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HomeMy WebLinkAbout2008.04.07 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. April 7,2008 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 March 17, 2008. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of $2,012,448.57 ($118,928.86 in the form of Wire Transfer Nos. 4935, 4940 and 4945 and, $1,893,519.71 consisting of Claim Warrants numbered 165091 through 165403). 2. To approve Payroll Claims in the amount of $1,637,868.96, Voucher Nos. 37683 through 37782; and EFT Deposit Nos. 30022081 through 30022576. (c) Deed for Future Street Right-of-Way(MF#INFO08-022): I. Agenda Report from David I. McDonald, City Planner dated March 26, 2008. 2. Vicinity Map. 3. Deed for a Portion of Convention Drive. 4. Temporary Construction Easement. 5. Indemnity Agreement. To accept the deed from the owners of Parcel #116-020-010 for a portion of the Convention Drive right-of-way. -AND- To accept the temporary construction easement from the owners of parcel #116-020-010 for a portion of Convention Drive and, further, authorize the City Manager to sign said easement. -AND- To authorize the City Manager to sign the indemnity agreement associated with the Convention Drive construction easement. (d) Schematic Design Services,Police Station and Court Facilities: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated March 12, 2008. 2. Amendment No. 1 to Professional Services Agreement. To approve Amendment No. 1 to the April 17,2007 Professional Services Agreement with CKJT Architects, authorizing schematic/design services not to exceed $122,850 for the Pasco Police Station and Municipal Court Facilities and, further, authorize the City Manager to sign the agreement. (e) Resolution No. 3072, a Resolution authorizing application(s) for federal funding assistance for a Land and Water Conservation Fund(LWCF)program project to the Recreation and Conservation Office (RCO)as provided in the LWCF Act of 1965, as amended. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated March 24,2008. 2. Proposed Resolution. To approve Resolution No. 3072, authorizing application for federal funding assistance for the Sacagawea Heritage Trail Phase 3. (f) Resolution No. 3073, a Resolution approving the purchase of certain real property by the Park Development Fund. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated March 20, 2008. 2. Location Map. 3. Resolution. 4. Purchase and Sale Agreement(see Council packet of March 31). To approve Resolution No. 3073, approving the purchase of property adjacent to Highland Park. (RQ MOTION: I move to approve the Consent Agenda as read. Regular Meeting 2 April 7,2008 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. PBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RE EATING THERETO: (a) Alley Vacation — A Portion of the Alley in Block 5, Longs First Addition (MF #VAC-08- 002): 1. Agenda Report from David I. McDonald,City Planner dated April 3, 2008. 2. Proposed Ordinance and Vicinity Map. 3. Dedication Deed and Vicinity Map. RECONVENE PUBLIC HEARING Ordinance No. , an Ordinance vacating a portion of the North/South and East/West alley in Block 5, Longs First Addition. MOTION FOR VACATION: I move to adopt Ordinance No. , vacating a portion of the alley in Block 5, Longs First Addition and, further,to authorize publication by summary only. -AND- MOTION TO ACCEPT NEW ALLEY: I move to accept the dedication deed from Benjamin Lee for an alley in Block 5, Longs First Addition. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) "For Hire Vehicles"Licensing Requirements/Fees: 1. Agenda Report from Debbie Clark, City Clerk dated March 5, 2008. 2. Proposed Ordinance Amending Section 3.07.050 "Business Licenses." 3. Proposed Ordinance Amending Chapter 5.45 "For-Hire Vehicles." Ordinance No. , an Ordinance amending Section 3.07.050 "Business Licenses" of the Pasco Municipal Code. MOTION: I move to adopt Ordnance No. , amending Section 3.07.050 (BB) Business Licenses and, further, authorize publication by summary only. -AND- Ordinance No. ,an Ordinance amending Chapter 5.45 "For-Hire Vehicles"of the Pasco Municipal Code. MOTION: I move to adopt Ordnance No. , amending Chapter 5.45 For-Hire Vehicles, of the Pasco Municipal Code and, further, authorize publication by summary only. (b) Resolution No. , a Resolution conditionally designating the City of Pasco as the Local Redevelopment authority for the Wagenaar Army Reserve Center. 1. Agenda Report from Gary Crutchfield, City Manager dated April 4, 2008. 2. Vicinity Map. 3. Proposed Scope of Work(2 pages). 4. Proposed Budget and Grant Request. 5. Proposed Timeline Chart. 6. Proposed Resolution. MOTION: I move to approve Resolution No. , conditionally designating the City of Pasco as the Local Redevelopment Authority for the Wagenaar Army Reserve Center. 9. UNFINISHED BUSINESS: (None) Regular Meeting 3 April 7,2008 10. NEW BUSINESS: *(a) Award Sacagawea Heritage Trail Phase 2,Project No.06-6-02: 1. Agenda Report from Michael McShane, City Engineer dated April 2, 2008. 2. Bid Summary. 3. Vicinity Map. (RC) MOTION: I move to award the low bid for the Sacagawea Heritage Trail Phase 2 Project No. 06-6-02 to A&B Asphalt, Inc., in the amount of $516,094.65, which includes Alternate 1 and, further, authorize the Mayor to sign the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required Item not previously discussed MF# "Master File#...." Q Quasi-Judicial Matter REMINDERS: 1. 12:15 p.m., Sunday, April 6, 2819 W. Sylvester Street — Community Unitarian Universalist Church Building Dedication. (MAYOR PRO-TEM MATT WATKINS) 2. 5:30 p.m., Sunday, April 6, TRAC Facility — Tri-Cities Hispanic Chamber Gala Dinner Awards. (MAYOR JOYCE OLSON) 3. 1:30 p.m., Monday, April 7, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY,Alt.) 4. 10:00 a.m., Tuesday, April 8, Senior Center — Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN,Alt.) 5. 7:00 a.m., Thursday, April 10, Elmer's Walla Walla — BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; TOM LARSEN, Alt,) 6. 10:00 a.m., Thursday, April 10, City Hall Conference Room #1 — Meeting with the Mexican Consulate Representatives. (MAYOR JOYCE OLSON) 7. 4:00 p.m., Thursday, April 10, 3416 Stearman Avenue Solid Waste Advisory Committee Meeting. (COUNCILMEMBERS MIKE GARRISON and TOM LARSEN, Reps.; MAYOR JOYCE OLSON AND COUNCILMEMBER MATT WATKINS, Alts.) 8. 7:00 p.m., Thursday, April 10, Transit Facility — Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; MIKE GARRISON,Alt.) 9. 7:30 a.m., Friday, April 11, Port of Benton — CEDS Community Projects Review. (MAYOR JOYCE OLSON) MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 17, 2008 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, Tom Larsen, Joyce Olson, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Bronson Brown, Acting City Attorney; Stan Strebel, Administrative & Community Services Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Michael McShane, City Engineer; Denis Austin, Police Chief; Greg Garcia, Fire Chief and Reuel Klempel, Plant Division Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated March 3, 2008. (b) Bills and Communications: To approve General Claims in the amount of$741,506.40($94,507.14 in the form of Wire Transfer Nos. 4924 and 4931 and, $646,999.26 consisting of Claim Warrants numbered 164838 through 165090). To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$205,851.41 and, of that amount, authorize $153,722.41 be turned over for collection. (c) Pool Repairs for 2008: To authorize staff to complete the code required modifications at the city's three swimming pools and, further, to include the cost in the year end budget supplement. (d) Senior Center Kitchen Lease: To approve the lease for the Senior Center Kitchen with Aramark and, further, authorize the Mayor to sign the agreement. (e) Professional Services Agreement for Indigent Defense Services: To approve the Professional Services Agreement for Indigent Defense with Nicole Preszler and, further, to authorize the Mayor to sign the agreement. (f) Appointments to Corridor Enhancement Study Committee: To confirm the following Mayoral appointments to the Corridor Enhancement Study Committee: City Council: Matt Watkins (Chair) and Al Yenney; Planning Commission: Todd Samuel and Dave Little; Chamber of Commerce: Carrie Chambers, Spence Jilek, Fred Ackerman, Jim O'Conner and John Serle. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 17, 2008 REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Hoffmann reported on the BF Council of Governments Tri-Mats Policy Advisory Committee meeting. Mr. Watkins noted the Community Roundtable has expressed an interest in Regional Facilities. UNFINISHED BUSINESS: Alley Vacation—A Portion of the Alley in Block 5, Longs First Addition (MF#VAC- 08-002): Mr. McDonald explained the status of the vacation, noting the applicant and Cascade Natural Gas are negotiating the cost of moving the gas line. MOTION: Mr. Watkins moved to continue the public hearing on the proposed alley vacation for Block 5, Longs First Addition to the regular meeting of April 7, 2008. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: Fire Station #83 Vehicle Storage Project: MOTION: Mr. Watkins moved to award the low bid for the Fire Station#83 Vehicle Storage Project to Winthrop Construction, Inc., in the amount of$382,190.70 including sales tax, with the March 5, 2008 letter from Winthrop Construction, Inc., as the conditions of award and, further, authorize the Mayor to sign the contract documents. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. Butterfield WTP Modifications Valves Replacement and Weirs Installation, Project No. 07-2-05: MOTION: Mr. Watkins moved to award the low bid for the re-bid Butterfield WTP Modifications Valves Replacement and Weirs Installation Project No. 07-2-05 to Intermech/Thompson Mechanical in the amount of$379,895.00 plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. Commercial Avenue Reconstruction Project No. 05-3-07: MOTION: Mr. Watkins moved to award the low bid for the Commercial Avenue Reconstruction Project No. 05-3-07 to Granite Northwest, Inc., dba Transtate Asphalt in the amount of$101,112.00, including Alternate B and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Mayor Olson recognized a Richland High School student in the audience. MOTION: Mr. Watkins moved to postpone the March 24 Workshop meeting until March 31. Mr. Garrison seconded. Motion carried unanimously. Council and staff discussed replacing damaged fencing on Sandifer Pkwy and Rd. 84. Council and staff discussed the graffiti problem in the city. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:33 p.m. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 17, 2008 APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 7th day of April, 2008. 3 CITY OF PASCO Council Meeting of: April 7, 2008 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the undersi e ,do here ify under penalty of perjury that the materials have been furnished, the services rend r the or perfor ed as described herein and that the claim is a just,due and unpaid obligation a the ty and that are authorized to authenticate and ce to said clam (___40a$2�_ Gary Ztnd­fi e' i ty M nager James W. e, Finance Manager We,t ersigned 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 4935,4940 and 4945 in the amount of$118,928.86, have been authorized; that Check No-s 165091 through 165403 are approved for payment in the amount of$1,893,519.71,for a combined total of$2,012,448.57 on this 7th day of April, 2008. Counciimember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 54.85 Judicial 5,402.45 Executive 7,637.24 Police 172,300.34 Fire 23,533.03 Administration&Community Services 89,739.84 Community Development 41,630.74 Engineering 16,528.95 Non-Departmental 149,438.00 Library 97,129.81 TOTAL GENERAL. FUND: 603,395.25 STREET 83,772.84 C. D. BLOCK GRANT 619.04 KING COMMUNITY CENTER 4,086.58 AMBULANCE SERVICE 11,185.67 CEMETERY 4,219.56 ATHLETIC PROGRAMS 3,082.96 SENIOR CENTER 6,020.94 MULTI MODAL FACILITY 2,828.92 RIVERSHORE TRAIL&MARINA MAIN 118.40 LITTER CONTROL 2,341.07 REVOLVING ABATEMENT 308.00 SPECIAL ASSESSMNT LODGING 11,569.35 TRAC DEVELOPMENT 12,500.00 STADIUMICONVENTION CENTER 6,691.52 BOULEVARD PERPETUAL MAINT 3,960.53 METRO DRUG TASK FORCE 3,392.81 METRO DRUG FORFEITURE FUND 1,558.42 GENERAL CAP PROJ CONSTRUCTION 7,532.02 WATER/SEWER 499,047.61 EQUIPMENT RENTAL-OPERATING 51,446.34 EQUIPMENT RENTAL- REPLACEMENT 167,147.23 MEDICAUDENTAL INSURANCE 148,453.41 CENTRAL STORES 234.80 FIRE PENSIONS 7,062.55 PAYROLL CLEARING 38,380.66 TRI CITY ANIMAL CONTROL 43,232.09 PUBLIC FACILITIES DIST 23,021.63 LID CONSTRUCTION 265,238.37 GRAND TOTAL ALL FUNDS: $ 2,012,448.57 3(b).1 CITY OF PASCO Council Meeting of: Payroll Approval April 7, 2008 The City Council City of Pasco Franklin County, Washington The foil is a summary of payroll claims against the City of Pasco for the month of March 2008 ow re pres with for your review and approval. Gary . Crut City or James W. Chase, Financial Services Manager 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. 37683 through 37782 and EFT deposit No's. 3002208/ through 30022576 and City contributions in the aggregate amount of$1,637,868.96 are approved for payment on this 7th day of April 2008. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 6,683.50 Judicial 58,539.33 Executive 46,194.68 Police 500,976.88 Fire 231,620.66 Administrative &Community Services 216,188.57 Community Development 49,086.54 Engineering 76,588.48 TOTAL GENERAL FUND 1,185,878.64 CITY STREET 30,303.30 BLOCK GRANT 11,151.51 MARTIN LUTHER KING CENTER 5,137.22 AMBULANCE SERVICE FUND 107,379.92 CEMETERY 8,032.57 ATHLETIC FUND 2,946.64 SENIOR CENTER 12,150.40 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 439.82 BOAT BASIN 125.54 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 8,203.52 WATER/SEWER 242,946.54 EQUIPMENT RENTAL-OPERATING 23,173.34 GRAND TOTAL ALL FUNDS $ 1,637,868.96 Payroll Summary Net Payroll 779,278.08 Employee Deductions 488,462.78 Gross Payroll 1,267,740.86 City of Pasco Contributions 370,128.10 Total Payroll $ 1,637,868.96 3(b).2 AGENDA REPORT NO. 11 FOR: City Council March 26, 2008 TO: Gary Crutch a Manager Workshop Mtg.: 3131/08 Regular Mtg.: 4/7/08 FROM: David 1. McDonald, City Planner 3�14 � Community & Economic Development SUBJECT: Deed for Future Street Right-of-Way(MF#INF08-022) 1. REFERENCE(S): A. Vicinity Map B. Deed for a Portion of Convention Drive C. Temporary Construction Easement D. Indemnity Agreement I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/31 DISCUSSION 4/7 MOTION # 1: I move to accept the deed from the owners of Parcel # 116-020- 010 for a portion of the Convention Drive right-of-way. MOTION # 2: I move to accept the temporary construction easement from the owners of Parcel # 116-020-010 for a portion of Convention Drive and authorize the City Manager to sign said easement. MOTION#3: 1 move to authorize the City Manager to sign the indemnity agreement associated with the Convention Drive construction easement. 111. FISCAL IMPACT None. IV. HISTORY AND FACTS BRIEF: A. The development of the Three Rivers Subdivision north of Sandifur Parkway requires the extension and construction of Convention Drive north of Sandifur Parkway. The east half of the right-of-way for Convention Drive is being provided by Hayden Homes, the developer of the Three Rivers subdivision. The required west half of Convention Drive is controlled by other property owners that are currently farming the field to the west of the Three Rivers Subdivision. B. To properly construct half of Convention Drive northward from Sandifur Parkway a small portion of land is needed from the farm field to the west of The Three Rivers Subdivision. After several months of discussion staff was able to obtain a dedication deed for three feet of right-of-way and a 14 foot easement for roadway construction work. C. The construction easement requires the Grantee (City of Pasco) to assume responsibility for any damages to the farm field or equipment that may result from construction activities or related uses of the easement. Staff informed Hayden Homes that the easement with the indemnification clause could not be recommended for acceptance by the city unless the developer assumed all terms and obligations associated with the easement. Hayden Homes has agreed to assume all terms, requirements and obligations of the construction easement by signing an indemnity agreement holding the city harmless from such requirements. 3(c) 1�cT # �° -_ -� � .:�' �• •��,rr.::la L_.J;�.�,.f:alW-l.•�rRl.:-: s:,ys)'.�.... „s�?�`�r '�y �a •dv'� i' 'fir-', : : wa. . 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Eickmeyer, and Mark and Mary Jo Sullivan Grantee: The City of Pasco Abbreviated Legal Description: Ptn.NE '/4, § 9,T 9 N, R 29 E, Ly E of Road 68 Assessor's Property Tax Parcel, or Account Number(s): 116-020-010 Dedication Deed Pursuant to RCW 35A79.010, the Grantors hereby dedicate and quitclaim to the Grantee, The City of Pasco, A Municipal Corporation of the State of Washington, for public use, as a public right-of-way all interest in the following property: The Easterly 3 feet of that portion of the Northeast quarter of Section 9, Township 9 North, Range 29 East W.M. Franklin County Washington lying Easterly of Road 68. IN WITNESS WHEREOF, the parties have executed this Agreement the day an ear first written above. - 4 r ^ � Randy illen S 1~ivan _ + AA d 4 (4q0U'Q1i a HanspTqw Mary 4 Sul; ��lr v Le' rneyer UAMy Documents',SPfiles\Eickmeyet\Pasco Dedication Deed-2008.rev.DOC 1 STATE OF WASHINGTON } }ss. County of } The foregoin s ac wledge f e thi llCl of 1 , 2008, by Randy M ON '�`�• 'NrOC - u- �. `tlsLyG tie My commission expires:` 1 10 STATE OF WASH H , Ss. County of The foregoing i s acknowledged before me this ,�&day of = 2008, by Jacqueline 10,N 4�t'U 1ypTAIIP u,m d' � Notary Public for Washi gton My commission expires: 0,/� AY 1 �'�O� STATE OF WASHIN SH\ }ss. County of The foregoing instrument was acknowledged before me this day of 2008, by Lee Eickmeyer. KBEKAH . �IA State c{ �.,. 90OWP4blic for Washington NO A Wt, Corr....j q..ilo pirees fission expires: SEP 1 .`..I i3a "1 2011 STATE OF WASHINGTON } }ss. County of } } The foregoing i acknowledged before me this.-1 'day of (e A woo_ .J. 2008, by Mark Sulliv Notary Public for Washington � PU13LiC J,O fl/ : My commission expires: �9 oER 2%,�C�C F WASH UAMy Documents\SPfileslEickmeyer\Pasco Dedication Deed-2008.rev.DOC 2 STATE OF WASHINGTON } }ss. County of The foregoing instrument was acknowledged before me this day of 2008, by Mary Jo Sullivan. 4l A4, i St G%0N Fa Not Public for Washington ��� My commission expires: co 00 '001 A kp N'fr ro ti o 9 OF WPA, UAMy Documents\SPfiles\Eickmeyer\Pasco Dedication Deed-2008.rev.DOC 3 After Recording, Return to: Stella Edens Pederson Rettig Osborne Forgette, LLP 6725 W. Clearwater Ave. Kennewick, WA 99336 Type of Document: Temporary Construction Easement Grantors: Randy Mullen, Jacqueline Hansen, Lee A. Eickmeyer, and Mark and Mary Jo Sullivan Grantee: The City of Pasco Abbreviated Legal Description: Pin.NE 1/4, § 9, T 9 N, R 29 E,Ly E of Road 68 Assessor's Property Tax Parcel, or Account Number(s): 116-020-010 TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT (this "AGREEMENT") is made as of the day of , 2008, between Randy Mullen ("Mullen"), Jacqueline Hansen ("Hansen"), Lee A. Eickmeyer ("Eickmeyer"), Mark and Mary Jo Sullivan ("Sullivan"), and The City of Pasco, a Municipal Corporation of the State of Washington ("Grantee"). Mullen, Hansen, Eickmeyer, and Sullivan are referred to herein individually as "Grantor" and together as "Grantors." Recitals: A. Grantors individually are the owners of adjacent real property located in the City of Pasco, Franklin County, Washington as more particularly described on the attached Exhibit A ("Grantors' Property"). Grantee desires an easement over Grantors' Property as follows: The Easterly 17 feet of that portion of the Northeast quarter of Section 9, Township 9 North, Range 29 East W.M. Franklin County Washington lying Easterly of Road 68, except the Easterly 3 feet thereof dedicated for street right of way. ("Easement Area"). 1 UAMy DocumentsWfi les\EickmeyerTascoTemporary Construction Easement-2008.rev.DOC B. Grantors desire to grant to Grantee a non-exclusive easement over and across the Easement Area for a street shoulder and for grading purposes in conjunction with the construction of the East half of Convention Drive on the terms and conditions contained herein. NOW, THEREFORE, for and in consideration of the premises, easements, covenants, conditions, restrictions, and encumbrances contained herein, the sufficiency of which is hereby acknowledged, Grantors and Grantee do hereby agree as follows: 1. Incorporation. The recitals are incorporated herein. 2. Easement. Grantors grant to Grantee and Grantee's agents, employees, contractors, subcontractors, and vendors, a temporary non-exclusive easement (the "Easement") to enter upon the Easement Area for the purposes of access and construction activities in connection with the construction of roadway improvements and sewer and sanitary facilities (the "Construction Work"). 3. Construction Work. All Construction Work shall be performed in compliance with all covenants, conditions and restrictions applicable to the Easement Area, and with all applicable laws, statutes, ordinances and governmental rules, regulations, and requirements. 4. Term. The Easement shall automatically terminate on December 31, 2008. 5. Grantee's Use of Grantors' Propert y. Grantee covenants and agrees that Grantee shall use Grantee's best efforts to avoid causing any material damage to, or interference with, any irrigation systems or farming activity on the Grantors' Property. Grantee further covenants and agrees that Grantee, at Grantee's sole cost and expense, shall remove all debris and garbage located on the Easement Area upon the termination of the Easement. 6. Liens. Should mechanics', materialmen's or other liens or claims thereof be filed against the Grantors' Property by reason of a claim against Grantee, Grantee, shall cause the lien to be canceled and discharged of record by bond or otherwise within thirty (30) days after receipt of notice from any Grantor. Should Grantee fail to cause such lien to be so discharged or bonded, the Grantor that gave notice may exercise any or all remedies available to such Grantor at law or in equity, including, without limitation, paying the amount claimed to be due, and Grantee shall pay to such Grantor on demand the amount so paid and all costs and expenses incurred by such Grantor, including reasonable attorneys' fees, in processing such discharge. 7. Indemnification. Grantee hereby indemnifies, protects, defends and saves Grantors and Grantors' agents, employees, contractors, and invitees harmless for, from and against any and all liability, damage, expense, causes of action, suits, claims, or judgments arising for any reason whatsoever in connection with the use of the Easement Area by Grantee or Grantee's agents, employees, contractors, invitees or suppliers. However, Grantee shall not be responsible or liable for any act or omission of Grantors or Grantors' agents, employees, contractors, or invitees, or for any adverse condition on or affecting the Easement Area that was not caused by Grantee or its agents, employees, contractors, subcontractors or vendors but merely discovered or impacted during their work on the Easement Area, 2 U.`Ny Documents\SP£desTickmeyer\PascoTemporary Construction Easement-2008.rev.DOC 8. Duty to Repair and Reimburse. Grantee covenants and agrees that Grantee shall (a) repair or replace any irrigation systems damaged or destroyed as a result of the Construction Work, at Grantee's sole cost and expense, and (b) reimburse Grantors for lost profits from loss of crops as a result of any damage or destruction of irrigation systems as a result of the Construction Work. 9. Entire Agreement. This Agreement shall constitute the entire agreement between the parties relating to the Easement. The Parties do not rely upon any statement, promise or representation not herein expressed, and this Agreement once executed and delivered shall not be modified or altered in any respect except by a writing executed and delivered in the same manner as required by this document. 10. Partial Invalidity. If any provision of this Agreement or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Agreement or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 11. Governing Law. This Agreement shall be governed by and construed with the laws of the State of Washington without regard to its conflicts of law principles. IN WITNESS WHEREOF, the p ies have executed this Agreement the day and year first written.above. GRANTORS: andy Wien "I r acq line Hansen q* Lee Eickmeyer ullivan 'L44 1 Mary Jo S iv i GRANTEE: The City of Pasco, a Municipal Corporation of the State of Washington By: Its: 3 UAMy Documentsl SPfiles\EickmeyerTascoTemporary Construction Easement-2008.rev.DOC STATE OF WASHINGTON } }s s. County o } The foregoing instru owledge a th' ay 2008, by Randy Mulle .>1'� g�CON * --0 1 g n Aval'lC' y commission expires: it fly 0 STATE OF WASHINGTON ax WASH_ )SS. County of 7 to } The foregoing in acknowl ged before me this day of rY , 2008, by Jacqueline H stokh� / Notary Public for Washington b$L[C My commission expires: - /-a2 '9Ik VARY It Of WASN�� STATE OF WASHINGTON } )SS. County of lr t l } The foregoing instrument was acknowledged before me this,- - day of t` w , 2008, by Lee Eickmeyer. REBEKAH E. HAS AIS 7 Off t t 1 I State of Washington Notary Public for Washington. /ff r40TARV PUBLIC My commission expires: Commission Expires !vEP' EMBER 19 2011 STATE OF WASHINGTON } )Ss' J County of .)i t�L",yI R�} ,-I The fore sh3 s acknowledged before me this day of J 4"t. i <"R . , 2008, by Mark # P�BL1L —, � a �0 02 Notary Public for Washington y a8�q z1, G� My commission expires: WA 4 UAMy Documentsl SPfiles\Eickmeyer\PascoTemporary Construction Easement-2008.rev.DOC STATE OF WASHINGTON } )ss. County of yU 1 } The foregoin was acknowledged before me this :` �` day of , 2008, by Mary Jo \ N F O� _ AJZ -- ) t: z--- NoiW Public for Washington ° pUBLI 0 * My commission expires: (P�0 ryas � 9 °ben ii G,`O OF WASH�N STATE OF WASHINGTON } }ss. County of } The foregoing instrument was acknowledged before me this day of , 2008, by , the of The City of Pasco, a Municipal Corporation, on its behalf. Notary Public for Washington My commission expires: 5 WMy Documentsl SPfiles\Eickmeyer\PascoT'emporary Construction Easement-2008.rev.DOC EXHIBIT A Grantors' Property Legal Description That portion of the Northeast quarter of Section 9, Township 9 North, Range 29 East W.M. Franklin County Washington lying Easterly of Road 68. Franklin County Tax Parcel # 116-020-010 6 UWy DocamentslSPfilcs\EickmeyerlPascoTemporary Construction Easement-2008.rev.DOC i I I FILED FOR RECORD AT REQUEST OF: City of Pasco WHEN RECORDED RETURN TO: City of Pasco,Washington 525 North 3" Pasco WA 99301 INDEMNITY AGREEMENT THIS AGREEMENT dated this 13 day of March, 2008, Hayden Homes, LLC, hereinafter referred to as "Hayden Homes", does agree to indemnify the City of Pasco, Washington, a Municipal Corporation, hereafter referred to as "City", and in consideration of the mutual covenants contained herein, agree as follows; 1. Hayden Homes is the Developer of certain real property located within the City of Pasco, incident to which requires the improvement of portions of Convention Drive right-of-way of the City. Incident to those improvements, the City has secured a Temporary Construction Easement upon certain real property more particularly described as follows: The Easterly 17 feet of that portion of the Northeast quarter of Section 9, Township 9 North, Range 29 East W.M. Franklin County Washington lying Easterly of Road 68, except the Easterly 3 feet thereof dedicated for street right of way. And does by this Agreement, permit to Hayden Homes the City's right under that Temporary Construction Easement dated the day of March, 2008, a copy of which is attached hereto and incorporated hereinby as Exhibit A. 2. Hayden Homes does hereby agree to provide all construction work permitted under such Temporary Construction Easement within the easement area in conformance with the plans and specifications required for right-of-way improvement by the City, and does specifically by these terms, assume all rights and responsibilities to the City under that Temporary Construction Easement, and further agrees to defend, indemnify and hold the City harmless from any claims related to or arising from Hayden Homes' activities under the Temporary Construction Easement or upon the real property described therein and further to faithfully fulfill all the teens, requirements or obligations of the City therein. Indemnity Agreement - 1 3. For the purpose of this Agreement, time is of the essence. In the event of any dispute between Hayden Homes and City concerning the interpretation, enforcement, or breach of this Agreement, the parties shall first meet in a good faith effort to resolve the dispute, however, if unresolved, the dispute shall be resolved by binding arbitration pursuant to RCW 7.O4A, the Mandatory Rules of Arbitration (MAR). Venue shall be placed in Franklin County, Washington, and the prevailing parties shall be awarded attorney fees and costs against the other. DATED this L3 _ day of March, 2008, Hayden Homes, LLC City of Pasco, Washington M f-t- 0 f sort Gary Crutchfield 4fe, of Finaxce. City Manager STATE OF WASHINGTON ) ss County of Franklin ) On this day personally appeared before me GARY CRUTCHFIELD, City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this _day of , 2008. Notary Public in and for the State of Washington Residing at My Commission Expires STATE OF N } 6; f 17z' : ss County ofPfenklin } ,��}} 9n this day personally appeared before me 1,04"1, �-of Hayden Homes, LLC, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2008. =SEPTiEMBER5.EAL otary Public i and for the tate of Wesh�ington LACK esiding at -OREGON ' O.409673 y Commission Expires , (s MY COPTEMBER 6,2010 Indemnity Agreement- AGENDA REPORT FOR: City Council March 12, 2008 TO: Gary Crutchf kdminIptro anager FROM: Stan Strebel, and Community Workshop Mtg.: 3/31/08 Services Director Regular Mtg.: 4/7/08 SUBJECT: Schematic Design Services, Police Station and Court Facilities I. REFERENCE(S): 1. Amendment No. 1 to Professional Services Agreement H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/31: Discussion 417: MOTION: I move to approve Amendment No. 1 to the April 17, 2007 Professional Services Agreement with CKJT Architects, authorizing schematic/design services not to exceed $122,850 for the Pasco Police Station and Municipal Court Facilities and further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: Capital Improvement Fund (2008 budget appropriated $100,000; additional funds available) IV. HISTORY AND FACTS BRIEF: A) On April 16, 2007 Council approved a professional services agreement with CKJT Architects for the preparation of a Municipal/Facility Work Space Needs Study. The study, which projects City office and facility needs for the next 30 years, identified the most pressing needs as being for housing the police and municipal court functions. This information was presented to the City Council on July 23, 2007. The 2008 budget (Capital Improvement Fund) includes $100,000 for schematic design of this project. B) As Council is aware, growth in the Police Department is such that existing facilities are no longer adequate (when the current facilities were first occupied police staff was 32; today the staff totals 77). The current lease with Franklin County for Municipal Court housing expires in 5 years and it has not been determined if renewal will be an option. C) To continue to define the future construction needs and costs, staff recommends as the next step, an amendment to CKJT's agreement to complete more specific and detailed design of a facility to meet these critical needs. The proposed scope of work will include planning for police and court facilities as independently constructible modules and analyze configuration alternatives (including the cost/benefits of renovating the existing City Hall gymnasium, for example) to meet the required space needs. D) Staff recommends approval of Amendment No. 1 to CKJT Architects Professional Services Agreement with a cost not to exceed $122,850. 3(d) AMENDMENT NUMBER 1 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS,the City and CKJT Architects entered into a Professional Services Agreement on April 17, 2007, with respect to professional services for a Municipal/Facility Work Space Needs Study; NOW, THEREFORE,this agreement is amended to allow CKJT Architects to provide additional architectural consulting/design services as described on Attachment A, dated March 11, 2008. 1. Scope of Work: Scope of Work includes schematic design services for the Pasco Police Station and Municipal Court Facilities. 2. Fee: The compensation for the work is a lump sum amount of$122,850. (15% of A/E fee listed is the construction estimate included in the completed Work Space Needs Study) 3. Time of Performance: The services shall be complete for the project on or before December 31, 2008. DATED THIS DAY OF ,2008. CITY OF PASCO: CONSULTANT: CKJT ARCHITECTS By: City Manager Title: CKJT Architects 1 Amendment No. 1 Professional Services Agreement—Municipal/Facility Work Space Needs Study Attachment "A" ckjt architects - a.i.a. March 11, 2008 Mr. Stan Strebel City of Pasco 525 N. 3rid Pasco, WA 99301 Re. Schematic Scope of Work Dear Mr. Strebel, CKJT Architects,for a lump sum fee of$122,850.00, proposes to amend our contract of the Municipal/Facility Work Space Needs Study to include the attached scope of work for schematic design of the Pasco Police Station and Municipal Court Facilities. We have great enthusiasm for this project, and are eager to begin in order to complete the work by year's end, 2088. Regards, CKJT Architects James A.Taylor /krs Attachment-1 brian 1,johnson, a.i.a, james a. taylor, a.i.a. 128 vista way kennewick, washington 99336 509/783-5444 March 11, 2008 CKJT Architects Pasco Police Station and Municipal Court Facilities Schematic Desian Scope of Work Based upon the needs identified in applicable sections of a report prepared by CKJT Architects, titled "City of Pasco Municipal/Facility Workspace Needs Study",the Architect will perform the following activities; Z) The Architect will review the aforementioned report with City staff as designated by the Owner to identify any additions and/or changes required, 2) The Architect will review with the Owner, alternative approaches to design and construction of the project,specifically studying the possible renovation of the existing civil center gymnasium into the police station. 3) Planning for police station and municipal court facilities as independently constructible modules,the Architect will prepare,for approval of the Owner, schematic design documents consisting of site plans,floor plans,exterior elevations, building sections and other relationships of project components. 4) The Architect will prepare a preliminary code analysis and determination of construction type and materials. 5) The Architect will submit to the Owner, a preliminary estimate of construction cost based on area and construction systems proposed. fi) The Architect will prepare preliminary, and final,three-dimensional computer renderings of the proposed design. 7) The Architect will make presentations of proposed design when requested by the Owner. 8) The architect will incorporate in his fee, all reimbursable expenses associated with this scope of work. AGENDA REPORT FOR: City Council March 24, 2008 TO: Gary Crutchfi Manager FROM: Stan Strebel, A s tive and Community Workshop Mtg.: 3/31/08 Services Di Regular Mtg.: 4/7108 SUBJECT: Resolution Authorizing Grant Application for Sacagawea Heritage Trail Funding I. REFERENCE(S): I. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 3/31: Discussion 4/7: MOTION: I move to approve Resolution No authorizing application for federal funding assistance for the Sacagawea Heritage Trail Phase 3. III. FISCAL IMPACT: Grant Application of$400,000 is anticipated. IV. HISTORY AND FACTS BRIEF: A) The 2008 — 2013 Capital Improvement Plan approved by Council anticipates Phase 3 of the Heritage Trail project as lowering of the USACE levee 12-2 between Road 54 and Road 72 and the reinstallation of the trail on the wider, lowered levee. B) Staff anticipates project cost of approximately $800,000, half of which could be funded by a grant from the Federal Land and Water Conservation Fund. Grant applications, which are due May 1, must include a form of the attached resolution authorizing the application and acknowledging grant requirements. Staff recommends approval of the resolution. 3(e) City of Pasco RESOLUTION NO. Sacagawea Heritage Trail Phase 3 Funding Application A RESOLUTION authorizing application(s) for federal funding assistance for a Land and Water Conservation Fund (LWCF) program project to the Recreation and Conservation Office (RCO) as provided in the LWCF Act of 1965, as amended. WHEREAS, the City of Pasco has approved a comprehensive plan that includes this project area; and WHEREAS, under the provisions of LWCF, federal funding assistance is requested to aid in financing the cost of land acquisition and/or facility development; and WHEREAS, the City considers it in the best public interest to complete the land acquisition and/or development project described in the application; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The City Manager be authorized to make formal application to the Recreation and Conservation Office for funding assistance; SECTION 2: Any fund assistance received be used for implementation of the project referenced above; SECTION 3: The City hereby certifies that its share of project funding is committed and will be derived from the City Capital Improvement Fund; SECTION 4: The City acknowledges that it is responsible for supporting all non-cash commitments to this project should they not materialize; SECTION 5: The City acknowledges that any property acquired or facility developed with financial aid from the Recreation and Conservation Funding Board (RCFB) must be placed in use for the funded purpose, and be retained in such use in perpetuity unless otherwise provided and agreed to by the City, RCFB, and the National Park Service; SECTION 6: This resolution becomes part of a formal application to the Recreation and Conservation Office; SECTION 7: The City provided appropriate opportunity for public comment on this application; and SECTION 8: The City acknowledges that LWCF grants are federal funds and, as such, the City must comply with all applicable federal laws. PASSED by the City Council of the City of Pasco this day of 2008. Joyce Olson, Mayor ATTEST: Sandy Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Lee Kerr, City Attorney AGENDA REPORT FOR: City Council March 20, 2008 TO: Gary Crutchfi I Manager FROM: Stan Strebel, mi 's a and Community Workshop Mtg.: 3!31/08 Services Direc or Regular Mtg.: 417108 SUBJECT: Real Estate Purchase Adjacent Highland Park I. REFERENCE(S): 1. Location Map 2. Resolution 3. Purchase and Sale Agreement(Council packets only; copy available in Administrative and Community Services office, the Pasco Library or on the city's website at www.pasco-wa.gov for public review.) II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 3/31: Discussion 4/7: Motion: I move to approve Resolution No. 30-73-approving the purchase of property adjacent to Highland Park. III. FISCAL IMPACT: $88,000 - Park Development(District 2) Fund. IV. HISTORY AND FACTS BRIEF: A) Highland Park is located at the intersection of Wehe and Broadway in East Pasco. Whittier School is located to the north of the park. The 10 acre park was built in the 1960's and has had modest upgrades in the last couple of years. The park includes a football field, which is used by the Pasco Grid Kids for football games and practices. Last year the football field was renovated with the help of Grid Kid volunteers and City forces. B) City staff has been approached by representatives of the Grid Kids asking the City to consider if additional football practice fields might be made available at Highland Park. The park contains a softball field, which is not well used, however, it is not large enough to be converted to a standard football field. Property adjacent and to the west of the park is available for purchase and could be developed with additional football practice and play areas. C) The Park Development District No. 2) Fund, which includes Highland Park, has a balance in excess of $300,000 available for acquisition and development of new/expanded facilities in the neighborhood. Staff proposes to purchase the adjacent 3.4 acres (4 parcels, see map) which can thereafter be planned and developed to accommodate additional football/park use. The City has a purchase and sale agreement in place contingent on Council's approval of the purchase. 3(f) 13F IL _ S s xvM a sy 9 1 � w . RESOLUTION NO yD-�3 A RESOLUTION approving the purchase of certain real property by the Park Development Fund. WHEREAS, the City of Pasco provides park and recreation facilities designed to serve the community; and WHEREAS,the Park Development Fund has been established to provide for the acquisition and development of park facilities as the community grows; and WHEREAS, tracts of land adjacent to Highland Park are available for purchase for the expansion of said park and a professional evaluation of the site's value indicates the proposed sale price to be appropriate; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: That City Council hereby approves the purchase of that real property legally described in Exhibit A attached hereto and made a part hereof, in the amount of$88,000, by the Park Development Fund. SECTION 2: The City Manager is hereby authorized to execute all documents necessary and appropriate to consummate the purchase approved herein. PASSED by the City Council of the City of Pasco this day of April, 2008. Joyce Olson, Mayor ATTEST: Sandy Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Lee Kerr, City Attorney Exhibit"A" Parcel A: All of Block 161, Pasco Land Company's First Addition to Pasco, Washington, according to the plat thereof recorded in Volume B of Plats, Page 39, records of Franklin County, Washington. Together with the south half of vacated Shoshone Street, adjacent thereto. Parcel B: Lots 1 through 12, Block 162, Pasco Land Company's First Addition to Pasco, Washington, according to the plat thereof recorded in Volume B of Plats, Page 39, records of Franklin County, Washington. Together with the southerly half of vacated Broadway Street adjoining and together with the west half of north/south alley adjoining, and together with the north half of vacated Shoshone Street, adjoining thereto. Parcel C: Lots 14 through 16, Block 162, Pasco Land Company's First Addition to Pasco, Washington, according to the plat thereof recorded in Volume B of Plats,page 39, records of Franklin County, Washington. Together with the southerly half of vacated Broadway Street adjoining and together with the east half of north/south alley adjoining. Parcel 1: Block 163, Pasco Land Company's 1St Addition to Pasco, Washington, according to the plat thereof recorded in Volume B of Plats, page 39, records of Franklin County, Washington. Together with the north half of vacated Yakima and Broadway Streets adjacent thereto and together with the vacated north/south alley adjacent thereto and together with that portion of vacated Montana which attaches by operation of law. AGENDA REPORT NO. 12 FOR: City Council April 3, 2008 TO: Gary Crutch e anager REGULAR: 4/7/08 FROM: David I. McD nald, City Planner SUBJECT: ALLEY VACATION- A portion of the alley in Block 5, Longs First Addition (MF#VAC-08-002) I. REFERENCE(S): A. Proposed Ordinance and Vicinity Map B. Dedication Deed and Vicinity Map II. ACTION RE UESTED OF COUNCIL/STAFF RECOMMENDATIONS: Reconvene Public Hearing: This hearing was continued from the March 3`a and March 17th regular meetings. MOTION for Vacation: I move to adopt Ordinance No. , vacating a portion of the alley in Block 5, Longs First Addition and, further, to authorize publication by summary only. MOTION to Accept New Alley: I move to accept the dedication deed from Benjamin Lee for an alley in Block 5, Longs First Addition. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: On March 3, 2008 the City Council conducted a hearing to consider vacating a portion of the alley in Block 5, Longs First Addition. The hearing was continued to March 17, 2008 to grant the petitioner and Cascade Natural Gas additional time to workout details necessary for the relocation of a gas line. The hearing was again continued to April 7, 2008. V. DISCUSSION: Vacation of the proposed alley and dedication of a replacement alley will require the re- routing of approximately 200 feet of gas main. Cascade Natural Gas and the property owner have agreed upon an estimated cost for relocating the gas line. Based upon the agreed estimated cost for relocating the gas line Cascade Natural Gas is in agreement with the proposed alley vacation. i(a) 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 THE NORTH/SOUTH AND EAST/WEST ALLEY IN BLOCK 5, LONGS FIRST ADDITION. 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, when a public purpose is served and the general interest of the City dictates,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 portion of the alley in Block 5, Longs First Addition from the east right-of-way line of Oregon avenue to intersection with the easterly projection of the north line of Parcel # 112-081-328, said parcel being the south 15 feet of Lot 5 and all of Lot 6 Longs First Addition, as depicted in Exhibit "1" be and the same is hereby vacated. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to that portion of the vacated alley described as follows; Beginning at a point on the west right-of-way line of the north/south alley in Block 5, Longs First Addition said point being the northeast corner of Parcel # 112-081-328 said northeast corner being located 15 feet north of the northeast corner of Lot 6, Block 5, Longs First Addition; Thence southerly along the east line of Parcel # 112-081-328 for a distance of 20 feet; Thence easterly along the projection of a line parallel to and 5 feet south of the easterly projection of the north line of Lot 6, Block 5, Longs First Addition for a distance of 5 feet to the True Paint of Beginning; Thence southerly along a line parallel to and 5 feet east of the east line of Parcel # 112-081-328 to the intersection with the north line of Lot 11, Block 5, Longs First Addition; Thence easterly along the north line of said Lot 11, to the northeast corner of said Lot 11; Thence northerly two feet to the intersection with a line 2 feet north and parallel to the north line of Lot 12, Block 5, Longs First Addition the same line being the southerly line of the alley vacated in Section 1 above; Thence easterly along the south line of said vacated alley to the east right-of-way line of said vacated alley; Thence northerly along the east right-of-way line of said vacated alley to the intersection with the projection of a line; Thence easterly along vacated alley to the east 1 WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3`d Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF THE NORTH/SOUTH AND EAST/WEST ALLEY IN BLOCK 5, LONGS FIRST ADDITION. 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, when a public purpose is served and the general interest of the City dictates, 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 portion of the alley in Block 5, Longs First Addition from the east right-of-way line of Oregon avenue to intersection with the easterly projection of the north line of Parcel # 112-081-328, said parcel being the south 15 feet of Lot 5 and all of Lot 6 Longs First Addition, as depicted in Exhibit"I" be and the same is hereby vacated. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to that portion of the vacated alley described as follows; Beginning at a point on the west right-of-way line of the north/south alley in Block 5, Longs First Addition said point being the northeast corner of Parcel# 112-081-328 said northeast corner being located 15 feet north of the northeast corner of Lot 6, Block 5, Longs First Addition; Thence southerly along the east line of Parcel # 112-081-328 for a distance of 20 feet; Thence easterly along the projection of a line parallel to and 5 feet south of the easterly projection of the north line of Lot 6, Block 5, Longs First Addition for a distance of 5 feet to the True Point of Beginning; Thence southerly along a line parallel to and 5 feet east of the east line of Parcel # 112-081-328 to the intersection with the north line of Lot 11, Block 5, Longs First Addition; Thence easterly along the north line of said Lot 11, to the northeast corner of said Lot 11; Thence northerly two feet to the intersection with a line 2 feet north and parallel to the north line of Lot 12, Block 5, Longs First Addition the same line being the southerly line of the alley vacated in Section 1 above; Thence easterly along the south line of said vacated alley to the east right-of-way line of said vacated alley; Thence northerly along the east right-of-way line of said vacated alley to the intersection with the projection of a line; Thence easterly along vacated alley to the east 1 right-of-way line thereof; Thence northerly along the east right-of-way line of said vacated alley to the intersection with the easterly projection of a line parallel to and 5 feet south of the easterly projection of the north line of Lot 6, Block 5, Longs First Addition; Thence westerly along said projected line to the true point of beginning as depicted in Exhibit#2. Said easement is 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 7t`day of April, 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L.Kenworthy Leland B. Kerr Deputy City Clerk City Attorney 2 � `6±Y..�t-.w-•AM, 3 y.WL•�"aw^t t•1v 1' �i+.•xt ' VEy {. •�+� MAI rM F t -. • mot' , �� grhR' y A J"�y`.•, r r t..0 - .rte r� s�w'i}^r��G'•��r,+r". •��-q.wX a "r�+�•"'�� � Sd � "� S. IN. �� 'c :�• � :1! eC+� � � ;:. . Am wt r w�i 1 • -} � 'rr yx��.i'r.�?'��• - - ,.,�'t �.#. •-:•°, y�„,•� r^-, tt. sr.t.' r'ty'• ��.? ". !y^r_. ,f'r "" �. Li' 'y y 7 r5,r� t'•:i' • " \` ,•` •yR�� jet. t'��• _ .l- 1� y.,, Y. 1, •S After Recording, Return To: City of Pasco, Washington Attn: City Planner 525 North 3`d Pasco, WA 99301 DEDICATION DEED Tax Parcel No. 112-081-328 THE GRANTOR(S), 1%adYlia hM by donation pursuant to RCW 35A.79.010, dedi ates, conveys and quit claims to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right-of-way, all interest in the south 15 feet of Lot 5, and the north 5 feet of Lot 6, Block 5 Longs First Addition. DATED this J day of�_, 2008. GRANTOR(S) Owner(s) STATE OF WASHINGTON ) ss. County of King ) On this Sim day of bws.✓ , 2008, before me, the undersigned, duly commissioned and sworn, personaffy appeared Lc e_ to me known to be individual(s) described above and who executed the within and foregoing instrument as owner(s) of record, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. HO ,��grrrrrrry�� Al -4 -4 e- 3`nd and official seal this �� L► day o 2008. •ctiOTaR�'••••: g: Print Name: '^ ltNcGS • NOTARY PUBLIC iii-land for the S to^ashingfen CN:•9�JBL4�' � :_ Residing at: , W y.9�:'•./C 26.��•'G'��� My Commission Expires: lv-1 ���6 b W ArwN� •• •:•x . W y_x • •' - Irk Is k �,� — a.�,0 e4 Or,�:.�p• �.4"nXf.b'` '1 �• M�t ,,�,•�y}•�y.!"" �, _ Fyn. �?,• _{�S '.". �:_ 'fir�� .�;i. 11, �k� t `4, a'�Yr �� e .s-�f �.,,,•Pn'",en`r aS'rgMT"r3y- '• '•,�''�'!�� I r' ''� g_'� , �4 - ,�': ,'+'��_ r.. l .c�ry !i: ii•>.W::-wr.'v%�!WF '1'4 r.� - •� 1j,� � i.�i�> .•�. ! . �: . �,�-s• � : y1'42: •. ;r a �j ',St :_A,•M:'n'. �`4 .!- •} 1',r 1, .' R'AN 'ir�'p�q�p� • t its. r` t ws '��i ''yy{�','. 4�xT3, �yb.%�Y ,i •1 11 ,•x•1 �11' W .. Sy `"x4 't1" .�,. 'F' 4y;rY.i �r"-' - 't '\ •t 1.x .tf.�''. :.::. y. . A�4• F�l � I y t �V 3 t, •'���', % �yam,'..../'•� .' � s •'S. `�°m�,,�� r3 ` S��.� `•✓ :l�k.:'�jr �.`� � 'ta ^I� X14 8 i�,.� ,,`,�•. 1`` .�, ` y� �"-^ d'•+y •i: :��t'• .:rr' `,�"` �' w ::... :y,'•.ri'i t. 4 Ni ti. `•..f;':: ,ss IL U.', :x Th. • _. 4 y`';� �fu :,rv.,' ', � 1 ��'./ ,R �: �`, Rif l a ,�,+. �•yam,.� 1 , legs� "1'� � ,L.� •„ •Y'iyar.:' �,,^�. :. . T�'•' '�' '� ��i /^ L,s:. . 1`. _Fi ,e x'44 1+.. r• =r-'-+' ..'�.1St �:: .:,:: rA ..� K;:tom:�' ^.:;� •i. '.4;�' �'� -•;!.� `�'' ,`\ 1ti 1. es AGENDA REPORT FOR: City Council March 5,2008 TO: Gary Crutchfi anager W/Shop Mtg.: 03/31/08 Stan Strebel, finis at & Communi Services Director Regular Mtg.: 04/07/08 FROM: Debbie Clark, City Clerk SUBJECT: "FOR HIRE—VEHICLES"LICENSING REQUIREMENTS 1 FEES I. REFERENCE(S): 1. Proposed Ordinance,Amending Section 3.07.050"Business Licenses" 2. Proposed Ordinance,Amending Chapter 5.45 "For-Hire Vehicles" II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 03131: Discussion 04/07: Motion: I move to adopt Ordinance No. amending Section 3.07.050(BB) Business Licenses; and authorize the publication by summary only. Motion: I move to adopt Ordinance No. amending Chapter 5.45 For-Hire Vehicles, of the Pasco Municipal Code; and authorize the publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Pasco Municipal Code provides for processing of For-Hire Vehicle licensing and permits by the Finance Manager. Currently, such applications are handled through the office of the City Clerk. Many of the proposed revisions are to accurately reflect current business license procedures. B) Staff also proposes amendments to add clarity to the Code and conformity to State standards: Two new definitions are proposed for "Operator's Vehicle License" and "Operators Business License" to distinguish between the types of licenses actually issued and required. The incorporation of State law language on the qualifications and application requirements for drivers of For-Hire vehicles is proposed to insure consistency in the issuance of such licenses. (See PMC 5.45.100 and 5.45.110) C) As has been City practice, fees for permits and applications are set forth in Chapter 3.07 of the PMC. Staff has prepared an ordinance to amend to Section 3.07.050 "Business Licenses" which reflects current fees charged for processing and vehicle transfer. Staff recommends the adoption of both ordinances. 8(a) ORDINANCE NO. AN ORDINANCE amending Section 3.07.050 "Business Licenses" of the Pasco Municipal Code. WHEREAS, the City Council of the City of Pasco has determined that certain amendments to the Pasco Municipal Code regarding Business License Fees is warranted; NOW, THEREFORE, the City Council of the City of Pasco, Washington, Does Ordain as follows: Section 1. That Section 3.07.050 BUSINESS LICENSES of the Pasco Municipal Code is amended to read as follows: Fee/Charge Reference BB) For-Hire Vehicles (maximum of $50.00 5.45.050 $500.00)—per vehicle 1) Driver's Permit Fee $50.00 5.45 080 5.45.090 2) Operator's License--vehicle transfer $5.00 5.45.070 3) Photograph $5.00 5.45.110 4) Fingerprints $10.00 5.45.110 5) Criminal history check $30.00 5.45.110 Section 2. 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 of the City of Pasco at its regular meeting this day of , 2008. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney ORDINANCE NO. AN ORDINANCE amending Chapter 5.45 "For-Hire Vehicles" of the Pasco Municipal Code. WHEREAS, the City Council of the City of Pasco has determined that certain amendments to the Pasco Municipal Code regarding For-Hire Vehicles is warranted; NOW, THEREFORE, the City Council of the City of Pasco, Washington, Does Ordain as follows: Section 1. That Section 5.45 FOR-HIRE VEHICLES of the Pasco Municipal Code is amended to read as follows: 5.45.010 PURPOSE. The provisions of this chapter shall be deemed an exercise of the power of the City to license and regulate. (Ord. 3335 Sec. 2, 1998.) 5.45.020 GENERAL PROVISIONS. The provisions of this chapter shall apply whether or not the Operator's business office is located within the City of Pasco. Unless otherwise specified, the Finanee Manage City Clerk shall administer the provisions of this chapter. The Finance Mamger- may I provision of this ehaptff (e;her than the requirements of 5.45.040 te 5.45.080) if the Opef-ater, DfiveF or- applicant, as the ease may be, has r6amplied "A Washington, or- the lWashifigten Jutilkies and TranspeftAien Commission. The Finanee ....ver sh-11 not be un,-,easenably withheld or- . (Ord. 3560 Sec. 36, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.030 DEFINITIONS. A) "Driver" as used in this chapter means any person driving a For-Hire Vehicle. B) "For-Hire Vehicle" as in this chapter means any privately-owned motor vehicle used for the conveying of passengers for hire within the City. C) "Operator" as used in this chapter means any person, firm, partnership, or corporation who shall engage in the business of conveying passengers by For-Hire Vehicle. (Ord. 3335 Sec. 2, 1998.) D) "Operator's Vehicle License" as used in this chapter means the license to operate a For-Hire Vehicle as approved by the Chief of Police and issued by the City of Pasco. E) "Operator's Business License" as used in this chapter means the business license issued by the City of Pasco to conduct a for-hire vehicle business within the City of Pasco city- limits. 5.45.040 OPERATOR'S VEHICLE LICENSE. No For-Hire Vehicle shall be used in the City unless such vehicle is licensed pursuant to Section 5.45.050 hereof. (Ord. 3335 Sec. 2, 1998.) 5.45.050 OPERATOR'S VEHICLE LICENSE - ISSUANCE. The Finanee Manage City Clerk shall, upon finding the applicant has met the requirements set forth in this chapter, issue the applicant an Operator's Vehicle License for its For-Hire Vehicles. The annual fee for each License issued shall be as set forth in Chapter 3.07 of this code per vehicle. The maximum annual license fee will be as set forth in Chapter 3.07 of this code for annual vehicle licensing, regardless of the number of vehicles licensed. Each Vehicle License shall bear a serial number and a brief description of the vehicle Licensed, the name and address of the Operator, and the Operator's state License number, in addition to the License required pursuant to section 5.45.060. (Ord. 3560 Sec. 37, 2002; Ord, 3335 Sec. 2, 1998.) 5.45.060 OPERATOR'S BUSINESS LICENSE - TERM. Each Operator's Business License shall be valid for one year from issue, and no fractional License shall be issued. Such license shall begin January 1st of each year and terminate the following December 31st, and must be renewed annually on the first regular business day of January, but in no case later than the last regular working day of February each mar. (Ord. 3335 Sec. 2, 1998.) 5.45.070 OPERATOR'S VEHICLE LICENSE TRANSFER. Exeep' as provided in No operator's vehicle license shall be transferred from one person to another; provided; however an Operator may add or delete For-Hire Vehicles to or from its License for a fee of five loll.,, ($5,00 , as set forth in Chapter 3.07 of this code, for each addition and deletion. (Ord. 3335 Sec. 2, 1998.) 5.45.080 OPERATOR'S BUSINESS LICENSE - SALE. An Operator's Business License may not be transferred , whieh she4l net be up,&easenably wi"eld. A transfer- fee as set fefth in Chapter- 3.07 of this eede shall be requifed for- eaeh appreved transfer-. (Ord. 3560 Sec. 38, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.090 DRIVER'S PERMIT - FEE. No person shall drive a For-Hire Vehicle within the City without first obtaining a Driver's Permit. No Operator shall utilize a Driver who is not permitted as provided herein. A fee of fifty dellar ($50.00), as set forth in Chapter 3.07 of this code, shall accompany the application for the Permit. In all cases where an Operator desires to act as a Driver, he shall, in addition to the requirements for the Operator's License, secure a Driver's Permit. (Ord. 3335 Sec. 2, 1998.) 5.45.100 DRIVER'S PERMIT - QUALIFICATIONS. No person shall be issued a Driver's Permit unless the person: A) Is at least eighteen (18)twenty-one (2 1) years of age and possesses of a valid state driver's license; and B) Complies with all state laws and regulations relating to For-Hire Vehicles and provides a copy of such proof including but not limited to the following 1 Proof of age—21 years or older 2. Valid State of Washington driver's license 3. Proof of UBI 4. Proof of insurance(liability property insurance) 5. Proof of annual State of Washington vehicle inspection 6. Proof of successfully completing, a training course approved by Washing—ton State Department of Licensing 7. Proof of successfully having passed a written examination approved by Washing-to n State Department of Licensing (renew every 3-years) 8. Copy of a medical certificate certifying the individual's fitness as a chauffeur renew every 3- ey, ars). The applicant shall file with the Finanee Manages City Clerk an application on a form furnished by the Finn ee Manage City Clerk, which shall be signed and sworn to by the applicant and which shall set forth the following facts concerning the applicant: Name, height, weight, color of hair and eyes, residence address, place and date of birth, length of time a resident in Pasco, whether a citizen or non-citizen, last place of employment, whether previously permitted and,,if sot where and whether or not the Permit was ever suspended or revoked and, for what cause, and such other information as the Fiffanee ManageF City Clerk may require. (RCW 46.72., RCW 46.72A and RCW 81.72)(Ord. 3560 Sec. 39, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.110 DRIVER'S PERMIT - REQUIREMENTS. Before a Driver's Permit shall be issued, the applicant shall submit to and / or supply the following to the Pasco Police Department: A) To being fingerprinted for a non-refundable fee as set forth in Chapter 3.07 of this code; B) Photographed annually for a non-refundable fee, as set forth in Chapter 3.07 of this code: C) Driver's check; D) Criminal history check – one time non-refundable fee e98, as set forth in Chapter 3.07 RCW 46.72 RCW 42.72A and RCW 81.72 E) Health Department TB test results on an annual basis, and F) Outstanding warrants check. to being fingerprinted and ed. The-Feliee A) A driver's ,.�. , anA C) An outstanding waffants eheeK'-. The Chief of Police shall €tom not_ ify the Finame Manage City Clerk with the approval or disapproval of a repeft an the applicant's qualifications and police r°^^rx, if any . (Ord. 3335 Sec. 2, 1998.) 5.45.120 DRIVER'S PERMIT - APPROVAL. If the applicant possesses the qualifications described above and has no felony convictions within the past five (5) years, then the City Clerk shall approve the application. if the Fiflanee Manager- fejeeis the . pheation, the ., ,.1:,.a t may appeal the decision to the City !`a,,nei . (Ord. 3560 Sec. 40, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.130 DRIVER'S PERMIT - CARD. A) Upon the finding that the applicant has met the requirements of this chapter, the Finanee Manage Chief of Police shall cause to be issued a card bearing the name and description, including an annual updated photo of the Driver, which card shall be carried on the Driver's person at all times when he is operating a For-Hire Vehicle. I 6 Proof of successfully completing; a training course approved by Washington State Department of Licensing 7 Proof of successfully having passed a written examination approved by Washington State Department of Licensing (renew every 3-years 8 Copy of a medical certificate certifying the individual's fitness as a chauffeur (renew every 3-years). The applicant shall file with the huger City Clerk an application on a form furnished by the Finanee Manage City Clerk, which shall be signed and sworn to by the applicant and which shall set forth the following facts concerning the applicant: Name, height, weight, color of hair and eyes, residence address, place and date of birth, length of time a resident in Pasco, whether a citizen or non-citizen, last place of employment, whether previously permitted and,if so,where and whether or not the Permit was ever suspended or revoked and,for what cause, and such other information as the Finanee Manage City Clerk may require. (RCW 46.72., RCW 46.72A and RCW 81.72)(Ord. 3560 Sec. 39, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.110 DRIVER'S PERMIT - REQUIREMENTS. Before a Driver's Permit shall be issued, the applicant shall submit to and / or supply the following to the Pasco Police Department: A) To being fingerprinted for a non-refundable fee as set forth in Chapter 3.07 of this code; B) Photographed annually for a non-refundable fee as set forth in Chapter 3.07 of this code; C) Driver's check; D) Criminal history check — one time non-refundable fee 4430,00, as set forth in Chapter 3.07 RCW 46.72 RCW 42.72A and RCW 81.72 E) Health Department TB test results on an annual basis; and F) Outstanding warrants check. to bend=ger-pr-inted--and photographed. he Poliee A) A dfiyor'n ehee ; e C) An eutst ding wa ants eherk. The Chief of Police shall €wish notify the Finanee Manage City Clerk with the approval or disapproval of a r-epartan the applicant's qualifications and peliee Feeer- , if a (Ord. 3335 Sec. 2, 1998.) 5.45.120 DRIVER'S PERMIT - APPROVAL. If the applicant possesses the qualifications described above and has no felony convictions within the past five (5) years, then the City Clerk shall approve the application. if the F;.,.nee Manager- °ejeets the „l; atio the pli nt may appeal the deeisien to the r:., Co :i (Ord. 3560 Sec. 40, 2002; Ord. 3335 Sec, 2, 1998.) 5.45.130 DRIVER'S PERMIT - CARD. A4 Upon the finding that the applicant has met the requirements of this chapter, the r•:n",^e "finnane Chief of Police shall cause to be issued a card bearing the name and description, including an annual updated photo of the Driver, which card shall be carried on the Driver's person at all times when he is operating a For-Hire Vehicle. B) The Finanee Manager- shall issue a tempefaFy peFmit and eaf d pending eempletieft of the entire feview deser-ibed in 5.45.110, provided that the resulis of the in"ify deser-ibed in 5.4 5.110 (a) (e) indioate that the appheant has no feleffy eenv ietions within the past five (5) years. (Ord. 3560 Sec. 41, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.140 FOR-HIRE VEHICLE CONDITION - INSPECTION. All vehicles operating under authority of this chapter shall be annually inspected by a certified mechanic acceptable to the Chief of Police, ensuring that each For-Hire Vehicle is clean, properly equipped and in a safe operating condition. With regard to each vehicle inspected, the inspector shall certify that: A) All lights and reflectors are operable; B) All turn signals are operable; C) Wiring is in good condition; D) Battery is in good condition and is properly secured; E) Vehicle brakes are in good condition; F) Parking brake is in good condition; G) All windows (including windshield) are in good condition; H) All windows are operable (open and close); I) Windows are not obstructed; 3) Fuel tank does not leak, and is in good condition; K) Fuel lines are in good condition; L) Tires are in good condition; M) Heater is operable; N) Windshield wipers are operable; O) Defroster is operable; P) Speedometer is operable; Q) Exhaust system is in good condition; R) Floor is free of holes and openings; and S) Seat belts are operable and in good condition. (Ord. 3560 Sec. 42, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.150 INSURANCE. Each Operator and Driver must maintain, during the term of a License or Permit, as the case may be, insurance or a bond as prescribed by RCW 46.72. (Ord. 3335 Sec. 2, 1998.) 5.45.160 ADDITIONAL PASSENGERS. No Operator or Driver shall place additional passengers in a For-Hire Vehicle without first securing the consent of the person or persons by whom it was first engaged. No vehicle shall carry more passengers that than specified in its manufacturer's specifications. (Ord. 3335 Sec. 2, 1998.) 5.45.170 FARES. A) There shall be conspicuously displayed in each For-Hire Vehicle, and at such other places as may be required by the City, a schedule of fares to be charged for conveying passengers within the City. B) An Operator or Driver shall charge no more than the scheduled fare. Each Operator shall maintain a current fare schedule on file with the F-:„a—vee Diff-e to City Clerk. C) Fares shall be determined on an hourly basis or by metering. If fares are metered, meters shall be annually calibrated by the meter's authorized representative. (Ord. 3335 Sec. 2, 1998.) 5.45.180 REVOCATION, REJECTION AND HEARING. A) The Finn~^° Nl,,.,. ,,,- City Clerk may revoke any Driver's Permit if he has there is reason to believe that the Driver: 1) Has been convicted of an offense of such nature as to indicate that he is unqualified or unfit to hold a Driver's Permit; 2) Is guilty of an offense in which mandatory suspension or revocation of the state-issued driver's License is provided by law; 3) Has been convicted of a felony since issuance of the Driver's Permit; 4) Has been convicted of driving while under the influence of alcohol or narcotics; or 5) Has violated any term of this chapter. B) The Finanee Manage City Clerk may revoke any Operator's License if he has there is reason to believe that the Operator has violated any provision of this chapter. C) Notice by the Finanee Manage City Clerk of revocation or rejection of a Driver's Permit or an Operator's License shall be forwarded by certified mail to the holder of the Permit or License (the Holder), or the applicant, as the case may be. 1) If the Holder wishes to contest the revocation or resection, he or she may do so by requesting a hearing before the City Code Enforcement Board. Such request shall be in writing and shall be filed with the Free-Manager- City Clerk on or before the expiration of ten (10) fifteen 15) calendar days from the receipt of the Finanee Manager's City Clerk's notice of revocation or rejection. The Holder shall have the right to present evidence and witnesses at the hearing. 2) The Code Enforcement Board shall have the authority to uphold, modify or reverse the decision of the Finanee Manage Ci . Clerk. 3) The Holder shall have the right to appeal the decision of the Code Enforcement Board to the SiipefiEff City Council. 4) Any revocation which is appealed shall be stayed pending final resolution of the appeal. (Ord. 3560 Sec. 43, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.190 PASSENGERS. It is unlawful for any person to refuse to pay the fare for service rendered under the terms of this chapter. (Ord. 3335 Sec. 2, 1998.) 5.45.200 PENALTY. Any Operator, Driver, or passenger violating or failing to comply with any of the provisions of this chapter shall be guilty of a gross misdemeanor and shall be punishable by a fine not to exceed five thousand dollars ($5,000), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment. (Ord. 3335 Sec. 2, 1998.) 5.45.2 10 DEPOT LICENSE AGREEMENT - When Required. Any Operator desiring to provide For-Hire Vehicle service at the Pasco Transportation Depot, located at 535 North First Avenue, Pasco, Washington, (the Depot) shall first enter into a written Depot license agreement with the City. The Depot license agreement shall grant the Operator priority use of a City- designated passenger pick up and drop off location on the Depot grounds. The Depot license agreement shall authorize the City to charge fees for and to regulate Depot use. Depot license agreements shall be non-exclusive. The City may deny issuance of a Depot license agreement in its sole discretion. No operator shall provide For-Hire Vehicle service from the Depot grounds except as provided herein. (Ord. 3335 Sec. 2, 1998.) C 45 220 BUSINESS IA ESS T If'1~'NSE When Required if 0—per.+t.`r' pal.r l�f - v a' f in additien to t Lieense f-equifed pur-suant to seetien 5.45.040Q(tQ. (Ord. 3560 See. 44, 2002; Ord. 3335 Se f Section 2. 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 of the City of Pasco at its regular meeting this day of , 2008. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney CITY OF PASCO SUMMARY OF ORDINANCE CITY OF PASCO SUMMARY ORDINANCE NO. and ORDINANCE NO. At a regular meeting held , 2008, the Pasco City Council adopted Ordinance No. ; an ordinance amending Section 3.07.050 Business Licenses and Ordinance No. an ordinance amending Chapter 5.45 For-Hire Vehicles. Ordinance amends the Pasco Municipal Code to update Business License fees associated with For-Hire Vehicles; Ordinance provides uniformity with RCW 46.72, RCW 46.72A and RCW 81.72, and clarifies administrative processing of licenses and permits for For-Hire Vehicles. Each Ordinance shall take effect five days after publication in the official newspaper of the City of Pasco. The full text of Ordinance No. and Ordinance No. are available for review and copying on the city website at www.pasco-wa.gov or will be mailed upon request from the City Clerk at 509-545-3402 or P. O. Box 293, Pasco, WA 99301-0293. Sandy Kenworthy, Deputy City Clerk AGENDA REPORT TO: City Council April 4, 2008 FROM: Gary Crutch YI Manager Regular Mtg.: 4/7/08 SUBJECT: Reuse of the ivy Reserve Center I. REFERENCE(S): 1. Vicinity Map 2. Proposed Scope of Work(2 pages) 3. Proposed Budget and Grant Request 4. Proposed Timeline Chart 5. Proposed Resolution H. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 4/07 MOTION: I move to approve Resolution No. , conditionally designating the City of Pasco as the Local Redevelopment Authority for the Wagenaar Army Reserve Center. III. FISCAL IMPACT: Consultant cost estimated at$50,000; 10% local cost requirement ($5,000)plus staff time (estimated at less than $10,000). IV. HISTORY AND FACTS BRIEF: A) The US Army has declared the Wagenaar Reserve Center (a concrete block building on seven acres) at the northeast corner of the intersection of Maitland and Ainsworth surplus to its needs, under the Base Realignment and Closure Act (BRAG); accordingly, the Department of Defense, acting through the Department of the Army, intends to dispose of the property. To do so, BRAC requires a redevelopment plan be prepared by a Local Redevelopment Authority (LRA), intended to optimize use of the property for local purposes and minimize conflicts for federal purposes. B) The Port of Pasco was initially identified as the LRA in May 2006. In January this year, the Port withdrew from the LRA role in view of perceptions that the Port had a conflict of interest, in that the Port also was interested in ownership of the Wagenaar site. Consequently, the Department of Defense Office of Economic Adjustment has requested the city assume the LRA role or identify another eligible and willing jurisdiction. C) Reference No. 2 outlines the basic scope of work required to fulfill the LRA responsibilities. While some of the work has been accomplished by the Port (existing conditions, for example), staff recommends that the outreach basically start over (new process, clean of perceived conflicts). The city does not have sufficient staff to take on the full scope of work on its own; however, staff could oversee a consultant contract to assure fulfillment and scope of work by a consultant working with an appointed LRA committee. The Office of Economic Adjustment (OEA) has indicated it can provide grant assistance to support preparation of the redevelopment plan and homeless assistance submission. s(a) D) Given the potential sensitivities associated with the possible uses of the property, staff recommends Council not be directly involved. Rather, Council should appoint a carefully selected committee to conduct the required reviews, hearings, and evaluations. Ultimately, the committee or Planning Commission should issue the final recommendation to the Army to the best redevelopment plan for the property (the intent of the process is to identify the best use of the property— not the best user). V. DISCUSSION: A) Staff has concluded it is possible for the city to accept the LRA designation, provided OEA provides sufficient grant assistance to employ a qualified consultant. The attached timeline, although somewhat optimistic, reflects completion of the effort in about one year with the aid of a consultant. B) Should Council concur, an appropriate resolution will be prepared for Council action at the April 7 business meeting, to formally accept the LRA responsibility and set forth the expectations of the City Council in taking the action (i.e., grant funding from OEA and subsequent creation of an appropriate decision-making process and committee structure). i• Ain ., Olt' � /�{� it5't. �w' ��_l4• r^' 'M•9 �p `�'sslyc� '��p,�,,.yam e,. r { 4 . AK- `^r Y ,'**t,.�S _,;},� ^-fir ,�-',• •; i� SCOPE OF WORK—Wagenaar Reserve Center, Pasco, WA Task 4: Pre-Project Imperatives • Prepare grant application and apply for Federal assistance Task 1: Project Start-Up • Obtain Consultant assistance (to be completed by City of Pasco staff) • Gather RA information (with consultant assistance) • Request LRA Recognition • Revise Scope of Work for completing the BRAC process as needed (completed by City of Pasco staff with consultant assistance) Task 2: Develop and implement public involvement process and outreach program • Identify stakeholders • Develop plan for public involvement and outreach to homeless assistance providers and public benefit eligible entities • Coordinate identification of regional homeless agencies with HUD • Collect information on homeless needs in the vicinity of the installation (i.e. Continuum of Care, etc) • Prepare Notice of Availability of Surplus Property (outreach notice) and instructions for submitting Notices of Interest • Conduct outreach to homeless assistance providers and public benefit conveyance eligible entities • Hold public workshop for those interested in submitting a Notice of Interest • Provide Notice of Interest applications and instructions to interested homeless assistance providers Task 3: Analysis and Integration of Existing Conditions Investigations and Surveys • Review Buildings inventory • Review Personal Property inventory • Review Environmental Condition of Property Report (ECP) • Provide input on filling of data gaps Task 4: Planning • Develop goals and vision for reuse of the Wagenaar ARC • Evaluate Notices of Interest from homeless assistance providers and public benefit agencies • Identify approximately 3 reuse alternatives for the site for further evaluation • Evaluate adjacent land uses and compatible development options • Determine uses compatible with environmental condition • Develop draft redevelopment plan: ° Objective of plan: Provide a sustainable, comprehensive plan for redevelopment of property that stakeholders and LRA agree upon. ° Redevelopment plan contents: a) facility description, b)requirements for Notice of Interest from interested parties, c) public involvement process, d) discussion of alternative uses, e)redevelopment plans vs. environmental condition, f)proposed land use, g)preferred option for redevelopment, h) schedule for redevelopment, g)preferred conveyance process. The redevelopment plan should be accompanied by a homeless submission that will include, a) description of the homeless needs in the vicinity of the installation, b) description of outreach process followed, c) evaluation of Notices of Interest received from homeless assistance providers, d) description of homeless accommodations, if any, and e) legally binding agreements, if any, reached with homeless assistance providers. ° Redevelopment Plan and Homeless Submission preparation: plan and application to be developed by consultant based on decisions and input provided by LRA. • Hold public hearing to take final comments or remarks • Make use recommendation and finalize redevelopment plan Proposed Schedule: May 09, 2006 Army recognizes City of Pasco LRA Jul-Aug 2008 Develop public process and outreach program Ju128, 2008 Advertise NOI Workshop and Letter to Homeless Agencies Jul-Nov 2008 Existing Conditions Investigations and Surveys Sep 1, 2008 NOI Workshop Nov 4, 2008 Minimum 90-day NOI acceptance period ends Nov 2008-Feb 2009 Develop Property Alternatives Nov 2008-Feb 2009 Refine Concept and develop Preliminary Alternatives Dec 2008-Feb 2009 Prepare Draft Redevelopment Plan Jan 26 2009 Maximum 180-day NOI acceptance period ends Feb 2, 2009 Homeless and PBC applications due Feb 2, 2009 Public Hearing on Draft Redevelopment Plan Feb-May 2009 Make Use Recommendation and Finalize Redevelopment Plan May 4, 2009 Submit Plan to Army and HUD Proposed Budget and Grant Request Wagenaar Reserve Center Pasco WA Object Class Categories Total Grant Request Federal Share Local Share OrganlzatioNAdmiMstratlon Personnel Jeff Adams,Associate Planner 230 Hrs at$24.9411-Ir $ 5,736.20 $ 5,162.56 $ 573.62 Fringe Benefits Jeff Adams,Associate Planner,230 Hrs at$9.23/Hr $ 2,122.39 $ 1,910.15 $ 212.24 (Amount shown is 37%of base salary,consistenly applied for similar positions) Personnel&Fringe Sub-Total $7,858.591 $ 7,072.73 $ 785.86 Travel $ 0 $ 0 $ 0 Admin Ofc Expenditures Sub-Total $ 0 $ 0 $ 0 Equipment $ 0 $ 0 $ 0 Equipment Sub-Total $ 0 $ 0 $ 0 Supplies Photocopies,Mailings,Binders $ 360.00 $ 324.00 $ 36.00 Supplies Sub-Total $ 360.00 $ 324.00 $ 36.00 Or an.lAdmin.Total $8,218.59 $ 7,396.731 $ 821.86 Contractual Services Task 1 (see Scope of Services) _ _ $ 10,000.00 $ 9,000.00 $ 1,000.00 Task 5(see Scope of Services) $ 30,000.00 $ 27,000.00 $ 3,000.00 Contractual Services Total $ 40,000.00 $ 36,000.00 $ 4,000.00 TOTAL $48,218.59 $ 43,396.73 $ 4,821.86 Indirect Charges Rate 0% $ 0 $ 0 $ 0 GRAND TOTAL $ 48,218.59 1 $ 43,396.73 1 $ 4,821.86 Wagenaar Reserve budget 03-21-2008.x15 Page 1 of 1 Printed 3/24/2008 st 8:54 AM c � a N ` r Q (� co � O N u. e M 6 'C � � a o > G I Z 0 a m N a C cc 7 L w c co C$ CO C0 CO a> C) rn rn CD o F- oO � o d C N N N = N 0 O O O O W N N N N N � ri � �N r. Y T N N N C C) O t0 co cu 0 CL C co co co co co w f ° ° ° O 0a r o a° o O ¢ N N N N N N f2 N x C (6 Ib d Q C S m (a R X O O T > Q CO N ❑ CO E N A O R = cc U E C Z W = E T = O y o m c E 4) M °7 > c c m o c m ca m O. ca` rn c ¢ d E cc O ° IV E Q. w w m O ° c W y 0 0 0 E c °' m o � zUn. ❑ p m d � � E U ° a E O > c O c Q U > C- '0p Y E U G ¢ � 4>) Xw0 CL a m U) 0 O RESOLUTION NO. A RESOLUTION conditionally designating the City of Pasco as the Local Redevelopment Authority for the Wagenaar Army Reserve Center. WHEREAS, the U.S. Army Reserve Center, situated at the northeast corner of the intersection of Ainsworth and Maitland in Pasco, has been declared surplus to the needs of the federal government under the Base Realignment and Closure Act(BRAC) of 2004; and WHEREAS, the BRAC surplus property disposal process requires a redevelopment plan for future use of the property be prepared by a "Local Redevelopment Authority" (LRA) taking into account evaluations by appropriate agencies and proposals by interested parties; and WHEREAS, the Port of Pasco initially commenced the LRA process in 2006 but withdrew from that role in January 2008, in view of a perceived conflict of interest due to the Port's declaration of interest in acquiring the surplus property; and WHEREAS,the Pasco City Council, after being assured of the availability of federal grant funds to carry out the LRA planning process to its conclusion and reserving the discretion to define the most appropriate planning process, consistent with applicable federal laws and regulations, believes the City of Pasco to be the most appropriate local jurisdiction to assume the LRA responsibilities necessary to accommodate the Army's disposal of the reserve center; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1: That the City Council hereby designates the City of Pasco and requests recognition by the US Department of Defense, through the Office of Economic Adjustment, as the Local Redevelopment Authority (LRA) for the Wagenaar Army Reserve Center located in Pasco, Washington, with the following expectations: A) The City of Pasco will receive grant funds from the US Department of Defense Office of Economic Adjustment (OEA), for the city to employ a qualified consultant for the execution of the scope of work generally as outlined in Exhibit"A" attached hereto; B) The City Council reserves the authority to define the planning and decision making process within its purview and in accordance with applicable federal law and rules. Section 2: That the City Manager is hereby authorized and directed to undertake all administrative actions necessary and appropriate to carry out the LRA responsibilities upon such designation by the US Department of Defense, but only after approval of a contract with OEA for the receipt by the city of sufficient grant funds to perform the scope of work in Exhibit"A." PASSED by the City Council of the City of Pasco this 71h day of April, 2008. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Exhibit "A" SCOPE OF WORK—Wagenaar Reserve Center, Pasco, WA Task 0: Pre-Project Imperatives ■ Prepare grant application and apply for Federal assistance Task 1: Project Start-Up • Obtain Consultant assistance(to be completed by City of Pasco staff) • Gather RA information (with consultant assistance) • Request LRA Recognition • Revise Scope of Work for completing the BRAC process as needed (completed by City of Pasco staff with consultant assistance) Task 2: Develop and implement public involvement process and outreach program • Identify stakeholders • Develop plan for public involvement and outreach to homeless assistance providers and public benefit eligible entities • Coordinate identification of regional homeless agencies with HUD • Collect information on homeless needs in the vicinity of the installation (i.e. Continuum of Care, etc) • Prepare Notice of Availability of Surplus Property(outreach notice) and instructions for submitting Notices of Interest • Conduct outreach to homeless assistance providers and public benefit conveyance eligible entities • Hold public workshop for those interested in submitting a Notice of Interest • Provide Notice of Interest applications and instructions to interested homeless assistance providers Task 3: Analysis and Integration of Existing Conditions Investigations and Surveys • Review Buildings inventory • Review Personal Property inventory • Review Environmental Condition of Property Report (ECP) • Provide input on filling of data gaps Task 4: Planning • Develop goals and vision for reuse of the Wagenaar ARC • Evaluate Notices of Interest from homeless assistance providers and public benefit agencies • Identify approximately 3 reuse alternatives for the site for further evaluation • Evaluate adjacent land uses and compatible development options • Determine uses compatible with environmental condition • Develop draft redevelopment plan: ° Objective of plan: Provide a sustainable, comprehensive plan for redevelopment of property that stakeholders and LRA agree upon. Redevelopment plan contents: a) facility description, b) requirements for Notice of Interest from interested parties, c)public involvement process, d) Page 1 of 2 Exhibit "A" discussion of alternative uses, e)redevelopment plans vs. environmental condition, f) proposed land use, g) preferred option for redevelopment, h) schedule for redevelopment, g)preferred conveyance process. The redevelopment plan should be accompanied by a homeless submission that will include, a) description of the homeless needs in the vicinity of the installation,b) description of outreach process followed, c) evaluation of Notices of Interest received from homeless assistance providers, d) description of homeless accommodations, if any, and e) legally binding agreements, if any, reached with. homeless assistance providers. ° Redevelopment Plan and Homeless Submission preparation: plan and application to be developed by consultant based on decisions and input provided by LRA. ■ Hold public hearing to take final comments or remarks ■ Make use recommendation and finalize redevelopment plan Proposed Schedule: May 09, 2006 Army recognizes City of Pasco LRA May- June 2008 Develop public process and outreach program June 07, 2008 Advertise NOI Workshop and Letter to Homeless Agencies July 12, 2008 NOI Workshop September 7, 2008 Minimum 90-day NOI acceptance period ends Sept - Dec 2008 Existing Conditions Investigations and Surveys December 7, 2008 Maximum 180-day NOI acceptance period ends Oct 06 - Feb 2009 Develop Property Alternatives Oct 25, 2008 Advertise 2" Workshop and Letter to Homeless Agencies (Not necessary) Nov 14, 2008 2nd NOI Workshop (Not necessary) Feb 05, 2009 Homeless and PBC applications due Mar - Jun 2009 Refine Concept and develop Preliminary Alternatives Jun - Aug 2009 Prepare Draft Redevelopment Plan Sep 2009 Public Hearing on Draft Redevelopment Plan Sep - Oct 2009 Make Use Recommendation and Finalize Redevelopment Plan Oct 31, 2009 Submit Plan to Army and HUD Page 2 of 2 AGENDA REPORT NO. 16 FOR: City Council April 2, 2008 TO: Gary Crutchfi anager Robert J. Alb u c Works Director Stan Strebel, A ministration & Com ervices Director FROM: Michael McShr�ity Engineer Regular Mtg.: 04/07/08 SUBJECT: Award Sacagawea Heritage Trail Phase 2, Project #06-6-02 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 04/07: MOTION: I move to award the low bid for the Sacagawea Heritage Trail Phase 2 Project, #06-6-02 to A&B Asphalt, Inc. in the amount of $516,094.65, which includes Alternate 1, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Capital Improvement Fund— $98,094.65 WSDOT Trans.Enhancement Fund—$418,000.00 IV. HISTORY AND FACTS BRIEF: A) On April 2, 2008 staff received four (4) bids for the Sacagawea Heritage Trail Phase 2 Project, #06-6-02. The low bid was received from A&B Asphalt, Inc. in the amount of $516,094.65, which includes Alternate 1. The second lowest bid was received from Granite Northwest, dba Transtate Asphalt in the amount of $536,079.39, which includes Alternate 1. The Engineer's estimate for this project is $599,038.30, which includes Alternate 1. One bid was non-responsive and was rej ected. V. DISCUSSION: A) The project will install the final piece of the Sacagawea Heritage Trail in Pasco. It will involve the lowering of the Army Corps of Engineers' levee between 10th Avenue and the BNSF Bridge, allowing for the installation of approximately 4,500 feet of paved trailway. The project will also install 1,100 feet of trail along Ainsworth Avenue allowing for pedestrian and bicycle traffic to connect to the existing trail east of Ainsworth Avenue. Staff recommends award of this contract to A&B Asphalt, Inc. 10(a) City of Pasco Sacagawea Heritage Trail, Phase 2 Project #06-6-02 April 2, 2008 BID SUMMARY 1. A&B Asphalt, Inc. $5165094.65 2. Granite Northwest, dba Transtate Asphalt $5367079.39 3. Ray Poland & Sons, Inc. $639,720.10 1 ► 1 , ��"+"r11���;�� • ��1 1 �w� .` �� �� � t �� •,� � ) * 1. >+� k��• , � � +�'��A�y 1,3jrf �Y1, 4 '��j l • e see ■r `i �1 s sit . .. WE 05 MR 31,jr its op obw PROJECT LIMITS CITY OF PAS_ C O i�,�ii lil j� J At�i►