CITY
OF
SHORELINE
CITY COUNCIL
Mt. Rainier Room
PRESENT: Mayor Ransom, Deputy Mayor Fimia, and Councilmembers
Gustafson, Hansen, McGlashan, Ryu, and Way
ABSENT: none
1.
CALL TO ORDER
The
meeting was called to order at
2. FLAG SALUTE/ROLL CALL
Mayor
Ransom led the flag salute. Upon roll
call by the City Clerk, all Councilmembers were present.
(a) Report
by King County Councilmember Bob
Councilmember
Ferguson introduced himself and provided a brief background of his work and
public experience. He said he looks
forward to working with the City of
Mayor
Ransom asked Councilmember Ferguson to address the recently-passed Veterans and
Human Service Levy.
Councilmember
Ferguson responded that the levy will provide between $13-14 million annually,
and will be divided between veterans’ programs and human service programs. He pointed out that any recommendations for
funding will be considered in the regional policy committee. He emphasized that it is a “work in
progress,” and that his particular focus is on homelessness prevention.
3. CITY MANAGER’S REPORT
Bob Olander, Interim City
Manager, reported on the success of the Mid Winter Break Day Camp, hosted by
the City’s recreation department. He
noted that Home Depot and the Shoreline/Lake Forest Park Arts Council donated
in-kind contributions to the effort. He also provided an update on the City’s
streetlight conversion program,
Mayor
Ransom read a City proclamation recognizing
4. REPORTS OF BOARDS AND COMMISSIONS: none
Councilmember Way reported on her testimony before the
House Energy Committee in Olympia in support of Substitute House Bill 2799,
relating to tax exemptions for solar hot water systems. She said the bill was well-received and she
is optimistic about it chances for passage.
Mayor Ransom read a statement regarding public comment
on the Critical Areas Ordinance. He
noted that no further public comment would be taken tonight because the public
hearing was closed on February 13.
5. PUBLIC COMMENT
(a) Bill
Clements, Shoreline, commented on the efforts of the Bond Campaign
Committee. He explained that the
fund-raising goal for the campaign is $20,000, and the campaign has raised
about one-third of the needed funds. He
noted that 100% of the feedback on the bond has been positive. He explained what parks and open space
facilities the bond would provide and encouraged the community to spread the
word and support the bond.
(b) Lorenzo
Townsend, Shoreline, commented on potential stereotyping by the police
department in an investigation at his residence. On another topic, he urged the Council to
recognize that many people in Shoreline are not doing well financially. He said he started a small business to
supplement his income, and that he works many hours. This, he said, prevents him from attending
Council meetings. Although he
understands that the City needs more revenue, the Council must understand that
some people are struggling.
(c) Tracy
Tallman,
(d) Forrest
Coonrod, Shoreline, urged the City to explore using recycled tires as a
supplemental material in resurfacing roads, especially
(e)
(f) Pat
Murray, Shoreline, commented on the high volume of cur-through traffic in his
neighborhood and the fact that many drivers do not obey stop signs. He suggested that posting “Local Access Only”
signage might provide some relief. He
commended the City for hiring an additional traffic officer and requested a
mobile speed sign near his street.
Mr.
Olander summarized the issues expressed by the public and said staff would
follow up on their concerns.
6. APPROVAL OF THE AGENDA
Councilmember Hansen moved
approval of the agenda. Councilmember
Gustafson seconded the motion, which carried unanimously, and the agenda was
approved.
7. CONSENT CALENDAR
Deputy Mayor Fimia moved approval of the
consent calendar. Councilmember
Gustafson seconded the motion and the following items were approved
unanimously:
Minutes of Dinner
Meeting of
Minutes of Dinner
Meeting of
Approval of expenses
and payroll as of
Motion to authorize the
City Manager to execute a professional services contract with KPFF Consulting
Engineers for design and construction management services related to the
Sidewalks – Priority Routes for 2006 in an amount not to exceed $120,000
Ordinance No. 410
reclassifying a position and to increase the salary for a position within the
City’s Classification and Compensation Plan
8. ACTION ITEM: PUBLIC HEARING
(a) Public hearing to receive citizens’
comments regarding proposed amendments to Community Development Block Grant
(CDBG) projects; and
Motion
to authorize the Interim City Manager to enter into agreements for implementing
the funded projects
Mayor Ransom opened the public hearing.
(a) David
Scheiber, Shoreline, spoke on behalf of Parkview Homes and in favor of the
amendment. He pointed out that Parkview
Homes is in its 39th year and currently provides housing to over 150
adults. He concluded his comments by
assuring that Parkview Homes would continue to be a good neighbor.
Upon motion by Councilmember Hansen, seconded by
Councilmember Gustafson and unanimously carried, the public hearing was closed.
Deputy Mayor Fimia moved to approve the CDBG
project amendments and authorize the
Responding to Councilmember
Hansen, Mr. Beem clarified that the curb ramps installed at
Responding to Councilmember
Ryu, Mr. Scheiber clarified that Parkview Homes owns 49 homes throughout
A vote was taken on the motion, which carried
unanimously, and the
9. ACTION ITEMS: OTHER ORDINANCES,
RESOLUTIONS, AND MOTIONS
(a) Proposed
Critical Areas Ordinance No. 398,
updating Critical Areas Regulations, Phase II
Councilmember Way moved to amend Section
20.80.030(L) - Exemptions, as follows: “When it can be demonstrated that
there will be no undue adverse effect, the following activities may be allowed
within critical areas and their buffers: educational activities, scientific
research, and outdoor recreational activities, including but not limited to
interpretive field trips, bird watching, public beach access including water
recreation related activities, and the use of existing trails for
horseback riding, bicycling and hiking, that will not have an undue
adverse effect on the critical area.” Councilmember Ryu seconded the motion.
A vote was taken on the motion to amend Section
20.80.030(L), which carried 7-0.
A vote was taken on the motion to amend Section
20.80.080(F), which carried 7-0.
Deputy Mayor Fimia moved to insert the following
new section: “20.80.085 – Pesticides, Herbicides and Fertilizers on City
Owned Property: Pesticides, herbicides
and fertilizers which have been identified by state or federal agencies as
harmful to humans, wildlife, fish, shall not be used in a city-owned riparian
corridor, shoreline habitat or buffer, wetland or its buffer, except as allowed
by the Director for the following circumstances: 1. When the Director
determines that an emergency situation exists where there is a serious threat
to public safety, health, or the environment and that an otherwise prohibited
application must be used as a last resort; 2. Compost or fertilizer may be used
for native plant revegetation projects in any location.” Councilmember Hansen seconded the motion.
Councilmember McGlashan asked
for clarification on the City’s use of pesticide/herbicide. He thought the Parks Director indicated the
City no longer uses it. Deputy Mayor
Fimia clarified that the City has reduced its use in City parks, but the City
still uses it.
Following brief discussion
and consensus to explore this topic at a later time, a
vote was taken on the motion to insert new section 20.80.085, which carried
7-0.
Mayor Ransom moved to amend Section 20.80.090 –
Buffer Areas, to insert the following after the first sentence: “In all cases, the standard buffer (i.e.
the maximum buffer required by the City) shall apply unless the Director determines
that no net loss of functions and values will occur.” Councilmember Hansen seconded the motion.
Mayor Hansen noted that this
addition clarifies the meaning of standard buffer and staff does not object to
the change.
Following brief Council
discussion and a buffer scenario offered by Mr. Olander, Mr. Tovar explained
that staff will interpret the Code so that the most restrictive buffer standard
applies.
Responding to Councilmember
Gustafson and Councilmember Hansen, Mr. Tovar expressed his opinion that the
amendment would not create any redundancy or confusion.
A vote was taken on the amendment to Section
20.80.090, which carried 7-0.
Mayor Ransom moved to insert the following new
section: “20.80.110, Critical Areas Reports Required: If uses, activities or
developments are proposed within designated critical areas or their buffers, an
applicant shall pay the City for environmental studies, including site-specific
information that must be obtained by expert investigation and analysis. This provision is not intended to expand or
limit an applicant’s other obligations under WAC 197-11-100. Such site specific studies shall be performed
by qualified professionals, as defined by Section 20.20.242, who are in the employ
of the City or under contract to the City and who shall be directed by and
report to the Director or his designee.”
Councilmember Ryu seconded the motion.
Mayor Ransom explained the
intent of the motion, noting that the City will rely on its own employee or
contractor for environmental studies, not on an applicant’s experts.
Responding to Councilmember
Hansen regarding staff’s opinion, Mr. Tovar said the amendment would send the
clear message that the City requires independent evaluations.
He clarified that WAC
197-11-100 is the Washington Administrative Code that applies to state
environmental policy.
Councilmember Hansen
expressed concern that the amendment may be too directive of the
applicant. He felt this could have the
potential to discourage development.
Councilmember Gustafson
concurred, noting it could require additional work for the City and money and
time from developers. He cautioned
against requiring developers to pay twice for environmental studies.
Referring to Councilmember
Gustafson’s amendment regarding habitat studies, Councilmember Ryu pointed out
that applicants would be required to pay for those studies, so she supports the
current amendment.
Mr. Olander commented that
the intent of the amendment is to make environmental studies more mandatory and
less discretionary.
Councilmember McGlashan
pointed out the problem of some developers receiving permits and later being
told of additional requirements. He
asked if developers would know the requirements in advance of the permit
process. He felt using the word “shall”
was too strong in this case.
Mr. Tovar said most
developers have already done feasibility studies prior to approaching the City
for permits.
Deputy Mayor Fimia suggested substituting the
word “reviews” for “studies.” Following
brief Council and staff discussion, this was accepted as a friendly amendment.
Councilmember Gustafson asked
for staff’s opinion about whether these changes should be included.
Mr. Tovar felt the word
“review” to be clearer, however, it is a policy question for the Council to
decide.
Mr. Sievers pointed out that
developers have asked for this type of amendment to the Code in the past in
order to provide predictability and to avoid additional permit costs.
Councilmember Gustafson asked
if there was any room for negotiation between developers and the City about who
is selected to conduct environmental studies.
Mayor Ransom said the
Planning Department keeps a list of experts, so applicants could request a
particular individual or firm on the list.
Mr. Tovar suggested it would
not be a good idea to give applicants any “veto power” over who is selected to
conduct environmental review. He noted
that the motion allows for discretion by the Director.
A vote was taken on the motion to insert new
Section 20.80.110, which carried 4-3, with Councilmembers Gustafson, Hansen,
and McGlashan dissenting.
Councilmember Gustafson moved to amend Section 20.80.330(F)
by inserting the following: “4. A habitat survey shall be conducted within
the area of concern in order to identify and prioritize highly functional fish
and wildlife habitat within the study area.” Councilmember Hansen seconded the motion.
Councilmember Gustafson
explained that Washington State Department of Fish and Wildlife (WDFW)
suggested this language should be added to the code as a condition of buffer
averaging.
Mr. Tovar affirmed for
Councilmember Hansen that staff concurs with this amendment.
MEETING EXTENSION
At
Regarding buffer averaging,
Mr. Olander commented that court decisions have held that some buffers have
higher functions and values than other buffers.
Responding to Councilmember
Ryu, Mr. Tovar noted that applicants would be responsible for paying either the
City or its contractor for habitat surveys.
A vote was taken on the motion to amend Section
20.80.330(F), which carried 7-0.
Deputy Mayor Fimia moved to strike “open” from
Section 20.80.460(A) and to strike Section 20.80.380(H), as follows: 20.80.460 Designation and purpose. A. Streams
are those areas where open
surface waters produce a defined channel or bed…” 20.80.380(H) Mobile
homes and mobile home parks shall not be permitted in flood hazard areas.” Councilmember Hansen seconded the motion,
which carried 7-0.
B. “Type II streams” are those
streams that are not Type I streams and are either perennial or intermittent
and have one of the following characteristics:
1.
Salmonid fish use;
2.
Demonstrated salmonid habitat value as determined by a
qualified professional
C. “Type III Streams” are those streams which
are not Type 1 or Type II with perennial (year round) or intermittent flow with
channel width of two feet or more taken at the ordinary high water mark and are
not used by salmondid fish.
B. “Type IV streams”, which are not Type 1,
Type II, or Type III are those streams with perennial or intermittent flow
with channel width less than two feet taken at the ordinary high water mark
that are not used by salmonid fish.
Deputy Mayor Fimia seconded the motion.
Responding to Council, Mr.
Tovar expressed the opinion that the suggested changes clarify the code and
present no particular problems.
Councilmember Gustafson
expressed concern that the staff report explains that qualified professionals
often don’t agree on what constitutes potential salmonid use or habitat
value. He felt the language the Planning
Commission recommended was more clear and simplified.
Mr. Olander commented that
there can be varying types of streams along the same stream corridor; likewise,
there can be demonstrated habitat value in some sections and not in others.
Mayor Ransom pointed out that
the definition of salmonid includes species such as steelhead and cutthroat
trout, not just salmon. He felt the
amendment provides added protection and serves to broaden the definition of
streams.
Councilmember Ryu expressed
support for the amendment and urged the Council to consider what kind of legacy
should be left to future generations.
A vote was taken on the motion to amend Sections
20.80.470(B)(C)(D), which carried 5-2, with Councilmembers Gustafson and Hansen
dissenting.
MEETING EXTENSION
At
Councilmember Gustafson moved to amend Section
20.80.470(F)(2) as follows: “Streams that are fish passable or have the
potential to be fish passable by salmonid populations from Lake Washington
or Puget Sound, as determined by a qualified professional based on review of
stream flow, gradient and barriers and criteria for fish passability
established by the Washington Department of Fish and Wildlife.” Councilmember Ryu seconded the motion.
Deputy Mayor Fimia suggested
that perhaps the Planning Commission added 20.80.470(F) because they deleted
items in Section 20.80.470(B). She
wondered if Section F, relating to definitions for salmonid fish use, now
conflicts with Section B.
After further discussion,
Councilmember Hansen raised a point of order and urged the Council to focus
debate to the amendment.
Mr. Olander explained that
Section 20.80.470(F) further expands upon the definition of “salmonid fish
use.”
Councilmember Gustafson
suggested leaving the language as-is, since his amendment is recommended by the
WDFW.
MEETING EXTENSION
At
A vote was taken on the motion to strike “or have the potential to be fish
passable” and insert “with demonstrated habitat value,” which failed 2-5, with
Deputy Mayor Fimia and
The Council continued
deliberations on the proposed amendment to Section 20.80.470(F). Staff noted that this section considers all
salmonids, including cutthroat trout.
Councilmember Gustafson noted
that the amendment makes the Code compatible with Water Resource Inventory Area
8 (WRIA-8) policies.
After moving and withdrawing
a motion to strike a portion of this section, Deputy Mayor
Fimia suggested a friendly amendment to insert “including those” after
“populations.” There was Council
consensus to accept this and a vote was taken on the motion to amend Section
20.80.470(F), which carried 7-0.
Councilmember
Gustafson moved to amend Section 20.80.480(F) to insert “4. A habitat survey
shall be conducted within the area of concern in order to identify and
prioritize highly functional fish and wildlife habitat within the study area.” Councilmember Hansen seconded the motion,
which carried 7-0.
MEETING EXTENSION
At
Councilmember
Hansen left the meeting at
1. The city encourages allows
the voluntary opening of previously channelized/culverted streams and
the rehabilitation and restoration of streams, both on public property or
when a property owner is a proponent in conjunction with a new development.”*
2. When piped watercourse sections are
restored, a protective buffer shall be required of the stream section. The buffer distance shall be based on an
approved restoration plan, regardless of stream classification, and shall be a
minimum of 10 to 25 feet at the discretion of the director to
allow for restoration and maintenance.
The stream and buffer area shall include habitat improvements and
measures to prevent erosion, landslide and water quality impacts. Opened channels shall be designed to support
fish access, unless determined to be unfeasible by the City.”
Deputy Mayor Fimia seconded the motion.
Councilmember McGlashan asked
staff to clarify how buffers could be used, and what incentives are provided
for daylighting streams.
Mr. Tovar listed several
potential uses in buffer areas but said that permanent structures are not
allowed.
Councilmember Gustafson
wondered how the requirement of a larger buffer would encourage people to
daylight piped streams. He felt the
buffer width should be closer to 10 feet, but said he could support the motion
as long as the Planning Director has discretion on buffer widths.
Mayor Ransom asked why the
buffer requirement for previously channelized watercourses should not be as
stringent as those for regular streams.
He noted that open streams have larger buffer widths. He also wondered if the smaller buffer widths
would be defensible on appeal.
Mr. Tovar said this is a
public policy issue of trying not to create an economic disincentive to
daylighting piped watercourses. He said
although the City may be required to closely monitor daylighted streams with 10
to 15 foot buffers, the buffers can function successfully under the right
circumstances. He considered the City’s
risk of losing on a legal challenge to be relatively low.
Mr. Sievers concurred, noting
that this measure amounts to establishing buffer widths in a special
situation. He clarified that this is a
legislative determination of what is a reasonable minimum buffer for previously
channelized watercourses.
MEETING EXTENSION
At
A vote was taken on the motion to amend Section
20.80.480(H), which carried 6-0.
A vote was taken on the main motion to adopt
Ordinance No. 398, amending
Critical Areas Regulations and Shoreline Municipal Code Chapters 20.20, 20.50,
and 20.80 as amended, which carried 6-0.
Deputy Mayor Fimia thanked
all those who participated in refining the Critical Areas Ordinance, including
City Council, the Planning Commission, staff, and members of the public.
10. ADJOURNMENT
At
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