City of Mercer Island, Washington - Home City of Mercer Island, Washington - Home Facebook Twitter YouTube
advanced search | site map
HOME City Council DEPARTMENTS BOARDS & COMMISSIONS CONTACT US
Back
LINE
*
Notify me by Email
City Council - Minutes     
Monday, February 01, 2010

Call To Order:

 

Mayor Jim Pearman called the meeting to order at 7:06 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.

 

 

Mayor Pearman read thank you letters from Island Park Elementary 2nd grade students from their tour in January.

 

Mayor Pearman thanked EarthCorps volunteers’ for their work in removing invasive species in Pioneer Park over the past weekend.

 

City Manager Rich Conrad introduced the new Parks and Recreation Director, Bruce Fletcher.  Director Fletcher previously worked for the Cities of Tukwila and Olympia and is the current President of the Washington Recreation and Parks Association.

 

 

Appearances:

 

Bob Brahm, 7420 North Mercer Way, thanked the Council and the Parks and Recreation staff for their support of the Mercer Island Arts Council efforts for the first presentation of the blue star service flag, which is an official banner that family members of service members in harm's way can display.  He especially thanked Judy Leithe for her work in making the presentation at Summer Celebration! in 2009.  On behalf of Mercer Island Post 5760, he thanked the City for the support of Mercer Island veterans.

 

Sam Hobson, 8828 SE 77th Place, thanked the Council for the Lakeridge healthy ways to school project as his family uses the new services at least 4 times a week.

 

Lynn Thomas, 7360 Island Crest Way, thanked the council for the improvements around Lakeridge elementary.  She hopes the Council will continue to support such projects for increased safety for walking and biking around the Island.

 

 

MINUTES:

 

(1)        It was moved by Councilmember Grady; seconded by Councilmember Bassett to:

Adopt the Regular Meeting Minutes of January 19, 2010 as written.

Motion PASSED 7-0.

 

 

Consent Calendar:

 

(2)        Payables:         $846,811.21 (1/21/2010) & $118,006.69 (01/27/2010)

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

 

 

 

            Payroll:             $606,835.48 (01/29/2010)

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

 

(3)        AB 4506            Interlocal Agreement with King County for Waste Reduction and Recycling Grant Program

Recommendation: Authorize the City Manager to sign the interlocal agreement with King County for the 2010-2011 Waste Reduction and Recycling Grant Program.

 

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

Approve the Consent Calendar and the recommendations contained therein.

Motion PASSED 7-0.

 

 

Regular Business:

 

(4)        AB 4504            Lakeridge Elementary Healthy Ways to School Project Acceptance (no presentation)

 

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

Accept the completed Lakeridge Elementary Healthy Ways to School project improvements and authorize staff to close out the contract.

Motion PASSED 7-0.

 

 

(5)        AB 4498            Sub-Basin 6 Stormwater Improvement Preliminary Design & Permitting (no presentation)

 

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

Authorize staff to accelerate preliminary design and permitting work on Sub-Basin 6 to 2010, and redirect $75,000 from saving on Sub-Basin 26 Phase II Project in 2009 to the Sub-Basin 6 Project in 2010.

 

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

Amend the main motion to add:

Expand project scope to include knotweed eradication along the watercourse from SE 40th Street to I-90.

Motion to amend PASSED 7-0.

 

Main motion as amended PASSED 7-0.

 

 

(7)        AB 4503            Arts Council 2009 Annual Report and 2010 Work Plan

 

Arts & Special Events Coordinator and Staff Liaison to the Arts Council Amber Britton introduced the Chair of the Arts Council Jane Ditzler who spoke about the Arts Council accomplishments in 2009 and the goals for 2010.  She thanked Bruce Bassett for his support as the City Council liaison for the past two years.

 

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

Receive the Mercer Island Arts Council 2009 Annual Report and approve the 2010 Work Plan.

 

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

Amend the main motion to include:

Direct staff to add to the work plan an item that would have the Arts Council engage with the Youth Theatre Northwest on the possibility of a continued financial relationship in 2010.

Motion to amend PASSED 7-0.

 

Main motion as amended PASSED 7-0.

 

 

 

 

 

(8)        AB 4508            Temporary Encampments Ordinance (2nd Reading)

 

Deputy City Manager James Mason presented a revised ordinance regarding temporary encampment permitting regulations for a second reading and possible adoption.  He detailed the revisions to the ordinance stemming from Council deliberation at the January 19, 2010 Council Meeting and the 2010 Planning Session on January 24, 2010.

 

City Attorney Katie Knight spoke about various issues that have been expressed by SHARE/WHEEL and the Mercer Island Clergy Association and what revisions were made to the ordinance.

 

Appearances (Continued):

 

Alana Osborne, 4137 94th Ave SE, has visited Tent City multiple times.  She read from a paper she wrote about her experiences with and support of Tent City and the people who live there.

 

Reverend Dale Sol, 9535 Mercerwood Drive, Pastor of Mercer Island Presbyterian, presented a petition of 500 signatures from church members and high school students urging the Council to create a reasonable ordinance that reflects the welcome and support for the homeless residents of Tent City and facilitates their stay on Mercer Island without undue burden to either Tent City or their hosts.  He spoke about a letter that was sent to the City Council from the Mercer Island Clergy Association about the proposed ordinance.

 

Reverend Mark Travis, Pastor of Congregational Church on Mercer Island and President of the Mercer Island Clergy Association, appreciates the Council’s intent to facilitate the conversation about temporary encampments, but he stated that the Clergy are not comfortable with the ordinance.  They disagree with certain portions dealing with the prohibition of children, safety precautions, time restrictions and informal meetings.

 

Bruce Thomas, Camp Advisor and Tent City 4 resident, has issue with the City requiring the temporary encampment managing organization to obtain warrant and sex offender checks from the King County Sheriff’s office.  He believes this is a right he can give up, not one that the City can take.  He also read a memo from SHARE/WHEEL’s attorney Ted Hunter stating that requiring warrant and sex offender checks of Tent City residents is unlawful.

 

Andy Nevels, TC4 resident, believes that the proposed ordinance is unconstitutional

 

Shy, TC4 resident, believes that requiring warrant checks is a violation of the equal protection clause of the Constitution as well as the Religious Land Use and Institutionalized Persons Act.

 

Patrick Schultz, TC4 resident, stated that Tent City conducts their own warrant checks and forcing Tent City to conduct them is unconstitutional.

 

Vaughn, TC4 resident, believes that requiring warrant checks violates the equal rights protection under the law and all Mercer Island residents and guests would also have to be checked.

 

Jonathan Dye, TC4 resident, believes that the City cannot force all Tent City residents to do warrant checks

 

Donald Brown, TC4 resident, believes that it is unconstitutional to force Tent City 4 to do warrant checks.

 

Jack, TC4 resident, believes that requiring warrant checks is a violation of equal protection clause of the Constitution.

 

Deborah, TC4 resident, asked the Council to amend the restriction that no children under age of 18 are allowed to stay in a temporary encampment, to add the exception for certain circumstances.  She believes that Tent City 4 can offer a family a safe alternative for a night and then help them in the morning to find a different solution.

 

Hunt Priest, Rector of Emmanuel Episcopal Church, asked that Council add more flexibility in the ½ mile, 18 month moratorium for returning temporary encampments.

 

 <No name given>, TC4 resident, spoke about his education and vocational accomplishments and the need to live in Tent City at this time.  He asked the Council to welcome Tent City 4 and allow the same rights as the resident so Mercer Island.

 

Tara Johnson, 2438 62nd Ave SE, stated that warrant checks were required in the temporary use agreement and is part of other jurisdictions’ ordinances and the courts have ruled that this requirement does not infringe on anyone’s constitutional rights.  She asked the Council to focus on safety provisions for the surrounding neighborhoods.

 

Karen Griffin, 3426 72nd Ave SE, feels that the Council and those who have attended the meetings have worked really hard to protect the interests of Mercer Island residents and Tent City residents.  She feels the proposed ordinance creates a good balance.

 

Diane Osborne, 4137 94th Ave SE, was raised to give back and not to separate herself from other communities.  She feels that some children on Mercer Island are not raised to give back.  She would like to see community service as a requirement to teach younger people about the importance of learning about those who are different.

 

Susie Redifer, PO Box 283, thanked staff and Council for the hard work on the ordinance.  She stated that real estate agents who deal with homes located close to the Mercer Island United Methodist Church have stated the value has gone down because of Tent City 4.  She respects the City’s ordinance process, but believes the government-issued ID requirement should be reinstated.

 

Dorothy Swarts, 8501 SE 61st Street, believes that Tent City’s upholds their own rules and the City does not need to implement more.  She noted that when Tent City 4 was here there were no issues and that some people just have a fear of people they don’ know.

 

Clara Flaherty, 4244 Shore Club Drive, spoke about the negative stereotype associated with living on Mercer Island.  She has worked with Tent City on multiple occasions and she was always received very warmly.

 

Ethan, 6907 96th Ave SE, worked to collect petition signatures from the Mercer Island High School.  He expressed the students he knows do not feel unsafe because of Tent City.

 

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

Conduct second reading and adopt Ordinance No. 10C-01, amending the Mercer Island City Code Section 19.06 to provide requirements and procedures for permitting temporary encampments.

 

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

Amend the main motion to include:

Delete section 19.06.090(A)(18) in its entirety:

18.  The temporary encampment managing organization shall maintain a resident log for all who are residing at the temporary encampment.  Such log shall be kept onsite at the temporary encampment.  Prospective encampment residents shall provide a verifiable form of identification when signing the log.

Motion to amend FAILED 2-5 (Councilmember Grady and Deputy Mayor Jahncke assented).

 

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

Amend the main motion to include:

Delete section 19.06.090(A)(19) in its entirety:

19.  The temporary 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 managing organization 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; and

i.    No convicted sex offender shall reside in the temporary encampment.

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.

Motion to amend FAILED 2-5 (Councilmember Grady and Deputy Mayor Jahncke assented).

 

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

Amend the main motion to include:

Delete section 19.06.090(A)(20) in its entirety:

20.  The applicant temporary encampment managing organization is responsible for maintaining an up to date log of persons residing at the temporary encampment and to obtain warrant and sex offender checks with King County.  The temporary encampment managing organization shall obtain warrant and sex offender checks from the King County Sheriff’s office 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 temporary encampment managing organization or sponsor shall immediately contact the City of Mercer Island Police Department.  The temporary encampment sponsor shall be responsible for verifying that the warrant and sex offender checks occur, that the log of persons residing at the temporary encampment is kept and that verifiable forms of identification are being provided.

Motion to amend FAILED 1-6 (Councilmember Grady assented).

 

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

Amend the main motion to include:

Amend section 19.06.090(A)(12) as follows:

12.  No children under the age of 18 are allowed to stay overnight in a temporary encampment unless accompanied by a parent or legal guardian.  If any other child under the age of 18 attempts to stay overnight at the temporary encampment, the temporary encampment managing organization shall immediately contact the Washington State Department of Social and Health Services Child Protective Services, or its successor.

 

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

Amend the amendment above to include:

Amend section 19.06.090(A)(12) as follows:

12.  No children under the age of 18 are allowed to stay overnight in a temporary encampment unless accompanied by a parent or legal guardian.  If any other child under the age of 18 attempts to stay overnight at the temporary encampment, the temporary encampment managing organization shall immediately contact the Washington State Department of Social and Health Services Child Protective Services, or its successor and help to find long term overnight accommodations.

Motion to amend the amendment FAILED 1-6 (Councilmember Grady assented).

 

Motion to amend PASSED 6-1 (Councilmember Litzow dissented).

 

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

Amend the main motion to include:

Delete section 19.06.090(B)(8) in its entirety:

8.   A copy of the code of conduct;

Motion to amend FAILED 2-5 (Councilmember Grady and Deputy Mayor Jahncke assented).

 

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

Amend the main motion to include:

Amend section 19.06.090(A)(20) as follows:

20.  The applicant temporary encampment managing organization is responsible for maintaining an up to date log of persons residing at the temporary encampment and to obtain warrant and sex offender checks with King County.  The temporary encampment managing organization The Mercer Island Police Department shall obtain warrant and sex offender checks from the King County Sheriff’s office 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 temporary encampment managing organization or sponsor shall immediately contact the City of Mercer Island Police Department.  The temporary encampment sponsor shall be responsible for verifying that the warrant and sex offender checks occur, that the log of persons residing at the temporary encampment is kept and that verifiable forms of identification are being provided.

Motion to amend FAILED 1-6 (Councilmember Cero assented).

 

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

Amend the main motion to include:

Amend section 19.06.090(A)(20) as follows:

20.  The applicant temporary encampment managing organization is responsible for maintaining an up to date log of persons residing at the temporary encampment and to obtain warrant and sex offender checks with King County.  The temporary encampment managing organization shall obtain warrant and sex offender checks from the King County Sheriff’s office 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 temporary encampment managing organization or sponsor shall immediately contact the City of Mercer Island Police Department.  The temporary encampment sponsor shall be responsible for verifying that the warrant and sex offender checks occur, that the log of persons residing at the temporary encampment is kept and that verifiable forms of identification are being provided.

Motion to amend FAILED 3-4 (Councilmember Bassett, Grady and Deputy Mayor Jahncke assented).

 

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

Amend the main motion to include:

Amend section 19.06.090(A)(20) as follows:

20.  The applicant temporary encampment managing organization is responsible for maintaining an up to date log of persons residing at the temporary encampment and to obtain warrant and sex offender checks with King County.  The temporary encampment managing organization shall obtain warrant and sex offender checks from the King County Sheriff’s office 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 temporary encampment managing organization or sponsor shall immediately contact the City of Mercer Island Police Department.  The temporary encampment sponsor shall be responsible for verifying that the warrant and sex offender checks occur, that the log of persons residing at the temporary encampment is kept and that verifiable forms of identification are being provided.

Motion to amend PASSED 7-0.

 

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

Amend the main motion to include:

Amend section 19.06.090(A)(21) as follows:

21.  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 seven 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 seven 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.

Motion to amend PASSED 6-1 (Councilmember Cero dissented).

 

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

Amend the main motion to include:

Amend section 19.06.090(C)(2) as follows:

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 conditions for the temporary encampment permit are met, or the need for additional conditions upon the temporary encampment permit, without violating the legal rights of the temporary encampments sponsor.

Motion to amend PASSED 5-2 (Councilmembers Cero and Litzow dissented).

 

Main motion as amended PASSED 5-2 (Councilmembers Cero and Grady dissented).

 

 

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

Adopt Resolution No. 1424, adding fees to the Development and Building Fee Schedule to process a permit for a temporary encampment.

 

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

Amend Section 1 of Resolution No. 1424 as follows:

Consistent with the authority set forth in Mercer Island City Code 19.15.020(B)(2), the fee to submit an application for a temporary encampment land use decision shall be $0.00204.00 and shall be added to the Development and Construction Permit Fee Schedule.

Motion to amend PASSED 7-0.

 

Main motion as amended PASSED 7-0.

 

 

(6)        AB 4505            Emergency Well Facility - Operations Overview

 

Maintenance Director Glenn Boettcher, Utilities Engineer Rona Lin and consultant Greg Hill, President of Roth Hill Engineering presented information and photos about the construction of the Emergency Well Facility at Rotary Park.  They detailed the background of the project, the construction process and presented information about the well operations strategy that determines who will operate the well, who will conduct training for volunteers and how water will be distributed from the well.

 

 

OTHER BUSINESS:

 

Councilmember Absences:

Councilmember Bassett will be absent from the February 16th meeting.

 

Planning Schedule:

Island Crest Way Corridor will be on March 1st instead of February 16th.

 

Board Appointments:

There were no appointments.

 

Councilmember Reports:

There were no reports.

 

 

 

Adjournment:          11:18 pm



Download File
CCAGENDA020110.pdf

(4170.8KB)
 
 

City of Mercer Island Washington | All Rights Reserved © 2017| Privacy Policy | printer friendly version Printer friendly version | Site by ProjectA.com