Councilmembers present: Dwight Thompson, Mary Jane Goss, Nate Herzog, Roger Olstad, Ed Sterner

Councilmember absent: Carolyn Armanini, Alan Kiest (excused)

Staff present: David R. Hutchinson, Mayor; Douglas Jacobson, City Administrator; Michael Ruark, City Attorney; Dennis Peterson, Police Chief; John Hawley, Finance Director; Sarah Phillips, Government and Community Relations Manager; Ty Peterson, Planning Manager; Frank Zenk, Director of Public Services; Tema Nesoff, Parks and Human Services Administrator; Susan Stine, City Clerk

Others present: Six visitors

Mayor Hutchinson called the regular meeting to order at 7:35 p.m.

Cmbr. Thompson led the council in the pledge of allegiance.

1. Resolution 716/Authorizing Mayor to Sign Professional Services Agreement with Berryman & Henigar for On-Call Services
2. Resolution 717/Authorizing Mayor to Sign Agreement with King County for Property Acquisition Services
3. Resolution 718/Authorizing Mayor to Sign Professional Services Agreement with Boys and Girls Club
4. Resolution 719/Awarding Bid and Authorizing Mayor to Sign Contract for Lyon Creek Project Demolition Services
5. Resolution 720/Authorizing Mayor to Sign Agreement with Police Sergeants Bargaining Unit
6. Resolution 721/Authorizing Mayor to Sign Mutual Aid Agreement for Public Works Emergency Response

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

Hutchinson noted that Angela Amundson was not available to make her presentation on Brightwater conveyance system alternatives.

Jeff Brown of Sound Resource Management Group, Inc. and Josh Marx of King County Solid Waste Division reported on the organics pilot project to date and responded to questions from council.

Aviva Leonard, 17124 Hillside Drive NE, noted some of the problems she has encountered while participating in the organics pilot project.

Thompson moved to approve the consent calendar as follows:

1. July 11, 2002 Council Regular Meeting Minutes
2. July 25, 2002 Finance Committee Report covering warrant nos. 41835 through 41906 in the amount of $254,291.16 drawn from the claims clearing fund and warrant nos. 22933 through 23009 in the amount of $131,384.51 drawn from the payroll clearing fund. An automatic withdrawal of $383.04 for monthly bank service fees was withdrawn from the checking account.

Thompson moved to advance the following agenda items to the second reading calendar:

1. Resolution 716/Authorizing Mayor to Sign Professional Services Agreement with Berryman & Henigar for On-Call Services,
2. Resolution 717/Authorizing Mayor to Sign Agreement with King County for Property Acquisition Services,
3. Resolution 718/Authorizing Mayor to Sign Professional Services Agreement with Boys and Girls Club,
4. Resolution 719/Awarding Bid and Authorizing Mayor to Sign Contract for Lyon Creek Project Demolition Services,
5. Resolution 720/Authorizing Mayor to Sign Agreement with Police Sergeants Bargaining Unit,
6. Resolution 721/Authorizing Mayor to Sign Mutual Aid Agreement for Public Works Emergency Response, and
7. Resolution 722 /Authorizing Mayor to Sign Professional Services Agreement with City of Shoreline for Teen Center to second reading calendar tonight.

Director of Public Services Frank Zenk explained the changes in the agreement and the fee structure. In response to questions from council members, Jacobson and Zenk noted that rates and contracts are under constant review and comparison with other municipalities so that costs can be kept low.

Mayor Hutchinson noted Resolution 723/Authorizing Mayor to Sign Professional Services Agreement with Berryman & Henigar for Building Department Services will advance to second reading calendar at the August 8, 2002 council meeting.

Jacobson said that he and the city attorney would draft a resolution to implement a three-year schedule for review of open-ended contracts.

Human Services Commission Chair Lizbeth Gilbert and Parks and Human Services Administrator Tema Nesoff briefed council on the operation and costs of the teen center program. Gilbert noted that contracting with a neighboring city is one way of leveraging the city’s funds and reaching out in partnership.

Nesoff noted that the city attorney had recommended some changes to the agreement, and the resolution and amended agreement would be on the August 8, 2002 second reading calendar.

Thompson moved adoption of Resolution 716/Authorizing Mayor to Sign Professional Services Agreement with Berryman & Henigar for On-Call Services. Herzog seconded. The motion carried unanimously.

Thompson moved adoption of Resolution 717/Authorizing Mayor to Sign Agreement with King County for Property Acquisition Services. Herzog seconded. The motion carried unanimously.

Thompson moved adoption of Resolution 720/Authorizing Mayor to Sign Agreement with Police Sergeants Bargaining Unit. Goss seconded. The motion carried unanimously.

Following a brief discussion with Parks and Human Services Administrator Tema Nesoff, Thompson moved adoption of Resolution 718/Authorizing Mayor to Sign Professional Services Agreement with Boys and Girls Club. Olstad seconded. The motion carried unanimously.

Council members agreed to postpone action on Resolution 719/Awarding Bid and Authorizing Mayor to Sign Contract for Lyon Creek Project Demolition Services until later on the agenda.

Thompson moved adoption of Resolution 721/Authorizing Mayor to Sign Mutual Aid Agreement for Public Works Emergency Response. Goss seconded. The motion carried unanimously.

City Attorney Ruark noted that an amendment to the proposed ordinance has been prepared by staff members for council consideration.

Thompson noted that the ordinance dated 7/18/02 currently before the council for consideration contains all previous amendments approved by the council.

In response to a question from Thompson, Planning Manager Peterson said he had prepared the ordinance dated 7/18/02 and had mailed it to the parties of record. He noted that only one comment had been received, expressing concern regarding the elimination of the administrative variance.

In response to questions from Goss, Peterson compared the costs associated with a variance heard by the hearing examiner and an administrative variance. Goss expressed her concern regarding additional costs associated with the proposed variance process for the applicant and the city.

In response to a question from Herzog, Peterson agreed to prepare a one-year report for the council on the variances allowed by the proposed ordinance. Goss noted that all council members are interested in protecting the environment, but she is concerned also about additional costs for applicants and the city.

A 10-minute recess was called for at 9:15 p.m.

The meeting was resumed at 9:27 p.m.

Peterson and Ruark discussed the proposed amendment and explained the impact of the current language in the proposed ordinance. They explained that only changes within the existing footprint are allowed for an existing house in a buffer area. However, an exemption could be allowed for a proposal to build in a sensitive area. Ruark noted that the proposed amendment is an attempt to partially address this imbalance. Also, he said staff members would develop a proposed ordinance for a limited administrative variance process for council consideration.

In response to questions from council members, Peterson discussed a likely timeline for a permit process with a variance application and hearing before the hearing examiner.

Council members discussed options for possible action related to the proposed ordinance.

Sterner moved to amend Ordinance 874 as follows:

Page 7, lines 4-10: "E. Any modification to or replacement of a single detached residence, constructed on or before March 1, 1992, if that residence does not comply with the building setback or buffer requirements of this chapter or has been granted a variance from those requirements; provided that the existing footprint of the residence within the setback or buffer areas is not enlarged or, only with respect to a single family residence constructed before March 1, 1992, enlarged not more than the lesser of 10 percent or 250 square feet and that no portion of the modification or replacement is located closer to the setback or buffer area or, extends farther into the setback or buffer area Modification to or replacement of a single detached residence, constructed on or before March 1, 1992, that does not comply with the building setback, buffer requirements, or sensitive area requirements of this chapter or that has been granted a variance from the building setback or buffer requirements; provided that , if the existing footprint is within a buffer, setback or sensitive area, the residence is enlarged not more than the lesser of 10 percent or 250 square feet and that no portion of the modification or replacement is located closer to the sensitive area or extends farther into the sensitive area."

Sterner moved to amend Ordinance 874 as follows:

Page 7, line 13: "…more than the lesser of 10 percent or 250 square feet than its March 1992 footprint, and that no portion…"

Thompson moved to amend Ordinance 874 as follows:

Page 7, lines 6 and 7: "…sensitive area requirements of this chapter or that has been granted a variance from the building setback or buffer requirements; provided that…"

Olstad moved to advance Ordinance 874 as amended to the final action calendar.

Council members reviewed and accepted additional language proposed by staff members as follows:

Page 1, lines 21 and 22: "…to this resolution. , after the City receives the contract properly executed by the Contractor including inclusion of the required surety bond."

Thompson moved adoption of Resolution 719/Awarding Bid and Authorizing Mayor to Sign Contract for Lyon Creek Project Demolition Services. Goss seconded. The motion carried unanimously.

Herzog said he believes that this ordinance duplicates the legislative intent of the state legislation, he understands that the city attorney has advised adoption to eliminate any possible confusion.

Herzog moved to advance Ordinance 875/Amending LFPMC 8.32 Entitled "Fireworks Restrictions" to the final action calendar.

Thompson moved to advance Ordinance 876/Amending LFPMC 16.26.030 A.1 Pertaining to Land Use Decisions to the final action calendar.

Thompson moved adoption of Ordinance 874/Amending LFPMC Chapter 16.18 Authorizing Variances to the City’s Sensitive Areas Development Regulations and Establishing Criteria for Such Variances. Goss seconded.

Olstad noted that staff members have been requested to prepare a separate ordinance for outlining an administrative variance process.

Thompson expressed his support of the ordinance as amended and recognized the contributions of absent council members in crafting the ordinance.

Herzog moved adoption of Ordinance 875/Amending LFPMC 8.32 Entitled "Fireworks Restrictions." Olstad seconded. The motion carried unanimously.

Herzog moved adoption of Ordinance 876/Amending LFPMC 16.26.030 A.1 Pertaining to Land Use Decisions. Sterner seconded. The motion carried unanimously.

Olstad noted that a candidates forum is scheduled on Wednesday, September 4, 7:30 p.m. at Third Place Commons.

Council members discussed the conditional use application process for a cellular telephone pole with Planning Manager Peterson.

In response to questions from Thompson, Peterson discussed the possibility of an application by King County for tree removal along the Burke Gilman Trail.

At 11 p.m., council members agreed to extend adjournment for 15 minutes.

Director of Public Services Zenk discussed recent history related to the 178^th Street speed limit. Chief Peterson discussed statistics for the first six months of 2002 for speeding infractions. Zenk also noted issues related to pedestrian safety for school children. Sterner recommended that citizens be given an opportunity to comment prior to any changes in the speed limit.

Jacobson said that the city should invest in a traffic study that would provide certified data. Action could be taken to change the speed limit after school begins if the study results and the comments from citizens support a change.

Finance Director John Hawley discussed options for bonds or bank loans for the public works facility financing. He recommended that the city make the request for proposals for both bonds and bank loans. He suggested a time line that would allow for council approval for the financing option in September. In response to questions from council members, Hawley discussed the city’s contract with Kenmore to provide public works services.

Herzog said that the requirement for a sign permit contributes to a negative view of the city, and he noted that the council had discussed this issue at its retreat. He also noted that staff time for issuing permits and enforcing the code is a concern.

Herzog noted that his suggestion is to eliminate the permitting requirement and fee for real estate open house signs. He said that the council might take other action if enforcement becomes an issue in the future; however, he noted that realtors police themselves fairly well.

Goss expressed her support for Herzog’s recommendation, discussed the Bellevue process regarding sign code enforcement and expressed concern that the city’s regulations are not enforced fairly.

Thompson said he will support Herzog’s recommendation to eliminate the permit requirement but continue the code enforcement. He noted that easing the permit requirement could be good for the city and its businesses.

Hutchinson said that an ordinance would be drafted by staff for council consideration at an upcoming meeting.

Olstad requested that the letters received regarding Hamlin Road be scheduled for discussion at an upcoming meeting.

There being no objection, the meeting was adjourned at 11:26 p.m.

Susan Stine, City Clerk

APPROVED:

David R. Hutchinson, Mayor

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