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HomeMy WebLinkAbout2009.11.16 Counil Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. November 16, 2009 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 November 2, 2009. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$1,433,025.97 (594,170.28 in the form of Wire Transfer Nos. 5338 and 5342; and 51,338,855.69 consisting of Claim Warrants numbered 174217 through 174448). 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$197,005.70 and, of that amount, authorize $135,847.21 be turned over for collection. (c) Legislative Consultant Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated November 5, 2009. 2. Proposed Agreement. To approve the agreement with Gordon Thomas Honeywell Governmental Affairs for state legislative consultant services and, further,authorize the City Manager to sign the agreement. (d) Resolution No. 3197, a Resolution approving the purchase of certain real property by the Sewer Utility Fund. 1. Agenda Report from Robert J. Alberts, Public Works Director dated November 12, 2009. 2. Vicinity Map. 3. Purchase& Sale Agreement. 4. Resolution. To approve Resolution No. 3197, approving the purchase of certain real property for a future waste water treatment plant and other possible facilities. *(e) Resolution No. 3198, a Resolution accepting work performed by Mahaffey Enterprises, Inc., under contract for the 2009 Sewer Line Extension—Whipple Avenue,Project No. 09-1-02. 1. Agenda Report from Michael McShane, City Engineer dated November 5, 2009. 2. Resolution. To approve Resolution No. 3198, accepting the work performed by Mahaffey Enterprises, Inc., under contract for the 2009 Sewer Line Extension—Whipple Avenue,Project No. 09-1-02. *(f) Resolution No. 3199, a Resolution accepting work performed by Inland Asphalt Company under contract for the Broadmoor Blvd Improvements and Sandifur Signal, Project No. 08-3-03. 1. Agenda Report from Michael McShane, City Engineer dated November 5, 2009. 2. Resolution. To approve Resolution No. 3199, accepting the work performed by Inland Asphalt Company, under contract for the Broadmoor Blvd Improvements and Sandifer Signal, Project No. 08-3-03. *(g) Resolution No. 3200, a Resolution accepting work performed by A&B Asphalt, Inc., under contract for the 2008 Street Reconstruction,Project No. 08-3-01, 1. Agenda Report from Michael McShane, City Engineer dated November 5, 2009. 2. Resolution. To approve Resolution No. 3200, accepting the work performed by A&B Asphalt, Inc., under contract for the 2008 Street Reconstruction, Project No. 08-3-01. Regular Meeting 2 November 16,2009 *(h) Resolution No.3201, a Resolution accepting work performed by Inland Asphalt Company under contract for the Road 68 Overlay north of Sandifur Parkway,Project No. 09-3-03. 1. Agenda Report from Michael McShane, City Engineer dated November 5, 2009. 2. Resolution. To approve Resolution No. 3201, accepting the work performed by Inland Asphalt Company, under contract for the Road 68 Overlay north of Sandifur Parkway, Project No. 09-3-03. *(i) Resolution No. 3202, a Resolution accepting work performed by Winthrop Construction, Inc., under contract for the Fire Station#83 Vehicle Storage Project. 1. Agenda Report from Michael McShane,City Engineer dated November 4, 2009. 2. Resolution. To approve Resolution No. 3202, accepting the work performed by Winthrop Construction, Inc., under contract for the Fire Station#83 Vehicle Storage Project. {RC MOTION: I move to approve the bm_e d:Agenda as read. 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 October 2009. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Q*(a) Street Vacation: south 10 feet of Spokane Street between Wehe Avenue and California Avenue(Catholic Housing Services of Eastern WA)(MF#VAC09-013). 1. Agenda Report from David I. McDonald, City Planner dated November 12, 2009. 2. Vicinity Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating the south 10 feet of Spokane Street, from the east line of California Avenue to the west line of Wehe Avenue. MOTION: l move to adopt Ordinaiucc. , vacating the south 10 feet of Spokane; Strcet Froin the east Bate of California Avertue to the west line of Wehe Avenue and.. further, authorize publication by summary only. (b) 2010 Property Tax Levy. I- Agenda Report from Gretchen Conner, Interim Finance Manager dated October 21, 2009. 2. Tax Levy Rate History Chart. 3. Assessed Value History Chart. 4. Summary of Options. 5. Ordinance for the 2010 Ad Valorem Tax. 6. Ordinance Preserving Property Tax Levy Capacity. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance Providing for the 2010 Ad Valorem Tax Levy, a levy for the 1999 Unlimited Tax General Obligation Bonds and a levy for the 2002 Unlimited General Obligation Refunding Bonds in the City of Pasco in accordance with state law. MOTION. l inove to adopt Ordinance _ providing For the 2010 Ad Valorern `Fax Levy, a levy for the 1999 Unlimited 'Fax Geiu:ral Obli-ation Bonds and the 2002 Unlimited Tax general Obligation Refunding Bonds, Ordinance No. , an Ordinance preserving the Property Tax Levy Capacity in the City of Pasco,Washington for fiscal years after 2010 in accordance with state law. M(1'1'ION: I move to adopt Ordinance , preserving Property Tax Levy Capacity for Fiscal years after 2010 in accordance wit#: state law- Regular Meeting 3 November 16,2009 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (none) 9. UNFINISHED BUSINESS: (none) 10. NEW BUSINESS: Q*(a) Special Permit (Appeal MF# SP009-005) location of a Level 1 Community Service Facility at 3901 W. Court Street(Planned Parenthood). 1. Agenda Report from Rick White, Community & Economic Development Director dated November 10, 2009. 2. Vicinity Map. 3. Binder containing the Hearing Record (Council packets only; copies available for public review in the Planning office, the Pasco Library or on the city's webpage at: htt,li://www.Mco-wa.w,ov/�eneralinfo/ci(N.,councilm))[U). 4. Motions. CONDUCT A CLOSED RECORD HEARING 1. Motion to Accent the Planning Commission Recommendation: (Deny the application) MOTION 1: I move to concur with the Findings of Fact of the Planning Commission and deny a Special Permit for a Level I community service facility at 3901 W. Court Street. 2. Motion to Approve a Level 1 Community Service Facility at 2901 W. Coj=Street: MOTION 2: 1 move to accept the staff recommendation for approval of a Level 1 community service facility at 3901 W. Court Street, and table action on the Special Permit application until December 7, 2009 to allow staff time to prepare a resolution of approval. 3. Motion to Approve the Application with Modified Conditions: MOTION 3: I move to table action on the Special Permit application until December 7, 2009 to allow staff time to prepare a resolution of approval with the following additional or modified conditions (list the conditions). 4. Motion to Remand back to the Planning Commission: MOTION 4: I move to remand the Special Permit application to the Planning Commission for further review on (list the items of concern that need additional review or clarification). (b) Professional Services Agreement West Pasco WT Startup Assistance: 1. Agenda Report from Robert J.Alberts,Public Works Director dated November 12,2009. 2. Vicinity Map. 3. Professional Services At5ecment. MOTION: 1 move to approve the Professional Service:, Agre+enient with RDR, Inc-, authorizing assistance for stattup services at the new West Pawn Water T'rca(mcnt Plaut cyn a time and material k asis not to exc4ed S26,500 an.ci, further, authorize the City Manager to sign the agreement. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. Regular Meeting 4 November X6, 2009 (RC) Roll Call Vote Required * item not previously discussed MF# "Master File #,..." Q Quasi-Judicial Matter REMINDERS: 1. 4:00 p.m., Monday, November, 16, Parks & Recreation Classroom — Regional Oversight Committee Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS) 2. 6:00 p.m., Monday, November 16, Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS) 3. 11:30 a.m,, Wednesday, November 18, 7130 W. Grandridge Blvd. — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.;TOM LARSEN, Alt.) 4. 12:00 p.m., Thursday, November 19, 515 W. Clark Street — Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.,MATT WATKINS, Alt.) 5. 11:30 a.m., Friday, November 20, Sandberg Event Center, West Richland — Benton Franklin Council of Governments Board Meeting. (MAYOR JOYCE OLSON, Rep.; BOB HOFFMANN,Alt.) 6. 4:00 p.m., Monday, November 23, Port of Benton, Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; AL YENNEY, Alt). City Hall will be closed Thursday& Friday, November 26& 27 for the Thanksgiving Holiday The November 23 Workshop Meeting has been rescheduled to Monday, November 30 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 2, 2009 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 Hoffrnann, Tom Larsen, Joyce Olson, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Bob Alberts, Public Works Director; Mike McShane, City Engineer; and Jim Raymond, Police Captain. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated October 19, 2009. (b) Bills and Communications: To approve General Claims in the amount of$2,598,921.24 ($78,923.68 in the form of Wire Transfer Nos. 5331 and 5332; and $2,519,997.56 consisting of Claim Warrants numbered 174010 through 174216). To approve Payroll Claims in the amount of$1,849,857.24, Voucher Nos. 40361 through 40453; and EFT Deposit Nos. 30033175 through 30033722. (c) PUD Easement in Heritage Park (MF #INF009-101): To authorize the City Manager and City Clerk to sign the document granting the Franklin County PUD an easement across a portion of Heritage Park for electrical power lines. (d) Tourism Promotion Area: To approve the 2010 operating budget for the Tourism Promotion Area in the total amount of$810,000. (e) Final Plat: Three Rivers Crossing Division 2, Phase 2 (Hayden Homes) (MF #FP09-006): To approve the Final Plat for Three Rivers Crossing Division 2, Phase 2. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Mr. Mac Miller addressed Council regarding a rock in Volunteer Park. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mayor Olson reported on the Syngenta Grand Opening Celebration and recorded the Monthly Mayor's Report on KONA radio. Mr. Yenney noted video on demand is now available on the City's web page. I 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 2, 2009 Mr. Watkins attended the Syngenta Grand Opening Celebration. Mr. Hoffinann reported on a meeting with the Mid-Columbia Library District. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Local Improvement District No. 147 to Create LID for California Avenue from Broadway Boulevard to Bonneville Street and Bonneville Street from Oregon Avenue to California Avenue. Council and staff discussed the proposed LID. MAYOR OLSON RECONVENED THE PUBLIC HEARING, Mr. Alan Higley, 20007 S. Finely Rd. Kennewick, representing property owners Conn & Lois Higley, spoke against the LID. Mr. Ed Goulet; 4913 Dradie, spoke against the LID. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED, Ordinance No. 3939, an Ordinance of the City of Pasco, Washington, relating to City street improvements; ordering the improvement to approximately 1100 feet of California Avenue south of Broadway Street and 600 feet of Bonneville Street east of Oregon Avenue, to City street standards all in accordance with Resolution No. 3182 of the City Council; establishing Local Improvement District No. 147, 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. Council discussed the apparent level of opposition to the proposed LID. MOTION: Mr. Watkins moved to adopt Ordinance No. 3939, creating Local Improvement District 147 for California Avenue from Broadway Boulevard to Bonneville Street and Bonneville Street from Oregon Avenue to California Avenue and, further, authorize publication by summary only. Ms. Francik seconded. Motion failed unanimously. Access and Utility Easement Vacation (Access and Utility Easements in the east half of Section 15, T9N, R29E) (Linda Loviisa) (MF #VAC09-012). Mr. White explained the details of the proposed vacation. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST, AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3940, an Ordinance vacating Access and Utility Easements in Section 15, Township 9 North, Range 29 East,W.M. MOTION: Mr. Watkins moved to adopt Ordinance No. 3940, vacating access and utility easements in Section 15, Township 9 North, Range 29 East and, further, to authorize publication by summary only, Ms. Francik seconded. Motion carried unanimously. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 2, 2009 ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Special Permit (Appeal) Location of a Corn Maze/Farm in an RS-20 Zone (2000 Block of Road 72) (Haywire Farms) (MF #SP09-007). Mr. White explained the background of the Special Permit application. Mr. Yenney declared he read an article in the Tri City Herald about this issue, but was not influenced in any way. Mr. Watkins declared he read some headlines in the Tri City Herald, but will base his decision on the planning commission record only. MAYOR OLSON OPENED THE CLOSED RECORD HEARING. Mr. Kerr explained the closed record hearing process. Council discussed the planning commission record. MOTION: Mr. Watkins moved to table action on the Special Permit application until December 7, 2009 to allow staff time to prepare findings to support denial of the Special Permit. Mr. Yenney seconded, Motion carried 5-2, No-- Larsen, Hoffmann. Ordinance No. 3941, an Ordinance of the City of Pasco, Washington, amending the zoning classification of Lot 2 and the westerly 50 feet of Lot 1, Block 1 Cline Addition from R-1 (Low Density Residential) to C-1 (Retail Business) with a concomitant agreement. Council and staff discussed the proposed rezone. MOTION: Mr. Watkins moved to adopt Ordinance No. 3 94 1, granting a rezone for a parcel of land at 4215 West Court Street from R-1 to C-1 with a concomitant agreement as recommended by the Planning Commission and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. UNFINISHED BUSINESS: Local Improvement District No. 146 for the Kurtzman Park Neighborhood Improvements, Phase 1: Council and staff discussed the proposed LID. Ordinance No. 3932, an ordinance of the City of Pasco, Washington, relating to City street improvements; ordering the improvement to approximately 3400 feet in total, of Elm Avenue, north of Alton Street and south of Lewis Street and Sycamore Avenue, Hugo Avenue, Waldemar Avenue and Cedar Avenue north of"A" Street and south of Butte Street and Butte Street east of Elm Avenue and west of Cedar Avenue, to City standards, to include curb, gutter, sidewalks, storm drainage system, street lighting, and roadway improvements all in accordance with Resolution No. 3179 of the City Council; establishing Local Improvement District No. 146, 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: Mr. Watkins moved to amend Ordinance No. 3932, creating LID No. 146 for Kurtzman Park Neighborhood Improvements Phase I, by removing properties on Sycamore Avenue, north of AIton Street, and reducing the cost accordingly as presented 3 MINUTES REGULAR MEETING PASCO CITY COUI�TCIL NOVEMBER 2, 2009 in the proposed amended Ordinance 3932. Mr. Garrison seconded. Motion carried unanimously. MOTION: Mr. Watkins moved to adopt Ordinance 3932, as amended. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: Improvements to the Martin Luther King Center: Mr. Terway explained the details of the proposed improvements. MOTION: Mr. Watkins moved to award the contract for the remodel of the Martin Luther King Center Project to Dardan Enterprises, Inc., in the amount of$103,461.00 plus sales tax, including the base bid, and alternate bid number one (1) Accessibility to Gym, and alternate number two (2) Hot Water Heater upgrades and, further, authorize the Mayor to sign the contract. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. Commercial Avenue Water and Sewer Pipelines Project No. 10-2-01: Mr. Alberts explained the details of the proposed project. MOTION: Mr. Watkins moved to award the low bid for Commercial Avenue Water and Sewer Pipelines Project No. 10-2-01 to Premier Excavation in the amount of 5456,618.00, plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. Award 2009 Sewer Lining Project No. 09-1-01: Mr. McShane explained the details of the proposed project. MOTION: Mr. Watkins moved to award the low bid, including alternate area 1, 2, 3 & 4, for the 2009 Sewer Lining Project No. 09-1-01 to RePipe-California, Inc., in the amount of$346,242.50,plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. MOTION: Mr. Watkins moved to amend the agenda to hear the Columbia River Crossing Study issue under New Business. Ms. Francik seconded. Motion carried unanimously. Columbia River Crossing Study: Council and staff discussed participation in the study and a possible motion. Mr. Brad Peck, 200 Rd 34, Franklin County Commissioner, believes the motion sends a confusing message. MOTION: 1Vlr. Watkins moved to commit Pasco to the Columbia River Crossing Study in the amount of$18,750 with the expressed purpose to best assure relief of urban traffic congestion. Ms. Francik seconded. Motion carried by the following Roll Call vote: Yes— Francik,Watkins, Garrison, Olson. No— Hoffinann, Larsen, Yenney. MISCELLANEOUS DISCUSSION: Council agreed to discuss the Consolidation Study after further inquiry from the Community Roundtable. Council set the 2010 Budget Workshop meeting for Monday November 9`h at 6 pm. Council postponed the November 23`d Workshop meeting until November 30`x'. 4 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 2, 2009 Mr. Watkins encouraged everyone to vote. Mayor Olson noted Council Meetings will soon be simulcast on the city's web page. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:41 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 16'' day of November, 2009. 5 CITY OF PASCO Council Meeting of; November 16, 2009 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the Vnst ereby ertify under penalty of perjury that the materials have been furnished, the services bor p ormed as described herein and that the claim is a just,due and unpai obligatio and t at we are authorized to au7Z;;claim. Gary Cru chfield, City M nager nterim 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 5338 and 5342 in the amount of$94,170.28, have been authorized;that Check No.s 174217 through 174448 are approved for payment in the amount of$1,338,855.69, for a combined total of$1,433,025.97 on this 16th day of November,2009. Councilmember Councilmember SUMMARY OF CLAIMS[WIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 477.32 Judicial 17,784.97 Executive 23,020.40 Police 107,825.10 Fire 11,762.39 Administration & Community Services 104,816.60 Community Development 2,009.64 Engineering 2,745.71 Non-Departmental 59.064.20 Library 3,215.27 TOTAL GENERAL FUND, 332,721.60 STREET 120,705.28 C. D, BLOCK GRANT 8.440.69 KING COMMUNITY CENTER 3,652.15 AMBULANCE SERVICE 7,473.29 CEMETERY 5,865.93 ATHLETIC PROGRAMS 362.98 SENIOR CENTER 6,719.21 MULTI MODAL FACILITY 3,874.64 RIVERSHORE TRAIL&MARINA MAIN 1,252,40 LITTER CONTROL 1,872.60 REVOLVING ABATEMENT 194.12 PARKS FUND 0.00 TRAC DEVEL& OPERATING 89,148.10 STADIUMICONVENTION CENTER 769.02 SPECIAL ASSESSMNT LODGING 19,140.64 GENERAL CONSTRUCTION 10,340.38 WATERISEWER 418,484.46 EQUIPMENT RENTAL-OPERATING 34,897.61 INDUSTRIAL DEVELOPMENT& INFRASTRUCTURE 1,445.91 MEDICALIDENTAL INSURANCE 94.170.28 CENTRAL STORES 1,430.73 PUBLIC FACILITIES DIST 28,088.09 PAYROLL CLEARING 44,058.89 LID CONSTRUCTION 196,315.85 TRI CITY ANIMAL CONTROL 1,601.12 GRAND TOTAL ALL FUNDS: $ 1,4333025.97 3(b). 1 AGENDA REPORT FOR: City Council DATE: November 10,2009 TO: Gary Crutchfi anager REGULAR: November 16,2009 Rick T ay, dminis rative&Community Services Director FROM: J' has nce Manager SUBJECT: BAD DE I ' I. REFERENCE IS}: Write-off and collection lists are on file in the Finance Department. ll. ACTION REQUESTED OF C [JNCIL/�T F�,f?FCC)14!IN9_F._'JrlAT1ONS: MOTION: 1 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 $197,005.70 and, of that amount, authorize$13 5,847.21 be turned over for collection. Ill. HISTORY AND FACTS BRIEF: 1- UT[LITY 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 S10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. QQIRT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. QQQa. C7 C:ENtENT — 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 $ 5.00 1,591.46 1,596.46 Ambulance $ 61,058.49 4,895.75 65,954.24 Court A/R $ 00 128,606.00 128,606.00 Liens $ .00 224.00 224.00 Cemetery $ .00 .00 .00 General $ 95.00 .00 95.00 Miscellaneous S .00 530.00 530.00 TOTAL: S 61,158.49 135,847.21 197,005.70 IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b).2 AGENDA REPORT TO: City Counci November 5, 2009 FROM: Gary Crutch_ l Manager Workshop Mtg.: 11/9/09 Regular Mtg.: 11/16/09 SUBJECT: Legislative Co sultant Agreement I. REFERENCE(S): 1. Proposed Agreement II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 11/9: Discussion 11/16: MOTION: I move to approve the agreement with Gordon Thomas Honeywell Governmental Affairs for state legislative consultant services and, further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: Total: $27,000; General Fund IV. HISTORY AND FACTS BRIEF: A) The city has employed the services of a legislative consultant for each of the past six years. In doing so, the city has realized the following accomplishments that would likely not have happened if not for the particular services of the consultant work: • $5.2 million legislative appropriation for construction of the Ainsworth Overpass Project(2004); • Preservation of the rental inspection program; • $400,000 legislative appropriation for construction of the Court Street Pedestrian Overpass of SR395 (2007); • $3,000,000 legislative appropriation in the 2009-11 state transportation budget for the Lewis Street Overpass. B) GTH has offered to continue services for Pasco, at the rate of$3,000 per month, with a contract term through June 2010; the resulting cost is $24,000 (plus $3,000 in reimbursables). While the consultant will perform the general legislative duties listed, of particular value will be the consultant's effort to obtain additional state funding assistance for the Lewis Street overpass, a long-desired project of the city which is simply too costly for the city to construct on its own. V. DISCUSSION: A) The value of an effective legislative consultant is clear when measured by the success the city has realized over the past six years. Continuing such a relationship is imperative if the city desires to continue to seek assistance via the state legislature (whether by appropriation or statutory language). B) GTH accomplished no small feat in the 2009 session by helping obtain legislative appropriation of $3,000,000 for the Lewis Street Overpass. While our legislators were instrumental in this endeavor, they were aided greatly by the effort of GTH coordinating with other legislators (particularly legislative leadership). That funding will allow the design to be completed and right-of-way acquired over the next year. C) GTH has the advantage of a Washington D.C. office; thus, the opportunity to pursue a coordinated effort (state and federal) to obtain the funding assistance necessary for construction of the Lewis Street Overpass project. The proposed scope of work will not only address the city's 2010 legislative agenda, but will also continue the "federal/state" action plan specifically aimed at the Lewis Street overpass objective, D) In view of the potential 2010 legislative benefits and the need to pursue overpass construction funds, staff recommends approval of the proposed agreement. 3(c) CITY OF PASCO CONSULTING AGREEMENT This Agreement is entered into by and between City of Pasco and Gordon Thomas Honeywell Governmental Affairs (hereinafter referred to as "Consultant"), upon the following terms and conditions: A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein, and Consultant will do and produce such other things as are set forth in the Scope of Work (the "Services"). Consultant's Services will be in compliance with applicable laws, regulations, rules, orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such documents as may be required to effect or evidence such compliance. B. Compensation; Expenses. The City of Pasco will pay Consultant for satisfactorily rendered Services in accordance with the specific terms set forth in Attachment"A." C. Invoices; Payment. Consultant will furnish the City of Pasco invoices at regular intervals, as set forth in Attachment "A," D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in Attachment "A" and shall terminate same on the date set forth in Attachment "A," unless earlier terminated by mutual agreement. The City of Pasco or consultant may terminate consultant services for convenience at any time prior to the termination date set forth in Attachment A, provided that either party provides 30-days notice. E. Ownership of Work Product. The product of all work performed under this agreement, including reports, and other related materials shall be the property of the City of Pasco or its nominees, and the City of Pasco or its nominees shall have the sole right to use, sell, license, publish or otherwise disseminate or transfer rights in such work product. G. Independent Contractor. Consultant is an independent contractor and nothing contained herein shall be deemed to make Consultant an employee of the City of Pasco, or to empower consultant to bind or obligate the City of Pasco in any way. Consultant is solely responsible for paying all of Consultant's own tax obligations, as well as those due for any employee/subcontractor permitted to work for Consultant hereunder. H. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify and hold harmless the City of Pasco from and against all claims, liabilities, damages and costs arising directly or indirectly out of, or related to, Consultant's fault, negligence, strict liability or produce liability of Consultant, and/or that of any permitted employee or subcontract or Consultant, pertaining to the Services hereunder. I. Assignment. Consultant's rights and obligations hereunder shall not be assigned or transferred without the City of Pasco's prior written consent; subject thereto, this Agreement shall be binding upon and inure to the benefit of the parties' heirs, and successors. J. Governing Law; Severability.This Agreement shall be governed by the laws of the State of Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of this Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction hereover (excluding arbitrators), such term or provision shall not affect the validity or enforceability of any remaining terms or provisions of this Agreement, and the court shall, so far as possible, construe the invalid portion to implement the original intent thereof. K. Arbitration. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event such dispute cannot be resolved by agreement of the parties, such dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the:Mandatory Rules of Arbitration (MAR); venue shall be placed in Pasco, Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. L. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state the entire agreement between the parties regarding the subject matter hereof and supersede any prior agreements or understandings pertaining thereto. Any modification to this Agreement must be made in writing and signed by authorized representatives of both parties. Any provision hereof which may be reasonably deemed to survive the expiration or termination of this Agreement shall so survive, and remain in continuing effect. No delay or failure in exercising any right hereunder shall be deemed to constitute a waiver of any right granted hereunder or at law by either party. Consultant: City of Pasco: Gordon Thomas Honeywell Governmental Affairs Tim Schellberg, President Gary Crutchfield, City Manager Date; Date; 2009-2010 Legislative Services Agreement Page 2 ATTACHMENT "A" TO CITY OF PASCO CONSULTING AGREEMENT A. Scope of Work: Consultant shall provide the City of Pasco with the following governmental affairs services: General Washington State Legislative Service • Identify and track all relevant legislation • During the legislative session, provide the City with weekly reports and tracking lists. • Attend all relevant legislative hearings. • Attend all relevant legislative meetings. • Coordinate City officials to testify at relevant legislative hearings. • Lobby to amend, defeat or pass legislation or budgets that directly affect the City's interests. • Strengthen relevant legislative relationships between the City, state legislators, and executive offices. • Work with the City to develop a state budget request and lobby the Legislature to fund the request. Specific Legislative Issues: • Draft, introduce, and lobby, in concert with other affected lobbyists, legislation amending the regional public facility district authority for the Tri-cities. • Oppose legislation that hinders City's rental inspection program. • Work with the Association of Washington Cities on other municipal legislation, including brokered natural gas, urban development standards, etc. • Begin lobbying on selected 2011 Budget requests during the legislative interim. B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of $3,000 for the services listed above. Consultant shall only bill communication expenses, such as travel to Pasco. The expenses shall not exceed $3,000 for the term of the contract. C. Invoices/Payments: (a) Consultant shall furnish the City of Pasco with invoices for services performed on a monthly basis, and (b) the City of Pasco shall pay each of Consultant's invoices within thirty (30) days after City's receipt and verification of invoices. D. Term of Agreement: Consultant's services shall commence on November 1, 2009 and shall terminate on June 30, 2010. E. Extension of Prior Agreement: That Agreement between City and Consultant fixed to expire on June 30, 2009 is hereby extended in all respects so as to expire on October 31, 2009. 2009-2010 Legislative Services Agreement Page 3 AGENDA REPORT NO. 36 FOR: City Council November 12, 2009 TO: Gary Crutchfiel R Manager FROM: Robert J. Albers, Public Works Director Regular Mtg., 11/16/09 SUBJECT: Purchase of 11 acres on Road 111, Pasco I. REFERENCE(S): 1. Vicinity Map 2. Purchase Sale Agreement 3. Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: ATIONS: 11/16: MOTION: I move to approve Resolution No. 3 1 Q 7 approving the purchase of certain real property for a future waste water treatment plant and other possible facilities. III. FISCAL IMPACT: Sewer Utility IV. HISTORY AND FACTS BRIEF: A) Staff recently obtained a contingent purchase agreement for an 1 l-acre parcel adjacent the site of the second water treatment plant. The offer is contingent on an acceptable Phase 1 Environmental Review and City Council approval. B) The City purchased the 5 acre site for the second water treatment plant (adjacent to the l l acre parcel) for $225,000 in 2007. V. DISCUSSION: A) Staff believes this property would lend itself well to a future waste water treatment plant and other possible public facilities. Any facility built would need to go through the process of obtaining a special use permit. During the permit process, the technology that would be used for treatment, process control, solids handling and odor control would be identified. The need of such facilities is projected for no sooner than 5-10 years. B) City contracted with PBS Environmental Engineers to do the environmental site assessment. Review shows no evidence of adverse environmental conditions. Staff recommends Council authorize the City Manager to purchase the property in the agreed amount of$300,000 with funds from the sewer utility, 3(d) g kit`` i i kol 71 ♦' �� � , N � �- �rti O a REAL ESTATE PURCHASE AND SALE AGREEMENT T111S REAL ESTATE PURCHASE AND SALE AGREEMENT, is dated this day of 2009, between the City of Pasco, Washington a Washington Municipal orporation, hereinafter referred to as "Buyer", and Tri-Cities Chaplaincy, a Washington Non-Profit Corporation, hereinafter referred to as "Seller, " the following described real estate in the County of Franklin, State of Washington, legally described in Exhibit A attached hereto and identified as Tax Parcel No. 118-180-180 in the records of the Franklin County Assessor. 1. Received from Buyer, the sum of Five Thousand Dollars (55,000.00) in the form of a check which has been deposited with Benton-Franklin Title Company in Kennewick, Washington ("Closing Agent") as earnest money (any earnest money check shall be deposited only after mutual acceptance) and as a credit to Buyer of the above described real estate, which Buyer agrees to buy and Seller agrees to sell the property, located in Franklin County, Washington, and legally described in Exhibit A attached hereto. 2. Total purchase price is THREE HUNDRED THOUSAND DOLLARS ($300,000.00),payable all in cash at closing, with credit for earnest money on deposit. 3. Buyer represents that they have sufficient funds available to close this sale in accordance with this Agreement,and are not relying on any contingent source of funds. 4. Title of Seller is free and clear of liens or encumbrances, except existing future governmental charges for irrigation assessments, LIDs or other improvements, rights, reservations, covenants, conditions and restrictions presently of record, easements and encroachments of records or of apparent use. All such items shall not be deemed encumbrances or defects for purposes hereof. Further, title is not warranted nor the condition of the property is warranted as to its present condition, use (authorized or unauthorized), nor environmental condition. Any monetary encumbrances appearing of record shall be discharged by Seller and may be paid out of Buyer's money at date of closing. Buyer takes the property as is, subject to the terms and conditions listed in Section b below, and with regard to any and all zoning requirements considering its use and occupancy. 5. Seller shall furnish to Buyer, a standard form owner's or buyer's policy of title insurance. Seller shall furnish to Buyer, as soon as practicable prior to closing, a preliminary comritment for said tide insurance issued by a Title Insurance Company selected by Seller. The title policy to be issued shall contain no exceptions other than those provided for in the standard form,plus encumbrances, defects or other matters as provided for and identified in this Agreement. Buyer shall conclusively be deemed to have accepted the condition of title unless Seller receives actual notice of Buyer's objections within fifteen(15)days after the preliminary commitment for title insurance is received by and made available to Buyer. If title is not so insurable, and cannot be made so insurable prior to closing,Buyer may elect either to waive such encumbrances or defects,or to terminate this Agreement and receive a refund of the earnest money. Buyer shall be entitled to no recovery of damages beyond a refund of the earnest money deposit. Buyer acknowledges that a standard form of title insurance does not insure the location of boundaries and that an extended form of insurance is available at additional cost to the Buyer. Real Estate Purchase&Sale Agreement- 1 6. Title to the real property purchased shall be conveyed by special warranty deed free of encumbrances and defects except those included in this Agreement or otherwise acceptable to Buyer. 7. Seller represents that it has authority to enter into this transaction and that Buyer may rely on Seller's signature as affixed hereto. 8. Buyer's obligations to this Real Estate Purchase and Sale Agreement are subject to the following contingencies: (a) Formal approval by the Pasco City Council; (b) The performance of an Environmental Assessment, Phase I inspection of the property demonstrating, to the satisfaction of the Buyer, that the property is free of environmental contaminants. Buyer shall bear all costs of the Environmental Assessment and Seller agrees that Buyer and its representatives (including environmental consultants, architects and engineers) will be afforded the right and opportunity to enter the property and conduct any and all tests and inspections necessary to complete the Environmental Assessment Phase I inspection; and (c) Buyer shall act promptly to investigate these contingencies and determine to its satisfaction, not less than one week prior to closing,that the contingencies have been met. In the event any of the contingencies above have not been met, the Buyer shall, at its sole option, terminate this Agreement, or waive that contingency. 9. This sale agreement shall be closed on or before December 30, 2009 by Benton-Franklin Title Company in Kennewick, Washington. "Closing' means the date on which all documents are recorded and the sale proceeds are available for disbursement to Seller. Buyer and Seller shall deposit with closing agent all documents and monies required to complete this sale in accordance with this Agreement Both Buyer and Seller agree to cooperate with one another to close this sale according to the terms and conditions as contained herein. In the event the sale cannot be closed because of a prohibition by the City of Pasco, or any other governmental entity, then the earnest money shall be retumed to the Buyer and this Agreement shall be at an end without further liability of either party to the other as a result of this Agreement. 10. Seller and Buyer shall each pay their own attorney's fees and costs. Seller and Buyer shall share equally the escrow fees incurred for closing the sale. Seller shall pay, if any, the Washington state real estate excise tax as may be incurred in the sale of the property. Seller shall pay the casts of title insurance except as otherwise provided for in this Agreement. Taxes for the current year, if any, shall be provided as of the date of closing. All other utility charges constituting liens shall.be prorated as of the date of closing. All other closing costs shall be charged as are normally charged to Buyer and Seller in the closing of real estate transactions in the state of Washington. 11. Buyer shall be entitled to possession on closing. 12. Buyer's rights under this Agreement may not be assigned by Buyer without Seller's prior written consent,which consent shall not be unreasonably withheld. Real Estate Purchase&Sale Agreement-2 13. The Buyer is represented by Kerr Law Group. 14. Unless otherwise specified in this Agreement,any and all notices required or permitted to be given under this Agreement must be given in writing. Notices to Seller must be signed by at least one of the Buyers and shall be deemed to be given when actually received by Seller or by Seller's agent. Notices to Buyer must be signed by at least one Seller or by Seller's attorney and shall be deemed to be given when actually received by the Buyer or Buyer's attorney. Actual receipt shall be deemed to have been given to Buyer on the third day following the date of mailing said notice to Buyer by United States Mail,postage prepaid. 15. Unless otherwise expressly specified herein, any period of time specified in this Agreement shall expire at 5:00 p.m. on the last calendar day of the specified time period,unless the last day is Saturday, Sunday, or legal holiday, as prescribed in RCW 1.16.050, in which event, the specified time shall expire at 5:00 p.m. on the next business day. Any specified period of five(5) days or less shall include business days only. 16. Time is of the essence. There,are no verbal agreements which modify this Agreement. This Agreement constitutes the full understanding between Seller and Buyer. Buyer has personally observed the property and has reached Buyer's own conclusion as to the adequacy and acceptability of the property based upon such personal inspection. All size, dimensions, acreages and/or boundaries used in marketing for identifying the property are understood to be approximations and are not intended to be relied upon to determine the fitness or value of the property. 17. If this Agreement is terminated for any reason, any costs authorized under this Agreement to be advanced from the earnest money deposit and cancellation fees of the title company and closing agent shall be deducted before the remaining earnest money is refunded to Buyer or forfeited to Seller. If a dispute should arise regarding the disbursement of any earnest money, the party holding the earnest money may interplead the funds into Court. Furthermore, if either Buyer or Seller defaults, the non-defaulting party may seek specific performance or damages, and the Seller may, under some circumstances, retain the earnest money as liquidated damages. However, the Sellers remedy shall be limited as follows if the paragraph below has been initialed by both parties. In the event the Buyer fails, without legal excuse, to complete the purchase of the Property,the earnest money deposit made by the Buyer shall be forfeited to the Seller as the sole and exclusive remedy available to the Seller for such failure. Furthermore, if the earnest money deposited exceeds five percent (5%) of the sale price, Seller may retain as liquidated damages and as Seller's sole remedy earnest money equal to only 5%of purchase price; any additional earnest money shall be refunded to Buyer. Buyer: Seller: 18. This Agreement effects legal rights and obligations and will have tax implications. Each of the parties hereto acknowledge the understanding that they must each seek their own individual and independent attorneys, accountants and tax advisors with regard to this Agreement and its implications. Real Estate Purchase&Sale Agreement-3 19. Seller hereby grants to Buyer from and after the date of closing all rights Seller shall have under any and all lease agreements affecting the property subject to this Real Estate Purchase and Sale Agreement. Seller hereby grants and conveys to Buyer from and after the date of closing any and all water rights affecting or appurtenant to the property subject to this Real Estates Purchase and Sale Agreement. 20. Seller hall have a reasonable time to accept or reject this offer, which time shall expire at 5:00 p.m. ; �+�-• V ' If this offer is not so accepted, it shall lapse. BUYER: CITY OF AS ,WASHING ON By: f I 1p 10°l Gary rutchfiel , 'ty- ager Date IV On this day of J ��-1, 2009, Seller agrees to sell the property on the terms and conditions as set forth in this Agreement. SELLER: TRI-CITIES CHAPLAINCY By: Bette Cooper, Executive Director Real Estate Purchase&Sale Agreement-4 STATE OF WASHINGTON ) :ss County of Franklin ) On this day personally appeared before me GARY CRUTCHFIELD, City Manager of the City of Pasco, to me 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 deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this day of q 009. '-A� z U lv't 22 ��111111ff/, 9-64'Q--;0 ;;0 Notary Public in and for the S ate Washington r. r Residing at 0 ta �PA� ;* My Commission Expires oe OF STATE OF WASHINGTON } :ss County of n On this day personally appeared before me r to me known to be the individual described in and who executed the within Pforegoing instrument, and acknowledged that she signed the same as her free and voluntary deed for the uses and purposes therein mentioned. + SUBSCRIBED and sworn to before m s ( day of 2009. Notary Public i n e St a ' gton Residing at t My Commission Expires Notary Public te of�'a S_T K° AYLE E. [N04:y MM Q 09 20XPIRES Real Estate Purchase&Sale Agreement-5 EXHIBIT A Parcel 1 That portion of the northwest quarter of Section 18, Township 9 North, Range 29 East, W.M., Franklin County, Washington, described as follows: Commencing at the northwest comer of said Section 18; thence south 88°59'59" East, along the north line of said Section 18, for 1711.47 feet; thence south 02°03'59" east for 770.74 feet; thence south 06°44'33" east for 315.40 feet to the most northerly corner of that tract of land shown as Parcel 5 on record survey recorded under Auditor's file number 456145, records of Franklin County, Washington, and the true point of beginning being on the southeasterly right-of-way margin of SR 182; thence south 06 044'33" east for 268.86 feet; thence south 55°31'53" east for 381.95 feet to the northwesterly line of the Franklin County Irrigation District pipeline right-of-way; thence south 35 021'24" west, along said pipeline right-of-way, for 883.96 feet; thence north 48°217'41" west for 237.52 feet; thence north 35°22'14" east for 233.41 feet; thence north 54°38'36"west for 498.88 feet to the southeasterly right-of-way margin of said SR 182; thence north 50°2I'05" east, along said right-of-way margin, for 152.64 feet; thence north 44 038'26" east, along said right-of-way margin, for 402.00 feet; thence north 49°46'42" east, along said right-of-way margin, for I00.00 feet; thence north 49°08'31" east, along said right-of-way margin,for 182.79 feet to the true point of beginning. Containing 11.41 acres,more or less. Real Estate Purchase & Sale Agreement-6 RESOLUTION NO. 31 ` ! A RESOLUTION approving the purchase of certain real property by the Sewer Utility Fund. WHEREAS, the City of Pasco provides potable water and waste water treatment services for more than 50,000 residents and growth projections for the city indicate the need for additional utility service capacity, particularly in the western end of the city's large service area; and WHEREAS, the tract of land situated near the 1-1 82 highway bridge was recently offered for sale; and WHEREAS, an environmental review of the site revealed no adverse environmental condition, and the proposed purchase price is deemed appropriate for the size and location of the tract;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1: The City Council hereby approves the purchase of that real property legally described in Exhibit "A" attached hereto and made a part hereof, in the amount of$300,000, by and for the use of the sewer utility fund. Section 2: The City Manager is hereby authorized to execute all documents necessary and appropriate to consummate the purchase approved herein. Passed by the City Council of the City of Pasco this 16th day of November 2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney EXHIBIT A Parcel 1 That portion of the northwest quarter of Section 18, Township 9 North, Range 29 East, W.M., Franklin County,Washington,described as follows: Commencing at the northwest corner of said Section 18; thence south 88°59'59" East, along the north line of said Section 18, for 1711.47 feet; thence south 02°03'59" east for 770.74 feet; thence south 06°44'33"east for 315.40 feet to the most northerly corner of that tract of land shown as Parcel 5 on record survey recorded under Auditor's file number 456145, records of Franklin County, Washington, and the true point of beginning being on the southeasterly right-of-way margin of SR 182; thence south 06°44'33" east for 268.86 feet; thence south 55°31'53" east for 381.95 feet to the northwesterly line of the Franklin County Irrigation District pipeline right-of-way; thence south 35 021'24" west, along said pipeline right-of-way, for 883.96 feet; thence north 48°217'41" west for 237.52 feet; thence north 35'22'14" east for 233.41 feet; thence north 54°38'36"west for 498.88 feet to the southeasterly right-of-way margin of said SR 182; thence north 50°21'05" east, along said right-of-way margin, for 152.64 feet; thence north 44°38'26" east, along said right-of-way margin, for 402.00 feet; thence north 49°46'42" east, along said right-of-way margin, for 100.00 feet; thence north 49°08'31"east, along said right-of-way margin, for 182.79 feet to the true point of beginning, Containing 11.41 acres,more or less. AGENDA REPORT NO. 23 FOR: City Council November 5, 2009 TO: Gary Crutchfield, City, �r Robert J. Alberts, Publi s Director G FROM: Michael MCSha , ity Engineer Regular Mtg.: 11/16/09 SUBJECT: Accept 2009 Sewer Line Extension— Whipple Avenue, Project#09-1-02 1. REFERENCE(S): 1. Resolution 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/16: MOTION: I move to approve Resolution No.—accepting the work performed by Mahaffey Enterprises, Inc., under contract for the 2009 Sewer Line Extension—Whipple Avenue, Project 409-1-02. 111. FISCAL IMPACT: Sewer Utility Fund IV. HISTORY AND FACTS BRIEF: A) On May 4, 2009, Council awarded the 2009 Sewer Line Extension — Whipple Avenue, Project #09-1-02 to Mahaffey Enterprises, Inc. for $178,317.47, including applicable sales tax. V. DISCUSSION: A) The final project cost was $211,698.34, including applicable sales tax. The overage is due to some additional unforeseen utility crossings necessary to install the new sewer main. There was also additional work required to connect to the existing sewer that had been installed improperly in the past. The work is now complete and staff recommends acceptance of this work. 3(e) RESOLUTION NO. 3 1 U A RESOLUTION ACCEPTING WORT: PERFORMED BY MAHAFFEY ENTERPRISES, INC., UNDER CONTRACT FOR THE 2009 SEWER LINE EXTENSION — WHIPPLE AVENUE, PROJECT#09-1-02. NNHEREAS, the work performed by MAHAFFEY ENTERPRISES, INC., under contract for the 2009 Sewer Line Extension — Whipple Avenue, Project #09-1-02, 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 Mahaffey Enterprises, Inc., under contract for the 2009 Sewer Line Extension — Whipple Avenue, Project 409-1-02, as being completed in apparent conformance with the project specifications and dra A ings, 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 16th day of November, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, CMC Leland B' Kerr City Clerk City Attorney AGENDA REPORT NO. 27 FOR: City Council November 5, 2009 TO: Gary Crutchfield, C' y . er Robert J. Alberts, Pu , c o its Director FROM: Michael McSha/0, tity Engineer Regular Mtg.: 11/16/09 SUBJECT: Accept Broadmoor Blvd. Improvements and Sandifur Signal, Project 408-3-03 I. REFERENCE(S): I. Resolution 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/16: MOTION: l move to approve Resolution No.13 I q9 accepting the work performed by Inland Asphalt Company, under contract for the Broadmoor Blvd. Improvements and Sandifur Signal, Project #08-3-03. 11I. FISCAL IMPACT: Arterial Street fund IV. HISTORY AND FACTS BRIEF: A) On January 20, 2009, Council awarded the Broadmoor Blvd. Improvements and Sandifur Signal, Project #08-3-03 to Inland Asphalt Company for$315,436.25. V. DISCUSSION: A) The final project cost was $384,702.80. The overage is due to additional quantities, as well as necessary sub-grade reinforcements and asphalt to prepare for the future re-alignment of Harris Road to the new Sandifur signal. The work is noxv complete and staff recommends acceptance of this work. 3(f) RESOLUTION NO. : " A RESOLUTION ACCEPTNG WORK PERFORMED BY INLAND ASPHALT COMPANY UNDER CONTRACT FOR THE BROADMOOR BLVD. IMPROVEMENTS AND SANDIFUR SIGNAL, PROJECT 408-3-03. WHEREAS, the work perfoiTned by INLAND ASPHALT COMPANY, under contract for the Broadmoor Blvd. Improvements and Sandifur Signal, Project 908-3-03, 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 Inland Asphalt Company under contract for the Broadmoor Blvd. Improvements and Sandifur Signal, Project 408-3-03, 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 16th day of November, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr Citv Clerk City Attorney AGENDA REPORT NO. 28 FOR: City Council November 5, 2009 TO: Gary Crutchfield, Cit ger Robert J. Alber�d, 'erI i� rks Director r G FROM: Michael McSha 'ity Engineer Regular Mtg.: 11/16/09 SUBJECT: Accept 2008 Street Reconstruction, Project 408-3-01 1. REFERENCE(S): 1. Resolution H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/16: MOTION: I move to approve Resolution No. accepting the work performed by A&B Asphalt, Inc., under contract for the 2008 Street Reconstruction, Project #08-3-01. 111. FISCAL IMPACT: Street Overlay Fund IV. HISTORY AND FACTS BRIEF: A) On March 2, 2009, Council awarded the 2008 Street Reconstruction, Project #08- 3-01 to A&B Asphalt, Inc, for$651,405.88. V. DISCUSSION: A) The final project cost was $646,359.51. The work is now complete and staff recommends acceptance of this work. 3(g) RESOLUTION NO. —30 A RESOLUTION ACCEPTNG WORK PERFORMED BY A&B ASPHALT, INC. UNDER CONTRACT FOR THE 2008 STREET RECONSTRUCTION, PROJECT #08-3-01. WHEREAS, the work performed by A&B ASPHALT, INC., under contract for the 2008 Street Reconstruction, Project 408-3-01, 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 A&B Asphalt, Inc., under contract for the 2008 Street Reconstruction, Project #08-3-01, 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 16th day of November. 2009, Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT NO. 38 FOR: City Council November 5, 2009 TO: Gary Crutchfield, City t x Robert J. Albert: I s Director FROM: Michael McSh r4" City Engineer Regular Mtg.: 11/16/09 SUB.IECT: Accept Road 68 Overlay North of Sandifur Parkway, Project 409-3-03 I. REFERENCE(S): I. Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 11/16: MOTION: 1 move to approve Resolution No. 3cDOI accepting the work performed by Inland Asphalt Company, under contract for the Road 68 Overlay North of Sandifur Parkway, Project 909-3-03. III. FISCAL IMPACT: Street Overlay Fund IV. HISTORY AND FACTS BRIEF: A) On April 20, 2009, Council awarded the Road 68 Overlay North of Sandifur Parkway, Project #09-3-03 to Inland Asphalt Company for $129,721.70. V. DISCUSSION: A) The final project cost was $129,532.27. The work is now complete and staff recommends acceptance of this work. 3(h) RESOLUTION NO. A RESOLUTION ACCEPTING WORK PERFORMED BY INLAND ASPHALT COMPANY UNDER CONTRACT FOR THE ROAD 68 OVERLAY NORTH OF SANDIFUR PARKWAY, PROJECT 409-3-03. WHEREAS, the work performed by INLAND ASPHALT COMPANY, under contract for the Road 68 Overlay North of Sandifur Parkway, Project #09-3-03 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 Inland Asphalt Company under contract for the Road 68 Overlay North of Sandifur Parkway, Project#09-3-03 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 16th day of November, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT NO. 37 FOR: City Council November 4, 2009 TO: Gary Crutchfiel Citj per Robert .1. Alber I c rks Director FROM: Michael McSI ne,-City Engineer Regular Mtg.: 11/16/09 SUBJECT: Accept Fire Station #83 Vehicle Storage Project 1. REFERENCE(S): 1. Resolution H. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 11/16: MOTION: I move to approve Resolution No. �ccepting the work performed by Winthrop Construction, Inc., under contract for the Fire Station 983 Vehicle Storage project. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Oil March 17, 2008, Council awarded the Fire Station #83 Vehicle Storage project to Winthrop Construction, Inc. for $352,900.00, plus applicable sales tax. V. DISCUSSION: A) The final project cost was $325.264.05, plus applicable sales tax. The subtracted cost is due to the contractor building the facility as a design/build, thus creating a savings for the City. The work is now complete and staff recommends acceptance of this work. 3(i) RESOLUTION NO. 31;LO A RESOLUTION ACCEPTING WORK PERFORMED BY WINTHROP CONSTRUCTION, INC. UNDER CONTRACT FOR THE FIRE STATION #83 VEHICLE STORAGE PROJECT. WHEREAS, the work performed by WINTHROP CONSTRUCTION, INC., under contract for the Fire Station #83 Vehicle Storage project, 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 Winthrop Construction, Inc. under contract for the Fire Station #83 Vehicle Storage project; 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 16th day of November, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney GENERAL FUND OPERATING STATEMENT THROUGH OCTOBER 2009 CASH BASIS YTD %OF YTD TOTAL % OF 2009 2009 ANNUAL 2008 2008 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 5,084,992 5,725,000 88.8% 4,386,492 5,805,868 75.6% SALES 6,492,571 8,580,000 75.7% 7,555,656 8,980,651 84.1% UTILITY 6,560,329 7,360,000 89,1% 6,414,369 7,612,492 84.3% OTHER 888,854 980,000 90,7% 743,910 957,621 77.7% LICENSES & PERMITS 1,425,578 1,009,300 141.2% 1,363,906 1,364,959 99,9% INTERGOV'T REVENUE 1,143,900 1,327,300 86.2% 1,465,721 1,798,308 81.5% CHARGES FOR SERVICES 2,119,603 2,788,800 76.0% 2,082,377 2,705,427 77.0% FINES & FORFEITS 775,261 982,400 78.9% 740,248 980,468 75.5% MISC. REVENUE 642,983 786,800 81.7% 697,417 897,283 77.7% OTHER FINANCING SOURCES 211,213 1,142,000 18.5% 34,276 39,776 86.2% TOTAL REVENUES 25,345,284 30,681,600 82.6% 25,484,372 31,142,853 81.8% BEGINNING CASH BALANCE 6,845,445 6,500,000 7,008,990 7,008,990 TOTAL SOURCES 32,190,729 37,181,600 86.6% 32,493,362 38,151,843 85.2% EXPENDITURES; CITY COUNCIL 91,057 116,000 78.5% 88,451 107,538 82,3% MUNICIPAL COURT 1,023,251 1,182,700 86.5% 918,586 1,127,148 81.5% CITY MANAGER 659,483 873,425 75.5% 629,175 755,382 83.3% POLICE 8,895,750 10,819,398 82.2% 8,629,623 10,343,396 83.4% FIRE 3,317,978 4,126,320 80.4% 3,443,446 4,128,399 83.4% ADMIN &COMMUNITY SVCS 4,393,831 5,243,540 83.8% 4,283,133 5,103,431 83.9% COMMUNITY DEVELOPMENT 933,454 1,101,400 84.8% 952,612 1,149,262 82.9% ENGINEERING 1,048,255 1,172,835 89.4% 1,015,323 1,256,443 80.8% MISC. NON-DEPARTMENT 3,553,529 7,148,875 49.7% 4,356,325 6,203,283 70.2% LIBRARY 1,034,892 1,272,575 81.3% 939,380 1,132,116 83.0% TOTAL EXPENDITURES 24,951,480 33,057,068 75.5% 25,256,054 31,306,398 80.7% ENDING FUND BALANCE 4,124,532 6,845,445 TOTAL EXPEND AND END FUND BAL 37,181,6-00- 38,151,843 AVAILABLE CASH BALANCE 7,239,249 7,237,308 PERCENTAGE OF BUDGET ALLOCATED FOR 10 MONTHS 83.3% Authorized but non-budget expenditures of $629,000 (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 FOR: City Council November 12, 2009 TO: Gary Crutchfield,komicaDevelopment nager Regular Mtg.: 11/16/09 Rick WhiteCommunity & Ec Director FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION: South 10 feet of Spokane Street between Wehe Avenue and California Avenue (Catholic Housing_Services of Eastern WA) (MF# VAC 09-013 1. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance 11. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: Conduct Public Hearing: 11/16: ;MOTION: I move to adopt Ordinance No. , an Ordinance vacating south 10 feet of Spokane Street from the east line of California Avenue to the west line of Wehe Avenue and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Catholic Housing Services of Eastern Washington is in the process of developing a housing complex at the corner of Wehe Avenue and Spokane Street. To facilitate the new housing development Catholic Housing Services has petitioned to vacate the excess right-of-way along the south side of Spokane Street. An adjoining property owner has also requested to be included in the vacation. B. The Council set November 16, 2009 as the date to consider the vacation. V. DISCUSSION: The proposed street vacation has been reviewed by the City Engineering Department and the utility providers. Cascade Natural Gas has requested the retention of an easement in the area proposed for vacation. 7(a) Item: 1 Vicinity Street Vacation Spokane Ap 1 icant: Catholic •Map File #: VAC 09-013 -Services N -AM,I »araaa yri ii:art�lMlldt � MEN � 4gMi. r "`' Y �� rf'.. t j�t A i''d.1!T1�rifa7F L �1 �_ � �� � •� ." � i. �, t•�•�/ i , of fir` y_ 4 X. b■�i•',i-: FrrZ rrt rii' 9�!i• r f%I j. rit� �t 1 ^.+ 4�ff��4r3 raj s..t +ea �'4L cwt*Jel �rs� ri Slit W'?# f.7w. �it1M 1rf� �1. ►�. - gas.. s�n° � wr ..• a.+ are DO ao , e. �:Q +� �`ie►' �a1x ita� f/fwo X91=3 �ti4 �"'� Mr 3 ` • ,� �;,, �ti . � a.. +t ,r +rss, .wa son W X aoe�� ta1�a te � e atr+ � s ��;� �a•+a �ae� 1r�2 iwr~o ;�rn!•t tai "� .`\ •• t WAIL %wq L' w %&*IQ f/ :.acs MAO _ ta-7 C� �l•tSrs •_ Jis i� ��piL � 9� S� h �?► - - L a- . � wrr��icT� 1a�tf>•nt`r�Ka ;firm' ��_ ' WaVI' 'd-,re t#.1.�pt.icr.•R> l..i1 fie• .� a�"' _ �,r ,r>>aNi•� ,/'. f.���L�Y�r`�Cam' -�R�1• i�ttsi�,{��` ��P \ • ©� F'7s7r1I "i•!�• 3� 3Ma. , �- aMta� Za , ■�� j f �{ I • :mss �4�►_ i.A1 flit" w. ataaet Esc• ist e a sw } �� rir� +s.s •essay �� 'rr . Min OWN- •�''� fi �+ LL�, {< r 3, • 1�f3 +a+i►*/!,�lAMU.m...r � -y■■■to - '� - '�"�' r � —�� - �j� ��:r +�.� w f'�ilf �� `� '��l�01l1!!l■ ��=T'rfr�tii���� +� .T�1'�}� ' , �! iR• mss, Llfb •n•rK -3�1L.r.� r-►f � r�.a_� } � . �Y '�VSi +i tic Imo. J� ar •i -i iF1�1 t. r �PA.s1■■I��iii V' R�� • • > rf� -�f ••��' • hj t • i( _ f T t' y'1s s� x`11. x^>. . lao tit �.'i+L� �.�`����, , * ��.� •• � � �d� �� X11.:♦tt ��' �.� �. �� �� ��� ,1� C• C ,n � 11�- f��' �Ir'. WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING THE SOUTH 10 FEET OF SPOKANE STREET, FROM THE EAST LINE OF CALIFORNIA AVENUE TO THE WEST LINE OF WEHE AVENUE. 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 south 10 feet of Spokane Street from the east right-of-way line of California Avenue to the west right-of-way line of Wehe Avenue, as depicted in Exhibit "1" be and the same is hereby vacated subject to the exclusions in Section 2 and the easement retained in Section 3 below. Section 2. That the vacation in Section 1 above excludes a 35-foot radius at the southwest corner of Wehe Avenue and Spokane Street, said radius to be measured from the intersection of the vacated line of Spokane Street and a line 30 feet west of and parallel to the center line of Wehe Avenue; and the vacation also excludes a 25-foot radius at the southeast corner of California Avenue and Spokane Street, Section 3. That the City shall retain an easement and the right to exercise or grant easements with respect to the right-of-way vacated in Section 1 above for the construction, repair and maintenance of public utilities and services. Section 4. 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 5. 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 16`h day of November 2009. Joyce Olson Mayor ATTEST; APPROVED AS TO FORM; Debra L. Clark Leland B, Kerr City Clerk City Attorney Exhibit Item: Street Vacation - Spokane St Applicant: Catholic Housing Services N #1 File #: VAC 09-013 1 01 60 ROW* d Sp��"ASS SITE w eR�PO�1P� g�vO w a Z a X �o W w w � AGENDA REPORT FOR: City Council DATE: 10/21/09 WORKSHOP: 10/26/09 REGULAR: 11/16/09 TO: Gary Crutchfi 3 Manager Rick Terway, ii -ative & Community Services Director i FROM: Gretchen Conner, Interim Finance M 9 e SUBJECT: 2010 Property Tax Levy REVISED 11116 - SEE P. 44-46 I. REFERENCE(S): 1. Tax Levy Rate History Chart 2. Assessed Value History Chart 3. Summary of Options 4. Copy of Ordinance for the 2010 Ad Valorem Tax 5. Copy of Ordinance Preserving Property Tax Levy Capacity II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/26/09 Discussion 11/16/09 Public Hearing Motion: i move to adopt Ordinance No ,providing for the 2010 Ad Valorem Tax Levy, a levy for the 1999 Unlimited Tax General Obligation Bonds and the 2002 Unlimited Tax General Obligation Refunding Bonds. Motion: I move to adopt Ordinance No. ,preserving property tax levy capacity for fiscal years after 2010 in accordance with State law. III. HISTORY AND FACTS BRIEF: The maximum allowed levy rate,per state statute, that the City of Pasco can levy per $1,000 of assessed value is $3.60. The last time Pasco's levy rate was near that number was in 1994. In 2001 the voters approved Initiative 747, limiting the amount taxing districts can raise the property tax levy over the previous year by the lesser of 1% or the Implicit Price Deflator (IPD), without a vote of the people. That initiative was challenged and ruled unconstitutional in the Washington State Supreme Court in November 2007. The legislature however placed those limits (suggested by I-747) into law in January 2008. The IPD figure to be used for the 2010 tax calculation is a negative number (-.00848 or -.848%). Since the IPD, a national inflation indicator, is negative number, the property tax levy, not including new construction, annexations and increases in the State utilities assessment, is actually reduced from last year by $48,654 to $5,688,900 (2009 General Fund levy of $5,737,554 times .99152 or 99.152%)reflecting the decrease of.848%. The preliminary budget document has been prepared using an estimated property tax levy of $5,850,000 and without including any of the allowable percentage increase to the property tax levy. Several options are available to set the 2010 Property Tax Levy. Pasco has been affected by the poor overall economic conditions of the entire country and has seen a serious decline in sales tax revenues. Increased utility tax revenues have helped to offset some of the sales tax decline but overall taxes for 2009 are projected to reflect a decrease of about$1 million. 7(b) Pasco has been fortunate in that our prior budgeting practices included conservative budgeting in several areas which has consistent fund balances to prepare the 2010 budget. Staff is projecting a $6 million beginning fund balance in the General Fund for next year. The property tax levy for 2010 will be comprised of the following three elements: 1. General Property Tax Levy 2. 1999 Unlimited Tax General Obligation Fire Station/Library Bonds Debt Service 3. 2002 Unlimited Tax General Obligation Refunding(1993)Bonds Debt Service The City is required to certify property tax levies with the county by November 30 of each year. IV. DISCUSSION: The Franklin County Assessor has provided a preliminary assessed valuation of$2,916,387,590 which is used to calculate 2010 taxes. This amount includes new construction of $58,565,500. There was $4,798,800 in annexations of property before the cutoff date of March 3150. There was no increase in the State assessed utility values. The Franklin County Assessor's Office now re-assesses all properties in the county each year. GENERAL PROPERTY TAX LEVY Following are several options to setting the 2010 levy. Option 1• Since the IPD is negative (-0.848%), last year's levy would reduce by $48,654 plus the value of new construction, new annexations and any increases in State Assessed Utility values at last year's rate and adding those numbers to last year's total levy. 2009 Total General Property Tax Levy $5,738,336 -0.848% reduction in the levy rate based on the allowable maximum increase amount (lesser of IPD or 1%) -48,654 New Construction Values of$58,565,500 using the 2009 rate of$2.00422/$1,000 Assessed Value 117,378 New Annexation Values of$4,798,800 using the 2009 rate of$2.00422/$1,000 Assessed Value 9,618 Increase in the State Assessed Utilities of$0 using the 2009 rate of$2.00422/$1,000 Assessed Value 0 Total Proposed 2010 Levy $5,816,678 A 2010 General Levy of$5,816,678 using the assessed value of$2,916,387,590 calculates to a levy rate of$1.9945 per $1,000 of assessed value. Under this option, the 2010 levy rate would be 1 cent less than the 2009 rate of$2.00422. Option 2-A: By declaring substantial need, and passing an ordinance stating such, the Council could retain the 2009 "base" levy thereby not taking the IPD reduction of $48,654. Effectively, this option accounts for the amount needed to offset the loss in value as a result of the IPD being negative and to keep the City's base levy at the 2009 level. Also included would be any increased value related to new construction, annexations and any changes in the State assessed utilities. This would set the levy rate at $2.0111 per $1,000 of assessed value. The modest increase in the levy rate of $0.0068 is a function of changes in the assessed value between 2009 and 2010. Using Option 2-A, the 2010 total General Property Tax Levy would be $5,865,332. Under Option 2-A, the 2010 General Property Tax "base" levy would remain unchanged at $5,738,336 compared to the decrease as described in Option 1 or the increase as described in Option 2-B. A "super majority"vote of the Council or 5 affirmative votes would be required for this option. Option 2-B• By declaring substantial need, and passing an ordinance stating such, the Council could increase the levy up to the 1% limit or $64,685 and include new construction, annexations and the change in the State assessed utilities. This would set the levy rate at $2.03334 per $1,000 of assessed value. Using this option the 2010 General Property Tax Levy would be $5,930,017. This option would need a"super majority" vote of the Council or 5 affirmative votes. Option 3• Beginning in 1993 and continuing through 2009, the City has preserved its accumulated taxing capacity of$730,114. If the City were to levy all of the tax available in Option 2 and also choose to levy all the preserved levy capacity, the General Levy would increase to $6,660,131. The levy rate would calculate to $2.28369 per $1,000 of assessed value, still well below the maximum rate allowed per State statute or $3.60 per $1,000 of assessed value. Selecting this option would also need a"super majority" vote of the Council, or 5 affirmative votes. PRESERVING FUTURE LEVY CAPACITY Preserved levy capacity, also referred to as "banked" levy capacity, is NOT money that has been put into a bank account. It is merely dollars that have not been levied and, therefore, left in the pockets of the taxpayers. The purpose of RCW 84.55.092 allowing a governmental entity to preserve future levy capacity is to "remove the incentive for a taxing district to maintain its tax levy at the maximum level permitted under this chapter, and to protect the future levy capacity of a taxing district that reduces its tax levy below the level that it otherwise could impose under this chapter, by removing the adverse consequences to future levy capacities resulting from such levy reductions." This simply means if the tax is not needed, a City does not have to set the levy at the maximum amount. The City can reserve that resource for future use. Preserving any unused levy capacity requires a"super majority" vote of the Council. A preservation ordinance has been prepared should any unused levy capacity is available to preserve. 1999 UNLIMITED TAX GENERAL OBLIGATION BOND DEBT SERVICE The 2010 debt service requirement for the 1999 UTGO Bonds issued for the purpose of the Library Remodel and Fire Station Relocation is $68,051 and $86,199, respectively. Staff recommends the 1999 Unlimited Tax General Obligation Bond tax levy be set at those amounts. The two numbers are not combined because they appeared on the official ballot separately when voted upon. The county assessor's office requires we set these levies separately. The estimated assessed value for properties subject to the tax is $2,500,000,000; this will result in levy rates of approximately $0.027 and $0.034, respectively, or a combined levy rate of $0.061. The 2009 levy rates were $0.0271 and $0.0344, respectively, or $0.0615 combined. The schedule of payments calls for principal payments of$100,000 each year. This will result in decreased levy rates for the remaining payment schedule as the interest portion declines. The final payment for these bonds occurs in December 2019. 2002 UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS The 2002 Unlimited Tax General Obligation Refunding Bonds were issued to refund the 1993 General Obligation Bonds to take advantage of lower interest rates available and save the taxpayer's money. The debt service requirements in 2010 for the 2002 UTGO Refunding Bonds is $380,000 and staff recommends the 2002 Unlimited General Obligation Refunding Bonds tax levy rate be set at that dollar amount. The assessed value for properties subject to the tax is $2,250,000,000. This equates to a levy rate of approximately $0.17 per $1,000 of assessed value. This is the same approximate rate as the 2009 levy rate of$0.1691. Unlike the 1999 Bonds, the principal payment amounts will increase over the remaining life of these bonds but the interest portion will decrease keeping the annual payments at approximately $380,000. The final payment for these bonds occurs in December 2013. AGENDA REPORT FOR: City Council DATE: 10121/09 WORKSHOP: 10/26%09 REGULAR: !1/!6109 TO: Gary Crutchfield, qager Rick Terway, Admi , &Community Services Director FROM: Gi-ete hen Conner. Interim Finance Man ��) SUBJECT: 2010 Property Tax Levu evised Re ort I. REFERENCE(S): 1, Tax Levy Rate I listory Chart 2, Assessed Value History Chart 3. Summary of Options 4. Copy of'Ordinance for the 2010 Ad Valorem Tax 5. Copy flf Ordinance Preserving Property Tax Levy Capacity 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/26/09 Discussion 11/16/09 Public Hearing Motion: I move to adopt Ordinance No ,providing for the 2010 Ad Valorem Tax Levy, a levy for the 1999 Unlimited Tax General Obligation Bonds and the 2002 Unlimited Tax General Obligation Refunding,Bonds. Motion: 1 move to adopt Ordinance No. :preserving property tax levy capacity for fiscal years after 2010 in accordance with State.law, III. HISTORY AND FACTS BRIEF: Since the October 26, 2009 meeting, the City has received an update on assessed values from the Franklin County Assessor. The values changed by a small amount from what was reported on October 26, 2009. This report incorpotvtesa the revised values accordingly. The maximum allowed levy rate: per State statute, that the City of Pasco can levy per $1.000 of assessed value is $3.60, The last time Pasco's levy rate was near that tiunaber was in 1994. From 1994 through 1999, the levy rate was reduced by riot levying any of flit allowable 6% increase available at that time. In November 1999, the legislature reduced the Motor Vehicle Excise Tax (M VET) to $30 per vehicle. To compensate for his loss in future MVE*r revenues, Cuuncil elected to use most of the unused or banked levy capacity. The levy rate for 2000 taxes was se=t: at $3.07 per$1,000 of assessed value—still well below the $3.60 maximum. In 2001, the voters approved Initiative 747, limiting the amount taxing districts could raise the property tax levy over the previous year by the lesser of I% or the Implicit Price Deflator (IPD), without a. vote of the people. In November 2007, that initiative was challenged and ruled unconstitutional in the Washington State Supreme Court, and we were suddenly flack to the limit being the lesser of 6% or IPD. Council chose nol to increase the 2008 property tax levy rate by any allowable legal limit. lit January'6008, the legislature placed those litnits(suggested by I-747)into law. The legal limit «ras to be the lesser off%or IPD. this limit is still in effect today. AN A 2010 General Levy of$5,816,671 using the assessed value of$2.916,936,072 calculates to a levy rate of$1.9941 per $1.000 of assessed value. Under this option, the 2010 levi rate would be. 1 rent less than the 7.009 rate of.$2.00477. Ontlon 2-A• By declaring substantial need, and passing an ordinance stating such, the Council could retain the 2009 `regular" levy thereby not taltiti; the IPD reduction of $48,661. E( ectiveiy, this option accounts for the amount needed to offset the loss in value as a result of the iPD being negative and to keep the City's regular levy at the 2009 level. Also included would be any increased value related to new construction, annexations and any changes in the State assessed utilities. This would set the levy rate at $2.0108 per$1,000 of assessed value, The modest increase in the levy rate of $0,0066 is a function of changes in the assessed value between 2009 and 2.1110. Using Option 2-A, the 2010 total General Property Tax Levy would he S5,865,332. Under Option 2-A, the 2010 General Property Tax "base" levy would remain unchanged at$5,738,336 compared to the decrease as described in Option I or the increase as described in Option 2-13. A "super majority" vote of the Council or 5 affirmative votes would be required for this option. Opaon 2-B: By declaring substantial need, and passing an ordinance stating such, the Council could increase the levy up to the I% limit or 4+64,685 and include new construction, annexations and the change in the State assessed utilities. This would set the levy rate at $2.0330 per $1,000 of assessed value. Easing this option the 2010 General Property Tax Levy would be 55,930,017. This caption would need a"super majority" vote of the Council or 5 affirmative:votes. Option 3: Beginnixtg in 1993 and continuing through 2009, the City has preserved its accumulated taxing capacity of $730,114 with exception of the utilization in the late 90's. The amount currently preserved totals $730,114. if the City was to levy all of the tax available in Option 2-13 and choose to levy all the preserved levy capacity, the general levy would increase to $6,660,131, The levy rate would calculate to $2.2833 per $1,000 of assessed value, still well below the maximuun rate allowed per State statute or $3.60 per $1,000 of assessed value. Selecting this option would require a"super majority"vote of the Council. or 5 affinnative votes. PRESERVING FUTURE.LM CAPACITY Preserved levy capacity, also referred to as "banked" levy capacity, is NOT money that has been put into a bank account. it is merely dollars that have not been levied and, therefore, left in the pockets of the taxpayers. The purpose of RCW 84.55.092 allowing a governmental entity to preserve future levy capacity is to "remove the incentive for a taxing district to maintain its tax levy at the maximum level permitted under this chapter, and to protect the future levy capacity of a taxing district that reduces its tax levy below the level that it othem ise could impose under this chapter, by removing the adverse consequences to future levy capacities resulting from such levy reductions." This simply means if the tax is not needed, a City does not have to set the levy at the maximum amount. The City can reserve that resource for future use, Preserving any unused levy capacity requires a"super majority"vote of the Council. A preservation ordinance has been prepared should any unused levy capacity be available to preserve. 1999 UNLEMITLD TAX GENERAL OBLIGATION BOND DEBT SERVICE The 2010 debt service roquircment for the 1999 IJTGU Bonds issued for the purpose of the Library Remodel and Fire Station Relocation. is $68,051 and $86,199, respectively. Staff recommends the 1999 Unlimited Tax General Obligation Bond tax levy be set at those amounts. The two numbers are not combined because they appeared on the official ballot separately when voted upon. The county assessor's office requires eve set these levies separately. The estimated assessed value for properties subject to the tax is $2,525,567,616; this will result in levy rates of approximately $0.027 and $0.034, respectively, or a combined levy rate of $€).061. The 2009 levy rates were$11.0271 and $0,0344, respectively, or$0.061-5 combined. The schedule of payments calls for principal payments of $100,000 each year. This will result in decreased leery rates for the remaining payment schedule as the interest portion declines. The final payment for these bonds occurs in December 2019. 2002 UNIAMITED TAB:GE NERAL OBLIGATION REFUNDING BONDS The 2002 Unlimited Tax General Obligation Refunding Bonds were issued to refund the 1993 General Obligation Bonds to take advantage of lower interest rates available and save the taxpayer's money. The debt service requirements in 2010 for the 2002 U'IGO Refunding Bonds is $380,000 and staff recommends the 2002 Unlimited General Obligation Refunding Bonds tax levy rate be set at that dollar amotutt. The assessed value for properties subject to the tax is $2,275,591,170. This equates to a leafy rate of$0.1670 per$1,000 of assessed value. This is the same approximate rate as the 2009 levy rate of$0.1691. Unlike the 1999 Bonds, the principal payment amounts will increase over the remaining life of these bonds but the interest portion will decrease keeping the atmual payments at approximately $3$0,000. The final payment for these bonds orc.tirs in December 2013. Assessed Values $3.500 --.�....._._................. --- _ ,.,..,.,._.._ --- ....... __ ....,...—__...._,...,.....__.... ....--- _ i $3.000 f $2.500 $2.000 o m $1.500 ' $1.000 $0.500 i $0.000 ' 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 PASCO PROPERTY TAX LEVY RATE HISTORY (GENERAL FUND PORTION) PER $1,000 OF ASSESSED VALUE $3.2000 ..... ...._. ___ _...............-----.........._ $3.0634 $3.0000 $2.8000 $2.6000 $2.4000 $2.2000 $2.0000 $1.9945 with negative IPD; $1.8000 $1.6000 2002 2003 2004 2006 2006 2007 2008 2009 2010 2010 SUMMARY OF OPTIONS Assessed Value $ 2,916,387,590 OPTION 1 2009 Total General Property Tax Levy $ 5,738,336 -0.848% 1PD - Reduction in the levy rate based on the (48,654) allowable maximum increase amount (Lesser of 1PD or 1%) New Construction Values of$58,565,500 at the 2009 rate of$2.00422 per $1,000 117,378 of Assessed Value Annexation Values of$4,798,800 at the 2009 rate of$2.00422 per $1,000 9,618 of Assessed Value Increase in the State Assessed Utilities of$0 at the 2009 rate of$2.00422 per$1,000 0 of Assessed Value Levy rate of$1.9948 per$1,000 $ 5,816,678 of Assessed Value OPTION Z 1 1 OPTION 2-A OPTION 2-B 2009 Total General Property Tax Levy $ 5,738,336 $ 5,738,336 Declare substantial need & retain the 2009 base levy 0 - Declare substantial need & increase 2009 rate up by 1% - 64,685 Either requires a"super majority"vote of the Council New Construction Values of$58,565,500 117,378 117,378 at the 2009 rate of$2.00422 per$1,000 of Assessed Value Annexation Values of$4,798,800 9,618 9,618 at the 2009 rate of$2.00422 per$1,000 of Assessed Value Option 2-A Levy rate of$2.0111 per$1,000 of Assessed Value $ 5,865,332 - Option 2-13 Levy rate of$2.0333 per$1,000 of Assessed Value - $ 5,930,017 OPTION 3 2009 Total General Property Tax Levy $ 5,738,336 Declare substantial need and increase last year's rate up to 1% 64,685 Requires a"super majority" vote of the Council New Construction Values of$58,565,500 at the 2009 rate of$2.00422 per$1,000 117,378 of Assessed Value Annexation Values of$4,798,800 at the 2009 rate of$2.00422 per $1,000 9,618 of Assessed Value Levy previous preserved capacity 730,114 Requires a"super majority" vote of the Council Levy rate of$2.28369 per$1,000 of Assessed Value $ 6,660,131 Option 1 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE 2010 AD VALOREM TAX LEVY, A LEVY FOR THE 1999 UNLIMITED TAX GENERAL OBLIGATION BONDS AND A LEVY FOR THE 2002 UNLIMITED GENERAL OBLIGATION REFUNDING BONDS IN THE CITY OF PASCO IN ACCORDANCE WITH STATE LAW. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. The City Council of the City of Pasco has met and considered its budget for the calendar year 2010; §2. The City Council of the City of Pasco after public hearing and after duly considering all relevant evidence and testimony presented, determined that the City of Pasco requires a regular levy in the amount of $5,816,678, which does NOT include any of the allowable percentage increase in property tax revenues from the previous year, and does include amounts resulting from the addition of new construction and improvements to property and any increases in the value of state-assessed property, and amounts authorized by law as a result of any annexations that have occurred and refunds made, in order to discharge the expected expenses and obligations of the district. RCW 84.55.120 requires a specific statement regarding the amount of any increase in regular property tax from the previous year. The actual general levy amount from the previous year (2009) was $5,737,554. However, because the lPD is negative (-0.848%), the net effect is a decrease in the general levy for 2010 of $48,654. This decrease is exclusive of additional revenue resulting from the addition of new construction and improvements to property and any increase in the value of State assessed property, and any additional amounts resulting from any annexations that have occurred and/or refunds made. The property tax from new construction to be included in the actual levy is calculated to be $117.378. This number is the result of the amount of new construction and improvements to property of $58,565,500, provided by the Franklin County Assessor's Office, multiplied by the 2009 levy rate of$2.00422 per $1,000 of that value. Property tax from new annexations values in 2009 totals $9,618 which is the new assessed value of$4,798,800 multiplied by the 2009 levy rate of $2.00422. There was a no additional increase in the value of State assessed utility property. §3. A tax for the following sums of money which includes new construction and annexations to defray the expense and liabilities of the City of Pasco be and the same is hereby levied for the purposes specified against all taxable property in the City for the fiscal year 2010: General Expense including Councilmanic Bond Debt Service $5,816,678 1999 Unlimited Tax General Obligation Bond/Library Remodel 68,051 1999 Unlimited Tax General Obligation Bond/Fire Station 86,199 2002 Unlimited Tax General Obligation Refunding Bonds 380,000 $6,350,928 §4. This Ordinance shall take effect five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, on this 16th day of November, 2009. City of Pasco: Joyce Olson, Mayor Attest: Approved As To Form: Debra Clark, City Clerk Leland B. Kerr, City Attorney Option 1 ORDINANCE NO. AN ORDINANCE PRESERVING THE PROPERTY TAX LEVY CAPACITY IN THE CITY OF PASCO, WASHINGTON FOR FISCAL YEARS AFTER 2010 IN ACCORDANCE WITH STATE LAW. WHEREAS, to provide the property tax revenues required by the general operating budget of the City for fiscal year 2010, City Council of the City of Pasco levied property taxes on all taxable property in the City for collection in fiscal year 2010 in the total amount of $5,816,336, which dollar amount is the sum of (a) $5,738,336 which is the amount of property taxes levied by the City in fiscal year 2009, minus (b) $48,654 of the allowable increase of the lesser of 1% or the Implicit Price Deflator, which for this calculation, is -.848%, plus (c) $126,996, which is the amount of additional taxes at the 2009 levy rate of 2.00422 cents per $1,000 of assessed value resulting from the addition of new construction and improvements to property in the City, plus d) $9,618 relating to property annexed into the City during fiscal year 2009, and e) any increase in value of State-assessed utility property in the City which was $0; and, WHEREAS, the City Council of the City desires to preserve in accordance with State law (including but not limited to Chapter 84.55 RCW) the capacity of the City to levy property taxes in future fiscal years after 2010, calculated as if the City in fiscal year 2010 had levied the full amount allowed by state law upon a finding of substantial need therefore; and WHEREAS, upon a finding of substantial need and based upon limit factors of the lesser of 101% or IPD (-.848%) for the previous year and limit factors of 101% or 106% and IPD for previous years as provided by RC 84.55.0101 and $3.60 per $1,000 of assessed value by RC 84.52.043 and 41.16.060, the City would be permitted to levy property taxes for fiscal year 2010 in a total amount of$6,660,131 (the "full amount allowed by law"), which dollar amount is the sum of (a) $6,533,135 (the lesser of the amount calculated by multiplying the allowable 2009 property tax levy of$6,468,450 times the limit factor of 101% (the lesser of 101% or IPD or the $3.60 per $1,000 statutory limitation)), plus (b) $117,378, which is the amount of additional taxes at the 2009 levy rate of 2.00422 cents per $1,000 of assessed value resulting from the addition of new construction and improvements to property in the City, plus c) $9,618 for property annexed into the City during fiscal year 2009 at the rate of 2.00422 per $1,000 of assessed value, and d) any increase in value of State-assessed utility property in the City at the 2000 levy rate of 2.00422 cents per$1,000 of assessed value($0); and WHEREAS, the full amount allowed by law for fiscal year 2010 of $6,660,131 is $843,453 greater than the actual property tax levy of the City for fiscal year 2010 of$5,816,678 and such excess of$843,453 represents the unused 2010 property tax levy capacity that the City desires to preserve for future fiscal years after 2010; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as follows: Section 1. The City Council of the City finds and determines that there is substantial need for the City to preserve, for future fiscal years after 2010, the capacity to levy property taxes on all taxable property in the City in the amount of$843,453, which is equal to the unused levy capacity of the City for fiscal year 2010. This substantial need includes, without limitation, the anticipated future requirements for additional property tax revenues that will be needed for the construction and/or maintenance of roads, streets, bridges and other transportation facilities of the City; to satisfy anticipated and unanticipated new regulatory requirements applicable to the City; to provide for potential excess costs of capital facilities; and generally to meet other substantial future financial requirements of the City. Section 2. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. ADOPTED by the City Council by the affirmative vote of a majority plus one vote of the members thereof and APPROVED by the Mayor of Pasco, Washington, at a regular open public meeting thereof, this 16th day of November, 2009. Joyce Olson, Mayor ATTEST: Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Option 2-A ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE 2010 AD VALOREM TAX LEVY, A LEVY FOR THE 1999 UNLIMITED TAX GENERAL OBLIGATION BONDS AND A LEVY FOR THE 2002 UNLIMITED GENERAL OBLIGATION REFUNDING BONDS IN THE CITY OF PASCO IN ACCORDANCE WITH STATE LAW. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. The City Council of the City of Pasco has met and considered its budget for the calendar year 2010; §2. The City Council of the City of Pasco after public hearing and after duly considering all relevant evidence and testimony presented, determined that the City of Pasco requires a regular levy in the amount of$5,865,332, which retains the 2009 base levy and includes amounts resulting from the addition of new construction and improvements to property and any increases in the value of state-assessed property, and amounts authorized by law as a result of any annexations that have occurred and refunds made, in order to discharge the expected expenses and obligations of the district. RCW 84.55.120 requires a specific statement regarding the amount of any increase in regular property tax from the previous year. The actual general levy base amount from the previous year (2009) was $5,737,554. The City Council of the City of Pasco hereby authorizes the following increase in the regular property tax levy to be collected in the 2010 tax year. The dollar amount of the change from the actual levy amount from the previous year shall be $0 (zero) taking into account the loss resulting from the IPD being negative and is exclusive of additional revenue resulting from the addition of new construction and improvements to property and any increase in the value of State assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. The property tax from new construction to be included in the actual levy is calculated to be $117.378. This number is the result of the amount of new construction and improvements to property of$58,565,500, provided by the Franklin County Assessor's Office, multiplied by the 2009 levy rate of$2.00422 per $1,000 of that value. Property tax from new annexations values in 2009 totals $9,618 which is the new assessed value of$4,798,800 multiplied by the 2009 levy rate of $2.00422. There was a no additional increase in the value of State assessed utility property. §3. A tax for the following sums of money which includes new construction and annexations to defray the expense and liabilities of the City of Pasco be and the same is hereby levied for the purposes specified against all taxable property in the City for the fiscal year 2010: General Expense including Councilmanic Bond Debt Service $5,865,332 1999 Unlimited Tax General Obligation Bond/Library Remodel 68,051 1999 Unlimited Tax General Obligation Bond/Fire Station 86,199 2002 Unlimited Tax General Obligation Refunding Bonds 380,000 $6,399,582 §4. This Ordinance shall take effect five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, on this 16th day of November, 2009. City of Pasco: Joyce Olson, Mayor Attest: Approved As To Form: Debra Clark, City Clerk Leland B. Kerr, City Attorney Option 2-A ORDINANCE NO. AN ORDINANCE PRESERVING THE PROPERTY TAX LEVY CAPACITY IN THE CITY OF PASCO, WASHINGTON FOR FISCAL YEARS AFTER 2010 IN ACCORDANCE WITH STATE LAW. WHEREAS, to provide the property tax revenues required by the general operating budget of the City for fiscal year 2010, City Council of the City of Pasco levied property taxes on all taxable property in the City for collection in fiscal year 2010 in the total amount of $5,865,332, which dollar amount is the sum of(a) $5,738,336 which is the amount of property taxes levied by the City in fiscal year 2009, plus (b) $48,654 or .75% of the allowable increase to the 2009 rate, plus (c) $126,996, which is the amount of additional taxes at the 2009 levy rate of 2.00422 cents per $1,000 of assessed value resulting from the addition of new construction and improvements to property in the City, plus d) $9,618 relating to property annexed into the City during fiscal year 2009, and e) any increase in value of State-assessed utility property in the City which was $0; and, WHEREAS, the City Council of the City desires to preserve in accordance with State law (including but not limited to Chapter 84.55 RCW) the capacity of the City to levy property taxes in future fiscal years after 2010, calculated as if the City in fiscal year 2010 had levied the full amount allowed by state law upon a finding of substantial need therefore; and WHEREAS, upon a finding of substantial need and based upon limit factors of the lesser of 101% or IPD (-0.848%) for the previous year and limit factors of 101% or 106% and 1PD for previous years as provided by RCW 84.55.0101 and $3.60 per $1,000 of assessed value by RCW 84.52.043 and 41,16.060, the City would be permitted to levy property taxes for fiscal year 2010 in a total amount of$6,660,131 (the "full amount allowed by law"), which dollar amount is the sum of (a) $6,533,135 (the lesser of the amount calculated by multiplying the allowable 2009 property tax levy of$6,468,450 times the limit factor of 101% (the lesser of 101% or 1PD or the $3.60 per $1,000 statutory limitation)), plus (b) $117,378, which is the amount of additional taxes at the 2009 levy rate of 2.00422 cents per $1,000 of assessed value resulting from the addition of new construction and improvements to property in the City, plus c) $9,618 for property annexed into the City during fiscal year 2009 at the rate of 2.00422 per $1,000 of assessed value, and d) any increase in value of State-assessed utility property in the City at the 2000 levy rate of 2.00422 cents per$1,000 of assessed value ($0); and WHEREAS, the full amount allowed by law for fiscal year 2010 of $6,660,131 is $843,453 greater than the actual property tax levy of the City for fiscal year 2010 of$5,913,986 and such excess of$843,453 less $48,654 represents the unused 2010 property tax levy capacity that the City desires to preserve for future fiscal years after 2010; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as follows: Section 1. The City Council of the City finds and determines that there is substantial need for the City to preserve, for future fiscal years after 2010, the capacity to levy property taxes on all taxable property in the City in the amount of$843,453 less $48,654, the balance of which is equal to the unused levy capacity of the City for fiscal year 2010 totaling $827,422. This substantial need includes, without limitation, the anticipated future requirements for additional property tax revenues that will be needed for the construction and/or maintenance of roads, streets, bridges and other transportation facilities of the City; to satisfy anticipated and unanticipated new regulatory requirements applicable to the City; to provide for potential excess costs of capital facilities; and generally to meet other substantial future financial requirements of the City. Section 2. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. ADOPTED by the City Council by the affirmative vote of a majority plus one vote of the members thereof and APPROVED by the Mayor of Pasco, Washington, at a regular open public meeting thereof, this 16th day of November, 2009. Joyce Olson, Mayor ATTEST: Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council November 10, 2009 TO: Gary Crutchfiel a Manager r Regular Mtg.: 11/16/09 FROM: Rick White, V Community & Economic Development Director SUBJECT: SPECIAL PERMIT APPEAL MF# SP 009-005 location of a level 1 community service facility at 3901 W. Court Street Planned Parenthood 1. REFERENCE(S): 1. Vicinity Map 2. Binder containing the Hearing Record* 3. Motions *(Attachments in Council packets only; copies available for public review in the Planning office, the Pasco Library or on the City's webpage at http//:www.pasco- wa.gov/Reneralinfo/citycouncilreports) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: A. CONDUCT A CLOSED RECORD HEARING B. Council action based on the record (reports, correspondence, and transcripts) either: (1) Deny the Special Permit as recommended by the Planning Commission; (2) Approve the Special Permit as recommended by staff; (3) Approve the Special Permit with additional conditions; or (4) Remand the matter back to the Planning Commission for further review on a specific issue. C. Recommended motions are provided in Reference#3 II1. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On June 18th, 2009, the Planning Commission conducted a public hearing to consider a special permit for the location of a level 1 conununity service facility (Planned Parenthood Clinic) at 3901 West Court Street. B. On July 16th, 2009, the Planning Commission conducted deliberations on the application and indicated that the Commission intended to recommend denial of the special pen-nit to City Council. The matter was tabled until the August Commission meeting to allow staff to develop findings and conclusions that would support a Planning Commission recommendation of denial. C. At the August 20"', Planning Commission meeting, several Commissioners were not present and several others had not been in attendance at the open record hearing on June 18th. This left the Commission without a quorum to consider the matter and it was tabled until September, D. On September 17th, 2009, the Planning Commission recommended denial of the special permit application to City Council. E. The applicant filed a written appeal of the Planning Commission's recommendation. City Council set a Closed Record Hearing for November 16, 2009. 10(a) i 1 :4 Not- AL � 21 y,• 1 S A - � • r dim OIL dw 6L 4L w REFERENCE #3 Motion Options The following motions can be used for action on the Planned Parenthood Special Permit 1) Motion to accept the Planning Commission Recommendation: (Deny the application) Motion 1: 1 move to concur with the Findings of Fact of the Planning Commission and deny a Special Permit for a level one community service facility at 3901 W. Court Street. 2) Motion to approve a level one community service facility at 3901 W. Court Street Motion 2: I move to accept the staff recommendation for approval of a level I community service facility at 3901 W. Court Street, and table action on the Special Permit application until December 7th, 2009, to allow staff time to prepare a resolution of approval. 3) Motion to approve the application with modified conditions Motion 3: I move to table action on the Special Permit application until December 7th, 2009 to allow staff time to prepare a resolution of approval with the following additional or modified conditions (list the conditions). 4) Motion to remand back to the Planning Commission: Motion 4: I move to remand the Special Permit application to the Planning Commission for further review on (list the items of concern that need additional review or clarification). AGENDA REPORT NO. 35 FOR: City Council November 12, 2009 TO: Gary Crutchfiel anager FROM: Robert J. Albert , Public Works Director Regular Mtg.: 11/16/09 SUBJECT: Professional Services Agreement West Pasco WTP Startup Assistance 1. REFERENCE(S): 1. Vicinity Map 2. Professional Services Agreement II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 11/16: MOTION: I move to approve the Professional Services Agreement with HDR, Inc. authorizing assistance for startup services at the new West Pasco Water Treatment Plant on a time and material basis not to exceed $26,500 and further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) On July 07, 2008 the city contracted with CH2MHilI to design the West Pasco Water Treatment Plant and provide construction management services. On May 4, 2009 the City awarded a contract to Apollo, Inc. for the construction of the new plant. V. DISCUSSION: A) The proposed agreement with HDR, Inc, is to provide assistance for startup services at the new West Pasco Water Treatment Plant. The West Pasco Water Treatment Plant will use the latest technology in membrane filtration and controls. It is important to be able to properly calibrate and debug the system prior to and at the time of start up. In too many cases, new plants start up and the systems are not functioning properly for periods up to a year. Proposed HDR, Inc. staff have experience in starting up membrane filtration plants. For example, Mr. John Koch was the lead in the City of Kennewick's upgrades to their water treatment plant using membrane technology. He has extensive experience starting up a number of membrane plants. B) Part of the services with CH2MHILL during construction is to provide start up services, but not to the extent being proposed by HDR, Inc. There will be some overlap where some of the work will be transferred from CH2MHILL to HDR, Inc. The estimated fee from HDR, Inc. is on time and material basis in the amount of$26,500. The proposed HDR, Inc. agreement will actually reduce the services that were going to be provided by CH2MHILL by approximately $10,000. The overall increase in project expenditures will be approximately $16,500. Anthony Krutsch, CH2MHILL project manager, is in agreement with this approach to ensure that the plant has as little difficulty as possible in start up and to be put into full production as soon as possible. C) Staff recommends the City Council authorize the City Manager to sign the agreement with HDR, Inc. with a fee not to exceed $26,500. 10(b) West Side Water Treatment Plant AMMAAA • t .ir if � �`�.y i• � � •c T } i / � •�; - � �, Y `'- � f yr, •` 3• , 9i v •r �`�' l 4/� SHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING,INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this day of , 20�, between the City of Pasco ("OWNER"), with principal offices at 525 N. Third Ave., Pasco, WA 99301, and HDR ENGINEERING, INC., ("ENGINEER")a Nebraska corporation, with principal offices at 8404 Indian Hills Drive, Omaha,Nebraska, 68114 for services in connection with the project known as West Pasco WTP Startup Assistance ("Project"); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services("Services") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services. NOW,THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project,which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION H. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc. Terms and Conditions for Professional Services,"which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached"HDR Engineering, Inc. Terms and Conditions for Professional Services." SECTION IV. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on the basis of Time and Materials not to exceed Twenty Six Thousand Five Hundred Dollars ($26,500.00). Cost shall be an amount equal to salary cost times a factor of 3.2. Reimbursable expenses incurred in connection with such services shall be in addition to ENGINEER'S compensation. Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in connection with the Project for transportation travel, subconsultants, subcontractors, computer usage, telephone, telex,shipping and express,and other incurred expense. ENGINEER will add ten percent (10%)to invoices received by ENGINEER from subconsultants and subcontractors to cover supervision,administrative, and insurance expenses. CITY OF PASCO PAGE 1 HDR ENGINEERING,INC. WTP STARTUP AGREEMENT XXXXX.X12.1 SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perform the services described in Exhibit A within a reasonable period of time. Unless otherwise stated in this Agreement,the rates of compensation for ENGINEER'S services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER'S services are exceeded through no fault of the ENGINEER,the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates, measures and amounts of ENGINEER'S compensation shall be equitably adjusted. SECTION VI. SPECIAL PROVISIONS CITY OF PASCO PAGE 2 HDR ENGINEERING, INC. WTP STARTUP AGREEMENT XXXXXX/2.1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first written above. City of Pasco "OWNER" BY: NAME: TITLE: ADDRESS: 525 N. Third Avenue Pasco, WA 99301 HDR ENGINEERING,INC. "ENGINEER" BY: NAME: Miles L. Cross, PE TITLE: Vice President ADDRESS: 2805 St. Andrews Lp., Ste A Pasco, WA 99301 CITY OF PASCO PAGE 3 HDR ENGINEERING, INC. WTP STARTUP AGREEMENT XXXXXX/2.1 EXHIBIT A SCOPE OF SERVICES CITY OF PASCO PAGE 4 HDR ENGINEERING, INC. WTP STARTUR AGREEMENT XXXXXX12,1 EXHIBIT A: SCOPE OF SERVICES Background and Objectives The City of Pasco (City) is constructing a new 6 MGD pressure membrane water treatment plant at Court Street and 1-182 in West Pasco_ The City has requested that HDR Engineering, Inc. provide assistance to the City during startup and acceptance testing for this facility. System startup and acceptance testing is typically divided into the following phases: • Pre-demonstration Phase • Functional Demonstration • Performance Demonstration, and • Acceptance Testing. Consultant has the available technical skills required to perform these startup and acceptance testing services. Scope of Services This scope of services addresses Consultant and related services to assist City of Pasco with the startup and acceptance testing of their new membrane water treatment plant. The scope of services is organized into the following tasks. • Task Series 100 Project Management and QA/QC • Task Series 200: Pre-demonstration Phase • Task Series 300: Functional Demonstration Phase • Task Series 400: Acceptance Testing Phase. 1.0 Task 100 — Project Management and QA/QC Objectives Meet with City staff to review progress and define City preferences for accomplishing the work outlined in this scope of services. Provide for quality assurance/quality control (QA/QC) reviews of the recommendations and project deliverables. Consultant Services 1. Coordinate and manage the Consultant team. Prepare a Project Guide for startup and acceptance services. 2. Communicate and coordinate with the City project team via the City project manager. Attend miscellaneous project management meetings with the City. West Pasco WTP Startup Assistance 1 3. Provide QA/QC reviews of the recommendations and deliverables. 4. Prepare monthly invoices and project status reports. City Responsibilities 1. Participate in project coordination meetings. 2. Respond in a timely manner to issues brought out in the progress reports and through direct communication with the Consultant. Assumptions 1. The duration for completing the startup and acceptance testing services is anticipated to be completed by June 2010. 2. There will be up to 3 project management status meetings with the City. Deliverables 1. Monthly invoices and project status reports. 2. Meeting notes. 2.0 Task Series 200 — Pre-Demonstration Phase Objectives Review of construction contractor's and Pall's startup/commissioning plans. Consultant Services 1. Review Pall's control loop description and make comments on the loop descriptions focusing primarily on how the entire control system can be remotely operated while providing the City will the necessary save guards to produce water meeting the Washington Department of Health permit requirements_ 2. Review Pall's commission plan and make comments where modifications could be made to improve the overall startup sequence. 3. Review the construction contractor's startup/commissioning plan and make comments were modifications could be made to improve the overall sequence. 4. Assist the City in the development of startup check lists which can assist in the checkout of the membrane system and the plant's process systems. Assumptions 1. Construction/startup schedule will be provided and update on a monthly basis. by construction contractor. 2. Pall's control loop descriptions will be provided. 3. Pall's commissioning plan will be provided. West Pasco WTP Startup Assistance 2 4. Construction contractor's commissioning plan will be provided. 5. Construction contract documents (plans and specifications)will be provided in electronic format. 6. Procurement contract documents will be provided. Deliverables 1. Written comments on construction contractor's and Pall's startup. 2. Written comments on Pall's control loop descriptions. 3. Written comments on Pall's commissioning plan. 4. Written comments on construction contractor's commissioning plan. 5. Startup checklist developed from Pall's and contractors commissioning plants. 3.0 Task 300 Functional Demonstration Objective Provide assistance to City to demonstrate the functional integrity of the equipment and components comprising the West Pasco Water Treatment Plant prior to the introduction of clean water. Consultant Services 1. Assist the City in the demonstration of Pall's control system. Simulate and submit verification checklists of Pall's membrane system: a. Equipment functions with manual activation of PLC outputs. b. Manual activation of equipment functions from HMI/SCADA system. C. Manual HMI/SCADA system activation of equipment functions from HMI/SCADA including demonstration of field faults and instrument readings to HMI/SCADA. 2. Assist City in testing system and confirm status when power is lost to individual components demonstrated by opening disconnect, circuit breaker and fuses: a. Main control panel(s). b. PLC if provided. c. SCADA Computer if provided. d. Each individual instrument. e. Each VFD if provided. f. Each reduced voltage starter if provided. g. UPS system if provided. h. Confirm loss of signal response and out of range response for each analog instrument. West Pasco WTP Startup Assistance 3 i. Loss of Utility Power to system. City Responsibilities 1. Provide access to the facility. 2. City will have operational/maintenance personnel to assist in system verification. Assumptions 1. Construction Contractor and Pall will have performed initial functional checks. Deliverables 1. Consultant's Site Visitation memorandum of site visit during functional demonstration period. 4.0 Task 400 Performance Demonstration objective Provide the City with assistance during the performance demonstration period of the facility startup process. This is the phase of the startup where the Pall system demonstrates its function capability to meet contract and permit requirements with clean water prior to discharging permeate to the City of Pasco's distribution system. Consultant Services 1. Observe the operation of the facility under the following conditions and make comments on how to improve the functionality and reliability of the system: a. Under fully automatic PLC/SCADA control. b. Under remote control from Butterfield Water Treatment Plant. c. Under local PLC control from the West Pasco Water Treatment Plant. d. Under manual control. City Responsibilities 1. Provide access to the facility. 2. City will have operational/maintenance personnel to assist in system verification. Assumptions 1. Construction Contractor and Pall will have performed checks and completed checklists. Deliverables 1. Consultant's Site Visitation memorandum of site visit during performance demonstration period. West Pasco WTP Startup Assistance 4 5.0 Acceptance Testing Objective Provide the City with assistance during the acceptance testing period which will demonstrate the functional integrity of the mechanical, electrical, and control interfaces of the equipment and components of Pall's system. This phase will demonstrate the membranes capability to meet contract performance requirements including the duration of time specified between clean-in- place requirements. Consultant Services 1. Assist the City when required with the observation of the system performance and interpretations of the performance data collected during the acceptance test period. City Responsibilities 1. Provide access to the facility. 2. Provide acceptance test performance data. Assumptions 1. City's SCADA system and Pall's SCADA system will log and tabulate all required data necessary to evaluate system performance. Deliverables 1. One technical memorandum comparing contract performance requirements and testing performance data if requested by the City. 6.0 Schedule City will keep consultant informed of the progress of construction, installation of equipment and startup. City and Consultant will attempt to schedule on-site visits to the facility in conjunction with Consultant's regularly scheduled trips to the Pasco area. Consultant's time for on-site visits will be scheduled two weeks in advance of each required visit. 7.0 Budget For services described in this Scope of Services payment shall be made on a Time and Materiats basis. Anticipated costs are included in the attached Exhibit B Fee Schedule. West Pasco WTP Startup Assistance 5 BASIS OF FEE -ATTACHMENT B Compensation Direct Labor Rate Hours Subtotal Total John Koch $ 22100 83 $18,509.00 Bob Bower $ 176.00 13 $2,288.00 Julie Self $ 92.00 2 $184.00 Lesile Kirk $ 82.00 20 $1,640.00 Labor Cost 118 $22,621.00 Total Labor Cost $22,621.00 Expenses Direct Costs MileagefTravel/Ferry Tolls $3,395.20 Shipping/Postage/Courier Computer/Word Processing $483.80 Subtotal Direct Costs $3,879.00 Total Direct Costs Expenses $3,879.00 TASK TOTAL COMPENSATION $26,500.00 Task 1 3 2009 10 06 Budget for West Pasco WTP.)ds