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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
June 26, 2003

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

Staff present: David Hutchinson, Mayor; Karen Haines, City Administrator; Michael Ruark, City Attorney; Dennis Peterson, Police Chief; Ty Peterson, City Planner; Neil Jensen, City Engineer; Susan Stine, City Clerk

Others present: 48 visitors

CALL TO ORDER

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

FLAG SALUTE

Cmbr. Herzog led council in the pledge of allegiance.

MAYOR’S REPORT

Hutchinson reported on the Association of Washington Cities conference in Spokane, SeaShore Transportation Forum issues, the June 21 garden tour and the Brookside D.A.R.E. graduation.

ADOPTION OF AGENDA

Hutchinson welcomed State Senator Darlene Fairley, 32nd Legislative District, to the meeting and added Senator Fairley’s legislative report to the agenda.

Cmbr. Thompson moved to adopt the agenda as amended. Cmbr. Kiest seconded. The motion carried unanimously.

REPORT FROM STATE SENATOR DARLENE FAIRLEY, 32ND LEGISLATIVE DISTRICT

State Senator Darlene Fairley reported on the state transportation budget, the prescription drug bill, various initiatives, funding for educational programs and health care for children, criminal justice system funding, the Fircrest facility, and gambling. Fairley noted that approximately $194,000 was included in the budget for Lake Forest Park to be distributed over two years.

In response to a question from Cmbr. Armanini, Senator Fairley discussed future sales tax equalization replacement monies.

In response to a question from Kiest, Fairley discussed siting of housing for sex offenders.

Senator Fairley said she would like to hear from the City about any potential capital projects and funding requests.

In response to a question from Cmbr. Olstad, Fairley discussed budget reductions, extra funding for firefighters in a fire danger year, gambling issues, and funding for community networks.

CITIZEN COMMENTS

Don Quale, 3510 NE 147th St., said that the majority of the neighbors do not want the proposed senior housing project to be built on the Elks property.

Karen Day, 3510 NE 147th St., said that she would like to give her time to Ray Holmdahl.

Andre Kahr, 14729 37th NE, said that he would like to give his time to Howard Rose.

Howard Rose, 3550 NE 147th St., referred to a map and discussed issues related to façade modulation and setback area for the proposed ordinance establishing the senior housing overlay zone. He expressed concern that a park would become an attractive nuisance rather than a benefit for the neighborhood. He said his preference is for a greenbelt area rather than a park.

Howard Bendtsen, 3604 NE 155th St., spoke in support of the senior housing overlay zone and encouraged council to vote in favor of Ordinance 893.

Phil Nelson, 18904 26th Avenue NE, expressed his support for repair of the Forest Park Drive slide damage. He noted the impact of the slide on travel and access to their neighborhood. He said he is pleased with the responsiveness of the council to this problem and thanked them for taking steps to repair the slide.

Dean Peterson, 15034 Beach Drive NE, spoke on issues related to the Burke Gilman Trail and noted that the bicyclists seem to be slowing down due to traffic enforcement officers on the Trail. He praised the presence of police officers and thanked Chief Peterson for the patrols on the Trail.

Bob Travis, 15308 Beach Drive NE, said he did not believe that the bicyclists have slowed down on the Trail. He said it’s great to have officers enforce the speed limit and traffic signs, but he reported recent damage to private property, lights and signage.

Donovan Tracy, 15044 Beach Drive NE, thanked council for their support on behalf of the Beach Drive residents with regard to the Burke Gilman Trail. He suggested an addition to the code of conduct adopted by council on May 22, 2003 for trail use.

Linda Radach, 2525 NE 191st, expressed her appreciation for the council’s interest in the Forest Park Drive slide area and encouraged them to authorize the repair.

Don Warrick, 18710 26th Avenue NE, spoke in support of repairing the Forest Park Drive slide area and said that the road should be opened in both directions.

Andy Olsen, 18804 26th Avenue NE, reiterated his support for continued work on Forest Park Drive. He said that he is pleased that one lane is open, but he would like to see it opened both ways.

Ray Holmdahl, 14531 37th Avenue NE, thanked councilmembers for taking time to talk with neighbors of the proposed senior housing overlay zone. He discussed setback and parking issues.

Eric Weissman, 18701 25th Avenue NE, spoke in favor of the repair of the Forest Park Drive slide area to allow for two-way traffic.

Martin Nelson, 14732 Edgewater Lane NE, spoke on safety issues and stop signs on the Burke Gilman Trail. He encouraged council to continue patrolling the Trail and stressed that safety is of utmost importance to him.

Larry Cohen, 14551 37th Avenue NE, spoke on the proposed senior housing overlay zone and discussed setback issues. He also stated that he felt stop signs are not necessary on the Trail and believes that yield signs would be acceptable.

Sandra Goodkin, 15312 Beach Drive NE, noted her concern regarding safety issues for property owners who must cross the Burke Gilman Trail.

CONSENT CALENDAR

Thompson moved to approve the consent calendar as follows:

  1. June 12, 2003 Council Study Session Minutes
  2. June 12, 2003 Council Regular Meeting Minutes
  3. June 26, 2003 Finance Committee Report covering warrant nos. 43762 through 43827 in the amount of $62,545.65 drawn from the claims clearing fund and warrant nos. 24686 through 24766 in the amount of $142,952.13 drawn from the payroll clearing fund.
  4. Authorization to Proceed with Design for Forest Park Drive Slide Repair
  5. Resolution 792/Supporting the State-Wide Effort to Recruit Boeing’s 7E7 Jetliner Assembly
  6. Resolution 793/Accepting Completion of Contract for Public Works Facility

Armanini seconded. The motion carried unanimously.

FIRST READING CALENDAR

Resolution 790/Authorizing Mayor to Sign Interlocal Agreement with Northshore Fire District for Fire Marshal Services

Resolution 791/Authorizing Mayor to Sign Contract with Paul Sorey for Animal Acres Park Drinking Fountain

Thompson moved to advance Resolution 790/ Authorizing Mayor to Sign Interlocal Agreement with Northshore Fire District for Fire Marshal Services and Resolution 791/Authorizing Mayor to Sign Contract with Paul Sorey for Animal Acres Park Drinking Fountain to second reading calendar.

Cmbr. Herzog seconded. The motion carried unanimously.

SECOND READING CALENDAR

Resolution 772/Authorizing Mayor to Sign Interlocal Cooperation Agreement with Coalition of Small Police Agencies

Herzog moved to adopt Resolution 772/Authorizing Mayor to Sign Interlocal Agreement with Coalition of Small Police Agencies.

Armanini seconded. The motion carried unanimously.

Ordinance 893/Establishing the Gateway Senior Housing Overlay Zone

Thompson moved to amend Ordinance 893 as proposed in amendments 4 and 5 included in the City Planner’s memo dated 6/24/03 as follows:

Amendment 4

Page 5, lines 26-36:

18.44A.130 Open Space and Common Areas. Permitting of development authorized by the Gateway Senior Housing Overlay Zone designation must provide for outdoor common areas, including dedicated open space as required by 18.44A.120(A) and (B), comprising a minimum of 20% of the land area within the development and consisting of landscaped, park-like setting, with pedestrian linkages between open spaces, common areas and the public right-of-way. , which shall be dedicated for p Public open space or park use shall be dedicated by conveyance to the City or be recorded covenant according to the following schedule provisions:

  1. Prior to Upon the permitting of the 100th unit, a contiguous area equal to or exceeding 10% 7.5% of the developed area shall be dedicated; and
  2. Additional open space dedication shall be required at 10% 7.5% of the any additional development area.
  3. Open space or park use dedication shall meet the following minimum criteria:
    1. The area dedicated shall be free of buildings, municipal solid waste, yard waste, construction materials, debris and other encumbrances to use.
    2. The area shall consist of a minimum dimension of 50 feet by 50 feet with at least one side abutting a public right-of-way. Remaining dedicated areas must include useable spaces acceptable to the City.

Amendment 5

Page 4, lines 31-34:

  1. No less than 25 30 feet at any point; and
  2. No less than 30 feet for any portion of a building in excess of 25 feet in height; and

Cmbr. Goss seconded.

Peterson discussed the rationale behind the two amendments with regard to setback and frontage areas.

After further discussion by council, Cmbr. Kiest moved to amend amendment 5 as follows:

1. No less than 25 30 40 feet at any point; and

Armanini seconded.

Following discussion, Kiest moved to separate the question and to consider amendment 4 and amendment 5 separately.

Olstad seconded. The motion carried unanimously.

Discussion followed regarding Amendment 4.

A five-minute recess was taken at 9:45 p.m.

The meeting was resumed at 9:56 p.m.

The motion to amend Ordinance 893 as proposed in amendment 4 did not pass 3-4 (Aye—Goss, Thompson, Sterner; Nay—Olstad, Armanini, Herzog, Kiest).

The motion to amend amendment 5, increasing the minimum setback from 30 feet to 40 feet, carried 4-3 (Aye—Kiest, Armanini, Sterner, Olstad; Nay—Thompson, Goss, Herzog).

The motion to amend Ordinance 893 as proposed in amendment 5 as amended carried 4-3 (Aye—Kiest, Armanini, Sterner, Olstad; Nay—Thompson, Goss, Herzog).

Kiest moved to amend Ordinance 893 as proposed in amendment 2 as follows:

Amendment 2

Page 5, lines 26-36:

18.44A.130 Open Space and Common Areas. Permitting of development authorized by Gateway Senior Housing Overlay Zone designation must provide for outdoor common areas, comprising a minimum of 20% of the land area within the development and consisting of landscaped, park-like setting, with pedestrian linkages between, common areas and the public right-of-way. Common areas shall be designed for suitable passive recreation that includes pedestrian features and may be incorporated into the required screening but may not reduce the screening standard or effect. which shall be dedicated for public open space or park use by conveyance to the City or be recorded covenant according to the following schedule:

  1. Prior to the permitting of the 100th unit, an area equal to or exceeding 10% of the developed area shall be dedicated; and
  2. Additional open space dedication shall be required at 10% of the any additional development area.

Armanini seconded.

Herzog moved to amend amendment 2 as follows:

"…screening standard or effect. Common areas shall be free of yard waste, municipal solid waste, construction materials, debris and other encumbrances to use."

Armanini seconded. The motion to amend amendment 2 carried unanimously.

The motion to amend Ordinance 893 as proposed in amendment 2 and as amended carried 4-3 (Aye—Olstad, Armanini, Kiest, Herzog; Nay—Goss, Thompson, Sterner).

Herzog moved to amend Ordinance 893 to reflect changes noted in the adopted June 12, 2003 meeting minutes as follows:

Page 3, line 35: "D. A. ….Bothell Way NE provided that any access to NE 147th Street shall be designed to restrict cut-through traffic. Any access point on NE 147th Street shall be located at the west end of the overlay zone."

Page 5, line 10: "…berm of 4 5:1 slopes or equivalent shall be incorporated…"

Page 5, lines 11-12: "… as may be deemed necessary by the City Planning Department."

Thompson seconded. The motion to amend carried unanimously.

Kiest moved to amend Ordinance 893 as follows:

Page 3, line 40-41: "1. Access to NE 147th Street to be located at the west end of the overlay area and as far west as feasible, and;

1. 2 Access shall be designed to restrict and minimize cut-through traffic.

Following clarification by Herzog, Kiest withdrew his motion to amend.

Kiest moved to amend Ordinance 893 as follows:

Page 5, lines 21-24:

"B. Façade modulation that incorporates breaks at least 5 feet in depth and 10 feet in length for every 40 horizontal linear feet and such that any unmodulated façade shall not exceed 40 horizontal linear feet; and

C. Color modulation: at a minimum to accentuate or complement façade modulation."

Armanini seconded.

After further discussion by council, the motion to amend carried unanimously.

Kiest moved to amend Ordinance 893 as follows:

Page 5, lines 4-12:

"A. Landscaping of all areas not allocated to buildings, parking, pedestrian and vehicle access and recreation pursuant to a City approved landscaping plan, which shall encourage require combining native evergreen and deciduous species and keeping any adult trees already so situated.

B. … properties and public rights of way with a vegetated screen as provided in LFPMC 18.62. which includes adult trees (15 feet or taller) and at a minimum conforms to LFPMC 18.62…"

Herzog seconded.

After further discussion on the amendment, Armanini moved to amend the amendment as follows:

"A. … which shall require combining native evergreen and deciduous species. and keeping any adult trees already so situated."

Following discussion, Kiest moved to table the motion to amend to the July 10, 2003 council meeting.

Thompson seconded. The motion to table carried unanimously.

Herzog moved to amend Ordinance 893 as follows:

Page 4, line 27: "… abutting public rights-of-way and adjacent to developed single-family zoned properties not within the Overlay Zone."

Armanini seconded. The motion carried unanimously.

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

Thompson moved to keep Ordinance 894/Amending LFPMC 2.06.010 Relating to Time and Place of Council on second reading calendar.

Sterner seconded.

At the request of Armanini, the maker and seconder withdrew their motion.

Armanini stated that she has worked with Cmbrs. Herzog and Olstad and staff to develop a plan to continue the two meetings per month schedule for an additional three-month trial. Armanini proposed that study sessions would start at 6 p.m. and regular meetings would adjourn at 10 p.m. She also suggested that changes could be made to the order of the agenda and to the preparation and delivery of council packets.

Thompson expressed his concern regarding the proposed 10 p.m. adjournment and the council’s ability to complete the business of the city with strict time limitations.

Goss suggested starting study sessions at 5:30 p.m. and ending the regular meetings at 10:30 p.m.

Herzog said that council members would benefit from having all meeting information delivered on the Friday before the meeting and eliminating the Tuesday council packets. He noted that Friday delivery of a complete packet would give council time to peruse the meeting information and ask questions of staff if necessary prior to the meeting.

Kiest requested that the executive session regarding potential legal issues be held over to the July 10, 2003 council meeting.

Haines requested a short executive session regarding personnel issues.

Herzog moved to cancel the study sessions scheduled for the third Thursday of July, August and September. Armanini seconded. The motion carried unanimously.

Herzog moved to schedule special meetings as council study sessions to precede council regular council meetings on the second and fourth Thursdays for July, August and September beginning at 6 p.m. Armanini seconded. The motion carried unanimously.

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

Haines noted that Ordinance 896/Authorizing Mayor to Sign Franchise Agreement with Northshore Utility District would remain on second reading until the negotiations are complete.

Resolution 790/Authorizing Mayor to Sign Interlocal Agreement with Northshore Fire District for Fire Marshal Services

Herzog moved to adopt Resolution 790/Authorizing Mayor to Sign Interlocal Agreement with Northshore Fire District for Fire Marshal Services.

Goss seconded. The motion carried unanimously.

Resolution 791/Authorizing Mayor to Sign Contract with Paul Sorey for Animal Acres Park Drinking Fountain

Following discussion, Armanini moved to table Resolution 791/Authorizing Mayor to Sign Contract with Paul Sorey for Animal Acres Park Drinking Fountain until further information regarding plumbing, installation and other costs are available.

Kiest seconded. The motion carried unanimously.

At 11 p.m., Hutchinson noted that the next item on the agenda is an executive session for discussion of personnel matters for approximately five minutes. Those not required to remain for the executive session exited the chambers at this time.

Executive Session

The meeting was recessed to executive session at 11:02 p.m. for approximately five minutes for discussion of personnel matters.

The meeting was resumed at 11:04 p.m.

Extension of Current Contract for Chief of Police

Kiest moved to approve the proposed extension of Chief Dennis Peterson’s current employment for 45 days to allow for completion of negotiations regarding contract renewal.

Goss seconded. The motion carried unanimously.

ADJOURNMENT

There being no objection, the meeting was adjourned at 11:05 p.m.

Susan Stine, City Clerk

David R. Hutchinson, Mayor


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