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2008.05.19 Council Meeting Packet
AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. May 19,2008 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion(in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated May 5, 2008. (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$2,105,486.30 ($66,966.04 in the form of Wire Transfer Nos. 4966 and 4972 and, $2,038,520.26 consisting of Claim Warrants numbered 165862 through 166088). 2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$200,834.93 and, of that amount, authorize $126,027.65 be turned over for collection. (c) Appointments to Planning Commission: (NO WRITTEN MATERIAL ON AGENDA) To reappoint Tony Schouviller to Position No. 7 and to appoint Jana Kempf to Position No. 8 (both with the expiration date of 2/1/2014) to the Planning Commission, (RQ MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) Presentation of Proclamation for "Public Works Week." Mayor Joyce Olson to present Proclamation to Mike Reimer, Water Distribution Plan Foreman, 25-year Public Works employee. (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 April 2008. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) Local Improvement District (LID) No. 144 for Road 90 and Read 92, North of Sandifur Parkway. 1. Agenda Report from Doyle L. Heath,Utility Engineer dated May 14, 2008. 2. Assessment Map. 3. Ordinance. Regular Meeting 2 May 19,2008 CONDUCT A PUBLIC HEARING Ordinance No. an Ordinance of the City of Pasco, Washington, relating to city street improvements; ordering the improvement to approximately 1300 feet of each of Road 90 and Road 92, north of Sandifur Parkway, to city standards, to include curb, gutter, storm drainage system, and power, all in accordance with Resolution No. 3075 of the City Council; establishing Local Improvement District No. 144, and ordering the carrying out of the proposed improvements; providing that payment for the improvements be made by special assessments upon the property in the District,payable by the mode of"payment by bonds"; and providing for the issuance and sale of local improvement district warrants redeemable in cash or other short- term financing and local improvement district bonds. MOTION: I move to adopt Ordinance No. , creating Local Improvement District No. 144 for Road 90 and Road 92,North of Sandifur Parkway. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. 3863, an Ordinance of the City Council of the City of Pasco, Washington, providing for the submission to the voters of the city at a special election to be held therein on August 19, 2008, in conjunction with the state primary election to be held on the same date, of a proposition authorizing the city to issue general obligation bonds in the principal amount of no more than $5,000,000 (or such lesser maximum amount as may be legally issued under the laws governing the limitation of indebtedness), for the purpose of paying costs of renovating memorial park swimming pool and acquiring, constructing and equipping a new outdoor aquatic facility, the principal of and interest on such bonds to be payable from annual property tax levies to be made in excess of regular property tax levies; and designating the city attorney to receive notice of the ballot title from the Auditor of Franklin County, Washington. I. Agenda Report from Stan Strebel, Administrative & Community Services Director dated May 7, 2008. 2. Sketch of Proposed New Facility. 3. Aquatic Facilities Financing Options. 4. Draft Bond Election Ordinance. MOTION: I move to adopt Ordinance No. 3863, providing for submission to the voters of the question of issuing bonds to finance the Aquatic Facilities Project. (b) Ordinance No. , an Ordinance amending PMC Chapter 17.05 dealing with the height of wall sign lettering. 1. Agenda Report from David I. McDonald, City Planner dated May 14, 2008. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , amending PMC Chapter 17.05 dealing with sign lettering and, further, authorize publication by summary only. (c) Resolution No. , a Resolution establishing City policy on subdivision boundary fencing standards. 1. Agenda Report from David I. McDonald, City Planner dated May 14, 2008. 2. Proposed Resolution. MOTION: I move to approve Resolution No. establishing city policy for construction of subdivision boundary fences. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Council Chambers Video Upgrade: 1. Agenda Report from Gary Crutchfield, City Manager dated May 8, 2008. 2. Memorandum to City Manager from Communications Specialist dated 517/08. MOTION: I move to approve the Council Chambers video upgrade project not to exceed $35,000 and, further, direct that the amount be included in the year-end general fund supplemental budget. -AND- MOTION: I move to approve the purchase of the Council Chambers video system backup equipment not to exceed $16,000 and, further, direct that the amount be included in the year-end general fund supplemental budget. Regular Meeting 3 May 19, 2008 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...," Q Quasi-Judicial Matter REMINDERS: 1. 6:00 p.m., Monday, May 19, Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS) 2. 1:00 p.m., Tuesday, May 20, 4808 Antigua Drive — Bulldog House XI Dedication. (ALL COUNCILMEMBERS INVITED TO ATTEND) 3. 5:30 p.m., Wednesday, May 21, Roy's Smorgy — Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 4. 7:30 a.m., Thursday, May 22, Pasco Red Lion — Tri-Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 5. 4:00 p.m., Thursday, May 22, Pasco Holiday Inn Express — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.; TOM LARSEN, Alt.) 6. 5:30 p.m., Thursday, May 22, 710 W. Court Street — Benton Franklin Community Action Committee Meeting. (COUNCILMEMBER AL YENNEY,Rep.; REBECCA FRANCIK, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 5, 2008 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffinann, Tom Larsen, Joyce Olson, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Michael McShane, City Engineer; Denis Austin, Police Chief and Greg Garcia, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated April 21, 2008. (b) Bills and Communications: To approve General Claims in the amount of$1,329,885.49 ($103,965.88 in the form of Wire Transfer Nos. 4958 and 4961 and, $1,225,919.61 consisting of Claim Warrants numbered 165631 through 165861). To approve Payroll Claims in the amount of$1,747,208.08, Voucher Nos. 37783 through 37895; and EFT Deposit Nos. 30022577 through 30023074. (c) Resolution No. 3076, a Resolution accepting work performed by A&B Asphalt under contract for the Court Street Widening(Road 68-Road 84), Phase 1, Project No. 07-3-01. To approve Resolution No. 3076, accepting the work performed by A&B Asphalt, Inc., under contract for the Court Street Widening (Road 68-Road 84), Phase 1, Project No. 07-3-01. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Olson presented Certificates of Appreciation for April 2008 "Yard of the Month" to: Raul and Linda De La Mora, 931 W. Marie Street John and Gayle Womak, 139 Willow Circle Jim and Anna Sedgwick, 7 Marigold Loop Joe and Ruth Welden, 7608 Bonilla Drive Mayor Olson presented a Certificate of Appreciation for April 2008 "Business of the Month Appearance Award" to: Master Barbers, 120 N. 5th Avenue Mayor Olson presented a Proclamation to Benton Franklin Community Action Committee Executive Director, Judith Gidley and Family Development Coordinator, Joy White, proclaiming May 9, 2008, "Child Care Providers Appreciation Day." Judith Gidley invited Council to attend a Child Care Providers reception at Pasco Senior Center on May 91h. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 5, 2008 Mayor Olson presented a Proclamation to Denis Austin, Chief of Police, proclaiming May 11-17, 2008, "National Police Week" and May 15, 2008, "Peace Officers' Memorial Day." Mayor Olson invited everyone to a Police Memorial Event at Columbia Park Flag Pole on May 10`h VISITORS - OTHER THAN AGENDA ITEMS: Bob Tippett, Pasco Public Facilities District Board President, presented Council with the Pasco Public Facilities District Annual Report. Mayor Olson recognized students in the audience from Columbia Basin College political science class. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Watkins attended the Hispanic Academic Achievers Program. Mr. Yenney attended the Seventeenth Annual Volunteer Appreciation Reception and gave welcoming comments at the Cinco de Mayo festival. Mr. Larsen attended the Emergency Medical Services Board Meeting and the Cinco de Mayo parade. Ms. Francik attended the Seventeenth Annual Volunteer Appreciation Reception. Mayor Olson attended the Seventeenth Annual Volunteer Appreciation Reception and the Cinco de Mayo festival. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3860, an Ordinance of the City of Pasco,Washington, amending the Zoning Classification of Short Plat 2008-09,R-S-1 (Suburban Residential) to R-1 (Low Density Residential) with a concomitant Agreement. MOTION: Mr. Watkins moved to adopt Ordinance No. 3860, granting a rezone for Short Plat 2008-09 from R-1-S to R-I with a concomitant agreement as recommended by the Planning Commission and, further, authorize publication by summary only. Mr. Garrison seconded. MOTION: Mr. Larsen moved to hold a closed record hearing to discuss traffic impact of the rezone. Motion failed due to lack of a second. Original Motion carried 6-1. No—Larsen. Ordinance No. 3861, an Ordinance amending Title 12 dealing with sidewalk and driveway improvements. MOTION: Mr. Watkins moved to adopt Ordinance No. 3861, amending PMC Title 12 dealing with sidewalks and driveways and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Ordinance No. 3862, an Ordinance reducing the membership of the Senior Services Advisory Committee. MOTION: Mr. Watkins moved to set the number of members of the Senior Services Advisory Committee at five. Mr. Garrison seconded. Motion carried 6-1. No— Larsen. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 5, 2008 MOTION: Mr. Watkins moved to adopt Ordinance No. 3862, reducing the membership of the Senior Services Advisory Committee from nine to five and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried 6-1. No—Larsen. Resolution No. 3077, a Resolution establishing primary goals of the City of Pasco for the ensuing calendar years 2008-2009. MOTION: Mr. Watkins moved to approve Resolution No. 3077, establishing primary goals for the city for calendar years 2008-2009. Mr. Garrison seconded. Motion carried 5- 2. No —Larsen, Hofftnann. NEW BUSINESS: 2008 Sewer Lining Project No. 08-1-04: MOTION: Mr. Watkins moved to award the low bid including alternate area 4 for the 2008 Sewer Lining Project No. 08-1-04 to Insituform Technologies, Inc., in the amount of$409,725.98 including tax and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Mayor Olson suggested putting the Swimming pool bond issue on the August ballot instead of November. Council discussed possible topics for Staff presentations at Workshop meetings. Council and Staff discussed the possibility of including audio or video of Planning Commission meetings in the packet when Council is considering a Planning Commission's recommendation. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:05 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 19'' day of May, 2008. 3 CITY OF PASCO Council Meeting of: May 19,2008 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the un tstthe he y under penalty of perjury that the materials have been furnished, the services re bor perfor ed as described herein and that the claim is a just, due and unpaid obligation y and that w are authori zed to authenticate and� vy to said im. Gary Crutc feel , it James W hase, 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 4966 and 4972 in the amount of$66,966.04, have been authorized, that Check No.s 165862 through 166088 are approved for payment in the amount of$2,038,520.26, for a combined total of$2,105,486.30 on this 19th day of May,2008. Councilmember Councilmember SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 1,228.68 Judicial 13,832.43 Executive 8,185.94 Police 25,91024 Fire 9,710.34 Administration&Community Services 120,137.98 Community Development 1,854.19 Engineering 3,175.00 Non-Departmental 39,921.24 Library 1,425.64 TOTAL GENERAL FUND: 225,381.68 STREET 448,834.64 C. D. BLOCK GRANT 1,267.27 KING COMMUNITY CENTER 2,128.94 AMBULANCE SERVICE 20,701.13 CEMETERY 8,717.92 ATHLETIC PROGRAMS 2,729.02 SENIOR CENTER 5,488.46 MULTI MODAL FACILITY 1,439.22 RIVERSHORE TRAIL&MARINA MAIN 114.18 LITTER CONTROL 0.00 REVOLVING ABATEMENT 720.00 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 147.49 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 3,448.93 METRO DRUG FORFEITURE FUND 33.67 GENERAL CONSTRUCTION 67.53 WATER/SEWER 893,990.06 EQUIPMENT RENTAL- OPERATING 38,235.92 TRI CITY ANIMAL CONTROL 1,375.61 MEDICAUDENTAL INSURANCE 67,016.04 CENTRAL STORES 2,288.33 PUBLIC FACILITIES DIST 297.01 PAYROLL CLEARING 37,048.34 LID CONSTRUCTION 344,014.91 GRAND TOTAL ALL FUNDS: $ 2,105,486.30 3(b).1 AGENDA REPORT FOR: City Counci DATE: 5/14/2008 TO: Gary Crutch anger REGULAR: 5/19/2008 Stan S el el,A inistrative&Community Services Director FROM: Jinj-Ch ance Manager SUBJECT: BAD D T WRITE-OFF'S/COLLECTION. I. REFERENCE(S): 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, cemetery, general accounts, miscellaneous accounts and Municipal Court non-criminal,criminal and parking accounts receivable in the total amount of $200,834.93 and, of that amount, authorize $126,027.65 be turned over for collection. Ill. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address,or are accounts in"occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write 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. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 7. MISCELLANEOUS- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ 2,593.21 .00 2593.21 Ambulance $ 72,214.07 11,147.33 83,361.40 Court A/R $ .00 111,108.00 111,108.00 Liens $ .00 1,364.00 1,364.00 Cemetery $ .00 1,39032 1,390.32 General $ .00 58.00 58.00 Miscellaneous $ .00 960.00 960.00 TOTAL: $ 74,807.28 126,027.65 200,834.93 IV. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 GENERAL FUND OPERATING STATEMENT THROUGH APRIL 2008 CASH BASIS YTD % OF YTD TOTAL % OF 2008 2008 ANNUAL 2007 2007 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 1,247,813 5,503,000 22.7% 1,581,795 5,077,608 31.2% SALES 2,756,946 8,050,000 34.2% 2,653,017 8,652,647 30.7% UTILITY 2,535,668 7,070,000 35.9% 2,569,030 6,788,746 37.8% OTHER 257,101 940,000 27.4% 375,484 908,784 41.3010 LICENSES& PERMITS 719,536 970,900 74.1% 752,910 1,708,999 44.1% INTERGOV'TREVENUE 309,423 1,186,500 26.1% 249,340 1,348,642 18.5010 CHARGES FOR SERVICES 831,961 2,598,500 32.0% 833,454 2,534,636 32.9% FINES & FORFEITS 244,162 874,900 27.9% 299,850 951,007 31.5% MISC. REVENUE 243,063 853,300 28.5% 283,220 1,031,475 27.5% OTHER FIN. SOURCES 11,136 133,000 8.4% 30,790 192,405 16.0% TOTAL REVENUES 9,156,809 28,180,100 32.5% 9,628,890 29,194,949 33.0% BEGINNING CASH BALANCE 6,272,547 6,000,000 5,391,199 5,391,199 TOTAL SOURCES 15,429,356 34,180,100 45.1% 15,020,089 34,586,148 43.4% EXPENDITURES: CITY COUNCIL 35,118 115,325 30.5% 31,486 95,638 32.9% MUNICIPAL COURT 330,379 1,113,625 29.7% 309,996 1,019,344 30.4% CITY MANAGER 241,094 670,400 36.0% 216,420 674,083 32.1% POLICE 3,355,725 10,223,061 32.8% 3,420,192 9,976,604 34.3% FIRE 1,248,377 3,855,500 32.4% 1,216,211 3,748,069 32.4% ADMIN &COMMUNITY SVCS 1,459,372 5,092,640 28.7% 1,274,945 4,727,687 27.0% COMMUNITY DEVELOPMENT 330,574 1,080,695 30.6% 394,515 1,335,287 29.5% ENGINEERING 414,421 1,176,600 35.2% 352,877 993,182 35.5% MISC. NON-DEPARTMENT 1,370,988 5,398,010 25.4% 1,377,309 4,640,790 29.7% LIBRARY 372,734 1,161,010 32.1% 359,083 1,102,917 32.6% TOTAL EXPENDITURES 9,158,782 29,886,866 30.6% 8,953,034 28,313,601 31.6% ENDING FUND BALANCE 4,293,234 6,272,547 TOTAL EXPEND AND END FUND BAL 34,180,100 34,586,148 AVAILABLE CASH BALANCE 6,270,574 6,067,055 PERCENTAGE OF BUDGET ALLOCATED FOR 4 MONTHS 33.3% Authorized but non-budget expenditures of $114,550 (cumulative)which will effectively reduce the ending fund balance. These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance at month end. The City's CAFR is prepared using the Accrual Basis of Accounting. These statements are intended for Management use only. 6(b) AGENDA REPORT NO. 09 FOR: City Council May 14, 2008 TO: Gary Crutch i Manager Robert J. Alb i t 1s-Works Director FROM: Doyle L Heath, Utility Engineea' Regular Mtg.: 05/19/08 SUBJECT: Public Hearing & Ordinance creating Local Improvement District (LID)No. 144 for Road 90 & Road 92,North of Sandifur Parkway I. REFERENCE(S): 1. Assessment Map 2. Ordinance II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 05/19: CONDUCT PUBLIC HEARING 05/19: MOTION: I move to adopt Ordinance No. , creating Local Improvement District No. 144 for Road 90 and Road 92,North of Sandifur Pkwy. III. FISCAL IMPACT: Water/ Sewer Fund $190,000 IV. HISTORY AND FACTS BRIEF: A) A Neighborhood Meeting was held with the property owners on March 12, 2008 to discuss the proposed LID. Staff has received support from owners representing 64% of the project. Staff made a presentation to the City Council on March 31, 2008 regarding the formation of a LID in Road 90 and Road 92, north of Sandifur Pkwy. Staff explained that when the plats were approved the street improvements were not required. These two roads will need to be built to allow access to the properties so they can be developed. The improvements included in the LID include the curb, gutter, power, lights and roadway. Staff recommends the City pay for the sewer and water extensions in both Road 90 and Road 92. The properties would reimburse the City through the water and sewer fees at the time of development. The City Council instructed staff to proceed with the formation of this LID. On April 15, 2008 the City Council approved Resolution 3075 declaring its intention to create LID 144, and set Monday May 19, 2008 at 7:00 p.m. for a Public Hearing. The "Notice of Proposed Improvement and Public Hearing Thereon" with the Preliminary Assessment costs was sent to each of the property owners on May 1, 2008. The Notice was also published in the Tri-City Herald on May 4' and 5`h, 2008 B) The Public Hearing is to solicit and hear testimony from those for and against the LID. V. DISCUSSION: A) Staff believes a project needs to be created to complete Road 90 and Road 92 in the Cole's Estates area. This project would abut seventeen (17) parcels and facilitates development in this vicinity. The proposed LID boundary includes parcels that are zoned commercial and residential. Due to the variation in parcel sizes, the proposed LID would be based on front footage and area charges. B) Staff recommends that the City Council adopt the Ordinance creating this LID. 7(a) CITY OF PASCO, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, relating to City street improvements; ordering the improvement to approximately 1300 feet of each of Road 90 and Road 92, north of Sandifur Parkway, to City standards, to include curb, gutter, storm drainage system, and power, all in accordance with Resolution No. 3075 of the City Council; establishing Local Improvement District No. 144, and ordering the carrying out of the proposed improvements; providing that payment for the improvements be made by special assessments upon the property in the District, payable by the mode of "payment by bonds"; and providing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds. WHEREAS, by Resolution No. 3075 adopted April 21, 2008, the City Council declared its intention to order the improvement to approximately 1300 feet of each of Road 90 and Road 92, north of Sandifer Parkway, to City standards, to include curb, gutter, storm drainage system, and power; and, fixed May 19, 2008, at 7:00 p.m., local time, in the City Council Chambers of the City Hall as the time and place for hearing all matters relating to the proposed improvement and all comments thereon and objections thereto and for determining the method of payment for the improvement; and WHEREAS, the City Engineer caused an estimate to be made of the cost and expense of the proposed improvements and certified that estimate to the City Council, together with all papers and information in his possession touching the proposed improvement, a description of the boundaries of the proposed local improvement district and a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed district; and WHEREAS, that estimate is accompanied by a diagram of the proposed improvement showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by the proposed improvement and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property; and WHEREAS, due notice of the above hearing was given in the manner provided by law, and the hearing was held by the City Council on the date and at the time above mentioned, and all objections to the proposed improvement were duly considered by the City Council, and all persons appearing at such hearing and wishing to be heard were heard; and WHEREAS, the City Council has determined it to be in the best interests of the City that the improvement as hereinafter described be carried out and that a local improvement district be created in connection therewith;NOW, THEREFORE, -1- 5091249a.1 THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY ORDAIN as follows: Section 1. The City Council of the City of Pasco, Washington (the "City"), orders the improvement of the properties within the area described in Exhibit B, by the improvements to approximately 1300 feet of each of Road 90 and 92, north of Sandifur Parkway, to City street standards, to include curb, gutter, storm drainage system, and power, as more particularly described in Exhibit A (the "Improvements"). The Improvements shall be in accordance with the plans and specifications therefor prepared by the City Engineer, and may be modified by the City Council as long as such modification does not affect the purpose of the Improvements. Section 2. There is created and established a local improvement district to be called Local Improvement District No. 144 of the City of Pasco, Washington (the "District"), the boundaries or territorial extent of the District being more particularly described in Exhibit B attached hereto and by this reference incorporated herein. Section 3. The total estimated cost and expense of the Improvements is declared to be $602,160.04. The entire cost and expense shall be borne by and assessed against the property specially benefited by such Improvements included in the District which embraces as nearly as practicable all property specially benefited by such Improvements. Section 4. In accordance with the provisions of RCW 35.44.047, the City may use any method or combination of methods to compute assessments which may be deemed to more fairly reflect the special benefits to the properties being assessed than the statutory method of assessing the properties. Section 5. Local improvement district warrants may be issued in payment of the cost and expense of the Improvements herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No. 144, hereinafter created and referred to as the Local Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter by the City's Financial Services Manager, as issuing officer, and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued, such interest-bearing warrants to be hereafter referred to as "revenue warrants." In the alternative, the City hereafter may provide by ordinance for the issuance of other short-term obligations pursuant to chapter 39.50 RCW. If the City shall authorize expenditures to be made for such Improvements (other than for any cost or expense expected to be borne by the City) prior to the date that any short-term obligations or local improvement district bonds are issued to finance the Improvements, from proceeds of interfund loans or other funds that are not, and are not reasonably expected to be, reserved, allocated on a long-term basis or otherwise set aside to pay the cost of the Improvements herein ordered to be assessed against the property specially benefited thereby, the City declares its official intent that those expenditures, to the extent not reimbursed with prepaid special benefit assessments, are to be reimbursed from proceeds of short-term obligations or -2- 50912498,1 local improvement district bonds that are expected to be issued for the Improvements in a principal amount not exceeding $602,160.04. The City is authorized to issue local improvement district bonds for the District which shall bear interest at a rate and be payable on or before a date to be hereafter fixed by ordinance. The bonds shall be issued in exchange for and/or in redemption of any and all revenue warrants issued hereunder or other short-term obligations hereafter authorized and not redeemed in cash within twenty days after the expiration of the thirty-day period for the cash payment without interest of assessments on the assessment roll for the District. The bonds shall be paid and redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode of"payment by bonds," as defined by law and the ordinances of the City. The exact form, amount, date, interest rate and denominations of such bonds hereafter shall be fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City Council hereafter shall determine. Section 6. In all cases where the work necessary to be done in connection with the making of such Improvements is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for such work may be made in cash warrants drawn upon the Local Improvement Fund or by check or other lawful instrument through the City LID Construction Fund, LID 144 Account,for and on behalf of the District. Section 7. The Local Improvement Fund for the District is created and established in the office of the City Financial Services Manager. The proceeds from the sale of revenue warrants or other short-term obligations drawn against the fund which may be issued and sold by the City and the collections of special assessments, interest and penalties thereon shall be deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the Improvements and cash warrants in payment for all other items of expense in connection with the Improvements may be issued against the Local Improvement Fund. Alternatively, payment to the contractor or contractors may be made through the City LID Construction Fund, LID 144 Account, for and on behalf of the District. Section 8. Within 15 days of the passage of this ordinance there shall be filed with the City Clerk the title of the Improvements and District number, a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of such Improvements to be borne by each lot, tract or parcel of land. The City Clerk immediately shall post the proposed assessment roll upon her index of local improvement assessments against the properties affected by the local Improvements. PASSED by the City Council and APPROVED by the Mayor of the City of Pasco, Washington, at a regular open public meeting thereof, this day of May, 2008. -3- 50912499.1 Joyce Olson, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney -4- 50912498/ EXHIBIT A LID No. 144 —in Road 90 and Road 92 North of Sandifur Parkway The LID is to include the work of installing curb, gutter, storm drainage systems, power and the roadway to City of Pasco standards. In Street From To Road 90 Sandifur Pkwy North of Sandifur Pkwy 1,300 feet Road 92 Sandifur Pkwy North of Sandifur Pkwy 1,300 feet Exhibit A 50912498.1 EXHIBIT B LID No. 144-North of Sandifur Pkwy in Road 90 and Road 92 Legal description of the boundary: That portion of the south half of the north half of Section 8, Township 9 North, Range 29 East, W.M. in Pasco, Franklin County, Washington, described as follows; Commencing at the intersection of Sandifur Parkway and Road 92, also being the center of Section 8, Township 9 North, Range 29 East, W.M. in Pasco, Franklin County, Washington; thence northerly along the centerline of Road 92 a distance of 40-feet, being the northerly right- of-way line of Sandifur Parkway, also being the True Point of Beginning; Thence easterly along the northerly right-of-way line of Sandifur Parkway, a distance of 30-feet to the southwest corner of Lot 24, Cole's Estates; thence continuing easterly along the northerly right-of-way line of Sandifur Parkway, also being the southerly property line of Lot 24, Cole's Estates, and Lot 9, Cole's Estates, to the southeast corner of Lot 9, Cole's Estates, also being the western right-of-way line of Road 90; thence continuing easterly along the projection of the southerly line of Lot 9, Cole's Estates, a distance of 60-feet, to the easterly right-of-way line of Road 90; thence northerly along the easterly right-of-way line of Road 90, a distance of 11-feet, to the point of intersection of a 35-foot radius at the southwest comer of Lot 1, Binding Site Plan 2006-05; thence easterly along the southerly tangent of the radius and continuing along the southerly line of Lot 1, Binding Site Plan 2006-05, to the southeast corner of said Lot 1; thence northerly along the easterly line of Lot 1, Binding Site Plan 2006-05, to the northeast corner of said Lot 1, also being on the southerly line of Lot 7, Cole's Estates; thence easterly along the southerly line of Lot 7, Cole's Estates to the southeast corner of said Lot 7; thence northerly along the eastern line of said Lots 7, 6, and 5, Cole's Estates, to the northeastern comer of Lot 5, Cole's Estates; thence westerly along the northerly line of said Lot 5, to the northwest corner of Lot 5, Cole's Estates, also being the easterly right-of-way line of Road 90; thence westerly across the right-of-way of Road 90 to the northeast corner of Lot 11, Cole's Estates, also being on the western right-of-way line of Road 90; thence westerly along the northern line of said Lot 11 to the northwesterly corner of said Lot 11; thence southerly along the western line of said Lot 11, to the northeast corner of Lot 20, Cole's Estates; thence westerly along the northern line of said Lot 20, to the eastern right-of-way line of Road 92; thence continuing along the westerly projection of the northern line of said Lot 20 to the centerline of Road 92; thence southerly along the centerline of Road 92 to the projection of the southerly line of Mediterranean Villas Phase 5 (Parcel No. 115-441-156); thence westerly along the projection of the southerly line of Mediterranean Villas Phase 5 to the westerly right-of-way line of Road 92, being the southeasterly corner of Mediterranean Villas Phase 5, also being the northeasterly corner of Lot 4, Block 4, Broadmoor Park No. 1, including a portion of the vacated right-of-way along the northern line of said Lot 4; thence continuing westerly along the said Lot 4 with vacated right-of- way to the northwestern corner of Lot 4, Block 4, Broadmoor Park No. 1, with vacated right-of- way; thence southerly along the western line of Lot 4, Block 4, Broadmoor Park No. 1, and Lot 3, Block 4, Broadmoor Park No. 1, to the southwest corner of said Lot 3, as modified by Lots 3 Exhibit B - 1 509124991 and 4 of Binding Site Plan 2005-08; thence easterly along the southern line of Lot 3, Block 4, Broadmoor Park No. 1, to the northwest corner of Lot 4, Binding Site Plan 2005-08; thence southerly along the western line of said Lot 4 and Lot 5, Binding Site Plan 2005-08, to the southwest corner of said Lot 5, also being on the northern line of Lot 2, Binding Site Plan 2004- 03; thence westerly along the northern line of said Lot 2, to the northwest corner of said Lot 2; thence southerly along the western line of said Lot 2, including the 20-foot jog easterly near the southern side of said Lot 2, to the southwest corner of said Lot 2, also being the northern right- of-way line of Sandifur Parkway; thence easterly along the southern line of said Lot 2 and tangent of a 25-foot radius at the southeast corner of said Lot 2, to the point of intersection of the radius; thence continuing easterly along the projection of the southerly line of said Lot 2, a distance of 30-feet to a point, also being the True Point of Beginning. Exhibit B - 2 50912498.1 CERTIFICATION 1, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on May , 2008, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after the publication of its summary in the City's official newspaper; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this day of May, 2008. CITY OF PASCO, WASHINGTON Debra L. Clark, City Clerk 50912498.1 AGENDA REPORT FOR: City Council May 7, 2008 TO: Gary Crutchfi MManager FROM: Stan Strebel, A minis ative and Community Workshop Mtg.: 5/12/08 Services Dixect Regular Mtg.: 5/19/08 SUBJECT: Aquatic Facilities Bond Election I. REFERENCE(S): 1. Sketch of Proposed New Facility 2. Aquatic Facilities Financing Options 3. Draft Bond Election Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 5/12: Discussion 5/19: Motion: I move to adopt Ordinance No. 3VV3 , providing for submission to the voters of the question of issuing bonds to finance the Aquatic Facilities Project. III. FISCAL IMPACT: $5,000,000 Unlimited Tax General Obligation Bond Issue IV. HISTORY AND FACTS BRIEF: A) At its meeting of April 28, Council again reviewed the various swimming facility alternatives including the original Option "A", renovation of Memorial Pool and construction of a new outdoor leisure pool, as recommended by the ad hoc pools committee and options for an indoor facility. B) The consensus of Council appeared to favor moving forward with Option "A". The issuance of bonds would have to be approved by sixty (60%) percent of those voting for that purpose in a special election. In addition, forty (40%) percent of those voting in the last previous general election would be required to validate the vote. An election in conjunction with the August 19, 2008 primary election would require notice (a resolution) filed with the County Auditor by May 271h The November 4, 2008 general election would require notice filed by August 12th, C) If Council desires to submit the issue at the August election, a Bond Election Ordinance, in substantially the form provided herein, must be adopted for submission to the County Auditor at the meeting of May 19th. D) As previously discussed with Council, the cost for the owner of a $100,000 home, on an annual basis, would be a $16.00 per year increase in property tax if the measure were adopted and $5 million worth of bonds sold. As valuation in the city continues to increase over the life of the bonds, it would be expected that the annual cost to property owners would decline. 8(a) apo S Lj $�1.T4t ItOtaS'E. f�CytT,�. W AT � f f U4�zY ttt f f ! f Lam _ _ _ _ - - -- -- - - - - -- _ .� o xo yo �s o-r•b ;i rCnileC-lS F� O O �' o z ° CA CIA Cl z z b 3 o o C,3 CJ U ° U >° U a > z U o o .o o ,o 0 0• z E� e rz E E few W w G � U � 4.4 O .�0 Q 'O O 1-4 O O � :3 03 � 3a, � 3a: Q P4 U CITY OF PASCO, WASHINGTON BONDS TO RENOVATE AND CONSTRUCT AQUATIC FACILITIES ORDINANCE NO. 3 863 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PASCO, WASHINGTON, PROVIDING FOR THE SUBMISSION TO THE VOTERS OF THE CITY AT A SPECIAL ELECTION TO BE HELD THEREIN ON AUGUST 19, 2008, IN CONJUNCTION WITH THE STATE PRIMARY ELECTION TO BE HELD ON THE SAME DATE, OF A PROPOSITION AUTHORIZING THE CITY TO ISSUE GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF NO MORE THAN $5,000,000 (OR SUCH LESSER MAXIMUM AMOUNT AS MAY BE LEGALLY ISSUED UNDER THE LAWS GOVERNING THE LIMITATION OF INDEBTEDNESS), FOR THE PURPOSE OF PAYING COSTS OF RENOVATING MEMORIAL PARK SWIMMING POOL AND ACQUIRING, CONSTRUCTING AND EQUIPPING A NEW OUTDOOR AQUATIC FACILITY, THE PRINCIPAL OF AND INTEREST ON SUCH BONDS TO BE PAYABLE FROM ANNUAL PROPERTY TAX LEVIES TO BE MADE IN EXCESS OF REGULAR PROPERTY TAX LEVIES; AND DESIGNATING THE CITY ATTORNEY TO RECEIVE NOTICE OF THE BALLOT TITLE FROM THE AUDITOR OF FRANKLIN COUNTY, WASHINGTON. PASSED: MAY 19, 2008 This document prepared by: FOSTER PEPPER PLLC 1111 Third Avenue, Suite 3400 Seattle, Washington 98101 (206) 447-4400 50912194.1 CITY OF PASCO, WASHINGTON ORDINANCE NO. 3863 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PASCO, WASHINGTON, PROVIDING FOR THE SUBMISSION TO THE VOTERS OF THE CITY AT A SPECIAL ELECTION TO BE HELD THEREIN ON AUGUST 19, 2008, IN CONJUNCTION WITH THE STATE PRIMARY ELECTION TO BE HELD ON THE SAME DATE, OF A PROPOSITION AUTHORIZING THE CITY TO ISSUE GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF NO MORE THAN $5,000,000 (OR SUCH LESSER MAXIMUM AMOUNT AS MAY BE LEGALLY ISSUED UNDER THE LAWS GOVERNING THE LIMITATION OF INDEBTEDNESS), FOR THE PURPOSE OF PAYING COSTS OF RENOVATING MEMORIAL PARK SWIMMING POOL AND ACQUIRING, CONSTRUCTING AND EQUIPPING A NEW OUTDOOR AQUATIC FACILITY, THE PRINCIPAL OF AND INTEREST ON SUCH BONDS TO BE PAYABLE FROM ANNUAL PROPERTY TAX LEVIES TO BE MADE IN EXCESS OF REGULAR PROPERTY TAX LEVIES; AND DESIGNATING THE CITY ATTORNEY TO RECEIVE NOTICE OF THE BALLOT TITLE FROM THE AUDITOR OF FRANKLIN COUNTY, WASHINGTON. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as follows: Section 1. The City Council (the "Council") of City of Pasco, Washington (the "City"), hereby makes the following findings and determinations: (a) The City is in need of renovating its existing Memorial Park Swimming Pool located East of Highway 395 and acquiring, constructing and equipping a new outdoor aquatic facility to be located West of Highway 395, all as more particularly defined and described in Section 3 herein (collectively referred to herein as the "Project"), and the City lacks sufficient money with which to pay costs of the Project. (b) To pay costs of the Project, the Council hereby deems it necessary and advisable that the City issue, sell and deliver unlimited tax general obligation bonds in the principal amount of no more than $5,000,000 (or such lesser maximum amount as may be legally issued under the laws governing the limitation of indebtedness) (the"Bonds"). (c) The City is authorized pursuant to Article VII, Section 2(b) of the Washington Constitution and laws of the State of Washington (including chapters 35.37, 35A.40, 39.36 and 84.52 RCW) to submit to the City's voters at a special election, for their approval or rejection, the proposition of whether the City shall issue the Bonds to pay costs of the Project and levy annual excess property taxes to pay and retire the Bonds. Section 2. The Council hereby finds and declares that the best interests of the City and its residents require the City to carry out and accomplish the Project as hereinafter provided. 50912194.1 Section 3. The Council hereby finds and declares that the Project to be paid for with proceeds of the Bonds, including interest earnings thereon (the "Bond Proceeds") is more particularly defined and described as follows: (a) Renovate the existing Memorial Park Swimming Pool located East of Highway 395, including, but not limited to: correct operational and code deficiencies; construct a new bath house; and make other capital improvements, all as deemed necessary and advisable by the Council. (b) Acquire, construct and equip a new outdoor aquatic facility to be located West of Highway 395 that will include, but not be limited to: a zero depth leisure pool; bath house; slide and other water play features; and other capital improvements, all as deemed necessary and advisable by the Council. (c) Acquire, construct and install all necessary furniture, equipment, apparatus, fixtures and appurtenances in the foregoing, all as deemed necessary or advisable by the Council. (d) Pay incidental costs incurred in connection with carrying out and accomplishing the foregoing pursuant to RCW 39.46.070. Such costs shall be deemed part of the Project and shall include, but are not limited to, costs related to the issuance, sale and delivery of the Bonds; payments for fiscal and legal expenses; obtaining ratings and bond insurance; printing, advertising, establishing and funding accounts; necessary and related engineering, architectural, planning, consulting, inspection and testing costs; administrative and relocation expenses; site acquisition and improvement; demolition; on and off-site utilities and road improvements; and other similar activities or purposes, all as deemed necessary and advisable by the Council. The Project, or any portion or portions thereof, shall be acquired or made insofar as is practicable with available Bond Proceeds, together with any other money of the City legally available therefor, and in such order of time as shall be deemed necessary and advisable by the Council. The Council shall determine the application of Bond Proceeds, together with any other money of the City legally available therefor, between the various parts of the Project so as to accomplish, as near as may be, all of the Project. The Council shall determine the exact order, extent and specifications for the Project. The Project is to be more fully described in the plans and specifications to be prepared by the City's architects and engineers and to be filed with the City. The estimated cost of the Project, including the costs of issuing, selling and delivering the Bonds is declared to be, as nearly as may be, $10,000,000. The economic life of the Project is expected to be at least 20 years. Section 4. The Auditor of Franklin County, Washington, as ex officio Supervisor of Elections (the "Auditor"), is requested to call and conduct a special election in the City, in the manner provided by law, to be held therein on August 19, 2008, in conjunction with the State primary election to be held on the same date, for the purpose of submitting to the City's voters, for their approval or rejection,the proposition of whether the City shall issue the Bonds to pay costs of the Project and levy annual excess property taxes to pay and retire the Bonds. If such proposition is approved by the requisite number of voters,the City will be authorized to issue and sell the Bonds in the manner described in this ordinance, spend the Bond Proceeds to -2- pay costs of the Project, and levy annual excess property taxes to pay and retire the Bonds. The Bond Proceeds shall be used, either with or without additional money now available or hereafter available to the City, for capital purposes only, as permitted by law, which shall not include the replacement of equipment. Section 5. The Bonds authorized may be issued as a single issue or bond, as a part of a combined issue with other authorized bonds, or in more than one series, as deemed necessary or advisable by the Council and as permitted by law. The Bonds shall be fully registered bonds; shall bear interest payable as permitted by law; shall mature within 20 years from the date of issue (but may mature at an earlier date or dates as fixed by the Council); shall be paid by annual property tax levies sufficient in amount to pay both principal and interest when due, which annual property tax levies shall be made in excess of regular property tax levies without limitation as to rate or amount but only in amounts sufficient to meet such payments of principal and interest as they come due; and shall be issued and sold in such manner, at such times and in such amounts as shall be required for the purpose for which the Bonds are to be issued, all as deemed necessary or advisable by the Council and as permitted by law. The exact date, form, terms, option of prior redemption, price, interest rate or rates and maturities of the Bonds shall be hereafter fixed by ordinance of the Council. Pending the issuance of the Bonds, the City may issue short-term obligations pursuant to chapter 39.50 RCW to pay for costs of the Project. Such obligations may be paid or refunded with the Bond Proceeds. If the City receives voter approval to issue the Bonds in the manner described in this ordinance, the Council hereby authorizes and directs the Finance Manager of the City to: (a) review and "deem final" (within the meaning of Rule 15c2-12 of the Securities and Exchange Commission), if necessary and upon such official's satisfaction, any preliminary official statement prepared in connection with the sale of the Bonds by the City; (b) authorize the "deemed final" preliminary official statement to be distributed prior to the date any underwriter or purchaser bids for, purchases, offers or sells the Bonds; and (c) acknowledge in writing any action taken pursuant to clauses (a) and (b) of this paragraph. The Council declares that to the extent, prior to the date the Bonds or other short-term obligations are issued to pay costs of the Project, the City shall make capital expenditures for the Project from money that is not(and is not reasonably expected to be) reserved, allocated on a long- term basis or otherwise set aside by the City under its existing and reasonably foreseeable budgetary and financial circumstances to pay costs of the Project, those capital expenditures are intended to be reimbursed out of the Bond Proceeds or other short-term obligations issued in an amount not to exceed the principal amount of the Bonds provided by this ordinance. Section 6. If Bond Proceeds are more than sufficient to pay costs of the Project (the "Excess Bond Proceeds"), the City may use the Excess Bond Proceeds to: (a) acquire, construct, install, equip and make other capital improvements to the City's facilities; or (b) retire and/or defease a portion of the Bonds or other outstanding bonds of the City, all as deemed necessary or advisable by the Council and as permitted by law. In the event that the Bond Proceeds, together with any other money of the City legally available therefor, are insufficient to carry out and accomplish all of the Project, the City shall use the Bond Proceeds and other available money for paying the cost of that portion of the Project that is deemed by the Council most necessary and in the best interest of the City. -3- If the Council shall determine that it has become impractical to accomplish the Project or portions thereof by reason of state or local circumstances, including, but not limited to, changed conditions or needs, regulatory considerations, incompatible development or costs substantially in excess of those estimated, the City shall not be required to accomplish such Project and may apply the Bond Proceeds or any portion thereof to: (a) other portions of the Project; (b) acquire, construct, install, equip and make other capital improvements to the City's facilities; or (c) retire and/or defense a portion of the Bonds or other outstanding bonds of the City, all as deemed necessary or advisable by the Council and as permitted by law. Section 7. Pursuant to RCW 29A.36.071, the ballot title of the aforesaid proposition shall be in substantially the following form: PROPOSITION 1 CITY OF PASCO BONDS TO RENOVATE AND CONSTRUCT AQUATIC FACILITIES The City Council of the City of Pasco, Washington, passed Ordinance No. 3863, concerning a proposition to finance renovation and construction of aquatic facilities. This proposition would authorize the City to renovate the existing Memorial Pool located East of Highway 395 and acquire, construct and equip a new outdoor aquatic facility to be located West of Highway 395 (including zero depth leisure pool, bath house, slide and other water play features); issue no more than $5,000,000 of general obligation bonds maturing within 20 years; and levy annual excess property taxes to repay the bonds, all as provided in Ordinance No. 3863. Should this proposition be: Approved........0 Rejected..........0 Section 8. The City Clerk of the City or her designee is directed to: (a) present a certified copy of this ordinance to the Auditor at least 84 days prior to the date of such special election; and (b) perform such other duties as are necessary or required by law to submit to the City's voters at the aforesaid special election, for their approval or rejection, the proposition of whether the City shall issue the Bonds to pay costs of the Project and levy annual excess property taxes to pay and retire the Bonds. Section 9. For purposes of receiving notice of the exact language of the ballot title required by RCW 29A.36.080, the Council hereby designates the City Attorney as the individual to whom the Auditor shall provide such notice. The City Attorney is authorized individually to approve changes to the ballot title, if any, deemed necessary by the Auditor. Section 10. If any provision of this ordinance shall be declared by any court of competent jurisdiction to be invalid, then such provision shall be null and void and shall be separable from the remaining provisions of this ordinance and shall in no way affect the validity of -4- the other provisions of this ordinance, of the Bonds or of the levy or collection of the taxes pledged to pay and retire the Bonds. Section 11. This ordinance shall take effect and be in force from and after its passage and five days following its publication as provided by law. PASSED by the City Council of the City of Pasco, Washington, this 19th day of May, 2008, at a regular open public meeting, and signed in authentication of its passage this day of , 2008. CITY OF PASCO,WASHINGTON Joyce Olson,Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney -S- CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at-the regular meeting place thereof on May 19, 2008, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after the publication as provided by law. 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2008. CITY OF PASCO, WASHINGTON Debra L. Clark, City Clerk 50912194.1 AGENDA REPORT NO. 20 FOR: City Council May 14, 2008 TO: Gary Crutchfi Manager WORKSHOP: REGULAR: 5119108 FROM: David I. McDonald, City Planner SUBJECT: Sign Code Amendment(MF#CA-08-003) I. REFERENCEN: A. Proposed Ordinance II. 'ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. , amending PMC Chapter 17.05 dealing with sign lettering and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A. The current sign code was adopted over a year-and-a-half ago. Since that time, staff has had an opportunity to implement the code and see what has been effective and what has been unrealistic, with respect to real-life application. B. Recently, a sign permit was submitted for the new signage on the Dust Devils Stadium. Staff was only able to approve the proposed signage with limitations consistent with code restrictions which limits wall sign lettering to four feet in height. In the case of the Dust Devils Stadium, four-foot lettering would barely be visible from Burden Boulevard,which is located 1,200 feet away. C. After reviewing the proposed Stadium sign, it is apparent that there may be circumstances where it would be appropriate to permit wall sign lettering in excess of four feet in height. V. DISCUSSION: Following the discussion of the May 12`11 Council workshop, staff has prepared a code amendment to address the four-foot wall sign lettering issue. The attached code amendment repeals the four-foot height limitation for wall sign lettering. Wall lettering size would continue to be managed by the use of the 25 percent allowable surface area requirement for wall signs. 8(b) ORDINANCE NO. AN ORDINANCE AMENDING PMC Chapter 17.05 DEALING WITH THE HEIGHT OF WALL SIGN LETTERING. WHEREAS, cities have the responsibility to regulate and control physical development within their borders and promote the public health, safety and welfare of the community; and WHEREAS, the City of Pasco has sign regulations to enhance and maintain the aesthetic character of the community while permitting the identification of business locations within the city; and WHEREAS, the City Council has determined that to further the purposes of the sign code and the proper identification of businesses, it is necessary to amend PMC Chapter 17.05; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. That the Sign Allowance Table incorporated in Chapter 17.05 of the Pasco Municipal Code shall be and hereby is amended as follows: Permic requirement I Material restrictions I Number of signs 1 i Allowabte surface area in sq ft Qf 1 ! Height In fee[121 I I Pmleaton over ROW to curb line 1 ! I Spacing in linear feet(3) I - I I Visible ground plarie/passage area(4) ! i I I Setback from adjacent property line I Setback From ROW in feet i5) I I I I I I I s I I I I Duration(days) I I I I I ! Notes entry ex rees[an in Pe esra! e s n yes ura e 4 per exit/entry landmark wait s gn R aque yes dura ¢ bu per ilding frontage informational-pnyate wall s gn no durable 1 5 per builoing frontage treestan ding Peoesu a pa sign no dura a 4 per street frontage informational-public wail sign no dura e a Per building frontage treesuncting pe esta po a sign no dura e G per sheet Frontage "91,111 111.we esi emia istrrcis ,R-S-20, -5-12, -S-1, -1, 4 -t f4 - ,R-3, -41 RMHP identification..wt ing unit wall sign no durable 3 2 a per property reestan ing pedestal Poe sign no ura a pet property en[ canon- g comp x wa si n es ura a �4 per building frontage reesur, mg pe esta po a sign yes durable 1 24 per street f©ntage aycare facility wa sign yes durable 1 16 per budding frontage commercial freestanding pe esc Po e s gn yes ura a per street frontage scnoc to igious use 5 wall sign yes ura e 4 20 per building frontage estar. m Pedestal/pole sign yes durable 1 4 Per street frontage tree sun ing mai-ilveel'-werboa'd sign yes durable 1 24 IS per street frontage OfIrcefcommer"fat Sit(is- -R,BP. -1.1-2,1-3 C omposlte alfowance-all sign surfaces maximum per sign win ow sign no transparent na 25% 15 per building/street frontage awoq sin er us ness yes durable may extend over walkway ca_ anopy sign yes maintains na 24 B may extend over walkway wall.sign! yes CuTaole na na I 4- wall T- wall sign-mur s artwor yes maintain na na of commercial message a e,pro eci ng sign yes duraole •re9san i m esa e tea ¢f ar sign ys ura e 1 1 a 5 per street frontage yea durable �tfee&tandlng pole.tenant airectory sign yes durable up to 12 tenants per sign start ng po e s a. yes dwable 1 0 4 5 0 off-Premise dFrecdonal sign 4 yes I duratole Commercialfindustpial districts-C-3,C. maximum per sign reeway sign yes I dura n 3 0 560 fi S per freeway frontage per freeway or-freeway interchange sign Yes ura a per i 5 acre site minimum frontage property a reeway tea der oar sign yes ura a per 15 ave sloe minimum aermlt requinmlent 1 Material restrip'Pns I Numoerors:gns I ! I A--able surface area in sq h tll I ! I I Height:n feet(21 I I I I I Projection over ROW to curb line f I l I I I Spadng in anew feet(3) 1 1 1 1 1 1 Visib4 gnxna planelpassage area 443 I I i I 1 I I ,etoacA from adjacent property nne I 1 ! I I I I smack from ROW+n feet(5) I I I I I I I I I I I 1 I I Duration(slays) I I I I I I i (dotes I I I I I I I i I ere property Residential-lot freestanding pectesial/pole sign hItsi after closing •tract reastan m std e s n I Yes L ur 3 after,ast closing 76Y n*R -lot +aID a yyees s aftercong S Y[ dftlfCng-tract esl n construction l antler Sign yes w Cdnit feeSt I [ $ n es Lf rnnu Real eswe salevitirtals w bulklTrig c property Resiaenlial zones vn poster srgn no after uosirig ,reesta ing [a-po a sign tlw rio daratle I b 1 5 0 after closing star.1 sign• irecaona rsa ur a after Losing mmeraaizones Wnd-wPOSlrrsign no 1 2 after dosing nnersign na doratle after Closing Ifireesowng pecte5zaPpole sgn kily no cluraVe I b a atterc4osing Pe Knouse-sea estate sa is sa+tawic irecttan tw ura a NPIFEN 1 5 1 U lartef even Sa C 31tE 3 nO W e after even[ sptcial even -sales,c sties,etc. SCt10-i5,ChYrtl'.es.parks Sa 1Wt reC[[Un no u+d a ditef PYeAi farmers mkt,Xmas trees sanawic site no m e after event �nclo*poster no na after evebt rots ow rier no dwalile I after event oull s:gry annex no wa after event nner-murMe eesta mg _e M ur event marquee r ar r •ports nU Lra after event balloons no i r after event Psi ent vh zones sanoc " 4&cnona no r e after suer.[ sanawc site no ra e I a 4 1 5 u after event r—m-T—W —Ia :ones sanawiC open house IrtctiOrLW(10) no dwratle after event sail wit -srte(10) -ro Jr a after event w: ow poster no na 5W I I aftercvent wndorwbanner no dwFable afteravent 7 na inn no ae a after event . ane no dwable 1 1 5 0 after event marquee/reader boam-ports a no (Weacle I after event no - ra ma after event Ise est yes n after event n states ye to-nammatil I after event tca: r ester sing no I aufdvle I na 0 1 1 D lafter elect on Freestantling signs are not allowed within the axvmawn overlap zone. (1) The area within a continuous perimeter enclosing the outer limits of the sign face,but not including structural elements,which are not a part of the display. The area of a 2-sided sign equals the area of 1 side. The area of a spherical,cubical,or polyhedral sign equals 112 the total surface area. (2) Height-measured from the average finished grade at the sign foundation. Awning signs shall be at(east 8 and no more than 16 feet above the walkway. Blade/projecting signs shall not extend more than 10 feet above the building facade or 6 feet from the face of the building. (3) Spacing -the linear distance between signs in feet. (4) The area under the sign that shall be free of obstructions to allow passage of pedestrians and vehicles. (5) Setback • shall be that portion of any sign or sign structure that is closest to the property line. (6) Private incidental signs must be for an original purpose and may not simply repeat the same message over and over. (7) Artework shall not detract from appearance of other buildings in the immediate vicinity. (8) On private property adjacent to an arterial road - not within 100 feet of a public street intersection, 300 feet of a residential district, within 250 feet of a freestanding sign of 200 sf of display area_ (4) Freeway interchange signs must be located within 1•000 feet of an interchange,and 300 feet of freeway ROW.See Definition (10) Square feet per one face of a 2-sided sandwich board. (1 1) Window signs may include credit card logos and advertise hours of operation and address. (12) Balloons shall be no larger than 18 inches in diameter, not attached to a roofllne. (1 3) Inflatibles shall be securely anchored to the ground and not create a traffic or other hazard in the event of deflation. Inflatibles shall be measured by square feet of surface volume, (1 4) Off-premise directional sign-, shall be of the material, color,lettering font, and structure specified by the Building Official- (15) Excepting Pasco High School Bull Dogs stadium sign. (16) . (17) Campaign signs on private property are limited to 32 square feet in size- Section 2. This ordinance shall become effective 5 days after publication as required by law. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this 19th day of May,2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney A( ENDA REPORT NO. 19 FOR: City Council May 14, 2008 TO: Gary Crutchfi Manager WORKSHOP: REGULAR: 5/19/08 FROM: David I. McDonald, Qity Plannerlp'- _ SUBJECT: Subdivision Boundar} Fencing Standards (MF#CA-08-002) I. REFERENCE(S): Ii A. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 5/19108 MOTION: I move to approve Resolution No. , establishing city policy for construction of subdivision boundary fences. III. FISCAL IMPACT: Note IV. HISTORY AND FACTS BSIEF: I A. At their regular meeting of April 17, 2008 the Planning Commission held a workshop to discuss the need for a material standard for the construction of subdivision boundary fences. B. The general consensus of the Planning Commission was that the City Council should consider architectural block, high density polyethylene with vinyl posts and precast concrete wails s appropriate materials for subdivision fencing. Block walls were the preferred type f fencing. V. DISCUSSION: The practice of requiring common exterior subdivision fencing began in 1996 with the development of the Sunny Meadows subdivision. This subdivision was constructed with a perimeter fence consisting]of chain link and vinyl slats. The next major subdivision (built in 2000, Island Estates); was constructed with a perimeter fence of cedar. As additional subdivisions were added to the city, developers sought permission to substitute cedar look-alike materials and vinyl fencing. These synthetic fencing products were promoted as being less susceptible to warping, rotting, splitting, fading, and insect damage. The city has now had eight or more years of experience with various types of subdivision fencing materials and experience has shown that all types of fencing has maintenance issues. After discussing the merits of various types of fencing materials the consensus of the Planning Commission was that architectural block, high density polyethylene (HDPE) and pre-cast concrete panels would all be acceptable materials for subdivision fences. Architectural block was the preferred material followed by HDPE then pre-cast panels. Following the discussion of the May 12th Council workshop, staff has prepared a resolution, which if adopted, would establish city policy requiring subdivision boundary fences to constructed of architectural masonry block or pre-cast concrete panels. 8(c) RESOLUTION NO. A RESOLUTION establishing City policy on subdivision boundary fencing standards WHEREAS, the Comprehensive Plan encourages the beautification of major streets in the city; and WHEREAS, the construction of fences from different materials and styles along arterial streets creates a haphazard appearance; and WHEREAS, certain types of fencing material deteriorates quickly or is susceptible to damage creating unsightly conditions along major streets and, WHEREAS, the haphazard construction of fences along major streets with materials highly susceptible to damage and deterioration does not support or implement the goals of the Comprehensive Plan; and, WHEREAS, the haphazard construction of fences along major streets with materials highly susceptible to damage and deterioration does not support the purposes of the zoning regulations that are designed to promote a more favorable environment and attractive city; and, WHEREAS, the Planning Commission has taken note of the conditions of subdivision fences along major street and reviewed the issue during the April 17, 2008 Planning Commission meeting; and, WHEREAS,the Planning Commission concluded that for long-term maintenance and avoidance of eyesores, subdivision fencing should be constructed of low- maintenance durable materials such as architectural block, high density polyethylene or pre-cast concrete panels; and, WHEREAS, the first choice of the Planning Commission for low maintenance durable fencing materials was architectural block; and, WHEREAS, the City Council concurs with the Planning Commission's assessment of subdivision fencing and suggestion for use of durable construction materials; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That all subdivision boundary fences, where required by preliminary plat resolution, shall be constructed of architectural concrete block or poured concrete panels. Section 2. That a concrete mow strip shall be placed on the public side of subdivision boundary fences a minimum of 12 inches in width. " ' Passed by the City Council of the City of Pasco this 19th day of May, 2004. Joyce Olson,Mayor Sandy L. Kenworthy,Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attomey AGENDA REPORT TO: City Council May 8, 2008 FROM: Gary Crutch 1 anger Regular Mtg.: 5/19/08 SUBJECT: Council Cham ers Video Upgrade I. REFERENCE(S): 1. Memorandum to City Manager from Communications Specialist dated 5/7/08 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Council Chambers video upgrade project not to exceed $35,000 and, further, direct that the amount be included in the year-end general fund supplemental budget. MOTION: I move to approve the purchase of the Council Chambers video system backup equipment not to exceed $16,000 and, further, direct that the amount be included in the year-end general fund supplemental budget. III. FISCAL IMPACT: $35,000 - $52,000, depending upon conclusion IV. HISTORY AND FACTS BRIEF: A) Approximately two years ago, the City Council authorized installation of a video and new audio system by which to broadcast live the City Council, Planning Commission and Code Enforcement Board meetings on the city's governmental access channel available to the community through Charter Cable Communications. In order to keep costs down and "learn to walk before running," Council authorized at that time a basic installation with fixed cameras and no redundancy; the cost of the package at the time was about $80,000. B) Upgrading the video system, by adding a "pan/tilt/zoom" camera and improved lighting, would substantially improve the quality of the video recordings of meetings, for both live and subsequent broadcast purposes. The cost of these improvements is estimated at$35,000. C) The video system recently"crashed," preventing video recording and broadcasting of the city's meetings for the better part of a month. To avoid that problem, backup equipment could be acquired for about $16,000. V. DISCUSSION: A) The upgrade for the Council Chambers, permitting more close-up shots, etc., represents a "next level of improvement" step. While it is not essential, it would certainly improve the quality of the production and associated appeal to potential viewers. Half of the project cost is a one-time expense (engineering and electrical); the equipment should last several years. B) The backup recommendation should be implemented in order to assure that broadcasting capability is preserved. If viewership of PSC12 is to grow, the reliability factor must be improved. C) As both proposed expenditures are of a one-time nature, they can be viewed similar to capital expenditures and be charged against the general fund ending balance. 10(a) MEMORANDUM 05/07/08 TO: Gary Crutchfield, City Manager FROM: Denise Mellene, Communications Specialist RE: 2008 Council Chambers Video Upgrade In light of the recent events and after careful research, the recommendation below includes two components: 1) a back-up system to provide limited functionality in the event of a video switcher system failure; and 2) a fourth camera and required lighting to facilitate close-up shots. I recommend the following equipment purchase be authorized as soon as possible. Back-up: $16,500 1 would strongly recommend a back-up system be acquired immediately, to provide limited functionality in the event of future equipment failure. Currently, there is one road that goes from point `A' to point `B'; this will provide an alternate route if the first road is "closed." (For one evening of labor from the City of Richland the cost was nearly$300, the cost of the truck and labor would have been upwards of$1,200 per night. A back-up system would pay for itself in less than two months of meetings.) Chambers Upgrade: $35,000 This includes l camera, pan/tilt/zoom camera head, controller, lights, and mandatory electrical work (as determined by facilities). This will enable us to get close-up shots on the Council members, staff and a wide shot of the audience. Additional lighting for the Council members and staff is required to achieve an image of similar quality, clarity and definition of members who currently speak at the podium. (You can see the close-up shots on the current council meeting that is airing, though without the additional lighting the shots do not look clear and crisp as the shots of the podium speakers.) Camera Equipment: $12,000 Lighting Equipment: $6,000 Engineering/Electrical: $17,000 In summary if authorized the work should be completed within 60-90 days.