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HomeMy WebLinkAbout2009.02.09 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. February 9,2009 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Design Study-Police Station and Court Facilities: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated January 21, 2009. 2. Schematic Design Final Report (Council packets only; copy available in Administrative & Community Services Department office). (b) Heritage Center Rail Agreement: 1. Agenda Report from Gary Crutchfield,City Manager dated February 6, 2009. 2. Vicinity Map. 3. Proposed Rail Agreement (Council packets only; copy available in the City Manager's office, the Pasco Library or on the city's website at www.pasco-wy .�ov). (c) Six-Year Transportation Improvement Plan Commercial Avenue Extension: 1. Agenda Report from Robert J. Alberts, Public Works Director dated February 3, 2009. 2. Six-Year Transportation Improvement Plan. 3. Vicinity Map. (d) Professional Services Agreement with JUB Engineers,Inc.: 1. Agenda Report from Robert J. Alberts,Public Works Director dated February 3, 2009. 2. Professional Services Agreement, 3, Vicinity Map. (e) Sign Code Amendment(Community Event Regional Signs)(MF#CA08-005): 1. Agenda Report from David I. McDonald, City Planner dated January 28, 2009. 2. Proposed Ordinance. (f) Downtown Revitalization Involvement Options: 1. Agenda Report from Gary Crutchfield, City Manager dated February 5, 2009. 2. Memo to City Manager from Community&Economic Development Director dated 2/4/09. (g) Disposal of Surplus Property: 1. Agenda Report from Debbie Clark, City Clerk dated January 30, 2009. 2. Memorandum from David Renzelman, Crime Specialist/Evidence Technician. 3. Proposed Resolution. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT. Workshop Meeting 2 February 9, 2009 REMINDERS: 1. 12:00 p.m., Monday, February 9, Pasco Red Lion — Pasco Chamber of Commerce Membership Luncheon(Christopher Turner of CNT Consulting, presenter) 2. 10:00 a.m., Tuesday, February 10, Senior Center — Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; BOB HOFFMANN,Alt.) 3. 6:00 p.m., Tuesday, February 10, TRAC — Joint meeting with Franklin County Commissioners. (ALL COUNCILMEMBERS) 4. 7:30 a.m. — 4:00 p.m., Wednesday, February 11, Clarion House, Richland — Franklin County Emergency Management Table Top Drill. (MAYOR JOYCE OLSON) 5. 7:00 a.m.,Thursday, February 12, Cousin's Restaurant, Pasco—BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; TOM LARSEN, Alt.) 6. 7:00 p.m., Thursday, February 12, Transit Facility — Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS,Rep.; MIKE GARRISON,Alt.) 7. 5:30 p.m., Wednesday, February 18, Old Country Buffet, Kennewick — Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; AL YENNEY, Alt.) S. 12:00 p.m., Thursday, February 19, 515 W. Clark Street — Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.; MATT WATKINS, Alt.) 9. 7:30 a.m., Friday, February 20, Richland City Council Chambers — Hanford Communities Governing Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; AL YENNEY, Alt.) 10. 11:30 a.m., Friday, February 20, Sandberg Event Center, West Richland — Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN, Alt.) The City Council meeting of February 17 has been canceled. The next meeting will be held Monday, February 23, 2009. AGENDA REPORT FOR: City Council January 21, 2009 TO: Gary Crutchfie anager FROM: Stan Strebel, A ministrative and Community Workshop Mtg.: 2/9/09 Services Director SUBJECT: Report on Design v olice Station and Court Facilities I. REFERENCE(S): I. Schematic Design Final Report (Council packets only; copy available in Administrative and Community Services Department office.) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/9: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In April 2007, Council approved a contract with CKJT Architects for the preparation of a Municipal Facility Work Space Needs Study to project City office and facility needs for the next 30 years. The study identified housing of police and court offices as being the most critical to the City in the near term. B) In April 2008, Council approved an additional contract with CKJT for the preparation of schematic designs for police and court facilities. C) For the past 10 months, Jim Taylor of CKJT, has worked with City staff to develop a design concept including site plans, building floor plans and elevations and projected costs for possible new police and court facilities. Mr. Taylor will attend the Council meeting to present the results of this effort. 4(a) AGENDA REPORT TO: City Council February 6, 2009 FROM: Gary Crutchfi t anger Workshop Mtg.: 2/9/09 Regular Mtg.: 3/2/09 SUBJECT: Heritage Cent it Rail fggreement I. REFERENCE(S): 1. Vicinity Map 2. Proposed Rail Agreement(Council packets only; copy available in the City Manager's office, the Pasco Library or on the city's website at www.pasco-wa. og_v) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 219: Discussion 3/2: MOTION: I move to approve the Heritage Center Rail Agreement with the Port of Pasco and Columbia East LLC and, further, authorize the City Manager to sign the Agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The Heritage Industrial Center, the 600 acre area south of"A" Street between Oregon Avenue and SR-12 (see vicinity map), represents the prime opportunity to create rail- served industrial sites within the city. The concept is not only supported by the major property owner in that vicinity (Columbia East Partnership), but also by the Port of Pasco, TRIDEC, and BNSF Railroad. Further private industrial investment in this area will be a significant factor in expansion of the community's property tax base, an important goal of the City Council, B) Two years ago, BNSF Railroad gave tentative approval to the concept of installing a mainline rail switch near Oregon Avenue; that switch is necessary to permit a rail spur to be extended into the Heritage Industrial Center. In 2007, the Port obtained a $600,000 grant from the Franklin County Economic Development Fund (financed by the state to assist economic development) to pay for the mainline rail switch. Over the past 18 months, the Port has obtained design approval of BNSF and developed an agreement for benefiting property owners. The Port requires such an agreement to be in place before installing the switch, as it will assume responsibility to maintain the switch upon its installation as well as maintenance of any eventual rail spur. C) The city owns a 40-acre parcel of land in the vicinity of the future rail spur; thus, the Port requests execution of the rail line use agreement. V. DISCUSSION: A) Although the city's property is situated at the east end of the potential rail spur, the ability to have rail at all is totally dependent on the installation of the mainline switch. The proposed agreement presents three possible costs to the city: • Non-use maintenance: any cost incurred by the Port not associated with actual use (rail cars) of the spur will be shared based on acreage (city share is less than 10%). • Use maintenance: any costs incurred by the Port to maintain/repair the rail spur would be paid by those actually using the rail line. Latecomer: if the city (or a developer of the city's property) were to install a portion of the rail spur, it would be obligated to reimburse any party that had built a prior portion of the rail spur, on a pro-rata basis. B) Essentially, the rail agreement is essential if rail service is expected (or even desired) for this area. The agreement appears to reasonably allocate maintenance cost and the latecomer formula is necessary to assure equity in construction of the rail spur (those that benefit from the rail spur will pay for it). C) Staff recommends approval of the agreement. 4(b) sn Y "�i. F++♦'V.l. bra•[^,rig.+.�l j or a'f 1 I t _S :.'S•=•W54'4 �""."+`•`°.wa'fr 1,�1 1' �.. i - 'P.1akT h{� •� IIIt � � (�I t � ,����.f'�3 `�I .. �' P f`• (s z`y�(C,E:'p�f" „�- III i t�"T'.•i,y.' ,a .'�,.:•. r rr Y L I. w�,,.,,:.'�°�;._ �,_�.. � ;� yr,4• r " per„r r v T L. �� µLT�4�� sY.. .0:sfsF 4,_ � �(}` ��iy't-• ' w1Y ' �.�"�fit• ....y .� ,i��-_i� � � �. �4'�t -ba '� �.,:. M_ {fit. �• ; , �?hi ! Tile amort vi I Al �e^y,LT. ! I '°�i-RL c r _ ` f 1.r � t.�:5j p.✓ tr i'•.i .Yt`-i.. !"V 1-r'A�iP,a'i,�°, �'"`+. ;A':-'z';�••'•�' �i1.i..`_ f �_ j DRAFT After recording return to: DAN F. HULTGRENN P O BOX 2368 PASCO WA 99302 AGREEMENT FOR MAINTENANCE AND USE OF RAIL LINE AND LATECOMER AGREEMENT THIS AGREEMENT FOR MAINTENANCE AND USE OF RAIL LINE AND LATECOMER AGREEMENT(the"Agreement') is executed this day of , 2008 by the PORT OF PASCO, a Washington municipal corporation (the "Port") and COLUMBIA EAST, LLC, a Washington limited liability company, the CITY OF PASCO, a Washington municipal corporation; and NEIL F. LAMPSON, INC., a Washington corporation ("Land Owners") with reference to the following facts: RECITALS A. The Port,Neil F. Lampson, Inc., and Columbia East, LLC entered into a Rail and Utility Easement dated , 2008 (the "Easement Agreements") granting to the Port the right,privilege and authority to install, construct, erect, alter, repair, improve, extend, maintain, operate, change, remove, reconstruct, renew and relocate a rail line, together with a road associated with the rail line over, under and across the following described lands (the "Easement Areal: A STRIP OF LAND BEING THE SOUTH 25.00 FEET OF THE NORTHWEST QUARTER OF SECTION 34,TOGETHER WITH THE SOUTH 25.00 FEET OF THE NORTHEAST QUARTER OF SECTION 33, ALL IN TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY, WASHINGTON. And A STRIP OF LAND BEING THE NORTH 100.00 FEET OF THE SOUTH 125.00 FEET OF THE NORTHWEST QUARTER OF SECTION 34, TOGETHER WITH THE NORTH 100.00 FEET OF THE SOUTH 125.00 FEET OF THE NORTHEAST QUARTER OF SECTION 33, ALL IN TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY, WASHINGTON. And A STRIP OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33,TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY, WASHINGTON. LYING NORTHERLY 25.00 FEET ADJACENT AND PARALLEL TO THE BURLINGTON NORTHERN DRAFT COMPANY'S NORTHEASTERLY RIGHT OF WAY LINE DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE SOUTH 00 028'04"WEST ALONG THE NORTH-SOUTH CENTERLINE THEREOF A DISTANCE OF 2636.45 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 33 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHEASTERLY RIGHT OF WAY THE FOLLOWING COURSES,NORTH 89017'3 1"WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 470.37 FEET; THENCE NORTH 66°00'29"WEST A DISTANCE OF 756.81 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01°04'55", A RADIUS OF 11209.20 FEET, A CHORD BEARING OF NORTH 49°15'32" WEST, AN ARC DISTANCE OF 211.67 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 33 AND TERMINUS OF DESCRIBED LINE. And A STRIP OF LAND 100.00 FEET IN WIDTH LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY, WASHINGTON. BEING THE NORTHERLY 100.00 FEET OF THE SOUTHERLY 125.00 FEET OF THE FOLLOWING DESCRIPTION, ADJACENT AND PARALLEL TO THE BURLINGTON NORTHERN COMPANY'S NORTHEASTERLY RIGHT OF WAY LINE; COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE SOUTH 00 028'04"WEST ALONG THE NORTH-SOUTH CENTERLINE THEREOF A DISTANCE OF 1318.23 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 33 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°28'04" WEST CONTINUING ALONG SAID NORTH-SOUTH CENTERLINE A DISTANCE OF 1318.22 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER AND SAID BURLINGTON NORTHERN COMPANY'S NORTHEASTERLY RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING COURSES NORTH 89°17'31"WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 470.37 FEET; THENCE NORTH 66°00'29" WEST A DISTANCE OF 756.81 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01°04'55", A RADIUS OF 11209.20 FEET, A CHORD BEARING OF NORTH 49°15'32"WEST, AN ARC DISTANCE OF 211.67 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 33; THENCE NORTH 00 035'02" EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 884.40 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER THENCE SOUTH 89°13'40" EAST ALONG THE NORTH LINE THEREOF A DRAFT DISTANCE OF 1324.00 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER AND THE TRUE POINT OF BEGINNING. B. The Easement Agreements provide that any rail line and associated improvements constructed shall be owned by the Port, which shall retain the right to establish the terms and conditions of usage of the rail line and establish fees for rail line usage. The Port shall be responsible for the maintenance of the rail line once it is constructed in a manner acceptable to the Port in the Port's sole discretion. C. The Port will construct, at the Port's expense, a switch connecting the rail line to the main rail line, together with feet of rail leading through the Easement Area from the switch to the parcels benefited by the rail line. D. The purpose of this Agreement is to outline the provisions relating to costs of construction of rail and associated improvements to and across the Easement Area, and the use and maintenance of the rail line after construction. NOW, THEREFORE, in consideration of the foregoing recitals, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The Owners of the real property described below, and their successors, assigns, lessees and licensees may use the rail line constructed on the Easement Area,but only subject to the terms and conditions of this Agreement. The real property that is eligible to use the rail line is designated on the attached map and legally described as follows: The Northerly 330 feet of the Northeast quarter of Section 33, Township 9 North, Range 30 E.W.M., Franklin County, Washington (Parcel #112-430-012); And The North 330 feet of the Northeast quarter of the Northwest quarter of the Northwest quarter and the North 330 feet of the West one-half of the West one-half of the Northeast quarter of the Northwest quarter, all in Section 34, Township 9 North Range 30 East, W.M., Franklin County, Washington (Parcel#112-530-048); And The Northeast quarter of Section 33, Township 9 North, Range 30 East, W.M., in Franklin County, Washington, except the Northerly 330 feet thereof(Parcel #112-430- 021); And The Northeast quarter of the Southeast quarter of Section 33, Township 9 North, Range 30 East, W.M., lying Northerly of the right-of-way of the Spokane, Portland and Seattle Railway Company, EXCEPT the following tract heretofore conveyed to the Northern DRAFT Pacific Railway Company a corporation, by deed dated September 20, 1926 and recorded in Book 46 of Deeds, page 265, described as follows: That portion of the East half of said Northeast quarter of the Southeast quarter of said Section 33,Northeasterly of and adjacent to the right of way of the Spokane Portland and Seattle Railway Company, lying between lines parallel with and distance respectively 200 feet and 320 feet Northeasterly measured at right angles from the center line of the main track of the said Spokane, Portland and Seattle Railway Company, and EXCEPT that portion of the Northeast quarter of the Southeast quarter of Section 33, Township 9 North, Range 30 East, W.M., described as follows: Beginning at survey station 0+50.0 on the survey line of the Bonneville Power Administration's transmission line for the service to Pasco Reconsignment Depot, said point being South 330.7 feet and West 1076.0 feet from the East quarter corner of said section 33; Thence South 65°15' East a distance of 50 feet; Thence South 24°45' West a distance of 100 feet; Thence North 65°15' West a distance of 100 feet; Thence North 24°45' East a distance of 100 feet; Thence South 659 5' East a distance of 50 feet to the point of beginning (Parcel #112-510-079; And The South half of the Northwest quarter of Section 34, Township 9 North, Range 30 East, W.M., in Franklin County, Washington The South half of the Northwest quarter of the Northwest quarter of Section 34, Township 9 North, Range 30 East, W.M., in Franklin County, Washington The Northeast quarter of the Northwest quarter of the Northwest quarter of Section 34, Township 9 North, Range 30 East, W.M., EXCEPT the Northerly 330 feet thereof, in Franklin County, Washington The West half of the West half of the Northeast quarter of the Northwest quarter of Section 34,Township 9 North, Range 30 East, W.M., EXCEPT the Northerly 330 feet thereof, in Franklin County, Washington (Parcel #112-530-100); And The North half of the North half of the Southwest quarter of Section 34 in Township 9 North of Range 30 East W.M., Franklin County, Washington (Parcel #112-540-019); And That portion of the Southeast quarter of the Northwest quarter and the Northwest quarter of the Southeast quarter of Section 33, Township 9 North, Range 30 East, W.M., records of Franklin County, Washington; lying Northerly of the Northerly right of way line of Burlington Northern Railroad, EXCEPT the following parcels: DRAFT PARCEL A: A tract of land in the Southeast quarter of the Northwest quarter of Section 33, Township 9 North, Range 30 East, W.M., Franklin County, Washington, lying Northeasterly of and contiguous to the Spokane, Portland & Seattle Railway Company's (now Burlington Northern Railroad Company) Northeasterly right-of-way line, said tract being more particularly described as follows: Beginning at the North quarter corner of said section from whence the Northwest comer bears North 89 109'48" West 2642.65 feet; Thence South 00°28'04" West along the North-South centerline of said section 2636.45 feet to the Southeast corner of said Southeast quarter of the Northwest quarter of Section 33; Thence North 89°17'31" West along the South line of said subdivision 470.37 feet to a point 300 feet Northeasterly of(measured at right angles to)the centerline of the main line of said Spokane, Portland & Seattle Railway Company and True Point of Beginning; Thence North 66°00'29"West 756.81 feet to an intersection with a curve to the right from whence the center bears North 40°]2'01" East 11,209.20 feet; Thence Northwesterly along said curve to a point from whence the center bears North 41°16'56" East 11,209.20 feet, said point being on the West line of said Southeast quarter of the Northwest quarter of Section 33; Thence South 00°35'02" West along said Westerly line 65.84 feet to an intersection with a curve to left from whence the center bears North 41°03'49" East 11,259.20 feet, said curve being the Northeasterly ri ght-of-way line of the Spokane, Portland & Seattle Railway Company as operated by the Northern Pacific Railway Company, said right-of-way line being 200 feet Northeasterly of(measured at right angles to) the centerline of the main line; Thence Southeasterly along said right-of-way line and said curve to a point from whence the center bears North 38°04'00" East 11,259.20 feet, said point being on the South line of said Southeast quarter of the Northwest quarter of Section 33; Thence South 89°17'31" East along said South line 398.51 feet to the True Point of Beginning. PARCEL B: a tract of land in the Northwest quarter of the Southeast quarter of Section 33,Township 9 North, Range 30 East, W.M., Franklin County, Washington, lying Northeasterly of and contiguous to the Spokane, Portland & Seattle Railway Company's (now Burlington Nor-them Railroad Company) northeasterly right-of-way line, said tract being more particularly described as follows: Beginning at the North quarter comer of said section from whence the Northwest comer bears North 89 109'48" West 2642.65 feet; Thence South 00 128'04" West along the North-South centerline of said section 2636.45 feet to the Northwest comer of said Northwest quarter of the Southeast quarter of Section 33; DRAFT Thence continuing South 00 028'04" West along the West line of said subdivision 202.79 feet to a point on a line parallel with and 300 feet Northeasterly of (measured at right angles to)the centerline of the main line of said Spokane, Portland & Seattle Railway Company and True Point of Beginning; Thence South 66°00'29" East along said line 1433.90 feet to a point on the Easterly line of said subdivision; Thence South 00 115'09"West along said Easterly line 218.49 feet to a point on the Northeasterly right-of-way line of said Spokane, Portland & Seattle Railway Company, said line being parallel with and 100 feet Northeasterly of (measured at right angles to) the centerline of the main line of said Railway Company; Thence North 66°00'29"West along said right-of-way line 1434.79 feet to a point on the Westerly line of said Northwest quarter of the Southeast quarter of Section 33; Thence North 00°28'04" East along said Westerly line 218.13 feet to the True Point of Beginning. (Parcel #112-510-060 and#112-470-014) (the"Benefited Lands"). 2. Grant of Non-Exclusive Rail Line Use. The Port hereby grants to Land Owners and their permitted successors, assigns, contractors, lessees and licensees a license for the purpose of installation, construction and use of a single track rail line, including all track, siding, grading, earthwork drainage, access roads, crossings, switches, communications and signaling equipment and related equipment, and including all auxiliary equipment necessary to operate, maintain or repair the rail line(collectively, the"Rail Line"), across the Easement Area that will provide for access by rail to and from the Benefited Lands and the main line of Burlington Northern or any other Railroad with whose tracks the Rail Line is interconnected. The Rail Line may be utilized by the Port, and any Land Owners and their permitted successors, assigns, lessees and licensees so long as a Land Owner has contributed to the construction of the Rail Line in the manner hereinafter provided. 3. Construction Improvements. (a) Rail Line Project. A Land Owner may design, engineer, develop, permit and construct a portion or segment of the Rail Line within the Easement Area in accordance with the terms, covenants, conditions, provisions and requirements set forth in this Agreement. The Rail Line constructed shall be constructed in accordance with plans and specifications approved by the Port prior to construction, and following construction, the Land Owner shall supply the Port with reproducible as-built drawings regarding the Rail Line constructed by the Land Owner. Upon completion of the Rail Line improvements and the Port's certification that they are acceptable to the Port and in conformance with plans and specifications previously approved by the Port, the Land Owner shall convey the Rail Line improvements to the Port in consideration of the benefits derived under this Agreement. DRAFT 4. No person, firm, corporation, or Land Owner ("Latecomer") shall be granted a license or other permission to utilize that portion of the Rail Line constructed by a Land Owner without first paying to the Land Owner who constructed the improvements (the "Improvement Provider") an amount determined below (the "Contribution"), in addition to the fees charged by the Port for usage of the Rail Line. The Contribution of the Latecomer to Improvement Provider shall be calculated as follows: The Latecomer shall pay(without interest) to the Improvement Provider a percentage of the total construction cost of the Rail Line incurred by the Improvement Provider based on the number of square feet of Latecomer's parcel served by the Rail Line improvement and the square feet of the Improvement Provider's parcel served by the Rail Line improvement. The users shall share pro rata the cost based on the respective size of each user's Benefited Lands. Example: The Rail Line improvement cost incurred by the Improvement Provider is $100,000.00. An additional Landowner desires to use that portion of the rail constructed by the Improvement Provider. The Latecomer's parcel served by the improvement is 50,000 square feet in size and the Improvement Provider's parcel is 75,000 square feet in size. The Latecomer would pay$40,000.00 to the Improvement Provider. 50,000 = x 125,000 $100,000 x = $40,000 2 owes I on 1's improvement Costs expended in extending the Rail Line beyond the parcel of the Improvement Provider shall not be considered in the calculation. However, should an additional Land Owner desire to use the Rail Line improvement constructed by the first Latecomer in addition to that of the Improvement Provider, the additional Land Owner who is using rail constructed by both the Improvement Provider and the first Latecomer shall pay on a pro rata basis the Improvement Provider and the first Latecomer for a share of the Improvement Provider's construction costs, together with a pro rata share of the cost of the first Latecomer's improvements as illustrated below. Example(continued): Assuming the facts stated above regarding the construction of sections of Rail Line by the Improvement Provider and first Latecomer. The cost expended by the first Latecomer adding to the Rail Line constructed by the Improvement Provider is $50,000.00. The square footage of the parcel owned by the additional Latecomer served by the Rail Line is 25,000 square feet. The additional Latecomer's share of the first improvement is $16,667.00, and the additional Latecomer would pay the first Latecomer 40% of$16,667.00 and the Improvement Provider 60% of$16,667.00. This is the additional Latecomer's share of the first improvement. In addition, the DRAFT additional Latecomer would pay to the first Latecomer a share of the first Latecomer's improvement by paying the sum of$16,667.00. 1. Improvement Provider 2. First Latecomer 3. Additional Latecomer 25,000 = x 150,000 $100,000 x= $16,667 3 owes 1 and 2 for its share of 1's improvement (40%to 2; 60% to 1) 25,000 = x 75,000 $50,000 x= $16,667 3 owes 2 for 3's share of 2's improvement 5. If prior to the expiration of one (1) year after the date of the completion of the construction of any portion of the Rail Line any work is found to be defective, the Land Owner who constructed it shall promptly, without cost to the Port, and in accordance with written instructions issued by the Port, either correct such defective work or, if it has been rejected by the Port, remove and replace it with non-defective work. If the Land Owner does not promptly comply with the terms of such instructions, the Port may have the defective work corrected or the rejected work removed and replaced and all direct and indirect costs of such correction, removal and replacement, including compensation for professional services, shall be reimbursed to the Port by the Land Owner who made the Rail Line improvements. 6. Payments for Use. Any Land Owner using the Rail Line will for each month pay the Port a per-railcar fee (plus any applicable Leasehold Excise Tax) as determined by the Port. All such fees will be paid monthly in arrears on or before the tenth (10"') day of the following month, and will be prorated for any partial month on the basis of the actual number of days in such month. The amount of such fees will increase from time to time as determined by the Port. Maintenance and Rgpair Costs. All Land Owners of Benefited Lands (and their successors and assigns) shall pay a portion of the Port's cost of maintenance and repair of the Rail Line not covered by the per-rail car fees described above on a pro rata basis, based on each Land Owner's percentage ownership of the Benefited Lands. Such maintenance and repair cost shall be paid within forty-five (45) days of notice of the amount thereof. Late Payment. If any amount to be paid by a Land Owner to the Port under this Agreement is not received by the Port within ten(10) days after the applicable due date therefore, then the Land Owner shall be required to pay the Port, regardless of whether or not the DRAFT Port has delivered to the Land Owner a notice of default with respect to such payment, and in addition to any other amounts then owing from the Land Owner to the Port, a late payment charge in an amount equal to five percent (5%) of the amount of such delinquent payment amount. Furthermore, if such delinquent payment amount and late payment charge are not received within fifteen (15) days after the original due date for such payment amount, the Land Owner shall be required to pay interest on such delinquent payment and late charge at the rate of twelve percent(12%) per annum from the date due until payment in full. 7. Use of Rail Line. (a) General Standards Governing Use of Rail Line. Any permitted Rail Line user will be entitled to use the Rail Line on the terms and subject to the conditions set forth in this Agreement and the rules and regulations of the Port. No person using the Rail Line will be permitted to use the Rail Line in a manner that would(i) violate any applicable law, (ii) violate any requirement of this Agreement, (iii) cause a violation of any permit issued by any governmental authority with respect to any improvement, (iv) make it commercially impracticable for the Port or any Land Owner to obtain any fire or other insurance, (v)result in a violation of Port's Industry Track Agreement with BNSF Railway Company, or (vi) create or constitute a public or private nuisance. (b) Rail Line Use Protocols. (i) Prior to the Rail Line construction completion by any Land Owner, the Land Owner will prepare and submit for review by the Port and the Rail Line users protocols for scheduling and otherwise coordinating use of the Rail Line by all permitted Rail Line users (the"Rail Line Use Protocols"). The Rail Line Use Protocols will not grant any priority rights to any user, and shall be established to use the Rail Line to accommodate the Rail Line use rights of all Rail Line users. (ii) No person other than permitted Rail Line users will be permitted to use the Rail Line. Permitted Rail Line users will be permitted to use the Rail Line solely for the transportation by rail, between the Railroad main rail line and the warehouses, buildings and other structures and improvements now or hereafter located within the Benefited Lands, and the loading, unloading and repositioning of railroad rolling stock in connection therewith. No train or railroad rolling stock will be permitted to block access to the Rail Line or any Additional Rail Improvements (defined below) except during actual movement on, around or from the Rail Line, and during such period of time as is reasonably necessary for loading and unloading, of the train or rolling stock (and in no event may any train or rolling stock simultaneously block access to more than one access point except during actual movement of such train or rolling stock onto, around or from the Rail Line). Any Rail Line user will schedule train arrivals and departures only at such times as appropriately trained personnel are available to assist in the timely and efficient loading and unloading of rail cars. (iii) The Rail Line Use Protocols and any amendments and modifications thereto will be required in each instance to be reasonably acceptable to the Port and Rail Line users, and neither the initial Rail Line Use Protocols nor any amendments, modifications or supplements thereto will become effective unless and until such time as they DRAFT have been approved(such approval not to be unreasonably withheld or delayed)by the Port and the Rail Line users. The Port will maintain a copy of the then current Rail Line Use Protocols at its office at all times, and each permitted Rail Line user will be entitled upon request to receive without charge a copy of such Rail Line Use Protocols. (c) Port's Right to Construct Additional Rail hp rovements. The Port reserves the following rights for itself and all present and future permitted Rail Line users: the right to construct, own, operate,maintain, repair and use a second Rail Line and one or more bypass rail lines, sidings, trackage and rail spurs within the Easement Area (collectively, the "Additional Rail Improvements"). 8. Access to Lands South of Easement Area. Each separate parcel of the Benefited Lands shall have the right to construct at its expense one sixty foot (60') wide road, crossing the Easement Area for access to the Benefited Lands south of the Easement Area. The road crossing shall be constructed in accordance with plans and specifications approved by the Port prior to construction. The road construction project shall be completed in a manner and at such times that it does not impede rail traffic utilizing the rail on the Easement Area. There is an existing non-exclusive easement granted by Columbia East, LLC to Neil F. Lampson, Inc. dated granting the right of ingress and egress over the west sixty(60) feet of the northeast quarter of Section 33, Township 9 North, Range 30 East, W.M. which crosses the Easement Area. In the event that a Rail Line is constructed intersecting this easement for ingress and egress, a road crossing shall be constructed across the Easement Area by the Improvement Provider at the Improvement Provider's expense. The road crossing shall be constructed in accordance with plans and specifications approved by the Port prior to construction. The cost of the road improvement shall be included as part of the Rail Line improvement cost, and shall he subject to the contribution by a Latecomer in the same manner of all other rail improvement costs pursuant to Section 4 hereinabove. 9. Exculpation and Indemnification. The Port and its commissioners, officers, employees, permitted successors and assigns shall not be liable for any loss, claim or damage to persons or property resulting from the use of the Easement Area or the Rail Line by any Land Owner or any Rail Line user or any of their respective agents, employees, contractors, subcontractors, tenants, subtenants, invitees, successors and permitted assigns, except for loss, claim or damage resulting from the negligence or willful misconduct of the Port, its commissioners, officers, agents and employees. Each Land Owner shall protect, defend, indemnify and hold the Port harmless from and against any and all claims, demands, losses, damages, expenses and liabilities suffered by the Port arising out of the use by that Land Owner and its members,managers, officers, employees, agents, contractors, subcontractors, tenants, subtenants, invitees, successors and permitted assigns except to the extent caused by the negligence or willful misconduct of the Port or the Port's officers, commissioners, agents and employees. The Port shall give Land Owner prompt written notice of any suit or proceeding entitling the Port to indemnification pursuant to this Section 9 and the Land Owner shall thereafter defend the Port in said suit or proceeding and with counsel admitted to practice in the State of Washington reasonably acceptable to the Port at its sole cost and expense to the extent required under this Section 9. DRAFT 14. Compliance with Environmental Laws. Hazardous Materials. Each Land Owner and the Port hereby represents, warrants, covenants and agrees that all operations or activities in, on, under or about the Easement Area, or any portion thereof, including, but not limited to, the construction, operation, use, maintenance and repair of the Rail Line constructed within the Easement Area or any portion thereof,by a Land Owner or the Port or any of their agents, employees, contractors, subcontractors, tenants, subtenants, invitees, successors or permitted assigns shall be in compliance with all environmental laws and regulations governing or in any way relating to the generation, handling, storage,use, transportation, discharge, disposal or Release (whether legal or illegal, accidental or intentional) of any Hazardous Materials, including compliance with rules, regulations and orders applicable to the Port generally. In the event that a Land Owner or the Port learns or has knowledge of any migration or Release of Hazardous Materials onto the Easement Area or any parcel within the Benefited Lands, that party shall promptly advise the other(s) of such migration or Release following its first discovery or knowledge thereof and shall further reasonably cooperate with each other in identifying the source of the migration or Release, preventing any further migration or Release, and remedying any condition arising from such migration or Release. Neither the Land Owner nor the Port shall permit or authorize in violation of environmental law, any Hazardous Materials that it brings, permits or authorizes to be brought to the Benefited Lands to migrate off the property and onto the Easement Area, or allow the Release of any Hazardous Materials in violation of environmental law. For purpose of this Agreement, "Release" or"Released" shall mean releasing, spilling. Leaking, pumping, pouring, flooding, emitting, emptying, discharging, injecting, escaping, leaching, disposing or dumping Hazardous Materials in or into the air, soil, surface water or ground water in, on, about or under the Easement Area. Upon a party's request to another party to this Agreement, a party shall provide another with copies of all environmentally related regulatory permits or approvals (including revisions or renewals) and any correspondence a party receives from, or provides to, any governmental authority in connection with a party's handling of Hazardous Materials or the presence, or possible presence, of any Hazardous Materials on the Easement Area. "Hazardous Materials"means any chemicals, materials, substances, or items in any form, whether solid, liquid, gaseous, semisolid, or any combination thereof, whether waste materials, raw materials, chemicals, finished products,by-products, or any other materials or articles, which are listed or regulated as hazardous,toxic or dangerous, or for which liability or standards of care are imposed, under any environmental law, including petroleum products, asbestos, PCBs, coal combustion by-products, urea formaldehyde foarn insulation, lead-containing paints or coatings, and any substances included in the definition of"hazardous debris", "hazardous substances", "hazardous materials", "hazardous wastes", "toxic substances", "pollutants", "contaminants"or words of similar import, under any environmental laws. DRAFT 11. Defaults and Remedies. (a) Events of Default. A Land Owner shall be in default under this Agreement if any of the following events occur(each, an "Event of Default"): (1) A Land Owner fails to pay any payment obligation and such amount is not paid within thirty(30) days following notice from the Port to the Land Owner, or from another Land Owner of sums due under Sections 4 and 6 hereinabove. (ii) A Land Owner fails to perform any obligation imposed upon the Land Owner under this Agreement(other than a failure to pay any payment obligation) and such failure is not remedied within thirty(30)days after the Land Owner receives notice thereof from the Port; provided that, if such breach or default is curable but such thirty(30)-day period is not sufficient to enable the remedy or cure of such failure in performance, and the Land Owner will have upon receipt of the initial notice promptly commenced and diligently continued thereafter to remedy such failure, then the Land Owner will have a reasonable additional period of time (but in no event longer than an additional three hundred and sixty five(365) days from the end of the initial thirty(30)-day cure period) to remedy or cure such failure. (b) Remedies. (i) Upon the occurrence of an Event of Default, the Port and any Land Owner may exercise any rights available to the Port or any Land Owner under law or in equity including the right to seek injunctive relief where appropriate. (ii) Without limiting the provisions of Section 11(b)(i), upon the occurrence of an Event of Default, the Port may terminate this Agreement. (iii) The Port or any Land Owner may, at its discretion, exercise its available remedies in the alternative, concurrently or cumulatively,provided that in the event of a payment default the concurrent or cumulative exercise of remedies will not result in duplication or a recovery on the part of the Port or a Land Owner of an amount in excess of the amount in default (plus default interest or applicable late charges). No delay or omission by the Port or a Land Owner in exercising its rights or remedies hereunder will operate as a waiver of those rights or remedies or of any other right or remedy otherwise provided at law or in equity and no single or partial exercise thereof will preclude any other or future exercise thereof or the exercise of any other right or remedy. 12. Notices. Any notices or other communications required or permitted by this Agreement or by law to be served on, given to, or delivered to either party hereto by the other party shall be in writing and shall be deemed duly served, given or delivered when: (a) personally delivered to the party to whom it is addressed or in lieu of such personal service, (b) three (3) days after it is deposited in the United States mail, first-class postage prepaid, certified or registered, return receipt requested, addressed as follows, or(c) when sent via facsimile transmission with machine confirmation of receipt followed by a"hard" copy mailed regular mail, within one (1)business day thereafter addressed as follows: DRAFT Any notice, demand or request directed to the Port will be delivered to: Port of Pasco P. O. Box 769 904 E. Ainsworth Pasco, WA 99301 Attention: Executive Director Facsimile: (509) 547-2547 With a copy to: Kuffel, Hultgrenn, Klashke& Shea P O Box 2368 1915 Sun Willows Blvd., Ste A Pasco WA 99301 Attention: Dan F. Hultgrenn Facsimile: (509) 545-3019 Any notice, demand or request directed to a Land Owner will be delivered to: Columbia East, LLC Attention: Facsimile: City of Pasco Attention: Facsimile: Neil F. Lampson, Inc. Attention: Facsimile: 13. Miscellaneous. (a) Recitals Incorporated. Each recital set forth above is incorporated into this Agreement as though fully set forth herein. DRAFT (b) Captions. The captions and paragraph headings contained in this Agreement are for convenience of reference only and in no way limit, describe, extend or define the scope or intent of this Agreement, nor the intent of any of the provisions hereof. (c) Amendments; Waivers. No modification or amendment of this Agreement may be made except by written agreement signed by all parties. No failure by any of the parties hereto to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, agreement, term or condition. Any party hereto, by notice and only by notice as provided in Section 12 of this Agreement may, but shall be under no obligation to,waive any of its rights or any conditions to its obligations hereunder or any duty, obligation or covenant of any other party hereto. No waiver shall affect or alter this Agreement and each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. (d) Neutral Authorship. In connection with the execution and delivery of this Agreement each party has been represented by counsel. Each of the provisions of this Agreement has been reviewed and negotiated and represents the combined work product of all parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same shall be applicable in connection with the interpretation of any of the provisions of this Agreement. (c) Terminology. All personal pronouns used in this Agreement, whether used in the masculine, feminine and neuter gender, shall include all other genders, the singular shall include the plural and vice versa as the case context may require. (f) Complete Agreement. This Agreement, together with the Amendment of Easement and the Rail and Utility Easement are intended to be the entire agreement of the parties and supersedes all prior agreements and understandings between the parties hereto relating to the subject matter hereof (g) Relationship of Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership,joint venture or other arrangement between the Port and any Land Owner, and no party shall have the power to bind or obligate another party. No Land Owner shall have any right or authority, express or implied, to commit or otherwise obligate the Port in any manner whatsoever except to the extent specifically provided herein, or specifically authorized in writing by the Port. The Port shall have no right or authority, express or implied, to commit or otherwise obligate any Land Owner in any manner whatsoever except to the extent specifically provided herein or specifically authorized in writing by said Land Owner. (h) Time is of the Essence. Time is of the essence in the performance of any obligations under this Agreement. (i) Injunctive Relief. The parties expressly agree that their obligations set forth in this Agreement are necessary and reasonable in order to protect each party and its DRAFT business and that monetary damages would be inadequate to compensate either party for any breach by the other party of its covenants and agreements set forth in this Agreement. Accordingly, the parties acknowledge and agree that any such violation or threatened violation will cause irreparable injury to the aggrieved party and that in addition to any other remedies that may be available in law, in equity or otherwise, the aggrieved party will be entitled to obtain injunctive relief, including temporary restraining orders, specific performance, preliminary injunctions and permanent injunctions, against the threatened breach of this Agreement or the continuation of any such breach by the breaching party, without the necessity of proving actual damages and without the necessity of posting a bond or making any undertaking in connection therewith. Any such requirement of a bond or undertaking is hereby waived by each party and each party acknowledges that in the absence of such a waiver, a bond or undertaking might be required by a court. 0) Counterparts. This Agreement maybe executed in counterparts, each of which shall be considered an original and all of which when taken together will constitute one and the same agreement. (k) Authority. Each of the persons signing below represents and warrants that they have the requisite authority to bind the party on whose behalf they are signing. (1) Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to principles of conflicts of laws, and venue of any action brought to enforce this Agreement shall lie in the Superior Court for Franklin County or the United States District Court for the Eastern District of Washington and the parties waive the right to file suit elsewhere. Except as otherwise expressly provided herein, in the event of any litigation,mediation, arbitration or other proceeding brought to enforce or interpret or otherwise arising out of this Agreement, the prevailing party shall be entitled to an award of reasonable costs, expenses and attorneys fees in connection therewith, at trial and on appeal. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. PORT OF PASCO COLUMBIA EAST, LLC By: By: Name: James E. Toomey Name: Title: Executive Director Title: CITY OF PASCO NEIL F. LAMPSON, INC. By: By: Name: Name: Title: Title: om - ia. `*" :may,..' 4 � ..:• ����.. .�,�_ .'fc .ir-•.a, { } v yr• +.M :ra rr4.� � ��+f^, a, •`� �'��Yr�.�:'•:ter f_ �r' �.s-a�-;fi,��r,, �'{•,�,� .F' t 4 b; a r1.c �' rIr 2 .b '� f ME } • s AGENDA REPORT NO. 11 FOR: City Counche , February 3, 2009 TO: Gary CrutcManager FROM: Robert J. ublic Works Director Workshop Mtg.: 02/09/09 Regular Mtg.. 03/02/09 SUBJECT: Discussion of Six-Year Transportation Improvement Plan Commercial Ave. Extension I. REFERENCE(S): 1. Six Year Transportation Improvement Plan 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 02109: Discussion: 03/02: MOTION: I move to approve the amendment to include Commercial Avenue Extension to the Six Year Transportation Improvement Plan. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Each year, agencies prepare their Six Year Transportation Improvement Plan (STIP) which is adopted by the end of June yearly. Any changes to the STIP need to be presented to City Council for approval. V. DISCUSSION: A) The City of Pasco was requested to submit projects through the Benton Franklin Council of Governments to be added to the original list of projects being submitted for the federal stimulus package. The City submitted two projects to be considered; Powerline Road and Commercial Avenue Extension. Powerline Road was included in the 2009 — 2014 STIP adopted on July 7, 2008, however Commercial Avenue Extension was not. Staff recommends that Commercial Avenue Extension be added to the STIP. Commercial Avenue will be extended from Foster Wells Road south, approximately one mile. The road is estimated at $800,000 and utilities are estimated at $600,000. Installation of utilities will be included at time of construction, which would be the City's contribution. 4(c) E M \\ 0 $ _ o I ± ±z § § § ; z eeI° a E S a ° F- © > p , 7 — 6. 27 2 < 12 24 — a �- 0 ( N 2 o � [2 � CD w J 7 k 0 CL k k )} a CD ° 2 F- = 7 )® as � k LL } 2 E ;2 cli aJ m) § rn 2a �LLo A ƒ r \ § _ Go co 00 2 I0I L) § )gym k _ ! CL $ )}) q LL « . §)/ , d §® f � � _k MO ) e � a -po,#m w a a 4uQ-1 ! CD co ® . � mf4s Ln a >odA! ' ___d a 0 [ IL / § A f § CD C { \ § E ® ) § U. z � 2 � � B k (\ i E. ) E� ) ; ) d § $ 4 � co - v2 ) ) � 2f2 � ( k\ ; s r I ƒ k �2 kE $ § 2 /kdo � � \k §k LL 2 2 - s a ,wm - 2 ± . ; and n LO A @� 2 Ck 20 \ ®°u 2 7E1 " i ��1 V lw maw r+y__ =- iM �"'"OC�dit1KO.'. '( is y , " ! tet r �. y"• Sp �1 rte' C .�: 'R- , ra ra r -310 tot•j<' "'" � ��' � x "LLB { ti{+i . tom � +'f 6 ,yam' *y�'i ��• .. � .. .."4 "may xg �� ►:•^.: .- .N�+¢A�F+NI�. aii.E�MEEI Y�Y.iprt!+vca aE'SJ J-.. Rtltl�lrlx^.ry Y J7L1 u:Jw[IC: ....iY.��.,••�.�:['. AGENDA REPORT NO. 10 FOR: City Council February 3, 2009 TO: Gary Crutchfie anger FROM: Robert J. , ublic Works Director Workshop Mtg.: 02/09/09 Regular Mtg.: 03/02/09 SUBJECT: Professional Services Agreement with JUB Engineers, Inc. I. REFERENCE(S): 1. Professional Services Agreement 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 02/09: Discussion: 03/02: MOTION: I move to approve the Professional Services Agreement with JUB Engineers, Inc., authorizing engineering services on a lump sum basis of $103,000 for the Pasco-Kennewick Cable Bridge Waterline Crossing and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Water Fund $103,000 ($51,500 City Share) IV. HISTORY AND FACTS BRIEF: A) The City Six-Year Capital Improvement Program (CIP) has shown a water pipeline emergency intertie with the City of Kennewick crossing the Cable Bridge. The current CIP Program and budget show the project for 2009. V. DISCUSSION: A) The proposed Professional Services Agreement with JUB Engineering is for the design of a water pipeline attached to the Cable Bridge for a fee of$103,000. The City of Kennewick will pay half the cost equaling $51,500. The design would size a 12 inch pipeline or larger. The size would depend on what constraints are identified and what will be allowed by the Washington State Department of Transportation (WSDOT). The final design will determine what actual flows would be achieved with the pipeline and the costs. Staff recommends approval of the design agreement which has a completion time that coincides with the preparation of the next Six-Year CIP. The benefits and costs derived from the design will help both Cities determine if construction of the project should proceed and if so, how should the project be funded. The City of Pasco would be the lead agency for the design. 4(d) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and NB Engineers,Inc. hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering services with respect to the Pasco-Kennewick Cable Bridge Waterline Crossing. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Exhibit A. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a lump sum basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $103,000. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and within 180 days. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or causee by the performance or failure of performance of any work or services other than professional services under this Agreement, or from conditions created by the Consultant performance or non-performance of said work or service, regardless of whether or not caused in part by the party indemnified hereunder. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten(10)days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission,percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs. 16. Notices. Notices to the City of Pasco shall be sent to the following address: City of Pasco P. O. Box 293 Pasco, WA 99301 Notices to the Consultant shall be sent to the following address: JUB Engineers, Inc. 2810 West Clearwater Ave, Suite 201 Kennewick,WA 99336 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S.mails, with proper postage and properly addressed. DATED THIS DAY OF , 20 CITY OF PASCO CONSULTANT: By: By: Joyce Olson, Mayor Signature,Printed Name and Title ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney EXHIBIT A U.B ,J J.0-13 ENGINEERS, Inc. ENGINEERS..SURVEYORS .PLANNERS 2810 West Clearwater Ave., Suite 201 Kennewick, WA 99336 (509) 783-2144 Fax 736-0790 January 8, 2009 www.jub.com Robert Alberts, P.E. RECEIVED City of Pasco 525 N. 3rd Avenue �A� 8 2008 P.O. Box 193 PUBLIC WORKS ADMIN.` Pasco, WA 99302 RE: PASCO-KENNEWICK CABLE BRIDGE 12-INCH WATERLINE CROSSING Dear Bob: Thank you for considering J-U-B ENGINEERS, Inc. to provide your civil engineering services. We are excited about the opportunity to assist with your project and believe you will benefit greatly from our water supply and transportation expertise and good working relationship with City of Pasco, City of Kennewick and Washington State Department of Transportation (WSDOT) staff. This proposal is updated to include incorporate your comments from our meeting December,30, 2008 and those received from Peter Beaudry of City of Kennewick. It is our understanding you intend to construct approximately 2500 linear feet of 12-inch waterline to allow an intertie between City of Pasco and City of Kennewick water supply systems. Due to the scheduled WSDOT Blue Bridge approach project, construction of this project will likely be delayed until traffic is fully operational as to avoid unnecessary inconvenience to the public. We have developed a proposed scope to design this project in 2009 and have it bid ready by the end of that year. Phase 1 of the project will consist of a Preliminary Design and Final Design phases. The preliminary design.witl represent 30% complete plans and cost estimates. A technical memorandum will include a description of pipe material and support alternatives, details depicting:each, and an Engineer's Opinion of Probable Cost for each option. Following selection of a preferred design, J-U-B wilt submit a Preliminary Design to the WSDOT Bridge and Structures Office for pre-approval of al[ plans and details. Comments from the City and WSDOT will be incorporated into the final design. Phase 2 of the project will include the final design of the selected alternative and preparation of plans and specifications for the waterline. The services provided by J-U-B will include the following: • PRELIMINARY DESIGN - LUMP SUM FEE: $39,000 J-U-B will prepare initial situation and layout drawings from.the as-built records of the Cable Bridge. This.will allow for investigation of pipe support types and layout considering the physical constraints of the structure. Based on previous study by HDR 9/Alberts 1-8-09.doc rJ U.�., 1/8/2009 9 MrAJbert Rage 2 Engineering, two potential pipe materials will be considered; ductile iron and welded steel pipe.')-U-B will investigate construction methods and estimate costs. The limits of design assumes connection to the existing 16 inch diameter ductile iron pipes located at the approach slabs at each end of the bridge. J-U-B will coordinate with the WSDOT to identify the approval procedure and permits required by the City. J-U-B will investigate environmental requirements and identify permits that may be necessary. The City of Pasco will prepare and apply for all permits. 30% plans submittal along with the Technical Memorandum will be submitted within 6 months of notice to proceed. • FINAL DESIGN - Lump Sum Fee:.$64,000 J-U-8 will meet with the Cities of Pasco and Kennewick to answer any questions and review comments from the Preliminary Engineering submittal. J-U-B will prepare detailed construction plans in accordance with the APWA/WSDOT Standard Specifications that represents the design elements approved by the City., The plans will be prepared for insertion into a Bid Package prepared and advertised.by the City of Pasco. The design will include technical specifications for insertion into the City prepared bid'documents. J-U-8 will develop traffic control plans and.submit to Cities of Pasco and Kennewick and WSDOT J-U-B will submit 70% plans to WSDOT and the City for review. Upon receiving comments, J-U-B will incorporate comments. We anticipate a second review set of plans representing 95%including specifications and estimate will be prepared and submitted for final approval. Once the City is ready for construction, final plans and estimate will be updated just prior to advertisement. We 'anticipate advertisement early 2010: • CONSTRUCTION SERVICES-ADDITIONAL TASKS At the City's request, J-U-B can provide miscellaneous construction services as a supplement to this agreement. Construction services may include answering bidder questions, preparing cost estimates required for permitting by the City, preparing addendums, attending the pre-construction conference, providing onsite construction observation during installation of the waterline, answering contractor questions, reviewing.submittals. Record drawings would be provided in a supplemental.task. J-U-B would provide final mylar record drawings and AutoCAD files incorporating redline construction prints and/or post construction surveys as provided by others. The fees and scope of work are based on the following assumptions: •-. "All topographic, record and/or boundary survey will be provided by City. - - - All fees including recording, plan review, and permits will be paid by the.City. ■ Landscaping and Irrigation Plans will not be required. 30-06-032/Alberts 1-8-09.doc f_J•U'B J MrAlberts 7/8/2009 ?age 3 • Material testing is not included. • Geotechnical Investigation is not included. • Construction staking is not included • Easements, legal descriptions and right-of-way are not anticipated and if required will be provided by the City. • No hydraulic modeling will be performed. The City has indicated that the waterline needs to be 12-inch diameter. • Post construction Record Drawing survey is not included. Thank you for the opportunity,to present our proposal for civil design on your important project. The total for the Preliminary and Final design tasks as described is $103,000 Lump Sum. Please call if we have misunderstood any of your needs so we can discuss revising the proposed scope of work and fees accordingly. We look forward to working with you and the City of Pasco on this project. Sincerely, J-U-B ENG EERS, INC. Richard H. Door, P.E. Transportation Manager 30-06-032/Alberts 1-8-09.doc xh aC.t .fit 1 Z•p � �f ' f � 1 I �a 1 " •y .• w'I. t j < pr ib r Ak k fn �f•� I f1Ar�' ✓ � f ` y. s AGENDA REPORT FOR: City Council January 28, 2009 TO: Gary Crutchfi ' Manager A r Workshop Mtg.: 2/9/09 Rick White, `�[.,V�{ Regular Mtg.: 3/2/09 Community& conomic Development Director FROM: David I. McDonald, City Planner SUBJECT: Sign Code Amendment(Community Event Regional Signs MF#CA08-005) I. REFERENCE(S): A. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 2/4: DISCUSSION: 3/2 MOTION: I move to adopt Ordinance No. an Ordinance amending PMC Chapter 17.13 dealing with off premise signs and, further, authorizes publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Over the past year, staff has received a number of inquiries about the need for specific signage to promote events at major community facilities used for regional events. People attending regional events often come from outside the community. Unfamiliarity with the community can lead to difficulties in finding regional event facilities. In response to this issue staff with the assistance of the Planning Commission, prepared a draft code amendment that provides language for the location of regional community event signage. B. The Planning Commission held a workshop in November and a public hearing in December of 2008 to consider the proposed code amendment for off-premise signs. The attached December staff memo essentially reflects the information that was provided to the Planning Commission at the November Commission workshop. Therefore, the November memo to the Planning Commission has not been included with this report. V. DISCUSSION: Staff has modified the proposed code amendment to address the concerns raised at the January 26, 2009 workshop. Language has been added to Section 17.13.080 limiting the number of sign faces to two. The special permit review provisions have been removed to eliminate any confusion about the possibility of opening the door for community event regional signs at any location in the city. The proposal as now written provides certainty for the location and design of community event regional signs. If the Council concurs with the recommended code amendment, the proposed ordinance will be placed on the March 2, 2009 agenda for Council action. 4(e) ORDINANCE NO. AN ORDINANCE AMENDING PMC Chapter 17.13 DEALING WITH OFF-PREMISE SIGNS. WHEREAS, cities have the responsibility to regulate and control physical development within their borders and promote the public health, safety and welfare of the community; and, WHEREAS, the Pasco Municipal Code defines a variety of signs including freeway signs that provide regional identification for a group of businesses within a defined business association where said businesses occupy a minimum of 15 acres of land; and, WHEREAS, the Pasco Municipal Code permits business complex signs that identify a business complex with multiple businesses that may or may not be located where the business complex sign is located; and, WHEREAS, the Pasco Municipal Code permits special event signs for community events to be displayed on or off the premises where the event is taking place; and, WHEREAS, Community Event Facilities used for sports events, entertainment, conventions, trade shows and events of region wide interest are functionally similar to regional business complexes and or community event activities that are permitted to have off-premise signage and or large business complex signs; and, WHEREAS, the City Council has determined that to further the purposes of the sign code and the proper identification of community wide events and activities at regional community event centers it is necessary to amend PMC Chapter 17.13; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. That Chapter 17.03 of the Pasco Municipal Code shall be and hereby is amended to include a new subsection 17.03.01 (A) (49.01) to reads as follows: 49.01) SIGN— COMMUNITY EVENT REGIONAL means a sign that identifies events occurring at a regional sports/entertainment/convention/trade facility containing 60 or more acres located within 1,000 feet of a freeway interchange and adjacent a highway of statewide significance. Section 2. That Chapter 17.13 of the Pasco Municipal Code shall be and hereby is amended to include a new subsection to reads as follows: 17.13.080 Community Event Regional Signs. A. Community event regional signs are permitted on public or private property within 1,200 feet of the facility property. Community event regional signs shall not be more than 200 square feet per face; shall contain only two faces; shall not be greater than 50 feet in height and shall be a single pole mount system. Said pole shall be painted gray, tan, light brown or other neutral color as approved by the Community and Economic Development Director. B. Community event regional signs shall only be used for advertising events and activities at the facility and/or non-commercial events of community wide interest. Section 3. This ordinance shall become effective five (5) days after publication as required by law. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this day of , 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT TO: City Council February 5, 2009 FROM: Gary Crutchfie Manager Workshop Mtg.: 2/9/09 SUBJECT: Downtown Re italization Involvement Options I. REFERENCE(S): 1. Memo to City Manager from Community& Economic Development Director dated 2/4/09 11. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 2/9: Discussion 111. FISCAL IMPACT: See Reference 1 IV. HISTORY AND FACTS BRIEF: A) Downtown Pasco, particularly the commercial area, has declined in economic vitality over the past four decades, principally as a result of regional scale commercial facilities (Columbia Center Mall in particular). The retail "store fronts" along Lewis and Clark streets have frequently been vacant over the years and some are still being used for storage. Over the past decade or so, however, many of the store fronts have become occupied by small retail businesses catering to the Hispanic culture occupying the majority of residential buildings in the central and eastern portions of the city. While this is a positive trend for the store fronts, many of the other commercial buildings remain either vacant or underutilized. B) The Pasco Downtown Development Association (PDDA), a private non-profit organization devoted to revitalization of the downtown area, was created in 1984. Over the ensuing 15 years, it helped organize and implement efforts designed to reinvigorate the downtown commercial area (Farmers Market; Fiery Foods Festival; Main Street Program; common marketing; organizational activities; etc.). Over the past decade or so, however, the involvement of businesses/property owners in the Association has fallen dramatically, creating a void of active/effective leadership in terms of downtown revitalization efforts. The PDDA lost its "Main Street" program authorization from the state of Washington several years ago and still cannot qualify the Pasco downtown to benefit from the B&O tax deferral program offered by the state (and used by other downtowns to aid their efforts). The downtown property owners/businesses are no longer organized effectively via the PDDA, so there is no single voice for the downtown interests. In essence, the organized effort of downtown revitalization has waned to the point that it is virtually non-existent (other than operation of the Farmers Market and Specialty Kitchen,both of which are properties owned by the city). C) Over the past decade, the City Council has expressed growing concern over the declining level of effort and progress in the revitalization effort. To date, there has not been a clear consensus on the part of the City Council as to the best course of action by the city, if any. The 2008 City Council goals, however, included the objective: "Formally adopt a definitive action plan for city involvement in the revitalization of downtown Pasco." To that end, the Community & Economic Development Director has provided an outline of strategy options, each progressively more involved than the preceding option. 4(f) V. DISCUSSION: A) In effect, the city has used option no. 1 (laissez faire) over the past several years; the effect is the current physical/economic circumstances in downtown and absence of any meaningful partnership with PDDA or any other organization devoted to downtown revitalization. Given the City Council's 2008 objective for a definitive action plan, one of the other three options must be selected. B) Any of the three "involvement" options, as noted in the Community & Economic Development Director's memo, will require substantial (but not overwhelming) commitment of staff and associated resources. They will require an extraordinary effort to involve the property ownersibusinesses in helping define the best course of action by the body preferred to carry out the action plan. All of that effort will require a committed endeavor over a year or two. C) To assure the Council understands the differences between the options and to reach a strong consensus at the Council level, staff suggests a consultant (experienced in such issues) be employed over the course of the next several months to walk Council through the details. It is intended that Council would conclude its consideration and select the preferred option by September, permitting the 2010 budget to reflect the preferred action plan. MEMORANDUM DATE: February 4, 2009, 2009 TO: Gary Crutchfield, City Manager FROM: Rick White, Director Community & Economic Development SUBJECT: Downtown Strategies 2009 BACKGROUND One of Council's goals for 2008/09 involves a determination of the City's role in the Downtown area. The following four options are offered for strategies and accommodating Council's goal of adopting a definitive action plan for City involvement in revitalization of the Downtown area. In each option, there are parallel opportunities for City involvement. For example, each of the options could involve aggressive code enforcement of dilapidated or closed up structures - including developing legislation that would provide incentives for owners of chronically vacant or boarded up properties. Each of the following options could also involve redirecting CDBG and City capital monies towards physical improvements (sidewalk repair, tree replacement or providing street furniture). It should be noted that only the first option reflects the current relationship between the City and the Pasco Downtown Development Association (PDDA). This past year, the PDDA has approximately 28 members, which contrasts with 25 in 2007 and 67 in 2006, although there may be yearly differences in the manner that membership was accounted for. The PDDA also operates the Farmer' Market and Specialty Kitchen through agreements with the City. The PDDA is the recipient of those proceeds and CDBG monies that are then used to manage, advertise and address expenses incurred in the operation of the Market and the Kitchen. It is estimated that about $22,000 of net revenue for the PDDA is received from these two operations; this revenue provides operating funds for the PDDA. These options are arranged from the very simple to the very involved and are put forth in order to provide a starting point for Council discussion. OPTIONS 1. Laissez faire This is a "hands off' strategy and places maximum trust in the market place to determine the level of economic vitality (full or empty storefronts) for the Downtown and land surrounding it. It does not require additional staff or financial resources and can be implemented immediately. The focus of this alternative could also involve the repair and refurbishment of existing public improvements. Monies would be concentrated on the streetscape and improvements could take place through the Capital Improvement program cycle over a period of several years. Priorities of the improvements would be determined by the City. This would be accomplished with existing staff. 2. Active participation in revitalization This involves hiring a professional consultant and entering into a full blown planning effort that includes organizational and physical structures. This would be accomplished through an inventory of existing conditions; pursuing a process of community visioning; developing objectives and policies; choosing a course of action for the outcome of the planning effort; and developing an implementation strategy and schedule. This strategy uses a tried method of process and deliberation in order to come up with a path forward. It begins with a physical and organizational inventory - including discussion about the effectiveness of the existing relationship between the City and the PDDA. This process would engage stakeholders in a visioning process and develop a plan for revitalization. A good planning effort in a complicated situation as this may take 18 to 24 months and require professional assistance. It will also require devotion of staff resources usually at a 1 to 1 ratio of time in relation to the time put into the process by the consultant. It is estimated that this may require 1/2 full time equivalent for 18 to 24 months. There would also be costs for hiring a professional consultant in this process and these could range from $35,000 to $75,000. 3. Lead the charge This option involves forming a Public Development Authority (PDA) as allowed by RCW 35.21.730. It involves transferring control of the Farmers Market property to the PDA, analyzing the role of CDBG monies in relation to their use in the downtown area and explores condemnation of "spot blighted" properties and possible transfer to the PDA. Extensive use of CDBG monies and use of administrative and legal staff would be required to explore the formation and implications of a PDA. This would likely evolve into the need for a permanent staff position with funding from the City. Implementation may take from 12 to 18 months. 4. Community Renewal This option involves City appointment of a community renewal board with broad powers to eliminate physical and economic blight; demolish structures; construct streets and utilities; compel repair and rehabilitation of existing or vacant properties; and establish local improvement districts and their accompanying special assessment levies. The authority for this is found in RCW 35.81. This is the most vigorous option that involves designating a community renewal area and appointing a commission to administer very broad powers in the Downtown area. The focus of the community renewal board would be to develop a comprehensive revitalization plan and to enter into appropriate financing mechanisms to secure the success of such a plan. Implementation of this method would require upfront analysis by administrative staff that is estimated at 24 months and a commitment of significant assistance from legal resources. RECOMMENDATION Unless Council feels comfortable with one of the options posed, staff recommends that Council use professional facilitation in this process of determining the role of the City in the revitalization of Downtown. With the exception of option #1 (Laissez faire), each option involves a significant amount of staff and financial resource, and the chosen option will involve a serious commitment of Council in order to succeed. Professional assistance will enable Council to fully explore the implications of commitment to an option for City involvement in Downtown revitalization. RW/sa AGENDA REPORT FOR: City Council January 30, 2009 TO: Gary Crutchfi i Manager W/Shop Mtg.: 02/09/098 Stan Strebel,A nistrative & Co ity ervices Director Regular Mtg.: 03/02/09 FROM: Debbie Clark, City Clerk SUBJECT: A resolution authorizing the disposal of surplus property. I. REFERENCE(S): 1. Memorandum from David Renzelman, Crime Specialist/Evidence Technician 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/09: Discussion 3/02: Motion: I move to approve Resolution No. authorizing the sale of seized/asset forfeiture property considered surplus to City needs. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The Police Department has acquired seven (7) weapons through seized/asset forfeiture. The weapons have been processed through the Police Department and are now available for disposal through a Licensed Federal Firearms Dealer. In addition to the weapons, the Police Department has acquired one (1) hand held Skil Saw (no serial #) with an estimated value of less than $20. The weapons and hand held saw are considered surplus to City needs. B) No minimum price is suggested for each weapon or the hand held saw. Staff requests Council to declare the weapons and saw surplus to City needs, and authorize staff to sell all items at auction. The weapons will only be sold by a Federal Licensed Firearms Dealer to other Licensed Firearms Dealers for a price that is in the best interest of the City. C) Staff proposes to have the auction consigned to H.A. Rowell Auctioneers, Licensed Firearms Dealer for a 25% commission on the gross proceeds from the sale with no charge for transporting the items to auction or advertisement thereof. Staff has been made aware that H.A Rowell Auctioneers currently has a weapons auction scheduled for March 2009, staff would recommend the inclusion of the above referenced weapons for auction. D) In comparison with other auctioneers, this proposal is most advantageous to the City. 4(g) Pasco Police 1 Seizure / Asset Forfeitures Evidence Inventory Disposition Request 30 January 2009 Below is a weapon listing that has been approved by the ISD, SSD Captains and the Chief of Police for disposal as excess property. The value of each weapon described below is less than $200. 1 request these weapons be classified as surplus equipment and disposed of through Auction by a Licensed Federal Firearms Dealers. Said weapons will only be sold by a Federal Licensed Firearms Dealer to other Licensed Firearms Dealers. In addition to the foregoing, Pasco Police has surplused a hand held Skil Saw (no serial #) estimated to be of a value less than $20 and request that it be approved for auction with the foregoing. CF # BC # Make Model Caliber Serial # 0743877 411916 Wesson Arms Revolver .44 44SO03081 0743262 411561 AutoMag Arcadia Ma Semi-Automatic Pistol .22 M21789 411571 Savage Semi-Automatic Rifle .17 0700181 411573 Mossberg & Sons Shotgun 12 Gauge P655196 0746765 451692 Remington Semi Automatic Rifle 30-06 A7355349 (Woodmaster) 0851106 45477 Sturm Ruger Semi Automatic Pistol 9mm 301-05458 0743111 41128 Smith &Wesson Revolver .44 CDJ3482 David Renzelman, Crime Specialist Certified Evidence Technician RESOLUTION NO. A RESOLUTION authorizing the sale of forfeiture/unclaimed asset property surplus to City needs. WHEREAS, there are certain items of forfeiture/unclaimed asset property acquired by the Pasco Police Department and property is surplus to City needs; and; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The items of forfeiture/unclaimed asset property include one (1) hand held Skil Saw (no serial #) and weapons as listed below, are declared surplus property and city staff is authorized to sell such property at public auction. Weapons will be sold through a Licensed Federal Firearms Dealer to other Licensed Firearms Dealers: CF# BC # Make Model Caliber Serial # 0743877 411916 Wesson Arms Revolver .44 445003081 0743262 411561 AutoMag Arcadia Ma Semi-Automatic .22 M21789 411571 Savage Pistol .17 0700181 411573 O F Mossberg& Sons Semi-Automatic Rifle 12 Gauge P655196 Shotgun 0746765 451692 Remington Semi Automatic Rifle 30-06 A7355349 (Woodmaster) 0851106 45477 Sturm Ruger Semi Automatic 9mm 301-05458 Pistol 0743111 41128 Smith& Wesson Revolver .44 CDJ3482 SECTION 2: The city staff is hereby authorized to dispose of said surplus property at auction for a price that is in the best interest of the City. PASSED by the City Council of the City of Pasco this day of March, 2009 Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Lee Kerr, City Attorney