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Monday, June 18, 2007

CALL TO ORDER:
 
Mayor Bryan Cairns called the meeting to order at 6:06 pm in the Council Chambers of City Hall, 9611 SE 36th Street, Mercer Island, Washington.
 
 
ROLL CALL:
 
City Councilmembers Sven Goldmanis, Dan Grausz, El Jahncke, Steve Litzow (arrived 6:20 pm), Deputy Mayor Jim Pearman (arrived 6:25 pm) and Mayor Bryan Cairns were present. Councilmember Mike Grady was absent.
 
 
STUDY SESSION:
 
(1)        AB 4198            Emergency Water Supply Test Well Drilling Project (Joint Meeting with Utility Board)
 
Maintenance Director Boettcher introduced the Utility Board and Council to the City's Emergency Water Supply consultants - Roth Hill and Robinson Noble. The consultants provided a briefing on the results of the City's test well project at Rotary Park. The test well yielded 220 gallons per minute of supply and met or exceeded all appropriate water quality tests. After questioning and discussion, the Council directed staff to proceed with immediate temporary operational capability with a longer term goal of permanent emergency water supply delivery capability. The Council also directed the Utility Board and staff to investigate simpler, less costly dispensing facility designs and construction. The Utility Board was also directed to return with recommendations concerning future use or disposition of properties previously reserved for reservoir development.
 
 
EXECUTIVE SESSION:
 
The Council recessed into Executive Session at 6:45 pm to discuss potential litigation per RCW 42.30.110(1)(i) for approximately 15 minutes.
 
The Regular Meeting reconvened at 7:03 pm.
 
 
APPEARANCES:
 
Nathan Benson, 7344 Island Crest Way, 2nd grader at Lakeridge Elementary, would like a path along Island Crest Way near his bus stop (7300 block) because of speeding and a lack of space to ride a bike along the street.
 
David Benson, 7344 Island Crest Way, encouraged the Council to have a path on Island Crest Way completed this year as it is in the budget.
 
Susan Mattison, 7075 SE Maker Street, thanked the Council for addressing the safety concerns on 72nd Ave SE.
 
Debbie Bertlin, MI Resident, thanked the Council for including 72nd Ave SE improvements for 2008 in the Transportation Improvement Plan.
 
Stowe Sprague, 4553 84th Avenue SE, spoke about the SE 46th Street neighborhood concerns and asked the Council to support Merrimount/ Island Crest Way solutions to prohibit a left-hand turn onto Island Crest Way.
 
Stan Piha, 8360 SE 46th Street, asked that if left-turn access from Merrimount to Island Crest Way is restricted then left-turn access from SE 46th Street to Island Crest Way also be restricted.
 
 
MINUTES
 
(2)        It was moved by Councilmember Goldmanis; seconded by Deputy Mayor Pearman to:
Approve the Regular Meeting Minutes of June 4, 2007 as written.
Motion passed 6-0.
 
 
Consent Calendar:
 
(3)        Payables: $ 682,265.33              Payroll: $564,471.65
 
It was moved by Councilmember Litzow; seconded by Councilmember Goldmanis to:
Approve the Consent Calendar and the recommendations contained therein.
Motion passed 6-0.
 
 
Regular Business:
 
(4)        AB 4201            Fire Truck Lease Agreement Ordinance (no presentation)
 
It was moved by Councilmember Goldmanis; seconded by Councilmember Litzow to:
Approve and authorize the City Manager to execute the Interlocal Agreement with the Houston-Galveston Area Council, permitting purchasing under the terms of a previous bid from Pierce Manufacturing.
Motion passed 6-0.
 
It was moved by Councilmember Goldmanis; seconded by Deputy Mayor Pearman to:
Approve and authorize the City Manager to execute the contract between the City of Mercer Island and Pierce Manufacturing, Inc.
Motion passed 6-0.
 
It was moved by Councilmember Goldmanis; seconded by Deputy Mayor Pearman to:
Suspend City Council Rules of Procedure 5.2, adopt the terms of the Master Lease agreement and adopt Ordinance No. 07-07 authorizing said lease agreement.
Motion passed 6-0.
 
 
(5)        AB 4200            Adoption of 2006 Updates to the International Codes (2nd Reading)
 
Development Services Director Steve Lancaster presented Ordinance No. 07C-04 for a second reading and adoption to update the Mercer Island City Code Title 17 with the updated editions of the International Codes as required by Washington State.
 
It was moved by Councilmember Grausz; seconded by Councilmember Litzow to:
Adopt Ordinance No. 07C-04 attached as Exhibit 1 to AB 4200 with the following changes:
104.1.2. Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties while acting in good faith and without malice and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.
Motion passed 6-0.
 
 
(6)        AB 4197            Transportation Improvement Plan (TIP) Adoption
 
City Engineer Patrick Yamashita presented the 2008-2013 Transportation Improvement Plan. After discussion of the Island Crest Way/Merrimount/SE 44th Street intersection analysis the Council made the following motion:
 
It was moved by Deputy Mayor Pearman; seconded by Councilmember Litzow to:
Adopt the Six-Year Transportation Improvement Plan (TIP) for 2008-2013 as modified below:
Include Option 4a (Modified) with two additional modifications: (1) review the length of c-curb north of the intersection in the northbound lane so as not to impact driveways and (2) to maintain two southbound lanes on Island Crest Way immediately south of the intersection.
Motion passed 6-0.
 
 
(7)        AB 4199            Amend MICC 9.44.010 Regarding Trapping
 
City Attorney Bob Sterbank presented information regarding whether to adopt changes to Mercer Island City Code Section 9.44.010, which prohibits the hunting or trapping of animals. The Council was presented with four options for amending the code as follows: (1) no action; (2) defer to state law (would prohibit hunting/trapping only where it is already illegal under state law); (3) provide exception for trapping only where property owner determines animal is dangerous or a pest; or (4) provide exception for trapping only where City/State official determines animal is dangerous or a nuisance.
 
Council directed staff to amended the proposed ordinance to follow Option 2 and move to second reading and adoption on July 9th Council Meeting.
 
 
(8)        No AB              Yakima Jail Settlement Agreement
 
It was moved by Councilmember Litzow; seconded by Deputy Mayor Pearman to:
Approve the proposed settlement agreement among the King County cities and Yakima County and authorize the City Manager to sign the agreement.
Motion passed 6-0
 
 
OTHER BUSINESS:
 
Councilmember Absences:
Councilmember Grady’s absence was excused.
 
Planning Schedule:
There were no changes.
 
Board Appointments:
There were none.
 
Councilmember Reports:
Councilmember Goldmanis spoke about amending the code regarding the restriction of the size of an accessory dwelling unit to 40% of the total square footage of the principal residence.
It was moved by Councilmember Jahncke; seconded by Councilmember Goldmanis to:
Have staff review the Planning Commission work plan review ADU limitations
 
It was moved by Councilmember Litzow; seconded by Councilmember Grausz to:
Table the previous motion.
Passed 4-2 (Councilmembers Goldmanis & Jahncke dissented).
 
Mayor Cairns spoke about the Eastside Transportation Partnership meeting discussion about Boeing Field being turned over the Port of Seattle.

 
ADJOURNMENT:          8:58 pm
 

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