Notes from Shoreline Council meeting November 9, 2020

Thursday, November 12, 2020

Pam Cross, Reporter
Shoreline City Council Meeting
November 9, 2020

Notes by Pam Cross

The meeting was held remotely using the Zoom platform.

Mayor Hall called the meeting to order at 7:00pm.
All Councilmembers were present.

Proclamation of Veterans Appreciation Day

In recognition of our veterans, a pre-recorded Veteran’s Day celebration and recognition event was created. There is a YouTube link available on the City’s website so you can watch it at any time. It is also being broadcast on Comcast Channel 21 Nov 11-13 at 10am and 3pm.

For more information and YouTube link: shorelinewa.gov/calendar

Report of the City Manager, Debbie Tarry

COVID-19 Update

Case counts in King County are at an all time high. The average over the past 14 days was 148 new cases per 100,000 residents. The target is 25.

In Shoreline we’ve had 75 new cases in the last two weeks. When the pandemic started most cases were in nursing homes or other long-term care facilities. The cases now are all throughout our community. So even though we’re getting tired of this, please continue to take prevention measures seriously. It’s not too late to make a difference.

Wear a face covering, especially indoors in public settings regardless of the distance between people. Remember the guidance is wear a mask AND maintain at least six feet of distance from others. Limit the number of people you are with, and the time you are with them. Avoid large gatherings. Do what you can to improve indoor ventilation by opening windows as much as you can. More fresh air means lower risk of infection. Wash hands frequently and clean surfaces often.

Get tested at the first sign of illness.

More information available at shorelinewa.gov/covid

Public Artwork

Shoreline Soundshell Internatural Station has been installed at The Park at Town Center. This was made possible by the City’s 1% for Art program.

Documentary screening online via Zoom: The Story of Plastic

Join us Saturday, November 14, 11am to noon for a virtual screening and panel discussion of this documentary. The film takes a sweeping look at the man-made crisis of plastic pollution and the worldwide effect it has on our planet and its inhabitants. Register to attend and for more information go to shorelinewa.gov/calendar

145th Interchange Online Open House

Learn about the current challenges at the 145th and I-5 interchange and our plans to address those challenges. Share what’s important to you and provide your comments October 26 through November 20. Go to 145thInterchange.infocommunity.org

Public Reminders

City Hall will be closed November 11 in honor of the Veterans Day holiday.

Mayor Hall recognized all those who participated in the Shoreline Climate Challenge and the winning teams shown below.


Council Reports

None

Public Comment
  • Kathleen Russell, Shoreline, Save Shoreline Trees - Spoke to prevent cutting of landmark trees 140 and 145 
  • Bergith Kayyali, Shoreline - Spoke against the cutting of trees throughout the City 
  • Jacqueline Kurle - Spoke against the enhanced shelter
Approval of the Agenda adopted by unanimous consent.

The Consent Calendar adopted unanimously by roll call vote.


ACTION ITEM 8(a) Public Hearing on Ordinance No. 903 - 2021-2022 Proposed Biennial Budget and the 2021-2026 Capital Improvement Plan (CIP)

This report supports the City Council’s continued discussion following the November 2 public hearing of the 2021-2022 Proposed Biennial Budget and 2021-2026 CIP.

Rick Kirkwood, Budget and Tax Manager, did the presentation

The Biennial Budget is available online at the City’s website shorelinewa.gov
  • Click on Budget and CIP Policies under the Government Plan
  • Budget Books on CD available for purchase at City Hall
The presentation included a review of the fund sources and the expenditures covered at last week’s meeting.

Last week Council directed staff to draft a resolution of substantial need. Proposed Resolution #468, providing for the substantial need, will be presented to the Council for action on the Nov 16th agenda. Ordinance #902 will also be presented for action on Nov 16th. It has been updated to reflect adoption of Resolution #468. Should the Council not adopt #468, then Ordinance 902 will need to be amended to reflect the dollar and percentage increase of 0.87%.

Staff was asked by Councilmember Roberts to obtain the cost of 160’ of sidewalk on 200th between 25th Ave.NE and the Aldercrest Campus. This will be discussed in the staff report for the Nov 16th Council meeting.

Opened public testimony

Public Comment - none

DISCUSSION
There were no additional questions or comments from the Council.


ACTION ITEM 8(b) Public Hearing and Discussion of Ordinance No. 908 – Amending Shoreline Municipal Code Title 20 to Adopt Chapter 20.94, Point Wells – Planned Area 4

In accordance with RCW 35A.14.340, Council is holding the first of two required public hearings on the proposed pre-annexation zoning and development regulations in proposed Ordinance No. 908. The Planning Commission has recommended the City Council approve the proposed amendments, adding a new Chapter 20.94 entitled Point Wells – Planned Area 4.

Andrew Bauer, Senior Planner, did the presentation

Background

Briefly, Point Wells consists of 61 acres located in unincorporated Snohomish County that has been in industrial use for more than 50 years. It is adjacent to Woodway on the North and East, Shoreline on the South, and Puget Sound on the West. The only vehicle access is through Shoreline. An active rail line, owned by Burlington Northern Santa Fe (BNSF), bisects a portion of the subarea on the East.

The City of Shoreline and Town of Woodway entered into a settlement and an Interlocal Agreement (ILA) in late 2019. The ILA aligns Shoreline and Woodway on many key issues. The City and the Town of Woodway have formed a joint work group with representatives from each jurisdiction to prepare a shared set of subarea plan policies and development regulations for the Point Wells Subarea intended to be implemented upon annexation by either Woodway or Shoreline. Per the agreement, Woodway has the first option to annex it. If Woodway does not annex Point Wells, then Shoreline would have the opportunity to do so.

The ILA also sets out how development would occur, addressing transportation, a secondary access through Woodway, residential density, public access to the shoreline building height and many other key features that have been in dispute for several years.

As provided in the ILA, a joint work group consisting of staff from the two jurisdictions was formed to develop a common set of policies and development regulations to be recommended for consideration to each respective Planning Commission and City Council. The draft Point Wells Subarea Plan and associated Planned Area 4 (PA 4) development regulations are the result of the joint work group’s efforts. They have been reviewed by the planning commission for tonight’s discussion.

Woodway’s planning commission forwarded their recommendations to their town council last week.

Proposed Ordinance No. 908 would adopt the zoning designation for the planned area “Planned Area 4,” and then implement regulations for this new zoning regulations.


*ADT - average daily trips
*LOS - level of service
*V/C - volume to capacity

The maximum density of the residential was 44 units per acre. After discussions with Woodway staff on this subject, we are proposing that be changed to “net“ acre in order to remove the unbuildable areas (roads, open spaces, underwater, critical areas and their buffers). The difference is substantial.

Opened public testimony

Public Comment

Jacqueline Kurle expressed concern about potential increased traffic on Richmond Beach Road and asked for confirmation there will be secondary access through Woodway.

DISCUSSION

Staff response to public comment: 4,000 ADT (average daily trips) will apply generally. Those traffic restrictions are effective now. Any new growth will be subject to that restriction.

Staff response to public comment: Assuming that the standards adopted by Woodway and Shoreline stipulate that it will be provided, secondary access will apply whether Shoreline or Woodway does development at Point Wells.

The staff report proposes
“Any combination of residential or commercial development or redevelopment that would generate 250 or more average daily trips shall provide a general-purpose public access road wholly within the Town of Woodway…”

What if a developer put in a few smaller projects that individually never hit 250 but did hit it cumulatively? Could the developer object to the access road because he “never hit 250” on a single project?

Reply: the intent is that once 250 ADT are generated, regardless of how you divide up your development, that the secondary road will be required. Staff will take another look at this verbiage.

Does the proposed code allow alternative street design, like a pedestrian street?

Reply: streets shown are the starting point, not a full analysis of all possible options. This question will be addressed in the development agreement. 

Didn’t Woodway start annexing the eastern portion?

Reply: they have the upper bluff area annexed, east of the railroad tracks. They annexed just the bluff. The upper area is not included in our slide. Mostly we’re talking about the western area.

Are the regulations Woodway is working on matching up with ours so if Woodway annexes, our interests are protected?

Reply: We have ILA protecting the interests of each other. The variation between Shoreline’s and Woodway’s existing standards depend on what is currently in the two city codes. We are in agreement on the main issues. The goal is to have the most alignment possible.

Through the ILA and the regulations discussed tonight, we are protecting all of those issues that were such a fight for so many years. This is a more restrictive subarea plan than what our own City Council initially adopted some 12 years ago or so. It’s a very positive direction.

There will be a second Public Hearing when this is scheduled for adoption, about a month from now.


STUDY ITEM 9(a) Discussing Ordinance No. 909 – 2020 Comprehensive Plan Annual Docket Amendments to the Shoreline Comprehensive Plan

Presentation by Steven Szafran, AICP, Senior Planner

Changes to the Comprehensive Plan are limited to no more than once per year.

The two proposed amendments are:
  1. Amend Table 6.6 of the Parks, Recreation, and Open Space Plan to acquire park and open space between Dayton Avenue and Interstate 5 and between 145th and 165th Streets.
  2. Amend the Point Wells Subarea Plan to be consistent with Interlocal Agreement (ILA) between City of Shoreline and Town of Woodway.
The land use goals and policies will guide future development and implement the shared vision of a pedestrian-oriented primarily residential site.

The capital facilities/utilities goals and policies address urban services such as sewer and water, stormwater, law enforcement, and telecommunication services.

The transportation goals and policies state that Richmond Beach Drive will continue to be classified as a local access street, and secondary access shall be provided by Woodway.

Environmental Preservation/Protection goals and policies include the extensive clean-up and environmental remediation required due to its former industrial use.

A new item is governance that states that the City of Shoreline and the Town of Woodway will continue to work hand in hand in development of this site no matter who eventually annexes it.

Land use policy 51 states that Point Wells will be developed according the ILA and the Planned Area 4 will dictate the zoning if the property is annexed by Shoreline.

DISCUSSION

The transportation requirements are all different measures: average daily trips, level of service and volume to capacity. How do they fit together?

Reply: they are limiting factors. I’m not a traffic engineer but we did discuss this. You could meet one goal while exceeding another. Since it doesn’t meet both criteria, it would not be allowed.

Amendment 1 Parks, Recreation, Open Space (PROS) plan. In the staff report there are two figures $7.2M and $9.9. Are these the existing figures for the entirety of the PROS Plan? And this amendment doesn’t add to those, it just changes the geographic space where the park would be located?

Reply: correct


STUDY ITEM 9(b) Discussing Ordinance No. 907 - Amending Development Code Sections 20.20, 20.30, 20.40, 20.50, and 20.80 for Administrative and Clarifying Amendments

Steven Szafran, AICP, Senior Planner continued presentation

Amendments are collected throughout the year. Most of this group of amendments come from staff based on administrative corrections, clarifications and new policy direction. Anyone may submit an amendment.

The commission reviewed the batch on Aug 20 and Sept 17, and held a public hearing on Oct 1, 2020. Tonight we are going over the administrative (housekeeping) amendments and clarifying amendments. Clarifying amendments are amendments that have been subject to interpretation, generated from previous Code Interpretation decisions, or conflict with other code sections. There are 9 administrative amendments and 23 clarifying amendments.

Staff recommends withdrawing Administrative Amendment #9 regarding local access streets for additional study.

The list and explanation of clarifying amendments is in the staff report.

DISCUSSION

Amendment #18 the tree protection standards. The problems don’t occur during the planning or development stages. The problem is during the developing and lack of monitoring to make sure the fences and trees etc stay in place. What do we do for monitoring?

Reply: There are many different steps involved.

It’s just part of the process? It’s not in the code?

Reply: we will look into what requirements we have in place and get back to you with that.

We need a comprehensive look at our tree protection.

On this same amendment, it states no “development” which is a new word. What does development mean?

Reply: it’s a defined term. Construction, reconstruction, conversion, alterations… there’s a large list of what it means.

Amendment #2 provides the definition of a junk vehicle. How does a code enforcement officer determine that a vehicle is incapable of being operated on a public highway?

Reply: it could be expired tabs or broken tail lights that would make it illegal to drive on the highway.

My concern is a code enforcement officer could make that determination about a vehicle on private property or in the city right-of-way. This could have the effect of criminalizing someone who can’t afford tabs, repair tails lights or pay to fix broken window in car.

John Norris, Assistant City Manager, replies: I hear the concern, but our threshold is pretty high. They look at are the wheels missing? Steering wheel present? It has to be very clearly inoperable.

We have a good enforcement practice, but a code enforcement officer could possibly be pickier.

We don’t want to criminalize poverty. But we do get a lot of calls about junk cars.

Margaret King, City Attorney, pointed out that we are using the State definition for Junk vehicle found in RCW 46.55.010

What if it is clearly junk? What is the procedure?

John Norris replies: It depends where it is, on the public right of way or private property. Our process is to work toward voluntary code compliance. We write at least two letters informing the owner seeking compliance, then tag vehicles that are in the right of way. We can impound only after a second tag. This is generally our procedure.

Linking the code language to the fee schedule is straightforward and appropriate

Mayor Hall has proposed an amendment that parking reductions for low income housing should be combinable with other reductions because parking is a big cost to the developer. It makes sense to combine parking incentives to encourage affordable housing.

Meeting Adjourned.

SHORELINE CITY COUNCIL CLOSED SESSION following regular meeting

CLOSED SESSION PURSUANT TO RCW 42.30.140(4)(b) - Discussing Collective Bargaining

Per 42.30.140(4)(b) Council may hold a closed session to plan or adopt a strategy or position to be taken by the City Council during the course of any collective bargaining.




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