CITY OF SHORELINE
SHORELINE CITY COUNCIL
Monday, May 3, 2021 Held Remotely via Zoom
7:00 p.m.
PRESENT: Mayor Hall, Deputy Mayor Scully, Councilmembers McConnell, McGlashan, Chang, Robertson, and Roberts
ABSENT: None.
1. CALL TO ORDER
At 7:00 p.m., the meeting was called to order by Mayor Hall who presided.
2. ROLL CALL
Upon roll call by the City Clerk, all Councilmembers were present.
(a) Proclamation of Mental Health Awareness Month
Mayor Hall announced the issuance of a proclamation declaring the month of May as Mental Health Awareness Month in Shoreline.
3. APPROVAL OF THE AGENDA
The agenda was approved by unanimous consent.
4. REPORT OF CITY MANAGER
Debbie Tarry, City Manager, provided an update on the COVID-19 pandemic and reported on various City meetings, projects and events.
5. COUNCIL REPORTS
There were no Council reports.
6. PUBLIC COMMENT
France Giddings, Shoreline resident, offered a Land Acknowledgement recognizing that Shoreline is on Duwamish and Coast Salish Land. Ms. Giddens then spoke about the significant trees removed as part of the Light Rail project and the time it will take to regain the carbon sequestration benefits lost. She urged the Council to impose a moratorium on tree removal until 2048.
Jackie Kurle, Shoreline resident, said that she is not anti-homeless or against the cause associated with the Enhanced Shelter, but she asked that the City make sure the operational aspects of the Shelter are fully attended to and that there is budget allocated for additional emergency response services, if the need arises.
Jack Malek, Shoreline resident and Planning Commissioner, expressed support for the proposed amendments to Ordinance No. 929. He suggested that Amendment Two should include periodic outreach to members of the neighborhood.
Nancy Pfeil, Shoreline resident, spoke regarding the requirement of appearance of fairness for site-specific rezone quasi-judicial proceedings. She reviewed the actions that have led to the property acquisition and rezoning of the Enhanced Shelter site and questioned the Council’s ability to be impartial.
7. CONSENT CALENDAR
Upon motion by Deputy Mayor Scully and seconded by Councilmember Chang and unanimously carried, 7-0, the following Consent Calendar item was approved:
(a) Approval of Minutes of Regular Meeting of April 12, 2021
8. ACTION ITEMS
(a) Action on Ordinance No. 929 - Amending Certain Sections of the Shoreline Municipal Code (SMC) Title 20, Including Establishing a New Section, SMC 20.40.355, Setting Forth Regulations for Enhanced Shelters in the Mixed Business Zone, and Replacing Interim Regulations
Steve Szafran, Senior Planner, delivered the staff presentation. Mr. Szafran reviewed the previous Council discussion of the proposed amendments, which includes a new definition for Enhanced Shelters and establishes Indexed Criteria to mitigate any impacts from the proposed use. He stated that as a result of Council direction, three amendatory motions have been prepared for Council consideration while taking Action tonight.
Mr. Szafran displayed the language for the amendatory motions and described the purpose and rationale for each request. Amendatory Motion No. 1 would recognize the inclusion of public agencies other than state, county, or cities, as potential operators of Enhanced Shelters; Amendatory Motion No. 2 would include the Fire Department along with law enforcement in establishing an agreed upon threshold of services for each; and Amendatory Motion No. 3 would add Indexed Criteria to require a separation between schools and Enhanced Shelters. Mr. Szafran said staff recommends approval of Ordinance No. 929 after consideration of the amendatory language presented.
Councilmember McConnell moved to adopt Ordinance No. 929 as recommended by the Planning Commission. The motion was seconded by Councilmember McGlashan.
Councilmember Roberts moved to amend the main motion to modify the Planning Commission’s recommendation and amend SMC 20.40.355(A) to state, “It shall be operated by a public agency, a State of Washington registered nonprofit corporation; or a Federally recognized tax exempt 501(C)(3) organization that has the capacity to organize and manage an enhanced shelter”. The motion was seconded by Councilmember Chang.
Councilmember Roberts said this is a good housekeeping amendment.
The motion passed unanimously, 7-0.
Councilmember Chang moved to amend the main motion to modify the Planning Commission’s recommendation and amend SMC 20.40.355(I)(3) to state, “An agreement that if calls for law enforcement and/or Fire Department services exceed an agreed upon threshold in any given quarter, the shelter operator will work with the City to reduce calls below the threshold level”. The motion was seconded by Councilmember McConnell.
Councilmember Chang said this amendment will allow for the accountability that the neighborhood wishes to see, and it makes sense to include thresholds for fire response with law enforcement response as a measurement of resources required.
The motion passed unanimously, 7-0.
Councilmember Chang moved to amend the main motion to modify the Planning Commission’s recommendation and add SMC 20.40.355(J) to state, “It shall be located at least 1,000 feet from the nearest public or private Kindergarten through 12th grade school”. The motion was seconded by Councilmember McConnell.
Mayor Hall pointed out that the distance indicated in Councilmember Chang’s motion is different than that which was established by the language in the staff report. Councilmember Chang said 1,000 feet seems like a reasonable distance and explained her rationale for decreasing the distance. She emphasized that this change would be for enhanced shelters in general, and a distance from schools makes sense in terms of separating uses.
Councilmember McConnell expressed support for the motion and voiced appreciation for the comments from Planning Commissioners Malek and Mork. She said this amendment shows support for community concerns around certain types of businesses and recognizes potential problems. She said conditions established to create accountability will prevent Shoreline from having the same sort of problems other cities have experienced.
Mayor Hall, Deputy Mayor Scully, and Councilmember McGlashan said they will not support this amendment. Deputy Mayor Scully said he will not support a distance regulation without evidence that it will increase safety, so there is no reason to create obstacles to the process for any future facilities. Councilmember McGlashan said that while he is somewhat okay with 1,000 feet as a distance requirement, it does not seem to eliminate enough properties to make it worthwhile. Mayor Hall added that it is important for children to be safe in our community and the City has invested a lot in improvements on Aurora Avenue to make it more family-friendly. He believes the Good Neighbor Plan and the required monitoring will ensure the community is kept safe and he does not want to stigmatize people for being homeless.
Councilmember Chang said it does not matter that there are no foreseen additional shelters and shared reasons why a distance regulation would be a sound action. She said this is not an effort to stigmatize the homeless, but to mitigate potential safety concerns.
The motion failed, 3-4, with Councilmembers Chang, McConnell, and Roberts voting in favor.
The main motion to adopt Ordinance No. 929 as further amended passed, 6-1, with Councilmember Chang opposing.
(b) Action on Ordinance No. 930 - Amending Development Code Chapters 20.20, 20.30, 20.40, and 20.50 and Chapter 13.12 Floodplain Regulations for Batch #1 of the 2021 Development Code Amendments
Steve Szafran, Senior Planner, delivered the staff presentation. Mr. Szafran stated that these amendments are time-sensitive to encourage development projects in the Light Rail Station areas and also include minor housekeeping amendments to update references to State Law. He said Council discussion included comments or alterations to four of the proposed amendments, and staff has drafted amendatory language to the following amendments: Amendment #3 would narrow the scope of agencies specified from “public agencies” to “public agencies operating an urban public transportation system within Shoreline”; Amendment #9 would provide clarification on how density would be calculated for parcels with more than one zoning district by amending one of the examples; Amendment #11 would remove the requirement of parking management plans for developments near the Light Rail Stations; and Amendment #14 offers two options of amendatory language regarding the removal of the incentive of expedited permitting for projects meeting Tier 4 of the Deep Green Incentive Program. The first establishes an implementation date for the proposed amendment and the second withdraws the proposed amendment from this batch, to be considered during future MUR-70’ development discussions.
Mr. Szafran concluded that staff recommends approval of Ordinance No. 930 with any amendments approved by Council.
Councilmember McConnell left the meeting at 7:42 p.m.
Deputy Mayor Scully moved to adopt Ordinance No. 930 as proposed by the Planning Commission. The motion was seconded by Councilmember McGlashan.
Deputy Mayor Scully said he wants to protect the projects in the pipeline for Amendment #14 and asked which of the 2 proposed amendments would do that the best. Mr. Szafran said he would recommend withdrawing it and looking at it as part of a larger conversation.
Councilmember Chang moved to amend the main motion to reject the Planning Commission’s recommendation for Batch Amendment No. 3 to include “public agency” in SMC 20.30.100(A)(1) and to amend SMC 20.30.100(A)(2) as proposed by staff in the May 3, 2021 Staff Report, to allow all public agencies operating an urban public transportation system within Shoreline to submit permit applications prior to property acquisition when their governing body has formally authorized acquisition but that a permit not be issued until the agency has purchased the property or received owner authorization. The motion was seconded by Deputy Mayor Scully.
Councilmember Chang said clarifying who can apply and holding off on issuing permits until the agency has authorization resolves any concerns she has with this amendment.
The motion to amend passed unanimously, 6-0.
Councilmember Chang moved to amend the main motion to modify the Planning Commission’s recommendation for Batch Amendment No. 9 to amend Example 2 for SMC 20.50.020(D)(2)(a) to use the “rounding down” Example #2 proposed by staff in the May 3, 2021 Staff Report. The motion was seconded by Deputy Mayor Scully.
Councilmember Chang said it is a good idea of have examples of rounding going both up and down.
The motion to amend passed unanimously, 6-0.
Councilmember McGlashan moved to amend the main motion to modify the Planning Commission’s recommendation to withdraw Amendment #14 and consider the amendment during the MUR-70’ development discussion. The motion was seconded by Councilmember Roberts.
Councilmember McGlashan agreed with staff that this amendment would be best discussed while considering the development regulations within MUR-70’. Upon request for clarification, Mr. Szafran explained the impact of this amendment to any current projects in the permitting process and said the two alternatives presented suggest establishing an end date or withdrawing the amendment.
Mayor Hall, Deputy Mayor Scully, and Councilmember Roberts expressed support for the amendment. Deputy Mayor Scully said he would like to see projects get off the ground before changes are made, and when the changes to the MUR-70’ zone are made they should be done in one batch. Councilmember Roberts agreed and Mayor Hall said these incentives can be considered as offsets to encourage transit-oriented development, so looking at the whole package and considering all offsets at a future date is appropriate. Councilmember Chang pointed out that staff only has a limited capacity for expediting permitting.
The motion to amend passed unanimously, 6-0.
Councilmember Roberts moved to amend the main motion to reject the Planning Commission’s recommendation in Batch Amendment No. 11 to amend SMC 20.50.400(A)(1) requiring preparation of a parking management plan and to amend SMC 20.50.400(A)(1) as proposed by staff in the May 3, 2021 Staff Report so that such a plan is not required. The motion was seconded by Councilmember Chang.
Councilmember Roberts said this amendment recognizes that Light Rail is a soon-to-be reality.
The motion to amend passed unanimously, 6-0.
Councilmember Roberts moved to amend the main motion to amend SMC 20.50.400(A)(1) to strike the words “with a complete pedestrian route from the development to the transit stop that includes City-approved curbs, sidewalks, and street crossings”. The motion was seconded by Deputy Mayor Scully.
Councilmember Roberts said that with development and transit stops coming, and presumably there will be complete pedestrian routes built throughout the MUR-70’ zone, parking should be required whether or not a complete pedestrian route currently exists. Deputy Mayor Scully added that this amendment removes unnecessary obstacles. Mayor Hall offered that this is an area that housing affordability is desired and when requirements are imposed that drive up cost, the cost of housing goes up as well.
The motion to amend passed unanimously, 6-0.
The motion to adopt Ordinance No. 930 as amended passed unanimously, 6-0.
(c) Action on Resolution No. 475 - Adopting a Six-Year Transportation Improvement Program (TIP) for 2022 Through 2027 and Directing the TIP to be Filed with the State Secretary of Transportation and Transportation Improvement Board
Nytasha Walters, Transportation Services Manager, delivered the staff presentation. Ms. Walters summarized the previous Public Hearing and discussion on the 2022-2027 Transportation Improvement Plan (TIP). She said that after the Council discussion, the only edit made was to add required language needed for railroad right-of-way preservation and displayed the language added to the narrative.
Ms. Walters described Councilmember Roberts’s two amendments proposed for consideration as potential projects for Safe Routes to Schools. One would add a portion of 200th Street (near Cascade School), the second would add two portions of Wallingford Avenue (near Echo Lake and Parkwood Elementary Schools) to the TIP. She said the next application for Safe Routes to Schools grant funding is in the fall of 2022 and noted that projects do not have to be listed in the TIP to be considered. Ms. Walters displayed vicinity maps of the locations and reviewed each location’s sidewalk prioritization ranking. She shared the motion language for the proposed amendments.
Ms. Walters said staff recommends that Council adopt the 2022-2027 Transportation Improvement Plan as presented.
Councilmember McGlashan moved adoption of Resolution No. 475 – Adopting a Six-Year Transportation Improvement Plan for 2022 through 2027. The motion was seconded by Councilmember Roberts.
Councilmember McGlashan said the TIP is great staff work, and he appreciates the addition of the railroad right-of-way preservation. He said he is not likely to support any amendments because the Plan is well rounded, and he is confident the staff have the areas on their radar for any potential grant opportunities.
Councilmember Roberts moved to amend the main motion to amend the draft 2022-2027 Transportation Improvement Plan as presented by Staff in Attachment A, Exhibit A by adding NE 200th Street, 25th Avenue NE to 30th Avenue NE (north side); Wallingford Avenue (North 192nd Street to North 195th Street); and Wallingford Avenue (North 150th Street to North 155th Street) to the unfunded project list as a safe routes to school projects. The motion was seconded by Councilmember Chang.
Councilmember Roberts said during the last budget process there was a lot of community support for adding North 200th Street as a funded project and that while it is listed as a medium project, if the scoring was revisited it might move up the prioritization ranking. He elaborated that all three segments are trying to complete sidewalks on blocks adjacent to schools and are adjacent to R-6 zones, so it is less likely that private development frontage improvements will bring sidewalk improvements. He said that while these may not be the greatest candidates for Safe Routes to School projects due to their short length, having them on the TIP elevates them in prioritization and gives a signal to the community that the City is interested in the projects. He said there is no cost in listing something on the TIP, and he hopes the City can find the funds to complete these segments.
Councilmember Chang asked if there are higher priority Safe Routes to School projects than the two proposed Wallingford segments that are not being considered to be added to the TIP. Ms. Walters said the evaluation is done closer to the time of application and elaborated that it is not necessary to put Safe Routes to Schools projects in the TIP. Adding them would not give them a higher priority and, even if a project is not identified as high priority, it could still be considered for grant applications if it matched the selection criteria.
Deputy Mayor Scully said he will not be supporting the amendment. He recognized these sidewalk improvements are valid, but there are reasonable requests from residents all the time and he wants to make sure Councilmembers do not fall into a position of championing individual projects. He has concern about the equity in a situation like this and wants project prioritization to be determined by the official prioritization process set forth.
The motion to amend the main motion failed, 1-5, with Councilmember Roberts voting in favor.
Councilmember Roberts said he will oppose the main motion because the decision to add schools and segments to the TIP has not been made. He asked when it will be the right time for Council to look at the sidewalk segments adjacent to schools and when the prioritization scorecards will be revisited, since factors change. He commented that many of the safety elements in the scorecard are based on recorded accidents and asked what it will take before protection of young children is measured.
Councilmember Chang said it would make sense to her to support the amendment if all the potential safe routes to school were added. Mayor Hall added that every Councilmember has the right to bring forward proposed amendments, and this was the appropriate time to discuss adding a project to the TIP.
Mayor Hall said he will be supporting the TIP as recommended by staff because there are many projects missing from it that Council would like to fund. This TIP represents good work, and he trusts staff to put forward the most competitive Safe Routes to School grant applications.
Councilmember Robertson thanked Councilmember Roberts for his passion and reiterated his question on when the prioritization project scorecards will be reviewed. Ms. Walters said staff is not planning to revisit the entire sidewalk prioritization plan in the short term, but if significant changes occur it might be appropriate to reevaluate specific locations. Ms. Walters stated that developing the sidewalk prioritization plan was a rigorous process, and safety was one of the criteria. She said given the newness of the sidewalk prioritization plan, the focus is on getting projects done. Councilmember Robertson concluded that that adding three projects to the TIP is too many for her to support but she recognized the importance of the safety of children.
Deputy Mayor Scully said that he is concerned that there is not a process for updating the sidewalk prioritization plan. He suggested there be either triggers or a timeline for reevaluating the application of the criteria. Ms. Walters said that review is usually done in a 10-20 year cycle and made note of his comment.
The motion to adopt Resolution No. 475 passed, 5-1, with Councilmember Roberts voting in opposition.
Mayor Hall left the meeting at 8:47 p.m.
9. STUDY ITEMS
(a) 2020 Year End Financial Report
Sara Lane, Administrative Services Director, delivered the staff presentation. Ms. Lane reviewed the COVID-19 fiscal impacts as projected in April 2020, which evaluated potential impact on the City’s revenue sources based on the three potential likely scenarios and considering the timeline for recovery. She said while there have been very real impacts to residents and the economy, the impact to the City’s revenue sources has been minimal. Ms. Lane offered that the time that was taken early on to evaluate impacts and receive guidance from City Council ensured that the financial sustainability of the City was maintained. She displayed graphs of both budgeted and actual General Fund revenues and expenditures and described the impact of the pandemic on the revenue sources of sales tax, State shared revenues, and Parks and Recreation revenue. She reviewed the Federal relief received and summarized the biennial expenditures at the General Fund level and gave a snapshot of the General Fund Reserve balances, which maintain a strong fund balance position.
Several Councilmembers expressed appreciation for the City’s resource management during the pandemic.
10. ADJOURNMENT
At 8:59 p.m., Deputy Mayor Scully declared the meeting adjourned.
/s/Jessica Simulcik Smith, City Clerk