Council holds public meeting on Tent City temporary encampment ordinance

A public hearing on the Tent City temporary encampment ordinance will be held before the City Council meeting on Tuesday, Jan. 19. The Planning Commission has prepared the new city ordinance for public and Council review. Islanders are welcome to attend the meeting and express their opinions on the ordinance.

Following the public hearing, city staff will present the Council with the recommended ordinance for its first reading. The second reading, with possible adoption of the document, will take place on Feb. 1.

Interest in creating a temporary encampment ordinance stems from Tent City 4’s three-month stay on Mercer Island in 2008. In August of that year, the United Methodist Church hosted the roving homeless encampment, managed by the nonprofit organization SHARE/WHEEL, on its First Hill property.

A number of neighbors opposed to hosting Tent City on the Island gathered together to file a legal claim against the city. Their suit contended that the city’s agreement with the United Methodist Church and SHARE/WHEEL to host the camp was illegal, as there was no temporary encampment ordinance in place allowing for the set-up. The plaintiff, calling itself Citizens for Fair Process, also protested that First Hill neighbors were not properly notified of Tent City’s arrival, and they were not given the opportunity to approve of the camp.

The plaintiff’s trial was heard in April. King County Superior Court Judge Michael J. Fox determined that the group’s due process rights were not violated since the city did publish information about Tent City 4 coming to Mercer Island. The city also provided ample notice over its decision to create a temporary use agreement that would allow the Methodist church to host the camp, Fox said. Based on these facts, the plaintiff’s case was overlooked.

Citizens for Fair Process has since appealed the case. The appeal is scheduled to be heard in late February.

Meanwhile, on the city’s side, efforts have been made to introduce a temporary encampment ordinance that would allow Tent City 4 to return to the Island. At the City Council’s mini-planning session in June, Councilmembers directed staff to prepare a draft ordinance for their consideration.

A public meeting with First Hill residents was held in August to receive input and perspective regarding the 2008 hosting of Tent City. A communitywide meeting was organized in October to introduce Islanders to the draft ordinance. About 50 people attended the meeting to voice their experience with Tent City’s 2008 stay, provide comments and learn about the temporary encampment ordinance.

The meeting was also an opportunity to provide formal comments under the State Environmental Policy Act regarding the draft ordinance that would place regulations on temporary encampments, such as Tent City. The comment period ended Oct. 28, 2009.

To view the temporary encampment draft ordinance, please see the Planning Commission’s online agenda at www.mercergov.org. For background information on Tent City 4’s Mercer Island stay, visit the Reporter online at www.mi-reporter.com.