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CITY OF MERCER ISLAND CITY COUNCIL MEETING AGENDA Monday November 17, 2014 5:30 PM Mayor Bruce Bassett Deputy Mayor Dan Grausz Councilmembers Debbie Bertlin, Jane Brahm, Mike Cero, Tana Senn, and Benson Wong Contact: 206.275.7793, [email protected] www.mercergov.org/council All meetings are held in the City Hall Council Chambers at 9611 SE 36th Street, Mercer Island, WA unless otherwise noticed “Appearances” 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. Please note: the Council does not usually respond to comments during the meeting. REGULAR MEETING EXECUTIVE SESSION, 5:30 PM To discuss with legal counsel representing the agency litigation or potential litigation to which the agency is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency pursuant to RCW 42.30.110(1)(i) for approximately 30 minutes BREAK FOR MI TRANSPORTATION BENEFIT DISTRICT BOARD MEETING, 6:00 PM The Council will take a break from 6:00 - 7:00 pm for a Mercer Island Transportation Improvement District Board Meeting. The agenda can be found here: www.mercergov.org/tbdagenda CALL TO ORDER & ROLL CALL, 7:00 PM APPEARANCES MINUTES (1) Executive Session and Regular Meeting Minutes of October 20, 2014 CONSENT CALENDAR (2) Payroll: $683,146.16 (10/31/14) REGULAR BUSINESS (3) AB 5019 Revision to Shoreline Master Program Update (1st Reading) (4) AB 5021 2015-2016 Preliminary Budget Review: Finalize Budget Changes and Adopt Tax and Fee Ordinances and Resolutions OTHER BUSINESS Councilmember Absences Planning Schedule Board Appointments Councilmember Reports ADJOURNMENT
Transcript

CITY OF MERCER ISLAND CITY COUNCIL MEETING AGENDA

Monday November 17, 2014

5:30 PM

Mayor Bruce Bassett Deputy Mayor Dan Grausz

Councilmembers Debbie Bertlin, Jane Brahm, Mike Cero, Tana Senn, and Benson Wong

Contact: 206.275.7793, [email protected] www.mercergov.org/council

All meetings are held in the City Hall Council Chambers at 9611 SE 36th Street, Mercer Island, WA unless otherwise noticed

“Appearances” 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.

Please note: the Council does not usually respond to comments during the meeting.

REGULAR MEETING

EXECUTIVE SESSION, 5:30 PM

To discuss with legal counsel representing the agency litigation or potential litigation to which the agency is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency pursuant to RCW 42.30.110(1)(i) for approximately 30 minutes

BREAK FOR MI TRANSPORTATION BENEFIT DISTRICT BOARD MEETING, 6:00 PM

The Council will take a break from 6:00 - 7:00 pm for a Mercer Island Transportation Improvement District Board Meeting. The agenda can be found here: www.mercergov.org/tbdagenda

CALL TO ORDER & ROLL CALL, 7:00 PM

APPEARANCES

MINUTES

(1) Executive Session and Regular Meeting Minutes of October 20, 2014

CONSENT CALENDAR

(2) Payroll: $683,146.16 (10/31/14)

REGULAR BUSINESS

(3) AB 5019 Revision to Shoreline Master Program Update (1st Reading)

(4) AB 5021 2015-2016 Preliminary Budget Review: Finalize Budget Changes and Adopt Tax and Fee Ordinances and Resolutions

OTHER BUSINESS Councilmember Absences Planning Schedule Board Appointments Councilmember Reports

ADJOURNMENT

City of Mercer Island City Council Meeting Minutes October 20, 2014 1

EXECUTIVE SESSION

Executive Session #1: To discuss with legal counsel representing the agency, litigation or potential litigation to which the agency is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency pursuant to RCW 42.30.110(1)(i) for approximately 20 minutes.

Executive Session #2: To discuss with legal counsel representing the agency, litigation or potential litigation to which the agency is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency pursuant to RCW 42.30.110(1)(i) for approximately 20 minutes.

Executive Session #3: To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price pursuant to RCW 42.30.110(1)(c) for approximately 20 minutes.

At 5:00 pm, Mayor Bassett convened the three Executive Sessions (noted above) for approximately one hour.

At 5:58 pm, Mayor Bassett adjourned the Executive Sessions.

CALL TO ORDER & ROLL CALL

Mayor Bruce Bassett called the meeting to order at 6:01 pm in the Council Chambers of City Hall, 9611 SE 36th Street, Mercer Island, Washington. Councilmembers Debbie Bertlin, Jane Brahm, Mike Cero, Tana Senn, Benson Wong, Deputy Mayor Dan Grausz, and Mayor Bruce Bassett were present.

APPEARANCES

Mayor Bassett spoke about the evening's agenda and the request from a citizen to play a video regarding the

Mercer Island Library. He welcomed speakers, but asked that comments be kept short due to the length of the council meeting.

Cornelia Schneider, 8541 East Mercer Way, distributed flyers regarding the Mercer Island Library at the MIHS

homecoming parade. She noted that she received two types of responses, one was complete surprise and disbelief and the other one was resigned disgust. She asked the Council to write a letter to the KCLS Board asking that the remodel be put off until the new director is hired in November. She believes it is important to refresh, remodel and modernize the library using green design techniques and asked that a moratorium be placed on this project.

Deputy Mayor Grausz noted that the Council made the decision several months ago to do what it could to

influence KCLS and the renovation. He stated that the City has no power to stop the project nor has any power to change the renovations, but that the Council has made a deliberate decision to try and influence the process through a citizen's committee. He noted that the public fervor is amazing, and wanted the public to know that the Council is listening and is not letting up.

Councilmember Cero believes that the Council as a whole can ask KCLS to delay construction. He noted that

citizens have enough signatures to send this issue to the ballot to create a new library depending on what the

CITY COUNCIL MINUTES REGULAR MEETING OCTOBER 20, 2014

City of Mercer Island City Council Meeting Minutes October 20, 2014 2

attorney general decides. He spoke about showing support by writing a letter to KCLS telling them to hold off on renovations until a new director is appointed.

Gary Robinson noted that to date, the Council has only heard from two constituents that are happy with the

demolition of the interior of the library. His group has given the Council facts and data about the library that have been dismissed because the Council has too much on its plate to deal with the concerns. He stated that the Mercer Island Library should reflect what the community desires; not the standardized dictates of a remote KCLS bureaucracy. He noted that KCLS continues to be duplicitous and that much of what is being proposed by KCLS is contradictory to what they have done elsewhere. He stated that Mercer Island is different than other communities and asked Council to please send a letter to KCLS asking for a construction moratorium until the new director is appointed.

Eric Swenson, 8541 East Mercer Way, implored Council to stop the renovation. He noted that what citizens want

are only the fiscally and environmentally responsible improvements to infrastructure and better resource access to KCLS holdings. He stated that there has been little support and no enthusiasm for the proposed KCLS changes. He spoke about Councilmember Cero writing a Seattle Times op-ed article regarding KCLS, and asked why the rest of Council has declined to press KCLS with equal vigor. He stated that more needs to be reclaimed. He spoke about KCLS asserting that they own the library and thus have the authority to do whatever they want, but that KCLS is not a private corporation and that it is the taxpayers that own KCLS. He asked Council to stand up for Mercer Island with a unified, strong voice instead of standing aside for KCLS, and called for a moratorium on building activity.

Bart Dawson, 8812 SE 77th Place, believes that most Mercer Islanders want to preserve the library as well as to

improve it. He stated that if there are issues that cannot be resolved at the library board meetings, the Library Board should prepare a list of the changes that the board wants but that KCLS refuses to incorporate, the Library Board should forward that list to the Council, and the Council should forward that list by letter to KCLS asking them to make the requested changes. He noted that the letter should also state that if the changes are not accommodated the City Council will go on record as not concurring with the library renovation plans. He asked Council to write a letter because of the responsibility to look after the interests of Mercer Island first, and then the interests of KCLS. He also asked Council to please support the Library Board just as the Library Board is expected to represent all of Mercer Island.

Mark Clausen, 6107 SE 32nd Street, spoke about Council's consideration of a Transportation Benefit District. He

noted that the Council's top priority must be to maintain the infrastructure of the Island and that the funds raised by the TBD could be directed to the needed infrastructure projects. He has seen with the school bond and with the fire station that if a project is well-designed and well thought out the voters will support it even though it may slightly increase the tax burden. He believes that Council has the opportunity to take a step to prevent problems and allow the City to maintain the surfaces and facilities that Mercer Island voters expect.

Jean Majury, 4544 88th Ave SE, spoke on behalf of herself and her husband Scott Majury, she asked the Council

why they wanted to live on Mercer Island. She noted that parkland, trails, and open space represent and define us as Islanders but that open space is diminishing as the building boom on the Island continues. She stated that park land and open space must be preserved and protected. She asked why Council is selling a portion of Clarke Beach Park and questioned whether MICA should be built in Mercerdale Park. She asked Council to please remember why they chose to live here and asked to protect and preserve the park land and trails.

Brian Graham, 7900 East Mercer Way, spoke about his property which is the property that encroaches on Clarke

Beach. He stated that there was nothing on public record that the property was encroaching on the park. He noted that neither realtors nor the City recommend a property line survey is done when purchasing a home, and now he is stuck in the middle. He thanked the Council for coming out to look at the property and stated that this sale needs to go through as his property will be destructed without it.

David Fennell, 8030 Avalon Place, spoke about growing up on the east coast and reading books in an old, local

library that is still there. He noted that the community there would not dream of giving it up. He also spoke about the recent documentary about the Roosevelts and that they all chose not to be limited by the circumstances that they served in. He stated that it is a great service that the Council does for the community especially facing the long budget discussion this evening. He asked Council to consider that leadership does not end at the limits of what your charters assign you.

City of Mercer Island City Council Meeting Minutes October 20, 2014 3

Tami Szerlip, 7804 SE 40th Street, made one last plea for the library, stating that the Council does have things to bargain with such as the fact that KCLS is still looking for a new director, the fact that people are still talking about having a vote, and the fact that there might be a pending lawsuit. She thinks that the Council should go for it as the answer might be yes and KCLS might listen.

Julie Takasugi, 9105 SE 44th Street, lent her support for the library issue. She thinks it is important for the

community to know that the Council is on their side and that more transparency and information is needed to show support from Council.

Joy Matsura, 7264 West Mercer Way, asked Council to vote against the TBD, postpone it for a year, or let the

voters decide. She spoke about the recent increase in stormwater fees, the new tax on water, the plastic bag ban which is causing people who used to reuse bags to have to buy plastic bags, raising fees for construction permits, raising property taxes to pay for a new fire station, and that three-fourths of the general fund goes toward personnel costs. She questioned how much of the TBD money will actually be spent on asphalt and that it is more likely that the money will go to sidewalks and road diets. She asked Council to vote against the TBD.

Dave McCann, 8182 West Mercer Way, praised the City for the great communications during the boil-water

advisory, advocated for the TBD but asked Council to please keep it to transportation, and has noticed that the community feels Council is not actually listening in regards to the library. He agrees with Mike Cero’s opinion regarding the library and thinks Council can do more as leaders and fight harder with KCLS.

Ira Appelman, 4436 Ferncroft Road, does not want a defective patched roof on the new fire station. He objected

to the executive session to sell a portion of Clarke Beach to the encroaching land owner as he feels this has violated the public meetings act. He stated that KCLS will not walk away if Council advocates for the Island. He reviewed the minutes from KCLS from 2004 - 2014 and found a case in Federal Way where the City Council told KCLS they did not want their library moved and so KCLS did not move it. He feels confident that KCLS will listen to the City Council. He is against the TBD and asked for no tax increases.

Tom Imrich, 6231 Island Crest Way, stated that no car tab fee or TBD needs to be or should be implemented, as

there is plenty of tax revenue in the budget. He noted that taxes and expenditures need to be based on community and public validated projects not on pet projects, which are driven by special interest wish lists. He asked Council to stop increasing taxes because difficult for long-time senior residents. Instead of proposing car tab rules, he asked Council to stop wasting money on astroturf, library renovations, subsidizing bus routes, and a botched fire station project. He believes that imposing a car tab fee is doing the wrong thing for the wrong reason against the will of a majority of Mercer Island taxpayers.

Tom Robertson, 4508 West Mercer Way, spoke about library users having serious concerns about the library

plans. He believes that a fair representation from Council would be to make a statement saying that this not what our constituents want.

Andrea Pirzio, 4224 West Mercer Way, spoke about the Graham property at 7900 East Mercer Way, stating that

the current homeowner did not encroach. He noted that the lot line is very irregular and, at the top, is a liability to the City because it is a very steep slope that could slide into the home.

Judy Ginn, 7815 85th Place SE, spoke about the library. She agrees that there are some things that need to be

done but that most of the things that KCLS is saying need to be done do not really need to be done. She wishes that Council would speak up, ask KCLS to stop, and support the community by telling KCLS to spend their money someplace else.

CONSENT CALENDAR

Deputy Mayor Grausz requested removal of AB 5015: Purchase and Sale Agreement for a Portion of Clarke Beach Park from the Consent Calendar. Mayor Bassett moved it to the first item of Regular Business.

Payables: $371,827.23 (10/02/14) & $1,159,681.47 (10/07/14)

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

City of Mercer Island City Council Meeting Minutes October 20, 2014 4

It was moved by Grausz; seconded by Bertlin to: Approve the Consent Calendar and the recommendations contained therein. Passed 6-0 FOR: 6 (Bassett, Bertlin, Brahm, Cero, Grausz, Wong)

REGULAR BUSINESS

AB 5015 Purchase and Sale Agreement for a Portion of Clarke Beach Park

Councilmembers spoke about the property and the costs the City has incurred in remedying the encroachment into Clarke Beach Park.

It was moved by Grausz; seconded by Bertlin to: Authorize the City Manager to enter into a purchase and sale agreement for the purchase price of $28,400, all closing costs, and 100% of costs previously paid by the City for a surplused portion of Clarke Beach Park.

It was moved by Senn; seconded by Brahm to: Amend the previous motion to split the costs previously paid by the City 50/50 with the homeowner. Motion to Amend Passed 4-3 FOR: 4 (Bassett, Brahm, Cero, Senn) AGAINST: 3 (Bertlin, Grausz, Wong)

Amended Motion Passed 4-3 FOR: 4 (Bassett, Brahm, Cero, Senn) AGAINST: 3 (Bertlin, Grausz, Wong)

Final language of motion: “Authorize the City Manager to enter into a purchase and sale agreement for the purchase price of $28,400, all closing costs, and 50% of costs previously paid by the City for a surplused portion of Clarke Beach Park.”

AB 5014 Establishment of a Transportation Benefit District (2nd Reading)

Assistant City Attorney Christina Schuck presented an ordinance for second reading regarding establishing a transportation benefit district (TBD) on Mercer Island. She spoke about the changes to the ordinance since the first reading including scrivener’s errors and changes to section 3.26.050 Authority of District, prohibiting the District from issuing obligation bonds or revenue bonds and removing the word “tax”.

She reviewed the governance of the TBD, noting that the City Council acts independently as the governing body and votes on an ordinance to authorize a vehicle license fee. She explained that without voter approval, the TBD can impose up to a $20 vehicle fee and with voter approval; the TBD could impose a higher vehicle fee.

Councilmember Wong asked about interfund transfers to the Street Fund to cover the deficit. Finance Director Chip Corder responded for each of the funds, whether they could be used or not.

It was moved by Grausz; seconded by Brahm to: Adopt Ordinance No. 14C-11 as amended, establishing a Transportation Benefit District and set the first meeting for October 27, 2014.

It was moved by Grausz; seconded by Cero to: Amend the previous motion as follows: Amend MICC 3.26.050 to read: C. The District may not authorize a fee on building construction or land development as provided for in RCW 36.73.120. Motion to Amend Passed 7-0 FOR: 7 (Bassett, Bertlin, Brahm, Cero, Grausz, Senn, Wong)

City of Mercer Island City Council Meeting Minutes October 20, 2014 5

Amended Motion Passed 6-1 FOR: 6 (Bassett, Bertlin, Brahm, Grausz, Senn, Wong) AGAINST: 1 (Cero)

AB 5013 2015-2016 Preliminary Budget: Operating Budget Review

The Mayor opened the public hearing on the 2015-2016 Preliminary Budget at 7:58 pm.

Gary Robinson compared the money collected from a car tab fee to the cost of running a City library. He asked

the Council to consider an innovative approach to look at new ways to finance the quality of life on Mercer Island.

Ira Appelman, 4436 Ferncroft Road, spoke about KCLS’ model that no matter where you are the services are the

same, but the taxing model has more expensive homes paying more for the services. He stated that Mercer Islanders are being taxed more because their homes are more expensive, KCLS is getting $5-6 million from Mercer Islanders, and the actual cost of running the Mercer Island Library is around $2 million. He stated that a City library would be a significant tax savings for Islanders.

The Mayor closed the public hearing at 8:01 pm.

Finance Director Chip Corder provided a review of major revenue estimates, expenditure summaries, fund balances, operating budget analysis, service enhancements requests and significant budget policy issues and or changes for the General, Criminal Justice, Beautification, YFS, Equipment Rental, and Utility (Water, Sewer, and Storm Water) Funds.

Director Corder and Accounting Manager LaJuan Tuttle walked the Council through each of the funds, seeking preliminary thumbs up or down votes from the Council on the major budget changes, service enhancements recommended by the City Manager, and significant budget policy issues/changes.

Maintenance Director Glenn Boettcher spoke about anticipated ongoing operational/capital impacts of boil water advisory events. He stated that the City has hired a consultant to review the event and provide findings and action plan items. Director Corder stated that the estimated cost of $250K will be refined, if needed, depending on the results of the study.

The Council would like to review the following items at the 2015 Planning Session:

• Contingency Fund policy • Employee compensation policy • Market adjustment policy • Report on Police Department overtime costs • Fleet replacement metrics

Director Corder noted that at the November 3 Council Meeting, staff and Council would be reviewing the Capital Budget. He stated he would provide a REET forecast and review Council and staff changes to CIP “Preview”, 2015-2016 projects by exception, 6-year fund statements, focusing on fund balances of Street, Capital Improvement, Technology and Equipment, and Utility (Water, Sewer, and Storm Water) Funds.

OTHER BUSINESS

Councilmember Absences Councilmember Senn will be absent October 27.

Planning Schedule City Manager Treat reminded Council about the October 27 TBD meeting.

Board Appointments There were no appointments.

Councilmember Reports

City of Mercer Island City Council Meeting Minutes October 20, 2014 6

Councilmember Cero asked if there are alternatives to Comcast for franchise agreements. He spoke about reading an article on community policing and was pleased to see a police officer pictured on the front of the Mercer Island Reporter.

Councilmember Brahm spoke about her travels during the boil-water advisory and thanked staff for handling everything.

Deputy Mayor Grausz noted that SCA is asking for a vote on sending a letter to Jay Inslee asking that he support in his budget the funding for the youth ball fields.

Councilmember Senn noted that PSE has narrowed down their line energizing project and that none of the routes include the lake option.

Councilmember Wong spoke about recently joining the Rotary and doing some work at Proctor Landing. Mayor Bassett spoke about meeting with Metro to discuss bus cuts and transportation options, and ways to

mitigate those losses. He noted that Metro has agreed to run route 204 until 7:00 pm. ADJOURNMENT

The Regular Meeting adjourned at 11:28 pm.

_______________________________ Bruce Bassett, Mayor Attest: _________________________________ Allison Spietz, City Clerk

PAYROLL PERIOD ENDING 10/24/2014 PAYROLL DATED 10/31/2014

________________________________Finance Director

_________________________________ ____________________

Mayor Date

Description Date AmountPayroll Checks 62777705 - 62777718 19,147.45 Direct Deposits 455,504.95 Void/Manual Adjustments 2,492.42 Tax & Benefit Obligations 206,001.34 Total Gross Payroll 10/31/14 683,146.16

CITY OF MERCER ISLAND CERTIFICATION OF PAYROLL

I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed as described herein, that any advance payment is due and payable pursuant to a contract or is available as an option for full or partial fulfillment of a contractual obligation, and that the claim is a just, due and unpaid obligation against the city of Mercer Island, and that I am authorized to authenticate and certify to said claim.

I, the undersigned, do hereby certify that the City Council has reviewed the documentation supporting claims paid and approved all checks or warrants issued in payment of claims.

CITY OF MERCER ISLAND

PAYROLL PERIOD ENDING 10/24/2014 PAYROLL DATED 10/31/2014

Net Cash 474,652.40

Net Voids/Manuals 2,492.42

Federal Tax Deposit - Key Bank 81,111.31

Social Security and Medicare Taxes 37,058.72Medicare Taxes Only (Fire Fighter Employees) 1,552.17Public Employees Retirement System 1 (PERS 1) 361.49Public Employees Retirement System 2 (PERS 2) 16,364.73Public Employees Retirement System 3 (PERS 3) 3,436.81Public Employees Retirement System 2 (PERSJBM) 471.76

Public Safety Employees Retirement System (PSERS) 159.74Law Enforc. & Fire fighters System 2 (LEOFF 2) 21,722.79Regence & LEOFF Trust - Medical Insurance 999.22Domestic Partner/Overage Dependant - Insurance 0.00Group Health Medical Insurance 0.00Health Care - Flexible Spending Accounts 3,455.91Dependant Care - Flexible Spending Accounts 1,138.46United Way 121.00ICMA Deferred Compensation 34,957.11ROTH IRA 262.00Child Support/Garnishment Payments 0.00

MI Employees' Association 142.50Cities & Towns/AFSCME Union Dues 0.00

Police Union Dues 0.00Fire Union Dues 1,668.12Fire Union - Supplemental Dues 133.00

AWC - Voluntary Life Insurance 0.00Unum - Long Term Care Insurance 0.00

AFLAC - Supplemental Insurance Plans 0.00

GET - Guarantee Education Tuition of WA 884.50

Coffee Fund 0.00

Transportation 0.00Miscellaneous 0.00

TOTAL GROSS PAYROLL 683,146.16$

PAYROLL SUMMARY

Page 1

BUSINESS OF THE CITY COUNCIL CITY OF MERCER ISLAND, WA

AB 5019

November 17, 2014 Regular Business

REVISION TO SHORELINE MASTER PROGRAM UPDATE (FIRST READING)

Proposed Council Action: Conduct first reading of Ordinance No. 15C-02 adopting revisions to the Shoreline Master Program Update.

DEPARTMENT OF Development Services Group (Scott Greenberg)

COUNCIL LIAISON n/a

EXHIBITS 1. Letter from Mayor Bassett to Ecology, December 17, 2013 2. Letter from Ecology to Mayor Bassett, February 4, 2014 3. Draft Ordinance No. 15C-02

APPROVED BY CITY MANAGER

AMOUNT OF EXPENDITURE $ n/a AMOUNT BUDGETED $ n/a APPROPRIATION REQUIRED $ n/a

SUMMARY After seven years, the City of Mercer Island and the Department of Ecology (Ecology) are close to an agreement on an update of the City’s Shoreline Master Program (SMP). Two issues remain for the City Council’s review and direction:

1. The width of docks within thirty feet of the Ordinary High Water Mark (OHWM), and 2. The threshold for compliance with the new SMP standards when a dock is repaired or replaced.

HISTORY In 1971, the Washington Legislature passed the Shoreline Management Act (SMA), and the voters adopted the SMA in 1972. The SMA’s overarching goal is “to prevent the inherent harm in an uncoordinated and piecemeal development of the state’s shorelines.” The SMA requires the City to develop and adopt an SMP, which includes goals, policies, and regulations consistent with state guidelines to protect shorelines. In Mercer Island, the SMP is applicable to "shorelands", which include Lake Washington, its underlying land, associated wetlands, and those lands that extend 200 feet landward from the edge of Lake Washington. The City implemented its initial SMP in 1974 and now must update its SMP in order to comply with new state guidelines adopted in 2003. Ecology must approve or deny the update. A draft SMP was prepared between 2007-2013. On December 2, 2013, the City Council adopted Ordinance No. 13C-12 approving Mercer Island’s SMP update with a maximum five-foot dock width within thirty feet of the OHWM. This ordinance would be effective following Ecology approval. Mayor Bassett’s transmittal letter to Ecology provides the City Council’s rationale for the proposed dock width (see Exhibit 1).

Page 2

On February 4, 2014, Ecology submitted documents to the City responding to Ordinance No. 13C-12 (see Exhibit 2). In the letter, Ecology invited the City to have a “productive dialogue” and continue working together on the following draft required changes:

1. Limiting dock width in the first 30 feet from OHWM to 4 feet, with 5 feet allowed for community docks and single family docks, where ADA access is required;

2. The requirement to limit one moorage facility per upland residential waterfront property owner; and 3. Replacing the word “may” with “shall” in MICC 19.07.110(E)(6)(b)(ix)(c) Development Standards

for Replacement, Repair and Maintenance of Overwater Structures, Including Moorage Facilities. Required changes 2 and 3 were consistent with the intent of the approved SMP and have been incorporated into draft Ordinance No. 15C-02 (see Exhibit 3). Required change 1 was inconsistent with the SMP approved by Council. City and Ecology staff held several meetings and phone conferences to discuss each agency’s perspectives on required change 1. On June 12, 2014, a meeting was held at Ecology offices to discuss whether other five-foot dock options would be acceptable to Ecology. The meeting was attended by upper level Ecology policy and management staff, Mayor Bassett, City Manager Treat, and other Ecology and City staff. The meeting was productive and resulted in a new approach using a menu of incentives to allow five-foot dock width (see discussion below). PROPOSED CHANGES The meetings resulted in the following proposed changes in draft Ordinance No. 15C-02: 1. MICC 19.07.110(4): One moorage facility per residential lot (Exhibit 3, page 2)

The proposed standards would allow each residential lot to have one moorage facility, provided applicable standards are met, such as lot width. The proposed language clarifies this allowance.

2. MICC 19.07.110(4), Table D: Requirements for Moorage Facilities and Development Located

Waterward from the OHWM (Exhibit 3, pages 2-5)

The proposed standards would allow a four-foot wide dock within thirty feet of the OHWM. Dock width could be increased to five feet within thirty feet of the OHWM if one or more of the following applies:

a. Water depth is 4.85 feet or more, as measured from the OHWM (Exhibit 3, Table D, 4th row)

A five foot wide dock would be allowed if the land beneath the water drops steeply. Section 7.5 of the Shoreline Restoration Plan indicates that the migratory paths for juvenile fish are usually in the near shore, shallow habitat. Therefore, Ecology has agreed to allow docks to be five feet wide in deep water, specifically where the water depth is at least 4.85 feet below the OHWM. The depth of 4.85 feet is based on the mean low water mark of 3 feet, considered critical fish habitat, plus 1.85 feet to convert to OHWM as a base measurement.

b. A moorage facility is required to comply with Americans with Disabilities Act (ADA)

requirements (Exhibit 3, Table D, 4th row) A five foot wide dock would be allowed for docks required to comply with ADA standards. Examples include public docks at Luther Burbank Park or at certain waterfront facilities, such as shore clubs.

c. A resident of a property has a documented permanent state disability as defined in WAC 308-

96B-010(5) (Exhibit 3, Table D, 4th row) Docks for single-family residential properties are not subject to ADA standards. However, residents with permanent disabilities would be allowed to have a five foot wide dock rather than a four foot wide dock. WAC 308-96B “Individuals with Disabilities Vehicle License Privileges” defines “permanent” as “a licensed physician has certified the qualifying disability condition is expected to last at least five years.” [WAC 308-96B-010(5)].

Page 3

d. An applicant proposes a project that incorporates certain mitigation options (Exhibit 3, Table

D, 4th row and Table E) The following mitigation options use a combination of actions to mitigate impacts of a five foot wide dock rather than a four foot wide dock. The applicant can choose to mitigate using Option A, Option B or Option C below.

Replacement docks would also need to demonstrate a net reduction in overwater coverage within 30 feet waterward from the OHWM or, submit a site specific report prepared by a qualified professional demonstrating no net loss of ecological function of the shorelands. The provision would affect existing docks that are less than 5 feet wide, which would be replaced by a dock 5 feet wide.

TABLE E--DOCK WIDTH MITIGATION OPTIONS Option A Option B Option C Includes at Least One of the Following:

Includes at Least Two of the Following:

Includes at Least Three of the Following:

1. Complete removal of existing bulkhead with shoreline restoration

1. Removal of 12 feet or 30% (lineal), whichever is greater, of existing bulkhead and creation of beach cove with shoreline restoration

1. Installation/Replacement of decking within the first 30 feet waterward from the OHWM that allows a minimum of 60% light transmittance

2. Removal of an existing legally established boat house (A “boat house” is a covered moorage that includes walls and a roof to protect the vessel.)

2. Installation/Replacement of decking within the first 30 feet waterward from the OHWM that allows a minimum of 60% light transmittance

2. Removal of all existing legally established piling treated with creosote or comparably toxic compounds

3. Replacement of two or more existing legally established individual moorage facilities with a single joint use moorage facility

3. Removal of an existing legally established covered moorage within the first 30 feet waterward from the OHWM

3. At least a 10% net reduction of existing legally established overwater coverage within the first 30 feet waterward from OHWM

4. Removal of all legally established individual mooring piles within the first 30 feet waterward from the OHWM

5. Removal of an existing legally established covered moorage within the first 30 feet waterward from the OHWM

3. MICC 19.07.110(E)(6)(b)(ix): Existing overwater structures--threshold for compliance (Exhibit 3,

page 6)

The proposed standards discussed below would apply to both new docks and the replaced or reconstructed area of existing docks if more than 75 percent of the structure’s exterior surface (including decking) or structural elements (including pilings) are replaced or reconstructed during the previous five years. The Council-approved threshold was 50 percent. This change is proposed to be consistent with other proposed and adopted SMPs for Lake Washington.

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In subsection C, “may” is proposed to be replaced with “shall” to clarify that compliance with Table D is required (shall) and is not optional (may).

NEXT STEPS The next steps in the SMP update adoption process include discussion on the remaining issues identified above, and direction to staff on the changes summarized above, which are also detailed on Exhibit 3. If Exhibit 3 is acceptable to the City Council, staff will forward the draft Ordinance to Ecology along with a request for conditional approval of the amended SMP update. When Ecology’s conditional approval is received within 45 days, Ordinance No. 15C-02 will be scheduled for second reading and approval. If alternative language is proposed by either the City Council or Ecology, additional discussions may be needed with the state prior to scheduling the second reading. After receiving the conditional approval, and then final adoption by the City Council, staff will send the SMP update to Ecology. Staff expects Ecology to act within 45 days. At that time, the amended SMP update will be effective. RECOMMENDATION

Development Services Director MOVE TO: Authorize staff to transmit draft Ordinance No. 15C-02, revisions to the Shoreline Master

Program Update, to the Department of Ecology.

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CITY OF MERCER ISLAND ORDINANCE NO. 15C-02

AN ORDINANCE OF THE CITY OF MERCER ISLAND, WASHINGTON, AMENDING MICC 19.07.110, MERCER ISLAND SHORELINE MASTER PROGRAM

WHEREAS, in 1971 the State of Washington passed the Shoreline Management Act governing the adoption of Shoreline Master Programs, as currently set forth within Chapter 58 of Title 90 of the Revised Code of Washington, and subject to the Washington State Department of Ecology’s administrative rules contained within Title 173 of the Washington Administrative Code; and WHEREAS, in 1974 the City adopted its Shoreline Master Program; and WHEREAS, in 2003 the State of Washington passed new guidelines for the development and updating of local Shoreline Master Programs, which require updating of Mercer Island’s Shoreline Master Program; and WHEREAS, in 2013, the Mercer Island City Council adopted Ordinance 13C-12 approving the Shoreline Master Program update upon approval by the Washington State Department of Ecology; and WHEREAS, the approved Shoreline Master Program update was submitted to the Washington State Department of Ecology for review on December 17, 2013; and WHEREAS, on February 4, 2014, the Washington State Department of Ecology submitted documents to the City containing required changes to the City-approved Shoreline Master Program update; and WHEREAS, between February 2014 and November 2014 City of Mercer Island and Washington State Department of Ecology representatives met several times and agreed on use of incentives to allow increase in dock width from four feet to five feet within thirty feet of the ordinary high water mark; and WHEREAS, on November 17, 2014, the City Council discussed proposed incentives to allow increase in dock width from four feet to five feet within thirty feet of the ordinary high water mark; and WHEREAS, a State Environmental Policy Act Determination of Non Significance for the 2011 Shoreline Master Program update was issued on March 15, 2010; and WHEREAS, in accordance with WAC 365-195-620, a notice of intent to adopt the proposed Mercer Island Shoreline Master Program was received by the State of Washington Department of Commerce on March 14, 2012. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:

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Section 1. Amendments to Chapter 19.07.110 MICC, Shoreline Master Program. MICC 19.07.110(E)(4) “Standards Waterward of the OHWM” is hereby amended as follows:

4. Standards Waterward of the OHWM. Moorage facilities may be developed and used as

an accessory to dwellings on shoreline lots with water frontage meeting or exceeding the minimum lot width requirements specified in Table D. Only one non-commercial, residential moorage facility per upland residential waterfront lot authorized. The standards in Table D shall apply to development located waterward of the OHWM:

Table D. Requirements for Moorage Facilities and Development Located

Waterward from the OHWM Setbacks for All Moorage Facilities, Covered Moorage, and Floating Platforms

A* B

10 feet from the lateral line (except where moorage facility is built pursuant to the agreement between adjoining owners as shown in Figure B below) Where a property shares a common boundary with the Urban Park Environment, the setback shall be 50 feet from the lateral line or 50% of the water frontage of the property, whichever is less.

Setbacks for Boat Ramps and Other Facilities for Launching Boats by Auto or Hand, Including Parking and Maneuvering Space

C 25 feet from any adjacent private property line

Length or Maximum Distance Waterward from the OHWM for Moorage Facilities, Covered Moorage, Boatlifts and Floating Platforms

D Maximum 100 feet, but in cases where water depth is less than 11.85 feet below OHWM, length may extend up to 150 feet or to the point where water depth is 11.85 feet at OHWM, whichever is less

Width of moorage facilities within 30 feet waterward from the OHWM

E Maximum 5 4 feet wide within 30 feet waterward from the OHWM and 6 feet wide thereafter, except for boat ramps and lift stations. Width may increase to 5 feet if one of the following is met: 1) Water depth is 4.85 feet or more, as measured from the OHWM; or 2) A moorage facility is required to comply with Americans with Disabilities Act (ADA) requirements; or 3) A resident of the property has a documented permanent state disability as defined in WAC 308-96B-010(5); or 4) The proposed project includes mitigation option A, B or C listed in Table E; and for replacement actions, there is either a net reduction in overwater coverage within 30 feet waterward from the OHWM or, a site specific report is

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prepared by a qualified professional demonstrating no net loss of ecological function of the shorelands. Moorage facility width shall not include pilings, boat ramps and lift stations.

Width of moorage facilities more than 30 feet waterward from the OHWM

E Maximum 6 feet wide. Moorage facility width shall not include pilings, boat ramps and lift stations.

Height Limits for Walls, Handrails and Storage Containers Located on Piers

F 3.5 feet above the surface of a dock or pier. 4 feet for ramps and gangways designed to span the area 0 feet to 30 feet from the OHWM.

Height Limits for Mooring Piles, Diving Boards and Diving Platforms

G 10 feet above the elevation of the OHWM

Height Limits for Light Rail Transit Facilities within the Existing I-90 Corridor

The trackway and overhead wires, support poles, and similar features necessary to operate light rail transit facilities may be erected upon and exceed the height of the existing I-90 bridges

*The letters in this column refer to the Plan View (B) and Section(B) diagrams.

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Table D (continued) Requirements for Moorage Facilities and Development Located Waterward from the OHWM

Minimum Water Frontage for Moorage Facility

H* I J

Single-family lots: 40 feet Shared – two adjoining lots: 40 feet combined Semi-private recreational tracts:

2 families: 40 feet 3 – 5 families: 40 feet plus 10 feet for each family more than 2 6 – 10 families: 70 feet plus 5 feet for each family more than 5 11 – 100 families: 95 feet plus 2 feet for each family more than 10 101+ families: 275 feet plus 1 foot for each family more than 100

Covered Moorage Permitted on single-family residential lots subject to the following: (a) Maximum height above the OHWM: 16 feet; 16 to

21 feet subject to criteria of MICC 19.07.110(E)(5)(a)

(b) Location/area requirements: See Figure A for single-family lots and Figure B for shared moorage.

(c) Building area: 600 square feet, however a covered moorage may be built larger than 600 square feet within the triangle subject to a shoreline conditional use permit

(d) Covered moorage shall have open sides. (e) Prohibited in semi-private recreational tracts and

noncommercial recreational areas. (f) Translucent canopies are required.

*The letters in this column refer to the Plan View (C).

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Table E. Dock Width Mitigation Options

Option A Option B Option C Includes at Least One of the Following:

Includes at Least Two of the Following:

Includes at Least Three of the Following:

1. Complete removal of existing bulkhead with shoreline restoration

1. Removal of 12 feet or 30% (lineal), whichever is greater, of existing bulkhead and creation of beach cove with shoreline restoration

1. Installation/Replacement of decking within the first 30 feet waterward from the OHWM that allows a minimum of 60% light transmittance.

2. Removal of an existing legally established boat house (A “boat house” is a covered moorage that includes walls and a roof to protect the vessel.)

2. Installation/Replacement of decking within the first 30 feet waterward from the OHWM that allows a minimum of 60% light transmittance.

2. Removal of all existing legally established piling treated with creosote or comparably toxic compounds

3. Replacement of two or more existing legally established individual moorage facilities with a single joint use moorage facility

3. Removal of an existing legally established covered moorage within the first 30 feet waterward from the OHWM

3. At least a 10% net reduction of existing legally established overwater coverage within the first 30 feet waterward from OHWM

4. Removal of all legally established individual mooring piles within the first 30 feet waterward from the OHWM

5. Removal of an existing

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legally established covered moorage within the first 30 feet waterward from the OHWM

Section 2. Amendments to Chapter 19.07.110 MICC, Shoreline Master Program.

MICC 19.07.110(E)(6)(b) “Development Standards for Replacement, Repair and Maintenance of Overwater Structures, Including Moorage Facilities” is hereby amended as follows:

... b. Development Standards for Replacement, Repair and Maintenance of Overwater

Structures, Including Moorage Facilities. The maintenance, repair and complete replacement of legally existing overwater structures is permitted, provided that:

i. All permit requirements of Federal and State agencies are met; ii. The area, width, or length of the structure is not increased, but may be decreased; iii. The height of any structure is not increased, but may be decreased; provided that

the height above the OHWM may be increased as provided in 19.07.110(E)(6)(b)(v)(B) below; iv. The location of any structure is not changed unless the applicant demonstrates to

the Director’s satisfaction that the proposed change in location results in: 1) a net gain in ecological function, and 2) a higher degree of conformity with the location standards for a new overwater structure;

v. Piles shall not be treated with pentachlorophenol, creosote, CCA or comparably

toxic compounds. If ammoniacal copper zinc arsenate (ACZA) piling are proposed, the applicant shall meet all of the Best Management Practices, including a post-treatment procedure, as outlined in the amended Best Management Practices of the Western Wood Preservers. All piling sizes are in nominal diameter;

vi. Any paint, stain or preservative applied to components of the overwater structure

must be leach resistant, completely dried or cured prior to installation. Materials shall not be treated with pentochlorophenol, creosote, CCA or comparably toxic compounds;

vii. The applicant shall abide by the work windows for listed species established by

the U.S. Army Corp of Engineers and Washington Fish and Wildlife;

viii. Disturbance of bank vegetation shall be limited to the minimum amount necessary to accomplish the project. Disturbed bank vegetation shall be replaced with native, locally adapted herbaceous and/or woody vegetation. Herbaceous plantings shall occur within 48 hours of the completion of construction. Woody vegetation components shall be planted in the fall or early winter, whichever occurs first. The applicant shall take appropriate measures to ensure revegetation success; and

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ix. If more than 50%75% of the structure’s exterior surface (including decking) or structural elements (including pilings) are replaced or reconstructed during the 5 years immediately prior to any demolition for the replacement or reconstruction, the replaced or reconstructed area of the structure must also comply with the following standards:

(A) Piers, docks, and platform lifts must be fully grated with materials that allow

a minimum of 40% light transmittance; (B) The height above the OHWM for moorage facilities, except floats shall be a

minimum of 1.5 feet and a maximum of 5 feet; and (C) An existing moorage facility that is 5 feet wide or more within 30 feet

waterward from the OHWM may shall be replaced or repaired with a moorage facility that complies with the width of moorage facilities standards specified in MICC 19.07.110(E)(4)(Table D). Section 3. Severability. If any section, sentence, clause or phrase of this ordinance or any

municipal code section amended hereby should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause or phrase of this ordinance or the amended code section.

Section 4. Ratification. Any act consistent with the authority and prior to the effective date

of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall be published in the official newspaper of

the City, and shall be transmitted to the Washington State Department of Ecology for review and approval. This ordinance shall become effective on the date that the Department of Ecology issues formal approval of the ordinance.

PASSED by the City Council of the City of Mercer Island, Washington at its regular meeting on the ____ day of _____________, 20___ and signed in authentication of its passage.

CITY OF MERCER ISLAND ________________________________ Bruce Bassett, Mayor

Approved as to Form: ATTEST: ______________________________ ______________________________ Katie Knight, City Attorney Allison Spietz, City Clerk Date of Publication: _____________

BUSINESS OF THE CITY COUNCIL CITY OF MERCER ISLAND, WA

AB 5021

November 17, 2014 Public Hearing

2015-2016 PRELIMINARY BUDGET: FINALIZE BUDGET CHANGES AND ADOPT TAX AND FEE ORDINANCES AND RESOLUTIONS

Proposed Council Action: Conduct public hearing; finalize changes to 2015-2016 Preliminary Budget; pass 2015 NORCOM budget resolution; pass development and construction permit fee resolution; pass 2015 water, sewer, storm water, and EMS utility rate resolutions; and adopt 2015 property tax ordinances.

DEPARTMENT OF Finance (Chip Corder)

COUNCIL LIAISON n/a

EXHIBITS 1. Resolution No. 1490 (2015 NORCOM budget) 2. Resolution No. 1491 (Development & construction permit fee annual adjustment) 3. Resolution No. 1492 (2015 water utility rates & service charges) 4. Resolution No. 1493 (2015 sewer utility rates & connection charges) 5. Resolution No. 1494 (2015 storm water utility rates) 6. Resolution No. 1495 (2015 EMS utility rates) 7. Ordinance No. 14-13 (2015 property tax levy amount) 8. Ordinance No. 14-14 (2015 property tax levy increase)

APPROVED BY CITY MANAGER

AMOUNT OF EXPENDITURE $ n/a AMOUNT BUDGETED $ n/a APPROPRIATION REQUIRED $ n/a

SUMMARY On Monday night, the Council will finalize its changes to the 2015-2016 Preliminary Budget. The follow-up items, organized by fund, from the Operating Budget review on October 20, 2014 and the Capital Budget review on November 3, 2014 include: • General Fund and Youth & Family Services Fund:

o Establishing the method for determining the annual adjustment to development and construction permit fees beginning January 1, 2015. See Development & Construction Permit Fee Resolution section below for additional information.

o Increasing the General Fund support of the Youth & Family Services Fund from $300,000 to $350,000 per year in 2015-2016 (funded by property tax “new construction,” which is greater than

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originally projected), thereby reducing the projected 2016 deficit in the Youth & Family Services Fund to $160,000.

o Deciding whether or not to take the City’s remaining “banked” property tax capacity, which is currently estimated to be $144,960, and deciding which funding needs to address. This revised estimate, which is significantly higher than the $108,193 estimate noted in the 2015-2016 Preliminary Budget document, is based on the calculation methodology provided by the King County Assessor’s Office. However, the Finance Director was not able to confirm the revised estimate before the agenda bill went to print. See 2015 Property Tax Ordinances section below for additional information.

• Water Fund: o Deciding whether to increase 2015 water utility rate revenues by $250,000 or $550,000 (over and

above what was proposed in the 2015-2016 Preliminary Budget) to address the action plan items following the boil water advisory in October 2014. See 2015 Utility Rate Resolutions section below for additional information.

• Street Fund:

o Moving the SE 40th Street Corridor (East of Island Crest Way) project from funded to unfunded

status in 2018 ($758,750) to balance the Street Fund for the period 2015-2020. This project is a good grant award candidate, because it involves an arterial street and

impacts an elementary school. o Setting aside $150,000 per year for transit funding in 2015-2020 (requested by the Mayor and

Deputy Mayor). If approved by the Council, $900,000 in project cuts or delays would need to be identified to

re-balance the Street Fund in 2015-2020.

• Capital Improvement Fund: o Deciding whether or not to fund the renovation of a large storage space downstairs in City Hall into a

dedicated Emergency Operations Center (EOC) space. Staff will present two space options to the Council, noting the preliminary cost estimate for

each option: 1) 1,090 square feet, and 2) 3,000 square feet. FEMA guidance regarding the size of an EOC space relative to the size of a community will be provided as well.

There is $129,000 in available funding that could be re-directed to this project: 1) $38,000 in real estate excise tax, which is currently dedicated to the Police Car Port project (the Criminal Justice Fund could pay for the entire project); 2) $35,000 in Document Management project savings in 2014; 3) $26,000 in Financial System Upgrade project savings in 2014; and 4) $30,000 in Luther Burbank Administration Building project savings in 2014.

o If the Council opts to add back the $50,000 per year that was cut by staff from the Open Space Vegetation Management project in 2015-2016, then staff recommends the following: Pushing $32,000 City Hall Repairs project (exterior painting) from 2017 to 2018. Pushing $30,000 North Fire Station Repairs project (carpet) from 2017 to 2018. Reducing North Fire Station Repairs project (commercial washers and dryers) by $10,000 in

2017. Funding $25,000 of Mercerdale Park project (playground equipment) in 2018 with private

contributions instead of real estate excise tax. Page 2

o Staff also recommends the following to help reduce the projected deficits in 2017-2020: Pushing $50,000 City Hall Repairs project (parking lot re-paving) from 2019 to 2021. Reducing Luther Burbank Administration Building Repairs project (boiler house) by $70,000

in 2019. Pushing $104,000 Mercerdale Park project (amphitheater) from 2019 to 2021. Transferring $351,552 from Capital Reserve Fund to Capital Improvement Fund in 2015

provided that the $181,553 reserved for the Fire Station 92 Construction project in the Capital Reserve Fund is ultimately not needed.

After the Council finalizes its changes to the 2015-2016 Preliminary Budget, staff will “tee up” each of the ordinances and resolutions included as Exhibits 1-8 for adoption. Pertinent information related to each ordinance and resolution follows. 2015 NORCOM Budget Resolution Resolution No. 1490, which is attached as Exhibit 1, approves NORCOM’s 2015 budget allocation to the City of Mercer Island. Every participating city needs to adopt such a resolution before NORCOM approves its 2015 Budget in December 2014. Comparing 2015 to 2014, NORCOM’s budget allocation to Mercer Island decreased $15,172, or 2.6%, as shown in the table below.

Department NORCOM’s 2014 Budget Allocation

NORCOM’s 2015 Budget Allocation

Cost Increase/ Decrease

Mercer Island Police $438,905 $417,895 -$21,010

Mercer Island Fire 149,912 155,750 5,838

Total $588,817 $573,645 -$15,172 Development & Construction Permit Fee Resolution On November 18, 2013, the Council passed Resolution No. 1474, which adjusted all development and construction permit fees effective January 1, 2014 based on a cost of service and cost recovery fee analysis conducted in 2013 and the following cost recovery targets: 95% for Building Services, 60% for Planning Services, and 60% for Engineering Services. Resolution No. 1491, which is attached as Exhibit 2, establishes the method for determining the annual adjustment to development and construction permit fees beginning January 1, 2015. Specifically, the annual escalator will be calculated by the Finance Director, comparing the estimated salaries and benefits in the coming year to the actual salaries and benefits in the current year for all DSG staff, excluding contract employees. For 2015, the escalator is 4.5%. 2015 Utility Rate Resolutions The following table compares the 2015 and 2016 proposed rate increases for the water, sewer, storm water, and EMS utilities, as contained in the 2015-2016 Preliminary Budget, to two enhanced water rate options: 1) adding $250,000 for the water advisory action plan, and 2) adding $550,000 for the water advisory action plan.

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Utility

Proposed in 2015-2016

Preliminary Budget

Option 1: Adding $250K for Water Advisory

Action Plan

Option 2: Adding $550K for Water Advisory

Action Plan

2015 2016 2015 2016 2015 2016 Water (City) 7.9% 7.9% 9.6% 9.6% 12.8% 14.4%

Sewer Maintenance (City) 8.3% 8.3% 8.3% 8.3% 8.3% 8.3%

Sewer Treatment (King County) 5.6% 0.0% 5.6% 0.0% 5.6% 0.0%

Storm Water (City) 2.7% 2.7% 2.7% 2.7% 2.7% 2.7%

EMS (City) 1.8% 3.5% 1.8% 3.5% 1.8% 3.5%

Total Utility Rate Increase 6.5% 5.0% 7.0% 5.5% 8.0% 7.0% The Mercer Island Utility Board unanimously endorsed the $250,000 placeholder rate option on October 14, 2014. Since then, Maintenance staff, in conjunction with the Department of Health and Confluence Engineering, the City’s consultant, has developed an action plan with preliminary cost estimates, which would require another $300,000 over and above the $250,000 placeholder. The $550,000 would fund two capital improvements required by the Department of Health: 1) upgrading all air-vac vaults ($500,000); and 2) installing 9 additional water sampling stations ($50,000). After these capital improvements are completed in 2015, the $550,000 in annual funding would be used for one or more of the following in 2016 and beyond:

• Installation of a permanent, automated chlorine injection system, if deemed cost effective (cost still needs to be determined);

• Installation of permanent, mechanical reservoir mixers, if deemed cost effective ($100,000);

• Installation of intelligent, automatic flushing and monitoring stations, if deemed cost effective ($50,000 per station); and

• Enhanced water main capital replacement program ($550,000 would cover the annual debt service on $8.0-$8.5 million in 20 year LTGO bonds).

On November 13, 2014, staff will brief the Utility Board on the action plan and will solicit a water rate recommendation based on this new information. For the $250,000 and $550,000 rate options, the total (i.e. water, sewer, storm water, and EMS) bi-monthly bill amount, percent increase, and bi-monthly dollar increase for the average single-family residential customer is summarized in the following two tables.

$250,000 Additional Funding Option 2014 Actual

2015 Proposed

2016 Proposed

Average single family residential bi-monthly bill $267.41 $286.25 $301.99

Rate increase over prior year 4.7% 7.0% 5.5%

Bi-monthly dollar increase over prior year $12.00 $18.84 $15.74

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$550,000 Additional Funding Option 2014 Actual

2015 Proposed

2016 Proposed

Average single family residential bi-monthly bill $267.41 $288.82 $309.11

Rate increase over prior year 4.7% 8.0% 7.0%

Bi-monthly dollar increase over prior year $12.00 $21.41 $20.29 Resolution Nos. 1492-1495, which are attached as Exhibits 3-6, set the water, sewer, storm water, and EMS rates respectively beginning January 1, 2015. The water rate resolution (Exhibit 3) is based on the $250,000 placeholder previously recommended by the Utility Board. Staff will prepare an alternate water rate resolution based on the $550,000 in additional funding for the November 17, 2014 meeting, if needed. 2015 Property Tax Ordinances All King County cities are legally required to submit an estimate of their 2015 property tax levies to the Metropolitan King County Council by December 5, 2014. However, the King County Assessor’s Office does not provide each city with the final assessed valuation and new construction amounts for the new tax year until the second week of December typically. As a result, cities adopt property tax levies for the coming year based on preliminary assessed valuation and new construction amounts. When the finalized amounts are distributed by the Assessor’s Office in December, cities simply notify the Metropolitan King County Council of the corrected levy amount. To be explicit about this levy correcting practice, language is included in the 2015 property tax levy ordinances authorizing the Finance Director to report the corrected property tax levy amount to the Metropolitan King County Council. For the 2015 tax year, the City’s total property tax levy consists of the following components:

• Regular levy: Funds general government operations, fire apparatus replacement, pre-LEOFF I firefighters’ pension benefits, and LEOFF I long-term care costs.

• 1.0% optional increase: Can be applied to the regular levy and the levy lid lifts, representing the maximum increase that a Council can adopt for the coming year, excluding new construction, the re-levy of the prior year refunds, and any “banked” capacity.

• New construction: Represents the new and improved properties that have been added to the property tax rolls.

• Re-levy of prior year refunds: Represents the amount that was refunded to property owners who successfully appealed their property valuations by the Assessor’s Office and that is re-levied in the following year to make the City financially whole.

• 2008 levy lid lift: Approved by voters in November 2008 for parks maintenance and operations (this is a 15-year levy). The 1.0% optional increase was applied to the 2015 levy.

• 2012 levy lid lift: Approved by voters in November 2012 for the replacement of the South Fire Station and a fire rescue truck (this is a 9-year levy). The 1.0% optional increase was not applied to the 2015 levy, because $662,000 is adequate to cover the annual debt service on the 2013 Fire Station & Fire Rescue Truck LTGO bonds.

The 2015 preliminary levy, which includes the 1.0% optional increase assumed in the 2015-2016 Preliminary Budget, is compared to the 2014 final levy in the table below.

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Levy Element 2014 Final Levy

2015 Prelim Levy

Regular Levy: Prior Year Levy $10,112,623 $10,371,101 Plus 1.0% Optional Increase 101,126 103,711 Plus New Construction 141,616 195,183 Plus Re-levy of Prior Year Refunds 15,736 35,147

Total Regular Levy $10,371,101 $10,705,142 Levy Lid Lifts:

2008 Parks Maintenance & Operations 908,725 917,812 2012 Fire Station & Fire Rescue Truck 662,000 662,000

Total Levy Lid Lifts $1,570,725 $1,579,812 Total Levy $11,941,826 $12,284,954 % Change Relative to Prior Year 0.94% 0.94%

The 2015 total preliminary levy, excluding new construction and the re-levy of prior year refunds, is slated to increase by 0.94% compared to the 2014 final levy. The 2015 preliminary levy encompasses two ordinances as required by state law: 1) the 2015 total property tax levy amount (see Exhibit 7); and 2) the dollar increase and percent increase in the 2015 levy relative to the 2014 levy (see Exhibit 8). As noted above, it is estimated that the City has $144,960 in “banked” property tax capacity, which could be taken in addition to the 1.0% optional increase in 2015. The City’s “banked” capacity is not a fixed amount. Rather, it has declined significantly since 2013 when it was $206,459. Given the projected deficit in the Youth & Family Services Fund of $160,000 in 2016 and the LEOFF I long-term care unfunded liability, staff recommends using the $144,960 in “banked” capacity as follows:

• $80,000 for the Youth & Family Services Fund, which would eliminate the projected deficit in 2016 ($80,000 in 2015 + $80,000 in 2016 = $160,000); and

• $64,960 for LEOFF I long-term care costs, which would fund the liability through 2035 (i.e. the next 21 years).

Other funding needs include the following:

• Street Fund ($150,000 per year for transit service or Street Improvement and Pedestrian & Bicycle Facility projects);

• Capital Improvement Fund ($200,000-$300,000 per year for Building Repair and Parks projects);

• MICEC technology & equipment sinking fund ($40,000 per year); and

• Town Center public improvements and/or economic development. Staff will prepare an alternate set of 2015 property tax ordinances for the November 17, 2014 meeting in the event that the Council opts to use the City’s “banked” capacity in 2015.

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RECOMMENDATION

Finance Director MOVE TO: 1. Pass Resolution No. 1490, which approves NORCOM’s 2015 budget allocation to the

City of Mercer Island. 2. Pass Resolution No. 1491, which adjusts development and construction permit fees

effective January 1, 2015 and thereafter. 3. Pass Resolution No. 1492, which establishes classifications of water users and a

schedule of charges for water usage, a schedule of rates for fire service, a schedule of special service charges, meter and service installation charges, and connection charges effective January 1, 2015 and thereafter.

4. Pass Resolution No. 1493, which establishes rates and connection charges for

sewerage disposal services supplied by the City of Mercer Island effective January 1, 2015 and thereafter.

5. Pass Resolution No. 1494, which establishes the bi-monthly service charge for storm and surface water services supplied by the City of Mercer Island effective January 1, 2015 and thereafter.

6. Pass Resolution No. 1495, which establishes the bi-monthly utility fee for the emergency medical and ambulance services supplied by the City of Mercer Island effective January 1, 2015 and thereafter.

7. Adopt Ordinance No. 14-13, which appropriates funds and fixes the amount of property

taxes to be levied for the year 2015.

8. Adopt Ordinance No. 14-14, which identifies the dollar amount and percentage increases of the regular property tax levy and the levy lid lift for the year 2015.

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CITY OF MERCER ISLAND RESOLUTION NO. 1490

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERCER ISLAND APPROVING THE CITY OF MERCER ISLAND’S ALLOCATION FOR THE NORTH EAST KING COUNTY REGIONAL PUBLIC SAFETY COMMUNICATIONS AGENCY (NORCOM) 2015 BUDGET.

WHEREAS, the North East King County Regional Public Safety Communications Agency (NORCOM) was formed effective November 1, 2007; and WHEREAS, NORCOM is in the process of adopting its annual budget for 2015; and WHEREAS, the NORCOM Interlocal Agreement, to which the City is a party, requires that the City Council approve the City's allocation for NORCOM's budget, which is estimated to be $573,645 in 2015; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON AS FOLLOWS: The City of Mercer Island’s allocation ($573,645) for the North East King County Regional Public Safety Communications Agency (NORCOM) 2015 budget is hereby approved. PASSED BY THE CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON AT ITS REGULAR MEETING ON THE 17TH DAY OF NOVEMBER 2014. CITY OF MERCER ISLAND ______________________________ Bruce Bassett, Mayor ATTEST: ______________________________ Allison Spietz, City Clerk

AB 5021 Exhibit 1 Page 8

CITY OF MERCER ISLAND RESOLUTION NO. 1491

A RESOLUTION OF THE CITY OF MERCER ISLAND, WASHINGTON ESTABLISHING A METHOD FOR ANNUAL ADJUSTMENT OF DEVELOPMENT AND CONSTRUCTION PERMIT FEES.

WHEREAS, fees are charged for services provided by the Development Services Group (DSG) for the development of land and construction of structures which includes the review of permit applications, issuance of permits, field inspections, and related actions; and WHEREAS, the City Council’s Management and Budget Policies indicate that development and construction permit fees should be based on the actual costs of providing services; and WHEREAS, the cost of providing such services has been tracked since 1999; and WHEREAS, in November 1999, Resolution No. 1260 set development and construction fees for Mercer Island, which was subsequently ratified and approved by Ordinance 00-14; and WHEREAS, the following resolutions were adopted to adjust development and construction permit fees: June 2004, Resolution No. 1336, December 2006, Resolution No. 1383, November 2009, Resolution No. 1419, November 2010, Resolution No. 1436, November 2011, Resolution No. 1442 and November 2014, Resolution 1474; and WHEREAS, annual development fee increases will be tied to the annual growth in personnel costs (salaries and benefits). NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON, AS FOLLOWS: Section 1: Future Fee Adjustments. The fees set forth in Resolution 1474 shall be adjusted annually, beginning January 1, 2015 based on the estimated annual growth in personnel costs of Development Services Group staff as determined by the Finance Director. The annual escalator shall be determined by comparing the estimated salaries and benefits in the coming year to the actual salaries and benefits in the current year for all Development Services Group staff, excluding contract employees. Section 2: Effective Date. This resolution shall take effect and be in force on and after January 1, 2015. Nothing contained herein shall affect the amount of collection of rates, fees, and charges established prior to January 1, 2015.

AB 5021 Exhibit 2 Page 9

PASSED BY THE CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON, AT ITS REGULAR MEETING ON THE 17TH DAY OF NOVEMBER 2014. CITY OF MERCER ISLAND ______________________________ Bruce Bassett, Mayor ATTEST: ______________________________ Allison Spietz, City Clerk

AB 5021 Exhibit 2 Page 10

CITY OF MERCER ISLAND RESOLUTION NO. 1492

A RESOLUTION OF THE CITY OF MERCER ISLAND, WASHINGTON ESTABLISHING CLASSIFICATIONS OF WATER USERS AND A SCHEDULE OF CHARGES FOR WATER USAGE, ESTABLISHING A SCHEDULE OF RATES FOR FIRE SERVICE, ESTABLISHING A SCHEDULE OF SPECIAL SERVICE CHARGES, ESTABLISHING METER AND SERVICE INSTALLATION CHARGES, ESTABLISHING CONNECTION CHARGES EFFECTIVE JANUARY 1, 2015 AND THEREAFTER.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON AS FOLLOWS: Section 1. Classifications of Water Users, Schedule of Rates and Charges for Water Use The following classifications of water user, schedule of rates and charges for water usage and rates for unauthorized use are hereby adopted by the City for all classes of users of City water system effective January 1, 2015, and thereafter. A. Classification – Rates. The rates for metered water supplied by the City of Mercer

Island for each one hundred (100) cubic feet of water consumed in two months, or fractional part thereof, there shall be charged the following rates in accordance with the "Classification of User" as set forth below:

Residential Bimonthly Water Rates

Fixed Charge Volume ChargeClass Per Meter Block 1 Block 2 Block 3 Block 4

Equivalent* (0-10 ccf) (11-20 ccf) (21-30 ccf) (31+ ccf)Single Family Residential $25.65 $3.05 $5.15 $6.19 $8.32Low-Income Residential $25.65 $0.76 $1.29 $1.55 $2.08Conservation Surcharge** $0.10 $0.30

Fixed Charge Volume ChargeClass Per Meter All Use

Equivalent* (0-99+ ccf)Multi-Family Residential $25.65 $4.50

* Meter Equivalents are summarized in a following table. The total meter equivalent charge is based on the meter size and is calculated by multiplying the meter equivalents by the per meter equivalent rate.

** A surcharge of $0.10 per ccf for single family residential bimonthly usage between and including 21 and 30 ccf, and $0.30 per ccf for bimonthly usage in excess of 30 ccf will be included in the rates, as an incentive to conserve and may be used to fund conservation education. This rate will apply on consumption of water from June 1 through September 30.

AB 5021 Exhibit 3 Page 11

Non-Residential Bimonthly Water RatesFixed Charge Volume Charge

Class Per Meter Winter** Summer**Equivalent* (All Usage) (All Usage)

Commercial/Public $25.65 $2.79 $6.97Irrigation $25.65 $4.19 $8.81

* Meter Equivalents are summarized in a following table. The total meter equivalent charge is based on the meter size and is calculated by multiplying the meter equivalents by the per meter equivalent rate. ** Seasons: Summer is June 1 through September 30; rest of year is winter.

Meter Size Meter Equivalent Fixed Charge3/4 Inch or Smaller 1.0 $25.651 Inch 2.5 $64.131-1/2 Inch 5.0 $128.252 Inch 8.0 $205.203 Inch 16.0 $410.404 Inch 25.0 $641.256 Inch 50.0 $1,282.50

Table of Meter Equivalents and Fixed Charges

For purposes of this section, the various "Classification of User" shall be defined as follows: B. Single Family. Single Family shall mean a residential structure or dwelling as defined in

the City of Mercer Island Zoning Code, capable of being conveyed by separate title, served by a single domestic water meter. Provided, that where prior to December 1, 1980, more than one single family dwelling was served through a single common water meter, such service shall be allowed to continue under the "Single Family" classification until such time as the property or properties are subdivided into separate parcels, or when a higher demand for water service, as determined by the City, is required by a change in use or zoning.

C. Home Hemodialysis Patients. Home Hemodialysis Patients shall mean those persons

who require medical life-support equipment in the home which utilizes mechanical or artificial means to sustain, restore or supplant a vital function, and which requires the use of water.

D. Low Income User. “Low Income User” shall be a person who shows satisfactory proof

that he or she is living in a single family residence, and has a maximum annual income of not more than seventy percent (70%) of the Washington State median income as applicable for the number of individuals in the household as computed annually by the State or City. Applicants shall provide such data as to verify eligibility, upon forms provided by and in the manner determined by the City of Mercer Island.

AB 5021 Exhibit 3 Page 12

E. Multi-Family. Multi-Family shall mean a residential structure or facility designed and/or used to house two or more families living independently of each other, including, but not limited to, duplexes, triplexes, apartment buildings and condominiums, but shall not include hotels and motels.

F. Commercial. Commercial shall mean a structure or facility designed and/or used to

conduct business and commerce, including but not limited to, motels, hotels, professional, private schools, industrial, churches and all other commercial/business users.

G. Public/Institutional. Structures and facilities used by governmental entities including the

state, county, City of Mercer Island and other municipal corporations of the state and public schools.

H. Irrigation Meters. The term "All Irrigation Meters" is hereby defined as "All meters

used for the purpose of watering shrubbery, lawns, flower beds, gardens, ornamentals and the like."

I. Rates for Unauthorized Use. Water taken through unauthorized connections shall be charged for at double the rates set forth above, under "Classification of User", from the date of the commencement of such unauthorized use.

Section 2. Rates for Fire Services, Services Charges, Meter Installation Charges and

Connection Charges The following rates for fire service, various operational costs, meter installation charges, and connection charges are hereby adopted by the City. A. Fire Service Rates. There is hereby established a schedule of rates for fire service which

are the minimum monthly service charges for fire protection purposes exclusively for any two months, or fractional part hereof as follows:

B. Service Charges. There is hereby established a schedule of service charges to recover

operating costs incurred in establishing new accounts, changes in occupancy, special service requests by customers, delinquent account collections and processing of NSF checks as follows:

Service Connection Rate2 inch $24.063 inch $24.064 inch $30.385 inch $30.388 inch $43.08

AB 5021 Exhibit 3 Page 13

C. Meter Installation Charges. There is hereby established a schedule of meter installation

charges for connection of new meters to the City water system, and for changes to water service where the previous type of use has been changed or increased as follows: For meters of all sizes, the charge will be based on the actual cost of installation.

D. Connection Charges. There is hereby established a schedule of connection charges for

the installation of water service to property not previously served or for the installation of water service for an additional type of use and/or increase in meter size as follows:

Connection

Charge3/4 Inch or Smaller 2,266$ 1 Inch 5,665 1-1/2 Inch 11,330 2 Inch 18,128 3 Inch 36,256 4 Inch 56,650 6 Inch 113,300

Meter Size

Connection charges are studied periodically and adjusted for inflation in years between studies. The inflation factor applied is CPI-W First Half for Seattle-Tacoma-Bremerton. For meter upsizes, the difference in the connection charge between the new meter size and the old meter size will be charged. The provision of this section shall not be construed to apply to additional water service for fire protection purposes.

E. Due Date. All meter and service installation charges, and all connection charges shall be due and payable at the time the new connection or changed or additional service is requested and shall be delinquent if unpaid at the time the connection or changed or increased service is actually made. A penalty of 10% shall be added to the amount of any such charges that shall become delinquent. All charges provided for by this Resolution which shall have been delinquent for four (4) months shall be certified to the Treasurer of King County and such charges, together with any penalties added thereto, shall be a lien against the property receiving such service subject only to the lien for general taxes.

Service Service Cost

New Water Set Up Fee (meter reading) $40Water shut-off, requested by user, during normal working hours $30Water shut-off, requested by user, after hours $170Non-payment door hanger notification (each) $25Non-payment Turn on/Turn off, normal working hours $80Non-payment Turn on/Turn off, after hours $195Locking Water Meter due to Theft $250Non-sufficient funds check handling fee $40

AB 5021 Exhibit 3 Page 14

Section 3. Effective Date This resolution shall take effect and be in force on and after January 1, 2015. Nothing contained herein shall affect the amount of collection of rates, fees, and charges established prior to January 1, 2015. PASSED BY THE CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON AT ITS REGULAR MEETING ON THE 17TH DAY OF NOVEMBER 2014. CITY OF MERCER ISLAND ____________________________________ Bruce Bassett, Mayor ATTEST: ___________________________________ Allison Spietz, City Clerk

AB 5021 Exhibit 3 Page 15

CITY OF MERCER ISLAND RESOLUTION NO. 1493

A RESOLUTION OF THE CITY OF MERCER ISLAND, WASHINGTON ESTABLISHING RATES AND CONNECTION CHARGES FOR SEWERAGE DISPOSAL SERVICES SUPPLIED BY THE CITY OF MERCER ISLAND EFFECTIVE JANUARY 1, 2015 AND THEREAFTER.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON, AS FOLLOWS: Section 1. Sewerage Disposal Services Rates and Charges The rates and charges for sewerage disposal services supplied by the City of Mercer Island for two months, or a fractional part thereof, shall be as follows:

Single Family Bimonthly Sewer RatesClass King County City Sewer Line Maintenance

Fixed Charge Fixed Charge Volume ChargeBase Charge

Sewage TreatmentBilling Cost

(For first 600 cf of AVERAGE Winter

Water Use1)

Per 100 cf of AVERAGE Winter Water Use1

beyond first 600 cfSingle Family Residential $84.06 $6.68 $34.24 $5.71Low-Income Residential2 $84.06 $6.68 $8.56 $1.43 Footnotes:

1. Average winter water usage is based on the most current 4 months of winter water usage data available in the billing system. Calculation of the winter water average is based on usage as shown on the January and March bills or February and April bills depending on the billing/reading cycle. Calculation of sewer charges using the winter average is in effect for the following 12 months, until the next winter’s water consumption data is available.

In the case of single family property, where there is no method of accurately calculating the average winter water usage because no water was used during the winter months, or any part thereof, or because the property is not connected to the sanitary sewer system, or for any other reason approved by the Utility Accounting Supervisor or the Finance Director, the sewer volume charge herein will be the Island wide bi-monthly average winter water use.

Newly constructed single family properties shall be charged a sewer volume charge based on the per unit Island-wide average water usage for single family properties. Newly constructed multi-family and commercial properties shall be charged a sewer volume charge based on their actual water usage.

2. “Low Income User” shall be a person who shows satisfactory proof that he or she is living in a single family residence, and has a maximum annual income of not more than seventy percent (70%) of the Washington State median income as applicable for the number of individuals in the household as computed annually by the State or City. Applicants shall provide such data as to verify eligibility, upon forms provided by and in the manner determined by the City of Mercer Island.

AB 5021 Exhibit 4 Page 16

Multi-Family and Commercial Bimonthly Sewer RatesClass King County City Sewer Line Maintenance

Sewage Treatment (Per 100 cf of ACTUAL

Water Use 3)Billing Cost

Volume Charge Per 100 cf of ACTUAL

Water UseMulti-Family Residential $5.60 $6.68 $5.71Commercial / Public $5.60 $6.68 $5.71

Footnotes:

3. The King County rate for multi-family and commercial is derived by dividing King County’s monthly rate ($42.03) by King County’s residential customer equivalency usage value of 750 cubic feet.

Sewer charges may be computed and billed to the nearest $0.05. Section 2. Connection Charges The connection charges payable by the property owners for connection to the City of Mercer Island sanitary sewer system shall be as follows:

Connection Charges All customer Classes (Single Family, Multi-Family and Commercial)

$1,986 per King County residential customer equivalent (RCE)

Connection charges are studied periodically and adjusted for inflation in years between studies. The inflation factor applied is CPI-W First Half for Seattle-Tacoma-Bremerton. All connection charges shall be due and payable at the time the connection service is requested and shall be delinquent if unpaid at the time the connection service is actually made. In the event of delinquency the connection charges shall be double the amount set forth above. Section 3. Effective Date This resolution shall take effect and be in force on and after January 1, 2015. Nothing contained herein shall affect the amount of collection of rates, fees, and charges established prior to January 1, 2015.

AB 5021 Exhibit 4 Page 17

PASSED BY THE CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON, AT ITS REGULAR MEETING ON THE 17TH DAY OF NOVEMBER, 2014.

CITY OF MERCER ISLAND ______________________________ Bruce Bassett, Mayor ATTEST: __________________________________ Allison Spietz, City Clerk

AB 5021 Exhibit 4 Page 18

AB 5021 Exhibit 5 Page 19

CITY OF MERCER ISLAND RESOLUTION NO. 1494

A RESOLUTION OF THE CITY OF MERCER ISLAND, WASHINGTON ESTABLISHING THE BI-MONTHLY SERVICE CHARGE FOR STORM AND SURFACE WATER SERVICES SUPPLIED BY THE CITY OF MERCER ISLAND EFFECTIVE JANUARY 1, 2015 AND THEREAFTER.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON, AS FOLLOWS: Section 1. Storm and Surface Water Services Rates and Charges The rates and charges for storm and surface water services supplied by the City of Mercer Island for two months, or a fractional part thereof, shall be as follows:

A. Thirty one dollars and forty seven cents ($31.47) bi-monthly for each residential unit in the City.

B. Seven dollars and eighty seven cents ($7.87) bi-monthly for each low income user* in the City.

C. Thirty one dollars and forty seven cents ($31.47) bi-monthly times the number of equivalent service units for each multi-family complex or commercial property on the Island.

D. The number of equivalent service units for Multi-family and Commercial property is determined by dividing the total square feet of impervious surface for each account (which includes roof tops, pavement, and trafficked gravel) by the average square footage of impervious surface for single family residential accounts (3,471 square feet is the average.)

* “Low Income User” shall be a person who shows satisfactory proof that he or she is living in a single

family residence, and has a maximum annual income of not more than seventy percent (70%) of the Washington State median income as applicable for the number of individuals in the household as computed annually by the State or City. Applicants shall provide such data as to verify eligibility, upon forms provided by and in the manner determined by the City of Mercer Island.

Section 2. Effective Date This resolution shall take effect and be in force on and after January 1, 2015. Nothing contained herein shall affect the amount of collection of rates, fees, and charges established prior to January 1, 2015. PASSED BY THE CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON AT ITS MEETING ON THE 17TH DAY OF NOVEMBER, 2014. CITY OF MERCER ISLAND ______________________________

Bruce Bassett, Mayor ATTEST: __________________________________ Allison Spietz, City Clerk

CITY OF MERCER ISLAND RESOLUTION NO. 1495

A RESOLUTION OF THE CITY OF MERCER ISLAND, WASHINGTON ESTABLISHING THE BI-MONTHLY UTILITY FEE FOR THE EMERGENCY MEDICAL AND AMBULANCE SERVICES SUPPLIED BY THE CITY OF MERCER ISLAND EFFECTIVE JANUARY 1, 2015 AND THEREAFTER.

WHEREAS, In 1980, the Mercer Island City Council created an ambulance service public utility for the purpose of regulating the delivery of basic life support emergency medical and ambulance service within the City of Mercer Island (“Utility”); and

WHEREAS, The City of Mercer is authorized to set fees for the Utility under Chapter 15.02 of the Mercer Island City Code, RCW 35.21.766 and RCW 35.27.370(15); and WHEREAS, the Council has directed staff to establish a flat fee for a BLS ambulance transport service beginning in 2011, and revenue from such fees must be deducted from the demand cost of the ambulance utility; and WHEREAS, during their 2012 cost of service study, FCS Group has re-calculated the rates based on deducting the BLS ambulance transport service revenue from the demand cost of the ambulance utility. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON, AS FOLLOWS: Section 1. Emergency Medical and Ambulance Services Rates and Fees For the classifications of single family residential, multi-family residential, business/commercial, public schools, and public/other classifications, the emergency medical and ambulance services rates will be charged on a bi-monthly basis, per equivalent service unit (ESU) as shown in the utility billing system. The bi-monthly rates are shown in the table below.

For the classifications of residential board and care and 24 hour nursing care, the annual rates have two components: 1) $51.18 availability rate per ESU; and 2) $0.00 demand rate per call. The demand rate is based on the actual call volume from January 1, 2010 through December 31, 2011, and reflects the net demand cost after forecasted fire transport revenue has been deducted. Each of the facilities in these

ESU Bi-Monthly

Single Family Residential 1 $8.53

Multi-Family Residential# of Apt or

Condo Units $8.53

Commercial (<4,500 sq ft) 1 $8.53

Commercial (4,501-25,000 sq ft) 1 $8.53

Commercial (25,001-100,000 sq ft) 1 $8.53

Commercial (>100,000 sq ft) 1 $8.53

Public Schools 1 $8.53

Public/Other 1 $8.53

Customer Class

AB 5021 Exhibit 6 Page 20

classifications will be billed individually on a bi-monthly basis for their calls during the study period as shown in the table below:

New customers in the residential board and care and 24-hour nursing home classifications should be charged based on the average calls per unit for their classification until they have established their own call history. Section 2. Effective Date This resolution shall take effect and be in force on and after January 1, 2015. Nothing contained herein shall affect the amount of collection of rates, fees, and charges established prior to January 1, 2015. PASSED BY THE CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON AT ITS REGULAR MEETING ON THE 17TH DAY OF NOVEMBER 2014. CITY OF MERCER ISLAND

_________________________________ Bruce Bassett, Mayor

ATTEST: _________________________________ Allison Spietz, City Clerk

Residential Board & Care:

Covenant Shores $51.18 $0.00 $2,405.46 $0.00 $2,405.46 $400.91

Island House Retirement $51.18 $0.00 $716.52 $0.00 $716.52 $119.42

Sunrise Retirement $51.18 $0.00 $2,466.88 $0.00 $2,466.88 $411.15

Aljoya House $51.18 $0.00 $1,484.22 $0.00 $1,484.22 $247.37

In-Home Care $51.18 $0.00 $194.48 $0.00 $194.48 $32.41

24 Hour Nursing:

Covenant Shores (Skilled Nursing) $51.18 $0.00 $1,417.69 $0.00 $1,417.69 $236.28

Mercer Island Care Center $51.18 $0.00 $1,412.57 $0.00 $1,412.57 $235.43

Annual Availability Rate Per

ESU

Annual Demand Rate Per

CallBi-Monthly

Charge

Annual

Customer ClassAvailability

ChargeDemand Charge

Total Charge

AB 5021 Exhibit 6 Page 21

CITY OF MERCER ISLAND ORDINANCE NO. 14-13

AN ORDINANCE APPROPRIATING FUNDS AND FIXING THE AMOUNT OF TAXES TO BE LEVIED FOR THE YEAR 2015

WHEREAS, the City Council of the City of Mercer Island has conducted its review of the 2015-2016 Preliminary Budget; and WHEREAS, the City Council of the City of Mercer Island held a public hearing for the purpose of considering testimony regarding the 2015 property tax levy; and WHEREAS, the City Council of the City of Mercer Island, after due consideration of the evidence and testimony at the public hearing, has determined that the City requires an increase in property tax revenue in order to discharge the expected expenses and obligations of the City of Mercer Island; and WHEREAS, the voters of the City of Mercer Island approved a levy lid lift in 2008 for the purpose of operating and maintaining Luther Burbank Park and other City parks and open spaces; and WHEREAS, the voters of the City of Mercer Island approved a levy lid lift in 2012 for the purpose of replacing Fire Station No. 92 and a fire rescue truck; and WHEREAS, the City intends to collect $917,812 of the authorized 2008 Park Maintenance and Operations levy lid lift in 2015; and WHEREAS, the City intends to collect $662,000 of the authorized 2012 Fire Station and Fire Rescue Truck Replacement levy lid lift in 2015. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Total Property Tax.

There is hereby appropriated and fixed to be raised by general property taxes the amount of $12,284,954, which amount, when added to the estimated revenues will balance the revenues with the expenditures and which amount is in compliance with all applicable laws. Section 2. Detail of Property Tax.

There is hereby levied upon all taxable property within the City of Mercer Island, Washington, a total tax of $12,284,954 as follows: REGULAR LEVY: Prior Year Levy $10,371,101 1.0% Optional Increase ` 103,711 New Construction 195,183 Refund Levy 35,147 LEVY LID LIFTS: 2008 Parks Maintenance & Operations 917,812 2012 Fire Station & Fire Rescue Truck 662,000 ___________________________

TOTAL TAXES REQUESTED FOR 2015 $12,284,954

AB 5021 Exhibit 7 Page 22

The foregoing general levy amount shall be automatically adjusted without further action of the City Council to correspond to the final assessed valuation, new construction, and refund levy totals to be received from the King County Assessor prior to December 31, 2014. Section 3. City Clerk Certification. Pursuant to RCW 84.52.020, the Clerk is directed to certify the amount necessary to be raised by taxation as above specified to the Metropolitan King County Council. The City Finance Director is authorized and directed to transmit any adjustment made pursuant to Section 2 above to the general levy amount to the Metropolitan King County Council. Section 4. Effective Date. This ordinance shall take effect and be in force on and after January 1, 2015. Nothing contained herein shall affect the amount of collection of rates, fees, and charges established prior to January 1, 2015. ADOPTED BY THE CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON AT ITS REGULAR MEETING ON THE 17TH DAY OF NOVEMBER 2014. CITY OF MERCER ISLAND ____________________________________ Bruce Bassett, Mayor ATTEST: ______________________________ Allison Spietz, City Clerk APPROVED AS TO FORM: ________________________________ Katie Knight, City Attorney Date of Publication__________________

AB 5021 Exhibit 7 Page 23

CITY OF MERCER ISLAND ORDINANCE NO. 14-14

AN ORDINANCE AUTHORIZING AN INCREASE IN PROPERTY TAX REVENUE FOR 2015

WHEREAS, the City Council of the City of Mercer Island has conducted its review of the 2015-2016 Preliminary Budget; and WHEREAS, the City Council of the City of Mercer Island held a public hearing for the purpose of considering testimony regarding the 2015 property tax levy; and WHEREAS, the City Council of the City of Mercer Island, after due consideration of the evidence and testimony at the public hearing, has determined that the City requires an increase in property tax revenue in order to discharge the expected expenses and obligations of the City of Mercer Island; and WHEREAS, the voters of the City of Mercer Island approved a levy lid lift in 2008 for the purpose of operating and maintaining Luther Burbank Park and other City parks and open spaces; and WHEREAS, the voters of the City of Mercer Island approved a levy lid lift in 2012 for the purpose of replacing Fire Station No. 92 and a fire rescue truck; and WHEREAS, the City intends to collect $917,812 of the authorized 2008 Park Maintenance and Operations Levy Lid Lift in 2015; and WHEREAS, the City intends to collect $662,000 of the authorized 2012 Fire Station and Fire Rescue Truck Replacement levy lid lift in 2015. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Total Property Tax Increase. There is hereby levied upon all taxable property within the City of Mercer Island, Washington, a total property tax levy of $12,284,954. Excluding the amounts for new construction and refunds, this is $112,798, or 0.94 percent, more than the 2014 total property tax levy. Section 2. Regular Property Tax Increase. An optional increase in the regular property tax levy is hereby authorized for the 2015 levy in the amount of $103,711, which is a 1.00 percent increase from the previous year. The optional 1.00 percent increase is in addition to the new construction and refund levies. The 2015 total regular levy, excluding the amounts for new construction and refunds, is authorized in the amount of $10,474,812, which is $103,711, or 1.00 percent, more than the 2014 total regular levy. Section 3. 2008 Levy Lid Lift Increase. The voted property tax levy, which pertains to the Levy Lid Lift passed by a vote of the Mercer Island citizens on November 4, 2008, is hereby authorized for the 2015 levy in the total amount of $917,812. This is $9,087, or 1.00 percent, more than the 2014 levy lid lift and is within the provisions of the ballot measure.

AB 5021 Exhibit 8 Page 24

Section 4. 2012 Levy Lid Lift Increase. The voted property tax levy, which pertains to the Levy Lid Lift passed by a vote of the Mercer Island citizens on November 6, 2012, is hereby authorized for the 2015 levy in the total amount of $662,000. This is $0, or 0.00 percent, more than the 2014 levy lid lift and is in compliance with the provisions of the ballot measure. Section 5. City Clerk Certification. Pursuant to RCW 84.52.020, the Clerk is directed to certify the amount necessary to be raised by taxation as above specified to the Metropolitan King County Council. The City Finance Director is authorized and directed to transmit any adjustment made pursuant to Section 2 above to the general levy amount to the Metropolitan King County Council. Section 6. Effective Date. This ordinance shall take effect and be in force on and after January 1, 2015. Nothing contained herein shall affect the amount of collection of rates, fees, and charges established prior to January 1, 2015. ADOPTED BY THE CITY COUNCIL OF MERCER ISLAND, WASHINGTON AT ITS REGULAR MEETING ON THE 17TH DAY OF NOVEMBER 2014. CITY OF MERCER ISLAND ____________________________________ Bruce Bassett, Mayor ATTEST: ______________________________ Allison Spietz, City Clerk APPROVED AS TO FORM: ________________________________ Katie Knight, City Attorney Date of Publication__________________

AB 5021 Exhibit 8 Page 25

All agendas and items are subject to change    Updated: 11/13/2014 3:48 PM   1 

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. 

NOVEMBER 17 ‐ 5:30 PM 

5:30 – 6:00 pm Executive Session 

Executive Session to discuss with legal counsel representing the agency litigation or potential litigation to which the agency is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency pursuant to RCW 42.30.110(1)(i) for approximately 30 minutes 

30 

6:00 – 7:00 pm  Mercer Island Transportation Benefit District Board Meeting – F. Lake & C. Schuck  60 

7:00 pm Regular Business 

Revision to Shoreline Master Program Update (1st Reading) – S. Greenberg  60 

Public Hearing 2015‐2016 Preliminary Budget (Finalize Changes to Operating & CIP Budget, 2015 NORCOM Budget Resolution, 2015 Utility Rate Resolutions, and 2015 Property Tax Ordinances)—C. Corder 

90 

 

DECEMBER 1 ‐ 6:00 PM 

Item Type  Topic/Presenter  Time 

Study Session  Sound Transit – Parking and Integrated Bus Options – K. Taylor  60 

Consent Calendar   Automated Fingerprint Identification System Interlocal Agreement – J. Magnan  ‐‐ 

Public Hearing  2015‐2016 Final Budget Adoption—C. Corder  15 

Regular Business  2015 City Legislative Agenda – K. Taylor  30 

Regular Business  3rd Quarter 2014 Financial Status Report & Budget Adjustments—C. Corder  30 

Regular Business  Zoning Code Amendment by Council for Special Use Permits (1st Reading) – S. Greenberg  30 

 

DECEMBER 15 

  Potentially Canceled   

 

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐  2015  ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐  

JANUARY 5 

Item Type  Topic/Presenter  Time 

Consent Calendar  Resolution Establishing Policy for Unpaid Holidays for Reasons of Faith or Conscience for Employees – K. Segle 

‐‐ 

Regular Business  Zoning Code Amendment by Council for Special Use Permits (2nd Reading) – S. Greenberg   30 

Regular Business  Zoning Code Amendment application by AT&T (1st Reading) – G. Steirer  30 

 

JANUARY 20 (TUESDAY) – 6:00 PM 

Item Type  Topic/Presenter  Time 

Study Session  Communities That Care Update – C. Goodwin  60 

Regular Business  Zoning Code Amendment application by AT&T (2nd Reading) – G. Steirer  30 

  

All agendas and items are subject to change    Updated: 11/13/2014 3:48 PM   2 

JANUARY 23‐25 (FRIDAY‐SUNDAY) 

  2015 Planning Session (MICEC)   

 

FEBRUARY 2 

Item Type  Topic/Presenter  Time 

     

     

 

FEBRUARY 17 (TUESDAY) 

Item Type  Topic/Presenter  Time 

     

     

 

MARCH 2 

Item Type  Topic/Presenter  Time 

     

     

 

MARCH 16 

Item Type  Topic/Presenter  Time 

     

     

  OTHER ITEMS TO BE SCHEDULED: 

Comcast Franchise – K. Knight PSE Electric Franchise – K. Knight Zoning Code Amendment by the Planning Commission for Definition of ‘Tract’ – G. Steirer Comprehensive Plan Update – to be scheduled in 2015 – G. Steirer Electrical Code Adoption – D. Cole 

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