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HomeMy WebLinkAbout2010.02.16 Council Meeting Packet AGENDA PASCO CTTY COUNCIL Regular Meeting 1:00 p.m. February 16, 2010 Please note that our Council Meeting will take place on Tuesday, February 16 as City Hall will be closed Monday, February 15 in honor of Presidents' Day. 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: ALI 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 Councihnembers 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 February 1,2010. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) I. To approve General Claims in the amount of$2,769,597.09 ($84,717.88 in the form of Wire Transfer Nos. 5404 and 5407; $10,000.00 in the form of Electronic Fund Transfer No. 1012; and $2,674,879.21 consisting of Claim Warrants numbered 175478 through 175687). 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$249,884.33 and, of that amount, authorize $201,964.43 be turned over for collection. *(c) Purchase of Modular Building: 1. Agenda Report from Stan Strebel,Deputy City Manager dated February 8, 2010. 2. Sales Agreement. To authorize the City Manager to execute the sales agreement for the purchase of the former Metro Modular Building and, further, to authorize payment from the general fund with the cost to be included in the year-end supplemental budget. (d) State Grant for Road 40 Fast Sewer Project: I. Agenda Report from Robert J. Alberts, Public Works Director dated February 2, 2010. 2. Vicinity Map, 3. Small Communities in Rural Counties Grant Agreement (Council packets only; copy available for public review in the Public Works office, the Pasco Library or on the city's webpage at ha-,://www.Pasco-wa- v/webap /citycounciIrc rts). To accept the grant offered by Washington State Public Works Board in the amount of$550,000 for the Road 40 East Sewer Project and, further, authorize-the Mayor to sign the contract. l(RC) MOTION: 1 move to approve the Consent Agenda as read[_ 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS- OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) Regular Meeting 2 February 16,2010 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Resolution No. , a Resolution approving the Rental Rehabilitation Program Guidelines. 1. Agenda Report from Angie Pitman, Block Grant Administrator dated February 3, 2010. 2. Proposed Resolution. 3. Summary of Rental Rehabilitation Program Guidelines. 4. Rental Rehabilitation Program Guidelines (Council packets only; copies available for public review in the Planning office, the Pasco Library or on the city's webpage at ht4-.t://www.pasco-wa.gov/wel)i cjty c'1rt.: r: s MOTION: I move to approve Rcsohaiuri No- , approving €hr Rental Rehabilitation Program Guidelines. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Extension of Library Services Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated February 12, 2010. MOTION-. I move to approve the six-month cowrxct extension with Mid-Cohmlbiat TAbrary District and, further, author-izc the City Manager io sign the agreement. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) Collective Bargaining Proposals (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File 4...." Q Quasi-Judicial Matter REMINDERS: 1. 5:00 p.m., Tuesday, February 16, TRAC - 'rRAC Advisory Board Meeting. (COUNCILMEMBERS REBECCA FRANCIK and AL YENNEY) 2. 5.30 p.m., Wednesday, February 17, Clover Island Inn—Benton, Franklin&Walla Walla Counties Good Roads & Transportation Association Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 1, 2010 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor, ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Tom Larsen, Joyce Olson, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland B, Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Bob Alberts, Public Works Director; Denis Austin, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated January 19, 2010. (b) Bills and Communications: To approve General Claims in the amount of$939,917.35 ($10,054,78 in the form of Electronic Fund Transfer No. 1010; $31,382,17 consisting of Claim Warrant numbered 175259; and $898,480.40 consisting of Claire Warrants numbered 175261 through 175336). (2009 EXPENSES) To approve General Claims in the amount of$1,209,998.67 ($117,664.36 in the form of Wire Transfer Nos. 5395 and 5399; S605,700.00 in the form of Electronic Fund Transfer No. 1011; $4,245.36 consisting of Claim Warrant numbered 175260; and $482,388,95 consisting of Claim Warrants numbered 175337 through 175477). (2010 EXPENSES) To approve Payroll Claims in the amount of$1,807,319.09, Voucher Nos. 40649 through 40721; and EFT Deposit Nos. 30035192 through 30035731. (c) Bridge Study MOU: To approve the Memorandum of Understanding with the Benton Franklin Council of Governments for the Columbia River Crossing Study and, further, authorize the City Manager to sign the MOU. (d) Final Plat (MF#FP09-007) Reilynn Park (Aho Construction): To approve the Final Plat for Reilynn Park. (e) Resolution No. 3213, a Resolution conditionally granting the Sewer Utility Waiver requested by Dwight Leavitt. To approve Resolution No. 3213, conditionally granting the sewer utility waiver request by Dwight Leavitt. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FR011'I COMMITTEES AND/OR OFFICERS: Mayor Olson attended the Annual Employee Awards Banquet, the AWC City Legislative Action Conference and the Ridges to Rivers Open Space Network Presentation. I 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 1, 2010 Mr. Larsen attended the Annual Employee Awards Banquet and the Emergency Medical Services Board meeting. Mr. Yenney attended the Community Forum at TRAC, the AWC City Legislative Action Conference, the Annual Employee Awards Banquet and reminded all that there is a Business Forum Wednesday February 3" Mr. Garrison attended the Annual Employee Awards Banquet, reported on the TCVCB Board meeting, TRIDEC Board meeting and the Hanford Communities Board meeting, Mr, Watkins reported on the AWC City Legislative Action Conference and with Mr, Garrison attended the Emergency Dispatch Committee meeting. ORDINANCES AND RESOLUTIONS NOT RELA'T'ING TO PUBLIC HEARINGS: Ordinance No. 3954, an Ordinance of the City of Pasco, Washington, amending the Zoning Classification of the northwest quarter of the northeast quarter of Section 10, Township 9 North, Range 29 Past, W.M. from R-S-1 (Suburban) to R-1 (Low Density Residential) with a Concomitant Agreement. MOTION-. Mr. Watkins moved to adopt Ordinance No. 3954, an Ordinance establishing R-1 Zoning for a 40-acre parcel at the southeast corner of Power Line Road and Road 60 as recommended by the Planning Commission and, further, to authorize publication only. Ms. Francik seconded. MOTION: Mr. Watkins moved to amend the motion to read `authorize publication by summary only." Ms. Francik seconded. Motion carried unanimously. Original amended motion carried 6-1. No — Larsen. Resolution No. 3214, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a classroom and locker room addition at Pasco High School. MOTION: Mr. Watkins moved to approve Resolution No. 3214, approving the Special Permit for the classroom and locker room addition to Pasco High School, Ms. Francik seconded. Motion carried unanimously. NEW BUSINESS: Special Permit (Appeal MF#SP09-008): Location of a Preschool in an R-S-20 Zone (Faith Assembly Imagination Studios): Mr. White explained the details of the Special Permit process. MAYOR OLSON DECLARED THE CLOSED RECORD HEARING OPEN TO CONSIDER THE RECORD. Council discussed the record. MAYOR OL.SON DECLARED THE HEARING CLOSED, MOTION: Mr. Watkins moved to remand the appeal of MF #SP09-008 to the Planning Commission to consider the traffic impacts of the estimated number of students, any applicable limitations on the number of students or school operations and to develop findings of fact as appropriate. Ms. Francik seconded. Motion carried unanimously. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 1, 2010 Lewis Street Land Acquisition/Relocation Services: MOTION: Mr. Watkins moved to accept the agreement from HDR Engineering for the ]and acquisition and relocation services for the Lewis Street Overpass project. Ms. Francik seconded. Motion carried unanimously. Arraignment Defense Counsel: MOTION: Mr. Watkins moved to authorize the City Manager to enter into a contract for Arraignment Defense Services, on terms most favorable to the City and, further, authorize the cost to be included in the 2010 year-end supplemental budget. Ms. Francik seconded. Motion carried unanimously. Process Water Reuse Facility Irrigation Pivot: MOTION: Mr. Watkins moved to award the low bid for the Process Water Reuse Facility Irrigation Pivot, Project No. 10-7-01 to Valmont Northwest in the amount of $95,746.00 plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Mayor Olson noted the next Worksho� meeting will be February 8t' and the next Regular meeting will be Tuesday February 16 . ADJOURNMENT: There being no further business, the meeting was adjourned at 7:46 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this]6t" day of February, 2010. 3 CITY OF PASCO Council Meeting of: February 16, 2010 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the unde igned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered th labor pe ed as described herein and that the claim is a just, due and unpaid obligation against the city d 1 at we a author ed to authenticate and certify to said claim. Gary C lchfield, M nager Rick Terway Director Administrative & Community Services We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the merchandise or services hereinafter specified have been received; that Wire Transfer No's 5404 and 5407 in the amount of$84,717.88, have been authorized;that Electronic Fund Transfer No. 1012 in the amount of$10,000.00, has been authorized;that Check No's 175478 through 175687 are approved for payment in the amount of$2,674,879.21,for a combined total of$2,769,597.09 on this 16th day of February, 2010. Councilmember Councilmember SUMMARY OF CLA1MSlWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 2,734.65 Judicial 16,186.85 Executive 1,254,05 Police 20,872.47 Fire 20,337.76 Administration & Community Services 130,455.89 Community Development 4,137.94 Engineering 598.92 Non-Departmental 46,713.80 Library 2,468.06 TOTAL GENERAL FUND: 245,760.39 STREET 24,618.98 #� 57,031.06 KING COMMUNITY CENTER 4,262.05 AMBULANCE SERVICE 7,54129 CEMETERY 99.08 ATHLETIC PROGRAMS 1,578.50 SENIOR CENTER 4,843.02 MULTI MODAL FACILITY 2,170.67 RIVERSHORE TRAIL&MARINA MAIN 153.52 LITTER CONTROL 0.00 REVOLVING ABATEMENT 345.00 PARKS FUND 0.00 TRAC DEVEL& OPERATING 0.00 STADIUM/CONVENTION CENTER 2,500.00 SPECIAL ASSESSMNT LODGING 13,614.89 GENERAL CONSTRUCTION 10,693.58 WATER/SEWER 2,229,078.74 EQUIPMENT RENTAL• OPERATING 17,068.37 EQUIPMENT RENTAL- REPLACEMENT 0.00 MEDICAL/DENTAL INSURANCE 84,717.88 CENTRAL STORES 0.40 PUBLIC FACILITIES DIST 22,475.90 PAYROLL CLEARING 40,544.76 LID CONSTRUCTION 0.00 TRI CITY ANIMAL CONTROL 499.41 GRAND TOTAL ALL FUNDS: $ 2,769,597.09 3(b).1 AGENDA REPORT FOR: City Council DATE: February 10, 2010 TO: Crary Crutchfiel r' . anager REGULAR: February 16,2010 Rick Terway, A ministrative&Community Services Director FROM: Stephanie Brock, Accounting Supervisor*6t� SUBJECT: BAD DEBT WRITE-OFF'S/COLLECTIQN. i, Ri1:IfSR1�iN�:E(S�: Write-off and collection lists are on file in the Finance Department. Il. x'_ Q R1_crJ , LLP—QL Lij;,C1L ST FF RECOMMENDATION MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $249,884.33 and, of that amount, authorize$201,964.43 be turned over for collection. 111. 1115TORY AND FACTS BRIEF: I. LULiIY_j1.JL!.JNG - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address,or are accounts in 'occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE -These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address, Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COl=RT A(LC0 ,NTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine, There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are retuned with no forwarding address. Those submitted for collection exceed$10.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 7. MJ.SCELLA14 U-9.- 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 $ 1,166.35 .00 1,166.35 Ambulance $ 46,553.55 17,208,43 63,761.98 Court AIR $ .00 178,695.00 178,695.00 Liens $ 200.00 5,516.00 5,716.00 Cemetery $ .00 .00 .00 General $ .00 545.00 545.00 Miscellaneous $ .00 .00 .00 TOTAL: $ 47,919.90 201,964.43 249,884.33 1V. ADMINISTRATIVE RQU`I IQ cc: Dot French,Municipal Court Clerk 'Z(b)■2 AGENDA REPORT FOR; City Council February 8, 2010 TO: Gary Crutchfi y Manager Regular Mtg.: 2/16/10 FROM: Stan Strebel, Deputy Ci ty Mana SUBJECT: Purchase of Modular Building I. REFERENCE(S): 1. Sales Agreement H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/16: MOTION: I move to authorize the City Manager to execute the sales agreement for the purchase of the former Metro Modular Building and, further, to authorize payment from the general fund with the cost to be included in the year-end supplemental budget. Ill. FISCAL IMPACT: Building Cost $63,517.95 less $8,500 from Metro = $55,017.95 net cost IV. HISTORY AND FACTS BRIEF: A) Metro has utilized a modular structure, located east of the City Hall activity center for the last eight years. Metro relocated to Kennewick in January. Moving the structure (allowing for the return of the building to the owner, Modern Building Systems) and restoring the area would cost Metro approximately $17,000. The City can purchase the building as is for $60,000, plus tax. Staff has secured a commitment from Metro to pay the City one half of its avoided cost ($8,500) if the city purchases the building, thereby relieving Metro of the entire moving/restoration.cost. B) For a net outlay of $55,017.95, the city can keep the building in place. A new facility of comparable size would be expected to cost between $185,000 and $214,000. C) The city can use the structure for records storage thereby providing more convenient, additional future capacity while freeing space in the downtown post office building for commercial purposes. V. DISCUSSION: A) Staff recommends authorization of the purchase. 3(C) "AS IS" SALES AGREEMENT FOR USED BUILDING This agreement dated the l st day of February, 2010 is by and between City of Pasco, PO Box 293, Pasco, WA 99301 ("Purchaser") and MODERN BUILDING SYSTEMS, INC., ("Seller") located at 9493 Porter Rd NE (PO Box 110), Aumsville, OR 97325. AGREEMENT In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The Contract between the parties consists only of this Agreement. This Contract is fully integrated and supercedes any other agreements, negotiations, discussions, or understandings between the parties. This Contract may be modified only by written agreement signed by both parties. 2. Seller agrees to sell a modular building Serial Numbers 2003.SB.21-A/I3/C, unit# 783/784/785 (hereinafter "Subject Building") to Purchaser on the conditions stated herein. The Subject Building is a used building and is being sold "as is" without any warranty whatsoever. 3. The sum to be paid by Purchaser to Seller for the Subject Building to be supplied under this Contract shall be Sixty-Thousand Dollars ($60,000), which shall be paid upon the signing of this Agreement. Final approval of the Subject Building shall not be delayed or withheld on account of delays or conditions that are not the responsibility of Seller. Interest on any delinquent payments shall accrue at the rate of 18% per month. 4. Seller agrees to provide its best efforts to complete its performance, including any erection responsibilities, within (0) days from the date of this Agreement. If delays occur beyond its control, Seller may adjust the completion date to reflect any changes caused by such delay. 5. Should Seller be delayed in the prosecution or completion of its work by (a) the act, neglect, or default of Purchaser or any party working under the direction or by agreement with Purchaser; (b) fire, severe weather conditions, or other casualty or vandalism for which Seller is not responsible; (c) any labor dispute or unavailabilit,� of material; (d) delays in permitting or approvals relating to erection at the site, or (e) any other cause outside the control of Seller, the time herein fixed for the completion of the work shall be extended for a period equivalent to the time lost by reason of any or all of the causes aforesaid. The time extension allowed to Seller shall be determined and fixed by mutual agreement. In the event a mutual agreement cannot be reached, the issue shall be referred to arbitration as herein provided. 6. For all prerequisite work required to be performed by Purchaser, Purchaser agrees to provide all permits, labor, and materials essential to the conduct of said work in such manner so as not to delay or inconvenience Seller in its performance. In the event of Purchaser's failure to do so, Purchaser agrees that it will reimburse Seller for any costs or changes resulting therefrom, including lost profits. l (Revised 3i12i08) Portln d3-1619999.1 005 1297-00001 7. Purchaser is solely responsible for obtaining the zoning approvals, permits, surveys, access and other approvals required for the placement and erection of the Subject Building by Seller. Purchaser warrants that its site for Subject Building will allow Seller free access and convenience for erection without restrictions or the use of any special erection means or procedures. Purchaser also warrants that it has all required approvals and agreements necessary for the Subject Building's placement on the designated site, and that the site is suitable structurally and otherwise for the Subject Building. Purchaser is solely responsible for any engineering or geotechnical studies, analyses, or investigations necessary to determine the suitability of the designated site or the support necessary for the Subject Building. Seller shall have no responsibility for determining the suitability of the site for the Subject Building's placement or whether special structural support is necessary for the Subject Building, 8. Seller shall carry and maintain bodily injury and property damage liability insurance during the course of erection of the Subject Building at Purchaser's site. A certificate of insurance will be provided to Purchaser upon request. 9. The risk of loss from fire, theft, weather, vandalism, or any other cause shall be on Purchaser from and after physical delivery of the Subject Building's modules to Purchaser's site before erection. Any loss or damage shall not excuse Purchaser from its payment obligation hereunder. If any such loss shall occur and at Purchaser's request, Seller shall snake such repairs or replacements as may be necessary and the purchase price shall be adjusted upward on an equitable basis to reflect the cost of such additional repairs or replacements, 10. A. Warranty, Disclaimer and Limitation of Liability. THE SUBJECT BUILDING IS SOLD "AS IS" AND WITH ALL FAULTS AND DEFECTS. SELLER MAKES NO 'WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTIAL PURPOSE. PURCHASER AGREES THAT IT SHALL NOT HAVE ANY RIGHT, CLAIM, OR REMEDY AGAINST SELLER IN CONTRACT, TORT OR BY STATUTE, WHETHER OR NOT ARISING FROM SELLER'S NEGLIGENCE,ACTUAL OR IMPUTED OR OTHERWISE ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. 11. Any failure of Purchaser to perform its obligations under this Agreement shall be a material breach of contract. In that event and without limitation of any other remedies, Seller shall be entitled to terminate its performance and recover from Purchaser its full damages, including lost profits and overhead, on account of the breach. 12. At any time prior to the erection of the Subject Building, Seller shall have the right in its sole discretion to terminate this Agreement for its convenience. In the event of such termination, Purchaser's sole remedy is the return of all payments made to Seller prior to the termination. 2 (Revised 4103/09) Ponknd3-1619999.1 0051297.0000E 13. Under no circumstances shall Seller be liable to Purchaser for consequential damages of any sort, including without limitation lost profit or rent. This waiver shall apply no matter the legal theory of any claim brought, including without limitation contract, tort or statutory claims. 14. Any dispute arising out of or related to this Contract shall be decided by binding arbitration in accordance with the Construction Industry Rules of the American Arbitration Association. Absent the agreement of the parties, the exclusive location of any arbitration hearing shall be in Salem or Portland, Oregon, at Seller's option. Any court with jurisdiction may enter a judgment on any award made. 15. The prevailing party in dispute arising out of or related to this Contract shall be entitled to recover its attorneys' fees and litigation costs. 16. This Contract shall be construed and governed by the laws of the state of Oregon. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above mentioned. City of Pasco MODERN BUILDING SYSTEMS, INC. Purchaser Seller By: By: Print Name : Ken Mero Title : Vice President, Sales Modern Building Systems; Inc. 9493 Porter Rd'-NE (PO Box 1 l0) Aumsville,OR 97325 3 (Revised 4103/09) Po rtln d3-1619999.1 0051297-00001 AGENDA REPORT NO. 4 FOR: City Council February 2, 2010 TO: Gary Crutchfie :i anager Workshop Mtg.: 02/08/10 FROM: Robert J. Alberts, Public Works Director Regular Mtg.. 02/16/10 SUBJECT: State Grant for Road 40 East Sewer Project. I. REFERENCE(S): i. Vicinity Map 2. Small Communities in Rural Counties Grant Agreement (Council packets only: copy available for public review in the Public Works office, the Pasco Library or on the city's webpage at http://www.Pasco-wa.Qov/peneralinfo/citycouncilrgports). 11. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 02/08: Discussion 02116: MOTION: I move to accept the grant offered by Washington State Public Works Board in the amount of$550,000 for the Road 40 East Sewer project and, further, authoi-i7.e the Mayor to sign the contract. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The City Council adopted the 2010-2015 Capital Improvement Program which includes the extension of the East Road 40 sewer pipeline to serve the east side of SR12. V. DISCUSSION: A) The City has received an offer from Washington State Public Works Board for a $550,000 grant for the Road 40 East Sewer project. In accepting the grant, there will he installation of approximately 3,000 feet of 21-inch pipeline, 10 manholes, 300 lineal feet of 30-in bore casing crossing under SR12, connection to the existing system on `A' Street and site restoration. The estimated project cost is $700,000. Staff recommends Council accept the grant. 3(d) 1 n- • r _ e`L L�� =L.T - � r -~ A'— A In -fit = ��L a 1• _ �' g�`' � - -a�� # �� .'.� ll�h 'i L��,• _ � �� .t . ��- ;mil` �• " � I,fit 4� �/� '�, '. e} Fi y ��'� ` �• _ V 1 '�' �� � •.- �;r`f s�„r''•/�'.� �+�e bxnt+�wsti MMO ONO _720 il- i e AGENDA REPORT FOR: City Council Februaiy 3, 2010 TO: Gary Crutchfield, alter Workshop Mtg.: 2/8/10 Rick White, �, Regular Mtg.: 2/16/10 Community & Econ mic Development Director FROM: Angie Pitman, Block Grant Administrator SUBJECT: Rental Rehabilitation Progam (RRP) Guidelines (N F#CDBG10-006) I. REFERENCE(S): I. Proposed Resolution 2. Summary of Rental Rehabilitation Program Guidelines 3. Rental Rehabilitation Program(RRP) Guidelines' * (Attachments in Council packets only; copies available for public review in the Planning office, the Pasco Library or on the City's webpage at htty://www.t aS4Q- wa.gov/generalinfo/citycouncilreports), R. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 2/8: DISCUSSION 2/16: MOTION: I move to approve Resolution No. , approving the Rental Rehabilitation Program Guidelines. III. FISCAL IMPACT: NONE IV. HIS'T'ORY AND FACTS BRIEF: A. On November 7, 2005 Council approved Resolution No. 2908 adopting regulations for the Coirununity Housing Improvement Program (CHIP), a single family dwelling (owner occupied) rehabilitation program. B. On September 8, 2009 Council approved Resolution No. 3188 allocating $297,800 in HOME funds for the RRP Work Plan. C. On November 15, 2009 the Tri-Cities HOME Consortium submitted the 2010 Annual Action Plan in accordance with U.S. Department of Housing and Urban Development (HUD) regulations which included the City's allocation for the RRP. V. DISCUSSION: A. Guidelines for administration of the RRP Program are needed to provide criteria for participation in the plan, ensure compliance with Federal, State and City laws governing the program, and provide performance measurement and monitoring goals. The proposed RRP guidelines are based on the existing owner occupied rehabilitation guidelines through the CHIP. B. The requirements of the program guidelines are summarized for Council review and comment, and delineated as to whether it is a Federal/State requirement of the program or local discretion. C. The guidelines are developed to focus on rentals containing 1 to 4 units, which allow HUD "Single Family" Guidelines to be used,reducing administrative costs. D. The RRP guidelines establish priority on rehabilitation of vacant units or units where displacement of tenants will not occur. This eliminates the requirement to provide displacement costs and temporary living quarters for affected renters. S(a) RESOLUTION NO. A RESOLUTION APPROVING THE RENTAL REHABILITATION PROGRAM (RRP) GUIDELINES WHEREAS, the City of Pasco receives through the Tri-Cities HOME Consortium a regular entitlement from the US Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program for the purpose of improving the availability of affordable housing opportunities in Pasco and establishing private and public partnerships; and WHEREAS, the Pasco City Council approved the Community Housing Improvement Program (CHIP) Single Family Rehabilitation Program regulations by Resolution on November 7, 2005; and WHEREAS, the Rental Rehabilitation Program (RRP) Guidelines have been prepared in conjunction with the Community Housing Improvement Program (CHIP) Single Family Rehabilitation Program; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That the Rental Rehabilitation Program (RRP) Guidelines (attached) are hereby approved, PASSED by the City Council of the City of Pasco this day of , 2010 CITY OF PASCO: Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney SUMMARY RENTAL REHABILITATION PROGRAM REQUIREMENTS y Wr O O L Z g y v A d � x Applicability Program Requirement Goals * Assists rental property owners with health, safety, X security, accessibility and energy improvements ; • Preserves and restore structural integrity, improve X physical quality of rental housing stock; Improves long-term value and affordability; X • Assists in preservation of neighborhoods. X Eligible Landlord • United States citizen,United States non-citizen national X or qualified alien; • Rents to households falling within the current low- X moderate income guidelines; • Makes a minimum contribution of at least 25%of total X project costs toward improvements; • Current property taxes; X • Credit worthy borrower; X • Sufficient income to support the primary debt and able to X show evidence of approved funding from primary lender. Real Property • Within Pasco city limits; X • Meets the definition of single family housing at 24 CFR X 92.254(a)(1),rental units having 1 to 4 units; • Fee Simple Title--the borrower must provide a X preliminary title report that is satisfactory to the City; • Meet the definition of affordable, modest housing contained in 24 CFR 92.254(x)(2); X • Property is vacant,or displacement of tenant is not likely X to occur; • After rehabilitation, meet the property standards X contained in 24 CFR 92,251(a)(2); • Free of chipped or peeling paint if the home was built X _ before 1978,per 24 CFR 92.355; Manufactured Rome • In addition to above real property requirements: X • Constructed after June 15, 1976 and in accordance with X standards established under 24 CFR Part 3280; • Located on land that is held by the first-time homebuyer, X or the homebuyer has a lease interest in the land for the entire required affordability period; • Meet local building and zoning standards; X • Be fixed to a permanent foundation; X • Be taxed as real property,i.e. title eliminated; and X • Be connected to permanent utility hook-ups. X - 1 - Printed 211/10 0 C7 CC S u .� O OC Applicability Program Requirement Eligible Project + Reasonable and necessary project costs as allowable per X Costs OMB-A87 and 24 CFR 92.602(b)(1)and(3) • Loan to Value Ratio no greater than 103.5%of the sales X price of the home, including required and necessary closing costs. • Health& Safety Rehabilitation Costs X • Structural Rehabilitation Costs X • Weatherization X • Incidental Repairs X • Essential Repairs X Inspections • Meets HUD Housing Quality Standards X Required • Meets Environmental Review requirements X • Meets Lead-Based Paint minimum requirements X • AppraisaI X Rehabilitation Loan • Up to $40,000 of direct assistance as silent second X Terms • Three percent interest rate, 10-year term with interest X compounded annually; • $10,000 per unit,maximum of four units per pro.-ram X year per owner/co-owner. + Lien in no less than 2nd position X • Recapture or resale of 100% of HOME investment if X default event occurs during period of affordability (5 years) • Repayment terms for resale or recapture from net X proceeds(pro-rated to return some of owner's investment). • Acceptable primary loan types (conventional loan, fixed X rate,no greater than 30 year term),no adjustable rate or subprime mortgages • Rent to low-moderate income Households during period X of affordability • Real property taxes and hazard insurance must be current X at all times • Property kept in good condition,repair and permit no X waste thereof • The home may not be used for any activities prohibited X by law. . 2 - Printad 211110 A C a •a Applicability Program Requirement Other Regulations • Fair Housing Act Equal Credit Opportunity Act(ECOA). X Applicable • Real Estate Settlement Practices Act(RESPA) X • Truth in Lending Act(TILA) (Part of federal Consumer X Credit Protection.Act) • Right to Financial Privacy Act of 1978 [Codified to 1.2 X U.S.C. 3441 note] • Title N of the Personal Responsibility and Work X Opportunit y Reconciliation Act of 1996. Monitoring • City will monitor the landlord via postal mail or other X methods throughout the life of the HOME loan to ensure compliance with residency require ents. printe(I 211)10 AGENDA REPORT TO: City Council February 12, 2010 FROM: Gary Crutchfi i ,Manager Regular Mtg.: 2/16/10 ro SUBJECT: Extension of Li rary Services Agreement 1. REFERENCE(S): None II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/16: MOTION: I move to approve the six-month contract extension with Mid- Columbia Library District and, further, authorize the City Manager to sign the agreement. 111. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The city and Mid-Columbia Library District have been engaged for several months in discussions aimed at drafting a new long-term agreement for the provision of library operations by the Mid-Columbia Library District within the Pasco library building on 14;h Avenue. That contract has been in place for at least 30 years and the current 10-year agreement expires at the end of 2010. B) At the commencement of negotiations last year, the city indicated that it would need a full year in order to prepare to operate its own library, in the event a successor contract does not result from the negotiations. That deadline (December 2009) has passed. Without a new contract already in hand; the city should now be preparing to operate the library on its own. C) The representatives for the Library District and the city have concluded that it would be most appropriate to extend the existing 10-year contract for an additional six months, allowing the parties the next four months in which to determine whether or not a successor contract acceptable to both parties can be achieved. If not, the city will need to make its decision by June 2010 as to whether or not it intends to establish its own library operations. V. DISCUSSION: A) An extension document is not available at the time of this writing (2/12). The Library Board discussed the matter at a special meeting on Friday morning, February 12 and concluded that it would offer an extension with the following provisions: • Extend the current agreement to expire June 30, 2011; • Existing fee forinula shall apply for the extension; • Written notice required at least one-year prior to termination. B) Staff recommends Council approval of the extension, with the understanding that a fain decision must be reached by June of this year (either a new contract with the District or the city operates its own library). The written form of the extension is expected to be available for the Council meeting on February 16. 10(a)