Tuesday CITY COUNCIL January 19, 2010 MEETING AGENDA 7:00 pm REGULAR MEETING CALL TO ORDER & ROLL CALL ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7:00 pm COUNCILMEMBERS Bruce Bassett SPECIAL BUSINESS ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7:01 pm Mike Cero Mike Grady Veterans and Human Services Levy Presentation Dan Grausz APPEARANCES ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7:15 pm El Jahncke This is the time set aside for members of the public to speak to the City Council about any Steve Litzow issues of concern. If you wish to speak, please consider the following points: 1. speak audibly into the podium microphone, Jim Pearman 2. state your name and address for the record, and 3. limit your comments to three minutes. CITY MANAGER MINUTES ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7:30 pm Rich Conrad (1) REVISED Special Meeting Minutes of December 7, 2009 Regular Meeting Minutes of January 4, 2010 CONSENT CALENDAR ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7:32 pm All meetings are held in the (2) Payables: $1,255,573.15 (01/07/10) & 497,483.92 (01/13/10) City Hall Council Chambers Payroll: $4,142.06 (12/31/09) & $693,152.25 (01/15/10) unless otherwise noticed COUNCIL CHAMBERS REGULAR BUSINESS 9611 SE 36th Street (3) AB 4500 Interlocal Agreement with City of Bellevue for Marine Patrol Services ‐‐ 7:35 pm Mercer Island, WA (4) AB 4492 Public Hearing: Temporary Encampments Ordinance (1st Reading) ‐‐‐‐‐‐ 8:05 pm PHONE 206.275.7600 OTHER BUSINESS ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 9:30 pm EMAIL Councilmember Absences email@example.com Planning Schedule Board Appointment to YFS Advisory Board WEB Councilmember Reports www.mercergov.org ADJOURNMENT ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 9:40 pm Agenda times are approximate D E F I N I T I O N S APPEARANCES: ORDINANCE: This is the time set aside for members of the public to speak to Ordinances are legislative acts of local laws. They are the most the Mayor and City Council about any issues of concern. Unless permanently and binding form of Council action and may be the item you wish to discuss is of an emergency nature, the changed or repealed only by a subsequent ordinance. Ordinances Council ordinary takes matters under advisement before taking normally become effective five days after they are published in action. If you wish to speak, please consider the following points: the City's official newspaper. An ordinance will generally speak audibly into the podium microphone, prescribe permanent rules of conduct or government. state your name and address for the record, and limit your comments to three minutes. PLANNING SCHEDULE: The planning schedule is a quarterly calendar that reflects CONSENT CALENDAR: upcoming Council meetings and proposed items of discussion. This is a means to streamline Council meeting procedures by collecting the routine, non‐controversial items into a group PROCLAMATION: whereby all are passes with a single motion and vote. Each City The purpose of a proclamation is to recognize the efforts of a Council agenda includes, but is not limited by this reference: particular group or increase awareness of an activity. The Mayor final approval of leases and contracts, determines whether to issue a proclamation. They are written by final acceptance of grants, deeds or easements, staff and usually announced at a City Council meeting; however, setting dates for public hearings, the Mayor can issue a proclamation without Council approval. approval of change orders, payable and payroll sheets, and PUBLIC HEARING: other routine items as the City Manager may deem Public Hearings are public meetings. They are a formal appropriate. opportunity for citizens to give their views for consideration in the decision‐making process. Public Hearings can be held either in If separate discussion of any Consent Calendar item is desired, regular session or at a special meeting after proper notice. Public that item may be removed from the Consent Calendar at the Hearings provide the Council with views on either side of issues. request of any Councilmember. At the conclusion of passage of the Consent Calendar, those items removed shall be discussed RESOLUTION: and acted upon before proceeding to the next item of business or Resolutions act as less solemn or formal rules and generally are shall be set to a later position on the agenda of that meeting. simply an expression of the opinion of the Council. EMERGENCY MEETING: SPECIAL MEETING: In case of an emergency or the likelihood of an emergency Any meeting that it is not held at the regular time, place or involving injury or damage to persons or property, the special location is a Special Meeting. Written notice of the time and place meeting notice may be dispensed with when the time of a Special Meeting must be received at lease 24 hours in requirements would make notice impractical and increase the advance by the members of the body and the news media. likelihood of such injury or damage. RCW 42.30.080. The special Special Meetings are open to the public. meeting notice should be sent to “The Mercer Island Reporter” and placed in the lobby of the building where the meeting is Special meetings are also public meetings. Written notification of usually held. special meetings can be dispensed with when there is an emergency. The notice shall contain the date, time and place of When a special meeting is called for a date and time that makes it the meeting, as well as subject matter to be considered. The impossible to send a written notice by mail or facsimile and description of the business is very important because the body is afford a 24‐hour notice, the people on the special meeting list precluded from making any final disposition of matter not who were not in attendance when the special meeting was included in the published notice of the business to be transacted. announced should be called. Notes should be kept of the names of the people called and the time and date of the call. STUDY SESSION: These work sessions are generally held by the City Council on the EXECUTIVE SESSION: first Monday of the month prior to its regular meeting. The study Executive Sessions are held to discuss personnel, property or sessions begin at 6:00 pm, last about 60 minutes, and may be litigation matters and are limited to Council members and any held at a site other than City Hall. The Council takes no formal additional persons deemed appropriate by the presiding officer. action during this time. Prior to convening the Executive Session the Mayor or chairperson must announce the purpose and approximate length of the Executive Session. Discussions are not recorded or In compliance with the Americans with Disabilities reported and actions must be announced in open session. Act, those requiring accommodation for this meeting should notify the City Clerk’s Office at least 24 hours prior to the meeting at 206.275.7793. *REVISED* CITY COUNCIL MINUTES SPECIAL MEETING DECEMBER 7, 2009 CALL TO ORDER: Mayor Jim Pearman called the meeting to order at 6:00 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. SPECIAL BUSINESS: (1) Resolution of Appreciation for John Ewald Mayor Jim Pearman read a resolution of appreciation and commendation for John Ewald thanking him for his seven years of service to the Mercer Island community as a member and vice-chair of the Utility Board and a volunteer with the Mercer Island Emergency Preparedness Program and Mercer Island’s National Night Out Program. APPEARANCES: Barry Miller, 4056 90th Avenue SE, is a volunteer bus driver for CCMV and Parks & Recreation. He asked the Council to consider some improvements to the Community Center: (1) a lunch/beverage counter, (2) a canopy from curbside to the building for inclement weather and (3) additional space for a lounge and game room with a pay-per-use fee so a person does not have to rent a room. Darwin Anderson, Board Member for the Emergency Feeding Program, thanked the Mayor, Council and citizens of Mercer Island for helping to raise over 77,000 pounds of food and $10,000 during the Eastside Mayors’ Month of Concern for the Hungry. Derek Franklin, Administrative and Community-Based Services Manager for YFS, thank the Council and community for support of Eastside Mayors’ Month of Concern for the Hungry and for stocking the YFS food pantry. Brian Emmanuals, 1900 Faben Drive, spoke in favor of the bid award for the South Mercer Playfield Improvements Project and encouraged the Council to award the project. He also spoke about the prioritizing the bid alternatives that could be built in the future. MINUTES: (2) It was moved by Councilmember Grady; seconded by Councilmember Litzow to: Regular Meeting Minutes of November 16, 2009 as written. Motion passed 7-0. CONSENT CALENDAR: (3) Payables: $431,169.95 (11/16/09) Payroll: $431,169.95 (11/20/09) $847,733.25 (11/20/09) $637,964.06 (12/4/09) $968,502.02 (12/2/09) City of Mercer Island City Council Meeting Minutes December 7, 2009 1 It was moved by Councilmember Litzow; seconded by Councilmember Grady to: Approve the Consent Calendar and the recommendations contained therein. Motion passed 7-0. REGULAR BUSINESS: (4) AB 4491 Commute Trip Reduction (CTR) Ordinance (2nd Reading) It was moved by Councilmember Litzow; seconded by Councilmember Grady to: Adopt Ordinance No. 09C-10, rescinding Chapter 10.70 MICC and adopting new Commute Trip Reduction (CTR) regulations in Chapter 10.71 MICC. Motion passed 7-0. (5) AB 4489 Sustainable Development Code (2nd Reading) Development Services Director Steve Lancaster presented two ordinances for second reading that amend to the development code and remove the regulatory barriers to green building and low impact development practices. It was moved by Deputy Mayor Jahncke; seconded by Councilmember Grady to: Adopt Ordinance No. 09C-17 amending MICC Title 19 to eliminate regulatory barriers to Low Impact Development. Motion passed 7-0. It was moved by Deputy Mayor Jahncke; seconded by Councilmember Grady to: Adopt Ordinance No. 09C-18 amending MICC Title 17 to eliminate regulatory barriers to Green Building. Motion passed 7-0. (6) AB 4488 South Mercer Playfield Improvement Project Bid Award Interim Parks and Recreation Director Manny Ocampo presented information about awarding the bid for the South Mercer Playfield Improvement Project pursuant to the interlocal agreement with the Mercer Island School District to replace the dirt infields with synthetic turf on Fields #1, #2, and #3 as a base project. He also spoke about several bid alternatives to be considered as budget and field operations allow. It was moved by Councilmember Litzow; seconded by Councilmember Bassett to: Set the project budget for Phase 1 at $670,568 and award the South Mercer Playfield Improvement Phase 1 construction project to Precision Earthworks in the amount of $441,700 and authorize the City Manager to execute the construction contract. It was moved by Councilmember Grausz; seconded by Deputy Mayor Jahncke to: Amend the previous motion as follows: Set the project budget for Phase 1 at $648,483 [setting the contingency at 10% ($44,170) instead of 15%] and award the South Mercer Playfield Improvement Phase 1 construction project to Precision Earthworks in the amount of $441,700 and authorize the City Manager to execute the construction contract. Motion passed 7-0. Main motion passed 7-0. The Council took a break at 6:52 pm. The Regular Meeting reconvened at 7:02 pm. City of Mercer Island City Council Meeting Minutes December 7, 2009 2 Mayor Pearman asked for a moment of silence to honor the troops serving overseas during the holiday season. Mayor Pearman recognized Boy Scout Troop 457 who was in attendance for the Island Crest Way Corridor Reconfiguration agenda item. (7) AB 4490 Island Crest Way Corridor Reconfiguration Development Service Director Steve Lancaster presented information to the City Council as it reconsiders future improvements to the Island Crest Way corridor and its intersection with Merrimount Drive. Director Lancaster summarized previous decisions related to this corridor and the recommendations of the Island Crest Way Citizen Panel and consulting engineer Joe Giacobazzi of KPG, Inc. described the alternatives and answered technical questions. Public Comment: Karen Grove, 5605 84th Avenue SE (Area 4), spoke about three principles, (1) safety for all modes of traffic and having 3 lanes and pedestrian median islands, (2) convenience and (3) flexibility as she would like to live in a way not dependant on car to get where need to go. Mark Satterlund, lives off-Island, Swerve Driver Training instructor, receives frequent question from parents of, “How do I get my teen onto Island Crest Way?” He stated that students are dependent on Island Crest Way to get to and from services. He encouraged the Council to choose safest option for the corridor. Carol Gullstad, 8421 SE 47th Street, (Area 3), showed a video of Jim Richards speaking about a pedestrian/vehicle accident at the intersection of SE 47th Street and Island Crest Way. She would like to see a decision that enhances safety in the whole corridor. Alex Rorem, 9432 SE 52nd Street (Area 3), is a new driver who spoke about the issues at the SE 47th Street intersection. He would like to see 3-lanes to improve safety and to eliminate stress. Lynn Tuttle, 4341 Island Crest Way (Area 2), believes it is too hard to cross Island Crest Way and wouldn’t let kids cross without adult. The intersection at SE 42nd Street is dangerous as, as people don’t know why cars are stopping in left lane. Her son has to sometimes wait 10 minutes to cross Island Crest Way as a pedestrian. Walter Boos, 8343 East Mercer Way (Area 5), is concerned about the "road diet". He stated that Island Crest Way is primary thoroughfare and the current configuration has reduced the daily flow of vehicles by 2100 vehicles. He believes that restricting Island Crest Way has increase traffic on East and West Mercer Ways which dangerous because they are winding and have no bicycles lanes. Jake Jacobsen, 7997 SE 76th Street (Area 5), member of ICW Citizen's Panel, did not concur with panel's recommendation. He believes that narrowing Island Crest Way will cause further congestion, may be more unsafe and will be more difficult for drivers to enter Island Crest Way as traffic will be backed up. He believes the best option is traffic signal option as it serves safety in best possible way. His second choice would be to properly sign the current configuration. Jim Stanton, 7812 SE 78th Street (Area 5), believes that the main issue is safety. He has been using WMW more, because of the restricting lanes Island Crest Way. He urged the Council to look at the corridor as part of traffic flow on the entire Island. Fred LaCroix, 9401 SE 57th Street (Area 4), stated that Island Crest Way is the primary thoroughfare for Island and questions data collected especially the trip times recorded when school is in session. He thinks that changing from 4 to 3 lanes is not the option. David Schiffrin, 14 Brook Bay Road (Area 2), is in favor of no action or a traffic signal at the intersection. He stated that he is not directly impacted by a 3-lane configuration, but is affected by an increase of traffic on West Mercer Way because of the change. He asked the Council to look at whether a documented City of Mercer Island City Council Meeting Minutes December 7, 2009 3 problem exists. Judy Chase, 4467 Forest Ave SE (Area 2), drives Island Crest Way four to five times a day. She stated that turning onto Island Crest Way is dangerous and strongly believes that the 3-lane configuration is the right option for the corridor. She understands the worry and concern about the changes, but safety is most important. Jerome Roache, 4341 Island Crest Way (Area 2), lives on the corner of Island Crest Way and Merrimount. He thought the signal option was best, but now believes the 3-lane option is better because of the way the road is. He would like to see the speed limit on Island Crest Way examined as many people speed. He supports pedestrian signals so drivers can see when someone is crossing. Lynn Thomas, 7360 Island Crest Way (Area 5), supports the 3-lane configuration on Island Crest Way as she believes it is the safest option for pedestrians and children. She would like to see a safe place for those choose not to drive to cross Island Crest Way. Scott Milburn, 7480 81st Place SE (Area 5), member of ICW Citizen's Panel, spoke about doing cost benefit analysis, but first have to look at data. He stated that the accident statistics in 2006-2007 were lowest in decade, but now there are more with the new configuration. He asked the Council to consider that intersection isn't that unsafe. He asked that Island Crest Way be returned to way it was and close off access to SE 44th Street. Daniel Glasser, 7416 West Mercer Way (Area 5), drives Island Crest Way every day. He is in favor of 3- lane configuration as it is the best balance of commute time and safety. He stated that opinions are based on personal experiences and the evidence shows that personal experience with traffic does not reflect reality. He urged the Council consider the facts and data. Jim Horn, 9507 SE 61st Street (Area 4), spoke about the history of Island Crest Way. He asked the Council to recognize past City Council's policies and not decrease the capacity of Island Crest Way with the 3-lane configuration. Nate Larsen, 8221 SE 65th Street (Area 4), drives Island Crest Way every day. He urged the Council to examine the options from consultants. He believes that the 3-lane option is ideal and bicycle lanes will improve safety. He stated that the current Island Crest Way/Merrimount intersection shows that 4 lanes are not necessary south of that intersection. He urged the Council to balance safety and needs of all users. Ken Brostrom, 7821 SE 71st Street (Area 5), believes that the road diet will reduce Island Crest Way carrying capacity and will make difficult for side streets to enter Island Crest Way. He believes this will increase road rage and increase the danger of accidents at intersection. He stated that service vehicles and buses don't pull into pull-outs as it’s difficult to pull back in to traffic, causing more congestion. He would like to see the left turn access from Merrimount to Island Crest Way be eliminated. Kevin Scheid, 6189 92nd Avenue SE (Area 4), travels Island Crest Way twice a day. He would not recommend putting bike lane on Island Crest Way because of the traffic speed. He has seen more near misses and accidents since the reconfiguration. He stated that traffic has slowed down, because Island Crest Way is more congested and more dangerous. He urged the Council to install a traffic signal or restrict left turns off of Merrimount. Eva Zemplenyi, 6188 92nd Avenue SE (Area 4), member of ICW Citizen's Panel, she worried about emergency vehicles passing other vehicles with the 3-lane configuration. She stated that any care that turns right off of Island Crest Way will cause traffic to slow down. She stated that the ABC website said traffic accidents have decreased, but statistics are only for one year. Barry Miller, 4056 90th Avenue SE (Area 1), is a volunteer bus driver for the Parks & Recreation Department. He would like to see pedestrian signals up and down Island Crest Way and to see SE 44th Street closed off as it is dangerous. He would like to see a traffic signal at the intersection, but only as a three-way intersection. Mark Clausen, 6107 SE 32nd Street (Area 1), believes road diet is a bad idea. He thinks that Island Crest City of Mercer Island City Council Meeting Minutes December 7, 2009 4 Way is not good for cycling. He urged the Council look at where accidents are happening to improve safety. He spoke about accidents on the other major arterials on the Island. Marty Gale, 9404 SE 54th Street, (Area 4), spoke about the service level of the Island Crest Way and Merrimount intersection. She reviewed the history of the solutions for the intersection. She spoke about comments Mayor Pearman made about the City’s insurance stating that they would drop the City if the intersection was not fixed. Gail Stagman, 7401 92nd Place SE (Area 5), proposed two solutions to the Council to (1) close off SE 44th Street and Merrimount to Island Crest Way and (2) keep Island Crest Way four lanes. She bleives the traffic light is a bad idea. She asked the Council to look at the general needs of community not individual concerns. Bob Olson, 7817 SE 73rd Place (Area 5), concurs with the comments of David Schiffrin, Jim Stanton, Mark Clausen, Wally Boos and Eva Zemplenyi. Kris Kelsay, 4743 Fernridge Lane (Area 1), believes the decision should be a data-driven. She stated that the experts, the Council and the citizen panel all recommended a 3-lane configuration. She stated that on the ABC website, 400 people said the 3-lane configuration is the best option. She believes the corridor problems need to be solved not just the Island Crest Way/Merrimount intersection. Steve Bryan, 2426 70th Avenue SE, (Area 1), believes that safety is key. He doesn’t think that Island Crest Way is safe for bikes. He thinks that the current arrangement provides traffic calming. He is less concerned about travel time, more concerned with safety. Milford Walker, 6160 93rd Avenue SE, (Area 4), would like to see pedestrian signals or overpasses and the eliminate left turn to Island Crest Way from Merrimount eliminated. Roberta Lewandowski, 4740 86th Avenue SE, (Area 3), supports the 3-lane configuration and appreciates pedestrian safety improvements on the Island. Jenny Selby, 4595 89th Avenue SE (Area 4), uses SE 47th Street to access Island Crest Way and believes that since the reconfiguration, getting onto Island Crest Way has become more dangerous. She believes that a bike lane will make it more dangerous. Tamae Moriyasu, 9019 SE 61st Street (Area 4), agrees with comments of Daniel Glasser and Kris Kelsay. She stated that the Council paid for a study and they should follow the results. She believes that safety of the citizens is their first responsibility not to make commute faster. Monica Malene, 8810 SE 56th Street (Area 4), supports 3-lane configuration and urged the Council to think about making Island Crest Way safer for all people not just one group of users. Dana Isherwood, 8706 SE 50th Street (Area 3), explained that her neighborhood’s only access point is to take a right or left turn from SE 48th Street to Island Crest Way, where the visibility is poor because of the curve in the road. She believes that if the Council chooses the 3-lane configuration, there must be a different option for SE 48th Street. Joy Matsura, Island Resident (Area 5), would like to see a light at the intersection of Island Crest Way and Merrimount for pedestrian safety and left turns, but agrees that it is too expensive to re-grade SE 44th Street. She stated that after looking at traffic data, it seems there are a lot of very bad drivers on Mercer Island. She does not think that adding bike lanes to Island Crest Way will necessarily make it safer. Penny Storie, 8470 Benotho Place(Area 5), believes that traffic has gotten worse every year. She would like to see Island Crest Way return to 4 lanes, SE 44th Street closed off and left turns onto Island Crest Way from Merrimount prohibited. Lee Prewitt, 4641 90th Avenue SE (Area 3), believes that the data should be driving the decision for the Island Crest Way corridor. He spoke about his experience with a 3-lane configuration in Kirkland. City of Mercer Island City Council Meeting Minutes December 7, 2009 5 Adam Cooper, 4114 Boulevard Lane (Area 4), spoke as a citizen, not as a Planning Commissioner, believes that Island Crest Way should not have bike lanes included and should be for motor vehicles only. He suggested reducing speed limits on East and West Mercer Ways to move drivers back to Island Crest Way. Allison Lewis, 4759 Fernridge Lane (Area 1), encouraged the Council to look at data to make a decision not anecdotal evidence. She strongly supports the 3-lane configuration as it is the safest option. She has a teen driver who has to make left turns off Island Crest Way and it is terrifying for her and her daughter. She is also concerned that the speed limit is not followed. Bonnie Wojciehowski, 7835 SE 63rd Place (Area 2), member of the ICW Citizen's Panel, dedicated last 4 months to researching 3-lane corridors and would have strongly supported Council's initial decision to extend the 3-lane configuration all way down Island Crest Way if she had this information prior to the panel meetings. She believes that it is critical that 3-lane configuration extend from SE 42nd Street to SE 53rd Street. Jonathan Harrington, 9514 SE 68th Street (Area 5), supports 3-lane configuration after looking at the data. He understands the difficulty in balancing the needs of all of the citizens. Elliot Newman, 8525 SE 79th Place (Area 5), thanked the Council for the opportunity to express opinions about Island Crest Way. His observation is that the issue is with corridor not the intersection, even though the Island Crest Way/Merrimount intersection was the mandate for change. He provided list of 232 people who endorse a 3-lane configuration, 41 comments of people who did not attend the meeting, as well as Twitter and Facebook comments about Island Crest Way. He believes the corridor is dangerous and the people who have commented have stated safety as the major concern. Amy White, 5605 89th Avenue SE (Area 4), appreciates the opportunity to turn left and right onto Island Crest Way and a middle lane may cause conflict. She is concerned about new changes to high school campus. She supports a light on Island Crest Way and flashing pedestrian crossings. Mickey Brostrom, 7821 SE 71st Street (Area 5), asked the Council to keep in mind that all data is subject to interpretation. She sees the options as single solutions to a series of problems and believes whatever solution is chosen will create more problems down the chain. The Council took a break at 9:00 pm. The meeting reconvened at 9:15 pm. It was moved by Councilmember Grady; seconded by Councilmember Bassett to: Direct the City Manager to return to the City Council with a final project scope, schedule and budget for Island Crest Way consistent with the Option described in 2009-2014 TIP and to be included in the 2010 Transportation Improvement Program, including pedestrian signals at SE 42nd Street and SE 47th Street along with shoulder striping the lengths of the improvements. It was moved by Councilmember Bassett; seconded by Councilmember Grady to: Amend the previous motion as follows: Direct the City Manager to return to the City Council with a final project scope, schedule and budget for Island Crest Way consistent with the Option described in 2009-2014 TIP and to be included in the 2010 Transportation Improvement Program, including pedestrian signals at SE 42nd Street and SE 47th Street along with shoulder striping the lengths of the improvements. Motion failed 2-5 (Councilmembers Bassett and Grady proponents of motion). Main motion failed 2-5 (Councilmembers Bassett and Grady proponents of motion). It was moved by Councilmember Grausz; seconded by Councilmember Bassett to: Direct the City Manager to return to the City Council with a final project scope, schedule and budget for Island Crest Way consistent with the Option C3 (Citizen Panel Recommendation) and to be included in the 2010 Transportation Improvement Program with further study by staff to recommend whether the 3-lane configuration should begin north of Merrimount but south of SE 42nd Street. City of Mercer Island City Council Meeting Minutes December 7, 2009 6 It was moved by Councilmember Bassett; seconded by Councilmember Grady to: Amend the previous motion as follows: Direct the City Manager to return to the City Council with a final project scope, schedule and budget for Island Crest Way consistent with the Option C3 (Citizen Panel Recommendation) and to be included in the 2010 Transportation Improvement Program with further study by staff to recommend whether the 3-lane configuration should begin north of Merrimount but south of SE 42nd Street and include shoulder striping the length of the improvements. Motion failed 2-5 (Councilmembers Bassett and Grady proponents of motion). Main motion passed 4-3 (Councilmembers Cero and Litzow and Deputy Mayor Jahncke 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. EXECUTIVE SESSION: The City Council, City Attorney Katie Knight, City Manager Rich Conrad and Police Chief Ed Holmes convened to Executive Session at 11:14 pm to discuss a collective bargaining agreement pursuant to RCW 42.30.140(4)(a) for approximately 15 minutes. The Executive Session was adjourned at 11:29 pm and the Regular Meeting was reconvened. ADJOURNMENT: 11:29 pm _______________________________ Jim Pearman, Mayor Attest: _________________________________ Allison Spietz, City Clerk City of Mercer Island City Council Meeting Minutes December 7, 2009 7 CITY COUNCIL MINUTES REGULAR MEETING JANUARY 4, 2010 CALL TO ORDER: City Clerk Ali Spietz called the meeting to order at 7:02 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. SPECIAL BUSINESS: (1) AB 4497 Oath of Office and Mayor and Deputy Mayor Elections City Clerk Ali Spietz administered the Oaths of Office to the recently re-elected Councilmembers: Mike Grady, Dan Grausz and Jim Pearman. City Clerk Spietz then called for nominations from the floor for the office of Mayor for 2010-2011. Councilmember Bassett nominated Jim Pearman. There were no other nominations. Councilmember Pearman was elected Mayor by unanimous voice vote, 7-0. City Clerk Spietz administered the Oath of Office to Mayor Pearman. City Clerk Spietz then called for nominations from the floor for the office of Deputy Mayor for 2010-2011. Mayor Pearman nominated El Jahncke. There were no other nominations. Councilmember Jahncke was elected Deputy Mayor by unanimous voice vote, 7-0. Ms. Spietz then administered the Oath of Office to Deputy Mayor Jahncke and turned the meeting over to Mayor Pearman. Mayor Pearman spoke about how proud he is of the Council being able to make good decisions despite differing view on many topics and he thanked staff for all of the hard work they do to support the Council. Councilmember Grady thanked the boards and commissions and volunteers for all of the work they do to advise the Council and encouraged more citizens to get involved. Councilmember Grausz spoke about the election last fall and appreciated the spirited campaign. He stated that he looks forward to another four years and the challenges the Council faces in accomplishing its goals. The Council took a break at 7:20 pm. The Regular Meeting reconvened at 7:29 pm. APPEARANCES: Al Lippert, 4052 94th Ave SE, representing the pickle ball players at the Community Center, presented a petition from 19 people requesting that the City Council investigate the inferior lighting in the Community Center gym and allow pickle ball players to continue playing in half of the gym after their allotted time until it is needed by other users. City of Mercer Island City Council Meeting Minutes January 4, 2010 1 MINUTES: (2) The City Clerk will review the Special Meeting Minutes of December 7, 2009 for the spelling of Councilmember Basset’s name, who moved and seconded for the motion for AB 4491 and the wording of the motion for AB 4490 made by Councilmember Grausz. The City Clerk will provide a revised set of minutes for approval at the January 19, 2020 meeting. CONSENT CALENDAR: (3) Payables: $1,661,600.22 (12/23/09) Payroll: $601.255.31 (12/18/09) $601,517.99 (12/31/09) It was moved by Councilmember Bassett; seconded by Councilmember Grady to: Approve the Consent Calendar and the recommendations contained therein. Motion passed 7-0. REGULAR BUSINESS: (4) AB 4499 Interlocal Agreement with MISD for High School Stadium Use Interim Parks and Recreation Director Manny Ocampo presented the interlocal agreement with the Mercer Island School District for improvement, scheduling, use and operations of the Mercer Island High School Stadium and other facilities for consideration by the City Council. At the October 19, 2009 meeting the Council directed staff to work with the School District to address concerns about the availability of the high school’s fields for casual drop-in use. Following discussions between City and School District staff, the interlocal remained unchanged and Superintendent Gary Plano sent City Manager Rich Conrad a memo that reassures the Council and community that drop-in use will continue on the JV Field and field adjacent to Mary Wayte Pool and that the Stadium may be made available during non-school operating times (holidays, etc.), pending further consideration by District staff. It was moved by Councilmember Litzow; seconded by Councilmember Grady to: Authorize the City Manager to sign and execute the interlocal agreement between the City of Mercer Island and the Mercer Island School District for the improvement, scheduling, use and operation of the Mercer Island High School Stadium and other facilities. It was moved by Councilmember Cero; seconded by Councilmember Grausz to: Amend the previous motion as follows: Amend the Interlocal Agreement Section 7(F) to read: 1. The Stadium will be secured when school is in sessionat all times. Keys for all areas shall be issued or other means of access provided for curriculum/program events and activities approved under this Agreement. The District shall provide a minimum of four (4) sets of keys to the City for access to Stadium areas. The City agrees not to duplicate keys issued by the District. The District will also issue keys to community members desiring access to the track for running during designated times and hours. Motion failed 2-5 (Councilmember Cero and Deputy Mayor Jahncke assented). Main motion passed 6-1 (Councilmember Cero dissented). (5) AB 4493 Recommended Council Actions to Reduce Underage Drinking Youth and Family Services Director Cindy Goodwin detailed potential roles for the City Council regarding reducing underage drinking on Mercer Island through Youth and Family Services’ Communities That Care project. City of Mercer Island City Council Meeting Minutes January 4, 2010 2 The potential roles included: 1. Messaging A. Annual message regarding the state of reducing underage drinking on the Island and an annually updated proclamation. B. Council Statement: Create a mantra that speaks positively about our community strengths and conveys the City Council’s commitment to reducing underage drinking. C. Author annual Back-to-School Forum in Mercer Island Reporter. D. MI Quarterly Articles E. Publicly state to youth the City’s focus on reducing underage drinking in school papers. F. MI Weekly Articles: 2. Parent Education/Information A. Council endorse the YFS Department creation of an Ad Hoc Parenting Committee in 2010 B. Endorse annual Positive Parenting campaign: 3. Fines and Fees: A. Staff will return with a series of options and actions that the Council can enact regarding fines and fees as well as an analysis of the revenues that could be generated. B. Possible uses for funding future endeavors would include research into parent norms related to alcohol use and general CTC support such as data gathering, message development and media use. 4. Other Council Related Activities A. Semi-annual invitation to YFS Advisory Board youth leader to address the Council on youth well- being and reducing underage drinking. B. Public Forum: Conduct annual community dialogue on reducing underage drinking. C. CTC Annual Youth Prevention Champion Award: An award to be presented by the Mayor at the end-of-year senior awards assembly at MIHS. It was moved by Councilmember Grady; seconded by Councilmember Litzow to: Adopt recommended Council options as presented in AB 4493 (listed above). It was moved by Councilmember Cero; seconded by Deputy Mayor Jahncke to: Amend the previous motion as follows: Adopt recommended Council options as presented in AB 4493, but delete Section 3 Fees and Fines. Motion failed 2-5 (Councilmember Cero and Deputy Mayor Jahncke assented). Main motion passed 6-1 (Deputy Mayor Jahncke dissented). Staff will return to the Council with specific program and budget information on the options for City Council involvement in reducing underage drinking on Mercer Island. OTHER BUSINESS: Councilmember Absences: Mayor Pearman will be absent from the January 19th meeting. Councilmember Bassett will be absent from the February 16th meeting. Planning Schedule: Councilmember Grausz asked that an Executive Session be scheduled to discuss potential litigation. Board Appointments: There were no appointments. Councilmember Reports: There were no reports. City of Mercer Island City Council Meeting Minutes January 4, 2010 3 ADJOURNMENT: 8:55 pm _______________________________ Jim Pearman, Mayor Attest: _________________________________ Allison Spietz, City Clerk City of Mercer Island City Council Meeting Minutes January 4, 2010 4 CERTIFICATION OF CLAIMS I, the undersigned Finance Director of the City of Mercer Island, Washington, do hereby certi~’ under penalty of perjury that the materials have been fhrnished, the services rendered, or the labor performed as described herein and that the claims are just, due and unpaid obligations of the City of Mercer Island, and that I am authorized to authenticate and certi1~’ to said claims, and that all the warrants listed below in the amount of $1,255,573.15 are approved for payment on this date. Finance Director gV f Date 1-7-to I, the undersigned Mayor of the City of Mereer Island, Washington, at the direction of the City Council do hereby certii5’ that the materials or services hereinbefore specified have been received, and that all warrant numbers listed below are approved for payment on this date. Mayor Date Report Warrants Date Amount Check Register 140245 — 140406 01/07/10 $1,255,573.15 TOTAL $1,255,573.15 SAFINANCE\NICKIE\LISTS Sc WORKSHEETS\COUNCIL.DOC City ofMercer Island Finance Department Accounts Payable Report Check Na Check Datc Vendor Name/Descriptio P0 # Invoice Invoice Dat Check Amoun 00140245 12/28/2009 KEYBANK (PHILEN) P61768 035387 12/09/2009 404.14 Grand & Benedicts fixture su - 00140246 12/28/2009 KEYBANK (MANRIQUEZ) P61767 035388 12/03/2009 250.00 Albertsons food cards for EA - 00140247 12/28/2009 PErrY CASH FUND FINANCE DEPT 035390 12/23/2009 43.24 PETTY CASH REIMBURSEMENT 00140248 12/28/2009 QWEST 035391 12/16/2009 354.55 PHONE USE DECEMBER 2009 00140249 12/28/2009 COLDWELL BANKER 035392 12/24/2009 133.89 OVERPAYMENT REFUND 4 BROOK BAY 00140250 12/28/2009 PHILEN, SUZANNE 035393 12/23/2009 150.00 DISPLAY CASE FDCTURE 00140251 12/28/2009 AWC 035394 12/23/2009 275.60 JANUARY 2010 00140252 12/28/2009 HAMILTON, HILLARY 035395 12/28/2009 194.00 REPLACE WARRANT 139476 00140253 12/28/2009 ROCK, R BRIAN 035396 12/23/2009 49.50 MILEAGE EXPENSE 00140254 12/28/2009 LACY, ALAN P P61780 035398 12/28/2009 79.20 LEOFF 1 Retiree Medical Expense 00140255 12/28/2009 CDW GOVERNMENT INC P61591 RCJ1S68/RDBO164 12/08/2009 19.97 Shipping 00140256 12/28/2009 RIIOADES, LANCE P61647 035399 12/06/2009 750.00 Arts Council Classics on Film 00140257 12/28/2009 CRYSTAL AND SIERRA SPRINGS P56467 1209 12/12/2009 104.62 2009 Water service for Parks 00140258 12/28/2009 CINTAS CORPORATION #460 P56396 460584388 12/29/2009 39.15 Rug cleaning service for Luthe 00140259 12/28/2009 ALJOYA P56463 035400 12/23/2009 753.00 Reimbursement for Landscape Se 00140260 12/28/2009 TERMINIX PROCESSING CTR P60117 291304615 12/07/2009 60.23 Garfield Landing Park pest con 00140261 12/28/2009 NORDEN, GREG P61775 290769 12/07/2009 28.00 Rental 10135 deposit return 00140262 12/28/2009 WINDERMERE P61773 291693 12/14/2009 300.00 CCMV rental 9747 deposit ret - 00140263 12/28/2009 BLUM, NICKI P61774 291955 12/16/2009 50.00 CCMV Rental 10254 deposit re - 00140264 12/28/2009 MEYER,AMY P61776 291311 12/11/2009 50.00 CCMV Rental 10132 deposit retu 00140265 12/28/2009 SAFELITE FULFILLMENT INC P61759 00442585311 12/14/2009 264.18 #357, windshield, mv #00442-5 00140266 12/28/2009 TIDEWATERTACTICAL P60947 6339 12/18/2009 11,289.95 Ballistic Vests for SOT Spli - 00140267 12/28/2009 TRELSTAD TREE INC P60407 9912/9914/9913 12/09/2009 11,355.15 Contract tree work, Sept-Dec 00140268 12/28/2009 SEATTLE PUBLIC UTILITIES P61756 W0070246 12/16/2009 200.00 water quality service, mv #W0 00140269 12/28/2009 SOREANO’S PLUMBING INC P61755 30715/30717/3070 12/10/2009 1,616.11 LB, repair upstairs toilet, in 00140270 12/28/2009 FIRE PROTECTION INC P56539 66775/67244/6677 11/30/2009 325.43 Evidence Room Security Alarm - 00140271 12/28/2009 STENN DESIGN P59528 09141 12/15/2009 712.50 2009 landscape assessment prog Date: 01/07/10 Report Name: CouncilAP Time 15:56:28 Page: 1 City ofMercer Island Finance Department Accounts Payable Report Check Na Check Daft Vendor NamelDescriptio P0 # Invoice I Invoice Dat Check Amoun 00140272 12/28/2009 DRAIN-PRO INC P61760 7135/6785 10/26/2009 602.25 TV storm draii~ lines, mv 7135 00140273 12/28/2009 TRAFFIC SAFETY SUPPLY P61732 923883 12/09/2009 583.31 3 IMPACT RECOVERY SIGN POSTS 00140274 12/28/2009 PART WORKS NC. P61739 272876 12/11/2009 95.95 TOILET PARTS 00140275 12/28/2009 RD FOWLER P6 1738 12646723 12/11/2009 223.52 HYDRANT PARTS 00140276 12/28/2009 SOUND SAFETY PRODUCTS P61737 319921901 12/11/2009 103.97 SAFETY BOOTS 00140277 12/28/2009 TRAFFIC SAFETY SUPPLY P61736 924135 12/15/2009 343.51 4” LETERS & NUMBERS FOR STREET 00140278 12/28/2009 GRAINGER P61752 914401601 12/16/2009 275.80 INVENTORY PURCHASES 00140279 12/28/2009 KIMMEL ATHLETIC SUPPLY CO NC P61753 0279106/0278395 12/09/2009 1,047.13 CREW SWEATSHIRT (PINE/1-XLG) 00140280 12/28/2009 TUBBS, CHRISTIAN P61771 035401 12/23/2009 1,280.00 Tuition Reimbursement for Fall 00140281 12/28/2009 KC RECORDER P61766 035402 12/23/2009 372.00 Sewer Liens and Sewer Lien Rel 00140282 12/28/2009 NORTHWEST LANDSCAPE SERVICES P58174 N000024389 11/30/2009 3,415.31 Open Space Vegetation Work 200 00140283 12/28/2009 OVERLAKE OIL P56484 01445591N 12/14/2009 2,844.86 Reservoir, 486g D @ 2.403 mv 00140284 12/28/2009 NORTHWEST LANDSCAPE SERVICES P60473 1N000024390 11/30/2009 2,688.23 Open Space Work 2009-10 Levy - 00140285 12/28/2009 VALLEY SUPPLY CO. P61373 399142 11/25/2009 198.02 INVENTORY PURCHASES 00140286 12/28/2009 HOME DEPOT CREDIT SERVICE P61757 022245/9132716 12/22/2009 246.40 LOUVER VENTS FOR LBP 00140287 12/28/2009 GRANGE SUPPLY NC P6 1765 561652 12/18/2009 35.02 MISC. WORK CLOTHES 00140288 12/28/2009 ROTH HILL ENGINEERING PARTNERS P58509 97367 12/21/2009 991.63 2009 Hazard Mitigation Plan Up 00140289 12/28/2009 UPS P61778 0000T6781T519 12/19/2009 16.53 SHIPPING FEE 00140290 12/28/2009 COMPLETE OFFICE P61777 035404 11/30/2009 4,559.13 OFFICE SUPPLIES NOVEMBER 2009 00140291 12/28/2009 OVERLAKE OIL P56484 144649&50/144678 12/18/2009 3,643.18 unleaded & diesel fuel purchas 00140292 12/28/2009 ISSAQUAH CITY JAIL P61781 0450006340 12/17/2009 4,800.00 Jail Services November 2009, i 00140293 12/30/2009 RBR TACTICAL ARMOR INC P61786 59026 11/12/2009 3,281.32 Ceramic Ballistic Plates for S 00140294 12/30/2009 KING COUNTY FINANCE P61782 1552450 12/21/2009 902.98 Jail Services for November 200 00140295 12/30/2009 QWEST P61787 035406 12/20/2009 1,437.56 PHONE USE DECEMBER 2009 00140296 12/30/2009 SUNSET PRESS P61788 55515 12/17/2009 1,628.27 2010 Utility Rate Change Inser 00140297 12/30/2009 LN CURTIS & SONS P61790 207324900 12/22/2009 231.05 Spike Stripe, invoice #2073249 00140298 12/30/2009 UNDERWATER SPORTS NC. P61719 226089 12/15/2009 52.56 Inflator repair Date: 01/07/10 Report Name: CounollA? Time 15:56:28 Page: 2 City of Mercer Island Finance Department Accounts Payable Report Check Nc Check Daft Vendor Name/Descriptio P0 # Invoice Invoice Dat Check Amoun 00140299 12/30/2009 PREMIER CABLING LLC P61785 546 12/16/2009 136.88 installed 1 craegory 5e cable 00140300 12/30/2009 CDW GOVERNMENT INC P61590 RDM7343 12/14/2009 1,476.72 Toshiba Portege M750-S7221 C - 00140301 12/30/2009 POT 0 GOLD INC P61789 167448 12/23/2009 398.45 DECEMBER COFFEE ORDER 00140302 12/30/2009 RWBECK P61722 0114448 12/10/2009 640.95 NPDES ASSISTANCE 00140303 12/30/2009 MI EMPLOYEES ASSOC 035407 12/29/2009 135.00 PAYROLL DATED 12/31/09 00140304 12/30/2009 FIRE ASSOCIATION 035408 12/29/2009 1,442.70 PAYROLL DATED 12/31/09 00140305 12/30/2009 GET Program 035409 12/29/2009 394.00 PAYROLL DATED 12/31/09 00140306 12/30/2009 UNITED WAY OF KING CO 035410 12/29/2009 241.23 PAYROLL DATED 12/31/09 00140307 12/30/2009 ALEXANDER, DEBORAH 035411 12/28/2009 16.23 MILEAGE EXPENSE 00140308 12/30/2009 MAUHL, WADE 035413 12/29/2009 47.24 SEWER LAKE LINE PLUG EXPENSE 00140309 12/30/2009 RESERVE ACCOUNT P61796 035414 12/18/2009 10,000.00 POSTAGE MACHINE REFILL 00140310 12/30/2009 EASTSIDE EXTERMINATORS P61795 122305 12/22/2009 216.26 lower perimeter spraying, mv 00140311 12/30/2009 OWEN EQUIPMENT COMPANY P61794 55076 12/22/2009 315.73 PARTS FOR VEC. #3 80, mv #5507 00140312 12/30/2009 KCFINANCE P61793 1551793 12/16/2009 4,515.16 signs & markings, mv 1551793 00140313 12/30/2009 BRYAN, KAREN P61792 0957/0956 12/21/2009 4,317.50 Stormwater Conservation servic 00140314 12/30/2009 BARNETT TREE CARE P61598 035415 12/23/2009 7,824.25 South Mercer Playfields Cotton 00140315 12/30/2009 CORRECTIONAL INDUSTRIES P61561 WCCW03427 12/18/2009 280.27 CCMV Shirts 00140316 12/30/2009 CSRMARINEINC P61799 21193 12/11/2009 13,578.00 Painting of Patrol #12 00140317 12/30/2009 MASTERMARK P61801 0545885 12/22/2009 94.47 E. Robinson Notary Stamp 00140318 12/30/2009 SUBURBAN CITIES ASSOCIATION P61802 1548 12/22/2009 43.00 M. Cero Networking Dinner 00140319 12/30/2009 WA ST DEPT OF PRINTING P61800 23606/23582 12/21/2009 909.23 #10 ENVELOPES FOR MAILING ANNU 00140320 12/30/2009 CHEMAQUA P61784 588460 12/16/2009 750.35 WATER TREATMENT PRODUCT &/OR S 00140321 12/30/2009 HD SUPPLY WATERWORKS LTD P61783 9712509 12/21/2009 1,039.24 INVENTORY PURCHASES 00140322 12/30/2009 SOUND SAFETY PRODUCTS P61779 320032601 12/22/2009 129.76 SAFETY BOOTS & MISC. WORK CLOT 00140323 01/05/2010 PETTY CASH FUND FINANCE DEPT 035418 01/05/2010 625.00 REPLENISH CASH FUNDS T S OPERA 00140324 01/06/2010 PROJECTA INC P61860 09E0Y108 01/01/2010 900.00 SIB Hosting Jan ito Mar 31 00140325 01/06/2010 ICMA P61848 206746 01/01/2010 1,373.23 R. Conrad 2010 Membership Dues Date: 01/07/10 Report Name: CouncilAP Time 15:56:28 Page: 3 City ofMercer Is!and Finance Department Accounts Payable Report Check Nc Check Datc Vendor Name/Descriptio P0 # Invoice Invoice flat Check Amoun 00140326 01/06/2010 HARRIS COMPUTER SYSTEMS P61833 MN00032801 11/30/2009 17,285.97 Utility Billing Software Suppo 00140327 01/06/2010 WORKSHOP CALENDAR, THE P61830 035419 01/04/2010 15.00 Annual clinical subscription 00140328 01/06/2010 MI CHAMBER OF COMMERCE P61837 035421 01/01/2010 1,200.00 MONTHLY BILLING FOR SERVICES J 00140329 01/06/2010 NORCOM P61854 2010012 01/01/2010 148,778.25 Fire Dispatch Oper Quarterly - 00140330 01/06/2010 SUBURBAN CITIES ASSOCIATION P61861 1584 01/01/2010 12,718.11 2010 Dues Assessment 00140331 01/06/2010 WA CITIES INSURANCE AUTHORITY P61856 1068 12/30/2009 759,282.00 2010 Liability Insurance 00140332 01/06/2010 ASSOCIATION OF WA CITIES P61857 035422 12/17/2009 15,322.23 2010 Annual Service Fee 00140333 01/06/2010 WASTGENERALADMIN P61850 18152321 01/05/2010 500.00 Quarterly Biling for State 00140334 01/06/2010 PUGET SOUND CLEAN AIR AGENCY P61851 100675 11/20/2009 23,457.00 2010 Clean Air Assesment 00140335 01/06/2010 A-I PAINTING P61807 011001641 12/30/2009 6,535.03 painting, Community Center per 00140336 01/06/2010 ALL PHASE CONSTRUCTION P61825 752 12/30/2009 5,196.87 repaired damaged ceiling due 00140337 01/06/2010 BELLEVUE TREASURER, CITY OF P61880 22179 12/30/2009 6,772.00 2009 Ortho Project 00140338 01/06/2010 CUMMINS NORTHWEST INC P61842 00112063 12/30/2009 398.45 repair generator, Booster Stat 00140339 01/06/2010 DOOR PROS P61808 2106/2099 12/10/2009 1,168.98 replace door, mv 2099, Fire 00140340 01/06/2010 EARTHCORPS INC P57434 2652 12/22/2009 1,348.00 Volunteer Management Services 00140341 01/06/2010 EVERGREEN WINDOWCLEAN1NG P61810 6685/6681 12/14/2009 612.19 window cleaning, Shop, mv #66 00140342 01/06/2010 FEDEX KINKO’S P61720 103800005773 12/28/2009 438.00 CCMV Brochures and Business - 00140343 01/06/2010 FISHERIES SUPPLY P61803 1037150 12/18/2009 119.12 Repair Supplies for Patrol 11, 00140344 01/06/2010 GOLDERASSOCIATES INC P58399 253389 12/16/2009 4,016.00 2009 Groundwater Compliance 00140345 01/06/2010 IACP MEMBERSHIP - P61836 1620924 12/09/2009 120.00 Membership Renewal Dues, Membe 00140346 01/06/2010 IKON OFFICE SOLUTIONS P61805 5013153205 12/15/2009 163.46 Use charges for CCMV copier 00140347 01/06/2010 KEYBANK (CONRAD) P61847 011001648 12/24/2009 72.50 Palomino: P&R Director Intervi 00140348 01/06/2010 KEYBANK (CORDER) P61853 011001646 12/24/2009 48.80 Parks Director Interview Lunch 00140349 01/06/2010 KEYBANK (HOLMES) P61839 0H001650 12/24/2009 53.70 Lunch with Parks & Rec Directo 00140350 01/06/2010 KEYBANK (JOKINEN) P61840 OH001649 12/24/2009 422.02 Batteries for SOT 00140351 01/06/2010 KEYBANK (KASER) P61876 OH001647 12/24/2009 16.63 Business Process Review 00140352 01/06/2010 KEYBANK (LAKE) P61852 OH001652 12/26/2009 25.00 Finance Meeting Dec. 2009 Date: 01/07/10 Report Name: CouncilAP Time 15:5628 Pagc: 4 City ofMercer Island Finance Department Accounts Payable Report Check Nc Check Daft Vendor Name/Descriptio P0 # Invoice I Invoice flat Check Amoun 00140353 01/06/2010 KEYBANK (MASON) P61859 011001645 12/24/2009 1,778.15 Metro Bistro: J. Mason Fumitu 00140354 01/06/2010 KEYBANK (SPIETZ) P61849 0H001651 12/24/2009 586.48 Amazon: Keyboard for A. Spietz 00140355 01/06/2010 MERCER ISLAND HARDWARE-POLICE P61791 OH001644 12/31/2009 29.79 Silicone to repair leak on Pat 00140356 01/06/2010 MI HIGH TIMES P61804 011001640 12/30/2009 25.00 MIHS Newspaper Subscription 00140357 01/06/2010 MI UTILITY BILLS P61832 OH001643 12/31/2009 19,404.09 Nov and Dec/09 Water Bills 00140358 01/06/2010 MOUNTAINS TO SOUND P57556 4 12/31/2009 3,636.50 Volunteer management services 00140359 01/06/2010 NELSON TRUCK EQUIPMENT CO INC P61397 499834 10/22/2009 6,389.23 Meyer ST 7.5 (7ft 6th) Steel 00140360 01/06/2010 NORTHWEST LANDSCAPE SERVICES P58111 RC000037002&7003 12/01/2009 9,697.06 Landscapii~g services for Thrif 00140361 01/06/2010 OVERLAKE OIL P56484 01447541N 12/28/2009 2,119.92 unleaded & diesel fhel purchas 00140362 01/06/2010 PACIFIC EARTH WORKS INC P61858 9MAINTENANCE 12/18/2009 1,513.68 Luther Burbank Plant Maintenan 00140363 01/06/2010 PACIFIC MODULAR P61826 11564/11565 12/21/2009 866.25 carpet cleaning, North fire, i 00140364 01/06/2010 PURIFIED WATER TO GO P61846 102510 12/31/2009 47.50 Bottled Water for Records, mv 00140365 01/06/2010 S&B INC P61844 SB22118 12/28/2009 1,920.58 replacement graphic panel @ 00140366 01/06/2010 SAFE BOATS P61798 1588 12/31/2009 14,614.75 refurbish of Patrol 12 00140367 01/06/2010 5MB INC OF SEATTLE P61843 28507 12/31/2009 202.58 troubleshoot valve & heat @ PS 00140368 01/06/2010 SMITH, TIMOTHY A P61828 155 12/31/2009 900.00 MI-TV Computer Repairs & Maint 00140369 01/06/2010 STERLING REFERENCE LAB P61829 F2029014&15 12/15/2009 75.16 Drug test fees 00140370 01/06/2010 TEC MECHANICAL SERVICES P61809 89990/89814/8998 12/08/2009 1,757.16 repair replace T. stat in - 00140371 01/06/2010 TETRA TECH INC P57253 50316392 12/16/2009 13,050.70 LAKE LINE CONSTRUCTION SERVICE 00140372 01/06/2010 TOTAL LANDSCAPE CORP P58132 44930 11/30/2009 33,170.99 Open Space Vegetation Work 200 00140373 01/06/2010 BAKER, DENNIS L OH001659 12/26/2009 22.00 MILEAGE EXPENSE 00140374 01/06/2010 DRUSCHBA, JOHN F OH001666 12/26/2009 37.40 MILEAGE EXPENSE 00140375 01/06/2010 FELIX, JIM 0H001658 12/25/2009 26.40 MILEAGE EXPENSE 00140376 01/06/2010 GAVIGLIO, MIKE 0H001663 12/26/2009 100.58 MILEAGE EXPENSE 00140377 01/06/2010 I-IYATT, ROBERTS OHOO 1671 12/28/2009 82.09 MULTI DIVIDER PERSONNEL FILE 00140378 01/06/2010 KENWORTHY, LBS OH001661 12/31/2009 60.00 DATA PACKAGE REIMB OCT/NOV2009 00140379 01/06/2010 KNIGHT, KATHLEEN OH001662 04/29/2009 197.99 MILEAGE EXPENSE Date: 01/07/10 Report Name: CouncilAP Time 15:56:28 Page: 5 City ofMercer Island Finance Department Accounts Payable Report Check No Check Daft Vendor Namelflescriptio P0 # Invoice Invoice Dat Cheek Amoun 00140380 01/06/2010 LOGSDON, SCOTT 0H001656 01/05/2010 150.00 MEDICAL DEDUCT REIMB 2009 00140381 01/06/2010 MOLTZ, ERIC 011001667 12/26/2009 28.60 MILEAGE EXPENSE 00140382 01/06/2010 NEXTEL WEST CORP 011001655 12/30/2009 5,250.94 CELL PHONE USE 11/27-12/26 00140383 01/06/2010 QWEST 011001654 12/23/2009 2,022.41 PHONE USE DECEMBER 2009 00140384 01/06/2010 RAASCH, JANA 0H001660 12/29/2009 7.16 MILEAGE EXPENSE 00140385 01/06/2010 SANDSTROM, DONALD 0H001670 12/19/2009 208.01 BATTERY CARTRIDGE/MIRO COMM FA 00140386 01/06/2010 WALKER JR., RUDY 0H001665 12/26/2009 85.80 MILEAGE EXPENSE 00140387 01/06/2010 WILLING, ROBERT 0H001664 12/26/2009 86.34 MILEAGE EXPENSE 00140388 01/07/2010 CAMPOS, JOSEPHINE 035424 01/01/2010 2,479.00 FLEX SPEND ACCT REIMB 1/15/10 00140389 01/07/2010 JIJDD,JOLENE 035425 01/06/2010 32.74 OFFICE SUPPLY STORAGE CONTAINE 00140390 01/07/2010 AUSTIN, RAY 0H001675 01/07/2010 766.12 FLEX SPEND ACCT REIMB 12/31/09 00140391 01/07/2010 BARNES, HARVEYL 011001673 01/07/2010 192.31 FLEX SPEND ACCT REIMB 12/31/09 00140392 01/07/2010 COOK, JASON 0H001674 01/07/2010 192.31 FLEX SPEND ACCT REIMB 12/31/09 00140393 01/07/2010 GARRETT, BRET 0H001679 01/07/2010 999.96 FLEX SPEND ACCT REIMB 12/31/09 00140394 01/07/2010 GROSCOST, CURTIS E 0H001676 01/07/2010 192.31 FLEX SPEND ACCT REIMB 12/31/09 00140395 01/07/2010 HEITMAN, STEVE 011001690 12/21/2009 10.00 PARKING FEE 00140396 01/07/2010 HOLMES, EDWARD J 011001682 01/07/2010 754.00 FLEX SPEND ACCT REIMB 12/31/09 00140397 01/07/2010 KENWORTHY, LES 011001683 01/07/2010 218.08 FLEX SPEND ACCT REIMB 12/31/09 00140398 01/07/2010 KNOTT, KENNETH OH001684 01/07/2010 468.61 FLEX SPEND ACCT REIME 12/31/09 00140399 01/07/2010 LOGSDON, SCOTT 0H001685 01/07/2010 2,149.94 FLEX SPEND ACCT REIMB 12/31/09 00140400 01/07/2010 MCWATTERS, BRIAN 011001686 01/07/2010 813.00 FLEX SPEND ACCT REIMB 12/31/09 00140401 01/07/2010 MOLTZ, ERIC 0H001681 01/07/2010 235.42 FLEX SPEND ACCT REIMB 12/31/09 00140402 01/07/2010 QUINN, THOMAS 011001687 01/07/2010 605.40 FLEX SPEND ACCT REIMB 12/31/09 00140403 01/07/2010 RAASCH, lANA 011001688 01/07/2010 750.00 FLEX SPEND ACCT REIMB 12/31/09 00140404 01/07/2010 SAUNDERS, TRAVIS OH001678 01/07/2010 192.31 FLEX SPEND ACCT REIMB 12/31/09 00140405 01/07/2010 TUTTLE, LAJUAN OH001680 01/07/2010 192.31 FLEX SPEND ACCT REIMB 12/31/09 00140406 01/07/2010 WILSON, TODD R OH001689 01/07/2010 499.98 FLEX SPEND ACCT REIMB 12/31/09 Date: 01107/10 Report Name: CouncilAP Time 15:56:28 Page: 6 City ofMercer Island Finance Department Accounts Payable Report Check Na Check Daft Vendor Namelflescriptio P0 # Invoice I Invoice Dat Check Amoun Total 1,255,573.15 Date: 01101110 RepcztName: CounciL4P Time 15:56:28 Page: 7 City of Mercer Island Finance Department Accounts Payable Report P0 # Check # Vendor Transaction Descriptioi Check Amoun Org Key: 001000 - General Fund-A dm1,, Key 00140323 PErrY CASH FUND FINANCE DEPT REPLENISH CASH FUNDS T S OPERA 625.00 P6 1773 00140262 WINDERIvIERE CCMV rental 9747 deposit ret - 300.00 00140252 HAMILTON, HILLARY REPLACE WARRANT 139476 194.00 P6 1774 00140263 BLUM, NICKI CCMV Rental 10254 deposit re - 50.00 P61776 00140264 MEYER, AMY CCMV Rental 10132 deposit reW 50.00 P61775 00140261 NORDEN, GREG Rental 10135 deposit return 28.00 Org Key: 402000 - Water Fund-Admin Key P61783 00140321 RD SUPPLY WATERWORKS LTD INVENTORY PURCHASES 1,039.24 P61752 00140278 GRAINGER INVENTORY PURCHASES 275.80 P61373 00140285 VALLEY SUPPLY CO. INVENTORY PURCHASES 198.02 P61732 00140273 TRAFFIC SAFETY SUPPLY INVENTORY PURCHASES 188.94 00140249 COLDWELL BANKER OVERPAYMENT REFUND 4 BROOK] 133.89 Org Key: 814072 United Way - 00140306 UNITED WAY OF KING CO PAYROLL DATED 12/31/09 241.23 Org Key: 814075 Mercer Island Emp Association - 00140303 MI EMPLOYEES ASSOC PAYROLL DATED 12/31/09 135.00 Org Key: 814078 Fire Fighters Association - 00140304 FIRE ASSOCIATION PAYROLL DATED 12/31/09 1,442.70 Org Key: 814083 Vol L~e Ins States West LV - - 00140251 AWC JANUARY2010 275.60 Org Key: 814085 GET Program Deductions - 00140305 GET Program PAYROLL DATED 12/31/09 394.00 Org Key: CAIJOO Administration (CA) - P61777 00140290 COMPLETE OFFICE OFFICE SUPPLIES NOVEMBER2009 207.70 00140379 KNIGHT, KATHLEEN MILEAGE EXPENSE 197.99 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 59.18 P61801 00140317 MASTERMARK E. Robinson Notary Stamp 47.24 Org Key: CMJIOO Administration (CM) - P61848 00140325 ICMA R. Conrad 2010 Membership Dues 1,373.23 P61777 00140290 COMPLETE OFFICE OFFICE SUPPLIES NOVEMBER2009 205.44 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 111.81 P61849 00140354 KEYBANK (SPIETZ) Amazon: Keyboard forA. Spietz 36.48 Org Key: CMI400 Communications - P61828 00140368 SMITH, TIMOTHY A MI-TV Cable Operator Dec 2009 750.00 P6 1828 00140368 SMITH, TIMOTHY A MI-TV Computer Repairs & Maint 150.00 P61804 00140356 MI HIGH TIMES MIHS Newspaper Subscription 25.00 Org Key: C06100 City Council - P61849 00140354 KEYBANK (SPIETZ) Salish Lodge: Deposit for 2010 550.00 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 52.74 P61802 00140318 SUBURBAN CITIES ASSOCIATION M. Cero Networking Dinner 43.00 P61846 00140364 PURIFIED WATER TO GO Water for Caucus Room 4.75 Org Key: CR1100 - CORe Admin and Human Resources Date: 01/07/10 ReportName: CounciIAPS Time 15:57:32 Page: 1 City oJMercer Island flnance Department Accounts Payable Report P0 # Check if Vendor Transaction flescriptioi Check Amoun P61771 00140280 TUBBS, CHRISTIAN Tuition Reimbursement for Fall 640.00 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 163.18 P61777 00140290 COMPLETE OFFICE OFFICE SUPPLIES NOVEMBER 2009 46.86 Org Key: CTIIOO Municipal Court - 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 50.00 P61777 00140290 COMPLETE OFFICE OFFICE SUPPLIES NOVEMBER 2009 39.90 Org Key: DSIIOO Administration (DS) - 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 132.51 P6 1779 00140322 SOUND SAFETY PRODUCTS SAFETY BOOTS & MISC. WORK CLO 129.76 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC HOODED SWEATSHIRT-ZIPPERED 31.48 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO INC SILK SCREEN CHARGE (CITY OF ME 3.91 Org Key: DSI200 Bldg Plan Review & Inspection - P6 1590 00140300 CDW GOVERNMENT NC Toshiba Portege M750-S7221 C - 1,378.61 P61590 00140300 CDW GOVERNMENT NC Toshiba memory -2 GB SO DIM- 75.56 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 50.33 P6 1590 00140300 CDW GOVERNMENT NC shipping 22.55 Org Key: DSI300 Land Use Planning Svc - 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 51.42 Org Key: DS1400 Development Engineering - P61722 00140302 RWBECK NPDES ASSISTANCE 640.95 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 114.88 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO NC HOODED SWEATSHIRT (SPORT GRA 19.16 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO NC SILK SCREEN CHARGE (CITY OF ME 15.41 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO NC TEE SHIRT (NAVY/2-XLG) 12.26 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO NC TEE SHIRT LONG SLEEVE (LIGHT 11.77 Org Key: DS4SSO Utility Inspection (Clearing) - 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 84.76 Org Key: FNIJOO Administration (FN) - P6 1777 00140290 COMPLETE OFFICE OFFICE SUPPLIES NOVEMBER 2009 163.09 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 81.14 P6 1852 00140352 KEYBANK (LAKE) • Finance Meeting Dec. 2009 25.00 P56690 00140364 PURIFIED WATER TO GO MONTHLY DRINKING WATER CITY 19.00 P61778 00140289 UPS SHIPPING FEE 16.53 Org Key: FN4SO1 Utility Billing (Water) - P61833 00140326 HARRIS COMPUTER SYSTEMS Utility Billing Software Suppo 5,761.99 P61788 00140296 SUNSET PRESS 2010 Utility Rate Change Inser 542.76 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO NC PULLOVER FLEECE (NAVY/1-XLG) 15.88 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO NC HOODED SWEATSHIRT-ZIPPERED 15.75 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO NC EMBROIDERY CHARGE (CITY OF Ml 4.09 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO NC SILK SCREEN CHARGE (CITY OF ME 1.84 Org Key: FN4502 Utility Billing (Sewer) - P61833 00140326 HARRIS COMPUTER SYSTEMS Utility Billing Software Suppo 5,761.99 P6 1788 00140296 SUNSET PRESS 2010 Utility Rate Change Inser 542.76 P6 1766 00140281 KC RECORDER Sewer Liens and Sewer Lien Rel 372.00 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC PULLOVER FLEECE (NAVY/1-XLG) 15.88 Date: 01/07/10 Report Name: CounciIAPS Time 1S:57S2 hg~2 _S~X_—.-_-- T_’.___2 r’,. —~ —— city uj lvi eruer nzu’Iu F t’IU’ICC neput~ne~ii Accounts Payable Report P0 # Check # Vendor Transaction Descriptioi Check Amoun P6 1753 00140279 KIMMEL ATHLETIC SUPPLY Co INC HOODED SWEATSHIRT-ZIPPERED 15.73 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO INC EMBROIDERY CHARGE (CITY OF Ml 4.07 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC SILK SCREEN CHARGE (CITY OF ME 1.84 Org Key: FN4503 Utility Billing (Storm) - P6 1833 00140326 HARRIS COMPUTER SYSTEMS Utility Billing Software Suppo 5,761.99 P61788 00140296 SUNSET PRESS 2010 Utility Rate Change Inser 542.75 Org Key: FNBEOI Financial Services - P61837 00140328 MI CHAMBER OF COMMERCE MONTHLY BILLING FOR SERVICES; 1,200.00 P61800 00140319 WA ST DEPT OF PRINTING #10 ENVELOPES FOR MAILING ANN] 477.76 P61800 00140319 WA ST DEPT OF PRINTING #9 ENVELOPES FOR MAILING ANNU 431.47 Org Key: FRIIOO Administration (FR) - P61755 00140269 SOREANO’S PLUMBING INC N Fire, repair leak in apparat 197.10 P61787 00140295 QWEST PHONE USE DECEMBER 2009 41.88 00140389 JUDD, JOLENE OFFICE SUPPLY STORAGE CONTAE’ 32.74 00140395 HEITMAN, STEVE PARKING FEE 10.00 Org Key: FRI2O() Fire Marshal - 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 79.75 Org Key: FR2100 Fire Operations - P61855 00140329 NORCOM Fire Dispatch Oper Quarterly - 30,789.50 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 208.05 00140378 KENWORTHY, LES DATA PACKAGE REIMB OCT/NOV2O 60.00 Org Key: FR4JO() Training- P61771 00140280 TLJBBS, CHRISTIAN Tuition Reimbursement for Fall 640.00 Org Key: GGIOOI General Government-Insurance - P61856 00140331 WA CITIES INSURANCE AUTHORITY 2010 Liability Insurance 642,453.00 P61856 00140331 WA CITIES INSURANCE AUTHORITY 2010 Property Insurance 88,569.00 P61856 00140331 WA CITIES INSURANCE AUTHORITY 2010 Boiler& Machinery 3,647.00 P61856 00140331 WA CITIES INSURANCE AUTHORITY 2010 Crime/Fidelity 2,201.00 Org Key: GGMOOI General Government-Misc - P61860 00140324 PROJECT A INC SIB Hosting Jan ito Mar 31 900.00 P6 1789 00140301 POT 0’ GOLD INC DECEMBER COFFEE ORDER 398.45 P61850 00140333 WASTGENERALADMIN Quarterly Biling for State 250.00 P6 1847 00140347 KEYBANK (CONRAD) Palomino: P&R Director Intervi 72.50 P61859 00140353 KEYBANK (MASON) Bennett’s: P&R Director Interv 58.15 P61839 00140349 KEYBANK (HOLMES) Lunch with Parks & Rec Directo 53.70 P61853 00140348 KEYBANK (CORDER) Parks Director Interview Lunch 48.80 Org Key: GGMOO4 Gen Govt-Office Support - P61796 00140309 RESERVE ACCOUNT POSTAGE MACHINE REFILL 10,000.00 P61777 00140290 COMPLETE OFFICE OFFICE SUPPLIES NOVEMBER 2009 1,076.76 Org Key: GGMOOS Genera Govt-LI Retiree Costs - P61780 00140254 LACY, ALAN P LEOFFI Retiree Medical Expense 79.20 Org Key: GX9997 - Employee Benefits-Fire 00140380 LOGSDON, SCOTT MEDICAL DEDUCT REIMB 2009 150.00 Date: 01/07/10 Report Name: CounciIAP5 Time 15:57:32 Page: 3 City ofMercer Island Finance Department Accounts Payable Report P0 # Check # Vendor Transaction flescriptioi Check Amonn Org Key: IGMAUJ Air Pollution Control/Assess - P61851 00140334 PUGET SOUND CLEAN AIR AGENCY 2010 Clean Air Assesment 23,457.00 Org Key: IGVOOI AWCAssessment - P61857 00140332 ASSOCIATION OF WA CITIES 2010 Annual Service Fee 15,322.23 Org Key: 1GV008 Suburban Cities Association - P61861 00140330 SUBURBAN CITIES ASSOCIATION 2010 Dues Assessment 12,718.11 Org Key: 152100 16’S Network Administration - P61787 00140295 QWEST PHONE USE DECEMBER2009 1,143.34 00140383 QWEST PHONE USE DECEMBER2009 1,015.55 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 306.32 00140248 QWEST PHONE USE DECEMBER 2009 295.13 P61876 00140351 KEYBANK (KASER) Business Process Review 16.63 Org Key: MT2100 Roadway Maintenance - P6 1736 00140277 TRAFFIC SAFETY SUPPLY 4” LETERS & NUMBERS FOR STREE] 302.78 P6 1732 00140273 TRAFFIC SAFETY SUPPLY 3 IMPACT RECOVERY SIGN POSTS 247.64 P6 1732 00140273 TRAFFIC SAFETY SUPPLY 2)1/2” X 100’ 55 BANDING 146.73 P61736 00140277 TRAFFIC SAFETY SUPPLY 2” LETTERS FOR STREET SIGNS (2 40.73 Org Key: MT2255 Urban Forest Management (ROW) - P60407 00140267 TRELSTAD TREE INC contracted removal of maples @ 9,855.00 P60407 00140267 TRELSTAD TREE INC Contract tree work, Sept-Dec 1,500.15 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 28.87 Org Key: MT2300 Planter Bed Maintenance - P61832 00140357 MI UTILITY BILLS Nov and Dec/09 Water Bills 1,038.31 Org Key: MT2500 ROWAdministration - P61737 00140276 SOUND SAFETY PRODUCTS SAFETY BOOTS 103.97 00140253 ROCK, R BRIAN MILEAGE EXPENSE 49.50 P6 1765 00140287 GRANGE SUPPLY INC MISC. WORK CLOTHES 35.02 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO INC TEE SHIRT (NAVY/2-MED,4-LG,9-X 12.88 P61777 00140290 COMPLETE OFFICE OFFICE SUPPLIES NOVEMBER2009 9.09 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC SILK SCREEN CHARGE (MAINTENAI 8.25 Org Key: MT3IOO Water Distribution - P56484 00140283 OVERLAKE OIL Reservoir, 486g D @ 2.403 mv 2,844.86 P56484 00140291 OVERLAKE OIL Reservoir, 486g D @2.403 mv 1,167.72 P6 1832 00140357 MI UTILITY BILLS Nov and Dec/09 Water Bills 249.92 P61738 00140275 H D FOWLER HYDRANT PARTS 223.52 Org Key: MT3200 Water Pumps - P61844 00140365 S&B INC replacement graphic panel @ 1,920.58 P61842 00140338 CUMMINS NORTHWEST INC repair generator, Booster Stat 398.45 P61756 00140268 SEATI’LE PUBLIC UTILITIES water quality service, mv #W0 200.00 P6 1757 00140286 HOME DEPOT CREDIT SERVICE MATERIALS TO SEAL OFF WALL AT 87.36 00140248 QWEST PHONE USE DECEMBER2009 59.42 Org Key: MT3300 Water Associated Costs - P61832 00140357 MI UTILITY BILLS Nov and Dec/09 Water Bills 65.08 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC TEE SHIRT (NAVY/2-MED,4-LG,9-X 36.49 Date: 01/07/10 ReportName: CouneiIAP5 Time 15:57:32 Page: 4 City ofMercer Island Finance Department t1A..~AJL111fl L ajaJJA- fl.99U1 L pO# Check# Vendor Transaction Descriptioi Check Amoun 00140387 WILLING, ROBERT MILEAGE EXPENSE 25.30 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO INC SILK SCREEN CHARGE (MAINTENAI 23.37 Org Key: MT3400 Sewer Collection - P61832 00140357 MI UTILITY BILLS Nov and Dec/09 Water Bills 275.28 Org Key: MT3SOO Sewer Pumps - 00140383 QWEST PHONE USE DECEMBER 2009 1,006.86 P61832 00140357 MI UTILITY BILLS Nov and Dec/09 Water Bills 545.24 P6 1843 00140367 SME INC OF SEATI’LE troubleshoot valve & heat ~ P5 202.58 Org Key: MT3600 Sewer Associated Costs - P6 1777 00140290 COMPLETE OFFICE OFFICE SUPPLIES NOVEMBER 2009 59.03 00140308 MAUHL, WADE MILEAGE EXPENSE 33.00 00140381 MOLTZ, ERIC MILEAGE EXPENSE 28.60 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 25.00 00 140308 MAUHL, WADE SEWER LAKE LINE PLUG EXPENSE 14.24 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO INC TEE SHIRT (NAVY/2-MED,4-LG,9-X 12.88 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO INC SILK SCREEN CHARGE (MAINTENAI 8.25 Org Key: MT3800 Storm Drainage - P6 1760 00140272 DRAIN-PRO INC TV storm drain lines, mv 7135 602.25 P61832 00140357 MI UTILITY BILLS Nov and Dec/09 Water Bills 65.08 Org Key: MT4IOI Support Services Ge,: eral Fd - - P6 1777 00140290 COMPLETE OFFICE OFFICE SUPPLIES NOVEMBER 2009 79.04 Org Key: MT4150 Support Services Clearing - - 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 1,265.01 P61777 00 140290 COMPLETE OFFICE OFFICE SUPPLIES NOVEMBER 2009 34.86 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC PULLOVER FLEECE (GRAY HEATHE 31.76 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC TEE SHIRT (NAVY/2-MED,4-LG,9-X 23.61 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC SILK SCREEN CHARGE (MAINTENAI 15.12 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC EMBROIDERY CHARGE (MAINTENA 8.08 Org Key: MT4200 Building Services - P61832 00140357 MI UTILITY BILLS Nov and Dec/09 Water Bills 7,277.38 P61825 00140336 ALL PHASE CONSTRUCTION repaired damaged ceiling duet 5,196.87 P61809 00140370 TEC MECHANICAL SERVICES repair replace T. stat in - 736.93 P61755 00140269 SOREANO’S PLUMBING INC N Fire, repair leak in apparat 703.54 P61784 00140320 CHEMAQUA WATER TREATMENT PRODUCT &/O 750.35 P6 1826 00140363 PACIFIC MODULAR carpet cleaning, City Hall, in 535.50 P61826 00140363 PACIFIC MODULAR carpet cleaning, North fire, i 330.75 P61755 00140269 SOREANO’S PLUMBING INC Shop, repair janitors sink, in 288.42 P61795 00140310 EASTSIDE EXTERMINATORS lower perimeter spraying, mv 216.26 P61810 00140341 EVERGREEN WINDOW CLEANING window cleaning, Shop, mv #66 106.30 P61739 00140274 PART WORKS INC. TOILET PARTS 95.95 P56539 00140270 FIRE PROTECTION INC Evidence Room Security Alarm - 84.75 Org Key: MT4300 Fleet Services - P61856 00140331 WA CITIES INSURANCE AUTHORITY 2010 Auto Physical Damage 22,412.00 P56484 00140291 OVERLAKE OIL unleaded & diesel fuel purchas 2,475.46 P56484 00140361 OVERLAKE OIL unleaded & diesel fuel purchas 2,119.92 Date: 01107/10 Repoat Name: CouncIIAPS Time 15:57:32 Page: 5 City ofMercer Island Finance Department Accounts Payable Report P0 # Check # Vendor Transaction Descriptioi Check Amoun P6 1794 00140311 OWEN EQUIPMENT COMPANY PARTS FOR VEC. #3 80, mv #5507 315.73 P61759 00140265 SAFELITE FULFILLMENT INC #357, windshield, mv #00442-5 264.18 P61850 00140333 WA ST GENERAL ADMIN Quarterly Biling for State 250.00 Org Key: MT4450 Gist Resp Clearing Acct - - P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC CREW SWEATSHIRT (PINE/1-XLG) 31.76 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC EMBROIDERY CHARGE (MAINTENA 16.39 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC TEE SHIRT (NAVY/2-MED,4-LG,9-X 12.88 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO INC SILK SCREEN CHARGE (MAINTENAI 8.25 Org Key: MT4501 Water Administration - P58509 00140288 ROTH HILL ENGINEERING PARTNERS 2009 Hazard Mitigation Plan Up 991.63 P56539 00140270 FIRE PROTECTION INC Reservoir Security Alarm mv - 84.75 P6 1787 00140295 QWEST PHONE USE DECEMBER 2009 43.00 Org Key: MT4503 Storm Water Administration - P61792 00140313 BRYAN, KAREN Stormwater Conservation servic 1,917.50 Org Key: MT4800 Water Conservation - P61792 00140313 BRYAN, KAREN Landscape Conservation Service 2,400.00 Org Key: MT4900 Solid Waste - P59528 00140271 STENN DESIGN 2009 landscape assessment prog 712.50 Org Key: P01100 Administration (P0) - 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 775.78 P61836 00140345 IACP MEMBERSHIP - Membership Renewal Dues, Membe 120.00 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 50.83 P61801 00140317 MASTERMARK S. Hyatt Notary Stamp 47.23 Org Key: P01200 Administration (CJ-P0) - P60947 00140266 TIDEWATER TACTICAL Ballistic Vests for SOT Spli - 9,000.00 Org Key: P01350 Police Emergency Management - 00140385 SANDSTROM, DONALD BAT]EERY CARTRIDGE/MIRO COMM 208.01 Org Key: P01700 Records and Property - P6 1777 00140290 COMPLETE OFFICE OFFICE SUPPLIES NOVEMBER 2009 419.91 P61591 00140255 COW GOVERNMENT INC 3M Ergonomic Mouse EMSSOGPS Sm 69.82 P61838 00140364 PURIFIED WATER TO GO Bottled Water for Records, mv 23.75 P61591 00140255 COW GOVERNMENT INC Shipping 8.27 P61591 00140255 CDWGOVERNMENTINC Tax 7.41 P61591 00140255 COW GOVERNMENT INC Credit Memo CDW RCJ1868 -65.53 Org Key: P01800 Contract Dispatch Police - P61854 00140329 NORCOM Police Dispatch Oper Quarter - 116,148.00 Org Key: P01900 Jail/Home Monitoring - P61781 00140292 ISSAQUAH CITY JAIL Jail Services November 2009, i 4,800.00 P61782 00140294 KING COUNTY FINANCE Jail Services for November 200 902.98 Org Key: P02100 Patrol Division - P61777 00140290 COMPLETE OFFICE OFFICE SUPPLIES NOVEMBER2009 860.13 P61790 00140297 LN CURTIS & SONS Spike Stripe, invoice #2073249 231.05 Date: 01/07/Ia ReportName: CorniciIAP5 Time 15:57:32 Page: 6 City ofMercer Island Fin once Department Accounts Payable Report P0 # Check # Vendor Transaction Descriptioi Check Amoun P61840 00140350 KEYBANK (JOKINEN) Bolt Cutters & Sledge Hammers 218.67 P6 1840 00140350 KEYBANK (JOKINEN) Thumb Drives for Sector Ticket 105.00 P61791 00140355 MERCER ISLAND HARDWARE-POLICE New Plug for Tahoe Extension C 8.56 Org Key: P02200 Marine Patrol - P61798 00140366 SAFE BOATS refhrbish of Patrol 12 14,614.75 P61799 00140316 CSR MARINE INC PalMing ofPatrol #12 13,578.00 P61803 00140343 FISHERIES SUPPLY Repair Supplies for Patrol 11, 119.12 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 86.00 P61791 00140355 MERCER ISLAND HARDWARE-POLICE Supplies for Marine Patrol, in 15.72 P61791 00140355 MERCER ISLAND HARDWARE-POLICE Silicone to repair leak on Pat 5.51 Org Key: P02201 Dive Team- P61719 00140298 UNDERWATER SPORTS INC. Inflator repair 52.56 Org Key: P02400 Special Operations Team (C.!) - P61786 00140293 RBR TACTICAL ARMOR INC Ceramic Ballistic Plates for S 3,281.32 P60947 00140266 TIDEWATER TACTICAL Ballistic Vests for STO Spli - 2,289.95 P61840 00140350 KEYBANK (JOKINEN) Batteries for SOT 98.35 Org Key: P04200 Training (CJ) - 00140377 HYATT, ROBERTS MULTI DIVIDER PERSONNEL FILE 82.09 Org Key: PRIIOO Administration (PR) - P61777 00140290 COMPLETE OFFICE OFFICE SUPPLIES NOVEMBER 2009 533.07 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 160.06 00140307 ALEXANDER, DEBORAH MILEAGE EXPENSE 16.23 00140247 PETTY CASH FUND FINANCE DEPT PErrY CASH REIMBURSEMENT 6.48 00140247 PETtY CASH FUND FINANCE DEPT PETTY CASH REIMBURSEMENT 0.84 Org Key: PRISOO Urban Forest Management - P61598 00140314 BARNETI’ TREE CARE South Mercer Playfields Cotton 2,582.00 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 56.71 Org Key: PR2100 Recreation Programs - 001403 82 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 101.35 00140247 PETtY CASH FUND FINANCE DEPT PETtY CASH REIMBURSEMENT 16.00 Org Key: PR2IOI Youth and Teen Camps - 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 75.00 00140247 PETI’Y CASH FUND FINANCE DEPT PETI’Y CASH REIMBURSEMENT 9.00 Org Key: PR2103 Aquatics Programs - 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 25.54 Org Key: PR2104 Special Events - 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 50.00 Org Key: PR2IOS Sports & Leagues - 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 25.00 Org Key: PR3500 Senior Services - 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 101.89 Org Key: PR4IOO - Community Center Date: 01/07/10 RepoitName: CounciIAPS Time 15:57:32 Page: 7 _r~.__ uI__j tiiy uf JrLe,cer 1_lu,,” r ,,,u,zue nepuri~neni Acconnts Payable Report P0 # Check # Vendor Transaction Descriptioi Check Amoun P61807 00140335 A-I PAINTING painting, Community Center per 6,535.03 P6 1832 00140357 MI UTILITY BILLS Nov and Dec/09 Water Bills 3,050.68 P61720 00140342 FEDEX KINKO’S CCMV Brochures and Business - 438.00 P58111 00140360 NORTHWEST LANDSCAPE SERVICES Landscaping services for CCMV 411.72 P61561 00140315 CORRECTIONAL INDUSTRIES CCMV Shirts 280.27 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 213.45 P61777 00140290 COMPLETE OFFICE OFFICE SUPPLIES NOVEMBER 2009 209.72 P6 1805 00140346 IICON OFFICE SOLUTIONS Use charges for CCMV copier 163.46 P56539 00140270 FIRE PROTECTION INC service call, CCMV, mv #67 174 71.18 P56467 00140257 CRYSTAL AND SIERRA SPRINGS 2009 Water service for CCMV 61.35 P61787 00140295 QWEST PHONE USE DECEMBER 2009 41.88 00140247 PErrY CASH FUND FINANCE DEPT PETTY CASH REIMBURSEMENT 10.92 00140384 RAASCH, JANA MILEAGE EXPENSE 7.16 Org Key: PR5SOO Literary Program - P6 1647 00140256 RHOADES, LANCE Arts Council Classics on Film 402.67 Org Key: PRS700 Special Programs - P6 1777 00140290 COMPLETE OFFICE OFFICE SUPPLIES NOVEMBER 2009 450.13 P61647 00140256 RHOADES, LANCE Arts Council Classics on Film 347.33 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 25.12 Org Key: PR6JOO Park Maintenance - P61806 00140357 MI UTILITY BILLS Nov and Dec/09 Water Bills 2,024.95 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 257.42 P58111 00140360 NORTHWEST LANDSCAPE SERVICES Landscaping services for Thrif 220.10 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC TEE SHIRT (NAVY/2-MED,4-LG,9-X 115.88 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC SILK SCREEN CHARGE (MAINTENAI 74.21 P60117 00140260 TERMINIX PROCESSING CTR Garfield Landing Park pest con 60.23 P56467 00140257 CRYSTAL AND SIERRA SPRINGS 2009 Water service for Parks 43.27 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC SILK SCREEN CHARGE (PARKS & 34.49 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO INC TEE SHIRT (NAVY/I -MED,6-LG,5-X 31.39 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO INC TEE SHIRT (NAVY/1-XXLG) 24.97 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC HOODED SWEATSHIRT (NAVY/i-fl 21.35 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO INC CREW SWEATSHIRT (LIGHT STEEL/I 15.88 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC EMBROIDERY CHARGE (PARKS & 8.71 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC TEE SHIRT (STEEL/I -XXLG) 8.32 Org Key: PR6200 - Athletic Field Maintenance P61806 00140357 MI UTILITY BILLS Nov and Dec/09 Water Bills 417.44 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 113.54 Org Key: P116500 - Luther Burbank Park Maint. P6 1806 00140357 MI UTILITY BILLS Nov and Dec/09 Water Bills 3,497.00 P58110 00140360 NORTHWEST LANDSCAPE SERVICES Landscape services for Luther 2,270.76 P61809 00140370 TEC MECHANICAL SERVICES repair replace union in cond - 1,020.23 P6 1755 00140269 SOREANO’S PLUMBING INC LB, repair upstairs toilet, in 229.95 P61755 00140269 SOREANO’S PLUMBING INC LB, repair upstairs toilet, in 197.10 P6 1787 00140295 QWEST PHONE USE DECEMBER 2009 167.46 P6 1772 00140286 HOME DEPOT CREDIT SERVICE LOUVER VENTS FOR LBP 159.04 P56539 00140270 FIRE PROTECTION INC Caretaker Security Alarm mv - 84.75 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC TEE SHIRT (NAVY/1-MED,6-LG,5-X 86.34 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 77.13 Date: 01/07/10 Report Name: CouncilAPS Time 15:57:32 Page: 8 nL~. _t Af__.__ F~I—---I r-,~ — n —— i_hf UJ 1v.w,ce, .l.~IuIIu F IflUli CC nepunme~n Accounts Payable Report P0 # Check # Vendor Transaction Descriptioi Check Amoun P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO INC SILK SCREEN CHARGE (PARKS & 53.81 P56396 00140258 CINTAS CORPORATION #460 Rug cleaning service for Luthe 39.15 P61753 00140279 KIMMEL ATHLETIC SUPPLY CO INC CREW SWEATSHIRT (LIGHT STEEL/I 15.88 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO INC EMBROIDERY CHARGE (PARKS & 8.70 Org Key: PR6 700 190 Park Maintenance - P58110 00140360 NORTHWEST LANDSCAPE SERVICES Landscape services for 1-90 6,794.48 P56463 00140259 ALJOYA Reimbursement for Landscape Se 753.00 P61806 00140357 MI UTILITY BILLS Nov and Dec/09 Water Bills 730.32 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 78.09 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO INC TEE SHIRT (NAVY/1-MED,6-LG,5-X 78.49 P6 1753 00140279 KIMMEL ATHLETIC SUPPLY CO INC SILK SCREEN CHARGE (PARKS & 49.67 Org Key: P574609 Flex Spending Admin 2009 - 00140399 LOGSDON, SCOTr FLEX SPEND ACCT REIMB 12/31/09 2,149.94 00140393 GARRETt, BRET FLEX SPEND ACCT REIMB 12/31/09 999.96 00140400 MCWATrERS, BRIAN FLEX SPEND ACCT REIMB 12/31/09 813.00 00140390 AUSTIN, RAY FLEX SPEND ACCT REIMB 12/31/09 766.12 00140396 HOLMES, EDWARD 3 FLEX SPEND ACCT REItMB 12/31/09 754.00 00140403 RAASCH, JANA FLEX SPEND ACCT REIMB 12/31/09 750.00 00140402 QUINN, THOMAS FLEX SPEND ACCT REIMB 12/31/09 605.40 00140406 WILSON, TODD R FLEX SPEND ACCT REIMB 12/31/09 499.98 00140398 KNOErr, KENNETH FLEX SPEND ACCT REIMB 12/31/09 468.61 00140401 MOLTZ, ERIC FLEX SPEND ACCT REIMB 12/31/09 235.42 00140397 KENWORTHY, LES FLEX SPEND ACCT REIMB 12/31/09 218.08 00140391 BARNES, HARVEY L FLEX SPEND ACCT REIMB 12/31/09 192.31 00140392 COOK, JASON FLEX SPEND ACCT REIMB 12/31/09 192.31 00140394 GROSCOST, CURTIS E FLEX SPEND ACCT REIMB 12/31/09 192.31 00140404 SAUNDERS, TRAVIS FLEX SPEND ACCT REIMB 12/31/09 192.31 00140405 TUTrLE, LAJUAN FLEX SPEND ACCT REIMB 12/31/09 192.31 Org Key: P574610 Flex Spending Admits - 00140388 CAMPOS, JOSEPHINE FLEX SPEND ACCT REIMB 1/15/10 2,479.00 Org Key: WGIO3R South Fire Station Repairs - P6 1808 00140339 DOOR PROS replace door, mv 2099, Fire 1,008.50 P6 1808 00140339 DOOR PROS repair weather striping around 160.48 Org Key: WGI3SE Emergency Preparedness Projs - P61785 00140299 PREMIER CABLING LLC h~staI1ed I craegory Se cable 136.88 Org Key: WG550R Fuel Clean Up - P58399 00140344 GOLDER ASSOCIATES INC 2009 Groundwater Compliance 4,016.00 Org Key: WG92OT High Accuracy Orthophotos - P61880 00140337 BELLEVUE TREASURER, CITY OF 2009 Ortho Project 6,772.00 Org Key: WPI22R Vegetation Management - P58 133 00140372 TOTAL LANDSCAPE CORP Open Space Vegetation Work 200 19,889.73 P58132 00140372 TOTAL LANDSCAPE CORP Open Space Vegetation Work 200 13,281.26 P57556 00140358 MOUNTAINS TO SOUND Volunteer management services 3,636.50 P58174 00140282 NORTH WEST LANDSCAPE SERVICES Open Space Vegetation Work 200 3,415.31 P60473 00140284 NORTHWEST LANDSCAPE SERVICES Open Space Work 2009-10 Levy- 2,688.23 Date: 01/07/10 Report Name: CcuncilAPS Time 15:57:32 Page: 9 City of Mercer Island Finance Department Accounts Payable Report P0 # Check # Vendor Transaction Descriptioi Check Amoun p57434 00140340 EARTHCORPS INC Volunteer Management Services 1,348.00 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 56.47 Org Key: WP720R Recurring Park Projects - P61598 00140314 BARNBTT TREE CARE South Mercer Playfields Cotton 2,503.76 Org Key: WRIIIR Pavement Markings - P61793 00140312 KC FINANCE signs & markings, mv 1551793 4,515.16 Org Key: WSIIOC Sewer Lake Line Replace-Constr - P57253 00140371 TETRA TECH INC LAKE LINE CONSTRUCTION SERVIC 13,050.70 Org Key: WSI2OC Sewer Lk Line Emer Repair - 00140376 GAVIGLIO, MIKE MILEAGE EXPENSE 85.80 00140386 WALKER JR, RUDY MILEAGE EXPENSE 85.80 00140387 WILLING, ROBERT MILEAGE EXPENSE 50.60 00140374 DRUSCHBA, JOHN F MILEAGE EXPENSE 37.40 00140375 FELDC, JIM MILEAGE EXPENSE 26.40 00140373 BAKER, DENNIS L MILEAGE EXPENSE 22.00 00140376 GAVIGLJO, MIKE EXTENDED WORK EXPENSES 14.78 00140387 WILLING, ROBERT EXTENDED WORK EXPENSES 10.44 Org Key: XGISOT Small Tech/Equipment - P61859 00140353 KEYBANK (MASON) Metro Bistro: J. Mason Furnitu 1,720.00 Org Key: XG7JOG Snow Removal Equipment - P61397 00140359 NELSON TRUCK EQUIPMENT CO INC Meyer ST 7.5 (7ft 6in) Steel 6,389.23 OrgKey: XG72OT NOR COM-RegionalDispatch ~nt - P61854 00140329 NORCOM Police Dispatch Tech Quarter - 1,419.00 P6 1855 00140329 NORCOM Fire Dispatch Tech Quarterly - 421.75 Org Key: XP7JJR Luther Burbank Off Leash Area - P6 1858 00140362 PACIFIC EARTH WORKS INC Luther Burbank Plant Maintenan 605.47 Org Key: XP7I2R Luther Burbank Shoreline Resto - P61858 00140362 PACIFIC EARTH WORKS INC Luther Burbank Plant Maintenan 908.21 Org Key: XP9O5C South Mercer Bailfields Ph 1 - P61598 00140314 BARNE’FI’ TREE CARE South Mercer Playfields Cotton 2,738.49 Org Key: YFIJOO YFS General Services - P61777 00140290 COMPLETE OFFICE OFFICE SUPPLIES NOVEMBER2009 70.69 00140382 NEXTEL WEST CORP CELL PHONE USE 11/27-12/26 56.61 P6 1830 00140327 WORKSHOP CALENDAR, THE Annual clinical subscription 15.00 Org Key: YF1200 Thr(/i Shop - P61810 00140341 EVERGREEN WINDOW CLEANING gutter cleaning, Thrift Shop, 505.89 P61768 00140245 KEYBANK (PHILEN) Grand & Benedicts fixture su - 298.72 P61832 00140357 MI UTILITY BILLS Nov and Dec/09 Water Bills 167.41 00140250 PHILEN, SUZANNE DISPLAY CASE FIXTURE 150.00 P61768 00140245 KEYBANK (PHILEN) SPU -job fair fee 35.00 P61768 00140245 KEYBANK (PHILEN) QFC vol appreciation refresh - 30.87 P61768 00140245 KEYBANK (PHILEN) Amazon unique cord for store - 22.41 Date: 01/07/10 ReportName: CouncilAPS Time 15:57:32 Page: 10 City ofMercer Island Finance Department Accounts Payable Report P0 # Check # Vendor Transaction Descriptioi Check Amonn P61768 00140245 KEYBANK (PIIILEN) QFC customer recruitment eve - 17.14 Org Key: YF2IOO School/City Partnership - P61829 00140369 STERLING REFERENCE LAB Drug test fees 75.16 Org Key: YF2600 Family Assistance - P6 1767 00140246 KEYBANK (MANRJQUEZ) Albertsons food cards for EA - 250.00 Org Key: YF2800 Fed Drug Free Communities Gran - P61777 00140290 COMPLETE OFFICE OFFICE SUPPLJES NOVEMBER2009 93.71 Total 1,255.573.15 Date: 01/07/10 Report Name: CounciIAPS Time 15:57:32 PagC 11 CITY OF MERCER ISLAND PAYROLL SUMMARY 4 PAYROLL PERIOD ENDING 12/31/2009 PAYROLL DATED 1/612010 Net Cash o.oo Net Voids/Manuals 3,363.53 Federal Tax Deposit Key Bank - 574.11 Social Security and Medicare Taxes 150.07 Medicare Taxes Only (Fire Fighter Employees) 0.00 Public Employees Retirement System 1 (PERS 1) 0.00 Public Employees Retirement System 2 (PERS 2) 54.35 Public Employees Retirement System 3 (PERS 3) 0.00 Public Employees Retirement System 2 (PERSJBM) 0.00 Public Safety Employees Retirement System (PSERS) 0.00 Law Enforc. & Fire Fighters System 1 (LEOFF 1) 0.00 Law Enforc. & Fire fighters System 2 (LEOFF 2) 0.00 Regence Medical Insurance - 0.00 Domestic Partner/Overage Dependant Insurance - 0.00 Group Health Medical Insurance - 0.00 Health Care Flexible Spending Accounts - 0.00 Dependent Care Flexible Spending Accounts - 0.00 Puget Sound Credit Union 0.00 United Way 0.00 ICMA Deferred Compensation 0.00 ROTH IRA 0.00 Child Support/Garnishment Payments 0.00 Ml Employees’ Association 0.00 Cities & Towns/AFSCME Union Dues 0.00 Police Union Dues 0.00 Fire Union Dues 0.00 Jewish Community Center Dues 0.00 AWC Voluntary Life Insurance - 0.00 Federal Reserve Bank of MN US Savings Bonds - 0.00 Unum Long Term Care Insurance - 0.00 AFLAC Supplemental Insurance Plans - 0.00 GET Guarantee Education Tuition of WA - 0.00 Coffee Fund 0.00 Miscellaneous 0.00 jTOTAL GROSS PAYROLL 4,142.06 AB 4500 BUSINESS OF THE CITY COUNCIL January 19, 2010 CITY OF MERCER ISLAND, WA Regular Business INTERLOCAL AGREEMENT WITH CITY OF Proposed Council Action: BELLEVUE RELATING TO MARINE PATROL Authorize the City Manager to sign the Interlocal AND OTHER SERVICES Agreement DEPARTMENT OF Police (Ed Holmes) COUNCIL LIAISON Steve Litzow Mike Grady Mike Cero EXHIBITS 1. Interlocal Agreement with City of Bellevue APPROVED BY CITY MANAGER AMOUNT OF EXPENDITURE $ n/a AMOUNT BUDGETED $ n/a APPROPRIATION REQUIRED $ n/a SUMMARY OVERVIEW Mercer Island began its Marine Patrol unit in 1983, having formerly been serviced by King County. Since that time, the Marine Patrol unit has expanded to serve four other contract cities to include Renton, Medina, Hunts Point and Yarrow Point. Under this contracting model, the total cost of the program is tallied at the end of each year, and from this amount the boat tax we receive from Mercer Island and our contract cities is deducted. The remaining amount is then divided with Mercer Island paying 55% of the costs and the contract cities paying the remaining 45% (Yarrow Point pays a flat fee). PROPOSAL Earlier this year, the Police Chiefs from Mercer Island and Bellevue began discussing ways to leverage the services of their agencies while not increasing costs. Bellevue was interested in receiving services from Mercer Island’s Marine Patrol and Dive Team on Lake Washington. Mercer Island was interested in receiving services from Bellevue’s SWAT team, specialized forensics, K-9, major investigations and the use of their firing range. Bellevue currently has a contract with King County for Marine Patrol for services on Lake Washington. Bellevue would like to cancel this contract with King County, and subsequently secure Marine Patrol services from Mercer Island for their Lake Washington waters. Mercer Island does not have any contracts for the specialized services identified above; therefore whenever Mercer Island has needed any of these specialized services we have had to call for assistance from other agencies via mutual aid. This proposed agreement with Bellevue would formalize an arrangement whereby Mercer Island would no longer be in a position of calling in favors from other agencies for these specialized services. Mercer Island would receive specialized services from Bellevue in exchange for Mercer Island providing Bellevue with Marine Patrol and Dive Team services. Page 1 COST IMPLICATIONS No short term or long term cost increases for Mercer Island are anticipated under this agreement. Mercer Island patrol boats are frequently in Bellevue’s Lake Washington waters as part of regular patrolling routines. Any changes to how Mercer Island’s Marine Patrol would operate would be negligible under this agreement. On the rare occasion when there has been a significant event in Bellevue’s Lake Washington waters, the Mercer Island Marine Patrol and Dive Team have responded to the scene under the mutual aid agreement (Bellevue has not been charged for this service). Under this agreement Mercer Island’s Marine Patrol program would also receive a percentage of boat tax from Bellevue (totaling approximately $28,000), which would serve to reduce the overall cost of the program. In addition, Mercer Island would also avoid the ongoing cost of renting a firing range for our low-light practice sessions. RECOGNITION OF FIRE DEPARTMENT RESPONSES Under the King County Fire Resource Plan, which provides mutual aid assistance for any fire agency within King County, the Bellevue Fire Department sends their units to Mercer Island more often that Mercer Island sends units to Bellevue. By formalizing this agreement with Bellevue, any inequities experienced under the King County Fire Resource Plan, would be recognized and off-set, thus helping to balance this response equation. SUMMARY This proposed agreement is favorable for Mercer Island, Bellevue, and the cities that contract with Mercer Island for Marine Patrol services. Mercer Island will secure specialized services from Bellevue, and will avoid the cost of renting an indoor firing range for low-light practice sessions. Mercer Island will also receive formal recognition from Bellevue’s Fire Department relating to balancing the number of mutual aid responses between Bellevue and Mercer Island. Bellevue will receive Marine Patrol and Dive Team services on Lake Washington and will no longer have to pay a fee to King County for this service. The other cities that contract with Mercer Island for Marine Patrol services support this proposed agreement, as they will not realize a reduction in service, but will benefit from a reduction in their fees due to the new boat tax revenue from Bellevue. RECOMMENDATION Chief of Police MOVE TO: Authorize the City Manager to sign the Interlocal Agreement between the City of Mercer Island and the City of Bellevue relating to Marine Patrol and other services. Page 2 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLEVUE AND THE CITY OF MERCER ISLAND RELATING TO MARINE PATROL AND OTHER SERVICES This is an Interlocal Agreement (Agreement) between the City of Bellevue (Bellevue) and the City of Mercer Island (Mercer Island) for exchange of governmental services. The Agreement shall be upon the last date of signing below. WHEREAS Bellevue has a geographical boundary either boarding on or encompassing navigable waters in King County and, thus has the authority to police these waters; and WHEREAS, Mercer Island has established and maintains a marine patrol service on Lake Washington which can also serve the waters under the authority of Bellevue; WHEREAS, Bellevue has established specialized police services such as K-9, forensics, firing range and major investigations of which services Mercer Island has need from time to time. NOW Therefore, Bellevue and Mercer Island hereby agree: 1. Mercer Island Obligations: 1.1 Through its Marine Patrol Unit, Mercer Island will provide routine patrol of waters on Lake Washington under the authority of Bellevue as described under Section 1.3 for the purposes of enforcing applicable laws and ordinances, promoting boating safety, and preventing law or safety violations, including responding to emergency complaints in accordance with standard emergency dispatch protocol. 1.2 Marine patrol services will be provided year-round. 1.3 Mercer Island shall provide routine patrol services in water areas under the jurisdiction of Bellevue on Lake Washington rendering service of the same level, degree and type as rendered for Mercer Island in its jurisdiction, provided that marine patrol services shall be subject to interruption for boat repair and maintenance. The shifts shall emphasize afternoon and early evening hours of the boating season. 1.4 At the specific request of Bellevue, provide patrol services and/or respond to emergencies at times other than those of the daily boating season shift and outside the boating season. 1.5 Provide Bellevue with a report of the marine patrol services rendered within Bellevue’s waters, including number of calls for service (dispatched and on-view), number and type of citations and warnings issued, and safety checks made. 2. Bellevue Obligations: 2.1 Bellevue confers municipal police authority on Mercer Island officers engaged pursuant to this Agreement in enforcing State and Bellevue ordinances within Bellevue’s waters for the purposes of carrying out this Agreement. 2.2 At times where its workload priorities permit and in consideration for the marine patrol services provided by Mercer Island, Bellevue shall make available to Mercer Island upon request and with adequate notice specialized Bellevue police services consisting of K-9, forensics, firing range, major investigations, SWAT, and such other services as Bellevue may in the future permit. 2.3 Whenever Bellevue shall request the placement of buoys within the waters under its jurisdiction, Mercer Island will provide notice to Bellevue of the full cost of said AB 4500 Exhibit 1 Page 3 purchase and installation. If Bellevue concurs in writing for Mercer Island to perform the work, Mercer Island will purchase and install the buoys and Bellevue will reimburse Mercer Island for the costs of the buoys as provided in writing. Mercer Island will maintain, repair and replace such buoys as needed and Bellevue will reimburse Mercer Island for the costs associated with the replacement as provided in writing. 2.4 Under the King County Fire Resource Plan, which provides mutual aid assistance for any fire agency within King County, the Bellevue Fire Department sends their units to Mercer Island more often that Mercer Island sends units to Bellevue. By formalizing this agreement with Bellevue, any inequities experienced under the King County Fire Resource Plan, would be recognized/off-set, thus helping to balance this response equation. 3. Supervision and Personnel: In the providing of services as set forth above, each agency is acting as an independent contractor so that: 3.1 Control of Personnel: Control of personnel, standards of performance, discipline and all other aspects of performance shall be governed entirely by the agency providing the service through its employees. 3.2 Status of Employees. All persons rendering services under this Agreement shall be for all purposes, employees of their respective agencies. 3.3 Liabilities. All liabilities to employees of each agency for wages and benefits or sickness arising from performance of the law enforcement services for the other agency shall remain the liability of the employing agency. 4. Compensation: 4.1 The parties intend that the scope of services each is providing to the other will be of approximately equal value as viewed from the totality of the relationship between the parties and on that basis neither party shall be entitled to compensation from the other party for the performance of services provided under this agreement. 4.2 Boat tax revenue for all City of Bellevue shoreline along Lake Washington will accrue to the City of Mercer Island. 5. Indemnification: 5.1 Mercer Island shall protect, defend, indemnify and save harmless Bellevue, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of Mercer Island. Mercer Island agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, Mercer Island, by mutual negotiation, hereby waives, as respects Bellevue only, any immunity that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the event Bellevue obtains any judgment or award, and/or incurs any cost arising there from including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from Mercer Island. 5.2 Bellevue shall protect, defend, indemnify and save harmless Mercer Island, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of Bellevue. Bellevue agrees that its obligations under this subparagraph AB 4500 Exhibit 1 Page 4 extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, Bellevue, by mutual negotiation, hereby waives, as respects Mercer Island only, any immunity that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the event Mercer Island obtains any judgment or award, and/or incurs any cost arising there from including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from Bellevue. 6. Insurance; Risk of Loss: 6.1 Each party shall maintain insurance that is sufficient to protect itself against all applicable risks associated with this Agreement, including coverage necessary to address liability associated with U.S. Long shore and Harbour Workers Act and Jones Act coverage, as amended. Each party will be liable for all loss or damage, other than ordinary wear and tear, for the property in the other’s possession or control that is caused by the party’s negligence. In the event of any such loss or damage, the damaging party will pay the other the full current replacement cost of such equipment or property within thirty (30) days after its loss or damage 7. Duration: 7.1 This agreement is effective upon authorization and signature by both parties. The contract period shall be four years from the Agreement’s effective date. 8. Termination: 8.1 Either party may initiate a process to terminate this Agreement as follows: 8.2 The party desiring to terminate the agreement shall provide 90 days written notice to the other party. 9. General provisions: 9.1 Governing Law; Forum. The Agreement will be governed by the laws of Washington and its choice of law rules. Each party irrevocably consents to the exclusive personal jurisdiction and venue of the federal and state courts located in King County, Washington, with respect to any dispute arising out of or in connection with the Agreement, and agrees not to commence or prosecute any action or proceeding arising out of or in connection with the Agreement other than in the aforementioned courts. 9.2 Severability. If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provision will continue in full force without being impaired or invalidated in any way. Bellevue and Mercer Island agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. 9.3 Nonwaiver. Any failure by either party to enforce strict performance of any provision of the Agreement will not constitute a waiver that party’s right to subsequently enforce such provision or any other provision of the Agreement. 9.4 No Assignment. Neither the Agreement nor any of the rights or obligations of the any party arising under the Agreement may be assigned, without the other party’s prior written consent. Subject to the foregoing, the Agreement will be binding upon, AB 4500 Exhibit 1 Page 5 enforceable by, and inure to the benefit of, the parties and their successors and assigns. 9.5 Notices. All notices and other communications under the Agreement must be in writing, and must be given by registered or certified mail, postage prepaid, or delivered by hand to the party to whom the communication is to be given, at its address set forth in this agreement. 9.6 Legal Fees. In any lawsuit between the parties with respect to the matters covered by the Agreement, the prevailing party will be entitled to receive its reasonable attorney's fees and costs incurred in the lawsuit, in addition to any other relief it may be awarded. 9.7 Counterparts. The Agreement may be signed in counterparts, each of which shall be deemed an original, and all of which, taken together, shall be deemed one and the same document. 9.8 Contract Modification. This Contract, together with the attachments and/or addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties hereto. CITY OF BELLEVUE CITY OF MERCER ISLAND _______________________________ __________________________________ Steven Sarkozy Richard M. Conrad City Manager City Manager Dated: __________________________ Dated: __________________________ APPROVED AS TO FORM: APPROVED AS TO FORM: _________________________________ ________________________________ Lori Riordan Katie Knight City Attorney City Attorney AB 4500 Exhibit 1 Page 6 AB 4492 BUSINESS OF THE CITY COUNCIL January 19, 2010 CITY OF MERCER ISLAND, WA Regular Business TEMPORARY ENCAMPMENT ORDINANCE (1ST Proposed Council Action: READING) Hold an Open Record Public Hearing/Public Meeting and conduct 1st reading of Ordinance No. 10C-01. DEPARTMENT OF City Manager (James Mason) COUNCIL LIAISON El Jahncke EXHIBITS 1. Proposed Ordinance No. 10C-01 as recommended by the Planning Commission 2. Written comments submitted during SEPA comment period 3. Summary of community meeting comments 4. Memo from City Attorney to Planning Commission re: Overview of 2008 Tent City Experience 5. Memo from City Attorney to Planning Commission re: Overview for Discussion of Temporary Encampments Regulations 6. Comparison matrix of other jursdictions 7. Proximity map APPROVED BY CITY MANAGER AMOUNT OF EXPENDITURE $ n/a AMOUNT BUDGETED $ n/a APPROPRIATION REQUIRED $ n/a SUMMARY HISTORY The Mercer Island United Methodist Church (“Church”) invited Tent City 4 to establish a temporary encampment on the Church’s property for three months beginning August 5, 2008. The encampment stayed on the Island for approximately 90 days. Tent City 4 is a temporary homeless encampment managed by SHARE/WHEEL, a non-profit homeless advocacy organization. The Church’s pastor, congregational leaders, and SHARE/WHEEL signed a Temporary Use Agreement with the City, which Agreement was approved at the City Council meeting on June 16, 2008. The Temporary Use Agreement addressed the health, safety and welfare concerns arising from the temporary encampment’s stay at the Church. Mindful of the extensive litigation surrounding temporary encampments and religious institutions’ ministry to the homeless, the City determined that it was unlikely to prevail in court on forbidding such an encampment if the Church invited Tent City 4. The City also determined that it was likely to obtain more favorable conditions to the City if it entered into a voluntary agreement with SHARE/WHEEL and the Church. The parties agreed that the City (Fire, Police and DSG) and King County Health Department could regularly Page 1 inspect the encampment. The Church and SHARE/WHEEL agreed to a hold harmless and indemnification provision. Many other elements of the Temporary Use Agreement were incorporated into the proposed ordinance, attached as Exhibit 1. At the June 20, 2009 Council Mini-Planning Session, the City Council directed staff to meet with citizens to discuss the Tent City 4 experience, and to prepare a draft Temporary Encampment ordinance for Council’s consideration. Staff returned to the Council with a proposed sequence of events designed to ultimately provide the Council with an ordinance ready for adoption by February 1, 2010. After Council’s approval of the timeline, City staff met with First Hill neighbors and the community at large. As part of the SEPA process, comments were obtained at those meetings. Both oral and written comments from citizens were ultimately provided to the Planning Commission for consideration. The public comments are attached as Exhibits 2 and 3. Staff also conducted extensive research into the legal parameters regarding the regulation of temporary encampments, including review of recent case law regarding Tent City 4. Recently, the Washington State Supreme Court decided in a unanimous decision that numerous cases before it have already determined that the state constitution “absolutely protects the free exercise of religion, [and] extends broader protection than the first amendment to the federal constitution…” City of Woodinville v. Northshore United Church of Christ, WA Supreme Court slip opinion, July 16, 2009. Relying on the Washington State Constitution, the Court held that cities may not impose a temporary moratorium on churches hosting homeless encampments. The court concluded that the religious organizations have more protection under Washington’s constitution and, therefore, did not address whether there was also a violation of federal statutes or the federal constitution. Cities may regulate concerns for safety, noise, and crime but may not outright deny consideration of permitting a church to host a homeless encampment. A more extensive legal analysis is provided in Exhibit 4. This analysis was provided to the Planning Commission along with the various City departments’ experiences with Tent City 4 during its stay on the Island. PROCESS City staff held a public meeting on August 25, 2009 at the Mercer Island United Methodist Church to receive input from the greater First Hill Neighborhood. Much of the information derived from that meeting was useful in designing a draft Temporary Encampment Ordinance. On October 22, 2009, staff held a community-wide open house at the Community Center at Mercer View to provide a forum for additional public input and to provide an overview of the draft Temporary Encampment Ordinance. The major areas of discussion regarded the legal structure of the ordinance, communication issues such as public noticing of immediate neighbors and the community as well as opportunities for public involvement, regulatory issues surrounding the location of future temporary encampments and any benefits or concerns of proposed sites, public safety issues and compliance with regulations and codes. Guided by the comments from the public, the ordinance was refined and presented to the Planning Commission. The Planning Commission was given a briefing on October 7, 2009. The briefing included discussion of the key provisions of the ordinance, as well as why potential regulatory conditions were not specifically included as mandatory permitting elements. See Exhibit 5. Some of those potential regulatory conditions were deemed more appropriate for site-specific issues that could be addressed in the temporary encampment permit on a case by case basis by the code official. Others are addressed through other code requirements. Some are likely to be considered unconstitutional. In addition to the public discussion regarding the ordinance, the Planning Commission was provided information drawn from the City’s experience with the Tent City 4 visit. See Exhibit 4. DSG, Police and Fire discussed the Departments’ experiences with the encampment. A discussion of the communication experience regarding Tent City 4 was also addressed. The Planning Commission asked that the staff return with a staff recommended ordinance once the community wide meeting was held and the oral and written comments were reviewed. Ultimately, a public hearing was held before the Planning Commission on Page 2 November 18, 2009. The Planning Commission decided on the recommended ordinance being presented to City Council. RECOMMENDED ORDINANCE HIGHLIGHTS In reviewing temporary encampment regulations of other eastside municipalities, some choose to address the health, safety and welfare issues within the ordinance itself. Others address such regulations via temporary use permits. The current proposed ordinance allows some flexibility for the Code Official to adopt additional requirements in the permit itself based on the location and site conditions of the temporary encampment. A matrix is attached as Exhibit 6 comparing the proposed ordinance to other cities’ ordinances (as opposed to temporary permits, with the exception if Issaquah). Many of the provisions in the Temporary Use Agreement for Tent City 4 were used in the drafting of the staff recommended ordinance ultimately presented to the Planning Commission. The key points of the Planning Commission recommended ordinance are: a. A pre-application meeting and an informal public meeting are required for any temporary encampment. An application must be submitted at least 90 days prior to opening a temporary encampment. b. Notice of the application would be required to be mailed to all residents within 600 feet of the proposed site. Typically, a 300 foot notice is required. A public notice sign would also be posted on site. c. The location and visual screening must provide “privacy and a visual buffer” for temporary encampment residents and neighbors. The ordinance provides guidance regarding the materials and height of the fence that was not as clearly defined in the Temporary Use Agreement for Tent City 4. d. No more than 100 people could stay at the encampment. e. No children under the age of 18 will reside in the encampment. f. A stringent code of conduct would be enforced. The temporary encampment sponsor and managing organization would be required to comply with all applicable City and State codes. g. All camp residents must provide government issued identification. Warrant and sex offender status of all prospective residents must be checked within the seven days prior to moving to Mercer Island. Any positive results must be reported to the Police Department. h. No sex offenders would be allowed to stay at the encampment. i. Random warrant and sex offender checks by the Police Department could be conducted to ensure compliance. j. The temporary encampment sponsor must provide a hold harmless and indemnification provision. k. The temporary encampment must allow regular inspections by the City (Fire, Police and DSG) and the King County Health Department. l. No temporary encampment would be permitted to return within one-half mile of a previous temporary encampment until 18 months after that previous encampment leaves the City. The Temporary Use Agreement prohibited more than one Temporary Encampment on Mercer Island each calendar year. m. Any violation of city code as a condition of a permit must be cured within seven days of mailing a notice of violation. The Temporary Use agreement required a cure within 14 days of notice. Exhibit 7 details the proximity of Mercer Island places of worship to bus stops, schools and child care services. Again, the Code official may require additional site specific conditions in the permit which are not currently identified in the proposed ordinance. This is intended to allow flexibility given the variety of sites which may be presented for locating temporary encampments in the future. At this point, the City Council is to hold an Open Record Public Hearing to review the Planning Commission’s recommended ordinance and to consider any additional comments or information. The Council will conduct the first reading of Ordinance No. 10C-01 and provide staff with additional direction, if desired. The second reading of the ordinance is scheduled for February 1, 2010. Page 3 RECOMMENDATION Deputy City Manager MOVE TO: Hold an Open Record Public Hearing/Public Meeting, conduct the first reading of Ordinance No. 10C-01 regarding temporary encampments as recommended by the Planning Commission, and set the ordinance for a second reading on February 1, 2010. Page 4 CITY OF MERCER ISLAND ORDINANCE NO. 10C-01 AN ORDINANCE OF THE CITY OF MERCER ISLAND, WASHINGTON, AMENDING MICC 19.06.010(A), 19.09.010, 19.15.010(E) AND 19.16.010, AND ADDING NEW SECTION MICC 19.06.090 IN ORDER TO PROVIDE DEFINITIONS, REQUIREMENTS, AND PROCEDURES FOR PERMITTING TEMPORARY ENCAMPMENTS WITHIN THE CITY WHEREAS, both the First Amendment to the United States Constitution and Article 1 Section 11 of the Washington State Constitution protect the free exercise of religion; further, the Religious Land Use and Institutionalized Persons Act of 2000 prohibits governments from imposing a land use regulation that unreasonably limits religious assemblies, institutions or structures. Court decisions hold that a church sponsoring a Temporary Homeless Encampment on its own property constitutes protected religious expression; and WHEREAS, the Washington Supreme Court has determined that municipalities may not infringe upon religious institutions’ ability to practice their religion by hosting temporary encampments, and limiting municipalities’ ability to legislate regarding such temporary encampments to health, safety and welfare issues; and WHEREAS, the City of Mercer Island, it’s elected and appointed officials, are committed to protecting the health, safety and well-being of its citizens, as mandated by the State Constitution; and WHEREAS, in keeping with the duties and responsibilities of municipal government, temporary encampments and the hosting facility are also protected by all public safety, health and welfare regulations routinely provided to Mercer Island citizens and visitors; and WHEREAS, Tent City 4 came to the City of Mercer Island in 2008 and the City developed its own experience with regard to the temporary encampment; and WHEREAS, City staff prepared draft changes to the City code to address safety, health and welfare issues related to temporary encampments, and on October 22, 2009, a community meeting was held to introduce the proposed code changes to the public; and WHEREAS, the Mercer Island Planning Commission was briefed on the temporary encampment issues and began its review of the proposed code changes on October 7, 2009, and the Planning Commission held a public hearing on the proposed changes on November 18, 2009; and WHEREAS, on December 2, 2009, the Mercer Island Planning Commission made its final recommendations on proposed temporary encampment regulations; and WHEREAS, the Mercer Island City Council considered the Planning Commission’s recommendations on January 4, 2010, held an open record public hearing on January 18, 2010, AB 4492 Exhibit 1 Page 5 held a second reading on February 1, 2010, and has determined to adopt the code changes set forth in this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendments to Chapter 19.16 MICC, Definitions. MICC 19.16.010 “Definitions” is hereby amended by adding the following: T … Temporary Encampment: A group of persons temporarily residing in one or more temporary structures, except for recreational purposes. Temporary Encampment Sponsor: A place of worship which owns the property or has an ownership interest in the property, for which a Temporary encampment is to be located, and that has an agreement with the temporary encampment managing organization to provide basic services and support for the residents of a temporary encampment and liaison with the surrounding community and joins with the managing organization in an application for a temporary encampment permit. A “sponsor” may be the same entity as the managing organization. Temporary Encampment Managing Organization: A group or organization that has the capacity to organize and manage a temporary encampment. A temporary encampment “managing organization” may be the same entity as the temporary encampment sponsor. … Section 2. Chapter 19.06 MICC General Regulations. MICC 19.06.090 “Temporary Encampment Permit” is hereby added as follows: 19.06.090 Temporary Encampment Permit A. General Conditions. Temporary encampments are allowed only pursuant to a permit issued in accordance with the following conditions: 1. Each lot occupied by a temporary encampment must provide or have available parking and vehicular maneuvering area. 2. The temporary encampment and the parking of any vehicles associated with a temporary encampment application shall not displace the host site’s parking lot in such a way that the host site no longer meets the minimum or required parking of the principle use as required by code or previous approvals unless an alternative parking plan has been approved by the Code Official. 3. The temporary encampment shall be located within one-half mile of a public transit stop. 4. No temporary encampment shall occupy or use public parks in any manner unless specifically approved by the Parks Department. 5. No temporary encampment shall operate within the City of Mercer Island for more than 90 consecutive days. AB 4492 Exhibit 1 Page 6 6. The City shall not grant a permit for a temporary encampment that is proposed to commence on a lot or lots within one-half mile of any lot(s) that contained a temporary encampment within the last 18 months. For the purposes of this subsection, the 18 months shall be calculated from the last day of the prior temporary encampment within the one-half mile radius. No more than one temporary encampment may be located in the City at any time. 7. All temporary encampments shall obtain, prior to occupancy of the lots, all applicable City of Mercer Island permits, licenses and other approvals (i.e. business license, building permit, administrative approvals, etc.). 8. Each site occupied by a temporary encampment shall be left free of debris, litter, or other evidence of the temporary encampment upon completion of removal of the use. 9. The applicant shall submit a complete application for a temporary encampment permit at least 90 days before the planned opening or any occupancy of the temporary encampment. 10. The encampment shall be limited to a maximum of 100 persons, if all other conditions are met. After the encampment reaches its 100 person capacity, any individual(s) who arrive after sundown (and meet all screening criteria) will be allowed to stay for one night, after which the individual(s) will not be permitted entry until a vacancy is available. Such occurrences shall be logged and reported to the code official on a weekly basis. 11. Because of their temporary nature, temporary structures within temporary encampments shall not be required to meet the Design Review criteria of MICC 19.11 or 19.12. Any permanent structures, as determined by the Code Official, shall meet all applicable Design Review criteria, and receive any necessary Design Review permits. All temporary structures for temporary encampments shall comply with the following design criteria: a. Temporary encampment structures shall be located a minimum of 20 feet from any property line that abuts a residential property, unless otherwise approved by the Code Official. All other setbacks and yards applicable to permanent structures shall apply to temporary structures related to temporary encampments. b. A six-foot high sight obscuring fence, vegetative screen or other visual buffering shall be provided between the temporary encampment and any abutting residential property and the right-of-way. The fence shall provide a privacy and a visual buffering among neighboring properties in a manner and material approved by the Code Official. The fence(s) shall not be constructed of tarp, visqueen, or plastic sheeting. The Code Official shall consider existing vegetation, fencing, topographic variations and other site conditions in determining compliance with this requirement. c. Exterior lighting must be directed downward, away from adjoining properties, and contained within the temporary encampment. 12. No children under the age of 18 are allowed to stay overnight in a temporary encampment. If a child under the age of 18 attempts to stay overnight at the temporary encampment, the encampment managers shall immediately contact the temporary encampment managing organization and Washington State Department of Social and Health Services Child Protective Services, or its successor. 13. The temporary encampment shall comply with all applicable standards of the Seattle- King County Health Department, or its successor. AB 4492 Exhibit 1 Page 7 14. The temporary encampment shall comply with all Washington State and City codes concerning, but not limited to, drinking water connections, human waste, solid waste disposal, electrical systems, cooking and food handling and fire resistant materials. Servicing of portable toilets and trash dumpsters is prohibited between the hours of 10:00 pm and 7:00 am on Mondays through Fridays, excluding legal holidays, and between the hours of 10:00 pm and 9:00 am on Saturdays, Sundays, and legal holidays, except in the case of bona fide emergency or under permit from the Code Official in case of demonstrated necessity. 15. The temporary encampment shall permit regular inspections by the City and King County Health Department to check compliance with the standards for temporary encampments. The Mercer Island Fire Department shall do an initial fire inspection and safety meeting at the inception of the temporary encampment. 16. All temporary encampments shall have services, such as food, water, and waste disposal, provided by a temporary encampment sponsor and supervised by a temporary encampment managing organization. Temporary encampment sponsor, shall sign a hold harmless agreement for the temporary encampment. 17. The temporary encampment managing organization shall maintain a resident log for all who are residing at the encampment. Such log shall be kept onsite at the encampment. Prospective encampment residents shall provide a government issued form of identification when signing the log. 18. The temporary encampment host, encampment sponsor, and encampment managing organization shall ensure enforcement of a Code of Conduct at the temporary encampment site. The Code of Conduct shall be in substantially the following form or address the following issues: a. Possession or use of illegal drugs is not permitted. b. No alcohol is permitted. c. No weapons are permitted. d. All knives over three and one-half inches must be turned in to the encampment manager for safekeeping. e. No violence is permitted. f. No open flames are permitted. g. No trespassing into private property in the surrounding neighborhood is permitted. h. No littering on the Temporary Encampment site or in the surrounding neighborhood is permitted. Nothing within this section shall prohibit the encampment sponsor or encampment managing organization from imposing and enforcing additional Code of Conduct conditions not otherwise inconsistent with this section. 19. The applicant shall obtain warrant and sex offender checks from the King County Sheriff’s office or other relevant authority for all current camp residents within the seven days prior to moving to Mercer Island, as well as from all new residents checking into the temporary encampment. If said check reveals the subject is a sex offender or has an active warrant, the applicant shall immediately contact the City of Mercer Island Police Department. To verify compliance with this requirement, the City of Mercer Island Police Department may do random warrant and sex offender checks on temporary encampment residents. AB 4492 Exhibit 1 Page 8 20. Upon determination that there has been a violation of any decision criteria or condition of approval, the code official may give written notice to the permit holder describing the alleged violation. Within 7 days of the mailing of notice of violation, the permit holder shall show cause why the permit should not be revoked. At the end of the 7 day period, the code official shall sustain or revoke the permit. When a Temporary Encampment Permit is revoked, the code official shall notify the permit holder by certified mail of the revocation and the findings upon which revocation is based. Appeals of decisions to revoke a Temporary Encampment Permit will be processed pursuant to RCW 36.70C. The availability of this procedure shall be in addition to the procedures set out in MICC 19.15.030. 21. The code official may require any other condition as necessary to mitigate impacts from temporary encampments. B. Permit Application. The applicant for a temporary encampment shall submit all of the following, unless waived by the Code Official: 1. General application form; 2. A site plan, which extends 50 feet beyond the proposed site’s property boundaries, drawn to scale showing all of the following: a. all existing structures; b. existing parking stalls; c. parking stalls proposed to be unavailable for parking vehicles during the Temporary Encampment; d. all proposed temporary structures; e. proposed electrical and plumbing connections; f. location of trash receptacles, including trash dumpsters; g. location of toilets and other sanitary facilities; h. location and details of any proposed connection to wastewater, potable water, stormwater, electrical supply, or other public or private utility systems; i. proposed and existing ingress and egress; and j. any permanent alterations on the lot, to the site, or structures; 3. Proposed fencing detail or typical section; 4. Written authorization from a temporary encampment organization on which the temporary encampment is located; 5. A hold harmless agreement, on a form approved by the City Attorney, with a signature of the , temporary encampment sponsor; 6. A copy of any agreements with other parties regarding use of parking, either on-site or off-site; 7. A copy of any agreement between the temporary encampment sponsor, temporary encampment managing organization, and any schools and/or child care services; 8. A copy of the Code of Conduct; 9. Any other information deemed necessary by the Code Official for the processing of a temporary encampment permit; and 10. All applicable application filing fees in an amount established by city ordinance or resolution. AB 4492 Exhibit 1 Page 9 C. Application Process. A Temporary Encampment Permit is an Administrative Action. In addition to the requirements for the processing of Administrative Actions specified in MICC 19.15, the following additional procedures shall apply: 1. Informal Public Meeting Required. The code official shall require an applicant to conduct an informal public meeting to inform citizens about a proposed temporary encampment. When required, the informal public meetings shall be held as early in the review process as possible once a complete application has been submitted. Notice of the public meeting shall be provided in the same manner as required for notice of the application, at least 10 days prior to the informal public meeting, and combined with the notice of application whenever possible. Prior to the public meeting, the temporary encampment sponsor and managing organization shall meet and confer with the Mercer Island Police Department regarding the proposed security measures. At the public meeting, a representative of the temporary encampment sponsor and managing organization shall present in writing and describe the proposed temporary encampment management security measures, and any input or comment received on the plan, including any comment or input from the Mercer Island Police Department, or comment or input from schools and/or child care services under subsection 2 of this section. Copies of the agenda, and other materials shall be provided by the applicant at the meeting. The meeting shall be conducted on the subject property whenever feasible. 2. Additional Mailed Notice. The requirements for mailing the notice of application set forth in MICC 19.15 shall be expanded to include owners of real property within 600 feet of the lot(s) containing the proposed temporary encampment. Prior to any application for a temporary encampment permit, the temporary encampment sponsor, or temporary encampment managing organization shall meet and confer with the administration of any public or private elementary, middle, junior high or high school within 600 feet of the boundaries of the lot(s) proposed to contain the temporary encampment, and shall meet and confer with the operators of any properly licensed child care service within 600 feet of the boundaries of the lot(s) proposed to contain the temporary encampment. The temporary encampment sponsor and the school administration and/or child care service operator shall make a good faith effort to agree upon any additional conditions that may be appropriate or necessary to address school and/or child care concerns regarding the location of a temporary encampment within 600 feet of such a facility. Any such conditions agreed upon between the parties shall be submitted to the code official for consideration, for inclusion within the temporary encampment permit. In the event the parties fail to agree on any conditions, either party may provide the code official with a written summary of the parties’ discussions, which the code official may consider in evaluating whether the criteria for the temporary encampment permit are met, or the need for additional conditions upon the temporary encampment permit, based on the applicable decision criteria. D. Emergencies. The code official may waive these requirements when a catastrophic event necessitates the immediate establishment of a temporary encampment. Section 3. Amendments to Chapter 19.06 MICC, General Regulations. MICC 19.06.010(A) “Prohibited Uses” is hereby amended as follows: AB 4492 Exhibit 1 Page 10 19.06.010 Prohibited uses. The following uses are prohibited in all zones except as specifically allowed below. A. Portable toilets except for temporary encampments, emergency or construction use. B. Electric fences or any device designed to give an electric shock to any person coming in contact therewith. C. Houseboats and watercraft used for habitation or commercial purposes. D. Excavation and removal from the lot, as distinguished from grading on the lot, of black soil, peat, sand, gravel or other natural deposits. E. The use of any vehicle or trailer as a dwelling. F. Any signs, except as permitted by this code, or other city or state regulation. G. The lease of any dwelling or dwelling unit for a period of less than 30 days; provided, rooms in a bed and breakfast, hotel, or motel may be leased for periods of less than 30 days. Section 4. Amendments to Chapter 19.09 MICC, Property Development. MICC 19.09.010 “Preapplication and intake screening meetings” is hereby amended as follows: 19.09.010 Preapplication and intake screening meetings. A. Preapplication meetings between the applicant, members of the applicant’s project team, and city staff are required for all subdivisions or lot line revisions, shoreline substantial development permits, shoreline deviations, variances, temporary encampments, and for any alteration of a critical area or buffer, except those alterations that are identified as allowed uses under MICC 19.07.030(A)(1) through (5), (8) and (12). Preapplication meetings may be held for any other development proposal at the request of the applicant. … Section 5. Amendments to Chapter 19.09 MICC, Administration. MICC 19.15.010(E) “General Procedures” is hereby amended as follows: … E. Summary of Actions and Authorities. The following is a nonexclusive list of the actions that the city may take under the development code, the criteria upon which those decisions are to be based, and which boards, commissions, elected officials, or city staff have authority to make the decisions and to hear appeals of those decisions. DECISION APPEAL ACTION CRITERIA AUTHORITY AUTHORITY Ministerial Actions Right-of-Way Permit City engineer Chapter 19.09 MICC Hearing examiner Home Business Permit Code official MICC 19.02.010 Hearing examiner Special Needs Group Police chief MICC 19.06.080(A) Hearing examiner Housing Safety AB 4492 Exhibit 1 Page 11 Determination Lot Line Adjustment Code official Chapter 19.08 MICC Hearing examiner Permit Design Review – Minor Code official MICC 19.15.040, Chapters Design Exterior Modification 19.11 and 19.12 MICC commission Outside Town Center Design Review – Minor Design commission MICC 19.15.040, Chapters Hearing examiner Exterior Modification in 19.11 and 19.12 MICC Town Center Final Short Plat Code official Chapter 19.08 MICC Planning Approval commission Seasonal Development Building official or MICC 19.10.030, Building board of Limitation Waiver city arborist 19.07.060(D)(4) appeals Development Code Code official MICC 19.15.020(L) Planning Interpretations commission Shoreline Exemption Code official MICC 19.07.010 Hearing examiner* Administrative Actions Accessory Dwelling Unit Code official MICC 19.02.030 Hearing examiner Permit Preliminary Short Plat Code official Chapter 19.08 MICC Planning commission Deviation (Except Code official MICC 19.15.020(G), Planning Shoreline Deviations) 19.01.070, 19.02.050(F), commission 19.02.020(C)(2) and (D)(3) Critical Areas Code official Chapter 19.07 MICC Planning Determination commission Shoreline – Substantial Code official MICC 19.07.110 Shoreline hearings Development Permit board SEPA Threshold Code official MICC 19.07.120 Planning Determination commission Short Plat Alteration and Code official MICC 19.08.010(G) Hearing examiner Vacations Long Plat Alteration and City council via MICC 19.08.010(F) Superior court Vacations planning commission AB 4492 Exhibit 1 Page 12 Temporary Encampment Code Official MICC 19.06.090 Superior court Discretionary Actions Conditional Use Permit Planning MICC 19.11.130(2), Hearing examiner commission 19.15.020(G) Reclassification City council via MICC 19.15.020(G) Superior court (Rezone) planning commission* Design Review – Major Design commission MICC 19.15.040, Chapters Hearing examiner New Construction 19.11 and 19.12 MICC Preliminary Long Plat City council via Chapter 19.08 MICC Superior court Approval planning commission** Final Long Plat City council via Chapter 19.08 MICC Superior court Approval code official Variance Hearing examiner MICC 19.15.020(G), Planning 19.01.070 commission Variance from Short Plat Planning MICC 19.08.020 City council Acreage Limitation commission Critical Areas Hearing examiner MICC 19.07.030(B) Superior court Reasonable Use Exception Street Vacation City council via MICC 19.09.070 Superior court planning commission** Shoreline Deviation Planning MICC 19.07.080 City council commission Shoreline Variance Planning MICC 19.07.110(C)(2)(d) State Shorelines commission Hearings Board Impervious Surface Hearing examiner MICC 19.02.020(D)(4) Superior court Variance Legislative Actions Code Amendment City council via MICC 19.15.020(G) Growth planning management commission** hearings board Comprehensive Plan City council via MICC 19.15.020(G) Growth Amendment planning management commission** hearings board AB 4492 Exhibit 1 Page 13 *Final rulings granting or denying an exemption under MICC 19.07.110 are not appealable to the shoreline hearings board (SHB No. 98-60). **The original action is by the planning commission which holds a public hearing and makes recommendations to the city council which holds a public meeting and makes the final decision. Section 6: Severability. If any section, sentence, clause or phrase of this ordinance or any municipal code section amended hereby should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause or phrase of this ordinance or the amended code section. Section 7: Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8: Effective Date. This Ordinance shall take effect and be in force on 30 days after its passage and publication. PASSED by the City Council of the City of Mercer Island, Washington at its regular meeting on the _____ day of ______________, 20____ and signed in authentication of its passage. CITY OF MERCER ISLAND ________________________________ Jim Pearman, Mayor ATTEST: ______________________________ Allison Spietz, City Clerk Approved as to Form: ______________________________ Katie Knight, City Attorney Date of Publication: AB 4492 Exhibit 1 Page 14 AB 4492 Exhibit 2 Page 15 AB 4492 Exhibit 2 Page 16 AB 4492 Exhibit 2 Page 17 AB 4492 Exhibit 2 Page 18 AB 4492 Exhibit 2 Page 19 AB 4492 Exhibit 2 Page 20 AB 4492 Exhibit 2 Page 21 Community Meeting Regarding Tent City October 22, 2009 Notes taken from attendees (scribes: Joyce Trantina and Joy Johnston) (Notes are listed in the order in which they were spoken. Lines delineate the change in speaker. The notes are only a summary.) Jerry Bradshaw Increased traffic and disruption to neighborhood. Concerns regarding #6, #19, #20 of Ordinance. Violations should be resolved within 48 hours or camp closed. Utilize professional security patrols versus untrained (TC patrols). Concerns regarding reduced property values to neighboring homes. No follow-thru with neighbors by Church. What did Tent City cost all City Depts.? All neighborhoods should take turns, versus the same host. Some may believe it is the City’s duty to bring back Tent City. Steve Bryan – 2426 70th Ave SE Appreciate the meeting with First Hill neighborhood, process has been constructive. Smoking area – should be addressed in the Ordinance, need to limit the amount of impact on the neighborhood.. Need to address delivery services (early morning servicing of sani-cans, and other services) were disruptive to neighbors. Mercer Island Presbyterian Church – 100+ people signed up to provide meals for TC while they were here (ages 3 to 70). All of their feedback about the experience of having TC on Mercer Island has been positive. AB 4492 Exhibit 3 Page 21 Where in the process does the Church/Synagogue actually extend the invitation? Chuck Hodge Regarding the map – does the regulation limit a church, based on public transportation? Steve Case – 4250 Shoreclub Drive Does the 12 month time period in the Ordinance count from the beginning (when TC arrives) or the end (after TC leaves)? Jessica Prince Family spent time at the camp and made connections with the people living there – positive experience to be with them. Would Tent City be able to come back? Is the Ordinance structured in such a way so as to make it difficult for TC to ever return to MI? Dale Sewell – 9535 Mercerwood Drive No interest in having TC coming back more than once a year or returning to the same neighborhoods. Some congregations had concerns regarding the one mile distance (i.e. if one church hosts, will the other 11 churches be restricted from hosting for 12 months? ). Isn’t this unconstitutional? Would any other sites be eliminated because of the ordinance? Good process – the City should meet with the Clergy Association to discuss the Ordinance and talk about constitutional issues/concerns. Rev. Leslie Ann Knight – 6616 SE 24th St. Need a parking regulation in the Ordinance. Most development/building projects require “more than enough” parking, i.e. the churches have plenty of parking capacity. Timeline looks too long – TC is often “emergency housing” – a mandatory time of 3 months preparation seems too long – how does that compare to other cities?. Will this Ordinance afford the church’s some protection from litigation? Legend of map - 600’ to school site, what are the implications for TC? What if the issues can’t be resolved? AB 4492 Exhibit 3 Page 22 Is the one year restriction more restrictive? Versus the language in the Temporary use Agreement – (Tent City can’t come anywhere on the Island for one year). Tara Johnson Ordinance Issues: #6 – would prefer 18 months (like Bellevue) #20 – 14 days too generous, would like 48 hours to resolve #17 – need to be more specific regarding “reasonable verification” Requirement of host church to hold monthly meetings with neighbors. Security patrols should be prohibited like Redmond and Kirkland, especially in the middle of the night. Parking – add language to address overflow issues (blocking neighbors driveways, etc.) Karen Morris, Bellevue Fence – more than appearance, but is meant to provide one point of entrance/exit for TC residents. Hold Harmless provision, but no requirement for liability insurance. Should be meetings with schools – concern about cooperation with school requests. City staff should not refer to “proponents” and “opponents” - too demeaning. Ira Appleman Ordinance refers to temporary encampments (not specifically Tent City). What about Boy Scout Jamborees? Should this be a Conditional use Agreement instead of an Ordinance? Don’t write an Ordinance for one specific use/organization. AB 4492 Exhibit 3 Page 23 Memorandum City Attorney’s Office Date: October 1, 2009 To: City Planning Commission From: Katie Knight, City Attorney RE: Overview of 2008 Tent City Experience I. 2008 TENT CITY EXPERIENCE A. LEGAL 1. Factual Background The Mercer Island United Methodist Church (“Church”) invited the nonprofit organization SHARE/WHEEL, organizer and manager of Tent City 4, to establish a Tent City encampment on the Church’s property for three months beginning August 5, 2008. The Church’s pastor, congregational leaders, and SHARE/WHEEL signed a Temporary Use Agreement (“Agreement”) with the City after a small amendment was made during the City Council meeting on June 16, 2008. Based on the extensive litigation with Eastside communities in the past, the City determined that it was unlikely to prevail on forbidding such an encampment if the Church invited Tent City 4. The City also determined that it was likely to obtain more favorable conditions to the City if it entered into a voluntary agreement with SHARE/WHEEL and the Church. The Temporary Use Agreement contained the following terms: • There will not be more than one encampment on Mercer Island in a calendar year at the Church and the duration of any stay will not exceed three months. • The location and visual screening of the camp will afford privacy for Tent City residents and neighbors. • No more than 100 people will stay at the camp. • The church will manage parking at weekly services to minimize spillover onto neighborhood streets. • No children under the age of 18 will reside in the Tent City encampment. • A stringent code of conduct will be enforced and SHARE/WHEEL and the Church will comply with all lawful City and State codes. AB 4492 Exhibit 4 Page 24 • The identity of all camp residents will be verified, and warrant and sex offender status of prospective residents will be checked. Any positive results reported to the MI Police Department. • No sex offenders will be allowed to stay at the encampment. • The Church and Tent City managers will allow regular inspections by the City (Fire, Police and DSG) and the King County Health Department. • The Church and SHARE/WHEEL agreed to a hold harmless and indemnification provision. Pursuant to the Agreement, the Church held a public informational neighborhood meeting approximately one month prior to establishment of the encampment, with notice of the meeting published in the MI Reporter and delivered to nearby residents/owners two weeks prior to the meeting. Prior to Tent City 4’s arrival, the City, Church and SHARE/WHEEL were sued by a group calling themselves Citizens for Fair Process. Ultimately, the trial court dismissed the group’s claims. The dismissal of the case has been appealed. Tent City 4 moved to Mercer Island in August, 2008 for about 90 days. 2. Constitutional Issues As is discussed more fully below, courts across the nation have recognized the activities of feeding the hungry and sheltering the homeless as core religious activities. For example, the court reviewing Tent City’s arrival at St. Brendan’s in Bothell found as a matter of law that “St. Brendan’s use of its property for the purpose of sheltering the homeless constitutes the exercise of religion and is protected by the First Amendment of the United States Constitution and Article 1, Section 11 of the Washington State Constitution.” A. The Washington State Constitution Bars Government Restrictions on the Exercise of Religious Duties on Church Property Unless a Compelling Governmental Interest Demands Intervention. Article 1, Section 11 of the Washington State Constitution ensures “[a]bsolute freedom of conscience in all matters of religious sentiment, belief, and worship” to “every individual” and guarantees that “no one shall be molested or disturbed in person or property on account of religion.” This guarantee of free exercise – significantly stronger than the corresponding provision in the federal Constitution – “is ‘of vital importance.’” First Covenant Church of Seattle v. City of Seattle, 120 Wn.2d 203, 226, 840 P.2d 174, 186-87 (Wash. 1992). If the “coercive effect of [an] enactment” operates against a party “in the practice of his religion”, it unduly burdens the free exercise of religion. A facially neutral, even-handedly enforced statute that does not directly burden free exercise may, nonetheless, violate Article 1, section 11, if it indirectly burdens the exercise of religion. State action is constitutional under the free exercise clause of article 1 if the action results in no infringement of a citizen’s right or if a compelling state interest justifies any burden on the free exercise of religion. Id. at 226, 840 P.2d at 187 (citations omitted; alterations and omissions in the original); see also Munns v. Martin, 130 Wn.2d 192, 200, 930 P.2d 318, 321 (Wash. 1997); City of Sumner v. First Baptist Church, 97 Wn.2d 1, 5, 639 P.2d 1358, 1361 (Wash. 1982). AB 4492 Exhibit 4 Page 25 “A ‘compelling interest’ is one that has a ‘clear justification . . . in the necessities of national or community life’, that prevents a ‘clear and present, grave and immediate’ danger to public health, peace and welfare.” First Covenant, 120 Wn.2d at 226-27, 840 P.2d at 187 (citations omitted; emphasis added). The interest must be "paramount." Sherber v. Verner, 374 U.S. 398, 406 (1963). The test also focuses on the means used to accomplish the asserted interest: “The State also must demonstrate that the means chosen to achieve its compelling interest are necessary and the least restrictive available.” First Covenant, 120 Wn.2d at 227, 840 P.2d at 187. The least restrictive means element is virtually impossible to satisfy when reasonable alternatives exist that would advance the government’s interests without sacrificing the religious exercise at issue. In effect, this means that the courts will examine the regulations on a case-by-case basis, and the City will have to show that its regulations were the minimum necessary to achieve its interests in the health, safety and welfare of its citizens. The regulations cannot be such that the use ends up being prohibited if there is a way to achieve the use while protecting the health, safety and welfare of citizens. The Washington State Supreme Court, in a 9-0 decision, most recently declared that numerous cases before it have already decided that the state constitution “absolutely protects the free exercise of religion, [and] extends broader protection than the first amendment to the federal constitution…” First Covenant Church v. City of Seattle, 120 Wn.2d 203, 229-30, 840 P.2d 174 (1992). The court concluded that the religious organizations have more protection under Washington’s constitution and did not go further to determine whether there was violation of RLUIPA. Under this decision, Cities may regulate concerns for safety, noise, and crime but may not outright deny consideration of permitting. City of Woodinville v. Northshore Church of United Christ, WA Supreme Court slip opinion, July 16, 2009. Although the Woodinville court determined that it only needed to base its decision on the Washington State Constitution, a review of the U.S. Constitution assists in understanding the concerns regarding regulating ministry to the homeless. B. The Free Exercise Clause Of The First Amendment To The United States Constitution Bars Government From Interfering With A Church’s Ministry To The Homeless Unless A Compelling Governmental Interest Demands Intervention. Like the Washington Constitution, the United States Constitution proscribes governmental action that infringes on the ability of churches to exercise the mandates of their faith. The First Amendment both guarantees the right of free exercise of religion and provides that government may not establish or otherwise control religion. See U.S. Const. Amend I. The same compelling governmental interest test applied by the Washington courts also applies under the First Amendment where, as in most land use matters, individualized exemptions to otherwise generally applicable rules are allowed in the discretion of government officials. In the case of Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, (1993), the United States Supreme Court held: As we noted in Smith, in circumstances in which individualized exemptions from a general requirement are available, the government AB 4492 Exhibit 4 Page 26 “may not refuse to extend that system to cases of ‘religious hardship’ without compelling reason.” 508 U.S. at 537. Thus, the Free Exercise clause of the First Amendment prohibits enforcement of zoning regulations that place a substantial burden on the exercise of religion unless the land use authority demonstrates that the regulations are necessary to further a compelling governmental interest (i.e., prevention of a clear, present, grave and immediate danger to public health, peace and welfare) and that the least restrictive means necessary to further that governmental interest are employed. C. RLUIPA Bars Government Restrictions On The Exercise Of Religious Duties On Church Property Unless A Compelling Governmental Interest Demands Intervention. After finding substantial evidence of widespread discrimination against religious uses of land, Congress unanimously passed the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”). RLUIPA bars enforcement of any local land use law or regulation that fails the “compelling state interest” test: No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution – (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling government interest. 42 U.S.C. 2000cc § 2(a)(1). RLUIPA specifically permits aggrieved churches to challenge enforcement actions that burden the free exercise of religion. See id., § 4(a). As under the constitutional standard, once a church produces evidence demonstrating a burden on the exercise of religion, it is the government’s burden to justify its actions under the compelling governmental interest test. See id., § 2(a)(1)(A)-(B); § 4(b); § 8(2). RLUIPA is to “be construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this Act and the Constitution.” Id., § 5(g) (emphasis added). Anyone who successfully asserts a RLUIPA claim is entitled to an award of attorney's fees. See id., § 4(d); 42 U.S.C. § 1988(b). The Act broadly defines the term “land use regulation” to mean any “zoning . . . law, or the application of such a law, that limits or restricts a claimant’s use … of land.” Id., § 8(5). RLUIPA defines "religious exercise" to include "any exercise of religion, whether or not compelled by, or central to, a system of religious belief." Id.,§7(A). While the Act does not define “substantial burden,” courts have repeatedly interpreted the term in similar contexts. Among other things, “a substantial burden on the free exercise of religion . . . is one that forces AB 4492 Exhibit 4 Page 27 adherents of a religion to refrain from religiously motivated conduct . . . ”. Mack v. O’Leary, 80 F.3d 1175, 1179 (7th Cir. 1996), certiorari granted, judgment vacated on other grounds, 522 U.S. 801 (1997); see also Brown-El v. Harris, 26 F.3d 68, 70 (8th Cir. 1994) (government action that forces religious adherents “to refrain from religiously motivated conduct” substantially burdens religious exercise); Werner v. McCotter, 49 F.2d 1476, 1480 (10th Cir. 1995) (action that “significantly inhibit[s] or constrain[s] conduct or expression that manifests some central tenet of a [person’s] individual beliefs” substantially burdens religious exercise). Section 5(e) of RLUIPA makes it clear that Congress intended land use authorities to be flexible in accommodating churches' free exercise of religion. That section states: A government may avoid the preemptive force of any provision of this Act by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions from the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden. Id. §5(e). Thus, the Act specifically provides that a land use regulator may comply with RLUIPA and accommodate a church’s exercising the mandates of its religion by recognizing higher standards of regulation in connection with homeless ministries. Here, the City used its inherent ability to contract in order to accommodate the flexibility dictated in RLUIPA. Just as development agreements are entered into by the City and private entities in order to address such issues, the City entered into the Temporary Use Agreement with the Church and with SHARE/WHEEL to accommodate the Church’s exercise of the mandates of its religion while regulating concerns about the health, safety and welfare of its citizens and the Tent City 4 residents. State and Federal law supersede the City’s municipal code. If the City’s code is in conflict with these superior laws, then those laws govern and the City cannot prohibit the activity. Even if the City code is silent with regard to Temporary Homeless Encampments, federal law and state law mandate that the City not impose burdens to hinder this activity. Given the Church’s stated intent to host Tent City 4 on its property, the City’s authority to prohibit this impending encampment was at best uncertain. The King County Superior Court’s June 10, 2004 decision reflected this tenuous legal landscape by refusing to grant the City of Bothell’s request for a preliminary injunction, even where Tent City 4 had established its homeless encampment unlawfully and without the requested local permits. The City of Mercer Island was entitled to rely upon the experiences of other municipalities (e.g., Bothell) in determining an appropriate response to the encampment’s arrival at the Church. See, e.g., City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 51-52 (1986). The ultimate wisdom of the City Council’s responsive policy is not properly subject to review. See, e.g., Davis v. exrel. Dept of Licensing, 137 Wn.2d 957, 976, n.12, 977 P.2d 534 (1999). AB 4492 Exhibit 4 Page 28 B. DSG Experience with Tent City 1. Title 19 MICC – Unified Land Development Code Title 19 of the Mercer Island City Code (MICC) regulates the manner in which land is used and developed throughout the island. This includes the types of land uses allowed in various locations and the allowed or required physical attributes of those uses. The R-9.6 zoning district is intended primarily for single family residential use. Certain non-residential uses considered to be supportive of a residential environment (e.g., schools and places of worship) or needing a residential environment to operate effectively (e.g., special needs group housing) are also allowed either outright or through a “conditional use” review process. Title 19 does not specifically address the appropriate location or required attributes of temporary homeless encampments such as Tent City 4. Section 19.06.010 of the city code specifies uses that are prohibited, but the list of prohibited uses does not include temporary homeless encampments or any similar use. Experience: As discussed elsewhere in this report, the legal right of religious organizations to host such temporary homeless encampments has been recognized by the courts. Based upon this right and the provisions of the Title 19 described above, it was determined that nothing within the City’s land use regulations would prevent or specify the conditions under which MIUMC or another place of worship could host Tent City 4. In light of the lack of specific guidance within Title 19 regarding the conditions under which a temporary homeless encampment might operate, City staff worked with MIUMC, Share/Wheel and Tent City 4 to include in the Temporary Use Agreement requirements typically applied to other allowed uses. These include: property line setbacks and screening or visual buffering; exterior lighting; density or intensity of use (maximum number of residents); and parking. Provisions included in the Agreement were based, to the extent deemed appropriate, on requirements for similar uses and situations under the Title 19. Setbacks and Screening. The Temporary Use Agreement established requirements that Tent City 4 must be located at least 20 feet from any abutting residential property, and that a sight- obscuring fence and/or vegetation shall be provided within this area. These requirements were based partly on the perimeter screening requirements for “Multifamily Development” uses located adjacent to “Single-Family Residential ” uses as specified by MICC 19.12.040.B.7. These requirements were met by Tent City 4 with the exception of a minor encroachment on the 20 feet setback that was immediately remedied after the encampment was notified of the problem. Exterior Lighting. The Temporary Use Agreement established requirements that exterior lighting associated with Tent City 4 must be directed downward, away from adjoining properties and contained within the temporary homeless encampment. This provision was based partly on MICC 19.12.070, which requires that exterior lighting for regulated developments must be shielded or located to confine light spread and the associated negative impacts within the site boundaries. The City received no recorded complaints regarding light spillover impacts on surrounding properties. AB 4492 Exhibit 4 Page 29 Density/Intensity of Use. In the Agreement, Tent City 4 was limited to a maximum of 100 persons, but still must meet all setbacks as well as health and safety issues. The Agreement stated that in exigent circumstances, this number could be exceeded if a person or persons seek shelter overnight. Parking. The Agreement required a minimum of 26 off-street parking stalls on Saturdays, Sundays and after 6:00 p.m. on weekdays. A minimum of 8 off-street parking stalls were required at all other times. Portable Toilets. MICC 19.06.010 prohibits the use of portable toilets except for emergency or construction use. In the case of Tent City 4 at MIUMC, portable toilets were allowed as a reasonable and necessary accommodation. The Temporary Use Agreement required portable toilets that were serviced on a regular basis. There was concern by neighbors regarding odors from the toilets, and servicing prior to 7:00 a.m. Chapter 15.14 MICC – Unlawful Cross-Connections Description: Chapter 15.14 regulates connections to the use of City utilities. Experience: Water system backflow prevention. Potable water was supplied to Tent City 4 by a hose connection to an existing hose bib on the exterior of the church building. Under the provisions of MICC 15.14.030 Backflow Prevention Devices Required, it was determined that appropriate backflow prevention was advisable to prevent any potential for water system contamination. An approved backflow prevention device was installed by Tent City 4. This device was inspected and approved by the city’s certified cross-connection control inspector and its continued use was verified by other inspectors on several occasions throughout the Tent City stay. Sanitary sewer connection. Grey water from a portable shower facility and hand washing stations was collected in a sump and pumped to a sanitary sewer connection in MIUMC property. This system and the connection were inspected and approved by the city utilities inspector. On one occasion power to the sump pump was inadvertently disconnected and a small quantity of grey water overflowed the sump but did not leave the site. The issue was immediately resolved upon notification of Tent City 4. (ix) Compliance with Codes. SHARE/WHEEL and the Church shall comply with lawful Washington State and City codes concerning but not limited to, drinking water connections, human waste, solid waste disposal, electrical systems, cooking and food handling and fire resistant materials. AB 4492 Exhibit 4 Page 30 C. Police Experience with TC4 Prior to Tent City’s arrival on Mercer Island in 2008, the City’s Police Department had no direct experience with Tent City. Upon learning that Tent City may come to Mercer Island, the department reached out to other Police Departments in the area and requested a summary of their experience with the encampment in their communities. The Police Chief also interviewed several of the Police Chiefs, and did on-site visits of the encampment in Bellevue. Subsequently, the department drafted its Police Department Response Plan, wherein roles and responsibilities were outlined for the Police Chief, the Police Liaison, the Patrol Section, the Criminal Investigations Section, and the Records Section. The Police Department took the presence of Tent City very seriously, and dedicated resources to this encampment and the surrounding neighborhoods. In addition to general patrols of the area, officers also physically walked through the encampment 287 times during the three- month stay. The residents of Tent City welcomed the officers, and appreciated the time they spent with them. The residents in the surrounding neighborhoods also appreciated the extra presence of the patrol officers. A detective was assigned as the Police Department’s Tent City Liaison, which proved very helpful in many ways. He was able to build relationships with the residents of the encampment as well as the residents of the surrounding neighborhoods. He provided a consistent point of contact, and he was able to develop a solid understanding of the concerns that surrounded the encampment. The Police Officers made a total of nine arrests of Tent City residents. Five arrests were for outstanding warrants, two were for traffic offenses, one was for violation of a No Contact Order, and one was for a Domestic Violence assault. In addition to these five arrests, the officers also took 15 other reports ranging from graffiti and littering to reports of water balloons being tossed into Tent City. None of these reports were for felony crimes. The extra efforts relating to Tent City added to the Department’s daily workload, but it did not prove to be over- burdensome. Officers shifted their focus for portions of their shifts to the First Hill neighborhood rather than other areas of the city. However, this focus did not prevent officers from addressing calls for service in other areas of the city. Overall, the Police Department was able to effectively manage their core mission of protecting all the residents of this community. D. Fire Department Experience with Tent City Mercer Island Fire Department (“MIFD”) did not have any experience with a group such as Tent City 4 prior to their arrival in August 2008. In order to prepare for Tent City’s arrival, MIFD contacted several neighboring departments who had dealt with the challenges associated with having the camp in their operations area. MIFD discovered that every department reported Tent City 4 had very little impact on call volume and services including, both fire and EMS. After Tent City 4’s arrival, the Fire Marshal worked closely with the Tent City 4 staff and several city staff to ensure that the encampment complied with all appropriate fire codes. Tent AB 4492 Exhibit 4 Page 31 City 4 residents and staff were found to be very helpful and compliant with all MIFD and Fire Marshall requirements. Duty crews were asked to perform walk-through inspections and area familiarization on a daily basis to increase safety for the residents and our staff. The following is a brief summary of the fire department’s experience with Tent City 4: • Walk Throughs o Duty Crews - 32 o Fire Marshal - 4 o Deputy Chief - 2 o Fire Chief - 1 • EMS Calls o Approximately - 4 • Fire Calls o None • Service Calls o None Overall, Tent City 4 had a minimal impact on the calls for service to the Fire Department. E. Communication Experience with Tent City The possibility of hosting Tent City on Mercer Island was first introduced to the public in the Mercer Island Reporter on June 13, 2007 in an article submitted by the Mercer Island Clergy Association. The news was subsequently repeated in the Seattle Times and other major regional media. At that time, the City established a dedicated Tent City webpage at www.mercergov.org/tentcity. In mid-May of 2008, Mercer Island United Methodist Church (MIUMC) announced its intention to host Tent City 4. As details unfolded, the City worked closely with MIUMC to establish a process of public notification. On May 30, 2009, MIUMC submitted a press release to the Mercer Island Reporter. An article titled “Tent City Coming in August to Island” appeared on the front page of the June 4, 2008 edition. In addition, Rev. Dale Sewall published an article in the same edition of the Mercer Island Reporter on behalf of the Mercer Island Clergy Association. The news was also repeated in major media, including KING 5 and KOMO. On June 11, 2008 notice of the City Council Meeting at which the Temporary Use Agreement for Tent City would be discussed was published in the Mercer Island Reporter. The Temporary Use Agreement required that SHARE/WHEEL and the church conduct a neighborhood meeting a minimum of 20 calendar days prior to the opening date of the temporary homeless encampment, and that notice of the meeting be provided to residents within 600 feet of the church. SHARE/WHEEL and MIUMC hosted a public meeting on July 9, 2008. Notice of the meeting was hand-delivered to all residents within 600 feet of the church. Throughout the time leading up to and throughout Tent City 4’s stay on Mercer Island, the City updated information on the City’s website and published information in the City’s weekly e-newsletter, MI Weekly, which is distributed to about 500 subscribers throughout the Island. The City’s Communications Coordinator became the primary contact for media inquiries, AB 4492 Exhibit 4 Page 32 and the story continued to garner attention of regional media including KUOW and major network stations. Citizen comments were received through email, phone calls and during the appearances portion of City Council meetings. From June through December 2008, approximately 110 comments were heard from 83 individuals at Mercer Island City Council Meetings. City staff has responded and continues to respond to public records requests for documents regarding Tent City. II. CONCLUSION Staff will continue to bring more information to the Planning Commission at the November 18, 2009 hearing, after more input is received from the community at large at the October 22, 2009 community meeting. AB 4492 Exhibit 4 Page 33 Memorandum City Attorney’s Office Date: October 1, 2009 To: City Planning Commission From: Katie Knight, City Attorney RE: Overview for Discussion of Temporary Encampment Regulations I. OVERVIEW The briefing on October 7 is intended to provide the Planning Commission with an overview of the draft temporary encampment ordinance, and to provide feedback on the experience of Tent City 4 when it came to the City last year. The formal public hearing on the ordinance itself will be held November 18, 2009. The meeting tonight is informational only. The draft ordinance is provided to present a context for discussion for future regulation of temporary encampments, based upon the experience from last year. At this early point, it does not represent a “staff recommended ordinance.” It merely represents a starting point for the Commission’s and community’s discussion. A. Background For three months beginning in August of 2008, the Mercer Island United Methodist Church hosted Tent City 4, a temporary homeless encampment managed by SHARE/WHEEL, a non- profit homeless advocacy organization. At the June 20, 2009 Council Mini-Planning Session, the City Council directed staff to prepare a draft ordinance for Council’s consideration. The City Council asked to have an ordinance ready to pass by January 31, 2010. The Council directed staff to hold a public meeting with the First Hill neighborhood to receive their input and perspective regarding their experiences related to the 2008 hosting of Tent City, as well as a community wide public meeting to respond to the draft ordinance. City staff held a public meeting on August 25th at the Mercer Island United Methodist Church to receive input from the greater First Hill Neighborhood. On October 22, the City will hold a community-wide open house at the Community Center at Mercer View (“CCMV”) to provide a forum for additional public input, to discuss the lessons learned from the Tent City experience, and to provide an overview of the draft Temporary Encampment ordinance. The major areas of discussion will include: AB 4492 Exhibit 5 Page 34 • Legal Structure Legal/constitutional requirements Legal precedent • Communications Public noticing of neighbors, community Opportunities for public involvement • Location of future Tent City Regulatory issues Benefits/concerns of site • Public Safety Fire safety Enforcement Emergency medical services Public health • Compliance City code requirements City Ordinance Tent City Code of Conduct B. EXHIBITS 1. Exhibit A is the draft Temporary Encampment Ordinance. 2. Exhibit B is the process timeline. 3. Exhibit C is a map of the City identifying the location of the religious institutions which may potentially host a temporary encampment and their relation to transit stops, schools and daycares. 4. Attached as Exhibit D is a comparison chart of the proposed ordinance and other Eastside City Ordinances. Note that the comparisons are being drawn to the actual ordinances themselves, not to subsequent permits issued pursuant to those ordinances. (The Issaquah example is a mix of the ordinance and the conditions placed on the permit under the broad “any mitigation necessary” provision as Temporary Encampments are shoehorned into Temporary Use Permits.) II. DRAFT ORDINANCE The Washington Supreme Court has unanimously determined that religious organizations are allowed to minister to the homeless, so there is no ability by municipalities to completely prohibit temporary encampments at churches. Municipalities are permitted, however, to regulate such temporary use based on health, safety and welfare issues. In the land use realm, a number of strategies exist which allow local governments to address regulation of temporary uses, such as through temporary use agreements, permits, or ordinances. The temporary use agreement is useful in negotiating specific issues which have not been encountered previously. Some uses AB 4492 Exhibit 5 Page 35 may be generally authorized by ordinance, but any regulations are provided specifically in the temporary use permit itself. Some ordinances permit the use and contain the regulations within the body of the ordinance itself, and may not require a permit. Other ordinances do a blend of both. In reviewing temporary encampment regulations of other eastside municipalities, some choose to address the health, safety and welfare issues within the ordinance itself. Others address such regulations via temporary use permits. The draft ordinance provided by Mercer Island staff puts the majority of regulations within the ordinance, while allowing flexibility for the Code Official to adopt additional requirements in the permit itself based on the location of the temporary encampment. A matrix is attached to demonstrate the draft ordinance compared to other cities’ ordinances (as opposed to temporary permits). Again, the Code official may require additional site specific conditions in the permit which are not currently identified in the draft ordinance. The key provisions of the draft Temporary Encampment Ordinance are as follows: • Maximum stay of 90 days at one location, in any 12 month period • No permit is granted for a temporary encampment proposed to commence on site within one mile of any site that contained a temporary encampment within the last 12 months • Although Design Review would not apply for temporary encampments, screening and setback provisions are required. • Temporary Encampments cannot reduce a site below the minimum allowed parking requirement for the other uses on the site. • Public notice is required for all property owners within 600 feet, rather than the standard 300 feet. • The Code Official has the discretion to require an informal neighborhood meeting during the comment period. • Criminal background Warrant and sex offender checks are required of Temporary Encampment residents. • Maximum amount of 100 persons. • Compliance with Seattle-King County Health requirements and all state and city codes regarding drinking water connections, solid waste disposal, electrical systems, cooking and food handling and fire resistant materials. • Hold harmless agreement required. • Compliance with code of conduct. Some other elements for discussion were not included in the current draft ordinance for a variety of reasons. Some are more appropriate for site-specific issues and can be addressed in the temporary encampment permit. Others are addressed through other code requirements. Some are likely to be considered unconstitutional. Those proposals are as follows, with some italicized commentary as appropriate: • Permit fee: (highest cost in other cities is approximately $1600) AB 4492 Exhibit 5 Page 36 • Identification of Adverse Effects. “ The applicant shall identify potential adverse effects of the proposed temporary encampment on neighboring properties and the community and shall develop measures to mitigate such effects. The applicant shall submit a temporary encampment impact mitigation plan with the permit application. The plan shall contain a narrative and drawing(s) that describe, to the satisfaction of the community development director, the measures the applicant will use to mitigate the effects of the temporary encampment. At a minimum, the plan shall specifically describe the measures that will be implemented to satisfy the approval criteria provided in the MICC except for criteria specifically waived by the Code Official. The plan shall include a code of conduct and the names and phone numbers of all persons comprising the applicant. The form and mitigation plan shall be as specified by the community development director, but the elements of the plan shall be bound together. The approved temporary encampment impact mitigation plan shall be signed by the Code Official and the applicant and implementation and enforcement shall be a condition of the permit approval.”: (such adverse effects addressed via the ordinance and site-specific permit) • Smoking requirements. Any established area for smoking shall conform to the following stipulations: A. Noncombustible, approved ashtrays shall be provided; B. A “designated smoking area” sign shall be posted C. The area shall be located as far from the tent area as possible, the location will be subject to inspection by Fire Marshal Office. (smoking requirements addressed via site-specific permit) • Tent requirements: “Tents over 200 sf shall be flame treated.” (already addressed via requirement for compliance with codes/site-specific permit) • Conduct and Security Requirements: “Any temporary encampment shall comply with the City regulations regarding lawful behavior set forth in Mercer Island Code. Any temporary encampment shall provide all required legal access to public areas of the site by the City of Mercer Island Police Department and any other relevant law enforcement agency at all times.”: (already required) “ Additionally, where deemed necessary by the Development Director or the Police Chief, the applicant shall provide for the following: 1. Verifiable Identification Required: The applicant shall take all reasonable and legal steps to obtain verifiable identification, such as a valid driver’s license, government issued identification card, military identification card, or passport, from all prospective and current camp residents. 2. Other individuals who are turned away from the camp shall be handled as follows: 3. A) Applicant shall walk the individual to the bus stop and wait with them until the bus arrives; B) A camp vehicle shall be used to drive the individual to the closest available bus service or C) A taxi or volunteer driver shall be called and the homeless encampment security workers shall be available to wait with the person. Taxi vouchers shall be available from sponsor when buses are not operating: AB 4492 Exhibit 5 Page 37 (may be addressed in site-specific permit) • Sidewalk monitor requirement. “Host shall provide sidewalk monitors during normal hours when elementary, junior high or high school students are going to and from the bus stops.” (may be addressed in site-specific permit) • Prohibition of neighborhood security foot patrols. “Residents and guest of encampment shall not perform neighborhood security foot patrol into the adjoining residential neighborhood.”: (Unconstitutional to prohibit freedom to move about on public right-of-ways and public areas) • Prohibition of Neighborhood Trash Patrols: “Neighborhood and trash patrol by residents and guests of encampment in adjoining residential neighborhood is prohibited.”: (Unconstitutional to prohibit freedom to move about on public right –of-ways and public areas—note that Bellevue’s ordinance actually requires such patrols) • Quiet hours requirement. “Quiet hours at encampment shall be between 9:00 PM and 8:00 AM.” (may be addressed in site-specific permit) • Visiting Hours. “Visiting hours for Guests are between 8:00 AM and 9:00 PM. Guests must check-in and provide valid form of identification at camp security location and must leave by 9:00PM. Guests are prohibited from staying over- night in the camp.” (potentially unconstitutional elements—some aspects addressed elsewhere) • Failure to apply for Permit. “If a temporary use for which a permit would be required is established without a permit first having been obtained, the Planning Director shall require all activities associated with the encampment shall cease immediately and the site shall immediately be vacated and restored to its pre- existing condition unless and until such time as a temporary use permit has been obtained.” (may be addressed elsewhere in the City Code) III. CONCLUSION Staff will continue to bring more information to the Planning Commission at the November 18, 2009 hearing, after more input is received from the community at large, at the October 22, 2009 community-wide meeting. AB 4492 Exhibit 5 Page 38 Mercer Island Temporary Encampment Ordinance Comparison Matrix Mercer Island code sections cited are within the Planning Commission recommended ordinance Mercer Island Bellevue Bothell Issaquah* Kirkland Redmond SeaTac Minimum Time 90 days Not specified None specified None specified None specified 30 days. RCDG Notify city 30 days prior Application must 19.06.090(A)(9) 20D.190- to arrival and 14 days be Submitted 10.030.3.a prior to application. Prior to Arrival SMC 15.20.045.A.1 Time Limit for Must not be located May be located at Shall not be No criteria found The City may not Limited to a “The duration of the Returning within half mile of any the same site no allowed in one in ordinance or grant a temporary maximum of 110 homeless encampment site that contained a more than once location for more Special Event/Use use permit at the days within any shall not exceed 90 days temporary every 18 months. than 90 days, either Permit SPE07- same site more 365-day time or exceed 180 days in encampment within 20.30U.125(A)(5) consecutively or 00032. frequently than period at one any 2 year period.” & the last 18 months. cumulatively, during once in every 365- location. RCDG “No more than one 19.06.090(A)(6) any 12-month day period. KZC 20D.190-10- homeless encampment period. BMC 127.30. 030.3.c may be located in the 12.06.160.B.3.c City at any time.” SMC 15.20.045.D.1 &2. Length of Stay. Cannot exceed 90 Cannot exceed 60 90 days + weekend 90 days. Special Cannot exceed 110 days “at one Cannot exceed 90 days. 19.06.090(A)(5) days. LUC if 90th day is on a Event/Use Permit 92 days. KZC location”. RCDG days. SMC 20.30U.125(A)(4). Friday. BMC SPE07-00032. 127.30. 20D.190-10- 15.20.045.D.1 (Consent decree 12.06.160.B.3.c. 030.3.b Page 39 Exhibit 6 AB 4492 allows for 90 days) Encampment 20 feet or more, 20 feet or more, 20 feet or more, No setback 20 feet or more. Planning None. Setback from 19.06.090(A)(10)(a) LUC 20.30U.125. unless approved requirement in KZC 127.25. Director’s Abutting by adjacent Permit. (IMC decision. RCDG Properties. property. BMC 5.14.050.A.10 20D.190-10- 12.06.160.B.3.b.2 allows for other 030.3.f.ii conditions deemed necessary) Sight Obscuring Yes. Yes. LUC Yes. BMC Yes, Use Permit # Yes, KZC 127.25. Planning Yes. SMC Fence or 19.06.090(A)(10)(b) 20.30U.125. 12.06.160.B.3.b.3 SPE07-00032. Director’s 15.20.045.B.9 and Screening decision. RCDG 15.20.045.B.10 Required? 20D.190-10- 030.3.f.ii Lighting Lighting must be Glare and Yes. BMC None in Permit. Lighting must be Planning None. Regulation. directed inward reflections must 12.06.160.B.3.e.2 directed Director’s toward encampment. be contained downward and decision. RCDG 19.06.090(A)(10)(c) within Camp. containing within 20D.190-10- LUC 20.30U.125. camp. KZC 030.3.f.ii 127.25. Page 1 of 3 City of Mercer Island 01/04/10 Mercer Island Temporary Encampment Ordinance Comparison Matrix Mercer Island Bellevue Bothell Issaquah* Kirkland Redmond SeaTac Maximum 100 persons. 100 persons. LUC Based on land 100 persons. Use 100 persons. 100 persons. 100 persons. SMC Number of 19.06.090(A)(9) 20.30U.125. area. No max #. Permit # SPE07- KZC 127.25. RCDG 20D.190- 15.20.045.B.6 Residents at BMC 00032. 10-030.3.b Encampment. 12.06.160.B.3.b.1 Parking Yes. Yes. LUC Yes. BMC Yes. Use Permit Yes. KZC 127.25. Yes. RCDG Yes. SMC Requirements at 19.06.090(A)(1) 20.30U.125. 12.06.160.B.3.b.4 Condition 5. 20D.190-10- 15.20.045.B.7 Site? 030.3.d Proximity to Yes. Within ½ mile of Yes. Within ½ Yes. Within ½ No requirement in Yes, Within ½ Planning Yes. Within ¼ mile or transit Required? a public transit stop. mile of a transit mile of transit Permit # SPE07- mile of a transit Director’s provide 19.06.090(A)(3) stop. LUC stop. BMC 00032. stop. KZC decision. RCDG carpool/shuttles. SMC 20.30U.125. 12.06.160.B.3.b.5 127.25. 20D.190-10- 15.20.045.B.8 030.3.f.iii Children Yes. Cannot stay Yes. LUC Not Prohibited. No. Not under Yes. KZC 127.25 Planning Not Prohibited. Prohibited from overnight, except 20.30U.125. Permit # SPE07- Director’s Staying in under exigent 00032. decision. RCDG Encampment? circumstances. 20D.190-10- 19.06.090(A)(12) 030.3.f.ii Code of Yes. 19.06.090(A)(18) Yes, LUC Yes. BMC Not mentioned in Yes. KZC 127.25 Yes. RCDG Yes. SMC Conduct for 20.30U.125 12.06.160.B.3.e.4 Permit # SPE07- 20D.190-10- 15.20.045.C.3 Persons in 00032. 030.3.f.i Encampment? Page 40 Specific Health, Yes. 19.06.090(A)(7), Yes. Yes. BMC Yes. Yes. Yes. RCDG Yes. SMC Exhibit 6 AB 4492 Safety and Fire 19.06.090(A)(8), 12.06.160.B.3.d 20D.190-10- 15.20.045.B.2 and Protections 19.06.090(A)(13), 030.2.d and 15.20.045.B.3 Apply? 19.06.090(A)(14) 20D.190-10- 030.3.f Identification, and Yes. 19.06.090(A)(17) Yes. 20.30U.121 Yes, when Not mentioned in Yes. KZC 127.25. Only Yes. SMC Warrant and Sex and 19.06.090(A)(19) deemed necessary. Permit # SPE07- identification 15.20.045.C.5 and Offender Checks BMC 00032. (may be in required. RCDG 15.20.045.C.6 Required For 12.06.160.B.3.e.3 separate 20D.190-10- Persons at agreement with 030.3.e Encampment? Police Depart.). Inspections “shall permit Not addressed in “may be Yes. Temp Use Yes. KZC 127.25. Not addressed. “shall permit Required? inspections”. 20.30U. conducted”. BMC Permit. inspections”. SMC 19.06.090(A)(15) 12.06.160.B.3.d 15.20.045.E.3 Is Notice Yes. 19.06.090(C)(1) Yes. LUC Yes. BMC Not required for Yes. KZC 127.42. Yes. RCDG Yes. Notify property Provided to and 19.06.090(C)(2) 20.35.510 & 525. 12.06.160.B.3.a.2 special use permit 20D.190-10-030.4 owners prior to Neighbors Prior and BMC title 11 per IMC 5.14 application. SMC to Decision? 15.20.045.A.2 Page 2 of 3 City of Mercer Island 01/04/10 Mercer Island Temporary Encampment Comparison Matrix Mercer Island Bellevue Bothell Issaquah* Kirkland Redmond SeaTac Must Notify, and Yes. Any within 600 Yes. Any within Yes. BMC No. Not in No. (does require Not Prohibited. Not Prohibited Meet and Confer feet of the 600 feet of site. 12.06.160.B.3.a.4 Temporary Use compatibility with with Nearby encampment. LUC 20.30U.122. Permit. surrounding uses). Schools and 19.06.090(C)(2) Daycares? Can There be Yes. Mercer Island Yes. LUC Yes. BMC Yes. IMC 5.14.090 Yes. Yes. Chapter Yes. Immediate Codes 8.04.120, 20.30U.125 and 12.06.160.B.3.a.7 1.14, 9.34, 14.04 Enforcement of 8.30.030, 17.14, 17.15, BCC 1.18 Violations? and 19.15.030 Are There Any Yes. Civil fines and Yes. Yes. BMC Yes. Civil fines or Yes. Yes. Chapter Yes. Expulsion or Penalties for penalties for City and 12.06.160.B.3.a.7 by imprisonment. 1.14, 9.34, 14.04 Termination of Violating Codes State Code violations. and 11.20.010 IMC 5.14.060 and Temporary Use or Agreement? Mercer Island Codes 5.14.090 Permit. SMC 8.04.120, 8.30.030, 15.20.045.C.3 or 17.14.113,17.14.115, 15.20.045.F.1 17.15.030, 19.15.030, & RCW 70.95.240(2)(b-c) Is there a Yes, City is held No. Yes. . BMC Yes. Special use No. No. No. provision for hold harmless and 12.06.160.B.3.f.1 Permit Sec. 14. harmless / indemnified. indemnification for City Page 41 Exhibit 6 AB 4492 taxpayers? Process For Yes. Process for Yes. Yes. BMC Yes. Yes. In Temp Use No. No. People Evicted eviction or unlawful 12.06.160.B.3.e.3.D Permit ZOzn08- From Tent City? detainer. RCW 59.12. &C 00001. See RWC 59.16-59.20. See also Mercer Island City Code 9.14, Trespass, to which usual police procedures apply. Application Fee None at this time. $440 total. $110 Hourly rate based $188.80 total. $212 for a $1,601.77 for a $60 for a Temporary Must be submitted if land use fee, $225 on time to process $20 for special use Temporary Use Temporary Use Use Permit required. A $250 fee for land use land use permit. permit, and Permit Permit refundable deposit for sign, $62 for fire Land use planner $168.80 for a public notice sign inspection, $43 for hourly rate is plumbing permit would be required. A Right-of-Way use $140.80 fee of $69 was charged for a temporary power permit for Tent City *Issaquah regulates Temporary Encampments with a “Temporary Use Permit” (which also includes many other temporary land uses) and is not specific to Temporary Encampments. Language is provided in the Issaquah Municipal Code that allows the city to place restrictions on the permit that are not necessarily spelled out in the code, subject to a legal nexus. Page 3 of 3 City of Mercer Island 01/04/10 PROXIMITY OF MERCER ISLAND PLACES OF WORSHIP TO BUS STOPS, SCHOOLS, AND CHILD CARE SERVICES Exhibit 5 Mercer Island § ¨ ¦ 90 Presbyterian Church 50 feet to nearest bus stop To Seattle ! [ Nearest childcare is onsite 72nd Ave SE Holy Trinity [ [ Lutheran Church [ 1 foot to nearest bus stop 60 feet to nearest childcare !k vue W M er ce [ [ ! § ¨ ¦ 90 ! To B elle rW ay k [ Mercer Island United SE 40th St Methodist Church k ![ [ [k [ 10 feet to nearest bus stop Herzl-Ner Tamid 2,000 feet to nearest childcare k k Conservative Congregation 750 feet to nearest bus stop Mercer Island k 235 feet to nearest childcare Covenant Church ! 250 feet to nearest bus stop [ Isl an 300 feet to nearest childcare dC ! St. Monica res Catholic Church tW Church of Jesus Christ 410 feet to nearest bus stop ay of Latter Day Saints ! 90 feet to nearest childcare 850 feet to nearest bus stop 800 feet to nearest childcare k Congregationalist Church of Mercer Island Emmanuel Episcopal 85 feet to nearest bus stop [ k Church 500 feet to nearest childcare 8 feet to nearest bus stop E Mercer Way er Way Nearest childcare is onsite W Merc First Church Christian Scientists ! 3 feet to nearest bus stop 1,600 feet to nearest childcare [ New Hope International Church Redeemer Lutheran SE 68th St 2,550 feet to nearest bus stop Church [ 4,900 feet to nearest childcare 165 feet to nearest bus stop [ 2,400 feet to nearest childcare k ® Legend ! ( Bus Stop (Nearest to Church) ay k [ [ rW Child Care Service ce er M Places of Worship E 0 1,250 2,500 5,000 Feet AB 4492 å School Exhibit 7 Notes: Not all bus stops are shown. 600-ft Buffer from School Site Distances are approximate. Page 42 All meetings are held in the City Hall Council Chambers unless otherwise noted. Special Meetings and Study Sessions begin at 6:00 pm. Regular Meetings begin at 7:00 pm. JANUARY 19 (TUESDAY) Item Type Topic/Presenter Time Special Business Veterans and Human Services Levy Presentation 15 Regular Business Interlocal Agreement with City of Bellevue for Marine Patrol Services – E. Holmes 30 Regular Business Temporary Encampments Ordinance (1st Reading) – J. Mason 90 JANUARY 22‐24 2010 City Council Planning Session (CCMV) FEBRUARY 1 Item Type Topic/Presenter Time Consent Calendar 2009 Lakeridge Elementary Healthy Ways to School Project Acceptance – C. Morris ‐‐ Consent Calendar Grant Agreement for Recycling Events – G. Boettcher ‐‐ Regular Business Temporary Encampment – Ordinance (2nd Reading) – K. Knight 45 Regular Business Sub‐ Basin 6 Stormwater Improvement Preliminary Design and Permitting– F. Gu 20 Regular Business Arts Council 2009 Annual Report and 2010 Work Plan – A. Britton 30 Regular Business Emergency Well Operations – G. Boettcher 30 FEBRUARY 16 (TUESDAY) Item Type Topic/Presenter Time 2009 72nd Ave SE (SE 24th to SE 32nd St) Asphalt Overlay and Pedestrian Improvements Consent Calendar ‐‐ Project Close‐Out – J. Weiser Regular Business 1% for Public Art Banner Proposal – A. Britton 20 Regular Business Island Crest Way Corridor – A. Tonella‐Howe 30 Regular Business Planning Commission 2010 Work Program – G. Steirer 30 Regular Business Pedestrian and Bicycle Facilities Plan Briefing – M. Ocampo 60 MARCH 1 Item Type Topic/Presenter Time Consent Calendar Northwest Center Pool Annual Report – D. Mortenson ‐‐ Regular Business 78th Ave Sculpture Garden Plaza – B. Fletcher 30 Regular Business ARCH Fall Trust Fund Recommendations (no presentation) – J. Trantina 15 Regular Business 2010 ARCH Work Program (no presentation) – J. Trantina 15 Regular Business ARCH Interlocal Agreement – J. Trantina 15 Regular Business Pedestrian and Bicycle Facilities Plan Discussion – M. Ocampo 60 Items highlighted in green are on the 2009 Council Work Plan 1 Updated: 1/14/2010 11:39:29 AM All agendas and items are subject to change. MARCH 15 Item Type Topic/Presenter Time Regular Business Pedestrian and Bicycle Facilities Plan Adoption – S. Lancaster 60 Regular Business 2009 Year‐End Financial Status Report & 2009 Carryovers – C. Corder 45 Regular Business 2011‐2016 Capital Improvement Program Kick‐off – J. Mason and C. Corder 60 Regular Business Open Space Conservancy Trust Annual Report – P. West and D. Cohen 20 OTHER ITEMS TO BE SCHEDULED: Senior Commission Work Plan – C. Goodwin School Bus Storage – R. Conrad & G. Boettcher Electrical Code Adoption COUNCILMEMBER ABSENCES: Mayor Pearman: January 19, 2010 Councilmember Bassett: February 16, 2010 Items highlighted in green are on the 2009 Council Work Plan 2 Updated: 1/14/2010 11:39:29 AM All agendas and items are subject to change.