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HomeMy WebLinkAbout2006.04.10 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. April 10, 2006 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Senior Services Advisory Committee Interviews: 1. Agenda Report from Gary Crutchfield, City Manager dated April 5, 2006. 2. Applications(3) (Council packets only). (b) Noise Ordinance Waiver/TRAC: 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated April 5, 2006. 2. March 24,2006 Noise Waiver Request from Untapped Promotions, LLC. 3. PMC 9.61 (Noise Regulation). (c) Disposal of Army Reserve Center: 1. Agenda Report from Gary Crutchfield, City Manager dated April 5, 2006. 2. Vicinity Map. (d) Chiawana Park Maintenance Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated April 5, 2006. 2. Draft Proposed Agreement with Corps of Engineers. (e) Communication Site License Agreement: 1. Agenda Report from Robert J. Alberts, Public Works Director dated April 5, 2006. 2. Communication Site License Agreement. 3. Vicinity Map. (1) Sale of Personal Property Surplus to City Need: 1. Agenda Report from Webster Jackson, Administrative Services Manager dated March 28, 2006. 2. Proposed Resolution. (g) Draft Contract with Advanced Broadcast Solutions: 1. Agenda Report from Elden Buerkle, Management Assistant dated April 6, 2006. 2. Draft Contract. (h) Exhaust Brakes: 1. Agenda Report from Gregory L. Garcia, Fire Chief dated April 4, 2006. 2. Proposed Ordinance. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Workshop Meeting 2 April 10,2006 Reminders: 1. 12:00 p.m., Monday, April 10, Pasco Red Lion — Chamber of Commerce General Membership Meeting. ("Hurricane Katrina Impressions"presented by Mark Smith.) 2. 6:30 p.m., Monday, April 10, Conference Room #1 — Old Fire Pension Board Meeting. (COUNCILMEMBER JOE JACKSON, Rep.; MATT WATKINS,Alt.) 3. 10:00 a.m., Tuesday, April 11, Senior Center — Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN, Alt.) 4. 5:00 p.m., Tuesday, April 11, TRAC Facility -- TRAC Advisory Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK) 5. 7:00 a.m., Thursday, April 13, Elmer's in Walla Walla — BFCG Tri-Mats Policy Advisory Committee Meeting. (BOB HOFFMANN, Rep.; JOE JACKSON,Alt.) 6. 4:00 — 7:00 p.m., Thursday, April 13, Tera Blanca, Red Mountain — Legislative Thank You Reception. (MAYOR JOYCE OLSON, COUNCILMEMBERS REBECCA FRANCIK and MIKE GARRISON) 7. 7:00 p.m., Thursday, April 13, Transit Facility — Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; MIKE GARRISON, Alt.) i AGENDA REPORT TO: City Council April 5, 2006 FROM: Gary Crutch 1 it anager Workshop Mtg.: 04/10/06 SUBJECT: Senior Service Advisory Committee Interviews I. REFERENCE(S): 1. Applications (3) (Council packets only) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/10: Council to conduct brief interviews with John Evans, Michael Grace and Paula Kitchel. III. HISTORY AND FACTS BRIEF: A) The Senior Services Advisory Committee is composed of nine members; terms are for three years. The committee meets on the second Tuesday of each month at 10:00 a.m. B) The Senior Services Advisory Committee advises the City Council on programs, activities and interests of senior citizens as they relate to the Senior Citizen Center. C) At the present time there is one vacancy on the commission: 1. Position No. 3 (vacant)term expiration date of 04/08 D) There are three positions whose terms have expired: 1. Position No.4 2. Position No. 5 3. Position No. 6 E) After Council Screening Committee review of all applications, the following have . been selected to interview: 1. John Evans......................................................................4003 Road 107 2. Michael Grace...................................................................1908 W. Pearl 3. Paula Kitchel.................................................4504 Desert Plateau Drive IV. DISCUSSION: A) After conduct of interviews at the April 10 Workshop meeting, it is proposed that appointments be made by the Mayor, subject to confirmation by the Council, at the April 17 meeting. 3(a) City of Pasco Page 1 of 1 LINKS NEWS i SPECIALE'V=NTS FA.0 ► Se Click Here to return to Boards and Commissions Boards and Commissions Application AbotA Pasco... Boards/Commissions for which this application is to be considered E1irery (Civil Service Board/Personnel Board, Housing Authority, Parks and Recreation Advisory Council, Agnndas and Minutes Code Enforcement Board, Planning Commission, Senior Services advisory Committee) Pmgs�F�a�blioaltana . - _----_ Civil Service Board, Housing Authority, Senior Services Employment and lfnlunteer oppe dunifts Name John Evans Employm_.en#Opportantties _ Boards and Commissions Telephone 430-2791 Parks and Recreation Business Address(Street, City, Zip) Police Volunteer Opportunt.e-._s. _ 303 Bradley Blvd. Suite 108, Richland WA 99352 K- Home Address (Street, City,Zip) _ Y�K4 �. 4003 Road 107, Pasco, WA 99301 Education(High school, name/location of college/university,year graduated, degree) Gonzaga University, 1999, Master of Science in Nursing Length of Residence in Pasco 4 months Present Employment(Job, Title, Date of Employment, Ect. Private practice as an ARNP providing mental health services to a diverse urn Previous Employment History CHC La Clinica, Medical Provider-Family Practice, 1999-Oct. 2004. Lourdes Medical Center- RN, Nursing Supervisor 1994-1999 Memberships in Professional Community Organizations (List Offices Held, Date of Term) State of Washington- Fatality Review Board. _ Signature of Applicant(emailed applications will be accepted without s s �--- Affirmative Action Program and Personal Information The City desires a broad representation of backgrounds on boards and commissions. a, y F' ji Information in the section below will assist in the matter and is voluntary on your part., Race (Native American, Hispanic, Black, White, Asian, Other) http://www.ci.pasco.wa.us/ 1/11/2005 Boaid_Commissio Senior Services Advisory Committee "Timestam 2l1/20061111`04:07 AM Name Michael L. Grace Phone'. ;:,:."J. 509.845.0407 Buslness_Add ifome_Add 11908 W. Pearl St. Pasco,WA 99301 ;.Education Pateros High School Pateros,WA Res deht rme ... 120 Present emp Director of Marketing Richland Cemetery Association 12102-present :: Service Corporation International 1998-2002 H Prev_emp_2 ITastee,Freez 1501 W.Sylvester Pasco Owner 1985 2003 Mem"hips Board Member Sunderland Family Treatment Services term 2005-2010 Race _ Handfca ...: Boards/C mmissio s for which this application/nominee is to be considered: Name: 1A,94 L��h� /T / c L Telephone: HOME WORK Home Address: a Die ; _ STREET CITY ZIP Education: 6�Zz Xt". (HIGH SCHOOL•NA OCATION OF COLLEGE/UNIVER §RADUATED•DEGREE) Length of residence in Pasco: Present Employment:�F Zj y- — X _ (JOB•TITLE• DATE OF EMPLOYMENT•ETC.) Business Address: STREET CITY ZIP Previous Employment Experience: Memberships in Professional Community Organizations: (LIST OFFICES HELD AND DATE OF TERM) 41� �2 _ a Signature of Applicant Affirmative Action Program and Personal Information: The City desires a broad representation of backgrounds on boards and commissions. Information in this section will assist in this goal and is voluntary on your part. ❑ Native American ❑ Hispanic ❑ Black &-'White Cl Asian ❑ Other Sex: O M ®"F D Handicap Return completed form to: PA SRC O E I V E D f ` City Manager's Office .,IAN 3 12-005 City of Pasco P.O. Box 293 CITY MANAGER'S Pasco, WA 99301 OFFICE AGENDA REPORT NO. 25 FOR: City Council Date: April 5, 2006 TO: Gary Crutchfield, City Maria er Workshop: 04-10-06 FROM: Richard J. Smith, Director Community & Economic Development SUBJECT: Noise Ordinance Waiver/TRAC I. REFERENCE(S}: A. March 24, 2006 Noise Waiver Request from Untapped Promotions, LLC B. PMC 9.61 (Noise Regulation) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 04-10-06: DISCUSSION III. FISCAL IMPACT None. IV. HISTORY AND FACTS BRIEF: A. City staff recently received a request from a concert promoter for a waiver from noise regulations for a Blues Music festival to be held at TRAC on Saturday, May 13, 2006. B. The festival is expected to attract 2,000 attendees. The hours of operation are noon to 11:00 p.m. Beer and wine will be available. The stage will be set up outdoors in the area between the main TRAC building and the Dust Devil Stadium parking lot. C. Waivers from or exceptions to the noise regulations may be granted by the Community & Economic Development Director pursuant to PMC 9.61.041(A) and (B). To date, no waivers or exceptions have been granted or even requested. V. DISCUSSION: A. Granting this waiver would establish a precedent which would be applicable to future events. Staff is thus seeking input from Council regarding criteria for noise waivers or exceptions. B. A waiver could be granted under PMC 9.61.041(A) which states that exceptions may be granted for events that are "in the public interest and that the proposed activity will have a substantial public participation, i.e., festivals, parades, and other community celebrations." C. Unless a waiver is granted, the festival would be in violation of the noise regulations if: (1) Complaints were made by two or more persons occupying separate residences (PMC 9.61.020.13). (2) Any sound is audible in a residential area between 10:00 p.m. and 7:00 a.m. The Blues Festival will run until 11:00 p.m. (PMC 9.61.020.(C)(1)). 3(b) D. The Blues Festival is expected to draw a middle aged crowd and the music is not likely to be as loud as a rock or alternative music event. TRAC, however, often hosts such events which routinely run until 2:00 a.m. E. In order to meet the desire of TRAC to continue to host community wide concerts and festivals, but not unduly diminish the quality of life in nearby neighborhoods, staff suggests the following conditions to be applied to waivers. (1) Noise waivers would expire at 11:00 p.m. on nights that do not precede a school day. (2) A $3,000 cash deposit shall be posted with the City to be released upon satisfactory conclusion of the concert. Agreement by TRAC to withhold $3,000 in receipts shall also be satisfactory. (3) The concert promoter must pay overtime costs for a City inspector to monitor the concert. The inspector shall have the absolute authority to reduce noise levels if, in the Inspector's sole discretion, he/she believes that a public disturbance is being created. Should the promoter fail to comply, the inspector may revoke the noise exception. The developer would forfeit the $3,000 deposit. F. Staff is seeking Council opinion regarding the notion of fixed standards for exceptions as well as direction regarding the instant request. EXHIBIT A Mr.Rick Smith,Director March 24,2 00 Community&Economic Development City of Pasco Subject:Sound Requirements at the UnTanoed Blues Festival Saturda y May 13,2006 at the TRAC Pavilion Dr,Mr. Smith: My name is Eric Nyberg and I represent UnTapped Promotions LLC which comprises my wife, Babe,our business partner,John Darab and 1. We Have been organizing the UnTapped Blues Festival for 10 years. In the past,we have held it at the Benton County Fairgrounds. This year we are planning to hold the event at the TRAC Pavilion and we are requesting that your office give a nod to continue holding this as an outdoor/indoor event. As our 100'annual festival we wanted to do some special and different things,part of that being the location. We investigated the possibilities of holding the event on Clover Island,in the downtown Kennewick district and at TRAC. After considering the pros and cons of each,we decided that co-producing the event with TRAC would be the best option. Troy Woody,(TRAC Mgr.)and Chanda Tebay(Events Mgr.)have been very encouraging and positive to work with. I am writing to you specifically requesting a waiver for the sound ordinance restrictions by the City of Pasco. I spoke with both Mr. Strebel and Mr. Nickolds regarding the subject. Both were helpful and suggested that I send this letter to you to further explain the event. As a TRAC co produced event we understand that there may be some exemption in the sound ordinance,however,at the same time we decided that it would be worthwhile to write you so that you understood what it was we were proposing well ahead of time. The festival,as we have held it in the past,would be an indoor-outdoor event. Weather permitting;a music stage would be set up outside(stage on the south side ofthe Pavilion)with seating area available for the listening audience. This arrangement would be very similar to the set-up that runs for the Fiery Foods Festival each year in the Farmer's Market area. Adjacent to our music area, inside the TRAC Pavilion, we would have exhibit style booths set for a variety of wineries,breweries and restaurants. In addition,the Tri-City Cancer Guild will be selling non-alcoholic beverages such as Pepsi,water and sports drinks as an annual fund raiser for their organization. This over 21 year old event would be open to the public from noon until l 1pm. The music would run from 12:30pm to 1 l:00pm. We would not allow the music to continue beyond the I I o'clock hour. The music is blues music, it is not an extremely loud,heavy base intensive music style. The audience attending the events tends to be older than many events and there is as much socializing,visiting and general enjoyment going on,so that the music sound levels are reasonable to allow you to carry on a conversation with your neighbor. Socially this is the only blues music festival in our area. Beside Jazz,Blues music is one of the few truly American music styles. A few years ago,I had one of the African American bands performing at the festival,who were from Mississippi,give aBlues-in-the-Schools performance at Pasco High School. We paid the band for this and felt it was well received by the kids. Last year we had a mardi-gras Indian band from New Orleans perform at the festival. This was a performance that most in the Tri-Cities would never have an opportunity to experience otherwise. This year we have a band performing that was voted "Best Blues Band"in the United States 3 out of 4 years. Economically the event draws at least 600,and as many as$00 people, from outside of the Tri-Cities. This obviously translates well into an influx of tourism money that we would not otherwise see. I have included a couple letters of reference and support from business acquaintances in our community who will concur with the events worthiness. l hope that you will take all of this into consideration when making a decision regarding our request to hold the music portion of the festival outdoor. If you have auy questions please call meat 521-1956 or email me at ErieNyberg@hotmail.com. Thank you, �- Eric Nyb Untapped Promotion tl[ ?505 W.37*Avenuo Kennewick WA,99337 Tel:(509)SAS-6317 z 'd 66019LEGOS d94 =ZI 90 62 Jew `J. V I z/T 6► '8 (O N Y[N T I D N ►N t,►A L TRK11E5 VNTOR&(0NVDMN BUREAU pO.BOX 2241 rz�-cikiaa,wa99sos-22ss March 27, 2006 "-733-9496 1$00-233-3329 Fax 509-783-9US � www.ViaiCIFi-Cities.WUT Mr.FJok Snt1$T.1 nfp�Vl6ztxd C fiac.com City of Pasco P.O.Box 293 Pasco,WA 99301 r , Mr.Rick Ste; 14—A 041 behalf of the Tli-Cities Visitor slid Convention Bureau I am writing to egress sTtppnrt for the Untapped Blues Festival planned for TRAC,M$y 13,2006. While this is a new event for TRAC,it is tho tenth yeah UntaPPed hAs b—At held in the Tri-Cities area. Our Offiice has saen attendance and tho quality of this event grow ,wztlt each passing year; building an eutltus�iawvtic and loyal base of visitors tvho travel to our community to a erienCe soma of the best blocs music offard Ott the PacIto NOrt�iwest. Tins svemt Ctlel dies direct' s nd' our hotels,rest$urants, event venues,gas stations,and r+etailera. Az1d perhaly l for impartantl , 1t helps s evert more Y P position our worked to nity a9 a vibrant,active destination for quality MU e utczta inniont. Incloed,I have worked to PTOMOte this event ill food and wine publications �-• nationally,an it has alwa received an roadership. entthttsi"c Tponse fit tb e journalists attd their Rick,I understand that there may be concerns with the band to resideAlial�gbborhoods;However,I have ors per£oimanees e'en TIRAC's pzozduuity has indicated to you,the audience(a 2 _and 'By crowd)�y attended this event and as the promoter key blues music--not the intensive.base- xs well-behaved and tho bands play JQw- concerts. In addition,the event en& driven style that's So u ten assocj.attd with loud outdoor twidenc©s. pB3T at l I P#1.which will encore the sanctity Qf umby On behalf of the Tzi-Cities Vi3itor and Convention j3tlreali,we�meouraga the City of Pasty to w0 with the promoter and TRAC so that tho Untapped Blues Festival ago continue to zk into one of tote TA-Cities'most out,.tmding auauaI musical $oval grow and develop Pasco and the TRAC facility apart as a h7st-class totaism desth abLyn. one that continues to set Sincerely, Tana Bader Inglima Vi4e President Marketing Public Affairs Cc_ )xric Nyberg,Untapped Fmmotions,i,I,C Troy W _'I'A-4p. E -d E60ISLE605 d9t, s21 90 62 JLeW I-WA NU. Mar, 24 2016 04:46PM P1 RED LIMN HOTEL PASCO March 24, 2006 To Whom Tt May Concern: I have had the privileSe of working with Eric Nyberg and the (MI'appedBltr�s Femval and hosting his Suestrooms far his bands as well as attendees. This is an incredible event that is antieipeted by the'l'ti-Cities coltllnunity each year, As a Pasco citizen and business I am very excited at the fact that Eric has chosen to host this yo u's event Its .Pasco. The opportunities that hosting this year's event present to us as a growing community are limitless!I The exposure alone to showcase the growth we aro experiencing in the vicinity of the TRAC is AWESOME!! On a Per.�nnal note T have enjoyed attending this event with my friends and family for years and hope to continue to do set right here in my own back yard! The average age for the majority of attendees are 35+who are looking for a place for intelligent, well behaved, adt,lts to enjoy x nnn-her veneer with great music and great LOCAL spirits. T hrrpe you will join us in supporting this new venture, and that together we can entice the UnTapped.Rluca Fegtival to become a major event our community looks forward to each Year. Thank you in advance for y ur ' e and consideration, _ f h86 e er f Sr. Sales anger 2525 K 20th Avenue . Paxco,WA 09101 {509?547 0701 fax UM 547.Q78 rar�lian.cr..m Q � 'd 66019LES09 dLtr :ZT 90 6Z Jew March 27, 2006 Courtyard by Marriott 480 Columbia Point Drnre Richland, VITA 99332 To Whom It May Concern: This letter is in reference to the Untapped Slues Festival held in the Ira-Cities for the past nine years. As General Manager of the Courtyard Marriott in Richland, I apAreciate the fact that this event contributes to the economic development in our area, bringing out of town guests to our hotels. Since 1997, The untapped Blues Festival has entertained over 30,000 attendees. It's estimated that approximately 20% of those attending are out of town visitors. This translates into hotel, restaurant and other tourism dollars spent. in town. Due to the Inorease in hotel rooms in the Tri Cities, the hotel market is extremely compa#tive. Every event that brings tends in beds" is critical to the success of our industry, This is the only blares festival in our area. it brings music that is truly one of the few American art-forms to the Td-Cities from New Orleans, Australia, Boston, Chicago, Detroit, Mississippi, and many more. It brings an art-form, blues music to an audience that normally does not have the privilege to hear it I have attended the Unmapped Blues Festival many times and have observed blues tans of all ages enjoy the unimaginable talents of the entertainers. This is a great avant that brings tourism dollars to our community. With this year's festival moving to TRAC, I hope that it is even more successful than In the pant i a y r Gene iMnager Cpun"rd by Marriott Richland Cokanbra Point 464 4o14imbla Pohnt aiva,RIChland,WA 99352 Telephona 1549)942 9440 F&Wmr a 508 ! f )A42 S?4D1 f MBMotl.00rr�f3S00Y ► awry a r,der.yce„m saxerran inn niurmu h4mmay{� S '� E6019LE60S dLb =zT 90 62 JeW EXHIBIT B CHAPTER 9.61 NOISE REGULATION 9.61.005 Declaration Of Policy ......................................................... 83 9.61.010 Definitions..................................................................... ... 83 9.61.020 Public Disturbance Noise Prohibited .................... 9.61.030 Maximum Permissible Environmental Noise Levels .............. 85 9.61.040 Exceptions........................................................................... 86 9.61.041 Additional Exceptions - Application ..................................... 88 9.61.045 Noise In Public Parks And Places ......................................... 88 9.61.050 Enforcement............................................................... ...... 90 9.61.060 Violations ................................................ ......................... 90 9.61.070 Ordinance Additional To Other Law ..................................... 90 9.61.080 Severability.......................................................................... 90 9.61.005 DECLARATION OF POLICY. It is hereby declared to be the policy of the City of Pasco to minimize the exposure of citizens to the harmful effects of excessive noise. It is the express intent of the City Council to control the level of noise in a manner which promotes commerce; the use, value, and enjoyment of property; sleep and repose; and the quality of the environment. (Ord. 2665 Sec. 1, 1987.) 9.61.010 DEFINITIONS. A) "Background sound level" means the level of all sounds in a given environment, independent of the specific source being measured. B) "dBA" means the sound pressure level in decibels measured using the "A" weighting network on a sound level meter. The sound pressure level, in decibels, of a sound is 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure of 20 micropascals. C) "Director" means the Director of Community and Economic Development. D) "Distribution Facilities" means any facility used for distribution of commodities to final consumers, including facilities of utilities that convey water, wastewater, natural gas, and electricity. E) "EDNA" means the environmental designation for noise abatement, being an area or zone (environment) within which maximum permissible noise levels are established. F) "Leq" means the equivalent continuous sound pressure level. A measure of the average sound pressure level during a period of time, in decibels. G) "Noise" means the intensity, duration and character of sounds, from any and all sources. H) "Person" means any individual, corporation, partnership, association, governmental body, state agency or other entity whatsoever. I) "Property Boundary" means the surveyed line at ground surface, which separates the real property owned, rented, or leased by one or more persons, from that owned, rented, or leased by one or more other persons, and its vertical extension. J) "Receiving Property" means real property within which the maximum permissible noise levels specified herein shall not be exceeded from sources outside such property. K) "Sound Level Meter" means a device which measures sound pressure levels and conforms to Type 1 or Type 2 as specified in the American National Standards Institute Specification 51.4.1971. (Ord. 3591 Sec. 1, 2002.) 9.61.020 PUBLIC DISTURBANCE NOISE PROHIBITED. No person, whether or not that person is in actual possession of the noise source, shall create, continue, or cause to be created or continued, or allow to be created or continued, any public disturbance noise. 'Public disturbance noise" means any sound which: A) Is specifically included in, but not limited to, those listed in subsection C; or B) That unreasonably disturbs or interferes with the peace, comfort and repose of owners or occupants of real property and causes a noise complaint to be reported by two or more persons occupying separate residences neither of which residence is within the same property boundary; C) Public disturbance noises for the purposes of this section shall include, but shall not be limited to, the following specified sounds and are also subject to regulation under the provisions of Section 9.61.030 of this chapter: 1) Any sound made by the use of a musical instrument, whistle, sound amplifier, juke box, radio, television, or other similar device which emanates from a building, structure, or property between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. 2) Any sound made by the unamplified human voice which emanates from a building, structure or property between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. 3) Frequent, repetitive or continuous sounds made by any animal, which emanates from a building, structure, or property and is received within a residential district. 4) Any sound made by the discharge of exhaust gases from an internal combustion engine except through a muffler. 5) Any sound made by the operation of any motorcycle, motorbike, off-road or terrain vehicle in the city on any property not a part of the street system of the City when such motorcycle, motorbike, off-road or terrain vehicle does not conform to the muffler standards required for operation on the public streets. 6) Any sound made by a horn or other similar signaling device attached to a motor vehicle except when reasonably necessary to insure safe operation as permitted in RCW 46.37.380. 7) Any sound made by a loud speaker or sound amplifier exterior to any building for commercial advertising or sales purposes or for attracting the attention of the public to any performance, show or other event. 8) Any sound which is audible at any school, other institution of learning, court, hospital, nursing, or convalescent facility, or other area where exceptional quiet is necessary; provided, signs are displayed in adjacent or contiguous streets indicating that the area is a quiet zone. 9) Any sound made by the construction, excavation, repair, demolition, destruction, or alteration of any building, property or upon any building site between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. 10) Any sound made by operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or air conditioner, fan or blower, or similar device used in residential areas between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential boundary. 11) Any sound made by speaker sound amplifier or motor vehicle audio system exterior to the passenger sitting compartment of a motor vehicle on a public street or highway (anywhere within the right- of-right thereof) of a commercial radio station broadcast, or music from an audio tape cassette, compact disc, or other recording medium. 12) Any sound from a motor vehicle audio system such as tape players, radios, and compact disc players, operated at a volume and under conditions, so as to be audible greater than seventy-five (75) feet from the vehicle itself. 13) Any sound from portable audio equipment, such as a radio, tape player or compact disc player, which is operated at such a volume so as to be audible at a distance of seventy-five (75) feet or more from the source of the sound. (Ord. 2775 Sec. 1, 1990; Ord. 2735 Sec. 1, 1989; Ord. 2665 Sec. 1, 1987.) 9.61.030 MAXIMUM PERMISSIBLE ENVIRONMENTAL NOISE LEVELS. A) Designation of Zoned Areas. The EDNA (Environmental Designation For Noise Abatement) is hereby established as follows: 1) Residential zones - Class A EDNA. 2) Commercial zones - Class B EDNA. 3) Industrial zones - Class C EDNA. B) Maximum Noise Levels: 1) No person shall cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise levels set forth below in this section. a) The noise limitations established are as set forth in the following table after any applicable adjustments provided for herein are applied: EDNA OFEDNA OF NOISE SOURCE RECEIVING PROPERTY Class A Class B Class C CLASS A 55 dBA 57 dBA 60 dBA CLASS B 57 60 65 CLASS C 60 65 70 b) Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table shall be reduced by 10 dBA for receiving property within Class A EDNAs. c) At any hour of the day or night the applicable noise limitations in (a) and (b) above may be exceeded for any receiving property by no more than: i) 5 dBA for a total of 15 minutes in any one-hour period; or ii) 10 dBA for a total of 5 minutes in any one-hour period; or iii) 15 dBA for a total of 1.5 minutes in any one- hour period. (Ord. 3591 Sec. 1, 2002; Ord. 2665 Sec. 1, 1987.) 9.61.040 EXCEPTIONS. A) The following shall be exempt from the provisions of Section 9.61.030(B) between the hours of 7:00 a.m. and 10:00 p.m.: 1) Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances. 2) Sounds created by the discharge of firearms on authorized shooting ranges. 3) Sounds created by blasting. 4) Sounds created by aircraft engine testing and maintenance not related to flight operations: Provided, That aircraft testing and maintenance shall be conducted at remote sites whenever possible. 5) Sounds created by the installation or repair of essential utility services. B) The following shall be exempt from the provisions of Sec. 9.61.030(B): 1) Noise from electrical substations and existing stationary equipment used in the conveyance of water, wastewater, and natural gas by a utility. 2) Noise from existing industrial installations which exceed the standards contained in these regulations and which, over the previous three years, have consistently operated in excess of 15 hours per day as a consequence of process necessity and/or demonstrated routine normal operation. Changes in working hours, which would affect exemptions under this regulation, require approval of the City. C) The following shall be exempt from the provisions of Sec. 9.61.030(B) except insofar as such provisions relate to the reception of noise within Class A EDNAs between the hours of 10:00 p.m. and 7:00 a.m. 1) Sounds originating from temporary construction sites as a result of construction activity. 2) Sounds originating from forest harvesting and silvicultural activity. . D) The following shall be exempt from all provisions of Sec. 9.61.030(B): 1) Sounds created by motor vehicles when regulated by Chapter 173-62-WAC 2) Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations. 3) Sounds created by surface carriers engaged in interstate commerce by railroad. 4) Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, and carillons. 5) Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible. 6) Sounds created by emergency equipment and work necessary in the interests of law enforcement or for health safety or welfare of the community. 7) Sounds originating from officially sanctioned parades and other public events. 8) Sounds emitted from petroleum refinery boilers during startup of said boilers: Provided, that the startup operation is performed during daytime hours whenever possible. 9) Sounds caused by natural phenomena and unamplified human voices. 10) Sounds created by motor vehicles, licensed or unlicensed, when operated off public highways EXCEPT when such sounds are received in Class A EDNAs. 11) Sounds originating from existing natural gas transmission and distribution facilities. However, in circumstances where such sounds impact EDNA Class A environments and complaints are received, the director or his designee may take action to abate by application of EDNA Class C source limits to the facility under the requirements of this chapter. E) Nothing in these exemptions is intended to preclude the City from requiring installation of the best available noise abatement technology consistent with economic feasibility. (Ord. 3591 Sec. 1, 2002; Ord. 2665 Seca 1, 1987.) 9.61.041 ADDITIONAL EXCEPTIONS - APPLICATION. A) Additional exceptions may be granted to any person from any requirement of Section 9.61.020 of this chapter if findings are made that any such exception is in the public interest and that the proposed activity will have a substantial public participation, i.e., festivals, parades and other community celebrations. B) Exceptions may be granted to any person from any requirement of Section 9.61.030 of this chapter if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon existing noise source or because of non-availability of feasible technology or control methods. C) Applications shall be made to the Director of Community and Economic Development. Exceptions shall be issued only upon application in writing and after providing such information as may be requested. No exception shall be issued for a period of more than 30 days except upon due notice to the public with opportunity to comment to the City Planning Commission. The City Planning Commission shall make a recommendation for approval or disapproval to the City Council in all such cases. The City Council shall then make a final determination of approval or disapproval of an exception for a period exceeding 30 days. Public hearings may be held before the City Planning Commission, in any case, when substantial public interest is shown at the discretion of the Director. D) Any such exceptions or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances. E) An implementation schedule for achieving compliance with this chapter shall be incorporated into any exception from Section 9.61.030 that is issued. . F) Sources of noise, subject to this chapter, shall immediately comply with the requirements of this chapter, except in extraordinary circumstances where overriding considerations of public interest dictate the issuance of a exception. (Ord. 3591 Sec. 1, 2002.) 9.61.045 NOISE IN PUBLIC PARKS AND PLACES. A) It is unlawful for any person to cause, or for an person in charge of a group of persons to allow sound from an officially sanctioned musical event to originate in a public park, stadium, center or public place, which exceeds an Leq of ninety-five (95) dB(A) for one (1) minute as measured fifty feet (50') (approximately fifteen (15) meters) from the source or sources, whether or not the sounds are live or recorded. Provided, that this limitation shall not apply to indoor events. Between the hours of 10:00 p.m. and 7:00 a.m., Sunday through Thursday, and 11:00 p.m. and 7:00 a.m. Friday and Saturday, the maximum noise levels set in Section 9.61.030 shall govern. B) Each violation of this section which occurs after notice to the person (designated on the permit as the agent to receive notices of violations in the case of events with permits) that he or she is in violation of this section shall constitute a separate offense. At the time of application the applicant shall designate an on-premises agent who will accept notices of violations of this section during the event. The absence of the designated on-premises agent from the event or the inability of the serving agency to locate the on-premises agent or the refusal of an on-premises agent or responsible official of a group to accept notice of a violation shall not affect the validity of the initial or successive violations. C) The City Manager, the Director of Community and Economic Development, the Director of Administrative and Community Services, the Chief of Police, or an authorized representative of any of them may terminate a performance as a public nuisance after following the notice requirements of subsection B of this section if the decibel level exceeds one hundred five (105) dB(A) for a total of five (5) minutes in any thirty (30) minute period as measured fifty feet (50') (approximately fifteen (15) meters) from the source or sources. D) Before any permit or other authorizing document is issued for any event which will produce sounds which may violate this section, the application shall be circulated to the Director of Community and Economic Development who is authorized to attach any conditions consistent with this chapter and reasonably calculated to prevent annoying sounds. 1) In any permit for use of a public park, stadium, center or public place, the Director or his designee may stipulate that the City will require sound-control monitoring services whenever: a) Amplified sound will be used at the proposed event; and b) The Director or his designee finds that, unless monitored, the sound level originating at the proposed event may exceed the sound level in Section 9.61.045(A). The Director shall be guided principally by the expected power and type of amplification and, for those with a record of prior usage, by past events held on City property within the last two (2) years. 2) The Director, in his or her discretion, may perform the service directly, delegate performance to the authority issuing the permit, or retain an acoustician. 3) In the event that monitoring is required, the cost of such service shall be paid by the event permittee. F) This section does not limit or diminish the management authority of the Director of Administrative and Community Services to require a performance bond or cash deposit for the use and occupancy of a public park, stadium, center or public place, a security for payment of costs and expenses related thereto, damages or cleanup costs that may arise from a proposed event, and/or taxes and other amounts that may become payable; nor does this section limit or diminish the City's management authority to grant or deny such permits for causes independent of the Noise Ordinance codified in this chapter. G) A copy or digest of this section on noise in public parks and public places shall be delivered to every person applying for a permit or other authorizing document which involves the production of sounds which may violate this section and the permittee shall sign a receipt signifying that he or she has received the same. (Ord. 3591 Sec. 1, 2002.) 9.61.050 ENFORCEMENT. Noise measurement is not necessary for the enforcement of Section 9.61.020 of this chapter. Noise measurement for the purpose of enforcing the provisions of any section of this chapter shall be measured in DB(A) with a sound level meter in good operating condition, and properly calibrated. Except for parks and recreation areas and 9.61.020(C) 5, 6, 11, 12, and 13, enforcement of Section 9.61.020 and 9.61.030 of this chapter shall be undertaken only upon receipt of a complaint by an identifiable person who resides, owns property, or is employed in the area affected by the noise complained of. Whenever any police officer commissioned by the City of Pasco or the Code Enforcement Officer of the City, has reason to believe that any person is in violation of any provision of this chapter, it shall be cause for the issuance of a Notice of Violation. (Ord. 3591 Sec. 1, 2002; Ord. 3364 Sec. 1, 1999; Ord. 2775 Sec. 1, 1990; Ord. 2665 Sec. 1, 1987.) 9.61.060 VIOLATIONS. Any person found to be in violation of the provisions of this chapter shall be deemed to have committed a civil infraction and for each violation shall be subject to a civil penalty not to exceed $250, as the exclusive penalty without the imposition of incarceration. Each day that the violation continues shall be deemed a separate violation subject to the maximum fine of$250. (Ord. 3591 Sec. 1, 2002; Ord. 2665 Sec. 1, 1987.) 9.61.070 ORDINANCE ADDITIONAL TO OTHER LAW. The provisions of this ordinance shall be cumulative and non-exclusive and shall not effect any other claim, cause of action or remedy; nor, unless specifically provided, shall it be deemed to repeal or amend or modify any law, ordinance, or regulation relating to noise, but shall be deemed additional to existing legislation and common law on noise. (Ord. 2665 Sec. 1, 1987.) 9.61.080 SEVERABILITY. If any section, part of section, sentence, clause or phrase of this chapter shall be held to be unconstitutional or invalid, the remaining provisions of this chapter shall nevertheless remain in full force and effect. (Ord. 2665 Sec. 1, 1987.) AGENDA REPORT TO: City Council April S, 2006 FROM: Gary Crutchfi Manager Workshop Mtg.: 4/10/06 SUBJECT: Disposal of y Reserve Center I. REFERENCE(S): 1. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/10: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The federal government constructed an Army Reserve Center facility located at 1011 E. Ainsworth in 1974. Over the years, the facility has been utilized by a variety of different military detachments, principally for training purposes. There are approximately 18,730 square feet available in two buildings on approximately seven acres. B) The Department of Defense (DOD) has been going through a Base Realignment and Closure (BRAG) process over the past few years in an effort to reduce the federal government's overhead costs associated with military bases and training centers around the country. The DOD has determined that the Pasco Army Reserve Center is surplus to its needs and intends to dispose of it. C) The disposal process authorized under the BRAC process affords a local community an opportunity to influence the disposal process and, if it so desires, to gain ownership of the facility. Several locations in the State of Washington are slated for disposal in addition to the Pasco center. All those communities received notice recently from DOD (through the Governor's office) that each would need to decide whether or not to utilize the local involvement process; if a community does not elect to use the local involvement process, DOD will carry out the disposal process itself. V. DISCUSSION: A) The Pasco facility does not present an immediate opportunity for community use, principally due to its location in the Port's industrial area. Given its location, however, it may be attractive to the Port of Pasco for potential economic development purposes. Rather than defer to the DOD managed process, staff recommends the city provide initial notification to the Governor's office and DOD that the community intends to use the local involvement process. B) Staff intention in this matter is that the Port be afforded full opportunity to pursue its potential use of the facility, through the local involvement process. While the city may not need to be the lead agency in that effort, the city needs to express initial involvement in order to preserve the Port's opportunity. To that end, staff recommends Council pledge its support to the Port in such an effort. 3(c) W LLJ r ,+ and dda33 LLJ LLJ w LLJ _ Of � W end w13 lv� y , 'l `tom o t - Q — -- i W ti t 1 • l , r AGENDA REPORT TO: City Council April 5, 2006 FROM: Gary Crutch i Manager Workshop Mtg.: 4/10/06 SUBJECT: Chiawana Park aintenance Agreement I. REFERENCE(S): 1. Draft Proposed Agreement with Corps of Engineers H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4110: Discussion III. FISCAL IMPACT: Up to $100,000; will reduce general fund ending balance for 2006 IV. HISTORY AND FACTS BRIEF: A) Chiawana Park was created by the Corps of Engineers as part of the McNary Dam project. It had been operated and maintained by Franklin County under terms of a long-term lease agreement which the County elected to terminate at the end of 2005. Because the Corps of Engineers does not have sufficient funding in its current operations budget, the Corps plans to keep the park closed this season. B) City staff has attempted to define a viable means of assuming the responsibility for the park, but the estimated annual cost ($150,000) is not currently available in the city's recurring operating revenue. Consequently, no long-term commitment can be offered without reallocating resources from other services or, in the alternative, generating an equivalent amount of new recurring revenue. C) In lieu of a long-term commitment, city staff has urged the Corps of Engineers to enter into a short-term (seasonal) agreement with the city to provide the city the opportunity to keep the park open during the peak season (May through September) while avoiding the long-term commitment. That effort recently resulted in a proposed short-term agreement in the form attached. V. DISCUSSION: A) The proposed agreement is a template normally used for a construction project. However, in recognition of the unique circumstances in this matter, the Corps has tentatively acceded to the city's urgings that it find a way to formally allow the city to operate and maintain the park for the five month season without the typical obligations associated with a lease agreement. The benefits of the proposed arrangement are as follows: ■ It allows the city to learn first-hand the nuances of maintenance of this particular facility and to get a better handle on actual costs of maintenance (as well as potential capital improvement needs). ■ It buys the city time to find an appropriate funding mechanism to support a long- term commitment by the city to operate and maintain the park. ■ It keeps the park open during the season of peak use for benefit of the community this year. ■ It avoids any long-term impact on the city's budget, as the one season of use can be absorbed by the general fund ending balance this year. B) For the benefits outlined, staff recommends Council concurrence in the short-term agreement concept and the concurrent commitment of the funding from the general fund ending balance, so as not to adversely affect other budgeted services this year. Actual approval of the agreement must await further consideration by the Corps. 3(d) CHALLENGE COST-SHARING AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF PASCO,WASHINGTON CHIAWANA PARK/SACAJAWEA TRAIL MAINTENANCE THIS AGREEMENT, entered into this day of , 2006, by and between the Department of the Army (hereinafter the "Government"), represented by the District Engineer, U.S. Army Corps of Engineers, Walla Walla District,and the City of Pasco, Washington, (hereinafter the "Partner"), represented by the Mayor of the City of Pasco. WITNESSETH, THAT: WHEREAS, Franklin County, Washington formerly leased lands from the Government, pursuant to Department of the Army Lease No. for park and recreation purposes and WHEREAS, Franklin County has terminated said lease, which includes Chiawana Park and portions of the Sacajawea Heritage Trail on Levee 12-2, and WHEREAS, the Partner leases certain lands from the Government, pursuant to Department of the Army Lease No. W912EF-1-04-13, for park and recreation purposes, and is considering requesting the addition of portions of Chiawana Park and the Heritage Trail to its lease, provided that adequate funding for ongoing maintenance of such lands can be secured, and WHEREAS, Partner is willing to provide supervision and funding for maintenance of certain portions of Chiawana Park and the Heritage Trail for the 2006 recreation season, and WHEREAS, Section 225 of the Water Resources Development Act of 1992, PL 102-580, (Oct 31, 1992), authorizes the Secretary of the Army to accept contributions of funds, materials and services for the operation and maintenance of recreational support facilities at Corps of Engineers water resource development projects, and WHEREAS, the Government and the Partner have the full authority and capability to enter into this Agreement and perform as hereinafter set forth, NOW THEREFORE, the Government and the Partner agree as follows: ARTICLE I—DEFINTIIONS AND GENERAL PROVISIOSN For purposes of this agreement: a. The term "Project"shall mean the routine care and maintenance of the recreation and public access lands as shown on the attached aerial photo labeled as Exhibit "A" (incorporated herein by this reference) and more particularly described as follows: 1)The asphalt trail on levee 12-2 from Road 54 to Road 88; 2) the improved portions of Chiawana Park the boat launch, boat dock, east improved area, west improved,area and all parking lots) and 3) The asphalt trail (pavement plus 8 feet on either side) west of Chiawana Park to the west extent of such trail on Government property (east of Road 100). b. The term "total project costs" shall mean all costs incurred by the Government and the Partner directly related to construction of the Project. c. This Agreement in no way restricts the Government from participating in similar activities or arrangements with, or accepting contributions from, other public or private agencies, organizations, and individuals. d. All donated property, facilities and improvements placed on Government land as well as any work accomplished under this agreement shall become the property of the Government. ARTICLE II— OBLIGATIONS OF THE PARTIES a. Government Obligations: 1. The Government, subject to and using funds appropriated by the Congress of the United States (hereinafter the "Congress"), and using any contribution of funds, materials or services provided by the Partner, shall provide overall project management including the issuance of any use permits or park use reservations. The Government shall also provide for weed control on those government lands adjacent to the project lands included in the project. 2. After the Partner has completed all maintenance requirements, as stated in Paragraph IIb below, the Government shall 3. Following completion of Partner's maintenance obligations, the Government shall assume maintenance and operational responsibility of the subject lands. b. Partner Obligations. 1. The Partner shall provide project maintenance services from May 1, 2006 to September 30, 2006 to include the following: a. Turf maintenance, mowing, fertilization, irrigation and trimming. b. Restroom cleaning and stocking of supplies. c. Playground area inspection and maintenance. d. Boat.launch and dock inspection and maintenance. e. Trail maintenance. f. Litter control and garbage collection. 2. Partner shall provide all necessary labor, equipment and supplies necessary to perform the listed services and shall pay all costs for water, sewer, garbage disposal and electricity to perform the services listed. 3. Partner shall provide appropriate start-up and winterization of all restrooms and irrigation systems. 4. The Partner shall provide evidence of insurance covering the activities of Partner and Partner's contractors in performing the maintenance work contemplated by this agreement. 5. Upon completion of the maintenance work, Partner shall provide the Government with a final accounting of all costs incurred by the Partner in completing the maintenance work provided for in this agreement, together with a report summarizing its activities for the term of the project. In no case shall Partners total expenses exceed $ ARTICLE III—METHOD OF PAYMENT a. The Government shall maintain records of all Government costs and, upon completion of the Project, shall provide the Partner, if requested, with a report setting forth all such costs. ARTICLE IV—DISPUTE RESOLUTION a. As a condition precedent to a party bringing any suite for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. The parties shall each pay 50 percent of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. b. Upon completion of the maintenance work by the Partner, the sole obligation for the maintenance and operation of the project shall be borne by the Government. c. The Partner shall indemnify, defend, and hold the Government harmless form any judicial or administrative claims,judgments, damages, or orders arising out of the Partem's performance under this Agreement. ARTICLE V—FEDERAL AND STATE LAWS In exercise of their respective rights and obligations under this Agreement, the Government and the Partner agree to comply with all applicable Federal and State laws and regulations, including, but not limited to, Section 601 of Title VI of the Civil Rights Act of 1964, PL 88-352, and the Department of Defense Directive 5500.11 issued pursuant thereto and published in Part 300 of Title 32, Code of Federal Regulations, as well as Army Regulation 600.7, entitled "Non-discrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army." ARTICLE VI—RELATIONSHIP OF PARTIES a. In the exercise of their respective rights and obligations under this Agreement, the Government and the Partner each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. b. In the exercise of its rights and obligations under this Agreement, neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights such other party may have to seek relief or redress against such contractor either pursuant to any cause of action that such other party may have or for violation of any law. ARTICLE VII—OFFICLAS NOT TO BENEFIT No member of or delegate to the Congress, or resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise there from. ARTICLE VIII—TERMINATION OR SUSPENSION a. If at any time the Partner fails to fulfill its obligations under this Agreement, the Government may terminate this Agreement or suspend future performance under this Agreement, unless it is determined that continuation of work on the Project.is in the interest of the United States or is necessary in order to satisfy agreements with any other non-Federal interests in connection with the Project. b. Any termination of this Agreement or suspension of future performance under this Agreement, in accordance with this Article, shall not relieve the parties of liability for any obligation previously incurred. ARTICLE IX—NOTICES a. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or mailed either by first-class, registered, or certified mail, as follows: If to the Partner: Joyce Olson Mayor, City of Pasco PO Box 293 Pasco WA 99301 If to the Government: District Engineer U.S. Army Engineer District, Walla Walla 201 North Third Avenue Walla Walla WA 99362-1876 b. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. c. Any notice, request, demand or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. ARTICLE X—CONFIDENTALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Engineer, Walla Walla District. The Department of the Army City of Pasco BY: RANDY L. GLAESNER JOYCE OLSON Lieutenant Colonel, Corps of Engineers Mayor, City of Pasco, Washington District Engineer, Walla Walla District DATE: DATE: AGENDA REPORT NO. 8 FOR: City Council Date: 4/5/06 TO: Gary Crutchfield, City Manager Workshop: 4/10/06 Regular: 4/17/06 FROM: Robert J. Alberti tor,Public Works SUBJECT: Communication Site License Agreement I. REFERENCE(S): 1. Communication Site License Agreement 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/10/06: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: US Cellular has requested to install antennas on the new and old water reservoir tanks. The antennas will be installed approximately 100' from grade on the 160' high tanks. US Cellular will also construct a 20'x 30' equipment building on the west side of the new tank. US Cellular shall pay a one time initial license fee of$20,000 and monthly license fees of$750.00. The term of the Agreement shall be for a period of five (5) years commencing fifteen (15 days) from the date of written notice from the City. US Cellular shall have the right to extend its license for an additional five (5) successive five (5) year renewal terms on the same terms and conditions determined by mutual agreement of the parties. City shall maintain all access roadways from the nearest public roadway to the premises to allow pedestrian and vehicular access at all times under normal weather conditions. US Cellular shall pay for the electricity it consumes. Staff recommends Council authorize the Mayor to sign the agreement. V. ADMINISTRATIVE ROUTING Project File 3(e) Recorded at the Request of City of Pasco 525 North 3rd Pasco WA 99301 COMMUNICATION SITE LICENSE AGREEMENT (Water Tower Location) THIS COMMUNICATION SITE LICENSE AGREEMENT ("Agreement") dated this day of March, 2006, between CITY OF PASCO, a Washington Municipal Corporation, hereinafter referred to as "Licensor", and USCOC of Richland, a Washington corporation, an FCC Licensed Wireless Phone Company, hereinafter referred to as "Licensee." For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Communication Site. Licensor is the owner of real property legally described as follows: (insert legal description) upon which is located a municipal water tower generally located at the site of a new Road 68 Elevated Storage Reservoir ("Premises") which, as an auxiliary use, is available to serve as a platform at the space designated thereon by the City for the nonexclusive location of telecommunication antennas. Licensor does hereby grant a nonexclusive license, subject to the terms of this Agreement, for Licensee's location of a telecommunication base station operation upon such water tower on a space allocated by the City the following installation: A. Antennas. Quantity of 6; 2 antennas at 3 separate locations on the perimeter of the storage reservoir pedestal. Tentative azimuths are 40°, 120°, 260°. B. Antenna Elevation. Approximately 100' from grade to the center of the antennas. C. Antenna Finish. Painted to match exterior color scheme of pedestal. Communication Site License Agreement- 1 D. Antenna Cabling. Extend coaxial cables from the equipment building to each antenna. E. Cabling Route. Attach cable tray support for cable runs to the interior wall of the pedestal. Licensee shall use existing conduits built into the pedestal and tower. Cable may be run on the exterior of the existing reservoir only. F. Access Drive. The driveway providing access from the City access way to the site shall be paved with asphalt. G. Equipment Building. Located upon ground space of approximately 20 x 30 feet as designated by Licensor. H. Utilities. UG electrical and telephone service feeds to the equipment building. I. Fencing. Chain link encompassing the equipment building. 2. Due Diligence Option. Y Check if Applicable. (Initial Acceptance) Upon election as evidenced by the check above and payment of the Option Fee of One Thousand Dollars ($1,000), Licensee shall have for a period of 365 days, from the date of this Agreement ("Due Diligence Period") within which to inspect the Premises, to secure all necessary licenses, permits and all other necessary governmental approvals, and to conduct other Due Diligence activities deemed necessary or appropriate at Licensee's sole discretion for its intended use of the Premises. Licensee shall only be permitted to enter the Premises for the limited purpose of making appropriate engineering and location surveys, inspections, and other reasonably necessary investigations, as well as signal, topographical, structural and environmental tests that Licensee may deem necessary to determine the feasibility of the Premises for continued use. In the event, Licensee determines, during the Due Diligence Period, that the Premises are not appropriate for Licensee's intended use, or if for any reason, Licensee decides not to commence its occupation of the Premises, the Licensee shall then have the right to terminate this Agreement without penalty upon written notice to the Licensor at any time prior to the expiration of the Due Diligence Period. Licensor and Licensee expressly acknowledge and agree that Licensee's access to the Premises during the Due Diligence Period shall be solely for the limited purposes of performing the investigations described above, and Licensee shall be solely responsible for the conduct of its agents and employees thereon to ensure no damage or interference with other Licensees upon the Premises, and shall defend, indemnify and hold Licensor harmless from all damages, injuries or causes of action of whatsoever nature resulting from the Licensees presence upon the Premises. 3. Use. The Premises may be used by Licensee for any lawful activity in connection with the provisions of wireless communication services, including without limitation, the transmission Communication Site License Agreement-2 and reception of radio and microwave communication signals and the construction, maintenance and operation of related communication facilities. Licensee, at its sole expense, shall secure all necessary licenses, permits and all other necessary governmental approvals for its intended uses of the Premises. Licensor shall, cooperate with Licensee in providing the necessary information for the completion of such applications, required licenses,permits and approvals. 4. Term. The term of this Agreement shall be for a period of five (5) years commencing fifteen (15) days from the date of written notice from the City of availability for access to the site by the Licensee. This license may be earlier terminated as provided herein, or as otherwise modified by mutual agreement of the Parties. Licensee shall have the right to extend its license for an additional five (5) successive five (5) year renewal terms on the same terms and conditions set forth herein, except for license fee payments as provided in paragraph 5 below which will be determined by mutual agreement of the parties. This Agreement may be automatically extended for such successive renewal terms conditioned upon the Licensee's faithful performance of the terms and conditions of this Agreement unless Licensee notifies, in writing, Licensor of its intent not to renew its license no less than thirty (30) days prior to the commencement of the succeeding renewal term. . 5. License Fees. Licensee shall pay to Licensor: (a) an one-time initial license fee of Twenty Thousand Dollars ($20,000); and (b) the license fee of Seven Hundred Fifty Dollars ($750.00) per month for each month or any fractional portion of a month from the effective date of this license, and Seven Hundred Fifty Dollars ($750.00) per month from the first day of each month hereafter during the original terminating renewal terms of this license. Rents are payable to Licensor at 525 North 3rd, Pasco, Washington 99301. In the event of Licensee's renewal of this Agreement, the monthly license fee for the initial renewal period and each successive renewal period thereafter, shall be increased by an amount equal to the cumulative change in the Consumer Price Index experienced during the prior term. "Consumer Price Index" shall mean the Consumer Price Index for All Urban Consumers, All Items, U.S. City Average, 1982-84 = 100 (U.S. Department of Labor, Bureau of Labor Statistics). If the said Consumer Price Index ceases to be published, then a reasonably comparable index shall be used. In the event any payment required under this Agreement is not paid within thirty (30) days of the date due, this failure shall constitute a default of this Agreement, a late fee in an amount equal to five percent (5%) of the delinquent fee, shall be assessed and the balance shall accrue interest at the rate of 12%per annum until paid in full. 6. Improvements. Licensee shall provide Licensor, in advance of construction, plans and specifications for Licensee's Improvements and related facilities to be located upon the Premises for Licensor's prior approval, which approval shall not be unreasonably withheld. Upon such approval, Licensee shall have the right to construct, maintain, install, repair, secure, replace, remove and operate on the Premises, radio communication facilities, including but not limited to utility lines, transmission lines, ice bridge(s), electronic equipment, transmitting and Communication Site License Agreement-3 receiving antennas, microwave dishes, antennas, and equipment to be located upon a municipal water tower; and air conditioned equipment shelters, power generator and generator pad, and supporting equipment and structures thereon to be located within the equipment building located upon the ground space referenced above ("Licensed Facilities"). In no event shall antennas, dishes, or other reception devices be located upon the equipment building. (Licensee Facilities"). In connection therewith, Licensee has the right to do all work necessary to prepare, add, maintain and alter the Premises, so long as it does not impair or interfere the use of the Premises by other licensees, for Licensee's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. All of Licensee's construction and installation work shall be performed in accordance with the plans and specifications approved by the Licensor and at Licensee's sole cost and expense in a good and workmanlike manner conforming with all FCC rules and regulations. Title to the Licensee's Facilities and any equipment placed on the Premises by Licensee shall be held by Licensee and shall not be considered fixtures. Licensee has the right to remove the Licensee Facilities on or before the expiration or the earlier termination of this Agreement, and Licensee shall promptly repair any damage to the Premises caused by such removal. Upon the expiration or earlier termination of this Agreement, Licensee shall remove the Licensee Facilities from the Premises returning those portions of the Premises to a clear, graded and in good condition. Upon loss of governmental licensing or abandonment of the Licensee's Facilities resulting in Licensee failing to conduct communication operations at the site for six (6) months or longer, Licensee shall immediately remove the Licensee Facilities at its sole expense. Licensee shall maintain its portion of the Premises in a clean, secure and in a condition free of accumulation of weeds and debris. Licensee shall design and construct its facilities in such a manner as to withstand seismic, ice and wind loads and grass fire hazards as may be reasonably expected to affect the Premises. 7. Access and Utilities. 7.1 Licensor shall provide to Licensee, Licensee's employees, agents, contractors, subcontractors and assigns with access to the Premises, including keys for locking gates and barriers, twenty-four (24) hours a day, seven (7) days a week, of no charge to Licensee. Licensor grants Licensee, and Licensee's agents, employees and contractors, a non-exclusive right of entry for pedestrian and vehicular ingress and egress to the Premises upon easements held by the Licensor and on the Premises for Licensee's site. Licensee shall maintain the security of the Premises by locking all gates upon completion of their entry. 7.2 Licensor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Licensor shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Licensee's use of such roadways. 7.3 Licensee shall pay for the electricity it consumes in its operations as charged by the local utility provider. Licensee shall have the right to draw electricity and other utilities from the existing utilities on the Premises or obtain separate utility service from any electric utility Communication Site License Agreement-4 provider that will provide service to the Premises, including a standby power generator for Licensee's exclusive use. In connection therewith, Licensee hereby grants to the local telephone, power and utility companies (as appropriate) non-exclusive rights to locate, construct, install, operate, maintain, repair, alter, extend, and/or remove cables and lines on, over and across a portion of the Licensor's Premises as necessary or desirable therefore. Licensor agrees to sign such documents or easements, at no cost to Licensee or the utility companies, as may be required by said utility companies to provide such service to the Premises. Any easements or rights necessary for such power or other utilities will be at locations reasonably acceptable to Licensor and the servicing utility company. 8. Interference. Licensee shall operate Licensee Facilities in compliance with all Federal Communications Commission ("FCC") requirements including those prohibiting interference to communications facilities of Licensor or other licensees of the Premises, provided that the installation and operation of any such facilities predate the installation of the Licensee Facilities. Subsequent to the installation of the Licensee Facilities, Licensor will not, and will not permit its licensees to, install new equipment on or make any alterations to the Premises, if such modifications are likely to cause interference with Licensee's operations. In the event interference occurs, Licensor agrees to use best efforts to eliminate such interference in a reasonable time period. 9. Taxes. Licensee shall pay any personal property taxes assessed against Licensee Facilities and Licensor shall pay when due, all real property taxes and other taxes, fees and assessments attributed to the Premises. 10. Termination. 10.1 This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or tern hereof other than the payment of any required fee, by the other party, which default is not cured within (60) days of receipt of written notice .of default, except that this Agreement shall not be terminated if the default cannot reasonably be cured within a thirty (30) day period, and the defaulting party has commenced to cure the default during that period and diligently pursues the cure to completion. 10.2 This Agreement may also be terminated by Licensee without further liability on thirty (30) days prior written notice: (i) if Licensee is unable to reasonably obtain or maintain any certificate, license, permit, authority or approval from any governmental authority, thus, restricting Licensee from installing, removing, replacing, maintaining or operating the Licensee Facilities or using the Premises in the manner intended by Licensee; (ii) if Licensee determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength, coverage or interference, or (iii) or Licensee otherwise determines, within its sole discretion, that it will be unable to use the Premises for Licensee's intended purpose. Communication Site License Agreement-5 11. Destruction or Condemnation. If the Premises or Licensee Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Licensee may elect to terminate .this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to the Licensor no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. 12. Insurance; Subrogation; and Indemnity. 12.1 Licensee shall provided Commercial General Liability Insurance providing for bodily injury, death and property damage in a combined single limit of not less than One Million Dollars and No Cents ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of the Licensee, its employees, and agents arising out of or in connection with the Licensee's use of the Premises. Licensor shall be named as an additional insured on Licensee's policy of insurance, and Licensee shall provide Licensor a Certificate of Insurance evidencing coverage required by this paragraph within thirty (30) days of the Effective Date of this Agreement. Licensor shall be notified by Licensee or its insurer of any cancellation, termination or the lapse of any policy required herein within thirty (30) days prior to the termination of the coverage. 12.2 Licensor and Licensee hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first-party property insurance policies for all perils insured thereunder. In the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. 12.3 Licensor and Licensee shall each indemnify, defend and hold the other harmless from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses") arising from the indemnifying party's breach of any term or condition of this Agreement or from the negligence or willful misconduct of the indemnifying party or its agents, employees or contractors in or about the Premises. The duties described in this Paragraph 12.3 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. 13. Assignment. Licensee may not assign or otherwise transfer all or any part of its interest in this Agreement or Licensee's Facilities without the prior written consent of the Licensor; provided, however, that Licensee may assign its interest to a parent company, any subsidiary or affiliate or to any successor in interest or entity acquiring fifty-one percent (51%) or more of the stock or assets, subject to any financing entities' interest, if any, in this Agreement as set forth in paragraph 14(b) below, or in connection with the transfer of Licensee's FCC authorization to operate a commercial mobile radio base station at the site. Licensor may assign this Agreement upon written notice to Licensee subject to the Assignees assuming all of Licensor's obligations herein, including but not limited to those set forth in paragraph 14 below. Licensee shall not sublicense or permit the use by others of any portion or all of Licensee's site to one or more entities for communication or other uses without the written consent of the Licensor, which Communication Site License Agreement- 6 consent shall not be unreasonably withheld. Licensee shall inform, in writing, the Licensor of its intent to sub-license additional site users. If Licensee fails to inform Licensor, Licensee shall be responsible for all accruing license fees and common area maintenance fees, including interest thereon at the rate of one percent (1%) per annum, together with all costs incurred by Licensor including attorneys' fees necessitated by the assignment. Licensee shall, however, have full rights to mortgage, pledge, hypothecate or otherwise assign this License and Licensee's Facilities to any financing entity or agent on behalf of any financing entity security to Licensee (i) has obligation for borrowed money or in respect of guarantees thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, banker's acceptances and similar security instruments or guaranties. 14. Waiver of Licensor's Lien. (a) Licensor hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Licensee's Facilities or any portion thereof, and for the purposes of this Agreement are conclusively construed as Licensee's personal property and not fixtures. (b) Licensor acknowledges that Licensee may have entered into or may enter into financing arrangements, including Promissory Notes, Security Agreements and Financing Statements for the financing of the Licensee's Facilities with a third party financing entity. In connection therewith, Licensor (i) consents to the installation of Licensee's Facilities subject to security interests; (ii) disclaims any interest in Licensee's Facilities, its fixtures or otherwise; (iii) agrees that the Licensee, or any entity holding a security interest therein, may remove Licensee's Facilities at any time without recourse to legal proceeding. Licensee, nor any financing entity granting a security interest in Licensee's Facilities shall have any right to claim any interest in real property by lien or by permissive possession other than as provided in this Agreement. 15. Title and Quiet Enioyment. Licensor represents and warrants that (i) it has full right, power, and authority to execute this Agreement, (ii) Licensee may peacefully and quietly enjoy the Premises and such access thereto, provided that Licensee is not in default hereunder after notice and expiration of all cure periods, (iii) it has obtained all necessary approvals and consents, and has taken all necessary action to enable Licensor to enter into this Agreement and allow the Licensee to install and operate the Facility on the Premises, including without limitation, approvals and consents as may be necessary from other tenants, licensees and occupants of Licensor's Premises, and (iv) the Premises and access rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date. 16. Environmental. As of the Effective Date of this Agreement: (1) Licensee hereby represents and warrants that it shall not use, generate, handle, store or dispose any Hazardous Materials in, on, under, upon or affecting the Premises in violation of any applicable law or regulation, and (2) Licensor hereby represents and warrants that (i) it has no knowledge of the presence of any Hazardous Materials located in, on, under, upon or affecting the Premises in violation of any applicable law or regulation; (ii) no notice has been received by or on behalf of Licensee from governmental entity or any person or entity claiming any violation of any applicable environmental law or regulation in, on, under, upon or affecting the Premises; (iii) it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Materials, in, on, under upon, or affecting the Premises in violation of any applicable Communication Site License Agreement-7 law or regulation. Without limiting Paragraph 12.3, Licensor and Licensee shall each indemnify, defend and hold the other harmless from and against all losses (specifically including, without limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i) any breach of any representation or warranty made in this paragraph by such party; and/or (ii) environmental conditions or noncompliance with any applicable law or regulation that result, in the case of Licensee, from operations in or about the Premises by Licensee or Licensee's agents, employees or contractors, and in the case of Licensor, from the ownership or control of, or operations in or about, the Premises by Licensor or Licensor's predecessors in interest; and their respective agents, employees, contractors, tenants, guests or other parties. The provisions of this paragraph shall apply as of the Effective Date of this Agreement and survive termination of this Agreement. "Hazardous Materials" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import, as such terms are defined in any applicable environmental law or regulation, and shall include, without limitation, any petroleum or petroleum products or by-products, flammable explosive, radioactive materials, asbestos in any form, polychlorinated biphenyls and other substance or material which constitutes a threat to health, safety, Premises or the environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any applicable environmental law or regulation. 17. Notices. All notices, requests, demand and other communication hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for next-business-day delivery by nationally recognized overnight carrier to the following addresses: If to Licensor: City of Pasco Attn: Robert Alberts 525 North 3rd Pasco WA 99301 Telephone: (509) 545-3444 Fax: (509) 543-5757 With a copy to: Leland B. Kerr Paine, Hamblen, Coffin, Brooke & Miller, LLP 7025 West Grandridge Blvd., Suite A Kennewick WA 99336 Telephone: (509) 735-1542 Fax: (509) 735-0506 Communication Site License Agreement- 8 If to Licensor: US Cellular Attn: Real Estate 8410 West Bryn Mawr Avenue, Suite 700 Chicago, IL 60631 Telephone: (773) 864-3150 Fax: (773) 399-4206 With a copy to: Licensor or Licensee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery. 18. Marking and Lighting. Licensee shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Licensee be cited because its Facility is not in compliance and should Licensee fail to cure the condition of noncompliance, Licensor may either terminate this Agreement or proceed to cure the conditions of noncompliance at Licensee's expense, which amounts shall be assessed against Licensee together with interest at the rate of one percent(I%)per annum. 19. Miscellaneous. 19.1 For the purposes of this Agreement, time shall be of the essence. 19.2 In the event of a dispute concerning the breach, interpretation, or enforcement of this Agreement, the party deeming themselves aggrieved, shall immediately notify the other for the purposes of meeting in a good faith attempt to resolve the dispute. In the event the parties are unable to promptly resolve the dispute, the disputes shall be construed under the laws of the State of Washington, and the substantially prevailing party shall be awarded its attorney's fees and costs. 19.3 If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to the persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 19.4 This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. Communication Site License Agreement-9 19.5 This Agreement constitutes the entire Agreement between the parties, and supersedes all understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments, modifications or waivers of any of the terms and conditions of this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date first written above. LICENSOR: LICENSEE: CITY OF PASCO USCOC of Richland, Inc. By: By: Name: Name: Title: Title: Date: Date: Tax I.D.: Tax I.D.: Communication Site License Agreement- 10 STATE OF WASHINGTON ) ss. County of Pasco ) On this day personally appeared JOYCE OLSON, Mayor of the City of Pasco, to be 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 and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2006. Print Name Notary Public in and for the State of Washington Residing at My Commission Expires: STATE OF ) ss. County of ) On this day personally appeared of USCOC of Richland, Inc., to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2006. Print Name Notary Public in and for the State of Washington Residing at My Commission Expires: Communication Site License Agreement- 11 CD 0 cr- 3Y c 0 a L.L_ CO z I� Li a LLJ Q o< O'er LLI � Y J O Q< a z z W z LIP a a < a z z z z z W w W ~ z W z i z a W z z a 3 pa z N z z W } a W CL gm Q =0 W W za y N � z UW S a � a � V) W I 9L C vod F — AGENDA REPORT FOR: City Council March 28, 2006 TO: Gary Crutchfie anager W/Shop Mtg.: 4/10/06 Stan Strebel, A i istrative & C nity ervices Directo Regular Mtg.: 4117/06 FROM: Webster Jackson nistrative Services Manager SUBJECT: A RESOLUTION AUTHORIZING THE SALE OF PERSONAL PROPERTY SURPLUS TO CITY NEED I. REFERENCE(S): 1. Proposed Resolution H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/10: Discussion 4117: Motion: I move to approve Resolution No. authorizing the sale of personal property surplus to city needs. III. FISCAL IMPACT: None III. HISTORY AND FACTS BRIEF: The City of Pasco Police Department has in its possession a collection of miscellaneous items consisting of.an assortment of various kinds of low value jewelry, amplifiers, speakers, chairs, etc. The majority of these items are the result of arrests and the recovery of stolen property whereas no one has come forth to claim any of it by presenting proof of ownership. The disposition of this property is in accordance with RCW Title 63.32.010, "Methods of Disposition", and FMC 2.46, "Sale of City Property". No minimum prices are suggested for each of the miscellaneous items, as they are too numerous. Staff estimates that the total sales price will be approximately $500.00, and is requesting Council to declare the items surplus to city needs and authorize staff to sell the items for a price that is in the best interest of the City. Therefore, staff is requesting Council approval of the action stated in Section II above. V. DISCUSSION: To be determined. 3(t) RESOLUTION NO. A RESOLUTION authorizing the sale of personal property surplus to City needs. WHEREAS,there are certain items of personal property surplus to City needs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON, DOES RESOLVE AS FOLLOWS: 1. The items of personal property listed below are declared surplus property and city staff is directed to advertise for sale by competitive bid, sealed . bid, or public auction at, or above, the minimum sale price set forth below: Several miscellaneous items consisting of jewelry, amplifiers, speakers, chairs, etc., MINIMUM PRICE: $500.00 2. In the event the minimum bid price is not received from these items, staff is authorized to negotiate a sale at a price that is in the best interest of the City. PASSED by the City Council of the City of Pasco this day of April 2006. CITY OF PASCO Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Webster Jackson, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council Date: 04/06/06 TO: Gary Crutchfield, City Manager Workshop: 04/10/06 FROM: Elden Buerkle,Management Assistant SUBJECT: Draft Contract With Advanced Broadcast Solutions I. REFERENCES: Draft Contract II. ACTION REQUESTED OF COUNCIL: 4110 Agreement in Principle: III. FISCAL IMPACT: Approximately $75,000 to install a video system and update the audio system in the Council Chambers. IV. HISTORY AND FACTS BRIEF: A. Council directed staff to develop an estimate of the cost to install equipment to broadcast meetings of the City Council and boards and commissions over the Charter cable tv system. Staff suggested that it would make sense to look at updating the Council Chamber audio system at the same time. B. Staff solicited proposals from two audio/video firms recommended by those with knowledge of the field. With Council's approval, staff worked to finalize the equipment to be installed and entered into negotiations with Advanced Broadcast Solutions (ABS) of SeaTac. V. DISCUSSION: A. At the workshop meeting of March 27, Council agreed to installation of the less expensive ($28,000) audio system, along with, the three camera video system ($47,000, with the option of installing a fourth camera if needed for an additional $5,100). B. The attached draft contract has been sent to ABS for their review. Staff does not expect ABS to request any major changes. C. It is hoped that with Council's approval in principle to the terms and conditions of the draft contract, the process to approve the final contract document will be expedited. 3(9) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT,made and entered into between the City of Pasco, hereinafter referred to as the "City", and Advanced Broadcast Solutions hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm in the installation of audio and video equipment in the Pasco City Council Chamber, NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and materials including consulting, design, procurement, installation, integration and training necessary to accomplish the above mentioned objectives.The scope of work to be performed by the Consultant is fully defined in the attached Appendix: Scope of Work. 2. Ownership and use of documents. A. All final reports;presentations and testimony prepared by the Consultant shall become the property of the City. 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 on the following basis: 30 percent deposit with signed agreement, 30 percent on delivery of equipment, the balance due upon completion. In no event shall the payment for all work performed pursuant to this Agreement exceed the sum of$75,000 for three cameras, or $80,100 if the four camera option is selected. Advanced Broadcast Solutions Chamber Audio and Video Systems Page 1 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 voucher to the Consultant. The Consultant may submit vouchers to the City 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 ninety(90) days. 5. Hold harmless agreement. In performing the work under this contract,the Consultant agrees to defend the City,their officers,agents, servants and employees(hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings,and to the extent permissible by law, indemnify and hold harmless the Indemnitees from A. All damages or liability of any character including in part costs, expenses and attorney fees,based upon, any negligent act,error, or omission of Consultant or any person or organization for whom the Consultant may be responsible,and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees,based upon, or alleged to be based upon, any act, omission,or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with,resulting from or causee 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(15) days of execution of this Agreement. 7. Discrimination rohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex,national origin or physical handicap. Advanced Broadcast Solutions Chamber Audio and Video Systems page 2 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten(10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document, Appendix I specifying the scope of work, and Attachment A and Attachment B listing the equipment to be installed attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant atzainst contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs. Advanced Broadcast Solutions Chamber Audio and Video Systems page 3 16. Notices. Notices to the City of Pasco shall be sent to the following address: Director Administrative & Community Services Department City Of Pasco P.O. Box 293 Pasco, WA 99301 Notices to the Consultant shall be sent to the following address: Advanced Broadcast Solutions 19605 Military Rd. S. SeaTac, WA 98188 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 DAY OF , 20 CITY OF PASCO CONSULTANT: By: By: Joyce Olson, Mayor Tom Arenz ATTEST: APPROVED AS TO FORM: Webster U. Jackson, City Clerk Leland B. Kerr, City Attorney Advanced Broadcast Solutions Chamber Audio and Video Systems page 4 P11 F T APPENDIX I: SCOPE OF WORK Consultant shall assign a Senior Engineer and a Project Manager to this project with appropriate support from technical, clerical and CAD staff during all phases. The Project Manager will continue with responsibility for pre-build, installation and integration while the senior engineer will have overall project responsibility. Senior technical staff will be assigned to system testing. Project personnel will maintain a project schedule (annotated Gantt chart) for the duration of the project. City will receive Gantt chart updates throughout the duration of the project. Project implementation will require support and pre-planning on the part of the City in order to proceed in a timely and orderly manner. Consultant's work in implementing the system will cover the following key areas: 1. Consultation 2. Design 3. Equipment Procurement and Installation 4. Integration 5. Training Consultant will work with City to determine location and footprint for the Control center. 1. Provide for 1 fixed podium camera position. 2. Provide for 1 fixed council camera position. 3. Provide for 1 fixed staff camera position. 4. Provide for camera switcher system. 5. Provide for recording of council meetings on DVD. 6. Provide for interconnection to Charter Cable provided head end feed location. 7. Provide for audio systems to include: microphone system for 16 people, audio processing, CD recording and duplication system, and mic cable for possible future translator system. 8. 1 PC for control of audio system. 9. City Council is 7 people. 10. Planning Commission is 9 people. 11. Staff is 6 people. Optional Equipment May Include a fourth camera. Consultant's design work will range from Conceptual level drawings to final As-built drawings. During the design process, Consultant will consult with City's construction contractors, electrical contractors and HVAC contractors relating to MEP requirements. New major equipment to be procured is listed in Attachments A and B. Projection Conversion for Video: Convert 2 PCs (or laptops) and Document Camera to Composite Video and provide distribution interfaces to projector and video control room for inclusion into video switching system. Advanced Broadcast Solutions Audio and Video Systems Scope Statement,page 1 Deliverables for the project are the following: • Interview client to ascertain operational needs and project expectations. Propose floor,plans, flow charts and "single-line" block diagrams for City review and approval. • Present City with "Approval-level" design drawings, equipment list and final budget for review and approval. • Determine which items of equipment are to be re-used from the existing system. • Procurement of required hardware. • Construction-level drawings. • Procurement of installation supplies (consumables). • Off-site integration. • On-site integration/installation. • System testing. • System functionality training. • User manuals for operation of the video and and audio systems. • Delivery of"As-built" drawings and documentation. Advanced Broadcast Solutions Audio and Video Systems Scope Statement,page 2 i, y - � ATTACHMENT A—CITY COUNCIL CHAMBER AUDIO SYSTEM Sennheiser SDC3000 System Procurement and Installation Cost: 2$ 8,000 Audio System Equipment to be installed shall include: • Sennheiser SDC3000CU Central Controller for Microphone System(1 each) • Sennheiser SDC3000DV Delegate Microphones w/Voting Selector (16 each) • Sennheiser PC software for SDC3000 (1 each) • Sennheiser System Cabling (1 Lot) • Denon CDR-W 1500 2-Disc CD Recorder(1 each) • Misc Audio Interconnect and Processing Hardware • Mic Line from Audio Mixer to be run to far side of Chambers area and terminated with 20 foot coil in ceiling. • 1 Dell Dimension 3100 PC systems with Windows XP Pro, keyboard, mouse, 17" LCD monitor. Existing City of Pasco Equipment: • Samsung SDP-900DXR Digital Presenter • Viewsonic PJ1065 Projector • Altec Lansing 1407A Amplifier • Misc Audio Speakers in Chambers • Wireless Mic System n i ATTACHMENT B—CITY COUNCIL CHAMBER VIDEO SYSTEM Procurement and Installation Cost: $47,000 Video System Equipment To Be Installed Shall Include: • Newtek VT-4 system: (includes VT-4, SX-84,RS-8,Light Wave 8 and Bonus Content.) o VT-4 LIVE!TM is an integrated production suite that provides a comprehensive toolset for all professional SD video production needs. VT-4 LIVE! offers the most powerful computer-based live production capabilities, able to handle anything from switching and titling for network broadcast to serverless web streaming at the touch of a button. VT-4 LIVE! provides real-time layering and effects for video and graphics in virtually any input standard or file format, operates internally in uncompressed DI component video, and includes super- scaling technology to provide super-sharp images 41en video is scaled for picture-in-picture or real-time DVSs.NewTek's VT-4 LIVE! includes integrated timeline and storyboard editing with animated titling, paint, 3D modeling and animation, keying, and much, much more. o SX-84 connects the outside world to the VT-4 software. 8-channels Y/C, 8- channels component, and 24-channels composite. (4) Y/C, Component, and composite output. Preview/Alpha out, 8-channels audio (balanced and unbalanced), (3) RS-422 control, Tally,and a lot more! o RS-8 provides 8-channel switcher control. Includes Fader Arm, Take/Auto buttons, and control of digital recorders and transitions. . o Lightwave-8 Industry standard 313 animation software. Version 8 is the latest version. o Bonus Software Included with the VT-4 Live system are 1.00 professionally produced, fully editable CG templates designed specifically for government, educational, and public access stations. o Computer System is a new,Newtek approved SuperMicro rackmount chassis. The new and improved motherboard replaces the old 333/500MHZ front bus with an 800MHz front bus(blazing speed). The new 645-watt power supply replaces the old 450-watt power supply. This new more powerful power supply ensures that there is enough power to handle all your drives, cards, CPUs, etc. without compromise or diminished performance. ■ Hardware: *(2)Intel P4 2.8GHz Xeon 800/1MB (3yr) *SuperMicro Motherboard with U320 SCSI&Lan Version 2 (Upgradeable to 3.6Ghz) *(2) 512MB ECC Registered DDR 2 Ram= 1GB *80GB 7200rpm System Drive *80GB 7200rpm Audio Drive *SuperMicro Case with 645-watt.Xeon Approved P/S (Black or Beige) Fixed Drives *NVIDIA PCI Express 128MB Win View Card * 73 GB l Ok rpm U320 HD X 4= 144GB (5yr)(approximately 3 hours storage) Advanced Broadcast Solutions Audio and Video Systems Attachment B,page 1 *52x24x52 IDE CDR-W *16x DVD-R+/-Recorder *IEEE 1394 PCI Fire Wire Card *Ultra 320 Internal SCSI Cable To 68-Pin Out (2nd SCSI Channel) *1.44"Floppy Drive *Internet Keyboard & Optical Mouse Combo *Windows XP Professional *48-Hour Burn-In ■ Hyundai L70N 17-Inch / 1280 x 1024 / 1 finis/ Silver/Black/LCD Monitor(2 each) ■ Marshall V-R82P Dual 7.9" Rack Mounted Full Color Active Matrix LCD Panel (1 each) ■ Marshall V-R63P Triple 5.8" LCD Rack Mount Panel (2 each) ■ Leightronix Mini-T-Net Network-Managed Video System Controller with Internal 8x Switcher, Rack Mount for MINI-T-NET 19" x 3.5" (2 RU), PRO-BUS Infrared-Control Interface for Select.PANASONICO DVD Players and Recorders, Interface far DVD- 6500, ■ Tascam DVD-6500 DVD player, serial controlled (1 each) ■ Panasonic DMR-T6070.Professional DVD-R/DVD-RAM Recorder/Player(1 each) ■ Hitachi .HVD30 Compact 113" Color 3-CCD Video Cameras,power supplies, and mounting adapters. (3 each). Cabling for one additional camera location to be strung for later camera addition. ■ liujinon YVI OX513-SA21, 5.0-50.0mm vari focal, manual focus, DC auto iris,F1.3, 1/3" format. CS-Mount(3 each) ■ Mackie 1402VLZ Audio Mixer(1 each) ■ Kramer VP-3XL 1:3 VGA DA(2 each) Kramer 103AV 1:3 Composite Video and Stereo Audio DA (2 each) • Kramer VP-501 XL Computer Graphics Scan Converter(2 each) • KVM Switch ('1 each) • Avocent Longview LV420 KVM Extender Option to add a fourth Hitachi camera, lens and mounting hardware at an additional cost of$5,]00. Advanced Broadcast Solutions Audio and Video Systems Attachment B,page 2 AGENDA REPORT FOR: City Council April 4, 2006 TO: Gary Crutchfi Manager Workshop Mtg.: 4110106 FROM: Gregory L. Ga ia, Fire Chief Regular Mtg.: 4117106 SUBJECT: Allowing Exhaust Brakes I. REFERENCE(S): 1. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 4110: Discussion 4117: MOTION: I move to adopt Ordinance No. , amending PMC Section 9.72.010 entitled "Restricted Use" providing for the use of exhaust brakes on emergency vehicles and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Traditionally fire trucks carry a lot of weight which consists of 500 gallons of water, several hundred feet of fire hose and various pieces of equipment, and are difficult to stop in a panic situation. There have been several incidents in several states that have resulted in either death or serious injuries to the firefighters on board the vehicle. B) This year The National Fire Protection Association (NFPA) has mandated to all fire truck manufacturers that all fire trucks built starting this year will have exhaust brakes installed. Use of exhaust brakes causes excessive noise and may be offensive in residential areas. However, it is an effective method to stop a vehicle carrying a lot of weight as it supplements the braking system. C) PMC Section 9.72 states that "It is unlawful for any person to create any loud, disturbing or unnecessary noise in the City by using any mechanical device operated by compressed air, steam, or otherwise, unless the noise created thereby is effectively muffled." This provision effectively outlaws use of exhaust breaks. V. DISCUSSION: A) Pasco is purchasing a new fire truck this year and the fire truck will have to have the exhaust brake system installed on it in order to comply with the NFPA regulation. Therefore, staff is requesting the City Council amend PMC Section 9.72 in order to be able to operate the fire truck on city streets, without violating the city's prohibition. 3(h) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Section 9.72.010 Entitled "Restricted Use" Providing for the Use of Exhaust Brakes on Emergency Vehicles THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON,DO HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 9.72.010 entitled "Restricted Use" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 9.72.010 RESTRICTED USE. Except for emergency vehicles, lit is unlawful for any person to create any loud, disturbing or unnecessary noise in the City by using any mechanical device operated by compressed air, steam, or otherwise, unless the noise created thereby is effectively muffled, (Ord. 149 Sec. 1, 1971.) Section 2. 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 Amending Section 9.72.010-1