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2011.12.19 Council Meeting Packet
AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 P.M. December 19,2011 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance (b) Oath of Office: City Clerk to administer the Oath of Office to Councilmembers: Al Yenney (District 1); Saul Martinez (District 4); Rebecca Francik (District 5); Matt Watkins (At-Large, Position 6). 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 5,2011. (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 $1,895,863.86 ($245,206.09 in the form of Electronic Fund Transfer Nos. 8170, 8219, 8220, 8232, 8290 and 8365; and$1,650,657.77 in the form of Wire Transfer Nos. 1151, 1154 through 1155; and Claim Warrants numbered 185382 through 185622). 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$198,674.32 and, of that amount, authorize $130.237.85 be turned over for collection. *(c) Cancellation of Workshop Meeting. (NO WRITTEN MATERIAL ON AGENDA) To cancel the December 26, 2011 Workshop Meeting. *(d) Cancellation of Regular Meeting. (NO WRITTEN MATERIAL ON AGENDA) To cancel the January 2,2012 Regular Meeting. *(e) Schedule a Special Meeting.(NO WRITTEN MATERIAL ON AGENDA) To schedule a special meeting on January 9, 2012 to select Mayor and Mayor Pro-Tem through 2013. (f) Golf Course Management Agreement: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated December 6, 2011. 2. Management Agreement (Council packets only; copy available for public review in the A&CS office, the Pasco Library or on the city's webpage at litty://www.pasco- wa.gov/citycounciire sorts). 3. Examples of Incentives. To approve the Management Agreement with CourseCo Inc., for management of Sun Willows Golf Course and, further,authorize the City Manager to sign the Agreement. *(g) Final Plat(MF#FP2011-010) West Pasco Terrace Phase 3 (Olin Homes): 1. Agenda Report from David I.McDonald,City Planner dated December 13,2011. 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 http://www.Masco-wa.aovJcitv°c.quacilres>orts). To approve the Final Plat for West Pasco Terrace, Phase 3. Regular Meeting 2-- December 19,2011 (h) Downtown Pasco Development Authority Agreements: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated December 1, 2011. 2. Office Space Lease Agreement. 3. Commercial Kitchen Business Incubator Lease Agreement. 4. Farmers Market Lease Agreement. 5. Funding Agreement. To approve the lease agreement with the Downtown Pasco Development Authority for business office space located at 401 W. Lewis Street and, further, authorize the City Manager to sign the agreement. -AND- To approve the lease agreement with the Downtown Pasco Development Authority for operation of the Commercial Kitchen Business Incubator located at 110 South Fourth Avenue and, further, authorize the City Manager to sign the agreement. -AND- To approve the lease agreement with the Downtown Pasco Development Authority for operation of the Farmers Market located at S.4"'Avenue and W.Columbia Street and, further, anthorize the City Manager to sign the agreement. -AND- To approve the funding agreement with the Downtown Pasco Development Authority and, further, authorize the City Manager to sign the agreement. (i) Resolution No. 3361, a Resolution of the City of Pasco, Washington accepting and adopting the 2011 Franklin County Comprehensive Emergency Management Plan. 1. Agenda Report from Robert Gear,Fire Chief dated December 8, 2011. 2. Resolution. 3. Franklin County Comprehensive Emergency Management Plan (document is too large to be included with agenda report, and may be accessed on the Franklin County Emergency Management website at www.franklinem.oru). To approve Resolution No. 3361, adopting the 2011 updates to Franklin County Comprehensive Emergency Management Plan. (j) Resolution No. 3362, a Resolution of the City of Pasco, Washington accepting and adopting the Franklin County Hazard Mitigation Plan. 1. Agenda Report from Robert Gear, Fire Chief dated December 5, 2011. 2. Synopsis of Plan Revisions. 3. Resolution. 4. 2011 Franklin County Hazard Mitigation Plan (document is too large to be included with agenda report, and may be accessed on the Franklin County Emergency Management website at www.franklinem.org). To approve Resolution No_ 3362, adopting the 2011 update of the Franklin County Emergency Management Hazard Mitigation Plan. (RQ MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) Presentation of Proclamation for "Agriculture Week" January 2-6, 2012. Mayor Matt Watkins to present Proclamation to Pasco Chamber of Commerce President, Carrie Chambers and Executive Director, Colin Hastings. 5. VISITORS- OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES ANDIOR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through November 2011. (c) Regular Meeting 3 December 19, 2011 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Q*(a) Street Vacation (MF #VAC 2011-007) Portions of Bonneville Street, Clark Street and Main Avenue. 1. Agenda Report from David 1. McDonald, City Planner dated December 13,201 L 2. Overview Map. 3. Vicinity Map. 4. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating a portion of East Bonneville Street, East Clark Street and North Main Avenue. MOTION: Imaveto,adoptOr-dinanc:e , vacating a poiiion of Bonne,-iIle Strcut, a portion of Clark Strc:ct Find a poilion ofNoith Main Avenue and. further, authorize publication by tiunimary only. (b) 2011 Budget Supplement. 1. Agenda Report from Dunyele Mason,Finance Manager dated December 12, 2011. 2. Proposed Ordinance amending the 2011 Operating Budget. 3. Proposed Ordinance amending the 2011 Capital Improvements Projects Budget. 4. Proposed Resolution authorizing the Interfund Loans. 5. Memo from Finance Manager to City Manager. 6. Exhibit 1 —2011 Budget Supplement Worksheet. CONDUCT A PUBLIC HEARING Ordinance No. ,an Ordinance amending the 2011 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 adopt Ordinance . amending tho 2011 OOperrating Budget by providing, R r-evenlle supplcantc nt of 511,933,5 97 and an expenditure supplement da to in tltc aniount of S 14,680.287 and, further, to authorize publication by summary only. -AND- Ordinance No. an Ordinance relating to Supplemental Capital improvement Projects Budget for the Year 2611. MOTION: I move to adopt Ordinance , amending the '01 1 Capital Improvements Budget by providing an expenditure supplcirient lherelo in thr, ante unl of $3.833.076 anti, further, to twlanilze publication by summiy mily. -AND- Resolution No. , a Resolution authorizing interfund loans from the General Fund to other funds. MO'T'ION: 1 move to approve Resolution , authorizing temporary interfund loans from She General Fund to the C.ons(niction Fund. the Community Development Block Giant Fund (CDBG) and (fie Golf Course Futtd In the aninuiil of$1,3 13,495 an(I trocti the Blvd Maintenance Fund to the St°adiumdConyention Center Fund in the rntount of 5689,000 and from the Pernsion and to the LID Construction Fund in the amount of$89,351_ 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Tri-Cities Prep Street Agreements: 1. Agenda Report from Gary Crutchfield, City Manager December 16, 2011. 2. Vicinity Map. 3. Proposed Joint Development Agreement. 4. Proposed Latecomer Satisfaction Agreement- 5. Proposed Ordinance. MOTION- 1 niaavc to appr rvu ykic Joint !Dc.vulopnicnt AgrCc;incM betty n Tri-Cities Prep, Tapteal 11 LLC and the t_;ity for develop of a riew slrc:c:l c4onrpcurriiij Sl. T1101UN." Drik"L- anti Chapel IIill Blvd arid, further, authorize thce City Mamigerto sign the agreement- -AND- MOTION: I Twyve to approve (lie Lateuomer Satisfaction Agreement witli Aho Comv,.ruction l and, further, authorize the City Manager to sjUn iltie agrecnicill. -AND- Ordinance No. , an Ordinance of the City of Pasco, Washington Accepting a Donation of the Waiver of Latecomers Fee Valued at $ MOTION: I move ro adopt Ordinance No, accerling a dunartion by Aho C omstniction mid.. furlhLr. atflhonze publication by stunmary only. Regular Meeting 4 December 19, 201 l *(b) Resolution No. , a Resolution amending the 2012 Federal CDBG Allocations and Annual Work Plan. 1. Agenda Report from Angela Pitman, BIock Grant Administrator dated December 12,2011. 2. 2012 CDBG Fund Summary and Proposal Summary— December 15, 2011. 3, Reesolution Amending 2012 Allocations and Annual Work Plan, MOTION: I move- to gilwove Resolution No, amending tltc 2012 CDBG Allocations and Annual Work Plan. (c) Ordinance No. , an Ordinance of the City of Pasco, Washington, relating to City street improvements; ordering the improvement of South Cedar and South Hugo Avenues and East Alton Street to City street standards, all in accordance with Resolution No. 3348 of the City Council; establishing Local Improvement District No. 149, and ordering the carrying out of the proposed improvements; providing that payment for the improvements be made by special assessments upon the property in the District, payable by the mode of`payment by bonds": and providing for the issuance and sale of Local Improvement District warrants redeemable in cash or other short-term financing and Local Improvement District hoods. 1. Agenda Report from Rick White, Community & Economic Development Director dated December 14,2011. 2. Vicinity Map, 3, Proposed Ordinance. 4. Map of Proposed LID 149, LID 148 and LID 146, 5. Original Preliminary Assessment Roll, 6, Revised Assessments with Additional CDBG Funding. 7. Memorandum to the City Manager. Morno : 1 move to at opi Ordinance No. crcating LID 149 for the improvcnacnt of IIugo and the west side of Cedar AvenUCS and Alt+;n Strixi and. fin-Ibcr, ;authorize publication b-y s:umnlElry cmnly, (d) Code Amendment Rabbits and Hens in Residential Zones(MF #CA2011-005): 1. Agenda Report from Jeffrey Adams,Associate Planner dated December 15, 2011. 2. Proposed Ordinance. 3. Alternative Proposed Ordinance. 4. Staff memo to the Planning Commission dated 11/17111. 5, Planning Commission Minutes dated 10/20/11 and 11117%11. 6. Summary Table. MOTION FOR FINDINGS: I anove to adolx the Findings as contained in the staff w ino to the Planning 0inntiission dated November 17, 2011_ Ordinance No. , an Ordinance relating to zoning and amending PMC Title 25 dealing with rabbits and chicken hens in residential zoning districts. M 0T10 N FO ORDINANCE: I move to adopt Ordinance No. amending, PMC Chapters 25.20. 25.22{ 25.24, 25.26. 25.28, 25.311. 25.32, 25.34, 25.36 and 25,38 to allow for the keeping of rahhits and chicken hens in residential zones and, further, authorize publication by "Lein nary only. ALTERNATE ORDINANCE(rear yard only) Ordinance No. , an Ordinance relating to zoning and amending PMC Title 25 dealing with rabbits and chicken hens in residential zoning districts. MOTION FOR ALTERNATIVE ORDL LANCE: I move to adopt Alternative Ordinaiwe No. aiticniliC g PMC. Chaplcrs 25.20, 25,22, 25:24. 25620, 2529. 25.30. 25.32, 23,34, 25.16 and 25.38 to allow ibr the keeping of rabbits and chicken liens in residential zones and, further. a uthorl7e publication by sunmiary only. (e) 2012 Annual Operating and Capital Projects Budgets: 1. Agenda Report from Dunyele Mason,Finance Manager dated December 12; 2011. 2. Proposed 2012 Annual Operating Budget Ordinance, 3. Proposed 2012 Capital Projects Budget Ordinance. SECOND READING OF THE ORDINANCES Ordinance No. 4028, an Ordinance adopting the City of Pasco Operating Budget for the Year 2012. MOTION: I move to adopt Ordinance Igo, 4028, adopting the 2012 Annual Operating Budget and, further, to authorize publication by sLniimary Only. -AND- Ordinance No. 4029, an Ordinance adopting the City of Pasco Capital Projects Budget for the Year 2012. MOTION: I move to adopt Ordinance No- 41)29. adocipting the 2012 Capital Projects Budget and further, to authorize publicatioti by summary only. Regular Meeting 5 December 19, 2011 *(f) Ordinance No. , an Ordinance of the City of Pasco, amending Title 13 of the Pasco Municipal Code regarding irrigation water utility rules and regulations, 1. Agenda Report from Stan Strebel, Deputy City Manager dated December 13,2011. 2. Proposed Ordinance. 3. Memo on Residential Backflow Prevention Policy. MO'ITON: I1110VC tcti arlc,pt Ord iT1 aricu No. , regarding 11-rigatiOn water utility TL11CS atul 1 c02 1aticrr,w avid, furilicr, autlioriz,e publication by summary only. *(g) Ordinance No. , an Ordinance concerning wages for temporary non-management. non- represented personnel for the calendar year 2012. 1. Agenda Report from Lynne Jackson, Human Resources Manager dated December 13, 2011. 2. Ordinance. 3. Proposed Wage Plan. MOTION: I move to adopt Ordinancu No. , revising.the Temporary Employee Wage flan for oolendar year 201?and, further, authorizc;publication by summary only. 9. UNFINISHED BUSINESS: (a) Wastewater Treatment Plant Optimization Improvements Project,#C3-10-51-SWR: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated December 1,2011. 2. Bid Tab - Complete List. 3. Bid Tab- Final Selected Items. 4. Supplemental Qualifications Clarification &Engineer's Recommendation. 5. Consultant's Recommendation &Qualifications Detennination. (RC.) MOTION: 1 move w award the low bid For the Pasco Wastewater°l reatinent Plant Irnpro-",ements Froject, #t'r-10-51-SWR to Apollo. Inc„ in the akniount of S1,021,919.8S including .sa taX Noel, further, authorize the Mayor to sign the contract dGCLI Mcnts. 10. NEW BUSINESS: (a) Columbia Water Supply—Raw Water Intake Irrigation Pipeline: 1. Agenda Report from Ahmad Qayoumi,Public Works Director dated December 8, 2011. 2. Professional Services Agreement with Scope of Work. MOTION: I move to approve the Professional Services Agreement with Murray. Smilh.. and Associates. Inc., authorizing professional scar%,iucs with respect to the Columbia Water Supply — Raw Water Intake Irrigation Pipeline, not to exceed $609,814.00 and, further, authorize the Mayor to sign the agreement. (b) Process Water Treatment System Optimization: 1. Agenda Report from Gary Crutchfield, City Manager dated December 8,2011. 2. Professional Services Agreement. MOTION: 1 iYtove to approve the Profcs;,iunal Services :AVt cenietit with C:LS authorizing professional servi .cs With respect to the Comprehensive Seer Plan, not to exceed S31 8,600 arid. further, authorize the Mayor to sign the agreement. *(c) 4"'Avenue Corridor Project(South Segment)TIB Grant: 1. Agenda Report from Ahmad Qayoumi,Public Works Director dated December 13,2011. 2, Vicinity Map. 3. Letter of Grant Award from T1B. 4, TIB Fuel Tax Grant Distribution Agreement. MOTIOM I movc, to accept the grani offered by 1113 in thu amount of $700,000 for the 4", Avenue Corridor Improvements (South) Project and, further,. authorize the Mayor to sign the agreement. 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter Regular Meeting 6 December 19, 2011 REMINDERS: 1. 4:00 p.m., Monday, December 19, Ben-Franklin Transit Office — Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; SAUI,MARTINEZ, Alt.) 2. 6:00 p,ns., Monday, December 14, City Hall Conference Room #1 — LEOFF Disability Board Meeting, (MAYOR MATT WATKINS and CCIUNCILMEMBER REBECCA FRANCIK) 3. 4:00 Imn., Thursday, December 22, 7130 W, Grandridge Blvd — TRIDEC Beard Meeting, (COUNC;ILMEMBER MIKF.GARRISON,Rep.;TOM I.ARSEN,Alt.) 4. 12;00 p.m., Wednesday,January 4,2601 N. Capitol Avenue—Franklin County Mosquito Control District Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY,Alt.) 5. 5:30 p.m., Thursday, January 5, Parks & Rec. Classroom — Parks & Recreation Advisory Council Meeting, (COUNCILMEMBER SAUL.MARTINEZ,Rep.; MIKE GARRISON, Alt,) City Hail will be closed on .Nlondav,December 26, 2011 and Monday,January 2, 2012 The first City Council niceting of the New Year will be held Monday,January 9, 2012 —7:00 p.m. MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 5, 2011 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 Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief; Bob Gear, Fire Chief; Mike Pawlak, City Engineer 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 21, 2011. (b) Bills and Communications: To approve General Claims in the amount of$1,057,407.75 ($39,334.71 in the form of Electronic Fund Transfer Nos. 8072 and 8094; and $1,018,073.04 in the form of Wire Transfer Nos. 1141, 1142, 1146 through 1 148; and Claim Warrants numbered 185215 through 185381). To approve Payroll Claims in the amount of$2,002,245.74, Voucher Nos. 43543 through 43621 and 80090 through 80099; and EFT Deposit Nos. 30048206 through 30049764. (c) Federal Legislative Consulting Agreement: 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. (d) Tri-Cities Regional Public Facilities District. To appoint Councilmember Saul Martinez to a three-year term (to expire 1011/2014) on the Tri-Cities Regional Public Facilities District Board of Directors, replacing outgoing board member, John Merk. (e) Resolution No. 3357, a Resolution accepting work performed by GameTime for equipment and installation of the playground at Capital Park. To approve Resolution No. 3357, accepting the work performed by GameTime for equipment and installation of the playground at Capitol Park. (f) Resolution No. 3358, a Resolution accepting work performed by Michels Pipe Services under contract for the "A" Street Water Line Repair, Project No. M4-11- 60-WTR. To approve Resolution No. 3358, accepting the work performed by Michels Pipe Services, under contract for the "A" Street Water Line Repair. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 5, 201 1 REPORTS FROM COMMITTEES AND/OR OFFICERS. Ms. Francik reported on AWC legislative issues. Mr. Larsen reported on the Emergency Medical Services Board meeting. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Kurtzman Park Neighborhood Local Improvement District (LID) 149. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED LID. Ms. Lucatero, 502 S. Hugo Ave., is not in favor of the LID. Ms. Allen representing Ms. Jackson, 211 S. Hugo Ave., asked whether the City could require sidewalks after a resident has chosen not to participate in the LID. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST,MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Council and staff discussed the details of the proposed LID. MOTION: Ms. Francik moved to close the public hearing and table action on this item until the December 19, 2011 Council meeting. Mr, Martinez seconded. Motion carried unanimously. 2012 Annual Operating and Capital Projects Budgets, MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED BUDGETS, FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Council and staff discussed the proposed budgets. Ordinance No. 4028, an Ordinance adopting the City of Pasco Operating Budget for the Year 2012. MOTION: Ms. Francik moved for the first reading of Ordinance No. 4028, for consideration of the 2012 Annual Operating Budget. Mr. Garrison seconded. Motion carried 6 - 1. No — Hoffmann, Ordinance No. 4029, an Ordinance adopting the City of Pasco Capital Projects Budget for the Year 2012. MOTION: Ms. Francik moved for the first reading of Ordinance No. 4029, for consideration of the 2012 Capital Projects Budget, Mr. Garrison seconded. Motion carried 5 - 2. No— Hoffmann, Larsen, ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 4030, an Ordinance of the City of Pasco, amending Title 13 of the Pasco Municipal Code regarding water and irrigation water utility rules and regulations. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 5, 2011 MOTION: Ms. Francik moved to adopt Ordinance No. 4030, regarding water and irrigation water utility rules and regulations and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Resolution No. 3359, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a Union Gospel Mission men's center, community outreach facility, and related buildings and activities at 225 South 4th Avenue. Council and staff discussed the proposed special permit. MOTION: Ms. Francik moved to approve Resolution No. 3359, approving a Special Permit for the location of a Level Two Community Service Facility (Union Gospel Mission) in an 1-1 (Light Industrial) Zone at 225 South 4th Avenue. Mr. Hoffmann seconded. Motion carried unanimously. Resolution No. 3360, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a Youth Educational Center at 1202 West Lewis Street. MOTION: Ms. Francik moved to approve Resolution No. 3360, approving a Special Permit for the location of a Level One Community Service Facility (Power Zone) in a C- 3 (General Business)Zone at 1202 W. Lewis Street. Mr. Martinez seconded. Motion carried unanimously, NEW BUSINESS: Wastewater Treatment Plant Optimization Improvements Project,#C3-10-51- SWR: MOTION: Ms. Francik moved to award the low bid for the Pasco Wastewater Treatment Plant Improvements Project, #C3-10-51-SWR to Apollo, Inc., in the amount of $1,021,919.88, including sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded. MOTION: Ms. Francik moved to table this item until the December 19, 2011 Council meeting. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. Quad Cities Water Permit MOA: MOTION: Ms. Francik moved to approve the Quad-Cities Water Supply Memorandum of Agreement between the cities of Pasco, Kennewick, Richland and West Richland and the Washington State Department of Ecology and, further, authorize the Public Works Director to sign the agreement. Mr. Garrison seconded. Motion carried 6-1 . No— Larsen. Ecology Grant for Raw Water Intake and Irrigation Project: MOTION: Ms. Francik moved to accept the grant offered by Washington State Department of Ecology in the amount of$2,667,038.00 for the Columbia Water Supply— Raw Water Intake and Irrigation Project and, further, authorize the City Manager to sign the Interagency Agreement Contract. Mr. Garrison seconded, Motion carried unanimously_ WCIA Liability Coverage Deductible: Council and staff discussed the proposed deductible. MOTION: Ms. Francik moved to authorize staff to specify a $100,000 deductible with WCIA for the 2012 coverage year. Mr. Hoffmann seconded. Motion carried unanimously. 3 MINUTI S REGULAR MEETING PASCO CITY" COLTNICIL DECEMBER 5,?011 MISCELLANEOUS DISCUSSION: Mr. Yenney volunteered to participate in the Continuum of Care Task Force. CminciI And staff discussed securing a standby contractor for snow removal. Mr. Yenney inquired if any local contractors are qualified far micro surfacing projects. Mr. Qayoumi noted a Local Contractor's Forum is scheduled to discuss the City's pavement management program and will report back to Council. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:19 p.m. APPROVED- ATTEST: Matt Watkins, Mayor Debra L. Clark, City Cleric PASSFD and APPROVED this 19`h day of December, 2011. 4 CITY OF PASCO Council Meeting of: December 19, 2011 AccoLints Payable Approved The City Council City of Pasco,Franklin County,Washington We,the undersigned,do hereby certify under penally of perjury that the materials have been furnished,the services ren r the labor performed as described herein and that the claim is a just,due and unpaid (bi ion aq6inst the city and that we are authorized to authenticate and certify to said claim. r A�/ Gary Cr tc Ci a e Dunyele Maso Finance Services Manager We, t e undersigned ity Councilmembers of the City Council of the City of Pasco, Franklin County,Washington,do hereby certify on this 19th day of December, 2011 that the merchandise or services hereinafter specified have been received: Check Numbers and 185382- 185622 In The Amount Of: $1,650,657.77 Electronic Funds Transfers: 1151. 1154, 1155 In The Amount Of: $245,206.09 Electronic Funds Transfers: 8170.8219.8220 (Journal Entries) 8232,8290,8365 Combined total of $1,895,863.86 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND: Legislative 0.00 Judicial 13,844.25 Executive 2,418.36 Police 289,220.43 Fire 16,987.99 Administration&Community Services 88,187.80 Community Development 5,988.80 Engineering 3,085.32 Non-Departmental 66,911.38 Library 2,439.70 TOTAL GENERAL FUND: 489,084.03 STREET 297,329.98 ARTERIAL STREET 1,836.25 STREET OVERLAY 0.00 C. D. BLOCK GRANT 16,983.31 KING COMMUNITY CENTER 3,058.72 AMBULANCE SERVICE 15,094.74 CEMETERY 1,498.59 ATHLETIC PROGRAMS 2,919.59 GOLF COURSE 77,780.12 SENIOR CENTER OPERATING 6,989.13 MULTI MODAL FACILITY 2,427.47 RIVERSHORE TRAIL&MARINA MAIN 98.45 SPECIAL ASSESSMNT LODGING 0.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 1,622.04 TRAC DEVELOPMENT&OPERATING 0.00 PARKS 0.00 STADIUM]CONVENTION CENTER 46.52 GENERAL CAP PROJ CONSTRUCTION 196,460.63 WATER/SEWER 431,079.86 EQUIPMENT RENTAL• OPERATING GOVERNMENTAL 26,479.96 EQUIPMENT RENTAL-OPERATING BUSINESS 8,204.30 EQUIPMENT RENTAL-REPLACEMENT GOVERNMENTAL 0.00 EQUIPMENT RENTAL•REPLACEMENT BUSINESS 0.00 MEDICALIDENTAL INSURANCE 273,490.89 CENTRAL STORES 0.00 PAYROLL CLEARING 41,193.92 LID CONSTRUCTION 0.00 PUBLIC FACILITIES DIST 270.00 TRI CITY ANIMAL CONTROL 1,915.16 SENIOR CENTER ASSOCIATION 0.00 GRAND TOTAL ALL FUNDS: 5 1,895,863.86 3(b),1 AGENDA REPORT FOR: City Council DATE: December 14, 201 1 TO: Gary Crutchfie get iirector GULAR: December 19,2011 Rick Terway, ' t love&Community Servi FROM: Dunyele Mason,Financial Services Manager SUBJECT: BAD PEB_ T kjRIjE-OFF'SiCQLLECTIhT. L RFFFERENCE i, Write-off and collection lists are on file in the Finance Department. H. ACTION REQUESTED[]F CQUNCILIS AFF RECOMMENDATIONS: MOTION: 1 move to approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $198,674.32 and, of that amount, authorize$130,237.85 be turned over for collection. Ill. HISTORY AND EACT"S BRIEF: L UJILITY BIL,L1N0 - 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 collectior_ 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 ACCOuN-rS RECEIVABLE -These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. �E FN 19RC'EMENT -- !._LENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed SI0.00. 7. vj010ELLANEQf�S.- 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 2,378.93 2,378.93 Ambulance $ 67,386.47 16,596.92 83,983.39 Court A/R $ .00 106,791,00 106,791.00 Code Enforcement $ 1,050.00 3,971.00 5,021.00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 500.00 500.00 TOTAL: $ 68,436.47 130,237.85 198,674.32 1V. AQMIN15TR. T1VE ROUTING: cc: Dot French,Municipal Court Clerk 3(b),2 AGENDA REPORT FOR: City Council December 6, 2011 TO: Gary Crutch ty Manager Workshop Mtg.: 12/12/11 4 �- e Regular Mtg: 12/19/11 FROM: Rick Terway, rect[�r, Admin & Communit v SUBJECT: Golf Course Management Agreement I. REFERENCE(S): I. Management.Agreement(Council packets only;copy available for public review in the A&CS office, the Pasco Library or the city's webpage at htW://www.iias.co-w"oy/rii�councar ,rte). 2. Examples of incentives 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/12: Discussion 12/19: MOTION: I move to approve the Management Agreement with CourseCo Inc. for management of Sun Willows Golf Course and, further, authorize the City Manager to sign the Agreement. 111. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) On February 28, 2011 the city took possession of Sun Willows Golf course due to breach of contract by IRI Golf Group. On March 3, 2011, Council approved an Interim Management Agreement with CourseCo Inc. B) On June 13, 2011, Council directed staff to start the Request for Proposal process for long term management of the golf course. On August 18, 2011 a pre-submittal conference was held with 3 management firms in attendance. Ultimately, 2 firms submitted proposals and after review by the selection committee reference checks were made of both firms. CourseCo Inc. was selected and negotiations began. Golf course staff, city staff and golfers alike have been very satisfied with operations during the interim period. C) Negotiations are now complete and the management agreement is before you for consideration. V. DISCUSSION: A) Staff recommends approval of the Management Agreement with Course Co Inc. 3(f) Incentive Management Fee Scenarios T Base Revenue Possible Difference from Year Amount Revenue --Base Revenue Amount Due Golf Revenue 2012 $864,048.00 900,000.00' $35,952.00 $3,595.20 100/6 incentive 2013' 860,000.00, -$4,048.00i $0.00 1 2014 871,000.06 $6,952.001 $695.20 Merchandise Revenue 20121 $373,104.001 400,000.001 $26,896.001 $806.88 3% incentive 2013 1410,000.001 $36,896.001 $1,106.88 2014 360,000.00 -$13,104.001 $0.00 Food & Bev Revenue 20121 $246 358,00� 241,000.001 -$5,358,001 $0.00 7.5% incentive 2013, 253,000.001 $6,642.00 i $498.15 20141 250,000.001 $3,642.00: ^ $273.15 Total Incentive Golf revenue increase shown in 2012 of$35,652.00 of that the city retains$32,356.80 In each case the city retains a much greater share of the increased revenue. AGENDA RE'PORT FOR: City COMICll December 13, 2011 T(- Gary Crutchfi Manager Regular Mtg.: 12/19/11 Rick White, Community, & .cnnomic Development Directol,� FROM: David I. McDonald, City Planner SUBJECT: FILIAL PLAT (MF4 FP 2011-414): West Pasco Terrace Phase 3 (Olin Homes 1. IZEFERENCE(S): 1 . Overview Map 1 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:r!wuv,taasc V1f,'�,. OY'�CILVCUU[l'111'C DItS. II. ACTION REQUESTED OF COUNC)L. /STAFF RECOMMENDATIONS: 12119: MOTION: I move to approve the Final flat foi- West Pasco Terrace, Phase 3. III. FISCAL IMPACT: NONE I'V'. HISTORY AND FACTS BRIEF: A. City Council previously approved a preliminary plat for the West Pasco Terrace development. The developer is now seeking final plat approval for Phase 3. B. WLSt Pasco Terrace is a single-Carnily residential development located north of Three Rivers Drive and east of Road 60. V. DISCUSSION: ,4\, Prior to the approval of a final putt, the developer is to eidwr install all infrastructure or post a bond or ether instrument that sectues 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 ($53,169) to cover the costs of outstanding improvements. B, The final plat shows and contains information on primary control points, tract houndaries, dimensions, bearings, lot numbers and other necessary engineering dalta, In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. 3(g) Overview Item: Final Plat - West Pasco Terrace Map File - i 11 -010 !�r � . � '' '�. ;,�` � o-� : :� �► a ,�_ AI - _ + .� �" w fiiis ■ «: �a r, �.,. ��r tom! ■ as ■ irw +a w ffifw .'an swim +� r ■ 1�\� ■ ■■ +��f filf� till w w fs r.s cis gill. i�: i .` ,� '� ■ - ■wiw sfe '1113i•in ■ w�w sa re ♦aa stt- ■ � w� ■�. m ml Ij III till nILN Al :cis �".^. f .�-.�,!� 's , . � ��� �ti► �`r � to �L> .f•� 1.1 � �- J� �.'' 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'1t �R 5yy ee v ff �(O '�� t�f eA 1`w �.i .�� »�♦��1 �■trltiiMy�S�' .�'yMM `' -Sit 1l0 � YFL °ice v� �_•� opt 5� w:�t�tr*�=•rtta 'l;�f•�f�r� llRa. --- = r _ _._ .._ �4���+_.1a . r.�r\it C����.�R� �'T r ��1�b.,?��.ir�rr+rtxl�`:R�3•� :�'�G ��ld`.�i,""4.15��� Item: Plat West Pasco Terrace Vicinity Applicant: Olin ' Map i - 2 1 1 1 4i MY \; VIM% PW- INS FA IL ON \� \ 001 AGENDA REPORT FOR; City Council December 1, 2011 TO: Gary Crutchfihrect Manager Workshop Mtg.:12/12/11 Regular Mtg.: 12/19/11 FROM: Rick Terway, Admini strative & Co riity Services SUBJECT: Downtown Pasco Development Authority Agreements 1. REFERENCE(S): 1. Office Space Lease Agreement 2. Commercial Kitchen Business Incubator Lease Agreement 3. Farmers Market Lease Agreement 4. Funding Agreement 11. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 12/12: Discussion 12119: MOTION: I move to approve the lease agreement with the Downtown Pasco Development Authority for business office space located at 401 W. Lewis St. and further, authorize the City Manager to sign the agreement. MOTION: I move to approve the lease agreement with the Downtown Pasco Development Authority for operation of the Commercial Kitchen Business Incubator located at 110 South Fourth Avenue and further, authorize the City Manager to sign the agreement. MOTION: 1 move to approve the lease agreement with the Downtown Pasco Development Authority for operation of the Farmers Market located at S. 4`" Ave. and W. Columbia St. and further, authorize the City Manager to sign the agreement. MOTION: I move to approve the funding agreement with the Downtown Pasco Development Authority and further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: $60,000 annual expense (Industrial Development & Infrastructure Fund) IV. HISTORY AND FACTS BRIEF: A) In December 2010, The Downtown Pasco Development Authority (DPDA) was created to revitalize and promote downtown Pasco. The DPDA is becoming operational to assume the management of the Farmers Market, the Commercial Kitchen and lease business office space at the old Post Office building, formally occupied by the U.S. Geological Survey. B) Council also agreed to supplement the revitalization efforts of the DPDA with an annual amount of $60,000 for a three year period using the Industrial Development & Infrastructure Fund. V. DISCUSSION: A) These actions are general "housekeeping" items in moving the operation from the Pasco Downtown Development Association to the new authority. B) Staff recommends approval of the DPDA Farmers Market, Commercial Kitchen and Office Space lease agreements, and the DPDA funding agreement. 3(h) OFFICE SPACE LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this day of December, 2011, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City", and the Downtown Pasco Development Authority, a non-profit Washington Corporation, hereinafter referred to as "DPDA." IN CONSIDERATION of the mutual covenants contained herein and other valuable consideration, it is agreed as follows: 1. Premises. City does hereby lease to DPDA, upon the following terms and conditions those areas within that building designated as the "Old Pasco Post Office" located at 401 W. Lewis St. Pasco, more particularly described in Exhibit A attached hereto and incorporated herein by, consisting of approximately 1,200 square feet as designated on the drawing attached hereto and incorporated herein by this reference as Exhibit B, hereinafter referred to as the "Premises." 2. Term. The term of this Lease shall be for five (5) years commencing on the I" day of'January 2012, and ending on the 31" day of December 2016. The Parties may agree to extend the lease term for a maximum period of five (5) years by executing a written amendment hereto, and upon negotiation of a reasonable rent for the extended term. 3. Rent. DPDA shall pay to City a total annual rent of$6,000.00 per year. Rent is payable on or before the first day of January each and every year, in advance for that year's occupancy of the Premises. Rent for any period less than one (1) year shall be prorated based upon the number of days in said period. 4. Leasehold Excise Tax. DPDA shall pay any leasehold excise tax due pursuant to RCW 84.29A to the City on or before the first day of January during each year of this Agreement. If the State of Washington changes the leasehold excise tax or an additional tax is imposed on such leasehold, the tax payable by the DPDA shall be correspondingly changed. 5. Use. DDPA shall use the premises for the following purposes and no others without the prior written consent of the City: Business Office. No other uses, activities, or operations shall be conducted by the DPDA from the leased Premises without first obtaining the prior written consent of the City. DPDA shall maintain the Premises in clean and sanitary conditions, free of fire or other casualty hazards. The DPDA shall be solely responsible for the security, maintenance, and protection of its property stored at the Premises. 6. Insurance. DPDA shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the DPDA's operation and use of the Farmers Market. Insurance shall conform to the following: DPDA Lease Agreement- 1 A. Minimum Scope of Insurance DPDA shall obtain insurance of the types described below: I. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured- Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Property insurance shall be written on all risk basis. B. Minimum Amounts of Insurance DPDA shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occutTence, 52,000,000 general aggregate. 2. Property insurance shall be written covering the full value of DPDA's property and improvements with no coinsurance provisions. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: I. DPDA's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the DPDA's insurance and shall not contribute with it. 2. DPDA's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior wTitten notice by certified mail, return receipt requested, has been given to the City. D. Verification of Coverage DPDA shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement. E. Waiver of Subrogation DPDA and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. DPDA shall be solely responsible for the Ioss, damage, or casualty to its personal property located at the Premises, regardless of cause. DPDA is encouraged to secure "content's coverage" insurance for DPDA personal property. 7. Indemnify, and Hold Harmless. DPDA agrees to indemnify and hold the City harmless as provided herein to the maximum extent possible under the law. Accordingly, the DPDA agrees for itself, successors and assigns, to defend, indemnify and hold harmless the City, its appointed and elected officials, and employees from and against liability for all claims, damages, suits, and judgments including the cost of defense thereof, for injury to person, death, or property damage which is caused by, arises out of, or is incident to the DPDA's exercise of its rights and privileges as granted by this Agreement, except to the extent of the City's sole negligence. DPDA Lease Agreement - 2 S. Assignment or Sublet. DPDA shall not assign or transfer this Agreement or any interest therein, nor sublet the whole or any part of the Premises, not grant an option for assignment, transfer or sublease for the whole or any part of the Premises, nor shall this Agreement or any interest therein be assignable or transferable by operation of law, or by any process or proceeding of any Court or otherwise without the prior written consent of the City. 9. General Provisions. For the purpose of this Agreement, time is of the essence. In the event of a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs. 10. Entire Agreement. This Agreement contains the entire agreement between the parties, and no modification of this Agreement shall be binding upon the parties unless evidenced by an agreement in writing signed by the City and the DPDA after the date hereof. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first written above. CITY OF PASCO Gary Crutchfield, City Manager DOWNTOWN PASCO DEVELOPMENT AUTHORITY Michael Miller, President DPDA Lease Agreement -3 COMMERCIAL KITCHEN BUSINESS INCUBATOR LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this day of December, 2011, by and between the City of Pasco, Washington, a Municipal corporation, hereinafter referred to as "City", and the Downtown Pasco Development Authority, a non-profit Washington Corporation, hereinafter referred to as "DPDA". IN CONSIDERATION: of the mutual covenants contained herein and other valuable consideration, it is agreed as follows; 1. Premises City does herby lease to DPDA, upon the following terms and conditions, the building located at 110 South Fourth Avenue for a downtown commercial kitchen business incubator. 2. Term The term of the Lease shall be five (5) years commencing on the 1" day of January 2012, and ending on the 3151 day of December 2016, The Parties may agree to extend the lease term for a maximum period of five (5) years by executing a written amendment hereto. 3. Use DPDA shall use the premises for the following purposes and no others without the prior written consent of the City: Commercial Kitchen. No other uses, activities, or operations shall be conducted by the DPDA from the leased Premises without first obtaining the prior written consent of the City. DPDA shall maintain the Premises in clean and sanitary conditions, free of fire or other casualty hazards. The DPDA shall solely responsible for the security, maintenance, and protection of tis property stored at the Premises. The DPDA shall have the right to rent the facility, establish rental rates, purchase equipment, hire/dismiss staff and other actions necessary to operate the commercial kitchen business incubator in accordance with the purposes established by the Economic Development Administration, the North American Development Bank and Community Development Block Grant Program. 4. Indemnification/Hold Harmless DPDA shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of DPDA's use of Premises, or from the conduct of its business, or from any activity, work or thing done, permitted, or suffered by DPDA in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City. DPDA will require each and every user at the commercial kitchen business incubator to sign a Contract of Indemnity on the form set forth as Exhibit "A" hereto. Each user of the Commercial Kitchen Lease- 1 facility shall be required to sign a new agreement annually and the DPDA shall hold and maintain the agreement for a period of at least three (3) years from the date of signing. 5. Assignment or Sublet DPDA shall not assign or transfer this Agreement or any interest therein, nor sublet the whole or any part of the Premises, not grant an option for assignment, transfer or sublease for the whole or any part of the Premises, nor shall this Agreement or any interest therein be assignable or transferable by operation of law, or by any process or proceeding of any Court or otherwise without the prior written consent of the City. 6, Insurance DPDA shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the DPDA's operation and use of the Commercial Kitchen. Insurance shall conform to the following: A. Minimum Scope of Insurance DPDA shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured- Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Property insurance shall be written on all risk basis. B. Minimum Amounts of Insurance DPDA shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 2. Property insurance shall be written covering the full value of DPDA's property and improvements with no coinsurance provisions. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: I. DPDA's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the DPDA's insurance and shall not contribute with it, 2. DPDA's insurance shall he endorsed to state that coverage shall not he cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Verification of Coverage DPDA shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement. E. Waiver of Subrogation DPDA and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or Commercial Kitchen Lease-2 in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 7. Proi)erty Insurance City shall purchase and maintain during the term of the agreement all-risk property insurance covering the buildings for their full replacement value without any coinsurance provisions. S. Fees The DPDA shall establish appropriate fees and charges for the use of the commercial kitchen business incubator. The use of such funds collected shall be limited to payment of expenditures for staff salaries, advertising, promotion, insurance, utilities, maintenance, management, and other costs directly attributable to the operation of the Incubator. After the payment of expenditures, any excess funds shall be used for operating the DPDA. 9. Cleaning/Maintenance The DPDA shall be responsible, at its own cost and expense, for the routine cleaning, maintenance and upkeep of the commercial business incubator building, including supplies as required to operate the premises and minor, nonstructural, repairs, including plumbing (i.e., faucets, fixtures and exposed pipes and electrical (i.e., switches, outlets, fixtures, etc.) all in accordance with customary standards for similar facilities and prudent maintenance practices. In the event that the costs of maintenance or repairs exceed the revenues derived from the operation of the commercial kitchen the DPDA should seek alternative funds. If none are available the DPDA shall provide City with documentation of need and revenue shortage. 10. Funds On an annual basis, the DPDA shall apply for an allocation of CDBG funds in accordance with the established schedule and procedures. Any funds awarded shall be disbursed in accordance with the provisions of the CDBG Subrecipient Grant Agreement. 11. RuleslGuidelines The DPDA shall administer the commercial kitchen business incubator in accordance with the provisions of the grant agreements with the U.S. Economic Development Administration, North American Development Bank, and US Department of Housing & Urban Development. The DPDA shall file required job creation and other progress reports in a timely manner. The DPDA shall maintain written rules and guidelines for the commercial kitchen business incubator operation. The DPDA shall maintain adequate financial records and submit a written report to the City Manager by February 15'x' of each year. The records shall include the incubator's income, expenditures, users, and other market activities. Such records shall be kept for at least a period of three (3) years or longer at the direction of the City Manager. The DPDA shall comply with applicable federal, state, and local laws and regulations. Commercial Kitchen Lease -3 12. Anti-Discrimination No person shall, on the grounds of race, color, sex, religion or national origin, be excluded from participation in the commercial kitchen business incubator activities or be subject to discrimination. 13. Termination This Agreement shall continue until either party gives sixty (60) days written notice to the other party of its termination. The terms and conditions of this Agreement may be modified only in writing on the signature of both parties. 14. General Provisions For the purpose of this Agreement, time is of the essence. In the event of a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute, In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs. 15. Entire Agreement This Agreement contains the entire agreement between the parties, and no modification of this Agreement shall be binding upon the parties unless evidenced by an agreement in writing signed by the City and the DPDA after the date hereof. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this , day of , 2011. CITY OF PASCO DOWNTOWN PASCO DEVELOPMENT AUTHORITY Gary Crutchfield, City Manager Michael Miller, President Commercial Kitchen Lease -4 EXHIBIT "A" CONTRACT OF INDEMNITY FOR COMMERCIAL KITCHEN AGREEMENT made this day of , 20_, between , herein called `INDEMNITOR", and the Downtown Pasco Development Authority, a nonprofit Washington corporation, herein called 'INDEMNITEE", witnesseth: Whereas, the INDEMNITOR desires to lease kitchen space in accordance with the permitted uses of the Downtown Commercial Kitchen in the City of Pasco, Washington; and Whereas, the INDEMNITEE desires to encourage Commercial Kitchen activity and has an agreement with the City of Pasco to provide a Commercial Kitchen at 110 S. Fourth Ave. NOW,THEREFORE, in consideration of the above-stated premises, INDEMNITOR agrees that it will indemnify INDEMNITEE and the City of Pasco against, and save INDEMNITEE and the City of Pasco harmless from and against all claims, suits, damages, costs, losses and expenses in any manner, including but not limited to attorney's fees resulting from, arising out of, or connected with the INDEMNITOR'S use of kitchen space in accordance with those permitted uses of the Downtown Commercial Kitchen. THIS AGREEMENT shall be binding on and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. DATED this first date written above. INDEMNITOR: By DOWNTOWN PASCO DEVELOPMENT AUTHORITY, INDEMNITEE: By: Commercial Kitchen Lease- 5 FARMERS MARKET LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this day of December, 2011, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City", and the Downtown Pasco Development Authority, a non-profit Washington Corporation, hereinafter referred to as "DPDA," IN CONSIDERATION of the mutual covenants contained herein and other valuable consideration, it is agreed as follows; 1. Premises City does herby lease to DPDA, upon the following terms and conditions, the public parking lot at Fourth and Columbia Street, in the City of Pasco, as well as "Peanuts Park", a public plaza on the south side of Lewis Street (a diagram of said parking lot and plaza being attached hereto and marked Exhibit "A" and made a part hereof) for a Pasco Farmers Market. Pavilion/Parking Area will be used for public parking when not in use by Farmers Market or City. 2. Term The term of this Lease shall be five (5) years commencing on the I" day of January 2012, and ending on the 315L day of December 2016. The Parties may agree to extend the least term for a maximum period of five (5) years by executing a written amendment hereto. 3. Use DPDA shall use the premises for the following purposes and no others without the prior written consent of the City: Farmers Market. No other uses, activities, or operations shall be conducted by the DPDA from the leased Premises without first obtaining the prior written consent of the City. DPDA shall maintain the Premises in clean and sanitary conditions, free of fire or other casualty hazards. The DPDA shall solely responsible for the security, maintenance, and protection of its property stored at the Premises. 4. IndemnificationlHold Harmless DPDA shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of DPDA's use of Premises, or from the conduct of its business, or from any activity, work or thing done, permitted, or suffered by DPDA in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City. 5. Assignment or Sublet DPDA shall not assign or transfer this Agreement or any interest therein, nor sublet the whole or any part of the Premises, not grant an option for assignment, transfer or sublease for the whole or any part of the Premises, nor shall this Agreement or any interest therein be assignable or transferable by operation of law, or by any process or proceeding of any Court or otherwise without the prior written consent of the City. During periods of non- Farmers Mott Lease- 1 usage by DPDA the City may use the facility for other events or programs and will coordinate with DPDA as necessary. 6. Insurance DPDA shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the DPDA's operation and use of the Farmers Market. Insurance shall conform to the following: A. Minimum Scope of Insurance DPDA shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 O1 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured- Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Property insurance shall be written on all risk basis, B. Minimum Amounts of Insurance DPDA shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 2. Property insurance shall be written covering the full value of DPDA's property and improvements with no coinsurance provisions. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: I. DPDA's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the Citv shall be excess of the DPDA's insurance and shall not contribute with it. 2. DPDA's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Verification of Coverage DPDA shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement. E. Waiver of Subrogation DPDA and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance, 7. Property Insurance City shall purchase and maintain during the term of the agreement all-risk property insurance covering the buildings for their full replacement value without any coinsurance provisions. Farmers Mkt Lease-2 8. Vendor's Indemnity DPDA will require each and every vendor at the Pasco Farmers Market to sign a Contract of Indemnity on the form set forth as Exhibit "B" hereto. Each vendor shall be required to sign a new agreement annually and the DPDA shall hold and maintain the agreement for a period of at least three (3) years from the date of signing. DPDA shall also determine the type and amounts of insurance carried by each vendor. 9. Market Policies and Procedures DPDA shall maintain and enforce policies and procedures appropriate to the activities conducted at the Farmers Market and Peanuts Park 10. Peanuts Park The Peanuts Park area shall be made available for food concessions, artworks and crafts, and entertainment during the same days that the Farmers Market is in operation, or pursuant to special permit issued by the City. 11. Days of Operation Specific days of operation must be approved in advance by the City Manager or his designee and such approval shall not be unreasonably withheld. 12. Fees The vendor fees for the Market shall be set yearly by the DPDA and shall be uniformly applied for each vendor class. 13. Use of Fees Proceeds The use of all such fees collected shall be limited to payment of expenditures for advertising, promotion, management, and other costs attributable to the operation of the Market. After the payment of expenditures, any excess funds shall go to the DPDA for use on various projects to benefit the Pasco Farmers Market or operation of DPDA. 14. Cleaning The DPDA shall maintain the cleanliness of the Market area and Peanuts Park restroom facilities. Additionally, for each day that Farmers Market is conducted, DPDA shall be responsible to clean the parking lot and park of litter. DPDA shall place all trash, litter and debris in an appropriate container following each day of operation. 15. PDDA Maintenance/Storage The DPDA shall be responsible, from May through October at its own cost and expense, for the routine maintenance and upkeep of the market area and Peanuts Park (See attached map Exhibit A) and for providing adequate, portable restroom (ADA Accessible) facilities, including supplies as required for operating the premises. Routine maintenance shall be defined as litter control, cleaning hard surface areas, monitor area for potential hazards. DPDA is authorized to use the old restroom facility for storage of Farmers Market materials, and for no other purpose, without City's written permission. Farmers Mkt Lease-3 16. City Maintenance City shall, at its own cost and expense, maintain and repair all structural portions of the premises, including electrical and plumbing repairs that require alteration of structural portions of the premises, in a good and safe condition. Structural portions of the premises shall include without limitation, roof, exterior walls, structural members, and floors. City shall determine if portable restroom facilities are required for the months of November through April and shall provide such, if required. 17. Utilities DPDA shall pay for the electrical charges billed with meter #32286 (located on the building at the east end of the parking Iot) as well as for charges billed on the temporary service meter 427572, for its special events. City shall pay for all other electric meter charges. 18. Records The DPDA shall maintain adequate financial records and submit a written report to the City Manager at the conclusion of each Market season. The records shall include the Market's income, expenditures, vendors, and other market activities. Such records shall be kept for at least a period of six (6) years or longer at the direction of the City Manager. 19, General Provisions For the purpose of this Agreement, time is of the essence. In the event of a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs. 20. Anti-Discrimination No person or vendor shall, on the grounds of race, color, sex, religion, or national origin, be excluded from participation in the Farmers Market activities or be subject to unlawful discrimination by DPDA or its agents. 21. Termination Either party may terminate this Agreement upon the giving of sixty (60) days written notice to the other party. Farmers Mkt Lease-4 22. Entire Agreement This Agreement contains the entire agreement between the parties, and no modification of this Agreetnent shall be binding upon thy' parties unless evidenced by an agreement in writing signed by the City and the DPDA after the date hereof IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this , day of , 2011. CITY OF PASCO Gary Crutchfield, City Manager DOWT'TOWN PASCO OEVELOPMENT AUTHORITY Michael Miller, President Farmers Mkt Lease - 5 1 ' I Avg�:�,�E �• , tiplti�SUrJ(,��/y ,i•�S4iuJlir� 1.1 ���-.�, .y J ,-. ` • - 7 ` SLI Z , ;d'{d�lrn��,�f4��'s', �•�' � rlUrr�Nri��e}tip'' ! , � � � s I � rl I r� - A •''3r ''� C �",s,v r/irk i � I � � I I u�ri' �,•i o�rr ��r S r3iJ '.a L E^ , ;�. ♦� I . ,�.�cS _ .. ... —w�.isa_... - ...��-.��--; A r i `�, i�.� 'v� r `, •l. r.�+3. - _`b' .ter '1 'r � 1� w � I � � i '.�r Ifl, �* �1r\, �. ''r'_.'_'-n .•i' °�' ' a •— _� ._.. ^ti 1�I At a — ti EXHIBIT "B" CONTRACT OF INDEMNITY FOR FARMERS' MARKET PARTICIPANTS AGREEMENT made this day of _, 20—, between , herein called `INDEMNITOR", and the Downtown Pasco Development Authority, a nonprofit Washington corporation, herein called `INDEMNITEE", witnesseth: Whereas, the INDEMNITOR desires to sell commodities in accordance with those permitted in the Farmers Market Policies and Procedures in one or more farmers market type settings in the City of Pasco, Washington; and Whereas, the INDEMNITEE desires to encourage"Farmer's Market" activity and has an agreement with the City of Pasco to provide a "Farmers' Market" at Pasco's parking area south of Peanuts Park in downtown Pasco and at Peanuts Park; NOW, THEREFORE, in consideration of the above-stated premises, INDEMNITOR agrees that it will indemnify INDEMNITEE and the City of Pasco against, and save INDEMNITEE and the City ot'Pasco harmless from and against all claims, suits, damages, costs, losses and expenses in any manner, including but not limited to attorney's fees resulting from, arising out of, or connected with the INDF.MNITOR'S sale of commodities in accordance with those permitted in the Farmers Market Policies and Procedures in a "Farmers Market" in the parking lot adjacent "Peanuts Park" or in "Peanuts Park" in downtown Pasco. THIS AGREEMENT shall be binding on and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. DATED this first date written above. INDEMNITOR: By DOWNTOWN PASCO DEVELOPMENT AUTHORITY, INDEMNITEE: By: Farmers Mkt Lease-7 DOWNTOWN PASCO DEVELOPMENT AUTHORITY FUNDING AGREEMENT THIS AGREEMENT is made and entered into this day of December 2011, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City," and the Downtown Pasco Development Authority, a non-profit Washington Corporation, hereinafter referred to as "DPDA." WHEREAS, the City Council desires to foster revitalization of the downtown business area and created the Downtown Pasco Development Authority (DPDA) in December 2010 under Ordinance No. 3985, with the expectation of providing a three-year funding commitment to permit the new agency to establish operations and demonstrate its ability to fulfill the revitalization goals enunciated in Ordinance No. 3985 and the DPDA Charter; and WHEREAS, DPDA has spent calendar year 2011 to organize and has received a certificate of incorporation from the State of Washington as a non-profit corporation and expects to incur operational expenditures in calendar year 2012 as well as overseeing operation of the Pasco Farmers Market and Pasco Commercial Kitchen; NOW THEREFORE, IN CONSIDERATION of the mutual covenants contained herein and other valuable consideration, it is agreed as follows: Section 1: DPDA Responsibilities The DPDA shall organize and conduct its activities and efforts that further the purpose of the DPDA as identified in Pasco Ordinance 3985 and Article IV of its Charter to include but not be limited to: • Review of City._plans and policies. The DPDA shall review existing and evolving City Iand use and capital improvement plans and policies affecting the Downtown Area and advise the city of appropriate considerations. • Fa�:ade 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 facade program. • Promotional Events. The DPDA should conduct or implement promotional or special events that contribute to the success of the Downtown Area or otherwise advance the goals of the DPDA. • Financing Strategy, In collaboration with 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 may be available to foster and support its revitalization 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. • Marketina. The DPDA shall develop a strategy to identify and promote economic vitality of 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. DPDA Funding Agreement - 1 Farmer's Market and Pasco Specialty Kitchen, The DPDA shall optimize the opportunities associated with the Farmer's Market and Specialty Kitchen to increase economic activity and promote recognition of the Downtown. Operation of these facilities must be in accordance with the associated lease agreement. Reports: A formal presentation to the City Council by the DPDA board shall be given on or before March 1 each year. The DPDA shall deliver quarterly written status reports to the Pasco City Manager detailing the activities, accomplishments and financial status of the DPDA, Section 2: City Responsibilities The City of Pasco will remit to DPDA or its designated bank $5,000 by the i 01h day of each month. Section 3: Term This agreement shall be effective January 1, 2012 and shall expire on December 31, 2014; provided, however, either party may terminate the agreement with at least 180 days written notice delivered to the President of the DPDA or the Pasco City Manager, Section 4: General Provisions For the purpose of this Agreement, time is of the essence. Failure of the DPDA to either provide the accounting or remit disallowed funds as required herein shall constitute a breach of this agreement. The remedies available to the City- shall include but not be limited to, return of all funds delivered to the DPDA and denial of the right of the DPDA to apply for any future funding, In the event of a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this , day of 2011. CITY OF PASCO DOWNTOWN PASCO DEVELOPMENT AUTHORITY Gary Crutchfield, City Manager Michael Miller, President DPDA Funding Agreement - 2 AGENDA REPORT FOR: Cite Counci December 8, 2011 TO: Gary Crutch gI Cit`f Maaagcr Workshop Mtn,.: 12/12/11 Regular Mtg.: 12/19/11 FROM Robert Gear, Fir . ie SUBJECT: Franklin County Comprehensive Emergency Management Plan I. REFERENCES): I , Resolution 2. Franklin County Comprehensive Emergency Management flan (docurnent is too large to b�; included with agenda report, and may be accessed on the Franklin County Emergency Management website wwwj,rankline.n-1,or ) TI. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 12112: Discussion 12119: MOTION; 1 movo to approve Resolution No. 33W , adopting the 2011 Updates to Franklin County Comprehensive Emergency Management Plan. III. FISCAL IMPACT., None IV. HISTORY AND FACTS BRIEF: A) Franklin County Emergency Managernunt is require-d by federal and state law to have a "Comprehensive Emergency Management flan". This plan defines the methods, procedures and roles and responsibilities for participants in the event of disasters within Franklin County S) Periodically, Franklin County Emergency Management finds a need to update the plan. V. UI4(-1JS'jIONt A) The 2011 updates of the Franklin County Comprehensive Emergency Management Plan were minor "housekeeping' changes that did not affect participation or responsibilities to the City of Pasco. I3) Staff recommends that Council adapt the 2011 Franklin County Comprehensive Emergency Management Plan, 30) RESOLUTION NO. 33W A RESOLUTION OF THE CITY OF PASCO, WASHINGTON ACCEPTING AND ADOPTING THE 2011 FRANKLIN COL-.NTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN. WHEREAS, the City of Pasco is part of an interlocal agreement which establishes Franklin County Emergency Management governed by RCW 38.52.070; and WHEREAS, the Franklin County Comprehensive Emergency Management Plan establishes the framework for an effective system to mitigate emergencies and disasters within the County and its municipalities; and WHEREAS, the plan outlines the roles and responsibilities of the City of Pasco in the event of natural, manmade or technological emergencies or disasters; and WHEREAS, It is important that the city is able to assist its citizens in the event of emergencies or disasters; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PASCO, 1. Accepts and adopts the Franklin County Comprehensive Emergency Management Plan. 2. Will comply with the sections of the plan that addresses the responsibility of the City of Pasco for emergencies or disasters affecting the city. �. Recognizes that in the event of a major emergency or disaster outside assistance to the community may take up to 72 hours. The city will prepare itself to operate independently for up to 72 hours. 4. Will encourage the citizens of the City of Pasco to prepare themselves to survive up 72 hours without assistance of the City, County, State or Federal Government. PASSED by the City Council of the City of Pasco at its regular meeting this 19th day of December, 2011. Matt Watkins, Mayor ATTF,ST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Couny, Ducembcr 5, 2011 Tip: Gail, Crutc ie ty Manager 'Workshop Mtg,: 12/12/11 Regular Mtg,: 12/19/11 FROM Robert C.icar, �i 'h' f SUBJECT: 2011 Franklin County Hazard Mitigation flan Update I. RENERENC'EtS}: 1. Synopsis of Plan Revisions 7, Resolution 3. 2011 Franklin County Hazard Mitigation Plan (document is too large to be included with agenda report, and may be accessed on the Franklin County Emergency Management website www.franklinenz.or ) II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS. 12112: Discussion 12/19: MOTION: I Jnovc to approve Resolution No,5 , adopting, the 201 I Update oaf the Franklin County Emergency Management I hazard Mitigation PIan. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Hazard mitigation is any action taken to permanently eliminaw, or ruciucc the lc ns ! term risk to human life and property from natural or marunade disasters, Federal law requires the development and updating of hazard mitigation plans as a condition of eligibility for federal grant assistance. B) The Franklin County Ilazard Mitigation Plan was developed in 2004 jointly botween Franklin County Emergency Management and participating local government urgencies, V. DISCUSSION: A) The 2011 updates of the Ilazard Mitigation PIan are "ho use keeping" in nature and place no new requirements on the city. B) Actions required of the city are: I. Coordinating with Franklin County Emergency Management to update and maintain plan as needed. 2, Implementing Pasco specific portions of the. Plan would require applying; for hazard mitigation grant ffinding, Cy Staff recommends that Council adopt the 2011 Franklin County Ilazard Mitigation Plwi. �.J J A synapsis of the revisinns made to the various chapters of the plan is listed below; Chapter 1 • Updated names of the Steering Committee and Planning Conunittee members • RepIaced important dates and elements in the plan development process to reflect actions taken to update the 2004 HMP to the five year 2009 update, • Changed the plan evaluation and update schedule from 2005-2009 to meet a new schedule to update the plan through the years 2009-20I4. • Removed the special purpose districts Chapter 2 • Updated the Population section to show the forecasted population growth for the years 2010 through 2030. This was done using the Washington State Office of Financial Management, These numbers were also confirmed with Franklin County GIS. Chapter 3 • No changes to the Mitigation Goals and Objectives. • Incorporated Chapter Five Proposed Mitigation Initiatives of the 2004 HMP, with Chapter three. • There were only minor changes to some of the Proposed Mitigation Initiatives. For the most part the Initiatives remained the same due to lack of funding. Chapter 4 • Removed all Mitigation 20120 software data information. Chapter 5 • Due to incorporation to Chapter three of this plan Chapter five is no",the Appendices. Chapter b—Has been omitted from the plan. RESOLUTION NO. 3-NO-o)- A RESOLUTION OF THE CITY OF PASCO, WASHINGTON ACCEPTING AND ADOPTING THE FRANKLIN COUNTY HAZARD MITIGATION PLAN WHEREAS, the facilities, operations and personnel of the City of Pasco are vulnerable to the human and economic costs of natural, technological and societal disasters; and WHEREAS, the City of Pasco recognizes the importance of reducing or eliminating these vulnerabilities for the overall good and welfare of the community; and WHEREAS, the City of Pasco has been an active participant in the Franklin County Hazard Mitigation Task Force, which has established a comprehensive, coordinated planning process to eliminate or decrease these vulnerabilities; and WHEREAS, the City of Pasco's representatives and staff have identified,justified and prioritized a number of proposed projects and programs needed to mitigate the vulnerabilities of the City of Pasco to the impacts of future disasters, NOW,THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PASCO, I) The City of Pasco hereby accepts and approves of its designated portion of the Franklin County Hazard Mitigation Plan including any required changes by FEMA or State Emergency Management. 2) The City of Pasco hereby accepts, approves of and commits to participate and cooperate in the implementation of the county-wide mitigation initiatives. 3) The directors and staff of the City of Pasco are requested and instructed to pursue available funding opportunities for implementation of the proposals designated therein, 4) The City of Pasco will, upon securing such funding or other necessary resources seek to implement the proposals contained in its section of the strategy. 5) The City of Pasco will continue to participate and cooperate in the Hazard Mitigation Task Force to update and expand the Franklin County Hazard Mitigation Plan in the years ahead. 6) The City of Pasco will further encourage other businesses, industries and community groups within Pasco to also participate in the Hazard Mitigation Task Force to support the Franklin County Hazard Mitigation Plan in the years ahead, PASSED by the City Council of the City of Pasco at its regular meeting this 19'h day of December, 2011. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B, Kerr, City Attorney GENERAL FUND OPERATING STATEMENT THROUGH NOVEMBER 2011 CASH BASIS YTD 2011 % OF YTD TOTAL % OF 2011 ORIGINAL ANNUAL 2010 2010 TOTAL ACTUAL BUDGET BUDGET ACTUAL BUDGET ACTUAL REVENUE SOURCES; TAXES: PROPERTY 5,909,306 6,000,000 98,5% 5,790,285 5,850,000 99.0% SALES 8,128,544 8,225,000 98.8% 7,642,312 7,700,000 99.3% UTILITY 7,162,315 7,560,000 94.7% 7,153,067 7,615,000 93.9% OTHER 988,380 1,015,000 97.4% 972,618 1,015,000 95.8% LICENSES & PERMITS 1,531,013 1,052,650 145.4% 1,661,678 1,020,200 162.9% INTERGOV'T REVENUE 1,826,346 1,632,200 111.9% 1,646,744 1,710,017 96.3% CHARGES FOR SERVICES 3,238,802 3,007,750 107.7% 2,404,411 2,807,220 85.7% FINES & FORFEITS 828,290 971,600 85.3% 819,913 927,700 88.4% MISC. REVENUE 708,564 634,200 111.7% 584,615 734,700 79.6% OTHER FINANCING SOURCES 29,806 100,000 29.8% 419,535 472,790 88.7% TOTAL REVENUES 30,351,366 30,198,400 100.5% 29,095,178 29,852,627 97.5% BEGINNING FUND BALANCE 9,414,299 6,000,118 9,860,107 6,000,000 TOTAL SOURCES 39,765,665 36,198,518 109.9% 38,955,285 35,852,627 108.70/a EXPENDITURES: 1-Y COUNCIL 94,344 118,040 79.9% 105,642 116,525 90.7% MUNICIPAL COURT 1,118,069 1,275,150 87.7% 1,099,687 1,267,353 86.8% CITY MANAGER 814,336 915,410 89.0% 780,341 889,415 87.7% POLICE 9,564,824 11,284,368 84.8% 10,083,000 10,827,443 93.1% FIRE 3,687,975 4,193,418 87.9% 3,829,386 4,369,024 87.6% ADMIN & COMMUNITY SVCS 5,309,905 5,595,700 94.9% 4,961,266 5,409,423 91.7% COMMUNITY DEVELOPMENT 908,461 1,101,400 82.5% 932,655 1,035,931 90.0% ENGINEERING 1,164,755 1,193,280 97.6% 948,676 1,136,332 83.5% MISC. NON-DEPARTMENT 2,783,950 3,545,360 78.5% 3,272,624 4,330,406 75.6% LIBRARY 1,083,978 1,148,880 94.4% 1,118,262 1,300,875 86.0% TOTAL EXPENDITURES 26,530,597 30,371,006 87.4% 27,131,539 30,682,727 88.4% ENDING FUND BALANCE 13,235,068 5,827,512 11,823,746 6,000,000 TOTAL EXPEND& END FUND BAL 39,765,665 36,198,518 38,955,285 36,682,727 AVAILABLE CASH BALANCE 11,892,562 9,147,911 PERCENTAGE OF BUDGET ALLOCATED FOR 11 MONTHS 92% These statements are intended for Management use only. 6(b) AC EN DA REPORT FOR: City Council December 13, 2011 A) Gary Crut(:hlie Mori 12;cr Regular Mig., 12119/1 1 Ric1c While, Community & 1_ onomic Development Director Zv, FR.0 M: David I. McDonald, City Planner SUBJECT: STREET VACATION (MFR VAC 2011-007) Portions of'Bonneville St. Clark St and Main :%ve- 1. REFER.ENCE(S): 1, Overview Map 2. Vicinity Map 3. Proposed Ordinance H. ACTION REQUESTED OF COT NC:IL 1 STAFF RECONTMENDAT1ONS: Conduct Public Hearing: 12119: MOTION: I move to adopt Ordinance No. , an Ordinance vacating a portion of Bonneville Street, a portion of Clark Street and a portIoil of North Main Averwe acrd, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE W. HISTORY AND FACTS BRIEF: A, The property owner of all of Block 1 IS, Pasco I.and Company's First Addition, petitioned for vacation of the south 10 feet o[' Bonneville Strc.et, the north 10 feet of Clark Street and the east 10 feet of l\Iorth Main Avenue ,ibutting said Block. 'T'he Property Downer plans to make some improvements to the property which will c�veaItually include strcct improvearients. B. City CounciI set Decerber 19, 201 I cis the date to consider the vacation. V. DISCUSSION: v The proposed street vacation has been reviewed by the City Engineering Department and the utility providers, will t)c required On all vac:vtvd right-of-way for the benefit ul'existing, public uti[ities. 7(a) Overview Streets) Item: ROW Vacation Applicant: • q Map File #: VAC 2011 -00 . gel, - «• . — r ` 04 , sS ri Item: ROW Vacation C3 Streets) V'C'n'ty Applicant: Ricardo ' Map File . VAC 2011 -007 r Al •— �- . t •*, j,•... • 1�` +`' ► . tea".�' IN vie +� \ t WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF EAST BONNEVILLE STREET, EAST CLARK STREET AND NORTH MAIN AVENUE. 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 right-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the south 10 feet of East Bonneville Street from the west right-of-way line of Oregon Avenue to a point 10 feet west of the east right-of-way Iine of North Main Avenue and the north 10 feet of East Clark Street from the west right-of-way line of Oregon Avenue to a point 10 feet west of the east line of North Main Avenue and the east 10 feet of North Main Avenue from the south right-of-way Iine of East Bonneville Street as modified herein and the north right-of-way line of East Clark Street as modified herein Except that a 25 foot radius shall be retained at the southeast corner of East Bonneville Street and North Main Avenue, and a 25 foot radius at the northeast corner of North Main Avenue and East Clark Street and a 25 foot radius offset 10 feet to the east of the west right-of-way line of Oregon Avenue, at the northwest corner of Oregon Avenue and East Clark Street and a 25 foot radius offset to the east at the southwest corner of East Bonneville Street and Oregon Avenue, as depicted in Exhibit "1" be and the same are hereby vacated, subject to the easements retained in Section 2 below, Section 2. That the City shall retain a full I0 foot easement with respect to vacated East Bonneville Street, East Clark Street and vacated North Main Avenue described in Section I above, for the construction repair, and maintenance of public utilities and services. Section 3, That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by lativ. PASSEL] by the City Council of the City of Pasco, this 19th day of December, 2011. Matt Watkins M ayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr (:ity Clerk City Attorney t:ity of Pasco Vicinity Item: ROW Vacation (3 Streets) Applicant: Ricardo & Rosa Cantu x Map File #: VAC 2011 -007 � o a 2 Area 4► 7 ,.,.-, Vacated 2 w 70' 10' AGENDA REPORT FOR: City Council December 12, 2011 TO: Gary Crutchfi4- , - Manager Regular Nleeting. 12./19/11 Rick Terway, ative & Comi rvices Director FROM: Dunyele :Mason, Financial Services Manager SUBJECT: 2011 BUDGET SUPPLEMENT 1. REFERENCE(S): A) Proposed ordinance amending the 2011 Operating Budget B) Proposed ordinance amending the 2011 Capital Improvements Projects Budget C) Proposed resolution authorizing the Interfund Loans D) Memo from Financial Services Manager to City Manager E) Exhibit 1 -- 2011 Budget Supplement Worksheet II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12119: Conduct Public Hearing MOTION: 1 move to adopt Ordinance No. amending the 2011 Operating Budget by providing a Revenue Supplement of $11,933,597 and an Expenditure Supplement thereto in the amount of $14,680,287 and to authorize publication by su-mmary only. MOTION: I wove to adopt Ordinance No. amending the 2011 Capital Improvements Budget by providing an Expenditure Supplement thereto in the amount of $3,833,076 and to authorize the publication by summary only. MOTION: 1 move to approve Resolution No. , authorizing temporary inter- fund loans from the General Fund to the Construction Fund, the Community Development Block Grant Fund (CDBG) and the Golf Course Fund in the amount of $1,313,495 and from the Blvd Maintenance Fund to the Stadium/Convention Center Fund in the amount of$689,000 and from the Pension Fund to the LID Construction Fund in the amount of$89,351. Ill. FISCAL IMPACT: Per attached Exhibit 1 — 2011 Budget Supplement Summary 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 2011 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. The above referenced items have been updated since the December I2"' Council Workshop to include an increase to tlie General Fund revenues of $4,443,725 and an increase to General Fund expenditures of 54,655,000 due to the effects of refinancing the 2001 LTGO loan as well as the effect of changing the $185,000 transfer from the General Fund to the golf course to an interfund loan. 7(b) ORDINANCE NO. AN ORDINANCE AMENDING THE 2411 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. '+'HEREAS, staff has idcntified the necd to make certain revisions to the 2011 Amival Operating budget originally adopted through Ordinance No. 3945 on December 21. 2010, 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 PASC"O, WASHINGTON DO ORDAIN AS FOLLOWS- §1. Pursuant to RCW' 35A.33.120, the 2011 Operating Budget be and the same is hereby amended to provide for the following adjustments to revenue and expenditures, and by providing authority for any necessary transfer of money within or between funds indicated. FUND REV_ ENUES EXPENSES GENERAL FUND 4,968,225 7,131,875 STREET FUND 887,448 703,000 ARTERIAL STREET FUND - 257,448 1.182 TRAFFIC IMPACT FUND 134,983 COMMUNITY DEVELOPMENT GRANT FUND 1,463,615 1,286,062 AMBULANCE FUND 160,000 445,635 MARTIN LUTHER KING (10,000) - CEMETERY FUND 231 16,000 BLVD MAINTENANCE FUND - 60,000 GOLF COURSE FUND 1,414,660 1,219,030 SENIOR CENTER FUND 35,000 - MULTIMODAL FUND - 45,000 SPECIAL ASSESSMENT LODGING FUND 25,000 25,000 REVOLVING ABATEMENT FUND 8,000 31,735 TRAC DEVELOP & OPERATING FUND 190,000 210,500 PARK FUND 220,000 139,510 CAPITAL IMPROVEMENT FUND 100,000 - STADIUM/CONVENTION CENTER FUND 120,000 16,000 LID 144 DEBT SERVICE 104,000 104,000 LID 145 DEBTSERVICE 144,470 144,470 LID 146 DEBT SERVICE FUND - 35,323 GENERAL CONSTRUCTION FUND 1,092,978 320,000 UTILITY FUND - 214,931 EQUIPMENT MAINTENANCE FUND - Gov 30,000 30,000 EQUIPMENT MAINTENANCE FUND - Utility 75,000 75,000 EQUIPMENT REPLACEMENT FUND - Gov 170,500 414,114 EQUIPMENT REPLACEMENT FUND -Utility 431,945 245,000 MEDICAL/DENTAL FUND - 900,000 FIRE PENSION (OPEB) FUND 25,000 105,300 OLD FIRE PENSION - 89,351 LID CONSTRUCTION FUND 277,756 281,000 TOTAL CITY WIDE OPERATING BUDGET 11,933,597 14,680,287 The above items are shown as revenues and appropriations to specific budgets and items within budgets in the attachment marked "Exhibit 1 -2011 budget Supplement" the Expenditure/Revenue detail, which is incorporated herein as though fully set forth. The General fund is authorized to use amounts in addition to the above for the purpose of issuing duly authorized interfund loans for the purpose al'providing positive cash and fund balances as of 12/3 1111 for any and all other hinds. §2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shovm above and in the Exhibit and the proper City officials are hereby authorized and directed to issue warrants and transfer hinds 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 19th day of Decerrzber, 2011. 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 2011. WHEREAS, staff has identified the need to make certain revisions to the 1-011 Capital Improverricat budget originally ndoj)ted througli Ordinance No. .1946 on December 21, 2010, and WHEREAS during the year 2011 additional capital improvement expenditures became necessary 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 noc.essary and appropriated; NOW, THEREFORE, THE CITY COLNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS ]FOLLOWS: 51. The following capital improvement projects hereby authorized, budgets amended and projects closed as detailed Mow: Current Change In New Total Proi±ey-t. Description Authorit-t- Authority Authorij3, NEW 2011 PROJECTS Waldemar/HeleIla (I of:3 lots) - 17,500 17,500 Mialdemar/Helena(2 of lots) - 17,500 17,500 Waldemar/Helena(3 of 3 lots) - 17,500 17,500 NSP Project 0 1 - 66,000 66,000 (:l•3(: Main F;ntrr k Argcni Tra1>is Signal - 82,000 82,000 201 1 STP Grant Overlays - 8,500 8,500 Oregon Ave (SR397) - 10,000 10,000 Columbia Water Supply Project _ 5,()00 5,000 NW Common Lift Stations - 65,500 65,500 USB R Iz rig Connection - 18,000 18,000 Tntul blew 2011 Prujccls - 307,500 307,500 CONTINUING PROJECTS WITH 2011 INCREASES Linda Loviisa(Capitol) Part: 265,000 79,510 344,510 Lewis St Overpass 5,212,626 118,306 5,330,932 LID#148 Kurtzman Park Ph. II St. Imp - 732,707 732,707 West Side Water Treatment Plant 12,000,000 1,265,331 13,265.331 LID 4148 Kurtzman Park Ph. II Storm - 49,230 49,230 Continuing Projects with 2011 Increases 17,477,626 2,245,084 19,722,710 PROJECTS CLOSING 11� NI NSP 2103 N 19th Drive 76,896 56,278 133,174 NSP 404 N 19th Drive 83,889 77,383 161,272 NSP 2116 N l8th Avenue 111,699 39,449 151,148 HOME 120 N Owen Avenue - 99,367 99,367 HOME 533 S Owen - 233,303 233,303 HOME 524 S Waldemar Avenue - 134,699 134,699 Police Station 700,000 (700,000) - Road 54 (Erwen Property) Improve 30,000 (30,000) - Soccer Facility 200,000 (200,000) - Road 100 & I-182 Ramps 2,000,000 (1,893,260) 106,740 LID4146 Kurtzman Park St. Imp 443,979 - 443,979 Road 68 Improvements (Phase I) 300,000 88,482 388,482 20th Ave Gateway 130,000 44,447 174,447 Harris Road Realignment 250,000 (250,000) - 3rd and Pearl(and Jan) - 91,989 91,989 Com'1/Sr12/Lew1s St Water Line 600,000 (600,000) - 2011 Misc Wtr Line Impr(Rd 60-62&Sylvester) - 91,102 91,102 2011 Filtrat Plant improv ('VFD Pumps) X0,000 (49,110;) 860 Corr'l A v c Water line Extension (,WM,3,1} 500,00() 130,923 630,923 Com`1 Ave Water Line Extension (Phase 11) 275,791 20,231 296,022 2011 Meter Replace & Crass Connect 150,000 - 1 50,000 201 1 Wtr Line Ext 150,000 - 150,000 2009 Sewer Replacement(Older district) 336,336 578 337,014 2 1710 Sewer Line Ext (Kurtrrnan ? 281,961 102,561 354,527 2010 Sewer Replacement 500,000 49,600 569,600 2011 Sewer Line. Ext -Road 100 500,000 (500,000) - Com' l Ave Sewer Line Ext & Funip St 500,000 (105,100) 394,900 PWRF Irrigation Upgrade 110,000 - 110,000 2011 Drywell Retrofit 50,000 (5,062) 44,938 Total Projects Closing in 201 t 8,3: 0,551 (3,(352,070) 5,278,481 otal Increases Total Decreases $3.833,076 $('4.332.562) §2. This Ordinance shall take effect five (5) days after passage and pUblication. Adopted by the City Council of the Miry of Pasco, on this 19th day of December, 2011. City of P'.sen.. Matt Watkins, Mayer Attest. Approved As To Form: Debra Clark, City Clerk Leland S. Kerr, City Attorney RESOLUTION NO. A RESOLUTION AUTHORIZING INTERFUND LOANS FROM THE GENERAL FUND TO OTHER FUNDS. 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 Construction Fund,the CDBG Fund and the Golf Course Fund, and from the Blvd Maintenance Fund to the Stadium/Convention Center Fund, and from the Pension fund to the LID Construction Fund and to provide for the repayment thereof, and NOW, THEREFORE, THE CITY OF PASCO, WASHINGTON HEREBY RESOLVES AS FOLLOWS: 1. Authorization for loans. The Financial Services Manager of the City of Pasco is hereby authorized and directed to make the following Ioans from the City of Pasco funds as follows: (A)From the General fund to the Construction fund to provide temporary financing for LID 148 construction in the amount of$380,000; (B)From the Blvd Maintenance fund to the Stadium/Convention Center fund to provide adequate resources for working capital and to pre-pay certain external debt obligations in the amount of$689,000; (C)From the Old Fire Pension Fund to the LID Construction fund in the amount of $89,351 to repay the construction and provide permanent financing for the LID]46 participants. (D)From the General fund to the CDBG fund in the amount of$750,000 to ensure positive fund balance as of 12/31/11. (E)From the General fund to the Golf Course fund in the amount of$185,000 to ensure positive fund balance as of 12/31111. 2. Terms and Memo rialization. The effective dates of the loans shall be as listed below. This resolution shall constitute memorialization of these loans and their terms. (A) Disbursement is authorized in portions or in lump sum and shall bear zero percent (0%) interest and is due for repayment when permanent financing is secured after the end of construction. Disbursement is authorized retroactively to the first day of construction spending. (B)Disbursement is authorized with $60,000 to be disbursed 12/2011 1 and S629,000 to be disbursed 4/1/12; the interest rate is set at 3% and the loan is due 4/1/2019 with fixed annual payments starting 4/1/2013 and an interest only payment due 411/201$. (C)Disbursement is authorized as of 5/2/11; the interest rate set at 4.1% with a due date of 5/2/21. Payments are due annually and are set at an amount equal to cash collected from LID participants as of April 30a'of each year. (D)Disbursement is authorized as of 12/31/11 and repayment is due as of 1/1/2012. The interest rate is zero percent (0%). (E) Disbursement is authorized as of 17131111; the interest rate set at 0% with a due date of 6/30/2012. PASSED by the City Council of the City of Pasco, Washington, this 19th day of December 2011. SIGNED in authentication of its passage this 19*' dad z)f December, 2011. Matt 'Fatkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attomey 2011 Operating & Capital Budget Supplement Memorandum Date: December 8, 2011 To: Gary Crutchfield, City Manager Rick Terway, Administrative & Community Services Director From: Dunyele Mason, Financial Services Manager Subject; 2011 OPERATING AND CAPITAL IMPROVEMENTS PROJECTS BUDGET SUPPLEMENT As is traditionally the case, a budget supplement is required to increase the legal spending authority for those items unanticipated or indeterminable at the time the 2011 Annual Operating and Capital Improvements Projects Budgets were adopted. 2011 OPERATING BUDGET SUPPLEMENT Resources for the 2011 Operating Budget Supplement will be unanticipated revenue, contributions from active funds, and beginning fund balance. The budget supplement ordinance will only list those funds that will actually increase revenue and/or expenditure amounts. GENERAL FUND The following departments require additional authority to cover unanticipated expenditures. Please refer to the attached Exhibit to see the line items affected. The Exhibit is broken into three sections. Section 1 shows the changes relating to operating costs; Section 2 shows the changes in the interfund loans and transfers and Section 3 shows the changes in the Capital Improvement Plan (CIP) project budgets. 1. The Municipal Court Department requires a supplement of $38,000, Increases in the Municipal Court Division are $10,000 for Interpreters and $10,000 for Judge Pro-Tem and $18,000 for increases in the interfund insurance premiums (which had a premium increase July 2011). 2. The Police Department requires a supplement of$50,000 to cover the cost of the care and custody of prisoners. 3. The Fire Department requires a $126,575 increase in expense authority which is partially offset by $14,000 of new revenues from Rescue Team Services and a grant of $76,000 (for Wildland firefighting equipment and clothing). Most of the supplement is due to the $95,000 expense related to a new Wildland firefighting grant. 527,440 is related to increase fuel and equipment maintenance charges and the remaining $7,000 due to an increase in Other Agency Services. 4. The Administrative & Community Services Department requires a supplement of $186,200. $124,000 is for outside legal services. The estimated 2011 legal activity is expected to be slightly higher than prior year. Other increases include $11,300 for additional funding not available in the replacement fund to pay the full cost of a vehicle purchased for recreation; $25,000 for part-time wages at Memorial Pool; $8,000 in part-time wages for an additional Park Ranger; $5,000 to 1 2011 Operating & Capital Budget Supplement Memorandum address the Chiawana Park path improvement and $12,900 for additional funding not available in the replacement fund to pay the full cost of a vehicle purchased for facilities. 5. The Engineering Department requires a supplement of 5163,500. This increase is due to the reorganization of the Engineering Department that moved Engineering personnel costs from the utilities to the general fund. This allows the engineering costs to be more accurately charged to the variety of projects and funds that receive these engineering services. Interfund Engineering Services revenues to the general fund have increased accordingly. 6. Electrical and lighting repairs were done at the Library partialIy funded by a grant, Additional budget of$42,000 is needed to cover costs not funded by the grant. 7, The Non-Departmental increase found in Section 1 of the attached Exhibit for the General Fund reflects the $25,000 contribution for Pasco's share of the Regional Public Facility District. Section 2 of the Exhibit shows an additional increase of $2,009,100 which is for interfund loans ($1.128,495), transfers ($790,615) to subsidize other funds' operations as well as $89,990 for additional current year construction. The total amount of the 2011 General Fund's supplemental budget expenditure increases is $2,434,875 (for operating costs of $425,775 and for interfund loans & transfers of $2,009,100. These expenditure increases are funded by additional operating revenues of$253,500, transfers in of$271,000 and fund balance of$1,160,375. OTHER OPERATING FUNDS CITY STREET FUND The City Street Fund requires $828,390 in additional spending authority for various Street Fund items. Two grants totaling $320,000 increase the revenues for this fund as well as additional expenditures (to spend the grant money). Undercoating Lewis St underpass is $29,000, other supplies of $20,000, adjustments for the administrative chargeback methodology change is $7,000, medical dental premium increases of$15,000 and Engineering Services (which were previously included as part of the General Fund) are estimated at $280,000. Overall total expenditure increase for this fund is $703,000 which is funded $320,000 from grant revenues and $383,000 from transfers in. The remaining transfer in is used to restore fund balance. ARTERIAL STREET FUND The Arterial Street Fund requires $30,000 in additional spending authority to fund production of the conceptual design for Oregon Ave upgrades and $227,448 for transfers in support of miscellaneous street projects. The total supplemental budget is $257,448 and is funded through use of fund balance. I-182 TRAFFIC IMPACT FUND This fund is transferring $134,983 to new construction projects. One project is for a new light on Argent and Columbia Basin College is participating in this project. The other is to provide funding for Road 68 Phase 1 improvements. These (transfer) expenditures will utilize existing fund balance. 2 2011 Operating & Capital Budget Supplement Memorandum COMMUNITY DEVELOPMENT BLOCK GRANT FUND The Community Development Block Grant Fund requires a $750,000 interfund loan in order for the fund to have positive cash balance at year end. The loan will be repaid in January. $1,286,082 is needed to provide expenditure budget authority for 2011 activities of which $671,000 is to be funded through grant revenues, 542,615 through general fund transfers for code enforcement services, $750,000 through an overnight loan and $177,533 through the use of fund balance. AMBULANCE FUND A total expenditure budget increase of $445,635 is needed for the ambulance fund. $175,000 is a bookkeeping change pursuant to auditor recommendation which changes the recording of bad debt write-offs to be classified as an expense rather than as a reduction in revenues. One position was moved to this fund to more accurately reflect then number of ambulance personnel adding $69,000. Increased call volume has pushed up overtime by $46,000 and medical supplies by $11,000. The July medical/dental premium increase added $31,120. An additional amount of $113,515 was needed to supplement the equipment replacement reserve contributions to fund the purchase an ambulance chassis, defibrillators and MDTs. MLK FUND Funding allocation for various city services changed with the adoption of the 2011 CDBG spending plan. 510,000 of funding previously budgeted was allocated in this spending plan to other city programs for 2011. CEMETERY FUND The cemetm requires an additional $16,000 to cover salary and wage costs which will be funded through use of fund balance. BOULEVARD MAINTENANCE FUND This fund will provide funding to the StadiumJConvention center fund via an interfund loan which will be disbursed in two parts. The first part equaling $60,000 provides adequate working capital and positive cash balances at year end. The second part is to provide funding for the Stadium/Convention center to pay-off of its external loan April 1, 2012 and pay also for repaving of the parking lot. This loan will be repaid with interest over seven years. These terms are beneficial to both funds by providing higher interest earnings for the Boulevard Maintenance fund and low cost financing for the Stadium/Convention Center fund. GOLF COURSE FUND This is a new fund created in 2011 due to the termination of the land lease in February 2011 being replaced by a management operating agreement. All the revenues and expenses of the golf course now run through this fund. Accordingly $1,219,030 of expenditures are budgeted which are funded by $1,221,660 of revenues with the remaining $2,630 to create a fluid balance. 3 2011 Operating & Capital Budget Supplement Memorandum SENIOR CENTER FUND This fund received $25,000 from the General Fund to refinish the floor at the Sr. Center and received an increase in funding support of$10,000 from the CDBG grant program. MULTIMODAL FUND The door replacement for this facility was approved and planned for installation in 2010 but due to weather conditions the contractor was not able to obtain and install the replacement until 2011, $45,000 of budget authority therefore needs to be added to 2011 and will be funded by use of existing fund balance. SPECIAL ASSESSMENT LODGING FUND This fund serves as a "pass through" for the "TPA: fee imposed by hotels for increased visitor traffic. Revenues for the year are expected to be higher than original estimates by $25,000. Thus both revenues and expenditure budgets are increased by this amount with no expected changed in fund balance. REVOLVING ABATEMENT FUND This fund has a total of$31,735 of additional expenditures. $8,000 is a bookkeeping change pursuant to auditor recommendation which changes the recording of bad debt write-offs to be classified as an expense rather than as a reduction in revenues; the additional cost of recording liens and other payments to the Franklin County Auditor's office is $8,500 and this fund's purchase of a trailer and generator increased the budget by $15,235. These increases will be funded through an estimated increase in revenues of$8,000 and use of$7,235 of fund balance. TRAC DEVELOPMENT AND OPERATING FUND An additional $210,500 in spending authority is needed this year to cover necessary subsidy payments to TRAC including Pasco's share of any operating losses. This higher amount includes three components: 1) $59,787 in payments in April of this year for settlement of final 2009 operating losses; 2) 547,920 in additional subsidy payments for 2010 operating losses, and 3) $102,793 in higher-than-budgeted monthly subsidy and to provide for a positive ending fund balance for 2011. A final settlement for 2011 operating losses will occur in February or March of 2012; however, the exact amount is not yet known. $190,000 of the expenditures will be funded through a transfer from the General Fund and the remaining $20,500 through the use of fund balance. PARK FUND This fund provides resources for various park projects. Once projects start other funding sources (e.g. grants) may come available. When projects are finished under budget then additional funds are available to return to this fund from the construction fund. $139,510 is disbursed to new projects and $220,000 is being returned from other projects which are closing. 4 2011 Operating & Capital Budget Supplement Memorandum CAPITAL IMPROVEMENT FUND This fiend provides resources for various capital projects. Once projects start other funding sources (e.g. grants) may come available. When projects are finished under budget then additional funds are available to return to this fund from the construction fund. A change in funding sources for Linda Loviisa Park has allowed the return of$100,000 to the capital improvement fund. STADIUM/CONVENTION CENTER FUND An amount of$16,000 is needed to pay for the amount of the Tri-City Visitors Bureau in excess of the original budget. This along with $44,000 to provide for a positive cash balance in the fund at year-end will be funded through an interfund loan from the Boulevard Maintenance fund. LID 144 &145 DEBT SERVICE FUNDS These funds exist to collect payments from LID participants and to repay the financing of LID construction. Thus disbursements occur to the extent revenues are received and so no use of fund balance is needed. GENERAL CONSTRUCTION FUNDS This fund collects funds from a variety of sources and constructs non-utility projects. Once projects start other funding sources (e.g. grants) may come available. When projects are finished under budget then additional funds are available to return to this fund from the construction fund. There are $1,092,978 of additional funding,sources and $320,000 to return to a variety of funds. WATER /SEWER FUND This utility received a stormwater grant and chose to use this grant to purchase a street sweeper. Since all utility equipment is owned by the Equipment Replacement (Utility) Fund there is a 5214,931 transfer out to pass the stormwater grant through to the Equipment Replacement fund to acquire the sweeper. E UIPMENT MAINTENANCE (GOV'T) FUND This fund provides maintenance services including fuel for vehicles not used in utility operations. An additional $30,000 is needed to supplement the fuel purchases budget. The additional cost is funded through additional charges to the funds that use those vehicles. Thus no use of fund balance is needed. EQUIPMENT MAINTENANCE UTILITY FUND This fund provides maintenance services including fuel for vehicles used in utility operations. An additional $75,000 is needed to supplement the fuel purchases budget, The additional cost is funded through additional charges to the funds that use those vehicles. Thus no use of fund balance is needed. 5 2011 Operating & Capital Budget Supplement Memorandum RR EOUIPMENT REPLACEMENT (GOV'TI FUND A detailed review of vehicle and equipment replacement was undertaken in 2011. Some vehicle purchases scheduled for the current year were postponed to future years. Conversely some vehicles that were scheduled for replacement in future years were deemed necessary to purchase in the current year. Not all vehicles had sufficient funds set aside in the equipment reserves to fully fund the new purchases. The total supplement is $332,140. Some of the major additions are $96,000 for ambulance, $126,000 for defibrillators, 535,000 for buy-out of various police vehicle leases, $20,000 for an engineering vehicle and $86,000 for a dump truck chassis. These additions were offset by $50,000 in vehicles originally budgeted for replacement that were not replaced this year. A vehicle belonging to this fund (previously used by Streets) was transferred to the Equipment Replacement (Utility) fund for use in utility operations. The book value of this vehicle was $3,014. So even though this was not a cash transfer, approval by council is required. This transfer was funded through use of fund balance. EOUIPMENJ REPLACEMENT (UTILITY) FUND Two street sweepers were purchased in the current year resulting in a supplementary budget of $245,000. This was funded $214,000 through a stormwater grant that was provided to this fund via transfers and the remaining costs not available in the replacement reserves was funded through interfund charges and through the use of fund balance. A vehicle that was used in street operations was transferred to the Equipment Replacement(Utility) fund for use in utility operations. The book value of this vehicle was 53,014. So even though this was not a cash transfer, approval by council is required. MEDICAL/DENTAL FUND The city is self-insured for employee medical, dental and vision. The claims to date have been higher than expected and already exceed the current year's budget. Due to the nature of the claims it is difficult to predict and so current year spending and the highest month's claim in the current year was used to determine the supplemental request. As 2011 claims continue to be processed through January and to ensure adequate budget the total supplement is $900,000. OLD FIRE PENSION (OPEB) FUND This is a new fund created in 2011 when the Old Fire Pension fund was split into two funds per accounting standards. This fund pays the medical premiums for its members and the total expenditure budget is $105,300. It is funded $25,000 from investment income and $80,300 from fund balance, OLD FIRE PENSION FUND This fund purchased a long term investment in the form of financing LID 146 obligations through an interfund loan for a total of$89,351 using existing fund balance. 6 2011 Operating & Capital Budget Supplement :Memorandum LID CONSTRUCTION FUND This fund was previously used for collecting resources related to LID construction projects. Temporary construction financing was provided through the general fund. This fluid is now being closed and the residual cash (and fund balance)being returned to the general fund in the amount of$281,000, 2011 CAPITAL IMPROVEMENT BUDGET SUPPLEMENT Some projects will be complete by the end of 2011 and will be closed and removed from the Capital Improvement Budget. Also, during the course of the year some capital improvements projects exceed their original appropriation and some are new and thus not included in the 2011 Capital Improvements Projects Budget. Therefore, a supplement to the 2011 Capital Improvements Projects Budget is required. The total amount of increased authority is $385,000. New projects total $307,500, continuing projects with 2011 increases total $2,245,084 and the net effect of closing projects total $(3,452,070). The total overall change in the Capital Improvement Budget is $(499,486). It is somewhat unusual for the overall chance to be a decrease. The decrease is due to several older projects that have been in the Capital Improvements Projects Budget for several years, and for which grant and other external funding did not become available, are being removed from the budget in the c=ent year, 7 �: . � _ 3 1.. 2011 Operating Budget Sillpplemen# (Operations - Section 1.) Nei Charme In Ap-couni DcserintSion, RFVFN1 1Il FF ' FUND S.41, Explanation GENERAL FUND COURT ]udge Pro-Tern 10.000 Impact uf,judge retiring Interpreters 10.000 Consistent with past spending levels McAfical/Dental Interfund 18,000 ludiciul -July pl'Ctltiun'I increa5C Total h7u101 Court 38,000 Pgula Care Custody of Prisoner 50,000 Budget $1,3m;actual $1,35m Total Police 5[1,l.1011 FIRE, Goartt items 76,000 95,0of) Wildiand firefighting tuuls,equipment,pruteotive cluthirng Interfund Equip Rental 24.575 Add'I contribution needed fir N11]Ts ($21K) Other Agency Services 7,00[1 lncrcise in calls with assistance from other agcnvici Interfund Rcscue Team Svcs 14.000 Interfund from Utility Fund Total Fire, go,i10[1 126,575 A&CS-LEGAL SERVIC l fi Outside legal services 124,001) Reflect current year's services A&Q,-RV'X'HFATION Interfund Equip Rental 1 1,300 Additional contribution needed f'or vehicle purchase,price Fasrt-time wages 25,000 Meiji orjaI Pahl stafTing level; 1ncreasad cad ing accuracy Part-time wages 8,000 Additional Pail; Ranger Repair&Maintenance 51000 Chiawana Park Path Interfund£s{uip Rental 12.40() Additional coutribulion oceded for vehicle pu1'cltuw pri" Total AC&S 186.200 FAGINFF.RtNO Salaries 13 ,t)UU Rec lass engineering personnel costs from IJtiIities; Benefits 15,500 Niedical/Dentai Interfund 13,am Interfund Engineering Charges 163.500 Total Engineering 163,500 163,500 LIBRARY Repair&. Mai menance-Bldg 42,000 Electrical wort;; PUD grant not as high as expected IYI'IN I)RFAH'I'i41 K N'I"A I, Bond payment 4.655,1)0(1 2001 LT'GO Refinance Organization Sen,lces 25.000 Regional Public Facility District Bund premium 333?725 Bund proceeds 4,17 0.000 'Total NonDepartmcntal 4,443,725 4,680,000 TOTA1,GENERAL FIND 4,697,226 5,122,775 (425,551).M 121141211116.0 W 2411 Operating Budget Supplement (Operations - Section 1) Frei Change In Ac+eatlat Descxiatt REVFIN(IES FXPEN FEW)n.41. Exylanation STREET FUND Maintenance Projects 29,000 Lewis St Underpass Coating-additional Internal Engineering 280,000 Internal Engineering support Street Light Maintenance 200,000 Energy Efficiency Grant;5282,490 in 2012 Repair/Maintenance Suppiie, 20,000 "No Truck Parking"signs TouWEquipv'furn<S5,000. 152,000 Schcutl Zone Beacons Grant Project Interfund Admin Chargeback 7,000 Updated allocution model per auditor Medical Dental 15,1100 3ulyy premium increase CoTigervatiun Gnuit 200,000 Street light replacements Scht�ol Beacon Grant 120.000 School Zone lieacuns Grant Project TOTAL STREET FUND 320,00x.1 703,000 (383,000) A RTER[A-L STREET FUND Consultant Services 30,000 Concept Design-Oregon Ave TOTAL ARTERIAL STREET 30,000 (.411,000) ICOMM.LMY VI?VFLOPM ENT[.R,,N.vT FUND Salaries 22,000 Additional grant authority,&, use of prior grant authority Other Services 285,000 Additional grant authority&use of prior grant authority Capital Expenditures 486,000 Additional grant authority&use of prior grant authority Grant& Program Revenue 671.000 Additional grant authority TOTAI.CI)nC. FUND 671,000 793,1)00 (121000) AMBULANCE FUND Bad Debt Expense 175,000 175,000 Budgeted as reduction of revenue;not as an expense salaries& Wages 69,040 Change in position allocation approved after original budget liver Time Wages 46,040 Increasing call volume Nledical Supplies 11.000 Increasing call volume Interfund E4uil:Rental 113,515 Additional conrribution needed for Chassis&Defib'S,MDTs lvledical Denial 31.120 July premium increase Ambulance Utility Charge (15.000) Based on current year activity TOTAL AMBULANCE 140,000 445,635 (285,635) CEJr IET.E.RY FUN Salary & Wages 16,000 Consistent with prior year activity level TOTA1,CKM ETERY - 16,000 (16,000) GOLFCOURSE FUND misc Supplies 9,685 Credit Card Fees 20,000 Combined Insurance Policy 1,240 B&O Taxes 21,980 lmerfund Engineering 1,30() Equip Replacement 41,280 Interfund Rental 250010 Misc Professional Services K63,345 ,2l14hou&49 Prot 9 2011 Operating Budget Supplement (Operations - Section 1) Nd Ch9nge In 4 n+n! r) arwlR i n REVEN 11 ES FXPEN1 F1 1NFf Fill. LxR18[tBtiOrt Service Charge Fee 50 Serson Pass Sales 185,250 Greens Fees 416,100 Tournament(ireen Fucs 51000 Cart ReT%'d 17i,om) [3riving,14angc 69,000 Lessons 4.000 Pro Shop Merchandiar_ 115,000 Sales Discounts (311,000) Other Revenues 4.200 F&B Snack Bar& Grill 192.500 UP,Tournaments 21000 Investment Interest 60 Miscellaneous Soo TOTAL GOLF COURSE 1,221,550 1,21V,030 2,630 Mi t)LTiMODAL E+'LlND Repair)Wlaim of Bldg 45.000 Replacement door install delayed from 2010. TOTAL MULTINMIML 45,000 (45,000' SPECIAL ASSES&NIENT L()D.GINC RIN1;1 Orgnnlvi Tonal Services 25.000 25,000 Contingency estimate: spending depends on revenues, TOTAL LODCING 25.000 25+000 - gFVOLVINC ARA E.IWEN'T.FUND Bad Debt Expense V)00 8,DCJO Budgeted as reduction of revemre;licit as an expeltse Miscellaneous Services $,5t10 Franklin county auditor fees Vehieles-U.quiprnent 15135 New Ira!ieNgenerator purel>ase TOTAL ABATEMENT 81000 31,735 (23,735) TR•+►C DFVFLOP& OPERATING FUND Couniy Services 210,50x3 Operating subsidy For past and current years TOTAL I'RkC - 210,500 (2101500) STADIUM/CONVENTION CEl'NTJ'R FUND Organizational Services 15.000 Tri-Cities Convention 13u1eau lnterf'und Loan Proceeds 611,000 To provide working cap!ml 'I'01"AL STAJ3IUN1 60,000 16+000 44.000 LID 144 DEBT SERVICE Loan debt service 104,0W Pay off debt with early prepayments received Loun proceeds ri rvcived 104,000 TOTAL UD 144 ](?4,000 10000 LID 145+ DEBT SERVICE Loan deht senlice 144,470 flay off de ht with early prepayments received Loan proceeds,rcccived 144,470 'rOTAI, LTD 145 144,470 144.470 - 12/102011 6:4ro PM 10 2011 Operating :budget Supplement (Operations - Section i) Nei Chenat In Y WS&LIMfiftH RF.VENIIFS EXPEND FUND RAL Exnlanatiou E U.CPNlEN'I' MAINTENA.NC`E FUiNF) -Gov Fuel • 30.000 Additional fuel purchase costs lntertund ER Fuel 30,000 TOTA1 C OVIT EQUIP MAINT 3n,auu 30,000 EQUIPMENT rv1AFVTFNANCE FUND- UARtw Fuel 75,000 Additional fuel purchase costs Interfund Eft Fuel 75,000 TOTAL UTILITY EQUIP MAINT 75,000 75,000 E0 U7P�IEljT REPLACEMENT FUND - Gov Vehicle purchases, 332,140 Vehicle purchases ER Rep[ Police Equip 45,000 78,960 DVR Purchase(approx$5K each) Interfund Equip Contributions 170.500 Variaas Depts contributious to makeup shortfall TOT.AL GON"T EQUIP REPL 170,500 411,100 (240,600) EQUIPNIF NT REPLACEMENT MENT FUND 41dilty Vehicle purchases 245.000 Vehicle purchases:$214K Grant Reimbursed interf'und Equip Contributions 214.000 Additional funds t`or non-grant Street Sweeper TOTAL UTILLIQUIP RF.PI,ACL 214,000 245,000 (31,090) ME.DICALIDEN '.4I._FUND Medical Claims 900.000 Estimate to provide sufficient authority to pay claims TOTAL MEDIDENTAL FUND - 900,000 (900,000L FIRE PENSION LOPFB)FU D Adm'sn Fee 31300 New accounting fund -no intial budget. MedicallDental premiums 97,OOC New accountirij, fund-nta intial budget Dividend Income 25.000 T'C)TAL FIRE MEDICAL FUND 25,000 105,300 (50,300) 121141 2011 6!44 AM 11 2011 Operating Budget Supplement TRANSFERS and INTERFUND LOAFS (Section 2) Nei cbangc In Aceoum Description F,VK FISLIES EkPEN FUND AA[. Exrjanation C.rNEKe%L FIIND Nt7M1lns AR"F111FIt1tfit. Inter fun d loam to Construction Fund 378,445 Interim construction Financing for LID 148 lnterfund loon to CDBG Fund 750,eoa Provide for postivn cash flow,at year aid Interfund loan to the golf course 185,000 Providu for r-stive cash flow at}ear end T'nuisFer Out to Street 350,000 Facilitate intcrfund charge allwations TmOSler Out to CDBG 42,615 Code Enfonx costs not voverrd by 2011) 201 l Vvuits Transkr Out to Sr Center 15,000 Rermish floor Transfer Out to'TRAC 190,000 Settlement of prioryear costs;provide positive fund balance 'Transfer Out to Constniction 89,991] 3rd& Pearl& Jan Street:LID#148 'Jransfer Out to Cwlf Course 8,OVJ New pad& Estimate to create positive ending fund balance Transfer io from LID Const 281,000 To close out fund 700 Trtutsrer in from CDBG 11 0.000) Grant was realiocmted between Sr.Ctr/lvfLK)Oen'I Fund 'rOTAL GENERAL FUND 271,{1011 2,009,100 t1,739,1n0y STRI'rT FuNrl Transfer in from General 350,000 Maintain adequate fund haiance Transfer in from Art Street 217,A48 2010 Misc Traf Signal;2011 Misc Street Improve TOTAL STHEE'r FL;H1Y 567,448 - 567.449 A13TZ RLA.L S'fi3E U 'F ll hlS Transfers nut to Street Fund 217;148 Misc Traffic Signal and other'improvements Transfers out to Constr Fund 1(1,000 Oregon Ave(SR397) TOTAL,ARTERIAL MEET 227,448 (227.448) l.epr�'r ,�gK'r.t"tkiasrTF�tRi'� Transfers Out to Cnnsrr Pond 134,983 CAC&.Argent Traffic Sign& Road 68 Phase I TOTAL TRAFFIC tNPA(,:T rliND I34,983 1134,983) CDBG FUND lnterfund loan proceeds 750.000 Provide For postive.cash flow at year end lnterfund transfi rs 153,082 LID 146 ARR.A to 700 1nterfund transfers, 340,040 1,113 4148 KurtLman Part;Ph II St Imp Transfer in from General 42,615 Enforcement Salaries not covcrcd by grant TOTAL CDBG FL1Nb 792,615 493,082 29.0,533 Transfer in from CDB(.i (1010nay Grant was reallocated bempeen Sr.CtrfMLK1Gen'I Fund TWI'AL NILE FLfNr) (10.000) - (l0,tlf]3) S 4V.1122M itiT' .M Er Interfund loan m Stadium Fund WIN() Provide 2011 working capital;keep fund balance positive. TOTAL BLL'D MAwrFUN1.) 60,01)u 00100u) i;UL.F�:{IiU.Ft�41t.1+'L1JV,D Proceeds from lnterfund Loan I gi'o m Provide for postive cash flow at year end Transfer in From Ctnt!W 81000 Funding fat pad TOTM,GOLFC,C1IMSE Fi1NI) 193,00+:1 - 193,000 B.N:rSi3 0N C'1::;4TER FUND Transfer in from Gen']Fund 35,000 Refinish Floor&Grant budget realloactirnt lu 14izol1 6:49 inn 12 2011 Operating Budget Supplement TRANSFERS and 1NTERFUND LOANS (Section 2) Net Change In Account Ilrscrtrrrian &LVL6(Fr,S EXPFNb FIft4D8AL Isxnianati(on TOTAL SIt CENTER FUND 35.000 - 35,000 THAC I)PVEtd01)&UPER.LTING FtiND Transfer in From Gcn'l Fund 390.000 Trac Operating TR'I'AL.TFiAL FUND 17011100 [90,1100 PARK FUND Transfer m Conlsrr Fund 139,510 CIP funding changes between park districts Linda Lovissa Transfer 1'orn C'onstr Fund 220.000 Return prior year temporary construction financing TOTAL PARK FUND 220.000 139.{10 81)A90 CAP[TA L,_1M1tri: tv rtir .SIT F�1r:D Return funds to Capital imp 100.000 Neighborhood Park Linda Lovissa:change in funding source TOTAL CAPITAL IMPRV FUND 100,000 - 100.000 1tiT.6111VAL'C:t1NVY.NTMN r.ENTER FUM) Proc"d.fronti Interriind Loan (10,000 Proceeds from Rlvd Fun6.Provide adequate.Fund halance TOT,1I.5'TADI11i:N FUND (;O.M)o 60.000 LID 146 DEBT tsERVICE FUND Transfer out to 700 fund 35.323 Transfer prepayments to pay .off LID 146 constructior, TOTAL,LID 146 FUND - 35.323 (35,323) (;FN'EFL-XL i'0.2j 1'RrICTL0 YUKYJ Inrerfond Loin Proceeds 37SA95 - LID 148 temporary oonstruction loan Return fonds to Parr; Develop 100.000 Linda Lovissa new funding source RMurn funds to Capital Imp 100,000 Soccer field Rrntirn Fw1ri5 to Park Develop 120,on0 Road 54(F,rwen Property),Chiawartn Part;Dlstrict Transfer in from 1.182 Cooridor 134,983 CDC Main Entr&Argent Traffic Signals Rd 68 Pb I Tronsl'er in from CDRG 340.000 LID#148 Kurtzman Park Phase I1 St ilnpr Transfer in from Gen'l Fund 89,990 3rd&Pearl&Jun Str2crr.LID#148 •1'munfor in from Arterial Street 10.000 Oregon ave(SR397) Transfer in from Park Dev Fund 139.510 Neighborhood park TOTAL GEN"L CONSTR RIND 11092,078 320,000 772,978 I ll Tfl 'Y MIND Transfer out Equip Replacement 214,931 Transfer awceper gran:proceeds to ER TOTAL IITILITY FIND 214,931: (214,931) F.tj'1!nMI1 NT REPLA,CT.MFN r fC.Q1"Tl FUND Transfer out 3.014 Transfer vehicle from Streets to Water TOTAL GOVT EQUIP REPL 3.014 (3,014) FOUIIAIEN"1 REPI.,tCEMENT,11TILIT1'5Ft. D Transfer in from Storm water 214,931 'trans For in from Street 3,014 Transfer vehicle rrom Streets to Water TOTAL 11'rlt.POMP RFP1. 217,945 - 217,945 01111 FIRE PENC tM Interfund Loan Dishursement 85,351 Invest in LID 146;Repay Constrilction Case TOTAL OLD FIRE PENSION 89,35I (89,351) 1,114I2C 12 6:48 PM 13 2011 Operating Budget Supplement TRANSFERS and MERFUND LOANS (Section 2) NVI Change In Account Descrintiun RFVFNKIE RXPENI/ FUND RA1, Explanation W&EQUlafil.010N,FUND Transfer out In Gen Fund 281.000 Transfer to close cut fund(Limitcd to aetuui cash) Tansfer In fund 246 35.323 Transfer in UD prepayments to pay LID 146 construcllan Tmisrer Iu from CDBG 153.082 LID 146 ARRA to Fund 740 Inwrl'und Lum Proceeds 59.351 TOTAL LID CONS"I'RUCf 277,756 28+1,000 (3.244) TOIALTKANSF£RSS LOANS 4.007,742 4,UU7,742 ::r 1�l2G I 1 6A9 4M 14 2411 Capital Budget Supplement CIP Changes (Section 3) Current Change In 1 vA,Total Protect DescriplWA Authority Authori Authuritv NC%y a'h31 PROACTS WaldcmarAielena(1 01-3 lots) 17,501) 17.500 Waidamavl-lelona(2 0f.,lots} 0.400 17.500 WaldemarMelena(3 of 3 lots) 17,500 17,500 NSP Project# 1 66,000 60,000 C'Bt'Muir Entr& Aiganr Trafri r.Sipnal h2,00U 621U00 2011 STII C:rsnL Uvarlays A,SOfi 8,500 Oregon Me two?) 10,0(](1 10,000 Columbia Water Supply Project 5,(106 5,000 NW Cornmon Lift Stations $5,500 65,500 USRR Irrig Cormcction 18,000 18,901] Twal New 2011 Projects 307.500 307,700 C.ON71N1.INC,PRO]ECT5 Linda Loviisa(Capitol)Paris 26500 79,510 34+1,510 Lewis$t Overpass 5,212.625 11006 5,330,932 LJD#(48 KL=t m Park Ph. 1151. I 111 732,707 1 32,707 West 5i+.1e Woler Treatment plant 12,000,000 1,265,331 13,165,531 LIDh 148 KLrtzntan Park Ph 11 Storm 49430 44,230 Contimring ProjecLK with 2011 Increases 17,477.626 2,245,084 19,722,710 �R"€?IE���,_L(SS`1�I�Ci ttV 2iYl NSP 2103 N I'1th Drivc 7006 56-M 133.174 NSP 404 K 19th Drive 83.889 77,383 161,272 NSE'21161I ISth Avcuuc 111,699 39,449 151,148 HOME 120 N Owen Avenue 99,167 99,367 HOME 533 S UWca 233,303 233,303 KC)ME 524 S 41+a]rlamar Avenue. 134,699 134,699 Police Station 7U0.U011 (700,000) Road 54 i'Er-*veo Property)irnprove 31],0110 Soccer Facility 2U0,000 (2clo. o) - Ruad IOC&1.182 Ramps .:.004.CWU (1,893_,160) 106,740 LIDP 146 F:urt =Part:Ss.Imp 443,979 - 443,979 Road 68 :rnpravements(Phase 1) 300X" 88,482 388,482 ;14(17 Ave.canter+any 1311,1000 41,eV7 174,447 I Iarris Toad Realip=cnt 250.0{[0 (250;J0U} 3rd and?cut](arxi Ian) 91,989 919$9 C6m'VSr1? Lau,is St Water Linc 600,UUU (600,000) 2011 ivti5c tiWtr Line Im pr(Rd 60-62RSyIv,es1e0 91,102 91,102 2011 h'iluat Plant Improv(VFV Pumps) 50,000 (49,140) 860 Cs+rn'l AYe'Water Liire..Extrnsion(WM 3.1) 500,000 13 0,9 2 630,923 Com`1 rive Water Line Extension(Phase 11) 275,791 20,231 296,022 2U l l Meter Replace K Cross Coru;ect 150,000 - 1501000 2011 Wtr Line Gxl 150,00() - I%On[7 240`3 Scwcr Replacement(Older district] 336,335 678 337,014 2410 Sewer Line Ext(Kurtzman) 281,461 102,561 384,522 2010 Scwcr itcplacemcat 5U0.000 69,6{]0 569,600 2011 Sewer Lint Exi -Road 100 500,000 (500,0116) - C.nrn'1 Ave Savvier Lane rxt&Pump S1 500,000 (1 05,1DO) 394,900 PWRF 1rTigws on Upgrade 110,000 - 110,000 2011 Dr}-well Rctrntit 50,0[70 (5.0152) 44,938 Tutul FrojecN Closing ar 2U11 8.330,551 (3,052,[1711) 5.27H,481 Total lncrease Total E.lecreme, Net Chunae ±.833,0?6 (4,3.12.5621 (4'}9.486) tv1412011 a,sa PA4 15 AGENDA REPORT TO: City Counciln December 16, 2011 FROM: Gary Crutchfiel t Manager Regular Mtg.: 12/19111 SUBJECT: Tri-Cities Prep 'treet Agreements 1. REFERENCE(S): 1 . Vicinity Map 2. Proposed Joint Development Agreement 3. Proposed Latecomer Satisfaction Agreement 4. Proposed Ordinance I1. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Joint Development Agreement between Tri-Cities Prep, Tapteal 11 LLC and the City for development of a new street connecting St. Thomas Drive and Chapel Hill Blvd and, further, authorize the City Manager to sign the agreement. MOTION: I move to approve the Latecomer Satisfaction Agreement with Aho Construction I and, further; authorize the City Manager to sign the agreement. MOTION: 1 move to adopt Ordinance No. , accepting a donation by Aho Construction and, further, authorize publication by summary only. 111. FISCAL IMPACT; See below IV. HISTORY AND FACTS BRIEF: A) In 2008, the owners of commercial property (Tapteal) at the west end of St. Thomas Drive (near Burden Blvd interchange) desired installation of a traffic signal at the intersection of St. Thomas and Burden Blvd to accommodate commercial development on their property. Council determined at the time such a measure would cause more problems and staff recommended a new street connecting St. Thomas with Chapel Hill Blvd as a better long-term solution. An effort by Tapteal, the city and Tri-Cities Prep to arrange for such a new street failed. B) Recently, Tapteal and Tri-Cities Prep resurrected the suggestion for a new street and approached city staff with a new proposal. After some negotiation, a proposed agreement between the city, Tapteal and Tri-Cities Prep would result in construction of a new street connecting St. Thomas and Chapel Hill Blvd based on financial contributions by Tapteal and the city and land transactions by Tri-Cities Prep. The agreement provides the following essential elements: • Tapteal will donate certain land to Tri-Cities Prep; • Tri-Cities Prep will give certain land (new street alignment) to Tapteal; • Tapteal will construct new street and pay first $100,000 of construction cost; • City will pay street construction costs in excess of$100,000, up to a city-cast of$70,000; • If street costs more than $170,000, city and Tapteal will share additional cost equally up to $200,000; • Upon completion, street will be deeded to City, 8(a) C) Staff has arranged for an agreement with Aho Construction (required by 3-party agreement) to terminate the Chapel Hill Blvd latecomer agreement whereby the city will pay $35,000 to Aho in exchange for full satisfaction of the latecomer agreement ($68,000 value). The donation by Aho Construction for the latecomer agreement is required by statute (RCW 35.21.100), to be approved by ordinance of the city. Thus, staff has prepared the necessary ordinance to satisfy the statutory requirement, V. DISCUSSION: A) In essence, the combination of agreements will result in a new street connecting St. Thomas and Chapel Hill Blvd, thus eliminating the need for signalization at Broadmoor Blvd and St. Thomas (which will also avoid the safety conflicts and inadequate stacking space on Burden Blvd). The cost exposure to the city under the combination of agreements is between $85,000 and $120,000 (city engineer's cost estimate for the new street is $170,000 under private contract). B) Staff believes the combination of agreements represents a "win-win-win" whereby each of the three parties receives most of what each needs and the community realizes a safer street and traffic system in that vicinity than is offered by the present circumstances. Accordingly, staff recommends Council approval of the agreements. .a _, ,.. "'._.. I-182 w ..._.... � •t• � �r- - - - r ,. _ ,_ A - ,., - •;. a -,....-y..-.sPJAh ',:'.., 4t— RN -ter.... .. ."�' _•:r - __ ` " :• rye a i ' .'T•s-- is � __� - . ., •^,,,1•��,,.- ► �, r L ^rti .. �' . ?Rt-C11Y,PBEP > ^ si r, t PROPOSED NEW ROAD L amok 4t Ilk_ - �...�>. _- - t. •• -.a ,al a C APEL HILL sou Waft� T 1 1_ 1 _ ~ w• MUSTANG OR ANG OR ^� MUSTANG OR - p - JOINT DEVELOPMENT AGREEMENT THIS JOINT DEVELOPMENT AGREEMENT is entered into this day of November, 2011, by and between Tri-Cities Prep Catholic High School, a nonprofit Washington Corporation (hereinafter referred to as "Prep"), Tapteal 1I, LLC, a Washington Limited Liability Company (hereinafter referred to as "Tapteal"), and the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter referred to as "City"), for the purpose of extending street and utility improvements for the mutual benefit of their properties. WHEREAS, Prep has real property in West Pasco developed as a High School located south of St. Thomas Drive; and WHEREAS, Tapteal owns property across St. Thomas Drive and property to the east of Prep; and WHEREAS, to accommodate needs of the citizens of the City of Pasco as well as the long-term traffic patterns to serve both properties, an additional City street will be necessary between St. Thomas Drive and Chapel Hill Boulevard as a part of the street system of the City; and WHEREAS, Tapteal desires to make a charitable donation of real property to Prep for its High School campus, and an additional charitable donation of roadway improvements upon property received from Prep and thereafter dedicated to the City with the improvement of vehicle access to this area; and WHEREAS, though Prep has no compelling need for a street to separate its campus, it desires to cooperate with the parties to facilitate installation of a new street under the terms of this agreement; and WHEREAS, the parties desire, by the exchange of properties, dedication of right-of- way, and the construction of a roadway to City standards to improve the circulation of traffic providing a long-term benefit to the City and their respective properties by this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. PREP OBLIGATIONS. Prep shall: A. On or before December 31, 2011, convey to Tapteal approximately .73 acres of real property for street right-of-way more particularly described in Exhibit A, attached hereto and incorporated hereinby this reference, and designated herein as City Street in consideration of Tapteal's construction of a City street thereon. Joint Development Agreement 12/09/11 B. From and after the date of this Agreement until dedication by a dedication deed, grant access to Tapteal for inspection, surveying, and construction of a City street, and infrastructure improvements, if required, together with a 10-foot temporary construction easement on either side of that real property described in Exhibit A, which temporary construction easement shall expire upon acceptance of the roadway improvements by the City. C. Accept on or before December 31, 2011, by donation or gift, real property from Tapteal consisting of approximately 3.18 acres more particularly described in Exhibit B attached hereto and incorporated by this reference. For the purpose of this Agreement, the value of said property is $ D. Timely submit an application for a binding site plan dividing that portion Of Prep's property for the proposed City street, as described as Exhibit A, suitable for transfer to Tapteal for the construction of the roadway, and eventual dedication to the City; and by such binding site plan, identify that portion of Prep's property of approximately 2.46 acres lying west of the proposed City Street as a separate tax parcel. E. Identify, prior to the close of design, the desired location of all curb cuts and utility service stubs, if any, to service the property lying on either side of the proposed roadway designated as City Street described as Exhibit A. The inclusion and location of all curb cuts, utility stubs, and other street improvements shall be solely within the discretion of the City, F. Shall execute all deeds, documents, permits, and checklists necessary for the permitting and conveyance of the property described above and the performance of this Agreement. 2. TAPTEAL OBLIGATIONS. Tapteal shall: A. On or before the 31" day of December, 2011, convey by gift, donation, or otherwise, to Prep, that real property consisting of approximately 3.18 acres lying east of the Prep property and more particularly described in Exhibit B, which is attached hereto and incorporated by this reference. B. Acquire by transfer that real property owned by Prep for the construction of the proposed City Street as described in Exhibit A by appropriate deed, and as sole consideration, the street improvements to City Street as described in 2C below. Joint Development Agreement 12/09/11 C. Construct to the City's established street standards, and in accordance with the plans and specifications as provided and approved by the City, a City street including curb and gutter, street lighting, stormwater, and such other improvements as required by City standards. The east line of the street shall include a standard sidewalk, provided the total cost of the street, including said sidewalk, does not exceed $175,000. Construction shall commence on or before the day of , 2012, and be completed on or before the day of 12012, D. The estimated costs of the roadway construction, excluding utilities, is one hundred seventy thousand dollars ($170,000.00) which shall be paid "up front" by Tapteal prior to acceptance by the City. Of the total amount paid for the roadway construction, Tapteal shall pay the first $100,000, and the balance, if any, representing that portion for the general benefit of the City, shall be paid by the City up to a total of $70,000, within thirty (30) days of acceptance. In the event the actual reasonable costs incurred for the construction of the City Street exceeds $170,000, the balance above $170,000 shall be divided as follows: 59% to be paid by Tapteal, and 41% to be paid by the City. In no event, however, shall the total project cost exceed $200,000 without the prior written approval of both the City and Tapteal. Tapteal Shall provide documentation of the actual costs incurred for the construction of the City Street, E. Upon acceptance of the improvements described above, Tapteal shall convey, by dedication deed, City Street as described in Exhibit A to the City. F. Shall execute all deeds, documents, permits, and checklists necessary for the permitting and conveyance of the property described in Exhibit B as may be necessary to accomplish the purpose of this Agreement. 3. CITY OBLIGATIONS. City shall: A. Process in its usual course, Prep's application for a binding site plan providing for the division of its property, including the creation of City Street as described above in a timely manner. B. Provide project design and engineering, resulting in project plans and specifications for the construction of the proposed City Street. In addition, the City shall determine the necessity of utility extensions and improvements, if any, as may be necessary to serve these properties. The City shall, prior to the close of design, give due consideration to the request of Prep for utility locations, curb cuts and other improvements. The City shall provide notice to Prep of its request fourteen (14) days prior to the close of design. C. Provide inspection services during the course of construction. Joint Development Agreement 12/M11 D. The City shall pay the actual reasonable construction costs for the City Street in excess of $100,000, up to a maximum of $70,000. In the event the actual reasonable construction costs exceed $170,000, the City shall pay 41%, and Tapteal shall pay 59% of those costs exceeding $170,000. However, in no event, shall the total actual reasonable construction costs exceed $200,000 without the prior written consent of both the City and Tapteal. E. Upon completion of the improvements described above, accept by dedication deed, the right-of-way of improvements to the real property described as Exhibit A, accept ownership thereof, and maintenance and operation of the improvements thereafter. F. The City agrees to forebear traffic signalization requirement at the intersection of City Street and Chapel Hill Boulevard as a condition for acceptance of the street dedication. As a result of this Agreement, Tapteal and Prep shall not be required to bear the costs for the responsibility for traffic signalization except as may be incident to the increase traffic demands incident to the future development of their properties or incident to the creation of a local improvement district affecting these properties. G. The City shall, for its own part and on behalf of any party benefitted by that Latecomer Agreement dated the 10th day of June, 2004, affecting Chapel Hill Boulevard, secure a waiver of such fees to be paid by Prep incident to the connection of the new City Street with Chapel Hill Boulevard and additional curb cuts on Chapel Hill Boulevard for access to existing Prep facilities, and hold Prep harmless therefrom. 4. TERM. This Agreement shall be effective commencing on the 20th day of December 2011, and all improvements, conveyances and obligations of the parties shall be complete on or before November 30, 2013, or as earlier required as provided above. 5. AUTHORITY TO APPROVE AGREEMENT. The parties represent and warrant that all steps necessary for the approval of this Agreement have been completed by: A, Prep by action of its Board of Directors. B. Tapteal by its Managing Member. C. City by the Pasco City Council. The officers signing below are authorized to do so and that the execution of this Joint Development Agreement is valid and binding for all purposes. ,Joint Development Agreement 12/09/11 6. DISPUTE RESOLUTION. In the event of a dispute between the parties regarding the interpretation, breach or enforcement of this Agreement, the parties shall first meet in a good faith effort to resolve the dispute by themselves or with the assistance of a mediator. The remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration (MAR), with all parties waiving the right of a jury trial upon de novo review, with the substantially prevailing party being awarded its reasonable attorney fees and costs against the other. 7. GENERAL PROVISIONS. A. This Joint Development Agreement constitutes the entire agreement between the parties, and no prior oral or written agreement shall be valid, and any modifications of this Agreement must be in writing signed by all parties. B. Covenant runnint7 with the land. This Joint Development Agreement shall constitute a covenant running with the land and shall be binding on the parties, and their successors and assigns, C. For the purpose of this Agreement, time is of the essence. S. MUTUAL COOPERATON AND FURTHER AGREEMENTS. The parties agree to cooperate in good faith, with regard to each and every aspect required for the completion of the construction of the roadway which is the object of this Agreement, and the transfer of property, and to further sign all documents, deeds and permits reasonably necessary to accomplish the purposes of this Agreement. DATED this day of , 2011. CITY OF PASCO Gary Crutchfield City Manager TRI-CITIES PREP Steve Potter Gordon Beecher President Chairman of Board of Directors TAPTEAL II, LLC Grant Young Managing Partner Joint Development Agreement 12/09/11 Exhibit A LOT 3 REAL PROPERTY LYING IN THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHING"CON MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 8; THENCE SOUTH 88°56'43" EAST, 639.20 FEET ALONG THE SOUTH LINE OF SAID SECTION; THENCE NORTH 01°03'17" EAST, 40.00 FEET TO THE NORTH LINE OF CHAPEL HILL BLVD, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE THE RADIUS POINT OF WHICH BEARS NORTH 01 003'17" EAST, 35.00 FEET AND TO THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY, 54.98 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE NORTH 01°03'17" EAST, 244.52 FEET TO THE BEGINNING OF A 220.00 FEET RADIUS CURVE CONCAVE TO THE WEST; THENCE NORTHWESTERLY, 149.45 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°55'16"; THENCE NORTH 37°51'59" WEST, 43.23 FEET TO THE BEGINNING OF A 25.00 FEET RADIUS CURVE CONCAVE TO THE SOUTH; THENCE WESTERLY, 36.70 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 84 005'59" TO A POINT OF CUSP ON THE SOUTHERLY MARGIN OF SAINT THOMAS DRIVE, SAID POINT BEING ON THE ARC OF A CURVE THE RADIUS POINT OF WHICH BEARS NORTH 31"57'58" WEST, 553.00 FEET; THENCE NORTHEASTERLY, 57.53 FEET ALONG THE ARC OF SAID CURVE AND ALONG SAID SOUTHERLY MARGIN THROUGH A CENTRAL ANGLE OF 5°57'37"; THENCE NORTH 52°08'01" EAST, 50.00 FEET ALONG SAID SOUTHERLY MARGIN TO A POINT OF CUSP, SAID POINT BEING THE BEGINNING OF A 25,00 FEET RADIUS CURVE THE RADIUS POINT OF WHICH BEARS SOUTH 37°51 '59" EAST; THENCE SOUTHWESTERLY, 39.27 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE SOUTH 37°51 '59" EAST, 40.17 FEET TO THE BEGINNING OF A 280.00 FEET RADIUS CURVE CONCAVE TO THE WEST; THENCE SOUTHERLY, 190.20 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38055'16"; THENCE SOUTH 01'03'17" WEST, 244.52 FEET TO THE BEGINNING OF A 35.00 FEET RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY, 54.98 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGEL OF 90 000'00" TO A POINT OF CUSP ON THE NORTH LINE OF CHAPEL HILL BLVD.; THENCE NORTH 88°56'43" WEST, 130.00 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING. CONTAINS 0.73 ACRES, Exhibit B THAT PORTION OF LOT 2, SHORT PLAT NO. 2004-05 ACCORDING TO THE SHORT PLAT THEREOF RECORDED IN VOLUME I OF SHORT PLATS, PAGE 606 UNDER AUDITOR'S FILE NO, 1644554, RECORDS OF FRANKLIN COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 01.03'45" EAST, 375,99 FEET ALONG THE WEST LINE OF SAID LOT TO THE NORTHWEST CORNER THEREOF, SAID POINT BEING ON THE ARC OF A 960.00 FEET RADIUS CURVE THE RADIUS POINT BEARS SOUTH 04°55'05" WEST; THENCE EASTERLY, 304.36 FEET ALONG THE ARC OF SAID CURVE, AND ALONG THE NORTH I.INF, OF SAID LOT 2 THROUGH A CENTRAL ANGLE OF 18°09'53"; THENCE SOUTH 66°55'08" EAST, 133.75 FEET ALONG THE NORTH LINE OF SAID LOT 2; THENCE SOUTH 01'03'45" WEST, 257.92 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 2; THENCE NORTH 88°56'44" WEST, 419.38 FEET ALONG THE SOUTH LINE OF SAID LOT 2 TO THE POINT OF BEGINNING. LATECOMER SATISFACTION AGREEMENT THIS AGREEMENT is entered into this day of December, 2011, by and between Aho Construction 1, Inc., a Washington Corporation, hereinafter referred to as "Aho", and the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City." WHEREAS, Aho and the City have entered into a Latecomers Agreement for reimbursement of the costs of the constriction of Chapel Hill Boulevard by Agreement dated the 10`h day of June, 2004, wherein Aho is entitled to reimbursement of the costs incurred by it for the construction of a portion of Chapel Hill Boulevard; and WHEREAS, the remaining reimbursement obligation due Aho under such Latecomers Agreement is in the sum of$68,697; and WHEREAS, the City desires to provide connection to Chapel Hill Boulevard of a new City street and accommodate development of that remaining property subject to the Latecomers Agreement; and WHEREAS, Aho agrees to accept payment of 535,000 from the City and desires, as a tax deductible charitable deduction pursuant to RCW 35.21.100, to waive the remaining obligation of$33,697 to provide for the public purposes provided above. NOW, THEREFORE, the parties agree as follows: 1. Upon receipt of payment by the City of$35,000, Aho does hereby waive the balance of its reimbursement rights in the Latecomers Agreement dated June 10, 2004, in the sum of$33,697 as a charitable donation to the City of Pasco, Washington, pursuant to RCW 35.21.100, 2, The City accepts such waiver as a donation effective the day and year first written above. DATED this day of December, 2011. AHO CONSTRUCTION I, INC. CITY OF PASCO, WASHINGTON Gary Crutchfield, City Manager ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Accepting a Donation of the Waiver of Latecomers Fee Valued at S WHEREAS, pursuant to RCW 35.21.100, the City of Pasco may accept any donation of money or property by ordinance, and may carry out the terms of the donation, if the same are within the powers granted to the City by law; and WHEREAS, the City is subject to payment of a latecomers fee in the sum of$68,697, which represents an obligation of the City and other entities pursuing development with access onto Chapel Hill Boulevard; and WHEREAS, Aho Construction 1, Inc., is willing to waive a portion of its reimbursement rights under the Latecomers Agreement to permit the City's development of a City street connecting with Chapel Hill Boulevard for the public purpose of permitting greater accessibility and improved traffic circulation for the benefit of the citizens of the City of Pasco upon payment of$35,000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section I. Acceptance of Donation. The City Council hereby accepts the donation of Aho Construction I, Ine,'s waiver of a portion of the latecomers fees in the amount valued at $33,697. Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of 2011 Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Ordinance Accepting Donation of Waiver of Latecomers Fee Page I AGENDA REPORT FOR: City Council December 12, 2011 TO: Gary Cru 1 le anager Rick White, 4j Regular Mtg.: 12/19/11 Community& J"conon is Development Director�i FROM: Angela R.Pitman,Block Grant Administrator 0 W SUBJECT: 2012 Community Development Block Grant (CDBG) Annual Action Plan Amendment (MF#BGAP 2011-008) I. REFERENCE(S): I. 2012 CDBG Fund Summary and Proposal Summary—December 15, 2011 2. Resolution Amending 2012 Allocations and Annual Work Plan II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/19: MOTION I move to approve Resolution No. amending the 2012 CDBG Allocations and Annual Work Plan. III. FISCAL IMPACT Reprogram $230,849 CDBG Funds IV. HISTORY AND FACTS BRIEF: A. In accordance with the Citizen Participation Plan, changes in funding greater than 10% of the annual entitlement, or changes to the scope, purpose or intended beneficiaries of the annual action plan requires an amendment to the annual action plan to be approved by HUD. 13, On September 6, 2011 Council passed Resolution 3339 approving 2012 CDBG Program Year grant allocations and annual work plan. The approved budget of$981,849 estimated receipt of $10,000 in program income and entitlement of$510,000 in addition to prior year reallocations of$461,849. Reallocations were reduced by$12,609 in 2012 to correct an accounting error in prior year reallocations, for a new budget of$969,240. C. Due to difficulty locating a suitable site, the Eastside Community Park activity will not be proceeding and additional funding for Kurtzman Park Neighborhood LID #149 and ADA ramp retrofitting is requested. V. DISCUSSION: A. Proposed Kurtzman Park LID 4149 did not acquire all the right-of-way in one section of the neighborhood characterized by three five acre lots and one smaller lot. This results in an irregular boundary for the proposed LID. Removing these properties from the project significantly increases the special assessments to the remaining property owners. Reallocating the funds from the Eastside Community Park to the proposed LID would help to further pay down special assessments in the low-moderate income neighborhood. Activity Increasel Revised Decrease Budget Eastside Community Park ($230,849.00) $0.00 Kurtzman Park Improvements Ph IV-LID#149 $150,000.00 $350,000.00 ADA Ramp Retrofitting $68,240.00 $218,240.00 B. Staff presented recommendations for the reallocation at the Pasco Planning Commission Meeting of December 15, 2011 for review and recommendation, and the Planning Commission recommended approval of the proposed funding revisions. 8(b) Attachment 1 2012 CDBG Fund Summary - PC 12.15.11 Amended Attachment 1 Planning Commission Meeting Page 1 Proposals-Recommendations Staff ID Recipients ACTIVITY!AGENCY NAME NonCDBGMatch Agency Recommend PC Recommend Requested Amended Amended City of Pasco-Community $0.00 $120,000.00 $104,000.00 $104,000.00 1 1& Economic Development CDBG Program Administration City of Pasco- Administrative& Civic Center-Youth Recreation $45,500.00 $37,500.00 $20,000.00 $18,000.00 2 Community Services Specialist City of Pasco- Administrative& Martin Luther King Community $100,500.00 $37,500.00 $20,000.00 $18,000.00 3 Community Services Center Recreation Specialist City of Pasco- Administrative& Senior Citizen's Center $200,500.00 $37,500.00 $30,000.00 $27,000.00 4 Community Services lRecreation Specialist HomeworkZone-After School $10,450.00 $35,000.00 $7,000.00 7 PowerZone Youth Center Tutoring/Mentoring Programs City of Pasco-Community Pasco Downtown Development $42,465.00 $65,000.00 $50,000.00 $50,000.00 8 1& Economic Development lCommercial Kitchen City of Pasco-Community Downtown Fagade Improvement $40,000.00 $60,000.00 $60,000.00 $60,000.00 9 & Economic Development (2 fagades) City of Pasco- Administrative& LID 148 Special Assessment $65,000.00 $65,000.00 $65,000.00 10 Community Services Assistance Volunteer Chore Services(12 $69,500.00 $4,000.00 $4,000.00 $4,000.00 11 Catholic Family Charities households) City of Pasco- Administrative& $663,000.00 $300,000.00 $0.00 12 Community Services Eastside Community Park City of Pasco-Community $147,000.00 $48,000.00 $48,000.00 $48,000.00 14 & Economic Development Code Enforcement Officer Kurtzman Paris Neighborhood City of Pasco-Public Improvements- Phase IV $249,959.00 $350,849.00 $350,000.00 15 Works (CT201 BG2) City of Pasco-Public ADA Accessibility- Handicap $250,000.00 $250,000,00 $298,240.00 16 Works JR,amp Retrofit S1,833,066.00 $1,521,053,001 $969,240.00 $401,000100 Entitlement (2012 Estimated) $ 510,000 Program Income(2012 Estimated) $ 10,000 Prior Year Reallocations (2008-2010) $ 449,240 Total Funds Available $ 969,240 Proposals Recommended $ 969,240 SURPLUS/DEFICIT $ 12/15/2011 RESOLUTION NO. A RESOLUTION AMENDING THE 2012 FEDERAL CDBG ALLOCATIONS AND ANNUAL WORK PLAN. WHEREAS, Resolution No. 3339 approving the Program Year 2012 Annual Work Plan for federally-funded Community Development Block Grant (CDBG) activities totaling $981,840 was, passed Council on September 6, 2011; and WHEREAS, the Eastside Community Park activity will riot proceed in 2012 and additional funds are needed for the Kurtzman Park Neighborhood Improvement Project and ADA Ramp Retrofit community infrastructure projects. WHl+.REAS, this funding revision regUires a substantial amendment to the 2012 Allocations and Annual Work flan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO- Section 1. 2012 CDBG funds budgeted by the City of Pasco shall be reprogrammed, reducing and reallocating funds to activities shown below: Increase/ Revised Activity (Decrease) Budget Eastside Community Park $ ('230,849.00) $ KLIr't2m211 Park Neighburhood Improvements- Phase IV $ 150,0f)0.00 $ 350,000.00 ADA Accessibility Handicap Ramp Retrofit $ 68,240.00 $ 218,240.00 PASSED by the City Council of the City of Pasco this day of . 2011. CITY OF PASCO: Matt Watkins Mayor A17EST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr CIVIC City Clerk City Attorney AGENDA REPORT l UR: City Council December ;4, 201 1 TO: Gary Crutchft ity Manager Regular Mtg.: 12l19lt 1 FROM: Rick White I� Community & Economic Development Director �� SUBJECT: Kurtzman Park Neighborhood Local Improvement District LID 149 1. IZEE ERENCE(S): I . Vicinity Map 2. Propos.-d Ordinance 3. Map of'proposed LID 149, LID A8 and LID 146 4. Original Preliminary Assessment Roil S. Revised assessments with additional CDBG funding 6. Memorandum to the City Manager 11, AChION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 12119: MOTION: I move to adopt Ordinance , creating LID 149 for the improvement of Hugo and the west side of Cedar Avenues and Alton Street, and further, authorize publication by summary only. 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 was completed in 2010 for the southern portion of the Kurtzman neighborhood using a combination of federal stimulus and Cojrtmur1ity, Development Block Grant (CDBG) funds and owner contributions. LID 148 for the middle portion of the neighborhood is nearly complete using CDBG funds and owner contributions, This last portion of the Kurtzman neighborhood was excluded from LID 148 due to lack of necessary right of way. C. Two neighborhood meetin;s were conducted this year (May and July) to explore the level of neighborhood interest in all LID. Almost all residents attending were interested in moving forward with the LID process — with the understanding that cost estimates for individual properties would need to be developed. D. Property owners were notified of the hearing anal provided with a preliminary assessment of costs that may be incurred should the LID be formed as required by law, E, Council conducted and closed the public hearing on the formation of LID 149 at the December 5`r', 2011 Meeting. Follow up on several issues from the 12/5 public hearing is included in Reference 46. V. DISCUSSION: A, Neighborhood improvements in areas lacking or experiencing decay of infrastructure is a longstanding Council goal, The use of CDBG monies for an area-wide benefit and for LID assistance can minimize the impact of improving neighborhood infrastructI.We on low income households. B. The cost for curb, gutter, sidewalk, street fights and street paving was estimated at $627,625 for the original boundaries of the LID. City Council had allocated $200.000 in 2012 CDBG funds as a means of financing a portion of the missing infrastructure in the proposed LID area. 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 LID's. Staff intends to request CDBG funds in the 2013 allocation process for financial assistance to qualifying owners if this LID is approved. 8(c) C. This phase of the Kurtzman Neighborhood Improvement project is unique in that there is insufficient right of way on all streets involved. The lack of available right Of way caused exclusion of the properties adjacent Sycamore Avenue from the preliminary assessment calculation. Most recently, owners on the west side of Cedar have dedicated the needed right of way, but several on the east side have not. This will require the exclusion of properties adjacent the east side of Cedar Avenue, The exclusion cf these properties will result in higher individual assessments than provided through the preliminary assessment roll and an estimated cost for the revised boundaries of the LID of$626,400. D. As a solution to the increase in assessments resulting from exclusion of`the east side of Cedar Avenue; a substantial amendment has been processed for the 2012 CDBG allocation. if approved by Council, this amendment would increase the CDBG portion of the project funding and slightly reduce the original preliminary assessments provided to the property owners. E. If both the reallocation of CDBG funds and an ordinance creating LID 144 are approved, the required 30 day comment period for the reallocation and the 30 day protest period for the LID formation can run concurrently. Amr hb.. .y '�� M�rte._.'-� ��� r -ar� �i 3 t• Y::� � IIR '� �... to Vt in JL V"w Spill i AL .t-�r�i_ I j��4 mil-• '-n'1"�` f -7 �' �- ►:a �� to i� k7 ,� • ,� � �., � Q11Y". �) �� � � .��r. �•L , s - Id�-iA..�li �•I -..r� . .� }.w �- `=;ir: � � �� � - � irk INA wc V% Wild LIO 146 fw � � r� �� � � ^' !t�•� � � .iii ��} �3� � � �� .��. z. CITY OF PASCO, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, relating to City street improvements; ordering the improvement of South Cedar and South Hugo Avenues and East Alton Street, to City street standards, all in accordance with Resolution No. 3348 of the City Council; establishing Local Improvement District No. 149, and ordering the carrying out of the proposed improvements; providing that payment for the improvements be made by special assessments upon the property in the District, payable by the mode of "payment by bonds'; and providing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds. WHEREAS, by Resolution No. 3348 adopted November 7th, 2011, the City Council declared its intention to order the improvement of South Cedar and South Hugo Avenues and East Alton Street to City street standards, to include street paving and street lighting; curb, gutter, sidewalk, additional paving, and storm drainage systems as required, Resolution No. 3348 fixed December 5, 2011, at 7:00 p.m., local time, in the City Council Chambers of the City Hall as the time and place for hearing all matters relating to the proposed improvement and all comments thereon and objections thereto and for determining the method of payment for the improvement; and WHEREAS, the City Engineer caused an estimate to be made of the cost and expense of the proposed improvements and certified that estimate to the City Council, together with all papers and inforniation in his possession touching the proposed improvement, a description of the boundaries of the proposed local improvement district and a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed district; and WHEREAS, that estimate is accompanied by a diagram of the proposed improvement showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by the proposed improvement and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property; and WHEREAS, due notice of the above hearing was given in the manner provided by law, and the hearing was held by the City Council on the date and at the time above mentioned, and all objections to the proposed improvement were duly considered by the City Council, and all persons appearing at such hearing and wishing to be heard were heard; and WHEREAS, the City Council has determined it to be in the best interests of the City that the improvement as hereinafter described be carried out and that a local improvement district be created in connection therewith; NOW, THEREFORE, -I- THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY ORDAIN as follows: Section 1, The City Council of the City of Pasco, Washington (the "City"), orders the improvement of the properties within the area described in Exhibit B, by the improvement of South Cedar and South Hugo Avenues and East Alton Street, to City street standards, to include street paving and street lighting; curb, gutter, sidewalk, additional paving, and storm drainage systems as required, as more particularly described in Exhibit A (the "Improvements"). The Improvements shall be in accordance with the plans and specifications therefor prepared by the City Engineer, and may be modified by the City Council as long as such modification does not affect the purpose of the Improvements. Section 2. There is created and established a local improvement district to be called Local Improvement District No. 149 of the City of Pasco, Washington (the "District"), the boundaries or territorial extent of the District being more particularly described in Exhibit B attached hereto and by this reference incorporated herein. Section 3. The total estimated cost and expense of the Improvements is declared to be $627,625 of which an estimated $276,413,08 shall be bome by and assessed against the property specially benefited by such Improvements included in the District which embraces as nearly as practicable all property specially benefited by such Improvements. Section 4. In accordance with the provisions of RCW 35.44.047, the City may use any method or combination of methods to compute assessments which may be deemed to more fairly reflect the special benefits to the properties being assessed than the statutory method of assessing the properties. Section 5. Local improvement district warrants may be issued in payment of the cost and expense of the Improvements herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No. 149, hereinafter created and referred to as the Local Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter by the City's Financial Services Manager, as issuing officer, and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued, such interest-bearing warrants to be hereafter referred to as "revenue warrants." In the alternative, the City hereafter may provide by ordinance for the issuance of other short-tern obligations pursuant to chapter 39.50 RCW. If the City shall authorize expenditures to be made for such Improvements (other than for any cost or expense expected to be borne by the City) prior to the date that any short-term obligations or local improvement district bonds are issued to finance the Improvements, from proceeds of interfund loans or other funds that are not, and are not reasonably expected to be, reserved, allocated on a long-term basis or otherwise set aside to pay the cost of the Improvements herein ordered to be assessed against the property specially benefited thereby, the City declares its official intent that those expenditures, to the extent not reimbursed with prepaid special benefit assessments, are to be reimbursed from proceeds of short-term obligations or -2- local improvement district bonds that are expected to be issued for the Improvements in a principal amount not exceeding$700,000. The City is authorized to issue local improvement district bonds for the District which shall bear interest at a rate and be payable on or before a date to be hereafter fixed by ordinance. The bonds shall be issued in exchange for and/or in redemption of any and all revenue warrants issued hereunder or other short-term obligations hereafter authorized and not redeemed in cash within twenty days after the expiration of the thirty-day period for the cash payment without interest of assessments on the assessment roll for the District. The bonds shall be paid and redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments, with interest at a rate to be hereafter fixed by ordinance under the made of"payment by bonds," as defined by law and the ordinances of the City. The exact fonn, amount, date, interest rate and denominations of such bonds hereafter shall be fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City Council hereafter shall detennine. Section b. In all cases where the work: necessary to be done in connection with the making of such Improvements is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for such work may be made in cash warrants drawn upon the Local Improvement Fund or by check or other lawful instrument through the City LID Construction Fund, LID 149 Account, for and on behalf of the District. Section 7. The Local Improvement Fund for the District is created and established in the office of the City Financial Services Manager. The proceeds from the sale of revenue warrants or other short-term obligations drawn against the fund which may be issued and sold by the City and the collections of special assessments, interest and penalties thereon shall be deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the Improvements and cash warrants in payment for all other items of expense in connection with the improvements may be issued against the Local Improvement Fund. Alternatively, payment to the contractor or contractors may be made through the City LID Construction Fund, LID 149 Account, for and on behalf of the District. Section 8. Within 15 days of the passage of this ordinance there shall be filed with the City Clerk the title of the Improvements and District number, a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of such Improvements to be borne by each lot, tract or parcel of land. The City Clerk immediately shall post the proposed assessment roll upon her index of local improvement assessments against the properties affected by the local Improvements. PASSED by the City Council and APPROVED by the Mayor of the City of Pasco, Washington, at a regular open public meeting thereof, this 19th day of December, 2011, -3- Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORVi: Leland B. Kerr, City Attorney _4. E,xhibit A LID 149 Kurtzman Area Phase 3 In-From-To Description of Limits In From To S. Hugo Avenue F. Alton Street F. Lewis Street S. Cedar Avenue (West half street) E. AIton Street E. Lewis Street E. Alton Street S. Hu o Street S. Cedar Avenue The LID 149 Imprauemcnts include road widening, curb, gutter, sidewalk, stom drain system, and street lighting, and associated improvements all to City street standards.— Exhibit A Exhibit B LID 149 Kurtzman Area Phase 3 Legal description of the boundary: That portion of the north half of the south half of Section 28, Township 9 North, Range 30 East, Willamette Meridian, in the City of Pasco, Franklin County, Washington more accurately described as follows: Commencing at; the center of Section 28, Township 9 North, Range 30 East, Willamette Meridian (W.M.), in the City of Pasco, Franklin County, Washington: thence, southerly along the center section line of Section 28, Township 9 North, Range 30 East, W.M., a distance of 30 feet to the south right-of-way line of East Lewis Street, being the True Point of Beginning; thence, westerly across the right-of-way of South Cedar Avenue to the southwest corner of East Lewis Street and South Cedar Avenue, thence, westerly along the south right-of-way line of East Lewis Street across the north line of Acre Park Addition, Block 1, Lot 1 and 14, continuing westerly across the right-of way of South Hugo Avenue; continuing westerly across the north line of Acre Park Addition, Block 2, Lot 1, to the northwest corner of said lot 1: thence, southerly along the west line of Lot 1, 2, 3, and 4; thence, continuing southerly along the west line of Short Plat 2002-16, Lot 1, 2, and 3, Short Plat 99-01, Lot 1, 2, and 3, and Short Plat 97- 19, Lot l and 2 to the southwest corner of said Lot 2; thence, continuing southerly across East Alton Street to the south right-of-way line of East Alton Street; thence. easterly along the south right-of-way line of East Alton Street to the west right-of-way line of South Cedar Avenue; thence easterly across the right-of-way of South Cedar Avenue to the center section line of Section 28, Township 9 North, Range 30 East, W.M., thence northerly along the section line a distance of 1,292 feet more or less, to the True Point of Beginning. Exhibit B - 1 CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"). hereby certify as follows: I. The attached copy of Orci finance No. (the -0rdinancc") is a bill, true and toiTett copy of an ordinance, duly passel at a regular meeting of the City Council of the City held at the regul ar meeting place thereof on December 5, 2011, as that ordinance appears on the minute book of the City; and the Ordinance will be in full farce and effect five days aver the publication cat'its summary in the City's nt'ticial newspaper; and 2. A quorum of the mernbers of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance, IN WITNESS WII2RC,0F, I have hereunto set nay hand this day of December, 2011. CITE` OF PASCO, WASHINGTON Debra L. Clark, City Clerk ---IP UL:J Bd L-11 I I I-TI I IU I I LE SEEN% N FF i ILL LU W • • Original Estimate: $6279625 J • • • • W • - z H T o w o E HELEN L_ <TT n C LISPELL - V OCUSTE Legend z 0 ...... I� .� N Original LID Boundary _ I3 TT E S U E CT J ND V IV Proposed LID 149a LID 148 LID 146 Houses _ "A" ST Proposed LID 149 LID 149 Kurtzman Park Area Phase 3 11/18/2011 Original Assessment Record Number Sidewalk ParcelNumberl Owner Name Total Assessment 1 Y 113832014 Cardenas,Juan&Adelina $ 16,509.72 2 Y 113832023 Cardenas,Juan &Adelina $ 8,021.89 3 N 113832701 Madden,Charles A $ 8,021.89 4 Y 113832041 GR8 House LLC $ 5,495.75 5 Y 113832050 Delgada,Silvestre&Teresa $ 2,969.61 6 N 113832069 Hill, Celestine $ 2,969.61 7 Y 113832078 Fabela,Joel P &Maria Angelica $ 7,011.44 8 Y 113832268 Birrueta, Rosa (ETAL) $ 4,586.34 9 Y 113832269 Rizzuto, Nichole $ 4,586.34 10 Y 113832270 Salagado, Rigoberto(ETAL) $ 4,586.34 11 Y 113837239 Herrera,Jose A(ETAL) $ 4,687.39 12 Y 113832248 Cruz,Antonio $ 4,687.39 13 Y 113832257 Mancera,Salvador $ 4,687.39 14 Y 113832103 Naranjo,Salvador&Carlota $ 5,495.75 15 Y 113832221 Lucatero,Rudolfo&Gloria $ 5,495.75 16 N 113831042 Leon,Jesus $ 13,074.17 17 y 113831131 Garcia,Erasmo&Maria $ 18,126.45 i8 y 113831205 Mendez, Maria (ETAL) $ 4,687.39 19 Y 113831196 Ocampo,Jesus $ 4,687.39 20 Y 113831187 Barajas,Jose G $ 4,687.39 21 Y 113831159 Gomez,William $ 7,011.44 22 Y 113831060 Meila, Manuel C $ 3,980.07 23 Y 113831079 Jackson,Gemella Smith $ 3,980.07 24 Y 113831088 Silva,Veronica(ETAL) $ 6,000.98 25 Y 113831097 Sreeatos,Javier $ 4,990.53 26 Y 113831104 Montes,Rosa 1 $ 3,980.07 27 Y 113831113 Robertson,Bruce H $ 4,990.53 28 N 113831122 Iribarren,J R(Jamie) $ 18,126.45 29 N 113831015 Rada&Sons, Inc $ 38,335.57 30 Y 113831024 Murphy,Alice 8 $ 62,586.52 31 Y 113831033 Robinson, Rikle $ 18,126.45 32 Y 113900085 Salinas,Julian $ 31,262.38 33 y 113900075 Zepeda,Jose&Maria $ 31,262.38 34 N 113900066 Montez, Edward& Elizabeth $ 30,757.15 35 Y 113900057 Amarawest Corporation $ 7,011.44 36 y 113900048 McClure,Jeffery&Jennifer M $ 20,147.37 Totals 1 $ 427,624.79 4YQM.lAwM+ �r-i It1G0 AVE �� N--WUGO A W Oo -4 U1 U; A, cr 1 1 ` S16 S10 T 1 [Ij }16 LU )48 lek HUG0-AVE Nr ♦! _ s--F!i}c0 AVE _ 5R� 403, .' Sol 227 1 d ,.r h ]OP r 21, ,��^ ,23 cn 1 (D - S18 A 'p ;77 O w w CIO N r CD S. CEDAR _ - -S. £ERAf� -AVE - - _— �- D R- /V tot- - �� (l� � � O /� .mil /O + 3 ' r \V cr 4 �y I CD cn Fri W o 0 f-F-ALL0�1 GT x . t yt �, N. HARV [4 fK � r a Kurtzman's Area Phase 3 Preliminary Revised Boundary with increased CDBG 12/1/2011 Record Number Sidewalk Parcel Number Owner Name Total Assessment 1 Y 113832014 Cardenas,Juan&Adelina $ 15,277.28 2 Y 113832023 Cardenas,Juan&Adelina $ 7,097.85 3 N 113832201 Madden,Charles A $ 7,097.85 4 Y 113832041 GR8 House LLC $ 4,663.49 5 Y 113832050 Delgador Silvestre&Teresa $ 2,229.13 6 N 113832069 Hill,Celestine $ 2,229.13 7 Y 113832078 Fabela,Joel?&Maria Angelica $ 6,124.10 8 Y 113832268 Birrueta,Rosa(ETAL) $ 3,787.12 9 Y 113832269 Rizzuto,Nichole $ 3,787.12 10 Y 113832270 Salagado, Rigoberto(ETAL) $ 3,787.12 11 Y 113832239 Herrera,lose A{ETAL) $ 3,884,50 12 Y 113832248 Cruz,Antonio $ 3,88A.50 13 Y 113832257 Mancera,Salvador $ 3,884,50 14 Y 1 113832103 Naranjo,Salvador&Carlota $ 4,663,49 15 Y 113832221 Lucatero, Rudolfo&Gloria $ 4,663.49 16 N 113831042 Leon,Jesus $ 11,966.56 17 Y 113831131 Garcia,Erasmo&Maria $ 16,835.27 18 Y 113831205 Mendez,Maria(ETAL) $ 3,884.50 19 Y 113831196 Ocampo,Jesus $ 3,884.50 20 Y 113831187 Barajas,Jose G $ 3,884.50 21 Y 113831159 Gomez,William $ 6,124.10 22 Y 113831060 Mejia,Manuel C $ 3,202.88 23 Y 113831079 Jackson,Gemella Smith - $ 3,202.88 24 Y 113831088 Silva,Veronica(ETAL) $ 5,15C.36 25 Y 113831097 Sreeatos,Javier $ 4,176.62 26 Y 113831104 Montes,Rosa 1 $ 3,202.88 27 Y 113831113 Robertson,Bruce H $ 4,176.62 28 N 113831122 Iribarren,J R(Jamie) $ 16,835.27 29 N 113831015 Rada&Sons,Inc $ 36,310.13 30 Y 113831024 Murphy,Alice B $ 59,679.95 31 Y 113831033 Robinson, Rikie $ 16,835.27 Totals $ 276,412.96 \\EP5ILAN\Engmeer ng\Englnering Working Folder\+Proj-UD's\C2.11.81-5TR LID 144 Kurtrman's Phase 3\FOrmamn\Kvrtsman4sA55m[?'Lase 3101411 -+may-rT:.--`--r . S. .IUGC AVE r ` N. HJCD 'Al cr N e I ti s' +od x•� ••�1 `1 5, 'NUGO AVE ,- -— .- J li1Go •�.� • r �� r,�-; - --� -'�- - . � fit• '�'. b;, .. , '� S: WALDI NVE Jj Wl f �I (D N En w S. CMAK AV CEDAR r'— C: � tow 1. � [1" ,� ^ •,� � tie r .�� '. C. .I .y;, ..`;,:'.. '`"fir'•� -� '� (.� E t LLO -4� 1 MEMORANDUM DATE: December 7, 2011 TO: Gary Crutchfield, City Manager FROM: Rick White, Director Community & Economic Development SUBJECT, '_ LQ29Sp ICy± zrn in City Council requested follow-up on several items from the public hearing on the Kurtzman L.I.D. 149 conducted on December 5`h. Council expressed interest in the process established through PMC 1.2,08 which allows City Council to establish an order for the installation of sidewalks along any city street. For reference Section 12.08 is attached. This section of the PMC allows installation of public sidewalk to be ordered by City Council when it has been determined that public convenience or safety requires such installation. PMC 12.08 describes the process for notice to the owners and procedures for guaranteeing such construction. The process is similar to the local improvement district process, and provides for a lien against the property if sidewalk installation does not occur within the time specified by Council Order. If irregular sidewalk installation occurs within the LID area because of the lack of dedicated right of way — the installation of sidewalks could be required for safety reasons. The Kurtzman Neighborhood Plan, which was approved in 2007, also notes the residents chose "safety for persons and property" and "presence and maintenance of public infrastructure" as the two most important characteristics of a good neighborhood. The right of way inventory map (attached) as presented to Council at the December 5`h hearing is accurate. All properties shown in blue as having dedicated right of way are correctly indicated, A citizen testifying did not believe she had signed the dedication deed, but a review of the dedications showed that both owners (husband and wife) signed the dedication deed. The estimated cost for installation of sidewalk per lineal foot is $12.20. This cost is an estimating number when the sidewalk is a component of a larger project with crews and equipment mobilized. A private land owner wishing to install sidewalk without the benefit of having such mobilized crews and equipment in the immediate vicinity is likely to pay a higher amount per lineal foot for sidewalk installation. This cost would be influenced by contractor availability, time of the installation and scale of the project and is estimated at $20 per lineal foot, Community Development Block Grant (CDBG) funds were added to the total project costs to replace the estimated assessment of those properties on the east side of Cedar Avenue that have been excluded from the proposed L.I.D. boundaries. The original allocation of CDBG funds approved by Council in September of this year was $200,000. Additional CDBG funds of $150,000 have been added ($350,000 total CDBG) so the revised estimated assessments are slightly less than those provided to the property owners through the original preliminary assessment roll. CHAPTER 12.08 SIDEWALK CONSTRUCTION Sections; 12.08.010 SCOPE OF CHAPTER - SIDEWALK DEFINED.....................................7 12.08.020 REPORT OF REQUIRED CONSTRUCTION .........................................7 12.08.030 RESOLUTION FOR CONSTRUCTION - NOTICE TO OWNER ...............7 12.08,040 CONTENTS OF RESOLUTION AND NOTICE......................................7 12.08,050 SERVICE OF NOTICE......................................................................8 12.08.060 ORDER TO CONSTRUCT - NONCOMPLIANCE PROCEDURE................8 12.08.070 ASSESSMENT ROLL - HEARING - NOTICE..................—.—...............8 12.08.080 ASSESSMENT LIEN - COLLECTION ..................................................8 12.08.090 CHAPTER CUMULATIVE ,.................................................................9 12.08.100 MAINTENANCE OF SIDEWALKS.......................................................9 12.08.010 SCOPE OF CHAPTER - SIDEWALK DEFINED. For the purpose of this chapter, all property having a frontage on the sidewalk margin of any street or other public place shall be deemed abutting property, and such property shall be chargeable as provided in this chapter with all costs of construction of any form of sidewalk improvement between the margin of the street or other public place and the roadway lying in front and adjacent to the property; and the term "sidewalk" as used in this chapter means and includes any and all structures and forms of improvements included in the space between the street margin and the roadway known as the sidewalk area. (Prior code Sec. 9-4.04.) 12.08.020 REPORT OF REQUIRED CONSTRUCTION. If in the judgment of the officer or department having superintendent of streets and public places in the City, public convenience or safety requires that a sidewalk be constructed along either side of any street, he shall report the fact to the City Council immediately. (Prior code Sec. 9- 4.08.) 12.08.030 RESOLUTION FOR CONSTRUCTION - NOTICE TO OWNER. If upon receiving a report from the proper officer, the City Council deems the construction of the proposed sidewalk necessary or convenient for the public it shall be an appropriate resolution order the sidewalk constructed and shall cause a written notice to be served upon the owner of each parcel of land abutting upon that portion and side of the street where the sidewalk is constructed, requiring him to construct the sidewalk in accordance with the resolution. (Prior code Sec. 9-4.12). 12.08.040 CONTENTS OF RESOLUTION AND NOTICE. The resolution and notice and order to construct a sidewalk shall: (1) Describe each parcel of land abutting on that portion and side of the street where the sidewalk is ordered to be constructed; (2) Specify the kind of sidewalk required, its size and dimensions, the method and material to be used in construction; PMC Title 12 7/5/2011 7 (3) Contain an estimate of the cost thereof; and (4) State that unless the sidewalk is constructed in compliance with the notice, and within a reasonable time therein specified, the City will construct the sidewalk and assess the cost and expense thereof against the abutting property described in the notice. (Prior code Sec. 9-4.16.) 12.08.050 SERVICE OF NOTICE. The notice shall be served; (1) By delivering a copy to the owner or reputed owner of each parcel of land affected, or to the authorized agent of the owners; or (2) By leaving a copy thereof at the usual place of abode of such owner in the City with a person of suitable age and discretion residing therein, or if the owner is a nonresident of the City and his place of residence is known, by mailing a copy to the owner addressed to his last known place of residence; or (3) If the place of residence of the owner is unknown or if the owner of any parcel of land affected is unknown, by publication in the official newspaper of the City once each week for two successive weeks. Such notice shall specify a reasonable time within which the sidewalks shall be constructed which in the case of publication of the notice shall not be less than sixty days from the date of the first publication of such notice. (Prior code Sec. 9-4.20.) 12.08.060 ORDER TO CONSTRUCT - NONCOMPLIANCE PROCEDURE. If the notice and order to construct a sidewalk is not complied with within the time therein specified, the officer or department having the superintendent of streets shall proceed to construct the sidewalk forthwith and shall report to the City Council at its next regular meeting or as soon thereafter as is practicable an assessment roll showing each parcel of land abutting upon the sidewalk, the name of the owner thereof if known, and apportion the cost of the improvement to be assessed against each parcel of such land. (Prior code Sec. 9-4.24.) 12.08.070 ASSESSMENT ROLL - HEARING - NOTICE. The City Council shall set a date for hearing any protests against the proposed assessment roll and shall cause a notice of the time and place of the hearing to be published for two successive weeks in the official newspaper of the City, the date of the hearing to be not less than thirty days from the date of the first publication notice. At the hearing or at any adjournment thereof the City Council by ordinance shall assess the cost of constructing the sidewalk against the property in accordance with the benefits thereto. (Prior code Sec. 9-4.28.) 12.08.080 ASSESSMENT LIEN - COLLECTION. The assessments shall become a lien upon the respective parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments and shall bear interest from the date of the approval of the assessment thereon at the rate as provided by ordinance. (Ord, 2211 Sec. 1, 1980; prior code Sec. 9-4.32.) PMC Title 12 7/5/2011 8 12.08.090 CHAPTER CUMULATIVE. This chapter shall not be construed as repealing or amending any provisions relating to the improvement of streets or public places by special assessments commonly known as local improvement laws, but shall be considered as additional legislation and auxiliary thereto. (Prior code Sec. 9-4.36.) 12.08.100 MAINTENANCE OF SIDEWALKS. Whenever any street, lane, square, place or alley in the City has been improved by the construction of a sidewalk along either side thereof the duty, burden, and expense of maintenance, cleaning, repair, and renewal of such sidewalks, including the erection and maintenance of suitable barriers of wood, iron or masonry along the outer margin of such sidewalk where the same is elevated more than two feet above the abutting property, shall devolve upon the owner of the private property directly abutting on the sidewalk, and the improvement shall be made by the owner in the manner provided by the ordinances of the City, and the laws of the state. (Prior code Sec. 9-4.40.) PMC Title 12 7/5/2011 9 50' S0, 60' r..... E IS �T .. . ....� q _� 0 CARDE CHAVEZ CARDENA IRIBARRE MCCLURE 5 Feet 5 Feet 20 Feet { - RADA I I SERTS01-4 SONS �, OROZCO CARDENA 5 Feet 20 Feet AM _ MONTES 2@ Feet tOZCO Feet - -- i �r, SeRRATOS i kIRIBE MAPEN 16 Feet W SILVA i---� 5 Feet I ' GR5 FBet - MONTEZ ' Q CAMPBELL W JASON wl -" RAMIREZ W PHIL KWOK 5 Feet OI CAMPBELL FA 100 GOMEZ MURP 5 Pee 5 Feet .I 20 Feet # J Q BIRRUt1 = ! WRAJAS W CONROY 5 Fee RIZZ4q *CAMPO ZEPEDA SALGW OENDEZ HERRECK • GARCIA ROBIN CAMPBELL LENZ CRUX_- 5 Feet 20 Feet CAMPIL MANCA I -- — -- NARANN Legend 5 Feet ! MVRPH ON 20 Feet �..... GRE ER SCALES LUCAS Original Boundary 5 Feet' Proposed LID 149 So ; LT ,� ]] _ Dedication Received I I I ROW Width Needed —Neighborhood Improvement Area 16 Churches ROW Widths IP Houses AGF'NDA REP01U' FOR; City Counc December 15, 2011 TO; Gary Crutcltfi ty Manager Workshop Mtg..- 12/12/1 1 Rick White. Regular Mtg.: 12/19/1 1 Community & con uric Development Director F1W FROM: Jeffrey S. Adams, Associate Planner 5IJBJEC"f: Code Amendment: rabbits and Hens in Residential Zones (MF# CA 201 1-0051 1. REFERENCES I. Proposed Ordinance 2, Altemative Proposed Ordinance 3. Staf'finemo to the Planning Commission dated 11/11/11 4. Planning Continission Minutes dated 10/20/2011 and 1 111711 1 5, Summary Table 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12119: Motion for Findings., I move to adopt the Findings as contained in the staff memo to the Planning Corarnission dated November 17, 2011. Motion for Ordinance: I move to adopt Ordinance No. , an Ordinance amending PMC Chapters 25.20, 25.22, 25.24, 25.26, 25.28, 2530, 25.32, 25.34, 25.36, and 25.38; to allow for the keeping of rabbits and chicken liens in residential zones rated, further, authorize publication by summary only. Motion for Alternative Ordinance: I move to adopt Alternative Ordinance No. , an Ordinance amending PNIC Chapters 25.20, 25.22, 25.24, 25.26, 25.28, 2530, 25.32, 25.34, 25.36, and 2538; to allow for the keeping of rabbits and chicken liens in residential zones and. further, authorize publication by summary only. 11I. FISCAL IMPACT: DUNG IV. HISTORY AND FACTS BRIEF: A. On October 20"' 2011 the Planning Commission held a workshop to discuss an arttendment to the "R" (Residential) district regulations that to allow for the keeping of laying liens in residential zones provided certain performance requirements are )net. B. During the workshop the provision for the keeping of rabbits was added to the discussion, and On November 17, 2011 the Planning Commission held a public, hearing to consider the keeping of both ray bits and laying hens in residential zones. C. Following the workshop tic Planning Commission recommended approval of the proposed code amendments as contained in Reference#1. D. City Council field a workshop meeting on 11121812011 and 1.2/12/2011 where concerns were raised about the interpretation of the word "lien" to mean 11),Al other than barnyard variety thicken hens, and noise and placement of lien/rabhit structures. V. DISCUSSION: A. Rabbits and chickens are already allowed in the RS-20, RS-12, and R-S-1 zones, but with a mininuun lot size of 22,000 square feet for up to 20 rabbits/Ittris, or a Miltil LIM ol*32,000 scltutre feet for up to 40 rabbits/hens. B. The proposed amendment would allow fbe up to three rabbits or three hens, along with up to three cats or three dogs, or a combination not v.) exoeed six total animals on lots less than 22,000 square feet in the RT, RS-20, RS-12,and R-S.-I zones, and in the R�i, R-1-A, R-1-A2, R-2, R-3, and R-4 zones with a 5,000 square-foot minimum lot size, wheel occupied by a single-family Structure. 8(d) C. Development standards in the original proposed ordinance would require rabbit hutches or chicken coops and runs to be set back a minimum of 10' from neighboring yards to prevent possible nuisances. D. Roosters are prohibited on lots with less than 22,000 square feet. E. The RT (Residential Transition) zone was also amended to address animals where PMC 25.20 was otherwise silent. F. The term "hens" has been replaced by "chicken hens," in order to clarify that this provision does not apply to other fowl,such as peacocks, geese or ducks. G. Below is an existing section from the PMC (Title 9.60 Public Nuisances) that addresses noise and odor concerns: 9.60.030 SPECIFIC NUISANCES. The following specific acts, omissions, places, conditions, and things are declared to be nuisances: (2) The keeping of rabbits, chickens, goats, pigs, bees, mules, horses, mink,dogs, cats; muskrats, or anv other animals within the city limits of the city that are of such nature as to create offensive smells, noises and conditions in the vicinity in which they are kept, H. Based on Council discussion and concerns, limitations have been added to the proposed ordinance to place a maximum size of 30 square feet and a maximum height of 6 feet on coops/hutches. 1. An alternative ordinance (Reference # 2) has been developed which incorporates tine size and height limits described above and also adds another placement restriction on coops and :L-utches. The additional restriction would limit coops/hutches to backyard locations only (behind the rear line of the dwelling). ORDINANCE NO. AN ORDINANCE RELATING TO ZONING AND AMENDING PMC TITLE 25 DEALING WITH RABBITS AND CHICKEN HENS IN RESIDENTIAL ZONING DISTRICTS. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and ensure that the public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly cro,wth and development of the city, and, WHEREAS, the City Council has reviewed the Planning Coinmission's recommendations, and has determined that to further the purpose of the comprehensive planning and to maintain and protect the welfare of the community, it is necessary to ,imend PMC Title 25, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 25.20.030 of the Pasco Murucipal Code be and the same is hereby amended to read as follows: 25.20.0 30 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory in the R-T district: (1) Accessory dwellings; (2) Home occupations (see definition in Section 25.12,220); (3) Ranch and farm buildings appurtenant to an agricultural use and agricultural used (limited). as defined in Section 25.12.040, except that the keeping of animals shall be omitted on parcels consisting of at least ten thousand (10,000) square feet over and above an area equal in size to 12.000 square feet set aside for the dwelling on the parcel; and (4) Uses incidental and customary to a permitted use. (Ord. 3354 Sec. 2, 1999); (5) The keeping of dogs and cats provided such number of animals does not exceed three clag,s acrd three cats_; For lots with a minimum of 5,000 square feet but less than 22,000 square feet and containing only one single-family dwelling unit, the keeping of dos cats rabbits and chicken hens, provided such number of animals does not exceed three dogs, and/or three tats and/or three rabbits and/or three clucken hens the total number of animals not to exceed six: in all cases. animals shallot be-kllp eci_skroarn or fly to other properties: roosters are not allowed, Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line. and may not exceed six (6) feet in height and thin 30 square feet in size. Property owners shall not allow such structures to become a nuisance due to noise or odor. Page 1 of 13 Section 2. That Section 25.22.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.22.0 30 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-S-20 suburban district: (I) Detached residential garages as defined in Section 25.12.200, provided they do not exceed the height of 18 feet and are no larger than 1,200 square feet in area; (2) Home occupations as defined in Section 25.12.220; (3) Storage buildings not exceeding 480 square feet of gross floor area and fifteen feet in Height; provided no container storage, as defined in Section 25.12.430, shall be permitted. For each additional 20,000 square feet of lot area, the gross floor area of storage sheds can be increased by 400 square feet; (4) Agricultural uses (limited), as defined in Section 25.12.040, except that the keeping of animals shall be permitted on parcels consisting of ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel, (5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full ten thousand squai-e foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel; provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership; and provided said number of chickens, fowl or rabbits does not exceed 2 animal units; (6) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (7) Family day care home in conformance with WAC 388-73 as now existing and as amended and PMC Chapter 25.66; and (8) Accessory dwellings. (Ord. 3688 Sec. 1, 2004; Ord. 3354 Sec. 2, 1999.) y) For lots with a minimum of 5,000 square feet but less than 22.000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats. rabbits, and chicken hens, provided such number of animals does not exceed three dogs, and/or three cats. and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six. in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not aIIowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any proper y line, and niav not exceed six (6) feet in height and thirty (30) square feet in size. Property owners shall not allow such structures to become a nuisance due to noise or odor. Section 3. That Section 25.22.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.22.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Twenty thousand (20,000) square feet; (2) Density: One dwelling unit per lot, except as provide in 25,22.030 (8); (3) Maximum Lot Coverage: Forty (40) percent; (4) Minimum Yard Setbacks; (a) Front: Twenty-five (25) feet. Page 2 of 13 (b) Side: Ten (10) feet. (c) Rear: Principal Building: Twenty-five (25) feet. Accessory structures, Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. (5) Maximum building height; (a) Principal building. Thirty-five (35) feet, except a greater height may be approved by special permit. (b) Accessory buildings: Fifteen (15) feet, (6) Fences and hedges: See Chapter 25.75; (7) Parking: See Chapter 25.78; (8) Landscaping: See Chapter 25.75; and (9) Residential Design Standards: See Chapter 25,70.085. (Ord. 3731 Sec. 4, 2005; Ord. 3354 Sec. 2, 1999.) Section 4. That Section 25.24.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.24.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-S-12 suburban district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed 18 fee' ii: height and 1,200 square. feet in area; (2) Nome occupations as defined in Section 25.12.220; (3) Storage buildings not exceeding 260 square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted. For each additional I2,000 square feet of lot area the gross Moor area of storage sheds can be increased by 260 square feet; (4) Agricultural uses (limited), as defined in Section 25.12.040, except that the keeping of animals shall be permitted on parcels consisting of ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel; (5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full ten thousand square foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel; provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership; and provided said number of chickens, fowl or rabbits does not exceed 2 animal units; (6) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (7) Family day care home in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; and (8) Accessory dwellings, (Ord, 3688 Sec. 2, 2004; Ord. 3354 Sec, 2, 1999.) (9) For lots with a minimum of 5,000 square feet but less than 22.000 square feet and containin only one sine.de-fancily dwelling unit, the keeping of dogs, cats. rabbits, and chicken hens, provided such number of animals does not exceed three dogs. and/or three cats and/or three rabbits and/or three chicken hens the total number of animals not to Page 3of13 exceed six; in all cases animals shall not be allowed to roam or fly to other properties, roosters are not allowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line, and may not exceed six (6) feet in height and thirty (30) square feet in size. Property owners shall not allow such structures to become a nuisance due to noise or odor. Section 5. That Section 25.24.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.24.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Twelve thousand (12,000) square feet; (2) Density: One dwelling unit per lot, except as provide in 25.24.030 (8); (3) Maximum Lot Coverage: Forty (40) percent; (4) Minimum Yard Setbacks: (a)Front: Twenty-five (25) feet. (b) Side: Ten (10) feet, (c) Rear: Principal Building: Twenty-five (25) feet. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. (5) Maximum building height: (a) Principal building. Thirty-five (35) feet, except a greater height may be approved by special permit. (b) Accessory buildings: Fifteen (15) feet. (6) Fences and hedges: See Chapter 25.75; (7) Parking: See Chapter 25.78; (8) Landscaping. See Chapter 25,75; and (9) Residential Design Standards: See Chapter 25.70.085 (Ord. 3731 Sec. 6, 2005; Ord, 3 354 Sec. 2, 1999.) Section b. That Section 25.26.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.26.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-S-1 suburban district: (l) Detached residential garages as defined in Section 25.12.200, provided they do not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square feet or more the height may be increased by 3 feet and the area may increase by 200 square feet; (2) Home occupations as defined in Section 25.12.220; (3) Storage buildings not exceeding 200 square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, will be permitted; (4) Agricultural uses (limited), as defined in Section 25,12.040, except that the keeping of animals shall be permitted on parcels consisting of ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling or. the parcel; Page 4 of 13 (5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full ten thousand square foot increment of land over and above an area equal in size to I2,000 square feet set aside for the dwelling on the same parcel, provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership, and provided said number of chickens, fowl or rabbits does not exceed 2 animal units; (6) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (7) Family day care home in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; and (8) Accessory dwellings. (Ord. 3688 Sec. 3, 2004; Ord. 3354 Sec. 2, 1999.) 9 For lots with a minimum of 5.000 square feet but less than 22,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits and chicken hens. provided such number of animals does not exceed three dogs. and/or three cats. and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property-line, and may not exceed six (6) feet in height and thirty (30) square feet in size. Property owners shall not allow such structures to become a nuisance due to noise or odor. Section 7. That Section 25.26.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.26.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Ten thousand (10,000) square feet; (2) Density: One dwelling unit per lot, except as provided in 25.26.030 (8); (3) Maximum Lot Coverage: Forty (40) percent; (4) Minimum Yard Setbacks: (a) Front: Twenty (20) feet. (b) Side: Principal building: Ten (10) feet. Accessory structures: Five feet, provided the accessory structure is located behind the rear building line. (c) Rear: Principal Building: Equal to the height of the dwelling. Accessory stnictures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. (5) Maximum building height: (a) Principal building. Twenty-five (25) feet, except a greater height may be approved by special permit. (b) Accessory buildings: Fifteen (15) feet. (6) fences and hedges: See Chapter 25.75; (7) Parking: See Chapter 25.78; (8) Landscaping: See Chapter 25.75; and Page 5 of 13 (9) Residential Design Standards: See Chapter 25.70.085. (Ord, 3731 Sec. 8, 2005; Ord. 3354 Sec. 2, 1999.) Section S. That Section 25.28,030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.28.030 PERMITTED ACCESSORY USES, The following uses shall be permitted as accessory to a permitted use in the R-1 low density residential district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square feet or more the height may be increased by 3 feet and the area may increase by 200 square feet; (2) Home occupations, as defined by Section 25,12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single-family dwelling, One off-street parking space, per roomer, must be provided in addition to the requirement set forth under Section 25,78,170(5); (5) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (6) Family day care homes in conformance with WAC 388-73 as now existing anc: as amended and Chapter 25.66; and (7) Accessory Dwellings. (Ord. 3688 Sec. 4, 2004; Ord. 3354 Sec. 2, 1999.) (8) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs, and/or three cats and/or three rabbits and/or three chicken hens the total number of animals not to exceed six; in all cases animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Section 9. That Section 25.28.050 of the Pasco Municipal Code be and the saute is hereby amended to read as follows: 25.28.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Seven thousand two hundred (7,200) square feet (2) Density: One dwelling unit per lot, except as provide in 25.28.030 (7); (3) Maximum Lot Coverage: Forty (40) percent; (4) Minimum Yard Setbacks: (a) Front: Twenty (20) feet. (b) Side: Five (5) feet. (c) Rear: Principal Building: Equal to the height of the dwelling. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line. and may not exceed six (6) feet in height and thirty (30) square feet in size. Page 6of13 Property owners shall not allow such structures to become a nuisance due to noise or odor (5) Maximum building helght: (a) Principal building. Twenty-live. (25) feet, except a greater height may be approved by special Permit, (b) Accessory buildings: Fifteen (15) ieet. (6) Fences and hedges: See Chapter 25.75; (7) Parking,: See Chapter 25.78; (8) Lmidscciping: See L_',h:apter 25.75; and (9) Residential Design Standards: See Chapter 25.70.085 (turd. 3751 See. 10, 2005; Ord. 1354 Sec. 2 I999) Section 10, That Section 2530.030 of the Pasco Mr;nicipal Code be and the same is hereby amended to read as follows: 25,370.0"M PERMITTED ACCESSORY USES, The following uses shall be permitted as accessory to a permitted Use in the R-I-A District; (1) Detached residential garages, as defined in Section 25,12.200, provided they clo nut exceed fifteen feet in height and 1,000 syuarc tcct in area; (2) Home occupations, as defined in Section 25, 12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fit-'teen feet in height; provided no container storage, as define in Section 25.12.430, shall be permitted; (14) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single-family dwelling, One off-street parking space, per roomer, must be provided in addition to the requirement set forth under Section 25.78.170(5); (5) TI)e koepi ag, of dogs and cars, pro%ided such number of animals mines not exceed three dogs and three vats; (6) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; and (7) Accessory Dwellings. (Ord. 3731 Sec. 11, 2005; Ord. 3354 Sec:, 2, 1999,) (8) On lots with a minimum of 5.000 square feet and containing: only one single-family dwellin x unit, the keeping of dos cats rabbits and chickens for personal use provided such number of animals does not exceed three dogs and/or three cats, and/or three rabbits, and/or three chicken hens, the total number of animals not to exceed six, ill all cases. animals shall not be allowed to roam or fl y to rather en rt es,; rooster:; are not allowed; Section 11. That Section 25.30.050 of the Pasco Municipal Code be and the saint is liere.by amended to read as follows: 25,30,050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Seven thousand two hundred (7,200) square feet; (2) Density; One ClWelling unit per lot, except as provided in 25._30,030 (7); (3) Maxinallm Lot Coverage.- Forty (40) percent; (4) Minimum 5'ard Setbacks: (a) FronT: T-vetaty (20) feet, (b) Side: ]give (5) feet Page 7 of 13 (c) Rear: Principal Building: Equal to the height of the dwelling, but not less than ten (10) feet. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. Structures related to rabbits and/or chicken hens, such as rabbit Butches and/or chicken coops, must be at least ten (10) feet from any property line, and may not exceed six (6) feet in height and thirty (30 square feet in size, Property owners shall not allow such structures to become a nuisance due to noise or 2LI (5) Maximum building height; (a) Principal building. Twenty-five (25) feet. (b) Accessory buildings: Fifteen (15) feet. (6) Fences and hedges: See Chapter 25.75; (7) Parking: See Chapter 25.78; and (8) Landscaping: See Chapter 25,75, (Ord. 3354 Sec, 2, 1999.) Section 12, That Section 25.32.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.32.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-1A2 District; (1) Detached residential garages, as defined in Section 25,12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area; (2) Horne occupations, as defined in Section 25.12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height, provided no container storage, as define in Section 25.12.4330, shall be permitted; (4) The renting of rooms for lodging purposes only, provided, however, such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space, per roomer, must be provided in addition to the requirement set forth under Section 25.78.170(5); (5) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats; (6) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; and (7) ,Accessory dwellings. (Ord. 37;1 Sec. 12, 2005; Ord, 3354 Sec. 2, 1999.) (8) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keepin- of does, and cats, rabbits, and chickens for personal use, provided such number of animals does not exceed three dogs and/or three cats, and/or three rabbits and/or three chicken hens the total number of animals not to exceed six, all cases. animals shall not be allowed to roam or fl y to other ro ernes: roosters are not allowed: Section 13. That Section 25.32.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.32.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Seven thousand two hundred (7,200) square feet; Page 8 of 13 (2) Density: One dwelling unit per lot, except as provided in 25.32.030 (7); (3) Maximum Lot Coverage: Forty (40) percent; (4) Minimum Yard Setbacks: (a) Front: Twenty (20) feet. (b) Side: Five(5) feet. (c) Rear: Principal Building: Equal to the height of the dwelling, but not less than ten (10) feet. Accessory structures. Accessory structures adjacent an alley may he placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet, V here there is no alley, the setback shall be five (5) feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coos must be at least ten 10 feet front anv property propgrty line and may not exceed six 6 feet in height and thirty 30 square feet in size. Property owners shall not allow such structures to become a nuisance due to noise or odor; (6) Maximum building height: (a) Principal building. Twenty-five (25) feet. (b) Accessory buildings; Fifteen (15) feet (7) Fences and hedges: See Chapter 25.75; (8) Parking: See Chapter 25.78; and (9) Landscaping: See Chapter 25.75. (Ord. 3354 Sec. 2, 1999.) Section 14. That Section 25.34.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25,34.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-2 district: (1) Detached single family residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area; (2) Home occupations as defined by Section 25.12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (6) The renting of' rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single family dwelling. One off-street parking space per roomer must be provided in addition to the requirement set forth under Section 25.84.170(5); and (7) Accessory dwellings in single family homes. (Ord. 3354 Sec. 2, 1999.) (8) On lots with a minimum of 5.000 square feet and containing onlv one single-family dwellint; unit the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including does, cats, rabbits, and chicken hens) does not exceed six; in all cases, animals shall not be allowed to roam or fly to other J?copertie�- ro ters are not allowed. Page 9 of 13 Section 15. That Section 25.34.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25,34.050 DEVELOPMENT STANDARDS. (1)Minimum lot area: Five thousand (5,000) square feet; (2) Density: One dwelling per 5,000 square feet of lot area except as provided in 25.34.030 (7); (3) Maximum Lot Coverage: Forty (40) percent; (4) Minimum Yard Setbacks: (a) Front: Twenty (20) feet. (b) Side: Five (5) feet. (c) Rear: Principal Building: Equal to the height of the dwelling. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. Structures related to rabbits and,'or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from anZ property line. and may not exceed six (6) feet in height and thirty (30) square feet in size. Property owners shall not allow such structures to become a nuisance due to noise or odor; (5) Maximum building height: (a) Principal building: Twenty-five (25) feet, except a greater height may be approved by special permit. (b) Accessory buildings: Fifteen (15) feet. (6) fences and hedges: See Chapter 25.75; (7) Parking: See Chapter 25.78; (8) Landscaping: See Chapter 25.75; and (9) Residential Design Standards: See Chapter 25.70.085. (Ord. 3731 Sec. 14, 2005; Ord. 3354 Sec. 2, 1909.) Section 16. That Section 25.36.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.36.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted used in the R-3 district: (1) Detached single fancily residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1;000 square feet in area; (2) Home occupations as defined by Section 25.12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The keeping of dogs and cats provided such number of animals does no: exceed three dogs and three cats; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per Page 10 of 13 roomer must be provided in-addition to the requirement set forth under Section 25.78.170(5); and (7) Accessory dwellings in single family homes. (Ord. 3354 Sec. 2, 1999.) 8) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit. the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dos cats rabbits. and chicken hens' does not exceed six: in all cases animals shall not be allowed to roam or fly to other properties; roosters are not allowed; Section 17. That Section 25.36.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.36.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Five thousand (5,000) square feet; (2) Density: One dwelling unit per 5,000 square feet of lot area for single family dwellings and 3,000 square feet of lot area for multiple family dwellings; (3) Maximum Lot Coverage: Sixty (60) percent; (4) Minimum Yard Setbacks: (a) Front: Twenty (20) feet. (b) Side: Five (5) feet. (c) Rear: Principal Building: Equal to the height of the dwelling. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops. must be at Ieast ten (10) feet from any property line. and may not exceed six (6) feet in height and thirty (34) square feet in size. Property owners shall not allow such structures to become a nuisance due to noise or odor: (5) Maximum building height: (a) Principal building: Thirty-five (35) feet, except a greater height may be approved by special permit. (b) Accessory buildings: Fifteen (15) feet. (6) Fences and hedges: See Chapter 25.75; (7) Parking: See Chapter 25.78; and (8) Landscaping: See Chapter 25.75; (9) Residential Design Standards: See Chapte,. 25.70.085. (Ord. 3731 Sec. 16, 2005; Ord. 3354 Sec. 2, 1999.) Section 18. That Section 25.38.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.38.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-4 district: (1) Detached single family residential garages, as defined in Section 25. 12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area; (2) Home occupations as defined by Section 25.12,220; Page 11 of 13 (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (5) Family day care homes in conformance with N' 'AC 388-73 as now existing and as amended and Chapter 25.66; (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per roomer must he provided in addition to the requirements set forth under Section 25.78.170(5): and (7) Accessory dwellings in single family homes. (Ord. 3354 Sec. 2, 1999.) 8 On lots with a minimum of 5,000 square feet and containing only one single-family dwellinv unit the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including des, cats, rabbits, and chicken hens) does not exceed six; in all cases, animals shall not be allowed to roam or fly to other properties. roosters are not al owed: Section 19. That Section 25.38.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.38.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Five thousand (5,000) square feet; (2) Density: One dwelling unit per 5,000 square feet of lot area for single family dwellings and 1,500 square feet of lot area for multiple family dwellings; (3) Lot Coverage: Sixty (60) percent; (4) Minimum Yard Setbacks: (a) Front: "twenty(20) feet. (b) Side: Five (5) feet. (c) Rear: Principal Building: Equal to the height of the dwelling. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall he set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from anv property line, and may not exceed six (6) feet in height and thirty (30) square feet in size. Property owners shall not allow such structures to become a nuisance due to noise or odor; (5) Maximum building height: (a) Principal building. Thirty-five (35) feet, except a greater height may be approved by special ,permit. (b) Accessory buildings: Fifteen (15) feet. (6) Fences and hedges: See Chapter 25,75; (7) Parking: See Chapter 25.78; and (8) Landscaping: See Chapter 25,75; (9) Residential Design Standards: See Chapter 25.70.085. (Ord. 3731 Sec. 18, 2005; Ord. 3354 Sec. 2, 1999.) Page 12 of 13 Sec tion 24, This ordinance shah be in full farce and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting; of 20 Matt Watkins Mayor A'TTEST: ?APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney Page 13 of 13 ORDINANCE NO. (A) AN ORDINANCE RELATING TO ZONING AND AMENDING PMC TITLE 25 DEALING WITH RABBITS AND CHICKEN HENS IN RESIDENTIAL ZONING DISTRICTS. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and ensure that the public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the city, and, WHEREAS, the City Council has reviewed the Planning Commission's recommendations, and has determined that to farther the purpose of the comprehensive planning and to maintain and protect the welfare of the community, it is necessary to amend PMC Title 25, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 25.20.030 of the Pasco Municipal Code be and the same is herebv amended to read as follows: 25.20.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory in the R-T district: (1) Accessory dwellings; (2) Home occupations (see definition in Section 25.12.220); (3) Ranch and farm buildings appurtenant to an agricultural use and agricultural uses (limited), as defined in Section 25.12.040, except that the keeping of animals shall be permitted on parcels consisting of at least ten thousand (10,000) square feet over and above an area eci.ual in size to 12,000 square feet set aside for the dwelling on the parcel; and (4) Uses incidental and customan- to a permitted use. (Ord. 3354 Sec. 2, 1999.); 5 The keeping of dogs and cats provided such number of animals does not exceed three des and three cats, (6)-For lots with a minimum of 5,000 square feet but less than 22,000 square feet and containing; only:_one single-family dwelling-unit, the keenlnL of dots. cats_ rabbitsL and chicken hens, provided such number of animals does not exceed three dogs, and/or thiee cats and/or three rabbits and/or three chicken hens the total number of animals not to exceed six; in all cases animals shall not be allowed to roam or fly to other oronerties• roosters are not allowed. Structures related to rabbits and/or chicken hens. such as rabbit hutches and/or chicken coons, must be at least ten (10) feet from any property line may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Property owners shall not allow such structures to Become a nuisance due to noise or odor. Page 1 of 13 Section 2. That Section 25.22.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.22.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-S-20 suburban district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed the height of 18 feet and are no larger than 1,200 square feet in area; (2) Home occupations as defined in Section 25.12.220; (3) Storage buildings not exceeding 480 square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted. For each additional 20,000 square feet of lot area, the gross floor area of storage sheds can be increased by 400 square feet; (4) Agricultural uses (limited), as defined in Section 25.12.040, except that the keeping of animals shall be penmitted on parcels consisting of ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel; (5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full ten thousand square foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel; provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership; and provided said number of chickens, fowl or rabbits does not exceed 2 animal units; (6) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (7) Family day care home in conformance with WAC 388-73 as now existing and as amended and PMC Chapter 25.66; and (8) Accessory dwellings. (Ord. 3688 Sec. 1, 2004; Ord. 3354 Sec. 2, 1999.) (9) For lots with a minimum of 5.000 square feet but less than 22.000 square feet and containing only one single-familv dwelling unit the keeping of dos cats rabbits and chicken hens, provided such number of animals does not exceed three dogs, and/or three cats, and/or three rabbits and/or three chicken hens. the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties: roosters are not allowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10)-feet from any property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Property owners shall not allow such structures to become a nuisance due to noise or odor. Section I That Section 25.22.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.22.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Twenty thousand (20,000) square feet; (2) Density: One dwelling unit per lot, except as provide in 25.22.030 (8); (3) Maximum Lot Coverage: Forty (40) percent; Page 2 of 23 (4) Minimum Yard Setbacks; (a) Front: Twenty-five (25) feet. (b) Side: Ten (10) feet. (c) Rear: Principal Building: Twenty-five (25) feet. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. (5) Maximum building height; (a) Principal building. Thirty-five (35) feet, except a greater height may be approved by special permit. (b) Accessory buildings: Fifteen (1 a) feet. (6) Fences and hedges: See Chapter 25.75; (7) Parking: See Chapter 25.78; (8) Landscaping: See Chapter 25.75; and (9) Residential Design Standards: See Chapter 25.70.085. (Orc. 3731 Sec. 4, 2005; Ord. 3354 Sec. 2, 1999.) Section 4. That Section 25.24.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.24.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-S-12 suburban district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed 18 feet in height and 1,200 square feet in area; (2) Home occupations as defined in Section 25.12.220; (3) Storage buildings not exceeding 260 square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted. For each additional 12,000 square feet of lot area the gross floor area of storage sheds can be increased by 260 square feet; (4) Agricultural uses (limited), as defined in Section 25.12.040, except that the keeping of animals shall be permitted on parcels consisting of ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel; (5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full ten thousand square foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel; provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet frorn a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership; and provided said number of chickens, fowl or rabbits does not exceed 2 animal units; (6) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (7) Family day care home in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; and (8) Accessory dwellings. (Ord. 3688 Sec. 2, 2004; Ord. 3354 Sec. 2, 1999.) (9) For lots with a minimum of 5,000 square feet but less than 22,000 square feet and containing, only one.sigZle-family dwedin{- unit_ the keeping of dogs, cats_ rabbit$_ and Page 3 of 13 chicken hens. provided such munber of animals does not exceed three dogs. and/or three cats. and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at Ieast ten (10) feet from any property line, may not exceed six (6) feet in hei>7ht and thirty (30) square feet :n size, and must be located behind the rear line of the dwelling. Property owners shall not allow such structures to become a nuisance due to noise or odor. Section 5. That Section 25.24.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.24.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Twelve thousand (12,000) square feet; (2) Density: One dwelling unit per lot, except as provide in 25.24.030 (8); (3) Maximum Lot Coverage: Forty (40) percent; (4) Minimum Yard Setbacks: (a)Front: Twenty-five (25) feet. (b) Side: Ten (10) feet. (c) Rear: Principal Building: Twenty-five (25) feet. Accessory structures. Accessory structures adjacent an alley may be placed oil the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. (5) Maximum building height: (a) Principal building. Thirty-five (35) feet, except a greater height may be approved by special permit. (b) Accessory buildings: Fifteen (15) feet. (6) Fences and hedges: See Chapter 25.75; (7) Parking: See Chapter 25.78; (8) Landscaping: See Chapter 25,75; and (9) Residential Design Standards: See Chapter 25.70.085 (Ord. 3731 Sec. 6, 2005; Ord. 3354 Sec. 2, 1999.) Section 6. That Section 25.26.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.26.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-S-1 suburban district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square feet or more the height may be increased by 3 feet and the area may increase by 200 square feet; (2) Home occupations as defined in Section 25.12.220; (3) Storage buildings not exceeding 200 square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, will be permitted; (4) Agricultura' uses (limited), as defined in Section 25.12.04C, except that the keeping of' animals shall be permitted on parcels consisting of ten thousand (10.000) square feet aver Page 4 of 13 and above an area equal in size to 12;000 square feet set aside for the dwelling on the parcel; (5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full ten thousand square foot increment of land over and above an area equal in size to 12;000 square feet set aside for the dwelling on the same parcel; provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership, and provided said number of chickens, fowl or rabbits does not exceed 2 animal units; (6) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (7) Family day care home in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; and (8) Accessory dwellings. (Ord. 3688 Sec, 3; 2004; Ord. 3354 Sec. 2; 1999.) (9) For lots with a minimum of 5 000 square feet but less than 22.000 square feet and c:untainiu only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs, and/or three cats. and/or three rabbits and/or three chicken hens. the total number of animals not to exceed six: in all cases, animals shall not be allowed to roam or fly to other Properties: roosters are not allowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Property owners shall not allow such structures,to become a nuisance due to noise or odor. Section 7. That Section 25.26,050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25,26.050 DEVELOPMENT STANDARDS, (1) Minimum lot area: Ten thousand (10,000) square feet; (2) Density: One dwelling unit per lot, except as provided in 25.26.030 (8); (3) Maximum Lot Coverage: Forty (40) percent; (4) Minimum Yard Setbacks: (a) Front: Twenty (20) feet. (b) Side: Principal building: Ten (10) feet. .Accessory structures: Five feet, provided the accessory structure is located behind the rear building line. (c) Rear: Principal Building: Equal to the height of the dwelling. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. (5) Maximum building height: (a) Principal building. Twenty-five (25) feet, except a greater height may be approved by special permit. (b) Accessory buildings: Fifteen (15) feet. (6) Fences and hedges: See Chapter 25,75; Page 5 of 13 (7) Parking: See Chapter 25.78; (8) Landscaping: See Chapter 25.75; and (9) Residential Design Standards: See Chapter 25.70.085. (Ord. 3731 Sec. 8, 2005; Ord. 3354 See. 2, 1999.) Section 8. That Section 25.28.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.28.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-1 low density residential district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square feet or more the height may be increased by 3 Feet and the area may increase by 200 square feet; (2) Home occupations, as defined by Section 25.12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The renting of rooms for Iodging purposes only; provided, however, such accommodations shall not exceed two persons in a single-family dwelling, One off-street parking space, per roomer, must be provided in addition to the requirement set forth under Section 25.78.170(5); (5) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (6) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; and (7) Accessory Dwellings. (Ord. 3688 Sec. 4, 2004; Ord. 3354 Sec, 2, 1999.) (8) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of doges, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dons, and/or three cats, and/or three rabbits and/or three chicken hens,the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or f1v to other ro erties� roosters are not allowed. Section 9. That Section 25.28.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.28.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Seven thousand two hundred (7,200) square feet (2) Density: One dwelling wut per lot, except as provide in 2528.030 (7); (3) Maximum Lot Coverage: Forty (40) percent; (4) ;Minimum Yard Setbacks: (a) Front: Twenty (20) feet. (b) Side: Five (5) feet. (c) Rear: Principal Building: Equal to the height of the dwelling. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. Structures related to rabbits and/or chicken hens. such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any Page 6 of 13 property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Property owners shall not allow such Structures to become a nuisance due to noise or odor; (5) Maximum building height: (a) Principal building. Twenty-five (25) feet, except a greater height may be approved by special permit. (b) Accessory buildings: Fifteen (15) feet. (6) Fences and hedges: See Chapter 25.75; (7) Parking: See Chapter 25.78; (8) Landscaping: See Chapter 25.75; and (9) Residential Design Standards: See Chapter 25.70.085 (Ord. 3731 Sec_ 10, 2005; Ord. 3354 Sec. 2, 1999.) Section 10, That Section 2530.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.30.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-1-A District; (1) Detached residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area; (2) Home occupations, as defined in Section 25.12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as define in Section 25.12.430, shall be permitted; (4) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single-fami:y dwelling. One off-street parking space, per roomer, must be provided in addition to the requirement set forth tinder Section 25.78.170(5); (5) The keeping of dogs and cats, provided such number of animals does not exceed three clogs and three cats; (6) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; and (7) Accessory Dwellings. (Ord. 3731 Sec. 11, 2005; Ord, 3354 Sec. 2, 1999.) (8) On lots with a minimum of 5,000 square feet and containing only one single-famil) dwelling unit, the keeping of dogs, cats, rabbits, and chickens for personal use. provided such number of animals does not exceed three dogs and/or three cats, and/or three rabbits, and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roost te-are not,allowed Section 11. That Section 25.30.050 of the Pasco Municipal Code be and the same i5 hereby amended to read as follows: 25.30.050 DEVELOPMENT STANDARDS, (1) Minimum lot area: Seven thousand two hundred (7,200) square feet; (2) Density: One dwelling unit per lot, except as provided in 25.30.030 (7); (3) Maximum Lot Coverage: Forty (40) percent; (4) Minimum Yard Setbacks: (a) Front: Twenty (20) feet, (b) Side: Five (5) feet Page 7 of 13 (c) Rear: Principal Building: Equal to the height of the dwelling, but not less than ten (10) feet. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of he dwelling. Property owners shall not allow such structures to become a nuisance due to noise or odor; (5) Maximum building height: (a) Principal building. Twenty-Eve (25) feet. (b) Accessory buildings: Fifteen (15) feet. (6) Fences and hedges: See Chapter 25.75; (7) Parking: See Chapter 25.78; and (8) Landscaping: See Chapter 25.75. (Ord. 3354 Sec. 2, 1999.) Section 12. That Section 25.32.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.32.030 PERMITTED ACCESSORY USES. The following uses shall be pennitted as accessory to a permitted use in the R-IA2 District; (1) Detached residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area; (2) Home occupations, as defined in Section 25.12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height, provided no container storage, as define in Section 25.12.430, shall be permitted; (4) The renting of' rooms for lodging purposes only, provided, however, such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space, per roomer, must be provided in addition to the requirement set forth under Section 25.78.170(5); (5) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats; (6) Family day care homes in confonnance with WAC 388-73 as now existing and as amended and Chapter 25.66; and (7) Accessory dwellings. (Ord. 3731 Sec. 12, 2005; Ord. 3354 See. 2, 1999.) 8 On lots with a minimum of 5.000 square feet and containing only one single-family dwellinu_ unit, the keepine__of..doIsl and cats, rabbits and chickens for personal use_ provided such number of animals does not exceed three does and/or three cats, and/or three rabbits, and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties: roosters are not allowed; Section 13. That Section 25.32.050 of the Pasco Municipal Code be and the sane is hereby amended to read as follows: 25.32.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Seven thousand two hundred (7,200) square feet; Page 8 of 13 (2) Density: One dwelling unit per lot, except as provided in 25.32.030 (7); (3) Maximum Lot Coverage: Forty (40) percent; (4) Minimum Yard Setbacks: (a) Front: Twenty (20) feet. (b) Side: Five (5) feet. (c) Rear: Principal Building: Equal to the height of the dwelling, but not less than ten (10) feet. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley; the setback shall be five (5) feet. Structures related to rabbits and/or chicken liens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from anv property line, may not exceed six (6) feet in height and thirty (30) square feet in size. and must be located behind the rear line of the dwelling, Property owners shall not allow such Structures to become a nuisance due to noise or odor; (6) Maximum building height: (a) Principal building. Twenty-five (25) feet. (b) Accessory buildings: Fifteen (15) feet (7) Fences and hedges: See Chapter 25.75; (8) Parking: See Chapter 25.78; and (9) Landscaping: See Chapter 25,75. (Ord. 3354 Sec. 2, 1999.) Section 14. That Section 25.34.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.34.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-2 district: (1) Detached single family residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area; (2) Home occupations as defined by Section 25.12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (6) The renting of rooms for lodging purposes Only; provided, however, such accommodations shall not exceed two persons in a single family dwelling. One off-street parking space per roomer must be provided in addition to the requirement set forth under Section 25.84.170(5); and (7) Accessory dwellings in single family homes. (Ord. 3354 Sec. 2, 1999.) 8 On lots with a minimum of 5.000 scivare feet and containinp j, only one sin le-famil dwelling unit,-the keel)in .of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not exceed six; in all cases, animals shall not be allowed to roam or fly to other propgrties: roosters are not allowed; Page 9 of 13 Section 15. That Section 25.34.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.34.050 DEVELOPMENT STANDARDS. (1)Minimum lot area: Five thousand (5,000) square feet; (2) Density: One dwelling per 5,000 square feet of lot area except as provided in 25.34.030 (7); (3) Maximumot Coverage: Forty (40) percent; (4) Minimum Yard Setbacks: (a) Front: Twenty (20) feet. (b) Side: Five (5) feet. (c) Rear: Principal Building: Equal to the height of the dwelling. Accessory structures. Accessory structures adjacent an alley inay be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line. may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Property owners shall not allow such structures to become a nuisance due to noise or odor; (5) Maximum building height: (a) Principal building: Twenty-five (25) feet, except a greater height may, be approved by special permit. (b) Accessory buildings: Fifteen (I5) feet. (6) Fences and hedges: See Chapter 25.75; (7) Parking: See Chapter 25,78; (8) Landscaping: See Chapter 25.75; and (9) Residential Design Standards: See Chapter 25.70.085. (Ord. 3731 Sec. 14, 2005; Ord, 3354 Sec. 2, 1999.) Section 16. That Section 25.36.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.36.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted used in the R-3 district: (1) Detached single family residential garages, as defined in Section 25.12,200, provided they do not exceed fifteen feet in height and 1,000 square feet in area; (2) Home occupations as defined by Section 25.12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per Page 10 of 13 roomer must be provided in-addition to the requirement set forth under Section 25.78.170(5); and (7) Accessory dwellings in single family homes. (Ord. 3354 Sec. 2, 1999) (8) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dons, cats. rabbits, and chicken hens) does not exceed six; in all cases. animals shall not be allowed to roam or fly to other properties:roosters are not allowed; Section 17. That Section 25.36.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.36.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Five thousand (5,000) square feet; (2) Density: One dwelling unit per 5,000 square feet of lot area for single family dwellings and 3,000 square feet of lot area for multiple family dwellings; (3) Maximum Lot Coverage: Sixty (60) percent; (4) Minimum Yard Setbacks: (a) Front: Twenty (20) feet. (b) Side: Five (5) feet. (c) Rear: Principal Building: Equal to the height of the dwelling. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any Property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Property owners shall not allow such structures to become a nuisance due to noise or odor; (5) Maximum building height: (a) Principal building: Thirty-five (35) feet, except a greater height may be approved by special permit. (b) Accessory buildings: Fifteen (15) feet. (6) Fences and hedges: See Chapter 25.75; (7) Parking: See Chapter 25,78; and (8) Landscaping: See Chapter 25.75; (9) Residential Design Standards: See Chapter 25.70.085. (Ord. 3731 Sec. 16, '2005; Ord. 3354 Sec, 2, 1999.) Section 18. That Section 25.38.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 2538.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-4 district: (1) Detached single family residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area; (2) Home occupations as defined by Section 25.12.220; Page 11 of 13 (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430. shall be permitted; (4) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per roomer must be provided in addition to the requirements set forth under Section 25.78.170(5); and (7) Accessory dwellings in single family homes. (Ord, 3354 Sec. 2, 1999.) (8) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit. the keeping of up to three rabbits or three chicken hens for personal use. provided the total number of animals (including dogs, cats. rabbits, and chicken hens) does not exceed six, in all cases, animals shall not be allowed to roam or flv to other tiaro.p rties: roosters are„ilp allowed; Section 19. That Section 25.38.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.38.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Five thousand (5,000) square feet; (2) Density: One dwelling unit per 5,000 square feet of lot area for single family, dwellings and 1,500 square feet of lot area for multiple family dwellings; (3) Lot Coverage: Sixty (60)percent; (4) Minimum Yard Setbacks: (a) Front: Twenty (20) feet. (b) Side: Five (5) feet. (c) Rear: Principal Building: Equal to the height of the dwelling, Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and zlust be located behind the rear line of the dwelling. Property owners shall not allow such structures to become a nuisance due to noise or odor; (5) Maximum building height: (a) Principal building. Thirty-five (35) feet, except a greater height may be approved by special permit. (b) Accessory buildings: Fifteen (15) feet. (6) Fences and hedges: See Chapter 25.75; (7) Parking: See Chapter 25.78; and (8) Landscaping: See Chapter 25.75; (9) Residential Design Standards: See Chapter 25.70.085. (Ord. 3731 Sec. 18, 2005: Ord. 3354 Sec, 2, 1999.) Page 12 of 13 Section 20. This ordinance shall he in full force and effect five days after passage and publication aS re(luired by law. PASSED by the City Council of the, City of Pasco, at its regular meeting of Matt Watkins INi ayor :ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B, Kerr City Clerk City Attorney Page 13 of 13 MEMORANDUM November 17, 2011 TO: Planning Commission FROM: Jeffrey B. Adams, Associate Planner RE: Hens in Residential Zones Issue statement The City of Pasco recently received a letter requesting the legalization of "small numbers of hens . . . in residential zones in Pasco." This letter reflects the sentiment of a growing number of Pasco residents that the Pasco Municipal code should be modified to allow for laying hens in residential zones. As noted in Exhibit 1, the inclusion of rabbits has also been suggested. What is Currently Allowed The Pasco Municipal Code (PMC) allows for "the keeping of farm animals upon the premises . . . for a personal use only . . ." in the RS-20, RS-12, and R-S-1 zones (PMC 25.12.040). No commercial animal husbandry operations are allowed. Chickens are not allowed in any other zones in the City. This provision for "the keeping of farm animals upon the premises for a personal use only . . ." is allowed as long as the lot in question has at least "ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel." (See PMC 25.22.030; 25.24.030; 25.26.030). Thus farm animals are only allowed on parcels of 22,000 square feet (1/2 acre) or larger. Furthermore, "for each full ten thousand square foot increment of land over and above [the areal set aside for the dwelling" the owner may have one animal unit. An "animal unit" is defined as "any one of the following: steer, cow, milk cow, horse, mule/donkey, three goats, three sheep, three pigs, twenty chickens, twenty fowl or twenty rabbits" (See PMC 25.12.065). A cap of "2 animal units" is placed on the keeping of "chickens, fowl or rabbits" in these zones. Finally, chicken houses must be located at least ten feet from any adjoining or abutting property held under separate ownership and twenty-five feet from a public roadway (See PMC 25.22.030; 25.24.030; 25.26.030). in summary, if a property owner has at least 22,000 square feet of land in an R-S-1, RS-12, or RS-20 zone, they may keep up to 20 chickens for personal use; a person may keep up to 40 chickens if the lot has 32,000 or more square feet. All coops and chicken-related structures need to be positioned at least 10 feet from the side and rear property lines and 25 feet from any public road. Pros/Cons of Keeping Small Numbers of Hens Pros, (as put forth in the request letter): Hens provide healthier eggs. Page 1 of 5 Their eggs supplement the diets of low-income families. Hens eat waste products like bugs, weeds, and kitchen scraps, changing trash into food. Chicken droppings provide valuable, odorless (sic) fertilizer that is high in nitrogen, preventing the need for petroleum-based commercial fertilizer. Chickens are fun, friendly pets. Chickens have educational value for children about where food like eggs comes from. Chickens are much more suited to a smaller area (such as a backyard) than a dog or a cat because they are smaller and don't have the need to run and roam such as dogs and cats. They contribute to sustainability and self-sufficiency. Cons (gathered from various sources) Both rabbit and chicken-raising requires personal responsibility. Chicken eggs must be collected daily. Both rabbits and chickens create a great deal of waste. Rabbit and chicken waste creates a less than pleasing aroma for neighborhoods. Rabbit and chicken food may encourage rats and raccoons. Chickens make unwanted noise. Some yards are not large enough. Chickens can quickly denude vegetation in a run or pen, causing blowing dust concerns. Chickens can fly into neighboring yards. Rabbits may burrow into neighboring yards. Code enforcement may increase. On the Pros and Cons Healthier eggs: Whether homegrown eggs are healthier is not necessarily a zoning issue, and thus need not be dealt with here. Cost effectiveness: As with perceived nutritional value of eggs, home poultry- keeping economics is not a zoning issue, and will not be addressed. Pest Control: Chickens do eat bugs, and chicken byproducts are typically not as toxic as sprays. Weed Control: Weed control is an important consideration for code enforcement, but as noted above, chickens eat vegetation of all kinds. However, Page 2 of 5 chickens given only a small patch of yard can quickly denude that area of vegetation, thus creating a blowing dust nuisance. Recycling Table Scraps: Chickens can efficiently convert most "wet" garbage, such as lawn clippings, and fruit and vegetable scraps, into manure. Recycling is an element of the City of Pasco's Comprehensive Plan "Odorless" Manure: Rabbit and chicken manure is not unscented. Accumulations of rabbit or chicken waste, like any animal waste, will create a nuisance for neighbors. But this is not unlike dog or cat manure control; owners are equally obligated to prevent pet waste buildup, regardless of the type of animal. However, unlike dog or cat manure, rabbit and chicken manure is generally safe for food crops. As well, chickens given adequate space to roam, and kept off of impermeable surfaces, will work the manure into the dirt with their scratching behaviors, thus fertilizing and improving soil quality. Pets: Both rabbits and chickens, like many animals can be treated as domesticated pets. All pets require a certain level of personal responsibility for their care. For rabbits and hens this includes feeding, watering, protecting from predators (skunks, raccoons, and neighborhood dogs), and for chickens, daily egg collection. Most rabbits and hens are docile, but like any other "pet" they (especially "broody" hens), can become unruly and would require special handling. The care of an unruly rabbit or chicken would not be more onerous than that required for a troublesome dog or cat, except that chickens have the added feature of limited flight capability (Roosters would not be allowed under this code amendment). Generally, rabbits and hens are fairly quiet, and can usually be favorably compared to a dog or cat in terms of noise output. Educational Value: The educational value of chickens may be seen as contributing to community self-reliance, as children can be instructed to some degree on animal husbandry, food production, and farm economics. Smaller Area: It may be true that chickens require a smaller area than a cat or dog of similar size. However such small confinement may defeat the "free- range" component of the "healthier chickens/better eggs" argument. Sustainability/Self-sufficiency: As noted above, chickens fed and housed in a certain way can contribute to sustainable agriculture/self sufficiency and perhaps produce healthier eggs. However chicken-raising at home as opposed to on a commercial ranch is not per se a guarantee of either. Possible Implementation Guidelines These code revisions would pertain only to residential zones (Rabbits and chickens are already allowed in the RS-20, RS-12, and R-S-I. zones, but only with a minimum lot size of 22,000 square feet). The PMC could be revised to allow for up to three rabbits or three hens (no roosters) along with up to three cats or three dogs, or a combination not to exceed six total animals (see attached Draft Ordinance). Page 3 of 5 Because much of the demand for rabbits and laying hens occurs in the smaller-lot R-2, R-3, and R-4 zones, the code should be adapted for these zones in such a way as to allow rabbits or hens only as long as yard space is sufficient for rabbits or hens, hutches/coops, and runs. A 5,000 square-foot minimum yard size is suggested (see attached Draft Ordinance). Finally, development standards should reflect rules for placement of rabbit hutches or chicken coops and runs to keep them away from neighboring ,yards and to preempt a possible nuisance (see attached Draft Ordinance). Findings of Fact 1. Rabbits and chickens are currently allowed only in the RS-20, RS-12, and R-S-1 zones in the City. 2. The Pasco Municipal Code (PMC) allows for the keeping of up to 20 rabbits and chickens in the RS-20, RS-12, and R-S-1 zones for personal use, provided there is a minimum lot size of 22,000 square feet (PMC 25.12.040) and allows for the keeping of up to 40 rabbits and chickens in the RS-20, RS-12, and R-S-1 zones for personal use, provided there is a minimum lot size of 32,000 square feet (PMC 25.12.040). 3. Butchering of animals in residential districts is prohibited (PMC 9.60.030(13). 4. PMC Title 25 currently allows up to 3 dogs and three cats, not to exceed 6 animals total, in all residential zones. 5. Rabbit hutches and chicken houses in the RS-20, RS-12, and R-S-1 zones must be located at least ten feet from any adjoining or abutting property held under separate ownership and twenty-five feet from a public roadway. 6. A request has been received to consider an amendment to the Pasco Municipal Code to allow the keeping of hens and rabbits in residential districts. 7. The Planning Commission has researched and considered the request and has recommended that such an amendment be approved with appropriate conditions. Recommendation MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the November 17, 2011 staff memo on Code Amendments for PMC Section 25. MOTION: I move the Planning Commission recommend the City Council adopt the proposed Code Amendments modifying PMC Chapters 25.20, 25.22, 25.24, 25.26, 25.28, 25.30, 25.32, 25.34, 25.36, and 25.38 as indicated on the attached Ordinance to include provisions Page 4 of 5 for the keeping of rabbits and laying hens in residential ("R") zoning Districts. Page 5 of 5 PLANNING COMMISSION MINUTES 10/20/2011 OTHER BUSINESS: A. Workshop Hens in Residential "R" Zones Chairman Cruz read the master file number and asked for comments from staff, Rick White, Community and Economic Development Director explained the City received a written request for a code amendment to allow the keeping of hens in residential zones subject to certain conditions, The suburban zones (RS-20, RS-12, and RS-1) in Pasco allow the keeping of hens. There is a size limitation on the lots. None of the other residential zones allow the keeping of hens or rabbits. Mr. White reviewed details of the proposed code amendment, such as, quantity of hens, lot sizes, and housing of the hens. The code amendment would only allow the keeping of three hens on single family lots that do not now qualify for the keeping of hens. If personal responsibility is exercised, staff doesn't see a large difference between keeping cats, dogs, or other small animals provided conditions were met. Commissioner Lukins asked what the other cities in the area (Kennewick and Richland) were doing in regards to the codes on keeping of hens. Mr. White answered that they are doing the same thing. Amelia Larson, 8615 Studebaker Drive, stated Mr. White's report was accurate. As for the noise issue, hens are not louder than any other pet, and keeping them away from fences is important, as well as being a responsible owner. Hens take up less space than dogs or many other animals. Chairman Cruz asked about the proposed number of hens to be allowed. Ms. Larson said three would be about right, perhaps five but that could be pushing it. Chris Baugh, 5812 Curlew Lane, spoke in support of the proposal of the code amendment. He personally has 12 hens (Mr. Baugh lives in a County R-S-20 Zone) and it has taught his children a lot and has provided their family with food. Mr. White explained the proposed code amendment item would be brought back for a formal hearing and a staff report. PLANNING COMMISSION MINUTES 11/17/2011 PUBLIC HEARINGS: A. CODE AMENDMENT Hens in Residential `6R" Zones Chairman Cruz read the master file number and asked for cornmexzts from staff. Rick White, Community & Economic Development Director, explained that the Commission discussed this item at the October 20, 2011 workshop. The issue concerns a recent interest among the community in establishing for personal use, the keeping of a small number of hens or rabbits in residential zones with appropriate safeguards. Staff did thorough research of the issue to come up with a proposed code amendment that would affect the largest of the residential zones all the way down to the. medium density zones (RS-20 to R-4 Zoning Districts) with some qualifying conditions. The ability to have no more than six small animals, which can include hens and/or rabbits, would be based on the proposed code amendment provisinns explained in the November 17, 2011 packet. Staff research concluded that the appropriate personal responsibility for the keeping of hens and rabbits isn't any different than the keeping of dogs and cats. Mr. White corrected a comment made at the October 20, 2011 workshop about the City of Kennewick's code. At that meeting it was explained that Kennewick adopted a code similar to the one being proposed. However Kennewick changed its code three years ago, prohibiting hens in all districts except for their equivalent of the City of Pasco's RS zoning districts. The City of Richland allows up to six hens and doesn't limit the keeping of small animals to three of one kind; a person can keep up to six at one time (i.e. hens, cats, dogs). Mr. White explained that the wording in the ordinance is the same for all of the zoning districts, with a slight change in wording for the RS Districts because they already allow the keeping of up to 40 hens, depending on lot size. Chairman Cniz asked of clarification between the proposed code and the Kennewick code relating to lot size. Mr, White stated Kennewick used to allow up to three hens in any zoning district. Now hens are only permitted in Suburban Zones on lots .5 acres or larger. Gabriel Larson, 8615 Studebaker Drive, supported the code amendment because people could learn the responsibility of taking care of an animal, He said that hens are not any louder than a dog or a cat. Amelia Larson, 8615 Studebaker Drive, explained the reasons why keeping hens in residential zones was beneficial. She stated hens and rabbits were ideal for small spaces; they are quiet, good with general waste, promote sustainability, and good for educational purposes. Chairman Cruz asked Ms. Larson if she was an advocate for hens on smaller lot sizes even though the City of Kennewick did away with the keeping of hens on smaller lots. Ms. Larson answered that she is curious as to why Kennewick did away with hens on the smaller lots sizes because in her research, it was possible to have hens on a small lot with a small number of hens. If done properly, she did not see a problem with hens on a small lot. Mr. White stated the prohibition of hens in Kennewick had nothing to do with hens but everything to do with roosters and since there was a rooster problem, the City of Kennewick prohibited all chickens. Chairman Cruz closed the Public Hearing. Commissioner Hay explained that he has had to live next to someone who kept a rooster and the noise was problematic. To keep away the problem of roosters, Mr. Hay proposed no hens either. Commissioner Anderson moved, seconded by Commissioner Kempf to adopt the Findings of Fact, as contained in the November 17, 2011 staff report on code amendments for PMC Section 25. The motion was approved with one dissenting vote from Commissioner Hay. Commissioner Anderson moved, seconded by Commissioner Kempf that the Planning Commission recommended that the City Council adopt the proposed code amendment modifying PMC Section 25 to approve keeping of hens and rabbits in residential zones, with conditions as contained in the November 17, 2011 staff report. The motion was approved with one dissenting vote from Commissioner Hay. Staff explained that this will go to City Council Workshop November 28, 2011 and then most likely to the first City Council Meeting December 5, 2011. Rabbits and Hens in "R" Zones Summary Table Zones Zones Zones Provision RT; RS-20; RS-12; R-S-1 R-1; R-1A; R-1 A-2 R-2; R-3; R-4 Total # of Small Animals Maximum 6* 6 6 Minimum Coop/Hutch/Run Setback _ 10' 1.0_1 _ 10' Maximum Coop/Hutch v Height _ _ 61** _ _ _ 6' _ 6' Maximum Coop/Hutch Area _ 30 sq. ft.*** 30 sq. ft._ _ 30 sq. ft. Roosters Prohibited _ Yes**** _ Yes _ Yes Single-Family Lots Only N/A N/A _ Yes Minimum Lot Size N/A N/A 5,000 Sq. Ft. * Up to 20 rabbits or hens allowed in RT, RS-20, RS-12, or R-S-1 zones with lots over 22,000 square feet; 40 with 32,000 square feet or more (40 maximum). ** Accessory structure maximum height up to 15' (Storage Shed) or 18' (Garage/Shop) with lots over 22,000 square feet. *** Accessory Structure maximum area up to 480 square feet (Storage Shed) or 1,200 sq. ft. (Garage/Shop) with lots over 22,000 square feet. **** There is currently no prohibition for roosters in RT, RS-20, RS-12, or R-S-1 zones with lots over 22,000 square feet. Printed 12/15/2011 CA 2011-005 Summary Table Rabbits and Hens Page 1 of 1 at 11:29 AM AGENDA REPORT FOR: City Council December 12, 2011 qll—� TO: Gary Crutehfiel �Manager Regular Mtg.: 12/19/11 Rick Ter<vay, :^� tin. f Community S s erector FROM: Dunyele Mason, Financial Services Manager r SUBJECT: 2012 ANNUAL OPERATING AND CAPITAL PROJECTS BUDGETS I. REFERENCE(S): A) Proposed 2012 Annual Operating Budget Ordinance. B) Proposed 2012 Capital Projects Budget Ordinance. U, ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATION: 12119: Second Reading of Ordinances MOTION: I move to adopt Ordinance No. 4028, adopting the 2012 Annual Operating Budget and authorize the publication by summary only. MOTION: I move to adopt Ordinance No. 4029, adopting the 2012 Capital Projects Budget and to authorize the publication by summary only. 111. FISCAL IMPACT: A) $123,901,197 - Annual Operating Budget B) $ 13,224,961- Net increase to Capital Projects Authority IV, HISTORY AND FACTS BRIEF: The 2012 Preliminary Budget was discussed at the Council workshop meeting held on November 8, 2011. General Fund Revenues and Expenditures were discussed as well as other operating fund budgets, and each City Department Head gave a briefing and answered questions regarding oversight of their respective operating and capital projects budgets. On December 5, 2011 following a brief presentation of the Operating and Capital Projects Budgets, a Public Hearing was held. Following the Public Hearing it was moved for the first reading of the two budget ordinances and ordinance numbers were assigned. There were no public comments nor was there any testimony for or against the passage of either ordinance. A copy of the 2012 Preliminary Budget document is available for review at the Pasco Public Library. The document is also available for viewing and printing from the City's internet site at www,pasco-wa.guv, under "Publications" and then clicking on "Financial Reports" and then clicking on"Budget". V. DISCUSSION: There were no changes made since the Public Hearing held on December S, 2011, 8(e) ORDINANCE NO. AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE YEAR 2012. WHEREAS,subsequent to due notice and public hearing thereon,the City Council of the City of Pasco has approved an operating budget for the year 2012; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON DO ORDAIN AS FOLLOWS: Section One. The following budget containing the totals set forth for each fund forthe year 2012 is hereby adopted. FUND EXPENDITURE REVENUE GENERAL FUND $ 42,314,656 $ 42,314,656 CITY STREET FUND 2,570,793 2,570,793 ARTERIAL STREET FUND 839,484 839,484 1-182 CORRIDOR TRAFFIC IMPACT FUND 1,078,845 1,078,845 STREET OVERLAY FUND 3,760,455 3,760,455 COMMUNITY DEVELOPMENT BLOCK GRANT FUND 2,081,308 2,081,308 M.L. KING JR,COMMUNITY CENTER FUND 171,133 171,133 AMBULANCE SERVICES FUND 2,988,495 2,988,495 CONTINGENCY FUND 173,799 173,799 CITY VIEW CEMETERY FUND 250,003 250,003 BOULEVARD PERPETUAL MAINTENANCE FUND 1,764,791 1,764,791 ATHLETIC PROGRAM FUND 324,004 324,004 GOLF COURSE 1,565,188 1,585,188 SENIOR CENTER OPERATING FUND 314,109 314,109 MULTI-MODAL FACILITY FUND 110.720 110,720 BI-CENTENIAL FUND 6,260 5,260 RIVERSHORE TRAIL& MARINA MAINTENANCE FUND 19,935 19,935 SPECIAL LODGING ASSESSMENT FUND 195,790 195,790 LITTER ABATEMENT FUND 21,595 21,595 REVOLVING ABATEMENT FUND 295,558 295,558 TRAC DEVELOPMENT&OPERATING FUND 370,850 370,850 PARK DEVELOPMENT FUND 1,600,522 1,600,522 CAPITAL IMPROVEMENTS FUND 2,655,371 2,655,371 INDUSTRIAL DEVELOPMENT&INFRASTRUCTURE FUND 1,201,897 1,201,897 STADIUM/CONVENTION CENTER FUND 879,126 879,126 LANDFILL REMEDIATION FUND 401,298 401,298 LID 144 SANDIFUR PKWY 60,009 60,009 LID 145 A STREET IMPROVEMENTS 396,186 396,186 LID 146 KURTZMAN PRK IMPROVE 70,060 70,060 1999 GENERAL OBLIGATION BOND FIRE/LIBRARY FUND 247,174 247,174 2002 GENERAL OBLIGATION REFUNDING BOND FUND 615,822 615,822 LOCAL IMPROVEMENT DISTRICT GUARANTY FUND 936,283 936,283 GENERAL CAPITAL PROJECTS 5,962,939 5,962,939 WATER 1 SEWER UTILITY FUND 30,479,222 30,479,222 EQUIPMENT RENTAL OPERATIONS FUND-GOVERNMENT TYPE 1,153,699 1,153,699 EQUIPMENT RENTAL OPERATIONS FUND-PROPRIETARY TYPE 581.637 581,637 EQUIPMENT RENTAL REPLACEMENT FUND•GOVERNMENT TYPE 4,612,971 4,612,971 EQUIPMENT RENTAL REPLACEMENT FUND-PROPRIETARY TYPE 1,810,856 1,810,856 MEDICAL DENTAL INSURANCE FUND 5,206,165 5,206,165 CENTRAL STORES FUND 20,695 20,695 CITY VIEW CEMETERY ENDOWMENT 412,234 412,234 OLD FIRE MEDICAL(OPEB) 1,947,034 1,947,034 OLD FIREMEN'S PENSION TRUST FUND 1,412,226 1,412,226 GRAND TOTAL ALL FUNDS $ 123,901,197 $ 123 901,197 Section Two. This Ordinance shall be in full force and effect on January 1,2012. PASSED by the City Council of the City of Pasco this 19th day of December,2011. ATTEST: Matt Watkins, Mayor Debra L.Clark,City Clerk Approved as to Form: Leland B. Kerr, City Attorney ORDINANCE NO. 4IQZ9 AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE YEAR 2012 WHEREAS,subsequent to due notice and public hearing thereon,the City Council for the City of Pasco has approved the following capital Project Budget for the year 2012; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section One. That the capital projects are hereby authorized as detailed. The following schedule summarizes newly authorized projects as well as continuing projects and constitutes the Capital Projects Budget.The Budget is adopted at the cumulative project level. CIP Budget Increase New CIP Budget Status Proiect Title 2011 (Decrease) Proie C&ED HOMEINSP(2011 Con inuedp Continuing Waldemar/Helena(1 of 3 lots) 132,897 132,897 Continuing Waldemar/Helena(2 of 3 lots) 132,897 132,897 Continuing Waldemar/Helena(3 of 3 lots) 132,897 132,897 Continuing NSP Project#1 127,000 127,000 Total C&ED HornelNSP 2011 - 525,691 - 525,691 C&ED HOMEINSP(New 20121 2012 New HOME -Project#1 - 52,500 52,500 2012 New NSP -Project#1 - 127,000 127,000 2012 New NSP-Project#2 - 66,000 66,000 Total C&ED-HOMEINSP 2012 - - 245,500 245,500 General PrniecU(20111 Continuing City Hall Roof Replacement 297,000 - 297,000 Total General (2011) 297,000 - - 297,000 {General Projects t let 2.01 Z1 2012 New Fire Alterting Systems - 70,000 70,000 2012 New Financial System-HR&Payroll - 170,120 170,120 2012 New Financial System-Financials - 197,940 197,940 2012 New Financial System-Utility 8 Proj Acctg - 113,230 113,230 Total General (2012) - - 551,290 551,290 Park&Facilities(2011 Continued} Continuing Linda Loviisa(Capitol) Park 265,000 79,510 344,510 Continuing Chiawana Park Restroom Upgrades 210,000 41,000 251,000 Total Parks(2011) 475,000 120,510 - 595,510 Park & Facilities(New 2,01.2} 2012 New Animal Shelter Facility - 203,000 203,000 2012 New GESA Stadium Overlay - 139,000 139,000 2012 New Chiawana Overlay - 73,000 73,000 'fatal Parks (2012) - - 415,000 415.000 i CIP Budget Increase New CIP Budget Status Project Title 2011 Decrease) Project 2012 Sire Co stru tlr�n n r tied Continuing Lewis St as 5,212,626 1,146,812 6,359,438 2011 StiPP New CBC Main Entr&Argent Traffic Signal 346,500 346,500 Continuing A Stand SR 12 Interchange 40,000 (40,000) - Continuing 4th Ave Corridor-North Segment 300,000 170,140 470,140 Continuing 41h Ave South Street Improve 850,000 350,000 1,200,000 Continuing LID#148 Kurtzman Park Ph. Il St. Imp. - 732,707 732,707 Continuing Road 68 Improvements(Phase II) 300,000 154,200 454,200 2011 Stipp New 2011 STP Grant Overlays 980,000 980,000 2011 Supp New Oregon Ave(SR397) 220,000 220,000 Continuing 2011 Alley Hard Surfacing (Chip Sealing) 80,000 - 80.000 Total Street Construction 2011 6,782,626 4,060,359 - 10,842,985 Street Constrgti:an fNew 20121 2012 New 2012 Alley Hard Surfacing (Chip Sealing) - 80,000 80,000 2012 New Powerline Road - 65,000 65,000 2012 New Road 68 Widening- South of 1-182 - 80,000 80,000 Total Street Construction 2011 - - 225,000 225,000 Water Construction(Continued 2011} Continuing West Side Water Treatment Plant 12,000,000 1,365,331 13,365,331 2011 Stipp New Columbia Water Supply Project 579,000 579,000 Continuing 2011 Water Distrib Line Ext. (Kurtzman) 58,450 (23,950) 34,500 Continuing 2011 Filtrat Plant Improv(Storage Bldg) 50,000 50,000 100,000 Continuing Water FIII Station 200,000 - 200,000 Continuing Broadmoor Pump Station Improvements 600,000 (55,000) 545,000 Total Water Construction 2011 12,908,450 1,915,381 - 14,823,831 Water Con-strllctiQrt(New 2012} 2012 New Annual Water Line Distrib Extensions - 150,000 150,000 2012 New 2012 Meter Replace&Cross Connect - 150,000 150,000 2012 New Water Line Replace-Road 56 204,000 204.000 Total Water Construction 2012 504,000 504,000 5gwer_Cons1bri 121111 Cyntinuedi 2011 Stipp New Lift Station-Commercial&Kahlotus Hwy 100,000 1,100,000 2011 Supp New NW Common Lift Sations - 71,000 71,000 Continuing 2010 WWTP Improvements 1,980,000 - 1,980,000 Total Sewer Construction 2011 1,980,000 1,171,000 - 3,151,000 Sewer Construction(New 20121 2012 New Annual Sewer Line Re-Lining - 410,000 410,000 2012 New Annual Sewer Line Extensions - 200,000 200,000 Total Sewer Construction 2012 - - 610,000 610,000 PWRF!2onstrrrction JrNL-w 213121 - 2012 New PWRF Farm Related - 170,000 170,000 Total PWRF Construction 2012 - - 170,000 170,000 Stormwater CQnstruction 120111 - Continuing LID#148 Kurtzman Park Ph. II 49,230 49,230 Total Stormwater Const 2011 - 49,230 - 49,230 S_.4o.rrnwater.Construrtllun (New 2012} 2012 New Annual Dryweli Retrofit - 100,000 100,000 Total Stormwater Const 2012 - - 100,000 100,000 1rrigatign Construction 12011 Continued t CIP Budget Increase New CIP Budget Status Protect Title 2011 (Decrease l Project 2012 Continuing Well Houses 150,000 - 150,0130 2011 Supp New USBR Irrig Connection 2,402,000 2,402,000 Total Irrigation Construction 2011 150,000 2,402,000 - 2,552,000 Irriitatf411 Construction IN."_20121 2012 New Annual Irrigation Line Extensions - 100,000 100,000 2012 New Linda Loviisa Well House 60,000 60,000 Total Irrigation Construction 2012 - - 160,000 160,000 TOTAL CIP BUDGET 22,593,076 10,244,171 2,980,790 35.818,037 TOTAL 2011 CONTINUING 22,593,076 10,244,171 - 32,837,247 TOTAL 2012 NEW - - 2,980,790 2,980,790 TOTAL CIP BUDGET 22,593,076 10,244,171 2,980,790 35,818,037 Section Two: This Ordinance shall be in full force and effect on January 1, 2012 PASSED by the City Council of the City of Pasco this 19th day of December, 2011. ATTEST: DEBRA L.CLARK,CITY CLERK MATT WATKINS,MAYOR APPROVED AS TO FORM: LELAND B. KERR, CITY ATTORNEY t AGENDA REPORT FOR: City Council December 13, 2011 TO: Gary Crutchfie Manager Regular Mtg.; 12/19/11 FROM: Stan Strebel, D uty City Manager SUBJECT: Water Utility Amendments --Clarification on Irrigation Use 1. REFERENCE(S): 1. Proposed Ordinance 2. Memo on Residential Backflow Prevention Policy II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 12119: MOTION: I move to adopt Ordinance No, , regarding irrigation water utility rules and regulations and, further, authorize publication by summary only. III. FISCAL IMPACT: NIA IV. HISTORY AND FACTS BRIEF: A) At the meeting of December 12, Council discussed the attached memorandum on the City policy regarding irrigation water use and backflow prevention devices. In the course of discussion, it was noted that the Municipal Code should be amended to clearly state the City's policy on required irrigation water use when available and the responsibility for costs associated with residential backflow devices when irrigation water is available. V. DISCUSSION: A) The attached ordinance amends PMC Section 13.61.060 to address the two issues noted above. Adoption will provide clear direction in regard to this issue. Staff so recommends. 8(1) ORDINANCE NO. AN ORDINANCE of the City of Pasco, amending Title 13 of the Pasco Municipal Code regarding irrigation water utility rules and regulations. WHEREAS, the City Council has determined that certain amendments to Title 13 "Water and Sewer" regarding irrigation water utility rules and regulations are necessary, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section I. That Section 13.61.060 of the Pasco Municipal Code entitled "Irrigation Water Use Required When Available" is amended to be entitled and shall read as follows: 13.61.060 IRRIGATION WATER USE REQUIRED WHEN AVAILABLE. A) In order to promote the most efficient use of the City's domestic and irrigation water supplies and systems, the utilization of irrigation water in lieu of domestic water for single family residential properties is strun. ly eticQuru-0 wed and payment for water is rewired, reWdleas of usc, when such service is available weye it The City Manager is authorized to allow an exemption from the t4+k requirement in subsection A (*ftd4reffi the monthly irrigation service charge), for individual property owners who document their non-use of the irrigation utility prior to September 1, 2002, and who remain non-users of the system. Such property owners will be required to enter into an agreement with the City which sets forth the conditions of the exemption. The exemption is non- transferable and shall expire upon sale or disposal of the property. Such property owners shall pay an annual system availability fee, representing a proportionate share of the fixed capital costs of the irrigation utility, as set forth in Chapter 3.07 of this code. C) In cases where irrigation water is available and not utilized and a backflow prevention device is required for protection of the City's domestic water supply, all such costs associated with installation, aintenance and testing of the backflow device shall be the responsibility of the property owner. Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of 2011. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney MEMORANDUM December 8, 2011 TO: City Council FROM: Gary Crutchf a t � Manager RE: Residential 13a flow Prevention Policy Attached is a memorandum from Stan Strebel, explaining the background information regarding a policy issue involving payment for the residential backflow prevention device. A handful of property owners prefer to use treated (potable) water for their irrigation needs (usually because they want to avoid seeds and sand frequently found in the irrigation system source and/or they want to avoid the cost of connecting to a separate irrigation source). Current city policy requires the owner to pay for irrigation water if it is available, but the city does not require actual use of the irrigation water; this is accepted by most of those who prefer to use potable water for irrigation. The fact they can continue to use the potable water for irrigation, however, requires a backflow prevention device (to protect the city system from potential contamination from their irrigation use); if they connected their irrigation system to the irrigation water source available to them, the backflow prevention device would not be required. In view of the fact that a backflow prevention device is required only because they prefer not to use available irrigation water, staff believes the city should not pay for the required backflow prevention device. I have discussed this matter thoroughly with staff and concur in their recommendation. However, I wanted to run it by Council, as we are likely to get one or two owners who feel otherwise. Staff estimates the cost for a homeowner to install a backflow preventer on their property will range between $5004750 and they will be required to have it tested annually (another cost of about $70 each time). The only option to the intended policy is for the city (all water customers) to install the backflow preventer—those who have no choice will be subsidizing those who have a choice (seems backward). In addition, those who choose not to use irrigation water are already consuming scarce potable water for irrigation when they need not do so. Unless directed otherwise by Council, I will implement the staff recommendation effective with the new year. GC/tlz attachment MEMORANDUM December ?, 2011 T4: Gary Crutchfield, City Manager FROM: Stan Strebel, Deputy City Manage{ RE: Clarification on Payment for Residential Backflow Prevention Assembly In order to protect the public water system, Washington Health Department regulations require backflow prevention assemblies on individual water service connections where there is a potential source of contamination to the system (cross-connections). Because the most common potential source of contamination for residential properties is the use of an underground landscape irrigation system, using the domestic system as the source, Council agreed that the City utility would pay for the cost of installation and ongoing testing associated with residential backflow assemblies. This program has greatly facilitated City compliance with health regulations and the City is on a schedule to complete all required installations by 2014. Backflow or cross connections are not typically an issue for areas that are served by a separate irrigation system such as the City's irrigation system (north of 1-182), or Franklin County Irrigation District (generally west of US 395 and south of 1-182). Property owners who use the irrigation system exclusively for underground landscape irrigation and do not connect the domestic system to irrigation lines will not need to install the backflow prevention assembly. Yet, some property owners (usually for water quality reasons) prefer to use domestic water in spite of the availability of irrigation water. PMC 13.61,060 states: "...the utilization of irrigation water in lieu of domestic water for single family residential properties is required when such service is available." Up to this point in tirne, staff has not attempted to force the use of available irrigation water except by requiring that irrigation water be paid for when available. While the above approach still seems to be the most prudent and cost-effective enforcement method, it generates a question regarding required backflow assemblies and payment therefore. By allowing residents to choose domestic water instead of(or in addition to) irrigation water when such is available,that choice triggers the requirement for a backflow prevention assembly. Should the City absorb this cost the same as it does for those residential property owners who do not have the choice other than using domestic water for irrigation? In the view of staff, the answer is "no" due to the fact that the City, by allowing the property owner the exercise of choice in the irrigation water source, should not then be required to pay for said owner's choice. Continuing with this suggested approach, if backflow assemblies have previously been installed/tested at City expense, when an irrigation water alternative is available, the City will notify the owner of options and, if necessary, recover the assembly for use elsewhere in the system. If required, a new backflow assembly must them be installed and maintained/tested at the expense of the property owner. Staff would appreciate confirmation of this approach or, in the alternative, new direction. SS/tlz AGENDA REPORT FOR: City Counc' December 13, 2011 TO: Gary Crutch I ity Manager Regular Mtg.: 12/19/11 FROM: Lynne Jackso Hu an Resources Manager}(, SUBJECT: 2012 Temporary Employee Wage Plan �rf 1. REFERS-CE(S): I. Ordinance 2. Proposed Wage Plan II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/19: MOTION: I move to adopt Ordinance No. , revising the Temporary Employee Wage Plan for calendar year 2012 and, further, authorize publication by summary only. 1II. FISCAL IMPACT: Estimated fiscal impact of changes to the Temporary Employee Wage Plan: ■ Less than $500 IV. HISTORY AND FACTS BRIEF; A) Washington's minimum wage increases to $9.04 per hour as of January 1, 2012 (from $8.67, the 2011 state minimum wage). The state minimum wage is recalculated each year in September as required by voter approved Initiative 688, that was passed in 1998. The law requires that the state minimum wage be adjusted each year according to the change in the US City Average CPI for urban wage earners and clerical workers (CPI-W) during the 12 months ending each August 31. That CPI-W increased 4.3% during the 12-month period ending August 31, 2010. Therefore, a 4.3% increase, applied to the existing minimum wage of $8.67/hour generates a $0.37/hour, raising the minimum wage to $9,04/hour, V. DISCUSSION: A) The proposed 2012 wage scale adjusts wages for Grades TP 03, TP 04 and the lowest two steps of Grade TP 05. The wages for all other steps of Grade TP 05 and all other grades do not change. Grades TP 05, 06, TP 07, TP 08 and TP 09 were adjusted in 2009. All grades were adjusted in 2007. B) Staff recommends Council approval. 8lgl ORDINANCE NO, AN ORDINANCE CONCERNING WAGES FOR TEMPORARY NON- MANAGEMENT, NON-REPRESENTED PERSONNEL FOR THE CALENDAR YEAR 2012 WHEREAS, the City Manager has recommended the wage scale for temporary positions be modified to include an adjustment for calendar year 2012 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The wage scale for those temporary positions specified in the attached Exhibit "A" and not represented by a certified bargaining unit, shall be as set forth in Exhibit "A" attached hereto, which Exhibit is incorporated by reference as if fully set forth herein. The City shall designate the appropriate hourly wage step in Exhibit "A" for each employee covered by this Ordinance, considering their time in the position for which they are employed, their current hourly wage, and the evaluation of their performance. Section 2. The step increases set forth in Exhibit"A" are dependent upon a satisfactory work performance. Section 3. The wage scale set forth in Exhibit "A" shall be effective January 1, 2012 and remain in effect until this Ordinance is amended or superseded by subsequent Ordinance. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. This Ordinance shall take effect five (5) days after passage and publication according to law. PASSED by the City Council of the City of Pasco at a regular meeting this 19th day of December, 2011. Matt Watkins, Mayor ATTEST; APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Wage Scale for Temporary Employees - 2012 Position Grade 00 01 02 03 04 I season *2 seasons *3 seasons * 4 seasons Clerk/Casliier TP 03 9.04 9.13 9.22 9.31 9.40 Recreation aide Department Aide Recreation Leader i Engineering Aide TP 04 9.13 9.22 9.31 9.50 9.69 Department Aide 2 Facility Supervisor 1 Lifeguard Recreation Leader 2 Instructor/Guard TP 05 9,31 9.50 9.64 9.92 10.22 Mechanic's Helper Professional Instructor TP 06 9.61 9,89 10.40 10.92 11.43 Head Lifeguard Temporary Secretary Facility Supervisor 2 Program Manager Professional Instructor 2 TP 07 10.50 11.00 11.50 12.00 12.50 Facility Supervisor 3 (Pasco 14S) 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 18.501 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. 18 FOR; City Counci December 1, 2011 TO; Gary Crutchfie y Manager FROM: Ahmad Qayoun.i, lic Works Director Regular Mtg.: 12/19!11 SUBJECT: Award Pasco Wastewater Treatment Plant Optimization Improvements Project, #C3-10-5I-SWR I. REFERENCE(S): 1. Bid Tab—Complete List 2. Bid Tab—Final Selected Items 3. Supplemental Qualifications Clarification & Engineer's Recommendation 4. Consultant's Recommendation & Qualifications Determination II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS; 12/19: MOTION: I move to award the low bid for the Pasco Wastewater Treatment Plant Improvements Project, #C3-10-51-SWR to Apollo, Inc. in the amount of $1,021,919.88, including sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Sewer Utility Fund IV. HISTORY AND FACTS BRIEF: A) On September 19, 2011 the Council approved the agreement with HDR Engineering in the amount of $311,011.00 for the design of the Wastewater Treatment Plant Optimization Improvements recommended in the City of Pasco Wastewater Treatment Plant Capacity Technical Memorandum submitted to the City previously on April 15, 2011, to meet the National Pollutant Discharge Elimination System permit requirements issued by the Department of Ecology June, 2010. B) HDR, in concert with the City of Pasco Public Works Department, developed the design and a set of construction bid documents. The Project was advertised on November 13, 2011 with a scheduled bid opening on November 30, 2011 at 2:00 p.m. V. DISCUSSION: A) On Wednesday, November 30, 2011, the City received three (3) bids for the project. Upon opening of the bids, it appeared that Williams Brother Construction's bid contained certain irregularities with regard to missing required qualifications information. Williams Brother Construction was the high bidder, with a Total Contract Lump Sum Price of$4,473,121.40. The apparent low bidder was Williams Charles West with a Total Contract Lump Sum Price of $3,545,595.80. The remaining bidder was Apollo, Inc. with a Total Contract Lump Sum Price of$3,565,886.88. B) City Public Works staff and the Consultant (HDR) staff reviewed all three bid packages, including performing a mathematical check of all unit prices, extensions and totals, completion of the required bid document information, and statements of experience contained in the bid proposal documents. After careful review and consultation with the City's legal counsel, it was determined that the apparent low bidder, Williams Charles West, should be disqualified on the basis 9(a) that the bidder failed to be responsive to the requirement to provide "... three wastewater projects similar in scope and work type to the work identified herein, which have been completed by BIDDER. " The requirements were outlined in the bid documents and explained in the pre-bid meeting. C) It is staff's recommendation that Apollo, Inc. be determined the responsive low bidder with a Total Contract Lump Sum Price in the amount of $3,565,886.88, including sales tax. The Engineer's estimate was $3,250,000.00, plus sales tax. After reviewing the bids, staff believes the bidding climate was good and the bids received represent the best prices that can be received. The requirements for the design are to renovate the existing wastewater treatment plant. The Engineer's estimate reflects the estimated total cost prepared in November 2011. D) Based on limited funding options, the City elected to conduct a bid that allowed a "menu" style list for bid items. After consideration of the items and prices from the approved low bidder, the total construction cost after reducing the tasks to the following is $1,021,919.88. Selection of certain items for construction was explained to contractors in the bid package and in the pre-bid meeting. The following items are selected based on current available budget and priority: a. Removal and Replacement of the existing screenings system. b. Installation of individual aeration basin control valves. c. Removal and replacement of all aeration diffuser membranes. d. Piping modifications to the sludge pumping system and replacement of P914 and P916 Rotary Drum Feed Pumps, e. Addition of an office to the northeast side of the Operations Building. f. Trench excavation safety system. g. Modifications to potable/non-potable water system for make-up water to Polymer System. Bid Tabulations mpleta List Project No. Sid Date:November , WWTP Improvments Contractor: Contractor: Contractor., Engineering Estimate Williams Charles West Apollo Williams Brother Item No. Description Quantitl Unit Total Prke Total Price Total Price Total Price Removal and Re piatement of Ifie existing 1 screenings system 2 L5 S 385,000.00 $ 451,500.00 5 571,707.00 Removal and replacement of one(1)high speed 2 turbine aeratior blower 1 LS S 273;000.00 S 235,400.00 $ 304,497.00 Installator of one(11 new high speed turbine 3 aeration blower 1 LS $ 265,000.00 $ 230,200.00 S 238,557.00 Installation of individual aeratior basin control 4 valves 1 L5 $ 222,000.00 S 213,500.00 S 204,754.00 Removal and replacement of ali aeration diffuser 5 membranes i LS $ 63,540.00 $ 60,100.00 $ 53,360.00 Screw press includirg Inad out Screw Conveyor not 6 associated with Boiler Building Additon. 1 L5 $ ti r 700,000.00 $ 796,500.00 5 923,751.00 7 Mod!rications to the existing lime feed system I L5 $ 213,000.00 S 185,900.00 $ 164,198.00 Steam Boiler system and additional Screw 8 Conveyor,associated with Boiler 6uIIdIng Addition. 1 LS $ 597,000.00 $ 62E,000.00 $ 1,141,734.00 Piping modirications to the sludge pumplrg system and replacement of P914 and P916 Rotary Drum 9 Feed Pumps. i LS $ 223.00iJ,OU S 116,500,00 $ 119,818m Addition of an office to the northeast side of the 10 0 per 3tiorns Building 1 IS $ 115,M.00 $ 91,000.00 $ 205,176.00 Addition of a conference room to the southeast side 11 of the Operations Building 1 LS - S 277,000,00 S 275,000.00 $ 167,754.00 12 Trench Excavation Safety System 1 L5 $ 2,115.00 S 1.00 $ 10,000.00 Modifications to pctablelnon•potahI@ water system .' 13 for make-up water to Polymer System 1 lS $ 39,250.00 $ 11,000.00 $ 25,000.00 Subtotals: $ 3,273,905.00 $ 3,292,601.00 $ 4,130,306.00 Sales Tax @ 8.336: $ 271,734.12 $ 273,285.88 $ 342,815.40 TO TAILS: $ 3,250,040,00 $ 3,545,639.12 $ 3,565,886.88 $ 4,473,121.40 r aid Tabulations Project No. Bid Date;November 30,2011 WWTP lmprovments Cantrocton Contractor; Commetor Engineering Estlmote Williams Charles West Apollo 11Vfl i Brother Item No. Description Qwantitiy Unit Total Price Total Price Total Price Total Prke Removal and Replacement of the existing k. 1 screenings system 1 LS - ? 385,000.00 S 451,500.90 t$ 571,707.00 Installation of individual aeration basin control " 4 valves 1 LS 5: 222=00 213 500.90 S 204,754110. Removal and replacement of all aeration diffuser 5 membranes 1 L5 - 2$ 63.540.00 $ 60,100.00 53,360.00 Piping modifications to the sludge pumping system and replacement of P914 and P916 Rotary Drum L 9 Feed Pumps. 1 L5 $ 123,000.00, $ 116,509.00 119,81800 Addition of an office to the northeast side of the 10 Operations Buiidirg 1 LS r$ 115,000.06; 5 91,000.96 ±$ 105,176.110 12 Trench Excavation Safety S stem 1 1.5 1,115.00 $ 1.00 }$' 10,000.00, Modifications to potable/non-potable water system r 13 for make.up water to Polymer System 1 LS $ 39:250.00 5 11,000.00 1'$. 25,000.00+ Subtotals: $ 948,905.00 $ 943,601.90 $ 1,089,815.00 Sales Tax @ 8.3%, $ 78,759.12 $ 78,318.88 $ 90,454.65 TOTALS: $ 3,250,009.00 $ 1,027,664.12 $ 1,421,919.88 $ 1,180,269.65 sv * ! PUBLIC W01RJ(S/ENGINEERING DIVISION 509-545-3444/FAX 509-543-5728 P.O. BOX 293, 525 NORTH THIRD AVENUE, PASCO,WASHINGTON 99301 I;. e� December 1, 2011 Mr. Keith Larson, President William Charles West 5920 West Clearwater Avenue Kennewick, WA 99336 RE: City of Pasco Wastewater Treatment Plant Optimization Improvements Project Dear Mr. Larson: On November 30, 2011 the City opened three (3) bids for the Pasco Wastewater Treatment Plant Optimization improvements Project. The apparent low bidder was William Charles West with a total of$3,545,639.12. After review of the complete bid package from William Charles West, City staff and HDR Engineering representatives determined that the Bidder was non-responsive, therefore the bid was rejected. Based on Section 00450, "STATEMENT OF QUALIFICATIONS", the Bidder must show experience in "a minimum of three wastewater projects in similar scope and work type to the work identified herein, which have been completed by BIDDER", Project Manager, Project Superintendent, and Project Engineer. William Charles West provided acceptable qualifications for the Project Manager and Project Superintendent; however, the qualifications for the Bidder and Project Engineer were determined to be unacceptable. The "William Charles West Experience" list of projects did not include wastewater project experience similar in scope and work type to this project. Two of the projects listed for the Project Engineer were not related to wastewater treatment. The third project, which was related to wastewater, is not complete at this time and does not meet the required information. Under Article 17.1 of Specification Section 00100: "OWNER reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any BIDDER if OWNER believes that it would not be in the best interest of the Project to make an award to that BIDDER, whether because the Bid is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER." Williams Charles West December 1, 2011 Page 2 The supplemental qualifications issued in the specifications are within compliance with current Washington State law; where a municipality may issue further requirements that a Contractor must have previous experience with similar projects of scope and size. After consideration of the second lowest Bidder's package, Apollo, inc., it was determined that Apollo, Inc. met all requirements of the specifications. Therefore, the lowest, responsive, responsible bidder is determined to be Apollo, Inc. with a Total Contract Lump Sum Price of$3,565,886.88. City staff recommends that Apollo, Inc. be awarded the Pasco Wastewater Treatment Plant Improvements Project. Sincerely, Ahmad Qayoumi Public Works Director AQ/mp xc: LJProject File 0 , PUBLIC WORKS/ENGINEERING DIVISION 509-545-3444/FAX 509-543-5728 �1 .j P.O.BOX 293, 525 NORTH THIRD AVENUE,PASCO,WASHINGTON 99301 qqqpw December 1, 2011 Ms. Amy Jenne,Vice President Apollo, Inc. 1133 W. Columbia Drive Kennewick, WA 99336 RE: City of Pasco Wastewater Treatment Plant Optimization Improvements Project Dear Ms. Jenne: On November 30, 2011 the City opened three (3) bids for the Pasco Wastewater Treatment Plant Optimization Improvements Project. The apparent low bidder was William Charles West with a total of$3,545,639.12. After review of the complete bid package from William Charles West, City staff and HDR Engineering representatives determined that the Bidder was non-responsive, therefore the bid was rejected. Based on Section 00450, "STATEMENT OF QUALIFICATIONS", the Bidder must show experience in "a minimum of three wastewater projects in similar scope and work type to the work Identified herein, which have been completed by BIDDER", Project Manager, Project Superintendent, and Project Engineer. William Charles West provided acceptable qualifications for the Project Manager and Project Superintendent; however, the qualifications for the Bidder and Project Engineer were determined to be unacceptable. The "William Charles West Experience" list of projects did not include wastewater project experience similar in scope and work type to this project. Two of the projects listed for the Project Engineer were not related to wastewater treatment. The third project, which was related to wastewater, is not complete at this time and does not meet the required information. Under Article 17.1 of Specification Section D0100: "OWNER reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any BIDDER if OWNER believes that it would not be in the best interest of the Project to make an award to that BIDDER, whether because the Bid is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER." Apollo, Inc. December 1, 2011 Page 2 The supplemental qualifications issued in the specifications are within compliance with current Washington State law; where a municipality may issue further requirements that a Contractor must have previous experience with similar projects of scope and size. After consideration of the second lowest Bidder's package, Apollo, Inc., it was determined that Apollo, Inc. met all requirements of the specifications. Therefore, the lowest, responsive, responsible bidder is determined to be Apollo, Inc. with a Total Contract Lump Sum Price of$3,565,886.88. City staff recommends that Apollo, Inc. be awarded the Pasco Wastewater Treatment Plant improvements Project. Sincerely, Ahmad Qayoumi Public Works Director AQ/mp xc: L/Project File PUBLIC WORKS/ ENGINEERING DIVISION 509-545-3444 /FAX 509-543-5728 l� PAP 1'.O.BOX 293, 525 NOR'T'H THIRI3 AVENUE,PASCO,WASHINGTON 99301 e December 1, 2011 Mr. John D. Williams Williams Brother Construction, LLC 5713 W. Garden Springs Road Spokane,WA 99224 RE: City of Pasco Wastewater Treatment Plant Optimization Improvements Project Dear Mr. Williams: On November 30, 2011 the City opened three (3) bids for the Pasco Wastewater Treatment Plant Optimization Improvements Project. The apparent low bidder was William Charles West with a total of$3,545,639.12. After review of the complete bid package from William Charles West, City staff and HDR Engineering representatives determined that the Bidder was non-responsive, therefore the bid was rejected. Based on Section 00450, "STATEMENT OF QUALIFICATIONS", the Bidder must show experience in "a minimum of three wastewater projects in similar scope and work type to the work identified herein, which have been completed by BIDDER", Project Manager, Project Superintendent, and Project Engineer. William Charles West provided acceptable qualifications for the Project Manager and Project Superintendent, however, the qualifications for the Bidder and Project Engineer were determined to be unacceptable. The "William Charles West Experience" list of projects did not include wastewater project experience similar in scope and work type to this project. Two of the projects listed for the Project Engineer were not related to wastewater treatment. The third project, which was related to wastewater, is not complete at this time and does not meet the required information. Under Article 17.1 of Specification Section 00100: "OWNER reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any BIDDER if OWNER believes that It would not be in the best interest of the Project to make an award to that BIDDER, whether because the Bid is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER." Williams Brother Construction December 1, 2011 Page 2 The supplemental qualifications issued in the specifications are within compliance with current Washington State law; where a municipality may issue further requirements that a Contractor must have previous experience with similar projects of scope and size. After consideration of the second lowest Bidder's package, Apollo, Inc., it was determined that Apollo, Inc. met all requirements of the specifications. Therefore, the lowest, responsive, responsible bidder is determined to be Apollo, Inc. with a Total Contract Lump Sum Price of$3,565,886.88. City staff recommends that Apollo, Inc. be awarded the Pasco Wastewater Treatment Plant Improvements Project, Sincerely, Ahmad Qayoumi Public Works Director AQ/m p xc: L/Project File Mr. Ahmad Qayounxi, P.R. December 1, 2011 City of Pasco,Public Works Director P.O. Box 293 525 N.3rd Avenue Pasco,WA 99301 Mr, Qayourni, On November 30,2011 the City received and opened three (3) bids fcj' the Pasco Wastewater Treatment Plant Improvements Project. The apparent low bidder was William Charles West. After review of the complete bid package from William, Charles West, it was determined that the Bidder was non-responsive, therefore the bill was rejected. William Charles West did not meet the requirements of Section 00450, "STATEMENT OF QUALIFICATIONS". The lowest, responsive, responsible bidder is Apollo, Inc. with a Bid of $3,565,886.88. .Sincerely, ?W�� I John Koch,P.E. Project Manager HDR Engineering HDREgion erir.p.Ioo. 2805 SoVAndlewSLoop Phone 1$081546.2044 SvIe A Pax,(509)646.2M Pasco,WA99301,6121 "mhdiinc.corn AGENDA REPORT NO. 13 FOR: City Council December 8, 2011 TO: Gary Crutchfi a ger FROM: Ahmad Qayou bi, ublic Works Director orkshop Mtg.: 12112/2011 Regular Mtg.: 12/19/2011 SUBJECT: Columbia Water Supply -Raw Water Intake Irrigation Pipeline I. REFERENCE(S): 1, Professional Services Agreement with Scope of Work 11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 12/12: Discussion 12/19: MOTION: I move to approve the Professional Services Agreement with Murray, Smith and Associates, Inc. authorizing professional services with respect to the Columbia Water Supply—Raw Water Intake Irrigation Pipeline, not to exceed $609,814.00 and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: None; paid by Ecology grant IV. HISTORY AND FACTS BRIEF: A) The City currently draws raw water to supply its new West Pasco Water Treatment Plant (WPWTP) from an existing intake located immediately west of the 1-182 bridge on the north side of the Columbia River. The existing intake is an older City irrigation system facility that has been modified to enable pumping through the new membrane pressure filters at the WPWTP. Both irrigation and potable water is withdrawn from here. The existing intake has a maximum hydraulic capacity of 9 MGD (approximately 3 MGD for irrigation and 6 MGD for WPWTP). The City intends to construct the new intake structure by the end of 2015, including a pumping facility and raw water pipeline designed and constructed to match the ultimate capacity of the WPWTP (18 MGD). The City also intends to construct a new irrigation system supply pipe and booster pump station. This phase covers the design and construction of improvements to the existing City of Pasco municipal irrigation system to deliver at least 1,000 Acre-feet of water from the USBR permit. The project includes approximately 12,000 feet of 16-inch pipeline from the existing 1-182 intake site to connect with the existing irrigation system in Sandifur Parkway at Road 84, and a booster pump station along the route of the 16-inch pipeline, near the southerly convergence of Harris Road and I-182, furtherance of the City's Irrigation Master Plan, B) In April 2011, staff sent a formal Request for Proposals (RFP) to five consulting firms and received two responses in May. City interviewed the two consulting firms which met the criteria as outlined in the RFP. After extensive discussions and failed negotiations with one of the consultants, the consultant selection team picked Murray, Smith and Associates, Inc., and successfully negotiated the scope and budget for the project. V. DISCUSSION: A) The selected consultant (Murray, Smith & Associates, Inc.) has over 30 years experience in Civil Engineering with expertise in public utilities such as water and sanitary sewers. Over the years, MSA has built one of the strongest municipal engineering groups in the Pacific Northwest. MSA demonstrated performance and 1Q(a) excellent reputation has been key to the firm's continued growth and success. They have presented a well-planned scoping that meets the City's guidelines and budget to accomplish the project goals. It is a very complex project that involves reviews and coordination with many agencies such as the Army Corps, Fish & Wild Life, Department of Ecology and many more. MSA has designed and managed a number of similar complex water and sewer projects with excellent results. The firm only works with local agency projects and has a very good reputation with public agencies in the Northwest. B) Work involves any tasks necessary to complete permitting of new and old facilities including final drawings and specifications suitable for the City to solicit bids for construction. The fee for this work is proposed at the lump sum of$609,814.00 and is expected to be completed by October 1, 2013. The cost is fully offset by the recent Ecology grant for this project. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and MURRAY, SMITH & ASSOCIATES, INC. hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide PROFESSIONAL ENGINEERING SERVICES with respect to the COLUMBIA WATER SUPPLY — RAW WATER INTAKE, and Consultant has demonstrated that it is highly qualified to perform these services. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with EXHIBIT A. 2. Ownership and use of documentI. A. The parties acknowledge that this Agreement shall be governed by RCW Chapter 42.56 and any other State or Federal law relating to confidentiality, intellectual properties, and public disclosure. The parties shall make a good faith effort to comply with such Iaws, and to the fullest extent allowed by law, comply with the provisions of this section. B. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered shall not be considered public records,provided, however, that: (1) All final reports, presentations and testimony prepared by Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. (2) The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of Consultant, copy any work product. (3) In the event that Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of Consultant, along with a summary of work done to date of default or termination, shaII become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost, if the Agreement is terminated through default by Consultant. If the Agreement is terminated Professional Services Agreement - I through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of work done. (4) Consultant shall maintain all documents associated with work performed under this Agreement for a minimum period of three (3) years after completion of the work. This provision shall survive termination of this Agreement. (5) Consultant shall respond to requests by the City for records within five (5) business days by either providing the records, or by identifying in writing that additional time is necessary to provide the records with a description of the reasons why additional time is needed. Records shall be provided to the City within twenty (20) days of the date of the request. Provisions of Section 5 in this Agreement sha11 specifically apply to any claim arising out of Consultant's failure to properly maintain or timely produce records as described herein and as otherwise required by law. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a LUMP SUM basis as set forth on the fee schedule found in EXHIBIT A provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $609,814.00, without approval from the City. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may subnut vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly, no later than October 1, 2013. 5. Hold harmless agreement. In performing the work under this Agreement, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from: Professional Services Agreement- 2 A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and R For liability other than professional liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services under this Agreement, or from conditions created by the Consultant performance or non- performance of said work or service. 6. General and Professional liability insurance. Consultant shall secure and maintain in full force and effect during the performance of all work pursuant to this Agreement a policy of comprehensive general liability insurance providing coverage of at least $1,000,000 per occurrence and $2,000,000 aggregate for personal injury; $1,000,000 per occurrence and $2,000,000 aggregate for property damage; errors and omissions insurance in the amount of $1,000,000; and automobile insurance as required by law. Each such insurance policy shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policies, except upon thirty (3D) days written notice to the City. The City shall be named as a certificate holder on each insurance policy. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this Agreement. Consultant shall make no claims for benefits for employment against the City including, but not limited to, sick leave, medical insurance, coverage under the City's State Department of Labor and Industries policy, vacation benefits, retirement, or unemployment benefits. Consultant shall comply with all State and Federal laws including, but not limited to, the requirements of RCW 50.04.0140 and RCW 51.08.195. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work perfonned pursuant to this Agreement must meet the approval of the City. Professional Services Agreement- 3 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and any schedules or exhibits listed in this agreement and attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of EXHIBIT A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. In the event a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and cost. In the event any provision of this Agreement is deemed to be unenforceable, the other provisions of the Agreement shall remain in full force and effect. 16. Notices. Notices to the City of Pasco shall be sent to the following address: City of Pasco P. 4. Box 293 Pasco, WA 99301 Professional Services Agreement-4 Notices to the Consultant shall be sent to the following address; MURRAY, SMITH & ASSOCIATES, INC. 121 SW Salmon St# 900 Portland, OR 97204-2919 Receipt of any notice.. shrill be deerncd effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF , 20 CITY OF PASCO CONSULTANT: By: By: Matt Watkins, Mayor Dave Leibbrandt, P.E., president ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Professional Services Agreement- 5 ECOLOGY CONTRACT #01200160 Attachment A SCOPE OF WORK: City df Pasco Columbia River basin Water Supply Development City of Pasco Municipal Potable and Irrigation Water Supply Improvements PROJECT DESCRIPTION: The City of Pasco currently draws water through their I-182 Columbia Rivet'intake for use in both their raw water supply to the West Pasco Water Treatment Plant (WPWTP) and municipal irrigation systems. According to the.preliminary engineering-fork for the WPWTP, total withdrawals through the I-182 intake are limited to approximately 9.0 MOD (6,250 gpm). In its current phase, the WPWTP is designed to pnxiuce 6.0 MGD for potable water use, leaving 3.0 MGD for use in the municipal irrigation system. Per discussions with the Department of Ecology, the City will use the proposed 5,000 Acre-Foot of water from the USBR permit for the proposed water supply improvements, with 1,000 Acre-feet allocated for irrigation and 4,000 Acre-feet allocated for the domestio potable water system. The Project will be completed in multiple phases, as follows: PHASE 1 —NEW POTABLE WATER SYSTEM INTAKE: AND PUMP S'T'ATION PERMITTING AND DESIGN: This phase covers the permitting and design of the new intake structure and pump station to deliver raw water to the West Pasco Water Treatment Plant (WPWTP). The new intake and pump station facility will be located adj scent to the existing intake, which will be converted to municipal irrigation system service after the new potable water system intake is constructed. PHASE 2 —NEW IRRIGATION SYSTEM SUPPLY PIPE AND BOOSTER PUMP STATION. This phase covers the design and construction of improvements to the existing City of Pasco municipal irrigation system to deliver 1,000 Acre-feet of water from the USBR permit. The project includes approximately 12,000 feet of 16-inch pipeline from the existing 1-182 intake site to connection with the existing irrigation system in Sandifur Parkway at Road 84, and a booster pump station along the route of the 16-inch pipeline, near the southerly convergemce of Hares Road and 1- 182, in compliance with the City's Irrigation Master Plan. FUTURE PHASE. 3 —NEW POTABLE WATER. SYSTEM INTAKE AND PUMP STATION CONSTRUCTION: This phase covers the construction of the new intake structure and pump station to deliver raw water to the West Pasco Water Treatment Plant (WPWTP). Page 6of16 ECOLOGY CONTRACT #01200160 PROJECT BUDGET: The Project Budget is funded under a Grant from the Department of Ecology, Office of the Columbia River, and other funding sources matched by the RECIPIENT. PROJECT LOCATION: T9N, R29E, WORK PROGRAM. The RECIPIENT shall comply with the State Environmental Policy Act (SEPA) and shall acquire all federal, state, and/or local permits neccssary for this project. Copies of all permits, plans, specifications, and documentation for compliance with necessary permits will be submitted to DEPARTMENT prior to commencement of construction. PROJECT TASKS PHASE I — NEW POTABLE WATER SYSTEM INTAKE AND PUMP STATION PERMITTING AND DESIGN RECIPIENT has conducted a competitive process and selected a Consultant to complete Phase 1 of the project. Consultant selection was in accordance with Adm_irListrative ae_q it =,n,� Recinienis of Ecology Orants and Loans (The Yellow Book), TASK 1: PROJECT MANAGEMENT 1,l: Develop and manage work plan; periodic project meetings with City staff; periodic briefings to City Council; subconNuliwit ntanagen-ient; monthly progress reporting to City coordination with Ecology (by City). Deliverables: Work plan; project status reports; monthly conference call/meetings or email updates with Ecology(by City). Deliverables: Work plan; project status reports. Timeline: December 1,2011 through September 30, 2013 Budget: $24,640 TASK 2: PERMITTING SERVICES AND INTERAGENCY COORDINATION 2.l Preliminary regulatory review and assessments; preliminary agency consultations and determination of requirements; site-specific environmental assessments documentation and draft reporting; City and Agency reviews; final reporting; pertnit applications and processing; interagency coordination, Page 7of16 ECOLOGY CONTRACT #C1200160 Deliverables: Permits and documentation for compliance. Timeline: December 1, 2011 through March 31, 2013 Budget; $62,554 TASK 3: FIELD INVESTIGATIONS, ARCHAEOLOGICAL INVESTIGATIONS AND TECHNICAL STUDIES 3.1: Background data review; review existing project reports and technical memoranda; hydraulic analysis; geotechnieal investigations; survey and mapping; utility investigations; archaeological and cultural investigations. Deliverables: Archaeological and cultural reports. Tireline: Duxmber 1, 2011 through June 30, 2012 Budget: $49,056 TASK 4: DESIGN SERVICES 4.1: Preliminary design, (;30%); design submittals (60% and 90%); final construction documents ("as-bid" set), construction pt=its. Deliverables: Two copies each: Final Design documents including all supporting documentation signed and sealed by a professional engineer licensed in the State of Washington. Construction Contract including pricing infonxnation, exceptions to the construction agreement and a construction schedule. Timeline: July 1, 2012 through September 30, 2013 Budget: 1273,585 TASK 5: PROPERTY ACQUISITION 5,1 Acquire permanent and construction easements for intake and pump station. Page 8 of 16 ECOLOGY CONTRACT #01200160 Deliverables: Executed easements. Timeline: December 1, 2011 through June 30, 2012 Budget; $140,165 PHASE 2 —NEW IRRIGATION SYSTEM SUPPLY PIPE AND BOOSTER PUMP STATION RECIPIENT has conducted a competitive process and selected a Consultant to complete permitting, design and construction management assistance for Phase 2 of the project. Consultant selection was in accordance with Administrative Reguirements for Recipients of Ecoloy Grants and Loans (The Yellow Book). TASK 1 ; PROJECT MANAGEMENT 1.1 ; Periodic project meetings with City staff, periodic briefings to City Council; sub- consultant management; monthly progress reporting to City, coordination with Ecology(by City). Deliverables: Project status reports, monthly conference cal]/meetings or email updates with Ecology(by City), Timeline; December 1, 2011 through June 30, 2013 Budget: $14,166 TASK 2: PERMITTING SERVICES AND INTERAGENCY COORDINATION 2.1 Preliminary regulatory review and assessments;preliminary agency consultations and determination of requirements; site-specific environmental assessments documentation and draft reporting; City and Agency reviews; final reporting; permit applications and processing; interagency coordination. Deliverables: Permits and documentation for compliance. Timeline: December 1, 2011 through March 31, 2012 Budget: $18,826 Rage 4of16 ECOLOGY CONTRACT #01200160 TASK 3: FIELD INVESTIGATIONS, ARCHAEOLOGICAL INVESTIGATIONS AND TECHNICAL STUDIES 3.1: Background data review; review existing project reports and technical memoranda; hydraulic analysis; survey and mapping; utility investigations; archaeological and cultural investigations. Deliverables: Archaeological and cultural reports. Timeline: December 1, 2011 through March 31, 2012 Budget: $28,987 TASK 4: DESIGN SERVICES 4.1: Preliminary design(30%); design submittals (60% and 90%); final construction documents("as-bid" set); construction permits. Deliverables: Two copies each: Final Design documents including all supporting documentation signed and sealed by a professional engineer licensed in the State of Washington. Construction Contract including pricing information, exceptions to the construction agreement and a construction schedule. Timeline: December 1, 2011 through May 30, 2012 Budget: 586,803 TASK 5: BIDDING AND CONSTRUCTION PHASE ENGINEERING SERVICES 6.1: Construction management; bidding and award phase; construction contract administration; shop drawing and submittal reviews; on-site engineering during construction;testing, start-up, training and project close-out; record drawings. Deliverables: Construction status reports; monthly conference call/meetings or email updates with Ecology (by City). Timeline: June 1, 2012 through March 31, 2013 Budget: $51,218 plus local match Page 16 of 16 ECOLOGY CONTRACT #01200160 TASK 6: BEDDING AND CONSTRUCTION 6.1 RECIPIENT will conduct Construction hid process and select a contractor(or contrachws) to complete.wnsinlction (.)f'Phase 7 of the project. Contractor selection will he in accordance with Administrative lac 're c.nlogy Grants (The Yellow Bouk). The RECIPIENT will, at a minimum, complete a competitive process to allow for mid tip]c proposals. 6.2 Initiate construction contract. 63 Quality control, field inspection, and progress reporting. RECIPIENT and/or its agents or assigns will construct the project and will maintain monthly reports documenting pro&Tess, field inspections, and problems encountered, to support end- of-projeet invoicing. Brief monthly status updates will he emailul to the Project Manager at ajos0l @# .wa, rev. Payments tol[owing Gonstructivn will he based on RECIPIENT reports on percent complete and will be verified by DEPARTMENT technical staff prior to payment. Deliverables: Construction Contract including pricing information, exceptions to the Wnstruction agreement and a construction schedule. Monthly reports will he produced and sent to DEPARTMENT. Timeline: June 1, 2012 through March 3l, 2013 Budget: $1,902,058 Page I 1 of 16 ECOLOGY CONTRACT #C1200160 TASK 7: PROJECT CLOSEOUT 7.1: Project Closeout will include demonstration of full operation of the facilities as designed. Operation will function at design criteria levels as verified in the field froth Construction Dcic:ument level specifications and design drawing,,4. Deiivcrables: Two copies of a Final Project report, summarizing or including m(}nLhly reports, signed and sealed by a professional engineer licensed in the State of Washington will be submitted I DEPARTMENT. 'Phis report wi11 include as-built drawings, final specifications markups, and lien releases from contractors) and major vendors. It will also include a declar4tio3n, signed and stamped by the engineer, that the project was, to the best of hislher knowledge, constructed and completed in accordance with the construction plans and specifications and generally accepted engineering/construction practice. Timeline: April 1, 2013 through June 30, 2413 Budget: SO(local match) TASK 8: PROPERTY ACQUISITION 8.I Acquire permanent and construction easements for booster pump station. Deliverables: Executed easements. Timeline: December 1, 2011 through March 31, 2102 Budget: $25,000 FUTURE PHASE 3 — NEW POTABLE WATER SYSTEM INTAKE AIND PUMP STATION CONSTRUCTION Future Phase 3 constnic:lion scope, budget, timeline and funding sources will he determined after pcnviaing and do*ign phases for the now potable water system intake. and pump 5tadon ure completed under Phase 1. TASK 1: BIDDING AND CONSTRUCTION PHASE ENGINEERING SERVJCES 1.1: Construction management; bidding, and award phase; construction contract administxation; shop drawing and submittal reviews; on-site engineering during construction; testing, start-up, training and project close-out; record drawings, Page 12 of 16 ECOLOGY CONTRACT #01200160 Deliverables: TBD Timeline: TBD—approx. October 2013 through December 2014 Budget; TBD TASK 2: BIDDING AND CONSTRUCTION 2.1 RECIPIENT will conduct Construction bid process and select a contractor (or contractors;) to complete construction of Phase 2 of the project. Contractor selection will he in accordance with Ac4ninistrative&guirernents fur R •ip eg i:s of Ecolo g Grants and ans (The: Yellow Book).The RECIPIENT will, at a minimum, complete a competitive process to allow for multiple proposals. 2.2 Initiate construction contract. 2-3 Quality control, field inspection, and progress reporting. RECIPIENT and/or its agents or assigns will construct the project and will maintain monthly reports docurnenting progress, field inspections, and problems encountered, to support end- of-project invoicing. Brief monthly status updates will be emailed to the Project Manager at ajos461(6 +r.wa.gov. Payments following construction will be based on RECIPIENT reports on percent complete and will be verified by DEPARTMENT technical staff prior to payment. Deli verables-. Construction Contract including,pricing information, exceptions to the construction agreement and a construction schedule. Monthly reports will be produced and sent to DEPARTMENT. Timeline TBD—approx. October 2013 through December 2014 Budget: TBD TASK 3: PR0J1--'t:l' CL0SEOUT 3-1- Project Closeout will include demonstration of full operation of die facilities as designed. Operation will function at design criteria levels as verified in the field from Construction Document level specifications and design drawings. Deliverables: Two copies of a Final Project repon, summarizing or including monthly reports, signed and sealed by a professional engineer liu4owed in the State of Washington will be submitted to DEPARTMENT. This report will include Page 13 of 16 ECOLOGY CONTRACT ##C120016U as-built drawings, final specifications markups, and lien releases from contractar(s) and major vendors, it will also include a declaration, signed and stamped by the engineer, that the project was, to the best of his/her knowledge, constructod and completed in accordance with the construction plans and specifications and generally accepted engineering/construction praclice• Timeline; TBD — approx. October 2013 th mugh December 2014 Budget: TBD Page 14 of 16 ECOLOGY CONTRACT #01200160 PROJECT BUDGET BY TASK TASK TOTAL ECOLOGY RECIPIENT PROJECT GRANT SHARE' COSTS SHARE Phase 1 —New Potable Water System Intake And Pump Station Perrritting And Design Task 1 : Pr(.)jmt Management $24,640 $24 640 $0 Task 2: Permitting Services And Interagency Coordination $62,554 $82,554 $0 Task 3: Field Investigations, Archaeological Investigations And $49,056 $49,056 $0 Technical Studies Task 4: Design Services $273,585 $273,585 $0 Task 5: Property Acquisition $140,165 $140,165 $0 Subtotal--Phase 1 S550400 $550,000 SO Phase 2 —New Irrigation System Supply Pipe,And Booster Pump Station Task 1: Project Management $14,166 $14,166 $0 Task 2: Permitting Services And Interagency Coordination $18,826 $18,826 SO Task 3: Field Investigations, Archaeological Investigations And Technical Studies 528,987 $28,987 $0 Task 4: Design Services S86,903 $86,803 $0 Task 5: Bidding And Construction Phase Engint,.eri-ng Services 551,218 $51,218 TBD Task 6: Bidding And ConstructionL $1,902,058 $1,902,058 $0 Task 7: Froject Closeout TBD $0 TBD Task 8: Property Acquisition $25,000 $25,000 $0 Subtotal —Phase 2 $2,1271,058 TBD TOTAL —PHASES 1 AND 2 TBD S2,677,058 TBD Page 15 of 16 ECOLOGY CONTRACT #01200160 Future Fhase 3 --New Potable Water System Intake And Pump Station Construction Task 1:Bidding And Construction Phase Engineering Scivices TBD 1'81) TDD Task 2: Bidding And Construction '113D TBD TBD Task 3: Pm'ect Closeout TBD TBD TBD TOTAL—FUT[JRE PHASE 3 TBD TBD 'TBD Page 16 of 16 COLUMBIA WATERSC'f PLY PROJECT ��{{ r CITN OF PASCO DRAFT PROPOSED FEE ESTIMATE; 1�1Ulikt:t.l\V/IC�IIU\ fN "IMAI cot rf.s 1.1L►: Sco{or Loom >4oWr frlxlpd Prlatiyul .S}+•c. 1' TrcA, iceA• Rrrinl Tanl ItAar SnMort+thrmr Espemc. Total 11ogn M01ilku NW 7281 Ra:SS V;A1 S&8 cu(11A PHASE 1-]NITIAL EVALUATION,PERMITTTFIG AND LAND AC 11ISM0.1 lark 1A•Proloct.MRnmacatta a6 S 1,790 S 15775 yV 5 3!)IS b 15%01 P'.,I aKn XdAlEMxrIKn1 _ _ 11 S _.i 9 Y VAplJ S �0 5 'Poa lin yet Ya Srafll I'm S 250 S c V S 100. y;. ,�ltnef-t`(Counnl l to S S t 9D7 t S 2.105 j 100 S 4 7 c Srbcan r A mtv I t 0c7 .5 _SG S �l I FSom 1_Bter_u axn rm s 7 N r 4 S s)3 5 3o S IJ Saiamd to 60 0 u 8 4 S 13.070 1 •1 S 5 •SO 2• o Usk I.8, and Inter dirlrllun RdIfa.md Au mn.qlg d 10 IS 1.13 5 S I c 7S 1 3 1.162 m r ,� Ir+r"•cnn r• rrn-11 o..e l a S .� .61 3 ZJII 5 S .7 Sy ¢ �i:u•5cr}QI.ta1Lnmm�i+ai Assc}imcnl.f)orrnic^�lien rsd D� R. is• 4 _Y 4 f 1.Q7J 9.+ 109 S ?5.s3 ''n''nv UJ AV S is S "w' ml R t ! 1 1 ' 4 3 6 td S S AS t Ssl 5 ti t{ tits ". r .m• 4 a 7 S 'r40- S 26 S 7 113 _ S 90 5 1,274 "' r •u4ur f 34 6 S .ASi 3 5 0 S s 490 f S4 T sL - std lon-UtaiMca.A charsaarkol In1 CstrrailoRs and Trehc W Stuats r(dDam-fltnkW _ 2 S 1 X9 I _ S $0 b ILnlew Pt. %e un 'd McmurxA 4 4 1 f LTS+ S U 110 C rIrukt I w} 1 1 10 14 • 1 4,1 S Q S 4.159 3 dtilcI:*'pI l 4 7 7 018 S 17:Mi 12AW S 1 5 17.W t rw ti M 2 6 4 6 S I-02• S S 50 5 ri! u ci I 10 i S I.292 ¢ .•s,r w.• 4 6 S ! 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FIARRLS ROAD IRRIGATION BOOSTER PUMV STATION AND PIPING CITY OF PASCO PROPOSED FEE ESTIMATE LAlOR TIOK UMMATiD VIES TASK S..Nr irgfan V11r. scal- Prise d 111adpul Asses \' a TreL T..h Ckrfrd Tsu! la)Hr Up— TOW HD7 RAW QIGWA Tasicl. r fMsns 411 _ : "rIm"Armen m N1 .Qs(sun 24 !4 41 S 7.IDa S 157 S 7 950 b. ri6dn noiM (Ceunnl iti lb S ).752 S IOD S 652 s beor4sdlant,yxr.ssrtnenl t 4 A S 1.700 S SO S 13SD xsi R snd Iew.ess 6 6 11 1"A S SD S 7.014 1.411r1ss0tf 46 34 d 4 7 p D 11f I 3 14.166 ssk 1.75•h'r>.MSIs 5emeet and llttnts a rdinf li L Pmltm R t Fc,ms ud Asse mmus 1 ! 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End Road" \��, , FIGURE 2 City of Pasco Water Intake Preliminary Site Layout 12 \' Approximate Needs Permanent Boundary A Construction Boundary 1 ® Existing Intake Building + future Roadway future intake :.TJ ter AGENDA REPORT No. 19 TO: City Counci December 8, 2011 FROM: Crary Cnitchfie , ager Workshop Mtg.: 12/12/11 Regular Mtg.: 12/19/11 SUBJECT. Process Water reatment System Optimization I. REFERENCE(S): 1. Professional Services Agreement II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 12/12: Discussion 12/19: MOTION: I move to approve the Professional Services Agreement with CES authorizing professional services with respect to the Comprehensive Sewer Plan, not to exceed $318,600 and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The city treats and re-uses the process water generated by the Pasco processing center during vegetable processing by applying it to agricultural crops grown on the city's farm circles. The agronomic capacity of the land dictates the maximum process water volume that can be delivered from the processing center to the city for treatment and reuse. Without additional land or other changes, the city cannot accommodate a new processor, nor expansion of existing processors. B) Staff employed the services of Cascade Earth Sciences (CES) to analyze the existing process water treatment system to identify opportunities to optimize the capacity of the system. Their effort identified several improvements the city can make to the system to achieve greater capacity(see reference #1). V. DISCUSSION: A) Staff proposes to optimize the treatment capability of the existing farm circles in order to maximize the utility of the existing system and to improve operation of the system. Improvements to the current system proposed by CES will be beneficial, as it would improve crop growth and farmer income while also maximizing the production potential for the food processors. It is also more cost effective because it will first leverage the existing system before incurring costs to expand the land base (the last resort). B) Staff and a representative from CES will explain the optimization plan in a presentation at the workshop meeting. C) The improvements will create additional capacity for additional loading or additional reuse water. D) On December 7, 2011 staff met with the food processors who agreed to proceed with the design and improvements as proposed. 1o(b) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and Cascade Earth Sciences (CES) hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide Professional Design Services with respect to the Process Water Treatment System Phase Optimization, and Consultant has demonstrated that it is highly qualified to perform these services. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Exhibit A. 2. Ownership and use of documents. A. The parties acknowledge that this Agreement shall be governed by RCW Chapter 42.56 and any other State or Federal law relating to confidentiality, intellectual properties, and public disclosure. The parties shall make a good faith effort to comply with such laws, and to the fullest extent allowed by law, comply with the provisions of this section. B. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered shall not be considered public records, provided, however, that: (1) All final reports, presentations and testimony prepared by Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. (2) The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of Consultant, copy any work product. (3) In the event that Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost, if the Agreement is terminated through default by Consultant. If the Agreement is terminated CES Professional Services Agreement- 1 through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of work done. (4) Consultant shall maintain all documents associated with work performed under this Agreement for a minimum period of three (3) years after completion of the work. This provision shall survive termination of this Agreement. (5) Consultant shall respond to requests by the City for records within five (5) business days by either providing the records, or by identifying in writing that additional time is necessary to provide the records with a description of the reasons why additional time is needed. Records shall be provided to the City within twenty (20) days of the date of the request. Provisions of Section 5 in this Agreement shall specifically apply to any claim arising out of Consultant's failure to properly maintain or timely produce records as described herein and as otherwise required by law. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a lump sum basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of 5318,600, without approval from the City. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and before June 15, 2012. 5. Hold harmless agreement. In performing the work under this Agreement, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from: CES Professional Services Agreement-2 A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services under this Agreement, or from conditions created by the Consultant performance or non-performance of said work or service. 5. General and ;professional liability insurance, Consultant shall secure and maintain in full force and effect during the performance of all work pursuant to this Agreement a policy of comprehensive general liability insurance providing coverage of at least 51,000,000 per occurrence and $2,000,000 aggregate for personal injury; 51,000,000 per occurrence and $2,000,000 aggregate for property damage; errors and omissions insurance in the amount of $1,000,000; and automobile insurance as required by law. Each such insurance policy shall name the city as an additional insured. The Consultant agrees to provide thirty (30) days written notice to the City if the policies are cancelled for any reason. The City shall be named as a certificate holder on each insurance policy. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an inde endent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this Agreement. Consultant shall make no claims for benefits for employment against the City including, but not limited to, sick leave, medical insurance, coverage under the City's State Department of Labor and Industries policy, vacation benefits, retirement, or unemployment benefits. Consultant shall comply with all State and Federal laws including, but not limited to, the requirements of RCW 50.04.0140 and RCW 51.08.195. 9. Cill approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. CES Professional Services Agreement - 3 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and any schedules or exhibits Iisted in this agreement and attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision, 13. Non-assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. In the event a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and cost. In the event any provision of this Agreement is deemed to be unenforceable, the other provisions of the Agreement shall remain in full force and effect. 16. Notices. Notices to the City of Pasco shall be sent to the following address: City of Pasco P. O. Box 293 Pasco, WA 99301 CES Professional Services Agreement-4 Notices to the Consultant shall be sent to the following address: Cascade Earth Sciences 12720 E. Nora Ave., Ste. A Spokane, WA 99216 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF , 20 CITY OF PASCO CONSULTANT: By: By: Matt Watkins, Mayor Steven L. Venner, CPAg Managing Soil Scientist ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney CES Professional Services Agreement - 5 EXHIBIT A 'V CES Cascade Earth Sciences A vaknontW COMPANY Conserving Resources, Improving Life. 12720 E. Nora Ave., Ste. A Ph: 509,921.0290 Spokane, WA 99216 Fax: 509.921.1788 November 23, 2011 Ahmad Qayoumi Director of Public Works City of Pasco PO Box 293 525 N.Third Avenue Pasco, WA 99301 SUBJECT: Proposal/Scope of Work for the Process Water Treatment System Optimization and Improvement Plan - Phase 1 Dear Mr. Qayoumi: Cascade Earth Sciences (CES) is pleased to submit this proposal to design Phase 1 of the Process Water Treatment System Optimization and Improvement Plan. Background The City of Pasco (City) treats and reuses the process water produced by the Pasco Processing Center during vegetable processing by applying it to agricultural crops grown on the City's land treatment fields. The agronomic capacity of the land dictates the maximum process water volume that can be delivered from the Pasco Processing Center to the City for treatment and reuse. Pre-treatment of the process water can increase its loading limits within the current agronomic capacity, while the agro- nomic capacity can increase with improvements in irrigation,cropping, operational and data man- agement, and land use. The City would like to optimize the treatment capability of the existing sys- tem, via pre-treatment and increasing the agronomic capacity, to maximize additional process water loadings. CES conducted a comprehensive inspection of the system from process water source to irrigation field with a team of specialists in engineering, agronomy,irrigation design,and system configuration and operations. We gained a complete understanding of the system, current sizing, operational aspects, and weaknesses and opportunities for optimization. The key limitation is that the fields are essential- ly at their agronomic capacity under the current operations. However, we identified several strate- gies the City can employ to increase the agronomic capacity and amount of process water they can apply if they implement specific operational and capital improvements. The City can optimize the treatment potential of the existing system and maintain a passive low cost treatment philosophy to provide the Pasco Processing Center with the maximum additional process water delivery capability to the City at the lowest possible cost. Currently there is little system pre-treatment, which is affecting functionality and reducing system treatment capability. Phase 1 improvements include medium screening, grit removal, fine screening, and implementation of improved field monitoring and management. The benefits and estimated cost of Phase 1 include: City of Pasco Process Water Treatment System �ES Optimization and Improvement Man-Phase 1 November 23,2011 Page 2 • Reduced abrasion expanding system life • Expand storage volume through reduced sediment deposition • 77,000 lb of additional agronomic nitrogen capacity • 103 MG additional process water delivery capability Budgetary cost is $1,454,000 Phase 2 will include sediment removal; potentially fats, oil, and grease (FOG) removal; and expansion of the irrigated area within the existing City-owned land. The benefits and cost of Phase 2 include: Further reduction in abrasion expanding system life • Phase 3 requires sediment removal • FOG removal,if incorporated,will further reduce biochemical oxygen demand (BOD) and ni- trogen concentrations • 53,000 lb additional agronomic nitrogen capacity • 79 MG of additional process water delivery capability • Reduced hydraulic loading to the entire system in early spring and late fall • Budgetary cost is$1,654,560 An Advanced Facultative Pond is the option considered for Phase 3 during the conceptual design ef- forts because it will provide BOD reduction and additional storage passively. The benefits and cost of Phase 3 include: • Reduce biochemical oxygen demand concentration to allow longer storage time • Increase the percentage of process water in the total irrigation made possible by storage longer into the spring • Expand storage volume by at least 30 million gallons • Significantly reduce the odor potential in the spring • Reduction in aerator operation will reduce power costs • Reduced organic matter will significantly reduce the volume of biosolids produced in the storage pond • Reduced biosolids production will reduce solids loading to the fields in early spring leading to healthier soil conditions during crop emergence • 20 MG additional process water delivery capability • Budgetary cost is $1,350,000 With the improved water quality, crop production, and system management in place, further increas- es in future process water delivery above the optimized system capacity will need to come from an additional land base, which is outlined in Phase 4. It is not known if the City will purchase additional land or develop a long-term land lease agreement, or where the land is located. However, for plan- ning purposes we can use a typical field size of 133 acres to provide the following benefits and cost estimate per field: • 47,200 lb of additional agronomic nitrogen capacity City of Pasco ��� Process Water Treatment System Optimization and Improvement Plan-Phase 1 November 23,2011 Page 3 • 71 MG additional process water delivery capability • Budgetary cost is $313,500 per field Total potential increase of process water delivery capability with Phases 1, 2, and 3 is 202 MG. Actual values will vary depending on site conditions and efficacy of all upgrade-, and management activities, but we believe this estimate is balanced and achievable. Nevertheless, this large potential increase in process water delivery capability clearly indicates significant opportunity to optimize the existing sys- tem. The City would like to implement the first phase of the system optimization in time for vegetable processing in June 2012 and to begin field and cropping strategy improvements to meet the 2012 growing season. Phase 2 scheduling takes advantage of process flow and quality data collected up to and following the Phase 1 pre-treatment installation and plans to use additional acreage during the 2013 growing season. The sedimentation portion of Phase 2 must hP implemented before Phase 3. Phase 3 scheduling accounts for the 2013-2014 storage seasons. The Phase 4 schedule considers being on-line for the 2014 crop growing season. This proposal is for the engineering design services, system management improvements, and data management system for Phase 1 of the Process Water Treatment System Optimization and Improvement PIan. Other recommended steps not included in this proposal can be provided separately. Objectives This proposal has been prepared to provide a scope of work and cost estimate to design Phase 1 of the Process Water Treatment System Optimization and Improvement Plan including: 1. Pre-treatment Preliminary Engineering and Data Acquisition 2, Pre-treatment Design 3. Pre-Treatment Final Design and Bid Document Preparation 4. System Management Improvement and Data Management System Scope of Work The following scope of work has been prepared to conduct a process water treatment system evaluation. Task 1: Pre-Treatment Preliminary Engineering-and Data Acquisition CES will prepare a design basis technical memo to document the water quality, quantity, and timing of flow and project objectives for review and approval by the City prior to starting design work. CES will produce preliminary design documents with plan view drawings that show the size and location of the each facility to be fully designed for phase 1 construction activities. These facilities include the medium screen, grit chamber, and fine screen and a building to protect the screens from freezing during winter operations. The preliminary design will also show the location of the proposed Phase 2 and Phase 3 facilities. After review and concurrence with the City,CES will proceed with surveying and geotechnical engineering to gather the necessary data to proceed with full design of phase 1, City of Pasco CIRS Process Water Treatment System Optimization and Improvement Plan-Phase 1 November 23,2011 Page 4 Deliverable: Deliverables for Task 1 include design basis documentation, preliminary plan view drawings, sizing information for major components of task 1, a topographic map of the construction site, and a geotechnical report. Task 2: Pre-Treatment Design Based on the agreed upon preliminary design,CES will develop construction plans showing: foot- print and profiles of the new structures, connection details to existing facilities, grading plans, civil construction details,equipment installation locations, call-outs, and details, yard piping, mechanical details,electrical line diagrams, controls,process flow diagrams, and hydraulic grade line for the new facilities and adjacent existing facilities. Technical specifications will be provided. Plans and specifi- cations will be acceptable quality to allow construction by a qualified contractor. CES will provide the City with updates at least every two weeks on progress,choices that need to be made for continued progress, assumptions made, changes from previous updates, projected comple- tion dates, and costs to date. Deliverable: Deliverables for Task 2 will be an 85% complete design including drawings and specifications. CES will publish four copies of the plans on 11x17 inch sheets and two copies of the plans on 22x34 inch sheets, along with six sets of 8.5x11 inch text documents of the technical specifications. Within two weeks of submittal of the 85% design, a CES project team member will meet with the City to discuss the plan and identify any changes needed prior to preparation of the final plans Task 3: Pre-Treatment Final Design and Bid Document Preparation After receiving final comments on the design from the City,CES will make requested changes and prepare final bidding documents. The documents will include invitation to bidders,bid form, con- tract, general condition specifications, special condition specifications,plans, and technical specifica- tions. CES can include standard City forms for the invitation to bidders, bid for,contract, and general conditions or provide our awn at the City's discretion. Task 3 includes a pre-bid conference to be attended by a CES project team member, a meeting with the City after the bid to advise on bidder selection, and a pre construction meeting with the successful bidder. Construction management and inspection services will be discussed with the City, to be included in an additional authorization. Deliverable: Deliverable for Task 3 is the Bid Documents including final engineering plans. Tasks 1 - 3 Sub-Total Cost : $128,700.00 City of Pasco Process Water Treatment System Optimization and Improvement Plan-Phase I November 23,2011 Page 5 Task 4: System Management Improvement and Data Management System CES will review and update all soil, water,and crop monitoring protocols and methods, and consult with Valmont Northwest to inspect and recommend pivot upgrades as needed. Specifically, we will implement the following tasks: evaluate and recommend the correct soil moisture monitoring sys tern and their location in each field, work with the farmer co-operators to improve crop rotations and har- vest timing, develop and implement a Land Treatment System Operation and Management Manual, and design a data management system specific to process water reuse that will provide the system operators and fanner co-operators with near real-time field-by-field nitrogen balances, field loadings, and produce system management reports on-demand. Deliverable: Deliverables for Task 4 will include recommended moisture monitoring system and locations, crop rotation and harvest improvements,land treatment system operations manual, Water Sentinel data management system, and irrigation pivot upf,rade recommendations. This task includes CBS project team members meeting with the City operators and farmer co-operators amd communications as needed. Task 4 Sub-Total Cost: $75,000.00 Project Cost Total Estimated Project Cost: 5203,700.00 Phase I-Pretreatment Construction' Component Preliminary Cost Estimate Preliminary Engineering Construction Subtotal' $8581000 Engicuvring Design $12$,700.00 Construction Management, Adrnin(recommended) $85,800.00 Subtotal $I,0721500.00 Contingency (20% Reccrnmended) $214,500.00 Recommend Budget Prior to Design $1,287,000.0+0 Phase 1 Monitoring,Operations,and Irrigation Improvements Soil moisture monitoring existing fields $42,000 Irrigation System Improvements 550,000 System Management Improvements $25,000 Duta Management System $50,000 Subtotal $167,000 Phase I Planning Total $1,454,040.00 Cost inducted in this pro posal for authorization are shaded $203,700.90 Notes! 1)Cests are based on conceptual design and order of magnitude usut dust estimates i+f.30%j as shown in the Precess Water TreaUnunt System optimization and Capita]improvumeni Phut report Cost estimates developed from a mix- ture of vendor quotes,recestt CES projects,engineering cost estirnatc guidelines,and professtonai experience. Full design is required to develop prior to construction. City of Pasco CES Process Water Treatment System LL Optimization and Improvement Plan-Phase 1 November 23.2011 Page 6 CES will honor the quoted cost estimate for ninety(90) days from the date of this estimate and thereafter reserves the right to make any necessary modifications. Assumptions and Limitations The assumptions listed below and within the task descriptions above have been used to prepare the proposed scope of work and cost estimate. Should differences from these assumptions be required or encountered, CES will discuss the project cost implications with the City. • Additional water quality data, as previously requested by CES, will be available prior to the start of system design. • Pilot testing of the potential treatment steps may be recommended to confirm actual perfor- mance with existing water quality and site conditions. Cost to conduct the pilot testing is not included in the scope of work. • Property boundaries, location of existing buried utilities and accurate as-built drawings for the existing infrastructure will be provided to CES. If CES needs to determine or create these we will advise the City if additional cost will be incurred. • Engineering designs will be prepared in anticipation of a public bidding process for system construction. Schedule CES is scheduled to begin work immediately upon authorization and complete Tasks 1 -3 by a target date of February 1, 2012, assuming Authorization by December 5, 2011. Task 4 items will be completed by the middle of the 2012 crop growing season. Quality CES is committed to providing quality products and services that consistently meet or exceed our clients' expectations. Safety CES is committed to its safety mission: "A passion for world-class safety: excellence in execution, employee commitment, innovation, exceptional communications...globally." CES employees will apply the principles of this mission to ensure that safety is a priority for the duration of the project and for everyone involved in its completion. City of Pasco Psocess Water Treatment System CES Optimization and Improvement Plan-Phase 1 November 23.2011 Page 7 Compensation The attached cost estimate is not a lump sum. Total estimated costs are based on available information used to develop the scope of work and are a "good faith" estimate of charges that will not be exceeded without additional authorization by the City. Actual billings will be based on a time and materials basis per the Schedule of Fees attached. CES reserves the right to change our Schedule of Fees on a yearly basis to reflect inflation and any increase in the cost of conducting business. Project :related outside services and other direct expenses,as well as the markup associated with these items, are included in the overall cost of the project. if variables unknown at this time become apparent during the course of performing the services outlined and it is shown that additional staff time, materials, testing,etc.will be required,CES will suspend work until a revised Work Authorization has been signed by the City authorizing CES to proceed. The cost quotes contained in this proposal do not include sales or other applicable taxes. If it is determined that taxes are required, they will be in addition to cost quotes provided. All invoices net 30 days,18% per annum. Terms and Conditions All work under this authorization shall be in accordance with the City of Pasco Professional Service Agreement provided by the City to CES. Work will commence upon receipt of this signed document, or a City of Pasco Purchase Order listing CES proposal number P201123082 for the amount of $203,700.00 at our Spokane field office. Please retain the copy of this proposal, with attached CES Schedule of Fees,for your files. Thank you for the opportunity to propose this scope of work and cost estimate. Please contact me at (509) 921-0290 if you have any questions or cnmments. We lank forward to working with you. Sincerely, CASCADE EARTH SCIENCES V 1� Steven L. Venner,CPAg Managing Soil Scientist I1 SLV/mab Ens: Schedule of Pees PPN: P201123082 Doc: P201123082 City Pasco Phase 1.docx City of Pasco Proress Water Treatment 5Y$tern CES optimization and lmprvvcLvvnt Plan-Phase I November 23.2011 Page 8 Authnriaatian for CES to Provide Services CIAS is authorized to provide the services outlined for the estimated cost of$203,700.00. I understand this is an estimate of the project costs and that the estimate will not be exceeded without additional authorization. I also understand the scope of work, compensation, and terms and Conditioas4 provided in the proposal. Reviewed and Authorized By: Signature Date Name/Title of Signer (please print or type) Company (if other than Client) -CES Cascade Earth Sciences A va nont V COMPANY SCHEDULE of FEES Professional Services* • Administrative Support/ Field Tecimidan $56/hour • Administrative Coordinator $66/hour • Technician/Drafter/Technical Editor $75/hour • Technician II � Engineering Designer $83/hour • Environmental Scientist $88/hour • Staff $91/hour • Staff Il $97/hour • Project $102/hour • Project II $110/hour • Senior $120/hour • Senior Il $127/hour • Managing $137/hour • Managing II $148/hour • Principal $178/hour • Expert testimony @ 150% of the above rates *Professional staff including soil scientists, hydrologists, geologists, engineers, biologists, and contract administrators Reimbursables Expenses associated with the performance of services, including but not limited to, • CES-owned equipment, meals and lodging, and project materials as proposed • Mileage @$0,60/mile ($0.70 for'/rton vehicle or larger) Outside Services Subcontracted services and equipment rental as proposed. Taxes Sales and other applicable taxes will be charged when necessary to meet tax requirements. Payment Invoices are to be paid within 30 days from date of invoice. Interest on late payments @ 18% per annum. AIV PROJECT EXPERIENCE CES currently provides wastewater land application consulting and design services on most of the large land treatment systems regulated by the Washington Department of Ecology (Ecology) in Eastern and Central Washington. In addition, we serve clients with land treatment systems in Oregon., Idaho, California, Montana, Nebraska, Minnesota,New Mexico, Arizona,Texas, Tennessee,Louisiana, Georgia and abroad in China. CES provides complete process water treatment and reuse services to our clients. Services vary by project but our suite of services include: pretreatment (screening, silt and grit removal, etc.), storage and integrated lagoons,irrigation and cropping systems, soil moisture and irrigation scheduling, water reuse monitoring and reporting, permit application and negotiation, system operations and training, engineering design,construction management, groundwater hydrogeology and monitoring, and comprehensive consulting associated with process rater reuse systems. Some key local project experiences are listed below,while additional experiences are available upon request. City of Pasco - Pasco, Washington Contact: Reuel Klempel, Wastewater Plant Manager, (509) 545-3468 Since 1996, CES has assisted the City with permitting, monitoring, reporting, and technical support. Our land application services have included Permit renewals and Permit limit increases, Engineering Reports, five-year crop plans,Annual Farm Operations and Irrigation and Crop Management Plans, and technical and regulatory support. In 2010, CES conducted a comprehensive Land Treatment Site Capacity Assessment to define and compare the hydraulic and nutrient Ioadings and agronomic capacity;and compare the agronomic capacity to the Permit limits. In 2011, CES prepared a Process Water Treatment System Optimization and Capital Improvement Plan. The Plan sets forth the strategies and recommendations to optimize the treatment capability of the existing system, via pre-treatment and increasing the agronomic capacity,to maximize additional process water loadings from the processors. Pasco Processing Center, Port of Pasco, Washington CES has served three of the four processors in the Pasco Processing Center with permitting and regulatory support. Reser's Fine Foods Inc. - Rob Wiskerchen,Manager, (509) 543-4939. Pasco Processing, LLC- Robert Duenas, Environmental & Regulatory, (509) 544.6730. Twin City Foods,Inc.- Tom Foster, Pasco Division Manager, (509) 546-0850. ConAgra Foods (9 facilities) Process Water Re-use Management and System Design Paul Halberstadt,Sr. Director Environment (509) 736-2573 CES provides environmental consulting and engineering services for potato process water management including design,permitting,and management of land treatment systems for Lamb-Weston facilities in five states: Pasco,Connell, Richland,and Paterson Washington;Hermiston,Oregon; American Falls and Twin Falls Idaho;Delhi, Louisiana;and Park Rapids,Minnesota. Process water treatment ranges from constructed wetlands to direct land application to secondary treatment followed by Iand application. Engineering design and construction management support has included surge ponds,large storage ponds, irrigation systems. pipelines, pump stations, and associated infrastructure. CES has prepared irrigation A Valk'1*M If COMPANY Cascade Earth Sciences—Project Experience G. ConserYirg Resmmm hnprwrC Life Page 1 AOF PROJECT EXPERIENCE and crop management plans; solids residual management plans;hydrogeologic evaluations and facility engineering reports for this client. CES hydrogeologists have planned and supervised installation of groundwater monitoring networks. CES has developed plans for monitoring groundwater,surface water, residuals,soil properties,and crop harvest. CES also provides data management systems,and compliance leak testing. Current CES activities at Lamb-Weston facilities include preparing annual reports and management plans, providing consultations for permit negotiations, facilitating long-range process water facilities planning and expansion,and substantial technical and engineering consulting. CES is proud to have provided service to Lamb Weston since 1989. Smith Frozen FoodE - Weston, Oregon Process Water Treatment,Management, and Reuse Contract: Morris Hansen,Operations Manager, (541) 566-3810 CES has assisted Smith Frozen since 1987 with their process water treatment, management, and reuse. Services vary by year and have included design and construction management of their storage pond, transmission pipeline and surge pond; training of environmental personnel; groundwater well installation,monitoring, analysis, and compliance negotiation; soil,crop monitoring and annual report preparation; pretreatment of brine water separate from the main process water stream; pond leak testing and certification; Phase I and II ESA; permit negotiations; and consulting in support of the process water reuse system. Hermiston Foods -- Hermiston, OR Site Evaluation and Permitting; Operations Planning and Consulting, Hydrogeology, and Reporting Contact:Mr. Mark Steele - (503)769-2101 Hermiston Foods has operated a land treatment system for its vegetable processing water for more than 20 years. CES prepared the original Site Characterization,Hydrogeoiogic Study and Operations Management and Monitoring Plan in 1990 to support the permitting process. From mid-2009 to present, CES has provided technical expertise and services for permitting a new land application site. The services have included site soils evaluation, revisions to the Operations, Management and Monitoring Plan(OM&M Plan), Hydrogeologic Study, Site Characterization Report, technical support for irrigation design and operations,and testimony and support for public hearings and regulatory negotiations_ Oregon Department of Environmental Quality permit limits proved unworkable early in the startup phase of the land treatment operations. CES has contributed directly to the development of practical irrigation management and soil monitoring alternatives and moisture targets to create a workable solution. CES has also provided consultations for reducing irrigation spray drift from pivot irrigation in addition to groundwater data evaluation and reporting. REC Silicon - Moses Lake, WA Feasibility, Design, Construction Management, Hydrogeology, and Reporting Contact: Mr. Greg Fillipi- (509) 766-9687 CES developed a feasibility study, cost estimate,and design for a land treatment system, and guided REC Silicon through the permitting process. CES prepared the plans and specifications for construction of a 60 MG storage pond for non-contact cooling water along with a pump station, pipeline, and connection to an existing land application system. The pond is a two-cell storage facility that has a 100- mil HDPE liner. The size of the pond necessitated Ecology Dam Safety approval, which CES obtained. The design includes safety and maintenance features to facilitate cleaning. The pump station includes CESA VabTWM V COMPANY Cascade Earth Sciences—Project Experience eonsemng Resources Impraviq Life Page 2 40 PROJECT EXPERIENCE two sumps, a dry well, and a control building. Controls and valves,including backflow prevention, allow use of either well water or process water on the irrigated property. CES prepared the hydrogeologic study for this project and recently prepared both, an updated hydrogeological study and the annual irrigation and crop management plan in support of the permit requirements. OB-3 Resource Management- Warden, WA Feasibility, Design, Construction Management, Permitting, .Hydrogeology, Monitoring, and Reporting Contact: Mr. Jack Calder - (509) 349-2547 CES was retained by OB-3 Resource Management to investigate, design, permit, and construct an 8.5 mile long forced main pipeline, pump stations, and a 160 MG storage pond. CES provided support during construction, and the storage pond leak detection plan. CES provided federal, state, and local permitting support, which included two counties, Ecology Darn Safety, and the United States Bureau of Reclamation. The pipeline delivers 2.9 million gallons per day of wastewater from the City of Warden industrial facility to a 4,000-acre land application treatment system. Pipeline construction required a jack and bore crossing of the East Low Canal, Additionally, the pipeline required design and construction of two lift stations. CES prepared the Operations and Maintenance Manual, and currently provides regulatory support including preparation of the annual irrigation and crop management plan, and assistance with data management for the monthly discharge monitoring reports required by the permit. Pori of Moses Lake- Moses Lake, WA Feasibility, Design, Construction Management, Permitting, Hydrogeology, Monitoring, and Reporting Contact: Mr. David Bailey-(509) 762-5363 CES was hired to create a feasibility study, cost estimate, and design for a non-contact wastewater land treatment system,and to guide the Port of Moses Lake through the permitting process. The project has provided the Port of Moses Lake with decade's worth of expansion. The collection pipeline,pump station,and covered storage pond were designed by Montgomery-Watson as CES' subcontractor. CES designed the irrigation pump station, delivery piping and irrigation system,and provided full-time construction engineering review and oversight. CES prepared the engineering report, permit application,hydrogeological assessment, and conducted the site soil and groundwater monitoring and reporting for the first year of operations. Subsequently, CES provided technical support to add another user, the United States Forest Service Tanker Base, and in discussions with another potential user,Takata,who was not added. The existing system consists of a mile long gravity sewer to collect process water, which is then pumped 5 miles to a 29 million gallon (MG)lagoon. A four-acre, floating polypropylene lagoon cover minimizes bird attraction to the runways of the Grant County International Airport. The irrigation pump station supplies the process water to two computer-controlled center pivots for irrigation of alfalfa and grain crops. The project currently accommodates 250,000 gallons per minute and cost$3.8 million. CF!SA vakTwo 1t V coMPAw Cascade Earth Sciences—Project Experience Cw%erA%Mswnm knproml Lea Page 3 PROJECT EXPERIENCE J. R. Simplot - Othello, WA Reporting acrd T'echnicaI Support Contact; Ms. Andrea Bongen - (509) 831-3983 CES has served J.R. Simplot in Othello since about 1997 and i)as prepared all of their annual regulatory reports since that time. CES also prepared their leak detection plan and provides crop and soil management support on an as needed basis. National Frozen Foods - Quincy, WA Reporting and Technical Support Contact: Mr. Bill Wagoner- (509) 787-1585 CES has served National Frozen Foods since about 1996 and has prepared all of their annual regulatory reports since that tin-.e. CES has also prepared their Engineering Deports for land expansion, conducted hydrogeological assessments, assisted with permit renewals, and regulatory and technical support. CES also designed and prepared plans and specifications for an upgrade of water delivery pumping and piping for the land expansion. J. R. Simplot - Mases Lake, WA Design, Permitting, Monitoring and Reporting Contact: Mr. Andy Erickson - (509) 793-1187 CES has served J.R. Simplot in Moses Lake since about 1997 and has prepared all of their annual regulatory reports since that time. CES has also prepared three Engineering Reports for process water treatment upgrades or adding new land, conducted hydrogeological assessments and annual statistical analysis, assisted with permit renewals, and provided substantial technical assistance. CES developed the Operations and Maintenance Manual for the entire system including the anaerobic digester and storage pond as well as preparing the anaerobic digester Leak Detection flan. Basic American Foods- Moses Lake, WA Design, Permitting, Monitoring, and Reporting Contact: Mr. Mike Dodds - (549) 766-7876 CES has provided Basic American Foods with technical and regulatory support for many years including Engineering Report work, groundwater modeling, vadose zone monitoring design, data analysis, and regulatory intervention. Norco Inc, Moses Lake -WA Permitting and Technicat Support Contact: Mr. Ned Ponti��us- (208)336-1643 Norco Inc retained CES to assist them with wastewater duality and quantity evaluation in support of preparation their Engineering Report. Norco Inc supplies non-contact cooling water discharge to the City of Moses Lake. CESA Vak1t "If COMPANY Cascade Earth Sciences—Project Experience C.cffnem rg Rrso rcei 1mpru%rM L& Page 4 PROJECT EXPERIENCE AOF Western Polymer . Moses Lake, WA Retention Pond Design, Permittin& Technical Support, and Reporting Contact: Ms. bonnie White- (509) 765-1803 CES has provided Western Polymer with engineering and environmental services for many years including: storage and settling pond designs, Engineering Reports in 1997 and 2003,regulatory annual reporting since 2007, and permit and regulatory support on an as needed basis. Boise Building Solutions - Kettle Falls, WA Retention Fond Design and Ecology Dam Safety ApprovaI Contact: Ryan Lawrence - (509) 738-3249 CES provided plans and specifications for a two-cell HDPE lined pond with a capacity of 11 MG, and two unlined stormwater ponds with capacities cif 1.3 MG and 2.7 MG and a pump sump to be used in emptying the lined pond. The lined pond is an off stream facility for containment and recycling of process water. The unlined ponds are off-stream facilities with 13,000 cubic yards (cy) balanced excavation and embankment fill. CES prepared documentation to obtain Ecology Dam Safety Office approval in order to permit the lined pond. The storage pond eras constructed in an existing depression with a balanced cut and fill of approximately 7,000 cy of sludge excavated and hauled away, and an earth excavation of 19,000 cy, which was used as fill in the earthen dike. The storage pond design included a 60-roil HDPE liner, liner bailast, ladders, and concrete inlet, outlet and overflow structures. A pump station was constructed and enclosed in a building for potential winter operations. A chain link fence was included it the design to prevent wildlife access to the pond. CES A Vak"D t'f COWANY Cascade Earth Sciences-Project Experience %Resmwce&krgrev:t L& Page 5 KEY PERSONNEL CFS is composed of highly qualified technical staff with specialized education and experience in the earth sciences and engineering focused on practical cost effective process water treatment and reuse. Traditional environmental consulting is dominated by engineers with construction or manufacturing experience. Engineering practices alone are not always suitable for evaluating natural reuse and treatment systems and identifying the most practical, sustainable and cost effective solution. Following are biographical summaries of key personnel at CES who would manage,implement, and present your project. Steven Venner, CPAg Managing II Scientist Steven Venner Has served the City of Pasco since 1996 with permitting, monitoring, reporting, and technical support. He has provided technical assistance on the Engineering Report and Irrigation and Crop Management Plans to support permit renewals and permit Iimit increase and gain regulatory approvals on the existing system. Mr. Venner fully understands the City's land treatment system and regulatory needs. He conducted the Land Treatment Site Capacity Assessment in 2010 and was the project manager for the Process Water Treatment System Optimization and Capital Improvement Plan. He will continue to fill the role of project manager on this project and be the primary contact to the City. Mr. Venner has 15 years experience as a Soil Scientist / Agronomist and 3 years experience as a Crop Production Specialist. He has experience managing wastewater land application systems and meeting regulatory requirements including permit development and renewals,NPDES permitting,and development of Engineering Reports for industrial wastewater land application systems. Mr.Venner has experience with wastewater farm management plans, irrigation and crop management plans for food processors and municipalities, and soil investigations to assess site capacity for wastewater land treatment. He has experience with land application of biosolids and by-products including field trial design, agriculture registration, and evaluating beneficial re-use alternatives. His background includes farming, field research, zero tillage farming systems, soil fertility monitoring, interpretation, and recommendations. Greg Thurman, PE Managing II Engineer Greg Thurman participated in the Pasco Processing Center Process Water System Optimization and Improvement Plan including pretreatment system sizing and configuration. He will continue to participate on the engineering team during all phases of the system design providing process water treatment direction. Greg will lead the Advanced Facultative Pond sizing and design as our expert in this area and will provide technical review on other treatment components. Greg's deep experience with primary and secondary treatment of food process water is an asset to the design,balancing effectiveness, cost,and dependability. Mr.Thurman is a registered Washington professional chemical engineer with over twenty years of consulting and project management experience. Mr, Thurman has managed and consulted on engineering and environmental projects,both nationally and internationally,from conception to completion, including: primary and secondary wastewater treatment; land application of industrial and agricultural wastewater; irrigation design;hazardous waste investigations and remediations;lagoon design and management; landfill design, operations and closures;hydrogeologic studies;and environmental CESA vakmmt V comPANY Cascade Earth Sciences—Key Personnel Camcf v Resot"e:lmwv** L6_- Page I KEY PERSONNEL assessments/mitigation projects. Mr. Thurman also has extensive experience in various pollution control evaluations, feasibility studies, cost analysis,risk assessment,permitting,and project management. Mr. Thurman's strong project management background,familiarity with government regulations, and expertise in both traditional and non-traditional engineering techniques are an asset for completing a wide range of projects. Jay Williams, PE Managing Il Engineer Jay Williams provided the conceptual civil engineering components and sizing for the City of Pasco Process Water Treatment System Optimization and Capital Improvement Plan. Jay will continue to serve as the senior civil engineer on this project. Jay Williams is a civil engineer with 30 years experience in engineering and construction. 'Mr. Williams' experience includes designing piping systems,water control structures, open channel water systems, and retaining structures and irrigation systems. He has also managed projects in construction of pipelines,canals, concrete and steel structures, and earthwork. This experience includes new construction, rehabilitation, and retrofit projects. He has managed operations and directed operations and maintenance plans. Mr. Williams has experience in working with regulatory agencies to obtain the necessary permits to complete projects. He has reviewed numerous development plans for compliance with local regulations, Steel Maloney Principal Hydrologist Steel Maloney participated in the Pasco Processing Center system inspection and expansion options assessment and will continue to participate in the design and construction phases. His experience with many other industrial land based water reuse projects will be an asset to the project team. He will assist with system configuration, treatment approach/options,project contract and budgeting,technical review and public or user participation processes. Mr. Maloney has over 25 years of experience as a hydrologist consulting on environmental and water quality,reuse, supply and efficiency. He has worked on a variety of projects domestically and internationally which have included numerous land applications of industrial residuals and process water,municipal wastewater management, surface water hydrology, permit negotiation, and management of public participation Mr. Maloney is President of CES and oversees our key clients, design-build projects, international business, as well as serving as a technical expert on water quality management water reuse, permit negotiations and public participation management. Daniel Burgard, CPSS Principal Soil Scientist Dan Burgard has served the City of Pasco since 1996 with permitting, monitoring,reporting, technical support, and principal oversight, Mr. Burgard fully understands the City's land treatment system and regulatory needs. Mr. Burgard has 23 years of experience as a soil scientist and 4 years of experience in manufacturing. His background is wide ranging with experience focusing on beneficial uses of wastes and wastewater, and soil chemistry. Mr. Burgard currently holds the position of Principal 'Soil Scientist with responsibilities as, Technical Lead for Food Processing Business and corporate Soils Disciplines Lead. A vakrwmt;V CowANY Cascade Earth Sciences—Key Personnel CES C.a m L& Page 2 AIV KEY PERSONNEL job responsibilities include project management, scientific staff supervision and mentoring, coordinating the internal company continuing education training program, leading CES-sponsored land application reuse workshops, developing business with food processors, and technical supervision/review of waste/wastewater reuse projects and reports. Project areas have focused on land application reuse and use of industrial and municipal wastes and wastewaters as resources for crop production. Projects have included permitting, design, reporting, and consulting services for treatment and land treatment of wastewaters from potato, fruit, vegetable, and meat processing, municipal wastewater treatment plants, paper mills, power plants, and coal-bed methane producers. Expertise includes sludge management and biosolids management. Key technical areas of expertise are treatment processes, soils, soil-plant-water interactions, crop production, and irrigation. Kristofor Snider Staff 11 Engineer Kristofor Snider has over five years of experience as an engineer. He has engineering experience in the design of wastewater, drinking water,and stormwater projects. Mr.Snider has worked on all aspects of the engineering process from project planning to project completion, He has designed pump stations, wastewater pretreatment equipment, solids dewatering systems,mechanical aeration systems, disinfection systems, and liquid storage tanks. Mr, Snider has conducted reviews of construction submittals,requests for information, pay applications, and change order during the construction phase of projects. In addition, he has also served as the onsite engineering representative during the construction phase; where he was responsible for keeping daily logs of the contractors work and verifying that the work was completed according to the contract documents. Richard (Kyle) Billings Engineering Technician/Drafter Mr. Billings has 11 years of experience in providing engineering technician / drafting services. He has extensive use of AutoCAD Civil 3D 2008- 2010, AutoTurn 2006-2010, and AutoCAD R14-LDD 2008. As CES' engineering technician/drafter, Mr. Billings is responsible for the drafting and engineering support needs of the engineers and scientists at CES. It is his responsibility to ensure that the drafting is produced in a timely manner that meets the requirements set forth in CES' Quality Assurance, Quality Control standards. Mr. Billings is accountable for all drafting duties from design of general site maps to volume calculations. He is also responsible for construction documents and specifications,and assembly and layout of large wastewater Iand application irrigation systems. As a Designer/Drafter,Mr. Billings has been responsible for the design and drafting of diverse civil engineering projects including roadways;site development;land development (subdivision layout, platting, roads, utilities,record drawings, etc.);sewer collection; sewer treatment;storm water collection, storm water treatment, water distribution;water storage and booster pump stations. Mr. Billings has provided Designer/Drafting support for the following Key projects with key elements that will support the City of Pasco: • Construction of anew 5,500 gallon per minute booster station and two 550,000 gallon water storage reservoirs- City of College Place,Washington. • Replacement of Pumps and Well House's No. 1 and No. 3-City of Walla Walla, Washington, CESA VakTVW'rt'V COMPANY Cascade Earth Sciences—Key Personnel C«ue yM Re mrom knpc+ovmg Lie Page 3 KEY PERSONNEL 40 + Replacement of Rest Area Water System-WSDOT Indian John Dili Rest Area. • Construct-ion of a wastewater treatment facility -City of Plummer, Idaho. • Design and relocation of process water lines, mine access road,,, and main haul read- Fort Knox Gold Mine, r'airbanks, Alaska. CESA Vs'M>71neM V co "Y Cascade Earth Sciences—Key Personnel ComsvYrrq Fmo=ea ir�rj Lfe. Page 4 40 QUALITY AND SAFETY Quality Assurance Statement CES' quality assurance policy is simple --do the right thing the right way the first time and do it with no surprises. CES' quality assurance methods reduce the risk to our customers by providing a high quality product that is managed,produced and reviewed by the most appropriate personnel. CES' senior project managers start each project by assigning the appropriate technical staff from our team of resource scientists and engineers. We believe that most client needs are best achieved by an interdisciplinary team of soil scientists, geologists,hydrologists,engineers, etc. Each technical area in CES is Ied by a discipline manager who has extensive training and experience in their area. The discipline managers are a resource to our clients and junior staff for technical leadership. Technical and management skills are maintained at a high level through internal transfer meetings and project management training classes. CES' scientists and engineers also teach,attend and provide presentations at various industrial conferences and , workshops which allow us to stay current with new environmental solutions and issues. CES projects undergo a review and checklist procedure to ensure a quality product is produced and delivered. However, only you the client can be the final judge of quality. Any product that you are not satisfied with will be completed to your satisfaction. Ninety eight percent of our clients in 2009, 2020, and 2011 indicate that they will recommend CES and use CES is committed to its safety mission."A passion for worid- us again (documented by post-project client class safety:excellence in execution,employee commitment, questionnaires). We cannot think of a better way to innovation exceptional communications...globally." demonstrate our commitment to customer satisfaction. Commitment to Safety The CES Team is committed to its safety mission:"A passion for world-class safety:excellence in execution, employee commitment,innovation,and exceptional communications:globally." CES Team employees will apply the principles of this mission to ensure that safety is a priority for the duration of the project and for everyone involved in its completion. CES has not had a recordable safety incident in 2010 and 2011. Additional we are registered with ISNetworld and Browz global procurement companies that screen and evaluate safety, insurance,and compliance records. CES maintains a high rating with both. CES has a strong commitment to safety during all aspects of a project and has developed and implemented safety policies relating to our different work environments and situations. The policies are available upon request. The CES field staff members are audited while on projects to ensure that safety policies are practiced. Health and Safety Plans are developed and implemented for projects with potential chemical exposures,or as appropriate. CESA vsaknontV coMPANY Cascade Earth Sciences—Quality and Safety corneryng Resowxv&imprvewC L& page 1 �) ICES Cascade Earth Sciences t� A vatmont V COMP y Conserving Resources. Improving Life. 12720 E. Nora Ave., Ste. A Ph: 509.921.0290 Spokane, WA 99216 Fax: 509.921.1788 November 23, 2011 Ahmad Qayousmi Director of Public Works City of Paso PO Box 293 525 N. Third Avenue Pasco,WA 99301 SUBJECT: Proposal/Scope of Work for the Process Water Treatment System Optimization and Improvement Plan-Phase 2 Dear Mr. Qayoumi: Cascade Earth Sciences (CES) is pleased to submit this proposal to design Phase 2 of the Process Water Treatment System Optimization and Improvement Plan. Background The City of Pasco (City) treats and reuses the process water produced by the Pasco Processing Cen- ter during vegetable processing by applying it to agricultural crops grown on the City's land treatment fields. The agronomic capacity of the land dictates the maximum process water volume that can be delivered from the Pasco Processing Center to the City for treatment and reuse. Pre- treatment of the process water can increase its loading limits within the current agronomic capaci- ty, while the agronomic capacity can increase with improvements in irrigation, cropping, opera- tional and data management, and land use. The City would like to optimize the treatment capabil- ity of the existing system,via pre-treatment and increasing the agronomic capacity, to maximize additional process water loadings. CES conducted a comprehensive inspection of the system from process water source to irrigation field with a team of specialists in engineering, agronomy, irrigation design,and system configura- tion and operations. We gained a complete understanding of the system, current sizing, opera- tional aspects, and weaknesses and opportunities for optimization. The key limitation is that the fields are essentially at their agronomic capacity under the current operations. However, we iden- tified several strategies the City can employ to increase the agronomic capacity and amount of pro- cess water they can apply if they implement specific operational and capital improvements. The City can optimize the treatment potential of the existing system and maintain a passive low cost treatment philosophy to provide the Pasco Processing Center with the maximum additional pro- cess water delivery capability to the City at the lowest possible cost. City of Pasco r`�� Process Water Treatment System 11�L�� Optimization and Improvement Plan -Phase 2 November 23,20]1 Page 2 Currently there is little system pre-treatment,which is affecting functionality and reducing system treatment capability. Phase 1 improvements include medium screening, grit removal, fine screen- ing, and implementation of improved field monitoring and management. The benefits and esti- mated cost of Phase 1 include: • Reduced abrasion expanding system life • Expand storage volume through reduced sediment deposition • 77,000 lb of additional agronomic nitrogen capacity • 103 MG additional process water delivery capability • Budgetary cost is$1,454,000 Phase 2 will include sediment removal; potentially fats, oil, and grease (FOG) removal; and expan- sion of the irrigated area within the existing City-owned land. The benefits and estimated cost of Phase 2 include: • Further reduction in abrasion expanding system life • Phase 3 requires sediment removal • FOG removal, if incorporated, will further reduce biochemical oxygen demand (BOD) and nitrogen concentrations • 53,000 lb additional agronomic nitrogen capacity • 79 MG of additional process water delivery capability • Reduced hydraulic loading to the entire system in early spring and late fall Budgetary cost is$1,654,560 An Advanced Facultative Pond is the option considered for Phase 3 during the conceptual design efforts because it will provide BOD reduction and additional storage passively. The benefits and estimated cost of Phase 3 include: • Reduce biochemical oxygen demand concentration to allow longer storage time • Increase the percentage of process water in the total irrigation made possible by storage longer into the spring • Expand storage volume by at least 30 million gallons • Significantly reduce the odor potential in the spring • Reduction in aerator operation will reduce power costs • Reduced organic matter will significantly reduce the volume of biosolids produced in the storage pond • Reduced biosolids production will reduce solids loading to the fields in early spring lead- ing to healthier soil conditions during crop emergence • 20 MG additional process water delivery capability • Budgetary cost is$1,350,000 City of Pasco CES Process Water Treatment System Optimization and Improvement Plan-Phase 2 November 23,2011 Page 3 With the improved water quality,crop production,and system management in place, further in- creases in future process water delivery above the optimized system capacity will need to come from an additional land base, which is outlined in Phase 4. It is not known if the City will pur- chase additional land or develop a long-term land lease agreement,or where the land is located. However,for planning purposes we can use a typical field size of 133 acres to provide the follow- ing benefits and cost estimate per field: 47,200 lb of additional agronomic nitrogen capacity • 71 MG additional process water delivery capability Budgetary cost is$313,500 per field Total potential increase of process water delivery capability with Phases 1, 2, and 3 is 202 MG. Ac- tual values will vary depending on site conditions and efficacy of all upgrades and management activities,but we believe this estimate is balanced and achievable. Nevertheless, this large poten- tial increase in process water delivery capability clearly indicates significant opportu dty to opti- mize the existing system. The City would like to implement the first phase of the system optimization in time for vegetable processing in June 2012 and to begin field and cropping strategy improvements to meet the 2012 growing season. Phase 2 scheduling takes advantage of process flow and quality data collected up to and following the Phase 1 pre-treatment installation and plans to use additional acreage during the 2013 growing season. The sedimentation portion of Phase 2 must be implemented before Phase 3. Phase 3 scheduling accounts for the 2013-2014 storage seasons. The Phase 4 schedule considers being on-line for the 2014 crop growing season. This proposal is only for the engineering design services for Phase 2 of the Process Water Treatment System Optimization and Improvement Plan. Other recommended steps not included in this proposal can be provided separately. Objectives This proposal has been prepared to provide a scope of work and cost estimate to design Phase 2 of the Process Water Treatment System Optimization and Improvement Plan including: 1. Pre-treatment Preliminary Engineering and Data Acquisition 2. Pre-treatment Design 3. Pre-Treatment Final Design and Bid Document Preparation Scope of Work The following scope of work has been prepared to conduct a process water treatment system evaluation. Task 1: Pj,-1 XeatmfLlt Prelimin=Engineering and Data Acquis� CES will prepare a design basis technical memo to document the water quality, quantity,and timing of flow, reflecting information determined in Phase 1,and project objectives for review and City of Pasco Process Water Treatment System CES Optimization and Improvement Plan--Phase 2 November 23,2011 Page 4 approval by the City prior to starting design work. CES will produce preliminary design documents with plan view drawings that show the size and location of the facility to be fully designed for Phase 2 construction activities. This includes a sedimentation basin to remove sediment and silt size particles. We will utilize the survey and geotechnical information produced during Phase 1 for Phase 2 design. Deliverable: Deliverables for Task 1 include design basis documentation, preliminary plan view drawings, sizing information for the sedimentation basin,and a topographic map of the construction site showing the facility location. Task 2: Pre-Treatment Design Based on the agreed upon preliminary design, CES will develop construction plans showing; foot- print and profiles of the new structure, connection details to existing facilities, grading plans, civil construction details, equipment installation locations,call-outs, and details,yard piping, mechani- cal details, electrical line diagrams,controls, process flow diagrams, and hydraulic grade line for the new facility and adjacent existing facilities. Plans and technical specifications will be accepta- ble quality to allow construction by a qualified contractor. CES will provide the City with updates at least every two weeks on progress, choices that need to be made for continued progress, assumptions made, changes from previous updates, projected completion dates, and costs to date. Deliverable: Deliverable for Task 2 will be an 85% complete design including drawings and specifications. CES will publish four copies of the plans on 11x17 inch sheets and two copies of the plans on 22x34 inch sheets, along with six sets of 85x11 inch text documents of the technical specifications. Within two weeks of submittal of the 85% design, a CES project team member will meet with the City to dis- cuss the plans and identify any changes needed prior to preparation of the final plans Task 3: Pre-Treatment Final Design and Bid Document Preparation After receiving final comments on the design from the City,CES will make requested changes and prepare final bidding documents. The documents will include invitation to bidders, bid form, con- tract, general condition specifications,special condition specifications, plans,and technical specifi- cations. CES can include standard City forms for the invitation to bidders, bid for, contract, and general conditions or provide our own at the City's discretion. Task 3 includes a pre-bid conference to be attended by a CES project team member, a meeting with the City after the bid to provide advice on bidder selection,and a pre-construction meeting with the successful bidder. Construction management and inspection services will be discussed with the City, to be included in an additional authorization. Deliverable: Deliverable for Task 3 is the Bid Documents with final plans. City of Pasco GES Pruce:,s 141a ter Treatme:nt System OptinlT*ation and Improvement Plun-Phase 2 November 23,2011 Page 5 Task 4, City-owned Small Field EVansion Deli CES will design the necessary components to implement the conversion of City-awned small fields from non-irrigated to irrigated fields to increase the acreage available for process water. We will design the transmission and connection pipelines, any necessary pLunping considerations, and ir- rigation system corttrol,;. We will coordinate with Valmont Northwest who will provide the above ground center pivot design details. CES will produce plan vieiv drawings that show the size, location, and installation details of the piping. We will develop construction plans showing: plan and profiles of the piping,connection details to existing facilities and new pivots, and necessary details. Plans and technical specifica- tions will be acceptable quality for regulatory submittal and to allow construction by a qualified contractor. Deliverable Deliverable for 'Task 4 is complete design including drawings, spec'ifitatiorls, and unit quantities suitable for procurcment contracting. Project Cost Total Estimated Protect Cost., $114,900.00 Phasu 2-Sediment Chams er and irrigation Ex ansion, Component Preliminary Cost Estimate Sediment Chambers(2y $ 404,{}l1U Detad Allowance $ 40,000 Expansion of small field irrigation(350 ac total) $ 705,000 Preliminary Construction Subtotal' $ 1,149,000 Engineering Design $ 7 74,900 Construction Nianagernent(recommended) $ 114,904 Contingency (rerommended) $ 275,760 Phase 2 PlanninS'fatal $ 1,654,560 Nvt«: t)Cots are based nn c anceftual design and order of n1.16A!uAr uliit ccr t Estimates aw shown in the Press Water Treat- ment System OpdnUmtion and Capital Improvement Plan repnrt. Cost estimates developed(rout a utixhuc of vendor quotes,recent CES p7o}ects,engvteering cost estimate guidelines,and profeasinnal experience, FWI design is required to develop prior to construe- tion. CES will honor the quoted cost estimate for ninety (90) days from the date of this estimate and thereafter reserves the right to make any necessary Modifications. City of Pasco �� Process Water Treatmen t System Optimization and Improvement Plan-Phase 2 November 23.2011 Page 6 Assumptions and Limitations The assumptions listed below and within the task descriptions above have been used to prepare the proposed scope of work and cost estimate. Should differences from these assumptions be required or encountered,CES will discuss the project cost implications with the City. • Additional water quality data gathered in Phase 1,will be available prior to the start of system design. • Pilot testing of the potential treatment steps may be recommended to confirm actual per- formance with existing water quality and site conditions. Cost to conduct the pilot testing is not included in the scope of work. • Engineering designs will be prepared in anticipation of a public bidding process for system construction. Schedule CES is prepared to begin work following completion of Phase 1 upon.authorization. Assuming authorization by July 1, 2012, we will complete Tasks 1 - 3 by a target date of August 15, 2012. Task 4 item will be completed by a target date of January 1, 2013. Another schedule will be developed, if requested by the City. Quality CES is committed to providing quality products and services that consistently meet or exceed our clients' expectations. Safety CES is committed to its safety mission: "A passion for world-class safety: excellence in execution, employee commitment, innovation,exceptional communications...globally." CES employees will apply the principles of this mission to ensure that safety is a priority for the duration of the project and for everyone involved in its completion. Compensation The attached cost estimate is not a lump sum. Total estimated costs are based on available information used to develop the scope of work and are a"good faith" estimate of charges that will not be exceeded without additional authorization by the City. Actual billings will be based on a time and materials basis per the Schedule of Fees attached. CES reserves the right to change our Schedule of Fees on a yearly basis to reflect inflation and any increase in the cost of conducting business. Project related outside services and other direct expenses, as well as the markup associated with these items, are included in the overall cost of the project. If variables unknown at this time become apparent during the course of performing the services outlined and it is shown that additional staff time,materials, testing, etc. will be required;CES will suspend work until a revised Work Authorization has been signed by the City authorizing CES to proceed. The cost quotes contained in this proposal do not include sales or other applicable taxes. If it is determined that taxes are required, they will be in addition to cost quotes provided. All invoices net 30 days, 18% per annum. Gty of Pa"o Process Watu Treatment System CES Opdrnization and Improvement Plan-Phase 2 November 23,2D11 Page 7 Terms and Conditions All work under this authorization shall be in accordance with the City of Pasco Professional Service Agreement provided by the City to CES. Work will commence upon receipt of this signed document, or a City of Pasco Purchase Q;rder listing CES proposal number P201123083 for the amount of$114,900.00 at our Spokane field office. Please retain the copy of this proposal,with attached CFS Schedule of Fees, for your files, Thank you for the opportunity to propose this scope of work and cost estimate. Please contactme at(509) 921-0290 if you have any questions or comments. We look forward to working with you, Sincerely, CASCADE EARTH SCIENCYS Steven L, Verner,CPAg Managing Soil Scientist II S1.V/mab Ent; Schedule of Fees/ PPN:P201123083 Doc; P201123083 City Pasco Phase 2.do+:x Authorization for CES to Provide Services CES is authorized to provide the services outlined for the estimated cost of$114,900.00. 1 understand this is an estimate of the project costs and that the estimate will not be exceeded without additional authorization. I also understand the scope of work,compensation,and terns and conditions provided in the proposal. Reviewed and Authorized By: Signature Date Name/]"itIe of Signer (please print or type) Company(f other than Client) CES A r*nont W comer& r SCHEDULE OF FEES Professional Services* • Administrative Support/ Field Technician $56/hour • Administrative Coordinator $66/hour • Technician / Drafter/Technical Hitor $75/hour • Technician II 1 Engineering Designer $83/hour • Environmental Scientist $88/hour • Staff $91/hour • Staff 11 $97/hour • Project $102/hour • Project 11 $110/hour • Senior $120/hour • Senior Il $127/hour • Managing $137/hour • Managing 11 $148/hour • Principal $178/hour • Expert testimony @ 150% of the above rates *Professional staff including soil scientists, hydrologists, geologists, engineers, biologists, and contract administrators Reimbursabies Expenses associated with the performance of services, including but not liunited to: • CES-owned equipment,meals and lodging, and Project materials as proposed • Mileage @$0.60/mile ($0.70 for 14-ton vehicle or larger) Outside Services Subcontracted services and equipment rental as proposed. Taxes Sales and other applicable taxes will be charged when necessary to meet tax requirements. Payment Invoices are to be paid within 30 days from date of invoice. Interest on late payments @ 18% per annum. PROJECT EXPERIENCE CES currently provides wastewater land application consulting and design services on most of the large land treatment systems regulated by the Washington Department of Ecology (Ecology) in Eastern and Central Washington. In addition,we serve clients with land treatment systems in Oregon, Idaho, California, Montana,Nebraska,Minnesota, New Mexico, Arizona, Texas, Tennessee, Louisiana, Georgia and abroad in China. CES provides complete process water treatment and reuse services to our clients. Services vary by project but our suite of services include: pretreatment (screening, silt and grit removal, etc.), storage and integrated lagoons, irrigation and cropping systems,soil moisture and irrigation scheduling, water reuse monitoring and reporting, permit application and negotiation,system operations and training, engineering design,construction management, groundwater hydrogeology and monitoring, and comprehensive consulting associated with process water reuse systems. Some key local project experiences are listed below,while additional experiences are available upon request. City of Pasco - Pasco, Washington Contact. Reuel Klempel, Wastewater Plant Manager, (509) 545-3468 Since 1996, CES has assisted the City with permitting, monitoring,reporting, and technical support. Our land application services have included Permit renewals and Permit limit increases, Engineering Reports, five-year crop plans, Annual Farm Operations and Irrigation and Crop Management Plans, and technical and regulatory support. In 2010, CES conducted a comprehensive Land Treatment Site Capacity Assessment to define and compare the hydraulic and nutrient loadings and agronomic capacity; and compare the agronomic capacity to the Permit limits. In 2011,CES prepared a Process Water Treatment System Optimization and Capital Improvement Plan. The Plan sets forth the strategies and recommendations to optimize the treatment capability of the existing system, via pre-treatment and increasing the agronomic capacity, to maximize additional process water loadings from the processors. Pasco Processing Center, Port of Pasco, Washington CES has served three of the four processors in the Pasco Processing Center with permitting and regulatory support. Reser's Fine Foods Inc. -Rob Wiskerchen,Manager, (509) 543-4939. Pasco Processing, LLC-Robert Duenas, Environmental &Regulatory, (509) 544.6730. Twin City Foods, Inc. - Tom Foster, Pasco Division Manager, (509) 546-0850. ConAgra Foods(9 facilities) Process Water Re-use Management and System Design Paul Halberstadt, Sr. Director Environment(509) 736-2573 CES provides environmental consulting and engineering services for potato process water management including design, permitting,and management of land treatment systems for Lamb-Weston facilities in five states: Pasco,Connell, Richland, and Paterson Washington; Hermiston,Oregon; American Falls and Twin Falls Idaho;Delhi, Louisiana; and Park Rapids, Minnesota. Process water treatment ranges from constructed wetlands to direct land application to secondary treatment followed by land application. Engineering design and construction management support has included surge ponds, large storage ponds, irrigation systems, pipelines, pump stations, and associated infrastructure. CES has prepared irrigation CESA vatkTwntIV coMPANY Cascade Earth Sciences—Project Experience Caroervirkg Resources.Impruyi%Ufm Page 1 4V PROJECT EXPERIENCE and crop management plans;solids residual management plans, hydrogeologic evaluations and facility engineering reports for this client. CES hydrogeologists have planned and supervised installation of groundwater monitoring networks. CES has developed plans for monitoring groundwater,surface water, residuals, soil properties,and crop harvest. CES also provides data management systems, and compliance leak testing. Current CES activities at Lamb-Weston facilities include preparing annual reports and management plans,providing consultations for permit negotiations, facilitating long-range process water facilities planning and expansion,and substantial technical and engineering consulting. CES is proud to have provided service to Lamb Weston since 1989. Smith Frozen Foods -Weston, Oregon Process Water Treatment,Management, and Reuse Contract; Morris Hansen,Operations Manager, (541) 566-3810 CES has assisted Smith Frozen since 1987 with their process water treatment,management, and reuse. Services vary by year and have included design and construction management of their storage pond, transmission pipeline and surge pond; training of environmental personnel; groundwater well installation,monitoring, analysis,and compliance negotiation; soil, crop monitoring and annual report preparation;pretreatment of brine water separate from the main process water stream;pond leak testing and certification; Phase I and H ESA; permit negotiations; and consulting in support of the process water reuse system. Hermiston Foods - Hermiston, OR Site Evaluation and Permitting, Operations Planning and Consulting, Hydrogeology, and Reporting Contact: Mr. Mark Steele- (503)769-2101 Hermiston Foods has operated a land treatment system for its vegetable processing water for more than 20 years. CES prepared the original Site Characterization, Hydrogeologic Study and Operations Management and Monitoring Plan in 1990 to support the permitting process. From mid-2009 to present, CES has provided technical expertise and services for permitting a new land application site. The services have included site soils evaluation, revisions to the Operations, Management and Monitoring Plan (OM&M Plan), Hydrogeologic Study,Site Characterization Report, technical support for irrigation design and operations,and testimony and support for public hearings and regulatory negotiations. Oregon Department of Environmental Quality permit limits proved unworkable early in the startup phase of the land treatment operations. CES has contributed directly to the development of practical irrigation management and soil monitoring alternatives and moisture targets to create a workable solution. CES has also provided consultations for reducing irrigation spray drift from pivot irrigation in addition to groundwater data evaluation and reporting. REC Silicon - Moses Lake, WA Feasibility, Design, Construction Management, Hydrogeology, and Reporting Contact: Mr. Greg Fillipi- (509) 766-9687 CES developed a feasibility study, cost estimate, and design fora land treatment system, and guided REC Silicon through the permitting process. CES prepared the plans and specifications for construction of a 60 MG storage pond for non-contact cooling water along with a pump station,pipeline,and connection to an existing land application system. The pond is a two-cell storage facility that has a 100- mil HDPE Iiner. The size of the pond necessitated Ecology Dam Safety approval, which CES obtained. The design includes safety and maintenance features to facilitate cleaning, The pump station includes A VahVX ft'V COMPAW Cascade Earth Sciences—Project Experience CESC uk Page 2 PROJECT EXPERIENCE two sumps, a dry well, and a control building. Controls and valves, including backflow prevention, allow use of either well water or process water on the irrigated property. CES prepared the hydrogeologic study for this project and recently prepared both, an updated hydrogeological study and the annual irrigation and crop management plan in support of the permit requirements. 08-3 Resource Management-Warden, WA Feasibility,Design, Construction Management, Permitting, Hydrogeology, Monitnrin& and Reporting Contact: Mr. Jack Calder - (509) 349-2547 CES was retained by OB-3 Resource Management to investigate, design, permit, and construct an 6.5 mile long forced main pipeline,pump stations,and a 160 MG storage pond. CES provided support during construction, and the storage pond leak detection plan. CES provided federal, state, and local permitting support, which included two counties,Ecology Dam Safety,and the United States Bureau of Reclamation. The pipeline delivers 2.9 million gallons per day of wastewater from the City of Warden industrial facility to a 4,000-acre land application treatment system. Pipeline construction required a jack and bore crossing of the East Low Canal. Additionally, the pipeline required design and construction of two lift stations. CES prepared the Operations and Maintenance Manual, and currently provides regulatory support including preparation of the annual irrigation and crop management plan, and assistance with data management for the monthly discharge monitoring reports required by the permit. Port of Moses Lake-Moses Lake,WA Feasibility, Design, Construction Management,Perrnittin& Hydrogeology,Monitnrin& and Reporting Contact:Mr. David Bailey- (509) 762-5363 CES was hired to create a feasibility study,cost estimate,and design for a non-contact wastewater land treatment system, and to guide the Port of Moses Lake through the permitting process. The project has provided the Port of Moses Lake with decade's worth of expansion. The collection pipeline,pump station, and covered storage pond were designed by Montgomery-Watson as CES' subcontractor. CES designed the irrigation pump station, delivery piping and irrigation system, and provided full-time construction engineering review and oversight. CES prepared the engineering report, permit application, hydrogeologicaI assessment, and conducted the site soil and groundwater monitoring and reporting for the first year of operations. Subsequently, CES provided technical support to add another user,the United States Forest Service Tanker Base, and in discussions with another potential user,Takata,who was not added. The existing system consists of a mile long gravity sewer to collect process water, which is then pumped 5 miles to a 29 million gallon (MG) lagoon, A four-acre,floating polypropylene lagoon cover minimizes bird attraction to the runways of the Grant County International Airport. The irrigation pump station supplies the process water to two computer-controlled center pivots for irrigation of alfalfa and grain crops. The project currently accommodates 250,000 gallons per minute and cost$3.8 million. CESA va`yKmt'V coMPANY Cascade Earth Sciences—Project Experience C rag UwLwx s 4YpXwn Lice Page 3 PROJECT EXPERIENCE J. R. Simplot - Othello, WA Reporting and Technical Support Contact: Ms. Andrea Bongen- (509) 331-3983 CES has served J.R. Simplot in Othello since about 1997 and has prepared all of their annual regulatory reports since that time. CES also prepared their leak detection plan and provides crop and soil management support on an as needed basis. National Frozen Foods- Quincy,WA Repotting and Technical Support Contact: Mr. Bill Wagoner - (509) 787-1585 CES has served National Frozen Foods since about 1996 and has prepared all of their annual regulatory reports since that time. CES has also prepared their Engineering Reports for land expansion, conducted hydrogeological assessments, assisted with permit renewals, and regulatory and technical support. CES also designed and prepared plans and specifications for an upgrade of water delivery pumping and piping for the land expansion. J. R. Simplot - Moses Lake,WA Design,Permitting,Monitoring, and Reporting Contact: Mr. Andy Erickson- (509) 793-1187 CES has served J.R. Simplot in Moses Lake since about 1997 and has prepared all of their annual regulatory reports since that time. CES has also prepared three Engineering Reports for process water treatment upgrades or adding new land, conducted hydrogeoIogical assessments and annual statistical analysis, assisted with permit renewals, and provided substantial technical assistance. CES developed the Operations and Maintenance Manual for the entire system including the anaerobic digester and storage pond as well as preparing the anaerobic digester Leak Detection Plan. Basic American Foods -Moses Lake, WA Design, Permitting,Monitoring; and Reporting Contact: Mr. Mike Dodds- (509) 76,6-7876 CES has provided Basic American Foods with technical and regulatory support for many years including Engineering Report work, groundwater modeling, vadose zone monitoring design, data analysis,and regulatory intervention. Norco Inc, Moses Lake- WA Permitting and Technical Support Contact: Mr. Ned Pontious - (208) 336-1643 Norco Inc retained CES to assist them with wastewater quality and quantity evaluation in support of preparation their Engineering Report, Norco Inc supplies non-contact cooling water discharge to the City of Moses Lake. CESA vabTmx1tT coMPANY Cascade Earth Sciences—Project Experience C«,semrC Resources,krqroYwg L& Page 4 40 PROJECT EXPERIENCE Western Polymer- Moses Lake, WA Retention Pond Design, Permitting, Tech nicaI Support, and Reporting Contact: Ms. Bonnie White- (509)765-1803 CES has provided Western Polymer with engineering and environmental services for many years including: storage and settling pond designs, Engineering Reports in 1997 and 2003, regulatory annual reporting since 2007, and permit and regulatory support on an as needed basis. Boise Building Solutions -Kettle Fatis, WA Retention Pond Design and£coIogy Darn Safety Approval Contact: Ryan Lawrence- (509) 738-3249 CES provided plans and specifications for a hvo-cell HDPE lined pond with a capacity of 11 MG,and two unlined stormwater ponds with capacities of 1.3 MG and 2.7 MG and a pump sump to be used in emptying the lined pond. The lined pond is an off stream facility for contain ment and recycling of process water. The urdui led ponds are off-stream facilities with 13,000 cubic yards(cy) balanced excavation and embankment fill. CES prepared documentation to obtain Ecology Dam Safety Office approval in order to permit the lined pond. The storage pond was constructed in an existing,depression with a balanced cut and fill of approximately 7,070 cy of sludge excavated and hatiled away, and an earth excavation of 19,000 cy, which was used as fill in the earthen dike. The storage pond design included a 60-mil HDPE liner,liner ballast,ladders, and concrete inlet,outlet and overflow structures. A pump station was constructed and enclosed in a building for potential printer operations. A chain link fence was included in the design to prevent wildlife access to the pond. CESA VabTN►t'1t V COWANY Cascade Earth Sciences--Project Experience C4r**r,wg Rdo=m j tit. Page 5 KEY PERSONNEL CES is composed of highly qualified technical staff with specialized education and experience in the earth sciences and engineering focused on practical cost effective process water treatment and reuse. Traditional environmental consulting is dominated by engineers with construction or manufacturing experience. Engineering practices alone are not always suitable for evaluating natural reuse and treatment systems and identifying the most practical, sustainable and cost effective solution. Following are biographical summaries of Ivey personnel at CES who would manage,implement, and present your project. Steven Penner, CPAg Managing II Scientist Steven Venner has served the City of Pasco since 1996 with permitting, monitoring, reporting, and technical support. He has provided technical assistance on the Engineering Report and Irrigation and Crop Management Plans to support permit renewals and permit limit increase and gain regulatory approvals on the existing system. Mr. Venner fully understands the City's land treatment system and regulatory needs. He conducted the Land Treatment Site Capacity Assessment in 2010 and was the project manager for the Process Water Treatment System Optimization and Capital Improvement Plan. He will continue to fill the role of project manager on this project and be the primary contact to the City. Mr. Venner has 15 years experience as a Soil Scientist / Agronomist and 3 years experience as a Crop Production Specialist. He has experience managing wastewater land application systems and meeting regulatory requirements including permit development and renewals, NPDES permitting, and development of Engineering Reports for industrial wastewater land application systems. Mr. Veneer has experience with wastewater farm management plans, irrigation and crop management plans for food processors and municipalities,and soil investigations to assess site capacity for wastewater land treatment. He has experience with land application of biosolids and by-products including field trial design, agriculture registration, and evaluating beneficial re-use alternatives. His background includes farming,field research, zero tillage farming systems, soil fertility monitoring, interpretation, and recommendations. Greg Thurman, PE Managing II Engineer Greg Thurman participated in the Pasco Processing Center Process Water System Optimization and Improvement Plan including pretreatment system sizing and configuration. He will continue to participate on the engineering team during all phases of the system design providing process water treatment direction. Greg will lead the Advanced Facultative Pond sizing and design as our expert in this area and will provide techndcal review on other treatment components. Greg's deep experience with primary and secondary treatment of food process water is an asset to the design, balancing effectiveness, cost,and dependability. Mr.Thurman is a registered Washington professional chemical engineer with over twenty years of consulting and project management experience. Mr.Thurman has managed and consulted on engineering and environmental projects, both nationally and internationally,from conception to completion, including: primary and secondary wastewater treatment;land application of industrial and agricultural wastewater; irrigation design;hazardous waste investigations and remediations;lagoon design and management; landfill design, operations and closures;hydrogeologic studies;and environmental CESA vaknoWV comPANY Cascade Earth Sciences—Key Personnel Ccraerying Resources Imp"Nk-g life. Page 1 KEY PERSONNEL AV assessments/mitigation projects. Mr. Thurman also has extensive experience in various pollution control evaluations, feasibility studies, cost analysis, risk assessment, permitting, and project management. Mr. Thurman's strong project management background,familiarity with government regulations,and expertise in both traditional and non-traditional engineering techniques are an asset for completing a wide range of projects. Jay Williams, PE Managing II Engineer Jay Williams provided the conceptual civil engineering components and sizing for the City of Pasco Process Water Treatment System Optimization and Capital Improvement Plan. jay will continue to serve as the senior civil engineer on this project. Jay Williams is a civil engineer with 30 years experience in engineering and construction. Mr. Williams' experience includes designing piping systems, water control structures, open channel water systems, and retaining structures and irrigation systems. He has also managed projects in construction of pipelines, canals, concrete and steel structures, and earthwork. This experience includes new construction, rehabilitation, and retrofit projects. He has managed operations and directed operations and maintenance plans. Mr. Williams has experience in working with regulatory agencies to obtain the necessary permits to complete projects. He has reviewed numerous development plans for compliance with local regulations. Steel Maloney Principal Hydrologist Steel Maloney participated in the Pasco Processing Center system inspection and expansion options assessment and will continue to participate in the design and construction phases. His experience with many other industrial land based water reuse projects will be an asset to the project team. He will assist with system configuration, treatment approach/options, project contract and budgeting, technical review and public or user participation processes. Mr. Maloney has over 25 years of experience as a hydrologist consulting on environmental and water quality, reuse, supply and efficiency. He has worked on a variety of projects domestically and internationally which have included numerous land applications of industrial residuals and process water,municipal wastewater management, surface water hydrology, permit negotiation, and management of public participation. Mr.Maloney is President of CES and oversees our key clients, design-build projects, international business, as well as serving as a technical expert on water quality management, water reuse,permit negotiations and public participation management. Daniel Burgard, CPSS Principal Soil Scientist Dan Burgard has served the City of Pasco since 1996 with permitting, monitoring,reporting, technical support, and principal oversight. Mr. Burgard fully understands the City's land treatment system and regulatory needs. Mr. Burgard has 23 years of experience as a soil scientist and 4 years of experience in manufacturing. His background is wide ranging with experience focusing on beneficial uses of wastes and wastewater, and soil chemistry, Mr. Burgard currently holds the position of Principal Soil Scientist with responsibilities as,Technical Lead for Food Processing Business and corporate Soils Disciplines Lead. CESA Vdk"OntT COMPANY Cascade Earth sciences--Key Personnel CxnservM Resource&knprvwC Uk Page 2 AV KEY PERSONNEL job responsibilities include project management, scientific staff supervision and mentoring, coordinating the internal company continuing education training program,leading CES-sponsored land application reuse workshops, developing business with food processors, and technical supervision/review of waste/wastewater reuse projects and reports. Project areas have focused on land application reuse and use of industrial and municipal wastes and wastewaters as resources for crop production. Projects have included permitting, design,reporting, and consulting services for treatment and land treatment of wastewaters from potato, fruit, vegetable, and meat processing,municipal wastewater treatment plants, paper mills, power plants, and coal-bed methane producers. Expertise includes sludge management and biosolids management. Key technical areas of expertise are treatment processes, soils, soil-plant-water interactions, crop production, and irrigation. Kristofor Snider Staff II Engineer Kristofor Snider has over five years of experience as an engineer. He has engineering experience in the design of wastewater, drinking water, and stormwater projects. Mr. Snider has worked on all aspects of the engineering process from project planning to project completion. He has designed pump stations, wastewater pretreatment equipment, solids dewatering systems,mechanical aeration systems, disinfection systems, and liquid storage tanks. Mr. Snider has conducted reviews of construction submittals, requests for information, pay applications, and change order during the construction phase of projects. In addition, he has also served as the onsite engineering representative during the construction phase; where he was responsible for keeping daily logs of the contractors work and verifying that the work was completed according to the contract documents. Richard (Kyle) Billings Engineering Technician/Drafter Mr. Billings has 11 years of experience in providing engineering technician/ drafting services. He has extensive use of AutoCAD Civil 3D 2008-2010,AutoTurn 2006-2010,and AutoCAD R14-LDD 2008. As CES' engineering technician/drafter,Mr. Billings is responsible for the drafting and engineering support needs of the engineers and scientists at CES. It is his responsibility to ensure that the drafting is produced in a timely manner that meets the requirements set forth in CES' Quality Assurance, Quality Control standards. Mr. Billings is accountable for all drafting duties from design of general site maps to volume calculations. He is also responsible for construction documents and specifications, and assembly and layout of large wastewater land application irrigation systems. As a Designer/Drafter,Mr. Billings has been responsible for the design and drafting of diverse civil engineering projects including roadways; site development; land development(subdivision layout, platting, roads,utilities, record drawings, etc.); sewer collection; sewer treatment; storm water collection, storm water treatment, water distribution; water storage and booster pump stations. Mr. Billings has provided Designer/Drafting support for the following Key projects with key elements that will support the City of Pasco: • Construction of a new 5,500 gallon per minute booster station and two 550,000 gallon water storage reservoirs - City of College Place, Washington. • Replacement of Pumps and Well House's No. 1 and No. 3- City of Walla Walla,Washington. CESA vakrbmt IV comPANy Cascade Earth Sciences—Key Personnel Cznservirg Resources knpro"Life Page 3 KEY PERSONNEL 40 Replacement of Rest Area Water System-MDOT Indian►John Hill Rest Area. ■ Construction of a wastewater treatment facility - City of Plummer, Idaho, Design and relocation of process water Iines, mine access roads, and main haul road - Fort Knox Gold Mine, Fairbanks, Alaska. rrr.R.•..,a..aww�-� -- CESA vvkrwrttt'V cowA Y Cascade Earth Sciences—Key Personnel c4"'W"4 RooRes hr LV. Page 4 AV QUALITY AND SAFETY Quality Assurance Statement CES' quality assurance policy is simple - - do the right thing the right way the first time and do it with no surprises. CES' quality assurance methods reduce the risk to our customers by providing a high quality product that is managed, produced and reviewed by the most appropriate personnel. CES' senior project managers start each project by assigning the appropriate technical staff from our team of resource scientists and engineers. We believe that most client needs are best achieved by an interdisciplinary team of soil scientists, geologists, hydrologists, engineers, etc. Each technical area in CES is led by a discipline manager who has extensive training and experience in their area. The discipline managers are a resource to our clients and junior staff for technical leadership. Technical and management skills are maintained at a high level through internal transfer meetings and project management training classes. CES' scientists and engineers also teach, attend and provide presentations at various industrial conferences and '= workshops which allow us to stay current with new environmental solutions and issues. =y CES projects undergo a review and checklist procedure to ensure a quality product is produced and delivered. However, only you the client can be the final judge of quality. Any product that you are not satisfied with will be completed to your satisfaction. Ninety eight percent of our clients in 2004,2010, and 2011 indicate that they will recommend CES and use CES is committed to its safety mission:"A passion for world- us again (documented by post-project client class safety:excellence in execution,employee commitment, questionnaires). We cannot think of a better way to innovation exceptional communications,-globally." demonstrate our commitment to customer satisfaction. Commitment to Safety The CES Team is committed to its safety mission: "A passion for world-class safety:excellence in execution, employee commitment,innovation,and exceptional communications: globally." CES Team employees will apply the principles of this mission to ensure that safety is a priority for the duration of the project and for everyone involved in its completion. CES has not had a recordable safety incident in 2010 and 2011. Additional we are registered with ISNetworld and Browz global procurement companies that screen and evaluate safety,insurance, and compliance records.CES maintains a high rating with both. CES has a strong commitment to safety during all aspects of a project and has developed and implemented safety policies relating to our different work environments and situations. The policies are available upon request. The CES field staff members are audited while on projects to ensure that safety policies are practiced. Health and Safety Plans are developed and implemented for projects with potential chemical exposures, or as appropriate. CESA vai TKnt'V COMPANY Cascade Earth Sciences—Quality and Safety co"evm Rftm cm Wes%i& Page 1 AGENDA REPORT NO. 21 FOR: City Counci December 11 2011 TO: Gary Crutch Manager i FROM: Ahmad Qayourrii, Pu lie Works Director Regular Mtg.: 12,!19111 SUBJECT: 4`h Avenue Corridor Project(South Segment): TIB Grant I. REFERENCE(S): 1. Vicinity Map 2. Letter of grant award from TIB 3. TIB Fuel Tax Grant Distribution Agreement 1I. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 12119: MOTION: I move to accept the grant offered by TIB in the amount of $700,000 for the 4`h Avenue Corridor Improvements (South) Project, and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. Previously, the City determined that corridor improvements along 4`h Avenue between the I-182 Interchange and Sylvester Street were necessary and advantageous for safety and community enhancement reasons associated with one of the City's primary gateway corridors into the Central Business District. The 4`h Avenue Corridor Improvements Project is included in the City's Capital Improvement Plan as well as in the 2012-2015 Statewide Transportation Improvement Program. B. On April 4, 2011 the City of Pasco entered into an agreement with Hopper, Dennis, Jellison (HDJ) for the design of the corridor improvements. C. Staff made application in August to the Transportation Improvement Board (TIB) for financial assistance on the south segment. V. DISCUSSION: A. On November 18, 2011, the Transportation Improvement Board awarded the City of Pasco an Urban Corridor Grant in the amount of$700,000 for the construction of the south segment of the project (Court Street to Sylvester Street), The grant represents approximately 60% of the estimated project cost and will keep the City's share of the project cost at approximately $500,000. & Currently, the design of the project and preparation of construction documents is complete and ready for advertisement for construction bids. C. Staff requests Council's approval of the grant contract. 1o(c) N 4th AVE . CORRIDOR — SOUTH SEGMENT w e L.�.., .r x � '� I►a�, e.. .� - * Ii./ '�-}{ .N. .AtY•� � +1. �+ r,a-.e"=• .=�=S,vTM�+�".i�'+.`�. -° t\ � � -� - — 7, i, ]NMI �,�� � r - _ tK.' 7,� y�,►i. ��- -{' ♦ I� rJ�„'y;+,tea '' � � 1` +� �A ,•'rN W. PROJECT - vw ,r f �� +, y �4V^I�..•s��� '% --.r/!J ,rte+ ��� ��• 1 � j 1 � • a t l II �'J S' ' � ' \ � , � if•r `-1,^ ` f,�•� .0 �.�� ;O .: �,+'Z+'�-'"" �'' , `11t irr+ E`, Washington State Transportation Improvement Board TIB Members November 18, 2011 f fti+��'r LIJ1'1 Mayor ilp Insin Chair PUSLrc n .1 nTy at 11)L.Crw O�r1v7�❑ [lnrnn.�zicner lake w'taon voce rN,i ilA r. Ahmad Qayoumi, P.E. Graysliai6o,Courpry Public Works Director Counc Tmermer Jeanne 9Wbroac City of Pasco City o!Fwleral Wsy to+email, 525 North Third Ave Tyco P Port ofvanc[WvYN Pasco, VVA 99301 CounnimernXr Sam l�IMwd WMM:7`-O"^'Y Dear Mr, Clayoumi: KWl6en pans WSoor rdar0.Fre+bcrger P Congratulations! We are pleased to announce the selection of your project, 4th Avenue, City OfSLOo•WorW'ey Court St to Sylvester St, TIB project number 9-E-1 74(004)-1. The total TIB funds for this �ou„0Imelll&Wivam G=n';ar,r,,F E project is $700,000. cdy or S;oba la varrey Sacreaiy Paula Hommw+n PE Before an work is allowed on this project, you must: wsac�r Y P J Paul Ingins, a Verify the information on the Program Funding Status form, revise if necessary, Ciin;AnnnrlaiAlaragemein and sign; Coma-essi or Grog P3rt:h a Submit the section of your adopted Six Year Transportation Improvement Plan Wnaman County listing this project; LOUiD Pnaoos car orsemma,nSh • Sign both copies of the Fuel Tax Agreement; Heim Si,amn a Return the above items to TIB; HSPaWivApars You may incur reimburseable expenses only after you receive approval from H,in4a TAn,mKrw TIB. Krny owiti,Mefm rransrt 5tevs TAi PL Saononsn county In accordance with RCW 47.26.84, you must certify full funding by November 18, 2012 Cavc1`aonn�aie or the grant may be terminated. Grants may also be rescinded due to unreasonable Jay Weiler project delay as described in WAC 479-05-211. ':n„nly Rol ri Arhn,n,crrahon Rra,7rd Rol oh Wesws.P E S,ycre Alrancs p!weshvpfcn If you have questions, please contact John Dorffeld, TIB Project Engineer, at (360) 586- 1147 or e-mail JQhnD c TIB,wa.gov. Sincerely, Stevan E Gorcesi?� EXOLUIMB 0,0 M P O 80.o0�+OI Stevan Gorcester o+yn,aa wA W',04-0:1 Phone 36t65e5.1140 Executive director Fax 3601596-1165 Enclosures Investing in your kcal community Washington State Transportation Improvement Board WFuel Tax Grant Distribution Agreement LEAD AGENCY: PASCO PROJECT NUMBER: 9-E-174(004)-1 PROJECT TITLE: 4th Avenue PROJECT TERMINI: Court St to Sylvester St 1.0 PURPOSE The Washington State Transportation Improvement Board (hereinafter referred to as "TIB") hereby grants funds for the project specified in the attached documents, and as may be subsequently amended, subject to the terms contained herein. It is the intent of the parties, TIB and the grant recipient, that this Agreement shall govern the use and distribution of the grant funds through all phases of the project. Accordingly, the project specific information shall be contained in the attachments hereto and incorporated herein, as the project progresses through each phase. This Agreement, together with the attachments hereto, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the parties and supercedes all previous written or oral agreements between the parties. 2.0 PARTIES TO AGREEMENT The parties to this Agreement are TIB, or its successor, and the grant recipient, or its successor, as specified in the attachments. 3.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through completion of each phase of the project, unless terminated sooner as provided herein. 4.0 AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5.0 ASSIGNMENT The grant recipient shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The grant recipient is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the grant recipient`s other rights under this Agreement. 6.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. TIB Form 190.500 Page 1 of 3 Rev.2/14/2003 �W Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 7.0 TERMINATION 7.1 UNILATERAL TERMINATION Either party may terminate this Agreement upon 30 days` prior written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination, 7.2 TERMINATION BY MUTUAL_AGREEMENT Either party may terminate this contract in whole or in part, at any time, by mutual agreement with a 30 calendar day written notice from one party to the other. 7.3 TERMINATION FOR CAUSE In the event TIB determines the grant recipient has failed to comply with the conditions of this Agreement in a timely manner, TIB has the right to suspend or terminate this Agreement. TIB shall notify the grant recipient in writing of the need to take corrective action. If corrective action is not taken within 30 days, the Agreement may be terminated. TIB reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the grant recipient from incurring additional obligations of funds during the Investigation of the alleged compliance breach and pending corrective action by the grant recipient or a decision by TIB to terminate the Agreement. The grant recipient shall be liable for damages as authorized by law including, but not limited to, repayment of misused grant funds, The termination shall be deemed to be a Termination for Convenience if it is determined that the grant recipient: (1)was not at fault, or(2)failure to perform was outside of the grant recipient's control, fault or negligence. The rights and remedies of TIB provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 7.4 TERMINATION FOR CONVENIENCE TIB may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part, because federal or state funds are no longer available for the purpose of meeting TI B's obligations, or for any reason. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 7.5 TERMINATION PROCEDURE Upon receipt of notice of termination, the grant recipient shall stop work and/or take such action as may be directed by TIB. TIB Form 190-500 Page 2 of 3 Rev.2114/2003 ( r 1 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 8.0 AVAILABILITY OF TIB FUNDS The availability of Transportation Improvement Board funds is a function of Motor Vehicle Fuel Tax collections and existing contractual obligations. The local agency shall submit timely progress billings as project costs are incurred to enable accurate budgeting and fund management. Failure to submit timely progress billings may result in delayed payments or the establishment of a payment schedule. 9.0 ATTACHMENTS Attachments are incorporated into this agreement with subsequent amendments as needed. Approved as to Form This 14th Day of February, 2003 Rob McKenna Attorney General By: Signature on file Elizabeth Lagerberg Assistant Attorney General Lead Agency Transportation Improvement Board Signature of Chairman/Mayor Date Executive Director Date Print Name Print Name T16 Form 190-500 Page 3 of 3 Rev.2/14/2003 Attachment 1 Project Funding Summary Project Information Lead Agency PASCO Project Number 9-E-174(004)-1 Project Title 4th Avenue Project Termini Court St to Sylvester St TIB funds for the project are: Phase TIB Funds Design 0 Right of lay 0 Construction 700,000 Total Grant 700,000 T]ki Furm 190.600 Rev.V102003