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Monday, December 15, 2003

Call to Order:

Mayor Alan Merkle called the meeting to order at 6:01 pm in the Council Chambers of City Hall, 9611 SE 36th Street, Mercer Island, Washington.

 

Roll Call:

City Councilmembers Susan Blake (arrived 6:03 pm), Bryan Cairns, Sven Goldmanis, Dan Grausz, El Jahncke, Jim Pearman, and Mayor Alan Merkle were present.

 

Executive Session:

Mayor Alan Merkle adjourned the Council to Executive Session in the Caucus Room at 6:02 pm for approximately an hour and a half to discuss Collective Bargaining [RCW 42.30.110(g)] & Potential Litigation [RCW 42.30.110(i)].

 

The Executive Session was adjourned at 7:25 pm. The Regular Meeting reconvened at 7:32 pm.

 

Special Business:

Councilmember Susan was acknowledged and recognized for her career with the City of Mercer Island. Councilmember Blake has served on the City Council since 1999. Mayor Merkle read and presented Councilmember Blake with a resolution of appreciation for her years of service to the community. Councilmember Blake thanked the Council for the recognition and thanked City staff for their hard work.

 

Appearances:

·         Tsering Yuthok Short, PO Box 294, expressed concern about the lack of lighting and sidewalks on 84th Ave SE between SE 28th Street and SE 39th Street.  

·         Sue Stewart, 3205 84th Ave SE, Citizens to Preserve Upper Luther Burbank Park, would like the City to maintain Luther Burbank Park and not make any improvements to it so taxes can stay low.  She also expressed concern that information about the Sewer Lakeline Project has not been publicized enough.

·         Deborah Ferse, 3203 84th Ave SE, felt that the process for public comment on the park improvements policy had too short of a timeline and did not give citizens enough time to respond.

·         John Rose, 3066 67th Ave SE, extended his best wishes to Councilmember Blake.  He stated he was disappointed that no new plans for the Community Center were available for review at the Traffic Study public meeting.  City Manager Rich Conrad responded that the City, in the process of keeping costs down, has purposely not had MillerHull produce new plans until 100% of Design Development phase has been completed.

 

Minutes:

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

Approve the Regular Meeting Minutes of December 1, 2003 as written.

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

 

Consent Calendar:

Payables: $ 790,686.51

Payroll: $ 456,675.59

 

It was moved by Councilmember Jahncke; seconded by Councilmember Pearman 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 3828: Boys & Girls Club Shared Use Agreement

City Attorney Londi Lindell presented a revised Boys & Girls Club Shared Use Agreement incorporating the following changes:

·         Provide a more detailed description of the work be performed by the Club: Added Section 1, Exhibit 1 (floor plan drawing);

·         List conditions precedent to distribution of the $1,000,000 to insure that the Club raises the necessary matching funds for the project: Section 2(B)(1) has been revised to include conditions precedent to the City distributing any portion of the $1,000,000 to the Club.

·         Provide adequate security for the City’s investment: Section 9 of the Agreement has been added to provide assurance to the City that if for any reason the Club fails to provide the use of the Gym to the City as contemplated by the Agreement, the City shall be reimbursed that portion of the $1,000,000 based upon such lost use; and

·         Describe the costs to be included in an annual utility assessment and additional maintenance costs: The Club is required to provide invoices or other evidence of any additional maintenance costs that are the “sole result” of the City’s use of the Gym and these costs “may not exceed $2,500 a year”. 

 

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

Approve the Joint Use Agreement to be entered into between the City and the Boys and Girls Club regarding the joint use of the Gymnasium amending Section 2 of the Agreement regarding the condition precedents to the City’s payment by defining the scope of work to exclude the multi purpose room and eliminating the 180 day extension to the timelines;  amending Section 3 regarding the timing of cash distributions to assure that the City’s payment is the final project payment; amending Section 9 liquidated damages to provide for recording of the Agreement and collection of any liquidated damages as a lien against the Property.

Councilmember Goldmanis made the following two friendly amendments that were accepted by the motion maker and the seconder:

1.   The Boys & Girls Club shall respond to the revised Agreement and either accept it or reject it on or before January 10, 2005;

2.   The Boys & Girls Club shall advise the City whether or not it plans to include the multi-purpose wing phase in its project on or before December 31, 2004.

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

 

 

AB 3826: Veteran’s Recognition Project - Final Design & Funding Approval

Parks & Recreation Director Pete Mayer introduced Arts Council Chair Susan Landon who detailed the Arts Council meeting where the Veterans Project was brought back for discussion as directed by the Council.  Although there were changes proposed by the public for different wording for the art piece, the Arts Council did not make any changes to the proposed project.

 

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

Appropriate $20,000 from the Municipal Arts Trust Fund for the Veteran’s Recognition Project, approve the recommended verbiage to be placed inside the Veteran’s Memorial structure and direct the City Manager to enter into a contract with artist/general contractor, Richard Frombach to create a site specific piece of art, as depicted in Exhibit 2, to serve as a Veterans Recognition Project at Mercerdale Park for $59,160 (art commission and sales tax).

The Chair put the question on the motion; Motion Passed 6-1 (Councilmember Jahncke dissented).

 

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

Appropriate remaining $42,500 for the Veterans Memorial Project from the Municipal Arts Trust Fund instead of the Beautification Fund.

The Chair put the question on the motion; Motion Passed 4-3 (Councilmember Blake, Cairns and Mayor Merkle dissented).

 

 

AB 3818: Pioneer Park Forest Management Plan-Final

Parks & Recreation Director Pete Mayer introduced Open Space Conservancy Trust Board Member Rita Moore who read the introduction to the Pioneer Park Forest Management Plan detailing the purpose and goal of the park’s plan.

 

Park Arborist Paul West gave detailed information regarding the plan and answered questions from the Council.

 

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

Accept the final Pioneer Park Forest Management Plan as presented.

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

 

 

AB 3827: Park Improvement, Gift Acceptance, and Donor Recognition Policy (No Presentation)

Parks & Recreation Director Pete Mayer answered questions from the City Council.

 

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

Approve the Park Improvement, Gift Acceptance and Donor Recognition policy as presented in Exhibit 1 of AB3827.

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

 

 

OTHER BUSINESS:

 

Councilmember Absences: There were none.

 

Planning Schedule: Councilmember Jahncke asked that the Council decide on retreat dates at the January 5th, 2004 meeting.

 

Board Appointments: There were none.

 

Councilmember Reports: Councilmember Blake re: the Eagle Scouts refurbishing the benches in the Town Center.

 

Adjournment: 10:35 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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