HomeMy WebLinkAbout2008.06.16 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. June 16,2008
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 June 9, 2008.
(b) Bills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
I. To approve General Claims in the amount of$2,771,898.00 ($98,918.95 in the form of Wire
Transfer Nos. 4979 and 4992 and, $2,672,979.05 consisting of Claim Warrants numbered
166278 through 166512).
2. 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$190,047.45 and, of that amount, authorize $151,207.99 be
turned over for collection.
(c) Appointments to Senior Services Advisory Committee: (NO WRITTEN MATERIAL ON
AGENDA)
To reappoint Linda Hendrickson-Patrick to Position No. 3 on the Senior Services Advisory
Committee, with an expiration date of 4/1/11.
(d) Appointments to Parks and Recreation Advisory Council: (NO WRITTEN MATERIAL ON
AGENDA)
To appoint Grace Adams to Position No. 1, and Tom Davenport to Position No. 2 on the Parks
and Recreation Advisory Council, both positions with an expiration date of 2/2/11.
*(c) Public Facilities District Board Appointment:
1. Agenda Report from Gary Crutchfield, City Manager dated June 12,2008.
2. Application(1)(Council packets only)
To reappoint Mark Morrissette to Position No. 2 on the Public Facilities District Board of
Directors with an expiration date of 7/14/12.
(€) Amendments to Animal Control Operating Agreements:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
June 3, 2008.
2. Amendment No. 2 to ACA Interlocal Agreement.
3. Amendment No. 1 to ACA Operating Jurisdiction Agreement.
To approve Amendment No. 2 to the Interlocal Agreement for Animal Control and, further,
authorize the Mayor to sign the agreement.
-AND-
To approve Amendment No. 1 to the Operating Jurisdiction Agreement for the Animal Control
Authority and, further, authorize the Mayor to sign the agreement.
(g) Renewal Agreement Prosecutorial Services:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
May 27, 2008.
2. Proposed Agreement.
To approve the agreement for prosecutorial services and, further, to authorize the City Manager
to sign the agreement.
(h) Legislative Consultant Agreement:
1. Agenda Report from Gary Crutchfield, City Manager dated June 5, 2008.
2. Proposed Agreement.
To approve the agreement with Gordon Thomas Honeywell Governmental Affairs for legislative
consultant services and, further, authorize the City Manager to sign the agreement.
Regular.Meeting 2 June 16,2008
*(i) Resolution No. 3082, a Resolution accepting work performed by Planned and Engineered
Construction, Inc.,under contract for the 2007 Sewer Lining Project No. 07-1-04.
1. Agenda Report from Michael McShane, City Engineer dated June 3,2008.
2. Resolution.
To approve Resolution No. 3082, accepting the work performed by Planned & Engineered
Construction, Inc., under contract for the 2007 Sewer Lining Project No. 07-1-04.
*(j) Resolution No. 3083, a Resolution accepting work performed by A&B Asphalt under contract
for the Road 28/Road 26/Brown Street Improvements Project No. 06-3-08.
1. Agenda Report from Michael McShane, City Engineer dated May 30, 2008.
2. Resolution.
To approve Resolution No. 3083, accepting the work performed by A&B Asphalt,under contract
for the Road 28/Road 26/Brown Street Improvements Project No. 06-3-08.
*(k) Resolutions No. 3084, a Resolution fixing the time and date for a Public Hearing to consider the
vacation of a portion of Washington Street and a Portion of 13''Lane.
1. Agenda Report from David I.McDonald,City Planner dated June 9, 2008.
2. Proposed Resolution and Vicinity Map.
3. Vacation Petition.
To approve Resolution No. 3084, fixing 7:00 p.m., July 21, 2008 as the time and date for a public
hearing to consider the proposed vacation.
(Rc) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(c)
5. VISITORS -OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b) Financial Services Manager: General Fund Operating Statement through May 2008.
(c)
7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(None).
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
(a) Ordinance No. an Ordinance relating to comprehensive land use planning and
adopting a new GMA Comprehensive PIan for the City of Pasco.
1. Agenda Report from David I. McDonald, City Planner dated June 12, 2008.
2. Proposed Ordinance.
3. Draft Comprehensive Plan.
NOTE: Draft Comprehensive Plan is in Council packets only; copies available in the Planning
Office, the Pasco Library or on City's webpage at www_pasco-wa.gov for public review.
MOTION: I move to adopt Ordinance No. , establishing a new Comprehensive Plan for
the City of Pasco.
(b) Resolution No. , a Resolution adopting the revised and extended Comprehensive
Street, Storm Drain and Bridge Programs for the City of Pasco.
1. Agenda Report from Michael McShane, City Engineer dated June 2, 2008.
2. Proposed Plan.
3. Resolution.
4. Map.
MOTION: I move to approve Resolution No. , thereby adopting the City's Six-Year
Transportation Improvement Plan for 2009-2014.
Regular Meeting 3 June 16, 2008
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
(a) Argent Road Widening from Road 76 to Road 84:
1. Agenda Report from Michael McShane, City Engineer dated June 12, 2008.
2. Vicinity Map.
3. Section Maps.
MOTION 1: I move to approve the three-lane design for Argent Road adjacent to Chiawana
High School.
-AND-
MOTION 2: I move to approve city payment of 50% of Road 84/Argent Road traffic signal and
100%of the sidewalk on the south side of Argent Road between Roads 76 and 84.
-AND-
MOTION 3: I move to approve city payment of ( �% of/ $ for) Argent
Road roadway improvements between Roads 76 and 84.
(b) Grand Old Fourth Agreement:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
June 12, 2008.
2. Proposed Interlocal Agreement.
MOTION: I move to approve the Interlocal Agreement with Franklin County for co-sponsorship
of the 2008 Grand Old Fourth and, further, authorize the Mayor to sign this agreement.
*(c) Award Burden Boulevard Improvements Project:
1. Agenda Report from Michael McShane, City Engineer dated June 12, 2008.
2. Vicinity Map.
3. Bid Summary.
(nc) MOTION: I move to award the low bid for the Burden Boulevard Improvements to A&B
Asphalt, Inc., in the amount of$58,960.00 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. 6:00 p.m., Monday, June 16 — City Hall Conference Room #1 — LEOFF Disability Board Meeting.
(MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS)
2. 5:00 p.m., Tuesday, June 17, TRAC Facility — TRAC Board Meeting. (MAYOR JOYCE OLSON and
COUNCILMEMBER REBECCA FRANCIK)
3. 9:00 a.m. Wednesday, June 18 — Friday, June 20, Yakima Convention Center — AWC Conference.
(MAYOR JOYCE OLSON, COUNCILMEMBERS REBECCA FRANCIK, BOB HOFFMANN, TOM
LARSEN and AL YENNEY)
4. 12:00 p.m., Thursday, June 19, 515 W. Clark Street—Pasco Downtown Development Association Board
Meeting. (COUNCILMEMBER AL YENNEY,Rep.; MATT WATKINS, Alt.)
5. 11:30 a.m., Friday, June 20, Roy's Smorgy — Benton-Franklin Council of Governments Board Meeting.
(COUNCILMEMBER TOM LARSEN,Rep.; BOB HOFFMANN, Alt.)
6. 11:00 a.m., Saturday, June 21, Pasco's Highland Park — 30'h Celebration Annual Juneteenth Parade
(check in at 10:00 a.m.). (MAYOR JOYCE OLSON and COUNCILMEMBER BOB HOFFMANN)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JUNE 2, 2008
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor Pro-tem.
ROLL CALL:
Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Tom
Larsen, Matt Watkins and Al Yenney. Joyce Olson was absent.
Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strebel, Administrative & Community Services Director; Bob Alberts, Public Works
Director; David McDonald, City Planner; Denis Austin, Police Chief and Greg Garcia,
Fire Chief.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated May 19, 2008.
(b) Bills and Communications:
To approve General Claims in the amount of$991,739.23 ($98,030.24 in the form of
Wire Transfer Nos. 4974 and 4976 and, $893,708.99 consisting of Claim Warrants
numbered 166089 through 166277).
To approve Payroll Claims in the amount of$1,735,405.94, Voucher Nos. 37896 through
38013; and EFT Deposit Nos. 30023075 through 30023569.
(c) Interagency Agreement for Summer School Services:
To approve the Interagency Agreement with the Pasco School District for summer school
services and, further, authorize the Mayor to sign the agreement.
(d) Bargaining Contract with IAFF, Local 1433:
To approve the Collective Bargaining Agreement with the IAFF, Local #1433 and,
further, authorize the Mayor to sign the agreement.
(e) Final Plat: Three Rivers Crossing Phase 5 (Hayden Homes) (MF#FP08-005):
To approve the final plat for Three Rivers Crossing Phase 5.
(f) Resolution No. 3079, a Resolution accepting work performed by Sharpe &
Preszler Construction Company, Inc., under contract for the Water Sampling
Station Installation Project No. 07-2-05.
To approve Resolution No. 3079, accepting the work performed by Sharpe & Preszler
Construction Company, Inc., under contract for the Water Sampling Station Installation
Project No. 07-2-05.
(g) Resolution No. 3080, a Resolution accepting work performed by Granite
Northwest, Inc., dba Transtate Paving Company under contract for the Commercial
Avenue Reconstruction Project No. 05-3-07.
To approve Resolution No. 3080, accepting the work performed by Granite Northwest,
Inc., dba Translate Paving Company, under contract for the Commercial Avenue
Reconstruction Project No. 5-3-07.
1 3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JUNE 2, 2008
'MOTION: Mr. Garrison moved to approve the Consent Agenda as read. Ms. Francik
seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGMENTS:
Mayor Olson presented Certificates of Appreciation for May 2008 "Yard of the Month"
to:
Mike and Barb Weakley, 904 Margaret Street
Lenny Carlson and Kathy Dundon, 3820 W. Nixon Street
Rosetta Logston, 4518 Cholla Drive
John and Judy Pettigrew, 6219 Cowlitz Lane
Mayor Olson presented a Certificate of Appreciation for May 2008 "Business of the
Month Appearance Award"to:
Riverview Obstetrics & Gynecology, 5908 Bedford Street
VISITORS -OTHER THAN AGENDA ITEMS:
Bill DeBoard, Chairman of the Pasco Pride for Pools Committee, introduced himself to
Council.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Yenney reported on the BF Community Action Committee Board meeting.
Mr. Larsen attended the Emergency Medical Services Board meeting.
Mr. Garrison attended the TC Visitor and Convention Bureau Board meeting and the
TRIDEC Board meeting.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Resolution No. 3081, a Resolution establishing committees for voter pamphlet
statements.
Mayor Pro-tern Watkins appointed Bill DeBoard, Mike Mathews, and Chris
Mayfield to the Approval Committee and Eileen Crawford, Fran Younce and
Judith Gidley to the Rejection Committee.
Ms. Eileen Crawford, 4506 Yuma Dr., thanked Council for the opportunity to
serve on the committee and noted she would like to see a covered pool facility.
Mr. Bill DeBoard, 7912 Snoqualmie Dr., would like to see some monetary
participation by health related businesses.
Mr. John Talbott, 6712 W. Octave, noted Council should have been prepared
earlier to appoint the committees.
MOTION: Mr. Garrison moved to approve Resolution No. 3 08 1, appointing ad-hoc
citizen committees, as listed by Mayor Pro-tern Watkins, for the preparation of voter
pamphlet statements regarding the Pasco Pools Bond issue. Ms. Francik seconded.
Motion carried 5-1. No -Larsen.
NEW BUSINESS:
Columbia River Crossing Study:
Council and Staff discussed the options for this study.
Mr. John Talbott, 6712 W. Octave, spoke against authorizing the study.
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JUNE 2, 2008
Mr. Lyle Anderson, 1208 Rd 68, spoke against abridge crossing at Road 68.
Mr. Brad Peck, 200 Rd 34, urged Council to let the study decide the best location
for an additional bridge crossing.
Ms. Eileen Crawford, 4506 Yuma Dr., noted there may have been a previous
bridge study done on a crossing at Road 68.
Ms. Kathleen Debevec, 6816 W. Marie, urged Council to consider the
homeowners perspective.
Mr. Gary Eby, 6708 W. Octave, noted the impact on citizens must be a part of
every stage of this process.
Mr. Mike Inglima, 6615 W. Octave, noted the map of the study area is not current.
Ms. Marilyn Eby, 6708 W Octave, stated residential building permits should not
have been issued in the proposed study area.
Mr. David Koontz, 6704 W. Park, is concerned about displacing homeowners.
MOTION: Mr. Garrison moved to approve the authorization for a bridge study between
Road 68 and the SR395 Blue Bridge by the Benton Franklin Council of Governments
(BFCG) and, further, authorize $35,000.00 for the study. Ms. Francik seconded. Motion
carried 4-2. No—Larsen, Yenney.
Amendment No. 2 to Professional Services Agreement with The Transpo Group:
MOTION: Mr. Garrison moved to approve Amendment No. 2 to the August 16, 2004
Professional Services Agreement with The Transpo Group authorizing additional
transportation and traffic management services not to exceed $39,500 and, further,
authorize the Mayor to sign the agreement. Ms. Francik seconded. Motion carried
unanimously.
Amendment No. 3 to Professional Services Agreement with The Transpo Group:
MOTION: Mr. Garrison moved to approve Amendment No. 3 to the August 16, 2004
Professional Services Agreement with the Transpo Group authorizing additional
transportation and traffic management services not to exceed $53,000 and, further,
authorize the Mayor to sign the agreement. Ms. Francik seconded.
MOTION: Mr. Hoffmann moved to amend the agreement to include mandatory
participation by Franklin County and Lourdes Medical Center. Mr. Yenney seconded.
Motion failed for lack of majority, 3-3. Yes—Hoffinann, Yenney, Larsen. No—Francik,
Garrison, Watkins.
Original motion carried 4-2. No—Hoffmann, Larsen.
Baseball Stadium Lease Amendment:
MOTION: Mr. Garrison moved to approve the First Amendment to the Baseball Stadium
Lease and, further, authorize the Mayor to sign the amendment. Ms. Francik seconded.
Motion carried unanimously.
New Police Officer Position:
MOTION: Mr. Garrison moved to approve the addendum for the Interagency Agreement
with the Pasco School District for School Resources Officer services and authorize one
additional police officer position to be filled as soon as possible and, further, direct the
additional expense be included in the year-end General Fund Supplemental Budget. Ms.
Francik seconded. Motion carried unanimously.
3
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JUNE 2, 2008
Professional Services Agreement for Corridor Enhancement Study:
MOTION: Mr. Garrison moved to approve the Professional Services Agreement with
JUB Engineers for the Corridor Enhancement Study and, further, authorize the Mayor to
sign the agreement. Ms. Francik seconded. Motion carried 4-2. No—Hoffmann, Larsen.
Special Permit: Farming in an R-S-1 Zone (7500 Block of Argent Road) (DNR)
(MF# SP08-001):
Council and staff discussed the procedures relating to a special permit.
MOTION: Mr. Garrison move to remand Special Permit Application No. SP08-001 back
to the Planning Commission for clarification of condition#9 to include criteria to be used
by the City Council if it considers an extension of the permit after the first five years. Ms.
Francik seconded. Motion carried unanimously.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:42 p.m.
APPROVED: ATTEST:
Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk
PASSED and APPROVED this 16`h day of June, 2008.
4
CITY OF PASCO
Council Meeting of:
June 16, 2008
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We,the undersi n , do rtify under penalty of perjury that the materials have been furnished, the
services rende or t labor pe rmed as described herein and that the claim is a just, due and unpaid
obligation ag city and tha a are authorized to authenticate and certify to said claim.
Gary Crut field, Cilr ag r James W. Chase, Finance Manager
We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington,
do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer
No.s 4979 and 4992 in the amount of$98,918.95, have been authorized;that Check No.s 166278 through
166512 are approved for payment in the amount of$2,672,979.05,for a combined total of$2,771,898.00 on this
16th day of June , 2008.
Councilmember Councilmember
SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 1,480.94
Judicial 17,169.14
Executive 8,365.57
Police 30,483.01
Fire 10,372.65
Administration&Community Services 107,765.29
Community Development 279.23
Engineering 1,492.22
Non-Departmental 109,674.04
Library 1,471.34
TOTAL GENERAL FUND: 288,553.43
STREET 237,536.91
C_ D_ BLOCK GRANT 4.03
KING COMMUNITY CENTER 2,285.83
AMBULANCE SERVICE 37,641.09
CEMETERY 4,641.77
ATHLETIC PROGRAMS 2,981.50
SENIOR CENTER 4,571.28
MULTI MODAL FACILITY 1,512.32
RIVERSHORE TRAIL&MARINA MAIN 103.95
SPECIAL ASSESSMNT LODGING 14,176.75
REVOLVING ABATEMENT 245.00
PARKS FUND 0.00
TRAC DEVELOPMENT 0.00
STADIUM/CONVENTION CENTER 211.35
SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00
METRO DRUG TASK FORCE 1,456.20
METRO DRUG FORFEITURE FUND 299.61
GENERAL CONSTRUCTION 479,781.13
WATER/SEWER 896,469.92
EQUIPMENT RENTAL-OPERATING 32,231.13
EQUIPMENT RENTAL- REPLACEMENT 42,329.83
MEDICAL/DENTAL INSURANCE 98,938.95
PUBLIC FACILITIES DIST 30,335.72
TRI CITY ANIMAL CONTROL 883.58
PAYROLL CLEARING 40,108.14
LID CONSTRUCTION 554,598.58
GRAND TOTAL ALL FUNDS: S 2,771,898.00
3�b}.1
AGENDA REPORT
FOR: City Cout DATE: 619/08
TO: Gary Cruanager REGULAR: 6/16/08
Stan Str ive&Community Services Director
FROM: Jim has ger
SUBJECT: BAD DE F'S/COLLECTION.
I. REFERENCE(S):
Write-off and collection lists are on file in the Finance Department.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general
accounts,miscellaneous accounts and Municipal Court non-criminal, criminal and parking
accounts receivable in the total amount of $190,047.45 and, of that amount, authorize
$151,207.99 be turned over for collection.
III. HISTORY AND FACTS BRIEF:
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under
$10 with no current forwarding address, or are accounts in"occupant" status. Accounts submitted for
collection exceed$10.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00. Direct write off's
including DSHS and Medicare customers; the law requires that the City accept assignment in these
cases.
3. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and
parking violations over 30 days past due.
4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are
either un-collectable or have been assigned for collections because the property owner has not
complied or paid the fine. There are still liens in place on these amounts which will continue to be in
effect until the property is brought into compliance and the debt associated with these liens are paid.
5. CEMETERY—These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed$10.00.
6. GENERAL- These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed$10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed$10.00.
Amount
Direct Referred to Total
Write-offs Collection Write-offs
Utility Billing $ 7.57 614.45 622.02
Ambulance $ 38,831.89 10,135.93 48,967.82
Court A/R $ .00 129,849.00 129,849.00
Liens $ .00 .00 .00
Cemetery $ .00 1,390.32 1,390.32
General $ .00 8,958.29 8,958.29
Miscellaneous $ .00 260.00 260.00
TOTAL: $ 38,839.46 151,207.99 190,047.45
IV. ADMINISTRATIVE ROUTING:
cc: Dot French,Municipal Court Clerk
3(b).2
AGENDA REPORT
TO: City Council June 12, 2008
FROM: Gary Crutchfi y Manager Regular Mtg.: 6/16/08
SUBJECT: Public Facilitie District Board Appointment
I. REFERENCE(S):
1. Application (1) (Council packets only)
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
6/16 MOTION: I move to reappoint Mark Morrissette to Position No. 2 on the
Public Facilities District Board of Directors with an expiration date
of 7/14/12.
III. HISTORY AND FACTS BRIEF:
A) The Public Facilities District Board is composed of five members; terms are for
four years. The Board meets quarterly.
B) The Public Facilities District Board oversees operation of the Pasco Public
Facilities District and payment of Pasco's share of a special state grant intended
for regional public facilities. It also may acquire, construct, operate and maintain
any qualified regional public facilities.
C) There is one position whose term has expired:
1. Position No. 2 (currently Mark Morrissette)
D) Only one application was received, that being Mr. Morrissette.
IV. DISCUSSION:
A) Staff recommends reappointment of Mr. Morrissette to Position No. 2.
3(e)
AGENDA REPORT
FOR: City Council June 3, 2008
TO: Gary Crutchfiel anager
FROM: Stan Strebel, A ini ati and Community Workshop Mtg.: 6/9/08
Services Director` Regular Mtg.: 6/16/08
SUBJECT: Amendments to Animal Control Operating Agreements
I. REFERENCE(S):
1. Amendment No. 2 to ACA Interlocal Agreement
2. Amendment No. 1 to ACA Operating Jurisdiction Agreement
1I. 'ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
619: Discussion
6/16: Motion: I move to approve Amendment No. 2 to the Interlocal Agreement
for Animal Control, and further, authorize the Mayor to sign the agreement.
Motion: I move to approve Amendment No. 1 to the Operating Jurisdiction
Agreement for the Animal Control Authority and further, authorize the Mayor
to sign the agreement.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) Amendment No. 2 to the Interlocal Agreement for Animal Control is proposed by
the ACA to clarify the budget process for the annual budget. Since the ACA is
operating on behalf of each of the Cities, and not a separate entity, there is no
formal budget development process outside that used by each of the Cities. The
amendment clarifies this as current practice.
Staff recommends approval of the amendment.
B) Amendment No. 1 of the Operating Jurisdiction Agreement for the ACA is
recommended so that there is a clear understanding that public records requests
relating to animal control and the ACA are to be processed through the Operating
Jurisdiction (Pasco). This will help avoid confusion for the public, eliminating
the need to approach separate cities or the animal control contractor and defining
the parry responsible for records.
Staff recommends approval of the amendment.
3(f)
AMENDMENT NO. 2 TO
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF
RICHLAND, PASCO, KENNEWICK WASHINGTON FOR ANIMAL CONTROL
THIS AMENDMENT to that certain Interlocal Cooperative Agreement which is dated
the 23rd day of August, 2005, among the City of Kennewick, Washington; Pasco, Washington;
and Richland, Washington; all municipal corporations of the State of Washington, is made
this day of 2008.
WHEREAS, the Cities have, pursuant to Chapter 3934 R.C.W., the Interlocal
Cooperation Act, agreed to exercise their powers jointly to provide animal control services and
facilities which will best fulfill common needs of the Cities, and;
WHEREAS, the Cities by their respective City Councils, have determined that certain
amendments to the Interlocal Cooperative Agreement are warranted, now, therefore, and in
consideration of the mutual covenants contained therein, it is agreed to amend said Interlocal
Agreement, Section IV, Assessment and Reimbursement, is to read as follows:
SECTION IV
ASSESSMENT AND REIMBURSEMENT
The Management committee shall submit an annual budget of expenses for Animal Control
Services for approval by each of the Cities. Each City will include within their respective
operating budgets the pro-rata share of expenses for Animal Control Services including contract
expenses for patrol sheltering and related services as well as for facility and equipment rent,
repair and maintenance plus any capital expenses as recommended by the committee and
approved by the Cities. Each City shall maintain by ordinance or regulation its own rates and
charges for compliance with their respective animal codes and fines and forfeitures for its
enforcement within its territorial jurisdiction. All revenues derived therefrom shall be solely the
revenues of that City. The approved operating budget shall consist of basic fixed cost which will
be equally divided among the Cities and variable expense which shall be divided among the
Cities based upon their percentages of use. The specific fund necessary for the implementation
of this Agreement shall be maintained at the Operating Jurisdiction and shall be designated the
"Tri-City Animal Control Operating Fund." All remaining provisions of the Interlocal
Agreement shall remain in full force and effect.
This Amendment approved by the cities, parties to the Interlocal Agreement, the day and year
first written above:
AMENDMENT NO. 2 TO
INTERLOCAL COOPERATIVE AGREEMENT
TRI-CITY ANIMAL CONTROL SERVICES
THE CITY OF ]KENNEWICK:
James . Beaver, Ma or
Attest:
Valerie J. LOA, City C
Approved as to form:
L2�—
Lisa Beaton, City Attorney
THE CITY OF PASCO:
BY:
Joyce Olson, Mayor
Attest:
Debra L. Clark, City Clerk
Approved as to form:
Leland B. Kerr, Attorney
THE CITY OF RICHLAND:
BY: L;��L z
jeShn Fox, Mayo
Attest: 1()
Debra C B ham, Chief Deputy City Clerk
Approved as to form:
Thomas O. Lampson, City ttorney
AMENDMENT NO. 2 TO
INTERLOCAL COOPERATIVE AGREEMENT
TRI-CITY ANIMAL CONTROL SERVICES
AMENDMENT NO. 1
OPERATING JURISDICTION AGREEMENT
ANIMAL CONTROL AUTHORITY
THIS AMENDMENT to that certain Operating Jurisdiction Agreement entered into and effec-
tive the 1st day of January, 2007, between the City of Kennewick, the City of Pasco, and the City of
Richland, all municipal corporations of the State of Washington, and collectively referred to as the Ani-
mal Control Authority (ACA), and the City of Pasco (Pasco), a municipal corporation of the State of
Washington, is made and entered into this day of , 2008.
WHEREAS, the ACA and Pasco deems it necessary and desirable to amend the Scope of Services as
set forth in the Operating Jurisdiction Agreement,
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to
amend 2. Scope of Services to add the following underlined language and read as follows:
2. Scope of Services. Pasco shall perform the following services as Operating Jurisdiction:
(a) Maintain a separate fund for the receipt of funds from the ACA Cities and for the payment of
expenses for the ACA.
(b) Provide administrative oversight to the ACA's contractor for animal control and sheltering
services.
(c) Maintain records on ACA owned equipment and inventory, including vehicle maintenance
and replacement accounting.
(d) Schedule meetings of the ACA, as needed, including agenda and minute preparation.
(e) Provide legal counsel services to the ACA through its appointed City Attorney.
(f) Responsible Official for Public Records Requests relating to Animal Control.
ANIMAL CONTROL AUTHORITY CITY OF ASCO
CITY OF KENNEWICK
Robert R. Hammond, City Manager G Crutc fiel City a n a g e r
Attest:
Valerie J. Loffler, City Clerk
Approved as to form:
Lisa Beaton, City Attorney
Amendment No. 1 to
Operating Jurisdiction Agreement Page 1 Animal Control Authority
CITY OF PASCO
Joyce Olson, Mayor
Attest:
Debra L. Clark, City Cleric
Approved as to Form:
Leland B. Kerr, Attorney
CITY OF RICHLAND
Cindy Johnson, City Manager
Attest:
Debby Barham, Deputy City Clerk
Approved as to Form:
Thomas O. Lampson, City Attorney
Amendment No. I to
Operating Jurisdiction Agreement Page 2 Animal Control Authority
AGENDA REPORT
FOR: City Council May 27, 2008
TO: Gary Crutchfi Manager
FROM: Stan Strebel, dministrative an Workshop Mtg.: 6/9/08
Community Services Director Regular Mtg.: 6/16/08
SUBJECT: Renewal Agreement Prosecutorial Services
I. REFERENCE(S):
1. Proposed Agreement
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
619: Discussion
6/16: Motion: I move to approve the agreement for prosecutorial services and to
authorize the City Manager to sign the agreement.
III. FISCAL IMPACT:
$9,000 per month(first year) in budget.
IV. HISTORY AND FACTS BRIEF:
A) The City has contracted for prosecution services for the past 6 years. The
arrangement has met the needs of the City and required less staff time than
managing an employee.
B) As the existing agreement expires on June 18"', staff has received a proposal for
renewing the agreement. The proposed changes, which are shown as strikeout and
underline in the attached proposed agreement include:
1) Dropping Mr. Hui's name from the contract — this is only for bookkeeping
purposes, as Mr. Hui will provide services as in the past;
2) Compensation is proposed to be increased by approximately 2.8%per year;
3) Added is language opening the contract for renegotiation in the event of
occurrences which could impact the time commitment of prosecutors.
4) Adjustment of the term for an additional 2 years.
C) Staff recommends approval of the agreement.
3(9)
AGREEMENT FOR PROSECUTORIAL SERVICES
THIS AGREEMENT is entered into by and between the CITY OF PASCO, hereinafter
referred to as "Pasco", and TERRY M. TANNER and RAYMOND G. 14U1, hereinafter referred
to as"Prosecutors", for the purpose of providing prosecutorial services for the City of Pasco.
1. PROSECUTORS SHALL:
A. Provide complete municipal misdemeanor, gross misdemeanor, and civil infraction
prosecutions for all cases filed in the Pasco Municipal Court and other related services including:
I. Arraignment Docket representation
2. Incarceration Docket representation
3. Negotiation and resolution of fines and forfeiture
4. Bench Trials and hearings
5. Pre-trial hearings
6. Jury Trials and Trial Readiness Hearings
7. Post-trial motions and hearings
8. Appeals
9. Police Department day to day counsel and training as needed.
(Prosecutors will e-mail the Police Chief and Patrol Captain with any concerns
relating to police duties or functions. The Patrol Captain or Police Chief shall
contact the Prosecutors if they would like to meet to discuss these concerns or
provide training to the police department.)
10. Response to criminal-related questions from the public that cannot be answered
by administrative staff;
B. Be prompt in attendance for all required dockets, hearings and trials as outlined on
the attached "Exhibit A", "Pasco Municipal Court Prosecutor Schedule". Such schedule may be
changed from time to time to meet the needs of the Court upon mutual agreement of the parties.
C. Designate a contact who shall be responsible for:
1. Complaint review and response
2. Review and evaluation of quality of service
3. Periodic reports to the City administration;
D. Personally provide the prosecution services and divide the representation to ensure
full-time coverage as well as substitute, conflict, and additionally required coverage to allow
multiple actions to proceed when necessary. In the event Prosecutors wish to hire additional
attorneys other than the signators to this Agreement to perform services, Prosecutors shall obtain
advance approval from Pasco. This provision shall not apply in the event of unforseen
circumstances where Prosecutors are temporarily unable to perform. Prosecutors shall be
responsible for assuring that qualified attorneys are present in Court at all times necessary; and
E. Use established practices and policies to recommend utilization of alternatives to
incarceration as appropriate. Such alternatives shall include but not be limited to electronic
home monitoring, work crew, etc. Prosecutors shall obtain Pasco's approval prior to
implementing any program for alternate dispositions involving charitable contributions.
F. Satisfy the minimum requirements for practicing law in Washington as determined by
the Washington Supreme Court and shall complete seven hours of continuing legal education
within each calendar year in courses relating to prosecution.
2. PASCO SHALL:
A. Maintain a City Prosecutor's Office with office space available for the prosecutor at least
ten hours per week.
B. Employ a full-time Legal Assistant on-site at the City Prosecutor's Office providing:
1. Case management and file maintenance
2. Subpoena issuance and return of service
3. Witness contact
4. Docket preparation.
C. Employ a part-time clerical assistant for correspondence and document preparation.
D. Pay all subpoena and service costs and costs of required reports for prosecution.
E. Pay to Prosecutor the sum of Eight Thousand Five Hundred Doila s ($8,500) Nine
Thousand Dollars $9,000) per month for the first year and Eight Thousand Seven 14undr-ed and Fifty
Dollars ($8,W-W Nine Thousand Two-Hundred Fifty Dollars ($9,250) per month for the second year.
Payments shall be due on or before the 10th day following each calendar month. Payments shall be
prorated for partial month. Renegotiation of the terms of this agreement upon the following
occurrences: (1) there is a Washington Court Rule amendment that results in a procedural change in
court proceedings, or 2 there is a change in Court Docket/Schedule as outlined in Exhibit A. In
addition, Prosecutors shall be paid the sum of Si • Htmdred "e"°°s ($600) Seven Hundred Fifty
Dollars ($750) for each case appealed (except for any case noted for reconsideration at the trial court
level). However, if a court of appeals grants the Prosecutor's motion to dismiss for "Want of
Prosecution", then there shall be no charge to the City for the appeal. Prosecutors shall provide an
invoice to Pasco upon completion of any appeal work.
3. Term. The term of this Agreement shall be for two (2) years, beginning june 19, 20
June 19, 2008,and ending june 18, 2006 June 18, 2010. Either party may terminate this Agreement
after one (1) year upon sixty (60) days written notice.
4. ' Caseload. In the event the workload (as indicated by number of case filings and number
of represented cases) exceeds the prior year's workload by fifteen percent (15%) or more,
Prosecutors may request additional compensation. If no agreement is reached concerning said
additional compensation, Prosecutors may terminate this Agreement upon ninety (90) days written
notice.
5. Independent contractors. Prosecutors shall be independent contractors and not
employees of Pasco.
6. Insurance and Indemnification. During the term of this Agreement, the Prosecutors
shall maintain errors and omissions insurance coverage and shall include anyone else acting for
or on behalf of the Prosecutors in the performance of this Agreement as an additional named
insured on any such policy. Such insurance shall be obtained from any insurance company
authorized to do business as such in the State of Washington, and shall have policy limits of Two
Hundred Fifty Thousand Dollars ($250,000.00) or more. At the time of commencement of the
performance of services hereunder, the Prosecutors shall submit evidence that such insurance is
in force and that such insurance will not be canceled without first giving thirty (30) days written
notice to the City of Pasco.
CITY OF PASCO
Gary Crutchfield, City Manager Date
PROSECUTORS
Terry M. Tanner Date
Raymond G. Hei Da*
"Exhibit A"
PASCO MUNICIPAL COURT PROSECUTOR SCHEDULE
Monday Tuesday Wednesday Thursday Friday
Traffic Pre-Trials In-Custody In-Custody Trial
Readiness
8:30 AM to 8:30 AM to 10:00 AM to 10:00 AM to
12:00 12:00 NOON 12:00 12:00 9:00 AM to
NOON NOON NOON 12:00
NOON
(AM) ODD DAYS
MOTION
9:10 am TO
12:00 noon
Even days
Pre-Trials Arraienment Jury-Trials
1:00 PM to 1:30 PM to 9:00 AM to
5:00 PM 5:00 PM 5:00 PM
EVEN
(PM) DAYS
AGENDA REPORT
TO: City Council June 5, 2008
FROM: Gary Crutchfield, City Manager Workshop Mtg.: 6/9/08
Regular Mtg.: 6/16/08
SUBJECT: Legislative Consultant Agreement
I. REFERENCE(S):
1. Proposed Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
6/9: Discussion
6116: MOTION: I move to approve the agreement with Gordon Thomas Honeywell
Governmental Affairs for legislative consultant services and, further,
authorize the City Manager to sign the agreement.
III. FISCAL IMPACT:
Total: $30,000 (estimated$13,500 in 2008; $16,500 in 2009)
IV. HISTORY AND FACTS BRIEF:
A) The city has employed the services of a legislative consultant for each of the past five
years. In doing so, the city has realized the following accomplishments that would
likely not have happened if not for the particular services of the consultant work:
• $5.2 million legislative appropriation for construction of the Ainsworth Overpass
Project;
• Passage of HB2418, authorizing dissolution of a joint housing authority;
• $400,000 legislative appropriation for construction of the Court Street Pedestrian
Overpass of SR395.
B) GTH has offered to continue services for Pasco, at their standard rate of$2,500 per
month, with a contract term of one year; the resulting cost is $30,000 (plus $3,000 in
reimbursables). While the consultant will perform the general legislative duties
listed, the greatest value will be the consultant's effort to obtain state funding
assistance for the Lewis Street overpass, a long-desired project of the city which is
simply too costly for the city to construct on its own.
V. DISCUSSION:
A) The value of an effective legislative consultant is clear when measured by the success
the city has realized over the past five years. Continuing such a relationship is
imperative if the city desires to continue to seek assistance via the state legislature
(whether by appropriation or statutory language).
B) GTH accomplished no small feat in the 2007 session by helping legislative
appropriation of the $400,000 for the overpass. While our legislators were
instrumental in this endeavor, they were aided by the effort of GTH coordinating
with many other legislators to assure the local objective was not lost in the details of
the budget process. The same will be necessary for the Lewis Street Overpass.
C) GTH has the advantage of a Washington D.C. office; thus, the opportunity to pursue
a coordinated effort (state and federal) to obtain the funding assistance necessary if
the city is ever to construct the Lewis Street overpass project. The proposed scope of
work will not only address the city's 2009 legislative agenda, but will also produce a
"federal/state" action plan specifically aimed at the Lewis Street overpass objective.
D) In view of the potential 2009 legislative benefits and the certain work products, staff
recommends approval of the proposed contract.
3(h)
CITY OF PASCO
CONSULTING AGREEMENT
This Agreement is entered into by and between City of Pasco and any other party hereto, as is
identified in the consultant's signature block below (hereinafter referred to as "Consultant"), upon
the following terms and conditions:
A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with
Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein, and
Consultant will do and produce such other things as are set forth in the Scope of Work (the
"Services"). Consultant's Services will be in compliance with applicable laws, regulations, rules,
orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such
documents as may be required to effect or evidence such compliance.
B. Compensation; Expenses. The City of Pasco will pay Consultant for satisfactorily rendered
Services in accordance with the specific terms set forth in Attachment"A".
C. Invoices; Payment. Consultant will furnish the City of Pasco invoices at regular intervals, as
set forth in Attachment"A".
D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in
Attachment "A" and shall terminate same on the date set forth in Attachment "A", unless earlier
terminated by mutual agreement. The City of or consultant may terminate consultant services for
convenience at any time prior to the termination date set forth in Attachment A, provided that either
party provides 30-days notice.
E. Ownership of Work Product. The product of all work performed under this agreement,
including reports, and other related materials shall be the property of the City of Pasco or its
nominees, and the City of Pasco or its nominees shall have the sole right to use, sell, license, publish
or otherwise disseminate or transfer rights in such work product.
G. Independent Contractor. Consultant is an independent contractor and nothing contained
herein shall be deemed to make Consultant an employee of the City of Pasco, or to empower
consultant to bind or obligate the City of Pasco in any way. Consultant is solely responsible for
paying all of Consultant's own tax obligations, as well as those due for any employee/subcontractor
permitted to work for Consultant hereunder.
H. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify and
hold harmless the City of Pasco from and against all claims, liabilities, damages and costs arising
directly or indirectly out of, or related to, Consultant's fault, negligence, strict liability or produce
liability of Consultant, and/or that of any permitted employee or subcontract or Consultant,
pertaining to the Services hereunder.
I. Assignment. Consultant's rights and obligations hereunder shall not be assigned or
transferred without the City of Pasco's prior written consent; subject thereto, this Agreement shall be
binding upon and inure to the benefit of the parties' heirs, and successors.
J. Governing Law; Severability. This Agreement shall be governed by the laws of the State of
Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of this
Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction
hereover (excluding arbitrators), such term or provision shall not affect the validity or enforceability
of any remaining terms or provisions of this Agreement, and the court shall, so far as possible,
construe the invalid portion to implement the original intent thereof.
K. Arbitration. Any dispute between the parties related to or arising out of the subject matter of
this Agreement shall be resolved exclusively through binding arbitration under the Commercial
Arbitration Rules of the American Arbitration Association in Washington State.
L. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state the
entire agreement between the parties regarding the subject matter hereof and supersede any prior
agreements or understandings pertaining thereto. Any modification to this Agreement must be made
in writing and signed by authorized representatives of both parties. Any provision hereof which may
be reasonably deemed to survive the expiration or termination of this Agreement shall so survive,
and remain in continuing effect. No delay or failure in exercising any right hereunder shall be
deemed to constitute a waiver of any right granted hereunder or at law by either party.
Consultant: City of Pasco
Gordon Thomas Honeywell
Governmental Affairs
Tim Schellberg, President Gary Crutchfield, City Manager
Date: Date:
2008-2009 Legislative Services Agreement
Page 2
ATTACHMENT "A" TO
CITY OF PASCO CONSULTING AGREEMENT
A. Scope of Work: Consultant shall provide the City of Pasco with the following
governmental affair services:
General Washington State Legislative Services
• Identify and track all relevant legislation
• During the legislative session, provide the City of Pasco with weekly reports and
tracking lists.
• Attend all relevant legislative hearings.
• Attend all relevant legislative meetings.
• Coordinate City of Pasco officials to testify at relevant legislative hearings.
• Lobby to amend, defeat or pass legislation or budgets that directly affect the City
of Pasco's interests.
• Strengthen relevant legislative relationships between the City of Pasco, state
legislators, and executive offices.
• Work with the City of Pasco to develop a state budget request and lobby the
Legislature to fiend the request.
Specific Transportation Funding Services - Consultant will work with the City of
Pasco to develop a budget request for the Lewis Street Overpass. Once the project
request is refined, consultant will:
• Lobby the State Legislature and executive agencies to support and fund the
project.
• Determine if State grants, rather than specific legislative appropriations can be
pursued to the fund the project, and if so, work in consultation with the City of
Pasco to pursue the grants.
• Determine if a federal partnership could be developed to pursue the transportation
project, and what federal funding sources are available. If federal funds are
available, Consultant will prepare a second proposal to represent the City of Pasco
in Congress to secure federal funds.
2008-2009 Legislative Services Agreement
Page 3
B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of
$2,500 for the services listed above. Consultant shall only bill communication expenses,
such as travel to Pasco. The expanses shall not exceed $3,000 for the term of the
contract.
C. Invoices/Payments: (a) Consultant shall furnish the City Pasco of with invoices for
services performed on a monthly basis, and (b) the City of Pasco shall pay each of
Consultant's invoices within thirty(30) days after the City of receipt and verification.
D. Term of Agreement: Consultant's services shall commence on July 1, 2008 and shall
terminate on June 30, 2009.
2008-2009 Legislative Services Agreement
Page 4
AGENDA REPORT NO. 24
FOR: City Council June 3, 2008
TO: Gary Crutchfiel ,
Robert J. A1be k Director
FROM: Michael McShakity Engineer Regular Mtg.: 06/16/2008
SUBJECT: Accept 2007 Sewer Lining Project, #07-1-04
L REFERENCE(S):
1. Resolution
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
06116: MOTION: I move to approve Resolution No. '! accepting the work
performed by Planned & Engineered Construction, Inc., under
contract for the 2007 Sewer Lining Project, #07-1-04.
III. FISCAL IMPACT:
Public Works - Sewer Fund
IV. HISTORY AND FACTS BRIEF:
A) On December 17, 2007, Council awarded the 2007 Sewer Lining Project, #07-1-04
to Planned & Engineered Construction, Inc. for $606,903.99 including all
applicable alternates and tax.
V. DISCUSSION:
A) The final project cost was $574,749.32. The work is now complete and staff
recommends acceptance of this work.
RESOLUTION NO.398ol
A RESOLUTION ACCEPTING WORK PERFORMED BY PLANNED &
ENGINEERED CONSTRUCTION, INC. UNDER CONTRACT FOR THE 2007 SEWER
LINING PROJECT, #07-1-04.
WHEREAS, the work performed by PLANNED & ENGINEERED CONSTRUCTION,
INC., under contract for the 2007 Sewer Lining Project, #07-1-04, has been examined by
Engineering and has been found to be in apparent compliance with the applicable project
specifications and drawings, and
WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the
contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering recommendation and thereby accepts the work performed
by PLANNED & ENGINEERED CONSTRUCTION, INC., under contract for the 2007 Sewer
Lining Project, #07-1-04, as being completed in apparent conformance with the project
specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this 16th day of June, 2008.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT NO. 23
FOR: City Council May 30, 2008
TO: Gary Crutchfield City
Robert J. Albei or s Director
FROM: Michael McSha�IIL�,''CYity Engineer Regular Mtg.: 06/16/2008
SUBJECT: Accept Road 28/Road 26/Brown Street Improvements Project, #06-3-08
I. REFERENCE(S):
1. Resolution
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
06/16: MOTION: I move to approve Resolution No. 30%3 accepting the work
performed by A&B Asphalt, under contract for the Road 28/Road
26/Brown Street Improvements Project, #06-3-08.
III. FISCAL IMPACT:
Arterial Street Fund
IV. HISTORY AND FACTS BRIEF:
A) On October 1, 2007, Council awarded the Road 28/Road 26/Brown Street
Improvements Project, #06-3-08 to A&B Asphalt for$171,239.50.
V. DISCUSSION:
A) The final project cost was $176,069.80. The overage was due to additional work
done to widen the corner at 26th and Court Street. The work is now complete and
staff recommends acceptance of this work.
3(j)
RESOLUTION NO.
A RESOLUTION ACCEPTING WORK PERFORMED BY A&B ASPHALT UNDER
CONTRACT FOR THE ROAD 28/ROAD 26/BROWN STREET IMPROVEMENTS
PROJECT, #06-3-08.
WHEREAS, the work performed by A&B ASPHALT, under contract for the Road
28/Road 26/Brown Street Improvements Project, #06-3-08, has been examined by Engineering
and has been found to be in apparent compliance with the applicable project specifications and
drawings, and
WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the
contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering recommendation and thereby accepts the work performed
by A&B ASPHALT, under contract for the Road 28/Road26/Brown Street Improvements
Project, #06-3-08, as being completed in apparent conformance with the project specifications
and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this 16th day of June, 2008.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT NO. 24
FOR: City Council DATE: 6/9/08
TO: Gary Crutchfiel anager WORKSHOP:
REGULAR: 6/16/08
FROM: David I. McDo ald, City Planner
SUBJECT: STREET VACATION- A portion of Washington Street and "S. 13`" Lane (MF
#VAC-08-005)
L REFERENCE(S):
A. Proposed Resolution and Vicinity Map
B. Vacation Petition
1Q. ACTION RE VESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: 1 move to approve Resolution No.5N ', fixing 7:00 PM, July 21, 2008 as the
time and date for a public hearing to consider the proposed vacation.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The owner of Lots 1 and 2, Block 30 Riverside Addition is seeking to vacate a
portion of Washington Street and South 13`x' Lane abutting his property. The vacation is
being requested to facilitate the construction of a new single family home.
B. The petition requires the City Council to fix a public hearing to consider the
vacation request. The earliest regular City Council meeting available for a public hearing,
which provides the statutory 20-day hearing notice, is July 21, 2008.
V. DISCUSSION:
NONE
VI. ADMINISTRATIVE ROUTING:
3(k)
RESOLUTION NO.
A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO
CONSIDER THE VACATION OF A PORTION OF WASHINGTON STREET AND A
PORTION OF 13" LANE.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate rights-of-way; and
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW,THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That a public hearing to consider vacating the South 10 feet of Washington Street and the
West 25 feet of South 13th Lane adjacent Lots 1 and 2, Riverside Addition, will be held before
the City Council of the City of Pasco in the Council Chambers at, 525 North 3rd Avenue, Pasco,
Washington, at the hour of 7:00 p.m., on July 21, 2008. That the City Clerk of the City of Pasco
give notice of said public hearing as required by law.
PASSED by the City Council of the City of Pasco this day of , 2008.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
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CITY OF PASCO
STREEVALLEY VACATION PETITION
MASTER FILE # _ DATE SUBMITTED:
I, we the undersigned, owners of two-thirds of the privately owned abutting
property hereby petition the City Council of the City of Pasco to vacate the
following described street/alley rights-of-way:
�J��_ SPUTA 0 ' d' r- WASA 14A.?�
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�VE?-5)P9 ADD
APPLICANT: _ PROPERTY OWNED (Legal Description)
Print Name: h? �/�!' ���5 j 2 $ 3
Sign Name: R.w6szsj�pe A010
Address: % /�' S, /3 ,��
Phone # U�- �3�� Date
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Sign Name:
Date
Print Name:
Sign Name:
Date
GENERAL FUND OPERATING STATEMENT
THROUGH MAY 2008
CASH BASIS
YTD % OF YTD TOTAL % OF
2008 2008 ANNUAL 2007 2007 TOTAL
ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL
REVENUE SOURCES:
TAXES:
PROPERTY 2,629,007 5,503,000 47.8% 2,640,639 5,077,608 52.0%
SALES 3,607,492 8,050,000 44.8% 3,427,000 8,652,647 39.6%
UTILITY 3,119,674 7,070,000 44.1% 3,097,356 6,788,746 45.6%
OTHER 420,298 940,000 44.7% 391,799 908,784 431%
LICENSES& PERMITS 814,823 970,900 83.9% 876,532 1,708,999 51.3%
INTERGOV'T REVENUE 332,223 1,186,500 28.0% 265,237 1,348,642 19.7%
CHARGES FOR SERVICES 999,426 2,598,500 38.5% 1,142,340 2,534,636 45.1%
FINES & FORFEITS 330,993 874,900 37.8% 386,516 951,007 40.6%
MISC. REVENUE 312,831 853,300 36.7% 334,288 1,031,475 32.4%
OTHER FIN. SOURCES 13,836 133,000 10.4% 171,776 192,405 89.3%
TOTAL REVENUES 12,580,603 28,180,100 44Z% 12,733,483 29,194,949 43.6%
BEGINNING CASH BALANCE 6,272,547 6,000,000 5,391,199 5,391,199
TOTAL SOURCES 18,853,150 34,180,100 55.2% 18,124,682 34,586,148 52.4%
EXPENDITURES:
CITY COUNCIL 45,194 115,325 392% 39,728 95,638 41.5%
MUNICIPAL COURT 416,789 1,113,625 37.4% 395,057 1,019,344 38.8%
CITY MANAGER 304,469 670,400 45.4% 277,558 674,083 41.2%
POLICE 4,282,459 10,223,061 41.9% 4,130,796 9,976,604 41.4%
FIRE 1,558,518 3,855,500 40.4% 1,510,013 3,748,069 40.3%
ADMIN & COMMUNITY SVCS 1,907,527 5,092,640 37.5% 1,700,296 4,727,687 36.0%
COMMUNITY DEVELOPMENT 460,753 1,080,695 42.6% 557,830 1,335,287 41.8%
ENGINEERING 500,502 1,176,600 42.5% 424,572 993,182 42.7%
MISC. NON-DEPARTMENT 1,769,122 5,398,010 32.8% 1,695,617 4,640,790 36.5%
LIBRARY 468,315 1,161,010 40.3% 451,084 1,102,917 40.9%
TOTAL EXPENDITURES 11,713,648 29,886,866 39.2% 11,182,551 28,313,601 39.5%
ENDING FUND BALANCE 4,293,234 6,272,547
TOTALS 34,180,100 34,586,148
AVAILABLE CASH BALANCE 7,139,502 6,942,131
PERCENTAGE OF BUDGET ALLOCATED FOR 5 MONTHS 41.7%
• Authorized but non-budget expenditures of $165,550 (cumulative)which will effectively reduce the
ending fund balance.
These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance
at month end. The City's CAFR is prepared using the Accrual Basis of Accounting.
These statements are intended for Management use only. 6(b)
AGENDA REPORT NO. 25
FOR: City Council DATE: June 12, 2008
TO: Gary Crutchfiel y anager WORKSHOP:
REGULAR: June 16, 2008
FROM: David I. McDonald, City Planner
SUBJECT: Comprehensive Plan: Comprehensive Plan Update (MF#CP07-002) (City of Pasco)
I. REFERENCE(S):
A. Proposed Ordinance
B. Draft Comprehensive Plan
Note: Draft Comprehensive Plan is in the Council packet only; copies available in the
Planning Office, the Pasco Library or on City's web page at www.pasco-wa.gov for
public review.
IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. establishing a new Comprehensive Plan for
the City of Pasco
III. FISCAL IMPACT: None
IV. HISTORY AND FACTS BRIEF:
A. The Growth Management Act (GMA) requires most cities in the State to develop
Comprehensive Plans for guiding urban development. The City's original GMA plan was
adopted by the City Council in August of 1995. The plan is required to be periodically
updated. Pasco is on the 2007 cycle for plan update, and every seven years thereafter.
B. The Planning Commission held hearings, in September of 2007 (Volume I) and
January 2008 (Volume II), to review proposed updates to the plan and make a
recommendation to the City Council.
C. The Council reviewed the initial draft Comprehensive Plan in March of this year and
at the June 9, 2008 workshop.
V. DISCUSSION:
The proposed Ordinance repeals Ordinance No. 3104 which established the first GMA plan
in 1995 and adopts a new plan for Pasco and the Urban Growth Area.
The next major update of the plan will needed to be completed by December 1, 2014.
8(a)
ORDINANCE NO.
AN ORDINANCE relating to comprehensive land use planning and adopting a new
GMA Comprehensive Plan for the City of Pasco.
WHEREAS, the Pasco City Council did on August 21, 1995 adopt by Ordinance
No. 3104 a Comprehensive Plan for the City; and,
WHEREAS, the Comprehensive Plan adopted under Ordinance No. 3104 was
required by the State Growth Management Act (GMA) to be updated and readopted on a
seven year cycle beginning on December 1, 2007; and,
WHEREAS, the Planning Commission conducted a public hearing on September
20, 2007 and January 31, 2008 to recommend adoption of a new Comprehensive Plan for
the Pasco urban Growth Area; and,
WHEREAS, in addition to public hearings, public workshops meetings and
neighborhood meetings were held to receive public input on the new Comprehensive
Plan; and,
WHEREAS, the new Comprehensive Plan was forwarded to the Office of
Community Trade and Economic Development on January 18, 2008 for the required 60
day state review; and,
WHEREAS,the 60 day review period ended on March 18, 2008 and,
WHEREAS, the responsible official for the State Environmental Policy Act has
determined the new Comprehensive Plan will not have a probable significant adverse
impact on the quality of the environment; and,
WHEREAS, the development regulations for the city have been reviewed for
consistency with the new Comprehensive Plan and do not require any amendments except
the critical lands ordinance which must be updated by December 1, 2008 as required by
the GMA; and,
WHEREAS, the City Council finds the Planning Commission's recommendation
will aid the City in anticipating orderly and coordinated development within the city;
NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS
FOLLOWS:
Section 1. That Ordinance No. 3104 and any amendments thereto be and the same
is hereby repealed.
Section 2. That the Comprehensive Plan consisting of Volumes # I and # II as
indicated in Exhibit # 1 attached hereto be and is hereby adopted as the Comprehensive
Plan for Pasco and the Pasco Urban Growth Area.
Section 3. That the existing development regulations of the City of Pasco do not
require amendments at the present time.
Section 4. This ordinance shall be in full force and effect after passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, this 16th day of June, 2008.
Joyce Olson Olson, Mayor
ATTEST:
Sandy Kenworthy, Deputy City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
AGENDA REPORT NO. 25
FOR: City Council DATE: 06/02/2008
TO: Gary Crutchfie i
Robert J. Albe ec f ublic Works
FROM: Michael MeSha/M, Engineer Workshop: 06/09/08
Regular: 06/16/08
SUBJECT: Six-Year Transportation Improvement Plan 2009 - 2014
I. REFERENCE(S):
1. Proposed Plan
2. Resolution
3. Map
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
06/09: Discussion
06/16: Conduct Public Hearing
MOTION: I move to approve Resolution No. thereby adopting the
City's Six-Year Transportation Improvement Plan for 2009 - 2014.
III. FISCAL IMPACT:
None
IV. HISTORY AND BRIEF FACTS:
A) Each year, all Cities and Counties in the State are required to adopt an updated
Six-Year Transportation Improvement Plan specifically for federal and state
funded projects. For the City of Pasco, this plan has consisted of all projects
including the annual overlays, street widening, and signal projects which are
within the City limits. Larger projects such as the Lewis Street Overpass also
have been shown.
B) The proposed six-year program represents those projects that are anticipated to be
needed within six years. Several projects will need to be coordinated with utility
projects which could change the actual timing of the projects. Although this
process of adopting a six-year plan is a state requirement, the Council will again
review the projects in the Six-Year C.I.P. process and the budgeting process.
While the worksheets presented by staff include a potential funding source, many
of the projects listed will be dependent upon available funding and/or local
improvement districts. In addition, staff will be pursuing available grants from
the various funding programs.
Staff recommends the plan be presented at a public hearing on June 16, 2008, and
that Council adopt the plan by resolution.
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RESOLUTION NO.
A RESOLUTION adopting the revised and extended Comprehensive Street, Storm Drain
and Bridge Programs for the City of Pasco.
WHEREAS, RCW 35.77.010 provides for annual revision and extension of the
Comprehensive Street Program of each city and town, after holding public hearings thereon; and
WHEREAS, it is now time to revise and extend the Comprehensive Street, Storm Drain
and Bridge Programs; and NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, That the
City Council of the City of Pasco hereby adopts the revision and extension of the Comprehensive
Street, Storm Drain and Bridge Programs for the ensuing six years as attached hereto and labeled
"Six-Year Transportation Improvement Plan 2009 - 2014" incorporated by this reference as
though fully set forth herein; and
Be It Further Resolved, that the Comprehensive Street, Storm Drain and Bridge Programs
shall be filed with the Benton-Franklin Regional Council and the State of Washington.
PASSED by the City Council of the City of Pasco this 16th Day of June, 2008.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
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AGENDA REPORT NO. 26
FOR: City Council June 12, 2008
TO: Gary Crutchfi i Manager Regular Mtg.: 6/16/08
Robert J. Albe c Works Director
FROM: Michael P. McS ane, City Engineer
SUBJECT: Argent Road Widening from Road 76 to Road 84
I. REFERENCE(S):
1. Vicinity Map
2. Section Maps
H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION 1: 1 move to approve the three-lane design for Argent Road adjacent to
Chiawana High School.
MOTION 2: 1 move to approve city payment of 50% of Road 84/Argent Road traffic
signal and 100% of the sidewalk on the south side of Argent Road
between Roads 76 and 84.
MOTION 3: I move to approve city payment of (-% of/ $ for)
Argent Road roadway improvements between Roads 76 and 84.
III. FISCAL IMPACT:
General Fund
IV. HISTORY AND FACTS BRIEF:
A) In conjunction with the construction of Chiawana High School, the Pasco School
District is required to complete improvements to all of Argent Road adjacent to
their project.
V. DISCUSSION:
A) A condition for approval of Chiawana High School is the improvement of Argent
Road to arterial street standards including curb, gutter and street lighting on both
sides of the street. No sidewalk is required on the south side. Road 84 is to be
improved to arterial street standards including curb, gutter and street lighting on
the east side. Traffic signals at Road 84 and Argent Road and Road 80 and
Argent Road are also required.
The Pasco School District has requested the City share in the costs for improving
Argent Road and the signal at Road 84 and Argent Road. The City would be
responsible for one-half of the cost for curb, gutter, storm drain, paving and
overlay of the roadway, street lights and a traffic signal at Argent Road.
The Pasco School District is not required to build sidewalk on the south side of
Argent Road, however, staff recommends that it be installed to facilitate
pedestrian traffic to the new school.
B) Estimated costs are:
Roadway Improvements - $625,000
City $312,500
PSD $312,500
Road 84 and Argent Road Traffic Signal - $160,000
City $ 80,000
PSD $ 80,000
Sidewalk south side of Argent Road - $135,000
Total estimated City responsibility- $527,500
The Pasco School District has paid an Impact Fee of$88,920, which can be used
to offset part of the City's potential share.
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AGENDA REPORT
FOR: City Council June 12, 2008
TO: Gary Crutchfi Manager
FROM: Stan Strebel, A finis e d,Community
Services Director Regular Mtg.: 6/16/08
SUBJECT: Grand Old Fourth Agreement
I. REFERENCE(S):
1. Proposed Interlocal Agreement
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
6/16: Motion: I move to approve the Interlocal Agreement with Franklin County
for co-sponsorship of the 2008 Grand Old Fourth and, further, authorize the
Mayor to sign this agreement.
III. FISCAL IMPACT:
$17,500
IV. HISTORY AND FACTS BRIEF:
A) The City and Franklin County have cooperatively sponsored the Fourth of July
celebration at the stadium and TRAC since 2005. At the Council meeting of May
12, Council reviewed the concept of co-sponsoring a Rocktoberfest in addition to
the traditional Fourth of July events. Staff was directed to draft an agreement
limited to the traditional July activities.
B) The attached agreement provides for the City and County to equally share the cost
of the Grand Ole Fourth events, including pancake breakfast, parade, car show,
fireworks and pre fireworks show entertainment. The maximum cost to the City
is $17,500.
C) Staff recommends approval of the agreement.
10{b}
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITY OF PASCO
FOR CO-SPONSORSHIP OF 2008 GRAND OLD 4TH
THIS IS AN INTERLOCAL AGREEMENT (hereinafter referred to as "Agreement"), entered into
under the authority of the Interlocal Cooperation Act, Chapter 39.34 RCW, between Franklin County,
Washington, a political subdivision of the State of Washington (hereinafter referred to as the "County")
and City of Pasco, Washington, a municipal corporation (hereinafter referred to as the"City").
1. PURPOSE
The parties hereto agree that it is to their mutual benefit, and the benefit of the citizenry, to offer
citizens and their families an opportunity to celebrate our Nation's Independence through a multi-day and
multi-faceted event.
Subsequently, this Agreement is to provide a contract for the County and City to jointly and
equally sponsor the Grand Old 4th and related events to be held on July 3-5, 2008. Hereinafter referred
to as"events"_
2. LOCATION
The events shall be located at TRAC at 6600 Burden Boulevard, Pasco, GESA Stadium at 6200
Burden Boulevard, and Memorial Park in Pasco, Washington, 99301, within Franklin County.
3. DEFINITIONS
a. "City" shall mean the City of Pasco,Washington.
b. "County"shall mean Franklin County, Washington_
c. "Event" shall mean Grand Old 4th Independence Day Car Show, Pancake Breakfast, Parade and
Fireworks and Entertainment for Fireworks.
d. "Costs" shall be any and all expenses and other monetary liabilities accrued in the management
of the events.
e. "Expenses" shall be any and all costs and other monetary liabilities accrued in the management
of the events.
f. "Management authority" shall be the right to make any and all decisions on behalf of the parties
hereto related to the organizing, the functioning, and administration of the entire events, and shall
further include the complete terms of Section 6.
g. "Parties" shall mean the County and the City.
4. DURATION OF CONTRACT
This Agreement shall commence January 1, 2008 and shall expire on the 31s' day of August,
2008, unless otherwise modified or terminated by the parties. No new or separate legal or administrative
entity is created to administer the provisions of this Agreement.
5. GUIDING PRINCIPLES
The County and City agree to the following guiding principles:
1. Superior communication between County and City officials, staff, and citizens is essential
to the success of this Agreement_
2. In those instances where doubt or uncertainty exist, to err on the side of increased
communication and clarification.
3. Plan and implement all projects and programs with the perspective of all stakeholders in
mind.
4. Service delivery decisions will be based upon cost effectiveness.
\IsoWo ACSZBUEWDATA1Stan's Data147FH July Intedocal Agreement.doc 1
6. COUNTY'S RESPONSIBILITIES:
As a party to this Agreement, the County shall exercise sole management authority over the
entire events on behalf of all parties included in this Agreement. Management authority shall include the
following: 1) the scheduling, contracting, and expenditure of the total event budgets to secure services
for the event, and 2) the organizing and management of the event from their inception to their
conclusions, and 3) the collection and distribution of any and all revenues obtained from the event with a
detailed accounting, and 4) comply with all terms and conditions incorporated herein.
7. CITY'S RESPONSIBILITIES:
As a party to this Agreement, the City shall comply with all terms and conditions incorporated
herein. The City hereby grants the County all its rights, responsibilities, and authority, including
management authority, to carryout this Agreement. Additionally, as an event co-sponsored by the City,
the event shall be exempt from the requirements of the City's special events permit regulations; the City
hereby grants the County a special use permit and all other permits or licenses (required under Pasco
Municipal Code (PMC) Chapter 5.25) except for those provisions pertaining to temporary sales events by
non-Pasco business license holders.
8. BUDGET
The total budget for the events shall be Thirty Five Thousand ($35,000.00) dollars, The County
shall provide Seventeen Thousand Five Hundred ($17,500.00) dollars towards the budget and the City
shall provide Seventeen Thousand Five Hundred ($17,500.00) dollars towards the budget of the events.
The County shall not be obligated to provide any additional funds beyond its $17,500.00 share towards
the total budget. The City shall not be obligated to provide any additional funds beyond its $17,500.00
share towards the total budget. The total budgeted funds shall only be expended upon direct costs and
expenses involved with the organizing and management of the events, provided, however, neither party
shall charge for its staff time. All funds submitted shall be placed in the Franklin County 2008
Miscellaneous Grand Old 4th Budget, Number 425-000-001. The County and City shall both submit
$17,500.00 to the fund by the 1st day of July 2008. Following the aforementioned dates, said funds are
non-refundable, unless mutually agreed and negotiated by both parties.
The total budgeted funds shall only be expended upon costs and expenses accrued involved with
the organizing and management of the events. The County shall have sole authority to expend the total
budgeted funds. Accrued costs and expenses shall be equally divided among the parties hereto to
include fifty percent(50%) assessed to the County and fifty percent(50%) assessed to the City, not to
exceed the total amount of budgeted funds referenced above.
9. REVENUES
The County shall collect any and all owed revenues from the events. The County shall deposit
any and all collected revenues in the Franklin County 2008 Miscellaneous Grand Old 4th Budget, Number
425-000-001. The County shall distribute fifty percent (50%) of said revenues to the City and shall
maintain fifty percent(50%)of the revenues as its ownership share by August 31, 2008.
10. TERMINATION
This Agreement shall only be terminated prior to the period of its duration upon the mutual
negotiation and agreement of both parties.
XLso1o2lACSIDBlJELLIDATAXStan's DataWTH July Interlocal Agreemenl.doc 2
11. DISPUTE RESOLUTION
In the event of a dispute between the County and City regarding the delivery of services under
this Agreement, the County Administrator and the City Manager or their designated representatives shall
review such dispute, review options for resolution, and enter into a mutually agreeable resolution on
behalf of the parties. The mutually agreeable resolution of the County Administrator and the City
Manager regarding the dispute shall be final as between the parties.
If any controversy or claim arising out of or relating to this Agreement or the alleged breach of
such Agreement that cannot be resolved by the County Administrator and the City Manager, the dispute
may be submitted to mediation and if still not resolved, shall be submitted to binding arbitration in
accordance with the rules and procedures set forth in Chapter 7.04 RCW, and the judgment or award
rendered by the arbitrator may be entered in any court having jurisdiction thereof.
For the purposes of this section, any actions or decisions made by the County Administrator and
City Manager shall be subject to ratification by their Boards.
12. INDEMNIFICATION
The County shall indemnify and hold harmless the City, its agents, employees, and officers from
the intentional acts of negligence, if any, arising from the acts or omissions of the County, its agents,
employees, or officers as a result of this Agreement_
The City shall indemnify and hold harmless the County, its agents, employees, and officers from
the intentional acts of negligence, if any, arising from the acts or omissions of the City, its agents,
employees, or officers, as a result of this Agreement_
13. NOTICES
Any notice or demand from either party to the other shall be in writing and shall be deemed duly
served if and when mailed by registered or certified mail, return receipt requested, to the addresses set
forth below.
If to the County: Franklin County
1016 North Fourth Avenue
Pasco, WA 99301
Attention: County Administrator
If to the City: City of Pasco
525 North Third Avenue
Pasco, WA 99301
Attention: City Manager
14. BENEFICIARIES OF CONTRACT
This Agreement is solely for the benefit of the County and the City and creates no rights or
benefits of any type in any third parties.
15. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties hereto and shall not be
modified or amended in any manner except by an instrument in writing executed by the parties hereto.
\\solo2lACS\Dl3UELLIDATA\Stan's Data14TH July Interlocal Agreement.doc 3
Previous drafts of the agreement or any portion thereof and any oral negotiations shall not be utilized in
any manner by either party should any dispute arise as to the intent of the Agreement.
16. RECORD KEEPING
The County agrees to maintain a detailed and accurate record of the use of all budgeted funds,
including all costs and expenses actually incurred which shall be made available to the City upon request.
17. SEVERABILITY
In the event any provision of this Agreement shall be declared by a court of competent jurisdiction
to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions
shall not, in any way, be affected or impaired thereby.
18. AMENDMENT
The provisions of this Agreement may be amended with the mutual consent of the parties. No
additions to, or alterations of the terms of this Agreement shall be valid unless made in writing and
formally approved and executed by the duly authorized agents of both parties.
19. FILING OF AGREEMENT
This Agreement shall be filed pursuant to the requirements of RCW 39.34.040.
20. EXECUTION IN COUNTERPARTS
The County shall execute the original of this Agreement. Each other party hereto shall sign a
counterpart of the original of this Agreement. The parties hereto intend that all the signed counterparts
taken together with the original will be considered as one original document, and given full force and
effect as if all parties had signed one document.
IN WITNESS WHEREOF, Franklin County, Washington, has executed this Agreement by it's duly
authorized officials as of this day of , 2008.
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, WASHINGTON
Robert E. Koch , Chairman
Rick Miller, Chairman Pro Tern
Neva J. Corkrum, Member
ATTEST:
Clerk of the Board
IN WITNESS WHEREOF, the City of Pasco, Washington has executed this Agreement by its duly
authorized officials as of this day of 2008.
llso1o21ACS%DBUELL0ATA\Stan's Data14TH July interlocal Agreement.doc 4
CITY OF PASCO
FRANKLIN COUNTY, WASHINGTON
Joyce Olson, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Leland Kerr, City Attorney
1\solo2lACSOBUELLIDATA\Stan's DataATH July Interlocal Agreement.doc 5
AGENDA REPORT NO. 28
FOR: City Council June 12, 2008
TO: Gary Crutchfi Manager
Robert J. Albe s, u is Works Director
FROM: Michael McShok Engineer Regular Mtg.: 06/16/2008
SUBJECT: Award Burden Boulevard Improvements Project
I. REFERENCE(S):
1. Vicinity Map
2. Bid Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
06/16: MOTION: I move to award the low bid for the Burden Boulevard
Improvements to A&B Asphalt, Inc. in the amount of
$58,960.00 and further, authorize the Mayor to sign the
contract documents.
III. FISCAL IMPACT:
Arterial Street Fund
IV. HISTORY AND FACTS BRIEF:
A) On June 12, 2008 staff received three (3)bids for Burden Boulevard Improvements
Project. The low bid was received from A&B Asphalt, Inc. in the amount of
$58,960.00. The second lowest bid was received from Inland Asphalt Company in
the amount of$76,770.00. The Engineer's estimate for this project is $61,580.00.
V. DISCUSSION:
A) Located at the intersection of road 60 and Burden Boulevard, the project consists
of widening the south side from Road 60 to 500 feet to the East. This work shall
include, but is not limited to, the installation of curb, gutter, 3 driveway aprons
and paving necessary to widen Burden Boulevard.
Staff recommends award of this contract to A&B Asphalt, Inc..
10(c)
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CITY OE
IASCO
City of Pasco
Burden Boulevard Improvements
Project
June 12, 2008
BID SUMMARY
1. A&B Asphalt, Inc. $58,960.00
2. Inland Asphalt Company $76,770.00
3. Granite Northwest, dba Transtate Asphalt $9050.00