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HomeMy WebLinkAbout2006.01.17 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 P.M. January 17,2006 Please note that our Council Meeting will take place on Tuesday,January 17 as City Hall will be closed Monday,January 16 in honor of Martin Luther King Jr. 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Counciimembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated January 3, 2006. 2. Minutes of the Special Pasco City Council Meeting dated January 9, 2006. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of $721,449.00 ($56,558.41 consisting of Claim Warrants numbered 152513 through 152514 and $664,890.59 consisting of Claim Warrants numbered 152529 through 152726). (2005 EXPENSES) 2. To approve General Claims in the amount of$579,090.95 ($173,718.85 being in the form of Wire Transfer Nos. 4466 and 4468 and, $61,972.69 consisting of Claim Warrants numbered 152515 through 152528 and $517,118.26 consisting of Claim Warrants numbered 152727 through 152764). (2006 EXPENSES) 3. To approve bad debt write-offs for utility billing, ambulance, miscellaneous, code enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of $204,221.58 and, of that amount, authorize $129,188.22 be turned over for collection. (c) 2006 Interlocal Agreement for Correctional Facilities Use: 1. Agenda Report from Denis Austin, Chief of Police dated December 19, 2005. 2. Proposed Agreement. To approve the Interlocal Agreement with Franklin County for Correctional Facilities use and, further,to authorize the Mayor to sign the agreement. (d) Modification of Project Scope for Sun Willows Golf Course Pond Improvements: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated December 9, 2005. 2. Capital Project Sheet. To authorize staff to expend the funds remaining in the Golf Course Pond Improvement Project budget for golf cart path improvements. (e) Golf Course Lease Revised Payment Schedule: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated December 15, 2005. 2. Letters from I.R.I. (October,December). 3. Proposed Amendment No. 2 to Golf Course Lease Agreement. To approve Amendment No. 2 to the Golf Course Lease Agreement and, further, to authorize the Mayor to sign the document. (f) Commitment to Assume Wade Park Lease—Boat Launch Project: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated January 5, 2006. 2. Draft letter to Franklin County Commissioners. To authorize the City Manager to execute the Letter Agreement with Franklin County on the Road 54 Boat Launch/Wade Park Lease. Regular Meeting 2 January 17,2005 (g) Conveyance of Mineral Rights for Baseball Stadium/Soccer Complex Property: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated January 4, 2006. 2. Quit Claim Deed. To accept the Quit.Claim Deed from Gary and Carol Maughan and, further, authorize the Mayor to sign the Real Estate Tax Affidavits. *(h) Final Plat—Wilson Meadows,Phase 3 (3-Rivers Properties) (MF#05-184-FP): 1. Agenda Report from David I. McDonald, City Planner dated January 11, 2006. 2. Vicinity Map. 3. Copy of Final Plat (Council packets only; copy available in Planning Office for public review). To approve the final plat for Wilson Meadows, Phase 3. *(i) Resolution No. 2931, a Resolution confirming Mayoral appointments of Councilmembers to various Boards and Committees. 1. Agenda Report from Gary Crutchfield, City Manager dated January 12, 2006. 2. Proposed Resolution. 3. Proposed list of Board and Committee Assignments for 2006-2007. To approve Resolution No. 2931, confirming Mayoral appointments to various Boards and Committees. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers. (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: *(a) Street Vacation—A Portion of North Main Avenue and Pueblo Street(MF#05-179-V): 1. Agenda Report from David 1. McDonald, City Planner dated January 12, 2006. 2. Proposed Ordinance and Vicinity Map. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating a portion of North Main Avenue and Pueblo Street. MOTION: I move to adopt Ordinance No. , vacating a portion of North Main Avenue and Pueblo Street and, further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) 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. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated December 12, 2005. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. amending Title 8.02 of the Pasco Municipal Code regarding Dangerous and Potentially Dangerous Animals and, further, to authorize publication by summary only. Regular Meeting 3 January 1.7,2005 (b) 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. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated January 11, 2006. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , amending PMC Section 9.20.020 and, further, to authorize publication by summary only. (c) Ordinance No. , an Ordinance relating to subdivisions, amending PMC Title 26 dealing with Short Plats. 1. Agenda Report from David I. McDonald, City Planner dated January 5, 2006. 2. Proposed Ordinance. 3. Memo to Planning Commission: dated 12/15/05. 4. Planning Commission Minutes: dated 11/17/05 & 12/15105. 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. (d) Resolution No. , a Resolution supporting the Benton-Franklin Homeless Housing Plan for 2006-2015. 1. Agenda Report from Richard J. Smith, Community&Economic Development Director dated January 6, 2006. 2. Resolution. 3. Homeless Housing Plan, 2006-2015 (Council packets only; copy available in Community Development Department for public review). MOTION: I move to approve Resolution No. supporting the Benton-Franklin Homeless Housing Plan for 2006-2015. (e) School District Levy/Bond Propositions: 1. Agenda Report from Gary Crutchfield, City Manager dated January 13,2006. 2. Resolution supporting the Capital Bond Proposition. 3. Resolution supporting the Special Replacement Tax Levy. Resolution No. , a Resolution supporting the Pasco School District 2006 Capital Bond Proposition. MOTION: I move to approve Resolution No. supporting the Pasco School District's 2006 Capital Bond Proposition. -AND- Resolution No. a Resolution supporting the Pasco School District 2006 Special Replacement(M&O)Tax Levy. MOTION: I move to approve Resolution No. supporting the Pasco School District's 2006 Special Replacement(M&O)Tax Levy. 9. UNFINISHED BUSINESS: (none) 10. NEW BUSINESS: (a) Professional Services Agreement with CH2M Hill for the Primary Digester Facilities, Tasks 6 through 9: 1. Agenda Report from Robert J. Alberts,Public Works Director dated January 4, 2006. 2. May 25, 2005 Professional Services Agreement. 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. (b) Amendment Number 3 to S&B Inc., Professional Services Agreement for Instrumentation and Control Work: 1. Agenda Report from Robert J. Alberts, Public Works Director dated January 11, 2006. 2. Amendment No. 3. MOTION: I move to approve Amendment Number 3 to the Professional Services Agreement with S&B Inc., for Instrumentation and Control Work. *(c) Utility Franchise Agreement with Franklin County: 1. Agenda Report from Gary Crutchfield, City Manager dated January 12, 2006. 2. New Franchise Agreement (Council packets only; copy available in Public Works Director's office for public review). MOTION: I move to approve the Utility Franchise Agreement with Franklin County and, further, authorize the City Manager to sign the agreement. Regular Meeting 4 January 17,2005 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter REMINDERS: 1. 5:30 p.m., Wednesday, January 18, Roy's Smorgy, Kennewick — Good Roads Association Board Meeting. 2. 11:30 a.m., Thursday, January 19, Anthony's, Richland—January Mayor's Meeting. (MAYOR JOYCE OLSON) 3. 12:00 p.m., Thursday, January 19, 720 W. Lewis Street — Pasco Downtown Development Association Board Meeting. 4. 8:00 a.m. to 1:30 p.m., Friday, January 20, Three-Rivers Convention Center — TRIDEC Economic Outlook Forum 2006. (MAYOR JOYCE OLSON, COUNCILMEMBERS BOB HOFFMANN and TOM LARSEN) 5. 11:30 a.m., Friday, January 20, Roy's Smorgy — Benton-Franklin Council of Governments Board Meeting. MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 3, 2006 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Michael Garrison, Mayor. ROLL CALL: Councilmembers present: Robert Hoffmann, Joyce Olson, Tom Larsen, Joe Jackson, Matt Watkins and Michael Garrison. Rebecca Francik arrived at 7:58 p.m. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; Bob Alberts, Public Works Director; Doug Bramlette, City Engineer; David McDonald, City Planner; Greg Garcia, Fire Chief; Denis Austin, Police Chief, Elden Buerkle, Management Assistant, and Marjorie Worden, Information Services Manager. The meeting was opened with the Pledge of Allegiance. Oath of Office: Mr. Webster Jackson, City Clerk, administered the Oath of Office to Councilmembers: Mike Garrison (District 2); Robert Hoffinann(District 3); Councilmember Elect, Joyce Olson(District 4); and Tom Larsen(At-Large, Position 7). Election of Mayor and Mayor Pro-Tem. This item moved to Miscellaneous Discussion. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated December 19, 2005. (b) Bills and Communications: To approve General Claims in the amount of$830,810.19 ($124,949.67 being in the form of Wire Transfer Nos. 4458 and 4462 and, $705,860.52 consisting of Claim Warrants numbered 152306 through 152492). (2005 EXPENSES) To approve General Claims in the amount of$898,064.60 ($898,064.60 consisting of Claim Warrants numbered 152493 through 152512). (2006 EXPENSES) To approve Payroll Claims in the amount of S 1,680,681.49, Voucher Nos. 33955 through 34052; and EFT Deposit Nos. 30007764 through 30008220. (c) Final Plat: Broadway Place Phase 4 (Formerly Town & Country Village) (Neighborhood Inc.) (MIT#05-172-FP): To approve the final plat for Broadway Place Phase 4. (d) Resolution No. 2928, a Resolution accepting work performed by Classic Concrete Design under contract for the 2005 Handicap Ramp Project No. 05-3-09. To approve Resolution No. 2928, accepting the work performed by Classic Concrete Design under contract for the 2005 Handicap Ramps,Project No. 05-3-09. (e) Resolution No. 2929, a Resolution accepting work performed by Sharpe & Preszler, under contract for the West Court Street Sewer Project No. 05-1-02. To approve Resolution No. 2929, accepting the work performed by Sharpe &Preszler under contract for the West Court Street Sewer, Project No. OS-1-02. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 3, 2006 (f) Resolution No. 2930, a Resolution accepting work performed by Watts Construction, Inc., under contract for the Road 68 Sewer Line Extension Project No. 05-1-04. To approve Resolution No. 2930, accepting the work performed by Watts Construction Inc., under contract for the Road 68 Sewer Line Extension, Project No. 05-1-04. MOTION: Mr. Jackson moved to approve the Consent Agenda as read. Mr. Watkins seconded. Motion carried by unanimous Roll Call vote VISITORS - OTHER THAN AGENDA ITEMS: Mr. Mike Miller, 507 W. Clark St., Co-Chair of Pasco Citizens for Better Schools Levy and Bond Committee, explained the bond and levy issues on the ballot February 7th and asked for Council's support. MOTION: Ms. Olson moved to fix 7:00 p.m. Monday, January 9th, 2006 in the City Council Chambers as the time and place for a Special Meeting of the City Council to conduct a Public Hearing to consider taking a formal position in support of, or in opposition to, the Pasco School District ballot issues scheduled for public vote on February 7, 2006. Mr. Jackson seconded. Motion carried. NEW BUSINESS: Award Butterfield Water Treatment Plant Raw Water Intake Piping: MOTION: Mr. Jackson moved to award the low bid for the Butterfield Water Treatment Plant Raw Water Intake Piping, Project No. 04-2-13 to Ray Poland & Sons for the amount of$669,966.54 including sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Watkins seconded. Motion carried by unanimous Roll Call vote. Award of Water Filtration Plant Improvements, Project No. 06-2-02: MOTION: Mr. Jackson moved to award a contract for the Water Filtration Plant Improvements, Project No. 06-2-02 to Booth Construction in the total amount of $109,500.00 including applicable sales tax and, further, to authorize the Mayor to sign the contract documents. Mr. Watkins seconded. Motion carried by unanimous Roll Call vote. Primary Digester Facility, Project No. 05-1-09,Award: MOTION: Mr. Jackson moved to award the low bid for the Primary Digester Facility project to Apollo, Inc., in the amount of$2,587,872.90, including sales taxes and, further, to authorize the Mayor to sign the contract documents. Mr. Watkins seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Trakit Presentation. Mr.Rick Smith, Community&Economic Development Director and Ms. Marjie Worden, Information Services Manager, demonstrated the new Community Development software system. Parks & Recreation On-Line Registration Presentation. Mr. Stan Strebel, Administrative & Community Services Director and Ms. Marjie Worden, Information Services Manager demonstrated the new Parks &Recreation On- Line Registration software. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 3, 2006 Council Representation on Boards & Committees: Mayor Garrison requested Councilmembers consider the Boards & Committees they would like to serve on and report back to the Mayor. Mayor Garrison called a 5 minute recess at 7:53 p.m. Mayor Garrison called the meeting back to order at 7:58 p.m. Ms. Francik arrived at 7:58 p.m. Election of Mayor and Mayor Pro-Tem: Mr. Watkins nominated Ms. Olson for Mayor. Mr. Jackson seconded. Mr. Larsen nominated Mr. Jackson for Mayor. Mr. Jackson declined. Mr. Watkins moved nominations be closed.Ms. Francik seconded. As the only candidate, Mayor Garrison declared Ms. Olson Mayor for years 2006 and 2007. Ms. Francik nominated Mr. Watkins for Mayor Pro-Tem. Ms. Olson seconded. Mr. Larsen nominated Mr. Hoffman for Mayor Pro-Tem. Mr. Watkins was elected Mayor Pro-Tem by the following Roll Call vote: Watkins— Hoffman, Jackson, Olson, Watkins, Francik, Garrison. Hoffman—Larsen. Mayor Garrison expressed appreciation to the Council and voters for his time as Mayor. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:05 p.m. APPROVED: ATTEST: Michael L. Garrison, Mayor Webster U. Jackson, City Clerk PASSED and APPROVED this 17`h day of January, 2006. 3 MINUTES SPECIAL MEETING PASCO CITY COUNCIL JANUARY 9, 2006 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Tom Larsen, Robert Hoffmann, Matt Watkins, Rebecca Francik, Joe Jackson, Michael Garrison, and Joyce Olson Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Doug Bramlette, City Engineer; Denis Austin, Police Chief; Greg Garcia, Fire Chief; Elden Buerkle, Management Assistant and Webster Jackson, City Clerk. The meeting was opened with the Pledge of Allegiance. BUSINESS ITEMS: School District Levy/Bond Propositions: Mr. Crutchfield outlined the school district's ballot propositions. Ms. Francik noted the appearance of a conflict of interest because her employment with the School District could be affected by the O&M levy and recused herself from participation in the O&M levy issue. Messrs. Hoffman and Larsen stated Council should not take a stand on this issue. Messrs. Watkins, Garrison, and Jackson noted they support Council taking a position regarding both propositions. Ms. Francik spoke in support of taking a position on the capital bond issue. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER WHETHER COUNCIL SHOULD TAKE A FORMAL POSITION,AND IF SO,WHAT THAT POSITION SHOULD BE,ON THE PASCO SCHOOL DISTRICT O&M LEVY/CAPITAL BOND PROPOSITIONS. Mr. Mike Miller, 507 W. Clarks St., Co-Chair of Pasco Citizens for Better Schools Levy and Bond Committee, explained the tax rate for the capital bond and O&M levy issue has decreased and asked for Council's support. Mr. Ricardo Espinoza, 1732 W. Court St., President of the Pasco School Board, noted there is a lot of public support for Pasco schools and how important the O&M levy is in providing a wide variety of educational programs. Mr. Sven Dailey, 2107 N. 9'h Ave., will personally support the levy and bond, but does not think the City Council should take a formal position on the issue. Mr. Brad Peck, 200 Rd 34, noted Council is elected and paid by citizens of Pasco to conduct the City's business not the School District's business. i Mr. Fred Nimmo, 1915 W. Hopkins St., does not want Council to take a position on this issue. FOLLOWING THREE CALLS FROM MAYOR OLSON FOR COMMENTS,EITHER FOR OR AGAINST,THE PUBLIC HEARING WAS DECLARED CLOSED. Council consensus was to support both the O&M levy and the capital bond and instructed staff to prepare Resolutions for the regular meeting on January 17, 2006. 3(a).2 MINUTES SPECIAL MEETING PASCO CITY COUNCIL JANUARY 9, 2006 ADJOURNMENT: There being no further business, the meeting was adjourned at 7.40 p.m. APPROVED: ATTEST: Michael L. Garrison, Mayor Webster U. Jackson, City Clerk PASSED and APPROVED this 17th day of January, 2006 2 CITY OF PASCO Council Meeting of: January 17,2006 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the de signed, eby certify under penalty of perjury that the materials have been furnished,the servic r ered o 'e.a r performed as described herein and that the claim is a just, due and unpaid oblig ion against e city nd that we are authorized to authenticate and c Gary ru Id, ity Mana r James W.Ch e, Finance Manager I// J We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Check No.s 152513 through 152514 are approved for payment in the amount of$56,558.41;that Check No.s 152529 through 152726 are approved for payment in the amount of$664,890.59,for a combined total of$721,449.00 on this 17th day of January,2006. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 581.26 Judicial 13,280.59 Executive 4,655.62 Police 2,800.64 Fire 6,366.30 Administration&Community Services 28,398.64 Community Development 43,318.53 Engineering 1,852.33 Non-Departmental 70,082.88 Library 1,023.02 TOTAL GENERAL FUND: 172,359.81 STREET 17,496.65 C. D. BLOCK GRANT 3,774.88 KING COMMUNITY CENTER 4,044.95 AMBULANCE SERVICE 9,208.03 CEMETERY 800.36 ATHLETIC PROGRAMS 2,584,00 SENIOR CENTER 5,110.85 MULTI MODAL FACILITY 1,483.33 SPECIAL ASSESSMNT LODGING 14,239.86 LITTER CONTROL 2,174.28 REVOLVING ABATEMENT 509,00 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 0.00 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 1,044.73 METRO DRUG FORFEITURE FUND 1,300.57 GENERAL CONSTRUCTION 113,313.66 WATERISEW ER 300,138.41 EQUIPMENT RENTAL-OPERATING 13,934.82 EQUIPMENT RENTAL- REPLACEMENT 0.00 MEDICADDENTAL INSURANCE 28,283.02 PUBLIC FACILITIES DIST 22,324.59 FIRE PENSIONS 0,00 PAYROLL CLEARING 315.73 LID CONSTRUCTION 7,007.47 GRAND TOTAL ALL FUNDS: $ 721,449.00 2005 EXPENSES 3{b).1 CITY OF PASCO Council Meeting of: January 17,20.0_6 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We,the u ersigned, do eby certify under penalty of perjury that the materials have been furnished,the services re, or e labo performed as described herein and that the claim is a just,due and unpaid obligat' against e city a that we are authorized to authenticate and o to sai cl ' Gary rutc iel ity Ma a er James W.g se, Finance Manager W ,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 4466 and 4468 in the amount of$173,718.85, have been authorized;that Check No.s 152515 through 152528 are approved for payment in the amount of$61,972.69;that Check No.s 152727 through 152764 are approved for payment in the amount of$517,118.26,for a combined total of$752,809.80 on this 17th day of January, 2006. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 837.98 Judicial 699.44 Executive 179.55 Police 4,583.14 Fire 1,119.83 Administration &Community Services 32,180.34 Community Development 669.31 Engineering 51.31 Non-Departmental 183,881.93 Library 0.00 TOTAL GENERAL FUND: 224,202.83 STREET 44,003.13 C. D. BLOCK GRANT 100.89 KING COMMUNITY CENTER 2,044.89 AMBULANCE SERVICE 18,648.46 CEMETERY 2,464.89 ATHLETIC PROGRAMS 2,100.00 SENIOR CENTER 6,017.10 MULTI MODAL FACILITY 1,500.00 RIVERSHORE TRAIL& MARINA MAIN 1,500.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 1,500.00 2002 UTGO REFUNDING BONDS 303.50 99 UTGO BONDS LIBR/FIRE STATION 303.50 STADIUM/CONVENTION CENTER 8,045.02 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 12.22 METRO DRUG FORFEITURE FUND 0.00 GENERAL CONSTRUCTION 16,513.00 WATER/SEW ER 190,433.19 EQUIPMENT RENTAL-OPERATING 25,997.14 EQUIPMENT RENTAL- REPLACEMENT 0.00 MEDICALIDENTAL INSURANCE 1,556.50 CENTRAL STORES 0.00 FIRE PENSIONS 0.00 PAYROLL CLEARING 31,844.69 LID CONSTRUCTION 0.00 GRAND TOTAL ALL FUNDS: $ 579,080.95 2005 EXPENSES 3(b).2 AGENDA REPORT FOR: City Council DATE: 01/11/2006 TO: Gary Crutchfi 1 , nager REGULAR: 01/17/2006 Sta ebel,A ministrative&Community Services Director FROM: J' C ,Fin ce Manager SUBJECT: D EBT WRITE-OFFS/COLLECTION. I. REFERENCE 0: Write-off and collection lists are on file in the Finance Department. 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing, ambulance, miscellaneous, code enforcement and Municipal Court non-criminal,criminal and parking accounts receivable in the total amount of$204,221.58, and, of that amount, authorize $129,188.22 be turned over for collection. III. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING -These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address, or are accounts in'occupant"status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE -These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. MISCELLANEOUS -These are all delinquent accounts over 90 days past due or statements that arc returned with no forwarding address. Those submitted for collection exceed$10.00. 4. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 5. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ 6.75 .00 6.75 Ambulance $ 75,026.61 10,900.00 85,926.61 Miscellaneous $ .00 511.75 511.75 Court A/R $ .00 103,018.00 103,018.00 Liens $ .00 14,758.47 14,758.47 TOTAL: $ 75,03336 129,188.22 204,221.58 IV. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).3 AGENDA REPORT For: City Council '' Date: 12/19/05 To: Gary Crutch i Manag W/Shop Mtg: 01/09/06 From: Denis Austin, Chief of Police Reg. Mtg: 01/17/06 Subject: 2006 Interlocal Agreement for Correctional Facilities Use I. References Proposed Agreement II. Action Requested Of Council /Staff Recommendations: 01/17 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(c) 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: I. 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 [/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.tail 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 1 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" 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 I 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)/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 15`h 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, medical/dental 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. Interlocal Agreement for Correctional Facilities Use - Page 4 i I i I 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. X11. 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 Interlocai 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 b 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 (hereinafter 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 Interiocal Agreement for Correctional Facilities Use- Page 9 AGENDA REPORT FOR: City Council December 9, 2005 TO: Gary Crutchfi y anager Workshop Mtg.: 1/9/2006 Regular Mtg.: 1117/2006 FROM: Stan Strebel, A mi ' t i ( an d Services ommunity ices Director `` SUBJECT: Modification of Project Scope for Sun Willows Golf Course Pond Improvements I. REFERENCE(S): A. Capital Project Sheet II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 119: Discussion 1117: 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: NIA 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(d) CITY OF PASCO CIP PROJECT FORM CIP Category Parks and Recreation 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 7/13104 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- 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 °-venue Net Impact 26 AGENDA REPORT FOR: City Council December 15, 2005 TO: Gary Crutchfi anager Workshop Mtg.: 1/9/06 Regular Mtg.: 1/17/06 FROM: Stan Strebel, A minis iid 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: 119: 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.T. 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(e) e THE I.R. I. GOLF GROUP, L.L.C. October 11,2005 Stan Strebel Administrative and Community Services Director City of Pasco P.Q. 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 fimded over the past five years. They have made a significant impact on the conditions of the golf course as well as the clubhouse area. IR1 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 Marchand 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 9M East sobow Gmms Drtve ?ucm4 BIZ 85749 P(520)749.4" F(520)760-8815 l THE I.R .I. GOLF GRouP, L.L.C. December 2, 2005 Stan Strebel Administrative and Community Services Director City of Pasco P.G. Box 293 Pasco,WA 99301 Dear Stan, In response to your October IS"'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 Peders Vice President 9777 East,Sadino greens Drive 7utsoi&AZ$5749 P(520)749.4000 F(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 5`h day of each calendar month during the term of this Lease, commencing on the 51h 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 $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 5'h day of the first full month following the Commencement Date. Provided however, commencing on January 1, 2006, Lessee shall pay monthly installments according to o the following schedule: January $0 February $3,125.00 March $6,250.00 April $10,937.50 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 25"' day of each calendar month during the Term of the Lease, commencing on the 25'h 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 5'h of each calendar month, commencing on the 5'h 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 I I I I i 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 FOR: City Council January 5, 2006 TO: Gary CrutchJ anager Workshop Mtg.: 1/9/06 Regular Mtg.: 1/17/06 FROM: Stan Strebel 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 1/17: 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. III. 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(f) CITY MANAGER (509) 545-3404 / Fax (509) 545-3403 1 P.O. Box 293 (525 North 3rd Accrue) Pasco,Washingron 99301 t January 18, 2006 Franklin County Commissioners 1016 N. 4t1i Pasco WA 99301 Re: Road 54 Boat Launch/Wade Park Lease Dear Commissioners: We recently reviewed (with Corps of Engineers real estate personnel and Tim Fife, County Engineer) the dilemma created by the County's termination of its lease with the Army for rivershore properties and the requirements of the Washington Interagency Committee for Outdoor Recreation (IAC) regarding funding for the Road 54 boat launch. 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 at this point in time 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 grant requirements 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 IAC 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 until the project is completed. • The City agrees to assume the lease responsibility for Wade Park, including the new 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 electric costs (pumping), garbage collection and portable toilets for the park area beginning in 2006. • Upon completion of the boat launch project the County will initiate transfer of the Erwen property (which was purchased with IAC funding) to the City to manage and continue development in conformance with the conditions of the purchase grant. Franklin County Commissioners January 18, 2006 RE: Road 54 Boat Launch/Wade Park Lease Page 2 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 GC/SS/tlz Franklin County Commissioners: Frank Brock, Chair Neva Corkrum Robert Koch AGENDA REPORT FOR: City Council January 4, 2006 TO: Gary Crutch e t Manager Workshop Mtg.: 1/9/06 Regular Mtg.: 1/17/06 FROM: Stan Strebel, mini t �aCommunity Services Director SUBJECT: Conveyance of Mineral Rights for Baseball Stadium/Soccer Complex Property L REFERENCE(S): A. Quit Claim Deed II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/9: 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(9) 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. (if 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.1 day of December, 2005. SELLERS: Gary m6ugllan Z ' G� Carol Maughan Page I of Z STATE OF WASHINGTON ) SS COUNTY OF ffbWTboj,-� ) 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 August,2005. Signature: �z-L�` ,,t ''ssioiy'• i ' Name(Print): l '{ Q- -rn�A�- o NOT r '01Z NOTARY PUBLIC in and forAe State` Nit. L1C •.'_ !1 of Washington,residing at My appointment expires: Al -3d IT STATE OF WASHINGTON ) SS COUNTY OF fWdCKT ) On this day personally appeared before me Carol Maughan to me 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. Given under my hand and official seal this 3 day of Ate,2005. Jf�fi ���, Signature' �f� SR,fit►{►���. o Dec i= Name(Print): /a, /CAL NOTARk �m 4 ; NOTARY PUBLIC in and for State Z i • p ` of Washington,residing at -fJ My appointment expires: �p ' ' O.' t Page 2 of 2 AGENDA REPORT NO. 5 FOR: City Council DATE: 1/ 11/04 TO: Gary Crutchfi Manager WORKSHOP: Richard J. Smi i ector REGULAR: l/17/04 Community an Economic Development FROM: David McDonald, City Planner SUBJECT: FINAL PLAT - Wilson Meadows, Phase 3 (3 Rivers Properties) (MF #05-184-FP) I. REFERENCE(S): A. Vicinity Map B. Copy of Final Plat (Council packets only; copy available in Planning Office for public review) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the final plat for Wilson Meadows, Phase 3. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a 118 lot preliminary plat for Wilson Meadows. Wilson Meadows is a proposed single family residential development located east of Road 108 and north of Court Street. B. The developer is now seeking final plat approval for Phase 3 of the Wilson Meadows development. V. DISCUSSION: A. Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the improvements. In this case, the developer has completed most of the improvements and has provided the City with a .bond in an amount sufficient ($109,262) to cover the costs of the outstanding improvements. B. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition the plat contains the required descriptions, dedications and acknowledgment and approval sections. VI. ADMINISTRATIVE ROUTING: 3(h) VICINITY MAP EXHIBIT A ItM WfL50N MWOW5 PNA5� 5 APPS ICA : C Ou L1 _ m I 4QQ, S� ONAGo ot I Y i AIfLOUR OR j o� °R WINTHROP DR �. WINTHROP OR I CHELAN CT +Ep _ i p 1 Q _ --..... AGENDA REPORT TO: City Council January 12, 2006 FROM: Gary Crutchfi 6 Manager Regular Mtg.: 1/17/06 SUBJECT: City Council R presentation on Boards and Committees I. REFERENCE(S): 1. Proposed Resolution 2. Proposed list of Board and Committee Assignments for 2006-2007 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/17: MOTION: I move to approve Resolution No. RC31 -, confirming Mayoral appointments to various Boards and Committees. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) City Council representation is required on a number of municipal and regional boards and committees. The practice of the City Council has been to make Council appointments to the various boards and committees on a biennial basis; thus, appointments generally are for a two-year period. Changes to these appointments, if necessary, can be made at any time by action of the Mayor and City Council. RESOLUTION NO. C7 r I A RESOLUTION confirming Mayoral appointments of Councilmembers to various Boards and Committees. WHEREAS, various boards and committees, serving both regional and local purposes, require representation by the Pasco City Council; and WHEREAS, PMC 2.06.020 reserves authority to the Mayor for appointment of members to advisory committees subject to confirmation of the City Council; and WHEREAS, Mayor Olson, after consultation with Councilmembers, has declared appointments to the respective boards and committees reflected in the list attached hereto; NOW THEREFORE, THE . CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1: The Pasco City Council hereby confirms the appointments to the respective boards and committees reflected in the list attached hereto, until otherwise modified by action of the Mayor and City Council. Passed by the City Council of the City of Pasco this 17th day of January 2006. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney i x Q U ti � x � ti U3x0aa U 0 O O p O O tZI cilia V O O O + c H w w O c,:. ..' vim-•. S�- FA cG cl "" U �i A CS w o .0 o o p C .4 Z a� W U >, ,�, o °o >, �_ >, au o r o LLJ �n [� P4 cn on o p�❑ p v, Z D U w w c U U i�lf Q N w a y E-i E-+ U U w t� a oa W U fy w W cad LU I� OC a P. a `'s a d a. CL T) a a. a. a CL 6 o. ci ry o 0 00 o Oo 0 0 0 0 8 o S ° x 0 0 0 0 0 0 0 Q F. M M O O O rM M .•i O M O M O M M M } O N- M �D [� o � m cl cl Z ' -a o Z cn rA IA F H Q H ' H H H H H a CA 0::J OG U d � 3 _ g a •� � � � � n n, � .� .� .� � a a d a d 0 tom.. m O co N � Q E o cq a ., N U -+' > c0a p o ° U -c a. a ° -o o �r a. at p U N G4 4. cn � �. '� •G." •in W ~ cl 3 •U d U p U O . � U pD p .. cn on U C7 U U o o Q W C7 w 0 Liw w w o cl w x o w U w W t.4 a vX E. m as 04 C7 124 as x > AGENDA REPORT NO. 4 FOR: City Council DATE: 1/12/06 TO: Gary Crutchfi y Manager WORKSHOP: Richard J. Sm ector REGULAR: 1/17/06 Community a d Economic Development FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION- A Portion of North Main Avenue and Pueblo Street. (MF #05-179-V) I. REFERENCE(S): A. Proposed Ordinance and Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION: I move to adopt Ordinance No. , vacating a portion of North Main Avenue and Pueblo Street and, further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of property in 1000 block of Main Street submitted a petition requesting vacation of a portion of North Main Street and Pueblo Street. B. North Main Avenue and Pueblo Street were both platted in 1891 and have remained undeveloped for 115 years. The owner of the property will use the land for a storage/laydown yard. V. DISCUSSION: The Council previously vacated a portion of Main Avenue directly north of the proposed vacation area. The Engineering Department has requested an easement be retained for the sewer line located near the center of the street. Qwest has also requested an easement be retained. VI. ADMINISTRATIVE ROUTING: 7(a) ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF NORTH MAIN AVENUE AND PUEBLO STREET. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That North Main Avenue from the north right-of-way line of Salt Lake Street to the north right-of-way line of Pueblo Street and Pueblo Street from the east right-of-way line of North Main Avenue to the northerly projection of the west line of Block 28 Frey's Addtion as depicted in Exhibit "1" be and the same is hereby vacated subject to the easement retained in Section 2 hereof. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the entire width of the vacated North Main Avenue . described in Section 1 above for the construction, repair and maintenance of utilities and services. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall be in full force and effect five days after passage and publication or summary publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting this day of 2006. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Webster W. Jackson, City Clerk Leland B. Kerr, City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. is an ordinance vacating a portion of N. Main & Pueblo. 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. Webster W. Jackson, City Clerk VICINITY m \P lf rM : VACATION OF I,16HT OF WAY APPLICANf: Gorald Clark � I I � # 05-179-v S� SvPER�°R d i v2 4 9L 5� Q 1.PK� S � i o r d v E. o 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, A strative and Community Services D22OZ SUBJECT: Amendments to Pasco Municipal Code Regarding Dangerous and Potentially Dangerous Animals I. REFERENCE(S): A. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/9: Discussion 1/17: MOTION: I move to adopt Ordinance No amending Title 8,02 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. 8(a) i 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 49 in the amount of at leas 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 polio less than 30 days prior to its date of cancellation or ex iration, 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 I� AGENDA REPORT FOR: City Council January 11, 2006 TO: Gary Crutch e anager Workshop Mtg.: 1/9/06 Regular Mtg.: 1/17/06 FROM: Stan Streb strative and Community Service ec or 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: Note: Since this item was presented to Council on January 9th, the City Attorney has re- evaluated the proposed penalties and determined that they were inconsistent with State law as required (misdemeanor, gross misdemeanor). Instead, the Attorney suggests that the appropriate penalty is a class 3 civil infraction. This penalty does not carry the possibility of jail time but only a monetary fine. The change as recommended by the Attorney is included in the attached ordinance. 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 9.20.020. 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. 8(b) 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. A) Upon the eandifiefts the herea-fter--speei€ied,At 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 aii#or, recreation buildings, facility or structures and r— striete ....,..s as peeif ea by r-esel::tieft of the City._no„ i1 within the City without a current rental permit issued by the City. The p°°°^ii° ' 'eh premises for- the p � . -� . -ekage eentaining liquor-, possessing or.displaying an open eentainer of liquar-aftWE) A rental permit may be issued upon application for such rental permit from the direet,... ofp..Fks and feere tie Administrative & Community Services Director of the City of Pasco or his design . Such rental permit sha4l 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; 02) Payment of rent in an.amount of fifty percent higher than the regular rental fee; (e3) The applicant deposits a sum of twe hundred fif<, del determined by the Administrative & Community 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; (f6) 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; (-h ) 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 of a Class 3 civil infraction and subject to the penalties imposed thereon by law.: H For f:f-s+ ens° a isd, lishable by a fine of not More-th-!An five hundred dellar-s, of-bv imvr-is9nnwFA Ifief not.ffler-e 1han two menths, or- for--net fnefe tha4 six mefiths-, an-' For- a irrnra-ar subS @EiuerA orrcn:i°c,-a-�TO��Sa°crircirix6i�3'd�vrc-v� for a first eganse be liable fer- a i3enalt-y ef fiet-mefe thaft five thousand dellafs, alld f—ef -A SP-P-P-144-d- lieense, arveth-., Section 2. This Ordinance shall take Bill force and effect five (5) days after its approval, passage and publication required by law. PASSED by the City Council of the City of Pasco, Washington and approved as Ordinance Amending PMC Section 9.20.020-2 provided by law this day of 12005, 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 . AGENDA REPORT NO. 5 FOR: City Council DATE: 1/5/06 TO: Gary Crutchfi Manager (( WORKSHOP: 1/9/06 Richard J. Smit irector �tJ REGULAR: 1/ 17/06 Community an Economic Development FROM: David I. McDonald, City Planner` , SUBJECT: Proposed code amendment for PMC- 26. (Short Plat Notification) (MF # 05-166-CA) I. REFERENCEM: 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. 8(C) 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 aRproyed, 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; i I (c) All property owners within 300 feet of the proposed short plat. {c+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 bu 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 Community and Economic Development Director. Any comments received within the 10 day notice period by that d^+° 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 end asked for the Staff report. a° Staff explained this item was sent to tE -: rir „Co ' by the City Council. Staff noted the proposed chs wotlsi property owners within 300 feet notice of a endin Sh t ` ` profit��{ � would be P g ;. E afforded an opportunity to submit corri3" r� i�b ` a short paps_al. The proposed code amendment would also t' ,3 appeal prQ, to the Community and Economic Development Dtt3 Chairman McCollum asked if there were any quest%Aft(i, taff. Commissioner Gundy asked if this mW's t t tendmen t=mill give surrounding property owners more of a voice thn 3 } �E s.ow. Staff responded that it would givL hem a, e! _ �rcaice there opinion. _ CHAIRMAN MCCOLLUM OPENED 'THE"�'iJBLIC ?IARING AND ASKED IF THERE WAS ANY ONE P SENT TI T WIS4iED TO SPEAK ON THIS MATTERx... ;� , There was no one hi to speak ct fhe issue. o Following three (3) calls'''rrhairman McCollum for comment from the floor, either for or ag ,nst, the puox eeting was declared closed. Cornrrisae ,r�cerson moiled the{ Planning Commission close the public hearg ,fin``tie Csendmen and recommend to the City Council the codIdrnetndment be adapted as presented. C.# thissioner Hay secor d,�1,! motion carried unanimously. :.:`r.._<.�"-Y '�is .::^.:.y ^.:s ts• glu a:-rear::v:?s:tt:t;t` :=i?2??'`J;°•r"Tr - ia$�3;t.f?�P . 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 1(l Community & conomic.Development SUBJECT: Support for Benton-Franklin County Homeless Housing Plan 1. 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. 8(d) 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 (1113 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 12006. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT TO: City Council January 13, 2006 FROM: Gary Crutchfi t Manager Regular Mtg.: 1/17/06 SUBJECT: School Distric Levy/Bond Propositions I. REFERENCE(S): 1. Resolution supporting the Capital Bond Proposition 2. Resolution supporting the Special Replacement Tax Levy II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/17: MOTION: I move to approve Resolution No. , supporting the Pasco School District's 2006 Capital Bond Proposition. MOTION: I move to approve Resolution No. supporting the Pasco School District's 2006 Special Replacement (M&O)Tax Levy. 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. A special meeting and public hearing was held on Monday, January 9. V. DISCUSSION: 8(e) RESOLUTION NO. A RESOLUTION supporting the Pasco School District 2006 Capital Bond Proposition. WHEREAS, the Pasco School District Board of Directors has placed a Capital Bond Proposition before the voters on February 7, 2006 to fund necessary capital projects, the largest of which is the construction of a second high school; and WHEREAS, Pasco High School is one of the most crowded high schools in the entire State of Washington and its overcrowded condition will continue to worsen, as Pasco High School is expected to house nearly 4,000 students by 2010; and WHEREAS, the quality of education experienced by Pasco students is influenced negatively by the over-crowded conditions of the high school; and . WHEREAS, the recent growth of the community has increased the property tax base sufficiently to support a bond issue to construct a second high school and provide for other capital projects needed throughout the District; and WHEREAS, the most recent calculation of the District's assessed value by the County Assessor reveals that the total cost of the Capital Bond Proposition will be approximately 50 cents per thousand of assessed value, reflecting an annual cost of only about $50 for a $100,000 home, or about $4 per month; and WHEREAS, the delivery of quality educational services is an important element of any community's quality of life, as it helps define the desirability of the community for resident purposes; NOW THEREFORE, I THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1: The Pasco City Council finds that the Capital Bond Proposition by the Pasco School Board warrants the support of the Pasco City Council. Section 2: The Pasco City Council hereby endorses and urges Pasco voters to vote in favor of the District's Capital Bond Proposition on February 7, 2006. Passed by the City Council of the City of Pasco this 17th day of January 2006. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney RESOLUTION NO. A RESOLUTION SUPPORTING THE PASCO SCHOOL DISTRICT 2006 SPECIAL REPLACEMENT (M&O) TAX LEVY. WHEREAS, in 2004 Pasco voters approved the two-year Pasco School District maintenance and operations levy; and WHEREAS,the levy will expire in December 2006; and WHEREAS, a two-year replacement levy will be needed to fund maintenance and operations for the years 2007 and 2008, as well as help fund anticipated increases in school enrollment; and WHEREAS, the 2006 replacement levy provides continued funding for school maintenance and operations; and WHEREAS, the rate appearing on the ballot for the replacement levy is estimated at approximately $4.45 per thousand dollars of assessed valuation, or $445 on a $100,000 home; and WHEREAS, historically, the actual amount of the levy has been lower than the estimated rate; and WHEREAS, now the most recent property valuation of the County Auditor indicates the actual amount of the levy will be approximately $4.22 per$1,000; and WHEREAS, it is in the best interest of the citizens of Pasco to have sufficient school funding; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby endorses the Pasco School District 2006 Special Replacement(M&O) Tax Levy to provide necessary school funding. PASSED by the City Council of the City of Pasco at a regular meeting this 17th day of January, 2006. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Webster Jackson, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT NO. 50 FOR: City Council January 4, 2oo6 TO: Gary Crutchfie i Manager Workshop Mtg: January 9,2006 Regular Mtg: January 17, 2006 FROM: Robert J. AlbeMf*gia-Works 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 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 119: Discussion 1117: 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 I 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 10(a) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and C142M 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 new Primary Digester Facility at the Wastewater Treatment Plant. I NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. SeoDe of work. 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 Iurnp sum amount of$199,800. CH2M HILL 1 Pnmary 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 shall pay the appropriate amount for each %'oucher 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 a ement. 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 professional 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(l 5) 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. CH 2M HILL 2 Primary Digester Facilities i 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 99381 Notices to the Consultant shall be sent to the following address: TONY KRUTSCH, P.E. CH2M HILL 88.36 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 S DAY OF. /10 44 20 CITY 40P ASC CONSULTANT: By. By: ickael L. Garrison,Mayor Its- � ATTEST: APPR ED- TO FORM: -'�J ��/� -- -AM-1 Webster U.Jackson City Clerk Leland B. Kerr, City Attorney CH2M HILL Primary Digester Facitities 4 AT'T'ACHMENT A CITY OF PASCO SCOPE OF SERVICES PRIMARY DIGESTER FACILITIES Introduction The City of Pasco Wastewter Facilities Plan dated June, 1993,and the Supplemental 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 recomnumded for the 2005 to 2008 time period to provide redundancy,and to meet the anticipated solids increase to the plant. The construction of a second DAFT, for redundancy and for increased solids production, was to be based on the operating experience of the City with the first DAFT wait 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 700,400 gallon primary digester was intended to provide sufficient volume for solids produced during the maximurn month conditions associated with an influent flow rate of approximate 4 mgd,and population equivalent of approximately 44,000. In addition to a second primary digester,the Citv of Pasco has identified certain items of work for the repair and improvement of the existing plant facilities to be incorporated into this Digester Facilities Pro t. Items to be included are as follows= • Drain,clean, 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. • 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. i City of Pasco Scope of Services-Primary Digester Facility Attachment A Page 2 The opinion of probable construction cost for the Digester 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 Primary Digester Facilities Project site,and with S& B, Inc. to prepare instrumentation and control plans and specifications for the Primary Digester Facili ties Project. Scope of Services The following identifies the anticipated improvements to be included in the rnmar Digester Facilities Px�a__jqct • 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 miner 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 HILT. 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-conti-tructed 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 Primary Digester Facilities Protect 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 • I &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 • Structural Notes • Structural Details • Digester Structural Plan (Base and Roof) • Digester Structural Sections and Details • Digester Structural Sections and Details • Digester Structural Details • Control Building Structural Details • Digester Mechanical Plan (Base and Roof) City of Pasco Scope of Services-Primary 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 • Flectrical Power Plan -Control Building Roof • Electrical Lighting Plan-Primary Pump Room • Electrical Equipment Schematics and One-Lines. • Elect al 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) • SCADA Block Diagram(S&B,Inc. under direct contract with City of Pasco) Submittal: Five hard copies of half-size drawings (i 1X17),draft specifications,and opinion of probable costs_ Task 4-Contract Documents(90 1.) The Design Deveiopment documents and comments received will be incorporated into Contract Documents necessary to bid and construct the project. Contract Documents will be available for final review by the City and Washington Department of Ecology. Submittal: Seven hard copies of half-size drawings (11X17), specifications,and updated opinion of probable costs. (2 copies to be sent to V OG) City of Pasco Scope of Services--Primary Digester Facility Attachment A Page 5 Task 5-Bid Ready Contract Documents Bid Ready Contract DocunWennts will incorporate City and Washington Department of Ecology review comments. Submittal: Two copies of bound half-size drawings, and one unbound reproducible set of half-size drawings(1IX17). 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-sized 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 Facility Project will be completed over a 12 month period. Services During Construction are based upon the u'erstanding that the Owner will contract directly with the contractor,Owner will be actively involved i n 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 intended to assist the Owner to administer the contract for construction m Performance of the c monitor 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 way responsible 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 other 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 construction Contract Documents and any health or safety precautions required by such construction work. Engineer 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 ingmeer'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,nor assumes responeet ty for Construction Contractor's failure to perform work in accordance with the Contract Documents. Construction Support Services • Attend and conduct preconstruction conferences with the Owner's representatives, contractor,subcontractor,supplies, interested agencies, utility companies,etc. • Review project submittals to confirm designer's intent and project requirements, including: 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 confirining system performance and the designer's intent Submittals for structural,mechanical,electrical, equipment I &C systems,and specialized • Provide monthly construction observation services_ Document performance and compliance with the contractual requirements during construction observation site visits. Produce written and photographic records of the construction work- "L • spond to contractor"request for information and clarification" to interpret design questions and/or 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 system. • Update the existing O&M manual to incorporate specific product information supplied by the contractor during construction. 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 furnished by the construction contractor and Owner's 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 properly recorded by the Construction Contractor or Owner's on-site constriction observer. • Furnish to the Owner one set of reproducible mylars, two sets of paper print record drawing,and one electroruc CADD file. Task 8-On-site Services(Optional Task) If authorized by the City,Engineer will provide an on-site representative during construction. 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 deteecnining i#the work generally conforms to the contract for construction and that the integrity of the design concept as reflected in the contract for constriction 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 duality control of its work,and will monitor the Contractor's compliance with its plan_ City of Pasco Scope of Services-- Prmuiry Digester Facility Attachment A Page 8 Reporting Engineer will keep the Owner advised of the progress of the construction. This includes submitting daily construction reports to the Owner and holding weekly construction meetings and consultations with the Owner and Contractor. Deficient and Non-conforming 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 contractor applicable rules and regulatIOM,Engineer will bring this to the attention of the Contractor and the Owner. Engineer will thereupon morutor the Contractor's corrective actions and shall advise the @wner 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, 1CBO specialty inspection (required by Code Enforcement),survey,or other services related to verifying the quahtr� of the Corthac�tofs work. Engineer will assist in coordinating testing, inspection and survey services. Engineer will review the reports and other information prepared by the independent firms. Engineer will assist in coordinating their schedules and the transmittal of their reports,findings or other information to the Contractor and/or the Owner_ Task 9—Additional Services(Optional Task) The 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 specif1ed 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 Primary Digester Facilities Pro)ect, CH2M HILL has prepared the following Proposal. Design Phase Task 1 through Task 5 $ 199,8{t (lump sum) Bidding Phase Task 6 (lump sum) Construction Phase Task 7** $ 103595 (per diem) On-Site Services(Optional Task) Task 8 (To be detern-dried) (per diem) Additiarlal Services(Optional Task) Task 9(Budget) $ 0.1100 TOTAL SERVICES THIS AGREEMENT j 356,285 Document printing 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 idrC 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 Pripmyy Digester Facilities Project. AGENDA REPORT NO. 51 FOR: City Council DATE: 1111/06 TO: Gary Crutchfi ty Manager Regular: 1/17/06 FROM: Robert J. Albert hie-Works Director SUBJECT: Approval of Amendment Number 3 to S&B Inc. Professional Services Agreement for Instrumentation and Control Work I. REFERENCE (S): 1. Amendment Number 3 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/9: Discussion 1/17: MOTION: I move to approve Amendment Number 3 to the Professional Services Agreement with S&B Inc. for Instrumentation and Control Work. 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 10(b) 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: 1. 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". AServerI\public\AdminICONTRAC N PASCO.Amendinent#3toProfSvcAgmt.Water.Revl.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. 6. 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: H. 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. \\Servers\pubhc\Admiu\CONTRACnPASCO.Amendment#R3toProfSvcAgmt.Water.Rev l.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% AServerI\public\Admin\CON RACIIPASCO.Amendmen t#3toProfSvcAgmt.Water.Revi.doc 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) Engineer&ftogrammers $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)1pubhc\Admin\CONTRACAPASCO.Amendment#3toProfSvcAgmt.Water.Rev Ldoe 4 LIST OF SCHEDULED VISITS Note: These dates could be subject to change. November 2005 Monday, 71", Tuesday, 81h Wednesday, 9th December 2005 Monday, 5th, Tuesday, 6th Wednesday, 7'h January 2006 Monday, 9"', Tuesday, 10th Wednesday, 11th February 2006 Monday,6th, Tuesday, 7th Wednesday, 8th March 2006 Monday, 6th, Tuesday, 7th Wednesday, 8th April 2006 Monday, 10th, Tuesday, 11th Wednesday, 12th May 2006 Monday, 8th, Tuesday, 9th Wednesday, 10th June 2006 Monday, 5th, Tuesday, 6`h Wednesday, 7" \\Server 11pubhc\Adrain\CONTRACT\PASCO.Amendment#3toProfSvcAgmt.Water_Revl.doe AGENDA REPORT TO: City Council January 12, 2006 FROM: Gary Crutchfie Manager Regular Mtg.: 1/17/06 SUBJECT: Utility Franchi a Agreement with Franklin County I. REFERENCE(S): 1. New Franchise Agreement(Council packets only; copy available in Public Works Director's office for public review). II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 1/17: MOTION: I move to approve the Utility Franchise Agreement with Franklin County and, further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The city provides certain utility services outside the city boundaries in the unincorporated portion of the urban growth area. In doing so, the city relies on the ability to use public rights-of-ways to extend those utility lines and associated services (water; sewer and irrigation). The authority to utilize Franklin County rights-of-way for those purposes must be granted by the Franklin County Commissioners in the form of a utility franchise agreement. B) The city obtained a non-exclusive water franchise agreement from Franklin County in 1955. The city obtained a non-exclusive sewer franchise in 1995. Inasmuch as the water franchise expired at the end of 2005, the city requested the County to consolidate the utility franchise authorities into a single franchise agreement, by request dated March 2005. V. DISCUSSION: A) Franklin County conducted a public hearing in December 2005 to consider the city's request to renew and consolidate its utility franchise agreements. Following the hearing, the Board of County Commissioners agreed to approve a new 50-year non- exclusive franchise for Pasco's Urban Growth Area and to consolidate the agreements into a single document, as presented. The franchise agreement reflects the conditions under which the city may use the rights-of-way in the unincorporated area for the extension of its utility services. The conditions appear acceptable to staff and, therefore, staff recommends Council approval of the County-issued franchise agreement. 10(c)