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HomeMy WebLinkAbout2005.11.21 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. November 21,2005 1. CALL TO ORDER 2. ROLL CALL: Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated November 7, 2005. (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$3 018,436.59 $83,481.66 being in the form of pp ( g Wire Transfer Nos. 4428 and 4432 and, $2,934,954.93 consisting of Claim Warrants numbered 151720 through 151930). 2. To approve bad debt write-offs for utility billing, ambulance, cemetery and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of $232,496.96 and, of that amount, authorize$159,370.00 be turned over for collection. *(c) Final Plat—Loviisa Farms 11, Phase 6 (Aho Construction) (MF#05-120-FP): 1. Agenda Report from David I. McDonald, City Planner dated November 16, 2005. 2. Copy of Final Plat (Council packets only; copy available in Planning Office for public review). 3. Vicinity Map. To approve the final plat for Loviisa Farms II, Phase 6. (d) Resolution No.2911., a Resolution allocating estimated 2006 Federal HOME Funds. 1. Agenda Report from Richard J. Smith, Community & Economic Development Director and Cruz Gonzalez, Urban Development Coordinator dated November 9, 2005. 2. Resolution allocating 2006 HOME funds. To approve Resolution No. 2911, allocating 2006 HOME Funds. (e) Resolution No. 2912, a Resolution allocating HOME Funds for the purchase of two vacant lots on 5t"Avenue. 1. Agenda Report from Richard J. Smith, Community & Economic Development Director and Cruz Gonzalez,Urban Development Coordinator dated November 9, 2005. 2. Resolution Appropriating HOME Funds to purchase vacant lots. 3. Map. To approve Resolution No. 2912, appropriating HOME Funds to purchase two vacant lots on South 5"'Avenue. (f) Resolution No. 2913,a Resolution concerning the Pasco Plateau Irrigation System Plan. I. Agenda Report from Robert J. Alberts,Public Works Director dated November 15, 2005. 2. Resolution. 3. Pasco Plateau Irrigation System Plan (Plans provided in 11114 Council packets; copies available for public inspection at the Pasco Library and the Public Works Director's office at City Hall). To approve Resolution No. 2913, declaring Council's acceptance of the Pasco Plateau Irrigation System Plan prepared by CH2M Hill. *(g) Resolution No. 2914, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of North Wehe Avenue. 1. Agenda Report from David I. McDonald, City Planner dated November 16, 2005. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition. To approve Resolution No. 2914, fixing 7:00 p.m., December 19, 2005 as the time and date for a public hearing to consider the proposed vacation. Regular Meeting 2 November 21,2005 *(h) Resolution No. 2915, a Resolution fixing the time and date for a public hearing to consider the vacation of all streets in Binding Site Plan #2001-04. 1. Agenda Report from David I. McDonald, City Planner dated November 16, 2005. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition. To approve Resolution No. 2915, fixing 7:00 p.m., December 19, 2005 as the time and date for a public hearing to consider the proposed vacation. (RQ MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) Carol Ehlinger, Regional Audit Manager, will present a letter of recognition to Mayor Mike Garrison on behalf of the Washington State Auditor's Office. (b) (c) 5. 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 October 2005. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) S. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance relating to the waterworks utility of the city, including the sanitary sewerage system and the system of storm or surface water sewers as a part thereof; adopting a system or plan of additions to and betterments and extensions of the waterworks utility of the city; providing for the issuance and sate of$4,400,000 par value of water and sewer revenue bonds, 2005, for the purpose of carrying out the system or plan adopted by this ordinance and to pay the cost of issuing and selling those bonds; fixing the date, form, denomination, maturities, interest rates, terms and covenants of the bonds authorized herein; (providing for bond insurance); and providing for the sale and delivery of the bonds to Banc of America Securities LLC of Seattle, Washington. 1. Agenda Report from Jim Chase,Finance Manager dated November 9, 2005. 2. Draft of Proposed Ordinance. 3. Preliminary Official Statement. (References in Council Packets only; copy available in Finance Manager's office and the Pasco Library for public review.) MOTION: I move to adopt Ordinance No. , an ordinance relating to the waterworks utility of the city, including the sanitary sewerage system and the system of storm or surface water sewers as a part thereof; adopting a system or plan of additions to and betterments and extensions of the waterworks utility, providing for the issuance and sale of$4,400,000 par value of water and sewer utility revenue bonds, 2005,for the purpose of carrying out the system or plan adopted by this ordinance and to pay the cost of issuing and selling those bonds; fixing the date, form, denomination, maturities, interest rates, terms and covenants of the bonds authorized herein; providing for bond insurance; and providing for the sale and delivery of the bonds to Banc of America Securities LLC of Seattle, Washington. (b) Setting the 2006 Property Tax Levy: 1. Agenda Report from Jim Chase,Finance Manager dated November 1, 2005. 2. Tax Levy Rate History Chart. 3. Assessed Value History Chart. 4. Prior Years Tax Preservation—"Banking"Chart—Option 1 &2. 5. Copy of Ordinance for the 2006 Ad Valorem Tax—Option 1 &2. 6. Copy of Ordinance Preserving Property Tax Levy Capacity—Option 1 & 2. Ordinance No. , (Option I or 2) an Ordinance providing for the 2006 Ad Valorem Tax levy, a levy for the 1999 Unlimited Tax General Obligation Bonds and a levy for the 2002 Unlimited General Obligation Refunding Bonds in the City of Pasco in accordance with state law. Regular Meeting 3 November 21, 2005 MOTION: I move to adopt Ordinance No. , providing for the 2006 Ad Valorem Tax Levy, a levy for the 1999 Unlimited Tax General Obligation Bonds and the 2002 Unlimited Tax General Obligation Refunding Bonds., -AND- Ordinance No. , (Option 1 or 2) an Ordinance preserving property tax levy capacity in the City of Pasco, Washington for fiscal years after 2006 in accordance with state law. MOTION: I move to adopt Ordinance No. , preserving property tax levy capacity for fiscal years after 2006 in accordance with state law. 9. UNFINISHED BUSINESS: (none) 10. NEW BUSINESS: (a) Purchase of Property located at 5"' & Ainsworth: 1. Agenda Report from Richard J, Smith, Community & Economic Development Director and Cruz Gonzalez,Urban Development Coordinator dated November 18, 2005. 2. Real Estate Purchase and Sale Agreement. MOTION: I move to approve the purchase of portions of lots 7 and 8, Gantenbeins Addition and, further, authorize the City Manager to execute all documents necessary to effect the purchase. (b) Agreement for Legislative Consultant Services: 1. Agenda Report from Gary Crutchfield, City Manager dated November 9, 2005. 2. Proposed Agreement. MOTION: I move to approve the agreement for legislative consultant services with Smith Alling Lane, P.S. and, further,authorize the City Manager to sign the agreement. (c) Reject SR-395/Court Street Pedestrian Overpass Crossing: 1. Agenda Report from Robert J. Alberts,Public Works Director dated November 15, 2005. MOTION: I move to reject all bids received for the SR-395/Court Street Pedestrian Overpass Crossing project and, further, authorize staff to pursue funding assistance from the state. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter REMINDERS: 1. 6:00 p.m., Monday, November 21, Conference Room#1 —LEOFF Disability Board Meeting. (MAYOR MIKE GARRISON and COUNCILMEMBER REBECCA FRANCIK) City Hall will be closed Thursday, November 24 and Friday, November 25 for the Thanksgiving Holiday. MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 7, 2005 TO . CALL T O ORDER. The meeting was called to order at 7:00 p.m. by Michael Garrison, Mayor. ROLL CALL: Councilmembers present: Robert Hoffmann, Tom Larsen, Joe Jackson, Eileen Crawford, Rebecca Francik, Matt Watkins and Michael Garrison. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; Bob Alberts, Public Works Director; Doug Bramlette, City Engineer; Denis Austin, Police Chief; Greg Garcia, Fire Chief; Elden Buerkle, Management Assistant, and James Chase, Financial Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated October 17, 2005. (b) Bills and Communications: To approve General Claims in the amount of$1,654,933.50 ($116,414.02 being in the form of Wire Transfer Nos. 4415, 4421 and 4424 and, $1,538,519.48 consisting of Claim Warrants numbered 151425 through 151719). To approve Payroll Claims in the amount of$1,350,826.28, Voucher Nos. 33715 through 33835; and EFT Deposit Nos. 30006841 through 30007304. (c) Tourism Promotion Area: To approve the 2006 operating budget for the Tourism Promotion Area in the total amount of$875,278.43. (d) Waiver of Utility Service Requirement—Tharen and Shelly Woody, PMC Chapter 16.06: To approve the sewer utility service waiver as requested by Tharen & Shelly Woody. Removed from Consent Agenda and moved to Item 10e—New Business. (e) Waiver of Utility Service Requirement— Gerard & Roxanne Van Houdt, PMC Chapter 16.06: To deny the sewer utility service waiver as requested by Gerard &Roxanne Van Houdt for 1415 Road 77 with the commitment that the city extend sewer service to the subject property. (f) Water Rights Management MOA: To approve the Memorandum of Agreement for management of the "Quad Cities" Water Right for the cities of Pasco, Kennewick, Richland and West Richland and, further, authorize the City Manager to sign the agreement. Removed from Consent Agenda and moved to Item 10f—New Business. (g) Snow Removal Assistance Agreements: To authorize the City Manager to enter into an agreement with Ray Poland & Sons for snow removal assistance. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 7, 2005 (h) Water Reservoir Aesthetics: To appoint Jocelyn Berriochoa, Andrea Goforth and Gene Holland to the Water Reservoir Aesthetics Committee as citizen members, and Councilmember Watkins as Chair of the Committee. (i) Resolution No. 2908, a Resolution adopting regulations for the Community Housing Improvement Program. To approve Resolution No. 2908, adopting Community Housing Improvement Program Regulations. (j) Resolution No. 2909,a Resolution accepting work by Scholten Roofing Inc., under contract for the Martin Luther King Center roofing project. To approve Resolution No. 2909, accepting the work performed by Scholten Roofing Inc., under contract for the Martin Luther King Center Roofing Project. (k) Resolution No. 2910, a Resolution requesting that the Bonneville Power Administration (BPA) establish a maximum wholesale power rate of$27 per average megawatt hour, inclusive of all costs, for the 2007-2009 rate period. To approve Resolution No. 2910, requesting the Bonneville Power Administration maintain a maximum rate of$27 per megawatt hour. MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr. Jackson seconded. Motion carried by unanimous Roll Call Vote. VISITORS - OTHER THAN AGENDA ITEMS: Mr. Tom Gronewald, President of Washington State Railroads Historical Society, 122 N. Tacoma St., presented their plans for purchasing the old Burlington Northern Depot for a museum and asked for the City's support and financial participation. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mayor Garrison reported he attended the Tri-Cities Visitor and Convention Bureau Annual Meeting and the '$27 in `07" meeting in support of requesting BPA set their wholesale power rate at$27.00. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Public Hearing on the Final Assessment Roll for ULID 141: Mr. Doug Bramlette, City Engineer, explained the ULID process and the details of ULID No. 141. MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE ULID. FOLLOWING THREE CALLS FROM MAYOR GARRISON FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE BEING NONE,THE PUBLIC HEARING WAS DECLARED CLOSED. Ordinance No. 3737, an Ordinance of the City of Pasco, Washington, relating to Utility Local Improvement District No. 141, approving and confirming the assessments and assessment roll of Utility Local Improvement District No. 141 created for the purpose of carrying out a system or plan of additions to and betterments and extensions of the waterworks utility of the city, including the sanitary sewage system and the system of storm or surface water sewers of the city specified, adopted and ordered to be carried out by Ordinance No. 3656, and 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 7, 2005 levying and assessing the cost and expense thereof against the several lots, tracts, parcels of land, and other property as shown on the assessment roll. MOTION: Ms. Francik moved to adopt Ordinance No. 3737, confirming the Final Assessment Roll for Utility Local Improvement District No. 141 and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried. Setting the 2006 Property Tax Levy: Mr. Jim Chase,Financial Services Manager, explained the options for the 2006 Property Tax Levy. MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE 2006 PROPERTY TAX LEVY. FOLLOWING THREE CALLS FROM MAYOR GARRISON FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE BEING NONE,THE PUBLIC HEARING WAS DECLARED CLOSED. No action was taken on this item. It will be set on the November 21, 2005 Regular Meeting agenda. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3738, an Ordinance of the City of Pasco, Washington amending Ordinance No. 3377. MOTION: Ms. Francik moved to adopt Ordinance No. 3738, an ordinance amending Ordinance No. 3377. Mr. Jackson seconded. Motion carried. Ordinance No. 3739, an Ordinance of the City of Pasco, Washington, amending the Zoning classification of Lot 24 Coles Estates, located in the Northeast quarter of Section 8, Township 9 North, Range 29 East from R-T (Residential Transition) to C- I (Retail Business). MOTION: Ms. Francik moved to adopt Ordinance No. 3739, granting a rezone in Coles Estates from R-T to C-1 as recommended by the Planning Commission and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried. NEW BUSINESS: Consultant Assistance for Administration of the Community Housing Improvement Program (CHIP): MOTION: Ms. Francik moved to approve the Professional Services Agreement with Creative Housing Solutions in an amount not to exceed $695,000 and, further, authorize the Mayor to sign the Agreement. Mr. Jackson seconded. Motion carried. Contract for Services with The Building Department, Inc.: MOTION: Ms. Francik moved to approve the Contract for Services with The Building Department, Inc., to provide plan review and inspection services and, further, authorize the City Manager to sign the Contract. Mr. Jackson seconded. Motion carried by the following Roll Call vote: Yes—Garrison, Francik, Hoffmann, Watkins, Jackson. No — Larsen, Crawford. Ainsworth Overpass Project Funding: MOTION: Ms. Francik moved to authorize the City Manager to commit up to $415,000 for relocation of water and sewer lines in association with the Ainsworth Overpass Project. Mr. Jackson seconded. Motion carried. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 7, 2005 Ainsworth Overpass Railroad Crossing (SR 397): MOTION: Ms. Francik moved to award the low bid for the Ainsworth Overpass Railroad Crossing (SR 397) to Apollo, Inc., in the amount of$5,572,276.50, including applicable taxes. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. Waiver of Utility Service Requirement—Tharen and Shelly Woody, PMC Chapter 16.06: MOTION: Ms. Francik moved to approve the sewer utility service waiver as requested by Tharen &Shelly Woody. Mr. Jackson seconded. Motion carried. No —Hoffmann, Larsen. Water Rights Management MOA: MOTION: Ms. Francik moved to approve the Memorandum of Agreement for management of the "Quad Cities" Water Right for the cities of Pasco, Kennewick, Richland and West Richland and, further, authorize the City Manager to sign the agreement. Mr. Jackson seconded. Council and Staff discussed the details of the Agreement. MOTION: Ms. Francik called for the question. Motion carried. No—Larsen. Original motion carried. No —Larsen. MISCELLANEOUS DISCUSSION: MOTION: Mr. Watkins moved to fix 6:30 p.m. Wednesday, November 9, 2005 in the City Council Chambers as the time and place for presentation of the 2006 Preliminary Budget. Ms. Crawford seconded. Motion carried. No —Jackson, Garrison. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:35 p.m. APPROVED: ATTEST: Michael L. Garrison, Mayor Webster U. Jackson, City Clerk PASSED and APPROVED this 21 st day of November, 2005 4 CITY OF PASCO Council Meeting of: November 21,2005 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the unde_,kothe by certify under penalty of perjury that the materials have been furnished,the services endereperformed as describe d herein and that the claim is a just,due and unpaid obligati agains that we are authorized to authenticate and c ify to said Gary Crut ty Man er James W. se, Finance Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 4428 and 4432 in the amount of$83,481.66,have been authorized;that Check No.s 151720 through 151930 are approved for payment in the amount of$2,934,954.93,for a combined total of$3,018,436.59 on this 21st day of November,2005. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 176.76 Judicial 13,295.49 Executive 2,747.32 Police 20,672.97 Fire 13,35127 Administration&Community Services 46,255.02 Community Development 648.29 Engineering 9,103.58 Non-Departmental 117,408.96 Library 1,289.76 TOTAL GENERAL FUND: 224,949.42 STREET 1,325,606.26 C. D. BLOCK GRANT 20,422.14 KING COMMUNITY CENTER 1,683.25 AMBULANCE SERVICE 4,569.64 CEMETERY 4,335.15 ATHLETIC PROGRAMS 9.77 SENIOR CENTER 3,819.91 MULTI MODAL FACILITY 1,791.31 RIVERSHORE TRAIL&MARINA MAIN 117.26 LITTER CONTROL 2,221.29 REVOLVING ABATEMENT 11646.35 PARKS FUND 0.00 TRAC DEVELOPMENT 84,961.56 STADIUM/CONVENTION CENTER 464.86 SUN WILLOWS RESIDENTIAL DEVELOPMENT 49.51 METRO DRUG TASK FORCE 2,537.03 METRO DRUG FORFEITURE FUND 0.00 GENERAL CONSTRUCTION 1,864.36 WATER/SEWER 1,198,638.79 EQUIPMENT RENTAL-OPERATING 20,824.66 EQUIPMENT RENTAL- REPLACEMENT 950.79 MEDICAUDENTAL INSURANCE 85,264.16 CENTRAL STORES 668.41 PUBLIC FACILITIES DIST 150.00 PAYROLL CLEARING 30,616.72 LID CONSTRUCTION 273.99 GRAND TOTAL ALL FUNDS: $ 3,018,436.59 3(b).1 AGENDA REPORT FOR: City Council DATE: 11/16/2005 TO: Gary Crutchfie nager REGULAR: 11/21/2005 Stan trebel,A mstrative&Community Services Director FROM: ij C � inance Manager SUBJECT: BAD WRITE-OFF'S/COLLECTION. I. REFERENCE(S)- Write-off and collection lists are on file in the Finance Department. Il. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$232,496.96, and, of that amount, authorize $159,370.00 be turned over for collection. III. 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. 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. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ 104.64 3,355.89 3,460.53 Ambulance $ 73,022.32 26,971.83 99,994.15 Court AIR $ .00 119,833.00 119,833.00 Liens $ .00 7,730.13 7,730.13 Cemetery $ .00 1,479.15 1,479,15 TOTAL: $ 73,126.96 159,370.00 232,496.96 N. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT NO. 92 FOR: City Council DATE: 11/ 16/05 TO: Gary Crutchfie Manager WORKSHOP: Richard J. Smi , 'rector REGULAR: 11/21/05 Community and Economic Development FROM: David McDonald, City Planner SUBJECT: FINAL PLAT - Loviisa Farms II, Phase 6 (Aho Construction) (MF #05-120-FP) I. REFERENCE(S): A. Copy of Final Plat (Council packets only; copy available in Planning Office for public review) B. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the final plat for Loviisa Farms II, Phase 6. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a 690 lot preliminary plat for Loviisa Farms I1. Loviisa Farms 11 is a single family residential development located east of Broadmoor Boulevard and north of the FCID canal. B. The developer is now seeking final plat approval for Phase 6 of the Loviisa Farms II development. V. DISCUSSION: A. Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the improvements. In this case, the developer has completed part of the improvements (sewer) and has provided the City with a bond in an amount sufficient ($1,209,859) to cover the costs of the outstanding 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, dedications and acknowledgment and approval sections. VI. ADMINISTRATIVE ROUTING: 3(c) VICINTY MAP Lovii5,a Farrn5 I-Tha5e oil Olson ��'►► SOON►Evil e r�11�►� Olson �� ■ 111111 N�■■�■■■ ■■■■■■■ ■■■ MEN .� .. e■■.■■■■ ■■.■■■■■ ��MONSOON MEN E� iiiiiu u uuISO �uii:i s�..r�%'�•'%�%� j' G T.p ■ ■�■■ ■■■■■■■ C� 1111111\ ��► Ij�i�ir�%�, son loss It Nino �� ►� •.. •: ' !•ter•�:� � NMI AGENDA REPORT NO. 89 FOR: City Council Date: November 9, 2005 TO: Gary Crutchfi ty Manager Workshop: 11/14/05 Regular: 11/21/05 FROM: Richard J. S th, hector Community 8v Economic Development Cruz Gonzalez, Urban Development Coordinator Cal7 SUBJECT: 2006 HOME Fund Allocation I. REFERENCE(S): A. Resolution allocating 2006 HOME funds. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/ 14/05 DISCUSSION 11/21/05: MOTION: I move to approve Resolution No. _ C� I I r allocating 2006 HOME funds. 11I. FISCAL IMPACT $209,876 Federal HOME funds. IV. HISTORY AND FACTS BRIEF: A. Pasco entered into a HOME Consortium Agreement with Richland and Kennewick in 1995 making the City eligible for Federal HOME funds. In April 2005, this Agreement was extended to 2007. B. The Redevelopment Strategy Plan, accepted by Council in 2004, recommended that assistance programs be concentrated in two neighborhoods in the vicinity of Longfellow School and the Franklin County Historical Museum. C. On November 7, 2005 City Council authorized a Professional Services Agreement with Creative Housing Solutions to administer a housing rehabilitation and down payment assistance program in those neighborhoods, for an amount not to exceed $695,000. D. In 2006 Pasco is expected to receive funds totaling $209,876. Staff is recommending that these funds be used for housing rehab and down payment assistance for home buyers in the Longfellow and Museum area. It is expected that $159,876 would be used for the rehab of approximately seven homes. The remaining $50,000 would be used for down payment assistance ($159,876 rehab and $50,000 down = $209,876 total allocation). 3(d) Reference A RESOLUTION NO. 9 A RESOLUTION ALLOCATING ESTIMATED 2006 FEDERAL HOME FUNDS. WHEREAS, the City of Pasco entered into an Agreement with Kennewick and Richland in 2004 continuing participation in a Consortium originally formed in 1996 under the Home Investments Partnership (HOME) Program; and WHEREAS, the Consortium allows the three cities to be eligible for federal HOME funds; and WHEREAS, it is estimated that the City of Pasco will receive $209,876 federal HOME funds in 2006;Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. The City Council allocate 2006 HOME funds in the following manner: $159,876 for housing rehabilitation and $50,000 for down payment assistance. PASSED by the City Council of the City of Pasco this day of ,2004. CITY OF PASCO: Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L.Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 87 FOR: City Council Date: November 9, 2005 TO: Gary Crutchfie Manager Workshop: 11/14/05 Regular: 11/21/05 FROM: Richard J. Smit irector Community & conomic Development Cruz Gonzalez, Urban Development Coordinator (k14 SUBJECT: Appropriation of HOME Program Funds I. REFERENCE(S): A. Resolution Appropriating HOME Funds to purchase Vacant Lots. B. Map II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 11/ 14/05 DISCUSSION 11/21/05: MOTION: I move to approve Resolution No. C7 I appropriating HOME Funds to purchase two vacant lots on South 51h Avenue. III. FISCAL IMPACT $50,000 Federal HOME funds. IV. HISTORY AND FACTS BRIEF: A. As of June of 2005, the City had approximately $856,000 available in HOME funds and program income from the sale of homes in the Henry Street project. B. At the October 17, 2005 meeting City Council approved CHDO award to La Clinica in the amount of$101,907. C. On November 7, 2005 City Council approved entering into a Professional Services Agreement with Creative Housing Solutions to administer a housing rehabilitation and down payment assistance program in those neighborhoods, for an amount not to exceed $695,000. D. Two lots near 5th & Ainsworth (near new overpass) have become available and are proposed for purchase to develop two low income housing units. After the purchase of the properties the City would contract with a not-for-profit company to build these homes. The City Council would select the specific non-profit in a separate action. E. In order to purchase the lots, the City Council must first appropriate the necessary funds from the HOME program. 3(e) i i i Reference A RESOLUTION NO. �/ A RESOLUTION ALLOCATING HOME FUNDS FOR THE PURCHASE OF TWO VACANT LOTS ON 5TH AVENUE. WHEREAS, the City of Pasco entered into an Agreement with Kennewick and Richland in 2004 continuing participation in a Consortium originally formed in 1995 under the Home Investments Partnership (HOME)Program; and WHEREAS, the Consortium allows the three cities to be eligible for federal HOME funds; and WHEREAS, the City is in need of an increased supply affordable housing to promote home-ownership; and WHEREAS,the City desires to enhance its tax base; and WHEREAS, the City staff has identified two vacant lots suitable for the development of affordable housing; Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. The City Council appropriate HOME funds for an amount not to exceed $50,000 to purchase two vacant lots located on S. 5th Avenue. PASSED by the City Council of the City of Pasco this day of 52004. CITY OF PASCO: Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L.Kenworthy Leland B. Kerr Deputy City Clerk City Attorney REFERENCE B ST w w E--4 H Q0 LO . AIMS T� ST AGENDA REPORT NO. 43 FOR: City Council DATE: 11/15/05 TO: Gary Crutchfie anager Regular: 11/21/05 FROM: Robert J. Albe ,{;*Wc Works Director SUBJECT: Pasco Plateau Irrigation System Plan I. REFERENCE(S): 1. Resolution 2. Pasco Plateau Irrigation System Plan (in Council packets only; copies available for public inspection at the Pasco Public Library and the Public Works Director's office at City Hall) H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11121: Motion: I move to approve Resolution No. o2-1/3-declaring Council's acceptance of the Pasco Plateau Irrigation System Plan prepared by CH2M Hill. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The development of a Comprehensive Irrigation Management and Capital Improvement Plan for the plateau area was one of the Council goals. The plan was prepared by CH2M Hill. Mr. Anthony Krutsch from CH2M Hill provided a presentation of the plan on 11/14/05. V. ADMINISTRATIVE ROUTING Project File 3(f) RESOLUTION No. d /� A RESOLUTION concerning the Pasco Plateau Irrigation System Plan WHEREAS, the development of a Comprehensive Irrigation Management and Capital Improvement Plan for the plateau area was one the Council goals and, WHEREAS, the City authorized C112M Hill to formalize the Pasco Plateau Irrigation System Plan and, WHEREAS, on November 14, 2005 CH2M Hill provided the plan to Council for comments and, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: The Pasco City Council (Council) accepts the Plan prepared by CH2M Hill dated November 2005 as completed and directs staff to utilize the Pasco Plateau Irrigation System Plan. PASSED by the City Council of the City of Pasco this 21" day of November 2005. Michael L. Garrison, Mayor ATTEST: Sandy Kenworthy Deputy City Clerk APPROVED AS TO FORM: City Attorney AGENDA REPORT NO. 91 FOR: City Council DATE: 11/16/05 TO: Gary Crutchfie Manager WORKSHOP: Richard J. Smi irector REGULAR: 11/21/05 Community an Economic Development FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION- A portion of N. Wehe (MF #05-160-V) I. REFERENCE(S): A. Proposed Resolution and Vicinity Map B. Vacation Petition II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No yWW , fixing 7:00 PM, December 19, 2005 as the time and date for a public hearing to consider the proposed vacation. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of property in the 400 block of North Wehe Avenue have submitted a petition requesting vacation of the east 10 feet of North Wehe Avenue abutting their property. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is December 19, 2005. V. DISCUSSION: NONE VI. ADMINISTRATIVE ROUTING: 3(g) RESOLUTION NO. �9r A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF NORTH WEHE AVENUE 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, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating the east 10 feet of North Wehe Avenue between Broadway Boulevard and East Adelia Street, will be held before the City Council of the City of Pasco in the Council Chambers of the City Hall, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on the 19th day of December, 2005. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco this 21 st day of November, 2005. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney �I VAC- INIfY MAP I�M : VACAf ON OF FIGHT" OF WAY ATLICAM- Fran5i5co Magana 05- 60-V w w w ore W z r' w w _ 3 • `" 3 as a E BROADWAY ST .. •Y .� Y + r J w w -Y w 3• v W w w y v w r Y v W W W y W W J• Y• r w � w Y V V Y Y w w w W w v Y v -Y W 4. J• v 4, W 'Y W W r W . J 'Y W W •Y .v W w +M W v Y W w Y Y w W •Y Y •V w v •y 'Y W v W •Y w W •Y W •Y Y W w w W W W W Y w w v V Y w Y v w Y W •L- W W v W -Y w v l V •Y w •Y w w w I Y �• 111r/�W Y w 'Y V V y W •Y v W L�, Y •v w Y w Y `` ` r Y •Y . 'Y W •Y W W J• W v J J• w w W Y W O 'Y 'Y' Y •Y y b W W y W •Y 1 J 4- Y W r . 3• v Y Y W w w W •Y W v J• w J W w 'Y w r Y Y w W S• W ` w r w v •Y r' W J W T� w W .0 V r w •Y W W -Y .Y W W v W •y W w W J ��/ �Ir EL ADELIA ST t£; -<iat2.Y:�r,�Y;::?'CTc DATE: ';•> RECEIPT #• :.,,:•,-y? .. :>i?s}.. �`:oC _�:`.^'.'.L CITY OF PASCO STREET/ALLEY VACATION PETITION 1, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: `T1,1 Q S-3— 4) .F= dl/QA_J H 1.JM716 ST A a,3-AC'tg_.✓-r- 13 V_ 3 9_ __14 1 e, k:j L .a AJQ P64je - 89mies APPLICANT: PROPERTY OWNED: (Legal Description) Print Name �; :}�� I I r: �.C�:Y y G` Sign Name �2-;L_ . , wo Lia jq u67 Qrds C o Address 0 `,ZS it/ i.✓G 14 G , Iq V G W a 5/3 o f Phone# 5 4 0 5? 7 6 Date _ Ll — n S Print Name Sign Name Z-4j, ~Date Print Name J r Sign Name Date . 1._ 31 , STREET VACATION APPLICATION.XLS 'p E. RECE IPT #. DATE: >�>:;:: ...:.:..> CITY OF PASCO STREET/ALLEY VACATION PETITION I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: APPLICANT: PROPERTY OWNED: (Legal Descriptionj Print Name Sign Name Address Phone# Date Print Name .� Sign Name ly A/, ' v Date f -- 27 Print Name Sign Name Date STREET VACATION APPLICATION.XLS DATE: RECEIPT #. IN CITY OF PASCO STREET/ALLEY VACATION PETITION I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: APPLICANT: PROPERTY OWNED: (Legal Description) Print Name CL Ll Sign Name _tom Ad ress p a A / - Phone# y tj 76 Date 1 j, C) d 5 Print Name On m I r6 f j21 .t n1)-L_ Sign Name e ,� L--'1"YL&, -7 qC7 '�' YQ Q-,HE AV E Date p1l:s 6 C ?0301 Scar) 3'R - Print Name - Sign Name Date STREET VACATION APPLICATIONALS AGENDA REPORT NO. 90 FOR: City Council tr� DATE: 11/16/05 TO: Gary Crutchfi 1 Manager WORKSHOP: Richard J. Sin irector REGULAR: 11/21/05 Community an. Economic Development FROM: David I. McDonald, City Planne SUBJECT: STREET VACATION- A portion of Rodeo Dr. and Sutherland St. (MF #05-160-V) I. REFERENCE(S): A. Proposed Resolution and Vicinity Map B. Vacation Petition II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No.v',�S fixing 7:00 PM, December 19, 2005 as the time and date for a public hearing to consider the proposed vacation. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owner of all properties in Binding Site Plan # 2001-04, has submitted a petition requesting vacation of all streets (Rodeo Dr.& Sutherland St.) within said Binding Site Plan. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is December 19, 2005. V. DISCUSSION: NONE VI. ADMINISTRATIVE ROUTING: 3(h) RESOLUTION NO. I f A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF ALL STREETS IN BINDING SITE PLAN # 2001-04 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, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating all streets in Binding Site Plan 2001-04, will be held before the City Council of the City of Pasco in the Council Chambers of the City Hall, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on the 19th day of December, 2005. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco this 21 st day of November, 2005. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney VICINITY IAA If�M; Street Vaction AfPI,I CANS'; FacLand/ PNP � I,1 # ; 05-160-v TOWER , 4 'ENDER OR ■ GERM DR ■ ■ AVDR ■ ■ ■ U ■ 4- ■ .AL6 OR ■ I 3 ■■nsommuM■ WRIGLEY DR o J WRIGLEY WRIGLEY DRIVE J a .�IG�q�� y�I /�7 � f UJC.ANY r LAZA (gyp dE DR THETIS OR p Q O 3 Ll LIC � 7 �x r BETS DR tYM DRIVE ID Itii333! n I Q ��/J 'Al rAl C R Y Y&-1 V M\f YOKE 5 FENWAY DR r STREETS 'rl { TO BE - -----'--- RODEO OR VACATED 0 AM Np-5un5 ° OM ER co ; 00f�`If0l�tttf1�` �t Iii�;�,• FEE $200 MASTER FILE # DATE SUBMITTED: _ CITY OF PASCO STREET / ALLEY VACATION PETITION 1, we the undersigned, owner of all of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: All the rights-of-way created by Binding Site Plan#2001-04(plan attached) APPLICANT: , PROPERTY OWNED (Legal Description) Print Name: PACIANO clo Bill Forfunato Applicant only Sign Name: Address: 1144 Eastlake Ave. E. Seattle,WA 98109 Phone # (206)522-9510 Date n Slate Department of Pri urce Lots i-10 per Binding Site Plan#20011-04 Si Recording#159 25 35 4� Date /r 4� Q Print Name:, SGo Li'C0'tW le— Current Lessee of Lots 1-10 per Sign Nam 112001-04 D ate1_,Lo.» GENERAL FUND OPERATING STATEMENT THROUGH OCTOBER 2005 % OF YTD TOTAL %OF 2005 2005 ANNUAL 2004 2004 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 4,322,263 * 4,300,000 100.5% 2,544,433 4,092,075 62.2% SALES 5,288,404+ 6,000,000 88.1% 4,835,741 7,412,126 65.2% UTILITY 4,707,342 5,240,000 89.8% 4,420,946 5,692,668 77.7% OTHER 699,361 905,000 77.3% 530,853 959,027 55.4% LICENSES& PERMITS 2,070,492 1,059,950 195.3% 1,966,736 2,267,295 86.7% INTERGOV'T REVENUE 947,344 764,700 123.9% 1,050,757 1,272,739 82.6% CHARGES FOR SERVICES 1,761,493 2,183,800 80.7% 1,697,889 2,227,929 76.2% FINES & FORFEITS 593,624 700,500 84.7% 588,342 704,355 83.5% MISC. REVENUE 566,964 607,665 93.3% 442,664 666,246 66.4% OTHER FINANCING SOURCES 340,649 96,500 353.0% 160,959 344,809 46.7% TOTAL REVENUES 21,297,936 21,858,115 97.4% 18,239,320 25,639,269 71.1% BEGINNING CASH BALANCE 5,444,071 5,000,000 6,985,714 6,985,714 CHANGE IN RECEIVABLES 780,853 0 0 -2,622,277 TOTAL SOURCES 27,522,860 26,858,115 102.5% 25,225,034 30,002,706 84.1% EXPENDITURES: CITY COUNCIL 70,052 95,575 73.3% 90,222 106,851 84.4% MUNICIPAL COURT 660,175 868,745 76.0% 658,947 828,372 79.5% CITY MANAGER 445,227 532,655 83.6% 397,951 478,000 83.3% POLICE 6,562,767 7,814,005 84.0% 6,176,344 7,467,045 82.7% FIRE 2,260,615 3,102,415 72.9% 2,269,538 2,712,082 83.7% ADMIN &COMMUNITY SVCS 3,595,396 3,922,525 91.7% 3,273,801 3,944,541 83.0% COMMUNITY DEVELOPMENT 914,433 999,330 91.5% 959,286 1,161,131 82.6% ENGINEERING 897,974 918,980 97.7% 713,300 867,919 82.2% MISC. NON-DEPARTMENT 3,670,891 6,088,357 60.3% 3,776,342 6,855,213 55.1% LIBRARY 718,215 797,400 90.1% 653,617 719,901 90.8% TOTAL EXPENDITURES 19,795,745 25,139,987 78.7% 18,969,348 25,141,055 75.5% ADD BACK PAYABLES 418,307 -582,420 ENDING FUND BALANCE 1,718,128 5,444,071 TOTAL EXPEND AND END FUND BAL 26,858,115 30,585,126 AVAILABLE CASH BALANCE 8,145,422 6,255,686 * Governmental entities are now required(2005)to record the total Property Tax Levy at the beginning of the year. + Sales Tax is received from the State 2 months following the sale. The final receipt of sales tax revenue for 2005 will occur in January and February of 2006 but will be included in 2005 revenues at the end of the year. PERCENTAGE OF BUDGET ALLOCATED FOR 10 MONTHS 83.3% • Authorized but non-budget expenditures of $501,720 (cumulative)which will effectively reduce the ending fund balance. 6(b) AGENDA REPORT FOR: City Council Date: November 9, 2005 TO: Gary Crutchfield, ana Workshop: November 14, 2005 Stan Strebel,Adrn iv ommunity Services Director Regular: November 21, 2005 FROM: Jim Chas nance Manager SUBJECT: 2005 WATER AND SEWER UTILITY REVENUE BONDS. I. REFERENCE(S): 1. Draft of Proposed Ordinance. (in Council packets only-copy available in Finance Manager's Office) 2. Preliminary Official Statement. (in Council packets only-copy available in Finance Manager's Office) II. ACTION REQUESTED OF COUNCHJSTAFF RECOMMENDATION: 11/14/05 DISCUSSION: 11/21/05 MOTION: I move to adopt Ordinance No. an ordinance relating to the Waterworks Utility of the City, including the Sanitary Sewerage System and the system of Storm or Surface Water Sewers as a part thereof; adopting a system or plan of additions to and betterments and extensions of the Waterworks Utility, providing for the issuance and sale of $4,400,000 par value of Water and Sewer Utility Revenue Bonds, 2005, for the purpose of carrying out the System or Plan adopted by this ordinance and to pay the cost of issuing and selling those Bonds; Fixing the Date, Form, Denomination, Maturities, Interest Rates, Terms and Covenants of the Bonds authorized herein; providing for Bond Insurance; and providing for the Sale and Delivery of the Bonds to Banc of America Securities LLC of Seattle, Washington. M. FISCAL IMPACT: Anticipated debt service requirements will be scheduled with other debt service requirements of the utilities. These payments will vary in amount from year to year and be approximately $320,000 to $330,000 per year. Annual debt service based on an estimated interest rates ranging from approximately 2.75%to 5%depending on maturity. IV. HISTORY AND FACTS BRIEF: These bonds will pay for the construction costs to build the new Composite Water Tower on Road 68 and related projects included in the 2005-2010 the Capital Improvements Plan. These projects include the new tower, improvements around and the painting of the old water tower. The water utility will be spending over$9.5 million during 2005, 2006&2007,and the projected cash balance for the water utility will decline to a balance of around $1 million without the sale of bonds for the above projects. The debt service on the new bonds will be spread to all water customers as all types of customers (residential and commercial)will benefit from the new water tower. VI. DISCUSSION: Staff recommends adoption of the proposed ordinance. VII. OTHER FACTS: The City is awaiting a bond rating from Moody's. The City received an A3 rating on the last several bond issues. Staff will review if purchasing bond insurance is cost effective once the new rating is received. Purchasing bond insurance guarantees a AAA bond rating and the best interest rates. The bond sales will occur on November 21st. The completed bond ordinance will be available by the start of the council meeting. 8(a) AGENDA REPORT FOR: City Council DATE: 11 11 105 REGULAR: 11/7/05 TO: Gary Crutch y Manger Stan Strebel, imi 'strative& Community Services Director FROM: Jim ase� nance Manager i SUBJECT: SETTING THE 2006 PROPERTY TAX LEVY I. REFERENCE(S): (A) Tax Levy Rate History Chart (B) Assessed Value History Chart (C) Prior Years Tax Preservation—"Banking"Chart—Option 1 &2 (D) Copy of Ordinance for the 2006 Ad Valorem Tax—Option 1 &2 (E) Copy of Ordinance Preserving Property Tax Levy Capacity—Option 1 &2 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/7/05 Public Hearing 11/21/05 Motion: I move to adopt Ordinance No ,providing for the 2006 Ad Valorem Tax Levy, a levy for the 1999 Unlimited Tax General Obligation Bonds and the 2002 Unlimited Tax General Obligation Refunding Bonds. Motion: I move to adopt Ordinance No. ,preserving property tax levy capacity for fiscal years after 2006 in accordance with state law. III[. HISTORY AND FACTS BRIEF: The maximum allowed levy rate, per state statute, that a City can levy per $1,000 of assessed value is $3.60. The last time the City of Paso's levy rate was at that level was in 1992. From 1992 to 1999 the City reduced the levy rate by not taking any of the allowable percentage increase, which before 2002 was 6%, and preserved the unused levy capacity in case it were needed in the future. In November 1999, the voters approved Initiative 695, which eventually was ruled unconstitutional. The legislature, however, reduced the Motor Vehicle Excise Tax (MVET) to $30 per vehicle, which they determined to be the voter's intent of the initiative. To make up for the loss of future MVET revenues, Council elected to use $450,000 of the unused, preserved, levy capacity. The levy rate for 2000 taxes was set at $3.071 per$1,000 of assessed value, still well below the $3.60 maximum. In 2001 the voters approved Initiative 747, which limits the amount a taxing district can raise property taxes over the previous year by the lesser of 1% or the Implicit Price Deflator (IPD), without a vote of the people. IPD for the 2006 calculation is 2.541 % (July 2005) so the allowable levy increase calculation will use 1%. IPD is a national inflation index. Pasco's bargaining unions typically include wage increases tied to the West Coast (Seattle/Tacoma Area) Consumer Price Index (CPI). CPI for the year ending July 2005 is 2.9%. Despite the above challenges the Council has been a good steward of taxpayer dollars, as the 2005 property tax levy rate is down to $2.4157, or 67 % of the maximum rate allowable and 21.34% less than the$3. 071 rate set in 2000. 8(b) Pasco has certainly enjoyed the effects of growth within the city limits. Sales tax from new construction and the population growth contributing to higher utility taxes and higher building permit fees have certainly helped to maintain a balanced budget and keep our property taxes low. The property tax levy for 2006 will be comprised of the following three elements: 1. General Property Tax Levy. 2. 1999 Unlimited Tax General Obligation Fire Station/Library Bonds Debt Service. 3. 2002 Unlimited Tax General Obligation Refunding(1993)Bonds Debt Service. The City is directed to set property tax levies with the county in November of each year. IV. DISCUSSION: The Franklin County Assessor has advised that the City will have an assessed valuation (preliminary figure) of $1,989,593,313 which is used to calculate 2006 taxes. This amount includes new construction of $187,695,900. There were no annexations of property before the cutoff date of March 319t. The County did not re-assess any properties within City limits in the past year. GENERAL PROPERTY TAX LEVY Option 1: The amount of the property tax estimated and used in the preparation of the Preliminary 2006 Budget is $4,800,000. The following figures are from numbers provided by the Franklin County Assessor, adding the 1% increase and adding the value of new construction and annexations at last year's rate and adding those numbers to last year's total levy. 2005 Total General Property Tax Levy $4,299,469 1%increase in the levy rate based on the allowable maximum levy 53,899 New Construction Values of$187,695,900 at the 2005 rate of$2.4157/$1,000 Assessed Value 453,417 Annexation Values of$0 at the 2005 rate of$2.41571$1,000 Assessed Value 0 Increase in the State Assessed Utilities at the 2005 rate of$2.4157/$1,000 Assessed Value 0 $4,806,785 A 2006 General Levy of $4,806,785 using the estimated assessed value of $1,989,593,313 calculates to a levy rate of$2.4160 per $1,000 of assessed value. This is virtually the same levy rate as 2005's rate of$2.4157. Option 2: By not including any of the I% as shown in Option 1, but including the tax resulting from new construction, the actual levy rate will decline slightly from 2005 to $2.3889 per $1,000 of assessed value. The 2006 General Property Tax Levy would beat $4,752.886. Option 3: If the City were to levy all of the tax available in Option 1 and choose to levy all the banked levy capacity, the general Levy would increase to $5,897,210. The levy rate would calculate to $2.9640, still well below the maximum allowed levy rate, per state statute rate of$3.60. Any or all of the Banked Capacity could be levied. It was previously mentioned the City had used some of the previously preserved, or "banked", levy capacity. The money is not is a bank account. It is merely left in the pockets of the taxpayers. The purpose of RCW 84.55.092 allowing a governmental entity to preserve future levy capacity is to "remove the incentive for a taxing district to maintain its tax levy at the maximum level permitted under this chapter, and to protect the future levy capacity of a taxing district that reduces its tax levy below the level that it otherwise could impose under this chapter, by removing the adverse consequences to future levy capacities resulting from such levy reductions." In plain English this means if the tax is not needed a City does not have to set the levy at the maximum amount. It can reserve that resource for future use — when the Council determines (by a super-majority vote) that it is needed. Whatever the amount the levy is set for 2006, the council can preserve the right to levy the unused amount. A separate ordinance has been prepared to preserve the unused portion of the current levy and any remaining past unused levy capacity. Ordinances for each option have been prepared. 1999 UNLMTED TAX GENERAL OBLIGATION BOND DEBT SERVICE The 2006 debt service requirement for the 1999 UTGO Bonds issued for the purpose of the Library Remodel and Fire Station Relocation is $77,382 and $99,018, respectively. Staff recommends the 1999 Unlimited Tax General Obligation Bond tax levy be set at those amounts. The two numbers are not combined because they appeared on the official ballot separately when voted upon. The county assessor's office requires we set these levies separately. The estimated assessed value for properties subject to the tax is $1,750,689,715; this will result in levy rates of$0.0442 and $0.0560, respectively, or a combined levy rate of $0.1002. 2005's levy rates were $0.0504 and $0.0638, respectively, or $0.1142 combined. The schedule of payments calls for principal payments of $100,000 each year for the remaining 13 years. This should reflect in decreased levy rates for the remaining payment schedule as the interest portion declines. 2002 UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS The 2002 Unlimited Tax General Obligation Refunding Bonds were issued to refund the 1993 General Obligation Bonds to take advantage of lower interest rates available and save the taxpayer's money. The debt service requirements in 2006 for the 2002 UTGO Refunding Bonds is $384,263 and staff recommends the 2002 Unlimited General Obligation Refunding Bonds tax levy rate be set at that dollar amount. This equates to a levy rate of approximately$0.2500 per$1,000 of assessed value. This is down from the 2005 levy rate of$0.2748. Unlike the 1999 Bonds,the principal payment amounts will increase over the remaining life of these bonds but the interest portion will decrease keeping the annual payments at approximately$380,000. V. OTHER: The Franklin County Assessor uses a four year rotation to assess all the property in the County. No portion of the City was re-assessed this year to calculate next year's property taxes. In 2006 the Assessor will re-assess the portion of the City west of 20`h Avenue for the calculation of taxes for 2007. � o N C C� N [f d I i N o j o � , N i O M 0 Cl O i a N 0 N Z U- J O N I W Z oo Q w I N � CD C O CD r OO W Wco CD H w a O I ul r i O O) I T I O O O O O O O O O 0 CD CD U M O Q T a O N Ci O Ch M m M N N N N N r 63 U9, 69 fA fR 69 69 60!3 6% to amen agssassd:io 00OU aad i 0 O N LO ° 0 E 0 0 N I i Ch O O N i N Cl O N O y N W O O J o a " > a ! W rn N W OD N a i O I O Ir I r S LO 0 O O O O O ° ° 0 0 0 0 O O O O O O o 0 C 0 0 0 0 0 ° 04 N .- i Prior Years Tax Preservation - "Banking" Option 1 Maximum Taxes Not Accum. Taxes Year Actual Levy Levy Poss. Levied Not Levied 1993 19485,669 194875731 2,062 21062 1994 1,622,004 19628,204 6,200 8,262 1995 1,672,943 15796,154 1231-211 131,473 1996 19770,000 2,011,814 241,814 373,287 1997 1,950,024 2,440,804 4909780 864,067 1998 250405391 2,697,123 656,732 1,520,799 1999 2,198,771 3,017,324 818,553 2,339,352 2000 25922,491 3,306,595 3841104 25,723,456 2001 3,140,484 3,679,704 539,220 31262,676 2002 35452,906 41057,763 6049857 3073533 2003 39500,021 4,5265695 1,0261,674 4,894,207 2004 3,825,048 49891,377 11,066,329 5,960,536 2005 49299,469 5,389,894 13,090,425 750501961 2006 458069785 5,897,210 1,090,425 8,141,386 I Prior Years Tax Preservation - "Banking" Option 2 Maximum Taxes Not Accum. Taxes Year Actual Levy Levy Poss. Levied Not Levied 1993 114855669 19487,731 2,062 2,062 1994 15622,004 1,628,204 6,200 8,262 1995 11672,943 1,796,154 1239211 131,473 1996 1,770,000 290115814 2419814 3731287 1997 1,950,024 2440,804 490,780 86407 1998 2,040,391 2,697,123 656,732 1,520,799 1999 2,1981771 330175324 8183553 2,339,352 2000 2,9229491 3,306,595 384,104 2,723,456 2001 3,1409484 3,679,704 539,220 39262,676 2002 3,452,906 450579763 6045857 3,867,533 2003 39500,021 4,526,695 19026,674 4,894,207 2004 3,825,048 4,891,377 1,066,329 51960,536 2005 452991469 5,389,894 150905425 710501-961 2006 4,752,886 5,897,210 19144,324 89195,285 ORDINANCE NO. Option 1 AN ORDINANCE PROVIDING FOR THE 2006 AD VALOREM TAX LEVY, A LEVY FOR THE 1999 UNLIMITED TAX GENERAL OBLIGATION BONDS AND A LEVY FOR THE 2002 UNLIMITED GENERAL OBLIGATION REFUNDING BONDS IN THE CITY OF PASCO IN ACCORDANCE WITH STATE LAW. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. The City Council of the City of Pasco has met and considered its budget for the calendar year 2006; The City Council of the City of Pasco after hearing and after duly considering all relevant evidence and testimony presented, determined that the City of Pasco requires a regular levy in the amount of $4,806,785, which includes an increase in property tax revenues from the previous year, and includes amounts resulting from the addition of new construction and improvements to property and any increase in the value of state-assessed property, and amounts authorized by law as a result of any annexations that have occurred and refunds made, in order to discharge the expected expenses and obligations of the district. The increase in the regular property tax levy is hereby authorized for the 2006 levy in the amount of$53,899 which is a percentage INCREASE of I% from the previous year. This increase is exclusive of additional revenue resulting from the addition of new construction and improvements to property and any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. §3. A tax for the following sums of money which includes new construction and annexations to defray the expense and liabilities of the City of Pasco, be and the same is hereby levied for the purposes specified against all taxable property in the City for the fiscal year 2006: General Expense,including Councilmanic Bond Debt Service $4,806,785 1999 Unlimited Tax General Obligation Bond/Library Remodel 77,382 1999 Unlimited Tax General Obligation Bond/Fire Station 98,018 2002 Unlimited Tax General Obligation Refunding Bonds 384,263 $5,366,448 §4. This Ordinance shall take effect five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, on this day of November, 2005. City of Pasco: Michael Garrison, Mayor Attest: Approved As To Form: Webster Jackson, City Clerk Leland B. Kerr, City Attorney ORDINANCE NO. Option 2 AN ORDINANCE PROVIDING FOR THE 2006 AD VALOREM TAX LEVY, A LEVY FOR THE 1999 UNLIMITED TAX GENERAL OBLIGATION BONDS AND A LEVY FOR THE 2002 UNLIMITED GENERAL OBLIGATION REFUNDING BONDS IN THE CITY OF PASCO IN ACCORDANCE WITH STATE LAW. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §l. The City Council of the City of Pasco has met and considered its budget for the calendar year 2006; §2. The City Council of the City of Pasco after hearing and after duly considering all relevant evidence and testimony presented, determined that the City of Pasco requires a regular levy in the amount of$4,752,886, which does not include an increase in property tax revenues from the previous year, and does include amounts resulting from the addition of new construction and improvements to property and any increases in the value of state-assessed property, and amounts authorized by law as a result of any annexations that have occurred and refunds made, in order to discharge the expected expenses and obligations of the district. The increase in the regular property tax levy is hereby authorized for the 2006 levy in the amount of$0 (ZERO) which is a percentage INCREASE of 0% (ZERO) from the previous year. This increase is exclusive of additional revenue resulting from the addition of new construction and improvements to property and any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. §3. A tax for the following sums of money which includes new construction and annexations to defray the expense and liabilities of the City of Pasco, be and the same is hereby levied for the purposes specified against all taxable property in the City for the fiscal year 2006: General Expense, including Councilmanic Bond Debt Service $4,752,886 1999 Unlimited Tax General Obligation Bond/Library Remodel 77,382 1999 Unlimited Tax General Obligation Bond/Fire Station 98,018 2002 Unlimited Tax General Obligation Refunding Bonds 384,263 $5,312,549 §4. This Ordinance shall take effect five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, on this day of November, 2005. City of Pasco: Michael Garrison, Mayor Attest: Approved As To Form: Webster Jackson, City Clerk Leland B. Kerr, City Attorney ORDINANCE NO. Option 1 AN ORDINANCE PRESERVING PROPERTY TAX LEVY CAPACITY IN THE CITY OF PASCO, WASHINGTON FOR FISCAL YEARS AFTER 2006 IN ACCORDANCE WITH STATE LAW. WHEREAS, to provide the property tax revenues required by the general operating budget of the City for fiscal year 2006, City Council of the City of Pasco levied property taxes on all taxable property in the City for collection in fiscal year 2006 in the total amount of$4,806,785, which dollar amount is the sum of(a) $4,299,469, which is the amount of property taxes levied by the City in fiscal year 2005, plus (b) $53,899, the lesser of 1% or the Implicit Price Deflator, which for this calculation, is 2.541%, (c) $453,417, which is the amount of additional taxes at the 2005 levy rate of 2.4157 cents per $1,000 of assessed value resulting from the addition of new construction and improvements to property in the City, property annexed into the City during fiscal year 2005, and any increase in value of state-assessed property in the City; and, WHEREAS, the City Council of the City desires to preserve in accordance with state law (including but not limited to Chapter 84.55 RCW) the capacity of the City to levy property taxes in future fiscal years after 2006 calculated as if the City in fiscal year 2006 had levied the full amount allowed by state law upon a finding of substantial need therefore; and WHEREAS, upon a finding of substantial need and based upon limit factors of the lesser of 101% or lPD (102.541%) for the previous year and limit factors of 106% for previous years as provided by RCW 84.55.0101 and $3.60 per $1,000 of assessed value by RCW 84.52.043 and 41.16.060, the City would be permitted to levy property taxes for fiscal year 2006 in a total amount of$5,897,210 (the "full amount allowed by law"), which dollar amount is the sum of(a) $5,443,793 (the lesser of the amount calculated by multiplying the allowable 2005 property tax levy of$5,389,894 times the limit factor of the lesser of 101% or IPD or the $3.60 per $1,000 statutory limitation), plus (b) $453,417, which is the amount of additional taxes at the 2005 levy rate of 2.4157 cents per $1,000 of assessed value resulting from the addition of new construction and improvements to property in the City, property annexed into the City during fiscal year 2005, and any increase in value of state-assessed property in the City; and WHEREAS, the full amount allowed by law for fiscal year 2005 of $5,897,210 is $1,090,425 greater than the actual property tax levy of the City for fiscal year 2006 of$4,806,785 and such excess of$1,090,425 represents the unused 2006 property tax levy capacity that the City desires to preserve for future fiscal years after 2006; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as follows: Section 1. The City Council of the City finds and determines that there is substantial need for the City to preserve for future fiscal years after 2006 the capacity to levy property taxes on all taxable property in the City in the amount of$1,090,425,which is equal to the unused levy capacity of the City for fiscal year 2006. This substantial need includes, without limitation, the anticipated future requirements for additional property tax revenues that will be needed for the construction and/or maintenance of roads, streets, bridges and other transportation facilities of the City; to satisfy anticipated and unanticipated new regulatory requirements applicable to the City; to provide for potential excess costs of capital facilities; and generally to meet other substantial future financial requirements of the City. Section 2. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. ADOPTED by the City Council by the affirmative vote of a majority plus one vote of the members thereof and APPROVED by the Mayor of Pasco, Washington, at a regular open public meeting thereof, this day of November, 2005. Michael Garrison,Mayor ATTEST: Webster Jackson, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney ORDINANCE NO. Option 2 AN ORDINANCE PRESERVING PROPERTY TAX LEVY CAPACITY IN THE CITY OF PASCO, WASHINGTON FOR FISCAL YEARS AFTER 2006 IN ACCORDANCE WITH STATE LAW. WHEREAS, to provide the property tax revenues required by the general operating budget of the City for fiscal year 2006, City Council of the City of Pasco levied property taxes on all taxable property in the City for collection in fiscal year 2006 in the total amount of$4,752,886, which dollar amount is the sum of(a) $4,299,469,which is the amount of property taxes levied by the City in fiscal year 2005, plus (b) $0 of the allowable increase of the lesser of I% or the Implicit Price Deflator, which for this calculation, is 2.541%, (c) $453,417, which is the amount of additional taxes at the 2005 levy rate of 2.4157 cents per $1,000 of assessed value resulting from the addition of new construction and improvements to property in the City, property annexed into the City during fiscal year 2005, and any increase in value of state-assessed property in the City; and, WHEREAS, the City Council of the City desires to preserve in accordance with state law (including but not limited to Chapter 84.55 RCW) the capacity of the City to levy property taxes in future fiscal years after 2006 calculated as if the City in fiscal year 2006 had levied the full amount allowed by state law upon a finding of substantial need therefore; and WHEREAS, upon a finding of substantial need and based upon limit factors of the lesser of 101% or IPD (102.541%) for the previous year and limit factors of 106% for previous years as provided by RCW 84.55.0101 and $3.60 per $1,000 of assessed value by RCW 84.52.043 and 41.16.060, the City would be permitted to levy property taxes for fiscal year 2006 in a total amount of$5,897,210 (the "full amount allowed by law"), which dollar amount is the sum of(a) $5,443,793 (the lesser of the amount calculated by multiplying the allowable 2005 property tax levy of$5,389,894 times the limit factor of the lesser of 101% or IPD or the $3.60 per $1,000 statutory limitation), plus (b) $453,417, which is the amount of additional taxes at the 2005 levy rate of 2.4157 cents per $1,000 of assessed value resulting from the addition of new construction and improvements to property in the City, property annexed into the City during fiscal year 2005, and any increase in value of state-assessed property in the City; and WHEREAS, the full amount allowed by law for fiscal year 2005 of $5,897,210 is $1,144,324 greater than the actual property tax levy of the City for fiscal year 2006 of$4,752,886 and such excess of$1,144,324 represents the unused 2006 property tax levy capacity that the City desires to preserve for future fiscal years after 2006; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO ORDAIN as follows: Section 1. The City Council of the City fords and determines that there is substantial need for the City to preserve for future fiscal years after 2006 the capacity to levy property taxes on all taxable property in the City in the amount of$1,144,324, which is equal to the unused levy capacity of the City for fiscal year 2006. This substantial need includes, without limitation, the anticipated future requirements for additional property tax revenues that will be needed for the construction and/or maintenance of roads, streets, bridges and other transportation facilities of the City, to satisfy anticipated and unanticipated new regulatory requirements applicable to the City; to provide for potential excess costs of capital facilities; and generally to meet other substantial future financial requirements of the City. Section 2. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. ADOPTED by the City Council by the affirmative vote of a majority plus one vote of the members thereof and APPROVED by the Mayor of Pasco, Washington, at a regular open public meeting thereof, this day of November, 2005. Michael Garrison,Mayor ATTEST: Webster Jackson, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT NO. 88 FOR: City Council /I Date: 11/18/2005 TO: Gary Crutchfi 1 anager Workshop: 11/14/05 `���' Regular: 11/21/05 FROM: Richard J. Smith, Director rl Community & Economic Development Cruz R. Gonzalez, Urban Development Coordinator 6vZ SUBJECT: Purchase of Property located at 5`h & Ainsworth I. REFERENCES): A. Real Estate Purchase and Sale Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/14/05 DISCUSSION 11/21/05: MOTION: I move to approve the purchase of portions of lots 7 & 8, Gantenbeins Addition and, further, authorize the City Manager to execute all documents necessary to effect the purchase. III. FISCAL IMPACT Approximately $50,000 IV. HISTORY AND FACTS BRIEF: A. For the past several months, staff has been negotiating with the owner of lots 7 & 8, Gantenbeins Addition, to acquire the property. V. DISCUSSION: A. The owner has agreed to sell for a total of $47,500, representing the full value established by a certified appraiser. The city, as buyer, will be responsible for all closing costs as well as the environmental review to assure a "clean" site. B. The Real Estate Purchase and Sale Agreement lists three major contingencies, the first being approval of purchase by City Council, second a clean environmental assessment, and third, approval of HUD for use of HOME funds. C. Staff recommends approval of the purchase agreement. 14(a) REAL ESTATE PURCHASE AND SALE AGREEMENT (Please read carefully before signing) Pasco, Washington October 27, 2005 Received from City of Pasco (Buyer) the sum of$1,000 in the form of a certified check, which will be deposited with Cascade Title Company by John & Nora Merk (Seller) within ten (10) days after mutual acceptance. The earnest money will be applied as a credit to Buyer on the closing of this transaction. The Property to be sold in this transaction is shown on the map marked Exhibit "A" and by this reference is made a part of this Agreement. Subject properties are located in the City of Pasco corporate boundaries and consists of parcel #'s 112-383-458 & 112-383-460. 1. PURCHASE PRICE: The total price shall be Forty Seven Thousand Five Hundred Dollars ($47,500). Purchase price shall be paid, on closing, including earnest money. 2. CONTINGENCIES: Contingencies to be satisfied prior to closing are: A. Within 60 days of execution of this Agreement, the City Council shall formally approve the purchase of subject properties; and B. Within 60 days of the execution of this Agreement, the Buyer shall perform an environmental assessment of the subject properties. Both properties environmental assessment must be satisfactory to the City; and C. Within 60 days of the execution of this Agreement, HUD shall formally approve the use of federal HOME funds for the purchase of these properties. Failure to satisfy the above contingencies, in the times specified, shall result in the termination of this Agreement unless an extension of time is mutually agreed upon by the parties. In the event the Agreement is terminated due to failure to satisfy Contingency A, B, or C the full $1,000 earnest money deposit shall be returned to the Buyer within thirty (30) days. 3. TITLE: Title to the property shall be marketable at closing. Rights, reservations, covenants, conditions and restrictions presently of record or of apparent use, easements and encroachments of record or apparent use, not materially affecting the value of the property or unduly interfering with Buyer's intended use of the property shall not cause the title to be considered unmarketable. Additionally, the property is subject to the standard policy printed exceptions of Cascade Title Company, and the encumbrances, if any, retained by Seller for security as set forth in this Agreement. Buyer accepts the property subject to all easements and encroachments of record or of apparent use, including, but not limited to, easements granted to or retained or held by public utilities or governmental entities, and subject to restrictions and reservations of the supply of water and water rights and future assessments thereof. Buyer shall conclusively be deemed to have accepted the condition of title unless Seller receives notice of Buyer's objections within seven (7) days after preliminary commitment for title insurance is received by and made available to Buyer. 4. TITLE INSURANCE: The parties authorize the closing agent, at Seller's expense, to apply for a standard form owner's policy of title insurance to Page 1 of 1 2005-10 REPS Agreement-John and Nora Merk 10-27-0511/7/2005 4:43:00 PM be issued by Cascade Title Company. The title insurance shall contain no exceptions other than those contained in said standard form, those referred to in this Agreement, those accepted by Buyer, and those not inconsistent with this Agreement. It title is not so insurable and cannot be made so insurable prior to closing, Buyer may elect either to waive such encumbrances or defects and proceed with the closing, or to terminate this Agreement and receive a refund of the earnest money, at which time, this Agreement shall be at an end. Buyer acknowledges that a standard form title insurance does not insure the location of boundaries, and that an extended form if insurance is available at additional cost, with such additional cost to be borne by the Buyer. 5. CONVEYANCE: Title shall be conveyed by general warranty deed free of encumbrances and defects except those included in this Agreement or otherwise acceptable to Buyer. 6. PROPERTY CONDITIONS: Seller represents for Buyer's benefit that, to the Seller's best knowledge (a) no Hazardous Material has been released on the Property; (b) Seller has not entered into or been subject to any consent decree, compliance order or administrative order with respect to the Release of any Hazardous material affecting the Property; (c) Seller has not received any demand letter, compliance, or administrative inquiry concerning the Release or Threat of Release of any hazardous Material affecting the property; and (d) Seller has not been subject to or threatened with any government or citizen enforcement actions with respect to the Release of any Hazardous Material affecting the Property. 7. CLOSING: This sale shall be closed by Cascade Title Company. Closing shall occur within ten (10) days after satisfaction or waiver of all contingencies identified in Paragraph 2 above. "Closing" means the date on which all documents are recorded and the sale proceeds are available to Seller. Buyer and Seller shall deposit with closing agent all documents and monies required to complete this sale in accordance with this Agreement. 8. CLOSING COSTS AND PRORATIONS: Seller shall pay all customary and usual closing costs paid by Sellers of Real Estate in Franklin County, Washington, including title insurance premiums, excise tax, survey fees to establish the legal description and the property boundaries, one-half of document preparation, one-half of the escrow fees, and pro-ratable items. Buyer shall pay all customary and usual closing costs paid by Buyers of Real Estate in Franklin County, Washington, including recording fees, one-half of document preparation, one-half of escrow fees, sales or use tax, and pro-ratable items. 9. POSSESSION: Buyer shall be entitled to possession on closing. 10. ASSIGNMENT: Buyer may assign Buyer's right, title and interest in and to this Agreement without Seller's consent to any entity for the purpose of taking title to the property; provided that (i) Buyer shall remain liable for all unperformed obligations and unsatisfied liabilities of Buyer's assignee under this Agreement and (ii) Buyer delivers notice of Buyer's assignment no later than one (1) week prior to Closing. For purposes of this paragraph, "control" shall mean the power to direct the management of such entity through voting rights, ownership or contractual obligations. 11. AGENCY DISCLOSURE: At the signing of this Agreement, Buyer is represented by itself and the Seller is represented by itself. Buyer will be solely responsible for the payment of any real estate commission, which may be due. Page 2 of 2 2005-10 REPS Agreement-John and Nora Merk 10-27-0511/7/2005 4:43:00 PM 12. FIRPTA COMPLIANCE: This sale may be subject to the withholding and reporting requirements of the Foreign Investment in Real Property Tax Act (FIRPTA), unless Seller furnishes to Buyer an affidavit of non-foreign status. Seller and Buyer agree to comply with FIRPTA, if applicable. 13. NOTICES: Unless otherwise specified in this Agreement, any and all notices required to be given under this Agreement must be given in writing. Notices to Seller must be signed by the Buyer and shall be deemed to be given when actually received by or at the address of the Seller. Notices to Buyer must be signed by Seller and shall be deemed to be given when actually received by or at the address of the Buyer. 14. COMPUTATION OF TIME: Unless otherwise expressly specified herein, any period of time specified in this Agreement shall expire at 5:00 p.m. of the specified period of time, unless the last day is Saturday, Sunday or a legal holiday, as prescribed in RCW 1.16.050, in which event the specified period of time shall expire at 5:00 p.m. of the next business day. Any specified period of seven (7) days or less shall include business days only. 15. DEFAULT/TERMINATION: In the event Buyer fails, without legal excuse, to complete the purchase of the property then the earnest money shall be forfeited to Seller as liquidated damages in full satisfaction of any and all claims which Seller may have arising as a result of the Buyer's failure to purchase. Buyer Seller Seller 16. GENERAL PROVISION: Time is of the essence. There are no verbal agreements which modify this Agreement. This Agreement constitutes the full understanding between Seller and Buyer. Buyer has personally observed the property and has reached Buyer's own conclusion as to the adequacy and acceptability of the property based upon such personal inspection. Unless otherwise expressly specified herein, square footage, dimensions and/or boundaries used in marketing the property are understood to be approximations and are not intended to be relied upon to determine the fitness or value of the property. 17. LEGAL AND TAX IMPLICATIONS: This agreement affects your legal rights and obligations and will have tax implications. If you have any questions regarding this Agreement and the addendums, attachments or other related documents, you should consult an attorney or tax advisor. Further, if a dispute arises regarding this transaction, the prevailing party shall recover costs and reasonable attorney's fees, including those for appeals. 18. FACIMILE TRANSMISSION: Facsimile transmissions of any signed original document and re-transmission of any signed transmission shall be the same as transmission of any original. At the request of either party or closing agent, the parties will confirm facsimile transmitted signatures by signing the original document. 19. CONDITION OF PROPERTY REPRESENTATION: Buyer has inspected the subject property in this transaction, and is familiar with the condition of all property, which is the object of this Agreement. Buyer accepts and agrees to purchase the property, which is the object of this Agreement in its present condition, "as is", without reliance upon any representation made by Seller as to the condition or suitability of said property. There are no warranties, express or implied, which are the object of this offer beyond the description of the face hereof. Seller has made no representations regarding the condition or suitability for any Page 3 of 3 2005-10 REPS Agreement-John and Nora Merk 10-27-0511/7/2005 4:43:00 PM purpose of the land or installation of utilities which are the object of this transaction, except as provided in Paragraph 6 hereof. Buyer is relying solely on his own judgment in entering into this Agreement. 20, ENTIRE AGREEMENT: This document constitutes the entire agreement of the parties. There are no verbal or other agreements which modify or alter this agreement. Buyer and Seller further agree that they have read and understand all of the contents of this Real Estate Purchase and Sale Agreement. 21. ATTORNEYS' FEES. If either party is required to bring any action or otherwise refer this Agreement to an attorney for the enforcement of any of the covenants, terms or provisions set forth herein the prevailing party, in addition to all other remedies provided herein, shall receive from the other party all the costs, including without limitation reasonable attorneys' fees and expert witness fees and expenses, incurred in the enforcement of the covenants, terms and provisions of this Agreement (whether or not an action is instituted) and including without limitation any such costs and fees incurred in any declaratory action, arbitration and on any appeal or in any bankruptcy proceeding. 22. GOVERNING LAW; VENUE. The laws of the state of Washington shall govern the validity, enforcement, and interpretation of this Agreement. Any dispute or cause of action under this Agreement shall be resolved in the Franklin County Superior Court in the State of Washington. OFFER TO PURCHASE: Seller offers to sell the property on the above terms and conditions. Buyer shall have until 5:00 p.m. on November 31, 2005 to accept this offer, unless sooner withdrawn. Acceptance by Buyer shall not be effective until a signed copy hereof is actually received by Seller. If this offer is not so accepted, it shall lapse. SELLER: John & Nora Merk By: John Merk Nora Merk Approved as to Form: By: Leland B. Kerr, City Attorney ACCEPTANCE: On this date, , 2004 Buyer agrees to buy the property on the terms and conditions set forth in this Agreement. BUYER: City of Pasco By: Gary Crutchfield, City Manager PO Box 293 Pasco, WA 99301 509-545-3404 Page 4 of 4 2005-10 REPS Agreement-John and Nora Merk 10-27-0511/g/2005 3:23:00 PM Exhibit A W. "C " ST w w LO INS�Y ST AGENDA REPORT FOR: City Council November 9, 2005 FROM: Gary Crutchfi 1 anager Workshop Mtg.: 11/14/05 Regular Mtg.: 11/21/05 SUBJECT: Agreement for gislative Consultant Services I. REFERENCE(S): 1. Proposed Agreement II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 11114: Discussion 11/21: MOTION: I move to approve the agreement for legislative consultant services with Smith Alling Lane, P.S. and, further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: $12,000 IV. HISTORY AND FACTS BRIEF: A) The city has used the services of Smith Alling Lane for legislative consultant services over the past two legislative sessions to advance its interest regarding funding for the Ainsworth Overpass and the legislative correction necessary with regard to joint housing authorities. The consultant services agreement proved effective in assisting the city and the Port in obtaining full funding for the Ainsworth Overpass project in the 2004 session. The consultant has also been helpful in making progress regarding the legislative changes necessary to fix the joint housing authority statute. V. DISCUSSION: A) Given the tremendous financial success associated with the use of the consultant services agreement over the past two years (the Ainsworth Project received $5.2 million in state funding assistance), use of the consultant services agreement is strongly recommended for the 2006 legislative session. Not only should the city make further progress regarding the housing authority issue, the Road 100 interchange project requires about $1 million in funding assistance from the state Department of Transportation (and the pedestrian overpass may require it as well). While there is no guarantee that the legislative consultant will assure success in one's legislative endeavors, it substantially improves the city's opportunity to do so. Consequently, staff urges Council's approval of a successor agreement for legislative services. 10(b) 10/27/05 13:56 FAX 253 627 0123 SMITH ALLING LAN ((7]003 I I I CITY PF PASCO AGREEMENT FOR SERVICES This Agreement for Services(Agr Ieement)is between the City of Pasco, Washington (City)and Smith,Aging Lane,P.S., a Tacoma law firm(Contractor). i AGREEMENT- . 1. SCOPE OF SERVICES A, The Contractor shall provide to the City the following services: 1) Contractor shall advise and assist in planning state legislative information and lobbying efforts for the City during the terms of this contract. 2) Contract shall moinitor specific state legislation designated by the City, relevant legislative committees, state agencies, rule making, and the activities of appropriate interest groups which pertain to the stated interests, goals and objectives of the City. Contractor shall identify opportum es m a timely manner for City staff and elected officials to tesdfOefore legislative committees and subcommittees with respect to (proposed legislation; shall communicate such opportunities to the City, shall assist in preparation of testimony to be given;shall prepare witnesses as requested and testify on behalf of the City when requested. 3) Contractor shall represent the City on legislative objectives as directed by the City Manager with members of the Washington State Legislature, the Governor's office, appropriate legislative committees, state agencies and legislative staff. In addition, Contractor shall maintain effective liaison with major public interest groups and coalitions, including, but not limited to, the Association of Washington Cities. 4) During the legislaive session, Contractor shall provide the City with oral activity reports, weekly, or more frequently as needed. At least semi--monthly during session, the Contractor shall provide a written update of the status of proposed legislation of particular interest to the City. At other times, written reports will be provided as requested,by the City. I I I 1 i i 10;27105 13:56 FAX 253 627 0123 _ 5MITH ALLING LAN Z 004 5) Contractor will assist in the drafting,revising and obtaining sponsors for bills and bill amendments requested by the City, Additionally,the Contractor will work to obtain necessary support on bills by scheduling meetings with legislators, legislative staff. and others on legislation of interest to the City. 6) Contractor will meet, communicate and work with City staff; as necessary, to insure that specific technical issues are clearly and appropriately delineated and articulated. 2. COMPENSATION The Contractor shall receive a flat fee inclusive of expenses each month as shown below,unless extraordinary expenses are necessitated, in which case the Contractor shall obtain prior approval from the City. Such expenses must be approved by the City Manager, and shall not exceed$504.00 total for the term of this contract. This fee is calculated,based on an anticipated work load and an appropriate hourly rate of $100ihour. Should the Contractor expend less time working on behalf of the City than is established by the flat inclusive fee, the City will be charged the lesser per Dour rate. Under uo circumstances will the City be billed greater than the flat fee rate/manth, except that the parties may amend the contract to provide for additional compensation if extraordinary issues arise that will require significantly more work than contemplated herein. Billing shall be as follows: Stated monthly. November-December 2005 $1,500 1mo. January-March 2006 $2,500/mo. April 20M $1,500 3. BILLING AND PAYMENT PROCEDURE On or before the 15th day of each month, Contractor shall submit to the City a request for monthly payment for work performed during the previous month,which shall he processed by the City in the normal course. 4. EFFECTIVE AND TERMINATION DATES A. This.Agreement shall be effective as of November 1,2005 through April 30, 2006- B. This Agreement may be extended by mutual written agreement of the Contractor and the City. . 2 i I 10/27/05 13:56 FAX 253 627 0123 SMITH ALLING LAN C�OD5 i � llI. 5. EARLY TEgm.INATION OF AIGREENWNT A. The City and Contractor;by mutual written agreement may terminate this Agreement at any time. I� & The City,on thirty(30) days written notice to the Contractor,may terminate this Agreement for any reason deemed appropriate in its sole discretion of the City. C. Either the City or the Contractor may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination, however, the party seeld ag the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the party has not entirely cured the breach within fifteen (IS) days of the notice, then the party giving the notice may terminate the Agreement at any time thereafter by giving a writien notice of termination. 6_ PAYMENT ON EARLY TERMINATION In the event of termination under section 5 hereof, the City shall pay the Contractor for work performed in accordancq with the Agreement prior to the temtuiati on date, 7, CITY PROJECT MANAGER l A. The City Project Manag shall be designated by the City Manager. B. The Project lvianager is authorized to approve work and billings hereunder, to give notices referred too herein., to terminate this Agreement as provided hereiri, and to carry out aril other actions referred to herein. R. COMPLIANCE WITH LAWSI1 In connection with its activities uihder this Agreement, Contractor shall comply with all applicable federal,state,and local laws and regulations. if 9. MA]GN'I'I'=NANCE OF RECORDS The Contractor shall maintain records on a current basis to support its billings to the City, The City or its authorize' !representative shall have the authority to inspect, audit, and copy on reasonable' l otice and from time to time any records of the Contractor regarding its billings�or its work hereunder. The Contractor shall retain these records for inspection, aucht and copying for three years from the date of completion or termination of this lAgreement. l l , 3 , 10/27/05 13:56 FAX 253 627 0123 SMIITH ALLING LAN Z006 I 10. AMT OF PAYMENTS A. The City, either directly or through a designated representative, may audit the records of the Contractor at any time during the three (3) year period established by Section 9. ' B. If an audit discloses that,payments to the Contractor were in excess of the amount to which the Contractor was entitled,then the Contractor shall May the amount of the excess to the City- INS JRANCE The Consultant shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverage and in the amounts described below. The Consultant shall fimlish evidence, satisfactory to the City, of all such policies_ Dwing the term hereof, the Consultant shall take out and maintain in full force and effect the following insurance policies. A. Comprehensive public liability insurance, including automobile and property damage, insuring the City and the Consultant against loss or liability for dams es for personal injury, death or property damage arising out of or in g connection with the performance by the Consultant of its obligations hereunder, with minimum liability limits of$1,000,000.00 combined single limit for personal injury,death or property damage in any one occurrence. B. Such workmen's compensation and other similar insurance as may be required by law. C. )Professional liability .insurance with minimum liability limits of $1,000,000.00. 12. INDEMNIFICATION The Contractor shall indemnify and,hold harmless the City and its officers, agents, and employees, or any of them from any and all claims, actions,suits, liability, loss, costs, expenses, and damages of any nat=,whatsoever, by any reason of or arising out of the negligent act or omission of the Contractor,its officers, agents,employees, or any of them relating to or arising out of the performance of this Agreement. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the City and the Contractor and their respective officers,agents and employees,ior any of them,the Contractor shall satisfy the same to the extent that such judgment was due to the Contractor's negligent acts of omissions. I 4 10/27/05 13:57 FAX 253 627 0123 SMITH AUING LAN Z007 I i 13, sUBCONTRACTING 1i The Contractor shall not sabcontractl its work under this Agreement, in whole or in part, without the written approval of the City. The Contractor shall require any approved subcontractor to agree, as to the portion subcontracted, to fulfill all obligations of the Contractor as!specified in!this Agreement. Notwithstanding City approval of a subcontractor, j he '.Contractor shall remain obligated for full performance hereunder, and the City shall incur no obligation other than its obligations to the Contractor hereunder.' 14. ASSIGNMENT j The Contractor shall not assign;this Agreement, in whole or in part, or any right or obligation hereunder,without the prior written approval of the City. i , 15. CONTRACTOR'S PERSONNEL i ; The Contractor shall designate Robert E.Mack as the person to perform the work set forth in this Agreement. He will be assisted by Noah F. Reandeau. In addition, Timothy M. 5chellberg may assist; The Contractor shall not designate the performance of work of this Agreement ito another person, other than Robert R Mack or those persons mention above, without the prior written approval of the City. j � 1 16. INDEPENDENT CONTRACT01i STATUS A. The Contractor is engaged as an; independent contractor and shall be responsible for any federal; state, or focal taxes and fees applicable to payments hereunder. B. The Contractor, its subcontrlactQrs; and their employees, are not employees of the City and are not eligible far•, any benefits through the City, including, without limitation, health benefits, workers' compensation, unemployment compensation, and retirement benefits. I ; ' 17. REGISTRATION AND REPORTING AS LOBBYIST Contractor shall be responsible'for canlpliance with all requirements of chapter 42.17 RCW with regard to the activities Contractor engages in pursuant to this Agreement Except as otherwise required Eby law, the City will not register the Contractor as a lobbyist or other�wis i report the activities of the Contractor_ i i I I � I 5 10/27/05 13.57 FAX 253 627 0123 SMITH ALLING LAN 16008 18. N„ OTICE I A Any notice provided for under this greement shall be sufficient if in writing and delivered personally i to ithe foll'owing addressee or deposited in the United States Mail,postage Prepaid, certified mail, return receipt requested, addressed as follows,or to'such other address as the receiving party hereafter shall specify in writing: 1 If to the City: f'Oary Crutchfield city lanager j 5251 orth 3 Avenue P.O. ox 293 Pasco,iWA 99301 If to Contractor: Robert E.Mack I Smith Alling Lane 110 Broadway Plaza,#403 I Tacoma,WA 99402 19. A.1IIENDNW + 4 The City and the Contractor ma�'anmend tlus Agreement at any time only by written amendment executed by the City and the Contractor. Any amendment that increases the amount of compensation.payable to th�Contractor must be approved by the City Manager. The Project Manager may agree to and execute any other amendment on behalf of the City. 20, AVOIDANCE OF POTENTIAL CUNlF 1.1m I A. It is agreed that the n�urel of the I'work may result in direct conflicts of interest between the City;and other clients that the Contractor may represent currently,or in the fitture.;in these instances,the Contractor will immediately inform the City. The patties will �tiempt to identify the possibility of such instances before they occur� The Contractor shall not advocate or promote any legislative objectives'on behaV of existing or potential clients that are determined by the City,to:bq con#�ct with the City's legislative objectives. B. Contractor shall provide written nodiiee to the City of all current and any new clients obtained after the stait of tlxe-contract. Contractor will not accept new clients if doing so would create conflicts of interest for the Contractor or would otherwise impair t e Contractor's ability to fully perform the obligations of this contract 1 ' '6 1 10/27/05 13:57 FAX 253 627, ox2� SMITH ;�LLINGLAN ��09 i I 21, COSTS TQ PREVAILING P TY In the event of such litigation of other legal action, to enforce any rights, responsibilities or obligations under this A6eement, the prevailing parties shall be entitled to receive its reasonable 0030.and attorney's fees. 22. APPLICABLE LAW This Agreement and the rights f 4he parties hereunder shall be governed and interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be ierce dounty, State of Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than th substantial completion by the Consultant of the services. 23. CAPTIONS,HEADINGS AND TITLES All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of ref ontiy and shall not constitute a part of this Agreement or act as a limitation f the•sc e of the particular paragraph or sections to which they apply. As used 1i ein, wh re appropriate, the singular shall include the plural and vice versa, and m ulirie, feminine and neuter expressions shall be interchangeable. Interpretation' r co coon of this Agreement shall not be affected by any determination to-who is the drafter of this Agreement, this ,Agreement having been drafted•b mutual agreement of the parties. 24. SEVERABLE PRO► IONS; I Each provision of this Agreement is intended to be severable.If any provision hereof is illegal or invalid for any re asa 'whatsoever, such illegality or invalidity shall not affect the validity of the remaindc r of this greeinent. 25. ENTIRE AGREEMENT This Agreement contains the a understanding of the parties hereto in respect to the transactions contemplated I ereby supersedes all prior agreements and undesstaodings between the parti�s with respect to such subject matter. 1-6. COUNTERPARTS 'this Agreement may be executed in mul 'ple counterparts, each of which shall be one and the same Agreement and ,;shall become effective when one or more counterparts have been signed by each-of the parties and delivered to the other party. .. 10/27/05 12:58 FAX 253 627 0123 SMITH ALLING LAN 0 010 t ' ; Ili IN WiT1tiTESS WHEREOF, the parties hL have caused this Agreemmit to be executed effective this day of ,2005. I CONTRACrOR: By-, Dated: ROBERT E.MACK President, Smith Alling Lane Tax I.D.Ho.:91-1257316 MY OF'PASCO: � Dated: GARY CRUTCHMLD,City Manage I Attest: Dated: SANDY KBNWQRTHY,Deputy CitylCkrk ; Approved as to form: { _ Dated: LELAND B.KERR, City Attorney City Attorney i i • i I I 1 • AGENDA REPORT NO. 42 FOR: City Council 4el DATE: 11/15/05 TO: Gary Crutch anager Regular: 11/21/05 FROM: Robert J.AlberQT tor,Public Works SUBJECT: Reject SR 395/Court Street Pedestrian Overpass Crossing I. REFERENCE(SA: II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/21: Motion: I move to reject all bids received for the SR 395/Court Street Pedestrian Overpass Crossing project, and further, authorize staff to pursue funding assistance from the State. III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: On October 26, 2005, staff opened bids for the SR395 Court Street Pedestrian Overpass Crossing, for the second time. Staff received four(4)bids, one of which was non-responsive, leaving three (3) qualifying bids. The low bid was $799,048.20 including applicable taxes, submitted by Ray Poland& Sons. The second lowest bid was submitted by C.A. Carey Construction in the amount of $910,500. The Engineer's estimate prepared by HDR Engineering is $517,320.84. Council may recall that the project was identified in 2002. At that time, the cost was estimated at between $400,000 - $500,000. In June 2005, the project was bid and rejected, yet authorized to be rebid at a later time with the understanding that the project would be deferred to 2006. Budget was raised to $610,000 to accommodate anticipated cost increases. The purpose of this project is to add better pedestrian access across SR395 at Court Street. Although one could argue that the responsibility of this project is that of the WSDOT, the City has been willing to take on the project to ensure better pedestrian access and pedestrian safety. City currently has spent $83,505 for design services and would anticipate an additional $50,000 for construction inspection. Based on the bids, staff has a hard time justifying the cost for this. Unless Council wants to bear the full cost burden of this project (nearly$1 million), staff recommends the bids be rejected again and pursue funding assistance from the State(about $400,000 would solve the problem). V. ADMINISTRATIVE ROUTING Project File 10(c)