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HomeMy WebLinkAbout2010.04.19 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. April 19,2010 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 maybe 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 April 5,2010. (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$2,404,287.77 ($12,761.46 in the form of Wire Transfer No. 5453, and $2,391,526.31 consisting of Claim Warrants numbered 176430 through 176662). 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$178,902.07 and, of that amount, authorize $116,160.37 be turned over for collection. (c) Appointments to Planning Commission: (NO WRITTEN MATERIAL ON AGENDA) To reappoint Todd Samuel to Position No. 1 and James Hay to Position No. 2 (both with the expiration date of 2/2/2016); to appoint Kurt Lukins to Position No. 6 (expiration date 2/2/2013) and Jan Neuenschwander to Position No. 7 (expiration date 2/2/2014) to the Planning Commission, '(d) Resolution No. 3231, a Resolution accepting work performed by Premier Excavation under contract for the Commercial Avenue Water and Sewer Pipelines,Project No. 10-2-01. 1. Agenda Report from Jess Greenough,Field Division Manager dated April 12, 2010. 2. Resolution. To approve Resolution No. 3231, accepting the work performed by Premier Excavation under contract for the Commercial Avenue Water and Sewer Pipelines,Project No. 10-2-01. (RC) MOTIO_ - I rmovc to approve ihr Cons= Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) S. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through March 2010, (c) Regular Meeting 2 April 19, 20 10 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Q*(a) Street Vacation (MF #VAC10-003) Vacating a portion of Ruby Street adjacent to Parcel #113-394-202 (La Clinica). 1. Agenda Report from David 1.McDonald,City Planner dated April 14, 2010. 2. Vicinity Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No._, an Ordinance vacating a portion of Ruby Street. M011 ON: 1 move to adopt.Ordinance . vacaring a portion of the Ruby Street right-of-way dedicated under Auditor's File No. 373 05 and, further, to authorize publication by summary only. &. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco, amending Pasco Municipal Code Section 3.07.150 and Section 13.16.035 regarding "Utility Deposits" or Advance Billing Requirements for Utility Accounts. 1. Agenda Report from Stan Strebel, Deputy City Manager dated April 5, 2010. 2. Proposed Ordinance. 3. Existing Language on Advance Minimum Payment. 4. Utility Deposits Comparison Chart. MOTION: I TriuYv to aclr:,p1 Onlirtarice NcP_ amending the Pasco iblunicipai Code re�ard]jic del sits for Utility Accounts and fuitlter,to authorize publication only. (b) Resolution No. , a Resolution creating a Police Investigation Cash Fund for the Pasco Police Department not to exceed $1,000.00 to be administered by the Chief of Police (or designee)and setting forth the procedure to be followed in administering said fund. 1. Agenda Report from Stan Strebel,Deputy City Manager dated April 5, 2010. 2. Proposed Resolution, MOTION. I movc to approve Rc;solwion Flo. , c=, Zing a Polict: Invc:stigalivn Cash Fund. (c) Resolution No. , a Resolution establishing primary coals of the City of Pasco for the ensuing calendar years 2010-2011. 1. Agenda Report from Gary Cnttehfield,City Manager dated April g, 2010. 2. Proposed Resolution. MOTION. I trove to approve Resolution No. establishing prim } goals for the city for calendar years 2010-2011 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Utility Easements-Fifties 1,LLC: L Agenda Report from Robert J. Alberts,Public Works Director dated April 5, 2010. 2. Vicinity Map. 3. Utility Easements. MOTION- T rnovc, to accept the Utility Easements from Fifties 1. 1_LC for the installation of f iWre sewer utilities and, fi`grther, authorize the City ManagoT to c:xuuute the documents_ (b) Water Follies Agreement: 1. Agenda Report from Rick Terway, Administrative & Conununity Serkices Director dated April 7, 2010. 2. Agreement for Operation of Water Follies Event(2010-2012). MOTION. 1 move to approve a. 1l1r1X-y r agreement with the 'T'r -Cities Water Trollies Associal'ans for ihc: Water Follies ev4-M and, further, authorize thy: City Manager to sign the agreement. *(c) Commercial Avenue Phase 3-Boring SR 395 and Foster'Wells Road,Project No. 10-2-01: 1. Agenda Report from Jess Greenough, Field Division Manager dated April 12, 2010. 2. Vicinity Map. 3. Bid Summary. MOTION: l move to reject the Lids received For Cc}=erci-d Avenue Phase 3 - Boring S€1 M5 and Foster Wells Road, F}mjc c:t No, 10-2-01 and. further,authorize staff to rebid the projcc;t_ Regular Meeting 3 April 19, 2010 *(d) LID#146—Kurtzman Park Street Improvements,Project No. 09-3-07: 1. Agcnda Report from Michael McShane, City Engineer dated April 14, 2010. 2. Vicinity Map, 3. Bid Summary. I RC) MOTION: i move to award the low bid for the 1.ID#146—Kumman Park Street Improvements. Project No- 09-3-07 to Premier Fxc7vvation, Inc., in the amount Df 511,399.79, including applicable sales tax and, further, authorize the Mayer Pro-Tem to sign the contract documents.. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...," Q Quasi-Judicial Matter REMINDERS: 1. 9:00 a.m., Saturday, April 17, Highlands Grange Park, Kennewick — 2010 Arbor Day Award Presentation. (COUNCILMEMBER REBECCA FRANCIK) 2. 11:30 a.m., Saturday, April 17, McNary Wildlife Refuge and Saeajawea State Park—Confluence Project. (COUNCILMEMBER REBECCA FRANCIK) 3. 5:30 p.m., Wednesday, April 21, Clover Island Inn — Benton, Franklin & Walla Wall Counties Good Roads & Transportation Association Board Meeting, (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 4. 7:30 a.m., Thursday, April 22, 7130 W. Grandridge Blvd — Tri-Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 5. 1:30 p.m., Thursday, April 22, 2926 E. Ainsworth — Port of Pasco Ribbon Cutting Event at the new Parson's Technology Development and Fabrication Complex. (ALL COUNCILMEMBERS INVITED TO ATTEND) 6. 4:00 p.m., Thursday, April 227 7130 W, Grandridge .Blvd — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN,Alt.) 7. 6:00 p.m., Thursday, April 22, Senior Center—City of Pasco Volunteer Reception. (MAYOR PRO-TEM MATT WATKINS) (ALL COUNCLLMEMBERS INVITED TO ATTEND) MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 5, 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, Michael Garrison, Robert Hoffmann, Tom Larsen, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Bob Alberts, Public Works Director; Michael McShane, City Engineer; Denis Austin, Police Chief and Bob Gear,Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated March 15, 2010. (b) Bills and Communications: To approve General Claims in the amount of$3,882,853.84 ($195,666.50 in the form of Wire Transfer Nos. 5434, 5437, 5442 and 5445; $78,764.21 in the form of Electronic Fund Transfer No, 1014; and $3,608,423.13 consisting of Claim Warrants numbered 176121 through 176429). To approve Payroll Claims in the amount of$1,812,001.90, Voucher Nos. 40813 through 40881; and EFT Deposit Nos, 30036273 through 30036816. (c) Appointments to Code Enforcement Board: To appoint Donald Cooper to Position No. 3, and to reappoint Dennis Duncan to Position No. 4 and Mary Gutierrez to Position No. 5 (all with the expiration date of 1/112012) to the Code Enforcement Board. (d) Final Plat (MF# FP10-004) Linda Loviisa Division 2, Phase 1 (Aho Construction): To approve the Final Plat for Linda Loviisa Division 2, Phase 1. (e) Resolution No. 3223, a Resolution fixing the time and date for a public hearing to consider the vacation of Road 86. To approve Resolution No. 3223, setting 7:00 p.m., Monday, May 3, 2010 as the time and date to conduct a public hearing to consider vacating Road 86. (f) Resolution No. 3224, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Road 32 and a portion of Nixon Street. To approve Resolution No. 3224, setting 7:00 p.m., Monday, May 3, 2010, as the time and date to conduct a public hearing to consider vacating a portion of Road 32 and a portion of Nixon Street. MOTION; Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unaniinous Roll Call vote. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 5, 2410 VISITORS - OTHER THAN AGENDA I'T'EMS: Mayor Watkins acknowledged Boy Scouts in the audience. Mr. Mac Miller addressed Council regarding a rock in Volunteer Park, REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Hoffmann participated in the"Mayors for Meals" program, Mr. Garrison and Mr. Yenney attended the 46`h Annual TRIDEC meeting and the Council Retreat. Mr. Larsen attended the Emergency Medical Service Board meeting, the 46`h Annual TRIDEC meeting and the Council Retreat. Mayor Watkins noted all Councilmeinbers attended the Council Retreat and he recently presented a Proclamation at Lourdes West Pasco in honor of National Doctor's Day. Mr. Crutchfield noted a draft resolution listing 2010-2011 Council Goals, resulting from Council Retreat, is being prepared for Council review at the next workshop meeting. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING-THERETO: Alley Vacation (MF #VAC10-001) a portion of the east/west alley in Block 4 Steffin's Amended Addition (Miguel Serrano). Mr. White explained the details of the proposed vacation. Mr. Kerr explained the details of the Quasi-Judicial process. MAYOR WATKINS DECLARED THE PUBLIC IIEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST,AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3956, an Ordinance vacating a portion of the east/west alley in Block 4 Steffin's Amended Addition. MOTION: Ms. Franeik moved to adopt Ordinance No. 3956, vacating a portion of the east/west alley in Block 4, Steffin's Amended Addition and, further, authorize publication by summary only. Mr. Garrison seconded, Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Resolution No. 3225, a Resolution establishing recreation facility rental fees. Council and staff discussed the proposed fees. MOTION: Mr. Hoffmann moved add a new youth rate of$1.50 for children under 12 years of age for Memorial Pool. Mr. Larsen seconded. Discussion, Motion failed 24: No —Watkins, Francik, Gan-ison, Yenney. MOTION: Ms Francik moved to approve Resolution No. 3225, setting recreational facility fees, to include aquatic use and rental fees. Mr. Garrison seconded. Motion carried 4-2. No --Hoffmann, Larsen. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 5, 2010 Resolution No. 3226, a Resolution authorizing the sale of forfeiture/unclaimed asset property surplus to City needs. MOTION: Ms. Francik moved to approve Resolution No. 3226, authorizing the sale of scized;asset forfeiture property considered surplus to City needs. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3227, a Resolution accepting the Planning Commission's recommendation and denying a Special Permit for the location of a Caretaker Residence at 505 S. 26th Avenue. MOTION: Mr. Yenney moved to schedule a closed record hearing on May 3,d to review the planning commission record. Mr. Larsen seconded. Motion earned unanimously. Resolution No. 3228, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of a church. MOTION: Nis. Francik moved to approve Resolution No. 3228, approving a Special Permit for a church at 7505 W. Court Street, Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3229, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of an elementary school. MOTION: Ms. Francik moved to approve Resolution No. 3229, approving a Special Permit for an Elementary School at the northwest corner of Sandifur Parkway and Road 60. Mr. Garrison seconded, Motion carried unanimously. Resolution No. 3230, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a gravel mine. MOTION: Ms. Francik moved to approve Resolution No. 3230, approving the Special Permit for the location and operation of a gravel mine in an R-T Zone. Mr. Garrison seconded. Motion carried 5-1. No— Larsen. NEW BUSINESS: Road 68 Improvements, Project No. 10-3-02: Council and staff discussed the improvements. MOTION: Ms. Francik moved to award the low bid for the Road 68 Improvements, Project No. 10-3-02 to Granite Northwest, Inc., in the amount of$310,292.30 and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded. Motion carried by the following Roll Call vote. Yes— Watkins, Yenney, Francik, Garrison, Larsen. No—Hoffmann. MISCELLANEOUS DISCUSSION: Mayor Watkins noted before her departure Mayor Olson asked Franklin County to reconsider impact fees in Urban Growth Area. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:04 p.m. for approximately 20 minutes to discuss collective bargaining strategy and proposals with the City Manager, City Attorney and Chief of Police. Mayor Watkins called the meeting back to order at 8:23 p,m. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 5, 2010 ADJOURNMENT: There being no further business, the meeting was adjourned at 8;23 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 19"' day of April, 2010. 4 CITY OF PASCO Council Meeting of: April 19, 2_010 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 services r ere, or performed as described herein and that the claim is a just, due and unpaid obligati ag inst a city and hat we are authorized to aut7�e crtify to said claim. Gary C tchfield, Mana er Rtck Terway Director Administrative& Commun Services We,the undersigned City Counciimembers 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. 5453 in the amount of$12,761.46, has been authorized;that Check No,s 176430 through 176662 are approved for payment In the amount of$2,391,526.31,for a combined total of$2,404,287.77 on this 19th day of April, 2010. Councilmember SUMMARY OF CLAIMSMIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 4,207.39 Judicial 19,533.56 Executive 2,039.59 Police 233,185.17 Fire 19,354.10 Administration & Community Services 46,766.45 Community Development 1,047.83 Engineering 1,361.61 Non-Departmental 70,953.01 Library 517.43 TOTAL GENERAL FUND: 398,966.14 STREET 12,456.96 C. D. BLOCK GRANT 5.96 KING COMMUNITY CENTER 377.34 AMBULANCE SERVICE 7,589.50 CEMETERY 6,306.68 ATHLETIC PROGRAMS 610.99 SENIOR CENTER 966.18 MULTI MODAL FACILITY 90.97 RIVERSHORE TRAIL& MARINA MAIN 145.52 LITTER CONTROL 0.00 REVOLVING ABATEMENT 62.00 PARKS FUND 0.00 TRAC DEVEL&OPERATING 10,125.41 STADIUMICONVENTION CENTER 41.61 SPECIAL ASSESSMNT LODGING 0.00 GENERAL CONSTRUCTION 447,479.13 WATERISE W ER 638,812.05 EQUIPMENT RENTAL- OPERATING 33,66129 EQUIPMENT RENTAL- REPLACEMENT 38,974.85 MEDICAL/DENTAL INSURANCE 12,761.46 CENTRAL STORES 332.91 PUBLIC FACILITIES DIST 34.22 PAYROLL CLEARING 49,469.62 LID CONSTRUCTION 742,992.98 . TRI CITY ANIMAL CONTROL 2,025.00 GRAND TOTAL ALL FUNDS: $ 2,404,287.77 3(b).1 AGENDA REPORT FOR: City Council DATE: April 14,2010 TO: Gary C:rutchfiel kinfitive ger REGULAR: April 19,2010 Rick Terway,A &Conununity Services Director FROM: Stephanie Brock, Accounting Supervisor L SUBJECT: BAD DEBT WRITE-OFF'S/COLLECTI ON. 1. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. H. r1t:'TIQ__NLEC71,TJ SIED OF CQCTNM/_5TAETRECOMMEND.&IJONS: 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 $178,902.07 and, of that amount, authorize$116,160.37 be turned over for collection, Ill. HISTORY AND FACTS BRIEF: 1, UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00, Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. 0I1R r ACC O iTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4, CODE ENFOKCEW_'NT — LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5, CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for col lection exceed $10.00, 7. Iv11L1._ NEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ 2.64 3,897,33 3,899.97 Ambulance $ 62,639.06 11,801,24 74,440.30 Court A/R $ AO 97,587.00 97,587.00 Code Enforcement $ 100.00 1,748,00 1,848.00 Cemetery S .00 .00 .00 General S .00 1,126.80 1,126.80 Miscellaneous S 00 .00 .00 TOTAL: $ 62,741.70 116 1160.37 178,902.07 IV. ADMINISTRATIVE R.OUTI.NG: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT NO. 02 FOR City Council April 12, 2010 TO: Gary Crutchfield, anager Robert J. Alberts P is Works Director FROM: Jess Greenough, Field Divisions Manager Regular Mtg.: 04/19/10 SUBJECT: Accept Commercial Avenue Water and Sewer Pipelines, Project #10-2-01 I. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 04/19: MOTION: T move to approve Resolution Na�— accepting the work performed by Premier Excavation, under contract for the Commercial Avenue Water and Sewer Pipelines, Project #10-2- 01. III. FISCAL IMPACT- Water/Sewer Fund IV. HISTORY AND FACTS BRIEF: A) On November 02, 2009, Council awarded the Commercial Avenue Water and Sewer Pipelines, Proj ect#10-2-01 to Premier Excavation for$456,618.00. V. DISCUSSION: A) The final project cost was $447,152.78. The work is now complete and staff recommends acceptance of this work. 3(d) RESOLUTION NO. ' A RESOLUTION ACCEPTING WORK PERFORMED BY PREMIER EXCAVATION UNDER CONTRACT FOR THE COMMERCIAL AVENUE WATER AND SEWER PIPELINES, PROJECT#10-2-01. WHEREAS, the work performed by PREMIER EXCAVATION, under contract for the Commercial Avenue Water and Sewer Pipelines, Project #10-2-01 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 COUNCIL 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 Water and Sewer Pipelines, 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 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 19th day of April, 2010. Matt Watkins Mayor Pro-Tern ATTEST: APPROVED AS TO FORM: Debra L.Clark Leland B. Kerr City Clerk City Attorney GENERAL FUND OPERATING STATEMENT THROUGH MARCH 2010 CASH BASIS YfD % OF YTD TOTAL % OF 2010 2010 ANNUAL 2009 2009 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES; TAXES: PROPERTY 262,752 5,850,000 4.5% 99,394 5,746,238 1.7% SALES 1,914,587 7,700,000 24.9% 1,712,792 7,919,461 21.6% UTILITY 2,302,163 7,615,000 30.2% 2,192,253 7,802,704 28.1% OTHER 454,462 1,015,000 44.8% 234,713 994,046 23.6% LICENSES& PERMITS 768,627 1,020,200 75.3% 490,486 1,586,917 3019% INTERGOV'T REVENUE 144,386 1,710,017 8.4% 252,371 1,841,103 13.7% CHARGES FOR SERVICES 614,319 2,807,220 21.9% 605,022 2,559,213 23.6% FINES & FORFEITS 146,907 927,700 15.8% 205,643 1,012,084 20.3% MISC. REVENUE 144,263 733,700 197% 173,843 831,708 20.9% OTHER FIN. SOURCES 7,500 94,000 8.0% 7,500 281,602 2.7% TOTAL REVENUES 6,759,966 29,472,837 22.9% 5,974,017 30,575,076 19.5% BEGINNING CASH BALANCE 5,489,910 6,000,000 7,008,990 7,008,990 TOTAL SOURCES 12,249,876 35,472,837 34.5% 12,983,007 37,584,066 34.5% EXPENDITURES; CITY COUNCIL 30,075 116,525 25.8% 30,366 113,372 26,8% MUNICIPAL COURT 270,844 1,240,853 21.8% 281,773 1,271,360 22,2% CITY MANAGER 203,106 889,415 22.8% 188,630 846,087 22,3% POLICE 2,312,598 10,763,443 21.5% 2,516,972 11,113,466 22.6% FIRE 940,706 4,174,624 22.5% 992,023 4,183,650 237% ADMIN &COMMUNITY SVCS 1,135,537 5,315,423 21.4% 1,144,779 5,359,879 21.4% COMMUNITY DEVELOPMENT 269,927 1,035,931 26.1% 299,642 1,144,900 26,2% ENGINEERING 251,101 1,136,332 22.1% 319,360 1,247,386 25,6% MISC. NON-DEPARTMENT 1,155,663 4,197,325 27.5% 966,764 6,760,601 14,3% LIBRARY 302,708 1,300,875 23.3% 296,646 1,247,709 23.80/. TOTAL EXPENDITURES 6,872,265 30,170,746 22.8% 7,036,955 33,288,410 21.1% ENDING FUND BALANCE 5,302,091 4,295,656 TOTAL EXPEND AND END FUND BAL 35,472,837 37- 5 AVAILABLE CASH BALANCE 5,377,617 5,946,052 PERCENTAGE OF BUDGET ALLOCATED FOR 3 MONTHS 25.0% •Authorized but non-budget expenditures of $0 (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. E(b) AGENDA REPORT FOR: City Council April 14, 2010 TO: Gary Crutchfield, Cii (,r ager Regular Mtg.: 4119110 Rick White, rz; Community &Economic Development Director FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION (MF# VAC 10-003) Vacating a portion of Rubv Street adiaeent to Parcel # 113-394-202 (La Clinica) I. REFERENCE(S): . Vicinity Map 2. Proposed Ordinance I1. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDA'T'IONS: Conduct Public Hearing: 4/19: MOTION: I move to adopt Ordinance No. , an Ordinance vacating a portion of the Ruby Street right-of-way dedicated under Auditors File Number 373705 and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. La Clinica filed a petition to vacate a small portion of right-of-way at the east end of Ruby Street located between N. 7'11 Avenue and N. 51h Avenue. B. In 2001, La Clinica constructed a parking lot on the west side of 5'�' Avenue north of Garibaldi's restaurant. The parking lot encompassed a small strip of public right-of-way that was not reflected on the city mapping system at the time the parking lot was constructed. The right-of-way in question was to be used for the future extension of Ruby Street between 7'h Avenue and 5ih Avenue. A cul-de-sac was added to the east end of Ruby Street during the construction of the La Clinica parking lot eliminating the need for the right-of-way proposed for vacation. C. The Council set April 19, 2010 as the date to consider the vacation. V. DISCUSSION: A. The proposed street vacation has been reviewed by the City Engineering Department and the utility providers. B. There are no utilities within the right-of-way and no easements are needed to be retained. 7(a) Item: Street Vacation - Ptn of Ruby vicinity Ap icant: a Clinica N Map File - VAC 10-003 !lip -- L 4 a D r i -:T-7 All dI •M - .�� �. ' r �y WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North P Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF RUBY STREET. 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, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That portion of right-of-vvay dedicated to the City of Pasco under Franklin County Auditors File Number 373705 excepting therefrom any portion of said right-of-way contained within Parcel B as it appears on Record Survey Number 2-629 filed under Franklin County Auditors File Number 1587688,as depicted in Exhibit"I"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 the 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 19'h day of April 2010. Matt Watkins Mayor Pro-Tern ATTEST: APPROVED AS TO FORM: Debra L, Clark Leland B.Kerr City Clerk City Attorney Exhibit Item• Street Vacation - Ptn of Ruby #1 File#:c VAC 10-003 a x AGATE ST � I, Area Vacated J RUBY ST �r �RiBYBT COURT ST AGENDA REPORT FOR: City Council Apri l 5, 2010 TO: Gary Crutchfield, an ger Workshop Mtg.: 4/12/10 W - Regular Mtg.: 4/19/10 FROM: Stan Sty City Manager SUBJECT: Utility Account Deposits I. REFERENCE(S): 1, Proposed Ordinance 2. Existing Language on Advance Minimum Payment 3. Utility Deposits Comparison Chart II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 4112: Discussion 4119: MOTION: I move to adopt Ordinance No. amending the Pasco Municipal Code regarding deposits for Utility Accounts and, further, to authorize publication by summary only. 111, FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) The City requires a deposit from new utility account customers until a satisfactory payment record is established or, to continue, in cases where lien rights are not available for rental properties. B) From time to time staff has received complaints about the duration of the initial deposit period (24 months) and that the City does not accept evidence of good credit history from customers' prior comparable service providers. C) The current language regarding deposits is somewhat confusing and outdated. D) Staff has researched state law, compared the City's practices with neighboring communities and proposes new language to address the concerns discussed above as per the attached draft ordinance. Significant suggested changes include: 1. Use of the term "deposit" as opposed to "advance billing." 2. Allowing a deposit waiver for those with proof of prior good credit history. 3, Reducing the duration for holding deposits from 24 months to 12 months. 4. Increasing the deposit amount from 2 months to 3 months [the current requirement does not include consumption or other charges covered on the typical utility bill including ambulance, stormwater, and (if applicable) irrigation]. It takes approximately 80 days for the cycle to run from a missed payment until domestic water would be shut off, therefore, 3 months minimtun bill (for water and sewer only) seems to be a reasonable deposit. See the Utility Deposit Comparison chart for alternate deposit calculation amounts. 8(a) V. DISCUSSION: A) This code provision has not been altered substantially for at least 20 years. At that time, the city's housing stock was largely renter occupied and collections were more difficult. Over the past decade in particular, the housing stock of the city is much more owner occupied, representing a higher rate of collections. As the makeup of the community has changed dramatically over the past 20 years, Pasco has become much more the profile of other communities, though predominately of lower incomes. Given the change in corrnnunity profile, it appears appropriate to revise the city's utility account rules accordingly. B) Assuming irrigation billing (when applicable) is not included in the deposit requirement, a 3-months' minimum billing would be $111.09. C) For Council's information, BDI charges all new accounts a $35/1-year deposit regardless of credit history. PIJD rates new customers by credit history -- good credit—no deposit, poor credit— ranges from $50 to $350/1-year deposit, D) Staff"recommends adoption of the proposed ordinance. ORDINANCE NO AN ORDINANCE of the City of Pasco, amending Pasco Municipal Code Section 3.07.150 and Section 13.16.035 Regarding "Utility Deposits" or Advance Billing Requirements for Utility Accounts. WHEREAS, The City Council has determined that certain amendments to the procedures for the establishment of utility service accounts are needed; NOW, THEREFORE, the City Council ofthe City of Pasco, Washington, Does Ordain as Follows: Section 1. PMC Section 3.07.150, subsections A) 1) and 2) are amended to read as follows: 3.07,150 UTILITIES — BILLING: Fee/Charge Reference A) Account Set Up $25.00 13.16,090 1) Residential—ad a tnAt t utility deposit: a) Inside City 1-4 Units (per unit) -2 3 mos./swr/wtr 13.16,035 b) Inside City 5 & over (per unit) -2 3 mos./swr/wtr 13.16.035 c) Outside City (subject to 90% surcharge) 2-3 mos./swr/wtr 13.20,080 2) Commercial utility deposit: a) Inside City -2 3 mos./swr/wtr 13.16.035 b) 3/4-8" Meter -2 3 mos./swr/wtr 13.16,035 c) Outside City (subject to 90% surcharge) 2- 3 mos./swr/wtr 13.20,080 Section 2. PMC Section 13.16.035 "Advance Billing" is amended to be entitled "Utility Deposits," and is amended to read as follows: 13.16.035 Utility Deposits A. Deposits Required on Initial Service. At the time of application for utility service the manager of the finance division, hereafter called manager, or his,her designee, shall require an applicant for city utility services, to deposit with the City an amount of money to be held as security for the payment of all bills and claims for such utility sendee. Such deposit shall be an amount equivalent to a three-month water and sewer minimum billing at the premises. An applicant shall make a deposit or satisfy the credit policy described in subsection B of this section before utility service will be furnished. B. Deposit Waiver. The manager shall waive the deposit requirement of an applicant, except an applicant who is a renter or lessee of a property whose owner has filed a request to release such property from utility service liens pursuant to PMC Section 13,04.080 ("Renter of Lien-Released property"), who would otherwise be required to pay a deposit, as set in the preceding subsection (A), if one of the following criteria is met: I. The applicant has prior utility service with the City during the previous twelve consecutive months and during that period the applicant had no more than one defaulted or delinquent payment; or 2. The applicant provides written documentation of utility service in another jurisdiction within the past two years with proof of a satisfactory payment record for at least twelve consecutive months. C. Deposits on Continued Service. The manager may require any utility customer to make a deposit if the customer has, within a 12-month period, had two or more defaulted or delinquent payments; or the customer has filed for bankruptcy so as to have required the City to file its proof of claim for utility services, not to include Chapter 13 wage earner plans. D. Interest on Deposits. Deposits collected under this section shall not bear interest. E. Refund of Deposit. The deposit, or any portion thereof not utilized for the payment of charges required by this title may: 1. Be refunded to the customer upon termination of utility services; 2. Upon termination of utility scnices at one location, be transferred to a new utility customer service location within the City; or 3. After 12 months of utility services without default or delinquency, be refunded to the customer, except for renters of lien-released property. Section 3. This ordinance shall be in full force and effect five (5) days after passage and publication, as provided by law. PASSED by the City Council of the City of Pasco at a regular meeting the 19th day of April, 2010. Matt Watkins, Mayor Pro-Tem ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Ordinance amending PMC 3.07.150 & 13.16.055 Page 2 13.16.035 ADVANCE BILLING, Each billing, in addition to the charges for utility services past consumed, but for which no advance payment has been made, shall assess two-months minimum water and two-months minimum sewer charge for purposes of advance payment. A two-month advance billing shall be paid at the time a new customer service account is set up to secure payment of all charges required by this title. The advance billing, or any portion thereof not utilized for the payment of charges required by this title may: A) Be refunded to the customer upon termination of utility services; B) Upon termination of utility services at one location be transferred to a new utility customer service location within the City; or C) After two years of utility services without default or delinquency, a utility customer transfers utility services from one service location within the City to another service location within the City, no advance billing payment may be required. The City may require reinstatement of an advance billing payment if any utility customer has, within a 12 month period, had two or more defaulted or delinquent payments. EXCEPTIONS: A landlord as defined in Chapter 13.08.110 shall be exempted from the payment of advanced billing provided however, the landlord must have established a good credit history with the City for one year or more, or provide a letter of reference from another utility which shows a good credit history for one year or more. Utility Deposit Comparisons Pasco Kennewick* Richland Yakima Required: Tenants Yes Yes Yes Yes Owners Yes Yes No No Exceptions: No Yes Yes Yes Basis N/A Credit History Credit Ref History/Ref Deposit Amt 2 mo min up to 6 mo 2 mo avgi 3 mo Deposit Term 24 mo unspec 12 mo 12 mo Deposit Reinstatement Yes unspec Yes Yes Basis 2+ del. unspec 2+ del. 2- del. Kennewick deposit optional, depends on credit history Pasco Deposit Calculations: grater S10.50 Sewer S27.53 Irrigation 524.00 1 mo 2mos 3mos Min monthly w/o brig. $38.03 $76.06 $114.09 Min monthly w/Irrig. $62.03 $124.06 $186.09 Min monthly w1/2lrrig, $50.03 $100.06 $150.09 Pasco setup fee: $25.00 Typical Billing; Cycle: Reg. Billing Use Period BillinA PgNnent Due w/DeI. Notice Payment Due Shut Off Total 12/5109-1/5/10 1/11/2010 1/31/2010 2/9/2010 3/1/2010 3/3/2010 31 days 6 days 20 days 9 days 20 days 2 days 88 days AGENDA REPORT FOR: City Council April 5, 2010 TO: Gary Crutchfi y Manager Workshop Mtg.: 4/12/10 Regular Mtg.: 4/19/10 FROM: Stan Strcbel, D )uty City Mar a� Iljlu- SUBJECT: Police Investigation Cash Fund 1. REFERENCE(S): 1. Proposed Resolution I1. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 4/12: Discussion 4/19: NITOTION: I move to approve Resolution No. creating a Police Investigation Cash Fund. III, FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) The Police Department has operated with an Investigation Cash Fund for several Years, The fund allows for expenditures which may be necessary in the conduct of police investigations, including, from time to time, travel and other purchases for which City checks or purchase cards are not practical. B) In the recently-completed audit for 1~Y2008, the State Auditor's Office noted that no documentation on the authorization of the fund by Council was available in the City's records. V. DISCUSSION: A) The proposed resolution will formally establish the fund and set the necessary guidelines for disbtusements and documentation. Staff recommends approval of the resolution. 8(b) RESOLUTION NO. A RESOLUTION creating a Police Investigation Cash Fund for the Pasco Police Department not to exceed $1,000.00 to be administered by the Chief of Police (or designee) and setting forth the procedure to be followed in administering said fund. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1: There is hereby created a fund to be known as `Police Investigation Cash Fund" for the purpose of purchasing such goods and services as may be necessary for criminal investigations. Section 2: The Fund shall be administered by the Chief of Police or his/her designee. Section 3: The Fund shall be established by Treasurer's check and shall not exceed $1,000.00. Single disbursements from the fund shall not exceed $1,000.00. Section 4: All reimbursements shall be made by warrant and reimbursement vouchers must have receipts attached. Section 5: The Fund shall at all times be administered to conform to procedure established by the Office of the State Auditor. Section 6: This Resolution shall be in full force and effect after its passage as required by law. Passed by the City Council of the City of Pasco this 19th day of April 2010. Matt Watkins, Mayor Pro-Tern ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT TO: City Council April 8, 2010 FROM: Gary Crutchfi C' Manager Workshop Mtg.: 4/12/10 Regular Mtg.: 4/19/10 SUBJECT: Council Goals I. REFERENCE(S): I. Proposed Resolution II, ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/12: Discussion 4/19: MOTION: I move to approve Resolution No. establishing primary goals for the city for calendar years 2010-2011. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Over the past 20 years, City Council has conducted biennial retreats in the spring of each even numbered year (following the municipal election in the odd number year). The purpose of the retreat is to consider the community input along with staff advice and develop a list of specific and measurable goals to be pursued by the city organization over the ensuing two years. B) The Council conducted its retreat on April 2 & 3 following Community Forums to collect community advice on January 12, 20 and 26, and February 3. The result of the retreat is reflected in the proposed resolution. V. DISCUSSION: A) Approval of the resolution will ibnnally establish the list of goals as the primary work plan for the organization over the ensuing two years. It will be reflected in budget recommendations as well as day to day administrative actions, all designed to achieve those goals before the next biennial retreat (spring 2012). 8(c) RESOLUTION NO. A RESOLUTION establishing primary goals of the City of Pasco for the ensuing calendar years 2010-2011. WHEREAS, the City of Pasco organization desires to focus the allocation of its resources toward primary goals selected to fulfill the vision of Pasco's future, as held by its elected representatives; and WHEREAS, the City Council conducted Community Forums on January 12, 20 and 26, and February 3 to elicit the concerns of residents and business owners alike about the present condition of the city, as well as thoughts and suggestions for Pasco's future; and WHEREAS, the city managerial staff has shared with the City Council its concerns for the present as well as visions for the future of the Pasco community; and WHEREAS, the City Council conducted a goal setting retreat on Saturday, April 3, 2010 to discuss all the various concerns for the present as well as visions for the future; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section I. That the following goals shall be considered primary goals for the City of Pasco for the ensuing two years (calendar years 2010 and 2011): ■ Water Rights: water is the life blood of any community and water rights have become a potential legal constraint for many communities around the state. While the "quad cities" water rights permit obtained several years ago provided a partial solution for Pasco's water Tights needs, it did not alleviate the need to acquire more water rights to accommodate past as well as future growth. Thus, the city will employ all appropriate efforts to ensure adequate water rights are secured for the Pasco community. ■ Industrial Development: the Pasco community relies on one of the lower "per capita" assessed values (total taxable property value divided by total population) in the state. The city needs to foster more industrial investment to increase the non-residential tax base and, in turn, improve the ability of local public agencies to deliver needed services. The city has worked diligently with its partners (Port, PUD, County, etc.) to create "development ready" industrial sites, particularly the Heritage Industrial Center, Foster Wells area and along the SR12 corridor. The city will partner with the Port, TRIDEC and others to actively market the particular development opportunities offered by those industrial areas. ■ Public Safety Building: the explosion of residential growth in the city over the past decade has led to a rapid increase in city staff, necessary to sustain and improve municipal services. The Police Department is now overcrowded and the municipal court lease at the Franklin County Courthouse will expire in 2012; construction of a "public safety building" (to house both functions) will solve immediate space problems and concurrently provide long-teen solutions for the balance of City Hall space needs. To that end, the city will strive to put a funding plan in place for construction of the public safety building by 2011. ■ Lewis Street Overpass: the underpass (now 70 years old) is showing signs of deterioration, posing an eventual threat to public safety as well as potential harm to the BNRR system extending over it. A replacement overpass has been planned, representing not only a solution to the public safety and railroad integrity concerns, but a significant positive influence for downtown revitalization as well; however, the project cost ($30 million) is well beyond the city's financial capacity. Nearly $4 million of state and federal funds have been obtained for right-of-way acquisition and preliminary design of the project. The city will work diligently to obtain state and federal funding commitments for at least 85% of the Lewis Street Overpass project construction cost. ■ Emergency Communication: for more than 30 years, the city has relied on the Franklin County Sheriff for emergency communication services (police and fire). The current and future operational constraints of the existing VHF radio system, combined with the rapid physical expansion of the city, present an increasingly ineffective and costly emergency communication system for the city's emergency service personnel and citizens alike. A qualified consultant has completed its analysis of options and the City Council will select and complete implementation of the best option to improve the emergency communication system for the city. ■ PWRF: the Pasco Processing Center, initially created by the Port, city and PUD only 15 years ago, is already fully developed and contains more than $200 million of private investment. Presence of the food processing plants was largely influenced by the city's Process Water Reuse Facility (PWRF), which has proven to be a cost-effective and environmentally responsible means of disposing of the plants' process water. Unfortunately, the PWRF is at full capacity, so no new food processing facilities (nor expansion of existing users) can be accommodated by the city. The city will work with the Port to determine expansion opportunities associated with the PWRF. ■ Road 68 Congestion: the extent and nature of urban growth on the plateau, combined with the limitations imposed by the current configuration of the Road 68 interchange at 1-182, have led to a pattern of intolerable congestion at the intersection of Road 68 and Burden Blvd. Though the city has made numerous improvements in that vicinity to resolve the problem, the remaining solutions affect the I-182 interchange at Road 68 and are, therefore, subject to approval of a resistant WSDOT. To overcome that resistance, the city will endeavor to forge a cooperative plan with WSDOT for Road 68 congestion relief. Primary Goals—2010-2011 Page 2 • Sewer Plan: with the rapid expansion of the city on the Plateau and an official population projection of 87,000 in 2027. the Franklin County Commission recently expanded the city's Urban Growth Area (L GA) to the northwest and even further expansion is expected as time goes by. One of the more fundamental service obligations of the city is to provide for extension of its utility system. Sewer service, in particular, can constrain appropriate development and become more costly than necessary if not planned carefully. Thus, the City Council will adopt a new comprehensive sewer plan for the Pasco UGA. • Broadmoor Development: in view of its geographic setting in the region and its ease of access afforded by the adjacent 1-182 freeway, the vacant and underutilized lands north of the Broadmoor interchange present great potential for regional-scale development. The city, in conjunction with affected land owners, has completed a strategic development plan to accommodate the preferred scope of commercial development. To realize that plan, the city will work with appropriate commercial brokers and land owners to market the preferred development plan for private investment, with the expectation of at least one such development commitment within two years. • UGA Development Standards: development within the city's boundaries must comply with the city's urban development standards; Franklin County, responsible for managing urban development in the unincorporated portion of the Urban Growth Area (UGA), does not apply Pasco's standards. Consequently, portions of the UGA are being developed in a fashion which, after eventual annexation, will require additional public (taxpayer) expenditures to correct the urban development deficiencies being permitted now by Franklin County. The city will make every effort to ensure that the city and County apply uniform development standards within the UGA. • Downtown: as have many older urban centers, the downtown business district continues to struggle in its effort to revitalize itself. The City Council believes that downtown revitalization efforts require a new organizational structure to effectively marshal current and emerging resources (CBC, Pasco Chamber of Commerce, Pasco Downtown Development Association, Hispanic Chamber of Commerce and city); thus, the city will identify and establish the most effective organizational structure for revitalization of the downtown area. • Gang Suppression: Pasco has managed its gang problems relatively well, but the problem requires constant vigilance. Gang activity seems more prevalent in some other communities throughout the mid-Columbia region; it could lead to escalation of such criminal and nuisance activities in Pasco. To minimize the opportunity for escalation of gang activity, the city will collaborate with other communities throughout the mid-Columbia region to combat the gang problem. • "A" Street Interchange: WSDOT is planning for a future interchange near east "A" Street at SR12. When constructed, such an improvement is likely to have significant influence on development opportunities and the need for municipal services. To prepare for those changes, the city will evaluate anticipated effects of the proposed interchange on the current urban growth boundary as well as future development and municipal service expectations. Primary Goals—2010-2011 Page 3 • Rivershore: over the past decade, the city has made notable improvements along the shoreline, lowering the levees and widening the pathways so citizens of all ages can enjoy the Columbia River. Yet more can be done to foster more use of the shoreline and take better advantage of the unique assets represented by the river. To that end, the city will update the "master plan" for rivershore improvement and commence implementation of its recommendations. • Regional Centers: each of the Tri-Cities (Kennewick, Richland and Pasco) has created its o�Nm Public Facilities District (authorized to develop and operate "regional centers," such as convention centers, stadiums, performing arts centers, etc.): however, none of the Public Facilities Districts possesses the financial capacity to individually finance the scale or variety of regional facilities which would improve the quality of life within the region. It is the express intent that Pasco continue to work collaboratively with its neighboring cities to jointly plan for the development of"regional centers." Section 2. The City Manager is hereby directed and authorized to formulate appropriate implementation strategies to achieve the goals set forth hereinabove, consistent with appropriation policies and procedures. PASSED by the City Council of the City of Pasco at a regular meeting this 19th day of Apffl, 2010. Matt Watkins, Mayor Pro-Tern ATTEST: Debra Clark Leland B. Kerr City Clerk City Attorney Primary Goals—2010-2011 Page 4 AGENDA REPORT NO. 01 FOR: City Council April 5, 2010 TO: Gary CrutchfikPublic nager FROM: Robert J. AlbWorks Dir ector Workshop Mtg.: 04/12110 Regular Mtg.: 04/19/10 SUBJECT: Accept Utility Easements --FIFTIES 1, LLC 1. REFERENCE(S): 1. Vicinity Map 2. Utility Easements a. 0.33 acre pump station easement deed b. 40 foot temporary construction easement c. 20 foot access and utility easement 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 04/12: Discussion 04/19: MOTION: I move to accept the Utility Easements from FIFTIES I, LLC for the installation of future sewer utilities and authorize the City Manager to execute the documents. III. FISCAL IMPACT: IV. IIISTOR'Y AND FACTS BRIEF: A) The City's Capital Improvement Plan for 2010-2015 shows the East Road 40 Sewer Extension. The project includes sewer collection pipelines and a sewer pump station east of SRI 2. V. DISCUSSION: A) Mr. Tom Kidwell representing FIFTIES 1, LLC has agreed to give the City permanent easements for a sewer pump station and sewer pipelines on parcels recorded as Tax Parcel I.D. No 1 13-590-026. Temporary construction easements are also being granted allowing sufficient space for a contractor to build the facilities. Acceptance of the easements and conditions would allow construction of the pipelines and sewer pump station. The 0.33 acre easement for the sewer lift station has a height limitation and would be transferred over to the City at time of development as real property. The condition that permanent improvements shall not exceed a height of(4) feet above of the adjoining road way(Kahlotus Hwy or Commercial Ave) should not be a problem since the pump station easement is 12 feet below the roadway. B) FIFTIES I, LLC did incur costs for surveying and preparation of the easements. Staff recommends that the City reimburse Fifties, LLC $3,000 for their costs. Staff recommends acceptance of the easements from FIFTIES, LLC contingent on the $3,000 reimbursement. 1a(a) 4 K IFF FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3ra Pasco, WA 99301 UTILITY EASEMENT DEED Reference numbers of related documents: 1655830 Grantor(s): Fifties I, LLC, a Washington limited liability company Grantee(s): City of Pasco,Washington, a municipal corporation Abbreviated Legal Description: Section 22, Township 9 North, Range 30 East, Willamette Meridian, Franklin County Washington Additional legal description is on Pages: See Attached Exhibit A Assessor's Tax Parcel ID Numbers: 113-590-026 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Grantor, Fifties I, LLC, a Washington limited liability company, hereby grants and conveys to the Grantee, the City of Pasco, Washington, a municipal corporation, its successors and assigns, a perpetual exclusive utility easement for the erection, construction, maintenance, operation, repair, replacement, and removal of portions of its utilitylines, services, and components, including but not limited to, valves, panels, pipes, lift stations and such other accessory uses and equipment, over, under, and upon the following described real property: A .33 Acre parcel more particularly described on Exhibit A attached hereto and incorporated herein by this reference. Further designated by map attached as Exhibit B. Subject to the following: Utility Easement Deed- I January S,2010 1. Height Limitation. Any permanent improvements shall not exceed four (4) feet in height measured at grade of adjoining roadway. 2. Indemnification. Grantee shall exercise its rights hereunder at its own risk, and, shall indemnify and hold Grantor harmlessfrom and against any and all iiabilityfor damages,costs, losses, and expenses resulting from, arising out of, or in any way connected with, the occupation or use of the above-described property by Grantee, or the Grantee's invitees or licensees. 3. Disputes. In the event of any dispute arising out of this grant of easement, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. 4. Binding on Successor. The grant of this easement shall run with the land and shall be binding on and shall inure to the benefit of the parties hereto, their heirs, successors, and assigns, 5. Option to Purchase. Grantor grants to Grantee an option to purchase the real property subject to this easement described on Exhibit A for the sum of$1.00 at such time as Grantor subdivides that real property designated as Parcel No. 113-590-026, IN WITNESS WHEREOF, the parties have executed this Utility Easement Deed by and through their authorized representatives on this day of January, 2010. CITY OF PASCO, WASHINGTON By: GARY CRUTCHFIELD, CITY MANAGER FIFTIES I, LLC By• , TOMMY KIDWELL, Member By: -� CHERYL B G, Member Utility Easement Deed - 2 January 5, 2010 STATE OF WASHINGTON ) ) ss COUNTY OF ) On this day of January,2010, before me, personally appeared GARY CRUTCHFIELD, City Manager of the City of Pasco, Washington, to me known to be the individual who executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of January, 2010. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: STATE OF WASHINGTON ) ss COUNTY OF AA4pyl } On this day of jap;,wa , 2010, before me, personally appeared TOMMY KIDWELL of FIFTIES I, LLC, to me known to be the individual who executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed,for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ` J day of t!4'—'2010. r NOTARY P B in and fo F4be State of Washington, residing a My commission expires: ' - 0 Utility Easement Deed - 3 January 5, 2010 c c 3 n q (b ~ \ k m D \ M cr O 0 0- � o M < - o = Q / 7 � �, z �7 f 0 :3 k� �� 2 � -n � . ;� I k $ k m n � | % k7�c ��V. \ � R 0 § � pw 2 / dl o ,it 0 w L° TON '� ��. rD #§1� \ Q. & R o ° q P- / ' , O C) Ln rD § r ° 2 q a < O ' r+ m m ¥ _ , + \ _ L k m ru � � q � \ 0 CL ° n § ƒ (D M tA h M 7 2 q r ( rD n Q o n 'aq I: o ƒ $ 2 . . 2 0- "o N 7 2 ` \ $ r+ CL m w n C m 7 CL IFL 0 @ / k rn 7 � m n w FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco, WA 99301 TEMPORARY CONSTRUCTION UTILITY EASEMENT Reference numbers of related documents: 1655830 Grantor(s). Fifties I, LLC, a Washington limited liability company Grantee(s): City of Pasco, Washington, a municipal corporation Abbreviated Legal Description: Section 22, Township 9 North, Range 30 East, Willamette Meridian, Franklin County Washington Additional legal description is on Pages: See Attached Exhibit A Assessor's Tax Parcel ID Numbers: 113-590-026 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,the Grantor, Fifties 1, LLC, a Washington limited liability company, hereby grants and conveys to the Grantee, the City of Pasco, Washington, a municipal corporation, its successors and assigns, a temporary construction utility easement deed for the purpose of excavating, installing, assembling,storage and installation of utility components an equipment upon the following described real property: A temporary construction easement located in the Northwest Quarter of Section 27, Township 9 North, Range 30 East, Willamette Meridian, Franklin County, Washington, and being, said parcel being more particularly described as follows: The South 40.00 feet of that portion of Parcel A conveyed to Fifties I, LLC, by deed recorded under Deed Document No. 1655830 in the Franklin County Deed Records, lying North of a line 20.00 feet and parallel to said property described in Deed Document No. 1655830. Temporary Construction Utility Easement Deed- 1 January 5,2010 EXCEPT that portion conveyed to Dedication Deed recorded June 7, 1994, under Recording No. 510499, records of Franklin County, Washington. EXCEPT that portion conveyed to the State of Washington by Warranty Deed recorded June 14,_ under Recording No. 532061, records of Franklin County, Washington. ALSO TOGETHER WITH AND SUBJECTTO easements, reservations, covenants and restrictions apparent or of record. Subject to the following: 1. Indemnification. Grantee shall exercise its rights hereunder at its own risk, and shall indemnify and hold Grantor harmless from and against any and all liability for damages, costs, losses and expenses resulting from, arising out of,or in anyway connected with the occupation or use of the above-described property by Grantee, or the Grantee's invitees or licensees. 2. Disputes. In the event of any dispute arising out of this grant of easement, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. This temporary easement shall commence on the date of execution below and shall expire sixty (60) days after completion of the installation of utility lines, accessories and equipment, or upon the expiration of thirty-six (36) months from the date of execution, whichever shall first occur. IN WITNESS WHEREOF, the parties have executed this Temporary Construction Utility Easement Deed by and through their authorized representatives on this day of January, 2010. CITY OF PASCO, WASHINGTON By: GARY CRUTCHFIELD, CITY MANAGER FIFTIES I, LLC By: T Y KID EL , Me ber By: _ . CHERYL BLRG, Member Temporary Construction Utility Easement Deed-2 January 5, 2010 V) 5• 3 nv+j G n 3 N D -DI oas c z m z m d :3 3 r� O G1 T_ p O � � o 3 T ° < a rt °, rt 0 rn v ffa " OT o ? z n+ T D z T D :3 Tf vi Ln 4� N Ln tA o rD � ' z (D Q ° ? z pr fD M fD c NN cu 00 3 71 13 . Y = i 07 O Q. rD G! rD ut IV M5 '^ 0 ��y/ �uu���..as�`CJ Q vii N n vii O (D ! 4' �'�' n r+ r O CL CL M Cr 3 fD � c O z rD '* ?� o z °_' 'o ° f h o D O fD o m D �+ CD 0 0 fD 3 fD Z' 3 m fD =r CL 7 'O rD fD fD f7 fD S 7 f7 'C f3D � x � �' O M A ai `�° �, < x -% f�D Q n fD 3 Q N o ai " T ut �q M fD °�' ° . r- fD d a '+ v r+ Q N r1 rD N C) N r` CIb In C) G1 rt O •+ 0 0 cr CL n CL m a d G o C -.% -h fD h O. O rD M rD 2 0 fD rD n T o. fn rD o W a CL STATE OF WASHINGTON } ) ss COUNTY OF ) On this g3t5day of , 2010, before me, personally appeared CHERYL BERG a member of FIFTIES i, LLC,to me known to be the individual who executed the within and foregoing instrument,and acknowledged said instrumentto be herfree and voluntary act and deed,forthe uses and purposes therein mentioned. GIVEN under my hand and official seal this day At*2010. f M UTARY PU and fort State of Washin , residing at z My commission expires: o 6-29- 9�l� F OF W Temporary Construction Utility Easement Deed-4 January 5, 2010 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North P Pasco, WA 99301 UTILITY EASEMENT Reference numbers of related documents: 1655830 Grantor(s): Fifties I, LLC, a Washington limited liability company Grantee(s): City of Pasco, Washington, a municipal corporation Abbreviated Legal Description: Section 22, Township 9 North, Range 30 East, Willamette Meridian, Franklin County Washington Additional legal description is on Pages: See Attached Exhibit A Assessor's Tax Parcel ID Numbers: 113-590-026 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,the Grantor, Fifties I, LLC, a Washington limited liability company, hereby grants and conveys to the Grantee, the City of Pasco, Washington,a municipal corporation, its successors and assigns, a non exclusive utility easement for the erection,construction, maintenance,operation,repair,replacement, and removal of portions of its utility lines,services, and components,including but not limited to such other accessory uses and equipment over, under,and upon the following described real property: A. A 20-foot access and utility easement more particularly described on Exhibit A, attached hereto and incorporated herein by this reference. Utility Easement Deed-1 January 5,2010 B. A 15-foot utility easement more particularly described in Exhibit B,attached hereto and incorporated herein by this reference. C. A 20-foot utility easement more particularly described in Exhibit C,attached hereto and incorporated herein by this reference. Subject to the following: 1. Indemnification. Grantee shall exercise its rights hereunder at its own risk,and shall indemnify and hold Grantor harmless from and against any and all liability for damages, costs, losses and expenses resulting from,arising out of,or in anyway connected with the occupation or use of the above-described property by Grantee, or the Grantee's invitees or licensees. 2. Disputes. In the event of any dispute arising out of this grant of easement, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. IN WITNESS WHEREOF, the parties have executed this Utility Easement Deed by and through their authorized representatives on this _day of January, 2010. CITY OF PASCO, WASHINGTON By: GARY CRUTCHFIELD, CITY MANAGER FIFTIES I, LLC T MMY KIDWELL, Member By: — C 1 6 Im CHERYL I3E G, Member Utility Easement Deed -2 January 5,2010 STATE OF WASHINGTON ) } ss COUNTY OF ) On this day of January, 2010, before me, personally appeared GARY CRUTCHFIELD, City Manager of the City of Pasco, Washington, to me known to be the individual who executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of January, 2010. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires:_ STATE OF WASHINGTON } } ss COUNTY OF On this c�day of 4 2010, before me,personally appeared T+I KIDWELL of FIFTIES i, LLC, to me known to be the individual who executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this j2c26 day of January, 2010. � ��•, NOTARY P in and for the State ;Q � of Washi on, residing at i � `` 29- L' `` _ Lo i M commission expires: iZ/ �,,�6, 1 O /jrt l!+OF11 W ll Utility Easement Deed-3 January 5, 2010 ) / (D 3 m c > � W ANN §, § § m� m s � �o C O « k o ] � y� !� < � O GK - � ® `�����\ 2 � � � = > 7 F �Z�c • . § k � " z CL - � � �� $ k � 2 ƒ \» ¥ � / q - @ � � �� �� � o � � i K p 2 i �1�'o 0 0 1� 1� s%�kk CL m m• ] CL m 7 0 § m L %FL Ln 7 0 ® \ C o k z 7 n � 0 E 5 0 2 ƒ " ZT % B G ®o c C M \ cu CL \ \ 4 � m ƒ x L 0 2 2 N w CL X N. 0 .. c o a $ m C CL U 2 / 0. rD w 7 n m CL 7 U m -111 CL o = o 0 o « � 5 O AGENDA REPORT FOR: City Council April 7, 2010 TO: Gary Crutchfiel 'Tanager Workshop Mtg.: 4/12/10 Regular Mtg.: 4/19/10 FROM: Rick Terway, DiriNtor Administrative and Coma rvices SUBJECT: Water Follies Agreement 1. REFERENCE(S): A. Agreement for Operation of Water Follies Event (2010 - 2012) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/12: Discussion 4/19: MOTION: I move to approve a three-year agreement with the Tri-Cities Water Follies Association for the Water Follies event and further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In 2004 and again in 2007, City Council and Franklin County approved a three year agreement with the Water Follies Association, setting forth the conditions for approval for the annual Water Follies event at Wade Park and allowing streets south of Sylvester Street between Roads 36 and 56 to be closed for such event. B) As the prior agreement has expired, the attached agreement is presented to Council for approval for the 2010, 2011 and 2012 Water Follies events. This new agreement excludes Franklin County as they are no longer the lease holder of the property. The City is the now sole lease holder with the USACE. The agreement is essentially the same as prior years with minor revisions reflecting a greater leadership role of the City in coordinating and monitoring the event as the property in the surrounding area has now all been annexed. The Association is allowed to close roads during the stipulated Schedule 1. The dates for 2010 are July 24 and 25. This schedule will be presented for approval if revised for 2011 or 2012. The Association will provide adequate crowd and traffic control and First Aid services. The Association will deposit a check with the City in the amount of $1,500.00 to cover damage and clean-up. The Association will provide general liability insurance through the American Boat Racing Association in the amount of $5,000,000 and liquor liability insurance of $1,000,000 per claim and $2,000,000 aggregate. Additionally, $2,000,000 general liability insurance will be provided for contract vendors. The Water Follies will also pay $1,000 for EMT staffing during the event. C) Staff recommends that the Council authorize the City Manager to enter into the agreement on behalf of the City. 10(b) AGREEMENT FOR OPERATION OF WATER FOLLIES EVENT (2010-2012) This agreement is made and entered into this day of 200_, between the City of Pasco, hereinafter referred to as the "City," and the Tri-City Water Follies Association, hereinafter referred to as the "Association." WHEREAS, the Association has applied for the right to conduct the 2010, 2011 and 2012 Columbia Cup Unlimited Hydroplane Races on water adjacent to certain City lands and needs the temporary use of such lands for said activity, and; WHEREAS, this activity is planned for the enjoyment of the general public; NOW THEREFORE, in consideration of the covenants and agreements herein contained and the terms and conditions thereof, the parties agree to the following: I For the years 2010, 2011 and 2012, the City grants to the Association the temporary use of the property for the periods defined in Schedule 1 within their respective boundaries described in Exhibit "A", attached hereto and by this reference made a part hereof, including all parking lots together with the right of access thereto and therefrom. II The Association shall be allowed to collect a donation fee from each person over 5 years of age entering said land for viewing the hydroplane races, provided the proceeds are used solely for the conduct of the program and necessary expenses incidental thereto. An accounting of all revenue received shall be presented to the City before January 1 of the following year for each of the three years this agreement shall remain in effect. Donation and parking fee amounts and hours when fees may be collected are described in Schedule l. By agreement of the parties, details included in Schedule 1 may he amended from year to year. III The Association shall be responsible for providing adequate personnel assistance in vehicle parking, traffic and crowd control. In addition to providing adequate personnel for vehicle parking, traffic and crowd control the Association must provide for adequate contract police services. Police personnel are to be provided access to the venue at all time and will maintain authority over civilian crowd control personnel in the event that police intervention is necessary. Pasco Police Reserves may qualify as contract police services in lieu of regular police officers as determined by the Chief of Police. IV A traffic and crowd control plan will be submitted to and shall have the written approval of the City of Pasco Police Department no later than ten (10) days before the day race time trials are to be held. The use of any barricade proposed for traffic control shall be included in the traffic and crowd control plan. The City of Pasco will provide barricades for traffic control on the residential streets which intersect with Sylvester Street on the south side. Barricades will be delivered to the street corners designated in the plan. The Association shall be responsible for setting up barricades; maintaining barricades following setup; and returning them to the drop-off corners for City pickup. The Association shall be responsible for any damage to barricades. The Association shall be responsible for furnishing and installing "No Parking" signs on the north-south roads from Road 36 inclusive to Road 56 inclusive between Sylvester and Court Street and along Sylvester Street from Road 36 to Road 56 the morning of the day of the time trials, and for removing said signs by noon the following Monday. The signs and method of installation shall be approved in writing by the City Engineer no later than three (3) days before the day the time trials are to be held. V No costs or liability will accrue to the City due to the races, traffic control, and parking activities. V1 The Association will not preempt the public use of all the project recreation resources in the area. Chiawana Park will remain open to the public during the races. VII The Association is responsible for returning all keys issued, clean up and restoration of the area to pre-use condition to the satisfaction of the Administrative and Community Services Director and Facilities Manager within ten (10) days of the day of the race. At least seven (7) days before the day the time trials are to be held, the Association agrees to deposit a check in the amount of One Thousand Five Hundred Dollars ($1,500) with the Administrative and Community Services Director, payable to the City of Pasco, to cover potential damages and extraordinary cleanup, repair and maintenance costs. If none accrue, the check will be returned to the Association; otherwise, the check will be deposited to the account of the City of Pasco. Any excess amount will be refunded. The Association agrees to pay any additional clean-up and/or repair costs incurred by the City. If,prior to the race, the /or City of Pasco Fire Chief require fire control site preparation of the river shore viewing area, the association will perform the necessary work, at its sole expense. VIII Agreement for Operation of Water Follies Event page 2 The Association will be permitted to restrict public use of said lands during the period of the hydroplane races from 12:00 p.m. the Friday before the race,to 6:00 p.m., Sunday, the day of the race. It will be necessary to close the Columbia River in the vicinity of Columbia Park to commercial and pleasure boats during the hydroplane races. The closure will be of an intermittent type, as needed, when hydroplanes are actually on the course. Provisions to allow emergency traffic and commercial traffic to pass through the closed area will be made by the Association. River closure authorization must be obtained by a separate permit from the U.S. Coast Guard setting forth the specific dates and time periods involved. IX The Association shall comply with all Federal, State and local laws and regulations. The Association will further comply with standards and recommendations of the State and local health departments in all matters concerning health and sanitation. The Association shall be responsible for providing the necessary chemical toilets as required by the local health department to serve the general public on Saturday and Sunday during the races. X The Association may authorize concessions to be operated to accommodate the public. All concessions will be operated under the supervision of the Benton-Franklin Public Health Department and, if applicable, a City of Pasco business license. If alcohol is sold or served, all necessary alcohol permits must be obtained, and sales and consumption shall be in accordance with Washington State Liquor Control Board rules and regulations. Alcohol consumption shall be permitted only within the designated beer/alcoholic beverages gardens and special tent areas. In addition to any alcohol permits or approvals required by the State of Washington, an alcohol permit must also be obtained from City of Pasco Administrative and Community Services Department. XI In all cases, admission to the various areas will not be limited to membership in any organization, and there will be no discrimination made against any person or persons because of race, color, religion, age, sex, national origin or disability. XII The Association agrees to maintain and pay for general liability insurance coverage through American Boat Racing Association(ABRA) at all times hereof insuring the Association, Agreement for Operation of Water Follies Event page 3 and the City, such insurance to afford protection of a limit of not less than $5,000,000.00. The City shall be named as a certificate holder on the general liability insurance. Certificates of coverage shall be provided to the City as described below. The Association agrees to require liquor liability insurance and general liability insurance for the company with which it contracts for the fenced area commonly known as "the beer garden" and for the company with which it contracts for the fenced area commonly known as "Margarita Village" (spirituous liquor service). Such insurance shall afford protection to a limit of not less than$1,000,000.00 per claim, and $2,000,000.00 aggregate. The Association and the City shall be named as additional insureds on the policies. The City shall be named as a certificate holder. Certificates of coverage shall be delivered to the City as provided below. The Association agrees to require general liability insurance from each company with which it contracts as a vendor, such insurance to afford protection to a limit of not less than $1,000,000.00 per claim, and $2,000,000.00 aggregate. The Association and the City shall be named as additional insureds on the policies. The City shall be named as a certificate holder. Certificates of coverage shall be delivered to the City as provided below. Copies of the certificates of coverage shall be delivered to the City by the Association at least fourteen (14) days before the day race time trials are to be held. XHI The City and the Corps of Engineers shall not be liable or responsible for damages to property or injuries to persons which may arise from or be incident to the Tri-City Water Follies Association's use and occupation of said premises, including the areas shown on Exhibit "A" and the City roads and rights-of-way south of Court Street and east of Road 60 inclusive to Road 34 inclusive, the person of the Association's officers, agents, servants, employees, or others, including spectators or participants who may be on said premises at their invitation or the invitation of any one of them. The Association shall hold the City harmless from any and all such claims which may arise from any damage or injury above-mentioned, and shall at its expense defend any and all actions which may be brought against the City upon such claims and shall pay any and all judgments that may be recovered against the City upon such actions. Venue shall be in Franklin County. The Association shall provide the City Engineer and the Facilities Manager, or such other persons as designated by the City Engineer, passes for the purpose of inspections for compliance with the agreement. Agreement for Operation of Water Follies Event page 4 XIV The Association shall provide one (1) first aid station in the park to provide public assistance within the premises regarding first aid treatment and assuming the assistance for public safety. Such activity shall meet all conditions and requirements of Mid-Columbia EMS Council and Franklin County Emergency Management. The Association shall ensure communication availability to contact Franklin County 911 Dispatch Center. The Association also agrees to assist with cost of onsite EMT's at a cost of$1,000 per year made payable to the City of Pasco prior to the event. XV This agreement is subject to the terms and conditions of the lease granted City of Pasco by the United States dated July 29t', 2009, W912EF-1-04-13, and modifications thereto or any subsequent agreements that the United States and the City may enter into with respect to the premises. A copy of this agreement shall be on file in the office of the Pasco City Clerk, Pasco, Washington. In the event said lease is relinquished by the City or terminated by the Government, this agreement will also be canceled on the effective date agreed to between the City and the Government. XVI This agreement may be amended by mutual agreement of the parties. XVII This agreement may be cancelled by any party upon thirty (30) days written notice to the other parties to the agreement. Agreement for Operation of Water Follies Event page 5 Dated this day of , 2009. TRI-CITY WATER FOLLIES ASSOCIATION, INC. BY: DATE: PRESIDENT CITY OF PASCO BY: DATE: GARY CRUTCHFIELD, CITY MANAGER APPROVED AS TO FORM: BY: DATE; LELAND B. KERR, CITY ATTORNEY Agreement for Operation of Water Follies Event page 6 TRI-CITY WATER FOLLIES AGREEMENT SCHEDULE 1: 2007 RACE The Tri-City Water Follies Association may collect donation fees at admission gates between the hours of 5:00arn and 6:00pm on Saturday, July 28,and Sunday, July 29, 2007 as specified below: Donation Fee Weekender Pass(Sat/Sun) $25 Saturday, July 28 $15 Sunday, July 29 $25 Children ages 6— 12 $ 5/day Children under 6 Frcc The Tri-City Water Follies Association may assess parking fees up to $10 per vehicle Agreement for Operation of Water Follies Event page 7 EXHIBIT A (in Water Follies file—"Exhibit A Water Follies Agreement") Agreement for Operation of Water Follies Event page 8 R S ' Sylvester St. ° 'a a 5. s' x a a I c, irving �; Pasco „ . ........... aver �' Rivers .................. ........,... ... - a c GrOLIn West ---� Gate A = itaostertail Club WC �rapr &Gold 100 Area Iry Parkin 13 = Raund Table Rieh%a Main 9 west Pit ai• C,ate ParkiRE� SG Beer Garden - Private Viewing Arc-as sc Pit N` East D _ AV Parkfng dy��� .................. Parking Gate E = Tesoro Pit Stop ; .r F Stage G = Playground of dreams H — Captain's Club and Bleachers 'c',i: "'••R..,.... ... fr°°..� z = Dominos Pizza Bulldog Beach Club Road K = Casa Chapala Margaritaville Path Sly = Special Needs Area Gate East Gate T = Riverside RV Terrace Kenli2W ICC Entrance V = veteran's Memorial First Aid 395 S, s WC = Will Call � TRI-CITY WATER FOLLIES AGREEMENT SCHEDULE 1: 2010 RACE The Tri-City Water Follies Association may collect donation'fees at admission gates between the hours of 5:00am and 6:OOpm on Saturday, July 24, and Sunday, July 25, 2010 as specified below: Donation Fee Weekender Pass (Sat/Sun) S25 Saturday, July 24 $15 Sunday, July 25 $25 Children ages 6 --- 12 $ 5/day Children under b Free The Tii-City Water Follies Association may assess parking fees up to $10 per vehicle JP& 6—w-ven oAnAk, �c%eoG�le of�iwste e°ft,tdq#0 �e 7:00pmMiss Tri-Cities Pageant @ Kennewick High School Auditorium d'A-tAdv cF4 23 1:00pmFluor Hydro Golf Tournament dr*.l&yrCF4" 8:00,,,,,Park Opens 8:00 ,,,Unlimited Testing 8:30.....Boeing Unlimited Hydroplane Exhibition run 9:30,,,,,Unlimited Light Testing 10:30...HAPO Community Credit Union Over the River Air Show 11:00...Unlimited Testing & Qualifying Noon,,,,,USCG Helo Rescue Demonstration 12:25...HAPO Community Credit Union Over the River Air Show 1:00,.,,,Unlimited Light Testing & Qualifying 2:00,,,,,Unlimited Testing & Qualifying 3:30,,,,,Vintage Hydro Performance 3:55,,,,,Unlimited Light Testing & Qualifying 4:45,,,,,HAPO Community Credit Union Over the River Air Show 5:15 ,,, Legends Casino Dash for Cash 5:35,.,.,Western States Insurance Light's Challenge 6:00,,,,,Speed & Feed 80"C14 Jq4 25 8:00,,,,,Park Opens 8:00,,,,,Unlimited Testing & Qualifying 9:30 ,,,,Unlimited Light Testing & Qualifying 11:00...HAPO Community Credit Union Over the River Air Show 11:15,,,Metz Mobile Marine Autograph Session 11:25,,,USCG Helo Rescue Demonstration Noon,,,,,HAPO Community Credit Union Over the River Air Show 12:35,,,Vintage Hydra performance 1:00,,,,,Uniimited Testing &Qualifying 2:00,,,,,Babcock Services, Inc.Unlimited Light Heat #1A 2:20,,,,,Babcock Services, Inc.Unlimited Light Heat #1B 3:00,,,,,HAPO Community Credit Union Over the River Air Show 3:30 .. Flyby 4:00,,,,,Connell Oil Unlimited Heat #1A 4:30,,,,,Connell Oil Unlimited Heat #1B ew.bW J4 Pd 7:00 ,,,,Park Opens 8:00,,,,,Unlimited Testing & Qualifying 9:00,,,,,Unlimited Light Testing & Qualifying 10:00,,,Opening Ceremonies 11:0O,,,Atomic Screenprinting Unlimited Lights Heat #2A 11:20 Atomic Screenprinting Unlimited Lights Heat #28 11:40,,,Pemco Insurance Unlimited Heat #2A 12:10,,,Pemco Insurance Unlimited Hear #2B 12:30,,,HAPO Community Credit Union Over the River Air Show 1:30.....Vintage Hydro performance 1:55,,,,,Conover Insurance Unlimited Heat #3A 2:25,,,,,Conover Insurance Unlimited Heat #3B 2:50,,,,,Unlimited Lights B-Main 3:10,,,,,Buffalo Brothers Unlimited Provisional 3:30 ,,,,USCG Helo Rescue Demonstration 4:00,,,.,HAPO Community Credit Union Over the River Air Show 4:40,,,,,ULHRA Thunder Cup for Unlimited Light Hydroplanes 5:05,,,,,Lamb Weston Columbia Cup for Unlimited Hydroplanes Schedule Subject to Change AGENDA REPORT NO. 01 FOR: City Council April 12, 2010 TO: Gary Crutchfie anager Robert J. Albert , u c Works Director FROM: Jess Greenough, Field Divisions Manager Regular Mtg.: 04/19/10 SUBJECT: Reject Bids for Commercial Avenue Phase 3 - Boring SR 395 & Foster Wells Road, Project No. 10-2-01 I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 04/19: MOTION: I move to reject the bids received for Commercial Avenue Phase 3 - Boring SR 395 &Foster Wells Road, Project No. 10-2-01, and further, authorize staff to rebid the project. III. FISCAL IMPACT: None 1V. HISTORY AND FACTS BRIEF: A) On April 7, 2010 staff received three (3) bids for Commercial Avenue Phase 3 - Boring SR 395 & Foster Wells Road, Project No. 10-2-01. The low bid was received from Gonzales Boring & Tunneling, Inc. in the amount of$241,993.00, plus applicable sales tax. The second lowest bid received was from Ray Poland & Sons, Inc. in the amount of $286,369.00, plus applicable sales tax. The Engineer's Estimate for the project is $173,452.50, plus applicable sales tax. V. DISCUSSION: A) The bids received for this phase of the Commercial Avenue project were significantly higher than the Engineer's Estimate. The Engineer's Estimate was based on the boring prices received as part of the East Road 40 Sewer Extension project that was previously awarded. B) Even though the size of casing for the bore and the traffic control are more extensive in this project than in the East Lewis Street project, staff feels that the margin of difference in the bid amounts received is not warranted. Staff recommends rejection of all bids. Staff will evaluate the alternatives and rebid the project. 1Q(C) COMMERCIAL AVENUE PRASE III BORE FOSTER WELLS ROAD & STATE ROUTE 395 10-2-01 rosrER w-cLLS ao — PROJECT 2 n < R 1 AREA _ — f o �t / Tt L ORO Sr d? AflG ST a N YETI �� lAS1E9 T zi Ad i i a ' `\ LEW _ S c�7 � NrySN VICINITY MAP City of Pasco Commercial Avenue Phase 3 - Boring SR 395 & Foster Wells Road, Project No. 10-2-01 April 7, 2010 BID SUMMARY Total 1. Gonzales Boring & Tunneling Inc. $241,993.00 2. Ray Poland & Sons, Inc. $286,369.00 3. Armadillo Underground Inc. $368,500.00 Engineer's Estimate $173,452.50 AGENDA REPORT NO. 7 FOR: City Council April 14, 2010 TO: Gary Crutchfik, ,ii--ty vl�yager Robert AlbertWorks Director FROM: Michael McS Engineer Regular Mtg.: 04/19/10 SUBJECT: Award LID 4146-Kurtzman Park Street Improvements, Project #09-3-07 L REFERENCE(S): 1. Vicinity Map 2. Bid Summary I1. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 04/05: MOTION: I move to award the low bid for the LID #146-Kurtzman Park Street Improvements, Project 409-3-07 to Premier Excavation, Inc. in the amount of $511,399.79, including applicable sales tax, and further, authorize the Mayor Pro-Tern to sign the contract documents. III. FISCAL IMPACT: LID Construction Fund Utilitv Fund 1V. HISTORY AND FACTS BRIEF: Al On April 14, 2010, staff received four (4) bids for the LID #146-Kurtzman Paris Street Improvements, Project #09-3-07. The low bid was received from Premier Excavation, Inc, in the amount of $511,399.79, including applicable sales tax. The second lowest bid received was front A&B Asphalt, Inc. in the amount of $550,920.70, including applicable sales tax. The Engineer's Estimate for the project is $601,000.00. V. DISCUSSION: A} This project involves street widening, installation of approximately 6,000 linear feet of curb and gutter, 7,000 linear feet of sidewalk, storm drainage, street lighting and appurtenant utility installation and adjustments. Staff recommends award of the contract to Premier Excavation, Inc. io(d) �o C OZ E AVE C7 Z ELM AVE C {n Al Cf DAR AO� LO U4 y IO y 0 ` k•�l �1 I'T1 y 7F City of Pasco LID #146-Kurtzman Park Street Improvements Project No. 09-3-07 April 14, 2010 BID SUMMARY Total 1. Premier Excavation, Inc. $511 ,399.79 2. A&B Asphalt, Inc. $550,920.70 3. Inland Asphalt, Inc. $643,165.47 4. Granite Northwest, Inc. $7395 030.30 Engineer's Estimate $601 ,000.00