CITY OF BELLEVUE CITY COUNCIL. Summary Minutes of Regular Session. 8:00 p.m. Bellevue, Washington

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1 CITY OF BELLEVUE CITY COUNCIL Summary Minutes of Regular Session January 3, 2006 Council Chambers 8:00 p.m. Bellevue, Washington PRESENT: ABSENT: Mayor Degginger, Deputy Mayor Chelminiak, and Councilmembers Balducci, Davidson, Lee, Marshall, and Noble None. 1. Call to Order The meeting was called to order at 8:04 p.m. by Mayor Degginger, who presided. 2. Roll Call, Flag Salute Upon roll call by the City Clerk, all Councilmembers were present. Mr. Noble led the flag salute. 3. Communications: Written and Oral Gary Manzari, a neighbor of Tent City 4 at Temple B nai Torah, expressed support for the City s ordinance regarding temporary encampments. He showed photographs and described the improved conditions over previous Tent City locations. He thanked the Temple for complying with portions of the ordinance. However, he is saddened the Temple decided to file a lawsuit. He suggested the formation of a task force with neighborhood, community, Temple, and City representatives to address homelessness. Karen Morris, also a neighbor of the Temple, provided a written statement of her testimony. She asked Council to uphold the temporary encampments ordinance. She noted two instances of Tent City residents with outstanding warrants as well as a sex offender. One resident of Bellevue s Tent City 4 was apprehended twice in one day for volatile and threatening behavior. Ms. Morris described incidents of car prowls in the neighborhood and a condom stretched over the mailbox flag of the preschool. She described additional reports by neighbors of human waste in Hillaire Park, a bag of prescription drugs found in someone s yard, and the presence of beer cans, whiskey bottles and trash in the park and neighborhood.

2 Page 2 (c) (d) (e) Julie Riley, a neighbor of the Temple, asked Council to uphold the temporary encampments ordinance. She noted instances of human waste in the local park, the witnessing of drug deals, and car prowls since Tent City 4 moved in. She requested that future Tent City locations in Bellevue not allow anyone to enter without proof of identification, and that someone other than the host organization conduct these checks. Ms. Riley said there are 12 churches in her neighborhood and cautioned against burdening one area with repeated Tent City sitings. Residents have been told that so far the City has given verbal warnings to Tent City 4 but has not documented any infractions. She asked staff to begin documenting infractions and issuing fines. Ms. Riley said she was told by staff that citations for infractions apply only to the current site and will not follow SHARE/WHEEL as they move. She asked Council to amend the ordinance to prevent repeated Tent City sitings in the same neighborhood (five-mile radius) more than once every 18 months. Marcia McGhee expressed ongoing concern regarding her allegation of assault that she says has not been investigated by Bellevue Police Department. She read a letter from her psychologist dated July 25, 2001, which was previously submitted to the Police. The letter states his opinion that the speaker was repeatedly assaulted by a fellow employee. Lori Taylor, Bellevue Farmers Market, thanked Council and the City for its support in Attendance increased from 13,000 in 2004 to 23,000 this past year. The market features 39 small family farms from 12 counties as well as additional food processors, bakeries, and two prepared food vendors. Gross sales increased from $244,000 in 2004 to $366,000 in Farmers donated more than 7,000 pounds of fresh, leftover produce valued at approximately $10,600 to the local food bank, Hopelink. The market also provides live music, cooking demonstrations, and presentations by nonprofit organizations. Ms. Taylor thanked the market s sponsors Wells Medina Nursery, Windermere, and Seattle Maintenance Company. She thanked First Presbyterian Church of Bellevue for providing the site and facilities. Ms. Taylor said the Bellevue Farmers Market has been allocated $15,000 in the 2006 King County budget. 4. Reports of Community Councils, Boards and Commissions: None. 5. Report of the City Manager City Manager Steve Sarkozy explained that the Council is meeting in the Council Conference Room this month in preparation for the move later this month to the new City Hall in downtown Bellevue. Crews have already begun dismantling Council Chambers in this building for the move. 6. Council Business Deputy Mayor Chelminiak visited Garden d Lights at Bellevue Botanical Garden on New Year s Eve.

3 Page 3 Mr. Lee referenced comments during Oral Communications this evening regarding homelessness and reviewed the City s involvement in and funding of housing and human services programs. Mr. Noble noted the countywide Committee to End Homelessness, which provides opportunities for citizens to become involved and provide input. Mr. Noble attended a special meeting of the Eastside Transportation Partnership to address Sound Transit s staff recommendations to reduce Eastside projects. ETP also discussed transportation proposals for the state legislature. Mrs. Marshall attended a meeting of the Sound Transit Board. She congratulated Mr. Noble for being re-elected as ETP Chair. Ms. Balducci attended meetings of the Puget Sound Regional Council (PSRC) Transportation Policy Board and ETP. Mayor Degginger congratulated Mrs. Marshall for being selected as Vice Chair of the Sound Transit Board. He thanked Mrs. Marshall and Mr. Noble for their service as Mayor and Deputy Mayor over the past two years. 7. Approval of the Agenda Deputy Mayor Chelminiak moved to approve the agenda, amended to add Agenda Item 11, Resolution No Mr. Lee seconded the motion. The motion to approve the agenda, as amended, carried by a vote of Consent Calendar Deputy Mayor Chelminiak moved to approve the Consent Calendar, and Ms. Balducci seconded the motion. The motion to approve the Consent Calendar carried by a vote of 7-0, and the following items were approved: Minutes of November 28, 2005 Special Meeting Minutes of November 28, 2005 Extended Study Session Minutes of December 5, 2005 Special Meeting Minutes of December 5, 2005 Study Session Minutes of December 5, 2005 Regular Session Minutes of December 12, 2005 Special Meeting Minutes of December 12, 2005 Study Session Minutes of December 12, 2005 Regular Session Motion to approve payment of claims for the period December 10 through December 30, 2005.

4 Page 4 (c) (d) (e) (f) (g) Resolution No authorizing execution of an amendment extension of the contract with Rx America for the professional services of a prescription drug third party administrator. Resolution No authorizing execution of an amendment extending the professional services contract with Benefit Services Group, Inc., in an amount not to exceed $80,000 for on-line benefit management and enrollment services. Motion to reject Bid No for New City Hall Deli tenant improvements. Resolution No authorizing execution of a one-year contract with University Mechanical Contractors in the amount of $126,534 for HVAC at the New City Hall. Ordinance No authorizing: 1) execution of two grant agreements (and supplements if necessary) with the Washington State Department of Transportation for the acceptance of Federal Highway Administration Discretionary Funds awarded through the SAFETEA-LU High Priority Projects Program; and 2) amendment of the CIP Plan by increasing the project budget for the NE 10 th Street Extension project (CIP Plan No. PW-R-149); and 3) amendment of the General Capital Investment Program (CIP) Fund to increase the appropriation by $9,153, Public Hearings: None. 10. Land Use Land Use Code Amendment expanding land use decision noticing provisions to 300 Feet Ordinance No amending the Bellevue Land Use Code to modify land use decision notice requirements. Kathleen Burgess, Comprehensive Planning Manager, recalled discussion with Council on November 28 about expanding the noticing requirement for land use actions to 300 feet. She noted options developed by staff on page 10-3 of the Council packet. Responding to Ms. Balducci, Ms. Burgess clarified the cost estimates associated with the public noticing distance options [Page 10-1 of packet]. Mr. Chelminiak reiterated his interest in extending the noticing area beyond any public property adjacent to a proposed land use action. Dan Stroh, Planning Director, reviewed the diagrams on page of the packet estimating the number of property owners who would be affected by noticing distances of 200, 300, 400 and 500 feet.

5 Page 5 Councilmember Marshall moved to adopt Ordinance No. 5649, amended to expand the noticing distance to 500 feet. Mr. Degginger seconded the motion. Mr. Degginger said this issue was discussed by the Planning Commission as far back as The motion to adopt Ordinance No. 5649, as amended, carried by a vote of 7-0. Land Use Code Amendment review process for Comprehensive Plan Amendments Ordinance No amending the Bellevue Land Use Code to clarify Comprehensive Plan Amendment and review procedures and public participation in those processes. Ms. Burgess explained that the primary purpose of the proposed amendments is to clarify the procedures for amending the Comprehensive Plan. In response to Council s request during the November 28 discussion, Ms. Burgess noted additional information regarding significantly changed circumstances beginning on page of the packet. Ms. Burgess suggested amending the noticing distance referenced in the proposed ordinance [Page 10-37] to be consistent with action just taken by Council. On the last page of the ordinance, substantially changed circumstances should read significantly changed circumstances. Ms. Balducci thanked staff for the additional definition and examples of significantly changed circumstances as a Comprehensive Plan Amendment decision criterion. She feels this provides enhanced guidance for citizens as well. Deputy Mayor Chelminiak moved to adopt Ordinance No. 5650, amended as suggested by Ms. Burgess. Mr. Degginger seconded the motion. Dr. Davidson does not support the ordinance. He feels the CPA process is becoming too lengthy and complex. The motion to adopt Ordinance No. 5650, as amended, carried by a vote of 6-1, with Dr. Davidson dissenting. 11. Other Ordinances, Resolutions and Motions Resolution No extending the Substantial Completion date for the City Hall project from December 23, 2005 to January 20, Planning and Community Development Director Matt Terry described the need to change the substantial completion date due to design changes affecting construction and the contractor s management of the project. Staff recommends that the substantial completion date be extended to January 20, 2006.

6 Page 6 Deputy Mayor Chelminiak moved to approve Resolution No. 7315, and Ms. Balducci seconded the motion. The motion to approve Resolution No carried by a vote of Unfinished Business: None. 13. Continued Oral Communications Joel Jackman, a neighbor of Temple B nai Torah, recalled past comments that Tent City 4 s presence in Bellevue would stimulate positive dialogue about homelessness. He observed that this has not happened and instead the community has become more polarized. He feels portrayals of the City Council have been unfair. Tonya King thanked Councilmembers for their hard work and for all the positive activities in the community. She offered to volunteer on the homeless issue. 14. New Business: None. 15. Executive Session Mayor Marshall announced recess to Executive Session for approximately 40 minutes to discuss two items of pending litigation. The meeting will adjourn immediately following this session. 16. Adjournment At 8:53 p.m., Mayor Degginger declared the meeting adjourned. Myrna L. Basich City Clerk kaw