Councilmembers present: Alan Kiest, Carolyn Armanini, Dwight Thompson, Mary Jane Goss, Nate Herzog, Roger Olstad, Ed Sterner

Staff present: David R. Hutchinson, Mayor; Michael Ruark, City Attorney; Dennis Peterson, Police Chief; Frank Zenk, Director of Public Services; Scott Walker, Public Works Field Supervisor; Ty Peterson, Planning Manager; John Hawley, Finance Director; Sarah Phillips, Government & Community Relations Manager; Susan Stine, City Clerk

Others present: Five visitors

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

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

Hutchinson reported on the recruitment process for a new city administrator. He noted recent discussions of the King County Health Board regarding the septic system permit process.

At the request of the mayor, Cmbr. Armanini reported on the land bank task force and discussions regarding the proposed use of the Aldercrest site.

In response to a question from Cmbr. Kiest, Chief Dennis Peterson said he would check on issues related to sentencing and transporting DUI offenders to jail.

Hutchinson added discussion of potential litigation involving a personnel matter in executive session to the agenda.

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

Dave Crawford, 17230 Brookside Blvd NE, discussed repair solutions for Forest Park Drive, his concern about the proposed elimination of funding in the 2003 budget for library rent, and the proposed ordinance to require bicycle helmet use.

Roger Loschen, 3742 NE 187^th St., expressed his concern regarding proposed Ordinance 877/ Amending LFPMC 18.52.080 to Eliminate Permit Requirement for a Sign Permit. He spoke against the proposed ordinance and encouraged the council to keep the existing regulations and to preserve the city’s natural beauty.

Director of Public Services Frank Zenk introduced Scott Walker to council and announced that Scott has been promoted to the position of public works field supervisor.

Mayor Hutchinson introduced Michael Mulhern, his nominee for the Parks and Recreation Commission, Position 1, for the term ending March 31, 2004. Mulhern discussed his background and experience and expressed his interest in serving on the Parks and Recreation Commission.

Armanini expressed her appreciation of his willingness to bring his expertise and perspective as a volunteer to the city.

It was noted that final confirmation would take place at the November 7, 2002 council meeting.

Thompson moved to approve the consent calendar as follows:

1. September 26, 2002 council regular meeting minutes
2. October 24, 2002 finance committee report covering warrant nos. 42310 through 42422 in the amount of $89,847.36 drawn from the claims clearing fund and warrant nos. 23438 through 23509 in the amount of $124,356.11 drawn from the payroll clearing fund. Automatic withdrawal from the checking account in the amount of $340.16 for October bank service fee on 10/31/02.

Hutchinson noted that first reading calendar items would be considered until King County Council Member Edmonds arrives.

Finance Director John Hawley briefed council on the proposed drainage utility fee increase and inflationary costs and compared the increase with what other cities are charging for drainage utility fees.

Cmbr. Armanini requested that a quarterly report be sent to Congressman Jay Inslee regarding costs related to the Endangered Species Act.

In response to a question from Cmbr. Goss, Planning Manager Peterson discussed stream flow volumes and the Shoreline Management Act.

After some discussion, Cmbr. Herzog moved to schedule Resolution 741/Approving 2003 Drainage Utility Fee Increase to the November 7, 2002 second reading calendar agenda.

Metropolitan King County Council Member Carolyn Edmonds discussed a document on the King County Budget as proposed by King County Executive Ron Sims. She discussed the cuts made to parks, public health, human services, sheriff’s office, court, and criminal justice. Cmbr. Edmonds responded to questions from council on various issues included in the budget. She encouraged council to comment and give feedback on the proposed budget.

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

Resolution 742/Accepting Completion of Contract for Lyon Creek Waterfront Demolition Project,

Resolution 743/Authorizing the Mayor to Sign Accretion Agreement Addendum with Sergeants Guild,

Resolution 744/Authorizing the Mayor to Sign Agreement Amendment with John Galt for Hearing Examiner Services Compensation,

Resolution 745/Authorizing the Mayor to Sign Agreement with King County for Reimbursement of Costs Related to Brightwater Environmental Impact Statement Review,

Resolution 746/Awarding Bid for Construction of Pedestrian Improvements to Bothell Way Northeast and Ballinger Way Northeast to Precision Earthworks, Inc.

Thompson moved to advance Ordinance 886/Prohibiting Operation of Motor Vessels on the Waters of Lake Washington Adjacent to Lyon Creek Waterfront Preserve to second reading calendar at the November 7, 2002 special council meeting.

Police Chief Dennis Peterson stated that he is still waiting for a response from Yakima County to the questions asked by council at the October 17, 2002 council meeting and suggested that this be delayed until the November 7, 2002 council meeting.

Armanini moved to keep Resolution 736 on second reading calendar for the November 7, 2002 meeting. Sterner seconded. The motion carried with six votes (Thompson out of chambers).

Cmbr. Herzog moved to amend Ordinance 877 as follows:

Page 2, line 22: "…A violation of subsection 1.B. of this ordinance shall be an infraction subject to a fine of $100.00 a day or portion thereof.

Herzog moved to amend Ordinance 877 as follows:

Page 2, line 23: "...thereof. A violation of any other subsection of this ordinance shall be an infraction subject to a fine of $25.00 a day or portion thereof."

Page 2, line 26: "…effective midnight December 31, 2005 4 …"

Page 1, line 10: "… effective December 31, 2005 4…"

Thompson moved to advance Ordinance 877 to final action calendar. Herzog seconded. The motion carried 5-2 (Aye-Thompson, Goss, Herzog, Sterner, Olstad; Nay - Kiest, Armanini).

At the request of Chief Peterson, Thompson moved Ordinance 886/Prohibiting Operation of Motor Vessels on the Waters of Lake Washington Adjacent to Lyon Creek Waterfront Preserve to second reading calendar tonight instead of November 7, 2002 council meeting calendar.

With the consent of the council, Ordinance 886 will be taken out of order and discussed next on the agenda.

Chief Peterson noted that Ordinance 886 was brought to council as a result of the conditional use permit for the park. Planning Manager Ty Peterson explained the provisions of the conditional use permit prohibiting operation of motor vessels on the waters of Lake Washington adjacent to Lyon Creek Waterfront Preserve. Peterson discussed enforcement issues in response to questions from council.

Armanini asked if an emergency clause should be added to this resolution.

Sterner moved to amend Ordinance 886 as follows:

Page 1, line 11: "…RESTRICTED AREA, AND DECLARING AN EMERGENCY."

Page 1, line 44: "This ordinance shall take effective after publication and posting as provided by law Declaration of Emergency. The operation of the preserve is subject to a condition in the conditional use permit for the Lyon Creek Waterfront Preserve, that the operation of the preserve is subject to the adoption of the restrictions provided for in the ordinance. The Preserve is scheduled to open October 26, 2002. To comply with the conditions of the conditional use permit, the City Council declares an emergency, and the ordinance shall go into effect immediately."

Thompson requested that staff members perfect the language in Ordinance 886 and present it for further discussion later in the meeting.

It was the consensus of the council to hold Ordinance 878 on second reading for the November 7, 2002 special council meeting.

Thompson moved to approve Resolution 742/Accepting Completion of Contract for Lyon Creek Demolition Project. Armanini seconded. The motion carried unanimously.

Armanini moved to adopt Resolution 743/Authorizing the Mayor to Sign Accretion Agreement Addendum with Sergeants Guild. Sterner seconded. The motion carried unanimously.

Thompson moved to adopt Resolution 744/Authorizing the Mayor to Sign Agreement with John Galt for Hearing Examiner Services Compensation. Goss seconded.

Sterner moved to amend Resolution 744 as follows:

Page 1, line 22: "…mileage, photocopying and postage expenses, and shall provide such records to or for review by the City whenever requested by the City. Unless otherwise agreed to in advance and in writing by the City, the City shall not be liable for mileage or any other expenses incurred by Galt in the performance of his duties under this contract."

Kiest seconded. The motion to amend carried unanimously.

Hutchinson noted Resolution 745/Authorizing the Mayor to Sign Agreement with King County for Reimbursement of Costs Related to Brightwater Environmental Impact Statement Review would be held over to the November 7, 2002 council meeting second reading calendar.

Thompson moved to adopt Resolution 746/Awarding Bid for Construction of Pedestrian Improvements to Bothell Way Northeast and Ballinger Way Northeast to Precision Earthworks, Inc. Kiest seconded. The motion carried unanimously.

City Attorney Mike Ruark presented his recommendations for corrections to Section 2 - Restricted Area of Ordinance 886.

Kiest moved to amend Ordinance 886 as follows:

Page 1, line 30: "…southern northern…"

Page 1, line 31: "…north south…"

Page 1, line 32: "… southern northern… north south…"

Page 1, line 33: "…southern northern…"

Page 1, line 34: "…northern southern…"

Thompson moved to advance Ordinance 886/Prohibiting Operation of Motor Vessels on the Waters of Lake Washington Adjacent to Lyon Creek Waterfront Preserve to final action calendar. Herzog seconded. The motion carried unanimously.

Thompson moved to adopt Ordinance 877/Amending LFPMC 18.52.080 to Eliminate Permit Requirement for a Sign Permit. Herzog seconded.

Thompson said this eliminates the $5 permit requirement, which he believes has been inefficient. He noted that signage can be regulated in another way as provided for in this ordinance.

Armanini expressed concern about the issue of enforcement if the permit process is eliminated as described by the planning department.

Kiest referred to comments given by interested citizens and stated that he would vote with the testimony to continue to have an enforcement mechanism and to continue to educate people to comply with the law.

Olstad said that this ordinance provides the opportunity to find out in the next couple of years if eliminating the permit requirement will work.

Goss said that she is an independent contractor and does not represent a real estate company. She noted that the penalties could be a source of revenue for the city.

Herzog discussed his support for this ordinance and noted that 38 other cities in the county do not require permit to regulate signs.

Thompson moved to adopt Ordinance 886/Prohibiting Operation of Motor Vessels on the Waters of Lake Washington Adjacent to Lyon Creek Waterfront Preserve. Herzog seconded. The motion carried unanimously.

A five-minute recess was called for at 9:28 p.m.

The meeting was resumed at 9:38 p.m.

Finance Director John Hawley presented an overview of the Mayor’s 2003 proposed budget and noted the schedule for budget workshops, public hearings, and proposed date for the adoption of the budget. Hawley discussed the proposed budgets for the city council and legal services and the executive and finance departments.

City Clerk Susan Stine presented information regarding the proposed 2003 municipal services department budget and discussed the need for continued emphasis on improvements in records management. Stine expressed her interest in ensuring the continuation of the current level of library services provided in the city.

Thompson moved to cancel the December 26, 2002 regular council meeting. Armanini seconded. The motion carried unanimously.

At 10:50 p.m., Hutchinson noted that the next item on the agenda is an executive session of approximately 20 minutes for discussion of potential litigation regarding a personnel matter. Those not required to remain for the executive session exited the council chambers at this time.

There was no objection to Thompson’s request to extend adjournment to 11:15 p.m. and proceed to the executive session.

At 10:53 p.m., the meeting was recessed to executive session for approximately 20 minutes for discussion of potential litigation regarding a personnel matter.

At 11:15 p.m., the executive session was extended for 20 minutes.

The meeting was resumed at 11:42 p.m.

There being no objection, the meeting was adjourned at 11:43 p.m.

Susan Stine, City Clerk

APPROVED:

David R. Hutchinson, Mayor

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