HomeMy WebLinkAbout2005.08.15 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. August 15,2005
1. CALL TO ORDER
2. ROLL CALL:
Pledge of Allegiance.
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the
City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be
no separate discussion of these items. If further discussion is desired by Councilmembers or the public,
the item may be removed from the Consent Agenda to the Regular Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated August 1, 2005.
(b) Bills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
1. To approve General Claims in the amount of$1,135,284.85 ($44,871.15 being in the form of
Wire Transfer Nos. 4381 and 4384 and, $1,090,413.70 consisting of Claim Warrants
numbered 150127 through150429).
2. To approve bad debt write-offs for utility billing, ambulance, miscellaneous, cemetery, code
enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in
the total amount of $237,648.12 and, of that amount, authorize $169,898.31 be turned over
for collection.
(c) Port of Pasco Citations in Municipal Court:
1. Agenda Report from Gary Crutchfield, City Manager dated August 5, 2005.
2. Proposed Interlocal Agreement.
To approve the interlocal agreement with the Port of Pasco for Municipal Court Services and,
further, authorize the City Manager to sign the agreement.
(d) Resolution No. 2886, a Resolution accepting work performed by Apollo Inc., under contract for
Project No. 04-1-02.
1. Agenda Report from Doyle Heath, City Engineer dated August 10, 2005.
2. Resolution.
To approve Resolution No. 2886, accepting the work performed by Apollo, Inc., under contract
for the Public Works Building Shop Expansion, Project No. 04-1-02.
(e) Resolution No. 2887, a Resolution accepting work performed by Sierra Electric, under contract
for the project known as Road 68 & Sandifur Signal,Project No. 02-4-02.
1. Agenda Report from Doyle Heath, City Engineer dated August 10, 2005.
2. Resolution.
To approve Resolution No. 2887, accepting the work performed by Sierra Electric, under
contract for the Road 68 &Sandifur Signal Project,Project No. 024-02.
(f) Resolution No. 2888, a Resolution fixing the time and date for a public hearing to consider the
vacation of a portion of Chestnut Avenue.
1. Agenda Report from David I. McDonald,City Planner dated August 11, 2005.
2. Proposed Resolution and Vicinity Map.
3. Vacation Petition.
To approve Resolution No. 2888, fixing 7:00 p.m., September 6, 2005 as the time and date for a
public hearing to consider the proposed vacation.
(RQ MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(c)
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
Regular Meeting 2 August 15,2005
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers.
(b) Financial Services Manager: General Fund Operating Statement through July 2005.
(c)
7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(none)
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
(a) Resolution No. , a Resolution rescinding Resolution No. 2816 and, Authorizing the
Establishment of a Program to Improve the Facades of Buildings Located in the Downtown Area
of Pasco.
1. Agenda Report from Richard J. Smith, Community &Economic Development Director dated
August 10, 2005.
2. Resolution for AIternate Motion A.
3. Resolution for Alternate Motion B.
ALTERNATE MOTION A: I move to approve Resolution No. increasing the
maximum amount of city funding for facade grants to$20,000 per application.
-OR-
ALTERNATE MOTION B: I move to approve Resolution No. increasing the city
share for facade grants to 75%, increasing the maximum amount of city funding for facade grants
to$20,000 per applicant and increasing the loan forgiveness period to 7 years.
*(b) Resolution No. , a Resolution declaring the intended uses of the two-tenths local sales
tax increase if approved by voters.
1. Agenda Report from Gary Crutchfield, City Manager dated August 11, 2005.
2. Franklin County Resolution No. 2005-303.
3. Proposed City Resolution Declaring proposed uses of Tax Proceeds.
MOTION: I move to approve Resolution No. ; declaring the intended uses of local
sales tax increase if approved by voters in the September primary.
9. UNFINISHED BUSINESS:
(none)
10. NEW BUSINESS:
*(a) Award of US 395 and Argent Road Ramp Project—03-3-05:
1. Agenda Report from Robert J. Alberts, Public Works Director dated August 10, 2005.
2. Bid Summary.
3. Diagram.
(RCS MOTION: I move to award a contract for the US 395 and Argent Road Ramp Project Schedules
A and B, Project No. 03-3-05, and Port of Pasco improvement Schedules C and D to Transtate
Paving in the total amount of $1,916,168.74 including applicable sales tax and, further, to
authorize the Mayor to sign the contract documents.
*(b) Broadmoor Blvd/Sandifer Improvements,Project No.05-3-05:
1. Agenda Report from Doyle Heath, City Engineer August 10, 2005.
2. Bid Summary.
3. Vicinity Map.
(RQ MOTION: I move to award the low bid for the Broadmoor Blvd/Sandifur Improvements Project
to Transtate Paving in the amount of$111,160.00 and, further authorize the Mayor to sign the
contract documents.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
Regular Meeting 3 August 15,2005
(RC) Roll Call Vote Required
* Item not previously discussed
MF# "Master File#...."
Q Quasi-Judicial Matter
REMINDERS:
1. 6:00 p.m., Monday, August 15, Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR
MIKE GARRISON and COUNCILMEMBER REBECCA FRANCIK)
2. 8:00 a.m., Thursday, August 18 to 1:00 p.m. Friday,August 19, Enzian Inn, Leavenworth—AWC/WFOA
Budgeting &Fiscal Management Workshop. (COUNCILMEMBER BOB HOFFMANN)
3. 12:00 p.m., Thursday, August 18, 720 W. Lewis Street — Pasco Downtown Development Association
Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.;REBECCA FRANCIK,Alt.)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 1, 2005
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Michael L. Garrison, Mayor.
ROLL CALL:
Councilmembers present: Robert Hoffmann, Tom Larsen, Michael Garrison, Joe Jackson,
Eileen Crawford, Rebecca Francik and Matt Watkins.
Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strebel, Administrative & Community Services Director; Richard Smith, Community &
Economic Dev. Director; Bob Alberts, Public Works Director; David McDonald, City
Planner; Denis Austin, Police Chief; Greg Garcia, Fire Chief and Elden Buerkle,
Management Assistant.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated July 18, 2005.
Minutes of the Special Pasco City Council Meeting dated July 25, 2005.
(b) Bills and Communications:
To approve General Claims in the amount of$1,021,014.16 ($57,430.76 being in the
form of Wire Transfer Nos. 4373 and 4378 and, $963,583.40 consisting of Claim
Warrants numbered 149890 through 150126).
To approve Payroll Claims in the amount of$1,413,404.63, Voucher Nos. 33055 through
33269; and EFT Deposit Nos. 30005251 through 30005698.
(c) Interagency Agreement for Summer School Services:
To approve the Interagency Agreement with the Pasco School District for summer school
services and, further, authorize the Mayor to sign the agreement.
(d) Interagency Agreement for School Resource Officers:
'To approve the two-year Interagency Agreement with the Pasco School District for school
resource officers and, further, authorize the Mayor to sign the agreement.
(e) Professional Services Agreement with JUB Engineering, Inc., for
Construction Management and Inspection Services:
To approve the Professional Services Agreement with JUB Engineering, Inc., for on-
going construction management and inspection services and, further, authorize the Mayor
to sign the agreement.
(f) Amendment#4, Ainsworth Overpass Agreement:
To approve Amendment No. 4 to the cooperative action agreement with the Port of Pasco
for the construction of the Ainsworth overpass and, further, authorize the Mayor to sign
the agreement.
(g) Ainsworth Overpass Engineering Services Agreement:
To approve the Agreement with Anderson-Perry & Associates, Inc., for the Ainsworth
Overpass Project Construction Engineering Services and, further, authorize the Mayor to
sign the agreement.
(h) Amendment No. 1 to the HDR Engineering Professional Services Agreement
for the Composite Reservoir Project:
To authorize the Mayor to execute Amendment No. 1 to the HDR Engineering
Professional Services Agreement for the Composite Reservoir construction engineering
services.
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 1, 2005
(i) Resolution No. 2883,a Resolution revising the Process for Appointments to
City Boards and Commissions.
To approve Resolution No. 2883, revising the process for appointments to City Boards
and Commissions. Removed from Consent Agenda and moved to Item 8a—
Ordinances and Resolutions.
0) Resolution No. 2884, a Resolution accepting work performed by Sierra
Electric, Inc.,under contract for Project No. 04-4-02, Road 68 &Argent Road
Traffic Signal.
To approve Resolution No. 2884, accepting the work performed by Sierra Electric, Inc.,
under contract for the Road 68 & Argent Road Traffic Signal, Project No. 04-4-02.
(k) Resolution No. 2885, a Resolution accepting work performed by Sierra
Electric, Inc., under contract for Project No. 00-4-02,20th Avenue & Argent Traffic
Signal.
To approve Resolution No. 2885, accepting the work performed by Sierra Electric, Inc.,
under contract for the 20th Avenue&Argent Traffic Signal,Project No, 00-4-02.
MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr. Jackson
seconded. Motion carried by unanimous,Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGMENTS:
Mayor Garrison presented Certificates of Appreciation for July 2005 "Yard of the
Month" to:
Valente and Virginia Guzman, 1103 W. Irving Street
Trinidad and Maria Mendez, 1904 N. 12th Avenue
Don and Dorothy Wilson, 1620 W. Marie Street
Hung and Lan Le, 4404 Valencia Drive
Chevo and Pam Campos, 3521 W. Opal Street
Steve Wadsworth, 8204 Camano Drive
Noel and Maria Valencia, 8712 Nash Drive
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Ms. Francik and Ms. Crawford noted the benefits of the state gas tax to area roads.
PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
Street Vacation—Portions of California Avenue and Salt Lake Street Adjacent
Block 15 Frey's Addition (MF#05-81-V):
Mr. David McDonald, City Planner, explained the details of the vacation.
MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE
VACATION.
FOLLOWING THREE CALLS FROM MAYOR GARRISON FOR COMMENTS,EITHER FOR OR
AGAINST,AND THERE BEING NONE,THE PUBLIC HEARING WAS DECLARED CLOSED.
Ordinance No. 3732, an Ordinance vacating a portion of Salt Lake Street and
California Avenue Adjacent Block 15 Frey's Addition.
MOTION: Ms. Francik moved to adopt Ordinance No. 3732, vacating portions of
California Avenue and Salt Lake Street adjacent Block 15, Frey's Addition and, further,
authorize publication by summary only. Mr. Jackson seconded. Motion carried
unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 1, 2005
Resolution No. 2883, a Resolution revising the Process for Appointments to City
Boards and Commissions.
Council and Staff discussed the details of the appointment process.
MOTION: Ms. Francik moved to approve Resolution No. 2883, revising the process for
appointments to City Boards and Commissions. Mr. Jackson seconded. Motion carried
6-1.
NEW BUSINESS:
West Court Street Sewer Project 405-1-02:
MOTION: Ms. Francik moved to award the low bid for the West Court Street Sewer
Project(Sharpe & Preszler) in the amount of$116,834.04 and, further, authorize the
Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by
unanimous Roll Call vote.
2005 Handicap Ramps Project 905-3-09:
MOTION: Ms. Francik moved to award the low bid for the 2005 Handicap Ramps
Project (Classic Concrete Design) in the amount of$77,264.48 and, further, authorize the
Mayor to sign the contact documents. Mr. Jackson seconded. Motion carried by
unanimous Roll Call vote.
Bid for Sun Willows Golf Course Pond Improvement Project No. 05-6-02:
MOTION: Ms. Francik moved to award the contract for the Sun Willows Golf Course
Pond Improvement Project No. 05-6-02, to the low bidder, Rexius, in the amount of
$256,779.30, including sales tax and, further, authorize the Mayor to sign the contract
documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote.
Bid for Loviisa Farms Park Development Project No. 05-6-01:
Mr. Watkins declared a conflict of interest and recused himself from voting on
this item.
MOTION: Ms. Francik moved to award the contract for the Loviisa Farms Park
Development Project No. 05-6-01, to the low bidder,Ashley-Bertsch Group, Inc., for the
Base Bid and Alternate Nos. 1-5 in the amount of$187,911.32, including sales tax and,
further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded.
Motion carried by unanimous Roll Call vote.
Special Permit: Yakima Valley Farm Worker's Clinic a Community Services
Facility Level I in an "O" (Office) Zone (1620 Road 44) (MF#05-86-SP):
Mr. Larsen declared he spoke with a person opposing this issue and will abstain
from voting.
MOTION: Ms. Francik moved to grant a special permit to the Yakima Valley Farm
Worker's Clinic for a medical clinic located at 1620 Road 44 as recommended by the
Planning Commission. Mr. Jackson seconded. Motion carried unanimously.
Funding Commitment Wade Park(Road 54) Boat Launch:
MOTION: Ms. Francik moved to approve the cost sharing agreement with Franklin
County for the Road 54 Boat Launch and, further, authorize allocation of up to $75,000
from the Capital Improvement Fund. Mr. Jackson seconded. Motion carried unanimously.
Minutes of July 5,2005 Council Meeting:
3
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 1, 2005
MOTION: Ms. Francik moved to approve the minutes of the July 5, 2005 Council
Meeting as originally presented. Mr. Jackson seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Brad Peck, 200 Rd 34, inquired about the criteria which candidates are reviewed and
selected for the Planning Commission.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:54 p.m.
APPROVED: ATTEST:
Michael L. Garrison, Mayor Webster U. Jackson, City Clerk
PASSED and APPROVED this 15th day of August, 2005
4
CITY OF PASCO
Council Meeting of:
August 15, 2005
Accounts Payable Approved
The City Council
City of Pasco, Franklin County,Washington
We,the un nthe by certify under penalty of perjur y that the materials have been furnished,the
services r ridperformed as described herein and that the claim is a just,due and unpaid
obligatio agathat we are authorized to authenticate and Ito aid I .
Gary Crut d, Manage James W. e, Finance Manager
We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington,
do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer
No-s.4381 and 4384 in the amount of$44,871.15, have been authorized;that Check No.s 150127 through
150429 are approved for payment in the amount of$1,090,413.70,for a combined total of$1,135,284.85 on this
15th day of August,2005.
Counciimember Councilmember
SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 1,196.08
Judicial 14,291.93
Executive 6,760.64
Police 121,475.19
Fire 18,67014
Administration&Community Services 67,844.05
Community Development 4,127.43
Engineering 14,875.99
Non-Departmental 60,570.81
Library 1,883.05
TOTAL GENERAL FUND: 311,695.31
STREET 74,015.67
C. D.BLOCK GRANT 5,898.57
KING COMMUNiTY CENTER 3,495.79
AMBULANCE SERVICE 21,221.79
CEMETERY 7,672.16
ATHLETIC PROGRAMS 4,811.82
SENIOR CENTER 5,024.08
MULTI MODAL FACILITY 6,382.57
RIVERSHORE TRAIL&MARINA MAIN 103.24
SPECIAL ASSESSMNT LODGING 16,943.25
REVOLVING ABATEMENT 1,388.00
PARKS FUND 0.00
TRAC DEVELOPMENT 0.00
STADIUM/CONVENTION CENTER 12,079.95
SUN WILLOWS RESIDENTIAL DEVELOPMENT 40.14
METRO DRUG TASK FORCE 1,044.73
METRO DRUG FORFEITURE FUND 465.69
GENERAL CONSTRUCTION 903.61
WATER/SEWER 507,998.53
EQUIPMENT RENTAL-OPERATING 34,949.48
EQUIPMENT RENTAL-REPLACEMENT 15.50
MEDICAUDENTAL INSURANCE 46,630.65
CENTRAL STORES 854.54
PUBLIC FACILITIES DIST 22,586.10
PAYROLL CLEARING 49,054.49
LID CONSTRUCTION 9.19
GRAND TOTAL ALL FUNDS: $ 1,135,284.85
3�b). 1
AGENDA REPORT
FOR: City Council `*1' '' DATE: 08/09/2005
TO: Gary Crutc anager REGULAR: 08/15/2005
Stan Streberative&Community Services Director
FROM: Jim e ' ce Manager
SUBJECT: BAD E WRITE-OFFS/COLLECTION.
I. REFERENCE(S):
Write-off and collection lists are on file in the Finance Department.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to approve bad debt write-offs for utility billing, ambulance, miscellaneous,
cemetery, code enforcement and Municipal Court non-criminal, criminal and parking
accounts receivable in the total amount of$237,648.12, and, of that amount, authorize
$169,898.31 be turned over for collection.
Ili. HISTORY AND FACTS BRIEF:
1. AMBULANCE -These are all delinquent accounts over 90 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs
including DSHS and Medicare customers; the law requires that the City accept assignment in these
cases.
2. MISCELLANEOUS -These are all delinquent accounts over 90 days past due or statements that are
returned with no forwarding address. Those submitted for collection exceed$10.00.
3. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and
parking violations over 30 days past due.
4. CEMETERY—These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed$10.00.
Amount
Direct Referred to Total
Write-offs Collection Write-offs
Ambulance $ 67,749.81 .00 67,749.81
Court A/R $ .00 169,648.28 169,648.28
Miscellaneous $ .00 11.75 11.75
Cemetery $ .00 238.28 238.28
TOTAL: $ 67,749.81 169,898.31 237,648.12
IV. ADMINISTRATIVE ROUTING:
cc: Dot French,Municipal Court Clerk
3(b).2
AGENDA REPORT
TO: City Council August 5, 2005
FROM: Gary Crutch 1 Manager Workshop Mtg.: 818105
Regular Mtg.: 8/15/05
SUBJECT: Port of Pasco itations in Municipal Court
L REFERENCE(S):
1. Proposed Interlocal Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
8/8: Discussion
8/15: MOTION: I move to approve the interlocal agreement with the Port of Pasco for
Municipal Court services and, further, authorize the City Manager to sign the
agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The Port of Pasco, as a special purpose district, has statutory authority to operate a
police force for the enforcement of state and local laws within its property
boundaries. The Port has exercised its authority to a limited extent at the airport,
where it has issued parking citations for many years. In about 1990, the Port
obtained approval of the city to file its parking citations with Pasco Municipal Court,
by way of interlocal agreement. Under the terms of that agreement, the Port files the
parking tickets with Municipal. Court, the ,Court processes them (including any
hearings required) and retains the parking fines as compensation for the cost of
processing the parking citations. The Port gains efficient enforcement of their
parking citations and more effective management of the airport parking facilities.
B) The Port has historically filed misdemeanor citations (other than parking citations)
with the county district court for prosecution and adjudication. Those citations range
from trespass to DUI and other property/traffic violations. Due to the apparent
backlog of cases in the county court system, the Port desires to file their
misdemeanor citations with the city's Municipal Court. It is anticipated that
Municipal Court can process the Port's misdemeanor citations much more quickly
than can the burdened county system.
V. DISCUSSION:
A) The proposed interlocal agreement incorporates both parking and other misdemeanor
citation authority and provides that the Port will file those violations with Pasco's
Municipal Court. The Court will be obligated to adjudicate all such citations, in
accord with judicial standards and procedures. Any fines and forfeitures associated
with the citations adjudicated will be retained by the city to offset the additional cost
absorbed by the city to process the citations.
B) Inasmuch as the proposed agreement will result in more efficient enforcement of
misdemeanor law within Port properties (particularly the airport) and the city should
realize no significant increase in net court costs, staff recommends approval of the
agreement.
3(c)
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd
Pasco WA 99301
INTERLOCAL AGREEMENT BETWEEN
CITY OF PASCO AND PORT OF PASCO
FOR THE ENFORCEMENT OF TITLE 9 AND TITLE 10
OF THE PASCO MUNICIPAL CODE
THIS AGREEMENT is made and entered into this day of , 2005,
between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred
to as "City" and the Port of Pasco, Washington, hereinafter referred to as "Port."
WHEREAS, pursuant to RCW 39.34, the Interlocal Agreement Act, the City
and the Port may establish an agreement for joint or cooperative actions for the health,
safety and welfare of the citizens and property within their jurisdiction; and
WHEREAS, the Port has the authority by statute to establish and maintain a
Police Department for the enforcement of statutory regulations on Port owned or
operated property and facilities; and
WHEREAS, the City has enacted, by Title 9 of the Pasco Municipal Code,
regulations governing Peace, Safety and Morals (creating misdemeanor and gross
misdemeanor offenses), as well as Title 10 governing Vehicle and Traffic regulations
effective within the City limits of the City of Pasco, including the Port's property and
facilities; and
WHEREAS, pursuant to RCW 53.08.280, Port police officers are empowered
with full police powers to enforce all applicable municipal statutes or rules, regulations
or ordinances upon the Port owned and operated properties; and
WHEREAS, pursuant to RCW 3.50.020, the Pasco Municipal Court has
jurisdiction to adjudicate all violations of City ordinances within the City limits of the
City of Pasco, including those properties owned and operated by the Port; and
WHEREAS, the Port desires that criminal citations and traffic infractions of
City ordinances and violations be cited into the Pasco Municipal Court for prosecution
and adjudication; and
WHEREAS, the City has the discretion and capacity to adjudicate citations the
Port police officers refer for violations of the City's criminal and traffic ordinances into
the Pasco Municipal Court for prosecution and adjudication.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the City and the Port agree as follows:
SECTION I
PURPOSE
The purpose of this Agreement is to set forth, in writing, the terms and
conditions under which the City shall adjudicate within Pasco Municipal Court all
misdemeanor and gross misdemeanor citations and traffic infractions issued by the Port
for violations of Title 9 and Title 10 of the Pasco Municipal Code.
SECTION II
PORT'S GENERAL DUTIES
A. The Port will have the authority to enforce Title 9 and Title 10 of the
City's Municipal Code on all property owned, operated or leased within their authority
lying within the City limits of the City of Pasco.
B. The Port will provide all the necessary support, personnel, transportation
and supplies reasonably necessary to maintain the law enforcement services pursuant to
Title 9 and Title 10 within the Port's authority.
SECTION III
CITY'S GENERAL DUTIES
A. The City will adjudicate all citations issued by the Port pursuant to this
agreement in the Pasco Municipal Court.
B. The City will provide all the necessary support, personnel and supplies
reasonably necessary to process each citation until fully adjudicated.
SECTION IV
PAYMENT
During the term of this Agreement, the local portions of all fines,judgments and
forfeitures resulting from enforcement, criminal prosecution and infractions or any
other work performed by the Pasco Municipal Court or City Prosecutor, shall be the
property of the City.
Interlocal Agreement Pasco Municipal Code—Title 9 and 10
City of Pasco/Port of Pasco-2
SECTION V
INDEMNIFICATION
A. The Port shall defend, indemnify and hold harmless the City and its
officers, agents and employees, or any of them, from and against any and all claims,
actions, suites, liability, loss, costs, expenses and damages of any nature whatsoever,
which are caused by or result from a negligent act or omission of the Port, its officers,
agents, and employees in performing services pursuant to this Agreement.
B. In the event that any suit based upon such a claim, action, loss or damage
is brought against the City or the City and the Port arising from the negligence of the
Port, the Port shall defend the same at its sole cost and expense; and if final judgment
be rendered against the City and its officers, agents, and employees or jointly against the
City and the Port and their respective officers, agents and employees, the Port shall
satisfy the same.
C. The City shall defend, indemnify and hold harmless the Port and its
officers, agents and employees or any of them, from and against any and all claims,
actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever,
which are caused by or result from a negligent act or omission of the City, its officers,
agents, and employees in performing to this Agreement.
D. in the event that any suit based upon such a claim, action, loss or damage
is brought against the Port or the City and the Port arising from the negligence of the
City, the City shall defend the same at its sole cost and expense; and if final judgment be
rendered against the Port and its officers, agents and employees or jointly against the
Port and the City and their respective officers, agents and employees, the City shall
satisfy the same.
SECTION VI
INTERLOCAL COOPERATIVE ACT PROVISIONS
Each party shall be solely responsible for all costs, materials, supplies and
services necessary for their performance under the terms of this Agreement. All
property and materials secured by each party in the performance of this Agreement shall
remain the sole property of that party. All funding incident to the fulfillment of this
Interlocal Agreement, shall be borne by each party necessary for the fulfillment of their
responsibilities under the terms of this Agreement. No special budgets or funds are
anticipated, nor shall be created incident to this Interlocal Cooperation Agreement. It is
not the intention that a separate legal entity be established to conduct the cooperative
undertakings, nor is the acquisition, holding, or disposing of any real or personal
property anticipated under the terms of this Agreement. The City Manager of the City
of Pasco, Washington, shall be designated as the Administrator of this Interlocal
Cooperative Agreement.
Interlocal Agreement Pasco Municipal Code—Title 9 and 10
City of Pasco/Port of Pasco-3
A copy of this Agreement shall be filed with the City Clerk of the City of Pasco
and the Franklin County Auditor; provided, however, that failure to file shall not affect
the validity of this Agreement.
SECTION VII
RELATIONSHIP OF PARTIES
Nothing herein shall be construed as creating any type of a partnership, joint
venture or other principal/agent relationship. The City and the Port are acting in their
independent governmental capacities. All persons employed by the Port and providing
law enforcement services in support of this Agreement shall be the sole responsibility of
the Port. All persons employed by the City providing Municipal Court services, shall
be the sole responsibility of the City.
SECTION VIII
TERM
This Agreement shall take full force and effect on the 1st day of September,
2005, and shall terminate on the 31st day of December, 2008, unless earlier terminated
as provided below. This Agreement shall be automatically renewed for subsequent
periods of one (1) year, unless written notice is given by either party of their intent to
terminate this Agreement at least ninety (90) days prior to the date of termination of that
term or renewal term. Either party, may, without cause, terminate this Agreement by
written notice no less than ninety (90) days prior to the intended date of termination.
SECTION IX
GENERAL PROVISIONS
A. This Agreement supplements and modifies any prior agreement between
the Port and the City relating to the enforcement of the Pasco Municipal Code and, in
the event of any conflict between provisions thereof, shall be considered as superseding
any prior inconsistent revisions contained in earlier Agreements.
B. This Agreement may be amended by mutual written agreement of the
parties.
C. No waiver by any party of any term or condition of this Agreement shall
be deemed or constructed waiver of any other term or condition, not shall a waiver of
any breach be deemed to constitute a waiver of any subsequent breach whether of the
same or a different provision of this Agreement.
SECTION X
APPLICABLE LAW
This Agreement is governed, construed and enforced in accordance with the
substantive laws of the State of Washington. Should any dispute arise concerning the
Inter]ocal Agreement Pasco Municipal Code—Title 9 and 10
City of Pasco I Port of Pasco-4
enforcement, breach, or interpretation of this Agreement, venue shall be placed in
Franklin County, Washington, and the prevailing party shall be entitled to its reasonable
attorney fees and costs as additional judgment.
SECTION XI
AUTHORITY FOR EXECUTION
Each of the parties warrants and representg that its representatives, whose
signatures are below, possess all required authority to sign this Agreement and such
powers have not, as of the date of this Agreement, been revoked or revised.
IN WITNESS WHEREOF, the parties have executed this Agreement in Pasco,
Washington, on the day and year first written above.
CITY OF PASCO, WASHINGTON PORT OF PASCO, WASHINGTON
Gary Crutchfield Bill Clark
City Manager Commission President
Interlocal Agreement Pasco Municipal Code—Title 9 and iQ
City of Pasco/Port of Pasco-S
STATE OF WASHINGTON }
: ss.
County of Franklin }
On this day personally appeared before me GARY CRUTCHFIELD, City
Manager of the City of Pasco, Washington, to be known to be the individual described
in and who executed the within and foregoing instrument, and acknowledged 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 of ,
2005.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
STATE OF WASHINGTON }
: ss.
County of Franklin }
On this day personally appeared before me Bill Clark, Commission President of
the Port of Pasco, to be known to be the individual described in and who executed the
within and foregoing instrument, and acknowledged 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 of ;
2005.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
Interlocal Agreement Pasco Municipal Code—Title 9 and 10
City of Pasco I Port of Pasco-b
AGENDA REPORT NO. 20
FOR: City Council August 10, 2005
TO: Gary Crutchfiel kPub a er Regular Mtg: August 15, 2005
Robert J. Albe WDirector
FROM: Doyle Heath, City Enginee
SUBJECT: Public Works Building Shop Expansion,Project# 04-1-02
I. REFERENCE(S):
1. Resolution
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
08115: MOTION: I move to approve Resolution No. a�$ ' accepting the work
performed by Apollo, Inc., under contract for the Public Work Building
Shop Expansion, Project No. 04-1-02.
III. FISCAL IMPACT:
Sewer Fund
IV. HISTORY AND FACTS BRIEF:
On October 19, 2004, the City Council awarded the Public Works Building Shop
Expansion project in the amount of$127,783.00 to Apollo, Inc. The budget for the
project is $150,000.00. The final cost of the contract was $147,376.38. The
difference was due to eliminating a wall and continuing the ceiling tile, installing a
6" x 9" x 17' beam, installing a 10" insulated flex air duct and other minor items.
The additional work was done keeping within the budgeted amount.
V. ADMINISTRATIVE ROUTING
Project File
3(d)
RESOLUTION NO.
A RESOLUTION ACCEPTING WORK PERFORMED BY APOLLO INC,
UNDER CONTRACT FOR PROJECT NO. 04-1-02.
WHEREAS, the work performed by Apollo, Inc., under contract for Project No.
04-1=02 has been examined by Public Works and been found to be in apparent
compliance with the applicable project specifications and drawings, and
WHEREAS, it is Public Works recommendation that the City of Pasco formally
accept the contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City Council concurs with the Public Works recommendation and thereby
accepts the work performed by Apollo., under contract for Project No. 04-1-02 as being
completed in apparent conformance with the project specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this day of , 2005.
Michael L. Garrison
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT NO. 22
FOR: City Council August 10, 2005
TO: Gary Crutchfi 1 n ger Regular Mtg: August 15, 2005
Robert J. Alber , Pu 1 Director
FROM: Doyle Heath, City Engineer"
SUBJECT: Road 68 & Sandifur Signal, Project# 02-4-02
I. REFERENCE(S):
1. Resolution
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
08/15: MOTION: I move to approve Resolution No. ;29y accepting the work
performed by Sierra Electric, under contract for the Road 68 & Sandifur
Signal Project, Project#02-4-02.
III. FISCAL IMPACT:
Arterial Street Fund
IV. HISTORY AND FACTS BRIEF:
On May 17, 2004, the City Council awarded the Road 68 & Sandifur Signal project
in the amount of $140,918.00 to Sierra Electric. The budget for the project is
$140,000.00. The final cost of the contract was $154,585.80. The difference was
due to adding an additional signal at the intersection of Sun Willows Boulevard &
20`h Avenue, at the new entrance to the CBC Campus. There were also Handicap
Ramps installed.
V. ADMINISTRATIVE ROUTING
Project File
3(e)
RESOLUTION NO. (�-V'% `
A RESOLUTION ACCEPTING WORK PERFORMED BY SIERRA
ELECTRIC, UNDER CONTRACT FOR THE PROJECT KNOWN AS ROAD
68 & SANDIFUR SIGNAL, PROJECT NO. 02-4-02.
WHEREAS, the work performed by Sierra Electric, Inc., under contract for
Project No. 02-4-02 has been examined by Engineering and been found to be in apparent
compliance with the applicable project specifications and drawings, and
WHEREAS, it is Engineering recommendation that the City of Pasco formally
accept the contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City Council concurs with the Engineering recommendation and thereby accepts
the work performed by Sierra Electric, under contract for Road 68 & Sandifur Signal, Project No.
02-4-02 as being completed in apparent conformance with the project specifications and
drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this day of , 2005.
Michael L. Garrison
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT NO. 64
FOR: City Council DATE: 8/11/05
TO: Gary Crutchfi 1 ity anager ` WORKSHOP:
Richard J. S it tar ��? REGULAR: 8/15/05
Community and Economic Development
FROM: David I. McDonald, City Planner?-%,I-
SUBJECT: STREET VACATION- Chestnut Ave Between "A" Street and "B"
Street (MF #05-111-V)
I. REFERENCE(S1:
A. Proposed Resolution and Vicinity Map
B. Vacation Petition
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. fixing 7:00 PM,
September 6, 2005 as the time and date for a public hearing to
consider the proposed vacation.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The owners of property fronting on Chestnut Avenue between "A" Street
and "B' Street have submitted a petition requesting vacation of that
portion of Chestnut Avenue adjacent their property.
B. The petition requires the City Council to fix a public hearing to consider
the vacation request. The earliest regular City Council meeting available
for a public hearing, which provides the statutory 20-day hearing notice, is
September 6, 2005.
V. DISCUSSION:
NONE
VI. ADMINISTRATIVE ROUTING:
3(f)
RESOLUTION NO. �
A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO
CONSIDER THE VACATION OF A PORTION OF CHESTNUT AVENUE
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate rights-of-way; and
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That a public hearing to consider vacating Chestnut Avenue between East "A" Street and
East "B" Street, will be held before the City Council of the City of Pasco in the Council
Chambers of the City Hall, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m.,
on the 6th day of September, 2005. That the City Clerk of the City of Pasco give notice of said
public hearing as required by law.
PASSED by the City Council of the City of Pasco this 15th day of August, 2005.
Michael L. Garrison
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
. VICINITY MAP
AREA TO BE
VACATED
1�l
W. "A" ST
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h
h
h
� h
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� E
4 '
h
h
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E. "B STREET
A E. "B " STREET
A
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E "C" STREET
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1 112 l
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CITY OF PASCO
STREET/ALLEY VACATION PETITION
1, we the undersigned, owners of two-thirds of the privately owned abutting property
hereby petition the City Council of the City of Pasco to vacate the following described
street/alley rights-of-way:
Street of Chestnut between the steets of A & B, a light industrial section of the Owens
addition for the purpose of safety, security and com pliance to the various sections of
the Security Vulnerbility Assessment program dictated by HomeLand Security.
Secondly, it has been brought to our attention by City Planning that the closure of the
street would keep NAP in compliance to city ordinances due to trucks parking in the
street to be loaded and unloaded, therefore,causing possible infractions.
IPAPPLICANT: PROPERTY OWNED: (Legal Description)
?rint Name David .-/Bergevin X Lots 5 to 8 Block 2, Owens Additions
Sign Name -, /�� �- I )'U Lots 3 and 4 Block 2, Owens Additions
Address 8 1'1 chestnut, Pasco, VA� 99301 Lots I and 2 Block 2, Owens Additions
14
Phone#509-547-8234 Date July 20, 2005
Print Name Da W. Bergevin Lots 9, 10, 11, 12 Block 2 Owens Addition
Sign Name
Date i x4ly b, 2005
Print Name W.A. Morgan of 830 S. Chestnut Lots 13, 14, 15 & 16 Block 2 Owens Addition
Sign Name c�
Date July 20, 2005
STREET VACATION APPLICATIONALS
GENERAL FUND OPERATING STATEMENT
THROUGH JULY 2005
% OF YTD TOTAL %OF
2005 2005 ANNUAL 2004 2004 TOTAL
ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL
REVENUE SOURCES:
TAXES:
PROPERTY 4,309,185 * 4,300,000 100.2% 2,055,780 4,092,075 50.2°1°
SALES 3,131,726 + 6,000,000 52.2% 2,882,614 7,412,126 38.9%
UTILITY 3,110,084 5,240,000 59.4% 2,960,202 5,692,668 52.0%
OTHER 295,287 905,000 32.6% 273,472 959,027 28.5%
LICENSES& PERMITS 1,562,749 1,059,950 147.4% 1,484,894 2,267,295 65.5%
INTERGOV'T REVENUE 752,452 764,700 98.4% 808,742 1,272,739 63.5%
CHARGES FOR SERVICES 1,262,475 2,183,800 57.8% 1,240,250 2,227,929 55.7%
FINES& FORFEITS 423,359 700,500 60.4% 415,845 704,355 59,0%
MISC. REVENUE 386,220 607,665 63.6% 317,492 666,246 47.7%
OTHER FINANCING SOURCES 330,901 96,500 342.9% 136,313 344,809 39.5%
TOTAL REVENUES 15,564,438 21,858,115 71.2% 12,575,604 25,639,269 49.0%
BEGINNING CASH BALANCE 5,444,071 5,000,000 6,985,714 6,985,714
CHANGE IN RECEIVABLES 202,450 0 0 -2,622,277
TOTAL SOURCES 21,210,959 26,858,115 79.0% 19,561,318 30,002,706 65.2%
EXPENDITURES:
CITY COUNCIL 48,147 95,575 50.4% 65,697 106,851 61.5%
MUNICIPAL COURT 438,994 868,745 50.5% 442,454 828,372 53.4%
CITY MANAGER 308,425 532,655 57.9% 280,841 478,000 58.8%
POLICE 4,593,406 7,814,005 58.8% 4,330,361 7,467,045 58.0%
FIRE 1,523,448 3,102,415 49.1% 1,588,543 2,712,082 58.6%
ADMIN &COMMUNITY SVCS 2,423,322 3,922,525 61.8% 2,148,771 3,944,541 54.5%
COMMUNITY DEVELOPMENT 641,586 999,330 64.2% 637,029 1,161,131 54.9%
ENGINEERING 633,877 918,980 69.0% 476,228 867,919 54.9%
MISC. NON-DEPARTMENT 2,422,994 6,088,357 39.8% 2,121,086 6,855,213 30.9%
LIBRARY 572,661 797,400 71.8% 472,889 719,901 65.7%
TOTAL EXPENDITURES 13,606,860 25,139,987 54.1% 12,563,899 25,141,055 50.0%
ADD BACK PAYABLES -95,382 -582,420
ENDING FUND BALANCE 1,718,128 5,444,071
TOTAL EXPEND AND END FUND BAL 26,858,115 30,585,126
AVAILABLE CASH BALANCE 7,508,717 6,997,419
Governmental entities are now required (2005)to record the total Property Tax Levy at the beginning of the year.
+ Sales Tax is received from the State 2 months following the sale. The final receipt of sales tax revenue for 2005 will
occur in January and February of 2005 but will be included in 2005 revenues at the end of the year.
PERCENTAGE OF BUDGET ALLOCATED FOR 7 MONTHS 58.3%
Authorized but non-budget expenditures of $418,720 (cumulative)which will effectively reduce �l!��
the ending fund balance.
AGENDA REPORT NO. 65
FOR: City Council Date: August 10, 2005
TO: Gary Crutchfi t Manager egular: 8/15/05
FROM: Richard J. Smi h, Director
Community 8. conomic Develop ent
SUBJECT: Downtown Facade Improvement Program
I. REFERENCE(ST
A. Resolution for Alternate Motion A
B. Resolution for Alternate Motion B
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
8/15/05 :
ALTERNATE MOTION A: I move to approve Resolution No.
increasing the maximum amount of City
funding for facade grants to $20,000 per
application.
ALTERNATE MOTION B: I move to approve Resolution No.
increasing the City share for facade grants to
75%, increasing the maximum amount of City
funding for fagade grants to $20,000 per
applicant and increasing the loan forgiveness
period to 7 years.
III. FISCAL IMPACT
IV. HISTORY AND FACTS BRIEF:
A. At the August 8, 2005 Workshop, the Council discussed the
possibility of modifying the procedures for the Downtown Facade
Improvement Program.
B. Staff has prepared alternative resolutions both of which rescind
the resolution which initially established the program. The other
changes in the two resolutions are:
a. Resolution for Motion A: The only change is an increase in the
maximum amount of assistance from $5,000 to $20,000 per
applicant. [See (g)]
b. Resolution for Motion B: Makes three changes:
i. Increases City share of costs to 75%. [See (f)]
ii. Forgives loan over 7-year period from the current 5-year
period. [See (f)]
iii. Increases maximum City assistance per application from
$5,000 to $20,000. [See (g)]
r
8(a)
Motion A
RESOLUTION NO.
A RESOLUTION RESCINDING RESOLUTION NO. 2816 AND AUTHORIZING
THE ESTABLISHMENT OF A PROGRAM TO IMPROVE THE FAQADES OF
BUILDINGS LOCATED IN THE DOWNTOWN AREA OF PASCO.
WHEREAS, on September 15,2003, the City Council adopted the August 5, 2003 Pasco
Downtown Revitalization Action Plan as a general guide for the revitalization of downtown
Pasco; and
WHEREAS, the Action Plan recommends that facades in the pedestrian shopping core
around 4`h Avenue and West Lewis Street be initially improved by the selective application of a
recommended color palette and improved signage to be followed by more substantial building
improvements; and
WHEREAS, a preferred color palette was compiled by the Pasco Downtown
Development Association (PDDA) with downtown business owner and property owner input,
and
WHEREAS, the City Council has previously allocated $21,000 in Federal Community
Development Block Grant (CDBG) funds to be used to fund a downtown facade improvement
program now, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. The City Council directs the City Manager to develop administrative
procedures and establish a program to provide financial and technical assistance to improve the
facades of buildings within the downtown.
Section 2. The fagade improvement program shall be administered in conformance with
the following principles:
(a) Participation in the program is voluntary. No property or business owner,
shall be required to participate in the fagade improvement program or abide by
its standards unless such owner elects to receive financial assistance from the
program.
(b) Proposals for fagade assistance shall be evaluated by a five member advisory
committee which shall make a recommendation to the City Manager regarding
the award of fagade improvement assistance funds. The Facade Improvement
Advisory Committee shall consist of:
1. The Executive Director of the PDDA, or designee
2. The Community Development Director or designee
3. Three at large members appointed by the Mayor, two of which shall own
property or a business in the downtown.
(c) Applications for assistance shall be evaluated upon the basis of consistency
with the Downtown Action Plan and potential impact on improving the
downtown. More specifically fagade improvements shall:
1. Build a coordinated image consistent with the approved color palette.
2. Promote additional coordination with improved signage and store
graphics.
3. Compliment adjacent building facades.
4. Use color and patterns in a sophisticated, restrained application that
places vibrant colors on small areas (building highlights) and trim
features and uses softer, more subdued or muted colors for the main
building elements.
5. Respects the architectural character of existing buildings and
understand that some fagade materials such as stone, glazed tile, and
brick are better left unpainted.
(d) All applicants for fagade improvement assistance shall be members in good
standing of the PDDA.
(e) Assistance under the program shall be limited to buildings fronting on the
section of 4th Avenue located between Clark and Columbia Streets and the
section of West Lewis located between 3rd and 5th Avenues.
(f) Financial assistance shall be matched by the applicant on a dollar per dollar
basis for eligible costs. The financial assistance shall be in the form of a
deferred payment loan to be forgiven over a five (5) year period at the rate of
20%per year.
(g) The total cost of technical and direct financial assistance shall not exceed
$20,000 per applicant.
(h) The source of financial assistance shall be CDBG and any other funds
appropriated by the City Council. Grantees shall fully comply with all
applicable regulations for the use of grant funds or be declared in default of
the deferred payment loan.
(i) Eligible use of the funds shall be limited to changes to building exterior
facades which are visible to pedestrians; specifically: fagade
renovations/restorations, awnings, canopies, painting , windows, lighting,
entryways, cornices, and signage. Such work shall be consistent with the
Downtown Action Plan.
PASSED by the City Council of the City of Pasco this day of , 2004.
Michael L. Garrison
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
i
Motion B
RESOLUTION NO.
A RESOLUTION RESCINDING RESOLUTION NO. 2816 AND AUTHORIZING
THE ESTABLISHMENT OF A PROGRAM TO IMPROVE THE FACADES OF
BUILDINGS LOCATED IN THE DOWNTOWN AREA OF PASCO.
WHEREAS, on September 15, 2003, the City Council adopted the August 5, 2003 Pasco
Downtown Revitalization Action Plan as a general guide for the revitalization of downtown
Pasco; and
WHEREAS, the Action Plan recommends that facades in the pedestrian shopping core
around 4`h Avenue and West Lewis Street be initially improved by the selective application of a
recommended color palette and improved signage to be followed by more substantial building
improvements; and
WHEREAS, a preferred color palette was compiled by the Pasco Downtown
Development Association (PDDA) with downtown business owner and property owner input,
and
WHEREAS, the City Council has previously allocated $21,000 in Federal Community
Development Block Grant (CDBG) funds to be used to fund a downtown facade improvement
program now, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. The City Council directs the City Manager to develop administrative
procedures and establish a program to provide financial and technical assistance to improve the
facades of buildings within the downtown.
Section 2. The fagade improvement program shall be administered in conformance with
the following principles:
(a) Participation in the program is voluntary. No property or business owner,
shall be required to participate in the fagade improvement program or abide by
its standards unless such owner elects to receive financial assistance from the
program.
(b) Proposals for facade assistance shall be evaluated by a five member advisory
committee which shall make a recommendation to the City Manager regarding
the award of fagade improvement assistance funds. The Fagade Improvement
Advisory Committee shall consist of:
1. The Executive Director of the PDDA, or designee
2. The Community Development Director or designee
3. Three at large members appointed by the Mayor, two of which shall own
property or a business in the downtown.
(c) Applications for assistance shall be evaluated upon the basis of consistency
with the Downtown Action Plan and potential impact on improving the
downtown. More specifically facade improvements shall:
1. Build a coordinated image consistent with the approved color palette.
2. Promote additional coordination with improved signage and store
graphics.
3. Compliment adjacent building facades.
4. Use color and patterns in a sophisticated, restrained application that
places vibrant colors on small areas (building highlights) and trim
features and uses softer, more subdued or muted colors for the main
building elements.
5. Respects the architectural character of existing buildings and
understand that some facade materials such as stone, glazed tile, and
brick are better left unpainted.
(d) All applicants for facade improvement assistance shall be members in good
standing of the PDDA.
(e) Assistance under the program shall be limited to buildings fronting on the
section of 4th Avenue located between Clark and Columbia Streets and the
section of West Lewis located between 3'd and 5t11 Avenues.
(f) Financial assistance shall be for 75% of eligible front costs with the applicant
paying the remaining 25%. The financial assistance shall.be in the form of a
deferred payment loan to be forgiven over a seven (7)year period at the rate
of 14.29% per year.
(g) The total cost of technical and direct financial assistance shall not exceed
$20,000 per applicant.
(h) The source of financial assistance shall be CDBG and any other funds
appropriated by the City Council. Grantees shall fully comply with all
applicable regulations for the use of grant funds or be declared in default of
the deferred payment loan.
(i) Eligible use of the funds shall be limited to changes to building exterior
facades which are visible to pedestrians; specifically: facade
renovations/restorations, awnings, canopies, painting , windows, lighting,
entryways, cornices, and signage. Such work shall be consistent with the
Downtown Action Plan.
i
PASSED by the City Council of the City of Pasco this day of 12004.
Michael L. Garrison
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
i
AGENDA REPORT
TO: City Council August 11, 2005
FROM: Gary Crutchfi ity anager Regular Mtg.: 8/15105
SUBJECT: Criminal Justic Sales Tax Increase
I. REFERENCE(S):
1. Franklin County Resolution No. 2005-303
2. Proposed City Resolution Declaring proposed uses of Tax Proceeds
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
8/15: MOTION: I move to approve Resolution No. , declaring the intended
uses of local sales tax increase if approved by voters in the September primary.
III. FISCAL IMPACT:
See below.
IV. HISTORY AND FACTS BRIEF:
A) Franklin County has been experiencing for some time a worsening financial
circumstance whereby annual costs for operation for the provision of its basic
services continue to increase faster than the County's general resources. Their
fundamental problem is the fact that their primary revenue source (property tax) is
virtually static [it can grow by the lower of 1% or the Implicit Price Deflator (IPD)]
while service costs (wages, medical insurance, felony prosecution costs, fuel, etc.,
etc.) continue to escalate at rates well beyond 1% annually. Those circumstances
have combined over the past few years to the point where Franklin County notified
the US Army Corps of Engineers (USACE) in 2004 that the County would relinquish
control of Chiawana Park back to USACE by the end of 2005 because the County
could no longer afford to maintain the park for public use.
B) In an effort to help resolve the financial difficulty the County is facing, the County
Commissioners recently approved its Resolution No. 2005-303, calling for the voters
to determine whether or not they wish to increase the local sales tax by two-tenths of
one percent throughout Franklin County. The state legislature a few years ago
authorized counties to submit to the voters the option to increase the local sales tax
rate by as much as three-tenths of one percent; Yakima and Walla Walla counties
voters have already approved such an increase. The state law requires that at least
one-third of the revenue collected must be used for "criminal justice purposes"; it
also requires that the county distribute 40% of the proceeds of any such tax increase
to the cities within the county based on the population of the respective cities.
C) The two-tenths increase proposed for Franklin County represents approximately $1.4
million annually throughout the county. Sixty percent of that ($840,000) would be
allocated to Franklin County for its use, while the remaining 40% (about $560,000)
would be distributed to the four cities (Pasco, Connell, Kahlotus and Mesa). As
Pasco's population represents approximately 90% of the incorporated population
within Franklin County, it would receive approximately $500,000 annually.
D) Franklin County has declared, within the body of its resolution, that it would utilize
70% of its share of the additional revenue for "criminal justice improvements" while
the remaining 30% would be used to improve county roads.
8(b)
E) According to the Franklin County Auditor, the sales tax increase question will be
included on the primary ballot on September 20; because the September primary
election will be "all mail," all ballots will be mailed by the auditor on September 2.
Thus, voters should have all information available to them by September 2.
V. DISCUSSION:
A) At the very least, the City Council should approve a resolution which declares the
intended use of the tax proceeds if it were to be approved by the voters. The attached
resolution reflects the general intentions expressed in past Council discussions:
criminal justice (additional police officers and Metro Drug Task Force) and
assumption of Chiawana Park responsibilities. Without such an expression from the
City Council, the voter is left wondering what the proceeds would be used for.
B) In addition to informing the community of its intended use of the tax proceeds if it is
approved by voters, City Council has the, additional option of taking a formal
position in support of or in opposition to the County's ballot proposal. In order to do
so, however, the City Council must first conduct a public hearing at which
proponents and opponents of the ballot question are invited to provide testimony to
the City Council; only upon completion of the hearing, may the City Council take
action to reflect a formal position in support of or opposition to a ballot question.
Given the lateness of the County's action, the soonest such a public hearing could be
conducted (without displacing substantial work scheduled for presentation on August
22) would be to utilize the fifth Monday in August (8129). To do so, Council must
approve a motion fixing such a date and time for a special meeting for the sole
purpose of collecting testimony for or against the sales tax ballot issue; Council
could take formal action following the hearing that evening, but it may be better
advised to wait until a regular meeting the following week (September 6, due to the
Labor Day holiday on Monday). Thus, the soonest a formal Council position might
be publicly known would be Wednesday, September 7, a day after most ballots
would arrive at the households.
C) In summary, staff recommends Council approve the attached resolution declaring the
intended use of the tax proceeds if it were to be approved by the voters. If Council
desires to take a formal position regarding the ballot proposition, it should also pass
the following motion:
• I move to fix 7:00 p.m., Monday, August 29, 2005 in the Council Chambers at
City Hall as the time and place for a special meeting and public hearing regarding
the sales tax increase proposed by Franklin County and whether or not to take a
formal position in favor of or opposition to such ballot proposal.
FRANKLIN COUNTY RESOLUTION NUMBER 2005-303
BEFORE THE BOARD OF COUNTY COMMISSIONERS, FRANKLIN COUNTY,WASHINGTON:
RE: IN THE SUBJECT MATTER OF CALLING FOR AN ELECTION ON THE LEVY
OF A COUNTY SALES AND USE TAX FOR LOCAL CRIMINAL JUSTICE AND
ROADWAY IMPROVEMENTS
WHEREAS, in Franklin County(County)there continues to be an increasing demand placed upon
already overburdened county systems including criminal justice and roadways. Such increasing demands
are attributable to, and not limited to, some of the following: Franklin County's population has increased
by over 20,000 from 1995 to 2004. As a result, this increased population has increased misdemeanor,
gross-misdemeanor, and felony crimes; and increased the use of roadways and demand for public
services; and
WHEREAS, Franklin County lost 1.2 million dollars in revenue due to the Washington State
Legislature's elimination of the motor vehicle excise tax, which previously subsidized the County law and
justice budget. As a result, the County has had to re-allocate funding previously utilized for public services
to subsidize the 1.2 million dollar deficit in the funding, and sustaining of criminal justice services.
Subsequently, the re-allocation of funds away from public services has necessitated significant cuts in
County roadway maintenance and the offering of core county public services; and
WHEREAS, the increase in local population has resulted in increased caseloads for the entire
local criminal justice system including the Sheriffs Department, Prosecuting Attorney, Superior and
District Courts, and the County Clerks' Offices. Due to the 1.2 million dollar deficit the County has been
unable to re-allocate or generate enough revenue to accommodate the increase in caseloads. In addition,
recent rulings by the United States Supreme Court and State of Washington Supreme Court have resulted
in the over-turning of five(5) murder convictions in Franklin County that now require repeat prosecution of
each case before the Franklin County Superior Court. Further, at the present time there are over one-
hundred (100) felony cases set for trial in the Franklin County Superior Court and equally more cases
backlogged due to a lack of resources; and
WHEREAS, County property taxes are limited to a maximum annual growth rate of one (1)
percent of the Implicit Price Deflator (IPD), whichever is lower. In conjunction, inflation is increasing at a
higher rate while the County costs for staff, personnel benefits, and operations have increased at a rate
higher than the local consumer price index. As a result, the funds available for the County have
decreased while the cost of providing services has increased which has resulted in the County being
unable to generate enough revenue to establish County budgets, resources, and services to the
necessary levels for its citizens and increasing population; and
WHEREAS, the 2003 Washington State Legislature noted that local governments are presented
with significant challenges in funding criminal justice services, and hence provided a legal means by which
Counties could seek local revenues to better protect the health, safety, and welfare of its residents.
Washington State Law authorizes the Franklin County legislative authority to submit a proposition to voters
at a primary or general election that would authorize sales and use tax at the rate of two-tenths of one
percent (0.2%) to be collected throughout Franklin County. RCW 82.14.450(1). One-third (1/3) of such
revenue collected must be used for "criminal justice purposes," meaning 'additional police protection,
mitigation of congested court systems, or relief of overcrowded jails or other local correctional facilities."
RCW 82.14-450(4). Further, seventy percent (70%) of collected revenue will be allocated specifically for
local criminal justice improvements, with the remaining thirty percent (30%) of revenue being used to
improve local roadways; and
WHEREAS, Washington State Law requires the revenue received under this proposal to be
shared with sixty (60) percent retained by the County and forty(40) percent to be retained and distributed
on a per capita basis to the Cities therein; and
Franklin County Resolution Number 2005-303 Page 1 of 3
WHEREAS, Washington State Law requires for the passage of this proposal a majority, fifty
percent (50%), of persons voting at a primary or general election must approve. The next primary
election is September 20, 2005; and
WHEREAS, Franklin County will conduct a county wide mail-in ballot election at the next primary
election on September 20, 2005; and
WHEREAS, if the voters approve this proposal on September 20, 2005, the additional sales and
use tax will be collected beginning on January 1, 2006, and jurisdictions will begin receiving revenue in
February 2006; and
WHEREAS, it is the judgment of this Board that a special tax levy of this kind should be indefinite
in duration in the absence of further action by the voters; and
WHEREAS, it appears that the best interests of the citizens of Franklin County and Cities therein
would be served by submitting to the affected voters the determination of whether or not to authorize a
sales and use tax to collect revenue for the aforementioned purposes; now therefore,
BE IT HEREBY RESOLVED BY THE BOARD OF THE COUNTY COMMISSIONERS OF
FRANKLIN COUNTY that a county wide mail-in ballot election be held on September 20, 2005, for the
purpose of submitting to the affected voters the determination of whether or not to authorize a sales and
use tax at the rate of two-tenths of one percent (0.2%), to be levied beginning in 2006 and continuing
indefinitely in the absence of further action by the voters and the proceeds to be shared by the County
and Cities therein for the aforementioned purposes; and
IT IS FURTHER RESOLVED that the Franklin County Auditor is hereby requested to place a
proposition on the September'20, 2005 ballot in substantially the following form:
PROPOSITION NO. 1
FRANKLIN COUNTY
SALES AND USE TAX FOR CRIMINAL JUSTICE AND ROADWAY IMPROVEMENTS
"The Board of Franklin County Commissioners adopted Resolution No. 2005-303,
concerning a proposition for a sales and use tax for local criminal justice and roadway
improvements. This proposition would authorize the sales and use tax in Franklin County
and Cities therein be increased two-tenths of one percent (0.2%) and allocate seventy
percent(70%)of County's collected revenue to improve criminal justice and thirty percent
(30%)of collected revenue to improve roadways. Should this proposition be approved?
Yes........................❑
No..........................E)"
BE IT FURTHER RESOLVED that the Board of County Commissioners of Franklin County
recognizes any resolutions from Cities therein urging support of the local option sales and use tax, which
revenue would be allocated pursuant to Chapter 82.14 RCW, with sixty (60) percent going to the County
and forty(40) percent to the Cities therein on a per capita basis. The allocation for each subsequent year
shall be calculated using the final, official June 30 population figures published by the Office of Financial
Management; and
Franklin County Resolution Number 2005-303 Page 2 of 3
BE IT FURTHER RESOLVED that the Clerk of the Board is directed to provide a copy of this
resolution to the Franklin County Auditor, and each City therein in Franklin County.
Done this 1 st day of August 2005.
BOARD OF COUNTY COMMISSIONERS
FRA CO NNT!� WAS INGTON
0C 3 1'b'-
Frank H. Brock, Chair
N a J. Corkrum air Pro Tem
ABSENT
Robert E. Koch, Member
ATTEST:
Clerk of the Board
APPROVED AS TO FORM:
Ryan E. erhulp�-
Deputy Prosecuting Attorney
Franklin County Resolution Number 2005-303 Page 3 of 3
RESOLUTION NO.
A RESOLUTION declaring the intended uses of the two-tenths local sales
tax increase if approved by voters.
WHEREAS, Franklin County has experienced growing financial difficulty in the delivery of
basic governmental services throughout the county, including the Pasco urban area; and
WHEREAS, the Franklin County Commissioners have advised the US Army Corps of
Engineers (USACE) that it intends to relinquish its lease of Chiawana Park and return said park to
the control and responsibility of USACE by the end of 2005,due to the County's growing budgetary
constraints; and
WHEREAS, the Franklin County Commission has placed a two-tenths sales tax increase
proposal on the September primary ballot which would, if approved by voters, generate more than
$800,000 annually for criminal justice and roadway improvements for Franklin County; and
WHEREAS, the same sales tax increase proposal, if approved by voters, would allocate
approximately $500,000 annually to the City of Pasco; and
WHEREAS, the voters should know the intended uses of the City of Pasco share of the
potential tax increase proceeds, if approved by voters; NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION 1: At least 50% of the sales tax increase proceeds realized by Pasco, if approved
by voters, will be allocated for criminal justice purposes and the city will assume the lease
responsibilities of Franklin County to keep Chiawana Park open to the public.
SECTION 2: The City Manager is hereby directed and authorized to use customary means
of communication with residents to share the information contained herein.
PASSED by the City Council of the City of Pasco this of 2005.
Michael L. Garrison, Mayor
ATTEST: APPROVED AS TO FORM:
Sandy Kenworthy, Deputy City Clerk Lee Kerr, City Attorney
AGENDA REPORT#30
FOR: City Council August 10, 2005
TO: Gary Crutchfi 1 anager Regular Mtg.: August 15,2005
FROM Robert J.Aa4 ublic Works Director
SUBJECT: Award of US 395 and Argent Road Ramp Project—03-3-05
I. REFERENCE(S):
1. Bid Summary
2. Diagram
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
08/15 MOTION: I move to award a contract for the US 395 and Argent Road Ramp Project
Schedules A and B, Project No. 03-3-05, and Port of Pasco improvement
Schedules C and D to Transtate Paving in the total amount of
$1,916,168.74 including applicable sales tax and, further, to authorize the
Mayor to sign the contract documents.
III. FISCAL IMPACT:
Arterial Street Fund
IV. HISTORY AND FACTS BRIEF:
On August 20, 2005 the City received three (3)bids for the SR 395 /Argent Road connection and new
road improvement on the airport property for the Port of Pasco (Port). The SR 395 /Argent Connection
portion of the project was shown as Schedules A and B in the bid proposal. Schedule A is for the
majority of the project and Schedule B is for the portion of the work that sales tax applies such as utility
improvements. The Port's portion of the project was shown as Schedules C,D,E, and F with
alternatives. Schedules A and B costs are shared by the City, Port of Pasco (Port), and Columbia Basin
College (CBC). All other schedules are for improvements that serve the Port's new industrial site and
are the full cost of the Port. Determination of the low bidder is based on the combined bid for
Schedules A, B, C, and D with the alternate.
The bid proposal from one of the bidders, Inland Asphalt,was not prepared properly in accordance with
the Contract Document and is considered non-responsive. The other two bids were responsive. The low
bidder was Transtate Paving with a combined bid of$1,911,168.74. The Engineer's estimate was
$2,104,013.00.
The portion of the low bid that is pertinent to the City is the $1,087,405.30 for Schedules A and B.
Approximately$140,000 of this will be a direct cost to the Port leaving approximately $947,405 to be
shared equally by the City and two partners. The amount spent to date on design, etc., is approximately
$200,000 bringing the total costs to be shared to approximately$1,147,405. The City's share would be
roughly$382,468. The City budget for this project is$410,000.'
The Port has asked for Schedules C and D to be awarded without the alternate in the amount of
$828,736.44. The Port will pay the direct costs for Schedules C and D. Modifications or new
agreements may need to be executed with CBC and the Port. Both CBC and Port representatives have
verbally agreed to the costs and recognize the need to award the contract.
Staff recommends Council award a contract for Schedules A, B, C, and D in the amount of
$1,916,168.74 including applicable sales tax to Transtate Paving.
V. ADMINISTRATIVE ROUTING:
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AGENDA REPORT NO. 21
FOR: City Council August 10, 2005
TO: Gary Crutchfi ily Manager Regular Mtg: August 15, 2005
Robert J. Alber s, rks Director
FROM: Doyle Heath, City Engineer
SUBJECT: Broadmoor Blvd/Sandifur Improvements, Project# 05-3-05
I. REFERENCE(S):
1. Bid Summary
2. Vicinity Map
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
08115: MOTION: I move to award the low bid for the Broadmoor
B1vd/Sandifur Improvements Project to Transtate Paving in the amount
of.$111,160.00 and, further, authorize the Mayor to sign the contract
documents.
III. FISCAL IMPACT:
Arterial Street Fund.
N. HISTORY AND FACTS BRIEF:
On August 10,2005, staff received two bids for the Broadmoor Blvd/Sandifur
Improvements Project. The low bid was received from Transtate, in the amount
of$11 1,160.00. The other bid received was in the amount of$124,500.00 from
Inland Asphalt. The Engineer's estimate was $100,000.00. The 2005 budget is
$75,000.00.
The scope of work for the project involves adding an approximate 200 foot right
turn lane to Broadmoor Boulevard (RD 100) from 250 feet south of Sandifur, to
Burden and east on the south side of Sandifur Parkway for 200 feet, a free right
turn lane onto Sandifur Parkway, and signage with flashing lights similar to the
20th Avenue and"A" Street intersection. The improvement will allow traffic
north bound on Broadmoor a free right onto Sandifer; traffic west bound on
Sandifur a free left onto Broadmoor; all other traffic will be required to stop and
yield.
Staff recommends award of the contract to Transtate and add$45,000.00 to the
year end supplemental budget.
V. ADMINISTRATIVE ROUTING
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