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Monday, August 02, 2004

Call To Order

Mayor Alan Merkle called the meeting to order at 7:39 pm in the Council Chambers of City Hall, 9611 SE 36th Street, Mercer Island, Washington.

Roll Call

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

Appearances

There were none.

Minutes

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

Approve the Regular Meeting Minutes of July 19, 2004 as amended:

Page 1, Minutes
It was moved by Councilmember Litzow; seconded by Deputy Mayor Councilmember Goldmanis to:…


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

Consent Calendar
Payables: $ 551,542.26  
Payrolls: $ 497,544.88

AB 3899: Amendment to the City Council Rules of Procedures: Adopt the amendment to Section 5.2 of the City Council Rules of Procedure requiring a first and second reading of all ordinances prior to adoption.

Councilmember Jahncke requested moving AB 3902: COPS Grant Agreement with Bellevue – Dispatch Center Transition to the first item of regular business.

It was moved by Councilmember Litzow; 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

AB 3902: COPS Grant Agreement with Bellevue – Dispatch Center Transition
Councilmember Jahncke asked questions about the cost of the grant agreement.

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

Authorize the City Manager to execute a “Memorandum of Understanding Relating to Anticipated Community Oriented Policing Services Grant Award” with the City of Bellevue and including provisions relating to required local matching funds and administrative expenses.

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

AB 3901: Award Community Center Construction Contract
City Manager Rich Conrad reviewed the bid process for construction of the new Community Center at Mercer View. Five bids were received at the bid opening on July 23, 2004; Swinerton Builders had the low bid at $7.9 million. Awarding of the contract on August 2, 2004 will keep the project on target for the Council’s adopted schedule. City Manager Conrad detailed the debt reduction as it related to the budget for the project.

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

Award Community Center Construction Contract to Swinerton Builders in the amount of $7,900,000.

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

Award Bid Alternates 1, 2, 3, 4, 6, and 7 to Swinerton Builders in the amount of $259,410.

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

Approve Financing Plan B and direct Staff to return to the Council with required ordinances and documents for issuing $2,000,000 in Councilmanic Bonds for the Community Center project.

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

Appropriate $4,500,000 from the Capital Reserve Fund and $2,029,183 from the Capital Improvement Fund to be transferred to the Community Center Building Fund.

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

Appropriate $10,004,183 from the Community Center Building Fund for a total project appropriation of $12,404,183, and authorize the City Manager to administer the construction contract.

The Chair put the question on the motions; Motions Passed 7-0.


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

Reduce the approved project budget for the Community Center at Mercer View from 13,100,000 to 12,404,185.

The Chair put the question on the motions; Motions Passed 7-0.

Appearances

Gordon Iwata, 2257 80th Avenue SE, Chairman of ITAC, thanked the Council for the Town Hall Meeting. He stated that I-90 should stay the way it is now until High Capacity Transit (HCT) can be better defined. He recommends forming a Mercer Island Transportation Board.

Baron Dickey, 6809 96th Avenue SE, stated that he has heard expert testimony why the amendment should not be signed and has not heard any information as to why the amendment should be signed. He believes that signing away Mercer Island’s bargaining rights will have negative consequences for Mercer Island.

Victor Bishop, 2223 112th Avenue NE, Bellevue, Representative of Eastside Transportation Association, supports R8A but advised the Council to reject the amendment as HCT was not evaluated in the EIS.

Frank Lane, 8407 SE 47th Street, supports the Council as R8A is the right choice.

Chuck Reiling, 4358 86th Avenue SE, thanked the Council for the Town Hall Meeting. He believes that the region needs R8A but that Mercer Island should not be the gate.

Bob Williams, 3704 77th Place SE, believes that property values will be negatively affected with the center roadway converting to light rail. He urged the Council to vote against the amendment.

Myra Lupton, 3443 77th Place SE, thanked those who worked on the original 1976 Memorandum of Agreement and thanked Mayor Merkle and Deputy Mayor Cairns for their work over the last five years on the amendment.

Donald Calmus, 3460 77th Avenue SE, stated that access to the center lanes is a major factor for purchasing a home on Mercer Island. He believes a change to the center roadway will affect property values.

Chancel Wood, 7000 80th Avenue SE, is concerned about reasons for voting for the amendment. She stated that there is no sequence for R8A and HCT.

Dorothy Swarts 8501 SE 61st Street, thanked the Council for the Town Hall Meeting and believes that Mercer Island will benefit more by signing the amendment.

Ira Appelman, 6213 83rd Place SE, believes that the resolution and amendment before the Council are not about R8A (adding HOV lanes to the outer lanes with Mercer Island’s continued use of the center lanes), but about putting trains in the center lanes and kicking Mercer Islanders out.

Marty Gale, 9404 SE 54th Street, stated that MIAF is against the Council voting for the amendment. As a resident, Ms. Gale stated, although there have been many public disagreements on Mercer Island, there has never been a battle over Mercer Island’s right to self-determination. She stated that we have never let outside forces control our destiny.

Lisa Belden, 8453 SE 63rd Street, urged the Council not to vote for the amendment. She stated that there is no environmental impact study between R8A and HCT and asked the Council to find out what the impact may be before deciding on HCT.

Cary Adams stated that HCT was not introduced until the very end of the discussions and that R8A should be passed without HCT.

Bill Bailey, 6016 77th Ave SE, is in favor of rapid transit, but would like the decision to be fair. He stated that he would not have moved to Mercer Island if single occupancy vehicle (SOV) access was not assured. He believes the amendment is premature.

Jim Kruse, 9810 Mercerwood Drive, stated that when he was looking at buying a home on Mercer Island, real estate agents told him that SOV access was not guaranteed.

Bob Thorpe, 5800 West Mercer Way, stated that a sequence needs to be set for R8A and HCT. He urged the Council not to vote tonight.

Elliot Newman, 8525 SE 79th Place, representing former Mayor Ben Werner, Representative Fred Jarrett, Representative Judy Clibborn, former Mayor Gordy Edberg, and himself, urged the Council to adopt the amendment to the MOA. He recommended working on mitigation measures if and when access is limited.

Jim Horn, 9507 SE 61st Place, stated that there is no reason for the Council to make this decision tonight. He believes that R8A will happen without the amendment because it is beneficial to all communities.

Brent Davis, 4127 93rd Avenue SE, believes that the amendment does not need to be passed to make R8A happen.

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

Approve R8A as next step in I-90 operations for Mercer Island.

The Chair put the question on the motion; Motion Failed 3-4 (Proponents of motion: Councilmembers Goldmanis, Jahncke and Litzow.)


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

Adopt Resolution No. 1337 approving the proposed amendment to the I-90 Memorandum of Agreement.

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

Amend Paragraph 3 of the proposed amendment to read:
3. Upon completion adoption of R-8A, move as quickly as possible to construct implement High Capacity Transit in the center lanes;


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


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

Amend Paragraph 7 of the proposed amendment to read:
7. To the extent of any loss of mobility to and from Mercer Island based on the outcome of studies, additional transit facilities and services such as additional bus service, parking available for Mercer Island residents, and other measures shall be identified and satisfactorily addressed by the Commission, in consultation with the affected jurisdiction pursuant to paragraph 14 of the Agreement, prior to at the time the center roadway converts to High Capacity Transit;



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

Amend Paragraph 7 of the proposed amendment to read:
7. To the extent of any loss of mobility to and from Mercer Island based on the outcome of studies, additional transit facilities and services such as additional bus service, Mercer Island single occupancy vehicles continued access to the center roadway and/or new access to HOV lanes in the outside roadways, parking available for Mercer Island residents, and other measures shall be identified and satisfactorily addressed by the Commission, in consultation with the affected jurisdiction pursuant to paragraph 14 of the Agreement, at the time the center roadway converts to High Capacity Transit;


The Chair put the question on the amended motion; Motion Failed 3-4 (Proponents of motion: Councilmembers Goldmanis, Jahncke and Litzow)

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


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

Add the following paragraph to Resolution No. 1337:
WHEREAS, under the terms of the MOA and Amendment, if and when the center roadway converts to HCT, Mercer Island traffic shall retain its existing right to use the center roadway so long as such use is compatible with HCT.


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

The Chair put the question on the main motion; Motion Passed 5-2 (Councilmembers Goldmanis and Litzow dissented).

It was the consensus of the Council to continue the meeting past 10:00 pm.

AB 3898: Ambulance Utility Rate Analysis
Finance Director Joanne Sylvis introduced Tracey Dunlap from Financial Consulting Solution Group (FCSG) who reviewed the results of the analysis.

Appearances

Brad Tower, Washington Healthcare Association, asked the Council to table the issue and come up with other options before making any decisions on the utility fee.

Deb Murphy, Washington Association of Housing and Services for the Aging, stated that implementing the proposed utility fee could be seen as a utility tax. She stated that although the City may impose an excise tax, it must be imposed on those who are served and billed for the service.

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

Pass Resolution 1339 establishing the monthly utility fee for the emergency medical and ambulance services supplied by the City of Mercer Island.

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


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

Direct staff to investigate the option of setting a low income exemption or credit and any other appropriate amendments and return with a revised rate structure after further consultation with the providers, the Utility Board, and other parties wishing to provide input by January 1, 2005.

The Chair put the question on the motion; Motion Passed 6-0 (Councilmember Grausz was not in the room at the time of the vote).

Other Business

Councilmember Absences:
Mayor Merkle will be absent October 18, 2004.
Councilmember Goldmanis will be absent September 20, 2004.

Planning Schedule:
There were no changes.

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

Confirm the Mayor’s appointment of Jane Meyer, Peter Orser, Ken Glass, Cynthia Howe, and Hal Quinn to the Independent Salary Commission to review and set the salaries of the Mayor and Councilmembers.

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

Councilmember Reports:
There were none.

Adjournment: Tuesday, August 3, 2004, 12:04 am

[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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