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Monday, December 01, 2003

Call To Order

Mayor Alan Merkle called the meeting to order at 6:03 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 (arrived 6:05 pm), and Mayor Alan Merkle were present.

Executive Session

Mayor Alan Merkle adjourned the Council to Executive Session at 6:03 pm for approximately a half of an hour.

The Executive Session was adjourned at 6:40 pm. The Study Session reconvened at 6:42 pm.

Study Session

AB 3825: I-90 Operations – Memorandum of Agreement Amendment
Mayor Merkle recapped the Council’s recent discussions on I-90 Operations concerning R8A and High Capacity Transit for the center roadway.

Six out of seven Councilmembers confirmed the principles stated in the July 15, 2003 letter to Sound Transit as the City Council’s position on I-90 Operations (Councilmember Goldmanis dissented). The Council directed the City Manager to work on the implementation of the principles in the Memorandum of Agreement Amendment.

The Study Session was adjourned at 7:40 pm. The Regular Meeting reconvened at 7:58 pm.

Appearances

Rita Moore, 4509 Ferncroft Road, asked the Council to consider amending the ordinance regulating the height of cell towers relative to the height of the surrounding trees.

Ira Appelman, 6213 83rd Place SE, Mercer Island Community Council, stated that not all of the changes to the Initiative and Referendum powers in the Mercer Island City Code will make it consistent with state laws and that some of the proposed changes are not to the citizen’s benefit.

Marty Gale, 9404 SE 54th Street, President of Mercer Island Action Forum, expressed concern that she did not have an opportunity to answer Councilmember Grausz’ statements from previous meetings regarding the Luther Burbank Levy and the 1-90 center roadway.

Minutes

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

Approve the Regular Meeting Minutes of November 17, 2003 as written.

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

Consent Calendar
Payables: $ 869,380.78  
Payrolls: $ 460,053.84

AB 3822: Cedar Cove Project Close-Out: Accept the completed 2003 Water System Improvements at Cedar Cove and authorize staff to close out the contract.
AB 3821: 2003 Roadway Improvements Close-Out: Accept the completed 2003 Roadway Improvements project and authorize staff to close out the contract.

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

Approve the Consent Calendar and the recommendations contained therein.

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

Regular Business

No AB Community Center Monthly Verbal Update
City Manager Rich Conrad reported that the Community Center project is on schedule and under budget. The Design Development is 50% complete, 100% of Design Development will be completed and ready for presentation to the Council in January 2004. The City Manager informed the Council that Vanir Construction Management, Inc has reforecast project expenses at $12.7 million.

Mr. Conrad stated that the project review committee had their first meeting last week. They discussed Luther Burbank Building space planning, temporary space for the pre-schools and day cares and temporary locations for Recreation programs. The committee:
  • Reviewed and commented that the traffic study appeared appropriately timed & scoped;
  • Concurred on an approach for the money from the fund for the arts to incorporate the art into the design of the building;
  • Recommended against using prefabricated walls and floors in the Community Center; and
  • Recommended not to assemble more cost comparisons from other community centers, since current comparisons appeared to validate CCMV costs as appropriate.

AB 3820 Public Hearing: Beckes Formal Subdivision
Associate Planner John Scandola explained the process of subdivisions on Mercer Island and described the elements of the Beckes formal subdivision plat.

Following questions of staff by the Council, the Mayor opened the public hearing.

Steve Spidel, Vice-President of RW Thorpe & Associates, 705 2nd Avenue, Suite 710, Seattle, WA 98104, thanked the staff, neighbors, and the nearby church for their cooperation and help.

Eric Beckes, 4441 88th Ave SE, explained the environment of the site and the project procedures to the Council.

The Mayor closed the public hearing.

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

Grant preliminary approval of the proposed six-lot, formal subdivision plat for Eric Beckes with the 23 Conditions of Approval as recommended by the Planning Commission. Preliminary approval is based on the criteria for review and staff analysis contained in the October 15, 2003 Planning Commission staff report and is in accordance with the criteria for subdivision approval contained in MICC 19.08.020(F).

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

AB 3824: Boys & Girls Club Shared Use Agreement
City Attorney Londi Lindell presented the history and background information on the Shared Use Agreement dated Draft 11-24-03 to be entered into between the City of Mercer Island and the King County Boys and Girls Club regarding the shared use of a gymnasium located at the Mercer Island Club at 2825 W. Mercer Way, Mercer Island, Washington.

Parks & Recreation Director Pete Mayer and Milt Reimers, from the Mercer Island Boys & Girls Executive Board, answered questions from the Council regarding the agreement.

The City Council directed staff make the following changes to the Boys & Girls Club Shared Use Agreement and bring the Agreement back to the Council at the December 15, 2003 meeting:

  • provide a more detailed description of the work be performed by the Club;
  • list conditions precedent to distribution of the $1,000,000 to insure that the Club raises the necessary matching funds for the project;
  • provide adequate security for the City’s investment; and
  • describe the costs to be included in an annual utility assessment and additional maintenance costs.

AB 3823: Amendments to Initiative & Referendum (I/R) Powers - Consistency with State Laws (2nd Reading)
City Attorney Londi Lindell presented the final version of the proposed changes to the Mercer Island City code regarding the Initiative and Referendum powers to make them consistent with Washington State Laws.

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

Adopt Ordinance No. 03C-19 amending Chapter 2.24 of the Mercer Island City Code regarding Initiative and Referendum powers to provide consistency between the MICC and state law.

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

AB 3823: Court Briefing – District Court Interlocal/Formation of Municipal Court
City Attorney Londi Lindell presented information on District Court options for the City of Mercer Island beginning January 1, 2005. The five different options for Mercer Island are:

  • Form the City of Mercer Island District Court in 2005;
  • Develop a Mercer Island ”Municipal Department” of the District Court;
  • Mercer Island Municipal Court provides court services to another city;
  • Mercer Island Contacts with another city for court services;
  • Mercer Island enters into a short-term contact with King County.
After Council’s questions were answered the following motion was made:

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

Direct the City Attorney to prepare the necessary enabling ordinances for the formation of the Mercer Island Municipal Court to commence operation on January 1, 2005; direct the City Manager to send a letter to Executive Sims notifying King County of the termination of the existing District Court Contract on December 31, 2004; direct the City Attorney to negotiate an Interlocal Agreement with Newcastle for the delivery of court services (return for Council’s consideration upon reaching agreement); and direct the City Manager to include the Municipal Court in the 2005-2006 biennial budget.

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

Other Business

Councilmember Absences:
There were none.

Planning Schedule:
Add the Boy & Girls Club Shared Use Agreement to the December 15, 2003 meeting agenda.

Board Appointments:
It was moved by Councilmember Grausz; seconded by Councilmember Pearman to:

Affirm the Mayor’s appointment of Bill Bell and Pam Pugel to the Youth and Family Service Advisory Board.

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

Councilmember Reports:
Councilmember Pearman re: Municipal Courts.

Adjournment: 10:55 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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