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HomeMy WebLinkAbout2005.12.12 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00'p.m. December 12,2005 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Initiative 901: 1. Agenda Report from Gary Crutchfield, City Manager dated December 6, 2005. 2. Initiative 901. 3. Administrative Order#45A. (b) First Night Tri-Cities: 1. Agenda Report from Gary Crutchfield, City Manager dated December 6, 2005. 2. General Solicitation from Tom Powers, President, First Night Tri-Cities. 3. Solicitation from Kennewick Mayor Beaver dated October 24, 2005. (c) Funding for the WIN 2-1-1 Call Center: 1. Agenda Report from Gary Crutchfield, City Manager dated December 8, 2005. 2. Letters to City Manager from Ms. Weber dated November 8 and November 21, 2005. (d) Franchise Renewal for Cascade Natural Gas Corporation: 1. Agenda Report from Gary Crutchfield, City Manager dated December 6. 2005. 2. Original Gas Franchise Agreement. 3. Map of Service Areas (Council packets only; copy available in City Manager's Office for public review). (e) 2006 Professional Services Agreement (PSA) with the Pasco Downtown Development Association (PDDA): 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated December 8, 2005. 2. Professional Services Agreement. (f) Amendment to the 2005 Annual Action Plan: 1. Agenda Report from Richard J. Smith, Community &Economic Development Director and Cruz Gonzalez, Urban Development Coordinator dated December 6, 2005. 2. Table 3 Consolidated Plan Listing of Projects. (g) Shotgun Hunting (MIT#05-173-1): 1. Agenda Report from David I. McDonald, City Planner dated December 7, 2005. 2. Resolution No. 2287 Granting Hunting Privileges. 3. Proposed Resolution Repealing Resolution No. 2287. 4. I-182 Development Map Showing Hunting Areas. (h) Grand Old 4th Celebration: 1. Agenda Report from Gary Crutchfield, City Manager dated December 6, 2005. 2. Letter from Franklin County Administrator dated 8/3/05. 3. 2005 Event Profit/Loss Summary. 4. Franklin County Resolution No. 2005-449. 5. Interlocal Agreement for Co-Sponsorship of Grand Old 4"'. (i) Amendment of Development Agreement for Sun Rise Estates: 1. Agenda Report from Gary Crutchfield, City Manager dated December 9, 2005. 2. Vicinity Map. 3. Development Agreement. 4. Proposed Addendum to Development Agreement. 0) Parking Ordinance Revision: 1. Agenda Report from Robert J. Alberts, Public Works Director dated December 5, 2005. 2. Map. (k) Dissolving the Sun Willows Development Fund: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated December 5, 2005. 2. Ordinance. Workshop Meeting 2 December 12, 2005 (l) 2005 Budget Supplement: 1. Agenda Report from Jim Chase,Finance Manager dated December 9, 2005. 2. Proposed Ordinance amending the 2005 Operating Budget. 3. Proposed Ordinance amending the 2005 Capital Improvements Projects Budget. 4. Memorandum from Jim Chase to Gary Crutchfield. 5. Exhibit I --2005 Budget Supplement. (m) 2006 COLA for Non-Represented Employees: 1. Agenda Report from Gary Crutchfield,City Manager dated December 6, 2005. 2. Proposed Ordinance,Non-Represented Wage Plan. 3. Proposed Ordinance,Management Salary Plan. (n) Temporary/Season Employee Wage Plan: 1. Agenda Report from Lynne Jackson,Human Resources Manager dated December 7, 2005. 2. Ordinance. 3. Proposed Wage Plan. (o) Progress in Deciding on a Paint Design for the Water Reservoirs: 1. Agenda Report from Water Reservoir Aesthetics Committee dated December 9, 2005. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Reminders: 1. 12:00 p.m., Monday, December 12, Pasco Red Lion — Chamber of Commerce Membership Luncheon. (Pasco High School Choir Christmas Presentation) 2. 10:00 a.m.,Tuesday,December 13, Senior Center—Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN) 3. 11:00 a.m.,Tuesday, December 13, 5210 Road 68,#L—Fiesta Mexican Restaurant Ribbon Cutti na and Grand Opening Ceremonies. (MAYOR MIKE GARRISON') (ALL COUNCILMEMBERS INVITED TO ATTEND) 4. 11:30 a.m. — 1:30 p.m., Wednesday, December 14, 404 W. Lewis Street—Mi Hacienda Restaurant &Grill Grand Re-Opening Celebration. (ALL COUNCILMEMBERS INVITED TO ATTEND) 5. 11:30 a.m., Wednesday, December 14, JD Diner, 3790 W. Van Giesen, West Richland—Monthly Mayor's Meeting. (MAYOR MIKE GARRISON) 6. 12:00 p.m., Thursday, December 15, 720 W. Lewis Street — Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; REBECCA FRANCIK,Alt.) 7. 4:00 p.m., Thursday, December 15, Three-Rivers Convention Center — TRIDEC Board Meeting. (MAYOR MIKE GARRISON, Rep.;MATT WATKINS,Alt.) 8. 11:30 a.m.,Friday,December 16, Roy's Smorgy—Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER EILEEN CRAWFORD,Rep.;MAYOR MIKE GARRISON,Alt.) AGENDA REPORT TO: City Council December 6, 2005 FROM: Gary Crutchfi anager Workshop Mtg.. 12/12/05 SUBJECT: Initiative 901 I. REFERENCE(S): 1. Initiative 901 2. Administrative Order#45A II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/12: Dr. Larry Jecha, Director of the Benton-Franklin Health District will attend the Council workshop to explain the content and impact of Initiative 901 III. FISCAL IMPACT: See below IV. HISTORY AND FACTS BRIEF: A) Initiative 901, dubbed the "clean indoor air act" was approved by a strong majority of the voters state-wide at the November general election. Generally speaking, the act prohibits indoor smoking in all places of employment and within 25 feet of their doorways. B) The new law takes effect December 8 and enforcement will fall to the Health District and the city police departments. As an employer, the city also has obligations to fulfill the mandate at all of its employment facilities. C) As an employer, the city has had a "no-smoking" policy in place for its facilities since 1985. V. DISCUSSION: A) Dr. Jecha will explain the initiative and the plan of the Health District to enforce its responsibilities under Initiative 901. 3(a) INITIATIVE 901 I, Sam Reed, Secretary of State of the State of Washington and custodian of its seal, hereby certify that, according to the records on file in my office, the attached copy of Initiative Measure No. 901 to the People is a true and correct copy as it was received by this office. 1 AN ACT Relating to the prohibition of smoking in public places and 2 places of employment; amending RCW 70. 160 . 020, 70 . 160 . 030, 70 . 160 . 050, 3 and 70 . 160 . 070; adding new sections to chapter 70 . 160 RCW; creating a 4 new section; and repealing RCW 70 . 160 . 010, 70 . 160 . 040, and 70 . 160 . 900 . 5 BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON: 6 NEW SECTION. Sec. 1. A new section is added to chapter 70 . 160 RCW 7 to read as follows : 8 INTENT AND FINDINGS . The people of the state of Washington 9 recognize that exposure to second-hand smoke is known to cause cancer 10 in humans . Second-hand smoke is a known cause of other diseases 11 including pneumonia, asthma, bronchitis, and heart disease. Citizens 12 are often exposed to second-hand smoke in the workplace, and are likely 13 to develop chronic, potentially fatal diseases as a result of such 14 exposure. In order to protect the health and welfare of all citizens, 15 including workers in their places of employment, it is necessary to 16 prohibit smoking in public places and workplaces . 17 Sec. 2. RCW 70 . 160 . 020 and 1985 c 236 s 2 are each amended to read 18 as follows : 1 I As used in this chapter, the following terms have the meanings 2 indicated unless the context clearly indicates otherwise . 3 (1) "Smoke" or "smoking" means the carrying or smoking of any kind 4 of lighted pipe, cigar, cigarette, or any other lighted smoking 5 equipment. 6 (2) "Public place" means that portion of any building or vehicle 7 used by and open to the public, regardless of whether the building or 8 vehicle is owned in whole or in part by private persons or entities, 9 the state of Washington, or other public entity, and regardless of 10 whether a fee is charged for admission, and includes a presumptively 11 reasonable minimum distance, as set forth in section 6 of this act_ of 12 twenty-five feet from entrances, exits, windows that open, and 13 ventilation intakes that serve an enclosed area where smokincf is 14 prohibited. A public place does not include a private residence unless 15 the private residence is used to provide child care, foster 16 care, adult care, or other similar social service care on the premises . 17 Public places include, but are not limited to: Schools elevators, 18 public conveyances or transportation facilities, museums, concert 19 halls, theaters, auditoriums, exhibition halls, indoor sports arenas, 20 hospitals, nursing homes, health care facilities or clinics, enclosed 21 shopping centers, retail stores, retail service establishments, 22 financial institutions, educational facilities, ticket areas, public 23 hearing facilities, state legislative chambers and immediately adjacent 24 hallways, public restrooms, libraries, restaurants, waiting areas, 25 lobbies, ( ( ) ) bars taverns bowling alleys, skating 26 rinks casinos reception areas and no less than seventy-five percent 27 of the sleeping uarters within a hotel or motel that are rented to 28 guests . A public place does not include a private residence . This 29 chapter is not intended to restrict smoking in private facilities which 30 are occasionally open to the public except upon the occasions when the 31 facility is open to the public. 32 (3) ( ( , 33 , 34 enc±usnre where irteals are made avaiierble to be consumed on the 35 , fUr COJJSjCJCTat±UJJ Of pCLYIILCJJt . ) ) "Place of employment" means 36 any area under the control of a public or private employer which 37 em to ees are required to pass through during the course of employment 38 including, but not limited to:_ Entrances and exits to the places of 39 em to ment and including a lDresumptively reasonable minimum distance 2 I as set forth in section 6 of this act of twenty-five feet from 2 entrances exits windows that open, and ventilation intakes that serve 3 an enclosed area where smoking is prohibited; work areas; restrooms • 4 conference and classrooms; break rooms and cafeterias; and other common 5 areas . A Private residence or home-based business unless used to 6 provide licensed child care foster care adult care or other similar 7 social service care on the premises, is not a place of employment 8 Sec. 3 . RCW 70 . 160 . 030 and 1985 c 236 s 3 are each amended to read 9 as follows : 10 No person may smoke in a public place ( ( 11 sinuking areas) ) or in any place of employment. 12 Sec. 4 . RCW 70 . 160 . 050 and 1985 c 236 s 5 are each amended to read 13 as follows : 14 Owners, or in the case of a leased or rented space the lessee or 15 other person in charge, of a place regulated under this chapter shall 16 ( ( ) ) prohibit smoking in public places 17 ( (by posti } ) and places of employment and shall post signs 18 prohibiting t t±11Y) ) smoking as appropriate under this 19 chapter. Signs shall be posted conspicuously at each building 20 entrance . In the case of retail stores and retail service 21 establishments, signs shall be posted conspicuously at each entrance 22 and in prominent locations throughout the place . ( ( 23 between a nonsmoking area and a SMUki:11CJ PeriLtitted areet shall: he clearly 24 ) } 25 Sec. 5. RCW 70 . 160 . 070 and 1985 c 236 s 7 are each amended to read 26 as follows : 27 (1) Any person intentionally violating this chapter by smoking in 28 a public place ( (nut designated as Ct SIMkilig CLr1=CL) ) or place of 29 employment, or any person removing, defacing, or destroying a sign 30 required by this chapter, is subject to a civil fine of up to one 31 hundred dollars . Any person passing by or through a public place while 32 on a public sidewalk or public right of way has not intentionally 33 violated this -chapter. Local law enforcement agencies shall enforce 34 this section by issuing a notice of infraction to be assessed in the 35 same manner as traffic infractions . The provisions contained in 36 chapter 46 . 63 RCW for the disposition of traffic infractions apply to 3 i I the disposition of infractions for violation of this subsection except 2 as follows : 3 (a) The provisions in chapter 46 . 63 RCW relating to the provision 4 of records to the department of licensing in accordance with RCW 5 46. 20 . 270 are not applicable to this chapter; and 6 (b) The provisions in chapter 46 . 63 RCW relating to the imposition 7 of sanctions against a person ' s driver' s license or vehicle license are 8 not applicable to this chapter. 9 The form for the notice of infraction for a violation of this 10 subsection shall be prescribed by rule of the supreme court . 11 (2) When violations of RCW ( ( ) ) 70 . 160 . 050 occur, a 12 warning shall first be given to the owner or other person in charge. 13 Any subsequent violation is subject to a civil fine of up to one 14 hundred dollars . Each day upon which a violation occurs or is 15 permitted to continue constitutes a separate violation. 16 (3) Local ( (fire) ) health departments ( (rn- fire ±stricts) ) shall 17 enforce RCW ( ( ) ) 70 .160 . 050 regarding the duties of owners 18 or persons in control of public places ( (, 19 , 20 owners of restanrant5) ) and places of employment by either of the 21 following actions : 22 (a) Serving notice requiring the correction of any violation; or 23 (b) Calling upon the city or town attorney or county prosecutor or 24 local _ health department attorney to maintain an action for an 25 injunction to enforce RCW ( ( ) ) 70 . 160 . 050, to correct a 26 violation, and to assess and recover a civil penalty for the violation. 27 NEW SECTION. Sec. 6 . A new section is added to chapter 70 . 160 RCW 28 to read as follows : 29 PRESUMPTIVELY REASONABLE DISTANCE. Smoking is prohibited within a 30 presumptively reasonable minimum distance of twenty-five feet from 31 entrances, exits, windows that open, and ventilation intakes that serve 32 an enclosed area where smoking is prohibited so as to ensure that 33 tobacco smoke does not enter the area through entrances, exits, open 34 windows, or other means . Owners, operators, managers, employers, or 35 other persons who own or control a public place or place of employment 36 may seek to rebut the presumption that twenty-five feet is a reasonable 37 minimum distance by making application to the director of the local 38 health department or district in which the public place or place of 4 I employment is located. The presumption will be rebutted if the 2 applicant can show by clear and convincing evidence that, given the 3 unique circumstances presented by the location of entrances, exits, 4 windows that open, ventilation intakes, or other factors, smoke will 5 not infiltrate or reach the entrances, exits, open windows, or 6 ventilation intakes or enter into such public place or place of 7 employment and, therefore, the public health and safety will be 8 adequately protected by a lesser distance . 9 NEW SECTION. Sec. 7. The following acts or parts of acts are each 10 repealed: 11 (1) RCW 70. 160 . 010 (Legislative intent) and 1985 c 236 s 1; 12 (2) RCW 70 . 160 . 040 (Designation of smoking areas in public places-- 13 Exceptions--Restaurant smoking areas--Entire facility or area may be 14 designated as nonsmoking) and 1985 c 236 s 4; and 15 (3) RCW 70 . 160 . 900 (Short title--1985 c 236) and 1985 c 236 s 10 . 16 NEW SECTION. Sec. 8 . CAPTIONS NOT LAW. Captions used in this act 17 are not any part of the law. --- END --- 5 ADMINISTRATIVE ORDER NO, 45A TO: All De artme P I ,(� FROM: Gary Crutchfiel by'"Ma[nager DATE: January 18, 1995 SUBJECT: Smoking Prohibited In Office Work Environments I. Purpt,se. The purpose of this Administrative Order is to comply with WAC 296-62- 12000 to protect employees from the hazards of exposure to ETS, commonly referred to as second hand smoke by eliminating indoor smoking entirely in Cite facilities, except in a designated smoking room that is specifically engineered to prevent ETS exposure to those outside the designated room. II.Def initions. (1) "CFM" means cubic feet per minute. (2) "Smoking" means igniting, inhaling, exhaling, or carrying a pipe, cigar, or cigarette of any kind which is burning. III. Smoking Prohibition. Smoking is prohibited in all City facilities, except in enclosed smoking roams approved by the City Manager and designated as such by signage. Any resignated smoking rooms approved by the City Manager shall satisfy the minimum requirements below: (a) Designated smoking rooms shall be clearly posted. (b) Designated smoking rooms shall be prohibited in common areas such as places where non-smoking employees are required to work or visit, restrooms, washrooms, hallways, and stairways. (c) No employee shall be required to enter a designated smoking room while smoking is occurring. Cleaning and maintenance work in a designated smoking room shall be conducted when no smokers are,present. (d) Designated smoking rooms shall be ventilated at rates of at least sixty (60) CFM per smoker (calculated on the basis of the maximum number of smokers expected during the course of a normal working day), which can be supplied by transfer air from adjacent areas. P (e) Sufficient negative pressure shall be maintained in designated smoking roams to prevent smoking migration to surrounding non-smoking areas at _ all times. (f) Designated smoking rooms shall operate with a separate mechanical exhaust system and be exhausted directly outside, without recirculation to non-smoking areas. (� } If the mechanical exhaust system for a designated smoking room is not operating properly, use of the room shall be prohibited until repairs are completed. Note: This regulation is not intended to affect structures provided for smokers such as gazebos or lean-tos external to a building that are intended to provide prrtection from inclement weather. I'V. Effective Date. The effective date of this Administrative Order is February 6, 1995, and replaces Administrative Order No. 45 dated July 26, 1985. Administrative Order No. 45A- Page 2 of 2 AGENDA REPORT TO: City Counc December 6, 2005 FROM: Gary Crutch . Manager Workshop Mtg.: 12/12/05 SUBJECT: First Night Tri- ities I. REFERENCE(S): 1. General Solicitation from Tom Powers, President,First Night Tri-Cities 2. Solicitation from Kennewick Mayor Beaver, dated October 24, 2005 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12112: Discussion toward consensus III. FISCAL IMPACT: See below IV. HISTORY AND FACTS BRIEF: A) The "First Night Tri-Cities" event provides an alcohol-free alternative for the annual New Year's Eve celebration. It was initiated in 1996 in downtown Kennewick and has rotated on occasion to both Pasco and Richland. B) The event was last conducted in Pasco in 2001. The First Night Tri-Cities Association requires the hosting city to provide as much as $10,000 in financial support. When it occurred in Pasco, the city provided $5,000 and the Downtown Association provided the balance. C) The First Night Tri-Cities Association has planned the December 2005 event to occur in downtown Kennewick. The city of Kennewick has committed $7,500 in financial support and has set aside another$2,500 for potential allocation to the event as well. V. DISCUSSION: A) The First Night Tri-Cities Association has apparently obtained a commitment for $1,500 from the city of Richland toward the December 2005 event being conducted in Kennewick, with the expectation that the December 2006 event be conducted in Richland. The Association has requested that Pasco contribute to the 2005 event as well. B) From a policy standpoint, staff suggests that Council discuss the issue of whether or not the city wishes to participate financially in the First Night Tri-Cites event at all (it has not for several years); if so, under what circumstances. Those circumstances could be one of three options: 1) The city may wish to view the First Night Tri-Cities event as a regional one occurring annually and allocate a fractional share of the annual sponsorship cost, regardless of the location of the event; 2) The city could prefer to provide the same fractional allocation (presumably one third) in exchange for the commitment that the event will rotate to each of the Tri-Cities; 3) The city could commit to the traditional form of financial assistance by committing to host the event every third year, concentrating the financial support in the year in which the event occurs in Pasco. C) Mr. Tom Powers, President of First-Night Tri-Cities will attend the Council workshop meeting to augment the attachments. 3(b) TRI-CITIES FIRST NIGHT m TRI-CITIES: PART OF A WORLD-WIDE NEW YEAR'S EVE CELEBRATION First Night® is like no other event in the Tri-Cities! First Night's@ mission is to broaden and deepen the public's appreciation of the visual and performing arts through an innovative, diverse and high quality New Year's Eve program which offers the community a shared experience that is accessible and affordable to all. ❖ It is a perfect way to celebrate New Year's Eve in an alcohol-free, family environment. ❖ It is a gathering place for people of all ages and cultures who come together to celebrate the coming of the New Year. ❖ First Night®is created by the community as a celebration of the New Year through the arts. The 2005 celebration is our 1 fla' anniversary. We use the community as a stage to showcase the visual and performing arts. Performers are local, regional, and national and are of the highest caliber of entertainers. HISTORY: First Night& originated in Boston in 1976. The concept has grown to over 200 cities across the United States and the world. First Nighty cities in Washington include Spokane and Tacoma-Pierce County. This unique New Year's Eve celebration takes place both indoors and outdoors. Kennewick locations include public buildings, stores, churches and schools. The city streets and Centennial Flag Plaza serve as venues for strolling musicians, entertainers and food vendors. Sidewalks become a viewing area for activities going on in storefront windows. 4410 W. Metaline Ave. Kennewick, WA 99336 tcfirstnight @yahoo.com a NI(TRI-CITIES SHOWTIME BUDGET—Annual costs on average to stage the Tri-City event is $30,000 to $32,000. A portion of the income is from the sale of admission buttons that provide entrance to all events. For the balance we are dependent on the generosity of local businesses, organizations, communities, and individuals who provide sponsorship support. Largest single budget item goes for performance fees paid to artists and entertainers from the Tri-Cities and throughout the state and region. NON-PROFIT ORGANIZATION — First Night® Tri-Cities is a well-organized and managed non-profit organization made up of volunteers and governed by an elected board of directors representing all three cities. The First Night® Tri-Cities Corporation operates as a 501 (C-3)non-profit organization. First Night© Tri-Cities strengthens communal ties, reflects on our cultural diversity, transcends all boundaries of race, age, gender and social status with the arts taking center stage. JOIN US IN OUR MISSION— To bring our communities together to celebrate with an affordable, alcohol-free New Year's Eve celebration centered on the Arts--December 3, 2005. Your participati appreciated. r , 4 4410 W. Metaline Ave. Kennewick, WA 99336 tcfirstnight @yahoo.com i MOV-22-2005 TUE 02:51 PM MARKEL BHG FAX NO. 509 735 1440 P. 01 K Ke.ENN CK October 24, 2005 Dear Local Official: I would like to take this opportunity to encourage your support of First Night. First Night started as an event that was rotated amongst Kennewick, Pasco and Richland to provide an alcohol free, family oriented alternative to celebrate New Year's Eve. For the past several years it has been staged in Kennewick and has been attended by citizens from throughout Benton and Franklin Counties. Recently Kennewick City Council approved $7,500 in support of the 05/06 event as well as an array of in-kind services. Our Council also authorized another $2,500 matching dollar for dollar any cash contributions the First Night Committee could secure from other governmental entities in the region. I encourage you to consider contributing to this worthwhile cause. We would also appreciate any thoughts you have for fixture First Night events again moving to rotating venues throughout our region. If you can be of assistance this year, please contact City Manager Bob Hammond at (509) 585-4238 or First Night President Torn Powers at(509) 735-6500. Sincerely, James R. Beaver Mayor Cc: Kennewick City Council Bob Hammond, City Manager Torn Powers, First Night President 210 W. 6th Avenue • P.O. Box 6108 • Kennewick, WA 99336-0108 (509) 585-4200 • Fax (509) 585-4445 AGENDA REPORT TO: City Council December 8, 2005 FROM: Gary Crutch i Manager Workshop Mtg.: 12/12/05 SUBJECT: Funding for th I WIN 2-1-1 Call Center I. REFERENCES: Letters to City Manager from Ms. Weber dated November S and November 2l, 2005. II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATION: 12/12: Discussion toward consensus. III. FISCAL IMPACT: To be determined by City Council. IV. HISTORY AND FACTS BRIEF: A) Several weeks ago, Ms. Beverly Weber, President of United Way of Benton and Franklin Counties, presented information on the plan to develop a regional WIN 2-1-1 Call Center and requested help with funding. B) Concern about the city contributing for the 2-1-1 Call Center on an ongoing basis revolved around possible duplication with the CAC's Home Base program and the need to ensure there be a clear agreement defining and limiting the extent of funding Pasco was willing to provide. V. DISCUSSION: A) Following Ms. Weber's presentation, there were questions regarding the relationship between the functions of the proposed WIN 2-1-1 Call Center and the Home Base program of the Community Action Center (CAC). Staff researched this and found that the two programs address different facets of human services provision_ This was further explained in a letter of November 21 from Ms. Weber to the City Manager and forwarded to Council. Both programs can be seen as a valuable part of the process to provide human services for our community. B) Staff requests Council determine whether it wishes to provide financial support to the 2-1-1 Call Center effort (staff recommends yes) and, if so, how much (staff supports $5,000 per year). If so determined by Council, staff will develop a funding agreement for Council review/approval next month: 3(c) 509.783.4102 tel 509.735.7005 fax 401 N.Young St- Kennewick,WA 99336 www.unitedway-btco.com November 8, 2005 what matters.- Mr.Cary Crutchfield,City Manager City ofPasco el5tese�Committee P O.Box 293 Y,elth Anderson Pasco,WA 99301 06stine Brown JoelEatker Ke;.llohenberg D=Gtr: Bern±Laverentz ..en Peters (.hrly Powers Ths,3k you for the opportunity to st ak Frith you this raornrt] about the Support y Jim sanders g possible Su rt of2-1-1 b the Willie5tone Ci v of'Pasco. On behalf of Peol For People, our re✓gion,s designated 2-1-1 Call Center, United Way of Beverlywebet,President Benton and Franklin Cotnties is rcquestin�$10,000 in financial assistance from the Cite of Pasco to Mug the 2-1-1 telephone information and refen-al :ystcm to Benton,and Fr m February klin Counties in Febr Board Members 2006- frank Anniio Ed ivoml Lee As!riian You are well aware of the numerous benefits that 2-1-1 can pru�ide to a communi And ou know that Laura Lee carry Gordon eee the Washington Information Network 2-J-1, a not-for-profit 501(cX3)corporation,was charged by the Othene Bell State Legislature to lead the effort to establish 2-1-1 services in WaslItin ton People For Peo le, a Amygton multifaceted riot-for-profit human service organization in Yakima, has been designated by WIN 2-1-1 as JnnnRIO Emery the Greater Columbia Region's 2-1-1 Cali Center. People For People's estimated.startup costs are t3arbara f rsandy Fits $113,000 to launch 2-1-1 in the first 5 counties of the 12-county region(Benton, Franklin, Walla Walla. Bob Frix Yakima and Kittitas), The first year Operating Costs are estimated to be an additional$314,000,makin a Becky Gau Wen total of$4 27,000 for combined startup and first year operating costs. It is estimated that one-third of the Becky Gautfple Lonnie Gillis pie will Come from the federal government one-third from the state and one-(bind from local Doug Haack conlRlUnitles through donations ay Bob Hammond $ ,gu'attts,private dollars and r,'nitt�d Ways. Bob Heck Jim Henschel At the federal level, the"Calling for 2-1-1 Act' (S211/HR896 is Re ecA H Angie) being considered by Congress, as well Zelnra Maine ackson as a$750,000 earmark request for 2-1-1 in Washington State. The Washington State Legislature just Barbara Johnson approved$1,040,000 in capital funds in order to implement 2-1-1 in our state. Also, diligent efforts are Kris Johnson cun'c dy underway throughout the state to encourage Governor Gregoire and the Legislators to support Carol Krueger the inclusion of additional funding in the budget to cover ongoing operations of 2-1 1. PP Paul Kruger Sill Lampsan Jim miltbauer Loamy, Ben*,on and Franklin Counties,portion of this$427,000 (startup and first year), based on the olhhn olaQTs three-way federal, state and local split and on the estimated population of our bi-counties relative to ttte Mark Panther total five-county area(38.3%), is $54,459. The following C'AhDcs the fiutds that have been raised to date Robyn Peoples Steve Piccolo iu our bi-county area: Norm Powell Cathy Preston-Mouncer Submitted Peadtng Marilyn Quad.el United Way of Benton and Franklin Counties $20,000 It4att rlie5enweber UWBFC Donor Designations 1,187 Paul Roster Bud Russell City of Kennewick 10,000 S5,000 Jean Ryckman (addition.!funds that will l+a awarded A.M.Sastry Human$avim Coalition 750 if mawhod by part iwx] Mike Scheender Pasco KiwaJniS Club j0Q Jeanie e-schwier Kelmewick Kiwanis Club fi<' taU municiprdities) Rt Krini Vdaquez 540 s Watkins Columbia Center Rotary Club S00 cod webons Coral 10 Date S33,437 MickeyYritherspoon r for'Nondrack Local Goal 54,459 i ddYoung B alance Needed $21,022 unite,o Way of PentQ11 and �o 7 ,0-6 soot 6 nON SONS: 600 xe F� 509.783.4102 ter 509.735.7005 fax 401 N.Young St. Eennewick,WA 99336 www.united-vay-bfco.com whdt matters,TM ? x{105 =(''f-'�i �-) Date: November_1, L- Executive Committee B.Sue Kung.Board Chair (I?; Keith Anderson To G Crutchfield, Pasco City Manager�' J — Christine Brown pp Joel Eacker v l I Ir�i.-1y`4 Yi la_R�S Ken Hohenberg 1 Toni: Beverly Weber, President and CEO BernieLaverentz OFFICE Len Peters Chris Powers Re: 2-1-1 and Home Base Jim Sanders Willie Stone With the conceited efforts underway to improve our community-wide service system to effectively lteverly Weber,President address homelessness, as well as other human service issues, it has come to our attention that There may be some confusion regarding the differences between 2-1-1 services and Home Base services. These two Board Members Frank Armijo services are not duplicative, but are distinctly different and are actually complimentary of one another. Ed Aromi Lee Ashjian Laura Lee Barry 2-1-1 services provide a"point of entry"for people from all walks of life, including those who arc Gordon Beecher homeless, to access the complex maze of human services. l ices. Home Base, of which United ay of Benton Othene Bell Amy Cruz and Franklin Counties is a supporting member, is a continuunn of care system designed to coordinate John Barrington Rich Emery needs assessment and case management services to effective]\ and efficiently serve people in our Barbara French-Norris community. The computerized case management services of Home Base are operated by an organization Sandy Fritts called 'A-people"which is associated with the RECA Foundation. That is a separate agency from Bob Frix 11 � �y om Bart Gallant "People For People"which is the not-for-profit organization in Yakima that will be operating the 2-1-1 Becky Gauthier regional onnie Giltispir ional Call Center. Doug Haacl:. Bole Hammond Home Base's contact information will be included in our re-ion's 2-1-1 Cali Center database aloe with Bob Heck V database, Jim Henschel hundreds of other services. The 2-1-1 Call Center customer service representatives will connect people to Rebecca Holland needed services, including, but not limited to, those provided by Home Base. For example a homeess l Angie Holt P + ZelrnaMaine)arkson individual could merely call 2-1-1 from any telephone, any where in our bi-county area and be Barbara lohnson immediately connected to Home Base. From there, Home Base will insure there is coordinated service Kris Johnson Carol Krueger delivery that will ultimately end the homeless situation. Paul K uger Bill Lam pson Jim Millbauer As you know, United Way of Benton and Franklin Counties has been collaborating with many local and Alex Najera state organizations for over three years to bring the 2-1-1 telephone information and referrals y stein to John et Mark Panthher er Benton and Franklin Counties in February 2006. 2-1-1 is currently operating in 32 states and serving Robyn Peoples nearly 50%of our nation's population, It is designed to connect people with important communi Steve Piccolo `J Norm Powell services and volunteer opportunities. 9-1-1 is the parallel service that has existed for several years Cathy Preston-Mouncer connecting people to emergency services. Marilyn Quadret Matt Riesenweber Paul Rosier The benefits of having a 2-1-1 Call Center in our region are far reaching: Bud Russell Jean Ryckrnan • 2-1-1 is a cost-effective answer to help people navigate the complex and ever-growing maze of A.M.sastry human service agencies and programs; Mike Schlender Jeanie Schwier • people can cut through red tape to gain access to a full range of community resources from a call Rene Vasquez center staff Kris Watkins person; Rod Webiing • 2-1-1 encourages prevention and fosters self-sufficiency and civic engagement; Mickey Witherspoon + employers can provide employees with one number to call whether they have a question or need )�Todd You g r support in a crisis; 0 2-1-1 connects volunteers with agencies and programs needing assistance; United Way of Bentop and Franklin Counties Page 2 • 2-1-1 can be used as a community planning tool by using aggregate data about the types of calls a 2-1-1 Call Center receives to anticipate demand for service§and mobilize resources to meet changing needs; and • 2-1-1 can be a back-up for 9-1-1 in the event of natural or man-made disaster. The Washington Information Network(WIN)2-1-1, a not-for-profit 501(c)(3) corporation, was charged by the State Legislature to lead the effort to establish 2-1-1 services in Washington. People For People, a multifaceted not-for-profit human service organization in Yakima, has been designated by WIN 2-1-1 as the Greater Columbia Region's 2-1-1 Call Center. The estimated startup and first year operating costs are $427,000 to launch 2-1-1 by February 2006 in the first 5 counties of the 12-county region(Benton, Franklin, Walla Walla, Yakima and Kittitas). It is estimated that one-third of the funding will come from the federal government, one-third from the state and one-third from local communities through donations, gras,is, private dollars and United Ways. Benton and Franklin Counties portion of this$427,000, based on the five-county population, is$54,459: At the federal level, the"Calling for 2-1-1 Act" (S211/HR896)is being considered by Congress,as well as a $750,000 eannark request for 2-1-1 in Washington State. The Washington State Legislature just approved $1,000,000 for 2-1-1 implementation in our state. Locally, the United Way of Benton and Franklin Counties has approved $20,000, the City of Kennewick has approved$15,000($5,000 of which has a public fundint=.match Mquuirement)_ and several local civic organizations have contributed funds as well. I hope this information has been helpful in answering any questions regarding the distinct differences between 2-1-1 and Home Base. And,thank you for your continued consideration of providing financial assistance. Your support will also enable People For People to draw down the extra$5,000 from the City of.Kennewick noted above. Please do not hesitate to contact me if you have further questions. AGENDA REPORT TO: City Council December 6, 2005 FROM: Gary Crutchf e Manager Workshop Mtg.. 12/12/05 Regular Mtg.: 12/19/05 Regular Mtg.: 1/3/06 SUBJECT: Franchise Ren wal for Cascade Natural Gas Corporation I. REFERENCE(S): 1. Original Gas Franchise Agreement 2. Map of Service Areas (Council packets only; copy available in City Manager's Office for public review) IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/12: Discussion 12/19: CONDUCT PUBLIC HEARING 1/3/06:MOTION: (Ordinance Granting Franchise Renewal). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The City of Pasco granted Cascade Natural Gas Corporation a 50 year franchise in 1955, which will expire at the end of 2005. Cascade Gas has extended its oas service to several areas of the community, as exhibited in Reference No. 2. B) State law requires the City Council to conduct a public hearing prior to the granting of any franchise and that such action occur at least five days following the public hearing. Staff has scheduled a public hearing for the December 19 Council business meeting; formal action to grant a franchise renewal could then take place at the first meeting in January. V. DISCUSSION: A) Staff is apprising Council of the proposed action prior to the public hearing so Council has an opportunity to identify any potential concerns which may then be addressed by the franchise applicant at the public hearing. 3(d) CASCADE 4 0 7 S E C U R I T I E S B U I L D I N G S E A T T L E 1 , W A S H I N G T O N C O R PO RATION February 3, 1956 The City of Pasco City Hall Pasco, Washington Attention: Miss Adah M. Perry, City Clerk Gentlemen: Please consider this letter as our formal acceptance of Ordinance No. 839, passed by your City Council on December 6, 1955, granting to Cascade Natural Gas Corporation a fifty-year franchise to construct, operate, and maintain gas distribution facilities in the City of Pasco. Yours very truly, CASCADE NATURAL GAS CORPORATION President SM Jgf ORDINANCE NO. 839 i AN ORDINANCE GRA.NTI NO TO CASCADE NATURAL GAS CORPORATION, A WASHINGTON CORPGRAT I ON, A NATURAL AND -» OR ARTIFICIAL GAS FRANCHISE AND THE RIGHT TO CONSTRUCT, OPERATE AP1D MAINTAIN A GAS PLANT AND DIS- TRIBUTION SYSTF-M IN THE CITY OF PASCO. GRANTING TO SAID CITY THE RIGHT TO ACQUIRE THE GAS UTILITY PROPERTIES AND FACILITIES OF THE GRANTEE WITHIN SAID CITY UPON PAY- MENT OF COMPENSATION AS HEREIN PROVIDED, AND SUBJECT TO OTHER SPECIFIED LIMITATIONS, TERMS AND CONDITIONS . THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES ORDAIN AS FOLLOWS: GRANT SECTION 1. That Cascade Natural Gas Corporation, a Washingt-n Corporation, its successors and assigns, be and it is hereby granted the right, privilege and franchise to construct, operate and main- tain in, through and along the present and future streets of the said City, and in through and along the present and future alleys, parkings, public properties and other places of said City, mains, pipes, boxes, reducing and regulating stations, laterals, conduits and connections, including service connections , together with all of the necessary appurtenances, for the purpose of supplying gas for heat, power, light and other purposes, to the said City and the inhabitants thereof, for the full term of this franchise, free from all taxation except as herein provided for, but subject however, to the limitations herein set forth, and provided , however, that the physical property or properties of the Grantee shall be taxed as other property in the City of Pasco, Washington. Said right and franchise shall be subject to the rights of the City itself to engage in such business at any time. CONDITIONS AND TERMS SECTION 2. In consideration for the granting of this franchise the Grantee shall pay to the city of Pasco from and after the date of the acceptance -?f this franchise and until its expiration, such percent of its gross service receipts, received from customers within the City limits, as such occupational tax shall be lawfully required from time to time by ordinance of the City, provided that said per- cent shall not exceed the gross revenue tax percentage levied or -2- assessed by the City, upon or against the gross receipts of any other privately owned public service corporation doing business in the City, and in addition thereto, the Grantee shall pay to the City such business license tax or charge as shall be currently charged for other businesses 'in the City. SECTION 3. The Grantee herein agrees as additional consideration for the granting of this franchise to establish, keep, maintain and conduct in the City of Pasco an office for th'e trans- action of its business with the inhabitants and customers of the Grantee in the said City, at which office all bills for service rendered by the Grantee in the said City, may be paid . SECTION 4. The Grantee shall be subject to the supi�r- vision, regulation and control as to rates, services and other mat- ters in the manner prescribed by law as now enacted or to be here- after enacted SECTION 5. All rights and privileges granted and duties imposed by this instrument upon Grantee shall extend to and be bind- ing upon its successors, receivers, liquidators and/or assigns and the right is expressly granted to the Grantee and its successors, receivers, liquidators, and/or assigns, to assign this instrument and contract, and all the rights pertaining thereto, subject to the limitation hereinafter mentioned. SECTION b. In all instances herein whenever the word "Grantee's is :used, it shall be underst�©d to mean and include Grantee, its successors, receivers, liquidators, and/or assigns, fully and to the same extent as though completely written out, un- less otherwise stipulated . SECTION 7. In all instances herein whenever the words "Public Properties" are used they shall be understood to mean and Include the thoroughfares, highways, roads, streets, avenues, park- ways, alleys, sidewalks, viaducts, bridges, public grounds, public properties and other public places and public grounds within the corporate limits of said City of Pasco, Washington. SECTION 8. The Bights, privileges and franchise hereby granted to and conferred upon the Grantee shall, unless this franchise -3- be sooner terminated as herein provided, extend for the full term Of fifty years from the date of the acceptance hereof by the Grantee. Such acceptance must be filed in writing with the City Clerk of the City of Pasco, Washington, within 60 days of the effective date of this ordinance, duly signed by the President of grantee corporation and attested by its secretary, and with sufficient evidence that said officers are authorized to accept the same, and if not so filed , this Ordinance -shall be null and void in all respects, as if never passed. SECTION[ 9. The Grantee by its acceptance of the above franchise, for itself, its successors or assigns, covenants and agrees to and with the City of Pasco at all times to protect and save harmless the said City, from all claims, actions, suits, liab- ility, loss, expense or damage of every kind and description, which may accrue to or be suffered by a person or persons, firm, corpora- tion or other body sustaining any damage, arising out of the owner- ship, construction or operation of said gas system and/or by reason of any infringement of any patent of any article or system used in the construction or use of said gas distributing system. Grantee agrees that during the life of its franchise, and/or renewals hereof, It will maintain in full force and effect, with a carrier or carriers licensed to do business in the State of Washington, the following; (a) Compensation insurances complying with all the workments insurance: and safety laws of the State of Washington, and amendments thereto; (b) Bodily injury liability insurance, with limits Of $100,000000 each person, and $3009000.00 each occurance, and (c) Property damage liability insurance, with limits of $50,000.00 each accident, and $100,000.00 aggregate. In each policy of insurance referred to in sections (b) and (c) , the City of Pasco shall be named as an additional in- sured, and appropriate certificates of such insurance shall be de- livered to the City. SECTION 10. The above insurance requirements shall - be waived during such times as the Department of Public Service of -4- the State of Washington shall certify, after public hearing of which the City shall be given notice, that the granteets insur- ance reserves are sufficient to provide the above protection, De- ductible provisions shall be acceptable if proper insurance re- serves are provided to cotter fully all deductible items, and are certified as sufficient by the Department of Public Service of the State of Washington. ORDINANCE AND ACCEPTANCE CONSTITUTE CONTRACT SECTION 11 . This ordinance and the written acceptance thereof by the grantee shall constitute the contract between the City and the Grantee, and the same shall be binding upon and inure to the benefit of the successors and assigns of the Grantee under the limitations herein imposed , but no assignment shall be made pur- suant to Section 5 hereof without first obtaining the written con- sent of the City Council Of the City of Pasco, as provided by Sec- tion 26 herein. GWiTE£. TO CONN;;TRUCT PLANT SECTION 12. Grantee shall in any event commence the actual work of construction of the plant and laying of the pipes of the Grantee, within a reasonable time after construction of a gas trans- mission line designed to make gas available to the Masco area has commenced and to thereafter prosecute said construction dilligently and continuously to completion in such manner as to provide natural gas to domestic customers within 6 months after natural gas is avail- able in the ;Hain line and if not so constructed and completed all tights and privileges of this franchise shall be forfeited provided , however, that if the Grantee is rendered unable to complete said construction of said system by force ma,jeure, the City shall give to the Grantee an extension of time equal to the time lost through said force ma,jeure. If within a period of 5 years from date of acceptance of this franchise, the construction of a gas distribution system within the city has not been completed for any reason them all rights of grantee under this franchise shall be deemed terminated . Mains of suitable size shall be laid in utility easements and -s- the alleys wherever reasonably possible rather than in the public streets except where necessary to cross streets as determined by the Grantee, and shall be so laid as to make the gas service of the Grantee available to the consumers of said City, any deviation there- from to be with the consent of the City Council . The Grantee shall submit a blue print or map 6f the location of all mains in the streets, alleys, parkings and public places of said City, which must be ap- proved by the proper committee of the City Council or whomever may act for it in such regard before the pipe is laid . All materials and equipment used in the construction of said gas distribution system shall con:Drri to the specifications and requirements of the American Gas A3soc iat ion, and all equipment be approved by the Na- tional Board of Fire Underwriters and/or the current applicable code of the American Standards Association. Provided that the Grantee, its successors and assigns shall not be required to construct or extend any gas main into or along any block of three hundred feet in said City antil at least four consumers in such block agree in writing to take and install said service, and accordingly, at least three consumers for two hundred and fifty feet, two for two hundred feet, and one for one hundred feet. LAYING PIPE SECTION 13. All pipe lines of the Grantee shall be laid at least fifteen inches below the surface of the streets and alleys of said City and at least such depth below the bottom of all irri- gation and drain ditches and in such a manner as not to interfere with any present public or private irrigation or drain ditches , drains, sewers, water inains, conduits, sidewalks, paving or other public improvements. All repairs thereto or replacements thereof entailed by the construction, operation and maintenance of said gas plant and enlargements thereof, which are contemplated here- as In, shall be/provided in Section Ili. The said City reserves the right to construct, change or repair any public improvements, and to change the grades of any streetsand alleys , written notice of such intention and when such is to be done, where any part or i i -(- parts of the gas distribution system here in contemplated is involved, to be first given the Grantee, and, if any such changes or re- pairs be made, the Grantee shall at its own expense lower, change or alter his pipe lines or appurtenances involved accordingly and in accordance with a standard practice or any regulations thereto Pertaining, and the Grantee shall not interfete with the conduits, domestic water or irrigation pipe lines, drains, sewers, sidewalks, paving or other public improvements of said City or the public utilities therein, If practicable, no pipe lines shall be laid closer than two feet to any water main or other pipe or conduits of other utili- ties. All irrigation pipeline must be replaced in a good workman- like manner as quickly as possible in all cases, at the sole expense of Grantee, REPAIRS AND REPLACEMENTS SECTION 14. All earth, materials, sidewalks, paving, crossings or improvements of any kind disturbed, injured or removed by the Grantee shall , within a reasonable time, be fully repaired and/or replaced promptly with like material by the Grantee &-V Granteets sole expense, and the grantee shall forever protect and save said City harmless from any loss or damages thereon. Said disturbed and/or replaced areas must be maintained in good condition by grantee for one year after completion of the work, and if not so maintained In good repair said areas may be repaired by the City, and the ost thereof charged to grantee, and Grantee hereby agrees to pay the same, EXCAVATIONS TO BE SUPERVISED SECTION 15, Any excavations by the Grantee in any of the streets, roads, alleys or public grounds within the limits of said City shall be done, in accordance with such reasonable rules, regulations, re- solutions and ordinances now enacted or to be enacted by the Govern- ment of said City, relating to excavations in streets, alleys and public grounds of said City, and under the direction and supervision- of the officials of said City, who, from time to time, may be Invest- ed with the supervision over the streets and alleys of said City. Each month Grantee shall pay the reasonable costs of salary and inci- _7- dental expense of such supervisor. GRANTEE TO,MAKE EXTEIvS I OM AND TAI SECTION 16. The Grantee shall at all times during the term of this franchise install and maintain, at its own expense, such service devices, street services, and regulating and measuring de- vices, exclusive of meters, as may be necessary for supplying ser- vice to the consumers, such requirement extending only to services to the curb line along the line of the main where the main is in the street, and to the abutting property line where the main is in the alley. The Grantee shall make all reasonable extensions for supplying service to consumers who are inhabitants of said City. The same shall be made, supplied and furnished under such reason- able rules and regulations as to rates, services and other matters as may be prescribed by the body or authority having jurisdiction thereover, in accordance with the provisions herein contained or referred to. If the State of Washington shall abandon such super- vision, the City of Pasco may prescribe such rules and regulations or any part or portion thereof, as may be in effect by the Depart- ment of Public Services of the State of Washington at the time the grantee commences actual operation of said gas distribution system under this franchise, or '-such other reasonable and proper rules and regulations as said City may deem necessary, unless said City is otherwise prohibited by law from so doing. g2&I TY AND PRESSURE OF GAS SECTION 17. The gas to be supplied to said City and its in- habitants under the terms and conditions hereof shall be merchant- able gas and shall be supplied to the consumersf meters at such rea- sonable pressure as may be prescribed by the regulatory body having Jurisdiction over such matters. RATES AND CONDITIONS OF SERVICE SECTION 18. The rates to be charged and exacted, and the rules- and regulations in respect of the conditions, character, quality and standards of service to be furnished by the Grantee, and all such matters, shall be under the jurisdiction and control of such regula- tory body, state or otherwise, as may from time to time be vested by law with the authority and jurisdiction therecver . MAPS-, PLATS, R£C©RDS. ETC, SECTION 19. The Grantee shall at all times keep maps and re- cords showing the locations and sizes of all gas mains laid by it In said City, and such maps and records shall be subject to inspec- tion at all reasonable times in said City by the proper officials or agents of said City. Four copies of a corrected and up-to-date map of such locations shall be furnished to the City Clerk each month. METERS SECTION 20. All gas sold and distributed by the Grantee shall be by meter measurement, on the property of, or at, or in the build- ing of, the consumer served , and the Grantee, its agents, licensees, or employees shall have the right to read and inspect the gas meters at all reasonable times and to go on the premises thereof. The Grantee shall furnish and install good and reliable meters without charge to the consumers, and the terms and conditions of furnishing and testing thereof shall be as prescribed by the regulatory body having jurisdiction over such matters. GRANTEE TO MAKE RULES AND REGULATIONS SECTION 21 . The Grantee, its successors and assigns may make such reasonable rules and regulations for the protection of its pro- perty, for the prevention of loss and waste, for safety purposes, for the conduct of business and in respect of the sale or distribu- tion of gas, as may be advisable or necessary from time to time, all in accordance herewith and valid applicable state laws, rules and regulations. FCRF£ITURES OF FRANCHISE SECTION 22. In case of failure on part of the Grantee, its successors or assigns to comply with any of the previsions of this - ordinance, or if the Grantee, its successors or assigns do or cause to be done any act or thing prohibited by or in violation of the terms of this ordinance, the Grantee, its successors or assigns shall forfeit all rights and privileges granted by this ordinance and all rights thereunder shall cease; provided that such forfeiture shall -9- not occur or take effect until said City shall carry out the following proceedings and procedures; Before said City may proceed to forfeit said franchise as in this section provided, it shall first serve written notice upon the manager of the Grantee, its successors or assigns, as provided by law for the services of summons, and upon the trustees under any mortgage or trust instruments, if any, filed or recorded in Franklin County, Washington, and any other representatives of investors, if' any, of which there is a filing or record in such county, by mailing by registered mail to such trustee, trustees, representative or representatives, if any written notice, all such notices to set forth clearly and in detail the failure or violation complained of, and the Grantee, its successors or assigns shall have ninety days thereafter in which to comply with the conditions of this franchise. If such failure or _violation continue beyond said ninety days, the City may bring action in the Superior Court of the State of Washing- ton in and for Franklin County or any other court of competent ,juris- diction, to forfeit said franchise, and if such court shall find, and such findings shall be sustained on appeal , if any, that the Grantee, its successors or assigns shall have failed in any material and substantial respect to comply with this ordinance, so that said Cityfs rights or the rights of the inhabitants thereof have been materially and substantially affected thereby, or that the Grantees, its successors or assigns shall have done or caused to be done any act or thing prohibited by or in violation of the terms of this ordinance so that said City is rights or said inhabitants' rights have been materially and substantially affected thereby, and that the ground or grounds of forfeiture set forth in the notice had not been cured at the time of commencement of suit, then the City shall-, hav-e the right to have the court enter ,judgment declaring this fran- chise forfeited and assessing the costs of such action against the Grantee, its successors or assigns, Provided, however, that any such failure, default or violation shall not constitute ground for forfeiture if due materially, substantially and reasonably to act of God, fire, flood, storm, or other element or casualty, theft, i U- war, disaster, strike, Lockout, boycott, labor disturbance or disruption, governmental authority, allocations, .rules or,regula- tions, shortages of materials or labor, shipping or transportation shortages, prevailing war or war preparation induced conditions, or bona fide legal proceedings, beyond the reasonable control of the Grantee, its successors or assigns. RFI&D IES TO ENFORCE C2�IpL IANCE SECTION 23. The City, in addition to its right to forfeit this ordinance and franchise, as provided in Section 22, reserves and has the right to pursue any remedy to compel or enforce the Grantee, its successors or assigns to comply with the terms hereof and furnish the service herein called for, and the pursuit of any right or remedy by the City shall not prevent the City from there- after declaring a forfeiture for any reason herein stated , nor shall the delay of the City in declaring a forfeiture estop it from there- after doing so , unless the action of the City shall have presented , caused or contributed materially to the failure to perform or do the act or thing complained of. The cost of any such action shall be assessed against the Grantee, its successors or assigns. RECORDS AND RIGHT OF CITY TO ACOUIRE E t PROPERTY SECTION 214. Grantee shall keep an accurate record of costs Of its gas system and annual gross receipts thereof in said City and shall furnish the City of Pasco, Washington with such itemized record of costs for the purpose of establishing the value of the physical property included in its gas transporting system and/or distributing system, and/or co;nputing the tax on gross receipts. SECTION 2_�). The Grantee by its acceptance of this ordinance expressly agrees that the City shall have the right, at any time-' during the terra of the franchise granted by this ordinance, to acquire all of the gas utility property and facilities of the Grantee situated within the corporate limits of the City, for a compensation to be determined by agreement or arbitration in the manner herein-- after provided , or by condemnation in the manner provided by law, upon the approval by the qualified electors of the City of Pasco, of an ordinance authorizing the acquisition of such property by the City. -11- If such ordinance shall provide for such acquisition at a com- pensation to be determined by agreement or arbitration, the City and the Grantee shall each promptly appoint a representative, with authority in behalf of the City and the Grantee, respectively to agree upon and determine the compensation so to be paid by the City for such property; and in the event of the failure of such repre- sentatives, within a period of six months after their appointment, to agree upon the compensation so to be paid, such representatives shall select a third person to act with such representatives as a board of arbitrators to determine the amount of such compensation; and the decision of a majority of such board as to the compensation so to be paid by the City shall be binding upon both the City and the Granteeo In the event of the failure of such representatives appointed by the City and the Grantee promptly to agree upon the selection of such third person to serve on such board of arbi- trators, after failing to agree between themselves upon the amount Of such compensation, such third person may be appointed on appli- cation of either party by the Judge of the United States District ,-ourt for the district in which the City is located . The City and the Grantee shall each pay the cost of the services of the repre- sentative appointed by it, and the City - and the Grantee shall each Pay one-half of the cost of the services of the third member of such board if any. Upon the payment of lawful tender to the Grantee of the compen- sation so agreed upon by such representatives, or as determined by such board of arbitrators, the Grantee shall transfer and con- vey to the City all of the gas utility property and facilities of'' the Grantee for which the compensation shall have so been agreed upon or determined ; but in the event of the failure of the City to pay or make lawful tender to the Grantee of such compensation within six months after final determination of the amount thereof, such determination and all proceedings incident to the making thereof Shall become null and void , and shall cease to be binding upon either Cher party. Notrixng, hereinai;cve set rc rtP, however, shall be construed as any limitation upon or waiver of the CitYfs right to acquire such _12- Property of the Grantee at any time by condemnation in the manner provided by law, if the City shall elect so to acquire such property. The grantee expressly recognizes and agrees, with respect to the acquisition by the City of the Granteets gas utility property and facilities within the City, whether the compensation to be paid therefore be determined by agreement or arbitration as above pro- vided or by condemnation, that no compensation or value shall be allowed or taken into account for the unexpired term of the right and franchise granted by this ordinance. ASS IGNMENT OF FMK-HISE SECTION 26. The franchise hereby granted shall not be leased , assigned or otherwise alienated without the express consent of the City by ordinance passed for the purpose, and 'no rule of estoppel shall ever be invoked against the City in case it shall assert the invalidity of any attempted transfer in violation of this sec- tion; but the consent of the City is hereby expressly given to the mortgaging of said franchise, together with the gas utility property and facilities of the Grantee within the City, under any presently outstanding or future mortgage or mortgages given to se- cure any bonds or other bona fide indebtedness of the Grantee. SAVING CLA1JsE SECTION 27. That the provisions, portions and/or sections of this ordinance are severable, and if any provision,portion and/or section is, and/or any previsions, portions and/or sections are, held to be invalid, illegal or void , the illegality or invalidity of such parts shall in no manner affect the validity or legality of the remainder of this ordinance. EFFF..CI'I VE SECTION 28. This ordinance shall take effect and commence in full force on the day next following the expiration of five days from and after its passage, approval and publication as provided by law, provided and upon the acceptance thereof by the Grantee, its successors or assigns as above provided . Upon its ..1�_ tal-ring effect all otl-.er ordinances ::^r parts of ordinances incon- sistent or in conf I ict -Wlth said Qrd finance are hereby repealed . This ordinance naving been rEad three times in its entirety waz adopted as a whole by the following vote: Yeas Bonnett', Comas, Connell , Hicks Uilne tier, , VanHoy and Plays None and the ordinance was >>eclare-d adopted on this the 6th day of December, CITY OF PASCQ WASHINGTON Harry V, uster, I+hayor ATi EST: :I 4d'ah rry , C i erk A:ID v as to y or r� icrla.rd 3. Patric_!, Cl ty At4orney J Date of rublicati.on: AGENDA REPORT NO. 99 FOR: City Council Date: December 8, 2005 TO: Gary Crutchfie t Manager Workshop: 12/ 1Z/05 p`r Regular: 12/19/05 FROM: Richard J. Smit , Director QJ Community & Economic Development SUBJECT: 2006 Professional Services Agreement (PSA) with the Pasco Downtown Development Association (PDDA) 1. REFERENCECSj A. Professional Services Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/11L/05 WORKSHOP:DISCUSSION 12/19/05 REGULAR: MOTION: I move to approve the 2006 Agreement with the Pasco Downtown Develop- ment Association to provide professional services and authorize the City Manager to sign the agreement. III. FISCAL IMPACT $30,000 IV. HISTORY AND FACTS BRIEF: A. In 2005, the City entered into a professional services contract with the PDDA for annual funding in the amount of $30,000 to help them defray costs associated with such activities as marketing the downtown, operating the Farmer's Market, sponsoring the annual Fiery Food Festival, assisting with the formation of a BID, and soliciting participation in the fagade improvement program. B. Under the terms of the 2005 Agreement, the PDDA continued efforts to enroll downtown business/property owners as dues paying members and was to take the lead in developing a petition to form a BID. These activities are ongoing. V. DISCUSSION: A. If the City Council is comfortable with the Agreement as written the draft will be forwarded to the PDDA Board for review and approval. Upon their approval, the City Council could approve the agreement at the December 19th meeting. If the Board is not able to review the Agreement by next week, Council can take action at the January 3rd meeting. 3(e) PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PASCO AND PASCO DOWNTOWN DEVELOPMENT ASSOCIATION FOR 2006 An Agreement by which the Pasco Downtown Development Association (PDDA), a non-profit Washington State corporation (hereinafter called "ASSOCIATION"), agrees to provide professional services to the City of Pasco, a municipal corporation of the State of Washington (hereinafter called "CITY"), for the stated consideration and in accordance with the terms and conditions provided herein and setting forth the rights and responsibilities for the parties. WHEREAS, the ASSOCIATION is a private, non-profit corporation, established to promote downtown business and property development through a balanced and comprehensive process that includes organization, promotion, design, and economic restructuring; and WHEREAS, the CITY desires to promote and sustain the economic development of the downtown businesses for the benefit of the CITY'S residents; and WHEREAS, the CITY has a continuing need for additional assistance in planning and implementation of a comprehensive downtown revitalization program and related improvements; and WHEREAS, the CITY desires to provide for the protection of the health, safety, and general welfare of the CITY'S residents and visitors; IT IS AGREED AS FOLLOWS: Section 1. The Association will accomplish the following specific objectives during the term of this Agreement. A. By June 1, 2006, enroll not less than 25% of licensed business/property owners in the PDDA area as dues paying PDDA members. Progress reports identifying the current members, new members and net increase/decrease in members shall be provided to the City in accord with the schedule identified in Paragraph E below. Said Progress reports shall include a list of all property addresses within the downtown and the date, contact person and outcome of attempts to enroll the business and/or property owner in the PDDA. Page ] of 2 B. In accordance with the schedule identified in Paragraph E below, provide a list of all contacts and the outcomes of PDDA efforts to help property owners sell or rent downtown properties. C. With City technical assistance, take the lead in developing a petition to form a downtown Business Improvement District (BID). A petition should be submitted to the City by not later than March 1, 2006. D. With City technical assistance, continue to publicize the availability of City financial assistance and assist business/property owners who desire to improve the facades of their buildings. All fagade improvement assistance program funds should be committed by July 1, 2006. E. Provide the City with written quarterly reports which address both the PDDA'S financial position and performance in fulfilling the objectives and service obligations which are the subject of this Agreement. The reports will be due on April 10, July 10, October 9, and December 29, 2006. Section 2. Consideration. In consideration of the services performed on behalf of the City as set forth in the Agreement under Section 1, the City shall pay a total of Thirty Thousand Dollars ($30,000) in four equal installments of Seven Thousand and Five Hundred each to be paid at the beginning of each quarter (the first being due within fifteen (15) days of the signing of this Agreement. Section 3. Terms. This Agreement shall commence as of January 1, 2006 and terminate on December 31, 2006. DATED this day of , 2006 CITY OF PASCO PASCO DOWNTOWN DEVELOPMENT ASSOCIATION Gary Crutchfield For the PDDA City Manager ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney Page 2 of 2 AGENDA REPORT NO. FOR: City Council DATE: December 6, 2005 WORKSHOP: 12-12-05 TO: Gary Crutchfi Manager REGULAR: 12-19-05 FROM: Richard J. Smith, Director i (,j Community & Economic Development Cruz R. Gonzalez, Urban Development Coordinator SUBJECT: Amendment to the 2005 Annual Action Plan I. REFERENCE(S): A. Table 3 Consolidated Plan Listing of Projects II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12-12-05: DISCUSSION 12-19-05: MOTION: I move to approve the amendment to the 2005 Annual Action Plan listed as Reference A. III. FISCAL IMPACT $50,000 IV. HISTORY AND FACTS BRIEF: A. At the September 20, 2004 City Council approved 2005 Allocations and Annual Work Plan by Resolution No. 2842. B. On November 13, 2004 Pasco submitted the 2005 Annual Action plan outlining 2005 staff recommendations to HUD. C. Two lots near 5th & Ainsworth (near new overpass) became available and were proposed to purchase for development of two low income housing units. After the purchase of the properties the City will contract with a not-for-profit company to build these homes. The City Council will select the specific non-profit in a separate action. D. The City Council appropriated the necessary funds from the HOME program on November 21, 2005 through Resolution 2912. At the same meeting City Council then authorized the City Manager to execute all necessary documents to purchase of the two lots near 5th and Ainsworth described as portions of lots 7 & 8, Gantenbeins Addition. E. The real estate purchase and sale agreement listed three major contingencies, (1)approval of purchase by City Council, (2) a clean environmental, and (3) approval of HUD for use of HOME funds. F. In order to meet the third contingency we must amend the 2005 Annual Action Plan to allow purchase of property for development of low income housing then submit the amendment to HUD, 3(f) Reference A U.S.Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.8/31/2005) Table 3 Consolidated Plan Listing of Projects Applicant's Name: City of Pasco, P.O. Box 293, Pasco, WA 99301 Priority Need: IV. 4. Improve Affordable Housing Opportunities/Maximize homeownership opportunities for lower income and special needs households. Project Title: Homeownership Program Project Description: The City of Pasco will use HOME funds to purchase land that will be used for new construction of affordable owner occupied housing units. It is anticipated that the City of Pasco will partner with a local housing provider or CHDO for the construction of the housing units. Upon completion, the homes will be sold to lower income persons and provide affordable housing opportunities. Location: Comer of 5`h and Ainsworth, Pasco, WA Objective Number Project ID LMH 0032 Funding Sources:HUD Matrix Code CDBG Citation CDBG .......................... .............I............... .......................- ................................... 01 Acquisition of Real 570.201(a) ESG ........................................................ HOME 50,000 Property ................................................................. Type of Recipient CDBG National Objective HOPWA --.....................................................- Local Government 570.208(a) Benefit low/mod Total Formula ................................................................. income people Prior Year Funds ..................................... ................... Start Date Completion Date (mm/dd/yyyy) Assisted Housing ................................................................ (mm/dd/yyyy) 12/31/2006 PHA .................11............................................. 12/20/2005 Other Funding— Performance Indicator Annual Units Revolving Loan Fund ....................... ..........-............. 10 Housing Units 2 Total 50,000 .............I........................... .................... Local ID Units Upon Completion The primary purpose of the project is to help❑the HomelessDersons with HIWAIDSOPersons with Disabilities❑Public Housing Needs AGENDA REPORT NO. 98 FOR: City Council Date: 12/7/05 TO: Gary Crutchfi 1 Manager Workshop: 12/ 12/05 Richard J. Sm , Director Regular Meeting: 12/19/05 Community an Economic Development FROM: David 1. McDonald, City Planner SUBJECT: Shotgun Hunting (MF #05-173-1) I. REFERENCEIS): A. Resolution 2287 Granting Hunting Privileges B. Proposed Resolution Repealing Resolution 2287 C. 1-182 Development Map Showing Hunting Areas II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/ 12/05 Discussion 12/ 19/05 Motion: 1 move to approve Resolution No. , repealing the shotgun hunting privileges authorized by Resolution 2287. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A. In 1996 the City Council approved Resolution No. 2287 granting permission for shotgun hunting on two separate farms in the I-182 corridor (See attached Resolution # 2287). B. The discharge of firearms within the City is prohibited except under three specific conditions. These conditions are as follows: 1) Target shooting in a licensed target range; 2) By police officers during lawful duty; 3) By persons hunting with shotguns during hunting season only in areas designated by Council Resolution for hunting. C. Due to the lack of urban development in the I-182 area at that time, the City Council granted permission to farm operators to hunt on their farms for the protection of crops by Resolution #2287 in 1996. V. DISCUSSION: Since 1996 the City has issued building permits for over 4,900 new single family dwelling units. Approximately 95 percent of those new dwellings have been built in the I-182 area. Half of the area identified in Exhibit "2" of Resolution # 2287 is now occupied by the Loviisa Farms development. The area identified in Exhibit #1 of the same Resolution is below Desert Plateau, which is fully developed, and adjacent the recently approved preliminary plat for the Linda Loviisa development. Given the fact that rapid urban development is occurring in the 1-182 area and the fact hunting is becoming a public nuisance evidenced by calls to the Police Department, it is no longer appropriate to permit hunting in the areas authorized by Resolution # 2287. 3(9) RESOLUTION NO. A RESOLUTION designating certain areas of the city where shotgun hunting is authorized during the appropriate hunting season. WHEREAS, FMC 9.24.030 prohibits the discharge of firearms in the City, except under specific conditions; and, WHEREAS, shotgun hunting during appropriate seasons can b e permitted by Council resolution; and, WHEREAS, certain areas of the community due to location and lack of surrounding development could be safely utilized for hunting; and, WHEREAS, the owner of property shown in Exhibit "1" and "2" have requested permission to hunt on their farms; and, WHEREAS, the City Council has reviewed this request and determined that due to the lack of urban development, shotgun hunting on properties shown in Exhibit "1" and "2" would not create a safety hazard or become a public nuisance to the community; NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of Pasco does hereby designate that portion of the southwest quarter of Section 14, Township 9 North, Range 29 East shown in Exhibit "1" and that portion of Section 15, Township 9 North Range 29 East together with that portion of the north half of Section 17, Township 9 North, Range 29 East shown in Exhibit "2" for shotgun hunting activities with the following conditions: (1 ) Hunting shall be permitted with shotguns only during such times as hunting is legally permitted by the State Department of Wildlife. (2) The use of shotgun slugs are prohibited; ' N (3) Hunting shall be limited to upland game birds and water fowl; (4) No hunting shall be permitted within 250 yards of a residential dwelling unit or a publicly maintained roadway; (5) This designation and approval shall be for personal hunting only, no commercial hunting activities shall be permitted; (6) If hunting becomes a nuisance due to noise or other factors, the City Council may reconsider the hunting privileges granted herein. PASSED by the City Council of the City of Pasco this Jc day of t996. Charles D. Kilbury, Vayor ATTEST: Catherine D. Seaman, Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney a M + Exhibit "111 w ♦ w y 1 Y I �./`/ ♦ K ��7F ti i.Mc 5 T Y I I rl rt H la v �f n t .•t n to r I a t a 7 / t r 11I !r 12 H b 7 ! f 1 IQ f7 Q ! J / } T ♦ t f I it it I i 2! !t t S 2 2i 1 q ! 21 r I t S t [ ! • J / S a r f 1 '` 2, 20 M I !t U 1t I 1 t ) ST r: 4' + ti M •1 V A Y 4 t. ,�'tV M /IVE tl >V a f r• 1f � a tr ,a ry f♦'r - `.__ �-�. .� _ _ r n ra t I U / n 72 y Y" N t I • f �rl t4 f I f f iQ ♦ 7r- q < , J < f ) • p U 7 _ 7a 31 45 t f 42 r It ,) 6 tr S • , b , 40 <, HUNTING AREA + , f 2 f : a ) r I ,f 26 It IJ 14!! a r7 J \ \ i fr J ' k a II t1 4 'I t K to Il 1f t• I6 rII \\ 1 \ 1 f 1 ) \ t- •, 14711 \` \` �'-� • fr 14 t1 of � .��\ m r Exhibit ' 2" 7113 s 1/ I �/ ------ I I f / •I T f A - ____---_ -- !/rf ------ --- Kc---- i- _ _ - - -n g- 1 v AL 1v 741 f 1 it t I 1 it 1 ,1 , .• . � a � �., � �:. r :�i. -•--C` _ _`,.i.» no-,}w.a.�,ll .\i; ,'� .b•:'� •.r`�if r •` r r RESOLUTION NO. A RESOLUTION repealing shotgun hunting authorization approved under Council Resolution No. 2287. WHEREAS, P.M.C. 9.24.030 prohibits the discharge of firearms in the City, except under specific conditions; and, WHEREAS, On the 161h day of December 1996 the Pasco City Council approved Resolution No. 2287 authorizing shotgun hunting on farm land within the I-182 corridor; and, WHEREAS, in 1996 there was little development within the 1-182 corridor; and, WHEREAS, since 1996 over 4,900 new single family dwelling units have been permitted in the City of Pasco causing rapid urbanization in the I-182 corridor; and, WHEREAS, the Pasco Police Department has received complaints about hunting within close proximity to new homes within the 1-182 corridor; and, WHEREAS, the City Council has reviewed Resolution No. 2287 and has determined that the conditions under which said Resolution was approved are no, longer valid; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pasco does hereby repeal Resolution No. 2287 and revokes all hunting privileges approved therein. PASSED by the City Council of the City of Pasco this 19th day of December, 2005. Michael D Garrison, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy, Leland B. Kerr, City Attorney Deputy City Clerk :Hl !1:1 -�1■�i'1_i iiis�.;a= -N, Hv F� p oo . t t ��C� �.j■ 1}j +.�1 ' t_��+.�t '�Ni6ii.'s:i::i: _ [���rJ(',l�.l,'I:I ���' -. +'� ■.I� 1 w ,�i"r rr_r..la -f.N?�:1111U (,�,�iy{ i ■..� � !��� �'' .'Cl��� il;������ a-I-� :l iw1 �■iiiui�ew4j�� r n���n� :.�.� � � ;. _ Ism:u . -,_ ■_ _.�:' .... `��� - 111 111!' � `----- '���i -■_: � 1�_ ®.��.�♦ r'��1 .�+•'•L'• •.:..me ... .. T �•., AA Sol r Cww.r ECt--�- MEN z minim u� rl V O C AGENDA REPORT TO: City Council December 6, 2005 FROM: Gary Crutchfi y Manager Workshop Mtg.: 12/12/05 Regular Mtg.: 12/19/05 SUBJECT: Grand Old 4`h Celebration I. REFERENCE(S): 1. Letter from Franklin County Administrator dated 8/3/05 2. 2005 Event Profit/Loss Summary 3. Franklin County Resolution No. 2005-449 4. Interlocal Agreement for Co-Sponsorship of the Grand Old 4`h II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/12: Discussion 12119: NIOTION: I move to approve the interlocal agreement with Franklin County for co-sponsorship of the 2006 Grand Old 4`h Celebration and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Maximum $80,000 expense IV. HISTORY AND FACTS BRIEF: A) The city co-sponsored with Franklin County the expanded Grand Old 4`h celebration at TRAC in July 2005. The expanded version of the celebration provided a four-day event over the July 4 holiday, rather than the one-day celebration traditionally sponsored previously by the city. The purpose of expanding the event was to not only provide a larger community celebration for benefit of residents, but also to generate additional use of(and revenue for) the TRAC facility. B) The 2005 celebration experienced a net operating loss of approximately $100,000, shared 50/50'by the city and the county. The effect of the expenditure was further reduced by the realization that TRAC gained $21,000 in revenue, which avoided an equivalent expense by the city and county for TRAC's subsidy at year end. C) Franklin County requested a general indication from the City Council in August as to whether or not the expanded event should be conducted again in 2006. At that time, City Council indicated that it supported the notion of continuing the event with the same general terms and conditions. V. DISCUSSION: A) The attached interlocal agreement provides for the conduct of the 2006 Grand Old 4`h Celebration as a co-sponsorship between the city and the county. The estimated net operating expense is $160,000 (worst case); it is estimated that the actual net cost will be closer to$60,000. B) The 2006 budget includes $75,000 set aside for this event. Consequently,. staff recommends Council approval of the agreement. 3(h) Grand0fd4th 00 and )�I �Il Franklin County Administrators Office• 1016N.Fourth,Pasco,WA. 99301-3766 • (509)545-3578 (509)545-3573 fax August 3, 2005 Pasco CiY Council 525 N. 3 Avenue Pasco,WA 99301 Re: Grand Old 4'h Dear Council Members: I appreciate the opportunity to work with Pahl Whitemarsh, Allison Matthews and other city employees during the development and implementation of the Grand Old 4'h. 1 found them to be very professional and dependable. Everyone involved contributed 110% to accomplish the goal of promoting a family-oriented event. Numerous positive comments regarding the celebration and entertainment were received from the public. Comments were also received from several veteran food vendors stating our event was well-organized and their appreciation for helpful committee members, All food vendors mentioned a desire to return next year. Enclosed please see a copy of an email received from Judy Gruver, Washington National Independent Concessionaires Association Representative. Over$200,000 in advertisements were circulated through the following media organizations: KEPR television, Clear Channel Radio stations, Tri-City Herald, Nickel Nik,The Entertainer Magazine and KONA Radio. The Grand Old 4'h paid approximately$9,000 for the above- mentioned advertisements due to partnerships and/or sponsorships formed. Our anticipated attendance for the four-day event was 35,000. An un-audited ticket count on July 5a'confirmed attendance at 19,126. The Tri-Cities typically does not have an event to look forward to on the 4`h of July; therefore,we believe they were not expecting or listening for it. We anticipate those who attended this year will come again and tell others about their experience. Pasco City Council August 3, 2005 Page 2 Clear Channel Radio Marketing Manager, Eric Van Winkle,believes this event will continue to grow each year and is willing to promote a concert for the 2006 event. This partnership is beneficial as the cost of advertisement and entertainment is very expensive. A summary of the revenues and expenditures are attached for your review and consideration. Please let me know if you desire any additional information or have any questions or concerns. The Franklin County Board of Commissioners have reviewed the event and are willing to participate again next year if the City agrees to continue their partnership. Again, I enjoyed working with the employees of Pasco and compliment them on a job well done. I believe our collaboration was beneficial for all involved. Our teamwork allowed us to present an excellent family event to the residents of Pasco and Franklin County. We appreciate your consideration and look forward to hearing from you. Respectfully, Fred H. Bowen County Administrator Enclosures (4) cc. Gary Crutchfield, City Manager Stan StrebeI, Director Paul Whitemarsh, Recreation Services Manager 1/` f l ed d� f.910 rand 0(d 4 �rtL I " Franklin County Administrators Office • 1016 N.Fourth,Pasco,WA. 99301-3706 • (509)545-3578 (509)545-3573 fax 2005 Profit/Loss Summary Total Revenues $ 233,727.44 Total Expenditures $ (167,595.45_)_ Net Gain $ 66,131.99 Start-up Funds $ (170,000.00) Net Loss $ (103,868.01) Net Individual Loss $ (51,934.01) The following items minimize the loss: Capital Purchase of Louvers for Arena In lieu of one-time rental of Port-A-Cools $ 23,000.00 $ (80,868.01) TRAC Net Revenue (May reduce subsidy payment) $ 26,909.98 $ (53,958.03) Individual Loss $ (26,979.02) FRANKLIN COUNTY RESOLUTION NO. i� fl s 44V BEFORE THE BOARD OF COMMISSIONERS,FRANKLIN COUNTY,WASHINGTON RE: INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITY OF PASCO FOR A CO-SPONSORSHIP OF THE 2006 GRAND OLD 4TH AT THE TRADE RECREATION AGRICULTURAL CENTER(TRAC) WHEREAS,pursuant to RCW 36.01.010 and RCW 36.32.120 the legislative authority of each county is authorized to enter into contracts on behalf of the county and have the care of county property and management of county funds and business; and WHEREAS,the Board of County Commissioners constitutes the legislative authority of Franklin County and desires to enter into the attached agreement as being in the best interest of Franklin County, NOW,THEREFORE,BE IT RESOLVED the Franklin County Board of Commissioners hereby approves the attached Interlocal Agreement between Franklin County and the City of Pasco for a co-sponsorship of the 2006 Grand Old 4h at the Trade Recreation Agricultural Center(TRAC). APPROVED this 24th day of October 2005. BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY,WASHINGTON Frank H. Brock, Chair "�o-'e. zzdv 2 vp'-Aceol- 000A� Attest: Ne J. Co hair Pro Tem Z?" K-�4 Clerk to tr&Board 1&bert E. Koch,Member Originals: Auditor cc: Accounting Department Minutes City of Pasco County Administrator File J:1Resol-20051Agreement-Pasco 2006 Grand Old 4th.doc INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITY OF PASCO FOR CO-SPONSORSHIP OF 2006 GRAND OLD 4TH AT THE TRADE RECREATION AGRICULTURAL CENTER (TRAC) THIS IS AN INTERLOCAL AGREEMENT (hereinafter referred to as "Agreement"), entered into under the authority of the Interlocal Cooperation Act, Chapter 39.34 RCW, between Franklin County, Washington, a political subdivision of the State of Washington (hereinafter referred to as the "County") and City of Pasco, Washington, a municipal corporation (hereinafter referred to as the "City"). THIS AGREEMENT is made and entered into this _ day of , 2005. No new or separate legal or administrative entity is created to administer the provisions of this Agreement. 1. PURPOSE The parties hereto agree that it is to their mutual benefit, and the benefit of the citizenry, to offer citizens and their families an opportunity to celebrate our Nation's Independence through a multi-day and multi-faceted event. Subsequently, this Agreement is to provide a contract for the County and City to jointly and equally sponsor an event to be entitled the "Grand Old 4th" at TRAC scheduled for the 1 st of July 2006 through the 4th of July 2006. 2. LOCATION The Grand Old 4th shall be located at TRAC at 6600 Burden Boulevard, Pasco, Washington 99301, within Franklin County. 3. DEFINITIONS a. "City'shall mean the City of Pasco,Washington. b. "Costs" shall be any and all expenses and other monetary liabilities accrued in the management of the 2006 Grand Old 4th. C. "County' shall mean Franklin County, Washington. d. "Expenses" shall be any and all costs and other monetary liabilities accrued in the management of the 2006 Grand Old 4th. e. "Management authority" shall be the right to make any and all decisions on behalf of the parties hereto related to the organizing, the functioning, and administration of the entire 2006 Grand Old 4th, and shall further include the complete terms of Section 6. f. "Parties" shall mean the County and the City. 4. DURATION OF CONTRACT This Agreement shall commence upon execution and shall expire on the 29th day of July, 2006, unless otherwise modified or terminated by the parties. 5. GUIDING PRINCIPLES The County and City agree to the following guiding principles: 1. Superior communication between County and City officials, staff, and citizens is essential to the success of this Agreement. 2. In those instances where doubt or uncertainty exist, to err on the side of increased communication and clarification. 3. Plan and implement all projects and programs with the perspective of all stakeholders in mind. 4. Service delivery decisions will be based upon cost effectiveness. JASOWENIGrand Old 4th 2006tCity County Interlocal.doc 1 6. COUNTY'S RESPONSIBILITIES: As a party to this Agreement, the County shall exercise sole management authority over the entire 2006 Grand Old 4th on behalf of all parties included in this Agreement. Management authority shall include the following: 1) the scheduling, contracting, and expenditure of the total 2006 Grand Old 4th budget to secure services for the event, and 2) the organizing and management of the event from its inception to its conclusion on July 4, 2006, and 3) the collection and distribution of any and all revenues obtained from this event with a detailed accounting, and 4) comply with all terms and conditions incorporated herein. 7. CITY'S RESPONSIBILITIES: As a party to this Agreement, the City shall comply with all terms and conditions incorporated herein. The City hereby grants the County all its rights, responsibilities, and authority, including management authority, to carryout this Agreement and the 2006 Grand Old 4th. Additionally, as an event co-sponsored by the City, the 2006 Grand Old 4th shall be exempt from the requirements of the City's special events permit regulations; the City hereby grants the County a special use permit and all other permits or licenses (required under Pasco Municipal Code (PMC) Chapter 5.25) except for those provisions pertaining to temporary sales events by non-Pasco business license holders. 8. BUDGET The total budget for the 2006 Grand Old 4th shall be One Hundred Sixty Thousand ($160,000.00) dollars. The County shall provide Eighty Thousand ($80,000.00) dollars towards the budget of the 2006 Grand Old 4th. The City shall provide Eighty Thousand ($80,000.00) dollars towards the budget of the 2006 Grand Old 4th. The County shall not be obligated to provide any additional funds beyond its $80,000.00 share towards the total budget. The City shall not be obligated to provide any additional funds beyond its $80,000.00 share towards the total budget. The total budgeted funds shall only be expended upon direct costs and expenses involved with the organizing and management of the 2006 Grand Old 4th, provided, however, neither party shall charge for its staff time. All funds submitted shall be placed in the Franklin County 2006 Miscellaneous Expense Grand Old 4th Budget, Number 425-000- 001. The County and City shall both submit an initial payment of$40,000.00 to the fund by the 15th day of January 2006. The County and City shall both submit the remaining $40,000.00 to the fund by the 1st day of May 2006. Following the aforementioned dates, said funds are non-refundable, unless mutually agreed and negotiated by both parties. The total budgeted funds shall only be expended upon costs and expenses accrued involved with the organizing and management of the 2006 Grand Old 4th. The County shall have sole authority to expend the total budgeted funds. Accrued costs and expenses shall be equally divided among the parties hereto to include fifty percent(50°%)assessed to the County and fifty percent(50%)assessed to the City, not to exceed the total amount of budgeted funds referenced above. 9. REVENUES The County shall collect any and all owed revenues from the 2006 Grand Old 4th. The County shall deposit any and all collected revenues in the Franklin County 2006 Miscellaneous Expense Grand Old 4th Budget, Number 425-000-001. Upon collection of all revenues, the County shall promptly distribute fifty percent (50%) of said revenues to the City and shall maintain fifty percent (50%) of the revenues as its ownership share. 10. TERMINATION This Agreement shall only be terminated prior to the period of its duration upon the mutual negotiation and agreement of both parties. JABOWENtGrand Old 4th 20061City County Interlocal.doc 2 11. DISPUTE RESOLUTION In the event of a dispute between the County and City regarding the delivery of services under this Agreement, the County Administrator and the City Manager or their designated representatives shall review such dispute, review options for resolution, and enter into a mutually agreeable resolution on behalf of the parties. The mutually agreeable resolution of the County Administrator and the City Manager regarding the dispute shall be final as between the parties. If any controversy or claim arising out of or relating to this Agreement or the alleged breach of such Agreement that cannot be resolved by the County Administrator and the City Manager, the dispute may be submitted to mediation and if still not resolved, shall be submitted to binding arbitration in accordance with the rules and procedures set forth in Chapter 7.04 RCW, and the judgment or award rendered by the arbitrator may be entered in any court having jurisdiction thereof. For the purposes of this section, any actions or decisions made by the County Administrator shall be subject to ratification by the Franklin County Board of Commissioners. 12. INDEMNIFICATION The County shall indemnify and hold harmless the City, its agents, employees, and officers from the intentional acts of negligence, if any, arising from the acts or omissions of the County, its agents, employees, or officers as a result of this Agreement. The City shall indemnify and hold harmless the County, its agents, employees, and officers from the intentional acts of negligence, if any, arising from the acts or omissions of the City, its agents, employees, or officers, as a result of this Agreement_ 13. NOTICES Any notice or demand from either party to the other shall be in writing and shall be deemed duly served if and when mailed by registered or certified mail, return receipt requested, to the addresses set forth below. If to the County: Franklin County 1016 North Fourth Avenue Pasco, WA 99301 Attention: County Administrator If to the City: City of Pasco 525 North Third Avenue Pasco, WA 99301 Attention: City Manager 14. BENEFICIARIES OF CONTRACT This Agreement is solely for the benefit of the County and the City and creates no rights or benefits of any type in any third parties. J:IBOWENtGrand Old 4th 2006tCity County Intertocal.doc 3 15. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties hereto and shall not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. Previous drafts of the agreement or any portion thereof and any oral negotiations shall not be utilized in any manner by either party should any dispute arise as to the intent of the Agreement. 16. RECORD KEEPING The County agrees to maintain a detailed and accurate record of the use of all budgeted funds, including all costs and expenses actually incurred which shall be made available to the City upon request. 17. SEVERABILITY In the event any provision of this Agreement shall be declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. 18. AMENDMENT The provisions of this Agreement may be amended with the mutual consent of the parties. No additions to, or alterations of the terms of this Agreement shall be valid unless made in writing and formally approved and executed by the duly authorized agents of both parties. 19. FILING OF AGREEMENT This Agreement shall be filed pursuant to the requirements of RCW 39.34.040. 20. EXECUTION IN COUNTERPARTS The County shall execute the original of this Agreement. Each other party hereto shall sign a counterpart of the original of this Agreement. The parties hereto intend that all the signed counterparts taken together with the original will be considered as one original document, and given full force and effect as if all parties had signed one document. IN WITNESS WHEREOF Franklin County, Washington, has executed this Agreement by it's duly authorized officials as of this day of Ocjy be;» 2005. BOARD OF COUNTY COMMISSIONERS FRANKI,JIN COW TY, WASHINGTON ank H. Brock, Chairman Ne J. orkr airman Pro Tern obert . Koch, Member JABOWEN\Grand Old 4th 20061City County Interlocaf.doc 4 ATTEST: 0�" Jerk of th§f Board APPROVED AS TO FORM: :!S�'0 4,:-, FranklZ CountV Deputy Prosecuting Attorney IN WITNESS WHEREOF, the City of Pasco, Washington has executed this Agreement by its duly authorized officials as of this day of , 2005. CITY OF PASCO FRANKLIN COUNTY, WASHINGTON Michael L. Garrison, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Leland Kerr, City Attorney JABOWENIGrand Old 4th 20061City County Interlocal.doc 5 AGENDA REPORT TO: City Council December 9, 2005 FROM: Gary Crutchfi it Manager Workshop Mtg.: 12/12/05 Regular Mtg.: 12/19/05 SUBJECT: Amendment o it Agreement for Sun Rise Estates I. REFERENCE(S): 1. Vicinity Map 2. Development Agreement 3. Proposed Addendum to Development Agreement II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 12/12: Discussion 12119: MOTION: I move to approve the addendum to the development agreement with All-Pro Contracting for Sun Rise Estates and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: No change. IV. HISTORY AND FACTS BRIEF: A) One of the city's primary objectives is to foster major industrial investment in the city (to expand the city's non-residential tax base). One of the clear opportunities to achieve that objective is by creating a truck route between the East Lewis Street interchange to connect with East "A" Street; such a direct link to the interchange will make the 600+ acres south of "A" Street much more attractive for private investment, particularly for industrial distribution activities. B) The owner of a 35-acre section of the property, through which the proposed truck route would traverse, proposed early in 2005 to subdivide the 35 acres for residential development. The city approved the plat in conjunction with a development agreement which requires the developer to construct certain improvements, including the truck route, and be reimbursed by the city for that portion of the expense which exceeds normal requirements associated with.development. (See reference#2). C) The developer is in technical default of the development agreement, for failing to establish the escrow agreement in a timely fashion nor transferring certain property to the city as required under the original development agreement. Rather than terminate the agreement, however, the developer and city staff have identified changes to the agreement which will permit the city to better assure completion of the truck route by July 2006, as originally intended; the changes will allow the city to justify moving ahead with the development agreement, rather than terminating it. V. DISCUSSION: A) The original development agreement provides for a cost-effective means of accomplishing the truck route project. As such, it is preferable to the city acquiring the right-of-way and constructing the project on its own. The proposed addendum effectively assures that the right-of-way for the truck route will be owned by the city not later than August 1, 2006, if the developer fails to complete the improvements on time. If the developer completes the improvements on time, the city's project is assured of being completed timely. Thus, the addendum is recommended for Council approval. 3(i) VtClNtTY MAP SUNRISE ESTATES � I I I I u- 11. I 'LL E........o- w.,._ .....,�.. LE WS � E. LEWS ST E. ST LEW1S PL � M a E. ALT(NJ ST E HELENA ST HELENA ST _ a KAUSPELL CT SITE / w U1 E. BUTTE 57 BUTTE ST BUTTE CT � N N vi a 4 E. W ST E. "A" ST Please Return Recorded Document to: CITY OF PASCO 525 North 3rd Pasco WA 99301 DEVELOPMENT AGREEMENT THIS AGREEMENT is entered into this _0 day of J; 2005, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City", and All Pro Contracting, Inc„ a Washington Corporation, hereinafter referred to as "Developer`; regarding the development of a Preliminary Plat of"Sunrise Estates", hereinafter referred to as "premises" providing for the development of the real property covered thereby including the issuance of permit approvals for the development of that real property located within the City of Pasco, Washington, more particularly described as follows: PARCEL A AX PARCEL NO.113-890-014 THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY, WASH NGTON, EXCEPT THE WEST 30 RODS AND EXCEPT THE SOUTH 50 FEET FOR RIGHT-OF WAY EASEMENT. PARCEL B TAX PARCEL NO. 113-900-093 THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY, WASHINGTON. PARCEL C ALL OF BLOCK 8 IN WASHINGTON ADDITION TO PASCO AS RECORDED IN VOL. 15 OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON, TOGETHER WrM VACATED ALLEYS IN BLOCK 8 AND VACATED PORTIONS OF ADJOINING STREETS. Records of Franklin County, Washington. Development Agreement- I WHEREAS, Developer has submitted a Preliminary Plat for the development of the above-described property designated "Sun Rise Estates"; and WHEREAS, the City is in the process of establishing a sub-area plan for that vicinity, including the installation of a major industrial access road and buffering between residential and industrial uses within that area; and WHEREAS, the City and the Developer are authorized, pursuant to RCW 36.70B.170, et al., to enter into a Development Agreement setting forth the development standards and other provisions that will apply to this project and invest in the parties, the rights of developing the premises in accordance with the conditions contained in this Development Agreement; and WHEREAS, the City has determined that this Development Agreement is appropriate to establish planning principals, development standards and procedures for eliminating uncertainty in the planning of this project and to guide the orderly development of the project, including the funding of all of the improvements required thereunder; and WHEREAS, a public hearing has been held in compliance with RCW 36.7013.200, NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: L PROPERTY DEVELOPMENT 1.1 Prelinfinaff Plat Approval. This Development Agreement is contingent upon and, incorporated as a condition of approval of the Preliminary Plat of Sunrise Estates as provided in the Pasco Municipal Code Chapter 26.24. 1.2 Development Standards_ Development of the property shall at all times strictly conform to all applicable provisions of the City's Comprehensive Plan, Zoning Ordinances and other applicable laws, regulations and rules of any governmental entity having jurisdiction or control over any part or stage of the development. The development must abide by the City's performance standards in its construction and building of the roads, water system, sanitary sewer system, storm water system and fire Protection system in effect as of the date of this Agreement. 1.3 Term. This Agreement shall become effective upon the date of the Resolution adopting the Preliminary Plat of Sunrise Estates and shall continue for a period of eighteen {18} months thereafter unless extended by mutual agreement of the parties. Development Agreement- 2 2. PUBLIC MffJQ�.S 2.1 Development Costs and Standards. All development costs, including, without limitation, the cost of all streets, water mains, sewer mains, storm drain facilities, curbs, gutters, sidewalks and all other improvements incident to the Preliminary Plat of Sunrise Estates, attached as Exhibit A, shall be paid by the Developer subject to reimbursement from the City for those portions identified below. 2.2 Construction of Biffings Street. The Developer shall: (a) Construct and dedicate by plat, that right-of-way designated thereon as "Billings Street" which shall be constructed by Developer to Arterial Street Standards as adopted by the City, consisting of not less than 4" of pavement and 10" of ballast and top-course rock, 42' wide from the face of the curb to face of curb; (b) Construct adjacent thereto sidewalk, curb and gutter, together with all in-road improvements, and street lights; (c) Construct a b' high sound barrier 'block wall upon the western right-of-way Iine of Billings Street in lieu of the standard estate boundary fence as may be required by the City of Pasco Planning Commission; (d) Construct Billings Street from its intersection with East A Street to its intersection with Helena Street as designated upon the Preliminary Sunrise Estates, attached as Exhibit A as a portion of its Phase I development; and complete the construction of all of Billings Street within eighteen (18) months of the effective date of this Agreement; and (e) Provide within thirty (30) days of the effective date of this Agreement, a bond as provided by RCW 58.17.130 sufficient to fund the reasonable construction costs of Billings Street north of Helena Street to the northern boundaries of the Preliminary Plat of Sunrise Estates to insure its completion within eighteen (18)months of the effective date of this Agreement. 2.3 Reimbursement of Construction Cost for Billies Street Improvements. The City shall reimburse the Developer for: (a) Construction of Billings Street to arterial street standards in an amount equal to 33% of the actual costs of construction of Billings Street; (b) Installation of street lights within the Billings Street right-of-way in an amount equal to 50% of the actual costs of their installation; (c) Installation of required landscape within the Billings Street right- of-way in an amount equal to 100% of the actual cost thereof; Development Agreement- 3 (d) An amount equal; to the difference between the actual costs of construction of the 6' block wall and the reasonable costs of construction of a standard estate boundary fence as required by the Pasco Planning Commission. Construction costs shall include required design services, engineering, surveying, environmental mitigation, relocation and/or new construction of private utilities, and the actual labor and material construction costs incurred by Developer specifically identified to construction of Billings Street. Indirect costs, such as overhead, administrative expenses, financing costs and markup or profit, shall not be included as construction costs under the terms of this Agreement. Reimbursement payments by the City shall be made upon completion, inspection and acceptance by invoice from Developer to the City and payable within thirty (30) days from the date of invoice. The City shall have the right, upon five (5) days advance notice, to inspect and copy Developer's records justifying its costs in the construction of such improvements to verify the actual costs thereof. 2.4. Relocation of Overhead Power.Lines. The Developer shall secure all necessary permits and approvals for, and provide all construction services and materials for the relocation of the Franklin County Public Utility District line that presently bisects the premises and relocate the same adjacent to the right-of-way of Billings Street providing all necessary easements required by Franklin County Public Utility District for the relocation of the power line, guy wires and other electrical facilities incident to this line. 2.5 City Reimbursement of Overhead Power Line Relocation. The City shall reimburse the Developer for all of the actual construction costs, as defined in Section 2.3 above, for the relocation of this Iine. Reimbursement payments by the City shall be made upon invoice from the Developer upon acceptance by Franklin County Public Utility District of the relocated line and incident. t easements and shall be payable within thirty (30) days of the date of invoice. The City shall have the right, upon five (5) days advance notice to inspect and copy the Developer's records justifying its costs in the construction of such improvements to verify the actual costs thereof. 2.6 Extension of Sewer and 'Water Utilities. The Developer shall secure all approvals and permits necessary and construct and install the extension of City water and sewer utilities and shall rovide p all materials and services incident to the extension of City water and sewer utilities from their current terminus west of the southwest corner of that site running along East A Street to Billings Street as designated on the Preliminary Plat attached as Exhibit A. The City shall reimburse the Developer for all of the actual construction costs for the extension of such utilities. The Developer shall be responsible for all costs for extension of the sewer and water utilities for the Preliminary Plat development. All installation of such utility service lines shall be located as designated by the City Engineer and in accordance with the standards and regulations as adopted by the City and subject to inspection by the City. initial utility connection fees for all lots within the subdivision shall be fixed at the City's established 2004 rate schedule. Development Agreement.4 2.7 Conveyance of Real Property. The Developer shall, (a) Convey to the City after grading and hydro-seeding, that real property designated on the Preliminary Plat of Sunrise Estates as Tract A consisting of approximately 2.29 acres lying northeasterly of Billings Street as designated on said Preliminary Plat in consideration of the payment of $20,000.00. The parties authorize the preparation and inclusion as a part of this Agreement, a complete legal description thereof upon closing. Closing, including payment of the consideration of$20,000.00, shall be within thirty (30) days of the city's approval of the final plat containing said Tract A. (b) Convey to the City that real property designated as Block 8 of Washington Addition lying east of Billings Street in its present "as is" condition in consideration of the payment of $42,000.00. The parties authorize the preparation and inclusion as a part of this Agreement, a complete legal description thereof upon closing. Closing, including payment of the $42,000.00 shall be within thirty (30) days of the effective date of this Agreement. 2.8 Additional Consideration. As further additional consideration of the payment provided above, the City shall pay to the Developer as total compensation for any loss of lots associated with the plat redesign, reduced access to Billings Street, delays and as a complete and final release of any claims, debts or liabilities claimed by Developer against the City of whatsoever nature, in the sum of$40,000.00 to be paid at the time of closing of the real property provided in Section 2.7(b) above. 3. GENERAL PROVISIONS 3.1 Default. For the purpose of this Agreement, time is of the essence. In the event either party fails to perform the terms and provisions of this Agreement, which failure continues uncured for a period of sixty (60) days following written notice from the other party (unless the parties have mutually agreed in writing to extend this period) shall constitute a default under this Agreement. Any notice of default shall specify the nature of the alleged default and, where appropriate, the manner in which the alleged default may be satisfactorily cured. If the nature of the alleged default is such that it cannot be reasonably cured within the sixty (60) day period, then the commencement of actions to cure the alleged default within the sixty (60) day period and diligent prosecution of such actions necessary to complete the cure of the alleged default, shall be deemed to be a cure within the sixty (60) day period. Upon a default of this Agreement that is not cured as provided above, the non-defaultin p institute legal proceedings to enforce the terms of this Agreement. h ay may cured, then no default exists, and the noticing party shall take further action. ault is 3.2 Extension of Time for Performance. Notwithstanding anything to the contrary contained in this Agreement, neither party shall be deemed to be in default where delays and performance or failures to perform are due to war, insurrection, I)MIOPtnOat strikes or other labor disturbances, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, restrictions imposed or mandated by other governmental entities, enactment of conflicting state or federal laws or regulations, extended appeals by third parties or similar basis for excused performance which are not within the reasonable control of the party to be excused. Upon the request of either party, an extension of time for such cause shall be granted in writing for the period of the forced delay, or longer, as may be mutually agreed upon. 3.3 Remedies. Either party may, in addition to any other rights or remedies, institute an equitable action to cure, correct, or remedy any default; enforce any covenant or agreement set forth herein; enjoin any threatened or attempted violation of the Agreement; enforce by specific performance the obligations and rights of the parties to this Agreement, or obtain any remedies consistent with the foregoing and the purpose and intent of this Agreement. In the event of a dispute arising out of or relating to this Agreement, whether or not suit or other proceedings are commenced and whether in mediation, arbitration, at trial, on appeal or in administrative proceedings, the substantially prevailing party shall be entitled to its costs and expenses incurred, including reasonable attorney's fees. Venue shall be in Franklin County, Washington. 3.4 Exce Lion to Vestin Serions Threat to Public Health. In the event the City is faced with an unseen serious and immediate threat to public health, safety and welfare directly affecting this project, the City may, upon notice to the .Developer, propose new or different regulations applicable to the property than those established in this Agreement. 3.5 Construction. This Agreement sets forth the entire agreement of the parties. This Agreement shall be construed as a whole. No amendment, change or modification of any provision of this Agreement shall be valid unless set forth in writing and signed by both parties. To the extent of any conflict with any City Zoning Rules and Regulations which may otherwise govern the premises, the terms and conditions of this Development Agreement shall prevail. 3.6 Waiver/Severability. The failure of either party to insist upon or enforce strict performance by the other party of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment of any extent of such party's right to assert or rely upon any such provisions or rights in that or any other instance; rather, the same shall be and remain in full force and effect. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 3.7 Binding Effect. This Agreement shall be recorded against the Property and, subject only to the express conditions or limitations of this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. Upon assignment of this Development Agreement or the conveyance of any parcel of Real Property to which this Agreement is applicable, the assignee/grantee Development Agreement- 6 shall be deemed to assume all rights, obligations and liabilities set forth in this Agreement as they relate to such parcel. The covenants created by this Agreement are intended and shall constitute covenants running with the land. 3.8 Cooperation. Each party shall take such action (including, but not limited to the execution, acknowledgement and delivery of documents) as may reasonably be requested by the other party for the implementation or continuing performance of this Agreement. In the event of any administrative, legal or equitable action or other proceeding instituted by any person not a party to this Agreement challenging the validity of any provision of this Agreement, or any subsequent action taken consistent with this Agreement, the parties shall cooperate in defending such action or proceeding to settlement or final judgment, including all appeals. Each party shall select its own legal counsel and retain such counsel at its own expense. 3.9 Relation of Parties. The Parties agree that the relation created by this Development Agreement is solely that of a private developer and the City. Nothing in this Agreement shall create the Developer or City as an agent, employee, employer, legal representative, partner, or subsidiary of the other. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. All Pro Contracting, Inc. City of Pas , Washington By. M-,--` Y Michael L. son MAAC Mayor STATE OF WASHINGTON ) ss. County of Franklin ) On the _ tL day of _ l,[ika[IU i{q , ----__, 2005, before me, �i lac wr of All Pro Contracting, c., to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. ,�`�1�r�Hrirri % ,O ceder my hand and official'seal this _ y J 2005. TARY otary Public i d for the Cate of Washington s, ,•� � Residing at PUBLIC 7► .,01 � �.r %11 My commission expires on: Development Agreement- 7 STATE OF WASHINGTON ) . ss. County of Franklin ) On the 7�`'day of F r 2005, before me, MICHAEL L. GARRISON, Mayor of the City of Pasco, Wasbiq6on, to be known to be the individual described in and who executed the within and foregoing instrument. and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. N under my hand and official seal this 7 day of February,2005. ON EFo9'� Notary Publ d'far the'Sthlekf Washington `q o AOTARY a � Re-siding at A e- - do --- My commission expires on: PUBLIC A a • Development Agreement. $ Please Return Recorded Document to: CITY OF PASCO 525 North 3rd Pasco WA 99301 ADDENDUM TO DEVELOPMENT AGREEMENT THIS ADDENDUM is entered into this day of n,� December, 2005, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City" and All Pro Contracting, Inc., a Washington Corporation, hereinafter referred to as "Developer"under the terms of the Development Agreement dated July 10, 2005; and WHEREAS, a Notice of Default under the terms of the Development Agreement having been given by the City to the Developer on August 17, 2005; and WHEREAS,the Developer desires to reinstate the terms of the Development Agreement and in consideration of the commitments made by the Developer and as incorporated in this Addendum to the Development Agreement, the City has agreed to forebear in its default of the Development Agreement and provide for its reinstatement according to the additional terms contained herein as follows: 1. Amendments to Section 2.2, Construction of Billings Street, which shall now read as follows: 2.2 Construction of Billings Street. The Developer shall: (a) Construct and dedicate by plat, or right-of-way deed, that right-of-way designated thereon as "Billings Street" which shall be constructed by Developer to Arterial Street Standards as adopted by the City, consisting of not less than 4" of pavement and 10" of ballast and top-course rock, 42' wide from the face of the curb to face of curb; (b) Construct adjacent thereto sidewalk, curb and gutter, together with all in- road improvements, and street lights; (c) Construct a 6'high sound barrier block wall upon the western right-of-way line of Billings Street in lieu of the standard estate boundary fence as may be required by the City of Pasco Planning Commission; Addendum to Development Agreement-Page I of 5 (d) Construct Billings Street from its intersection with East A Street to its intersection with Helena Street as designated upon the Preliminary Plat of Sunrise Estates, attached as Exhibit A as a portion of its Phase I development; and shall complete the construction of all of Billings Street no later than May Huly 21, 2006. In the event the Developer fails to complete construction of Billings Street as provided in this section by May fJuly 21, 2006, the City of Pasco shall, without further notice, including any of those required by Section 3 below, assume immediate control and possession of the project to the exclusion of the Developer and complete the construction of Billings Street as provided above. All costs of completion of Billings Street from and after May4july 21, 2006, shall be at the sole expense of the Developer and may be withdrawn by the City upon application from the escrow provided in subsection (e)below. (e) In lieu of a bond provided by RCW 58.17.130, to insure sufficient funding for the completion of Billings Street should the Developer fail to complete its construction by May-l-July 21, 2006, as provided in subsection(d) above, the Parties shall establish an escrow account at Benton-Franklin Title Insurance Company by agreement, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B. The City shall deposit into the escrow account those proceeds for the purchase of Block 8 of Washington Addition as provided in Section 2.7 (b) below in the sum of$42,000.00 upon tender by the Developer of a Statutory Warranty Deed to the City of such real property within ten (10) days of the date of this Agreement. The City shall further deposit into the escrow account the additional sum of$40,000.00 as provided in Section 2.8 of the Development Agreement. Upon the issuance by the City of a Certificate of Completion of Billings Street, all escrowed funds, together with accrued interest if any, shall be disbursed to the Developer; however, in the event the Developer fails to fully complete the construction and improvements of Billings Street as provided in Section 2.2 of the Development Agreement, escrow funds shall be disbursed to the City in such amounts as may be necessary to reimburse the City its actual costs of completion of the construction and improvements of Billings Street. Any escrow funds remaining after reimbursement of the City's costs for the completion of Billings Street shall be disbursed to the Developer. 2. Section 2.5 of the Development Agreement providing for "City Reimbursement of Overhead Power Line Relocation" shall read as follows: 2.5 City Reimbursement of Overhead Power Line Relocation. The City shall reimburse the Developer for all of the actual construction costs, as defined in Section 2.3 above, for the relocation of this line. Reimbursement payments by the City shall be made upon invoice from the Developer upon acceptance by Franklin County Public Utility District of the relocated line and incident easements and shall be payable within thirty (30) days of the date of invoice. The City shall have the right, upon five (5) days advance notice to inspect and copy the'Developer's records justifying its costs in the construction of such improvements to verify the actual costs thereof. The City shall, upon request by the Franklin County Public Utility District, guaranty to the Franklin County Public Utility District payment by the Developer of all actual costs and fees associated with the overhead power line relocation. Addendum to Development Agreement-Page 2 of 5 3. Section 2.7, Conveyance of Real Property, shall be amended and shall read as follows: 2.7 Conveyance of Real Property. The Developer shall, (a) Convey to the City after grading and hydro-seeding that real property designated on the Preliminary Plat of Sunrise Estates as Tract A consisting of approximately 2.29 acres lying northeasterly of Billings Street as designated on said Preliminary Plat in consideration of the payment of$20,000.00. The Parties authorize the preparation and inclusion as a part of this Agreement, a complete legal description thereof upon closing. The Developer, at its sole expense, may create by short plat a legally transferable parcel consisting of that real property designated as Tract A above to facilitate sale to the City prior to finalization of the Plat of Sunrise Estate. Upon finalization of a legally conveyable parcel either by short plat or by plat, the City shall purchase said real property upon dedication of the full right-of-way for Billings Street as provided in Section 2.2 above, and shall pay to the Developer the sum of$20,000.00. (b) Convey to the City that real property designated as Block 8 of Washington Addition lying east of Billings Street in its present "as is" condition in consideration of the payment of$42,000.00. The Parties authorize the preparation and inclusion as a part of this Agreement, a complete legal description thereof upon closing. The City shall deposit into Escrow as provide in Section 2.2 (e) above, the payment of $42,000.00 within ten (10) days of the date of this Agreement. (c) Convey to the City by a Right-of-Way Dedication Deed to the right-of- way for "Billings Street" as provided in Section 2.2(a) above. The Parties authorize the preparation and inclusion as a part of this agreement, complete legal description thereof within thirty(30) days of the execution by the City of this Agreement. The Right-of--Way Dedication Deed shall be incorporated as a part of the preliminary plat of Sunrise Estates and upon the final approval of Sunrise Estates, shall merge and become a part thereof. The executed Right-of-Way Dedication Deed shall be held in the escrow account identified in Section 2.2(e). In the event the Developer fails to fully complete the construction and improvement of Billings Street as provided in Section 2.2 of this Agreement, the Right-of-Way Dedication Deed shall be recorded to facilitate the Cit 's completion of construction and improvement of Billings Street. (d) The Developer shall, within thirty (30) days of the execution of this Agreement by the City, provide, at its sole expense, a valid and binding legal description for each of the parcels described in subsections (a), (b) and (c) above. 4. Section 2.8, Additional Consideration, shall be amended and shall read as follows: 2.8 Additional Consideration. As further additional consideration of the payment provided above, the City shall pay to the Developer as total compensation for any loss of lots associated with the plat redesign, reduced access to Billings Street, delays and as a complete and final release of any claims, debts or liabilities claimed by Addendum to Development Agreement-Page 3 of 5 Developer against the City of whatsoever nature, in the sum of $40,000.00 to be paid within ten (10) days of the date of this Agreement into the escrow as provided in Section 2.2 (e) above. 5. All remaining terms and conditions of the Development Agreement, not inconsistent with the provisions above, shall remain in full force and effect and shall inure to the benefit and be binding upon any successors, assigns and all persons or entities holding an interest in the real property subject to this Development Agreement.: IN WITNESS WHEREOF, the Parties have executed this Addendum to the Development Agreement the day and year first written above. All Pro Contracting, Inc. City of Pasco, Washington Lonnie Haag Michael L. Garrison President Mayor STATE OF WASHINGTON ) : ss County of Franklin ) On the day of OetebeFDecember, 2005, before me LONNIE HAAG, President of All Pro Contracting, Inc., to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of OeteberDecember, 2005. Notary Public in and for the State of Washington Residing at My Commission Expires STATE OF WASHINGTON ) : ss County of Franklin ) On the day of OetoberDecember, 2005, before me MICHAEL L. GARRISON, Mayor of the City of Pasco, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. Addendum to Development Agreement-Page 4 of 5 GIVEN under my hand and official seal this day of 9etebeFDecember, 2005. Notary Public in and for the State of Washington Residing at My Commission Expires Addendum to Development Agreement-Page 5 of 5 AGENDA REPORT NO. 44 FOR: City Council DATE: 12/5/05 TO: Gary Crutchfi i Manager Workshop: 12/12/05 FROM: Robert J. Albe liblic Works Director SUBJECT: Parking Ordinance Revision I. REFERENCE(S): 1. Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/12: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Staff recommends an amendment to Section 10.56 080 (Schedule 111, Parking Prohibited at All Times on Certain Streets) of the Pasco Municipal Codes to add the following arterial streets to the list of prohibited parking streets. No Parking on Both Sides: Argent Road—201x'Ave to City Limits; Broadmoor Blvd. —FCID canal to City Limits; Burden Blvd. —Road 76 to Road 36; Chapel Hill Blvd.—Road 68 to Saratoga Lane; Chapel Hill Blvd.—Broadmoor Blvd. to Road 84; Clemente Lane—Burden Blvd. to-Wrigley Drive; Oregon Avenue—Hagerman Street to James Street; Road 36—Burden Blvd. to 200' south of Meadow Beauty Drive; Road 44,—Burden Blvd. to Sandifur Blvd; Road 52 --Burden Blvd. to Sandifur Blvd; Road 60—Burden Blvd. to Sandifur Blvd; Road 68 Place—Burden Blvd. to Sandifur Blvd; Road 68 --500 ft. South of Chapel Hill Blvd to City Limits Road 68 —1-182 to Sandifer Blvd.; Road 84 —Chapel Hill Blvd. to Massey Drive Road 100—Court Street to FCID canal; Rodeo Drive—Road 68 to Convention Place; Sandifur Blvd. —Broadmoor Blvd. to Robert Wayne Drive; Sandifur Blvd. —Road 60 to Road 52; No Parking on North Side Only: Sandifer Blvd. —Robert Wayne Drive to Road 60; V. ADMINISTRATIVE ROUTING Project File 3(j) ILI so Ar r AGENDA REPORT FOR: City Council December 5, 2005 TO: Gary Crutchfi i Manager Workshop Mtg.: 12/12/05 Regular Mtg.: 12/19/05 FROM: Stan Str 1. nistrative and Community Servi i SUBJECT: Dissolving the Sun Willows Development Fund I. REFERENCE(S): A. Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/12: Discussion 12/19: MOTION: I move to adopt Ordinance No. dissolving the Sun Willows Development Fund and repealing Chapter 3.125 of the Pasco Municipal Code and to authorize publication by summary only. III. FISCAL IMPACT: NIA IV. HISTORY AND FACTS BRIEF: A) Last year Council created the Industrial Development and Infrastructure Fund for the purpose of funding transportation, utility and other infrastructure necessary to promote industrial development and investment in the community. Initial cash funding for the fund was to come from the Sun Willows Development Fund following completion of the Golf Course Pond Improvement Project. The pond project is now complete and the Sun Willows Development Fund assets can be transferred to the Industrial Development and Infrastructure Fund and the Sun Willows Development Fund dissolved. B) Staff recommends adoption of the attached ordinance which accomplishes the transfer and dissolution. 3(k) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, dissolving the Sun Willows Development Fund and repealing Chapter 3.125 of the Pasco Municipal Code. WHEREAS, The City Council of the City of Pasco, Washington, has determined that it is necessary to repeal Chapter 3.125 of the Pasco Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 3.125 entitled "Sun Willows Development Fund" of the Pasco Municipal Code is hereby repealed. Section 2. All assets existing in the Sun Willows Development Fund after December 31, 2005 shall be transferred to the Industrial Infrastructure Fund. Section 3. This ordinance shall take effect and be in force effective after December 31, 2005 after its passage and five days following its publication as required by law. PASSED by the City Council of the City of Pasco at its regular meeting this day of December, 2005. Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. is an ordinance dissolving the Sun Willows Development Fund and repealing Chapter 3.125 of the Pasco Municipal Code, Section 1. Repeals Chapter 3.125 entitled "Sun Willows Development Fund". Section 2. Transfers all existing assets in the Sun Willows Development Fund into the Industrial Infrastructure Fund after December 31, 2005. Section 3. Provides for an effective date 5 days after publication. The full text of Ordinance No. is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, PO Box 293, Pasco, Washington, 99301. Sandy L. Kenworthy, Deputy City Clerk AGENDA REPORT Date December 9, 2005 FOR: City Council Workshop Meeting: December 12, 2005 Regular Meeting: December 19, 2005 TO: Gary Crutch e i Manager FROM: Jim ha m nce Manager SUBJECT: 2005 B GET SUPPLEMENT. I. REFERENCE(S): A) Proposed ordinance amending the 2005 Operating Budget. B) Proposed ordinance amending the 2005 Capital Improvements Projects Budget. C) Memorandum from Jim Chase to Gary Crutchfield. D) Exhibit 1 —2005 Budget Supplement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: A) Discussion - December 12, 2005 A) Conduct Public Hearing- December 19, 2005 B) MOTION I move to adopt Ordinance No. amending the 2005 Operating Budget by providing a Supplement thereto in the amount of$2,872,000 and to authorize the publication by summary only. C) MOTION I move to adopt Ordinance No. amending the 2005 Capital Improvements Budget by providing a Supplement thereto in the amount of$3,589,775 and to authorize the publication by summary only. III. FISCAL IMPACT: Per attached Exhibit 1 —2005 Budget Supplement—Expenditure/Revenue Detail IV. HISTORY AND FACTS BRIEF: The items recommended to be included in the Supplemental Budget are for expenditures that were unanticipated or indeterminable at the time of the 2005 Budget preparation. Resources for the expenditures are: I. Unanticipated revenue 2. Contributions from active funds 3. Ending fund balances V. DISCUSSION: Please see attached memo from Jim Chase to Gary Crutchfield. VI. OTHER COMMENTS: None 3(1) r ORDINANCE NO. AN ORDINANCE AMENDING THE 2005 ANNUAL BUDGET OF THE CITY OF PASCO BY PROVIDING SUPPLEMENT THERETO; BY APPROPRIATING AND RE-APPROPRIATING REVENUE; BY PROVIDING TRANSFER AND EXPENDITURE AUTHORITY; BY ADJUSTING THE EXPENDITURE PROGRAM OF VARIOUS FUNDS AND THE BUDGET WITHIN FUNDS; AND DECLARING AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON,DO ORDAIN AS FOLLOWS: §1. The 2005 Budget be and the same is hereby amended to provide for the following adjustments to revenue and expenditures,and by providing authority for any necessary transfer of money within or between funds as indicated. FUND REVENUE EXPENDITURE General Fund 1,000,000 1,000,000 City Street Fund 37,000 37,000 Arterial Street Fund 1,100,000 1,100,000 Ambulance Service Fund 163,000 163,000 Cemetery Fund 47,000 47,000 Senior Center Fund 46,000 46,000 Multi-Modal Facility 10,000 10,000 Special Assesment Lodging Fund 20,000 20,000 Litter Abatement Fund 8,000 8,000 TRAC Development and Operating Fund 30,000 30,000 1993 UTGO Bond Fund 12,000 12,000 Equipment Rental-Operations Funds-Government Funds 50,000 50,000 Equipment Rental-Operations Funds-Proprietary Funds 144,000 144,000 Equipment Rental-Replacement Fund-Proprietary Funds 200,000 200,000 Central Stores Fund 5,000 5,000 $ 2,872,000 $ 2,872,000 The above items are shown as revenues and appropriations to specific budgets and items within budgets in the attachment marked"Exhibit 1 -2005 Budget Supplement"the Expenditure/Revenue detail,which is incorporated herein as though fully set forth. §2. A public emergency is hereby declared to exist for the reason that necessary expenditures of money have arisen since the filing of the 2005 Preliminary Budget, and which could not have been forseen at that time,and which were not provided for in the 2005 Annual Budget. It is also necessary to adjust certain fund income not forecast in the 2005 Preliminary Budget. §3. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above and in the Exhibit and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provisions of this Ordinance. §4. This ordinance shall take effect five (5)days after passage and publication. PASSED by the City Council of the City of Pasco,at its regular meeting on December 19,2005. Michael Garrison,Mayor APPROVED AS TO FORM: ATTEST: Webster Jackson, City Clerk Leland B.Kerr, City Attorney ORDINANCE NO. AN ORDINANCE RELATING TO SUPPLEMENTAL CAPITAL IMPROVEMENT PROJECTS BUDGET FOR THE YEAR 2005. WHEREAS,on December 20,2004,the City Council passed Ordinance No. 3700,an Ordinance adopting the City of Pasco Capital Improvements Projects Budget for the year 2005;and WHEREAS,during the year 2005 additional capital improvement expenditures became necessary that were unanticipated and an emergency exists requiring a Supplemental Capital Improvements Projects Budget to provide for such expenditure authority;and WHEREAS,a Public Hearing has been held subsequent to due notice,and the City Council has, after consideration,deemed the proposed Supplemental Capital Improvements Projects Budget necessary and appropriate;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON,DO ORDAIN AS FOLLOWS: §I. The following capital improvements projects and water/sewer construction projects are hereby athorized as detailed below: Current Change in Total New PROJECTS Authority Authority AUTHORITY City Hall Remodel 714,600 3,025 717,625 Road 84 Park 210,000 29,500 239,500 20th Ave&Court Street Modification 144,000 198,600 342,600 20th&Pearl Street Signal 140,000 115,900 255,900 Road 68&I-182 Traffic Signal 200,000 62,600 262,600 2004 Misc Street Improvements 98,100 9,250 107,350 Rd 68/Convention Pl/Burden Blvd Signal 150,000 66,100 216,100 2005 Handicap Ramps - 74,200 74,200 Rd 68 Widening-East Side - 210,000 210,000 Rd 68 Interchange Widening - 70,300 70,300 TRAC Traffic - 18,200 18,200 2004 Annual Street Overlay Projects 1,040,000 30,400 1,070,400 A Street Sewer Line Replacement 250,000 52,400 302,400 Court Street Waterline Extension 80,000 135,700 215,700 Public Works Building Expansion - 150,100 150,100 2004 Sewer Line Extension 100,000 11,200 111,200 2004 Sewer Line Replacement 200,000 S00 200,800 Material Storage Area 75,000 3,400 78,400 2004 Water Filtration Backwash Improvements - 81,700 81,700 Broadmoor Reservoir Improvements - 67,000 67,000 Rd 68 Sewerline Extension 200,000 80,900 280,900 2005 Proc. Water Reuse Facility Irrigation Upgrade - 211,600 211,600 Riverview Mapping/Topo - 102,000 102,000 Rd 64 Water Extension - 108,200 108,200 2005 Irrigation Upgrades - 246,600 246,600 Court Street Overlay 124,000 23,500 147,500 Rd 32&Court Signal 140,000 12,700 152,700 1-182 Cooridor Traffic Study 88,500 2,300 90,800 West Court Overlay - 139,900 139,900 Broadmoor Boulevard Overlay 33,900 18,300 52,200 Crescent Road Sewer Improvement - 111,800 111,800 Reuse Facility Irrigation Expansion 200,000 28,100 228,100 Vulnerability Assessment - 63,600 63,600 Butterfield Filter Plant&Raw Water Intake 200,000 801,400 I,001,400 2004 Water Distribution Line Extensions 50,000 46,600 96,600 Road 111 Irrrigation Lines - 201,900 201,900 4,438,100 3,589,775 8,027,875 §2. This ordinance shall take effect five(5)days after passage and publication. PASSED by the City Council of the City of Pasco,at its regular meeting on December 19,2005. Michael Garrison,Mayor APPROVED AS TO FORM: ATTEST: Webster Jackson,City Clerk Leland B.Kerr,City Attorney MEMORANDUM Date: December 9,2005 To: Gary Crutchfield, City Manager Stan Strebel, Administrative& Community Services Director From: Jim Chase, Finance Manager Subject: 2005 OPERATING AND CAPITAL IMPROVEMENTS PROJECTS BUDGET SUPPLEMENT. As is traditionally the case, a budget supplement is required to increase legal spending authority for those items unanticipated or indeterminable at the time the 2005 Annual Operating and Capital Improvements Projects Budgets were adopted. 2005 OPERATING BUDGET SUPPLEMENT Resources for the 2005 Operating Budget Supplement will be unanticipated revenue, contributions from active funds, and beginning and ending fund balances. The budget supplement ordinance will only list those funds that will actually increase revenue and/or expenditure amounts. Those funds that are utilizing ending fund balance will not be listed. GENERAL FUND: The following departments require additional authority to cover unanticipated expenditures. 1. Police—Various increases totaling$287,000 are needed for the Police Department, Investigations Division: An increase of$13,000 for Overtime Pay. Patrol Division: An increase of$180,000 is needed for Overtime Pay, mostly due to the cash-out of accrued compensatory time, $3,000 for Uniform & Clothing, $15,000 for additional Repairs & Maintenance for Vehicles, $28,000 for a new Vehicle, and $10,000 for Other Machinery& Equipment.. Crime Prevention: An increase of $32,000 is needed for additional Miscellaneous Office/Operating Supplies. Facilities: An increase of$3,500 for Janitorial Services, $1,000 for Electricity and$1,500 for Natural Gas. 2. Administrative & Community Services—A net supplement of$379,000 is required. Finance Division — A total increase of $101,000 is needed: An increase of $5,000 is needed for Overtime Pay due to increased customer volume, $92,000 for Misc. Professional Services (meter reading and utility billing printing and mailing fees, and audit costs), and $4,000 for additional Credit Card Fees. Legal Services Division: An increase of $160,000 is needed for additional Legal Services. Recreational Services: An increase of$21,000 is needed for Miscellaneous Professional Services. Facilities Division: A total increase in this division of $97,000. $6,000 for Overtime, $12,000 for additional Hardware, $15,000 for additional Agricultural and Chemicals & Laboratory Supplies, $5,000 for Misc. Professional Services, $44,000 for Electricity, and $15,000 in additional Repairs&Maintenance. 3. Community Development requires a total supplement of $240,000 for Miscellaneous Professional Services due to the contracted building inspection services in the Inspection Division. 4. Engineering requires a supplement of$155,000. $4,000 for increased Overtime Pay, and $90,000 for Miscellaneous Professional Services. 5. Non-Departmental - The Non-Departmental net supplement totals $1,196,100. Other Employee Benefits: $25,000 for the increase in medical/dental insurance premiums for the LEOFF 1 Police and Fire Department retirees. Other General Government Services: An increase of$15,000 is needed in Organizational Services, $40,000 for Misc. Professional Services, and a $85,000 for the 4`h of July Celebration, $20,000 for the Restroom at Edgar Brown Stadium, $47,000 for Chiawana Park Maintenance, $17,000 in additional Capital Outlays for the Police Department, and an additional $52,000 in Computers and Software purchases. Animal Control: An increase of $20,000 is needed for additional Misc. Professional Services (extra patrol), and an increase of $7,600 in Electricity, Natural Gas and Repairs. Operating Transfers-Out: A number of funds need operating transfers to cover expenditure authority and negative cash balances. These funds are the City Street Fund- $165,00, the Ambulance Services Fund-$578,000, The City View Cemetery Fund- $47,000, the Senior Center Fund-$64,500, the Litter Abatement Fund-$8,000, and the Central Stores Fund-$5,000. The amount of the above increases total $2,257,100. The City has been fortunate to have collected additional revenues over and above originally budgeted amounts. The increased expenditures can be covered, in part, with these additional revenues. I propose to increase the 2005 budgeted revenue authority by$1,000,000. This would include increasing Local Sales & Use Tax by $300,000, various sources of Utility Taxes by $350,000, Building Permits by $250,000 and the unanticipated revenue from the Convention Center Interlocal Agreement of $100,000. By decreasing the Ending Fund Balance by $1,257,000 the net would result in an increase in the General Fund budget authority of $1,000,000. OTHER OPERATING FLJNDS: CITY STREET FUND $37,000 of additional authority is needed to cover various additional expenditures in the City Street Fund. These include additional sidewalk maintenance, additional street lighting maintenance, traffic control devise maintenance and unanticipated snow removal costs occurring earlier in the year. The offsetting amount will need to come into the fund as an operating transfer from the General Fund and a reduction in budgeted Beginning Fund Balance. ARTERIAL STREET FUND: An additional $1,100,000 in budgeting authority is needed to cover project expenses. An increase to Other Local Funding will provide the offset for the expenses. This is mainly for the Argent Road/SR 395 Ramp Project not originally budgeted. AMBULANCE SERVICES FUND $163,000 of additional authority is needed in the Ambulance Services Fund. Additional authority is needed to cover Overtime Pay($40,000), Medical Supplies ($5,000),the purchase of additional vehicles ($103,000) and Equipment Rental Charges($15,000). An Operating Transfer of$578,000 from the General Fund and a reduction in revenues will offset the increased expenditures. CEMETERY FUND The Cemetery Fund needs additional budget authority of$47,000. Increases in Miscellaneous Professional S ervices($15,000), Repairs and Maintenance($14,000) and Material-Inventory ($18,000) are needed. An Operating Transfer from the General Fund will offset the increased expenditures. SENIOR CENTER An additional $46,000 in spending authority is needed for the Senior Center. Additional authority of$12,300 is needed in Health Screening, $12,000 for Salaries and Wages and related benefit costs, and $300 for Printing & Binding. Additional authority of $33,700 is needed in Administration. This includes $7,500 for Wages, $2,000 for Janitorial Supplies, $7,200 for Utilities, and $17,000 for Repairs & Maintenance. The offsetting amount will come from an Operating Transfer from the General Fund and a reduction is funding from the Community Development Block Grant Fund. This will also cover an existing negative cash balance in the fund. MULTI-MODAL FACILITY FUND Additional budget authority of $10,000 is needed for the Multi-Modal Facility, Increases are need for additional Electricity ($2,000), and Repairs & Maintenance of the building ($8,000). The offset will come from increasing revenue authority. SPECIAL ASSESSMENT LODGING FUND The Special Assessment Lodging Fund needs an additional $20,000 in spending authority. This increase is offset by increasing the Hotel/Motel Special Assessment Tax revenue line item. LITTER ABATEMENT FUND An additional $8,000 in spending authority is needed in the Litter Abatement Fund to cover litter clean-up. The offset will come in the form of an Operating Transfer from the General Fund. TRAC DEVELOPMENT AND OPERATING FUND: An additional $30,000 in spending authority is needed this year to cover invoices received from Franklin County for TRAC. This offset will be an increase in the Convention/Trade Center Tax line item. 1993 UNLIMITED TAX GENERAL OBLIGATION BOND FUND The 1993 Bonds were refunded by the 2002 UTGO Refunding Bonds. In order to close the fund and transfer the cash balance to the 2002 UTGO Fund additional spending authority of S 12,000 is required. EQUIPMENT RENTAL—OPERATIONS FUND—GOVERNMENTAL FUNDS An increase in the cost of fuel ($50,000) have made it necessary to increase the spending authority for this fund. This amount can be offset by increasing the Equipment Rental Fees and Equipment Repair Charges budgeted line items. EQUIPMENT RENTAL—OPERATIONS FUND—PROPRIETARY FUNDS The City is now required to separate the expenses for equipment used for Governmental Funds purposes from equipment used for Proprietary Funds purposes for the Comprehensive Annual Financial Report. There was nothing budgeted in this fund for 2005. Budget authority of $144,000 is needed in this fund in a variety of line items. The increase in expenditures is offset by increasing Rental Fee Revenue. EQUIPMENT RENTAL- REPLACEMENT FUND—PROPRIETARY FUNDS This is similar to the Operations Fund needing the separation for Proprietary Funds. Additional spending authority of$200,000 is needed for this fund. The increase in expenditures is offset by increasing Replacement Fee Revenue. CENTRAL STORES FUND Additional Spending authority of $5,000 is needed in the Central Stores Fund. The offset will come in the form of an Operating Transfer from the General Fund. 2004 CAPITAL IMPROVEMENT BUDGET SUPPLEMENT During the course of the year a number of projects will exceed their original appropriation; or were not included in the 2005 Capital Improvements Projects Budget, therefore, a supplement to the 2005 Capital Improvements Projects Budget is required. The total amount of increased authority is $3,589,3775. They are as follows: Current Change in Total New PROJECTS - Authority Authority AUTHORITY City Hall Remodel 714,600 3,025 717,625 Road 84 Park 210,000 29,500 239,500 20th Ave&Court Street Modification 144,000 198,600 342,600 20th &Pearl Street Signal 140,000 115,900 255,900 Road 68&1-182 Traffic Signal 200,000 62,600 262,600 2004 Misc Street Improvements 98,100 9,250 107,350 Rd 68/Convention PI/Burden Blvd Signal 150,000 66,100 216,100 2005 Handicap Ramps - 74,200 74,200 Rd 68 Widening-East Side - 210,000 210,000 Rd 68 Interchange Widening - 70,300 70,300 TRAC Traffic - 18,200 18,200 2004 Annual Street Overlay Projects 1,040,000 30,400 1,070,400 A Street Sewer Line Replacement 250,000 52,400 302,400 Court Street Waterline Extension 80,000 135,700 215,700 Public Works Building Expansion - 150,100 150,100 2004 Sewer Line Extension 100,000 11,200 111,200 2004 Sewer Line Replacement 200,000 800 200,800 Material Storage Area 75,000 3,400 78,400 2004 Water Filtration Backwash Improvements - 81,700 81,700 Broadmoor Reservoir Improvements - 67,000 67,000 Rd 68 Sewerline Extension 200,000 80,900 280,900 2005 Proc.Water Reuse Facility Irrigation Upgrade - 211,600 211,600 Riverview Mapping/Topo - 102,000 102,000 Rd 64 Water Extension - 108,200 108,200 2005 irrigation Upgrades - 246,600 246,600 Court Street Overlay 124,000 23,500 147,500 Rd 32&Court Signal 140,000 12,700 152,700 1-182 Cooridor Traffic Study 88,500 2,300 90,800 West Court Overlay - 139,900 139,900 Broadmoor Boulevard Overlay 33,900 18,300 52,200 Crescent Road Sewer Improvement - 111,800 111,800 Reuse Facility Irrigation Expansion 200,000 28,100 228,100 Vulnerability Assessment - 63,600 63,600 Butterfield Filter Plant& Raw Water Intake 200,000 801,400 1,001,400 2004 Water Distribution Line Extensions 50,000 46,600 96,600 Road 111 Iririgation Lines - 201,900 201,900 4,438,100 3,589,775 8,027,875 EXHIBIT 1 2005 BUDGET SUPPLEMENT EXPENDITURES REVENUES GEBERAL FUND: POLICE INVESTIGATIONS 010-210-52121- 512010 Overtime 13,000 PATROL 010-210-52122- 512010 Overtime 180,000 010-210-52122- 522010 Uniform & Clothing Allowance 3,000 010-210-52122- 548080 Repair& Maintenance-Vehicles 15,000 010-210-52122- 564030 Vehicles 28,000 010-210-52122- 564090 Other Machinery& Equipment 10,000 CRIME PREVENTION 010-210-52130 531090 Misc, Office/Operating Supplies 32,000 FACILITIES 010-210-52150 541050 Janitorial Services 3,500 547040 Electricity 1,000 547050 Natural Gas 1,500 TOTAL POLICE 287,000 ADMINISTRATIVE& COMMUNITY SERVICES BUDGETING&ACCOUNTING 010-410-51423- 521010 Overtime 5,000 010-410-51423- 541090 Misc. Professional Services 92,000 010-410-51423- 549010 Credit Card Fees 4,000 LEGAL SERVICES 010-410-51520- 541010 Legal Services 160,000 RECREATIONAL SERVICES 010-410-57420- 541090 Misc. Professional Services 21,000 FACILITIES 010-410-57680 521010 Overtime 6,000 010-410-57680- 531020 Hardware 12,000 010,410-57680 531060 Agricultural Supplies 6,000 010-410-57680- 531070 Chemicals& Lab Supplies 9,000 010-410-57680- 541090 Misc. Professional Services 5,000 010-410-57680- 547040 Electricity 44,000 010-410-57680- 548030 R& M Equipment 15,000 TOTAL ADMINISTRATIVE &COMMUNITY SERVICES 379,000 COMMUNITY DEVELOPMENT PERMITS&CERTIFICATIONS 010-505-52420- 541090 Misc. Prof. Services 240,000 TOTAL COMMUNITY DEVELOPMENT 240,000 EXPENDITURES REVENUES ENGINEERING ADMINISTRATION 010-730-53210- 541090 Misc. Professional Services 25,000 PLANS&SERVICES 010-730-53220- 512010 Overtime 40,000 010-730-53220- 541090 Misc. Professional Services 90,000 TOTAL ENGINEERING 155,000 NON-DEPARTMENTAL OTHER EMPLOYEE BENEFITS 010-905-51790- 529020 Medical Payments- Retired 25,000 OTHER GENERAL GOVT SERVICES 010-905-51990- 541030 Organizational Services 15,000 010-905-51990- 541090 Misc. Prof. Services 40,000 010-905-51990- 549090 Other Miscellaneous 4th of July 85,000 010-905-51990- 549097 Extra-ordinary Exp. 67,000 010-905-51990- 560210 Capital Outlays-Police 17,000 010-905-51990- 564060 Compters& Software 52,000 ANIMAL CONTROL 010-905-53930- 541090 Misc. Professional Services 20,000 010-905-53930- 547040 Electricity 2,000 010-905-53930- 547050 Natural Gas 1,000 010-905-53930- 548020 Repairs&Maintenance-Building 4,600 OPERATING TRANSF-OUT 010-905-59700- 555010 Interfund Transfers-Out-Street Fund 165,000 010-905-59700- 555010 Interfund Transfers-Out-Amb Sery Fund 578,000 010-905-59700- 555010 Interfund Transfers-Out-Cemetery Fund 47,000 010-905-59700- 555010 Interfund Transfers-Out-Sr Center Fund 64,500 010-905-59700- 555010 Interfund Transfers-Out-Litter Abatement Fund 8,000 010-905-59700- 555010 Interfund Transfers-Out-Central Stores Fund 5,000 TOTAL NON-DEPARTMENTAL 1,196,100 010-000-00000- 431310 Local Sales&Use Tax 300,000 010-000-00000- 431647 Telephone Utility Tax 100,000 010-000-00000- 431651 Electric Utility Tax 200,000 010-000-00000- 431674 Sewer Utility Tax 50,000 010-000-00000- 432210 Building Permits 250,000 010-000-00000- 433800 Convention Center Interlocal Agreement 100,000 010-905-0800- 506000 Unreserved Ending Fund Balance (1,257,100) - 1,000,000 1,000,000 OTHER OPERATING FUNDS EXPENDITURES REVENUES STREET FUND STREET LIGHTING MAINTENANCE 110-740-54263- 547040 Electricity 28,000 110-740-54263- 548050 Repair&Maint_-Street Lights 4,000 SNOW REMOVAL 110-740-54266- 531070 Chemicals&Supplies 5,000 110-000-00000- 430800 Beginning Fund Balance (128,000) 110-000-00000- 439700 Operating Transfer In-General Fund 165,000 TOTAL STREET FUND 37,000 37,000 ARTERIAL STREET FUND ROADWAY 120-750-59530- 565000 Construction Projects 1,100,000 120-000-00000- 430800 Beginning Fund Balance 300,000 120-000-00000- 433790 Other Local Funding 800,000 TOTAL ARTERIAL STREET FUND 1,100,000 1,100,000 AMBULANCE SERVICES FUND 150-311-52620- 511010 Salaries&Wages - 150-311-52620- 512010 Overtime 40,000 150-311-52620- 531080 Medical Supplies 5,000 150-311-52620- 564030 Vehicles 103,000 150-311-52620- 595480 Equipment Rental Charges 15,000 150-000-00000- 434292 Medicare Write-offs (175,000) 150-000-00000- 434293 Medicaid/DSHS Write-offs (140,000) 150-000-00000- 434295 Collection Write-offs (100,000) 150-000-00000- 439730 Operating Transfer In-General Fund 578,000 TOTAL AMBULANCE SERVICES FUND 163,000 163,000 CEMETERY FUND 160-430-53620- 541090 Misc Professional Services 15,000 160-430-53620- 548090 Repair&Maintenance 14,000 160-430-53620- 534092 Materials-Inventory 18,000 160-000-00000- 439730 Operating Transfer In-General Fund 47,000 TOTAL CEMETERY FUND 47,000 47,000 EXPENDITURES REVENUES SENIOR CENTER FUND HEALTH SCREENING 170-411-55591- 511010 Salaries &Wages 1,000 170-411-55591- 511020 Part-Time Wages 10,000 170-411-55591- 521010 FICA 1,000 170-411-55591- 549060 Printing&Binding 300 ADMINISTRATION 170-411-57610- 511010 Salaries&Wages 5,000 170-411-57610- 511020 Part-Time Wages 2,500 170-411-57610- 531050 Janitorial Supplies 2,000 170-411-57610- 542010 Telephone 1,200 170-411-57610- 547040 Electricity 6,000 170-411-57610- 548020 Repair& Maintenance-Bldg 10,000 170-411-57610- 548030 Repair&Maintenance-Equip 7,000 170-000-00000- 439730 Operating Transfer In-General Fund 64,500 170-000-00000- 439732 Operating Transfer In-CDBG (18,500) TOTAL SENIOR CENTER FUND 46,000 46,000 MULTI MODAL FACILITY MULTI-MODAL FACILITY 180-460-53956- 547040 Electricity 2,000 180460-53956- 548020 Repair& Maintenance Building 8,000 180-000-00000- 436250 AMTRAK Rent 3,000 180-000-00000- 436251 Greyhound Rent 2,000 180-000-00000- 436255 Misc. Rents 5,000 TOTAL MULTI MODAL FACILITY 10,000 10,000 SPECIAL ASSESSMENT LODGING FUND FACILITIES/COMMUNITY EVENTS 188-960-57540- 541030 Organizational Services 20,000 188-000-00000- 431340 HoteVMotel Special Assessment Tax 20,000 20,000 20,000 LITTER ABATEMENT FUND ROADSIDE CLEANUP 189-789-54270- 541090 Misc Professional Services 8,000 189-000-00000- 439730 Operating Transfer In-General Fund 8,000 8,000 8,000 TRAC DEVELOPMENT&OPERATING FUND ADMINISTRATION 191-961-57541- 551020 County Services 30,000 191-000-00000- 431350 Convention/Trade Center Tax 30,000 TOTAL TRAC DEVELOPMENT&OPERATING FUND 30,000 30,000 EXPENDITURES REVENUES 1993 UTGO BOND FUND OPERATING TRANSFERS-OUT 271-980-59700- 555010 Operating Transfers-Out 12,000 271-000-00000- 430800 Beginning Fund Balance 12,000 12,000 12,000 EQUIPMENT RENTAL-OPERATIONS-GOVERNMENT FUNDS OPERATIONS&MAINTENANCE 510-780-54868- 532010 Gasoline 30,000 510-780-54868- 532020 Diesel 20,000 510-000-00000- 436510 Interfund Equip Rental Fees 44,000 510-000-00000- 434830 Equipment Repair Charges 6,000 TOTAL EQUIPMENT RENTAL-OPERATIONS FUND 50,000 50,000 EQUIPMENT RENTAL-OPERATIONS-PROPRIETARY FUNDS UNRESERVED ENDING FUND BLANCE 511-780-50800- 506000 Ending Fund Balance 46,900 OPERATIONS&MAINTENANCE 511-780-54868- 531020 Hardware 2,000 511-780-54868- 531075 Motor Oil 2,000 511-780-54868- 531090 Misc. Operating Supplies 1,000 511-780-54868- 532010 Gasoline 25,000 511-780-54868- 534030 Automotive Parts 50,000 511-780-54868- 534035 Tires& Batteries 4,000 511-780-54868- 535040 Small Tools 100 511-780-54868- 548030 Repair&Maintenance-Equipment 12,000 511-780-54868- 548040 Repair& Maintenance-Vehicles 1,000 511-000-00000- 436510 Interfund Equip Rental Fees 144,000 144,000 144,000 EQUIPMENT RENTAL-REPLACEMENT FUND-PROPRIETARY FUNDS FLEET REPLACEMENT 516-780-59448 564030 Vehicles 200,000 516-000-00000- 436511 Interfund Equipment Rental Replacement chgs 200,000 200,000 200,000 CENTRAL STORES FUND PURCHASE OF INVENTORY 530-132-51958- 534090 Inventory Items 5,000 530-000-00000- 539730 Operating Transfer In-General Fund 5,000 TOTAL CENTRAL STORES FUND 5,000 5,000 CAPITAL_ IMPROVEMENTS PROJECTS Current Change in Total New PROJECTS Authority Authority AUTHORITY City Hall Remodel 714,600 3,025 717,625 Road 84 Park 210,000 29,500 239,500 20th Ave&Court Street Modification 144,000 198,600 342,600 20th&Pearl Street Signal 140,000 115,900 255,900 Road 68&1-182 Traffic Signal 200,000 62,600 262,600 2004 Misc Street Improvements 98,100 9,250 107,350 Rd 68/Convention PI/Burden Blvd Signal 150,000 66,100 216,100 2005 Handicap Ramps - 74,200 74,200 Rd 68 Widening- East Side - 210,000 210,000 Rd 68 Interchange Widening - 70,300 70,300 TRAC Traffic - 18,200 18,200 2004 Annual Street Overlay Projects 1,040,000 30,400 1,070,400 A Street Sewer Line Replacement 250,000 52,400 302,400 Court Street Waterline Extension 80,000 135,700 215,700 Public Works Building Expansion - 150,100 150,100 2004 Sewer Line Extension 100,000 11,200 111,200 2004 Sewer Line Replacement 200,000 800 200,800 Material Storage Area 75,000 3,400 78,400 2004 Water Filtration Backwash Improvements - 81,700 81,700 Broadmoor Reservoir Improvements - 67,000 67,000 Rd 68 Sewerline Extension 200,000 80,900 280,900 2005 Proc.Water Reuse Facility Irrigation Upgrade - 211,600 211,600 Riverview Mapping/Topo - 102,000 102,000 Rd 64 Water Extension - 108,200 108,200 2005 Irrigation Upgrades - 246,600 246,600 Court Street Overlay 124,000 23,500 147,500 Rd 32 &Court Signal 140,000 12,700 152,700 1-182 Cooridor Traffic Study 88,500 2,300 90,800 West Court Overlay - 139,900 139,900 Broadmoor Boulevard Overlay 33,900 18,300 52,200 Crescent Road Sewer Improvement - 111,800 111,800 Reuse Facility Irrigation Expansion 200,000 28,100 228,100 Vulnerability Assessment - 63,600 63,600 Butterfield Filter Plant& Raw Water Intake 200,000 801,400 1,001,400 2004 Water Distribution Line Extensions 50,000 46,600 96,600 Road 111 Iririgation Lines - 201,900 201,900 4,438,100 3,589 775 8,027,875 AGENDA REPORT TO: City Council December 6, 2005 FROM: Gary Crutc Manager Workshop: 12/12/05 SUBJECT: 2006 COLA f Non-Represented Employees Regular Mtg.: 12/19/05 I. REFERENCE(S): 1. Proposed Ordinance,Non-Represented Wage Plan. 2. Proposed Ordinance, Management Salary Plan. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/12: DISCUSSION 12/19: MOTION: I move to adopt Ordinance No. providing a cast-of-living adjustment in the non-represented wage plan for year 2006 and, further, to authorize publication by summary only. 12/19: MOTION: I move to adopt Ordinance No. providing a cast-of-living adjustment in the management salary plan for year 2006 and, further, to authorize publication by summary only. III. FISCAL IMPACT: I. Estimated fiscal impact (increased labor cost) of cost of living increase for non- represented employees: $92,000 including increase in employer contributions to social security, Medicare, and PERS. 2. Estimated fiscal impact (increased labor cost) of cost of living increase for management employees: $61,000 including increase in employer contributions to social security, Medicare, and PERS, but discounting the effect of the VEBA benefit on social security and Medicare. IV. HISTORY AND FACTS BRIEF: A) Those employees not formally represented by a bargaining group are compensated in accordance with the non-represented wage and salary plan for both non-managers and managers respectively. V. DISCUSSION: A) The purpose of the Cost of Living Adjustment (COLA) is to assure maintenance of the purchasing power of the respective wage or salary plan. To do so, the City typically uses 90% of the Consumer Price Index (CPI) published for smaller west coast cities; the 90% figure currently is 3.3% (October—October). That index is usually referenced in the bargaining unit contracts as well; however, all of the bargaining unit contracts provide a minimum (or floor) for the annual adjustment. The recently ratified contract for operating engineers allows for a 3.25% annualized increase in 2006. The contracts for the firefighters and police are currently in negotiations. B) Given the non-represented employee groups are experiencing the same cost of living changes as other employee groups,it is recommended that the 2006 COLA be fixed at 3.25%, which represents 87.8% of CPI B/C Western Cities (October-October). Staff recommends Council approval. 3(m) ORDINANCE NO. AN ORDINANCE CONCERNING WAGES FOR CERTAIN NON-MANAGEMENT, NON-REPRESENTED PERSONNEL FOR THE CALENDAR YEAR 2006. WHEREAS, the City Manager has recommended the wage scale for non-represented positions be modified to include a cost-of-living adjustment for calendar year 2006; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The wage scale for those non-management positions specified in the attached Exhibit"A" and not represented by a certified bargaining unit, shall be as set forth in Exhibit"A" attached hereto, which Exhibit is incorporated by reference as if fully set forth herein. The City Manager shall designate the appropriate hourly wage step in Exhibit "A" for each employee covered by this Ordinance, considering their time in the position for which they are employed, their current hourly wage, and the evaluation of their performance. Any non-represented employee whose actual wage or salary on December 31, 2005, exceeds the maximum for the respective grade assigned herein shall continue to receive said actual wage or salary during calendar year 2006. Section 2. The step increases set forth in Exhibit "A" are dependent upon a satisfactory performance evaluation. If the performance evaluation of an employee demonstrates superior performance and upon recommendation of the Department Director, the City Manager has the discretion to advance an employee an additional pay step over that step otherwise obtainable by a satisfactory performance evaluation. Section 3. The wage scale set forth in Exhibit"A" shall be effective January 1, 2006 and remain in effect until this Ordinance is amended or superseded by subsequent Ordinance. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. This Ordinance shall take effect five (5) days after passage and publication according to law. PASSED by the City Council of the City of Pasco at a regular meeting this 19'h day of December, 2005. Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: Webster U. Jackson, City Clerk Leland B. Kerr, City Attorney Q ;9 k W r O v oMO fl.: O m m 07 h cn CN r O k O M N O m h — N (c(np N C 000 ifOY Q7 10 W M M h M N 07 O 'Q C-4 0 o E C h r N M M O f� r M V c° h N CY f� m N QQE 04 N M M Cl) Ci M c+] v '7 - �vp v v LO LO L° Lo co fD J O oho v °h° � cOO O Iq r0 O i O^ UR O N - v ao to NO N m m O N N N N O 04 co h O M a M V N N N N M M M M M O 00 co �f h co Go O a � O N x 4)E N Y] m m W O v N LO LD to N N N M M M M M 3 r N N N N o_ M tn cn M v M h N CO h O LA a p r c0 O M h 07 M N m [� O h O7 m 0J O 0) 01 N N N N N N N M M M n unrn h m a co m v O M h in ao h N N N M O. 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F U � Nfn� � a cr nQ � ^L ncU7 ° ' o V cN ° ' c ° lG Z '-' V C 3p U a rn C r N C V) a 3 v a ° c •� C LU t. j p LL U C a c a c o ° U r p d ° o a E •c ci m o c .� v m E E ca W a E V 'n c m �j fn y U W a to cn m rn 0 0 m o c m rn 2 m W ° Q C7 m � m a m V � m a Q o y E ° o o m 0 � 4 w E o c� QE�77 g ngu� q nq�� p o ns rn U rn o w t a m a c o w a. OC} Li (nUOOJl12 � d Q CJJdV1Lu Q U U J � W W J Tvii Q mUSv°) UirimQQ Q U ORDINANCE NO AN ORDINANCE CONCERNING THE SALARIES FOR MANAGEMENT POSITIONS FOR THE CALENDAR YEAR 2006. WHEREAS, the City Manager has recommended the salary scale for management positions be modified to include a cost-of-living adjustment for calendar year 2006;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The maximum monthly salaries for management positions shall be as set forth in Exhibit "A" attached hereto, which Exhibit is incorporated by reference as if fully set forth herein. The schedule of maximum salaries set forth in Exhibit "A" shall be effective January 1, 2006, and shall remain effective until this Ordinance is amended or superseded by subsequent Ordinance. The actual salary to be received by an employee occupying a management position shall be determined by the City Manager in an amount no greater than the maximum for the position except as authorized herein. Section 2. A merit increase may be granted to a city employee employed in one of the management level positions set forth in Exhibit "A", at the sole discretion of the City Manager and within the following guidelines; provided, however, the total of all merit increases for the year 2006 does not exceed $45,000. (a) Any merit increase shall be based solely upon job performance demonstrating effort and achievement above and beyond that regularly expected of the position. (b) Any merit increase awarded shall be for a temporary period of time to be determined by the City Manager, provided any such merit increase shall expire not later than December 31, 2006, Section 3. For payroll purposes only, the monthly salaries as set forth in Exhibit "A" may be multiplied by twelve (12) and divided by two thousand eighty (2,080) (number of hours in work year) to determine an hourly rate of pay and paychecks may be computed and paid on this hourly basis; however, all positions Iisted on Exhibit"A" shall remain salaried positions. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. This Ordinance shall take effect five (5)days after passage and publication according to law. PASSED by the City Council of the City of Pasco at a regular meeting this 19`h day of December 2005. Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: Webster U. Jackson, City Clerk Leland B. Kerr, City Attorney 2006 MANAGEMENT SALARY INFORMATION EXHIBIT "A" 2005 Maximum Monthly Position Salary City Manager 11,173 Public Works Director 8,895 Admin&CommServices Director 8,353 Police Chief 8,353 Fire Chief 7,918 Comm&EconDevelop Director 7,593 Finance Manager 7,376 City Engineer 7,376 IS Manager 7,159 Police Captain 7,159 Municipal Court Jude 7,051 Field Division Manager 6,834 Assistant Fire Chief 6,834 HR Manager 6,834 Manager, Waste Water 6,291 Recreation Services Manager 5,966 Inspection Services Mana er 5,966 Facilities Manager 5,641 Admin Services Mgr. 5,641 Court Administrator 5,641 Assistant Field Manager 5,207 Customer Service/Billing Mgr 4,665 AGENDA REPORT FOR: City Council December 7, 2005 TO: Gary Crutchfi i anager Workshop: 12/12/05 Regular Mtg.: 12/19/05 FROM: Lynne Jackson Human Resources Manager SUBJECT: Temporary/Seasonal Employee Wage Plan I. REFERENCE(S): 1. Ordinance 2. Proposed Wage Plan II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/12: DISCUSSION 12/19: MOTION: I move to adopt Ordinance No. , revising the Temporary Employee Wage Plan. III. FISCAL IMPACT: Impact included in the 2006 budget IV. HISTORY AND FACTS BRIEF; A) This wage scale has not been fully adjusted for the past two years. B) Initiative 688 created a minimum wage law that requires the minimum wage paid by employers to increase each year (based on the CPI-W for urban wage earners). V. DISCUSSION: A) Wages for a portion of the seasonal positions were adjusted administratively to allow for the increase in minimum wage as of l/1104 and 1/1105. Wages for all temporary positions (primarily summer recreation jobs) should be increased because the monetary spread between the minimum wage Grade (S-3) and other Grades is smaller due to this mandated annual inflator. Thus to continue to encourage employees (typically Pasco High School or former PHS students) who worked in the Recreation Division during past years to continue working for the City, the wage scale should be realigned to reflect appropriate Grade separations. B) In addition to the adjustment to relieve compression, the Pool Manager position and the Facilities Supervisor 3 position are upgraded (higher wage) to reflect the greater responsibilities in relation to other classifications. C) Staff recommends Council approval. 3(n) ORDINANCE NO. AN ORDINANCE CONCERNING WAGES FOR TEMPORARY NON- MANAGEMENT, NON-REPRESENTED PERSONNEL FOR THE CALENDAR YEAR 2006. WHEREAS, the City Manager has recommended the wage scale for temporary positions be modified to include a cost-of-living adjustment for calendar year 2006;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The wage scale for those temporary positions specified in the attached Exhibit "A" and not represented by a certified bargaining unit, shall be as set forth in Exhibit"A" attached hereto, which Exhibit is incorporated by reference as if fully set forth herein. The City shall designate the appropriate hourly wage step in Exhibit "A" for each employee covered by this Ordinance, considering their time in the position for which they are employed, their current hourly wage, and the evaluation of their performance. Any temporary employee whose actual wage or salary on December 31, 2005, exceeds the maximum for the respective grade assigned herein shall continue to receive said actual wage or salary during calendar year 2006. Section 2. The step increases set forth in Exhibit "A" are dependent upon a satisfactory work performance. Section 3. The wage scale set forth in Exhibit "A" shall be effective January 1, 2006 and remain in effect until this Ordinance is amended or superseded by subsequent Ordinance. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. This Ordinance shall take effect five (5) days after passage and publication according to law. PASSED by the City Council of the City of Pasco at a regular meeting this 19'h day of December, 2005. Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: Webster U. Jackson, City Clerk Leland B. Kerr, City Attorney C mot' cad LLr) 0�0 LO m 00 U l O 4 En 00 00 T OH eN-i N o b G W ti O m ° ° m m o °o O 00 W O� O 00 Eb �•y �--� r•y r-I X m a, t � 4J rl v O rn m o 0 0 y o o o N m � v 0 0 00 00 ON N O V7 � d eZ1 a1 Q) sy O o 0 0 No rn m m o 0 0 ra 00 CD W °�' od 00 0 0 a, .: CD 0000 Lq C9 to a -4 °o Cl. o ri 0 0 00 -4 M X v 0 y d o 0 0 0 0 0 ON E H $ G to O H m o N m m +- O NO P-4 �O L. Orc r� V V V F .14 bA O a, o °' U) 'd o o .o ' m V) o cn .° ,° a ° tUD ra+ r m a O v o O U Q w Q w .� gt 0 0,0, P. CL� a AGENDA REPORT TO: City Council Date: 12;9/05 FROM: Water Reservoir Aesthetics Committee Workshop: 12/12105 SUBJECT: Progress in Deciding on a Paint Design for the Water Reservoirs I, REFERENCES: II. ACTION REQUESTED OF COUNCIL! STAFF RECOMMENDATION: 12112: Discussion toward consensus. III. FISCAL IMPACT: See below. IV. .HISTORY AND FACTS BRIEF: The Water Reservoir Aesthetics Committee was appointed by the City Council to recommend a paint design for the current reservoir and the reservoir tinder construction from the paint designs submitted through the competition. V. DISCUSSION: At Monday evening's workshop meeting,the Water Reservoir Aesthetics Committee will report to the City Council on progress on deciding on a paint design for the reservoirs. Cost of painting the reservoirs will depend to a great extent on the design selected by Council. 3(0)