Councilmembers present: Alan Kiest, Carolyn Armanini, Dwight Thompson, 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; Ty Peterson, City Planner; Sarah Phillips, Government & Community Relations Coordinator; Susan Stine, City Clerk

Others present: Five visitors

Mayor Hutchinson opened the public hearing on Ordinance 847/Granting Telecommunications Franchise to McLeodUSA at 7:35 p.m.

Government and Community Relations Coordinator Sarah Phillips discussed the franchise application from McLeodUSA. She noted the presence of the city’s telecommunications consultant Lon Hurd at the meeting.

In response to questions from councilmembers, telecommunications consultant Lon Hurd discussed state law and the use of the city’s right-of-way.

There being no further comments, the public hearing on Ordinance 847/Granting Telecommunications Franchise to McLeodUSA was closed at 7:45 p.m.

Cmbr. Thompson moved adoption of Council Rules as amended January 11, 2001. Cmbr. Goss seconded. The motion carried unanimously.

Cmbr. Herzog nominated Dwight Thompson for the office of Mayor pro tempore. Cmbr. Sterner seconded.

There being no further nominations, Thompson was elected Mayor pro tempore by unanimous vote.

Thompson moved to appoint Cmbrs. Carolyn Armanini and Nate Herzog to the Council Rules Committee. Sterner seconded. The motion carried unanimously.

Mayor Hutchinson called the regular meeting to order at 7:52 p.m.

Hutchinson reported on his activities and various issues of interest.

Cmbr. Olstad moved to adopt the agenda. Cmbr. Thompson seconded. The motion carried unanimously.

Armanini moved to confirm Joseph Hauth, Planning Commission, Position 9, term ending 3/31/2003; Henry Mustin, Human Services Commission, Position 9, term ending 3/31/2003; and

Dagnija Johnson, Environmental Quality Commission, Position 4, term ending 3/31/2002.

Thompson moved to approve the consent calendar as follows:

1. January 11, 2001 Council Regular Meeting Minutes
2. January 18, 2001 Council Study Session Minutes
3. January 25, 2001 Finance Committee Report covering Warrant Nos. 38729 through 38810 in the amount of $60,015.12 drawn from the Claims Fund and Warrant Nos. 20223 through 20297 in the amount of $106,345.37 drawn from the Payroll Fund.
4. Authorize Mayor to Sign/Contract with Stream Biologist for Assessment at Lyon Creek Waterfront Property

Ordinance 847/Granting Telecommunications Franchise to McLeodUSA will be placed on the February 8, 2001 council agenda for second reading.

Following discussion, Thompson moved to hold over Ordinance 848/Amending LFPMC Chapter 2.22 Volunteer Commission System and Resolution 613/Adopting Commissioner’s Manual on first reading for the February 8, 2001 Council agenda. Kiest seconded.

Councilmembers discussed various proposed amendments and issues raised at the January 18, 2001 study session.

Armanini moved to amend Ordinance 800/Relating to Tree Protection and Replacement (January 16, 2001 revised version) as follows:

Page 4, Line 27 (insert): "R.   Street Tree: Any tree on public rights-of-way."

Page 4, Line 29:   "R S.   Tree:..."

Page 4, Line 33:   "S T.   Tree Base Fee:..."

Page 4, Line 36:   "T U.   Understory Vegetation:..."

Page 4, Line 39:   "U V.   Year:..."

Armanini moved to amend Ordinance 800 as follows:

Page 11, Line 34:   "2. Street tTrees shall be..."

Armanini moved to amend Ordinance 800 as follows:

Page 4, Line 17: "...through any of these processes of grater greater than...."

Armanini moved to amend Ordinance 800 to capitalize all references to Significant Tree or Trees, Protected Tree or Trees, and Stand or Stands of Trees wherever they appear in the ordinance.

Armanini moved to amend Ordinance 800 as follows:

Page 10, Line 8:   "...of the subject property. ; or"

Page 10, Line 13 and 14:   "3. Proposed tree removal, replacement, and any mitigative measures proposed are consistent with the purpose and intent of the regulations; and"

Page 10, Line 11:   "...of property.; and"

Page 10, Line 17:   "...in the vicinity; and."

Page 10, Line 21:   "...Standards, shall be conditioned...."

Discussion followed regarding the clarity of the language regarding variances.

Armanini moved to amend Ordinance 800 as follows:

Page 10, Line 2:   "...The Hearing Examiner shall not only grant a variance unless if...."

Page 10, Line 8:   "...of the subject property. ; or"

Page 10, Line 11:   "...of property. ; and"

Page 10, Line 13 and 14:   "3. Proposed tree removal, replacement, and any mitigative measures proposed are consistent with the purpose and intent of the regulations; and"

Page 10, Line 17:   "...in the vicinity; and."

Page 10, Line 20:   "...section; provided that a and

1. A variance to the required Minimum Protection Standards, shall be conditioned upon required Tree replacement at a minimum of three (3) Trees for each Significant Tree removed."

Armanini thanked Cmbr. Sterner for his proposed amendment language.

Armanini moved to amend Ordinance 800 as follows:

Page 11, Line 4:   "...are accompanied by "Tree Save Protection Area...."

Armanini moved to amend Ordinance 800 as follows:

Page 11, Line 27:   "...throughout the life of the project duration of the construction project or activity and for a reasonable period thereafter as may be provided for in the Tree Protection and Replacement Plan, unless otherwise approved...."

Discussion followed regarding the development of the proposed ordinance, the testimony offered at public hearings, and the intent of the language in the ordinance regarding stands of trees.

Goss spoke regarding her research into the area’s history, her interest in an inventory system to prove the need for this ordinance, and a process to credit property owners for trees planted that could be recognized as replacement for future tree removals.

Kiest noted the work of Cmbrs. Armanini and Olstad to establish the heritage tree program, citizen concern voiced over past tree removal projects, public testimony and petitions in support of tree protection, and the environmental and economic value of trees.

Mayor Hutchinson recognized Garth Brewe of Boy Scout Troop 9 on Capitol Hill in Seattle who said he was working on his communication merit badge. He introduced his mother who said she grew up in Lake Forest Park.

A 10-minute recess was called for at 9:15 p.m.

The meeting was resumed at 9:30 p.m.

Armanini moved to amend Ordinance 800 as follows:

Page 4, Lines 24 and 25:   "Q.   Stand of Trees: A group of three (3) or more trees of any size or species, whose Driplines touch.

Page 4, Line 27:   "RQ.

Page 4, Line 29:   "SR.

Page 4, Line 33:   "TS.

Page 4, Line 36:   "UT.

Page 4, Line 39:   "VU.

Page 4, Line 43:   "...no person shall remove any Stand of Trees or Significant Tree...."

Page 6, Line 6:   "...required to remove any Stand of Trees, any Significant Tree...."

Page 6, Line 13:   "...required to remove any Stand of Trees, any Significant Tree...,"

and to strike all other references in the ordinance to "Stand of Trees."

Olstad seconded. The seconder requested that the motion include that all other references in the ordinance to "Stand or Stands of Trees" be stricken, and the maker accepted this as a friendly amendment.

Goss spoke against enacting this ordinance prior to developing a baseline tree inventory.

Armanini moved to advance Ordinance 800/Relating to Tree Protection and Replacement to the final action calendar. Olstad seconded. The motion carried 6-1 (Aye - Olstad, Herzog, Armanini, Kiest, Thompson, Sterner; Nay - Goss).

Armanini moved to advance Ordinance 838/Assuring Conformance with Ordinance 800 for Tree Removal Permits to final action.

Olstad seconded. The motion carried 6-1 (Aye - Olstad, Herzog, Armanini, Kiest, Thompson, Sterner; Nay - Goss).

Armanini requested that an amendment to the 2001 fee schedule be prepared to comply with Ordinance 800. Jacobson said it would be included on the February 8, 2001 agenda.

Thompson moved that the city clerk be authorized to make any clerical or editing changes that may be required to perfect Ordinance 800.

Action on Resolution 612 was delayed to the last item on the second reading calendar to allow for Exhibit A to be copied for council.

City Planner Ty Peterson reviewed the recommendation of the Planning Commission to grant conditional approval of the city hall site plan and design and the process for council action.

Jacobson distributed Exhibit A to Resolution 612 and discussed the proposed process for disposal of surplus property.

Thompson moved to amend Exhibit A to limit the value of surplus property for disposal without council approval to $3,000.

Thompson moved to accept the Planning Commission recommendation and to grant conditional approval of the city hall site plan and design.

Olstad moved adoption of Ordinance 800/Relating to Tree Protection and Replacement. Armanini seconded.

Councilmembers discussed developing a method of tree banking and noted the work of Cmbrs. Olstad and Armanini, the Urban Forestry Committee and Darby Langdon for their efforts in preparation of the proposed ordinance.

Herzog said he appreciated the efforts of Cmbrs. Olstad and Armanini but will vote against the ordinance because he does not see a need at this time.

Goss said she is opposed to the ordinance because she sees no evidence that it is needed.

The motion carried 5-2 (Aye - Olstad, Armanini, Kiest, Thompson, Sterner; Nay - Herzog, Goss).

Olstad asked the administration to prepare a consumer edition of the ordinance to make it easy for citizens to understand.

Kiest moved adoption of Ordinance 838/Assuring Conformance with Ordinance 800 for Tree Removal Permits. Thompson seconded. The motion carried unanimously.

Thompson moved approval of Resolution 612/Establishing Policy for Disposal of Surplus Property Other than Real Estate.

In response to a question from Jacobson, councilmembers indicated their interest in attending a Suburban Cities meeting regarding Sound Transit.

In response to a question from Thompson, councilmembers indicated that a half-day, non-facilitated, task-oriented retreat would be acceptable. No date was selected at this time.

There being no objection, the meeting was adjourned at 10:30 p.m.

Susan Stine, City Clerk

APPROVED:

David R. Hutchinson, Mayor