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HomeMy WebLinkAbout2012.10.15 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. October 15, 2012 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 October 1, 2012. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) To approve General Claims in the amount of $1,611,170.31 ($288,811.81 in the form of Electronic Fund Transfer Nos. 11741, 11755, 11782, 11792, 11862, 11872, 11896, 11898, 11906, 11931 and 11944; and $1,322,358.50 in the form of Wire Transfer Nos. 1252 and 1253, and Claim Warrants numbered 189758 through 189991). 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 $195,689.24 and, of that amount, authorize $134,603.81 be turned over for collection. (c) Grant of Easement: 1. Agenda Report from Gary Crutchfield, City Manager dated October 3, 2012. 2. Vicinity Map. 3. Proposed Easement. To approve the grant of easement to Daniel Voss and Linda Edmiston and, further, to authorize the City Manager to sign the document. (d) Second Amendment to Institutional Controls Agreement for Pasco Landfill Site: 1. Agenda Report from Gary Crutchfield, City Manager dated October 3, 2012. 2. Vicinity Map. 3. Proposed Amendment. To approve the Second Amendment to the Pasco Landfill Institutional Controls Agreement and, further, to authorize the City Manager to sign the document. *(e) Final Plat (MF #FP2012 -006) First Place, Phase 4 (Craig Angelo): I. Agenda Report from Dave McDonald, City Planner dated October 10, 2012. 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 www.i)asco-wa.gov/citycouncilreport approve the final plat for First Place, Phase 4. (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) Regular Meeting 2 October 15, 2012 6. REPORTS FROM COMMITTEES AND /OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through September 2012. (c) HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Senior Advisory/Parks & Recreation Advisory Council: 1. Agenda Report from Stan Strebel, Deputy City Manager dated October 2, 2012. 2. Memo from Rick Terway dated September 17, 2012. 3. Proposed Ordinance. 4. Proposed Resolution. Ordinance No. , an Ordinance of the City of Pasco, Washington providing for reorganization of the Park and Recreation Advisory Board. MOTION: I move to adopt Ordinance No. , providing for reorganization of the Park and Recreation Advisory Board and, further, authorize publication by summary only. -AND - Resolution No. , a Resolution confirming Mayoral appointments to the Park and Recreation Advisory Board. MOTION: I move to approve Resolution No. _, providing for appointments to the Park and Recreation Advisory Board. *(b) Resolution No. , a Resolution of the City of Pasco, Washington, waiving competitive bidding requirements for the repair of Senior Center HVAC System on the basis of an emergency and providing for purchase from the single source of supply. 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated October 8, 2012. 2. Proposed Resolution. 3. Quote. (RC) MOTION: I move to approve Resolution No. _, waiving competitive bidding requirements for repair of the HVAC system at the Senior Center and approving the contract with Apollo Sheet Metal Inc., not to exceed $36,649.00 plus sales tax and, further, authorizing the City Manager to sign the agreement. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (None) 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) i U�t�11J t7►1u• I stCY M (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File #...:. Q Quasi - Judicial Matter Regular Meeting 3 October 15, 2012 REMINDERS: 6:00 p.m., Monday, October 15, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 2. 5:30 p.m., Wednesday, October 17 — Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting. ( COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 3. 6:30 p.m., Wednesday, October 17, Richland Library, Gallery Room — WCIA Training "Public Records Disclosure and Social Media for Elected Officials." (COUNCILMEMBERS REBECCA FRANCIK, MIKE GARRISON and AL YENNEY) 4. 7:00 p.m., Wednesday, October 17, Mark Twain Elementary School, 1801 Road 40 North - Annexation Area #2 Neighborhood Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER BOB HOFFMANN) 5. 3:30 p.m., Thursday, October 18, FCEM Office — Franklin County Emergency Management Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER TOM LARSEN, Alt.) 6. 7:30 a.m., Friday, October 19, Richland City Council Chambers — Hanford Communities Governing Board Meeting. ( COUNCILMEMBER MIKE GARRISON, Rep.; AL YENNEY, Alt.) 7. 11:30 a.m., Friday, October 19, El Chapala Restaurant, Kennewick — Benton - Franklin Council of Governments Board Meeting. ( COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 1, 2012 CALL TO ORDER The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Excused: Mike Garrison. 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; Mike Pawlak, City Engineer; Jim Raymond, Police Captain 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 September 4, 2012. (b) Bills and Communications: To approve General Claims in the amount of $1,887,492.83 ($99,021.89 in the form of Electronic Fund Transfer Nos. 11405, 11406, 11442, 11455, 11470 and 11501; and $1,788,470.94 in the form of Wire Transfer Nos. 1244 and 1245 and Claim Warrants numbered 189368 through 189563). To approve General Claims in the amount of $1,415,015.11 ($126,660.06 in the form of Electronic Fund Transfer Nos. 11552 and 11587; and $1,288,355.05 in the form of Wire Transfer Nos. 1242, 1243 and 1246 through 1249 and Claim Warrants numbered 189564 through 189757). To approve Payroll Claims in the amount of $2,116,016.90, Voucher Nos. 44771 through 44904 and 80190 through 80199; and EFT Deposit Nos. 30054400 through 30054978. 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 $265,790.34 and, of that amount, authorize $179,468.85 be turned over for collection. (c) Lodging Tax Advisory Committee Appointments: To confirm the Mayor's appointment of the following individuals to the 2012 Lodging Tax Advisory Committee: Hotel Representatives: Monica Hammerberg, Red Lion and Allison White, Sleep Inn; User Representatives: Colin Hastings, Pasco Chamber of Commerce and Amy Kuchler, Downtown Pasco Development Authority; and City Councilmember Mike Garrison. (d) Reappointment to Regional Public Facilities District Board of Directors: To reappoint Rebecca Francik to the Board of Directors of the Tri- Cities Regional Public Facilities District, term to expire October 1, 2015. (e) Resolution No. 3428, a Resolution authorizing the sale of personal property surplus to city needs. To approve Resolution No. 3428, authorizing the sale of personal property, a 2000 Chevrolet Van 3500, surplus to city needs. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 1, 2012 (f) Resolution No. 3429, a Resolution accepting work performed by Northeast Electric, LLC, under contract for the Argent Road /Saraceno Way/Varney Lane Traffic Improvements, Project No. C1- 11- 03 -STR. To approve Resolution No. 3429, accepting the work performed by Northeast Electric, LLC, under contract for the Argent Road/Saraceno Way/Vamey Lane Traffic Improvements Project. (g) Resolution No. 3430, a Resolution accepting a notice of intent (ten percent petition) to commence annexation proceedings, providing a determination on the territory to be annexed and whether simultaneous zoning and the assumption of bonded indebtedness will be required. To approve Resolution No. 3430, accepting a petition for annexation of the West Court Street Water Intake Property and providing a determination on the boundary, zoning and indebtedness. (h) Resolution No. 3431, a Resolution of the City of Pasco, Washington, authorizing commencement of condemnation litigation for the construction of the Lewis Street Overpass. To approve Resolution No. 3431, authorizing commencement of condemnation litigation for the construction of the Lewis Street Overpass. Removed from Consent Agenda and moved to Item 8(g). MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Amy Kuchler, Executive Director of Downtown Pasco Development Authority, showed before and after photos of Lowe's work at Peanuts Park. Mayor Watkins presented a "Certificate of Appreciation" to Carlos Barrington and Deanna Summerhill from Lowe's Home Improvement of Pasco for renovation of Peanuts Park. Mayor Watkins presented Certificates of Appreciation for September 2012 "Yard of the Month" to: Miguel Lopez, 1808 N. 10th Avenue Richard and Barbara Ding, 4212 W. Henry Street John and Linda Goulet, 5511 Wrigley Drive Timothy and Betsy Kasnick, 10104 Willow Way Mayor Watkins presented a Certificate of Appreciation for September 2012 "Business Appearance of the Month" to: Pizza Hut, 1921 W. Court Street VISITORS - OTHER THAN AGENDA ITEMS: Mr. Mac Miller, Boise Idaho, addressed Council concerning a rock in Volunteer Park. REPORTS FROM COMMITTEES AND /OR OFFICERS: Mr. Yenney reported on the Benton Franklin Community Action Connection meeting. Mr. Larsen attended the Emergency Medical Services Board meeting and the Ribbon Cutting Ceremony at the new 2nd Harvest Distribution Center. Mr. Hoffmann reported on the Ribbon Cutting Ceremony at the new 2nd Harvest Distribution Center and the Franklin County Mosquito Control District Board meeting. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 1, 2012 ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Ordinance No. 4074, an Ordinance of the City of Pasco, Washington amending Chapter 5.25 and Chapter 3.07 of the Pasco Municipal Code, regarding Street and Intersection Closures. Council and staff discussed the details of the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4074, amending Chapter 5.25 and Chapter 3.07 of the Pasco Municipal Code, regarding street and intersection closures and, further, to authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Ordinance No. 4075, an Ordinance of the City of Pasco, Washington, amending the Zoning Classification of Lots 1 and 2 of Binding Site Plan 2011 -05, located at 3521 W. Court Street from CR (Regional Commercial District) to C -1 (Retail Business District). Mr. Kerr explained the details of the Quasi - Judicial process. Mr. Larsen disclosed he had conversations with residents in the area of the proposed zoning amendment. He recused himself from this item and the next item, Resolution 3432, and left the Council Chambers. Ms. Francik disclosed that a citizen contacted her about the rezone, but she declined to discuss the issue. There was no objection to her participation in this matter. Mr. Martinez disclosed that a citizen shared his opinion of this issue. He did not discuss the item further. There was no objection to his participation in this matter. Council and staff discussed the proposed zoning amendment MOTION: Ms. Francik moved to adopt Ordinance No. 4075, rezoning the property located at 3521 W. Court Street from CR to C -1 and, further, to authorize publication by summary only. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. Resolution No. 3432, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of Donation -Based Thrift Shop at 3521 W. Court Street. Council and staff discussed the proposed special permit. Ms. Carolyn Walker, 1705 Rd 36, expressed concerns about the site plan. Mayor Watkins responded that Council could not consider additional information. MOTION: Ms. Francik moved to approve Resolution No. 3432, approving a Special Permit for the location of a donation -based thrift shop at 3521 W. Court Street as recommended by the Planning Commission. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. Mr. Larsen returned to the Council Chambers. Resolution No. 3433, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of a cellular antenna tower at 9335 Sandifur Parkway. Mr. White explained the details of the proposed special permit. MOTION: Ms. Francik moved to approve Resolution No. 3433, approving a Special Permit for the location of a cellular antenna tower at 9335 Sandifur Parkway as recommended by the Planning Commission. Mr. Martinez seconded. Motion carried 5 -1. No — Larsen. MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 1, 2012 Resolution No. 3434, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a church at 605 North 5th Avenue. Mr. White explained the details of the proposed special permit. MOTION: Ms. Francik moved to approve Resolution No. 3434, approving a Special Permit for the location of a church at 605 North 5th Avenue as recommended by the Planning Commission. Mr. Martinez seconded. Motion carried unanimously. Resolution No. 3435, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of an elementary school. Council and staff discussed the details of the proposed special permit. MOTION: Ms. Francik moved to approve Resolution No. 3435, approving a Special Permit for an elementary school at the intersection of Spokane Street and North California Avenue as recommended by the Planning Commission. Mr. Yenney seconded. Motion carried unanimously. Resolution No. 3431, a Resolution of the City of Pasco, Washington, authorizing commencement of condemnation litigation for the construction of the Lewis Street Overpass. MOTION: Ms. Francik moved approve Resolution No. 3431, authorizing commencement of condemnation litigation for the construction of the Lewis Street Overpass. Mr. Martinez seconded. Motion carried 5 -1. No — Larsen. NEW BUSINESS: Linda Loviisa Well Construction, Project No. C7- WX- IR- 12 -02: Council and staff discussed the details of the project. Ms. Francik recused herself from this item due to family members potentially being involved with the project. MOTION: Ms. Francik moved to award the low bid for Linda Loviisa Well Construction, Project No. C7- WX- 1R -12 -02 to Carpenter Drilling in the amount of $113,541.30 including sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Yenney seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Mayor Watkins announced there will be a gathering for Mr. John Trumbo, retiring Tri- City Herald reporter, Friday Oct 5`h from 2 -4 p.m. at the Herald offices. Mayor Watkins also noted he appreciates Council's diligence in the handling of Quasi - Judicial matters. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:24 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 15 `h day of October, 2012. CITY OF PASCO Council Meeting of: October 15, 2012 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 rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligation against the city and that we are authorized to authenticate and certify to said claim. Gary Crutchfield, City Manager unyele Mason, Fine e 5 rvices Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 15th day of October, 2012 that the merchandise or services hereinafter specined have been received Check Numbers and 189758 - 189991 In The Amount Of: $1,322,358.50 Electronic Funds Transfers: 1252-1253 In The Amount Of: $ 288,811.81 Electronic Funds Transfers: 11741, 11755, 11782, (Journal Entries) 11792, 11862, 11872 Combined total of $1,611,170.31 11896,11898,11906 11931,11944 Couhcilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental Library TOTAL GENERAL FUND: STREET ARTERIAL STREET STREET OVERLAY C. D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMNT LODGING LITTER CONTROL REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVEL.& INFRASTRUCT STADIUM /CONVENTION CENTER GENERAL CAP PROJ CONSTRUCTION WATER /SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL- REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE CENTRALSTORES PAYROLL CLEARING LID CONSTRUCTION GENERAL L -T DEBT ACCT GROUP PUBLIC FACILITIES DIST TRI CITY ANIMAL CONTROL SENIOR CENTER ASSOCIATION GRAND TOTAL ALL FUNDS: 21,914.16 3,551.56 15,904.96 28,127.45 74,926.15 455.32 375.60 9,543.38 93,719.28 248,837.86 14,316.90 0.00 122,996.73 4,342.56 148.50 1,292.70 23,644.91 3,404.95 587.40 47,491.56 2,425.59 1,034.44 72.00 17,742.45 0.00 0.00 29,327.17 29.52 124.80 $ 1,611,170.31 AGENDA REPORT FOR: City Council � DATE: October 10, 2012 TO: Gary Crutchft anger REGULAR: October 15, 2012 t Rick Terway, .Atdmi tive & Co Ity Services Director FROM: Dunyele Masod, Financial Services Manager DV-/- SUBJECT: BAD DEBT WRITE -OFF'S /COLLECTION. I. REFERENCE (S): Write -off and collection lists are on file in the Finance Department. It. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts; and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $195,689.24 and, of that amount, authorize $134,603.81 be turned over for collection. lll. HISTORY AND FACTS BRIEF: I. 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. COURT ACCOUNTS RECEIVABLE - These are all delinquent non - criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un- collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY — These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b).2 Amount Direct Referred to Total Write -offs Collection Write -offs Utility Billing $ .00 .00 .00 Ambulance $ 60,961.43 14,573.37 75,534.80 Court A/R $ .00 118,149.00 118,149.00 Code Enforcement $ 124.00 1,312.00 1,436.00 Cemetery $ .00 541.44 541.44 General $ .00 28.00 28.00 Miscellaneous $ .00 .00 .00 TOTAL: $ 61,085.43 134,603.81 195,689.24 IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b).2 FOR: FROM: SUBJECT: I. II. AGENDA REPORT City Council Gary Crutch fie Manager Grant of Easement REFERENCE(S): 1. Vicinity Map 2. Proposed Easement October 3, 2012 Workshop Mtg.: 10/8/12 Regular Mtg.: 10/15/12 ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/8: Discussion 10/15: MOTION: I move to approve the grant of easement to Daniel Voss and Linda Edmiston and, further to authorize the City Manager to sign the document. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) Daniel Voss and Linda Edmiston have used an access, north of and adjacent to the city's farm circle, for several years. They recently paved the access and, due to the requirements of the lender on their property, are seeking to formalize their access to avoid any further conflicts in use or title to the property. B) The city's grant of a 30 -foot easement for ingress and egress will allow it to be a good neighbor. The easement presents no conflict with the city's use of its property and in fact, improves the city's access to that portion of its property. V. DISCUSSION: A) Staff recommends approval of the easement. C 1 Vicinity Map Voss Easement _�e f If` • • I • Vicinity Map WHEN RECORDED RETURN TO: Daniel R. Voss 1280 Voss Road Pasco, WA 99301 EASEMENT OF INGRESS AND EGRESS FOR VALUABLE CONSIDERATION RECEIVED, the City of Pasco, Washington, a Municipal Corporation, hereinafter "Grantor ", grants to and conveys to Daniel R. Voss and Linda L. Edmiston, husband and wife, and Voss Farms Limited Partnership, their heirs, successors, assigns, and invitees, hereinafter "Grantees ", a non - exclusive surface easement of ingress and egress over the following described real property situate in Franklin County, Washington: The Northerly 30 feet of the Easterly 90 feet of the NE 1/4 of Section 2, Township 9, Range 30 EWM, in Franklin County, Washington. The Grantee shall be responsible for any and all costs, damages, and expenses arising from the use, operation and maintenance of this easement for ingress and egress; and shall defend, indemnify, and hold the Grantor harmless from and against any costs, claims, losses, damages, expenses, judgments, and causes of action the Grantor may incur arising out of, or in connection with Grantee's negligence acts or omissions in the use or maintenance of the premises. Such easement shall run with the Grantee's benefitted land but shall not be assigned or conveyed to or for the benefit of any other property. In the event any claim or dispute arises as a result of this agreement, the parties shall meet in a good faith attempt to resolve such dispute, and in the event such dispute or claim cannot be resolved by agreement of the parties, such dispute shall be resolved by binding arbitration pursuant to RCW 7.04A; with venue for such arbitration being in Pasco, Washington; and the prevailing party awarded its reasonable attorney fees as a cost of arbitration. IN WITNESS WHEREOF, the parties have executed this Easement of Ingress and Egress by and through their authorized representatives this day of October, 2012. CITY OF PASCO, WASHINGTON Gary Crutchfield, City Manager STATE OF WASHINGTON ) ss. County of Franklin On this day of , 2012, before me personally appeared Gary Crutchfield, City Manager for the City of Pasco, described in and who executed the foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year first written above. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Voss Farms Limited - Easement of Ingress and Egress - Page 2 FOR: City FROM: Gary SUBJECT: Seco. I. REFERENCE(S): 1. Vicinity Map. 2. Proposed Amendment AGENDA REPORT Manager October 3, 2012 Workshop Mtg.: 10/8/12 Regular Mtg.: 10/15/12 Institutional Controls Agreement for Pasco Landfill Site II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/8: Discussion 10/15: MOTION: I move to approve the Second Amendment to the Pasco Landfill Institutional Controls Agreement and, further, to authorize the City Manager to sign the document. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) As a result of land and groundwater contamination resulting from activities at the Pasco Landfill Site, the Department of Ecology issued an initial enforcement order in 1994, with subsequent orders in 2000, binding the "potentially liable parties" (PLPs) to undertake certain remedial and monitoring activities. B) Pasco, together with Franklin County and the City of Kennewick became parties to the Institutional Controls Agreement (ICA) designed to implement the required action under the Department of Ecology (DOE) order. Essentially, Pasco's responsibilities under the ICA include land use controls and the extension of public water systems to allow for the replacement of wells relying on groundwater, plus monitoring to assure that contaminated groundwater is not used for human consumption. C) Many of the PLPs now intend to enter into a new agreed order with DOE which will require new feasibility work while continuing all activities necessary to maintain interim remedial actions at the landfill site. As the new order will supersede previous DOE orders, it is the intent of the parties to enter into a Second Amendment to the original ICA, thus reflecting the new DOE order. D) Pasco's obligations under the Second Amendment are identical to the existing (prior) agreement. The Engineering Division confirms that, since the original agreement in 2000, all of the wells in the contaminated "plume" area have been identified and inventoried and each is on a parcel of land which is adjacent to a street which contains a city waterline, therefore the city has no additional liability for new waterline extensions. V. DISCUSSION: A) Staff recommends approval of the Second Amendment. 3(d) Exhibit A -1 -Pasco Landfill NPL Site .. 1 ' I 1 -1 kill, . I �� Groundwater Plume - approximate limits • - ! City of Pasco Groundwater Protection Area ® Franklin county Groundwater Protection Area .� • Q Pasco Sanitary L andfill Property Boundary 3 — Roadways io sr l ST NOTE: Site encompasses both the landfill property as well as the off -site groundwater plume area y2 ANCHOR Feet 1[,,o 1,000 2,000 OEA �` �" 77111rJYy 1 a Z ER ;r I' / /I Exhibit A -1 Pasco Landfill NPL Site SECOND AMENDMENT TO INSTITUTIONAL CONTROLS AGREEMENT THIS SECOND AMENDMENT ("Amendment ") to the Institutional Controls Agreement Among the Landfill Group, Philip Entities, the IWAG, the City of Pasco, the City of Kennewick, and Franklin County dated December 2000, and as first amended March 2001 (the "ICP Agreement "), is made and entered into by and between the individual members of the Industrial Waste Area Generator Group III ( "IWAG Group III "), an association of individual members operating in the State of Washington, the individual members of the Landfill Group (the "LFG "), an association of individual members operating in the State of Washington, the Cities of Pasco and Kennewick, Washington municipal corporations, and Franklin County (the "County "), a political subdivision of the State of Washington. The Cities of Pasco and Kennewick and Franklin County shall be referred to in this Amendment as the "Municipalities." The members of IWAG Group III and the LFG, as of the Effective Date, are listed in Exhibit A to this Amendment. The individual members of IWAG Group III, the LFG, the Cities of Pasco and Kennewick, and the County are sometimes referred to in this Amendment individually as "Party" and collectively as the "Parties." RECITALS A. The Washington Department of Ecology ( "Ecology ") has identified many of the Parties as potentially liable persons ( "PLPs ") under Washington's Model Toxics Control Act ( "MTCA "), chapter 70.105D RCW, for the investigation and cleanup of environmental contamination at what is known as the Pasco Landfill Site (the "Site "). B. Many of the Parties intend to enter into an Agreed Order with Ecology (the "Order ") that shall require the signatories to, among other things, (1) perform a Site -wide Focused Feasibility Study and (2) continue all activities necessary to maintain existing interim remedial actions at the Site. Upon the entry of the Order by Ecology, it will supersede and replace Agreed Order Nos. DE OOTCPER -1324 and DE OOTCPER -1326. C. On December 31, 2003, the U.S. Bankruptcy Court for the Southern District of Texas, entered a Settlement Agreement and Consent Decree in the matter In re: Philip Services Corporation, et al., Case No. 03- 37718 -H2 -11 (Bankr. S.D. Tex.), under which the Philip Entities listed on Exhibit B of the ICP Agreement (as well as Philip Services Corporation and other affiliated entities) resolved all liability for the Site. As a consequence, the Philip Entities are no longer a party to the ICP Agreement and their signature is not required to amend the ICP Agreement. D. Under the ICP Agreement, the Parties agreed, among other things, that the County and Pasco would implement the Institutional Controls Program ( "ICP ") at their own expense. Pasco additionally agreed contingently to extend at its own expense its municipal drinking water system to serve residences whose wells are within the Site's Groundwater Protection Area. SECOND AMENDMENT TO INSTITUTIONAL CONTROLS AGREEMENT 692976.1/016691.00001 2023 002 ia201701 E. The Parties intend that this Amendment recognize: (1) that the County's and Pasco's obligations to implement the ICP under the ICP Agreement remain in full force and effect, and (2) the County's and Pasco's additional obligations to implement additional, applicable ICP activities required under Subtask F of Task I of the Scope of Work ("SOW") attached to the Order as Exhibit B. NOW, THEREFORE, the Parties agree that the ICP Agreement is amended as follows: AMENDMENT Section L(d) of the ICP Agreement is amended as follows: (d) "Ecology Orders" means, collectively, Agreed Order No. DE 9240 issued by Ecology on , 2012, and Enforcement Order No. DE 9406 issued by Ecology on , which supersedes and replaces Agreed Order No. DE OOTCPER -1324, Agreed Order No. DE OOTCPER -1326, and Enforcement Order DE OOTCPER -1325. 2. Section 2.(a) of the ICP Agreement is amended as follows: (a) Pasco and the County shall, at their own expense, and to the satisfaction of Ecology, continue to implement the ICP and the additional, applicable ICP activities required under Subtask F of Task l of the Scope of Work attached to Ecology Order No. DE 9240, as required under the Ecology Orders. In addition, Pasco shall, at its own election or if the PLPs at the Site are ordered by Ecology, extend the municipal drinking water system at its own expense (or through grants or the LID Process) to serve the residences whose wells are within the Groundwater Protection Area. THE CITY OF PASCO, WASHINGTON Date signed: 2012 The City of Pasco, Washington M Its: SECOND AMENDMENT TO INSTITUTIONAL CONTROLS AGREEMENT 692976.1/016691.00001 2023 002 ta201701 EXHIBIT B Subtask F: Institutional Controls Major Elements: Institutional Controls shall be implemented in accordance with WAC 173 - 340 - 440(1). Institutional Controls are intended to prohibit activities that may interfere with the integrity of existing and future remedial actions and limit activities that may result in exposure of humans to hazardous substances from the Pasco Sanitary Landfill Site. Institutional Controls shall apply to the area shown on Exhibit A to this Order. Any restrictive covenants shall contain all elements of WAC 173 - 340 - 440(9). Ground water restrictions in the form of zoning and /or building overlays have been implemented by PLPs, the City of Pasco and Franklin County, respectively, through an agreement between these jurisdictions and the other PLPs. These ground water restrictions shall continue to apply within the area shown on Exhibit A of the Agreed Order and shall provide for appropriate access and enforcement provisions. Ecology retains the right to review and approve any legislative action taken by the City of Pasco and /or Franklin County to institute the required ground water restrictions. The AO PLPs retain ultimate overall responsibility for implementation of institutional controls at this site. In accordance with WAC 173 - 340 - 840(5), the AO PLPs shall submit sampling data according to Ecology Environmental Information Data Submittal Guide. Data shall be formatted for entry into Ecology's Environmental Information Management (EIM) database. Key Institutional Control elements for the Pasco Sanitary Landfill Site include: • Site Access Controls, including fencing, signage and restrictive covenants • Ground Water Restrictions in the form of zoning and /or building overlays • Annual Update of Beneficial Use Survey within the Ground Water Protection Area • The potential for groundwater monitoring data to require expanding the Ground Water Protection Area Deliverables: Updated Institutional Controls Plan Applicable additions to Quarterly and Annual Reports under Subtask E Subtask G: Monthly AO PLP Project Status Reports Progress reports shall be completed on a monthly basis or on an alternative frequency approved by Ecology. They shall contain: 1. A list of on -site activities that has taken place during the period; 2. A detailed description of any deviations from required tasks not otherwise documented in project plans; 3. Descriptions of all deviations from the schedule, and planned deviations in the upcoming month; 4. Work in progress; and 5. A list of deliverables for the upcoming month. AGENDA REPORT FOR: City Council ` / October 10, 2012 � TO: Gary Crutchfield, City Manager r�pv N Regular Mtg.: 10/15/12 Rick White, Community & Economic Development Director Y FROM: David I. McDonald, City Planner Y SUBJECT: FINAL PLAT (MF# FP 2012 -006) First Place, Phase 4 (Craig Angelo) I. REFERENCE(S): I. 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 http://www.nasco- wa. gov /citycouncilreports). II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/15: MOTION: I move to approve the final plat for First Place, Phase 4. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. City Council previously approved a preliminary plat for the First Place subdivision. The developer is now seeking final plat approval for Phase 4. B. First Place subdivision is a single - family residential development located west of Road 44 and north of the FCID irrigation canal. 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(e) GENERAL FUND OPERATING STATEMENT THROUGH SEPTEMBER 2012 TOTAL EXPEND & END FUND BAL 33,877,144 42,314,656 AVAILABLE CASH BALANCE 7,960,125 PERCENTAGE OF BUDGET ALLOCATED FOR 9 MONTHS ' $1,650,000 early pay -off 2002 LTGO These statements are intended for Management use only. 75% 33,091,699 36,371,124 9,323,180 K!' YTD 2012 % OF YTD TOTAL % OF 2012 ORIGINAL ANNUAL 2011 2011 TOTAL ACTUAL BUDGET BUDGET ACTUAL BUDGET ACTUAL REVENUE SOURCES: TAXES: PROPERTY 3,528,690 6,200,000 56.9% 3,427,632 6,000,000 57.1% SALES 6,870,330 8,265,000 83.1% 6,644,670 8,225,000 80.8% UTILITY 6,082,579 7,751,660 78.5% 5,889,901 7,560,000 77.9% OTHER 821,495 1,035,000 79.4% 819,303 1,015,000 80.7% LICENSES & PERMITS 1,345,098 1,093,700 123.0% 1,365,776 1,052,650 129.7% INTERGOV'T REVENUE 1,544,238 1,679,700 91.9% 1,554,788 1,632,200 95.3% CHARGES FOR SERVICES 3,044,449 4,531,330 67.2% 2,621,059 3,007,750 87.1% FINES & FORFEITS 609,217 977,200 62.3% 681,380 971,600 70.1% MISC. REVENUE 572,422 672,245 85.2% 597,892 634,200 94.3% OTHER FINANCING SOURCES 122,108 138,000 88.5% 75,000 100,000 75.0% TOTAL REVENUES 24,540,626 32,343,835 75.9% 23,677,400 30,198,400 78.4% BEGINNING FUND BALANCE 9,336,518 6,762,489 9,414,299 6,000,118 TOTAL SOURCES 33,877,144 39,106,324 86.6% 33,091,699 36,198,518 91.4% EXPENDITURES: CITY COUNCIL 84,088 118,807 70.8% 78,083 118,040 66.1% MUNICIPAL COURT 970,930 1,335,634 72.7% 905,780 1,275,150 71.0% CITY MANAGER 709,374 951,034 74.6% 663,708 915,410 72.5% POLICE 8,024,913 11,449,715 70.1% 8,042,026 11,284,368 71.3% FIRE 3,165,022 4,164,541 76.0% 3,039,922 4,193,418 72.5% ADMIN & COMMUNITY SVCS 4,747,411 6,456,743 73.5% 4,437,032 5,595,700 79.3% COMMUNITY DEVELOPMENT 860,150 1,208,878 71.2% 744,751 1,101,400 67.6% ENGINEERING 948,042 1,514,469 62.6% 943,864 1,193,280 79.1% MISC. NON-DEPARTMENT 5,050,487' 7,203,966 70.1% 6,671,364 3,545,360 188.2% LIBRARY 859,711 1,148,380 74.9% 986,810 1,148,880 85.9% TOTAL EXPENDITURES 25,420,128 35,552,167 71.5% 26,513,340 30,371,006 87.3% ENDING FUND BALANCE 8,457,016 6,762,489 6,578,359 6,000,000 TOTAL EXPEND & END FUND BAL 33,877,144 42,314,656 AVAILABLE CASH BALANCE 7,960,125 PERCENTAGE OF BUDGET ALLOCATED FOR 9 MONTHS ' $1,650,000 early pay -off 2002 LTGO These statements are intended for Management use only. 75% 33,091,699 36,371,124 9,323,180 K!' FOR: City Council TO: Gary Crutchfiegt�2 FROM: Stan Strebel, De `puty AGENDA REPORT Manage SUBJECT: Senior Advisory /Parks & Recreation Advisory Council I. REFERENCE(S): Memo from Rick Terway dated September 17, 2012 Proposed Ordinance Proposed Resolution October 2, 2012 Workshop Mtg.: 10/8/12 Regular Mtg.: 10/15/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/8: DISCUSSION 10/15: MOTION: I move to adopt Ordinance No. , providing for reorganization of the Park and Recreation Advisory Board and, further, authorize publication by summary only. 10/15: MOTION: I move to approve Resolution No. , providing for appointments to the Park and Recreation Advisory Board. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Over the last several years, it has become increasingly difficult to find citizens who are willing to serve on the Senior Services Advisory Committee. With five voting members (four appointed by the Mayor, one ex- officio as President of the Senior Citizens Association) authorized, there are currently only two active members at this time. Extensive efforts to recruit interested citizens have been unsuccessful. B) The Parks and Recreation Advisory Board consists of seven voting members and has been active for several years. Because senior programs are administered within the City's Recreation Services Division, it would seem reasonable to include the Senior Advisory function within the Parks and Recreation Advisory Board. (As mentioned in Rick Terway's memo, this is currently the committee arrangement in both Richland and Kennewick.) C) At the September meeting of the Park and Recreation Advisory Board, which included active members of the Senior Advisory Committee, as well as City Council liaison members Martinez and Larsen, the concept of combining the two groups was reviewed and recommended by vote of those attending. Specifically, the Parks and Recreation Advisory Board could be reorganized to consist of nine voting members (appointed by the Mayor) with two of the members being active participants at the Senior Center. V. DISCUSSION: A) Staff recommends approval of the attached Ordinance, reorganizing the Parks and Recreation Advisory Board and repealing conflicting resolutions and sections of the PMC. B) Staff also recommends approval of the attached resolution appointing current members of the Senior Advisory Committee to the Park and Recreation Advisory Board. For convenience, the resolution also outlines the remaining appointments to the Advisory Board. Council will notice that there is currently one vacancy and one expired term (though the member is continuing to serve, pending reappointment or replacement). It is anticipated that these positions can be considered after the first of the year together with other boards and commissions as is Council's current practire. 8(a) Administrative & Community Service Department September 17, 2012 Memorandum To: Gary Crutchfield, City Manager From: Rick Terway, Director A &CS ag �,t(.i� Subject: Parks and Recreation Advisory Council At the September 6th Parks and Recreation Advisory Council meeting, the two current members of the Senior Services Advisory Committee were invited to discuss the possibility of combining the two boards into one body, included were both City Council liaisons. Staff laid out the basic concept to the members and explained that the Senior Center report would be added to the regular agenda and reported to the full body just as they currently do at the Senior Services Advisory Committee. After comments from all members, it was moved and approved to recommend joining the two boards. The Parks and Recreation Advisory Council was formed by Resolution #818 in June of 1970. It establishes a 7 member body appointed by the Mayor and confirmed by the Council. It also defines the terms of the members and that no compensation will be given. The Senior Services Advisory Committee was created by Ordinance #3317 in 1998 and is in PMC 2.30. The structure is much the same as the park board with a five member board, with one member appointed from the Senior Citizens Association without being appointed by the Mayor. A new Ordinance could be drafted to rescind Ordinance #3317 and Resolution #818 and form a new structure of a nine person board of which two members should be active with the Senior Center. The current Senior Citizens Association has chosen not to appoint a member to the Senior Advisory Board. It is common practice with many cities to include the Senior Center as part of the Parks and Recreation Department and to utilize one citizen advisory board for all matters. Both Kennewick and Richland only have a Park and Recreation Commission. ORDINANCE NO. An Ordinance of the City of Pasco, Washington providing for reorganization of the Park and Recreation Advisory Board. WHEREAS, the City Council has determined that the Senior Services Advisory Committee is no longer necessary in its present constitution and that the functions of the Committee can be performed by the Park and Recreation Advisory Board; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 2.30 of the Pasco Municipal Code, entitled Senior Services Advisory Committee is hereby repealed in its entirety. Section 2. That Resolution No. 818, a Resolution creating a Park and Recreation Advisory Board, is hereby repealed in its entirety. Section 3. That Resolution No. 871, a Resolution amending Resolution No. 818, is hereby repealed in its entirety. Section 4. That there is hereby created a new Chapter 2.32 — PARK AND RECREATION ADVISORY BOARD of the Pasco Municipal Code to read as follows: 2.32 PARK AND RECREATION ADVISORY BOARD 2.32.010 Advisory Board Created. There is hereby established a Park and Recreation Advisory Board for the City of Pasco, which shall advise the City Council on matters relating to park and recreation programs, including senior citizen programs, and recreation facilities of the City; and which shall perform such other functions as may be assigned to it from time to time by the City Council. 2.32.020 Membership. The Board shall consist of nine (9) members, a minimum of two of which shall be at least 50 years of age, all of whom shall be residents of the City of Pasco. Members shall be appointed by the Mayor and confirmed by the City Council. 2.32.030 Term of Office. The members shall serve for terms of three (3) years, or until appointment of a successor member, whichever is later; provided, however, that appointments for terms of less than three years may be made to achieve staggering of terms so that the terms of three members of the Board shall expire each year. 2.32.040 Rules of Procedure. The Board shall annually elect its own chairman, shall keep records of its meetings which shall be open to public inspection, and shall establish the procedures which it shall follow for conducting its meetings and transacting business before it. 2.32.050 No Compensation. The Board members shall not receive any salary or other compensation for services performed and shall hold office at the pleasure of the Mayor. 2.32.060 Staff Support. A staff member appointed by the City Manager shall be the staff liaison officer for the Board and, in this capacity, shall represent the day -to -day interests of the City as they relate to the business of the Board. The staff liaison officer shall serve as secretary for the Board, including preparation of agendas and minutes of meetings, and other related clerical duties. Section 4. 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 15th day of October, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Chapter 2.32 — Park and Recreation Advisory Board Page 2 Resolution No. A Resolution confirming Mayoral appointments to the Park and Recreation Advisory Board. WHEREAS, the City Council has determined to dissolve the Senior Services Advisory Committee and incorporate the Committee functions with the Park and Recreation Advisory Board and to expand the membership of the Board from seven to nine members; and, WHEREAS, the Mayor has determined to appoint currently- serving members of the Senior Services Advisory Committee to the Parks and Recreation Advisory Board; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The Council confirms appointments to the Park and Recreation Advisory Board with terms as follows: Member Term Expiration Date Position No. 8 — Jim Michaud 02/02/15 Position No. 9 — Richard Brandt 02/02/14 Section 2. All other current members of the Parks and Recreation Advisory Board are re- confirmed with terms as follows: Member Term Expiration Date Position No. 1 — Joel Nimmo 02/02/14 Position No. 2 — Thomas Davenport 02/02/14 Position No. 3 — VACANT 02/02/15 Position No. 4 — Duane Taber 02/02/13 Position No. 5 — Edmon Daniels 02/02/12 Position No. 6 — Michael Mathews 02/02/13 Position No. 7 — Abigail Kidd 02/02/13 by law. Section 3. This Resolution shall be in full force and effect after its passage as required PASSED by the City Council of the City of Pasco, this 15th day of October, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney FOR: City Council TO: FROM: SUBJECT: I. H. AGENDA REPORT OCTOBER 8, 2012 Gary Crutchfield, City Man er y y Regular Mtg.: 10/15/2012 Rick Terway, Director, Adm' e &Community Services Senior Center HVAC System Repairs REFERENCE(S): 1. Proposed Resolution 2. Quote ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/15: MOTION: I move to approve Resolution No. waiving competitive bidding requirements for repair of the HVAC System at the Senior Center and approving the contract with Apollo Sheet Metal Inc., not to exceed $36,649.00 plus sales tax and authorizing the City Manager to sign the agreement. III. FISCAL IMPACT: $ 36,649.00 plus sales tax IV. HISTORY AND FACTS BRIEF: A) A major component, the air handling system, of the HVAC system at the Senior Center has failed. Estimated cost of repair with new components is $36,649.00. The center is scheduled for various events and is used daily for Meals on Wheels. We have received complaints from the users that it is cold. The seniors are considered a vulnerable population, therefore an emergency exists and it is necessary to move forward with the repairs, under RCW 39.04.020 per discussion with Mr. Kerr, City Attorney. V. DISCUSSION: A) The current air handler is not repairable and must be replaced with a complete new system. We are in the heating season and need to repair the HVAC System before any major damage is done to the interior pipes as well as for the comfort of those using the building. B) Staff recommends approval of the proposed resolution. ME RESOLUTION NO. A RESOLUTION of the City of Pasco, Washington, waiving competitive bidding requirements for the repair of Senior Center HVAC System on the basis of an emergency, and providing for purchase from the single source of supply. WHEREAS, the City has sustained an unforeseen failure of the HVAC System Air Handler that provides heating for Senior Center resulting in a risk of further damage to the heating system and a loss of heat in the Senior Center; and WHEREAS, the current HVAC components are outdated and can no longer be repaired, they must be replaced with new and be compatible with the existing components of the heating system and the electronic control system within Senior Center; and WHEREAS, immediate action is necessary to meet this real and immediate threat to the proper performance of essential functions of the City, and to avoid material loss or damage to the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That pursuant to RCW 39.04.280(1), the City Council of the City of Pasco waives the competitive bidding requirements for the purchase and installation of a new Carrier direct replacement model #40RUAA16A2A Air Handler with a new 38AUDA16A05 air cooled condensing unit R 410A refrigerant within Senior Center; and further to approve the Public Works Contract for the purchase and installation of said parts for Senior Center from Apollo Sheet Metal, Inc., not to exceed $36,649.00 plus sales tax; and authorizes the City Manager to sign the agreement for such purchase and installation. PASSED by the City Council of the City of Pasco this _ day of October, 2012. CITY OF PASCO: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Alo Sheet Metal, Inc. 6, Reg. No. NPOLLSMI87MK OR CCB No. 56241 October 9, 2012 City Of Pasco 525 3`1 Ave Pasco,Wa 99301 Re: Senior Center PO Box 7287 1207 W. Columbia Drive Kennewick, WA 99336 Ph 509 -586 -1104 Fax 509 - 582 -6590 www.aoollosm.com • Apollo Sheet Metal Inc proposes the following installation. • Remove existing split system and dispose. • Install a new 12.5 ton Carrier rooftop HVAC unit on a stand. Route duct through roof down to existing supply and return duct work. • All necessary duct work transitions to existing duct work. • High and low voltage electrical connections. • All refrigerant, gas and condensate piping. • Rigging and hoisting. • Complete start up and operational check. Price $ 36,649.00 Plus Tax. Auth sig Any questions please call, Thanks Gene Batey An equal opporlunily employer