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Monday, May 21, 2007

Call To Order:            Mayor Bryan Cairns called the meeting to order at 6:06 pm in the Council Chambers of City Hall, 9611 SE 36th Street, Mercer Island, Washington.



Roll Call:                    City Councilmembers Sven Goldmanis, Mike Grady, Dan Grausz, El Jahncke, Steve Litzow, Deputy Mayor Jim Pearman and Mayor Bryan Cairns were present. 





The Council recessed into Executive Session at 6:06 pm to discuss potential litigation per RCW 42.30.110(1)(i) for approximately 60 minutes.


The Regular Meeting reconvened at 7:02 pm.





Jason King, 4128 93rd Ave SE, commended staff and Council on the proposed Emergency work plan.  He stated that there is nothing more important on the Island than communications (e.g. cell towers, wireless communications).  He suggested equipping cell towers and wireless communication facilities with generators as being proposed for the gas stations.


Sarah Ford, 2748 73rd Ave SE, testified in favor of sidewalks on First Hill and commitment to put in paved and curved sidewalk on 72nd Ave SE.


John Ewald, 4103 Boulevard Place, commended staff on Emergency work plan but suggested that the Council brings this up again in 2007 to report on implementation.  Also discuss level of staffing necessary and emphasize public involvement with the Neighborhood Preparedness Program. 


Reiner Fink, 2453 72nd Ave SE, advocates for a raised sidewalk in his neighborhood to keep people safer as they go to Lid Park.


Carolyn Boatsman, Mercer Island resident, advocates for a raised sidewalk along 72nd Ave SE as the divots for driveways, storm drainage and sewer create problems.


Jessica Branom-Zwick, Mercer Island resident, would prefer a curb sidewalk on 72nd Ave SE and believes the sidewalk is safety issue.  She asked the Council to approve project as soon as possible.


Frank Fernandes, 3220 72nd Ave SE, rides Metro bus and would like a safe pathway on First Hill to the bus stop.  He advocates for sidewalks on 72nd Ave SE and encouraged Council to move project up to earlier time period.


Jim Larus, 8020 SE 59th Street, is in favor of traffic light at Merrimount and Island Crest Way, as there is a lot of high school traffic and street is dangerous.


Erin Koehler, 2247 72nd Ave NE, expressed concern about speeding would like the TIP to address speeds. She requested that a sidewalk is added north of 24th on 72nd Avenue SE, because of high traffic from the Roanoke and the Lid Park.


Dan Sadler, 6021 West Mercer Way, stated that it is hard to get across 4 lanes of Island Crest Way at Merrimount. He is in favor of signal, stop signs or police to stop traffic so people can get across the intersection. 


Diana Stone, 8020 SE 59th Street, testified that she witnessed an injury accident at Island Crest Way & Merrimount.  She urged Council to expedite traffic light project earlier than 2010 since a City study rated this intersection as most dangerous on the Island. 





(1)        It was moved by Councilmember Litzow; seconded by Councilmember Goldmanis to:

Approve the Regular Meeting Minutes of May 7, 2007 as written.

Motion passed 7-0.



Consent Calendar:


(2)        Payables: $ 1,083,591.51        Payroll: $569,486.06


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

Approve the Consent Calendar and the recommendations contained therein.

Motion passed 7-0.



Regular Business:


The Mayor announced that he was going to have item #6 (Town Center code text amendments go  before Item #5 (TIP)


(3)        AB 4190            Replacement Vessel Purchase for Marine Patrol


Police Chief Ed Holmes, Marine Patrol Sergeant McDonough and Commander Jokinen briefed Council on the existing marine patrol vessels and operational challenges from the operation of the 23 foot boat with an open cabin known as Patrol 12 (limited foul water operation) and it has neither dewatering or fire capabilities.  Staff also briefed Council on the sinking of Patrol 11 and the insurance proceeds received to refurbishment Patrol 11.  Staff recommends refurbishing Patrol 11 and replacing Patrol 12 with a covered vessel utilizing insurance proceeds and replacement reserves.  Council discussed service with contract cities and the need to be able to cover any additional operating costs as a result of this boat purchase.  Council requested an additional briefing to the Public Safety Committee regarding level of service for marine patrol.  Some Council also supported an expansion of marine patrol services.


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

Approve appropriation of $450,000 for the refurbishment of Patrol 11 and the early replacement of Patrol 12.

Motion passed 7-0.



(4)        AB 4191            First Quarter Financial Status Report & Budget Amending Ordinance (no presentation)


Council asked Director Chip Corder questions regarding the Financial Status Report including questions regarding the $450,000 adjustment for the prior Agenda Bill, questions regarding unpredicted sales tax revenue, and NORCOM cost projections and sewer lake line costs.


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

Suspend the City Council Rules of Procedure 5.2.

Motion passed 7-0.


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

Adopt Ordinance No. 07-05, amending the 2007-2008 budget.

Motion passed 7-0.



(6)        AB 4182            Public Hearing: Town Center Code Amendments (3rd Reading)


The Mayor opened the Public Hearing at 8:05 pm.


Deputy City Manager Londi Lindell presented Ordinance No. 07C-02 and advised Council that Council’s amendments from second reading had been incorporated into the Ordinance.  Ms. Lindell also presented a staff proposed change to the affordable housing ratio that is not a substantive change but makes the ordinance easier to read.  Finally, Ms. Lindell briefed Council on Engrossed Senate House Bill 1910 which provides a tool to provide additional incentives for affordable housing and requested Council’s direction as to whether or not they wished staff to returns with additional information regarding this option.


Following the staff presentation the Mayor invited citizens to testify.  No citizens testified.


The Mayor closed the Public Hearing at 8:15 pm.


Council asked staff questions regarding the E2SHB and the potential property tax exemption for affordable housing.  Further questions were asked regarding affordable housing definitions.


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

Adopt Ordinance No. 07C-02 (Exhibit 1 to AB 4182) amending the Town Center Code adopting the clarifying amendment regarding affordable housing ratio in 19.11.050(B)(5)(a) and 19.11.060(B)(2)(d) as follows:

In order to qualify as significant affordable housing (major site feature) and in order to qualify for the development height bonus described in MICC 19.11.040, a development must provide affordable housing in at least the following ratios:  (i) 1 square foot of affordable housing area in the development for every 3 (4 for major site feature) additional square feet of market rate building area provided on the highest story; or (ii) 1 affordable housing unit in the development for every 3 (4 for major site feature)  additional market residential units on the highest story, whichever is greater.  In no event shall there be less than two affordable housing units.

Motion passed 6-1 (Councilmember Goldmanis dissented).


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

Reconsider the previous motion.

Motion Failed 4-2 (Councilmember Grady and Goldmanis proponents of motion).


Staff was directed to return with information on a property tax exemption for providing affordable housing at a future City Council meeting for Council’s consideration.



(5)        AB 4186            Public Hearing: Transportation Improvement Plan (TIP)


The Mayor opened the Public Hearing at 8:37 pm.


City Engineer Patrick Yamashita briefed the Council on the 2008-2013 Six-Year Transportation Improvement Plan.  Mr. Yamashita highlighted the “Residential Street Preservation Programs, “Town Center Street Improvements”, Arterial Street Improvements, Mercer Ways shoulder expansion and “Pedestrian and Bicycle Facilities”.


Council asked questions of staff regarding level of service on various roads.


Following the staff presentation the Mayor invited citizens to testify:


Maretta Holden testified about sharing road among bicycles, cars and pedestrians near the park and ride construction.  What are the rules of the road?  Do bicycles need to stop at stop signs?


Debbie Bertlin discussed a petition of citizens for improvements on 72nd Ave SE. She states that drains need to be removed from walkway whether it’s a raised curb or not, add parking pockets and paved continuous surface that people will not park on to address safety concerns.


Stowe Sprague testified about Merrimount intersection and requested clarification regarding Hybrid 4 alternative for this intersection.


Debra Ashland testified about Merrimount and Island Crest Way. She stated that she is opposed option hybrid 4(a).  The accident data doesn’t reflect the near misses and you have many young inexperienced drivers trying to get to high school.  She would like to see a traffic signal installed.


Susan Madison has small child in a stroller and she avoids 72nd at all costs because it’s unsafe.  The drainage areas create problems for pedestrians.


Diana Stone stated that Hybrid 4 doesn’t address issue of visibility and if turning is limited it will just relocate traffic.  She Supports traffic light at this intersection. 


The Mayor closed the Public Hearing at 9:20 pm.


Council asked further questions of Mr. Yamashita regarding level of service at the Merrimount and Island Crest Way and Option hybrid 4a to this intersection. 


Following discussion the Council directed staff as follows:

·         Merrimount and Island Crest Way Intersection: Staff to return with additional information on the traffic light, Option 1 and Option 4a at the Merrimount and Island intersection including some additional contract design, capacity and expense analysis on Option 4a.

·         72nd Avenue SE:  Do road and path at same time.  Council directed staff to move the project up from 2010 to an earlier date.  Council directed that a smooth continuous walkway on west side of 72nd be developed (no drains, etc.) with a rolled edge, and provide parking on east side of 72nd.

·         Traffic Lights in Town Center:  Delay traffic signal at 77th Ave which is shown in TIP as a 2008 project until 2009 or later to evaluate traffic conditions in Town Center as a result of new developments.  Council’s approval to install in ground infrastructure continues for $100,000 for undergrounding of infrastructure approved for 2007

·         Town Center Public Plaza: Delay majority of project ($393,000) from 2007 to 2008 but staff is still authorized to spend funds for design of plaza.

·         Councilmember Jahncke wishes to discuss a larger allocation of REET revenue to the street fund.  Council directed this be added to the Agenda for the City Council’s June Planning Session.

·         Councilmember Grady wants report on what has been implemented on the bicycle plan for trails and striping.  Also wants staff to identify where there is enough shoulder to add striping and add signage. 

·         Council requested a copy of the 1996 Bicycle Plan to review.

·         Staff will return on June 4, 2006 to continue the public hearing on the TIP and June 18, 2006 for adoption of the TIP


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

Direct staff to prepare a comprehensive plan amendment to modify the level of service within the Town Center from level of service “C” to a lower standard for Town Center intersections, the area and level of service shall be proposed by staff.

Motion passed 5-2 (Councilmembers Goldmanis & Jahncke dissented).



Given the late hour, the Mayor rescheduled this item (7) AB 4187: Emergency Preparedness Update to a future City Council meeting.





Councilmember Absences:

There were none.


Planning Schedule:

There were no changes.


Board Appointments:

There were none.


Councilmember Reports:

Mayor Cairns announced that the applications for boards and commissions have been delivered to the liaisons.

Mayor Cairns announced a design award received for the Mercer Island Community Center. 



Adjournment:           11:12 pm


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