Councilmembers present: Alan Kiest, Dwight Thompson, Mayor pro tempore, Carolyn Armanini, Mary Jane Goss, Nate Herzog, Roger Olstad, Ed Sterner

Staff present: David R. Hutchinson, Mayor; Douglas Jacobson, City Administrator; Michael Ruark, City Attorney; Dennis Peterson, Police Chief; Sarah Phillips, Government and Community Relations Coordinator; Ty Peterson, City Planner; Susan Stine, City Clerk

Others present: Nine visitors

The regular meeting was preceded by an open house at 6:30 p.m. regarding the city hall project design development. Bruce Ellison, architect with Arai/Jackson, was present to discuss the design and project timeline.

Mayor David Hutchinson called the regular meeting to order at 7:30 p.m.

Toni Potter, 19548 47^th Ave. NE, expressed her interest in energy efficiency for the new city hall. She noted that the architect said the building is being designed with zoning controls for heating and cooling. She said the building should be designed with good air movement for cooling rather than air conditioning.

Mayor Hutchinson welcomed Colin of Boy Scout Troop 348 to the meeting.

Hutchinson reported on the commission chairs’ meeting, the planning commission’s plans for community outreach regarding the comprehensive plan update, the manual for commissions being prepared by Government and Community Relations Coordinator Sarah Phillips, and a recent transportation meeting with nearby cities.

In response to a question from Cmbr. Thompson, Hutchinson said attention will be given to the issue of attendance of volunteer board and commission members.

Cmbr. Armanini requested that the city’s utility tax on natural gas be added under new topics for discussion. Hutchinson requested an executive session of approximately 20 minutes to discuss potential litigation. He noted that the transportation committee work plan report has been removed from the agenda.

Thompson moved adoption of the agenda as amended.

Mamie Bolender, 16730 32^nd Pl. NE, said that she had attended a workshop regarding the Endangered Species Act and the 4(d) rule. She said the city would be exempt from lawsuits if it adopts the 4(d) rule, and she believes this is the safest path for the city and provides the greatest protection for the environment.

Julie Green, 5118 NE 201^st Pl., a member of the library commission, reported on the community support for the library’s evening programs and the recent distribution process of new library cards. Hutchinson noted that he has added funds for library programs to the proposed 2001 budget.

Armanini noted that Lora Bennett, head librarian at the Lake Forest Park Library, is leaving at the end of October to take a part-time position with the law library in Snohomish County. Armanini expressed her appreciation of Bennett’s work with the Lake Forest Park library.

City Administrator Doug Jacobson reported on his recent meeting with representatives of King County Library System and Trammell Crow to discuss renewal of the library’s lease. He noted that a preliminary agreement was reached very quickly to extend the lease for five years. He noted that the library system will be the lessee rather than the city due to the recent city’s annexation to the library district.

Ros Bird, 16061 37^th Ave. NE, thanked the council for its support for the arts and its vision for the future as evidenced by the recent adoption of Resolution 599 which established a public art program. She noted upcoming events and programs provided with the city’s support for the Arts Council. Bird noted that the Arts Council’s office and gallery is temporarily located at the Shoreline Center.

Mamie Bolender, 16730 32^nd Pl. NE, reported that fish are spawning in McAleer Creek.

Thompson moved approval of the consent calendar as follows:

1. September 21, 2000 council study session minutes
2. September 28, 2000 council regular meeting minutes
3. October 12, 2000 finance committee report
4. Approve use of CDBG shared commitment funds for rehabilitation of housing for developmentally disabled citizens

Jacobson noted that City Planner Peterson had provided a memorandum regarding the State Environmental Policy Act (SEPA) process required for the proposed ordinance. He also noted a message regarding the proposed ordinance from Mr. Tim Hohn.

In response to a request from Thompson, Armanini provided a review of the development of the proposed ordinance. She noted that the ordinance does not prohibit removal of trees on private property and recognizes the importance of views. Armanini said the ordinance discusses the value of the tree canopy for air quality, as sound buffer and wildlife habitat and notes the cumulative effect of private behavior on this asset.

Armanini brought a proposed amendment to the attention of the council and noted that it is not included in the text of the ordinance.

In response to a question from Cmbr. Sterner, Armanini said the proposed ordinance was developed by a subcommittee of the urban forestry committee, which used the city of Redmond’s ordinance as a guide. She noted that the urban forestry committee and the environmental quality commission endorsed the work of the subcommittee. The city attorney prepared the ordinance in legislative format. Ruark said the version before the council shows his work for comparison to the August 12, 1999 committee version.

In response to a question from Thompson, Armanini said that a public hearing has been held regarding the proposed ordinance. Thompson requested for a clean version of the proposed ordinance without strikeouts for the council’s next review. He noted that the council must come to an understanding regarding whether another hearing is needed.

Armanini noted that the SEPA process adds to the timeline prior to adoption, and the planner will need direction to begin that process.

Cmbr. Goss discussed her study of the proposed ordinance and its development. She asked for clarification of the permit process that would be required for tree removal. She stated that the value of some properties is related to view, and the presence of trees does not always enhance property value. Goss also said she would like to see the information used for developing the buildable lands inventory.

Goss expressed concern regarding the additional expense of hiring a certified arborist, especially for residents with fixed incomes. Goss said that some citizens may need to remove trees because of allergies or affective disorders that are improved by natural light. Goss said indigenous species such as conifers should be given more weight if used as replacement trees.

Cmbr. Herzog said he would be interested in scheduling another public hearing to receive comments on the proposed ordinance.

Cmbr. Kiest suggested that "year" should be defined to clarify the meaning, such as calendar or applicant year.

Goss said the purpose of the proposed ordinance is to protect the environment, and she suggested that it might be useful to credit property owners for adding trees.

Armanini said she believes this has been a fruitful discussion and proposed that further discussion be deferred until the council has the opportunity to review the clean copy of the proposed ordinance.

Thompson urged councilmembers to keep in mind that the impact of this ordinance will benefit future generations.

Ordinance 834/Amending Ordinance 824, Regarding Unlawful Avoidance of Traffic Control Device

Kiest discussed the language in recently adopted Ordinance 824 regarding parking of junk vehicles and how the city’s code dealt with junk vehicles in the past. In response to a question from Kiest, City Planner Peterson said that Kiest’s concern would be addressed in future legislation, which is on the work plan for development.

Ordinance 834/Amending Ordinance 824, Regarding Unlawful Avoidance of Traffic Control Device

Herzog moved adoption of Ordinance 834/Amending Ordinance 824, Regarding Unlawful Avoidance of Traffic Control Device.

City Attorney Ruark reported that the superior court judge had reversed the city’s decision on the Hill property, noting that the city did not comply with SEPA regulations regarding process.

Kiest commented on the hearing examiner’s decision to affirm the denial of the adult entertainment license. In response to a question from Kiest, Ruark said he has some recommendations for changes in the city’s code. Thompson spoke in favor of Kiest’s request that an ordinance be prepared.

Goss reported on the October 11, 2000 transportation committee meeting. She noted that Director of Public Services Zenk had expressed concern that the city does not take an active role in regional planning. She noted the impact of the proposed Lakepointe project in Kenmore and commented on proposed zoning changes for the Seattle portion of the Lake City Way corridor.

Sterner discussed his involvement with the juvenile justice oversight committee and a prototype program for first-time offenders, which has had excellent results.

Police Chief Peterson said he has met with the city’s human services commission, which supports the program. He noted that support for this program has been included in the department’s proposed budget. Kiest said the city should consider its spending carefully and noted that the county will realize the savings.

Peterson said the program is an avenue for officers to get involved with families and to see an immediate positive outcome. He said that everybody wins if juvenile first-time offenders do not re-offend. Armanini said she appreciated Kiest’s remarks but concurred with Peterson and noted that it is not always possible to place a dollar value on the benefits received.

Kiest said he is very sympathetic to the purpose of the program. He discussed his role on the Suburban Cities regional policy committee and the balancing act required regarding unfunded mandates.

Jacobson noted three issues regarding the city hall project—the recent value engineering review, the recommendation for demolition of the existing structure, and the proposed expansion to the first floor storage area.

Kiest moved to authorize that project plans and specifications for the city hall be prepared based on the assumption that the existing Select Grill structure will be demolished as noted in documents from Olympic Associates and Arai/Jackson.

Kiest noted that he believes that demolition of the existing structure will be cost-effective and will allow for the construction of a superior facility.

Kiest moved to authorize that project plans and specifications for the city hall be prepared based on the construction of additional space on the first floor and that the maximum allowable construction cost be increased by $60,000.

Discussion followed regarding the cost and location of the additional space.

In response to a question from Kiest, Hutchinson noted that a letter had been sent to residents of Beach Drive in response to their correspondence, and a copy will be provided for council.

Armanini noted that several councilmembers have expressed interest in exploring options for tax relief, and she noted that the finance department has been asked to determine the cost of reducing or eliminating the tax on natural gas. She noted the escalating cost of natural gas to consumers.

In response to a question from Thompson regarding the percentage of the tax reflected on a utility bill, Community and Government Relations Coordinator Sarah Phillips noted that the state allows utilities to capture the total cost of collection of the utility tax.

Hutchinson noted that the next item on the agenda is an executive session of approximately 20 minutes to discuss potential litigation.

A five-minute recess was called for at 9:35 p.m. Those not required to remain for the executive session exited the council chambers at this time.

The meeting was resumed at 9:45 p.m.

The meeting was recessed to executive session at 9:46 p.m. for approximately 20 minutes to discuss potential litigation.

The meeting was resumed at 9:57 p.m.

There being no objection, the meeting was adjourned at 9:58 p.m.

Susan Stine

City Clerk

APPROVED:

David R. Hutchinson, Mayor

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