Councilmembers present: Alan Kiest, Carolyn Armanini, Dwight Thompson, Mary Jane Goss, Nate Herzog, Roger Olstad, Ed Sterner (7:40 p.m.)

Staff present: David R. Hutchinson, Mayor; Douglas Jacobson, City Administrator; Michael Ruark, City Attorney; Dennis Peterson, Police Chief; Ty Peterson, Planning Manager; Sarah Phillips, Government & Community Relations Coordinator; Susan Stine, City Clerk

Others present: Four visitors

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

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

Mayor Hutchinson opened the public hearing 7:34 p.m. on Resolution 737/Taking a Position on Initiative 776: Limiting Motor vehicle License Fees.

There being no comments, the public hearing on Resolution 737 was closed at 7:35 p.m.

Hutchinson reported on his attendance at the September 30, 2002 opening ceremony for the new Sound Transit 522 bus route; the October 7, 2002 north end mayors’ meeting; the commission chairs meeting; and recent Association of Washington Cities (AWC) meetings and events. Council members discussed AWC’s support of the proposed regional utility tax. Hutchinson also noted the upcoming state-wide introduction of the Amber Alert system to help locate missing or kidnapped children.

City Administrator Doug Jacobson reported that the audit for 2001 had been completed, a new traffic signal on Bothell Way Northeast is expected to be fully funded by grants. Fire marshal services and disaster preparedness have been subjects of discussion with Northshore Fire District.

Hutchinson introduced Alper Sarikaya of Boy Scout Troop 348 and welcomed him to the meeting.

Hutchinson requested the addition of the letter from the Washington Coalition for Tribal Self-Reliance under new topics for discussion.

In response to a question from Cmbr. Armanini, Hutchinson said that clarification of the October newsletter article regarding Referendum 51 transportation improvements would be provided in the November newsletter.

In response to Cmbr. Kiest, Jacobson noted that copies of the photographs of the new city hall used in the architect’s submittal of the project for the 2002 AIA Seattle Design Awards will be provided to the city.

Cmbr. Sterner moved to adopt the agenda as amended. Cmbr. Goss seconded. The motion carried unanimously.

Alper Sarikaya, 3729 NE 194^th St., Scout Troop 348, said that he has lived in Lake Forest Park for four years and is currently attending Shorecrest High School. He is working on his badge for citizenship and the community.

Liane Newman, 16715 32^nd Pl. NE, commented on Ordinance 877 and expressed her concern that signs would proliferate if the permit process is eliminated. She also commented on the Forest Park Drive repair options and noted that residential streets are being used to bypass the main routes.

Cmbr. Kiest moved to confirm the following appointments:

Charity Thielen, Human Services Commission, Position 1, term ending 3/31/04

Brian Gregory, Public Safety Commission, Position 4, term ending 3/31/05 (shared position)

Heather Bugni, Public Safety Commission, Position 4, term ending 3/31/05 (shared position)

CONSENT CALENDAR

Cmbr. Thompson moved to approve the consent calendar as follows:

1. September 19, 2002 council study session minutes
2. October 10, 2002 finance committee report covering warrant nos. 42238 through 42309 in the amount of $175,772.82 drawn from the claims clearing fund and warrant nos. 23344 through 23437 in the amount of $154,797.47 drawn from the payroll clearing fund

In response to a question from Armanini regarding warrant no. 42295 to Shoreline Community College for Microsoft Access training, Jacobson noted he will ask the finance director to provide information regarding the budget used for payment.

Thompson moved to advance Resolution 736/Authorizing the Mayor to Sign Amendment to Jail Services Contract with Yakima County to the second reading calendar. Kiest seconded. The motion carried unanimously.

Kiest moved to advance Resolution 737/Taking a Position on Initiative 776: Limiting Motor Vehicle License Fees to the second reading calendar. Armanini seconded. The motion carried unanimously.

City Administrator Jacobson discussed the need for a part-time city engineer to perform the engineering-related tasks that he has handled. He noted that several firms had been interviewed, and Charles Price was the candidate who best fit the city’s current needs.

Thompson moved to advance Resolution 738/Authorizing Mayor to Sign Professional Services Agreement for Interim City Engineering Services to second reading. Goss seconded. The motion carried unanimously.

Thompson moved to advance Resolution 739/Authorizing Mayor to Sign Professional Services Agreement with Prothman Company for City Administrator Search to second reading. Goss seconded. The motion carried unanimously.

Thompson moved to advance Resolution 740/Authorizing Mayor to Sign Agreement with King County Transit for Layover at Interim City Hall Property to the second reading calendar. Armanini seconded. The motion carried unanimously.

Armanini moved to advance Ordinance 882/Adopting Technical Amendments to LFPMC 2.08 Relating to Appointment of City Officers to the second reading calendar. Sterner seconded. The motion carried unanimously.

Goss moved to advance Ordinance 883/Requiring Helmet Use when Operating Bicycles, Skateboards, Roller Skates and Scooters to second reading on December 12, 2002 council agenda. Herzog seconded. The motion carried unanimously. An article will be prepared for the newsletter explaining the proposed ordinance and inviting comment.

Jacobson provided an update on the additional information received from Olympic Associates for the extra work done on the city hall project.

Council requested further review of the information by the city administrator and postponed discussion until the end of the second reading calendar.

Thompson moved to adopt Resolution 733/Authorizing Mayor to Sign Contract with King County for Jail Services. Goss seconded. The motion carried unanimously.

Armanini noted that the city attorney had recommended the addition of a new Section 4.

Armanini moved to amend Ordinance 877 as follows:

Page 2, line 16: "Section 4. Signs are not permitted on city-owned real property or property leased by the city for public purposes without the permission of the city."

Sterner noted that he had spoken with former council member Don MacGilvra regarding this ordinance and discussed his suggestions regarding the use of a warning letter and tracking procedure for illegal signs and a two-year limit for the proposed sunset clause.

Sterner moved to amend Ordinance 877 as follows:

Page 2, line 15: "…traffic or other safety hazard."

Thompson moved to amend Ordinance 877 (Proposed by Cmbr. Thompson version) as follows:

Page 1, lines 10-13: "…PROVIDING A SUNSET CLAUSE, AND REINSTATING THE CURRENT VERSION OF SECTION 18.52.080 EFFECTIVE DECEMBER 31, 2005."

Page 2, line 26: "…effective midnight December 31, 2005, …"

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

In response to questions from council members regarding the ordinance properly before the council, City Attorney Ruark clarified that the ordinance before the council contains all amendments made at the September 26, 2002 meeting. He also noted that the ordinance copy marked "Proposed by Cmbr. Thompson" was prepared to include a sunset clause at Cmbr. Thompson’s request but had not been acted on by the council.

Thompson movedthat the version of the proposed Ordinance 877 which includes the sunset clause language be substituted as the council’s working version; and that the previously approved amendments establishing an effective date in the sunset clause and inserting a new Section 4 be incorporated into the ordinance before the council.

Olstad seconded.

Following further discussion, Ruark noted that the new Section 4 should correctly be Subsection 3 and should be inserted on Page 2, line 21. The council accepted the correction as a technical amendment.

Thompson moved to amend Ordinance 877 as follows:

Page 1, lines 28-31 (unstrike previously stricken language): "…The following signs are permitted in the public right of way in Lake Forest Park and upon property owned by Lake Forest Park upon making application for a permit to the city clerk and upon the following conditions: The following signs are permitted in the public right-of-way in Lake Forest Park and upon property owned by Lake Forest Park upon making application for a permit to the city clerk and upon the following conditions:

Page 1, lines 39-42: "A. Special Event Signs. A maximum of four special event signs may be posted for a maximum of seven days prior to the event’s commencement and upon such other conditions as may be imposed by the city clerk. Special event signs must be removed within 24 hours of the termination of the special event."

Goss seconded.

Kiest said that it is very difficult to follow the proposed amendments and suggested that further consideration be postponed until the council can review a copy of the proposed ordinance incorporating the approved amendments.

Kiest moved to table Ordinance 877 to the October 24, 2002 meeting agenda. Olstad seconded.

The motion to table Ordinance 877 was ruled out of order due to the previous motion to amend, which is before the council. The seconder withdrew his second.

Thompson expressed his willingness to table his proposed amendment. Following discussion, Thompson moved to table his motion to amend to the October 24, 2002 meeting. Goss seconded. The motion to table the motion to amend failed 3-4 (Aye - Olstad, Thompson, Goss; Nay - Herzog, Armanini, Kiest, Sterner).

Thompson moved to hold Ordinance 877 on second reading for the October 24, 2002 meeting. Olstad seconded.

Following a comment from Herzog, Thompson withdrew his motion.

Herzog expressed his interest in producing a clean copy of the ordinance for council review and consideration at the October 24, 2002 meeting.

Herzog moved to amend Ordinance 877 as follows:

Page 3, line 4: "The following signs are permitted in the public right-of-way in Lake Forest Park without a permit being required; provided that no sign in the public right-of-way shall create a traffic or other safety hazard:…"

Thompson moved to hold Ordinance 877 as amended on second reading for the October 24, 2002 meeting agenda. Olstad seconded. The motion carried unanimously.

A five-minute recess was called for at 9:02 p.m.

The meeting was resumed at 9:18 p.m.

In response to a question from Cmbr. Sterner, Jacobson discussed the total amount of the amendment. He noted that the amount to be approved is provided in Exhibit C (amended).

Thompson moved to adopt Resolution 700/Authorizing Mayor to Sign Professional Services Agreement Amendment with Olympic Associates for City Hall Project.

Thompson moved to postpone action on Ordinance 878/Relating to Use of City Credit Cards until later on the agenda to allow further review of the proposed changes by Cmbr. Kiest. Kiest seconded. The motion carried unanimously.

Jacobson noted that a motion had been prepared for council consideration directing the administration to proceed with specific steps related to Forest Park Drive.

Thompson moved to direct the administration to move forward with the additional geotechnical studies and analysis described by the staff at the September 26, 2002 city council meeting; and that no later than April 2003 the results of those studies should be reported to the city council along with an updated cost estimate for the construction of the repair work; and that the report should also include alternatives for financing the repair and construction work.

Armanini moved to advance Ordinance 881 to final action calendar. Thompson seconded. The motion carried unanimously.

Thompson moved to adopt Resolution 736/Authorizing Mayor to Sign Amendment to Jail Services Contract with Yakima County. Sterner seconded.

In response to a question from Cmbr. Armanini, Jacobson discussed the changes made to medical and daily fees. Jacobson said he would get more information as to the rationale for these changes.

With the consent of the council, Resolution 736 was held over to the October 24, 2002 council meeting and will remain on second reading calendar.

Armanini moved to amend Resolution 737 as follows:

Page 1, line 20: "…to the impact of Initiative 695 and other anti tax initiatives voter approved initiatives and actions of the state legislature; and…"

Herzog said that the council should give equal attention to other ballot measures such as Initiative 790. Jacobson noted that there is not sufficient time to schedule public hearings on other ballot measures as required prior to council action.

Thompson moved to adopt Resolution 737. Goss seconded. The motion carried 6-1 (Aye - Kiest, Armanini, Thompson, Goss, Sterner, Olstad; Nay - Herzog).

With the consent of the council, Ordinance 878/Relating to Use of City Credit Cards was presented for further discussion.

Kiest stated that he did not believe that the controls as proposed are sufficient and would not support the ordinance as written. He stated that he would like to discuss this ordinance further with the finance director prior to council action. Council agreed to hold Ordinance 878 on second reading for the October 24, 2002 meeting.

In response to a question from Armanini, Jacobson discussed the possible addition of a full-time city engineer as part of the 2003 budget. He recommended that council authorize the mayor to sign a professional services agreement with Engineering Consultant Group (ECG) for interim city engineering services.

Thompson moved to amend Resolution 738 as follows:

Page 1, line 5: "…TO SIGN A PERSONAL PROFESSIONAL SERVICES AGREEMENT…."

Page 1, line 12: "…a proposed personal professional services agreement with Charles E. Price ECG Engineering Consulting Group for interim city engineering services…."

Olstad moved to adopt Resolution 738/Authorizing Mayor to Sign Professional Services Agreement for Interim City Engineering Services. Herzog seconded. The motion carried unanimously.

Hutchinson noted the timeline provided by Prothman for the city administrator recruitment process. Discussion followed on the length of the personal services agreement for the new city administrator. In response to a question from Thompson, Hutchinson discussed the proposed interview process.

Thompson moved to adopt Resolution 739/Authorizing Mayor to Sign Professional Services Agreement with Prothman Company for City Administrator Search. Herzog seconded.

In response to questions from Olstad, Jacobson discussed the qualifications of the firm and the scope of work proposed by Prothman. Jacobson also discussed the timing and process for checking references.

Thompson moved to adopt Resolution 740/Authorizing Mayor to Sign Agreement with King County Transit for Layover at Interim City Hall Property. Armanini seconded. The motion carried unanimously.

Armanini moved to amend Ordinance 882 as follows:

Page 1, line 42: "2.08.010 Treasurer and Clerk--Appointment."

Thompson seconded. The motion carried unanimously.

Armanini moved to amend as follows:

Page 3, line 2: "…Finance director--Responsibility--Initial Salary Duties and Compensation.

Page 1, line 30: "…Finance director--Responsibility--Initial Salary Duties and Compensation.

Page 5, line 28: "…Director--Responsibility--Initial Salary Duties and Compensation.

Page 1, line 39: "…Director--Responsibility--Initial Salary Duties and Compensation.

Armanini moved to amend as follows:

Page 5, lines 38-40: "…The director’s initial annual salary shall be a prorated amount of $58,000 commencing upon date of appointment and prorated monthly for the remainder of the year 1998. The director shall receive those benefits…"

Herzog moved to amend Ordinance 882 as follows:

Page 3, line 28: "…There is established the position of accountant. The salary compensation shall be $27,500 to…"

Thompson moved to amend as follows:

Page 1, line 44: "…a majority vote of the city council."

Page 2, line 12: "…a majority vote of the…"

Page 2, line 31: "…a majority vote …"

Page 3, line 5: "…confirmation by majority of the city council…"

Page 5, line 30: "…by a majority of the city council…"

Thompson noted that if the administration is contemplating a change for positions in public works and public services, an ordinance should be drafted to reflect this change for council approval.

Thompson moved to advance Ordinance 882 to final action calendar. Armanini seconded. The motion carried unanimously.

Hutchinson noted that several local businesses have given donations to support the use of bicycle helmets.

With the consent of the council, Ordinance 883/Requiring Helmet Use when Operating Bicycles, Skateboards, Roller Skates and Scooters will remain on second reading for the December 12, 2002 meeting.

Thompson moved to direct the administration to proceed with specific next steps related to proposal as outlined by staff for a pilot program for sewering unsewered areas in Lake Forest Park.

Armanini requested that this topic of discussion be held for the October 17, 2002 study session.

Discussion followed on how administration will identify which properties will be included in the pilot program and residents who have expressed interest in having their property sewered.

Thompson moved to adopt Ordinance 881/Establishing Forest Park Drive as a One-Way Westbound Street Between 25^th Avenue Northeast and 19^th Avenue Northeast.

Armanini moved to adopt Ordinance 882/Adopting Technical Amendments to LFPMC 2.08 Relating to Appointment of City Officers.

Kiest reported on human services issues as discussed by the Regional Policy Committee.

Thompson noted that the city council would meet in a special session for a dinner on October 16, 2002 at 6:30 p.m. to honor City Administrator Doug Jacobson and his wife.

Although Cmbr. Kiest was unable to attend, Thompson stated that the council budget committee had met on October 3, 2002 to discuss items in the proposed budget. He noted the budget schedule as presented by the finance director and council budget committee.

Hutchinson noted his meeting with a senior housing group to discuss the development of an "overlay zone" ordinance to facilitate development of senior housing. Discussion followed regarding the issue of committing to a time schedule for council review.

The council agreed that the letter from the Washington Coalition for Tribal Self-Reliance should be placed on the October 17, 2002 city council study session agenda.

City Attorney Ruark reported that that the public hearing for the conditional use permit for the Onnuri Church is scheduled of October 22, 2002 and that a decision would not be made prior to the expiration of the real estate purchase and sale agreement. Therefore, the Onnuri Church has requested an extension.

With the recommendation of the city attorney, Thompson moved to authorize the mayor to sign an extension of the purchase and sale agreement through November 30, 2002. Armanini seconded. The motion carried unanimously.

There being no objection, the meeting was adjourned at 10:45 p.m.

Susan Stine, City Clerk

APPROVED:

David R. Hutchinson, Mayor

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