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This is an information-only record of the proceedings of the Lake Forest Park City Council. Please contact the city to request a paper copy of the official minutes of the council.

City of Lake Forest Park

City Council
Regular Meeting
May 22, 2003

Councilmembers present: Alan Kiest, Carolyn Armanini, Mary Jane Goss, Nate Herzog, Roger Olstad, Ed Sterner

Councilmember excused: Dwight Thompson

Staff present: David R. Hutchinson, Mayor; Karen Haines, City Administrator; Michael Ruark, City Attorney; Dennis Peterson, Police Chief; Frank Zenk, Public Works Operations Director; Sarah Phillips, Government & Community Relations Manager; John Hawley, Finance Director; Neil Jensen, City Engineer; Ty Peterson, City Planner; Susan Stine, City Clerk

Others present: 65 visitors

CALL TO ORDER

Mayor Hutchinson called the meeting to order at 7:38 p.m.

FLAG SALUTE

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

MAYOR’S REPORT

Hutchinson reported on various items of interest that included the Holman Plaza dedication and the leadership team retreat.

Hutchinson welcomed David Ehrlichman of Boy Scout Troop 348 to the meeting and noted that Ehrlichman is working on his citizenship and community badge.

RECOGNITION OF SERVICE

Brookside Elementary School Parent-Teacher Association/Resolution 785

Hutchinson presented a resolution to members of the Brookside Elementary School Parent-Teacher Association in recognition of their award for the outstanding local unit of the year by the Washington State Parent Teacher Association for 2002-2003.

Lake Forest Park Elementary School Parent-Teacher Association/Resolution 784

Hutchinson presented a resolution to members of the Lake Forest Park Elementary School Parent-Teacher Association for earning the outstanding local unit of the year by the Washington State Parent Teacher Association for the years 1999-2000 and 2001-2002.

Cmbr. Kiest commended the parents and volunteers for their contribution and stated it is a pleasure to be partners with them.

Hutchinson noted that Gregory Schrag and Lisa Glancy would be recognized for their distinguished service later in the meeting.

ADOPTION OF AGENDA

Cmbr. Herzog requested to add the proposed interlocal agreement with the City of Bothell for police dispatch and records management services on the first reading calendar as item 3.

Cmbr. Armanini requested to add item 4 on the consent calendar to excuse Cmbr. Thompson from tonight’s study session and regular council meeting.

Herzog moved to adopt the agenda as amended. Armanini seconded. The motion carried unanimously.

PRESENTATION

American Heart Association

Kurt Raese representing the American Heart Association provided information on heart disease and stroke. He encouraged participation in the American Heart Walk.

CITIZEN COMMENTS

Tony Del Mastro, 14540 Bothell Way NE, Lake City Elks Lodge, urged council to vote for Ordinance 893/Establishing the Gateway Senior Housing Overlay Zone for the Elks property. He thanked the city of Lake Forest Park’s staff, council and Planning Commission for all their work in providing an ordinance that will work within the entire city and not just their property.

Donovan Tracy, 15044 Beach Drive NE, said he sent correspondence earlier to council outlining his concerns regarding the Burke Gilman Trail and stops signs.

Keith James, 16624 22nd Avenue SE, Bothell, spoke in favor of Ordinance 893/Establishing the Gateway Senior Housing Overlay Zone and said he echoes Mr. Del Mastro’s comments. He noted he is here on behalf of Senior Housing Assistance Group (SHAG) as the developer of the proposed site.

Herb Selipsky, 3828 NE 151st St., said he his here to voice his concerns on the dangers for pedestrians on the use of the Burke Gilman Trail. He noted stop signs must be in place, speed limits must be visible and enforced. He supports the concept of multiple bicyclists riding in single file on the trail when in the presence of pedestrians.

Bob Travis, 15308 Beach Drive NE, expressed his concerns about the safety of the Burke Gilman Trail. He stated that bicyclists continue to ignore stops signs and speed limits. He encouraged council to seek the advice of the city attorney to halt the removal of the stop signs and bollards from the trail.

Manny Diaz, 14540 Bothell Way NE, noted he has a barber shop in the Elks property and noted senior housing is needed. He stated he has not seen any problems with traffic or crime in this area and supports senior housing on the Elks property.

Mamie Bolender, 16730 32nd Place NE, noted she had written a letter to council regarding her concerns about a garage remodel in her neighborhood. She said that she has received a response from the Planning Department but expressed concern regarding the permitting and posting processes.

Liane Newman, 16715 32nd Place NE, also expressed her concerns on the permitting process as described by Ms. Bolender on the garage issue.

At 8:32 p.m., Hutchinson noted that the two people being recognized for distinguished service are present. He said that citizen comments would continue following presentation of the awards.

RECOGNITION OF SERVICE

Gregory Schrag, Municipal Court Public Defender

Hutchinson recognized Gregory Schrag for his dedicated service as the municipal court public defender for 16 years and presented Mr. Schrag with a plaque in recognition of his distinguished service.

Municipal Court Judge Linda Portnoy thanked Mr. Schrag for his dedication and professionalism in the court and in working with his clients.

Schrag thanked Mayor Hutchinson and Judge Portnoy for their remarks and expressed his appreciation for the assistance he received from court staff.

Lisa Glancy, Municipal Court Volunteer

Hutchinson recognized Shorecrest High School senior Lisa Glancy for her volunteer work in the municipal court as a Spanish language translator. Hutchinson presented Ms. Glancy with a plaque for her distinguished service. Hutchinson noted that Ms. Glancy also works part-time at city hall.

Municipal Court Judge Portnoy thanked Ms. Glancy for her assistance with the court and praised her for willingness and dedication to continue to serve in that capacity following completion of her community service hours.

A five-minute recess was taken at 8:42 p.m.

The meeting was resumed at 8:51 p.m.

CITIZEN COMMENTS (continued)

Petina James, 3518 NE 147th St., spoke in opposition to Ordinance 893 and to the proposed senior housing project for the Elks property. She requested that council take into consideration the other property owners that will be affected by this project.

Natasha Grossman, 19823 55th Avenue NE, expressed her concern and distress regarding tree removal and land clearing on the site known as the keyhole property.

Ray Holmdahl, 14531 37th Avenue NE, expressed his concern regarding the proposed Ordinance 893 and noted that he had sent an e-mail message to council on this issue. He expressed concern on the setbacks currently proposed in the ordinance.

Howard Rose, 3550 NE 147th Street, thanked Cmbr. Kiest and other councilmembers for meeting with neighbors of the proposed senior housing project. He expressed his concerns regarding the location of the proposed project and his support for increased buffers and setbacks.

Dean Peterson, 15034 Beach Drive NE, noted his e-mail message sent to councilmembers as well as to King County Councilmember Carolyn Edmonds. He said that stop signs should not be removed, and the speed limit should be enforced on the Burke Gilman Trail. He said that he and his neighbors want to be involved, not just informed, regarding proposed improvements to the Trail.

Pi Cheney, 14523 38th Avenue NE, spoke in opposition to Ordinance 893 and noted her memo to council discussing trees on the Elks property. She said that the trees should not be removed if the project is approved.

FINAL CONFIRMATION CALENDAR

Julian Andersen, Environmental Quality Commission, Position 7, term ending 3/31/06

Morgan Kellock, Environmental Quality Commission, Position 7, term ending 3/31/06

Kiest moved to confirm Julian Andersen, Environmental Quality Commission, Position 7 (shared), term ending 3/31/06 and Morgan Kellock, Environmental Quality Commission, Position 7 (shared), term ending 3/31/06. Armanini seconded. The motion carried unanimously.

CONSENT CALENDAR

Hutchinson requested to add the Resolution 784/Recognizing Lake Forest Park Elementary School Parent Teacher Association and Resolution 785/Recognizing Brookside Elementary School Parent Teacher Association to the consent calendar.

Goss requested to pull the May 8, 2003 regular meeting minutes from the consent calendar.

Goss moved to amend the May 8, 2003 meeting minutes as follows:

Page 2, line 1: "…Cmbr. Goss questioned the open house meeting notice regarding removal of stop signs and asked that the City emphatically tell King County this issue is not for discussion. "

Herzog seconded. The motion carried unanimously.

Herzog requested to pull the May 8, 2003 study session minutes.

Herzog moved to amend the May 8, 2003 study session minutes as follows:

Page 2, line 2: "…Association of Washington Cities…"

Armanini seconded. The motion carried unanimously.

Armanini moved to adopt the consent calendar as follows:

  1. May 8, 2003 Council Study Session Minutes as amended
  2. May 8, 2003 Council Regular Meeting Minutes as amended
  3. May 22, 2003 finance committee report covering warrant nos. 43567 through 43660 in the amount of $239,839.45 drawn from the claims clearing fund and warrant nos. 24525 through 24600 in the amount of $143,622.84 drawn from the payroll clearing fund. An automatic withdrawal from checking account 5/29/03 in the amount of $545.49 for monthly bank service fees.
  4. Excuse Cmbr. Thompson from the May 22, 2003 council study session and regular council meeting.
  5. Resolution 784/Recognizing Lake Forest Park Elementary School Parent Teacher Association
  6. Resolution 785/Recognizing Brookside Elementary School Parent Teacher Association

Herzog seconded. The motion to adopt the consent calendar as amended carried unanimously.

FIRST READING CALENDAR

Resolution 782/Authorizing Mayor to Sign Agreement for Public Defender Services

Kiest moved to advance Resolution 782/Authorizing Mayor to Sign Agreement for Public Defender Services to the second reading calendar. Herzog seconded. The motion carried unanimously.

Ordinance 897/Amending the Penalty Provision of Ordinance 798 which Established Rules and Regulations for the Use of the Burke Gilman Trail and Adopted Interim Rules for the Use of the Trail

Armanini moved to advance Ordinance 897/Amending the Penalty Provision of Ordinance 798 which Established Rules and Regulations for the Use of the Burke Gilman Trail and Adopted Interim Rules for the Use of the Trail to the second reading calendar.

Herzog seconded. The motion carried unanimously.

There was no objection to Cmbr. Herzog’s request to move first reading calendar item 3, the proposed interlocal agreement with the City of Bothell for police dispatch and records management services to new topics for discussion.

SECOND READING CALENDAR

Ordinance 896/Authorizing Mayor to Sign Franchise Agreement with Northshore Utility District

City Administrator Karen Haines noted that Ordinance 896 would remain on the second reading calendar because discussions with Northshore Utility district have not been concluded.

Finance Director John Hawley reviewed terms of the proposed agreement and discussed issues related to non-assumption language and the permit fee waiver in response to questions from councilmembers.

Ordinance 893/Establishing the Gateway Senior Housing Overlay Zone

Planning Manager Ty Peterson noted that the ordinance provided to the council included all approved amendments. He said his memo provides a list of the proposed amendments for council consideration.

Kiest expressed his interest in postponing a decision regarding the proposed amendment related to screening and landscaped berms to allow the council more time to related issues. He noted that citizens have indicated their preference for a perimeter barrier, and the berm discussion might become more precise after setback and tree issues are discussed.

Peterson said that from a land use perspective, a berm is a means of buffering and may not be a significant part of the ordinance in its entirety.

Kiest recommended that the proposed amendment be kept on the list but tabled indefinitely.

Herzog moved to table indefinitely amendment #1 as proposed in the memo dated 5/20/03 from Ty Peterson as follows:

Page 4, lines 39-41:

B. Screening at a minimum 50% of the building setback areas abutting residential properties and public rights-of-ways with a vegetated screen as provided in LFPMC 18.62, a landscaped berm of 4:1 slopes or equivalent shall be incorporated into the required vegetated screening for those setback areas abutting a public right-of-way.

Sterner seconded. The motion to table carried unanimously.

Cmbr. Herzog noted the significance of potential tradeoffs related to parks or open space and adjusting setbacks. He said that amendment #2 regarding open space and common areas warrants further discussion with respect to adjusting setbacks. He also noted that further discussion is needed regarding maintenance responsibility for such areas.

Olstad agreed that berms, setbacks and other issues are interrelated, and he would like more information regarding the location of the trees identified in Ms. Cheney’s letter and their relation to setbacks and property lines.

Kiest expressed his interest in language options related to maintenance by covenant, then he said the council might be able work its will on the setback concept.

Goss expressed her concern that the property owner may be restricted regarding the placement of the building due to the effect of proposed amendments.

Peterson discussed issues related to open space, covenants and restrictions. He will provide additional information related to issues raised by the council.

Herzog moved to table amendment #2 to the next council meeting on June 12, 2003. Kiest seconded. The motion carried unanimously.

Sterner moved to amendment #3 as follows:

Page 4, line 11: "…setbacks adjacent to public rights-of-ways and adjacent developed single-family properties.

Goss seconded.

Following further discussion, Sterner moved to amend the amendment #3 as follows:

Page 4, line 11: "…setbacks adjacent to public rights-of-ways and adjacent developed single-family zoned properties not within the overlay zone.

Goss seconded. The motion to amend amendment #3 carried unanimously.

The motion to approved amendment #3 as amended carried unanimously.

Armanini thanked Peterson for his work on these amendments.

Kiest asked Peterson to address the issue of the 80 additional units raised in Mr. Holmdahl’s letter for discussion at the next council meeting.

Following discussion of the council timeline for completion of Ordinance 893, Herzog moved that Ordinance 893 should not be placed on the June 12, 2003 council meeting agenda final action calendar.

Armanini seconded. The motion carried unanimously.

There was no objection to the Mayor’s suggestion that Ordinance 897/ Amending the Penalty Provision of Ordinance 798 which Established Rules and Regulations for the Use of the Burke Gilman Trail and Adopted Interim Rules for the Use of the Trail should be taken out of order and dealt with next on the agenda.

Ordinance 897/Amending the Penalty Provision of Ordinance 798 which Established Rules and Regulations for the Use of the Burke Gilman Trail and Adopted Interim Rules for the Use of the Trail

Kiest moved to amend Ordinance 897 as follows:

Page 2, line 16: "…Multiple bicyclists shall ride in single file in presence of pedestrians and when approaching pedestrians and at vehicular and/or pedestrian crossings."

Herzog seconded.

After further discussion, the motion carried 5-1 (Aye—Kiest, Armanini, Herzog, Olstad, Sterner; Nay—Goss).

Olstad moved to amend as follows:

Page 2, line 37: "…before sunset to one-half hour before after sunrise shall equip…"

Kiest seconded. The motion carried unanimously.

Sterner moved to amend as follows:

Page 2, line 11: "H. Model Trail User Code of Conduct

Armanini seconded. The motion carried unanimously.

Armanini moved to take Ordinance 897out of order and advance it to final action calendar.

Olstad seconded. The motion carried unanimously.

FINAL ACTION CALENDAR

Ordinance 897/Amending the Penalty Provision of Ordinance 798 which Established Rules and Regulations for the Use of the Burke Gilman Trail and Adopted Interim Rules for the Use of the Trail

Armanini moved to adopt Ordinance 897/Amending the Penalty Provision of Ordinance 798 which Established Rules and Regulations for the Use of the Burke Gilman Trail and Adopted Interim Rules for the Use of the Trail. Olstad seconded. The motion carried unanimously.

Chief of Police Dennis Peterson expressed his appreciation that the Council has provided support in the budget for the police department’s bicycle patrol.

There was no objection to Herzog’s request to take new business item, proposed interlocal agreement with the City of Bothell for police dispatch and records management services, out of order for immediate discussion.

Armanini exited the meeting at 10:45 p.m.

NEW BUSINESS/New Topics for Discussion

Proposed Interlocal Agreement with the City of Bothell for Police Dispatch and Records Management Services

Chief of Police Dennis Peterson noted this item would need to be resolved by June 2003.

Kiest expressed his interest in a risk management strategy related to equipment and software purchasing and the City’s relationship with the City of Bothell.

Peterson discussed the preferred vendor’s position in the marketplace and noted that the Bothell City Council is very interested in continuing to provide dispatch services for the City and has been very cautious about changes to the agreement.

Following further discussion, the Council agreed to place the interlocal agreement with the City of Bothell on the June 12, 2003 council agenda.

At 11:04 p.m., Sterner moved to extend the meeting for an additional 10 minutes. Olstad seconded. The motion carried unanimously.

SECOND READING CALENDAR

Resolution 782/Authorizing Mayor to Sign Agreement for Public Defender Services

Kiest moved to approve Resolution 782/Authorizing Mayor to Sign Agreement for Public Defender Services.

Goss seconded. Following discussion, the motion carried unanimously.

Ordinance 894/Amending LFPMC 2.06.010 Relating to Time and Place of Council Meetings

Herzog moved to hold over Ordinance 894 to the second reading calendar for the June 12, 2003 council meeting.

Goss seconded. The motion carried unanimously.

Herzog moved that a special meeting be scheduled for June 12, 2003 and June 26, 2003 starting at 5:30 p.m. for the council study session and that the June 19, 2003 council study session be canceled.

Goss seconded. The motion carried unanimously.

NEW BUSINESS

Council Reports

Cmbr. Olstad reported on Water Resources Inventory Area (WRIA 8) issues and related budget matters.

Kiest noted that he is planning to attend the performance measures workshop and encouraged Haines to attend also.

Kiest recommended that a kit called "Getting School Ready" be made available at the library and suggested articles in the Town Crier and the Enterprise to inform parents of its availability.

Hutchinson acknowledged the beautiful bouquet of flowers sent to the city council by the Shoreline/Lake Forest Park Senior Center and encouraged participation in their June 3 fundraising breakfast.

Authorize Mayor to Sign Letter to Metropolitan King County Councilmember Edmonds regarding Burke Gilman Trail Issues

Haines noted that Metropolitan King County Councilmember Edmonds had indicated that she would wait for a letter from the City before any work is done on the Burke Gilman Trail. Haines said that a draft letter has been prepared for council consideration.

Following discussion, Sterner moved to authorize the Mayor to sign the letter to Metropolitan King County Councilmember Carolyn Edmonds with a copy to Metropolitan King County Executive Ron Sims regarding the Burke Gilman Trail issues.

Goss seconded. The motion carried unanimously.

ADJOURNMENT

There being no objection, the meeting was adjourned at 11:17 p.m.

Susan Stine, City Clerk

David R. Hutchinson, Mayor


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