City of Lake Forest Park

Councilmembers present: Carolyn Armanini, Dwight Thompson, Mary Jane Goss (7:38 p.m.), Nate Herzog, Roger Olstad, Ed Sterner

Councilmember excused: Alan Kiest

Staff present: David R. Hutchinson, Mayor; Douglas Jacobson, City Administrator; Michael Ruark, City Attorney; Ty Peterson, Planning Manager; Sarah Phillips, Community and Government Affairs Manager; Susan Stine, City Clerk

Others present: Seven visitors

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

Cmbr. Sterner led the council in the pledge of allegiance.

Hutchinson provided a report of the commission chairs meeting, the Suburban Cities Policy Committee meeting and discussion of housing targets, transit issues, the sex offender program meeting, and State Referendum 51. He noted that Picnic in the Park is scheduled for July 26 and 27.

In response to a question from Cmbr. Sterner, Planning Manager Peterson discussed construction permits, housing targets and regional allocations.

City Administrator Jacobson requested the addition of a short executive session to the agenda to discuss real estate matters.

Cmbr. Thompson requested that the July 18, 2002 study session agenda be added as a new topic for discussion.

Cmbr. Thompson moved approval of the agenda as amended. Cmbr. Goss seconded. The motion carried unanimously.

Leslee Shanahan, 20233 41st Pl. NE, requested that the mayor and council pursue the possibility of legislation with state officials which would prohibit business enterprises that house sex offenders from operating in Lake Forest Park.

Peggy Gerdes, former city council member, and Jon Skamser, Transportation Committee chair, provided information that had been discussed at the July 10, 2002 transportation committee meeting regarding proposals for SR 522 transit improvements. Council members discussed various issues related to transportation improvements and thanked Gerdes and Skamser for their work on transportation issues affecting the City of Lake Forest Park.

Marcia Strang, 17721 Bothell Way NE, and Karen Weaver, 17707 Bothell Way NE, expressed their concern regarding access to their properties via Feasel’s Alley. hey noted that the Department of Transportation had eliminated access from Bothell Way Northeast to their properties some time ago. They said that the city had done a survey of Feasel’s Alley in 1995, and the possibility of ownership and maintenance of the alley by the city was discussed. They requested that city staff review the records regarding Feasel’s Alley and expressed their continued interest in city ownership and maintenance of the Alley.

Cmbr. Thompson moved to place Resolution 712/Awarding Bid and Authorizing Mayor to Sign Contract for Animal Acres Park Creekside Improvements to Controlled Rain LLC and Resolution 713/Authorizing Mayor to Sign Professional Services Agreement with Worthy & Associates for Cole Nature Preserve Master Plan on the second reading calendar. Cmbr. Goss seconded. The motion carried unanimously.

Cmbr. Armanini moved to place consent item 4, Authorize Mayor to Sign/Letter to King County Transit regarding SR 522 Transit Lane Usage on the second reading calendar. Thompson seconded. The motion carried unanimously.

Thompson moved adoption of the amended consent calendar as follows:

1. June 27, 2002 council regular meeting minutes
2. July 11, 2002 finance committee report covering warrants 41680 through 41759 in the amount of $87,946.20 drawn from the claims clearing fund and warrants 22769 through 22845 in the amount of $131,143.98 drawn from the payroll fund, and automatic withdrawal of $360.94 from checking for monthly back service fees.
3. Resolution 714/Authorization to File Deed of Right to Use Land for Public Aquatic Lands Access Purposes and Deed of Conservation Easement for Lyon Creek Waterfront
4. Set Date for Public Hearing on State Referendum 51 Financing Transportation Improvements

Cmbr. Olstad recused himself from discussion and action on this agenda item due to his position as a board member for Friends of Third Place Commons.

Discussion followed regarding liability insurance coverage and the budget for Friends of Third Place Commons.

Cmbr. Sterner moved to advance Resolution 715/Authorizing the Mayor to Sign Professional Services Agreement with Friends of Third Place Commons to the second reading calendar. Armanini seconded. The motion carried with five votes (Aye--Herzog, Armanini, Thompson, Goss, Sterner; Olstad not voting).

Jacobson noted that the ordinance is in response to a change in state law regarding fireworks.

In response to a question from Armanini, City Attorney Ruark noted that fireworks permit fees must be established by ordinance.

In response to comments by Herzog, Ruark said he recommends adoption of the ordinance based on his understanding of the new state law.

Hutchinson noted that Ordinance 875/Amending LFPMC 8.32 Entitled "Fireworks Restrictions" will be advanced to the July 25, 2002 council meeting agenda second reading calendar.

Planning Manager Ty Peterson noted that Ordinance 876/Amending LFPMC 16.26.030 A.1 Pertaining to Land Use Decisions was drafted to be consistent with the proposed Ordinance 874/Amending LFPMC Chapter 16.18.

Armanini noted that action on the two ordinances should be taken at the same time.

Hutchinson noted that Ordinance 876/Amending LFPMC 16.26.030 A.1Pertaining to Land Use Decisions will be advanced to the July 25, 2002 council meeting agenda second reading calendar.

Jacobson noted that changes had been made in the description of services to be provided by the agreement and in the information regarding the costs.

Sterner moved adoption of Resolution 711/Authorizing Mayor to Sign Professional Services Agreement with Hammond Collier Way Livingstone for Public Works Yard Design and Construction Management Services. Goss seconded. The motion carried unanimously.

Planning Manager Peterson reviewed the ordinance as presented and noted that the city attorney had made some changes in addition to those that the council had accepted in the previous draft marked staff proposed changes 5/09/02 and amendments 5/23/02.

In response to questions from council members, City Attorney Ruark noted and discussed his changes to the draft ordinance.

Following discussion, Olstad moved to amend Ordinance 874 as follows:

Page 8, line 41: "…from the buffer and setback requirements of this chapter…"

After further discussion, Olstad moved to amend Ordinance 874 as follows:

Page 8, line 41: "…buffer and setback requirements of this chapter or from the requirements of LFPMC 16.18.210 A.1…."

A 10-minute recess was called for at 9:17 p.m.

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

Olstad moved to amend Ordinance 874 as follows:

Page 9, line 1: "…will alleviate the disparity with minimal impact no loss to the sensitive area functions and values;…"

Following clarification from the city attorney, Thompson moved to amend Ordinance 874 as follows:

Page 9, lines 24-34:

"C. A variance from the requirements of LFPMC 16.18.210 a.1 shall be limited to a reduction of the slope buffer to no less than 10 feet in width. The Hearing Examiner must determine, on the basis of a geo-technical engineering or geological study performed by a professional acceptable to the city, that a reduced slope buffer will protect:

1. the slope; and
2. the proposed development; and
3. existing development on-site and in the vicinity to the same extent that a 50 foot buffer would protect each of the foregoing."

Herzog seconded.

In response to a question from Armanini, Peterson said that changes to the draft were made according to his understanding of council instructions redirecting all variances to the hearing examiner. Peterson agreed that variance criteria for all sensitive areas should be consistent.

Council members discussed the proposed language and its impacts and how to clarify the intent of the council.

Sterner moved to amend the motion adding lines 24-34 to Ordinance 874 as follows:

Page 9, lines 24-34:

"C. A variance from the requirements of LFPMC 16.18.210 a.1 shall be limited to a reduction of the slope buffer to no less than 10 feet in width. The Hearing Examiner must determine, on the basis of a geo-technical engineering or geological study performed by a professional acceptable to the city, that a reduced slope buffer will protect:

4. the slope; and
5. the proposed development; and\
6. existing development on-site and in the vicinity to the same extent that a 50 foot buffer would protect each of the foregoing."

Olstad seconded. Sterner directed that the sections following the proposed deletion be renumbered for consistency.

Following discussion, the maker and seconder withdrew the motion to amend.

Thompson moved to amend Ordinance 874 as follows:

Page 9, line 24: "C. A 5. For a variance from the requirements of LFPMC 16.18.210 A.1, shall be limited to a reduction of the slope buffer to no less than 10 feet in width. The Hearing Examiner must determine, demonstrate that, on the basis…"

Thompson moved to amend Ordinance 874 as follows:

Page 9, line 9: "…city, at the city’s sole discretion,…"

Herzog moved to amend Ordinance 874 as follows:

Page 9, line 26: "…professional acceptable approved …"

Herzog instructed staff to review the ordinance and to make all references to professionals consistent with the adopted motion.

Armanini moved to instruct staff that any future changes beyond those accepted by council be presented in a separate document listing changes for council consideration. Thompson seconded. The motion carried unanimously.

In response to questions from Thompson, Peterson said that the amendments addressed questions that had been asked by citizens and issues that had been raised by staff members.

In response to a request from Thompson, Peterson said he would correct and send copies of the newly amended ordinance to the parties of record.

In response to questions from Olstad, Jacobson said the plans had been approved by the Parks and Recreation Commission and were consistent with the master plan for the park. He discussed the location of the viewing platform and noted that a second platform could be added if additional funding is received.

Thompson moved approval of Resolution 712/Awarding Bid and Authorizing Mayor to Sign Contract for Animal Acres Park Creekside Improvements with Controlled Rain LLC. Armanini seconded. The motion carried unanimously.

In response to a request from Armanini, Jacobson said he will clarify the scope of work to show modifications to the draft plan which may be necessary following public comments.

Olstad moved approval of Resolution 713/Authorizing Mayor to Sign Professional Services Agreement with Worthy & Associates for Cole Nature Preserve Master Plan. Goss seconded. The motion carried unanimously.

In response to a question from Armanini, Jacobson noted that Mr. Paxton’s letter regarding the SR 522 transit lane included some valid comments, but the issue under consideration is hours of operation only. Jacobson noted that he will work with Chief Peterson and the Department of Transportation on a response to Mr. Paxton’s letter. Sterner asked that the city’s letter to King County METRO Transit be changed to note receipt of Mr. Paxton’s comments.

Herzog moved to authorize the mayor to sign the amended letter to King County Transit regarding SR 522 transit lane usage. Olstad seconded.

In response to a question from Thompson regarding the change in the transit lane at Acacia Cemetery, Jacobson said he will check will Director of Public Services Zenk regarding this matter.

In response to a request from Armanini, Jacobson said that METRO Transit requires that buses use the transit lane, and he will request that METRO enforce that with their drivers.

Armanini moved approval of Resolution 715/Authorizing the Mayor to Sign Professional Services Agreement with Friends of Third Place Commons.

Thompson reported a missing speed limit buoy approximately 100 yards off Sheridan Beach. Jacobson said that King County Marine Patrol is responsible for maintaining the buoys, and he will ask that the missing buoy be replaced.

Jacobson reported on discussions regarding wholesale water purveyors and possible options for the city.

Community and Government Affairs Manager Sarah Phillips reported on plans for the July 26-27 Picnic in the Park. She noted the extraordinary accomplishments of the city’s volunteers and said that the volunteers have received a special invitation to the July 27 Rotary pancake breakfast. Phillips reported on the schedule of activities for the Picnic in the Park.

Jacobson reported that King County Executive Ron Sims will announce his preferred alternative for the proposed Brightwater wastewater treatment plant on August 13. He noted that the county has scheduled an open house at the Civic Club on August 1 to provide information about proposed conveyance options for the Brightwater project.

Jacobson noted that a council member from the city of Mountlake Terrace has requested the opportunity to speak to the council regarding the Brightwater preferred alternative of the Route 9 site and the Map I conveyance route. Jacobson said he will try to arrange the presentation at the July 25, 2002 council meeting.

Jacobson noted that the council will be asked to consider a proposal regarding the teen center at the July 25 meeting. He asked that council members let him or Human Services Administrator Tema Nesoff know if a representative of the city of Shoreline and the Human Services Commission should attend to respond to questions.

Jacobson discussed the conditional use permit process for the Lyon Creek Waterfront. He noted that the August newsletter will include an article regarding the proposal to officially name the property Lyon Creek Waterfront Preserve.

Jacobson noted the information regarding the council chambers sound system improvements. Council members asked that a trade-in of the current microphones be explored and assurance that the new equipment is compatible with future options for videotaping meetings.

Jacobson reported that an extension of the agreement with Berryman and Henigar for on-call planning and development review services will be on the July 25, 2002 council agenda for approval. The original agreement set a $5,000 cap which will be reached shortly due to several project application reviews underway for the city.

Herzog moved to authorize the dissolution of the council committee for review of communications regarding the organics pilot program. Armanini seconded. The motion carried unanimously.

Thompson noted the memorandum from Jacobson recommending cancellation of the July 18 study session meeting. Council members reviewed various topics for discussion on the council workplan.

Thompson moved to cancel the July 18, 2002 council study session meeting. Armanini seconded. The motion carried unanimously.

Hutchinson requested an executive session for approximately 10 minutes for discussion of real estate matters.

Council members requested that the July 5, 2002 letter from Rich Morrisey be placed on the July 25, 2002 agenda for discussion. Also, the letter from former council member Peggy Gerdes and Transportation Committee members Jeff Altman and Jon Skamser be included for discussion on the August 8, 2002 council agenda.

At 11 p.m., Thompson moved to extend adjournment for approximately 10 minutes to allow the recess to executive session for discussion of real estate matters. There being no objection, it was so ordered. Those not required to remain for the executive session exited the council chambers at this time.

At 11:01 p.m., the meeting was recessed to executive session for approximately 10 minutes for discussion of real estate matters.

The meeting was resumed at 11:09 p.m.

Thompson moved to authorize the mayor to negotiate an agreement for acquisition services with King County for council approval. Armanini seconded. The motion carried unanimously.

Jacobson noted that a meeting with representatives of the Onnuri Church has been scheduled with staff for discussion of issues that have been raised regarding the conditional use process.

Thompson noted that all letters have been forwarded to the Planning Department for inclusion in the conditional use application file, and he noted that the hearing will be before Hearing Examiner John Galt.

In response to a question from Armanini regarding contacts from parties interested in the Gateway Senior Housing Assistance Group (SHAG) proposal, Ruark said that any presentations should be made to the council as a whole rather than to individual members.

There being no objection, the meeting was adjourned at 11:19 p.m.

Susan Stine, City Clerk

APPROVED:
David R. Hutchinson, Mayor

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