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; Rosemary Larson, Assistant City Attorney; Scott Drown, Administrative Police Sergeant; Frank Zenk, Director of Public Services; Sarah Phillips, Government & Community Relations Coordinator; Susan Stine, City Clerk; Evelyn Jahed, Deputy City Clerk
Others present: Six visitors
CALL TO ORDER
• Mayor Hutchinson called the regular meeting to order at 7:30 p.m.
CHANGES TO AGENDA
City Administrator Jacobson requested that Item 4/Authorize Mayor to Sign/Agreement for Due Diligence Study be deleted from the consent calendar.
• PRESENTATION
Mary Akins and Shirley Fullerton/25th Anniversary City
Quilt
Mayor Hutchinson introduced Mary Akins, 18476 47th Pl. NE, and Shirley Fullerton, 18402 47th Pl. NE who presented the city with a quilt made by several long time residents of Lake Forest Park. She gave a brief history on how the idea of putting together this quilt came about and asked that the city preserve the quilt and display it at city hall.
Mayor Hutchinson recognized Annabelle Bush, a former resident, for her part on the quilt project.
• PUBLIC COMMENTS
• Ordinance 795/Sanitary Sewer Connection
Charges
Cmbr. Kiest requested that public comments on the sewer connection charges be taken later to accommodate a citizen who planned to return to the meeting for this purpose.
• Changes in SR 522 Transit Lane Usage
Franco Fernandes, King County Transit and Hicham Chatila, The Transpo Group, gave a brief presentation on the results of the traffic study conducted on SR 522 and discussed the noise analysis and traffic signal priority (TSP). The City of Lake Forest Park is being asked to approve a modification in the time restriction on the outbound transit-only use lane to allow 24-hour transit-only use.
Cmbr. Armanini said she has some concerns regarding the effect of transit signal priority on the intersection with SR 104. She requested that the noise analysis include properties on the high side of Bothell Way also. She noted that the report was difficult to understand.
In response to a question from Cmbr. Gerdes, Chatila discussed what other cities and counties are doing with respect to transit only lanes in their jurisdictions.
Cmbr. Kiest said he is interested in knowing if the noise difference can be perceived at nearby residences. He asked the administration for a copy of an earlier noise analysis done for the city for comparison.
Cmbr. Goss expressed her concerns regarding the 40 seconds in time savings per bus. She questioned the value of time saved in exchange for citizens of the city. Goss also noted that incorrect speed limits were used in the report. (Council approved 11/04/99)
Cmbr. MacGilvra said the report was based on too little research. He noted that the transit lane was built at high cost, and their comments indicate that only seconds are being saved.
In response to a question from Cmbr. Herzog, Jacobson said that the multimodal study on SR 522 concluded that opening the lane to high-occupancy vehicles is not feasible because the lane would become jammed.
Betsy Feasel, 17561 Bothell Way NE, asked which houses were tested for the noise analysis and Chatila noted that the homes tested were along the lake side of Bothell Way.
Steve Plusch, 4731 NE 201st Pl., asked for information on the margin of error for the model, and whether a peak noise level were identified and if it had been exceeded when these measurements were made.
• PUBLIC COMMENTS
• Ordinance 795/Sanitary Sewer Connection Charges
Richard Goodloe, 17025 37th Ave NE, requested that the council consider freezing the connection charges at the level in place when the user begins paying access fees.
• CONFIRMATION REVIEW CALENDAR
Rod Sparks, 20110 53rd Ave. NE, Planning Commission Pos. 2, term
ending 3/31/2001
Hutchinson introduced Rod Sparks as his nominee for appointment to the Planning Commission. Sparks discussed his continued commitment in volunteering his services to the community and his work on the Telecommunications Committee.
In response to a question from Thompson, Sparks said that one of the challenges he will deal with as a planning commissioner is balancing the future demands for change in our community.
In response to Kiest, Sparks discussed transportation and density issues and said that our city will continue to be challenged in these areas.
• CITIZEN COMMENTS
Steve Plusch, 4731 NE 201st Pl., said he never saw any police in his neighborhood when he first moved here prior to annexation. He praised the response time and the level of service of the police department and said he would be chagrined if the dispatch services were contracted out. He said that citizens have said that they would like to preserve the quality of life here and that they would like to retain the police services and dispatchers in our city.
In response to Thompson, Plusch said he is very comfortable with the current level of police services and said that he would prefer to see cuts in other areas. He said he was unsatisfied with the services of King County prior to annexation to the city.
REPORTS
Mayor Hutchinson reported that his mother Dorothy Bradley had her 103rd birthday on October 19. He noted the City of Kenmore's open house at their new city hall.
Kiest said he has a videotape of his testimony before the Regional Water Quality Committee for viewing by those interested. He also requested that discussion on the issue of the drug free zone be added to new business on the study session agenda.
CONSENT CALENDAR
Kiest requested that the October 14, 1999 Council minutes be pulled from the consent calendar.
Armanini requested that Item 5/Authorize Mayor to Sign Agreement with W&H-Pacific, ISTEA Project be pulled from the consent calendar and placed on second reading.
Kiest moved to amend the October 14, 1999 council minutes as follows:
Page 3, line 44:
"…copied for councilmembers. The letter addressed state law
that governs the ability of a city to tax property at less than the
106% maximum without thereby setting an artificially lower maximum
rate for future years in the process."
MacGilvra seconded. The motion to amend carried
unanimously.
Thompson moved adoption of the consent calendar as follows:
Armanini seconded. The motion to adopt the consent calendar as amended carried unanimously.
•SECOND READING CALENDAR
•W&H Pacific, ISTEA Project
Thompson moved to suspend the rules and take the comments and discussion of W&H-Pacific, ISTEA Project out of order. MacGilvra seconded. The motion carried unanimously.
Armanini expressed her concerns regarding the local match of $85,000 on the ISTEA project. She said she is not comfortable in proceeding with this project at this time while the budget process is underway.
Thompson moved that this item approving the agreement with W&H-Pacific be made a part of the budget discussion for Y2000.
Armanini seconded.
Kiest said it would like more information but did not see the need to tie it to the Year 2000 budget process.
In response to a question from Thompson, Jacobson discussed the amount included in the 1999 budget for this project and the contract project fee.
Armanini said discretionary expenses not committed in 1999 should also be subject to the freeze that the mayor authorized. She said there is no great need to spend the money just because it was budgeted for in the 1999 budget.
Kiest moved to table this motion to the November 18, 1999 Regular Council meeting. Gerdes seconded. The motion to table carried unanimously.
A five-minute recess was called for at 9:00 p.m.
The meeting was resumed at 9:10 p.m.
• FIRST READING CALENDAR
Ordinance 800/Tree Removal and Replacement
Armanini moved to advance Ordinance 800/Tree Removal and Replacement to the first reading calendar on December 9, 1999. Goss seconded. The motion carried unanimously.
• Resolution 567/Establishing Fees and Charges
Armanini moved to advance Resolution 567/Establishing Fees and Charges to second reading. Gerdes seconded. The motion carried unanimously.
Ordinance 804/Amending Section 5.30.070 Adult Entertainment Licensing Thompson moved to advance Ordinance 804/Amending Section 5.30.070 Adult Entertainment Licensing to second reading calendar. Gerdes seconded. The motion carried unanimously.
• Ordinance 805/Amending 1999 Salary Schedule and Payment Method for Judges pro tempore
Thompson moved to advance Ordinance 805/Amending 1999 Salary Schedule and Payment Method for Judges pro tempore to second reading calendar. Armanini seconded. The motion carried unanimously.
• SECOND READING CALENDAR
• Ordinance 795/Sanitary Sewer Connection Charges
Thompson moved to accept draft Ordinance 795 dated 10/26/99 for council consideration. Armanini seconded. The motion carried unanimously.
Armanini noted that it was previously discussed that specific dollar amounts would not be included in the code but rather referenced in the fee schedule.
Thompson moved to amend Ordinance 795 as follows:
Page 2, line 8:
"…connection charge in the amount of Two Three Thousand
Dollars ($3,000.00) whenever a single unit will be served.
This an amount that may be adjusted from time to
time by council resolution.
Page 2, lines 19-21:
"…connection charge in the amount of Two Thousand Dollars
($2,000.00) for the first unit and One Thousand Four Hundred Dollars
($1,400.00) for each additional unit. These amounts
that may be adjusted from time to time by council resolution."
MacGilvra seconded. The motion to amend carried unanimously.
Thompson said this ordinance should be adopted simultaneously with Resolution 567/Establishing Fees and Charges. Thompson discussed proposed sewer charges and connection fees.
Armanini said Mr. Goodloe's suggestion sounds appealing, but she questioned the impact of potential upgrades which would benefit all users.
Kiest expressed appreciation for Mr. Goodloe's comments. Kiest noted his concern regarding the impact of Goodloe's suggestion on the payment tracking system.
Thompson requested that Ordinance 795/Sanitary Sewer Connection Charges remain on second reading.
Ordinance 801/Granting Non-exclusive Franchise to Metromedia Fiber Network Services, Inc.
Kiest reviewed his questions regarding licensing requirements and taxes, and Assistant City Attorney Larson discussed the application of the utility tax. Cable Consultant Lon Hurd noted that each business would be subject to the city's licensing requirements. Hurd also referred to Ordinance 746 regarding calculations for charges for right-of-way use.
Discussion followed permit requirements, construction standards and how wholesalers and retailers do business.
MacGilvra moved to advance Ordinance 801 to final action calendar. Gerdes seconded. The motion carried unanimously.
Ordinance 803/Granting Non-exclusive Franchise to Worldwide Fiber Network Services, Inc.
Armanini moved to accept draft Ordinance 803 dated 10/26/99 for council consideration. MacGilvra seconded. The motion carried unanimously.
Assistant City Attorney Larson noted two corrections to be made to the draft ordinance.
Armanini moved to amend Ordinance 803 as follows:
Page 2, Section 2, paragraph 1b,
"(b) Before any wholesale customer of the
Company…."
Page 15, paragraph 21: "As directed by the City, the Company shall cooperate …"
Thompson seconded. The motion to amend carried unanimously.
In response to a question from Thompson, Hurd recommended that the agreement with Worldwide to provide cable to the city should be separate from the ordinance.
In response to a question from Armanini, Worldwide representative Ron Gustafson discussed the service the company is willing to provide and suggested that it could be made a condition of the permit.
In response to a question from Kiest, Gustafson said the company will work with the Director of Public Services to determine acceptable placement of the junction boxes for the city's cable.
Thompson moved to advance Ordinance 803 to the final action calendar. Herzog seconded. The motion carried unanimously.
Thompson moved that the mayor be authorized to sign an agreement approved by the city attorney with Worldwide Fiber Network Services, Inc. regarding provision of the cable for the city, and that the October 22, 1999 letter to Cable Consultant Lon Hurd from Mr. Gustafson be referenced.
Herzog seconded. The motion carried unanimously.
Kiest moved to suspend the rules and to take final action on Ordinances 801 and 803 out of order. Armanini seconded. The motion carried unanimously.
• FINAL ACTION CALENDAR
• Ordinance 801/Granting Non-exclusive Franchise to
Metromedia Fiber Network Services, Inc.
Thompson moved adoption of Ordinance 801/ Granting Non-exclusive Franchise to Metromedia Fiber Network Services, Inc.
Armanini seconded. The motion carried unanimously.
• Ordinance 803/Granting Non-exclusive Franchise to Worldwide Fiber Network Services, Inc.
Herzog moved to adopt Ordinance 803/Granting Non-exclusive Franchise to Worldwide Fiber Network Services, Inc.
Gerdes seconded.
The
motion to adopt carried unanimously.
• Resolution 567/Establishing Fees and Charges
Jacobson noted that the schedule will be amended to include street use fees. He discussed research into questions related to various listed fees.
In response to a question from Armanini, Zenk discussed maintenance and upkeep of the play fields.
Armanini moved to amend the civil service testing fees on the fee schedule to remain the same as the current existing fee as follows:
| PERMITS | PERMITS Existing Fee |
PERMITS Proposed w/o I-695 |
PERMITS Proposed w/I-695 |
| Civil Service Testing | $20.00 | PERMITS |
PERMITS |
Herzog seconded. The motion to amend carried unanimously.
Thompson moved to amend the initiative and referendum fees to read that the fee will be refunded if the ordinance is overturned.
MacGilvra seconded.
Kiest expressed his opposition to the amendment and noted that the fee is intended to offset the cost of administering the democratic process.
Armanini moved to table this amendment to the November 4, 1999 council meeting. Goss seconded. The motion to table carried unanimously.
<• Ordinance 804/Amending Section 5.30.070 Adult Entertainment Licensing
Gerdes moved to advance Ordinance 804/Amending Section 5.30.070 Adult Entertainment Licensing to the final action calendar. MacGilvra seconded.
Armanini expressed concern about taking final action tonight on an item that is listed on the agenda for first reading.
Kiest pointed out apparent language missing on page 2, lines 4-6, and asked the attorney to suggest amending language in Section 3 regarding convictions. The intent is to allow a judge to revoke a dancer's license for a second offense that violates probation as well as for a conviction of a second offense. (Council approved 11/04/99)
The maker and seconder withdrew their motion. to advance Ordinance 804/Amending Section 5.30.070 Adult Entertainment Licensing to final action.
Thompson requested that Ordinance 804 be shown on both second reading and final action calendar at the November 4 meeting.
<• Ordinance 805/Amending 1999 Salary Schedule and Payment Method for Judges pro tempore
Regarding the salary schedule amendment, Thompson said he would have preferred that a new position description without relationship to the particular individual be prepared for council review, and specific information provided regarding computer technical support. He said he needed more information regarding how points are awarded in the rating system.
Armanini said she agrees that the information could have been presented in a more neutral way; however, she agrees with the conclusion and will vote in favor of the ordinance.
Kiest said the council is walking a tightrope in balancing competing priorities. He noted the work done a few years ago on the functional job analysis. He said information is lacking regarding responsibilities related to the government access channel and the payroll process. He said he believes this is justified; however, the information has not been presented very well. He noted the need to devise standard templates for job descriptions. He stated that to grant a salary increase without a revised job description could invite an impression the salary increase is personality driven rather than based on duties. (Council approved 11/4/99)
Thompson said he is concerned about how this is being presented to council and indicated that this is a repeat of what has been presented to council previously related to position or salary changes.
Armanini said this message has been sent to the administration previously; however, she refuses to let the council be the bad guys on this issue. She said she is ready to take action on this item.
Thompson said a revised job description is still needed.
Hutchinson said there is no question that this could have been presented better, but he noted that this affects a valued employee and encouraged passage of this ordinance tonight.
In response to a question from Kiest, Hutchinson said that a position description will be prepared by the November 4 council meeting.
Goss said the council should be presented with the rationale for such a personnel change before it is done.
The motion carried 5-2 (MacGilvra, Gerdes, Armanini, Goss, Herzog; Nay--Thompson, Kiest).
• FINAL ACTION CALENDAR
Ordinance 805/Amending 1999 Salary Schedule and Payment Method
for Judges pro tempore
Armanini moved to adopt Ordinance 805/Amending 1999 Salary Schedule and Payment Method for Judges pro tempore.
Gerdes seconded. The motion carried 6-1 (Aye-MacGilvra, Gerdes, Armanini, Thompson, Goss, Herzog; Nay-Kiest).
ADJOURNMENT
There being no objection, the meeting was adjourned at 11:03 p.m.
APPROVED:
Regular Council Meeting
October 28, 1999
Council Approved
November 4, 1999
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