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RESOLUTION

R-5318

A RESOLUTION

OF

THE

CITY

COUNCIL

OF

THE

CITY

OF

KIRKLAND

TO

ENTER

INTO

A MEMORANDUM

OF

UNDERSTANDING

WITH

THE

CITY

OF

REDMOND,

CITY

OF

BELLEVUE

AND

KING

COUNTY

TO

PURSUE

A

FEASIBILITY

STUDY

TO

EXPLORE

A

REGIONAL

APPROACH

TO

BUILDING

AN

AQUATIC

FACILITY(IES)

FOR THESE

COMMUNITIES.

WHEREAS,

research

indicates

that

swimming

is

an

activity

that

provides

considerable

individual

and

community

benefits;

improves

general

health

and

wellness;

can

be

continued

for

a

lifetime;

allows

those

who

are

unable

to

walk

or

run

the

opportunity

for

exercise;

fills

a

recreational

need

for

both

individuals

and

families

across

all

economic

and

social

strata;

and

improves

community

safety

by

enhancing

water

safety

for

our

children;

and

WHEREAS,

aquatic

facilities

have

been

an

essential

part

of

the

Kirkland

community

and

culture

for

50

years,

beginning

with

construction

of

Peter

Kirk

Pool

in

1968,

followed

in

1971

with

the

construction

of

the

Juanita

Aquatic

Center

at

Juanita

High

School;

and

WHEREAS,

since

2001,

the

City

of

Kirkland

("City")

Comprehensive

Park,

Recreation,

and

Open

Space

("PROS")

Plan

identified

the

need

for

more

multi-use

aquatic

and

recreation

space

in

the

community;

and

WHEREAS,

the

2007

Kirkland

Indoor

Recreation

Feasibility

Study

prepared

described

a prototype

multi-use

recreation

center

which

could

respond

to

community

needs

and

interests,

including

an

aquatic

facility

component;

and

WHEREAS,

according

to

the

standards

of the

National

Recreation

and

Parks

Association,

the

current

aquatic

facilities

in

Kirkland

do

not

meet

local

needs;

and

WHEREAS,

Kirkland

lacks

aquatic

facilities

to

more

broadly

serve

its

general

population,

especially

in

comparison

with

national

statistics

and

trends,

and

WHEREAS,

the

City

recognizes

the

critical

importance

of

aquatic

and

recreation

programs

and

facilities

to

the

social,

health,

and

economic

well-being

of

the

community

helping

make

Kirkland

an

attractive

and

desirable

place

to

live,

work,

play

and

visit;

and

WHEREAS,

the

cities

of

Kirkland,

Redmond,

Bellevue

and

King

County

have

individually

completed

a

needs

assessment

and

market

analysis

of aquatic

facilities

for

their

individual

cities

and

county;

and

WHEREAS,

representatives

of the

four

entities

have

met

multiple

times

since

2016

to

explore

opportunities

to

collectively

develop

public

aquatic

facilities

which

address

public

health,

safety,

and

recreational

needs

within

each

party's

jurisdictions;

and

R-5318

45

WHEREAS,

code

cities

organized

under

Chapter

35A

RCW,

have

46

the

powers

and

authority

afforded

a

municipal

corporation

under

47

Washington

state

law

to

cooperate

with

other

governmental

agencies,

48

counties

or

cities

to

acquire,

finance,

improve,

and

use

land

or other

49

property

for

civic

purposes,

and

50

51

WHEREAS,

the

2017/2018

King

County

Adopted

Budget

includes

52

Two

Million

Dollars

($2,000,000)

in

King

County

Youth

and

Amateur

53

Sports

Facilities

of

anticipated

bond

funding

to

support

a capital

project

54

for

a regional

aquatic

facility

serving

the

community

on

the east

side

of

55

Lake

Washington.

56

57

NOW,

THEREFORE,

be

it resolved

by

the

City

Council

of

the

City

58

of

Kirkland

as

follows:

59

so

Section

1.

The

City

Manager

is

authorized

and

directed

to

61

implement

steps

necessary

to

achieve

these

tasks.

62

63

Section

2.

The

City

Manager

is

hereby

authorized

and

directed

64

to sign

a

memorandum

of

understanding

to

memorialize

the

City

of

65

Kirkland's

intent

to

work

cooperatively

with

the

City

of

Redmond,

City

66

of

Bellevue

and

King

County and

contribute

fifteen

thousand

dollars

67

($15,000)

to

pursue

a joint

feasibility

study

to

explore the

potential

of

a

68

regional

approach

to

constructing

aquatic

facilities

to

meet

the

69

expressed

community

needs.

70

71

Passed by

majority

vote

of

the

Kirkland

City

Council

in

open

72

meeting

this

15th

day

of

May,

2018.

73

7-i

Signed

in

authentication

thereof

this

15th

day

of

May,

2018.

JayWrSbld,

Deputy

Mayor

Attest:

KathrAndeTso'n,

City

Clerk

between

KING COUNTY

and the cities of

BELLEVUE, KIRKLAND, and REDMOND

This Memorandum of Understanding (“MOU”) is made by and between King County, a home

rule charter county, through the Parks and Recreation Division of its Department of Natural

Resources and Parks (“County”),

and the Cities of Bellevue (“Bellevue”), Kirkland

(“Kirkland”), and Redmond (“Redmond”), each a municipal corporation in Washington state, to

specify the terms and conditions under which the County and the cities (hereinafter, the

“Parties”) will cooperate to improve the state of aquatic facilities and opportunities in King

County, Washington.

RECITALS

WHEREAS, King County, Washington possesses significant inland and coastal water resources,

including 100 miles of marine shoreline, 760 lakes and reservoirs, and 975 wetlands; and

WHEREAS, drowning is the second leading cause of unintentional death for youth (age 1-17) in

the state and represents a public health issue that demands attention and commitment of civic

resources; and

WHEREAS, swimming instruction is associated with an 88 percent reduction in drowning of

children according to a 2009 study published in the Archives of Pediatrics and Adolescent

Medicine (Brennar, R. et al., Association between swimming lessons and drowning in childhood:

A case-control study. 163(3): 203-210); and

WHEREAS, the American Academy of Pediatrics recommends all children over six should learn

to swim (Saluja, G. (2006). Swimming Pool Drownings among US Residents Aged 5-24 years:

Understanding Racial Disparities. American Journal of Public Health); and

WHEREAS, the cities of Kirkland, Redmond and Bellevue have individually completed a needs

assessment and market analysis of aquatics for their individual cities; and

WHEREAS, representatives of the Parties have met multiple times since 2016 specifically to

explore opportunities to collectively develop public aquatic facilities which address public health,

safety, and recreational needs within each party’s constituencies; and

WHEREAS, the Revised Code of Washington (RCW) 36.01.010, state statute authorizes the

County to make such contracts as may be necessary to the exercise of its corporate or

administrative powers, and King County Charter Article 1, Section 120, authorizes the County, in

the exercise of its powers and the performance of its functions and services, to agree by contract

to cooperate with any one or more other governments, and to share the responsibilities of such

powers, functions, and services; and

WHEREAS, code cities organized under RCW Title 35A, have the powers and authority afforded

a municipal corporation under Washington state law to cooperate with other governmental

R-5318

2018 – Memorandum of Understanding

King County, Bellevue, Kirkland, Redmond

Public Aquatic Facility Development

Page 2 of 7

agencies, counties or cities to acquire, finance, improve, and use land or other property for civic

purposes; and

WHEREAS, the 2017/2018 Adopted King County Adopted Budget includes Two Million Dollars

($2,000,000) in King County Youth and Amateur Sports Facilities of anticipated bond funding to

support a capital project for a regional aquatics facility serving the community on the east side of

Lake Washington;

NOW THEREFORE, the Parties desire to memorialize their intent to work cooperatively with

respect to the following:

The Parties are engaged in an ongoing, forward-looking dialogue

to address the unmet need for public recreational aquatic facilities (“public aquatics”) in the

northeast region of King County. This MOU provides summary of these discussions to date,

and identifies the Parties’ key commitments toward a shared goal of improving the current

state of public aquatics:

1) Each party shall complete a preliminary assessment identifying suitable sites

within their jurisdictions for both regional and local public aquatics.

2) Parties agree to then cooperate and share all pertinent information relevant to

public aquatics, including prior needs assessments and market analyses.

3) King County shall be responsible for engaging a consultant to develop a public

aquatics assessment (the “Feasibility Study”), to include:

o

analysis of each party’s individual public aquatics need,

o

identifying potential synergies, cost-sharing opportunities,

o

creating an evaluation framework for site selection (for example: travel time,

population density, demographics, etc.),

o

capital cost estimates for one (1) regional facility and up to three (3) local

facilities, and

o

financing recommendations.

4) Deliver the Feasibility Study to the elected officials of each party to determine a

future course of action.

Each party agrees to contribute Fifteen Thousand

Dollars ($15,000) for the sole purpose of developing the Feasibility Study

contemplated in this MOU. The Parties shall timely remit funds upon request by

King County.

The term of this MOU shall commence on the date it is fully executed by the Parties,

and shall expire one-hundred-twenty (120) days following the completion of the Feasibility

Study.

R-5318

2018 – Memorandum of Understanding

King County, Bellevue, Kirkland, Redmond

Public Aquatic Facility Development

Page 3 of 7

As between the Parties, all communication, notices, coordination and

other aspects of this MOU shall be managed by each party’s designee, currently the

following individuals:

King County

Parks and Recreation Division

Jessica Emerson, Section Manager

201 S. Jackson Street, Suite 700

Seattle, WA 98104-3855

207-477-4563

jessica.emerson@kingcounty.gov

City of Bellevue

Parks & Community Services

Patrick Foran, Director

450 110

th

Avenue NE

Bellevue, WA 980004

425.452.5377

pforan@bellevuewa.gov

City of Kirkland

Parks and Community Services

Lynn Zwaagstra, Director

123 5

th

Avenue

Kirkland, WA 98033

425.587.3301

lynnz@kirklandwa.gov

City of Redmond

Parks and Recreation

Maxine Whattam, Director

15670 NE 85

th

Street

Redmond, WA 98052

425.556.2310

mwhattam@redmond.gov

The Parties, by and through their undersigned representatives,

understand, acknowledge and agree that this MOU creates an agreement to continue to plan

in good faith through the end of the Term, PROVIDED that this MOU does not preclude any

party pursuing other opportunities or partnerships simultaneously and the Parties also

understand, acknowledge and agree that this MOU creates no other legal right, obligation or

cause of action, and the Parties expressly agree that this MOU does not bind or otherwise

require the Parties to authorize or to execute an agreement to develop public aquatics

infrastructure. Nothing in this MOU shall create any legal right, obligation or cause of action

in any person or entity not a party to it.

This agreement may be signed in any number of counterparts, each of which is

an original, and all of which taken together constitute one single document.

IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding.

[ SIGNATURE PAGES FOLLOWS ]

R-5318

2018 – Memorandum of Understanding

King County, Bellevue, Kirkland, Redmond

Public Aquatic Facility Development

Page 4 of 7

Approved by:

KING COUNTY

_____________________________

Kevin R. Brown, Director

Parks and Recreation Division

_____________________________

Date

R-5318

2018 – Memorandum of Understanding

King County, Bellevue, Kirkland, Redmond

Public Aquatic Facility Development

Page 5 of 7

Approved by:

CITY OF BELLEVUE

_____________________________

Brad Miyake, City Manager

City of Bellevue

_____________________________

Date

R-5318

2018 – Memorandum of Understanding

King County, Bellevue, Kirkland, Redmond

Public Aquatic Facility Development

Page 6 of 7

Approved by:

CITY OF REDMOND

_____________________________

John Marchione, Mayor

City of Redmond

_____________________________

Date

R-5318

2018 – Memorandum of Understanding

King County, Bellevue, Kirkland, Redmond

Public Aquatic Facility Development

Page 7 of 7

Approved by:

CITY OF KIRKLAND

_____________________________

Amy Walen, Mayor

City of Kirkland

_____________________________

Date

R-5318