HomeMy WebLinkAbout2006.10.02 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. October 2, 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 September 18,2006.
(b) Bills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
I. To approve General Claims in the amount of$1,159,224.11 ($104,354.34 in the form of Wire
Transfer Nos. 4611 and 4613 and, $1,054,869.77 consisting of Claim Warrants numbered
156847 through 157125).
2. To approve Payroll Claims in the amount of $2,233,246:67, Voucher Nos. 35219 through
35446;and EFT Deposit Nos. 30012393 through 30013119.
(c) Tri-City Regional Centers:
1. Agenda Report from Richard J. Smith, Community& Economic Development Director dated
September 20,2006.
2. Professional Services Agreement with E.D. Hovee&Company,LLC with Proposed Scope of
Work.
To approve the contract for professional services with E.D. Hovee & Company, LLC for the
study of Tri-City Regional Centers and, further, authorize the Mayor to sign the contract
documents.
*(d) Final Plat—Village at Pasco Heights,Phase 7(R.C.Olin)(MF#FP-06-004):
1. Agenda Report from David I. McDonald, City Planner dated September 27,2006. .
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 the Village at Pasco Heights,Phase 7.
(e) Resolution No. 2985, a Resolution of the City of Pasco, Washington, providing for the
construction and assessment of sidewalk, curb and gutter improvements on North 4` Avenue,
providing in part assessment of the costs of such improvements; and setting a public hearing.
1. Agenda Report from Richard J. Smith, Community&Economic Development Director dated
September 21,2006.
2. Vicinity Map.
3. Proposed Resolution..
To approve Resolution No. 2985, declaring the need for sidewalks on North 4'" Avenue, the
intent to assess a portion of the cost thereof against the abutting property and fixing 7:00 p.m.,
November 6, 2006 as the time and date for a public hearing to consider these proposed
requirements.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following
Pasco residents have been invited to attend the Council meeting to receive Certificates of
Appreciation from Mayor Joyce Olson for"Yard of the Month,"September 2006.
1. Ken and Zandra Allen, 804 Arbutus Court
2. Randy and Karla Peterson,407 Road 39
3. Peter and Mary Lee Kovich,4602 Yuma Drive
4. Ron and Julianne Westenberg, 9908 Chelan Court
Regular Meeting 2 October 2, 2006
(b) "Business of the Month Appearance Award." (NO WRITTEN MATERIAL ON AGENDA)
The following Pasco business has been invited to attend the Council meeting to receive a
Certificate of Appreciation from Mayor Joyce Olson for `Business of the Month Appearance
Award" for September 2006,
1. Parr Lumber, 2105 N. Commercial Avenue
5. VISITORS- OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers.
(b)
(c)
7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(a) Street Vacation — Portions of East Spokane Street and North Front Avenue (MF #VAC-06-
015).
1. Agenda Report from David I. McDonald, City Planner dated September 26, 2006.
2. Proposed Ordinance and Vicinity Map.
CONDUCT PUBLIC HEARING
Ordinance No. , an Ordinance vacating a portion of East Spokane Street and a portion
of North Front Avenue.
MOTION: I move to adopt Ordinance No. , vacating portions of East Spokane Street and
North Front Avenue and, further,to authorize publication by summary only.
(b) Street Vacation— Portion of North Montana Street(MF#VAC-06-016).
1. Agenda Report from David I. McDonald, City Planner dated September 21, 2006.
2. Proposed Ordinance and Vicinity Map.
CONDUCT PUBLIC HEARING
Ordinance No. ,an Ordinance vacating a portion of North Montana Street.
MOTION: I move to adopt Ordinance No. , vacating a portion of North Montana Street
and, further, to authorize publication by summary only.
(c) Utility Local Improvement District(ULID) No. 143.
1. Agenda Report from Doyle Heath, Utility Engineer dated September 29, 2006.
2. Vicinity Map.
3. Ordinance.
CONDUCT PUBLIC HEARING
Ordinance No. , an Ordinance relating to the waterworks utility of the City, including
the sanitary sewerage system and the system of storm or surface water sewers as a part thereof,
authorizing water and sewer revenue bonds and interim financing to pay the cost of carrying out a
portion of the system or plan of additions to and betterments and extensions of the waterworks
utility; and creating Utility Local Improvement District No. 143.
MOTION: I move to adopt Ordinance No. creating Utility Local Improvement
District No. 143.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
(a) Resolution No. , a Resolution approving the Capital Improvement Plan for Calendar
Years 2007-2012.
1. Agenda Report from Gary Crutchfield, City Manager dated September 29, 2006.
2. Proposed Resolution.
MOTION: I move to approve Resolution No. adopting the .Capital Improvement
Plan for fiscal years 2007-2012.
9. UNFINISHED BUSINESS:
(None)
Regular Meeting 3 October 2,2006
10. NEW BUSINESS:
(a) Ambulance and Emergency Medical Services Rate Study:
1. Agenda Report from Jim Chase,Finance Manager dated Septerriber 21,2006.
2. Report from HDR Engineering, Inc., Cost of Service Study for Ambulance and Emergency
Medical Services. (Council packets only; copy available in Finance Manager's office for
public review.)
MOTION: I move to direct staff to prepare an ordinance to implement the ambulance utility to
be effective in January 2007.
(b) Legislative Consultant Services Agreement:
1. Agenda Report from Gary Crutchfield,City Manager dated September 22,2006.
2. Proposed Agreement.
MOTION: I move to approve the agreement with Smith Alling Lane for legislative consultant
services and, further,authorize the City Manager to sign the agreement.
11. MISCELLANEOUS DISCUSSION:
(a)
(h)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
MF# "Master File#...:.
Q Quasi-Judicial Matter
REMINDERS:
I. 1:30 p.m., Monday, October 2, KGH — Emergency, Medical Services Board Meeting.
(COUNCILMEMBER TOM LARSEN,Rep.;JOE JACKSON,Alt.)
2. 12:00 p.m., Wednesday, October 4, 1135 E. Hillsboro Street, #B — Franklin County Mosquito Control
District Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.;JOE JACKSON,Alt.)
3. 5:30 p.m., Thursday, October 5, Parks & Rec. Classroom—Parks & Recreation Advisory Council Board
Meeting. (COUNCILMEMBER REBECCA FRANCIK,Rep.;MIKE GARRISON,Alt.)
I
II
MINUTES
REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 18, 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, Joyce Olson, and Matt Watkins. Tom Larsen arrived at 7:03 p.m.
Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strebel, Administrative & Community Services Director; Richard Smith, Community &
Economic Dev. Director; Bob Alberts, Public Works Director; David McDonald, City
Planner; Denis Austin, Police Chief; Greg Garcia, Fire Chief; Cruz Gonzalez, Urban
Development Coordinator and Denise Mellene, Communication Specialist.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated September 5, 2006.
(b) Bills and Communications:
To approve General Claims in the amount of$2,500,267.07 ($103,054.97 in the form of
Wire Transfer Nos. 4599, 4606 and 4608 and, $2,397,212.10 consisting of Claim
Warrants numbered 156692 through 156846).
To approve bad debt write-offs for utility billing, ambulance, miscellaneous, cemetery,
code enforcement and Municipal Court non-criminal, criminal and parking accounts
receivable in the total amount of$267,059.57 and, of that amount, authorize $192,856.34
be turned over for collection.
(c) Appointments to Regional Hotel/Motel Commission:
To appoint Hermann Haastrup (Pasco Red Lion) to a two-year term on the Tri-Cities
Regional. Hotel/Motel Commission; term to expire 8/30/08.
(d) Lodging Tax Advisory Committee Appointments:
To confirm the Mayor's appointment of the following individuals to the 2006 Lodging
Tax Advisory Committee: Hotel Representatives: Michelle Olivas, Red Lion and Allison
White, Sleep Inn; User Representatives: Carl Leth, Pasco Chamber of Commerce and
Dorothy Schoeppach, Pasco Downtown Development Association; City Council: Mike
Garrison.
(e) Reject Bids for the Vehicle Storage Building:
To reject all bids received for the construction of the Vehicle Storage Building.
(f) Resolution No. 2980, a Resolution of the City of Pasco, Washington,
regarding public records requests and adopting the Washington State Attorney
General's Model Rules.
To approve Resolution No. 2980, regarding public records requests and adopting the
Washington State Attorney General's Model Rules.
(g) Resolution No. 2981, a Resolution allocating estimated 2007 Federal HOME
Funds.
1 3{a}.1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 18, 2006
To approve Resolution No. 2981, allocating 2007 HOME Funds.
(h) Resolution No. 2982, a Resolution approving the Program Year 2007
Community Development Block Grant Allocations and Annual Work Plan.
To approve Resolution No. 2982, regarding the City's 2007 CDBG Allocations and
Annual Work Plan.
(i) Resolution No. 2983, a Resolution supporting efforts made to determine the
potential of Hanford facilities to support the Global Nuclear Energy Partnership.
To approve Resolution No. 2983, endorsing the TRIDEC proposal in relation to the
Global Nuclear Energy Partnership.
(j) Resolution No. 2984, a Resolution accepting work performed by Ray Poland
and Sons, Inc., under contract for the Butterfield Water Treatment Plant Raw
Water Intake Piping Project No. 04-2-13.
To approve Resolution No. 2984, accepting the work performed by Ray Poland and Sons,
Inc., under contract for the Butterfield Water Treatment Plant Raw Water Intake Piping,
Project No. 04-2-13.
MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Ms. Francik
seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mayor Olson spoke at the American Legion Post#34, honoring the survivors of the
Bataan Death March, attended the Chamber of Commerce Installation Banquet and the
Ainsworth Overpass Ribbon Cutting Ceremony.
Mr. Garrison and Mr. Hoffman also attended the Ainsworth Overpass Ribbon Cutting
Ceremony.
Ms. Francik attended the Freight Mobility Strategic Investment Board meeting, toured
the Railex facility and attended the WWII Mukden Survivors Reunion Banquet at the
Red Lion Hotel on Saturday, September 16'h.
Mr. Larsen attended the Benton-Franklin Council of Governments Board Meeting,
PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
Annexation Area #20 (MF #ANX06-002).
Mr. David McDonald, City Planner, explained the details of the proposed
annexation.
Council and Staff discussed details of the proposed annexation,
MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE
ANNEXATION.
Mr. Thomas Kidwell, 4320 Riverhaven, spoke in support of the annexation.
FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST, MAYOR OLSON
DECLARED THE PUBLIC HEARING CLOSED.
Ordinance No. 3788, an Ordinance relating to annexation and annexing certain real
property to the City of Pasco.
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 18, 2006
MOTION: Mr. Garrison moved to adopt Ordinance No.3788, annexing certain real
property to the City of Pasco and, further, to authorize publication by summary only. Mr.
Jackson seconded. Motion carried. No—Watkins. r
Ordinance No. 3789, an Ordinance assigning zoning to certain real property within
the City of Pasco.
MOTION: Mr. Garrison moved to adopt Ordinance No. 3789, establishing zoning for
Annexation Area#20 and, further, to authorize publication by summary only. Mr.
Jackson seconded. Motion carried. No—Larsen.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Ordinance No. 3790, an Ordinance of the City of Pasco,Washington, enacting a new
Sign Code; and repealing the existing Sign Code consisting of Chapter 17.02, 17.04,
17.08, 17.10, 17.12, 17.14, 17.16, 17.20, 17.24, 17.28, 1.7.32, 17.36, 17.40, 17.44, 17.46,
17.48, 17.52, 17.56 and 17.60.
MOTION: Mr. Garrison moved to adopt Ordinance No. 3790, repealing Pasco
Municipal Code Title 17 and enacting a new Title 17 dealing with signs and, further, to
authorize publication by summary only. Mr. Jackson seconded. Motion carried. No—
Larsen.
Ordinance No. 3791, an Ordinance of the City of Pasco, Washington, amending
Section 10.56.040 entitled "Parking Prohibited During Certain Hours on Certain
Streets" and PMC 10.56.090 entitled "Schedule IV—Parking Prohibited During
Certain Hours on Certain Streets" prohibiting parking on East Lewis Place during
certain hours on Saturdays and Sundays.
MOTION: Mr. Watkins moved to adopt Ordinance No. 3791, amending PMC Sections
10.56.040 and 10.56.090 to restrict parking on East Lewis Place and, further, authorize
publication by summary only. Mr. Jackson seconded. Motion carried.
NEW BUSINESS:
Kurtzman Park Upgrades and Sun Willows Portable Restroom Project:
MOTION: Mr. Watkins moved to award the contract for the Kurtzman Park
Upgrades/Sun Willows Portable Restroom Project to the low bidder, Tenant Contractors,
Inc., in the amount of$111,496.91, including sales tax for the base bid and Alternates #1
and#2 and, further, authorize the City Manager to sign the contract documents. Mr.
Jackson seconded. Motion carried by the following Roll Call vote. Yes—Watkins, Olson,
Francik, Hoffmann, Garrison. No— Larsen.
Franklin County Economic Development Grant Agreement:
MOTION: Mr. Watkins moved to approve the Interlocal Agreement with Franklin
County for receipt of economic development funds and, further, authorize the Mayor to
sign the agreement. Mr. Jackson seconded. Motion carried.
MISCELLANEOUS DISCUSSION:
Mr. Watkins noted he likes the color of the water towers and has received reports of
increased water pressure from Desert Plateau residents.
Mr. Hoffmann related his experience with the city installing a backflow prevention
device on his irrigation system.
EXECUTIVE SESSION:
3
MINUTES
REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 18,2006
Council adjourned to Executive Session at 7:45 p.m. for approximately 30 minutes to
discuss litigation or potential litigation with legal counsel.
Mayor Olson called the meeting back to order at 8:10 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:10 p.m.
APPROVED: ATTEST:
Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk
PASSED and APPROVED this 2nd day of October, 2006.
I
4
CITY OF PASCO
Council Meeting of:
October 2, 2006
Accounts Payable Approved
The City Council
City of Pasco, Franklin County,Washington
We,the un r gned, reby certify under penalty of perjury that the materials have been furnished,the
services r d red the lab performed as described herein and that the claim is a just, due and unpaid
obligation in the city an that we are authorized to authenticate a 'fy to i aim.
Gary Cr chfie , Man r James W hase, 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 4611 and 4613 in the amount of$104,354.34, have been authorized;that Check No.s 156847 through
157125 are approved for payment in the amount of$1,054,869.77,for a combined total of$1,159,224.11 on this
2nd day of October,2046.
Councilmember Councilmember
SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 0.00
Judicial 5,496.14
Executive 2,322.46
Police 158,816.05
Fire 7,757.72
Administration & Community Services 73,518.08
Community Development 38,848.56
Engineering 11,150.20
Non-Departmental 103,042.27
Library 77,195.95
TOTAL GENERAL FUND: 478,147.43
STREET 52,718.31
C. D. BLOCK GRANT 61,232.11
KING COMMUNITY CENTER 1,281.20
AMBULANCE SERVICE 12,791.46
CEMETERY 5,930.39
ATHLETIC PROGRAMS 2,153.00
SENIOR CENTER 3,542.65
MULTI MODAL FACILITY 2,182.00
RIVERSHORE TRAIL& MARINA MAIN 786.59
LITTER CONTROL 0,00
REVOLVING ABATEMENT 1,995.65
PARKS FUND 0.00
TRAC DEVELOPMENT 37,790.25
STADIUM/CONVENTION CENTER 1,018.50
SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00
METRO DRUG TASK FORCE 10,582.53
METRO DRUG FORFEITURE FUND 2,121.16
GENERAL CONSTRUCTION 100,252.98
WATER/SEWER 197,832.32
EQUIPMENT RENTAL-OPERATING 30,257.70
EQUIPMENT RENTAL- REPLACEMENT 0.00
MEDICAUDENTAL INSURANCE 104,555.34
CENTRAL STORES 736.20
FIRE PENSIONS 7,752.99
PAYROLL CLEARING 43,352.93
LID CONSTRUCTION 210.42
GRAND TOTAL ALL FUNDS: $ 1,159,224.11
3(b).1
CITY OF PASCO
Council Meeting of:
Payroll Approval October 2, 2006
The City Council
City of Pasco
Franklin County,Washington
The folio ng is summa. ayroll claims against the City of Pasco for the month of
September 2 6 which are p sent e herewith for your review and approval.
Ga c fiel , City 7nager James W.�ase, Finance Manager
i
We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County,
Washington,do hereby certify that the services represented by the below expenditures have been received
and that payroll voucher No's. 35219 through 35446 and EFT deposit No's. 30012393 through 30413119
and City contributions in the aggregate amount of$2,233,246.67 are approved for payment on this
2nd day of October 2006.
Councilmember Councilmember
SUMMARY OF PAYROLL BY FUND
GENERAL FUND:
Legislative $ 9,076.75
Judicial 70,020.90
Executive 56,945.76
Police 631,348.23
Fire 352,467.44
Administrative&Community Services 346,712.43
Community Development 83,580.43
Engineering 125,897.21
TOTAL GENERAL FUND 1,676,049.15
CITY STREET 53,976.46
BLOCK GRANT 17,326.40
MARTIN LUTHER KING CENTER 6,740.65
AMBULANCE SERVICE FUND 144,198.18
CEMETERY 5,866.05
ATHLETIC FUND 832.26
SENIOR CENTER 14,972.58
STADIUM OPERATIONS 0.00
MULTI-MODAL FACILITY 174.18
BOAT BASIN 133.24
REVOLVING ABATEMENT FUND 0.00
TASK FORCE 11,806.60
WATERISEWER 270,251.62
EQUIPMENT RENTAL-OPERATING 30,919.30
GRAND TOTAL ALL FUNDS $ 2,233,246.67
Payroll Summary
Net Payroll 1,313,739.45
Employee Deductions 558,200.73
Gross Payroll 1,871,940.18
City of Pasco Contributions 361,306.49
Total Payroll $ 2,233,246.67
3(b).2
------------------_
AGENDA REPORT NO. 87
FOR: City Council n Date: September 20, 2006
TO: Gary Crutchfi y Manager Workshop: 9/25/06
Regular: 10/2/06
FROM: Richard J. Smi h,Vrector
Community & Economic Development
SUBJECT: Tri-City Regional Centers
I. REFERENCES
A. Professional Services Agreement with E.D. Hovee & Company, LLC
with Proposed Scope of Work.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
9/25/06: DISCUSSION
MOTION: I move to approve the contract for professional services with
E.D. Hovee & Company, LLC for the study of Tri-City
Regional Centers.
III. FISCAL IMPACT
$42,500 to be shared on an equal basis with the Cities of Kennewick and
Richland.
IV. HISTORY AND FACTS BRIEF:
A. In May 2006, the Cities of Kennewick, Richland and Pasco entered
into an Inter-Local Agreement for the Joint Planning of Regional
Centers. Examples of possible regional centers include an aquatic
center and performing arts center.
B. The purpose of the Inter-local is to prepare a "Regional Centers
Plan" identifying and prioritizing the need for one or more regional
centers. The Plan will also establish a process to evaluate possible
sites and recommend the most effective organizational structure
and process by which to accomplish the capital funding,
operations, maintenance and ownership of such new regional
centers.
C. Each of the Cities agreed to contribute up to $15,000 each to pay
for consulting services needed for the preparation of this Plan.
Each City appointed two council members and their City Manager
to an "Oversight Committee" which would provide direction to the
consultant.
D. The City of Pasco has been designated as the Contracting Agent
who will enter into an Agreement with the consultant on behalf of
all three cities.
E. An RFP for consulting services was issued and members of the
Oversight Committee interviewed the consultants on September 6,
2006. The decision was made to retain E.D. Hovee & Company of
Vancouver, Washington.
V. DISCUSSION:
A. A standard City of Pasco Professional Services Agreement with
Hovee is attached.
B. Compensation is not to exceed $42,500. Payments will be made in
three installments upon the basis of tasks completed.
C. All work is to be completed by January 31, 2007. 3(c)
Exhibit A
PROFESSIONAL SERVICES AGREEMENT
REGARDING
POTENTIAL TRI-CITY REGIONAL CENTERS
THIS AGREEMENT, made and entered into between the City of Pasco, acting as the
contracting agent pursuant to an Inter-local Agreement with Kennewick.and Richland for the
joint planning of regional centers, hereinafter referred to as the "City", and E.D. Hovee &
Company, LLC, hereinafter referred to as the "Consultant".
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide professional services with respect to potential Tri-City Regional
Centers.
NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and
between the parties hereto as follows:
1. Scoue of work. The scope of work shall include all services and material necessary
to accomplish the objectives in accordance with the August 14, 2006 proposal, "Study of
Potential Regional Centers" which is attached hereto and made a part of this Agreement
(Attachment B).
2. _Ownership and use of documents. All research, tests, surveys, preliminary data
and any and all other work product prepared or gathered by the Consultant in preparation for the
services rendered by the Consultant shall not be considered public records, provided, however,
that:
A. All final reports, presentations and testimony prepared by the Consultant
shall become the property of the City upon their presentation to and acceptance by the City and
shall at that date become public records.
B. The City shall have the right, upon reasonable request, to inspect, review
and, subject to the approval of the Consultant, copy any work product.
C. In the event that the Consultant shall default on this Agreement, or in the
event that this contract shall be terminated prior to its completion as herein provided, the work
product of the Consultant, along with a summary of work done to date of default or termination,
shall become the property of the City and tender of the work product and summary shall be a
prerequisite to final payment under this contract. The summary of work done shall be prepared
at no additional cost, if the contract is terminated through default by the contractor. If the
contract is terminated through convenience by the City, the City agrees to pay contractor for the
preparation of the summary of work done.
3. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, travel expenses, and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be on a
satisfactory completion of work basis as set forth on the fee schedule found in Exhibit A,
provided, in no event shall the payment for all work performed pursuant to this Agreement
exceed the sum of$42,500.
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 monthly during the
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process.
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period.of three (3) years after final
payment. Copies shall be made available upon request.
4. .Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly and complete all tasks by not later than January 31, 2007.
5. Hold harmless agreement. In performing the work under this contract, the
Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter
individually and collectively referred to as "Indemnitees"), from all suits, claims, demands,
actions or proceedings, and.to the extent permissible by law, indemnify and hold harmless the
Indemnitees from
A. all damages or liability of any character including in part costs, expenses
and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person
or organization for whom the Consultant may be responsible, and arising out of the performance
of professional-services under this Agreement; and
B. all liability, loss, damage, claims, demands, costs and expenses of
whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be
based upon, any act, omission, or occurrence of the Consultant or any person or organization for
whom the Consultant may be responsible, arising out of, in connection with, resulting from or
causee by the performance or failure of performance of any work or services other than
professional services under this Agreement, or from conditions created by the Consultant
performance or non-performance of said work or service, regardless of whether or not caused in
part by the party indemnified hereunder..
6. 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.
7. 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.
E.D. Hovee 2
Potential Tri-Cities Regional Centers
8. 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.
9. 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.
10. Integration. The Agreement between the parties shall consist of this document and
the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the
parties and shall not be amended except by a writing executed by both parties. In the event of
any conflict between this written Agreement and any provision of Attachment A,this Agreement
shall control.
11. 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.
12. Non-assignable. The services to be provided by the contractor shall not be
assigned or subcontracted without the express written consent of the City.
13. 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.
14. 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's fees and costs.
15. Notices. Notices to the City of Pasco shall be sent to the following address:
Community&Economic Development Dept
City of Pasco
PO Box 293
Pasco, WA 99301
Attn: Rick Smith
E.D. Hovee 3
Potential Tri-Cities Regional Centers
Notices to the Consultant shall be sent to the following address:
Eric D. Hovee, Principal
E.D. Hovee& Company,LLC
2408 Main Street
PO Box 225
Vancouver, WA 98666
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:
Its
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Sandy Kenworthy, Deputy City Clerk Leland B Kerr, City Attorney
E.D. Hovee 4
Potential Tri-Cities Regional Centers
Attachment A
PROFESSIONAL SERVICES AGREEMENT
REGARDING
POTENTIAL TRI-CITIES REGIONAL CENTERS
Payment shall be made, as follows,upon the satisfactory completion of deliverables due at the
completion of identified tasks.
Task Completed Payment Due
Task I $t 3,000
Task 3 14,000
Task 4 15,500
TOTAL $42,500
i
E.D. Hovee 5
Potential Tri-Cities Regional Centers
Attachment B
OBJECTIVES & SCOPE OF WORK
REGARDING
POTENTIAL TRI-CITIES REGIONAL CENTERS
OBJECTIVES
1. Identification of potential "regional center" projects together with an
assessment of the community need for each of the identified projects.
2. Recommendation of alternative processes the cities could use to select
potential physical sites best suited to each project.
3. Analysis of alternative organizational structures and the necessary
processes that would be used to effectively accomplish capital funding,
operations, maintenance and ownership of the identified projects,
considering other possible appropriate mechanisms beyond the use of
Public Facilities Districts, including municipal inter-local agreements, new
taxing districts and the use of existing taxing districts.
4. Assessment of community support for each of the identified potential
projects.
�I
i
E.D. Hovee 6
Potential Tri-Cities Regional Centers
SCOPE OF WORK
Regional Centers Work Task Time Frame Resp.
Task 0.Alignment Meeting
• Meet with the Project Coordinator and Tri-Cities Oversight Committee September,2006 EDH&
to gather additional information,ideas and materials. CMS
• Discuss past local jurisdiction and regional public facility initiatives and
current social-political issues that might impact future regional project
initiatives.
• Review common goals of the local jurisdictions.What do local officials
expect to result from this planning effort?What are the major issues to
be addressed?
• Discuss status and potential success of known"regional center"projects
-the aquatic center,performing arts center,and other potential projects.
• Review the nature,scope and timing of the project,and approve a
schedule of meetings and completion of deliverables.
Discuss the process for community input and support including
identification of the individuals and organizational entities to be
interviewed. Set a preliminary schedule for community outreach
including workshops or meetings to be held as a part of this regional
centers assessment.
• Identify previous studies for regional center facilities that have been
considered,and contacts for stakeholder interviews.
Task 1.Assess Community Needs for Regional Center Projects
• To the degree possible,obtain copies of latest market feasibility studies September-October EDH
and reports with cost and revenue estimates for each project. CrvlH
• Identify known and potential sources of funding suitable to support
capital and operating costs.
• Evaluate the competitive advantage of each project in light of competing
facilities locally and regionally.
• Meet with Cities'staff and review existing City Capital Improvement
Program budgets in order to determine if there are unfunded budget
items for potential projects that might be considered regional center
projects.Determine if there any potential future bonding initiatives for
such projects.
• Determine whether and how each proposed project meets
identified community and regional needs.
• Evaluate the degree to which each project might create new jobs and tax
base for participating local jurisdictions together with other community
or regional benefits.
• Compare these capital and operating estimates with financial results for
other completed and operating projects regionally and throughout the
Pacific Northwest.
• Update financial projections for potential regional center projects to
present present(2006)timeframe;discuss implications for funding.
E.D. Hovee 7
Potential Tri-Cities Regional Centers
Regional Centers Work Task Time Frame Resp. E
• Identify and evaluate prospective economic and community benefits
associated with each identified facility option.
Deliverable: A short report describing identified community needs,
specific project concepts and available information regarding known and
potential project fiinding sources,and anticipated economic benefits of
the project options considered.
Task 2.Assess Alternative Processes the Three Communities Could Use to
Identify Regional Projects and Sites
• Compile a preliminary list of potential sites that might be considered for October-November EDH&
regional center projects under consideration. CMS
• Identify project and siting criteria, including parking and transportation
infrastructure required, recommended as a basis to evaluate future
project/site proposals.
• Outline mechanisms and requirements for site proposals regarding
project submittal.
• Establish a recommended time schedule and process for site/proposal
submittal and oversight evaluation.
Deliverable: Memorandum outlining processes considered and
recommendations for regional center project/site selection.
Task 3. Evaluate Alternative Organizational Structures and Processes
Available to Accomplish Capital Funding, Operations,Maintenance and
Ownership of Any New Regional Centers
• Review organizational structures for existing Tri-Cities area PFDs, November-December EDH
including their potential to assume additional projects and identification
of what has worked well and lessons learned.
• Identify and prepare 3-5 case studies for similar facilities developed
elsewhere in Washington State.
• Review any recent legislative or legal actions that impact the use of tax
increment or redevelopment financing in Washington State.
• Identify and discuss other organizational approaches that have been used
with similar facilities elsewhere outside the state of Washington.
Deliverable: Memorandum describing alternative organizational
structures and processes,respective advantages and disadvantages,and
related case studies. Meet with Oversight Committee.
Task 4, Assessment of Community Support for Potential Regional Center j
Projects I
• Stakeholder Interviews and/or possible focus groups with: September-October CMS
o City,County and PFD officials.
o Community stakeholders identified by the Oversight
Committee.
o Representatives associated with known potential "regional
center"projects,including supporters of an aquatic center,
performing arts center and others,as identified.
o Officials of local and regional economic development
organizations, including Pasco Chamber of Commerce,Tri-Cityl
E.D. Hovee
8
Potential Tri-Cities Regional Centers
Regional Centers Work Task Time Frame Resp.
Regional Chamber of Commerce,Tri-Cities Visitor and
Convention Bureau,TRIDEC,Columbia Basin College,WSU-
Tri-Cities,port districts,school districts,recreation and park
authorities
o Note: Interviews will be agreed to during initial Alignment
Meeting.
• Community Opinion Survey November B&W
• Random sample telephone survey of Tri-Cities region(target 200
completed responses)possibly supplemented by a targeted web survey.
• Survey questionnaire to be developed in consultation with Oversight
Committee. .
• Facilitated Community Meeting January 2007 B&W with
• Response to identified projects and identification of potential EDH&
additional projects. CMS
• Hispanic/Latino and/or other special population outreach.
• Provide summary descriptions of costs and benefits for each project.
• Based on the information developed to this point,discuss the potential
for collaboration regarding each of the potential projects with regional
economic development groups and the Tri-Cities Oversight Committee.
Recommend future steps to implement recommendations.
Present Final Recommendations to the Tri-Cities Oversight Committee
and others upon recommendation such as the individual City Councils.
Deliverable: Final report providing results of all tasks and recommended
next steps for Regional Center project implementation.
Note �T_ EDH denotes E.D.Hovee&Company,LLC;CMS is C.Mark Smith;and B&W is Barney&
Worth,Inc.This scope of work is subject to refinement as may be mutually agreeable between the
parties.
E.D. Hovee 9
Potential Tri-Cities Regional Centers
AGENDA REPORT NO. 91
FOR: City Council DATE: 9/27/06
TO: Gary Crutchfiel i Manager WORKSHOP:
Richard J. Smi re ` or REGULAR: 10/2/06
Community an Econo is Development
FROM: David McDonald, City Planner
SUBJECT: FINAL PLAT - Village at Pasco Heights, Phase 7 (R.C. Olin) (FP06-
004)
I. REFERENCE(S):
A. Copy of 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 the Village at Pasco
Heights, Phase 7.
III. FISCAL IMPACT: NONE
IV. HISTORY AND FACTS BRIEF:
A. The City Council previously approved a 555 lot preliminary plat for the
Village at Pasco Heights. The Village at Pasco Heights is a single family
residential development located east of Road 60 and north of Burden
Boulevard.
B. The developer is now seeking final plat approval for Phase 7 of this
development.
V. DISCUSSION:
A. Prior to the approval of a final plat, the developer is to either install all
infrastructure or post a bond or other instrument that secures the
financing for the improvements. In this case, the developer has completed
most of the improvements and has provided the City with a bond in an
amount' sufficient ($78,750) 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)'
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AGENDA REPORT NO. 86
FOR: City Council Date: September 21, 2006
TO: Gary Crutch ' , i Manager Workshop: 9/25/06
Regular: 10/2/06
FROM: Richard J. S ith, irector
Community & Economic Development
SUBJECT: North 4th Avenue Corridor Enhancements - Resolution for Sidewalk
Assessment and Preparation of Survey
I. REFERENCE(S):
A. Vicinity Map
B. Proposed Resolution
1I. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
9/25/06: DISCUSSION
10/2/06: MOTION: I move to approve Resolution No.
declaring the need for sidewalks on North 4th Avenue, the
intent to assess a portion of the cost thereof against the
abutting property and fixing 7:00 PM, November 6, 2006 as
the time and date for a public hearing to consider these
proposed requirements.
III. FISCAL IMPACT
Approximately $428,000.
IV. HISTORY AND FACTS BRIEF:
A. The North 4th Avenue corridor between Sylvester Street and the
I-182 Interchange is a major corridor of the community. Portions of
the corridor lack sidewalks, thus, hindering safe pedestrian travel
along the corridor.
B. The City and Chamber of Commerce collaborated several years ago
to identify a "corridor improvement plan." The plan identifies six
major entrance corridors to the city. The North 4th Avenue corridor
is one of those major entranceways. The plan calls for each of the
entranceways to undergo substantial improvements to include
sidewalks, landscaping and street trees. The recommended plan for
North 4th Avenue generally extends the development concept of
sidewalk, grass and street trees utilized on both East and West
Lewis Streets.
C. Conceptual sidewalk and landscape plans were developed and
meetings with adjacent property owners were conducted on
November 22, 2005, December 13, 2005, and April 4, 2006 to
explain both the project and the process to the property owners. The
plans were revised to incorporate many of the comments generated
during these meetings.
D. The City of Pasco has signed right-of-way encroachment agreements
with several property owners to use portions of the right-of-way for
customer parking. These agreements were negotiated with city staff
as a response to pre-existing conditions associated with the
properties and will have minimal impact on the landscape plan.
V. DISCUSSION:
A. As was done for the East and West Lewis Street corridor
enhancement processes, staff recommends that Council again 3(e)
initiate the statutory process which authorizes assessment of
sidewalk costs against adjacent properties. That process requires
approval of a resolution declaring the city's intent to install the
sidewalks and assess all or some portion of the cost against the
adjacent properties. The proposed resolution accomplishes this
intent.
B. During the East and West Lewis Street enhancement projects Legal
counsel advised that the statute requires the Council to hold the
public hearing and make a final determination on whether or not
such improvements will be installed, and if so, how much would be
assessed against adjacent properties prior to commencement of the
work. The proposed resolution fixes November 6, 2006 as the date
for the required hearing. At that time, Council can determine what
portion., if any, should be assessed against the adjacent properties.
Once that conclusion is reached, the construction process may
commence and the final assessment can be prepared. Staff is
recommending the property owner costs be capped at $10 per
linear foot as was done on both East and West Lewis Streets.
C. Staff will take action to notify adjacent property owners and present
the current plan and be available to answer questions at the
workshop.
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Exhibit B
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, PROVIDING FOR
THE CONSTRUCTION AND ASSESSMENT OF SIDEWALK, CURB AND GUTTER
IMPROVEMENTS ON NORTH 4TH AVENUE, PROVIDING IN PART
ASSESSMENT OF THE COSTS OF SUCH IMPROVEMENTS; AND SETTING A
PUBLIC HEARING.
WHEREAS, the City is authorized, pursuant to RCW 35.68.0 10, to construct
and repair sidewalks, curbs, and gutters necessary to provide for the public
safety and conveyance; and
WHEREAS, the City Council has determined the installation of sidewalks on
North 4th Avenue between Sylvester Street and the I-182 interchange is
necessary to provide for the safe passage of pedestrians and motorists on North
4th Avenue; and
WHEREAS, the City has funds available to pay for a portion of the costs
incident to these improvements, however, such funds are insufficient to pay all
of the costs for such improvements; and
WHEREAS, State law allows for the assessment of portions of the cost of such
improvements against the abutting property owners, after public hearing;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, THAT:
(1) That sidewalks, curbs and gutters shall be installed, reconstructed, or
repaired as required to render a safe and functional walkway on both sides of
North 4th Avenue between Sylvester Street and the I-182 interchange within the
City of Pasco, Washington. The cost of such improvements shall be assessed
against the abutting property owners on a linear front foot basis not to exceed
$10.00 per linear foot of sidewalk installed. Any excess cost shall be the
responsibility of the City.
(2) That a Public Hearing shall be held at 7:00 p.m., November 6th, 2006, in the
City Council Chambers at Pasco City Hall, located at 525 North 3rd, Pasco,
Washington, at such time the City Council shall hear persons who appear for
or against the improvements, determine whether it will or will not proceed with
the improvements, and whether it will make any changes to the original plan,
what changes shall be made, and the assumption of the cost of these
improvements.
(3) Notice of this Public Hearing shall be given to each owner or reputed owner
of the abutting property, and published according to law.
PASSED by the City Council of the City of Pasco, Washington, and signed in
authentication of its passage this 2nd day of October, 2006.
Exhibit B
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT NO. 89
l
FOR: City Council DATE: 09/26/06
TO: Gary Crutchfiel Manager WORKSHOP:
Richard J. Smi , i ctor REGULAR: 10/02/06
Community an Economic Development
FROM: David I. McDonald, City Planner
SUBJECT: STREET VACATION- Portions of E. Spokane St. & N. Front Ave.
(MF #VAC-06-015)
I. REFERENCE(Sj
A. Proposed Ordinance and Vicinity Map
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
CONDUCT PUBLIC HEARING:
MOTION: I move to adopt Ordinance No. , vacating portions of E.
Spokane St. and N. Front Ave and, further, to authorize
publication by summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. George and Mary Dress have submitted a petition requesting the
vacation of a portion of East Spokane Street and North Front Avenue
abutting their property. The vacation is being requested to accommodate
industrial development on adjacent properties.
B. October 2, 2006 was the date set to consider the vacation request.
V. DISCUSSION:
The vacation request has been reviewed by Cascade Natural Gas, Qwest,
Franklin County PUD and the City Public Works Department. There are
existing water, sewer and communications facilities within the area to be
vacated.
Utility providers have requested an easement be retained throughout the
vacated area to allow access for maintenance of utilities.
VI. ADMINISTRATIVE ROUTING:
7(a)
WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3"
Pasco, WA 99301
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF EAST SPOKANE STREET
AND A PORTION OF NORTH FRONT AVENUE.
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 East Spokane Street right-of-way from the west right-of-way line
of North Main Avenue to the west right-of-way line of North Front Avenue, and North Front
Avenue from the north right-of-way line of East Spokane Street to the north right-of-way line of
East Shoshone Street is hereby vacated.
Section 2. That the City shall retain an easement and the right to exercise or grant easements
with respect to the vacated right-of-way described in Section 1 above for the construction, repair and
maintenance of public utilities and services.
Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the
City of Pasco in and with the office of the Auditor of Franklin County, Washington.
Section 4. This ordinance shall 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 2nd day of October, 2006.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L.Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
Vicinity Map
Item: Street Vacation
Applicant: George Dress
File #: VAC 06 -015
Ilk
X
Ira
3
vacfit7d
� 2
I
i
_ i
I
City of Pasco
Publish ASAP
Please send 2 Affidavits of Publication
CITY OF PASCO
SUMMARY OF ORDINANCE NO.
ORDINANCE NO. , is an ordinance vacating a portion of East Spokane
Street and a Portion of North Front Avenue.
The full text of Ordinance No. , is available free of charge to any person who
requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293, Pasco,
Washington 99301.
Sandy L. Kenworthy, Deputy City Clerk
AGENDA REPORT NO. 88
FOR: City Council DATE: 09/21/06
TO: Gary Crutch*dEE ty Manager WORKSHOP:
Richard J. S irector �g REGULAR: 10/02/06
Community onomic D evelopment
FROM: David I. McDonald, City Planner
SUBJECT: STREET VACATION- Portion of N. Montana St. (MF #VAC-06-016)
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 N.
Montana Street and, further, to authorize publication by
summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. Ellamae McClelland submitted a petition requesting the vacation of
North Montana Street adjacent her property. The vacation was requested
to eliminate the undevelopable portion of Montana Street between the
McClelland property and Highland Park.
B. October 2, 2006 was the date set to consider the vacation request.
V. DISCUSSION:
The vacation request has been reviewed by Cascade Natural Gas, Qwest,
Franklin County PUD and the City Public Works Department.
No utility providers expressed a need for easements, nor opposition to the
vacation.
VI. ADMINISTRATIVE ROUTING:
7(b)
WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner.
525 North 3rd
Pasco, WA 99301
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF NORTH MONTANA
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 Montana Street right-of-way south of the south line of Broadway
Boulevard and located between tax parcel numbers 112-075-013 and 112-101-010 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 2nd day of October, 2006.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L.Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
City of Pasco
Publish ASAP
Please send 2 Affidavits of Publication
CITY OF PASCO
SUMMARY OF ORDINANCE NO.
ORDINANCE NO. , is an ordinance vacating a portion of North Montana
Street.
The full text of Ordinance No. , is available free of charge to any person who
requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293, Pasco,
Washington 99301.
Sandy L. Kenworthy, Deputy City Clerk
Vicinity Map
Item: Street Vacation
Applicant: McClelland
File #: VAC 06-016
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AGENDA REPORT NO. 25
FOR: City Council September 29, 2006
TO: Gary Crutchfi anager Regular Mtg.: 1012106
Robert J.Albe b1 Works Director
FROM: Doyle L Heath, tility Engineer
SUBJECT: Public Hearing Utility Local Improvement District (ULID) 143
I. REFERENCE(Sl:
1. Vicinity Map
2. Ordinance
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
10/02: CONDUCT PUBLIC HEARING
MOTION: I move to adopt Ordinance No. creating Utility Local Improvement
District.#143.
III. FISCAL IMPACT:
U.L.I.D/Utility Fund
IV. HISTORY AND FACTS BRIEF:
A) Earlier this year, staff notified the 170 property owners. within the proposed ULID
boundary and received written response from 83 (nearly half}. Of those 83 responses, 61
(or three-quarters) favored creation of the ULID. Although the 61 favorable responses
represent only 36% of the total 170 properties, staff believes many of the remaining 87
properties are neutral. Given that three-out-of-four responders favored the ULID, staff
recommends Council approve the ordinance creating the ULID. If 60% (102) of the
properties file written objection to the ULID within 30 days of its passage,the ULID will
automatically dissolve. In essence, the only opportunity for. the 61 property owners to
pursue the ULID,depends on favorable City Council action.
B) The ULID would include installation of the sewer pipelines, a sewer stub to each lot, re-
surfacing the street, and the system fee. Staff anticipates the work would be completed
by September 2007.
C) The estimated cost of the ULID project is $1,530,000; however, in accordance with
Council Resolution No. 2961, the proposed ULID ordinance limits the potential
assessment against benefited properties to $1,360,000 (representing the maximum of
$8,000/lot). The sewer fund will absorb the estimated$170,000 differential.
D) The public hearing is to solicit and hear testimony from those for and against the ULID.
V. DISCUSSION
A) Other factors for Council consideration in this matter include:
• The majority of the homes (and associated drain fields) have existed for at least 20
years;
• Most of the septic drain fields are within a quarter-mile of the Columbia River and
ultimately drain to that body of public water;
• Individual homes are not required by the city to connect to the sewer system until
(and unless)their drain field malfunctions(becomes a health hazard);
• FHA financing may require a seller of a home to connect to the sewer system prior to
FHA financing the purchasers acquisition of the home;
• Upon completion of the project, the city will send each property owner .a final
assessment notice (in this case, not to exceed $8,000) and the owner can pay any
portion (or none) of it at that time; any portion remaining unpaid after 30 days will be
financed by the city at the tax exempt rate (lower than market) over 15 years and the
first payment will be one year after the initial payment opportunity (meaning the first
annual payment under financing will be due at least two years from now).
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PROJECT NAME:
PROJECT NO.: Sewer UUD No. 143 — W. of Road 100
+ PUBLIC WORKS DEPARTMENT — ENGINEERING DIVISION
f DEEM: Dui CITY OF PASCO Mawr . tor 1 .
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APPII: DSH TRANKUN COUNTY MASHMT'ON Cam& 1rM iw��
CITY OF PASCO,WASHINGTON
ORDINANCE NO.
AN ORDINANCE relating to the waterworks utility of the City, including
the sanitary sewerage system and the system of storm or surface water sewers as a
part thereof; authorizing water and sewer revenue bonds and interim financing to
pay the cost of carrying out a portion of the system or plan of additions to and
betterments and extensions of the waterworks utility; and creating Utility Local
Improvement District No. 143.
WHEREAS, the City of Pasco, Washington (the "City"), by Ordinance No. 531, passed
March 7, 1944, provided that the system of sewerage of the City, including all additions, extensions
and betterments thereto, should be operated as a part of and as belonging to the waterworks utility of
the City pursuant to the provisions of Chapter 193 of the Laws of 1941 of the State of Washington
(RCW 35.67.320 et seq.) (the"Waterworks Utility"); and
WHEREAS,by Ordinance No. 3104, passed on August 21, 1995, the City Council adopted
the City of Pasco Comprehensive Plan 1995-2015, including as a part thereof the City of Pasco
Comprehensive Sewer Plan,November 1992(the"Comprehensive Sewer Plan"); and
WHEREAS, by Ordinance No. 3239,passed on June 16, 1997, the City Council specified
and adopted the Comprehensive Sewer Plan as the system or plan relating to sewers for the
Waterworks Utility (the "System or Plan") and declared the estimated cost of the System or Plan to
be $79,125,000; and
WHEREAS, the System or Plan provides in part for the expansion and extension and
improvement of the sewer collection system of the City West of Road 100, as described in
Exhibit A hereto by the construction of sanitary sewer lines, sewer stubs, a street overlay and all
other work necessary for or incidental to the provision of sewer service to those areas (the
"Improvements"); and
WHEREAS, by Resolution No. 2979, adopted September 5, 2006, the City Council
declared its intention to initiate the formation of a utility local improvement district to be known and
designated as Utility Local Improvement District No. 143 (sometimes "the District") of the City for
the construction and installation of the Improvements West of Road 100, and fixed October 2, 2006,
at 7:00 p.m., local time, in the Council Chambers of the City Hall as the time and place for hearing
all matters relating to the Improvements applicable to Utility Local Improvement District No. 143
and for hearing all objections thereto and for determining the method of payment for the
Improvements; and
WHEREAS,the City Engineer caused an estimate to be made of the cost and expense of the
proposed Improvements applicable to Utility Local Improvement District No. 143 and certified that
50732362.1
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estimate to the City Council, together with all papers and information in his possession touching the
proposed Improvements, a description of the boundaries of the utility local improvement district and
a statement of what portion of the cost and expense of the Improvements should be borne by the
property within the proposed district; and
WHEREAS, that estimate is accompanied by a diagram of the proposed Improvements
showing thereon the lots,tracts,parcels of land, and other property which will be specially benefited
by the proposed Improvements and the estimated cost and expense thereof to be borne by each lot,
tract and parcel of land or other property, and
WHEREAS, due notice of the above hearing was given in the manner provided by law, and
the hearing was held by the City Council on the date and at the time above mentioned, and all
objections to the proposed Improvements were duly considered and overruled by the City Council,
and all persons appearing at such hearing and wishing to be heard were heard; and
WHEREAS, the City Council has determined it to be in the best interests of the City that the
Improvements as hereinafter described be carried out and that a utility local improvement district be
created in connection therewith, to include two noncontiguous areas as shown on Exhibit B
attached;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as
follows:
Section 1. The total estimated cost and expense of the Improvements is declared to be, as
nearly as may be, the amount of$1,530,000. No more that $1,360,000 of that cost and expense
shall be borne by and assessed against the property included within proposed ULID No. 143,
which district embraces as nearly as practicable all property specially benefited by such
Improvements. The balance of the estimated cost and expense of the Improvements shall be
borne by the City as provided in Resolution No. 2961, passed June S, 2006. Approximately
$1,360,000 of such estimated cost shall be met and defrayed from the proceeds received from the
issuance and sale of water and sewer revenue bonds of the City in the total amount of approximately
$1,360,000. Such water and sewer revenue bonds shall be supported by assessments to be levied
and assessed against properties specially benefited by the improvements to be included in one or
more utility local improvement districts authorized to be created pursuant to the provisions of RCW
35.43.042.
Section 2. The City shall issue one or more series of water and sewer revenue bonds at such
times as the City Council shall deem advisable. Such revenue bonds shall bear such designation as
the City Council hereafter shall determine; shall be issued in such series; shall be in such form; shall
bear such date or dates and interest rate or rates; shall be payable at such place or places; shall
mature at such time or times; shall have such option or options of prepayment prior to maturity;
shall guarantee such coverage and collection of rates; shall provide for such additional funds and
accounts; and shall contain and be subject to such provisions or covenants as hereafter shall be
provided by ordinance. The bonds shall be sold in such manner as the City Council shall deem to
be in the best interest of the City. The bonds shall be payable from the gross revenues of the
Waterworks Utility and from the receipt of payments of assessments levied in Utility Local
50732364.1
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i
Improvement District No. 143 herein created to support the payment of the bonds herein authorized
to be issued and any parity bonds hereafter issued.
Section 3. In the judgment of the City Council, the gross revenues and benefits to be
derived from the operation and maintenance of the Waterworks Utility and the Improvements herein
provided, at the rates to be charged for utility services famished, will be more than sufficient to
meet all expenses of operation and maintenance thereof, debt service on outstanding Waterworks
Utility obligations and to permit the setting aside into a special fund, out of the gross revenues of the
Waterworks Utility in addition to the special assessments to be levied and collected in Utility Local
Improvement District No. 143 herein created to support the payment of the bonds herein authorized
to be issued, of sufficient amounts to pay the principal of and interest on those bonds.
Section 4. The Finance Manager is authorized and directed to create and establish in his
office a special fund to be known and designated as "Construction Fund - ULID No. 143" (the
"Construction Fund") for the sole purpose of paying the cost of carrying out the Improvements and
of paying the costs and expenses connected therewith and into which fund shall be deposited the
proceeds received from the issuance and sale of the bonds herein authorized to be issued and such
other money as may be available for that purposes. The City, through its proper officers and agents,
shall proceed with the making of those Improvements and the calling of bids therefor in the manner
provided by law. Pending the sale of the bonds herein authorized to be issued, the City may issue
interest-bearing warrants drawn upon the Construction Fund to pay duly authorized and proper costs
incurred in carrying out such Improvements, those warrants to bear such interest as may be agreed
upon between the City and any bank or investment banking firm agreeing to make a market for such
warrants and such warrants to be paid out of the proceeds received from the sale of the bonds herein
authorized to be issued and from any other money available to the City in cash to finance the
Improvements. In the alternative, the City hereafter may provide by ordinance for the issuance of
other short-term obligations pursuant to chapter 39.50 RCW, or authorize interfund loans.
The City Council declares that to the extent, if any, the City prior to the date bonds or
other short-term obligations are issued to finance the Improvements shall make capital
expenditures for the Improvements from funds that are not (and are not reasonably expected to
be) reserved, allocated on a long-terns basis, or otherwise set aside by the City under its existing
and reasonably foreseeable budgetary and financial circumstances to finance the Improvements,
those capital expenditures are intended to be reimbursed out of proceeds of the bonds or other
short-term obligations issued in an amount not to exceed the principal amount provided by this
ordinance.
Money in the Construction Fund shall be invested until needed in any investments permitted
to the City by law, but in no event shall any investment be made in any obligation maturing later
than one year after the investment therein or later than such money is needed for the purpose of the
Construction Fund, whichever is the lesser time, nor shall any investments exceed the applicable
yield limitations imposed by Section 148 of the Internal Revenue Code of 1986, as amended, and
applicable regulations thereunder relating to arbitrage. Income from such investments shall be
deposited in the Construction Fund.
50732364.!
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Section 5. To carry out the Improvements, there is created and established Utility Local
Improvement District No. 143 of the City of Pasco, Washington (the `District"), the boundaries or
territorial extent of which District are more particularly described in Exhibit B attached hereto.
Section 6. The assessments in Utility Improvement District No. 143 shall be for the sole
purpose of payment into the Water and Sewer Revenue and Refunding Bond Redemption Fund,
1991, if water and sewer revenue bonds authorized herein are issued on a parity of lien with the
outstanding bonds payable from such fund or into a special bond redemption fund hereafter created
for the payment of water and sewer revenue bonds to be issued by the City to provide the funds
required to pay the cost and expense of carrying out the Improvements.
Section 7. In accordance with the provisions of RCW 35.44.047, the City may use any
method or combination of methods to compute assessments which may be deemed to more fairly
reflect the special benefits to the properties being assessed than the method provided by RCW
35.44.030, and RCW 35.44.040. It is the City's intention to compute assessments based on a single
sewer service to each property included within the boundaries of the District. If a property included
within the District shall require additional service, that property shall be required to pay prior to any
additional connection a charge in lieu of assessment which shall be at least the equivalent of the
assessment which would have been applied to that property if that property had required the
additional service at the time of confirmation of the final assessment roll for the District.
Section 8. No property, any portion of which is outside the District, may connect to those
Improvements constructed or made a part of the District unless either that property shall have been
subject to the special assessments on the assessment roll for that District or the owners of that
property shall have paid prior to such connection a charge in lieu of assessment which shall be at
least the equivalent of those assessments which would have been applied to that property had it been
included within that District.
Section 9. Within 15 days of the passage of this ordinance there shall be filed with the
Finance Manager of the City the title of the improvement and District number, a copy of the
diagram or print showing the boundaries of the District and the preliminary assessment roll or
abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially
benefited thereby and the estimated cost and expense of such Improvements to be borne by each lot,
tract or parcel of land. The Finance Manager shall immediately post the proposed assessment roll
upon.his index of local improvement assessments against the properties affected by the local
improvement.
50732367.1
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Section 10. This ordinance shall take effect and be in force from and after its passage and
five days following its publication as required by law.
PASSED by the City Council and APPROVED by the Mayor of Pasco, Washington, at a
regular open public meeting thereof this 2"d day of October, 2006.
Joyce Olson, Mayor
ATTEST:
Debbie Clark,City Clerk
APPROVED AS TO FORM:
Leland Kerr, City Attorney
50732364.1
5
EXHIBIT A
Sewer ULID No. 143 West of Road 100
In—From—To Description of the Western Area
In Street From To
Road 109 Court St View Ln
Road 110 Court St View Ln
View Ln Road 108 100-ft East of Road 111
Shady Ln Road 108 100-ft East of Road 111
In—From—To Description of the Eastern Area
In Street From To
Road 101 Court St Willow Way
Road 103 Court St Maple Dr
Road 104 Willow Way 400-ft northeasterly of Maple Dr
Lindemein Ct Argent Rd 215-ft southerly of Argent Rd
Kathemein Ct Argent Rd 220-ft northeasterly of Argent Rd
Judemein Ct Argent Rd 245-ft northeasterly of Argent Rd
Locust Ln Road 100 Road 101
Argent Rd Road 100 270-ft northwesterly of Judemein Ct
Willow Way Road 100 Road 104
Maple Dr Road 100 Road 104
56732364.1
EXHIBIT B
Sewer ULID No. 143 West of Road 100
Legal description of the western area boundary:
Commencing at the northeastern corner of the intersection of Court Street and Road 109; being
in the northeast quarter of the southwest quarter of Section 18, Township 9 North, Range 29
East, W.M. in Franklin County, Pasco, Washington; the western area boundary being entirely in
the Columbia View Subdivision; also being the western corner of Lot 52; also being the True
Point of Beginning; thence northeasterly along the northwestern line of said Lot 52, to the
northern corner of Lot 52, also being the western corner of Lot 48; thence southeasterly along the
southwestern line of Lot 48, to the southern corner of Lot 48; thence northeasterly along the
eastern line of Lots 48, 47 and 46, to the eastern corner of Lot 46; thence northwesterly along the
northeastern line of Lot 46, to the northern corner of Lot 46, also being the western corner of Lot
45; thence northeasterly along the northwestern line of Lot 45, to the northern corner of Lot 45;
thence southeasterly along the northeastern line of Lot 45, to the northeastern corner of Lot 45,
also being on the westerly right-of-way line of Road 108; thence northerly along the western
right-of-way line of Road 108, crossing View Lane and continuing along the eastern line of Lots
16 and 15, and continuing northerly crossing Shady Lane and the eastern line of Lot 9, to the
northeastern corner of Lot 9; thence northwesterly along the northeastern line of Lots 9, 8, 7 and
6, to the northern corner of Lot 6; thence southwesterly along the northwestern line of Lot 6,
continuing across Shady Lane and then along the northwestern line of Lots 11 and 21, continuing
the same line across View Lane to a point on the southern right-of-way line of View Lane, also
being a point on the northeastern line of Lot 23; thence southeasterly along the northeastern line
of Lot 23, to the eastern corner of Lot 23, also being the northern corner of Lot 33; thence
southwesterly along the northwestern line of Lots 33, 32, 31 and 30, to the western corner of Lot
30; thence southeasterly along the southeastern line of Lot 30, to the southern corner of Lot 30,
also being the eastern corner of Lot 29; thence southwesterly along the southeastern line of Lot
29, to the southern corner of Lot 29, also being on the northeastern night-of-way line of Court
Street; thence southeasterly along the northeastern right-of-way line of Court Street crossing
Road 110 to the western corner of Lot 38; thence northeasterly along the northwestern line of Lot
38, to the northern corner of Lot 38, also being the western corner of Lot 37; thence
southeasterly along the southwestern line of Lots 37 and 41, to the southern corner of Lot 41,
also being the eastern corner of Lot 40; thence southwesterly along the southeastern line of Lot
40, to the southern corner of Lot 40, also being on the northeastern right-of-way line of Court
Street; thence southeasterly along the northeastern right-of-way line of Court Street crossing
Road 109 to the western corner of Lot 52, also being the True Point of Beginning.
50732364.1
Exhibit B (Con't.)
Sewer ULID No. 143 West of Road 100
Legal description of the eastern area boundary:
Commencing at the intersection of Court Street and Road 103 (the right-of-way of Court Street is
30-feet to the southwest of centerline and 40-feet to the northeast of centerline); thence
northeasterly along the centerline of Road 103 a distance of 40-feet to the northeastern right-of-
way line of Court Street; thence northwesterly along the northeastern right-of-way line of Court
Street a distance of 132.01-feet (plus of minus) to the western corner of Lot 57, Wilson's
Addition; the western area boundary being in the east half of Section 18, Township 9 North,
Range 29 East, and the northeast quarter of the northeast quarter of Section 19, Township 9
North, Range 29 East, W.M. in Franklin County, Pasco, Washington; also being the True Point
of Beginning;
Thence southeasterly along the northeastern right-of-way line of Court Street; also being the
southwestern line of said Lot 57, Wilson's Addition; continuing along the projection of said line
across Road 103 and the southwestern line of Lot 56, Wilson's Addition, to the southern corner
of Lot 56, Wilson's Addition; thence northeasterly along the southeastern line of Lot 56,
Wilson's Addition, to the eastern corner of Lot 56, also being the southern corner of Lot 25, also
being the western corner of Lot 26, all of Wilson's Addition; thence southeasterly along the
southwestern line of Lots 26, 27, 28, 29, 30, 31, 32, 34 and 35, said Wilson's Addition, to the
southern cornier of Lot 35, Wilson's Addition, also being along the northwestern line of Lot 43,
Wilson's Addition; thence southwesterly along the northwestern line of Lots 43 and 44, Wilson's
Addition, to the western corner of Lot 44, Wilson's Addition; also being the northeasterly right-
of-way line of Court Street; thence southeasterly along the southwestern line of Lot 44, Wilson's
Addition, and along the projection of said line across Road 101, and along the southwestern line
of Block 1, Lot 8, Peppermint Terrace First Addition, to the southern corner of Block 1, Lot 8,
Peppermint Terrace First Addition; thence northeasterly along the southeastern line of Block 1,
Lot 8, Peppermint Terrace First Addition, to the eastern corner of Block 1, Lot 8, Peppermint
Terrace First Addition; also being the southern corner of Block 1, Lot 9, Peppermint Terrace
First Addition; also being the western corner of Block 1, Lot 10, Peppermint Terrace First
Addition; thence southeasterly along the southwestern line of Block 1, Lots 10, 11,12, 13, 14, 15
and 16, Peppermint Terrace First Addition, to the southern corner of Block 1, Lot 16, Peppermint
Terrace First Addition; also being the western right-of way line of Road 100; thence northerly
along the eastern line of Block 1, Lot 16, Peppermint Terrace First Addition, and along the
projection of said line across Locust Lane, and along the eastern line of Block 2, Lots 1 and 11,
Peppermint Terrace First Addition, and along the projection of said line across Argent Road, and
along the eastern line of Block 3, Lots 1 and 5, Peppermint Terrace First Addition, and along the
projection of said line across Willow Way, and along the eastern line of Block 4, Lot 1,
Peppermint Terrace First Addition, and along the eastern line of Lots 1 and 2, Peppermint
Terrace Second Addition, and the eastern line of that portion of Lot 21, Peppermint Terrace
Second Addition, lying easterly of the extension of the western line of Lot 2, Peppermint Terrace
Second Addition; also being the western right-of-way line of Road 100; thence southwesterly,
50732364.1
i
leaving the right-of-way of Road 100, along the southwestern line of that portion of Lot 21,
Peppermint Terrace Second Addition, lying easterly of the extension of the western line of Lot 2,
Peppermint Terrace Second Addition, to the northern corner of Lot 2, Peppermint Terrace
Second Addition; also being the eastern corner of Lot 3, Peppermint Terrace Second Addition;
thence northwesterly along the northeastern line of Lots 3, 4 and 5, Peppermint Terrace Second
Addition, to the northern corner of Lot 5, Peppermint Terrace Second Addition; also being the
eastern corner of Lot 6, Peppermint Terrace Second Addition, and the southern corner of Lot 19,
Peppermint Terrace Second Addition;thence northeasterly along the southeastern line of Lot 19,
Peppermint Terrace Second Addition, to the southeastern corner of Lot 19, Peppermint Terrace
Second Addition; also being the western right-of-way of Road 100; thence northerly along the
eastern line of Lot 19, Peppermint Terrace Second Addition, and along the projection of said line
across Maple Drive and the eastern line of Lots 21 and 20, Peppermint Terrace Third Addition,
to the northeastern corner of Lot 20, Peppermint Terrace Third Addition; thence northeasterly
along the northeastern line of Lots 20, 19, 18, 17, 16, 15, 14, 13, 12 and 11, Peppermint Terrace
Third Addition, to the northern corner of Lot 11, Peppermint Terrace Third Addition; thence
along the projection of said line a distance of 60-feet to a point on the northwestern right-of-way
line of Road 104; also being a point on the southeastern line of the Wilson Meadows
Subdivision; thence southwesterly along the northwestern right-of-way line of Road 104, and
along the projection of said line across Maple Drive and further crossing Willow Way to the
northern corner of Lot 1, Wilson's Addition; thence southwesterly along the northwestern line of
Lot 1, Wilson's Addition, to the western corner of Lot 1, Wilson's Addition; thence
southeasterly along the southwestern line of Lot 1, Wilson's Addition,to the point of intersection
with the northern corner of Lot 15, Wilson's Addition; thence southwesterly along the
northwestern line of Lots 15 and 16, Wilson's Addition; thence northwesterly along the
projection of the southwestern line of Lot 16, Wilson's Addition, to a point being the projection
of the northwestern line of Lot 18, Wilson's Addition,across Argent Road;thence southwesterly
along said projected line across Argent Road, and the northwestern line of Lot 18, Wilson's
Addition, to the western corner of Lot 18, Wilson's Addition; thence southeasterly along the
southwestern line of Lots 18, 19, 20, 21, 22 and 23, Wilson's Addition, to the southern corner of
Lot 2'), Wilson's Addition; also being the western corner of Lot 24, Wilson's Addition, and the
northern corner of Lot 57, Wilson's Addition; thence southwesterly along the northwestern line
of Lot 57, Wilson's Addition,to the western corner of Lot 57, Wilson's Addition; also being the
True Point of Beginning.
50732364.1
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby
certify as follows:
1 The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct
copy of the Ordinance duly passed at a regular meeting of the City Council of the City held at the
regular meeting place thereof on October 2, 2006, as that Ordinance appears on the minute book
of the City; and
2. A quorum of the members of the City Council was present throughout the meeting
and a majority of those members present voted in the proper manner for the adoption of the
Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd October, 2006.
Debbie Clark, City Clerk
50732364.1
AGENDA REPORT
TO: City Council September 29,2006
FROM: Gary Crutch Manager Regular Mtg.: 10/2/06
SUBJECT: Capital Impro ement Plan
I. REFERENCE(S):
1. Proposed Resolution.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
10/2: MOTION: I move to approve Resolution No. adopting the Capital
Improvement Plan for fiscal years 2007-2012.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS:
A) The annual Capital Improvement Plan for 2007-2012 was presented to the City
Council for discussion at the August 14, 2006 Workshop meeting with no
substantive changes identified at that time.
V. DISCUSSION:
A) Staff recommends Council identify any substantive changes it desires and schedule
formal Council approval of the Capital Improvement Plan at the October 2 Business
meeting, so the Capital Improvement Plan is in place while preparing the annual
budget in October.
B) The following changes have been made or recommended:
• Staff has already replaced the Road 88 Sewer Extension project with the Road
84/Argent Road Sewer Pump Station project, .reflecting a reduction of $1.2
million in sewer fund expenditures in 2007.
• In view of Council's discussion about the Richardson Pool/Spray Ground project
at the September 25 Workshop, staff recommends that project be pulled from the
plan (for lack of consensus). If so, staff will interpret Council's action as a
request for further information regarding the options associated with the. two
existing neighborhood pools (to be addressed in early 2007).
8(a)
i
RESOLUTION NO.
A RESOLUTION Approving the Capital Improvement Plan for Calendar Years 2007-
2012.
WHEREAS, staff has prepared the Capital Improvement Plan which defines the capital
projects proposed to be undertaken by the City over the ensuing six years; and
WHEREAS, on August 14 and September 25, 2006 the Capital Improvement Plan was
presented to the City Council for review and prioritization;NOW, THEREFORE,
THE CITY COUNCIL OF THE' CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. That the Pasco City Council hereby approves the Capital Improvement Plan
for calendar years 2007-2012 as the City's list of capital projects proposed to be undertaken by
the City over the coming six years, with the understanding that implementation of any project
listed in the Capital Improvement Plan is subject to budget appropriation.
PASSED by the City Council of the City of Pasco at its regular meeting this 2nd day of
October,2006.
Joyce Olson
Mayor .
ATTEST: APPROVED AS TO FORM:
Sandy Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT
FOR: City Council September 21, 2006
TO: Gary Crutchf 4mtiative anager Workshop Mtg.: 9/25/06
Stan Strebel, &Community Services Director
Regular Mtg.: 10/2/06
FROM: Jim Chase,Finance Manager
SUBJECT: Ambulance and Emergency Medical Services Rate Study
1. REFERENCE(S):
A) Report from HDR Engineering, Inc., Cost of Service Study for Ambulance and
Emergency Medical Services. (Council packets only; copy available in Finance
Manager's office for public review)
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
9/25 Discussion
10/02 MOTION: I move to direct staff to prepare an ordinance to implement the
ambulance utility to be effective in January 2007.
III. FISCAL IMPACT:
The Monthly Utility Fee would provide approximately $487,000 of revenue to the
Ambulance Service Fund. The General Fund would be required to continue provide at
least $420,000 of funding to the Ambulance Service Fund. The transport fees are set to
provide the remaining revenue to continue to operate the fund on a break even basis.
IV. HISTORY AND FACTS BRIEF:
A) The city historically funded ambulance service through the imposition of a
modest monthly household "excise tax" applied to all residences and business at
an equal rate. In a 2004 decision, the Washington State Supreme Court barred
cities from charging an ambulance utility "household" tax as a means to fund
ambulance and emergency medical services as the court determined this tax
exceeded the entities taxing authority. In response to the Court's ruling, the State
Legislature, in 2005, passed legislation giving cities the authority to charge
transport fees and a monthly utility service fee but requiring cities to complete a
"cost of service" study, similar to what may be done for establishing water or
sewer rates, before implementing those fees for ambulance services. That new
legislation is contained in RCW 35.21.766.
B) As establishing an ambulance utility rate structure under the new state law may
provide the best alternative for funding this important service, staff employed
HDR Engineering, (HDR) a company with experience in preparing utility cost of
service studies,to complete a cost of service study as required by the RCW.
V. ADDITIONAL DISCUSSION
A) Are the proposed rates acceptable? The study proposes a monthly utility service
fee of$3.00. The proposed transport fees of$660 for residents and $990 for non-
residents are less than the current rates of$950 and $1,140. The Non-transport
Medical Service rate would remain at $200 and the Mileage rate would also
remain at $9 per mile from the pick-up location to the hospital.
B) Under the proposed rates, the City will continue to bill the patient's insurance
company and Medicare and Medicaid, and will continue to collect any allowable
unpaid remaining amount owed from the patient.
14(a)
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C) When the household excise tax was in place prior to 2005, the amounts owing to
the City, after the insurance companies and Medicare paid their portions, was
reduced to zero by a"tax credit"given per the PMC. Beginning in 2005 staff was .
directed to cease offering the credit and bill the patient the allowable remaining
amount owing. If it is council's desire to once again offer a no dollars out-of-
pocket service to residents, additional revenue would need to be provided to the
utility. This could come from an additional General Fund transfer, an increase in
the monthly fee or an increase in the transport rates. In 2003 and 2004 those
credits amounted to $54,708 and $68,767 respectively. An alternative would be
to offer a hardship allowance to those without insurance or those with a limited
ability to pay. Staff could provide an application with certain income verification
criteria. The annual allowance could be in the $40,000 to $60,000 range.
D) The Cost of Service study identifies 2 options. Option A reflects the costs of
service between Resident and Non-resident. Option B allocates costs between
types of calls or various classes of services. Since the study revealed only slight
differences between the various classes of service, Option A, charging separate
transport fees to residents and non-residents and charging a monthly service fee to
residents, would appear to be the least complicated and straightforward method to
use.
E) Staff assumes the monthly service fee would be charged to each utility account
location, in the same manner as it had been done previously.
F) Staff needs direction on when would be a proper time to implement new rates and
fees.
VI. OTHER COMMENTS
Tom Gould has prepared and provided numerous water and sewer utility rate analysis for
the City in the past. Current utility rates were set as a result of his former employer
Economics and Engineering Services, Inc. (EES) recommendations. EES has since
merged with HDR and Mr. Gould, now Vice President with HDR,will be on hand to give
a presentation and answer questions (workshop meeting).
AGENDA REPORT
TO: City Council September 22, 2006
FROM: Gary Crutchfi it Manager Workshop Mtg.: 9/25/06
Regular Mtg.: 10/2/06
SUBJECT: Legislative Consultant Services Agreement
I. REFERENCES.):
1. Proposed Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
9125: Discussion
10/2: MOTION: I move to approve the agreement with Smith Alling Lane for legislative
consultant services and, further, authorize the City Manager to sign the
agreement.
III. FISCAL IMPACT:
$16,000; General Fund
IV. HISTORY AND FACTS BRIEF:
A) The city has contracted with Smith Alling Lane for legislative consultant services the
past three years, with substantial success (state funding for the Ainsworth Overpass
project and legislation authorizing dissolution of joint housing authorities).
B) The 2007 legislative session, a "full session" to include state budget approval, will
require monitoring and involvement by the city if the city wishes to advance and/or
preserve its interest at the state level. Specifically, funding for the Court Street
pedestrian overpass and the Road 100 interchange improvements are carryover
objectives from the 2006 session which should be pursued in 2007.
C) The proposed agreement will provide for the continued services of Bob Mack,
principal of Smith Alling Lane, for the fourth consecutive year.
V. DISCUSSION:
A) Staff recommends Council approval of the agreement, so that appropriate
preparations can be carried out in advance of the legislative session.
1o(b)
Smith
Alling
Lane
A Professional Services Corporation
Attorneys at Law
1102 Broadway Plaza,#403
Tacoma,Washington 98402
Tacoma:(253)627-1091
Seattle:(425)251-5938
Facsimile:(253)627-0123
September 20, 2006
TO: Mr. Gary Crutchfield
Pasco City Manager
525 North 3rd Ave.
P.O. Box 293
Pasco, WA 99301
FROM: Robert E. Mack
SUBJECT: 2006-2007 Legislative Session
ENCLOSED PLEASE FIND: an Agreement for Services for the 2006-2007 legislative
session. If it meets with your approval, please have it signed
and return to my office for signature. Please call if you have
questions.
[ ] COPY FOR YOUR FILES
[ ] FOR YOUR INFORMATION
[X] IN ACCORDANCE WITH YOUR REQUEST
[ ] PLEASE COMMENT
[ ] PLEASE TELEPHONE ME TO DISCUSS
[ ] PLEASE ADVISE ME HOW TO REPLY
[X] PLEASE HANDLE.
[ ]
i
'I
CITY OF PASCO
AGREEMENT FOR SERVICES
This Agreement for Services (Agreement) is between the City of Pasco, Washington
(City) and Smith Alling Lane, P.S.,a Tacoma law firm (Contractor).
AGREEMENT:
1. SCOPE OF SERVICES
A. The Contractor shall provide to the City the following services:
1} Contractor shall advise and assist in planning state legislative
information and lobbying efforts for the City during the terms of this
contract.
2) Contract shall monitor specific state legislation designated by the
City, relevant legislative committees, state agencies, rule making,
and the activities of appropriate interest groups which pertain to the
stated interests, goals and objectives of the City. Contractor shall
identify opportunities in a timely manner for City staff and elected
officials to testify before legislative committees and subcommittees
with respect to proposed legislation; shall communicate such
opportunities to the City; shall assist in preparation of testimony to
be given; shall prepare witnesses as requested and testify on behalf of
the City when requested.
3) Contractor shall represent the City on legislative objectives as
directed by the City Manager with members of the Washington State
Legislature, the Governor's office, appropriate legislative
committees, state agencies and legislative staff. In addition,
Contractor shall maintain effective liaison with major public interest
groups and coalitions, including, but not limited to, the Association
of Washington Cities.
4) During the legislative session, Contractor shall provide the City with
oral activity reports, weekly, or more frequently as needed. At least
semi-monthly during session, the Contractor shall provide a written
update of the status of proposed legislation of particular interest to
the City. At other times, written reports will be provided as
requested,by the City.
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5) Contractor will assist in the drafting, revising and obtaining sponsors
for bills and bill amendments requested by the City. Additionally, the
Contractor will work to obtain necessary support on bills by
scheduling meetings with legislators, legislative staff, and others on
legislation of interest to the City.
6) Contractor will meet, communicate and work with City staff, as
necessary, to insure that specific technical issues are clearly and
appropriately delineated and articulated.
2. COMPENSATION
The Contractor shall receive a flat fee inclusive of expenses each month as shown
below, unless extraordinary expenses are necessitated, in which case the Contractor
shall obtain prior approval from the City. Such expenses must be approved by the
City Manager, and shall not exceed $500.00 total for the term of this contract. This
fee is calculated, based on an anticipated work load and an appropriate hourly rate of
$100/hour. Should the Contractor expend less time working on behalf of the City
than is established by the flat inclusive fee, the City will be charged the lesser per
hour rate. Under no circumstances will the City be billed greater than the flat fee
rate/month, except that the parties may amend the contract to provide for additional
compensation if extraordinary issues arise that will require significantly more work
than contemplated herein.
Billing shall be as follows:
October-December 2006 $1,500/mo. $ 4,500
January-April 2007 $2,500/mo. $10,000
May 2007 $1,500 S 1,500
TOTAL $16,000
3. BILLING AND PAYMENT PROCEDURE
On or before the 15th day of each month, Contractor shall submit to the City a
request for monthly payment for work performed during the previous month, which
shall be processed by the City in the normal course.
4. EFFECTIVE AND TERMINATION DATES
A. This Agreement shall be effective as of October 1, 2006 through May 31,
2007.
B. This Agreement may be extended by mutual written agreement of the
Contractor and the City.
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5. EARLY TERMINATION OF AGREEMENT
A. The City and Contractor, by mutual written agreement, may terminate this
Agreement at any time.
B. The City, on thirty (30) days written notice to the Contractor, may terminate
this Agreement for any reason deemed appropriate in its sole discretion of
the City.
C. Either the City or the Contractor may terminate this Agreement in the event
of a breach of the Agreement by the other. Prior to such termination,
however, the party seeking the termination shall give to the other party
written notice of the breach and of the party's intent to terminate. If the party
has not entirely cured the breach within fifteen (15) days of the notice, then
the party giving the notice may terminate the Agreement at any time
thereafter by giving a written notice of termination.
6. PAYMENT ON EARLY TERMINATION
In the event of termination under section 5 hereof, the City shall pay the Contractor
for work performed in accordance with the Agreement prior to the termination date.
7. CITY PROJECT MANAGER
A. The City Project Manager shall be designated by the City Manager.
B. The Project Manager is authorized to approve work and billings hereunder,
to give notices referred to herein, to terminate this Agreement as provided
herein, and to carry out any other actions referred to herein.
8. COMPLIANCE WITH LAWS
In connection with its activities under this Agreement, Contractor shall comply with
all applicable federal, state, and local laws and regulations.
9. MAINTENANCE OF RECORDS
The Contractor shall maintain records on a current basis to support its billings to the
City. The City or its authorized representative shall have the authority to inspect,
audit, and copy on reasonable notice and from time to time any records of the
Contractor regarding its billings or its work hereunder. The Contractor shall retain
these records for inspection, audit and copying for three years from the date of
completion or termination of this Agreement.
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10. AUDIT OF PAYMENTS
A. The City, either directly or through a designated representative, may audit
the records of the Contractor at any time during the three (3) year period
established by Section 9.
B. If an audit discloses that payments to the Contractor were in excess of the
amount to which the Contractor was entitled, then the Contractor shall repay
the amount of the excess to the City.
11. INSURANCE
The Consultant shall be responsible for maintaining, during the term of this
Agreement and at its sole cost and expense, the types of insurance coverage and in
the amounts described below. The Consultant shall furnish evidence, satisfactory to
the City, of all such policies. During the term hereof, the Consultant shall take out
and maintain in full force and effect the following insurance policies.
A. Comprehensive public liability insurance, including automobile and property
damage, insuring the City and the Consultant against loss or liability for
damages for personal injury, death or property damage arising out of or in
connection with the performance by the Consultant of its obligations
hereunder, with minimum liability limits of$1,000,000.00 combined single
limit for personal injury, death or property damage in any one occurrence.
B. Such workmen's compensation and other similar insurance as may be
required by law.
C. Professional liability insurance with minimum liability limits of
$1,000,000.00.
12. INDEMNIFICATION
The Contractor shall indemnify and hold harmless the City and its officers, agents,
and employees, or any of them from any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, by any reason of or arising
out of the negligent act or omission of the Contractor, its officers, agents, employees,
or any of them relating to or arising out of the performance of this Agreement. If a
final judgment is rendered against the City, its officers, agents, employees and/or
any of them, or jointly against the City and the Contractor and their respective
officers, agents and employees, or any of them, the Contractor shall satisfy the same
to the extent that such judgment was due to the Contractor's negligent acts of
omissions.
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13. SUBCONTRACTING
The Contractor shall not subcontract its work under this Agreement, in whole or in
part, without the written approval of the City. The Contractor shall require any
approved subcontractor to agree, as to the portion subcontracted, to fulfill all
obligations of the Contractor as specified in this Agreement. Notwithstanding City
approval of a subcontractor, the Contractor shall remain obligated for full
performance hereunder, and the City shall incur no obligation other than its
obligations to the Contractor hereunder.
14. ASSIGNMENT
The Contractor shall not assign this Agreement, in whole or in part, or any right or
obligation hereunder, without the prior written approval of the City.
15. CONTRACTOR'S PERSONNEL
The Contractor shall designate Robert E. Mack as the person to perform the work set
forth in this Agreement. He will be assisted by Noah F. Reandeau. In addition,
Timothy M. Schellberg may assist. The Contractor shall not designate the
performance of work of this Agreement to another person, other than Robert E.
Mack or those persons mentioned above, without the prior written approval of the
City.
16. INDEPENDENT CONTRACTOR STATUS
A. The Contractor is engaged as an independent contractor and shall be
responsible for any federal, state, or local taxes and fees applicable to
payments hereunder.
B. The Contractor, its subcontractors, and their employees, are not employees
of the City and are not eligible for any benefits through the City, including,
without limitation, health benefits, workers' compensation, unemployment
compensation, and retirement benefits.
17. REGISTRATION AND REPORTING AS LOBBYIST
Contractor shall be responsible for compliance with all requirements of chapter
42.17 RCW with regard to the activities Contractor engages in pursuant to this
Agreement. Except as otherwise required by law, the City will not register the
Contractor as a lobbyist or otherwise report the activities of the Contractor.
5
18. NOTICE
A. Any notice provided for under this Agreement shall be sufficient if in writing
and delivered personally to the following addressee or deposited in the
United States Mail, postage prepaid, certified mail, return receipt requested,
addressed as follows, or to such other address as the receiving party hereafter
shall specify in writing:
If to the City: Gary Crutchfield
City Manager
525 North P Avenue
P.O. Box 293
Pasco, WA 99301
If to Contractor: Robert E.Mack
Smith Ailing Lane
1102 Broadway Plaza,4403
Tacoma, WA 98402
19. AMENDMENTS
The City and the Contractor may amend this Agreement at any time only by written
amendment executed by the City and the Contractor. Any amendment that increases
the amount of compensation payable to the Contractor must be approved by the City
Manager. The Project Manager may agree to and execute any other amendment on
behalf of the City.
20. AVOIDANCE OF POTENTIAL CONFLICTS
A. It is agreed that the nature of the work may result in direct conflicts of
interest between the City and other clients that the Contractor may represent
currently, or in the future.In these instances,the Contractor will immediately
inform the City. The parties will attempt to identify the possibility of such
instances before they occur. The Contractor shall not advocate or promote
any legislative objectives on behalf of existing or potential clients that are
determined by the City to be in conflict with the City's legislative objectives.
B. Contractor shall provide written notice to the City of all current and any new
clients obtained after the start of the contract. Contractor will not accept new
clients if doing so would create conflicts of interest for the Contractor or
would otherwise impair the Contractor's ability to fully perform the
obligations of this contract.
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21. COSTS TO PREVAILING PARTY
In the event of such litigation of other legal action, to enforce any rights,
responsibilities or obligations under this Agreement, the prevailing parties shall be
entitled to receive its reasonable costs and attorney's fees.
22. APPLICABLE LAW
This Agreement and the rights of the parties hereunder shall be governed and
interpreted in accordance with the laws of the State of Washington and venue for
any action hereunder shall be Pierce County, State of Washington; provided,
however, that it is agreed and understood that any applicable statute of limitation
shall commence no later than the substantial completion by the Consultant of the
services.
23. CAPTIONS HEADINGS AND TITLES
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or sections
to which they apply. As used herein, where appropriate, the singular shall include
the plural and vice versa, and masculine, feminine and neuter expressions shall be
interchangeable. Interpretation or construction of this Agreement shall not be
affected by any determination as to who is the drafter of this Agreement, this
Agreement having been drafted by mutual agreement of the parties.
24. SEVERABLE PROVISIONS
Each provision of this Agreement is intended to be severable. If any provision hereof
is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not
affect the validity of the remainder of this Agreement.
25. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties hereto in respect to
the transactions contemplated hereby and supersedes all prior agreements and
understandings between the parties with respect to such subject matter.
26. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be
one and the same Agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other party.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed effective this day of 32006.
CONTRACTOR:
By: Dated:
ROBERT E. MACK
President, Smith Alling Lane
Tax I.D.No.: 91-1257316
CITY OF PASCO:
Dated:
GARY CRUTCHFIELD, City Manager
Attest:
Dated:
SANDY KENWORTHY, Deputy City Clerk
Approved as to form:
Dated:
LELAND B. KERR, City Attorney
City Attorney
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6066 207 hh310803 9/20/06