CITY
OF
SHORELINE
CITY COUNCIL
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
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 Deputy Mayor
Jepsen, seconded by Councilmember Chang and unanimously carried, Councilmember
Gustafson was excused.
(a) Proclamation
of Junior Chamber Week
Mayor
Hansen presented the proclamation to representatives of the Junior Chamber, who
described their latest project – a candlelight vigil at
3. CITY MANAGER’S REPORT
§
Mayor
Hansen commented favorably on the DUI campaign, noting that only one DUI
citation was issued among 108 traffic stops.
4. COUNCIL REPORTS
Councilmember Fimia reported on the finalization of legislative
redistricting, noting that Shoreline retained its position with the other north
end cities of
Councilmember Ransom highlighted various topics
discussed at an economic development presentation sponsored by Enterprise
Seattle. He commented on the
international trade imbalance of $660 billion per year and its negative effect
on the
Councilmember Grace noted that former Shoreline Police
Chief Sue Rahr was appointed King County
Sheriff.
Councilmember Chang also commented on topics at the
Enterprise Seattle meeting, noting the emphasis on biotech investment in the
5. PUBLIC COMMENT
(a) LaNita
Wacker, Shoreline, addressed the issue of civility at Council meetings, advising
that if elected officials “can’t stand the heat” they should “get out of the
kitchen.” She felt the decorum problems
at last week’s meeting came from the excessive use of police power to infringe
on a citizen’s first amendment rights. She advised that elected officials’ duty is to
sit “quietly, patiently, and tolerantly” during public comment periods. She emphasized the importance of ensuring
that citizens are able to participate in the public process, urging the Council
not to use the police force to intimidate them.
RECESS
At
(b) Rick Stephens,
Shoreline, commented favorably on the joint meeting between the Chamber of
Commerce, Forward Shoreline, Shoreline Merchants Association, and City staff
regarding the sign ordinance. He concluded that a majority of this group
achieved consensus on removing “sharing common access,” from the proposed
amendments, although business owners still have concerns about nonconforming
signs. He expressed concern about the
subjective standards for nonconforming signs and urged the Council to
“grandfather in” existing signs. He felt
this is only fair to owners who have invested thousands of dollars in
signage. He said it makes no sense to
stifle the functioning of a commercial zone by restricting commercial speech
through stringent design controls. He
said the commercial zone can function to its maximum economic capacity without
directly conflicting with the goals and aesthetics and traffic safety.
(c) Larry
Owens, Shoreline, commented on the activities of the Shoreline Solar Project
(SSP) and its efforts to bring renewable energy systems to Shoreline. He noted that the SSP spearheaded the effort
to bring solar power to the first public institution,
(d) Diana
Stephens, Shoreline Chamber of Commerce, commented on the election of new board
members and encouraged the membership to get involved on Chamber
committees. She noted that tourism would
be a major Chamber emphasis, given the China-USA summit in June and the 2010
Winter Olympics in
(e) Ken Cottingham, Shoreline, noted that the City is projecting
budget deficits in coming years and urged the Council to live within its
means. He encouraged a “pay-as-you-go”
approach to spending, noting that future generations will be forced to pay for
the “indiscretions” of today. He opposed
borrowing or using bonds to finance future expenditures, urging the Council to
be fiscally responsible and avoid debt.
He felt that $3 million could be cut in the first mile of the Aurora
Corridor Project using this approach.
(d)
Patty Crawford,
Shoreline, pointed out that citizens are not afforded the same amount of time
or resources that City staff has to address issues. She objected to Mr. Olander’s
assertions regarding Peverly Pond and Aegis
mitigation, noting that the City did not take the proper precautions to prevent
sediment from entering the pond. She
said the Aegis mitigation requirements are not being met, and that citizens do
not want off-site mitigation in City parks done by developers. She said mitigation is worth money, and that
the City will need mitigation if it intends to complete more projects. On another topic, she asserted that the attorney
representing the City in the Townsend lawsuit blamed Tia
Townsend for her own death. She concluded
that the City incorrectly blamed her husband for disrupting the meeting last
week. She said the Mayor should have
excused those who were there to comment on the City Hall project, as he did
with those wishing to speak on the gambling issue.
(e)
Tracy Tallman,
(f)
Karana Hawkins, Shoreline, said that sometimes people get loud at
City Council meetings because they want to be heard. She urged the City to consider the first amendment
rights of citizens before it uses the police to suppress loud debate. On another topic, she commented on the
inadequate childcare in Shoreline, noting that many people make too little to
qualify for subsidized childcare. She
encouraged the City to create a subsidized child care program for those who do
not qualify for state or federal subsidies.
(g)
Walt Hagen, Shoreline,
referred to Councilmember Ransom’s report on economic growth and jobs. He felt the emphasis should be on the vast
majority (80%) of jobs created by small businesses, as opposed to Boeing and
Microsoft. On another topic, he noted
that elected officials demand respect but they do not always respect
citizens. He said elected officials must
be honest and forthright. He concluded that
elected officials cannot permit staff input to override the concerns of
citizens.
(h)
Elaine Phelps,
Shoreline, concurred with Ms. Tallmans’ comments and
announced a candlelight memorial at Greenlake commemorating
the 32nd anniversary of Roe v.
Wade. She noted that the police
presence, not the speaker, was the intimidating factor at last week’s meeting,
and that there is no rule of behavior prohibiting applause. She said applause is an American
tradition. She urged Council members to
address their own frailties and help each other have a positive public
presence.
(i)
Virginia Paulsen,
Shoreline, urged the Council to limit its spending plans, exist within its General
Revenue budget, and not depend upon grants, bonds, or property tax increases
for future needs. She asked for a
conservative spending plan based on existing revenue sources that prioritizes
maintenance and public safety. She noted
that 57% of the budget is based on the expectation of grant funding, but that
grants are highly risky due to deficit spending by county, state, and federal governments. She described the various debt capacity
options available to the City, but urged the City to exercise restraint and
live within the budget in order to remain financially solvent.
(j)
Vicki Westburg, Shoreline, expressed sympathy with Ms. Crawford’s
frustration over the many years she has been presenting Council with facts supporting
her case. She wished the Council would
be more supportive of these views. She
noted that the water level of Peverly Pond has
decreased due to the Aegis development.
(k)
Michael Preston, Mill
Creek, representing Goldie’s Casino, described his experience on the Seattle
School Board to illustrate the fact that elected officials must monitor staff
to ensure they are doing good work. He
said the staff work done thus far on the gambling tax issue is based on myth
and not on reality. He said Goldie’s
Casino spends $27,000 a year for independent audits conducted by certified
public accountants. Over the last five
years Goldie’s has paid the City an average of $700,000 in annual taxes, not
including B&O and sales taxes. He
said over the years that Goldie’s has operated it has only shown a profit for
two years. He urged the Council to
consider decreasing the 11% gambling tax and not to kill “the goose that lays
the golden egg.”
(l)
Donn Charnley, Shoreline, asked the
Council to consider the written comments he submitted.
(m)
Jerrilyn Hamley, Shoreline, provided her
background as a member of the Turtle Mountain Indian Tribe, explaining that her
family moved to
(n)
RECESS
At
(o)
(p)
Brian Derdowski,
Bellevue, representing Public Interest Associates (PIA), Sno-King
Environmental Council (SKEC) , and Thornton Creek Legal Defense Fund (TCLDF),
asserted that tonight’s workshop on the Comprehensive Plan is not a lawful
public hearing because nothing in the record indicates the last public hearing
was formally adjourned. He said
continuation of a public hearing requires proper meeting notification, and that
the Mayor has no authority to require that written public comments be submitted
by Friday. He said members of the public
can legally provide oral and written comments right up to the time Council
takes final action. He said the Council
gave the impression that people could not provide further testimony.
Councilmember
Fimia asked for clarification as to whether the testimony given tonight would
be part of the Comprehensive Plan public hearing. She also felt that issues such as Aegis
mitigation, Peverly Pond and flooding should be
addressed in some way other that having citizens make statements at a Council
meetings and then having the City refute them later. She asked that the process for handling these
issues be discussed at a Council retreat.
Councilmember
Ransom asked the City Attorney to respond to comments made by
Mr. Olander affirmed that all
comments made tonight would be part of the record on the Comprehensive Plan
Update.
Noting that Council decided
that deliberations would be postponed until January 31, Councilmember Ransom asked
if written public comments would be received after Friday, January 28.
Mayor Hansen clarified that
people can submit comments right up until the time the Comprehensive Plan is
passed, but it would be advisable to have comments in by Friday so staff can
fully respond to them. He said it should
be made clear that additional public comment time will be available on January
31, but the Council would like as much as possible submitted by February 7.
Councilmember Fimia called
attention to the apparent confusion regarding whether tonight was a continuation of the hearing, quoting a letter from the
City Manager’s office. She said that
public testimony should also be taken at the special meeting on January 31, and
it should be made clear that the public can continue making comments until Council
makes a final decision, although it would be helpful if comments are submitted
by February 7.
Deputy Mayor Jepsen noted
that Council owes it to those who signed in to speak tonight to allow them to
comment. He said individuals from last
week will be called first and then additional comments taken.
6. WORKSHOP ITEMS
(a) Continued
public comment from the January 10 meeting on the 2004 Update of the
Comprehensive Plan and the
Master Plans for Transportation, Surface
Water, and Parks, Recreation and Open Space
Mayor Hansen called for
public comment.
(a) Peter
Henry, Shoreline, urged the Council to review the comments submitted by representatives
of SKEC, TCLDF and PIA because the proposed plan is flawed. He said there are specific suggestions for
121 goals and policies, 46 general comments and critiques, 6 legal problems, 13
technical errors in the matrix, 14 or more incidents of “watered-down
language,” and 55 examples where development performance standards have been
deleted. He urged Council members to invest
the time to review the entire plan.
(b) LaNita
Wacker, Shoreline, felt the plan could be refined to include regulations on air
quality and pervious surfaces. She said
trees help make the air fresher, and she “doesn’t want the City covered over
with asphalt.” She said there are
several pervious materials that can be used for sidewalks and driveways, and
these alternatives should be identified in the code. She also suggested the new zoning designation
“urban forest,” emphasizing that forests are very special ecological
systems. On the subject of affordable
housing, she recommended the City adopt design standards to allow semi-detached
dwellings, similar to those found in
(c) Paul Tychsen, Shoreline, noted that a City is “first and
foremost, a collection of people,” that “nothing requires endless growth,” and
that “the City should serve the needs of the people who live there.” He suggested that Land Use Policy LU24, Low
Density Residential land use designation, should define the circumstances under
which cottage housing will be allowed.
He felt the word “should’ in LU25 regarding infill standards for single
family development was too vague. He
recommended that Council correct the vague and indefinite sections of the draft
plan and also consider any unintended consequences.
(d) Ken Cottingham, Shoreline, noted that although the
Transportation Master Plan documents the past and present, it does not document
the future. He pointed out that both
north-south and east-west traffic is increasing, but the population of Shoreline
is not increasing significantly. He said
the City did not modify the transportation plan in response to his previously-submitted
comments. He felt the potential
annexation of Point Wells should also be considered in the plan.
(e) Clark Elster, Shoreline, said the draft plan should be called the
“Shoreline Incomprehensible Plan” because it lacks clarity, cohesiveness and
direction. He said the plan is inconsistent
with federal standards, county legal requirements, and assumes several major
tax increases. He said the plan
increases traffic congestion by lowering road standards and allows development
in flood plains and critical areas in violation of FEMA standards and the GMA. It removes policies to provide walkways for
children, reduces design standards for housing and commercial development, and removes
policies protecting neighborhoods from truck traffic. He said it removes policies authorizing road
impact fees, policies regarding cell towers and utility lines, and reduces
public participation. He said the plan
allows major new developments without comprehensive plan amendments, and was
written without meaningful, up-front citizen participation and review. He suggested that the plan be remanded back
to the open citizen process that created the first Comprehensive Plan.
(f) Guy
Olivera, Shoreline, expressed concern that the draft plan weakens development
standards to the degree that developers will be allowed to remove trees and install
pavement in order to increase profits while decreasing property values. He expressed concern that changes to land use
policies EPF9 and EPF10 seem to be weakening rather than strengthening public
participation on land use issues. He
emphasized the importance of maintaining high property values, since many citizens
must rely on the equity in their homes for retirement. He urged the Council not to cut public
participation out of the process, noting that citizens need to be able to speak
out about anything that affects their neighborhoods. He explained that under contract law, the
Council is obligated to benefit the community through its policies. He urged the Council to ensure that
development is good for everyone and to market Shoreline to those who can
provide the greatest benefits.
(g) George
Mauer, Shoreline, reiterated that the draft plan is incomprehensible,
incomplete, and does not meet state/federal standards or GMA requirements. He said the plan does not conform to basic
planning principles, and contains no effective standards for measuring when
goals are achieved. He said if the
output does not meet the required standards, then the direction given to staff
was ineffective. He felt the City should
petition the appropriate authorities for delay in order to effectively incorporate
citizen input into the plan.
(h) Diana
Stephens, Shoreline Chamber of Commerce, read a letter from Myron Phillips,
Shoreline, opposing changes to policies CD14-CD18 regarding commercial
signage. The testimony emphasized that
the character of the community is business and commercial, and that large signs
or billboard should not be prohibited. Furthermore,
consolidation of multiple signs on a single structure does not work for most
businesses, and current sign standards are arbitrary and discretionary. It would have been better if staff consulted
with businesses that are impacted by the sign ordinance. She said the right to display signage is
protected by the U.S. Constitution, and the City cannot destroy all
economically viable use of property through exercise of police powers via land
use regulations. She said businesses could
be due just compensation if they become unprofitable due to restrictive signage
regulations.
(i) Richard Ellison,
(j) Pat Sumption,
(k) Brian
Derdowski,
(l) Janet
Way, Shoreline, read into the record the titles of the following items she is submitting to the Council: 1) article by Jonathan Weisman “Bush Plans
Sharp Cuts in HUD Community Efforts; 2) Currents August 2003 “Preliminary Parks
Survey Results Show Interest in More Trails and Walking Paths; 3) Way testimony
“For Shoreview Park Ballfield Project Hearing
(7/7/99); 4) “Quality of Life in King County, A Random Survey of King County
Households; 5) Ulrich “Influences of Passive Experiences with Plants on
Individual Well-being and Health; 6) Coachman Declaration re: Shoreview Park
(7/7/99); 7) Thompson to O’Conner letter (2/11/94) re: King County Shoreview
Park, and related Wildlife Concerns; 8) Goldsmith letter to Hearing Examiner
re: Shoreview Park Little League Ballfield Project
(6/30/99); 9) Lennox letter to Mayor Jepsen from Audubon Society re: Shoreview
Park (11/19/98); 10) Article re: “Fading
Song—Human encroachment pushing songbirds out of their territory”; 11) letter
from Law to Brandt re: Shoreline Community College Master Plan and Draft Environmental
Impact Statement; 12) Bird of Shoreview Park Checklist; 13) Seattle Parks and
Recreation “Urban Wildlife and Habitat Management Plan; 14) letter from Stenberg
to Blauman re: Shoreview Park (7/2/99) with
attachments; and 15) Office of the Zoning and Subdivision Examiner of King
County re: Decision on Appeals of Mitigated Determination of Non-Significance
re: Shoreview Park.
(m) Tom Dunnihoo, Shoreline, urged the Council to revise the
Comprehensive Plan, which he felt was confusing and only contributes to citizens’
distrust of government. He noted that he
had to refer to several sections of the plan in order to understand one
concept.
(n) Cindy
Ryu, Shoreline, urged the Council to consider Mr. Derdowski’s
proposal for an alternative process for updating the Comprehensive Plan. She felt such a process would be worthwhile
if it results in cost savings to Shoreline taxpayers and property owners.
(o) LaNita
Wacker, Shoreline, stated for the record that she was present at the public
hearing last week where it was announced that the public hearing would be
continued to tonight’s meeting.
(p) Elaine
Phelps, Shoreline, pointed out that it is
Councilmember Fimia thanked
all those involved in providing input on the Comprehensive Plan. She asked if, in order to meet GMA deadlines,
the existing plan could be resubmitted with only the amendments that are
critical to incorporate.
Mr. Sievers said the plan
would need to include updated information on growth, population and capital
facilities.
Councilmember Fimia asked
for the difference between funding for the Capital Improvement Plan and what is
proposed in the master plans. Mr. Olander
said this data would be provided.
Councilmember Fimia
reiterated that public comments would be accepted until the Council takes final
action, but it would be helpful to receive them as soon as possible. She suggested modifying the process and possibly
including the Planning Commission back into the process as well as a small
citizens group.
(b) Review of
the Gambling Tax Rate
There was Council consensus
to defer this item until February 7 when the full Council will be present.
(c) Council
Goal #7 – Code Enforcement Policies
MEETING EXTENSION
At
Mayor Hansen called for
public comment.
(a) LaNita
Wacker, Shoreline, encouraged the Council to consider health and safety issues
as the highest priorities when developing code enforcement policies. She urged the City to regulate temporary,
“A-board” signs, which can pose traffic hazards because they obstruct drivers’
views. She also favored codes requiring that
vehicles be parked in garages, driveways or behind fencing.
(b) Brian
Derdowski,
(c) Rick
Stephens, Shoreline business owner, described the financial burden and other
problems associated with graffiti vandalism at his business. He felt business owners, the police, and the
City should work together to formulate a code addressing graffiti. On another topic, he suggested the City form
a business community sign review board to address various signage issues,
including nonconforming signs and safety.
(d) Virginia
Paulsen, Shoreline, emphasized the need to have large, clear signs to direct
drivers to business entrances. She said
although not all commercial signs are attractive, it is important that signs
are clearly visible.
(e) Janet
Way, Shoreline, provided examples of various environmental code violations and
emphasized the need to implement enhanced environmental code enforcement. She advised the City to consult with the
Washington Native Plant Society regarding on how to manage invasive weeds. She said weed control should not be
arbitrary, but should be conducted on a case-by-case basis.
(f) Tom Dunnihoo, Shoreline, commented on the difficulty of developing
an effective sign ordinance that benefits all stakeholders. As a former business owner, he suggested that
aerial signage is more effective and safer than ground signs, which tend to
obstruct views of traffic. He advised
the City to carefully consider the sign code, advising there would be problems
no matter what kind of code is adopted.
(g) Cindy
Ryu, Shoreline, urged the Council to consider the unintended consequences of any
new legislation related to code enforcement.
She related a story in which a person ignored a serious home repair issue
due to a lack of finances. She explained
that the repair was not covered by insurance because it was considered a
regular maintenance item. She commented
on the difficulty of balancing the needs of individuals, tenants, landlords,
and the overall community.
Mayor Hansen pointed out
that the King County Housing Repair Program offers grants and loans to
income-eligible residents for home repair.
Councilmember Fimia
expressed general support for the staff recommendations but said she would like
more information on the exemption for owner-occupied homes, mainly because
children might be living in dangerous situations. She recommended talking to citizen groups
about weed control and dealing with the sign code in a more holistic manner
through an ad hoc group of business owners and residents. She also wished to ensure that people are
aware of the appeal process. She
inquired about the City’s resources for enforcing environmental codes.
Mr. Stewart noted that
people can report potential code violations to the City’s Customer Response
Team (CRT), which responds to complaints immediately. CRT has the authority to take whatever action
may be necessary to abate the problem.
He said the more difficult cases have involved enforcing the critical
areas ordinance, but most go through a successful process and are
resolved.
Responding to Mayor Hansen,
Mr. Stewart explained that the City maintains a revolving fund as part of the
annual budget to abate code violations.
He pointed out that staff spends 80% of its time on 5% of the
cases. He commented on the particular
difficulty of abating buildings that are in violation. He noted that staff would explore the
exemption for owner-occupied homes in greater detail.
Councilmember Grace pointed
out that this agenda item came up as a result of code enforcement issues
addressed last year in the citizen survey. He said his priorities include categories 1,
3, 4, 5, 6, and 7. He felt that sign
issues are a low priority. He also
suggested contacting neighborhood groups for issues relevant to their
neighborhood rather than holding generic workshops.
Councilmember Ransom said he
felt most of these items could remain status quo. He said he hears about #4. He cautioned about issue #5, noting some
people restore antique cars.
MEETING EXTENSION
At
Councilmember Ransom
addressed item #7, noting that City code allows eight unrelated individuals to
occupy one residence. He cautioned about
limiting the number of vehicles to six, because some homes have more than six
adult residents who each own vehicles.
He pointed out that the regulation does not distinguish between parking
vehicles in the front and in the back.
7. ADJOURNMENT
At 10:45 p.m., Mayor Hansen
declared the meeting adjourned.
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