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Monday, November 21, 2005

Call To Order

Mayor Alan Merkle called the meeting to order at 7:38 pm in the Council Chambers of City Hall, 9611 SE 36th Street, Mercer Island, Washington.

Roll Call

Deputy Mayor Bryan Cairns, City Councilmembers Sven Goldmanis, Dan Grausz (arrived 7:39 pm), El Jahncke (arrived 7:39 pm), Steve Litzow, Jim Pearman (arrived 9:53 pm), and Mayor Alan Merkle were present.

Special Business

Mayor Merkle read two resolutions acknowledging out-going School Board Members Carrie George & John Fry for their service to the Mercer Island School District.

It was moved by Councilmember Litzow; seconded by Councilmember Jahncke to:

Adopt Resolution No. 1354 acknowledging Carrie George.

The Chair put the question on the motion; Motion Passed 6-0.

It was moved by Councilmember Jahncke; seconded by Councilmember Litzow to:

Adopt Resolution No. 1356 acknowledging John Fry.

The Chair put the question on the motion; Motion Passed 6-0.

Appearances

Myra Lupton, 3443 72nd Place SE, spoke about a few of the positive changes on Mercer Island over the last year. She also spoke about the amendments to the Critical Areas Ordinance that will take some of the decision making away from the planning commission.

Special Business (con’t)

Mayor Merkle read a resolution acknowledging the Sister City partnership between Mercer Island and Thonon les Bains.

It was moved by Deputy Mayor Cairns; seconded by Councilmember Goldmanis to:

Adopt Resolution No. 1357 regarding the Mercer Island – Thonon les Bains Sister City partnership.

The Chair put the question on the motion; Motion Passed 6-0.

Minutes

It was moved by Councilmember Goldmanis; seconded by Councilmember Litzow to:

Approve the Special Meeting Minutes of November 3, 2005 and the Regular Meeting Minutes of November 7, 2005 as written.

The Chair put the question on the motion; Motion Passed 6-0.

Consent Calendar

Councilmember Jahncke requested that the Payables be removed from the consent calendar and moved to the first item of Regular Business.

Payroll: $483,072.03

It was moved by Councilmember Litzow; seconded by Councilmember Goldmanis to:

Approve the Payroll.

The Chair put the question on the motion; Motion Passed 6-0.

Regular Business
Payables: $ 1,319,226.24

It was moved by Councilmember Litzow; seconded by Councilmember Goldmanis to:

Approve the Payables.

The Chair put the question on the motion; Motion Passed 6-0.

AB 4027: Public Hearing: Day Care Facilities Code Amendments (1st Reading)
Development Services Director Richard Hart presented proposed code amendments for home business day care facilities.

The Mayor opened the public hearing at 8:24 pm.

Stowe Sprague, 4553 84th Ave SE, spoke about the day care umbrella used by the state and various state regulations.

Margaret McCormick, 8034 SE 72nd Street, explained the background and history of the proposed amendments for Day Care regulations.

Marty Gale, 9404 SE 54th Street, has concerns regarding 19.02.010(A)(5)(g) as it prohibits a home business from being a place of instruction for more than three students at a time whereas the new amendments will allow preschools up to 18 students.

The Mayor closed the public hearing at 8:37 pm.

Council directed staff to review the proposed code amendments, “clean-up” the text and definitions and bring it back to the Council for a second reading at the December 5, 2005 meeting.

AB 4029: Public Hearing: Critical Areas Ordinance (2nd Reading)
City Attorney Londi Lindell and Maintenance Director Glenn Boettcher spoke about exemptions for City utilities, streets and parks contained in 19.07.030 of the draft Critical Areas Ordinance as the types of projects on Mercer Island that involve critical areas already are subject to the rigorous permitting requirements of a variety of outside agencies.

The Mayor opened the public hearing at 9:40 pm.

Diane Van Derbeek, 7815 West Mercer Way, concerned about Mercer Island’s streamlined ordinance in comparison to surrounding jurisdictions. She is concerned with removal of the Planning Commission review of variances provision and the limitation of the definition of “critical areas”.

Sue Stewart, 3205 84th Ave SE, representing Friends of Luther Burbank Park and Citizens to Preserve Upper Luther Burbank Park, would like all variances to continue to be reviewed by the Planning Commission, urge that utility permits continue to have public review at a nighttime Planning Commission meeting, and worry that Luther Burbank Park might not be protected under the CAO.

Marguerite Sutherland, 5425 96th Avenue SE, is against the revised Critical Areas Ordinance as information regarding changes to the CAO has not “trickled” down to the citizens. She also stated that the Mercer Island CAO is too streamlined.

Ronald Kaufman, 8200 SE 65th Street, Chairman of Utility Board, stated that the Utility endorses the staff recommendation regarding the exception for public work projects.

The Mayor closed the public hearing at 10:00 pm.

It was moved by Councilmember Litzow; seconded by Councilmember Goldmanis to:

Adopt Ordinance No. 05C-12 set forth as Exhibit 1 to Agenda Bill 4029 as amended.

It was moved by Councilmember Litzow; seconded by Councilmember Goldmanis to:

Amend 19.07.040(J)(1) and 19.07.070(B)(2)(b) to reduce the five year monitoring period to two years, as follows:
19.07.040(J)
1. Landscape maintenance and monitoring may be required for up to five (5) two (2) years from the date of project completion if the code official determines such condition is necessary to ensure mitigation success and critical area protection.
19.07.070(B)(2)
b. The code official may consider the following mitigation options:
iii. Removal of noxious weeds, replanting with native vegetation and 5 two (2) year monitoring;


The Chair put the question on the motion; Motion Failed 3-3 (Proponents of motion Councilmembers Litzow, Jahncke & Goldmanis) (Councilmember Pearman was absent for the vote).

It was moved by Councilmember Grausz; seconded by Councilmember Merkle to:

Amend 19.07.060(C)(3) and to read:
3. The code official may waive the requirement for a geotechnical report when the proposed alteration is so minor that it does not pose a threat to the public health, safety, and welfare, in the sole opinion of the code official.


The Chair put the question on the motion; Motion Failed 3-3 (Proponents of motion Councilmembers Grausz, Deputy Mayor Cairns, and Mayor Merkle) (Councilmember Pearman was absent for the vote).

It was moved by Deputy Mayor Cairns; seconded by Councilmember Litzow to:

Amend 19.07.030(B)(2) and to read:
2. Studies Required. An application for a reasonable use exception shall include a critical area study and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act.


The Chair put the question on the motion; Motion Passed 4-2 (Councilmember Grausz and Mayor Merkle dissented) (Councilmember Pearman was absent for the vote).

It was moved by Mayor Merkle; seconded by Councilmember Grausz to:

Amend 19.07.030(A)(7) to read:
7. New Utility Facilities. New utilities not including substations, subject to the following:
a. Construction is consistent with best management practices;
b. The facility is designed and located to mitigate impacts to critical areas consistent with best available science;
c. Impacts to critical areas are mitigated to the greatest extent reasonably feasible so there is no net loss in critical area functions;
d. Utilities shall be contained within the footprint of an existing street, driveway, paved area, or utility crossing where possible; and
e. A State Environmental Protection Act (SEPA) checklist shall be prepared and the SEPA responsible official shall review and approve the checklist; and
ef. The code official may require a critical area study or restoration plan for this allowed alteration.


The Chair put the question on the motion; Motion Failed 3-3 (Proponents of motion Councilmember Grausz, Deputy Mayor Cairns, and Mayor Merkle) (Councilmember Pearman was absent for the vote).

The Chair put the question on the main motion; Motion Passed 6-1 (Councilmember Grausz dissented).

AB 4028: Public Hearing: Mid-Biennial Budget Review: Budget Adjustments, Property Taxes & Rates
Finance Director Chip Corder presented the Financial Status Report (through September 30, 2005), which provides a summary budget to actual comparison of revenues and expenses for each fund as well as a brief progress update on selected CIP projects and the planned rate increases for the water, sewer, and storm and surface water utilities in 2006.

The Mayor opened the public hearing at 11:34 pm.

Ronald Kaufman, 8200 SE 65th Street, spoke about the Utility Board’s recommendations for water, sewer, and stormwater rates.

The Mayor closed the public hearing at 11:37 pm.

It was moved by Councilmember Litzow; seconded by Deputy Mayor Cairns to:

Pass Resolution No. 1351 establishing classifications of water users and a schedule of charges for water usage, establishing a schedule of rates for fire service, establishing a schedule of special service charges, establishing meter and service installation charges, and establishing connection charges effective January 1, 2006 and thereafter.

The Chair put the question on the motion; Motion Passed 7-0.

It was moved by Councilmember Litzow; seconded by Councilmember Goldmanis to:

Pass Resolution No. 1352 establishing rates and connection charges for sewerage disposal services supplied by the City of Mercer Island effective January 1, 2006 and thereafter.

The Chair put the question on the motion; Motion Passed 7-0.

It was moved by Councilmember Litzow; seconded by Deputy Mayor Cairns to:

Pass Resolution No. 1353 establishing the monthly service charge for storm and surface water services supplied by the City of Mercer Island effective January 1, 2006 and thereafter.

The Chair put the question on the motion; Motion Passed 7-0.

It was moved by Councilmember Litzow; seconded by Councilmember Grausz to:

Adopt Ordinance No. 05-19 incorporating certain budget revisions to the 2005-2006 biennial budget and amending ordinance Nos. 05-01, 05-04, 05-06, and 05-08.

The Chair put the question on the motion; Motion Passed 7-0.

It was moved by Councilmember Grausz; seconded by Councilmember Pearman to:

Adopt Ordinance No. 05-17 appropriating funds and fixing the amount of taxes to be levied for the year 2006.

The Chair put the question on the motion; Motion Passed 4-3 (Councilmembers Goldmanis, Jahncke & Litzow dissented).

It was moved by Councilmember Grausz; seconded by Councilmember Pearman to:

Adopt Ordinance No. 05-18 authorizing an increase in property tax revenue for 2006.

The Chair put the question on the motion; Motion Passed 4-3 (Councilmembers Goldmanis, Jahncke & Litzow dissented).

AB 4026: 2006 Business License Fee and B&O Tax Rate
This item was moved to the December 5, 2005 agenda as a no presentation item.

Other Business

Councilmember Absences:
There were none.

Planning Schedule:
Remove 2006 Property Tax Levy from the December 5 agenda.
Move Residential Overlay Concept Study to January 17, 2006.

Board Appointments:
It was moved by Councilmember Pearman to:

To confirm the appointment the following individuals to the Ad Hoc Committee to Review Town Center Guidelines:

  • Councilmember Dan Grausz
  • Councilmember Steve Litzow
  • Peter Orser - GMA Comp Plan and Town Center Vision Committee
  • Bruce Lorig - Mixed-Use Developer
  • Bill Kreiger - Architect and Affordable Housing Expert
  • Don McDonald - Architect and 8-year member and past Chair of the Design Commission
  • Emmett Maloof - Chamber President, Town Center Property Owner & Design Commissioner
  • Carla Weinheimer - Architect, Urban Planner and Design Commissioner
It was moved by Councilmember Goldmanis; seconded by Councilmember Jahncke to:

Add Bob Thorpe to the Ad Hoc Committee to Review Town Center Guidelines.

The Chair put the question on the motions; Motions Passed 5-2 (Councilmember Grausz and Mayor Merkle dissented).

Councilmember Reports:
Councilmember Litzow gave a report on the Disability Board.

Adjournment: Tuesday, November 22, 2005, 12:10 am

[Important Note: The proceedings of the City Council meeting were recorded on tape and are filed in the City Clerk's Office. The complete agenda and official minutes of this meeting are also filed in the City Clerk's office.]

 

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