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Monday, October 21, 2002

Call To Order

Mayor Merkle called the meeting to order at 7:34 pm in the Council Chambers of City Hall, 9611 SE 36th Street, Mercer Island, Washington.

Roll Call

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

Appearances

Ira Appelman, 6213 83rd Place SE, stated reasons why he opposes giving $1 million to the Boys and Girls club for the gym renovation. He believes the City should keep the money for the community center or to help support the Mary Wayte Pool or Luther Burbank Park.

Minutes

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

Approve the Regular Meeting Minutes of October 7, 2002 as amended.

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

Consent Calendar
Payables: $ 1,101,936.0  
Payrolls: $ 420,937.64

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

Approve the Consent Calendar and the recommendations contained therein.

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

Regular Business

AB 3708 Public Hearing: Proposed Amendments to the Unified Land Development Code Relating to Fences, Rockeries, Retaining Walls, and Other Encroachments into Required Yards
Development Services Director Richard Hart explained each of the amendments detailed in the proposed ordinance changing the regulations for fences, rockeries, retaining walls and other encroachments.

The Mayor opened the Public Hearing.

Jim Swan, 4515 West Mercer Way, asked Council to consider implementing an amendment to the current restrictions for rockery height that would encourage tiered rockeries and retaining walls on sloping yards, rather than encouraging large, monolithic single-wall designs.

Allen Mitchell, 6839 West Mercer Way, objects to the proposed amendments to ULDC Section19.07.050 increasing the fence height with 25 feet of the shoreline.

Tom Schultz, 9115 SE 44th Street, commended the Development Service Group on their professionalism. He stated that theses code amendments would make it easier and less ambiguous to follow the regulations.

David Dawson, 2242 72nd Ave SE, had a question regarding the determination of the front yard versus the side yard and why there was no comment period on a certain proposed project in his neighborhood.

Development Services Director Richard Hart responded.

The Mayor closed the Public Hearing.

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

Adopt Ordinance No. 02C-09 amending the Unified Land Development Code (Title 19) relating to fences, rockeries, retaining walls, and other encroachments into required yards.


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

Amend MICC 19.02.050 (Section 2 of Proposed Ordinance 02C-09, page7) as follows:
“4. Maximum Height in Required Yard - Cut Slopes. No retaining walls or rockeries, or any combination of retaining walls or rockeries, to the extent used to protect a cut or cuts into existing grade within any required yard shall exceed a total of 144 inches in height. All retaining walls and/or rockeries within a required yard shall be included in calculating the maximum height of 144 inches. Such retaining walls or rockeries, or combination of retaining walls or rockeries, may be topped by a fence up to 72 inches in height or, if within that portion of any required yard that lies within 20 feet of any improved street, by a fence up to 42 inches in height of the same height that would otherwise be permitted at the location if no cut and retaining walls or rockeries existed. “


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


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

Amend MICC 19.02.050 (Section 2 of Proposed Ordinance 02C-09, page7) as follows:
“5. Maximum Height in Required Yard - Fill Slopes. No retaining walls or rockeries, or any combination of retaining walls or rockeries, to the extent used to raise grade and protect a fill slope shall exceed a total of 72 inches in height within any required yard.”


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


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

Amend MICC 19.07.080 (Section 7 of Proposed Ordinance 02C-09, page11) as follows:
“1. Table A. Requirements for Development Located Landward from the OHWM

The Chair put the question on the motion; Motion Failed 1-6 (Proponent of motion Councilmember Grausz).


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

Amend MICC 19.07.080 (Section 7 of Proposed Ordinance 02C-09, page11) as follows:
“1. Table A. Requirements for Development Located Landward from the OHWM

And amend MICC 19.09.010 (U) as follows:
“Section 321. Fencing. Outdoor pools shall be fenced so that unsupervised children and animals cannot enter the area used by bathers. The fencing shall be a solid structure of fence material not less than fivefour (54) feet in height…and all latches shall be placed at least five (5) feet 54 inches above the ground or shall be made inaccessible to small children from the outside.”


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

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

AB 3711 Boys & Girls Club Proposal
No presentation was made; this item was revisited from the September 23, 2002 Council Meeting.

Public Comment:
Milt Reimers, 8618 North Mercer Way, is in favor of the Boys & Girls Club proposal. He feels it fulfills a need on Mercer Island.

Marty Gale, 9404 SE 54th Street, opposes the Boys & Girls Club proposal because the money spent to renovate the gym at the Boys & Girls Club should be spent on the Community Center as it was the one of the top Council priorities decided a the March 2002 retreat.

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

Postpone action on the Boys & Girls Club & City of Mercer Island Shared Use Facility Proposal until the City Council determines scope and scale of the new community center.

The Chair put the question on the motion; Motion Failed 3-4 (Proponents of motion Councilmembers Blake, Goldmanis, and Pearman).


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

Approve Part 1 and Part 3 of the Boys & Girls Club & City of Mercer Island Shared Use Facility Proposal to invest $1 million for 25 years of shared gym use and any other city benefits to be negotiated and instruct staff to prepare implement documents.

The Chair put the question on the motion; Motion Passed 5-2 (Councilmembers Goldmanis & Pearman dissenting).

AB 3710 Public Hearing: Proposed 2003-2004 Budget – General Fund Revenues and Expenditure Issues, Capital Reserves.
Finance Director Joanne Sylvis began the2003-2004 budget overview with information on property tax, the debt burden of the City and realistic and pessimistic financial forecasts. Department staff from Parks and Recreation, Youth and Family Services and Development Services were on-hand to answer questions regarding the General Fund expenditure increases and decreases. The presentation concluded with information on the Capital Reserves Fund and the Capital Improvement Fund.

The Mayor opened the Public Hearing.

There were no comments.

The Mayor closed the Public Hearing.

Staff answered questions from the City Council.

AB 3713 CCMV Council Sub-Committee Report
Mayor Merkle commended the sub-committee (Councilmembers Grausz, Goldmanis, and Pearman) on completing the report quickly and thoroughly.

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

Approve the CCMV Council Sub-committee’s recommendations, including processes for establishing a purpose and intent statement, public involvement process, impacts mitigation process, “Givens and Variables” direction to the design team and selection of Miller Hull as the City’s architectural firm for the community center project.

The Chair put the question on the motion; Motion Failed 3-4 (Proponents of motions Councilmembers Grausz, Goldmanis, & Pearman).


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

Choose a design team assuming that the fee estimate data supports decision, Council approve an addendum to previous contract with Miller Hull and deign team. Proceed from 1998 design, making adjustments in project scope, scale and cost per a fee schedule Miller Hull to compare with predicted fees for starting with a new firm from scratch.

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

Open Council Discussion
(See Councilmember Reports)

Other Business

Councilmember Absences:
Councilmember Grausz will be absent on Tuesday, November 12, 2002.

Planning Schedule:
Add CCMV Council Sub-Committee Report to the November 4, 2002 meeting.

Board Appointments:
It was moved by Councilmember Blake; seconded by Councilmember Cairns to:

Confirm the Mayor’s appointment of Julianne Parsons to the Design Commission.

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

Councilmember Reports:
Mayor Merkle re: Mercer Island High School Stadium Field being unlocked when not in use.
Mayor Merkle re: establishing the Parks and Recreation Sub-Committee

Adjournment: Tuesday, October 22, 2002, 12:04 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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