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; Rosemary Larson, Assistant City Attorney, Dennis Peterson, Police Chief; Stephen Bennett, Planning and Building Director; Sarah Phillips, Government & Community Relations Manager, Susan Stine, City Clerk
Others present: One visitor
CALL TO ORDER
Mayor Hutchinson called the meeting to order at 7:35 p.m.
FLAG SALUTE
Cmbr. Sterner led the council in the pledge of allegiance.
PROCLAMATION
Day of Concern for the Hungry
Hutchinson noted the proclamation in honor of Day of Concern for the Hungry on September 25, 2004.
MAYOR’S REPORT
Hutchinson reported that Karen Goroski, the new Executive Director of Suburban Cities Association, was a guest at a recent north-end mayor’s meeting. He reported that the leadership team held a retreat today. Discussion topics included the 2005 budget process. Hutchinson distributed the city of Edmonds brochure regarding the proposed streamlined sales tax.
Cmbr. Kiest requested a report on the human services forum.
Cmbr.
Goss suggested that the administration seek Mayor initiate
discussions regarding opportunities for shared services and facilities
and coordination of comprehensive planning with north-end cities. (Approved by Council 9/23/04)
ADOPTION OF AGENDA
Cmbr. Thompson requested to continue second reading calendar items 1, Ordinance 905/Relating to City’s Sign Regulations and 2, Ordinance 906/Relating to Legal Nonconforming Signs to the September 23, 2004 regular council meeting second reading calendar.
Thompson also requested to add the council meeting schedule under council reports.
Thompson moved to adopt the agenda as amended. Sterner seconded. The motion carried unanimously.
FINAL CONFIRMATION CALENDAR
Marjorie Ando, Economic Development Commission, Position 3, term ending 3/31/2007
Michelle LeMoine, Parks and Recreation Commission, Position 3, term ending 3/31/2007
Don Fiene, Planning Commission, Position 2, term ending 3/31/2007
Charles Herring, Public Safety Commission, Position 3, term ending 3/31/2007
Thompson moved to confirm the following:
Cmbr. Olstad seconded. The motion carried unanimously.
CONSENT CALENDAR
Thompson moved to approve the consent calendar as follows:
Sterner seconded.
Armanini requested to pull item 1, August 12, 2004 council regular meeting minutes.
Herzog requested to pull item 3, August 26, 2004 council regular meeting minutes.
Armanini stated that in her absence at the last council meeting, she had asked Cmbr. Goss to propose an amendment on page 5, line 31. After some discussion, Armanini requested that the August 12, 2004 council regular meeting minutes be held over to the September 23, 2004 meeting.
Herzog moved to amend the August 26, 2004 council regular meeting minutes as follows:
Page 5, line 32: "Herzog noted that while he supports the library system, he has serious concerns about the accuracy of material published with regard to the bond measure, and whether the measure is fiscally responsible in the long-run.
After some Following further discussion
of the proposed …"
Cmbr. Kiest seconded. The motion carried unanimously.
Herzog moved to amend the August 26, 2004 regular meeting minutes as follows:
Page 5, line 36: "…revenue said set to
expire in 2011…"
Armanini seconded. The motion carried unanimously.
The motion to approve the amended consent calendar as follows carried unanimously:
FIRST READING CALENDAR
Resolution 869/Authorizing Mayor to Extend Contract with Waldron Associates for Interim Planning Staff Services
Ordinance 913/Amending LFPMC 2.22.060 Relating to Commission Chair Position
Ordinance 914/Amending LFPMC 16.18 Relating to Definition of "Pervious Material"
Ordinance 915/Amending LFPMC 2.22.100 Relating to Quorum Requirements for Volunteer Commissions
Thompson moved to advance the following to second reading calendar tonight:
Resolution 869/Authorizing Mayor to Extend Contract with Waldron Associates for Interim Planner Staff Services
Ordinance 913/Amending LFPMC 2.22.060 Relating to Commission Chair Position
Ordinance 914/Amending LFPMC 16.18 Relating to Definition of "Pervious Material"
Ordinance 915/Amending LFPMC 2.22.100 Relating to Quorum Requirements for Volunteer Commissions
Sterner seconded. The motion carried unanimously.
SECOND READING CALENDAR
Ordinance 909/Amending LFPMC 18.52.48 Relating to Conditional Use Permit Requirements for Trails
Cmbr. Armanini said that there seems to be some inertia on the part of the council and staff regarding Ordinance 909, and she proposed the creation of a small working group of council members to develop amendments to the proposed ordinance for the council to consider. Armanini offered to be part of the work group if council supports this plan.
In response to a comment from Armanini, City Administrator Karen Haines noted that it was her understanding that the request for a staff recommendation was related to the definition of pervious material. Haines noted that staff work has been concentrated on the proposed amending ordinance to provide a definition of pervious material. Following completion of this matter, staff members will focus on Ordinance 909/Amending LFPMC 18.52.48 Relating to Conditional Use Permit Requirements for Trails.
Cmbrs. Goss volunteered to work with Cmbr. Armanini on this issue. Following further discussion, Cmbr. Sterner said that he would participate on the work group if a third councilmember were needed.
Goss said that she would appreciate information from the county regarding the project status and copies of any documents including a transportation study, surveys on the trail, and other studies.
Resolution 869/Authorizing Mayor to Extend Contract with Waldron Associates for Interim Planner Staff Services
Haines briefed the council on the status of the associate planner position and noted additional time is needed to fill this position. Haines requested an extension of the contract with Waldron Associates for interim planning staff services until that position is filled.
Sterner moved to approve Resolution 869/Authorizing Mayor to Extend Contract with Waldron Associates for Interim Planning Staff Services. Armanini seconded. The motion carried unanimously.
Ordinance 913/Amending LFPMC 2.22.060 Relating to Commission Chair Position
Armanini said that she had requested an ordinance be prepared for council consideration regarding the selection of commission chairs. She said that the recent process involving the Planning Commission made her think about how chairs are selected. Armanini requested council consideration of the proposed ordinance, which would authorize election of the chair by commission members.
Goss expressed her support for the proposed ordinance and noted that rules need to be changed from time to time. She suggested that the commission should have some type of control over selection of its chair.
Thompson expressed his concern regarding the recent chair selection process. He said that he looks at this issue from a public policy perspective, and he still supports the process outlined in the commissioner’s manual that gives the mayor the responsibility to select commission chairs. He proposed that an appeal process could be available to commissions.
Cmbr. Olstad stated that the present system, if properly executed, is a good system. It allows the commission to nominate a chair and the appointment to be made by the mayor.
Armanini said that her concern is due to the fact that the mayor may have followed the letter but not the spirit of the current process, and she is interested in a mechanism to ensure that. She expressed her concern regarding Thompson’s suggestion for an appeal process.
Thompson said that the process for selection of commission chairs could be stated in the ordinance rather than commissioner’s manual.
Cmbr. Sterner noted that the current code regarding the commission chair refers to the commissioner’s manual, and as a legal matter, the rules carry the same weight regardless of where they are spelled out. He stated he is not inclined to change the ordinance, and he said that the current process works when the rules are followed.
Goss noted that the city depends on its volunteers and values their contributions. She suggested that chairs could pledge to adhere to a code of conduct.
In response to a request from Armanini, Community and Government Affairs Manager Phillips distributed copies of the commissioner’s manual.
Herzog said that a breakdown in communication occurred in the recent selection process. He said that the present system avoids the possibility of members lobbying others regarding the chair position, and he also noted that the current system is a better method for ensuring adherence to an established scope of work.
No motion was offered to advance or amend Ordinance 913/Amending LFPMC 2.22.060 Relating to Commission Chair Position.
With the consent of the council, Ordinance 915/Amending LFPMC 2.22.100 Relating to Quorum Requirements for Volunteer Commissions was taken out of order and scheduled next on the agenda.
Ordinance 915/Amending LFPMC 2.22.100 Relating to Quorum Requirements for Volunteer Commissions
Haines noted that the proposed ordinance was prepared in response to a question raised regarding a commission with several vacancies. Following the advice of the city attorney, Haines noted that that current code regarding the Planning Commission would not change and said the proposed ordinance should be amended as follows:
Page 1, line 25: "…transacting business, except for the planning commission, …"
Page 1, line 28: "…members of a commission. A quorum of the planning commission shall be a majority of the positions on the commission."
Thompson said that the city attorney has noted that the current ordinance was meticulously drafted and noted that he is not in favor of the proposed ordinance to amend the current requirements. Thompson expressed his concern regarding timely appointments to commissions and said that the mayor is responsible for filling vacant positions on city commissions.
Kiest left the meeting at 8:50 p.m.
Thompson moved to table Ordinance 915/Amending LFPMC 2.22.100 Relating to Quorum Requirements for Volunteer Commissions indefinitely. Olstad seconded. The motion carried
4-2 (Aye—Thompson, Herzog, Olstad, Sterner; Nay—Armanini, Goss).
A five-minute recess was taken at 8:52 p.m.
The meeting was resumed at 9:05 p.m.
Ordinance 914/Amending LFPMC 16.18 Relating to Definition of "Pervious Material"
Planning and Building Director Steve Bennett noted that the council had asked staff to make a recommendation regarding a definition for impervious or pervious materials/surfaces to address unanticipated consequences related to the passage of Ordinance 907.
Following discussion, Thompson moved to amend Ordinance 914 as follows:
Page 1, line 24-25: "…stormwater into previously
unimproved land."
Armanini seconded. The motion carried unanimously.
Following further discussion, the council agreed to advance Ordinance 914/Amending LFPMC 16.18 Relating to Definition of "Pervious Material" to the September 23, 2004 regular council meeting agenda for second reading and final action.
NEW BUSINESS
Reports—Council
Councilmembers noted several code enforcement issues including an ongoing garage sale on Ballinger Way Northeast, signage at a local service station, a weekend rug vendor on Bothell Way Northeast, a stop work order situation that may present an earthquake hazard, and a tree removal issue.
Thompson requested additional information regarding the monthly report on marine patrol activities.
New topics for discussion
Scheduling September 16, 2004 Council Special Meeting
Thompson noted discussion of scheduling a special meeting for September 16, 2004 for review of the draft comprehensive plan.
Thompson moved to schedule a Council special meeting for September 16, 2004 at 6-9 p.m. to review the comprehensive plan. Kiest seconded. The motion carried unanimously.
Reschedule the November 2004 City Council Meetings
Thompson moved to cancel the November 11, 2004 and November 25, 2004 Council study session and regular meetings and reschedule these to November 4, 2004 and November 18, 2004. Armanini seconded. The motion carried unanimously.
Thompson noted the adoption of the Comprehensive Plan has to be done by December 1, 2004. Discussion followed regarding scheduling a public hearing on the comprehensive plan.
In response to a question from Thompson, Olstad noted a presentation to council is scheduled for the September 23, 2004 regular council meeting by the consultants and task force for the Sustaining a Livable Lake Forest Park project.
Haines noted that a meeting with our legislators should be scheduled to discuss the legislative agenda.
Model Business and Occupation Tax Ordinance
Assistant City Attorney Rosemary Larson discussed the state requirement that cities must adopt certain mandatory provisions of the model business and occupation tax ordinance by December 31, 2004. She noted a draft ordinance would be distributed at an upcoming council meeting.
In response to a comment from Olstad, councilmembers discussed the schedule for consideration of amendments to the sensitive areas ordinance following receipt of the recommendations from the task force made up of members of the Planning Commission and Environmental Quality Commission.
Burke Gilman Trail Memorandum of Understanding
Councilmembers discussed the guiding principles outlined in the draft memorandum of understanding. Armanini expressed her concerns regarding the draft memorandum and stated she is not comfortable with the current form.
Goss expressed her concerns regarding the process and allowing King County to be the lead. In response to Cmbr. Goss, Hutchinson discussed a similar advisory committee structure used with the City of Sammamish.
Goss stated she is still concerned regarding the composition of the committee and the predictable outcome. She noted the lack of senior citizens on the group and Hutchinson stated that the group has not yet been selected and encouraged others to apply.
Sterner encouraged Goss to offer alternatives for consideration by the council. After further discussion, Goss said that she remains opposed to the draft memorandum of agreement.
Appointment to Metropolitan Solid Waste Management Advisory Committee
There being no objection, Cmbr. Armanini was appointed to serve as the city’s representative on the Metropolitan Solid Waste Management Advisory Committee.
At 10:51 p.m., Hutchinson noted that the next item on the agenda is an executive session for discussion of personnel and legal matters for approximately 10 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 10:52 p.m.
The meeting was resumed at 10:54 p.m.
Executive Session
The meeting was recessed to executive session at 10:55 p.m. for approximately 10 minutes for discussion of personnel and legal matters.
The regular meeting was resumed at 11:05 p.m.
ADJOURNMENT
There being no objection, the meeting was adjourned at 11:06 p.m.
Susan Stine, City Clerk
David R. Hutchinson, Mayor
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