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HomeMy WebLinkAbout2012.12.17 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. December 17, 2012 11 CALL TO ORDER 2, ROLL CALL: (a) Pledge of Allegiance 3, CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 4. 5. 6. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated December 3, 2012. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) To approve General Claims in the amount of $1,648,185.86 ($148,912.26 in the form of Electronic Fund Transfer Nos. 12663, 12729, 12765, 12784, 12840 and 12879; and $1,499,273.60 in the form of Wire Transfer Nos. 1267, 1270 and 1271, and Claim Warrants numbered 190627 through 190860). 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 $159,280.59 and, of that amount, authorize $80,275.98 be turned over for collection. *(c) Cancellation of Workshop Meeting. (NO WRITTEN MATERIAL ON AGENDA) To cancel the December 24, 2012 Workshop Meeting. (RC) MOTION: I move to approve the Consent Agenda as read. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) REPORTS FROM COMMITTEES AND /OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through November 2012. (c) HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) Annexation: Commercial/Kahlotus (MF# ANX12 -003). 1. Agenda Report from Dave McDonald, City Planner dated December 3, 2012. 2. Vicinity Map. 3. Proposed Annexation Ordinance. 4. Proposed Zoning Ordinance. 5. Planning Commission Report and Minutes dated 11/15/12. CONDUCT A PUBLIC HEARING Regular Meeting 2 December 17, 2012 A Ordinance No. an Ordinance relating to annexation and annexing certain real property to the City of Pasco. MOTION: I move to adopt Ordinance No. , annexing certain real property to the City of Pasco and, further, to authorize publication by summary only. -AND - Ordinance No. an Ordinance of the City of Pasco, Washington, assigning zoning to certain real property within the City of Pasco. MOTION: I move to adopt Ordinance No. establishing I -1 Zoning for the Commercial/Kahlotus Annexation area as recommended by the Planning Commission and, further, to authorize publication by summary only. (b) Annexation: Water Intake Property (MF# ANX12 -006). 1. Agenda Report from Dave McDonald, City Planner dated December 3, 2012. 2. Vicinity Map. 3. Proposed Annexation Ordinance. 4. Proposed Zoning Ordinance. 5. Planning Commission Report and Minutes dated 10/18/12. CONDUCT A PUBLIC HEARING Ordinance No. _, an Ordinance relating to annexation and annexing certain real property to the City of Pasco. MOTION: I move to adopt Ordinance No. , annexing certain real property to the City of Pasco and, further, to authorize publication by summary only. -AND - Ordinance No. an Ordinance of the City of Pasco, Washington, assigning zoning to certain real property within the City of Pasco. MOTION: I move to adopt Ordinance No. establishing R -T Zoning for the Water Intake Annexation area as recommended by the Planning Commission and, further, to authorize publication by summary only. (c) 2012 Budget Supplement. 1. Agenda Report from Dunyele Mason, Finance Manager dated December 6, 2012. 2. Proposed Ordinance Amending the 2012 Operating Budget. 3. Proposed Ordinance Amending the 2012 Capital Improvements Projects Budget. 4. Proposed Resolution Authorizing Interfund Loans. 5. Memo from Financial Services Manager to City Manager. 6. Exhibit 1, 2012 Budget Supplement Worksheet. CONDUCT A PUBLIC HEARING Ordinance No. _, an Ordinance amending the 2012 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 No. amending the 2012 Operating Budget by providing a Revenue Supplement of $10,023,459 and an Expenditure Supplement thereto in the amount of $16,096,166 and, further, to authorize publication by summary only. -AND- Ordinance No. , an Ordinance relating to Budget for the Year 2012. MOTION: I move to adopt Ordinance No. Budget by providing an Expenditure Supplement further, to authorize publication by summary only. Supplemental Capital Improvement Projects amending the 2012 Capital Improvements thereto in the amount of $4,379,768 and, -AND - Resolution No. a Resolution authorizing Interfund Loans from the General Fund to other funds. MOTION: I move to approve Resolution No. _, authorizing temporary Interfund loans from the General Fund to the Economic Development Fund, the LID Debt Service Fund, the Community Development Grant Fund, Ambulance Fund and the General Construction Fund for a total amount of $2,190,000. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Ordinance No. an Ordinance Amending Title 12 of the Pasco Municipal Code, regarding Sidewalk Repair and Maintenance. 1. Agenda Report from Stan Strebel, Deputy City Manager dated December 3, 2012. 2. Proposed Ordinance. MOTION I . move to adopt Ordmance No. amending Title 12 of the Pasco Municipal Code regarding Sidewalk Repair and Maintenance and, further, to authorize publication by summary only. Regular Meeting 3 December 17, 2012 (b) Ordinance No, an Ordinance of the City of Pasco, Washington amending the Definitions of "Family or Household Member" in Chapter 9.06 of the Pasco Municipal Code. 1. Agenda Report from Stan Strebel, Deputy City Manager dated November 30, 2012, 2. RCW 26.50.010(2). 3. Proposed Ordinance. MOTION: I move to adopt Ordinance No. amending the definition of family or household members in Chapter 9.06 of the Pasco Municipal Code to be consistent with state law and, further, to authorize publication by summary only. (c) Resolution No. a Resolution of the City of Pasco, Washington, amending Resolution No. 3267 regarding Public Records Requests. 1. Agenda Report from Stan Strebel, Deputy City Manager dated December 3, 2012. 2. Washington Administrative Code 44 -14- 07003. 3. 2012 Copy Study. 4. Proposed Resolution. MOTION: I move to approve Resolution No. amending Resolution No. 3267 regarding Public Records Requests. 91 UNFINISHED BUSINESS: (a) 2013 Annual Operating and Capital Projects Budgets: 1. Agenda Report from Dunyele Mason, Finance Manager dated December 12, 2012. 2. Proposed 2013 Annual Operating Budget Ordinance. 3. Proposed 2013 Capital Projects Budget Ordinance. SECOND READING OF THE ORDINANCES Ordinance No. 4081, an Ordinance adopting the City of Pasco Operating Budget for the Year 2013. MOTION: I move to adopt Ordinance No. 4081, adopting the 2013 Annual Operating Budget and, further, to authorize publication by summary only. -AND - Ordinance No. 4082, an Ordinance adopting the City of Pasco Capital Projects Budget for the Year 2013. MOTION: I move to adopt Ordinance No. 4082, adopting the 2013 Capital Projects Budget and further, to authorize publication by summary only. 10. NEW BUSINESS: (a) Ambulance Service Contract with Fire District No. 3: 1. Agenda Report from Gary Crutchfield, City Manager dated December 14, 2012. 2. Addendum to Interlocal Cooperation Agreement. MOTION: I move to approve the Addendum to the Interlocal Cooperation Agreement and, further, authorize the Mayor to sign the Agreement. *(b) Financial Software Replacement Project: 1. Agenda Report from Dunyele Mason, Finance Manager dated December 12, 2012. 2. Financial System Procurement Memorandum. 3. Proposed Agreement (Council packets only; copy available for public review in the Finance Manager's office, the Pasco Library or on the City's webpage at www.pasco- wa.lZov/citycouncilreports . MOTION: I move to approve the Agreement with New World Systems authorizing professional services and acquisition of software licenses for financial, payroll, human resources and utility billing software systems not to exceed $596,000 and, further, authorize the City Manager to sign the Agreement. *(c) Boat Basin Marina Interim Agreement: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated December 11, 2012. 2. Proposed Interim Agreement. MOTION: I move to approve the Interim Agreement with Columbia Marine Center and, further, authorize the City Manager to sign the Agreement. Regular Meeting 4 December 17, 2012 *(d) Purchase and Sale Agreement: 5 Acres on East Broadway Street: I. Agenda Report from Gary Crutchfield, City Manager dated December 14, 2012. 2. Vicinity Map. 3. Site Location Map. 4. Proposed Purchase and Sale Agreement. MOTION: I move to ratify the Purchase and Sale Agreement dated December 12, 2012 with Conn and Lois Higley for five acres on East Broadway Street. *(e) Bargaining Unit Contract with LIXF, Local 1433: 1. Agenda Report from Lynne Jackson, Human Resources Manager dated December 13, 2012. 2. Proposed Collective Bargaining Agreement. 3. Memorandum of Agreement-"D" Shift. (Attachments are in Council packets only; copy available for public review in the Human Resources office, the Pasco Library or on the City's webpage at www.nasco- wa. gov /citycouncilreoorts.) MOTION: I move to approve the Collective Bargaining Agreement with the IAFF, Local 1433 and, further, authorize the Mayor to sign the Agreement. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) Litigation (b) (c) 13. ADJOURNMENT. TO Roll Call Vote Required * Item not previously discussed MF# "Master File #...." Q Quasi - Judicial Matter REMINDERS: 4:00 p.m., Monday, December 17, Ben - Franklin Transit Office — Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.) 2. 6:30 p.m., Monday, December 17, City Hall Conference Room #9 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 3. 7:30 a.m., Thursday, December 20, 7130 W. Grandridge Blvd — Tri- Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 4. 4:00 p.m., Thursday, December 20, 7130 W. Grandridge Blvd — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 5. 12:00 p.m., Wednesday, January 2, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 6. 5:30 p.m., Thursday, January 3, P &R Classroom — Parks & Recreation Advisory Board Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.) * * * * * City Hall will be closed on Monday and Tuesday, December 24 and 25 and Monday and Tuesday, December 31 and January 1 The first City Council meeting of the New Year will be held Monday, January 7, 2013 — 7:00 p.m. REGULAR MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL DECEMBER 3, 2012 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; Jim Raymond, Police Captain; Bob Gear, Fire Chief, Dunyele Mason, Financial Services Manager and Lynne Jackson, Human Resources 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 19, 2012. Minutes of the Special Pasco City Council Meeting dated November 26, 2012. (h) Bills and Communications: To approve General Claims in the amount of $819,373.52 ($122,608.34 in the form of Electronic Fund Transfer Nos. 12582, 12617 and 12649; and $696,765.18 in the form of Wire Transfer Nos. 1259, 1260, 1264, 1265 and 1266, and Claim Warrants numbered 190451 through 190626). To approve Payroll Claims in the amount of $2,950,095.22, Voucher Nos. 44994 through 45096 and 80210 through 80219; and EFT Deposit Nos. 30055545 through 30056379. (c) Interlocal Agreement for Emergency Management Services: To approve the Interlocal Agreement for Emergency Management Services and, further, authorize the Mayor to sign the agreement. (d) 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. Removed from Consent Agenda and moved to Item 10(b) — New Business. (e) Resolution No. 3443, a Resolution authorizing the sale of Police Department seizure /forfeiture vehicles considered surplus to City needs. To approve Resolution No. 3443, authorizing the sale of Police Department seizure /forfeiture vehicles considered surplus to City needs. (f) Right -of -Way Dedication for a Portion of West Court Street (MF# DEED2012 -005): To accept the deed from Moore's Real Estate Investments, LLC for a portion of right -of -way for West Court Street. MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 3, 2012 REPORTS FROM COMMITTEES AND /OR OFFICERS: Mayor Watkins and Mr. Crutchfield met with the 9th and 16th District State Legislators to apprise them of the City's legislative priorities. Mr. Larsen attended the Emergency Medical Services Board meeting. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 2013 Annual Operating and Capital Projects Budgets. Council and staff discussed the proposed budgets. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED OPERATING AND CAPITAL PROJECTS BUDGETS. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 4081, an Ordinance adopting the City of Pasco Operating Budget for the Year 2013, MOTION: Ms. Francik moved for the first reading of Ordinance No. 4081, for consideration of the 2013 Annual Operating Budget. Mr. Garrison seconded. Motion carried 5 -2. No — Hoffmann, Larsen. Ordinance No. 4082, an Ordinance adopting the City of Pasco Capital Projects Budget for the Year 2013, MOTION: Ms. Francik moved for the first reading of Ordinance No. 4082, for consideration of the 2013 Capital Projects Budget. Mr. Garrison seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Non - Represented Cost of Living Adjustment: Ordinance No. 4083, an Ordinance concerning wages for certain Non - Management, Non - Represented personnel for the calendar year 2013. MOTION: Ms. Francik moved to adopt Ordinance No. 4083, providing a cost -of- living adjustment in the non - represented, non - management wage plan beginning January 1, 2013 and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried 6 -1. No — Hoffmann. Ordinance No. 4084, an Ordinance concerning the salaries for Management positions for the calendar year 2013. MOTION: Ms. Francik moved to adopt Ordinance No. 4084, providing a cost -of- living adjustment in the management salary plan beginning January 1, 2013 and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried 5 -2. No — Hoffmann, Larsen. Ordinance No. 4085, an Ordinance of the City of Pasco, Washington amending PMC 11.02.050 "Notice of Civil Violation" and PMC 11.02.060 "Hearing Before the Code Enforcement Board" providing for Mandatory Appearance and Minimum Penalties for Repeat Violations. MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 3, 2012 MOTION: Ms. Francik moved to adopt Ordinance No. 4085, amending Section 11.02.050 and 11.02.060 of the Pasco Municipal Code and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Resolution No. 3444, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of a tutoring center. Council and staff discussed the details of the proposed special permit. MOTION: Ms. Francik moved to approve Resolution No. 3444, approving a special permit for a tutoring center at 117 South 3rd Avenue as recommended by the Planning Commission. Mr. Martinez seconded. Motion carried unanimously. NEW BUSINESS: Property Purchase Agreement: Council and staff discussed the proposed agreement. MOTION: Ms. Francik moved to approve the Real Estate Purchase Agreement with Old Standard Life Insurance Company, in Liquidation, and to ratify the City Manager's execution thereof. Mr. Garrison seconded. Motion carried 6 -1. No — Larsen. Federal Legislative Consulting Agreement: MOTION: Ms. Francik moved to approve the agreement with Gordon Thomas Honeywell Governmental Affairs for federal legislative consultant services and, further, authorize the City Manager to sign the agreement. Mr. Martinez seconded. Motion carried 6 -1. No - Larsen. MISCELLANEOUS DISCUSSION: Council and staff discussed the potential traffic impact of coal trains passing through the City. EXECUTIVE SESSION: Council adjourned to Executive Session at 7:50 p.m. for approximately 15 minutes to consider acquisition of Real Estate with the City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 8:00 p.m. and noted no action was taken during the executive session. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:00 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 17 th day of December, 2012. CITY OF PASCO Council Meeting of: December 17, 2012 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the /seyr .,ices rend the labor performed as described herein and that the claim is a just, due and unpaid obli do agai st the city and that we are authorized to authenticate and certify to said claim. Q Z�_ Dunyele Mason, Finance Services Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 17th day of December, 2012 that the merchandise or services hereinafter specified have been received: Check Numbers and 190627- 190860 In The Amount Of: $ 1,499,273.60 Electronic Funds Transfers: 1267,1270,1271 In The Amount Of: $ 148,912.26 Electronic Funds Transfers: 12663,12729,12765 (Journal Entries) 12784,12840,12879 Combined total of $1,648,185.86 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERALFUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental Library TOTAL GENERAL FUND: STREET ARTERIAL STREET STREET OVERLAY C. D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMNT LODGING LITTER CONTROL REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING ECONOMIC DEV & INFRASTRUCTURE STADIUM /CONVENTION CENTER GENERAL CAP PROJ CONSTRUCTION WATER /SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAUDENTAL INSURANCE CENTRALSTORES PAYROLL CLEARING LID CONSTRUCTION PUBLIC FACILITIES DIST TRI CITY ANIMAL CONTROL SENIOR CENTER ASSOCIATION GRAND TOTAL ALL FUNDS: 454,385.00 37,558.99 414.58 0.00 4,314.18 49.41 0.00 18,507.06 22,938.11 229.31 384,858.69 330,513.48 31,992.62 6,458.74 35023 $ 11648,185.86 3(b).1 AGENDA REPORT FOR: City Council DATE: December 12, 2012 TO: Gary Crutchfi pager REGULAR: December 17, 2012 Rick Terway, A inistr rve & Community Sery a ctor FROM: Dunyele Mason, Financial Services Manager SUBJECT: BAD DEBT WRITE -OFF'S /COLLECTION. I. REFERENCE (S): Write -off and collection lists are on file in the Finance Department. II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: III. IV 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 $159,280.59 and, of that amount, authorize $80,275.98 be turned over for collection. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write -offs are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non- criminal and criminal fines, and parking violations over 30 days past due. 4. 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 returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Utility Billing Ambulance Court A/R Code Enforcement Cemetery General Miscellaneous TOTAL: ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk Amount Direct Referred to Total Write -offs Collection Write -offs .00 .00 .00 78,954.61 5,866.98 849821.59 .00 71,185.00 719185.00 50.00 21811.00 2,861.00 .00 .00 .00 .00 53.00 53.00 .00 360.00 360.00 799004.61 809275.98 159,280.59 3(b).2 GENERAL FUND OPERATING STATEMENT THROUGH NOVEMBER 2012 ENDING FUND BALANCE TOTAL EXPEND & END FUND BAL AVAILABLE CASH BALANCE 9,968,636 6,762,489 40,884,275 42,314,656 9,447,124 PERCENTAGE OF BUDGET ALLOCATED FOR 11 MONTHS * $1,650,000 early pay -off 2002 LTGO ** Includes new (June 2012) Public Safety tax of $575,689 These statements are intended for Management use only. 92% 8,4472768 6,000,000 39,7659665 367371,124 11,474,695 6(b) YTD 2012 % OF YTD TOTAL % OF 2012 ORIGINAL ANNUAL 2011 2011 TOTAL ACTUAL BUDGET BUDGET ACTUAL BUDGET ACTUAL REVENUE SOURCES: TAXES: PROPERTY 6,119,674 61200,000 98.7% 5,909,306 6,000,000 98.5% SALES 8,655,264 ** 8,2653000 104.7% 82128,544 8,225,000 98.8% UTILITY 7,262,216 7,7512660 93.7% 7,162,315 7,560,000 94.7% OTHER 995,622 12035,000 96.2% 988,380 1,015,000 97.4% LICENSES & PERMITS 11522,631 1,093,700 139.2% 11531,013 1,0523650 145.4% INTERGOVT REVENUE 11620,130 1,679,700 96.5% 11826,346 1,6323200 111.9% CHARGES FOR SERVICES 31787,390 41531,330 83.6% 3,238,802 3,007,750 107.7% FINES & FORFEITS 772,963 977,200 79.1% 828,290 971,600 85.3% MISC. REVENUE 663,425 672,245 98.7% 708,564 634,200 111.7% OTHER FINANCING SOURCES 148,442 138,000 107.6% 29,806 100,000 29.8% TOTAL REVENUES 31,547,757 320343,835 97.5% 30,351,366 30,198,400 100.5% BEGINNING FUND BALANCE 9,336,518 6,762,489 9,414,299 6,0002118 TOTAL SOURCES 402884,275 39,106,324 104.5% 39,765,665 36,198,518 109.9% EXPENDITURES: CITY COUNCIL 103,390 118,807 87.0% 94,344 118,040 79.9% MUNICIPAL COURT 1,2152598 12335,634 91.0% 11118,170 1,275,150 87.7% CITY MANAGER 880,603 9512034 92.6% 814,336 915,410 89.0% POLICE 9,8152609 112449,715 85.7% 925643981 11,284,368 84.8% FIRE 31962,646 4,164,541 95.2% 32687,975 41193,418 87.9% ADMIN & COMMUNITY SVCS 51794,818 6,456,743 89.7% 52313,123 5,595,700 95.0% COMMUNITY DEVELOPMENT 11075,852 11208,878 89.0% 908,461 1,1012400 82.5% ENGINEERING 1,2442840 12514,469 82.2% 11164,755 11193,280 97.6% MISC. NON - DEPARTMENT 51770,921 * 7,203,966 80.1% 71567,774 32545,360 213.5% LIBRARY 1,051,362 1,148,380 91.6% 1,083,978 12148,880 94.4% TOTAL EXPENDITURES 302915,639 35,552,167 87.0% 31,317,897 30,371,006 103.1% ENDING FUND BALANCE TOTAL EXPEND & END FUND BAL AVAILABLE CASH BALANCE 9,968,636 6,762,489 40,884,275 42,314,656 9,447,124 PERCENTAGE OF BUDGET ALLOCATED FOR 11 MONTHS * $1,650,000 early pay -off 2002 LTGO ** Includes new (June 2012) Public Safety tax of $575,689 These statements are intended for Management use only. 92% 8,4472768 6,000,000 39,7659665 367371,124 11,474,695 6(b) AGENDA REPORT FOR: City Council December 3, 2012 TO: Gary Crutchfi Manager Workshop Mtg.: 12/10/12 Rick White, 1 Regular Mtg.: 12/17/12 Community & Iiconomic Development Directorl j FROM: David McDonald, City Planner SUBJECT: ANNEXATION: Commercial/Kahlotus (MF# ANX12 -0031 I. REFERENCE(S): A. Vicinity Map B. Proposed Annexation Ordinance C. Proposed Zoning Ordinance D. Planning Commission Report and Minutes dated: 11/15/12 IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/10: DISCUSSION: 12/17: COUNDUCT HEARING: MOTION A: I move to adopt Ordinance No. , an Ordinance annexing certain real property to the City of Pasco and, further authorize publication by summary only. MOTION B: I move to adopt Ordinance No. , an Ordinance establishing I -1 zoning for the Commercial/Kahlotus Annexation area as recommend by the Planning Commission and, further authorize publication by summary only. III. FISCAL IMPACT: The addition of $11,440,405 to the total assessed value of the city. IV. HISTORY AND FACTS BRIEF: A. On September 4, 2012, the City Council passed Resolution No. 3424 establishing an annexation boundary for the proposed Commercial/Kahlotus Annexation area. Following the passage of the resolution a 60% annexation petition was submitted to the City. B. The petition has been reviewed by the County Assessor and has been determined to be sufficient to constitute a legally acceptable petition under the 60% petition method of annexation. C. The next step in the annexation process requires the City Council to hold a public hearing on the proposed annexation. V. DISCUSSION: A. The proposed annexation Ordinance (Motion "A "), if adopted, will cause the area in question to be annexed to the City subject to the following conditions: 1. The Pasco Comprehensive Plan will continue to be applicable to the area. 2. The annexation area will not assume any existing bonded indebtedness. 3. The annexation area will be assigned to Voting District #1. B. The Planning Commission conducted a zoning determination hearing for the proposed annexation area on November 15, 2012 and recommended the area be zoned I -1 (Light Industrial). Motion `B" will establish I -1 zoning for the annexation area.. 7(a) WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3`d Pasco, WA 99301 ORDINANCE NO, AN ORDINANCE relating to annexation and annexing certain real property to the City of Pasco. WHEREAS, the City Council of the City of Pasco has declared, its intent to annex the following described territory to the City of Pasco pursuant to RCW Chapter 35A.14; and WHEREAS, notice of the public hearing on the proposed annexation has been published and posted as required by law; and, WHEREAS, a public hearing on the proposed annexation was held on December 17, 2012; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to- wit: Beginning at the intersection of the north right -of -way line of SR -12 and the east line of Section 34, Township 9 North, Range 30 East, W.M. said point being the True Point of Beginning; Thence northerly, along the said east line, to the northeast corner of said Section 34; Thence northerly, along the east line of Section 27, Township 9 North, Range 30 East, W.M. to the northeast corner of said Section 27; Thence westerly, along the north line of said Section 27, to the west right -of- way line of Commercial Avenue; Thence northerly, along a line parallel with the east line of the southwest quarter of Section 22, Township 9 North, Range 30 East, W. M. to the north right -of -way line of Pasco - Kahlotus Road; Thence northeasterly, along said north right -of -way line to the east line of southwest quarter of said Section 22; Thence northerly, along said east line, to the intersection of said east line with the southerly line of the parcel of land shown on Record of Survey filed for record in the office of the Franklin County Auditor under Fee Number 448594; Thence northwesterly along the southerly and westerly line of said parcel of land, to the north line of the southwest quarter of said Section 22; Thence westerly, along the north line of said southwest quarter to the east right -of -way line of Dietrich Road; Thence southerly along said east right -of- way line to the southwest corner of the parcel of land shown on Record of Survey filed for record in the office of the Franklin County Auditor under Fee Number 1598719, said corner being 302.36 feet southerly of the centerline of Commercial Avenue; Thence southerly to the north line of said Section 27 and continuing southerly to the intersection with the northerly right -of -way line of SR- 12; Thence southeasterly along said right -of -way to the True Point of Beginning; as depicted in the map attached hereto and labeled Exhibit "I" and the same is hereby annexed to the City of Pasco and is hereby declared to be within the corporate limits of the City of Pasco. Section 2. That the Comprehensive Plan of the City of Pasco be and the same is hereby adopted for the above described tract of land. Section 3. That said tract of land shall not assume any portion of the existing bonded indebtedness of the City of Pasco. Section 4. That said tract of land shall be in Voting District # 1. Section 5. That a certified copy of this ordinance be and the same shall be filed with the Franklin County Commissioners. Section 6. This ordinance shall be in full force and effect on February 1, 2013. PASSED by the City Council of the City of Pasco this 17th day of December 2012. Matt Watkins, Mayor ATTEST: Debra Clark, City C -2- APPROVED AS TO FORM Leland B. Kerr, City Attorney Item$ Commercial/Kahlotus Exhibit Applicant: (Multiple Owners #1 File #: ANX 2012 -003 Annexation Area I_JC! I-ju r �. ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, assigning zoning to certain real property within the City of Pasco. WHEREAS, on November 15, 2012, the Planning Commission of the City of Pasco conducted a public hearing to develop a recommendation for the assignment of zoning to certain property; in the event the property was incorporated within the City; and WHEREAS, on December 17, 2012, Ordinance No. effectively annexed certain real property to the City of Pasco; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to -wit: Beginning at the intersection of the north right -of -way line of SR -12 and the east line of Section 34, Township 9 North, Range 30 East, W.M. said point being the True Point of Beginning; Thence northerly, along the said east line, to the northeast corner of said Section 34; Thence northerly, along the east line of Section 27, Township 9 North, Range 30 East, W.M. to the northeast corner of said Section 27; Thence westerly, along the north line of said Section 27, to the west right -of -way line of Commercial Avenue; Thence northerly, along a line parallel with the east line of the southwest quarter of Section 22, Township 9 North, Range 30 East, W. M. to the north right - of -way line of Pasco - Kahlotus Road; Thence northeasterly, along said north right -of -way line to the east line of southwest quarter of said Section 22; Thence northerly, along said east line, to the intersection of said east line with the southerly line of the parcel of land shown on Record of Survey filed for record in the office of the Franklin County Auditor under Fee Number 448594; Thence northwesterly along the southerly and westerly line of said parcel of land, to the north line of the southwest quarter of said Section 22; Thence westerly, along the north line of said southwest quarter to the east right -of -way line of Dietrich Road; Thence southerly along said east right -of -way line to the southwest corner of the parcel of land shown on Record of Survey filed for record in the office of the Franklin County Auditor under Fee Number 1598719, said corner being 302.36 feet southerly of the centerline of Commercial Avenue; Thence southerly to the north line of said Section 27 and continuing southerly to the intersection with the northerly right -of -way line of SR -12; Thence southeasterly along said right -of -way to the True Point of Beginning; as depicted in the map attached hereto and labeled Exhibit No. "I" be and the same is hereby assigned I- I(Light Industrial) zoning. Section 2. That any and all zoning maps be and the same are hereby amended to conform to the aforesaid assignment of zoning. Section 3. This ordinance shall be in full force and effect on February 1, 2013. PASSED by the City Council of the City of Pasco this 17 °i day of December, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney Item: Commercial /Kahlotus Annexation Exhibit Applicant: (Multiple Owners) N #1 File #: ANX 2012 -003 Annexation Area LJ IID DU i ti, REPORT TO PLANNING MASTER FILE NO: (MF# ZD2012 -003) APPLICANT: City of Pasco ACTION DATE: 11/ 15/2012 PO Box 293 Pasco, WA 99301 BACKGROUND REQUEST: Develop zoning recommendation for the Commercial/ Kahlotus Annexation Area. 1) AREA ID: Area Size # of Dwellings Population Commercial/ Kahlotus 546 acres 2 6 2) UTILITIES: A water main extends southerly in Commercial Avenue approximately 1,000 feet south of Kahlotus Highway. There is also a water line at the south end of Commercial Avenue extending westerly under SR 12. In 2010 the City completed a sewer line boring under SR 12 to bring sewer to the proposed annexation area. The city has undertaken considerable utility planning for the area and has ear marked several million dollars of infrastructure improvements for the area within the Capital Improvement Plan. 3) LAND USE AND ZONING: The proposed annexation area is currently zoned I -2 Medium Industrial (454 acres) and I -3 Heavy Industrial (92 acres) under the County zoning regulations. The County does not have an I -1 Light Industrial District. 4) COMPREHENSIVE PLAN: The Comprehensive Plan designates the proposed annexation area for industrial land uses. 5) ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non - Significance (DNS) has been issued for this project under WAC 197 -11 -158. ANALYSIS On October 4, 2012 the City Council approved Resolution 3424 accepting a Notice of Intent to commence annexation proceedings for a 546 acre area generally located east of SR -12 north and south of the Kahlotus Highway. Following acceptance of the Notice of Intent and prior to Council action on an annexation petition, the Planning Commission is to hold a zoning determination hearing. The purpose of said hearing is for the Planning 1 Commission to recommend appropriate zoning districts for the proposed annexation area in the event it may become part of the City. In determining the most appropriate zoning for the annexation area, the Planning Commission needs to consider the existing land uses, nearby development, zoning, policies of the Comprehensive Plan and the Land Use Designations of the Land Use Map. The Planning Commission also needs to be guided by the criteria in PMC 25.88.060 (as discussed below) in developing a zoning recommendation. The annexation area contains a mix of land uses ranging from farm fields to food processing plants. Three hundred and seventy -one acres (371) are currently devoted to farming while 120 acres are developed for industrial uses. The remaining acreage contains the Lewis Street Interchange and other streets, a storm water pond and two houses. The Comprehensive Plan designates the entire annexation area for industrial uses. The purpose of the annexation is to assist with the expansion of industrial businesses within the area. To support that effort the City completed a major boring under SR -12 in 2010 at a cost of $600,000. The boring contains four pipes to provide both water and sewer to the annexation area. Future planning includes extension of 12 and 16 inch water lines into the annexation area and extension of sewer lines. Land has already been provided within the annexation area for a sewer lift station to serve current and future industrial needs. The new sewer lift station along with the other planned utility improvements will provide service to about 2,000 acres of land on the east side of SR -12. These planned utility improvements will provide an efficient and cost - effective way for the food processors in the area to provide for their waste water and production water needs. These improvements will also enable expansion of the food processing plants within the annexation area and development of other related facilities. To maintain consistency with current zoning, land uses, utility planning and the Comprehensive Plan industrial zoning should be applied to the proposed annexation area. The use of the I -1 Light Industrial zone for the area will continue to permit existing industrial development and allow for future expansion of industrial enterprises. The initial review criteria for considering a rezone application are explained in PMC 25.88.030. The criteria are listed below as follows: 051 1. The changed conditions in the vicinity which warrant other or additional zoning: • The property is located within the Pasco Urban Growth Boundary. • The property in question is being annexed to the City of Pasco. • Upon annexation the property will need to be zoned. • Considerable utility planning has taken place to support existing and future industrial development within the proposed annexation area. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. The property is being annexed to the City and will need to be zoned. The justification for the rezone is the fact that if a zoning designation is not determined the property could become annexed without zoning. For the advancement of the general welfare of the community the property needs to be zoned. 3. The effect rezoning will have on the nature and value of adjoining property and the Comprehensive Plan. Rezoning the property to I -1 will maintain the status quo for the neighborhood. The nature and value of adjoining properties will not be impacted by retaining industrial zoning in the area. 4. The effect on the property owners or owner of the request is not granted. Without the annexation area being assigned a specific zoning district, the area will essentially be un -zoned upon annexation. The area needs to be zoned to provide certainty and benefit to the property owners and the adjoining property owners. 5. The Comprehensive Plan land use designation for the property. The Comprehensive Plan designates the site for industrial development. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is within the Pasco Urban Growth Boundary. 2) The Urban Growth Boundary was established by Franklin County in 1994. 3) The property is being proposed for annexation by the end of 2012. 3 4) The annexation area is identified in the Comprehensive Plan for industrial uses. 5) Properties to the west, in the City, are zoned C -3 and I -1 with a small area zoned RT. 6) The annexation area contains trucking firms, an oil distribution facility, two food processing plants, warehouses, the BPA substation, two houses and a number of farm fields. 7) The current Franklin County zoning for the site is 1 -2 and I -3. 8) The County does not have I -1 zoning. 9) I -3 zoning within the City is reserved for the Big Pasco Port area only. 10) 1 -1 zoning permits the location of trucking firms, food processing plants, warehousing, power stations and similar uses. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.88.060 and determine whether or not: (1) The proposal is in accord with the goals and policies of the Comprehensive Plan. Zoning the properties to reflect the land use designations in the Comprehensive Plan will cause the proposal to be in accord with the Plan. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. Retaining the industrial zoning on the property will have no material impact on surrounding properties. (3) There is merit and value in the proposal for the community as a whole. It is in the best interest of the community and neighborhood to have the annexation area zoned to be consistent with the Comprehensive Plan and with the current uses. Without zoning, the value and character of the neighborhood would not be protected or maintained. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. I -1 zoning would mitigate the impacts of the property not being zoned and therefore no conditions are needed. 0 (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. STAFF RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the November 15, 2012 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council zone the Commercial Kahlotus Annexation Area I -1 Light Industrial upon annexation. 5 Vicinity Item: Commercial/Kahlotus Applicant: City of Pasco N Map File #: ZD 2012 -003 � � I i Ass \^ J' � a ^� t • � I �I F� 3� SITE F 4 •' 1 471.11 t 7v. PIN Zi i Vj Legend City Limits I O Si s -CIRGL ANX 2012 -003 Commercial /Kahlotus —tl * ,lX ,w.^ � � I i Ass \^ J' � a ^� t • � I �I F� 3� SITE F 4 •' 1 471.11 t 7v. PIN Zi i Vj Legend City Limits I O Si s -CIRGL ANX 2012 -003 Commercial /Kahlotus —tl * ,lX z i o _ L U Q d✓: O ~6 s�YOZ� L Lon mw LM um CD LM T t 37 .. o U= `✓ l/ ��� W L 1. 1 n • r� v�, �oaod^a� :.wav'e, s o � � � � d 0 O00 03O F 3Atl tlY03] O 2 4 NM S 3AVOWH wC C) MH a1.J -tlH W 5 S AY 31gWYJAS' t O � � rues .. s d NN N pO JA 3AY W,3 J .0 N C/1 o 3) F � 5 w H3MO U Q r ca 0 32 yv V � 3I HW g w 6 3AV H]338 O 3AY H]33B £ H3M O O aA O H� y 3nv owJ snwH] Y �Yi L ` PV£ . Gggg �s20 V JE bt 2 r, j1t . . Y z 0 U N O O �o cN N U • . /• •• rm^ , MIS/ N o� N � a° Tom oAQ:. 0 — 03" Tom \Yb3baNtl U N CCO O PE N WY M V 1 IN a TOM go 3AY tlYU3'J F N my nH NY 3tlOWY7As t 3Atl Wl3 [ 3.AV sMnw VH o 0 �... iv H0339 - y GSj� O , �'JtlNl�ltl TOM 5 t 3AY Stl1'Jf10 F N 5 3AYHJ338` o 3Atl NIlM1 N O S � 3 O t Y f6 O 0 N N 0 J U Q Planning Commission Minutes 11/15/12 E. Zoning Determination Zoning determination of an unincorporated property located at Kahlotus Hwy /Commercial Ave (MF# ZD 2012 -0031 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, explained the proposal to annex approximately 546 acres of land located east of SR 12 on the north and south side of the Kahlotus Highway. Property owners are currently are currently working on a petition for the annexation. Part of the annexation process requires the Planning Commission to develop a recommendation for the City Council for zoning in the event the properties in question become annexed to the City. Staff is anticipating annexation by the end of 2012 or January 2013. Mr. McDonald explained the Planning Commission needed to consider the comprehensive plan designations, the policies of the plan, current land use, current County zoning when developing a recommendation for zoning. The current zoning of the proposed properties is split between two different County Zoning Districts; the I -3 (Heavy Industrial) and 1 -2 (Medium Industrial) Districts. Most of the properties within this area are developed for industrial uses, more in line with I -1 zoning rather than 1 -2 or 1 -3. The County does not have an I -1 Zoning District. In the City's zoning regulations the I -3 Zoning District is set aside specifically for the Port of Pasco which is the only area that can be zoned I -3. The difference between I -1 and 1 -2 is that the I- 2 District allows salvage yards and junk yards without any restrictions other than the development standards in the zoning code. The 1 -2 District also permits some enhanced food processing relating to the rendering of meats, fats and oils. The current uses in the proposed area are mainly I -1 District type of uses. There are two food processors, a large substation owned by Bonneville Power, there are a number of trucking firms, a small fertilizer/ bio- chemical company that provides services to the agriculture industry, three potato shed warehouses and a couple of homes. Staff recommended 1 -1 zoning for the area, which would allow current uses to continue and existing uses would be able to expand. Chairman Cruz agreed with staff that the area should be zoned as I -1 (Light Industrial). The fellow commissioners agreed. The public hearing was opened but with no questions or comments it closed. Mr. McDonald also added that he and Rick White, Community & Economic Development Director, met with property owners to go over any zoning questions with them and as far as staff was are aware there were no objections to the Industrial Zoning being proposed. Staff does not see the proposed zoning disrupting any of the current uses. Commissioner Greenaway moved, seconded by Commissioner Khan, to adopt the findings of fact as contained in the November 15, 2012 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Kempf, based on the findings of fact as adopted, the Planning Commission recommend the City Council zone the Commercial /Kahlotus Annexation Area, I -1 (Light Industrial) upon annexation. The motion passed unanimously. FOR: TO: FROM: SUBJECT: II. AGENDA REPORT City Council Gary Crutchfield; M ger Rick White, Community & Economic elopment Director i; ei4S David McDonald, City Planner ANNEXATION Water Intake Property (MF# ANX12 -006) REFERENCE(S): A. Vicinity Map B. Proposed Annexation Ordinance C. Proposed Zoning Ordinance D. Planning Commission Report and Minutes dated: 10/18/12. December 3, 2012 Workshop: 12/10/12 Regular Mtg.: 12/17/12 ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/10: DISCUSSION: 12/17: COUNDUCT HEARING: MOTION A: I move to adopt Ordinance No. certain real property to the City publication by summary only. MOTION B: I move to adopt Ordinance No. _ R -T zoning for the Water Intake Ar Planning Commission and, further only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: an Ordinance annexing of Pasco and, further authorize an Ordinance establishing nexation area as recommend by the authorize publication by summary A. In August of this year the City purchased a small parcel of land directly west of the 1 -182 Bridge in the 11400 block of West Court Street. The property was purchased to accommodate piping and other equipment for a new water intake facility to be located in the Columbia River. B. On October I, 2012, the City Council passed Resolution No. 3430 establishing an annexation boundary for the proposed Water Intake property. Following the passage of the resolution a 60% annexation petition was submitted to the City. C. The petition has been reviewed by the County Assessor and has been determined to be sufficient to constitute a legally acceptable petition under the 60% petition method of annexation. D. The next step in the annexation process requires the City Council to hold a public hearing on the proposed annexation. V. DISCUSSION: A. The proposed annexation Ordinance (Motion "A "), if adopted, will cause the area in question to be annexed to the City subject to the following conditions: 1. The Pasco Comprehensive Plan will continue to be applicable to the area. 2. The annexation area will not assume any existing bonded indebtedness. 3. The annexation area will be assigned to Voting District #5. B. The Planning Commission conducted a zoning determination hearing for the proposed annexation area on October 18, 2012 and recommended the area be zoned R -T (Residential Transition). Motion `B" will establish R -T zoning for the area. 7(b) WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North P Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE relating to annexation and annexing certain real property to the City of Pasco. WHEREAS, the City Council of the City of Pasco has declared, its intent to annex the following described territory to the City of Pasco pursuant to RCW Chapter 35A.14; and WHEREAS, notice of the public hearing on the proposed annexation has been published and posted as required by law; and, WHEREAS, a public hearing on the proposed annexation was held on December 17, 2012; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to- wit: Beginning at the southwesterly corner of Lot 11, Harris Subdivision said corner being the True Point of Beginning; Thence southwesterly along the southwesterly projection of the westerly line of said Lot 11, to the intersection with the existing City Limit line; Thence northeasterly along said City Limit line to the intersection with the northerly right -of -way line of West Court Street; Thence northwesterly along said northerly right -of -way line to the intersection with the northeasterly projection of the westerly line of said Lot 11; Thence southwesterly along said projected line to the southerly right -of -way line of West Court Street; Thence continuing southwesterly along the westerly line of said Lot 11, to the True Point of Beginning; as depicted in the map attached hereto and labeled Exhibit "1" and the same is hereby annexed to the City of Pasco and is hereby declared to be within the corporate limits of the City of Pasco. Section 2. That the Comprehensive Plan of the City of Pasco be and the same is hereby adopted for the above described tract of land. Section 3. That said tract of land shall not assume any portion of the existing bonded indebtedness of the City of Pasco. Section 4. That said tract of land shall be in Voting District # 5. Section 5. That a certified copy of this ordinance be and the same shall be filed with the Franklin County Commissioners. Section 6. This ordinance shall be in full force and effect on December 31, 2012. PASSED by the City Council of the City of Pasco this 17th day of December 2012. Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk -2- APPROVED AS TO FORM Leland B. Kerr, City Attorney ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, assigning zoning to certain real property within the City of Pasco. WHEREAS, on October 18, 2012, the Planning Commission of the City of Pasco conducted a public hearing to develop a recommendation for the assignment of zoning to certain property; in the event the property was incorporated within the City; and WHEREAS, on December 17, 2012, Ordinance No. , effectively annexed certain real property to the City of Pasco; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to -wit: Beginning at the southwesterly corner of Lot 11, Harris Subdivision said corner being the True Point of Beginning; Thence southwesterly along the southwesterly projection of the westerly line of said Lot 11, to the intersection with the existing City Limit line; Thence northeasterly along said City Limit line to the intersection with the northerly right -of -way line of West Court Street; Thence northwesterly along said northerly right -of -way line to the intersection with the northeasterly projection of the westerly line of said Lot 11; Thence southwesterly along said projected line to the southerly right -of -way line of West Court Street; Thence continuing southwesterly along the westerly line of said Lot 11, to the True Point of Beginning; as depicted in the map attached hereto and labeled Exhibit No. "1" be and the same is hereby assigned R -T (Residential Transition) zoning. Section 2. That any and all zoning maps be and the same are hereby amended to conform to the aforesaid assignment of zoning. Section 3. This ordinance shall be in full force and effect on December 31, 2012. PASSED by the City Council of the City of Pasco this 17`h day of December, 2012. Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney REPORT TO PLANNING COMMISSIONER MASTER FILE NO: (MF# ZD2012 -002) APPLICANT: City of Pasco ACTION DATE: 10/ 18/2012 PO Box 293 Pasco, WA 99301 REQUEST: Develop zoning recommendation for the Water Intake property Annexation Area on West Court Street. 1) AREA ID: Area Size # of Dwellings Population Water Intake Property 21,004 sq. ft. 0 0 2) UTILITIES: The Court Street sewer interceptor terminates at the current city limits on Court Street. The city water main that provides service to Shoreline Estates is located on Court Street. 3) LAND USE AND ZONING: The proposed annexation area is currently zoned R -T under the County zoning regulations and was used for growing vegetables. The lot is 12,427 square feet and adjoining right -of -way and shoreline area add another 8,577 square feet to the annexation area. Properties to the west and north are zoned RT in the County. Properties down river along West Court Street are in the City and zoned R -S -20. 4) COMPREHENSIVE PLAN: The Comprehensive Plan designates the proposed annexation area for low density residential development. 5) ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non - Significance (DNS) has been issued for this project under WAC 197 -11 -158. ANALYSIS In August of this year the City purchased a small parcel of land (12,427 sq. ft.) directly west of the I -182 Bridge. The property was purchased to accommodate piping and other equipment for a new water intake facility to be located in the Columbia River. The property was originally part of the Harris Family Farm established in the 1940's and has been used primarily for the production of vegetables. In determining the most appropriate zoning for the annexation area the Planning Commission needs to consider the existing land uses, nearby development, zoning, policies of the Comprehensive Plan and the land use designations of the land use map. The Planning Commission also needs to be guided by the criteria in PMC 25.88.060 (as discussed below) in developing a zoning recommendation. The general area around the proposed annexation site can be characterized primarily as a suburban agricultural area with pockets of low- density residential single - family development. The bulk of the Harris Farm is located on the north side of Court Street. There are three single - family homes on the parcels directly upriver from the water intake parcel. Downstream from the site, south of the I -182 Bridge, are a number of single - family homes on lots ranging in size from 15,000- 18,000 square feet. The new city water treatment plant is located on the north side of Court Street to the south of the I -182 freeway. The Harris Farm and associated property is zoned RT in the County. The properties in the City south of the I -182 Bridge are zoned R -S -20 and the water treatment plant is zoned R -S -12. To maintain consistency with nearby development patterns and the Comprehensive Plan, the most appropriate zoning would be a suburban zoning district (RT, R -S -20 or R -S- 12). The water intake facility will not be impacted by the establishment of a zoning district on the property because the proposed facility will require a special permit regardless of what zoning is chosen. Because most of the Harris properties north of the I -182 Bridge are currently zoned RT, it may be appropriate to continue with the RT zoning on the intake property upon annexation. The RT zoning could then remain on the property until the Harris Farm is annexed. The initial review criteria for considering a rezone application are explained in PMC 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: • The property is located within the Pasco Urban Growth Boundary. • The property in question is being annexed to the City of Pasco. Conditions have changed little in the neighborhood in the last few years. The major change is the annexation of the parcel in question. Upon annexation the property will need to be zoned. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. The property is being annexed to the City and will need to be zoned. The justification for the rezone is the fact that if a zoning designation is not determined the property could become annexed without a zone. For the advancement of the general welfare of the community the property needs to be zoned. 3. The effect rezoning will have on the nature and value of adjoining property and the Comprehensive Plan. Rezoning the property to RT will maintain the status quo for the neighborhood. The nature and value of adjoining properties will not be impacted by retaining the RT zoning. 4. The effect on the property owners or owner of the request is not granted. Without the annexation area being assigned a specific zoning district, the area will essentially be un -zoned upon annexation. The area needs to be zoned for the benefit of the owner (City of Pasco) and adjoining property owners. 5. The Comprehensive Plan land use designation for the property. The Comprehensive Plan designates the site for low- density residential development. Utility Goal, UT -1, of the Plan suggests the City should ensure adequate utility service is provided within the UGA to accommodate anticipated growth. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is within the Pasco Urban Growth Boundary. 2) The Urban Growth Boundary was established by Franklin County in 1994. 3) The property is being proposed for annexation by the end of 2012. 4) The annexation area is identified in the Comprehensive Plan for low- density residential uses. 5) Properties to the north and west are zoned RT. 6) According to the Franklin County Assessor's records (October 2012), the property values for lots in Rivershore Estates adjacent to RT zoning on the Harris Farm have increased over the past four years. 7) The current Franklin County zoning for the site and adjoining properties north of the I -182 Bridge is RT. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.88.060 and determine whether or not: (1) The proposal is in accord with the goals and policies of the Comprehensive Plan. The Comprehensive Plan encourages the development of utility services to accommodate anticipated growth within the UGA (UT -1). The property being annexed will be used specifically for enhancing the City's utility system for current and future growth. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. Retaining the RT zoning on the property will have no material impact on surrounding properties. (3) There is merit and value in the proposal for the community as a whole. It is in the best interest of the community and neighborhood to have the annexation area zoned to match surrounding properties. Without zoning, the value and character of the neighborhood would not be protected or maintained. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. RT zoning would mitigate the impacts of the property not being zoned and therefore no conditions are needed. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. STAFF RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the October 18, 2012 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council zone the Water Intake Annexation Area to R -T. i O �o ct P014 n� ON N �N a D LL G� V Cl cp c C CD ++ C ~ �O �J •yo- �J L U) D in LL cn 0 o a N b.p� O N cN b�A o N H � O V O N Cl) OC -, cn N \� C6 Ali N �o Planning Commission Minutes 10/18/12 D. Zoning Determination Zoning Determination of unincorporated property located at I -182 Water Intake Facility IMF# ZD2012 -0021 Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the zoning determination of unincorporated property located at the I -182 Water Intake Facility. The City Council recently passed a resolution that accepted a notice of intent to annex a small piece of property just northerly of the Pasco /Richland Bridge along Court Street. This is a small property that the City recently purchased that is needed for water intake facilities for the City's water work system. That property will most likely be annexed by the end of the year. Zoning designation needs to be applied to that property prior to annexation. The property is all located north of 1 -182. In the county it is currently zoned RT (Residential Transition). Staff is recommending that it remain zoned as RT at the present time to match the County. In the future it will mostly likely be rezoned. There will also need to be a shoreline permit application and perhaps a special permit for the facilities that will be located on this lot, whether it is zoned RS -20 or RT. Steven Schlegel, 9304 W. Richardson Road, asked for clarification on the possible zoning change and what the plans are by the City for that property. Mr. McDonald answered that the City is planning to expand the ability of withdrawing water from the river for the City water system. The City already has an intake pump and facility under the bridge and it needs to be enhanced and enlarged. A number of pipes will need to be run from the river up to Court Street and then down to the water plant. To be able to control what happens to that property the City needs to annex it. Once it is annexed and the proper permits are obtained, the Public Works Department will then contract to have the equipment installed. Mr. Schlegel asked for clarification on the location of the water intake and the location of the lot. Mr. McDonald answered that the water intake itself will be in the river but the piping to carry the water from the water intake facility will be underground through the proposed site. Mr. Schlegel asked if the Planning Commission knew the property was included in the incorporation petition that the County has received and have certified that there are an adequate amount of signatures for a vote and that it cannot be annexed without a vote. Rick White, Community 8s Economic Development Director, stated that is incorrect. The annexation petition was filed October 3, 2012. The state law regarding incorporation and annexation gives an adjacent city 90 days from the filing of the petition to initiate annexation efforts for any property contained within the incorporation petition. Essentially, Pasco has 90 days from October 3, 2012 to initiate annexation. The reason the Planning Commission is considering zoning designation is because that needs to be determined prior to annexation. With no further questions or comments the public hearing was closed. Commissioner Levin moved, seconded by Commissioner Khan, to adopt the findings of fact as contained in the October 18, 2012 staff report. The motion passed unanimously. Commissioner Levin moved, seconded by Commissioner Anderson, based on findings of fact as adopted, the Planning Commission recommend the City Council zone the Water Intake Annexation Area to R -T. The motion passed unanimously. AGENDA REPORT FOR: City Council TO: Gary Crutc e 4anager FROM: Dunyele Mason, Financial Services Manager SUBJECT: 2012 BUDGET SUPPLEMENT I. REFERENCE(S): December 6, 2012 Workshop Meeting: 12/10/12 Regular Meeting: 12/17/12 A) Proposed ordinance amending the 2012 Operating Budget B) Proposed ordinance amending the 2012 Capital Improvements Projects Budget C) Proposed resolution authorizing Interfund Loans D) Memo from Financial Services Manager to City Manager E) Exhibit 1 — 2012 Budget Supplement Worksheet II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: December 10: Discussion December 17: Public Hearing MOTION: I move to adopt Ordinance No. amending the 2012 Operating Budget by providing a Revenue Supplement of $10,023,459 and an Expenditure Supplement thereto in the amount of $16,096,166 and to authorize publication by summary only. MOTION: I move to adopt Ordinance No. amending the 2012 Capital Improvements Budget by providing an Expenditure Supplement thereto in the amount of $4,379,768 and to authorize the publication by summary only. MOTION: I move to approve Resolution No. authorizing temporary inter - fund loans from the General Fund to the Economic Development Fund, the LID Debt Service Fund, the Community Development Grant Fund, Ambulance Fund and the General Construction Fund for a total amount of $29190,000. III. FISCAL IMPACT: See attached Exhibit 1 — 2012 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 2012 Budget preparation. Resources for the expenditures are: 1. 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. 7(c) ORDINANCE NO. AN ORDINANCE AMENDING THE 2012 ANNUAL OPERTING BUDGET OF THE CITY OF PASCO BY PROVIDING SUPPLEMENT THERETO; BY APPROPRIATING REVENUE RECEIVED IN EXCESS OF ESTIMATED REVENUES FOR THE CURRENT YEAR AND BY PROVIDING TRANSFERS AND ADJUSTMENT AUTHORITY. WHEREAS, staff has identified the need to make certain revisions to the 2012 Annual Operating budget originally adopted through Ordinance No. 4208 on December 19, 2011, and WHEREAS, a Public Hearing has been held subsequent to due notice, and the City Council has, after consideration, deemed the proposed Supplement to the Annual Operating Budget necessary and appropriate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §l. Pursuant to RCW 35A.33.120, the 2012 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 REVENUES EXPENSES GENERAL FUND 2,4071004 3,377,001 ARTERIAL STREET FUND 150,000 246,049 1 -182 Cooridor Traffic Impact 105,087 40,907 STREET OVERLAY - 34,252 CD GRANT FUND 4417172 591,172 AMBULANCE FUND 860,100 5210000 CEMETERY FUND 23,000 23,000 BOULEVARD MAINTENANCE FUND 44,000 44,000 GOLF COURSE FUND 248,000 359,285 SENIOR CENTER FUND 50,000 47,000 SCHOOL IMPACT FEE FUND 920,000 920,000 RIVERSHORE TRAIL & MARINA 20,000 25,000 REVOLVING ABATEMENT FUND - 30,000 TRAC DEVELOP & OPERATING FUND - 10,000 CAPITAL IMPROVEMENT FUND - 153,913 ECONOMIC DEVELOPMENT - 1,9181241 STADIUM /CONVENTION CENTER FUND 22,000 97,789 LID DEBT FUND 515,944 515,944 GENERAL CONSTRUCTION FUND 2,470,411 11176,321 WATER /SEWER UTILITY FUND 11507,741 4,7181462 FUND GOVT EQUIPMENT REPLACEMENT FUND MEDICAL /DENTAL FUND TOTAL CITY WIDE OPERATING BUDGET REVENUES EXPENSES 239,000 627,330 619,500 10p()23,459 16,096,166 The above items are shown as revenues and appropriations to specific budgets and items within budgets in the attachment marked "Exhibit 1 — 2012 budget Supplement" the Expenditure/Revenue detail, which is incorporated herein as though fully set forth. §2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above and in the Exhibit and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provisions of this Ordinance. §3. This Ordinance shall take effect five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, on this 17th day of December, 2012. City of Pasco: Matt Watkins, Mayor Attest: Debra Clark, City Clerk Approved As To Form: Leland B. Kerr, City Attorney ORDINANCE NO, AN ORDINANCE RELATING TO SUPPLEMENTAL CAPITAL IMPROVEMENT PROJECTS BUDGET FOR THE YEAR 2012. WHEREAS, staff has identified the need to make certain revisions to the 2012 Capital Improvement budget originally adopted through Ordinance No. 4209 on December 19, 2011, and WHEREAS during the year 2012 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 necessary and appropriated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §l. The following capital improvement projects hereby authorized, budgets amended and projects closed as detailed below: Project Descri to ion NEW 2012 PROJECTS Muni Courthouse Prep Street Oregon Ave (SR397) -Phase I Oregon Ave (SR397) - Phase 2 LID# 149 Kurtzman - STREETS Interconnect Road 68 Signals 4th Ave Block Wall Broadmoor Transmission Waterline Commercial & Kahlotus Swr Ext - South Road 44 Sewer Odor Control LID#149 Kurtzman - STORM LID# Riverview Estate Stormwater PWRF Plant Expansion, Phase 1 PWRF Plant Expansion, Phase 2 Linda Loviisa Well Rehabilitation Current Change In New Total Authori Authori Authori 753,234 753,234 105,300 105,300 2305400 303400 1949560 94,560 5865237 586,237 20,000 20,000 1,500 . 1,500 76,300 76,300 65,675 655675 65000 6,000 45,000 45,000 1000 10,000 5729781 5725781 1235000 123,000 1229339 1229339 Total New 2012 Projects 2,912,326 2,912,326 Project Description Current Change In New Total Authori Authori Authori 4th Ave South Street Improve 1,200,000 153,913 1,3533913 Powerline Road 65,000 40,907 105,907 2011 Filtrat Plant Improv (Storage Bldg) 100,000 5,300 105,300 Water Line Replace - Road 56 (Court & Sylvester) 204,000 121,600 3255600 2010 WWTP Improvement (f/k/a 3rd Clarifier) 19650,000 2205515 1,870,515 Continuing Projects with 2012 Increases 3,219,000 542,235 3,7619235 PROJECTS CLOSING IN 2012 Fire Ladder Truck 750,000 750,000 Linda Loviisa (Capital) Park 3449510 - 3445510 Chiawana Park Restroom Upgrades 251,000 11108 252,108 Gesa Stadium - Parking Lot Overlays 1395000 97,789 2365789 Chiawana Park - Parking Lot Overlay 73,000 702415 1433415 City Hall Roof Replacement 297,000 - 297,000 CBC Main Entr & Argent Traffic Signal 346,500 (46,500) 300,000 LID4148 Kurtzman Park Ph. II St. Imp. - STREET 732,707 732,707 2011 Alley Hard Surfacing (Chip Sealing) 805000 80,000 2011 Wtr Line Extension( Upsize) Rd 72 38,400 - 38,400 2011 Water Distrib Line Ext. (Kurtzman) 34,500 555479 89,979 Broadmoor Pump Station Improvements 545,000 95401 554,401 Annual Water Line Distrib Extensions 15000 (120,000) 30,000 2012 Meter Replace & Cross Connect 150,000 - 150,000 2010 WWTP Exp (HVAC System) 59,738 2,673 625411 2010 WWTP Exp (Proc Monitor Control) 685703 68,703 2010 WWTP Exp (Pole Bldg & Wash Pad) 509848 50,848 2010 WWTP Exp (Scum Pump) 12,078 125078 2012 Annual Sewer Line Extensions 200,000 (45500) 1955500 2011 PWRF Irrigation Upgrade - 1465689 146,689 PWRF Last Arm 1705000 (22,799) 147,201 1,ID #148 Kurtzman Park Ph. II St. Imp. -STORM 49,230 17,926 675156 2012 SW Additions - 108 Beech Ave 9,000 9,000 2012 SW Additions - Rd 76 & Burden 183000 (41015) 137985 2012 SW Additions -Cedar & Kalispell 209275 (9,945) 10,330 2012 SW Additions - Rd 37 & Ruby 95000 4,228 13,228 2012 SW Additions - Twin City Foods 139000 3,049 165049 2012 SW Additions - Meadow Ct & Meadow View Dr 10,000 860 10,860 2012 SW Additions - Argent Rd & Rd 36 4,000 - 4,000 2012 SW Additions - Capital Ave Infil Retrofit 16,725 61547 23,272 Well House - Desert Sunset 15000 487672 198,672 Annual Irrigation Line Extensions MUM (81,870) 187130 Total Projects Closing in 2012 4,142,214 925,207 5,067,421 Total Increases $ 4,669,397 Total Decreases $ (289,629) §2. This Ordinance shall take effect five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, on this 17th day of December, 2012. City of Pasco: Matt Watkins, Mayor Attest: Debra Clark, City Clerk Approved As To Form: Leland B. 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 Economic Development Fund, the LID Debt Service Fund, the Community Development Grant Fund, Ambulance Fund and the General Construction fund and to provide for the repayment thereof, and NOW, THEREFORE, THE CITY OF PASCO, WASHINGTON HEREBY RESOLVES AS FOLLOWS: Authorization for loans. The Financial Services Manager of the City of Pasco is hereby authorized and directed to make the following loans from the City of Pasco funds as follows: (A) From the General fund to the Economic Development fund to provide adequate resources for working capital which was impacted by the transfer obligation for the farm assets in the amount of $700,000; (B) From the General fund to the LID Debt Service fund in the amount of $550,000 to provide temporary financing for the LID 148 and LID 149 construction projects. (C) From the General fund to the Community Development Grant fund in the amount of $290,000 to ensure positive fund balance as of 12/31/12. (D) From the General fund to the General Construction fund in the amount of $150,000 to provide positive fund balance as of 12/31/12. (E) From the General fund to the Ambulance fund in the amount of $500,000 to provide positive fund balance as of 12/31/12. 2. Terms and Memorialization. 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 effective 4/1/12 in lump sum and shall bear two and one -half percent (2.5 %) interest and is due 4/1/2015 when permanent financing is secured after the end of construction with fixed annual payments starting 4/1/2013. (B) Disbursement is authorized monthly as construction costs are incurred; the interest rate is set at zero percent (0 %) and the loan is due upon receipt of debt proceeds pursuant to the issuance of permanent financing for the LID 148 and 149 construction projects. (C) Disbursement is authorized as of 12/31/12 and repayment is due as of 1/1/2013. The interest rate is zero percent (0 %). (D) Disbursement is authorized as of 12/31/12; the interest rate set at 0% with a due date of 1/1/2013. (E) Disbursement is authorized as of 12/31/12; the interest rate set at 0% with a due date of 1/1/2013. (F) PASSED by the City Council of the City of Pasco, Washington, this 17th day of December 2012. SIGNED in authentication of its passage this 17`" day of December, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney 2012 Operating & Capital Budget Supplement Memorandum Date: December 5, 2012 To: Gary Crutchfield, City Manager Rick Terway, Administrative & Community Services Director From: Dunyele Mason, Financial Services Manager Subject: 2012 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 2012 Annual Operating and Capital Improvements Projects Budgets were adopted. 2012 OPERATING BUDGET SUPPLEMENT Resources for the 2012 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 I 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. The changes by department in the General Fund are anticipated to offset each other and therefore no budget supplement is requested to cover Departmental expenditures; there is a supplemental request of $2,852,001 to cover NonDepartmental expenditures as explained below. $2,407,004 of these additional expenditures are covered by 2012 revenues in excess of original budget and by $444,997 use of ending fund balance. Net Department changes that exceed $35,000 in total are itemized as follows: 1. Police Department $(264,440) 2. Fire Department 210,750 3. Engineering (168,450) All Other Depts. Combined (46,860) Total Net Effect 26 0 4. NonDepartmental 3377.001 2012 Operating & Capital Budget Supplement Memorandum The overall Police Department decrease of $264,440 is related to the $362,257 decrease in care and custody of prisoners (offset by $63,093 in medical/dental premiums and $34,724 in various other increases). The city is billed each year based on the county budget projections for the care and custody of prisoners. The 2011 actual spending was less than budgeted by the county and therefore the city received a one -time credit at the beginning of 2012 to lower its 2012 costs. 2. The Fire Department increase of $210,750 is related to: a. $134,000 of overtime expenditures in excess of original budget. There were over 4,000 hours of Firefighter disabilities this year compared to 750 hours in the prior year. b. $19,350 for 3 VHF base radios to improve coverage. c. $11,900 for replacement and repairs to bay doors. d. $21,000 to pay hazardous material team members from other agencies. This is later reimbursed to the general fund by the company that made the hazardous spill. e. $24,500 various other small changes. The Engineering Department spending is below original budget due to continued vacancies. Since these positions are generally charged back and paid by other funds, the savings are offset by reduced revenues to the general fund. 4. The NonDepartmental increase of $3,377,001 is primarily related to: a. $1,101,057 transfers to support various new capital and construction projects; including $753,234 for the Municipal Courthouse project. b. $2,005,944 in overnight loans, temporary LID construction financing; including the $700,000 interfund loan to the Economic Development fund to facilitate the move of the Farm System to that fund from the Water /Sewer Utility fund; and $500,000 contingency overnight loan for the ambulance fund if Medicare payments are delayed. (See related information in ambulance fund). c. One time subsidy to the golf course of $200,000, $50,000 to the Senior Center (HVAC) and $20,000 to the Rivershore Marina fund (lease termination settlement). OTHER OPERATING FUNDS COMMUNITY DEVELOPMENT BLOCK GRANT FUND The Community Development Block Grant Fund requires a $290,000 interfund loan in order for the fund to have positive cash balance at year end. The loan will be repaid in January 1, 2013. $4415172 is needed to provide expenditure budget authority for 2012 activities. $301,500 is to provide construction project subsidies (which will be eventually recaptured through grant revenues). Those two amounts are offset by a reduction in expected spending for HOME housing construction costs by year end of $150,328. 2012 Operating & Capital Budget Supplement Memorandum AMBULANCE FUND A total expenditure budget increase of $521,000 is needed for the ambulance fund. Injuries have pushed overtime spending and related benefits $211,000 over original budget. Additional funding to re- chassis an ambulance is $68,000 and a year -end bookkeeping entry to adjust the reported uncollectible receivable balance to 48% will increase the annual bad debt expense by an additional $80,000. Additional $120,000 bad debt expense is related to an increase in accounts sent to collection. State B &O tax on ambulance services is expected to exceed original budget by $27,000. Original budgets for salary and wages for both admin and operational personnel were under budgeted in the original budget by $63,000. The $521,000 additional expenditures are expected to be offset by $360,000 additional revenues from the 2012 utility charge rate increase and the remainder through the use of fund balance. A $500,000 contingency overnight loan is established in case Medicare funding is delayed in the month of December. City is currently in the process of mandatory reapplication review with Medicare. Medicare can withhold payment until review is finished. It is expected to be complete in December but the loan is in case there are any delays. CEMETERY FUND The Groundsman position at the cemetery was budgeted at .5 FTE but the actual work performed in 2012 was closer to .9 FTE resulting in a supplemental budget of $23,000. Since the Groundsman position is a permanent full time position, the actual spending in the general fund facility budget was impacted by $(23,000) due to his working at the cemetery instead. BOULEVARD MAINTENANCE FUND This fund is used to pay costs associated with the city's maintenance of the boulevards. This year the city took on the project of replacing selected portions of estate fences. The cost included in the supplemental budget for fence materials is $44,000. This amount will be billed back to adjacent property owners. GOLF COURSE FUND The golf course requires an additional $359,285 in expenditure authority. $185,000 of this is to repay the temporary loan created to cover the prior year operating deficit and the remaining $174,285 is to cover the operating deficit created during the current year. Since the golf course does not appear to be able to generate sufficient cash to cover repayment of the prior year loan, the general fund is making a one -time transfer not to exceed $200,000 to the golf course to establish a minimal working capital balance at the end of the year. SENIOR CENTER FUND The replacement of the HVAC system at this facility requires a supplemental budget adjustment of $47,000 in this fund to complete the floor refinishing project started in 2011 and to replace the HVAC system when it failed during 2012. The $50,000 transfer in from the general fund was used to help offset these costs as sufficient fund balance was not available. 2012 Operating & Capital Budget Supplement Memorandum SCHOOL IMPACT FEE FUND This is a new fund that was created in 2012 when the new school impact fee was approved. This fund works as a conduit as the amounts collected from the impact fee less a small administrative charge are passed through to the school district. Since the impact fee is related to construction, then large variations in activity can occur from year to year. There was no original budget authority and so the entire 2012 revenue and expenditure budget of $920,000 is hereby adopted. RIVERSHORE TRAIL & MARINA In 2012 the marina lease was terminated triggering a $25,000 settlement agreement. This was offset by a transfer from the general fund. REVOLVING ABATEMENT FUND There was no original budget for bad debt expense included and based on prior year and current year experience, $30,000 is estimated to be the total annual bad debt expense (for uncollected liens) and will reduce fund balance. TRAC FUND Settlement of prior year expenses resulted in an additional $6,900 supplemental budget adjustment; the remaining $3,100 is from the 2012 actual billings in excess of original 2012 budget projections. ECONOMIC DEVELOPMENT FUND The Economic Development fund was expanded this year to include the transfer of the Farm System assets, debts and activities from the Water /Sewer utility. This fund also paid for the net Farm System assets according to the Water /Sewer bond debt covenants. Since this was done after the 2012 budget was created, all related activities which total $1,918,241, is included in the 2012 Supplemental Budget. STADIUM CONVENTION CENTER FUND The cost of the parking lot overlay exceeded original budget estimates resulting in a $97,789 supplemental budget adjustment. This expense is covered $22,000 by higher than expected hotel motel tax revenue and the rest by fund balance. DEBT SERVICE FUND These funds exist to collect payments from LID participants and to repay the financing of LID construction. Additionally this fund is used as a conduit to distribute the interfund loan proceeds that provide temporary construction financing for LID construction projects. Thus proceeds and disbursements for interfund loans for LID construction totaling $515,944 offset each other. 0 2012 Operating & Capital Budget Supplement Memorandum 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 from the construction fund. The 2012 Supplemental Budget of $1,176,321 predominately relates to two projects created in 2012: 1) the Municipal Courthouse project where $753,254 of 2012 spending is expected and the City Hall Boiler project completed in 2012 for $118,316. The remaining difference generally represents change in timing of expenditures between years. These expenditures are reflected and offset by various funding (revenue) transfers to reflect updated construction schedules and return of city funding replaced by federal grant funding. WATER/SEWER UTILITY FUND The Farm System was included as part of the Water /Sewer Utility in the past. At the beginning of 2012 council authorized the transfer of the Farm System to the Economic Development Fund. Supplemental adjustments are required to reflect the transfer of assets and the proceeds received in return per the bond debt covenants. EOUIPMENT REPLACEMENT (GOV'T) FUND A detailed review of vehicle and equipment replacement was undertaken in 2012. 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 expenditure supplement is $627,330. This increase results primarily from the $750,000 purchase of the fire ladder truck originally scheduled for 2013 but the city was able to purchase off of a City of Walla Walla bid in 2012 and since the agreement allowed the vendor to show the vehicle prior to delivery, substantial savings were obtained. Additional transfers in to cover additional spending totaled $239,000 and the remaining amount was paid for from cash previously set aside for purchases. MEDICAL/DENTAL INSURANCE 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 2012 claims continue to be processed through January and to ensure adequate budget the total supplement is $619,500 which will all come from fund balance. Interfund premiums are set to increase 10% January 1, 2013. 2012 Operating & Capital Budget Supplement Memorandum 2012 CAPITAL IMPROVEMENT BUDGET SUPPLEMENT Some projects will be complete by the end of 2012 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 2012 Capital Improvements Projects Budget. Therefore, a supplement to the 2012 Capital Improvements Projects Budget is required. The total amount of increased authority is $4,379,760. New projects total $2,912,326, continuing projects with 2012 increases total $542,235 and the net effect of closing projects total $925,207. The total overall change in the Capital Improvement Budget is $4,089,991. 0 Account Description GENERAL FUND NONDEPARTMENTAL Transfer Senior Center Transfer Golf Course Fund Transfer Rivershore Marina Fund Transfer Equip Replacement Fund Transfer Equip Replacement Fund Transfer Chiawana Stadium Overlay Transfer Chiawana Park Restrooms Transfer Muni Courthouse Transfer Prep Street Interfund Loan- LID #148 Interfund Loan- LID #149 Interfund Loan- Overnight CDBG Interfund Loan- Overnight Ambulance Interfund Loan- Farm EXHIBIT 1 - 2012 Budget Supplement Worksheet REVENUES EXPEND FUNDRAL 50,000 200,000 20,000 75,000 96,000 70,415 1,108 753,234 105,300 379,707 136,237 290,000 500,000 700,000 Property Taxes 400,000 ** Sales Taxes 220,000 ** Telephone B &O Taxes 1705000 ** Electric B &O Taxes 1215004 ** Irrigation B &O Taxes 75,000 ** Stormwater B &O Taxes 80,000 ** PWRF B &O Taxes 1455000 ** Building Permits 350,000 ** Liquor Board Profits 203,000 Interfund Loan Repayments 643,000 TOTAL GENERAL FUND 2,407,004 393779001 (969,997) Explanation One time emergency repairs and fund balance subsidy One time working capital subsidy One time working capital subsidy Grass Truck cost more than projected Ladder Truck purchase to 2012 from 2013 Project cost more than original estimate. Project cost more than original estimate. New project funding. Per developer agreement. Provide temporary financing for LID construction Provide temporary financing for LID construction Provide year end working captial Contingency overnight loan if Medicare payments delayed Provide working captial for farm asset transfer ** Revenue budgets are conservatively estimated as they are variable by nature. Based on current year activity revenue estimates are hereby revised. One time sale of liquor stores by state. Over night loan repayments. ARTERIAL STREET FUND Transfer In Rd 68 Imp Phase II 150,000 STP funding obtained; Return of prior year funding. Transfer Out Interconnect Rd 68 Signals 20,000 New Project Transfer Out Lewis Str 226,049 Transfer prior year project funding balance. TOTAL ARTERIAL STREET FUND 150,000 246,049 (96,049) I -182 Cooridor Traffic Imoact Transfer In Rd 68 Imp Phase II 58,587 STP funding obtained; Return of prior year funding. Transfer In CBC & Argent 46,500 Return funds for closed project. Transfer Out Powerline Road 40,907 Additional funding for current year work. TOTAL I -182 Cooridor 105,087 40,907 64,180 STREET OVERLAY Transfer Out 2011 STP overlay 34,252 Spending sooner than expected. TOTAL I -182 Cooridor 34,252 (34,252) CD GRANT FUND Repay 2012 overnight loan 290,000 Repay 2012 overnight loan Contractor payments (150,328) Project postponed to future year. Transfer Out LID # 149 Kurtzman 450,000 LID formed in 2012 Transfer Out 4th Ave Block Wall 12500 Provide funding for estimated cost increase. HUD grant 151,172 Grants are based on reimbursing expenditures. Overnight loan proceeds 290,000 Provide cash for positive year end fund balance. TOTAL CDRG FUND 4419172 591,172 (1509000) 12/6/2012 3:22 PM \\solo2 \nnanoe\A FINANCE MANAGER \BUDGET- Working Files \5UPPLEMENTS \2012 SUPP \2012 SUPPL 8UDGET.xlsx Account Description AMBULANCEFUND Salaries and wages Bad debt expense Salaries and wages Overtime Liability insurance premium State B &O taxes Interfund medical /dental Transfer out EXHIBIT 1- 2012 Budget Supplement Worksheet REVENUES EXPEND FUND BAL 16,000 200,000 47,000 160,000 8,000 27,000 11,000 68,000 Ambulance utility charge 360,100 Interfund loan proceeds 500,000 TOTAL AMBULANCE FUND 860,100 521,000 339,100 Explanation Admin salaries not fully budgeted. Accounts sent to collection; most not collectible Operation salaries not fully budgeted. Cover shifts for injured workers. 2012 updated allocation formula New tax calcualtion per tax audit. Additional costs for two re- chassis. Effect of new rates implemented 2012. Contigency loan if Medicare payments delayed CEMETERY FUND Salaries & wages 23,000 Budgeted at .5 FTE; worked at .9 FTE Headstone sales 23,000 TOTAL CEMETERY FUND 23,000 23,000 - BOULEVARD MAINTENANCE FUND Repair and maintenance 44,000 Estate fence material costs O &M assessment 44,000 Assessment to homeowners TOTAL CEMETERY FUND 44,000 449000 GOLF COURSE FUND Misc professional expenses 174,285 Cost to operating contractor higher than budgeted Interfund loan repay to Gen'l Fund 185,000 Repay temporary loan from prior year. Pro shop merchandise sales 48,000 Transfer In from General fund 200,000 To provide one -time working capital. TOTAL GOLF COURSE FUND 248,000 359,285 (111,285) SENIOR CENTER FUND Repair & maintenance 47,000 HVAC system emergency replacement; finish floor sanding Transfer In from General fund 50,000 TOTAL GOLF COURSE FUND 509000 47,000 3,000 SCHOOLIMPACTFEEFUND School impact fee pass through 920,000 New impact fee adopted in 2012. School impact fees 920,000 Fee passes through to Pasco School District. TOTAL SCHOOL IMPACT FUND 9209000 920,000 RIVERSHORE TRAIL & MARINA Repair & Maintenance - Other 25,000 Lease termination settlement. Transfer In from General fund 20,000 Funding for lease termination settlement. TOTAL RIVERSHORE MARINA FUND 20,000 25,000 (59000) REVOLVING ABATEMENT FUND Bad debt expense 305000 Liens not paid. Based on current year activity. TOTAL RIVERSHORE MARINA FUND - 30,000 (30,000) 12/6/2012 3:22 PM \\solo2 \Finance \A FINANCE MANAGER \BUDGET- Working Files \SU PPLEMENTS\2012 SUPP \2012 SUPPL BUDG ET.Asz EXHIBIT 1 - 2012 Budget Supplement Worksheet Account Description REVENUES EXPEND FUND BAL Explanation TRAC DEVELOP & OPERATING FUND County Services 10,000 Includes $6,900 settle -up of prior year costs TOTAL TRAC FUND 10,000 (109000) CAPITAL IMPROVEMENT FUND Transfer Out 4th Ave S Street 153,913 Increase in project costs TOTAL CAPITAL IMPROVE FUND 153,913 (153,913) ECONOMIC DEVELOPMENT Repair/Maintenance Supplies 12,000 Miscellaeneous Professional Services 26,000 Electricity 120,000 Repair Services 409000 State Leasehold Taxes 622500 Land 150,000 Transfer Out Utility Infrastructure 15307,741 Transfer Out Utility Economic Dev debt 2005000 TOTAL ECONOMIC DEVELOP FUND - 19918,241 (19918,241) 136,237 Transfer Out GESA Stadium Hotel/motel tax *Farm operation costs originally budgted in the Utility Purchase of BOR quarter section Payment for Farm System transfer. Contribution to P WRF debt per agreement. 97,789 Parking Lot overlay cost more than expected. TOTAL SCHOOL IMPACT FUND 229000 97,789 (759789) 70,415 Transfer In Chiawana Park Restrooms LID DEBT FUND Transfer In Lewis Sir 226,049 Transfer Out LID 148 105,300 379,707 Interfund Loan proceeds 379,707 40,907 Transfer Out LID 149 34,252 136,237 Interfund Loan proceeds 136,237 450,000 TOTAL LID DEBT FUND 5159944 515,944 - 97,789 GENERAL CONSTRUCTION FUND Transfer In Muni Courthouse 753,234 Transfer In Chiawana Stadium Overlay 70,415 Transfer In Chiawana Park Restrooms 1,108 Transfer In Lewis Sir 226,049 Transfer In St Ignatius Str 105,300 20,000 40,907 34,252 1,500 450,000 153,913 97,789 379,707 eet Transfer In Interconnect Rd 68 Signals Transfer In Powerline Road Transfer In 2011 STP Overlay Transfer In 4th Ave Black Wall Transfer In LID #149 Kurtzman Transfer In 4th Ave S Street Transfer In GESA Stadium Transfer In LID ] 48 Transfer In LID 149 136,237 Transfer Out to Arterial St Road 68 150,000 Transfer Out to Traffic Impact St Road 68 585587 Transfer Out to Traffic Impact CBC Signal 467500 Municipal Courthouse 753,234 Interfund Loan Repayment LID 148 168,000 TOTAL GEN'L COSTRUCTION FUND 294709411 19176,321 1,2949090 These are bookkeeping, conduit entries required to provide interim fmanacing for LID construction projects. Transfers & loans require council approval. New project Final funding to close project. Final funding to close project. Transfer prior year project funding balance. New Developer project New project Additonal work planned for current year. Additional funding for current year work. Change in estimate for current year Move grant funding to construction fund Bids higher than budgeted. Final funding to close project. New project New project Return of prior year funding; STP funding awarded. Return of prior year funding; STP funding awarded. Return funds for closed project. New project Rebook temporary financing via debt service fund 12/612012 3:22 PM \ \so1o2 \Finance \A FINANCE MANAGER \BUDGET- Working Files \SUPPLEMENTS \2012 SUPP \2012 SUPPL BUDGET.xisx EXHIBIT 1 - 2012 Budget Supplement Worksheet Account Description REVENUES EXPEND FUNDRAL Explanation WATER/SEWER UTILITY FUND Transfer of Farm Assets 4,718,462 Disposal of Farm System Transfer In of proceeds for assets 15307,741 Payment received for FamL System per bond requirements Transfer In of proceeds for debt 2009000 Payment towards 2012 debt service per agreement. TOTALWATER/SEWER UTILITY FUND 1,507,741 4,718,462 (3,210,721) GOVT EQUIPMENT REPLACEMENT FUND Vehicle purchases 627,330 Purchase of ladder truck in 2012 rather than 2013 Transfers In from Ambulance Fund 685000 Two re- chassis were more than projected. Transfer In from General fund 75,000 No equipment replacement cash available for Grass Truck Transfer In from General fund 96,000 Move funding from 2013 to 2012 for ladder truck TOTAL GOVT EQUIP REPL FUND 2399000 627,330 (388,330) MEDICAL/DENTAL FUND Medical claims 477,500 Claims higher than past years. Dental claims 142,000 Dental was separated from medical in 2012. TOTAL MED/DENTAL FUND - 6199500 (6199500) 12/6/2012 3:22 PM \\solo2 \Finanoe\A FINANCE MANAGER \BUDGET- Working Fiies\6UPPLEMENTS \2012 SUPP \2012 SUPPL BUDGELAu FOR: TO: FROM: SUBJECT: I. II. III. IV V. AGENDA REPORT City Council Gary Crutchfie i Manager Stan Strebel, Deputy City Manager Sidewalk Repair and Maintenance REFERENCE(S): Proposed Ordinance December 3, 2012 Workshop Mtg.: 12/10/12 Regular Mtg.: 12/17/12 ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/10: Discussion 12/17: MOTION: I move to adopt Ordinance No. amending Title 12 of the Pasco Municipal Code regarding Sidewalk Repair and Maintenance and, further, to authorize publication by summary only. FISCAL IMPACT: HISTORY AND FACTS BRIEF: A) Two sections in the Pasco Municipal Code require that maintenance and repair of sidewalks is the responsibility of the abutting property owner and, except in cases where there is damage to sidewalks due to City activities (i.e., city work, vehicles or trees), state law seems to support the position in the PMC. B) Current case law in the state, however, establishes that while a city may require an abutting property owner to be responsible for most sidewalk repair and maintenance, it cannot easily shift liability for injuries that may occur as a result of uneven sidewalks in need of repair. C) Additionally, because 1) there are a number of potential causes for sidewalk failure; and 2) there are sometimes multiple remedies for addressing sidewalk safety problems, it becomes more complicated to work with adjacent property owners, many of whom have no idea of the City's code provision on maintenance, let alone repairs. The more time that it takes to address known problems, the more potential exposure the City has for injury claims. D) As discussed with Council on October 16, staff feels that it is prudent for Council to change the City's policies with regard to sidewalk repair. While it seems reasonable to continue to assign responsibility for the cleaning of sidewalks to adjacent property owners (i.e., snow, litter, debris), it will be most cost effective for the City to assume responsibility for sidewalk repair and to develop an on -going program to inventory and repair sidewalk problems (by whatever method is most cost effective) as needed. Possible exceptions would be repair of sidewalks that is necessitated by the actions of the adjacent property owner or others, for examples: damaged caused by tree roots planted by the owner or damage due to failure to protect from heavy equipment. In cases where it can be clearly shown to be the fault of others, the law allows the City to assign responsibility for sidewalk repairs to owners. By budgeting an amount each year, the City may be able to focus repair work in geographic areas (to minimize the costs of mobilization); by type of repair (to take advantage of equipment or contractor specialty); and, proactively to minimize potential claims. The City's assumption of repair responsibilities will minimize conflicts with property owners, many of whom do not expect to be responsible for repairing sidewalk failures. DISCUSSION: A) The attached, proposed ordinance will make the necessary amendments to the Municipal Code. Adoption is recommended. 8(a) ORDINANCE NO. AN ORDINANCE Amending Title 12 of the Pasco Municipal Code, Regarding Sidewalk Repair and Maintenance. WHEREAS, the Pasco City Council has determined that certain amendments to Pasco Municipal Code regarding sidewalk repair and maintenance are necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 12.04.140 of PMC is hereby amended to read as follows: 12.04.140 MAINTENANCE OF SIDEWALKS. Whenever any street, lane, square, place or alley in the City shall have been improved by the construction of a sidewalk along either side thereof, the duty, burden, and expense of the maintenance and; cleaning (including the cleaning of snow and ice, litter and other debris), repair and renewal of such sidewalk; ineluding the efeetion And rnaintenanse of suitable barriers weed, -iron er Enxaseary aleng the ute margin F• 1., i 7 17 l- b elevated more � ` , shall devolve ' '"'�"" =mom ��o�� � upon the owner of the private property directly abutting on the sidewalk. Whenever the City has persuasive evidence that the actions of the property owner or its agents have resulted in damage to an abutting sidewalk it may order the repair or replacement of such sidewalk, and the repair or replacement iffiprevenient shall be made by the owner in the manner provided by the ordinances of the City, and the laws of the state. It shall be unlawful for any person after receiving notice from the City to fail to maintain, clean, repair, or pe lace renew such sidewalk pursuant to the obligations created above. A violation of this Section shall be a Civil Code infraction carrying a maximum penalty of $250. Section 2. That Section 12.08.100 "Maintenance of Sidewalks" is hereby repealed in its entirety. Section 3. This Ordinance shall take full force and effect on 2012, 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 17th day of December, 2012. Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council November 30, 2012 TO: Gary Crutchfr Manager Workshop Mtg.: 12/10/12 Regular Mtg.: 12/17/12 FROM: Stan Strebel, De uty City Manage SUBJECT: Code Change on Definition of Family or Household Members I. REFERENCE(S): 1. RCW 26.50.010(2) 2 Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/10: Discussion 12/17: MOTION: I move to adopt Ordinance No. amending the definition of family or household members in Chapter 9.06 of the Pasco Municipal Code to be consistent with state law and, further, to authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The City Attorney recently noticed that the City's definition of "family or household member" in PMC Section 9.06.040 "Domestic Violence," has not been updated subsequent to recent changes in state law [RCW 26.50.010(2)]. B) Staff recommends updating the Code to be consistent with the statute. V. DISCUSSION: A) Passage of the attached ordinance is recommended to effect the change. 8(b) RCW 26.50. 010 Definitions. As used in this chapter, the following terms shall have the meanings given them: (1) "Domestic violence" means: (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member. (2) "Family or household members" means spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent -child relationship, including stepparents and stepchildren and grandparents and grandchildren. (3) "Dating relationship" means a social relationship of a romantic nature. Factors that the court may consider in making this determination include: (a) The length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties. (4) "Court" includes the superior, district, and municipal courts of the state of Washington. (5) "Judicial day" does not include Saturdays, Sundays, or legal holidays. (6) "Electronic monitoring" means a program in which a person's presence at a particular location is monitored from a remote location by use of electronic equipment. (7) "Essential personal effects" means those items necessary for a person's immediate health, welfare, and livelihood. "Essential personal effects" includes but is not limited to clothing, cribs, bedding, documents, medications, and personal hygiene items. ORDINANCE NO. An Ordinance of the City of Pasco, Washington amending the Definitions of "Family or Household Member" in Chapter 9.06 of the Pasco Municipal Code. WHEREAS, the City recognizes the need for the definition of "Family or Household Members" as found in PMC Section 9.06.040 to be consistent with applicable state statute; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1, That Section 9.06.040(2) Definitions (A) "Family or Household Member" is hereby amended to read as follows: "Family or Household Members" means Wises; adult per-seas related by blood or fnaffiage, persons whe����� have resided together in the past, and per-sons who have a child in eemmen f-egafdless ef whether- fl..,y have been mafFied or have lived together- spouses, domestic partners former o spouses former domestic partners persons who have a child in common regardless of whether they have been married or have lived together at any time adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship persons sixteen ,Years of age or older with whom a person sixteen years of age or older has or has had a dating relationshm, and persons who have a biological or legal parent -child relationship including stepparents and stepchildren and grandparents and grandchildren. Section 2. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 17th day of December, 2012. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council TO: Gary ( rutchfie ty, anager FROM: Stan Strebel, Duty City ManagerL� SUBJECT: Public Record Requests I. REFERENCE(S): 1. Washington Administrative Code 44 -14 -07003 2. 2012 Copy Study 3. Proposed Resolution December 3, 2012 Workshop Mtg.: 12/10/12 Regular Mtg.: 12/17/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/10: Discussion 12/17: MOTION: I move to approve Resolution No. amending Resolution No. 3267 regarding Public Records Requests. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: A) Pursuant to action of the State Legislature in 2005 revising public disclosure statutes and subsequent rulings of the Washington State Supreme Court, the Council has adopted Resolution No. 3267 regarding Public Records Requests. B) The Public Records Act (PRA -RCW 42.56) allows an entity to apply a reasonable charge of no more than $0.15 cents per page for photocopies. The charge can consist of the cost for equipment, supplies and photocopy time but cannot include the cost to search for records and prepare the same for public inspection (i.e. redaction). The photocopy charge is included in Resolution No. 3267, C) The PRA does not have a default rate for scanning documents; however the Washington Administrative Code (WAC 44 -14- 07003) provides that "an agency can establish a scanning fee for records it scans" (if the agency has a paper -only copy of a record and the requestor requests an Adobe Acrobat PDF copy). D) To determine the City's actual scanning costs, the City Clerk's office conducted a "copy study" in July 2012. Using methodology similar to that utilized by other cities and comparing to the cost associated with photocopying, the computed per scan cost is 0.1129 per page. Additionally, commercial copy services were found to charge approximately 25 cents per page, with, in some cases, a minimum handling charge or a charge for processing time. For simplicity and in an effort to maintain transparency while providing documents responsive to PRA requests, staff suggests the scan charge be set at $0.10 per page. E) Staff recommends approval of the Resolution amending Resolution No. 3267. 8(c) WAC 44 -14 -07003 Charges for electronic records. Providing copies of electronic records usually costs the agency and requestor less than making paper copies. Agencies are strongly encouraged to provide copies of electronic records in an electronic format. See RCW 43.105.250 (encouraging state and local agencies to make "public records widely available electronically to the public. "). As with charges for paper copies, "actual cost' is the primary factor for charging for electronic records. In many cases, the "actual cost' of providing an existing electronic record is de minimis. For example, a requestor requests an agency to e-mail an existing Excel© spreadsheet. The agency should not charge for the de minimis cost of electronically copying and e- mailing the existing spreadsheet. The agency cannot attempt to charge a per -page amount for a paper copy when it has an electronic copy that can be easily provided at nearly no cost. However, if the agency has a paper -only copy of a record and the requestor requests an Adobe Acrobat PDF© copy, the agency incurs an actual cost in scanning the record (if the agency has a scanner at its offices). Therefore, an agency can establish a scanning fee for records it scans. Agencies are encouraged to compare their scanning and other copying charges to the rates of outside vendors. See WAC 44 -14- 07001. [Statutory Authority: 2005 c 483 § 4, amending RCW 42.56.570. 07 -13 -058, § 44 -14- 07003, filed 6/15/07, effective 7/16/07. Statutory Authority: 2005 c 483 § 41 RCW 42.17.348. 06 -04 -079, § 44 -14- 07003, filed 1/31/06, effective 3/3/06.] CITY OF PASCO SCAN CHARGE PER PAGE B/W - STUDY Title Hourly rate Benefit (avg 28%) Total City Clerk 30.63 5.98 36.61 Department Asst I City Clerk Office 10.72 3.01 13.73 Admin Asst II - A &CS 22.76 4.81 27.57 Exec Admin Asst 28.23 5.62 33.85 Court Clerk 21.45 4.61 26.06 Police Clerk 18.1 4.11 22.21 Admin Asst II - C &ED 19.04 4.25 23.29 Admin Asst I - PW /Eng 20.21 4.43 24.64 Accts Payable - Finance 21.82 4.67 26.49 Total 192.96 41.49 234.45 Paper Copy Cost Total 234.45 Average 26.05 Per Hour 0.43 Per Minute 0.00716 Per Second 0.0078 per sheet Copier Cost 288.88 Monthly IS Copier 311.68 Monthly 3rd Floor Copier 115.12 Monthly City Clerk Copier 238.56 Average /monthly 0.0055 Average /minute Suggester Copy Cost Total Suggested Scan Charge Total 0.0078 Paper 0.0055 Copier 0.1074 (15 Second of Labor) 0.1207 0.0055 Copier 0.1074 (15 Second of Labor) 0.1129 Suggested Scan Charge 0.10 per page CITY OF PASCO SCAN CHARGE PER PAGE COLOR - STUDY Title Hourly rate Benefit (avg 28 %) Total City Clerk 30.63 5.98 36.61 Department Asst I City Clerk Office 10.72 3.01 13.73 Admin Asst II - A &CS 22.76 4.81 27.57 Exec Admin Asst 28.23 5.62 33.85 Court Clerk 21.45 4.61 26.06 Police Clerk 18.1 4.11 22.21 Admin Asst II - C &ED 19.04 4.25 23.29 Admin Asst I - PW /Eng 20.21 4.43 24.64 Accts Payable - Finance 21.82 4.67 26.49 Total 192.96 41.49 234.45 Paper Copy Cost Total 234.45 Average 26.05 Per Hour 0.43 Per Minute 0.00716 Per Second 0.0078 per sheet Copier Cost 288.88 Monthly IS Copier 311.68 Monthly 3rd Floor Copier 138.45 Monthly Police Dept Records Copier 246.34 Average /monthly 0.0057 Average /minute Suggester Copy Cost Total Suggested Scan Charge Total 0.0078 Paper 0.0057 Copier 0.1074 (15 Second of Labor) 0.1209 0.0057 Copier 0.1074 (15 Second of Labor) 0.1131 Suggested Scan Charge 0.10 per page RESOLUTION NO. A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AMENDING RESOLUTION NO. 3267 REGARDING PUBLIC RECORDS REQUESTS WHEREAS, the City of Pasco previously adopted the Washington State Attorney General's advisory rules as Resolution No. 3267; and WHEREAS, the State Attorney General has provided guidance on the allowability of charges for the production of electronic records or producing records electronically in the Washington Administrative Code, including WAC 44 -14- 07003; and WHEREAS, the City finds that it is necessary to update its disclosure procedures to facilitate the efficient use of staff time and more effectively accommodate the accessibility of its public records as well as expedite any disputes in regards to their disclosure, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION 1. That Resolution No. 3267 is hereby amended to read as follows: Section 1, AGENCY DESCRIPTION - CONTACT INFORMATION - PUBLIC RECORDS OFFICER. A) The City of Pasco is a Washington Municipal Corporation providing municipal services. The City's central office is located at the Pasco City Hall, located at 525 North 3rd, Pasco, WA. B) Any person wishing to request access to public records or seeking assistance in making a request should contact the City's Public Records Officer. The City Clerk has been designated by the City Manager as the City's Public Records Officer pursuant to RCW 42.56.580. While the public records officer may offer help and guidance relating to any public records request, requests for police records and municipal court records should be directed to the designated records officer within those departments at the contact information listed below. 1) Requests for records other than Police and Municipal Court records. Requests to inspect or copy any records maintained by the City, other than Police and Municipal Court records, should be made to the Public Records Officer at: Office of the City Clerk City of Pasco 525 North 3rd Pasco WA 99301 (509) 545 -3402 - telephone (509) 543 -5727 — facsimile Email address: CitvClerkInfo&Pasco- wa.eov 2) Request for Police records. Requests to inspect or copy records maintained by the City's Police Department should be made to the Police Records Officer at: Records Office City of Pasco Police Department 525 North 3rd Pasco WA 99301 (509) 545 -3421 - telephone (509) 545 -3423 - facsimile 3) Request for Municipal Court records. Requests to inspect or copy records maintained by the Pasco Municipal Court, should be made to the Court Administrator at: Court Administration City of Pasco 1016 North 4th Pasco WA 99301 (509) 545 -3491 - telephone (509) 543 -2912- facsimile 4) Internet access to records. Many records are also available on the City's web site at www.pasco - wa.gov. Requestors are encouraged to view the documents available on the website prior to submitting a public records request. C) The public records officer will oversee compliance with the act but another City staff member may process a request. Therefore, these rules will refer to the public records officer "or designee." The public records officer or designee and the City will provide the "fullest assistance" to requestors; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the City. Section 2. AVAILABILITY OF PUBLIC RECORDS. A) Hours for inspection of records. Public records are available for inspection and copying during normal business hours of the City, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the office of the City Clerk at City Hall. The City's Police Department hours are Monday through Friday, 8:00 a.m. to 5:00 p.m, excluding legal holidays. The Municipal Court hours are Monday through Friday, 8:30 a.m. to 4:00 p.m., excluding legal holidays. B) Records Index. The City finds that maintaining an index is unduly burdensome and would interfere with City operations. The requirement would unduly burden or interfere with City operations in the following ways: Public Records Request Resolution Page 2 1) Given the number of different departments /divisions in the City, the maintenance of a single index is impractical; and 2) Due to activity levels in the City, the type and number of records is constantly changing. C) Organization of records. The City will maintain its records in a reasonably organized manner. The City will take reasonable actions to protect records from damage and disorganization. A requestor shall not take City records from City offices, or that location designated for the inspection of public records, without the permission of the public records officer or designee. A variety of records are available on the City's web site at www.pasco- wa.gov. Requestors are encouraged to view the documents available on the web site prior to submitting a records request. D) Making a request for public records. 1) Any person wishing to inspect or copy public records of the City should make the request in writing on the City's request form, or by letter, fax, or e -mail addressed to the public records officer and including the following information: a) Name of requestor; b) Address of requestor; C) Other contact information, including telephone number and/or e- mail address; d) Identification of the public records adequate for the public records officer or designee to locate the records; and e) The date, and if presented at City Hall, the time of day of the request. 2) If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records or a deposit. Standard photocopies will be provided at 15 cents (15 ¢) per page. 3) A form is available for use by requestor at the office of the public records officer and online at www.pasco- wa.gov. 4) The public records officer or designee may accept requests for public records that contain the above information by telephone, facsimile, email, or in person. If the public records officer or designee accepts such a request, he or she will confirm receipt of the information and the substance of the request in writing. Public Records Request Resolution Page 3 5) In the event the records requested in any department are readily available, of a routine nature, and do not involve the interest of any other person, the public records officer or the department head may authorize the immediate inspection and /or copying of such record without the necessity of filing the request as provided in subsection (1) above. Section 3. PROCESSING OF PUBLIC RECORDS REQUEST - GENERAL. A) Providing "fullest assistance." The City is charged by statute with adopting rules which provide how it will "provide full access to public records," "protect records from damage or disorganization," "prevent excessive interference with other essential functions of the City," provide "fullest assistance" to requestors, and provide the "most timely possible action" on public records requests. The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner. B) Acknowledging requested and payment of a deposit for the copies, if any, is receipt of request. Within five (5) business days of receipt of the request, the public records officer will do one or more of the following: 1) Make the records available for inspection or copying; 2) If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor; 3) Provide a reasonable estimate of when records will be available; 4) If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The public records officer or designee may revise the estimate of when records will be available; or 5) Deny the request. C) Consequences of failure to respond. If the City does not respond in writing within five (5) business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the failure to respond. D) Protecting rights of others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request. Public Records Request Resolution Page 4 E) Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the City believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted. F) Privilege Log. If the City determines that a record is exempt and should be withheld, the City will maintain a privilege log of those withheld records. The privilege log will identify: 1) Type of record withheld. 2) Date of record. 3) Number of pages. 4) Author or recipient. 5) The exemption invoked. A copy of the privilege log will be produced to the records requestor. G) Inspection of records. 1) Consistent with other demands, the City shall promptly provide a location to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any documents. The requestor shall indicate which documents, if any, he or she wishes the City to copy. 2) The requestor must claim or review the assembled records within thirty (30) days of the City's notification to him or her that the records are available for inspection or copying. The City will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the City to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty -day period or make other arrangements, the City may close the request and refile the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request. H) Providing copies of records. After inspection is complete, the public records officer or designee shall make any requested copies or arrange for copying. Public Records Request Resolution Page 5 I) Providing records in installments. When the request is for a large number of records, the public records officer or designee will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within thirty (30) days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request. J) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the City has completed a diligent search for the requested records and made any located nonexempt records available for inspection. K) Closing withdrawn or abandoned request. When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that the City has closed the request. L) Later discovered documents. If, after the City has informed the requestor that it has provided all available records, the City becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis. Section 4. EXEMPTIONS. A) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of other exemptions, outside the Public Records Act, that restrict the availability of some documents held by the City for inspection and copying. A list of such laws is available at the office of the City Clerk and may be available at the City's website. B) The City is prohibited by statute from disclosing lists of individuals for commercial purposes. Section 5. COSTS OF PROVIDING, COPIES OF PUBLIC RECORDS. A) Costs for copies. There is no fee for inspecting public records. A requestor may obtain copies for the following costs: standard blaek and white - r 15 eents �r. (150) per page. 1. Standard black and white photocopies - 15 cents (150) per naee• 2. Standard color photocopies - 15 cents (15¢) per page• 3. Scanned conies (if records are not already in electronic format) - 10 cents (10¢) per page, Public Records Request Resolution Page 6 Before beginning to make the copies, the public records officer or designee may require a deposit of up to ten percent of the estimated cost of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying cost before providing all the records, or the payment of the cost of copying an installment before providing that installment. The City will not charge sales tax when it makes copies of public records. B) Costs for electronic records. The costs of electronic copies of records shall be One Dollar ($1.00) for information on a floppy disk and One Dollar ($1.00) for information on a CD- ROM. C) Costs for specialized services. In the event the City is required due to the size of costs of the shipping the request or there is a need for specialized copying equipment (i.e., photographs, blueprints, taped or video recordings) to use the services of an outside source designated by the City, the requestor shall be required to pay the actual costs of such service, including delivery and return of public records for the purpose of copying. D) Costs of mailing. The City may also charge actual costs of mailing (including the costs of the shipping container) and the actual costs of long distance facsimile transmission. E) Payment. Payment may be made by cash, check or money order to the City. Section 6. REVIEW OF DENIALS OF PUBLIC RECORDS. A) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including e-mail) to the public records officer for a review of that decision. The petition shall include a copy of, or reasonably identify, the written statement by the public records officer or designee denying the request. B) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the City Attorney. The City Attorney will immediately consider the petition and either affirm or reverse the denial within two business days following the City's receipt of the petition, or within such other time as City and the requestor shall mutually agree. The comments incorporated in Chapter WAC 44 -14 may be relied upon as authority for determinations made by the City in applying or interpreting this Resolution. C) Alternative Dispute Resolution. In the event of a dispute regarding the inspection or copying of public records, the parties shall first meet in a good -faith attempt to resolve the dispute by agreement of the parties or by mediation. In the event the dispute remains, the dispute shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration, and venue being placed in Franklin County, Washington. The mediators and arbitrators will be selected from an approved list maintained by the City and available upon request. The party wishing to seek mediation or arbitration shall provide fifteen (15) days written notice to the City. Public Records Request Resolution Page 7 D) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal. Section 7. The City Manager is hereby authorized and directed to institute such administrative policies and practices as necessary and appropriate to fully affect this policy. SECTION 2. The provisions of this resolution shall be effective on January 1, 2013 and shall be applicable to any pending requests which have not been completed as of the effective date. PASSED by the City Council of the City of Pasco, Washington, at its regular meeting on the 17th day of December, 2012. Matt Watkins Mayor Attest Debra L. Clark City Clerk Approved as to Form: Leland B. Kerr City Attorney Public Records Request Resolution Page 8 AGENDA REPORT FOR: City Council December 12, 2012 TO: Gary Crutchfre 'ty anger �� Regular Meeting: 12/17/12 Rick Terway, A m. Community s Director FROM: Dunyele Mason, Financial Services Manager O SUBJECT: 2013 ANNUAL OPERATING AND CAPITAL PROJECTS BUDGETS I. REFERENCE(S): A) Proposed 2013 Annual Operating Budget Ordinance. B) Proposed 2013 Capital Projects Budget Ordinance. II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATION: 12/17: Second Reading of Ordinances MOTION: I move to adopt Ordinance No.4081, adopting the 2013 Annual Operating Budget and authorize the publication by summary only. MOTION: I move to adopt Ordinance No. 4082, adopting the 2013 Capital Projects Budget and to authorize the publication by summary only. III. FISCAL IMPACT: A) $133,414,930 - Annual Operating Budget B) $ 38,342,407 - Capital Projects Budget IV. HISTORY AND FACTS BRIEF: The 2013 Preliminary Budget was discussed at the Council workshop meeting held on November 13, 2012. 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 3, 2012 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 2013 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 intemet site at www.pasco- wa.gov, 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 3, 2012. 9(a) ORDINANCE NO. 14C)91 AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE YEAR 2013. 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 2013; 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 for the year 2013 is hereby adopted. FUND EXPENDITURE REVENUE GENERAL FUND $ 41,854,785 $ 41,854,785 CITY STREET FUND 2,188,857 2,188,857 ARTERIAL STREET FUND 1,492,735 1,492,735 1 -162 CORRIDOR TRAFFIC IMPACT FUND 11257,717 1,257,717 STREET OVERLAY FUND 311892237 3,189,237 COMMUNITY DEVELOPMENT GRANT FUND 1,6827373 11582,373 M.L. KING JR. COMMUNITY CENTER FUND 192,069 192,089 AMBULANCE SERVICES FUND 31587,337 3,587,337 CITY VIEW CEMETERY FUND 310,690 310,690 BOULEVARD PERPETUAL MAINTENANCE FUND 1,3872622 19387,622 ATHLETIC PROGRAM FUND 277,934 277,934 GOLF COURSE 11773,208 11773,208 SENIOR CENTER OPERATING FUND 312,608 312,608 MULTI -MODAL FACILITY FUND 135,406 135,406 SCHOOL IMPACT FEES 300,200 300,200 RIVERSHORE TRAIL & MARINA MAINTENANCE FUND 22,509 22,509 SPECIAL LODGING ASSESSMENT FUND 168,971 168,971 LITTER ABATEMENT FUND 21,111 21,111 REVOLVING ABATEMENT FUND 310,460 310,460 TRAC DEVELOPMENT & OPERATING FUND 379,705 379,705 PARK DEVELOPMENT FUND 11899,950 1,899,950 CAPITAL IMPROVEMENTS FUND 2,8782123 2,878,123 ECONOMIC & INDUSTRIAL DEVELOPMENT FUND 991,451 991,451 STADIUM / CONVENTION CENTER FUND 366,223 366,223 LID DEBT SERVICE FUND 2,126,977 2,126,977 G.O. BOND DEBT SERVICE FUND 855,570 855,570 GENERAL CAPITAL PROJECTS 71914,552 7,914,552 WATER / SEWER UTILITY FUND 37,580,556 37,580,556 EQUIPMENT RENTAL OPERATIONS FUND - GOVERNMENT TYPE 11109,794 1,109,794 EQUIPMENT RENTAL OPERATIONS FUND - PROPRIETARY TYPE 532,602 532,602 EQUIPMENT RENTAL REPLACEMENT FUND - GOVERNMENT TYPE 4,851,911 4,851,911 EQUIPMENT RENTAL REPLACEMENT FUND - PROPRIETARY TYPE 2,369,236 2,369,236 MEDICAL / DENTAL INSURANCE FUND 5,083,361 5,0832361 CENTRAL STORES FUND 13,241 13,241 CITY VIEW CEMETERY ENDOWMENT 430,635 430,635 OLD FIRE MEDICAL (OPEB) 1,948,285 11948,285 OLD FIREMEN'S PENSION TRUST FUND 1,716,909 1,716,909 GRAND TOTAL ALL FUNDS $ 133,414,930 $ 133,414,930 Section Two. This Ordinance shall be in full force and effect on January 1, 2013. PASSED by the City Council of the City of Pasco this 17th day of December, 2012. ATTEST: Matt Wa, ' s, yor Debra L. Clark, City Clerk Approved as to Form: Leland B. Kerr, City Attorney ORDINANCE NO. 8091 AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE YEAR 2013 WHEREAS, subsequent to due notice and public hearing thereon, the City Council forthe City of Pasco has approved the following capital Project Budget for the year 2013; 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. status Project Title Continuing Animal Shelter Facility Generel Projects (2012) Continuing Fire Alterting Systems 2012 Supp New Muni Courthouse Continuing Financial System - HR & Payroll Continuing Financial System - Financials Continuing Financial System - Utility & Proj Acctg Replace Richardson Pool Total General (2012) Total Parks (2013) General Proiecfs (New 2013) 2013 New City Hall Cooling Tower Replacement 65,000 Total General (2013) Street Construction (2012 Continuedl Continuing Lewis St Overpass Continuing 4th Ave Corridor- North Segment Continuing 4th Ave South Street Improve Continuing Road 68 Improvements (Phase II) Continuing Oregon Ave (SR397) - Entrance (Ph 2 Intersection) 2012 Supp New Oregon Ave (SR397) - Phase 1 2012 Supp New Oregon Ave (SR397) - Phase 2 Continuing Powedine Road Continuing Road 68 Widening - South of 1 -182 2012 Supp New Argent Road (Road 44 to 20th Ave) 2012 Supp New St Ignatius Street 2012 Supp New LID#149 Kurtzman - STREETS Continuing Alley Hard Surfacing (Chip Sealing) Continuing 2011 STP Grant Overlays 2012 Supp New 4th Ave Block Wall 2012 Supp New ADA Access Handicap Ramp Retrofit 2012 Supp New Interconnect Road 68 Signals Total Street Construction (2012) Street Construction (New 20131 2013 New Lewis St One Way Couplets 2013 New Rd 100 Widening Ph I - Sidewalk Extension Total Street Construction (2013) Water Construction (Continued 2012) Continuing Columbia Water Supply Project Continuing 2011 Fifirat Plant Improv (Storage Bldg) Continuing Water Fill Station 2012 Supp New Broadmoor Transmission Waterline CIP Budget Park & Facilities (2012 Continued) Continuing Animal Shelter Facility 2012 Total Parks & Facilities (2012) Prot Park & Facilities (New 20131 2013 New 30 Acre Park 2013 New Replace Kurtzman Pool 2013 New Memorial Playground Equipment 2013 New Replace Richardson Pool 230,400 Total Parks (2013) Street Construction (2012 Continuedl Continuing Lewis St Overpass Continuing 4th Ave Corridor- North Segment Continuing 4th Ave South Street Improve Continuing Road 68 Improvements (Phase II) Continuing Oregon Ave (SR397) - Entrance (Ph 2 Intersection) 2012 Supp New Oregon Ave (SR397) - Phase 1 2012 Supp New Oregon Ave (SR397) - Phase 2 Continuing Powedine Road Continuing Road 68 Widening - South of 1 -182 2012 Supp New Argent Road (Road 44 to 20th Ave) 2012 Supp New St Ignatius Street 2012 Supp New LID#149 Kurtzman - STREETS Continuing Alley Hard Surfacing (Chip Sealing) Continuing 2011 STP Grant Overlays 2012 Supp New 4th Ave Block Wall 2012 Supp New ADA Access Handicap Ramp Retrofit 2012 Supp New Interconnect Road 68 Signals Total Street Construction (2012) Street Construction (New 20131 2013 New Lewis St One Way Couplets 2013 New Rd 100 Widening Ph I - Sidewalk Extension Total Street Construction (2013) Water Construction (Continued 2012) Continuing Columbia Water Supply Project Continuing 2011 Fifirat Plant Improv (Storage Bldg) Continuing Water Fill Station 2012 Supp New Broadmoor Transmission Waterline CIP Budget Increase New CIP Budget 2012 (Decreasel Prot 2013 70,000 30,000 - 100,000 - 3,105,292 - 3,105,292 170,120 - - 170,120 197,940 - - 197,940 113,230 109,800 223,030 - 230,400 - 230,400 551,290 3,245,092 3,796,382 220,000 220,000 220,000 220,000 203,000 203,000 203,000 203,000 - - 360,000 360,000 - - 250,000 250,000 - - 70,000 70,000 5,000 5,000 - 1,357,126 454,200 685.000 685,000 6,359,438 (588,495) - 5,770,943 470,140 278,710 - 748,850 1,200,000 157,126 - 1,357,126 454,200 212,763 - 666,963 220,000 (132,960) - 87,040 - 230,400 - 230,400 - 194,560 - 194,560 65,000 850,907 - 915,907 80,000 (80,000) - - - 2,500,000 - 2,500,000 - 105,300 - 105,300 - 758,799 - 758,799 80,000 80,000 - 160,000 980,000 136,152 - 1,116,152 - 30,000 - 30,000 - 182,240 - 182,240 _ 200.000 200,000 9,908,778 5,115,502 15,024,280 215,600 215,600 18,000 16 000 233.600 233,600 579,000 (7,727) - 571,273 100,000 5,300 - 105,300 200,000 (95,096) - 104,904 - 1,188,800 - 1,188,800 Status Protect Title Continuing Water Line Replace - Rd 56 (Court & Sylvester) (Decrease) Project Total Water Construction (2012) 204,000 Water Construction (New 20131 2013 New Annual Water Line Upsize Match 2013 New 2013 -2017 Butterfield Plant 2013 New East Site Booster Station Upgrade (SS 2.1) 2013 New 2013 Meter Replace & Cross Connect 2013 New Com'I /US 12 /1-ewis St Water Line Total Water Construction (2013) Sewer Construction (2012 Continued) Continuing Lift Station - Commercial & Kahlotus Hwy 2012 Supp New Commercial & Kahlotus Swr Ext - South Continuing NW Common Litt Stations 2012 Supp New Road 44 Sewer Odor Control Continuing 2012 Annual Sewer Re- Lining - 5th Ave Total Sewer Construction (2012) Sewer Construction (New 20131 2013 New 2013 W WTP Imp - Screw Press 2013 New Riverview Pump Station 2013 New 2013 Annual Sewer Line Re- lining Program 2013 New 2013 Annual Sewer Line Extensions Total Sewer Construction (2013) PWRF Construction (2012 Continued) 2012 Supp New PWRF Plant Expansion, Phase 1 2012 Supp New PWRF Plant Expansion, Phase 2 Total PWRF Construction (2012) PWRF Construction (New 20131 2013 New BOD Reduction and Storage, Phase 3 Total PWRF Construction (2013) 5tormwater Construction (2012 Continued) 2012 Supp New LID9149 Kurtzman - STORM 2012 Supp New LID#_ Riverview Estate 5tormwater Total 5tormwater Comet (2012) Irrigation Construction (2012 Continued) Continuing USBR Irdg Connection Continuing Well House - Linda Loviisa 2012 Supp New Linda Loviisa Well Rehabilitation Total Irrigation Construction (2012) Irrigation Construction (New 20131 2013 New 2013 Annual Irrigation Line Extensions Total Irrigation Construction (2013) TOTAL CIP BUDGET TOTAL 2012 CONTINUING TOTAL 2013 NEW TOTAL CIP BUDGET CIP Budget Increase New CIP Budget 2012 (Decrease) Project 2013 204,000 1,600 205,600 1,083,000 1,092,877 2,175,877 - 75,000 75,000 - - 1,200,000 1,200,000 - - 210,000 210,000 - - 150,000 150,000 607.000 507,000 2,142 000 2,142,000 1,100,000 271,990 - 1,371,990 - 1,727,609 - 1,727,609 71,000 (294) - 70,706 - 41,000 - 41,000 410,000 (195,000) 215j000 1,581,000 1,845,305 3,426,305 - - 1,685,000 1,685,000 - - 50,000 50,000 - - 695,000 6951000 200,000 200,000 2,630,000 2,630,000 21532,781 - 2,532,781 940,000 940,000 3,472,781 3.472.781 1,350,000 1,350 000 1,350,000 1,350,000 45,000 - 45,000 115,000 115,000 160.000 160,000 2,402,000 97,843 - 2,499,843 60,000 - - 60,000 CLARK, 163,339 163,339 2,462,000 261,182 2,723182 100,000 100,000 100,000 100,000 15,789,068 15,192,739 7,360,600 38,342,407 15,789,068 15,192,739 - 30,981,807 7,360,600 7,360,600 15,789,068 15,192,739 7,360,600 38,342,407 Section Two: This Ordinance shall be in full force and effect on January 1, 2013 PASSED by the City Council of the City of Pasco this 17th day of December, 2012. ATTEST: DEBRA L. CLARK, CITY CLERK MATT I 1 MAYOR APPROVED AS TO FORM: LELAND B. KERR. CITY ATTORNEY TO: City Council FROM: Gary SUBJECT: Ambulance I. REFERENCE(S): AGENDA REPORT with Fire District No. 3 1. Addendum to Interlocal Cooperation Agreement December 14, 2012 Regular Mtg.: 12/17/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/17: MOTION: I move to approve the Addendum to the Interlocal Cooperation Agreement and, further, authorize the Mayor to sign the Agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The city has extended ambulance service to Fire District No. 3 since the late 1990s under a contract fee which recently amounted to about $30,000 annually. In addition to the contract fee, the city bills the "transport fee" to any user of the service. B) The City Council, in April of this year, increased the "availability charge" to $6.25 /month (effective January 2013) for all households and businesses within the city, in order to generate sufficient funds to reduce the general fund subsidy to the ambulance fund by approximately 50% (back down to $400,000 annually). In doing so, Council noted that District No. 3 should be required to pay a contract fee equivalent to the availability charge for all households within the District. That fee would amount to approximately $180,000 for 2013. C) City staff recommended and City Council agreed in June to provide ambulance service for 50% of the fee otherwise required to be comparable to the city charge ($90,000 for 2013). The Council action was taken in recognition of the District's desire for time to pursue its financial options, including the possibility of an EMS levy. V. DISCUSSION: A) As Council may know, the District submitted an EMS levy to its voters on the November 2012 ballot; the result was 60% voted no. B) District representatives and city staff have recently discussed options to continue the service in 2013, but the District feels it needs more time to determine its options. Staff recommends Council extend the current ambulance service contract (and contract rate) through January 2013, thus providing one additional month for District representatives and city staff to complete their effort. 10 (a) Addendum to Interlocal Cooperation Agreement between City of Pasco and Franklin County Fire Protection District No. 3 This Addendum to the Interlocal Cooperation Agreement is made and entered into this day of December, 2012, by and between the City of Pasco ( "City ") and Franklin County Fire Protection District No. 3 ( "District'). WHEREAS, City, pursuant to Section Five of the Interlocal Cooperation Agreement between the City and District dated November 16, 1998, for the provision of emergency medical services, provided District written notice of contract termination by way of letter dated December 14, 2011, such termination to occur on December 31, 2012; and WHEREAS, City and District now agree that the termination date should extend to January 31, 2013, to permit District additional time to determine its preferred option for delivery of emergency medical services within the District; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Section 1. That the December 14, 2011 letter of termination notice (copy attached), is hereby modified to provide for expiration of the contract on January 31, 2013, pursuant to Section Five of the referenced Interlocal Agreement. Section 2. That District hereby agrees to pay City the amount of $2,800.00 (TWO THOUSAND EIGHT HUNDRED DOLLARS) not later than January 5, 2013, for the additional month of service availability. Failure to timely make such payment shall be cause for immediate termination of service to District. IN WITNESS WHEREOF, the Parties have entered into this Addendum to the Interlocal Cooperation Agreement by its duly authorized officers on the day and year first written above. CITY OF PASCO Matt Watkins, Mayor FRANKLIN COUNTY FIRE DISTRICT NO, 3 Tom Hughes, Chairman Addendum to Interlocal Cooperation Agreement City of Pasco and Franklin County Fire Protection District No. 3 Page 1 of 2 STATE OF WASHINGTON ss. County of Franklin On this day personally appeared before me, Matt Watkins, Mayor of the City of Pasco, to be known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this _ day of , 20_. NOTARY PUBLIC in and for the State of Washington, residing at _ My Commission expires on: STATE OF WASHINGTON ss. County of Franklin On this day personally appeared before me, Tom Hughes, Chairman, Franklin County Fire District No. 3, to be known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this _ day of , 20—. NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires on: Addendum to Interlocal Cooperation Agreement City of Pasco and Franklin County Fire Protection District No. 3 Page 2 of 2 CITY MANAGER (509) 545 -3404 / Fax (509) 545 -3403 P.O. Box 293, (525 North 3rd Avenue) Pasco, Washington 99301 / www.pasco- wa.gov December 14, 2011 Todd Blackman, Chairman Franklin County Fire District No. 3 Board of Commissioners 2108 N. Road 84 Pasco, WA 99301 RE: Ambulance Service Contract Dear Chairman Blackman: Please be advised that the Pasco City Council will consider an updated cost of service analysis for its ambulance utility early next year. It is certain to increase the availability charge paid monthly by Pasco residents and the transport fee may be adjusted as well. As those changes are implemented, the annual fee for ambulance service to your district must also be adjusted. The current agreement does not provide for adjustment of the contract fee, other than through the annual CPI factor. As that will not allow the kind of adjustment expected, the only option for Pasco is to advise the District now that it must terminate the contract effective December 31, 2012 (the current agreement requires one -year written notice for termination). Termination can be avoided, however, if the District and Pasco can agree on a revised contract fee prior to the termination date. To that end, please also consider this letter an invitation to discuss the revised costs as soon as the Pasco City Council has adopted its changes (expected in February or March 2012). Please feel free to contact me or Chief Gear to advis GC /tlz cc: City Council Chief Gear Finance Manager preference. AGENDA REPORT FOR: City Council I December 12, 2012 TO: Gary Crutchfiel , Manager Regular Mtg.: 12/17/12 FROM: Dunyele Masorj, Financial Services Manager SUBJECT: Financial Software Replacement Project I. REFERENCE(S): 1. Financial System Procurement Memorandum 2. Proposed Agreement (Council packets only; copy available for public review in the Finance Manager's office, the Pasco Library or on the City's webpage at www.nasco- wa. og v/citvcouncilreports) II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 12/17: MOTION: I move to approve the Agreement with New World Systems authorizing professional services and acquisition of software licenses for financial, payroll, human resources and utility billing software systems not to exceed $596,000 and further authorize the City Manager to sign the Agreement. III. FISCAL IMPACT: A) $591,090 Included in 2012 CIP Budget. IV. HISTORY AND FACTS BRIEF: A) The city's current financial software vendor purchased a new software company in April 2011 and announced it did not intend to re -write the current system (GEMS) to keep current with changes in technology. The GEMS system was purchased in 2003 and will be twelve years old when fully replaced. B) The Financial System Replacement project was created to obtain a suitable replacement for the GEMS system and to migrate in an orderly fashion to a new software system. Migration to a replacement system is expected to take 2 -3 years. The software suites to be replaced are the Financial Suite, Human Resources/Payroll Suite and the Utility Billing Suite. C) The city investigated five software systems from established vendors in the governmental software market. Of those five only one software product, the New World System, met both the technological and functional specifications as well as the city's goal of maximizing software life -cycle (the time between original purchase and the time a replacement software system is required). D) The solution proposed by New World Systems is $596,000. The next ranked product was MUNIS; which proposed a cost of $664,000. V. DISCUSSION: Please see attached the Financial System Procurement Memorandum. Based on the research and analysis performed, staff recommends the city enter into Agreement with New World Systems not to exceed $596,000. Attached is the current draft of the Agreement. The Agreement is still in negotiation. The final Agreement is expected to be available on Monday, December 17. 10(b) Financial System Procurement Memorandum Date: December 12, 2012 To: Gary Crutchfield, City Manager From: Financial System Selection Committee: Stan Strebel Rick Terway Lynne Jackson Jesse Rice Dunyele Mason Subject: FINANCIAL SOFTWARE RECOMMENDATION RECOMMENDATION: The Financial System Selection Committee recommends the software purchase from New World Systems software vendor at a contract cost of $596,000. Additional project hardware and related licensing costs are estimated at $66,000 and taxes of $23,445 for a total revised estimated project cost of $685,445. The current project budget is $591,000 and a 2013 supplemental CIP adjustment of $94,445 is needed. The revised project costs include software licenses, tax on licenses, training services, data conversion services, vendor travel costs and hardware costs. The modules included in this project are as follows: • Financials (General Ledger, Accounts Payable, Accounts Receivable, Fixed Assets, Purchasing, Projects, CAFR, Centralized Cashiering, Budget) • Personnel (Payroll, Human Resources, employee self - service, de- centralized time entry) • Utility Billing (Billing, E- services, Parcel Manager) This project amount does not include Community Development (e.g. building permits, licenses), Work Order, Inventory, Applicant Tracking as further evaluation of the city's current software, potential vendor product alternatives and GIS direction is recommended. The software vendor recommended above offers these additional modules (with full integration) if the city later decides the selected vendor products are the prudent choice. These options are listed as contract alternatives and pricing is fixed for 18 months from contract date. ANALYSIS SUMMARY: The two criteria considered as critical for product selection were technology and functionality (see more discussion below). Cost was then considered as important, but not determining criteria. We have not discovered any perfect software systems. The choice therefore is based on whether certain critical minimum functionalities exist, whether most of the desired capabilities are present, user presentation/ interaction and whether processes would consume more or less time than the current system to carry out similar tasks. The New World software is ultimately recommended as it met the technological and functional requirements and was also a lower cost solution than MUNIS (offered by Tyler and considered a distant second choice). The New World product provides functionality that significantly surpasses the current GEMS functionality, comes from an experienced software vendor with a proven track record of investing in keeping the software technologically current, and has a higher level of vendor support services than the other vendor options. Financial System Procurement Memorandum Innoprise (offered by Harris, our GEMS vendor) was a substantially lower priced option, but did not meet several important minimum financial system functionality criteria. Additionally, the user interface for financial and utility systems were considered to be significantly more difficult for operational department use than other software options. Thus the city would be better off staying with GEMS (and not spend anything) than to move to this system which didn't offer all of the current GEMS functionality. DECISION FACTORS & ANALYSIS: • Background. o Harris' (vendor) GEMS (product) is the software system the city currently uses for financial and payroll processes. Last year Harris announced that it would shift to minimal continued development of the GEMS product as GEMS uses old programming. Instead of committing resources to re- writing the GEMS program, in April 2011 Harris spent resources to purchase the Innoprise software system (which is written using more current programming). Since the city would eventually need to migrate from the GEMS system to a new system (GEMS no longer meets the minimum technology requirements as it has a limited future life), the city entered into a process to assess a variety of software systems to determine which one would best meet the city's current and future needs. Three criteria were balanced to form the above recommendation: 1) Technology; 2) Functionality and 3) Cost. • Technology o Modern technology was weighted as a significant factor in evaluating the life - cycle costs of the software purchase. Since it takes an estimated 2 -3 years to fully implement software finding a product that is written in the newest, proven technology is expected to provide the city the longest "stability period" between software implementations. The technology review included the following considerations: Life Cycle Underlying Programming Technology Hardware Requirements MS Licensing Requirements 3rd Party Software requirements Customer Support Availability\Hours User \Module Licensing User Application Interface (browser vs. application) Reporting Services and Capability Document Management IS Support Workload\Requirements (based on all factors) o New World is 100% written in "dot net "(a contemporary programming language); is browser based; runs on a SQL data base and is considered a current, compatible and modem software solution. This company declined to participate in the RFP process but upon request, provided a city demonstration of the payroll, OA Financial System Procurement Memorandum utility billing and financial systems and a follow up call regarding technical specifications. This system meets the minimum technology requirements and is expected to provide the maximum "stability period ". New World has been in business for over 30 years. Its business model is to maintain and technologically develop a single product. This business model contrasts with other vendor business models (such as Harris & Tyler) which continue their business through acquisition of new and various, software companies and abandonment of software systems that become technologically obsolete. New World has a proven track record of being a leader in updating their product through significant technological changes. This business model is expected to provide a longer "stability period" between software implementations as compared to the Harris & Tyler business models. o Innourise system is 100% written in java (a contemporary programming language); is browser based; runs on a SQL data base and is considered a current, compatible and modern software solution. This company declined to participate in the RFP process but upon request, provided demonstration of the payroll, utility billing and financial systems and a follow up call regarding technical specifications. This system meets the minimum technology requirements and is expected to provide an acceptable "stability period ". MUNIS is 20% written in "dot net" (a contemporary programming language)and 80% written in older programming languages; is browser based; runs on a SQL data base and is considered a compatible software solution. This company did participate in the RFP process and provided a city demonstration of the payroll, utility billing and financial systems and a follow up call regarding technical specifications. This company is willing to contractually commit to the continued updating and re- writing of the rest of their system but the old programming is considered an added element of risk and volatility to the post implementation ( "stability period ") as the software is re- written, upgraded and rolled out over time and /or the risk of obsolescence if old programming is left in the system. The "stability period" of this option is considered acceptable but not the most desirable. MUNIS is owned by Tyler Technologies. Tyler's business model is to continue their business through acquisition of new and various, software companies and abandonment of software systems that become technologically obsolete (e.g. abandonment of the Eden system). So while Tyler offers transfer to new product solutions without re- licensing fees, the city still incurs financial (data conversion, consulting and training) costs as well as operational costs to implement new software. o EDEN is written in old programming language; is not browser based; runs on a SQL data base and is considered a compatible software solution. However, the company is not committed to re- writing this software in a modern language and so the "stability period" of this option could be as short as four years. This 3 Financial System Procurement Memorandum company did provide a city demonstration, and the solution was well received from both functional and cost considerations, however it was decided that it did not meet the minimum life -cycle "stability period" consideration and will not be discussed further. o SUNGUARD is written in a mix of old programming languages; is browser based; runs on a SQL data base and is considered a compatible software solution. However, the company is not committed to re- writing this software in a modern language and so the "stability period" of this option was not considered acceptable. This company did not provide a city demonstration and will not be discussed further. • Functionality o New World system functionality was evaluated by Payroll, Human Resources and Finance staff. This system appears to meet the minimum criteria for all areas and surpasses the city's current software system (GEMS). The overall functionality of this system was rated as first choice. Innoarise system functionality was evaluated by Payroll, Human Resources and Finance staff. This system appeared to meet the minimum criteria for Payroll and Human Resources functions but did not meet the minimum criteria for several financial areas (e.g. project accounting, fixed assets, CAFR, position budgeting). There were concerns with several other areas as well as to whether the system was robust enough and built out enough to adequately meet the city's needs. Harris purchased the system less than 2 years ago and has undergone a process to determine where the GEMS functionality exists that does not exist in Innoprise. With an install base of only 75 companies nation -wide (none of which have been identified to be successfully using the full Innoprise suite of programs); it is considered a significant risk that the full minimum functionality exists in the system now or in the near future. The functionality of this system was rated as not acceptable. MUNIS system functionality was evaluated Finance staff. This system appears to meet Some limiting factors were identified in this no user defined fields in cube reporting, etc.', own, nevertheless made this overall sy: functionality. • Cost by Payroll, Human Resources and the minimum criteria for all areas. system (e.g. monthly close process, which, not insurmountable on their tem second choice in terms of o Project cost, comparisons included costs of licensing, training, professional consulting, data conversion and subsequent year software maintenance. Pricing, while a relevant consideration, was weighted less than technological and functional considerations. C! Financial System Procurement Memorandum o New World offered significant discounts if a contract was entered into before December 31, 2012 and for agreeing to be a demonstration site in the future for other prospective New World customers. The total package (licensing, consulting, data conversion, travel and training) cost for this solution was $555,000. o Innoorise had a significant cost advantage over the other systems since it is owned by the city's current software vendor. This vendor was willing to provide software licenses for modules currently licensed in the GEMS system for free and charge for new software modules, data conversion and other professional services. Preliminary information indicates this option would have been in the $330,000 range. (Total pricing for this package would have been approximately $500,000 without Harris' "Software for Life" policy). o MUNIS responded to the city's RFP with a total package price of $664,000. Negotiations for additional pricing discounts may have been possible but were not pursued as this system was not considered as beneficial to the city as the New World system based on technological and functional qualifications. PROCESS: • The city issued a request for proposal (RFP) on 4/23/12 with a response due date of 6/7/12. Invitations to propose were sent to Harris, Tyler, SunGuard and New World Systems. Tyler responded with two product solution proposals: the EDEN and MUNIS software systems. The other vendors declined to respond with proposals. On -site software demonstrations were set up for MUNIS on 7/25/12 & 7/26/12 and for EDEN on 8/2/12. Various city departments attended sessions related to their functional areas. Written feed -back was received from participants at the end of each demonstration. Feedback indicated the City Clerk, Permitting and Code Enforcement divisions did not favor moving to either vendor's software and preferred to remain with the Trak -It software if given the choice. The other participants (representatives from Police, Fire, AC &S) did not clearly favor EDEN or MUNIS and indicated they could live with either choice. Finance, Payroll and Human Resources had a clear preference for EDEN. • Another 2 hour follow up MUNIS web -ex demonstration occurred on 8/30/12 to provide payroll and human resource personnel a chance to get a more focused view of those systems. Another 6 hour follow up MUNIS demonstration occurred on 11/2/12 to review the financial systems. This was set up in lieu of site visits to a live location as the three cities in Washington that use this software were several versions behind the latest version and therefore did not have all the latest functionality in place. • On 11/5/12 New World provided an 8 hour demonstration of financial, human resources, and utility billing systems. Financial System Procurement Memorandum • On 11/13/12 & 11/14/12 Finance Manger performed extensive phone interviews with the City of Turlock, CA which was provided as a New World reference as a city similar in size and complexity as the City of Pasco. Interviews covered the functionality of the financial and utility billing systems. • On 11/19/12 and 11/20/12 Finance, Human Resources and Payroll personnel visited Whitman County which was provided as a New World reference for a Washington government which was live on their software system. • On 11/27/12 & 11/28/12 Finance Manager reviewed written training and implementation guides for the Innoprise financial, security and utility billing systems. • On 11/30/12 Finance Manager did reference /functionality conference call with the City of McMinnville, OR. This was a city that was not provided as a reference but was done as a "cold call" to a New World system user. • On 12/4/12 Finance, Human Resources and Payroll personnel did reference /functionality conference call with the City of McMinnville, OR covering the payroll and human resource functions. • On 12/5/12 Finance Manager performed extensive phone interviews with the City of Burnsville, MN which was provided as a New World reference as a city similar in size and complexity as the City of Pasco. Interviews covered the functionality of the financial and utility billing systems. • On 12/7/12 Information Systems, Finance, Human Resources and Payroll personnel attended a 4 hour demonstration of the Innoprise system. • On 12/10/12 Information Systems, Finance (accounting and utility billing) personnel attended a 4 hour demonstration of the Innoprise system. • On 12/13/12 Human Resources and Payroll personnel have planned a reference /functionality conference call with the City of Burnsville covering the payroll and human resource functions. n AGENDA REPORT FOR: City Counci December 11, 2012 TO: Gary Crutchfi i anager Regular Mtg.: 12/17/12 FROM: Rick Terway, rector, Administrative & Co Services SUBJECT: Boat Basin Marina Interim Agreement I. REFERENCE(S): 1. Proposed Interim Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/17: MOTION: I move to approve the Interim Agreement with Columbia Marine Center and authorize the City Manager to sign the agreement. III. FISCAL IMPACT: Potential expense of approximately $40,000 - Boat Basin Fund/General Fund IV. HISTORY AND FACTS BRIEF: A) Earlier this year City Council authorized staff to issue an REP for a Boat Basin Manna Operator. The City, in conjunction with the Port of Pasco and Tri- Cities Rivershore Enhancement Council, completed two separate plans to identify and recommend improvements to the Pasco Boat Basin as well as other areas along the rivershore. These improvements were a major focus in the RFP as the City moves forward in its efforts to improve the public's connection to the river. B) We received one proposal that fits the City's goal to improve the operation of the Boat Basin. V. DISCUSSION: A) Staff is in negotiations with Columbia Marine Center for operating the business located at the Pasco Boat Basin. This process could exceed 90 days to complete negotiations and get approval from the USACE. Therefore, we need to enter into an "Interim Agreement" for the short term. The City and the prospective operator want to make this transition as seamless as possible. B) The City has obtained additional covered docks that were acquired from Clover Island Yacht Club, as well as the permit to install the docks at the boat basin. These docks need to be secured with pilings and the permit requires work to be completed from December 15 through February 28. Columbia Marine Center will facilitate this under the Interim Agreement. The agreement also covers all costs associated with the moving and installation of the new docks should an agreed upon long term lease fail. C) The current operator is vacating the premises as of December 14, 2012. The Interim Agreement would allow the new operator to start taking the necessary steps to get the new operation underway and provide the security and insurance to cover any issues that may occur until the formal lease is approved. D) Staff recommends approval of the Interim Agreement. 10(c) MARINA INTERIM AGREEMENT THIS MARINA TRANSITION AGREEMENT is effective December 15, 2012, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City ", and JT &T. LLC, a Washington Limited Liability Company, doing business as Columbia Marine Center, hereinafter referred to as "Columbia" and collectively the "Parties." WHEREAS, the City has by lease with the Corps of Engineers maintained a public marina within the Pasco boat basin located in Pasco, Washington (hereinafter the "Premises" or "Pasco Boat Basin "); and WHEREAS, the City has leased marine services for the Pasco Boat Basin which present lease expires effective December 14, 2012; and WHEREAS, the City has sought, and Columbia has responded to a Request for Proposal for a new lease of the Pasco Boat Basin with Columbia having submitted the apparent accepted proposal; and WHEREAS, the parties are in the process of negotiating a Sublease for the Premises subject to the approval of the United States Department of the Army Corps of Engineers; and WHEREAS, the City has an opportunity to acquire additional covered moorage for the Premises and it is the desire of Columbia to prepare for its occupancy of the Premises and facilitate its development plan; and WHEREAS, the parties wish to enter into an interim agreement allowing Columbia to occupy the Premises until the execution of a sublease agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: 1. Authorization. Commencing December 15, 2012, the City hereby authorizes Columbia to enter into the Premises for the purposes of exercising its right of cleanup and expansion, including the receipt and storage of additional docks and provide marina management services including the performance of such other acts as a marine services subtenant of the Premises. 2. Term. This Agreement shall commence on the 15th day of December, 2012, and shall continue until such time as a Sublease has been negotiated between the Parties and approved by the United States Department of Army Corps of Engineers, or, July 1, 2012, whichever shall first occur, unless extended by written mutual agreement between the Parties. 3. New Docks. The City has secured its rights of acquisition of thirty (30) covered moorage docks from the Clover Island Yacht Club with permission from the Corps of Engineers to transport the docks for installation at the Pasco Boat Basin. Columbia shall acquire, transport and install the docks including the installation of pilings for their permanent location at the Pasco Marina Interim Agreement - 1 Boat Basin. Upon execution of the Sublease as provided below, the new covered moorage, including their installation shall be incorporated as a portion of the Capital Development Plan, subject to the new lease, and available for rental for the benefit of Columbia. Columbia, therefore, agrees to pay the costs of transporting and installation of the docks not to exceed $40,000. hi the event the parties do not enter into a Sublease of the Premises, the City shall pay to Columbia as full reimbursement of its costs for the transfer and installation of the docks, including ownership interest therein, Columbia's actual expenses incurred. 4. Negotiated Sublease. The parties agree to negotiate in good faith a Sublease of the boat basin from the City to Columbia in a form acceptable to the United States Army Corps of Engineers and subject to their approval. Such lease shall be for an initial term of ten (10) years with two 10 -year renewable terms. A reasonable rental rate shall be negotiated between the parties as incorporated in the Sublease. In the event the parties are unable to negotiate a mutually agreeable Sublease, or a Sublease approved by the United States Department of the Army Corps of Engineers, the parties may terminate their relationship, and the City shall compensate Columbia, in addition to payment for the new covered moorage as provided above, all documented and reasonable Capital Improvement expenses incurred by Columbia and authorized by the City, in writing, in the performance of this Agreement to the extent that such expenses exceed the slip rentals as received by Columbia as provided in Section 6 below. 5. Rent. Columbia agrees to pay the City rental for the Premises in the sum of One Thousand Two Hundred Dollars ($1,200.00) per month in advance, commencing on the 1st day of January, 2013. 6. Slip Rentals. Columbia shall be entitled to slip and moorage rental income, including moorage fees from the new docks identified in Section 3 as they become available for rental beginning January 1, 2013, except for two slip agreements with tenant Faubion and tenant Smith, whose slip rental is paid until August 2013 and October 2013, respectfully. Columbia shall not accept nor collect slip rentals for any period extending beyond the term of this Agreement. 7. Insurance. During the term of this Agreement, Columbia shall defend, indemnify and hold the City harmless from any claim or cause of action, damages, injury, death or criminal or administrative penalties that may result from its negligent acts or omissions in the performance of the Agreement. This shall not apply to such claims or cause of action, damages, injury, death or criminal or administrative penalties resulting from the sole negligence of the City. Columbia shall secure and maintain during the term of this Agreement, liability and casualty insurance in the amount of $1,000,000 per occurrence, with a general aggregate limit of $2,000,000 naming the City as an additional insured. 8. No Liens. Columbia shall defend, indemnify and hold the City harmless from any claims for liens that may attach to the Premises as a result of services, materials, or security interests incident to improvements upon the Premises provided at the request of Columbia and as authorized by the City. Marina Interim Agreement - 2 9. Independent Contractor. Columbia shall be an independent contractor and shall not be construed as an employee, officer, or agent of the City. Columbia shall control the management and operation of the marina services during the term of this Agreement. 10. Underlying Lease. Columbia acknowledges the City is subject to an underlying Lease on the Premises from the United States Department of the Army Corps of Engineers, and further agrees during the term of this Agreement, it shall perform and comply with all obligations and performances required of the City as Lessee thereunder. 11. Dispute Resolution. In the event of a dispute regarding the terms, interpretation or breach of this Agreement, the parties shall first meet in a good faith to resolve the dispute. In the event the dispute cannot be resolved by agreement of the parties either with or without the assistance of mediation, said dispute shall be resolved by arbitration pursuant to RCW 7.014A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue being placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 12. Entire Agreement. This Agreement contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hand as of the date first written above. CITY OF PASCO JT &T, LLC d/b /a COLUMBIA MARINE CENTER Gary Crutchfield, City Manager Approved as to Form: Leland B. Kerr, City Attorney Marina Interim Agreement - 3 STATE OF WASHINGTON ) :ss County of Franklin ) On this day personally appeared before me GARY CRUTCHFIELD, City Manager for the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of December, 2012. Notary Public in and for the State of Washington Residing at My Commission Expires STATE OF WASHINGTON) :ss County of Franklin ) On this day personally appeared before me for JT &T, LLC, d/b /a Columbia Marine Center, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of December, 2012. Notary Public in and for the State of Washington Residing at My Commission Expires Marina Interim Agreement - 4 AGENDA REPORT TO: City Councicc, December 14, 2012 FROM: Gary Crutch Manager Regular Mtg.: 12/17/12 SUBJECT: Purchase and Sile Agreement: 5 Acres on East Broadway Street I. REFERENCE(S): 1. Vicinity Map 2. Site Location Map 3. Proposed Purchase and Sale Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/17: MOTION: I move to ratify the Purchase and Sale Agreement dated December 12, 2012 with Conn and Lois Higley for five acres on East Broadway Street. III. FISCAL IMPACT: $170,000 approximate IV. HISTORY AND FACTS BRIEF: V. A) The city owns about 12 acres on the south side of East Broadway Street, two blocks east of Oregon Avenue (see reference #1). The property has long been used as Highland Community Park. B) The owners of property immediately west of Highland Park advised the city recently of their intent to sell the 5.2 acre parcel (see reference #2). C) Staff obtained a Purchase and Sale Agreement (reference #3) to acquire the property, subject to Council approval. A) The subject property is separated from Highland Park only by an unimproved right -of -way (California Avenue). Staff believes the right -of -way can be vacated if the subject property is developed as one parcel, thus not requiring access to the southern portion. Construction of California Avenue would likely cost about $150,000 for owners on each side of the street; thus the proposed purchase price is about half the cost of street improvements which could be avoided entirely by the city's acquisition of the subject property. B) The proposed purchase price of $160,000 reflects the current value as assigned by the Franklin County Assessor's office and has been the basis for the owner's property tax assessment. Staff believes the price to be fair and supported by the assessor's assignment of value. The agreement provides the city 30 days to investigate the property and title condition. The seller's only recourse for failure of the city to close, without valid reason, is forfeiture of $1,500 earnest money. C) Staff recommends Council approval of the Purchase and Sale Agreement. 10(d) W�r�� �./'��' } q- Reference #1 ir { l ff r°JA 1 �I� - 1�.�. IN rr� I ?. w__�(('�(((( ra af yt rjj�" 5!° t li :�i rxJ'`I3J Ir. f :! I If Ik 1212, 1 �Xmq T F hrtt±* t r. ixra¢K d€trh ' Y a 11 ` ' - ..., i�tkttltt ,Tro'!'rxFpt J7£Fk"�'. e - -' 1~ A y. i•,La)i vif�li �< `'r , f %n a .. A' f� �.�>"�„ �F�-�- v��'.k 'S 3F'�gfF " -,r r r•._ `1 �� �� - F,r .:! .w t "'*� r. M�\ C -�a �l�sb• I� +� 1 5d-dQ, IV CAI IJ- '( �.�fi.• 1,�p ♦� y" .•..�:- - � 1 ' y rte. a., �y� a `lit,• ' y �.A 1 r P fu 0 lo t, r T 1tii 4 1 `l kk �A 3r AL 51717 f, vIa y,�ft„•'r "li p1 \, r— 6 .•(� � <.. I% J �. Ij l ?s x t� WN .4 cum" OW13 kk Fit IV .. _ a t ok hF€ f�l �;.�wa.Wgi,,�; *Y41i7'r `.'��4'•4G.LM1 1�5. Y. y'`, y."jfti( :I(" rr Irk kk WWI- IF I IL dye fig W wAYPYY''�3 -'. C•.. 2 ' , e-•:, Z....:. a : � SpoY,A� / \� Reference #2 PROPERTY OWNERSHIP N r' Tij�� Et. /? E. GEORGE ST O-- - a'3FCouvty Welch l Soto Lo a q ; y a� f E. ALVINA ST y -L Reference #3 Form 25 ®Copyright 2011 vacant Land Purchase & Sale Northwest Multiple Listing Service Rev. 8111 ALL RIGHTS RESERVED Page f of 5 MLS Office No. VACANT LAND PURCHASE AND SALE AGREEMENT SPECIFIC TERMS 1. Date: December 12, 2012 MILS No.: Not Listed 2. Buyer; City of Pasco 3. Seller: Conn E Higley, Lois Higley 4. Property: Tax Parcel No(s).: 112102019 & 028 ( Franklin County) Street Address: NKA E. Broadway Street Pasco Washington 99301 Legal Description: Attached as Exhibit A. 5. Purchase Prim; $ 160 r 000.00 6. Earnest Money: (To be held by p Selling Firm; ® Closing Agent) Personal Check: $ 1 t 500.00 ; Note: $ ; Other( ): $ 7. Default: (check only one) E Forfeiture of Earnest Money; [3 Sellers Election of Remedies B. Title Insurance Company: Benton Franklin Title_ 9, Closing Agent ❑ a qualified closing agent of Buyer's choice; E Benton Franklin Title (J Sue Pope) _ 10. Closing Date: January 31, 2013 _ It Possession Date: ® on Closing; ❑ Other 12. Offer Expiration Date: December 14 2012 13. Services of Closing Agent for Payment of Utilities: p Requested (attach Form 22K); E Waived 14. Charges and Assessments Due After Closing: ❑ assumed by Buyer, E prepaid in full by Seller at Closing 15. Subdivision: The Property L3 must be subdivided before � E is not required to be subdivided 16. Feasibility Contingency Expiration Date: E 30 days after mutual acceptance; p Other 17. Agency Disclosure: Selling Broker represents: E Buyer; E] Seller; 0 both parties; neither party Listing Broker represents: [] Seller, ❑ both parties 18. Addenda:17C 22T 34 -1 Buyers Eigliatt)KCity oi; Pasco Date Seller's SignaturOCodG E Higley Q Date City, State, Zip Phone No. Buyers E -mail Address Date Seler's Sign ,Ore $oia Higley IM aIS 7/ 1 s Address G'N l /J/YD 9 atiiq 1 93.50z Cl tate, Zi a9) �h�z�9 //�1 usr° �ma� /gg'�ipsr Phone No. Fax Nom 1"ka 5ellers,•ft -mail Address Lybbert Real Estate .R4 Selling Firm MLS Office No. Listing Finn MLS Office No. Selling Firm's Assumed Name (if applicable) Listing Finn's Assumed Name if applicable) Tracy G Lybbert Selling Broker (Print) MILS LAG No. (509)531 -2361 16881,284 -5068 Phone No. Firm Fax No. Listing Broker(Print) ML5 LAG No Phone No. Firm Fax No. t,ragyly-1&art@, Selling Brokers E -mail Address Listing Broker's Email Address Lybben Real Estate 695 Lake Road Burbank, WA 99323 Phone; 509.531 2361 Fax; 888.284.5048 Tracy Lybben City of Pasco. Pmhwed with riffoniP by Aaog415070 Fifteen Mite Road, Fraser, Whitish 48026 kyaya T_ Form 25 ®Copyright 2011 Vacant land Purchase & Sate VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev. 5111 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance of this Agreement to 5 Selling Broker who will deposit any check to be held by Selling Firm, or deliver any Earnest Money to be held by Closing 6 Agent, within 3 days of receipt or mutual acceptance, whichever occurs later. If the Earnest Money is hell by Selling 7 Firm and is over $10,000.00 it shall be deposited into an interest bearing trust account in Selling Firm's name provided 8 that Buyer completes an IRS Form W -9. Interest if any, after deduction of bank charges and fees, will be paid to Buyer. 9 Buyer shall reimburse Selling Firm for bank charges and fees in excess of the interest earned, If any. If the Earnest 10 Money held by Selling Firm is over $10,000.00 Buyer has the option to require Selling Firm to deposit the Earnest 11 Money into the Housing Trust Fund Account, with the interest paid to the State Treasurer, if both Seller and Buyer so 12 agree in writing. If the Buyer does not complete an IRS Form W -9 before Selling Finn must be deposit the Earnest Money 13 or the Earnest Money is $10,000.00 or less, the Earnest Money shall be _deposited into the Housing Trust Fund 14 Account. Selling Firm may transfer the Earnest Money to Closing Agent at Closing. If all or part of the Earnest Money is 15 to be refunded to Buyer and any such costs remain unpaid, the Selling Firm or Closing Agent may deduct and pay them 16 therefrom. The parties instruct Closing Agent to provide written verification of receipt of the Earnest Money and notice of 17 dishonor of any check to the parties and Brokers at the addresses and/or fax numbers provided herein. 18 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 19 Money to the other party or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent. 20 If either party falls to execute the release form, the other parry may make a written demand to the Closing Agent for the 21 Earnest Money. If only one party makes such a demand, Closing Agent shall promptly deliver notice of the demand to 22 the other party. If the other parry does not object to the demand within 10 days of Closing Agent's notice, Closing Agent 23 shall disburse the Earnest Money to the parry making the demand. If Closing Agent complies with the preceding 24 process, each parry shall be deemed to have released Closing Agent from any and all claims or liability related to the 25 disbursal of the Earnest Money. The parties are advised that, notwithstanding the foregoing, Closing Agent may require 26 the parties to execute a separate agreement before disbursing the Earnest Money. If either parry fails to authorize the 27 release of the Earnest Money to the other parry when required to do so under the Agreement, that party shall be in 28 breach of this Agreement Upon either party's request the. parry holding the Earnest Money shall commence an 29 interpleader action in the county in which the Property is located. For the purposes of this paragraph, the term Closing 30 Agent includes a Selling Finn holding the Earnest Money. The parties authorize the parry commencing an interpleader 31 action to deduct up to $500.00 for the costs thereof. 32 c. Condition of Title. Unless otherwise specified in this Agreement title to the Property shall be marketable at Closing. 33 The following shall not cause the title to be unmarketable: rights, reservations, . covenants, conditions and restocuons, 34 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 35 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Monetary 36 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 37 conveyed by a Statutory Warranty Deed, If this Agreement is for conveyance of a buyer's interest in a Real Estate 38 Contract, the Statutory Warranty Deed shall include a buyers assignment of the contract sufficient to convey after 39 acquired fitie. If the Property has been short plated, the Short Plat number is in the Legal Description. 40 d. Title Insurance, Seller authorizes Buyers lender. or Closing Agent, at Sellers expense, to apply for the then - current 41 ALTA form of standard form owner's policy of title insurance from the Titre Insurance Company. If Seller previously 42 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 43 cancellation fees owing to the original The Insurance Company. Otherwise, the party applying for title insurance shall 44 pay any title cancellation fee, in the event such a fee is assessed. The Tire Insurance Company shall send a copy of 45 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary. commitment, and the 46 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 47 form and Special Excepdons consistent with the Condition of Title herein provided. If tide cannot be made so insurable 48 prior to the Closing Date, then as Buyer's sake and exclusive remedy, the Earnest Money shall, unless Buyer elects to 49 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in the Agreement, and 50 this Agreement shall thereupon be terminated, Buyer shall have no right to specific performance or damages as a 51 consequence of Sellers inability to provide Insurable title. 52 e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing' means the 53 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 54 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 55 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 56 county recording officers ed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seiler shall 57 maintain the Property iin i present condition, normal wear and tear excepted, until the Buyer is entitled to possession. 58 inifials: BUYER: Date: I Z- 12-(Z- SELLER:. /r�/t, Date: BUYER: Date: SELLER:. Date: �Z�..iy Pr Ud H zpFom bYZIXNix 18010F0 M8e RmJd Fr�ear,Michlgen{8038 xw Lzoa%'..�,n, CI Oi co. Form 25 ®Copyright 2011 Vacant Land Purchase & Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev. 8/11 ALL RIGHTS RESERVED Page 3 of s GENERAL TERMS Continued f. Section 1031 Like -Kind Exchange. If either Buyer or Seller Intends for this transaction to be a part of a Section 1031 59 like -kind exchange, then the other party shall cooperate in the completion of the like kind exchange so long as the 60 cooperating party incurs no additional liability in doing so, and so king as any expenses (including attorneys' fees and 61 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 62 parry at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 63 Section 1031 like -kind exchange may assign this Agreement to Its qualified Intermediary or any entity set up for the 64 purposes of completing a reverse exchange. 65 g. Closing Costs and Proration and Charges and Assessments. Seller and Buyer shall each pay one -half of the 66 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 67 and kenable homeowners association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 68 including credit report, appraisal charge and lenders bile insurance, unless provided otherwise in this Agreement. If any 69 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 70 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 71 prior to Closing. Seller obtains a written statement as to the quantity and current price from the supplier. Seller shall pay 72 all utility charges, Including unbilled charges. Unless waived in Speck Term No. 13, Seller and Buyer request the 73 services of Closing Agent in disbursing funds necessary to satisfy unpaid utility charges in accordance with RCW 50.80 74 and Seller shall provide the names and addresses of all utilities providing service to the Property and having lien rights 75 (attach Form 22K Identification of Utilities or equivalent). 76 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 77 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 78 are encumbrances at the time of Closing, or that are or become due on or before Closing. Charges levied before 79 Closing, but becoming due after Closing shall be paid as agreed in Specific Term No. 14. 80 In. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 81 terms) to the Multiple Listing Service that published it and to its members, financing Institutions, appraisers, and anyone 82 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 83 and others related to this Sale, to fumish the Listing Broker and /or Selling Broker, on request, any and all information 84 and copies of documents concerning this sale. 85 I. FIRPTA - Tax Withholding at Closing. The Closing Agent Is instructed to prepare a certification (Form 22E or 86 equivalent) that Seller Is not a "foreign person within the meaning of the Foreign Investment In Real Property Tax Act. 87 Seller shall sign this certification. If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, 88 Closing Agent is instructed to withhold and pay the required amount to the Intemal Revenue Service_ 89 j. Notices. In consideration of the license to use this and NWMLS's companion forms and for the benefit of the Listing 90 Broker and the Selling Broker as well as the orderly administration of the offer, counteroffer or this agreement, the 91 parties irrevocably agree that unless otherwise speed in this Agreement, any notice required or permitted in, or 92 related to, this Agreement (including revocations of offers or counteroffers) must be in writing. Notices to Seller must be 93 signed by at least one Buyer and shall be deemed given only when the notice is received by Selling, by Listing Broker or 94 at the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and shall be deemed 95 given only when the notice is received by Buyer, by Selling Broker or at the licensed Office of Selling Broker. Receipt by 96 Selling Broker of a Fonn 17 or 17C (whichever is applicable), Public Offering Statement or Resale Certificate, 97 homeowners' association documents provided pursuant to Form 22D, or a preliminary commitment for title 98 insurance provided pursuant to Form 22T shall be deemed receipt by Buyer. Selling Broker and Listing Broker 99 have no responsibility to advise of receipt of a notice beyond either phoning the parry or causing a copy of the notice to 100 be delivered to the party's address shown on this Agreement. Buyer and Seller must keep Selling Broker and Listing 101 Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 102 k Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 103 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p,m. of the 104 last calendar day of the specked period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 105 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 106 Saturday, Sunday or legal holiday. Any specified period of 5 days or less shall not Include Saturdays, Sundays or legal 107 holidays. if the parties agree that an event will occur on a specific calendar date, the event shall occur on that date, 108 except for the Closing Date, which, if it falls on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day 109 when the county recording office is closed, shall occur on the next day that Is not a Saturday, Sunday, legal holiday, or 110 day when the county recording office is closed. If the parties agree upon and attach a legal description after this 111 Agreement is signed by the offeree and delivered to the offeror, then for the purposes of computing time, mutual 112 acceptance shall be deemed to be on the date of delivery of an accepted offer or counteroffer to the offeror, rather than 113 on the date the legal des ion is attached. Time Is of the essence if this Agreement. 114 Initials: BUYER: Z - Date: 17--f-4 —(2 SELLER: Date: 1271w? BUYER: Date: SELLER: Date: PrpCUCatl rim npFO,me by Lq.op41fiW0 Ffleon Nfie aoetl, F2avr, Mgdgen 60a2fi City OfP c j„ _" Form 25 ®Copyright 2011 Vacant Land Purchase 8 Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing service Rev. 8111 GENERAL TERMS ALL RIGHTS RESERVED Page 4 of 5 Continued I. Facsimile or E-mail Transmission. Facsimile transmission of any signed original document, and retransmission of any 115 signed facsimile transmission, shall be the same as delivery of an original. At the request of either party, or the Closing 116 Agent, the parties will confirm facsimile transmitted signatures by signing an original documenL E -mail transmission of 117 any document or notice shall not be effective unless the parties to this Agreement otherwise agree in writing. 116 m. Integration and Eletronic Signatures. This Agreement constitutes the entire understanding between the parties and 119 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 120 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 121 electronic form has the same legal affect and validity as a handwritten signature. 122 n. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 123 unless the parties indicate that assignment is permitted by the addition of "andlor assigns" on the line identifying the 124 Buyer on the first page of this Agreement. 125 o. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 126 provision, as identified in Specific Tenn No. 7, shall apply: 127 1. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5 %) of the 128 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 129 Sellaids Eleefien of Remedies. Sel'SF may, at Sel'eF!s eptlen, (a) keep 1110 Earnest i as liquidated damages as the sale and exclusive Femady available le 861iff f0F SUGh 118HUM, (b) bring suit against Buyer for SeHere a6lu damages, (G) Iiiing suit le speeffleally enfefee this AgmeffleRt and FeeeyeF any lirtelilei:dal damages, eF [d) Pursue aFvy alhef 09W ef remedies available at law OF equity. p. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a certified public accountant to review the terms of this Agreement. Buyer and Seller agree to pay their own fees incurred for such review. However, if Buyer or Seller Institutes suit against the other concerning this Agreement the prevailing party is entitled to reasonable aromeys' fees and expenses. q. Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00 p.m. on the Offer Expiration Date to accept this offer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer Is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. r. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of the Sellers name, shall be considered a counteroffer. If a party makes a counteroffer, then the other party shall have unlit 9:00 p.m. on the counteroffer expiration date to accept that counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by Seller, by Listing Broker or at the licensed office of Listing Broker. If the counteroffer Is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. s. Offer and Counteroffer Expiration Date. If no expiration date is specified for a offer /counteroffer, the offedoounteroffer shall expire 2 days after the offer /counteroffer is delivered by the parry making the offer/oounteroffer, unless sooner withdrawn. I. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Brokers Branch Manager (if any) and Selling Brokers Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing Firm's Designated Broker, Listing Brokers Branch Manager (if any), and Listing Brokers Managing Broker (if any) represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as dual agents_ If Selling Broker and Listing Broker are the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as dual agents. All parties acknowledge receipt of the pamphlet entitled "The Law of Real Estate Agency." 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 u, Commission. Seller and Buyer agree to pay a commission in accordance with any listing or commission agreement to 159 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 160 . specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 161 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 162 funds in escrow equal to such commission(s) and Irrevocably instruct the Closing Agent to disburse the commission(s) 163 directly to the Firm( *). In any action by Listing or Selling Firm to enforce this paragraph, the prevailing party is entried to 164 court costs and reasonable attorneys' fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 165 under this Agreement 166 v. Feasibility Contingency. It is the Buyers responsibility to verify before the Feasibility Contingency Expiration Date identified in 167 Specific Tenn No. 16 wh er or not the Property can be platted, developed and /or built on (now or in the future) and what it will 168 cost to do this. BUYS UL NOT RELY ON ANY ORAL STATEMENTS concerning this made by the Seller, Listing Broker 169 or Selling Broker. Buy uld inquire at the city or county, and water, sewer or other especial districts In which the Property is 170 Initials: BUYER: Date: (2--12 -IZ- SELLER: Date: BUYER: Date: SELLER: Date: ProOawtl wM rlpPo m®by vplepk 180][1 nReen /Ala Raatl, Fraser. Mkhpan 18026 �plrp • mm City Or Paz Form 25 C)Copydght 2011 Vacant Lard Purchase & Sale VACANT LAND PURCHASE. AND. SALE AGREEMENT, Northwest Multiple Listing Service ALL RIGHTS RESERVED Pa s ors GENERAL TERMS Continued located. Buyer's inquiry should Include, but not be limited to: building or development moratoriums applicable to or being 171 considered forthe Property; anyspecial building requirements, including setbacks, height limits or restrictions on where buildings 172 may be constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other 173 environmentally sensitive area; read, school, fire and any other growth mitigation or impact fees that must be paid; the procedure 174 and length of time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and utility and any service 175 connection charges; and all other charges that must be paid. Buyer and Buyer's agents, representatives, consultants, 176 architects and engineers shall have the right, from time to time during the feasibility contingency, to enter onto the 177 Property and to conduct any tests or studies that Buyer may need to ascertain the condition and suitability of the 178 Property for Buyers intended purpose. Buyer shall restore the Properly and all improvements on the Property to the 179 same condition they were in prior to the inspection. Buyer shall be responsible for all damages resulting from any 180 Inspection of the Property performed on Buyers behalf. 9f the Buyer does not give notice to the contrary on or before the 181 Feasibility Contingency Expiration Date identified in Specific Term No. 16, it shall be conclusively deemed that Buyer is 182 satisfied as to development and /or construction feasibility and cost. If Buyer gives notice this Agreement shall terminate 183 and the Earnest Money shall be refunded to Buyer, less any unpaid costs. 184 w. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 185 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 186 date specified in Specific Term 15. If the final plat is not recorded by such date, this Agreement shall terminate and the 187 Earnest Money shall be refunded to Buyer. 188 x, Information Veriffcation Period and Property Condition Disclaimer.- Buyer shall have 10 days after mutual- 189 acceptance to verify all information provided from Seller or Listing Finn related to the Property. This contingency shall 190 be deemed satisfied unless Buyer gives notice Identifying the materially inaccurate information within 10 days of mutual 191 acceptance. If Buyer gives timely notice under this section, than this Agreement shall terminate and the Earnest Money 192 shall be refunded to Buyer. Buyer and Seller agree, that except as provided in this Agreement, all representations and 193 information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. The 194 parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations under 195 this Agreement and that none of the Brokers have agreed to independently investigate or confirm any matter related to 196 this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. in addition, Brokers 197 do not guarantee the value, quality or condition of the Property and some properties may contain building materials, 198 including siding, roofing, ceiling, Insulation, electrical, and plumbing, that have been the subject of lawsuits and /or. 199 governmental inquiry because of possible defects or-hearth hazards. Some properties- may have other defects an1hg 200 after construction, such as drainage, leakage, peat, not and mold problems. Brokers do not have the expertise to identify 201 or assess defective products, materials, or. conditions. Buyer is urged to use due diligence to inspect the Property to 202 Buyers satisfaction and to retain inspectors qualified to identify the presence of defective materials and evaluate the 203 condition of the Property as there may be defects that may only be revealed by careful inspection. Brokers may assist 204 the parties with locating and selecting third party service providers, such as inspectors or contractors, but Brokers 205 cannot guarantee or be responsible for the services provided by those third parties. The parties agree to exercise their 206 own judgment and due diligence regarding third -party service providers. 207 Initials: BUYER: Date: .SELLER: pate: �.2.—�3 =,4L BUYER: - - Date: .SELLER: <Yf1 Date: � ihaUUCetl aNthrpFOrtnW Gyaptogtr 18p/O rlaeen MikR�,Freaer, MlWpenge02fi Form 22T ® Copyright 2066 Title Contingency Addendum Northwest Multiple Listing Service Rev. We ALL RIGHTS RESERVED Page 1 of 1 TITLE CONTINGENCY ADDENDUM TO PURCHASE & SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated Denember 12 , 2012 between city of Pasco ( "Buyer") and Conn E Higi„e�. Lo +s H +qty ( "Seller ") concerning NKA E Broadway Street Pascof 99301 ( "the Property") 1, Title Contingency. This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, together with easements, covenants, conditions and restrictions of record, which are to be obtained by Buyer, to determine that they are consistent with Buyer's intended use of the Property. Buyer shall have 1_ days (5 days if not filled in)O from mutual acceptance of this Agreement or ® from the date of Buyer's receipt of the preliminary commitment for title insurance (from mutual acceptance, if neither box checked) to give written notice of Buyer's disapproval and the reasons therefore. Buyer may only disapprove exceptions that are contained in the preliminary commitment and may not object to matters not contained therein. Seller shall have 15 days (5 days If not filled in) after receipt of Buyer's notice of disapproval to give Buyer written notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to cure all disapproved exceptions. If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the Agreement, the Earnest Money shall be returned to Buyer, less any unpaid costs described in the Agreement Buyer shall have no right to specific performance or damages as a consequence of Seller's inability to provide insurable title. If Buyer does not terminate the Agreement; Buyer shall be deemed to have waived all objections to title, which Seller did not agree to dear. - - - _21 .. Supplemental Title Reports. If Buyer receives-supplementollitio reports1ha'dadDse new-excepton(syto the title, commitment, then the time periods and procedures for notice, correction, and termination above shall apply to the date of Buyer's receipt of the supplemental title report. 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable fitie at closing as provided in the Agreement. Initials: BUYER: DATE: SELLER: DATE: BUYER: DATE: SELLER: DATE: / /f/Z— LAC /l-q3 —/Z /1 Lybbe: Real 1.236 695 Lake Road :988. Burbank, WA 99323 L / / ?� L Phone: 509.531.2361 Fax: 848.284.5048 Tnxy Lybbert T v o w Produced with zipFOrm® by ApLogix 16070 Fifteen Mile Road, Fuser. Micnigan 48026 w=mmi ,.,a" n 63 35 CjLt�� j -I`1 w1>ENtircoRUmtsuf TG: 1 .sue, @9 cow E HIGLEY d f OIS HIGLEY o® a,.a Fra WA PO BM 942 Richland, Washmom 99352 . No Real Estate Exc;iss Tax Paid 9117 71 'this lnstrunwnt Exempt Under R.C,W. V.45 Treasurer, Franklin Co. EXHIBIT A Warranty deed NOV 5 ZWL 1IM GRAN OI!4s), CONN E HIGLEY and Los HIGLEY, in consideration only of the benefits to be derived from convo3ft the property of the Grantors to a revocable tnu( for dicir benefit, convey and warrant to CONN E HIGLEY and IRIS HIGLEY, Trustees, or their successors in trust, under the HIGLEY LIv1NG TRUST, dated OCT 2 3 2002 and any amendments thereto, whose address is PO Box 942, Richland, Washington 99352, the fbUowing described real estate, situated in the County of Franklin, State of Washington to: Block 165, Pasty Land Cot's Ferri Additim room fully described in the aaacl,ed Exhibit A. Lots 1 Ravish 19, ialwrsi Mock 146, Pasco Lard Co.'s First Addition to Pasco, acootdiug to the pint thereof recorded in Volume 'B• of Plats, Pace 39, rccosds of Fnoklin Comfy, " Washivgma . Lots 1 and 2, B1 Owen`s Addidoo to ssoq recording ptat thereof recmded . Vol ' 3. of Plan, " , recorder of FmIldin , W t IS to 20, 27, Fret's Additi Pasco, route deannbed iv tbo Eahib' A. [3 m I iacluaivq Block 15, F s Addi to P o, according to the p f f1 a m Yolum • afPlats, page 16, of Franklin C ry, State of W:bm 3, d, 5, 6, 9 sud 8, .....5,.pwcn's 'lion, mote Cully d iv . attncltcd A. APN: 112 -102 8; 112. 1i21 A19; 2- 341 -1f 8; It3-49 ; [t34 - 133- -1i2- .1� 34 15; 112- 342 -224- xttoe�la,,eaett om.>anictims, and <o &&w £nand,' YC .gate: OCT 2 3 2002 t - .. d- , Y E LEY LOLS HI STATE OF WASHINGTON } ss COUNTY OF DENI'ON } �� � • , ., sty e Form 34 Addendum/Amendment to P &S Rev. 7/10 Page 1 of 1 ®Copyright 2010 Northwest Multiple Listing Service ALL RIGHTS RESERVED ADDENDUM /AMENDMENT TO PURCHASE AND SALE AGREEMENT The following Is part of the Purchase and Sale Agreement dated December 12 . 2012 1 between city of ac o ( "Buyer') 2 and _ Conn E Higley Lois Higley ( "Seller") 3 concerning NRA E. Broadway Street Pasco 99301 (the "Property "). 4 IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1. Buyer to pay all Seller's closing costs including real estate 6 commission of $5000.00 to Lybbert Real Estate, 7 2. Offer is contingent upon City of Pasco receiving final City Council 8 approval for the transaction. 9 ALL OTHER TERMS AND DITIONS of said Agreement remain unchanged. Initials: BUYER: Date: (2-(2, -i Z SELLER: BUYER: Date: SELLER: Date: — Lybbed Real Estate 695 Lake Road E wbank, WA 99323 Phone'. 509,531.2361 Pax: 888284.5048 Tracy Lybbert 6iPnsco Produced wfth zIPFOnn® by zipLogix 18070 Fifteen Mile Road Fraser, Michigan 48026 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2a 29 30 31 AGENDA REPORT FOR: City Council TO: Gary CrutchfielManager FROM: Lynne Jackson4 Human Resources Manager SUBJECT: Bargaining Unit Contract with IAFF, Local 1433 I. REFERENCE(S): December 13, 2012 Regular Mtg.: 12/17/12 1. Proposed Collective Bargaining Agreement 2. Memorandum of Agreement — "D" Shift (Attachments are in Council packets only; copy available for public review in the Human Resources office, the Pasco Library or on the City's webpage at www.pasco- wa.gov /citycouncilreports) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/17: MOTION: I move to approve the Collective Bargaining Agreement with the IAFF, Local #1433 and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: • Increases average annual cost of fire operations (base wages and benefits) by approximately $320,254 • Fire operations cost (base wages and benefits) for 2010 (last year of previous contract): $4,858,716 • Anticipated Fire operations cost (base wages and benefits) for 2013: $5,340,811 IV. HISTORY AND FACTS BRIEF: The previous contract terminated December 31, 2010 V. DISCUSSION: Negotiations commenced in July 2010. The parties reached a tentative agreement October 25, 2012. Local 1433 notified the City on 12/10/12 that the members had voted to ratify the tentative agreement. Following are the significant changes reflected in the new agreement. • Effective January 1, 2011: 3% increase • Effective July 1, 2011: 1% increase • Effective January 1, 2012: 4% increase • Effective January 1, 2013: 1.6% increase ■ Incentive pay is added for the following certifications: Technical Rescue Team, SCBA Technician, Communications Technician, Fire Investigator. • Increase insurance premium participation from 1.5% of top step firefighter wage to 2.0 %. • Added a "D" shift (variable shift schedule — up to two personnel) to reduce overtime expense. (The MOU — "D" Shift noted above provides operational guidelines.) Staff recommends Council ratification of the Agreement. 10(e)