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City Council - Agenda     
Monday, April 06, 2009

Call To Order:
Mayor Jim Pearman called the meeting to order at 6:09 pm in the Council Chambers of City Hall, 9611 SE 36th Street, Mercer Island, Washington.
Roll Call:
Councilmembers Bruce Bassett, Mike Cero, Mike Grady, Dan Grausz, Steve Litzow, Deputy Mayor El Jahncke and Mayor Jim Pearman were present.
(1)        AB 4408            Growth Management Act 20-Year Growth Targets
Development Services Director Steve Lancaster presented information about Mercer Island’s requirement to demonstrate that the City can accommodate its updated housing and employment targets through the mandatory 2011 comprehensive plan update in accordance with the Washington State Growth Management Act.  
The Study Session adjourned at 6:51 pm. The Regular Meeting began at 7:02 pm.
Mayor Pearman congratulated and named the new Eagle Scouts on Mercer Island.
Mayor Pearman acknowledged Fire Department Awards for Firefighter of the Year Mike Peters, Fire Officer of the Year Stephen Mair.  Chris Tubbs spoke about the award recipients and Deputy Fire Chief Steve Heitman who was accepted into the National Fire Academy’s Executive Fire Officer Program.
Councilmember Litzow gave a recap of the 39th Annual Mercer Island Half Marathon Rotary Run.
Ann Marie Krivens, 7236 78th Avenue SE, Board President of Pixie Hill Preschool, asked the Council to approve the proposed changes to the City code regarding preschools and day care facilities.
Carol Friends, 2421 West Mercer Way, expressed her concerns about the lawsuit filed against the City and asked the Council what measures they have taken or could take to ensure that every employee experiences a safe and equitable working environment.
Tiana Traylor, 1355 Bellfield Park Lane, Owner of Little Acorn Day School, asked the Council to approve the proposed changes to the City code regarding preschools and day care facilities.
Myra Lupton, 3443 72nd Place SE, asked the Council to amend how the money gets paid to PEAK so that the wording is “the Club must secure 100% of all funding in cash by July 31, 2009”.  
Liz Leroy, Address, 4186 86th Avenue SE, Representative for the Mercer Island School District, asked the Council to consider revising the parking requirement of one stall per five children when amending the City code regarding preschools and day care facilities as it may place a burden on the District.
Stowe Sprague, 4553 84th Ave SE, spoke about the long waitlists at preschools as the population is changing.  She encouraged the Council to approve the proposed changes to the City code regarding preschools and day care facilities.
(2)        It was moved by Councilmember Litzow; seconded by Councilmember Grady to:
Approve the Regular Meeting Minutes of March 16, 2009 as written.
Motion passed 7-0.
Consent Calendar:
(3)        Payables: $880,431.69               Payroll: $651,416.06
It was moved by Councilmember Bassett; seconded by Councilmember Litzow to:
Approve the Consent Calendar and the recommendations contained therein.
Motion passed 7-0.
Regular Business:
(4)        AB 4409            Preschool and Day Care Facilities Code Amendments (1st Reading)
Development Services Director Steve Lancaster presented amendments to the Mercer Island City Code regarding home based day care and preschool uses and day care and preschool facilities co-located with an established conditional use.  The proposed amendments would make it easier to establish preschool and day care facilities in single family neighborhoods.
The Council conducted the first reading of proposed Ordinance No. 09C-04 and asked staff to review the parking requirements, for day cares and preschools that are co-located in an established conditional use, regarding the provision of one parking space for every five children.  Council directed staff to come back at the April 20, 2009 Council meeting with an option for lessening parking restrictions and ensuring adequate drop-off/pick-up areas and for a second reading of the ordinance.
(5)        AB 4417            City Contribution to the PEAK Project
City Manager Rich Conrad presented an agreement between the City of Mercer island and the Boys & Girls Club of King County regarding a contribution of $1 million from the City for the PEAK Project.  He provided the history behind the original agreement for the pledge of $1 million for joint use of the proposed remodeled gymnasium at the Mercer Island Boys & Girls Club (West Mercer Way location).  The $1 million was “shelved” as the PEAK Project came to fruition and at the January 2009 City Council Planning Session the Council agreed to pledge the $1 million to the PEAK Project based upon specific agreement points.
It was moved by Deputy Mayor Jahncke; seconded by Councilmember Bassett to:
Approve the agreement between the City of Mercer Island and the Boys and Girls Clubs of King County for public contribution to and use of the PEAK facility as amended (Section 2. Recitals / Public Benefit Agreements).  
Motion passed 6-2 (Councilmembers Cero and Grady dissented).
(6)        AB 4415            First Hill Utility Property Decision
City Attorney Katie Knight presented a resolution declaring property at 2976 74th Avenue SE as surplus to the City’s public water utility needs.  She explained the process for surplusing property and the decision-making process for determining future uses of the property.
It was moved by Deputy Mayor Jahncke; seconded by Councilmember Grady to:
Pass Resolution No. 1409 declaring the Property located at 2976 – 74th Avenue SE to be surplus property.
Motion passed 7-0.
The Mayor opened the Public Hearing at 8:40 pm.
Keri Bell, 7440 SE 32nd Street, spoke about the public comments made at the June 18, 2008 Council Meeting regarding the First Hill Property and she reminded the Council that they agreed to not rezone the property.
Bob Medved, 7238 SE 32nd Street, spoke about a memo from the residents of First Hill.  He offered to help the City Attorney draft suggestions for the Council of possible covenants and restriction to place on the property.
Ted Misselwitz, 7250 West Mercer Way, believes it is most important to retain the current neighborhood density and not increase it.  He feels any changes now may set a precedent for the neighborhood in the future.
Nancy Spaeth, 8320 SE 34th Street, feels that if more cottage housing was built on Mercer Island a few years ago there wouldn’t be so many large homes now that are not selling.  She would like to see a few attractive cottage homes built for the aging and younger populations on Mercer Island.
The Mayor closed the Public Hearing at 8:46pm.
It was moved by Councilmember Litzow; seconded by Councilmember Bassett to:
Direct staff to return with a resolution setting the fair market value, rent or other consideration to be paid for the Property, and such other terms and conditions governing the disposition of the Property.
It was moved by Councilmember Grausz; seconded by Councilmember Bassett to:
Table the previous motion.
Motion failed 2-5 (Councilmembers Grausz and Bassett were proponents of motion).
Previous motion passed 7-0.
Staff will bring this resolution back to the Council in 2010.
It was moved by Deputy Mayor Jahncke; seconded by Councilmember Grady to:
Direct the Finance Director to obtain interim funding for the Emergency Well until such time that the Property has been sold and the proceeds may be used to pay off the debt associated with such funding and/or for other water utility purposes.
Motion passed 7-0.
(7)        AB 4416            Police and Fire Radio Replacement
Fire Chief Chris Tubbs and Operations Commander Dave Jokinen presenting information to the Council regarding replacing Police and Fire mobile and portable radios as the current set are at the end of their lifecycle and will no longer work after network rebanding in fall of 2009.
It was moved by Councilmember Bassett; seconded by Councilmember Litzow to:
Purchase new, next generation mobile and portable fire and police radios in an amount not to exceed $301,000.
Motion passed 7-0.
Councilmember Absences:
Mayor Pearman, Deputy Mayor Jahncke, Councilmember Litzow will be absent April 20th.
Planning Schedule:  
Island Crest Way Corridor Reconfiguration agenda item was moved to September 2009.
Remove the Parks Capital Levy agenda item until Council discusses the current levy further.
Board Appointments:
Mayor Pearman mentioned Planning Commission Chair Bill Chapman’s resignation.
City Clerk Ali Spietz spoke about the annual board and commission recruitment and appointment process.
Councilmember Reports:
Councilmember Grady spoke about a Puget Sound demonstration project for energy efficiency.
Councilmember Cero spoke about a meeting regarding youth hanging out at the South-End QFC.
Councilmember Bassett spoke about Leap for Green, the Climate Action Task Force, Youth Theatre Northwest funding and Earth Day planning.
Adjournment:          9:42 pm


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