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