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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 h h h h � h � � h h � E 4 ' h h h � E. "B STREET A E. "B " STREET A z E "C" STREET hih h i h� 1 112 l h h 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: Project File 1Q(a) p O o i. w o 0 ❑ m U � co OC Q r w "I o Er+ 00 ¢ C') 3 rn ° Q + N N W U 0 (n + FA Q + mQ Co Q c O W OD cr) ca W ❑ Y N w �v ri LL. v o� 00 rn ad co 't W NOD a ❑ F- v cq o °a co m LO p N CF) N 00 a) U Y W N � O ° a � �[ o CL w ❑ CO 00 (L o r r 00 C6 U o co o ? p Q 61)1 z ° o ❑ � o wUp co wN o ccw cn o cn H co cD n W T p U c Q O z °� w a ao Oate. UJ Q o a: a U) X r C r a) Cl) N � EA J J O U x x x Z O Z ❑ Z O x x x a F3 d x x x p a p x x x w 0 m ;r z !'- O F a w Q w Q 2 m z Q z LU D 0-w U) cn W U Q Q °� W O z w z z z Q 15 O Ir O z U ►-I a. w JI IF 71.17: F � 'rc t. r � i J y ��-_., t�n lam .a - ��~ A AY — .Z � •a..,' ` •% •�'`�:. lit��� �.� 4' `�' �` '� r� ��F"��"' � ��:-'• '. •�! � --� �� .w "� ;_ yam• P ;,: p ` :. =5` w _ L .✓ i 7' ,'S US.t I cn • • s r b , ASx° '.:ayL n i��, _ � a}.{.t:e✓r',F ICi.. -.{: .C,:: { 1 J ,1 Firr kit ���yM �r � J iI� `l`IIf-1 x4'.� .� f•: 1.�� {i L,AI'•. ,� is iO,,ax+h LZ 1 t4� t w 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 Project File 10(b) uj o C0 a s (D w m o a { r co It } T N N LL C v to + N m a .— Cl) � r � 1 rn a Cri LL ca w ❑ T (� T M w w co o CD ❑ Y Y J M CD M co to ❑ co N U Y w 7 O o c° oC o C� CL CM ❑ cMO a CL o tl. T co CD V 0NO o o ❑ a cn O N r boa } a � s4 M O W m o (am) co 4 0 d o co O Ct w a 0 o rn Ul) am N r� ❑ to J J O V x x x z O z ❑ z m x x x ❑ m ❑ x x x 0 a ff p x x x w ❑ ° a ° as w cn • w 0 ►- a_ w k ¢ w a T- z z 0 O CL w rn w ~ Q Q~ ¢ °� w O cn z z w z Q 15 O cc O z U ? �-1 0 w . , • / BLVD./SANDIFUR IMPROVEMENTS PROJECT NO. 05-3-05 VICINITY MAP PROJEcr 1 1 SANDHIM - _ EAD RM 7 NT SkNDIFtp-PARKWAY E _ EDGE OF FAVE309- SOLID 1 1 _!'