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; John Hawley, Finance Director; Sarah Phillips, Government and Community Relations Manager; Ty Peterson, Planning Manager; Frank Zenk, Director of Public Services; Susan Stine, City Clerk

Others present: 17 visitors

Mayor Hutchinson called the regular meeting to order at 7:34 p.m.

Cmbr. Sterner led the council in the flag salute.

Hutchinson opened the public hearing on Ordinance 874/Amending LFPMC Chapter 16.18 Authorizing Variances to the City’s Sensitive Areas Development Regulations and Establishing Criteria for Such Variances at 7:35 p.m.

Aviva Leonard, 17124 Hillside Dr. NE, spoke in favor of the proposed ordinance, which would allow variances to the regulations governing steep slope buffers.

Chris Phillips, 180xx 53^rd NE, said he supports the proposed changes to the municipal code and is anxious to build on his property.

Doug Mitchell, 16910 26^th Avenue NE, noted that letters regarding the proposed ordinance had been provided for inclusion in the council packet from the Lake Forest Park Stewardship Foundation dated May 7, 2002, and from Bricklin & Gendler dated May 2, 2002. Mitchell questioned whether four different ways to get relief from the steep slope buffer regulations were needed. He questioned the need for the proposed changes and whether the proposed ordinance is responsive to or exceeds issues noted in the hearing examiner’s annual report. He noted that the wording of the proposed ordinance could be used against the city in a damaging way and expressed concern regarding the shortplatting process in sensitive areas.

Mamie Bolender, 16730 32^nd Place NE, spoke against the proposed changes to the steep slope buffer regulations. Bolender expressed her concern regarding whose opinions regarding soil conditions would be accepted.

John Sincavage, 17506 32^nd Avenue NE, spoke in favor of the proposed changes to allow variances to the steep slope buffer.

Wendy Frank, 19815 55^th NE, said she has not heard any good reason to reduce the buffer for steep slopes as proposed.

Jean Reid, 16910 26^th Avenue NE, expressed her concern regarding the reduction to steep slope buffer as proposed in the draft ordinance. She noted the time and energy that the Stewardship Foundation had committed to its review of the proposed ordinance.

Yuichi Shoda, 16727 32^nd Avenue NE, expressed his concern regarding the emphasis in the proposed ordinance placed on the opinions of experts hired by the applicant. He spoke in favor of the alternative language proposed by the Stewardship Foundation.

Liane Newman, 16715 32^nd Place NE, noted that she had sent a letter dated May 9, 2002 regarding the proposed ordinance. She expressed her concern regarding the proposed reduction to the steep slope buffers and landslides that have occurred in the Hillside area.

David Stone, 17124 Hillside Drive, said he is a strong supporter of the city’s sensitive areas regulations and noted that he supports the change in the proposed ordinance which would allow a variance to the steep slope buffer.

There being no further comments, the public hearing was closed at 8:20 p.m.

Hutchinson welcomed Jordan Louie, Chris Rice and Bo Rohrback of Boy Scout Troop 850 and Ian Wakefield of Troop 309 to the meeting.

Hutchinson commended Officer Brian Kokesh’s recent work, which led to stopping a crime in progress and apprehending the perpetrator. Hutchinson noted recent and upcoming activities and meetings of interest. He noted Cmbr. Kiest’s appointment as the lead person to study regional human services and their delivery for the Suburban Cities Association.

Cmbr. Olstad reported on the fundraising efforts of the Baker for a Day event at Great Harvest Bread Company to benefit Friends of Third Place Commons.

Cmbr. Kiest commended Tema Nesoff on receiving the United Way Campaign Coordinator award, and he expressed his appreciation for the submittal of the walking trail brochure for the Association of Washington Cities annual award for consideration.

Mayor Hutchinson noted his memorandum showing the appointment of chairs for the city’s commissions for the term ending May 9, 2003.

Police Chief Dennis Peterson noted that the Shooting Review Board had concluded its review, and his conclusion is that the March 6, 2002 use of firearms was justified.

Cmbr. Armanini moved to adopt the agenda as proposed. Thompson seconded. The motion carried unanimously.

Mayor Hutchinson introduced his nominee Cassie Undlin, to the Human Services Commission, Position 7, term ending 3/3/1/2003. Ms. Undlin expressed her interest in serving her community and provided information regarding her professional background. Cmbrs. Kiest and Thompson thanked Ms. Undlin for her willingness to serve as a commissioner.

Hutchinson noted that final confirmation would be scheduled for the May 23, 2002 regular council meeting.

Thompson moved to approve the consent calendar as follows:

1. April 25, 2002 Council Regular Meeting Minutes
2. May 9, 2002 Finance Committee Report covering warrant nos. 41432 through 41518 in the amount of $191,390.97 drawn from the claims clearing fund and warrant nos. 22526 through 22609 in the amount of $161,559.51 drawn from the payroll clearing fund.

Thompson moved to advance Resolution 699/Authorizing the Mayor to Sign Professional Services Agreement with Olympic Associates for Public Works Facility Project Review Services to second reading. Cmbr. Goss seconded. The motion carried unanimously.

Thompson moved to advance Resolution 700/Authorizing Mayor to Sign Professional Services Agreement Amendment for City Hall Management Services to second reading. Goss seconded. The motion carried unanimously.

Thompson moved to advance Resolution 701/Authorizing Mayor to Sign Interlocal Agreement with Yakima County for the Housing of Inmates and Resolution 702/Authorizing Mayor to Sign Interlocal Agreement between "Contracting Cities" and Yakima County to second reading calendar. Armanini seconded. The motion carried unanimously.

Kiest commented on the recent discussion at the Suburban Cities Policy Board meeting of a proposed regional agreement with Yakima County.

A five-minute recess was taken at 8:35 p.m.

The meeting was resumed at 8:47 p.m.

Planning Manager Ty Peterson distributed a new draft Ordinance 874 with staff proposed changes dated May 9, 2002. He identified and discussed the proposed changes. Peterson compared the proposed variance criteria and the reasonable use exemption process.

City Attorney Mike Ruark discussed the shortplat process and noted that the city cannot approve a short plat for property that cannot be developed.

Discussion followed regarding the requirement for "…a study performed by a qualified professional…," how a list of professionals is established, and how other voices can be heard. Peterson discussed the quality control check on reports from professionals and the on-call peer review of the city’s process.

Armanini noted the need to have a system of checks and balances built into the process. Kiest suggested that ordinances from other cities be reviewed to determine if there are solutions that are not included in the draft ordinance.

In response to a comment from Cmbr. Sterner, Ruark said that an assumption should be made that the city would be able to articulate why a decision had been made. He noted that "arbitrary and capricious" would indicate that a decision had been made without reason.

In response to a question from Sterner, Peterson discussed notification and the opportunity to appeal a decision that is part of the permit process.

Thompson said he believes that the proposed process puts opponents to an application at a disadvantage.

It was the consensus of the council to hold over discussion of Ordinance 874 to the May 23, 2002 regular council meeting to allow time for further review.

A five-minute recess was taken at 9:52 p.m.

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

City Administrator Doug Jacobson briefed council on the agreement for the public works facility project review services with Olympic Associates. He said the intent of this review is to look at the specifications, scope and plans for clarity of the project. He recommended that council authorize this agreement tonight prior to going out to bid.

Kiest moved adoption of Resolution 699 authorizing the mayor to sign the professional services agreement with Olympic Associates for the public works facility project review services. Thompson seconded.

In response to questions from Goss, Jacobson discussed the selection process for this work and cost-related issues. The motion carried unanimously.

City Administrator Doug Jacobson noted that the resolution would be scheduled for second reading on the May 23, 2002 agenda. Council members requested information regarding total construction cost and work to be completed.

In response to questions from council, Jacobson discussed the relationship of the two interlocal agreements and areas of the agreements needing further clarification prior to council action.

Cmbr. Sterner reported on regional human services issues and the work of the Northshore/Shoreline Community Network.

Jacobson discussed the signage issue for churches and requested clarification of the intent of the council pertaining to this issue. Council directed the administration to draft an ordinance amending Chapter 18.52 to address signage at churches for council consideration at an upcoming meeting.

Jacobson noted the information provided by Parks Administrator Tema Nesoff and discussed the timeline for Phase II of the Animal Acres Park project.

Council members reviewed and agreed with the information provided by Planning Manager Ty Peterson regarding siting criteria for secure transition facilities.

Jacobson noted that Director of Public Services Frank Zenk would attend the May 16, 2002 council study session meeting to respond to any questions regarding the Beach Drive pump station improvements.

At 11:06 p.m., Mayor Hutchinson noted that the next item on the agenda is an executive session for approximately 10 minutes for discussion of real estate acquisition. Those not required to remain for the executive session exited the council chambers at this time.

The meeting was recessed to executive session at 11:07 p.m. for discussion of real estate acquisition for approximately 10 minutes.

The meeting was resumed at 11:15 p.m.

There being no objection, the meeting was adjourned at 11:16 p.m.

Susan Stine, City Clerk

APPROVED:

David R. Hutchinson, Mayor

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