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Monday, March 29, 2004

Call To Order

Deputy Mayor Brian Cairns called the meeting to order at 6:04 pm in the Council Chambers of City Hall, 9611 SE 36th Street, Mercer Island, Washington.

Roll Call

City Councilmembers Sven Goldmanis, Dan Grausz (arrived 6:06 pm), El Jahncke, Steve Litzow, Jim Pearman and Deputy Mayor Brian Cairns were present. Mayor Alan Merkle was absent.

Study Session

AB 3853: Planning Commission 2004 Work Program
Development Services Director Richard Hart presented the 2004 work program for the Planning Commission. City Councilmembers and Planning Commission Members discussed the current and upcoming items on the 2004 work program.

The Study Session was adjourned at 7:08 pm to Executive Session to discuss potential litigation under RCW 42.30.110 during the Council’s dinner break. The Executive Session ended at 7:35 pm and the Regular Meeting reconvened.

Special Business

Deputy Mayor Bryan Cairns read a proclamation declaring April Volunteer Appreciation Month. He also reminded the Council that the City’s annual Volunteer Appreciation event will be held on April 2, 2004.


There were none.


It was the consensus of the City Council to postpone the adoption of the Annual Retreat Minutes form March 5-7, 2004 until the next meeting. Councilmembers will direct their proposed changes to City Manager Rich Conrad.

Consent Calendar
Payables: $ 638,981.64  
Payrolls: $ 448,607.72

AB 3854: Interlocal Agreement for Shared Code Enforcement Officer: Approve the Interlocal Agreement with the City of Kirkland for sharing of a Code Enforcement Officer position and authorize the City Manager to sign such agreement.

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 6-0.

Regular Business

AB 3856: Public Hearing: Code Amendments on Wireless Communication Facilities (2nd Reading)
City Attorney Londi Lindell presented Ordinance No. 04C-02, amending the Mercer Island City Code regulations covering wireless communication facilities, with the changes made at the March 15, 2004 meeting.

Ms. Lindell explained the new proposed site for the location of a wireless communications facility that was to be placed in Clise Park.

Following Ms. Lindell’s presentation, the Deputy Mayor opened the public hearing for public testimony.

Ms. Lorentz, 5628 89th Ave SE, had questions regarding the Parks Director’s role in determining location of wireless communication facilities in the City’s parks.

Ira Appelman, 6213 83rd Place SE, does not believe that there should be any changes to the city code for WCF’s in Island Crest Park as an agreement was reached between the neighborhood and the Council. Mr. Appelman does support the changes to the code for WCF’s in Clise Park, but would have like to have seen the City explore other options in proximity to Clise Park.

The Deputy Mayor closed the public hearing and returned the issue to the Council for questions of staff and for discussion and debate.

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

Adopt Ordinance No. 04C-02 amending the Wireless Communication Facilities regulations.

Councilmember Grausz proposed an amendment to Ordinance No. 02C-04, Section 3 to make paragraph 1 mandatory and then choose either paragraph 2 and 3, regarding the discretion of the Parks Director in determining a height variance; however there being no second to the amendment, the motion failed.

The Chair put the question on the main motion; Motion Passed 6-0.

AB 3857: Cingular Wireless – Clise Park DSR03-008
City Attorney Londi Lindell explained the process for review and approval of the installation of a wireless communication facility (WCF). She detailed the Cingular Wireless request and informed the Council and audience of the recent change to the location of the WCF to be outside of Clise Park.

Kristi Park, Community Representative for Cingular, thanked the City Council for the opportunity to work with the City to locate a wireless Communication Facility on City property.

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

Authorize the City Manager to enter into the Telecommunications Site Lease with Cingular for a wireless communication facility to be located at the intersection of Island Crest Way, 84th Avenue SE and SE 39th Street. The Lease shall specify that the intersection site shall be the site for the wireless communication facility unless a legal challenge is filed in Superior Court challenging this location, in which case the wireless communication facility may be located in Clise Park as approved by the Design Commission.

The Chair put the question on the motion; Motion Passed 6-0.

AB 3858: Year-End Financial Report
Finance Director Joanne Sylvis presented a review of the financial results for 2003 for the General fund, the Utilities Funds, the Capital Improvement Program and all other funds for the City.

Following questions of staff and discussion the Council made the below motions:

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

Adopt Ordinance No. 04-07 incorporating budget revisions to the 2003-2004 biennial budget and amending Ordinance Nos. 02-13, 03-03, 03-05, 03-12, and 03-18.

The Chair put the question on the motion; Motion Passed 6-0.

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

Appropriate $63,000 from the Water Fund for fire hydrant replacements along Island Crest Way, to precede street resurfacing.

The Chair put the question on the motion; Motion Passed 6-0.

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

Appropriate $18,000 from the Sewer Fund for emergency repairs to the Sewer Lake Line.

The Chair put the question on the motion; Motion Passed 6-0.

Other Business

Councilmember Absences:
Mayor Merkle was absent. Moved by Councilmember Pearman, seconded by Councilmember Litzow to excuse the absence. Motion passed 6-0.

Planning Schedule:
Joint meeting with the School Board is scheduled for Monday, April 24th.
Move Open Space Conservancy Trust Annual Report & Arts Council Annual Report and 2004 Work Plan to the May 3rd Council Meeting.
Add Citizen Committee for Council Compensation to the April 19th Meeting.

Board Appointments:
There were none.

Councilmember Reports:
Councilmember Goldmanis re: planning of North Mercer overlay.

Adjournment: 9:32 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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