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2006.04.17 Council Meeting Packet
AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. April l7,2006 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated April 3, 2006. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$2,161,915.65 ($112,308.68 being in the form of Wire Transfer Nos. 4517 and 4519 and, $2,049,606.97 consisting of Claim Warrants numbered 154074 through 154324). 2. To approve bad debt write-offs for utility billing, ambulance, miscellaneous, code enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$180,578.54 and, of that amount, authorize $115,025.75 be turned over for collection. (c) Appointments to Senior Services Advisory Committee: (NO WRITTEN MATERIAL ON AGENDA) To appoint John Evans to Position No. 4 on the Senior Services Advisory Committee (expiration date 04/09). *(d) Final Plat: Broadway Place Phase 5 (formerly Town & Country Village) (Neighborhood Inc.) (MF#FP06-002): 1. Agenda Report from David 1. McDonald, City Planner dated April 12, 2006. 2. Final Plat(Council packets only; copy available in Planning Office for public review). 3. Vicinity Map. To approve the final plat for Broadway Place Phase 5. (e) Resolution No. 2945, a Resolution authorizing the sale of personal property surplus to City needs. 1. Agenda Report from Webster Jackson, Administrative Services Manager dated March 28, 2006. 2. Proposed Resolution. To approve Resolution No. 2945, authorizing the sale of personal property surplus to city needs. *(f) Resolution No. 2946, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of North Douglas Avenue and East Alvina Street. 1. Agenda Report from David 1. McDonald, City Planner dated April 12, 2006. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition. To approve Resolution No. 2946, fixing 7:00 p.m., May 15, 2006 as the time and date for a public hearing to consider the proposed vacation. *(g) Resolution No.2947, a Resolution accepting the TRAC Complex Traffic Management Guide. 1. Agenda Report from Robert J. Alberts, Public Works Director dated April 12, 2006. 2. TRAC Complex Traffic Management Guide (Council packets only; copy available in Public Works Director's Office and Pasco Library for public review). 3. Proposed Resolution. To approve Resolution No. 2947, approving the TRAC Complex Traffic Management Guide, prepared by The Transpo Group, as a guide for traffic management during events. (ucl MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) Regular Meeting 2 April 17, 2006 5. VISITORS- OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers. (b) Financial Services Manager: General Fund Operating Statement through March 31,2006. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Section 9.72.0 10 entitled"Restricted Use"providing for the use of exhaust brakes on emergency vehicles. 1. Agenda Report from Gregory L. Garcia, Fire Chief dated April 4, 2006. 2. Proposed Ordinance. 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. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Council Chamber Audio and Video Systems: 1. Agenda Report from Elden Buerkle,Management Assistant dated April 14, 2006. 2. Professional Services Agreement with Advanced Broadcast Solutions. MOTION: I move to approve the professional services agreement with Advanced Broadcast Solutions and, further, authorize the Mayor to sign the agreement. (b) Communication Site License Agreement: 1. Agenda Report from Robert J.Alberts, Public Works Director dated April 10, 2006. 2. Communication Site License Agreement. 3. Vicinity Map. MOTION: I move to approve the Communication Site License Agreement with US Cellular to install antennas on the new and old water reservoirs and, further, authorize the Mayor to sign the agreement. *(c) Award 2006 Street Overlays; Project No. 06-3-03: 1. Agenda Report from Doug Bramlette, City Engineer dated April 12, 2006. 2. Vicinity Map. 3. Bid Summary. (RQ MOTION: I move to award the low bid for the 2006 Street Overlays, Project No. 06-3-03 to Inland Asphalt for the total amount of$763,714.50 and, further, authorize the Mayor to sign the contract documents. *(d) Relinquishment of Easement: 1. Agenda Report from Gary Crutchfield, City Manager dated April 14,2006. 2. Letter from Tippett Company dated 414/06. 3. Property Map. 4. Proposed Relinquishment Document. MOTION: I move to relinquish the city's interest in a portion of the six-foot utility easement on Short Plat 79-17 and, further, authorize the City Manager to execute an appropriate Relinquishment of Easement document. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) Regular Meeting 3 April 17, 2006 12. EXECUTIVE SESSION: (a) (b) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter REMINDERS: 1. 6:00 p.m., Monday, April 17, Conference Room#1 —LEOFF Disability Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK) 2. 7:30 p.m., Tuesday, April 18, Richland City Council Chambers — City Council Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS) 3. 5:00 — 7:00 p.m., Wednesday, April 19 4803 Clemente Lane Bruchi's Grand Opening Celebration. (MAYOR JOYCE OLSON) 4. 5:30 p.m., Wednesday, April 19, Roy's Smorgy Good Roads Association Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; MAYOR JOYCE OLSON,Alt.) 5. 12:00 p.m., Thursday, April 20, Pasco .Red Lion — Mayor's Luncheon Meeting. (MAYOR JOYCE OLSON) 6. 12:00 p.m., Thursday, April 20, 720 W. Lewis Street — Pasco Downtown Development Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; MATT WATKINS,Alt.) 7. 11:30 a.m., Friday, April 21, Roy's Smorgy — Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.;BOB HOFFMANN,Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 3, 2006 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Joe Jackson, Tom Larsen, Joyce Olson, and Matt Watkins. Staff present: Gary Crutchfield, City Manager; Benjamin Riley, Acting City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; David McDonald, City Planner; Doug Bramlette, City Engineer; Denis Austin, Police Chief; Elden Buerkle, Management Assistant; and Ken Roske, Police Captain. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated March 20, 2006. (b) Bills and Communications: To approve General Claims in the amount of$2,344,336.57 ($88,340.76 being in the form of Wire Transfer Nos. 4509 and 4512 and, $2,255,995.81 consisting of Claim Warrants numbered 153830 through 154073). To approve Payroll Claims in the amount of$2,101,394.88, Voucher Nos. 34278 through 34433; and EFT Deposit Nos. 30009251 through 30009960. (c) Appointments to Code Enforcement Board: To appoint Dwayne Speer to Position No. 1 (expiration date 01/07); Lisa Geming to Position No. 3; to reappoint Norma Chavez to Position No. 4; and to appoint Mary Gutierrez to Position No. 5 (expiration date 01108). (d) Administration of Surcharge Funds for Housing Programs: To approve the Interlocal Cooperation Agreement with Franklin County, Connell, Mesa and Kahlotus for the purpose of administering HB 2060 generated surcharge funds for housing programs and, further, authorize the Mayor to sign the agreement. (e) Resolution No. 2943, a Resolution fixing the time and date for a public hearing to consider the vacation of the north/south alley in Block 4 AM Wehe's Addition. To approve Resolution No. 2943, fixing 7:00 p.m., May 1, 2006 as the time and date for a public hearing to consider the proposed vacation. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Jackson. seconded. Motion carried by unanimous Roll Call vote. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 2006 Justice Assistance Grant: MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE GRANT. 3(a)A MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 3, 2006 FOLLOWING THREE CALLS FROM MAYOR OLSON FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE BEING NONE,THE PUBLIC HEARING WAS DECLARED CLOSED. MOTION: Mr. Watkins moved to authorize the application for 2006 Justice Assistance Grant funding to expand the services of the Domestic Violence Response Unit. Ms. Francik seconded. Motion carried. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Rezone (Appeal) R-T to R-S-1 for 133 Acres between Desert Plateau & I-182 (Al Angelo Company) (MF#05-181-Z): Mr. McDonald, City Planner, explained the details of the rezone and appeal. Mr. Crutchfield explained the process of a Closed Record Hearing. Mayor Olson declared she is a resident of Desert Plateau, but her property does not adjoin the proposed rezone area. There was no objection to her participation in the matter. MAYOR OLSON DECLARED THE CLOSED RECORD HEARING OPEN TO CONSIDER THE REZONE. Council and Staff discussed the rezone. MAYOR OLSON DECLARED THE CLOSED RECORD HEARING CLOSED. MOTION: Mr. Garrison moved to adopt the findings of fact and conclusions therefrom as contained in the staff report to the Planning Commission. Mr. Jackson seconded. MOTION: Mr. Larsen moved to amend the motion to add a condition to mitigate traffic in the area. There was no second. MOTION: Mr. Watkins moved to amend the motion to add a Finding of Fact (#23) stating traffic is impacted by an increase in density and add a Conclusion (#6)based on that fact Council affirms traffic will be mitigated in the platting process. Mr. Larsen seconded. Motion carried. No—Jackson. Original motion carried. No —Larsen. Ordinance No. 3762, An Ordinance of the City of Pasco, Washington, Amending the Zoning Classification of Certain Real Property Located in the Southwest Quarter of Section 14, Township 9 North, Range 29 East from R-T (Residential Transition) to R-S-1 (Suburban District). MOTION: Mr. Watkins moved, based on the findings of fact and conclusions therefrom, as adopted, to approve Ordinance No. 3762, rezoning the property from R-T to R-S-1 and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried. Ordinance No. 3763, an Ordinance relating to land use and zoning amending PMC Title 25 amending Chapters 25.50 and 25.58 repealing Chapter 25.76 and creating a new Chapter 25.75 all dealing with Landscaping Regulations. MOTION: Mr. Watkins moved to adopt Ordinance No. 3763, amending Pasco Municipal Code Title 25 by creating a new Chapter 25.75 dealing with landscaping and by modifying the landscape provisions in Chapters 25.50 and 25.58 and, further to authorize publication by summary only. Mr. Jackson seconded. Motion carried. No— Larsen, Hoffmann. Ordinance No. 3764, an Ordinance of the City of Pasco, amending certain sections of the Pasco Municipal Code regarding special events and admissions tax therefor. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 3, 2006 MOTION: Mr. Watkins moved to adopt Ordinance No.3764, regarding special events and admission tax therefor and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried. No— Larsen. Ordinance No. 3765, an Ordinance of the City of Pasco, Washington, creating Chapter 2.19 entitled "Hearing Examiner" expanding and relocating the provisions for the Office of Hearing Examiner; adopting Chapter 25.84 entitled "Land Use Hearings by Examiner"; and amending Section 23.07.070 "Appeals." Council and Staff discussed the proposed ordinance. MOTION: Mr. Garrison moved to adopt Ordinance No.3765, amending the Pasco Municipal Code regarding the Hearing Examiner and, further, to authorize publication by summary only. Mr. Jackson seconded. MOTION: Mr. Garrison called for the question. Mr. Jackson seconded. Motion failed. Council and Staff further discussed the proposed ordinance. Original motion carried. No—Larsen. Mayor Olson called for a recess at 8:35 p.m. Mayor Olson called the meeting back to order at 8:40 p.m. Ordinance No. 3766, an Ordinance of the City of Pasco, Washington amending Section 5.04.190 "Late Payment Fee" and Section 3.07.050 "Business Licenses" of the Pasco Municipal Code. MOTION: Mr. Watkins moved to adopt Ordinance No.3766, amending Pasco Municipal Code Sections 5.04.190 and 3.07.050 regarding rental license late payment fees and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried. No—Larsen. Resolution No. 2944, a Resolution establishing primary goals of the City of Pasco for the ensuing calendar years 2006-2007. MOTION: Mr. Watkins moved to approve Resolution No. 2944, establishing primary goals for the city for calendar years 2006-2007. Mr. Jackson seconded. Motion carried. NEW BUSINESS: Reject SR 395/Court Street Pedestrian Overpass Crossing Bid: MOTION: Mr. Garrison moved to reject the bid received from Ray Poland & Sons, Inc., for the SR 395/Court Street Pedestrian Overpass Crossing on October 26, 2005. Mr. Jackson seconded. Motion carried. Award Road 88 Sewer Line Extension Phase I Project No. 05-1-14: MOTION: Mr. Watkins moved to award the low bid for the Road 88 Sewer Line Extension Phase 1, Project No. 05-1-14 to Ray Poland and Sons for the total amount $227,009.44 and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. Special Permit—Placement of Cell Antennas on new Road 76 Water Tower (US Cellular) (MF#SP06-002): MOTION: Mr. Watkins moved to approve the special permit for the location of wireless communication equipment on the new water tower located at Road 76 and Sandifur 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 3, 2006 Parkway as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried. No — Larsen. Special Permit—Car Lot in a C-1 Zone at the NE corner of 28th and Sylvester (Butch Lindstrom) (MF#SP06-003): Mr. Garrison noted he lives nearby and recused himself from participation in this issue. MOTION: Mr. Watkins moved to approve the special permit for the location of a car sales lot on the northeast corner of 28th Avenue and Sylvester Street as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried, 1 abstention. Special Permit—Powder Coating and Sandblasting Shop in a C-3 Zone (Ron McGuire) (104 S. Tacoma Ave.) (MF#SP06-004): MOTION: Mr. Watkins moved to approve the special permit for the location of a powder coating and sandblasting shop at 104 S. Tacoma as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried. Special Permit—Location of a Community Service Facility Level 1 at 723 W. Clark (Center for Sharing) (MF#05-118-SP): MOTION: Mr. Watkins moved to approve the special permit for the location of a Community Service Facility Level 1 at 723 W. Clark Street as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried. MISCELLANEOUS DISCUSSION: MOTION: Mr. Larsen moved to reconsider the vote on Item 8a, Ordinance No. 3692. Mr. Hoffmann seconded. Motion failed.No—Watkins, Olson, Garrison, Jackson, Francik. ADJOURNMENT: There being no further business, the meeting was adjourned at 9:25 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Webster U. Jackson, City Clerk PASSED and APPROVED this 17th day of April, 2006. 4 CITY OF PASCO Council Meeting of: April 17, 2006 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the d signed,do y certify under penalty of perjury that the materials have been furnished,the services rendered or e labor erformed as described herein and that the claim is a just,due and unpaid obligation ,gainst t city and at we are authorized to authenticate and certify to said cl Gary C utc HY496, Cr nage Jarneg W.C e, Finance Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 4517 and 4519 in the amount of$112,308.68, have been authorized;that Check No.s 154074 through 154324 are approved for payment in the amount of$2,049,606.97,for a combined total of$2,161,915.65 on this 17th day of April,2006. Councilmember Councilmember SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 3,104.03 Judicial 14,831.80 Executive 2,526.58 Police 21,373.07 Fire 8,076.20 Administration&Community Services 70,153.48 Community Development 2,522.86 Engineering 2,400.66 Non-Departmental 84,495.64 Library 1,763.66 TOTAL GENERAL FUND: 211,247.98 STREET 52,186.59 C. D. BLOCK GRANT 5,528.29 KING COMMUNITY CENTER 10,700.74 AMBULANCE SERVICE 54,280.53 CEMETERY 2,474.96 ATHLETIC PROGRAMS 59.92 SENIOR CENTER 4,015.46 MULTI MODAL FACILITY 776.57 SPECIAL ASSESSMNT LODGING 9,216.74 LITTER CONTROL 2,475.45 REVOLVING ABATEMENT 2,311.91 INDUSTRIAL DEVELOPMENT& INFRASTRUCTURE 102,000.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 481.41 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 9,615.36 METRO DRUG FORFEITURE FUND 599.59 GENERAL CONSTRUCTION 278,496.61 WATER/SEWER 940,494.97 EQUIPMENT RENTAL-OPERATING 22,738.56 EQUIPMENT RENTAL-REPLACEMENT 159,875.96 MEDICAUDENTAL INSURANCE 112,506.93 CENTRAL STORES 1,940.01 PUBLIC FACILITIES DISTRICT 19,490.24 PAYROLL CLEARING 36,681.80 LID CONSTRUCTION 121,719.07 GRAND TOTAL ALL FUNDS: $ 2,161,915.65 3(b).1 AGENDA REPORT FOR: City Council DATE: 04/12/2006 TO: Gary Crutchfi Manager REGULAR: 04/17/2006 Stan S ,A ministrative&Community Services Director FROM: Jim hase, ance Manager SUBJECT: BAD EB WRITE-OFF'S/COLLECTION, I. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing, ambulance, miscellaneous, code enforcement and Municipal Court non-criminal,criminal and parking accounts receivable in the total amount of$180,578.54, and, of that amount, authorize $115,025.75 be turned over for collection. Ill. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING-These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address,or are accounts in "occupant"status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE -These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10,00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. MISCELLANEOUS - These are all delinquent accounts over 90 days past due or statements that are returned with no forwarding address. Those submitted for collection exceed$10.00. 4. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 5. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ .00 .00 .00 Ambulance $ 65,552.79 .00 65,552.79 Miscellaneous $ .00 60.00 60.00 Court A/R $ .00 106,218.00 106,218.00 Liens $ .00 8,747.75 8,747.75 TOTAL: $ 65,552.79 115,025.75 180,578.54 IV. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT NO. 31 FOR: City Counci DATE: 4/12/06 TO: Gary Crutch e 1 Manager WORKSHOP: Richard J. S h, irector REGULAR: 4/17/06 Community an Economic Development FROM: David I. McDonald, City Planner SUBJECT: FINAL PLAT: Broadway Place Phase 5 (Formerly Town & Country Village) (Neighborhood Inc) (MIT # FP06-002) I. REFERENCEIS): A. Final Plat (Council Packets only-Copy available in Planning Office for public review) B. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the final plat for Broadway Place Phase 5. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for a development named Town & Country Village. The developer changed the name of the plat and is now seeking final plat approval for Phase 5. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the improvements. In this case, the developer has completed all improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition the plat contains the required descriptions, dedications and acknowledgment and approval sections. VI. ADMINISTRATIVE ROUTING: 3(d) VICINITY ITEM: BROADWAY PLACE PH 5 APPLICANT: NEIGHBORHOOD, INC. FILE# MF #FP06-002 OCHOA MIDDLE SCHOOL DEISUN ILE HOME P ell, ar w C I � � .� w w' w MIMI Er' t I 1 � as. a.w. AGENDA REPORT FOR: City Council March 28, 2006 TO: Gary Crutchfie anager W/Shop Mtg.: 4/10/06 Stan Strebel, A 1 istrative & C nity ervices Directo Regular Mtg.: 4/17/06 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 4/17: Motion: I move to approve Resolution No. O�/ sf 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 PMC 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(e) 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: I. 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 NO. 32 FOR: City Council DATE: 4/ 12/06 TO: Gary Crutchfiel y anager WORKSHOP: Richard J. Smit it for REGULAR: 4/17/06 Community and Economic Development FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION- The north10 feet of E. Alvina Street adjacent Block 11, AM Wehe's First Addition (MF #VAC-06-003) I. REFERENCE(St A. Proposed Resolution and Vicinity Map B. Vacation Petition II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No.dS6, fixing 7:00 PM, May 15, 2006 as the time and date for a public hearing to consider the proposed vacation. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. A property owner in Block 11, of AM Wehe's First Addition submitted a petition requesting vacation of the north 10 feet of East Alvina Street and the east 10 feet of North Douglas Street abutting said Block. The property owner is in the process of building a house on the Northeast corner of East Alvina and North Douglas Avenue. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is May 15, 2006. V. DISCUSSION: NONE VI. ADMINISTRATIVE ROUTING: 3f) RESOLUTION NO. A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF NORTH DOUGLAS AVENUE AND EAST ALVINA STREET. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating the North 10 feet of East Alvina Street and the East 10 feet of North Douglas Street adjacent Block 11 A. M. Wehe's First Addtion, will be held before the City Council of the City of Pasco in the Council Chambers of the City Hall, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on the 15th day of May, 2006. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco this 17th day of April, 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney VICINITY MAP Street Vacation Li CD Q W > Q Q W J U W O Q z z SYCAMORE CT Z Area to be Vacated E. ALVI NA ST LLE. LEWIS ST FEE $200 MASTER FILE # DATE SUBMI'T'TED: s)— Jz- �(o CITY OF PASCO STREET / ALLEY VACATION PETITION I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: 10 Al pays,j_aa APPLICANT: PROPERTY OWNED (Legal Description) Print Name: �� /©2Dr�rrri�lr� Sign Nam Address: / f Z 3 ,-�,1. 334 Phone # timed 3 $y�/dG Date L Print Name: Sign Name: Date Print Name: Sign Name: Date AGENDA REPORT NO. 10 FOR: City Council DATE: 4/12/06 TO: Gary Crutchfi I anager Regular: 4/17/06 FROM: Robert J. Albe Vlkectcr, Public Works SUBJECT: TRAC Complex Traffic Management Guide 1. REFERENCE(S): 1. TRAC Complex Traffic Management Guide 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/17/06: MOTION: I move to approve Resolution No. v , approving the TRAC Complex Traffic Management Guide, prepared by The Transpo Group, as a guide for traffic management during events. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: On June 6, 2005 the City contracted with The Transpo Group to monitor the traffic at the TRAC and Sports Complex during the Fourth of July event. Prior to and following the event, The Transpo Group met with City staff and the event coordinators. Bruce Haldors of The Transpo Group made a presentation to Council regarding the findings after the Fourth of July event, and made recommendations on event traffic management and future improvements on Road 68 and Burden Boulevard. A draft guide was presented to Council for comments. Staff met with County representatives to gather further comments. The Transpo Group has consolidated all comments and prepared a final TRAC Complex Traffic Management Guide. Staff recommends adoption of the plan to use in addressing traffic management during events. V. ADMINISTRATIVE ROUTING Project File 3(9) RESOLUTION NO. A RESOLUTION accepting the TRAC Complex Traffic Management Guide. WHEREAS, on June 6, 2005 the City contracted with The TRANSPO Group to monitor the traffic at the TRAC and Sports Complex during the Fourth of July event; and, WHEREAS, The TRANSPO Group prepared a draft TRAC Complex Traffic Management Guide and provided the plan to Council for comments; and, WHEREAS, on February 27, 2006 Bruce Haldors of The TRANSPO Group made a presentation to Council regarding the findings after the Fourth of July event, and recommendations on event traffic management, future improvements on Road 68 and Burden Boulevard; and, WHEREAS, City of Pasco staff met with County representatives and received their comments; and, WHEREAS, The TRANSPO Group has incorporated all comments into the plan and has finalized the plan; NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: The Pasco City Council (Council) accepts the Guide prepared by The TRANSPO Group dated April 2006 as completed and directs staff to utilize the TRAC Complex Traffic Management Guide as a planning document in addressing traffic management for events. PASSED by the City Council of the City of Pasco this 17`h day of April 2006. Joyce Olson, Mayor ATTEST: Sandy Kenworthy Deputy City Clerk APPROVED AS TO FORM: Lee Kerr City Attorney GENERAL FUND OPERATING STATEMENT THROUGH MARCH 2006 CASH BASIS YTD % OF YTD TOTAL %OF 2006 2006 ANNUAL 2005 2005 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 143,322 4,800,000 3.0% 74,297 4,212,869 1.8% SALES 1,796,367 7,000,000 25.7% 1,650,274 7,722,083 21.4% UTILITY 1,849,530 6,025,000 30.7% 1,658,727 6,131,347 27.1% OTHER 253,980 880,000 28.9% 229,125 982,566 23.3% LICENSES& PERMITS 713,606 935,450 76.3% 795,995 2,326,524 34.2% INTERGOV'T REVENUE 120,878 989,000 12.2% 99,387 1,194,619 8.3% CHARGES FOR SERVICES 713,274 2,459,010 29.0% 500,888 2,461,477 20.3% FINES& FORFEITS 156,286 702,400 22.3% 177,227 709,212 25.0% MISC. REVENUE 191,616 681,250 28.1% 90,863 853,129 10.7% OTHER FIN. SOURCES 9,375 145,500 6.4% 53,865 358,399 15.0% TOTAL REVENUES 5,948,234 24,617,610 24.2% 5,330,648 26,952,225 19.8% BEGINNING CASH BALANCE 6,498,810 6,000,000 5,444,071 5,444,071 TOTAL SOURCES 12,447,044 30,617,610 40.7% 10,774,719 32,396,296 33.3% EXPENDITURES: CITY COUNCIL 28,792 105,675 27.2% 19,829 84,832 23.4% MUNICIPAL COURT 216,978 939,585 23.1% 167,261 825,946 20.3% CITY MANAGER 160,614 550,445 29.2% 129,647 543,616 23.8% POLICE 2,011,413 8,436,478 23.8% 1,933,825 8,144,023 23.7% FIRE 1,144,272 3,189,935 35.9% 586,560 2,784,368 21.1% ADMIN& COMMUNITY SVCS 1,000,804 4,225,735 23.7% 868,493 4,322,890 20.1% COMMUNITY DEVELOPMENT 355,007 1,019,480 34.8% 251,873 1,169,229 21.5% ENGINEERING 257,714 1,093,585 23.6% 248,443 1,054,272 23.6% MISC. NON-DEPARTMENT 1,022,821 6,843,599 14.9% 1,013,814 6,103,388 16.6% LIBRARY 307,712 945,900 32.5% 282,328 864,922 32.6% TOTAL EXPENDITURES 6,506,127 27,350,417 23.8% 5,502,073 25,897,486 21.2% ENDING FUND BALANCE 3,267,193 6,498,810 TOTAL EXPEND AND END FUND BAL 30,617,610 32,396,296 AVAILABLE CASH BALANCE 5,940,917 5,272,646 PERCENTAGE OF BUDGET ALLOCATED FOR 3 MONTHS 25.0% • Authorized but non-budget expenditures of $15,300 (cumulative)which will effectively reduce the ending fund balance. These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance at month end. The City's CAFR is prepared using the Accrual Basis of Accounting. These statements are intended for Management use only. E(b) AGENDA REPORT FOR: City Council April 4, 2006 TO: Gary Crutchfi (y Manager Workshop Mtg.: 4/10/06 FROM: Gregory L. Gaicia, Fire Chief Regular Mtg.: 4/17/06 SUBJECT: Allowing Exhaust Brakes I. REFERENCE(S): 1. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 4/10: Discussion 4/17: 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. 8(a) i I 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: I 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: i 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 12006. i Joyce Olson Mayor ATTEST_ APPROVED AS TO FORM: Webster U. Jackson Leland B. Kerr City Clerk City Attorney f I i i i i Ordinance Amending Section 9.72.010-1 I AGENDA REPORT FOR: City Council Date: 04/14/06 TO: Gary Crutch fI i Manager Meeting: 04/17/06 FROM: Elden Buerkle, anagement Assistant SUBJECT: Professional Services Agreement for Council Chamber Audio and Video Systems I. REFERENCES: Professional services agreement with Advanced Broadcast Solutions II. ACTION REQUESTED OF COUNCIL: MOTION: I move to approve the professional services agreement with Advanced Broadcast Solutions and authorize the Mayor to sign the agreement. III. FISCAL IMPACT: $77,200 to install a video system and update the audio system in the Council Chambers; available in the General Fund ending balance. 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). V. DISCUSSION: A. At the workshop meeting of March 27, Council agreed to installation of the less expensive audio system, along with the three camera video system, with the option of installing a fourth camera, if needed, at additional cost. B. The attached agreement is based on the draft reviewed by Council April 10. It has been reviewed and updated by ABS; the primary change being a cost increase of $2,200 due to recent equipment price rises, for a total cost of$77,200. C. ABS states that once the agreement is executed and they receive the first scheduled payment of 30 percent, they can order the equipment and install most of it in racks at their facility, reducing installation time in the Council Chamber to about three days. It is expected installation and training will be completed by the end of May, permitting the broadcast of City Council and other meetings over Charter cable to begin by July. 10(a) 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$77,200 for three cameras, or$82,300 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 parry 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 prohibited. 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 against 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 City of Pasco P. O. Box 293 Pasco, WA 99301 Notices to the Consultant shall be sent to the following address: Advanced Broadcast Solutions LLC 8735 South 212th Street Kent, WA 98031 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 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 ATTACHMENT A—CITY COUNCIL CHAMBER AUDIO SYSTEM Sennheiser SDC3000 System Procurement and Installation Cost: $27,000 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 ATTACHMENT B—CITY COUNCIL CHAMBER VIDEO SYSTEM Procurement and Installation Cost: $50,200 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 seiverless 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 D1 component video, and includes super- scaling technology to provide super-sharp images when video is scaled for picture-iii-picture or real-time DVEs. 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 Aim,.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 333/50OMHZ 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: *DUAL INTEL XEON 3.4GHZ XEON 800MHZ/2MB CACHE(3YR) *SUPERMICRO X6DA8G MOTHERBOARD WIU320 SCSI&LAN VERSION 2 *I GB ECC REGISTERED DDR RAM X2=2GB *80GB SATA 720ORPM(OPERATING SYSTEM) '80GB 7200rpm Audio Drive *SUPERMICRO 7431 CASE W/645 WATT XEON APPROVED BLACK(FIXED DRIVE) *NVIDIA FX6600 256MB PCIE TWIN VIEW CARD *146GB l OK U320 RPM HD X4=584GB Drive Array=6 hours of uncompressed storage (FIXED SOLUTION) *16X DVDR+/-RECORDER .*52x24x52 IDE CDR-W *IEEE 1394B PCI FIRE WIRE CARD *ULTRA 320 INTERNAL SCSI CABLE TO 68 PIN OUT(2"D SCSI CHANNEL) *1.44"FLOPPY DRIVE Advanced Broadcast Solutions Audio and Video Systems Attachment B,page I *INTERNET KEYBOARD&OPTICAL MOUSE COMBO *WINDOWS XP PROFESSIONAL System Build&48-hour Bum-in *Rack Mount Arms * 1/2 Day of On-Site Training(travel expenses not included) • Acer AL 1 711 FB 17"/ 12ms/ 500:1 / SXGA 1280 x 1024/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) ■ .Le.ightronix:Mini-T-Net Network-Managed Video System Controller with Internal 8xl Switcher, [Zack Moron for MINI-T-NET 19"x 3.5" (2 RU), PRO-BUS Infrared-Control Interface for Select MN-A cONICm Interface for Pioneer DVD Player/Recorders, Interface for DVD-6500, ■ Tascam DVD-6500 DVD player, serial controlled(1 each) ■ .Pioneer DVR-633H-S Slim-Line Dual-Layer DVD Recorder/DVD Player NV/160GB HDD (1 each). ■ Hitachi HVD30 Compact 1/3"Color 3-CCD Video Cameras, power supplies, and mounting adapters. (3 each). Cabling for one additional camera location to be staling for later camera addition. ■ Fujinon YV IOXSB-SA2L 5.0-50.Oinm va.ri focal, manual focus, DC auto iris, F 1.3, 1/3" format. CS-Mount(3 each) ■ Mackie 1402VLZ Audio Mixer(I 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(1 each) ■ Equipment Racks in Control .Room for Hardware and Operator Control Point for entire system. ■ Rental of scaffolding for camera installation. Option to add a fourth Hitachi camera,lens and mounting hardware at an additional cost of$5,100. Advanced Broadcast Solutions Audio and Video Systems Attachment B,page 2 AGENDA REPORT NO. 9 FOR: City Council Date: 4/10/06 TO: Gary Crutchfi 1 I anager Regular: 4/17/06 FROM: Robert J. Albe er c ,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: 4117/06: MOTION: I move to approve the Communication Site License Agreement with US Cellular to install antennas on the new and old water reservoirs and, further, authorize the Mayor to sign the agreement. 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 i0(b) 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 April, 2006, between CITY OF PASCO, a Washington Municipal Corporation, hereinafter referred to as "Licensor", and USCOC of Richland, Inc., 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 Cablin . 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. An exposed aggregate equipment building shall be 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. V 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 upon the date ("Effective Date") the Licensor gives written notice to the City of its exercise of its Due Diligence Option as provided in Section 2 above, which shall occur no earlier than fifteen (15) days from the date of written notice from the City of availability for access to the site by the Licensee, and no later than the expiration date of the Due Diligence Option period provided in Section 2 above. 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 Iicense 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. Communication Site License Agreement- 3 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 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, at 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. Following the completion of construction, the Licensee shall not be permitted access upon a water tank, or within a water tank, without being accompanied by a City employee. 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 Communication Site License Agreement-4 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 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 term 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 Communication Site License Agreement- 5 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. 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 Communication Site License Agreement- 6 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 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 Communication Site License Agreement- 7 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 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 Licensoe'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 Communication Site License Agreement- 8 Kennewick WA 99336 Telephone: (509) 735-1542 Fax: (509) 735-0506 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 (1%) 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 parry 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. Communication Site License Agreement-9 19.4 This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. 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 T.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 � Y W Z Z O Z Li- QD Q W a W Q > O V) no�\ Q V J w. z '17 0 ::D m N a z W Z U Q a z El, a a z W a W a a z z zz a p Y �y J Q Q o� z� H z z W a W EL o a aM J X y N z N Z ' U Z U p 4 /Z w v' 9L ovo2j AGENDA REPORT NO. 14 FOR: City Council April 12, 2006 TO: Gary Crutch ity anager Regular Mtg: April 17, 2006 Robert J. Albe Works Director FROM: Doug Bramlette, City Engineer i/x SUBJECT: Award 2006 Overlays; Project#06-3-03 I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary II. ACTION REQUESTED OF COUNCIIUSTAFF RECOMMENDATIONS: 3/17: MOTION: I move to award the low bid for the 2006 Overlays, Project No. 06-3-03 to Inland Asphalt for the total amount of$763,714.50 and, further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Street Overlay Fund IV. HISTORY AND FACTS BRIEF: On April 12, 2006, staff received three bids for the 2006 Overlay, Project No. 06- 3-03. The low bid was received from Inland Asphalt, in the total amount of $763,714.50. The second lowest bid received was in the amount of $782,134.80. The highest bid was for $960,301.50. The Engineer's Estimate for the project is $835,363.00. The scope of work for the 2006 Overlays, Project No. 06-3-03 includes approximately 10,360 tons of asphalt overlay. The five areas are highlighted on the vicinity map included. The budget for the 2006 Overlay program is $900,000. The goal is to pave as many streets possible within the budget. Where applicable, additional paving will be performed to meet the goals of the program. Staff recommends award of this contract to Inland Asphalt. V. ADMINISTRATIVE ROUTING Project File io(c) � o S � L'1 Z IJ Ln LLI W Z ,.� z LLI p LLJ M O 2i LLI O r,4 o a U J o e I � Y I � m Q 0 3 � m - w U F O M --3 � � N Q W CY Q � 4 Q J fF VO r � i a c� z t w r A o 11 City of Pasco 2006 OVERLAYS Project No. 06-3-03 April 12, 2006 BID SUMMARY Total Engineer's Estimate $835,363.00 l.Inland Asphalt $763,714.50 2. Transtate Paving $782,134.80 3. A & B Asphalt $9601301.50 AGENDA REPORT TO: City Council April 14, 2006 FROM: Gary Crutchfi t Manager Regular Mtg.: 4/17/06 SUBJECT: Relinquishmen of Easement L REFERENCE(S): 1. Letter from Tippett Company dated 414/06 2. Property Map 3. Proposed Relinquishment Document II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 4/17: MOTION: I move to relinquish the city's interest in a portion of the six-foot utility easement on Short Plat 79-17 and, further, authorize the City Manager to execute an appropriate Relinquishment of Easement document. 111. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Tippett Company has purchased a parcel of land presently outside the city limits but within the Pasco Urban Growth Boundary. The property is adjacent recently platted land and Tippett Company desires to divide its parcel so that it becomes two parcels, each fronting on different streets (one fronting on the north and the other fronting on the south). B) The development review process being conducted by the County noted existence of a six-foot utility easement all along the property lines. The easement does not reflect whether it is a "public easement" or for "public" utilities; it simply notes its existence as an easement for utilities. C) The realignment of the property lines to conform to the new street alignment will leave a six-foot utility easement traversing the lot away from property lines and unnecessarily encumbering portions of the revised lot layout (see property map). Consequently, the developer (Tippett Company) desires to eliminate the existence of the utility easement. The title company, however, will not insure title unless those utilities with potential interest in the easement relinquish such potential interest. D) Tippett Company has provided a "relinquishment of easement" document which, if signed, would relinquish any interest the city may have in the noted utility easement (much like a quit claim deed). V. DISCUSSION: A) In reviewing the matter with the City Engineering office, staff concludes that a six- foot utility easement would not be of great value to the city in any event (it would need to be at least ten feet). In the instant case, however, the city has no plans for the installation of utilities in the alignment of the existing utility easement (city standard requires easement to be adjacent public rights-of-way, unless required otherwise due to unique circumstances). Consequently, staff sees no practical reason to withhold approval of the relinquishment. B) Both the PUD and the irrigation district have executed the relinquishment agreement. Given no need for the easement on the part of the city, staff recommends execution of the relinquishment as well. 10(d) AdMiLL TIPPETIT COMPANY April 4, 2006 Gary Crutchfield City of Pasco P.O. Box 293 Pasco, WA 99301-0293 RE: 9409 W. Argent—Relinquishment of Easement Dear Gary, I purchased a property in 2005 which is located at 9409 W. Argent St.just outside the city limits in Franklin County. The property is perfectly rectangular as you can see from the attached"Binding Site Plan Map"and the property has a utility easement around the entire perimeter. The Binding Site Plan which proposes to alter the boundary lines between my property and two of our neighbors so as to accommodate a myriad of issues important to all of us. Completion of the Binding Site Plan will result in the need to lose a portion of the utility easement mentioned above. This is outlined in yellow on the enclosed Binding Site Plan Map. 1 intend to then Short Plat my property shown as Tract 2 on the Binding Site Plan Map. The north half of my property will be serviced by utilities from Syrah Drive and the south half is already served by utilities by Argent St. 1 have enclosed for your consideration the following: 1. Proposed Relinquishment of Easement to be signed by the City of Pasco. 2. Binding Site Plan Map 3. Copy of Relinquishment of Easement signed by the Franklin County Public Utility District 4. Copy of Relinquishment of Easement signed by the Franklin County Irrigation District I am requesting that the City signs the enclosed Relinquishment of Easement Agreement. Provided the City signs the enclosed Relinquishment of Easement Agreement, I will now be able to eliminate the utility easement since both the PUD and the Franklin County Irrigation District have signed Relinquishment of Easement Agreements as well. Please call me if you need to discuss this further. Sincerely, Robert M. Tippett P.O. Box 3027 Pasco,WA 99302 tel 509.545.3355 fax 509.545.1689 www.tippettcompany.com Real Estate Services N87'45'47"W 193.75' R�,IlYM DRIVE E �,;'� G� TRACT s _ 120.52' PARCEL B 29,282 SQ.FT. f PARCEL C 0.67 ACRES EXISTING SEE DETAIL 3, �5 SEE DETAIL 3, 3205 PAGE 2 C4 / PAGE 2 6LDG- c"' 65.58' _ .57.45'46"1=.._ MS6• — � 160..000' PARCEL A f f SEE DETAIL 1, I PARCEL D PAGE 2 I I SEE DETAIL 4, I I w PAGE 2 i TRACT t I i N. I oflf { 1 25,972 SQ.FT. o to ^ EKISTiN o I 0.[3] ES o I I o BLDG. of I t N fl0 TRACT 2 Z 3 QTLY ESMT i 50,546 SQ.FT. F I PER S.P. 1.16 ACRES 1 79-17 L (RHS) S87'45'47"E 100.00 3' UTLY ESM I �j I 79-17 P. 1 a J X I I `� .- '" 100' WELL l f C ESMT. PER I I W + S.P. 79-17 1 n � o cn r-� J W •-- >' rn Darn z f ~ J ~ � th N XIS.TIN vi a Rol / I I ° U) I io vi in w vi 149.70 FND 5/8" REBAR 100.00 TEL PED� 0 0.1Nx0.]E FND 5/8" $EBpAR�E1 0. E 1277.67' D/�r jar Dn S8T45 46 E B.O.B. ��(L V�1 r l Ii l! j� 2731.72 q i SURVEY FOR INDEX 44' l� �,( SEC T. R. BOB TIPPETT 17 9 N 29E Ao �.n � 14120 r�NAL LAID 5" EXPIRES: 07/30/2006 I RELINQUISHMENT OF EASEMENT The undersigned City of Pasco,a State of Washington municipality, hereinafter referred to as"Pasco", relinquishes, releases and vacates that portion of the following described Public Utility Easement described below. RECITALS Pasco determined that the following described portion of the Public Utility Easement was not usable by Pasco and therefore could be abandoned and any rights of Pasco in the described easement should be relinquished, released and vacated RELINQUISHMENT Now therefore Pasco relinquishes, releases and vacates all of its right, title and interest in and to the following described portion of the Public Utility Easement: THOSE PORTIONS OF THE PUBLIC UTILITY EASEMENTS AS DESCRIBED ON SHORT PLAT NO. 79-17 RECORDED IN VOLUME 1 OF SHORT PLATS, PAGE 115, UNDER AUDITOR'S FILE NO. 393427,FRANKLIN COUNTY WASHINGTON, LYING ON EITHER SIDE AND ADJACENT TO A LINE MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SHORT PLAT; THENCE NORTH 02 017'07" EAST FOR A DISTANCE OF 210.00 FEET TO THE NORTHWEST CORNER OF LOT 5 OF WEST VINEYARDS ESTATES, RECORDED IN VOLUME D OF PLATS, IN PAGE 195, RECORDS OF FRANKLIN COUNTY, WASHINGTON, UNDER AUDITOR'S FILE NO. 1593841, FRANKLIN COUNTY, WASHINGTON AND THE POINT OF BEGINNING. THENCE NORTH 02 017'07"EAST FOR A DISTANCE OF 120.32 FEET TO THE NORTHEAST CORNER OF SAID LOT 1 OF SAID SHORT PLAT; THENCE NORTH 87 045'46" WEST FOR A DISTANCE OF 160.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1 OF SAID SHORT PLAT; THENCE SOUTH 02°17'07" WEST FOR A DISTANCE OF 133.46 FEET TO THE TRUE POINT OF TERMINUS OF SAID UTILITY EASEMENT. Attached as Exhibit"A" is a drawing of the vacated portion of the Public Utility Easement. 1 Dated this day of , 2006• City of Pasco, a State of Washington Municipality By: Gary Crutchfield STATE OF WASHINGTON ) ) ss COUNTY OF FRANKLIN ) On this day personally appeared before me ,to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purpose 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 Appointment Expires: 2