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HomeMy WebLinkAbout2006.06.19 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. June 19, 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 June 5,2006. (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$2,528,723.08 ($42,362.52 being in the form of Wire Transfer Nos. 4560 and 4563 and, $2,486,360.56 consisting of Claim Warrants numbered 155086 through 155351). 2. To approve bad debt write-offs for utility billing, ambulance and Municipal Court non- criminal, criminal and parking accounts receivable in the total amount of$272,837.61, and, of that amount, authorize$207,156.61 be turned over for collection. (c) Renewal of Contract for Prosecutor Services: 1.. Agenda Report from Stan Strebel,Administrative& Community Services Director dated June 7, 2006. 2. Proposed Contract. To approve the renewal contract for Prosecutorial Services with Terry M. Tanner and Raymond G. Hui and, further, authorize the City Manager to execute the agreement. *(d) Final Plat—Loviisa Farms II,Phase 7(Aho Construction) (MF#FP06-003): 1. Agenda Report from David I. McDonald, City Planner dated June 14,2006. 2. Copy of Final Plat (Council packets only; copy available in Planning Office for public review). 3. Vicinity Map. To approve the final plat for Loviisa Farms II, Phase 7. *(e) Resolution No. 2962, a Resolution accepting work performed by Gelco Services, under contract for the 2005 Sewer Lining Project No. 05-1-15. 1. Agenda Report from Doug Bramlette, City Engineer dated June 13, 2006. 2. Resolution. To approve Resolution No. 2962, accepting the work performed by Gelco Services under contract for the 2005 Sewer Lining Project No. 05-1-15. *(f) Resolution No. 2963, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Chestnut Avenue. 1. Agenda Report from David I. McDonald, City Planner dated June 14, 2006. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition. To approve Resolution No. 2963, fixing 7:00 p.m., July 17, 2006 as the time and date for a public hearing to consider the proposed vacation. *(g) Resolution No. 2964, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of East George Street and a portion of East Adelia Street. 1. Agenda Report from David I. McDonald, City Planner dated June 14,2006. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition. To approve Resolution No. 2964, fixing 7:00 p.m., July 17, 2006 as the time and date for a public hearing to consider the proposed vacation. *(h) Cancellation of Business Meeting: (NO WRITTEN MATERIAL ON AGENDA) To cancel the July 3, 2006 Business Meeting. (RQ MOTION: I move to approve the Consent Agenda as read. Regular Meeting 2 June 19,2006 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers. (b) Financial Services Manager: General Fund Operating Statement through May 31,2006. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Q(a) Street Vacation—A Portion of East Clark Street(MIT#VAC-06-006): 1. Agenda Report from David I.McDonald, City Planner dated June 14, 2006. 2. Proposed Ordinance and Vicinity Map. CONDUCT A PUBLIC HEARING Ordinance No. ,an Ordinance vacating a portion of East Clark Street. MOTION: I move to adopt Ordinance No. , vacating a portion of East Clark Street and, further, authorize publication by summary only. (b) Six-Year Transportation Improvement Plan 2006-2011: 1. Agenda Report from Robert J. Alberts, Public Works Director and Doug Bramlette, City Engineer dated June 7,2006. 2. Proposed Plan. 3. Resolution. 4. Map. CONDUCT A PUBLIC HEARING Resolution No. , a Resolution adopting the revised and extended Comprehensive Street, Storm Drain and Bridge Programs for the City of Pasco. MOTION: I move to approve Resolution No. , thereby adopting the City's Six-Year Transportation Improvement Plan for 2007 through 2012. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Fireworks Violations: 1. Agenda Report from Gary Crutchfield, City Manager dated June 14, 2006. 2. Proposed Ordinance. Ordinance No. , an Ordinance of the City of Pasco, Washington, designating the Possession and Use of Fireworks as a Civil Infraction amending Section 16.40.110 and Section 16.40.180. MOTION: I move to adopt Ordinance No. making the possession and use of fireworks a civil infraction and, further, authorize publication by summary only. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Award Lewis Street/"A" Street Connector, Project No. 06-3-06: 1. Agenda Report from Doug Bramlette, City Engineer dated June 15, 2006. 2. Vicinity Map. 3. Bid Summary. txcl MOTION: I move to award the low bid for the Lewis Street/"A" Street Connector, Project No. 06-3-06 to Transtate Paving Company for the total amount of$459,035.80 and, further, authorize the Mayor to sign the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) Regular Meeting 3 June 19,2006 12. EXECUTIVE SESSION: (a) (b) {c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...:' Q Quasi-Judicial Matter REMINDERS: 1. 11:00 a.m., Saturday, June 17, Highland Park — Juneteenth Parade (stage at 10:00 a.m.). (MAYOR JOYCE OLSON, COUNCILMEMBERS REBECCA FRANCIK, BOB HOFFMANN, JOE JACKSON, TOM LARSEN and MATT WATKINS) 2. 11:30 a.m., Monday, June 19, Hammer Training Center — Pacific Northwest National Laboratory's Prosperity Partnership Luncheon. (MAYOR JOYCE OLSON) 3.. 6:00 p.m., Monday, June 19, Conference Room #1 -- LEOFF Disability Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK) 4. 7:30 a.m., Tuesday, June 20, CBC Science & Tech Center, Room TD-439'— "New Directions in Agriculture Education at CBC"Breakfast Briefing. (MAYOR JOYCE OLSON) 5. 5:30 p.m., Wednesday, June 21, Roy's Smorgy — Good Roads Association Board Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.;MAYOR JOYCE OLSON,Alt.) 6. 7:30 a.m., Thursday, June 22, AmeriSuites — Tri-Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.; TOM LARSEN,Alt.) 7. 4:00 p.m., Thursday, June 22, Three-Rivers Convention Center — TRIDEC Board Meeting. (COUNCILMEMBER.MIKE GARRISON,Rep.;TOM LARSEN,Alt.) 8. 5:30 p.m., Thursday, June 22, 710 W. Court Street — Community Action Committee Board Meeting. (MAYOR JOYCE OLSON,Rep.; COUNCILMEMBER REBECCA FRANCIK,Alt.) 9. 7:00 p.m., Thursday, June 22, 800 W. Canal Drive—Benton-Franklin District Board of Health Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS) MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 5, 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; Leland B. Kerr, City Attorney; Stan Strebel, Administrative& Community Services Director; Richard Smith, Community & Economic Dev. Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Doug Bramlette, City Engineer and Elden Buerkle, Management Assistant. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated May 15, 2006. (b) Bills and Communications: To approve General Claims in the amount of$1,436,195.63 ($186,415.45 being in the form of Wire Transfer Nos. 4538, 4541,4545 and 4546 and, $1,249,780.18 consisting of Claim Warrants numbered 154773 through 155085). To approve Payroll Claims in the amount of$1,519,197.04, Voucher Nos. 34550 through 34668; and EFT Deposit Nos. 30010439 through 30010927. (c) Appointments to Public Facilities District Board: To reappoint Robert Tippett to Position No. 4 and Leonard Dietrich to Position No. 5, both terms with an expiration date of 7/14/10, on the Public Facilities District Board. (d) First Night Tri-Cities: To approve the agreement between First Night Tri-Cities and the cities of Kennewick, Pasco and Richland and,further, authorize the City Manager to sign the agreement. (e) Resolution No. 2956, a Resolution fixing the time and date for a public hearing to consider the vacation of Saint Fran Court. To approve Resolution No. 2956, fixing 7:00 p.m., July 17,2006 as the time and date for a public hearing to consider the proposed vacation. (f) Resolution No. 2957, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of North California Avenue. To approve Resolution No. 2957, fixing 7:00 p.m., July 17, 2006 as the time and date for a public hearing to consider the proposed vacation. (g) Resolution No. 2958, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of North Fourth Avenue. To approve Resolution No. 2958, fixing 7:00 p.m., July 17, 2006 as the time and date for a public hearing to consider the proposed vacation. (h) Resolution No. 2959, a Resolution fixing the time and date for a public hearing to consider the vacation of the east/west alley in Block Two, Star Addition. To approve Resolution No. 2959, fixing 7:00 p.m., July 17,2006 as the time and date for a public hearing to consider the proposed vacation. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 5, 2006 (i) Resolution No. 2960, a Resolution accepting work by Ashley Bertsch Group, Inc., under contract for the Loviisa Farms Park Development Project. To approve Resolution No. 2960, accepting the work performed by Ashley-Bertsch Group, Inc., under contract for the Loviisa Farms Park Development Project No. 05-6-01. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Olson presented Certificates of Appreciation for May 2006 "Yard of the Month" to: John and Marie Carder, 705 Bonneville Street Manuel and Teresa Espinoza, 3719 W. Sylvester Street Audna Lentz, 3811 Desert Plateau Drive Luis and Teresa Ortiz, 4416 John Deere Lane Mayor Olson presented Certificates of Appreciation for May 2006 "Business of the Month Appearance Award" to: Davidson Law Center, 1013 N. 5th Avenue VISITORS - OTHER THAN AGENDA ITEMS: Mr. Sven Dailey, 2107 N. 9`h Ave.,proposed a change in PMC 9.38.020 concerning the sale of drug paraphernalia near schools. Mr. Douglas Tompkins, representing his mother who lives at 415 N.22nd Ave., requested exemption from a Code Enforcement violation regarding her front yard landscaping. Mr. Bryce Cheny, 419 N. 22nd St., stated his property is not in compliance with the landscape code but believes it should be grandfathered. Ms. Violet McIntire, 214 S. 26`h St., was unhappy that she received a letter about her landscape. Mr. Gary Pemberton, 819 W. Park St., expressed frustration in the police process of handling fireworks complaints. Mr. Brad Peck, 200 Rd 34, commended the Pasco Police Dept. for their response to his calls and he asked for clarification on the attorney's comments about police procedures. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison attended the TRIDEC Luncheon. Ms. Francik attended the Scholarship Awards Ceremony at Pasco High School. Mr. Hoffman toured regional projects with the Washington Transportation Commission. Mayor Olson gave comments on the Lewis St. underpass at the Transportation Commission Hearings, attended the Ribbon Cutting Ceremony for Columbia River Bank at Rd. 68, and attended Benton Franklin Community Action Council Meeting. She also updated citizens, through a radio interview, about Chiawana Park and attended the dedication of the Pasco High School Bulldog House. Mr. Larsen attended the Emergency Medical Services Board Meeting. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 5, 2006 Street & Alley Vacation—Steffins 2nd Addition and Owens Addition (MF#VAC- 06-005): MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST,AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3776, an Ordinance vacating streets and alleys in Owens Addition and W.H. Steffins Addition. MOTION: Mr. Watkins moved to adopt Ordinance No. 3776, vacating unimproved streets and alleys in Steffins 2nd Addition and Owens Addition and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Sewer Connection Fees: Ordinance No. 3777, an Ordinance of the City of Pasco, Washington, amending Section 3.07.170 entitled "Sewer Use Fees." MOTION: Mr. Watkins moved to adopt Ordinance No. 3777, amending Chapter 3.07.170, Sewer Stub-Out Connection Fees. Mr. Jackson seconded. Motion carried. No - Larsen. Resolution No. 2961, a Resolution expressing certain policies of the City Council regarding extension of the municipal sewer system. MOTION: Mr. Watkins moved to approve Resolution No. 2961,which sets a maximum cost of$5,000 per assessment for sewer ULIDs in a typical residential neighborhood. Mr. Jackson seconded. Motion carried. No—Larsen. UNFINISHED BUSINESS: Ordinance No. 3775, an Ordinance changing the name of two streets that were heretofore platted as Road 6$ Place and Convention Place. MOTION: Mr. Watkins moved to amend proposed Ordinance No. 3775 as follows: Section 1: Baseline Drive shall be changed to Convention Drive; Section 2: Section 2 shall be stricken in its entirety. Mr. Jackson seconded. Motion carried. Original motion (from May 15, 2006) carried. NEW BUSINESS: Reject Bids for 2006 Sewer Lining Project, Project No. 06-1-04: MOTION: Mr. Garrison moved to reject the bid received for the 2006 Sewer Lining Project,Project No. 06-1-04 and, further, authorize staff to re-bid the project. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. Award 2006 Miscellaneous Traffic Signal Improvements, Project No. 06-4-01: MOTION: Mr. Garrison moved to award the low bid for the 2006 Miscellaneous Traffic Signal Improvements, Project No. 06-4-01, to Sierra Electric for the total amount of $92,710.00 and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. Award 66th Place Sewer and Water Line Project, Project Nos. 06-1-03 and 06-2-01: MOTION: Mr. Watkins moved to award the low bid for the 66th Place Sewer& Water Line Project, Project Nos. 06-1-03 and 06-2-01 to Goodman &Mehlenbacher, Ent., Inc. for the amount of$76,896.42 including sales tax and, further, authorize the Mayor to sign 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 5, 2006 the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. ADJOURNMENT: . There being no further business, the meeting was adjourned at 8:18 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Webster U. Jackson, City Clerk PASSED and APPROVED this 19th day of June, 2006. 4 CITY OF PASCO Council Meeting of: June 19,2006 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We, the un rsi ned,do hereby certify under penalty of perjury that the materials have been furnished,the services re de ed o e labor rformed as described herein and that the claim is a just, due and npaid obligation a inst e city and th we are authorized to authenticate and certify to id clai s Gary Cr ch . I , Ci Manage James W. Chas ance 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 4560 and 4563 in the amount of$42,362.52, have been authorized;that Check No.$ 155086 through 155351 are approved for payment in the amount of$2,486,360.56,for a combined total of$2,528,723.08 on this 19th day of June,2006. Councilmember Councilmember SUMMARY OF CLAIMSWRE TRANSFERS BY FUND: GENERAL FUND: Legislative 240.00 Judicial 16,821.83 Executive 228.10 Police 21,275.50. Fire 6,245.74 Administration&Community Services 64,304.95 Community Development 46,290.40 Engineering 18,096.06 Non-Departmental 32,131.19 Library 1,419.37 TOTAL GENERAL FUND: 207,053.14 STREET 1,037,951.52 C. D. BLOCK GRANT 29,466.06 KING COMMUNITY CENTER 1,962.89 AMBULANCE SERVICE 1,896.43 CEMETERY 13,843.26 ATHLETIC PROGRAMS 468.98 SENIOR CENTER 2,343.43 MULTI MODAL FACILITY 3,194.94 RIVERSHORE TRAIL&MARINA MAIN 0.00 LITTER CONTROL 2,028.16 REVOLVING ABATEMENT 2,986.99 PARKS FUND 0.00 TRAC DEVELOPMENT&OPERATING 57,388.73 STADIUM/CONVENTION CENTER 9,145.02 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 15,083.29 METRO DRUG FORFEITURE FUND 305.08 GENERAL CONSTRUCTION 32,921,47 WATER/SEWER 802,648.90 EQUIPMENT RENTAL-OPERATING 26,779.90 EQUIPMENT RENTAL-REPLACEMENT 0.00 MEDICAL/DENTAL INSURANCE 42,588.27 CENTRAL STORES 159.23 PUBLIC FACILITIES DIST 150.00 PAYROLL CLEARING 37,950.86 LID CONSTRUCTION 200,406.53 GRAND TOTAL ALL FUNDS: $ 2,528,723.08 3(b).1 AGENDA REPORT FOR: City Council DATE: 06/14/2006 TO: Gary Crutch 1 anager REGULAR: 06/19/2006 Stan Strebel,A strative&Community Services Director FROM: Jim Chas i anager SUBJECT: BAD DE W TE-OFF'S/COLLECTION. 1. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing, ambulance and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$272,837.61, and,of that amount,authorize$207,156.61 be turned over for collection. III. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address, or are accounts in"occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE -These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. 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 $ 65,681.00 54,752.61 120,433.61 Court A/R $ .00 150,769.00 150,769.00 Liens $ .00 1,635.00 1,635.00 TOTAL: $ 65,681.00 207,156.61 272,837.61 IV. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT FOR: City Council June 7, 2006 TO: Gary Crutch tdrnir Manager Workshop Mtg.: 6/12/06 Regular Mtg.: 6119106 FROM: Stan Strebeland Community Services Dir SUBJECT: Renewal of Contract for Prosecutor Services I. REFERENCE(S): A. Proposed Contract II: ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/12: Discussion 6/19: MOTION: I move to approve the renewal contract for Prosecutorial Services with Terry M. Tanner and Raymond G. Hui and, further, authorize the City Manager to execute the agreement. III. FISCAL IMPACT: $102,000 for June 19, 2006 to June 18, 2007. IV. HISTORY AND FACTS BRIEF: A) The City entered into a two-year agreement in 2002 with the law offices of Terry M. Tanner and Raymond G. Hui for the purpose of providing prosecutorial services for the City of Pasco. The agreement was renewed in 2004. A proposed two-year agreement is attached to this report for council consideration. The proposed agreement is similar to the current one except as follows: 1) The proposed annual compensation for the first year is $102,000 as opposed to $96,000 under the current agreement and rises by an additional $3,000 in the second year. 2) The payment for appeals is increased from $500 per case to $600 per case; however, identified are some types of appeals for which the Prosecutors will not be paid, such as "reconsiderations" at the trial court level and filing of motions to "dismiss for want of prosecution". 3) Duties of the Prosecutors are modified slightly under paragraph 1. A, to include more specificity on police training and counsel in 1 B, to include a prosecutor court schedule which is newly attached as Exhibit"A". 4) Finally, the agreement provides new language under 1. E with specific City approval required for prosecutor implemented alternate dispositions involving charitable contributions. The proposed contract will provide complete prosecutorial services with coverage utilizing at least two qualified attorneys. B) The contract has worked well for the City over the last four years. Staff recommends approval of the renewal. 3(c) Agreement for Prosecutorial Services THIS AGREEMENT is entered into by and between the CITY OF PASCO, hereinafter referred to as "Pasco', and TERRY M. TANNER and RAYMOND HUI, hereinafter referred to as "Prosecutors", for the purpose of providing prosecutorial services for the City of Pasco. I. Prosecutors shall: A. Provide complete municipal misdemeanor, gross misdemeanor, and civil infraction prosecutions for all cases filed in the Pasco Municipal Court and other related services including: 1. Arraignment Docket representation 2. Incarceration Docket representation 3. Negotiation and resolution of fines and forfeiture 4. Bench Trials and hearings 5. Pre-trial hearings 6. Jury Trials and Trial Readiness Hearings 7. Post-trial motions and hearings 8. Appeals 9. Police Department day to day counsel and training as needed. (Prosecutors will e-mail the Police Chief and Patrol Captain with any concerns relating to police duties or functions. The Patrol Captain or Police Chief shall contact the Prosecutors if they would like to meet to discuss these concerns or provide training to the police department.) 10. Response to criminal-related questions from the public that cannot be answered by administrative staff; B. Be prompt in attendance for all required dockets, hearings and trials as outlined on the attached "Exhibit A", "Pasco Municipal Court Prosecutor Schedule". Such schedule may be changed from time to time to meet the needs of the Court upon mutual agreement of the parties. C. Designate a contact who shall be responsible for: 1. Complaint review and response 2. Review and evaluation of quality of service 3. Periodic reports to the City administration; D. Personally provide the prosecution services and divide the representation to ensure full-time coverage as well as substitute, conflict, and additionally required coverage to allow multiple actions to proceed when necessary. In the event Prosecutors wish to hire additional attorneys other than the signators to this Agreement to perform services, Prosecutors shall obtain advance approval from Pasco. This provision shall not apply in the event of unforseen circumstances where Prosecutors are temporarily unable to perform. Prosecutors shall be responsible for assuring that qualified attorneys are present in Court at all times necessary; and E. Use established practices and policies to recommend utilization of alternatives to incarceration as appropriate. Such alternatives shall include but not be limited to electronic home monitoring, work crew, etc. Prosecutors shall obtain Pasco's approval prior to implementing any program for alternate dispositions involving charitable contributions. F. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court and shall complete seven hours of continuing legal education within each calendar year in courses relating to prosecution. 2. Pasco shall: A. Maintain a City Prosecutor's Office with office space available for the prosecutor at least ten hours per week, B. Employ a full-time Legal Assistant on-site at the City Prosecutor's Office providing: I. Case management and file maintenance 2. Subpoena issuance and return of service 3. Witness contact 4. Docket preparation. C. Employ a part-time clerical assistant for correspondence and document preparation. D. Pay all subpoena and service costs and costs of required reports for prosecution. E. Pay to the Prosecutors the sum of Eight-Thousand Five Hundred Dollars ($8,500) per month for the first year and Eight-Thousand Seven Hundred and Fifty Dollars ($8,750) per month for the second year. Payments shall be due on or before the l 0th day following each calendar month. Payments shall be prorated for partial months. In addition, Prosecutors shall be paid the sum of Six Hundred Dollars ($600) for each case appealed (except for any case noted for reconsideration at the trial court level). However, if a court of appeals grants the Prosecutor's motion to dismiss for"Want of Prosecution", then there shall be no charge to the City for the appeal. Prosecutors shall provide an invoice to Pasco upon completion of any appeal work. 3. Term. The term of this Agreement shall be for two (2) years, beginning June 19, 2006, and ending June 18, 2008. Either party may terminate this Agreement after one (1) year upon sixty (60) days written notice, 4. Caseload. In the event the workload (as indicated by number of case filings and number of represented cases) exceeds the prior year's workload by fifteen percent (15%) or more, Prosecutors may request additional compensation. If no agreement is reached concerning said additional compensation, Prosecutors may terminate this Agreement upon ninety (90) days written notice. 5. Independent contractors. Prosecutors shall be independent contractors and not employees of Pasco. 6. Insurance and Indemnification. During the term of this Agreement, the Prosecutors shall maintain errors and omissions insurance coverage and shall include anyone else acting for or on behalf of the Prosecutors in the performance of this Agreement as an additional named insured on any such policy. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Washington, and shall have policy limits of Two Hundred Fifty Thousand Dollars ($250,000.00) or more. At the time of commencement of the performance of services hereunder, the Prosecutors shall submit evidence that such insurance is in force and that such insurance will not be canceled without first giving thirty (30) days written notice to the City of Pasco. By: Gary Crutchfield Title: City Manager Date: Terry M. Tanner Date: Raymond Hui Date: "Exhibit A" PASCO MUNICIPAL COURT PROSECUTOR SCHEDULE Monday Tuesday Wednesday Thursday Friday Traffic Pre-Trials In-Custody In-Custody Trial Readiness 8:30 AM. to 8:30 AM to 10:00 AM to 10:00 AM to 9:00 AM to 12:00 NOON 12:00 NOON 12:00 NOON 12:00 NOON 12:00 NOON ODD DAYS (AM) MOTION 9:10 AM to 12:00 NOON EVEN DAYS Pre-Trials Arraiiument Jury-Trials 1:00 PM to 1:30 PM to 9:00 AM to 5:00 PM 5:00 PM 5:00 PM EVEN DAYS (PM) AGENDA REPORT NO. 53 FOR: City Council DATE: 6/14/06 TO: Gary Crutchfie Manager WORKSHOP: Richard J. Smi , Director REGULAR: 6/19/06 Community an Economic Development FROM: David McDonald, City Planner SUBJECT: FINAL PLAT - Loviisa Farms II, Phase 7 (Aho Construction) (MF #FP06-003) I. REFERENCE(S): A. Copy of Final Plat (Council packets only; copy available in Planning Office for public review) B. Vicinity Map I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the final plat for Loviisa Farms II, Phase 7. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a 690 lot preliminary plat for Loviisa Farms Il. Loviisa Farms II is a single family residential development located east of Broadmoor Boulevard and north of the FCID canal. B. The developer is now seeking final plat approval for Phase 7 of the Loviisa Farms Il development. V. DISCUSSION: A. Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the improvements. In this case, the developer has completed part of the improvements (sewer) and has provided the City with a bond in an amount sufficient ($584,289) to cover the costs of the outstanding improvements. B. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition the plat contains the required descriptions, dedications and acknowledgment and approval sections. VI. ADMINISTRATIVE ROUTING: 3(d) VICINITY MAP \ 1CINGSBURY DR [3VOAPMOOp 3 h, F.v. 5&F5 S "�e� L) H�N -vcvFFK I I 5AMPY MICK5 F,V. PAR CHAPEL HILL BLVD OLIVER DR i ___ lid■�Illf�` ANGUS OR • +,`es i � �rIMlR�V PERCHERON DR _ 51 e: fND DR vs -.—.— •`#���R1s11■tom w JERSEY OR 3 -- w lRE OR o MALTESE OR co 0 RYELANO DR 0_ f CIO pm?K mss[w H Y 7 MAg�Y DR J N i S 0 � r O K .... ...................._._.—_ AGENDA REPORT NO. 21 FOR: City Council June 13, 2006 TO: Gary Crutchfie anager Regular Mtg June 19, 2006 Robert J. Alber ,, t4icWorks Director FROM: Doug Bramlette, City Engineer J04& SUBJECT: Accept 2005 Sewer Lining Project#05-1-15 I. REFERENCES 1. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOM�MENDATIONS: 06/19: MOTION: I move to approve Resolution No. accepting the work performed by Gelco Services under contract for the 2005 Sewer Lining Project#05-1-15. III. FISCAL IMPACT: Sewer Fund. IV. HISTORY AND FACTS BRIEF: On September 6, 2005, the City Council awarded the 2005 Sewer Lining Project #05-1-15 to Gelco Services, in the amount of$231,956.94. The final cost of the project was $221,247.94. The work is now complete and staff recommends acceptance of the work. V. ADMINISTRATIVE ROUTING Project File 3(e) RESOLUTION NO. a- A RESOLUTION ACCEPTING WORK PERFORMED BY GELCO SERVICES, UNDER CONTRACT FOR THE 2005 SEWER LINING PROJECT#05-1-15. WHEREAS, the work performed by GELCO SERVICES, under contract for the 2005 Sewer Lining Project # 05-1-15, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by GELCO SERVICES, under contract for the 2005 Sewer Lining Project # 05-1-15, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 19th day of June, 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 49 FOR: City Council DATE: 6/ 14/05 TO: Gary Crutchfie it Manager WORKSHOP: Richard J. Smit , it ctor REGULAR: 6/19/06 Community an Economic Develo ment FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION- Chestnut Ave Between "A" Street and "B" Street (MF #VAC06-011) I. REFERENCE(SI: A. Proposed Resolution and Vicinity Map B. Vacation Petition II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No.d-1403 fixing 7:00 PM, July 17, 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. The owners of property fronting on Chestnut Avenue between "A" Street and "B' Street have submitted a petition requesting vacation of that portion of Chestnut Avenue adjacent their property. The major property owner, Northwest Agricultural Products, is in the process of building a new warehouse and is seeking the vacation to consolidate property parcels. 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 July 17, 2006. V. DISCUSSION: NONE VI. ADMINISTRATIVE ROUTING: 3(f) RESOLUTION NO. �3 A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF CHESTNUT AVENUE WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating Chestnut Avenue between East "A" Street and East "B" Street, will be held before the City Council of the City of Pasco in the Council Chambers of the City Hall, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on the 17`h day of July, 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 19th day of June, 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney i VICINITY MAP STREET PROPOSED FOR VACATION 1�l W. "A" ST 2 F �D z � w E. "B STREET v� Q a E. "C" STREET 1 FEE $200 MASTER FILE # 1L ob -- U l 4 DATE SUBMITTED: CITY OF PASCO STREET J ALLEY VACATION PETITION 1, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the fallowing described street/alley rights-of-way: _please see .below APPLICANT: PROPERTY OWNED (Legal Description) Print Name: David W. Berpovin LooLs 5 to 8 Block 2. Owens Additions Sign Name: Lots 3 and 4 Block 2, Owens Additions Address: hestnut Pa co 930Pts 1 and 2 Block 2, Owens Additions Phone # 509-547-8234 Date 05/24/06 Print Name: David W. Bergevin Lots 9, 10, 11, 12 Block 2 Owens Sign Name: Addition ate 05/24/06 Print Name: W.A. Morgan of 830 S. Chestnut Lots 13,14 ,15 .and 16 Block 2 Sign Name: �tv Owens Addition Date 0'5/24%06 Street of Chestnut between the streets of A and B, a light industrial section of the Owens Addition for the purpose of safety, security and compliance to the various sections of the Security Vulnerbility Assessment program dictated by HomeLand Security. Secondly, it has been brought to our attention by City Planning that the Closure of the street would keep NAP in compliance to city ordinances due to trucks parking in the street to be loaded and unloaded, therefore, . causing possible infractions. 0 AGENDA REPORT NO. 54 FOR: City Council DATE: 6/14/06 TO: Gary Crutchfie anager V, WORKSHOP: Richard J. Smi it tar REGULAR: 6/ 19/06 Community an Economic Development FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION- Portions of E. George St. 8v E. Adelia St. (MF #VAC-06-012) I. REFERENCE(SI: A. Proposed Resolution and Vicinity Map B. Vacation Petition II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No , fixing 7:00 PM, July 17, 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. La Clinica submitted a petition requesting the vacation of those portions of East George Street and East Adelia Street abutting Block 4, of AM Wehe's Whitehouse Addition. La Clinica is in the process of developing homes on the west half of the block. 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 July 17, 2006. V. DISCUSSION: NONE VI. ADMINISTRATIVE ROUTING: 3(9) RESOLUTION NO. �P A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF EAST GEORGE STREET AND A PORTION OF EAST ADELIA 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 northl0 feet of East George Street and the South 10 feet of East Adelia Street adjacent Block 4, A.M. Wehe's Addition, 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 17th day of July, 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 19th day of June, 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney II I VICINITY MAP STREET VACATION t Highland -- Park -- O -W 1 t to be �= VACATED E. ADELIA ST w -� I4 t x w w w � W vj a E. GEORGE ST r z z �d w 0 � z a � E. ALVINA ST T FEE $200 MASTER FILE # V.AC-ob-O)'L DATE SUBMITTED: hLot> 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: Ve7w�I�C��n �F 1� T air r°��UhT Q�u� �- ()IF ��feets c��j APPLICANT: C..ory'mu-r-�r t N i t ` OPERTY OWNED Descri Description) Le al { g p � ) Print Name: Sign Name: Address: Phone # S43 I�i7�, Date 0 U� � �5 t�H�TE t_()T5 4 To Print Name: Sign Name: Date Print Name: Sign Name: Date GENERAL FUND OPERATING STATEMENT THROUGH MAY 2006 CASH BASIS YTD % OF YTD TOTAL % OF 2006 2006 ANNUAL 2005 2005 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 2,112,599 4,800,000 44.0% 2,258,939 4,212,869 53.6% SALES 3,200,072 7,000,000 45.7% 2,976,013 7,722,083 38.5% UTILITY 2,940,881 6,025,000 48.8% 2,659,402 6,131,347 43.4% OTHER 390,290 880,000 44.4% 450,593 982,566 45.9% LICENSES& PERMITS 1,087,571 935,450 116.3% 1,159,471 2,326,524 49.8% INTERGOV'TREVENUE 297,459 989,000 30.1% 247,921 1,194,619 20.8% CHARGES FOR SERVICES 1,136,434 2,459,010 46.2% 887,912 2,461,477 36.1% FINES& FORFEITS 290,198 702,400 41.3% 305,776 709,212 43.1% MISC. REVENUE 363,525 681,250 53.4% 241,589 853,129 28.3% OTHER FIN. SOURCES 15,625 145,500 10.7% 60,143 358,399 16.8% TOTAL REVENUES 11,834,654 24,617,610 48.1% 11,247,759 26,952,225 41.7% BEGINNING CASH BALANCE 6,498,810 6,000,000 5,444,071 5,444,071 TOTAL SOURCES 18,333,464 30,617,610 59.9% 16,691,830 32,396,296 51.5% EXPENDITURES: CITY COUNCIL 44,965 105,675 42.6% 33,047 84,832 39.0% MUNICIPAL COURT 360,132 939,585 38.3% 302,179 825,946 36.6% CITY MANAGER 245,066 550,445 44.5% 223,807 543,616 41.2% POLICE 3,164,772 8,436,478 37.5% 3,233,149 8,144,023 39.7% FIRE 1,708,072 3,189,935 53.5% 1,093,495 2,784,368 39.3% ADMIN &COMMUNITY SVCS 1,658,859 4,225,735 39.3% 1,556,665 4,322,890 36.0% COMMUNITY DEVELOPMENT 514,147 1,019,480 50.4% 412,913 1,169,229 35.3% ENGINEERING 441,392 1,093,585 40.4% 417,685 1,054,272 39.6% MISC. NON-DEPARTMENT 1,681,412 6,843,599 24.6% 1,617,673 6,103,388 26.5% LIBRARY 388,364 945,900 41.1% 357,389 864,922 41.3% TOTAL EXPENDITURES 10,207,181 27,350,417 37.3% 9,248,002 25,897,486 35.7% ENDING FUND BALANCE 3,267,193 6,498,810 TOTALS 30,617,610 32,396,296 AVAILABLE CASH BALANCE 8,126,283 7,443,828 PERCENTAGE OF BUDGET ALLOCATED FOR 5 MONTHS 41.7% • Authorized but non-budget expenditures of $222,500 (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. 5(b) AGENDA REPORT NO. 55 FOR: City Council DATE: 6/14/06 TO: Gary Crutchfiel Manager WORKSHOP: 4 Richard J. Smit irector REGULAR: 6/19/06 Community an Economic Development FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION- A Portion of East Clark Street (MF #VAC-06- 006) I. REFERENCE(S): A. Proposed Ordinance and Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION: I move to adopt Ordinance No. , vacating a portion of East Clark Street and, further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Property owners abutting the south side of East Clark Street submitted a petition requesting vacation of a portion of East Clark Street. The property owners have no plans to develop their property other than to install a fence. B. June 19, 2006 was set as the date to conduct a public hearing on the vacation petition. V. DISCUSSION: The Franklin County PUD, Cascade Natural Gas and Qwest Telephone have no services in the impacted right-of-way. The City Engineer has no objection to the vacation. VI. ADMINISTRATIVE ROUTING: 7(a) ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF EAST CLARK STREET. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the south 10 feet of East Clark Street from the east right-of-way line of North Oregon Avenue to the west right-of-way line of North Franklin Avenue, excluding alleys as depicted in Exhibit "1" be and the same is hereby vacated. Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco;this 19`h day of June, 2006. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney VICINITX MAP Street Vacation N d AREA P E. ALVINA -- VACATED i z a x z - va � � z 0 W AGENDA REPORT NO. 20 FOR: City Council DATE: 06/07/06 TO: Gary Crutchfi Manager Workshop: 06/12/06 Regular: 06/19/06 FROM: Robert J. Albe ctor of Public Works Doug Bramlette, ity Engineer Pp SUBJECT: Six-Year Transportation Improvement Plan 2006 - 2011 1. REFERENCE(S): 1. Proposed Plan 2. Resolution 3. Map II. ACTION REOUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 06112: Discussion 06/19: Conduct Public Hearing MOTION: I move to approve Resolution No. thereby adopting the City's Six-Year Transportation Improvement Plan for 2007 through 2012. III. FISCAL IMPACT: None IV. HISTORY AND BRIEF FACTS: Each year, all Cities and Counties in the State are required to adopt an updated Six- Year Transportation Improvement Plan specifically for federal and state funded projects. For the City of Pasco, this plan has consisted of all projects including the annual overlays, street widening, and signal projects which are within the City limits. Larger projects such as the Lewis Street Overpass also have been shown. The proposed six-year program represents those projects that are anticipated to be needed within six years. Several projects will need to be coordinated with utility projects which could change the actual timing of the projects. Although this process of adopting a six-year plan is a state. requirement, the Council will again review the projects in the Six-Year C.I.P. process and the budgeting process. While the worksheets presented by staff include a potential funding source, many of the projects listed will be dependent upon available funding and/or local improvement districts. In addition, Staff will be pursuing available grants from the various funding programs. It is staff's desire to present this program to the public at a public hearing on June 19, 2006, and request that the Council adopt the plan by resolution. t V. ADMINISTRATIVE ROUTING: Project File 7(b) 0 o O ° o O O N O N ( 0 0 N O N N Q D 73 0. 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WHEREAS, RCW 35.77.010 provides for annual revision and extension of the Comprehensive Street Program of each city and town, after holding public hearings thereon; and WHEREAS, it is now time to revise and extend the Comprehensive Street, Storm Drain and Bridge Programs; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: That the City Council of the City of Pasco hereby adopts the revision and extension of the Comprehensive Street, Storm Drain and Bridge Programs for the ensuing six years as attached hereto and labeled "Six-Year Transportation Improvement Plan 2007 - 2012" incorporated by this reference as though fully set forth herein; and That the Comprehensive Street, Storm Drain and Bridge Programs shall be filed with the Benton-Franklin Regional Council and the State of Washington. PASSED by the City Council and APPROVED by the Mayor this 19th Day of June 2006. Joyce Olson, Mayor ATTEST: Sandy Kenworthy Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney AGENDA REPORT TO: City Council June 14, 2006 FROM: Gary Crutch anager Regular Mtg.: 6/19/06 SUBJECT: Fireworks Viol tions I. REFERENCE(S): 1. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/19 MOTION: I move to adopt Ordinance No. , making the possession and use of fireworks a civil infraction and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The City Council adopted a ban on the possession and use of fireworks in the City of Pasco approximately 15 years ago. At that time, the Ordinance declaring a ban also made a violation of the ban punishable as a criminal misdemeanor. B) In response to recent citizen complaint, the city attorney and Police Chief have advised that action by a police officer is more likely to occur if the violation is classified as a civil infraction, rather than a criminal misdemeanor. As a misdemeanor, it is difficult to successfully prosecute without a police officer witnessing the violation, due to the "beyond a reasonable doubt" standard; as a civil infraction, the testimony of the witness and reasonable evidence at the scene may be sufficient to meet the civil infraction standard of"a preponderance of the evidence." C) At the June 12 Workshop meeting, the City Council generally discussed the merits of changing the penalty to a civil infraction and concluded that Council should consider formal action at its June 19 meeting. V. DISCUSSION: A) The proposed ordinance will simply convert the criminal misdemeanor to a civil infraction. The maximum penalty of $250 is the same as currently prescribed for violation of the noise ordinance. B) If Council desires to make the change, action should occur at the June 19 meeting, as the ordinance will not be effective until five days after publication; thus, adoption on June 19 should permit publication by June 23 and be effective on June 28 (one week prior to the holiday). 8a ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Designating the Possession and Use of Fireworks as a Civil Infraction Amending Section 16.40.110 and Section 16.40.180 WHEREAS, the City of Pasco has, pursuant to State law (RCW 70.77.250), previously banned the sale, possession and discharge of consumer fireworks within the City which had, heretofore, constituted a gross misdemeanor; and WHEREAS, to facilitate the more efficient enforcement of this ban, it has been determined that violations should be designated as a civil infraction, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 16.40.110 entitled "Substitution for Section 3305.1 of the IFC" of the Pasco Municipal Code shall be and hereby is amended and shall read as follow: 16.40.110 SUBSTITUTION FOR SECTION 3305.1 OF THE IFC. Section 3305.1 of the .International Fire Code is omitted and the following shall be substituted in its place: Section 3305.1 Manufacture. Sale and Discharge of Fireworks. (1) The manufacture of fireworks is prohibited within the City and all districts, except by special permit, and only in I-1 (light industrial) and I-2 (heavy industrial). (2) Except as herein provided, it is unlawful for any person to possess, store, offer for sale, expose for sale, sell at retail, or use, or explode, fire, or discharge any fireworks. Violation of this subsection shall constitute a civil infraction punishable by a civil penalty not to exceed Two Hundred and Fifty Dollars($250.00) for each violation. EXCEPTION: (a) The use of fireworks by railroads or other transportation agencies for signaling or illumination. (b) The sale or use of blank cartridges for theatrics, signaling or ceremonial purposes. (c) The use of fireworks by the United States Armed Forces. (3) The Fire Chief is authorized to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks. Applicants shall meet all Ordinance Amending Section 16.40.110 and Section 16.40.180 -1 qualifications and requirements of State law regarding public display of fireworks and all fire and safety requirements as set forth here in the standards for public display. Every operator shall have first obtained a state license pursuant to RCW 70.77.300. The display shall be of such character and so located, discharged or fired that, after proper inspection, shall not be hazardous to property or endanger any person. (Ord. 3670 Sec. 12, 2004; Ord. 3316 Sec. 14, 1998.) Section 2. That Section 16.40.180 entitled "Violations - Penalties" of the Pasco Municipal Code shall be and hereby is amended and shall read as follow: 16.40.180 VIOLATIONS PENALITIES. Except as specifically provided within this Chapter, Aany person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a gross misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than one year, or by both such fine and imprisonment. (Ord. 3316 Sec. 14, 1998.) Section 3. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of 32006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: i Webster U. Jackson Leland B. Kerr City Clerk City Attorney Ordinance Amending Section 16.40.110 and Section 16.40.180 -2 AGENDA REPORT NO. 22 FOR: City Council June 15, 2006 TO: Gary Crutchfi 9Pub Manager Regular Mtg: June 19, 2006 Robert J. Albe s, is Works Director FROM: Doug Bramlette, City Engineer SUBJECT: Award Lewis Street/"A" Street Connector; Project# 06-3-06 I. REFERENCE(S): 1, Vicinity Map 2. Bid Summary II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: A ONS: F 6/19: MOTION: I move to award the low bid for the Lewis Street/"A" Street Connector, Project # 06-3-06 to Transtate Paving Company for the total amount of$459,035.80 and, further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: On June 14, 2006, staff received three bids for the Lewis Street/"A" Street Connector, Project # 06-3-06. The low bid was received from Transtate Paving ,Company, for the total amount of $459,035.80. The second lowest bid received was from Inland Asphalt and is for the total amount of$532,252.05. The highest bid was received from A & B Asphalt, and the bid total was for $617,642.48. The Engineer's Estimate for the project is $554,103.68. The 2006 budget for the project is $600,000.00. The project includes the reconstruction of 2,500 linear feet of full width roadway, and realignment of the East Lewis Street and East Lewis Place intersection. Staff believes that the three bids received represent a fair bidding climate, and the bid received from Transtate Paving represents a fair bid. Staff recommends award of this contract to Transtate Paving Company. V. ADMINISTRATIVE ROUTING Project File 10(a) f-- z ., V1 llrl'm� +iii `MAY�IV ZAV MA _ 1 t �t "r I t ....... f f I t 1 t:. r 1 yyy AA 89 GVOH wJ + � •..,, ,,{�.�, n�" 1-- � j jam. j - ,�/. �t'.,.- Q� t OC _.L..-- ..-.. _ City of Pasco LEWIS STREET/"A" STREET CONNECTOR Project No. 06-3-06 June 14, 2006 BID SUMMARY Total i Engineer's Estimate $554,103.68 1. Transtate Paving Company $459,035.80 2. Inland Asphalt Company $532,252.05 3. A & B Asphalt $617,642.48