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

Staff present: David R. Hutchinson, Mayor; Karen Haines, City Administrator; Rosemary Larson, Assistant City Attorney; Sarah Phillips, Government & Community Relations Manager; John Hawley, Finance Director; Susan Stine, City Clerk

Others present: 150 visitors

Mayor Hutchinson called the meeting to order at 7:30 p.m.

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

Hutchinson welcomed visitors and briefly described the process and ground rules for public testimony. He noted that the city attorney drafted the proposed Ordinance 907/Relating to the City’s Development Regulations for Trails as requested by the city council.

At the request of Hutchinson, City Administrator Karen Haines provided a brief overview of the proposed Ordinance 907. Haines noted two amendments to current regulations are included in proposed Ordinance 907: 1) it amends the environmentally sensitive areas regulations, and 2) it amends the conditional use criteria. She briefly described the potential impacts of each proposed amendment.

Hutchinson opened the public hearing on Ordinance 907/Relating to City’s Development Regulations for Trails at 7:36 p.m.

Carolyn Edmonds, Metropolitan King County Councilmember District 1, 660 NW 178^th Place, Shoreline, expressed her disappointment with the proposed ordinance and its potential impact on future trail improvements. She expressed concern regarding the county’s relationship with the city and future funding and liability issues.

Bill Van Horn, Gourmet Senior Bicycle Club, 3010 NE 163^rd, Lake Forest Park, spoke in opposition to Ordinance 907 and said he would file a grievance under the Americans with Disabilities Act if the trail were not accessible to all users.

Donovan Tracy, 15044 Beach Drive NE, spoke in favor of Ordinance 907 and expressed concern regarding the possibility that the county would impose trail improvements without considering local needs.

Dean Peterson, 15034 Beach Drive NE, spoke in favor of Ordinance 907 and said the city should not allow the county to influence its decision on this ordinance.

Ed Kesicki, 2504 208^th Pl SE, Bothell, spoke in opposition to Ordinance 907 and expressed concern that the potential changes would prohibit his family’s use of the trail.

Sophie Gibbard, 20304 42^nd Ave. NE, Lake Forest Park, spoke in opposition to Ordinance 907. She expressed concern regarding a possible reduction in bicycle commuting and an increase in pollution caused by more vehicles.

Daniel Dailey, 19526 38^th Avenue NE, spoke in opposition to Ordinance 907. He said that he wanted his tax dollars spent on safety, not litigation.

Jon Skamser, 2621 NE 185^th St., Transportation Committee chair, urged council to not pass Ordinance 907 and to work with the county on making the trail safer.

Ben Howe, 14715 27^th Ave NE, Shoreline, expressed concern regarding trail safety if the trail surface is changed to gravel. He suggested speed bumps to reduce the speed of cyclists.

Richard Dandridge, 9705 NE Riverbend Drive, Bothell, spoke in opposition to Ordinance 907. As a bike commuter from Bothell to the University of Washington, he said he would quit riding his bike if the trail surface is changed. He would encourage other bikers to stop using services in the city if this ordinance is passed.

Marian Benish, 3804 NE 195^th Place, expressed her concern about safety if the trail’s surface is changed and said that her elderly parents use the trail for exercise.

Wally Lane, 19528 NE 38^th Avenue, spoke in opposition to Ordinance 907 and said that no one can explain the need for this ordinance to him.

Jeff Altman, 18474 40^th Place NE, Transportation Committee Vice-Chair, spoke as a citizen of Lake Forest Park. He said the proposed Ordinance 907 seems a strange step when the city is trying to decrease the use of motor vehicles and decrease pollution.

David Hiller, 801 First Avenue N, Seattle, Director of the Cascade Bicycle Club, spoke in opposition to Ordinance 907 and said that the city should work with King County to make the trail a safer place for all users.

George Thornton, 1000 Second Avenue, Redmond Cycling Club member, noted that 20 club members are present to express their concern on Ordinance 907. As a personal injury lawyer, he noted potential liability issues for the city if Ordinance 907 is adopted.

Susan Cady, 6845 48^th Avenue NE, Seattle, Redmond Cycling Club member, encouraged the council and the county to work together to make the trail safer.

Ruth Snead, 8066 Dibble Avenue NW, Seattle, Redmond Cycling Club member, said that she knows there are safety issues and asked that council work with the county to improve the trail.

Steve Froebe, 19521 21^st Avenue NE, spoke in opposition to Ordinance 907 and said that he chose to live in Lake Forest Park because of the trail. He uses the trail to commute and rides with his family recreationally. He expressed his concerns regarding safety issues.

Louise McGordy, P.O. Box 2904, Seattle, representative of Bicycle Alliance of Washington, spoke in opposition to Ordinance 907. She urged council not to pass Ordinance 907 but to work together with the county in making improvements to the trail.

Steve Danishek, 4626 NE 174^th Pl., said the problem is not the trail itself but the enforcement of the speed limits for bicyclists and encouraged council to take action on enforcement.

Marty Rood, 14562 Lakeshore Blvd NE, said that safety is important to him, and he would like stop signs instead of the yield signs placed at the intersection near his home.

Dan Block, 2519 NE 184^th Pl., said that this ordinance sounds like something Tim Eyman would propose. He said that Ordinance 907 is regressive and would not address the safety concerns that currently exist on the trail.

Janet Heineck, 12035 32^nd Avenue NE, Seattle, spoke in opposition to Ordinance 907 and stated she often uses the trail to visit the city and use its services. She encouraged council to work with the county.

Robb Kingsbury, 16170 SE 16^th St., Bellevue, stated he is a senior transportation project manager, and he asked the city to work together with the county to resolve the issues related to the trail.

Martin Nelson, 14732 Edgewater Lane, said he is in favor of Ordinance 907 because it will give the community control of the development of the trail.

Michael Higgins, 715 N 103^rd, Seattle, said that the trail is a community and regional asset and agrees there are safety concerns.

Cmbr. Herzog requested that a five-minute recess be taken after the next three speakers.

Linda Knapp, 7526 41^st Avenue NE, Seattle, expressed her concern regarding safety if Ordinance 907 passes.

Don Boothby, 8018 36^th Avenue S, Seattle, said that mountain bikers would find an unpaved trail attractive and would provide a new challenge for the city if the ordinance is adopted.

Tim McAllister, 6055 NE 200^th St., Kenmore, stated that this ordinance is not meant to protect sensitive areas and is laughable. He urged council to reconsider and to not pass Ordinance 907.

Thomas Killion, 16328 27^th Avenue NE, Shoreline, president of the Redmond Cycling Club, noted the part of the trail in Lake Forest Park needs repair. He said that the proposed Ordinance 907 is a sham and encouraged the city to work with King County to fix the trail.

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

The meeting was resumed at 9:12 p.m.

Terry Morgan, 18403 60^th Place NE, Kenmore, spoke in opposition to Ordinance 907. He said that the argument regarding environmental concerns to support the ordinance is specious and concurred with comments by other speakers opposed to the ordinance.

Bill Moritz, 16901 105^th Ave. NE, Bothell, spoke in opposition to Ordinance 907 and suggested that an ordinance intended to protect sensitive areas should require removal of all impervious surfaces within 200 feet back of the lakefront.

Gary Atkins, 2210 344^th Avenue NE, Carnation, Redmond Cycling Club member, noted that the club holds a monthly meeting in Lake Forest Park, and 40-50 cyclists spend money at the town center. He asked the council to consider the potential economic impact of adoption of the ordinance.

Patti Atkins, 2210 344^th Avenue NE, Carnation, spoke in opposition to Ordinance 907 and urged council to work together with King County.

Brian Vanderburg, 15848 34^th Avenue NE, stated he is an engineer and has designed pervious sidewalks for the city of Kirkland. He said the ordinance is too vague and urged council to work with the county.

Nadine Findley, 16170 SE 16^th St., Bellevue, encouraged council to vote no on Ordinance 907. She questioned the purpose of the proposed ordinance.

Robert Sindelar, 2910 NE 180^th St., said that he is the manager of Third Place Books and a member of the Sustaining a Livable Lake Forest Park Task Force. He said that the task force is working on the future of the town center, and he noted that residents cannot support the businesses alone. He said the ordinance is a drastic step and encouraged the council to work with the county on safety issues.

Cmbr. Thompson moved to suspend the rules and extend the public hearing to 10:00 p.m.

Lee Adams, 2406 NE 60^th St., Seattle, said he opposes Ordinance 907. He said that both drivers and cyclists must be civil in an urban environment.

Stan McKnight, 20304 42^nd Avenue NE, stated he is a bike commuter daily to the University of Washington and said the trail is a unique resource for the city. He expressed his concern regarding the lack of communication between the city and the county with regard to this ordinance. He urged council to work with King County.

Stuart Strand, 15335 Beach Drive NE, said he bought property and built his house because of the trail. He urged council to vote against this ordinance and to work together with the county. He said the council should not waste his tax dollars.

Tom McTaggart, 19522 34^th Avenue NE, spoke in opposition to Ordinance 907. He said that he is a long-time trail user, and he would be disappointed if this treasure is thrown away.

Julie Hungar, 18213 Ballinger Way NE, said that this ordinance would be a disservice to the residents of Lake Forest Park. She agreed there are safety issues but believes this is a perfect example of unnecessary legislation.

John Hill, 16027 36^th Avenue NE, spoke in opposition to Ordinance 907. He said that he purchased his home to be near the trail and believes it adds value to his property. He noted that there would be financial consequences if this ordinance is passed.

Tina Kaps, 15547 11^th Ave. NE, Shoreline, said that she walks on the trail. She encouraged council to vote against this ordinance and to work with the county to make improvements to the trail.

Wick Haxton, 4910 NE 180^th St., said he is concerned with this council and with the action that they are taking with regard to the trail. He said this ordinance is not in the best interest of our city.

Tina Baker, 7013 NE 204^th, Kenmore, spoke in opposition to Ordinance 907. She noted safety concerns and encouraged the city to work with the county to make improvements to the trail.

Frank Michiels, 18325 47^th Place NE, showed an example of absorbent concrete and noted that porous asphalt also is available.

Dave Thompson, 2475 NE 182^nd Ct., Shoreline, said that no one believes that this ordinance has anything to do with the environment. He said that he was surprised to hear that the trail has a 50-foot right of way, and he encouraged the council to work with the county to make improvements to the trail.

Mark Withers, 3744 NE 187^th St., spoke in opposition to Ordinance 907. He said the trail is good for the city and reduces congestion on the highway. He said reducing the functionality of the Burke Gilman trail is bad public policy.

Kiest moved to suspend the rules and extend the public hearing to 10:15 p.m. Cmbr. Armanini seconded. The motion carried unanimously.

Robert Goodkin, 15312 Beach Drive NE, said he has heard the homeowners described as wealthy, selfish, terrible people. He said the homeowners want a place at the table in discussions involving improvements to the trail. He said the county does not care about the homeowners, and the cyclists don’t respect them.

Rory Crispin, P.O. Box 40443, Bellevue, spoke in favor of Ordinance 907 and said he applauds this council for trying to keep local control and making a uniform code for all trails.

Paul Calver, 20137 53^rd Ave NE, said he is afraid this legislation will have economic impacts that will affect the quality of life in Lake Forest Park. He asked the council to vote against Ordinance 907 and vote for the quality of life in Lake Forest Park.

Jim Rohr, 16273 38^th Avenue NE, stated he thought this ordinance was a joke and asked why would anyone consider doing something that would impair the use of the trail. He urged council to vote against Ordinance 907 and to consider their legacy as councilmembers.

Paul Kinderis, Kenmore resident and former Lake Forest Park resident, said he agrees with the residents who live along the trail that improvements need to be made. He asked council to do the right thing.

Owen Eaman, Woodinville resident and ride leader for Cascade Bike Club, said there is no safe way through Lake Forest Park for cyclists except on the Burke Gilman Trail. He urged council to vote against this ordinance.

There being no further comments, the public hearing on Ordinance 907 was closed at 10:18 p.m.

A five-minute break was taken at 10:18 p.m.

The meeting was resumed at 10:26 p.m.

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

Thompson moved to confirm Jonathan Glancy to serve on the Human Services Commission, Position 1, term ending 3/31/2007. Armanini seconded. The motion carried unanimously.

Thompson moved that Transportation Commission nominees Jeff Altman, Bruce Manger, John Wright and Jon Skamser be invited to the May 27, 2004 study session for confirmation review.

Thompson said it would not be necessary to interview former Cmbr. Peggy Gerdes for the Transportation Commission. However, he noted that council policy states that new commission members should appear before council prior to final confirmation.

Cmbrs. Herzog recommended that confirmation of Ms. Gerdes should be held over until the other nominees are scheduled for final confirmation. Armanini suggested inviting Ms. Gerdes to the study session also.

Armanini moved to adopt the consent calendar as follows:

1. April 22, 2004 Council Study Session Minutes
2. April 22, 2004 Regular Meeting Minutes
3. May 13, 2004 Finance Committee Report covering warrant nos. 45526 through 45619 in the amount of $424,411.68 drawn from the claims clearing fund and warrant nos. 26393 through 26479 in the amount of $205,367.73 drawn from the payroll clearing fund.

Thompson moved to advance Ordinance 906/Relating to Legal Nonconforming Signs to second reading calendar. Armanini seconded. The motion carried unanimously.

Thompson moved to advance Resolution 848/Adopt Grace Cole Nature Park Master Plan to second reading calendar. Armanini seconded. The motion carried unanimously.

Armanini moved to hold over the following items to the May 27, 2004 second reading calendar:

Ordinance 907/Relating to City’s Development Regulations for Trails

Ordinance 905/Relating to City’s Sign Regulations

Ordinance 906/Relating to Legal Nonconforming Signs

Resolution 848/Adopt Grace Cole Nature Park Master Plan

There being no objection, Thompson moved to proceed to the executive session next on the agenda. Armanini seconded. The motion carried unanimously.

City Administrator Haines said that the administration would withdraw the executive session regarding real estate matters from the agenda.

At 10:33 p.m., Hutchinson noted that the next item on the agenda is an executive session for discussion of personnel matters for approximately 20 minutes. Those not required to remain for the executive session exited the council chambers at this time.

A five-minute recess was called for at 10:34 p.m.

The meeting was resumed at 10:36 p.m.

The meeting was recessed to executive session at 10:37 p.m. for approximately 20 minutes for discussion of personnel matters.

The regular meeting was resumed at 10:49 p.m.

There being no objection, the meeting was adjourned at 10:50 p.m.

Susan Stine, City Clerk

David R. Hutchinson, Mayor

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