park, which is scheduled for construction in June 2005. She said the contract with SPU is to provide daily construction inspection and coordination, documentation, material tracking, coordination with City staff, and community interaction. The City will remain the lead on the project and the primary public information provider. Staff recommends SPU because it has experienced staff and state-of-the-art technology (including lab services) and can commit its resources during the duration of the project. SPU has successfully provided this type of work for other agencies outside Seattle, and its workload is currently low so it can perform the work at a competitive rate.
Deputy Mayor Jepsen moved approval of the motion to award the bid and to authorize the construction inspection and administration contract. Councilmember Chang seconded the motion.
Responding to Councilmember Ransom’s concern that only one out of thirteen bids came in below the engineer’s estimate, Ms. Marilley said staff shares this concern and continues to implement as many controls as possible to ensure accurate estimates.
Councilmember Grace supported the use of SPU staff for the contract administration, noting this is a good example of sharing resources among agencies.
Deputy Mayor Jepsen noted that this is the first project in which bio-retention would be utilized. He emphasized the importance of having a long-term plan to maintain all bio-retention facilitites to ensure they continue to function. Ms. Marilley said the consultant would devise a plan to ensure proper maintenance, and adjacent property owners would be educated so they are partners in the maintenance effort.
Councilmember Chang urged that the project be completed as quickly as possible, noting that the longer it takes to complete a project, the higher the costs. He wished to ensure that projects are completed quickly in order to save money.
Councilmember Fimia divided the total project costs ($3.3 million) by the 20 homes that experience flooding to arrive at $177,000 per home. She felt this was in the “ballpark” the City could afford, and that property buyout might be a cost-effective option to use in the future.
Mayor Hansen commented that the project is part of the overall surface water plan that benefits the entire neighborhood, not just the 20 homes that experience flooding. Ms. Marilley concurred.
Responding to Councilmember Ransom, Ms. Marilley said the project should be completed in early spring, before the Metro project begins.
A vote was taken on the motion to authorize the City Manager to execute a construction contract with Thomco Construction, Inc. for the 3rd Avenue NW Drainage Improvements Project, NW Richmond Beach Road to NW 175th Street, and execute change orders up to 10% of the contract amount, and to authorize the City Manager to execute a professional services contract with Seattle Public Utilities for construction inspection and administration of this project, which carried unanimously.
Councilmember Grace left the Council table at 9:35 p.m.
(b) Ordinance No. 361 approving a preliminary formal
subdivision for thirty-two lots and seven private
land tracts located at 19201 15th Avenue NE
Tim Stewart, Planning and Development Services Director, described the application to subdivide eight lots into thirty-two building lots, six open space tracts and one access tract to build town homes grouped into seven fourplexes and two duplexes along the access tract. He described the Planning Commission’s deliberations and its conditions of approval for the application. He distributed a revised ordinance that added “including landscaping and trees” to Condition #2, which requires the Homeowner's Association to maintain and repair any required frontage improvements abutting the subdivision. Another condition requires that units adjacent to 15th Avenue NE should present a facade towards the street that contributes to the streetscape in a manner similar to single-family attached housing development on the northwest corner of Westminster Avenue N and N 150th Street. Other conditions include requirements for pedestrian access, collaboration with Seattle City Light, pest control prior to demolition, and soils analysis. He noted that an engineering variance has been issued for the turnaround of the access tract to bring the project in conformance with City engineering standards.
Deputy Mayor Jepsen moved to pass the revised Ordinance No. 361 as distributed. Mayor Hansen seconded the motion.
Deputy Mayor Jepsen said he requested amended Condition #2 to emphasize that adjacent property owners are responsible for maintaining frontage improvements. He felt the City should start emphasizing and enforcing this standard.
Councilmember Ransom noted that 42-inch sidewalks are too narrow for opposing wheel chairs to pass, and therefore not ADA compliant. He requested clarification of Planning Commission action regarding sidewalks adjacent to the project on 15th Avenue NE. Mr. Stewart said the Planning Commission voted against a motion to require the developer to extend the sidewalks further south on 15th Avenue NE.
Councilmember Ransom expressed concern about the problems that may potentially arise if the project causes storm water to drain onto 15th Avenue NE. Mr. Stewart said the development is subject to very detailed core requirements for drainage relating to discharge, downstream capacity, flow controls, conveyance, erosion, sedimentation, and system operation and maintenance. He said these standards must be met for any development in Shoreline.
Councilmember Ransom felt that an alleyway could have served as an alternate access to the property. Mr. Stewart noted that both the Shoreline Fire Department and City engineering staff approved the proposed configuration.
Councilmember Fimia noted that the homes along Westminster are oriented toward the street, as opposed to the homes along Whitman Avenue, which have garages on the street. She felt a street-oriented design is more attractive and encourages interaction between neighbors. However, she wondered if the configuration for this project would orient neighbors on the west toward the back of their neighbors’ houses.
Mr. Stewart said the concept is to have vehicular access in the interior court, with the development facade fronting 15th Avenue NE. The facade of the town homes on the west will face west.
Councilmember Chang speculated that about four such developments in the City each year would meet GMA housing targets.
Deputy Mayor Jepsen said while he is concerned about the narrow width of sidewalks proposed along 15th Avenue, he is also concerned that the Planning Commission might be suggesting overly prescriptive design elements.
Mayor Hansen asked if a water retention vault would be required for this property. Mr. Stewart suspected that a water retention vault would likely be the remedy for this development, but a detailed engineering study would make the final determination. He said the applicant is required to meet all development standards outlined in the City’s storm water manual.
A vote was taken on the motion, which carried 5-0, and Ordinance No. 361 approving a preliminary formal subdivision for thirty-two lots and seven private
land tracts located at 19201 15th Avenue NE was passed.
MEETING EXTENSION
At 9:58 p.m. Councilmember Ransom moved to extend the meeting to 10:20 p.m. Councilmember Chang seconded the motion, which carried unanimously.
(c) Motion to secure the funds to award the bid for the
Spartan Gym Phase II project and approve the transfer
of $125,000 in 2005-2010 CIP funds to complete the
project and recommend that the Shoreline School Board
award the Spartan Gym Phase II project to Cope
Construction Co. for the bid amount of $537,250.00
Dick Deal, Parks, Recreation and Cultural Services Director, described the background on the joint use agreement between the City and the Shoreline School District regarding the use of Spartan Gym. In 2001, the school district invested $2 million in improvements to the Spartan Gym and executed an addendum to the agreement that allows City to manage the facility. The agreement also requires the City to make additional improvements. He described the existing facilities and outlined the many new amenities the project would provide to transform an athletic-based facility into a “true community center.” He provided an update on the bidding process and requested authorization to proceed with the project. The low bid, Cope Construction Co., was 30% over the architect's estimate of $411,983. The low bid plus all design cost, construction management fees, permit fees, taxes, equipment and contingency totals $783,268. The project budget as approved in the current CIP is $680,000. The project budget was increased by $1,927 due to inflation, bringing the total project budget to $681,927. Given this, an additional $101,341 will be needed to proceed with the award of this bid. Since the project is being completed on School District property, and per the joint use agreement, the City would be funding the improvements and the Shoreline School District would be approving the bid and managing the construction.
Continuing, Mr. Deal explained the proposal to fund this project by transferring funds from the 2005 Cromwell Park Master Plan budget and the 2005 Richmond Beach Master Plan budget. He said the transfer would leave sufficient amounts in each budget to complete the master plans, adding that the Parks, Recreation and Cultural Services Board unanimously recommended the transfer.
He went on to describe the efforts to reduce the scope of the project to save money, noting that remodeling a relatively small facility such as the Spartan Gym cannot take advantage of the economy of scale that larger facilities can. He also commented on the market factors that have created a difficult bid climate. He concluded by recommending that Council move this project forward so the City can fulfill its commitment to the school district and facilitate the creation of an enhanced community center.
Councilmember Fimia moved to secure the funds for the bid and recommend that the School Board award it to Cope Construction Co. Councilmember Ransom seconded the motion.
Deputy Mayor Jepsen was not entirely sure the school board is ready to move forward with this proposal. Mr. Deal assured him that there is school board support for this project and said that other cities have spent millions of dollars on community centers, so, by comparison, Shoreline is getting a quality community center for a small investment.
Councilmember Ransom commented that the facility serves as much more than a gymnasium and will eventually be able to host cultural events.
Councilmember Fimia noted that the school district might qualify for Commute Trip Reduction funding to make additional improvements to the Shoreline Center, such as shower facilities. She supported reducing the amount of the master plan funding, noting she would rather spend funds on facilities than on facilities planning. She said Council should be more aggressive in challenging staff about how much to allocate for planning.
A vote was taken on the motion to secure the funds to award the bid for the
Spartan Gym Phase II project and approve the transfer of $125,000 in 2005-2010 CIP funds to complete the project and recommend that the Shoreline School Board
award the Spartan Gym Phase II project to Cope Construction Co. for the bid amount of $537,250.00, which carried unanimously.
Responding to Deputy Mayor Jepsen’s earlier comment regarding the North City Project, Councilmember Fimia clarified that the Council’s vote does not mean the North City Project will not move forward. She said the Council is simply deliberating among itself and the public about the project scope. Deputy Mayor Jepsen responded that the vote against the bid award means that nothing is moving forward at the present time.
10. ADJOURNMENT
At 10:20 p.m., Mayor Hansen declared the meeting adjourned.
_________________________
Sharon Mattioli, City Clerk