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Tuesday, June 18, 2002

Call To Order

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

Roll Call

City Councilmembers Susan Blake, Sven Goldmanis, Dan Grausz, El Jahncke, and Deputy Mayor Bryan Cairns were present. Mayor Alan Merkle and Jim Pearman were absent.

Special Business

Public Safety Director Jan Deveny introduced Dean Quigley, Chairman of the DARE Spaghetti Dinner, who on behalf of the Masons and the VFW presented a check to the City Council for $1842 to support the Mercer Island DARE Program. This money was raised at the dinner and was a 58% increase over last year’s amount.

Appearances

Sue Stewart, 3205 84th Ave SE, Citizens to Preserve Upper Luther Burbank Park, urged the City Council to separate parkland and affordable housing. She submitted more petition signatures to make the total 1,649.

Craig Walker, 8236 SE 30th Street, suggested to the Council to have an open forum meeting regarding affordable housing and Upper Luther Burbank Park to help citizens understand the issues.

Kathy Wales, 3215 84th Ave SE, asked the Council to preserve Upper Luther Burbank Park for the children of Mercer Island and those to come.

Richard Ferse, 3203 84th Ave SE, asked if the proposed affordable housing idea is to promote teacher retention or recruitment, then why is the interest survey being done after the idea was presented?

Marie Lewis, 3030 80th Ave SE, Landlord of the Landmark Condos, stated that there is already affordable housing on Mercer Island. She believes that the City should not be in competition with landlords or developers.

Deputy Mayor Cairns asked the City Manager to put an item on an upcoming agenda for the City Council to vote on whether or not to consider Upper Luther Burbank Park as a site for Workforce Housing.

Neal & Natasha Lekwa, 3719 88th Ave SE, explained to the Council the reasons why Bounce (a new cybercafe run by teens) is needed in this community. They want it to be a safe place for teens to hang out with friends.

Jenny Moller, 4288 Shoreclub Drive, stated the importance of having a safe place to relax and have fun and that Bounce is the place for that.

Maryanne Moller, 42288 Shoreclub Drive, told the Council that the Bounce Foundation has applied for non-profit status, is looking into a mentoring program, and into making a connection with senior programs.

Deputy Mayor Cairns requested that Bounce submit a proposal to Parks and Recreation Director Pete Mayer if support is needed.

James Swan, 4515 West Mercer Way, spoke regarding Land Use Petition No. 02-2-06304-7SEA. He believes that the way that rockeries and retaining walls are regulated by the City’s Zoning Code is unfair and illogical. Mr. Swan submitted a letter detailing his complaint.

Deputy Mayor Cairns told Mr. Swan that his complaint would have to be discussed in Executive Session, as it is potential litigation.

Minutes

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

Approve the Study Session & Regular Meeting Minutes of June 3, 2002 as amended:
Page 5, Councilmember Absences:
Mayor Merkle was excused from the Regular Meeting of June 3, 2002.


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

Consent Calendar
Payables: $ 1,047,277.36  
Payrolls: $ 466,077.56

It was moved by Councilmember Grausz seconded by Councilmember Blake to:

Approve Payables and Payroll.

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

Councilmember Goldmanis asked staff for more specifics on certain line items in the payables; such as identifying which items are reimbursable or have been nullified.

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

To move (3) AB 3680: 2002 Roadway Improvements Bid Award and (4) AB 3679: Covenant Shores TEFRA Hearing to be the first items on Regular Business.

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

Regular Business

AB 3680 2002 Roadway Improvements Bid Award (No Presentation)
Councilmember Jahncke requested that all 4 schedules be awarded to Lakeridge Paving Company.

Street Engineer Clint Morris answered questions from the Council regarding the Street Fund and the total project budget of the 2002 Roadway Improvements.

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

Award Schedules ‘A’, ‘B’, ‘C’, and ‘D’ of the 2002 Roadway Improvements project to Lakeridge Paving Company. Allocate an additional $160,583 from the street fund to the project for a total project budget of $599,983. Authorize staff to administer the contract.

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

AB 3679 Covenant Shores TEFRA Hearing (No Presentation)
Councilmember Goldmanis thanked the Assistant City Attorney Wayne Stewart, various Covenant Shores Representatives, and citizens for their hard work on the passing of the resolution.

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

Pass Resolution No. 1296 approving the issuance of Colorado Health Facilities Revenue Bonds to be used by Covenant Retirement Communities in constructing facilities at 9109 and 9111 Fortuna Drive, Mercer Island, Washington.

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

AB 3675 Pioneer Park Improvements Bid Award (No Presentation)
Parks & Recreation Director Pete Mayer and Parks Arborist Paul West answered questions from the Council regarding specific components of the bid alternates.

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

Award the base bid and bid alternates 1-4 to Golf Landscaping in the amount of $213,000 and authorize the City Manager to execute the contract. Set the project budget at $365,673.

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

AB 3676 Town Center Design Guidelines Underground Parking Public Hearing
Development Services Director Richard Hart and City Attorney Londi Lindell presented the final version of the Town Center Design Standards Amendments. These amendments reflect changes from the June 3, 2002 Council Meeting and the decisions on parking in the Town Center from the Ad-hoc Committee’s meeting on June 4, 2002.

The Deputy Mayor opened the Public Hearing.

Bill Stalzer, 603 Stewart Street, Seattle, supports the proposed changes. He feels that the language gives flexibility with underground parking and it clarifies that the interior modifications on a structure are not subject to design reviews.

The Deputy Mayor closed the Public Hearing.

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

Approve Ordinance No. 02C-05 amending the Town Center District Development and Design Standards and other applicable code sections of the Unified Land Development Code relating to underground parking requirements and non-conforming development.

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

AB 3678 Group Home Moratorium Ordinance Public Hearing
City Attorney Londi Lindell explained to the City Council that Chapter 25A.63 RCW authorizes the City Council to adopt a six (6) month moratorium if a public hearing is held within sixty (60) days. The Council was asked to reaffirm Ordinance No. 02-03 and continue the group home moratorium to allow staff sufficient time to properly research and analyze group home regulations.

The Deputy Mayor opened the Public Hearing.

City Attorney Lindell indicated a letter was submitted to DSG Director Richard Hart from Providence House that should be received as part of public testimony.

Deputy Mayor Cairns tabled (7) AB 3678 until the conclusion of agenda item (8) AB 3674, so that staff could locate and distribute said letter.

AB 3674 Transfer of Cable Franchise from AT&T to Comcast
Deputy City Manager Deb Symmonds gave background information on AT&T Broadband combining with Comcast. She also detailed Staff’s correspondence with AT&T Broadband to determine whether or not AT&T Comcast will have the financial, legal and technical capabilities according to the FCC Transfer Process.

The two items before the Council were (1) AT&T’s request to transfer the cable franchise to Comcast and (2) AT&T’s decision to not pay franchise fees or utility taxes on cable modem services.

Deputy City Manager Symmonds introduced Kathy Nelson from AT&T Broadband to answer questions from the City Council.

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

Authorize the City Attorney to send the demand letter included here as Exhibit 5 and direct staff to continue negotiating a side letter of agreement with AT&T subject to conditions agreeable to the City (Transfer Option 2 described above). (Effect: Staff will return with a side letter/transfer document for Council approval on July 1st).

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

AB 3678 Continuation of Group Home Moratorium Ordinance Public Hearing
Deputy Mayor Cairns resumed the public hearing.

DSG Director Richard Hart distributed a letter from Providence House in regards to group homes for low risk sex offenders.

There being no other public testimony, Deputy Mayor Cairns closed the public hearing.

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

Reaffirm the findings of fact set forth in the recitals and Section 5 of Ordinance No. 02-03 and continue the group home moratorium until November 18, 2002 to allow staff sufficient time to properly research and analyze group home regulations to maintain the character of the neighborhood, determine parking impacts and accessory dwelling unit regulations. Direct staff to return to Council on or before November 18, 2002 to report on staff’s progress.

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

Open Council Discussion
Councilmember Jahncke inquired about the decision to put an item on the agenda to decide if Workforce Housing could be built on Upper Luther Burbank Park.

Deputy Mayor Cairns replied that Workforce Housing and Upper Luther Burbank Park are two separate issues and that the attempt to move forward on a location for Workforce Housing needs to be made.

Other Business

Councilmember Absences:
Councilmember Pearman and Mayor Merkle were both excused from the meeting.
Councilmember Grausz will be absent from the July 1st meeting.
Councilmember Pearman will be absent from the July 1st meeting.
Councilmember Jahncke will be absent from the July 1st meeting.
Councilmember Goldmanis will be absent from the July 1st meeting.

Planning Schedule:
Add agenda item to July 15th meeting to vote on Upper Luther Burbank Park as a site for Affordable Housing on Mercer Island.
Possibly move RPZ Criteria and Procedures to July 8th if there are more than 5 Councilmembers present.
Move July 1st meeting to July 8th.

Board Appointments: There were none.

Councilmember Reports:
Councilmember Goldmanis would like a letter sent to Sound Transit to show the Council’s support of the Eastside Transportation Program’s MegaProject concept.

Executive Session:
At 10:24 pm, Council adjourned to Executive Session to discuss collective bargaining negotiations and potential litigation.

Adjournment: 11:45 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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