Councilmembers present: Donald MacGilvra, Alan Kiest, Peggy Gerdes, Carolyn Armanini, Dwight Thompson, Mary Jane Goss, Nate Herzog

Staff present: David R. Hutchinson, Mayor; Douglas Jacobson, City Administrator; Michael Ruark, City Attorney; John Rogers, Police Chief; Sarah Phillips, Government and Community Relations Coordinator; Susan Stine, City Clerk; Evelyn Jahed, Deputy City Clerk

Others present: Five visitors

CALL TO ORDER

Mayor Hutchinson called the regular meeting to order at 7:33 p.m.

CHANGES TO AGENDA

Hutchinson requested that Ordinance 798/Repealing Ordinance 792 Regarding Speed Limit on Burke Gilman Trail be taken out of order and be placed before the consent calendar.

Cmbr. Armanini requested that the five-year budget projections be added under new business.

Hutchinson said that he would like to add discussion of Initiative 695 and utility tax under new business.

Hutchinson said he would like to add an executive session to discuss real estate matters for approximately 15 minutes at the end of the meeting.

REPORTS

Hutchinson reported on the regional wastewater treatment plan, his attendance at the Shoreline School District assembly and Suburban Cities Association meeting

Cmbr. Kiest noted that the recent Suburban Cities Association newsletter included an editorial piece not authorized by its president or board.

Hutchinson noted that an open house is scheduled on September 14 to discuss city hall options. He said that there will be a public hearing on Initiative 695 on September 16, 1999 prior to the regular council study session.

Kiest discussed an internet web site called "Access Washington" and requested that the administration develop a page for this site on Y2K compliance for the City of Lake Forest Park.

Armanini announced that Fire Chief Fred Baker of the Northshore Fire Department will be retiring at the end of January.

Kiest shared various newspaper articles discussing light rail, water quality and other items of interest and asked that copies be shared with council.

Chief Rogers reported on Officer Mike Dayton's role in the recent purchase of bicycles from Costco for use on patrol of the Burke Gilman Trail. Costco donated one bicycle and sold a second bicycle at half-price to the city for the department's bicycle patrol. He reported that no burglaries were reported during the month of August. Rogers discussed the recent mail theft that occurred in Lake Forest Park and noted that the thieves were captured with the help of local residents.

In response to a question from Kiest, Rogers discussed enforcement strategies that could be used with respect to repeat violations by entertainers and managers at Déjà Vu.

CONSENT CALENDAR

MacGilvra moved for the adoption of the consent calendar as follows:

1. August 19, 1999 Council Study Session Minutes
   
2. September 9, 1999 Finance Committee Report covering Warrants Nos. 35998 through 36055 drawn from the Claims Clearing Fund in the amount of $61,451.16 and Warrants No. 17774 through 17852 drawn from the Payroll Clearing Fund in the amount of $135,697.01.
3. Resolution 565/Cancelling Council Regular and Study Session Meetings and Establishing Dates for Special Meetings for November 1999.

Goss seconded. The motion to approve the consent calendar carried unanimously.

SECOND READING CALENDAR
• Ordinance 798/Repealing Ordinance 792 Regarding Speed Limit on Burke Gilman Trail

Carol Hague, 15028 Beach Drive NE
Dean Peterson, 15034 Beach Drive NE

Peterson discussed the various types of users on the Burke Gilman Trail that included bikers, young people with families and recreational bikers. He noted the different speed for each group of users and said that signs are being ignored along the trail. He said where he lives is one of the most dangerous areas for bikers and discussed several incidents involving accidents on the trail. Peterson discussed results of his survey of trail users.

Armanini commented that council had requested for a draft ordinance mirroring the King County ordinance for use of the Burke Gilman trail.

Hague said her understanding was that King County had a 15mph speed limit on the Burke Gilman Trail. She said that she crosses the trail daily to get from her house to her garage, and she said that bicyclists have little regard for the traffic signs or other trail users.

In response to a question from MacGilvra, Peterson suggested physical barriers to slow down the cyclists at intersections.

Hague indicated that bike patrols were needed and said that the trail is for pedestrians also.

In response to a question from Peterson, Cmbr. Thompson said the city received several complaints by citizens regarding improper use of the trail. It was determined that the city needed to adopt an ordinance regarding use of the trail.

Cmbr. Gerdes noted that a meeting with Phil Miller, senior consultant with Alta Transportation Consulting, has been scheduled to discuss solutions to some of the problems regarding use of the trail.

Bill Moritz, 16901 105th NE, Bothell, said that an educational program regarding use of the trail should be part of the plan. With regard to the proposed ordinance, he said the language in Ordinance 792 without the reference to a 15 mph speed limit would be appropriate. He noted that the location of stop signs should be carefully considered. He noted that the penalty for infractions was substantially increased in the proposed ordinance.

A five-minute recess was called for at 8:46 p.m.

The regular meeting was resumed at 8:57 p.m.

FIRST READING CALENDAR
• Ordinance 793/Repealing LFPMC Chapter 2.44 Relating to Holidays and Leaves

Armanini moved to advance Ordinance 793/Repealing LFPMC 244 Relating to Holidays and Leaves to the September 23, 1999 regular council meeting second reading calendar.

MacGilvra seconded. The motion carried unanimously.

• Ordinance 796/Relating to Powers and Duties of City Administrator

Armanini moved to advance Ordinance 796/Relating to Powers and Duties of City Administrator to the September 23, 1999 regular council meeting second reading calendar.

MacGilvra seconded. The motion carried unanimously.

• Ordinance 791/Non-represented Employee Vacation Schedule

Jacobson explained that if council adopts Ordinance 793/ Repealing LFPMC Chapter 2.44 Relating to Holidays and Leaves, there will be no need to adopt Ordinance 791/Non-represented Employee Vacation Schedule.

SECOND READING CALENDAR
• Resolution 561/Employee Handbook

Armanini moved to advance Resolution 561/Employee Handbook to the regular council meeting on September 23, 1999 second reading calendar. Goss seconded. The motion carried unanimously.

• Ordinance 788/Relating to Non-Conforming Signs and Providing for Amortization

Armanini moved to keep Ordinance 788/Relating to Non-Conforming Signs and Providing for Amortization on the September 23, 1999 second reading calendar.

MacGilvra seconded.

Armanini asked for an update on the status of this ordinance and said she would like to see this process expedited.

Hutchinson said a draft proposal has been submitted to the Planning Commission from the Economic Development Committee, and it will be scheduled for an upcoming Planning Commission agenda.

Thompson requested that recommendations regarding this ordinance be submitted to the council by November 1999.

The maker and seconder withdrew the motion.

Thompson moved that the city council request the Planning Commission to take action on any proposed revisions to the sign ordinance and to report back to council no later than November 15, 1999.

Armanini seconded. The motion carried unanimously.

Armanini moved to hold Ordinance 788/Relating to Non-Conforming Signs and Providing for Amortization for second reading for no later than the November 18, 1999 council agenda.

Thompson seconded. The motion carried unanimously.

• Ordinance 790/1999 Budget Amendments

Armanini moved to schedule a discussion of Ordinance 790/1999 Budget Amendments at the September 16, 1999 study session.

MacGilvra seconded. The motion carried unanimously.

• Ordinance 794/Prohibiting Possession of Firearms in City Hall in Municipal Courtroom

Armanini moved to advance Ordinance 794/Prohibiting Possession of Firearms in City Hall in Municipal Courtroom to final action calendar.

Gerdes seconded.

In response to a question from Thompson, Ruark said that this ordinance has been revised and deletes all references to city hall due to restrictions under state law.

Gerdes commented that she has been working with State Senator Darlene Fairley to propose changes to state law and will continue to pursue this issue with her.

The motion carried unanimously.

• Ordinance 798/Repealing Ordinance 792 Regarding Speed Limit on Burke Gilman Trail

Armanini said she is motivated to adopt interim rules for use of the trail and would like these rules to match the current King County regulations. She said she would like to see a new section inserted in Ordinance 798 to include the "Model Trail User Code of Conduct" that is in the King County Ordinance Section 7.12.295 in its entirety and tailored to the entity of Lake Forest Park.

Thompson moved to accept the second version of Ordinance 798/Repealing Ordinance No. 792 and Adopting Interim Rules for Use of the Burke GilmanTrail containing Sections 1, 2 and 3.

Armanini seconded.

Kiest said that the testimony has emphasized the diverse community of trail users. He said it looks like the speed limit should be 18 mph, but he questioned the effect on neighboring cities if Lake Forest Park established an 18mph speed limit. Armanini said she appreciated Peterson's time in doing the survey and said she concurred with Cmbr. Kiest's remarks.

Armanini thanked Diane Yates, legislative aide to Metropolitan King County Councilmember Maggi Fimia, for introducing Phil Miller, an expert on the Burke Gilman Trail formerly employed by King County Parks.

Gerdes noted that SR 522 improvement plans will include a bicycle path if funding becomes available.

Goss expressed her concern regarding the 15mph and 18mph speed limits. She noted that Lake Forest Park is a unique community, and the wishes of those who live along the trail should be honored.

MacGilvra recommended that a task force be established to study the issues related to trail use. He noted that the city cannot solve these problems alone and must work with others for an acceptable solution.

The motion carried unanimously.

Thompson moved to amend Ordinance 798 as follows:

Section 2. Pending adoption of final rules for the use of the Burke Gilman Trail, the following interim rules and regulations shall apply to the Burke Gilman Trail.

Trail use

1. No person shall travel on a trail at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with others who are complying with the law and using reasonable care.

2. No person shall travel on a trail in a negligent manner. For the purposes of this section, "travel on a trail in a negligent manner" shall be construed to mean any form of travel on a trail in such a manner as to endanger or be likely to endanger any persons or property.

3. For the purposes of this section, "travel" shall be construed to include all forms of movement or transportation on a trail, including but not limited to foot, bicycle, horse, skateboard, and roller skates.

4. Every person traveling on a trail shall obey the instructions of any official traffic control device applicable thereto placed in accordance with applicable laws unless otherwise directed by a police officer.

1. No person shall travel on a trail at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with others who are complying with the law and using reasonable care. Travel at speeds in excess of 15 miles per hour shall constitute in evidence a prima facie presumption that the person violated this section.

2. No person shall travel on a trail in a negligent manner. For the purposes of this section "travel on a trail in a negligent manner" shall be construed to mean any form of travel on a trail in such a manner as to endanger or be likely to endanger any persons or property.

3. For the purposes of this section "travel" shall be construed to include all forms of movement or transportation on a trail, including but not limited to foot, bicycle, horse, skateboard, and roller skates.

4. Every person traveling on a trail shall obey the instructions of any official traffic control device applicable thereto placed in accordance with applicable laws unless otherwise directed by a police officer.

5. No motorized vehicles shall be allowed on King County trails. For the purposes of this section "motorized vehicles" means any form of transportation powered by an internal combustion or electric motor. This includes but is not limited to automobiles, golf carts, mopeds, motor scooters, and motorcycles. This section shall not apply to wheelchairs powered by electric motors, or authorized maintenance, police or emergency vehicles.

6. Regional trails, local trail corridors, and paved pathways are open to all non-motorized users unless otherwise designated and posted. Pedestrians, bicyclists and equestrians are permitted on all maintained soft surface trails unless otherwise posted and designated. Trail restrictions may be posted at park entrances, trailheads or, in some cases, on individual trails. Trail use designations will be based on the park master plan, resource conservation, trail user conflicts, maintenance issues, and safety hazards.
7. Every person who shall use or travel on a trail shall obey the Model Trail User Code of Conduct.
   Model Trail User Code of Conduct
   1. USING A TRAIL. Every person using a trail shall stay as near to the right side of the trail as is safe, excepting those movements necessary to prepare to make or make turning movements, or while overtaking and passing another user moving in the same direction.

   2. REGARD FOR OTHER TRAIL USERS. Every user shall exercise due care and caution to avoid colliding with any other trail user.. All users shall travel in a consistent and predictable manner.

   3. GROUPS ON TRAIL. No group of trail users, including their animal(s), shall occupy more than one half of the trail as measured from the right side, so as to impede the normal and reasonable movement of trail users.

   4. AUDIBLE SIGNAL WHEN PASSING. Every user shall give an audible warning signal before passing another trail user. The signal must be produced in such a manner as to allow adequate time for response. The signal may be given by voice, bell or horn.

   5. OVERTAKING TRAIL USERS ON THE LEFT. Any trail user overtaking another trail user proceeding in the same direction shall pass to the left of such overtaken user at a safe distance, and shall stay to the left until safely clear of the overtaken user.

   6. ENTERING AND CROSSING TRAIL. Trail users entering or crossing the trail at uncontrolled points shall yield to traffic on the trail.

   7. LIGHTS ON TRAIL USERS. All bicyclists using the trail from one-half hour before sunset to one-half hour before sunrise shall equip their bicycles with a headlight visible 500 feet to the front, and a red or amber light visible 500 feet to the rear.

   8. REGARD FOR EQUESTRIAN USERS ON TRAIL. Trail users shall exercise extreme caution to prevent frightening horses with sudden noise or movement and shall always yield right of way to horses and warn equestrian users when approaching from behind and attempting to pass.

   9. REGARD FOR ADJACENT PROPERTY OWNERS. Trail users should respect private lands adjacent to county trails and should stay on trails to avoid trespassing or interfering with adjacent private property."

Armanini seconded. The motion carried unanimously.

In response to several questions from councilmembers, Ruark discussed monetary amounts for infractions.

Thompson said the city must look at this facility and its intended use. He said the trail was intended to be a multi-use facility. Thompson said adoption of the ordinance will simplify enforcement for the police department.

Goss noted the reference made in the King County ordinance on page 4, section 3, with respect to the hearing impaired and asked if reference to signage for this purpose could be included in the ordinance.

Ruark discussed language in the proposed ordinance regarding speed in excess of 15 mph and noted that citations would indicate negligent use of the trail.

Thompson requested that the city's grants coordinator apply for a small grant for appropriate signage on the trail.

FINAL ACTION CALENDAR
• Ordinance 794/Prohibiting Possession of Firearms in Municipal Courtroom

Armanini moved to adopt Ordinance 794/Prohibiting Possession of Firearms in Municipal Courtroom. MacGilvra seconded. The motion to adopt carried unanimously.

NEW BUSINESS
• Five-Year Projections

Armanini referred to legislative salaries in the five-year projections and requested a correction to show that salary amounts are fixed by ordinance. She also said that the year 2000 projection for library expenditures mistakenly does not include rent payments.

In response to a question from Jacobson, Armanini discussed her recollection of discussions with the library district prior to the vote on annexation to the library district. She requested that the administration review the terms of the contract. Initiative 695 and Utility Tax

Hutchinson said he has drafted a letter to management staff implementing a freeze on several types of expenditures in anticipation of voter approval of Initiative 695.

Jacobson said the most consistent legal opinion he has heard indicates that ordinances or resolutions regarding fee increases must be in place prior to very early December if I-695 is approved. He noted that a 60-day notice to utility providers is required when establishing or changing utility tax. Jacobson said the city must have a utility tax ordinance in place by the 1st of October, 1999, to be effective in 2000.

Armanini noted that she had requested that the administration pursue assignment of a zip code specifically for Lake Forest Park. This would ensure that a utility tax could be applied to customer lists by utility companies.

In response to a question from MacGilvra, Jacobson noted that any rate increase after the first of the year will be subject to a vote.

Kiest said that he supports and commends the Mayor for drafting the letter to management freezing certain expenditures. Kiest said he supports prudent action now.

Jacobson discussed to what degree the City of Lake Forest Park will downsize. He discussed potential cuts and other revenue sources.

Gerdes asked that information regarding I-695 be shared with the candidates on the November ballot.

Thompson said the issue is that people do not understand what the effect will be of this initiative. He said that information has not been clearly presented so that voters make the connection between local services and the state fee. He said that voters may view I-695 as lowering taxes rather than downsizing government.

Armanini said that larger cities can withstand the impact if I-695 is approved, but the city of Lake Forest Park will be hit hard. She felt that this is a very challenging issue to get across and that we need to be very careful in discussions of potential budget cuts.

Kiest discussed the evolution of the motor vehicle excise tax (MVET) and the potential of returning to a personal property tax. Discussion followed on what rules might apply to the personal property tax.

Ruark noted that the state programs will also be hurt if I-695 is approved. He discussed the impact on ballot issues and the cost of elections.

MacGilvra said information regarding I-695 should be provided in the Town Crier, and he hoped that an estimate of the potential costs for the city could be included.

Herzog said all councilmembers agree on the negative ramifications of the initiative, but he disagrees with the approach the council is considering. He said if the city's strategy is simply to raise every tax or fee now, then he believes this approach will ensure passage of the initiative by an overwhelming majority. He said that the city should request funds from the state's surplus, or the city could go to the voters in January 2000 and present a ballot measure for their approval.

Kiest recommended that the city adopt two budgets for the year 2000. Kiest said the city's most precious resource other than its volunteers is its staff. If lay-offs are necessary, it will be difficult to replace staff if voters later approved funding.

Thompson said what he doesn't hear citizens saying is the level of service that is provided to them and that this is a business and that personnel is very important. He felt that the council has a responsibility to do what is right to keep the level of service that we currently have in our city.

Goss said that she believes that staff will experience stress related to the potential impacts of I-695, and the impacts will be difficult to live with, if the initiative is approved by voters.

Hutchinson said the next item on the agenda is an executive session to discuss real estate matters for approximately 45 minutes. Those not required to remain for the executive session exited the Council chambers at this time.

A recess was called for at 10:53 p.m.

The meeting was resumed at 11:05 p.m.

EXECUTIVE SESSION
Real Estate Matters

The meeting was recessed to executive session at 11:06 p.m. for approximately 45 minutes for discussion of real estate matters.

The meeting was resumed at 12:01 a.m.

SCHEDULE

Councilmembers agreed to meet in executive session at 6 p.m. on September 16, 1999 for discussion of real estate matters for approximately one hour. This will precede the regularly scheduled council study session. Dinner will be provided.

ADJOURNMENT

There being no objection, the meeting was adjourned at 12:03 a.m.

APPROVED:

Regular Council Meeting
September 9, 1999

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