Councilmembers present: Alan Kiest, Carolyn Armanini, Dwight Thompson, Mary Jane Goss, Nate Herzog, Roger Olstad, Ed Sterner
Staff present: David R. Hutchinson, Mayor; Karen Haines, City Administrator; Michael Ruark, City Attorney; Rosemary Larson, Assistant City Attorney; Dennis Peterson, Police Chief; Sarah Phillips, Government & Community Relations Manager; Susan Stine, City Clerk
Others present: Eight visitors
CALL TO ORDER
Mayor Hutchinson called the regular meeting to order at 7:36 p.m.
FLAG SALUTE
Cmbr. Goss led council in the pledge of allegiance.
MAYOR’S REPORT
Hutchinson reported that the Association of Washington Cities annual conference is June 15-18 in Ocean Shores. He reported on other items of interest to council.
ADOPTION OF AGENDA
Cmbr. Kiest moved that items 1 and 2, Ordinance 905/Relating to City’s Sign Regulations and Ordinance 906/Relating to Legal Nonconforming Signs, be advanced to the June 24, 2004 agenda second reading calendar. Cmbr. Thompson seconded.
Cmbr. Armanini expressed her interest in remanding Ordinance 905 to the Economic Development Commission and Planning Commission to study and make a recommendation regarding the issue of signage for businesses in the mall interior that was raised at the May 27, 2004 public hearing.
The maker and seconder withdrew the motion.
Armanini moved to remand Ordinance 905, Relating to City’s Sign Regulations, to the Economic Development and Planning Commissions for the development of language concerning signage for those businesses located in the interior portions of the mall.
Thompson seconded. The motion carried unanimously.
Kiest moved to advance item 2, Ordinance 906/Relating to Legal Nonconforming Signs to second reading calendar at the June 24, 2004 regular council meeting.
Armanini seconded. The motion carried unanimously.
Thompson requested to pull Resolution 853/Awarding Bid for Horizon View Tennis Court Repair to Emerald Paving from the consent calendar and place on first reading calendar.
Thompson noted that the Council Rules Committee met and requests the addition to the agenda of an amendment to council rules immediately following adoption of the agenda.
Thompson also requested to pull item 9, Authorization to Hire for Associate Planner Position from the consent calendar and to place it on the first reading calendar.
Thompson moved to adopt the agenda as amended. Cmbr. Herzog seconded. The motion carried unanimously.
AMENDMENT TO COUNCIL RULES
Thompson moved to amend the council rules as follows:
"Rule 18. Mandatory Reconsideration – Mayor’s Veto
The motion for reconsideration of an ordinance—Ordinance Veto Override shall be placed as the first item on the Final Action Calendar at the next regular meeting following the filing of the Mayor’s Veto Message. The motion may not be tabled or postponed. The Mayor pro tem will chair the meeting during this agenda item. The Mayor, if present, may have up to three minutes to address the Council. Council discussion on the motion will follow.
At conclusion of discussion, if any, the mayor pro tem shall put the motion to a vote. Council members present shall cast an aye or nay vote unless they are recused. The vetoed ordinance must receive five affirmative votes to be adopted. Less than five votes for the ordinance shall mean that the veto is sustained."
Cmbr. Olstad seconded.
In response to a question from Armanini, Assistant City Attorney Rosemary Larson noted it is stated in the RCW a majority of the total council plus one is required to override the veto.
The motion carried unanimously.
Thompson noted item 4, Ordinance 907 Vetoed—Council Consideration is placed on final action calendar.
Thompson also requested that councilmembers consider dates for a special meeting to be set later in the meeting due to a number of items that require council discussion and action.
CITIZEN COMMENTS
Steve Danishek, 4626 NE 174th Place, expressed his concerns regarding safety issues on the Burke Gilman Trail and the need for Police Department enforcement.
Donovan Tracy, 15044 Beach Drive NE, said that he is misquoted in the draft May 27, 2004 council meeting minutes and requested an amendment to the minutes.
Douglas Hartwick, 17824 33rd Avenue NE, noted he uses the Burke Gilman Trail on a regular basis and recommended improvements in signage and pavement maintenance.
FINAL CONFIRMATION CALENDAR
Jeff Altman, Transportation Commission, Position 1, term
ending 3/31/2007
Peggy Gerdes, Transportation Commission, Position 4, term
ending 3/31/2005
John Wright, Transportation Commission, Position 5, term
ending 3/31/2005
Jon Skamser, Transportation Commission, Position 7, term
ending 3/31/2006
Thompson moved to confirm the following to serve on the Transportation Commission:
Jeff Altman, Transportation Commission, Position 1, term
ending 3/31/2007
Peggy Gerdes, Transportation Commission, Position 4, term
ending 3/31/2005
John Wright, Transportation Commission, Position 5, term
ending 3/31/2005
Jon Skamser, Transportation Commission, Position 7, term
ending 3/31/2006
Cmbr. Goss seconded. The motion carried unanimously.
CONSENT CALENDAR
Armanini requested to pull the May 27, 2004 council regular meeting minutes from the consent calendar.
After some discussion, Armanini moved to amend the May 27, 2004 council meeting minutes as follows:
Page 3, line 39: "… He noted that he has nothing but
contempt for been disappointed with King County based on
previous actions and reminded the council of the impact that Mercer Island
residents had on the I-90 project."
Goss seconded. The motion carried unanimously.
Thompson moved to approve the consent calendar as follows:
Cmbr. Sterner seconded. The motion carried unanimously.
FIRST READING CALENDAR
Authorization to Hire Provisional Police Officer
Chief of Police Dennis Peterson noted that the police department has several vacancies, and he requested authorization to hire two provisional police officers.
Following some discussion, Kiest moved to amend the request to authorize the police department to hire two provisional police officers. Olstad seconded. The motion to amend carried unanimously.
Resolution 849/Adopting a Policy Relating to Meal and Food Expenses
Kiest moved to advance Resolution 849/Adopting a Policy Relating to Meal and Food Expenses to second reading calendar.
Thompson seconded. The motion carried unanimously.
Resolution 850/Authorizing the Mayor to Sign Letter to Amend
On-Call Services Agreement with Berryman & Henigar
Resolution 851/Authorize Expenditure from Public Safety
Department for Reinvesting in Youth
Resolution 855/Authorize Mayor to Sign Contract for
Interim Planner Position
Ordinance 910/Adopting 2003 International Building Code
and Other Construction Codes
Thompson moved to advance the following to second reading calendar:
Resolution 850/Authorizing the Mayor to Sign Letter to Amend
On-Call Services Agreement with Berryman & Henigar
Resolution 851/Authorize Expenditure from Public Safety Department
for Reinvesting in Youth
Resolution 855/Authorize Mayor to Sign Contract for Interim
Planner Position
Ordinance 910/Adopting 2003 International Building Code and
Other Construction Codes
Goss seconded. The motion carried unanimously.
SECOND READING CALENDAR
Proposed Interlocal Agreement on Burke Gilman Trail
Hutchinson distributed copies of an outline of a proposed interlocal agreement between the city and King County. City Administrator Karen Haines explained each of the understandings contained in the proposed interlocal agreement. She described the process by which decisions would be made related to the trail and the plan to establish a task force for this process.
Kiest noted since this was only presented to council tonight, discussion should be delayed to a future meeting.
In response to questions from Goss, Haines noted the various persons at the county with whom they worked on the proposed agreement.
Cmbr Sterner encouraged this and said this is a good start in drafting the interlocal agreement. He noted he did meet with County Council Carolyn Edmonds to discuss trail issues and said this is an excellent start.
Thompson moved to establish a council ad hoc committee with Cmbrs. Thompson, Armanini and Herzog as its members to address Burke Gilman Trail issues; to authorize referral of the proposed memorandum of agreement to the committee; and to charge the committee with the task to make recommendations to the council regarding the proposed memorandum of agreement. Herzog seconded. The motion carried unanimously.
Ordinance 909/Amending LFPMC 18.52.48 Relating to Conditional Use Permit Requirements for Trails
Thompson moved to hold over Ordinance 909/Amending LFPMC 18.52.48 Relating to Conditional Use Permit Requirements for Trails to the next meeting.
The motion died for lack of a second.
Councilmembers discussed issues related to proposed Ordinance 909 and information required for council review.
Olstad expressed his interest in referring the proposed ordinance to the ad hoc committee for its recommendations.
Armanini noted that the proposed ordinance and the proposed memorandum of agreement can move forward on parallel tracks and suggested that the council provide some direction to the city attorney on how to proceed.
Thompson asked how an application from King County would be reviewed if it were received today. Haines noted the various standards related to trails, clearing and grading, and shorelines that would apply.
Thompson asked for information regarding sight distance issues and safety standards.
In response to a question from Armanini, Haines said that the project would be subject to a SEPA review and determination. Haines noted that the county would be the lead agency and would do an environmental impact statement (EIS).
Thompson requested additional information regarding pavement or surface standards. He also requested information regarding possible covenants with the county for vegetation maintenance.
Haines noted that vegetation maintenance could be added to the memorandum of agreement and discussed enforcement of the agreement. Kiest discussed his understanding of how covenants can be used to enhance the code.
Thompson requested additional information regarding the city’s liability following the issuance of a permit for trail development.
Herzog moved to amend Ordinance 909 as follows:
Page 1, line 26-27:
"…the
board of adjustment, orhearing examineras appropriate…
Thompson seconded. The motion carried unanimously.
Armanini requested that the administration review the municipal code to find and delete all references to the board of adjustment.
Herzog said his concerns are related to the hearing examiner process and in providing clear language for staff interpreting the ordinance that eliminates ambiguity.
Sterner agreed with Herzog’s comments and expressed his interest in clear standards to be used for trails.
Olstad said he agreed with Cmbr. Herzog and noted that standards need to be spelled out with sufficient specificity to avoid misunderstandings or misinterpretation.
Goss requested information regarding the county maintenance schedule for the trail. She also asked if a survey is required when a permit application is made.
In response to a question from Armanini, Assistant City Attorney Larson said that she believes that she has been given sufficient direction to proceed with developing some planning standards for council consideration.
Resolution 853/Awarding Bid for Horizon View Tennis Court Repair to Emerald Paving
Herzog said that he and Cmbr. Olstad had concerns regarding the bids received and asked if the project should be re-bid.
Haines said that the city had received two bids, and the council is being asked to award the bid to Emerald Paving, Inc., the lower of the two bids. Because both bids were higher than the estimate, staff reviewed the low bid carefully and recommends awarding the bid to Emerald Paving, Inc. because of the company’s experience with such projects and recognizing the impact of higher fuel costs than was anticipated when the project was advertised.
Following further discussion, Herzog moved to adopt Resolution 853/Awarding Bid for Horizon View Tennis Court Repair to Emerald Paving. Sterner seconded. The motion carried unanimously.
Authorization to Hire for Associate Planner Position
Herzog moved authorization to hire for the associate planner position. Armanini seconded. The motion carried unanimously.
Resolution 849/Adopting a Policy Relating to Meal and Food Expenses
Thompson moved to adopt Resolution 849/Adopting a Policy Relating to Meal and Food Expenses. Kiest seconded. The motion carried unanimously.
Resolution 850/Authorizing the Mayor to Sign Letter to Amend On-Call Services Agreement with Berryman & Henigar
Kiest moved to adopt Resolution 850/Authorizing the Mayor to Sign Letter to Amend On-Call Services Agreement with Berryman & Henigar. Sterner seconded.
Armanini asked for an opportunity to review current and proposed rates for this agreement prior to adoption. Council agreed to take action on Resolution 850 at the end of the second reading calendar.
Resolution 851/Authorize Expenditure from Public Safety Department for Reinvesting in Youth
Kiest moved to adopt Resolution 851/Authorize Expenditure from Public Safety Department for Reinvesting in Youth. Goss seconded.
Kiest moved to amend Resolution 851 as follows:
Page 1, lines 20 and 23:
"…an amount of
$2,000$1,500 could be used…
"…to expend$2,000$1,500 for the Reinvesting in Youth…
Armanini seconded.
The motion to amend carried unanimously. (Council approved June 24, 2004)
Following discussion, Thompson suggested that the resolution title reflect the proposed change in amount also.
The motion carried unanimously.
Resolution 855/Authorize Mayor to Sign Contract for Interim Planner Position
Haines said administration is asking council to authorize staff to sign a contract with Waldron Resources or the Prothman Company for interim planning services. The interim planner would continue until the associate planner position is filled.
Armanini moved to adopt Resolution 855/Authorize Mayor to Sign Contract for Interim Planner Position. Kiest seconded. The motion carried unanimously.
Ordinance 910/Adopting 2003 International Building Code and Other Construction Codes
Thompson moved Ordinance 910/Adopting 2003 International Building Code and Other Construction Codes to final action calendar. Olstad seconded.
In response to a question from Kiest, Armanini noted that a staff presentation is scheduled for the June 24, 2004 council meeting.
The maker and seconder withdrew their motion.
In response to questions from Goss and Herzog, City Attorney Mike Ruark discussed the effective date for the new codes and other issues.
Resolution 850/Authorizing the Mayor to Sign Letter to Amend On-Call Services Agreement with Berryman & Henigar
In response to a question from Armanini, Haines said that information would be provided regarding current rates reflected on recent invoices.
After further discussion, Armanini moved to amend Attachment A, as follows:
"…effective
November 1, 2003June 10, 2004…
Goss seconded. The motion to amend carried unanimously.
The motion to approve Resolution 850 as amended carried unanimously.
FINAL ACTION CALENDAR
Ordinance 907 Vetoed—Council Consideration
In accordance with Council Rule 18, Mayor pro tempore Thompson chaired the meeting for council consideration of the Ordinance 907 veto.
Hutchinson said that he exercised his veto because he believed that Ordinance 907 should be set aside. He noted the reaction of the community and said that it makes sense to delay the process in order to get more information. He noted that his discussions with county representatives including County Executive Sims indicate that a memorandum of agreement is the right approach.
Sterner noted that the primary questions involve strategy and approach. He expressed concern regarding the potential for unintended consequences. He said that he has spoken with Cmbr. Edmonds regarding the county process, and he will vote to sustain the veto of Ordinance 907.
Olstad agreed with Cmbr. Sterner’s remarks and noted he will vote to sustain the veto also.
Herzog said he has wrestled with this issue and talked with his colleagues and citizens regarding the ordinance. He has concluded that communication between the city and county has not been effective and expressed his interest in an exact definition of pervious materials to be applied to this chapter of the code. He said that Ordinance 907 is a reasonable requirement if we come forth with the definition he has requested, and he will vote to override the veto of Ordinance 907.
The motion to override the mayoral veto of Ordinance 907 carried 5-2 (Aye—Kiest, Armanini, Thompson, Goss, Herzog; Nay—Olstad, Sterner).
Authorization to Hire Two Provisional Police Officers
Following a brief discussion, Armanini moved to authorize the chief to hire two provisional police officers with the limitation of no more than nine months of employment.
Goss seconded. The motion carried unanimously.
A five-minute recess was taken at 9:27 p.m.
The meeting was resumed at 9:43 p.m.
NEW BUSINESS
Council Reports
Kiest noted a King County Journal article regarding Comcast regulations and requested copies for council.
Armanini requested copies of a Seattle Times article for council regarding the bicycle and pedestrian path in Issaquah being built over wetlands.
Goss requested information regarding trail standards and other requirements.
Olstad noted that copies of stormwater standards were distributed. He reported on the recent WRIA 8 sponsored meeting with lakeside property owners.
Goss noted that councilmembers received a memorandum on the 153rd signalization project and associated changes for SR 522 proposed by WSDOT.
Herzog noted members of the finance committee met and discussed I-864 issues.
Herzog requested that staff prepare a thank you letter to Northshore Utility District for the June 3 dinner for councilmembers to sign.
Thompson stated that Cmbr. Goss has expressed her desire to serve on the ad hoc committee on the Burke Gilman Trail. Cmbr. Herzog said that Goss could serve in his place.
New topics for discussion
Definition of pervious materials
Herzog moved to direct staff to provide a definition of pervious materials for council consideration and adoption. Thompson seconded.
Following discussion, the motion carried unanimously.
At 9:59 p.m., Hutchinson noted that the next item on the agenda is an executive session for discussion of labor negotiations and personnel matters for approximately 45 minutes. Those not required to remain for the executive session exited the council chambers at this time.
A five-minute recess was called for at 10 p.m.
The meeting was resumed at 10:03 p.m.
Executive Session
The meeting was recessed to executive session at 10:04 p.m. for approximately 45 minutes for discussion of labor negotiations and personnel matters.
At 10:45 p.m., the executive session was extended for approximately 20 minutes.
The regular meeting was resumed at 11 p.m.
Set Special Meeting Date
The council agreed to schedule a special meeting for Monday, June 21, 2004 at 7:30 p.m. The agenda will include an executive session to discuss personnel matters for approximately one hour at the beginning of the meeting.
ADJOURNMENT
There being no objection, the meeting was adjourned at 11:03 p.m.
Susan Stine, City Clerk
David R. Hutchinson, Mayor
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