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

Staff present: David R. Hutchinson, Mayor; Karen Haines, City Administrator; Michael Ruark, City Attorney, Dennis Peterson, Police Chief; Sarah Phillips, Government & Community Relations Manager, Tema Nesoff, Human Services and Parks Administrator; Susan Stine, City Clerk

Others present: 47 visitors

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

Cmbr. Herzog led council in the pledge of allegiance.

Hutchinson opened the public hearing on Ordinance 905/Relating to City’s Regulations and Ordinance 906/Relating to Legal Nonconforming Signs at 7:35 p.m. He briefly described the process and ground rules for public testimony.

Hillary Howarth, owner of Lake Forest Park Curves, Towne Centre, spoke in support of the proposed sign ordinances. Howarth also noted that some businesses in the mall are not allowed to have exterior signage and expressed her support for an amendment allowing signage for those businesses.

Tony Del Mastro, Lake City Elks Lodge, membership chairman, discussed signage on the Elks property and spoke in support of the proposed ordinances.

Jeff Weissman, owner of Great Harvest Bread, said that he recently heard that Joann Fabrics would be leaving the Towne Centre. He said signage is very important to the success of small businesses and asked the council to consider economic impacts of the current sign regulations.

Teri Howatt, 5123 NE 187^th Street, said that the success of Third Place Commons depends on the support of strong merchants. She encouraged creative solutions and sign regulations that address the needs of the merchants.

Bruce Lazenby, Acacia Memorial Park, 14951 Bothell Way NE, said that Acacia is interested in updating its signage for business as well as safety reasons. He noted the company’s interest in a discussion of signage regulations.

Brett Chittum, Allstate Insurance owner, urged council to amend the signage regulations to allow signage for his business and other businesses inside the mall.

Janiece Hoggatt, Stylemasters Salon, spoke in favor of allowing signage for businesses located inside the mall. She urged the council to consider the small business owners in the mall and to give them a chance to become an economic asset to the city.

Don MacGilvra, 4909 NE 182^nd, urged council to reject proposed Ordinance 906 and expressed his concern regarding the lack of enforcement of the current sign regulations.

Karim Khaki, Subway, Towne Centre, said that many people are not aware of his business even though Subway has been in the same location for 11 years. He spoke in support of better signage options for mall businesses, especially those inside the mall.

Roger Loschen, 3742 NE 187^th St., noted we should preserve the natural environment that we enjoy today. He spoke in support of current sign regulations and urged the council to retain the sign amortization requirement.

Gary Lamoureux, Everyday Eats, expressed his concern regarding current sign regulations and his support for signage options for businesses located inside the mall.

Marilyn Jones, P.O. Box 643, Snohomish, said she owns the Sheridan Market on 155^th and Bothell Way and expressed her support for amendments to sign regulations that would allow her to retain her nonconforming signs.

Henry Reed, 18438 47^th Place NE, spoke against changes to the current sign regulations. He noted that the proposed amendments to the sign regulations conflict with the vision statement in the draft comprehensive plan.

Tim Riggins, 14310 25^th Avenue NE, Thorton Creek owner, expressed his concern regarding current sign restrictions for businesses located inside the mall and urged the council to consider amendments to allow signage for those businesses.

Carol Dahl, 14828-39^th Avenue NE, said she is concerned about the health and strength of our local businesses. She said that the city needs a strong economic base and that signage is important to keep these businesses in the towne centre.

There being no further comments, the public hearing was closed at 8:10 p.m.

Hutchinson noted former Lake Forest Park Mayor James Hunt passed away on May 24, 2004 and extended his sympathy to the Hunt family.

He noted Joann Fabrics will be closing in the mall and noted he continues to be involved on the issue of streamlining sales tax. He reported on other items of interest to council.

Cmbr. Thompson moved to pull from the consent calendar the May 13, 2004 Council Regular Meeting Minutes and to place this on the June 10, 2004 consent calendar and to pull item 5, Authorize to Hire for Police Department Records Clerk Position and place it on the second reading calendar. Cmbr. Herzog seconded. The motion carried unanimously.

Cmbr. Armanini requested to add under new topics for discussion renegotiation or new bid process for the solid waste contract

Hutchinson requested to take out of order second reading calendar item 4, Resolution 848/Adopt Grace Cole Nature Park Master Plan as the first item on second reading.

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

Hutchinson noted that written comments are requested from those who testified at the May 13, 2004 public hearing on Ordinance 907.

Carol Dahl, 14828 39^th Avenue NE, said she is here on behalf of the Lake Forest Park Stewardship Foundation and spoke in support of the environmental protection for wetlands, streams and their buffers included in the proposed Ordinance 907 amendments.

Donovan Tracy, 15044 Beach Drive NE, expressed his concern regarding the mayor’s memorandum to the city council to set aside Ordinance 907 and to work with King County on making improvements to the trail. He noted that he has been disappointed with King County based on previous actions and reminded the council of the impact that Mercer Island residents had on the I-90 project. (Council amendment 6/10/2004)

Don MacGilvra, 4909 NE 182^nd , encouraged business owners to review the proposed ordinances and noted that most of their concerns are addressed in Ordinance 905.

A five-minute recess was taken at 8:25 p.m.

The meeting was resumed at 8:40 p.m.

Thompson moved to confirm Don Fiene to serve on the Environmental Quality Commission, position 9, term ending 3/31/2006. Cmbr. Goss seconded. The motion carried unanimously.

Goss moved to confirm Marjorie Ando to serve on the Planning Commission, position 2, term ending 3/31/2007. Cmbr. Sterner seconded.

Armanini stated she would vote against confirming Ms. Ando to serve on the Planning Commission. She noted her disappointment that the mayor has not considered geographic balance in his appointment of commissioners as encouraged by the council.

Goss noted that Ballou Haven is a unique neighborhood and worthy of representation on the commission. She spoke in favor of the appointment of Ms. Ando to the Planning Commission.

Hutchinson noted that several criteria are considered in the nomination process. He expressed his interest in appointing more women to the commission and in ensuring a balance of professionals and laypersons on the commission.

Cmbr. Herzog noted while he finds Ms. Ando qualified, he said he will vote against confirmation because of his support for geographic diversity.

Thompson said he does not believe that Ms. Ando’s qualifications overwhelm the need for geographic diversity and will also vote against confirmation.

Olstad said although there seems to be some confusion regarding Ms. Ando’s neighborhood, he would vote against confirmation in consideration of geographic diversity.

Goss moved to confirm Linda Hames to serve on the Transportation Commission, Position 8, term ending 3/31/2006. Armanini seconded. The motion carried unanimously.

Thompson moved to approve the consent calendar as follows:

1. May 13, 2004 Council Study Session Minutes
2. May 27, 2004 Finance Committee Report covering warrant nos. 45620 through 45701 in the amount of $109,485.22 drawn from the claims clearing fund and warrant nos. 26480 through 26554 in the amount of $140,936.64 drawn from the payroll clearing fund. An automatic withdrawal was taken from the checking account in the amount of $740.63 for monthly bank service fees.
3. Authorization to Hire for Public Works Maintenance Worker Position

In response to a question from Cmbr. Kiest, Thompson noted that he pulled the May 13, 2004 regular meeting minutes for further discussion with other councilmembers and possible amendments.

Parks Administrator Tema Nesoff briefly described the development process of the master plan for the Grace Cole Nature Park.

Armanini moved to adopt Resolution 848/Adopt Grace Cole Nature Park Master Plan. Kiest seconded.

Councilmembers commended Nesoff for her staff work, noted the expertise of Steve Worthy of Worthy & Associates, and expressed their appreciation for the involvement of the community in the process.

Cmbr. Olstad expressed his concern regarding the proposed ordinance and his support for working with the county to reach a satisfactory solution for all interested parties regarding the Burke Gilman Trail. He said that serious questions must be answered including traffic signaling options, pervious materials, and separation of trail users. He expressed his concern regarding potential litigation as a possible outcome of the ordinance as proposed and said that he would not support the proposed ordinance as written.

Cmbr. Sterner expressed his support for Cmbr. Olstad’s concerns and suggested tabling this ordinance to a date certain and proposed the July 22, 2004 council meeting. He noted that he has questions regarding impervious and pervious surface materials, lighting options and costs, and right-of-way issues.

Cmbr. Thompson noted that the proposed ordinance addresses two areas of the municipal code. Regarding environmental protection, Thompson said that the Burke Gilman Trail should not be the only property exempted from the city’s sensitive areas regulations. Thompson agreed with Olstad’s concern regarding the proposed amendment to the conditional use process. He spoke against tabling and favored continuing to work on the proposed ordinance. He also agreed that safety issues regarding the trail must be addressed.

Cmbr. Kiest stated he was very disappointed with the comments of Metropolitan King County Councilmember Carolyn Edmonds at the May 13, 2004 public hearing. He noted that the city was incorporated because the County would not listen to the citizens of this community, and he reminded council of a previous trail plan that was dropped due to the objection of a minority of residents. He noted the example of Mercer Island’s long fight regarding the I-90 corridor and that a win-win was the hard-fought result. He said that key to this process is to let go of the paradigm that assumes the superiority of one level of government. He suggested developing a work plan to tease out the various issues related to the trail and knit together the legitimate needs of the majority and the minority.

Armanini said that cities exist for local control of issues of land use and public safety, and the Burke Gilman Trail embodies both issues. She said she wants a safer and well-maintained trail, and the county has neglected its responsibility regarding proper maintenance. Armanini said that she did not appreciate the threats from Metropolitan King County Councilmember Edmonds. She suggested amendments to the ordinance and urged its immediate passage because of her concern regarding a possible end-run by the County.

In response to questions from Cmbr. Goss, City Attorney Mike Ruark noted the city’s authority regarding environmental regulations and said that the ordinance as proposed is legally defensible.

Goss expressed her concern regarding the difficulty of getting information regarding the Burke Gilman Trail from the county and said that she did not appreciate the treatment she had received from county officials. Goss expressed her concern that a bicycle club is attempting to get as much as possible from the county regarding trail improvements for their benefit. She said that the council would stand up to the county regarding the trail if the mayor is not willing.

Herzog stated the biggest issue regarding the Burke Gilman Trail is safety, and he believes that safety and the proposal regarding the conditional use process should be the council’s concerns rather than the proposal to amend the environmentally sensitive areas regulations. He spoke against tabling the proposed ordinance.

Hutchinson said that he proposed a memorandum of agreement between the city and county because he wants to ensure that the city has a seat at the table regarding the Burke Gilman Trail. He noted that the redevelopment study is not completed and encouraged the council to consider a memorandum of agreement as a means of establishing a working relationship with the county regarding the Trail.

A ten-minute recess was taken at 10:25 p.m.

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

Thompson moved to suspend the rules, to create Ordinance 909 with its proper legal title, to include section 3 of proposed Ordinance 907 and to add a duplicate section 4 on Ordinance 909, to renumber the sections, and to place Ordinance 909 on first reading calendar. Armanini seconded. The motion carried unanimously.

Thompson moved to advance Ordinance 909 to the second reading calendar. Armanini seconded. The motion carried unanimously.

Thompson moved to amend Ordinance 907 as follows, to amend the ordinance title and to renumber the sections:

Page 1, line 43 thru page 3, line 16:

18.54.48    Public and private community facilities.

The following public and private facilities may be allowed as a conditional use in a residential zoning district. In granting such conditional use, the board of adjustment, or hearing examiner as appropriate, is authorized to attach such conditions as, but not limited to, the following: limitation of size, location on property and screening.

1. Recreational facilities, and community noncommercial facilities, including clubhouse facilities, provided:
1. Any building or structure on the site shall maintain a distance not less than 25 feet from any abutting RS or RM classified property;
2. The site shall be located upon, or have adequate access to a public thoroughfare;
3. For any multi-use or multi-purpose trail facility:
1. The trail facility must be designed in a manner that limits or mitigates conflicts between the different types of uses of the trail, such as safe separation or provision for different user areas, design features to control and limit user speeds, and appropriate signage.
2. An at-grade crossing with a vehicular roadway or driveway shall be allowed only where there is no other practicable alternative, and unavoidable at-grade crossings shall include reasonable provisions to limit or mitigate trail user and vehicular roadway or driveway user conflicts;
2. Private clubs and fraternal societies, except those the chief activity of which is a service customarily carried on as a business, provided all buildings and structures shall maintain a distance not less than 20 feet from any lot in an R zone;
3. Churches.
1. All buildings and structures on the site shall not cover more than 40 percent of the area of the site;
2. Buildings and structures on the site shall not be closer than 30 feet to any property line, except that a detached one-family dwelling on such site need conform only to the yard requirements and required distance between buildings as prescribed for residences by this chaptertitle;
3. The height limits of the RS classification shall apply, except that the height shall be measured to the mean height of the roof;
4. On interior lots, the required side yards may be used to provide off-street parking areas and on corner lots the interior side yards may be similarly used. Under no circumstances may the required front yard or the side yard on the side street be used for off-street parking;
5. Church sites shall abut and be accessible from at least one public street having two moving traffic lanes and a dedicated width that will permit not less than a 36-foot roadway;
4. Government and municipal buildings and uses, including courts and police stations, fire stations, and utilities;
5. Libraries;
6. Instructional Institution.
1. No less than the following minimum site areas shall be provided:
1. For elementary schools, five acres,
2. For junior high schools, 10 acres,
3. For senior high schools, 15 acres;
2. All buildings and structures shall maintain a distance not less than 30 feet from any property line;
3. All buildings, including accessory buildings and structures, shall not cover more than 40 percent of the area of the site;
7. Cemeteries.
1. No building shall be located closer than 100 feet from any boundary line;
2. A protective fence and a landscaped strip of evergreen trees and shrubs at least 10 feet in width shall be installed on all common boundary lines with an RS or RM zoned property;
3. Columbariums, crematories, and mausoleums are specifically excluded from all RS and RM zones unless they are located inside a cemetery.

In response to questions from councilmembers, Ruark discussed issues related to the effect of the proposed ordinance as amended on potential trail improvements.

Kiest spoke in favor of the proposed ordinance as amended and noted his support of the original environmentally sensitive areas ordinance.

Armanini noted that she served on the Environmental Quality Commission when the commission developed a sensitive areas ordinance for council adoption, and she explained that the reason for the original language related to the Burke Gilman Trail was due simply to its existence at the time that the ordinance was developed.

At 11 p.m., Thompson moved to extend the meeting to 11:30 p.m. Kiest seconded. The motion carried unanimously.

Thompson noted the limits of the proposed ordinance and said it should send a clear message to the county that the city is prepared to go to the mat to get the best trail.

Olstad noted that he still has concerns regarding the potential use of pervious materials and will not support the proposed ordinance.

Sterner expressed his concerns regarding the proposed ordinance and said he will not support this ordinance as amended.

Kiest expressed his support for the proposed ordinance and noted that the same regulations should apply to all trails in the city.

After further discussion, Thompson moved to advance Ordinance 907/Relating to the City’s Development Regulations for Trails to final action calendar. Armanini seconded.

Herzog moved to amend Ordinance 907 as follows:

Page 1, line 17 and Line 27 as follows:

"1.   The trail surface is not made of porous impervious materials…"

"1.   The trail surface is not made of porous impervious materials…"

After further discussion, the maker and seconder withdrew the motion to amend.

Armanini moved to suspend the rules, to advance to the final action calendar and to take Ordinance 907 out of order. Thompson seconded. The motion carried 6-1 (Aye—Olstad, Goss, Armanini, Kiest, Thompson, Herzog; Nay—Sterner).

Goss moved to adopt Ordinance 907/Relating to City’s Development Regulations for Trails. Armanini seconded.

Herzog noted that his interest is more with safety on the trail and said that he would vote against Ordinance 907.

After further discussion, Sterner said that he would vote against Ordinance 907.

Olstad noted that the proposed ordinance is missing the central issue which is safety as Herzog stated, and he would vote against Ordinance 907.

Thompson expressed his support for the ordinance and noted that the county needs to understand that the council does not lack will regarding this matter.

At 11:30 p.m., Thompson moved to extend the meeting 10 minutes. There being no objection, the motion carried unanimously.

Armanini moved to hold over Ordinance 905/Relating to City’s Sign Regulations and

Ordinance 906/Relating to Legal Nonconforming Signs to the second reading calendar at the June 10, 2004 regular council meeting. Thompson seconded. The motion carried unanimously.

In response to a question from Thompson, Chief of Police Dennis Peterson discussed the impact on workload and the volume of reports that must be added to the records. He also noted the impact on hours of operation if the department had only one records clerk.

Thompson moved authorization to hire for the police department records clerk position. Kiest seconded. The motion carried unanimously.

Armanini expressed her concern regarding staff work on renewal of the solid waste contract with Rabanco. She noted that policy issues must be addressed prior to development of a new contract with the current hauler.

Kiest noted his interest in a position paper including information from the city of Bellevue regarding its experience with Rabanco and an analysis of other service providers prior to drafting a new contract.

City Administrator Karen Haines noted that current staff work does not preclude a competitive bid process.

In response to questions from council, Community and Government Affairs Manager Sarah Phillips noted a proposal would be presented to council for review.

Cmbr. Herzog moved to authorize Cmbr. Olstad to represent the city in a meeting of northend cities to discuss watershed issues. Thompson seconded. The motion carried unanimously.

There being no objection, the meeting was adjourned at 11:43 p.m.

Susan Stine, City Clerk

David R. Hutchinson, Mayor

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