city council monday january 4, 2010 meeting … · · 2009-12-31final acceptance of grants, deeds...

COUNCILMEMBERS Bruce Bassett Mike Cero Mike Grady Dan Grausz El Jahncke Steve Litzow Jim Pearman

CITY MANAGER Rich Conrad

All meetings are held in the City Hall Council Chambers unless otherwise noticed

COUNCIL CHAMBERS 9611 SE 36th Street Mercer Island, WA

PHONE 206.275.7600

EMAIL [email protected]

WEB www.mercergov.org

REGULAR MEETING

CALL TO ORDER & ROLL CALL ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7:00 pm

SPECIAL BUSINESS ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7:01 pm

(1) AB 4497 Oaths of Office and Mayor and Deputy Mayor Elections

APPEARANCES ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7:20 pm

This is the time set aside for members of the public to speak to the City Council about any issues of concern. If you wish to speak, please consider the following points:

1. speak audibly into the podium microphone, 2. state your name and address for the record, and 3. limit your comments to three minutes.

MINUTES ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7:35 pm

(2) Special Meeting Minutes of December 7, 2009

CONSENT CALENDAR ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7:37 pm

(3) Payables: $1,661,600.22 (12/23/09)

Payroll: $601.255..31 (12/18/09) & $601,517.99 (12/31/09)

REGULAR BUSINESS

(4) AB 4499 Interlocal Agreement with MISD for High School Stadium Use ‐‐‐‐‐‐‐‐‐‐‐‐ 7:40 pm

(5) AB 4493 Recommended Council Actions to Reduce Underage Drinking ‐‐‐‐‐‐‐‐‐‐‐‐ 7:55 pm

OTHER BUSINESS ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 8:40 pm

Councilmember Absences Planning Schedule Board Appointments Councilmember Reports

ADJOURNMENT ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 8:50 pm

Agenda times are approximate

CITY COUNCIL MEETING AGENDA

Monday

January 4, 2010

7:00 pm

APPEARANCES: This is the time set aside for members of the public to speak to the Mayor and City Council about any issues of concern. Unless the item you wish to discuss is of an emergency nature, the Council ordinary takes matters under advisement before taking action. If you wish to speak, please consider the following points: speak audibly into the podium microphone, state your name and address for the record, and limit your comments to three minutes.

CONSENT CALENDAR: This is a means to streamline Council meeting procedures by collecting the routine, non‐controversial items into a group whereby all are passes with a single motion and vote. Each City Council agenda includes, but is not limited by this reference: final approval of leases and contracts, final acceptance of grants, deeds or easements, setting dates for public hearings, approval of change orders, payable and payroll sheets, and other routine items as the City Manager may deem appropriate.

If separate discussion of any Consent Calendar item is desired, that item may be removed from the Consent Calendar at the request of any Councilmember. At the conclusion of passage of the Consent Calendar, those items removed shall be discussed and acted upon before proceeding to the next item of business or shall be set to a later position on the agenda of that meeting.

EMERGENCY MEETING: In case of an emergency or the likelihood of an emergency involving injury or damage to persons or property, the special meeting notice may be dispensed with when the time requirements would make notice impractical and increase the likelihood of such injury or damage. RCW 42.30.080. The special meeting notice should be sent to “The Mercer Island Reporter” and placed in the lobby of the building where the meeting is usually held. When a special meeting is called for a date and time that makes it impossible to send a written notice by mail or facsimile and afford a 24‐hour notice, the people on the special meeting list who were not in attendance when the special meeting was announced should be called. Notes should be kept of the names of the people called and the time and date of the call.

EXECUTIVE SESSION: Executive Sessions are held to discuss personnel, property or litigation matters and are limited to Council members and any additional persons deemed appropriate by the presiding officer. 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 reported and actions must be announced in open session.

ORDINANCE: Ordinances are legislative acts of local laws. They are the most permanently and binding form of Council action and may be changed or repealed only by a subsequent ordinance. Ordinances normally become effective five days after they are published in the City's official newspaper. An ordinance will generally prescribe permanent rules of conduct or government.

PLANNING SCHEDULE: The planning schedule is a quarterly calendar that reflects upcoming Council meetings and proposed items of discussion.

PROCLAMATION: The purpose of a proclamation is to recognize the efforts of a particular group or increase awareness of an activity. The Mayor determines whether to issue a proclamation. They are written by staff and usually announced at a City Council meeting; however, the Mayor can issue a proclamation without Council approval.

PUBLIC HEARING: Public Hearings are public meetings. They are a formal opportunity for citizens to give their views for consideration in the decision‐making process. Public Hearings can be held either in regular session or at a special meeting after proper notice. Public Hearings provide the Council with views on either side of issues.

RESOLUTION: Resolutions act as less solemn or formal rules and generally are simply an expression of the opinion of the Council.

SPECIAL MEETING: Any meeting that it is not held at the regular time, place or location is a Special Meeting. Written notice of the time and place of a Special Meeting must be received at lease 24 hours in advance by the members of the body and the news media. Special Meetings are open to the public. Special meetings are also public meetings. Written notification of special meetings can be dispensed with when there is an emergency. The notice shall contain the date, time and place of the meeting, as well as subject matter to be considered. The description of the business is very important because the body is precluded from making any final disposition of matter not included in the published notice of the business to be transacted.

STUDY SESSION: These work sessions are generally held by the City Council on the first Monday of the month prior to its regular meeting. The study sessions begin at 6:00 pm, last about 60 minutes, and may be held at a site other than City Hall. The Council takes no formal action during this time.

D E F I N I T I O N S

In compliance with the Americans with Disabilities 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.

BUSINESS OF THE CITY COUNCIL CITY OF MERCER ISLAND, WA

AB 4497

January 4, 2010 Special Business

OATHS OF OFFICE AND MAYOR AND DEPUTY MAYOR ELECTIONS

Proposed Council Action: Swear in re-elected Councilmembers and elect Mayor and Deputy Mayor.

DEPARTMENT OF City Manager (Ali Spietz)

COUNCIL LIAISON n/a

EXHIBITS 1. City Council Rules of Procedure, Section 6

APPROVED BY CITY MANAGER

AMOUNT OF EXPENDITURE $ n/a

AMOUNT BUDGETED $ n/a

APPROPRIATION REQUIRED $ n/a SUMMARY Pursuant to RCW 35A.13 (which governs optional municipal code cities under the Council-Manager plan of government), the Mercer Island City Code and the City Council Rules of Procedure, newly elected and/or reelected Councilmembers are sworn into office and the mayoral election is held biennially at the first meeting of the year. At Monday's Council Meeting, the City Clerk will officially call the meeting to order, administer the oaths of office to re-elected Councilmembers and conduct the election for Mayor and Deputy Mayor. OATH OF OFFICE In November 2009, Mike Grady, Dan Grausz and Jim Pearman were elected by the citizens of Mercer Island to serve on the City Council. Each of these terms begins in 2010 and run for four years. The swearing-in ceremony is conducted by the City Clerk who will administer the oaths of office. Each Councilmember will be asked to repeat the following:

I, ____________, having been duly elected to the office of City of Mercer Island, Council Position No. ___ do solemnly affirm that I will faithfully and impartially discharge the duties of

this office as prescribed by law and to the best of my ability and that I will support and maintain the Constitutions of the State of Washington and of the United States of America.

Formal signature from each Councilmember is required. The City Clerk will present the Certificates of Election as provided by the King County Director of Elections. MAYORAL ELECTION

The Mayor is elected from among the Councilmembers for a two-year term. The Mayor presides at all Council meetings, votes as a Councilmember and does not have any veto power. At the Council meeting, the City Clerk will entertain a motion for "nominations" for a Councilmember to serve as Mayor. As described in the City Council Rules of Procedure (Exhibit 1), if only one nomination is made, it is appropriate to make a motion and obtain a second to instruct the City Clerk to cast a unanimous ballot for that nomination. However, if more than one nomination is made, an open election is conducted by roll call vote to decide among those nominated who shall be elected. Approval is by majority vote of Council members present. Upon the election of the Mayor, the City Clerk shall administer the oath of office to the Mayor, who shall thereupon assume the role of Chair for the meeting. The City Clerk will then proceed with the election of Deputy Mayor in accordance with the City Council Rules of Procedure (Exhibit 1). RECOMMENDATION

City Clerk MOVE TO: Nominate Councilmember ________________ to serve as Mayor. MOVE TO: Nominate Councilmember ________________ to serve as Deputy Mayor.

12

SECTION 6. MAYOR AND DEPUTY MAYOR 6.1 The Presiding Officer at all meetings of the Council shall be the Mayor, and in the absence

of the Mayor, the Deputy Mayor will act in that capacity. If both the Mayor and Deputy Mayor are absent, the Mayor will appoint another Council member as acting Mayor. If the Mayor fails to appoint an acting Mayor, the Council members present shall elect one of its members to serve as Presiding Officer until the return of the Mayor or Deputy Mayor.

6.2 The Presiding Officer shall:

(1) Preserve order and decorum in the Council chambers; (2) Observe and enforce these Rules; (3) Recognize Council members in the order in which they request the floor. The

Presiding Officer, as a Council Member, shall have only those rights, and shall be governed in all matters and issues by the same rules and restrictions as other Council members;

(4) Appoint Council members to serve on City Council Committees, ad hoc committees and to serve as liaisons to advisory boards and commissions; Recommend appointment of citizens to serve on advisory boards and committees; and

(5) Impose Council member sanctions for violation of these Rules consistent with Section 12 of these Rules.

6.3 Mayor and Deputy Mayor Elections

(1) Any Council Member may nominate a candidate; no second is needed. (2) Nominations are closed by a motion, second and 2/3 vote of Council. (3) If only one (1) nomination is made, it is appropriate to make a motion and obtain a

second to instruct the City Clerk to cast a unanimous ballot for that nomination. Approval is by majority vote of Council members present.

(4) If more than one (1) nomination is made, an open election is conducted by roll call vote.

(5) To be elected, the nominee needs a majority vote of the Council. (6) Elections will continue until a Mayor and Deputy Mayor are elected by a majority

vote of the Council. (7) The City Clerk shall declare the nominee receiving the majority vote as the new

Mayor. The new Mayor shall declare the nominee receiving the majority vote as the new Deputy Mayor. The Clerk shall swear the individuals into office.

AB 4497 Exhibit 1 Page 3

City of Mercer Island City Council Meeting Minutes December 7, 2009 1

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. 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 COUNCIL MINUTES SPECIAL MEETING DECEMBER 7, 2009


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 Litzow 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.


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


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


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.


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 Basset and Grady proponents of motion). Main motion failed 2-5 (Councilmembers Basset 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.


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 Basset 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

~flR CITY OF MERCER ISLAND PAYROLL SUMMARY

(-I

PAYROLL PERIOD ENDING 1211112009~~ , PAYROLL DATED 12/18/2009

Net Cash 398,564.54

Net Voids/Manuals 10,230.85

Federal Tax Deposit - Key Bank 65,247.54

Social Security and Medicare Taxes 31,565.39

Medicare Taxes Only (Fire Fighter Employees) 1,237.88

Public Employees Retirement System 1 (PERS 1) 330.53

Public Employees Retirement System 2 (PERS 2) 11,010.99Public Employees Retirement System 3 (PERS 3) 3,443.49

Public Employees Retirement System 2 (PERSJBM) 411.90

Public Safety Employees Retirement System (PSERS) 137.50

Law Enforc. & Fire Fighters System 1 (LEOFF 1) 0.00

Law Enforc. & Fire fighters System 2 (LEOFF 2) 18,781.33

Regence - Medical Insurance 9,103.96

Domestic Partner/Overage Dependant - Insurance 1,522.09

Group Health - Medical Insurance 886.24Health Care - Flexible Spending Accounts 3,681.20Dependent Care - Flexible Spending Accounts 1 .928.6 1Puget Sound Credit Union 6,521.62

United Way 241.23

ICMA Deferred Compensation 27,402.97

ROTH IRA 50.00

Child Support/Garnishment Payments 1,062.11

Ml Employees’ Association 128.75

Cities & Towns/AFSCME Union Dues 2,008.12

Police Union Dues 2,216.33

Fire Union Dues 1,442.70

Jewish Community Center Dues 103.54

AWC - Voluntary Life Insurance 233.30

Federal Reserve Bank of MN - US Savings Bonds 200.00

Unum - Long Term Care Insurance 704.25

AFLAC - Supplemental Insurance Plans 420.17

GET - Guarantee Education Tuition of WA 394.00

Coffee Fund 42.00

Miscellaneous 0.00

ITOTAL GROSS PAYROLL S 601,255.13 I

CITY OF MERCER ISLAND PAYROLL SUMMARY

PAYROLL PERIOD ENDING 1212512009PAYROLL DATED 1213112009

“~‘Iz1N o’° Net Cash 420,036.23Net Voids/Manuals 6,983.52

Federal Tax Deposit - Key Bank 66,930.32

Social Security and Medicare Taxes 30,721.93Medicare Taxes Only (Fire Fighter Employees) 1,308.08

Public Employees Retirement System 1 (PERS 1) 330.53

Public Employees Retirement System 2 (PERS 2) 11,296.45

Public Employees Retirement System 3 (PERS 3) 3,455.53Public Employees Retirement System 2 (PERSJBM) 411.90

Public Safety Employees Retirement System (PSERS) 137.50

Law Enforc. & Fire Fighters System 1 (LEOFF 1) 0.00

Law Enforc. & Fire fighters System 2 (LEOFF 2) 19,477.58

Regence - Medical Insurance 135.12

Domestic Partner/Overage Dependant - Insurance 0.00

Group Health - Medical Insurance 5.00

Health Care - Flexible Spending Accounts 3,488.89Dependent Care - Flexible Spending Accounts 1,928.61Puget Sound Credit Union 6,521.62United Way 241.23

ICMA Deferred Compensation 25,792.70

ROTH IRA 50.00Child Support/Garnishment Payments 0.00

Ml Employees’ Association 136.25

Cities & Towns/AFSCME Union Dues 0.00

Police Union Dues 0.00

Fire Union Dues 1,442.70

Jewish Community Center Dues 0.00

AWC - Voluntary Life Insurance 42.30

Federal Reserve Bank of MN - US Savings Bonds 200.00

Unum - Long Term Care Insurance 0.00

AFLAC - Supplemental Insurance Plans 0.00

GET - Guarantee Education Tuition of WA 394.00

Coffee Fund 0.00

Miscellaneous 50.00

I TOTAL GROSS PAYROLL $ 601,517.99


AB 4499

January 4, 2010 Regular Business

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

Proposed Council Action: Authorize the City Manager to sign the proposed interlocal agreement.

DEPARTMENT OF Parks and Recreation (Manny M. Ocampo)

COUNCIL LIAISON Jim Pearman Dan Grausz Steve Litzow

EXHIBITS 1. Proposed Interlocal Agreement

2. Memorandum from Supt. Dr. Gary Plano




APPROPRIATION REQUIRED $ n/a SUMMARY The City Council considered this item at its October 19, 2009 meeting. Following discussion, the Council directed staff to work with the School District to address concerns and issues identified at this meeting and return with a recommended interlocal at a time to be determined by the City Manager. Following discussions and analysis by the City Manager, City Parks and Recreation staff, and the attorneys from both the City and the School District, the recommended interlocal (Attachment 1) remains as presented at the October 19th Council meeting. The Mercer Island School Board approved the proposed Interlocal Agreement on October 9, 2009. At the October 19th Council meeting, concerns were voiced about the availability of the high school’s fields for casual drop-in use. To clarify, Superintendent Gary Plano has sent the City Manager a memorandum (attached as Exhibit 2) that reassures the Council and community that drop-in use will continue on the JV Field and field adjacent to Mary Wayte Pool. In addition, the Stadium may be made available during non-school operating times (holidays, etc.), pending further consideration by District staff. The following narrative, included in the October 19th Agenda Bill provides background and summary information related to the recommended interlocal. The City entered into an interlocal agreement in 2003 with the Mercer Island School District for the improvement, scheduling, use and operations of the Mercer Island High School Stadium and other facilities.

As consideration in this previous agreement, the City contributed $500,000 towards the purchase and installation of the new synthetic turf at the Stadium. Per this 2003 interlocal, the agreement terminated upon the expiration of the useful life of the synthetic turf or until the synthetic turf was replaced, whichever came later. As the Council is aware, the synthetic turf on the Stadium field was replaced by the School District at its sole expense in August of this year. Thus, it became advisable for a replacement interlocal to be considered by the City and the School District at this time. Per Council and School Board direction, a staff team comprised of representatives from the City Parks and Recreation Department and the School District were tasked with preparing a draft replacement interlocal for potential consideration. Subsequently, a draft interlocal was cooperatively developed by the staff team and presented to the City/School District Ad Hoc Committee on October 1, 2009. As is noted below, the most prominent change from the previous agreement is the fact that the City is not being asked to contribute any capital funds for the purchase, installation or maintenance of the new synthetic turf at the Stadium. The Ad Hoc Committee reviewed the draft interlocal and following considerable discussion, reached consensus in recommending the attached proposed interlocal for Council and School Board consideration (Exhibit 1). The key elements of the proposed interlocal include the following:

• The City is not being asked to contribute any capital dollars for future replacement or maintenance of the Stadium turf.

• The proposed interlocal acknowledges the City’s original contribution of $500,000 towards the

previous Stadium turf project and that the District replaced the synthetic turf system in 2009 out of District funds, as the previous interlocal stipulated.

• The term of the proposed interlocal is 5 years, with additional five year periods available by mutual

agreement. • The proposed interlocal includes a change of use focus from “recreational” sports to “organized”

sports. Accordingly, use that is “appropriate for this type of facility” will be the focus. • The interlocal includes the Stadium track as a schedulable facility. A fee will be charged for track

use; however the proposed interlocal sets this fee at a minimal $5 per year. • The proposed interlocal eliminates the previous estimates for expected hour use by all non-District

users, including Mercer Island Parks and Recreation, of the Stadium field. These estimates proved to be inaccurate.

• The proposed interlocal requires the Stadium facilities to be secured at all times. Keys for all areas

will be issued or other means of access provided by the District. The District will also provide a minimum of 4 sets of keys to the City for access to Stadium areas related to City activities. The District will issue keys to community members desiring access to the track for running during posted times and hours.

• The proposed interlocal adopts a new fee schedule. The schedule eliminates the custodian fee

previously assessed to field users, instead rolling into the overall facility fee a “facility attendant” element. It is important to note that this revised rate is less for all users when compared to the previous rates plus the custodian fee. The proposed interlocal calls for the rates to be reviewed and adjustments considered on an annual basis.

• There will continue to be a turf premium charged for the use of the synthetic turf Stadium field, as

described in the new fee schedule while confirming that neither the District nor the City will be charged a rental or administrative fee for the use of the Stadium without mutual agreement.

• The proposed interlocal also establishes a new gym fee for use of the North Mercer Gym. • The Ad Hoc committee worked carefully to come to consensus regarding the language in Section

5(B) to ensure that the District uses reasonable efforts to maintain at least the overall amount of community use of these facilities that is consistent with usage patterns during the last full annual period (i.e. September 1, 2008 – August 31, 2009).

• The proposed interlocal continues to stipulate that the City is responsible for scheduling of the

facilities addressed in the interlocal per adopted BUG policies. Thus, as in the past, the benefits to the community of centralized scheduling and pre-approved prioritization policies continue with the proposed Stadium interlocal.

In conclusion, the proposed interlocal recognizes the significant capital and operational investment the School District is making in these facilities by providing a partially user based revenue structure and clarifying appropriate uses for the facilities. The interlocal also ensures that the City, as well as the community as a whole, continues to benefit from the demonstrated value of centralized and coordinated scheduling. The interlocal acknowledges the value the adopted BUG policies and procedures bring to the management of the City and School District’s limited sports facility resources. RECOMMENDATION

Interim Parks and Recreation Director MOVE 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.


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 THIS INTERLOCAL AGREEMENT (“Agreement”) is made and entered into between the City of Mercer Island (“City”), a Washington municipal corporation and the Mercer Island School District (“District”), a Washington corporation. A. The City and District enter into this Agreement pursuant to and as authorized by the

Interlocal Cooperation Act (Chapter 39.34); and B. The City and District partnered to improve the Mercer Island High School Stadium with the

installation of a new synthetic field turf system and synthetic track surface in 2002; and C. The City and District are mutually interested by means of this Agreement in maintaining the

condition of the Mercer Island High School Stadium in order to expand and enhance its use by both the schools and community; and

D. In 2002, the City contributed Five Hundred Thousand Dollars ($500,000) toward the Stadium

Improvement Project in exchange for the City acting as the coordinator for scheduling of District and non-District use of the Stadium and other associated District facilities as identified in Exhibit II herein; and

E. The District replaced the synthetic field turf system in 2009 using District funds. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and covenants contained herein, and for other good and valuable consideration, the parties agree as follows: 1. TERM This Agreement shall be effective when fully executed by all the parties and shall continue until August 31, 2014. The City will maintain the responsibility for scheduling use of the Stadium. This agreement can be extended for additional five year periods by consent of the parties. 2. DEFINITIONS A. “BUG” means those Ballfield User Group members described in Exhibit I to this Agreement. B. “Stadium" means that certain sport stadium located at the Mercer Island High School at

9100 SE 42nd, Mercer Island, Washington and includes the bleacher areas and announcer’s booth, field lights, restrooms, athletic field, track surfaces, and track and field elements contained within the Stadium area, and excludes the concession stand area,

Interlocal Agreement Between The City of Mercer Island and the Mercer Island School District for Development, Scheduling, Use and Operations of the Mercer Island High School Stadium


C. “Stadium Improvement Project” means those improvements which have been made to the

Stadium by the District including replacing the existing turf with artificial turf. D. "Scheduling Software" means the City's Class activity registration and facility scheduling

software or any successor City operated scheduling software. 3. GENERAL PROVISIONS OF THE AGREEMENT For good and valuable consideration, the City and District agree as follows: A. The subject of this Agreement is the scheduling, use and operations of the Stadium. B. The City shall schedule all non-District use of the Stadium and the District facilities

identified in Exhibit II herein through its Scheduling Software, in conjunction with District staff.

C. The City will collect and transfer fees from user groups as described in Section 8 of this

Agreement. D. The maintenance and replacement of the stadium surfaces shall be the sole responsibility of

the District. E. The Stadium uses authorized by this Agreement are both a municipal and an educational

purpose. F. The parties will establish procedures to encourage cooperative working relationships between

City and District personnel at all levels and to quickly resolve issues. G. The parties will act in good faith to implement the terms of the Agreement. H. This Agreement is intended to enhance and not interfere with the primary mission of City or

District governance. I. Where possible, the City and District will pursue opportunities to develop and improve

facilities and equipment to support programming by both parties. J. All use programming and activities scheduled under this Agreement will comply with City

and District policies prohibiting discrimination.

K. The District utilizes the Scheduling Software for (i) the Stadium; (ii) those District facilities currently loaded in the Scheduling Software and described in Exhibit II; and (iii) such other District facilities agreed to by the City and the District.



4. GENERAL GUIDELINES FOR SCHEDULING AND USE A. The Stadium and District facilities identified in Exhibit II herein are intended primarily for

school and educational purposes, and are for the benefit of students and the school age population.

B. The City and District seek to increase general community access to and use of the Stadium.

The Stadium is intended to be used jointly, for school and community organized sports purposes, for the benefit of District students, the District, and the City at large. The track at the Stadium is intended to be used for organized sports and the physical fitness of District students and Mercer Island community members.

C. In planning programs and scheduling activities on school grounds, the security, academic,

athletic and physical fitness needs and opportunities of school aged children will be the highest priority and shall be adequately protected.

D. Users will be expected to cooperate in expediting repair of damage which may occur as a

result of scheduled programs. 5. PRIORITIZATION - SCHEDULING

A. Stadium use shall be scheduled considering a combination of factors including age group

served and residency. School District and Parks and Recreation users shall receive highest priority. Other groups or organizations are scheduled based upon the age group served (youth organizations higher priority than adult organizations) followed by residency (Mercer Island residents higher priority than non-residents), as follows:

1. Group 1- District and City Use (Rental/Use Fee Waived Pursuant to Section 8)

(i) First Priority- Mercer Island School District. (ii) Second Priority- Mercer Island Parks and Recreation activities and events.

Such use shall be no more than 25% of the available time remaining after School District uses.

2. Group 2 - Youth and Adult Organizations (Rental/Use Fee Collected Pursuant to

Section 8) (i) First Priority - Youth organizations or teams whose members reside in the City

of Mercer Island. Youth organizations when 75% or more of its members reside within the City of Mercer Island.

(ii) Second Priority - Adult organizations when 75% or more of its members reside

within the City of Mercer Island.



(iii) Third Priority - Youth organizations or teams when less than 75% of its members reside within the City of Mercer Island.

(iv) Fourth Priority - Adult organizations when less than 75% of its members reside

within the City of Mercer Island.

B. Subject to Section 5(C) below, the District will use reasonable efforts to maintain at least the overall amount of Category 2 use of the Stadium consistent with usage patterns during the last full annual period prior to the beginning of the term of the Agreement (i.e. September 1, 2008 – August 31, 2009).

C. The District retains the final authority to restrict access and use by any party if such use

interferes with the District’s programs or activities. Nothing in this provision shall modify the District’s obligations to the City as otherwise set forth in this Agreement.

6. ANNUAL SCHEDULING CONFIRMATION PROCESS A. The City and District agree to conduct joint scheduling conferences with other users as

needed in January (for the period April to June), April (for the period July to September), August (for the period October to December) and October (for the period January to March) of each year and additionally as needed to coordinate time requirements of the various user groups. Blocks of time will be allocated throughout the day, week and year for use by the District, City and other user groups, in accordance with the priorities established in Section.

B. For purposes of this agreement the Stadium is assumed to be available for District and non-

District uses between 8 a.m. and 10 p.m. daily. C. Resolving Space Availability Conflicts

1. The mutual goal of the City and District will be to maintain program continuity, giving adequate notification of scheduling changes or facility use to allow completion of a program cycle, and where necessary, to relocate programming. When possible, each party will assist the other in locating alternative space.

2. In the event of scheduling conflicts, facility-based representatives will first attempt to

reach resolution on space availability issues. When the conflict involves more than one City and District program, all parties will be informed and involved in resolving the conflict. The central scheduling offices of both parties will, whenever possible, identify options or ways to accommodate the interests of both parties. If agreement cannot be reached on a scheduling request, the issue will be referred to the District Athletic Director or designee and the Parks and Recreation Director or designee. If agreement cannot be reached by these parties, the Superintendent of Schools or designee shall resolve the matter with consultation of the City Manager.



D. Interagency Training.

1. The City and District shall cooperate in developing a training and orientation program for key personnel involved in implementing this Agreement including school principals, secretaries, activity and recreation coordinators, coaches, athletic directors, facility coordinators, physical education teachers, and maintenance staff. Topics to be covered include the history and purpose of joint use, benefits to students/families and City residents, specific provisions established by this Agreement and key implementation procedures.

7. PROCEDURES FOR MANAGING STADIUM USE A. Central Coordination, Permitting, Record-keeping and Problem Resolution

1. The City Parks and Recreation Department will formally permit all organized sports non-District uses and maintain the annual joint use schedule pursuant to the Scheduling Software and in consultation with District representatives.

2. For Group 2 users as identified in Section 5, permit forms shall stipulate the organized

sports use and program for which the permit is being issued, name of person responsible for supervision, spaces and equipment authorized for use, dates and hours of use, requirements for special service and any other information required.

3. The City shall maintain accurate records of use, and shall track and report scheduling issues occurring under this Agreement.

4. Representatives from the District and the City shall form a Stadium Advisory Committee. This committee will meet as needed, but no less than quarterly, to provide operational coordination and planning, and a regular forum for problem resolution on such issues as scheduling conflicts, maintenance, security and vandalism.

B. Changes in Policy, Budget or Organization

1. When either the City or District contemplates a change in policy, budget or organization that could impact the joint use of the other, that agency will consult with the other party far enough in advance so that the other agency can analyze the impacts and plan for the change.

C. Temporary Rescheduling of Priority Use

1. In the event a user group informs the City of its inability to utilize its scheduled priority use, the City may schedule other uses temporarily until the user group is ready to resume its scheduled priority use.



D. Single Use Requests

1. Requests to use the Stadium outside of the annual scheduling confirmation process should be submitted to the City’s Parks and Recreation Department. The City will verify in advance with the District Athletic Office that the facility is available at the date and time requested. The request will only be granted if the allotted time and space is available.

E. Use Requirements

1. Stadium management is intended to maximize site access and support of non-District/City organized sports purposes. The District will provide Stadium management services. In order to ensure consistent Stadium management services, the City and District will explore the potential for training City staff as Stadium managers.

2. Security, parking control, and crowd control are the responsibilities of the user group.

3. The user group shall assure the City that all unauthorized vehicles are kept off the

Stadium field and away from unauthorized areas.

4. The City and District shall jointly promulgate site operating rules consistent with adopted District policies, regulations, procedures and adopted City ordinances, policies, and resolutions to ensure the safety and welfare of all site users.

F. Access/ Facility Keys

1. The Stadium will be secured at 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.

G. Facility Maintenance Responsibilities

1. With each use, the user group shall be responsible for the pre- and post-occupancy preparations. The Stadium will be returned to the condition which preceded use by each user group. Where possible and necessary, access to cleaning supplies will be provided by the District.

2. All user-group owned equipment, materials and gear shall be removed from the Stadium

immediately after each use, unless prior arrangements have been made with the District. 3. The District shall be responsible for the primary maintenance to the Stadium to the

standard traditionally provided to serve its educational and athletic programs.



H. Access to storage

1. When possible, the District shall make available storage space on site for City program equipment and supplies.

I. Restitution and Repairs

1. The user group shall be responsible to reimburse the District for the repair or damage to a space or area of the Stadium and for District equipment or owner property missing from the Stadium which may occur as a result of scheduled programs for which a permit has been issued. The District shall be solely responsible for enforcing all of the terms and conditions of any user agreements, including without limitation, seeking reimbursement for damage to the Stadium, equipment or other personal property.

2. Inspection of facilities- The District shall, through its designated representative, inspect the Stadium following use by a permitted user group. Inspection shall be directed toward identification of damage to the facilities, field, track and equipment or missing property that may have been caused by the user group through conduct of its program.

3. Reporting method- The District shall notify the user of damage or loss within three (3)

working days after inspection.

4. Damages need to be resolved between the District and user group. If not resolved, the District may direct the City to cease renting the Stadium to the user group.

8. FEES AND CHARGES A. The City will use best efforts to collect fees (rental and administrative) from user groups and

such fees (less City administrative fee) will be transferred to the District according to a schedule to be agreed to by the two parties consistent with District accounting requirements (Exhibit III). These rates shall be reviewed and adjusted annually. The parties agree that Group 2 users as identified in Section 5 will be charged rental fees consistent with this Section. Neither the District nor the City shall be charged a rental or administrative fee for the use of the Stadium without mutual agreement.

B. In addition, the City may charge Group 2 users for extra material, labor and appropriate overhead costs that either the City or the District may incur because of their use of the facility, including but not limited to property damage, unsecured gates and locks, security response, leftover trash and garbage, etc.

The District shall establish an appropriate rental fee structure for Group 2 users based upon fair market value for rental of similar facilities/amenities (field rental, track rental, light use, equipment preparation, damage deposits, key deposits, etc.) owned and/or operated by other similar school districts and shall adopt such policies accordingly; provided, however, all City and District use is free and provided further, all other BUG users shall receive a thirty percent (30%) discount on such rental fees, exclusive of City administrative fees. In



addition, the District shall charge a fee to community members desiring access to the track for running during designated times and hours.

9. LIABILITY AND INSURANCE A. The City and District agree to provide each other with evidence of insurance coverage, in the

form of a certificate of insurance from a solvent insurance provider and/or a letter confirming coverage from a solvent insurance pool, which is sufficient to address the insurance and indemnification obligations set forth in this Agreement.

B. The City and District shall obtain and maintain throughout the term of this Agreement coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage on an occurrence basis.

10. HOLD HARMLESS/INDEMNIFICATION: A. The District shall indemnify and hold harmless the City and its officers, agents, and

employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent action or omission of the District, its officers, agents, and employees, or any of them, in performance of this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the District shall defend the same at its sole cost and expense; provided, that, the City retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and the District and their respective officers, agents, and employees, or any of them, the District shall satisfy the same.

B. The City shall indemnify and hold harmless the District and its officers, agents, and

employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them in performance of this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the District, the City shall defend the same at its sole cost and expense; provided that the District retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against the District, and its officers, agents, and employees, or any of them, or jointly against the District and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same.

C. The parties hereby waive, as to each other only, their immunity from suit under industrial

insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the parties. D. The provisions of this Section shall survive any termination or expiration of this Agreement.



11. ASSESSMENT OF JOINT USE OUTCOMES A. The City, in consultation with the District, will prepare an annual report on Stadium use,

including a summary of the total annual hours of facility use supported by this Agreement, benefits derived, penalties assessed, and an assessment of scheduling or operational issues.

This annual report shall be made available annually, during the month of September, to the Superintendent of Schools, the City Parks and Recreation Director, the Mayor and City Council, School Board President and members of the School Board. Copies of this report shall also be made available on the City and District websites, as well as at City and District offices.

12. INTERAGENCY COORDINATION A. The Stadium Advisory Committee will:

1. Coordinate implementation and oversee preparation and distribution of the Annual Joint Use Report; and

2. Review this Agreement by November 1 of each year, particularly its guidelines,

scheduling process, operating procedures, exchange of benefits, access and fees. Operational changes jointly agreed upon in this review will take effect in the upcoming school year; and

3. Either party can initiate a special meeting to discuss interim problems or propose

amendments to this Agreement. 13. GENERAL PROVISIONS A. This Agreement contains all of the agreements of the parties with respect to any matter

covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the parties.

B. Any provision that is declared invalid or illegal shall in no way affect or invalidate any other

provision. C. In the event any party defaults on the performance of any terms of this Agreement or any

party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, the prevailing party shall be entitled to an award of all its reasonable attorney fees, costs, and expenses.

D. Failure of any party to declare any breach or default immediately upon the occurrence

thereof, or delay in taking any action in connection therewith, shall not constitute a waiver of such breach or default.



E. Any action, suit, or judicial proceeding for the enforcement of this Agreement shall be brought and tried in the Superior Court or the State of Washington in King County.

F. The laws of the State of Washington shall govern this Agreement. G. The parties agree that this Agreement is consistent with RCW 43.09.210, the "Accountancy

Act". The City is receiving adequate consideration from the District in exchange for its payment. The District consideration consists of its transfer of control of the scheduling of the Stadium to the City and allowing additional public use of the Stadium.

14. TERMINATION A. Each party shall have the right to terminate this Agreement in the event the other party is in

default of any material term or condition of this Agreement by providing thirty (30) days’ advance written notice specifying the basis for such determination. If the other party thereafter fails to commence reasonable steps within the thirty-day period to correct fully and to remedy the default within ninety (90) days from the date of the notice, then the Agreement shall be deemed terminated; provided that, if the nature of the default is such that it cannot be remedied within ninety (90) days, then the Agreement shall not terminate so long as the party in default is proceeding promptly to remedy the default and does so within such additional period as may be agreed by the parties. In the event the District terminates this Agreement following the City’s default, the District shall have no obligation to reimburse the City for any amount.

B. This Agreement may be terminated in whole or in part at any time by either the City or the

District, prior to its expiration, for good cause upon ninety (90) days written notice. Good cause shall include the following items: (1) financial hardship as demonstrated by a City Council or District Board of Directors resolution; and (2) the District’s need to recapture school grounds for school purposes as demonstrated by a District Board of Directors resolution. In the event such termination affects only part of the Agreement (e.g., the Stadium or any one of the other District facilities), such termination will not impact the requirements of this Agreement for the remaining elements.

This Agreement has been executed in duplicate by the parties hereto and made effective when all parties have fully executed this Agreement. CITY OF MERCER ISLAND MERCER ISLAND SCHOOL DISTRICT _______________________________ __________________________________ Richard M. Conrad Gary Plano, Ph.D. City Manager Superintendent Dated: _______________________ Dated: __________________________



APPROVED AS TO FORM: APPROVED AS TO FORM: ______________________________ ________________________________ Katie H. Knight Denise Stiffarm City Attorney Attorney for School District



EXHIBIT I

BALLFIELD USER GROUP MEMBERS Ballfield User Group members are established organizations whose primary mission is to serve youth and/or adult populations of Mercer Island:

• City of Mercer Island Parks & Recreation Department • Mercer Island School District • Mercer Island Boys & Girls Club • Mercer Island Youth Soccer Association • Mercer Island Lacrosse Association • Stroum Jewish Community Center



EXHIBIT II

DISTRICT FACILITIES TO BE SCHEDULED THROUGH SCHEDULING

SOFTWARE

• Mercer Island High School Stadium • Mercer Island High School Practice Field • Mercer Island High School Upper North JV Field • North Mercer Gym



EXHIBIT III

FEE SCHEDULE

BUG Youth BUG Adult Class I Class II Class III

Natural Grass Fields $20 $20 $30 $40 $40

Synthetic Turf Fields $52 $52 $75 $105 $145

Gyms $30 $30 $40 $50 $50

Additional Field Fees: *Additional MIHS Stadium Fees: BUG: Mercer Island Boys & Girls Club,

Lights: 10% booking surcharge per contract Stroum Jewish Community Center, High School Stadium, $20/hr $25/event Press Box (optional) Mercer Island Youth Soccer,

$25/event Concessions (optional) Mercer Island Lacrosse Club, $25/event Ticket Booth (optional) Mercer Island Parks & Recreation,

Mercer Island School District Class I: Non-profit, at least 75% residency Class II: Non-profit, less than 75% residency Class III: Commercial for-profit

Field use is charged by the hourMIHS JV Field

MIHS Upper North Field

MIHS Stadium

North Mercer Gym (Gym Fee effective Jan 1, 2010)

District Fee for Community Member access to track during designated times and hours: $5 per year.

Mercer Island School District #400 SUPERINTENDENT SERVICES

4160 86th Avenue S.E. • Mercer Island, WA 98040-4196 (206) 236-3300 • Fax (206) 236-3333

Dr. Gary Plano Superintendent

Jan LaFountaine Executive Assistant

December 28, 2009 M E M O R A N D U M To: Rich Conrad City Manager, City of Mercer Island From: Gary Plano, Ed. D. Copy to: Dean Mack

Executive Director, Business Services and Human Resources

Keith Ellis Director of Maintenance and Operations

Re: Community Access to Fields Consistent with our discussions regarding the public’s access to our fields, this memorandum is intended to communicate those conversations in writing. All of our fields, including those fields behind and adjacent to Mary Wayte Pool, will remain open and unlocked for use by the community during non-school times. The exception is when the maintenance team is restoring the JV field after heavy use and/or when the team fertilizes the north fields. The maintenance team coordinates field restoration with the City’s maintenance crew in order to avoid closing all of the Island’s fields at the same time. Inter-local agreements between the Mercer Island School District and the City of Mercer Island outline the process for the community’s scheduled use of all of our fields including the Stadium. Casual, non-scheduled use will be permitted to the extent that such fields, including Islander Stadium, are not in use by our students or have been scheduled for use by community groups. Presently, I am studying the issue of keeping the Stadium open during holidays (e.g., Thanksgiving, school break in December, etc.). I will notify you as soon as a decision has been made. Also, the Key Card System for the Stadium is planned for late winter.



AB 4493January 4, 2010

Regular Business

RECOMMENDED COUNCIL ACTIONS TO REDUCE UNDERAGE DRINKING ON MERCER ISLAND

Proposed Council Action:

Select options to leverage Council authority to support a long term strategy to reduce underage drinking on Mercer Island

DEPARTMENT OF Youth and Family Services (Cynthia C. Goodwin)

COUNCIL LIAISON Mike Cero

EXHIBITS n/a




APPROPRIATION REQUIRED $ n/a

SUMMARY At the 2009 City Council Planning Session, members of the Council expressed their interest in reducing underage drinking on Mercer Island. Upon Council direction, a Mercer Island Youth Drug and Alcohol Use and Community Response White Paper was presented to the Council at their meeting of September 6, 2009. The presentation detailed the current prevention efforts from four key youth-serving entities and outlined the status and future steps of an environmental strategy to reducing underage drinking. Included in this paper were options for the Council to play a role in this community process that would support the evidenced based, proven effective strategy of the YFS Department’s Communities That Care project. After the presentation and Council deliberation, staff was directed to return to Council with greater specificity and detail regarding potential roles for council in the following areas:

1. Messaging: funding of Public Service Announcements for broadcast on MI-TV Channel 21 and use of other media for Council messaging.

2. Parent Education/Information: improving communication to parents on youth drug and alcohol abuse.

3. Fines and Fees: Increasing drug and alcohol fines and fees to support Island prevention efforts This agenda bill further outlines the proposed options for Council actions in the above three areas as well as some additional activities. 1. Messaging

A. Annual message regarding the state of reducing underage drinking on the Island and an annually updated proclamation: At the beginning of each year, set aside agenda time for an annual update on the process/progress of addressing underage drinking by the City and the community at large. The annual proclamation would state the Council’s commitment to the long term work required to change this community norm.

B. Council Statement: Create a mantra that speaks positively about our community strengths and conveys the City Council’s commitment to reducing underage drinking. Examples of possible mantras:

“As a Council we are working together with youth, parents, youth service providers, citizens of all ages and the faith community to ensure that our children develop to their highest potential. As part of this goal the City Council strongly supports all community activities aimed at reducing underage drinking.”

“Mercer Island is a community that cares for the well being of all its citizens. The Mercer Island City Council is joining together with the community to reduce underage drinking.”

The Mercer Island City Council is proud to be a part of a Community That Cares for all citizens. The council is actively working to reduce underage drinking.”

C. Author annual Back-to-School Forum in Mercer Island Reporter: MIYFS will provide talking points and the Council authorship will rotate.

D. MI Quarterly: Provide designated space for tips, updates and actions for parents or community members in the City’s publication that reaches every Island residence.

E. Publicly state to youth the City’s focus on reducing underage drinking: Place a notice in the MIHS and IMS school papers stating the Council’s commitment to the issue.

F. MI Weekly: MIYFS staff will provide short, useful tips and information for the community and parents on actions they can do that will help in this community wide effort. Example of possible tip:

“Did you know that helping teens get enough sleep, taking technology and games out of their bedroom and making sure they have the right amount of Omega 3 oils in their diet can positively increase the likelihood that they will not drink?”

2. Parent Education/Information

A. Council supports and endorses the YFS Department creation of an Ad Hoc Parenting Committee in 2010: YFS will develop a Parenting Committee in 2010 with key stakeholders to review parenting role in reducing underage drinking. Parent coaches, parent educators, Island parents and prevention specialists will review issues, trends, family norms and the parenting role as it relates to reducing underage drinking on the Island.

B. Endorse annual Positive Parenting campaign: Endorse an annual theme-based, best practice parenting campaign that aims at educating adults on the Island on the steps they can take and the role they can play to reduce underage drinking in the life of their children, grandchildren or other Island youth.

3. Fines and Fees:

Currently fines or fees levied against youth or adults convicted of charges related to drinking are placed in the General Fund. The fines and fees are set in state law and are imposed by the City’s Municipal Court judge. The Council could direct the staff to earmark all or a portion of alcohol-related fines and fees for programs connected to underage drinking. Focusing on fines related to minor-in-possession convictions is not likely to generate significant funds given the number of cases and the level of fines levied by the court. Alternatively, the Council could earmark all fines and fees collected in Driving-Under-the-Influence (DUI) convictions. 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. 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. Council members attend and observe a facilitated public meeting designed to gather information from community parents and adults on existing adult norms surrounding youth drinking. This process and the information gathered will provide the feedback needed to assist in the message development for educating island parents about their role in 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. In June 2009 at the Senior Assembly, Mayor Pearman presented two youth with an award in Leadership Prevention.

The above outlined options are provided to the Council in an effort to execute the Council’s expressed interest in reducing underage drinking on Mercer Island. These suggestions are a starting point. In the coming years, as the City collaborates with the other youth serving organizations on the Island to address this issue, the Youth and Family Services department will continue to provide the Council with options relevant to leveraging their support to address the emerging issues related to youth underage drinking.

RECOMMENDATION

Youth and Family Services Director MOVE TO: Adopt recommended Council options as presented in AB 4493.

Items highlighted in green are on the 2009 Council Work Plan 1 Updated: 12/30/2009 11:48:01 AM All agendas and items are subject to change.

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 4

Item Type Topic/Presenter Time

Special Business Oaths of Office and Mayor and Deputy Mayor Elections – A. Spietz 20

Regular Business Interlocal Agreement with School District for High School Stadium Use – M. Ocampo 15

Regular Business Communities That Care Options for the City Council – C. Goodwin 45

JANUARY 19 (TUESDAY)


Special Business Veterans and Human Services Levy Presentation 15

Consent Calendar Amendment to Interlocal Agreement with King County Jail Services – E. Holmes ‐‐

Regular Business Interlocal Agreement with City of Bellevue for Marine Patrol Services – E. Holmes 30

Regular Business Temporary Encampments Ordinance (1st Reading) – K. Knight 90

JANUARY 22‐24

2010 Council Planning Session (CCMV)

FEBRUARY 1


Regular Business Temporary Encampments 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 Operational Plan – G. Boettcher & R. Lin 30

FEBRUARY 16 (TUESDAY)


Consent Calendar Northwest Center Pool Annual Report – D. Mortenson ‐‐

Regular Business 1% for Public Art Banner Proposal – A. Britton 20

Regular Business Planning Commission 2010 Work Program – G. Steirer 30

Regular Business Comprehensive Plan Amendment Process Overview – G. Steirer 45

Regular Business Pedestrian and Bicycle Facilities Plan Briefing 60

Items highlighted in green are on the 2009 Council Work Plan 2 Updated: 12/30/2009 11:48:01 AM All agendas and items are subject to change.

MARCH 1


Regular Business 78th Ave Sculpture Garden Plaza – Parks & Rec. Director 30

Regular Business ARCH Fall Trust Fund Recommendations (no presentation) – J. Trantina 5

Regular Business 2010 ARCH Work Program (no presentation) – J. Trantina 5

Regular Business ARCH Interlocal Agreement – J. Trantina 15

Regular Business Pedestrian and Bicycle Facilities Plan Discussion 60

MARCH 15


Regular Business Pedestrian and Bicycle Facilities Plan Adoption 60

OTHER ITEMS TO BE SCHEDULED:

Senior Commission Work Plan – C. Goodwin School Bus Storage – R. Conrad & G. Boettcher Electrical Code Adoption – S. Lancaster Pedestrian and Bicycle Facilities Plan Update Adoption – S. Lancaster

COUNCILMEMBER ABSENCES:

None

city council monday january 4, 2010 meeting … · · 2009-12-31final acceptance of grants, deeds...

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