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HomeMy WebLinkAbout2005.04.25 Council Special Meeting Packet AGENDA PASCO CITY COUNCIL Special Meeting 7:00 p.m. April 25,2005 1. CALL TO ORDER. # 2. BUSINESS ITEMS: (a) Real Property Condemnation for Ainsworth Overpass: 1. Agenda Report from Gary Crutchfield, City Manager dated April 22, 2005. 2. Vicinity Map. 3- Proposed Ordinance authorizing real property condemnation. MOTION: I move to adopt Ordinance No. , authorizing condemnation of certain real property necessary for the construction of the Ainsworth Railroad Overpass Project. (b) Oath of Office: City Clerk to administer the Oath of Office to Councilmember Robert B. Hoffmann(District 3). (NO WRIT'rEN MATERIAL ON AGENDA) 3. ADJOURNME NT. i AGENDA REPORT TO: City Council April 22, 2005 FROM: Gary Crutchf. anager Special Mtg.: 4/25/05 SUBJECT: Real Property .ondemnation for Ainsworth Overpass I. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance authorizing real property condemnation II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/25: MOTION: I move to adopt Ordinance No. authorizing condemnation of certain real property necessary for the construction of the Ainsworth Railroad Overpass Project. III. FISCAL IMPACT: To be determined through negotiation or judicial determination; adequate funds available in the project budget. IV. HISTORY AND FACTS BRIEF: A) The City and Port have been cooperatively pursuing construction of the Ainsworth Railroad Overpass project for the past eight years, since its original inception in the mid- 1990s. Full funding for the project was not available until last year, when the City and Port successfully sought funds through the state legislature. As a result of the legislature's action in 2004, full project funding was secured and right:-of-way action was initiated. B) The right-of-way acquisition process, managed by the state of Washington on behalf of the City and Port, has assembled nearly all of the parcels necessary to provide the right- of-way for the project. The only parcel in which the state and owner appear to be unable to reach agreement is the "Rodriguez" auto body shop ("Ainsworth Collision Center") generally located on South 5th Avenue (legally described in the proposed ordinance and illustrated in the attached map). The Rodriguez parcel is essential for the project, as the project cannot be redesigned to avoid acquisition of the parcel. C) Due to the fact that the bulk of the project funds are represented in last year's state budget allocation, it is imperative that the project be under contract by the end of June (end of the state fiscal year). Failure to do so could allow the state to reallocate some or all of the project funds presently allocated for the Ainsworth project. Such a change would effectively put the project"back on the shelf'until adequate funds were available again. Thus, it is imperative that the Rodriguez property be acquired immediately to permit the bidding process to commence so that a contract can be awarded by the end of June. V. DISCUSSION: A) The state right-of-way agents have spent the better part of the past year attempting to negotiate a reasonable acquisition figure for the Rodriguez property, to no avail. Rather than risk the loss of project funds after June 30, it is recommended that Council authorize condemnation of the Rodriguez property to be initiated. Doing so will permit the city to seek immediate possession of the property for bidding and construction purposes while.continuing to negotiate an appropriate settlement with Mr. Rodriguez. Should the negotiations effort ultimately fail, Franklin County Superior Court will determine the appropriate compensation. B) Staff recommends. favorable Council action on the ordinance, to include: declaration of an emergency (within the ordinance) so that the ordinance is effective upon passage. The city attorney intends to file appropriate petition for condemnation in Superior Court Tuesday, April 26. 2(a) ' 8 ...... ...... -- _..i 4 -_. ...._. 32 1 ; 16 1 L 33 4 1 Y 14 ` 13 13 4 13 — --_ s1-- 1 o -;---- ._ -� 24 5 12 12 5 2 s 22 Z 11 j 6 iw 11 fi 11 6 ; Ll :ice 1Q 7 '.' '`` 1G 7 - 10 7 f; 19•' t 14 ... 9 i 9 �! 5 8 1---- - �— Phi � ..._-._..��.� .'-,•---�_ . ..__ ---f---' 17, - --1--.- 16 � 16 1- { \ 6� 22 i { 3 1,5 3 4 5 5 _ 2 . y� 1 „. .._-_.. .._ 6 _24 18 g 3 6 - 17 _ 8 `- 1 f ` \ 5 4 � 19 7 7 - - €3 14 =f� 3 2 10 ,1 4 } 11 - `= 17 '� S 16 f 12~ 13 1 _' 4 5 x 7 14 h 8 9 15 18 .. ^� 8 ` pe _ 1Q T \ 1 1: 11 1, 13 3: ;` 26 .1 1 r r � _...., ` ]� 9 15 1 25 17 6 5 18 `'f--. 4 .1 Z } ��' - 3 1 � 19 L A....z_ AINSWORTH COILLISION CENTER 0 PG 1 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Authorizing the Initiation of a Petition for Condemnation of Real Property Necessary for the Construction of the Ainsworth Railroad Overpass WHEREAS, a City project has been initiated for the construction of a Railroad Overpass on Ainsworth Avenue in the City of Pasco to provide for the efficient and improved circulation of traffic throughout the City of Pasco; and WHEREAS, to facilitate this project, the City needs to acquire real property upon which the right-of-way and improvements of the Railroad Overpass will be constructed on property presently owned by Alfredo Rodriquez acquiring the same by a Real Estate Contract from Harry A. Lee; and WHEREAS, the City, pursuant to Chapter 8.12 RCW, is authorized to acquire by eminent domain such real property for public use after just compensation therefore has been made; and WHEREAS, it is hereby determined to be in the best interest of the City to acquire such real property for public use, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Facts. A. The City Council does hereby find that the construction of Ainsworth Avenue Railroad Overpass constitutes a public use as enumerated by RCW 8.12.030; B. The acquisition of the below-described real property, in its entirety, is necessary for the construction of Ainsworth Railroad Overpass, thereby constituting a public necessity; and C. The acquisition of the below-described real estate is to be paid from the Arterial Street Fund. Section 2. Legal Description. The real property to be acquired by eminent domain constitutes the following described real property: Lots 1 and 2, Block 15, Gantenbein's Addition, according to the plat thereof recorded in Volume "B" of Plats, page 17, records of Franklin County, Washington. TOGETHER WITH that portion of West "D" Street lying between the centerline of the north/south alley of said Block 15 and the northerly projection of the east line of said Lot 1, vacated by City of Condemnation Ordinance - 1 Pasco Ordinance No. 981 and recorded under Auditor's File No. 209614, AND TOGETHER WITH the North 10 feet East of the East line of said Lot 2 vacated by City of Pasco Ordinance No. 2401, and recorded under Auditor's File No. 421320 AND TOGETHER WITH the West 10 feet of South 5th Avenue adjoining said Lots 1 and 2 and the vacated portion of West "D" Street and vacated by City of Pasco Ordinance No. 322, AND TOGETHER WITH that portion of the north/south alley of said Block 15 as vacated by City of Pasco Ordinance No. 3201 and recorded under Auditor's File No. 538428. Section 3. Authorization for Condemnation. The City Manager shall be and hereby is authorized to proceed with the acquisition of the above-described real property by negotiation, and, if necessary, by the initiation of the Petition for Condemnation of such real property in Franklin County Superior Court providing for the acquisition of such real property by eminent domain and for determination of just compensation. Section 4. ' The City Council has determined that delay of this project may cause a risk to public property and, therefore, a public emergency exists and this Ordinance shall take full force and effect upon its adoption having been approved by a majority plus.one of the whole Council. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this 25d'day of April, 2005. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Webster U. Jackson Leland B. Kerr City Clerk City Attorney Condemnation Ordinance-2 AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. April 25,2005 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Senior Services Advisory Committee Interviews: 1. Agenda Report from Gary Crutchfield,City Manager dated April 20, 2005. 2. Applications(4)(Council packets only). (b) Drought Plan: 1. . Agenda Report from Robert J.Alberts,Public Works Director dated April 20,2005. 2. Draft Pasco Drought and Water Shortage Response Plan. (c) Aerial Topographic Maps: 1. Agenda Report from Robert J. Alberts, Public Works Director dated April 20, 2005. 2. Vicinity Map. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c} 6. ADJOURNMENT. REMINDERS: 1. 12:00 p.m., Monday, April 25, Red Lion Hotel — Chamber of Commerce General Membership Meeting. (Adam Fyall, Benton County Community Development Coordinator will present "The Red Mountain Viticultural Area.") 2. 4:00 p.m., Monday, April 25, Port of Benton — Hanford Area Economic Investment Fund Board Meeting. (COUNCILMEMBER MATT WATKINS) 3. 7:30 a.m., Thursday, April 28 -- Tri-Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER TOM LARSEN) 4. 12:00 p.m.,Thursday,April 28, Clarion Hotel&Conference Center,Richland—TRIDEC Member Luncheon. (MAYOR MIKE GARRISON and COUNCILMEMBER EILEEN CRAWFORD) 5. 2:00 p.m., Thursday, April 28, 704 E. Ainsworth—Ainsworth Avenue Realignment& Sacagawea Heritage Trail Ribbon Cutting Ceremony. (ALL COUNCILMEMBERS INVITED TO ATTEND) 6. 4:00 p.m., Thursday, April 28 — TRIDEC Board Meeting. (MAYOR MIKE GARRISON, Rep.; COUNCILMEMBER MATT WATKINS,Alt.) 7. 5:30 p.m., Thursday, April 28, 710 W. Court Street — Community Action Committee Meeting. (COUNCILMEMBER EILEEN CRAWFORD,Rep.;JOE JACKSON,Alt.) 8. 7:00 p.m., Thursday, April 28, 800 W. Canal Drive — Benton-Franklin District Board of Health Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS) AGENDA REPORT TO: City Council April 20, 2005 FROM: Gary Crutchfie d anager Workshop Mtg.: 04/25/05 SUBJECT: Senior Services.Advisory Committee Interviews I. REFERENCE(S): 1. Applications (4) (Council packets only) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 04125: Council to conduct brief interviews with Linda Hendrickson, Paula Kitchel, Margaret Moore, Lynda Salgado. III. HISTORY AND FACTS BRIEF: A) The Senior Services Advisory Committee is composed of nine members; terms are for three years. The committee meets on the second Tuesday of each month at 10:00 a.m. B) The Senior Services Advisory Committee advises the City Council on programs, activities and interests of senior citizens as they relate to the Senior Citizen Center. C) At the present time there are two positions whose terms are expiring and one position is vacant: 1. Position No. 1 (vacant) 2. Position No. 2 (Margaret Moore) 3. Position No. 3 (Carol Bonds) D) General consensus of the Council Screening Committee that Carol Bonds, Position No. 3, should be reappointed without interview, as she was appointed last year to fill an unexpired term. E) After Council Screening Committee review of all applications, the following have been selected to interview for Positions No. 1 and 2: 1. Linda Hendrickson..........................................................828 S. 101x' Avenue 2. Paula Kitchel................................................I......4504 Desert Plateau Drive 3. Margaret Moore .......0..1.11...............................................2203 N. 7th Avenue 4. Lynda Sal gado..............................................................................916 N. 24th IV. DISCUSSION: A) After conduct of interviews at the April 25 Workshop meeting, it is proposed that appointments to Positions No. 1, 2 and 3 be made by the Mayor, subject to confirmation by the Council, at the May 2 meeting. 3(a) AGENDA REPORT NO. 14 FOR: City Council April 20, 2005 TO: Gary Crutch 1 Manager Workshop Mtg: April 25, 2005 FROM: Robert J. Albe 4blic Works Director SUBJECT: Drought Plan I. REFERENCE(S): 1. Draft Pasco Drought and Water Shortage Response Plan II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 04125: Discussion and direction to staff for final content of plan. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: On April 4, 2005, Council approved Resolution No. 2872 adopting the City Water Management Plan which includes a recommendation to prepare a City Emergency and Drought Response Plan. The proposed Drought and Water Shortage Response Plan addresses how to respond to different levels of a potential or real water shortage. A water shortage could be by means of a drought, low flows from the Columbia River or failure within the water system itself, such as pump problems at the raw water pump station. The proposed plan has four alert levels starting with voluntary reductions of water use (alert level 1), to mandatory restrictions and increased rates as the highest level (alert level 4). The intent is to curtail water use with progressive restrictions. Staff will provide a presentation of the different alert levels in the plan. Council should provide direction as to the content of the final plan. V. ADMINISTRATIVE ROUTING Project File 3(b) DRAFT City of Pasco Drought and Water Shortage Response Plan April 2005 This Drought and Water Shortage Response Plan addresses the restrictions and regulations, which may be imposed on the use of City of Pasco domestic and irrigation water during a time of a drought or water shortage,. The plan is based on four thresholds in which the restrictions increase with the 141cybase in thresholds. The requirements will vary by customer identified as the City, Public Institutions (County, College, Schools), Residential, Commercial, I.!10*4rial, and Construction. Threshold Alert 1: Drought Alert A drought or water shortage (alert number 1) wlll be declared by the Mayor when a warning has been given that there is an an&�pated water shortage in the Columbia River, depleting ground hater levels, or a problem with the City's systems. Implementation Requirements:*'':.; City - R lie Notification Notify the news media of the alert, provide %nformatioa,[n utility billings, and work with other agencies and civic.groups Education—Emphasize the City's con_ servation programs and 1 for v6 tary reductions for both the indoor and outdoor use of weer byorking with the news media and mailings to custftiers. `•r,, City Reductions - Require all departments to reduce water use. • Reduce use City-wide. • Parks Division coordinates with the GWMA and Soil Conservation District on improving efficiency and predicting minimum water needs. • Restrict vehicle washes to recycled washing facilities where possible. • Reduce amount of water used for hydrant programs, flushing, and non-essential uses. • Restrict water use in construction contracts. 1 Public Institutions -Voluntary curtailment. • Monitoring outdoor irrigation systems to improve efficiency and reduce water waste. • Coordinate with the GWMA and Soil Conservation District on improving efficiency and predicting minimum water needs. • Restrict vehicle washes to recycled washing facilities where possible. .;::` Residential - Voluntary curtailment. ;- • Reduction of indoor vater use; • Scheduling of outdoor watering to every other day watering. • Emphasis on wise use of water. Commercial -Voluntary curtailment. • Reduction of indoor and outdoor water use. • Emphasis on wise mater use. Industrial -Voluntary curtailment. • Reduction of indoor and outdoor water use. = ;-` • Emphasis on wise water use. Construction-Vt lntary curtailment and mandatory restrictions. Voluntary_— • Red on city water use. • Ground cover in lieu of water for dust control. -�i Emphasis on wise water use. Mandatory — • Use of well water where available. • Use of FCID water where available. • No water settling of trenches. 2 Alert 2: State Imposed Water Restrictions — Short term (1-2 months) A water shortage on the Columbia River has occurred for the short term. An alert number 2 is declared by Council. A surcharge on water rates will be required. The surcharge may be on the amount of water not needed for typical indoor use and the moderate amount needed for outdoor watering. Customers on the irrigation system will be required to adjust their watering with less water pressure. Implementation Requirements: �i City - Public Notification — NotifY the news media of the alert and water rate changes, provide inform�tian to customers, and work with other agencies and elyic groups Council may pa0s:an emergency water rate surcharge Ordinance. Any;,surcharge would"be imposed on the amount of water not considered essential. The typical monthly residential indoor and summer outdoor-uses wilt be considered in est shYn the definitiQz�;�of esserrit al use in the Ordinance. I rigation system wate.rpressure will be reduced 15% to encourage,cons ery ation.... City Reductions Mandatory reductions to all Departments. `' • Reduce all outdoor watering by 15%. Brown spots acceptable in turf. Vehicle washing with recycled water only. Use WTP effluent for sewer flushing programs. - x • Sweep & vacuum floors only, no washing or mopping unless health issues are a concern. • Reduce flows and pressures in City irrigation system. • Reduce use at swimming pools, restrict shower use. • Close spray grounds. • Further restrict water for construction projects. • Defer hydrant flushing programs. - No water for Fire Department training. • Place temporary water use restrictions on the approval of new developments and issuance of building permits. 3 Public Institutions - Mandatory requirements. • Reduce all outdoor watering by 15%. Brown spots acceptable in turf. • Vehicle washing with recycled water only. • Sweep & vacuum floors only, no washing or mopping unless health issues are a concern. Residential - Mandatory requirements. • A water rate surcharge: Alert 3: State Imposed Water Restrictions — Long term (2+ months). A serious water shortage has occurred. An alert number 3 is declared by Council. An increase in water rate surcharge will be required. Outdoor watering will be limited to keep vegetation alive. Commercial and Industrial customers will be asked to reduce all water use. Construction water will be rationed. Water policing program will be implemented along with fee structure for fine';: Implementation Requirements: City — Public Notification— notx r t ie news media of the alert and water rate changes, provide information to customers, and work with other agencies and civic groups, Council will amend emergency Ordinance and temporarily increase all water rate classifications. Irrigation system pressures and flows further reduced to encoux4ge:,conservation. Cft� Reductions —Mandatory reductions to all Departments. Create'a`water policing force and implement a ,,water dr6ught fee schedule for offenders. • Reduce all outdoor watering and provide only - -- -__ sufficient water to keep vegetation alive. • No testing programs that use water. No vehicle washing. Close swimming pools. r Defer construction projects that require construction water. • Call in all construction water hydrant meters. • No street sweeping. • Further reduce flows and pressures on City irrigation system. 5 Public Institutions - Mandatory requirements. • Pay new water rate structure. • Reduce all outdoor watering to keep vegetation alive only. • No vehicle washing • Reduce indoor use. • No visual water misuse or.waste. Residential - Mandatory requirements. • Pay new water rate structure. • Reduce all outdoor wateri-".to keep vegetation alive only. • No visual water misuse or waste',:Water waste subject to fines. Commercial - Mandatory requirements • Pay new water rats'-structure. • Reduce all outdoor;.watering to keep vegetation ali"ve only. • i4visudl*ater misuse,or waste. Water waste subject to fines Industrial Mandatory requirements. Pay new,water rate structure. Reduce all-outdoor watering to keep vegetation alive opl y tikx = ____- • No visual water misuse or waste. Water waste _ - ''' - subject to fines. :.... Construeggn Mijx datory requirements. • Pay new water rate structure. • No construction water from hydrants. • Ground cover for dust control. s Alert 4: City Water Supply Availability Critical. A critical water shortage has occurred. An alert number 4 is declared by Council. Water supply at 60% or less of historic usage and no increase in supply foreseen in the near future. A moratorium on new construction and new water service connections will be needed. Monitoring and water scheduling (rationing)program will need to be implemented. Implementation Requirements: City — 4'r Public Notification— Notify the news media of the alert and severity of conditions, provide information in utility billings, and work with other agencies and civic groups. Impose tempo ]building and dew water service moratorium. Increase fines for.wat use and waste. Irrigaonsystem will operate at minimum pressures and flows. City Reductions —Mandatory reductions to all Departments. . . No waste'of water. • Implement monitoring and scheduling program. .; • Close some public bathroom facilities. • Select turf areas that will receive no water. Public institutions— Mandatory requirements • Impose new monitoring and scheduling program. • No water misuse or waste. • Select turf areas that will receive no water. Residential — Mandatory requirements. • Impose new monitoring and scheduling program. • No visual water misuse or waste. Water waste subject to fines. • Subject to new fines and penalties. Commercial — Mandatory requirements. • Impose new monitoring and scheduling program. • High water users such as car washes and Laundromats subject to restricted flows or shut offs. • Subject to new fines and penalties. Industrial - Mandatory requirements. • Impose new monitoring,and scheduling program • High water users subj "to restricted flows. • Subject to new fines and penalties. Construction — Mandatory requirements. 4. • Only emergency construction'water. • No fire y Brant meters. , '.4 _�'•_ ','S, Yx vly - AGENDA REPORT NO. 15 FOR: City Council 1 April 20, 2005 TO: Gary Crutchfie kv anager Workshop Mtg: April 25, 2005 Regular Mtg: May 2, 2005 FROM: Robert+krt�, Public Works Director SUBJECT: Aerial Topographic Maps I. REFERENCE(S): 1. Vicinity Map Il. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 04125: Discussion 05/02: MOTION: I move to approve the authorization of contract work for aerial photography services with Walker and Associates not to exceed $125,000 and, further, to authorize the City Manager to include the cost in the year end budget supplement. Ill. FISCAL IMPACT: Utility Fund (Sewer) IV. HISTORY AND FACTS BRIEF: Authorization to conduct contract work is proposed for aerial photography and photogrammetric (digital topographic and orthophoto mapping) services with Walker and Associates. These services are considered necessary for providing topographic elevations in target areas for better plan layout of future sewer lines without having to do detailed surveying in the planning stages. The maps would be to a scale of 1" = 100' with 2 foot contour elevations. Aerial photography services will cover areas of approximately 5,800 acres. Aerial mapping will include two areas: (1) near the SR 12 & Lewis Street interchange, and(2) by the West Pasco area south of the Franklin County irrigation District canal and west of Road 36 towards the I-182 bridge. Services performed under an agreement would not exceed $125,000. Staff recommends approval for the City Manager to negotiate and execute an agreement for aerial photography services with Walker and Associates, and to include the cost in the year end budget supplement. V. ADMINISTRATIVE ROUTING Project File 3(c) ..tip\�`� • _. ♦t\\� 4 � r Y. Q� f � 1 Cot •�♦\ l+ f - 3 5 €