Loading...
HomeMy WebLinkAbout03-14-2011 - Agenda PacketOfM MAYOR BRETJORDAN DEPUTY MAYOR SHAWN WHITNEY COUNCIL MEMBERS PATRICK BOYD DOUG DICHARRY JANIE LEE MARK NELSON KATIE PHELPS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MEDINA, WASHINGTON MEDINA CITY COUNCIL MEETING AGENDA St. Thomas School, Commons Room 8300 Northeast 12 Street, Medina MONDAY, MARCH 14, 2011 6:30 PM APPROVAL OF MEETING AGENDA PRESENTATION P-1: Jane Hague, King County Council Member CITY MANAGER DONNA HANSON CITY ATTORNEY BRUCE DISEND CITY CLERK RACHEL BAKER 6:30 PM PUBLIC COMMENTS At this time, citizens may address the City Council regarding any issue on the council agenda and any non -agenda items related to city business, excluding public hearings. To ensure equal opportunity for the public to comment, a speaker's comments shall be limited to three minutes per person, per meeting. Those who have service requests or complaints are encouraged to first bring such matters to the city manager for prompt attention and resolution. Council meetings are business meetings where City Council may hear from residents and take action on official City business. In order to accomplish all the business on the agenda and be respectful of everyone's time, Council Members will not be able to engage in dialogue with individual members of the audience. REPORTS AND ANNOUNCEMENTS RA 1: Mayor RA 2: Council RA-3: Advisory Boards/Commissions/Committees RA 4: City Manager/Staff a. State Route 520 Tolling and Transponder Sales b. Part 150 Study Report (Allyson Jackson) Medina City Hall 18398 Northeast 12 Street ( Medina WA 98039 425-233-6400 1 www.medina-wa.gov CONSENT AGENDA These items will be acted upon as a whole unless called upon by a council member. CA 1: Approval of February 15, 2011 City Council Special Meeting Minutes CA 2: Approval of March 2, 2011 City Council Special Meeting Minutes CA 3: Approval of March 7, 2011 City Council Special Meeting Minutes CA 4: Approval of December 2010 (13th Month) Check Register CA 5: Approval of 2010 Financial Year End Report CA 6: Approval of January, 2011 Check Register CA 7: Approval of February, 2011 Check Register CA 8: Contract Award: NE 12 Street/Lake Washington Boulevard Improvement Project CA 9: Receipt of January 24, 2011 Park Board Meeting Minutes OTHER BUSINESS OB-1: Approval of Medina City Hall Construction Change Order No. 9 OB-2: Authorization to Purchase Office Furniture for Medina City Hall OB-3: Wireless Communications Facility Lease: Fairweather Nature Preserve OB-4: WSDOT Right of Entry at Fairweather Nature Preserve OB-5: State Route 520 Fly -Over Ramp Status OB-6: Medina Monthly Postcard Sample Discussion OB-7: Council Agenda Calendar ADJOURNMENT 1. Next Regular Meeting - Monday, April 11, 2011; 6:30 pm St. Thomas School, Commons Room 44 SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOXI Visit www.medina-wa.¢ov and click on E-Notice Program. Medina City Council March 14, 2011 Page Meeting with Ron Fincher, FAA March 4, 2011 Attendees: Allyson Jackson, City of Medina Part 150 Consultant Temple Johnson, City of Medina Aviation Technical Consultant Mark Nelson, Former Mayor and City Council Member (for Bret Jordan) Ron Fincher, FAA District Manager Meeting Objectives: • North Flow East Turn: o Receive a FAA update on process and timeline for evaluating procedural changes that would concentrate East Turn flights in the open water between Medina and Mercer Island and options for nighttime curfew extension. • South Flow Arrivals: o Re -open the South Flow Arrival non-compliance discussion. o Share our findings that the Port's tracking tool is missing a large percentage of non -compliant flights o Share our findings that the FAA is required by their own internal directives to comply with the original Environmental Assessment (EA). (Changes to a flight track do require the completion of a new EA.) o Gain Fincher's commitment to get South flow arrivals back on track. Gain Fincher's commitment to keep Medina involved in both efforts. Summary of Discussion: North Flow East Turn: Fincher stated that he reviewed previous FAA efforts to use FMS (a cockpit navigational tool) to concentrate the East Turn flights over the open water. Based on these previous efforts, he has determined that using this older technology places too much manual workload on air traffic controllers. Fincher stated that the newer GPS technology (RNP) is much more precise without manual air traffic controller intervention. It allows aircraft to fly safely in a very narrow corridor. It is now in the cockpits of almost all Alaska Airlines aircraft and 60% of all aircraft using SeaTac. This technology is the foundation for NexGen and is being utilized for overhauling the US air traffic system. Because our region is home to Boeing and Alaska Airlines, SeaTac is on the forefront of implementation with Alaska Airline's Greener Skies Initiative (a joint effort between Alaska Airlines, Boeing, Port of Seattle and the FAA). As part of the Greener Skies Initiative, the FAA will be developing and implementing new RNP procedures for the Four Post Plan, beginning with South Flow procedures from the west (Puget Sound approach). Fincher believes that this effort will be complete in 6-9 months. After these procedures are approved, Fincher committed that the FAA will start on the North Flow East Turn RNP procedures which he believes would take an additional 12 months. Each RNP procedure must be developed, simulated, evaluated and tested by the FAA's 18 step process, one of which is an environmental assessment. Fincher committed that he will keep Medina in the loop and insisted that he remain our FAA point of contact. (Greener Skies Initiative information: http://www.trbav030.org/pdf20l0/Stewart RNP SEA.pdf or www.alaskaair.com/content/about-us/social-responsibility/greener-skies-initiative aspx) Discussion and Recommended Action Items: Whenever the FAA develops new procedures, Medina is at risk because of it's location within the Four Post Plan. It should be Medina's goal to ensure that any procedural changes on the North Flow East Turn do not worsen Medina's noise situation. For example, RNP technology allows for a very narrow, precise flight track. If this concentrated flight track ended up over the land mass of Medina, it would be very detrimental. On the other hand, if it allows the flights to be moved into the open water corridor, it would be a significant improvement. It is therefore in Medina's best interests to stay involved with the FAA and if possible, with the Greener Skies project to influence the final location of the track. • Recommend that Allyson stay in touch with Ron Fincher and utilize Temple's expertise as needed. • Recommend that Allyson attend (at Fincher's suggestion) some of the Greener Skies Initiative meetings to represent Medina's interests as the flight tracks are developed. Extended Curfew for North Flow East Turn Flights: Fincher stated they have completed their evaluation of extended curfew and have determined that volumes are low enough on Sat am and Sunday morning to justify extending curfew. The TRACON (local air traffic) is on board and ready to test it. They are still working to gain the support of the regional center. He anticipates that they will test it soon. Current curfew requires that all north flow departures go out the Duwamish Corridor after 11 pm and before 6 am, 7 nights a week. The new curfew would begin at 10 pm on Saturday night and end at 7 am Sunday moming.....a bit of weekend relief! Fincher will keep us informed of the progress of this effort. (As an aside, there is no curfew for South Flow arrivals) Recommended Action Items: Allyson follow up on progress of this effort with Ron Fincher. Summary of Discussion continued: South Flow Arrivals: This was a lively discussion! Temple shared his background on the development and implementation of the Four Post Plan... attending over 100 public comment meetings and participating in a two year mediation program with Airlines, Port, Seatac, FAA and municipal representatives. The Four Post procedures were a direct result of the effort and evolved out of many compromises. The Four Post Plan was legally challenged and the courts ruled in favor of the FAA. However, the FAA was warned that any changes to these procedures may not hold up under legal scrutiny. In preparation for our meeting, Temple contacted FAA Headquarters to understand their internal policies on "shelf life" of an EA, if the local FAA can arbitrarily change EA procedures and whether communities can request a new EA. He was assured that EAs have indefinite shelf life and that the FAA requires a possible new EA if changes occurr. Communities cannot request an EA but again the FAA requires that the local FAA complete a possible new EA if a procedure is changed. Temple shared this information with Fincher. Allyson presented data showing a large percentage of south flow arrivals that are not tagged by the Port as non- compliant. As a result, the south flow arrival track has been allowed to shift southward toward and over Medina without a negative result on compliance data. See the flight track below. Only the flights that have black circles on them are currently tagged as non -compliant. The flights highlighted in yellow are non -compliant per the Four Post Plan Environmental Assessment but are currently not being flagged as non compliant by the Port's tracking tool. For these flight to comply with procedures they would have to fly further north in order to be able to join the arrival stream north of 520. If they followed the procedure, the aircraft would be well north of Medina, where they used to be. Fincher said he would work with the Port to determine why the track is being monitored in this way. (As an aside, I have since spoken with the Port, they agree that the current monitoring is not accurately tracking the EA procedures and said they will work with the Port to determine why the parameters were set this way. In addition, they are going to create a special report to show what compliance would be if tracking parameters were moved to reflect the EA procedures.) Fincher stated that he will task the group that is working on RNP procedures to develop RNP procedures for south flow arrivals from the east concurrently with working on arrivals from the west. He gave a rough estimate of 12 months. There was a great deal of discussion on where this track would be located. Would it be in strict adherence to the Four Post south flow arrival procedure or more closely aligned with where the flights are today? Fincher did not give us a definitive answer. Fincher wants to continue as our point of contact on this issue and has promised to keep us in the loop. There was also discussion on visual approaches (when the Tower allows the pilot to direct themselves in during light volume and high visibility). Temple believes that the EA does not allow visual approaches for south flow arrivals from the east. Fincher has a different interpretation and is going to look into this issue. In the meantime, I have spoken with the Port of Seattle, they have finished reviewing the flights that are currently tagged as non- compliant (the ones with black circles in the chart below) and fly directly over Medina. Their review has determined that almost all of these are pilots landing utilizing a visual approach. The Part 150 Consultant is putting together a new visual approach procedure with the goal of keeping the visual approach flights north of Medina. From Medina's perspective, I don't think it is an issue of whether the EA allows visual approaches or not but rather, that visual approaches have procedures that do not allow them to overfly Medina. Discussion and Recommended Action Items: Again, Medina needs to stay involved in the process as new RNP procedures are developed for the south flow arrivals. Because the Port and FAA are under great pressure from the airlines to allow them to turn their flights earlier (and over Medina) in order to get to the airport sooner (and save fuel), the FAA could be inclined to shift the south flow arrival stream south. In doing so, Medina could end up under a south flow arrival track, 24 hours a day, 65% of the year. Medina needs to stay involved to ensure that this South Flow flight track is in strict compliance with the Four Post Plan EA procedures. If the FAA tries to move this track south, it may require hiring an aviation attorney to protect Medina's interests. In the near term, I recommend that: • Allyson follow up with Port to get a copy of the special report they are preparing which will show all non -compliant flights and pressure the Port and FAA to permanently change the tracking parameters to capture all non -compliant flight. • Allyson, with Temple's assistance, follow-up with Fincher and the Port on changing the non -compliant tracking procedures so that future compliance reports include all non -compliant flight. Medina's goal should be to put pressure on the FAA now to push aircraft north where they should be and be the basis for the new RNP procedures. • Allyson follow-up with Part 150 consultant regarding new visual approach procedures and continue to attend only the Part 150 Public Meetings where the Fly Quiet Program will be discussed. • Allyson (with Temple's expertise) stay involved with Greener Skies Initiative and Ron Fincher to influence the locations of the new RNP procedure for south flow arrivals. 2mi N� ArrivSs� z g' " �` overfWgihts Flight Track Map for 1'1/2/09 from midnight to 11:59 p.m. ITEM RA-4 CITY OF MEDINA Office of the City Manager Date March 14, 2011 To: Mayor and City Council From: Donna Hanson, City Manager Subject: City Manager Report 1. We are working on Council direction to "over communicate." Our first quarter newsletter is in the drafting stage and we will have a sample of the March postcard for Council review on Monday. Since the postcard is a new idea, we want to make sure we are hitting the mark or at least getting a good start. Also in preparation for the discussion on strategic community outreach plan we are talking to representatives from Bellevue School District, City of Bellevue, and City of Kirkland because they have experienced staff in this area and may be able to help guide us on how to put our resources to the best use. 2. One of the concerns raised by our auditor this year was adequate controls over small and attractive assets. "A small and attractive item is an item purchased for less than $5,000 with a life expectancy of more than one year, which have a likelihood of disappearance without being noticed." Our plan is to inventory and tag all items in all departments and then each department will be responsible for keeping up and reporting changes. We will start with Public Works before they move for their remodel. Then we will update Police and City Hall before our move back to city hall in the summer. After we move back into city hall we will again update the inventory with all the new items. It is important to get a system into place and then it will be easier to update it has we add and delete. 3. There will again be a detailed report on City Hall construction during the Council meeting, but wanted to let you know that construction is progressing to the point of some very detailed work such as key planning, furniture, door, and cabinetry selection. Framing is in progress and you can get a good idea how much impact there will be on the park. Completion is still on target for midsummer, but we are waiting to see how progress, will or will not impact our summer beach program. Safety will be the driver. 4. The Police Department continues to investigate the residential burglaries that occurred late last year. So far charges have been filed against three individuals with pending charges on a fourth. They are anticipating a fifth person being charged with residential burglary as well as two more individuals with trafficking in stolen property for a total of seven people charged related to this case. As of today PD has recovered approximately $10,000 worth of property. This group is linked to 21 burglaries in King County and Snohomish County including 3 burglaries in Medina, 3 burglaries in Clyde Hill, and one attempted burglary in Medina. It is estimated that over $200,000 worth of property was stolen including two cars. ITEM RA-4 CITY OF MEDINA Office of the City Manager March 9, 2011 To: Mayor and City Council Via: Donna Hanson, City Manager From: Rachel Baker, Central Services Director Subject: Central Services Department Monthly Report March Public Meetings City Council Executive Session, Wed, March 2, 3:30 pm, St. Thomas Church Music Room City Council Executive Session, Mon, March 7, 5:30 pm, St. Thomas Church Music Room Shoreline Citizen Advisory Committee, Wed, March 9, 5:30 pm, Temporary City Hall, Bldg. A City Council Regular Meeting, Mon, March 14, 6:30 pm, St. Thomas School, Commons Room Shoreline Citizen Advisory Committee, Wed, March 16, 5:30 pm, Temporary City Hall, Bldg. A Emergency Preparedness Committee, Wed, March 16, 7:00 pm, St. Thomas Church, Music Room Hearing Examiner, Mon, March 21,430 pm, St. Thomas Church, Music Room Park Board, Mon, March 21, 6:00 pm, St. Thomas Church, Music Room Planning Commission, Tues, March 22, 6:30 pm, St. Thomas Church, Music Room Meetings are publicly noticed on the City's three official notice boards, City website, and via GovDelivery. Occasionally notices require publication in the City's official newspaper, The Seattle Times. Public meetings scheduled after publication of this report can be found on the City's website. Advisory Boards/Commissions/Committees Position Recruitment To date five applications [Park Board (1), Civil Service Commission (3), and Planning Commission (1)] have been received in response to the notice posted January 6 to recruit for full term advisory board/commission positions expiring during 2011. The application period concluded Monday, February 28 and was extended until Friday, April 1 to encourage more citizens to apply. Information about position responsibilities can be found on the City's website. Expiring full term vacancies include: Park Board Positions 2 and 5 (terms 71112011 through 613012015) Planning Commission Positions 2 and 4 (terms 71112011 through 613012015) Civil Service Commission Position 1(term 71112011 through 613012017). The City Council is scheduled to confirm appointments to the Park Board and Planning Commission during its June meeting. The city manager is responsible for appointing to the Civil Service Commission. 1 1114ltil:1_Q'1 Public Records Requests Approximately 55 public records requests were received between January 1 and March 9. Ten requests, two of which were received in 2010, remain in process. Passports City Staff have taken in 68 passport applications between January 1 and March 8. Applications are accepted between 9am and 4pm, Monday through Friday. Appointments are not required, but highly encouraged. Three changes regarding the application process began March 1. First, the US Government issued revised application forms which are available at City Hall and at www.travel.state.gov. Second, a photocopy of the front and back side of parent/guardian ID must be submitted with the Statement of Consent form. This form is required for minors when only one parent/guardian can be present during application. Copies of both parent/guardian IDS are required to accompany all minor applications. Lastly, only one passport photo is now required with new and renewal applications (previously two have been required). Photo quality is extremely important. Additional information regarding these and other requirements can be found at www.travel.state.gov. GovDelivery E-Notice Program Since the February department report, 35 notices were issued via GovDelivery: Public meeting notices (14), development notices (1), meeting audio (1), 2011 council action calendar (1), ordinances adopted (1), agenda packets (4), approved meeting minutes (2), city news (4), holiday hours (1), call for bids (4), volunteer recruitment notices (2). GovDelivery was implemented in Spring 2010 as a method to efficiently and timely communicate current City news and events electronically to subscribers on a variety of topics. Attached is a summary of subscription statistics. City Website Efforts are underway to update the aesthetic appearance of the City's website. Work is expected to be completed by May. State Route 520 "Good to Go" toll rate information has been linked to the bottom of the City's homepage and details regarding the 2011 Medina Shredder Day event (scheduled from 9 am to 1 pm on May 14 at Medina Park) are also available. E-Notices will be transmitted regarding these events. Thanks to a citizen request, online City Council meeting agendas will now be edited to reflect time agenda matters discussed so users can more easily browse through meeting recordings. W SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOX! Visit www.medina-wa.gov and click on E-Notice Program. IQ c O a u3f � V/ 0 c 0 a Y H Q a lIl V1 N 'p Ol M M O �•-i Ql c M N Ln N N O O O O C)O O O C) O r M m C) C)O C)N ClC) O O C U w > o u a ao o — m o z O a) ¢ -, � i ¢ N N O N M N O m N Ln N .--I y 0 0 �O V1 M v1 N u1 O u1 LO V to d' V C' m V N CF M mLA Ol N a m U m O O O O a c c p Cl ON O ON O p ON C) O n E v. N N z O vOi Q —�, Q H£ rn v �4 V OA C H Y cu c O 0) U U U � a Z a Z Ln D m Ol m A E m a �' ? m kD � r, N N � a) a/ t1 u ti a) i1 m m m a) > u) a) O O 7 O" w =' a sad a o E a) v= O O O1 O U - v a) ul a O N v N p M c > c U > c O O Cl a w a) cc O O of 2 m O cn t 2 In a O > O O > z O a .'> O m Ln m m + c rl LO m v m I v a a a) O Y N y O Y 'O C al a) Y C U C v v a f6 O m w u N a Z o71 a o i 00 C t6 ¢ m a) U E O} O 0 9 L C = m O m m -6 <a in O a/ m aEi in > O u O. m C f6 •C E a 00 C N •C E �i L E t6 a E N N Cy w C -O C i O i C W i C E c.: 7 C E N ii m i w¢ = c c a? m :E Z a O a) a Q a Q. a a m a a V Q C a U � m C' m V1 Ol r, NO 'A e•1 <t 1� V N Ol N m C) N O > > v E v c v > w y a c w c 3 a (U T an >, w > a) >, a) 3 j t E v O_ t O. o E t1 E Z Cl v1 o d U a c U C c U C C a N z N to a1 o. m t�6 � v [2 a) w v O .�'' f0 W 'O N is m +�+ �% W a) E CO — c E v m E= E> > > w v E w v n c m H a) a 3 aL-. �' m CL o > c to C O E m Uo W d O m U o. 2 U a a) O a z a) W cn w E O Oc w U Q E w a E i) a) w a z W w lS w I, m LO m N m 00 0000 Ln N s-1 m m c-I OD c c Y O 'O C O u 06 w :9 E E u m �a �Q o ai E m cm 06 O C a 7 C 7 OCO C 7 c c O c c m C >, O _ w > d O m U U Y U pO3 C f6 a) W W W E (a cL E c m .+m+ w a m +� +A am O Y c V Y U C C m° > > o Y 3 w ¢ U U H a oao U Q V CJ U z tJ d V Z� U- U Z' ITEM RA-4 CITY OF MEDINA Office of the City Manager March 14, 2011 To: Mayor and City Council Via: Donna Hanson, City Manager From: Robert J. Grumbach, AICP, Director of Development Services Subject: Monthly Development Services Department Report Planning Commission Meeting Recap: The Planning Commission discussed the volume of work they are currently addressing. There was a concern that the large amount of materials to read within a short timeframe was making it difficult to make well thought-out recommendations. Towards the end of the meeting, it was determined that work on the comprehensive zoning code update would need to be put on hold until the shoreline master program update and the comprehensive plan amendments were completed (anticipated to be towards the end of the year. It was noted that the accessory use/building part of the zoning update would still need to move forward sooner in order to resolve a related court case. The majority of the meeting was spent discussing the comprehensive plan amendment. The commissioners focused on elements of street classification, pathways, on -street parking, landscaping and lighting. There were concerns expressed about requiring sidewalks and about altering the City's streetscape in general. The commissioners reached a consensus to base future discussion on a vision statement to "maintain the natural sylvan environment consistent with and while improving pedestrian safety where appropriate." Hearing Examiner Decisions: • No. SUP 273: Non -administrative special use permit to install a distributed antenna system on 10 utility poles within the City's rights -of -way and connect them by fiber optic cable. The Hearing Examiner approved the application subject to 11 conditions. • No. SUP 274: Non -administrative special use permit to install electronic radio, fiber optic lines, and telerone switching equipment at the City maintenance shop building at 1000 80t Avenue N.E. The Hearing Examiner approved the application subject to 9 conditions. ITEM RA-4 • No. CUP 275: Conditional use permit to add a second story addition to the City Shop maintenance building and to house ancillary equipment for the distributed antenna system at 1000 80t" Avenue N.E. The Hearing Examiner approved the application subject to 4 conditions. Land Use Administrative Decisions: • None Land Use Decisions Issued For 2011: Type of Decision Variances/ Minor Deviations SEPA Conditional Uses/ Special Uses Substantial Development Permit Lot Line Adjustments Short Subdivisions Site Plan Reviews Wireless Facilities Land Use Applications Received in February: Case Number Description of Permit LLA 2011-01 Lot line elimination to combine two lots 2011 YTD 0 0 2 0 0 0 0 2 Location 8105 Overlake Drive E. (Lots 30/31) Building/ ROW Permit Applications Received — Feb 1 through Feb 28, 2011: Building Permits: 6 Grading/ Drainage 2 Demolition Permits: 0 Fence: 1 Mechanical: 3 Reroof: 0 Fire Sprinkler: 3 Right-of-way Permits 4 Building Permits Issued in January 2011: See Attached. Other Items of Interest: • Hearing Examiner Selection Process. Robin Baker, Olbrechts & Associates, and Sound Law Center submitted proposals to provide Medina with hearing examiner services. The current contract with Robin Baker expires in April. Staff will interview the candidates by attending hearings in which to observe them. These hearings are scheduled March 23 and March 28. Staff will follow- up with the City Council in April to discuss whether the entire council or council committee wishes to interview all three candidates, or interview the finalist recommended by staff. 2 ITEM RA-4 MMC 2.78.020 establishes that the City Council shall provide the City manager with comments regarding the qualifications for the final candidates for the position. The City manager shall employ or contract with one or more persons. The contract is budgeted to exceed $15,000 annually, which requires contract approval by the City Council. • SR 520 Toll Passes: All -electronic tolling begins on the floating section of the SR 520 bridge this coming spring. When tolling begins, you will travel across the bridge like today, but a tolling system mounted on the east approach will automatically detect your transponder or license plate and deduct the toll amount from your account. Those without an account will be billed by mail. You can set up a prepaid "Good To Go" account by either purchasing a transponder to mount in your vehicle or registering your license plate for photo identification. The customer service center opened February 15. According to their website the best time to call is 7:00 am to 9:00 am and 6:00 pm to 7:00 pm. A van will beat Medina Park on March 17 from noon to 6:00 pm for those wishing to sign-up locally. Proposed SR 520 toll rates for two -axle vehicles (includes motorcycles) are as follows: Mondays - Fridays Good To Go! Pass Pay By Mail Midnight to 5 a.m. 0 0 5 a.m. to 6 a.m. $1.60 $3.10 6 a.m. to 7 a.m. $2.80 $4.30 7 a.m. to 9 a.m. $3.50 $5.00 9 a.m. to 10 a.m. $2.80 $4.30 10 a.m. to 2 p.m. $2.25 $3.75 2 p.m. to 3 p.m. $2.80 $4.30 3 p.m. to 6 p.m. $3.50 $5.00 6 p.m. to 7 p.m. $2.80 $4.30 7 p.m. to 9 p.m. $2.25 $3.75 9 p.m. to 11 p.m. $1.60 $3.10 11 p.m. to 11:59 p.m. 0 0 Saturdays and Sundays Good To Go! Pass Pay By Mail Midnight to 5 a.m. 0 0 5 a.m. to 8 a.m. $1.10 $2.60 8 a.m. to 11 a.m. $1.65 $3.15 11 a.m. to 6 p.m. $2.20 $3.70 6 p.m. to 9 p.m. $1.65 $3.15 9 P.M. to 11 P.M. $1.10 $2.60 11 p.m. to 11:59 p.m. 0 0 3 ITEM RA-4 Permit Report January, 2011 2011 2010 Current Current 2011 2010 Month Month YTD YTD Difference Construction Value New Construction 0 2,000,000 0 2,000,000 ($2,000,000) Permit Renewals 0 0 0 0 $0 Addition / Alteration 1,020,000 309,705 1,020,000 309,705 $710,295 Accessory Structure 50,000 700 50,000 700 $49,300 Repair / Replace 0 0 0 0 $0 Fence/Wall 0 15,300 0 15,300 ($15,300) Mechanical N/A 0 N/A 0 N/A Fire Sprinkler 0 17,945 0 17,945 ($17,945) Wireless Comm Facility 0 0 0 0 $0 TOTAL VALUE 1,070,000 2,343,650 1,070,000 1 2,343,650 1,273,650 Permits Issued New Construction 0 1 0 1 (1) Permit Renewals 0 0 0 0 0 Addition / Alteration 2 2 2 2 0 Accessory Structure 1 1 1 1 0 Fence/Wall 0 4 0 4 (4) Demolition 1 3 1 3 (2) Grading/Drainage 1 1 1 1 0 Tree Mitigation 1 1 1 1 0 Mechanical 5 3 5 3 2 Fire Sprinkler 0 2 0 2 (2) Other - Moving 0 0 0 0 0 Re roof 0 1 0 1 (1) Repair / Replace 0 0 0 0 0 Right -of -Way Use 5 4 5 4 1 Construction Mitigation 1 1 1 1 0 Wireless Comm Facility 0 0 0 0 0 TOTAL PERMITS 1 17 1 24 17 1 24 7 Inspections Building 41 51 35 24 11 Construction Mitigation 5 2 5 0 5 Grading/Drainage 6 15 6 5 1 Tree Mitigation 1 9 1 1 0 Right -of -Way 3 22 3 18 15 TOTAL INSPECTIONS 56 99 50 48 1 2 ITEM RA-4 MEDINA POLICE DEPARTMENT MONTHLY SUMMARY FEBRUARY, 2011 FELONY CRIMES Vehicle Prowl (Theft) 2011-0000276 02/06/11 400 block of Upland Road Between 11:30 PM and midnight unknown suspect(s) entered an unlocked vehicle and stole cash, several gift cards, house keys, and a couple wallets. Total loss: $730. Vehicle Stolen 2011-0000330 02/12/11 E-lert #11-03 2500 block of Wh Ave NE Between 7:00 PM on February 11 and 8:00 AM February 12, a vehicle was stolen from approximately the 2500 block of 80'h Ave NE. The vehicle had been locked and left in the driveway. Vehicle Prowl (Theft) 2011-0000331 02/12/11 2400 block of 80`h Ave NE Between the hours of midnight and 11:00 am on February 12 unknown suspect(s) entered a locked vehicle parked in the driveway of the residence. A laptop was taken from inside the vehicle. Total loss: $1,000. Vehicle Prowl 2011-0000456 02/28/11 2500 block of Medina Circle E-lert #11-04 Between 9:00 PM on February 27 and 7:00 AM on February 28, unknown suspect(s) prowled a vehicle that was parked in a driveway in the 2500 block of Medina Circle. The prowlers were able to access the interior of the vehicle including the trunk. The suspect(s) removed a GPS device and other items with a total value of approximately $500. Medina Police are investigating. MISDEMEANOR CRIMES Theft 2011-0000233 02/02/11 7800 block of NE 8th St Victim reported on February 2, between 1:00 pm and 2:00 pm two packages were taken from her front porch. Total loss: $100 Vehicle Prowl 2011-0000417 02/21/11 1100 block of Evergreen Pt Rd Medina officer observed a backpack in front of the above address. The backpack was open and a piece of paper with the above address. The homeowner claimed the backpack as his and it was taken from inside his unlocked vehicle overnight. He verified nothing was missing. ITEM RA-4 OTHER Three Arrested in String of Medina Burglaries E-lert #11-01 Medina Police along with the King County and Snohomish County Sheriff's Office participated in a search warrant this morning on a residence in Snohomish County. The search warrant was a result of an ongoing investigation being conducted by the Medina Police Department. Numerous items suspected of being stolen have been recovered and three people are in custody. This investigation began after burglaries in Medina that occurred 11/30/10 (E-lert #10-28), 12/9/10 (E-lert 10-29), and 12/12/10 (E-lert 10-30). In addition, the suspected burglars have been linked to ten more burglaries that have occurred throughout the eastside. One of the suspects' claims they may have committed as many as 40 burglaries in just the month of December 2010 alone. The investigation is continuing with charges against all three expected to be filed shortly. Traffic Stop Leads to Arrest of Subject In Clyde Hill Burglary E-lert #11-02 At approximately 2324 hours on 2/11/11, a Medina Police Officer attempted to stop a vehicle for a minor traffic violation. The vehicle pulled over briefly in the 8500 block of NE 28`h ST. As the Officer exited his vehicle the suspect vehicle took off. As the Officer attempted to catch back up to the vehicle, the driver of the suspect vehicle lost control leaving the roadway and striking a tree in the 2500 block of 85`h Ave NE. The suspect then attempted to flee on foot but after a short foot pursuit was taken into custody with the help of the Clyde Hill Police Department. Located inside the vehicle was stolen property that had been taken moments earlier from a burglary in Clyde Hill. The subject was turned over to the Clyde Hill Police for investigation of burglary. ITEM RA-4 HUNTS POINT MONTHLY SUMMARY FEBRUARY, 2011 FELONY CRIMES No significant felony incidents occurred during the month of February. MISDEMEANOR CRIMES No significant misdemeanor incidents occurred during the month of February ITEM RA-4 MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police qW Monthly Activity Report City of Medina 2011 Felony Crimes February YTD YTD Year End 2011 2011 2010 2010 Assault, Aggravated 0 0 0 1 Robbery 0 0 0 0 Sexual Assault/Rape 0 0 0 0 Burglary (inc Attempt) 0 1 0 9 Drug Violations 0 0 0 1 Fraud (ID Theft) 0 3 3 23 Vehicle Prowl 3 3 0 6 Theft (over $250) 0 2 2 7 Malicious Mischief 0 0 0 3 Arson 0 0 0 0 Auto Theft (inc Recovery) 1 1 0 1 Poss Stolen Property 0 0 0 1 Other 0 0 0 TOTAL 4 10 5 52 Misdeameanor February YTD YTD Year End Crimes 2011 2011 2010 2010 Assault, Simple 0 0 0 2 Malicious Mischief 0 0 0 7 Vehicle Prowl 1 1 0 2 Theft (Under $250) 1 1 1 6 Domestic Violence 0 1 0 0 Minor in Possession 0 0 1 4 Drug Violations 0 1 4 7 Poss Stolen Property 0 0 0 0 Total 2 4` 6 28 Page 1 ITEM RA-4 MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police qW YEARLY ACTIVITY REPORT City of Medina 2011 Felony Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Aggravated 0 0 0 Robbery 0 0 0 Sexual Assault/Rape 0 0 0 Burglary (inc Attempt) 1 0 1 Drug Violations 0 0 0 Fraud (ID Theft) 3 0 3 Vehicle Prowl 0 3 3 Theft (over $250) 2 0 2 Malicious Mischief 0 0 0 Arson 0 0 0 Auto/Boat Theft 0 1 1 Poss Stolen Property 0 0 0 Other 0 0 0 TOTAL 6 4" 0 0 0 0 0 0 0 0, 0 0 10 Misdeameanor Crimes Jan Feb Mar Apr May; Jun Jul Aug Sept Oct Nov Dec Total Assault, Simple 0 0 0 Malicious Mischief 0 0 0 Vehicle Prowl 0 1 1 Theft (Under $250) 0 1 1 Domestic Violence 1 0 1 Minor in Possession 0 0 0 Drug Violations 1 0 1 Poss Stolen Property 0 0 0 Total 6 2 0 0 0 0 0 0 0 0 0 0 4 Page 2 ITEM RA-4 MEDINA POLICE DEPARTMENT 41 Jeffrey Chen, Chief of Police Monthly Activity Report City of Medina 2011 Traffic February YTD YTD Year End ACCIDENTS 2011 2011 2010 2010 Injury 0 0 0 0 Non -Injury 1 2 2 15 TOTAL 1 2 2 15 Traffic February YTD YTD Year End CITATIONS 2011 2011 2010 2010 Driving Under Influence 1 3 11 35 *Other 5 6 24 88 Total 6 9 35 123' Traffic February YTD YTD Year End INFRACTIONS 2011 2011 2010 2010 Speeding 18 28 48 331 Parking 8 12 18 102 **Other 11 14 34 Total 37 54' 100 433 February YTD YTD Year End WARNINGS 2011 2011 2010 2010 Total 63 128 150 1012 February YTD YTD Year End CALLS FOR SERVICE 2011 ' 2011 2010 2010 House Watch 26 43 29 334 False Alarms 35 62 39 375 Assists 20 41 39 293 Suspicious Circumstances 11 18 24 137 Property-Found/Lost 0 1 1 17 Animal Complaints 1 3 6 40 Missing Person 0 0 0 1 Warrant Arrests 2 4 12 47 ***Other 0 0 4 14 Total 95 172 154 1258 *DWLS; Fail to Transfer Title; No License **Expired Tabs; No insurance; Fail to stop; Defective Equipment ***Verbal Domestic; Vandalism; Civil Dispute; Disturbance Page 3 ITEM RA-4 MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police YEARLY ACTIVITY REPORT 40 City of Medina 2011 Traffic Accidents Jan Feb ''Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Injury 0 0 -0 Non -Injury 1 1 2 TOTAL 1 1 0 0 -0 0 0 0 0 0 0 0 2 Traffic Citations Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Driving Under Influence 2 1 3 Other 1 5 6 Total 3 6 0 0 0 0 0 0 0 0 0 0 9 Traffic Infractions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Speeding 10 18 28 Parking 4 8 12 Other 3 11 14 Total 17 37 0 0 0 0 0 0 0 0 0 0 54 Warnings Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total 65 63 128 Calls for Service Jan Feb Mar Apr May Jun Jul Aug -Sep Oct Nov Dec Total House Watch 17 26 43 False Alarms 27 35 62 Assists 21 20 41 Suspicious Circumstance 7 11 18 Property-Found/Lost 1 0 1 Animal Complaints 2 1 3 Missing Person 0 0 0 Warrant Arrests 2 2 4 Other 0 0 Total 77 95 0 0 0 0 0 0 0 0 -0 0- 172 Page 4 ITEM RA-4 Town of Hunts Poi✓nt� MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police Monthly Activity Report Town of Hunts Point 2611 Felony Crimes - February YTD YTD Year End 2011 2011 2010 2010 Burglary 0 0 0 0 Forgery (Identity Theft) 0 0 0 5 Vehicle Prowl 0 0 0 0 Theft (over $250) 0 0 0 1 Possession Stolen Prop 0 0 0 0 Drug Violation 0 0 0 0 Auto/Boat Theft 0 0 0 0 TOTAL 0 0 0 6 Misdeameanor February YTD YTD Year End Crimes 2011 2011 2010 2010 Assault, Simple 0 0 1 1 Malicious Mischief 0 0 0 1 Vehicle Prowl 0 0 0 1 Theft (Under $250) 0 0 0 6 Possession Stolen Prop 0 0 0 0 Domestic Violence 0 0 0 0 Minor in Possession 0 0 0 0 Drug Violations 0 0 0 1 Total 0' 0 1 10 Page 5 ITEM RA-4 MEDINA POLICE DEPARTMENT Town of Jeffrey Chen, Chief of Police Hunts Point Yearly Activity Report Town of Hunts Point 2011 Felony Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Burglary 0 0 0 Forgery (Identity) 0 0 0 Vehicle Prowl 0 0 0 Theft (over $250) 0 0 0 Poss Stolen Prop 0 0 0 Drug Violation 0 0 0 Auto/Boat Theft 0 0 0 TOTAL 0_ 0 0 0 0 0, 0 0 0 0 0 0- 0 Misdeameanor Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Simple 0 0 0 Malicious Mischief 0 0 0 Vehicle Prowl 0 0 0 Theft (Under $250) 0 0 0 Poss Stolen Prop 0 0 0 Domestic Violence 0 0 0 Minor in Possession 0 0 0 Drug Violations 0 0 0 Total 0 0 0 0 0 0; 0 0 0 1 0 0 0 0 Page 6 ITEM RA-4 MEDINA POLICE DEPARTMENT Town of Jeffrey Chen, Chief of Police NU...nc��� Monthly Activity Report Hunts Point 2011 Traffic February YTD YTD Year End CITATIONS 2011 2011 2010 2010 Driving Under Influence 1 2 1 1 Accidents 0 0 0 1 *Other 1 4 3 31 Total 2 6 4 33 Traffic - February YTD YTD Year End INFRACTIONS 2011 2011 2010 2010 Speeding 0 1 0 6 Parking 0 0 0 13 **Other 2 11 35 264 Total ' 2 12 -35 283 February YTD YTD Year End WARNINGS 2011 2011 2010 2010 Total 16 24 27 193 February YTD YTD Year End CALLS FOR SERVICE 2011 2011 2010 2010 House Watch 1 2 8 23 False Alarms 2 7 14 67 Assists 1 3 6 40 Suspicious Circumstances 1 4 3 17 Property-Lost/Found 0 0 0 1 Animal Complaints 0 0 0 4 Missing Person 0 0 0 0 Warrant Arrests 0 1 0 3 ***Other 0 0 0 1 Total 5 17, 31 156 *DWLS; Fail to Transfer Title;No License **Expired Tabs; No insurance;Fail to stop;Defective Equipment ***Verbal Domestic; Harassment; Civil Dispute;Trespass Page 7 ITEM RA-4 MEDINA POLICE DEPARTMENT Town Of Jeffrey Chen, Chief of Police Hunts Point YEARLY ACTIVITY REPORT �vs HUNTS POINT 2011 Traffic Citations Jan Feb ` Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Driving Under Influence 1 1 2 Accidents 0 0 0 Other 3 1 4 Total 4 2 0 0 0 0 0 0 0 0 0 0 6 Traffic Infractions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Speeding 1 0 1 Parking 0 0 0 Other 9 2 11 Total 10' 2 0 0 0 0 0 0 0 0 0 0 12 Warnings Jan Feb Mar Apr May Jun Jul Aug Sep Oct > Nov Dec Total Total 8 16 24 Calls for Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total House Watch 1 1 2 False Alarms 5 2 7 Assists 2 1 3 Suspicious Circumstances 3 1 4 Property-Lost/Found 0 0 0 Animal Complaints 0 0 0 Missing Person 0 0 0 Warrant Arrests 1 0 1 Other 0 0 0 Total 12 5 0 0 0 0 0 0 0' 0 0 0 17 Page 8 ITEM RA-4 CITY OF MEDINA Office of the City Manager March 9, 2011 To: Mayor and City Council Via: Donna Hanson, City Manager From: Joe Willis Sr., Director of Public Works Subject: February 2011 Public Works Report 1. The Director of Public Works and David Clark (Owners Representative) continue to meet weekly with the Contractor to discuss the progress of the work, items or issues of concern, anticipated work for that week, and any anticipated impacts to the public. Council will continue to receive monthly reports from David Clark on the progress of the work along with a project budget status report. The framed walls have been constructed for the north and south additions to the building. Addition Area on North Side of City Hall 1 ITEM RA-4 Addition Area on South Side of City Hall Most of the existing building and site defects have been uncovered and addressed by change orders. To date, approved change orders total $84,367 which includes contaminated soil removal, constructing a new concrete masonry wall with moisture barrier and a new drain between the parking lot retaining wall and the new building, added structural columns, cabinet and door material changes. Proposed Change Order No. 9 for new stairs on the west side of the building is included under item OB-5 in the Council packet. The Project is presently about three weeks behind the projected schedule due to the removal of the contaminated soils, snowfall, and freezing temperatures, but the contractor remains optimistic that the project will be completed by the end of June. 2. The SR 520 Eastside design/build team, Eastside Corridor Constructors, conducted preliminary utility location work in the areas of the new freeway lids in preparation for the design of the utility relocations. Councilmember Mark Nelson and I attended a meeting at the SR 520 Design/Build Contractor's offices to review the Contractor's proposal for the 841h Ave NE & Points Drive intersection and bridge overcrossing on February 18th. The discussion at the meeting is provided under item OB-8 in the Council packet. 3. NE 12th Street/Lake Washington Blvd Traffic Safety Improvement Project contract documents were completed and the project was advertised for bids. Bids were opened on March 9th and the bid award is item CA -7 in the Council packet. Construction is expected to begin in April. 2 ITEM RA-4 4. Public Works continues to prioritize their work with public safety as the first priority. The fixed radar speed monitoring unit on 83rd Ave NE at NE 8tn has been prepared for PSE to connect power. Work has included snow plowing and sanding streets, removal of trees limbs, leaf and debris removal from catch basin grates, and drainage system repairs and maintenance. The new poly drop -in dump truck sander that arrived in January from Illinois was put to good use in the unseasonal snow fall experienced on February 23rd and 241n New Drop -in Sander 5. The hearing for the ATC Shop Addition and DAS remote antennae was held on February 10tn and received approvals. The City Shop yard is being cleaned up in preparation for the ATC Shop Addition. The permit application for the ATC Shop Addition was submitted on March 81n 3 [Type [Type text] CITY OF MEDINA Office of the City Manager March 9, 2011 To: Mayor and City Council Via: Donna Hanson, City Manager From: Joe Willis Sr., Director of Public Works Subject: February 2011 Public Works Report ITEM RA-4 1. The Director of Public Works and David Clark (Owners Representative) continue to meet weekly with the Contractor to discuss the progress of the work, items or issues of concern, anticipated work for that week, and any anticipated impacts to the public. Council will continue to receive monthly reports from David Clark on the progress of the work along with a project budget status report. The framed walls have been constructed for the north and south additions to the building. Addition Area on North Side of City Hall 1 [Type text] [Type text] ITEM RA-4 Addition Area on South Side of City Hall Most of the existing building and site defects have been uncovered and addressed by change orders. To date, approved change orders total $84,367 which includes contaminated soil removal, constructing a new concrete masonry wall with moisture barrier and a new drain between the parking lot retaining wall and the new building, added structural columns, cabinet and door material changes. Proposed Change Order No. 9 for new stairs on the west side of the building is included under item OB-5 in the Council packet. The Project is presently about three weeks behind the projected schedule due to the removal of the contaminated soils, snowfall, and freezing temperatures, but the contractor remains optimistic that the project will be completed by the end of June. 2. The SR 520 Eastside design/build team, Eastside Corridor Constructors, conducted preliminary utility location work in the areas of the new freeway lids in preparation for the design of the utility relocations. Councilmember Mark Nelson and I attended a meeting at the SR 520 Design/Build Contractor's offices to review the Contractor's proposal for the 84th Ave NE & Points Drive intersection and bridge overcrossing on February 18th. The discussion at the meeting is provided under item OB-8 in the Council packet. 3. NE 12th Street/Lake Washington Blvd Traffic Safety Improvement Project contract documents were completed and the project was advertised for bids. Bids were opened on March 9th and the bid award is item CA -7 in the Council packet. Construction is expected to begin in April. 4 [Type text] [Type text] ITEM RA-4 4. Public Works continues to prioritize their work with public safety as the first priority. The fixed radar speed monitoring unit on 83rd Ave NE at NE 8th has been prepared for PSE to connect power. Work has included snow plowing and sanding streets, removal of trees limbs, leaf and debris removal from catch basin grates, and drainage system repairs and maintenance. The new poly drop -in dump truck sander that arrived in January from Illinois was put to good use in the unseasonal snow fall experienced on February 23rd and 24tn New Drop -in Sander 5. The hearing for the ATC Shop Addition and DAS remote antennae was held on February 10t" and received approvals. The City Shop yard is being cleaned up in preparation for the ATC Shop Addition. The permit application for the ATC Shop Addition was submitted on March 81h 3 ITEM CA-1 DRAFT MEDINA CITY COUNCIL SPECIAL MEETING MINUTES St. Thomas School, Commons Room 8300 Northeast 12 Street, Medina Tuesday, February 15, 2011; 6:30 pm CALL TO ORDER Bret Jordan called the February 15, 2011 Special Meeting of the Medina City Council to order at 6:35 pm. Mayor led council members, staff and audience members in the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Jordan announced there would not be an Executive Session and removed item from the agenda. Whitney requested to remove Item CA-4, Approval of January, 2011 Check Register, and Item CA-5, Approval of 2010 Financial Year End Report, from the consent agenda and replaced on the March 14 consent agenda. Boyd requested to remove Item CA-14, Receipt of Part 150 Study Report, from the consent agenda and replaced on agenda as other business. MOTION DICHARRY AND SECOND NELSON TO APPROVE MEETING AGENDA AS MODIFIED AND MOTION CARRIED 7-0 AT 6:38 PM. PRESENTATION King County Metro Transportation Planner Jack Whisner spoke about proposed deletion of Metro Route 261 and encouraged use of alternatives such as Sound Transit Route 545 and Metro Route 271 and conveyed increased frequency of current routes has been proposed. Mr. Whisner suggested public comments be directed to community. relations@ kingcounty.gov. PUBLIC COMMENT Mayor commented the council will not be able to comment on matter concerning employment of police chief and pointed out the proper channel for public comments related to building permit process related to wireless franchise. Mayor opened public comment period at 6:51 pm. Medina residents Dean Braun, Al Larkin, Clare Nordquist, Joegil Lundquist, Kristo Zorkin, Julie Braun, and Claudia Larkin, speaking on behalf of Maya McMillon, expressed concerns about proposed distributed antenna system, particularly node nine. Medina resident Heija Nunn requested council over -communicate with residents, including the reintroduction of City newsletter, expanding noticing efforts beyond ITEM CA-1 DRAFT those required by law, moderating a City Facebook page, and requiring E-Notices be an opt -out rather than and opt -in tool. She said she would appreciate council members issuing personal statements concerning the police chief matter. Hunts Point resident Marianne Jones said the Town would like to employ Jeff Chen if his employment with Medina is terminated. Ms. Jones pointed out a potential conflict of interest since Kenyon Disend represents both municipal agencies. Mayor closed public comment period at 7:27 pm. REPORTS AND ANNOUNCEMENTS No boards, commissions, or committee reports were given. Dave Clark, owner's representative for City Hall project, provided the monthly update budget summary for project. He conveyed pending change orders will be presented to council in March for approval. City manager and department directors responded to inquiries concerning monthly department reports. CONSENT AGENDA MOTION NELSON AND SECOND DICHARRY TO ADOPT AMENDED CONSENT AGENDA AND MOTION CARRIED 7-0 AT 7:44 PM. - Approval of January 11, 2011 City Council Special Meeting Minutes - Approval of February 2, 2011 City Council Special Meeting Minutes - Approval of February 10, 2011 City Council Special Meeting Minutes - Approval of Public Safety Testing Agreement - Approval of JAG Contract Amendment - Approval of Construction Manager Contract Amendment - Approval of City Hall Architectural Services Contract Termination - Approval of ARCH 2O11 Work Program and Budget - Receipt of October 20, 2010 Emergency Committee Meeting Minutes - Receipt of November 15, 2010 Park Board Minutes - Receipt of November 17, 2010 Planning Commission Meeting Minutes OTHER BUSINESS Receipt of Part 150 Study Report (7:44 pm) MOTION BOYD AND SECOND PHELPS TO RECEIVE PART 150 STUDY REPORT. MOTION CARRIED 7-0 AT 7:46 PM. City Council Minutes February 15, 2011 Page 2 ITEM CA-1 DRAFT 2011 Park Board Work Plan (7.•47 pm) Willis summarized work plan and answered questions related to proposed plan. MOTION WHITNEY AND SECOND BOYD TO ADOPT THE 2011 PARK BOARD WORK PLAN. MOTION CARRIED 7-0 AT 7:50 PM. 2011 Budget Amendment Ordinance, A (7.50 pm) Adams introduced proposed ordinance and responded to questions generated during discussion. MOTION BOYD AND SECOND NELSON TO APPROVE ORDINANCE NUMBER 871 AUTHORIZING A BUDGET AMENDMENT OF THE 2011 APPROVED BUDGET. MOTION CARRIED 7-0 AT 7:53 PM. Interlocal Agreement with City of Clyde Hill for 84 Avenue Northeast Street Improvements (7.53 pm) Willis introduced agreement and responded to resulting questions from council members. MOTION DICHARRY AND SECOND NELSON TO ENTER INTO AN INTERLOCAL AGREEMENT WITH CLYDE HILL FOR IMPROVEMENT OF 84 AVENUE NORTHEAST FROM NORTHEAST 12 STREET TO NORTHEAST 24 STREET AND AUTHORIZE CITY MANAGER TO SIGN THE AGREEMENT. MOTION CARRIED 7-0 AT 8:03 PM. Consultant Agreement for State Route 520 Project (8:03 pm) Willis summarized necessity of and selection process for professional contract and answered questions produced by discussion. MOTION WHITNEY AND SECOND BOYD TO AUTHORIZE THE CITY MANAGER TO DETERMINE THE ANTICIPATED LEVEL OF CONSULTANT SUPPORT NEEDED FOR CITY PARTICIPATION IN THE STATE ROUTE 520 DESIGN BUILD PROJECT AND TO NEGOTIATE AND SIGN SUPPORT SERVICES AGREEMENTS TO PROVIDE THE SERVICES AS NEEDED PROVIDED THE TOTAL AMOUNT FOR THE SERVICES DOES NOT EXCEED THE AMOUNT ALLOCATED BY WSDOT FOR CITY PARTICIPATION IN THE PROJECT. MOTION CARRIED 7-0 AT 8:18 PM. Discussion of State Route 520 Public Access Options (8:18 pm) Grumbach briefly reviewed proposed options supplied in meeting packet and answered related questions from council members. Council direction was to receive future citizen input on matter and Grumbach conveyed he will gather information from WSDOT and report back to council. City Council Minutes February 15, 2011 Page 3 ITEM CA-1 DRAFT City Attorney Services Agreement/2011 Fee Structure (8:31 pm) Hanson introduced proposed agreement and discussion followed. Disend responded to concern raised pertaining to conflict of interest in negotiation and litigation matters. MOTION DICHARRY AND SECOND BOYD TO ADOPT 2011 FEE SCHEDULE FOR CITY ATTORNEY SERVICES. MOTION CARRIED 4-3 (LEE, PHELPS, WHITNEY OPPOSED) AT 8:44 PM. Communication with Medina Residents (8:44 pm) Lee sponsored agenda item in an effort to increase communication efforts about city business to residents. Discussion followed. Council provided direction to implement monthly postcard mailing beginning in March, 2011. MOTION DICHARRY AND SECOND WHITNEY TO DIRECT CITY MANAGER TO IMPLEMENT A MONTHLY POSTCARD MAILING TO EVERY MEDINA HOUSEHOLD. THE CARD IS TO CONTAIN THE ITEM LIST FROM THE COUNCIL AGENDA/ACTION CALENDAR FOR THE PREVIOUS MONTH'S MEETINGS AND FOR ANY COUNCIL MEETINGS FOR THE UPCOMING MONTH. EACH POSTCARD WILL CONTAIN LINKS TO THE CITY WEBSITE AND AN OPT -OUT PROVISION. MOTION CARRIED 6-1 (BOYD OPPOSED) AT 9:00 PM. Council Agenda Calendar (9:00 pm) City council retreat agenda to include the following items: communication strategy discussion, submittal of 2011 department work plans (with limited discussion), review of city council ground rules, and revisit list of council priorities developed in 2010. April regular meeting agenda to include discussion item about advisory board applicant/membership requirements. ADJOURNMENT MOTION DICHARRY AND SECOND WHITNEY TO ADJOURN THE FEBRUARY 15, 2011 SPECIAL MEETING AND MOTION CARRIED 7-0 AT 9:09 PM. The February 15, 2011 Special Meeting of the Medina City Council adjourned at 9:09 pm. The Medina City Council will hold its next regular meeting on Monday, March 14, 2011, at 6:30 pm in the Commons Room at St. Thomas School, 8300 Northeast 12 Street, Medina. Bret Jordan, Mayor Attest: Rachel Baker, City Clerk City Council Minutes February 15, 2011 Page 4 ITEM CA-2 DRAFT MEDINA CITY COUNCIL SPECIAL MEETING MINUTES St. Thomas Church, Music Room 8398 Northeast 12 Street, Medina Wednesday, March 2, 2011; 4:30 pm CALL TO ORDER Deputy Mayor Shawn Whitney called the March 2, 2011 Special Meeting of the Medina City Council to order at 4:33 pm. ROLL CALL City Council Members Patrick Boyd, Doug Dicharry, Bret Jordan (arrived at 4:39 pm), Janie Lee, Mark Nelson, Katie Phelps, and Shawn Whitney; City Attorney Bruce Disend; and Development Services Director Robert Grumbach were present. EXECUTIVE SESSION The Medina City Council recessed into Executive Session at 4:34 pm pursuant to RCW 42.30.110 (1)(b) to consider the selection of a site or the acquisition of real estate by lease or purchase for an estimated time of 45 minutes. Executive Session adjourned and Council resumed its Special Meeting at 5:21 pm. ADJOURNMENT MOTION AND SECOND TO ADJOURN THE MARCH 2, 2011, SPECIAL MEETING OF THE MEDINA CITY COUNCIL. MOTION CARRIED 7-0 AT 5:22 PM. The March 2, 2011, Special Meeting of the Medina City Council adjourned at 5:22 pm. The Medina City Council will hold its next regular meeting Monday, March 14, 2011, at 6:30 pm in the Commons Room at St. Thomas School, 8300 Northeast 12 Street, Medina. Bret Jordan, Mayor Attest: Rachel Baker, City Clerk ITEM CA-3 DRAFT MEDINA CITY COUNCIL SPECIAL MEETING MINUTES St. Thomas Church, Music Room 8398 Northeast 12 Street, Medina Monday, March 7, 2011; 5:30 pm CALL TO ORDER Mayor Bret Jordan called the March 7, 2011 Special Meeting of the Medina City Council to order at 5:35 pm. ROLL CALL City Council Members Patrick Boyd, Doug Dicharry, Bret Jordan, Janie Lee, Mark Nelson, Katie Phelps, and Shawn Whitney (via telephone 5:35 pm to 7:15 pm); City Manager Donna Hanson; City Attorney Bruce Disend; City Clerk Rachel Baker, and Special Counsel Stephanie Alexander, Michael and Alexander, PLLC, were present. EXECUTIVE SESSION The Medina City Council recessed into Executive Session at 5:35 pm pursuant to RCW 42.30.110 (1)(i) to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party. Executive Session estimated to adjourn at 6:05 pm, was extended until 6:35 pm, again until 7:05 pm and finally to 7:45 pm. Executive Session adjourned and Council resumed its Special Meeting at 7:45 pm. ADJOURNMENT MOTION NELSON AND SECOND DICHARRY TO ADJOURN THE MARCH 7, 2011 SPECIAL MEETING OF THE MEDINA CITY COUNCIL. MOTION CARRIED 6-0 (WHITNEY NOT PRESENT) AT 7:45 PM. The March 7, 2011, Special Meeting of the Medina City Council adjourned at 7:45 pm. The Medina City Council will hold its next regular meeting Monday, March 14, 2011, at 6:30 pm, in the Commons Room at St. Thomas School, 8300 Northeast 12 Street, Medina. Bret Jordan, Mayor Attest: Rachel Baker, City Clerk c 3 z N 0 0 N O 1 N ei E u O O O 0 z p> y o N O u A N O w a0 O >v>i m z o MC ` w m m p Y @ c> v N o m m a E w w u Z LL \ Q C E G u N •Y1 LL C C O N 'O G y= CI p`dp eN-1 - N N N R d d w `o `° `m ao'Ev=p a c c o:m o S > -•- ° w w p ` 'cif C W aR+ h •a U L 0 W G W C G E. E � O N u a°.+ .0 ccR CC@ a0 fL„I U u G t1O 3 o O coif a v u = .2 . a p m w w w w w v y a •c ~ G o A « Nas o 0 j Lda v> lD C7 .01..°f+ SSBpg �`Do•e�mo_ m li uoi`rl: C! q"i•mop`io•'~o, m�"1 .1 wNmmBmmvmimamma°sp�a`�•Nup+m�emoo�mo 3 m m M M N 3. W; O� Om1 lD t0 Vf tp 1� m 1� M 9; n ta0 l^O n N N Vm1 c O.f a tail M ti m N t0 N t0 N N N N a v N N st ei N m C O VY VT e-i N N a .-I .-I 4F to .-I V' VY �fl V! O M m O 1. ti N t0 ti ei m VT VY N VP +A to M M Yl Y1 M m C @ W Q N M O Vl tD w 00 00 00 00 00 00 00 w w w O .-I .-I N N M M a Vl t0 I� CO O� O 0 0 W 00 00 00 ao 00 00 ao 00 Oo 00 00 00 00 00 � m rn m m u+ O+ O� a+ o+ O+ of rn � O o O d .-I e-1 rl N vi 'i rl e-I •i ei �-1 �-I rl .-1 e-I rl ei rl ei .-1 ei .-I a -I ei ei a-i ei N N N Ee-1 e-1 ei �-1 'i e-1 ei ei ei �-1 �-1 �-1 ey s1 '1 rl ei ey �-1 ei �-i a -I ei ei ei a -I 'i a-1 ei a-1 eel 3 Ul t!1 V1 N N m N V1 Yi Y1 ul ul Yl �!1 N VI V1 V1 V� N m �!'1 M N N N u1 N ul Vf N m Z m m m m m m m m m m m m m m m m m $g m w F- m m of F- u co0000 a� coo ro 00 aOo m m m m m m 10 m m m 8 0 e1 ei •i '1 ei e9 ei �I ei ei ei e•1 ei ei ei �-1 ei e1 N N rl ei rl rl '/ ri .-I ei ei rl ti rl e1 rl N e•I •i ei N PI VI t(1 10 Y1 1f1 1f1 1!1 Yi t(1 1f1 1f1 If1 Ifl 10 Ifl N N N N If1 QW O O O O O O O O O O O .-I O �"� O O 0 0 O O O O "'� O •-� O 0 0 N ei v1 0 rl a 0 0 0 0 0 0 0 0 0 0 0 e•1 e-1 0 0 N 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ C w QC o o u E E a w w o •- c E E m m v�i E t t .t o d v a °i 'm a m c°J Cc c °• N y c c c 5 c c 5 m c= c o w o uw o OE 6 w w cc °� mm ¢ o sa c E sE° u E>m aum a OOOr O > m u vl s d a s O O O O O O O O O O O O O O O O O N w N N N N T T 00 N N N 00 T t0 H e-I 00 I a ob A A A ob A ti A .4 0 w A .S 6 0o N v h b N oo A io ao v Ji co v v N 1f1 to V1 �Il Vl Yl �!1 �!1 V/ N �¢¢l Vl Yl u1 ill ill ¢N ill Vl Yt V1 N V¢¢l �O Vf Vl V¢l N VI �¢¢O Vf 8 0 �08 �08 SS S 8 8 0 8� o ao 8 8 8 8 0 8$88888 $88 8 8.� MM 8.-I o 0 8 8 m 8 8 Mm }`w nE E aas c c avvva-oa a E w '' uuucR�uuu 3'�= a d° 3 a Y E m' m' m' m' m' m m o o ry rL �L W T N U U U U U U O �_ _� C C N N iA @ m a o c o Q¢ Q Q Q Q E m m m a u u m m v v v 10 m '^ n x Z Z w L N R s+ Y G C C N U `I W W o= `o 0 0 0 `o 0 o w w w o - o ¢ d w c A m w as .2 -w c c c c c c c E E E >y m m 3� �£ v N '6 x C V- O @ R R@@@ >>> L T? O O 0 0 >¢ ¢ ¢ ¢ ¢ m m m m m m m m m m m u U V U u u u U U U O O O v D O a m m o z z z z z x �n M0,0 3 0 o o n m o s E n o m o s s x s x ua v00i a °• G s o o -0 N 0 .0 a M v .-� N w N E LL 00 C N O \ U U U V U 0� 3 M V O W > u Omt Omi N N 0 tNp W N N eN-I N em-I eN1 11'1 00 W O O N 0 0 m J Z O O O O! O Z N ----- 0 Ol N 0 0 m l0 N O t!1 N �y 00 r1 N N N N 0 N D O ON � ry ti ti N N f- F R @ O. O' m a a a U W ~ m o aw+ C \ N 0 b00 rl ry > C > o mo m o G 3 a 0 W c 0 c a Z E N w o c WayOj OCw` NCw cC w @ yZj CN W d 0 Yc 0w o u : E m .0 0 u t °° c0 ip m C w `— Ti •� •w�� �. aa s pvi = O OcN Op �y y5« ; wCW p 0 mVOU =6O >po o3 w o ^OOOO www Ey Oy CR O E E E `.1 �' y « ._ W E. E E'o °o N u u` u` m N m a n n o°Do_ N W r"'-, b n m .Q-•I vNl 0 8 m m m m n n 8 8 ccq cqq Ln o u0i m e°ir upi• m m m m v a 8 8 g otOo aiDo• m e4,1 N N O 8'• It) O V) O N m m l0 m Q O O1 M N a0 N O Q R h 1� W ID Q a N N h I* h Ol N II" N N W" 1V m 00 N N u) O t(1 Oi O) M M 00 OD O O G O uhj. N VhY Vml M eN•1 N N O ImA 0 Ill t0 M VMl W eQ-I H lND tN0 e0-1 e�i M M Vl N ti ti M Vl m of N N N M M N N Q Q N l0 VF N Vm' Vm' N N ti ff E VF N N Vf N ._I pl N e-I tp N V? 4Y VY N N N V} N N Y/! uj VT N N to VY VT 1A N N OO 00 llf e-I i� Q N N a/4 V} VP Vl Vr VT VF to 16 N N N C H 0 w 0 0 0 0 O O O O -zrN O O tp h m O "i N M M Q of 10 h W m m O N N M N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N .-I �-1 �-I .-I e•I .-I e•I e-I .-I �i ei e-1 .-1 �-1 e-I e-1 ei ei e-I sl rl 'i e4 e-i �•i ei ei a -I ei e•/ .-I 3 111 Lfl N Y) Ill IA V1 N N � N Ill IA Ill N to V) I!1 VI It1 Ifl Vl I!t Ill ✓1 t(1 N V/ � N N z m m m m m m m m m m m m m m m m m m m m m Id F N m Q �'1 O n 00 m O rl N M Q Y1 VO N m m O rl N M O O O O O O O O e-I e1 e•1 �-1 e•1 N ei �•a e•1 ei N N N N ei ei ei ei e4 '•1 ei a-1 �-1 e4 e1 �-/ M �'1 '1 'i •d ei ei •i ei ei 1l1 Ifl Yf tr M1 I!f Yf Y1 Y1 Yf VI N 1l1 VI Y1 Y1 1l1 Y1 Ill VI 1l1 to O O O �•+ •-+ O O O O O .-I O O O O O �+ O .-i !+ O O •+ ti O N N O O O N O N O N O N ON N N ON N N ON N N N N 0 pN N N N ON N ON .i N Q d' m m .-I h ••I Q e-I 00 N h Vl Q Q .•i e-I Q O N m V Q L .-1 ei .-1 ti N N N N N ti N N N N N H N e-1 N N N ti N N �-1 '•1 N N ti ti F. .•I .� .ti .i .� .� ti .i .r ti .y ti ti .a .� rl N c � C C T Y O w w tw U U U OW OO 00 OO OV •O MM 9 C QN W C C C C m U U U C 0 U OO O N O O a m Y N w G L L .OG L Oi >>> C y0. K w m cc m m pfi li x w u 'b Y w L' c w o c c c c a o 0 o c oo c m a m c' .w w . a �? R O o 0 0 o cw T c m G V a L w 3 3 3 >>> o o N In E E£ E w w w E w m w a �° o Li w ° N °u w 0 n a vw o u a E u o 0 0 o m E E E o m w E a .E w �' o m= ° y = « --" ¢ vJ uJ u u rzJ ti u` ti vl {v*...�'�i m la vl x c.1 m cF- caJ_ t=OJ (oJ�- o- c-1,011 O O O S QUO -00 -W S O eUi � tU0 S O N O O 8 m O O eU-I VI .U-I IUN -W N OUl 8 N N N N Ob Ot Ol Ol ei •-i Ob .•i A N cb m M A M eel ei N A .4 A N A Ll 6 OO Ol v y Q Q a Q Q Q q q Q Q q N Q I Y a Q u m a N 9 q In T M I a v 0 0 0 0 0 0 0 0 O h o 0 0 o 0 0 m 0 0 0 0 0 0 0 0 0 0 0 0 m N N N N M N N N a t0 N M N M N vi .•1 N N N lO N N N N N N N M �••I A A A A 00 A A A N N A N N lD N A co 4 .=1 ei A A A A H A Ob 4 e-1 Jl J1 N Vl Vl VI Ill Vl Vl ill Ill ill Vl N It> Vl Ifl V1 Vl Ill Il> Y1 N Y1 Vf Vl Y1 VI V1 Vl 1l1 38888 8 888 88 88 8 8 8 8 8 88 8 8 8 8 8 88 8 8 8 8 3 Z Z� o � A .4 0 0 0 a o r o ti N o �� a o o 4 A A A A A o a"SSSO S SSO 0 S 00 8' S S M 88 S S 00 O 8 SS S 8 S M u u � C U N N in C c c C .5__ O C C O O w 3 w G L O -O 0 0 w N W m u 0 lu E E a c o d E x «« o > 3 w «« c c 5 c u0 0`0 `o ro o www w Z£ 0 U u w -E a NH o o E oa a a wwww w >uw0LLLL N>ns h a3 eS-1 MpO NhO m N (V'J Q14 O OtM 00 bNn -e m NM1 10 E0O m m -O O IIllll 1Ol1 O yl N N b J O wp, O O lw u � Z Q O N x Q p 0 O Z N O W N ~O 0 O U N N O U V O 0 O O Q U g w H C K 0 c c Q Q O O » u` w ON h0 > 0 0 w `m `w m m E m \ w L�_ w C W N O? Q 6 d r e•I N �1- T O m Y N S` r H N N LL? vJi o o u N¢` u m c y o m C Z m •` '` y �� N N � Gi C= y w N N C J Q N. \ �' G � c o x x r r v i.`'- O O O :+ v o 0 0 oti `^ `m O ° ° `^ 0000 N Q E N r W N c E E= c v u u>> �M„ m; v c o N w w w w w W O O N N O O O N J F O r r m K Q Vl O O Z Z aH epp-I popp O rl i7 p N N U d pU U pp eeea�� pa Q¢ N d Vl M m m 7 a Q a V la0 O tMp. a 000 W O o0 O N W W O O N ONI. Oh Val W m M W �h-f o°f0 N N 8 0 0 0 0 W 00 ON1 ONl m m IOrI IOrI. m m a v n h pppp ` OiOj M m M w .tD1 a r ry 0 m o N m N N M I�DO I+N1 M 1`M- Q .m'I D N 1O1i) M IMII OMl OMi �H w pM Ol Ohl N N NW pNppp N UI a s 0 O N .-I .a m m Of .H ei Vf N .-I ri M O1 O O1 N N m m •-I ei N Nt/F II1 rl 4/T N h m h V! N eT V1 O Ol Ol N N VT VI N N E M fI.1 n n n M N YY N N a' vA V� ryj [fl N 1A VT V� N N .-f M tp a ei tp' Vf V1 e-I' t•I NQ VY VT 1NA Vf 1A VFN {? N� UT VT Vr 1/?N1/lN th VT VF C i w r 0 a V/ ut V1 Vl m h h h h m m T w N N N N N N N N N N N N N M M M M M M M M M M M M M M M M M M M 3 ut M ul M N Vl Vl VI Vl Vl Vl Vl ul Vl N � Vf Vl Vf Vl Vl Vl ul V7 Vl V1 N N Vl V) ut Vl Z m m m m m m m m m m m m m m m m L t1' Vf l0 h m 01 O ei N M a Vl V) h m u N N N N N N M M M M M M M M M N N N N N N N N N N N N N N N N e1 rl e9 rl e1 e1 ei I -I ei ei ei •i e1 ei ei r1 Vt Vl Y1 VI V) M ut Vf VI V1 Vt � V) � Vt V1 O O O O O.H O O O O O O O O O ti O O O O o e-I a-1 e-I H H ei e-I ei e-I rl rl H - H 2 N si off .+ ei .-� PI H rl H .-� H 0 0 O O O O O O O O O O O O O O O o 0 o o 0 0 0 0 O O O O O O O O O N N N N N N N N N N N N N N \ N N N N N N N N N N N N N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ a a s t0 IO d V a a a a s d' d' m m m m m m m m ei h N r1 a O IO N h M N M M M M M M r e-I rl •i ei �I 'i ri e-I ri ei .-1 ei ei rl ed a-1 E N N w N N L V v Y m m c n a » E a w o o ti c uJi vJi 2 m E 3 o Y'i Yi o w w aw+ Y Y L w w -mL a C N= N c cc C ate+ U .. m w w w w N a Q Q J u u u u awi o 0 0 w 3 `o `o `o 0 0s m¢¢ A+ a+ w u 'E w w aEi w J '- '> -`w w c v o Q o ¢ r r r r w 0 o d d u o >o o In vl In v+ r u d d ¢ u d d 0 N N N N N 14 OOl .4 A eel A ei .�I O1 1� n r n ei ei ei e-1 N N N Ol .-1 V N ei e-1 N lolow10 q ammM qv a a a aavvvavglo v aq q �r q q m 0 010�',0,0, o 0000 00 0 0l o 0000' l»rnlnMo, o m 0 o O o 0 N �H �H ."lli M .H V) t0 V) m •'� N a -I .-1 .-I t0 �O lD m s1 N ti .-I N .H N N N ei a V a V N V Ob 6 Ill Ob Cb %b 4 `1 Ob Ob Cb lb N N N N V a 4 Gb Ob ei ri 'i h a s V' a Ol N T m Vl e-1 N N N V) VI ut V) V) Vf Vl V1 Vl V1 V1 V) N Vl ¢N Vl Vf Vl Vl Ill Vl Vl V1 Vf Vl V1 Vl Vl Vl Vl Vl Vf 8 000 8 888888 8 8 $ 8888�$888 o0 8 ei ri ri n h e-1 .-1 ei ei •i e4 .-1 .-1 h e i ri e-1 ei 'i e-1 e-1 9 I-1 h h 'i rl rl 'i e-1 a"8 �Mmm 8888 88 8 m 8 8888����M 8 08 8 8 8 8 8 v U c G E ✓ O, a.I E O •� '� '� u o o o o o N o Io 0 0 w N 41 w w C O H O N�N V � ut VI N VY N ✓1 N H i+ (7 (7 2 w w Y w o o o o > Z O O O O O O d d d d d d d d d d d d O 's ¢ O h m M O M N N N N m w Ol O m lD Ipp� b M Vl Ol w pNp l0 . W e O N 0 O Z d 0 l0 b M M a Iep+h'p�1 \ V) N 0 0 0 0 o 0 0 0 Vf O ti O 0m J .=1 ON ON N ON tNlt O O O O trI \ d ON Ory ON N N N N O W h h M M a Z O O O O w N Vl Ve-1I Vrll Vr)i O �"� OV1 OaOm Mm Va MOt O U m w NN h N Om ryOO .-I m m M m m Ol 00 M .H O ° O W 0 0 0 NO O O O O O O O O O N c O .Oy u > V \ \ \ \ \ \ \ \ N \ N N O M �..I O G Z Z N \ \ \ \ N. \ \ - \ \ ~ U .N-1 Q � "'� e•I ei a-i !i eel a -I .-I e-I ei � N eN-1 ti v y z o o u o a O o gm u 7 N 2 N 00 O W m m y a (J N p U w N ON W C Q y 0�0 N In x m w w Q Y O u 2 So °- w 0 'o ca v"i v"i cc uo �+ Q vl Q a Q Qo o a Q d- 26-, O N H N N yy pp�� U U U Q Y E N N vi 12U O m i G U U U U ,W N O `I F- O O O O O O vl v` Q U O O N O O O u lJ u ti U a lYl �p p v p 0, N Ol r r lV N vl Vl a a m w0 d0, � 8 0 8 8 to tn0• O N N p 8 8 p 8 8 p 8 8 8 8 M m w r r w Ol 0 m O a ri rri ro ri ni 0 vi vi o0 0o a to a a w w w a ni m o 10 In Iri o 0 0 8 c a n n O .-I N 1/f t? VY N N V? V� '�"� 40 Im M+ m M • r e-I m N 4/T N 1A lD I .•I m m In l0 l0 v. r r r VT N m MM M M w �"� M n In Cn ti 'i Ol O aO .n c L d a a v a a It v a v a v v a v N N N N N N N N N N N N ti N N N N i-I ei N ei N N e-I ei N �-1 N e-I N rl N ei e-I �-1 '•i 'i �•i rl rl ti e•i rl r1 � Yl u1 Vl Yi I!1 VI Y1 IA Vl M ✓1 N ei Vl e-1 Ill IA N VI N N h N N V1 z m r m m m m m m m u h v a In, c v c N N N N N N N N N m 1~O L~fl 1�f1 l�0 L~fl V~1 V~1 Y~1 1~l1 :7 m 0 0 0 0 0 0 0 0 0 0 0 0 2 0 5- 0 0 .-I e-I O O O O O rl O ei .-I ei ei rl .•+ N •�—� m 0 0 0 0 0 0 0 a 0 0 0 �-i O ei O e•1 .-� O O ei O rl O Pi O O 0 O N N N N N N N N N N N N N N N N N \ N N � o m w m �o w w o ao o h o � •+ �� � � �* N N O O N N N N N N N N N y '\•1 aNi N� N •\-I e\•I c z' W W H Vf N H N VI N aE E E y In N a m u H a o T a a a a a o. a m a a w m oti •Q c v01i a O O O O 'a 'a 'n'a 'Q o —m o .0 = y 0 0 O a J N u c o ; c a a¢ a a a a N Vl Vl Vf N �n O u u u u u u u 01 8 0 w w aai X' o o o o o o o o o o ¢ 0 0 0 0 0 0 0 0 0 0 0 0 d`d8��io888a198 8 aoowom "o " m a n 8 .-I m m m m m m m m m m m M m m m M M m M m M M Ml T N N N V) 111 Y1 N M KI N KIT Ol O V 'd' i v j N O O O O O O O O O O O O O N N N O O N O O O O w N e-I N t0 � N N N ew•I .wi ewi N N N N N I!1 I11 N M IIl � Vl Yf Vl V1 Ill Ioo V¢¢l oo w Vt Yf b N w N 111 Ill N I!I ¢N 88088888 8 0 8 S88 �888888888888 8 8 8 8 8 o a888888888888 8 mwmm 8 8m 8 8 8 8 c ° � o v L v Q m C C C C C C C G C C C Co 0 0 0 O y M o V m *' £ m m m m m m m m m > > > > > > > > > > > > v v m m v v v a v :ov v v v v v z a a a¢ a a a a a a a Q p p p R m O N Q m m m °0 y m m IYQo m m m A m m m m a a a 4 a 4 a 4 Z m n n I, d o vmi n n � v m m � m n ltDil JO `rv° 2 E oo w w r r r r N w oo r oo W W 7 r N ul a e z 3 oNo wN w w n n ro orvo ro oNo a c c -�+ e Q ti p = N o z •o m m m m m m m m m m m z c 0 a a � � � N � O W o lJ J O N W O "'I O m a IQ ITEM CA-5 CITY OF MEDINA February 7, 2011 To: Mayor and City Council From: Nancy Adams, Director of Finance Re: Finance Report — 2010 Final Year End Reporting 2010 Year End is now complete. The last check run, referred to as the ,,l &h Month" was completed in January and posted into 12/31/2010. The total amount of 2010 Invoices was $195K, and was distributed to the following funds: General Fund $47K Street Fund $18K Capital Fund $130K I have included 2 Year End Reports in response to questions from individual Council Members: 1) 2010 Year End Fund Balances Report —This report provides a view of 2010 Actual vs. 2010 Budget, with subtotals for Revenue and Expense, and provides the Fund Balance Impacts during the year for each fund. • General Fund Balance came in at a ($789K) impact vs. a budgeted impact of ($769K). • Capital Fund Balance came in at a $12K positive impact vs. a budgeted negative impact of $(1.1 M). This is due to the City Hafl Project costs being carried forward to 2011. • 631 Non Revenue Trust Fund is not budgeted, however is reported at Year End for Cash Reporting Purposes. • Total ALL Funds: We have $5.7M in Cash & Investment Pool Funds as of 12/31/2010. This is the same as our Ending Balance in Total ALL Funds. In 2010 we incurred Total Fund Balance Impacts of ($691 K). • We do not want Fund Balances to be depleted going forward. Council and Staff have worked together during the 2011 Planning Process to implement corrective actions to increase the General Fund Revenue Budget and decrease General Fund Expense Budget for the 2011 Plan Year. 2) 2010 Cash Report by Fund —This report provides the Cash Activity Balances by Fund from 1/1/2010 (Beginning Fund Balances), to 12/31/2010 (Ending Fund Balances). The report ties to the Investment Pool Statements and Cash in the Bank as of 12/31/2010. City Hall Project: For the period of January — December 2010, Finance has processed 94 invoices totaling $496K. Audit: The Audits conducted their Audit Exit Interview on 1/31/2011. There were no findings and previous year recommendations were resolved. D)N Mtn Mcomn ornoMoto r� M 0) M N I� r M W V O O M O W (0 aooM O O M or OOv w cD7 .M0-0NV OD O (0 0 I� O O r O V O r t0 N to O to c0 M N N 46 tD C cV V O O O t• Q� O �_ to to N I-- M M O to m 4cp O m O to W O tD O M to O to r V V O tD V! O O N W R m O N N d' co 0) °D V! cD c' O r Q) O O V a N N np� T r W R m 3 c N w c' O W ( c' a M O M u/ N c O u) Lo ( cm oo ND (MO O (9 N O O (.1 OD O N cO c7 N O co M O O N N CO O O N t0 co O W Q N N r� N M E9 M V M t0 69 ffl t9 Hi 4-169 M O W Q N H9 6s f9 N VV aD c0 EA LO 60 M co 1, M ffl iA r (ffl FPr ff} 6-1u) (A d! ww U p N d: u9 b9 p W (� M sA r to co O cM O Lo Lo N O (DO w IT r O O L0 0 0 lecM N N O O O O m O cD V I- 0)0 r r 0 M O P.-O N O V M O r-, O O V M O O r O r O P 0 t0 O O V (D to M to O co M V G cD O 00 G M V O O O 0) W to 40 O) s9 t0 M W oD to M 00 O 1, OD O r O M n N O N O h N O) V O V LL7 EfJ O :fi I� M t9 O (9 h OD W to t` N W W (D r oD O r c0 co N M O N m t!1 co A M O M W O r O M a0 h r N r m O R W a7 d- r r 69 O N c0 r. tD 01 to O R O Oi cP D) N M N LO O h c0 0 /0 vi V � N u) co to O V to O 7 O W •+ (D EA t9 tD N tD 0) ffl :» V) (ri V3 N (9 us M 7 N W V ffl EA Fg to � V1 to 4fs f9 � N H cc N W Q Efi N t9 W Q G p L R E cc fn o O N N N C J .. 0xzE Uj LL. Dtj N U y p 7 C d d cc W Z � N c0 N 0 N(n r— O O$ n M ((1 W Z h O N 1, ti N M O uO O N W 0 cc0 O) V^ c00 N M z � N f� V O . m G C to co ( f Z m DD col)T O O c9 t� M T Z r O M ui m� f- O O ` 0 Ch' cD N OV ^ O O V3 rVBI 10 .O- p Z r h 0 N O N O� V cc o O) p m N M to N cm W M V O N 0) r n b r m �2 O M V vi N N 0n0 N (O O (nD fA cOD N O i» !f3 M� (R W eH Nffl !» f9 V3 Ea 0� c7 us ow W i9 ffr E» r� (» ER 0C � u� in u� r 0 0 0 0 0 0 0 0 0 O pp o W M t%l O I' O O V W O tD 0 M O I�. O �+ o M M to w O M M O M W O O M O) N V O F- N (O M N D) uo O M (D O O r 0 0 N O oo N W w I-. O N 0 0 0 h r co co to O M O O M r to M O V w O r m tD o) M M w O w n N O m O aD c0 S C to M M r- O O) O O O 00 OD O 0/ 01 CO M h C r r r ° z z cW G � N W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W O O O O O O O O O O O O O O O O O O O W Z (v) a to O O O to o 0 0 N O o P. C to o O to M N O O O ti wO 4a IV O O N N O M M cD V N O N to N r G of _ r p O O O O tD '7 O O O N n N W W p to to �- 0 O r N (O V: c0 (D r: cf1 h P c u9 (O O m V O c N M m O m O O O O aD t` M O O n O co M r cD f� r V V m O M O I- to N r oo)) N O r O 0) O N N M 0> 't N O V `S (� M O M N CD V M w VV to cD O O N C a J M N (A V En OD ee}} Go O J N Efl E9 EH (f3 ,� d9 (9 V (A (a � (fl ( HM4 Lo t0 f9 f9 ER r T to n Q C > C7 Q (fl if} ds (9 Q !f} us s9 W z z z z 4 o N ti Q Q F. Q W � IL L)) L R r N N O I� (OD N O OD O N n 1D tOD. W R N O C r N N oR O (Oo N cOD 17 17 0 0 17 0 N 0ND N n m3 j N r N to to d' v) M n N m C m r Lo r to O V Ln tT (O (O N c0 t0 O Q M O w I- O O o O (o O N V N O C' v 1, N O c0 to u) O O N h co M N c0 o N m cD ocW N r OD V O Q W N N tT ocm I`_ h cD oc t+ M O t0 pt M N cD V V - N co O N cD N cD M W to N W r V r G r O tD V (O O W r N f� V fD O N (6 Vol, t0 P U p W (D O io (o O O N r- O r 01 f9 (4) M U p N m 6!> (O to (9 fA V M tD t0 6% ER 61) f9 (fi c9 (9 Ni W N O M r r t(') toa) N O d' I� r to N tD 6% N t f, n Ei3 (too fR M N M to N (» Ef3 tf) t9 f9 H) d3 tfJ f9 M V► V! p N Lo p uj (O F» 4% us �= O N CD o) (D to oD m t0 h h- O f- h r V N O M c0 O M N cD tb cD O M 0) LU (0 W O O 7 to co r, r O (o O O oo m r O t` tD r O N to M Il- O O c0 +- O h O O O r 0 M 0) O N W m j (+') ^ 0D r cM a0 (n N r (G n C aa C c> m c0 to M to O m N E9 V ao (� to O (D m N N V O C) N O to cM w) (D co o 0) cU N oo t P� CD V c0 (fJ O) c' 6L3 M O V V 0) (9 tD N VM` N `S Q Lo N O to c g Q 2 h (D to M I`- m c0 c O r to f� t0 cc O M O N N O W O O d cD cD c0 O O N (� t0 W (D a to I- f9 69 Ki N V a coo (0 V m M W O o) f� m to O (D N V h to N to N (fl (D N V 01 M u'f V N M W H} (9 dj (9 cy oil 0i MM ow W ff3 Efi (A 6s (!i (A EfS v(9 (9 H c%l co !O C p w a) CA M c c N z w > w W s is G MCA K c n c F O o y O = ui E o.• tLw o _U _ c rn c a LLW W - Z — _+� CDO U O ca N °iS U) 7 F- C r N U a •a z� r J N �7(�i3x��SE-icw(na •O x y a' E (U iC (n N W N OC3°)U� a Z V c6 0 d W °)na�i�Eo ��'V R O =ya m 3Ya o> LL H��� o a_ m 3 C m oa u' n��- a) � 0 M (D i �- a z z r a` OWC cL Wa`�acaa))cc[ 0 ca a) ac CLLU c W�aa_iEacia`��ivc'it_do�u�tc,Q U (u 8- (a c .- �i d a F U .2a)°'aoYcd?`i�'�g¢ c (D x v o E a) a) (a c° c �i 4) a F- Jcf-U � U) W W c° c a)o-�U_J �a LL20 G) 47 d RO W ._ 0J2 W LLJUm LL w0�dl- 0 47 d R NQ m as 0wW t0 00 0LU6,02 f-m $U .= ei V �y Q ry r eL0 \ m N o 0 H 4! w ti W R u N ti > oo ca Q O •m Y co Q o p Y E q m= c H c fl, a- to m ° « N c c o 0 0 R R 10 s.0 0 —W s c `0a w N N w m o o o m �_ ,� c E E E ,=n U °' o 0 c d m .op « a y o 00 R m m v ii 0 p� m N R •O C C G c W O W X O! O) o LL -o m N >^ u ¢ E o w ¢ a s m y u L m m O o0 0 O a p ei a-1 rl Z R E o 'm 'm N « o a L = 0 0 0 m p C m fW ei' 00 N m m N N O O 00 00 O O o 0 0 0 m m(A 01 O O O O O O O O O O O O O O O O O O O N N uC a N N a•y Vf N Oul m 0 0 0 0 0 0 Cl 01 O O O O O O O O O O O O O O OVf N N O O O O OO 'ItCOM1O0 M E O 01 M M a m O O O O o0 00HVw 00 1�VtN m OlTm m dN0 WN m N O O 00 00 l0 Lf Vf Lf N �j N iI1 +? VT aA VT N N nj i/T VF ih N Vf iA ll fYl .-� r « Y Ql O O �"� N M cT In lO n DD 0) O rl N N m V v1 l0 n 00 Ol Ol u d a _ w to _ �o '0 0 _ to to +R_ t E���.^lN9�9r«N+3N9r,4N Sr:N:?H;9ti;4�r,Sti3N.RN+'.4NiYN NS4NNi',4 o� m ou ou ou or r ror r m r0mrproo r0m ro00/r0 0pp �o z MOl w h'o0mambN T m Vm Ln m m t0 0 40N N N N N N N N N N N N N N N N N N N N N e1 ei LM ••1 H ei N H �••I ti ti ti ei e-1 a -I ei rl ei Ln 'f ei m m m m m m 1!f m m m m m m m m m m u1 m ui m e y 0 0 0 O O O e-1 O rl ei H rl N f0 O O O O O O O O O O O O O O O O O O O O O O O O M 00 00 1p 1, p V 01 �-1 00 ci M l\ 01 M V V ti 1� N ti V M m M R \ \ \ e-I e-I e-1 \ H \ e•1 �-1 e•1 \ N \ \ \ ri N rl rl ei •-I e-I r c-I c-I e-I ti r1 rl N r1 rl « u N H r a y y a o � j Op .a C Z w E E E 0 \u c m m a a r u a c u u w = = o o c t o '" u o >> uui w m u u .o. .a 'o a 'a V c y p lJ U a, a m u R M to 3 c � y W OZ{ H •C E R O C 7 a �. w �_ 'C E o ¢ « « �? 'n 'n v> E •a o u Q = d w ->p o w 0 w aEi a w >> > z a u s O O O O O O O O O O ti ei O O O O O O .ti O O O N N O O O O O O O O lfl Vl O O R V N N V 1l1 I� n N W N 00 �-1 e-1 �i e-1 Ol Ol M M N e-1 CIl rl M V V' '7 M V V' R V V N T M R C a V V N V V' 7 V lO l0 O O O O O O O O O O O O O O 0 0 O O O O O O m Ol N TV 00 rN Ol a-1 to m Ol e-� op 00 e-1 4 N of Oat 1f1 1!1 V) Vl iA Vl Vf W m m to m to tll m m tl') Ifl N N m m m IA d o o d d o o d d o d o d o d 6 o d o 0 o d b d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O o O O O o O O O O O O O O O O O O O o O o 6 d o b d o o d d d o 0 0 0 o d d d d o d o d o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 p o 0 0 O O o 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 u o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ¢ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m m d u C Y Y 0) W N > O N > U U u V O?f R R r J c E _ U a y ``o aQ ONc Ou It r O V U O E i > _O > O O wV u ` o 0 xE 2¢ oOc N 0 o w o> 0 o CG CG s s z �6 10 c O R O O U > m m m V U O O W l7 S 2 M m C == Y Y Sc ei 10 to O K O 1� W w Z w N m m w Q M v�l b O CIO" V .N-1 e0 N �0 [o m Y FF ry V O N N H w E N u1 1f1 N m 00 e-1 r, Z V V' 1/1 O ¢ W 3 tD l0 Ol 10 d' N 00 t0 Z eh -I tOf1 YOl 00 eNi tNvf ^ 2 N W > ON N V rl O O N� c-I M O j \ \ C Ol t � e-1 H G 0 a � c E 0 y O u e-1 N tlo') O 0 Q rl Q C N G a C O n C d O N Z N `a a• m a0 N m o a :c zg . 00p <+ a C N \ ¢ G R w 0 J b4 V r \ u O L w L c L C N taj R Z N L y J w a LL U a R O O C 00 W W ry u G a J W U V T W. G U O vRai U LL = U` Z O Z o 3 o d `w ao u U Y w '�" o a cc c -a' = ro w a d c 3w c u o w m 'a J a E ¢ ¢O a u u c 'a `m .a. cRi u c u w c ` LL m33 ''_• o 0 m 3 m bA ¢ C U C N V N ` 7 d Y aR+ N �-1 L O rl e4 �•i u� W U W o Y U U O O O O O n' a �^ O O O R R O L L R R a s O L cc > N N N a a a u c c O o 0 0 0 0 N N m can, O O O O M N oo oo O O O n h o0 a0 o 0 0 0 0 0 0 m m m a•+ 'I O O .-' ti H �-! O O O O O O O O V� O O n h N N .•I ti V V' .A N V m m m M cn m 01 m O O O N N N N m m Oi m '7 LO t0 n h .-� .+ O O ml Vf n P O O .-+ .� ml Vf V tD b )-1 mf m1 n O o0 N m m 01 m m O O m E o O n h n h w 00 e•I .� V a U'1 ml m al n h O O m m m m N M w o0 m o0 ml mt m oo N .+ a s N m m mf m m m M M N N m M c O N N N N ml Ln V� U� ml ml i to vl iA M M i/T V? m m N N i/T 1/F N N V} to N N N N VT to VT m1 V} LO �"� e� M v1 rA +/? 'A Q N VL n n w ca VY VA N iA ml m1 mt M C' vF — VY VI V� i/f V 1A r W N d cD O Y O en N m It mt0 n oo m O r1 N V ml l0 n o0 m O O O �"� a-i N m r- n_ n n ao m_ m_ N_ oo m oo m_ w_ m m m_ m m m_ m_ t E�;9� N 3�.R� ��R.N;aN `.4r 3 3r.RN N.RN.3N oN-+3N.R U E L^ O ml O m O m O �+'� O ml O ml O ml O ml O ml O ml O m O ml O ml O ml O m O Ln O N O O ml ul <n O m m/ O ml O ml 0 Z r r r r r r r r r r r r r r r r r r r r r r r O .ti N m cw mf u) h o0 m o .y N C m Lp h m m o �-1 N m h h h h h h h h h h ao m o0 o0 m o0 o0 m o0 m m m m N N N N N N N N N N N N N N N N N N N N N N N Lm m m ••1 ei ei a-1 �•i '1 e-1 ei ei e•I )•i e•1 �•1 Lm m m V7 ut ut M m1 Vf m1 m1 m1 mt ml m1 ml ml ml ut VI ut 4l1 ml m) V7 ml y 0 N N N N N N N N N N ON ON ON ON N N N N oN N co ON ON N N N �c .-� •-+ 00 o vi .�+ oo m N N \ \ �"� \ \ ••1 \ N \ �"� H \ \ N �"� \ e-I \ \ \ \ \ \ �"� \ \ rl r1 N N N e•I e-I N c-I N e-1 ti rI N N m �"� '•I r '{ '-I '-I e-I '�•'1 PI rl �9. C T L a a N 4J as as as a a O .Oc w N L L = O Q G rL C O Z a a a a 3 � Q y a• 07f G. p' O• a 0 W d O O > w O •u a m a a vai u a c a u 'E an ° J y 8 a o v� 0 04 voi a O o g d w voi c is m A u m a Cuo w w E a al m w E Eo a Q O cc O a a It a a a z O 5 a r o_ u w >>> u u O 0 N O r-I o 0 0 O O O O O O O O O O O O 0 0 0 O O O O $ a o 0 0 o v o 0 0 0 0 0 0 0 0 0 0 0 Ol a0 c-1 N N 9 N N ail W Ol 1p Ol Ol M N N Vl O1 1� n n N N c-1 ei O O O O O O O O O O O O O O O O O O O O O O O O O O a0 00 r-1 a0 00 e-i Ol W N a0 00 � V 00 lD c-1 N �-1 �-1 l0 lD l0 a-1 e-1 eel tp f•1 '-I N '-I � N c-I .•i N c-I ut a-i N ti n N N N N n n n N N N n ml ml ml ml ml mi Vl m1 ut ut ml mf ut ml m1 ul ml ml ml ml ut ut mf V7 ill ut d d d o d o d d d o o d d d o d d o d d 6 d d d d o o 0 o o o o 0 0 o o o 0 o o o o o 0 0 o o 0 0 0 o o 0 o o o o 0 o 0 o o 0 o o o o o o o o 0 o 0 o o o o C O 000000000000000000000o0o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q O O o o o o o o o o o o o o o O O o o o o 0 o 0 o o v U O M O •a a a a taj o o R o m c U L o IL- _, m a Q c O taui s ¢ o c a La mo s c J y v m F o "' O c u u a u 'u ot1 a m u r r AR G N O 0! 4I c -O U _ c E a < o E z a n E m m a voi o '.a-. m �o g ¢ 4 o T T 'r>-.. V a '^ r O O > Q d o u`o .c. o 3 m Q a m m v w m o o > z a a a a CI w > 'S 's 3 a ¢ m m mmm u u u u d z o m o c o ut m n ut O 0000 Lp O O �-i O m m m m el m t0 M N M •-1 oD W N O O N LO ti a -I O1 m � u N m Ln C' N O ¢ O '•1 )••1 J N O N = o 0 0 N N ml ml O e-I O O as PI 1p n N N ml n N N m M N e-1 E m z o m o0 o a v ? o m w u o n N m m 0 u o t, m ti N o 0 u om mv c o >< m ti o 0 0 •"'.. m ti •' m m m C m O N 0 O e-I N N \\ N N 0 N to a U w W F- 9 � i+ ey � N a t e. c m N \ rl Y ti a H a Q N G 6 = m Y a y C R > a o « a o E R a > 4 c R = X y U V G O SR a U R a a R U m a 3 0 = � � d o E E a p yO W N e-I �" L yaj W w d LL O U H O M O LL a U Y O C a C p bO 'D O V a M Y OA 1y O CO o m = ` U R = O G, O Y0 yRj a rn N R N R R R a r U N U = O a a a E M 12 c U a c a ? E �« _ —_ _= a > c «' c.-- `^ E a E p ou c m 3 F- h 0 �0 O- u m a .}+ t7 d z a Z ¢ =° uo u0 vLi = a a F a r O C N N t N o O rn Ol t m O O O O N N O O N N Q m w Q n 0 0 0 0 Y3 M M M Y1 O O n P en M1 0 o O n n Q OR OD 01 Ol M O n l0 n o 0 0 0 0 0 t0 t0 I! N O O m l0 M u 0 yj I/j Irj M O O ID l0 Ill IR O o O Q N I� O M N V V' O O Q Q ill Ill O O n n 0 0 0 W Q N Q d' 01 O1 Vl M a-1 M M Vf If1 l0 tD V1 If1 N N �Il Y1 Vl If1 .-I rl l0 01 N O N N N Q N N VY N et Q n P N V! DO e-I rn N N M i/1 VF n n Vl VT VY .-I N N N L? VY 00 W rl ti M M l0 tD VT V1 L11/! rn O M VT Vf R _ N N LT iA V? V1 ryj t/f !MI t/T v/f N N N N N V! vT VF VT 1A VT V! V} Vr R N VL Vl t/1 VT Vf �Q/f r «. a 0 �e a vl to n oo m rn o o �+ N m m m m Q ul io n w rn o 0 0 u w m m a,m rn m m o 0 0 0 0 0 0 0_ o o_ o_ O N '" .ryi N ti R� ti 16 H .'3 ti 10 .m-i N N ti .'4 ti '° � .� V j vl O Ill O 0 ul vl O ul ul ul 0 In ul O 0 vl O l/l O ul l+l In In O 111 O vl ul 0 In O M O Il1 O Ill Ill IA O 111 ul O 111 0 z r r r r 0r r r r r r r r r r r r r r Q Ill t0 000 rn O r1 N M Q t0 n a,O rl N of m m m m alo 0 0 0 0 0 0 0 0 0 0 .i + N N N N N N M M M M M M M M M M M M eY e4 .-� rl H N e-1 ei ei 'i a -I rl ei a-1 e•1 rl rl rl N V1 Ifl M V1 M M1 M M Ln I!f M M Yf of M N N 111 V1 G a rl e-1 .•1 'i '-I ed e-I e-I O a-1 - .-1 e-I e-I rl e-I ri e-1 e-1 r1 N H e-1 •-1 N r1 '•1 O e-i C3 0 ei rl 0 0 ei .-� a-1 I -I N N 0 0 eel 0 ei 0 0 0 0 a N 0 0 •- � O N N N N O O O O O O O O O O O O C. O O O N oN N N N N V \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ co N ` c-I e-I e4 e-I rl r1 rl � r1 r-1 N ti '-1 I-1 ei a-1 a -I i-1 ei i-I a-1 e-I ri ei e-I c a � H H R L c o c r CW a R R E E E o m c ` o a a d w w o $ w m d d Q .cm N g u c c a a o 0 o a a a` o CCR _= a c o 0 d Y G N W U W \ _ �• C to N N G m M G O U C 0 N C r G Ib ' Ib W W M u a V r bO bo R U O .0 = N E N o7o y W c CU N U Eu m a o> =R wa `Eam O ` ` . a saRE m o u ar 2 a 2 0 0 0 0 0 j 0 0 a r N e•1 O O O O O O O N O H O O O O O O O O O O O a -I 1 O O 00 .-i N N O O O O O O O o 0 0 0 V Q In W O O O O O o ul O ei Gl Ol A N .-I m N N e-1 e-1 ti rl N e-1 Ol 01 v-1 a-1 OD M e�i I-1 a-1 e-1 M Q Q Y1 Q Q Q N Q M Q M M M M C1 Q Vl Vl Q Q M M M Q Q 'Q O rn O O O o 0 o 0 O m 0 0 0 0 0 0 O O 0 0 0 o O O 0 V' N e-I ei N N t0 W W OP OP 1- W M T M N N N N N N 00 OP 00 t0 w l0 ei V 7 N N ill ul l0 lO N Q 6 N N N e-1 A e-1 A A A 6 6 600 00 N N rn e-1 N N N N n n n rn n Q Q Q N N N N N N n n n ill Yi Q Vl VI Vl IA Vl Ill Y1 Vl Yl IA M Y1 Ill Ill Ill Ill VI IA IA Vl IA M M M il'f 1l1 t!1 d d d d d d d d d d d d d d d d d d d d d d d d d d O O O O O O O 0 0 O O 0 0 0 0 O C. O 0 O 0 0 o S O O 0 0 0 0 0 0 o O O 0 o 0 0 0 0 0 0 0 0 0 O O O O o 0 0 d d d d d d d d d d d d d d d d d d d d d d d d d d d 0 O 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 o S 0 0 3 0 O O O O O O 0 0 O O O O O O O O O O O O O O O Q 0 m 0 S S 0 0 0 0 0 m 0 Q� o 0 0 0 0 0 0 S 0 0 0 S c O E a m w w o = E u M o > u c a w .+ •+ w •. _ a w o u u` u u O =° o R E c a "l = c c Y O O O O O w Z O R W w a ` Y Y a a a a U u c Z m Z = m c 4 e c E E m o E E E E a m s c > 0 0 O W W ILL li u (7 u a ? n o rn oo .� ti m ao o to .ti ao M Q In In n w f-I n N M M ri IO vl O n O l0 M rn M O V lD fIl n O N N N O tD co Vl l0 Q N n n Q E O w N O e-1 = C I(1 m N e-1 N ei m n Vf p 10 M 00 O w O N e-1 n N n H c-I O eo w o n O o In O o a n T.. N N Q ~ N 1l1 00 O Ill a -I r1 c of \ `o c c c O O O U U U be a a a a y y y W C C C •p - C m co m O N 0 0 0 R 3 O O a o a(D m 0 0 w Ill n a, rn N N Q N m m co 0 0 0 0 M d d 0 H o O 00 Q N R O O O R udd. 3 d x W E m c N d a N d d ri rl ci d d � a d d d y a 10 N N N E A Q d C== 0 c c J O O Ip 'o G N W w = o i N U %1 tw m U`0 �0 w LL } N a s d d R R R '= N N O C O d a s =O `pF 0 L L L U — E y d d U U U p 0 0 0 -E 9 ll.l o w a La a 'm aEi m CJ u u 0 Z u y c — a u m L c c= o a s R d d O o u u u a` c°$ c m M a V1 Dl 0 0 w ID O O M m N w Ol Dl o pp O O m m 0 0 0 0 to �D o 1� h lD N w N N Ill 0! N N Ill Yl V lD V C o0 w 'C Q O O N 'IO 0 0 0 tD tD N O w tD I� ei w Ol m ul M N N N N- M w V1 to a6 h n O o V R w w w V 0, 01 m @ E Ol 01 Ol v m D1 Ol a, 0 w w M M ul N N M M O Yi N N h Vl 'A �-I rl M o0 00 'co, D1 �-I m a-1 lD M M WN 0 m m m m m N m eel m N_ N_ N N_ dam �m m mm m m„R,m,',4.m-im-I.m-I,R.,r-i3.m-�'.9r.�°,..m-i3ti�N �.M-�'.S..R. V I�rl O N vl p of O In O In O ill O Ill ul ul O In O Ill O In O In O In vl of O In O O Z t- E r �- r r f �- r r r M a u1 lD h 00 01 O .'y N M V m m �-1 ey ei M m M m m m N N N N N N C M M M m m M M M M M m R .-1 e1 e1 e'i rl ei e-1 �-1 ei ei �-1 e-1 eY It1 Ifl N N N Ili V1 vl In ul In ut vl C7 0 ''1 rl a-1 ati O O O O rl 0 ti y 0 ON N N N N N ON N 00 N N N N N N N N N h w w O VI M O tD tD tD N .-1 O m M h tll O Lo w a H r N V N N N N d W W 0�0 a c R ai a w u 0 a W a +n c o, a- a a d OM E E m lu y Q = "' m u i i i c S 0 c c c H N O A C O R W O G. R = U (D (i a E E w ,mow, E O y v O O O u 0 m m Q u w O u O z a u 0 0 0 0 0 0 0 0 0 0 0 0 0 o w w w 0 0 99 0 0 0 1o 0 0 0 0 0 1� w w w ul N W co N N N W N N N W h M M N IV N V v v m V m V el C' a d' O O O O O O O O O O O O O O N N N O N N w w lD N N e4 N w lD Hl N ell1 ei a -I .-I N lD lD Ill r1 e-1 w e-1 lD I!1 N e-1 Q Ol Ol Ol e-1 N N h h N N N a-i N h N V N eM w w w N N Il) M M Vl VI M Ifl Ifl Ill �f1 I!1 Ill ill IA Vl m Vf d o d d d o d o o d o o d d o o d b 0 0 0 0 O 0 0 0 0 0 0 0 0 o D o g o 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 o O o 0 o O o 0 0 0 0 0 u o 0 0 0 0 0 0 O O o 0 O o 0 m m m o Q o 0 0 0 0 0 0 0 0 00 .-+ o o w �D /D o c u u U o c = } = u a o v ` U_ U_ R N 0 y C w w w a d C = C C= 0 >> d O } O Q Ma m p E —0 0 0 0 E ^ c n c c a u 0 Z o o °6 o 'u a o o a o 0 o u 0 x x R 0 U a 06 H N Vdl N N M N Vl O> w w ey Ol h 1p O1 H e-I rl rl Ol O VI W Y W a m m w .� m o v vl ul vl m lD Uf Ln Z M E w aH m ON ON ON lvD 0 M 0'a m w oO d J (w� M O Iwn °M° m O = T u h o W w 10 M w l T T Owl a -I LLJ LLl �-1 � O h H O Of MF0�9 ITEM CA-7 CITY OF MEDINA March 14, 2011 To: Mayor and City Council From: Nancy Adams, Director of Finance Re: February 2011 Finance Report The February 2011 Financial Reports include: • February 2011 Revenue & Expense Summary • February 2011 AP Register Activity Detail Revenue: Total Annual Revenue for February 2011 YTD was $689K compared to $391 K for February 2010 YTD. • Property Tax was $33K higher for YTD 2011 compared to YTD 2010 • Sales Tax was $3K lower for YTD 2011 compared to YTD 2010 • Licenses/Permits were $17K higher for YTD 2011 compared to YTD 2010 • Intergovernmental Revenue was $6K lower for YTD 2011 compared to YTD 2010 • REET (Real Estate Excise Tax) was $264K higher for YTD 2011 compared to YTD 2010 Expense: Total Annual Expenditures for February 2011 YTD were $904K compared to $708K for February 2010 YTD. • General Fund Expenditures were $45K higher for YTD 2011 compared to YTD 2010 • Capital Fund Expenditures were $149K higher for YTD 2011 compared to YTD 2010 due to the City Hall Renovation Project Cash & Investments: Cash balances for all funds were $5.5M as of 2/28/2011 City Hall Project: City Hall Expenditures for February 2011 YTD are: $162K City Hall Expenditures for 2010 were: $496K Total City Hall Expenditures for 2010 & 2011 YTD are: $658K T N E E cc C_ N O a C N X 0 O W 3 U �LL a) _ C d N cr O M O O h V' CO CA M M CO O I� O W n N t� ER NOA O M VMtO a OOO r Nh h M N EOA r OO 603 MO 0 NAOOOr 11 T Cn Cl) NMV:rM ' r CO M <O oD toO n} MOD c 3 O N O (hr M M� 0 0 v3 a eN V e O' t% EEEAAPr Efl 6s to fA � E9 M d4 n� f9 Ey fq tsr Es, r> sq V! !H n «� � � LLa LL o o G p O > N N Y N NV fOfl NM N O h MN Nn CO pp MM M M � CCO O� O MO O M O V' aC9c O O tIIq O �ON�pO1 I1en�} 0) C' O O Cl) No pO M LO Cn 0) CO 00i =� Lfii1'1 O 7 ! h VIf0O 68. � 6F., HY fOefJ �2�T LL = LL V O Q O Q r O N O N _ a LL V' O O CO O M M O M N GO h h 0 O 11') CA R v N f> N N h N C0 (q V• o0 0 o0 M o0 O Co IT m Co rn aD Cr O coQD r eF r CO h V• O- C mOn - N M Oh O t0 N O O COO N C7 M ����M• flj SEA n ffl H9 a4A O �. � � M O O O O O O O O O O C O o O O O O O O OOoDMO O 0 O D C.) n 0 n O N h n h O N O u7 CO om n n CD CO O Co CO R CO MO n O 0CO N CO 0N M O O o0 O 0) 0 0 0 O V• p O p 0 c N O Cl) M O c C O O O M O O O O CD O O M O Cn M �f) O O O V O M Q. O g 0 0 0 0 2 0 CO M N O wf� V' O M• 0) V O� M b4 M G 0 M <} fA q n fn Q3. e» its � � � � o9l Yj E9 i0 0 0 N 0 M N O a0 c� cry O M V M CO 00 O N M h M M fr� Cry O N M O O h O w N M r h CO O o`j r O t0 M Cry n b O O O N h N 01 (.� O Gi , dam m K M N CA SR fR Efl CA r� CM' Ch r C C'> M co w O d3 � V3 fA 60 FR �' OW 64 i W 0 m � u a V M CO N M M h O 'It CO N O n M M t0 V' N h M M tp O b O O q N M M to O V O Ui dr � a CO •r- V t0 f') W VJ f� 3 co M o CO a f j �6 ��' � c a 10 LL 0) () W Q) N i N {6 1 LL U CAS "Rf c~ c m c x�_ o6 E J c 0 0 1 L � avi �� iirC15 CO 0oo��aa��mcCL�dti a aa) 0 2 o) w ti a`) G ur aa) 1i —a O. cc o ° ca °ts `� Y c ` (0 4) 'g U Ta daU)000 5a.00 d 2 w o 0 fi N F U F COO)m O 9D n O vn `Oc�oo c or v`OorMioc t H N V' 117 co O O N_ M a N CD M Lo 7 N Ch Cf) co O 1� fry M Cn M r CMO CO M N t0 O O Co (ry n a) fry Y3 Cfl Cfl 69 fA 47 � 1& M• � � N � M � E9 � �!f � H3 aT f9 e e e e e e e e e e s e e e e e g. 4 �e 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CD h 0 O WOW;- O O M h h O O r n M M O CO a CO M O M O 7 r CO o) CO O O r t0 O .- W r h V O CO r 0 7 V' O r CG C O lV CC 0O 0 CN0 2 O C0h 9 TM O M r NVA ON O O nn O h O h -- 0 O) - MrrrN I-.pO C OO V N O N CO N O O V CO O co N CO CA n M O oD n M 7O n n N M N v q r!/! V• `A ifi �i»a °° Q�co 4Ft'CC69 fa e� N O N N 0 N M O N O O M M (�.r5 CO 1l O O) co p O O o) oO0 M O N O COO_ N q� COO toil O9 tMo� Ctpj N o0 V O V M O O N O u Cp N M t, N M h aD O K}4Pr �EA lfY EA EA fH �fRM w b4 fH tn _O W N O O M to O M t\ n c� O Co o)M p M n N V} O V ffl M O N cp � O try IA I� M CO OD I`: rt eo Cn V_ o � V V M N T O N CM � a M �ffl U3 EA 6,3,� Ro O O ta h CO U C a w ca ad a.� F= u=. O c a)o¢ �otf0) wa a ato o Z > w a LL d N c C Wc yJO �a d Q c 46 aD am _o-uL a�)aC�LLQX'uC4NW L CDY W Q) X (D Q)E (OD c0 ID�aa) 2 W iJUO-W0s f/1 FUH N Co V W N z w W � r y o w ? J 60 N c a U W ? Z Y H G O W Q f'1 O to a v � C N N im a m \ \ � c o a+ � O O � d 6 6 0 N m o ° 0 3 o N ° J ti °,�' m N ai ry M �' c V c .-� o o w o o a `w c 3 o u a o m No w o m 'o m w Ixa O, m ¢ E O '� vl E m U ve-i LL m O ey a0 r w N a 0 o r wvs m 0 w a v 0 m Z l j d g w p `o m LL o -aa U O �` 'n .o- c O o Z V Se a 3 o µZ. u° o uEu rcE5 U`Eu uE °u°°u uJo u a .`�-� >> w .•`i.. .� o a c o In c a ,� a m o' w c > a 0 u c y r d a d a U J M 00 > a O li W L a O a a O r� Nop'u'>z>>'> ra`3a�'vl xCos a zCpw � v o oc u oa vl o_ rrrr ONl 0 0 O~l• a 0 0 0 0Ni• .n-I• m u1Di. O Imlf O G) ILR 'e V O O w W 0 m 0 0 W 0~0. m M m tl0'1 n n N Np O o op O O'D to QNI• O O M H1 n r` m O pl n Ol Ol rl n O r` O Ol 1plp1 N N V V V iT Ol 01 �-1 r1 e~1 V 0 a Q~Q aM-I M r, N� w t0 w M Ol To .a -I e�i V 000 .M-� a�A O O Q N N a-1 vlT LMT N iN/? iN/T i/T N VmT YO/~f ia�1 4f1 N iM/F iI} O1+A VT N VT N l/` VI VF m M N VY 4Y N N t/Y 1/� VY YA th V1 "� N '�-i VT N N V/� VT N Vf V4 Vl VT V? V! N VY VT N G m r to n m w w m m w m m m m w m w m O e-I N M O N O n 00 m O O . N M m m m a N N m N N N N N N N N N N N N N N M M M M M M M M M m V 't •7 d' V V -0 V � m M m m m m m m m m m m m m m m m m m m m m m m m m m m m M m m m Z 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 r r r r r r r ppr r r r w N. 00 O\ O .-I N M V Ifl l0 N• a0 mC V NV a L ry N N N M M M M M M M M 00 M M M M M M M M M M M M M M M M M M M Ln y� yl IA � M Vf 1ff Ill 1!1 V1 Vl Vl 1R u1 Y1 Lfl M Vl m 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O co O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N \ N N N N N N N O N N e .-i 1� m M Vf M � Vl IA I!'l Ill Vl Vl to Vf � '-t t0 N n M e-1 ep M O rl M rl n e4 e-1 c-1 eel .V C r L va � „ m IF 00 a 0 a 0 a E w ° 3 c U > o 0 O L AD'� w w u w w '� ou a a a a a a a a c ° W a s u N V W v N C C a G o o o o o N N N L L L L .N� "c vl a m m •m J J c w m o In 'E .'m o. •£ c .0 _ J c a a d m v m m m o a d 3 a u w a J c a a v a o o r o a a a o7j r c c r o `g ° c ° x `o a v > o m r r r V oo w e7j m U U e m w a\i a z .LL 'LL y '�° a a o m o o A o 'm w m o '� `o a`l w o � a m o o o o o o 1-` a` a` 1= a m > m u m U o. 0 U M a a a a O oO OOOO O O O O O O �O OO tiO Oti Oo N9 e1 gN $N 8N OO 6 LA m M m, rN m m A v a ccIrmm v vovao N v m V vvv b d b d d d b b b d d 6 C d 4 d b d d of d d 6 of b d d 6 d d d d 6 d N M to .•"� ."� M M M O 00 m m M M m m .-I N Ol .H m .-� .•i Ol ail w w .-1 00 00 00 oD 00 o0 6 64 tD N N N lD N a�i W C� t0 N a Q1 rl d' Q V1 l0 m w 0 W W N ei a-1 rl ei .-I a-1 .-1 Vl n n r C V V n N N c-I T n N M O 0p N a-1 .-1 ci n ei eel .-1 ei In vl vl m ul vl vl vl ul ul vl uql In ul ul ul m ul �n ,�+n, �n m u� v� M �n �u�++,i, ui vi ��+n, vi m �n in S000 o 0 0 0 o,{{ oo o o o oao,{ o O oo o O +o 0 0 0 0 0 0 o 0 o ,o+, o oo o o o o S S o o s 3 8 0 0 8 0 o S 8 0 0 0 0 o $ o o $ o S$ o O O 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o o O o o o o 4 o m o o o O o o o o o Q O O O o o 0 o o o o o o .-I a -I N O o O O m O O M M l0 O O O O O O O O O C � O YM c v v a v •a a� v oq v v v� J c wwwwwwwwwwwww z c AR C .0 N c C C C N C C c a 0 J J J J J J J J J J J J J L C a 'O m m m m m m m m m m m m m 3 2 = = >> ` o o E 8 u u m e E E E E E E E E E E E E E v c a m u u w •� w In vl a c. y y y y z 2 a s aaa a a a a a aaa .`00 10 0 0 0 0 0 0 0 0 0 0 0 0 0 �S o 5 = a a c u a s a m m m U Y Y Y Y Y Y Y a C > N > .0 aa+ 09 00 00 00 W J 3 M m m m m m m m m m m m cm N .aC L Z o o N N N w W W Ql Ip O C C C C > Q a m m m m m m m m m m m m m m U U U U U 0 O = W to U OC w K K W w i N N N N Vl Vl Q d• n 00 N. O m N o) m n N .-1 h Ill N Yl m W W W W W U J z J J J J m V N+ m '7 Ol n n O .-� N .�I O N Lfl (O Y Y Y Y Y Y q _ W n n c-I a IA V V .'� V to tD e-I M n m N+ m N o g a m m m m m m m 3 3 3 3 3 3 m N F m M ° u � ao rn m m m o m lS ti m .+ rn .� m W o �° to In 00$' 00 oj O c-I .-1 .-i .-1 a -I c-I O eel - W N W Ill Vl Lf1 Vl lA Ill (�) tli Vl Vl IA 1I1 I11 W 00 c-I • • l \ \ \ \ \ .' \ \ \ \ \ O E ti a U 2 W r m 00 m � 0 0ow Oif N e-1 m _ o E u c S O 0o0 C S O O O T T a0+ W a W wC C C C G C C C C 0 2 N u T T 1 G (l fl. y C U 0 0 0 0 0 0 0 0 0 = y r N « U r1 ° ._ E 0 O9 N W # C '` —O O aW+ r U H L 00 C �_ y N_ h_ Yn N_ H_ H_ h_ H_ �_ N O C n G m w K C W N 6 N N U y 0 a Y 0 0 0 0 0 0 0 0 0 W Z S Z n0 ni (j LL C p N v°ii c LLI a = s d E s w a a E « v ;; `a �`d, v d `v a; y`w, `w u O d o ° �' o E — o �° °' g °' f0 °' `° m m `m m m m `m m 2 Z >>__>__>> m c c0v —_ w a •" n = a m N E t$u_� O O O O O Or O O O ti y LL W W W ti ,O U O L L i L O O µ� ` ~O ~O O CO C L L L L L L L L L j r 0 0 0 w pp r N m V m r n m N O O N N N U VY O d 3 V V st U S9 j 0 0 0 0 m Q 0 0 0 N O O O O O O N t° VOf • N lmD n N N 0 0 00 W t0 O O O m u0f O O O O O f+, t�0• rl w w O m 1, W a O 01 0 ,d �d r. �rj vi O p rl e•1 M M O p O p m m m of m O, O m < O o O O r1 m w M I� I� W ao n P O of M W K .-I n O O O a V N dap DO 00 O, Imo. w w f, m w m Q y/? �A VMf icy` N N N N M N imiY N N VT Vf N �m/T i/} N O` N N N VT N W N N N H a/Y V� N N' ce V VT VF N N N ih V? N Vl N N f N G of F } m m m w I, o0 O, O rl N m m M V m w w 1- n w O, O w w w w w w w w w w w 0 0 g u r r r r r r r r r r r r r r r r r r r In w v O1 O m N m of m w P+ m m O e•1 N d m a m m m m m m m m m m m m m w m w U M M M M M M M M M M M M M M M M M M M ei PI ei N N m rl N ti 'i ei e•1 �V �-1 e4 a-i a -I ei m m m m m m m m m m m m m m m m m m m m o o o o o o 0 o a N o o 0 0 o o o o N o a o N N e~i O O O O O O O O O O O O O O O O 0 0 O O O O O 0 0 0 0 0 0 0 0 0 O N N N N N N N N N N N N N N N N N N N N N N N N C ti O V e\-I a\ -I O V O\, V\, n e\-I '\-I N e\-I n M I� O e\-I a\ -I a\I \-I '\-1 '\-I .\-I e\•1 e\1 N � •' N e\-1 a\ -I rl N N e\-I e\-I e\-I '\-I i\i e\-I e\•1 N N N '-1 e-I N N '-1 e\-1 N e\-I '\-I H N N N N e\-I e\-I N 16 C Lu r I N C V C ,j r 0 m° = aui w a a o '£ LL y L o 0 .c° 0cis ¢}ouT, =mc n`U .do�U m�_ `,a-Za�'+ mn= R"uw .&c4 am= no0 *•_=- =•- m\'�mn m2wm am sm ''n5c�0 a 0c r = 0 c o n0d rn m00 o °'u a0 o m G C O r 0 u2 j a m Q NNiiH41Uu OU O a QQ a a QE 0 ° ° a 0u� uN= wNO r o a o 3 3 3 3 3 3 3 3 3 3 a M S01 N� 8 1 S SSS H OP � So 9999SS��� S c-I N a -I c-I d N A d, d, A A d, A A M m A N N N N N N N N a-1 v m v v m v o v a It a m m v It v m m m m m m m m m m m v d b d b d d G d, C d d, d ch m d, 6 d 6 d d d " N N N N N N N N N A d dt N N N O T M r1 N 00 rl 00 w w N M N N e-1 v- M r- r- r- rti ,-I ei ,-I r- r- r- rl N m 00 N h A l0 A w N N �y N �-1 �-1 m M N d, d, d, d, d, d, d, m m (A e-I N N N 00 01 n C d' Of et N N N e-I a OD 00 00 00 00 00 0p OD 00 00 W N m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m 0 0 0$ 0 000 0 0 00$ 0 0 o g00g 0 os� g s s sgo 0 o sg 99 oo�$s���� $ = O C O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O u o 0 o m O O o 0 o O o 0 0 O O o 0 0 0 O m m m m m m m m m m m o 4 0 o O S w o 2 M o o m 0 m .+ 0 0 0 0 .+ to w w w w w w w w to w o m c c E p o 0 N R 0 s s 00 2�vv�aad� 0 0S o c c c m c .�� E FE� iE m u u u a c •10•' u 't m �0 m r m w E E ° v 0 0 O O O O O O O c c c = '� `o c v m m r m m E E .2 � N � N N 41 m m Ov O E O m m v v v w as v w w = Q O >> mm 0 0 0 E . n 0 0 0 v UN o a a s 0 0 a o m }C C a c J o c rrrrrrrrr 3 -0 o o. w d v y >, ou 'u m m m M m m m LL m m m m m Ol O O O J U 0I > V N 3 O0 OO u W O R N a Q Q Q Q Q :c Q Q Q Q Q Q Q 01 >Y YYY z z z O n o.an y 0 M w w O w m M M m w o .-1 m w m a CO s n W M W W z W z z T N m M 00 m N N m a p 00 O w w M ^, W O r r r r r r r r r O N d' 1� n O O 'y m S O m N .-1 rl ti O 2 N Z W if CJ (7 CJ CJ C7 l7 (f d a E �O 0 0 0 N n N O V O m N ^ ~ O N u m Z O m 2 2 m= S S S 2 Z II e-0 .. �yVj �j m N 8W V W ON g O b' Ci 'H' Ci' V dr' O V a u OC — N w N N N Q Q 0 0 0 0 0 0 0 0 0 („) 0, M 00 M M N 0 O O O O N 0 N 0 0 O e-1 N N N 0 w \ \ \ N rl e-I rl N T > l-1 u O ¢ N 01 � c O `m v cc H N N 01 00 •0 O N in a O 0 '0 U E y \\ N N u V O \\ N W @ = ` L u W O O N C C N y d O a N N V w O O W N M t`0 U m um. > U I K N y0„ -ar N y U Ol 0 0 m c .O m q O0 m i aO0 w c a s o 2 2 00 �° v i i v vvi m m « m 0� a v "' Q h > '� u w m ¢ a a o c7 In a, N r o o .0 E E m= J .T+ « r a m m li °' o LL 3 o u a r a in a �° F F- H u u w w M z u 0§ n wpp mp m m uO o 08 m y oho lhq N omo m N o cp S} n n f oao voi o S 6 o$ 6 S 11 oNo -i t, t0 th/1 lm0 tom/} 4T s�/T V1 c0-I e�i i�1f VY V Q W V1 N N N N em1 N N O O N N t/T VIA h pl I Ifl O S ONO Co kl O Q N N Vf to V! n1 lv1 V/ N iA N N VT tM1 N N �' N' N N M N V�1 V V/T V? N u m C m F M tf an 10 w h m w m O ti N M V tS t1 tt u1 ul t0 h w Ql 01 O rl N m m W l0 l0 tp w l0 w l0 l0 l0 h h h h h h h h h h h h h h h 00 m CO CO W z +C} O O O O O O O O O O O O O O O O O b O O Y r r r r r r r I.-r r r r r r r r r r r r r N M t7 Vf t0 h m 01 O r1 N M O V1 w h 00 Ol O N m = w w 10 l0 10 w n m CO m m ti rl N ti lY eM l-1 ei ti 'I rl t-1 m eel •i .-f •i r1 4/1 V1 Ifl If1 1R Yl l!1 4H 4R 1f1 V1 Y1 m m Y1 IA m M M N lfl m O e-I O a-1 rl ♦-I ed e-I ti l-1 0 0 0 0 0 0 0 eel 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 CD 0 0 0 0 m o 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N N N N N N N N N N N \ N N N N N N N N N N N N N N N N N \ \ \ \ \ \ \ \ \ \ N N N \ N N \ N \ \ N N \ N \ \ C N r a n c a` o .2 v m mm 10 1 y 4 a d a >. o w o c c m ;a 'Q m m c .Z w '� '� `o m ? w oo m d v m a d o w w c c `o x x • a a `v a v o c Nn c .Q a n N a a a m m «T. 'u u 0 0 N r`yrp Ft CO O C C _ m imm VCf Ha Na mC N TN V Q a l7 N C W No o6 aaa wa O OO OO O OOOz .7OpO a a a r r g g 0 0 g g g o 8 S � �' o o o o o g 8 e-1 eH d A 'i e-1 N M A e-1 A m H N '-1 e� r1 eV e-1 01 .-1 N 00 N Q7 m A N N C M 111 m m V V tT V M M -* N M M M tt M M tt V' N V M d' '7 V O tO d d d d d d d d d d d d d d b d d d d d d d d d dl d d dl m ry o0 01 ao M 1� .+ oo M m m oo m T N m m m .-+ .-i vl .•+ 'V ti 1p dl W w w l!1 Vl Vl l0 tV w m l0 N N N l0 N Ol N h rl '-I e-I rl N N c-I h V e-I e-I h d' d' C h tY rl e-1 V h V' � m e•I Ol V1 �Vjf ���!{{1 ��!1l Vl Vl �V�{l1 VI VI ut Vh�ll N VI Vpt Yppl Yppl Yl ill VI �p(1 �C+�lVQf V1 N V1 Vf S S S S S S S O S O O S O O S O O O O O `� O O O O O O O O O O O O O O O O O O O 0 0 O O o O O O 9 o 99 o �� g s s$so 90 s o o �g o ss = o 0 0 o a o 0 0 0 0 0 0 0 o a 0 o 0 o 0 o o 0 0 0 0 0 0 0 .o 0 0 o o o o o o o 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q o 0 0 0 0 0 0 0 0 0 .ti o 0 0 .•+ .-+ .-i o c c £ E u 0 m — u ¢¢ c a3 v v c c o o c c a vv uv ° o ma n u u c `o w Y v v v v c a Q 4 r 3 o V c c ns W N v m yl yl w W u Y in in h N a O m o O o o O E EZ W a W W o 'p C O 3 y u 0 E E C N 2 ¢¢ R N d N N Y C 0 0 0 0 c C fl. 0) ate. a@+ N m M "6 G > O 0) d N 01 N 0 Q T N y 'v y E N yu v i h c 'c o '� y E E E E c m 3 3 m w o o o T C c LL O m o o 0 o O o u v o o >¢ uw a u` v cps c� x x x x x x x tYt�� x (pp 2 2 2 d m H H mh m N N 8 O ¢ o O n M W N t00 O W N R V H V O r n d e-I Vl Q m N e-I M b0 1-i V l0 r W l!1 w" . O o m l0 N m N N CO a7 E O V �y .-� c-I m 'E 'E Ol m Ifl W c Ol O Ol h l0 l0 U V O N m o O T'T M N e-1 ti e-1 N N N W e-I 0l Itl l0 J O Z O N a O O iy ii O O O Vl lan 1p o a c0-I r1 O O o V N cL W rl N N O > to rn rn ^^ m m LL 0 ti H N M ry ry O c+ m e-I ti o m oc u O u u _ c n n a uNi ua- "' c c 4 u a m a a m s m w m m O u o a d m ie y «a. w Z a7i aif a7S •-p> u c c .2 w u N oii m m o7S y s m a a a y h c r c a >> a m y c c W m m m `w m m 3 mmm °� m «° p a a a a' o o `^ a .a y a16i N W. y �• c i� c a m ao w a v= a ;p v a Q m m •Y-i u u c o u u u o w Y .� m °' c 10 c> r r m" o u a s o_ a wo m T y m m y p m .cm n vl u` m In mo' a F= aaO ii � 5 O u` �n u •v w vti .n u. 0 5 a 'm c LL 3 c c DC1 n V O w O O N 00 O n h C O O N of tD nY n imwh C' In tD D71 .M•1 00 OmO Y1 1tf.1 M M o0 00 o O n O am oo oo m V? m I, V w N* T N N a O .+l tD tD tD n O O M R 00pp d' N n N fV 1`- n a1 'tf t`l N O m a0 d' N n n o0 00 4 C O O M 00 N m m lG N m Ol I-Z o V• O m of Q m n a-i .y tD m aD m N t6 n .-I o0 O lD O O M N n m m � lD n M m m M M tt Vl Y1 N N V O N N w m N m O� n O m w Q N iN/} ^ ^ H N N ^ vT �100^ Y'i n'f O1 O �-1' N N V LNTV �--1 VT '-I v. N Vf N m Vmf VnT VnT /NA t/T V? N N VT a/T M} a/! N N N N m G m H d' d* m t w n n m m m m O .-1 r e . N M Y ill tD n n n n n n n n n n n n w `w oo ao 00 00 w w 00 oo w w 00 w ao m m m m m m m m m m m m m m m m m m m m m m m a m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m .-+ .-I .•+ .y e-i .--i N .-� .-+ N N ti .-f .� .ti N ti r .� .� .r .-i .+ .i .� '+ e+ .-I N N .� ti .-� H ti N z o 0 0 0 0 0 0 0 0 0 0 0 0 0 o Y 1- F- F- F F- 12 1- !- h h F F- !- F h U V m w n o0 m O .-1 N M * of w n m o' oo oo 0o oo m m m m m m m m m m m V M m M M M M M M M M M M M M M ei rl Lm Mm '/ .-1 .Y r1 .-1 .-1 •i .-1 .-1 .-I ei N M N N M m N M M m m 10 M N O .i .•i r1 '-I H H rt e-1 e-1 '-1 c�-iI e-1 eo o 0 o o o o o o a o 0 o o c o o o o o o eel o o o a o o o o o o o o O o m O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ c m m m o O \ \ \ \ rl e-I \ N a-i N N \ rl \ \ e-1 e-I '-I r1 H \ \ \ N e-I e4 .-1 N N N •� c m F V W aa+ w Y m N O! W W N U1 W W N N N u u u a u u u m m m "6 a s a •a •a a a a a a a c c c v�i c — N m m m ✓� �n �n .n M m m m 'm m m m m x +—+ c m c c c c c c c c E c c f0 v N c a a s U o c a a a a a a a a a a a c w w w O m c u c o a a a a a a o. a s o. o. p u O� m u u O O O O O O O O O O O O m o o u a 1 C C C C C C c c c c a 06 o u u a °„ �s m tl9 u a _ a a a a a a a a` a` a` a` ; 3 R u m m '� a d a w y y y «9 c a a a a a a a a a o 0 0 3 a s : M it o o 0 0 =_= o w c .oc t g F= 3 y Q O z w w o. m vl a O d a s a in a z w M 0 0 O O O O O O O O .n w S 0 0 0 N 19 1OOD O O m O S S 0 O O 0 O O Vmi Vi S S S S S S S S S S S S S .i . ei .-1 .-i .-1 N 1'� n n N N w . eel A M V el' C' V a V Cf t M 'V a V V V a V V H V R V V M M M M m M M M M M M M V d d d d d d d d d d d d b d b d d d d d d d d b d b d d d d d d 6 d 6 d m m m m m N N m w , m oo m .+ N N N N N 1A IJf w w w lD tD N 00 m m 00 N W W CO 00 00 00 00 00 00 OD w w 00 0o w w ul m V d' O d' e-1 '-1 '-I m m a-1 n n 'd' rl ti H e•/ d' ei e-I m m Lfl e-I e-I e-1 e-I ri .-I .-I .-1 a -I s-1 '-I N N m m m tl1 V1 m m m m m m m m m m m m m m L(I Vf m m m m m m to tD m m m m m m m $$$ $ $$ $$ $ $$$ $ $$$ $ $ $ $ $ $$$$$$$$$$$ $ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O =$8$$ $ $$ $$ $ $$$ $ $$$$ $ $ $ $ $ $$$$$$ $$$$$ 0 0 0 0 o o o o o o o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 au o o o o o o o 0 0 o o o o o o o o 0 o O o o o o o o o o o 0 o o o o o 0 0 0 o o o o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o_ a a i o a— uo uo u uo a0 o c c c c a s o. a a a m o m m o c c c u Lo m o.?o o a a a a a a a a a a a a Y .Wco' •s Z' c c c c O d al m m m m m m m m m m m m a ... «co. t r Q === a w w w w v c u O Y Y Y Y U c C c c C G C C G c c C V U V U U fl' U vpi voi voi C a m > > > > > ? > > 1 1 > > N Z "�- ' m' o 0 0 0_ v w M w v v a v a a a v v v a It r r g g O � F� m o o o o _ m r a a a a a a a a a a a a aD p o 0 0 o o w w w u u o u > ..� x 'x m v v m m m d d m a w w w w 3 W al w a� d m m m m m u u 'u u Y m m m m a F- y m m m m 3 3 o7i o o o m m m m M m m m m m m I Y > Z Z Z Z O O O O O D- a s o. a o_ a M o_ O � m m i; � in m �n N in H vi in m m W n g h m 00 n N On oo w a O I! O N N np N m 0000 m N O ID W w tD to to oo � a V V cF m V� m N O lD N 0 0 0 0 o0 .-1 n n n n n O M M M Vt W W m oo e0 N n W n O O O .-1 .-1 e-1 a0 m c=1 , .-I .-I .-I .-I H .-� O O O o O m N N N } .-I m m m m m 00 0o w 00pp N N O .-1 m O m N O O O O O O N N N N N m 3 m tll m U tD lD u M M M V N N N m M d' d' C It V V V Z �^ n n c a m oo N w m m m o0 0o m m m m m m tDn m mmt�m n n vvvvaavvvvav (aj a O N N m N e-1 m e-I .-1 . i e-I e-I . -I H rl N N H H G T W W W .-� m U1 M M m M M M m m M M m M a ry ON \ N N H M om a a �° 0o. o £ v d w u D m V N y K G O W w z c m = d d ¢ �L z° LL a 2 v 2 2 2 u m R m w a N H h 0 c ._ a a a N Q o pp Opp�f O Oo r! ci 6 N N 0 0 0 oQ O tft Vf n ol O Q N N N �y Imp 10 m m VM1 N N i0A m N N M V1 m M ins. O VT Vt 4f N N N Vl VT VF V/ VF fV lV fa N A to G R F Ot O . N m V V V 8 O M V 0 O O V V V V V V V C C a-f _ a-1 3vi�ui m� @vi��n �pufvfvfuf+Ruf'3v' f3f"'3'3 z F- y 01 O �••� N M R Y1 tD n 3 N N1 Ln Y1 V1 Ln N Ln Off C7 R O O O O O O O O O O O O v C R F m a 3 0 Q m o n c w •� � a U° u � a w w 'm �'n, a O N £ c G 'O '8 'a. w 7 T —y y 00 0 0 pf O N O Y ` 01 O 01 V O 0 0 ` U ✓f Q pD Ft p� N O pO a app 0- 0) O O O M ON O V V V O O i0lt 0) N Of M Ol rl V d• of C V M 4 d' V' V 7 �tf d d d d d d d d d d d d 11- 1- 1- 00 1l N V 4 �-1 00 N 0000 00 00 OD N n �a{ N 1fl Vf � V1 Vf 1!1 tf1 Vl N � � Vf 0 g 0 0 0 0000'0 o C g =s g s goo s s s 0 O O O O O O O O O O 4. 0 0 0 0 0 0 0 0 $ o 0 w x m E U a O O 6 L L L L 0 O w ~ V c c c c O C U T C R R R R C O M 0 a G O O O O 0 Q, O t U U U U M E E Ev m z Y a = >; .0 E C) z J m a v v 3 o Z fOY N e+ z o N > � N e-i O C Medina City Council Regular Meeting ITEM CA-8 Monday, March 14, 2011 AGENDA BILL Award the NE 12th Street/Lake Washington Blvd. Corridor Traffic Safety Subject: Improvements Project Category: ® Consent El ordinance ❑ Public Hearing g ❑ City Council Business ❑ Resolution ❑ Other - Discussion Prepared By: Joe Willis, Sr., Director of Public Works Summary: In March of 2009, the Council authorized Transpo Group to study the NE 12tn Street and 84tn Ave NE arterial corridor to provide recommendations for traffic calming and traffic safety related to speeding, cut through traffic, private property driveway access, and pedestrian safety. The design for the first phase was authorized by Council on May 10, 2010. The first phase with an estimated budget of $ 96,500 was included in the Council adopted 2011 Capital Projects Fund. This project includes the installation of a landscaped gateway island at 88tn Ave NE, pedestrian activated flashing crosswalk signs, brick pattern crosswalk, new street light, roadway restriping to create a center turn lane along Lake Washington Blvd from 88th to 86tn Ave NE, and a landscaped median at 86tn Ave NE. Since pavement marking replacements for missing markers are needed on a number of other arterial streets and the worn crosswalks at 84tn Ave NE and NE 12tn Street intersection require refurbishment, I added pavement marking items to the contract bid documents in an effort to economize on the maintenance replacement costs. The added pavement marking items will be funded out of the Street Department budget. Call for Bids for the project was authorized by the Council on January 11 th and the project was advertised for contractor bids in February. Bids were opened on March 9tn The bid summary document will be provided to the Council at the Council meeting. Attachment(s): None. Budget/Fiscal $ 96,500 from the Capital Projects Fund and balance from the Street Impact: Department budget Staff Recommendation: Award contract to NPM Construction Company City Manager move to award the NE 12th Street/Lake Washington Blvd. Corridor Proposed Traffic Safety Improvement Project to NPM Construction Company Council Motion: and authorize the Director of Public Works to administer the project. i 3 8 8 8 8 8 8 8 8 8 8 8 8 88 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 � g Q Q8 D H H M W � s yi y m $ 8 8 8 8 8 8 8 8 8$ 8 8 8 8 8 8� 8 8 8 8 8$ 8 8 8$ 8 $ 8 8 8 8� 8 8 8 8 8 8 8 8 8 S R p 58� 25 5 25 a w 2 e w w Q$ w �i `� g$ g ¢ 5 w �' `.� Si $ g$ �S 5$� 25 Q 2S g8 aE EE 8 8 8 8 8 8 8� S 8 8 8 8 8 8 8 8� 8 8 8( 8 8 8 8( 8y 8 8 8( 8{ 8 8{ 8 8 8 $ 8 8 yQ g p yQ � �Q g' U i' p 8 88 p 8 p O p O p O O 8 O O p 8 p O p p O O 9 O p O p O O 8 O 8 p O N N N p p p p O p O p O p O 3 nN nM �p8 n� pR !A pN� tl! f9 �N YO �q . a �8 5 2 M z (A �8 a pO O �8 � f0 m� y 41 Yi (B M H . N W � y N m 6 $g� � 0 g 0 � 32 m � 8 g a U LLLL r WW m O M O ¢ yi Y Yt ¢ Zp oC U 00 ; O w rz yry ¢ d 3 U 2 U � � a w w i OU ITEM CA-9 January 24, 2011 CALL TO ORDER CITY OF MEDINA Park Board Special Meeting Minutes St. Thomas Church, Music Room 8398 NE 121h Street Vice -Chair called the January 24, 2011 Park Board meeting to order at 6:04 pm. ROLL CALL Present: Gabriele Dickmann, Marelaine Dykes, Susan Flagg, Matt Kochel (arrived 6:11 pm), Susan Loren -Taylor, Laura Weingaertner Absent: Ross Mickel Staff Present: Joe Willis, Director of Public Works; Pamela Greytak, Admin. Assistant ANNOUNCEMENTS No announcements MINUTES MOTION DYKES AND SECOND WEINGAERTNER TO APPROVE NOVEMBER 15, 2010 PARK BOARD MINUTES AS AMENDED: CHANGE "GREENBERG" TO "LOREN- TAYLOR" ON PAGE ONE. MOTION PASSED 5-0. (6:05 pm) AUDIENCE PARTICIPATION No audience participation. PARK REPORTS (6:07 pm) Dykes reported observing fewer pet owners cleaning up after their dogs in Medina Park. Weingaertner recommended writing an article regarding the topic for placement in the next city newsletter. Board members spoke about the monetary fine associated with pet owners neglecting to pick up and dispose of their dog's waste. Weingaertner stated that the new picnic table in View Point Park looks great. NEW BUSINESS 2011 Park Board Work Plan (6:10 pm) Willis discussed documents he distributed prior to the meeting. The documentation included examples of a timeline and flowchart related to the comprehensive plan update. Willis reviewed the park board's 2011 work plan which included deadlines and goals for updating the parks and open space section of the comprehensive plan. Willis and board Park Board Minutes Page 1 January 24, 2011 ITEM CA-9 members spoke about public participation, holding an open house, and mailing residents a postcard regarding the comprehensive plan update. Willis discussed the 84`" Avenue NE design project that Medina and Clyde Hill will be collaborating on. Willis indicated that Clyde Hill will take the lead on the project and the street design will tie in with SR-520 design. He also stated that the park board's input regarding the design will be needed. Board members suggested the comprehensive plan specify that future park board members participate, and provide guidance and direction to Medina Days Committee. Tennis Court Signage (6:43 pm) Board members determined tennis court signs should read, "Tennis Use Only". ELECTION 2011 Election of Chair and Vice -Chair (6:46 pm) Flagg opened floor to nominations for 2011 chair. Kochel nominated Dykes. Dykes nominated Loren -Taylor. Dickmann nominated Weingaertner. Dykes, Weingaertner, and Loren -Taylor declined the nominations. Flagg nominated Kochel. Kochel was elected chair following a 6-0 vote. Kochel opened floor to nominations for 2011 vice chair. Dykes nominated Loren -Taylor. Loren -Taylor nominated Dykes. Dickmann nominated Weingaertner. Weingaertner and Loren -Taylor declined the nominations. Dykes was elected vice chair following a 6-0 vote. Next Meeting Board members determined they would hold their next meeting either February 28, 2011 or March 1, 2011 at 6:00 pm, depending upon meeting room availability. ADJOURNMENT MOTION DYKES AND SECOND LOREN-TAYLOR TO ADJOURN JANUARY 24, 2011 PARK BOARD MEETING. MOTION PASSED 6-0. (6:58 PM) Minutes taken by: Pamela Greytak, CIVIC Administrative Assistant Park Board Minutes Page 2 January 24, 2011 Medina City Council Regular Meeting ITEM OB-1 Monday, March 14, 2011 AGENDA BILL Subject: City Hall Change Order No. 9 Category: ❑ Consent ❑ Ordinance ❑ Public Hearing g ® City Council Business ❑ Resolution ❑ Other —Discussion Prepared By: Joe Willis, Sr., Director of Public Works Summary: During the schematic design stage for City Hall the idea of providing an elevator between the main upstairs administrative offices and the police level was evaluated and found to be unpractical since it would require raising the building roof line. The next iteration of design contemplated an exterior elevator between the main floor and the police level which was deleted by Council due cost. This iteration was included in the Shoreline and Substantial Development Permitting documents reviewed by the Hearing Examiner for permits for the project as a future project, so that in the event it was decided to provide the access, it could be provided without a new land use application. During the building permit review process, it was determined that emergency building exiting based on the room occupancy for the Council Chambers and potential occupancy in the remaining main floor areas dictated an added means of exiting from the building; i.e., exterior stairs on the west side of the building from the deck level to the ground. The design for the new stairs was provided to the Contractor and the negotiated cost for the stairs is $12,500. Attachment(s): 1. Change order diagram Budget/Fiscal Impact: $ 12,500 from the City Hall Contingency Funds Staff Recommendation: Authorize Change Order No. 9 City Manager n )\ Proposed I move to approve Change Order No.9 and authorize the City Manager to Council Motion: sign the Change Order wmYis%a o—sx3 � V,7 n GOaIYl$%3 @ b i $ g xK�sr@�� w9 — S. Medina City Council Regular Meeting ITEM OB-2 Monday, March 14, 2011 AGENDA BILL Subject: Authorization to Purchase Furniture for City Hall Category: ❑ Consent ❑ Ordinance ❑ Public Hearing g ® City Council Business ❑ Resolution ❑ Other — Discussion Prepared By: Joe Willis, Sr., Director of Public Works Summary: During the establishment of the City Hall Budget in 2010 an allocation for new furniture was programed under Temporary City Hall Budget Code 307-594-19-62-10 at $70,000. The need for some new furniture items was recognized early in the design process in order to create efficient staff work spaces that fit with the renovated City Hall room layouts. Since moving to the temporary City Hall would occur in 2010, the furniture expenditure was programmed under that budget item in case new furniture items were needed at that time. As it turned out, no new items were required; staff merely worked with what they had. In a cost conscious effort, the potential procurement of quality used furniture for the renovated City Hall was examined. The result has been favorable. The attached exhibits display some sample office design layouts, desks, work stations, chairs, and files that are available for purchase from a local used office furniture warehouse. Not all of the items that are needed to furnish the City Hall have been found at this time, such as the Council moveable dias and chairs, but a number of them have been identified and are currently reserved for City purchase. The attached summary of items lists those items currently reserved for us (upper subtotal cost of $32,697). The items listed in lower portion of the summary, estimated subtotal cost of $37,011, are still not identified. In order to secure the known items at this time, the request to Council is for authorization to purchase the upper listed furniture now and to allow purchase of those items yet to be identified in the lower list as they are found, provided the total furniture cost does not exceed the $70,000 budget amount. Attachments: 1. Furniture Exhibits 2. Listed Furniture Items with Prices Budget/Fiscal Impact: $ 70,000 from City Hall Budget Staff Recommendation: Authorize purchase of furniture City Manager Approval: W � Proposed I move to authorize the purchase of furniture for City Hall up to a total cost Council Motion: not to exceed $70,000. DAVID A. CLARK ARCHITECTS, PLLC Medina City Hall Created 3/8/2011 Revised *All furniture is used, supplied by a local wholesale resaler. Quanity Unit price Subtotal Total Identified furniture Cherry Veneer Office sets 7 Ea $ 1,700 $ 11,900 2 drawer lateral -combo cabinets Incl Side chairs for offices 10 Ea $ 125 $ 1,250 Lobby chairs 2 Ea $ 125 $ 250 Police desks 5 Ea $ 850 $ 4,250 Desk chairs 15 Ea $ 195 $ 2,925 Side chairs for police 7 Ea $ 75 $ 525 Side chairs for police lunch room 4 Ea $ 75 $ 300 Council stacking chairs (verify count) 35 Ea $ 75 $ 2,625 Cubicles 3 Ea $ 875 $ 2,625 Misc Cubicle items 3 Ea $ 325 $ 975 Conference table 207 1 Ea $ 450 $ 450 Conference chairs 207 6 Ea $ 110 $ 660 42" round tables Offices 4 Ea $ 225 $ 900 42" round table police lunch room 1 Ea $ 225 $ 225 Sum identified furniture $ 29,860 WSST 9.5% $ 29,860 $ 2,837 Remaining furniture budget estimates Filing cabinets Council Dias Council chairs Portable tables Evidence shelving 15 Ea $ 320 $ 4,800 1 LS $ 19,000 $ 19,000 10 Ea $ 750 $ 7,500 4 Ea $ 250 $ 1,000 6 Ea $ 250 $ 1,500 Sum budget items $ 33,800 WSST 9.5% $ 33,800 $ 3,211 Project Budget $ 70,000 David A. Clark Architects, PLLC EFS furniture estimate 030911 31912011 Lower Level Office 119 36"x72" desk with 48" return and 72" credenza with hutch + 42" wide combo cabinet Lower Level Rooms 101, 102 & 117 Rooms 101 & 117 have 30"x60" desk with 24"x36" returns Room 101 has 24"x60" desks with 24"x36" return Lateral Files 30" gray 4-drw = $320 ea 6'x3' laminate double ped desks 36" cream 4-drw = $320 ea 30" black 2-drw = $185 ea Tables (New) Available in several finishes 6' Laminate table = $420 Cubicles 42" Diameter laminate table = $225 Haworth Unigroup 7'x6' workstations. Powered spines, 2 pedestals & 2 bins per cube. = $875 each Lower Level Office 119 36' x72" desk with 48" return and 72" credenza with hutch + 42" wide combo cabinet Main Level and Upper Level Offices 208, 209, 303, 304, 306 & 307 2-drw lat/Combo cabinet h + r i w 30' x72" bullet desk with 42" & 38" return and 72" credenza + 30" wide combo cabinet Medina City Council Regular Meeting ITEM OB-3 Monday, March 14, 2011 AGENDA BILL Lease agreement between the City of Medina and Independent Towers Subject: Holding Company for Fairweather Nature Preserve Category: ❑ Consent El ordinance ❑ Public Hearing g ® City Council Business ❑ Resolution ❑ Other — Discussion Prepared By: Robert J. Grumbach, Director of Development Services Summary: Per council's directions, staff conducted a selection process to choose a single entity to lease land at Fairweather Natural Preserve for wireless communication purposes. Entities became interested in the park as a result of WSDOT asking carriers to remove their facilities from the SR 520 right-of-way. The proposals we reviewed were very similar, but staff recommends selecting Independent Towers Holding Company because they have the greatest incentive to seek co -location of carriers on their facility. They will team up with AT&T as the initial carrier. Included in the selection process, staff negotiated the terms of a proposed site lease which is attached. Highlights of the lease include: • A 10-year term with two 5-year automatic renewals unless a party opts out. • Base compensation is $30,000 paid annually with a 3 percent annual escalator clause. • Starting with the second carrier, the City receives annually for each subtenant the greater amount of $3,600 or 15 percent of a value assigned based on the number of components attached to the tower. An annual escalator clause is also included in this compensation. • The effect date is similar to the one negotiated with ATC. • Notices under the lease will be delivered to Independent Towers, the City and two additional entities to be determined by Independent Towers (they will be associated with investors). However, no new third party rights other than those specifically identified in the agreement will be created. Because of the SR 520 project, there are still details to be worked out. The equipment housing structure is proposed to be located within the slope areas adjacent to the tennis courts and the antenna tower is proposed to be located next to the SR 520 right-of-way near the tennis courts. However, due to proposed construction plans for SR 520, the area for the tower may not be available for a couple of years so a temporary solution may be required. This still needs to be worked -out. Additionally, the design of the tower is still to be determined. We know an 80-foot height consistent with the zoning code is being proposed, but the look of the structure is still to be determined. Pursuant to the terms in the agreement, design must be approved by the City before work on the facilities can commence. Staff will coordinate with the City Council in seeking a design that is acceptable for the park. Attachment(s): 1. Proposed Lease agreement 2. Site Plan BudgeVFiscal Impact: $30,000 revenue plus Staff Recommendation: Approve City Manager I\ Approval: 4 I move to authorize the City Manager to sign the lease agreement with Proposed Independent Towers following resolution of the administrative details to Council Motion: the satisfaction of the City Manager ITEM OB-3 LEASE AGREEMENT BETWEEN THE CITY OF MEDINA AND INDEPENDENT TOWERS HOLDINGS CORPORATION THIS LEASE AGREEMENT (the "Lease"), made on the Effective Date by and between the City of Medina, a municipal corporation operating under the laws of the state of Washington as a "code city" (hereinafter called the "City"), and Independent Towers Holdings, LLC, (hereinafter called "Independent Towers" or "Lessee"), collectively the "Parties." WITNESSETH: WHEREAS Independent Towers desires to construct, install, ;operate, maintain, repair, remove, or replace on a portion of the property managed, maintained, and controlled by the City, a Structure, and Base Station and related Facilities described in Exhibit C; WHEREAS the purpose of the Structure, Base Station and related Facilities > is to, among other things, provide a suitable Structure for the collocation of wireless communication antennas and related facilities to provide personal wireless communications services; and WHEREAS the City and the Independent Towers- desire to enter into a lease agreement setting forth the terms and conditions under which the Structure; Base Station and related Facilities may be constructed, installed, operated, maintained, repaired, removed, or replaced on the property owned by the City. NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and the Independent Towers hereby agree as follows: ARTICLE 1. DEFINITIONS: For purposes of this Lease and the Exhibits attached hereto, the following terms, phrases, words and their derivations shall have the meanings given herein or in the Consent to Sublease (Exhibit "D") when capitalized. Words not defined herein shall have the meaning given pursuant to such federal statutes, rules,;, or regulations that apply to and regulate the services provided by Independent Towers. Words not defined herein, or in such federal statutes, rules, or regulations that apply to and regulate the services provided by Independent Towers, shall be given their common and ordinary meaning. • "Affiliate" means another person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with Independent Towers, or an Independent Towers principal partners, shareholders, or owners of some other ownership interest. LEASE AGREEMENT -1- ITEM OB-3 "Antenna" means any exterior apparatus, structure, or device designed to collect or radiate electromagnetic waves, including but not limited to: telephonic, radio or television communications. Types of antenna elements include, but are not limited to: omnidirectional (whip) antennas, sectorized (panel) antennas, multi- or single -bay (FM and TV), yagi, or parabolic (dish). • "Attached Antenna" means an antenna or antenna array, including RF-to-lightwave converter equipment, that is secured to an existing building, structure (not including an antenna support structure), utility pole, cross country electrical distribution Towers, with or without any accompanying new pole or device which attaches it to the building or structure, together with feed lines, and base station, which may be located either on the roof, inside or outside of the building or structure. • "Antenna array" means a single or group ofantenna elements and associated mounting hardware, feed lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves. • "Base station" means the Lessee's and its Subtenant's, specific electronic equipment used to transmit and receive radio signals located within and including cabinets, shelters, pedestals or other similar enclosures generally used to contain electronic equipment for said purpose and generally as located in Exhibit "B" (Site Plan) and as described in Exhibit "C". • "Collocation" means installing and operating equipment for wireless carriers, service providers,and/or radio common carrier licensees on the Structure using different and separate Antenna, Feed lines and radio frequency generating equipment. • "Effective Date" means the earlier of: (i) 210 days from the date of acceptance as evidenced by the date set forth upon the "Acceptance of Agreement" below; or (ii) the date the City notifies Independent Towers that the construction permits are ready for issuance for the improvements identified in Exhibits B and C. A one-time extension of 120 days may be added by the City to the 210 days provided Independent Towers requests the extension in writing prior to the expiration of the 210 days and pays a fee to the City of $2,500.00. "Emergency" shall mean and refer to a sudden, generally unexpected occurrence, condition or set of circumstances that (a) significantly disrupts or interrupts the operation of the Facilities and Independent Towers's ability to continue to provide services if immediate action is not taken, or (b) presents an imminent threat of harm to persons or property if immediate action is not taken. LEASE AGREEMENT -2- ITEM OB-3 • "Environmental Law" means any federal, state or local statute, regulation, code, rule, ordinance, order, judgment, decree, injunction or common law pertaining in any way to the protection of human health or the environment, including without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, and any similar or comparable state or local law. • "Facilities" means the Base Station, Feed Lines, and :any and all other equipment, attachments, devices, cables, wiring, conduit, panels, cabinets, or property of any kind constructed, installed, located, or placed on or within the Structure and Premise (defined below) by or on behalf of Independent Towers, its Subtenants. • "Feed Lines" are cables used as the interconnecting media between the transmission/receiving base station and the antenna located in the public right-of-way. • "Gross Rental Revenues" shall mean any and all revenue due and owing. to Lessee under the terms and conditions of a Sublease. • "Hazardous Substance" means any hazardous, toxic, radioactive or infectious substance, material or waste as defined, listed or regulated under any Environmental Law, and any element, compound, mixture, solution, particle, or substance, which presents danger or potential danger for damage or injury to health, welfare, or to the environment, including, but not limited to: those substances which are inherently or potentially radioactive, explosive, ignitable, corrosive, reactive, carcinogenic, or toxic; those substances which have been recognized as dangerous or potentially dangerous to health, welfare, or to the environment by any ,federal, municipal, state, City, or other governmental or quasi -governmental authority, and/or' any department or agency thereof; those substances which use, or have as a component thereof or therein, asbestos or lead based paint; and petroleum oil and any of its fractions. • "Premises" means the area as depicted on the site plan set forth in Exhibit B. • "Person" means and includes any individual, corporation, partnership, association, joint- stock -company, Limited Liability Company, political subdivision, public corporation, taxing districts, trust, or any other legal entity, but not Independent Towers or its officials (elected or appointed), officers, employees, agents or contractors. • "Property" means the real property at 2994 Evergreen Point Road, Medina, Washington and legally described in attached Exhibit A, together with all appurtenance and improvements located in, on, under or over the Property. LEASE AGREEMENT -3- ITEM OB-3 • "Radio frequency emissions" or "RFE" means any electromagnetic radiation or other communications signal emitted from an antenna or antenna -related equipment on the ground, antenna support structure, building, or other vertical projection. • "Remedy" "Remediate" and "Remedial Action" mean and refer to those terms as they are defined under the Model Toxics Control Act (Chapter 70.105D RCW) and its implementing regulations at Chapter 173-340 WAC. • "Structure" shall mean and refer to that certain wireless communication support structure located on the Property and commonly referred to as the "wireless communication support structure" to be installed, owned and operated by Lessee. ARTICLE 2. LEASE, LICENSE, PROPERTY. a. Lease and License. City agrees to lease to Independent Towers and Independent Towers agrees to lease from the City, the area for ancillaryfacilities located on the Property identified on the site plan attached to this Lease as Exhibit B ("Site Plan"), comprising approximately square feet of space (hereafter the "Premises") for use by the Independent Towers for construction, installation, maintenance, repair, and operation of the Structure, a Base Station and related Facilities and for the collocation of antennas and related Facilities of personal wireless services operators. Together with such lease, the City grants to the Independent Towers and the Independent Towers accepts from the City, the non-exclusive right of Independent Towers to connect the Base Station to utility service, including sources of electric and telephone facilities, all upon the terms and conditions set forth herein and in accordance with the approved Design Documents as shown on Exhibit C. b.' Acceptance. Independent Towers does hereby accept such Lease and license from the City, and the right to use the Premises (collectively referred to as the "Premises") as approved' by; the City, as shown on the Site Plan and in accordance with the terms and conditions of this Lease. Independent Towers shall, on or before the Effective Date, provide to the City proof of its compliance with the insurance and financial guarantee requirements of Articles 17 (Insurance) and 18 (Performance and Payment Bond) of this Lease. C. Design Review/Approval; Construction/Installation. In the event that on the Effective Date of this Lease the Structure and Facilities are not already constructed or installed upon the Premises, Independent Towers shall submit its design documents to the City for review and approval. Approval of the design documents shall be a condition precedent to commencement of any Independent Towers's work upon the Premises or Property. City approvals and inspections as provided herein, are not intended for the purpose of regulating the services provided by Independent Towers or its subtenants, and are for the sole purpose of and are limited to protecting the City's rights as the owner and/or manager of the Property so as to ensure that the Facilities do not cause damage to or harm the Property, do not LEASE AGREEMENT -4- ITEM OB-3 interfere with the City's use of or activities in and upon the Property, and are compatible with the Property and surrounding property. City shall not unreasonably condition, delay or withhold its approval. Additional requirements applicable to installation, construction, maintenance, and repair are found at Article 11 of this Lease. d. Inspection. The City shall have the right to inspect the Structure and Facilities during construction and installation and at reasonable times thereafter to the extent reasonably necessary to ensure compliance with this Lease. Entry by the City upon the Premises after completion of construction or installation shall require a minimum of 48 hours notice in advance to Independent Towers and Independent Towers shall have the right, but not the obligation to accompany the City during the City's inspection. e. Approvals. Independent Towers's obligations hereunder are expressly conditioned upon Independent Towers's ability to obtain, maintain, renew and reinstate all of the certificates, permits, licenses, zoning, variances and other approvals which may be required from any federal, state or local authority to construct, operate, maintain, modify, repair and/or replace its Structure and Facilities. The City shall reasonably cooperate with Independent Towers, at no expense to the City, in Independent Towers's attempt to obtain approvals. Nothing in this Agreement shall impose a duty upon the City to approve any permits, licenses, zoning variances or other approvals not consistent with Article 3. f. Increase in Antennas/Collocation. Independent Towers shall be entitled to Collocate Antennas, provided Independent Towers complies with the requirements of section 9.b (Subletting) of this; Lease and performs an analysis of the structure to ensure it is able to support the increase in equipment. Such analysis shall be at Independent Towers' or the subtenant's cost and expense and must be performed by a licensed engineer in the State of Washington. Additional antennas shall comply with the City's regulations including the requirement to obtain -a special use permit, unless the antenna has been previously approved under a special use permit for the Facility. Independent Towers shall also ensure that any additional Antennas or their frequencies will not interfere with existing Antennas. ARTICLE 3, PURPOSE; COMPLIANCE WITH LAW; RULES AND REGULATIONS.. a. Purpose. Independent Towers and its Subtenants shall use the Premises for the installation, operation, maintenance, modification, repair, replacement and/or disconnection of the Structure and Facilities consistent with Exhibits B and C. Independent Towers shall not use the Premises for any other purpose without prior written consent from the City. The City will not unreasonably withhold its consent for any use that is consistent with the use of the Premises as authorized herein and complies with the terms of this Lease. b. Use Non -Exclusive. This use of the Premises shall be non-exclusive, and the City specifically reserves the right to make additions, deletions, or modifications to the LEASE AGREEMENT -5- ITEM OB-3 Property; provided that, the use of the Premises shall be exclusive to Independent Towers and its Subtenants, and the City shall not allow any additions, deletions, uses or modifications to the Premises that would interfere with use of the Premises or exercise of the license rights by Independent Towers, and its Subtenants. C. Compliance. Independent Towers shall fully and promptly comply, at the Independent Towers's sole cost and expense, with all lawful statutes, ordinances, rules, regulations, and governmental or quasi -governmental orders now or hereafter in effect and pertaining to the Property and/or the use or occupancy thereof by the Independent Towers and/or its assigns, subcontractors, invitees, officers, agents, or employees. C. Use and Occupancy. Independent Towers shall comply with all use and occupancy rules and regulations of the City as now or hereafter amended or established. d. Utility Improvements. Independent Towers shall have the right to install, maintain and repair utilities at Independent Towers's expense and to improve the present utilities on the Property, if any. Installation of emergency power generators mast be approved in advance, in writing, by the City and shall not interfere with the use of the Property. Independent Towers shall be responsiblefor obtaining permission for connection and access to any utilities. The cost of electric energy consumed and any other utilities shall be at the Independent Towers's sole cost and expense. e. Access to Property. As partial consideration for this Lease, City grants permission to Independent Towers to enter into and upon the Property for the purpose of ingress and egress to and from the Premises to construct, install, maintain, repair, replace, remove, and operate all or part of its Structure and Facilities. Except in the event of an Emergency, such access shall be limited to the business hours of the Property (if applicable); provided, Independent Towers shall not use the Property and Premises in any way that interferes with the use of the Property by City, its agents, employees, contractors, invitees, or licensees.` City acknowledges that use of the Premises as contemplated by this Lease shall not interfere with use of the Property by City.' Further, City shall be required to comply with the rules and regulations of the City that have been implemented to maintain secure access to the Property and/or Structure or that otherwise are necessary to protect the public, health, safety and welfare. f. Interference with Use. Independent Towers agrees that its activities on the Property and its Structure and Facilities shall not interfere with or impair the use of the Property by the City, its employees, agents, contractors or subcontractors and shall not cause interference with any public safety communication system existing now or to be constructed and operating within the City. In the event that such impairment or interference occurs, Independent Towers shall immediately cure the impairment or interference upon verbal or other actual notice by City and shall otherwise cease using the Facilities or cease other actions creating the impairment or interference until the impairment or interference is eliminated or reduced to a standard LEASE AGREEMENT -6- ITEM OB-3 acceptable to the City. Interference with the City use of the Property shall be considered a material breach of this Lease. Similarly, City shall not knowingly permit uses of the Property by parties without rights prior in time to Independent Towers that cause interference with Independent Towers Facilities and use of the Premises. In the event any such interference does not cease promptly, the Parties acknowledge that continuing interference may cause irreparable injury and, therefore, each Party shall have the right, in addition to any other rights it may have at law or equity or pursuant to this Lease, to bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice. g. RFE Interference Studies. Upon installation of Independent Towers's Structure and Facilities, or the antenna of a Subtenant, or anytime thereafter, the City may conduct, at Independent Towers's expense, an interference study indicating whether Independent Towers's or its Subtenant's use of the Premises does or will interfere with City's use or proposed use of its Property. If the study finds that there is a potential for interference that cannot be reasonably remedied, City may terminate this Lease immediately and refund the initial rental to Independent Towers or may require Independent Towers, at Independent Towers's expense, to relocate its Facilities so as to minimize or eliminate the interference to the extent the City deems necessary; h. Interference - New Occupants. Independent Towers agrees that it will not grant a future use on any portion of the Premises to any Subtenant, if such Subtenant's use is reasonably anticipated: to interfere with the City's use of the Property. Independent Towers shall immediately cure the impairment or interference upon verbal or other actual notice by the City and shall otherwise cease using the Facilities or cease other actions creating the impairment or interference until the impairment or interference is eliminated or reduced to a standard acceptable to the City. Independent Towers ` agrees that it will require any subsequent occupants of the Premises to provide these same assurances against interference. Independent Towers shall have the obligation to eliminate any interference with the operations caused by such subsequent occupants. Similarly, the City shall not knowingly permit uses of the Property by parties without rights prior in time to Independent Towers that cause interference with Independent Towers'sFacilities and use of the Premises. In the event any such interference does not cease promptly, the Parties acknowledge that continuing interference may cause irreparable injury and, therefore, each Party shall have the right, in addition to any other rights it may have at law or equity or pursuant to this Lease, to bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice. ARTICLE 4. TERM/RENEWAL. a. Initial Term. This Lease shall be for an initial term of ten (10) years, commencing as of 12:01 a.m. on the Effective Date. b. Renewal. The Lease shall automatically renew upon the same terms and conditions for two additional five year renewal terms; provided that, Independent Towers is LEASE AGREEMENT -7- ITEM OB-3 not in default at the time of renewal, and neither Party has given notice of non -renewal. Notice of non -renewal must be given in writing and given no more than 180 days and no less than 90 days prior to the end of the initial or renewal term. Each renewal term shall commence, absent proper notice given of non -renewal, at midnight on the day following expiration of the term. ARTICLE 5. FEES. a. Lease Fee. Beginning upon the Effective Date, Independent Towers covenants and agrees to pay the City, as consideration for its use of the Premises, an annual based rental of $30,000.00 subject to adjustments as provided in Article 6 section b of this Lease, ("Lease Fee"), plus the lease fee for Subtenants any and all applicable state and local taxes, including, but not limited to, a leasehold excise tax for which there is no applicable exemption, payable in advance on or before the 30th day following the Effective Date. Payment shall be made payable to "City Treasurer." No offset, reduction or credit toward the Lease Fee shall be allowed unless mutually agreed upon by the Parties. Thereafter, the adjusted Lease Fee, plus any and all applicable state and local taxes, shall be paid in advance no later than the 30`h day following each annual anniversary date of the Effective Date of this Lease. b. Lease Fee for Subtenants. Pursuant to Article 9 Section b of this Lease, Independent Towers may sublease the use of the Premises to ,a Subtenant. Gross Rental Revenues derived by Independent Towers from Subtenants shall be subject to a Subtenant Lease Fee as described herein; provided that, Gross Rental Revenues derived from the initial Subtenant shall not be subject to the Subtenant Lease Fee. Commencing upon execution of the Consent to Sublease for the second Sublease entered into by and between Independent Towers and Subtenant, and for each subsequent Sublease thereafter, the base Lease Fee in this Section 5(a) shall be increased by an amount equal to the greater amount of an annual rental of $3,600.00 or fifteen (15) percent of the sum of the number of antennas (including, but not limited to panel, dish, whip, yaggi or GPS) plus the number of coaxial cables together multiplied by $960.00 for each Sublease (the "Subtenant Lease Fee"). The Subtenant Lease Fee shall be due and payable within the later of thirty (30) days following issuance of final permits to Subtenant necessary for installation of Subtenant related Facilities on the Premises, and shall be pro -rated based upon the number of days remaining in the term ,in -which the Subtenant Lease Fee becomes due and payable to the City. Thereafter, the Subtenant Lease Fee shall be due and payable in advance in the same manner as the Base Lease Fee utilizing the execution of Consent as the anniversary date when payment is due for that Sublease. The Subtenant Lease Fee shall be adjusted on an annual basis by the greater of the percentage of the annual adjustment set forth in Section 6(b) of this Lease or the percentage of the inflationary or equivalent adjustment set forth in the Sublease. LEASE AGREEMENT -8- ITEM OB-3 C. Overdue Pants. Any Lease Fee, additional charges, additional consideration, or any other sums payable by Independent Towers to the City under this Agreement which shall not be paid within ten (10) days of the due date thereof, shall bear interest at a rate equal to twelve percent (12%) per annum, but not in excess of the highest lawful rate permitted under applicable laws, calculated from the original due date thereof to the date or payment. Further, any Lease Fee which shall not be paid within ten (10) days of the due date thereof shall be additionally subject to a late payment penalty equal to three percent (3%) of the amount, not including interest. 6. FEESANSURANCE ADJUSTMENTS. a. Insurance. The City may review and amend this 'Lease not more often than once every five years as it deems reasonably necessary for the purpose of imposing reasonable increases in the liability insurance coverage amounts in order to be consistent with coverage for other comparable properties and considering the City'sloss exposure and inflation. Prior to imposing such additional coverage or adjusting existing required coverage or limits, the City shall provide reasonable notice, no less than ninety (90) days, to the Independent Towers and an opportunity to provide comments, and the City shall review and consider such comments that are timely made, prior to imposition of any increase. b. Annual Adjustments. The Lease Fee amount specified in Section 5(a) shall be subject to automatic annual adjustments as follows: beginning the second year of the initial term, and each year thereafter during this initial term and any subsequent renewal term, the annual Lease Fee shall be increased by three percent over the annual Lease Fee for the prior year. ARTICLE 7. TAXES. The Lease Fee set forth in this Lease is exclusive of any sales, business, occupation, applicable leasehold excise, or other taxes based on fees, and should any such taxes apply, or be enacted during the life or this Lease, the Lease Fee shall be increased by such amount. Independent Towers shall be responsible for the payment of such taxes and taxes shall be paid in the same manner and for the same period of time as the fees being paid to the City. Independent Towers understands that the tax is specified by state and local governments and may be subject to change. ARTICLE S. OWNERSHIP. a. Use is Subordinate. The permission granted herein is subordinate and subject to any restrictive uses, covenants, easements, or other property rights existing in the Property at the time of execution of the Lease. The City does not warrant that the restrictive uses of the Property authorize or allow City to Lease the property for the uses described herein, and LEASE AGREEMENT -9- ITEM OB-3 Independent Towers understands and accepts such risk, and holds the City harmless from and against any damage, loss, expenses, or liability resulting from a failure of City's authority to authorize the uses as provided herein. Independent Towers shall be entitled to terminate this Lease immediately if Independent Towers discovers any restrictive covenants, easements, or other interests prevent the use of the Premises by Independent Towers for the purposes intended by this Lease. b. Personal Property. The Facilities shall not become fixtures and shall remain the personal property of the owner and shall not be or become the property of the City_ ARTICLE 9. ASSIGNMENT. a. Assignment. Independent Towers shall not assign this Lease without the prior written approval of the City, which approval may not be unreasonably withheld, conditioned or delayed. Provided that, Independent Towers may assign this Lease to any Affiliate upon 30 days prior written notice and unconditional acceptance in writing by the Affiliate of all terms and conditions of this Lease together with its address for purposes of notice pursuant to Article 26 herein. b. Subletting. Independent Towers may, at its option, sublet, license, sublicense, sublease, or otherwise consent to or authorize (hereinafter collectively referred to as "sublet") use or occupancy of the Structure, Premises or Facilities to those licensees, sublicensees and/or subtenants for the collocation, maintenance and operation of Antenna and related equipment by Person's providing personal wireless communication services. No other Subletting is authorized. Independent Towers may not Sublet any portion of the Structure, Premises or Facilities unless and until a fully executed and binding Consent to Sublease Agreement, in the form of Exhibit "D" attached hereto, has been delivered to the City. No rights granted by Independent Towers to a Subtenant shall be any greater than the rights granted to Independent Towers pursuant to the terms and conditions of this Agreement. C. Request in Writing. Each request for approval of an assignment must be in writing and the Parties, including the assignee, must enter into an agreement acceptable to the City, wherein the assignee will assume all rights, duties, and obligations that City has under the Lease, will guarantee and be responsible for full compliance with the Lease, will meet or exceed all applicable and lawful federal, state, and local requirements. The City may deny approval of an assignment if Independent Towers is in default under the lease. Further, as a condition of assignment, the assignee shall comply with the insurance and other financial requirements under this lease as set forth at Articles 17 and 18 herein. d. Consent to Assignment. The City hereby consents to the assignment by Independent Towers of its rights under this Agreement as collateral to any Person providing financing for the purchase of the Structure and Facilities to be installed at the Premises. LEASE AGREEMENT -10- ITEM OB-3 ARTICLE 10. ACCESS BY CITY/ENCLOSURE. The City shall be entitled to enter upon the Premises, upon reasonable notice as set forth in Article 2, paragraph d, to inspect the Structure and Facilities for compliance with this lease. Independent Towers may enclose the Premises with fencing or other screening to protect and screen its facilities from view; provided such fencing or screening must be approved in advance by the City. Installation of fencing or screening shall not operate to expand or alter the Premises. ARTICLE 11. CONSTRUCTION, INSTALLATION AND OPERATION OF FACILITIES. a. Notice. As required by any City permits, prior to commencing the construction of the Structure and initial installation of the Structure and Facilities, Independent Towers shall give a minimum of 72 hours notice to the City of its intent to commence such construction and installation. b. Compliance; No Interference. Independent Towers shall construct, install, operate, repair, replace, remove, and maintain the Structure and Facilities lien free and in accordance with the approved design documents, and all lawful and applicable laws, use and occupancy rules and regulations, other regulations, and building, construction, and other codes and so as not to cause interference with any other radio; computer, telephone, or telephone transmitting or receiving equipment, or other transmitting or receiving equipment regardless of whether such are located on the Property or elsewhere. Any damage done to the Premises or Property including the Structure during construction or installation or during operations shall be repaired at Independent Towers's expense within 30 days after notification of damage. C. Record Drawings. Upon completion of construction and installation by Independent, Towers or its subcontractor, Independent Towers shall provide record drawings of the Facilities and the site plan and a description of all Facilities installed that shows the actual location of all Facilities consistent with the plans approved by City. Such record drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Facilities. The record drawings and equipment description shall be incorporated herein as though fully set forth as addendum I to Exhibit C. d. Compliance with Laws/Regulations. All of the work (the "Independent Towers's Work") undertaken by the Independent Towers, its agents, employees, contractors, and subcontractor's as authorized herein (whether such Independent Towers's' Work is the initial construction or installation of Facilities, or alterations, improvements or updates to Facilities) shall be undertaken and completed at the Independent Towers's sole cost and expense, in a good and workmanlike manner in accordance with good engineering practices and without liens and fully in conformance with all lawful applicable statutes, laws, LEASE AGREEMENT -11- ITEM OB-3 ordinances, rules, and regulations, pursuant to valid governmental permits and authorizations with respect thereto, and pursuant to plans and specifications which have been reviewed and approved by the City. Notwithstanding anything herein to the contrary, any cabling installed shall meet the minimum requirements of all applicable codes, statutes, and/or ordinances. e. No Liability to City. Except as may be otherwise provided herein, the City shall not be liable to the Independent Towers, its agents, employees, contractors, invitees, and/or subcontractors for any injury, damage, or otherwise which may arise or occur should the operation of the Facilities be interrupted or prevented by fire, accident, strike, riot, act of God, or the making of necessary repairs or improvements to the Structure and Property, by the City, its employees, agents, or contractors. f. Equipment. No equipment other than that which is consistent with the purpose of this Agreement shall be installed by Independent Towers, or its agents, employees, contractors, licensees, sublicensees, subtenants, invitees, and/or subcontractors without the City's consent. Upon request from the City, Independent Towers will provide detailed information to the City regarding the Facilities to the extent such information is required by emergency responders to plan for or respond to an Emergency at the Premises. g. City Not Responsible. The City; is not responsible for the care, maintenance, or security of the Premises, Structure or Facilities. ARTICLE 12. PERMITS. Independent Towers shall obtain and pay all costs of building, electrical, or other construction or land use permitting as required by any governmental authorities having jurisdiction over the Work. Independent Towersshall provide any drawings or documentation required by such governmental authorities for review of permit applications and related inspections. ARTICLE 13. OPERATION, MAINTENANCE, ALTERATIONS OR IMPROVEMENTS. a. Operation. Independent Towers shall have the right, at its sole cost and expense, to operate and maintain the Structure and Facilities on the Premises in accordance with good engineering practices, with all applicable FCC rules and regulations. b. Maintenance. Independent Towers, through its employees and contractors, shall be solely responsible for the maintenance and care of the Structure and Facilities and shall maintain the Facilities and the Premises in a clean, sanitary, and safe condition, in good repair, at least equal to the standard of maintenance of the City's facilities on or adjacent to the Structure, and free of any defects and in accordance with accepted industry standards of technology and equipment at all times during the term of this Lease. Independent Towers shall keep the Premises free of graffiti, debris, and anything of a dangerous or toxic nature or LEASE AGREEMENT -12- ITEM OB-3 which would create an unsafe or unsanitary condition or undue vibration, heat, noise, or interference. C. Replacements. Before Independent Towers may update or replace the Structure or Facilities, Independent Towers must notify and provide a detailed proposal to City. Independent Towers shall submit to City a detailed proposal for any such replacement facilities and any other information reasonably requested by City of such requested update or replacement, including but not limited to a technical study, carried out at Independent Towers's expense. City may not unreasonably withhold approval. Independent Towers shall, upon completion of alterations, improvements, or replacement'` of Facilities, provide an updated record drawing in the manner provided in Section 11(b) herein. d. Independent Towers's Expense. All construction, installation, alterations, additions, and improvements shall be at the sole cost and expense of the Independent Towers, and the Independent Towers agrees that the City shall not be liable for any damage, loss, or injury arising from any such alterations, additions, or improvements, except to the extent that any damage, loss, or injury is due to the negligent or intentional acts or omissions of City, its employees, agents, or contractors. e. Emergency Facilities. In the event of a natural or man-made disaster or a civil disturbance, in order to protect the health, welfare, and safety of the community, Subtenants may utilize mobile wireless communications facilities on a temporary basis on the Premises to assure continuation of service. Such temporary operation shall not exceed 90 days unless Independent Towers obtains written approval from the City and shall not impair, damage, or interfere with the use of the Property and Structure by the City. Written approval may include a temporary use permit or other form of written approval as deemed necessary by the City to ensure operations may continue during the emergency. ARTICLE 14. DAMAGE OR DESTRUCTION. In the event theStructureis destroyed or damaged by earthquake, or other casualty, to such an extent as to render the same unsuitable for the intended use in whole or in substantial part thereof, it shall be an option of Independent Towers to repair or rebuild the same. This Lease shall terminate effective as of the date of such damage or casualty unless the Independent Towers, within 90 days after the happening of any such damage or casualty, shall give the City written notice of its election to restore said Premises. ARTICLE 15. TERMINATION/REMOVAL OF FACILITIES. a. Termination Without Cause by Independent Towers. Subject to the early cancellation fee, Independent Towers shall have the right, at its sole cost and expense and without liens, and upon not less than 30 days' prior written notice to the City, which written LEASE AGREEMENT -13- ITEM OB-3 notice shall be accompanied by the "early cancellation fee" described below, to terminate this lease without cause and remove the Facilities, in whole, and restore the Property. b. Early Cancellation Fee. If Independent Towers terminates this Lease pursuant to Article 15(a) above, Independent Towers shall pay to the City, as liquidated damages for early termination, an early cancellation fee that is the equivalent of 50 percent of the annual rent for the year in which Independent Towers terminates this lease. Independent Towers's early termination of this Lease shall not relieve Independent Towers of any liability or obligation arising or pertaining to a period prior to the termination date. C. Independent Towers Default. Except as may be otherwise provided, Independent Towers shall be in default in the performance of any; material obligation required to be performed by Independent Towers under the Lease, if Independent Towers has failed to perform such obligation (including, but not limited to, the payment of the Lease Fee) within fifteen (15) days after the receipt of notice from the City specifying in reasonable detail, Independent Towers's failure to perform; provided, however, if the nature of Independent Towers's obligation (other than the payment of any monetary sum) is such that more than fifteen (15) calendar days are required for its performance, then Independent Towers shall not be deemed in default if Independent Towers commences such performance within fifteen (15) days of receipt of such notice, and, thereafter, in good faith , diligently pursues the same to completion. Upon any such default by Independent Towers, the City may exercise any of its rights, provided in contract, law or at equity. d. City Default. The City shall be in default in the performance of any material obligation required to be performed by the City under the Lease if the City has failed to perform such obligation within thirty (30) days after the receipt of notice from the Independent Towers ,specifying in reasonable detail the City's obligation to perform; provided,however, if the nature of the City's obligation is such that more than thirty (30) calendar days are required for its performance, then the City shall not be deemed in default if ` it shall commence such performance within 30 days and, thereafter, in good faith diligently pursues the same to completion. Upon any such default by the City, Independent Towers may exercise any of its rights provided in contract, law or at equity, and shall have the right, but not the obligation, to cure any such event of default and to deduct the reasonable and actual costs incurred by Independent Towers to cure such default, including reasonable legal fees and expenses, from the amounts next due and owing under the Lease. e. Events of Termination. Except as otherwise provided herein, this Lease may be terminated upon sixty (60) days written notice to the other party as follows: i. by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); LEASE AGREEMENT -14- ITEM OB-3 ii. by Independent Towers for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Facilities or Independent Towers's business iii. by Independent Towers for cause if the leased Premises is or becomes unacceptable for technological reasons including without limitation shadowing or interference under Independent Towers's Antenna Facilities, design or engineering specifications or the communications systems to which the Antenna Facilities belong; iv. by the City, upon a one year prior written notice to Independent Towers if the City Council decides, for any reason, to redevelop the Premises in a manner inconsistent with continued use of the Premises by Independent Towers v. by the City, if it determines that Independent Towers has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted there under, after a public hearing before the City's Council and an opportunity to cure consistent with this Article; vi. by the City if the Independent Towers becomes either insolvent or files a proceeding in bankruptcy, or if a receiver is appointed; or vii. by the City, in the event of an assignment of the Lease in violation of Article 9. The requirements of Article 9 are deemed to be material conditions of this Lease and no opportunity to cure is required as a pre -condition to termination by City. f. Removal of `'Facilities. Upon termination or expiration of this Lease, Independent Towers 'shall have no more than ninety (90) days thereafter to remove its Facilities and repair, at its sole cost and expense, any damage caused to the Property and Structure by removal of all or any of the Facilities, and further, upon removal, shall restore the Property and any area damaged by its installation or removal to its original or better condition, normal wear and tear excepted, or as may be otherwise approved by the City. g. Failure to. Remove. If Independent Towers shall fail to remove any Facilities of any nature whatsoever from the Property within ninety (90) days following termination or expiration of this Lease, or when sooner required under this Lease Agreement, the City may remove and store said Facilities without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Independent Towers. If Independent Towers has not retrieved the property and paid the cost of storing any such property after it has been stored for a period of thirty (30) days or more, the City may, at its option, sell or permit to be sold, any or all such property at public or private sale, in such manner and at such times and places as the City in its sole discretion may deem proper, without notice to Independent Towers, unless notice is required under applicable statutes, and shall apply the LEASE AGREEMENT -15- ITEM OB-3 proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter become due the City from Independent Towers under any of the terms hereof; and fourth, the balance, if any, to Independent Towers. Independent Towers shall, upon demand in writing by the City, provide a performance and payment bond to the City within thirty (30) days of receipt of such demand, for the purpose of securing Independent Towers's obligations pursuant to this Section 15(g). Such performance and payment bond shall conform to the requirements of Exhibit E. h. Abandonment. Notwithstanding Article 15(f): of this Lease, if Independent Towers or its successors in interest provide the City with notice of intent to abandon the Facilities, all such Facilities may remain on the " Property if the City elects, in its sole discretion, for the Facilities to remain on the Property after the termination or expiration Date. In the event the City elects, in writing, for the Facilities to remain on the Property, such Facilities shall become the property of City without payment by the City, and Independent Towers shall provide whatever documents or authorization is necessary to transfer title. To the extent that Facilities include items of personal property that may be removed from the Property without harming the Property,or diminishing the value of the Property or the Facilities, the City asserts no ownership interest in these Facilities unless the parties agree otherwise in writing upon termination of this Lease. Independent Towers shall notify the City at least 180 days before the termination or expiration date if it intends to leave the Facilities on the Property. The City shall ,then have ninety (90) days in which to notify Independent Towers that it wishes to have the Facilities removed or elects to have them remain. Failure to notify Independent Towers shall be deemed an election by the City that the Facilities shall be removed from the Property. , If the: Facilities remain on the Property after the termination or expiration date without City's written consent, they still will become the property of the City, if it chooses to own them, but the City may remove them and Independent Towers shall pay the costs of removal and disposal upon the City's demand. ARTICLE 16. INDEMNIFICATION. Except for any injury to persons or damage to property that is caused by or results from the gross negligence or intentional act of the City, its employees, contractors, licensees, invitees or its agents, and subject to the other provisions of this Agreement, Independent Towers shall indemnify, defend, and hold the City and the City's employees and agents harmless from and against any and all demands, causes of action, fines, penalties, damages, liabilities, judgments, and expenses (including, without limitation, reasonable attorneys' fees) incurred in connection with or arising from: a. The use or occupancy of the Property by Independent Towers, its agents, employees, contractors, subcontractors, subtenants, invitees, licensees, or sublicensees or any person legally claiming a right under Independent Towers. LEASE AGREEMENT -16- ITEM OB-3 b. Any activity, work, or thing done or permitted by Independent Towers, its agents, employees, contractors, subcontractors, subtenants, invitees, licensees, or sublicensees, or any person legally claiming under Independent Towers arising under the Agreement in or about the Property. C. Any breach by Independent Towers or its employees, agents, contractors, subcontractors, licensees, or invitees of any provision or term of this Agreement. d. Any injury or damage to the person, property, or business of Independent Towers, its employees, agents, contractors, subcontractors, subtenants, licensees, sublicensees or invitees entering upon the Property under the express invitation of Independent Towers. e. Any violation by Independent Towers, its agents, employees, contractors, subcontractors, invitees, or licensees, or any person claiming under Independent Towers of the Americans With Disabilities Act and/or any other law, rule, code, or regulation. If any action or proceeding is brought against an Indemnified Party by reason of the foregoing, Independent Towers, upon the written notice from such Indemnified Party, shall defend the same at Independent Towers's expense with counsel reasonably satisfactory to the City. In addition to the foregoing, Independent Towers, as a material part or the consideration to the City for this Agreement, hereby waives and releases all claims against the City and the City`s employees and; agents with respect to all matters for which the City has disclaimed liability pursuant to Article 10(e) and Article 19(c) and 19(e) of this Agreement. In indemnifying and holding City harmless as to Independent Towers's employees, Independent Towers: waives immunity under industrial insurance law, Title 51 RCWW, Independent Towers specifically assumes potential liability for actions brought by Independent Towers's own employees against the City and, solely for the purpose of this indemnification and defense,; Independent Towers specifically waives any immunity under the state industrial insurance law,. Title 51 RCW. INDEPENDENT TOWERS RECOGNIZES THAT THIS WAIVER WAS SPECIFICALLY ENTERED INTO PURSUANT TO THE PROVISIONS OF RCW 4.24.115 AND WAS THE SUBJECT OF MUTUAL NEGOTIATION. The terms and conditions of this Article 15, and any other indemnities or releases provided in this Agreement, shall be applicable during the term of the Agreement and shall survive termination of this Agreement with respect to acts or events occurring prior thereto. ARTICLE 17. INSURANCE. a. Independent Towers shall at all times that Independent Towers's Facilities are located on the Property, at its sole cost and expense, keep in full force the following insurance: LEASE AGREEMENT -17- ITEM OB-3 (i) Commercial General Liability insurance insuring Independent Towers against any liability arising by reason of this Lease and/or arising out of the use or occupancy of the Property and all areas appurtenant thereto. Such insurance shall be in the amount of at least $2,000,000 per occurrence, $2,000,000 personal and advertising injury; $4,000,000 general aggregate, and $4,000,000 products and completed operations aggregate, and shall include, but not be limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Premises/Operation, broad form contractual, independent contractors, blanket contractual coverage, including coverage for written contracts and specific coverage for the indemnity provisions set forth in this Lease, and completed operations and products liability coverage; provided that, there shall not be an exclusion for liability not contracted for. Independent Towers will maintain Completed Operations coverage for a minimum of two years after the construction is completed. (ii) Workers' Compensation and Employer's Liability insurance as required by state law. (iii) Automobile Liability. Independent Towers must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $2,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage of ridges afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non -owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverage. (iv) Independent Towers's Property Insurance. Independent Towers must keep in force during the term and any renewals of the Lease a policy covering damages to its property at the Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. b. All policies shall, as allowed by law, include the City as an additional insured, without limitation, and shall be written in a form and with a financially sound insurance company who may lawfully do business in the State of Washington with a financial strength rating at all times during coverage of no less than an "A" and in a financial size category of no less than "X", in the latest edition of "Best's Rating Guide" published by A.M. Best Company or equivalent rating guide approved by the City. LEASE AGREEMENT -18- ITEM OB-3 C. In the event that at any time during coverage, the insurer does not meet the foregoing standards, Independent Towers shall give prompt notice to the City and shall seek coverage from an insurer that meets the foregoing standards. Prior to or at the time that Independent Towers takes possession of the Premises, Independent Towers shall deliver to the City copies of policies or certificates evidencing the existence of the amounts and forms of coverage satisfactory to the City. C. All policies maintained by the Independent Towers will provide that they may not be terminated nor may coverage be reduced except after thirty (30) days' prior written notice to the City. The Independent Towers shall-, .within thirty (30) days prior to the expiration of such policies, furnish the City with renewals or "binders" thereof. d. All Commercial General Liability and Independent Towers property policies maintained by the Independent Towers shall be written as primary policies, not contributing with and not supplemental to the coverage that City may carry. e. The City, its agent, and employees make no representation that the limits of liability specified to be carried by the Independent Towers are adequate to protect the Independent Towers. If Independent Towers believes that any of such insurance coverage is inadequate, the Independent Towers will obtain such additional insurance coverage, as the Independent Towers deems adequate, at the Independent Towers' sole expense. f. Independent Towers acknowledges that the City is not responsible for insuring against the loss of Independent Towers's Facilities. ARTICLE 18. 'UNLAWFUL USE. Independent Towers will not do, or permit to be done, in or about the Property anything which is "illegal or unlawful, or which will be dangerous to life or limb, or will increase any insurance rate upon said Property. ARTICLE 19. SUCCESSORS. All the covenants, agreements, terms, and conditions contained in this Lease shall apply to and be binding upon the City and Independent Towers and their respective heirs, executors, administrators, successors, and assigns. ARTICLE 20. LIENS AND INSOLVENCY. Independent Towers shall not allow any mechanics', materialmen's, suppliers', or laborers' lien arising by reason of Independent Towers's or subcontractor's Work to attach or exist against the Property. In the event of Independent Towers's failure to fully remove any such LEASE AGREEMENT -19- ITEM OB-3 liens within thirty (30) days after its filing and/or recordation, the City shall have the right to pay all sums claimed by reason of said lien, and Independent Towers shall promptly pay the City the amount of such payment, together with all other costs and expenses (including attorneys' fees) incurred by the City. The provisions of this section shall survive the termination of this Lease. ARTICLE 21. HAZARDOUS SUBSTANCES. a. Prohibited Use. Except as provided herein, Independent Towers shall not use, sell, manufacture, store, treat, generate, or dispose of, or otherwise allow the release of any Hazardous Substance, as defined below, in, on, or under the Property, or any adjacent property, or in any improvements placed on the Property. Independent Towers represents and warrants to the City that Independent Towers's intended use of the Property does not involve the use, production, disposal, release, sale, manufacture, treatment, or bringing on to the Property of any Hazardous Substance. Notwithstanding the foregoing, Independent Towers is permitted to use and store Hazardous Substances that are commonly used in wireless communication facilities including, but not limited to, ordinary cleaning products, battery acid and petroleum based fuel products; all of which Independent Towers shall use in compliance with Environmental Laws; provided that, Independent Towers shall provide the City written notice of all Hazardous Substances that are stored, used or maintained on the Premises. Further, the City acknowledges that Independent Towers may, , pursuant to Article 3.d, be authorized to install, use, and operator a generator on the Premises to provide emergency power to the Facilities. In such event, Independent Towers may store and use Hazardous Substances on the Premises that are necessary for the operation of the generator during such Emergency; provided that Independent Towers first submits to and then implements a plan to the City that meets industry standards for the safe and lawful storage of such Hazardous Substances on the Premises. b. Condition of Property: The City makes no representations or warranties as to the prior'` use of the Property and Independent Towers accepts the Property AS IS and WHERE IS, WITH ALL FAULTS. Independent Towers has had an opportunity prior to the Effective Date of this Agreement to diligently investigate and examine to Independent Towers's full satisfaction the physical condition of the Property, including, but not limited to, the zoning status; presence, and location of existing utilities; operating history; compliance with Environmental Laws or other Laws and other requirements applicable to the Property; the presence of any Hazardous Substances or wetlands, asbestos, or other environmental conditions in, on, under, or in proximity to the Premises; the condition or existence of any of the above ground or underground structures or improvements, including tanks and transformers in, on or under the Premises; the condition of title to the Premises, and the leases, easements, orders, licenses, or other agreements, affecting the Premises; City's disclosure (if any), and all other matters that in Independent Towers's judgment affect Independent Towers's use of the Property and Independent Towers's willingness to enter into this Agreement (collectively referred to as the "Condition of the Premises"). LEASE AGREEMENT -20- ITEM OB-3 Independent Towers has not relied and will not rely on, and the City is not liable for or bound by, any express or implied warranties, guaranties, statements, representations, or information pertaining to the Property, its use, compliance with law or otherwise relating thereto made or furnished by the City or any agent representing the City, to whomever made or given, directly or indirectly, verbally, or in writing, except the representations and warranties of the City as specifically set forth in this Agreement. C. Indemnification. Independent Towers assumes the risk that Hazardous Substances or other adverse matters may affect the Premises and Excavated Areas (defined below) that were not revealed by Independent Towers's inspection and indemnifies, holds harmless and hereby waives, releases and discharges forever the City and City's officials (elected or appointed), officers, employees and agents (collectively, "Indemnitees") from any and all present or future claims or demands, and any and all damages, losses, injuries, liabilities, causes of actions (including, without limitation, causes of action in tort) costs and expenses (including, without limitation fines, penalties and judgments, and attorneys' fees) of any and every kind or character, known or unknown, which Independent Towers might have asserted or alleged against Indemnitees arising from or in any way related to the Condition of the Premises or alleged presence, use, storage, generation, manufacture, transport, release, leak, spill, disposal or other handling of any Hazardous Substances in, on or under the Premises ("Independent Towers Losses"). Independent Towers Losses shall include without limitation: (a) the cost of any investigation, removal, or Remedial Action (defined below) that is required by any Environmental Law, that is required by judicial order or by order of or agreement with any governmental authority; (b) losses for injury or death of any person caused by the Condition of the Premises; and (c) losses arising under any Environmental Law enacted after the date hereof. Except as may be limited below, Independent Towers Lossesspecifically include losses sustained by Independent Towers as a result of any obligation of Independent Towers to remove, close, Remediate, reimburse or take other actions requested or required by any governmental agency concerning any Hazardous Substances on the Premises. Notwithstanding the above, Independent Towers Losses waived, released, and discharged hereunder by Independent Towers shall not include losses as a resultof releases or contamination caused by the acts of the City or its agents, employees, contractors or subcontractors after the date hereof. d. Discovery Within Premises. In the event that the activities of Independent Towers upon the Premises >result in the discovery of the presence of Hazardous Substances ("Discovered Matters") in, on or upon the areas excavated or otherwise opened or exposed by Independent Towers within the Premises (the "Excavated Areas"), Independent Towers shall immediately notify the City and take whatever other reporting action is required by applicable Environmental Law as it relates to the Discovered Matters in the Excavated Areas. In the event that, as a result of such discovery, an agency with jurisdiction to address Hazardous Substances (defined below) on the Premises ("Environmental Authority") orders, obtains a judgment or court order requiring, or otherwise exercises its authority to LEASE AGREEMENT -21- ITEM OB-3 require Remedial Actions to be taken by the City or Independent Towers, or Independent Towers decides to undertake Remedial Actions independently or enter into a consent order or consent decree with an Environmental Authority, then in such event, Independent Towers agrees to indemnify, defend, and hold the Indemnitees harmless from and against the cost of all Remedial Actions which are required by the Environmental Authority within the Excavated Areas under the applicable Environmental Laws with respect to the Discovered Matters; provided, however, the City, subject to the provisions of Article 19(e) below, shall be solely responsible for all necessary Remedial Actions which are required by the Environmental Authority within other portions of the Premises (outside the Excavated Areas) under the applicable Environmental Laws with respect to the Discovered Matters. e. Release by Independent Towers. In the "event Independent Towers's activity on the Premises within the Excavated Areas results in a release (as determined under applicable Environmental Laws) of Hazardous Substances which were, before such activities, confined to areas within the Excavated Areas, but which after such activities by Independent Towers are released beyond the Excavated Areas, and if the release is caused in whole or in part by Independent Towers, then Independent Towers shall indemnify, defend and hold the City harmless from the costs of all necessary Remedial Actions which are required under the applicable Environmental Laws, to the extent of Independent Towers 's share of the liability for the release. Independent Towers's liability for the release may, inter alia, be determined by Independent Towers's admission of the same, or as determined by a final non -appealable decision by a court of competent jurisdiction, or as provided in a final non -appealable administrative order issued by the Environmental Authority, or by a consent decree entered by Independent Towers and the Environmental Authority. ARTICLE 22. COSTS AND ATTORNEYS' FEES. If, by reason of any default or breach hereunder by the City or by Independent Towers, it becomes necessary to institute suit, the prevailing party in such suit shall be entitled to recover, as part of any judgment, such amount as the court shall determine reasonable as attorneys' fees for the prevailing party in such suit, together with taxable costs. ARTICLE 23. NONWAIVER OF BREACH. The failure of a party to this Lease to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such option, or any other covenants or agreements, but the same shall be and remain in full force and effect. ARTICLE 24. HOLDOVER. If Independent Towers shall hold over after the expiration of the term of this Lease, such continued possession shall be strictly at the sufferance of the City and may be terminated by LEASE AGREEMENT -22- ITEM OB-3 City within the City`s sole discretion upon not less than ten (10) days' written notice to Independent Towers and by Independent Towers upon not less than ten (10) days' written notice to the City. During each month, or part thereof, of such continued possession, Independent Towers agrees to pay to the City, two times the Lease Fee payable in the last month of the Lease term before the holdover tenancy commenced, unless a different rate is agreed upon, and to be bound by all of the terms, covenants, and conditions as herein specified, so far as applicable. ARTICLE 25. NOTICES. All notices under this Lease shall be in writing and delivered in person or sent by registered or certified mail, postage prepaid or by a nationally recognized overnight carrier, to the City and to Independent Towers at the notice addresses, or such other addresses as may from time to time be designated by any such Party in writing. Notices mailed as aforesaid shall be deemed given on the date of such. City: City of Medina Attn: City Manager (Donna Hanson) 501'Evergreen Point Road Medina, WA 98039 Independent Towers:; Independent Towers Holdings:, LLC 11 Herbert Drive Latham, NY 12110 Attn: John Stevens Additional notices ARTICLE 26. GENERAL. a. Headinjzs. Titles to sections of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. b. Entire Agreement. This Lease contains all covenants and agreements between the City and the Independent Towers relating in any manner to the leasing, use, and occupancy of the Property and other matters set forth in this Lease. No prior agreements or understanding pertaining to the same shall be valid or of any force or effect and the covenants and agreement of this Lease shall not be altered, modified, or added to except in writing signed by the City and the Independent Towers. All exhibits herein referred to are and shall be incorporated by reference as though fully set forth herein. LEASE AGREEMENT -23- ITEM OB-3 C. Severability. Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and the remaining provisions hereof shall nevertheless remain in full. force and effect. d. No Warranty of Quiet Enjoyment. Unless due to the negligence or willful misconduct of the City, its employees, agents, or contractors, the City shall not be liable to Independent Towers, if for any reason whatsoever, Independent Towers's use or occupation of the Premises, or the exercise of the rights granted hereunder, shall be hindered, disturbed, or terminated. e. Specific Performance: No Consequential Damages. In the event of a breach or default, or threatened breach or default, by the City or the Independent Towers (the "Defaulting Party") under this Lease, the other Party (the "Non -Defaulting Party") shall have the right, in addition to all other rights under law or in equity, to obtain an injunction and enforce specific performance against the Defaulting Party. Neither Party shall claim or be awarded any incidental, punitive, or consequential damages by reason of the default of or breach by the other. f. Time. Time is of the essence under this Lease. g. Entire Understanding. The Parties hereto hereby agree that the City has not made any representations, statements, warranties, or agreements to Independent Towers or others with respect to any condition or thing other than as specifically set forth herein. This Lease embodies the entire understanding of the Parties hereto, and there are no further or other agreements or understandings, written or oral, in effect between the Parties, relating to the subject matter hereof. This Lease may be amended or modified only by an instrument signed by both the City and Independent Towers. h.- Recitals. The Parties agree that the recitals are true and accurate and are hereby incorporated as though fully set forth herein. i. Condemnation. If all of the Property is taken for any public or quasi -public use under government law, ordinance, or regulation, or by right of eminent domain or private purchase in lieu thereof (collectively, "Taking"), this Agreement shall terminate when the physical Taking of the Premises occurs. If any part of the Premises is subject to a Taking, this Agreement shall continue in full force and effect without abatement of any of Independent Towers's obligations hereunder. The City shall receive the entire award for any Taking of the Property; provided that Independent Towers may pursue a separate award for Independent Towers's leasehold interest so long as such pursuit or award thereto does not diminish the award to the City. j. Signs. No advertising shall be permitted on the Property, except as required by law or regulation. Independent Towers may post its name, address, and an emergency LEASE AGREEMENT -24- ITEM OB-3 telephone number on a painted sign; provided, the design, size, and location is approved in writing and in advance by City. k. No Joint Venture. It is not intended by this Lease to, and nothing contained in this Lease shall, create any partnership, joint venture, or principal -agent relationship or other arrangement between City and the Independent Towers. Neither Party is authorized to, nor shall either Party act toward third Persons or the public in any manner which would indicate any such relationship with the other. The Parties intend that the rights, obligations, and covenants in this Lease and the collateral instruments shall be exclusively enforceable by the City and Independent Towers, their successors, and assigns. No term or provision of this Lease, including but not limited to the notice requirements under Article 25, is intended to be, or shall be, for the benefit of any person not a party hereto, and no such person shall have any right or cause of action hereunder, except as may be otherwise provided herein. 1. Memorandum. Upon request by either party, the parties agree to promptly execute and deliver a recordable Memorandum of this Lease in a form acceptable to both parties which may be recorded by the party, requesting the Memorandum of Lease. ARTICLE 27. INTERPRETATION/CHOICE OF LAW/VENUE. The Parties hereto specifically acknowledge and agree that the terms of this Lease have been mutually negotiated and the Parties hereby specifically waive the rule or principle of contract construction which provides that any ambiguity in any term or provision of a contract will be interpreted or resolved against the Party which drafted such term or provision. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the Parties under any of the provisions of this Lease, the venue for resolution of that dispute shall be available only in King County, Washington. (Remainder of Page le, ft Intentionally Blank) LEASE AGREEMENT -25- ITEM OB-3 IN WITNESS WHEREOF the Parties hereto have executed this document as of the day and year first above written. CITY: Donna Hanson City Manager Approved as to form: Bruce Disend Attorney for City (Remainder of Page left Intentionally Blank) LEASE AGREEMENT -26- ITEM OB-3 ACCEPTANCE OF LEASE AGREEMENT am the of and am the authorized representative to accept the above -referenced Lease Agreement on behalf of I certify that this Lease Agreement, and all terms and conditions thereof, are accepted by , without qualification or reservation. DATED this day of , 24 ** By Its STATE OF ** ) ss. County of ** ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that (he/she/they) (was/were) authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes' mentioned in the instrument. Dated: Signature of Notary Public: Notary (print name) Residing at: My appointment expires: LEASE AGREEMENT -27- ITEM OB-3 EXHIBIT A Legal Description of Property EXHIBIT B Site Plan Depicting Premises ITEM OB-3 EXHIBIT C Approved Design Documents and Equipment List (To be Inserted) ITEM OB-3 ADDENDUM 1 TO EXHIBIT C Record Drawings, Final Site Plan, and Final Equipment List (To be inserted) ITEM OB-3 EXHIBIT D (Form of Consent to Sublease) ITEM OB-3 CONSENT TO SUBLEASE COLLOCATION This Consent to Sublease is given by the City of Medina, a Washington Municipal Corporation ("Lessor") as of the day of , 20 Recitals A. Sublessor (as defined below) has executed or intends to execute a Sublease (as defined below) with Subtenant, for a portion of the Premisesdescribed in the Lease (as defined below). B. The terms of the Lease require Sublessor to obtain the consent of Lessor for a sublease of all or any portion of the Premises, and Sublessor has requested such consent from Lessor. C. Lessor is willing to consent to the Sublease on the terms and conditions set forth below. THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor, Sublessor and Subtenant hereby agree as follows: Agreement 1. Definitions. In this Consent to Sublease, the following terms have the meaning given to them: a. Sublessor: Independent Towers Holdings, LLC. b. Subtenant: C. Leaser That certain land lease with an Effective Date of , between City Lessor and Independent Towers as Lessee. d. Premises: The portion of the real property legally described in the Lease that is being subleased to Subtenant as set forth in the Sublease. e. Sublease: That certain site lease, license agreement, permit, or other agreement by and between Sublessor and Subtenant authorizing Subtenant to locate and operate mobile communications equipment in and upon the Structure and Facilities described in the Lease. 2. Consent to Sublease. Lessor hereby consents to the Sublease on the terms and conditions set forth herein. Conditions of Consent. Lessor's consent to the Sublease is specifically ITEM OB-3 conditioned upon the following: a. It is understood and agreed by Sublessor and Subtenant that (i) the Sublease shall in all respects be construed as a sublease and or collocation of the Premises, derivative of and dependent upon the Lease, and not as an assignment of the Lease, (ii) no privity of contract exists or is established between Lessor and Subtenant under or by virtue of the Sublease or the execution and delivery of this Consent by Lessor, (iii) Sublessor may grant to Subtenant, and Subtenant shall have or acquire, no rights under the Lease any greater than the rights of the Sublesssor under the Lease, and (iv) Lessor has made no representation or warranty to Subtenant with respect to the condition or suitability of the Premises. In the event of any conflicts between the terms and provisions of the Lease and the terms and provisions of the Sublease, including, but not limited to, those conflicts specifically identified in subparagraph (g) below, the terms and provisions of the Lease shall supersede and control. b. Sublessor will remain liable for the performance of each and every one of its obligations under the Lease. C. This consent will not be deemed consent to any subsequent sublease; rather, any subsequent sublease will require the consent of the undersigned pursuant to the Lease. d. Sublessor and Subtenant will deliver a fully executed copy of the Sublease to Lessor within thirty (30) days following execution of the same. e. Notwithstanding anything contained in the Sublease to the contrary, Lessor shall have no obligation to deliver any notices or copies of notices to Subtenant, and no obligation to accept, consider, or respond to any request, inquiry, demand or other communicationfrom Subtenant, whether of a type described in the Sublease or otherwise. f. Sublessor agrees that, for purposes of Article 16 (Indemnity), Article 17 (Insurance), and Article 21 (Hazardous Substances of the Lease, Subtenant and its agents, employees, licensees and invites shall be considered to be an agent of the Lessor. The foregoing list is not intended to be exclusive. g. Sublessor `agrees that Subtenant shall not be authorized access to the Property or Premises for purpose of installation and operation of its Antenna and related facilities unless and until Subtenant has complied with all applicable requirements of MMC Ch. 17.90, as now or may hereinafter be amended. h. Sublessor and Subtenant agree that this consent shall expire 180 days after execution by the City, and shall thereafter be null and void and of no effect, in the event that Subtenant has not substantially completed installation of its Facilities. Lessor has executed this Consent to Sublease as of the date first written above. ITEM OB-3 LESSOR: CITY OF MEDINA Uzz Nam Title Approved as to form: City Attorney SUBLESSOR By Name Title Approved as to form: ACKNOWLEDGMENT BY SUBTENANT T. , the of the Subtenant under the Sublease, hereby acknowledge Subtenant's receipt of, and Subtenant's agreement to, the terms, conditions and restrictions to the Lessor's consent to the Sublease set forth in the Consent to Sublease. SUBTENANT By Name Approved as to form: EXHIBIT E (Performance and Payment Bond) Bond Requirements. ITEM OB-3 1. Lessee shall provide to the City a faithful performance and payment bond in an amount equal to 125% of the estimated cost to ensure the full and faithful performance of all of Lessor's responsibilities under Section 15(g) of the Lease. 2. The performance and payment bond shall be in a form with terms and conditions acceptable to the City and reviewed and approved by the City Attorney. 3. The performance and payment bond shall be with a surety with a rating no less than "A V in the latest edition of "Bests Rating Guide," published by A.M. Best Company. 4. The Lessee shall pay all premiums or costs associated with maintaining the performance and payment bond, and shall keep the same in full force and effect at all times. If Lessee fails to provide or maintain the Bond, then the City, in its sole discretion, may require Lessee to substitute an equivalent cash deposit in lieu of the Bond. 5. Lessee's maintenance of the bond(s) shall not be construed to excuse unfaithful performance by Lessee, or limit the liability of Lessee to the amount of the bond(s), or otherwise limit the City's recourse to any other remedy available at law or in equity. 6. The amount of the bond may be adjusted by the City to take into account cumulative inflation. -40Z m m m Qo= m M ate0 � H � y 0 a H Z � � N _ v r n � 0 a _ v m 0 rn o ? L m a m z x m r 0 Z ° mm 0 n m N 1 C Z r z 2 1 1 w a.ro CA rr 1 1 1 II L:) c 1 i It 1 1 - � Medina City Council Regular Meeting ITEM OB-4 Monday, March 14, 2011 AGENDA BILL Subject: WSDOT Right -of -Entry to Fairweather Park for SR 520 Construction Category: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other — Discussion Prepared By: Joe Willis, Sr., Director of Public Works Summary: The SR 520 Medina to SR 202, Eastside Transit and HOV Project Design/Build Contractor, Eastside Corridor Constructors (ECC), is in the design stages for the Project and since construction will require the replacement of the Evergreen Point Roadway bridge crossing, WSDOT has requested a right -of -entry to that portion of Fairweather Park that is to be conveyed to the State to accommodate the Regional Trail and access to the Park from the landscaped freeway lid. The portion of the Park to be conveyed and affected by the construction is the southwestern corner and a small sliver of land along the south margin of the Park. The total area is 2,718 square feet. Attachments: 1. Right -of -Entry Document Budget/Fiscal Impact: None Staff Recommendation: Authorize the Cif Manager to sign the agreement. City Manager Ammroval: Proposed I move to authorize the City Manager to sign the Right -of -Entry Agreement Council Motion: for Fairweather Park for the construction of SR 520. ITEM OB-4 RIGHT OF ENTRY State Route 520, Evergreen Point Bridge to SR 405 Vicinity The Grantor, City of Medina, hereby grants to the State of Washington, acting by and through its Department of Transportation and its assigns, Grantee, the right, privilege and right —of —entry of ingress and egress over, across, under, and upon the hereinafter described lands from the date hereof until June 30, 2013 for the purpose of constructing, operating and maintaining the above referenced highway, and operating all necessary machinery and equipment thereon. Said lands being situated in King County, State of Washington, and described as follows: For legal description and additional conditions See Exhibit "A" attached hereto and made apart hereof It is further understood and agreed that the Grantee has initiated or will initiate negotiations with the Grantor for monetary consideration for the lands and / or property rights to be acquired for the construction, operation and maintenance of the aforementioned highway. The Grantee agrees that a valid Offer of Just Compensation will or has been tendered in a prompt manner. Also, that the Grantor does not waive, in any manner, the right to just compensation for any or all of the property rights to be acquired. If the Grantee and the Grantor are not able to negotiate a settlement for the property necessary for the highway project, then the issues shall be resolved by the Grantee initiating an Eminent Domain proceeding. Grantee, its successors or assigns, will protect, save and hold harmless the Grantor, his authorized agents and employees, against all claims, actions, costs, damages or expenses of any nature whatsoever, arising by reason of the negligent acts or omissions of the Grantee, its assigns, agents, contractors, licensees, invitees, employees arising out of or in connection with acts or activities authorized by this Right -of - Entry. The Grantee further agrees to defend the Grantor, his agents or Page 1 of 5 Pages FA No. BR-0520(043) Project No. U52021A Parcel No. 1-22197 RIGHT OF ENTRY employees in litigation arising out of the negligent acts or omission of the grantee in connection with acts or activities authorized by this Right -of -Entry. This obligation shall not include such claims, costs, damages or expenses, including payment of any costs or attorney's fees resulting from any claim(s) or action(s) commenced, which may be caused by the negligence of the Grantor of his authorized agents or employees; Provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the Grantor, his agents or employees and (b) the Grantee, its agents or employees, and involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee or Grantee's agents or employees. It is understood and agreed that delivery of this right of entry is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, by and through its Department of Transportation, by its authorized agent. Dated this day of , 2011 The City of Medina By: Donna Hanson Its: City Manager Accepted and Approved STATE OF WASHINGTON Department of Transportation Page 2 of 5 Pages FA No. BR-0520(043) Project No. U52021A Parcel No. 1-22197 RIGHT OF ENTRY James M. Salter Mega Projects Real Estate Manager Date: Page 3 of 5 Pages FA No. BR-0520(043) Project No. U52021A Parcel No. 1-22197 RIGHT OF ENTRY STATE OF WASHINGTON ss County of King On this day of , 2011 before me personally appeared Donna Hanson to me known to be the duly elected and qualified City Manager of the City of Medina, Washington, that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and each on oath stated that she was authorized to execute said instrument by resolution of the Mayor and City Commissioners of said City, and that the seal affixed is the official seal of said City. GIVEN under my hand and official seal the day and year last above written. Notary Public in and for the State of Washington, residing at My commission expires Page 4 of 5 Pages FA No. BR-0520(043) Project No. U52021A Parcel No. 1-22197 RIGHT OF ENTRY EXHIBIT "A" All that portion of the hereinafter described Parcel "A" lying within the following described tract: Beginning at a point opposite Highway Engineer's Station(hereinafter referred to as HES) 305+68.57 on the SR520 line survey of SR 520, Evergreen Point Bridge to SR 405 Vicinity and 174.95 feet northerly therefrom; thence southeasterly to a point opposite HES 306+46.79 on said line survey and 159 feet northerly therefrom; thence southeasterly to a point opposite HES 309+68.25 on said line survey and 150 feet northwesterly therefrom; thence northwesterly, parallel with said line survey, to a point opposite HES 305+72.99 thereon; thence northerly to the point of beginning: PARCEL "A" The north 325 feet of the south 975 feet of the northwest quarter of the southeast quarter of Section 24, Township 25 North, Range 4 East, W.M., in King County, Washington; EXCEPT that portion conveyed for road by Recording Numbers 529873, 529874, 1271851 and 3585439; AND EXCEPT that portion condemned for highway by King County Superior Cause Number 567521; TOGETHER WITH all that portion of the west 670 feet of the north 330 feet of the northwest quarter of the southeast quarter of Section 24, Township 25 North, Range 4 East, W.M., in King County, Washington, lying south of County Road No. 1219 (Northeast 32" d Street); TOGETHER WITH that portion of the north 330.00 feet of the northwest quarter of the southeast quarter of Section 24, Township 25 North, Range 4 East, W.M., in King County, Washington, lying south of Boddy—Hindle Road and east of a line drawn parallel with the west line of said subdivision and 670 feet east of said west line; EXCEPT the east 30 feet deeded to City of Medina for street by instrument recorded under Recording Number 4861206; EXCEPT that portion dedicated to the public by City of Medina Ordinance No. 394, recorded under Recording Number 8407020722. Grantor's Initials Page 5 of 5 Pages FA No. BR-0520(043) Project No. U52021A Parcel No. 1-22197 RIGHT OF ENTRY PARCEL "B" A tract of land in the northwest quarter of the southeast quarter of Section 24, Township 25 North, Range 4 East, W.M., in King County, Washington; EXCEPT the south 975 feet thereof; EXCEPT the north 330 feet thereof; AND EXCEPT the west 30 feet thereof. The lands herein described contain an area of 2,718 square feet, more or less, the specific details concerning all of which are to be found on sheet 2 of that certain plan entitled SR 520 Evergreen Point Bridge To SR 405 Vicinity, now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval June 29, 2005, revised December 22, 2010. Grantor's Initials Page 6 of 5 Pages FA No. BR-0520(043) Project No. U52021A Parcel No. 1-22197 Medina City Council Regular Meeting ITEM OB-5 Monday, March 14, 2011 AGENDA BILL SR 520 Eastside Corridors Constructors Proposals for 84th Ave NE & Subject: Points Drive Intersection and Bridge Overcrossing Category: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other — Discussion Prepared By: Joe Willis, Sr., Director of Public Works Summary: The SR 520 Medina to SR 202, Eastside Transit and HOV Project Design/Build Contractor, Eastside Corridor Constructors (ECC), is in the design stages for the Project. Their contract with WSDOT currently includes the half -diamond west bound freeway on ramp configuration that is not the preferred design option of the Points Communities. Hunts Point residents opposed the half -diamond on -ramp and requested that a loop on ramp be retained. Solicitations for the retention of the loop ramp were made to each of the Points Communities by Hunts Point. During the back and forth discussions between the Points Communities and WSDOT, the WSDOT response was that a design change was not possible because the design was already at 30% and a redesign would delay the project and thus add to the project cost. This response was not acceptable to the communities and the Governor was asked to weigh in. Her response was to accommodate the communities if the project schedule would not be impacted and the costs were not beyond the project budget. Due to perceived traffic issues related to the half -diamond versus a loop ramp, an alternative fly- over westbound on ramp configuration was proposed resulting in a five leg intersection at 84th Ave NE and Points Drive. In response, WSDOT requested the Design/Build Contractor to evaluate the proposed fly -over on ramp option and provide their evaluation of this option's impact on the project. Eastside Corridors Constructors (ECC) managers provided their evaluation at a joint meeting with Julie Meredith (WSDOT Project Manager), the Points Community Mayors (George Martin, David Cooper, Fred McConkey), Medina Councilmember Mark Nelson, Hunts Point Councilmember Ted Franz, Clyde Hill Manager Mitch Wasserman, and senior staff from the Points Communities on February 181h ECC proposed two options for the 841h Ave NE & Points Drive 5-leg intersection to accommodate a fly -over westbound freeway on ramp. The first option was to install a traffic signal at the intersection. The second option that was preferred by all of the Mayors was to build a circular two lane roundabout. However, ECC said that to construct the fly -over on ramp and the new freeway lid while keeping two lanes open during construction will add 9 months to the construction schedule (total of 31 months) and $20 to $25M to the project cost since the design process would need to be restarted and a time extension would also add cost to the project. To maintain the project schedule, they proposed closure of the 841h Ave NE bridge overcrossing and the construction of a temporary frontage road connection from 92"d Ave NE to 84th Ave NE along the north side of the freeway (a two lane frontage road). This proposal would shorten the bridge closure time to 15 months and add $3 to $5M to the project cost. The frontage road would connect to the current loop on ramp from 84th Ave NE to west bound SR 520. This would route westbound on ramp traffic through Clyde Hill along Points Drive to 92nd Ave NE, across the 92"d bridge overcrossing, around a new roundabout on the north side of the freeway, along the temporary frontage road to the present 84th loop on ramp. Medina City Council Regular Meeting Monday, March 14, 2011 ITEM OB-5 Concerns were expressed that this rerouting of traffic will route significant Bellevue traffic through Clyde Hill along Points Drive and along 92"d Ave NE, the intersection of Points Drive and 92nd will be a major choke point and require modifications that include a traffic signal, and the two lane frontage road will delay emergency response to Hunts Point. This proposed rerouting of traffic through Clyde Hill was adamantly opposed by Mayor Martin as totally unacceptable. Mayor Cooper was concerned about Yarrow Point access at the north side of the 92nd bridge and the SR 520 off ramp with the increased traffic. Mayor McConkey was in favor of the 84th bridge closure and interim frontage road access to Hunts Point provided emergency response and traffic impacts could be mitigated. All the Mayors agreed that the roundabout proposed for 841h & Points Drive was the best solution for that intersection to accommodate the fly -over freeway on ramp. To alleviate the traffic impacts of the ECC proposal, it was suggested that the SR 520 westbound on ramp be closed as well. This would route all westbound on ramp access for the Points Communities to Bellevue Way. Julie Meredith indicated during the discussions that the 841h loop on ramp was off the table (not an item to be considered), and that she would convey the sentiments of the Mayors and discuss the options with the Governor and get back to the Mayors. Her response is expected next week. MEDINA COUNCIL OPTIONS FOR CONSIDERATION AT THIS TIME: 1. Endorse the 841h Ave NE & Points Drive signalized intersection with the fly -over on ramp; or 2. Endorse the 841h Ave NE & Points Drive roundabout design with the fly -over on ramp; and 3. Endorse the 84th bridge closure for 15 months and the temporary frontage road access to Hunts Point and the westbound freeway on ramp access with mitigation (recently endorsed by Hunts Point Town Council including potential closure of the westbound freeway on ramp if necessary); or 4. Maintain the 841h bridge access during the new lid construction that will add 9 months to the current 22 month construction schedule; or 5. Retain the original half -diamond freeway on ramp that maintains the 84th bridge access during the new lid construction, and retains the 4 leg intersection design for 84th Ave NE & Points Drive; or 6. A modified combination of the above; or 7. Wait for the response from Julie Meredith's discussion with the Governor Attachment(s): 1. ECC Proposal Preliminary Design Drawings Budget/Fiscal Imaact: None Staff Recommendation: Wait for a response from the Governor City Manager Approval: Proposed Council Motion: 19 m 0 2 w F- \ ;x- += ,X 1 G En 0 UZ U g 1�7 1 § ■ � %a)0 .: f /■« » )kq\ |e IL kj\ *\g2 PP,P i 2= z| §t 0, t 2 O E 0 O \ .0 � R / co a � f\� \)i � . LO /{2- k 2®k m »f'0® ) §k f2ƒ§ } � FV\ m 0 2 w m 0 i W F N 3�pppp a Y O P u a ? c T 6 O m m m w e v m a O a c a 0 0 d' o K. o R' c LL C U W a m 0 N wf N C O C C m L m N T •• N � � 2 O � L L a gg o cm `0 0 0 n G Ti u U 0 0 0 a 0 _ £ U U U U m W a 'ma a P! W CC7 C£7 U� L W L W W t W 1 cr LL m W 0 N O 0 L 0 N O 0 L G U U C C 11 Medina City Council Regular Meeting ITEM OB-6 Monday, March 14, 2011 AGENDA BILL Subject: Monthly Postcard Mailing Category: ❑ Consent El Ordinance ❑ Public Hearing g ❑ City Council Business ❑ Resolution ® Other -Discussion Prepared By: Rachel Baker, Central Services Summary: During the February 15 City Council meeting, Council took action for implementation of a modest, half sheet- sized monthly postcard direct mailing to Medina residents. The general direction was for the postcard to contain Council's action summary from the previous month's meeting, anticipated agenda items for the next month's meeting, brief callouts regarding significant items of news and interest within the City, upcoming public meeting dates, and hyperlinks directing readers to the City's website for further, detailed information. The first postcard mailing is planned to occur during March. A draft sample will be distributed during the March Council meeting for discussion to ensure it captures the intent of the Council The mailings are planned to continue once per month during 2011 as a supplemental method to communicate with citizens, to encourage residents to become more accustomed to gaining information available on the City's website, and to increase the City's subscription base of its E- Notice program. Attachments: 1. None. Budget/Fiscal Impact: Item for discussion only. Staff Recommendation: n/a City Manager Approval: n/a Proposed Council Motion: n/a ITEM OB-7 `,fir otJNfp�y9 MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm, unless noticed otherwise. Business 2011 Council Retreat and Meeting Schedule Mayor Options to be considered 2/15. _Other Other Business 2011 Draft Legislative Agenda Hanson Approved. Other Business 2011 Council Committee Assignments Mayor Completed. Other Business 2011 Regional Committee Assignments Mayor Completed. Other Business 2011 Planning Commission Work Plan Grumbach Amended work plan approved. Other Business 2011 Budget Discussion Hanson, Adams Discussion. Direction to amend 2011 Budget. Other Business Approval of Change Order No. 3; City Hall Project Willis Approved. Consent Agenda Call for Bids: NE 12 St & Lk WA Blvd Improve. Proj. Willis Approved. Consent Agenda Approval of Snohomish County Jail Contract Yourkoski Approved. Consent Agenda Ordinance Adopting 2009 Energy Code Grumbach Adopted Ordinance No. 870. Executive Session RCW 42.30.110 (1)(i) Disend Completed. Executive Session RCW 42.30.110 (1)(g) Disend Completed. Executive Session RCW 42.30.110 (1)(i) Disend Completed. Presentation King County Metro Service Changes Jack Whisner Completed. Consent Agenda 2010 Financial Year End Report Adams Moved to March Consent Agenda Consent Agenda Public Safety Testing Agreement Yourkoski Approved. Consent Agenda JAG Contract Amendment Yourkoski Approved. Consent Agenda Construction Manager Contract Amendment Willis Approved. Consent Agenda City Hall Architectural Services Agreement Willis Approved. Consent Agenda ARCH 2O11 Budget and Work Plan Hanson Approved. Consent Agenda Receipt of Part 150 Study Report Hanson Receipt Acknowledged. Other Business 2011 Park Board Work Plan Willis Approved. Other Business 2011 Budget Amendment Adams Ordinance No. 871 Adopted. Other Business Interlocal Agreement with City of Clyde Hill for 84 Ave NE Street Improvements Willis Approved. Other Business Consultant Agreement for SR 520 Project Willis Approved. Other Business Discussion of SR 520 Public Access Options Willis Completed. Other Business City Attorney Services Agreement/2011 Fee Structure Hanson Approved. Other Business Newsletter Communication Costs Baker Completed. Executive Session RCW 42.30.110 (1)(b) Disend Completed. Executive Session RCW 42.30.110 (1)(i) Disend Completed. ITEM OB-7 ter °f �aE°�y 9. MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm, unless noticed otherwise. Presentation King County Council Member Jane Hague Jane Hague Consent Agenda 2010 Financial Year End Report Adams Consent Agenda Contract Award: NE 12 St & Lk WA Blvd Improve. Proj, Willis Other Business Approval of Medina City Hall Change Orders Willis Other Business Approval of Office Furniture for Medina City Hall Willis Other Business Wireless Communications Facility Lease for Fairweather Nature Preserve Grumbach Other Business State Route 520 Fly -Over Ramp Status Willis Other Business City Hall Construction Change Orders Willis Other Business WSDOT Right of Entry at Fairweather Nature Preserve Willis Other Business Monthly Postcard Sample Discussion Baker Discussion City Council Goals and Strategies Discussion Communication Strategy Other Business City Council Rules, Council Committees Other Business Advisory Board Applicant/Membership Requirements Other Business Proposed 2011 Budget Amendment B Ordinance Adams Other Business Hearing Examiner Contract Other Business Zoning Code Ordinance Briefing Other Business Shoreline Update Other Business Appointments to Planning Commission Positions 2,4 Other Business Appointments to Civil Service Commission Position 1 Other Business Appointments to Park Board Positions 2, 5 Public Hearing Six Year CIP/TIP (2012-2017) Public Hearing Comprehensive Plan Amendment for Streetscapes Other Business Adoption of Six -Year CIP/TIP and Resolution Other Business Comprehensive Plan Amendment for Streetscapes ITEM OB-7 f of MEpi `~ MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm, unless noticed otherwise. Other Business 2012 Draft Preliminary Annual Budget Other Business 2012 Franchise Fees Other Business 2012 Utility Fees Other Business 2012 Franchise Fees Other Business 2012 Utility Fees Public Hearing 2012 Property Tax Levy Public Hearing Shoreline Master Plan Other Business Adoption of Property Tax Levy Resolution Public Hearing 2012 Annual Budget and Salary Schedule Public Hearing 2012 Annual Budget and Salary Schedule Adoption of 2012 Annual Budget and Annual Budget and Other Business Salary Schedule Ordinance Other Business City Manager Employment Agreement