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
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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
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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
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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.
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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
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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.
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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
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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.
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"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.
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• "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.
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• "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
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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
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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
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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
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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.
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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
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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.
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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,
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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
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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
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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);
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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
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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.
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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:
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(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.
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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
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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").
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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
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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
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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.
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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
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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.
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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:
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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
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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
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`~ 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