Councilmembers present: Alan Kiest, Carolyn Armanini, Dwight Thompson (7:44 p.m.), Mary Jane Goss (7:43 p.m.), Nate Herzog, Roger Olstad, Ed Sterner

Staff Present: David R. Hutchinson, Mayor, Douglas Jacobson, City Administrator; Michael Ruark, City Attorney, Scott Drown, Commander; John Hawley, Finance Director; Sarah Phillips, Government & Community Relations Coordinator; Ty Peterson, City Planner; Susan Stine, City Clerk; Evelyn Jahed, Deputy City Clerk

Others present: Seven visitors

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

Jim Moore of Sound Transit showed a slide presentation on the proposed changes and updates to the SR 522 corridor. King County Transit Planner Jack Whisner reported on Executive Sims’ transportation reform and improvement plan.

In response to questions from councilmembers, Moore and Whisner discussed proposed service changes for the area. Councilmembers expressed concern that taxpayers’ dollars are not being spent for local improvements.

Hutchinson noted that the Picnic in the Park celebration is scheduled for July 29 and 30. He reported on the July 10 commission chairs meeting and noted that annual reports from boards and commissions are due in August. Hutchinson said Police Chief Dennis Peterson will be on board Monday, July 17. He reported on recent meetings of the wastewater treatment plant site selection committee.

Armanini thanked Commander Scott Drown for acting as interim police chief since the retirement of Chief Rogers. Armanini requested that notes from recent leadership team meetings be provided to council.

Cmbr. Kiest requested that the issue of drug abatement be added to new business.

Hutchinson requested that an executive session be added at the end of the meeting to discuss labor negotiations for approximately 10 minutes.

There being no objection, the agenda was adopted as amended.

Prosecuting attorney nominee Sarah Roberts discussed her professional experience as a prosecutor and her commitment to the criminal justice system.

In response to questions from Cmbr. Kiest, Roberts discussed the importance of being available to law enforcement officers if needed and her experience with domestic violence issues and victimless prosecution.

In response to questions from Cmbr. Thompson, Roberts discussed land use issues and code enforcement and her experience in investigation and prosecution of adult entertainment violations. She noted the importance of the probation officer’s role in the court. Roberts said she will provide a report to council on issues related to Seattle’s impound law.

In response to Cmbr. Herzog, Roberts discussed her attitude towards and experience with plea bargaining.

In response to Kiest, Roberts discussed her experience with gang member prosecution and witness protection techniques.

Allison Reagan, 17360 Beach Drive NE, spoke regarding the Lyon Creek waterfront property and thanked councilmembers who worked with residents in their attempt to defeat the Interagency Committee for Outdoor Recreation (IAC) grant. She stated that all of their concerns have not been addressed, and residents are interested in the street vacation procedure. Reagan said there are still parking problems that need to be resolved and believes that current signage is ineffective. She reminded council that the Lyon Creek property should remain a passive park in the master plan.

Jeff Weissman, Great Harvest Bread, Towne Centre, said he has read the proposed changes to Ordinance 810 and urged the council to adopt the sign code amendments as they were presented by the Planning Commission and the Economic Development Committee.

Thompson moved to approve the consent calendar as follows:

1. July 13, 2000 Finance Committee Report covering Warrants No. 37639 through 37726 in the amount of $200,267.31 drawn from the Claims Clearing Fund and Warrants No. 19298 through 19372 in the amount of $139,404.29 drawn from the Payroll Clearing Fund.
2. Resolution 595/Location of Council Meeting Place.

Thompson moved to advance Ordinance 821/Amending 2000 Budget, Relating to Purchase of Three Police Vehicles and Ordinance 822/ Amending 2000 Budget, Relating to Construction Fund Loan to second reading calendar.

Thompson moved to advance Resolution 596B/Authorizing Interfund Loan and

Ordinance 823/Amending 2000 Budget, Providing for Repayment of Interfund Loans to second reading calendar.

Thompson moved to table indefinitely Resolution 596A/Authorizing Interfund Loan, Adjusting Repayment Schedules.

In response to questions from Armanini, Finance Director John Hawley said he consulted with the city attorney regarding language used in the resolution and the fiscal policies. He said that a resolution is not binding as law, as is an ordinance. The policies have been prepared using "will" when the city should implement the policy every year in the budget process and "shall" for a long-term goal determined by the council.

Councilmembers discussed issues related to revenue and expenditures and how the policies would be implemented.

Armanini moved to amend Attachment A as follows:

Section 1, line 1: "…The City will should maintain a 12% reserve…"

Section 1, line 3: "…which shall should maintain a 30% reserve…"

Olstad seconded. The motion carried 6-1(Aye—Thompson, Kiest, Armanini, Olstad, Sterner, Herzog; Nay—Goss).

Thompson moved to amend Attachment A as follows:

Page 2, last paragraph: "In accordance with state law, all contributions to and All expenditures drawn from reserve funds…"

Armanini seconded. The motion carried unanimously.

Thompson moved to amend as follows:

Page 2, Item 6 Equipment Reserves: "… at a level sufficient to meet scheduled equipment replacement within the next five years so as to sustain an acceptable level of municipal services and sustain the effective operation of the City’s assets."

Goss seconded.

Kiest said he is not comfortable with the proposed amendment and suggested the following:

Page 2, Item 6 Equipment Reserves: "The City will seek to maintain equipment reserves…."

Armanini moved to adopt Resolution 594/Establishing Fiscal Policies and Reserve Requirements as amended.

In response to a question from Olstad, Thompson explained what has been adopted and what is proposed in the document before the council as Ordinance 810. He noted that the council is working from a copy of LFPMC Chapter 18.52 in which approved and proposed amendments have been inserted.

Kiest moved to amend as follows:

Page 1, lines 29-31: "…No balloon may exceed three cubic feet. No celebration shall

calendar days prior to the start of the celebration. The notice shall specify the first and last days of the celebration."

Thompson seconded.

Armanini said she would consider an e-mail message or phone call as sufficient notice and suggested the following:

Page 1, line 30: "…written notice is received…."

Herzog said he is hesitant to support this amendment because it is too laborious for staff.

Goss said she feels this amount of regulation is not necessary and places an unnecessary burden on businesses. She said she is not aware that that city receives complaints from the public to support this amendment.

Sterner said he agreed with Cmbrs. Goss and Herzog’s comments.

Armanini said the Planning Commission report noted that some celebration signs had been in place for months.

Olstad said he will support the amendment.

The motion to amend carried 4-3 (Aye—Armanini, Thompson, Kiest, Olstad; Nay--Goss, Herzog, Sterner).

Kiest moved to amend as follows:

Page 2, Lines 32-33: "…community picnic, etc. There are no size limitations on special event signs. These may not exceed twenty (20) square feet on each of two (2) sides.

Thompson seconded.

Councilmembers discussed varying sizes for signs for special events.

Armanini said she is not comfortable restricting such signage to 20 feet. In response to a question from Kiest, Armanini said she would be comfortable with allowing 75 square feet.

Kiest moved to amend as follows:

Page 3, line 12: "…displaying patriotic or corporate flags and such flags."

Kiest moved to amend as follows:

Page 4, line 32: "…(other than official flags of political entities and a single flag identifying the project or owner),…."

Herzog said he opposed this amendment because this deals with all such flags.

In response to Armanini, Kiest discussed his concern regarding the liberalization of signage in the commercial and neighborhood business zones.

Kiest moved to amend as follows:

Page 4, Line 34: "… and a total of four two times a year."

Thompson seconded,

A five-minute recess was called for at 10:00 p.m.

The meeting was resumed at 10:07 p.m.

Thompson reminded councilmembers that no celebration signs had been allowed prior to 1999.

Sterner moved to amend as follows:

Page 4, line 34: "…a total of four times a year and a total of forty (40) days a year."

Thompson seconded.

Armanini said it would be hard to support this amendment because of the burden on staff for recordkeeping.

Kiest said he will speak against this amendment because it undermines the basic concept of his amendments.

Sterner said his intent is to provide businesses with some flexibility.

Herzog said he agreed with Sterner and has no problem with the amendment.

Thompson said he will vote against the amendment and believes that the language should stand as approved.

Armanini said she appreciates the clarification provided by Planning Cmr. Plusch regarding the intent and compromises incorporated in the commission’s proposal. She said that she will vote against this amendment.

Kiest moved to amend as follows:

Page 5, line 9-12: "B. Each business in the TC zone which is the single occupant of a stand-alone building may have either one changing message sign or one freestanding, single-faced or one double-faced sign not exceeding 20 square feet in area per side and a height not exceeding 20 feet, securely fastened to the ground. Sandwichboard signs are prohibited in the TC zone."

Armanini suggested that the stricken language "…either one changing message sign or…" be restored.

Councilmembers agreed to delay action on this motion to allow staff to review the intent of the commission’s proposal.

Kiest moved to amend as follows:

Page 5, lines 15-16: "…may exceed five square feet per side. All hanging signs must be removed within three months of their first use and not re-established for the same or similar purpose."

Kiest moved to amend as follows:

Page 5, line 47: …except for changing message signs, and shall be located…"

Thompson seconded.

Regarding Kiest’s amendment on Page 5, lines 9-12, Peterson reported on the commission’s intent regarding the deletion of similar language on Page 5, lines 5-8.

Kiest moved to amend as follows:

Page 5, line 50: "…entities and a single flag identifying the project or owner), of a permanent nature are prohibited…."

Thompson seconded.

In response to Herzog, Kiest clarified the legislative intent of this amendment. He noted that first amendment rights will still be protected.

Kiest moved to amend as follows:

Page 6, line 1: "..at the site of the business shopping center and … "

Thompson seconded.

Kiest explained his understanding of the Planning Commission’s intent regarding celebration displays.

Olstad discussed his interpretation of the proposed amendment.

A three-minute recess was called for at 10:57 p.m.

The meeting was resumed at 11:04 p.m.

Kiest moved to amend as follows:

Page 6, line 3: "Off-premises signs are prohibited. Celebration displays in the TC zone shall involve all businesses located in that zone. Individual businesses in that zone are prohibited from exhibiting celebrations."

Thompson seconded. The motion did not carry 1-6 (Aye—Kiest; Nay—Thompson, Armanini, Herzog, Goss, Sterner, Olstad.).

Thompson moved to advance Ordinance 810 and Ordinance 788 to final action calendar.

Armanini moved to suspend rules and take action on Ordinance 810/Sign Code Amendments and Ordinance 788/Relating to Nonconforming Signs, Providing for Amortization.

Thompson seconded. The motion carried unanimously.

Thompson moved to adopt Ordinance 810/Sign Code Amendments.

Thompson moved to adopt Ordinance 788/Relating to Nonconforming Signs, Providing for Amortization.

Armanini seconded.

Herzog said he will vote against Ordinance 788 and expressed concern regarding changing the rules for business owners who have made an investment in signage.

Goss said she will vote against this ordinance and expressed her concern that there was no discussion prior to moving this item to final action. She said she did not agree with the need for the amortization of signs.

Sterner said reluctantly he will vote in favor and encouraged the city to be careful when enforcing this ordinance.

Kiest moved to suspend the rules and to return Ordinance 788 to second reading for further amendments.

Thompson seconded. The motion carried unanimously.

The motion to adopt Ordinance 788/Relating to Nonconforming Signs, Providing for Amortization was thereby withdrawn.

Kiest moved to amend as follows:

Page 2, line 29: "…as non-conforming signs, provided that no such permit shall be granted to a business that does not possess a current business license."

Thompson seconded.

In response to a question from Herzog, Kiest said this amendment would not apply to non-profit organizations.

There was no objection to Cmbr. Armanini’s request for the following correction:

Page 2, line 24: "…on the effective date of this code…"

Thompson moved to advance Ordinance 788/Relating to Nonconforming Signs, Providing for Amortization to final action calendar.

Kiest seconded. The motion carried 5-2 (Aye—Olstad, Herzog, Armanini, Kiest, Thompson; Nay—Goss, Sterner).

Thompson moved to adopt Ordinance 788/ Relating to Nonconforming Signs, Providing for Amortization.

Olstad seconded.

There was no objection to Thompson’s request for reconsideration of Ordinance 788 at the next council meeting.

Olstad moved to postpone the remaining items on the second reading calendar as follows to the July 27, 2000 council meeting agenda:

1. Approve Lyon Creek Waterfront Property Caretaker Agreement
2. Ordinance 824/Relating to Parking Regulations
3. Ordinance 821/Amending 2000 Budget, Relating to Purchase of Three Police Vehicles
4. Ordinance 822/Amending 2000 Budget, Relating to Construction Fund Loan
5. Resolution 596B/Authorizing Interfund Loan
6. Ordinance 823/Amending 2000 Budget, Providing for Repayment of Interfund Loan.

Herzog seconded. The motion carried unanimously.

--Drug Abatement

Kiest requested that the discussion of the new topic of drug abatement be postponed to the July 20, 2000 council meeting.

Kiest requested to be excused from the July 27, 2000 regular council meeting.

Armanini moved to excuse Cmbr. Kiest from the July 27 council meeting.

Armanini requested that the goals set at the council retreat be added for discussion at the August council study session.

In response to a question from Thompson, City Attorney Ruark discussed the status of the Stewardship Foundation appeal.

Kiest moved that the mayor be authorized to sign the contract for legal services with Sarah Roberts.

In response to questions from Herzog, Ruark discussed issues related to the use of a substitute attorney and to the matter of reimbursement of out-of-pocket expenses.

Sterner seconded. The motion carried unanimously.

Thompson moved to confirm the appointment of Sarah Roberts as the Lake Forest Park Prosecuting Attorney.

Olstad moved to authorize the City Attorney to prepare a letter to Darrel Johnson in response to Johnson’s letter.

Kiest seconded. The motion carried unanimously..

There being no objection, the meeting was adjourned at 11:42 p.m.

Susan Stine, City Clerk

APPROVED:

David R. Hutchinson, Mayor