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HomeMy WebLinkAbout2005.02.28 Council Workshop Packet AGENDA PASCO CITY COUNCIL_ Workshop Meeting 7x00 p.m. February 28, 2005 L CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERSa 3. ITEMS FOR D1SCUSSIONo (a) Tri-Cities Visitor Ss Convention Bureau_ (NO WRITTEN MATERIAL. ON AGENDA). Presentation by: Kris Watkins, President and CEO Tri-Cities Visitor and Convention Bureau. (b) Code Amendm¢nb Expansion of Uses Permitted in the "O" OtTce District (MF 0US23- CA)e 1 . Agenda Report from Jeff Adams, Associate City Player dated February 23, 2005. 2. Correspondence from Michael Davidson on bebalf of Paul Hilliard. 3. Correspondence £rom Michael Davidson on behalf of the Jury Box Cal'@. (c) sylv¢ster Street Stripina: 1 . Agenda Report from Robert J. Alberts, Public Works Director dated February 23, 2005. (d) Utility Ov¢raming Agreement Tor East Road 40 with Sonora" Paclnc Resources, LLP: 1 . Agenda Report S-om Robert J. Alberts, Public Works Director dated February 23, 2005. 2. Proposed Agreement. (e) Int¢rlocal Agreement with Fraaktln County for a Grand 01¢ 4`s C¢l¢bration: 1 . Agenda Report £rom Gary Crutchfield. City Manager dated February 25, 2005. 2. Grand Olc 4t° Celebration Agenda Report, dated January 13, 2005. 3. Proposed Agreement. 4_ OTHER ITEMS FOR DISCUSSION: (a) (b) (c) S. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT_ REMINDERS: 1 . 12:00 p.m., Monday, February 28, Red Lion Hotel — Chamber of Commerce General Membership Meeting ("Economic Development m the Tri-Cities" presented by Carl Adrian, President, TRIDEC) 2. 4:00 p.m., Monday, February 28, Port of Benton — Hanford Area Economic Investment Fund Board Meeting. (COUNCILMEMBER MATT WAT S) 3. 12:00 p.m., Wednesday, March 2, 1135 E. Hillsboro St. #B — Franklin County Mosquito Control District Et affi Meeting (COUNCILMEMBER JOE JACKSON) 4. 9:00 a Thursday, March 3, 1800 Road 72 — Pasco High School's FCCLA Conference. (MAYOR MIKE GARRISON) 5. 5:30 p.m., Thursday, March 3, Parks Bc Rec. Classroom — Parks 8z Recreation Advisory Council Meeting (COUNCILMEMBER REBECCA FRANCIIC) AGENDA REPORT NO_ 14 FOR. City Council Date : 2 / 23/ 05 TOv Gary Crutchfi 1 t Manager Workshop. 2 / 28/ 05 Richard J . Sm Director Regular: Community 85 conomic Development David McDonald, City Planner ,/) FROM: Je£F Adams, Associate City 8UBJECT Code Amendment: Expansion Uses Permitted in the °O° Office District (M F# 05-23-CA) I_ REFERENCEI81- A_ Correspondence from Michael Davidson, on behalf of Paul Hilliard. B_ Correspondence from Michael Davidson on behalf o£ the Jury Sox Cafe. II_ ACTION REQUESTED OF COUNCIL/STAFF AECOMMENDATIONSv Review and Discussion III_ FISCAL IMPACT None ZV. IIIBTORY AND FACTS Ii RIFF: A. Michael Davidson, representing the Jury Box Cafe ( 1310 N 5th) and - Paul Hilliard (o r o{ an o{£ace at 1412 North 5�h) recently sought City approval £ore the location o{ a retail copy center in Mr. Hilliard's ofTice building and beer/ wine sales in the Jury Box Cafe. B . Both requests were denied by staff. Incidental or ancillary activities associated with offices are, by PMC 25 .41 .030, to serve occupants and patrons of the o££aces_ A retail copy center open and available to other than tenants/ patrons is not permitted in an Office °O^ Likewise a cafe open and available to other than t Hants/ patrons of pe mitred in an O{£ace °O° zone. The Jury Box Ca£c i operating a on conforming use and therefore is not eligible for a liquor license . n Davidson responded to the denial o£ his requests by submitting letters seeking amendment to the Oft£ce District zone that would accommodate the desired uses. V_ DISCV88ION• A. Paul Hilliard produces and schedules educational seminars £or anesthesiologists from his office at 1412 North Su_ Mr. Hilliard's seminars are conducted throughout the country. As a part of an expansion £or his office, to accommodate his growing business, Mr. Hilliard planned to incorpo ate a copy center to pr nt r materials and provide service torthe general public. While ae printing service designed to serve an office within an office district is permitted accessory uses it cannot (per PMC 25.41 .030) provide service to the general public . For this reason staf{ could not approve Mr. Hilliard's request. B . The requesC of beer/wine sales at the Jury Box Cafe i somewhat ore complicated than Che expansion of Mr. Hilliard's office . While food serviv'es are clearly aa1 incidental use an an OfEce District the 3 ( b� Jury Box actually serves more than patrons to the otf ce building in which it is housed. City staff inadvertently deemed the food service a within the n w Davidson Law oiTCC [o be a permitted use. Upon submittal of a liquor license it w s learned that the food service area of the law offices was intended to serve the general public. The cafe w s then deemed to be a non-conformivag use and the liquor license was denied. C. The Of£ace District was established to provide areas For the location of professional and administrative of£aces and complementary uses. Furthermore, The general intent of the O££ce District was to s a buffer transition between residential districts nd commercial districts. The Office District is able to serve asaan appropriate buF£er between commercial and residential zones because o£GCe u s are considerably less dynamic than commercial uses. Of£aces are typically open from 8 :00 am fo 5:00 pm and are closed during evenings nd on weekends, whereas commercial businesses are often open in the evening and during the weekends. O££aces therefore do of create the ntensity of activity nd otion (traffic, noise, night lighting, etc) that are associated with commercial uses. D. Opening up the Office District to a wider range of land uses may undermine the purpose and intent for which the Office District was established_ General retail services separate and distinct from of£ce uses could i rease traffic and congestion, increase noise, ncrease night lighting, create gla litter and gc al commotion. This turn would create mpatibility issues efor sidential property owners where of£ce districts are adjacent to residential areas. E. The City Council is not obligated to amend the cipal code simply because a request has been made to dou so. Council essentially has three options, as follows: a. The Council could , after one or more workshops, hold a public hearing to consider amending the regulations; b. The Planning Commission could be vnstnicted to study the atter and hold a hearing; o c. The Council could determine that no changes are needed and take no action on the matter_ F. In this case there are c mpellirvg reasons (as discussed above) why the requested code amendment should not be considered_ Staff recommends the City Council determine no changes a needed in the O££ce district regulations and therefore deny the request for a code amendment G. Michael Davidson the attorney for the petitioners will address the Council at the workshop and be available to answer any questions. EXHI Qi'1' A 1 I RECEIVED Davidson Law Center, Izzc. JAN 2 7 2004 LJ/0 oh uh rp. A..ense euuuorary unrtnnuena ryrp3a�/J. n..v/.sso,,. n.m.,.ey Pnscu. WA v m David A.JmB<usev. A«o�nry e/phone (50V 544-0724 - /•�_ r5n� 544-a725 "A REGULA/4 AM" CERZ'!P/EU AL1/L M7002 0860 00043141 2532 January 26, 2005 Richard J. Smirk Community 8 Lconom;c Uevolotaucnt P.O. Box 293 Posen, WA 99301 Re: Paid Ililliard 1412 N. 5il Petition for Zone Change l'rat Amendment. f3car Mr. Smith Pursuant to PMC 25.88.20, 1 aun petitioning on behalf of nnY efient ]'out I liihard turn z chvtgdtext arnendon ad which will allow bill, to "Peron, a retail copy venter in his business loclled at 1412 N. 51^ Avenue tin Pas o, Wnshington. As per correspondence 1 received from the City of Paeeo dated January b, 20U5, the City advised Ihat a retail early center is not a permitted use in all office °O" zoning district (C jay enc/used) Mr. Hillard is requesting that tine definition of once °O° zoning be rionjuled to allow fetxll sales of copy services as incidental sales to occupants and patrons or Mr. flillanl's business in an office zone. I son requesting that the City Council w verse an open record hearing on reclassineldiu l, It alternatively. 1. mu requesting a text amendment ent i t the applicable zoning pa"Visivil to Occuoullodafts Mr. Hiliiard's request. As you are aware, Mr. I liilard is N. Sn and is submitting this request Pursuant to I-MC 25.88.020 (1)(c) and or (2)(c)-n ner of 141 2 EXHIBIT B RECEIVED . JAN 2 7 2004 caurlhax w urvrmrur x r De rr Davidson I_avl Center, Inc. 1310 Natter Fifth Avenue A i,ba,l J. /Jaw tan, Aemrury Pasco. WA 99301 David A.Jogeu.en, Axnruey ]'Neybone:(roof 540.0724 Fax: (509) 544.0325 VJA REGULAR AND CFRTJFl6D AfAJL 07002 0860 0004 3141 2549 lanunry 26, 2005 Itichard 1. Smith Couurhuttily . hcunonhic Develupumnl P.O. /lox 293 Pasco, WA 99301 lie: Jury Moe CurE 13 10 Norllt 5°i Petition for Zunc Changdl'ext Amendment Dear Mr. Smith, Pursuant to I'MC 25.88.020. 1 ant petitioning of behalfof my client, Jury BOX Card Inc., Far a c change/lexl alnemhneat which will allow retail beer/wine sales at are referenced Ir.cafion as loud service" and "incidental sales'- in an °O" office zone. As per eosrespondence I received from the City dated July 23, 20434 and August 6, 2004, the City has advised that it aPPOSCS retail Itter/wine sales in an °O" OFfic nn nddet. !c,,.e enclosed)b 1 a e a siting that the definition of Office •'O" zoning ry remanded to hick allow is sales of bice "( lie ea Incidental sales to occupants 72nd patrons) of rROx a sub, cth to is IncateJ in the Office °O" zone. The final approval f- such sales weuld of course be subject n. approval/licensing ng hY the Washington State Liquor Hoard. I alit requesting that the City Council convene an open record hearing on reclassification or altemalively. 1 alit requesting a text amendment is the applicable zoning pruvi aon to accommodate the request. for beer/wane sales. As yon are aware, my wife Suzanne and 1 are property owners of 1310 N. Sa' Avenue and we are submitting this request pursuant to Ph4C 25.88.020 (I)(c) and or (2)(c). EXHIBIT B Jam,ary 26. 2005 rasa 2 ur2 t would nPl,rcclatc s word rron, you II td . r ate city council .via,u, 1 o clays •,r this ante- 'I'bank you ror yu,tr coasidcratioa or Illy request. Sillccrdy, I,.lichnel J- Unvidsun MJO/nvn cc. I .ec Keir cinry crutchficld Michael OarrisoIl AGENDA REPORT NO- 05 FOR: City Couucil February 23, 2005 TO: Gary Crutch auag¢r Workshop Mtg: February 28, 2005 FROM: Rob¢rt J_ Alb yTtW:F Works Dir¢ctor SUBJECT: Sylvester Str¢et Striping I. AEFF.RENCL- !SY II. ACTION I2EOUESTED OF COTTNCIL/STAFF I2ECOMMENDATIONS - 02128: Discussion Ill. FTSCAL IMPACT: TV. HISTORY AND FACTS BRIEF. Tn the 2005 budget, Bands are included £or o erlaying Sylvester Street from Road 32 to Road 54. With the resurfacing o£ Sylvester Street comes the opportunity to estripe Sylvester Street at the current c nHguration of a 4-hut ad o r as a 3-lane read with bicycle and pedestrian paths on both sides. Staff had the Transpo Group analyze the traffic and safety issues fror a 3-lane striped street. The purpose o£ this stall- report is to get direction tton Council to see if there is any haLerest ivi Yestripoiag Sylvester Street to a 3-1a ad s etion. If so, staff ould r mend scheduling the Transpo Group to make a presentation to City Council I£ there is no interest, we will restripe to the existing configuration. At this point t time, there has been no outreach with the residents as preferences aad recommeadations on how Sylvester Street should be striped. This would be done following any presentations to the City Council. V. ADMIN]STRATTVF_ ROUTING Pr jeer File 3(c� AGENDA REPORT NO. 04 FOR: City Council 4't*� February 23, 2005 cht] Manag¢r Workshop Mtg: February 2S, 2005 Regular Mtg: March 7, 2005 FROM: Rob¢rt .i_ Alb¢rtQHi.¢ Works Dir¢ctor SUBJECT: Utility Ov¢rsiz'ng Agreement for East Road 40 with Sonoran Pacific I2¢sourc¢a, LLP. I. RL- FERENCEtSI: 1 . Proposed Agreement It- ACTION REOUES"fED OF C:O1_iNC1L/S'£AFF RECOMMENDATIONS: 02/28: Diacusaiou 03/07: MOTION: I at e to approve the Utility O rsizirtg Agreement with Sonoran Pacific Resources, LLP, for the c astruction of a s r pipeline and reconstruction cf East Road 40 not to exceed $288,000 and, further, to authorize the Mayor to sign the Agreement ' III.. FISCAL IMPACT: Sewer Fund: Not to exceed $288,000- IV. I-IISTORY AND FACTS BRIEF: On January S, 2004, the Pasco City Council passed Resolution No. 2786 approving the preliminary plat for Terra Vita subdivision and the conditions for the approval. A condition of the plat is the construction of Ott-site s nitary sewer lines to cotm¢et to the City's system. Two options w wad with the preferred option beiag extendiag the existing r pipeline in East ]Ft ad 40 to "A" Street. A 21 -inch s r pipeline is neeaeU to service the entire area including the SR- 12/Lewis Street interchange area. Since the subdivision only needs a 12-inch pipeline, this agr¢etnent pays for the oversizing to 21 -inches. Since East Road 40, a substandard road, would be mpacted by the construction of the sewer pipeline, it would also be beneficial to the City t0 include reconstruction Of East Road 40 as part of this project. The City will reiratanse the Developer, Sonoran Pacific Resources, LLP, upon mpletion or construction too a the s r pipeline i uat not to exceed $ 163,000. The City will also reimburse the Developer upon completion Of ¢construction of East Road 40 the am a o£ $ 125,000. Total r mbursemat upon completion, inspection and acceptance by the City will be n an amount not to exceed $288,000. Sta£f recommends approval crthe Utility Oversizing Agreement with Sonoran Pacific Resources, LLP- V. ADMINISTRATIVE ROUTING protect File 3CdII Rotor" Ftytuwtivd CITV OP PASCO Aun: Engineering Department 525 North 3rd Pasco WA 99301 UTILITY OVERSIZING AfsREEMENT HY AGREEMENT dated this day cF Februa.ry 2005, the City b£ Pasco, Washington, a Municipal Corporation, here naRer .re£erred ' to as "City " atad Sonoran Pacific Resources, LLP, an Arizona Limited Liability'Partnership, hereina ler referred to as "Developer " enter into the Following.;Agreement. WHEREAS, a ondition For. approval:,o£ the preliminary plat of Terra Vita Subdivision, the City has 8equired the censtructioii FofBsite:saahary sew¢rs to cermect the subdrvasaon with the exastangsewers in East Road 40; at}}d'` WHEREAS; it is detera med to be beneficial to the City to c tastruct the s o ewer capacities beyond that necessacy,to sgrve the plat so as m efficiently accommodate future developments beyond the bmmdaries 4Sfithe plat; and WHEREAS, Road 40 is a. substandard road which will be impacted by the ermstrticticr& of the sewer pipel ¢ and it is det¢rmined to be beneTicial to the City to have East Road'40 reconst t dl., s a phrt of this project; and WIIEAEAS, the Developer is willing to oversize the sewer pipeline and reconstruct East Road 40 for reim1mrsemeat eF these additional costs, NOW, "l'HEREFORE, IN CONSIDERATION of the mutual c ants contained herein and other aluable c onsideration, the smTreietacy of which is hereby acknowledged, it is agreed as Follows: SECTION 1 SEWER LINE CONSTRUCTION FOR ADDITIONAL CAPACITY The Developer shall, at his sole expense, pay all costs ofdcsigrting, engineering and Utility Ovor simina Agrc City or Pasco/Sonoran PaciFC Aesources - I constructing of a 21 " sewer main from its existing terminus in the manhole at East Road 40, approximately 4,000 lineal feet to its point of connection with the Terra Vita Subdivision. All c nstruction shall be done to City stndards in ccordnce with the plans and specif cations as approved by the City's Public Works D ieetor. SECTION II REIMBURSEMENT FOR ADDITIONAL CAPACITY The City shall reimburse Davelr per for the dif£ereace_iti the actual cost of the onstruction of the sewer pipeline, that difference between the'-.construction costs of a 12" sewer line necessary for the service ofthe plat which, for the pui+ppse of this Agreement, is established at ONE HUNDRED EIPTY THOiJs?a D61LL S and 00/100 ($ 150,000.00), nd the cost of instal ling a 21 " s wer line-to provide the access capacity as requ red by tfie City. "1'he reimbursement amountsball be determined by solicitation by the Developer for construction bids of the 21 " s r pipeline to be constructed to City standards, wbicb bids shall be jointly evaluated 7 by the City -and the Dorval par. The socccssri l bidder shall be a bidder qualified for pablie works construction under the standards required by YMC 1410 The.. C+ty shall r mb: rgexihe Developer the difference between the accepted bid price and the ,base price cf .'QNE HUNDRED F1Y'"1'Y "THOUSAND DOLLARS and 00/100 ($150,000:00), howev - event sM1all the total amou nt ofreimbursement by the City to the Developer far-.additional sewer capacity exceed ONE HUNDRED SIXTY THREE THOUSAND DOLLARS and 00/300 ($ 163,000.00). Payments shall be made withiicth rty (30) days of invoice upon completion, inspection and acceptance by the City Upon acceptane , all improvements shall become the property of the City. Acceptance oEpayment shall not constitute a waiver of any warranty of timess or cc�mpliance with the C+ty'r specific m16"-s bythe Developer_ All inspections and acceptnce of all improvements shall be .processed with due diligence by the City so as not to unreasonably delay reimbwsement to the Developer. The City shall waive the costs of inspection fees, including TV came w"rk and permits. SECTION III 'ROADWAY CONSTRUCT[ON The Developer shall pay all costs for reconstruction of East Road 40 for approximately 4,000 lineal feet toexisting grade covering that same area within which excvaticn for the nimry s provided Section I above nstructed. Construction shall be i accordance with the City's adopted standards and speeitications and shall consist o£ a 28-f6ot road bed (fiom edge of pavement to edge of pavemenQ, c�iasistiog oe 10 inches of crushed rock nd three inches of ACP asphalt, together with adjacent 2' gravel shoulders on either side ofthe improved roadway. All construction shall be done to City standards in accordance with the plans approved by the City's Public Works Director. Developer shall, during the recent period of construction for the improvements utility over s rs nsreement City or Pasco/Sonoran Pacific Resources - 2 provided herein, he entitled to block and/or close the road. SECTION IV REIMBURSEMENT OF STREET RECONSTRUCTION COSTS "nc� City shall reimburse the D¢v¢lop¢r for the reconstruction ofthat portiort o{East Road 40, the sum of ONE-HUNDRED TWENTY-FIVE THOUSAND DOLLARS and 00/10 (S ] 25,00000j Payments shall be made within thirty (30)0 days of invoice upon mpletion, inspection and acceptance by the City. Upon acceptance, all improvements shall become the property of the City_ Acceptance of payraeat,sball not constitute a waiver o{ any warranty of fitness o r mpliancc with the Ciry's_specifications by the Developer. All inspections and acceptance o{ all improvements shall' hc processed with due diligence by the City so as not to unreasonably delay reimburs @meat,fo the Ded¢loper. The City shall waive inspection and permit fees. SECTION';' TIME FOR PERFORMANCE - j . Devel Per shall, within nety C90j aays of the date of this Agreement, commence nstruction o{the improvements provided above._. Such imprrvemertts shall be completed and ailable for inspection by the Ctty no .rates--tbart _--180 days after the date o{ commencement. SECTION VI --.PURL.If. : WORKS COMPLIANCE Torbe extent the tmprcyemants cottstructed under the terms ofthis Agreement are {r the niclusive beric£at'o{ the CSiy,.Public Works Construction Standards a required by Titles 39 RP W, the Developgr shall provide compliance therewith including an Affidavit of Compliancco{ prevailing Wage as -required by RCW 39. 12.040. _ SECTION VII ' RELATIONSHIP OF PARTIES Subject m inspection for compliance with the pr ject specification S, the Dev¢7 per shall have full control o{the work to be performed under this Agreemert and the mariner o{ its per{rmance. Nothing herein shall be construed to create a joint venture, partnership, or agency relationship. Neither party shall represent or have authority to bind the other, nor will either party be responsible fur the acts, omissions, contracts or commitments of the other. SECTION VIII INDEMNIFICATION Utility over s ng Agreement City of Pasco/SOOOtan Pacific Resources - 3 Developer shall defend, indemnify and hold haanless the City £or any losses, claims,arisicacF action, damages o administrative fines or penalties, as a result o£ or ng out sof the Ciry's participation m this Agreement, a c¢pt as Co those acts or omissions, that are solely based upon the negligence of the City. SECTION 1X GENERAL PROVISIONS This Agre m nt and speciFcations referred to herein contai' r the entire Agre nt between the parties and carmot be changed or terminated except by written agreement by both parties. "Phis Agreement shall apply to and be binding;iipoii:all assigns and successors of both parties. For the purpose c,17 this Agreement, tinae.is £ thee . Should>a dispute arise concerning the enforcement, breach, or interpretation of this Agreement;=venue shall be placed in Frarticlin County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be granted against tta'- cotber, judgment for its reasonable attorney fees and costs. iN WITNESS WHEREOF, the parti¢s'bave executed this Agreement on the day and year first written above. CITY OF PASCO, WAS HTNGTON SONORAIV PACT FIC Rr.SOU KCES, LLP Michael L.- Garrison Jcrry D. Smith Mayor - President ATTEST- "' APPROVED AS "f0 FORM : Webster U. Jackson Leland B. Kerr City Clcrk City Attorney Utility Over sizing Agreement City of Pasco/Sonoran PsciPC Kesources - 4 STATE OF WASHINGTON � ss_ cnnnty n£ Frartkfin On this day personally appeared before m¢ MICHAEL L. GARRISON, Mayor o£ the City of Pasco, to ha known to be the individual described iu and who executed the within and foregoing instrument and acl4rvowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day,ef: :- , 2005. NOTARY PUBLIC irr a d,Tor the State of Washington Residing at: My Comm ssiorl Eizp es: STATE OF ARIZONA ss Couaty o{ Maricopa J On this day perspntdlly appeared before me IFR RY D. SMITH, President or Sonoran Pacific Resources, UL, -, to he known to be the individual described i n and who cuted the wIrxrut aitd Foregoing irtstr the us and acknowledged that he signed the saane as Nis free and voluntary acY:aad dee<3 £or the uses:and Purposes therein mentioned. GIVEN under my hauk! and offieial seal this day of-, 2005. NOTARY PUBLIC in and for the State o£ Arizona Residing at My Commission Expires: Utility over sizing Agreement City oPfasco/Sonoran Pnciflc Resources - 5 AGENDA KEYORT TO: City Council February 25, 2005 FROM: Gary Cru tchfa/Illp¢i(y Manager Workshop Mes- : 2/2g/OS 11 Regular Mtg.: 3/7/05 SUBJECT: Interincal Agreement with Franklin County for a Grand Ole 4`s Celebration I. KEFERENCE(5): 1 . Grand Ole 4°' Celebration Agenda Report, dated January 13, 2005 2. Proposed Agreement IT. AC'"PION REQUESTED OH' COUNCIL / STAFF RECOMMENDATIONSa 2/28: Discussion 3P1: MOTION : 1 e to approve the interlocal agreement with Franklin County for c - spcnisorship of the 2005 Grand Ole 44° Celebration and, further, autborize the Mayor to sign the agreement. iii_ FISG'AL 1MYACT: UP to $85,000 IV, HISTORY AND FAC"1'S "12IEF: A) The City Council discussed at its January 18 meeting the concept offered by Franklin County to expand the city' s Grand Ole 4 ' Celebration to a four-day event centered at TRAC. "I he staff report for the January 18 meeting is attached (tu refresh the background). _ B) The City Council approved a n n g n otio at the January 18 i eetin to approve 50% ost d sharing with Franklin County fur the expanded GranOle 4'° Celebration with m financial exposure o£ $85 .000 for the city (representing half of the estimated $ 170,000 working-capital requirement). in order to provide a clear understanding of xpectations and bow the funding would be dispersed, an nrterlueal agreement has been drafted for execution by both the city and the county. _ V_ DISCUSSZONa A) The interlecal agreement attempts to document the understanding of the city and enunty in entering jrro the -sponsorship of the expanded Gtnnd OIe 4i° Celebration. Essentially, the agreement provides that the cranny will be respcnsible for the nagement of the e m and will be responsible for r eipt n£ all r and making ofaall expenditures a iated with the a nt and to a - m £or both revenues agreement further provides that sthe my administrator and city ` t age will Be spc Bible to olv any administrative dispute that might a n there utinn of theragreement; if the two ac of olve it will be submitted to binding arbitration. The agreementa£urther provides to mutual indemnification and that the agreement will expire this year. R) In view the teed t e forward with the planning and preparation for the Grand Ole 4t' Celebration o in a m o timely basis, staff recommends that Council approve the agreement with the following clarirications: Tbat the c ntract will expire by the end of this calendar year, provided the fin c anial g n obliatios asseeiatea with the agreement wills a the expiration date; That the parties (city and county) each provide their share o£ the esnmared budget m the county by April 1 . C) The document has not yet been r wed by the city's attorney (it was received 2/24). Legal re. iew will ceour prior to the March 7 meeting and any necessary changes will be either made to the document Prior to Council approval or will be explained to Council prior to its action. 3(e� .\G FN UA 1t 121.0 K'P "1 'O: City Council .lanuary 1 -1 , 2005 FI2 CJ M : Gary Cru EChfi Manager NVClksbop Mtg. : 1118/05 SUUJFC"1': CAI and pla J".i1c, ±un 1 . It P.1%L KCNC: G'(s)e 1 . Prc.p"sed IZeveauc runt Fx Pendi uuv Budget for Ormd Old 11" Celebration (3 Pages) U . ,\ C"l"fON KL'C2U1,5'p IZU Olr COlJNC1L / S"CA1•-F iZL.CO Nit\ IEN UA"I'1pN5a - to approve 50� - st aharrng With Franklin Cuunty fur [ lie xpatcled Grand Olcl 4i1, Cclebrati "n pr"vicJCd the cily' s share shall not exceed $85 .000 111 " 11'iS CAI " lnu'AC,F: V- llls"l_"MZ AN13 F'AC"rs MUFF : A) vilinklin County proposed a trlier lust year that a "Franklin County Fair" be initiated in t tner 2005 or 2006, t" be located at the "1'IZAC Facility. "iseussions which ea abour thin idea CMCIved to 1161 altennatiNe born, of . aior c lily a nt, by xpanaiug the '"Grand OIC1 41" Celebration" initiated by the,city ill x1989' l"he "Grand Old 41° Celebration"" has historically i olvcd nit 4°1 of July parade ill the downtown "cling at Memorial Park, acf: vities conaucica throughout the airy at me al pink, culminating Willi Eire annual 4113 "f July fireworks show at the baseball stadium (f"rnhe'ly at cl' lgar Brown stadium). "1'11e my na "Oror entities volved n punning the Grind Old 4113 eelcbrmion have Po1P"Sedna three-day c ant culminating Willi the 411 of July livewerks show annually, cululmCncing July 2005 • Fi ) The nity -rittee vhich has rked the - ept f "r the Past -al nths lilts u "lentil"ieda ncle-variety olaa r 1 :al tee a uluctecl during the flacc- day a nq elucJing be aclline luclux norenl c. vat des' e" s, .na ell a host "f "ti er ctiviucs which uld attract , broaan 'spectrrun of C city csiaerns duling tyro three-clay a lint`v"I"he committee has apparently obtninedntne c hitmanu of , ne local sponsors (raaJio slaGOn.w, etc .) tc, bear scalle of tilerh financial esponsibilities of the event. -1-11C "public" cxpCullu res n t u any to expana tiro Grand old 41 ' Ccicbran Eu le"Cet the sree-ally ep lals $ 170,000 (in addition to the $ 15 ,000 ah'cady c mittcd historically by the city lun fireworks). The rnty Proposes that the city anct - t my split tile clist of the event. with (lie xpectation that the net cost to he shared will be closer- to $50,000 (Ih"1 of ully zero). V_ 1TISCC)sslON : " A) Paul whilenmrsh, City Receation Services Marnager, bas parlicipatecl throughout the planning effort of tba vent an" Will tic. present Eo further explain the rctivuics n lied for the e ntc Fled Bowen, County Aarrullistlatoe, shay also be present to xplainn the role of TRAC in acconunodnting the event. kJ) The proposed a ent appears Ili have n broad nangc of attractions to Ole c airy cl "Ives nber of other c sty entities (radio station Kiwvr etc ) chn lbat the financial risk appears tohbe nh ial . In till likelihooa, the act cost will be less than $50,000 and c ula Possibly break ever "1'he a nl not only offers a xpnn Jed opportunity of ccicblatioul in the c d , luy durirng the s n it will h"PCfully C Cate a annual at fur TRAC wlclr will ulur ately proviaea financial c u rstone fo tile ontintecl operation of that facility. , Ib that encl. seal - ends C"n nett e n the proposal to Shane rte ex Penlicures for tine "rand "Id 4i11n Ccicbration, not to exceed $85,000 (excluding fireworks). INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITY OF PASCO FOR GO-SPONSORSHIP OF 2005 GRAND OLE FOURTH AT THE TRADE RECREATION AGRICULTURAL CENTER (TRAC) THIS IS AN INTERLOCAL AGREEMENT (hereinafter referred to a "Agreement"), entered Into under the authority of the Interlocal Cooperation Act, Chapter 39.34 RCW, between Franklin County, Wasbington, a political subdivision of the States of Washington (hereinafter referred to as the -County") and City of Pasco, Washington, a cipal corporation (hereinafter referred to as the "City"). THIS AGREEMENT i ada and entered Into phis day of Fabruary 2005. No new or separate legal or administrativa entity Is created to administer the provisions of this Agreement. t . PURPOSE Tha parties hereto agree that it is to their mutual benefit, and the benefit of the citizenry. to offer citizens and their families an opportunity to calibrate our Nation's Indapandence through a multi-clay and multi-faceted oyant. Subsequently, this Agreement Is to provida a iaantract for the County and City to jointly and -equally sponsor an a nl to be entitled the -Grano Ole Fourth- at TRAC scheduled for the 1st of July. 2005. through the 4th of July. 2005. 2. LOCATION Tha Grand Ola Fourth shall be locatad at TRAC at 6600 Burden Blvd, Pasco. Washington 99301 . within Franklin County_ 3. DEFINITIONS a. "City" shall mean the City of Pasco. Washington. b. "Costa" shall be any and all expenses and other monetary liabilities accrued in themanagement of the 2005 Grand Ole Fourth. C. "County" shall vriasn Franklin County. Washington. d- "Exp¢ns¢s" shall be any and all costs and other monetary liabilities accrued in the management of the 2005 Grand Ola Fourth. s. "Management authorlty" shall be the right to maka any and all decisions an behalf of the parties hereto related to the organizing. the functioning. and administration of the entire 2005 Grand Ole Fourth. f. "PaKles" shall mean the County and the City. 4. DURATION OF CONTRACT This Agraamanl shall upon execution and shall expire on the day of , 2005, unless otherwise modified or terminated by the parties. 5. GUIDING PRINCIPLES The County and City agree to the following guiding principles: 1 . Superior c arnrnunicatiun between County and City, officials, staff, and citizens is essential to the s c m of this Agreeent. 2. In these nstancas where doubt or uncertainty exist, to err on the side of increased �amrnunicatian and clarification. 3. Plan and implement all projects and programs with the parspactive of all stakeholders in rninci. 4. Service delivery decisions will be based upon cost effacliveness. 6. COUNTY'S RESPONSIBILITIES: As a party to this Agreement. the County Shall exercise management anagement authority o r the n entire 2005 Grad Ole Fourth on bahalf of all parties included In this Agreement. The County shall comply with all terms and conditions incorporated herein. 7. CI7V'3 RESPONSIBILITIES: As a party to this Agreement. the City shall comply with all terms and conditions Incorporated herein. The City hereby grants the County all its rights, asponsibilitias, and uthority, ncluding agement authority, to carryout this Agreement and the 2005 Grand Ole Fourth. Additionally. the City hereby grants the County all the legal rights and authority par Pasco Municipal Coda (PMC) necessary to lawfully carry out the [arms and conditions itions of this Agreement and the 2005 Grand Oia Fourth. a a. BUDGET The total budget for the 2005 Gand Ole Fourth Shall be One Hundrad Savanty Thousand ($170,000) dollars. Tha County shall provide Eighty-five Thousand ($95,000) dollaa towards the budget of the 2005 Grand Ole, Fourth. Tha City shall provide Eighty-five Thousand ($85,000) dollars towards the budget of the 2005 Grand Ola Fourth. All funds submifted shall be placed in the Franklin County 2005 Miscellaneous Expense Grand Ole Fourth Butlgat. Number 425-000-001 . The County and City shall both ubmit Said funds by the day of 2005. Following the aforementioned data. Said funds are non-afundable. unless mutually agreed and negotiated by bath parties. Tha total budgated funds shall only ba axpandad upon costs and axp¢nsas accrued Involved with the organizing and n-rzirczigament Of the 2005 Grand Ole Fourth. The County shall have sole authority to expand the total budgeted funds. Accrued costs and expenses shall he agually divided ern,ong the parties hereto to include fifty percent (50%) assasearl to the County and fifty percent (50-Z.) nssassed to the City. not to exceed the total amount of budgeted funds referenced above. 9. REVENUES Tha County shall collect any and all owed revenues from the 2005 Grand Ola Fourth. Tha County shall deposit any and all collected r n the Franklin County 2005 Miscellaneous Expense Grand Ole Fourth Budget, Number 425-000-0015 in collection of all revenues. the County shall promptly distribute Fifty percent (500/6) of said revenues t0 the City and shall maintain Fifty percent (500/6) of the revenues as its ownership share. 10. TERMINATION This Agreement shall only ba terminated prior to the period of its duration upon the mutual negotiation and agreement of both parllas. 11 . DISPUTE RESOLUTION In the event of a dispute between the County and City regarding the dalivary, of s cas under this Agreement. the County Administrator and the City Manager Or their designated representatives shall dispute and options for r elution. Any dispute not r olved by the representatives shall be refer ed to the County Adminiatrater and the Oity Manager. The decision of the County Administrator and the Oity Manager regarding the dispute Shall be final as between the parties. If any controversy o r claim arising out of o m ll relating to this Agreement or the alleged breach of such Agreement that c otba resolved by the County Administalor and the City Manager, the dispute ay be submitted to mediation and if still not reselvad. shall be submitted l0 binding arbitration In I m 2 accordance with the rules and procedures set forth in Chaptar 7.04 RCW, and the judgment or award ra"deroO by the arbitrator may be entered in any court having ju isdfction thereof. For the purposos of this sootian. any actions or decisions made by the County Administrator shall be subject to ratification by the Franklin County Board of Commissioners. 12. IN UEMNIFICATION The County shall indemnify and hold harmlase the City, its agents, amployeas, and officers from the intentional acts of negligence, if any. evising from the acts or omissions of the County, its agents, amployans, or officers as o result of this Agreement. The Gity shall indemnify and hold harmless the County, its agents, employees, and of lcars from the intentional acts of negligence, if any, arising from the acts or omissions of the City, its agents. employees, or officers, as n result of this Agraamant. 13. NOTICES Any notice or demand from either party to the other shall be in writing and shall be deemed duly rved if and when mailed by registered or cartifiatl mail, return racaipt requested. to the addresses set tort" balow. If to the County: Franklin County 1016 North Fourth Avanue Pasco, WA 99301 Attention: County Administrator If to the City: City of Pasco 525 NortM1 Third Avanua pasta, WA 90301 Attention: City Administrator 14_ BENEFICIARIES OF CONTRACT This Agreement Is solely for the benefit of the County and the City and creates no rights or benefits of any type in any third parties. 15. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties hereto and shall not Be odified or ended in any manner axcapt by an nstrument in writing axacutad by the parties hereto. Previous drafts of the agreement ar any portion thereof and any oral nagot ations shall not Be utilized in any manner by either party sho"Id any dispute ones, as to the Intent of the Agraamant. 16. RECORO KEEPING Tha Cnunty agrees t0 maintain n detailed and a rata record of the use of all budgeted funds. including all costs and expanses actually incurred whit" shall Be made available to the Gity upon request. 17. SEVERABILITY In the eyont any provision of this Agreement shall be daclarad by a court of cnmpatent jurisdiction to be invalid, illegal, or enforceable, the validity, legality. and enforceability of the remaining provisions shall not, in any way, be affactad or impaired thereby. 3 18. AMEN UM ENT The provisions of this Agreement may be amended with the mutual c unsant of the parties. No additions to, ur alterations of the terms of this Ag eemant shall be valid unless made in writing and formally approved and executed by the duly authorized agents of both inertias. 10. FILING OF AGREEMENT This Agreement shall be Glad pursuant to the requirements of RCW 39.34.040. 20. EXECUTION IN COUNTERPARTS Tha County shall axacuta the original of this Agreement. Each nther party harato shall sign a tanterpart of the original of this Agraamenl. Tha parties herato Intend that all the signed counterparts taken together with the original will ba c nsidarad as one original document, and given full force and affect as if all parties had signed one document. IN WITNESS WHEREOF, Franklin County, Washington, has executed this Agreement by it's duly authorized officials as of this day of 2005. IROARU OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON Frank H_ Brock. Chairman Nava J. Corkrum, Chalrman Prn Tam Robert E Koch, Member ATTEST: Clerk of the Board APPROVED AS TO FORM : (Deputy Proseomting A tarnay _ IN WITNESS WHEREOF, tM1a City of Pasco, Was M1ington "as executed this Agreement by its duly aulM1Orized officials as of tM1is day of 2005. CITY OF PASCO FRANKLIN COUNTY, WASHINGTON City Manager ATTEST: City Clerk Of 5