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2010.12.06 Council Meeting Packet
AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. December 6,2010 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 November 15, 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 $1,436,263.86 (5212,060.17 in the form of Electronic Fund Transfer Nos. 4167, 4181, 4207, 42.1 1, 4226, 4236, 4238, 4245 and 4253; and 51,224,203.69 consisting of Claim Warrants numbered 179657 through 179878). 2. To approve Payroll Claims in the amount of S1,872,015.29, Voucher Nos_ 42039 through 42125; and EFT Deposit Nos. 30040986 through 30041532. *(c) Final Plat(NO#FP 10-010) Northwest Commons PUD Phase 4 (Emerald Properties): 1. Agenda Report from David 1. McDonald,City Planner dated November 30, 2010. 2. Overview Map. 3. Vicinity Map. 4. Final Plat(Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.Pasco-wa.�ov/cityeouncilreports). To approve the final plat for Northwest Commons PUD Phase 4. *(d) Final Plat(MF#FP 10-012)Linda Loviisa Division 2,Phase 2(Aho Construction): 1. Agenda Report from David I. McDonald, City Planner dated November 30, 2010. 2. Overview Map. 3. Vicinity Map. 4. Final .Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at!Atp;// ww.pasco-wa.Zov/eitk'councilrr_ports 1. To approve the Final Plat for Linda Loviisa Division 2,Phase 2. (e) Resolution No.3291,a Resolution of the City of Pasco authorizing the City Manager to negotiate and enter into a temporary services agreement with the City of Richland for inspection services. 1. Agenda Report from Gary Crutchfield, City Manager dated November 30,2010. 2. Richland Resolution No. 76-10. 3. Proposed Resolution. To approve Resolution No. 3291, authorizing the City Manager to negotiate and enter into a lemporary services agreement with the City of Richland for rental inspection services. (f) Resolution No. 3292, a Resolution approving a land use plan entitled the Boat Basin/Marine Terminal Plan. 1. Agenda Report from Jeffrey B. Adams, Associate City Planner dated November 24, 2010. 2. Vicinity Map. 3. Proposed Resolution including Boat Basin/Marine Terminal Plan as Exhibit#1 (Exhibit #1 in Council packets of 11/22/10; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.liaseo-wa.v-ov/cityc uuncilreports). 4. Planning Commission Minutes of 9116/10 and 10/21/10. To approve Resolution No. 3292, adopting the Boat Basin/Marine Terminal Plan. Regular Meeting 2 December 6,2010 *(g) Resolution No. 3293, a Resolution accepting work performed by Premier Excavation under contract for the Commercial Avenue Phase 4 Sewer Force Main Hillsboro & Capitol, Project No. 10-1-05. 1. Agenda Report from Jess Greenough,Field Division Manager dated December 1,2010. 2. Resolution. To approve Resolution No. 3293, accepting the work performed by Premier Excavation under contract for the Commercial Avenue Phase 4 Sewer Force Main Hillsboro & Capitol, Project No. 10-1-05. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS- (a) Verbal Reports from Councilmembers (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Q(a) Alley Vacation (MF #VAC 10-008) the north/south alley in Block 137, Pasco Land Company's First Addition (City of Pasco). 1. Agenda Report from David I. McDonald,City Planner dated November 30, 2010. 2. Vicinity Map. 3. Proposed Ordinance. CONTINUE PUBLIC HEARING Ordinance No. , an Ordinance vacating the north/south alley in Block 137 Pasco Land Company's First Addition. M(YFI N: I. move io ac opi Ordinance , vacating a portion oi'thc, nortlVsouth alley in Black 137, Pasco Land c=ompany's Fimt Additiun and. RirtheT-, to autho izc publication by aurtlttlaly only. (b) 2011 Annual Operating and Capital Projects Budgets. 1. Agenda Report from Dunyele Mason,financial Services Manager dated December ], 2010. 2. Proposed 2011 Annual Operating Budget Ordinance, 3. Proposed 2011 Capital Projects Budget Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. ,an Ordinance adopting the City of Pasco Operating Budget for the Year 2011. MIITII}N: I move for(lie first it a=dinjq of Ordinance No. . -for vonsideration of`tlic it)I I Annual Operatbia Btidgcl.. -AND- Ordinance No. , an Ordinance adopting the City of Pasco Capital Projects Budget for the Year 2011. MOTION: 1 move for the first reading.of Ordinance No, , 1er consideration of[lie 2011 Ct phLil Prrijc.w%Budget. (c) Amendment of 2011-2016 Six-Year Transportation Improvement Plan to include 4"Avenue Corridor. I. Agenda Report from Michael McShane, City Engineer dated November 12.2010. 2. Vicinity Maps, CONDUCT A PUBLIC HEARING 51OTION. I move to approve the amendment to include 4`h Avenue Corridor to the 2011 S i x- Year Transpoil ati on Improvement Plan(STIP). Regular Meeting 3 December 6,2010 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Q(a) Ordinance No.3978,an Ordinance vacating a portion of Holden Street and Front Avenue. 1. Agenda Report from David 1. McDonald, City Planner dated November 30, 2010. 2, Vicinity Map. 3. Proposed Ordinance. MOT-ION: i move to adiipt Ordinance No. 3978, vacating a portion of Holden Strict and Front Avenue arid, further, to authol-lb°publication by summary only. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Commercial Avenue Phase 3D-Boring,SR 395&Foster Wells Road,Project No. 10-2-01: 1. Agenda Report from Jess Greenough,Field Division Manager dated December 1,2010. 2. Bid Summary. 3. Vicinity Map. (RC-) MOTION. I inove to award the low bid 1br Conlnlereial Avenue Phase 3D - Boring SR =95 & Foster Wells Ruud, Project too_ 10-2-01 to Armadillo Underg utid, Inc__ in (ho amount of $210,950.00, lulus applicttl_)lc sales tart and, further. authorize the Mayo' to sip the contract clpcuinerits. (b) Federal Legislative Consulting Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated November 19, 2010. 2. Proposed Agreement. Mf17'I0N: 1 move to approve the agreemeiit with Gordou Tlikim.a-, Rrincyw0l Goverainprila's Affairs for Federal Legislative Consi llaot Scrvic:es find, Nirtthur. attthurize the City Manager to Sign Ihke agivement.. 11. MISCELLANEOUS DISCUSSION: (a) 2011 Legislative Priorities (b) Special Meeting, 12/13/10 (c) Cancel January 3, 2011 meeting 12. EXECUTIVE, SESSION: (a) Performance of Contracts (b) Collective Bargaining Proposal (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required r Item not previously discussed MF# "Master F i I e#...... Q Quasi-Judicial Matter REMINDERS: 1. 1:30 p.m., Monday, December, 6, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY,Alt.) 2. 7:00 a.m., Thursday, December 9, Walla Walla - BFCG Tri-Mats Policy Advisory Committee Mcciing. (COUNCILMEMBER BOB HOFFMANN,Rep.; REBECCA FRANCIK, Alt.). 3. 5:30 p.m., 'Thursday, December 9, 710 W. Court Street —Benton-Franklin Community Action Co=ittee Meeting. (COUNCILMEMBER AL YENNEY,Rep.;REBECCA FRANCIK, Alt.) 4. 7:00 p.m., Thursday, December 9, Tramil Facility — Ben-Franklin Transit Board Meeting. (MAYOR MATT WATKINS,Rep.; COUNCILMEMBER MIKE GARRISON, Alt.) MINUTES REGULAR MEETING PASCO CITY COUN--CIL NOVEMBER 15, 2010 CALL TO ORDER: The meeting was called to order at 7:00 p.m, by Matt Watkins, Mayor. ROLL CALL: Councilmernbers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez. Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard "Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Denis Austin, Police Chief, Bob Gear, Fire Chief and Dunyele Mason, Financial Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated November 1, 2010. (b) Bills and Communications: To approve General Claims in the amount of S1,372,710.34 ($284,199.74 in the form of Electronic Fund Transfer Nos. 1041, 1043 and 1044; and $1,088,510.60 consisting of Claim Warrants numbered 179430 through 179656). 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$229,574.25 and, of that amount, authorize $171,410.26 be turned over I'or collection. (c) Civil Service Commission Appointment: To confirm the City Manager's reappointment of Cos Edwards to Position No. 2 on the Civil Service Commission, term to expire 2/17/16. (d) Resolution No. 3288, a Resolution accepting work performed by Premier Excavation, Inc., under contract for the LID 4146 -- Kurtzman Park Street Improvements, Project No. 09-3-07. To approve Resolution No. 3288, accepting the work performed by Premier Excavation, Inc., under contract for the I.ID 4146— Kurtzman Park Street Improvements, Project No. 09-3-07. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Mr. Pete Rieke, 9104 Pooler Rd., addressed Council about opening the locked pedestrian gate for Chial ana Nark at Rd 96. Mr. Joseph Graziani, 2410 Rd 96, agreed that the gate should be open. Council concurred to temporarily open the gate with a sign posted stating gate use is for bike path access only. Park & Recreation Advisory Council will review the issue and report back to Council. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 15, 2010 REPORTS FRONT COMMITTEES AND/OR OFFICERS: Mr. Yenney attended the Veteran's Day Celebration at Columbia Park. Mr, Hoffmann attended the Regional Good Roads and Transportation Association meeting. 'Mayor Watkins attended the Ben-Franklin Transit. Board meeting and noted Mr. Yenney has been formally appointed to the Hanford Area Economic Investment Fund Committee. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 2011 Property Tax Levy. Ms. Mason explained the details of the proposed Property Tax Levy. MAYOR «'ATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE 2011 PROPERTY TAX LEVY. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THFRF. B ING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3975, an Ordinance providing for the 2011 Ad Valorem Tax Levy, a levy for the 1999 Unlimited Tax General Obligation Bonds and a levy for the 2002 Unlimited General Obligation Refunding Bonds in the City of Pasco in accordance with state law. MOTION: Ms. Francik moved to adopt Ordinance No. 3975, providing for the 2011 Ad Valorem Tax Levy, option #2, a levy for the 1999 Unlimited Tax General Obligation Bonds and the 2002 Unlimited Tax General Obligation Refunding Bonds. Mr. Garrison seconded. Motion carried unanimously. Ordinance No. 3976, an Ordinance preserving the Property Tax Levy Capacity in the City of Pasco, Washington for fiscal years after 2010 in accordance with state law. MOTION: Ms. Francik moved to adopt Ordinance No. 3976, preserving Property Tax Levy Capacity for fiscal years after 2011 in accordance with state law, Mr. Martinez seconded. Motion carried 6 -- 1. No —Larsen. Street Vacation (MF #VAC 10-007) A Portion of North Main Avenue (Dress, Johnson and Winters). Mr. White explained the details of the proposed vacation. MAYOR WATKINS DECLARED THE PUBLIC HERRING OPEN TO CONSIDER THE PROPOSED VACATION. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST, AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3977, an Ordinance vacating a portion of North Main Avenue. MOTION: Ms. Francik moved to adopt Ordinance No.3977, vacating a portion of North Main Avenue and, further, authorize publication by summary only. Mr, Yenney seconded. Motion carried unanimously. 2 MINUTES RE00LAR MEETING PASCO CITY COUNCIL NOVEMBER l5, 2010 Alley Vacation (MF #VAC 10-008) The North/South Alley, in Block 137, Pasco Land Company's First Addition (City of Pasco). Mr. White explained the details of the proposed vacation. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED VACATION. Mr, Bob Gilbert, 429 N. Oregon Ave., stated there is a sewer line in the vacation area. Mr. Bill Andre, 423 N. Oregon Ave., is concerned about buried tanks in the vacation area. MOTION: Ms. Francik moved to continue the Public Hearing until the December 6 1 regular meeting. Mr. Larsen seconded. Motion carried unanimously. Street Vacation (MF #VAC 10-006) A Portion of Holden Street and Front Avenue (Oxa rc). Mr. Garrison recused himself from this issue due to business associations and left the Council Chambers. Mr. White explained the details of the proposed vacation. MAYOR WATKINS REOPENED THE PUBLIC HEARING TO CONS[DER THE PROPOSED VACATION. FOLLOWING TI IREE CAI.I.S FOR COMMENTS; EITHER FOR OR AGAINST, AND THERE;BEING NONE,MAYOR WATKINS DECLARED THE PUBLIC I IEARING CLOSED. Ordinance No. 3978, an Ordinance vacating a portion of Holden Street and Front Avenue. MOTION: Ms. Francik moved to adopt Ordinance No. 3978, vacating a portion of Holden Street and Front Avenue and, further, authorize publication by summary only. Mr. Yenney seconded. MOTION: Ms. Francik moved to table Ordinance No. 3978 until the December 6 regular meeting for clarification on storm water system. Mr. Martinez seconded. Motion carried unanimously. Mr. Garrison returned to the Council Chambers. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HFARINGS: Ordinance No. 3978, an Ordinance of the City of Pasco, Washington, amending Chapter 14.08 of the Pasco Municipal Code, Public Works Construction Standards and Section 3.07.180 regarding Public Works Inspections. MOTION: Ms. Francik moved to adopt Ordinance No. 3979, amending the Pasco Municipal Code regarding Public Works Inspection and, further, authorize publication by summary only. Mr. Cran'ison seconded. Motion carried 5-2. No — Larsen, Yenney. Resolution No. 3289, a Resolution of the City Council of the City of Pasco, Washington, relating to public improvements; declaring its intention to order the improvement of Waldemar, Cedar, Hugo and Sycamore Avenues and Alton, Helena and Butte Streets in the Kurtzman area and to create a Local Improvement District to assess a portion of the cost and expense of carrying out those improvements against the properties specially benefited thereby; and, notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on December 20, 2010. 3 MINUTES RFOULAR MEETING PASCO C'I'TY COI-NCIL NOVEMBER 15, 2010 Mr. Yenney disclosed he has a relative with property in the proposed LID area. Council and staff discussed the proposed Resolution. MOTION; Ms. Francik moved to approve Resolution No. 3289, relating to public improvements; declaring the city's intention to order the improvement of Waldemar, Cedar, Hugo and Sycamore Avenues and Alton, Helena and Butte Streets in the Kurtzman area and to create a Local Improvement District to assess a portion of the cost and expense of carrying out those improvements against the properties specially benefited thereby; and, notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on December 20, 2010. Mr. Gan•ison seconded. Motion carried unanimously. Resolution No. 3290, a Resolution accepting work performed by Ziegler Construction Co. under contract for the Memorial Pool Remodel Project. Council and staff discussed the project. MOTION: Ms. Francik moved to approve Resolution No. 3290, accepting the work performed by Ziegler Construction Co., under contract for the Memorial Pool remodel. Mr. Martinez seconded, Motion carried unanimously, NEW BUSINESS: Commercial Avenue Phase 3C, Pipe Line Casing; Spacers, SR395 & Foster Wells Road, Project No. 10-2-01: MOTION: Ms. Francik moved to ratify the award for the low quote received for Commercial Avenue Phase 3C, Pipe Line Casing Spacers. SR)95 & Foster Wells Road, Project No. 10-2-01 per PMC 14.11.010. Mr. Yenney seconded, Motion carried unanimously. Broadmoor Pump Station Improvements, Project No. 10-2-05: MOTION: Ms. Francik moved to award the low bid for Broadmoor Pump Station Improvements, Project No, 10-2-05 to Booth & Sons Construction, Inc., in the amount of $428,189.81 plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Mr, Martinez seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Council and sta(I'discussed snow plow routes and contingencies. ADJOURNMENT: There being no further business, the meeting was adjourned at 8;41 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra 1— Clark, City Clerk PASSED and APPROVED this 6th day of December, 2010. 4 CITY OF PASCO Council Meeting of: December 6, 2013 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished,the se ' es rendered or t labor performed as described herein and that the claim is a just, due and unpaid bligation mst he city and that we are authorized to authenticate and certify to said claim. i Gary Crutchfield, City a 110hyele Mss n, in rice Services Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington,do hereby certify on this 6th day of December, 2010 that the merchandise or services hereinafter specified have been received, Check Numbers from: 179657 In The Amount Of: $1,224,203.69 To Check number: 179878 Electronic Funds Transfer No,s: 4167,418'1,4207 In The Amount Of: $212,060.17 X1211, 4226,4236 4239 4245,4253 Combined total of $1,436,263.86 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND: Legislative 285,90 Judicial 4,930.43 Executive 1,628,58 Police 116,991.10 Fire 13,324.91 Administration& Community Services 90,480.67 Community Development 768.23 Engineering 2,119.74 Non-Departmental __ 49,881.27 Library 101,101.21 TOTAL GENERAL FUND: 381,512.04 STREET 33,850,22 ARTERIAL STREET 35,146.54 STREET OVERLAY 0.00 C. D. BLOCK GRANT 9,698.91 KING COMMUNITY CENTER 2,038.12 AMBULANCE SERVICE 19,456.78 CEMETERY 2,397.21 ATHLETIC PROGRAMS 2,416.72 SENIOR CENTER 5,669.34 MULTI MODAL FACILITY 2,674.79 RIVERSHORE TRAIL& MARINA MAIN 198.80 LITTER CONTROL 2,015.60 REVOLVING ABATEMENT 0.00 PARKS FUND 0.00 TRAC DEVELOPMENT 18,489.08 STADIUM/CONVENTION CENTER 8.369.40 SPECIAL ASSESSMNT LODGING 17,453.36 GENERAL CONSTRUCTION 4,608.94 WATERS E W ER 377,588.26 EQUIPMENT RENTAL- OPERATING GOVERNMENTAL 29,223.94 EQUIPMENT RENTAL- OPERATING BUSINESS 3,713.28 EQUIPMENT RENTAL- REPLACEMENT GOVERNMENTAL 2.6,62.6.04_ EQUIPMENT RENTAL-REPLACEMENT BUSINESS 0.00 TRI CITY ANIMAL CONTROL 54,644.76 MEDICAUDENTAL INSURANCE 159,941.91 CENTRAL STORES 0.00 PUBLIC FACILITIES DIST 27,915.11 PAYROLL CLEARING 77,164.86 LID CONSTRUCTION 133,449.85 GRAND TOTAL ALL FUNDS: $ 1,436,263,86 3(b).1 CITY OF PASCO Council Meeting of: Payroll Approval December 6, 2010 The City Council City of Pasco Franklin County,Washington The folloA!ng is a summary of payroll claims against the City of Pasco for the month of November 20V�Lvhich re s ted herewith for your review and approval. Gary D:Cru ch Manager Rick Terway,Administrative&Community Services Director We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's.42039 through 42125 and EFT deposit No'$. 30040986 through 30041532 and City contributions in the aggregate amount of$1,872,015.29 are approved for payment on this 6th day of November 2010. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 7,231.34 Judicial 74,403.95 Executive 62,043.87 Police 539,821.99 Fire 279,926.76 Administrative& Community Services 234,617.43 Community Development 71,631.22 Engineering 77,792.64 TOTAL GENERAL FUND 1,347,469.20 CITY STREET 33,594.33 BLOCK GRANT 12,665.10 MARTIN LUTHER KING CENTER 6,299.73 AMBULANCE SERVICE FUND 131,556.63 CEMETERY 8,397.75 ATHLETIC FUND 1,719.85 SENIOR CENTER 13,137.21 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 0.00 WATER/SEWER 292,075.34 EQUIPMENT RENTAL-OPERATING 25,100.15 GRAND TOTAL ALL FUNDS $ 1,872,015.29 Payroll Summary Net Payroll 905,082.90 Employee Deductions 544,502.00 Gross Payroll 1,449,584.90 City of Pasco Contributions 422,430.39 Total Payroll $ 1,872,015.29 3(b).2 AGENDA REPORT FOR: City Council November 30, 2010 TO. Gary Crutchfie Manager Regular Mtg,: 12/6/10 Rick White, Community & onomic Development Director FROM: David I. McDonald, City Planner SUBJECT: FINAL PLAT (MF4 FP 1.0-010) Northwest Commons PUD Phase 4 (Emerald Properties) I. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Final Plat (Council packets only; copy available for public review in the Planning Office, the Pasco Library or on the city's webpage at h EWwww.nasco- wa. ov/city councilreports — ii. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1216. MOTION: I move to approve the final plat for Northwest Commons PUD Phase 4. Ili. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Northwest Commons subdivision. The developer is now seeking final plat approval for Phase 4, B. The Northwest Commons subdivision is a single-family residential development located east of Road 52 and north of Sandifur Parkway. V. DISCUSSION: A. Prior to approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements, In this case, the developer has completed the infrastructure improvements, B. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. 3(c) Overview Map File FP Item: Northwest Commons PUD Phase 4 10-0 1 . rf r■ .. ��11[� r r r � s. f■ is S`Il1.. d � �, ■ ' s ISIS Jr ;�tj ,1 Ir Jrl.. `.` llI (G• 'r�-'�4 M �fts as rA wVY•c 'KL ri � .. ` 't'�ti'1�a��af'" II _... ■. ` y w ■.y(6 ` f 1 '�S �Y Mr .e�d MR f�M •1i :A 1. q y '. 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'+tltls.aF'tSrN'alt�e�,i W IL _ . mJ !� :: b-•ar 1x p;;;�i ar z;. aK�' a1. �itlsw3l11,►My u ail Vicinity Item: Northwest Commons PUD Phase .4 Applicant: Emerald Properties l.1_ ' Map File #: FP 10-0 10 r' J MOAN fim AIM- a � r3 c r • . AGENDA REPORT FOR: City Council November 30, 2010 TO: Gary Crutchfi e Manager Regular Mtg.: 12/6/10 Rick White, Community & onomic Development Director FROM: David I. McDonald, City Plann r SUBJECT: FINAL PLAT (MF# FP 10-012): Linda Loviisa Division 2, Phase 2 (A.bo Construction) I. REFERENCE(S): I. Ovcrvicw Map 2. Vicinity Map 3. Final Plat (Council packets only; copy available for public review in the Planning Office, the Pasco Library or on the city's webpage at http://,Aww.pasco- wa.Gov/citvcounci Ire ports 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/6: MOTION: I move to approve the Final Plat for Linda Loviisa Division 2, Phase 2. III. FISCAL IMPACT: NONE IV, IIISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Linda Loviisa Division 2 subdivision. The developer is now seeking final plat approval for Phase 2. B. Linda Loviisa Division 2 is a single-family residential development located south of Burden Boulevard and west of the Desert Plateatt/Desert Oasis neighborhood. `". DISCUSSION: A. Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer has completed the infrastructure improvements. B. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. 3(d) F Overview Item. Linda , Map Applicant: Aho Construction N - ,i_ #: FP 10-012 1 •aH. {k:-, �° 'dip Hai,', - r t t► i ieMSiT�f isti�.sf =+ ;n e,s, • �sJR r+1;�f�� `.1 Its +first iaTJ�.wi: :iYi•61r:�. '+:.3s:.Yi/+ � �' .-� �:ai,c � �� wo.� air�* i1;• ti.C,� Crar i >irit. '� -: �- , �yY /7 y ti 7/iiR�tf f1SRl lr Si' �� 'stJ� I ( �- ,� .- � `• y �� ° r-v T7� � .Yti - )�' -' A4, �� tt-'�• +f•- JQ � :f.,��tt`++ a",.y�' �, t.�h i 1. 1ff . `, j.� �f7f►1 f1�1'I7r1f If � � • .fir fS � �:��• .- 'r"'..'•. t � e �d �`'a� 'ads f f �:°TL. -`� �:i:li�yj th.4 t�}A::�k yi •s. i , �� '�`� *� 4 •� ,�CPJ'r '-♦'.�'•'��.syMt - ���� ��r r'+�'�: +�d �} ��,�• ss!'t3t. t iii..- '�7f"s yr • •1 �- _ �jli: ri i. ::•t.'��fr.,,ai":,�+ii•w.id�.r„4 .� � .,��1 ei� aei f ir�l,i. ;• a: '•r � bti ei •K 4 t-s r.- •f`.• �. ,•- � � '' s •.� tlf+ mil' �''�: "a �M Srl�•�.r+ .ire uv�s -i•'����r-tJli.�..' u {±— - _a � �. • ��� _ � rjvF.3•tid•+k ;-4'kly • rr� r �-• -:tz• • le - -tom. :r-. --- 1ti,• 1 'f r�„few s r ter- �r�T'wY<,7 l a. ri �('• y' iqu#`��l t f '('J �`4..,-*i's •"�1►�.j � •s s � 1 '� � ,i Or �.iC....• i ou tea � s .r.�. . a �y 1r ,` � s s fF''S� �;r ,±, �•el�•�n�►-•►.,�,��Y.•'Y4 � 7 t r wA ,�+1 �r _�-_,� � � I.1�A a� jai 4 � ? :w 4!' 'M 1► ! , del .` ( •�.• ,< � �r ,-� � �:' y��=r yr�,; Vogl - • i F a �,�� "�i9►•♦ ��'� ' �+1" , °r S Item:V'C'n'ty A Linda Loviisa Phase t licant: A • Construction Map File #: FP 10-012 -Air 5:11 Ck IftAt a•fir , /'�� � �� � � �� It +sr � - � � o 1 n •-��� ' 1 ' ` a ,� fl u N ■�� ,t I t s. NO NO o 0 � f 's M �) a� i I t AGENDA REPORT TO: City Council l November 30, 2010 FROM, Gary Crutchfiei P Manager Regular Mtg.: 12/6/10 SUBJECT: Rental Inspection Services for Richland 1. REFERENCE(S): 1, Richland Resolution No. 76-10 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 12/6: MOTION: I move to approve Resolution No. authorizing the City Manager to negotiate and enter into a temporary services agreement with the City of Richland for rental inspection services. I11. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The City of Pasco has operated its own rental inspection prograrn since 1998. The city has three code enforcement officers, all of which are trained in rental inspection standards and requirements. R) The City of Richland recently received a federal grant to conduct a "pilot project" of rental inspections in a targeted area of Richland; the purpose of the project is to evaluate whether or not the city wishes to establish an on-going rental inspection program, similar to the Pasco program. C) Richland has evaluated its options for the conduct of the pilot project and has concluded that its interest would be best served by contracting with Pasco to utilize experienced inspectors for the rental inspection pilot program. The City of Pasco has the ability to provide the inspection services on a short-term basis (90 days), and the Richland grant provides the funding necessary to adequately reimburse the City of Pasco for its expenses in providing the services to Richland. V. DISCUSSION: A) The Richland City Council approved Resolution No. 76-10 at its November 16 meeting, authorizing its City Manager to negotiate and enter into an agreement with Pasco to provide for inspection services. As the intent of the effort is to best utilize existing public resources and that both agencies would be financially whole in the process, staff recommends Council authorize the City Manager to likewise negotiate and enter into the agreement contemplated and desired by Richland, with the understanding that Pasco's costs will be fully covered by the agreement. B) Staff requests Council approval of the proposed resolution. 3(e) RESOLUTION NO, 76-10 A RESOLUTION OF THE CITY OF RICHLAND authorizing the City Manager to negotiate and enter into an employee services agreement with the City of Pasco for inspector services. WHEREAS. Richland maintains an organized inspection program and Pasco maintains an organized inspection program; and WHEREAS, it has been determined by each of the Parties hereto that it would be in the best interests of the citizens of the respective jurisdictions, and of mutual benefit to the delivery of inspection services, if, in some circumstances, the services of one City be extended outside corporate limits of that City into another; and WHEREAS, the Parties desire to enter into an Employee Services agreement, wherein Pasco will provide Inspector services to Richland. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND, WASHINGTON that the City Manager is authorized to negotiate and enter into an employee services agreement with the City of Pasco for inspector services, BE IT FURTHER RESOLVED that this resolution shall take effect immediately. ADOPTED by the City Council of the City of Richland at a regular meeting on the 16th day of November, 2010. (Signatures on following page) JOHN FOX Mayor ATTEST, APPROVED AS TO FORM, DEBRA C. BARHAM, CMC THOMAS O. LAMPSON Chief Deputy City Clerk City Attorney Adopted 11/16/10 1 Resolution No. 7e-lo RESOLUTION NO. 3r;�9 1 A RESOLUTION of the City of Pasco authorizing the City Manager to negotiate and enter into a temporary services agreement with the City of Richland for inspection services. WHEREAS, the cities of Pasco and Richland each maintain an organized inspection program; and NN'HEREAS, each of the two cities has determined that it WOUld be in the best interest of its respective citizens if, in sorne circumstances, the services of one city is provided within the corporate limits of the other city; and WHEREAS, the parties desire to enter into a temporary services agreement, wherein Pasco will provide rental inspection services to the City of Richland; NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to negotiate and enter into a temporary services agreement with the City of Richland for inspection services. Be it further resolved that this resolution shall take effect immediately. PASSED by the City Council of the City of Pasco at its regular meeting, this 6th day of December, 2010, Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT FOR: City Council November 24,2010 L� TO: Gary Crutchfiel ° Manager Workshop Mtg.: 11/22/10 Rick White, Regular Mtg.: 12/06/10 Community& Economic Development Director FROM: Jeffrey B. Adams, Associate City Planner tvi SUBJECT: Boat Basin+' Maxine Terminal Plan (ME#INFO 09-1001 I. REFERENCE(S): 1. Vicinity Map 2, Proposed Resolution including Boat Basin/Marine Terminal Plan as Exhibit #1 (Exhibit #1 in Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at Litn://w�vw.gagco-wa.Lov/citvcouncilrepQrts}. 3. Planning Commission Minutes of 9/16/2010 and 10/21/2010. 11. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 12'06: MOTION: I move to approve Resolution No. :3aCI adopting the Boat Basin/Marine Terminal Plan Ill. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A. In March 2009 the City and the Port entered into an interlocal agreement to share the cost of creating a master plan for the Boat Basin/Marine Terminal area, This agreement established the City as the lead in a planning effort for the area with cost sharing on a 30/70 basis ($15,000 City maximum; $35,000 Port maximum). B. In December of 2009 the planning process began when the City and Port engaged the professional services of Makers Architecture. The Plan has been crafted to identify appropriate land use, provide for adequate infrastructure to the area and promote economic development. It is designed to guide the development of the Marine Terminal area in a manner consistent with the Pasco Comprehensive Plan and the Port's Osprey Pointe Business Park. C. The planning process included information gathering and public outreach, "visioning," identification of advantages and constraints of the site, development of preferred land use and design recommendations. D. Public outreach occurred with stakeholder interviews (City of Pasco public officials and staff, Port of Pasco commissioners and staff, representatives from the Army Corps of Engineers and Cascade Marina in the Boat Basin),and neighborhood meetings in January and March of 2010 at the Port of Pasco. A public workshop meeting was held with the Planning Commission in June, followed by a public hearing in September and a public meeting in October of 2010. The Planning Commission recommended the City Council adopt the Plan. E. The Port of Pasco Commission formally adopted the Boat Basin and Marine Terminal Plan at their regular Commission meeting on Oct. 7,2010. V. DISCUSSION: A. The preferred alternative designates the Marine Terminal site for general commercial (approximately 4 acres), mixed use retail commercial which allows for the possibility of limited, upper floor residential (about 26 acres total), business park (about 16 acres), and open space for parks and along the BNSF rail corridor(nearly 9 acres). B. The Boat Basin neighborhood zoning to the north would remain medium density residential (approximately 16 acres); the Marina would remain industrial (about 3 acres; an open space designation would be added for the park areas and the BNSF Rail corridor (approximately 8 acres). C. The next step would be to adopt the Plan and include it within the City's Comprehensive Plan. This ensures the Plan will be used to guide future legislative and administrative decisions concerning this area 3(f) { I I { Exhibit VI*cln ity Map N 1 "A" Boat Bas i a` ' ILI �4� . NZO VA IL REFERENCE #2 RESOLUTION NO. 3a9a- A RESOLUTION approving a land use plan entitled the Boat Basin/Marine Terminal Plan. WHEREAS, the City of Pasco, as required by the Growth Management Act, is responsible for land use planning within the Pasco Urban Growth Boundary; and, WHEREAS, the City and Port of Pasco have jointly prepared a land use concept plan for the Boat Basin/Marine Terminal area of the community generally located along the Columbia River between South 1O'h Avenue and the west boundary of the Port of Pasco Osprey Pointe development; and, WHEREAS, the Boat Basin/Marine Terminal Plan was prepared with input from the owners of property within the Boat Basin/ Marine Terminal area; and, WHEREAS, the Pasco Planning Commission is the City Council's advisory board on land use matters; and, WHEREAS, following a public hearing on October 21, 2010, the Planning Commission unanimously recommended the Boat Basin/Marine Terminal Plan for City Council approval; and, WHEREAS, the City Council has reviewed the Planning Commission's recommendation for a Boat Basin/Marine Terminal Plan; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That the Boat Basin/Marine Terminal Plan attached hereto as "Exhibit l" is hereby adopted as a land use guide and supplement to the Comprehensive Plan. Passed by the City Council of the City of Pasco this 6th day of December, 2010. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney PLANNING COMMISSION MINUTES 09/ 16/2010 PUBLIC HEARINGS: D. MASTER PLAN Boat Basin/Marine Terminal Master Plan (MF# INFO 09-100111315 S. 4th Avenue) Vice-Chairwoman Kempf read the master file number and asked for comments from staff. Mr. White, Community and Economic Development Director stated the City Council and the Port of Pasco entered into an agreement in 2009 for a Master Planning effort at Boat Basin area and the Tank Farm area also referred to as the Marine Terminal site. The Marine Terminal site has few improvements on it and is undergoing mediation. This planning effort was preceded by an outreach effort for the public; Commissioners Kempf and Hay were part of the Planning Commission team that was a liaison for that cffort which began in January with neighborhood meetings at the Port of Pasco. A follow-up meeting was held in March. The Planning Commission conducted a public workshop in June and the entire planning effort itself was preceded by interviews with key stakeholders. Mr. White reviewed the various elements of the plan for the benefit of the Planning Commission. The plan contains a number of key recommendations; identifies development opportunities and constraints such as the barriers associated with the railroad, the Ainsworth overpass, 10th Avenue, and the height of the levy. Vice-Chairwoman Kempf opened the public hearing. Leonard Dietrich, 4615 Hilltop Drive, stated his family moved to the boat basin area in 1941 and they own 1210 S. Gray Avenue which is zoned industrially and does not think the zoning is appropri��te. The industrial area of the plan on the west side will continue to be cleLmcd up for years to come. The Boat Basin area has been left alone for its er.tirety and when the Ainsworth overpass was built it blocked off their neighborhood even more. He was concerned about the entrance on Gray Avel-�ue. He was willing to work toward making it happen for the east portion of the plan area though it is long range in scope. Dave Freepons, 1207 S. 10�h Avenue, stated he was concerned about the impact of the plan on his property located west of the tracks. He asked if the zoning would be changed. Mr. White stated that zoning is not addressed at this time. The Plan identifies preferred land use alternatives. The zoning would stay the same. -1 - Sean Murrillo 1228 S. 5th Ave, stated he owned a business in the plan area and wanted to know the impact on existing businesses. He further asked when the work would be started, Mr. White stated the starting date would begin after the Plan was adopted and the finishing date was in the far future. The Plan is a long-terra commitment for a future vision which will happen in small steps. Over time a business park area will take place in the areas indicated on the Plan. Any existing business will be allowed to continue under a legal non- conforming use status. Leonard Dietrich further stated the Plan was a vision which could be 20, 30 or 40 years from now and provides a direction for the future. Mr. White stated if the Plan was adopted it would be necessary to incorporate the Plan into the Comprehensive Plan. Once that occurred over time there might be efforts to bring the zoning on the site in conformance writh the Comprehensive Plan and Master Plan designations. Randy Hayden, 904 E. Ainsworth, Port of Pasco Director of Planning & Engineering, stated the Port Commission had spent quite a bit of time reviewing the Plan. Mr. Hayden explained the proposal will be a great fit to the Osprey Point development to the east of the Boat Basin area. The Port had concerns with specific zoning but having some land uses to target and start to create a vision was a valuable tool at this time. Juan Murillo, 1228 S. Sth Avenue, American Wheel Specialist owner, stated his building was old and wanted to known if th,° plan would affect his ability to renovate his building. Mr. White stated the Plan will not affect his ability to renovate; if at some time in the future it becomes a non-conforming use than, it may have some impact for expansion plans. Janice Hampton Case, 1231 S. 2nd Avenue, stated she resin°s on the east side of the railroad tracks and the residents have referred to this as the "sleeping" area of town. She is in favor of the vision and her concern is that it will be at the property owner's expense. Commissioner Neuenschwander aske if an LID has been considered for this development. Mr. White stated no funding has been discussed at this time. Mr. White referred to some of the improvements as shown on page 37. -2 - Muth Green, 1303 S. Gray Street, asked when the Plan will begin so she can save up money. She also stated the dykes around the marina were in disrepair. Mr. White stated that condition is acknowledged and is controlled by the Corps of Engineers. He could not comment on the timing of dyke repairs. Ms. Green stated the dykes were built 50-60 years ago and the water is moving the dirt away from the blocks. She asked if the Corp of Engineers were present and if they were going to have a meeting about that issue. Mr. White stated there was no representative present. Ms. Green stated a public beach is proposed but they might as well forget it if the dykes are not there. She asked if the Corps of Engineers were invited to attend. Mr. White stated the Corp was contacted early in the process and she was welcome to contact the Corps of Engineer to address her concerns. Vice-Chairwoman Kempf closed the hearing and called for a motion. Commissioner Anderson moved, seconded by Commissioner Hay, to close the public hearing and schedule adoption of findings of fact and development of a recommendation to the City Council for the October 21, 2010 meeting. The motion passed unanimously. -3 - PLANNING COMMISSION MINUTES 10/21/2010 OLD BUSINESS: MASTER PLAN Boat Basin/Marine Terminal Master Plan (MF# INFO 09-100) 11315 S. 4th Avenue) Vice-Chairwoman Kempf read the master file number and asked for comments from staff. Mr. White briefly described the Plan for the benefit of the new Planning Commissioners. Commissioner Anderson moved, seconded by Commissioner Hay, the Planning Commission adopt the findings of fact as contained in the October 21, 2010 staff report. The motion passed unanimously. Commissioner Anderson further moved, seconded by Commissioner Hay, the Planning Commission recommend the City Council approve the Boat Basin/Marine Terminal Plan and adopt by reference as part of the City of Pasco Comprehensive Plan. The motion passed unanimously. -1 - AGENDA REPORT NO. 10 FOR: City Council December 1, 2010 TO: Gary Crutchfi anager Ahmad Qayoum , u 1 c Forks Director s a FROM: Jess Greenough, Field Divisions Manager Regular Mtg.: 12/06/10 SUBJECT: Accept Commercial Avenue Phase 4 Sewer Force Main Hillsboro & Capitol Prujcct 910-1-05 1. REFERENCE(S): 1. Resolution It ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 12/06: MOTION: 1 move to approve Resolution No. 3;Y-73- accepting the work performed by Premier Excavation, under contract for the Commercial Avenue Phase 4 Sewer Force Main Hillsboro & Capitol, Prujcct#10-1-05. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: On .July 6, 2010, Council awarded the Commercial Avenue Phase 4 Sewer Force Main Hillsboro & Capitol, Project #10-1-05 to Premier Excavation for $104,869.60 including sales tax, V. DISCUSSION: 'The final project cost was $90,686,36 including sales tax. The contractor proposed some alternative installation measures which resulted in utilizing less labor and materials, therefore reducing the final cost of the project. The work is now complete and staff recommends acceptance of this work. 3(g) RESOLUTION NO. A RESOLUTION ACCEPTING WORK PERFORMED BY PREMIER EXCAVATION UNDER CONTRACT FOR THE COMMERCIAL AVENUE PHASE 4 SEWER FORCE. MAIN HILLSBORO & CAPITOL #10-1-05. WHEREAS, the work performed by PREMIER EXCAVATION, under contract for the Commercial Avenue Phase 4 Sewer Force Main Hillsboro & Capitol, Project #10-1-05 has been examined by the field Divisions and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Field Divisions 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 COLrNCIL OF THE CITY OF PASCO, that the City Council concurs with the Field Divisions recommendation and thereby accepts the work performed by Premier Excavation under contract for the Commercial Avenue Phase 4 Sewer Force Main Hillsboro & Capitol, Project #10-1-05 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. PASSEI) by the City Council of the City of Pasco this 6`" day of`December. 2010. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT FOR: City Council r November 30, 2010 TO: Gary Crutch t r Manager Regular Mtg.: 12/6/10 Rick White, Community & 9conomic Development Directoz f FROM: David I. McDonald, City Planni��r - �.J SUBJECT: ALLEY VACATION (MF# VAC 10-008) The north/south alley in Block 137. Pasco Land Companv's First Addition (City of Pasco) L REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance II. ACTION REQUESTED OF COIJNCIL /STAFF RECOMMENDATIONS: Continue Public Hearing: 1216: MOTION: I move to adopt Ordinance No. , an Ordinance vacating a portion of the north/south alley in Block 137, Pasco Land Company's First Addition and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Over the years, numerous streets and alleys have been vacated in the Pasco Land Company's First Addition and in the adjoining Preys Addition. As a result of these vacations a segment of alley has become land locked in Block 137, Pasco Land Company's First Addition. This alley is now surrounded by private property and is no longer accessible by the public or City maintenance crews. The alley has been fenced and has become more or less a private storage yard. B. On November 15, 2010 the hearing on this matter was continued by the City Council as a result of questions being raised about possible easements. V. DISCUSSION: A. Testimony received at the initial public hearing indicated there was a possibility of one or more utility easements within the alley proposed to be vacated. Easements are generally established when a property owner grants specified use rights (for access, drainage, utilities, etc.) to another party over a portion of the granting owners property. The alley in question has been in existence since 1884. Being a public right-of-way there would be no need to grant an easement for public utilities. If an easement was granted in the alley, it would be highly unusual and would have taken the action of a past City Council. Both the Franklin County PUD and the City Engineering Office confirm there are no easements within the alley in question. However, in further discussions with the adjoining property owner to the east (Bob Gilbert), it was learned that a private sewer line may be located along the eastern edge of the alley. Upon vacation the eastern 10 feet of the alley will attach to Mr. Gilbert's property and the sewer line will be on 7(a) private property, Additionally, there may be a private electrical service line crossing the alley. B. During the initial public hearing some questions were raised about buried tanks within the alley and whether or not a Phase One Environmental Review would be undertaken. Phase One Environmental Reviews are generally required by mortgage institutions prior to providing project financing. The City does not and has not undertaken such reviews for right-of-way vacation. Again, it would be highly unusual for tanks to be located in a public alley. It has only been in recent years that the property on the west has been occupying the alley for storage purposes. C. As a part of the vacation process public and private utility providers are sent a notice of the hearing for the proposed vacation.. When there are utilities within alleys or streets proposed for vacation the utility providers request easements for the benefit of their utilities. In this case the alley contains no public utilities and therefore no utility easements were requested to be retained. D. There is no public purpose for the City to retain the remaining land locked alley right-of-way in Block 137, Pasco Land Company's First Addition. The alley contains no utilities, is inaccessible to the public, connects to no other public right-of-way and cannot be maintained by the Street Division. Vicinity Item: Alley - Pasco Land Co. Blk. 137 Map Applicant: City of Pasco N File #: VAC 10-008 -000� Area to b Vacated JJA t � t Reference #2 WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3`d Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE. VAC;.ATTNf_i THE NORTH/SOUTH ALLEY IN BLOCK 137 PASCO LAND COMPANY'S FIRST ADDITION. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, on October 18, 2010 the City Council approved Resolution No. 3283 setting Novcrnber 15, 2010 as the date to hold a public hearing to consider vacating the land locked alley in Block 137, Pasco Land Company's First Addition ; and WHEREAS, on November 15, 2010 the City Council continued the public hearing on the proposed alley vacation to December 6, 2010; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW,THEREFORE, THE CITY COLTNCTL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the entire remaining unvacated north/south alley in Block 137, Pasco Land Company's First Addition, as depicted in Exhibit"]" be and the same is hereby vacated. Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of tltc Auditor of Franklin County, Washington. Section 3. This ordinance shall take full force and effect five(5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 6th day of December 2010, Matt Watkins Mayor A-(TEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney 1 Exhibit Item• Alley - Pasco Land Co. Blk. 137 6 #1 Applicant: City of Pasco N File # : VAC 10-008 Area ' Vacated uj 0 u - AGENDA REPORT FOR: City Council A,, Regular Meeting: December 6, 2010 TO: Gary Crutchfield, > uiager Rick Terway, Adnun, ommunity Services Direct(r FROM: Dunyele Mason, Financial Services Manager�� SUBJECT: 2011 ANNUAL OPERATING AND CAPITAL PROJECTS BUDGETS I. REFERENCE(S): A) Proposed 2011 Annual Operating Budget Ordinance. B) Proposed 2011 Capital Projects Budget Ordinance. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATION: A. Conduct Public Hearing B. MOTION: I move for the first reading of Ordinance No. for consideration of the 2011 Annual Operating Budget. C. MOTION: I move for the first reading of Ordinance No. for consideration of the 2011 Capital Projects Budget. II1. FISCAL IMPACT: A) $103,777,655 - Annual Operating Budget B) $ 6,892,000 -Net Increase to Capital Projects Authority IV. HISTORY AND FACTS BRIEF: The 2011 Preliminary Budget was discussed at the Council workshop meeting held on November 8, 2010. General Fund Revenues and Expenditures were discussed as well as other operating fund budgets, and each City Department Head gave a briefing and answered questions regarding oversight of their respective operating and capital projects budgets. A copy of the 2011 Preliminary Budget document is available for review at the Pasco Public Library. The document is also available for viewing and printing from the City's internet site at www.j2asco-1Ara.12ov, under "Publications" and then clicking on "Financial Reports" and then clicking on "Budget". V. DISCUSSION: Since the November 8'h workshop meeting, it was discovered that the Personnel Summary for Fire count for Lieutenant and Firefighter positions were listed one count too high. Similarly, in the Ambulance fund the count for Paramedics was listed as one too high. Finally, in Water one position was changed from a Department Asst II to an Engineering Tech 11. These changes have been made, and corrected pages have been disseminated accordingly. No change in budgetary appropriations is necessary. 7(b) ORDINANCE NO. AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE YEAR 2411. WHEREAS, subsequent to due notice and public hearing thereon,the City Council of the City of Pasco has approved an operating budget for the year 2011; NOW,THEREFORE. THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON DO ORDAIN AS FOLLOWS: Section One. The following budget containing the totals set forth for each fund for the year 2011 is hereby adopted. FUND EXPENDITURE REVENUE GENERAL FUND $ 36,216,018 $ 36.216,018 CITY STREET FUND 1,670,460 1,670,460 ARTERIAL STREET FUND 2,350,100 2350,100 1-182 CORRIDOR TRAFFIC IMPACT FUND 1,145,640 1,145,640 STREET OVERLAY FUND 2,278,370 2,278,370 COMMUNITY DEVELOPMENT BLOCK GRANT FUND 1,028,570 1,028,670 M.L. KING JR. COMMUNITY CENTER FUND 146.950 146,950 AMBULANCE SERVICES FUND 2,630,040 2,630,040 CONTINGENCY FUND 172,240 172,240 CITY VIEW CEMETERY FUND 243,800 243,800 ATHLETIC PROGRAM FUND 298,270 298.270 SENIOR CENTER OPERATING FUND 297,570 297,570 MULTI-MODAL FACILITY FUND 89,030 89,030 BI-CENTENIAL FUND 6,430 6,430 RIVERSHORE TRAIL& MARINA MAINTENANCE FUND 21,610 21,610 SPECIAL LODGING ASSESSMENT FUND 265,110 265,110 LITTER ABATEMENT FUND 27,330 27,330 REVOLVING ABATEMENT FUND 390,620 390,620 TRAC DEVELOPMENT&OPERATING FUND 336.650 336,650 PARK DEVELOPMENT FUND 2,376,750 2,376,750 CAPITAL IMPROVEMENTS FUND 4,521,310 4,521,310 INDUSTRIAL DEVELOPMENT& INFRASTRUCTURE FUND 1,032,400 1.032,400 STADIUM/CONVENTION CENTER FUND 264,060 264,060 1999 GENERAL OBLIGATION BOND FIRE/LIBRARY FUND 258,823 258,823 2002 GENERAL OBLIGATION REFUNDING BOND FUND 958,611 958,611 WATER/SEWER UTILITY FUND 26,044,046 26,044,046 EQUIPMENT RENTAL OPERATIONS FUND-GOVERNMENT TYPE 1,055,194 1,055,194 EQUIPMENT RENTAL OPERATIONS FUND-PROPRIETARY TYPE 512,177 512,177 EQUIPMENT RENTAL REPLACEMENT FUND-GOVERNMENT TYPE 3,748,220 3,748,220 EQUIPMENT RENTAL REPLACEMENT FUND-PROPRIETARY TYPE 1,588,824 1,588,824 MEDICAL/DENTAL INSURANCE FUND 5,071,042 5,071,042 CENTRAL STORES FUND 34,530 34,530 CEMETERY TRUST FUND 393,160 393,160 CEMETERY PRE-NEED TRUST FUND 103,980 103,980 BOULEVARD PERPETUAL MAINTENANCE FUND 1,721,294 1,721,294 OLD FIREMEN'S PENSION TRUST FUND 3,097,692 3.097,692 LANDFILL REMEDIATION FUND 401,760 401,760 LOCAL IMPROVEMENT DISTRICT GUARANTY FUND 978,874 978,874 GRAND TOTAL ALL FUNDS $ 103,777,655 $ 103,777,655 Section Two This Ordinance shall be in fulf force and effect cn January 1,2011, PASSED by the City Council of the City of Pasco this 13th day of December,2010. ATTEST. Matt Watkins, Mayor Debbie Clark,City Clerk Approved as to Form: Leland B, Kerr,City Attorney Attachment A 1 ORDINANCE NO. AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE YEAR 2011 WHEREAS,subsequent to due notice and public hearing thereon,the City Council of the City of Pasco has approved the following Capital Projects Budget for the year 2011; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section One. That capital projects are hereby authorized as detailed below. The following schedule summarizes (1)newly authorized projects,(2)previously authorized projects which have had authorization Increased, and(3)previously authorized projects which have had authorization decreased. INCREASE TOTAL PREVIOUS (DECREASE) NEW PROJECT CAPITAL PROJECTS: AUTHORITY AUTHORITY PROJECT AUTHORITY CITY HALL ROOF REPAIR $0 $0 297,000 $297,000 NEIGHBORHOOD PARK(LINDA LOVIISA) 0 0 265,000 265,000 IRRIGATION SYSTEM IMPROVEMENTS 1-182 COORD 0 0 50,000 50,000 PWRF IRRIGATION UPGRADE 0 0 150,000 150,000 2011 MISC SEWER IMPROVEMENTS 0 0 50,000 80,000 2011 MISC SEWER LINE EXTENSIONS 0 0 500.000 500,000 2011 MISC SEWER LINE REPLACEMENTS 0 0 500.000 500,000 2011 MISC STORMWATER IMPROVEMENTS 0 0 55,000 55400 2011 DRYWELL RETROFITS 0 0 50,000 50,000 4TH AVE ENHANCEMENTS-SOUTH 0 0 850,000 850,000 ALLEY HARDSURFACING 0 0 80,000 80,000 2011 OVERLAY&CRACK SEAL 0 0 910,000 910,000 2011 MISC STREET IMPROVEMENTS 0 0 50.000 50,000 2011 MISC WATER LINE IMPROVEMENTS 0 0 150,000 150,000 2011 WASTER DISTRIB LINE EXTENSIONS 0 0 150,000 150,000 2011 WATER FILTRATION PLANT IMPROVE 0 0 100,000 100.000 2011 METER REPLACEICROSS CONNECTION 0 0 150,000 150,000 ROAD 68 IMPROVEMENTS 300,000 300,000 6001000 "A"ST AND SR 12 INTERCHANGE 30,000 10.000 40.000 LEWIS STREET OVERPASS 4.190,000 575,000 4,765,000 WASTE WATER TREATMENT PLANT EXPANSION 330,000 1,650,000 1,980,000 TOTAL $ 4,850400 $ 2,535,000 $ 4,357,000 $ 11,742,000 Section Two. This Ordinance shall be in full force and effect on January 1,2011. PASSED by the City Council of the City of Pasco this 13th day of December,2010, ATTEST: DEBRA CLARK,CITY CLERK MATT WATKINS,MAYOR APPROVED AS TO FORM: LELAND B.KERR,CITY ATTORNEY 83 AGENDA REPORT NO. 33 FOR: City Counci I ., November 12, 2010 id t TO: Gary Crutchfie d, "i imager.1 Alunad Qayou:rr Works Director Workshop Mtg.: 11/22/10 FROM: Michael McShane, City Engineer Regular Mtg.: 12/06/10 SUBJECT: Amendment of 2011-2016 Six-Year Transportation Improvement Plan to include 4th Avenue Corridor 1. REFERENCE(S): 1. Vicinity Maps 11. ACTION REQUESTED OF COTJNCIL/ STAFF RECOMMENDATIONS: 11/22: Discussion 12/06: Conduct Public Ifearing 12/06: MOTION: I move to approve the amendment to include 0' Avenue Corridor to the 2011 Six-Year Transportation Improvement Plan (STIP). III. FISCAL IMPACT: 1V. HISTORY AND FACTS BRIEF: A) 1-ach year, agencies prepare their Six-Year Transportation improvement. Plan 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 notified by the Washington State Department of "Transportation that the Federal Highway Administration allocated an additional $350,000 for the 01 Avenue Corridor, 13) Staff reconimends that 4"' Avenue Corridor Improvements be added to the 2011 Six-Year Transportation Improvement Plan. 4`h Avenue Corridor will improve the roadway and pedestrian facilities from Clark Street to the 1-182 Interchange. Funding will consist of$350,000 from federal enhancement dollars and $900,000 from the City's arterial street fund. C) The north portion of the 4`h Avenue Corridor improvements was originally scheduled for construCion in 2010. The project was delayed in order to combine -with the south portion of 4`h Avenue to maximize the cnhanceinent grant possibilities to the City. As a result, this project ranked 41. in Franklin County. 7(c) �` � ',1 �� 1 .� + + r.t _ e.� jlt la�-�.��� -) � I =C r �Ni t kiyc_� ! �•:e�. _ � � 1 _ ice"�R� { 1 - '` i _ Tom _ `il D1�'���.f1r `� r ��•' • a ���r 1 � 1 �x a=� s �"�� ¢�� � 1. '� ,�. �y, r �• � �� .t �• �1� -, , '�a.. .rte;',b=,'•L;� • _ '..{� I. • i• f N. AVM .�' �..1 : -' trt -i n �•a 1�Y�, - '�'� ._fir + .'� �'1 ` !•— 11 ' 7 ' °' „ ^I } r :i >•. 1 Q I . jil J lk - p �;� , e• •r "r � �' w ' `i''-� ;,.s^•. may. I� r�ja� �I �'-`—` �+ '� {1�.�1 ' "� �'`. tlr �• .! Z �� p= -• /1 /' Nis-.l Of low It go ")� . '" �.. ..� �' `_ '���i�� � t� .dam�,`� � 1�.� '... tj ii : • L� i � l` -�" s� 1 yr. * ', ,�'�' ✓a �' 1Yt 1, �r N' } .M1 f .:, h' . r ♦I l .j �r '* - I ' l d�v.•�� •,�1 i �. �1 3 }J'• .c• �v,�1 it=_�i q A�„� r �f�� ? "�,�' I-sr .Sr's C,q •L• � f� •a `1► (�y 1 It ��. [{'�; �I r 114 i�•�t .. � lit .. 't. J� --�Q - 1 _ Ilr -•� t i1'�"' � ""•' i IZ"7M '' R .�.••f• r* �.te:. �•. I2 I iad. �` ^'� - ��i - }—_ �I � - _ '- r .� _ 1 � � f �..•� -- A •r�i•�.,.. 1� `� �� ors-•.. 1 _ ----{_ ,�e�L1,1F�i• �y�.� �"r i� �r r lyl• .�� � 1' �� �' a 5 1 i.f ns`-' ��{R •'� �I�- {1'[�� It - i„ �i 14. yti;� - ,� =,Z`i ��•^•- f'*,i' s \� �' nl • � ! '}•'�'�],1,� - ....;��r t ::' ..; R: �� ,. � ; O •��II � � y ter � ,-_,• � Nt- 71 71i 'll CP Z-1 71- �� J M1p' y 1 h • � --Ph 3fll Ate— f- ;�. C s ti.,, � _ . - � � r✓.�� s - 111 �,..,y�• +. - � ♦ !fit++ ��=1� '� � � �--.• ' �,�� f - - ^,I.� .M,= � ' •+ j -� , � r'. III I AGENDA REPORT FOR: City Council `'` November 30, 2010 A TO: Gary CrutJ1 i Manager Regular Mtg.: 12/6/10 Rick White, Community & Monomic Development Director/�T— FROM; David I. McDonald, City Planner SUBJECT: STREET VACATION (MF9 VAC; 10-006) A portion of Holden Street and Front Avenue (Oxarc) 1. REFERENCE(S); 1. Vicinity Map 2. Proposed Ordinance 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/6: MOTION: I move to adopt Ordinance No. 3978, an Ordinance vacating a portion of Holden Street and Front Avenue and, further, to authorize publication by stunmary only. 111. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A. The two property owners adjoining the western end of Holden Street submitted a petition to vacate all of Holden Street lying; west of Main Avenue and the entire unvacated portion of Front Avenue at the western end of Holden Street. B. On November 15, 2010 the ordinance was tabled by the City Council until December 6, 2010 to allow for modification of the proposed ordinance regarding stormwater drainage from the vacated portion of Holden Street. V. DISCUSSION: A. A majority of past street vacations in Pasco have involved unimproved right-of- way or excess right-of-way along the margins of fully improved streets. In this case Holden Street is fully developed. The street cannot simply be vacated and fenced. If Holden Street is vacated the existing street improvements will need to be modified to ensure the street will no longer appear as a public street. The petitioners have completed cost estimates for the necessary street modifications and are now prepared to move forward with the proposed vacation. B. Street modifications will include removing and replacing; curb and gutter to realign the intersection of Holden Street and Main Avenue, disconnecting and/or relocating stormwater catch basins, street pavement and relocating a driveway. The stormwater catch basins remaining; on the vacated portion of Holden Street will be capped and stormwater will be controlled through a private system. C. The proposed street vacation has been reviewed by the City Engineering Department and utility providers. There are several utility lines within the area proposed for vacation. An easement is needed for the benefit of the utilities. 8(a) Vicinity Item: Street Vacation - Ptn. of Holden Map File • App 11 c ant: Oxarc #: VAC 10-006 T. ' A ` _ Area to be a oIW Vacated � - CD A IT Reference #2 WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3" Pasco, WA 99301 ORDINANCE NO. 3978 AN ORDINANCE VACATING A PORTION OF HOLDEN STREET AND FRONT AVENUE. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, on November 15, 2010 the City Council tabled action on Ordinance 3978 to December h, 2010; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That all of Holden Street lying westerly of the west right-of-way line of Main Avenue and all of unvacated Front Avenue adjacent to Blocks 97 and 98, Pasco Land Company's First Addition, as depicted in Exhibit "1" be and the same are hereby vacated subject to the conditions identified in Section 2 in consideration of the City's waiver of its right of compensation as provided in RCW 35.79.030 and subject to the easement retained in Section 3 hereof. Section 2. That the petitioners shall comply with the following requirements: A. The petitioners, at no cost to the public, shall close Holden Street west of the west right-of-way line of Main Avenue by installing curb and gutter across Holden Street; B. Plans for said curb and gutter shall be designed by a professional engineer and approved for construction by the City Engineer; C. All pavement and road bed damaged by the construction of the new curb and gutter as-well-as all areas between the existing undamaged roadway and the new curb and gutter shall be rebuilt and paved meeting the Standard Specification of the City of Pasco and as approved by the City Engineer; 1 D. The petitioners, at no cost to the public, shall modify/relocate stormwater catch basins and stormwater piping impacted by the redesign of the Holden Street/Main Avenue intersection and install additional curb and gutter; E. The petitioners, at no cost to the public, shall disconnect the existing stormwater catch basins in vacated Holden Street from the public drainage system and shall install a private stormwater system; F. flans for said stormwater modifications shall be designed by a professional engineer and approved for construction by the City Engineer; G. The petitioners shall be solely responsible for the relocation and reconstruction of the Oxarc driveway impacted by the street vacation; 11. The street vacation described in Section I above shall be null and void if the requirements listed in Section 2 herein are not completed by October 31, 2011. Section 3. That the City shall retain an easement and the right to exercise or grant easements with respect to the vacated right-aft-way described in Section 1 above for the construction, repair and maintenance of public utilities and services. Section 4. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 5. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 6th day of December 2010, Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney 2 Exhibit Item Vacation - Holden St/Front Ave #1 Applicant: Oxarc N File #: VAC 10-006 Area � Vacated "Ag' ST � �J AGENDA REPORT NO. I 1 FOR; City Council ,-I December 1, 2010 I TO: Gary Crutch! Manager Ahmad Qayour L, P lic Works Director FROM: Jess Greenough, Field Divisions Manager Regular Mtg.; 12!06/10 SUBJECT; Award Commercial Avenue Phase 31) - Boring, SR 395 & Foster Wells Road, Project No. 10-2-01 1, REFERENCE(S): 1, Bid Summary Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/06: MOTION: 1 move to award the low bid for Commercial Avenue Phase 3D - Boring, SR 395 & Foster Wells Road, Project 410-2-01 to Armadillo Underground, Inc. in the amount of $210,950.00, plus applicable sales tax, and further, authorize the Mayor to sign the contract documents, Ill. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: A) This project is for the labor portion to perform the bore and install the casing, pipe, spacers and appurtenances for the Commercial Avenue Phase 3D - Boring, SR 395 & Foster Wells Road project. V. DISCUSSION: A) On December 1, 2010 staff received five (5) bids for Commercial Avenue Phase 3D - Boring, SR 395 & Foster Wells Road, Project 910-2-01, The low bid was received from Armadillo Underground, Inc, in the amount of $210,950.00, plus applicable sales tax. The second bid received was in the amount of$219,205.00, plus applicable sales tax. The Engineer's Estimate fbr the project is $189,075.00, plus applicable sales tax, Staff recommends award of this contract to Armadillo Underground, Inc. 10(a) City of Pasco Commercial Avenue Phase 3D Boring SR 395 & Foster Wells Road Project No. 10-2-01 December 1, 2010 BID SUMMARY Total Engineer's Estimate $189,075.00 1 . Armadillo Underground, Inc. $210,950.00 2. Gonzales Boring & Tunneling, Inc. $219,205.00 3. Ray Poland & Sons, Inc. $235,661 .00 4. Stadeli Boring & Tunneling, Inc. $249,225.00 5. Fowler General Construction, Inc. $282,650.00 COMMERCIAL AVENUE PHASE 3D - BORING FOSTER WELLS ROAD & STATE ROUTE 395 10-2-01 FOSTER - _ � a PROJECT 7a� AREA f F 1 LLS oRO ST ANG 'I R i 7 l a IvE T.TT 1-1 Z JAMES 7 I \ $ o T w T N � LER S 5 �rz 39j VICINITY MAP AGENDA REPORT 1 T'O: City Council November 19, 2010 FROM: Gary Crutchfe anager Workshop Mtg.: 11/22/10 Regular Mtg.: 12/6/10 SUBJECT: Federal Legislative Consulting Agreement 1. REFERENCE(S)- 1. Proposed Agreement II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 11/22: Discussion 12/6: :MOTION: 1 move to approve the agreement with Gordon Thomas Honeywell Governmental Affairs for federal legislative consultant services and. further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: $60:000 annually IV. HISTORY AND FACTS BRIEF: A) The city has contracted with the consulting firm of Gordon Thomas Honeywell (GTH) for legislative assistance at the state level for several years. In early 2009, the city entered into a separate agreement with the Washington DC division of GTH to provide for legislative consulting services specifically geared to federal funding for the Lewis Street Overpass Project. B) The agreement with the Washington DC office will expire on 12/31/10 and a new agreement is needed to sustain the consulting effort on the city's behalf in Washington DC. V. DISCUSSION: A) The proposed agreement is identical to the 2009 and 2010 agreements, except for the dates. The scope of work, as identified in the attachment to the agreement, still focuses on funding for construction of the Lewis Street Overpass project. 13) The expense of the contract remains at $5,000 monthly ($60,000 annually). The assistance of the consultant was beneficial in 2009 through Representative Hastings' effort to obtain a $750,000 allocation for the project in the 2010 federal budget and working with other legislative offices to assure the best opportunity to have Pasco's project included in the new highway funding bill expected sometime within the next 18 months. c) In view of the substantial financial benefit for this particular project, staff recommends the agreement continue for another year. 1a(b) CONSULTING AGREEMENT GORDON THOMAS HONEYWELL & CITY OF PASCO This Agreement is entered into by and between City of Pasco and any other party hereto, as is identified in the consultant's signature block below (hereinafter referred to as "Consultant"), upon the following terms and conditions: A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein, and Consultant will do and produce such other things as are set forth in the Scope of Fork (the "Services"). Consultant's Services will be in compliance with applicable laws, regulations, rules, orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such documents as may be required to effect or evidence such compliance. B. Compensation; Expenses. The City of Pasco will pay Consultant for satisfactorily rendered Services in accordance with the specific terms set forth in Attachment "A." C. Invoices; Payment. Consultant will furnish the City of Pasco invoices at regular intervals, as set forth in Attachment"A." D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in Attachment "A" and shall terminate same on the date set forth in Attachment "A." The City or Consultant may terminate Consultant services for convenience at any time prior to the termination date set forth in Attachment "A," provided that the terminating party provides 30-days written notice to the other party. E. Ownership of Work Product. The product of all work performed under this agreement, including reports, and other related materials shall be the property of the City of Pasco or its nominees, and the City of Pasco or its nominees shall have the sole right to use, sell, license, publish or otherwise disseminate or transfer rights in such work product. G. Independent Contractor. Consultant is an independent contractor and nothing contained herein shall be deemed to make Consultant an employee of the City of Pasco, or to empower Consultant to bind or obligate the City of Pasco in any way. Consultant is solely responsible for paying all of Consultant's own tax obligations, as well as those due for any employee/subcontractor permitted to work for Consultant hereunder. H. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify and hold harmless the City of Pasco from and against all claims, liabilities, damages and costs arising directly or indirectly out of, or related to, Consultant's fault, negligence, strict liability or produce liability of Consultant, and/or that of any permitted employee or subcontract or Consultant, pertaining to the Services hereunder. 1. Assignment. Consultant's rights and obligations hereunder shall not be assigned or transferred without the City of Pasco's prior written consent; subject thereto, this Agreement shall be binding upon and inure to the benefit of the parties' heirs and successors. J. Governing Law; Severability. This Agreement shall be governed by the laws of the State of Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of this Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction hereover (excluding arbitrators), such term or provision shall not affect the validity or enforceability of any remaining terms or provisions of this Agreement, and the court shall, so far as possible, construe the invalid portion to implement the original intent thereof. K. Arbitration. Any dispute between the parties related to or arising out of the subject matter of this Agreement shall be resolved exclusively through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in Washington State. L. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state the entire agreement between the parties regarding the subject matter hereof and supersede any prior agreements or understandings pertaining thereto, Any modification to this Agreement must be made in writing and signed by authorized representatives of both parties, Any provision hereof which may be reasonably deemed to survive the expiration or termination of this Agreement shall so survive, and remain in continuing, effect, No delay or failure in exercising any right hereunder shall be deemed to constitute a waiver of any right granted hereunder or at law by either party. CONSULTANT: CITY OF PASCO Gordon Thomas Honeywell Governmental Affairs Sign: Sign: Print: Dale Learn Print: Gary Crutchfield Title: Vice President Title: City Manager Date: Date: Consulting Agreement for federal Grants re: Lewis Street Overpass Cordon Thomas Honeywell & City of Pasco Page 2 of 3 ATTACHMENT "A" TO CONSULTING AGREEMENT GORDON THOMAS HONEYWELL & CITY OF PASCO A. Scope of Work: Consultant shall provide the City of Pasco with the following federal governmental affair services: • Identify and track all federal grants that are available to the City of Pasco for funding the Lewis Street Overpass. • Lobby the 1A'ashington State Congressional delegation and others as necessary to pursue a congressionally directed transportation funding request in the FY2012 Congressional Budget andlor in the anticipated highway reauthorization bill for a road project related to the Lewis Street Overpass, • Lobby the Washington State Congressional delegation and others as necessary to assure inclusion within the Highway Reauthorization Bill authorization and funding for a "bridge replacement program" or similar funding program for which the Lewis Street Overpass Project would qualify, • Organize meetings for City. ol' Pasco officials, local community leaders and business leaders to support the congressional transportation request. • Provide the City of Pasco with periodic reports and updates on effort, status and progress. B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of$5,000 for the services listed above, Consultant shall only bill communication expenses. The expenses shall not exceed $2,500 for the term of the contract. C. Invoices/Payments: (a) Consultant shall furnish the City of Pasco with invoices for services performed on a monthly basis, and (b) the City of Pasco shall pay each of Consultant's invoices within thirty (30) days after the City's receipt and verification of invoice. D. Term of Agreement: Consultant's services shall commence on January 1, 2011 and shall terminate on December 31, 2011, Consulting Agreement for Federal Grants re: Lewis Street Overpass Gordon Thomas Honeywell & City of Pasco Page 3 of 3