CITY
OF SHORELINE
SHORELINE
CITY COUNCIL
Monday, February 9, 2004
Shoreline Conference Center
PRESENT: Mayor Hansen, Deputy Mayor Jepsen, Councilmembers Chang, Fimia,
Grace, Gustafson, and Ransom
ABSENT: none
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.
Mayor Hansen read a proclamation recognizing Judge Eadie’s many professional, social, and cultural contributions to the Shoreline community. Judge Eadie accepted the commendation and thanked the City for this recognition and his family for their support.
3. CITY MANAGER’S REPORT
Steve Burkett, City Manager,
commented on the near completion of the Ronald Bog gateway project and the
south segment (145th to 155th Streets) of the Interurban
Trail. The ribbon-cutting ceremony for
Ronald Bog will be held March 1 at 3:00 p.m., and the ceremony for the
Interurban Trail will be held in April.
4. REPORTS OF BOARDS AND COMMISSIONS: none
Councilmember Grace reported on his attendance at an
Association of Washington Cities (AWC) meeting, which included a seminar on the
legal requirements of cities. He also
commented on his meeting with the Shoreline Merchants Association and the
Chamber of Commerce, which included discussion of the Aurora Corridor project.
Councilmember Fimia commented on her attendance at the
AWC meeting, where she learned more about the differences between city and
county government.
Deputy Mayor Jepsen commented on his attendance at the
February Council of Neighborhoods meeting.
He announced that the Ronald Wastewater District (RWD) will attend a
joint neighborhood meeting with North City and Ridgecrest later this month to
discuss annexation. He explained that
the area must be annexed in order to vote for RWD commissioners.
Mayor Hansen commented on the grand opening of Top Foods
and on his attendance at a Suburban Cities Association meeting.
5. PUBLIC COMMENT
(a) Bob
Phelps, Shoreline, on behalf of the Shoreline Auxiliary Communications Service
(Shoreline Amateur Radio), emphasized the need for a full-time Emergency
Management Coordinator and urged approval of Ordinance No. 346.
(b) Vicky
Westburg, Shoreline, contended that while Resolution No. 212 may facilitate and
expedite the legislative process for Councilmembers, it does not provide for
adequate citizen involvement. She
questioned the need for an emergency clause, noting that one week is sufficient
time to wait to consider City business.
She concluded that quality is rarely associated with haste.
(c) Ginger
Botham, Shoreline, commented on a project in her neighborhood in which a common
play area was created from the easements of two adjoining lots. She explained that one side of a fence has
been removed, which gives the impression that the common area belongs to the
adjacent property owner. She said the
City should specify the rules so that future property owners do not have to
negotiate use of the common area. She
related this to situation to Resolution No. 212, noting that all rules must be
clearly specified or people will figure out ways around them.
(d) Jacqueline
Nilsson, Shoreline, expressed concern about the background statement for
Ordinance No. 346 and suggested that the job description for Emergency
Management Coordinator needs further refinement. She was concerned about the elimination of the Fire Department’s
Community Emergency Response Training (CERT).
She suggested that Council refine the plan before giving City staff full
authority to implement it.
(e) Janet
Way, Shoreline, representing the Thornton Creek Legal Defense Fund (TCLDF),
reported on the sighting of a 20-inch steelhead trout in Thornton Creek. She noted that City staff, the Department of
Fish & Wildlife, and Councilmember Fimia confirmed the sighting. She said this event is significant because
it demonstrates that Thornton Creek is a Class II salmonid stream that supports
fish habitat. On another topic, she
clarified that the Planning Commission did not review the Reasonable Use
definition (as discussed last week), and that the TCLDF did not approve all the
changes to the Development Code that were made by Ordinance No. 324.
(f) Cindy
Ryu, Shoreline, said Resolution No. 212 does impact public comment because
Sections 5.5 and 5.7 of the Council’s Rules of Procedure affect how and when
items are placed on the agenda. She
said that although citizens need an effective Council that can act in a timely
manner, it is also important to digest the issues and get feedback. She asked that the Council look at its
procedures as a whole and not section by section.
(g) Patty
Crawford, Shoreline, asked that the City follow up on what is happening in the
state appeals court regarding the Gaston lawsuit, since the City submitted a
joint brief to the court. She said the
City continues to change its code provisions to allow the Aegis
development. She said neither the
Planning Commission nor the public had a chance to comment on the changes made
to the definition of Reasonable Use.
She asked if the City plans to amend the recent changes to the
Development Code. She also asked for
the status of the surface water contract for her property. She concluded that the City is ignoring the fact
that the new Twin Ponds play structure is impervious surface.
(h) Tim
Crawford, Shoreline, expressed support for the Emergency Management Coordinator
position. He explained that the City
has created the Critical Areas Special Use Permit and now the Reasonable Use
definition solely for the benefit of the Aegis development. He said the City has no credibility on
salmon restoration or other resource conservation efforts.
Responding
to Ms. Nilsson’s comments, Councilmember Ransom asked for clarification about
how the Emergency Management position would impact CERT volunteers.
Councilmember
Fimia commented that the fish sighting legitimizes the claim that Thornton
Creek is a viable fish corridor. She
said the entire region faces this dilemma of balancing the preservation of
rural areas with urban habitat. She
emphasized the need to observe established laws, and said the Planning
Commission now wishes to review the Development Code changes again.
Mr.
Burkett affirmed that the Planning Commission expressed a desire to revisit the
definition for Reasonable Use.
Councilmember
Fimia suggested that it be placed on an accelerated review schedule. She also suggested that staff follow up on
the Crawford’s surface water issue.
Ian
Sievers, City Attorney, said the issue is still in litigation and will not
likely be resolved until a pending variance issue and disputed facts are
resolved.
Councilmember
Ransom raised the issue of how the fish swam through 160 feet of underground
pipe. He wondered how, even if the fish
made it through the pipe, it got over the four-foot dam. He wondered whether the dam on state
property could have been modified to allow the fish upstream. Mr. Burkett said the City investigated it
with the property owner (Washington State Department of Transportation) and
WDFW and concluded that the dam has not been modified.
6. APPROVAL OF THE AGENDA
Upon motion by Deputy Mayor
Jepsen, seconded by Councilmember Ransom and unanimously carried, the agenda
was approved.
7. CONSENT CALENDAR
Upon motion by Councilmember Ransom,
seconded by Deputy Mayor Jepsen and carried 6-0 (Councilmember Gustafson
briefly stepped away from the Council table at 8:20 p.m.), the following items
were approved:
Minutes of Special
Meeting of January 5, 2004
Minutes of Workshop of
January 20, 2004
Minutes of Regular
Meeting of January 26, 2004
Approval of expenses
and payroll for the period
ending January 30,
2004 in the amount of $1,366,531.00
8. ACTION ITEMS: OTHER ORDINANCES, RESOLUTIONS AND MOTIONS
(a)
Selection of Subcommittee to
evaluate Planning
Commission
applicants
(b)
Selection of Subcommittee to
evaluate Library
Board
applications
Tim Stewart, Planning and Development
Services Director, explained that the terms of five Planning Commissioners will
expire on March 31, 2004. The vacancies
have been advertised, with the application period closing on February 17, 2004. In the past, Council has selected a subcommittee
from among its members of two or three Councilmembers to review the
applications, conduct interviews, and make recommendations to the full
Council. Staff recommends that the
subcommittee bring its recommendation to the full Council at the March 22, 2004
regular meeting, so that the new Planning Commissioners would take office at
the April 1, 2004 regular meeting of the Planning Commission.
Mr. Burkett explained the
need to fill four vacant positions on the Library Board by March 31, 2004 using
a similar process.
Responding to Councilmember
Ransom, Mr. Stewart explained that City ordinance prohibits Planning
Commissioners from serving more than two terms. Therefore, one commissioner is not eligible to reapply.
Mayor Hansen called for
volunteers to serve on the subcommittees.
All Councilmembers expressed a willingness to serve on the subcommittee
to evaluate Planning Commission applicants.
Mayor Hansen appointed
Deputy Mayor Jepsen and Councilmembers Chang and Fimia to serve on the
subcommittee to evaluate Planning Commission applications. He then appointed Councilmembers Grace,
Gustafson and Ransom to serve on the subcommittee to evaluate Library Board
applications. He asked that the
subcommittees bring their recommendations to the full Council at the March 22
meeting so that appointments can be announced.
Councilmember Ransom noted
that of the four vacant positions on the Library Board, one member could not
reapply due to term limits. One
position is for two years of an unexpired term; the remaining positions are
four-year terms.
(c)
Ordinance No. 346 creating an
Emergency Management Coordinator Position
Police Chief Denise Turner explained the
recommendation to authorize an amendment to the 2004 budget to add an Emergency
Management Coordinator position to the Police Department. She pointed out that half her time is spent
on emergency management, which reduces her effectiveness in directing the
police department. She emphasized that
emergency management is the City’s responsibility, and the City needs a
full-time Emergency Management Coordinator to effectively fulfill its
responsibilities.
She reviewed the proposed
work plan for the position, which includes finalization of the Hazard
Mitigation Plan. This plan must be
complete by November 2004 for the City to qualify for federal mitigation
funding. She explained the difference
between adopting a plan and implementing a plan, noting that the Emergency
Management Council identified 28 hazard mitigation strategies that were later
reduced to eight priorities. Other work
plan items include managing the Emergency Operations Center and updating
sections of the Emergency Operations Plan.
Chief Turner emphasized the
importance of the CERT program and clarified that it will continue as a partnership
with the Fire Department. She said
funding is available to offer training sessions in the spring and fall of next
year.
Ron Mahlert, Shoreline Fire
Chief, spoke in support of the proposal.
He explained that bringing in a new credentialed employee for this
position would save the City time and training costs. He affirmed that the existing budget would support continued
training of CERT volunteers and staff.
He pointed out that the police and fire departments have integrated more
than ever since Chief Turner assumed responsibility for emergency
management. He felt that having an
Emergency Management Coordinator with a more direct connection to the City and
staff would benefit the community.
Mr. Burkett explained that this
position is almost entirely funded with existing police funds and grants. The position will require $7,427 in new
money.
Councilmember Gustafson moved to pass Ordinance
No. 346. Councilmember Fimia seconded
the motion.
Councilmember Fimia emphasized
the need for the Council, staff, and the community to help support this
position. She said everyone has a
responsibility for emergency management due to the numerous tasks involved. She suggested that the ordinance include
language to help reinforce this idea.
She also suggested that the qualifications include “people skills,”
since coordinating with the public can be challenging.
Councilmember Ransom
generally supported the proposal, although he questioned whether the City would
be able to find someone matching the education and experience
requirements. He also asked for
information about how the position was placed on the salary schedule, including
the salary survey and any other research on comparable positions in other
jurisdictions.
Chief Turner explained that
staff researched the comparables and salary survey for this position, although
that data was not included in the Council packet. She said the position is
comparable to a management analyst, as opposed to a police department position,
which has different duties.
Deputy City Manager Bob
Olander affirmed that staff worked with the personnel department in analyzing
similar positions throughout the Puget Sound area. He explained that direct comparisons are difficult to make because
some cities use battalion chiefs and fire captains for emergency management,
while others use civilian employees. He
said although it is not easy to find direct comparables, the City did its best
and is comfortable with the recommended salary range.
Councilmember Ransom wondered
if there are enough people with the necessary qualifications to even apply for
the position.
Chief Turner pointed out that
several people have already expressed their interest in applying for the
position, and that jurisdictions have been actively involved in emergency
management for many years. She
clarified that the job description requires a combination of education and/or
experience, so the City can be somewhat flexible about its requirements.
Councilmember Gustafson
expressed support for the proposal. He
agreed that the job description should emphasize the fact that everyone plays a
role in emergency management.
Councilmember Grace pointed
out that emergency management is an ongoing commitment that will require a
coordinated effort by the City, Fire, Police, and others. He suggested that the Council consider this
when it begins its budget process for next year. He was also concerned about whether one position could handle all
these responsibilities. Chief Turner
assured him that there would be opportunities for partnering and community
education in order to spread the responsibility evenly.
Councilmember Ransom restated
his request for information on salaries and comparables.
A vote was taken on the motion, which carried
7-0, and Ordinance No. 346 was passed.
(d)
Resolution No. 212, amending
Resolution No. 183 by amending Sections 5.5 and 5.7 of the Rules of Procedure
for the City Council relating to Final Actions of Council (motion postponed
from January 26, 2004 meeting)
Mr. Burkett noted that the
motion on the floor is for adoption of Resolution No. 212 as proposed on
January 26, 2004. Staff has proposed a
substitute resolution that addresses some of the issued raised by Council and
the public at that time. Councilmember
Fimia also proposed additional amendments.
Mr. Burkett said staff viewed
this as a solution to a small problem of interpreting what kind of authority
Council is giving staff, and also to make the rules conform to current
practice. He addressed the question of
what type of situations would warrant action at a workshop meeting. He said Council has used special meetings in
the past to award bids to meet deadlines for capital projects, and to respond
to King County’s Brightwater Environmental Impact Statement. He pointed out that the Council held several
unplanned meetings in December 2003 to fill the Council vacancy. He was confident that the proposed changes
would not infringe on anyone’s rights, as some have claimed at prior
meetings. He concluded by stating that
Council had five options: 1) adopt the initial proposal; 2) adopt staff’s
revised proposal; 3) adopt Councilmember Fimia’s proposal; 4) do nothing; or 5)
make other revisions.
Councilmember Grace moved to postpone the motion
until the next regular meeting after the Council retreat (April 26). Councilmember Ransom seconded the motion.
Councilmember Gustafson
expressed support for the motion, noting he would like to have time for further
review.
Councilmember Ransom called
attention to the difference between Council’s customary practice and what the
rules allow. He said the revised
proposal is closer to Council’s actual practice. He noted that there would be a discussion of all aspects of the
community input process coming up in the future and these rule changes can be
part of that discussion.
Councilmember Fimia pointed
out that when one part of the rules is changed, other parts could be
affected. She agreed that postponing
action would ensure that Council does a thorough job.
A vote was taken on the motion to postpone this
item until April 26, which carried 7-0.
Deputy Mayor Jepsen asked
that the Council meeting of February 23 include an update on House Bill 2442
(including access to family planning services in growth management planning) if
the legislature is still considering it by the next meeting. He felt this legislation could affect the
City’s growth management responsibilities.
Councilmember Fimia raised
the issue of what items are placed on the website related to the Council
agenda. She noted that currently only
the printed packet material is accessible on the web. She felt that proposals by individual Councilmembers should also
be posted.
Mayor Hansen said this could
be discussed at a future time, possibly the Council Retreat.
9. EXECUTIVE SESSION
At 9:18 p.m., Mayor Hansen
stated that Council would recess into executive session for twenty minutes to
discuss litigation. At 9:48 p.m. the
executive session concluded and the regular meeting reconvened.
10. ADJOURNMENT
At 9:49 p.m., Mayor Hansen
declared the meeting adjourned.
_________________________
Sharon Mattioli, City Clerk