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2005.12.19 Council Meeting Packet
AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. December 19,2005 1. CALL TO ORDER 2. ROLL CALL: Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: I. Minutes of the Pasco City Council Meeting dated December 5, 2005. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) I. To approve General Claims in the amount of$2,000,248.28 ($90,866.40 being in the form of Wire Transfer Nos. 4450 and 4455 and, $1,909,381.88 consisting of Claim Warrants numbered 152110 through 152305). 2. To approve bad debt write-offs for utility billing, ambulance, Municipal Court non-criminal, criminal and parking and cemetery accounts receivable in the total amount of$140,158.51 and, of that amount, authorize $105,271.32 be turned over for collection. (c) Amendment to the 2005 Annual Action Plan: I. 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. To approve the amendment to the 2005 Annual Action Plan listed as Reference A. (d) Grand Old 4"'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 the Grand Old 4th To aUrove the interlocal agreement with Franklin County for co-sponsorship of the 2006 Grand Old 4 Celebration and, further, authorize the Mayor to sign the agreement. (e) 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. To authorize expenditure of$1,000 for co-sponsorship of the 2005 First Night Tri-Cities event in Kennewick. *(f) Resolution No. 2925, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Main Street and Pueblo Street. 1. Agenda Report from David I. McDonald, City Planner dated December 14, 2005. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition. To approve Resolution No. 2925, fixing 7:00 p.m., January 17, 2006 as the time and date for a public hearing to consider the proposed vacation. *(g) Resolution No. 2926, a Resolution accepting work performed by Sierra Electric, Inc., under contract for the Road 68 Place/Convention Place and Burden Boulevard Traffic Signal, Project 04-4-03. 1. Agenda Report from Doug Bramlette, City Engineer dated December 12,2005. 2. Resolution. To approve Resolution No. 2926, accepting the work performed by Sierra Electric, Inc., under contract for the Road 68 Place/Convention Place&Burden Boulevard Traffic Signal, Project No. 04-4-03. *(h) Cancellation of Workshop Meeting: (NO WRITTEN MATERIAL ON AGENDA) To cancel the December 26,2005 Workshop Meeting. (RQ MOTION: I move to approve the Consent Agenda as read. Regular Meeting 2 December 19,2005 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS- OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers. (b) Financial Services Manager: General Fund Operating Statement through November 2005. 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) Franchise Renewal for Cascade Natural Gas Corporation: I. Agenda Report from Gary Crutchfield, City Manager dated December 16, 2005. 2. Draft Renewal of Franchise Agreement. 3. Map of Service Areas. (References in Council packets only; copy available in City Manager's Office for public review.) CONDUCT A PUBLIC HEARING (b) 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 1 —2005 Budget Supplement. CONDUCT A PUBLIC HEARING 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. 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, further, to authorize publication by summary only. -AND- Ordinance No. , an Ordinance relating to Supplemental Capital Improvement Projects Budget for the Year 2005. MOTION: I move to adopt Ordinance No. , amending the 2005 Capital Improvements Budget by providing a Supplement thereto in the amount of$1,864,975 and, further, to authorize publication by summary only. Q*(c) Street Vacation—A Portion of N.Wehe(MF#05-162-V): 1. Agenda Report from Dave McDonald, City Planner dated December 14, 2005. 2. Proposed Ordinance and Vicinity Map. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating the east 10 feet of Wehe Avenue lying along the western edge of Block 32,Plat of Highland Park Homes. MOTION:I move to adopt Ordinance No. , vacating a portion of North Wehe adjacent Block 32,Highland Park Homes and, further,to authorize publication by summary only. Q*(d) Street Vacation—A Portion of Rodeo Drive and Sutherland Street(MF#05-160-V): 1. Agenda Report from David I. McDonald, City Planner dated December 14, 2005. 2. Proposed Ordinance and Vicinity Map. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating all right-of-way and easements thereto lying within Binding Site Plan 2001-04. MOTION: I move to adopt Ordinance No. , vacating all streets (Rodeo Drive & Sutherland Street) within Binding Site Plan 2001-04 and, further, to authorize publication by summary only. Regular Meeting 3 December 19, 2005 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) 2006 Annual Operating and Capital Improvements Projects Budget: 1. Agenda Report from Jim Chase,Finance Manager dated December 15, 2005. 2. Proposed 2006 Annual Operating Budget Ordinance. 3. Proposed 2006 Capital Projects Budget Ordinance. Ordinance No. 3743, an Ordinance adopting the City of Pasco Operating Budget for the Year 2006. MOTION: I move to adopt Ordinance No. 3743, adopting the 2006 Annual Operating Budget and, further to authorize publication by summary only. -AND- Ordinance No. 3744, an Ordinance adopting the City of Pasco Capital Projects Budget for the Year 2006. MOTION: I move to adopt Ordinance No. 3744, adopting the 2006 Capital Projects Budget and, further,to authorize publication by summary only. (b) Ordinance No. , an Ordinance prohibiting parking on various arterial streets and amending Section 10.56.080 of the Pasco Municipal Code. 1. Agenda Report from Bob Alberts,Public Works Director dated December 13, 2005. 2. Map. 3. Ordinance MOTION: I move to adopt Ordinance No. , amending Section 10.56.080 adding parking restrictions and, further,to authorize publication by summary only. (c) 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. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated December 5, 2005. 2. Ordinance. MOTION: I move to adopt Ordinance No. , dissolving the Sun Willows Development Fund and repealing Chapter 3.125 of the Pasco Municipal Code and, further to authorize publication by summary only. (d) 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. Ordinance No. , an Ordinance concerning wages for certain non-management, non- represented personnel for the calendar year 2006. MOTION: I move to adopt Ordinance No. , providing a cost-of-living adjustment in the non-represented wage plan for year 2006 and, further,to authorize publication by summary only. -AND- Ordinance No. , an Ordinance concerning the salaries for management positions for the calendar year 2006. MOTION: I move to adopt Ordinance No. , providing a cost-of-living adjustment in the management salary plan for year 2006 and,further, to authorize publication by summary only. (e) Ordinance No. , an Ordinance concerning wages for temporary non-management,non- represented personnel for the calendar year 2006. 1. Agenda Report from Lynne Jackson,Human Resources Manager dated December 7, 2005. 2. Ordinance. 3. Proposed Wage Plan. MOTION: I move to adopt Ordinance No. ,revising the Temporary Employee Wage Plan and, further, to authorize publication by summary only. (f) Resolution No. , a Resolution repealing shotgun hunting authorization approved under Council Resolution No. 2287. 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. MOTION: I move to approve Resolution No. repealing the shotgun hunting privileges authorized by Resolution No. 2287. 9. UNFINISHED BUSINESS: (none) Regular Meeting 4 December 19,2005 10. NEW BUSINESS: (a) 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. 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. *(b) Raw Water Pipeline Project Award: 1. Agenda Report from Robert J. Alberts,Public Works Director dated December 14,2005. MOTION: I move to award the materials contract to the lowest bidder,National Waterworks, in the amount of $116,010.56, including sales tax and, further, authorize. the Mayor to sign the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) Litigation/Potential Litigation (b) Collective Bargaining Strategy&Proposals (c) Enforcement Actions 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter REMINDERS: 1. 4:00 p.m., Monday, December 19, Port of Benton — Hanford Area Economic Investment Fund Board Meeting. (COLNCILMEMBER MATT WATKINS) 2. 6:00 p.m., Monday, December 19, Conference Room#1 —LEOFF Disability Board Meeting. (MAYOR MIKE GARRISON and COUNCILMEMBER REBECCA FRANCIK) 3. 5:30 p.m., Wednesday, December 21, Roy's Smorgy — Good Roads Association Board Meeting. (COUNCILMEMBER EILEEN CRAWFORD) 4. 7:30 a.m., Thursday, December 22 — Tri-Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER TOM LARSEN) 5. 5:30 p.m., Thursday, December 22, 710 W. Court Street — Community Action Committee Board Meeting. (COUNCILMEMBER EILEEN CRAWFORD,Rep.; JOE JACKSON,Alt.) 6. 7:00 p.m., Thursday, December 22, 800 W. Canal Drive — Benton-Franklin District Board of Health Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS) MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 5, 2005 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Michael Garrison, Mayor. ROLL CALL: Councilmembers present: Robert Hoffmann, Tom Larsen, Joe Jackson, Rebecca Francik, Matt Watkins and Michael Garrison. Eileen Crawford was excused. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; Doug Bramlette, City Engineer; David McDonald, City Planner; Greg Garcia, Fire Chief; and James Chase, Financial Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated November 21, 2005. (b) Bills and Communications: To approve General Claims in the amount of$1,187,792.10 ($74,071.51 being in the form of Wire Transfer Nos. 4434 and 4438 and, $1,113,720.59 consisting of Claim Warrants numbered 151931 through 152109). To approve Payroll Claims in the amount of$1,354,920.97, Voucher Nos. 33836 through 33954; and EFT Deposit Nos. 30007305 through 30007763. (c) 2006 Interlocal Agreement for Emergency Dispatch Services: To approve the 2006 Interlocal Agreement with Franklin County for Emergency Dispatch Services and, further, authorize the Mayor to sign the agreement. (d) Bargaining Contract for Non-Uniformed Police Employees: To approve the Collective Bargaining Agreement with the Pasco Police Officers Association (Non-Uniformed) for 2006 through 2008 and, further, authorize the Mayor to sign the agreement. Removed from Consent Agenda and moved to item 10b — New Business. (e) Bargaining Contract for Public Works and Facilities Maintenance Employees: To approve the Collective Bargaining Agreement with the International Union of Operating Engineers, Local 280 for 2005 through 2007 and, further, authorize the Mayor to sign the agreement. (f) Resolution No. 2916, a Resolution confirming the reappointment of Mary Ramirez as Municipal Court,fudge and regulating the operation of the Pasco Municipal Court. To approve Resolution No. 2916, confirming the Mayor's reappointment of Mary Ramirez as Municipal Court Judge. (g) Resolution No. 2917, a Resolution accepting work performed by Sierra Electric, Inc., under contract for the Court Street & 20th Avenue Traffic Signal Modification Project No. 01-4-02. To approve Resolution No. 2917, accepting the work performed by Sierra Electric, Inc., under contract for the Court Street & 20th Avenue Traffic Signal Modification, Project No. 01-4-02. Removed from Consent Agenda and moved to item 8d —Ordinances and Resolutions. 3(a)A MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 5, 2005 (h) Resolution No. 2918, a Resolution accepting work by Rexius, under contract for the Sun Willows Golf Course Pond Improvement Project. To approve Resolution. No. 2918, accepting the work performed by Rexius, under contract for the Sun Willows Golf Course Pond Improvement Project No. 05-6-02. Removed from Consent Agenda and moved to item 8e— Ordinances and Resolutions. (i) Resolution No. 2919, a Resolution accepting work performed by Watts Construction, Inc., under contract for the Road 64 Water Extension, Project No. 05-2-06. To approve Resolution No. 2919, accepting the work performed by Watts Construction, Inc., under contract for the Road 64 Water Extension, Project No. 05-2-06. (j) Resolution No. 2920, a Resolution accepting work performed by Sierra Electric, Inc., under contract for the 20th Avenue and Pearl Street Traffic Signal, Project No. 02-4- 04. To approve Resolution No. 2920, accepting the work performed by Sierra Electric, Inc., under contract for the 20th Avenue and Pearl Street Traffic Signal, Project No. 02-4-04. (k) Resolution No. 2921, a Resolution accepting work performed by Transtate Paving Company under contract for the 2004 Overlays Project No. 04-3-01. To approve Resolution No. 2921, accepting the work performed by Transtate Paving Company under contract for the 2004 Overlays, Project No. 04-3-01. (1) Resolution No. 2922, a Resolution accepting work performed by Sharpe & Preszler, Inc., under contract for the Main Avenue Storm Water Project No. 04-8-01. To approve Resolution No. 2922, accepting the work performed by Sharpe & Preszler, Inc., under contract for the Main Avenue Storm Water, Project No. 04-8-01. MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Due to technical (electronic) difficulties, this item was moved after MISCELLANEOUS DISCUSSION. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3745, an Ordinance of the City of Pasco, Washington, amending the Zoning Classification of certain real property located in the Southwest 1/4 of the Southeast 1/a of Section 28, Township 9 North, Range 30 East, from R-T (Residential Transition) to C-1 (Retail Business). Ms. Francik noted a possible conflict of interest and recused herself from this item. MOTION: Mr. Watkins moved to adopt Ordinance No. 3745, granting a rezone in Section 28 of T9N, R30E from R-T to C-1 as recommended by the Planning Commission and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried, with one abstention. Resolution No. 2923, a Resolution approving an Interlocal Agreement between Franklin County and the cities located in Franklin County in providing for local homeless housing and assistance programs/plans. MOTION: Ms. Francik moved to approve Resolution No. 2923, approving an Interlocal Agreement with Franklin County and other cities regarding local homeless housing programs/plans. Mr. Jackson seconded. Motion carried. No —Hoffmann. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 5, 2005 Resolution No. 29249 a Resolution approving an Assignment Agreement and authorizing the City Manager to execute all documents necessary to effect the purchase of a 5.95 acre vacant property fronting on East Lewis Street. Ms. Francik noted a possible conflict of interest and recused herself from this item. MOTION: Mr. Watkins moved to approve Resolution No. 2924, authorizing approval of an Assignment Agreement for the purchase of a 5.95 acre parcel fronting on East Lewis Street. Mr. Jackson seconded. Motion carried, with one abstention. No—Larsen. Resolution No.2917, a Resolution accepting work performed by Sierra Electric, Inc., under contract for the Court Street & 20th Avenue Traffic Signal Modification Project No. 01-4-02. MOTION: Mr. Watkins moved to approve Resolution No. 2917, accepting the work performed by Sierra Electric, Inc., under contract for the Court Street & 20th Avenue Traffic Signal Modification, Project No. 01-4-02. Mr. Jackson seconded. Motion carried. Resolution No. 2918, a Resolution accepting work by Rexius, under contract for the Sun Willows Golf Course Pond Improvement Project. MOTION: Mr. Watkins moved to approve Resolution No. 2918, accepting the work performed by Rexius, under contract for the Sun Willows Golf Course Pond Improvement Project No. 05- 6-02. Mr. Jackson seconded. Motion carried. NEW BUSINESS: Acceptance of Sewer Line Easement: MOTION: Ms. Francik moved to authorize the City Manager to execute acceptance of a Sewer Line Easement from Mr. E. A. Curtis allowing the city to construct, operate and maintain a sewer service line for the Park Maintenance and Cemetery Buildings, Mr. Jackson seconded. Motion carried. Bargaining Contract for Non-Uniformed Police Employees: MOTION: Ms. Francik moved to approve the Collective Bargaining Agreement with the Pasco Police Officers Association (Non-Uniformed) for 2006 through 2008 and, further, authorize the Mayor to sign the agreement. Mr. Jackson seconded. Motion carried. MISCELLANEOUS DISCUSSION: MOTION: Ms. Francik moved to table the Bid Rejection motion on November 21, 2005 pertaining to the SR 395/Court St. Pedestrian Overpass Project until December 10, 2005. Mr. Jackson seconded. Motion carried. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 2006 Annual Operating and Capital Improvements Projects Budget: Ordinance No. 3743, an Ordinance adopting the City of Pasco Operating Budget for the Year 2006. MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE 2006 OPERATING BUDGET. FOLLOWING THREE CALLS FROM MAYOR GARRISON FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE BEING NONE,THE PUBLIC HEARING WAS DECLARED CLOSED. MOTION: Ms. Francik moved for the First reading by title only of Ordinance No. 3743, for consideration of the 2006 Annual Operating Budget. Mr. Jackson seconded. Motion carried 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 5, 2005 Ordinance No. 3744, an Ordinance adopting the City of Pasco Capital Projects Budget for the Year 2006. MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE 2006 CAPITAL PROJECTS BUDGET. FOLLOWING THREE CALLS FROM MAYOR GARRISON FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE BEING NONE,THE PUBLIC HEARING WAS DECLARED CLOSED. MOTION: Ms. Francik moved for the first reading by title only of Ordinance No. 3744, for consideration of the 2006 Capital Projects Budget. Mr. Jackson seconded. Motion carried. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:47 p.m. APPROVED: ATTEST: Michael L. Garrison, Mayor Webster U. Jackson, City Clerk PASSED and APPROVED this 19th day of December, 2005 4 CITY OF PASCO Council Meeting of: December 19, 2005 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the undersigned ereby certify under penalty of penury that the materials have been furnished,the serviceffe" the la or performed as described herein and that the claim is a just,due and unpaid obligat city d that we are authorized to authenticate and to sai Gary.CrdMfield, ity Ma ager James W. se, Finance Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 4450 and 4455 in the amount of$90,866.40, have been authorized;that Check No.s 152110 through 152305 are approved for payment in the amount of$1,909,381.88,for a combined total of$2,000,248.28 on this 19th day of December,2005. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 777.15 Judicial 13,979.65 Executive 3,618.81 Police 122,922.25 Fire 15,568.41 Administration&Community Services 61,289.53 Community Development 413.62 Engineering 1,682.86 Non-Departmental 46,590.48 Library 1,782.95 TOTAL GENERAL FUND: 268,625.71 STREET 739,287.29 C. D. BLOCK GRANT 8,180.74 KING COMMUNITY CENTER 4,494.88 AMBULANCE SERVICE 17,557.37 CEMETERY 5,881.32 ATHLETIC PROGRAMS 4.50 SENIOR CENTER 9,632.42 MULTI MODAL FACILITY 1,729.57 RIVERSHORE TRAIL& MARINA MAIN 120.21 LITTER CONTROL 1,900.84 REVOLVING ABATEMENT 758.00 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 5,495.29 SUN WILLOWS RESIDENTIAL DEVELOPMENT 3,071.90 METRO DRUG TASK FORCE 4,178.64 METRO DRUG FORFEITURE FUND 257.48 GENERAL CONSTRUCTION 63,374.30 WATER/SEW ER 700,048.82 EQUIPMENT RENTAL- OPERATING 11,456.61 EQUIPMENT RENTAL-REPLACEMENT 336.96 MEDICAUDENTAL INSURANCE 121,136.48 CENTRAL STORES 187.35 FIRE PENSIONS 0.00 PAYROLL CLEARING 32,527.62 LID CONSTRUCTION 3.98 GRAND TOTAL ALL FUNDS: $ 2,000,248.28 3(b).1 AGENDA REPORT FOR: City Council DATE: 12/15/2005 TO: Gary Crutch el anager REGULAR: 12/1912005 Stan S bel n strative&Community Services Director FROM: JimlCha, inapce Manager SUBJECT: BA&D T WRITE-OFF'S/COLLECTION. I. REFERENCE n: Write-off and collection lists are on file in the Finance Department. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing,ambulance, Municipal Court non- criminal, criminal and parking and cemetery accounts receivable in the total amount of $140,158.51,and,of that amount, authorize$105,271.32 be turned over for collection, III. HISTORY AND FACTS BRIEF: I. UTILITY BILLING- These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address, or are accounts in"occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE -These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off s including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines,and parking violations over 30 days past due. 4. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-ofd's Utility Billing $ 50.36 .00 50.36 Ambulance $ 34,836.83 .00 34,836.83 Court A/R $ .00 102,916.00 102,916.00 Cemetery $ .00 2,355.32 2,355.32 TOTAL: $ 34,887.19 105,271.32 140,158.51 IV. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT NO. FOR: City Council DATE: December 6, 2005 WORKSHOP: 12-12-05 TO: Gary Crutchfi Manager REGULAR: 12-19-05 r ; FROM: Richard J. Smith, Director `J Community & Economic Development Cruz R. Gonzalez, Urban Development Coordinator _ _f SUBJECT: Amendment to the 2005 Annual Action Plan ` I. REFERENCE(SL: 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 51h 8s 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-far-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 51h 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(c) Reference A U.S.Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.8131/2005) 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: Corner of 5th and Ainsworth, Pasco, WA Objective Number Project ID LMH 003 Funding Sources: HUD Matrix Code CDBG Citation CDBG .................................................................. 01 Acquisition of Real 570.201(a) ESG Property HOME -502000 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 .................................... 12/20/2005 Other Funding— Performance Indicator Annual Units Revolving Loan Fund .................................................................. 10 Housing Units 2 Total 50,000 ................................................................... Local ID Units Upon Completion The primary purpose of the project is to helpf—Ithe Homeless❑Persons with HN/AIDSOPersons with Disabilities EIPublic Housing heeds 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 813/05 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 12/19: MOTION: 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"' celebration at TRAC in July 2005. The expanded version of the celebration provided a four-dav 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 $27,000 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"' 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(d) a 0(d4th Franklin County Administrators Office• 1016 N. Fourth,Pasco,WA. 99301-3706 • (509)545-3578 (509)545-3573 fax August 3, 2005 Pasco C1 Council 525 N. 3 Avenue Pasco, WA 99301 Re: Grand Old 41h Dear Council Members: I appreciate the opportunity to work with Paul Whitemarsh, Allison Matthews and other city employees during the development and implementation of the Grand Old 4`h. I 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, �FD o.Zt - Fred H. Bowen County Administrator Enclosures {4} cc: Gary Crutchfield, City Manager Stan Strebel, Director Paul Whitemarsh, Recreation Services Manager `Red th GrandOld4 oonit. 1 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. f 1<t 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 41,at the Trade Recreation Agricultural Center(TRAC). APPROVED this 24th day of October 2005. BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY,WASHINGTON rank H.ZBrock, Chair Attest: N rkru hair Pro Tem Clerk to 46 Board o 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 AGREEMFNT 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 1st 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. JABOWEN\Grand Old 4th 20061City County Interlocal.doc 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. S. 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. J:IBOWEN\Grand Old 4th 2W61City 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. JABOWEN\Grand Old 4th 20061City County lnterlocal.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 b&�j 2005. BOARD OF COUNTY COMMISSIONERS FRANK IN COU TY, WASHINGTON ank H. Brock, Chairman Ne J. ork hairman Pro Tern obert ff. Koch, Member J:IBOWEN\Grand Old 4th 20061City County intedocal.doc 4 ATTEST: Clerk of t1fBoard APPROVED AS TO FORM: 7wq' 0-qz, FranklY Count 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 JABOWEN\Grand Old 4th 2006\City County Interlocal.doc 5 AGENDA REPORT TO: City Council December 6, 2005 FROM: Gary Crutchfi 1 i Manager Regular Mtg.: 12/19/05 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: 12/19 MOTION: I move to authorize expenditure of$1,000 for co-sponsorship of the 2005 First Night Tri-Cities event in Kennewick. 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 iii 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. 3(e) Ca :KI(TRI-CITIES FIRST NIGHT© TRI-CITIES: PART OF A WORLD-WIDE NEW YEAR'S EVE CELEBRATION First Night@ is like no other event in the Tri-Cities I 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 Nights is created by the community as a celebration of the New Year through the arts. The 2005 celebration is our 100' 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 Nigh& originated in Boston in 1976. The concept has grown to over 200 cities across the United States and the world. First Nights 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 XT(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 We 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 Nights 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 throe cities. The First Nights 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 is appreciated. k 1 4410 W. Metaline Ave. Kennewick, WA 99336 tcfirstnight@yahoo.com NOV-22-2005 TUE 02:51 PM MAEKEL BHG FAX N0, 509 735 1440 P. 01 KUM=Z.�.c.K 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 future 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 Tom Powers at(509) 735-6500. Sincerely, James R. Beaver Mayor Cc: Kennewick City Council Bob Hammond, City Manager Tom Powers, First Night President 210 W. 6th Avenue P.O. Box 6108 • Kennewick, WA 99386-0108 (509) 585-4200 • Fax (509) 585-4445 AGENDA REPORT NO. 102 FOR: City Council DATE: 12/ 14/05 TO: Gary Crutchfie i Manager WORKSHOP: Richard J. Smi , Director REGULAR: 12/ 19/05 Community an Economic Development FROM: David I. McDonald, City Planner -^_, ........ SUBJECT: STREET VACATION- A portion of Pueblo St. and Main St. (MF #05-179-V) I. REFERENCE(61. A. Proposed Resolution and Vicinity Map B. Vacation Petition II. ACTION_REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No4227d fixing 7:00 PM, January 17, 2006 as the time and date for a public hearing to consider the proposed vacation. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of property in the 1000 block of Main Street have submitted a petition requesting vacation of Main Street and Pueblo Street abutting their property. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is January 17, 2006. V. DISCUSSION: NONE VI. ADMINISTRATIVE ROUTING: 3(f) RESOLUTION NO. � A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF MAIN STREET AND PUEBLO STREET WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating a portion of Main street and Pueblo Street North of Salt Lake Street, will be held before the City Council of the City of Pasco in the Council Chambers of the City Hall, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on the 17th day of January, 2006. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco this 19"' day of December, 2005. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney VICINIfY MAF I ON OFF GHQ" 01% WAY APPS CAS'; Gerald Clark � I I � R S� SvP�R�O d yo �L P� v �( S � S P�- 0 0 s v�\pA s �_ o f^2.ti' DATE: ��. �-E. EC i" CITY OF PASCO STREET/ALLEY VACATION PETITION I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: S r l Z via, d 11 Cj-., ) APPLICANT: PROPERTY OWNED: fLegat Description) Print Name Sign Name -rW; hi Address f� Phone# Date -,�'7-4 Print Name Sign Name Date Print Name Sign Name Date STREET VACATION APPLICATIONALS AGENDA REPORT NO. 40 FOR: City Council December 12, 2005 TO: Gary Crutchfiel anager Regular Mtg: Dec. 19, 2005 Robert J. Albert, ubl c Works Director r FROM: Doug Bramlette, City Engineer A0 SUBJECT: Accept Road 68 Place/Convention Place & Burden Boulevard Traffic Signal; Project No. 04-4-03 I. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/19: MOTION: I move to approve Resolution# c�- accepting the work performed by Sierra Electric, Inc., under contract for the Road 68 Place/Convention Place &Burden Boulevard Traffic Signal, Project No. 04-4-03. III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: On June 2, 2004 the City Council awarded the Road 68 Place/Convention Place& Burden Boulevard Signal Project#02-4-04 to Sierra Electric in the amount of $144,724.00. The engineers estimate for the project was $172,244.50. The final cost of the contract was $174,522.03. The overage was due to additional work that was completed after the need was identified by citizen's suggestions. This included removing the island at Clemente &Burden to accommodate let turn movements west of the new signal. The additional work was completed within approximately$2000.00 of the original engineers estimate. The work is now complete and staff recommends acceptance of the work. V. ADMINISTRATIVE ROUTING Project File 3(g) RESOLUTION NO. A RESOLUTION ACCEPTING WORK PERFORMED BY SIERRA ELECTRIC, INC. UNDER CONTRACT FOR THE ROAD 68 PLACE/CONVENTION PLACE & BURDEN BOULEVARD TRAFFIC SIGNAL, PROJECT 04-4-03. WHEREAS, the work performed by SIERRA ELECTRIC, INC.,under contract for the ROAD 68 PLACE/CONVENTION PLACE & BURDEN BOULEVARD TRAFFIC SIGNAL, PROJECT# 04-4-03 has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council concurs with Engineering recommendation and thereby accepts the work performed by SIERRA ELECTRIC, INC. under contract for the ROAD 68 PLACE/ CONVENTION PLACE & BURDEN BOULEVARD TRAFFIC SIGNAL, PROJECT# 04-4- 03, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 19"' day of December, 2005. ------------------------------- Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: ------------------------------ -------------------------- Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney GENERAL FUND OPERATING STATEMENT THROUGH NOVEMBER 2005 % OF YTD TOTAL % OF 2005 2005 ANNUAL 2004 2004 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 4,323,884 * 4,300,000 100.6% 3,741,104 4,092,075 91.4% SALES 5,973,141 + 6,000,000 99.6% 5,552,925 7,412,126 74.9% UTILITY 5,174,826 5,240,000 98.8% 4,831,424 5,692,668 84.9% OTHER 717,211 905,000 79.2% 691,850 959,027 72.1% LICENSES &PERMITS 2,183,581 1,059,950 206.0% 2,097,285 2,267,295 92.5% INTERGOV'T REVENUE 1,021,572 764,700 133.6% 1,085,620 1,272,739 85.3% CHARGES FOR SERVICES 1,945,553 2,183,800 89.1% 1,919,283 2,227,929 86.1% FINES& FORFEITS 644,318 700,500 92.0% 647,905 704,355 92.0% MISC. REVENUE 666,188 607,665 109.6% 469,054 666,246 70.4% OTHER FINANCING SOURCES 343,774 96,500 356.2% 164,084 344,809 47.6% TOTAL REVENUES 22,994,048 21,858,115 105.2% 21,200,534 25,639,269 82.7% BEGINNING CASH BALANCE 5,444,071 5,000,000 6,985,714 6,985,714 CHANGE IN RECEIVABLES 2,093,650 0 0 -2,622,277 TOTAL SOURCES 30,531,769 26,858,115 113.7% 28,186,248 30,002,706 93.9% EXPENDITURES: CITY COUNCIL 76,321 95,575 79.9% 97,081 106,851 90.9% MUNICIPAL COURT 731,471 868,745 84.2% 719,360 828,372 86.8% CITY MANAGER 486,972 532,655 91.4% 428,615 478,000 89.7% POLICE 7,172,477 7,814,005 91.8% 6,669,272 7,467,045 89.3% FIRE 2,482,755 3,102,415 80.0% 2,405,654 2,712,082 88.7% ADMIN& COMM SERVICES 3,922,886 3,922,525 100.0% 3,505,777 3,944,541 88.9% COMMUNITY DEVELOPMENT 1,022,239 999,330 102.3% 1,002,200 1,161,131 86.3% ENGINEERING 975,346 918,980 106.1% 782,501 867,919 90.2% MISC, NON-DEPARTMENT 4,056,613 6,088,357 66.6% 3,897,652 6,855,213 56.9% LIBRARY 789,354 797,400 99.0% 655,152 719,901 91.0% TOTAL EXPENDITURES 21,716,434 25,139,987 86.4% 20,163,264 25,141,055 80.2% ADD BACK PAYABLES 384,472 -582,420 ENDING FUND BALANCE 1,718,128 5,444,071 TOTAL EXPEND AND END FUND BAL 26,858,115 30,585,126 AVAILABLE CASH BALANCE 9,199,807 8,022,984 * Governmental entities are now required (2005)to record the total Property Tax Levy at the beginning of the year. + Sales Tax is received from the State 2 months following the sale. The final receipt of sales tax revenue for 2005 will occur in January and February of 2006 but will be included in 2005 revenues at the end of the year. PERCENTAGE OF BUDGET ALLOCATED FOR 11 MONTHS 91.7% • Authorized but non-budget expenditures of 501,720 (cumulative)which will effectively reduce the ending fund balance. 6(b) AGENDA REPORT TO: City Council December 16, 2005 i FROM: . Gary Crutchfi Manager Regular Mtg.: 12/19/05 Workshop Mtg.: 1/9/06 SUBJECT: Franchise Renewal for Cascade Natural Gas Corporation I. REFERENCE(S): 1. Draft Renewal of Franchise Agreement 2. Map of Service Areas (References in Council packets only; copy available in City Manager's Office for public review.) 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/19: CONDUCT PUBLIC HEARING 1/9/06: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The City of Pasco granted Cascade Natural Gas Corporation a 50 year franchise it) 1955, which will expire at the end of 2005. Cascade Gas has extended its gas 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 any approval occur at least five days following.the public hearing. Staff has scheduled a public hearing for the December 19 Council business meeting. V. DISCUSSION: A) The initial draft of a renewal franchise document is provided as reference 1. The applicant will likely request some changes and the city's legal counsel may recommend further changes as well. Staff recommends Council conduct the required public hearing, discuss any concerns raised therein, and provide any direction to staff deemed appropriate by Council for the final drafting of the franchise renewal document. The revised document can be provided for further review/discussion at the next workshop meeting (1/9/06). 7(a) AGENDA REPORT Date December 9, 2005 FOR: City Council Workshop Meeting: December 12, 2005 Regular Meeting: December 19, 2005 TO: Gar Crutchfi it Manager FROM: Jim C in ce 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 H. ACTION REQUESTED OF COUNCILISTAFF 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$1,864,975 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: 1. 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 7(b) 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: §1. 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 P1/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 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 Rd 68 Sewerline Extension 200,000 80,900 280,900 2005 Proc.Water Reuse Facility Irrigation Upgrade 80,000 131,600 211,600 Riverview Mapping/Topo - 102,000 102,000 Rd 64 Water Extension - 108,200 108,200 Rd 32&Court Signal 140,000 12,700 152,700 I-182 Cooridor Traffic Study 88,500 2,300 90,800 West Court Overlay 116,400 23,500 139,900 Broadmoor Boulevard Overlay 33,900 18,300 52,200 Crescent Road Sewer Improvement - 111,800 111,800 Vulnerability Assessment - 63,600 63,600 Butterfield Filter Plant&Raw Water Intake 940,000 61,400 1,001,400 2004 Water Distribution Line Extensions 50,000 46,600 96,600 Road 111 Iririgation Lines 153,400 48,500 201,900 4,873,900 1,864,975 6,738,875 §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 UvIPROVEMENTS 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. $40,000 for increased Overtime Pay, and $115,000 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 4th 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 FUNDS: 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 Services($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$12,000 is required. EQUIPMENT RENTAL—OPERATIONS FUND —GOVERNMENTAL FUNDS An increase in the cost of fuel ($50,000) has 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 $1,864,975. 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& I-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 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 Rd 68 Sewerline Extension 200,000 80,900 280,900 2005 Proc. Water Reuse Facility Irrigation Upgrade 80,000 131,600 211,600 Riverview Mapping/Topo - 102,000 102,000 Rd 64 Water Extension - 108,200 108,200 Rd 32&Court Signal 140,000 12,700 152,700 1-182 Cooridor Traff ic Study 88,500 2,300 90,800 West Court Overlay 116,400 23,500 139,900 Broadmoor Boulevard Overlay 33,900 18,300 52,200 Crescent Road Sewer Improvement - 111,800 111,800 Vulnerability Assessment - 63,600 63,600 Butterfield Filter Plant& Raw Water Intake 940,000 61,400 1,001,400 2004 Water Distribution Line Extensions 50,000 46,600 96,600 Road 111 Iririgation Lines 153,400 48,500 201,900 4,873,900 1,864,975 6,738,875 EXHIBIT 1 2005 BUDGET SUPPLEMENT EXPENDITURES REVENUES GEBERAL FUND: POLICE INVESTIGATIONS 010-210-52121- 512010 Overtime 13,000 PATROL 010-210-52122- 512010 Overtime 180,000 010-210-521.22- 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 3,500 010-210-52150 547040 Electricity 1,000 010-210-52150 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& Mafnt.-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 2,000 180-460-53956- 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 Hotel/Motel 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 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 Rd 68 Sewerline Extension 200,000 80,900 280,900 2005 Proc.Water Reuse Facility Irrigation Upgrade 80,000 131,600 211,600 Riverview Mapping/Topo - 102,000 102,000 Rd 64 Water Extension - 108,200 108,200 Rd 32&Court Signal 140,000 12,700 152,700 1-182 Cooridor Traffic Study 88,500 2,300 90,800 West Court Overlay 116,400 23,500 139,900 Broadmoor Boulevard Overlay 33,900 18,300 52,200 Crescent Road Sewer Improvement - 111,800 111,800 Vulnerability Assessment - 63,600 63,600 Butterfield Filter Plant& Raw Water Intake 940,000 61,400 1,001,400 2004 Water Distribution Line Extensions 50,000 46,600 96,600 Road 111 Iririgation Lines 153,400 48,500 201,900 4,873,900 1,864,975 6,738,875 AGENDA REPORT NO. 100 FOR: City Council DATE: 12/ 14/05 TO: Gary Crutchfi 1 Manager WORKSHOP: Richard J. Smit , rector REGULAR: 12/ 19/05 Community and Economic Development FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION- A portion of N. Wehe (MF #05-162-V) I. REFERENCE(Sh A. Proposed Ordinance and Vicinity Map II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION: I move to adopt Ordinance No. , vacating a portion of North Wehe adjacent Block 32, Highland Park Homes, and further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Property owners in Block 32, Highland Park Homes submitted a petition requesting vacation of a portion of Wehe Street adjacent their property. B. December 19, 2005 was set as the date to hold a hearing to consider the proposed street vacation. V. DISCUSSION: Qwest has asked that an easement be retained in the right-of-way proposed for vacation. The City Engineer has indicated there are no City utilities in the right-of- way proposed for vacation. VI. ADMINISTRATIVE ROUTING: 7(c) ORDINANCE NO. AN ORDINANCE VACATING THE EAST 10 FEET OF WEHE AVENUE LYING ALONG THE WESTERN EDGE OF BLOCK 32, PLAT OF HIGHLAND PARK HOMES. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the east 10 feet of Wehe Avenue between the north right-of-way line of Adelia Street and the south right-of-way line of Broadway as depicted in Exhibit "1" be and the same is hereby vacated. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the vacated right-of-way described in Section 1 above for the construction, repair and maintenance of public utilities and services. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 19'h day of December, 2005. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney VICINIfy m \P I VACAf ON OF FIGHT OF WAY ATOCAM Francisco Magana N # ; O5-162-V W w w r w w 3 3 pq o z z z E BROADWAY ST Park o 0 S E . , ADELIA ST AGENDA REPORT NO. 101 FOR: City Council DATE: 12/14/05 TO: Gary Crutchfie i Manager WORKSHOP: Richard J. Smith, irector REGULAR: 12/19/05 Community and Economic Development FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION- A portion of Rodeo Dr. and Sutherland St. (MF #05-160-V) I. REFERENCE(§ A. Proposed Ordinance and Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION: I move to adopt Ordinance No. , vacating all streets (Rodeo Dr.& Sutherland St.) within Binding Site Plan 2001-04, and further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The property owner of Binding Site Plan 2001-04 submitted a petition requesting vacation of all streets (Rodeo Dr. & Sutherland St.) within said Binding Site Plan. B. December 19, 2005 was set as the date to hold a hearing to consider the proposed street vacation. V. DISCUSSION: Qwest, Cascade gas, and the P.U.D have all stated there is no need for easements to be retained in the right-of-way proposed for vacation. The City Engineer has indicated there are no City utilities in the right-of- way proposed for vacation. VI. ADMINISTRATIVE ROUTING: i 7(d) ORDINANCE NO. AN ORDINANCE VACATING ALL RIGHT-OF-WAY AND EASEMENTS THERETO LYING WITHIN BINDING SITE PLAN 2001-04. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That portions of Rodeo Drive and Sutherland Street being more particularly described as follows: All of Rodeo Drive and all of Sutherland Street and easements thereto lying within Binding Site Plan 2001-04, Records of Franklin County, Washington; as depicted in Exhibit "1" be and the same is hereby vacated. Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 19P day of December, 2005. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney City of Pasco Publish ASAP Please send 2 Affidavits of Publication CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , is an ordinance vacating all right-of-way lying within Binding Site Plan 2001-04 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, P.O. Box 293, Pasco, Washington 99301. Sandy L. Kenworthy, Deputy City Clerk VICINITY MAP ITF M; 5treot Vachon AWL,I CANT'; FacLand/ PNF FIL� # ; 05-160-V PENOER DR TOWER _ r ■ c�IC oI: ■ Y ■ ;ALIANO OR �"� ■ I PTJ, f r■■M��MY�� WRiGIFY OR o - WRI Y D WRIGLEY DRIVE J 2 TUSCANY PLAZA (D ANK THETIS DR Q Q � -14—rte_ I EBB D I _ a WA. -M ?T R SUp�p C�N�� YOK1;5 FENWAY DR STREE S TO BE VACATE RODEO DR CL z 0 AW01-5UIT1 5 o �Hoft v H M 00 x,� CUB J AGENDA REPORT Pt FOR: City Council Regular Meeting: December 19, 2005 TO: Gary Crutchfi Manager Stan trebel, in. Community Services Director FROM: Jim Ch �, Finance Manager SUBJECT: 2006 A NUAL OPERATING AND CAPITAL IMPROVEMENTS PROJECTS BUDGETS. I. REFERENCE(S): A) Proposed 2006 Annual Operating Budget Ordinance. B) Proposed 2006 Capital Projects Budget Ordinance. II. ACTION REQUESTED OF COUNCILlSTAFF RECOMMENDATION: A. MOTION: I move to adopt Ordinance No. 3743, adopting the 2006 Annual Operating Budget and to authorize the publication by summary only. B. MOTION: I move to adopt Ordinance No. 3744, adopting the 2006 Capital Projects Budget and to authorize the publication by summary only. III. FISCAL IMPACT: A) $ 90,844,181 - Annual Operating Budget, B) $ 17,023,000 -Net Increase to Capital Projects Authority. IV. HISTORY AND FACTS BRIEF: The 2006 Preliminary Budget was discussed at the Council workshop meeting held on November 9, 2005. General Fund Revenues and Expenditures were discussed and each department head gave a briefing and answered questions regarding their respective operating and capital projects budgets. A copy of the 2006 Preliminary Budget document is available for review at the Pasco Public Library. The document is also available for viewing and printing from the City's internet site at www.ci.pasco.wa.us under Pasco Publications. V. DISCUSSION: Some corrections needing to be made to the Operating Budget were discovered at the workshop meeting and several others were discovered later. Corrections to Revenues include the following: General Fund— Reflect an additional Transfer-In from the Boulevard Maintenance Fund. - $50,000 This is to reimburse the General Fund for maintenance expenditures. Arterial Street Fund— Additional Transfers-In from the General Fund for the Rd 26 to Rd 28 Improvement Project- $265,000 Correction to reduce amount shown in Roadway Grant Revenue—($290,000) Increase Beginning Fund Balance to reflect additional Grant$'s to be received in 2005 - $500,000 Cemetery Fund— Should reflect an additional Transfers-In- $1,700 Cemetery Pre-Need Trust Fund—Beginning Balance should be set at $30,000 8(a) Corrections to Expenditures include the following: General Fund - Various departments City Council - Correct Council Salaries and Wages - $8,100 City Manager-Reduce Management Assistant from 1 X00 to 0.50 FTE's on the personnel summary Police Department— Typographical error in Telephone line item in Records Division- $18,000 Increase Police Service Specialist position in the personnel summary from 4 to 5 FTE's Administration& Community Services— Facilities Division - Increase in Salaries and Wages due to Overtime increase of$12,000 Increase in Salaries and Wages and Benefits due to Groundsman I position originally shown in the personnel summary as 0.5 to 1.00 FTE - $28,775 Reduce Chief Groundsman position from 1.50 to 1.00 FTE Increase Groundsman I/Facility Maintenance position from 7.00 to 7.50 FTE's Administrative Services Manager from 1.00 to 0.50 FTE Non-Departmental— Correct Operating Transfers-Out for Rd 26 to Rd 28 Improvement Project$265,000 Cemetery Fund— Reduce Chief Groundsman from 0.50 to 0.00 FTE in the personnel summary Add Groundsman I at 0.50 FTE Litter Abatement Fund— Budget$5,000 for Abatement expenditures (the same amount as 2005) i ORDINANCE NO. 3743 AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE YEAR 2006. WHEREAS, subsequent to due notice and public hearing thereon,the City Council of the City of Pasco has approved an operating budget for the year 2006; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON DO ORDAIN AS FOLLOWS: Section One. The following budget containing the totals set forth for each fund for the year 2006 is hereby adopted FUND EXPENDITURE REVENUE GENERAL FUND $ 30,617,610 $ 30,617,610 CITY STREET FUND 1,363,000 1,363,000 ARTERIAL STREET FUND 5,333,600 5,333,600 1-182 CORRIDOR TRAFFIC IMPACT FUND 61,100 61,100 STREET OVERLAY FUND 1,654,000 1,654,000 BLOCK GRANT FUND 886,000 886,000 KING COMMUNITY CENTER FUND 123,700 123,700 AMBULANCE SERVICE FUND 1,676,200 1,676,200 CONTINGENCY FUND 174,644 174,644 CEMETERY FUND 254,800 254,800 ATHLETIC PROGRAMS FUND 143,500 143,500 SENIOR CENTER FUND 228,400 228,400 MULTI-MODAL FACILITY FUND 51,600 51,600 BI-CENTENIAL FUND , 5,350 5,350 RIVERSHORE TRAIL& MARINA MAINTENANCE FUND 30,800 30,800 SPECIAL LODGING ASSESSMENT FUND 190,000 190,000 LITTER ABATEMENT FUND 14,100 14,100 REVOLVING ABATEMENT FUND 199,000 199,000 TRAC DEVELOPMENT&OPERATING FUND 255,500 255,500 PARK FUND 2,004,200 2,004,200 CAPITAL IMPROVEMENT FUND 3,150,000 3,150,000 INDUSTRIAL INFRASTRUCTURE FUND 1,080,000 1,080,000 STADIUMICONVENTION CENTER FUND 232,100 232,100 1999 G.O. BOND FIRE/LIBRARY FUND 251,000 251,000 2002 G.O. REFUNDING BOND FUND 560,000 560,000 WATER/SEWER FUND 29,668,205 29,668,205 EQUIPMENT RENTAL-OPERATIONS FUND 724,280 724,280 EQUIPMENT RENTAL- REPLACEMENT FUND 1,655,792 1,655,792 MEDICAL/DENTAL INSURANCE,FUND 2,731,000 2,731,000 CENTRAL STORES FUND 25,000 25,000 CEMETERYTRUST FUND 319,000 319,000 CEMETERY PRE-NEED TRUST 38,200 38,200 BOULEVARD PERPETUAL MAINTENANCE FUND 246,000 246,000 FIRE PENSION FUND 3,683,000 3,683,000 LANDFILL REMEDIATION FUND 8,000 8,000 L.I.D. GUARANTY FUND 1,205,500 1,205,500 GRAND TOTAL ALL FUNDS $ 90,844,181 $ 90,844,181 Section Two. This Ordinance shall be in full force and effect on January 1,2006. PASSED by the City Council of the City of Pasco this 19th day of December,2005. ATTEST: MICHAEL GARRISON, MAYOR WEBSTER JACKSON,CITY CLERK APPROVED AS TO FORM: LELAND B. KERR, CITY ATTORNEY ORDINANCE NO. 3744 e AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE YEAR 2006. WHEREAS,subsequent to due notice and public hearing thereon,the City Council of the City of Pasco has approved the following Capital Projects Budget for the year 2006;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section One. That capital projects are hereby authorized as detailed below. The following schedule summarizes(1)newly authorized projects, (2)previously authorized projects which have had authorization increased and (3)previously authorized projects which have had authorization decreased. INCREASE TOTAL PREVIOUS (DECREASE) NEW PROJECT CAPITAL PROJECTS: AUTHORITY AUTHORITY PROJECT AUTHORITY FIRE HYDRANTS REPLACEMENT $ 0 $ 0 250,000 $ 250,000 NEW FIRE ENGINE 0 0 270,000 270,000 FIRE VEHICLE STORANGE AREA 0 0 320,000 320,000 N BURDEN NEIGHBORHOOD PARK 0 0 190,000 190,000 CASA DEL SOL NEIGHBORHOOD PARK 0 0 232,000 232,000 VOLUNTEER PARK 0 0 150,000 150,000 ANNUAL OVERLAY AND CRACK SEAL PROJECTS 0 0 600,000 600,000 BURDEN BLVD PUD UNDERGROUNDING 0 0 236,000 236,000 BURDEN BLVD WIDENING 0 0 200,000 200,000 COMMERCIAL AVENUE RECONSTRUCTION 0 0 200,000 200,000 LEWIS STREETP'A"STREET CONNECTOR(TRK ROUTE) 0 0 600,000 600,000 LEWIS STREET OVERPASS 0 0 100,000 100,000 MISCELLANEOUS STREET IMPROVEMENTS 0 0 50,000 50,000 MISCELLANEOUS TRAFFIC SIGNAL IMPROVEMENTS 0 0 100,000 100,000 ROAD 100&1-182 RAMPS&SIGNAL 0 0 2,700,000 2,700,000 ROAD 28/ROAD 26 IMPROVEMENTS 0 0 265,000 265,000 ROAD 68&COURT STR TRAFFIC SIGNAL 0 0 160,000 160,000 ROAD 68&1-182 IMPROVEMENTS 0 0 400,000 400,000 ROAD 68 WIDENING-WEST SIDE(RODEO TO BURDEN) 0 0 100,000 100,000 ROAD 68&WRIGLEY DRIVE TRAFFIC SIGNAL 0 0 160,000 160,000 STREET SIGN REPLACEMENT-CITY WIDE 0 0 150,000 150,000 PROCESS WATER IRRIGATION EXPANSION 0 0 200,000 200,000 PROCESS WATER IRRIGATION UPGRADE 0 0 80,000 80,000 MISC SEWER IMPROVEMENTS 0 0 50,000 50,000 ROAD 88 SEWER EXTENSION 0 0 11100,000 1,100,000 SEWER LINE EXTENSIONS 0 0 300,000 300,000 SEWER LINE REPLACEMENT 0 0 400,000 400,000 MISCELLANEOUS STORMWATER IMPROVEMENTS 0 0 55,000 55,000 STORMWATER COMPLIANCE 0 0 75,000 75,000 IRRIGATION SYSTEM IMPROVEMENTS 0 0 500,000 500,000 MISCELLANEIOUS WATER IMPROVEMENTS 0 0 50,000 50,000 RAW WATER PIPELINE REPLACEMENT 0 0 500,000 500,000 REPLACEMENT OF AC WATERPIPE 0 0 700,000 700,000 WATER DISTRIBUTION LINE EXTENSIONS 0 0 200,000 200,000 WATER FILTRATION PLANT IMRPOVEMENTS 0 0 230,000 230,000 WATER METER REPLACEMENTICROSS CONNECTION 0 0 120,000 120,000 AIRPORT FIRE STATION 500,000 100,000 0 600,000 4TH AVENUE GATEWAY 60,000 0 0 60,000 EAST LEWIS STREET COORIDOR-PHASE 2 430,000 130,000 0 560,000 CITIZEN ACCESS INTERNET IMPROVEMENTS 89,000 0 0 89,000 SACAGEWEA TRAIL&LEVEE LOWERING PHASE 2 500,000 400,000 0 900,000 AINSWORTH RAILROAD CROSSING 1,000,000 0 0 1,000,000 BROADMOOR BLVDISANDIFUR IMPROVEMENTS 75,000 0 0 75,000 BURDEN BOULEVARD WIDENING 200,000 0 0 200,000 COMMERCIAL AVENUE RECONSTRUCTION 200,000 0 0 200,000 LEWIS STREET OVERPASS DESIGN 20,000 0 0 20,000 ROAD 1001 CHAPEL HILL SIGNAL 160,000 0 0 160,000 SACAJAWEA PARK ROAD 400,000 0 400,000 EAST ROAD 40 SEWER EXTENSION 400,000 0 0 400,000 PEARL STREET LIFT STATION 200,000 0 0 200,000 WASTEWATER TREATMENT PLANT EXPANSION 200,000 3,400,000 0 3,600,000 ROAD 34 TO A STREET WATER LINE LOOP 900,000 (200,000) 0 700,000 ROAD 68 RESERVOIR IMPROVEMENTS 250,000 0 0 250,000 ROAD 68 RESERVOIR PAINTING 300,000 0 0 300,000 NEW RESERVOIR AT ROAD 68 2,800,000 1,200,000 0 4,000,000 TOTAL $ 8,684,000 $ 5,030,000 $ 11,993,000 $ 25,707,000 Section Two. This Ordinance shall be in full force and effect on January 1,2006. PASSED by the City Council of the City of Pasco this 19th day of December,2005. MICHAEL GARRISON,MAYOR ATTEST: WEBSTER JACKSON,CITY CLERK APPROVED AS TO FORM: LELAND B.KERR,CITY ATTORNEY AGENDA REPORT NO. 45 FOR: City Council DATE: 12/13/05 TO: Gary Crutchfi 4"Y Manager Regular Meeting: 12/19/05 FROM: Robert J. Albe*,ablic Works Director SUBJECT: Parking Ordinance Revision I. REFERENCE(S): I. Map 2. Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/19: MOTION: I move to adopt Ordinance No. ,amending Section 10.56080 adding parking restrictions,and to authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: This ordinance amends Section 10.56 080 (Schedule III, 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—20th 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 Sandifer 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 Sandifur 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; Wrigley Drive—Road 76 to Clemente Lane No Parking on North Side Only Sandifur Blvd. —Robert Wayne Drive to Road 60; V. ADMINISTRATIVE ROUTING Project File 8(b) Ei17L � � ♦ �►d'►� ICS OWN ■■m - +� 111"111■�■■Ii*i� � long Orm �, �t IL"'�.. ■111 �■��1■ ■.x.... 11/il�■■�■■■� Hill 1111111 . MEMO T 1111111 ��"��► "1111 � i�l`'.��t u■1 liiii; E�II ll / _.IIY� 1111 • 1111��� t j � Illlllll: ' � �Nill ,1 Mill 1 ORDINANCE NO. AN ORDINANCE prohibiting parking on various arterial streets and amending Section 10.56.080 of the Pasco Municipal Code. WHEREAS, the Public Works Director has determined that it is necessary for public safety to prohibit parking on various arterial streets; Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 10.56,080 of the Pasco Municipal Code is amended to add the following underlined language and read as follows: 10.56.080 SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS. In accordance with Section 10.56.030, and when signs are erected giving notice thereof, no person shall at anytime park a vehicle upon any of the following described streets or parts of streets: "A" Street - both sides of the street from Elm Avenue to SR-12; "A" Street (from Ninth Avenue to Eleventh Avenue) both sides of street; "A" Street - From Main Avenue to Beech Avenue; "A" Street - Three hundred feet west of 4th Avenue to three hundred feet east of 4th Avenue; "A" Street - On both sides from 20th Avenue to a point two hundred fifty feet west of 20th Avenue; Agate Street -Between Fourth and Fifth Avenues; Argent Road-20`" Ave to Road 44. Autoplex Way-From Court Street south to 160 feet north of Marie Street; Bonneville Street - the south side of Bonneville Street from a point 150 feet east of the east curb line of 10th Avenue to the east curb line of 10th Avenue; Broadmoor Blvd. -FCID canal to Nottingham Drive; Burden Blvd. -Road 76 to Road 36; Chapel Hill Blvd. -Road 68 to Saratoga e, Chapel Hill Blvd. -Broadmoor Blvd. to Road 84; Clark Street (from Ninth Avenue to Eleventh Avenue) both sides of street; Clemente Lane-Burden Blvd. to Wrigley Drive; Commercial Avenue- both sides from Hillsboro Avenue south 1 mile; Court Street - From Fourth Avenue west to State Highway 12 (the By-Pass Highway); Fourth Avenue - East side from Shoshone Street to Court Street; and on the west side from Shoshone Street to one hundred twenty-five feet north of vacated Park Street and from one hundred fifteen feet north of Octave Street to Court Street; Fourth Avenue - On the east side from Sylvester Street north one hundred forty feet; and on the west side from Sylvester Street north two hundred feet; Fifth Avenue (west side) Park to Octave; 1 i North Fourth Avenue - Between Court and Ruby Streets; Hillsboro Street and Commercial Avenue - both sides of Hillsboro Street from a point 100 feet east of the center line of Commercial Avenue to SR 395, and on both sides of Commercial Avenue from a point 100 feet south of the center line of Hillsboro to Hillsboro; Jay Street - North side from the east curb line of Road 22 to a point 50 feet west of the east curb line of Road 22; Lewis Street -From First Avenue to seventy feet east; Lewis Street- Ninth Avenue to Eleventh Avenue; Lewis Street - North side of Lewis Street from the east curb line of Seventh Avenue to a point one hundred thirty-five feet east; Lewis Street - South side of Lewis Street, from one hundred fifty feet east of the center line of First Street running easterly a distance of one hundred sixty-five feet; Lewis Street (east) - On both sides from Wehe Avenue east to Cedar Avenue; Lewis Street (east) -On both sides from Oregon Avenue east to Wehe Avenue; Octave Street - the south side of Octave Street from 1 point 280 feet east of the east curb line of Road 34 to a point 420 feet east of the east curb line of Road 34; Oregon Avenue between "A" Street and Ainsworth Avenue; Oregon Avenue—Hagerman Street to James Street; Road 22 - East side from the north curb line of Jay Street to a point 50 feet south of the north curb line of Jay Street; Road 34 - No parking on both sides of the street from Henry Street to Court Street; Road 36 - Both sides of the street from its intersection with Argent Place to a point 1200 feet north of Argent Place; Road 36 — Burden Blvd. to 200' south of Meadow Beauty Drive; Road 44 — West side from Desert Street to Burden Blvd; 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 —FCID canal North to City Limits Road 68— 1-182 to Sandifur Blvd.; Road 100—Court Street to FCID canal; Rodeo Drive—Road 68 to Convention Place; Ruby Street - Between Fourth and Fifth Avenue; Sandifur Blvd. —Broadmoor Blvd. to Robert Wayne Drive; Sandifur Blvd. —(North Side) Robert Wayne Drive to Road 60; Sandifur Blvd. —Road 60 to Road 62; Shoshone Street - 22nd Avenue to 23rd Avenue; Sun Willows Blvd - both sides of the street from its intersection with 20th Avenue to its eastern terminus; Sylvester Street -From the east line of Twentieth Avenue to a point 290 feet east thereof; Tenth Avenue - ("B" Street to "A" Street) both sides of street; Tenth Avenue - (From "B" Street to and including the Inter-City Bridge; Tenth Avenue- (from Lewis Street to Clark Street) both sides of street; 2 Third Avenue - On the west side from a point five hundred seventy-five feet north of Margaret Street to a point six hundred fifty feet north of Margaret Street; Twentieth Avenue - From Lewis Street to Argent Road except on the east side of 20" Avenue only from a point one hundred seventy feet south of Hopkins Street to Lewis Street. Wrigley Drive -Road 76 to Clemente Lane; Road 26 - Both sides of Road 26, from a point 120 feet south of the south curb line of Court Street on the east side and 245 feet south of Court Street on the west side, to 250 feet north of the north curbline of Court Street. (Ord. 3694 Sec 1, 2004; Ord. 3668 Sec 1, 2004; Ord. 3619 Sec 1, 2003; Ord. 3549 Sec. 1, 2002; Ord. 3176 Sec. 1, 1996; Ord. 2969, Sec. 1, 1993; Ord. 2964, See. 1, 1993; Ord. 2930 Sec. 1, 1993; Ord. 2918 Sec. 1, 1993; Ord, 2898 Sec. 1, 1992; Ord. 2895 Sec. 1, 1992; Ord. 2888 Sec, I, 1992; Ord. 2832 Sec. 1, 1991; Ord. 2812 Sec. 1, 1991; Ord. 2748 Sec. 1, 1989; Ord. 2747 Sec. 1, 1989; Ord. 2732 Sec. 1, 1989; Ord. 2720 Sec. 1, 1989; Ord. 2698 Sec. 1, 1988; Ord. 2657 Sec. 1, 1987; Ord, 2656 Sec. 1, 1987; Ord. 2655 Sec. 1, 1987; Ord. 2654 Sec. 1, 1987; Ord. 2645 Sec. 1, 1987; Ord. 2615 Sec. 1, 1986; Ord. 2614 Sec. 1, 1986; Ord. 2571 Sec. 1, 1985; Ord. 2534 Sec. 1, 1985; Ord. 2496 Sec. 1, 1984; Ord. 2433 Sec. 1, 1983; Ord. 2407 Sec. 1, 1982; Ord. 2403 Sec. 1, 1982; Ord. 2354 Sec. 1, 1982; Ord. 2207 Sec. 1, 1980; Ord. 2197 Sec. 1, 1980; Ord. 2131 Sec. 1, 1980; Ord. 2108 See. 1, 1979; Ord. 2058 Sec. 1, 1979; Ord. 1999 Sec. 4, 1978; Ord. 1943 Sec. 1, 1978; Ord. 1939 Sec. 1, 1978; Ord. 1808 Sec. 1, 1976; prior code Sec. 8-42.12.) Section 2. This Ordinance shall take full force and effect five (5) days after its approval. passage &publication required by law. PASSED by the City Council of the City of Pasco, Washington and approved as provided by taw this 191h day of December, 2005. Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney 3 CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. is an ordinance amending section 10.56.080 entitled "Schedule III—Parking prohibited at all times on certain streets" of the Pasco Municipal Code to prohibit parking on various arterial streets. 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, WA 99301. Sandy Kenworthy, Deputy City Clerk 4 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 S�tr '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 12119: 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. I11. FISCAL IMPACT: N/A 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. S(c) 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 TO: City Council December 6, 2005 FROM: Gary Crutch 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. 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/12: DISCUSSION 12/19: MOTION: I move to adopt Ordinance No. , providing a cost-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 cost-of-living adjustment in the management salary plan for year 2006 and, further, to authorize publication by summary only. I1Q. FISCAL IMPACT: 1. 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. 8(d) 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 19th day of December, 2005. Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: Webster U. Jackson, City Clerk Leland B. Kerr, City Attorney :.o X x w X = r h 0 7 m N o co co'? O C+7 N O OOD n W N O C of O h O) W h I{n{ 00 Oi O CV cG O O go LO A N M q m h r M a CND W N C3 C5 r CA N QQE N N ai m m M M M V� V a w t0 to W) m tD O J O Oho 7 N r W O uj O t{m7 AO CD O N N t!7 co r tr CO O D N a0 CO m O! O N U r N N N N N N co N N M M CO M •C N h m tD m O M O h co O 0) O N N 60 O t0 h .- t0 r to r O LO A co O N r er oD N L6 (O C6 Oi O r 3 r N N N N N N N N M M M cli m M CL p t00• O M N r M N CAD r O ad 0 CAD Opi• t2 v h n Do rn rn cli N N C-i C6 N N N N N M M m y O C h 0 In n M h N N N N O N u07 tp O C O a m h h m (77 to N N N CQ N N N N 0 M [N7 N t ti y m a r CCn A O mh r et M A U3 to h A h Go CO CO O�+i u3 o v m m A m ao of ,- V r N N N N N N N N CO+S Cri C h M W O 'm A r 0o m h r O CO m v 0 CD v 11 Y h O CR M v7 r N 0� O N 3 OM fpwto co mm N N N N N N N N Cl) N to n O M m O 'V; tD 7 OAD m cAD n N a tp O M m co CO h co m O r N C'7 t0 co OD m O N r r r �"• �" N N N N N N N N N M h 01 N CA O h 0 Ci h 0 N O Y M N A aD O O — to t0 co h m � � r r ,•- r r r N N N N N N N N N M P7 a CL m t0 m O m Co N LO h h A m M �.. Cy N OD O h O M h m W O tT A CO m N M � C'7 Ln t0 t!7 A A A G7 C) N v i0 n. m 6) N N N N N N to r COD h W ems- � Cp O M N m Lq Ci O A m Cn M (77 N to m tD h h O N N N N N N N N N CL p to .�- aa m O O m A m M O N N t0 to m M m 0 CO N r tp h CD r N M U O N a m CO fD A O O N N N N N N N N 2 r � M N Um OCD O Ci ttp - tA0 a W t00 V. N O 1p co COO n (n 01 N V Y CD O EO tb O O O C7 7 LO CD n r r N N N N N N N Q. m t0 h to M m cm to CD J t O 0) N to A O M — m r C01t (n W N `� M - m 0 CO t0 O 01 O N Ci to r N N N N N N N O) O V' N M m m 0 CD 0 n 0 0 0 0 0 f0 CO m CD tp m CO m T O 07 07 r7 h h M N N N N N V' m r N N M M M N N M M M 7 �t tt' 7 Y 'Q th �t '7 7 a Q '•t t0 tf) >n tD 117 N t0 m m CO t0 m CD W CO t0 U O C t6 C .0 l4 ai V ;6 C y0 CD _ a N O ' C C C U U d C _ O In V O O U ^ O? w R m t6 m �' r O ° a z, w N ,� c 0 Fj N c c w C-3 N m in c y n r w ui N v aci U a cu -a t6 H r m in H a o o d C a�i y �' N a�i d U) L h to U �''2 ;a a> y m Z' to ?? E > m Z' w Q rV y c D 'C'i c w c �° 0 n E c .5 y ai 3 5Q w EZ UtoU `° F U � ° m d F n `° ❑ m to — >' o .0 U o o 033 � F- Z rU C vtn r y p : � U ycnU �UQ cQ ncCo o c [n C p C tU O U U 27 Qt OI C N L O C Cp .1. 3 0. O O C i11 W C E -2 to U 0 o N �' U o a�i .c U c E > m .o m E c 6 > 9 V 1) s ,o c m d c > c to U c U 6 X :: — c t6 U U `D w W a (/J rn io c cm to of W Q m to m c W ,.-°. m n v to m A ' L E °U € m e c 3 to C r n 5 v Q Q n o ro a E `o Y o to�oU�CL O O O O m N N N j C O/ O U N d N C ng) 0 0 N X O C y .� a 0 7 0 w 00 O m O N U N N O (O a ❑ ULi (/7U ❑ QJ (. ax aQ5 JJa (A WODULO) J � W 2 W J 2U2QmUSUUUmQQ � SQgU (q 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 listed 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 19th 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 Manager 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 12119: 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 1/1/04 and 1/1/05. 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. 8(e) 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" day of December, 2005. Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: Webster U. Jackson, City Clerk Leland B. Kerr, City Attorney Lr) 00 ° 3 o0 00 0. ° rN - N 3 o w w cO o m e°ri m m °o o ton a � 00 00 rn ° X cn O c � v Cl 0 0 O N m o Lq o o O ° w 00 00 co nE � v `—a cq 00 p 00 [m O O O v C14 06 06 G� O CD 00 Lq q CD O o A � ° ri n 06 00 0 t-4 rte+ cn Cf) k G O C) O� CO CO o o O c 7 F H H E— a4 a4 t 0 O O S�. O � � N M m O O O O r4 N N u b cN . u v y w N w p O 'C v Q Q I'd DA o v v 0 G a G` 0 p -fj p w id U) O (A O p O O V C)Fyn N w � v b0 Q) ' w � O `d Q. V O Q u p � U 9 Q � w Q w � � x [Q w 0. 2 w P. a4 e- -1 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 I. McDonald, City Planner SUBJECT: Shotgun Hunting (MF #05-173-I) I. REFERENCE(S): A. Resolution 2287 Granting Hunting Privileges B. Proposed Resolution Repealing Resolution 2287 C. I--182 Development Map Showing Hunting Areas II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/ 12/05 Discussion 12/19/05 Motion: I 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 1-182 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 I-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. 8(f) •h RESOLUTION NO. A RESOLUTION designating certain areas of the city where shotgun hunting is authorized during the appropriate hunting season. WHEREAS, PMC 9.24.030 prohibits the discharge of firearms in the City, except under specific conditions; and, WHEREAS, shotgun hunting during appropriate seasons can be 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 16, 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 254 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 —K day of ' 1996. Charles D. Kilbury, ayor ATTEST: Catherine D. Seaman, Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney f Exhibit "I" i� r e GEE III t! 11 N r } / T i f b I! Q � r ! r 2 � ► f � Y 1 I♦ 21 1 t � 17 �/ !� 1+ +7 � t 1.rf/2 M Il I'1 �' rl t u t till ' I + S t . r f t • f • ► r +•t� tr to n I It N n f1 !a t1-�.. iP 17 � w � ° .• � tq f M RY ' t �z9L 1 s / • / 71 1 tP N 17 7 / -.� f x rt u a ! r 1+ + 11 It +S N b If 11+/A to I t D ]+17 11 N }r R f ♦t J1rj?gTING "EA to f • r / } . 1 I t fj fit ij 14 ow r n f if JO '♦ 1 f r f f I t 7 , J ' � 1 f t f ♦ 7 ! I � �\ I l Exhibit 1211 _ if f /� rLUIVII Al -- -'--- - - - r f -------- / - f/A � _-.-_- I f I ELI f I � � NY •� I L � y � — �\ ! .�..\• 'rtjk. r� q �N �� -'cyr Y�*f,a'.n i �► .x+' I ti y t r .�•` �� �� 1 , ! Q~ ... '�:r ,v-J.�' 0•.at',X117} w{�,�' •. .��._ • 111 � .' _•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 16th day of December 1996 the Pasco City Council approved Resolution No. 2287 authorizing .shotgun hunting on farm land within the 1-182 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 I-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 ::::.�i.:r•. s ,� . ow well A mm i. ■� C: `sc E? 's--■'r:j� 55:t 9i':C"I r oo al• •_=_= 111:: :;' „�r..•:.; ::::: � E.....Y,,c ..Ill.. mm RES All inool000 1! ti 11R�1r1. "e:are■,� CrG'II�:i.� •- H � eeetttltr ..., .� � sttir aetet�::1•/># •�?� 1111 ►.,...; � � uet�ui�::Li1 1ui;lur r =: , ` I _ .�_ � ! • _ fill' Wr Zj am��i -' ill..[I f!' � ��-►!' ,.s' /U_'IM, Y. ly i� '� �!'' r� 1 � � Si•!wi�w man All �t ter','•••*,• �y • T / 1■ rr oil a AGENDA REPORT' TO: City Council December 9, 2005 FROM: Gary Crutch i Manager Workshop Mtg.: 12/12/05 Regular Mtg.: 12/19/05 SUBJECT: Amendment o Development 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 12/19: 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. Ill. 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. 10(a) VICINITY MAP SUNRISE ESTATES 1111 H ........... --------- ...... r A E. LEMS ST E. LEWS ST LEWIS FL E. A TON ST E. HELENA ST HELENA ST W- 4 KALISPELL CT SITE -1 LA Vi E. BUTTE BUTTE CT BUTTE ST t-n V, uj 0 VO A E L-A Pq Ll L I] w mm m E. "A' ST I - Please Return Recorded Document to: CITY OF PASCO 525 North 3rd Pasco WA 99301 DEVELOPMENT AGREEMENT THIS AGREEMENT is entered into this 10_ day of 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 (TAX PARCEL NO 113-890-014) THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., COUNTY, WASHINGTON, EXCEPT THE WEST 30 RODS AND EXCEPT TBE 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, TOWNSHIl' 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 WITH VACATED ALLEYS IN BLOCK 8 AND VACATED PORTIONS OF ADJOINING STREETS. Records of Franklin County, Washington. Development Agreement- 1 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 36.70B.200, NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: L PROPERTY DEVELOPMENT 1.1 Preliminary 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 MR12YEMENT1 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 P ortions identified below. 2.2 Construction of Billings 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 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; (d) Construct Billings s Street from its is inters ection 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 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 C' Reimbursement of Construction Cost for Billies Street ImUMMents. 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 materi als for the relocation of the Franklin County Public Utility Distri ct 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 —Ck, 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 Public Utility District of the relocated line and incident easements and shall e 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 provide 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 Iots 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 Iiabilities 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 ((j0) 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-defaulting party may institute legal proceedings to enforce the terms of this Agreement. If the default is cured,then no default exists, and the noticing party shall take no further action. 3.2 Extension of Time for Performan . Notwithstanding anything to the ce 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, 0ovelapato"l A r��tr►�nl 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 Ionger, as may be mutually agreed upon. 3.3 Rem, 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 conamenced 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 rious 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/Seyerability. 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 13in din 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 A parcel of Real Property to which this A S�ement or the conveyance of any greement 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. 19 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 P , Washington By. Y= Michael L. son LONNirz- HANG Mayor STATE OF WASHINGTON ) ss. County of Franklin ) On the . I L day of _ UI N N14 > 2005, before me, 'li'k�t ;iy'r 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. t`iff�ilflllll�I •' Vder my hand and official I �%�� +�,,luNIIII 10 seal this j�—daY of�204 . �. TAR),= 6ary Public i d for the . , �of Washington CA%.. P8 Residin g at �LIC j %,a•�_�+ My commission expires on: +?r Development Agreement- 7 STATE OF WASHINGTON ) S5. County of Franklin } On the 7 L" - day of --FeJ!>!3zarw 2005, before me, MICHAEL L. GARRISON, Mayor of the City of Pasco, Washi n, 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 Notary Publ' d'for the Sta�b—f Washington (n vo 11DTARY Residing at Q,gr • My commission expires on. 9 R[18C.tC `r Development Agreement- 8 I 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 Oe-teber-, 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 1 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 Qu1�21, 2006. In the event the Developer fails to complete construction of Billings Street as provided in this section by May Huly 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 Ma3,4July 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 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 Ci t 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 ON 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 City'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 9etebeFDecember, 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 GeteberDecember, 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 GetebefDecember, 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 9elebefDecember, 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. 46 FOR: City Council DATE: 12/14/05 TO: Gary Crutchfie Manager Regular: 12/19/05 FROM: Robert J. Albertrr,Public Works SUBJECT: Raw Water Pipeline Project Award I. REFERENCE(S): 1I. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/19: MOTION: I move to award the materials contract to the lowest bidder, National Waterworks, in the amount of$116,010.56, including sales tax. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: On December 8th, 2005, Staff received two (2)bids for pipeline fittings and valves to be used in the Raw Water Pipeline Project, which replaces the old pipelines from the Columbia River Intake structure to the water filtration plant. A low bid of$116,010.56 including sales tax was received from National Waterworks. The second bid was in the amount of $123,866.59 including sales tax, submitted by H.D. Fowler Company. These materials were bid separately from the construction contract to save time, due to the long delivery time. The bids to construct the project will not be presented to Council until the first or third Council meeting in January 2006. Staff recommends award of the contract. V. ADMINISTRATIVE ROUTING Project File 10(b)