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HomeMy WebLinkAbout2006.01.09 Council Special Meeting Packet AGENDA PASCO CITY COUNCIL Special Meeting 7:00 p.m. January 9,2006 1. CALL TO ORDER. 2. ROLL CALL (a) Pledge of Allegiance. 3. BUSINESS ITEMS: (a) School District Levy/Bond Propositions: 1. Agenda Report from Gary Crutchfield, City Manager dated January 5, 2006. 2. District Levy/Bond Proposition Information Sheet. CONDUCT A PUBLIC HEARING 4. ADJOURNMENT. AGENDA REPORT TO: City Counci January 5, 2006 FROM: Gary Crutch anager Special Mtg.: 1/9/06 SUBJECT: School District evyBond Propositions I. REFERENCE(S): 1. District Levy/Bond Proposition Information Sheet II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/9: Conduct Public Hearing and determine whether or not Council desires to take a formal position in support of or opposition to the School District's Levy/Bond Proposition. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: A) The School District relies on a local operating levy to provide sufficient property tax income to balance the School District's operating budget for the delivery of its educational services to the community. The operating levy compliments the state allocation of funding for basic education. Without the local operating levy, the quantity (and, to a great extent, the quality) of education services in Pasco would decline. The operating levy is presented to the voters of the District (including all properties within the City of Pasco) every two years; the current proposal will be decided by voters on February 7. B) In addition to the perennial operating levy, the District is presenting a bond proposition to the voters on February 7 as well. The bond proposition requests a special additional property tax levy to retire a 20-year borrowing of$83 million, the proceeds of which would be used for the variety of projects listed in the attachment. Most notably, $62 million of the bond proposition is earmarked for the second high school, a project long discussed in the community. C) Mr. Mike Miller, Chair of the District's Levy/Bond Proposition Committee, has requested that the City Council take a formal position in support of both of the ballot issues. State law requires the City Council to conduct a public hearing for the collection of citizen input on the matter before deciding whether or not to take a position, either for or against, any ballot proposition. Per Council direction, a special meeting and public hearing notice was advertised in the Tri-City Herald and provided to the media to advise the community of the public hearing at 7:00 p.m., Monday, January 9. V. DISCUSSION: A) Following collection of public input through the public hearing, Council should reach a general consensus on whether or not it desires to take a position and, if so, the general character of that position. In doing so, staff will be able to prepare an appropriate formal resolution to reflect the general consensus of the Council, for formal Council action at its regular business meeting January 17. If Council delays action beyond that date, it would likely be too late to inform many of the voters, as the voting ballots are anticipated to be in the mail by January 20. B) Council is not obligated to take a position on the matter; however, if it desires to take one at all, the foregoing procedure will accommodate it. 3(a) MAINTENANCE AND OPERATIONS LEVY ELECTION Replacement Levy Facts On Tuesday, February 7, 2006, Pasco citizens will vote for two separate,but important, issues impacting children in our community. Voters will be asked to approve a replacement Maintenance and Operations Levy and a Capital Improvement Bond. Read on to learn more about replacement of the expiring Maintenance and Operations Levy. What is a Levy? ► A levy pays for day-to-day educational programs and operations and makes up the difference between the cost of educating Pasco's students and the funding received from the state and federal governments. ► This levy replaces the levy expiring in 2006, which was approved by the voters in 2004. It is not a new tax. ► Levies run for two years; thus, the district must run a levy election every two years in order to replace the one that is retiring. ► If voters approve the levy, the state would provide an additional $6 million each year for Pasco students through levy equalization funds. If the levy fails, Pasco students lose both the local and state funding. ► The levy rate, estimated at$4.45 per$1,000 of assessed value, is the same amount the district advertised in the February 2004 levy election. Historically the actual rate has been lower than the estimated amount. The Maintenance and Operations Levy pays for functions not provided by state or federal resources: The local replacement levy and state levy equalization funds represent 16% of Pasco ► All or part of music,drama,and art programs; School District's operating budget. ► Librarians and library books; ► Counselors, school nurses, and partial cost of home visitors; J 16% ► Interscholastic sports,academic teams, and school clubs; ► Teaching material's,,:. 17% State Grants ► Pathways program; ► Gifted programs; ► Special reading and math assistance programs; 13ojo ► Paraeducators not}laid for by the state; ` ► Maintenance and custodial supplies and equipment; Federal ► Classroom equipment; Grants ► Utilities, insurance, substitute teachers; and ► A portion of the cost of student transportation. State Funds A LOOK AT THE NUMBERS Tax Year Local Total Rate/$1000 State Dollars* Total ¢ 2007 $11,900,000 $4.45 $5,900,000* $17,840,000 2008 $12,475,000 $4.45 $6,100,000* $18,575,000 ' Received from state only if the local levy is approved. Y" �o�GN00L 0IST9C1 i 4 � ESTABLISHED 1885 Str SCh4v-04 3 ud&St-rOJA91 CCPT l,nttiY Wit CAPITAL IMPROVEMENT BOND ELECTION Bond Facts On Tuesday, February 7, 2006, Pasco citizens will vote for two separate, but important, issues impacting children in our community. Voters will be asked to approve both a replacement Maintenance and Operations Levy and a Capital Improvement Bond. Read on to learn more about the Capital Bond. What is a Capital Bond? ► Bond issues provide funding for capital projects, such as new school construction,facility renovation, or purchase of land. ► Bonds are only run when capital needs exist, such as for a new school. ► Bonds are new taxes and are typically paid over 20 years, similar to a mortgage. ► Bond funds can never be used for anything other than capital projects. ► Approval of the bond would provide an estimated additional$35 million in state matching funds. ► The local tax rate would be an additional 71d per$1,000 of assessed property value. ► The proposed bond measure would provide the school district with $83,432,200 to fund the projects below. Here's where your money will go: Estimated Rate/$1000 Construct a new high school 53¢ Let's do the math. Renovate Pasco High School 8¢ Purchase land and site design for Property owners will be assessed 710 per each future elementary and middle schools 3¢ $1,000 of a property's Improve Fdgar Brown Stadium to assessed value.. i accommodate two high schools 2¢ If your property is assessed at Improve Transportation&Maintenance facilities 2¢ $100,000, you Will pay an additional $7 1`per year, or Replace water pipes at four schools and approximately$6 per month. hook up two schools to city sewer 10 Purchase additional classrooms 2¢ Total 710 per$1,000 V yC:NUtIL O!8`��A For additional information contact the Pasco a� 1 School District Public Affairs Department at ,,. 546-2807 or visit our web site at www.psdI.org. ESTAB6ISHE AGENDA REPORT TO: City Council January 6, 2006 FROM: Gary Crutchfi 1 anager Workshop Mtg.: 1/9/06 SUBJECT: Baseball Stadiu Improvements I. REFERENCE(S): 1. Memorandum from Administrative &Community Services Director to the City Manager dated 12/28/05. H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 119: Discussion III. FISCAL IMPACT: See below. IV. HISTORY AND FACTS BRIEF: A) Pasco constructed its professional baseball stadium adjacent the TRAC facility in 1995 (just in time to accommodate the opening game of the 1995 inaugural season of the Western Baseball League). The facility cost approximately$3 million and was financed by the use of approximately $1.5 million in hotel/motel tax receipts previously accumulated and the balance in the form of a bond issue (the repayment of the bond debt is largely covered by the annual receipts from the hotel/motel tax). B) The stadium is now 10 years old and is beginning to show signs of wear. More notably, however, has been the experience of several different operating tenants that have consistently expressed concern with the effect of the sun on spectator seating. In an effort to determine how to best resolve those concerns as part of a comprehensive review of improvement needs at the stadium, the current stadium tenant and city obtained a consultant's report. The attached memorandum from the Administrative & Community Services Director outlines the findings of the consultant and provides a clear summary of the recommended improvements and the associated cost estimates (the cost estimates have been adjusted to reflect the market influences noted in the memorandum,resulting in a new total cost estimate of$1.8 million). C) Over the course of the past year or so, the city of Tacoma (which owns a larger but minor league professional baseball stadium) has urged the state to provide a relatively modest level of funds to those communities which have minor league professional baseball stadiums in the state to assist with the capital improvements necessary to sustain minor league baseball in those communities. In addition to Tacoma, such stadiums exist in Spokane,Yakima, Everett, Bellingham and Pasco. V. DISCUSSION: A) Pasco is still faced with about 10 years of debt service obligation from the original construction debt. The more substantial stadium improvements cannot (or should not) wait until the original debt is paid off. The tenant (just as experienced in any minor league stadium in this state) cannot bear the cost of the capital upgrades. Perhaps the most likely scenario to accomplish the improvements is a combination of the tenant, city and state to accomplish most of the recommended improvements. Without being part of a collective effort (such as Tacoma has suggested), the likelihood of obtaining state funds is nil. B) The principal of Northwest Baseball Ventures (Andy Billig) will attend the workshop meeting to share with the City Council the tenant's perspective on this matter. Staff requests Council discussion of the matter and, if appropriate, some direction as to the potential involvement in an effort to obtain state funding assistance. 3(a) MEMORANDUM TO: Gary Crutchfield, City Manager FROM: Stan Strebel, d r '' st ive and Community Services Director I 1 DATE: December 28, 2005 RE: Baseball Stadium Improvements and Capital Upgrades Following the approval of the new lease for the baseball stadium with Northwest Baseball Ventures of Spokane (taking over the team and the facility from Portland Family Entertainment) the City and NWVB undertook a study to determine the nature and cost of future improvements that might prove to be warranted as we began the second 10 years of operational history at the stadium facility. Mr. Greg Prelogar, a baseball facility consultant from Phoenix, Arizona, was commissioned to review the condition of the stadium and make recommendations. The City and NWVB agreed to split the $9,000 cost of Mr. Prelogar's study, which was completed in early 2005. As you know, the most common concern regarding the facility, raised not only by NWBV, but its two predecessors, is the fact that at a typical evening game start time the angle of the sun is such that it makes the third base side of the stadium unbearable for most spectators. This, of course, significantly impacts the team's ability to attract fans to the facility and the ultimate success of the team itself. Obviously, the City's ability to continue to pay off its debt associated with the facility and fulfill its goals of providing recreation opportunities and economic development in the community is tied to the success of the team. A primary focus of the study on potential improvements, therefore, was on addressing the third base sun problem with a possible "shade canopy". In addition to specifically reviewing this issue, Mr. Prelogar looked at 1) site and landscaping needs, 2) additional spectator seating needs and opportunities, 3) team and field related improvements, and 4) possible building improvements. In all, a total of nearly one and a half million dollars worth of potential improvements was identified. These are summarized in the attached descriptive summary according to each of the four categories as listed (It should be noted that during 2005, as part of its capital expenditure commitment under the lease, Northwest Baseball Ventures installed two field level boxes on the first base side as described in Mr. Prelogar's report). Since the study was done using construction prices which are now approaching two years old, we asked Mr. Prelogar to suggest how the figures might be updated. According to him, construction costs normally rise about 6%per year. Additionally, in the past 2 years, steel prices have risen by as much as 200-300%, while concrete prices have risen by 75-100% according to Mr. Prelogar. Based on this experience,he has suggested that, for budget purposes, the "shade canopy" (an improvement with major steel elements) estimates be inflated by another 50%. Applying these adjustments, the "shade canopy" improvement(first two lines under Spectator Seating in the attached cost summary) costs would be adjusted from $240,000 to $404,496 and from $85,000 to $143,259, respectively. improvements which require less concrete or steel would probably affected by inflation at close to 12%. While a number of the proposed improvements are suggested to address specific problems or to make the stadium more fan friendly, other improvements are simply necessary to replace facilities that have worn out or are no longer adequate. It would be relatively simple to prioritize the total list of proposed improvements into categories ranging from most critical to least critical with the development of a corresponding cost/benefit identified for each. Concurrent with the City's review of possible capital improvements at the stadium, there has also been a movement among communities in the state that own similar facilities to approach the state legislature for some sort of funding to improve and maintain minor league baseball facilities as a part of the state's commitment to overall economic development. Pasco has provided input on its capital needs as different legislative options have been explored by several communities. As you know, there continues to be an effort, led largely by the City of Tacoma, to introduce legislation in the upcoming session that will provide some funding in this regard. With this background, it may be prudent to consider the recommendations of Mr. Prelogar's report with the City Council to decide what direction, if any, the City should be taking at this time. Thank you. Tri-City Stadium Potential Improvements MODIFICATION DESCRIPTIVE SUMMARY BUDGET 71tell.andscapin Trees 1n Parkin Main Paved Parkin�Area,813 Trees $304.00 each in existirt Curbed Planter Islands --26,400 Trees at Parking Perim. E of Parking I of from Stadium to Burden f2oad,66 Trees $300.each $ 19,800 Gen.Landscape,Tress West P 'ect Limits,Fist ht Field Side,9 Trees $300. sash $ -- - 2,700 Gen.Landsga ,Grass Kids'R F.Pia Area 3,400 S +Area behirnd trans Clubhouse 6,500 SF7 @ F $ -- - 2,375 Gen.Landsca %Shrub Add shrub rows at tGds'Area and bettktd ctubhotrse,54(5 gal.containers} $20.each $ T 1,080 Irrigation .Ai indicates irric, tion in place"FOR FUTURE USE' l,Mod' to d ' all ants $ 2,170 EntrylConcotne Slgn' Team/Stadium identification at .ticketladminM-ation,conwurse directional $ 9,000 Subtotal 63,525 Spectator Seating Shade Cano ,Sea" First Base side,175 fL long.new steel construction over existing steel structure,see dwgs, $ 240,000 SOS, Shade Canopy,Extend Over exist Party Pavilion to perrnanentttr replace shade screen all new steel construction $ 85,800 i 43�dV° Boxes Above Crossaisie 4 Frst Base side.remove(3)rows of benches in(2)center sections,new peft.const $ 20,000 Boxes at Field Level 4 First Base side,new Perim.Conte new new field rays/ tee $ 30,000 Group Party Area Field Level,capacq 40,first base We ,new concrete and block,field rails,elect $ 27.000 Stair to Field Straight run from end of first base cross aisle to field level,concrete with painted rail s $ 1,500 S tc,Party ion From cross aline,first base side,concrete T!LsL,painted rails $ 1,000 Ramp Access to Field From Cross aisle,fist base side,isolate B2 I' t,Corxete const'pairded raid $ 7 Home Run Porch Right Field Comer,ca . 140,new concrete const_,ramps,rails,drink shelves eiecL $ 335,000 Sidewalk,RF Area Aces from ramp landinglGroup Party areas to Home Run Porch toilet apron ret walllrails $ 9,400 Toilet Roams RF side North end of Party Pavilion,stor for aw-B-Q supplies,plumbing access,ventilated $ 83,000 Oar-&Q Cp2q Pavilior North end,permanent coast. gas fired,beer tap1stainless sfi.counters in front $ 8,500 New Chair Seating Remove benches.reins alum.pla tforms,mount new 20"chairs,+new seat areas $105/ea $ 249,480 S pe=W Area FFBE Ash containers for Concourse,Trash cans,tabkmjdmks for Home Run Porch(Allowance) $ 30,000 Spectator Area SQrMe Spectator Area way-find] ,tickst/concession,foul troll warnings,Wmistenticustom made $ 18,000 Subtotal 1,144,9$0 4 1130118D TeamlFteld Related u Repair Pla ' Field Accommodate improvements-RF lane turf Cuts, tianldra' OF wall,foul S 25,000 D t S l Pr _ e concrete,install rubberized extend up corridor to ckrbtause,bosh du $ 16,000 Bat(Helmet Rados 18 helmets,24 bats,wood cabirift both outs $ 5,000 Player SernChes New ah,mim m bench witty back shelf,both gouts,new aluminum bench,both bull $ 4500 FOtr t Front Rays F! rait frame at field side with backstop net material panel fill,2 0 ,both outs $ 4,900 New BaCksto Net R re exis' nettin with 18 .nylon marine net.tied to each support centers $ 12,000 Extend Sound System Add new suppout e/s ere at Home Run Porch,repair! ce exis corn newts $ 6,500 Subtotal 73,900 Sul Idi Ticket Office Expansion Add approx.555 SF $140VSF hclucl toilets),remodel approx.700 SF 0$40/SF $ 105,700 Upgrade 1st Base Suite New foul bad proot windows remove protective netting). faint,Cabinetry Atkawance $ 8,500 PresslTelecastArea Ca t, ' t,cabins Allowance) - $ 6,Sfl0 Renmdel 3rd Base Suite New foul Bali proof windows,Carpet, int.cabin V ,add toilet,convert to media workroom $ 13,000 Subtotal $ 133,700 SUMMARY Sitelt.arxlsCa " Subtotal all Items -- - -�_ $ 63,525 S 'for Sea Subtotal am items V �- $ 1,144,980 11441(,� WTeamlMeld Related Subtotal all items _ - -- $ 73,900 rua adi Total gu Subtotal all items -- __- $ 133,700 }$fir/ 1,416,105 I �3i a27A Dust Devils Stadium Budget Summary 13 AGENDA REPORT NO. 2 FOR: City Council Date: January 6, 2006 TO: Gary Crutchfi Manager Workshop: 1/9/2006 Regular: 1/17/2006 FROM: Richard J. Smi , Director Yk( Community & conomic Development SUBJECT: Support for Benton-Franklin County Homeless Housing Plan I. REFERENCE(S): A. Resolution B. Homeless Housing Plan, 2006-2015 (Council Packets only - Copy available in the Community Development Department for public review) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/9/2006: DISCUSSION 1/17/2006 MOTION: I move to approve Resolution No. supporting the Benton-Franklin Homeless Housing Plan for 2006-2015. III. FISCAL IMPACT None. IV. HISTORY AND FACTS BRIEF: A. HB 2163 authorized a $10.00 document surcharge which is to be used to address homeless issues. Counties began collecting the surcharge on August 1, 2005. Under the State regulations, 60% of the surcharge goes to the County in which it is collected to be used for preparing a homeless plan (goal to reduce homeless population by 50% in 10 years) and funding assistance programs. The rest of the money goes to the state or is used to offset collection costs. B. Benton and Franklin counties contracted with the Community Action Committee (CAC) and directed them to prepare a plan for reducing the Tri-Cities homeless population by the State mandated December 31, 2005 deadline. C. At the December 5, 2005 meeting the City Council approved an Interlocal Agreement with Franklin County and other cities regarding local homeless housing programs/plans. Under the terms of the Interlocal each of the cities is asked to pass a resolution to join and support the County approved homeless housing program/plan. D. Both Benton & Franklin Counties have approved the 10 year plan created by the Community Action Committee (CAC) (see Exhibit A). V. DISCUSSION A. Under the State Statues establishing the Homeless Program, the City has the opportunity to join and support the County plan or to formulate its own plan. If Pasco elected to opt out of the County Plan, a portion of the funding collected as a result of the document surcharge would accrue to the City for the preparation/ implementation of its own plan. 3(b) B. Funding for the implementation of homeless plans is very limited. It is estimated that only $51,000/year (60% of $85,000 surcharge) would be available to Franklin County for plan implementation. If the City elects to opt out of the County Plan, a percentage of the surcharge assessed, which is equal to the percentage of the City's local portion of the real estate excise tax collected by the County, would be transmitted to the City. These funds would be used for program costs which directly contribute to the goals of the City's homeless housing plan. The County Treasurer estimates the City's share of the excise tax is approximately 16 percent. If this figure were applied to the estimated $85,000 available, the City would receive only $13,600 (16% of $85,000 total surcharge) of which 6% could be used for administration. C. Opting out of the County plan would present a number of challenges. More specifically: (1) There is no City staff with expertise in homeless issues. As such, the City, like the County, would have to separately contract with an agency such CAC or the Housing Authority. (2) The surcharge funding available would be insufficient to meet the State goal of reducing homelessness by 50% in two years. Other sources of funds would have to be identified. (3) Homelessness is a regional issue that would be difficult to address with Pasco preparing a separate plan. D. The County plan prepared by Community Action Committee (CAC) is very general in nature. Notable aspects of the plan are as follows: (1) An early goal is to establish a "home base" which is a one stop shop for people seeking assistance. Information on housing, life skills, substance abuse programs, and the like would be provided. (2) Increase the supply of affordable housing units primarily through the use of rental assistance vouchers. (3) Work with relevant institutions to improve discharge programs from local jails, hospitals and institutions. E. The Plan does contain a series of charts which shows the actions and estimated capital and annual operating costs of reducing homeless- ness by 50% by 2015. The annual operating budget is estimated to total just under $1.1 million. The specific source of funds is not defined, but potentially includes City general funds, CDBG, HOME and a variety of State/Federal categorical grant programs. F. Judith Gidley, Executive Director of the CAC, will be in attendance at the workshop to answer any questions which may arise. G. A Resolution supporting the County's plan is attached. It should be noted that the Interlocal Agreement with the County can be terminated on 90 days notice. If as the plan is implemented, the interests of the City and County diverge, this option would be available. Staff recommends that the resolution be approved. EXHIBIT A RESOLUTION NO. A RESOLUTION SUPPORTING THE BENTON-FRANKLIN HOMELESS HOUSING PLAN FOR 2006-2015. WHEREAS, the Washington State Homeless Housing and Assistance Act of 2005 (HB 2163) mandates that all counties in the State complete plans for the reduction of homelessness; and WHEREAS, Benton Franklin Community Action Committee has prepared a Continuum of Care System for Benton and Franklin counties for the period 2006-2015, and WHEREAS, on December 5, 2005, the City Council approved an interlocal agreement with Franklin County and other cities regarding local homeless housing programs/plans, Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council joins with and supports the Benton Franklin 10 year Homeless Housing Plan, 2006-2015. PASSED by the City Council of the City of Pasco this day of , 2006. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT FOR: City Council December 12, 2005 TO: Gary Crutchfie anager Workshop Mtg.: 1/9/06 Regular Mtg.: 1/17/06 FROM: Stan Strebel, s rative and Community Services Dir SUBJECT: Amendments to Pasco Municipal Code Regarding Dangerous and Potentially Dangerous Animals L REFERENCE(S): A. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/9: Discussion 1117: MOTION: I move to adopt Ordinance No amending Title $.02 of the Pasco Municipal Code regarding Dangerous and Potentially Dangerous Animals and to authorize publication by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) The past several months'experience, with increased emphasis on dangerous and potentially dangerous animals, due to the City's new regulations regarding pit bulls, has brought some loopholes in the law to the attention of staff. These are addressed in the attached ordinance as follows: 1) The Code currently includes as part of the definition for a "potentially dangerous animal" an animal which chases people, in a menacing fashion, on up blic properties but overlooks the possibility that such event could occur on the private property of someone other than the owner of the animal. Section 1 of the proposed ordinance includes this language on private property in the definition. 2) Staff has noted that it is possible for individuals to purchase insurance in the amount of at least $250,000, as required by state statute for dangerous and potentially dangerous animals, with extremely high deductibles and without the requirement that the City be notified in the event of a non-renewal or cancellation. Staff feels that if insurance is required, there must be reasonable safeguards to assure that it is available in the event that it becomes necessary. Section 2 of the proposed ordinance addresses this concern by placing a maximum deductible amount ($2,500) on such policies and requiring that the City be notified in the event of cancellation or non-renewal of such policy. B) Staff recommends adoption of the proposed ordinance. 3(c) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Section 8.02.010 Entitled "Definition of Terms" Defining "Potentially Dangerous Animal" and Amending Section 8.02.320 Subsection (5) Providing for a Maximum Deductible for Liability Insurance Coverage THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 8.02.010 entitled "Definition of Terms Subsection (14) "Potentially Dangerous Animal" of the Pasco Municipal Code is hereby amended and shall read. as follow: (14) "Potentially Dangerous Animal" means any animal that when unprovoked: (a) inflicts injury on a human or a domestic animal, or (b) chases or approaches a person upon the streets, sidewalks, er any public grounds, or_upon private property other than that of the animal's owner, in a menacing fashion or apparent attitude of attack, or (c) has a known propensity, tendency, or disposition to attack, or to cause injury or otherwise to threaten the safety of humans or domestic animals or (d) is a Pit Bull Terrier which means any American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier so as to be identifiable as partially of the breed American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier. (Ord. 3714 Sec. 1, 2005). Section 2. That Section 8.02.320 entitled "Wild, Potentially Dangerous and Dangerous Animals" Subsection (5) "Permit Required" of the Pasco Municipal Code is hereby and shall read as follows: (5) Permit Required. No person shall have, keep or maintain any wild, potentially dangerous or dangerous animal without first obtaining an annual permit from the poundmaster. The fee for such a permit shall be in addition to the regular annual license fee. A permit will only be granted if the applicant has provided and maintains: (a) a proper enclosure to properly and safely confine the animal as determined by the poundmaster, (b) a conspicuously posted sign on the premises which clearly warns the public and children that there is a wild, potentially dangerous or dangerous animal on the property, (c) $250,000 surety bond issued by a surety insurer qualified under RCW 48.28 in a form acceptable to the poundmaster payable to any person injured by the wild, potentially dangerous or dangerous animal; or liability insurance, such as homeowner's insurance, issued by an insurer qualified under Title 48 RCW 419 in the amount of at least not less than $250,000 with maximum deductible coverage_not to exceed $2,500 in a form requiring notice to the City of cancellation or nonrenewal of such policy not less than 30 days prior to its date of cancellation or expiration, insuring the owner for any personal injuries or property damage inflicted by the animal, and (d) proof that all surrounding property owners and occupants have been notified and given an opportunity to comment on the Ordinance -1 confinement plans. Section 3. This Ordinance shall take full force and effect five (5) days after its approval,passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this day of , 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Webster U. Jackson Leland B. Kerr City Clerk City Attorney Ordinance -2 CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. is an ordinance amending Section 8.02.010 of the Pasco Municipal Code regarding"Definition of Terms" and amending Section 8.02.320 Subsection(5). Section 1. Amends the definition of Potentially Dangerous Animal. Section 2. Provides for a maximum deductible for liability insurance coverage. Section 3. Provides for an effective date 5 days after publication. The full text of Ordinance No. is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P. O. Box 293, Pasco, Washington 99301-0293. Sandy Kenworthy, Deputy City Clerk AGENDA REPORT For: City Council Date: 12/19/05 To: Gary Crutch 4 , Manag W/Shop Mtg: 01109106 From: Denis Austin, Chief of Police Reg. Mtg: 01/17/06 Subject: 2046 Interlocal Agreement for Correctional Facilities Use I. References Proposed Agreement II. Action Requested Of Council I Staff Recommendations: 01117 Motion: I move to approve the Interlocal Agreement with Franklin County for Correctional Facilities use and, further, to authorize the Mayor to sign the agreement. III Fiscal Impact $1,200,000 IV History and Facts Brief The City's Interlocal Agreement for Correctional Facilities Use is similar to the 2005 contract. The attached tentative agreement represents a consensus of the parties who have worked to develop it. This is the eighth year we have used the formula set forth in the agreement with Franklin County for housing City prisoners in the Franklin County Correctional Facility. This agreement provides an adjusted formula for computing prisoner-lodging costs. This formula assures that the City and Franklin County pay the same cost per prisoner day for housing prisoners. At the same time, it provides a method of adjustment for what has been a disproportionate share of overall bookings by the City in comparison to its percentage of prisoners housed in the Franklin County Corrections Facility. Under the terms of the proposed Interlocal Agreement the City will initially pay to the County an estimated prisoner lodging cost. The cost is based on the City's last completed year of lodging prisoners at the jail. It is paid to the County in 12 equal monthly payments. At the completion of the year, the actual prisoner lodging and booking numbers are used to reconcile the payment amount. The County refunds overpayments to the City; underpayments are paid to the County within a specified period of time. V. Discussion The $76,997 increase in the 2006 jail budget is due to increases in operational costs, wages and benefits. Pasco's portion of this increase is $43,603. This is reflected in the 2006 Interlocal Agreement. At the current population level of 152 prisoners per day average the city's cost for housing prisoners is considerably lower than what other police departments pay for prisoner cost throughout the state. In no case will the city pay more than the $54.00 rate. VI. Other Comments The Interlocal Agreement for Correctional Facility Use has been written so that it may be renewed from year to year and provides an arbitration process if a dispute over compensation occurs. VII. Administrative Routing Attachments (1) 3(d) 2006 CITY OF PASCO - FRANKLIN COUNTY CORRECTIONAL FACILITIES USE AGREEMENT This agreement is made and entered into this day of , 2006 by and between Franklin County, a political subdivision of the State of Washington (hereinafter "County") and the City of Pasco, Washington, a municipal corporation (hereinafter"City"). For and in consideration of the considerations, covenants and agreement contained herein the parties agree as follows: L PURPOSE The City, desiring to utilize Franklin County Correctional Facilities (hereinafter "Jail") and its personnel and services maintained by the County for the incarceration of City prisoners, in accordance with the Interlocal Cooperation Act (Chapter 39.34 RCW) and the City and County Jails Act (Chapter 70.48 RCW), hereby enters into an agreement with the County for use of jail and its personnel and services for confinement of City prisoners. It is the purpose of this agreement to provide for the joint use by the parties of the jail facilities and its personnel and services at the jail located at the Franklin County Correctional Facilities in the City of Pasco. II. DEFINITIONS A, "City Prisoner" shall mean a person who is booked into the jail pursuant to an arrest, in the City limits of Pasco, by a Pasco Police Officer, for the commission of a misdemeanor. B. "City Prisoner Day" shall mean any portion of a consecutive twenty-four hour period and shall include when a City prisoner is only booked and released, as calculated using the current I/LEADS methodology for counting jail days. C. "Average Daily Population" (ADP) is calculated by dividing the total number of prisoner days for all prisoners being held in the jail by the actual number of days in the year. D. "Total Prisoner Days" shall mean the total number of prisoner days for all prisoners housed at the Jail during a specified period of time without regard for the type of program they are being held under such as Trustee, work release, etc., the agency they are being held for, or the criminal charges they are being held on. E. "Jail Budget" for the purpose of this agreement shall not exceed $2,718,035 for the initial term of this agreement and shall only include the following expenses: 1. Budget accounting and reporting system (BARS) line items. a. Personnel and line items assigned to the 2006 Franklin County Corrections Budget#540: $2,449,086. b. Personnel and line items assigned to the 2006 Franklin County Jail Kitchen Budget#550: $235,695. Interlocal Agreement for Correctional Facilities Use- Page 1 2. That portion of the 2006 Franklin County Jail Support Services Budget: a. 14.5% ($23,114) of the Franklin County Auditor's Office Budget specifically identified as a jail expense. b. The Franklin County Information Services Budget specifically identified as a jail expense ($7,030). c. 48% ($3,110) of the Franklin County Civil Service Budget that is specifically identified as a jail expense. F_ "Intake Processing Cost" shall mean that portion of the jail expenditure budget attributable to the wages and benefits of those personnel assigned to the prisoner intake function. For year 2006 the intake processing cost will not exceed $258,000 and will increase in subsequent years only by actual increases to wages and benefits for the respective personnel through their collective bargaining agreement. III. AVAILABILITY OF JAIL FACILITIES The jail facilities and its personnel and services shall be available, on a space available basis, for confinement of City prisoners held upon arrest, awaiting trial, and serving sentences or jail terms. IV. COMPENSATION FROM CITY The City shall pay the County as total compensation for its provision of jail facilities and personnel as specified herein: A. Jail Budget. The proposed jail budget for any renewal term of this agreement shall be established and provided to each agency housing prisoners at the jail by no later than third Monday in August of the current contract year. This will allow time for review and the filing of a request for binding arbitration (RCW 39.34) if compensation amount cannot be agreed on. B. Budget Approval. For the purposes of calculating prisoner day costs for the current calendar year, the total jail budget shall not exceed the budget approved by Franklin County Commissioners in December of the preceding year (December 2005 for 2006 Budget). C. Preliminary Estimation and Payment of Jail Costs. The City shall remit a monthly payment representing the City's estimated share of jail costs, determined as follows: 1. The estimated jail costs for the respective calendar year will be calculated by dividing the prospective jail budget (2006) by the total prisoner days recorded for the most recent complete calendar year (2004). The product of this process represents the daily prisoner lodging cost and will be multiplied by the total number of prisoner days charged to the City for the most recent complete calendar year (2004). This product will represent the estimated annual prisoner lodging cost for the prospective year (2006). 2. The prospective (2006) intake processing costs ($258,000) will be multiplied by the difference between the following percentages and the product will represent the estimated intake processing cost adjustment: Interlocal Agreement for Correctional Facilities Use- Page 2 a. City prisoner days as a percent of total prisoner days for the most recent complete calendar year (2004). b. Number of City bookings as a percent of total Jail bookings for the most recent complete calendar year (2004). 3. Not later than January 1,9' of prospective calendar year (2006), the estimated annual prisoner lodging cost and the estimated intake processing cost adjustment will be added and the sum divided by 12; the resulting figure will constitute the monthly estimated jail cost to be paid by the City not later than the last day of each month of the prospective calendar year. The Sheriff shall have the right to formally request reduced monthly payment amounts thus assuring against a large credit owing to the City during the Reconciliation Process outlined below. Jail Costs Estimation Formula Jail budget/total prisoner days from prior complete year= Prisoner day rate. Prisoner day rate (no higher than $54) X City's prisoner days = Estimated Prisoner lodging cost City's percent of total bookings minus City's percent of total prisoner population X Percent of booking cost to be paid for intake processing cost Prisoner lodging cost plus intake processing = Estimated annual City Jail cost Estimated annual City Jail cost/ 12 = Monthly payment of estimated City Jail cost D. Reconciliation Process. Not later than February 1st of each calendar year the actual prisoner days experienced in the preceding calendar year will be applied to the formula used for estimated jail cost (below), provided the total annual prisoner days attributed to the jail shall not be less than 38,326 (representing an average of 106 prisoners per day). The resulting annual cost will be compared to the estimated annual cost actually paid by the City. Any amount due the County by the City will be paid within 30 days of invoice to the City_ Any amount due the City by the County will be credited in the March billing. 2006 Reconciliation Formula 2006 Jail budget ($2,718,035)1 total 2006 prisoner days = 2006 Prisoner day rate 2006 Prisoner day rate (no higher than $54) X City's 2006 prisoner days = Actual 2006 Prisoner lodging cost City's percent of total bookings minus City's percent of total prisoner population X Percent of$258,000 to be paid for intake processing cost 2006 Actual Prisoner lodging cost plus intake processing = 2006 Actual City Jail cost V. PAYMENT The City agrees to pay the County, by the 15th of each calendar month, the amount pre- calculated using the formula outlined in Section IV.C, above. The County agrees to credit overpayments by the end of March of the following year (or in subsequent months) until total reimbursement has been completed. The City agrees to pay shortages, billed by February 15th, by the 15th of March. Interlocal Agreement for Correctional Facilities Use- Page 3 VI. MEDICAL COSTS AND TREATMENT A_ The County shall have the right to refuse to accept a City prisoner who, at the time of delivery to the jail for confinement, is in need of medical attention until the City has made arrangements satisfactory to the County for such medical attention. B. The County will provide medical services for all prisoners within the jail in accordance with the provisions of Chapter 289-200 WAC. C. In the event a prisoner requires medication or medical or dental treatment or care not available in the health care program within the jail, provided by the County, the City shall be responsible as follows: 1. With respect to City prisoners, the City will be responsible for all medication and all such medical or dental treatment or care to the extent such costs are not paid by the prisoner, insurance, public assistance or other sources. 2. With respect to those prisoners who are not City prisoners, as defined in Section II.A, but who are confined on the basis of charges initiated by City police officers, the City shall reimburse the County for the cost of medication and such medical or dental treatment or care provided to the prisoner prior to disposition of the charges by sentencing or otherwise to the extent that the cost is not paid by the prisoner, insurance, public assistance or other sources. D. The County agrees to use reasonable efforts to obtain reimbursement from the prisoner, insurance, public assistance or other sources, of such costs of medication, medical/dental treatment or care. The County shall, except in cases of emergency which prevent the County from obtaining City authorization, obtain advance authorization from the Chief of Police or his designee whenever a prisoner, for whom the costs of medication, medical/dental treatment or care is the responsibility of the City pursuant to this agreement requires such medication or medical or dental treatment or care. The City agrees to provide to the County, when requested, written verification of any authorization of, or refusal to authorize care or treatment for City prisoner. E. The County shall, subject to the City's authorization required by Section VI.D, have the authority to make arrangement for medication, medical/dental treatment or care not available in the health care program within the jail. F. It is agreed by the parties that the County shall have the authority to determine the existence of emergencies requiring medication, medicalldental treatment or care without the advance authorization from the City specified in Section VI.E. G. The County shall be responsible for all medical expenses due to injuries incurred during the course of a prisoner's incarceration caused by the negligent or intentional act of the County. VII. TRANSPORTATION OF PRISONERS The City shall be responsible for all transportation of City prisoners to and from Franklin County Correctional facilities, excepting to and from Pasco Municipal Court at the Public Safety Building and the Franklin County Correctional facilities. Interloca! Agreement for Correctional Facilities Use- Page 4 VIII. TRANSFER OF CUSTODY City police officers delivering persons to the jail for confinement shall provide the receiving officer of the jail with an arrest warrant, citation, court order, other documentation or a completed detention request form satisfactory to the receiving officer which indicates the legal basis for confinement of the person and in the absence of such documentation the receiving officer may refuse to accept the person for confinement. A. City police officers delivering persons to the jail for confinement shall remain in the immediate presence of such persons, shall be responsible for such person and shall be considered to have such person in their sole custody until the jail receiving officer has accepted documentation for such person's confinement and physical custody of that person and has indicated that the delivering officer may leave_ At such time, and only at such time, will the County have assumed custody of and responsibility for the person to be confined. B. City prisoners shall be subject to all applicable rules, regulations and standards governing the operation and security of the jail. All City officers delivering persons to the County jail shall comply with those rules, regulations and standards_ IX. ACCESS TO PRISONERS City police officers and investigators shall have the right to interview prisoners at any reasonable time within the jail. City police officers shall be afforded equal priority for use of jail interview rooms with other departments, including Franklin County Sheriffs Department. X. POSTING OF BAIL The County shall serve as agent for the City in receipt of bail bonds or moneys posted for City prisoners only during those hours the courthouse is closed for business. XI. WORK RELEASE In the event that it is desired that a City prisoner participate in the jail Work Release program, City prisoners shall be treated exactly as County prisoners and shall be entitled to participate in the Work Release program solely on a space available basis. XI 1. CITY PRISONER City Prisoner shall be released from the jail only: A. Upon the authorized, written request of the City police; or B. By order of the Court having jurisdiction of a City prisoner and the matter for which such prisoner being confined; or C. For appearance by the prisoner in the Court having jurisdiction of such prisoner; or D. In compliance with a valid Writ of Habeas Corpus; or E. For necessary medical or dental treatment or care not available within the jail; or Interlocal Agreement for Correctional Facilities Use- Page 5 F. When the prisoner has completed service of the sentence, the charge pending against the prisoner has been dismissed, or bail or other satisfactory recognizance has been posted, as required by the Court. XIII. RECORD KEEPING The County, based on consultation with the City's Chief of Police, agrees to maintain a system of record keeping relative to the booking and confinement of each City prisoner in such a style and manner as is equivalent to the County's records pertaining to its prisoners under the current BI-PIN system. The County shall, within 5 days of the conclusion of each month during the term of this agreement, provide the City with copies of its reports including monthly total prisoner days and City prisoner days including year- to-date total prisoner days and City prisoner days. XIV. INDEMNIFICATION A. The City shall indemnify and hold harmless the County and its officers, agents and employees from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever resulting from, arising out of, or incident to any act or omission of the City, its officers, agents, or employees in the performance of this agreement or in arresting, detaining, charging, transporting, interrogating or otherwise dealing with persons either before or after presentation to and acceptance by the County for confinement in the Jail. In the event that any suit based upon such a claim, action, loss, cost, expense, or damage is brought against the County, the City shall defend the County at its sole cost and expense; provided that the County retains the right to participate in any such suit if any principle of governmental or public law is involved. If final judgment is entered against the County, or its officers, agents, or employees, the City shall satisfy the same in full. B. The County shall indemnify and hold harmless the City and its officers, agents and employees, from and against any and all claims, actions, suits, liability, loss, cost, expenses and damages of any nature whatsoever resulting from, arising out of or incident to, any act or omission of the County, its officers, agents or employees in the performance of this agreement or in confining persons who have been presented by the City to and accepted by the County for confinement in the jail while said persons are in the jail or in the custody of the County outside the jail. In the event that any suit based on such a claim, action, loss, cost, expense, or damage is brought against the City, the County shall defend the City at its sole cost and expense; provided that the City retains the right to participate in such suit if any principle of governmental or public law is involved. If final judgment is rendered against the City, or its officers, agents, or employees, the County shall satisfy the same in full. XV. NON-DISCRIMINATION POLICY It is the policy of Franklin County that no person shall be subjected to discrimination in the County or by its subcontractors because of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap. Interlocal Agreement for Correctional Facilities Use - Page 6 The City shall execute in writing, an assurance that it will comply with the County's Non- discrimination Policy and provide a copy to the County upon execution of the agreement. XVI. AUTHORITY A. This agreement shall become effective upon the approval of the Franklin County Board of Commissioners and the City Council of the City of Pasco, Washington in a manner authorized by law_ B. As provided in Section XVII below, the Jail shall be administered by the Franklin County Sheriff and no separate legal or administrative entity is created for the purposes of this agreement. For the purposes of RCW 39.34.030, the Franklin County Sheriff is designated as the administrator responsible for administering this cooperative undertaking. Unless otherwise specifically agreed in writing, any real or personal property acquired, held, or utilized by the parties hereto shall remain the property of the acquiring party subject to full rights of reassignment and disposal. C. Nothing in this agreement shall preclude the City from creating, maintaining, operating or utilizing its own holding and other facilities for City prisoners. XVII. ADMINISTRATION This agreement shall be administered by the Franklin County Sheriff. XVIII. REMEDIES No waiver of any right under this agreement shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to, or waiver of, any continuation of nonperformance or any later nonperformance, nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. XIX. DURATION The term of this agreement shall commence on January 1, 2006 and terminate at midnight, December 31, 2006 thereinafter referred to as the original term). This agreement shall be automatically renewed for successive one (1) year terms (hereinafter referred to as renewal terms) in accordance with the same terms and conditions as provided herein, however, either party may terminate this agreement at the conclusion of the original term or any renewal term by providing the other with written notice of its intent to terminate at least 180 days prior to the conclusion of that term. XX. MODIFICATION Final approval for all modifications to the interlocal agreement shall be by the mutual written consent of both parties. XXI. TERMINATION AS BY AGREEMENT In addition to the method of termination by non-renewals provided in Section XIX above, this agreement may be terminated at any time by written agreement of the parties thereto. Interlocal Agreement for Correctional Facilities Use- Page 7 XXII. DISPUTE RESOLUTION Should any dispute arise concerning the interpretation, enforcement, breach, or default of this agreement, (excluding compensation issues which will be handled as provided for by RCW 39.34) dispute resolution shall be by arbitration located in Pasco, Washington. Arbitration shall be conducted by a mutually agreed arbitrator, however, if the parties are unable to agree on an arbitrator, arbitration shall be by tri-partite arbitration with each party selecting an arbitrator, and the chosen arbitrators selecting the third arbitrator. Arbitration shall be conducted in conformity with the rules established by the American Arbitration Association. Interlocal Agreement for Correctional Facilities Use- Page 8 DATED this day of , 2006. City of Pasco: Franklin County: Joyce Olsen Frank Brock Mayor Commissioner ATTEST: Sandy Kenworthy Neva Corkrum Deputy City Clerk Commissioner APPROVED AS TO FORM: Leland B. Kerr Robert Koch City Attorney Commissioner Richard Lathim Franklin County Sheriff APPROVED AS TO FORM: Ryan Verhulp Chief Civil Deputy Prosecuting Attorney Interlocal Agreement for Correctional Facilities Use- Page 9 AGENDA REPORT FOR: City Council January 3, 2006 TO: Gary Crutch i anager Workshop Mtg.: 1/9106 Regular Mtg.: 1/17/06 FROM: Stan Streb�f,. nistrative and Community Service irector SUBJECT: Clarification of PMC 9.20 Regarding Liquor Consumption I. REFERENCE(S): A. Proposed Ordinance. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 119: Discussion 1/17: MOTION: I move to adopt Ordinance No. Amending PMC Section 9.20.020, and to authorize publication by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) The City has adopted the State Alcoholic Beverage Control Law by reference as PMC 9.20.010. Additionally, the City has made it unlawful in PMC 9.20.020 to consume or possess an open container of liquor in City parks or recreation facilities without a permit therefor. There is no penalty clearly identified in the code for violation of PMC 9.020.020. The City Attorney has drafted the attached ordinance which sets out appropriate penalties consistent with the statute for violations of the law. (See proposed section 9.20.020(B).) B) Additional minor changes are proposed to Subsection A to make the provisions of the law more clearly understood and to allow for a variable damage deposit amount depending on the size of the event. Staff recommends approval of the ordinance. 3(e) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending PMC Section 9.20.020 "Consumption Within Park and Recreation Facilities" Clarifying Permitted Consumption and Establishing a Penalty THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 9.20.020 entitled "Consumption Within Park and Recreation Facilities" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 9.20.020 CONSUMPTION WITHIN PARK AND RECREATION FACILITIES PROHIBITED WITHOUT PERMIT. , 'It is unlawful to open a package containing liquor, or to possess or display an open container of liquor or to consume liquor in these any City park actor, recreation buildings, facility or structures or- other- approved eneles , within the City without a current rental permit issued by the City. The pefseas using " ° °° f -the ese "f n^ liqu r- must obtain ° A rental permit may be issued upon application for such rental csu u permit from the Administrative & Communiy Services Director of the City of Pasco or his designee id "°^"eaiia ems e Such rental permit shall may be issued on the following conditions. (al) The applicant must produce evidence that he has a banquet permit from the Washington State Liquor Control Board; fb2) Payment of rent in an amount of fifty percent higher than the regular rental fee; {s3} The applicant deposits a sum determined by the Administrative & Commurifty Services Director to be sufficient to insure proper performance of cleanup by the applicant subsequent to the event for which the banquet and rental permit is issued and for payment of damages; {d4} The applicant furnishes to the City evidence that he has in full force and effect a liability insurance policy that includes liquor liability, in such amounts and coverages as prescribed by the City's insurer covering any bodily injury or property damage arising out of or in any way connected with the use of the City facility by the applicant. A surety bond approved by the City in the same amounts may substitute for Ordinance Amending PMC Section 9.20.020- 1 insurance; (e5) The applicant must affirm in writing that the attendance at the function for which the rental permit is issued is not pursuant to a general invitation to the public, but pursuant to invitations to either specifically named individuals or to actual members of the applicant's organization; provided that the City Council may waive this requirement by resolution upon a showing by the applicant that special circumstances exist which would merit such waiver, and that adequate provisions have been made to accommodate the anticipated number of persons who attend the function for which the rental permit is issued; (fo The applicant agrees that he or she will save the City of Pasco harmless from all losses or damage occasioned to him or her or to any third person or party by reason of any act or omissions of the applicant or anyone using the premises pursuant to the rental permit. He or she shall, after reasonable notice thereof, pay the expense of any suit, which may be commenced against the City of Pasco by any third person alleging injury or loss by reason of such acts; (g7) The applicant shall furnish written confirmation from the Chief of Police of the City of Pasco that adequate provision has been made by the applicant for police, security, and traffic control, considering the type of activity purposed by the applicant; (h8) The applicant shall comply with all applicable fire codes and regulations. (Ord. 3495 Sec. 1, 2001; Ord, 2333 Sec. lm 1982.) B) Any person violating this Section shall be guilty: 1 For first offense a misdemeanor punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than two months, or both; 2) For a second offense, a cross misdemeanor punishable by imprisonment for not more that six months, and 3) For a third or subsequent offense, a gross misdemeanor punishable by imprisonment for not more than one year. If the offender convicted of an offense referred to in this Section is a corporation, it shall for a first offense be liable for a penalty of not more than five thousand dollars, and for a second or a subsequent offense to a penalty of not more than $10,000 or forfeiture of its corporate license, or both. Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication required bylaw. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this day of , 2006, Ordinance Amending PMC Section 9.20.020-2 Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Webster U. Jackson Leland B. Kerr City Clerk City Attorney Ordinance Amending PMC Section 9.20.020-3 CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. is an ordinance amending Section 9.20.020 of the Pasco Municipal Code regarding consumption within Park and Recreation Facilities. Section 1. Clarifying permitted consumption and establishing a penalty for consumption within park and recreation facilities. Section 2. Provides for an effective date 5 days after publication. The full text of Ordinance No. is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, PO Box 293, Pasco, Washington, 99301. Sandy L. Kenworthy,Deputy City Clerk AGENDA REPORT FOR: City Council December 9, 2005 TO: Gary Crutchfi anager Workshop Mtg.: 1/9/2006 Regular Mtg.: 1/17/2006 FROM: Stan Strebel, A mi ' t i and nd Community Services Director-- 1, SUBJECT: Modification of Project Scope for Sun Willows Golf Course Pond Improvements L REFERENCE(S): A. Capital Project Sheet H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/9: Discussion 1/17: MOTION: I move to authorize staff to expend the funds remaining in the Golf Course Pond Improvement Project budget for golf cart path improvements. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) The Golf Course Pond improvement project was included in the 2005 Capital Budget to include renovation of the 3 ponds in the northeast area of the course and the replacement of the north boundary fence. A total budget of $330,000 was approved. The pond improvements have now been completed with approximately $20,000 of the budget unexpended. B) In reviewing the current condition at the golf course with the lessee, staff feels that using the remaining budget for improvement of the golf cart paths on the course will have a greater positive impact on the course than the fence improvement originally proposed. Additionally, the renovation of the ponds creates the opportunity to revise some cart routes for better flow. C) Staff requests Council approval to utilize the remaining funding allocated for this project for the cart paths. Since the original source of funding was the Sun Willows Development Fund it is appropriate to expend this money at the golf course. 3(f) CITY OF PASCO CIP PROJECT FORM CIP Category Parks and Recreation I Funding Type General Fund Project Name Golf Course Northeast Reservoir Renovations Project# -� -cation Sun Willows Golf Course -scription Clean out and reconstruction of 3 reservoirs in the northeast corner of Sun Willows Golf Course Department Admin & Comm Svcs Division Facilities Date initiated 7/13/04 Justification Benefits The Sun Willows Golf Course irrigation system, including 2 major reservoirs, was renovated in 2003 with a tremendous improvement to the appearance of the facility. Three smaller reservoirs exist on the course in the northeast corner of the facility. These are not used for irrigation storage water, but are merely a water amenity. Because the water is not circulated in the reservoirs and because of the shallow depth, they frequently fill up with cattails and other unwanted vegetation, resulting in an unsavory appearance, and at times, odors. This has a negative impact on the visual character and playability of the course. Completion of this project will conclude major irrigation improvements envisioned at the course through a planning committee recomendation in 1999. Also proposed is replacing the existing barbed wire fence along the north boundary of the course (Argent Road)for better security and appearance. Project Status New CIP Project Budget Number 367-660 History Previous Years Funding Previous Years Expenses CIP Project Costs {$ in thousands) COST COMPONENT 2005 2006 2007 2008 2009 2010 TOTAL Land & Right-Of-Way Sign & Engineer 30.0 , - 30.0 Construction 300.0 300.0 Other Total 330.0 330.0 Revenue Sources ($ in thousands) FUNDING SOURCE 2005 2006 2007 2008 2009 2010 TOTAL General Fund 330.0 $330.0 Total 330.0 $330.0 Annual Operating Budget Impact COST / REVENUE 2005 2006 2007 2008 2009 2010 TOTAL Costs °Avenue Net Impact 26 AGENDA REPORT FOR: City Council December 15, 2005 TO: Gary Crutchfi anager Workshop Mtg.: 119106 {�( Regular Mtg.: 1/17/06 FROM: Stan Strebel, A minis 1 d Community Services Director SUBJECT: Golf Course Lease Revised Payment Schedule I. REFERENCE(S): A. Letters from I.R.I. (October, December) B. Proposed Amendment No. 2 to Golf Course Lease Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/4: Discussion 1/17: MOTION: I move to approve Amendment No. 2 to the Golf Course Lease Agreement and further, to authorize the Mayor to sign the document. III. FISCAL IMPACT: Minor delay in receipt of some revenue. IV. HISTORY AND FACTS BRIEF: A) We have recently had a number of winters that have significantly impacted golf course play. Our lease agreement with I.R.I., the course operator, provides that the lease, concession and food and beverage (fixed amount) payments to the City will be made in equal monthly installments. I.R.I. has asked for a revised payment schedule in consideration of their cash flow which can be significantly limited by winter weather conditions. Based on a request last year by I.R.I., staff allowed a one time variance to the payment schedule in 2005. B) It is likely that there will continue to be years where winter golf will be limited. Even though a significant portion of golf course revenue comes from season pass sales (which are typically available in the late fall for the succeeding year), I.R.I. reports that it is common for many pass users to wait until February or later to make their purchase. Based on this information, staff feels that it is reasonable to amend the payment schedule in the lease to more reasonably reflect the cash flow at the golf course. The proposed schedule as shown in the lease amendment provides that total payments will be "caught up" each year by May 5. C) The lease is also proposed to be revised (Section 4) to account for an oversight in last summer's implementation of the admission tax repeal with respect to golf courses. Due to definitions in the lease, driving range revenues, which were subject to the prior admission tax (2.5%) were not included in the revised "capital replacement amount" which was increased to offset the loss of admission tax. The proposed amendment also corrects this error. D) Staff recommends approval of the lease amendment. 3(9) t THE I. R.I. GOLF GROUP, L.L.C. October 11, 2005 Stan Strebel Administrative and Community Services Director City of Pasco P.O. Box 293 Pasco,WA 99301 Dear Stan, The improvements that the City is presently doing on the ponds at Sun Willows Golf Course are a tremendous asset to the golf course. We want to thank you for the capital improvements that the City has funded over the past five years. They have made a significant impact on the conditions of the golf course as well as the clubhouse area. M Golf Management would like the City to consider reallocating the monthly lease payments as we did in 2005. We are requesting your approval to pay no lease payments January, February and March and double our payments April,May and June. Please consider this request for the balance of the term of the lease agreement. Sincerely, Debbie Pedersen Vice President cc: Jeff Silverstein 9777 East Sa6ino Garen Driw ?ucsva;AZ 85749 *(520)7494" *(520)760-M15 (Nr THE I. R. I . GOLF GROUP, L.L.C. December 2, 2005 Stan Strebel Administrative and Community Services Director City of Pasco P.C . Box 293 Pasco, WA 99301 Dear Stan, In response to your October 18t` letter with regard to our cash flow I would like to offer the following information to assist in determining whether or not the City will be able to grant our request for a reallocation of the lease payments for January—March of 2006. Based on our previous year's experience and budget projections for 2006 we will have a negative cash flow at the end of the first quarter of about$50,000 if we leave the rent payments in as they are presently scheduled. You are correct we have been exposed to some unusual weather conditions the past two seasons but we felt it would be better for all parties to ask for this in advance to eliminate any need for quick decisions as was the case last year. We are hoping this winter will be mild but it has not started out that way and we have already experienced some closure due to inclement weather. It is true that we have annual pass revenue through the winter months but our revenues start declining in October due to the shorter days and cooler temperatures so the revenue for the passes assists us in our regular expenses for the fourth quarter of each year. Any assistance you can provide us on this matter would be appreciated. Sincerely; Debbie Pedersen Vice President 9777 East Sabin Careens Drive Tucson,AZ 85749 *(520)749-4000 *(520)760-8815 Amendment No. 2 Golf Course Lease Agreement This Amendment is entered into this day of , 2006 between the CITY OF PASCO, a municipal corporation of the State of Washington, herein called the "City" and IRI SUN WILLOWS ASSOCIATES LLC, a Delaware limited liability company, here in called "Lessee". Whereas, the City and Lessee entered into that certain Golf Course Agreement dated December 27, 2000; and Whereas, the City and Lessee desire to amend said Agreement as set forth herein below; Now, Therefore,the City and Lessee agree as follows: Section 1 Section 2.2 Rent; Payment; Rental Credit, sub paragraph (a), is hereby amended to read as follows: (a) Golf Course Annual Lease Payment. (i) Lessee agrees to pay an annual lease payment (the "Annual Lease Payment") for each Lease Year in the amount of$150,000, prorated for a partial Lease Year. (ii) Lessee shall pay the Annual Lease Payment in equal monthly installments of $12,500 on or before the 5th day of each calendar month during the term of this Lease, commencing on the 5th day of the first full month following the Commencement Date. Provided, however, commencing_on January 1, 2006, Lessee shall pay monthly installments according to the followin g schedule: January _ $0 February _$6,250.00 March $12,500.00 April _ $21,875.00 May $21,875.00 June—December $12,500.00 Section 2 Section 2.2 Rent; Payment; Rental Credit; sub paragraph (c), is hereby amended to read as follows: (c) Golf Concession Fee. (i) Lessee agrees to pay;for the right to offer golf-related merchandise for sale, lessons and other golf related services, an annual concession fee for each Lease Year in the amount of$75,000 (the "Annual Concession Fee"), pro-rated for a partial Lease Year. (ii) Lessee shall pay the Annual Concession Fee in equal monthly installments of $6,250 on or before the 5th day of each calendar month during the Term of this Lease, commencing on the 5th day of the first full month following the Commencement Date. Provided, however, commencing on January 1, 2006, Lessee shall pay monthly installments according to the following schedule: January $0 February $3,125.00 March $6,250.00 April $10937.50 May $10,937.50 June —December $6,250.00 Section 3 Section 2.2 Rent; Payment; Rental Credit; sub paragraph (e), is hereby amended to read as follows: (e) Food & Beverage Concession Fee. (i) Lessee agrees to pay for the right to operate the Food and Beverage Operations an annual food and beverage concession fee (the "Food & Beverage Concession Fee") in the amount of: (A) 6% of the Food and Beverage Revenues, commencing on the Commencement Date,plus (B) $10,000 per Lease Year, commencing with the Lease Year in which the Clubhouse Renovation Date occurs, pro-rated for a.partial Lease Year. (ii) The portion of the Food & Beverage Concession Fee attributable to 6% of the Food and Beverage Revenues for the prior calendar month shall be due and payable on or before the 25th day of each calendar month during the Term of the Lease, commencing on the 251h day of the second month following the Commencement Date. (iii) The remaining portion of the Food & Beverage Concession Fee ($10,000 per annum) shall be payable in equal monthly installments of$833.00, payable on the 5th of each calendar month, commencing on the 5th day of the first full month following the Clubhouse Renovation Date. Provided, however, commencing on January 1, 2006, Lessee shall pay monthly installments according to the following schedule: January $0 February _ $416.70 March $833.33 April $1458.33 May $1,458.33 June—December $833.33 Section 4 Section 4.2 Capital Reserve Account, sub paragraph b is hereby amended to read as follows: (b) Capital Replacement Amount. Commencing on January 1, 2003, Lessee shall pay to the City and the City shall deposit to the Capital Reserve Account on an annual basis (ie for each Lease Year) an amount (the "Capital Replacement Amount") equal to the greater of. (i) four percent(4%) of Golf Course Play Revenues, or (ii) the sum of$20,000.00. Commencing on July 1, 2005, Lessee's payment requirement shall increase to six and one half percent(6.5%) of Golf Course Play Revenues. Commencing on January 1, 2006, Lessee's payment requirement shall increase to six and one half percent (6.5%) of Golf Course Play Revenues plus two and one half percent (2.5%) of driving range revenues. Section 5 That all other provisions of said Lease Agreement shall remain as originally written. CITY OF PASCO JOYCE OLSON Date Mayor ATTEST: APPROVED AS TO FORM: SANDY L. KENWORTHY LELAND B. KERR Deputy City Clerk City Attorney LESSEE: IRI SUN WILLOWS ASSOCIATES LLC, a Delaware limited liability company By: IRI GOLF MANAGEMENT, L.P., a Delaware limited liability company, Its Manager By: Golf/Mark Corporation, a Delaware corporation, Its General Partner By: Name: Jeffrey M. Silverstein Date Title: President AGENDA REPORT NO. 50 FOR: City Council January 4, 2004 TO: Gary Crutchfie i Manager Workshop Mtg: January 9, 2006 Regular Mtg: January 17, 2006 FROM: Robert J. A1berf?OtMCWorks Director SUBJECT: Professional Services Agreement with CH2M HILL for the Primary Digester Facilities,Tasks 6 through 9 I. REFERENCE(S): 1. May 25, 2005 Professional Services Agreement Il. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 119: Discussion 1/17: MOTION: I move to approve Tasks 6 through 9 of the May 25, 2005 Professional Services Agreement with CH2M Hill for engineering and consulting services for the Primary Digester Facilities, not to exceed $206,485.00. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: On May 25, 2005 the City entered into a Professional Services Agreement with CH2M Hill for engineering and consulting services for the Primary Digester Facilities project. This Agreement included tasks and phases outlined in the scope of services such as Design, Bidding Phase, Construction Phase, On-Site services, and Additional Services. In May 2005, Council approved Tasks 1 through 5 (Design) of the Agreement. The remaining tasks (6 through 9) were estimated at $156,485.00 plus On-Site services (Task 8). The On-Site services are estimated at $50,000 bringing the cost of all remaining tasks to $206,485.00. The project is proceeding and the remaining tasks need approval. Staff recommends Council approve Tasks 6 through 9 and authorization to proceed at a cost of$206,485.00. V. ADMINISTRATIVE ROUTING Project File 3(h) C PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and CH2M HILL, hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering and consulting services with respect to the design and construction of a new Primary Digester Facility at the Wastewater Treatment Plant. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of worm. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Attachment A with Bony Krutsch as project manager. The work authorized shall be for the design phase (Tasks 1-5). .Authorization of future tasks shall require an amendment to the agreement. 2_ Ownership and-use of documents. All research. tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however. that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C_ In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. if the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies. equipment and incidentals necessary to complete the work_ A. Payment for work accomplished under the terms of this Agreement shall be a lump stun amount of$199,800. CH2M HILL 1 Primary Digester Facilities B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shalt pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment_ Copies shall be made available upon request. 4. Time of performance_ The Consultant shall perform the work authorized by this .Agreement promptly and within 150 calendar days. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from A. all damages or liability of any character including in part costs, expenses and attorney fees; based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. all liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services other than professional services under this Agreement, or from conditions created by the Consultant performance or non-performance of said work or service. regardless of whether or not caused in part by the party indemnified hereunder. 6. General and Prefessional liability insurance_ The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy. except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. CH2M HILL 2 Primary Digester Facilities 16. Notices. Notices to the City of Pasco shall be sent to the following address- ROBERT J. ALBERTS CITY OF PASCO P. O. BOX 293 PASCO, WA 99301 Notices to the Consultant shall be sent to the following address: TONY KRUTSCH, P.E. CH2M HILL 8836 W. GAGE BLVD., SUITE 202A KENNEWICK,WA 99336 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS 2 ` DAY OF /L'l .-520 a.i✓ CITY O PASCO CONSULTANT: t By. By: �j. ichael L. Garrison, Mayor Its ATTEST: APPR ED TO FORM: Webster U.Jackson/City Clerk ' ty Leland B. Kerr, City Attorney CH2M HILL Primary Digester Facilities 4 ATTACHMENT A. CITY OF PASCO SCOPE OF SERVICES PRIMARY DIGESTER FACILITIES Introduction The City of Pasco Wastewwter Facilities Plan dated June, 2993,and the Suppletnental Facility Plan,dated February 1994, recommended that the City construct one 700,000 gallon primary digester,and one Dissolved Air Floatation Thickener(DAFT),during initial construction of the Wastewater Treatment Plant. A second 700,000 gallon primary digester was recotx►nvw4ed for the 2005 to 2008 tune period to provide redundancy,and to meet the anticipated solids increase to the plant. The construction of a second DAFT, for redundancv and for increased solids production, was to be based on the operating experience of the City with the first DAFT unit and was anticipated to be needed m 2010 or beyond. Primary digesters are designed to maintain a minimum detention time of approximately 15 to 18 days to provide adequate volatile solids reduction to meet Washington Department of Ecology regulations. Longer detention times result in higher sludge mass reduction,higher gas production,and lower final disposal volume. The initial 700,000 gallon primary digester was intended to provide sufficient volume for solids Produced during the maxims month conditions associated with an influent flow rate of approximate 4 mgd,and population equivalent of approximately 40,000. In addition to a second primary digester,the City of Pasco has identified certain items of work for the repair and improvement of the existing plant facilities to be incorporated into this Primary Digester Facilities Project Items to be included are as follows: Drain,dean, inspect and repair the existing primary digester and primary digester mixer. Replace the existing telescoping valve at the existing digester with stainless steel telescoping,valve. • Provide a ladder or platform at the existing digester mixer- * Provide a pumped oil supply system for the existing and new primary digester mixer gear box at ground level. • At the solids storage digester, repair the seal between the old and replacement concrete roof slab,and repair the exterior finish system- 0 Replace the existing gate valves in the primary pump room with plug valves_ • Replace the existing lighting in the primary pump room. • Repair cracks in the walls to the outside of the digester control building. • Replace the existing boiler and provide second boiler Relocate the flow meter to the drying beds. City of Pasco Scope of Services-Primary Digester Facility Attachment A Page 2 The opinion of probable construction cost for the Pester Facilities Project as set forth herein is$2,371,000. The City of Pasco will contract directly with a local surveyor to prepare a Topographic Survey/Location Survey of the PnTnaU Iii ter Facilities PLcIgc t site,and with S& B, hx- to prepare instrumentation and control plans and specifications for the Primarry Digester Facilities Project Scope of Services The following identifies the anticipated improvements to be included m the Pnma Digester Facilities Project. • Primary digester: 700,000 gallons, mechanical mixer, gas collection piping(connected to existing),overflow drain. • Control Building: add boiler,hot water recycle pump, heat exchanger,sludge recirculation pump,gas collection equipment. Electrical and Instrumentation&Control: connect new facilities to existing systems. Miscellaneous: site civil and mechanical. Repairs and Improvements: - Drain,clean,inspect and repair the existing primary digester and primary digester mixer Replace telescoping valve at the existing primary digester Provide a ladder or platform at the existing digester mixer Provide a pumped oil supply system for the digester mixer gear box(s)at ground level. Repair seal between old and replacement concrete roof slab at solids storage digester and repair exterior finish system. - Replace existing gate valves in primary pump room with plug valves. Replace existing lighting in the primary pump room. Repair cracks in the walls of the digester control room. - Replace existing boiler Relocate the sludge drying bed flow meter. City of Pasco Scope of Services-Primary Digester Facility Attachment A Page 3 The following identifies specific tasks to be provided by CH2M HILL for the project_ Task 1 -Project Management Provide overall project management including: • Client Design Review Meetings • Project Administration • Quality Control/Quality Assurance • Coordination with City surveying and instrumentation and control consultants Task 2-Data Collection Provide data collection including_ • Site visit for collection of as-constructed documents. • Topographic Survey of site. Site visit for discussions with City staff. • The City of Pasco will provide a Topographic Survey/Location Survey of the site under separate contract with a local surveyor, or with City staff_ Task 3-Design Development(60%) This task provides for the production of design drawings and specifications(Auto CAD Version and CH2M HILL standard specification)for the Primar�r Digester Facilities Proiect as set forth in Scope of Services. Based on the present understanding of the projects, Engineer has prepared the following preliminary drawing list: • Cover/Location/Vicinity • Index and General Notes Abbreviations • Site/Civil/Mechanical Legends • Electrical Legend • 1&C Legend (To be coordinated with City of Pasco Consultant - S&B, Inc.) Solids Piping Schematic • Demolition Site/Grading Plan and Details • Yard Piping Plan and Details Shvctural Notes • Structural Details • Digester Structural Plan (Base and Roof) • Digester Structural Sections and Details Digester Structural Sections and Details • Digester Structural Details 0 Control Building Structural Details Digester Mechanical Plan (Base and Roof) City of Pasco Scope of Services-Prirnary Digester Facility Attachment A Page 4 • Digester Mechanical Details • Existing Digester Repairs • Control Building Mechanical Floor Plan Control Building Mechanical Roof Plan • Control Building Mechanical Sections • Control Building Mechanical Sections • Control Building Mechanical Schematics • Digester Gas, HVAC& Hot Water Schematics • Control Building Mechanical Equipment List Control Building Mechanical Details • Existing Solids Storage Digester Repair • Primary Pump Room Valve Replacement • Electrical One-Line • Electrical Site Plan • Electrical Power Plan-Control Building Floor • Electrical Power Plan-Control Building Roof • Electrical Lighting Plan ---Primary Pump Room • Electrical Equipment Schematics and One-Lines_ • Electrical Details • I&C Block Diagram(S&B,Inc. under direct contract with City of Pasco) I&C Block Diagram(S&B, inc_ under direct contract with City of Pasco) • I&C Block Diagram(S&B, Inc. under direct contract with City of Pasco) • I&C Block Diagram(S&B, Inc. under direct contract with City of Pasco) • Panel Elevation (S&B, Inc. under direct contract with City of Pasco) 0 SCADA Block Diagram(S&B,Inc. under direct contract with City of Pasco) Submittal: Five hard copies of half-size drawings (I I X 17),draft specifications,and opinion of probable costs. Task 4-Contract Documents(90%) The Design Development documents and comments received will be incorporated into Contract Documents necessary to bid and construct the protect_ Contract Documents will be available for final review by the City and Washington Department of Ecology. Submittal: Seven hard copies of half-size drawings(I I X17), specifications, and updated opinion of probable costs_ (2 copies to be sent to V1/T)0G) City of Pasco Scope of Services- Primary Digester Facility Attachment A Page 5 Task 5-Bid Ready Contract Documents Bid Ready Contract Docum Ecology review comments. ents will incorporate City and Washington Depa tment of Submittal: Two copies of bound half-size drawings, and one unbound reproducible set of half-size drawings(11X17). Two copies of bound technical specifications and bidding documents,and one unbound reproducible set of technical specifications and bidding documents. Two copies of bound full-sized drawings,and one unbound reproducible set of full-sired drawings(22X34). Task 6-Support Bid and Award Provide assistance during bidding, including: • Provide technical assistance when needed to interpret contract documents • Submit technical addenda if needed. • Attend and conduct pre-bid conference, including project site tours,for interested parties during the bidding period. • Attend bid opening and assist the Owner with opening of bids_ • Assess contract bids for performance capabilities in accordance with the contract documents. Prepare a summary of the bids received. Task 7-Services During Construction It is anticipated that the construction of the Primary Digester Faciliiy project will be completed over a 12 month period. Services During Construction are based upon the understanding that the Owner wilt contract directiv with the contractor,Owner will be actively involved in the construction process to make decisions,provide approvals,and perform other actions necessary for the completion of the construction contracts and that the contractor selected will be qualified to perform the work within the time period set forth in the Contract Documents,and at the amount offered by the contractor in the Bid_ Engineer will provide Service During Construction (SDC) as defined herein. These SDC are untended to assist#fie Owner to administer the contract for construction,monitor the performance of the construction Contractor to determine that the Contractor's work is in substantial compliance with the Contract Documents,and assist the Owner in responding to events that occur during the construction. The presence or duties of Engineer's personnel at a construction site, whether as periodic visitors,onsite representatives,or otherwise,do not make Engineer or Engineer's personnel in any `'"ay amble for those duties that belong to the Owner and/or the Construction Contractor or other entities, and do not relieve the Construction Contractor or any o er th entity of their Obligations,duties, and responsibilities, including, but not limited to,all construction methods,means, techniques,sequences, and procedures necessary for City of Pasco Scope of Services-Primary Digester Facility Attachment A Page 6 coordinating and completing all portions of the construction work in accordance with the constrt"On Contract Documents and any health or safety precautions required by such construction work. Enguieer and Engineer's personnel have no authority to exercise any control over any Construction Contractor or another entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting,noting,observing, correcting,or reporting on health or safety deficiencies of the Construction Contractor or other entity or any other persons at the site except Engineer's own personnel. The presence of Engineer's personnel at a construction site is for the purpose of providing to Owner a greater degree of confidence that the completed work will conform generally to the Contract Document and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the Construction Contractor. Engineer neither guarantees the performance of the Construction Contractor,not assumes responsibility for Construction Contractor's failure to perform work in accordance with the Contract Documents Constriction Support Services • Attend and conduct preconstruction conferences with the contractor,subcontractor,supplies, interested agencies, utility Owner's representatives, • Review project submittals to confirm designer's intent and P ro pauses e including_ quirements, Submittals critical to the project Submittals that do not identify specific product types or model numbers Components requiring special fabrication or specialized design requirements Submittals of specialized tests Submittals confirming system performance and the designer's intent Submittals for structural,mechanical,electrical, 1 &C systems,and specialized equipment Provide monthly construction observation services. Document perfornance and compliance with the contractual requirements during construction observation site visits. Produce written and photographic records of the construction work_ • Respond to contractor"request for information and clarification"to questions interpret design andlar requirements. Prepare design clarification responses and field directives for all design topics as required_ • Provide technical information for inclusion in change orders or requests for quotes. • Review change order proposals. Assist in negotiating contractor costs. • Attend monthly construction meetings. • Attend up to five(S) onsite meetings for specialty inspections,establishing a punch list, and conduct a substantial completion inspection and final inspection. • Review acceptance sampling and testing for construction materiaLs. City of Pasco Scope of Services-Primary Digester Facility Attachment A Page 7 • Review and make recommendations regarding progress pay estimates for the construction contractor(s). Startup • Provide up to 40 hours onsite startup assistance for major components of the systern. • Update the existing O&M manual to incorporate specific product information supplied by the contractor during constriction. The updated portion of the manual will be provided in a bound hard copy. if the existing O& M manual is in electronic format, the electronic files will be updated. Record Drawings ' Prepare project record drawings from marked-up plans furniNhed by the construction contractor and Owners on-site construction observer. These record drawings will be prepared by modifying the design drawings to reflect field changes made and recorded by the Construction Contractor and Owner's on-site construction observer during construction- Engineer will not be responsible for representing field changes or other as-constructed information that was not propezly recorded by the Cation Contractor or O'wner's on-site construction observer. ' Furnish to the Owner one set of reproducible myUrs, two sets of paper print record drawing,and one electronic CADD file. Task 8-On-site Services(Optional Task) If authorized by the City,Engineer will provide an on-site representative during constriction. The services provided by the on-site representative are defined herein. On-site Review of Work. Engineer will conduct periodic on-site observations of the Contractor's work for the purposes of determining if the work generally conforms to the contract for construction and that the integrity of the design concept as reflected in the contract for construction has been implemented and preserved by the Contractor. The overall anticipated level of effort is expected to average 40 hours per week for the duration Of the construction work(12 months). Engineer's on-site observer will arrange for weekly photographs of the work in progress by the Contractor,which will be made available to the Owner. Engineer's observations of the work is not an exhaustive observation or inspection of all work performed by the Contractor. Engineer does not guarantee the performance of the Contractor. Engineer's observations shall not relieve the Contractor from responsibility for performing the work in accordance with the contract for construction,and Engineer shall not assume liability in respect for the construction of the project. Engineer shall, with the assistance of the Owner,obtain written plans from the Contractor for quality control of its work,and will monitor the Contractor's compliance with its plan. City of Pasco Scope of Services-Primary Digester Facility Attachment A Page 8 Reporting: Engineer will keep the Owner advised of the progress of the construction. includes submitting dally construction reports to the Owner and holding weekly This construction meetings and consultations with the Owner and Contractor. Deficient and Non-conformmg Work Should Engineer discover or believe that any work by the Contractor is not in accordance with the contract for construction,or is otherwise defective,or not conforming to requirements of the contract or applicable rules and regulations,Engmeer will bring this to the attention of the Contractor and the owner. Engineer w'H thereupon monitor the Contractor's corrective actions and shall advise the Owner as to the acceptability of the corrective actions. Independent Testing,Inspection and Survey Services: The City will employ,or cause the Contractor to employ,independent firms for the material testing, 1CHO specialty inspection (required by Code Enforcement),survey,or other services related to verifying the quality of the Contractor's work Engineer will assist in coordinating testing, inspection and survey services. Engineer will review the reports and other information prepared by the Independent firmm ill. Engineer w assist in coordinating their schedules and the transmittal of their reports, firkdings or other information to the Contractor and/or the owner. Task 9-Additio" Services(Optional Task) 'rhe City of Pasco may desire to have Engineer perform work or render services within the general scope of this Agreement. Such work or services shall be considered as Additional Services and will be specified in a written supplement to this Agreement which will set forth the nature of the scope,schedule for additional work or services,and the method of payment. Work or services shall not proceed until authorized in writing by the Public Works Director for the City of Pasco_ ATTACHMENT B CITY OF PASCO CH2M HILL FEE FOR SERVICE PRIMARY DIGESTER FACILITIES Based on the "Scope of Services", Attachment A, for the P ' Di ester Facilities Project, CH'2M HILL has prepared the following Proposal: Design Phase Task 1 through Task 5 $ 199,800 (lump sum) Bidding Phase Task b* $ 12,8% (lump sum) Constnxtion Phase Task 7** $ 103,595 (per diem) On-Site Services(Optional Task) Task 8 (To be determined) (Pe'Vim) AdditiOnal Services(Optional Task) Task 9(Budget) $ , TOTAL SERVICES THIS AGREEMENT } Document Prvnhng at cost plus 5 percent is in addition to Lump sum '* Estimated cost based on qualified contractor and maximum 10 month construction period. NOTE: City of Pasco will contract directly with S&B, Inc. for I&C services to be provided on this project,and will also contract directly with a local surveyor,or perform the work with City staff,for Topographic Survey/Location Survey for the Prurtga Digester Facilities Project. AGENDA REPORT NO. 47 FOR: City Council DATE: 12/27/05 TO: Gary Crutchf i Manager Workshop: 1/9/06 Regular: 1/17/06 FROM: Robert J. Albertfplic Works Director SUBJECT: Amendment Number 3 to S&B Inc. Professional Services Agreement for Instrumentation and Control Work. 1. REFERENCE(S): 1. Amendment Number 3 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/9: Discussion III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: On December 3, 2003 the City entered into agreement with S&B to provide on- site instrumentation and control assistance. Amendment Number 3 extends the service through 2006, adds an additional day per month when their Instrumentation Engineer is on-site, and increases the overall cost of services by $12,400. In the future, much of this work will be done by the new Instrumentation Technician created in the City's 2006 budget. The fee for this basic service is $32,000. Other requests for work would be at $800 per day or on a time and material basis. Staff recommends approval of Amendment Number 3 to S&B Inc. Professional Services Agreement. V. ADMINISTRATIVE ROUTING Project File 3(i} EXHIBIT A AMENDMENT NUMBER 3 S&B INCJSTEAD & ASSOCIATES The Consultant proposes to provide scheduled reviews of the SCADA system operation for the purpose of optimizing system performance, training operations personnel and making repairs as required to existing components. The City's SCADA system was designed and furnished by the Consultant and includes a Graphical computer system, Master Telemetry Unit and multiple Remote Telemetry Units. Any service requested outside this Scope of Work will be paid at according to the Standard Fees of the Consultant as shown in "Attachment A". Work billed in this contract will include: L Field Support Services Schedule of On-site Service: The Consultant will schedule to be on-site the first NON-Holiday Monday, Tuesday and Wednesday of every month to provide work as outlined below. Specific dates for the monthly service will be furnished to the City on a separate six-month schedule. The City shall supply the Consultant a list of priorities for the scheduled work within five working days of the scheduled field visit. The Consultant shall be paid at rates as listed on "Attachment A". If our services are not required, the City must contact the Consultant five working days prior to arrival. If the Consultant needs to reschedule, they will contact the City within five working days to reschedule with a mutually agreed upon day. Any additional days on this scheduled service will be billed at rates identified in "Attachment A". In addition to the above procedure, if it is specifically requested, the Consultant will provide Field Support Service at the City within ten working days of request or at another date mutually agreed to by both the Consultant and the City. The City shall supply the Consultant a list of priorities for the scheduled work within five working days of the scheduled field visit. The Consultant shall be paid at rates as listed on "Attachment A". 1LServeri 1pub&c\Admin\CONTRACr&ASCO.Amendment#3toProtSvcAgmt.water.Rev l.doc 1 I. Field Support_Services (cont'd) Work Items Included: 1. Check communication system and calibrate to manufacturers suggested tolerance. 2. Verify calibration of field devices (i.e. level transmitters, flowmeters, analyzers). 3. Minor modifications to Master and Remote Station programmable logic controller software. 4. Minor modifications to Wonderware® application graphics. 5. Provide training to Operations Personnel on calibration and operation of SCADA system. b_ Document status of each design task, training item or calibration performed. Work excluded from this contract will include warranty related issues from projects completed outside this Scope of Work. Warranty work performed during a scheduled field visit will be subtracted from the invoice at the rates as listed: U. Remote Support Services The Consultant will provide Remote Support Services from their Bellevue facility via standard communication methods (telephone, modem, internet) to document work performed during field visits, support City personnel with troubleshooting and maintenance concerns and supply labor for repair of failed components. Hardware component repair and replacement is excluded from this scope. The Consultant will provide up to eight hours of remote service and support per quarter period for a fixed fee of $800.00 per quarter. Additional support hours will be billed at rates identified in "Attachment A". Work Items Included: 1. Remote diagnosis of problems encountered by City personnel. 2. Remote addition of software features and enhancements. 3. Calibration and certification of hardware components. 4. Administrative and Technical services to document field work performed. Merverllpublic\AdminlCONfRAC VA5CO.Amendment#J3toProfSvcAgmt.Water.Revl.doc 2 ATTACHMENT A TO EXHIBIT A FEE SCHEDULE-PROFESSIONAL SERVICES PRINCIPALS $145.00 Per Hour SENIOR ENGINEERS $110.00 Per Hour ENGINEERS/PROGRAMMERS $ 95.00 Per Hour TECHNICIAN/CAD $70.00 Per Hour OFFICE/SUPPORT PERSONNEL $ 60.00 Per Hour TRAVEL EXPENSES 1. AUTO(Over 100 miles per day) Mileage will be billed at current IRS published rates. 2. AIR TRAVEL Actual Cost+ 10% 3. OVERNIGHT TRAVEL Actual Cost+ 10% MATERIALS 1. PRINTING Actual Cost+ 10% 2. OFFICE SUPPLIES, COPIES, ETC. Generally No Charge SPECIAL EQUIPMENT AND/OR SERVICES 1. EQUIPMENT AND MATERIALS Actual Cost+30% 2. CONTRACTED SERVICES Actual Cost+ 10% 11Serverl 1pubhclAdminICONTRACIIPASCO.Amendment#3toPro(SvcAgmt.water.Rev].doe 3 FEE SCHEDULE - FIELD AND REPAIR SERVICES Demand Service (Same Day Service) $150.00 Per Hour Scheduled Service (Up to 5 day advance notice many be required) Principals $145.00 Per Hour ($1,200.00 Per Day—See Note#1) Senior Engineers $110.00 Per Hour ($920.00 Per Day—See Note#1) Engineers/Programmers $95.00 Per Hour ($800.00 Per Day—See Note#1) Technicians/CAD $70.00 Per Hour ($600.00 Per Day—See Note#1) Mileage See Note#2 Overtime Rate See Note#3 Factory Repairs $ 70.00 Per Hour Other Charges (Air Travel,Car Rentals,Etc.) Actual Cost+ 10% NOTES: 1. Daily service includes eight (8) hours on site or if travel time is involved, a total of ten (10) hours of combined work and travel time. Minimum of four (4) hours will be charged for other than local service. 2. Service personnel will be sent from Bellevue, Washington. Mileage rates charged will be in accordance to current published IRS rates. 3. Overtime rate will be charged for over eight (8) hours per day on site or ten (10) hours including travel or on Sunday. Merver]\publiclAdminWONTRACItiPASCO.Amendment*3toProfSvcAgmt.Water.Rev I.doc 4 LIST OF SCHEDULED VISITS Note: These dates could be subject to change. November 2005 Monday, 7h, Tuesday, gin Wednesday, 9`h December 2005 Monday, 5th, Tuesday, 6`h Wednesday, 7th January 2006 Monday, 9th, Tuesday, 10th Wednesday, I Ph February 2006 Monday, 0h, Tuesday, 7th Wednesday, 8th March 2006 Monday,6th, Tuesday, 7`h Wednesday, 8th April 2006 Monday, 10th, Tuesday, I Ph Wednesday, 12`h May 2006 Monday, Sth, Tuesday,9th Wednesday, 10`h June 2006 Monday, 5th, Tuesday, 6th Wednesday, 7h AServer I\public\AdminI CONTRACI RPASCO.Amendment#3toProfSvcAgmt.Water-Rev t.doc 1 AGENDA REPORT FOR: City Council January 5, 2006 TO: Gary Crutchfi l 4anager Workshop Mtg.: 1/9/06 Regular Mtg.: 1/17/06 FROM: Stan Strebel� i14 tive and Community Services Dir SUBJECT: Commitment to Assume Wade Park Lease—Boat Launch Project I. REFERENCE(S): A. Draft letter to Franklin County Commissioners II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/9: Discussion 1117: MOTION: I move to authorize the City Manager to execute the Letter Agreement with Franklin County on the Road 54 Boat Launch/Wade Park Lease. Ili. FISCAL IMPACT: Approximately$2,800 annual cost. IV. HISTORY AND FACTS BRIEF: A) The County and City worked cooperatively in 1998 to install the irrigation system and turf at Wade Park, located on the Pasco Rivershore between Road 39 and Road 54. The County has been the historical lessee of the property from the Corps of Engineers. Under the agreement to develop the property, the City committed to maintain the turf and the irrigation system. The County remained responsible for overall property management, for maintenance of the trail and for electrical and sanitation expenses. B) The County has worked for several years to improve the boat launch at the west end of Wade Park (Road 54) and, with the City's commitment to fund half ($75,000) of the local match,was successful in securing a grant($450,000) from the State Interagency for Outdoor Recreation to improve the facility in the coming year, C) The County's notice a year ago, to the Corps of Engineers to terminate its Rivershore leases, including Chiawana and Wade Parks was effective December 31, 2005. However, recently,the County recognized that it would be unable to fulfill the conditions of the Boat Launch grant for control of the property without the lease. Rather than lose the grant funding (and all of the effort that has gone into the process of securing the permits), the County has indicated its willingness to continue the lease for Wade Park (including the Boat Launch) through project completion with the City's commitment to assume the lease upon completion of the project. The attached letter outlines the proposed agreement, which includes the City becoming responsible, this year, for some of the park expenses for which the County did not budget. These include electrical (for the irrigation pump), and sanitation and are expected to be approximately $2,800 for the year. The County has funding available for trail maintenance in the park and will continue to keep this responsibility until the lease is transferred. D) Staff feels it is reasonable for the City to commit to assume the lease as outlined in the letter: This property has been improved in the past by the City, the trail section is a critical part of the Rivershore trail and the City already bears the major operating expense associated with the park property (turf maintenance). While City and County staff have discussed transfer of the lease in the past, the issue was always deferred to see if the question regarding the Chiawana Park lease could be resolved at the same time. Since timing of the Boat Launch grant requires a solution by February 15, staff recommends approval of the agreement. 3(j) January 18, 2006 Franklin County Commissioners 1016 N. 4'h Pasco WA 99301 Re: Road 54 Boat Launch/Wade Park Lease Dear Commissioners: We recently reviewed the dilemma, created by the County's termination of its lease with the U.S. Army Corps of Engineers for rivershore properties and the requirements of the Washington Interagency Committee for Outdoor Recreation regarding funding for the boat launch, with COE real estate personnel and Tim Fife, County Engineer. In the interest of demonstrating acceptable control of the boat launch project property by February 15, 2006, as required by the IAC grant, Corps personnel advised that it would be simpler for the County to withdraw its lease termination for the subject property than to have the lease assumed by the City. Therefore, in the interest of fulfilling the requirements for the grant for the project, the City and County have agreed as follows: The County will withdraw its notice to terminate the lease with the Corps of Engineers for the Wade Park area(Road 39 to Road 54), including the site of the boat launch until the boat launch project is completed. The County will continue to manage the grant and the improvement project through completion. The County will continue to provide general management of the park and the bike/pedestrian trail on the property. The City agrees to assume the lease responsibility for Wade Park, including the boat launch, upon completion of the improvement project. The City will continue to maintain the turf and the irrigation system on the property until it assumes the lease. In addition, the City will also assume responsibility for the payment of the electric costs (pumping), for garbage collection and for portable toilets for the park area beginning in 2006. The City appreciates the cooperative spirit that has allowed this project to move forward as we maximize our efforts to serve the citizens and provide new facilities for their use. Please sign below indicating the County's agreement to this understanding. Sincerely, Gary Crutchfield City Manager Franklin County Commissioners: Frank Brock, Chair Neva Corkrum Robert Koch AGENDA REPORT FOR: City Council Date: 1/5/06 TO: Gary Crutch e Manager Workshop: 1/9106 FROM: Elden Buerkle, anagement Assistant SUBJECT: Council Chamber Audio and Video Systems I. REFERENCES: A. Advanced Broadcast Solutions Proposal. B. Information on Hitachi and Ikegami cameras. (City Council packets only; copy available for public review in City Manager's Office.) II. ACTION REQUESTED OF COUNCIL: 119: Discussion and direction to staff. III. FISCAL IMPACT: Approximately $68,000 to install a video system and update the audio system in the Council Chambers. IV. HISTORY AND FACTS BRIEF: A. Council directed staff to develop n estimate of the cost to install equipment to P broadcast meetings of the City Council and boards and commissions over the Charter cable TV system. Staff suggested that it would make sense to look at updating the Council Chamber audio system at the same time. B. Staff solicited proposals from two audio/video firms recommended by those with knowledge of the field and reported those to Council in November. Council decided to explore fiirther the proposal from Advanced Broadcast Solutions (ABS) for $68,500 and request that ABS perform a demonstration comparing the two cameras under consideration: Hitachi HV-D30 and Ikegami ICD-608, V. DISCUSSION: A. The Advanced Broadcast Solutions (ABS) proposal: $68,500 VIDEO: The ABS proposal appears to include everything we need for live cablecast of council and board and commission meetings and to record them for automated playback over the cable system on a predetermined schedule. It includes Hitachi 800 line cameras, at a cost of approximately $2,200 each. ABS, suggested as an alternative to the 800 line Hitachi cameras that we consider Ikegami cameras with 480 horizontal lines (around $300 each). At our request, ABS produced a demonstration DVD comparing the two cameras. In viewing the demo DVD, we noticed the picture appeared a little clearer with the Hitachi (800 line) cameras, but not extremely so. We suspect there might be a more noticeable difference in the quality of the pictures from the two cameras in an actual broadcast situation. In all our discussions with those knowledgeable about video technology, it was recommended that we use cameras with at least 600 lines of horizontal resolution. This is because television monitors have 525 lines of horizontal resolution. If a camera with fewer than that Humber of lines is used, there will be a decrease in the 3(k) quality of the picture. The primary advantage of the Hitachi camera is that it meets the 600 line requirement. At this time, we plan to configure the cameras in a fixed focus anode: one fixed on the council dais, one on staff, and one on the podium (presentations made through the digital presenter will also be broadcast). However, if in the future it is decided that a more sophisticated presentation is desired, pan-tilt controllers and motorized lenses may be added to the Hitachi cameras to permit close-ups and other changes in focus, panning, etc. The primary advantage of the Ikegami cameras is price. For the three cameras needed, there would be a total saving of$5,000 to $6,000 if they are selected over the Hitachi cameras. Also, as they are installed in a dome (which can be recessed), the Ikegami cameras may be more aesthetically pleasing than the Hitachi cameras, which would need to be mounted on brackets suspended from the ceiling. If, as discussed above, in the future a more sophisticated type of broadcast is desired, the Ikegami cameras would need to be removed and replaced with better quality cameras. AUDIO: The proposal for the audio system is to replace our microphones and all the table-top equipment with Sennheiser equipment, leaving the amplifier and all the other equipment in the back closet in place. Also, included is equipment to digitally record and reproduce audio recordings of meetings on cd and copy them to cassette tapes. (A cassette tape system may not be necessary.) B. Recommendation: Staff recommends that the Hitachi 800 line cameras be selected. Or if Council desires the Ikegami 480 line cameras, the cost would be reduced by approximately $6,000. With Council concurrence, staff will develop a formal agreement with Advanced Broadcast Solutions for technical consultation services for the installation of video and audio systems for final approval by Council. AGENDA REPORT NO. 5 FOR: City Council DATE: 1/5/06 TO: Gary Crutchfi t Manager r WORKSHOP: 1/9/06 Richard J. Srnit irector �O REGULAR: 1/17/06 Community an Economic Development FROM: David 1. McDonald, City Planner f SUBJECT: Proposed code amendment for PMC- 26. (Short Plat Notification) (MF # 05-166-CA) I. REFERENCE(S): A. Proposed Ordinance B. Memo to Planning Commission: Dated 12/15/05 B. Planning Commission Minutes: Dated 11/17/05 & 12/15/05 II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 1/9/06 Discussion: 1/ 17/06 Motion: I move to adopt Ordinance No. , amending Pasco Municipal Code Title 26 by creating provisions for short plat notification and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Upon request by the City Council the Planning Commission held a public hearing on December 15, 2005 to consider a code amendment that would create provisions for adjoining property owner notification of a pending short plat approval. B. At the conclusion of the December 15th public hearing the Planning Commission recommended approval of the attached code amendment. V. DISCUSSION: A. The current subdivisions regulations do not provide a process for notification of adjoining property owners of a pending short plat approval. Short plat approval is an administrative process involving review by the Planning and Engineering Departments. Unlike preliminary plats that require notification of adjoining property owners and a public hearing, short plats are reviewed and approved administratively by City staff members. B. The proposed code amendment creates a. process for short plat approval that provides an opportunity for adjoining property owners to comment, if they wish, on proposed short plats. C. Under the proposal short plat approvals would still be an administrative process. 3(I) ORDINANCE NO. AN ORDINANCE relating to subdivisions, amending PMC Title 26 dealing with Short Plats. WHEREAS, cities have the. responsibility to regulate and control the physical development within their borders and ensure the public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has subdivision regulations that encourage orderly growth and development of the City; and, WHEREAS, from time to time, the City Council causes the subdivision regulations to be reviewed to ensure they fulfill their intended purposes; and, WHEREAS, the City Council has determined that to further the purposes of maintaining a quality community, it is necessary to amend PMC Title 26; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 26.36.080 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 26.36.080 ADMINISTRATIVE DUTIES. The City Planner is vested with the duty of administrating the provisions of this chapter. (1) An application for short plat approval shall be approved, approved with conditions, returned to the applicant for modifications, or denied within thirty (30) days of its receipt by the City Planner unless the applicant agrees, in writing, to an extension of this period. The City Planner shall not be considered to be in receipt of an application for short plat approval unless and until such time as the application meets the requirements of Section 26.36.040, 26.36.050, 26.36.060 and 26.36.070, as determined by the City Planner. (2) Upon receiving a complete application for short plat approval, the City Planner shall transmit a copy of the short plat, together with copies of any accompanying documents as the City Planner deems appropriate, to the following: (a) City Engineer, who shall review the proposed short plat with regard to its conformance to the general purposes of adopted traffic and utility plans, adequate provisions for storm drainage, streets, alleys, other public ways, parks and playgrounds, schools and school grounds, sidewalks and other planning features that assure safe walking conditions for students, water and sanitary sewer, and conformance to any applicable improvement standards and specifications; (b) Fire Chief, who shall review the proposed short plat with regard to adequate provisions for emergency access; Lc) All property owners within 300 feet of the proposed short plat. {e-�Ldj Any other City department, utility provider, school district or other public or private entity as the City Planner deems appropriate. (3) In transmitting the proposed short plat to the parties referenced above, the City Planner shall solicit their comments and recommendations, and note the date by which comments and recommendations must be received by the City Planner in order to be considered. Comments from property owners must be received by the Citu Planner in writing within 10 days of the date of the notice in order to be considered. The City Planner shall respond in writing to any property owner comments received within 5 working days of receipt of the comments. The respondent shall then have 7 days to file an appeal with the Communitu and Economic Development Director. Any comments received within the 10 day notice period by that shall be incorporated into the formal findings which will form the basis of the City Planner's decision on the short plat. If no comments are received from any of the parties referenced above, the City Planner shall make such findings as he/she reasonably deems appropriate. However, in every case a proposed short plat shall contain a statement of approval from the City Engineer, as to the survey data, the layout of streets, alleys and other rights-of-way, design of sewer and water systems and other infrastructure. The City .Planner shall not approve a short plat, which does not contain a statement signed by the City Engineer. (Ord. 3398 Sec. 2, 1999.) Section 2. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , amends PMC Section 26.36.080 by providing adjoining property owners notification of proposed short plats. The full text of Ordinance No. , is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293, Pasco, Washington 99301 or online at :http://www.ci.pasco.wa.us/pmc/pmcindex.htm. Webster U. Jackson, City Clerk Memo To: Planning Commission From: Jeff Adams, Associate City Planner Subject: Public Notice Requirements for Short Plats Date: December 15, 2005 At the last regular meeting the Planning Commission held a workshop session to consider a request by the City Council to amend the subdivision regulations. The City Council specifically asked the Planning Commission to consider an amendment that would mandate notifying nearby property owners of pending short plats in a way that essentially reflects the notification procedure used for rezones and long plats. Staff reviewed the following recommendations: 1) Add a section under 26.36.080(2) "administrative duties" that would specifically mandate notification to "Property owners within 300 feet of a proposed short plat. 2) Add wording under section 26.36.080(3) "administrative duties" that would allow property owners within 300 feet of a proposed short plat to submit comments for consideration, and would require those comments to become part of the official file. 3) Add verbiage under section 26.36.080(3) "administrative duties" that would require the City Planner to respond within 10 days to any comments received from property owners within 300 feet of a proposed short plat within the allotted time period. 4) Amend section 26.36.080(3) "administrative duties" to allow property owners within 300 feet of a proposed short plat to appeal decisions made by the City Planner to the Community and Economic Development Director within 7 days of the City Planner's written response. The proposed code amendment is attached. REGULAR MEETING November 17, 2005 PLANNING COMMISSION MINUTES NOVEMBER 17, 2005 CALL TO ORDER: A. Workshop: CODE AMENDMENT: Short Plat Notification (City of Pasco) (MF# 05-166-CA) Staff explained this item was sent to the Planning Commission by the City Council. Staff noted proposed changes would provide property owners within 300 feet notice of a pending Short Plat. The property owners would be afforded an opportunity to submit comments on a short plat proposal. The proposed code amendment would also allow an appeal process to the Community and Economic Development Director. Staff also explained that a short plat was a land subdivision creating nine lots or less. Commissioner Gundy asked for a review the proposed changes. Staff stated the proposed changes would provide notification to property owners within 300 feet of the proposed short plat and those owners would be able to make comments on a proposed short plat. Acting Chairperson Smurthwaite asked if it was appropriate for the Community Development Director to review the appeal. Staff stated that the appeal to the Community Development Director would allow the short plat to be handled administratively. Staff noted that the Community Development Director's decision could be appealed to the City Council. REGULAR MEETING December 15, 2005 PLANNING COMMISSION MINUTES DECEMBER 15, 2005 CALL TO ORDER: B. Public Hearing: CODE AMENDMENT, Public Notice Requirements for Short Plats (MF# 05-166-CA Chairman McCollum read the master file number and asked for the Staff report. amp. � Staff explained this item was sent to tk ' 'lann� ; C€ nission by the City Council. Staff noted the proposed chag `s woud pr ;Property owners within 300 feet notice of a pending Shot I' at Thyproe�',, WXI� mould be afforded an opportunity to submit comments ors°'a short platpposal. The proposed code amendment would also allbun appeal process to the Community and Economic Development Director r Chairman McCollum asked if there were any que4'di%Q ,taff. Commissioner Gundy asked if thine amendment1 give surrounding property owners more of a voice the,..'.:heyi,have iE Staff responded that it would give 4m a change tc voice there opinion. CHAIRMAN MCCOLLUM OPENk&; THE: P'UBLI', HEARING AND ASKED IF THERE WAS ANY ONE i"ItESENT TIAT WISHED TO SPEAK ON THIS MATTER. There was no one presenthing to spew cart; he issue. Following three (3) call" fry bairman McCollum for comment from the floor, either for or against, the pu # eeting was declared closed. m, Commis =,'' rc50z� mover , fhb Planning Commission close the public hearir�gi�dh'' ff�e Cadet amendment, d recommend to the City Council the cods amendment be~aiped as presented. Conrnssioner Hay secard motion carried unanimously. �' z, : u:i;;;;rn':y:sxsiri;'n,;�Iv{3£y�' r!• ...•'.x::3(' E3t,i3 lii!ii3iii;3;w• 3i%t AGENDA REPORT FOR; City Counciln January 4, 2006 TO: Gary Crutch a it Manager Workshop Mtg.: 1/9/06 Regular Mtg.: 1/17/06 FROM: Stan Strebel, ini ;4 a Community Services Director SUBJECT. Conveyance of Mineral Rights for Baseball Stadium/Soccer Complex Property I. REFERENCE(S): A. Quit Claim Deed II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 119: Discussion 1/17: MOTION; I move to accept the Quit Claim Deed from Gary and Carol Maughan and to authorize the Mayor to sign the Real Estate Tax Affidavits. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) The City's original purchase of the property for the baseball stadium and soccer complex did not include mineral and gas and oil rights, these having been reserved in prior conveyances of the property. B) The City was recently approached by Gary and Carol Maughan with a desire to gift the mineral rights (excepting oil and gas) to the City. The Maughans have executed the attached quit claim deed in order to convey their interest in the mineral rights. C) Staff recommends that council accept the gift. 3(m) Recorded at the Request of And after Recording Return to: Leland Kerr 7025 West Grandridge Boulevard Suite A Kennewick, Washington 99336 Document Title: Quitclaim Deed Grantor(s):Gary and Carol Maughan,husband and wife Grantee(s):City of Pasco,a Washington Municipal Corporation Legal Description(abbreviated): Section 15,Township 9 North,Range 29 East W.M.,Franklin County Washington Full Legal Description on Page(s): 1 Assessor's Property Tax Parcel/Account# 117-370-015 Reference Nos. (1f applicable):Not Applicable. QUITCLAIM DEED THE GRANTORS, Gary and Carol Maughan, husband and wife, convey and quitclaim to GRANTEE City of Pasco, a Washington Municipal Corporation, all interest in the following described real estate: All of that portion of the west half, lying northerly of the northerly line of Interstate Highway No. 182 in section 15, Township 9 North, Range 29 East W.M., records of Franklin County, Washington, except the West 1630 feet thereof. Reserving all oil, gas, and petroleum to the Grantor. Consisting of 68.06 acres, more or less. DATED this day of December, 2005. SELLERS: Gary X416ugKan Carol Maughan Page 1 of Z STATE OF WASHINGTON } } SS COUNTY OF C-T d T&V, r } On this day personally appeared before me Gary Maughan to me 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 for the uses and purposes therein mentioned. Given under my hand and official seal this .� day of Amgust,2005. Mfr'' Signature. C { '> kk Cj` `.•' $5tQ y; Name(Print): �a—g-t o NOTAqk NOTARY PUBLIC in and for^ee State `N��.• (43L1C of Washington,residing at fJ :'0- My appointment expires: o$•' F' ''••.......•' G�'�ftt =0� WASN\'' 1) STATE OF WASHINGTON } } SS COUNTY OF o T f i t } On this day personally appeared before me Carol Maughan to the known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act for the uses and purposes therein mentioned. ��e✓ Given under my hand and official seal this -�b day of Ate,2005.. Signature: Fi Name(Print): iROT NOTARY PUBLIC in and forA State �•.. yiz • Pus of Washington,residing at Na UBLIC r Rb ,� My appointment expires: - � Page 2 of 2