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City Council - Minutes     
Monday, April 19, 2010

Call To Order:

 

Mayor Jim Pearman called the meeting to order at 6:08 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.

 

 

STUDY SESSION:

 

(1)        AB 4531            School District Long Range Facilities Master Planning Process with Dr. Gary Plano, MISD Superintendent

 

City Manager Rich Conrad introduced Dr. Gary Plano, MISD Superintendent who presented information about the District’s long range facilities master planning process.  He detailed the condition of the District’s buildings as well as the phases for replacing buildings and relocating some facilities at the north campus (Administration, Bus Parking, Crest Learning Center, North Mercer Gym, Youth Theatre Northwest and various day cares) and south campus (Islander Middle School).

 

 

The Study Session adjourned at 6:53 pm.  The Regular Meeting reconvened at 7:01 pm.

 

The Mayor spoke about the Little League Opening Day and the new South Mercer Ballfields.

 

The Mayor recognized and welcomed Boy Scout Troop 647 to the Council meeting.  The troop’s representative thanked the Council for the recognition and explained that they were in attendance for one of the merit badges required for Eagle Scout.

 

The Mayor moved AB 4529: Amendments to MICC 10.60 Clarifying Duties of Bicyclists (1st Reading) as the first item of Regular Business and AB 4526: Pedestrian and Bicycle Facilities Plan Adoption as the second item.

 

 

APPEARANCES:

 

The following citizens spoke in opposition to the proposed ordinance that addresses the conflict between motor vehicles and slow moving bicycles on West and East Mercer Way, some of these citizens also spoke about the Pedestrian and Bicycle Facilities Plan Update:

·         Chris Soelling, 8829 SE 60th Street

·         Jim Rice, 4552 East Mercer Way

·         Walter Bose, 8039 SE 45th Street

·         Bob Barima, non-resident

·         Jim Stanton, 7812 SE 78th Street

·         Mark Clausen, 6107 SE 32nd Street

·         David Schiffrin, 14 Brook Bay

·         Bob Olson, 7817 SE 73rd Place

·         Bruce Zunser, 2843 61st Ave SE

·         Doug Davis, 5619 90th Ave SE

·         Mike Gile, 4417 88th Ave SE

·         John Duggan, 36 Orcas Key, Bellevue

·         Dodi Nov, 8602 North Mercer Way

 

Kris Kelsay, 4743 Fernridge Lane, is glad that north-south bicycle corridors are added as they are critical. She does not see the need to make trail through Island Crest Park a pedestrian and bicycle trail.

 

Boy Scout Matt McLellan, 6910 94th Ave SE, complimented the Council on the South Mercer Ballfields.

 

Boy Scout Isaac Miller, 7710 Westwood Lane, believes it is dangerous to even ride his bike on side streets when cars come by.

 

Boy Scout Derek Fanucci, 2414 72nd Ave SE, thinks that cars are too aggressive towards bicyclists.  He recently got his permit and has had to drive on Island Crest Way with cyclists and he likes to see people riding their bikes.

 

Boy Scout Wilson Arterberry, 7201 92nd Ave SE, rides his bike to school every day and thinks that cars are too aggressive and that the new law will not solve any problems.

 

Boy Scout John Malmfeldt, 8914 SE 45th Street, thinks that the baseball fields are nice, but the lacrosse players loose their balls in the bushes since there is no fence to stop them.

 

Boy Scout Frank Arterberry, 7201 92nd Ave SE, is member of the Mercer Island Country Club, but he can't ride his bike safely there because of the parked cars in the bike lanes. He thinks the new law would be ineffective as drivers would think they have more of a right than bikes.

 

 

MINUTES:

 

(2)        It was moved by Councilmember Grady; seconded by Councilmember Litzow to:

Adopt the Regular Meeting Minutes April 5, 2010 as written.

Motion PASSED 7-0.

 

 

Consent Calendar:

 

Deputy Mayor Jahncke moved AB 4501: Interlocal Agreement with King County for Jail Services to the third item of Regular Business.

 

(3)        Payables:         $1,804,271.48 (4/8/2010)

Recommendation: Certify that the materials or services hereinbefore specified have been received and that all warrant numbers listed are approved for payment.

 

Payroll:             $643,118.44 (4/9/2010)

Recommendation: Certify that the materials or services specified have been received and that all fund warrants are approved for payment.

 

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

Approve the Consent Calendar and the recommendations contained therein.

Motion PASSED 7-0.

 

 

Regular Business:

 

(8)        AB 4529            Amendments to MICC 10.60 Clarifying Duties of Bicyclists (1st Reading)

 

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

Remand Ordinance No. 10C-03 back to staff to change the amendments based upon Council discussion.

Motion FAILED 1-6 (Councilmember Grady assented).

 

Assistant City Attorney Shane Moloney presented a proposed ordinance that addresses the conflict between motor vehicles and slow moving bicycles on West and East Mercer Way.  He explained that the ordinance was crafted to avoid conflicts with state law while clarifying the duties of bicycles traveling at speeds less than the normal flow of traffic. 

 

After extensive Council discussion the following motions were made:

 

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

Direct staff to return to the Council with a proposal for a bicyclist and driver education campaign.

Motion FAILED 2-5 (Councilmembers Basset and Grady assented).

 

It was moved by Councilmember Bassett; seconded by Deputy Mayor Jahncke to:

Direct staff to draft a bicycle safety ordinance based on input to be provided by the Council tonight.

Motion PASSED 4-3 (Councilmembers Bassett, Grady and Litzow dissented).

 

Council provided direction to staff for drafting a new bicycle safety ordinance as follows:

·         There should be no redundancy or restating of State Law.

·         There should be a provision that requires cyclists to ride single file when a vehicle or bicycle wants to pass (the proposed ordinance should not resemble the language that was previously proposed as section 10.60.050).

 

 

(7)        AB 4526            Pedestrian and Bicycle Facilities Plan Adoption

 

Interim Development Services Director Manny Ocampo presented amendments to the Pedestrian and Bicycle Facilities (PBF) Plan Update based upon the direction provided by the Council at the regular meetings on February 16, 201 and March 15, 2010.   

 

Following discussion the Council requested further changes to the PBF Plan Update as follows:

·         Amend third paragraph of the proposed “Standards vs. Flexibility” section as follows:

“Physical limitations of the existing right of ways most severely limit where bicycle lanes may be appropriately applied.  Such lanes should be constructed only where there are adequate separate pedestrian facilities, in order to prevent potential conflicts between bicyclists and pedestrians who may walk in bicycle lanes if adequate pedestrian facilities are not available.  These lanes also should be provided only where there is sufficient paved surface to accommodate at least two lanes of traffic.   Where such walkways and adequate pavement width isare not present, and it is still desirable to identify the route as a bicycle route, sharrows may be applied to designate the route.  Whenever a street with sharrows is reconstructed for widening and/or providing sidewalks, consideration should be given to replacing the sharrows with bike lanes.”

·         Create a hierarchy with the three paragraphs and highlight criteria related to sharrows in the second paragraph and criteria related to bike lanes in the third paragraph of the proposed “Standards vs. Flexibility” section by amending second paragraph as follows:

Bicycle lanes and sSharrows, when used sparingly in conjunction with appropriate signage, are particularly useful for identifying and directing bicyclists to the most desirable and safe route for traversing the Island.  In particular they should be applied to provide connectivity between different route segments and where it is desirable to direct riders to appropriate routes (such as around the transit center or to alternate routes away from Island Crest Way) away from routes that may be less appropriate. If these lanes and sharrows are applied too extensively, their value in identifying the best routes may be diluted and made less effective in communicating with the riders.”

·         Clarify language regarding SE 40th Street signage and apply criteria that are established in the PBF Plan Update to improve that street and corridor with tools that will work.

·         Clarify “sidewalk / pedestrian area” guidelines for area in front of Park-and-Ride

·         Amend the first paragraph of the proposed “Primary Bicycle Corridors” section as follows:

“The addition of the Island Park Elementary/Island Crest Park/84th Avenue SE has been identified as an alternate route for bicyclists to Island Crest Way south of SE 53rd Place. The project is described as a 6’ wide paved trail at no greater than 6%-10% longitudinal slope, routed diagonally from 84th Avenue SE at the southwest corner of Island Crest Park to the northeast corner of the park, then passing along the west side of Island Crest School (off school grounds) to SE 53rd Place.  This project could accommodate a multimodal (bike and pedestrian) path only if it is widened to 10’ and paved with asphalt.  Increasing the width will require removal of trees and significant re-grading on the side-slopes of the ravine in the northern 30% of the project or, alternatively, grading and tree removal could be minimized by the addition of a long-span bridge.  Portions of this area are mapped as steep slope and landslide areas.  Streams also cross this property.  This project would provide one of two south segments of an alternative route to Island Crest Way between (approx.) SE 60th Street and SE 53rd Place.”

·         Amend the second paragraph of the proposed “Primary Bicycle Corridors” section as follows:

The south end of this trail connects to 84th Avenue SE where the street is identified in the PBF Plan as a Shared Street.  There is sufficient width along this street for alternate treatment that would highlight this as bike corridor, such as Bike Lanes or Sharrows.  In addition, a separated path or sidewalk could be added along one side without adversely impacting traffic movement or parking.  Pioneer Park abuts the street south of SE 64th Street and could be utilized for the separated path if necessary.  This provides the other south segment of the alternative route to Island Crest Way between approximately SE 60th Street and SE 68th Street.

·         Amend the second paragraph of the proposed “Primary Bicycle Corridors” section as follows:

North of SE 53rd Place, several streets have been identified for specific improvements in the PBF Plan.  There are a series of streets that parallel Island Crest Way along its east side that would be suitable for designation as a bike corridor with Bike Lanes or Sharrows.  These streets include (from south to north) 90th Avenue SE, SE 47th Street, 88th Avenue SE, SE 44th Street, 86th Avenue SE, SE 36th Street, and 84th Avenue SE.  This would provide the north segment of the alternative route to Island Crest Way.

·         Amend the proposed “Primary Bicycle Corridors” section as follows:

“There are corridors that have been identified as the most appropriate for bicyclists to use in traveling longer distances across or around the Island, and are highlighted on Figure 4.  These are not intended to be the only routes for bicycle use but rather preferred routes that provide the most direct access, connectivity to other bicycle corridors, and/or a scenic recreational route.  These corridors are identified as either Bike Lanes or Sharrows.

 

The Council also:

·         Requested that staff check in with Council regarding painting bike lanes, sharrows and/or edge stripes (fog lines) for non-capital projects before starting the project.

·         Agreed to work on potential solutions for the parking issues on East & West Mercer Ways by the end of 2010.

·         Requested that staff create a bicycle map with bicycle routes for the Island (and use AB 4526, Exhibit 2 as a starting point).

 

 

Councilmember Grady left the meeting at 10:15 pm.

 

 

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

Continue the meeting past 10:00 pm pursuant to the City Council Rules of Procedure 2.1.

Motion PASSED 6-0.

 

 

(5)        AB 4528            Adoption of 2009 Construction Codes (1st Reading)

 

Building Official Don Cole presented a proposed ordinance updating the Mercer Island City Code by adopting the following updated Construction Code editions as mandated by the State of Washington:

·         2009 International Building Code (IBC)

·         2009 International Residential Code (IRC)

·         2009 International Mechanical Code (IMC)

·         2009 International Fuel Gas Code (IFGC)

·         2009 Uniform Plumbing Code (UPC) and Uniform Plumbing Code Standards.

·         2008 Liquefied Petroleum Fuel Gas Code

·         Washington State Energy Code (WSEC)

·         2009 International Fire Code (IFC)

 

Council asked questions about the requirement for fire permits for emergency generators and the changes to the administrative provisions and requested a list of work that is exempt from permit requirements.

 

Staff will return on May 3rd for a second reading of Ordinance No. 10C-03 updating Title 17, Construction Codes.

 

 

(4)        AB 4501            Interlocal Agreement with King County for Jail Services

 

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

Authorize the City Manager to sign the Interlocal Agreement between the City of Mercer Island and King County relating to jail services.

Motion PASSED 6-0.

 

 

(6)        AB 4530            Animal Control Service Update and Recommendations

 

Deputy City Manager James Mason presented a brief overview of the data related to Mercer Island animal control service demands and revenues and discussed the details of four animal service model options King County King County, effective June 30, 2010, to discontinue services to cities under its existing interlocal agreement. 

 

The four options are as follows:

·         Joint Cities-King County Regional Animal Services: King County would be divided into four districts.  Each district would be staffed by at least one animal control officer.  Stray or abandoned animals would be housed at a non-profit shelter in Lynnwood or at the County shelter in Kent.

·         Joint Sub-Regional Animal Services: the City of Bellevue would act as the lead agency in the development of a sub-regional animal control service model that includes the Cities of Bellevue, Clyde Hill, Kirkland, Mercer Island, and Redmond. The City of Bellevue would contract with Pet Data to provide animal licensing services.  Bellevue will hire two full time animal control officers that will serve the five participating jurisdictions, and animal shelter services will be provided by the Seattle Humane Society.

·         Mercer Island, Self Provided Animal Services: Mercer Island, would hire an in-house animal control officer for field service work, administered and supported by the Police Department. Pet licensing would be managed by a private sector pet license vendor or King County licensing service (if available). Animal shelter services would be contracted with the Seattle Humane Society located in Bellevue.

·         No Animal Services: The City would not sign contracts with any animal control service provider and would not undertake the service itself. The City would not respond to calls for service, except that if the Police Department received a call concerning a dangerous animal, they would respond accordingly and would take whatever actions were necessary to protect human life.

 

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

Direct staff to pursue the proposal for a Joint Sub-Regional model with Bellevue for Animal Control Services and as a backup proposal prepare a Request for Proposals for a private company to handle animal control for Mercer Island

Motion FAILED 3-3 (Councilmembers Bassett and Grausz and Mayor Pearman dissented).

 

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

Direct staff to pursue the proposal for a Joint Sub-Regional model with Bellevue for Animal Control Services.

Motion PASSED 5-1 (Mayor Pearman dissented).

  

 

OTHER BUSINESS:

 

Councilmember Absences:

There were no absences.

 

Planning Schedule:

There were no changes.

 

Board Appointments:

There were no appointments.

 

Councilmember Reports:

There were no reports.

 

 

Adjournment:          Tuesday, April 20, 2010 at 12:05 am

 

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