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Monday, March 03, 2003

Call To Order

Mayor Alan Merkle called the meeting to order at 6:00 pm in the Council Chambers of City Hall, 9611 SE 36th Street, Mercer Island, Washington.

Roll Call

City Councilmembers Susan Blake (arrived 6:08 pm), Bryan Cairns, Sven Goldmanis, Dan Grausz, El Jahncke, Jim Pearman and Mayor Alan Merkle were present.

Study Session

AB 3745: Planning Commission Work Program for 2003: Code Amendments
Development Services Director Richard Hart introduced the Planning Commission’s 2003 Priority List of Unified Land Development Code Amendments to the City Council. The following Planning Commission members were in attendance: Anne Fox, Steve Bryan, Melinda Huff, Orm Sherwood, and Bill Chapman.

Following discussion, the City Council directed staff and the Planning Commission to focus on:
  1. Revisions to criteria for siting of Group Homes.
  2. Code Authorization of Street Use and ROW Permits.
  3. Revised Indemnification Provisions and add optional DNS process under SEPA provisions.
  4. Revised Design Standards for non-Town Center areas.
After a mid-year progress review of these items, in regards to staff capacity other considerations the Council may want to evaluate, the Council and the Planning Commission may begin to review background information on:
  • Parking/Storage of Abandoned Vehicles, Junk, and Construction Materials on Residential Lots and Junk Yards.
  • Add provision for Planned Unit Development (PUD) Floating Zone.


Rick Power, 3839 80th Ave SE, representing the Mercer Island Peacemakers, addressed the issue of the campaign of “Cities for Peace”. He handed out a packet of information with three possible resolutions for the Council’s consideration. He urged the Council to take a position on the possible war with Iraq.


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

Approve the Regular Meeting Minutes of February 18, 2003 as written.

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

Consent Calendar
Payables: $ 791,006.04  
Payrolls: $ 456,035.37 (03/21/03) $ 431,070.61 (04/04/03)

AB 3747: Collective Bargaining Agreement with the Firefighter’s Association: Authorize the City Manager to sign the Collective Bargaining Agreement with the Firefighter’s Association for the period of January 1, 2003 through December 31, 2005.

AB 3741: Interlocal Agreement for Technical Rescue: Authorize the City Manager to sign the Interlocal Agreement for Technical Rescue.

It was moved by Councilmember Blake; seconded by Councilmember Jahncke 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 3746: Open Record Hearing: Appeal of Shoreline Exemption Permit (SHL02-036) and SEPA Determination (SEP02-032) for a Boatlift at 7270 North Mercer Way
Associate Planner Elizabeth Arnesen introduced the appeal to the City Council. She summarized the history and background of the shoreline exemption permit and SEPA determination for the boatlift at 7270 North Mercer Way.

The Mayor opened the public hearing.

Ryan Vancil, Counsel for the Appellant (Cheryl and Ron Berenson), explained to the Council the reason for the appeal of the shoreline exemption permit. He stated that the photos included in the agenda bill are not reflective of where the boatlift will be located. The appellant (the Berenson’s) would like to see the process followed and having the process complied with by the City and the applicants in particularly with regards the health of the environment in Lake Washington and the Mercer Island area. He feels that there lack of analysis of the possible environmental impacts.

Dr. Ronald J. Berenson, 7264 North Mercer Way, explained the Council that his reason for filing an appeal of decision is because the proposed boatlift is too close to the shore and because the project cost exceeds $5000 and is not exempt under the Shoreline Management Program. His kids swim in the area that the boatlift is proposed and he feels it would danger the ecology of the shoreline.

John Kinley, Representative from Sunstream Boatlifts, stated that the boatlift position was chosen at random. He explained how the boatlift would not disturb the environment around the proposed site. He answered questions from the Council.

Ron Glatz, 7270 North Mercer Way, stated that he has never had a dispute with a neighbor and he feels that this dispute is not about the boatlift but is about a lack of communication between neighbors.

Lou Glatz, 7270 North Mercer Way, stated that the boatlift location is further forward because of the ladder for swimmers at the end of the dock.

The Mayor closed the public hearing.

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

Affirm the administrative decisions made on December 20, 2002, and find that there has been no substantial error, nor procedural or factual errors; and adopt the findings and conclusions as outlined in the Notice of Decision (See Attachment A).

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

AB 3749: Local Government Joint Legislative Proposal
City Manager Rich Conrad introduced the Local Government Joint Legislative Proposal to the City Council. He explained the proposal and how it relates to Mercer Island. After discussion of the different bills separately and as a legislative package, the Council decided to take no position on the Tri-Association Joint Legislation Proposal.

Other Business

Councilmember Absences:
Councilmember Goldmanis will be absent from the March 17th Council Meeting.

Planning Schedule:
Community Center Agenda item moved to April 4, 2003.

Town Meeting: Thursday, March 6, 2003 at 7:00 pm at Holy Trinity Lutheran Church with Mayor Merkle, Councilmember Jim Pearman, and Councilmember Dan Grausz.

Add the Camp Fire Kid Day Proclamation to the March 17 Meeting.

Joint Council/MISD Meeting to be scheduled.

Board Appointments:
There were none.

Councilmember Reports:
In response to Mr. Power’s request earlier in the meeting (during appearances), the City Council decided to take no position on the possible war with Iraq.

Adjournment: 10:04 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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