Councilmembers present: Alan Kiest, Carolyn Armanini, Dwight Thompson, Mary Jane Goss (8:25 p.m.), Nate Herzog, Roger Olstad

Councilmember excused: Ed Sterner

Staff present: David R. Hutchinson, Mayor; Karen Haines, City Administrator; Michael Ruark, City Attorney; Dennis Peterson, Police Chief; Ty Peterson, Planning Manager; John Hawley, Finance Director; Neil Jensen, City Engineer; Susan Stine, City Clerk

Others present: Six visitors

Mayor Hutchinson called the meeting to order at 7:37 p.m.

Cmbr. Thompson led council in the pledge of allegiance.

Hutchinson reported on transportation issues, National Night Out events, Senator Hillary Rodham Clinton’s book signing event at Third Place Books on August 6, Picnic in the Park and the conference of mayors meeting. He also noted receipt of a letter from Anne and David Stadler regarding the Tonasket Resolution.

Cmbr. Armanini requested that the administration pursue the proposed interlocal agreement with the Shoreline School District regarding public use of school facilities. Armanini noted that a similar agreement between the city of Shoreline and the school district is in effect and is the model for the city’s proposed agreement.

Hutchinson requested that the Tonasket Resolution referenced in the letter from Anne and David Stadler be added to new topics for discussion.

Cmbr. Herzog requested that the following items be removed from the consent calendar and placed on the first reading calendar:

8. Resolution 799/Authorizing Mayor to Sign Professional Services Agreement with Consultant for Municipal Court Study
9. Resolution 800/Ratification of Countywide Planning Policies Growth Management Planning Council Amendments

Armanini requested that excusing her absence from the September 25, 2003 council special study session meeting and regular meeting be added to the consent calendar.

Cmbr. Olstad moved to amend the proposed agenda as requested by Herzog and Armanini. Cmbr. Kiest seconded. The motion to amend carried unanimously.

There was no objection to Kiest’s request that item 4) Resolution 795/Authorizing Mayor to Sign Interlocal Agreement for Statewide Mobilization Plan be removed from the consent calendar and placed on first reading.

Thompson moved adoption of the agenda as amended. Armanini seconded. The motion carried unanimously.

Robert Sindelar, 2910 NE 180^th St., said he is a city resident and the manager of Third Place Books. He noted sign code restrictions on outside signage for indoor mall shops and the impact on two potential restaurant leases. He asked council to consider changes to the sign code to allow for such outside signage.

Sindelar expressed his appreciation for the assistance of the police department for the August 6 book-signing event by Senator Hillary Rodham Clinton.

Donald Koontz, 16901 26^th Ave. NE, expressed his interest in sewers for his neighborhood and encouraged the council to implement a plan for installing sewers in unsewered areas.

Joe Hauth, 16911 26^th Ave. NE, said he supports Mr. Koontz’s request for sewers. Hauth said that homeowners need some certainty regarding when sewers will be available for all households.

Steven McFarlane, 17724 25^th Ave. NE, expressed his concern regarding speeding on his residential street and noted that a four-foot fence is not an effective safety or sound barrier. He asked council to consider allowing six-foot fences along arterial streets without requiring a variance.

Hutchinson noted that his nominee John Peterson is not present.

Armanini moved to confirm the appointment of Rick Purn to the Parks and Recreation Commission, Position 9, term ending March 31, 2006. Olstad seconded. The motion carried unanimously.

There was no objection to Thompson’s suggestion to hold over the confirmation review of John Peterson until August 28, 2003 if he is available.

Thompson moved to approve the consent calendar as follows:

1. July 24, 2003 Council Study Session Minutes
2. July 24, 2003 Council Regular Meeting Minutes
3. August 14, 2003 Finance Committee Report covering warrant nos. 44001 through 44114 drawn from the claims clearing fund in the amount of $408,444.54 and warrant nos. 24936 through 25029 drawn from the payroll clearing fund in the amount of $188,558.64.
4. Resolution 796/Authorizing Mayor to Sign Contract with Hammond Collier Wade Livingstone for Surveying Services for Cole Nature Park
5. Resolution 797/Authorizing Mayor to Sign Contract with Shannon & Wilson for Geotechnical Report for Cole Nature Park
6. Resolution 798/Authorizing Mayor to Sign Professional Services Agreement with ECG Inc. for Design Engineering for Forest Park Drive Slide Repair Project
7. Excuse Cmbr. Armanini’s Absence at September 25, 2003 Council Special Study Session Meeting and Regular Meeting.

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

1. Resolution 795/authorizing Mayor to Sign Interlocal Agreement for Statewide Mobilization Plan
2. Resolution 799/Authorizing Mayor to Sign Professional Services Agreement with Consultant for Municipal Court Study
3. Resolution 800/Ratification of Countywide Planning Policies Growth Management Planning Council Amendments

In response to questions from councilmembers, City Attorney Michael Ruark discussed restrictions regarding use of public facilities for political purposes.

Thompson moved adoption of Resolution 794/Adopting Rules and Regulations for Use of City Facilities. Armanini seconded.

In response to a question from Cmbr. Herzog, Ruark noted that the firearms prohibition is allowed because the city may set the terms for use of the city facilities. Kiest asked for signage to that effect.

Thompson moved approval of Resolution 766/Amending Fee Schedule for Meeting Room Use. Armanini seconded. The motion carried unanimously.

Thompson moved to delay consideration of Resolution 801/Authorizing Mayor to Sign Employment Agreement with Dennis Peterson as Police Chief until after the scheduled executive session. Olstad seconded. The motion carried unanimously.

In response to questions from Kiest regarding the current disaster agreement, Peterson discussed issues related to liability and cost recovery if the mobilization plan is implemented.

Cmbr. Goss arrived at the meeting at 8:25 p.m.

Chief Peterson requested that council hold Resolution 795/Authorizing Mayor to Sign Interlocal Agreement for Statewide Mobilization Plan on second reading so that more information can be provided in response to Kiest’s questions.

City Administrator Haines requested an amendment to the agreement on Page 2, Lines11-12.

Thompson moved approval of Resolution 799/Authorizing Mayor to Sign Professional Services Agreement with Consultant for Municipal Court Study. Olstad seconded.

Herzog moved to amend Resolution 799/Authorizing Mayor to Sign Professional Services Agreement with Consultant for Municipal Court Study as follows:

Page 2, lines 11-12: "…acceptable to the City. The City shall be named as an additional insured. "

In response to questions from councilmembers, Haines discussed Ms. Jeffries’s qualifications, expertise and recent experience with a similar study for Kirkland and the Point cities.

In response to questions from Cmbr. Herzog, Planning Manager Ty Peterson discussed the potential impacts of not being a ratifying city and noted that such impacts are minor.

Armanini noted that planners developed the employment targets, which include some underlying policy issues.

In response to questions from Thompson regarding the employment targets, Peterson discussed current numbers associated with city businesses and noted that the city is not required to make any guarantees regarding the targets.

Kiest said that he agrees with Armanini’s remarks, but he stated that the city had been well represented by staff in these discussions.

Cmbr. Goss noted the importance of planning among the council’s responsibilities. Goss commented that approval of the amendments would not require sacrificing the city’s identity.

Kiest moved to take no action on Resolution 800/Ratification of Countywide Planning Policies Growth Management Planning Council Amendments. The motion died for lack of a second.

Olstad moved adoption of Resolution 800/Ratification of Countywide Planning Policies Growth Management Planning Council Amendments. Goss seconded. The motion failed 2-4 (Aye—Olstad, Goss; Nay—Armanini, Kiest, Thompson, Herzog).

Kiest said although it is the council’s responsibility to develop policy, he said that he valued and appreciated the work of Planning Manager Ty Peterson in the discussions regarding the Growth Management Planning Council amendments related to employment targets.

Herzog moved to excuse the absence of Cmbr. Ed Sterner at tonight’s meeting. Armanini seconded. The motion carried unanimously.

In response to a question from Hutchinson, councilmembers discussed the appropriateness of consideration of a resolution similar to the Tonasket Resolution. Following some discussion, councilmembers agreed that the council’s energy is better spent on providing good local government.

In response to a question from Thompson, Haines noted that the financial analysis for sewering unsewered areas is scheduled for presentation at the August 28, 2003 study session.

Kiest reported that he has accepted appointment to the steering board for Reinvesting in Youth.

At 8:52 p.m., Hutchinson noted that the next item on the agenda is an executive session requiring approximately 45 minutes covering personnel matters, real estate matters, potential litigation and labor negotiations.

A five-minute recess was called for at 8:53 p.m.

The meeting resumed at 8:59 p.m.

The meeting was recessed to executive session at 9 p.m. for approximately 45 minutes for discussion of personnel matters, real estate matters, potential litigation and labor negotiations.

At 9:55 p.m., the regular meeting was resumed.

Thompson moved to extend the executive session for an additional 45 minutes for discussion of potential litigation and labor negotiations. Kiest seconded. The motion carried unanimously.

At 10 p.m., Armanini exited the meeting.

At 10:01 p.m., the meeting was recessed to executive session for approximately 45 minutes for discussion of potential litigation and labor negotiations.

The regular meeting was resumed at 10:34 p.m.

Kiest moved adoption of Resolution 801/Authorizing Mayor to Sign Employment Agreement with Dennis Peterson as Police Chief. Thompson seconded. The motion carried unanimously.

Thompson moved that the administration respond with feedback from the Planning Commission and the Economic Development Commission on the issues related to the sign amortization ordinance by November 1, 2003. Kiest seconded. The motion carried unanimously.

There being no objection, the meeting was adjourned at 10:37 p.m.

Susan Stine, City Clerk

David R. Hutchinson, Mayor

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