Councilmembers present: Dwight Thompson, Mayor pro tempore; Alan Kiest, Mary Jane Goss, Nate Herzog, Roger Olstad, Ed Sterner

Councilmember excused: Carolyn Armanini

Staff present: David R. Hutchinson, Mayor; Karen Haines, City Administrator; Michael Ruark, City Attorney; Dennis Peterson, Police Chief; Frank Zenk, Public Works Operations Director; Sarah Phillips, Government & Community Relations Manager; Susan Stine, City Clerk

Others present: Six visitors

Mayor Hutchinson called the meeting to order at 7:38 p.m.

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

Hutchinson opened the public hearing on the 2004 Community Development Block Grant (CDBG) Allocation at 7:39 p.m.

There being no comments, the public hearing was closed at 7:40 p.m.

Hutchinson reported on two accidents--one at Cherry Hill Apartments involving a vehicle delivering roofing materials and another accident at a construction site outside the city.

Hutchinson reported on a ballot measure regarding the number of county council members and shared information regarding the loss of state revenue.

Hutchinson requested to add an executive session to discuss potential litigation on two topics for approximately 15 minutes.

Cmbr. Thompson noted he would like to discuss the Rules Committee report after citizen comments.

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

Mamie Bolender, 16730 32^nd Place NE, extended invitations to council and staff to attend the official opening of Brookside Creek on October 3, 2003, at 4:00 p.m.

Hutchinson thanked the Stewardship Foundation for their leadership on this project.

Thompson noted the committee’s report and discussed the various appointments and chairs for the three committees. He also discussed a recommendation from the rules committee to retain the option for a third Thursday meeting, as needed, as a study session when topics arise that are complex in nature and need extended time for the council to discuss and research.

Cmbr. Sterner requested to pull the September 11, 2003 council study session minutes from the consent calendar.

Sterner moved to amend the September 11, 2003 study session minutes as follows:

Page 1, line 10: Councilmember absent excused: Nate Herzog

Thompson moved to adopt the consent calendar as amended as follows:

1. September 11, 2003 Council Study Session Minutes
2. September 11, 2003 Council Regular Meeting Minutes
3. September 25, 2003 Finance Committee Report covering warrant nos. 44227 through 44302 in the amount of $90,474.01drawn from the claims clearing fund and warrant nos. 25201 through 25277 in the amount of $139,477.23 drawn from the payroll clearing fund and bank service fee from checking account in the amount of $601.85.
4. Resolution 805/Authorizing 2004 Community Development Block Grant Allocation
5. Resolution 806/Authorizing Mayor to Sign Contract for Conflict Public Defense Services

Public Works Operations Director Frank Zenk noted this position was included in the 2003 budget. He requested council to authorize staff to hire for this position for work related to the King County inflow and infiltration project.

Thompson moved to authorize the Mayor to proceed with hiring for the maintenance worker position. Olstad seconded. The motion carried unanimously.

Cmbr. Kiest asked City Attorney Mike Ruark if the city was taking a somewhat neutral path and would not jeopardize its authority by adoption of this ordinance. Ruark stated that his opinion differs from the county’s legal opinion; however, he said that the city is exercising its authority by incorporating the county rules and adopting this ordinance.

Discussion followed on incorporating King County rules, by reference, on the use of the Burke-Gilman Trail and the city’s role in enforcement of those rules.

Kiest noted additional information is being sought and therefore requested that Resolution 795/Authorizing Mayor to Sign Interlocal Agreement for Statewide Mobilization Plan remain on second reading calendar for the October 9, 2003 regular council meeting.

After some discussion, Thompson moved to amend Ordinance 894/Amending LFPMC 2.06.010 Relating to Time and Place of Council Meetings as follows:

Page 1, line 26: "…6 p.m. to 7:15 p.m…."

After further discussion, Thompson moved to amend Ordinance 894 as follows:

Page 1, line 26: "…6 p.m. and the third Thursday of each month at 7:30..."

Thompson noted this amendment would allow council to cancel the third meeting if it was deemed not needed.

Herzog expressed some concern that a third meeting would become regular rather than occasional. He also noted that the proposal to cancel meetings sends the wrong message to the public and could cause confusion for citizens who are interested in city business.

After further discussion, the maker and seconder withdrew the motion.

Thompson moved to advance Ordinance 894 as amended to final action calendar. Cmbr. Goss seconded. The motion carried unanimously.

Thompson moved to advance Ordinance 901/Adopting King County Rules for Burke Gilman Trail, Providing for Prosecution of Violations in Lake Forest Park Municipal Court to final action calendar. Goss seconded. The motion carried unanimously.

Herzog moved to adopt Ordinance 898 Granting to VoiceStream PSC III Corporation the Right, Privilege, Authority and Franchise to Construct, Maintain, Repair, Replace and Operate a Telecommunications System in Franchise Area. Goss seconded. The motion carried unanimously.

Sterner moved to adopt Ordinance 901/Adopting King County Rules for Burke Gilman Trail, Providing for Prosecution of Violations in Lake Forest Park Municipal Court. Goss seconded. The motion carried unanimously.

Thompson moved to adopt Ordinance 894/Amending LFPMC 2.06.010 Relating to Time and Place of Council Meetings. Goss seconded. The motion carried unanimously.

Goss reported on her attendance at the Association of Washington Cities regional meeting and noted various topics of interest discussed at the meeting.

In response to Thompson, City Administrator Haines discussed the draft budget calendar and noted copies will be distributed to council.

In response to a question from Goss, City Attorney Ruark noted for the record that there is no conflict of interest for Cmbr. Goss related to her appointment to the council local government committee due to her association as an independent contractor with Windermere Real Estate.

At 8:38 p.m., Hutchinson noted that the next item on the agenda is an executive session requiring approximately 15 minutes for discussion of potential litigation related to two items. Those not required to remain for the executive session exited the chambers at this time.

A five-minute recess was called for at 8:40 p.m.

The meeting resumed at 8:45 p.m.

The meeting was recessed to executive session at 8:46 p.m. for approximately 15 minutes for discussion of potential litigation.

At 9:02 p.m. the executive session was extended for approximately 15 minutes.

At 9:18 p.m. the executive session was extended for approximately 15 minutes.

The regular meeting was resumed at 9:34 p.m.

Sterner moved to authorize payment to Olympic Associates of $900.00 as reimbursement for a King County permit purchased on behalf of the city upon receipt of confirmation of payment.

Sterner moved to authorize the city to offer to Olympic Associates in full satisfaction of all claims the amount of $2,831.

Thompson moved to cancel the November 27, 2003 study session and regular council meetings (Thanksgiving Day) and December 25, 2003 study session and regular council meetings (Christmas Day). Herzog seconded. The motion carried unanimously.

Thompson moved to schedule council special meetings as follows:

Thursday, November 6, 2003

Thursday, November 20, 2003 and

Thursday, December 18, 2003

Thompson expressed his concern that the final scheduled meeting is December 11, and he supported scheduling a special meeting on December 18 for approval of warrants and other necessary business.

There being no objection, the meeting was adjourned at 9:40 p.m.

Susan Stine, City Clerk

David R. Hutchinson, Mayor

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