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City Council - Minutes     
Monday, November 16, 2009

Call To Order:

 

Mayor Jim Pearman called the meeting to order at 7:07 pm in the Council Chambers of City Hall, 9611 SE 36th Street, Mercer Island, Washington.

 

 

Roll Call:

 

Councilmembers Bruce Bassett, Mike Cero, Mike Grady Dan Grausz, Steve Litzow, Deputy Mayor El Jahncke and Mayor Jim Pearman were present.

 

 

City Manager Rich Conrad spoke about the City’s designation one of four local fleets that recently became the first in the Puget Sound region to be certified as “green” fleets through the Evergreen Fleets program.  He also noted that the City is a recipient of a $135,000 grant from the State Department of Commerce for home energy reporting (in partnership with Puget Sound Energy and six other Eastside cities), to upgrade two police vehicles to hybrid vehicles, to purchase electric bicycles for the bike patrol, add 5 additional charging stations for electric vehicles and to develop a green building tool kit. Mayor Pearman thanked Councilmember Grady for his work in securing the grant.

 

Mayor Pearman removed the Executive Session to discuss a collective bargaining agreement from the agenda.

 

 

Appearances:

 

Diane Pottinger, Cascade District Advancement Chairperson, introduced Mercer Island students who have recently achieved the status of Eagle Scout: Saul Tilden, John Bruckner, Cole Johnson, Carl Garrett, Kyle Weiss, Christopher Wales, Matthew Townsend and Nick Skouras. Each spoke about their projects and received a letter from the Mayor acknowledging their achievement.

 

Carv Zwingle, 6250 East Mercer Way, spoke about the Mercer Island Recycling Center closing.  He asked the Council to consider helping to keep it open as he believes there is a value to the community to have it open.

 

Tyler Lochran, 8289 SE 82nd Street, Vice-President of Committee to Save the Earth (at MIHS), and Daniel McKnight, 9012 West Shorewood Dr #413, Treasurer of Committee to Save the Earth (at MIHS), asked the Council for an opportunity to present a plan to operate the recycling center year-round.  The conducted a survey and 10% of the people said they would reduce the amount they would recycle if the center closed.

 

Marc Lacrampe, 7415 80th Place SE, supports the 3-lane configuration for Island Crest Way.  He doesn’t believe that installing a traffic light is the right solution for the intersection as there are other safety issues in the corridor.

 

Elizabeth Cross-Nichol, 7640 SE 72nd Place, travels Island Crest Way often and supports the change to 3-lane configuration.  She is concerned about drivers passing only to have to merge quickly and that crossing road is dangerous.  She would like the corridor to be safer.

 

Matt Cavanaugh, 8388 SE 50th Place, represented a group of 17 runners who support reconfiguration of Island Crest Way.  He believes the consultants have come up with good solution and he urged the Council to improve the corridor.

 

Jim Shannon, 4648 86th Ave SW, supports reconfiguration of Island Crest Way.  He spoke about having a difficult time crossing Island Crest Way.  He would ride his bike to work and ease the commute to Bellevue if the lanes were reconfigured.

 

Amanda Clark, 4319 86th Ave SER, lives close to Island Crest Way and SE 44th Street, but does not use the intersection to get onto Island Crest Way as she feels it is too dangerous.  She would like to see a light at the intersection but understands the constraints.  She would like the whole corridor to be reviewed not just the intersection.  She thinks the road diet is a good option to implement.  She would also like to see City help the recycling center stay open.

 

David Rowe, 4558 91st Avenue SE, supports the road diet.  He would like to see more commuting on bicycles to create a greener environment. If improvements are made to Island Crest Way considering bicycle traffic may move more people to use two wheels. He also stated he was shocked to learn in the recycling center is closing as it has been a great learning environment for so many years.

 

Christine Unutzer, 4320 89th Avenue SE, supports 3-lane configuration on Island Crest Way.  She spoke about driving the 3-lane configuration on Martin Luther King Way in Seattle and it is a pleasant experience to drive.

 

Peter Donaldson, 3635 88th Avenue SE, stated that he came the Council meeting to witness democracy from both sides of Council making policy and the citizens bringing forth opinions on issues.

 

City Manager Rich Conrad stated that Mercer Island Recycling Center has been run by the Mercer Island School District since the 1970’s.  The School District (tenant) has notified the City (landlord) that they will no longer be supporting and running the recycling center at Mercerdale Park.  The City will be developing a public process to determine the future of the site. 

 

 

MINUTES:

 

(1)        It was moved by Councilmember Litzow; seconded by Councilmember Grady to:

Study Session & Regular Meeting Minutes of October 19, 2009.

Motion passed 7-0.

 

It was moved by Councilmember Litzow; seconded by Councilmember Grady to:

Study Session & Regular Meeting Minutes of November 2, 2009.

Motion passed 7-0.

 

 

Consent Calendar:

 

(2)        Payables:   $339,446.18                        Payroll:    $619,362.17

 

(3)        AB 4483      Technical Rescue Interlocal Agreement with Fire Districts of Zone 1

                              Recommendation: Authorize the City Manager to sign Zone 1 Technical Rescue Response Interlocal Agreement.

 

(4)        AB 4482      Authorization to Receive Apportionment of East Jail Property Proceeds Distribution

                              Recommendation: Authorize the City Manager to execute a Proceeds Distribution and Hold Harmless Agreement to receive an apportionment of the jail property proceeds; such proceeds to be used for securing misdemeanant jail space for Mercer Island inmates.

 

(5)        AB 4485      2009 Water System Improvements Project Close-Out

                              Recommendation: Accept the completed 2009 Water System Improvements project and authorize staff to close out the contract.

 

It was moved by Councilmember Grady; seconded by Councilmember Litzow to:

Approve the Consent Calendar and the recommendations contained therein.

Motion passed 7-0.

 


 

Regular Business:

 

(6)        AB 4487            Confirmation of Municipal Court Judicial Nomination

 

City Manager Rich Conrad explained RCW 35A.13.080 which provides that any appointed municipal court judge shall be appointed “by the city manager subject to confirmation by the council” and RCW 3.50.040 which requires that all municipal court judges’ terms be 4 years. He presented the nomination of Judge Wayne Stewart to the Council for confirmation another four-year term.

 

It was moved by Councilmember Litzow; seconded by Councilmember Grady to:

Confirm Judge Wayne Stewart to continue as Mercer Island Municipal Court Judge for the four year term beginning January 1, 2010.

Motion passed 7-0.

 

 (7)       AB 4486            Sustainable Development Code (1st Reading)

 

Development Services Director Steve Lancaster presented two ordinances to the Council for amendments to the development code that remove the regulatory barriers to green building and low impact development practices.

 

Following discussion the Council directed staff to bring Ordinance Nos. 09C-17 and 09C-18 back to the December 7th Council meeting for second readings and adoption.

 

 

(8)        AB 4481            Public Hearing: 2009-2010 Mid-Biennial Budget Review

 

The Mayor opened the public hearing at 8:39 pm to receive comments on the 2009-2010 Mid-Biennial Budget Review.  There were no comments and the Mayor closed the public hearing.

 

Finance Director Chip Corder provided information on the following items to the Council:

·         3rd Quarter 2009 Financial Status Report

·         Contingency Fund Budget Policy

·         CCMV Operating Subsidy Budget Policy

·         2010 Capital Improvement Program Administrative Overhead

·         2010 Development Fees

·         Funding Fire Protection Costs in Water Utility Ordinance (2nd Reading)

·         2010 NORCOM Budget Adoption Resolution

·         Development and Construction Permit Fee Resolution

·         Amendments to MICC 4.12, Utilities Tax Ordinance (2nd Reading)

·         2010 Utilities Tax Rates Resolution

·         2010 Water, Sewer, Stormwater, and Emergency Medical Services Utility Rates Resolutions

·         2010 Property Tax Levy Ordinance options

·         2009-2010 Budget Amending Ordinance.

 

 

It was moved by Deputy Mayor Jahncke; seconded by Councilmember Grady to:

Adopt revisions proposed by Finance Director to 2009-2010 Contingency Fund Budget Policy.

 

It was moved by Councilmember Cero; seconded by Deputy Mayor Jahncke to:

Amend the “Use Guidance: Revenue Shortfall” Section 1(b) of the 2009-2010 Contingency Fund Budget Policy as follows:

“Expenditure savings in the current and coming fiscal years, including temporary employee layoffs but excluding regular employee layoffs (General Fund target: 3.0% of budgeted expenditures for a 12-24 month period).”

Motion failed 0-7.


 

 

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

Amend the “Use Guidance: Revenue Shortfall” Section 1(b) of the 2009-2010 Contingency Fund Budget Policy as follows:

“Expenditure savings in the current and coming fiscal years, including temporary employee layoffs but excluding regular employee layoffs (General Fund target: 3.0% of budgeted expenditures for a 12-24 month period).”

Motion passed 7-0.

 

Main motion passed 7-0.

 

 

It was moved by Councilmember Grady; seconded by Councilmember Bassett to:

Approve the use of the $300,000 revenue stabilization reserve to partially backfill the projected $1.25 million revenue shortfall in the General Fund for 2009.

Motion passed 7-0.

 

 

It was moved by Councilmember Bassett; seconded by Councilmember Grady to:

Revert back to staff’s approach to calculating “CIP Administrative Overhead” for the 2010 TIP, funding the differential by drawing down the fund balance in the Street Fund.

 

It was moved by Deputy Mayor Jahncke; seconded by Councilmember Litzow to:

Amend the previous motion to state:

Eliminate the “CIP Administrative Overhead” from the calculation of the overall administration of the Capital Improvement Program.

 

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

Table amended motion.

Motion passed 5-2 (Councilmember Cero and Deputy Mayor Jahncke dissented).

 

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

Table main motion.

Motion passed 7-0.

 

 

It was moved by Councilmember Bassett; seconded by Councilmember Grady to:

Pass Resolution No. 1419, which adjusts development and construction permit fees effective January 1, 2010 and thereafter.

Motion passed 7-0.

 

 

It was moved by Councilmember Grady; seconded by Councilmember Bassett to:

Pass Resolution No. 1421, which makes a finding of “substantial need” to set the levy limit at 101%.

Motion failed 4-3 [Councilmembers Cero, Litzow and Deputy Mayor Jahncke dissented (a supermajority vote was required for passage)].

 

Councilmember Grady excused himself from the meeting.

 

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

Adopt Ordinance No. 09C-13, which extends the City’s utilities tax to water utilities effective January 1, 2010.

Motion passed 6-0.

 

 

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

Pass Resolution No. 1422, which establishes a 1.7 percent tax rate on water utilities.

Motion passed 5-0 (Councilmember Grausz was out of the room).

 

 

It was moved by Councilmember Bassett; seconded by Deputy Mayor Jahncke to:

Pass Resolution No. 1420, which approves NORCOM’s 2010 budget allocation to the City of Mercer Island.

Motion passed 6-0.

 

 

It was moved by Councilmember Bassett; seconded by Deputy Mayor Jahncke to:

Pass Resolution No. 1415, which establishes classifications of water users and a schedule of charges for water usage, a schedule of rates for fire service, a schedule of special service charges, meter and service installation charges, and connection charges effective January 1, 2010 and thereafter.

Motion passed 6-0.

 

 

It was moved by Councilmember Bassett; seconded by Deputy Mayor Jahncke to:

Pass Resolution No. 1416, which establishes rates and connection charges for sewerage disposal services supplied by the City of Mercer Island effective January 1, 2010 and thereafter.

Motion passed 6-0.

 

 

It was moved by Councilmember Bassett; seconded by Deputy Mayor Jahncke to:

Pass Resolution No. 1417, which establishes the bi-monthly service charge for storm and surface water services supplied by the City of Mercer Island effective January 1, 2010 and thereafter.

Motion passed 6-0.

 

 

It was moved by Councilmember Bassett; seconded by Deputy Mayor Jahncke to:

Pass Resolution No. 1418, which establishes the bi-monthly utility fee for the emergency medical and ambulance services supplied by the City of Mercer Island effective January 1, 2010 and thereafter.

Motion passed 6-0.

 

 

It was moved by Councilmember Litzow; seconded by Deputy Mayor Jahncke to:

Pass Resolution No. 1421 (Revised), which makes a finding of “substantial need” to set the levy limit at 100%.

Motion passed 5-1 (Councilmember Grausz dissented).

 

 

It was moved by Deputy Mayor Jahncke; seconded by Councilmember Litzow to:

Adopt Ordinance No. 09-14 (Option 1 - Revised), which appropriates funds and fixes the amount of property taxes to be levied for the year 2010.

Motion passed 5-1 (Councilmember Grausz dissented).

 

 

It was moved by Deputy Mayor Jahncke; seconded by Councilmember Litzow to:

Adopt Ordinance No. 09-15 (Option 1 - Revised), which identifies the dollar amounts and percentage increases of the regular property tax levy and the levy lid lift for the year 2010.

Motion passed 6-0.

 

 

It was moved by Deputy Mayor Jahncke; seconded by Councilmember Litzow to:

Adopt Ordinance No. 09-16, which amends the 2009-2010 adopted budget.

Motion passed 6-0.

 

 

OTHER BUSINESS:

 

Councilmember Absences: 

There were no absences.

 

Planning Schedule:

There were no changes.

 

Board Appointments:

There were no appointments.

 

Councilmember Reports:

Councilmember Cero spoke about the Veteran’s Day presentation at Island Park Elementary.

 

 

EXECUTIVE SESSIOn:

 

The City Council, City Attorney Katie Knight, City Manager Rich Conrad, Deputy City Manager James Mason and Development Services Director Steve Lancaster convened to Executive Session at 11:07 pm to discuss property acquisition pursuant to RCW 42.30.110(1)(g) for approximately 15 minutes.

 

The Executive Session was adjourned at 11:24 pm and the Regular Meeting was reconvened.

 

 

Adjournment:          11:25 pm

 

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