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HomeMy WebLinkAbout2010.12.20 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular_Meeting 7:00 P.M. December 20,2010 I. 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 December 6,2010. 2. Minutes of the Special Pasco City Council Meeting dated December 13, 2010. (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 $1,099,580.92 ($208,979.52 in the form of Elcetronic Fund Transfer Nos. 4268, 4282, 4288, 4289, 4309, 4310, 4320, 4396, 4398. 4429, 4433, 4435, 4437 and 4452; and $890,601.40 consisting of Claim Warrants numbered 179879 through 180103). 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$161,019.57 and, of that amount, authorize $131,574.00 be turned over for collection. *(c) Cancellation of Workshop Meeting. (NO WRITTEN MATERIAL ON AGENDA) To cancel the December 27, 2010 Workshop Meeting. *(d) Cancellation of Regular Meeting. (NO WRITTEN MATERIAL ON AGENDA) To cancel the January 3, 2011 Regular Meeting. *(e) Final Plat(MF#FP10-016) Tierra Vida Phase 2 (Casa,LLC): 1. Agenda Report from David 1.McDonald, City Planner dated December 14,2010. 2. Overview Map. 3. Vicinity Map, 4. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at hti.p://www.pgseo-wa,t�ovleit�-couiicilrepoits To approve the Final Plat for Tierra Vida, Phase 2. *(f) Final Plat (MF#FP10-013) West Pasco Terrace Phase 1 (Olin Homes): 1. Agenda Report from David 1.McDonald, City Planner dated December 14,2010. 2. Overview Map. 3. Vicinity Map. 4. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at hitT2://www.pa-,ico-wa.gov/oitycouncilreoorts). To approve the Final Plat for West Pasco Terrace, Phase 1. *(g) Final Plat(MF#FP10-014)West Pasco Terrace Phase 2(Olin Homes): 1. Agenda Report from David I. McDonald,City Planner dated December 14._ 2010. 2. Overview Map. 3. Vicinity Map. 4. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at hi[n://www_,r)asco-wa.goy/city.ouncilreFluits). To approve the Final Plat for Wcst Pasco Terrace,Phase 2. Regular Meeting 2 December 20,2010 *(h) Resolution No. 3294, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Road 32. 1. Agenda Report from David 1.McDonald, City Planner dated December 14,2010, 2. Vicinity Map. 3. Proposed Resolution. 4. Vacation Petition. To approve Resolution No. 3294, setting 7:00 pm, Tuesday, January 18, 2011 as the time and date to conduct a publi c hearing to consider vacating a portion of Road 32. *0) Rcsolution No. 3295, a Resolution accepting work performed by A&B Asphalt, Inc., under contract for the 2010 Street Overlays, Project No. 10-3-01. 1. Agenda Report from Michael McShane, City Engineer dated December 10,2010, 2. Resolution. To approve Resolution No. 3295, accepting the work performed by A&B Asphalt, Inc., under contract for the 2010 Street Overlays,Project No. 10-3-01. *(j) Resolution No_ 3296, a Resolution of the City of Pasco, Washington, fixing a time and place for hearing on the final assessment roll for Local Improvement District No. 146, and directing that notice thereof be given in the manner required by law. 1. Agenda Report from Michael McShane, City Engineer dated December 9, 2010. 2. .Resolution. 3. Vicinity Map. To approve Resolution No. 3296, fixing 7:00 pm,Monday, February 7, 2011 as the time and date to conducl a public hearing to consider the Final Assessment Roll of LID No. 146. (RC) MOTION: tnove'to approve tht CbM'Mt Agenda M Md. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) Presentation of Proclamation for "Agriculture Week" January 3-7, 2011. Mayor Pro-Tem Rebecca Francik to present Proclamation to Pasco Chamber of Commerce President, Monica Van Hollebeke and Executive Director,Nikki Gerds. 5. VISITORS- OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through November 2010. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) Kurtzman Park Neighborhood Improvements. 1. Agenda Report from Rick White, Community & Rconomic Development Director dated December 15. 2010. 2. Vicinity Map. 3. Map of the proposed Local Improvement District(LID) area and completed LID#146. 4. Proposed Resolution, CONDUCT A PUBLIC HEARING AND CONTINUE UNTIL JANUARY 18,2011 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 Sycamore Avenues and Alton, Helena and Butte Streets in the Kurtzman area and to ereatc 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 January 18, 2011. MOTION: I €rittvo to apprev-e Resolution relating t o public ri�7l�rrsverr,�nts_ cleel irirw.g l.bas tv ity7s intention to order the alprowenwnt of Waldemar- Cedar, Hugo aml Sycamore Averrues and Alton, Mlcrja and Butte Streets in the K jazutan alva and to :r txxual irrtlamwc--six ew District to asst s a porticxl of the LtUst and expense of caa-yi€g oul ibo,,c, imypi•ovetrienv3 against [be properties Ipovially bcncMed th.L-re-by; and, trnt fying all persons who de Tire LO salhiect ti, the improverne its to iklr}uar find prosetit their t,Nectionx at a beal`irig l afore the City Council l to he held on Jaouary 18, 2010. Regular Meeting 3 December 20, 2010 (b) 2010 Budget Supplement. 1. Agenda Report from Dunyele Mason, Finance Manager dated December 3, 2010. 2. Proposed Ordinance amending the 2010 Operating Budget. 3. Proposed Ordinance amending the 2010 Capital Improvements Projects Budget. 4. Proposed Resolution authorizing the lnterfund Loans. 5. Memo from Finance Manager to City Manager. 6. Exhibit 1 -2010 Budget Supplement Worksheet. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance amending the 2010 Annual Operating Budget of the City of Pasco by providing supplement thereto; by appropriating revenue received in excess of estimated revenues for the current year and by providing transfers and adjustment authority. MOTION. I move to*iopt Ordinance amending the 2011) Operating Btadgcl by providing ai rovcratae supplcincal of 55,267,990 and �in expenditure supplement thereto in the .`mount of $10,609,055 and. hirthcr, to mithorise publicati err by srtttltr)ary ottly, -AND- Ordinance No. an Ordinance relating to Supplemental Capital Improvement Projects Budget for the Year 2010. M U- N. 1 1110 Ve to adapt 01'(liT1'IFJCV amending the 2010 Capital Improvements Budget by providing all expenditure Fupplernent thereto in the atnount of $4,1155300 and- further, to aLGtliori publie.ation by -,summary only. -AND- Resolution No. , a Resolution authorizing interfund loans from the General Fund to the Arterial Street Fund, Community Development Block Grant Fund, LID Constnrction Fund, Stadium Convention Center Fund, Street Fund, and the Cemetery Fund for a total sum of $2,358,400. MOTION: I rncrve to approve Resolution rx authorizing terapoiary interfund Itlasrs from tlae Genenal Fund to dit! Arterial Street Fund, the Community D vciopm nt Block Graut Fund. the LII.7 C�m.'Aruc.tion Fund, the Stadium Convention Center Fund, tbC Street r4lnd and the Cemetery Fwid tlr tits' tcltal amount of$2.358.400, (c) City Council Districts. 1. Agenda Report from Gary Crutchfield,City Manager dated December 16. 2010. 2. PMC 1.10.010. 3. Map of Current Council Districts. 4. Matrix,Population by Precinct/District, Current. 5. Map, Districts Option A. 6. Map, Districts Option B. 7. Map,Districts Option C. CONDUCT A PUBLIC HEARING (No action recommended) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco, Washington :reating the Downtown Pasco Development Authority; approving a Charter therefore and initial Bylaws for the conduct of its affairs; and establishing and providing for the appointment of Board of Directors. 1. Agenda Report from Rick 'White, Community & Economic Development Director dated December 15,2010. 2. Implementation Ordinance. 3. Draft Operating Agreement. MOTION. :1; move to adopt Ortli.nance No. creating the Downtown Paco De,velrrl.nenl. Authority.; approving a Charter, initial Bviaws and eftabli hing and providing for the ap1x.)intrncnt of a Board of Directors and. further, to autllo iziu public;ll lure. by srIrr1111ary 0111ys, (I)) 2011 Management Merit and Temporary Seasonal Employee Wage Plan: 1. Agenda Report from Lynne Jackson, Human Resources Manager dated December 2, 2010. 2. Proposed Ordinance amending Ordinance No. 3953. 3. Proposed Ordinance adopting Temporary Employee Wage Plan. Ordinance No. an Ordinance amending Section 2 of Ordinance No. 3953_ MOT]ON. I move to atdsapt 0rdiwince No. arrten.ditig :Seoion 2 or 01-dinrrrrce ,tics. 3951 to Continue the meril award system for calcrttlar year 2011 and, ltinher, autltc 6Y..c puhlicaLi�ni 1l y ably. -AND- Ordinance No. ,an Ordinance concerning wages for Temporary Non-Management, Non- Represented Personnel for Calendar Year 2011. M OT ION: I rrrovc to adopt Ordinance No. 'adoptingy the Temporary Employee: Wage Plan for C.'arlen6ar Year 2011 and, firrther, aauthnrize puE)liorrtion by sununary only, Regular Meeting 4 December 20,2010 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) 2010 Sewer Replacement,Project No. 10-1-04: 1. Agenda Report from Michael McShane,City Engineer dated December 15,2010. 2. Vicinity Map. 3. Bid Summary. (RC) MOTION; 1 nlove to award thc, low laid for tho 2010 Scwcr Rk 1place nvjir, Projeast No, 111-1-04, to include Alternates 1 2 and 7, to Michels Corporation in tho ainutiat of S4 1-.314.00, plus applicable sales tax aiid, further. authorize the -Mayor to sign the contract dac;uments, *(b) 2010 Miscellaneous Traffic Signal Improvements,Project No. 10-4-01: 1. Agenda Report from Michael McShane, City Engineer dated December 15,2010. 2. Vicinity Map. 3. Bid Summary. (RC) MOTION: I inove to inward the low bid for the 2010 Miscell�mcous Tiaffle Signal 1[11ProVf TT[C13t$i, P'ro_ICct NO- 10-4-01 to Sierra Electric., Inc_„ in the amotuit of $142,215.011, to include AlteriaLLN ?'rtirxtl 3 and, f4rttfer. authorize the Mayor to sign the contract documents. *(c) Desert Sunset Well House,Project No. 10-3-07: I. Agenda Report from Jess Greenough, Field Division Manager dated December 16, 2010. 2. Bid Summary. 3. Contractor List. MOTION. 1 tuL)vc to reject the bids rucclved for the Dosed Kutise'. WciI f Ioww. Project No. 10- 3-07 and, fnrthcr. :'iuthorizo staff`to rabid She.prstic;ct. *(d) Award 2010 WWTP Improvements—Concrete Wash Pad: 1. Agenda Report from Michael McShane, City Engineer dated December 7, 2010. 2. Bid Summary. MOTION: I ra ovv to ratite the City Manager's award c>f the 2010 W W`1'I' ImprovCillem'... — ('oncrete Wash Pad prgiw. to C:&F Trcnj:ltitjg, [1C ii,i the a,rnount of$ 7.,47,42, plus applicable_ n le�' 1�1s. 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#....7' Q Quasi-Judicial Matter REMINDERS: 1. 1:30 p.m., Monday, January 3, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; AL YENNEY,Alt.) 2. 12:00 p.m., Wednesday,January 5, 2601 N. Capitol Avenue—Franklin County Mosquito Control District Board Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; AL YENNEY, Alt.) 3. 4:00 p.m., Wednesday, .lanuary 5 (Icntalivc), Port of Benton—Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER R AL YENNEY,Rep.; SAUL MARTINEZ, Alt.) 4. 5:30 p.m., Thursday, January 6, Parks & Rec. Classroom — Parks & Recreation Advisory Council Meeting. (COUNCILMEMBER SAUL MARTINEZ,Rep.; MIKE GARRISON,Alt.) City Hall will be closed on Friday,December 24 and Friday,December 31 The first City Council meeting of the New Year will be held Monday,January 10,2011—7:00 p.m. MINUTES RH:GULAR :MEETING PASCO CITY COUNCII, DECEMBER 6, 2010 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present; Rebecca Francik, Mike Garrison, Robert I-loffmarin, 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; Bob Gear, Fire 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 November 15, 2010. (b) Bills and Communications: To approve General Claims in the amount of$1,436;263.86 ($212,060.17 in the form of Electronic Fund Transfer Nos. 4167, 4181, 4207, 4211, 4226, 4236, 4238, 4245 and 4253; and $1,224,203,69 consisting of Claim Warrants numbered 179657 through 179878). To approve Payroll Claims in the amount of$1,872,015.29, Voucher Nos. 42039 through 42125; and EF"I Deposit Nos. 30040986 through 30041532, (c) Final Plat (MF#FP 10-010) Northwest Commons PUD Phase 4 (Emerald Properties): To approve the final plat for Northwest Commons PUD Phase 4, (d) Final Plat (MF#F P 10-012) Linda Loviisa Division 2, Phase 2 (Aho Construction): To approve the Final Plat for Linda Loviisa Division 2, Phase 2. (e) Resolution No. 3291, a Resolution of the City of Pasco authorizing the City Manager to negotiate and enter into a temporary services agreement with the City of Richland for inspection services. To approve Resolution No. 3291, authorizing the City Manager to negotiate and enter into a temporary services agreement with the City of Richland for rental inspection services. (f) Resolution No. 3292, a Resolution approving a land use plan entitled the Boat Basin/Marine Terminal Plan. To approve Resolution No. 3292, adopting the Boat Basin/Marine Terminal Plan. (g) Resolution No. 3293, a Resolution accepting work performed by Premier Excavation under contract for the Commercial Avenue Phase 4 Sewer Force Main Hillsboro & Capitol, Project No. 10-1-05. 1 3(a).1 :MINUTES REGL)LAR MEETING PASCO CITY COUNCIL DECEMBER 6, 2010 To approve Resolution No. 3293, accepting the work performed by Premier Excavation under contract for the Commercial Avenue Phase 4 Sewer Force Main Hillsboro & Capitol, Project No. 10-1-05. ]MOTION: Ms Francik moved to approve the Consent Agenda as read. Mr, Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Martinez reported he gave a speech at an event at Kennewick School District. He also praised Pasco's recent snow removal efforts. Ms. Francik reported on the Washington State Freight Mobility Board meeting and the Pasco School District Goal Setting meeting. Mr. Larsen reported on the Emergency Medical Services Board meeting, Mr. Hoffmann reported on the Franklin County Mosquito Control District Board meeting. Mayor Watkins attended the Home Builders Association of fri-Cities,Tri-City Regional Chamber of Commerce "Annual Elected Leaders Reception." PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Alley 'Vacation (MF #VAC 10-008) the north/south alley in Block 137, Pasco Land Company's First Addition (City of Pasco). Mr. White explained the details of the proposed vacation, MAYOR WATKINS CONTINUED THE PUBLIC HEARING TO CONSIDER"1 HE PROPOSED VACATION. Mr. Bill Andre, 423 N. Oregon Ave., inquired about who will be responsible for a buried electrical line in the alley. Discussion ensued. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3980, an Ordinance vacating the north/south alley in Block 137 Pasco Land Company's First Addition. MOTION: Ms. Francik moved to adopt Ordinance No. 3980, 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. Mr. Yenney seconded. Motion carried imanimously. 2011 Annual Operating and Capital Projects Budgets. MAYOR 'WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE 2011 ANNUAL OPERATING ,AND CAPITAL PROJECTS BUDGETS, FOI,LOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST,AND THERE BEING NONE,MAYOR WATKINS DECLARED THE PUBLIC ]-TEARING CLOSED. 2 MINUTES REGULAR MEETING PASCO CITY COUTICIL DECEMBER 6, 2010 Ordinance No. 3981, an Ordinance adopting the City of Pasco Operating Budget for the Year 2011. MOTION: Ms. Francik moved for the first reading of Ordinance No. 3981, for consideration of the 2011 Annual Operating Budget. Mr. Garrison seconded, Motion carried unanimously. Ordinance No. 3982, an Ordinance adopting the City of Pasco Capital Projects Budget for the Year 2011. MOTION: Ms. Francik moved for the first reading of Ordinance No. 3982, for consideration of the 2011 Capital Projects Budget. Mr. Garrison seconded, Motion carried 5-2. No-- Larsen, Hoffmann, Amendment of 201 1-2016 Six-Year Transportation Improvement Plan to include 4th Avenue Corridor. MAYOR �VATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE AMENDMENT OF THF,SIX YEAR TIP. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. MOTION: Ms. Francik moved to approve the amendment to include 4th Avenue Corridor to the 2011 Six-Year Transportation Improvement Plan (STIP). Mr. Garrison seconded. Motion carried 5-2. No —Larsen, Hoffmann. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3978, an Ordinance vacating a portion of Holden Street and Front Avenue. Mr. Garrison recused himself from this issue due to business associations and left the Council Chambers. MOTION: NIs. Francik moved to adopt Ordinance No. 3978, vacating a portion of Holden Street and Front Avenue and, further,to authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Mr. Garrison returned to the Council Chambers. NEW BUSINESS: Commercial Avenue Phase 3D - Boring, SR 395 & Foster Wells Road, Project No. 10-2-01: Council and staff discussed the details of the project. MOTION: Ms. Francik moved to award the low bid for Commercial Avenue Phase 3D - Boring SR 395 & Foster Wells Road, Project No. 10-2-01 to Armadillo Underground. Inc., in the amount of$210,950.00, plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Hoffmann seconded. Motion carried by unanimous Roll Call vote. Federal Legislative Consulting Agreement: MOTION: his. Francik moved to approve the agreement with Gordon Thomas Honeywell Governmental Affairs for Federal Legislative Consultant Services and, further, authorize the City Manager to sign the agreement, Mr. Garrison seconded. Motion carried 6-1. No — Larsen. 3 MINUTES REGULAR MEETING PASCO C:fTY COUNCIL DECEMBER 6, 2010 MISCELLANEOUS DISCUSSION: Council and staff discussed proposed 2011 State Legislative Priorities. Council discussed the meeting schedule and decided there will be a Special Meeting on December 13 to consider adoption of the 2011 Budgets. The next regular meeting will be December 20. The December 27 workshop and January 3 regular meetings are cancelled, EXECUTIVE SESSION: Council adjourned to Executive Session at 7:52 p.m. for approximately 40 minutes to discuss collective bargaining strategy and proposals and performance of publicly bid contracts with the City Manager, City Attorney and Public Works Director. Mayor Watkins called the meeting back to order at 8;32 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:32 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 20th day of December, 2010. 4 MINUTES SPECIAL MEETING PASCO CITY COUNCIL DECEMBER 13, 2010 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Ycnncy. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Tenvay, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Denis Austin, Police Chief, Robert Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. BUSINESS ITEM: 20111 Annual Operating and Capital Projects Budgets: SECOND READING OF THE ORDINANCES Ordinance No. 3981, an Ordinance adopting the City of Pasco Operating Budget for the Year 2011. MOTION: Ms. Francik moved to adopt Ordinance No. 3981, adopting the 2011 Annual Operating Budget and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Ordinance No. 3982, an Ordinance adopting the City of Pasco Capital Projects Budget for the Year 2011. MOTION: Ms. Francik moved to adopt Ordinance No. 3982, adopting the City of Pasco Capital Projects Budget for the Year 2011 and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried 5 — 2. No - Hoffmann and Larsen. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:06 p.m. APPROVED. ATTEST: Matt Watkins, Mayor Debra L, Clark, City Clerk PASSED and APPROVED this 201h day of December, 2010. I 3(a).2 CITY OF PASCO Council Meeting of: December 20, 2010 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, ndersigned, do hereby certify under penalty of perjury that the materials have been furnished,the $s ice7�'renders e l or performed as described herein and that the claim is a just, due and unpaid phligati against the city and that we are authorized to authenticate and certify to said claim. Gary Crutchfield,-My M er D ele Ma n, Finance Services Manager i i We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify on this 20th day of December, 2010 that the merchandise or services hereinafter specified have been received: Check Numbers from: 179879 In The Amount Of: $890,601.40 To Check number: 180103 Electronic Funds Transfer No.s: 4268,4282, 4288, 4289 In The Amount Of: $208,979.52 4309,4310, 4320,4396 4398, 4429, 4433, 4435 Combined total of $1,099,580.92 4437,4452 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND: Legislative 97.47 Judicial 12,860.27 Executive 3,845.73 Police 27,967.45 Fire 11,191.97 Administration& Community Services 62,290.24 Community Development 3,732.00 Engineering 795.75 Non-Departmental 31,290.16 Library 1,311.02 TOTAL GENERAL FUND: 155,382.06 STREET 46,085.67 ARTERIAL STREET 292,876.07 STREET OVERLAY 17,654.94 C. D. BLOCK GRANT 83,489.95 KING COMMUNITY CENTER 1,521.81 AMBULANCE SERVICF 3,600.44 CEMETERY 591.93 ATHLETIC PROGRAMS 4.45 SENIOR CENTER 3,187.35 MULTI MODAL FACILITY _ 2,158.60 RIVERSHORE TRAIL& MARINA MAIN 126.71 LITTER CONTROL 749.50 REVOLVING ABATEMENT 376.00 PARKS FUND 000 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 46.52 SPECIAL ASSESS MNIT LODGING 0.00 GENERAL CONSTRUCTION 0.00 WATER/SEWER 301,546.44 EQUIPMENT RENTAL-OPERATING GOVERNMENTAL 28,228-26 EQUIPMENT RENTAL-OPERATING BUSINESS 2,227.14 EQUIPMENT RENTAL-REPLACEMENT GOVERNMENTAL 0.00 EQUIPMENT RENTAL - REPLACEMENT BUSINESS 0.00 TRI CITY ANIMAL CONTROL 1,240.11 MEDICALIDENTAL INSURANCE 110725-21 CENTRAL STORES 0.00 OLD FIRE PENSION 8,211.97 PUBLIC FACILITIES DIST 150.00 PAYROLL CLEARING 37,657.39 LID CONSTRUCTION 1,742.40 GRAND TOTAL ALL FUNDS, $ 1,059,580.92 3(b). 1 AGENDA REPORT FOR: City Council DATE: December 15,2010 TO: Gary Crutchfield, .ity tv n,ager R Ll R: December 20, 2010 Rick Terway,Ad a trative&Community Services Dire or�t FROM: Dunyele Mason, Financial Services Manager- SUBJECT: BAD DEBT WRITE-OFF'S/COLLECTION. I. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. Il. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts; miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $161,019.57 and, of that amount, authorize$131,574.00 be turned over for collection. Ill. HISTORY AND FACTS BRIEF: 1, UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address,or are accounts in "occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE -These are all delinquent non-criminal and criminal fines,and parking violations over 30 days past due. 4. QQ. E ENFORCEMENT - LIENS - These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY-These are delinquent accounts over 120 days past due or statements are reburied 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 S10.00. 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 $ .00 .00 .00 Ambulance $ 29,445.57 10,241.00 39,686.57 Court A/R $ .00 121,053.00 121,053.00 Code Enforcement $ .00 .00 .00 Cemetery $ AO .00 .00 General $ .00 .00 .00 Miscellaneous S .00 280.00 280.00 TOTAL: $ 29,445.57 131,574.00 161,019.57 1V. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT FOR: City Council December 14, 2010 TO: Gary Crutchfi Manager Regular Mtg.: 12/20/10 Rick White, Community & �conomic Development Director 9\k FROM: David I. McDonald, City Planner SUBJECT: FINAL PLAT (MF# FP 10-016): Tierra Vida Phase 2 (Casa, LLC.) 1. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Final Plat (Council packets only; copy available for public review in the Planning Office, the Pasco Library or on the city's webpage at ht!R://www.12asco- wa.goy/citycouncilrKpart, ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS- 12/20- MOTION: I move to approve the Final Plat for Tierra Vida, Phase Two. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Tierra Vida development. Tl1e developer is now seeking final plat approval for Phase 2. B. Tierra Vida is a single-family residential development located in the 3500 block of East"A" Street. V. DISCUSSION: A. Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the dcvcloper is bonding the full cost of the subdivision improvements. The bond amount in this case is $1,135,294. B. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. 3(e) Item: Tierra Vida Phase 2 Overview App s 1 I - 10-0 • ■! �kRa �� .G!��; - �1 �,._ #IfillR tai! _ a� -11t f �� •���� .�. `� IL ' A dc't'ry�<i �!12 4 IN o Item: Tieffa Vida Phase 2 Vicinity App icant: Casa LLC N Map File #: FP 10-0 16 3-- Rim 1 ON!ON t Ns @ SW 9 Nw WR 41 IS S NtRNNSI- AGENDA REPORT FOR: City Council C, December 14, 2010 TO: Gary Crutchfi �- . -' Manager Regular Mtg.. 121120/10 Rick Vv'hite, Community & f.cononuc Development Director�`� FROM: David I. McDonald, City Planner SUBJECT: FINAL PLAT (MF4 FP 10-013): West Pasco Terrace Phase 1 (Olin Homes) 1. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Final Plat (Council packets only; copy available for public review in the Planning Office, the Pasco Library or on the city's webpage at http:l/www.l2asco= wa.p,ov/citycounci lreports). IL ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 12120: MOTION: I move to approve the Final Plat for West Pasco Terrace, Phase 1. II1. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the West Pasco Terrace development. The developer is now seeking final plat approval for Phase 1. B. West Pasco Terrace is a single-family residential development located north of Three Rivers Drive and east of Road 60. V. DISCUSSION. A. Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements, in this case, the developer has completed most of the improvements and has provided the City with a bond in an amount sufficient ($112,500)to cover the costs of outstanding improvements. B. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. 3(f) Overview Item: West Pasco Terrace Phase I Applicant: Map File #: FP 10-0 13 Sol T � t f ■mil ! '�� \�� !!lP'S Its ♦ � i Iii.f �� ` , r� a '���„�� •:��, �� �i -. - — ___-__ 4W41V #� .:..11_ LA jam Mb Sol f -Ali � �fl i� �� yd:� �i� �+�`-" ,;,�� ��£ ��. % �;;� �• �� , � ,if '•'�"/:• -ik. �_ r A` �,. • 4 ~�� ,•� �f r.°�•C �*"�� :� °-(,\n�r o o ���✓ �'�.7w��"r�..+x-+wr_f'rc�Iw.���.' � 1- Vicinity Item: West Pasco Terrace Phase I Applicant Map File FP 10-0 13 iL INV WN NO tX-NvE 1;i 11, �\ n r o) �� a �` �� •.��.. t AGENDA REPORT FOR: City Council December 14, 2010 TO: Gary Crutch#` Manager Regular Mtg.: 12/20/10 Rick White, Community &,Economic Development Director V FROM: David I. McDonald, City Planner SUBJECT: FINAL PLAT (MF4 1;P 10-014): West Pasco Terrace Phase 2 (Olin Homes) 1. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. final Plat (Council pack£ts only; copy available for public review in the Planning Office, the Pasco Library or on the city's webpage at http://www.pasco- wa.gOV/citVcouncilreports). II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/20: MOTION: I move to approve the Final Plat for West Pasco Terrace, Phase 2. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previous]), approved a preliminary plat for the West Pasco Terrace development. The developer is now seeking final plat approval for Phase 1. B. West Pasco Terrace is a single-family residential development located north of Three Rivers Drive and east of Road 60. V. DISCUSSION: A. Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer has completed most of the improvements and has provided the City with a bond in an amount sufficient ($112,500) to cover the costs of outstanding improvements. B, The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. 3(g) Overview Item: West Pasco / Map Applicant: File #-. FP 10-014 ANZ i•� d � S f kill WLi TW � i� ��--� �i !1111` ��► �__ - -.� w Imo. � ��I,�, � � ��+�� ','/�.� �; +�. •��� ° to� tiwi in •�' i� �:: ,rc,_.r:� ..fi� t.: __.irE �i, o"'� •!.. {!'� 3�h4 t�s '-'. ..- ��rs- ._.� Item: West Pasco Terrace Phase 2 Vicinity App icant: arm 200 Map File #: FP 10-0 SITE N f ON ' i AGENDA REPORT FOR: City Council December 14, 2010 TO: Gary Crutchfie Manager Regular Mtg.: 12/20/10 Rick White, Community & iconomic Development Director OA9 FROM: David I. McDonald, City Planner'; SURIECT: S"GREET VACATION (MF# VAC 10-009) A portion of Rd 32 Mike CumminpzsfRiyiera Trailer Park) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution . 3. Vacation Petition II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. �� �, setting 7:00 p,m., Tuesday, January 18, 2011, as the time and date to conduct a public hearing to consider vacating a portion of Road 32. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of Riviera Trailer Park petitioned for the vacation of Road 32 between Henry Street and Nixon Street. The Trailer Park borders both sides of Road 32 between Henry Street and Nixon Street. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is January 18, 2011. 3(h) Vicinity Item: Street Vacation - Road 32 Map Applicant: Riviera Trailer Court d N File #: VAC 10-009 ..---_...L.-_ - E R'Y ST _ _ ,Area to be * i Vacated W MA T ,,,.. .. F- �1 R t . ww � ve f rP F s ► •' . ti �, 1 :e.tr� ,� C- _ •'♦ r `� i t!'t fiI"fit: i idi-i air 111-1 NP N ST ' SYLIE:SER_S.T_ Reference #2 RESOLUTION NO. �! A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF ROAD 32. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to he fixed by Resolution, NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating all of Road 32 lying between West Henry Street and West Nixon Street, will be held before the City Council of the City of Pasco in the Council Chambcrs at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on January 18, 2011. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 20'x' day of December; 2010. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, CMC Leland B. Kerr City Clerk City Attorney • Item: Street Vacation - Exhibit Road 32 A pplicant: Riviera Trailer Court#1 � File #: VAC 10-009 Ocir*%VL- - " so' W-HENRY ST Area Vacated W MARGARET ST D M W W PARK ST • 2 v?' M Q O NIXON ST N M D a 0 oc SYLVESTER ST Reference #3 CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE # — _ DATE SUBMITTED: I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: d 04 4 --I'L s�rn _�._�t �1 � A)j x cn S'f Y�v 112 Xe,r Se c 2`';c,7 APPLICANT: PROPERTY OWNED (Legal Description) Print Name: c. c e/ -1 >n _ Sign Name: - Address: r •o' 05"'q Phone # 73 5- 10eo _ Date Print Name: y -371 - G /6 Sign Name: Date Print Name: _ 0 + Sign Name: Date AGENDA REPORT NO. 37 FOR: City Council E December 10, 2010 �..;- TO; Gary Crutchiiel anager 9-7 Ahmad QayoLu, 1, P is Works Director-) � C FROM: Michael Mc City Engineer Regular Mtg.: 12/20/10 SUBJECT: Accept 2010 Street Overlays, Project#10-3-01 I. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL,/ STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. j accepting the work performed by A&B Asphalt, hie., under contract for the 2010 Street. Overlays, Project#10-3-01. Ill. FISCAL IMPACT; Street Overlay Fund IV. HISTORY AND FACTS BRIEF: A) On July 14, 2010, Council awarded the 2010 Street Overlays, Project 410-3-01 to A&B Asphalt, Inc. for$647,045.04. V. DISCUSSION: A) The final project cost was $591,490.04. The money for the loops at Road 68 and Burden Blvd., Road 68 and Chapel Hill, and Road 68 and Argent Road was removed and reallocated into the 2010 miscellaneous signal project. The work is now complete and staff recommends acceptance of this work. 3�i) RESOLUTION NO. 5" A RESOLUTION ACCEPTING WORK PERFORMED BY A&B ASPHALT, INC., UNDER CONTRACT FOR THE 2010 STREET OVERLAYS, PROJECT#10-3-01. WHEREAS, the work performed by A&B ASPI[ALT, INC., under contract for the 2010 Street Overlays, Project #10-3-01, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawin«s, 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 2010 Street Overlays, Project #10-3-01, 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 20th day of December, 2010. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT NO. 35 FOR: City Council December 9, 2010 a TO: Gary Crutchf Manager Ahmad Qayounii, u is Works Director c FROM: Michael Mesh/a , City Engineer Regular Mtg.: 12/20/10 SUBJECT: Resolution Setting Public Hearing for LID 146 Final Assessments L REFERENCE(S): 1. Resolution 2. Vicinity Map 11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: MOTION: T move to approve Resolution No. __ fixing 7:00 p.m. Monday, February 7, 2011, as the time and date to conduct a public hearing to consider the Final Assessment Roll of LID No. 146. 111. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) LID 146 was formed by Ordinance No. 3932 on November 3, 2009. B) The LID included improvements to Elm Avenue north of Alton Street and south of Lewis Street; Sycamore Avenue, Hugo Avenue, Waldemar Avenue and Cedar Avenue north of `A' Street and South of Butte Street; and Butte Street east of Sycamore Avenue and west of Cedar Avenue. Improvements included street widening, curb, gutter, sidewalks, storm drainage, and street lighting. C) Construction work is now complete. The final assessment roll must be approved by City Council after direct notice to the property owners and a public hearing. V. DISCUSSION: A) The hearing for the final assessment roll for LID 146 will take place on February 7, 2011 during a scheduled City Council meeting, Staff will provide an oral presentation prior to the start of the hearing summarizing the project and giving an overview of the LID process, B) Staff recommends that the City Council approve the Resolution to set the Public Hearing for the Final Assessment Roll. 3(j) CITY OF PASCO, WASHINGTON RESOLUTION NO, A RESOLUTION of the City of Pasco, Washington, fixing a time and place for hearing on the final assessment roll for Local Improvement District No. 146, and directing that notice thereof be given in the manner required by law. WHEREAS, the final assessment roll for Local Improvement District No. 146, which was created and established by Ordinance No, 3932 passed by the City Council on November 3, 2009, has been prepared as provided by law and is on file with the City Clerk, and it is necessary to fix the date for a hearing thereon before the City Council; NOW, THEREFORE, BF IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, that the public hearing on the final assessment roll for Local Improvement District No. 146 will be held before the City Council on February 7, 2011 at 7:00 pan., local time, in the Council Chambers, City Hall, 525 N. Third Avenue, Pasco, Washington, The City Clerk is instructed to cause notice to be given both by mailing and publication as required by law. ADOPTED by the City Council of the City of Pasco, Washington, at a regular open public meeting thereof on the 20`x' Day of December, 2010. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney "#E` A A Z ELM AVE cu Z77 / m rTl /i 17 f T� DAR Qo , �--� r1 • v) GENERAL FUND OPERATING STATEMENT THROUGH NOVEMBER 2010 CASH BASIS YTD % OF YTD TOTAL % OF 2010 2010 ANNUAL 2009 2009 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 5,790,285 5,850,000 99.0% 5,646,647 5,746,237 98.3% SALES 7,642,312 7,700,000 99.3% 7,236,643 7,903,866 91.6% UTILITY 7,153,067 7,615,000 93.9% 7,039,228 8,408,836 83.7% OTHER 972,618 1,015,000 95.8% 906,438 1,200,322 75.5% LICENSES & PERMITS 1,661,678 1,020,200 162.9% 1,498,296 1,586,917 94.4% INTERGOV'T REVENUE 1,646,744 1,710,017 96.3% 1,185,923 1,841,103 64.4% CHARGES FOR SERVICES 2,404,411. 2,807,220 85.7% 2,325,419 2,559,213 90.9% FINES &FORFEITS 819,913 927,700 88.4% 869,804 1,012,084 85.9% MISC. REVENUE 584,615 733,700 79.7% 682,565 831,708 82.1% OTHER FIN. SOURCES 419,535 94,000 446.3% 279,936 281,602 99.4 0/a TOTAL REVENUES 29,095,178 29,472,837 98.7% 27,670,897 31,371,888 88.2% REVISED BEGINNING FUND BAL 6,134,923 6,000,000 6,845,445 6,845,445 TOTAL SOURCES 35,230,101 35,472,837 99.3% 34,516,342 38,217,333 90.3% EXPENDITURES: CITY COUNCIL 105,642 116,525 90.7% 98,216 113,372 86.6% MUNICIPAL COURT 1,099,687 1,240,853 88.6% 1,117,593 1,271,360 87.9% CITY MANAGER 780,341 889,415 87.7% 747,572 846,087 88.4% POLICE 10.083.001 10,763,443 937% 9,787,309 11,113,466 88.1% FIRE 3,829,386 4,174,624 91.7% 3,630,737 4,183,650 86.8% ADMIN & COMMUNITY SVCS 4,960,443 5,315,423 93.3% 4,838,790 5,359,879 90.3% COMMUNITY DEVELOPMENT 932,655 1,035,931 90,0% 1,020.548 1,144,900 89.1% ENGINEERING 948,676 1,136,332 83.5% 1,274,700 1,247,386 102.2% MISC. NON-DEPARTMENT 3,288,654 4,197,325 78,4% 4,283,538 5,554,601 77.1% LIBRARY 1,118,262 1,300,875 86.0% 1,141,788 1,247,709 91.5% TOTAL EXPENDITURES 27,146,747 30,170,746 90.0% 27,940,791 32,082,410 87.1% ENDING FUND BALANCE 5,302,091 6,134,923 TOTAL EXPEND AND END FUND BALANCE 35,472,837 38,217,333 AVAILABLE CASH BALANCE 8,083,354 6,575,551 PERCENTAGE OF BUDGET ALLOCATED FOR 11 MONTHS 91.7% 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 valance 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 December 15, 2010 TO: Gary Crutchfi ity anager Regular Mtg.: 12120/10 FIZOM: Rick White Community &Economic Development Director SUBJECT: Kurtzman Park Neighborhood improvements I. REFERENCE(S): I. Vicinity Map 2. Map of the proposed Local Improvement District (LID) area and completed LID 146 3. Proposed Resolution II. ACTION REQUESTED OF COIJ.NCIL / STAFF RECOMMENDATIONS: Conduct Public Dearing and continue until January 18, 2011 12/20: MOTION: I move to approve Resolution relating to public improvements; declaring the City's intention to order the improvement of Waldemar, Cedar, Lugo 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 hearing before the City Council to be held on January 18, 201.0. ill. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. Following a public outreach effort in 2006, the City accepted the Kurtzman Park Action Plan in early 2007. The Plan was developed as a result of neighborhood input and established a priority system for neighborhood improvements including infrastructure (sidewalks, curbs, gutters, street lights and in some cases utilities), increased Code Enforcement efforts and an increased Police presence. B. LID 146 (Reference N2) was completed this past summer for the southern portion of the Kurtzman neighborhood using a combination of' federal stimulus and Community Development Block Grant (CDBG) funds and owner contributions. C. City Council has allocated $334,000 iii 2011 CDBG funds as a means of financing a portion of the missing infrastructure in the proposed LID area. The cost for curb, gutter; sidewalk, street lights and street paving in the original proposed LID area 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 fox-LTD assistance if necessary. D. Sewer Extension Project #10-1-01 (sewer extension in Sycamore, Cedar, Waldemar and Alton) was awarded by City Council and will likely be complete before the end of 2010. 7(a) E. Five neighborhood meetings were conducted this year (April, May, August, October and December) to explore the level of neighborhood interest in an LID. Most 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. Several property owners expressed opposition to the LID. F. 17uriiig the 1,117 notification process, a publication date was missed. This has caused a need to restart the notification process in accord with State law, which results in the recommended continuation of the hearing and Council adoption of a new resolution that sets that continued hearing date. V. DISCUSSION: A. The infrastructure costs noted above is a preliminary estimate. Actual costs in the LID process are obtained through the bidding process. The preliminary assessments for the m.Fjoiity of the parcels was $6,080 for lots with less than 75 feet of frontage. B. The boundaries of the LID inCludo properties on Cedar, IIugo and Sycamore Avenues north of Alton Street and Alton Street itself. Each of these public streets were platted many years ago and have insufficient right of way to accommodate Curbs, gutters, sidewalks, storm drainage and improved travel lanes. This resulted in an effort to obtain vaiuiiitaiy right of way dedications from individual property owners adjoining these streets. C. In an effort to promote dedication of right of way along these streets, the standard design width on Hugo and Sycamore was reduced from. 60 feet to 50 feet. This reduction ,was not appropriate far Cedar since it will function as a collector; nor is it appropriate for Alton where, in some cases, the entire necessary width will require dedication. D. To date, staff has obtained deeds for right of way from 19 of the 43 properties requiring dedication. This effort will continue through December and early January. The number of owners that dedicate right of way will directly impact the final recommended boundaries of the LIT). E. 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 i..npact of improving neighborhood infrastructure on low income households. P t2'.1�,'e. `�'�� 5 ,r-^z', - �+.reua. r �.s aF+r'�yq� �.-.I •�, •4 '.�•"aY : Wit-% NO f .g:"S - ,.��'f":;�f�� :-' 'i.t"�-+' ; `x t`'�+ai6; •`�TR .v t1',�r.rtA�,� ., t r f�" �' ' 1 1.''4 4,. ;i `. iSt A' a ty ' of ti • d'{�i� - Ylr.{LTA 7ly���gy.�C ]�, ZMj' _�'� w�• •4 .�R\ ' - - - ¢t(\..S wit�' -)� ww*�-�-4 3°G :we•'� - _ s� ~:n �J 1 y - .�, (y- 3 ar►' '�• �`�i '� '� >r'•?� �."!41 6 'y�++t;:.4: '�` ,��'- !; I i�...� ?.. ',�. �� +!i'1J�j: ' �`a. S' M .•.y ',r-�"` �i, r t r . r. r i 1 ,. ' r _ �• '^ Mµ _ �; �. 'r�,•.,,.71 '• 1�-�.'ofi .,,,_..,•, -pS f �'-.`,+' `R:v. 1`•°�"'� .r• ,S-, • `L�"•~3` � •� '�f'►rT1114,4""+++'��� � � .� ,y•"�"'• j• a y� .�. y�f� { �� f••'_ 1'}l� 1 1�' �'���:' ^� •� �•f-� •Y. -�w 1 �.•�-'• :�� "�' � �.-i �t ..P' ,•a}ryI� !4��f j ri" �v =11 r..'� ►'.f ��;f,`� `? .i. F �: :� , � -w^�.,-,. 9 S Si1� r�11�'_€.<'1,!�T�� � � �'� 1 t� G. PL vn� ,_ A. :. 4 � ^i � i � 'r',x�• "'�t:E:.`r• •1 ,�'!' C �� �_ r �; �����- 'ti• �'•"{�, 'pr �rti•;4 iA tarto '` t b V i '�"�,� � C. ��•y'fi�`ri .i1�,.,j. ��. � 'a i�Y"i7' .� t'� `LLy�(� •IL. ~ a Y•�'? � '�" 1s,.y.....i �.� "f� +M� 't '` - '--- � ---`--"" �Y Fes+ Legend ►• ;.. , ,�' } + I� Kurtzman LID l--� Vii.. P Missing Sidew* t F+• pt Churches r� ;r,yl�is.r.f�s:+�►•�►. Proposed Kurtzman Houses Local Improvement District FTI x � i 1 CD —` —? -- _ELM AVE H ( I i � � d e; I. $YC M H *+ I y O 1 I • • • 1 i _ o • r o c� -� N 4 • • • m • • • —� a lo• • • • • • • • �1 i WALDEMAR AVE • • •• • • •�• • 1+ N I �_ - _ - - I A• !(D O o die tD CL r REFERENCE #3 CITY OF PASCO, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CI'T'Y COUNCIL OF THE CITY OF PASCO, WASHINGTON, RELATING TO PUBLIC IMPROVEMENTS, DECLARING ITS INTENTION TO ORDER THE IMPROVEMENT OF WALDEMAR, CEDAR, HUGO 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 PItESENT THEIR OBJECTIONS AT A HE'ARING BEFORE THE CITY COUNCIL TO BE HELD ON JANUARY 18, 2011. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHING'T'ON, 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, 1-lugo and Sycamore Avenues and Alton, Helena and Butte Streets in the Kurtzman Area of the city. The improvements are more hilly described in Exhibit A, and 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 male a pert 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 th;,purpose of the improvements. section 2. The total estimated cost and expense of the Irnprovcments is declared to he 51,337,206, of which an estimated 51,003,666 shall be borne by and assessed against the property specially benefited by the Improvements to be included in a local in-rprovement district to be established and embracing as nearly as practicable all the property specially benefited by the Improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the Tniprovenients add to the pi-opolly. Section 3. The City Clerk is authorized and directed to give notice of the adoption of this rCsoluti.on grid of the date, time and place fixed herein for 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 licariog 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 prig to the date fixed herein for the public herring. Section 4. All persons who may desire to object to the rmprovernents are notified to appear and present those objections at a hearing before the City Council to be held in the Council C:lianibers in the City Hall, 525 N. 3d Ave., Pasco, Washington, at 7:00 p.m. can January 18, 2011. which time and place are fixed for hearing all matters relating to the Improvements and all objections thereto and for deterinining the method of payment for the Improvements. 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(lie ordinance ordering the Improven-ients in the event the local improvement district is ibrnried. The written protest should be signed by the property owner and should ir►clude the legal deseripticnl 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 January 18, 2011. all data and inforniation 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 20th day of December 2010. Matt Watkins, Mayor - ATTEST: Debra L. Clerk, 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 Alton 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 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 Section 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 through 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 through 14 except thaL portion dedicated to the City of Pasco for roads; Together with Short Plat 97-19, Lots 1 and 2; Together with 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 feel' 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 Date: December 3, 2010 FOR: City Council Workshop Meeting: December 13, 2010 s Regular Meeting: December 20, 2010 TO: Gary Crutchfi Manager FROM: Dunyele Masok Financial Services Manager SUBJECT: 2010 BUDGET SUPPLEMENT 1. REFERENCE(S): A) Proposed ordinance amending the 2010 Operating Budget, B) Proposed ordinance amending the 20I0 Capital Improvements Protects Budget. C) Proposed resolution authorizing the Interfund Loans. D) Memo from Financial Services Manager to City Manager 1±) Exhibit l — 2010 Budget Supplement Worksheet 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: A) Discussion - December 13, 2010 B) Hold Public Hearing - December 20, 2010 C) MOTION: I move to adopt Ordinance No. amending the 2010 Operating Budget by providing a Revenue Supplement of$5,267,990 and an Expenditure Supplement thereto in the amount of$10,609,055 and to authorize the publication by summary only. D) MOTION: I move to adopt Ordinance No. amending the 2010 Capital Improvements Budget by providing an Expenditure Supplement thereto in the amount of$4,055,700 and to authorize the publication by summary only. E,) MOTION: I move to approve Resolution No. , authorizing temporary inter- fund loans from the General Fund to the Arterial Street Fund, the Community Development Block Grant Fund, the LID Construction Fund, the Stadium Convention Center Fund, the Street Fund and the Cemetery Fund in the total amount of$2,358, 100. III. FISCAL IMPACT: Per attached Exhibit 1 — 2010 Budget Supplement Summar,, IV. HISTORY AND FACTS BRIEF: The items recommended to be included in the Supplemental Budget are for expenditures that were unanticipated or indeterminable at the time of the 2010 Budget preparation. Resources for the expenditures are: i. Unanticipated revenue 2. Contributions from active funds 3. Ending fund balances V. DISCUSSION: Please see attached memo from the Financial Services Manager to the City Manager. VI. OTHER COMMENTS: 7(b) ORDINANCE NO. AN ORDINANCE AMENDING THE 2010 ANNUAL OPERTING BUDGET OF THE CITY OF PASCO BY PROVIDING SUPPLEMENT THERETO; BY APPROPRIATING REVENUE RECEIVED IN EXCESS OF ESTIMATED REVENUES FOR THE CURRENT YEAR AND BY PROVIDING TRANSFERS AND ADJUSTMENT AUTHORITY. WHEREAS, staff has identified the need to make certain revisions to the 2010 Annual Operating budget originally adopted through Ordinance No. 3945 on December 21, 2009, and WHEREAS, a Public Hearing.has been held subsequent to due notice, and the City Council has, after consideration, deemed the proposed Supplement to the .Annual Operating Budget necessary and appropriate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. Pursuant to R.CW 35A.33.120, the 2010 Operating Budget be and the same is hereby amended to provide for the follo'Mng adjustments to revenue and expenditures, and by providing authority for any necessary transfer of money within or between funds indicated. FUND REVENUES EXPENSES GENERAL FUND 379,79D 3,568,290 STREET FUND 20,000 208,810 ARTERIAL STREET FUND 1,232,000 STREET OVERLAY FUND 50,000 CDBG FUND 400,000 183,540 AMBULANCE FUND 100,570 100,570 CEMETERY FUND 100,000 MULTI MODAL FUND 45,800 45,800 SPECIAL ASSESSMENT LODGING FUND 10,000 TRAC DEVELOP& OPERATING FUND 82,000 PARK FUND 377,000 CAPITAL IMPROVEMENT FUND 3,179,790 STADIUM/CONVENTION CENTER FUND 40,000 - GEN£RAL CONSTRUCTION FUND 379,790 UTILITY FUND 647,955 UTILITY EQUIPMENT MAINTENANCE FUND 62,000 GOVT EQUIPMENT REPLACEMENT FUND 285,000 UTILITY EQUIPMENT REPLACEMENT FUND 63,000 MEDICAL/DENTAL FUND 500,000 LID GUARANTEE FUND 190,115 LID CONSTRUCTION FUND 2,949,830 LID 745 FUND 675,395 TOTAL CITY WIDE OPERATING BUDGET 5,267,990 10,609,055 The above items are shown as revenues and appropriations to specific budgets and items within budgets in the attachment marked "Exhibit 1 — 2010 budget Supplement" the Expenditure/Revenue detail, which is incorporated herein as though fully set forth. §2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above and in the Exhibit and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provisions of this Ordinance. §3. This Ordinance shall take effect five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, on this 20th day of December, 2010. City of Pasco: Matt Watkins, Mayor Attest: Approved As To Form: Debra Clark, City Clerk Leland B. Kerr, City Attorney ORDINANCE NO. AN ORDINANCE RELATING TO SUPPLEMENTAL CAPITAL IMPROVEMENT PROJECTS BUDGET FOR THE YEAR 2010. WHEREAS, staff has identified the deed to make certain revisions to the 2010 Capital Improvement budget originally adopted through Ordinance No. 3946 on December 21, ?009, and WHEREAS during the year 2010 additional capital improvement expenditures became necessau that were unanticipated and a need exists requiring a Supplement to provide for such expenditure authority, and WHEREAS a Public Hearing has been held subsequent to due notice, and the City Council has after consideration, deemed the proposed Supplement to the Capital Improvements Projects Budget necessary and appropriated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. The following capital improvement projects hereby authorized as detailed below: INCREASE IN TOTAL Cris PROJECT COSTS Current Increase In New Total Project# Pr4iect,-I escrigtion Authority Authority Authority 210305 20th Ave Gateway 100,000 30,000 130,000 609604 Memorial Pool Renovation 3,450,000 375,700 3,825,700 410201 Commercial Ave Water 250,000 250,000 409201 West Side Water Treatment Plant 9,000,000 3,000,000 12,000,000 Replacement of AC Water Pipe 1,000,000 400,000 1.400,000 12,550,000 4 055 700 16,205,700 1 §2. This Ordinance shall take effect five (5) days after passage and publication. Adapted by the City Council of the City of Pasco, on this 20th day of December, 2010. City of Pasco: Matt Watkins, Mayor Attest: Approved As To Form: Debra Clark, City Clerk Leland B. Kerr, City Attorney RESOLUTION NO. A RESOLUTION AUTHORIZING INTERFUND LOANS FROM THE GENERAL FUND TO THE ARTERIAL STREET FUND, COMMUNITY DEVELOPMENT BLOCK GRANT FUND, LID CONSTRUCTION FUND, STADIUM CONVENTION CENTER FUND, STREET FUND, AND THE CEMETERY FUND FOR A TOTAL SUM OF $2,358,400. WHEREAS, the City Council of the City of Pasco has,pursuant to RCW 35.33.121, found that it is in the best interest of the City to lend funds from the General Fund to the Arterial Street Fund, the Community Development Block Grant Fund, and the LID Construction Fund, Stadium Convention Center Fund, Street Fund; Cemetery Fund and to provide for the repayment thereof, and NOW, THEREFORE, THE CITY OF PASCO, WASHINGTON HEREBY RESOLVES AS FOLLOWS: 1. Authorization for loan. The Financial Services Manager of the City of Pasco is hereby authorized and directed to make the following loans from the City of Pasco General Fund as needed to restore fund cash balances and refinance previous interfund loans but not to exceed: (A)To the Arterial Street Fund in the sum of$1,232,000; (B)To the Community Development Block Grant Fund in the sum of$400,000; (C)To the LID Construction Fund in the sum of$566,400; (D)To the Stadium Convention Center Fund in the sum of$40,000; (E) To the Street Fund in the sum of 520,000; and (F) To the Cemetery Fund the sum of$100,000. 2. Terms and Memorialization. The effective dates of the loans shall be December 31, 2010 and shall be due and payabie on January 1, 2011, 1 day later. The interest rate will be 0%. This resolution shall constitute memorialization of these loans and their terms. PASSED by the City Council of the City of Pasco, Washington, this 20th day of December 2010. SIGNED in authentication of its passage this 20'' day of December, 2010. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Ken, City Attorney MEMO TO: Gary Crutchfield, City Manager FROM: Dunyele Mason, Financial Services Manager RE: 2010 BUDGET SUPPLEMENT OVERVIEW OPERATING BUDGET GENERAL FUND: The 2010 Supplemental O&M Budget increases 2010's Budget appropriation by $3,568,290. The funding for the additional expenditures comes from a revised revenue budget of $379,790 (return of temporary financing provided to the memorial pool project) and $3,188,500 of Ending Fund balance. An amount not to exceed $2,358,400 of this increase is to provide temporary funding to other funds to avoid negative cash positions at year end. Negative cash positions can be created by construction projects and grant expenditures until the grant reimbursements or other revenues are received.The general fund loans are "overnight loans" and will be repaid on January 1, 2011. $127,940 pays-off an equipment purchase lease with the State of Washington and will create interest savings of$6,730. The city pays interest at 3.47%for this loan but currently investments held in the Local Government Investment Pool earn 03%. Thus the city creates net interest savings by using some of its excess cash balance to pay off debt. $692,550 funds various capital expenditures. Capital expenditures includes $151,750 to pay the city portion of LSD 145 improvements; $308,000 to fund the city's share to move utilities underground on A St.; $123,500 for new equipment (SCBA) for the fire department of which 80%will be grant funded; $63,500 to purchase the Metro Trailer and $45,800 to fund new doors at the Multi-Modal station. The remaining approximately$389,400 covers various other items such as $114,000 in one time consulting studies, $80,000 in legislative consulting support (omitted in original budget), $50,000 in additional public safety overtime to backfill for four people on disability leave,$45,000 in bank fees (no longer offset by interest earnings, and various other professional service contracts. Please note that$2,358,400 use of Ending Fund Balance is temporary as on January 1, the interfund loans will be repaid thereby replenishing the general fund's Ending Fund Balance to an anticipated balance of$6,447,000. $1,209,890 represents the net, unreimbursed amount. VARIOUS FUNDS: There are a variety of interfund transfers included: for the Memorial Pool Renovation, interfund services, and for the LID Construction fund (relating to both completed and continuing LID construction activity). MEDIC_A DENT_A_L FUND: This fund is variable by nature. Recent months' activity indicates additional budget authority may be necessary to continue medical claim payments as they come due.Though it may not all be used, an additional$500,000 of budget authority is included. Even with this additional appropriation, the fund is expected to approximately break-even for the year with current year revenues matching current year expenses. CAPITAL BUDGET The attached 2010 Capital Budget Supplement lists the continuing projects with funding scope increases; which increases the budget for total project appropriation.The largest change is for the new water treatment plant which increases from$9 million to $12 million.This change includes actual costs in excess of preliminary budget estimates as well as additional costs incurred to perform re-work related to original work that did not meet specification, Some of the re-work costs may ultimately be covered by warranty, but the city requires budget authority to expend additional amounts to fix the issues and to bring the plant on line. 2010 Operating Budget Supplement Account Description REVENUES EXPEND Explanation GENERAL FUND COURT Professional Services 26,500 lnterpretors; Judge Pro Tem; Court Appt Attorney, etc. Total Muni Court 26,500 POLY E Misc Professional Services 35,000 Attorney fees and Dispatch study Uniforms and clothing 29,000 New uniform shirt Total Police 64,000 FIRE Overtime 50,000 To backfill for four people on disability leave Equipment 123,500 New SCB A purchase; 80%FEMA grant offset Repair/Maint of Bldg 20,900 Fiber network installation Total Fire 194,400 A&CS- FIN,ZNC.E Bank Fees 45,000 Interest earnings no longer cover fees Misc Professional Services 24,000 Increased meter reading,utility printing&postage costs A&CS-PA RKS!AOl lj'ITES Professional Services 25,000 Parks Master Plan Total AC&S 94,000 1OND.P% rMENTAL Other Miscelleaneous 151,750 Pay-off LID for city property: LID 145-016 Capital asset purchase 63,500 Purchase of Metro Trailer(Modern Bldg Systems Inc) Other Improvements 308,000 Undergrounding utilities on A St. Misc Professional Services 54,000 Communication study budgeted 2009; work in 2010 Misc Professional Services 80,000 Legislative consulting(Gordon,Thomas & Honeywell) MultiModal Fund funding 45,800 Fund door replacement Loan Principal 127,940 Pay off computer lease 3.47% Interest Rate(2013) Interest saved$6,731.26 Interfund loan proceeds 100,000 Overnight loan to Cemetery fund Interfund loan proceeds 1,232,000 Overnight loan to Arterial St. Interfund loan proceeds 400,000 Overnight loan to CDBG. if grant reimbursement not rec'd Interfund loan proceeds 566,400 Overnight loan for LID Construction Fund Interfund loan proceeds 40,000 Overnight loan for Stadium/Convention Center Interfund loan proceeds 20,000 Overnight loan for St O&M Fund Total NonDepartmental 3.189,390 Additions to Gen']Fund Expend 3,568,290 Transfer to General fund 379,790 Return prior year funding of Memorial pool Additions to Revenues 379,790 Reduction in End Fund Bal (3,188,500) On Jan 1, 2011 Ending Fund balance will increase by 12/9/2010 5:50 PM \\50L02\Finance\FINANCE MANAGER\BUDGET-Working Files\BUDGET 2011\2011 City Manager Level\2010 Revised Budget Final GARY Request 2010 Operating Budget Supplement Account Description REVENUES EXPEND Explanation STREET FUND Interfund Equipment Rental 7,400 Replace damaged trailer Overtime, Gravel, etc. 50,000 Snow & lee removal: labor, gravel, de-icer, gas, etc. Transfer out 151,410 Funding for LID 145 street construction Additions to Expenditures 208,810 Interfund loan proceeds 20,000 Overnight loan from Gen'I Fund if taxes lower than est Additions to Revenues 20,000 Reduction in End Fund Bal (188,810) ARTERIAL STREET FUND Tnterfund loan proceeds 1,2321000 Overnight loan if needed. Additions to Revenues 1,232,060 STREET QVERLAY FUND Contractor payments 50,000 2009 work carried over into 2010 Reduction in End Fund Bal (50,000) CDBG FUND Interfund transfers 123,540 Move CDBG proceeds- Lm I46 construction. MLK Center 60,000 MLK RVAC Additions to Expenditures 183,540 hiterfund loan proceeds 400,000 Overnight loan from Gen'l Fund if grant reimb not reed Additions to Revenues 400,000 ULANIC _ ILFNIT Overtime 25,000 To backfill for four people on disability leave Repair/Maint of Bldg 49,300 Fiber network installation Equipment 26,270 Pharmaceutical dispenser; New SCBA purchase; 80% FEMA grant offset Additions to Expenditures 100,570 Ambulance Utility Charge 100,570 Based on current year activity Additions to Revenues 100,570 CEMETERY FUND Interfund loan proceeds 100,000 Additions to Revenues 100,000 MUI LTI 10DAL FUND Repair/Maint of Bldg 45,800 Replace broken doors Additions to Expenditures 45,800 Transfer in from Gen'] Fund 45,800 Funding for doors Additions to Revenues 45,800 12/9/2010 6:50 PM \\50L02\Finance\FINANCE MANAGER\BUDGET-Working Files\BUDGET 2011\2011 City Manager Level\2010 Revised Budget Final GARY Request 2010 Operating Budget Supplement Account Description REVENUES EXPEND Explanation SPECIAL ASSESSMENT LODGING FUND Organizational Services 10,000 Contingency estimate Reduction in End Fund Hal (10,000) TRAC DEVELOP & OPERATLNG FUND County Services 82,000 Operating subsidy Reduction in End Fund Hal (82,000) PARK FUND Transfer to Constr Fund 377,000 Fund Memorial pool construction Reduction in End Fund Hal (377,000) CAPITAL IMPROVEMENT FUND Transfer to Constr Fund 2,479,790 Fund Memorial pool construction Transfer to Arterial St Fund 100,000 20th Ave Gateway Transfer to Arterial St Fund 200,000 Lewis St Transfer to Arterial St Fund 300,000 4th Ave Gateway Transfer to Constr Fund 100,000 East side soccer Reduction in End Fund Hal 3,179,790 S'TADILIVII'CON ELATION CENTER FC�D Interfund loan proceeds 40,000 Overnight loan if needed. Additions to Revenues 40,000 GENERAL CONSIRUCTION FL�,Q_ Transfer out to Gen'l Fund 379,790 Return prior year temporary construction financing Reduction in End Fund Hal (379,790) I1 lL '�T Water Transfer out 281,405 Fund construction of LID 145 water improvements Sewer Transfer out 366,550 Fund construction of LID 145 sewer improvements Additions to Expenditures 647,955 Reduction in End Fund Hal (647,955) UTILITY EOUII'MENT I'vLkIAjENANCE FUND Interfund services 62,000 Pay interfund mechanic services rendered Requested use End Fund Hal (62,000) GOVT EQUIPMENT REPLACEMENT FUND Vehicle purchases 285,000 Re-chassis ambulance&vehicles per Equip Replace Sched Requested use End Fund Rai (285,000) 12/9/2010 6:50 PM \\SCL02\Finance\FINANCE MA NAG E R\BU DG ET•Working Files\BUDGET 2011/2011 City Manager Level\2010 Revised Budget Final GARY Request 2010 Operating Budget Supplement Account Description REVENUES EXPEND Explanation JITILITY ECIUIPMENT REPLACEMEN_T FUND_ Vehicle purchases 63,000 Replace damaged trailer&vehicles per Equip Replace Sched Reduction in End Fund Bal (63,000) I /DLNTAL FUND Medical Claims 500,000 Reflect actual current year claim trend Requested use End Fund Bal (500,000) LID GUARANTEE FUND Transfer to Constr Fund 190,115 Fund Memorial pool construction Reduction in End Fund Bal (190,115) LID CONSTRUCTION FUND Special Assess Bond Proceeds 785,130 LTD 145 Construction Transfer in from Water Fund 281,405 LID 145 Construction Transfer in from Sewer Fund 366,550 LID 145 Construction Transfer in from LTD 745 675,395 LLD 145 Construction (prepayments received) Transfer in from Street Fund 151,410 LID 145 Construction Transfer in from CDBG Fund 123,540 LID 146 Construction Interfund loan proceeds-GF 566,400 Overnight loan from General Fund to cover cash flow Additions to Revenues 2,949,830 LID 745 FUND Transfer to LID Constr Fund 675,395 Prepayments pledged to construction Reduction in End Fund Bal (675,395) 12/9/2010 6:50 PM \\SOL02\Finance\FINANCE MANAGER\BUDGET-Working Files\BUDGET 2011\2011 City Manager Level\2010 Revised Budget Final GARY Request 2010 Capital Budget Supplement INCREASE IN TOTAL CIP PROJECT COSTS Current Increase In New Total Project# Project Desujj u_n Authority Authority Authority 210305 20th Ave Gateway 100,000 30,000 130,000 609604 Memorial Pool Renovation 3,450,000 375,700 3,825,700 410201 Commercial Ave Water 250,000 250,000 409201 West Side Water Treatment Plant 9,000,000 3,000,000 12,000,000 406203 Repiacment of AC Water Pipe 11000,000 400,000 1,400,000 12,550,000 4,055,700 16,205,700 12/9/2010 6:50 Prof\\S0L02\Finance\FINANCE MANAGER\BUDGET-Working Files\BUDGET 2011\2011 City Manager level\2010 Revised Budget Final CARY Request AGENDA REPORT TO: City Council December 16, 2010 PROM: Gary Crutchfi 0- y Manager Regular Mtg__ 12/20/l0 SUBJECT: City Council Districts I. REFERENCE(S): 1. PMC 1.10.010 2. Map of Current Council Districts 3. Matrix, Population by Precinct/District, Current 4. Map, Districts Option A 5. Map, Districts Option B 6, Map, Districts Option C IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/20: CONDUCT A PUBLIC HEARING 111. FISCAL IMPACT: IV, HISTORY AND FACTS BRIEF: A) PMC Chapter 1.10 provides that five of the seven City Council positions be filled by citizens residing in the respective district. The ordinance was established in 1971 in an effort to assure geographic representation and, in particular, to assure an opportunity for ethnic representation on the City Council. As a precaution (to assure "equal representation' as required under the Constitution), the ordinance further requires that no district may be more than 10% greater or smaller than another district("10%" rule). B) Given ordinary community growth rates, the City Council districts were revised once every 10 years, following the decennial federal census. With the rapid growth of Pasco over the past decade, however, the district boundaries have required adjustment every two years in order to comply with the "10% rule." The last effort (2009) illustrated that the ability to comply with the 10% rule with five districts is becoming so difficult as to be improbable without starting over entirely (the existing composition of districts is so bound by precincts and current council residency, that it becomes improbable to define a long-term change without displacing a current Councilmember). C) During the past year, staff worked with the county auditor to reduce the size of precincts, particularly in the older part of the city. As a result, about a dozen precincts were split in two, both in the older area and the plateau (to accommodate anticipated growth), Those changes helped to provide more flexibility in 2010, but did not relieve the problem in a significant way. D) The current population estimates, by precinct/district, reflects a disparity greater than 10%. Thus, action is required by the City Council to revise the council district boundaries in advance of the 2011 municipal election (filing period is the first week of June). Revisions should be completed by March (at latest), so as to provide sufficient notice to the community in advance of the election filing period (sooner would be better). Any revision must be preceded by a public hearing. 7(c) V. DISCUSSION: A) Clearly, the continuing population growth requires council action to adjust the district boundaries to reflect the spirit and letter of state and local law. Consistent with past direction of council, staff has identified three revision options which will comply with law and have the least degree of change to existing circumstances (options A, B and Q. Previous Council discussion suggested that Option B may be preferred, as it reflects the most compact districts in the older part of town. 13) Staff also weighed the notion of"wholesale" change; that is, five equal district boundaries without respect to resicicncy of current Councilmembers. Though such an action is favored by staff, it would best wait for the 2013 cycle:, due principally to the fact we do not yet have the 2010 decennial census data. Such data, given historical patterns, will likely have a substantial influence on the city's population distribution (particularly in terms of population per household). In addition, the decennial census data triggers wholesale review and probable modification of voting precincts county-wide; those changes could also have substantial influence on the city's council district boundaries. 'Thus, staff advises to wait for the decennial census data changes before undertaking the desirable task of a wholesale change in council districts. C) Staff has provided notice of the public hearing in the newspaper (12/5 and 12/12) as well as on the Citv's website, Following the public hearing, if Council is ready to make a decision, this item can be placed on the agenda of January IS, 2011 for formal action. 1.10.010 NUMBER OF DIVISIONS - EQUAL POPULATION IN EACH. The City is divided into five voting districts. Each district shall be as nearly equal in population as possible; compact as possible; consist of geographically contiguous area; be configured as to not favor or disfavor any racial group or political party; and to the extent feasible, coincide with the existing recognized natural boundaries so as to preserve existing communities of related and mutual interest. (Ord. 3472 Sec. 1, 2001; Ord. 1472 Sec. 1, 1971.) o s: ono 045 k ��-, -' IN - _ n _ g z: 2 vv E 046 039 - r S 008 �- 047 0 " -040-. 035 024 f/V } 05 COU TST 16 + 003 9j � "yes 031 2 _ °rr IS n we Sr mss'!v 004 L- 002 District Population Est City of Pasco Council Districts Council District 1 13-3419 Council District 2 8,208 Current Districts 2010 Council District 3 11 190 Council District 4 13,653 Council District 5 9,914 Current Council Districts 2010 Pracinat District 1 District 2 Dis&Ict_3 District-A District �5 Po Est_2010 001 4,022 4,022 002_ 2,128 -- 2,128 003 1,939 - 1,939 004 f 2,116 2,116 005 1,685 1,6$5 006 1,459 1,459 -60-7 ---- 1,910 1,910 _008 1 519 519 T 009 1,187 } 1,187 010 964 964 091 882 yi882 012 1,224 1,224 013 - 1,268 -- 1,268 014 8_49 849 015 1,272 1,272 016 _ 1,217 1,217 017 1,518 1,518 018 1,010 1,010 019 '8 ": 927 020 414 414 021 184 _ 184 022 - --- 646 -- - 646 _ 023 -��---- 852 _ 024 _ 428i 428 025 _ 2!K 254 026 AM. 436 ---027 4441 1. 444 028 254 254 029 249 249 030 220 220 031 158 158 032 1,151 1,151 033 578 578 _.. 034 670 - - 670 035 88, 88 036 982 962 '07 1,256' " 1,256 82 038 _ 6 -� 820 039 566 04Q� 1,700 _1,700 041 334 042 8941, 894 043 901; 901 044 911: 911 045 1,205 ' - - 1,205 046 1,557 _1,557 047 85. 85 048 455 455 049 500 050 968 968 051 :9 1,189 052 1,108 053 1,232 1,232 054 800 800 055 "tW __.._1,051 V059 1,138 - T_ iw, 623 _ 79 72 #ea 665 200 L_ 13,349 8,208 11,190, 13,553 9,914; 56,314 2,089 -3,052 -70 2,393 -1,346' 56,314 } ' ILD*— MUMW ,%P 050 to�v 037 N ov (44 W E pas r: �,� �. , 039 S :t TO , 047 Ali A 008 035 024 0011 � �r U� _—_ � • _ _ _-_` - __"iiDD _„ j _ � yam. � f a+ bo 005 s COU FST - _ �. - r 1i 003 p TrSST • - ;. �Ew^ ,. __ 007; ,. p � 031 2 i1 Sr q1 °T A ST - - 013 K° o 002 District Population Est City of Pasco Council Districts Council District 2 10,324 New Districts Option "N' Council District 3 11,190 Council District 4 li,62'i ICouncif District 5 11,546 Q3 10!� 045 OF N i 058 043. -t` 061 -- - �� W h52 046 21-- 039 S Q� `1 008 047 024 ° 001 T` 044 0 -R EN RO -ARGE KT-RD' � T j 025 COUI ZT ST pp g� T-4 003 c W7 T 041 yy� 5T 31 $'t3 004 0 002 District Population Est City of Pasco Council Districts rict 1 11 Council District 2 10,701 New Districts Option "B" Council District 3 10,415 Council District 4 12,076 Council District 5 11 649 1 • 1 _ 1 NDIFUR PN'A' �! 058 _ AV-�1E 022 g W t139 S Q I C'v 4 647 008 r; 035 4 Gou IST _ District Population Est City of Pasco Council Districts Council District 2 10,701 New Districts Option "C" Council District 3 10,757 Council District 4 11,365 Council District 5 12,018 AGENDA REPORT FOR: City Council d� December 15, 2010 '170: Gary Crutchflel '1 lanagQr Regular Mtg.: 12/20110 FROV1: Rick White, Director Community& Economic Development �\Jj SUBJECT: Public Development Authority(PDA) formation for Downtown Revitalization I. REFERENCE(S): 1. Implementation Ordinance 2. Oraft.Oper.Ajnn Agreement H. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 12/20: MOTION: I move to adopt Ordinance , creating the Downtown Pasco Development Authority, approving a charter, initial bylaws and establishing and providing for the appointment of a Board of Directors and, further, to authorize l)i►blication by summary only. Ill. FISCAL, 1 N'.1 PACT: Total annual costs will be approximately $94,000. ReVCnLIeS received would be approximately $34.000 - for an estimated net impact of$60,000. V. HISTORY AND FACTS BRIEF: A. City Council has determined that identification and establishment of the most 4ff'ective org�mi ntional structure for revitalizing the Downtown area is a Council Goal fbr 2010 — 201 B. The formation of a PDA as a method to undertake revitalization efforts in Downtown was presented to Council in June of this year and examined by an advisory group of Downtown stakcholders and organizations this past summer. C. With the exception of the Pasco Downtown Development Association (PDDA), the Advisory Group — consisting of the PDDA, Pasco Chamber of Commerce, C011lmhia Basin College, Pasco Community Development Dcpartment, and Council members Yenney and Martinez has recomme:ndcd the f'ortnatiurt a»d staffing of a. PDA to undertake revitalization an([ business support efforts focused on the Downtown area. 1). Formation of a PDA gained the consensus of Council at (lie October 25'x' Workshop, Council provided direction to prepare the necessary documents for formation and implementation of a PDA and return the issue to Council for discussion. Additional information was provi.dcd to Council at. the Workshop niecting of Novcmber 22 and December 13, 2010. V. DISCUSSION: A. A PDA would be a public corporation created by the City to perform particular public purpn es, A PDA would have authority as allowed by RCW 35.21.730 - 755 and as designated by City Council in its charter. PDA's are authorized to own and sell real property, contract with the City to perform community renewal activities and perform all types of community services that the City itself may undertake. B. The implementing ordinance (Reference #1) recites and applies applicable State law including authority and litxnitations of the PDA, and is the legal mechanism by which the PDA is created. C. The ordinance contains the charter that expresses the purpose and role of the PDA. The charter identities what Council is directing the PDA to accomplish and provides flexibility since it is likely the purpose and means of imlplementation may change in response to new needs and opportunities. The ordinance also contains the initial by-laws for the i'DA which will allow for management of the PDA's business meetings. 8(a) D. The draft operating agreement(Reference #2) supplenleWs the charter and provides specific additional objectives that the PDA needs to accomplish in order to revitalize Downtown. It is recommended that the operating agreement be finalized once the PDA Board is appointed. It is also recommended that the operating agreement be revisited by the PDA and the City at regular intervals (the current draft contains a provision to revisit biennially). 1;.. The purpose and efforts of a PDA may also be effectively leveraged with the Community Development Block Grant (CDBG) program — specifically the formation of Neighborhood Revitalisation Strategy Area (NRSA). A NRSA would involve a coinniunity input and plRnning effort to establish a vision and measurable goals for Downtown and the surrounding area, and may allow increased flexibility in meeting CDBG regulations. F. The implementing ordinance and draft operating agreement refer to the public corporation as the Downtown Pasco De.vclopment Authority (DPDA). It is recon-inended that the DPDA have the ability to name certain activities and efforts with unique names or trade names (such as the Downtown Pasco Farmer's Market). If a wholesale name change is desired, then the above documents would require the appropriate amendments. G. The potential annual cost of operations and of revenue sources is as follows: • Operations -- $04,000 o Director --- $65,000 o Rent--- $6,000 o Office equipment/supplies --- $2,000 o Utiliticsltclephonc ---$3,000 o insurance --- $3,000 o Miscellaneous --- $15,000 • Revenues -- $94,000 • Farmer's Market(net) --- $20,000 • Specialty Kitchen (net) --- $14,000 • City --- $60,000 REFERENCE #1 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Creating the Downtown Pasco Development Authority, Approving a Charter Therefore and Initial Bylaws for the Conduct of its Affairs; and Establishing and Providing for the Appointrneftt of Board of Directors WHEREAS, the City Council of the City of Pasco, Washington, has recognized that a strong and vibrant downtown City core is essential to provide; for the economic stability of the community and the source ol' services to provide for its citizens. As a result, the City Council has established as a goal, identification and establishment of the most effective organizational structure for revitalizing the downtown area; and WHEREAS, the legislature of the State of Washington has authorized cities to create public e:or-poratiolIS under RCW 35.21.730 through RCW 31.21.755 to meet these types Of'goals; and WHEREAS, the City Council has determined that such an Authority would provide the best on-anizational structure for revitalizing the City's downtown a.rca; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Authority Created. As authorized by RCW 35.21.730 through RCW 35.21.755, a Public authority with powers and limitations as set forth in State law and the charter approved hereby, is hereby created to adi-•rinistcr and execute Federal grants or programs'. to receive and administur private funds, goods or services for any lawful public service; and to perform any lawful public purpose or public function to provide for the revitalization and enhancement of the downtown Pasco area as defined below. Lawiul public purposes Or public functions shall include, but are not limited to improving the administration of authorized Federal grants or programs; State programs, including the "Main Street" program, developing a revitalization plan; and to assist and promote the implementation Of such plan, arld such Other pttrpOSes and functions as may be delegated by the City. Section 2. City Liabilitv Limited. This Authority is an independent legal entity exclusively responsible for its own debts, obligations and liabilities. All liabilities incurred by the Authority shall be satisfied exclusively from the. assets and properties of the Authority, and no creditor or other person shall have the right or cause or action against the City creating the Authority on account of any debts, obligations, or liabilities of the Authority. Section 3. Name. The name of the Public Authority shall be the Downtown Pasco Development Authority. The Authority shall have the option of securing names or trade names unique to Sl]ccilic activities or efforts. Section 4. Authority Boundaries. The boundaries of the Downtown Pasco Development Arilhorily arc &sigrrated nri Exhibit A, attached hereto and incorporated herein by reference. The purposes of functions of the Downtown Pasco Development Authority shall be primarily addressed to the revitalization and improvement, and operation of programs and facilities within that territory designated oil Exhibit A subject to expansion of such boundaries by the City Council. Section 5. Definitions. As used herein,the term: Ordinance Creating the Downtown Pasco Development Authority- l A. "Board of Directors" or "Board" means the governing body vested with the n ianagcment of the affairs of the Downtown Pasco Development Authority. B. "Bylaws" meats the rules adopted for the regulation or management of the affairs of the Downtown Pasco Development Authority adopted by this Ordinance and all subsequent amendments thereto. C. "Charter" means the articles of organization of the Downtown Pasco Development Authority adopted by this Ordinance:and all subsequent amendments thereto. D. "City" means the City of Pasco, Washington. E. "City Clerk" mewls the clerk of the City of Pasco, Washington, or the clerk's designee or successor official performing such duties of the clerk as defined by law. F. "City Council" means the City Council of the City of Pasco, Washington. 0. "Mat-aager" means the City Manager of the City of Pasco, Washington. H. "Mayor" means the Mayor of the City of Pasco,Washington. I. "Public Authority" or "Authority" or "Public Development Authority" means the Downtown Pasco Development Authority created under this Ordinance. Section G. Powers - - Generall . Except as otherwise limited by the Washington State CORStituliort, laws of the State of Washington, this Ordinance, or the charter approved thereby, the Downtown Pasco Development Authority shall have and may exercise all lawful powers necessary or convcarient to effect the purposes for which the Authority is organized, and to perform authorized corporate functions, Including, but not limited to (be vower to. A, Own and sell real and personal properties. B. Contract for any corporate purpose with the United States, the State; of Washington, and any political subdivision or agency of either, and with individuals, associations and private business entitles. C. Sue and be sued in its name and capacity. D. Lend and borrow funds. F. Perform all manner and type of community services and activities as permitted by law. F. Provide and implement such municipal and community services and functions as the City C OLM61, tnay by Ordinance, direct. G. Receive and administer Federal or private funds, goods or services to fill the purposes of the Authority. H. Recommend to the City Council public improvements and expenditures in the Authority area. Ordinance Creming the Downtown Pasco Development Authority - 2 1. Initiate, carry out, and complete such programs and improvements consistent with the charter, revitalisation plan, and authorization by the City Council. Section 7. Charter. The charter of the Downtown Pasco Development Authority, as attached as Exhibit B to this Ordinance, is hereby approved establishing the purposes, powers and rules fur the conduct of the business of the Authority. The charter may only be amended by City Ordinance adopted at, or after a public hearing held after notice to the Authority and the Board of Directors affording a reasonable opportunity to be heard to present testimony. Section S. Effect of Issuance of Charter. The Downtown I'asco Development Authority shrill commence its existence upon the effective date of this Ordinance, and shall commence doing business according to the terms of this charter and bylaws upon the appointment, of the initial Board of Directors and its organizational meeting. Section 9. Bylaws. The initial bylaws of the Downtown Pasco Development Authority as attached as Exhibit.C to this Ordinance incorporated herein by mfercnce, are hereby approved for use and implemeritation by the Authority. The ,power to alter, arnerrd, or repeal the bylaws or adopt new bylaws shall be vested in the Board of Directors of the Authority except as may be in conflict with State law, or the charter. The bylaws shall be consistent with the charter. In the event of a conflict between the bylaws and this Ordinance or the charter, this Ordinance or the charter, as the case may be, shall control, Section 10. Board of Directors. The Board of Directors shall consisic of nine (9) Directors established to govern the affairs of the Authority. The Directors shall be appointed and servo their terms as provided in the charter. Members of the Board shall be appointed by the Mayer of the City of Pasco subject to confirmation by the Pasco City Council. All corporate powers of tae Authority shall be exercised by or under the direction of the Board of Directors; and the business,property and affairs of the Authority shrill he managed under the supervision of the Board of Directors, except as may be otherwise provided by law or in the charter. Section 11. Or ani7ational Meetii�ta. Upon appointrne nt and confiirn)alion of the initial Board of Directors, an organizational meeting of the Board shall be called upon ten (10) days advanced written notice to each Director unless such notice is waived in writing at the initial ineeting;. At such sleeting, the Board shall organize itself, appoint officers, and conduct its I)Mi1)eS5 consistent with the terms of the cha)-ter and bylaws. Section 12. QuQrUM. At all ineetings of the Board of Directors, not le;,s than five Directors Shall Constitute it C1110rUM. ,Section 13. Dissolution, A. If the City Council by majority votes makes an affirmative finding that dissolution is warranted for any reason, the existence of the Downtown Pasco Development Authority may be terminated by Ordinance of the City Council adopted at or nfter a public hearing, held with notice to the Directors of the Authority kind affording them a reasonable opportunity to be heard and present testimony. Dissolution shall be accomplished as provided in the charter, and shall not talce effect until proper provision ha8 beta rnade for the disposition of all Authority asset's. B. Upon dissolution of the Authority or the winding tip of its affairs, title to all remaining asset; or property of the Authority shall vest in the City of Pasco unless the City Council or tnistee, if cipl)oirlted, or a Court Having jurisdiction, has provided for the transfer of any Autltority rights, assets, or Ordinance Creating the Downtown Pasco Development Authority - 3 property to a qualified entity or entities which will fulfill the purposes for which the Authority was created. Section 14. Ancillary Authority. The City Manager is granted all such power and authority as reasonably necessary or convenient to administer the implementation of this Ordinance, and to perform the duties imposed in this Ordinance or the Authority charter. Section 15. Construction, This Ordinance shall be liberally construed so as to effectuate its purposes and the purposes authorized by law. Section 16. Severability. If any one or more sections, subsections, or sentences of this Ordinance arc held to be unconstitutional or invalid, such decision shall not affect the validity of the rcumining portion of this Ordinance and the same shall remain in frill force and effect. Section 17. Effective Date. This Ordinance shall take full force and effect on the 3"J day of January, 2011. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 20"' day of December,2010. ;Matt WatkiDs Mayor ATTFS`1': APPROVED AS TO FORM: Debbie Clark Leland B, Kerr 010 Clerk City Attorney Ordinance Creating the Downtown Pasco Development Authority-4 HENRY 51 _ ST PA7 MARGARET ST } __. CISYHALL PARK ST Tj 11.._ .,T �.� .N: 1 � 1-p I O i 1 f ; � -.; ..,. �.?. �. i �i_.1•!� l W 11 1.i .i °.. _w s_. _. .a_,_w _...._ -- ..�-.L f._ . --r ]MOM, �� lr1T-! tj �7✓, SYLVESTER ST Sri 7--1 O-A wo 7 ur j C y 's..! ' r''1 �l�S:s�=6 1— ••• O —A ��`'' 1 .SAN - `�\, 1 OS wo alt LINk MEMORIAL PARK LEST MLGOB ��ti ST Cr 4� FW Legend City of Pasco C M Public Development Authority R-1 LOW DENSITY RESIDENTIAL "O"OFFICE M Schools R-2 MEDIUM DENSITY RESIDENTIAL ' C-1 RETAIL BUSINESS Public Development M Parks R-3 MEDIUM DENSITY RESIDENTIAL C-2 CENTRAL BUSINESS Authority Civic Centers R4 HIGH DENSITY RESIDENTIAL C-3 GENERAL BUSINESS 1-1 LIGHT INDUSTRIAL EXHIBIT B CHARTER OF THE DOWNTOWN PASCO DEVELOPMENT AUTHORITY ARTICLE I The Name and Seal Section 1.1 — Name. The name of this Authority shall be the Downtown Pasco Development Authority hereinafter as referred to as "Authority" or"DPDA". ARTICLE H Authority and Limit on Liability Section 2.1 — Authority. The Authority is a public authority organized pursuant to RCW 35,21.730 through 757, as amended and Ordinance of the City of Pasco,Washington. Section 2.2 — Limit on Liability. The Authority in all activities and transactions shall be limited in the following respects: a. The Authority shall have no power of eminent domain nor any power to levy taxes or special assessments. b. The Authority may not incur or create any liability that permits recourse by any party or member of the public to any assets, services, resources or credit of the City of Pasco. All liabilities incurred by the Authority shall be satisfied exclusively from the assets and credit of the Authority; no creditor or other person shall have any recourse to the assets, credit or services of the City on account of any debts, obligations, liabilities, Lets or omissions of the Authority. ARTICLE III Duration The duration of the Authority shall be perpetual except as provided in the enacting ordinance, ARTICLE. IV Purpose The purpose of the Authority is to provide an independent legal entity to undertake; assist with, implement and otherwise facilitate and provide for the revitalization of the Pasco downtown; facilitate and increase private investment in the downtown area; increase economic vitality of the Pasco downtown; eliminate blight and create jobs; and enter into agreements with cultural, public, other not-for-profit entities, and/or private firms for programs or projects consistent with this charter and the Operating Agreement with the City of Pasco,and as authorized by state statute. ARTICLE V Powers Section 5.1 — Powers. The Authority shall have and exercise all lawful powers conferred to it through state laws, the enacting ordinance, this Charter and its bylaws and the Operating Agreement between the Authority and the City of Pasco. The Authority in all activities and transactions shall be subject to the powers, procedures and limitations contained in the enacting ordinance. The Authority may execute contracts and other instruments with public, non-profit and/or private entities; buy, lease or otherwise acquire real property; hold, clear or improve real property; borrow money and accept grants to carry out Downtown improvements; provide loans, grants, or other assistance to property owners or tenants and provide financial or technical assistance for job creation or retention. The Authority may enter into lease agreements with the City for City - owned properties and generally seek to improve the revenue generation, attendance and economic productivity of those properties. Section 5.2 — indemnification. To the extent permitted by law, the Authority shall protect, defend,hold harmless and indemnify any person who becomes a board member, officer, employee or agent of the Authority, and who is a party or threatened to be made a party to a proceeding by reason related to that person's conduct as a board member, officer, employee or agent of the Authority, against judgments, fines, penalties, settlements, and reasonable expenses(including attorney's fees) incurred by him or her in connection with such proceeding, if such person acted in good faith and reasonably believed his or her conduct to be in the Authority's best interests and if, in the case of any criminal proceedings, he or she had no reasonable cause to believe his or her conduct was unlawful. The indemnification and protection provided herein shall not be deemed exciusive of any other rights to which a person may be entitled as a matter of law or by contract or by vote of the Board of the Authority. The Authority may purchase and maintain appropriate insurance for any person to the extent provided by the applicable law. ARTICLE VI Board Section 6.1 —Board Composition. The Board of the Authority shall be composed of nine members. The mayor of Pasco shall appoint all Board members subject to confirmation by the Pasco City Council. Five Board members shall be representative of for-profit business or property owners within the downtown area. At least two members of the Board shall be representative of the banking and/or real estate profession and at least two Board members shall be representative of business or corporate management. The Board shall provide for agency liaisons to establish and maintain constructive working relationships and to seek input regarding potential suitable Board candidates. The Board anticipates that organizations such as Columbia Basin College, Pasco Chamber of Commerce and the Tri Cities Hispanic Chamber may appoint such liaisons and be available to the Board for consultation but shall not have voting privileges. Section 6.2 — Terms of Office. The terms of office of the initially appointed Board members shall commence on the effective date of this charter and be staggered as follows: a. Group 1. Four members for two year terms; b. Group 2. Three members for three year terms; and c. Group 3. Two members for four year terms. Thereafter;each member shall be appointed to serve f-bur year terms. Section 6.3 — Board Concurrence and Quorum defined. "Board concurrence" as used in this article, may be obtained at any regular or special Board meeting by an affirmative vote of a majority of Board members voting on the issue, provided that such majority equals not less than five votes. A quorum to commence a Board meeting shall be no fewer than five members. Section 6.4 — Officers and Division of Duties. The Authority shall have three or more officers. The initial officers of the Authority shall be the President, Sceretary=Treasurer and Fxecutive Director. The same person shall not occupy both the office of President and any office responsible for the custody of funds and maintenance of accounts and finances. The President shall be the agent of the Authority for service of process; the Bylaws may designate additional corporate officials as agents to receive or initiate process. The Executive Director shall be the chief administrative staff person to the Board of the Authority. The Authority may contract with the City of Pasco for a mutually agreed designee to serve as its Executive Director. Subject to supervision by the Board of the Authority, the Executive Director shall have primary responsibility for all matters involving day-to-day operations of the Authority and shall snake recommendations to the Board of the Authority on practices, policies and programs of the Authority. He or she shall have such powers and perform such duties as may be prescribed from time to time by the Board and he or she shall be entitled to notices of all meetings of the Board of the Authority but shall not be entitled to be present during any discussions relating to his or her employment or performance. The Board shall oversee the activities of the corporate officers, establish and/or implement policy, participate in corporate activity in matters prescribed by City ordinance, and shall have stewardship for management and determination of all corporate affairs. Section 6.5— Board Officer Election and `Perm of Office. Board officers shall be elected by the Board at the first regular meeting of each year, for a one-year term, and each elected officer shall hold office during said one-year tern and until his or her successor is elected. The first elected officers of the Board shall be elected by the Board at its organizational meeting or as soon as practicable following the Board's creation of such elected office. Section 6.6 — Executive Committee. The bylaws may provide for an executive committee, which shall be appointed and/or removed by the Board; and shall have and exercise such authority of the Board in the management between meetings of the Board as may be specified in the bylaws. Section 6.7—Committees.The appointment of other committees shall be provided in the bylaws. Section 6.8 — Removal of the Board Members. in addition to termination or dissolution of the Authority, if it is determined for any reason that any or all the Board members should be removed with or without cause after appointment by the mayor and confirmation by the C-,ty Council, the City Council may by resolution remove any or all Board members. A vacancy or vacancies of the Board of the Authority shall be deemed to exist in case of death, disability, resigna'.ion, removal, or forfeiture of membership. Vacancies on the Board shall be filled by appointment in the same manner in which members of the Board are regularly appointed. Any person selected to fi il a vacancy on the Board shall serve the balance of the term of the person being replaced, ARTICLE V11 Meetings Section 7.1 - Board Meetings. The Board shall meet as necessary 'jut not less than once each quarter per calendar year. Special meetings of the Board may be called as provided in the bylaws. Section 7.2 — Open Public Meetings. Notice of the meeting shall be given to the extent required by law in a manner consistent with the Open Public Meetings Act, Chapter 42.30 RCW. At such meeting any citizen shall have a reasonable opportunity to address the Board orally or in writing. Section 7.3 -- Parliamentary Authority. The rules of Roberi's Rules of Order (revised) shall govern the Authority in all cases to which they are applicable, where they are not inconsistent with the Charter or with the special riles of the Authority as set forward in the Bylaws. Section 7.4 — Minutes. Copies of the minutes of all regular or special meetings of the Board shall be available to any person or organization that requests them as required by state law; minutes with respect to closed executive sessions need not be made available. The minutes of all Board meetings shall include a record of individual votes on all matters requiting Board approval. ARTICLE Vlll Bylaws The initial Bylaws may he amended by the Board to provide additional or different rules governing the Authority and its activities as long as those are not inconsistent with this charter or with the enacting ordinance. The Board may provide in the Bylaws for all matters of governance of the Authority. ARTICLE 1X Amendment to Charter and Bylaws Section 9.1 — Proposal to amend charter and bylaws. Any Board member may introduce a proposed amendment to the Charter or to the Bylaws at any regular meeting or any special meeting of which ten days advance notice has been given to members of the Board. The notice shall include the text of the proposed amendment and a statement to its purpose and effect, Section 9.2 — City Council approval of proposed Charter Amendments. Proposed Charter Amendments adopted by the Board shall be submitted to the City Council for approval. The Authority's Charter may be amended only by ordinance. Section 10 — Commencement. The Authority shall commence its existence upon the issuance of its Charter as sealed and attested by the City Clerk and the holding of the initial Board meeting. Section 11 —Dissolution. Dissolution of the Authority shall be in the form and manner required by state law, City ordinance and Operating Agreement, and the bylaws of the Authority. upon dissolution of the Authority and the disposition of its affairs, title to all remaining property or assets of the Authority shall vest in the City of Pasco for use for public purposes, Section 12. Approval of Charter. This original charter of the Authority i.3 approved by ordinance __ adopted by the City of Pasco on Certificate. I, the undersigned, City Clerk of the City of Pasco, Washington (City) do hereby certify that this Charter of the Downtov ii Pasco Development Authority is a true and correct original of such charter as authorized by Ordinance of the City. In witness whereof, I have hereunto set my hand and affixed the official seal of the City this day of 201 City Clerk of the City of Pasco, Washington EXHIBIT C CITY OF PASCO DOWNTOWN PASCO DEVELOPMENT AUTHORITY BY-LAWS We, THE MEMBERS OF THE DOWNTOWN PASCO DEVELOPMENT AUTHORITY of the City of Pasco, State of Washington, do hereby adopt and declare the following bylaws: NAME—The official name shall be the Downtown Pasco Development Authority (DPDA). POWERS AND DUTIES—The major responsibilities of the L)PDA shall include: • Review of City plans and policies. The DPDA shall review existing and evolving City land use and capital improvement plans and policies affecting the Downtown Area. • Financi_n,g_StraLejy. In collaboration wit] City staff and/or other professionals, the DPDA will develop a comprehensive inventory of public and private capital and development financing tools and incentives that znay be available to support its efforts. These should include tax credits or other incentives and identification of infrastructure and other public capital investments that may be necessary to support private redevelopment projects. The DPDA shall coordinate with the City in establishing realistic costs for such projects and understanding how such projects may align with existing City infrastructure and capital improvement plans and priorities. • Marketing. The DPDA shall develop a strategy to identify and promote the Downtown Area including the opportunities associated with the Farmer's Market and Specialty Kitchen. Such a marketing strategy shall include but not be limited to web based strategies, information and promotional brochures and videos. • Facade Improvement Program. The DPDA shall provide information, applications and professional assistance to Downtown Area property owners wishing to participate in an approved and funded Community Development Block Grant fagade program. • Business Meetings, The DPDA shall conduct at least two business meetings annually for Downtown Area merchants and property owners. Additional meetings may be conducted as determined by the Board. • Promotional Events. The DPDA may conduct or implement promotional or special events that contribute to the success of the Downtown Area or otherwise advance the goals of the DPDA. MEMBERS. The Board of the DPDA shall be composed of nine members. The mayor of Pasco shall appoint all board members subject to confirmation by the Pasco City Council. Five board members shall be representative of for-profit business or property owners within the downtown area. At least two members of the board shall be representative of the banking and/or real estate profession and at least two board members shall be representative of business or corporate management. The Board shall provide for agency liaisons to establish and maintain a constructive relationship. The Board anticipates that Columbia Basin College, Pasco Chamber of Commerce, Tri Cities Hispanic Chamber and the City of Pasco will appoint such liaisons and be available to the Board for consultation but shall not have voting privileges. The terms of office of the initially appointed Board members shall commence on the effective date of this charter and be staggered as follows: a. Group 1. Four members for two year terms; b. Group 2. Three members for three year terms; and c. Group 3. Two members for four year terms. Thereafter, each member shall be appointed to serve four year terms. MEETINGS. All meetings shall be held at the Pasco City Hall unless otherwise directed by the Chair. The Board shall meet as necessary, but not less than once each quarter per calendar year. A meeting may be cancelled if no issues over which the Board has jurisdiction are pending upon its calendar. Additional special meetings may be scheduled as directed by the Chair. All regularly scheduled meetings of the Board shall be open to the public and otherwise conform to the State of Washington's Open Public Meetings Act. The Board shall follow parliamentary procedures during all discussions, deliberations and voting. ELECTION OF OFFICERS. The officers of the Board shall consist of a Chair, Vice-Chair, and Secretary and other officers as the Board may, by majority vote, approve and appoint. The officers shall serve for a one year period or until their successors are elected, provided, however, that any officer may be removed at any time by vote of a majority of the Board entered on record. The election of officers shall take place once each biennium at the first regular meeting of the calendar year. CHAIR. The Chair shall preside over the meetings of the Board and may exercise all the powers usually incident to the office retaining, however, to himself/herself as a member of the Board, the full right to have his/her own vote recorded in all deliberations of the Board. The Chair shall have full power to create standing or temporary committees of one or more nicinbcrs, charged with such duties, as the Board will determine. No standing or temporary committee shall have the power to commit the Board to the endorsement of any plan, program or action without its submission to the entire body of the Board. VICE-CHAIR. The Vice-Chair shall, in the absence of the Chair from any meetings, perform all the duties incumbent upon the Chair. When both the Chair and Vice-Chair are absent, the members present may elect for the meeting a temporary chair who shall have full powers of the Chair during the absence of the Chair and Vice-Chair. SECRETARY. The Secretary may be a member of the Board or otherwise as the Board may determine. The Secretary shall keep a record of all meetings of the Board and of its committees when requested to do so, and these records shall remain the property of the Fioard and be retained at such office as the Board may direct. Tn the absence of the Secretary from any meeting, a Secretary pro-tem shall be appointed. In such case where the Secretary is a DPDA Employee, appointed by the DPDA as the designated representative to the Board, said Employee shall be ex officio in nature, and shall not have voting privileges. QUORUM. Five members of the DPDA Roard shall constitute a quorum for the transaction of business. The concurring vote of a majority of the members present - but not less than five votes - shall he required for any action taken. Where a majority vote is riot forthcoming the matter shall be considered as being denied unless the Board takes further action. ATTENDANCE OF MEMBERS. Attendance at regular and special meetings of the Board is expected. Any member anticipating an absence from an official meeting should notify the Chairperson or Secretary in advance. Failure to notify the Chairperson or Secretary of an anticipated absence shall be regarded as an unexcused absence. Board members may be removed from their- appointment if they have two or more unexeused absences in any calendar year. CONFLICT OF INTEREST/APPEARANCE OF FAIRNESS. Any member of the Board who has an interest or a potential conflict of interest related to any matter before the Board shall so publicly indicate, shall step down, and shall abstain from all proceedings, deliberations and voting on the matter. If of a minor nature, the member may step down and address the Board as any other citizen in accordance with the Appearance of Fairness Doctrine and State Law. MOTIONS AND VOTING. Motions shall be restated by the Chairperson before a vote is taken. In the event of a tie vote - the Board has not taken an action. Proxy votes of members shall not be allowed. Any action taken by a majority of those Board members present, when those present constitute a quorum, shall be deemed and taken as the action of the Board. AMENDMENTS. Any Board member may introduce a proposed amendment to the Bylaws at any regular meeting or any special meeting of which ten days advance notice has been given to members of the Board. The notice shall include: the text of the proposed amendment and a statement to its purpose and effect. Amendment must occur at a regular or special meeting by the affirmative vote of two thirds of the members of the Board. REFERENCES City of Pasco Ordinance RCW Chapter 42.30, Open Public Meetings, Act RCW Chapter 35.2 1.730 - 755 Public Corporations A'I"1'EST; Cite Clerk of the City of Pasco, Washington REFERENCE #2 Downtown Pasco Development Authority Operating Agreement 1. RECITALS 1.1 Pasco's Downtown Area ("The Downtown") is an important and significant resource to the City in terms of economics, history and corriniunity identity. 1.2 The Downtown was the community retail center until the 1960'x. As in many other conill}unities throughaut the region and nationally, that retail center declined in economic importance in the 1970's and the 1980's due to a variety of' issues including deceniralizaiion of population, emergence of new forms of retail including shopping malls, deferred maintenance in older properties, and lack of effective resources for coordinated initiatives for Downtown organization, design, promotion and ecollonlic restructuring, 1.3 The Pasco Downtown Development Association (PDDA) was initiated in 1984 and included efforts to form the Farmers Market, initiate the Fiery Food Festival, initiate and participate in the Main Street Program of Washington State, organize and implement the Specialty Kitchen operations and provide focused organizational and marketing efforts. 1.4 In the last decade, the Main Street Program has not been rcalithorized and rnembership in the PDDA has declined. 1.5 The City has provided the PDDA with no cost lease arrangerr,ents for properties that house the Farmers Market and the Specialty Kitchen as th,,se properties offer an opportunity to foster job creation, increase economic activity and promote recognition of the Downtown. 1.6 The City is interested in optimizing the use of its properties located Downtown in an effort to provide focused management in a manner that help; realize important City policies and purposes. 1.7 The City is also interested in actively encouraging maintenance, reinvestment and development of Downtown area properties by other property o'A-ners and by businesses, Public or non-profit organizations and residents as occUpailts. 1.8 The City has determined that the, creation of an independent legA entity to undertake specific projects is the best means to accomplish the City';: managen-ient and revitalization goals, including serving as a. recipient of public funds ft 7m City, state and federal sources loge;ther with private fiends for purposes as mutually determined by this entity and the City. 1.9 The purpose of this operating agreement is to allocate roles and responsibiiities between the City and the Downtown Pasco Development Authority for downtown area management, design, promotion, economic restructuring and related revitalization activities. Tile Authority shall update the operating agreement every two years cornrnancing at the two year anniversary of the Authority's first regular meeting. The operating agreement update shall be submitted to and nmst be approved by the City. 1.10 The boundaries of the PDA shall be as shown on map attached as "Exhibit 1" to this agreement. 2. DEFINITIONS As used here, the following capitalized terms have these meanings: "Authority" means the Downtown Pasco Development Authority (DPDA) "PI}DA" means the Pasco Downtown Development Association "Board" means the Board of Directors of the Pasco Development Authority "'City" means the City of Pasco "Downtown" or "Downtown Area" means the area of the business district and portions of the abutting neighborhoods outlined in the map attached as Exhibit 1. 3. THE PASCO DEVELOPMENT AUTHORITY RTE 3.1 Designation of the Authority. The City may designate the Authority to manage the Specialty Kitchen and the Farmer's Market located in the Downtown Area. The DPDA may eater into a lease agreement mutually acceptable to the .Authority and the City for such management services. If such an agreement is executed, the Authority shall seek to improve the performance of these City properties in respect to revenue generation, attendance, .job creation and economic productivity, The Authority may also be called upon by the City to support, undertake or participate in other projects identified by the City shat inay involve use of or assistance with non-City owned property in the Downtown Area, 3.2 Start up activities. Tile Authority will locus on the preparation and implementation of a multi-year strategic plan for management and revitalization of the Downtown Area. The strategic plan shall identify and prioritize specific management criteria, discuss public and private investment needs, including public infrastructure and other capital improvements supporting revitalization opportunities and describe marketing strategies and procedures for increasing private investment in the Downtown Area. The strategic plan will address the four points of the nationally recognized Amin Street program for organization, design, promotion and economic restructuring and will be reviewed with the Pasco City Council prior to Authority adoption. The strategic plan will be updated on it basis as rnutxrally agreed between the Authority and the City. 4. PASCO DEVELOPMENT AUTHORITY STAFFING AND ADMINISTRATION 4.1 Executive Director. The Board shall employ or contract for the services of an executive director to function as the chief executive officer to whorn any other staff and/or consultants will report. The executive director shall be responsible for serving as the principal spokesperson of the Authority unless otherwise determined by the Board. 4.2 Lnitial staffing and support. City staff will function as the initial Authority staff to support the Authority until it hires its own executive director. if mutually agreed, (as for provision of employee benefits), hiring ofan executive director and/or other staff as City personnel may also be considered, but with reporting of such personnel to the Board of the Authority . It is expected that the City may also provide financial and accounting services, or other professional support in a manner and under ternis agreeable to the City and the Authority . The City may also provide funds for initial operating expenses. 4.3 ALL h t tv Bitd , Consistent with the City's budgeting schedule and procedures, the DPDA will prepare and submit to the city manager a proposed annual budget. The budget will describe the planned work for the year consistent with the Authority strategic plan and management activities. In the context of the City's own annual budget process, the City will assess resources available to the Authority including revenues generated by properties it manages and revenues that may be derived from revitalization and promotional efforts. Authority accounting will he maintained as separate from other City- related programs and services. s. THE PASCO DEVELOPMENT AUTHORITY REVITALIZATION PLAN AND IMPLEMENTATION 5.1 Review of City plans arid policies. The Authority shall review existing 2nd evolving City land use and capital improvement plans and policies Affecting the Downtown Area, 5.2 Financiriy Strategy. In collaboration with City staff and/or other professionals, the Authority will develop a comprehensive inventory of public, non-profit and private capital and development financing tools and incentives that may be available to support its efforts, These should include tax credits or other incentives and identification of infrastructure and other public capital investments that may be necessary to support private redevelopment projects. The Authority shall coordinate with the City in establishing realistic costs for such projects and understanding how such projects may align with existing City infrastructure and capital improvement plans and priorities. 5.3 lVlarkctin The Authority shall develop a stratcoy to identify and promote the Downtown Area including the opportunities associated with the Farmer's Market and Specialty Kitchen. Such a marketing strategy shall include but not be limited to web based strategies, information and promotional brochures and videos aimed to encouragc participation by market and specialty kitchen users, vendors and customers. 5.4 Fs e 1=rovernent Program The Authority shall provide information, applications and prof6ssional assistance to Downtown Area property owners wishing to participate in an approved and funded Community Development Block Grant fagade program. 5.5 Business Meetings. The Authority shall conduct at least two business meetings each year for Downtown Area merchants and property owners. Additional meetings may be conducted as determined by the Board. Meetings of the DPDA and its Board will be conducted in a manner consistent with the State of Washington Open Public Meetings Act, Chapter 42.30 RCW. 5.6 Promotional Events. The Authority may conduct, contract for, or otherwise impienrent marketing, promotional or related special events that contribute to the Success of the Downtown Area or otherwise advance the goals of the City and the Authority . 6. PROP.H ItTY NIANAGEMENT 6.1 Relationship_with the City. The Authority may develop for City review and approval basic terms and conditions for management of City owned properties in the Downtown Area. Upon trtutual agreement of such terms and conditions, the Authority may retain reeds realized from management of such properties and may apply those toward its own operating expenses. 6.2 Tenanting. In developing, improving and/or operating City owned or other properties, the Authority shall seek to optimize the use and occupancy of such properties for which it has ownership or management responsibilities. The Authority shall seek uses that advance the public purpose in accordance with City plans and rogulations for the Downtown Area. 7, DPDA REPORTING REQUIREMENTS 7.1 Books and Records. Ott its own or as otherwise agreed with the City, the Authority shall keep current and complete books and records of aeCOUnt and shall keep minutes of the proceedings of its Board and its committees. 7.2 Meeting N tics, Notice of all meetings and rninutes ol'sueh meetings of the Board shall be given to the Cleric of the City of Pasco. 7.3 Annual Retort. The Authority is required to prepare all annual report which shall describe its activities for the prior year and its plans for the Current year with emphasis on the status of its responsibilities Under this agreement. 7.4 City Audits. The City may conduct performance and financial audits of the Authority . The Authority agrees to cooperate in such audits. 8. INDEMNITIES AND INSURANCE 8.1 Indemnities. The Authority elects to defend and indemnify its present and forrr►er officials and their successors, spouSCS and marital communities to the full extent authorized by law. In addition, the right of indemnification shall inure to each Board inumber or officer and his or' her spouses or marital communities upon his or her appointment to the Board and in the event of his or her death shall extend to his or bier heirs, legal representatives and estate. Each person who shall act as a Board member or officer of the Authority shall be deemed to do so in reliance upon such indemnification and such rights shall not be exclusive of any other right which lie or she may have. 8.2 Insurance. Tile Authority shall maintain in full force and effect public liability insurance in an amount sufficient to cover potential claims for- bodily injury, death or, disability, and for property damage, which may arise from or be related to projects and activities of the Authority, naming the City of Pasco as an additional insured. 9- DIsF:lWA'AND TERMINATION 9.1 Default. By its Charter, the Authority may not incur or create any liability that permits recourse by any party or member of the public to any assets, services, resources or credit of the City of Pasco. In the event of default by the Authority, the City is under no obligation to cure such default. At its discretion, the City reserves the right to address issues related to default by the Authority through its powers to audit, modify the Charter and bylaws, remove board rrie.n7bers, place the Authority into trusteeship, and/or terminate the Authority. 9.2 Termination. If the Pasco City Council makes an affirmative finding that temiination is warranted for any reason, the existence of the Authority may be terminated by ordinance of the City Council at or after a public hearing, held with notice to the Authority and affording it a reasonable opportunity to be heard and present testimony. 9.3 Statement of Dissolution. Upon enactment of an ordinance by the Pasco City Council for termination of the Authority or upon adoption of a resolution by the Authority for its own dissolution, the Authority shall file a dissolution statement setting forth: A. The name and principal office of the Authority; B. The debts, obligations and liabilities of the Authority; C. Any pending litigation or contingent liabilities; D. The board resolution providing for such dissolution and the date(s) and proceedings leading toward its adoption and whether the dissolution is voluntary; and E. A list of persons to be notified upon completion of dissolution. 9.4 Dissolution Acceptance. In the event that the Pasco City Council shall receive a Statement of Dissolution, the City Council shall review the statement filed and oversee the dissolution to protect the public interest, or if so authorized by law, authorize or initiate proceedings tin th superior court for the appointment and supervision of a receiver for such purposes. Upon satisfactory completion of dissolution proceedings, the City Council sha.11 indicate such dissolution by inscription of"Charter canceled"on the original Charter of the Authority, on file with the City Clerk and, when available, on the duplicate: original of the Authority, and the existence of the Authority shall cease. The City Clerk shall give notice thereof to the Secretary of State and other persons requested by the Authority in its dissolution statement. 9.5 Dissolution— Disposition of Assets. Upon dissolution of the Authority and the disposition of its affairs, title to all remaining property or assets of the Authority shall vest in the City of Pasco for use for public purposes. lit. COMPLIANCE WITH CHARTER & STATE STATUTE The Authority shall commence its existence on upon the issuance of the Charter. This Operating Agreement shall be governed in accordance with the Charter and applicable laws of the State of Washington. AGENDA REPORT FOR: City Council '� 7 December 2, 2010 TO: Gary Crutchfiel '' y Manager Workshop: 12/13/10 ff _•-' Regular Mtn;,: 12/20/10 PROM: Lynne Jackson, Human Resources Manager SUBJECT: 2011 Management Merit and Tcmporaryl4ea4ial Employee Wage Plan 1. RFFERENCE(S): 1. Proposed Ordinance amending Ordinance No, 3953 2. Proposed Ordinance adopting Temporary Employee Wage Plan 11. ACTION` REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/13: DISCUSSION 12/20: MOTION: I move to adopt Ordinance No. amending section 2 of Ordinance No. 3953, to continue the merit award system for calendar year 2011 and. further, authorize publication by summary only, '.MOTION: I move to adopt Ordinance No. , adopting the Temporary Employee Wage Plan for calendar year 2011 and, further, authorizc publication by summary only. 1I1. FISCAL IMPACT: Estimated fiscal impact of changes to the Temporary Employee Wage Plan less than $500 IV. HISTORY AND FACTS BRIEF: A) The 2011 budget anticipates no cost-of-living wage adjustment for non- represented personnel. Non-represented, non-management personnel are allowed step increases, within the salary range, conditioned on satisfactory performance. No revisions to the wage plan are necessary for authorized steps to continue in 2011. B) Management personnel are eligible for one time merit awards based on exceptional performance as specified by ordinance. An amendment to the ordinance authorizing the merit award system for 2010 will allow for continuation in 2011. C) Washington's minimum wade increases to $8.67 per hour as of January 1, 2011 (from $8.55, the 2010 state minimum wage). The proposed 2011 Temporary Employee Wage Plan adjusts wages for only the lowest two steps in Grade 03. The wage plan was last adjusted in 2009. V. DISCUSSION: A) Staff recommends Council approval of both ordinances. 8(b) ORDINANCE NO. AN ORDINANCE amending Section 2 of Ordinance No. 3953. WHEREAS, the City Council has determined to continue 2010 wage and salary schedules for 2011, with no change, for both non-represented and management employees, and WHEREAS, the management merit award program must be specifically authorized by the City Council each year, NOW THEREFORE, THE CITY COUNCIL OF THE CITE` OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 2 of Ordinance No. 3953 is amended to read as follows: A merit increase may be granted to a city employee, employed in one of the management level positions set forth in Exhibit "A", at the sole discretion of the City Manager and within the following guidelines; provided,however, the total of all merit increases for the year 2-4W 2011 does not exceed $45,000. (a) Any merit increase shall be based solely upon job performance demonstrating effort and achievement above and beyond that regularly expected of the position. (b) Any merit increase awarded shall be for a temporary period of time to be determined by the City Manager, provided any such merit increase shall expire not later than Dccerriber 3 1, 24W 2011. Section 2, All other provisions ofOrdinance No. 3953 shall remain as currently written. Section 3. This Ordinance shall take effect five days after passage and publication according to law. PASSED by the City Council of the City of Pasco at a regular meeting this 20"' day of December 2010. :Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM; Debbie Clark, City Clerk Leland B. Kerr, City Attorney ORDINANCE NO. AN ORDINANCE concerning wages for Temporary Non-',Management, Non-Represented Personnel for the Calendar Year 2011 . WHEREAS, the City Manager has recommended the wage scale for temporary positions be modified to include an adjustment for calendar year 2011 NOW, THEREFORE, T HE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The wage scale for those temporary positions specified in the attached Exhibit "A" and not represented by a certified bargaining unit, shall be as set forth in Exhibit "A" attached hereto, which Exhibit is incorporated by reference as if fully set forth herein. The City shall designate the appropriate hourly wage step in Exhibit "A" Jor each employee covered by this Ordinance, considering their time in the position for which they are employed, their current hourly wage, and the evaluation of their performance, Section 2. The step increases sct forth in Exhibit "A" are dependent upon a satisfactory work performance. Section 3. The wage scale set forth in Exhibit "A" shall be effective January 1, 2011 and remain in effect until this Ordinance is amended or superseded by subsequent.Ordinance. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. 'I his Ordinance shall take effect five days after passage and publication according to law, PASSED by the City Council of the City of Pasco at a regular meeting this 20th day of December, 2010. Matt Watkins, :Mayor - ATTEST: APPROVED AS TO FORM; Debbie Clark, City Clerk Leland B. Kerr, City Attorney Exhibit A Wage Scale for Temporary Employees - 2011 Position Grade 00 01 02 03 04 I season *2 seasons *3 seasons * 4 seasons Clerk/Cashier TP 03 8.67 8.79 8.90 9.07 9.25 Recreation Aide Department Aide Recreation Leader l Engineering Aide TP 04 8.72 8.89 9.07 9.25 9.43 Department Aide 2 Facility Supervisor 1 Lifeguard Recreation Leader 2 Instructor/Guard TP 05 9.11 9.37 9.64 9.92 10.22 Mechanic's Helper Professional Instructor TP 06 9.61 9.89 10.40 10.92 11.43 Mead Lifeguard Temporary Secretary Facility Supervisor 2 Program Manager Professional Instructor 2 TP 07 10.50 11.00 11.50 12.00 12.50 Facility Supendsor 3 (Pasco HS) Professional Intern Pool Manager TP 08 11.00 12.00 13.00 14.00 15.00 Professional Instructor 3 Lifetime Fitness Instructor TP 09 15.00 16.00 17.00 18.50 20.00 * Must complete term of employment to move to next step(i.e., not quit or have employment terminated except for end of work). AGENDA REPORT NO. 32 FOR: City Council December 15, 2010 TO: Gary Crutchfiej, Manager Ahmad Qayour +i, is Works Director FROM: Michael Mc',SCity Engineer Regular Mtg.: 12/2C?/10 SUBJECT: Award 2010 Sewer Replacement, Project #10-1-04 1. RE,FE 1. Vicinity Map 2, Bid Summary H. ACTION REQUESTED OF COUNCIL/STAFF RL,COMMENDATIONS: 12/20: MOTION: I move to award the low bid for the 2010 Sewer Replacement, Project #10-1-04, to include Alternates 1., 2 and 7, to Michels Corporation in the amount of $464,314.00, plus applicable sales tax, and further, authorize the Mayor to sign the contract docurnents. III. FISCAL IMPACT: Water/Sewer Fund IV. HISTORY AND FACTS BRIEF: A) On December 15, 2010, staff received four (4) bids for the 2010 Sewer Replacement, Project #10-1-04. The low bid, to include Alternates 1, 2 and 7, was received from Michels Corporation in the amount of $464,314.00, plus applicable sales tax, The second lowest bid was received from Repipe-California in the amount of $485,196.00, The Engineer's Estimate for the project is $515,000.00. V. DISCUSSION: A) This project involves the installation of approximately 14,000 linear feet of 8 inc11, 10 inch and 12 inch sanitary sewer pipe using heat or ultra violet light cured in place pipe (CIPP). Staff recommends award of the contract to Michels Corporation. 1o(a) cn �— co I (n I 2 TH A . lu — N m a D � J,jH AVZI F7 1 OTH AVE , rn D 4TF,I AVE I F- r D u m m D � �L �~ rn m rn � D �.� WE HE AVE EL YE �, City of Pasco2010 Sewer Replacement Project No. 10-1-04 December 15, 2010 BID SUMMARY Total 1. Michels Corporation $464,314.00 2. Repipe California $485,196.00 3. Planned & Engineered Construction $487.613.50 4. Insituform $579,315.00 Engineer's Estimate $515.000.00 AGENDA REPORT NO. 38 FOR: City Council December 15, 2010 TO: Gary Crutchfield, C Hager Ahmad Qayoulnl, 11ubli orks Director FROM: Michael MCS0, City Engineer Regular Mtg.: 12/20/10 SUBJECT: Award 2010 Miscellaneous Traffic Signal improvements, Project 410-4-01 1. REFERENCE(S): 1. Vicinity Map 2. Bid Summary II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDA'T'IONS: 12/20, ,MOTION: I move to award the low bid for the 2010 Miscellaneous Traffic Signal Improvements, Project 410-4-01 to Sierra Electric, Inc. in the amount of $142,215.00, to include Alternates 2 and 3, and further, authorize the Mayor to sign the contract d oc ttm ents. 111. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: A) On December 15, 2010, staff received one (1) bill for the 2010 Miscellaneous Traffic Signal Improvements, Project #10-4-01. The low bid was received from Sierra Electric, Inc. in the amount of$142,215.00, to include Alternates 2 and 3. The Engineer's Estimate for the project is $142,750.00. V. DISCUSSION: A) This project involves the update of several traffic signals in various locations throughout the city. Staff recommends award of the contract to Sierra Electric, Inc. 10(b) 2010 Miscellaneous Traffic Signal Improvements Project # 10 - 4 -01- - - C rL CHIAI ANA HICK SCHOOL , � - ARGENT 1- � r- L J I d UJVIY wE Err o ,L_ PAS CO HIMIA { ST A coz ARIA — effected Intersections ----- ___. __- ,A,.sT � T-, � Q' City of Pasco 2010 Miscellaneous Traffic Signal Improvements Project No. 10-4-01 December 15, 2010 BID SUMMARY Total 1. Sierra Electric, Inc. 5142,215.00 Engineer's Estimate $142,750.00 AGENDA REPORT NO. 12 FOR: City Council December 16, 2010 • TO: Gary Crutch fi )i. , lanager -- Ahmad QayJ�Ifqumc Works Director FROM: Jess Greenough, Field Divisions Managcr Regular Mtg.: 12/20/10 SUBJECT: Reject Bids for Desert Sunset Well House, Project No, 10-3-07 I. REFERENCE(S): 1. Bid Summary 2, Contractor List 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/20: MOTION: I move to reject the bids received for the Desert Sunset Well House, Project No, 10-3-07, and further, authorize staff to rebid the project. 111. FISCAL IMPACT: IJtility Fund 1V, MSTORY AND FACTS BRIEF: A) This project involves the new construction of a covered block building and installation of various appurtenances for noise control around the existing irrigation well in Casa Del Sol Park, 4802 Laredo Drive. B) On December 15, 2010 staff received eight (8) bids for Desert Sunset Well House, Project #10-3-07. The lowest bid was received from TruFrame, LLC in the amount of $62,500.00, plus applicable sales tax. The second lowest bid received was in the amount of $74,937.32, plus applicable sales tax. The Engineer's Estimate for the project is $97,000.00, plus applicable sales tax. C) There was one additional bid received from a prequalified contractor. Upon review of the bid package, it was revealed that the signature page from the Bid Proposal section was missing. The hid was not read aloud and was considered non-responsive. V. DISCUSSION: A) Bid Packages were opened and read aloud on Wednesday, December 15, 2010 at 10:00 AM. As a standard practice, following the bid opening the Subcontract Disclosure Forms were reviewed to determine if any of the Subcontractors listed were not currently prequalified with the City of Pasco. All of the eight (8) Contractors who submitted bid packages listed at least one Subcontractor who is not currently prequalified with the City of Pasco. B) PMC 14.10 requires that all contractors who perform infrastructure improvements be prequalified prior to submission of a bid package. Due to the submission of bid packages that contained subcontractors not currently prequalified with the City, staff feels all bids should rejected. Staff recommends rejection of all bids. Staff will rebid the project at a later date. 10(c) City of Pasco Desert Sunset Well House Project No. 10-3-07 December 15, 2010 BID SUMMARY Total Engineer's Estimate $97,000.00 1 . TruFrame, LLC $62,500.00 2. Booth & Sons Construction $74,937.32 3. Knerr Construction $80,148.55 4. Fowler General Construction $80,254.00 5. Allstar Construction Group $102,3 51.21 6. Apex Contracting & Paving $117,697.00 7. Ray Poland & Sons $153,769.50 8. Vincent Brothers $170,250.00 General Fowler Allstar Apex TruFrame Knerr General Construction Contracting & Ray Poland & Vincent LLC Booth & Sons Construction Construction Group Paving Sons Brothers Sub Contractor Pancho's Mahaffey& Padilla Summers Dale Thomas Brashear Heating & Sierra Electric Sons Masonry Rock Masonry Comm HVAC Allan Electric Electric Cooling Hendrickson Frontier Sierra Dale Thomas HVAC Dale Thomas Fence Dale Thomas Electrical Inc South Paw HVAC Allan Electric Sommers Padilla Sierra Electric Sierra Electric Sierra Electric Rock Masonry Masonry Royal Roofing SMK Bid Pre Tax $62,500.00 $74,937.32 $80,148.55 $80,254.00 $102,351.21 $117,697,00 $153,769.50 $170,250.00 Not on list of prequalified contractors AGENDA REPORT NO. 34 FOR; City Council December 7, 2010 1 TO: Gary Crutchfield • gager Ahmad Qayoumi, blic Works Director Al L FROM: Michael 11�IcS�t►� ity Engineer Regular Mtg,: 12/20/10 SUBJECT: Award 2010 WWTP Improvements— Concrete Wash Pad I. REFERENCE(S): I. Bid Summary II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 12/20: MOTION: I move to ratify the City Manager's award of the 2010 WWTP Improvements — Concrete Wash Pad project to C&E Trenching, LLC in the amount of $27,487.42, plus applicable sales tax. III. FISCAL IMPACT: Water/Sewer Fund IV. HISTORY AND FACTS BRIEF: A) On December 3, 2010, staff received four (4) bids for the 2010 WWTP Improvements — Concrete Wash Pad project. The low bid was received from C&E Trenching, LLC in the amount of $27,487.42. The second lowest bid was received from A&B Asphalt, Inc. in the amount of$27,774.35. The engineer's estimate is $30,000.00, V. DISCUSSION: A) This project involves th.c installation of a concrete wash pad, water service line, and sewer service line. Staff recommends award of the contract to C&E Trenching, LLC. 10(d) City of Pasco 2010 WWTP Improvements — Concrete Wash Pad December 3, 2010 BID SUMMARY Total 1. C&E Trenching, LLC $27,487.42 2. A&B Asphalt, Inc. $27,774.35 3. Premier Excavation $27,903.35 4. Apex Contracting $35,328.00 Engineer's Estimate $30,000.00