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Tuesday, February 17, 2004

Call To Order

Mayor Alan Merkle called the meeting to order at 6:02 pm in the Council Chambers of City Hall, 9611 SE 36th Street, Mercer Island, Washington.

Roll Call

City Councilmembers Brian Cairns, Sven Goldmanis, Dan Grausz, El Jahncke, Steve Litzow, Jim Pearman, and Mayor Alan Merkle were present.

Study Session

AB 3842: Financial Forecast
Finance Director Joanne Sylvis presented the financial forecast for the City of Mercer Island. Discussion included revenue and expenditure drivers for the General Fund, the realistic and optimistic forecasts for the General Fund and forecasts for the Capital and Street Funds.

The Study Session was adjourned at 7:03 pm. The Regular Meeting reconvened at 7:34 pm.

Appearances

Nancy Spaeth, 8320 SE 34th Street, spoke to the Council regarding the Park-and-Ride. She believes that adding more parking will add more commuters to the Island’s lot. She is worried that the new garage will not be safe because it will be too dark. She also asked where commuters will park during construction.

Mayor Merkle responded that Sound Transit rents the land from Washington DOT and therefore it can be used by anyone. He assured Ms. Spaeth that the issues of safety are being addressed in the design.

Scott McMurray, 6323 74th Ave SE, asked the Council to consider a resolution to ban smoking in indoor public places on Mercer Island. He also asked the Council to incorporate Mercerdale Hillside into the Open Space Conservancy Trust and use some of the funds set aside for Pioneer Park to maintain the hillside instead.

Minutes

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

Approve the Regular Meeting Minutes of February 2, 2004 as written.

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

Consent Calendar
Payables: $ 797,769.79  
Payrolls: $ 452,432.49

It was moved by Councilmember Goldmanis; seconded by Councilmember Litzow 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 3841: Public Hearing: Starbucks Coffee Development Agreement and Ordinance No. 04-05
Mayor Merkle noted that this was a quasi-judicial hearing and asked if any Council member had any ex parte communications to disclose or other Appearance of Fairness items to discuss.

Councilmember Goldmanis placed on the record the content of certain communications he had had with Starbucks, Dollar Development and the owners of Simba’s but indicated he did not have a financial interest in the project and was prepared to consider the matter without bias.

Mayor Merkle asked if any public wished to rebut such statements and Marco de Sa e Silva, Davis Wright Tremaine LLP, 2600 Century Square, 1501 Fourth Avenue, Seattle, WA testified objecting to Councilmember Goldmanis’ participation in the hearing under both the appearance of fairness doctrine and because he has a personal financial interest in the project.

Mr. de Sa e Silva’s objection was noted and Mayor Merkle opened the public hearing.

City Attorney Londi Lindell detailed the development agreement.

Development Services Director Richard Hart answered questions regarding the definition of a corner lot.

Fifteen minutes were given to the proponent and fifteen minutes were given to the opponent.

Proponent: Marco de Sa e Silva, Davis Wright Tremaine LLP, 2600 Century Square, 1501 Fourth Avenue, Seattle, WA, representing Starbucks Coffee Company, testified in favor of the City granting the Development Agreement and encouraged the Council to approve the same. Marco de Sa e Silva answered questions from the Council.

Opponent: John Houlihan, Short Cressman & Burgess PLLC, 999 Third Avenue, Suite 3000, Seattle, WA, representing Dollar Development & Gateway Commons Project, testified in opposition to the Development Agreement and opposed Council’s approval on the basis of the location of the parking lot, noise and pollution concerns.

Rebuttal: Marco de Sa e Silva, Davis Wright Tremaine LLP, 2600 Century Square, 1501 Fourth Avenue, Seattle, WA, representing Starbucks Coffee Company rebutted Mr. Houlihan’s testimony.

The Mayor closed the Public Hearing.

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

Adopt amended Ordinance No. 04-05 approving the amended Starbucks Coffee Development Agreement and direct the City Manager to enter into such amended Development Agreement.

City Council discussed Councilmember Grausz’s proposed amendments to the Development Agreement.

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

AB 3843 March 9th Election Fact Sheet
Deputy City Manager Deb Symmonds presented the Invasive Plant Removal, Open Space, Trails and Education Levy Fact Sheet to the City Council for their consideration as a mailer to go out to all Mercer Island residents.

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

Direct the City Manager to mail the March 9th Special Election Fact Sheet to all Mercer Island residents with amendment to bold the following text: “…www.miparks.org. This web site is in no way associated with either the City of Mercer Island and/or the Mercer Island Parks Department.” and to amend the text to read “…approval of the Initiative and are not statementsrepresentative of the opinions of City Council or City staff.

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

AB 3844 Financial Issues: I-860 & Streamlined Sales Tax
City Manager Rich Conrad presented information to begin the process of informing the Council of the scope, scale and timing of I-860, the Streamlined Sales Tax Project, and Municipal B&O Tax changes which could have a significant impact on the City’s finances.

Other Business

Councilmember Absences:
Mayor Merkle will be absent for the March 29th Council Meeting.
Councilmember Grausz will be absent for the April 19th Council Meeting.

Planning Schedule:
Proposed dates for City Council School Board Joint meeting April 6th, April 20th or April 27th.
Mayor Merkle asked that any other small items be added to the March 1st agenda.

Board Appointments:
There were none.

Councilmember Reports:
Councilmember Pearman re: CERT & City Attorney Londi Lindell.

Adjournment: 9:52 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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