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HomeMy WebLinkAbout2010.08.16 Council Meeting Packet AGENDA PASCO CITY COUNCIL. Regular Meeting 7:00 p.m. August 16,2010 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 August 2, 2010. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$1,231,363.47 ($68,076.42 in the form of Wire Transfer No. 5529; and $1,163,287.05 consisting of Claim Warrants numbered 178195 through 178418). 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$249,350.17 and, of that amount, authorize $197,195.56 be turned over for collection. (c) Appointments to Regional Hotel/Motel Commission: 1. Agenda Report from Gary Crutchfield,City Manager dated August 6, 2010, 2. Letter from Tri-Cities Hotel and Lodging Association dated 7/21/10. 3. Section 5,Interlocal Agreement for Tri-City Regional Tourism Promotion Area. To appoint Vijay Patel (Holiday Inn Express) to a two-year term on the Tri-Cities Regional Hotel/Motel Commission;term to expire 8/31/12. *(d) Resolution No. 3264, a Resolution accepting work performed by Valmont Northwest under contract for the Process Water Reuse Facility Irrigation Pivot,Project No. 10-7-02. 1. Agenda Report from Reuel Klempel, Plant Division Manager dated August 10,2010. 2. Resolution. To approve Resolution No. 3264, accepting the work performed by Valmont Northwest, under contract for the Process Water Reuse Facility Irrigation Pivot, Project.No. 10-7-02. *(e) Resolution No. 3265, a Resolution accepting work performed by Granite Northwest, Inc., under contract for the Commercial Avenue North Street Reconstruction,Project No. 10-2-01. 1. Agenda Report from Michael McShane, City Engineer dated August 9, 2010. 2. Resolution. To approve Resolution No. 3265, accepting the work performed by Granite Northwest, Inc., under contract for the Commercial Avenue North Street Reconstruction,Project No. 10-2-0 1. (RC) MOTION: !move to approve the Consent Agenda ac read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) Regular Meeting 2 August 16,2010 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Counciilmemhers (b) Financial Services Manager: General Fund Operating Statement through July 2010. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Resolution No. , a Resolution authorizing an interloeal Agreement among the cities of Kennewick, Richland and Pasco, Washington for the creation of the Tri-Cities Regional Public Facilities District. 1. Agenda Report from Stan Strebel, Deputy City Manager dated August 10, 2010. 2. Interlocal Cooperation Agreement. 3. Proposed Resolution. MOTION: [move to appro�re Resolution Nat_ __, autlioriziiig an Inrerlocal AgrcUmc-flt aonong the cities of'l oTmewick, Richland and Pasco for the creation of the Tri-Cities Regional Puhlie Fac[lit i District and,further,authorize the Mayor 10 sign [lie agreement.. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Lewis Street Overpass Design Concepts: 1. Agenda Report from Stan Strebel, Deputy City Manager dated July 30, 2010. 2. Lewis Street Overpass Concepts 1-4. 3. Slopes vs. Walls. MOTION: I move to adopt (uption _) as the preferred desijpi concept for the l.ewis Stm t Overpass. (b) Golf Course Lease Amendment No.4: 1_ Agenda Report from Gary Crutchfield,City Manager dated August 6, 2010. 2. Proposed Lease Amendment. MlYPION: I move it) appmve Amendment No. 4 to the Golf Ccursc; Lvaw Agreement rind, further,authorize the Mayor'to sign the Amendment. 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, August 16, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 2. 5:30 p,m., Wednesday, August 18 — BFWW Good Roads & Transportation Association Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; REBECCA FRANCIK, Alt.) 3. 12:00 p.m., Thursday, August 19, 515 W. Clark Street—Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; AL YENNEY, Alt.) 4. 11:30 a.m., Friday, August 20, Sandberg Event Center— Benton-Franklin Council of('governments Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK,Alt.) 5. 10;00 a.m., Saturday, August 21, Downtown Kennewick—Benton Franklin Fair and Rodeo Grand Parade. (MAYOR MATT WATKINS) MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 2, 2010 CALL TO ORDER The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL, CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Stan Strebel, Deputy City Manager; Patrick Galloway, Acting City Attorney; Richard Terway, Administrative & Community Services Director; Rick White. Community & Economic Development Director; Mike Aldridge, Police Captain; Bob Gear, Fire Chief and Lynne Jackson, Human Resources Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes. Minutes of the Pasco City Council Meeting dated July 19, 2010. Minutes of the Special Pasco City Council Meeting dated July 26, 2010. (b) Bills and Communications: To approve General Claims in the amount of$1,032,985.08 ($335,797.51 in the form of Wire Transfer Nos. 5516, 5521 and 5525; $38,812.08 in the form of Electronic Fund Transfer No. 1020 and 1021; and $658,375.49 consisting of Claim Warrants numbered 178007 through 178194). To approve Payroll Claims in the amount of$2,787,752.19, Voucher Nos. 41215 through 41515; and EFT Deposit Nos. 30038472 through 30039320. (c) Tourism Promotion Agreement; To approve the five-year agreement with the Tri-Cities Visitor & Convention Bureau for promotion of tourism and, further, authorize the Avlayor to sign the agreement. (d) Self Contained Breathing Apparatus Purchase: To approve the purchase of MSA Self Contained Breathing Apparatus (SCBA) from SeaWestern Fire Fighting Equipment in the sum of$159,480 plus applicable tax and, further, authorize the City Manager to sign such purchase order. (e) Professional Services Agreement for Park and Recreation Plan Update: To approve the Professional Services Agreement with Studio Cascade for the Comprehensive Park and Recreation Plan update and, further, authorize the City Manager to execute the agreement. (t) Bargaining Contract for Uniformed Police Department Represented Employees: To approve the Collective Bargaining Agreement with the Pasco Police Officers Association, uniformed employees, for years 2008-2010 and, further, authorize the Mayor to sign the agreement. (g) Final Plat (MF #FP 10-005) First Place, Phase 2 (Craig Angelo): To approve the final plat for First Place, Phase 2. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 2, 2010 (h) Resolution No. 3260, a Resolution of the City of Pasco, Washington, providing guidelines for the sale Df surplus firearms pursuant to Chapter 2.46 of the Pasco Municipal Code. '.fo approve Resolution No. 3260, providing guidelines for the sale of surplus firearms. (i) Resolution No. 3261, a Resolution accepting work performed by Dardan Enterprises, Inc., under contract for Martin Luther King Remodel Project. To approve Resolution No. 3261, accepting the work performed by Dardan Enterprises, Inc., under contract for the Martin Luther King Center Remodel Project. MOTION- Mr. Martinez moved to approve the Consent Agenda as read. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Watkins presented Certificates of Appreciation for July 2010 "Yard of the Month" to: Rosalio and Annette Prieto, 615 Fiesta Court Larry Gordon, 1608 W, Yakima Street Chris and Korey Barber, 4804 Malaga Drive Michael and Michelle Dickinson, 10308 W. Argent Road Mayor Watkins presented a Certificate of Appreciation for July 2010 "Business of the Month Appearance Award" to: Les Schwab Tire Center, 5410 Road 68 VISITORS - OTHER THAN AGENDA ITEMS: Ana Ruiz-Peralta, 4304 Laredo Dr, asked Council to consider implementing a curb side recycling program, REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison reported on the Hanford Communities Governing Board meeting. Mr. Yenney attended the Hanford Area Economic Investment Fund meeting and the Benton Franklin Community Action Committee meeting. Mayor Watkins attended the ribbon cutting ceremony for Karne Max located at 5024 Rd 68, Mr. Hoffmann, Mr, Martinez and Ms. Francik reported on the Westside Water Plant Dedication Ceremony. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation (MF #VAC 10-005) A Portion of Idaho Avenue (City of Pasco). Mr. White explained the details of the proposed vacation. MAYOR W ATKINS DECLARED,n-IF PuBix HEARING OPEN TO CONSIDER THE VACATION. IiOLLOVdING TVIREF CA 1.1,S FOR COMMENTS, EITHER FOR OR AGANST,AND THERE BEING NONE, MAYOR Ai.4,TKNS DECLARED THE PUBLIC HEARING CLOSED, 2 M1NurEs REGULAR MEETING PASCO CITY COUNCIL AUGUST 2, 2010 Ordinance No. 3967, an Ordinance vacating a portion of Idaho Avenue. MOTION; Ms, Francik moved to adopt Ordinance No. 3967, an Ordinance vacating a portion of Idaho Avenue and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3968, an Ordinance of the City of Pasco, Washington, authorizing the Initiation of a Petition for Condemnation of Real Property necessary for the construction of the Lervis Street Overpass. Council and staff discussed the details of the project. Mr. Dan Walsh, owner of 217-219 W. Lewis St, spoke in favor of moving forward with this project. MOTION: Ms. Francik moved to adopt Ordinance No. 3968, authorizing the acquisition of real property necessary for the construction of the Lewis Street Overpass and, further, authorize publication by summary only. Mr. Garrison seconded. Mo#ion carried 5-2. No — Hoffmann, Larsen. Resolution No. 3262, a Resolution approving the Program Year 2011 Community Development Block Grant Allocations and Annual Work Plan. MOTION: Ms. Francik moved to approve Resolution No. 3262, approving the City's 2011 CDBG Allocations and Annual Work Plan. Mr. Martinez seconded. Motion carried unanimously. Mr. Yenney abstained. Resolution No. 3263, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the expansion of a children's daycare center at 3605 West Ruby Street. MOTION: Ms. Francik moved to approve Resolution No.3263, approving a Special Permit for the expansion of a children's daycare center at 3605 West Ruby Street, Mr. Garrison seconded. Motion carried 6-1 . No— Larsen. MISCELLANEOUS DISCUSSION: Mayor Watkins noted a letter has been sent to the Franklin County Commissioners concerning Municipal Court Space lease extension. ADJOURNMENT. There being no further business, the meeting was adjourned at 7:45 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 16th day of August, 2010. 3 CITY OF PASCO Council Meeting of: August 16, 2010 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the u rsigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendere or ph a lab rformed as described herein and that the claim is a just,due and unpaid obligation against the city and tha we are thoriz d to authenticate and certify to said claim. Gary rutchfield, i Mafhager D nyele Maso , Financial Services 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, 5529 in the amount of$68,076.42, has been authorized; that Check No's 178195 through 178418 are approved for payment in the amount of$1,163,287.05, fora combined total of$1,231,363.47 on this 16th day of August,2010. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 638.00 Judicial 16,166.10 Executive 9,228.05 Police 33,266.71 Fire 25,875.32 Administration&Community Services 103,116.04 Community Development 3,092.09 Engineering _ 3,480.27 Non-Departmental 40,785.99 Library 3,572.57 TOTAL GENERAL FUND: 239,221.14 STREET 162,217.32 C. D. BLOCK GRANT 5,614.13 KING COMMUNITY CENTER 3,120.49 AMBULANCE SERVICE 11,393.06 CEMETERY 1,649.68 ATHLETIC PROGRAMS 2.849.93 SENIOR CENTER 4,006.20 MULTI MODAL FACILITY 5,487.06 RIVERSHORE TRAIL&MARINA MAIN 403.36 LITTER CONTROL REVOLVING ABATEMENT 1,201.83 PARKSFUND TRAC DEVEL& OPERATING STADIUMICONVENTION CENTER 319.56 SPECIAL ASSESSMNT LODGING 19,017.01 GENERAL CONSTRUCTION _ 4,5_33.81 WATER/SEWER 343,174.16 EQUIPMENT RENTAL- OPERATING 33,166.66 EQUIPMENT RENTAL- REPLACEMENT 1,996.21 MEDICAUDENTAL INSURANCE 68,076.42 CENTRALSTORES PUBLIC FACILITIES DIST 26,513.06 PAYROLL CLEARING 47,092.52 LID CONSTRUCTION 249,203.69 TRI CITY ANIMAL CONTROL 1,106.17 GRAND TOTAL ALL FUNDS: $ 1,231,363.47 3(b)al AGENDA REPORT FOR: City Council DATE: August 10,2010 TO: Gary Crutchfiel pager REGULAR: August 16,2010 Rick Terway,Ad unistrative&Community Strvices Director FROM: Stephanie Brock, nterim Finance Manager *46&� SUBJECT: BAD DEBT WJZITE-OFF'S/C(-)LI.ECTIOIK. 1. LELO.,{S): Write-off and collection lists are on file in the Finance Department. II. AC'I'li? ,RF.,.Q LTESTED OF C { U"L/STAFF BLC�&WENDATIONS: 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 $249,350.17 and, of that amount, authorize$197,195.56 be turned over for collection. III, HISTORY AND FACTS BIULF; 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. AMBULANCT - 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 ENFORCE.KENT — ].LENS — 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 rettuned with no forwarding address. Those submitted for collect.ion exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ .00 1,900.46 1,900.46 Ambulance $ 51,669.61 11,506.11 63,175,72 Court A/R $ .00 178,787.00 178,787.00 Code Enforcement $ 485.00 3,979.00 4,464.00 Cemetery $ .00 .00 .00 General $ .00 922.99 922.99 Miscellaneous $ .00 100.00 100.00 TOTAL: $ 52,154.61 197,19.5.56 249,350.17 1V, ADMINISTRATIVE ROUT 9: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT TO: City Counci August 6, 2010 FROM: Crary Crutch l 1 y Manager Workshop Mtg.: 8/9/10 Regular Mtg.: 8/16110 SUBJECT: Appointments o Regional Hotel/Motel Commission I. REFERENCE(S): 1, Letter from Tri-Cities Hotel and bodging Association dated 7/21110 2. Section 5, Interlocal Agreement for Tri-City Regional Tourism Promotion Area II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 8/9: Discussion 8/16: MOTION: I move to appoint Vijay Patel (Holiday Inn Express) to a two-year term on the Tri-Cities Regional Hotel/Motel Commission; term to expire 8/31/12. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Pasco; along with the cities of Kermewick and Richland, entered into an interlocal agreement in June 2004 to create a regional "Tourism Promotion Area" (TPA). The 'rPA is an organization formed as authorized by state law to levy special assessments for the use of lodging facilities within the respective area. In the case of the Tri- Cities, all hotels/motels within the boundaries of the three cities are required to collect from users of their facilities the fee of$1.50 for each room night used. That fee is remitted by each of the hotels/motels to the state; the state, in turn, distributes the funding back to the respective cities within which it was collected (much like the long-standing 2% hoteUmotel tax) and the cities distribute it to the TPA for expenditure in accordance with the business plan and budget established by the Regional Hotel/Motel Commission. B) The Regional I-lotel/Motel Commission is established under Section 5 of the Interlocal Agreement. The Commission consists of six voting members; two appointed by each of the three cities from nominees offered by the Tri-City Hotel Lodging Association. Any vacancy is to be tilled by the respective city from a list of nominees offered by the Association. C) The Tri-Cities Hotel Lodging Association recommends, as evidenced by the July 21 letter, that Vijay Patel (manager of the Holiday Inn Express) be appointed. V. DISCUSSION: A) Mayor Watkins recommends that City Council appoint Mr. Patel as recommended by the Tri-Cities Hotel Lodging Association, without interview. 3(c) Tri-Cities It ©C1 T- r' HAL.i_ y 1 'P: F.N E?7 yeti - W JUL 2 6 2010 ; - CITY oAANA3ER'L oFFIGE P.O. Box 1739 Richland, WA 99352 July 21, 2010 Mr. Gary Crutchfield Third Floor 525 N. Third Ave Pasco, WA 99301 Dear Mr. Crutchfield: This letter is in reference to the Pasco TPA Commissioner position, currently held by Monica Ham erberg from the Red Lion Hotel in Pasco. Ms. Hammerberg term eXpires_J4 31, 2010 and she is not eligible for re-election. fit' The Tri-Cities Hotel & Lodging Association has nominated Vijay Patel from the Holiday Inn Express to serve a two year term. General Manager Amy Riner from the Holiday Inn Express & Suites in Pasco was nominated as the alternate candidate. If you have any questions regarding this issue, please do not hesitate to contact me at 509-942-9400. Si rel �- t y re Preside Tri-Cities Hotel & Lodging Association Cc Kris Watkins—President CEO Tri-Cities Visitors&Convention Bureau 5. Creation of Tri-CAY Regional_H2te1-Mot_g1 Cormission. A. It is understood and agreed that it is hereby created, pursuant to RCW 35.101.130 (1), the Tri-City Regional Hotel and Motel Commission ("Commission") to advise the Cities on the expenditure of Special Lodging Assessment revenues to fund tourism promotion within the Tri-City region. B. The Commission shall consist of six (6) voting Members and three (3) ex officio Members. Two voting members shall be selected by the Kennewick City Council from a list of nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Kennewick. Two (2) voting members shall be selected by the Pasco City Council from a list of nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Pasco. Two voting members shall be selected by the Richland City Council from a list of nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Richland. In no event shall fifty percent (50%) or more of the voting membership of the Commission be selected from the same Lodging Ownership or Management Company within the Tri-City Regional Area. The City Manager or his or her Designee from each of the three Cities shall serve as an ex officio member. All Commission members, voting and ex officio may participate in all discussions regarding proposed activities and programs by the Tri-City Regional Tourism Promotion Area for promotion and marketing of tourism. Ex officio members shall not have voting rights, except in the event of a tie vote among the voting members at which time, each ex officio member may cast a vote to break the tie. Any vacancy on the Tri-City Regional Hotel and Motel Commission shall be filled by the appointing City, from a list of nominees prepared by the Tri-City Hotel and Lodging Association for voting memberships within thirty (30) days from the date the vacancy occurs. C. It is understood and agreed that the initial voting members of the Commission shall serve staggered terms, with one member serving a one-year term and the second member serving a two-year term. The length of the term for each individual voting member of the initial Commission shall be chosen by lot at the first meeting of the Commission. Thereafter, all voting members subsequently appointed to the Commission shall serve a term of two years. No voting member shall serve more than two consecutive terms as a Member of the Commission unless such subsequent term is separated by at least twelve (12) months from the last date of service as a Member of the Commission, A Member may be removed from the Commission by three- fourths (3/4)�affirrnative vote of the Commission for actions deemed to be adverse to the interest of the Commission. Such actions may include unexcused absences from three meetings of the Commission within a twelve (12) month period; failure to perform assigned duties and responsibilities; and conduct detrimental to the best interests of the Commission. Succeeding and replacement voting members shall be selected by each City as provided above for the selection of the initial voting members of the Commission. AGENDA REPORT NO. 2 FOR: City Council August 10, 2010 TO: Clary Crutchfie Manager FROM: Reuelipel, lant Division Manager Regular Mtg.: 08/16/2010 SUBJECT: Accept Process Water Reuse Facility Irrigation Pivot, Project#10-7-02 I. REFERENCE(S): I. Resolution II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 08116. MOTION: I move to approve Resolution No, accepting the work performed by Valmont Northwest, under contract for the Process Water Reuse Facility Irrigation Pivot, Project #10-7-02. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: A) On Fehruary 1, 2010, Council awarded the Process Water Reuse Facility Irrigation Pivot, Project 910-7-02 to Valmont Northwest for $103,118.44 including sales tax, V. DISCUSSION: A) The final cost of the project was $103,118.44 including sales tax. The work is complete and staff recommends acceptance of the work. 3(d) RESOLUTION NO. 3;�)&q A RESOLUTION ACCEPTING WORK PERFORMED BY VALMONT NORTHWEST UNDER CONTRACT FOR THE PROCESS WATER REUSE FACILITY IRRIGATION PIVOT, PROJECT #10-7-02. WHEREAS, the work performed by VALMONT NORTHWEST, under contract for the Process Water Reuse Facility Irrigation Pivot, Project ##10-7-02, 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's 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's recommendation and thereby accepts the work performed by Valmont Northwest, under contract for the Process Water Reuse Facility Irrigation Pivot, Project #10-7-02, 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 August, 2010. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT NO. 24 FOR: City Council August 9, 2010 TO: Gary Crutchfield, City N FROM: Michael McS _ y .ngineer Regular Mtg.: 08/16/10 SUBJECT: Accept Commercial Avenue North Street Reconstruction, Project #10-2-01 I. REFERENCE(S): I . Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 08/16: MOTION: I move to approve Resolution No. 3�;Q$6acccpting the work perfonned by Granite Northwest, Inc., under contract for the Commercial Avenue North Street Reconstruction, Project ?410-2-0 1. III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: A) On September 15, 2009, Council awarded the Commercial Avenue North Street Reconstruction, Project 410-2-01 to Granite Northwest, Inc. for $727,819.20. V. DISCUSSION: A) The final project cost was $744,612.50. The overage is due to additional excavation and shaping of slope to road not addressed in the plans. The work is now complete and staff recommends acceptance of this work. a(e) RESOLUTION NO. A RESOLUTION ACCEPTING WORK PERFORMED BY GRANITE NORTHWEST, INC., UNDER CONTRACT FOR THE COMMERCIAL AVENUE NORTH STREET RECONSTRUCTION, PROJECT 410-2-01. WHEREAS, the work performed by GRANITE NORTHWEST", INC., under contract for the Commercial Avenue North Street Reconstruction, Project 410-2-01, 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 GRANITE NORTHWEST, INC., under contract for the Commercial Avenue North Street Reconstruction, Project #10-2-01, 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 withhold 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 16`h day of August, 2010. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L, Clark Leland B. Kerr City Clerk City Attorney GENERAL FUND OPERATING STATEMENT THROUGH JULY 2010 CASH BASIS YTD % OF YTD TOTAL % OF 2010 2010 ANNUAL 2009 2009 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 3,485,001 5,850,000 59.6% 3,411,136 5,746,237 59,4% SALES 4,758,775 7,700,000 61.8% 4,231,763 7,903,866 53.5% UTILITY 4,638,658 7,615,000 60.9% 4,651,572 8,408,836 55.3% OTHER 705,553 1,015,000 69.5% 596,415 1,200,322 49.7% LICENSES& PERMITS 1,272,430 1,020,200 124.7% 1,033,411 1,586,917 65.1% INTERGOV'T REVENUE 851,777 1,710,017 49.8% 718,177 1,841,103 39.0% CHARGES FOR SERVICES 1,541,001 2,807,220 54.9% 1,467,535 2,559,213 57.3% FINES & FORFEITS 436,075 927,700 47.0% 520,341 1,012,084 51.4% MISC. REVENUE 406,420 733,700 55.4% 465,083 831,708 55,9% OTHER FIN. SOURCES 17,500 94,000 18.6% 17,500 281,602 6,2% TOTAL REVENUES 18,113,190 29,472,837 61.5% 17,112,933 31,371,888 54,5% BEGINNING CASH BALANCE* 6,134,923 6,000,000 6,845,445 6,845,445 TOTAL SOURCES 24,248,113 35,472,837 68.4% 23,958,378 38,217,333 62.7% EXPENDITURES: CITY COUNCIL 72,382 116,525 62.1% 68,764 113,372 60.7% MUNICIPAL COURT 723,075 1,240,853 58.3% 594,776 1,271.360 46.8% CITY MANAGER 499,419 889,415 56.2% 428,808 846,087 50.7% POLICE 5,975,435 10,763,443 55.5% 5,991,802 11,113,466 53.9% FIRE 2,398,995 4,174,624 57.50/c 2,421,885 4,183,650 57.9% ADMIN &COMMUNITY SVCS 3,070,336 5,315,423 57.8% 2,831,788 5,359,879 52,8% COMMUNITY DEVELOPMENT 610,272 1,035,931 58.9% 649,761 1,144,900 56.8% ENGINEERING 617,991 1,136,332 54.4% 693,681 1,247,386 55,6% MISC. NON-DEPARTMENT 2,218,803 4,197,325 519% 2,713,264 5,554,601 48.8% LIBRARY 707,099 1,300,875 54.4% 656,731 1,247,709 52.6% TOTAL EXPENDITURES 16,893,807 30,170,746 56.0% 17,051,260 32,082,410 53.1% ENDING CASH BALANCE 5,302,091 6,134,923 TOTAL EXPEND AND END CASH BAL 35,472,837 38,217,333 AVAILABLE CASH BALANCE 7,354,306 6� 90 PERCENTAGE OF BUDGET-ALLOCATED FOR 7 MONTHS 58.3% *Authorized but non-budget expenditures of $98,750 (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 FOR: City Council August 10, 2010 TO Gary Crutelib Manager Regular Mtg.: S/16/10 FROM: Stan Strebel, 'puty City Mana, .� SUBJECT: Interlocal Agreement Creating the Tri-Cities Regional Public Facilities District I. REFERENCE(S): 1. Interlocal Cooperation Agreement 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/:16: MOTION: I move to approve Resolution No. , authorizing an Interlocal Agreement among the cities of Kennewick, Richland and Pasco for the creation of the Tri-Cities Regional Public Facilities District and, further, authorize the Mayor to sign the agreement, III. FISCAL IMPACT: Operational Costs: NTE$3,000 for 2010; NTE $16,666 per year for 2011-2014. Project Planning Expenses: NTE $33,333 IV. HISTORY AND FACTS BRIEF: A) The Regional Facilities Oversight Committee, with representatives of the three City Councils (Mayor Watkins and Ms. Francik) and a Public; Facility District representative from each of the three cities (John Merk), has been meeting since 2006 to assess the need and identify specific projects as potential regional centers. B) Following analysis of possible funding and implementation vehicles, the committee determined the use of the sales tax as the most equitable and preferred funding mechanism and the creation of a regional or Tri-Cities area public facilities district as the most viable organizational tool for regional centers. C) in the 2010 state legislative session, a bill (House Bill 2525) was passed (and subsequently signed into law) which allows for the formation of a "Regional Public Facilities District"(RPFD) by the cities. D) The committee has prepared a summary of its activities and has drafted an Interlocal Cooperation Agreement and Bylaws for the formation and governance of the Tri- Cities Regional Public Facilities District. Approval of the Interlocal Agreement, by each of the cities, is recommended by the comixiittee and will create the RPFD. E) Specific points with respect to the proposed RPFD are: 1. Becomes a separate governmental unit, subject to the law and the authority as outlined in the Interlocal Agreement and Bylaws. 2. The RPFD Board of Directors must be made up of members of the respective city council and city public facilities district boards (three total from each city). 3. The RPFD can construct/acquire/operate regional centers (including conference, convention or performing arts) as well as recreational facilities (aquatic center). 4. The voters of the RPFD must approve any sales tax imposition intended to finance a proposed regional center. F) A proposed budget/timetable for the RPFD is attached. It is possible that the RPFD, formed sometime this year, could propose a project for voter consideration in the fall of 2011. V. DISCUSSION: A) The Interlocal Agreement has been completed to include an effective date for the establishment of the Tri-Cities Regional Public Facilities District of October 1, 2010 (Section 2.03) as agreed among the cities. The Richland City Council has approved the Interlocal Agreement, The City of Kennewick is scheduled to take action on August 24. B) Staff suggests that council prepare to finalize the appointment of Pasco's three members of the TCRPFD Board of Directors at the meeting of September 7. 8(a) INTERLOCAL COOPERATION AGREEMENT (TRI-CITIES REGIONAL PUBLIC FACILITIES DISTRICT) This is an lnterlocal Cooperation Agreement (Agreement) among the Cities of Kennewick, Pasco and Richland, Washington, (`'Cities") pursuant to RCW 39.34 and RCW 35.57 for creation of the Tri-Cities Regional Public Facilities District (TCRPFD) and related financing, development, ownership and operation of one or more Regional Centers or Recreational Facilities to serve the Tri-Cities area in Benton and Franklin Counties. WHEREAS, RCW 39.34 authorizes Cities in the State of Washington to enter into agreements for the joint and cooperative exercise of certain powers,privileges and authority; and WHEREAS, the Cities have jointly formed the Tri-Cities Regional Oversight Committee for the purpose of evaluating the possible need for regional facilities and the alternative methods for approval, funding and management of such facilities; and WHEREAS, as a result of the efforts of the Oversight Committee, the Legislature has approved amendments to RCW Chapter 35,57, the City Public Facilities District Act, allowing for the creation of regional public facilities districts; and WHEREAS, RCW 35.57.010 now authorizes three or more contiguous cities, with a combined population of at least one hundred sixty thousand, each having previously created a Public Facilities District (PFD), to create a Regional Public Facilities District (RPFD); and WHEREAS, RCW 35.57 authorizes RPFDs to develop and operate one or more Regional Centers defined as "a convention, conference or special events center, or any combination of facilities, and related parking facilities, serving a regional population constructed, improved, or rehabilitated after July 25, 1999, at a cost of at least ten million dollars, including debt service;" and further authorizes RPFDs to develop and operate one or more Recreational Facilities (other than ski areas); and WHEREAS, each of the Cities of Kennewick, Pasco and Richland have created PFDs consistent with the statutory authority of RCW 35.57; and WHEREAS, RCW 82.14.048 authorizes a RPFD governing board to submit an authorizing proposition to the voters of its district and, if the proposition is approved by a majority of persons voting, to levy a sales and use tax at the rate of up to 0.2% in addition to other taxes authorized by law; and WHEREAS, the Cities of Kennewick, Pasco, and Richland have mutually agreed to create the Tri-Cities Regional Public Facilities District, ("TCRPFD") to fund and operate one or more regional centers or recreational facilities (hereafter a "Regional Center or Regional Centers") serving all three Cities and benefiting the entire Tri-Cities area; Interlocal Agreement—Tri-Cities Regional Public Facilities District - Page I NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: ARTICLE I: DEFINITIONS Section 1.01 Interpretation As used in this Agreement, the following terms have the meanings provided by Article I. Words imparting the singular number shall include the plural number and vice-versa unless the context shall indicate otherwise. Initials used in this Agreement are as defined with terms indicated with Section 1.02 Definitions. Section 1.02 Definitions (A) Agreement refers to this Interlocal Cooperation Agreement except as may be defined separately in conjunction with other related agreements. (B) Cities means the Cities of Kennewick, Pasco and Richland, which have agreed to cooperatively and jointly create the TCRPFD for the purposes of funding, constructing and operating one or more Regional Centers described by this Agreement. (C) Regional Center shall have that meaning set forth in RCW 35.57.020(1)(a)and(b). (D) TCRPFD means the Tri-Cities Regional Public Facilities District. ARTICLE II: REGIONAL PUBLIC FACILITIES DISTRICT CREATED Section 2.01 Pursuant to RCW Chapter 35.57.010(1)(e) (the "City PFD Act"), there is herehy created a regional public facilities district, which shall be called the Tri-Cities Regional Public Facilities District (the "TCRPFD"), coextensive with the boundaries of the Cities, with the powers and authority set forth in the City PFD Act. The TCRPFD is established for the purpose of acquiring, constructing, owning, remodeling, maintaining, equipping, re-equipping, repairing, financing, operating one or more Regional Centers and/or participating with any other qualified public facilities district in a cooperative and joint development of a Regional Center in the Tri-Cities area by interlocal agreement. The TCRPFD shall have all of the powers available to a public facilities district created pursuant to RCW 35.57.010(1)(e). Section 2.02 Board of Directors The Board of Directors ("Board") of the TCRPFD shall consist of nine members, three members from each city, selected and appointed by the respective City Councils of the Cities, as required by RCW 35.57.010(3)(d). Each member of the Board shall be either a member of the City Council or a member of the governing board of the Public Facilities District of the respective city, The Board members shall serve three-year terms. Of the initial members, one member from each city will be appointed for a one-year term, one will be appointed for a two-year term, one will be appointed for a three-year term. Interlocal Agreement—Tri-Cities Regional Public Facilities Disvics -Page 2 If it is determined by the City Council of any city, for any reason, that any or all of its appointed Board members should be removed from office, that Council may by resolutions remove the Board member(s) from office effective the date designated in the resolution. Vacancies shall be filled by appointment by the respective City Council, and the person appointed to fill a vacancy shall serve for the remainder of the unexpired term of the office for the position to which he or she was appointed. All corporate powers of the TCRPFD shall be exercised by or under the authority of the Board; and the business, property and affairs of the TCRPFD shall be managed under the direction of the Board, except as may be otherwise provided for by law herein, or in the Charter. Seqi2n 2.03 Or aniz tional Meetin The TCRPFD shall be established effective October 1, 2010. Within 60 days after such date, the Board shall hold an organizational meeting, written public notice for said meeting which shall be given at least ten days in advance and to each Board member, unless waived in writing. At such meeting, the Board shall organize itself, may appoint officers, and shall select the TCRPFD's place of business. Section 2.04 Joint Board There is established a Joint Board consisting of the City Managers of each of the Cities to administer the,joint undertaking set forth herein and administer this Agreement and to take any and all such administrative actions as may be necessary or desirable to accomplish the creation of the TCRPFD. ARTICLE Ill: POWERS, DUTIES AND LIMITATIONS OF TCRPFD Section 3.01 Powers (A) The TCRPFD shall have and may exercise all lawful powers conferred by State law and its Bylaws subject to the following limitations; (1) T he'I'CRPFD shall have no independent power of eminent domain. (2) Without the express authorization of a City by ordinance. (i) TCRPFD may not incur or create any liability that permits recourse by any person to any assets, services, resources, or credit of the Cities; (ii) all liabilities incurred by the TCRPFD shall be satisfied exclusively from the assets and credits of TCRPFD; (iii) no creditor or other person shall have any recourse to the assets, credit, or services of the Cities on account of any debts, obligations, liabilities, acts, or omissions of the TCRPFD. (3) All revenue, receipts, assets, or credit of the TCRPFD shall be applied toward or expended upon services, projects, and activities authorized by State law and this Interlocal Agreement; and Interlocal Agreement—Tri-Cities Regional Public Facilities District-Page 3 (4) The TCRPFD may contract with one or more of the Cities or other qualified vendor for all support staff, support services, and other forms of assistance or services as may be necessary. (B) The TCRPFD shall have the authority to acquire, hold and dispose of real and personal property. (C) The TCRPFD shall be authorized to establish a special fund with one of the Cities designated "Operating Fund of Tri-Cities Regional Public Facilities District." (D) The TCRPFD shall prepare, maintain and provide to each of the respective City Councils a written financial and activities report not less than quarterly, and otherwise as directed by the Councils. (E) The TCRPFD shall not submit any proposition to the voters that has not been approved by a majority of the members of the Board of Directors representing each of the Cities. Section 3.02 Bylaws The Board may maintain rules of procedure and governance of its activities through its Bylaws. The power to alter, amend, or repeal the Bylaws or adopt new Bylaws shall be vested in the Board, except the Bylaws shall be consistent with this Agreement which shall prevail over any conflict therein. Section 3.03 A2rslicability of Public Laws TCRPFD activity shall as required by law, comply with the Open Public Meetings Act and other provisions of State law applicable to municipal corporations. Section 3.04 Conflict of Interest No member, official, or employee of any party to this Agreement shall have any personal interest, direct or indirect, in the subject platter of this Interlocal Cooperation Agreement, nor shall any such member, official or employee participate in any decisions relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which she or he is directly or indirectly interested. Section 3.05 Public Participation Public participation will be a key element of project planning for the Tri-Cities Regional Public Facilities TCRPFD. Prior to the selection of any Regional Center Project, the TCRPFD shall prepare and implement a public participation process including consideration of the formation of an ad hoc advisory eomrnittee(ics) for the purpose of receiving public input and providing information on the proposed Regional Center, including, as appropriate, the anticipated cost, scope of operations, alternative sites, and funding; and for the gathering of public comrneni on such proposed Regional Center. lnterlocal Agreement—Tri-Cities Regional Public Facilities District-Page 4 ARTICLE IV: FUNDING Section 4.01 Startup Funding Startup costs for operational expenses (administration, legal counsel, insurance, etc.) shall not exceed $50,000 per year without prior approval of the Cities. Project planning ousts (concept and design, election, etc.) shall not exceed $100,000 without prior approval of the Cities. Startup and project planning costs will be divided equally between the Cities. Section 4.02 Capital Funding Capital costs refer to the costs of development, which may include, but are not limited to, design, permitting, acquisition, construction, demolition, improvements, or rehabilitation of a Regional Center facility. It is anticipated that capital costs for funding a Regional Center will come from sources which may include any or some combination of the following: (A) General obligation or revenue bonds to be issued by or on behalf of the TCRPFD, repaid in full or part by sales tax proceeds over a multi-year period at a rate of up to 0.2% as approved by the voters of the TCRPFD and as limited by RCW 35.57 and RCW 82.14.048. (B) Funding resources consistent with RCW 35.57 for a Regional Center such as charges and fees for use of its facilities; gifts, grants, and donations for the purposes of a Regional Center. (C) Other sources available to TCRPFD for Regional Center construction and/or operation costs including a tax on admissions (up to 5%), vehicle parking charges, vehicle parking taxes (up to 10%o).'The 'TCRPFD shall not levy property taxes or subiTtit a ballot proposition for voter authorization on property taxes without receiving approval by the City Council resolution of each of the Cities. Section 4.03 Operations Funding Funding of annual operating costs for the Regional Center may include any or some combination of the following: (A) The portion of TCRPFD sales tax proceeds as approved by the voters that are not committed to debt repayment or other capital costs. (B) Other sources consistent with RCW 35.57 including, but not limited to: admission charges and user fees, a tax on admissions, vehicle parking charges, and vehicle parking taxes; charges and fees for use of Regional Center facilities; gifts, grants, and donations for the purposes of a Regional Center. (C) Funding made possible via contracts with one or more public or private entities contracted for the operation or management of the Tri-Cities Regional Center, or any portion thereof. lnterlocal Agreement—Tri-Cities Regional Public Facilities District- Page 5 ARTICLE V: AGREEMENT DURATION AND MODIFICATIONS Section 5.01 Term of Agreement This Agreement shall take effect on the date of its execution by all signatories hereto and shall remain in effect in perpetuity or until terminated by the parties hereto consistent with the terms of this Article. This Agreement shall be listed on each party's website or other electronically retrievable public source as provided by RCW 39.34.040. Section 5.02 Aszreenaent Amendment This Agreement may be amended for any reason throughout its duration, subject to the approval of each of the participating Cities in the same form as originally approved, and if after the formation of the TCRPFD, Subject to the acceptance by the TCRPFD Board. Section 5.03 Dispute Resolution Should a dispute arise over any issue concerning the implementation or interpretation of this Agreement, the City Managers of each of the Cities shall first meet in a good faith attempt to resolve the dispute. In the event the dispute is not resolved by the City Managers, the dispute may be submitted to mediation, and if still not resolved, shall be submitted for by binding arbitration pursuant to RCW 7.04A, as amended; the Mandatory Rules of Arbitration and the laws of the State of Washington shall apply; venue shall be placed in the Superior Court of Benton County and the prevailing party/parties shall be entitled to its reasonable attorney fees and costs. For the purposes of this section, any actions or decisions made by the City Managers shall be subject to ratification by the respective City Councils. section 5.04 Agreement Termination It is the intent of the Cities to provide an adequate opportunity for the TCRPFD to initiate a regional center project, but not to continue the TCRPFD, in the absence of a project, for an unreasonable period of tithe. Therefore, notwithstanding any provisions to the contrary, this agreement may not be terminated prior to January 1, 2015 without the agreement of each of the Cities. After January 1, 2015, this Agreement may be terminated for reasons including but not limited to the following; (A) A resolution calling for termination passed by the City Council of one of the Cities. (B) Transfer of the capital and operating responsibilities of the Tri-City Regional Center to another public or private organization as mutually agreed by the Cities providing funding to the Regional Center. interlocal Agreement.—Tri-Cities Regional Public Facilities District-Page 6 (C) Completion of debt repayment as mutually agreed by the Cities providing funding to the Regional Center. (D) Other reasons as may be mutually agreed by the Cities providing; funding to the Center, subject to assurance of ongoing sustainable operation of the Regional Center subsequent to termination of this Agreement. (E) Notwithstanding the foregoing, this Agreement may not be terminated nor may the TCRPFD be dissolved if such action would impair any existing contracts to bond holders or others. Section 5.05 Dissolution Process Upon Termination (A) If the Board makes an affirmative finding that dissolution is necessary or appropriate because the purposes of the TCRPFD may not be fulfilled for any reason, the Board may adopt a resolution requesting the Cities to dissolve the TCRPFD. (B) Upon termination as provided in Section 5.05 above, the TCRPFD Board shall file a dissolution statement with each of the City Clerks of the Cities setting forth: (1) The name and principal office of the TCRPFD; (2) The debts, obligations and liabilities of the TCRPFD, including conditions of grants and donations, and the property and assets available to satisfy the same; the provisions to be made for satisfaction of outstanding liabilities and performance of executory contracts; and the estimated time for completion of its dissolution; (3) Any pending litigation or contingent liabilities; (4) The Board resolution requesting such dissolution and the date(s) and proceedings leading toward its adoption, whenever the dissolution be voluntary; (5) A list of persons to be notified upon completion of dissolution; and (6) Dissolution plan subject to approval by each City Council. (C) The Cities intend that disposition of real or personal property assets will be determined in the following order of priority: (1) As stipulated in the Development and/or Operating Agreements negotiated subsequent to the date of this Interlocal Cooperation Agreement. (2) As determined by agreement of the signatories hereto based on terms of the termination process as may be mutually agreed by all participating Cities. (3) Transfer to the City in which the Tri-Cities Regional Center is located, if items (1) and (2) prove to be not applicable. Interlocal A.areement- Tri-Cities Regional Public Facilities District-Page 7 (4) Provision for ongoing accounting of funding, operating income and expenses, assets, and liabilities shall survive this Agreement pending disposition pursuant to the specifications of this Section. (D) The dissolution plan will be administered in accordance with RCW 53.48 under the jurisdiction of the Benton County Superior Court. ARTICLE VI: ENTIRE AGREEMENT This agreement contains all the terms and conditions agreed upon by the Cities. All items incorporated by reference are attached. No other understandings, verbal or otherwise, in regards to the subject matter of this agreement shall be deemed to exist. Any modifications to this agreement shall be in writing and signed by each of the Cities to be effective. ARTICLE VII: AGREEMENT AUTHORIZATION This Interlocal Cooperation Agreement (Agreement) shall take effect on the date of its execution and is governed by the respective laws of the State of Washington. In the event that any portion of this Agreement is deemed invalid, the remainder of the Agreement shall remain in full force and effect. For purposes of this Agreement, authorization is subject to approval by ordinance, resolution or otherwise pursuant to law enacted by each of the City Councils of the participating Cities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of this day of , 2010. CITY OF KENNE`'V'ICK APPROVED AS TO FORM Steve C. Young, Mayor Lisa Beaton, Attorney CITY OF PASCO Matt Watkins, Mayor Lee Kerr, Attorney CITY OF RICHLAND J Fox, Mayor Tom Lampson, Attorney Interlmal Agreement.—Tri-Cities Regional Public Facilities District-Page 8 RESOLUTION NO. A RESOLUTION authorizing an Interlocal Agreement among the cities of Kennewick, Richland and Pasco, Washington for the creation of the Tri-Cities Regional Public Facilities District. WHEREAS, RCW 39.34 authorizes cities in the state of Washington to enter into agreements for the joint and cooperative exercise of certain powers, privileges and authority; and WHEREAS, the cities of Kennewick, Richland and Pasco have responded to citizens' expressed interest for realizing one or more "regional centers" such as an aquatics i'acility or a performing arts center; and WHEREAS, the Tri-Cities Regional Oversight Committee has studied alternatives to funding and managing regional centers and has made the recommendation for the fonmation of a "Tri-Cities Regional Public Facilities District" (TCRPFD); and WHEREAS, the Pasco City Council supports the formation of the TCRPFD as the preferred organizational vehicle to present the question of funding one or more regional centers to the voters; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1: That the City Council adopts the Interlocal Agreement for the creation of the Tri-Cities Regional Public Facilities District and, further, authorizes the Mayor to sign the Interlocal Agreement. Passed by the City Council of the City of Pasco this day of 2010. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council July 30, 2010 TO: Gary Crutchlie C't anager Workshop Mtg.: 8/9/10 Regular Mtg.: 8/16/10 PROM: Stan Strebel, D uty City Mana SUBJECT: Lewis Street Overpass Design Concepts 1. REFERENCE(S): 1. Lewis Street Overpass Concepts 1-4 2. Slopes vs. Walls I1. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 8/9: Discussion 8/16: MOTION: I move to adopt (option ) with (walls/slopes) as the preferred design concept for the Lewis Street Overpass. 111. FISCAL IMPACT: IV, HISTORY AND FACTS BRIEF: A) JUB Engineering is proceeding with design of the Lewis Street Overpass project with a target to complete final design submittal by May 30, 2011. JUB presented four alternative design concepts for Council discussion and consideration on July 26. Discussion also included the alternatives of using slopes or walls to retain the fill necessary for the structure. V. DISCUSSION: A) Council's direction on the preferred concept for the structure alignment, flow and support is requested to guide the consultant in completing design work. 10(a) •��' a - y � C1 � �g�€a9 w D ti - � t t ZlLi P-1-M lk ST CL f OWN ZI n me e � LEWIS ST ., �j _ w p saw �b irr. ' { � r 1 D � s +1 Em PA TL1 1 2 �� w /'� W3� F`L Ip ._� � .�� a _._,.�„����• ,t� �, a _ r JAI cc i + RI � tp rn ,q ti 1 cc !j O Z r r y s �• •y I � � rA dW �jq iEIF 1 d � !I - � • i� ..c,.�.._..r OPT-A Walls vs Slopes t LANDSCAPE CONCEPT 1 -'I r - -r; LANDSCAPE CONCEPT 2 AGENDA REPORT TO: City Council August 6, 2010 FROM: Gary Crutchfi I Regular Manager Workshop '-Mtg.: 819/10 Mig.: 8116/10 SUBJECT: Golf Course L ase Amendment No. 4 I. REFERENCE(S): 1. Proposed Lease Amendment II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 819: Discussion 8116: MOTION: I move to approve Amendment No, 4 to the Golf Course Lease Agreement and, further, authorize the Mayor to sign the Amendment. III. FISCAL IMPACT: $45,000 increase in City revenue for 2011; growth of at least $5,000 per year each year thereafter. IV. HISTORY AND FACTS BRIEF: A) The city entered into a 10-year lease Agreement with IRI Sun Willows Associates, LLC, beginning in 2001. The 10-year lease agreement specified rent and other concession payments due to the city for the privilege of operating the golf course "for profit." The 10-year lease included a provision whereby the lessee could elect to extend the lease for an additional five years, subject to mutual agreement on rent for the additional five-year period. B) Staff and IRI have discussed over the past four months an appropriate adjustment for the income to the city from the course over the additional five years (expiring at the end of 2015). The proposed amendment reflects the tentative agreement of the, lessee. V. DISCUSSION: A) The proposed amendment increases the base rent and concession payments by 20%. The annual threshold is increased by $30,000 (to $180,000) and the concession payment is increased by $1 5,000 (to 590,000). Each year thereafter, an additional 2% is added to the two thresholds (representing a combined increase annually of at least $5,400). The effect of the changes is to bring the annual rent payments to the city in line with the payments initially received at the beginning of the lease, after adjusting for inflation. B) The increased rent obligation on the part of the lessee will add pressure to increase golf course fees. Given the existing lease provisions, the "green fees" (those charged for daily play) can be increased by the lessee; those are limited so as not to exceed the average of the same fee experienced at Canyon Lakes and Columbia Point golf courses. Season ticket fees may also increase, but Pasco residents receive a 15% discount; thus, Pasco residents would pay no more than 85% of the average of the other two courses. C) Given the public investment in the construction and renovation of the course, the public (via the city) should receive market value for the operation of the course. The proposed amendment will better accomplish that, while maintaining the discount for Pasco season ticket holders. 1Q(b) AMENDMENT NO. 4 GOLF COURSE LEASE AGREEMENT THIS FOURTH AMENDMENT is entered into this day of August, 2010, by and between the CITY OF PASCO, a Washington municipal corporation, hereinafter referred to as "City", and IRI SUN WILLOWS ASSOCIATES, LLC, a Delaware limited liability company, hereinafter referred to as "Lessee". WHEREAS, the City and the Lessee entered into a Golf Course Lease Agreement on the 27th day of December, 2000 for the lease of real property owned by the City for the exclusive use as a golf course, and WHEREAS, the Citj) and the Lessee have entered into three (3) prior Amendments to the Golf Course Lease which to the extent not inconsistent herewith, are continued in Rill force and effect; and WHEREAS; the parties have entered into a Supplemental Agreement dated January 8, 2010 as to additional terms which supplement or modify the Golf Course Lease Agreement as amended which in addition, acknowledged and accepted Lessee's written notice of its intent to renew the Lease for a renewal term of five (5) years, and which terms are, to the extent not inconsistent with this Amendment and the Escrow Agreement entered into between the parties on the 8th day of January, 2010 are continued in full force and effect. NOW, THEREFORE, in consideration of the mutual covenants, contained herein and value, the parties agree to enter into this Fourth Amendment to the Golf Course Lease Agreement and those sections specifically identified below with deletions indicated by interlineations and additions by underlying as follows: Section 1 Annual Lease Payment Section 2.2(a) "Golf Course Annual Lease Payment" is hereby amended and shall read as follows: (i) Lessee agrees to pay an annual lease payment (the "Annual Lease Payment") commencing as of January 1, 2011, in the amount of $180,000.00. Thereafter, commencing on January 1, 2012, the annual lease payment shall be increased by two percent (2%) each year during the renewal term of this Lease (by way of illustration, commencing January 1, 2012: the annual lease payment will be $183,600,00). (ii) Lessee agrees to pay the Annual Lease Payment in installments payable on or before the 5th day of each calendar month during the renewal term of this Lease, commencing on January 1, 2012 according to the following schedule: Months Lease Payment January $ 0.00 February $ 8,000.00 March $18,000.00 April $35,000.00 May $35,000.00 June thru December $12,000.00 Each year thereafter, commencing on January 1, 2012, the monthly installment payment shall increase by two percent (2%) from the following year. By way of illustration,the monthly installment payments for 2012 shall be: Months(s) Lease Pavment January $ 0.00 February $ 8,160.00 March $18,360.00 April $35,700.00 May $35,700.00 June thru December $12,240.00 with such increases applying to each year thereafter during the renewal term. Section 2 Section 2.2 (c) "Golf Concession Fee" is hereby amended and shall read as follows: (i) Lessee agrees to pay, for the right to offer golf related merchandise for sale, lessons and other golf related services, an annual concession fee commencing on January 1, 2011 in the amount of$90,000.00 (the "Annual Concession Fee"), Thereafter, commencing on January 1; 2012, the annual concession fee shall be increased by two percent (2%) each year during the renewal term of this Lease (by way of illustration, commencing January 1, 2012, the annual concession Pee will be $91,800,00). (ii) Lessee shall pay the Annual Concession Fee during the renewal term, commencing January 1, 2011 on or before the 5`h day of each month of the renewal term according to the following schedule: Fourth Amendment to Golf Course Lease Agreement Page 2 Months Concession Fee January $ 0.00 February $ 3,000.00 .March $ 8,000,00 April $15,000.00 May $15,000.00 June thru December $ 7,000,00 Each year thereafter, commencing on January 1, 2012, the monthly installment payment shall increase by two percent (2%) from the following year. By way of illustration, the monthly installment payments for 2012 shall be: Months Concession Fee January $ 0.00 February $ 3,060.00 March $ 8,160.00 April $15,300.00 May $15,300.00 June thru December $ 7,140.00 with such increases applying to each year thereafter during the renewal term. Section 3 Remaining Terms All remaining terms of the Golf Course Lease Agreement as amended by Amendments Nos, 1 through 3, the Supplemental Agreement, and Escrow Agreement of January 8, 2010 to the extent that they are not in conflict with any of the provisions of this Fourth Amendment, shall remain in full force and effect and fully enforceable by either party. DATED the day and year first written above. CITY OF PASCO Matt Watkins, Mayor Date ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Fourth Amendment to Golf Course Lease Agreement Page 3 LESSEE.; IRI SUN WILLOWS ASSOCIATES, LLC, a Delaware limited liability company Its Manager: BY: GOLF/MARK CORPORATION, a Delaware corporation, Its General Partner Jeffrey M. Silverstein, President Date Fourth Amendment to Golf Course Lease Agreement Page 4