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HomeMy WebLinkAbout2010.11.15 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 P.M. November 15,2010 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 1, 2010. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) I. To approve General Claims in the amount of $1,372,710.34 ($284,199.74 in the forma of Electronic Fund Transfer Nos. 1041, 1043 and 1044; and $1,088,510.60 consisting of Claim Warrants numbered 179430 through 179656). 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$229,574.25 and, of that amount, authorize $171,410.26 be turned over for collection. (c) Civil Service Commission Appointment: 1. Agenda Report from Gary Crutchfield, City Manager dated November 4, 2010. 2. PMC 2.33- 3. Application,Cos Edwards(Council packets only). To confirm the City Manager's reappointment of Cos Edwards to Position No. 2 on the Civil Service Commission, term to expire 2/17/16. *(d) Resolution No.3288, a Resolution accepting work performed by Premier Excavation,Inc.,under contract for the LID#146—Kurtzman Park Street Improvements, Project No. 09-3-07. 1. Agenda Report from Michael McShane,City Engineer dated November 2, 2010. 2. Resolution. To approve Resolution No. 3288, accepting the work performed by Premier Excavation, Inc., under contract for the LID #146—Kurtzman Park Street Improvements,Project No. 09-3-07, SRC} MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS. (a) (b) (c) 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) Pete Rieke re: Access to Chiawana Park (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Rcports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through October 2010. (c) Regular Meeting 2 November 15,2010 7. PUBLIC HEARINGS AND COUNCIL, ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) 2011 Property Tax Levy. 1. Agenda.Report from Dunyele Mason,Finance Manager dated November 4, 2010. 2. Tax Levy Rate History Chart. 3. Assessed Value History Chart. 4. Summary of Options. 5. Copy of Ordinance for the 2011 Ad Valorem Tax. 6. Copy of Ordinance Preserving Property Tax Levy Capacity. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance providing for the 2011 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: I inove to adopt Ordinance_ , providing for the 2011 Ad Valorem Tax 1..-Uvy, a le-.7 For the 1999 Unlimited Tax General Obligation Bonds and The 2002 Unlimited Tax General Obligatieu Refunding 13ondq. 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. MOTION: I move to adopt Ordinance , preserving Properly Tax Levy Capacity for fiscal years ai1c:r 2011 in accordance with. state law. Q*(b) Street Vacation (MF #VAC 10-007) A Portion of North Main Avenue (Dress, Johnson and Winters). 1. Agenda Report from David I.McDonald, City Planner dated November 9, 2010. 2. Vicinity Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance Nn. ,an Ordinance vacating a pc)rtion of North Main Avenue. MOTION: I move to adopt Ordinance T vacating a portion of North Main Avenue anal, further, authorize publication by surmmary only. Q*(c) Alley Vacation (MF #VAC 10-008) The North/South Alley in Block 137, Pasco Land Company's First Addition (City of Pasco). 1. Agenda Report from David 1.McDonald, City Planner dated November 9, 2010. 2. Vicinity Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating a portion of North Main Avenue. MOTION, I move to adopt Ordinance , vacating a portion of the North'South Ailey in BIoLk 137, Pasco l.amd Company 79 First Addition anti, further, .'authorize publicati on by srunmary. only. Q*(d) Street Vacation(MF#VAC 10-006) A Portion of Holden Street and Front Avenue(Oxarc). 1. Agenda Report from David I. McDonald,City Planner dated November 9, 2010. 2. Vicinity Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. ,an Ordinance vacating a portion of Ifolden Street and Front Avenue. MOTION : 1 move. to adapt Ordinance - __, vacating a portion of Heltduu Strect and front Avenue and, further, authorize publication by sununary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Chapter 14.08 of the Pasco Municipal Code, Public Works Construction Standards and Section 3.07.180 regarding Public Works Inspections. 1. Agenda Report from Stan Strebel,Deputy City Manager dated October 26, 2010. 2. Proposed Ordinance. MOTION: l inove to adopt Ordinance No. , amending the Pasco Municipal Code regarding Public Works lnapection nnd, further, authorize publication by suniniary=only. Regular Meeting 3 November 15, 2010 (b) Resolution No. , a Resolution of the City Council of the City of Pasco, Washington, relating to public improvements; declaring its intention to order the improvement of Waldemar, Cedar, Hugo and Sveamore Avenues and Alton, Helena and Butte Streets in the Kurtzman area and to create a Local Improvement District to assess a portion of the cost and expense of carrying out those improvements against the properties specially benefited thereby; and, notifying all persons who desire to object to the improvements to appear and present their objections at a. hearing before the City Council to be held on December 20, 2010. 1. Agenda Report from Rick White, Community & Economic Development Director dated October 29, 2010. 2. Vicinity Map. 3. Map of the proposed Local Improvement District (LID)area and completed LID 146. 4. Proposed Resolution. MOTION, I rrcov-,; to approve R'c-alution No. re-knitig to pitblie im .pnovem ents; dec>tatri+tg the city's intention to order the improventeatt of Waldemar, Cedar, Hugo wid Sycamore. Avenues and Alton, Ilelena and Butte Streets in the Kurtzman area and to create a Local Improvement District to assess a portion of the cost and expense of carrying out those iniprovenients agaiiist tltc: proNrties specially betke6tcd thereby: mid, notifying all pc".,ns who desire. to of-ject Jig 11 irmprovemtt tnts to appear and present their ohjuctiot at a hearing before the 9C`i1.4 Courtc,il t{? he held on Duccmbur 20,2010. (c) Resolution No. , a Resolution accepting work performed by Ziegler Construction Co. under contract for the Memorial Pool Remodel Project. 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated November 3, 2010. 2. Resolution. MOTION: I mow to approve:Resolution No. ., ac:cepting, the work performed by ;liogler Construction Co.. under contract for the Memciti_gl Pool PL:tnodel_ 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Commercial Avenue Phase 3C, Pipe Line Casing Spacers, SR.395 & Foster Wells Road, Project No. 10-2-01: I. Agenda Report from Jess Greenough,Field Division Manager dated November 9,2010. MOTION: I moire to rtatifp tho award for iho low quote received for Cnminerc;ial Avenue Pharr 3C, Pipe Line C<rniiig Spacers, SR395 & Foster We11s Road, Projecm No� 10-2-01 per PMC 14-11-010, *(b) Broadmoor Pump Station Improvements,Project No. 10-2-05: 1. Agenda Report from Jess Greenough,Field Division Manager dated November 10, 2010. 2. Bid Summary, 3. Vicinity Map, JRC) MOTION: move to awai;d the luw bid for Broedmoor pump S1 ation hupmvement.s, Pronjem No.. 10-2-05 to Booth & Sans Construction, 111c.. in the amount of 128,159.91 p]us aprpheablu sales tax and, fuAlucr, authorize the Mayor to sign the,coutract docuinents_ 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter Regular Meeting 4 November 15,2010 REMINDERS: 1. 6:00 p.m., Wednesday, November 17, Richland Library — Tri-Cities Regional Public Facilities District Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 2. 12:00 p.m,, Thursday, November 18, 515 W. Clark Street -- Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; AL YENNEY, Alt.) 3. 11:30 a.m., Friday, November 19, Sandberg Event Center — Renton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 1, 2010 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmeinbers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel; Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Denis Austin, Police Chief and Dunyele Mason, Financial Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated October 18, 2010. (b) Bills and Communications: To approve General Claims in the amount of$1,601,539.53 ($616,799.30 in the form of Electronic Fund Transfer Nos. 1034 through 1040, 4061, 4087 and 4096; and $984,740.23 consisting of Claim Warrants numbered 179259 through 179429). To approve Payroll Claims in the amount of$2,508,491.61, Voucher Nos. 41930 through 42028; and EFT Deposit Nos. 30040438 through 30040985. (c) Tourism Promotion Area: To approve the 2011 Business and Marketing Plan and Operating Budget for the Tourism Promotion Area in the total amount of$825,000. To approve the 2011 Special Project Expenditure for the Tourism Promotion Area in the amount of$140.000 to be funded 1iom the TPA reserve balance. (d) Resolution No.3284, a Resolution accepting work performed by Culbert Construction, Inc., under contract for the East Road 40 Sewer Extension, Project No. 09-1-03. "1'o approve Resolution No. 3284, accepting the work performed by Culbert Constniction Inc., under contract for the East Road 40 Sewer Extension, Project No. 09-1-03. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA 1'rEMS: Mr. Mac Miller, Boise Idaho, addressed Council regarding a rock in Volunteer hark. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison reported on the TRIDEC Board of Directors meeting. Ms. Francik reported on the Old Fire Pension Board meeting. Mr. Yenney noted he received the AWC Certificate of Municipal Leadership. 1 MIN U TES REGULAR MEETNG PASCO CITY COUNCIL NOVEMBER 1, 2010 Mayor Watkins reported on the Franklin County Emergency Management Council Board meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3974, an Ordinance relating to Local Improvement District No. 145; fixing the amount, form, date, interest rates, maturity and denominations of the Local Improvement District No. 145 Bonds; providing for the sale and delivery thereof to Piper Jaffray & Co. in Seattle, Washington; and fixing the interest rate on Local Improvement District No. 145 assessment installments. Mr. Strebel, Deputy City Manager and Ms. Jane Towery, representing Piper Jaffray, explained the details of the Bond Sale. MOTION: Ms. Francik moved to adopt Ordinance No. 3974, relating to Local Improvement District No. 145; fixing the amount, form, date, interest rates, maturity and denominations of the Local Improvement District No. 145 Bonds; providing for the sale and delivery thereof to Piper Jaffray & Co. in Seattle, Washington; and fixing the interest rate on Local Improvement District No. 145 assessment installments and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Chapter 14.08 of the Pasco Municipal Code, Public Works Construction Standards, and Section 3.07.180 regarding Public Works Inspections. Mayor Watkins requested this item be removed from agenda. Council concurred. Resolution No. 3285, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the co-location of a cellular antenna and new equipment enclosure in an R-1 (Low-Density Residential) Zone. Council and staff discussed the special pen-nit, MOTION: Ms. Francik moved to approve Resolution No. 3285, approving a special permit for the co-location of a cellular antenna and new equipment enclosure at 1016 N. 14th Avenue. Mr. Garrison seconded. Motion carried 6-1 . No - Larsen. Resolution No. 3286, a Resolution accepting the Planning Commission's recommendation and approving a special permit for the location of an auto sales lot in a C-1 (Retail Business) Zone. Council and staff discussed the spccial permit. MOTION: Ms. Francik moved to approve Resolution No. 3286, approving a special permit for the location of an auto sales lot at the southeast corner of the intersection of South 10th Avenue and "A" Street. Mr. Yenney seconded. Motion carried unanimously. Resolution No. 3287, a Resolution accepting the Planning Commission's recommendation and approving a special permit for sports facility renovations at the Pasco High School. Council and staff discussed the special pen-nit. MOTION: Ms. Francik moved to approve Resolution No. 3287, approving the special permit for sports facility renovations at the Pasco High School as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: Ratify Wastewater Treatment Plant Sludge Bed Paving and Wall Modifications; 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 1, 2010 Mr. Qayouini explained the details of the project. MOTION: Ms. Francik moved to ratify the City Manager's award of the Wastewater Treatment Plant Sludge Bed Paving and Wall Modifications project to A&B Asphalt, Inc.., in the amount of$58,288.12, including applicable sales tax. Mr. Garrison seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mayor Watkins inquired about the City's preparations for snow season. He also reminded everyone the Budget Workshop will be held Monday, November 8"' at 6 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:32 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 15th day of November, 2010. 3 CITY OF PASCO Council Meeting of: November 15,2010 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished,the services rendered or the labor performed as described herein and that the claim is a just,due and unpaid obligation ai t the anl'4oat we are authorized to authenticate and certify to said claim. rr O Gary Cr chfield, Ci er D eIe Maso , Finance(Services Manager r 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 Electronic Fund Transfer No.s 1041, 1043 and 1044 in the amount of$284,199.74, have been authorized;that Check No.s 179430 through 179656 are approved for payment in the amount of$1,088,510.60, for a combined total of $1,372,710.34, on this 15th day of November, 2010. Councilmember Councilmember SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 445.90 Judicial 12,717.18 Executive 5,500,80 Police 225,788.21 Fire 14,056.15 Administration & Community Services 89,297.23 Community Development 9,799.09 Engineering 808.36 Non-Departmental 35,331.89 Library 1,509.09 TOTAL GENERAL FUND: 395.253.90 STREET 177,993.47 C. D. BLOCK GRANT 51,803.17 KING COMMUNITY CENTER 2,367.11 AMBULANCE SERVICE 8,299.65 CEMETERY 604.49 ATHLETIC PROGRAMS 876.72 SENIOR CENTER 5,140.18 MULTI MODAL FACILITY 2,056.23 RIVERSHORE TRAIL&MARINA MAIN 72.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 0.00 PARKS FUND 0.00 TRAC DEVELOPMENT 93.613.45 STADIUM/CONVENTION CENTER 0.00 SPECIAL ASSESSMNT LODGING 0.00 GENERAL CONSTRUCTION 54,056.29 WATER/SEWER 370,121.36 EQUIPMENT RENTAL-OPERATING 29,967.15 EQUIPMENT RENTAL-REPLACEMENT 15,544.00 TRI CITY ANIMAL CONTROL 105.74 MEDICAUDENTAL INSURANCE 119,212.06 CENTRAL STORES 105.61 PUBLIC FACILITIES DIST 0.00 PAYROLL CLEARING 45,517.76 LID CONSTRUCTION 0.00 GRAND TOTAL ALL FUNDS: $ 1,372,710.34 3(b)ul AGENDA REPORT FOR: City Council DATE: November 10,2010 TO: Gary Crutchfield; � bager REGULAR: November 15, 2010 r Rick Terway,A0t istrative&Community Services Director FROM: .Dunyele Mason,Financial Services Manager- SUBJECT: BAD DEBT WRITE-OFF'S/COLLECTION. 1. REFERENCE(S l: Write-off and collection lists are on file in the Finance Department. lI. ACTKQN 1' QQBSTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: i move to approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $229,574.25 and, of that amount, authorize$171,410.26 be turned over for collection. Ill. HISTORY AND FACTS BRIEF: 1, UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed S10.00. Direct write off's including DSI-1S and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past.due. 4. CODE ENFtURCEM.ENT'.- LIENS .— These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the tine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed S 10.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$I0.00. 7. N1lSCF.Ll.AN1-:QU - "These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed S 10.00. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ 159.78 .00 159.1/8 Ambulance $ 57,117.23 11,987.35 69,104.58 Court A/R $ .00 152,560.00 152,560.00 Code Enforcement $ 886.98 5,902.91 6,789.89 Cemetery $ .00 .00 .00 General S .00 .00 .00 Miscellaneous $ .00 96{1.(10 960.00 TOTAL: $ 58,163.99 1171,4110.26 229,574.25 W. ALULNI TSATIVE ROf.l'1'1;NG: cc: Dot French., Municipal Court Clerk 3(b)■2 AGENDA REPORT TO: City Council r November 4, 2010 FROM: Gary Crutchfie it Manager Workshop Mtg.: 1 1/8/10 $ Regular Mtg.: 11/15/10 t SUBJECT: Civil Service Commission Appointment I. REFERENCE(S): 1. PMC 2.33 2. Application, Cos Edwards II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/S: Discussion 11/15: MOTION: 1 move to confirm the City Manager's reappointment of Cos Edwards to Position No. 2 on the Civil Service Commission term to expire 2/17/16. III. FISCAL IMPACT: (none) IV. HISTORY AND FACTS BRIEF: A) State Law (RCW 41.08 and 41.12) requires the city to maintain a Civil Service Commission for its Police and Fire Departments. PMC 2.33 provides for the Pasco Civil Service Commission and appointment of its members to six-year terms. B) The Civil Service Commission is to be composed of three citizens to assure fairness and impartiality in the hiring and promotion of Lmiformed police and fire employees. The Commission also decides appeals of discipline administered to uniformed Police and Fire employees, when such employees elect to use the Civil Service Commission hearing process (rare occasions) rather than the grievance arbitration process afforded in their respective bargaining contracts. In addition, the city has designated the Civil Service Commissioners to fill the role of a personnel board to consider certain appeals of issues relating to non-uniformed employees who are not otherwise covered by a collective bargaining agreement. V. DISCUSSION: A) The key attributes of a Civil Service Commission/Personnel Board member are experience in managing people in the workplace and the ability to make a fair and impartial decision based on the facts surrounding an issue. Mr. Edwards has demonstrated that ability for more than 20 years as a member of the Civil Service Commission. It should be noted, also, that Mr. Edwards contributes to the ethnic diversity of the Commission, thus reflecting the diversity of the community at large. B) Although appointments to the Civil Service Commission are made by the City Manager, PMC 2.33 provides for"...consent of the City Council." Consent of the City Council is hereby requested (in the form of the proposed motion). 3(c) CHAPTER 2.33 CIVIL SERVICE COMMISSION & PERSONNEL BOARD Sections: 2.33.010 CREATED - PURPOSE.........................................................................27 2.33.020 MEMBERSHIP......................................................................................27 2.33.030 CIVIL SERVICE RULES ......................................................................27 2.33.040 POWERS AND DUTIES OF PERSONNEL. BOARD..........................27 2.33.050 FIRE CHIEF EXCEPTED......................................................................27 2.33.060 POLICE CHIEF EXCEPTED ............................................................... 27 2.33.010 CREATED - PURPOSE. There is created pursuant to RCW 41.08 and RCW 41.12 a Civil Service Commission for the Fire Department and Polies Department, and a Personnel Board for all employees of the City. (Ord. 3266 Sec. 5, 1997.) 2.33.020 MEMBERSHIP. Residents of the City of Pasco being citizens of the United States will be eligible for appointment. The City Manager will make all appointments to the commission with consent of the City Council, following rules established in RCW 41.08 and RCW 41.12, Members of the Civil Service Commission will also serve as members of the Personnel Board. (Ord. 3266 Sec. 5, 1997.) 2.33.030 CIVIL SERVICE RULES. The Commission shall adopt rules as provided for in RCW' 41.08 and RCW 41.12 respectively. Commission Rules may be amended and updated from time to time. (Ord. 3266 Sec, 5;1997.) 2.33.040 POWERS AND DUTIES OF PERSONNEL BOARD. It shall be the duty of the Personnel Board to: A) Hear grievances in accordance with rules of procedures and practices to be adopted by the Board, but informality of proceedings or in the manner of taking testimony shall not affect any action of the Board. B) Advise the appointing authority on matters brought before the Board by the appointing authority. C) Keep such records as may be necessary for the proper execution of the powers and duties of the Board, (Ord. 3266 Sec. 5, 1997.) 2.33.050 FIRE CHIEF EXCEPTED. Any person appointed as Fire Chief after January 25, 1994 shall be excepted from inclusion within the perview of the Civil Service System created by this chapter. (Ord. 3545 Sec. 33, 2001) 2.33.060 POLICE. CHIEF EXCEPTED. Any person appointed as Police Chief after January 25, 1994 shall be excepted from inclusion within the perview of the Civil Service System created by this chapter. (Ord. 3545 Sec. 33, 2002.) AGENDA REPORT NO. 31 FOR: City Council November 2, 2010 TO: Gary Crutchfield, 1 gcr Alu-nad Qayoutni, c Works Director G FROM: Michael Mc 1 3 City Engineer Regular Mtg.: 11i 15110 SUBJECT: Accept LID 4146—Kurtzman Park Street Improvements, Project 409-3-07 I. REFERENCE(S): 1 . Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 11115: MOTION: 1 move to approve Resolution No. accepting the work performed by Premier Excavation, Inc., under contract for the LID 4146 - KuAzinan Park Street Improvements, Project #09- 3-07. III. FISCAL IMPACT: LID Construction Fund Utility Fund IV. HISTORY AND FACTS BRIEF: A) On April 19, 2010, Council awarded the LID 4146 — Kurtzman Park Street Improvements, Protect 409-3-07 to Premier Excavation, Inc. for $511,399,79. V. DISCUSSION: A) The final project cost was $511,842.67. The work is now complete and staff recommends acceptance of this work. 3(d) RESOLUTION NO. L9>9 A RESOLUTION ACCEPTING tiN/ORK PERFORMED BY PREMIER EXCAVATION, INC., UNDER CONTRACT FOR THE LID 4146 — KURTZMAN PARK STREET IMPROVEMENTS, PROJECT #09-3-07. WHEREAS, the work performed by PREMIER EXCAVATION, INC., under contract for the LID #146 —Kurtzman Park Street Improvements, Project #09-3-07, 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 Cite 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 PREMIER EXCAVATION, INC., under contract for the LID #146 — Kurtzman Park. Street Improvements, Project 909-3-07, 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 rctainage bcinR 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 15th day of November, 2010. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L, Clark Leland B. Kerr City Clerk City Attorney GENERAL FUND OPERATING STATEMENT THROUGH OCTOBER 2010 CASH BASIS YTD % OF YTD TOTAL % OF 2010 2010 ANNUAL 2009 2009 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 5,343,701 5,850,000 91.3% 5,086,982 5,746,237 88.50/C SALES 6,898,474 7,700,000 89.6% 6,476,975 7,903,866 81.9% UTILITY 6,565,706 7,615,000 86.2% 6,560,306 8,408,836 78.0% OTHER 815,043 1,015,000 80.3% 888,854 1,200,322 74,1% LICENSES & PERMITS 1,553,139 1,020,200 152.2% 1,425,578 1,586,917 89.8% INTERGOV'TREVENUE 1,604,192 1,710,017 93.8% 1,143,900 1,841,103 62.1% CHARGES FOR SERVICES 2,152,664 2,807,220 76.7% 2,119,603 2,559,213 82.8% FINES&FORFEITS 748,337 927,700 80.7% 775,261 1,012,084 76.6% MISC. REVENUE 545,938 733,700 74.4% 642,983 831,708 77.3% OTHER FIN. SOURCES 396,458 94,000 421.8% 211,213 281,602 75.0% TOTAL REVENUES 26,623,652 29,472,837 90.3% 25,331,655 31,371,888 80.7% REVISED BEGINNING FUND BAL 6,134,923 6,000,000 6,845,445 6,845.445 TOTAL SOURCES 32,758,575 35,472,837 92.3% 32,177,100 38,217,333 84.2% EXPENDITURES: CITY COUNCIL 97,680 116,525 83.8% 91,057 113,372 80.3% MUNICIPAL COURT 1,005,866 1,240,853 81.1% 1,023,251 1,271,360 80.5% CITY MANAGER 711,057 889,415 79.9% 659,483 846,087 77.9% POLICE 9,198,390 10,763,443 85.5% 8,895,750 11,113,466 80.0% FIRE 3,493,548 4,174,624 83.7% 3,317,978 4,183,650 79.3% ADMIN & COMMUNITY SVCS 4,524,709 5,315,423 85.1% 4,393,831 5,359,879 82.0% COMMUNITY DEVELOPMENT 848,769 1,035,931 81.9% 933,454 1,144,900 81.5% ENGINEERING 865,433 1,136,332 76.2% 1,048,255 1,247,386 84.0% MISC. NON-DEPARTMENT 3,128,275 4,197,325 74.5% 3,553,529 5,554,601 64.0% LIBRARY 1,013,842 1,300,875 77.9% 1,034,892 1,247,709 82.9% TOTAL EXPENDITURES 24,887.569 30,170,746 82.5% 24,951,480 32,082,410 77.8% ENDING FUND BALANCE 5,302,091 6,134,923 TOTAL EXPEND AND END FUND BALANCE 35,472,837 38,217,333 AVAILABLE CASH BALANCE 7,871,006 7,225,620 PERCENTAGE OF BUDGET ALLOCATED FOR 10 MONTHS 83.3% • Authorized but non-budget expenditures of $98,750 (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 DATE: 1114110 WORKSHOP: 1118110 REGULAR. 11/15/10 TO: Gary Crutchfi(eli anager Rick Terway, A iris istrative& Community Services Director FROM: Dunyele Mason, Financial Services Manager r SUBJECT: 2011 Property Tax Leis — Report 1. REFERENCE(S): 1. Tax Levy Rate History Chart 2. Assessed Value History Chart 3, Summary of Options 4. Copy of Ordinance for the 2011 Ad Valorem Tax 5. Copy of Ordinance Preserving Property Tax Levy Capacity II. ACTION REQUESTED OF COUNCIL/S'T'AFF RECOMMENDATIONS: 1118110 Discussion 11/15/10 Public Hearing Motion: 1 move to adopt Ordinance No , providing for the 2011 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 2011 in accordance with State law, 11.1. IIISTORY 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. From 1994 through 1999, the levy rate was reduced by not levying any of the allowable 6% increase available at that time. In November 1999, the legislature reduced the Motor Vehicle Fxcise Tax (MVET) to $30 per vehicle. To compensate for this loss, Council elected to use most of the unused or banked levy capacity. The levy rate for 2000 taxes was set 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 1% or the Implicit Price Deflator (IPD), without voter approval. In November 2007, that initiative was challenged and ruled unconstitutional in the Washington State Supreme Court; that decision returned the limit to the lesser of 6% or 1PD. Council chose not to increase the 2008 property tax levy rate by any allowable legal limit. In January 2008, the legislature placed into law those limits (suggested by I-747). The legal limit was to be the lesser of I% or IPD; this limit is still in effect today. IPD is a national inflation indicator much like the Consumer Price Index. The IPD figure to be used for the 2011 tax calculation is 1.539%. The preliminary budget document has been prepared using an estimated property tax levy of $6,000,000 which is less than Option 1 and Option 2 as can be seen in the attached Summary of Options. Option 1 reflects an increase of$58,653 allowed by the 1%limit while Option 2 retains 100% of the 2010 levy. Option 3 shows the maximum amount the City could collect if Council chose to levy all prior property tax authority that has been preserved for future use. 7(a) 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, and major tax revenues for 2011 are projected to hold steady with 2010 year end estimates. Pasco has been fortunate in that our prior budgeting practices included conservative budgeting in several areas which has consistent fund balances to prepare the 2011 budget. Staff is projecting a $6 million beginning fund balance in the General Fund for next year. The property tax levy for 2011 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 $3,049,417,376 which is used to calculate the 2011 property taxes. This amount includes new construction of $120,591,600 and increase in the State assessed utilities values of $3,044,089. There were no annexations of property before the cutoff date of March 3151. The Franklin County Assessor's Office now re-assesses all properties in the County each year. GENERAL PROPERTY TAX LEVY Several options for setting the 2011 levy are outlined as follows: Option 1: Since the IPD is greater than 1% (1.539%) last year's levy would be increased by the allowed 1% of $58,653 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 leery. 2010 Total General Property Tax Levy $5,865,306 1% increase in the levy rate based on the allowable maximum increase amount(Lesser of IPD or 1%) 58,653 New Construction Values of$120,591,600 using the 2010 rate of$1.9986/$1,000 Assessed Value 241,008 New Annexation Values of$0 using the 2010 rate of$1.9986/$1,000 Assessed Value 0 Increase in the State Assessed Utilities of$3,044,089 using the 2010 rate of$1.9986/$1,000 Assessed Value 6.0 Total Proposed 2011 Levy $6,171,051 A 2011 General bevy of$6,171,051 using the assessed value of $3,049,417,376 calculates to a levy rate of$2.0237 per $1,000 of assessed value. Under this option, the 2011 levy rate would be approximately $0.02 per$1,000 higher than the 2010 rate of$1.9986. Option 2: Council could choose not to assess the 1% allowed and there would be no increase from 2010 to 2011's levy except to add increased value related to new construction, annexations and the changes in the value of State assessed utilities. This would set the levy rate at $2.0045 per $1,000 of assessed value. The modest increase in the levy rate of $0.0059 is a fiuiction of changes in the assessed value between 2010 and 2011. Using Option 2, the 2011 total General Property Tax Levy would be $6,112,398. Under Option 2, the 2011 General Property Tax "base" levy would remain unchanged at $5,865,306 compared to the $58,653 increase as described in Option 1. Option 3: Beginning in 1993 and continuing through 2010, the City has preserved its accumulated taxing capacity of$740,106 with exception of the utilization in the late 90's and of$48,661 last year. The amount currently preserved totals $740,106. if the City was to levy all of the tax available in Option 3 and choose to levy all the preserved levy capacity, the general levy would increase to $6,911,157. The levy rate would calculate to $2.2664 per $1,000 of assessed value, still well below the maximtun rate allowed per State statute of $3.60 per $1,000 of assessed value. Selecting this option would require 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 RC:W 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 beeu prepared should any unused levy capacity be available to preserve. 1999 UNLIMITED TAX GENERAL OBLIGATION BOND DEBT SERVICE The 2011 debt service requirement for the 1999 UTGO Bonds issued for the purpose of the Library Remodel and Fire Station Relocation is $65,757 and $83,293, 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 $2,638,248,230; this will result in levy rates of approxiinately $0.0249 and $0.0316, respectively, or a combined levy rate of $0.0565. The 2010 levy rates were $0.0269 and $0.0341, respectively, or $0.0610 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 2011 for the 2002 UTGO Refunding Bonds is $377,000 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 estimated at $2,377,118;846. This equates to a levy rate of $0.1586 per $1,000 of assessed value. This is a slightly lower rate compared to the 2010 levy rate of$0.1670, 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. Assessed Values $3.500 --- - - ., ----- -_ -__ - $3.000 -- ---- . ------ --- - - ----- - -- -- - .«� _ $2.500 c $2.000 3 m $1.500 - - - -- - _ _._. . - ........ $1.000 $0.540 _..--_._.-_._____. ._._____._._...-----__._._-_._. $0.000 2002 2003 2004 2005 2006 2007 2005 2009 2010 2011 , ..-- ----- -- - - --- -- - - ,_. Property Tax Lev y Rate History (General Fund Portion) $3.5000 — Per $1,000 of Assessed Value 3.0634 $3.0000 $2.5000 _.�_._._...�.,.,.._....�..._..�....._.. �.____-_ .___ __..�-�_.,�,._ $2.0045 $2.0000 $1.5000 $1.0000 $0.5000 I - - ---- $0.0000 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2011 SUMMARY OF OPTIONS Assessed Value (including .New Construction.Annexations& Utilities) $ 3,049,417,376 OPTION 1 2010 Total General Property Tax Levy $ 5,865,306 1.539% IPD- Increase in the levy rate based on the 58,653 allowable maximum increase amount (Lesser of IPD or PI/o) 1% New Construction Values of $ 120,591,600 at the 2010 rate of $ 1.9986 per$1,000 241,008 of Assessed Value Annexation Values of $ at the 2010 rate of $ 1.9986 per $1,000 0 of Assessed Value Increase in the State Assessed Utilities S 3,044,089 at the 2010 rate of $ 1.9986 per$1,000 6,084 of Assessed Value Levy rate of $ 2.02368 per $1,000 of Total Assessed Value $ 6,171,051 OPTION 2 2010 Total Generai Property "fax Levy $ 5,865,306 IPD - No Increase of I % in the levy rate 0 New Construction Values of $ 120,591,600 241,008 at the 2010 rate of $ 1.9986 per$1,000 of Assessed Value Annexation Values of $ - 0 at the 2010 rate of $ 1.9986 per $1,000 of Assessed Value Increase in the State Assessed Utilities $ 3,044,089 at the 2010 rate of $ 1.9986 per $1,000 6,084 of Assessed Value Option 2 Levy rate( $ 2,00445 per$1,000 of Total Assessed Value $ 6,112,398 OPTION 3 2010 Total General Property Tax Levy $ 5,865,306 Declare substantial need and increase last year's rate up to 1% 58,653 New Construction Values of $ 120,591,600 at the 2010 rate of $ 1.9986 per $1,000 241,008 of Assessed Value Annexation Values of $ - at the 2010 rate of $ 1.9986 per $1,000 0 of Assessed Value Increase in the State Assessed Utilities $ 3,044,089 at the'201 U rate of $ 1.9986 per $1,000 6,084 of Assessed Value Levy previous preserved capacity 740,106 Requires a "super majority" vote of the Council Levy rate of $ 126639 per$1,000 of Total Assessed Value S 6,911,157 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE 2011 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 (the population of which is greater than 10,000) has met and considered its budget for the calendar year 2011; §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 $6,112,398, 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 (2010) was $5,865,332. The City Council of the City of Pasco hereby authorizes the following increase in the regular property tax levy to be collected in the 2011 tax year. The dollar amount of the increase over the actual levy amount from the previous year shall be $0 (ZERO) which is a percentage INCREASE of 0% (ZERO PERCENT) from the previous year, This increase is exclusive cf additional revenue resulting from the addition of new construction and improvements, newly constructed wind turbines to property, 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 $241,008. This number is the result of the amount of new construction and improvements to property of$120,591,600, provided by the Franklin County Assessor's Office, multiplied by the 2010 levy rate of $1.9986 per $1 ,000 of that value. `The property tax from increased value in State assessed utilities is calculated to be $6,084. This number is the result of the increase in value of State assessed utilities of $3,044,089 multiplied by the 2010 levy rate of $1.9986 per $1,000. There was no additional amounts resulting from any annexations that have occurred or refunds made. §3. A tax for the following sums of money which includes new construction and annexations to defray the expense and liabilities of the City of Pasco be and the same is hereby levied for the purposes specified against all taxable property in the City for the fiscal year 2011: General Expense, including Councilmanic Bond Debt Service..........................$6,112,398 1999 Unlimited Tax General Obligation Bond/Library Remodel..............................65,757 1999 Unlimited Tax General Obligation Bond/Fire Station ......................................83,293 2002 Unlimited Tax General Obligation Refunding Bonds.....................................377.000 $6,638,448 §4. This Ordinance shall take effect Five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, on this 15th day of November; 2010. Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney 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 2011, City Council of the City of Pasco levied property taxes on all taxable property in the City for collection in fiscal year 2011 in the total amount of $6,112,398, which dollar amount is the sum of(a) $5,865,332 which is the amount of property taxes levied by the City in fiscal year 2010, plus (b) $0 of the allowable increase of the lesser of 1% or the Implicit Price Deflator (1,539%), (c) $241,008, which is the amount of additional taxes at the 2010 levy rate of 1.9986 cents per $1,000 of assessed value resulting from the addition of new construction and improvements to property in the City, plus (d) $0 relating to property annexed into the City during fiscal year 2010, and (e) $6,084, which is the amount of additional taxes at the 2010 levy rate of 1.9986 cents per $1,000 of assessed value resulting from the increase in value of State-assessed utility property in the City; and, WHEREAS, the City Council of the City desires to preserve in accordance with State law (including but not limited to Chapter 84.55 RCW) the capacity of the City to levy property taxes in future fiscal years after 2011, calculated as if the City in fiscal year 2011 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 [PD (1.539%) for the previous year and limit factors of 101% or 106% and IPT) for previous years as provided by RCW 84-55.0 101 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 2011 in a total amount of$6,911,157 (the "full amount allowed by law"), which dollar amount is the sum of (a) $6,664,065 (the lesser of the amount calculated by multiplying the allowable 2010 property tax levy of$6,605,412 times the limit factor of 101% (the lesser of 101% or IPD or the $3.60 per $1,000 statutory limitation), plus (b) $241,008, which is the amount of additional taxes at the 2010 levy rate of$1.9986 cents per $1,000 of assessed value resulting from the addition of new construction and improvements to property in the City, plus (c) $0 for property annexed into the City during fiscal year, and (d) $6,084, which is the amount of additional taxes at the 2010 levy rate of $1.9986 cents per $1,000 of assessed value resulting from the increase in value of State assessed utility; and WHEREAS, the full amount allowed by law for fiscal year 2011 of $6,911,157 is $798,759 greater than the actual property tax levy of the City for fiscal year 2011 of$6,112,398 and such excess of$798,759 represents the unused 2011 property tax levy capacity that the City desires to preserve for future fiscal years after 2011; 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 2011, the capacity to levy property taxes on all taxable property in the City in the amowit of 5798,759, which is equal to the unused levy capacity of the City for fiscal year 2011. 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 Live days i'ollowing 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 15th day of November, 2010. Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council November 9, 2010 TO: Gary Crutchfiel p-Manager Regular Mtg.: 11/15/10 Rick White, Community & iconomic Development Director C4 FROM: David 1. McDonald, City Planner SUBJECT: STREET VACATION (ly(r# VAC 10-007) A portion of North Main Avenue (Dress, Johnson and Winters) 1. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance 11. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: Conduct Public Hearing: 11115: MOTION: I move to adopt Ordinance No. an Ordinance vacating a portion of North Main Avenue and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE, IV. HISTORY AND FACTS BRIEF: A. Two thirds of the property owners adjoining North Main Avenue between Spokane Street and Salt Lake Street have petitioned to vacate that portion of Main Avenue abutting their property. B. The Council set November 15, 2010 as the date to consider the vacation, V. DISCUSSION: A. Much of North Maim Avenue, north and south of the proposed vacation area, has been vacated in the past. Although North Main Avenue was platted over 120 years ago most of the right-of-way has never been improved. Utilities however have been located in the North Main right-of-way for many years. When past segments of North Main have been vacated easements were retained for the benefit of those utilities. In this particular vacation, easements arc again needed for the sewer, electrical and phone lines that are located in the right-of-way, B. In addition to retaining easements as requested by the utility providers it will be necessary to retain a portion (30') of the north and south end of the street section proposed for vacation for firture turn-around areas. 7(b) Vicinity Item: Vacation - Ptn of Main Ave Map Applicant. Dress, Johnson and Winters N File #: VAC 10-007 . , .1 sus-m•. - •iti- • �` �•e =- ,ti t:r .. :+ems'" '`7 ,Area to b It - ,000 Vacated y -� 1 1L 1. } ►_ .. �w - r M M WHFN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3`d Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF NORTH MAIN 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 I. That all of North Main Avenue between a line lying 30 feet north and parallel to the north right-of-way line of Spokane Street and a line lying 30 feet south and parallel the south right-of-way line of Salt Lake Street, as depicted in Exhibit "l" be and the same is hereby vacated subject to the subject to the easement retained in Section 2 hereof. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the right-of-way vacated described in Section I above for the construction; repair and maintenance of public utilities and services. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City COLincl l of the City of Pasco, this 15th day of November 2010. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B.Kerr City Clerk City Attorney 1 Vicini ty Item: Vacation - Ptn of Main Ave Applicant: Dress, Johnson and Winters N Map File #: VAC 10-007 �O\l �Z �G Area Vacated SPOT' AGENDA REPORT FOIL: City Council 1 November 9, 2010 TO: Gary Crutchfiel anager Regular Mtg.: II/15/10 Rick White, Community & lonomic Development Director 41-1 FROM: David 1. McDonald, City Planner SUBJECT: ALLEY VACATION (MF# VAC 10-008) 'Ile north/south alley in Block` 137, Pasco Land Company's First Addition (City of Pasco) 1. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance Y1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: 11/15: MOTION: I move to adopt Ordinance No. , an Ordinance vacating a portion of the north/south alley in Block 137, Pasco Land Company's First Addition and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Over the years, iiurnerous streets and alleys have been vacated in the Pasco Land Company's First Addition and in the adjoining Freys Addition. As a result of these vacations a segment of alley has become land locked in Block 137, Pasco Land Company's First Addition. This alley is now surrounded by private property and is no longer accessible by the public or City maintenance crews. The alley has been fenced and has become more or less a private storage yard. B. The COU1161 set November 15, 2010 as the date to consider the vacation. V. DISCUSSION: A. There is no public purpose for the City to retain the remaining land locked alley right-of-way in Block 137, Pasco Land Company's First Addition. The alley contains no utilities, is inaccessible to the public, connects to no other public right-of-way and cannot be maintained by the Street Division. 7(c) Vicinity Item: Alley - Pasco Land Co. Blk. 137 Mai Applicant: city of Pasco File #: VAC 10-008 AN. Area to b -- Vacated too . ? ,dc r WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3`1 Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF NORTH MAIN AVENUE. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-o F•-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 COtINCLL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That all of North Main Avenue between a line lying 30 feet north and parallel to the north right-of--way line of Spokane Street and a line lying 30 feet south and parallel the south right-of--way line of Salt Lake Street, as depicted in Exhibit "1" be and the same is hereby vacated subject to the subject to the easement retained in Section 2 hereof. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the right-of-way vacated described in Section 1 above for the construction, repair and maintenance of public utilities and services. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five(5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 15th day of November 2010. Matt Watkins Mayor ATTEST; APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney 1 Vicinity Item: Alley - Pasco Land Co. Blk. 137 Applicant: Cof Pasco N Map File # : VAC 10-008 Area Vacated AGENDA REPORT FOR City Council ) November 9, 2010 TO: Gary Crutchfie ity ;. _aixager Regular Mtg.: 11/15/10 Rick White, Cornrnunity & conomic Development Director FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION (MF4 VAC: 10-006) A Portion of Holden Street and Front Avenue (Oxarc) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Conduct Public Hearing: 11115: MOTION: I move to adopt Ordinance No. , an Ordinance vacating a portion of Holden Street and Front Avenue and, further, to authorize publication by summary only. 111. FISCAL IMPACT: N ONE IV. HISTORY AND FACTS BRIEF: A. The two property owners adjoining the western end of Holden Street submitted a petition to vacate all of Holden Street lying west of Main Avenue and the entire unvacatcd portion of Front Avenue at the western end of Holden Street. B. The City Council originally set the hearing on the proposed vacation for October 4, 2010. The hearing was continued to November 15, 2010 to allow the petitioner's time to prepare cost estimates for road and utility modifications necessary to accommodate the vacation. V. DISCUSSION: A. A majority of past street vacations in Pasco have involved unimproved right-of- way or excess right-of=way along the margins of fully improved streets. In this case Holden Street is fully developed. The street cannot simply be vacated and fenced. If. Holden Street is vacated the existing street improvements will need to be modified to ensure the street will no longer appear as a public street. The petitioners have completed cost estimates for the necessary street modifications and are now prepared to move forward with the proposed vacation. R. Street modifications will include removing and replacing curb and gutter to realign the intersection of Holden Street and Main Avenue, disconnecting and/or relocating stormwater catch basins, street pavement and relocating a driveway. C. The proposed street vacation has been reviewed by the City Engineering Department and utility providers. There are several utility lines within the area proposed for vacation. An easement is needed for the benefit of the utilities. 7(d) Item: Vacation - Holden St/Front Ave Vicinity Applicant: Oxarc N Map File #: VAC 10-006 1A VIP � '�► � , ' � .� ''� ,�• `� ` mss.! .f ' ` Vo It idyll T l .� tea► � ` r �++ .y.. .t,{ � , � S' ` � - Area to be Vacated ON. w 11 wt IS A rST WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3`d Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF HOLDEN STREET AND FRONT 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 all of Holden Street lying westerly of the west right-of-way line of Main Avenue and all of unvacated Front Avenue adjacent to Blocks 97 and 98, Pasco Land Company's First Addition, as depicted in Exhibit"1" be and the same are hereby vacated subject to the conditions identified in Section 2 in consideration of the City's waiver of its right of compensation as provided in RCW 35.79.030 and subject to the easement retained in Section 3 hereof. Section 2. That the petitioners shall comply with the following requirements: A. The petitioners, at no cost to the public, shall close Holden Street crest of the west right-of-way line of Main Avenue by installing curb and gutter across Holden Street; B. Plans for said curb and gutter shall be designed by a professional engineer and approved for construction by the City Engineer; C. All pavement and road bed damaged by the construction of the new curb and gutter as-well-as all areas between the existing undamaged roadway and the new curb and butter shall be rebLdlt and paved meeting the Standard Specification of the City of Pasco and as approved by the City Engineer; D. The petitioners, at no cost to the public, shall modify/relocate stormwater catch basins and stonnwater piping impacted by the redesign of the Holden Street/Main Avenue intersection and install additional curb and gutter; 1 E. The petitioners, at no cost to the public, shall disconnect/close the existing stromwater catch basins; F. Plans for said stormwater modifications shall be designed by a professional engineer and approved for construction by the City Engineer; G. The petitioners shall be solely responsible for the relocation and reconstruction of the Oxarc driveway impacted by the street vacation; H. The street vacation described in Section 1 above shall be null and void if the requirements listed in Section 2 herein are not completed by October 31, 2011 . 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 described 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 slid publication as required by law. PASSED by the City Council of the City of Pasco, this 15th days of November 2010. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney 2 Exhibit Item• Vacation - Holden St/Front Ave #1 File p #:c VAC O l0r006 N i , �w ui Area Vacated \ � vvAvv S1 AGENDA REPORT FOR; City Council , October 26, 2410 TO: Gary Crutchfiel Manager Workshop Mtg.: 11/S/10 Regular Mtg.: 1 I/1 5110 FROM: Stan Strebel, Deputy City Mana SUBJECT: Public IN'orks Inspection I. REFERENCE(S): I. Proposed Ordinance 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/8: Discussion 11/1-5: MOTION: I move to adopt Ordinance No. amending the Pasco Municipal Code regarding Public Works Inspection and, further, authorize publication by summary only. Ill. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) Some time ago, the City adopted a provision in the fee section of the Municipal Code requiring "Development Inspection Fees" equal to 5% of construction costs. Unfortunately, the applicability of the fees was not defined in the Code. Additionally, as project costs increase, the fee based on a percentage of costs may increase to unrealistic and unreasonable levels. B) Staff believes a more reasonable basis for covering inspection costs is to assess a minimum fee ($90) for the first hour required for inspection services and $60/hour thereafter reflecting reasonable City costs (salary, benefits, transportation) for inspection services. C) The proposed ordinance, which is recommended for adoption, modifies the fee schedule and creates a new section defining when inspection fees are required. D) Inspection fees are imposed on public works infrastructure which will become the maintenance responsibility of the City. Unlike building construction permits, permits for public infrastructure do not include the cost of inspection. V. DISCUSSION: A) Staff recommends adoption of the attached Ordinance. 8(a) ORDLNANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Chapter 14.08 of the Pasco Municipal Code, Public Works Construction Standards, and Section 3.07.180 Regarding Public Works Inspections. WHEREAS,the City of Pasco desires to maintain quality construction of public works infrastructure; and WHEREAS, the City Council has determined that it is necessary and desirable to clarify requirements for public works inspection costs;NOW,THEREFORE, THE CITY COUNCIL OF TIIE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 14.08 of the Pasco Municipal Code is hereby amended with the addition of a new section to read as follows: 14.08.030 INSPECTION OF PUBLIC WORKS CONSTRUCTION. Whenever permitted construction of public works infrastructure(mainline water and sewer extensions, streets and right-of-way construction, including drainage systems and public utilities), as determined by the Public Works Director or his/her designee, requires inspection to assure compliance with City construction standards, the applicant or pertnitee shall be responsible for payment of a minimum inspection fee for the first hour of inspection time(as set forth in Chapter 3.07 of this code) and thereafter for the City's hourly costs(salary, benefits and transportation)of providing such inspection services. Inspection fees/costs shall be billed by the City on a periodic basis and payments shall be due within 30 days of billing. Section 2. Section 3.07.180 of the Pasco Municipal Code is hereby amended to read: 3.07.180 A-NO SG�,�EWE-R PUBLIC WORKS INSPECTIONS Fee/Chafe Reference A) Water Crews on Contractor Site $160.00 Ord. 3543 (after 1 S`visit) (per hour) B) Sewer Crews on Contractor Site $160.00 Ord. 3543 (after 1 S`visit) (per hour) Public Works Construction/Development Inspection Minimum Fee: $90 for first hour,thereafter. '60/hr 14.08-030 Section 3. This Ordinance shall take full force and effect five (5) days after its :approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of _2010. Matt Watkins,Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark,City Clerk Leland B.Kerr, City Attorney AGENDA REPORT FOR: City Council ��. October 29, 2010 TO: Gary Crutchf(i Manager Workshop Mtg.: 11/08/10 Regular Mtg.: 11 1I5 110 1 _ [~ROM: Rick White Community & Economic Development Director 11BJECT: Kurtzman [lark Neiabborhood Improvements 1. REFERENCE(S): I. Vicinity Map 2. Map of the proposed Local Improvement District (LID) area and completed LID 146 3. Proposed Resolution 11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMME,NDATIONS: 11/08: Discussion 11 115: [MOTION: I move to approve Resolution relating to public improvements; declaring the City's intention to order the improvement of Waldemar, Cedar, II Igo and Sycamore Avenues and Alton, Helena and Butte Streets in the Kurtzman area and to create a Local Improvement District to assess a portion of the cost and expense of carrying out those improvements against the properties specially benefited thereby; and, notifying all persons who desire to object to the improvements to appear and present their objections at a Bearing before the City Council to be held on December 20, 2010. 1111. FISCAL IMPACT: TV. HISTORY AND FACTS BRIEF: A. Following a public outreach effort in 2006, the City accepted the Kurtzman Paris Action Plan in early 2007. The flan was developed as a result of neighborhood input and established a priority system fnr neighborhood improvements including infrastructure (sidewalks, curbs, gutters, street lights and in some cases utilities), increased Code Enforcement efforts and an increased Police presence. 1'3. LID 146 (Reference #2) was completed this past summer for the southern portion o1' the Kurtzman neighborhood using a combination of federal stimulus and Community Development Block Grant (CDBG) finds and owner contributions. C. City Council has allocated $334,000 in 2011 CDBG funds as a means oil financing a portion of the missing infrastructure in the proposed LID area. The cost for curb, gutter, sidewalk, street lights and street paving is estimated at $1,337,206. CDBG funds can also be used to pay assessments for lower income residents similar to a program that is now in place for the payment of utility LTD's. Staff intends to request CDBG funds in the 2012 allocation process for LID assistance. D. Sewer Extension Projcct #10-1-01 (sewer extension in Sycamore, Cedar, Waldemar and Alton) was recently awarded by City Council and will likely be complete Before the end of 2010. E, Four neighborhood meetings were conducted this year (April, May, August and October) to explore the level of neighborhood interest in an LID. Almost all residents attending were interested in moving forward with the LID process — with the understanding that cost estimates for individual properties would need to be developed. g(b) V. DISCUSSION: A. The infrastructure cost noted above is a preliminary estimate. Formal cost estimates in the LID process are obtained by preparation of a preliminary assessment roll. Most residents that attended the neighborhood meetings are anticipating a public hearing as the first step in order to learn estimated costs and the potential for individual CDBG assistance. B. The bOUndaries of the actual LID are subject to change based on public interest, engineering design of the improvements, costs and the City's success in obtaining necessary right of way on Cedar, Hugo and Sycamore Avenues and Alton Street. C. Neighborhood improvement in areas lacking or experiencing decay of infrastructure is a longstanding Council goal. The use of CDBG monies for an area-wide benefit and for LID assistance can minimize the impact of improving neighborhood infrastructure on low income households. � - - -- i•�_�w rrrn�fi,Y,%t'��y�y�i�, � rt a � ...�'.�-r `s: . ,.f J� nC—'""�'_ ''..-`rr,r,/�' •`l•.. 1'�. }, t ,Q�, N h r Y F 11^ i � r��. -, f"'L=,F t1 { ! — n S� + / -�►r - &r A. M xy'� -1�.1 -. •of\ � K'i �� F!• �..�nf..,-' P.. r~ gpi �t ! � r r;s�fei�l�' t-i -,41 �' :1'ti.�u^rr��• �};..:. '�+'G �� .�•' .'t!P'�.s•`- � �S4T''d . +���t',, �s�w ;; -+�. Y A �j �,,.� •,tom t� y.�_ �d�,2 +M y� ':i ' t��\�" �~� !� T ,�.� •i• �4.� I `f ��!T_✓.��r.i� fry Mr, \\\ } !" +aa-�r� ��s• � '� �'' lr'r. ��•GG `. "Y � •''..� ,:�.,y}°S�y�`t:;r��.—sx�•1 �;. Via, At lrh \�.e+�—s��C•: �,�y G- •�t Ly•r�• �Y �•1 ,�.� � rFG�I�• i�6 •'• i� .i ytyfukS�T''T• g ��' - •1+� y5}II1 : 1 - G is r/ ?!* `\-✓ l r ` r G y�."I Ems` ' �,, �• W� rF, AT 1{ } �t•*� {M V\G, ? ' —w� Y � 171�ri r r•�F +���Ir � *�I=�7'N� �.j .lrl���F�� - 1 al I. � ..�-"�'�✓"'` 'mil ,. � � c�;!i; �'``��'''�..''����,••..�r�.i 1 t,. '�.- �1 # %,t ti`tJ J � Legend f{(.....�..T1 Kurtzman LID �� `� =yrFra';' Cf�yr,• �,,,� �"� f Missing Sidewalks � �+• A F+• Churches Proposed Kurtzman p � Houses y Local Improvement District ► - f —� ! I 1 I I _Reference 2 - Mafia Proposed LID Proposed Kurtzman T Local Improvement District LEWIS ST --- +T LU • � 1 A I ♦ � -- I g • • - -_ — _ * ♦ r • ALTON ST _------ � ♦ • Legend • Kurtzman UO • I • • LID 146 HELE ♦ i - ( f Q Missing Sidewalks t • a � ■ ♦ — Churches • i W • KA7USPELL CT I i Houses BUTTE ST _.�� x BUTTE CT I - - "A"ST Reference 3 - Proposed Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, '"WASHINGTON, RELATING TO PUBLIC IMPROVEMENTS; DECLARING ITS INTENTION TO ORDER THE IMPROVEMENT OF WALDEMAR, CEDAR, HU(GO AND SYCAMORE AVENUES AND ALTON, HELENA AND BUTTE STREETS IN THE K.URTZMAN AREA AND TO CREATE A LOCAL IMPROVEMENT DISTRICT TO ASSESS A POR'T'ION OF THE COST AND EXPENSE OF CARRYING OUT THOSE IMPROVEMENTS AGAINST THE PROPERTIES SPECIALLY BENEFITED THEREBY; AND, NOTIFYING ALL PERSONS WHO DESIRE TO OBJECT TO THE IMPROVEMENTS TO APPEAR AND PRESENT THEIR OBJECTIONS AT A HEARING BEFORE THE CITY COUNCIL TO BE HELD ON DECEMBER 20, 2010, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASH(NG'TON, as follows: Section 1. It is the intention of the City Council of the City of Pasco, Washington, to order the improvement of the properties within the area described in Exhibit B. by the improvement of, Waldemar, Cedar, Hugo and Sycamore Avenues and Alton, Helena and Butte Streets in the Kurtzman area of the city. The improvements more fully described in Exhibit A, to include road widening, curb, gutter, sidewalk, storm drain system and street lighting (collectively, the "Improvements"). The referenced exhibits A and B are attached hereto and by this reference made a part hereof All of the foregoing Improvements shall be in accordance with the plans and specifications therefore prepared by the City Engineer of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements. Section 2. The total estimated cost and expense of the Improvements is declared to be $1,337,206, of which an estimated $1,003,666 shall be bonne by and assessed against the property specially benefited by the Improvements to be included in a local improvement district to be established and embracing as nearly as practicable all the property specially benefited by the Improvements. ,Actual assessments may vary front estimated assessments as long as they (to not exceed a figure equal to the increased true and fair value the Improvements add to the property. Section 3. The City Clerk is authorized and directed to give notice of the adoption of this resolution. and of the date, time and place fixed hereinfor the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least fifteen days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the Franklin County Assessor at the address shown thereon, as required by law. This resolution also shall be published in its entirety in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed herein for the public hearing. Section 4. All persons who may desire to object to the Improvements are notified to appear and present those objections at a hearing before the City Council to be held in the Council Chambers in the City Hall, 525 N, 3"d Avenue, Pasco, Washington, at 7:00 p.m. on December 20, 2010, which time and place are fixed for hearing all matters relating to the Improvements and all objections thereto and for determining the method of payment for the Improve rents. All persons who may desire to object thereto should appear and present their objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the date of passage of the ordinance ordering the Improvements in the event the local improvement district is forrned. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. Section 5. The City Engineer is directed to submit to the City Council on or prior to December 20, 2010: all data and information required by law to be submitted. The foregoing resolution was ADOPTED by the City Council of the City of Pasco, Washington, at a regular open public meeting thereof this 15"' day of NovCn1ber, 2010. Matt Watkins, Mayor ATTF ST: Debra L, Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney EXHIBIT A LID 148 — Kurtzman's Park Street Improvements In— From—To Description In Street From To Sycamore Avenue __ _ Butte Street —Afton Street Hugo Avenue Butte Street Alton Street Waldemar Avenue Butte Street Alton Street Cedar Avenue Butte Street Lewis Street Helena Street 150 feet West of Sycamore Avenue Cedar Avenue Alton Street Sycamore Avenue Cedar Avenue Sycamore Avenue Alton Street Lewis Street Hugo Avenue I Alton Street Lewis Street The LID 148 Improvements include road widening, curb, gutter, sidewalk, storm drain -.system, and street lighting, and associated improvements all to city street standards. EXHIBIT B LID 148 — Kurtzman's Park Street Improvements Legal description of the boundary: That portion of the South half of Sectior 28, Township 9 North, Range 30 East in the City of Pasco, Franklin County, Washington more accurately described as follows: Kurtzman's First Addition Block 1, Lots 11 through 23 together with those adjacent portions of vacated Elm Avenue and Helena Street; Together with Kurtzman's First Addition Block 2, Lots 1 through 23 together with those adjacent portions of vacated Hugo Avenue, Helena Street and Sycamore Avenue; Together with Kurtzman's First Addition Block 3, Lots 1 through 23 together with those adjacent portions of vacated Waldemar Avenue, Helena Street and Hugo Avenue, Together with Kurtzman's First Addition Block 4, Lots 1 through 23 together with those adjacent portions of vacated Waldermar Avenue and Helena Street; Together with Acre Park Addition Block 3, Lots 1 through 7 except that portion dedicated to the City of Pasco for roads; Together with Acre Park Addition Block 2, Lots 1 through 4 and Lots 8 tnrough 14 except that portion dedicated to the City of Pasco for roads; Together with Acre Park Addition Block 1, Lots 1 through 9 and 11 though 14 except that portion dedicated to the City of Pasco for roads; Together with Short Plat 97-19, Lots 1 and 2; Together w'th Short Plat 99-01, Lots 1 through 3; Together with Short Plat 2002-16, Lots 1 through 3; Together with Short Plat 2001-16, Lots 1 through 3; Together with the West 30 rods of the Southwest quarter of the Southeast quarter of Section 28, Township 9 North, Range 30 East W.M., except the South 880 feet and the West 15 feet thereof; Together with the South half of the Southwest quarter of the Northwest quarter of the Southeast quarter of Section 28, Township 9 North, Range 30 East, W.M., except the West 20 feet thereof; Together with North half of the Southwest quarter of the Northwest quarter of the Southeast quarter of Section 28, Township 9 North, Range 30 East, W.M., except the West 20 feet thereof; Together with the Northwest quarter of the Northwest quarter of the Southeast quarter of Section 28, Township 9 North, Range 30 East, W.M,, except the North 338.71 feet thereof; Together with the North 338.71 feet of the Northwest quarter of the Northwest quarter of the Southeast quarter of Section 28, Township 9 North, Range 30 East, except the West 228.71 feet of the North 248,71 feet thereof; Together with the North 248,71 feet of even width of the West 228.71 feet of even width of the Northwest quarter of the Northwest quarter of the Southeast quarter of Section 28, Township 9 North, Range 30 East, W.M. AGENDA REPORT FOR: City Council November 3, 2010 c TO: Gary Crutch t Manager FROM: Rick Terway, D rector, `Ckll Workshop Mtg.: 11/8/2010 Administrative and Co unity Services Regular Mtg.: 11/15/2010 SUBJECT: Memorial Pool Remodel I. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECO_VLVIENDATIONS: MOTION: I move to approve Resolution No. , accepting the work performed by Ziegler Construction Co. under contract for the Memorial Pool remodel. III. FISCAL IMPACT: Incurred contract cost: $2,103,113.40 IV. HISTORY AND FACTS BRIEF: A) On August 17, 2009 the City Council awarded the contract for the Memorial Pool remodel in the amount of$1,817,600.00 to Ziegler Construction Co. The remodel is now complete with the final cost of the contract being $2,103,113.40 plus the appropriate sales tax. V. DISCUSSION A) During the construction of the Memorial pool facility there were items that were unknown until construction was well underway. We also made changes that were obviously cheaper to do while under construction. During the remodel project many on site changes were made to reduce long term maintenance costs, reduce operating costs, improve safety and provide more area within the fenced area of the pool. These change orders amount to $285,513.40. This equates to an approximate 8.3% cost increase (total allotted) which is not unusual when doing a large remodel project. B) The large ticket items were the addition of control switches in the lifeguard area for controlling the water on the slides and spray toys, addition of enclosed ceiling in the entire building, pavement and drains in key locations around parking lot and loading dock, additional plumbing and electrical to reduce maintenance time and improve safety, and concrete work required by the new slide installation. The area inside the fenced confines of the pool was greatly increased to allow for more family type activities to take place while enjoying the water activities. The total of "added work" is $285,513.40. The additional expense wrilt be included in the 2010 budget supplement for council action in December. C) As stated in an informational report to council earlier this year, the Memorial pool remodel was well received by the community. Attendance was up by approximately 10,000 and revenues were up over 400%. D) Staff recommends acceptance of the project. S(c) RESOLUTION NO. A RESOLUTION ACCEPTING WORK PERFORMED BY ZIEGLER CONSTRUCTION CO. UNDER CONTRACT FOR THE MEMORIAL POOL REMODEL PROJECT. WHEREAS, the work performed by Ziegler Construction Co., under contract for the Memorial Pool Remodel Project has been examined by Administrative and Community Services and been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Administrative and Community Services' 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 Administrative and Community Services' recommendation and thereby accepts the work performed by Ziegler Construction Co., under contract for the Memorial Pool Remodel 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 Administrative and Community Services Director and Finance Manager. PASSED by the City Council of the City of Pasco this 15th day of November, 2010. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT NO. 08 FOR: City Council (+ ` November 9, 2010 TO: Gary Crutchfiel. it Manager FROM: Jess Greenough, Field Divisions Manager Regular Mt g.: 11/15/2010 SUBJECT: Ratification of Award of Quote for Commercial Avenue Phase 3C. Pipe Line Casing Spacers, SR 395 & Foster Wells Road. Project Igo. 10-2-01 1. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 11/15: MOTION: I move to ratify the award for the low quote received for Commercial Avenue Phase 3C, Pipe Line Casing Spacers, SR 395 & Fostcr Wells Road, Project 910-2-01 per PMC 14.11.010 111. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: A) This project is part of the Commercial Avenue Phase 3 - Boring SR 395 & Foster Wells Road project and is for the purchase of 50 insulated pipe line casing spacers. V. DISCUSSION: A) Staff received eight (8) quotes for the Commercial Avenue Phase 3C, Pipe Line Casing Spacers, SR 395 & Foster Wells Road, Project #10-2-01. The low quote was received from CCI Pipeline Systems in the amount of $8,126.00 (not including sales tax). B) A Notice to Proceed was issued to CCI Pipeline Systems on November 4"' for the purchase ofthe casing spacers. Staff recommends ratification of the award. 10(a) AGENDA REPORT NO. 09 FOR: City Council . November 10, 2010 5 TO: Gary- Crutchiie ager FROM: Jess Greenough,lField Divisions Manager Regular vltg,: 11115110 SUBJECT: Award Broadmoor Pump Station Improvements, Project 410-2-05 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map 11. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 11115: MOTION: I move to award the low bid for Broadmoor Pump Station Improvements, Project #10-2-05 to Booth & Sons Construction, Inc. in the amount of $428,189.81, plus applicable sales tax, and further, authorize the 'Mayor to sign the contract documents. 111. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: A) This project adds a backup pump and generator to the existing pump station. This will ensure that the booster purnp station will remain operational in the event of a power outage or if the existing pumps require repair or replacement. V. DISCUSSION: A) On November 10, 2010 staff received three (3) bids for the Broadmoor Pump Station Improvements, Project 910-2-05. The low bid was received from Booth & Sons Construction, Inc.. in the amount of S428,189.81, plus applicable sales tax, The second lowest bid received was in the amount of $428,923.00 plus applicable sales tax. The Engineer's Estimate for the project is $482,580.00 plus applicable sales tax. Staff recommcnds award of this contract to Booth & Sons Construction, Inc. i0(b) City of Pasco Broadmoor Pump Station Improvements Project No. 10-2-05 November 10, 2010 BID SUMMARY Total Engineer's Estimate $4827580.00 1 . Booth & Sons Construction, Inc. $4281189.81 2. Prater Electric, Inc. $428,923.00 3. Ray Poland & Sons, Inc. $435,540.00 BROADMOOR PUMP STATION IMPROVEMENTS 10-2-05 1 � J �� y�✓ C PROJECT Ky — t r . AREA b r f s r c xo sr S. r \ WE VC1'1 I1 2 lAMFS f All \ '1• .fit 4. %N' P VICINITY MAP