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Monday, July 16, 2001

Call To Order

Deputy Mayor Bryan Cairns called the meeting to order at 7:35 pm in the Council Chambers of City Hall, 9611 SE 36th Street, Mercer Island, WA.

Roll Call

City Councilmembers Susan Blake, Bryan Cairns, Sven Goldmanis, Dan Grausz, and El Jahncke were present. Councilmember Judy Clibborn and Mayor Alan Merkle were absent.

Appearances
Martha Lammers, 3622 84th Avenue SE, expressed her dissatisfaction with the City’s tree ordinance and stated that the new regulations unfairly infringe on the rights of individual property owners.

Gary Kincaid, 119 98th Avenue NE, Bellevue, expressed his concern about the difficulty of obtaining a copy of the proposed amendments to the Unified Development Code prior to the City Council Meeting, and presented the Council with a letter outlining his positions on five of the proposed amendments. City Manager Rich Conrad apologized for the difficulty Mr. Kincaid had experienced in obtaining a copy of the document.

Consent Calendar
Payables: $ 651,171.48  
Payrolls: $ 429,006.78

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

Approve the Consent Calendar and the recommendations contained therein.

The Chair put the question on the motion; Motion Passed 5-0.

Special Business

Deputy Mayor Bryan Cairns announced that a Special Meeting to consider the Petition for Referendum regarding City of Mercer Island Ordinance No. 01C-04 will be held Tuesday, July 31, 2001 in City Council Chambers, at a yet to be determined time.

Councilmember Sven Goldmanis stated for the record his position that Mr. Appelman and others gathering signatures to the Petition for Referendum had misrepresented the nature and intent of the tree ordinance to the public.

In response to a question from Councilmember Goldmanis, City Manager Rich Conrad explained the process by which adopted ordinances are implemented by City staff.

Regular Business

AB 3602 Funding for Additional Policy Work in the City Manager’s Office
City Manager Rich Conrad opened the agenda item, explaining that the scope and nature of the Council’s biennial workplan required additional policy work to be completed beyond the current resources of the City Manager’s office. He asked Council to approve an expenditure from the Capital Reserve Fund to hire an Additional City Manager through the end of 2002.

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

Approve the expenditure of $160,625 from the Capital Reserve Fund for the addition of an Assistant City Manager for the remainder of 2001 and all of 2002.

The Chair put the question on the motion; Motion Passed 5-0.

AB 3593 Spring Round Community Development Block Grant Funds Cougar Mountain / East Village Project
Development Services Director Richard Hart opened the presentation on Community Development Block Grants and the Cougar Mountain / East Village Project.

ARCH Representative Max Bigby answered the Council’s questions regarding the use of secured grants.

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

Approve the use of $31,217 of year 2001 CDBG funds, previously allocated to ARCH, and $19,878 from 2001 City of Mercer Island General Funds, towards the acquisition of land, for the Cougar Mountain / East Village project, located in Issaquah, WA as conditioned by the ARCH Executive Board.

The Chair put the question on the motion; Motion Passed 5-0.

AB 3591 City – School Counselors Interlocal Agreement
Youth and Family Services (YFS) Director Mary Kay Morgan gave a brief history of the cooperative efforts between YFS and the Mercer Island School District to provide counseling services in all of the public schools on the Island. Ms. Morgan also gave the Council a short update on the financing and budget of this year’s program.

Mercer Island School Board Director Debora Boeck also made a short presentation regarding the goals and accomplishments of the counseling program.

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

Authorize the City Manager to sign the 2001-2002 Interlocal Agreement for Counseling Services with the Mercer Island School District.

The Chair put the question on the motion; Motion Passed 5-0.

AB 3593 Right-of-Way Tree Maintenance Program
Maintenance Director Glenn Boettcher responded to Councilmember questions regarding the scope and budget of the Right-of-Way Tree Maintenance Program. The Council discussed the potential benefits of expanding the program to deal with both the problem of backlogged requests for tree maintenance and various ivy problems.

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

Adopt Ordinance No. 01-07, incorporating certain revisions to the 2001-2002 Budget and amending Oridances Nos. 00-11, and 01-01 and 01-03, and stipulating that the additional funds allocated to this program be used for tree maintenance, principally for ivy removal.

The Chair put the question on the motion; Motion Passed 5-0.

AB 3601 Public Hearing on the Proposed Amendments to the Unified Land Development Code
Development Services Director Richard Hart introduced the item of business. Following his comments, Senior Planner Ann Marie Rennick made a presentation and responded to questions regarding the proposed amendments to the Unified Development Code.

The Deputy Mayor opened the public hearing.

Tom Leonard, 2815 67th Avenue SE, expressed his general support for the potential amendments in their current form. Mr. Leonard also expressed his satisfaction with regard to the process by which the amendments had been presented to the public, and the extent to which public input had been incorporated into the revised draft.

Greg Knaplund and Rick Crooks of Mutual Materials Company, 605 119th NE, Bellevue, asked the Council to consider that “all pavers are not created equally” with regard to whether or not their use would result in the creation of a pervious or an impervious surface. They further asked that the ordinance before Council be amended to reflect the differences between pavers.

Alan Ruesch, 4518 91st Avenue SE, stated that impervious surface regulations limit the size of development and remodels on the Island. He also asked Council to consider “grass-grates” as pervious surfaces.

Tom Leonard, 2815 67th Avenue SE, asked the Council for clarification regarding the status of walkways under the proposed regulations.

Charles Hodge, 4235 Holly Lane, appeared before Council on behalf of the Methodist Church on First Hill regarding the status of gravel parking lots under the proposed regulations.

The Deputy Mayor closed the public hearing.

Following Council discussion, a number of items were altered or removed from the amendments as follows:

  • The 1000 square-foot limit was removed, making patios constructed of pavers exempt from impervious surface limits;
  • Decks and patios are exempt from impervious surface limits;
  • The entire section on nonconforming development, structures and uses was removed from the amendments. Staff is directed to rework the section consistent with Council direction;
  • Definitions of “Abandoned,” “Catastrophic Loss,” “Nonconforming Development,” and “Tenant Improvements” were removed from the proposed amendments.
It was moved by Councilmember Grausz; seconded by Councilmember Blake to:

Adopt Ordinance No. 01c-06, striking the fifth whereas clause, deleting the reference to exhibit 2 in the 4th whereas clause, and modifying the exhibits as previously proposed.

The Chair put the question on the motion; Motion Passed 5-0.

Other Business

Councilmember Absences: Councilmember Clibborn will be absent September 4th.

Planning Schedule: A special meeting to discuss the Petition for Referendum regarding City of Mercer Island Ordinance 01C-04 was added as a special meeting to the Planning Schedule for Tuesday, July 31.

Board Appointments: There were none.

Councilmember Reports: Councilmember Goldmanis re the guardrail installation along North Mercer Way.

Adjournment: The meeting was adjourned to Executive Session at 11:35 pm to discuss an issue of property acqusition.

The Executive Session adjourned at 11:59 pm.

[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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