The Lake Forest Park City Council will not appeal a ruling by the state’s Growth Management Hearings Board over the Burke Gilman Trail. The unanimous decision Aug. 9 means a city ordinance will be modified to comply with the state’s Growth Management Act (GMA).
On July 23, the board determined that a city ordinance adopted in November 2006 and challenged by Cascade Bicycle Club and King County in January, did not comply with the state GMA. A decision on whether or not to appeal the board’s ruling was due this month.
“I don’t think anyone wants to delay improvements to the trail,” city administrator David Cline said. “An appeal would put that process behind.”
A council committee comprised of council members Tracy Donovan, Sandy Koppenol and Ed Sterner will work with Cline to revise the ordinance and bring it into compliance with the GMA. The committee is expected to begin meeting in either October or November. The Growth Management Hearings Board established Jan. 24 as the deadline for legislative action by the city. A record of meetings and materials used during the period of compliance is due to the board by Feb. 7.
“The task will be to figure out what are the reasonable conditions one can put on a trail,” Cline said.
The intent of the original ordinance was to ensure safety for all trail users, but board members ruled that parts of the ordinance relating to signage and other safety guidelines were “overly restrictive” according to Cline.
The decision to forego an appeal process was supported by the six council members in attendance during the Aug. 9 executive session.
“We collectively hashed out how we will proceed with this,” Councilman Donovan Tracy said.
Mayor Dave Hutchinson and Councilman Alan Kiest were excused prior to the meeting.
“(Mayor Hutchinson’s) recommendation was not to appeal and work toward a revised ordinance that’s not overly restrictive and meets the needs of all trail users,” Cline said.
A conditional use permit will remain in effect until a new ordinance is adopted. Public hearings will be scheduled throughout the process.
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