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HomeMy WebLinkAbout2005.01.18 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. January 18, 2005 Please note that our Council Meeting will take place on Tuesday, January 18 as City Hall will be closed Monday, January 17 in honor of Martin Luther King Jr. 1. CALL TO ORDER 2. ROLL CALL: Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated January 3, 2005. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of $702,393.28 ($702,393.28 consisting of Claim Warrants numbered 146525 through 146530 and Claim Warrants numbered 146562 through 146738). (2004 EXPENSES) 2. To approve General Claims in the amount of $365,576.67 ($53.87 being in the form of Wire Transfer Nos. 4260 and 4262 and, $365,522.80 consisting of Claim Warrants numbered 146531 through 146561 and Claim Warrants numbered 146739 through 146787). (2005 EXPENSES) To approve bad debt write -offs for utility billing, ambulance, miscellaneous, code enforcement and Municipal Court non - criminal, criminal and parking accounts receivable in the total amount of $165,724.48 and, of that amount, authorize $160,737.49 be turned over for collection. (e) Grand Old 4'" Celebration: 1. Agenda Report from Gary Crutchfield, City Manager dated January 13, 2005. 2. Proposed Revenue and Expenditure Budget for Grand Old 4t° Celebration (3 pages). To approve 50% cost sharing with Franklin County for the expanded Grand Old 4b Celebration provided the city's share shall not exceed $85,000. *(d) Autoplex Enhancement - Bill McCurley Deeded Property, Project No. 00 -3 -04: 1. Agenda Report from Doyle Heath, City Engineer dated January 12, 2005. 2. Dedication Deed. 3. Vicinity Map. To accept the Dedication Deed from Bill McCurley for the land beneath the gateway sign and associated improvements for the Autoplex Enhancement project. *(e) Final Plat - Columbia Place Phase 4 (Columbia Place 3B, LLC) (MF #05- 02 -FP): 1. Agenda Report from David I. McDonald, City Planner dated January 13, 2005. 2. Copy of Final Plat (Council packets only; copy available in Planning Office for public review). 3. Vicinity Map. To approve the final plat for Columbia Place Phase 4. *(f) Final Plat - Heritage Village, Phase 3 (Gold Medal Group LLC) (MF #04- 172 -FP): 1. Agenda Report from David I. McDonald, City Planner dated January 13, 2005. 2. Copy of Final Plat (Council packets only; copy available in Planning Office for public review). 3. Vicinity Map. To approve the final plat for Heritage Village Phase 3. *(g) Final Plat - Heritage Village, Phase 4 (Gold Medal Group LLC) (MF #04- 171 -FP): 1. Agenda Report from David I. McDonald, City Planner dated January 13, 2005. 2. Copy of Final Plat (Council packets only; copy available in Planning Office for public review). 3. Vicinity Map. To approve the final plat for Heritage Village Phase 4. Regular Meeting 2 January 18, 2005 (h) Resolution No. 2863, a Resolution regarding the sale of a 0.46 acre parcel on Commercial Avenue to Trus -Way of Tri- Cities. Inc. 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated January 6, 2005. 2. Resolution Authorizing Sale of 0.46 Acre Parcel. 3. Purchase and Sale Agreement. To approve Resolution No. 2863, accepting the Purchase and Sale Agreement with Trus -Way of Tri- Cities, Inc., for the sale of a 0.46 acre site fronting on Commercial Avenue and, further, authorizing the City Manager to do all that is necessary to complete the sale. *(i) Resolution No. 2864, a Resolution of the City Council of the City of Pasco, Washington relating to the waterworks utility of the City, including the sanitary sewerage system and the system of storm or surface water sewers as a part thereof; declaring its intention to initiate the formation of Utility Local Improvement District No. 142 to carry out a portion of the system or plan of additions to and betterments and extensions of the waterworks utility specified and adopted by Ordinance No. 3239, as amended by Resolution No. 2433, to provide for the expansion and extension and improvement of the sewer collection system of the City on West Wernett Road, West Jay Street, West Ella Street, West Leola Street, West Pearl Street and Roads 38, 39 and 40, all as applicable to such utility local improvement district; and fixing the date, time and place for a public hearing on the formation of the proposed utility local improvement district. 1. Agenda Report from Doyle Heath, City Engineer dated January 12, 2005. 2. Resolution. 3. Vicinity Map. To approve Resolution No. 2864, declaring Council's intention to create U.L.I.D. 142 and, further, to set Tuesday, February 22, 2005 at 7:00 p.m. for a Public Hearing on this matter in the Pasco City Council Chambers. *(j) January 24 Workshop Meeting: (NO WRITTEN MATERIAL ON AGENDA) To postpone the January 24 Workshop Meeting to January 31, 2005. lRQ MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND /OR OFFICERS: (a) Verbal Reports from Councilmembers. (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (none) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco, Washington establishing the fee for a Utility /Lien Search and amending Chapter 30.7 Entitled "Fee Summary," and amending Section 3.07.090 entitled "Miscellaneous." 1. Agenda Report from Jim Chase, Finance Manager dated January 5, 2005. 2. Ordinance — adopting Utility /Lien Search Fee and Amending Chapter 3.07 Fee Summary. MOTION: I move to adopt Ordinance No. , amending Chapter 3.07 entitled "Fee Summary," and amending Section 3.07.090 entitled "Miscellaneous," establishing the fee for a Utility/Lien Search and, further, authorize publication by summary only. Regular Meeting 3 January 18, 2005 (b) Definition of Pit Bull Terriers as Potentially Dangerous Animals. I. Agenda Report from Gary Crutchfield, City Manager and Stan Strebel, Administrative & Community Services Director dated January 12, 2005. 2. Proposed Ordinance (PMC Title 8). 3. Proposed Fee Ordinance (PMC 3.07). 4. "Bad Breed" Insurance Blacklist. 5. Canine Good Citizens Test Items. 6. National Animal Interest Alliance article on Insurance. 7. Animal Control Fee/Penalty Comparison. Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Title 8 "Animal Control" of the Pasco Municipal Code concerning Dangerous and Potentially Dangerous Animals. MOTION: I move to adopt Ordinance No. , amending Title 8 of the Pasco Municipal Code regarding potentially dangerous animals and, further, to authorize publication by summary only. -AND - Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Section 3.07.020 of the Pasco Municipal Code regarding Animal Control. MOTION: I move to adopt Ordinance No. , amending Section 3.07.020 of the Pasco Municipal Code regarding Animal Control fees and, further, to authorize publication by summary only. 9. UNFINISHED BUSINESS: (none) 10. NEW BUSINESS: (none) 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File #...: ' Q Quasi - Judicial Matter REMINDERS: 1. 6:00 p.m., Tuesday, January 18, Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MIKE GARRISON and COUNCILMEMBER REBECCA FRANCIK) 2. 5:30 p.m., Wednesday, January 19, Roy's Smorgy, Good Roads Association Board Meeting. (COUNCILMEMBER EILEEN CRAWFORD) 3. 12:00 p.m, Thursday, January 20, 720 W. Lewis Street — Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER CHARLES KILBURY, Rep.; REBECCA FRANCIK, Alt.) 4. 11:30 a.m., Friday, January 21, Meadow Sprigs Country Club — Benton Franklin Council of Governments Board Meeting. (COUNCILMEMBER CHARLES KILBURY, Rep.; MAYOR MIKE GARRISON, Alt.) 5. 4:30 p.m., Friday, January 21, 5025 Road 68, Suite G — PostNet Ribbon Cutting & Grand Opening Ceremony. (MAYOR MIKE GARRISON) MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 3, 2005 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Michael L. Garrison, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Matt Watkins, Joe Jackson, Eileen Crawford and Michael Garrison. Charles Kilbury and Tom Larsen were excused. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; David McDonald, City Planner; Denis Austin, Police Chief; and Elden Buerkle, Management Assistant; The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutcs of the Pasco City Council Meeting dated December 20, 2004. Removed from Consent Agenda and Moved to Item 10a — New Business. (b) Bills and Communications: To approve General Claims in the amount of $1,018,799.92 ($44,680.08 being in the form of Wire Transfer Nos. 4253, 4258 and 4259 and, $974,119.84 consisting of Claim Warrants numbered 146315 through 146498). (2004 EXPENSES) To approve General Claims in the amount of $1,327,171.66 ($1,327,171.66 consisting of Claim Warrants numbered 146499 through 146524). (2005 EXPENSES) To approve Payroll Claims in the amount of $1,499,115.96, Voucher Nos. 32027 through 32146; and EFT Deposit Nos. 30002077 through 30002498. (c) Final Plat — Loviisa Farms II, Phase 3 (Aho Construction) (MF #04- 181 -FP): To approve the final plat for Loviisa Farms II, Phase 3. (d) Resolution No. 2862, a Resolution accepting work performed by Inland Asphalt, under contract for Project No. 04 -2 -16, Broadmoor Reservoir Site Improvement- Paving. To approve Resolution No. 2862, accepting the work performed by Inland Asphalt, under contract for the Broadmoor Reservoir Site Improvement- Paving Project No. 04 -2 -16. MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND /OR OFFICERS: Ms. Crawford attended the First Night Festivities in Kennewick on December 31" Ms. Francik attended the Pasco Ag Show Luncheon on January 3ra ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3712, an Ordinance of the City of Pasco, Washington, amending the zoning classification of certain real property located in the Southeast Quarter of Section 17, Township 9 North, Range 30 East from C -1 (Retail Business) to C -3 (General Business). 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 3, 2005 MOTION: Ms. Francik moved to adopt Ordinance No. 3712, granting a rezone for Lot 1, Short Plat 78 -18, from C -1 to C -3 as recommended by the Planning Commission and, further, authorize publication by summary only. Mr. Jackson seconded. MOTION: Mr. Watkins moved to table this item until February 7m for conduct of a Closed Record Hearing. Ms. Crawford seconded. Motion carried by the following voice vote: Yes — Crawford, Garrison, Watkins, Francik. No — Jackson. NEW BUSINESS: MOTION: Ms. Crawford moved to add "Council directed staff to research the ability to treat Military personnel, their dependants, and Military retirees, the same as those on Medicare and Medicaid" to the Ambulance Fees section in the December 20`h Minutes. Mr. Watkins seconded. Motion carried unanimously. MOTION: Ms. Crawford moved to approve the December 20, 2004 minutes as amended. Mr. Jackson seconded. Motion canned unanimously. MISCELLANEOUS DISCUSSION: Council and staff discussed the design of cell phone towers in the City. MOTION: Ms. Crawford moved to have staff research design alternatives for cell towers and report back to Council. Mr. Watkins seconded. Motion carried by the following voice vote: Yes — Garrison, Watkins, Francik, Crawford. No — Jackson. Council and staff discussed development impact fees. Council requested this item be placed on the January 10`h Workshop agenda. EXECUTIVE SESSION: Council adjourned to Executive Session at 7:37 p.m. to consider acquisition of real estate and review the performance of a city employee. Mayor Garrison called the meeting back to order at 8:27 p.m. MOTION: Ms. Francik moved to grant a merit award of $10,000 to the City Manager for his performance in 2004. Mr. Jackson seconded. Motion carried unanimously. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:29 p.m. APPROVED: Michael L. Garrison, Mayor ATTEST: Webster U. Jackson, City Clerk PASSED and APPROVED this 18th day of January, 2005 2 ro CITY OF PASCO Council Meeting of: January 18, 2005 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington o reby cenity under penalty of perjury that the materials have been furnished, the the lab r performed as described herein and that the claim is a just, due and unpaid city an that we are authorized to authenticate d certify to said claim. y e;� Mana r J es W. Chas , Finance Ma ger We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the merchandise or services hereinafter specified have been received; that Check No.s 146525 through 146530 and Check No.s 146562 through 146738 in the amount of $702,393.28 are approved for payment on this 18th day of January, 2005. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental Library TOTAL GENERAL FUND: STREET C. D. BLOCK GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS SENIOR CENTER MULTI MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMNT LODGING REVOLVING ABATEMENT LITTER ABATEMENT FUND TRAC DEVELOPMENT STADIUM /CONVENTION CENTER SUN WILLOWS DEVELOPMENT METRO DRUG TASK FORCE METRO DRUG FORFEITURE FUND GENERAL CONSTRUCTION WATER/SEWER EQUIPMENT RENTAL - OPERATING EQUIPMENT RENTAL - REPLACEMENT MEDICAUDENTAL INSURANCE CENTRAL STORES PUBLIC FACILITIES DIST LID CONSTRUCTION PAYROLL CLEARING GRAND TOTAL ALL FUNDS: 2004 EXPENSES 154,411.99 0.00 0.00 47,983.81 151.05 0.00 $ 702,393.28 CITY OF PASCO Council Meeting of: January 18, 2005 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the Uinst hereby certify under penalty of perjury that the materials have been furnished, the services abor performed as described herein and that the claim is a just, due and unpaid obligatiand that we are authorized to authenticate nd cert ify to aid claim. Gary Cnager James W. Chase, Finance M nager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the merchandise or services hereinafter specified have been received; that Wire Transfer No.s 4260 and 4262 in the amount of $53.87, have been authorized; that Check No.s 146531 through 146561 and Check No.s 146739 through 146787 in the amount of $365,522.80 are approved for payment for a combined total of $365,576.67 on this 18th day of January, 2005. Ccuncilmember Councilmember SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND: GENERALFUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non- Departmental Library TOTAL GENERAL FUND: STREET C. D. BLOCK GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS SENIOR CENTER MULTI MODAL FACILITY BOAT BASIN LITTER CONTROL REVOLVING ABATEMENT PARKSFUND TRAC DEVELOPMENT STADIUM /CONVENTION CENTER GOLF COURSE RESIDENTIAL DEV METRO DRUG TASK FORCE METRO DRUG FORFEITURE FUND GENERAL CONSTRUCTION WATER/SEW ER EQUIPMENT RENTAL - OPERATING EQUIPMENT RENTAL - REPLACEMENT MEDICAUDENTAL INSURANCE CENTRALSTORES FIRE PENSIONS LID CONSTRUCTION PAYROLL CLEARING GRAND TOTAL ALL FUNDS: 2005 EXPENSES MM 30,401.89 56,669.92 114,676.66 61.00 42.00 8,036.30 0.00 0.00 67.00 0.00 0.00 0.00 138.00 0.00 0.00 5,000.00 0.00 8,402.97 449.72 192,317.76 619.23 3,529.56 0.00 1,798.87 0.00 5,089.60 0.00 25,348.00 $ 365,576.67 3(b),2 AGENDA REPORT FOR: City Council DATE: TO: Gary Crutc 'ty Manager . _ REGULAR: Stan Strebel, trg� mmunity Services Director FROM: Jim Chase, Finance 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: 01/11/2005 01/18/2005 MOTION: I move to approve bad debt write -offs for utility billing, ambulance, miscellaneous, code enforcement and Municipal Court non - criminal, criminal and parking accounts receivable in the total amount of $165,724.48, and, of that amount, authorize $160,737.49 be turned over for collection. III. 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 $25.00. Direct write offs including DSHS customers; the law requires that the City accept assignment in these cases. 3. MISCELLANEOUS - These are all delinquent accounts over 90 days past due or statements that are returned with no forwarding address. Those submitted for collection exceed $25.00. 4. COURT ACCOUNTS RECEIVABLE - These are all delinquent non - criminal and criminal fines, and parking violations over 30 days past due. 5. 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. IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b).3 Amount Direct Referred to Total Write -offs Collection Write -offs Utility Billing $ .00 7,461.69 7,461.69 Ambulance $ 4,986.99 .00 4,986.99 Miscellaneous $ .00 245.09 245.09 Court A/R $ .00 140,515.00 140,515.00 Liens $ .00 12,515.71 12,515.71 TOTAL: $ 4,986.99 160,737.49 165,724.48 IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b).3 AGENDA REPORT TO: City Council January 13, 2005 FROM: Gary Crutchfi Manager Workshop Mtg.: 1/18/05 SUBJECT: Grand Old 4th elebration I. REFERENCE(S): 1. Proposed Revenue and Expenditure Budget for Grand Old 4`h Celebration (3 pages) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/18: MOTION: I move to approve 50% cost sharing with Franklin County for the expanded Grand Old 4 1 Celebration provided the city's share shall not exceed $85,000 III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Franklin County proposed earlier last year that a "Franklin County Fair" be initiated in summer 2005 or 2006 to be located at the TRAC facility. Discussions which ensued about that idea evolved to an alternative form of major community event, by expanding the "Grand Old 4`h Celebration" initiated by the city in 1989. The "Grand Old 4`h Celebration" has historically involved a 4`h of July parade in the downtown area ending at Memorial Park, activities conducted throughout the day at Memorial Park, culminating with the annual 4`h of July fireworks show at the baseball stadium (formerly at Edgar Brown stadium). The county and other entities involved in planning the Grand Old 4`h celebration have proposed a three -day event culminating with the 4th of July fireworks show annually, commencing July 2005. B) The community committee which has worked on the concept for the past several months has identified a wide- variety of activities to be conducted during the three - day event, including headline entertainment, carnival rides, circus, as well as a host of other- activities which would attract a broad spectrum of community residents during the three -day event. The committee has apparently obtained the commitment of some, local sponsors (radio stations, etc.) to bear some of the financial responsibilities of the event. The "public" expenditures necessary to expand the Grand Old 4 1 Celebration to reflect the three -day concept totals $170,000 (in addition to the $15,000 already committed historically by the city for fireworks). The county proposes that the city and county split the cost of the event, with the expectation that the net cost to be shared will be closer to $50,000 (hopefully zero). V. DISCUSSION: A) Paul Whitemarsh, City Recreation Services Manager, has participated throughout the planning effort of the event and will be present to further explain the activities envisioned for the event. Fred Bowen, County Administrator, may also be present to explain the role of TRAC in accommodating the event. B) The proposed event appears to have a broad range of attractions to the community and involves a number of other community entities (radio stations, Mwanis, etc.) such that the financial risk appears to be minimal. In all likelihood, the net cost will be less than $50,000 and could possibly break even. The event not only offers an expanded opportunity of celebration in the community during the summer, it will hopefully create an annual event for TRAC which will ultimately provide a financial cornerstone for the continued operation of that facility. To that end, staff recommends Council concur in the proposal to share the expenditures for the Grand Old 4th Celebration, not to exceed $85,000 (excluding fireworks). 3(c) Grand 'Ole Fourth Celebration 2005 Revenue Budget Gate Admission $ 62,100.00 Grandstand $ 5,000.00 Carnival $ - Carnival Advertising $ - Entry Fees $ - Mainsta e $ 2,500.00 Entry Fee /Dod eball $ 2,500.00 Commercial Space Rental $ 18,000.00 Parking $ 29,400.00 Beer Food Concession % $ 18,000.00 Commissioned Concessions $ 500.00 Ice Sales $ 2,000.00 Sponsorships $ 30,000.00 Total $ 170,D00.00 J: \BOWEN \Grand'Ole Fourth \2005 Budget.xls 1/6/2005 Grand 'Ole Fourth Celebration 2005 Expenditure Budget Gate Admission Grandstand Carnival Carnival Advertising TRAC $ 30,000.00 Entry Fees Mainsta e Entry Fee /Dod eball Stall Rental Commercial Space Rental Camping Rental Parkin Beer Food Concession % Commissioned Concessions Ice $ 2,000.00 Food Space Rental ENTERTAINMENT Ride & Glide Bikes 3 Days - Sat, Sun & Mon $ 4,000.00 Atlas Robotics 3 Days) $ 3,060.00 Vocal Trash 2 Shows - Monday & 3 Hotel Rooms $ 10,000.00 Laser Light Show 4 Days) $ 15,000.00 Suzy Haner Hypnotist 3 Days - Sat, Sun & Mon $ 5,000.00 Gospel Singers Sunda $ 3,500.00 Steve Hamilton 3 Days - Sat, Sun & Mon & Hotel $ 1,200.00 IGX Electronic Games 4 Days & Hotel $ 4,400.00 Sub Total $ 46,160.00 J1BOWEN \Grand'Ole Fourth \2005 Budgetxls 1/6/2005 J: \BOWEN \Grand'Ole Fourth\2005 BudgetAs 1/6/2005 Sound & Lights Indoor Stage, Outdoor Stage & Ball Field (Monday Night) $ 20,000.00 HVAC Portable Truck $ 15,000.00 10 Hotel Rooms at $86 per night Inc. tax $ 860.00 3 RV Sites $ 72.00 12 Traffic Controlers & Ticket Sales at $7.50 /hour 12 x 10 hours x $7.50 per hour = $900 x 4 days $ 3,600.00 Garbage $ 3,000.00 Marketing $ 10,000.00 Licenses /Permits Security Janitorial Clean u Carts Radios Misc. Contractual Services $ 2,000.00 Talent Show Winner $ 1,100.00 Decorations $ 2,500.00 Tents $ 1,000.00 Lighting for 6 acre Parking $ 2,000.00 Electric Generator for HVAC Truck $ 4,000.00 Night Clean U $ 2,000.00 Printing $ 1,000.00 Port- A -Potty Contingency $ 23,048.00 Total $ 170,000.00 J: \BOWEN \Grand'Ole Fourth\2005 BudgetAs 1/6/2005 AGENDA REPORT NO. 3 FOR: City Council January 12, 2005 TO: ary Crutchfi i Manager Regular Mtg: 1/18/04 l obert J. Alber , u c Works Director FROM: Doyle L Heath, City Engineer V 1, OW 11'11�� SUBJECT: Autoplex Enhancement — Bill McCurley Deeded Property Project No. 00 -3 -04 REFERENCE(S): 1. Dedication Deed 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 1/18: MOTION: I move to accept the Dedication Deed from Bill McCurley for the land beneath the gateway sign and associated improvements for the Autoplex Enhancement project. III. FISCAL IMPACT: $13,000.00 IV. HISTORY AND FACTS BRIEF: The Autoplex / Road 32 project originally provided for one "Pasco Autoplex" sign, situated on public right -of -way at the southwest corner of the intersection. In order to provide a matching sign in the opposite corner, the McCurley's agreed to dedicate the land necessary for the second sign. The additional sign is now in place and the attached deed conveys the necessary right -of -way to the City. V. ADMINISTRATIVE ROUTING Project File 3(d) DEDICATION DEED The GRANTOR(s), BILL & VICTORIA MCCURLEY (Husband & Wife) for good and valuable consideration, the receipt of which is hereby acknowledged, dedicates to the City of Pasco, a municipal corporation of the State of Washington, for the public use, as a public right -of -way, the land described in Exhibit "A" attached hereto and by this reference is made a part of this agreement. DATED this ZI day of bece \b<41 , 2004. STATE OF WASHINGTON) ss. COUNTY OF KING By: ff t" L.". 1. / Bill iey By: �.i Victoria McCurley On this day personally appeared before me Bill & Victoria McCurley (Husband & Wife ), to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that they 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 o n be 2004. NOTARY PUBLIC in and for the State ofS I `o -N FkQ T�9 • _ N^ �. Residingat:: �e % :'v Np1ARY N.. My Commission Expires: F r :'moo 01 Ct yr . o -iga \ r N h OF WA ACCEPTANCE OF DEDICATION The City Council of the City of Pasco, Washington accepted the conveyance and dedication made out in this Dedication Deed at their regular meeting on 2004, as reflected in the official minutes of the City Council. ACCEPTED BY CITY OF PASCO: Michael L. 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Community AGENDA REPORT NO. 5 I it for as Economic Development FROM: David McDonald, City Planner t� DATE: 1/13/05 WORKSHOP: REGULAR: 1/18/05 SUBJECT: FINAL PLAT - Columbia Place Phase 4 (Columbia Place 313, LLC) _(MF #05- 02 -FP) I. REFERENCE(S): A. Copy of Final Plat (Council packets only -Copy available in Planning Office for public review) B. Vicinity Map II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: MOTION: I move to approve the final plat for Columbia Place Phase 4. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a 395 lot preliminary plat for Columbia Place. Columbia Place is a proposed single family residential development located north of Sandifur Parkway and east of Road 84. B. The developer is now seeking final plat approval for Phase 4 of the Columbia Place development. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the improvements. In this case, the developer has completed about two thirds of the improvements and has provided the City with a bond in an amount sufficient ($353,931) to cover the costs of the outstanding improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition the plat contains the required descriptions, dedications and acknowledgment and approval sections. VI. ADMINISTRATIVE ROUTING: 3(e) FOR: City Council TO: Gary Crutch Richard J. ti Community AGENDA REPORT NO. 6 Economic Development FROM: David I. McDonald, City Planned . DATE: 1/13/05 WORKSHOP: REGULAR: 1/18/05 SUBJECT: FINAL PLAT: Heritage Village, Phase 3 (Gold Medal Group LLC) (MF # 04- 172 -FP) I. REFERENCE(S): A. Final Plat (Council Packets only -Copy available in Planning Office for public review) B. Vicinity Map II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: MOTION: I move to approve the final plat for Heritage Village Phase 3. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: V. A. The City Council previously approved a preliminary plat for Heritage Village. Heritage Village is a single family residential development located north of Sandifur Parkway east of Road 84. The developer is now seeking final plat approval for Phase 3 of this development. Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the improvements. In this case, the developer has completed most of the improvements and has provided the City with a bond in an amount sufficient ($18,150) to cover the costs of the outstanding improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition the plat contains the required descriptions, dedications and acknowledgment and approval sections. VI. ADMINISTRATIVE ROUTING: 3(f) VICIMIfY MAP • APPLICAW. CiolJ Modal •• �J 1111 �i �p ■�■n■III1111■ ���� : i MAP ' = � 11�1'����1■ X111 ���, t�. .� --� ■ii1■►��i■Ii1■ • �j 1� � -� � ■■1�■�■�■■■1■■1 �► �� .1�� 1111. � ■ ■� ■� ■ ■� ■ ■ ■Illl � � �►��� � 11111111, -. ■ ■�� ■� ■��1 ■ ■�■ .11111 /��� ■1111 � ■ ■ ■������ ■11��� ■111111 googol � � ■�■����■�■���� � \1111. /111111 �� 11111111 � —D / ■ ■� ■����� ■�s�l �IIIIIII ■111111 ►�i �1111111'►1 ■■olio■ :■ .�■i�■■ - ■■■�i =■■ 111 ■11: /��I �p ■� ■ ■� ■■ ��- ■■■��■�■ �� ■■nil ■■ �. ■■■■m■■ .■ ■ ■ ■■ii ■■ C■ ■■ ■■ ONE MEN 'Emossal Monson m so ... .�. ■iii■■■ °:: soon. ■■■■ �� ■■■■■■■■ i C III ■11, ■ /��1 �� � ■ ■ ■ ■ ■■ �� �� �� ■ ■ ■ ■■ i 111■IIi m11111 ■■■■■■■ �■- ■ ■ ■� ■ ■ ■■ .■ ■■■■■■■■ !!mill! i� ■■■■■■■■ ��' million■ AGENDA REPORT NO. 7 FOR: City Council DATE: 1/13/04 TO: Gary Crutchfie Manager WORKSHOP: Richard J. Smi ector REGULAR: 1/18/04 Community an Economic Development FROM: David I. McDonald, City Planner_ SUBJECT: FINAL PLAT: Heritage Village, Phase 4 (Gold Medal Group LLC) (MF # 04- 171 -FP) I. REFERENCE(S): A. Final Plat (Council Packets only -Copy available in Planning Office for public review) B. Vicinity Map II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:- MOTION: I move to approve the final plat for Heritage Village Phase 4. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for Heritage Village. Heritage Village is a single family residential development located north of Sandifur Parkway east of Road 84. The developer is now seeking final plat approval for Phase 4 of this development. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the improvements. In this case, the developer has completed most of the improvements and has provided the City with a bond in an amount sufficient ($18,150) to cover the costs of the outstanding improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition the plat contains the required descriptions, dedications and acknowledgment and approval sections. VI. ADMINISTRATIVE ROUTING: 3(g) VICINITY mff Heritacie Villaqe Ph # i PF o • MeJal i 04-171 -FP C -• ■11r■11■■1111■11r■■■ X11: �� : m ■ -� ■1111111111111111111111■ -p MEN ■11.��.1111i11■ �oi�i►i �O ■11111111111111111111111111■ MEN gloom INS -�;111111�11�1111111111111111r �► �� ,��� 1111. • ■■■■■■■■■■■■■■■ = � �►��� � 11111111.. �. ■1111■ ■ ■� ■ ■ ■ ■ ■ ■11r .1111111. �Iltl ■■■mi■i■■11■ ■111111 11111111 ►�IIltl —■ ■ ■g ■ ■ ■ ■ ■ ■■■ ■■r pw1111. 1111111 Illllltl ;, C 11111■ ■1111■■■■■ ■ 111ONNI ■1111111'► �- WN �'� 111���►w11 �■11■■■■■ p��■o■■o■■����■■�■�■t►� . , ► / �► main �: 111111111 �: iiiiiii : @monsoon r. 11111111. 1111111111 111 ■■ • 11111 �::� ■r C: ■■■■�■■ :: 11■■■■■■■ 1111.1111 ■iii■■ ...� .�� 1111■■■■■ ■■■■o■■■ :: ■■■■■■■■ .,� .■ ��_ , . :1111111■ .1111■ . /�i ■ ■ ■ ■ ■■ :p .. ■■■■■■■■ .111111111. 1111111111 ��� ■ ■�� ■■ .■ ������.■ 1111 �� 1111111111 1111■■■■■ pp .. ■ ■ ■ ■■ � .. 1111■■■■■ .. 11■■■■■■■ - "1111��C 11111111►: ■ ■ ■ ■ ■ ■ ■�� ■ ■���. ■■ �� ■■■■■■■■ C 1111111: 1111IIrI /. - ■ ■� ■ ■ ■■ -... ■■■■■■■■ .� ■■■■■■■■ it r �' �. ��_�� �� , , , ��- ■ ■���� ■■ fir` ■ ■ ■ ■ ■ ■ ■■ �,� �� �� �� ■� 1111 ■11 �; ■■■■■■■■ ��' ■ ■ ■ ■ ■� ■■ AGENDA REPORT NO. 004 FOR: City Council 0 Date: January 6, 2005 TO: Gary Crutchfie Mhrector y Manager Workshop: 1/10/05 Regular: 1/18/05 FROM: Richard J. Smi Community & Economic Development SUBJECT: Sale of 0.46 acre site on Commercial Avenue I. REFERENCE(S): A. Resolution Authorizing Sale of 0.46 Acre Parcel B. Purchase and Sale Agreement II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 1/10/05: DISCUSSION l/ 18/05 MOTION: I move to authorize Resolution No. �1O accepting the Purchase & Sale Agreement with Trus -Way of Tri- Cities, Inc. for the sale of a 0.46 -acre site fronting on Commercial Avenue and further authorizing the City Manager to do all that is necessary to complete the sale. III. ' FISCAL IMPACT $27,600 (less expenses and closing costs) in revenue to the City. IV. HISTORY AND FACTS BRIEF: A. Both Trus -Way and Parr Lumber, now located in central Pasco, wish to relocate and expand their operations. These companies are major suppliers to the residential building industry in Pasco and the Tri- Cities. V. DISCUSSION: A. Trus -Way and Parr have selected a site on Commercial Avenue for the relocation of their operations. They will have a need for additional land totaling 0.46 acres. B. The attached purchase and sale agreement (see Exhibit B) will effect the sale of the additional land needed to accommodate this industrial expansion. C. Points of note in this Agreement are as follows: (1) The agreed upon sale price is $60,000 per acre or $27,600 for the 0.46 -acre site. (2) The City must reimburse the Buyer for the cost of Phase I and II Environmental Assessments (up to $2,500). D. Staff agreed to the proposed sale, subject to approval by the City Council. Staff recommends Council approval of the Purchase and Sale Agreement. 3(h) �e7�f✓� RESOLUTION NO. !!JJ EXHIBIT A A RESOLUTION regarding the sale of a 0.46 acre parcel on Commercial Avenue to Trus -Way of Tri- Cities, Inc. WHEREAS, Trus -Way needs 0.46 acres of land on Commercial Avenue to accommodate their expansion needs; and WHEREAS, said property is surplus to the needs of the City; and WHEREAS, Trus -Way has agreed to pay $ 27,600 for the 0.46 -acre site; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby accepts and approves the Purchase and Sale Agreement attached hereto as Exhibit "A" regarding city - owned real property fronting on Commercial Avenue in Pasco. Section 2. That the Pasco City Council hereby authorizes the City Manager to execute the Purchase and Sale Agreement and further authorizes the City Manager to do all else necessary to conclude the sale of said real property in accord with the Agreement. PASSED by the City Council of the City of Pasco, this day of 2005. CITY OF PASCO: Michael L. Garrison Mayor ATTEST: Sandy L. Kenworthy Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney DEC.27.2004 9 :34PM TIPPETT COMPRMY REAL ESTATE PURCHASE AND SALE AGREEMENT (Please read carefully before signing.) Pasco, Washington October 2004 IYV. ODJ F. J/0 EXHIBIT B A -595 Received from Tnls -Way of Tti- Cities, Inc., or Assigns (Buyer), the sum of $11200.00 in the form of check for $1,200.00, which will be deposited with Chicago Title Insurance Company by Broker within 10 days after mutual acceptance. The earnest money will be applied as a credit to Buyer on the closing of the following described real estate, which Buyer agrees to buy and Seller agrees to sell, located in Franklin County, Washington, and legally described as follows: 1 2, 9 That portion of the Northwest Quarter of Section 21, Township 9 North, Range 30 East, W,M -, comprised of approximately .46 acres, shown on the map marked Exhibit "A" attached hereto and by this reference made a part of this Agreement. • GENcY DISCLOSURE: At the signing of this Agreement the Listing Broker, Tippett Company of Washington, LLC represented Buyer and the Seller represented itself. Buyer understands that Broker also represents Tippett Land and Mortgage Company in a companion transaction involving adjacent property and Buyer hereby waives any conflict of interest created by such representation. Each party signing this document confirms dtatprior or and/or written disclosure of agency was provided him /her in this transaction. Each party confirms that they have received and reviewed a pamphlet entj fled "The Law of Real Estate Agency". .rt,t, qua, -qty, ,,Q s pr k+nd�+A SbGws/ 2 l, W. ) payable' cash PURCHASE PRICE_ The total price is at closing, including earnest money. Provided, however, that if the survey, which is to be provided by Seller, indicates subject property is more or less than .46 acres, the amount of land more or less than .46 acres will be multiplied by $ Per acre an the purchase price will be adjusted accordingly. 4o, WIX Do CONTINGENCIES_ This transaction is contingent r on: a) Prior to closing, Seller will, at its expense, survey and stake the comers of the subject parcel and complete a � 'D,' A d'iG cap(' rintal . b) Upon mutual acceptance, Buyer shall have a period of ninety (90) days to conduct a feasibility study on the property. The feasibility study shall be at Buyer's sole expense and shall be acceptable to Buyer in Buyer's sole discretion. The Buyer, or an authorized agent of Buyer, shall have the right, at reasonable times upon prior notice and authorization by Seller, to enter upon the property for the purpose of conducting this feasibility study. The feasibility study shall include, but not be limited to; (i) inspection of the property including structural inspection, soils and geological study, hazardous waste inspection and Phase I and Phase II Environmental Site Assessments, if desired; (ii) verification of utilities; (iii) appraisal; (iv) survey of the property; and (v) investigation of location and nature of easements and encumbrances of record to insure that they do not interfere with Buyer's plans and usages of the property. If the Buyer fails to give written notice to the Seller of Buyer's approval of the feasibility study and/or waiver of this contingency by the end of the aforementioned 90 -day period, this Agreement shall terminate, and the earnest money shall be returned to the Buyer. Buyer shall deliver to Seller copies of all reports received or prepared in conjunction with Buyer's feasibility study, regardless of whether or not the contingencies are fulfilled or waived. A* &) T--?mrm*-k (-f F&UO— la*� -1— 9"' Ce�l ' Real Estate Purchase and Sale Agreement Page 1 of 5 DEC.27.2004 9 :35AM TIPPETT COMPANY NV.bSJ r.vic A -595 Seller will reimburse Buyer for the p SE AN P SE ENVIRO ME TA AS ES property to an amount costs of Phase I and Phase II Environmental Assessments performed on subject ro etty equal to the actual documented costs or $2,500 .00 whichever amount is less. Said reimbursement shall , occur irrespective of whether this transaction closes or does not close, 11M R TANEOU_�S CT- OSING.. Buyer shall not be obligated to close this transaction ompany is the Sellere simultaneous closing of adjoining'/. 11 acres wherein Tippett Land & Mortgage 5. BUYER'S REP I ENTATION: Buyer represents that Buyer has sufficient funds available securing successful this sale in accordance with this Agreement, and is not contingent upon Buyer financing 7. TITLE: Title to the property shall be arketable at closing. Rights, reservations, covenants m . d encroachments conditions and restrictions presently of record or of apparent use, easements an with record or apparent use, not materially shallnnot cause the titlerto be considered unmarketable- Buyer's intended use of the property Additionally, the property is subject to the standard policy printed exceptions of Chicago Title Insurance Company, and the encumbrances, if any, retained by Seller for security as set forth in this Agreement. Buyer accepts the property subject to all easements and encroachments of record or of apparent use, including, but not limited to, easements granted to or retained or held by public utilities or governmental entities, and subject to restrictions and reservations for the supply of water and water rights and future assessments therefor, Buyer shall conclusively be deemed to have accepted the condition of title unless Seller receives notice of Buyer's objections within thirty (30) days after preliminary commitment for title insurance is received by and made available to Buyer. Encumbrances to be discharged by Seller shall be paid by Seller on or before closing and may be paid out of the closing. g. TITLE INSURANCE,. The parties authorize the closing agent, at Seller's expense, to apply for e standard form owner's policy of title insurance to be issued by Chicago Title Insurance Company. The title insurance shall contain no exceptions other than those contained in said standard form, those referred to in this Agreement, those accepted by Buyer, and those not inconsistent with this Agreement. If title is not so insurable and cannot be made so insurable prior to closing, Buyer may elect either to waive such encumbrances or defects and proceed with the closing, or to terminate this Agreement and receive a refund of the earnest money, at which time, this Agreement shall be at an end. Buyer acknowledges that a standard form title insurance does not insure the location of boundaries, and that an extended form of insurance is available at additional cost, with such additional cost to be borne by the Buyer, 9, C EY NCE• Title shall be conveyed by statutory warranty deed free of encumbrances and defects except those included in this Agreement or otherwise acceptable to Buyer. 10. UTILITI S: Seller represents to the best of Seller's knowledge that the following services are or will be available to subject property prior to closing: electricity, telephone, City of Pasco charge hookup hookups of sewer and water will be constructed to the property • able b charge Buyer to the fees which are to be paid by Buyer; however, no front or area charges will be pay Y Y City of Pasco. Page 2 of 5 Real Esea[e Purchase and Sale Agreement DEC.27.2004 9 :35AM TIPPETT COMPANY NU. b70 r. sic A -595 11, pgppERTY [ ONAITION: Seller represents to the best of Seller's knowledge that Swaesr > not a of any material facts adversely affecting the property except that subject property previously municipal landfill. event not later than 150 days after mutual acceptance, by Chicago Title 12. C OSI G: This sale Shall be closed within ten (10) days after satisfaction or waiver of al contingencies, but in any Insurance Company, "Closing" means the date on which all documents re with closing gent all re proceeds are available for disbursement to Seller. Buyer and Seller shall deposit documents and monies required to complete this sale in accordance with this Agreement. 13. CLOSING COSTS AND PROR TIO S: Seller shall pay all customary and usual closing costs paid by Sellers of Real oe of document County, preparation, one -half of the escrow insurance s, and pro-ratable items. tau, survey costs aid by Buyers of Real Estate in Franklin County, Buyer shall pay all customary and usual closing P Washington, including recording fees, one-half of document preparation, one-half of escrow fees, and pro - ratable items. 14. POSS ESSYON_= Buyer shall be entitled to possession on closing. 15, hlRForeign investment In applicable. P operty Tax Actt(FIRPTA), unless Seller pfurnishes to Buyer an affidavit of non - foreign status. Seller and Buyer agree to comply with FIRPTA, if applicable. Seller is a U.S. Municipal Corporation. Buyer is a U.S. Corporation. 16. NOTIC : Unless otherwise specified in this Agreement, any and all notices required to be given under this Agreement must be given in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed to be given when actually received by or at the residence of the Seller. Notices to Buyer must be signed by at least one Seller and shall be deemed to be given when mustlkeep Brokers or at the residence of Buyer, or by or at the office of Selling Broker. Both parties advised of their whereabouts. Brokers have no responsibility for notices beyond calling the patty or delivering the notice to the party's last known address, 17. COMPUTATION OF TIME Unless otherwise expressly specified herein, any period of time specified in this Agreement shall expire at 4:00 p.m. of the last calendar day of the specified period of time, unless the last day is Saturday, Sunday or a legal holiday, as prescribed in RCW 1. 16,050, in which event the specified period of time shall expire at 4:00 pm. of the next business day. Any specified period of seven (7) days or less shall include business days only. 18, DEFAULT /TER INATION: If this Agreement is terminated for any reason, any costs authorized under this Agreement to be advanced from the earnest money deposit shall be deducted before the d to Seller. If a dispute remaining earnest money is refunded to Buyer or forfeite y should i o arise regarding lead the funds the disbursement of any earnest money, the party holding the earnest money may rP into court. Furthermore, if either Buyer or Seller defaults, the non - defaulting party may seek specific performance or damages, and the Seller may, under some circumstances retain the earnest money as liquidated damages. page 3 of S Real Esute purchase and Sale Agreement DEC.27.2004 9 :36RM TIPPETT COMPRNY Hu. bJ' r.oio A -595 Seller's sole and exclusive remedy The earnest money shall be subject to retention by Seller, as purchase of the property, pursuant hereunder, in the event Buyer fails, without legal excuse, to complete the purchase of the property. In the event that the Buyer fails, with legal trremt then the earnest money shall be refunded to the Buyer, to the terms and provisions of this Agr less any costs authorized under this Agreement to be advanced from the earnest money deposit as a cost of the Buyer. Each Buyer and Seller shall have all the rights and remedies afforded to them at law or equity, and pursuant to the terms of this Agreement. modify this 19, GENERAL This AgrGeemenT onstitutes the full understanding between Sellerland Buyer. Buyer has Agreeme and has reached Buyer's own conclusion as to the adequacy and personally observed the property specified acceptability of the property based upon such personal inspection. Unless otherwise expressly e l nderstood herein, square footage, dimensions and /ox boundaries used in marketing the property to be approximations and are not intended to be relied upon to determine the fitness or value of the property. CATIONS: This 20 Ghave taD— T— licati PL1 Agents are not permitted toagive legal rorgtax advice.. if you ahave any will ents, You questions regarding this Agreement and the addendums> attachments or other relathis dog sact on, the should consult an attorney or tax advisor. Further, if a dispute arises regarding r Broker) shall recover costs and reasonable attorney's fees, prevailing party(ies) (i.e., Buyer, Seller o including those for appeals, 21. FA i__ LE T —RA S gnedTOanstrussion shall be thessame as transmission of any original. At the request of either party or closing agent, the parties will confirm facsimile transmitted signatures by signing the original document. 22 CONDtTIO and is sfamPEiar with the conditions of all property which istthe object of this agreement. Buyer accepts and agrees to purchase the property, real and personal, on the property which is the object of this agreement in its present condition, "as is ", without reliance upon any representation made by owner as to the condition or suitability of said property. There are no warranties, express or hreof. Seller has made implied, which are the object of this offer beyond the description on the ofethe land. fixtures and no representations regarding the conditions or suitability for any purpose on his own judgment improvements which are the object of this transaction. Buyer is relying solely in entering into this agreement. ENTIRE AGREEM NT T document constitutes the entire agreement of the parties. There are no verbal or other agreements which modify or alter this agreement. Buyer and Seller further agree that they have read and understand all of the contents of this Real Estate Purchase and Sale Agreement and its attached Exhibit "A" - Map. OFFER TO PURCHASE: Buyer offers er purchase 04 Property this offer,, unlessssloonerr withdrawn. Seller shall have until 9:00 p.m. on October /' accept be effective until a signed copy hereof is actually received by or at the Acceptance by Seller shall not Page 4 of 5 Real Estate Purchase and Sale Agreement DEC.27.20a4 9.37RM TIPPETT COMPANY NU. b55 r. rib A -595 shall office of the Selling Broker. If this offer is not so accepted, it shall lapse and the earnest money be refunded to Buyer. BUYER: Trus -Way of Tri- Cities, Inc- 0 i� = Buyer's Phone (Work) Buyer's - Address ( Ci tY ,State, Zi P) 2004, Seller agrees to sell ACCEPTAN EE orCCOUNTER OFFER- On this date, October �t the property on the terms and conditions set forth in this Agreement. Seller acknowledges receipt of a copy of this Agreement signed by both parties 'I•,� n�Tf''"•S h�2004e to accept the counter offer, unless hereon, Buyer shall have until 4:00 p.m. on sooner withdrawn. Acceptance Shall not be effective until signed copy hereof is actually received by or at the office w Broker, If the counter offer is not accepted, it shall lapse and the earnest money shall be refunded to Buyer. SELLER: The City 0 Approved as to Form: Corporation of the State of Washington Manager By: Leland B. Kerr, City Attorney P.0 Box 293 Pasco WA 99301 50 545-3404 Seller's Address Seller's Phone RECEIP On this date: October 15a. , 2004, Buyer acknowledges receipt of a copy of this Agreement signed by both parties. If Seller has made a counter offer, Buyer accepts the counter offer. BUYER: Trus -Way of Tri- Cities, Inc. By: 4-�- -- Page 5 of 5 Real Estate Purchase and Sale Agreement O WH)E:C t7002')2'J31 AGENDA REPORT NO. 02 FOR: City Council DATE: 01/12/05 TO: ry Crutchfi anager Regular: 01/18/05 �ert J. Albe s, ub c Works Director FROM: Doyle L Heath, City Engiueer� Vw' . SUBJECT: Resolution Creating Utility Local Improvement District (U.L.I.D.) 142 I. REFERENCE(S): 1. Resolution 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 01/18: MOTION: I move to approve Resolution No. CAW- declaring Council's intention to create U.L.I.D. 142, and further, to set Tuesday, February 22, 2005 at 7:00 p.m. for a Public Hearing on this matter in the Pasco City Council Chambers. III. FISCAL IMPACT: lV. HISTORY AND FACTS BRIEF: Interest in having city sewer service in this area has varied since 1996. At the request of property owners desiring to have sewer service, staff held a neighborhood meeting to discuss the U.L.I.D. process on August 18, 2004. Forms were provided at that meeting to allow people in the proposed boundary to express their interest in being included in the U.L.I.D. Staff has received petitions from 48 property owners. Forty five property owners are in favor of creating this ULID which represents 52% of the 86 properties in the proposed boundary. The sewer system fees for this project will be at the 2004 rate and not the rate effective January 1, 2005. Staff believes this U.L.I.D. represents the desires of the majority of the people within this particular U.L.I.D. boundary and requests that the Council set the Public Hearing date for consideration of this matter. V. ADMINISTRATIVE ROUTING Project File 3(i) CITY OF PASCO, WASHINGTON RESOLUTION NO. A RESOLUTION of the City Council of the City of Pasco, Washington, relating to the waterworks utility of the City, including the sanitary sewerage system and the system of storm or surface water sewers as a part thereof; declaring its intention to initiate the formation of Utility Local Improvement District No. 142 to carry out a portion of the system or plan of additions to and betterments and extensions of the waterworks utility specified and adopted by Ordinance No. 3239, as amended by Resolution No. 2433, to provide for the expansion and extension and improvement of the sewer collection system of the City on West Wemett Road, West Jay Street, West Ella Street, West Leola Street, West Pearl Street and Roads 38, 39 and 40, all as applicable to such utility local improvement district; and fixing the date, time and place for a public hearing on the formation of the proposed utility local improvement district. WHEREAS, by Ordinance No. 3239, passed on June 16, 1997, as amended by Resolution No. 2433, passed on March 15, 1999, the City Council has specified and adopted the Comprehensive Sewer Plan as the system or plan relating to sewers for the Waterworks Utility of the City (the "System or Plan") and declared the estimated cost of the System or Plan to be $79,125,000; and WHEREAS, the Comprehensive Sewer Plan provides in part for the expansion and extension and improvement of the sewer collection system of the City on West Wernett Road, West Jay Street, West Ella Street, West Leola Street, West Pearl Street and Roads 38, 39 and 40; ON WHEREAS, to facilitate the financing of the expansion and extension and improvement of the sewer collection system of the City on West Wemett Road, West Jay Street, West Ella Street, West Leola Street, West Pearl Street and Roads 38, 39 and 40, through the issuance of water and sewer revenue bonds as contemplated by the Sewer Comprehensive Plan, the City Council has determined it to be in the best interests of the City that a utility local improvement district be created in connection with that portion of the System or Plan; NOW, THEREFORE, 50496192.01 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, as follows: Section 1. It is the intention of the City Council of the City to carry out the portion of the System or Plan providing for the expansion and extension and improvement of the sewer collection system of the City on West Wemett Road, West Jay Street, West Ella Street, West Leola Street, West Pearl Street and Roads 38, 39 and 40 by the construction of sanitary sewer lines, sewer stubs, a street overlay and all other work necessary for or incidental to the provision of sewer service to those areas (the "Improvements "). All of the foregoing Improvements shall be in accordance with the plans and specifications therefor prepared by the City Engineer, and may be modified by the City as long as such modification does not affect the purpose of the Improvements or the System or Plan. Section 2. To carry out the Improvements there shall be formed a utility local improvement district to be known and designated as Utility Local Improvement District ( "ULID ") No. 142 of the City of Pasco, Washington, the boundaries of which are described in Exhibit A, attached hereto and incorporated herein by this reference. Section 3. The total estimated cost and expense of the Improvements within ULID No. 142 is declared to be, as near as may be $769,700.00, the entire cost and expense of which shall be borne by and assessed against the property included within proposed ULID No. 142, which district embraces as nearly as practicable all property specially benefited by such Improvements. Actual assessments may vary from estimated assessments as long.as they do not exceed a figure equal to the increased true and fair value the Improvements add to the property. The assessments in ULID No. 142 shall be for the sole purpose of paying the cost and expense of carrying out the Improvements or for payment into the Water and Sewer Revenue and Refunding Bond Redemption Fund, 1991, if water and sewer revenue bonds hereafter are authorized to be issued to pay for all or a part of the Improvements within ULID No. 142 and such -2- 50496191.01 bonds are issued on a parity of lien with the outstanding bonds payable out of such fund or, if not issued on a parity of lien therewith, for payment into a special bond redemption fund hereafter created for the payment of water and sewer revenue bonds hereafter authorized to be issued by the City to provide the funds required to pay all or a part of the cost and expense of carrying out the Improvements. Section 4. The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed ULID by mailing such notice at least 15 days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the Franklin County Assessor at the address shown thereon, as required by law. This resolution also shall be published in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public hearing. Section 5. All persons who may desire to object to the Improvements described herein and to the formation of ULID No. 142 are notified to appear and present such objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Pasco, Washington, at 7:00 p.m., local time, February 22, 2005, which time and place are fixed for hearing all matters relating to the proposed improvements and all objections thereto and for determining the method of payment for those Improvements. All persons who may desire to object thereto should appear and present their objections at such hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the date of passage of the ordinance ordering the Improvements if the ULID is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. -3- 50496191.01 Section 6. The City Engineer is directed to submit to the City Council on or prior to January 18, 2005, all data and information required by law to be submitted. The foregoing resolution was ADOPTED by the City Council of the City of Pasco, Washington, at a regular open public meeting thereof this 18'h day of January, 2005. Mayor ATTEST: City Clerk FORM APPROVED: City Attorney -4- 504W 9z.a1 EXHIBIT A LEGAL DESCRIPTION ULID NO. 142 SEWER BOUNDARY DESCRIPTION A tract of land within state of Washington, Franklin County, Section 23, Township 9 North, Range 29 East, Willamette Meridian, beginning at the southeast corner of lot 1 of Short Plat 81- 11, said point being the intersection of the north right of way line of West Wernett Road and the west right of way line of Road 36 and the True Point of Beginning; thence north along the west right of way line of Road 36 to the northeast corner of lot 1 of Short Plat 81 -11; thence westerly along the north boundary line of lots 1, 2, 3 and 4 of Short Plat 8 1 -11 to the northwest corner of lot 4 of Short Plat 81 -11; thence westerly along the northern boundary line to a point at the northwest corner of the west 138' of the south half of the southeast quarter of the southeast quarter of the northeast quarter of section 23, township 9 north and range 29 east (Parcel # 119- 041 -073); thence southerly along the westerly boundary line of the West 138' of the south half of the southeast quarter of the southeast quarter of the northeast quarter of the section 23, township 9 north and range 29 east (Parcel # 119- 041 -073) to a distance of approximately 27.9 feet and the east right of way line of Road 38; thence westerly along the north right of way line of Road 38 to a point on the west right of way line of road 38 and the northeast corner of the south 300' of the southwest quarter of the southeast quarter of the northeast quarter of section 23 township 9 north and range 29 cast, exc. the west 412' thereof and exc. the east 30' and the south 30' for roads (Parcel # 119 - 042 -107) ; thence continuing west along said line to a point at the northwest corner of the south 300' of the west 300' of the southwest quarter of the southwest quarter of the southeast quarter of the northeast quarter of section 23, township 9 north and range 29 east (Parcel # 119- 042 -125) ; thence south along the westerly boundary line to a point at the southwest corner of the south 300' of the west 300' of the southwest quarter of the southwest quarter of the south east quarter of the northeast quarter of section 23, township 9 north and range 29 east (Parcel # 119 - 042 -125); thence east along the north right of way line of West Wernett Road to a point of intersection with the projected east right of way line of Road 40; thence south along said projected line to the intersection of the south right of way line of West Wernett Road and the east right of way line of Road 40; thence continuing south along the east right of way line of Road 40 to a point of intersection with the projected northerly boundary line of the north 100' of the south 327' of the east 206' of the south east quarter of the northwest quarter of the southeast quarter of section 23, township 9 north and range 29 east (Parcel #119- 141 -143); thence westerly to a point at the north west corner of the north 100' of the south 327' of the east 206' of the southeast quarter of the northwest quarter of the southeast quarter of section 23, township 9 north and range 29 east (Parcel #119 -141 -143); thence southerly along the west boundary line to a point at the southwest corner of the north 100' of the south 327' of the east 206' of the south east quarter of the northwest quarter of the southeast quarter of section 23, township 9 north and range 29 east (Parcel #119- 141 -143) ; thence easterly along the south boundary of the north 100' of the south 327' of the east 206' of the southeast quarter of the northwest quarter of the southeast quarter of section 23, township 9 north and range 29 east (Parcel #119 - 141 -143) to a point of intersection with the westerly right of way line of Road 40; thence south to the north right of way line of West Pearl Street, said point being the intersection of the west right of way line of Road 40 and the north right of way line of West Pearl Street; thence south to a point being the west right of way line of Road 40 and the south right of way line of West Pearl Street; thence east along the south right of way line of West Pearl Street to a 50496192.01 point of intersection with the south right of way line of West Pearl Street and the projected centerline of Road 38; thence north along said projected centerline of Road 38 to the south right of way line of West Pearl Street; thence east along the south right of way line of West Pearl Street to the west right of way line of Road 36; thence north along the west right of way line of Road 36 to the projected north right of way line of West Pearl Street; thence west along the projected north right of way line of West Pearl Street to the southwest corner of Lot 7, Block 4, Sun Acres West Addition; thence north along the west line of Lot 7 to the northwest corner of Lot 7, Block 4, Sun Acres West Addition; thence east along the north line of Lot 7 to the west right of way line of Road 36; thence north along the west right of way line of Road 36 to the intersection of the west right of way line of Road 36 and the projected north right of way of West Leola Street; thence west along the projected north right of way line of West Leola Street to the southwest corner of Lot 7, Block 3, Sun Acres West Addition; thence north along the west boundary line of Lot 7, Block 3, Sun Acres West Addition to the northwest corner of said lot; thence east along the north line of Lot 7 to the west right of way line of Road 36 and the northeast corner of said Lot 7; thence north along the west right of way line of Road 36 to the intersection of the west right of way line of Road 36 and the projected north right of way line of West Ella Street; thence west on the projected north right of way line of West Ella Street to the southwest corner of Lot 7, Block 2, Sun Acres West Addition; thence north along the west line of Lot 2, Block 2, Sun Acres West Addition to the northwest corner of said Lot 7; thence east along the north line of Lot 7, Block 2, Sun Acres West Addition to the west right of way line of Road 36 and the northeast corner of said Lot 7; thence north along the west right of way line of Road 36 to a point of intersection with the projected south right of way line of West Wernett Road; thence continuing north along the projected west right of way line of Road 36 to a point on the north right of way of West Wernett Road; thence east along the north right of way line of West Wernett Road to a point being the intersection of the north right of way line of West Wernett Road and the west right of way line of Road 36 and the southeast corner of Lot 1, Short Plat 81 -11, also being the True Point of Beginning. GENERAL DESCRIPTION OF IMPROVEMENTS: Project to be in Street: From: West Wernett Road Road 36 West Jay Street Road 36 West Ella Street Road 36 West Leola Street Road 36 West Pearl Street Road 36 Road 39 West Ella Street Road 38 West Leola Street Road 40 West Pearl Street 50496192.01 To: Road 40 Road 40 Road 40 Road 38 Road 40 268' S of West Ella Street West Ella Street 335' N. of West Pearl Street CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby certify as follows: 1. The attached copy of Resolution No. (the "Resolution ") is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on January 18, 2005, as that resolution appears on the minute book of the City; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the resolution. IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of January, 2005. CITY OF PASCO, WASHINGTON Webster U. Jackson, City Clerk 50496192.01 UTILITY LOCAL IMPROVEMENT DISTRICT 142 I 4009 _I ■ oil 3920 .0 1 ANN I I I PASCO 3621 3912 N 3 S 2 3 7 1 8 1 9 c 3921 3913 390 i3 N w 3804 3 2 1 B N IE 3821 — W- toy -ST 3620 3612 3804.. CR S5 6 3821.5 I 3909. _ I W. WERNETT . f W20-1 3812 3912 N 3 S 2 3 7 1 8 1 9 c 3921 3913 390 i3 N w 3804 3 2 1 B N IE 3821 — W- toy -ST 3620 3612 3804.. CR S5 6 .... I 3905 3621 4 '2 12 3720 3712 3704 3820 3fi12 3804 3604 3 2 3 4 5 6 5 12 11 10 9 6 O ry 3721 3713 3705 3621 3813 3 3720 - 3712 3704 3620 31^ 3612 J604 1 2 3 4 5 6 12 11 10 9 6 7 3721 3712 i 3704 3621 3613 3605 3809_._. _.. _. _ -W �J -. Me -- .. -. -i .. m - 0 er1 r m m r _ ULID 142 BOUNDARY yr ■ 1 3715 I _ 3617 I. 2 W. WERNETT RD 5 6 3712 3704 3620 3612 9 3720 iD 11 12 1 2 3 4 1 5 6 3605 3721 3713 3705 362r 3604 12 11 1' 9 6 7 3605 3721 3]13 3705 3621 i 3613 M. �xl ST (JO 3712 3704 3620 3612 3604 3720 w 1 .... I 3905 3621 4 '2 12 3720 3712 3704 3820 3fi12 3804 3604 3 2 3 4 5 6 5 12 11 10 9 6 O ry 3721 3713 3705 3621 3813 3 3720 - 3712 3704 3620 31^ 3612 J604 1 2 3 4 5 6 12 11 10 9 6 7 3721 3712 i 3704 3621 3613 3605 3809_._. _.. _. _ -W �J -. Me -- .. -. -i .. m - 0 er1 r m m r _ ULID 142 BOUNDARY yr ■ 1 2 3 4 5 6 12 11 10 9 6 1 iD 11 12 1 Mill 3813 3605 3721 3713 3705 362r 3613 �5 .... I 3905 3621 4 '2 12 3720 3712 3704 3820 3fi12 3804 3604 3 2 3 4 5 6 5 12 11 10 9 6 O ry 3721 3713 3705 3621 3813 3 3720 - 3712 3704 3620 31^ 3612 J604 1 2 3 4 5 6 12 11 10 9 6 7 3721 3712 i 3704 3621 3613 3605 3809_._. _.. _. _ -W �J -. Me -- .. -. -i .. m - 0 er1 r m m r _ ULID 142 BOUNDARY yr ■ AGENDA REPORT NO. FOR: City Council Date: January 5, 2005 Workshop Meeting: January 10, 2005 TO: Gary Crutchfie Manager Regular Meeting: January 18, 2005 Stan Strebel, A i Community Services Director FROM: Jim ha ance Manager SUBJECT: ELECT ONIC UTILITY & PROPERTY LIEN SEARCH SERVICES I. REFERENCE(S): Ordinance — Adopting Utility /Lien Search Fee and Amending Chapter 3.07 Fee Summary II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 1/10/05 DISCUSSION 1/18/05 MOTION I move to adopt Ordinance No. amending Chapter 3.07 Entitled "Fee Summary," and Amending Section 3.07.090 Entitled "Miscellaneous ", Establishing the Fee for a Utility /Lien Search, and to authorize publication by summary only. III. FISCAL IMPACT: The City will be providing title insurance and escrow closing companies the use of electronic access capabilities provided by Webcheck, Inc. (Webcheck) to obtain property lien information. Webcheck will bill the City a charge of $8.00 only when an electronic search of a property is performed by those choosing to use the service. The City, in turn, will bill those who access the system a $20 fee. Staff believes this fee is reasonable based on the increased speed and value that the City will be able to provide for this service. Based on estimates, the City might realize a small amount of new revenue for the General Fund based on the number of searches. Frequently the closing companies will access a property several times 1) to discover if there are any liens and 2) closer to the time of closing to obtain an updated statement and to determine'if any of the liens have been paid or the altered. The Webcheck service allows a 70 day window of time for access on a particular piece of property without any additional charges. IV. HISTORY AND FACTS BRIEF; In May, 2004, City Council approved and a contract was signed with WebCheck, Inc to provide their WebCheck Canopy Services where a title insurance company and or an escrow closing company can obtain access to water /sewer utility and other property liens and assessments information over the internet 24 hours a day and print the information for their use in completing real property sales transactions. The current utility and lien search process is handled manually by city staff. Title insurance and escrow closing companies call or fax their request for final property lien information to the City. The City has, by law, three days to respond if the request is made by fax and seven days to respond if the request is made by mail. As time allows, City staff research the particular parcel for any property liens (Local Improvement District assessments, housing rehabilitation loans, etc.). The parcel is also researched for any outstanding water /sewer utility bills and a calculation is made estimating the amount due to the proposed closing date as submitted by the title company or escrow official. The total of those items (outstanding liens; existing utility bills and estimated charges to the closing date) is then faxed back to the Title or Escrow representative within the 3 business day time period allowed. The Finance staff receives numerous telephone calls and/or faxes a week from title insurance and escrow closing companies requesting payoff information. The number varies anywhere from five to twenty requests per week. Each of these phone calls or faxes received takes time to research the information requested and prepare the data in a professional manner and transmit it back to those who requested it. 8(a) The Webcheck program was developed a whereby a title company or and escrow closing company can access the program via the internet and have read -only access to customer utility account balances and property lien balance information and can print a statement for their use. Staff can program our computers to send this information to Webcheck on a daily basis to provide and maintain current balances. V. DISCUSSION: Staff feels it is now ready to implement the service. The City currently does not charge a fee for the manual service. We are proposing to begin providing electronic utility and lien search capabilities with the manual service as a backup. It is the intention to charge for either electronic or manual service with the expectation that the manual process will be seldom used. However, we are required by Revised Code of Washington 60.80.020 to provide utility only lien service at no charge. Staff can continue to perform utility only manual searches at no charge. It is assumed that, in order to prevent liability exposure, the title and escrow companies will want to use the electronic process to secure the information for all liens. WebCheck has contracted with other cities in Washington for this service. The fees charged by some of those cities are as follows: City of Mill Creek, $25; City of Bremerton, $30; City of Lynnwood, $25; College Place, $8. Staff time performing manual searches would be held to a minimum, thereby saving time. Staff would, however, need to bill those companies on a monthly basis for this service and be certain the information we transmit on a daily basis to the Webcheck service is accurate. VI. OTHER COMMENTS: The State of Oregon currently requires cities to provide lien information electronically. Other Washington cities are looking at being able to provide this type of service. Staff is considering this also as an efficiency proposal. Small efficiencies like this help the Finance and Utility Billing staff to keep up with the constantly increasing workload. ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Establishing the Fee for a Utility /Lien Search and Amending Chapter 3.07 Entitled "Fee Summary," and Amending Section 3.07.090 Entitled "Miscellaneous ". WHEREAS, the City of Pasco provides water /sewer utility and other liens and assessments searches for the closing totals at the sale of a parcel of land in Pasco; and WHEREAS, the City is implementing an electronic service for accessing this information for the benefit of title insurance, escrow companies and other businesses; and WHEREAS, the cost of providing this service should be paid by those choosing to use the service and not shared by all the rate payers and, WHEREAS, the City Council has determined that a fee assessed in the amount of $20 is reasonable based on the increased speed and value that the City will be able to provide for this service; and WHEREAS, in conformity with the laws of the State of Washington, the fee will not apply to utilities only request, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Effective as of March 1, 2005, a Utility /Lien Search Fee will be assessed for each request in the amount of $20, excluding utilities only requests. Section 2. Section 3.07.090 entitled "Miscellaneous" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 3.07.090 MISCELLANEOUS A) Photocopy Fees — per copy B) Returned Checks Utility /Lien Search Fee (excluding utilities only requests) Fee /Charge Reference $0.15 Admin. Order #42 $25.00 3.112.010 20.00 (Ord. 3533 Sec. 1, 2002; Ord. 3543 Sec. 1, 2002; Ord. 3553 Sec. 1, 2002) Section 3. This Ordinance shall take full force and effect on March 1, 2005, 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 18th day of January, 2005. Michael L. Garrison Mayor ATTEST: Webster U. Jackson City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney AGENDA REPORT TO: City Council January 12, 2005 FROM: Gary Crutchfield, City Manager Stan Streb mistrative and Community Services Regular Mtg.: 1/18/05 SUBJECT: Definition of Pit Bull Terriers as Potentially Dangerous Animals I. REFERENCE(S): 1. Proposed Ordinance (PMC Title 8) 2. Proposed Fee Ordinance (PMC 3.07) 3. "Bad Breed" Insurance Blacklist 4. Canine Good Citizens Test Items 5. National Animal Interest Alliance article on Insurance 6. Animal Control Fee /Penalty Comparison II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/18: MOTION: I move to adopt Ordinance No. , amending Title 8 of the Pasco Municipal Code regarding potentially dangerous animals and, further, to authorize publication by summary only. MOTION: I move to adopt Ordinance No. , amending Section 3.07.020 of the Pasco Municipal Code regarding Animal Control fees and further, to authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Since the Council meeting of January 10, staff has revised the proposed ordinance (amending PMC Title 8) to include the addition of the word "physically" (8.02.010 (5)(d)) to further clarify an owner's responsibility to confine unattended dogs on the owner's premises. B) Staff has also checked to determine if other substitute testing or certification may be considered in lieu of the Canine Good Citizen test for certain "show" dogs. Unfortunately, no one tool emerges that is as simple and effective as CGC. Some awards are more focused on the "appearance and grooming" while others may be more "obedience" oriented (but certainly an obedience award winner should be able to pass CGC). Lacking one identifiable alternative, staff suggests that the CGC be adopted as the standard. The remote possibility that a pit bull "champion" will be found resident in Pasco, yet unable to pass CGC, does not seem to justify special legislation for that event. C) Staff recommends adoption of the ordinance (PMC Title 8) which includes the revised definition by adding "pit bulls" as potentially dangerous animals, the clarification of permit fees for dangerous and potentially dangerous animals and the exemption to the potentially dangerous permit requirements for pit bulls which pass the CGC test. The ordinance further creates an additional notification of adjacent property owners and occupants requirement for owners of dangerous and potentially dangerous animals and clarifies control and confinement responsibilities for such owners. D) Staff also recommends adoption of the ordinance (PMC 3.07) which increases the fee schedule for animal control penalties as attached. 8(b) E) At the November 15 meeting of the City Council, a citizen expressed concern about a recent pit bull attack on her husband and the growing number of such dogs in the community. Staff has found three basic of approaches used in cities throughout the state to address this issue: 1. State minimum: no special restrictions on the dog unless the dog's behavior violates the standard within state law (equivalent to a "free bite "); 2. "Potentially dangerous ": a particular breed is classified as "potentially dangerous" and required to comply with special provisions, such as an enclosure, insurance, permit, etc.; 3. Ban: a particular breed is specifically prohibited within the jurisdiction's boundaries. F) Several Washington cities have banned pit bulls entirely. Yakima's ordinance was upheld by the courts in 1989 so the legality of a ban is not a serious legal question. The court further clarified (through a more recent case) that the state's rules are the minimum requirements; a city possesses the authority to impose greater restrictions if it deems it necessary and appropriate for its citizens. G) Kennewick's ordinance classifies pit bulls as "potentially dangerous" and requires the owners of pit bulls to: • Obtain a special permit from the city; • Provide a specified enclosure for the dog on the property; • Post notice of a "potentially dangerous" dog on the property; • Provide insurance or bond of $250,000; • Notify neighboring property owners of the confinement plan for the potentially dangerous dog. H) The member of pit bulls in Pasco (as well as Kennewick and Richland) is unknown, however, based on information from the poundmaster, it appears that Pasco has a disproportionate number of pit bulls as compared to Kennewick due to their more restrictive Ordinance. As the Kennewick ordinance is more effectively enforced, some pit bull owners in Kennewick are choosing to move to Pasco (with their pit bulls) rather than comply with Kennewick's licensing standards. I) Substantial information has been provided to Council by those opposing any form of "breed specific" legislation, particularly bans of certain breeds. All of the alternatives offered by these sources permit the status quo; that is, the owner of a pit bull needs to do nothing more than the owner of a poodle, until his /her dog actually harms someone (or another animal) -the so- called "free bite" syndrome. V. DISCUSSION: A) The insurance industry is growing in its awareness that specific dog breeds pose a greater risk under homeowner's liability policies. Please see the attached list (Attachment #3) of major insurance companies (11) of which seven (7) imposed some sort of restriction for homeowners insurance based on the specific breed. This information was obtained from the website of the American Kennel Club, AKC. B) Under current circumstances, growth in the number of pit bulls in Pasco is certain to occur. The mobility of some pit bull owners (particularly renters) and the availability of rental homes throughout Pasco offer an alternative to compliance with Kennewick's ordinance. The effect, however, forces current Pasco citizens to accept a higher -level of risk associated with the presence of pit bulls while Kennewick citizens enjoy reduced risk. If both cities have the same standard, one is not benefiting at the expense of the other. C) It is important to note the practical effect of the different standards. In Kennewick, a pit bull will be impounded unless the owner complies with all the special requirements (including insurance). Thus, if a licensed pit bull in Kennewick does in fact bite someone, (which is less likely because of the containment requirements) insurance is available to the victim. By contrast, in Pasco, a pit bull cannot be impounded unless it is loose and off the owner's property; even then, it can be easily redeemed by the owner by simply paying the impound fee (and a license fee, if not already licensed). Kennewick regulates the owner and the dog; Pasco regulates only the dog. Unfortunately, the only time a pit bull in Pasco must be contained and insurance provided is after it has bitten someone; in all too many cases, the owner will not have the insurance and the victim is not only physically harmed but "out of pocket" for medical expenses as well. D) Staff recommends the Kennewick standard be adopted (rather than a "ban ") to balance the risk of citizen exposure and to improve the ability of the Tri- Cities Animal Control to impound pit bulls possessed by irresponsible owners (those that will not provide enclosures and insurance). Doing so will reduce the exposure of Pasco citizens to potential harm from the growing number of pit bulls in the city. As a step to recognize responsible pit bull owners, staff recommends that any pit bull that passes the Canine Good Citizen (CGC) program as provided by the American Kennel Club can be exempt from the "potentially dangerous" classification and permit requirements. Staff recommends that this status be re- certified every two years. The CGC program can be offered by the Animal Control Contractor (as a certified evaluator by AKC) at relatively low cost (typical is $10 - $20). The CGC evaluation tests are summarized on attachment #4. On its website, the National Animal Interest Alliance has posted an article which credits Nationwide Insurance with allowing homeowners with one of the so called "bad breeds" to obtain insurance (if they otherwise qualify) if the animal passes the CGC program. (See attachment #5.) Staff has had preliminary (and positive) discussions with administrators in Kennewick and Richland regarding the possible area wide use of the CGC program. E) If Council chooses to adopt significant changes as presented herein, it is suggested that the effective date of such changes be sufficiently delayed so as to allow the public adequate time to adjust to the new laws. The proposed ordinances contain provisions for July I" effective dates. Potentially dangerous animal fees will be pro- rated for the balance of 2005 for animals affected by the new ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING TITLE 8 "ANIMAL CONTROL" OF THE PASCO MUNICIPAL CODE CONCERNING DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS. WHEREAS, the City Council was recently informed by citizens of an unprovoked attack of a citizen by a "pit bull" dog while the dog was on a leash under the control of it's owner and on a public way; and WHEREAS, the City Council has been advised of other concerns held by citizens regarding the dangers associated with pit bull dogs in neighborhoods throughout Pasco; and, WHEREAS, the city's poundmaster has advised the City Council that Pasco contains a disproportionately higher number of pit bull dogs per capita than does the neighboring city of Kennewick, as evidenced by his patrol experience and impoundment records; and WHEREAS, the city of Kennewick has in force a local regulation which defines "pit bull terriers..." as potentially dangerous dogs and requires such dogs to meet special requirements relating to confinement, insurance and notification to neighbors; and WHEREAS, it is apparent that persons previously residing in the neighboring city of Kennewick have relocated to Pasco to avoid Kennewick's pit bull regulations, thus increasing the exposure of harm to current Pasco residents; and WHEREAS, the City Council after lengthy public discussions of these concerns, finds that declaration of "pit bull terriers..." as potentially dangerous dogs is necessary to authorize impoundment of such potentially dangerous dogs by the poundmaster unless the respective owners comply with the confinement, insurance and notification requirements, thus restoring the reasonable expectation of safety of Pasco citizens; and WHEREAS, the City Council further finds that use of the "Canine Good Citizen" (CGC) test, offered by the American Kennel Club (AKC), is an appropriate means by which owners of well - behaved "pit bull terriers... ", otherwise classified as potentially dangerous under the new rules, are afforded the opportunity to be exempted from the new classification; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That PMC Chapter 8.02.010 entitled "Definition of Terms," subsections (5) and (14) are hereby amended and shall read respectively as follows: (5) "At Large" means off the premises of the owner or upon the public streets, alleys, public grounds, school grounds or parks within the city. A dog shall not be deemed at large if: (a) It is attached to a leash or chain of sufficient strength to restrain the dog and not more than eight feet in length, when said leash or chain is held by a person competent to restrain and control the dog off the owner's premises; (b) It is properly restrained within a motor vehicle or housed in a veterinary hospital; (c) It is accompanied by and "at heel" beside the owner or a competent responsible person; (d) The dog or dogs are left unattended on the owner's premises, and it or they shall be so physically confined, tied or restrained as to be unable to range beyond the owner's premises. (14) "Potentially Dangerous Animal" means any animal that when unprovoked: (tt) inflicts injury on a human or a domestic animal, or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or (c) has a known propensity, tendency, or disposition to attack, or to cause injury or otherwise to threaten the safety of humans or domestic animals:, or (d) i a Pit Bull 1- eir_im which means any merican Pit Bull lcrrier, Staffordshire Bull Tcnier or et ltry dH >tarntrrrnl r aounif�d as t l3tkA- c Ierricr breed of daIcrr�Au7eriCan Staffordshu ot ,ins ,Illoxtl. hi-ecd (it d>L v1tich contwins as an element of its hreedinR the N-Ced ref lrrpaian Pit _13till lclnc,t or_S(aflur "dShirU Bull rerner. or Arnetican Staflbrdshhc (ulier_ Irc wzI,wifiahle its partially_of the breed American Pit Bull Terries_ ill .fol(1;lurc Bull 'Ferric I-. or- A met iean Staffordshire Terrier., Section 2. That PMC Chapter 8.02.320 entitled "Wild, Potentially Dangerous and Dangerous Animals_': subsections (5), (() - (OLI) and "S ) are hereby amended and shall read as follows: (5) Permit Required: No person shall have, keep or maintain any wild, potentially dangerous or dangerous animal without first obtaining an annual permit from the poundmaster. The fee Igr such nennit shall he in addition to the regular annual liccnte- c ±. A permit will only be granted if the applicant has provided and maintains: (a) a proper enclosure to properly and safely confine the animal as determined by the poundmaster, (b) a conspicuously posted sign on the premises which clearly warns the public and children that there is a wild, potentially dangerous or dangerous animal on the property, (c) $250,000 surety bond issued by a surety insurer qualified under RCW 48.28 in a form acceptable to the poundmaster payable to any person injured by the wild, potentially dangerous or dangerous animal; or liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW 48 in the amount of at least $250,000, insuring the owner for any personal injuries inflicted by the animal.- alld i(l) l�ru+tf !_halt all surrouncfll;_ c'rt , owners and oeeurrants have been nutil9ed acid liven an 2}2JL rluunt -Lo-comment oil the confinement plans. (6) It) Permit Requirenti:nt: An animal that is classified as - Potentially dam rcrotts" nndet the provisions of subsection S 0" 010 (14)(ch may exempted from the l'rermit iciaiiremeni,s of the above subsection (5), provided such animal has pas,cd the t _aar>c . t iood_('11, u, K'( test of the American Kennel Club (AKC:)_ as administcrzd by ti(cloundni istcr en the, annual Control Authority. and receivers the WI)Torriate certificate hn_rl iAht Such ur,irt;11 shall be retested and passed at least once every Iwo vears in order I I , i'lim in this ct:ern non. Control and Confinement: Danacron5 aiand 1 tentiaN ' �otentiall dangerous animal; must be r u_ l l_antl securely leashed, restrained and under the control of a person physically able to control the animal when away from the property of the owner or keeper; or, while on the property of the owner, must be securely +�strai* "y Ele�qee-or !llji_n -__ {-proper enclosure as defined in section 8.02.010 made of materials strong enough to adequately and humanely confine the dog in a manner which prevents it from escaping the property-- aild tr)pre\ent thc_�iiu',_of.._yrnm chikdlren and kept in conformance with requirements in section 8.02.320(5). anim+tl andl3Htt n++t+l3 dangerHtt: __„ ; =R+as-rrrust be -mum' a ra 1 a+ l i.: +ni- +l- tl�ali- -�H -4+ lhi++d r+t3der jalry Ea ran F- :; = =�zspo+rsible per a+t +vhT t ;eHper N ref the e = Hr- Keeper + Fi +nom r er H1 E#e ONY et:. -44 0H 1 €l - r= Ftiufhjed- ttsstde it to ed-lHili(i*g, lEe+rtel pen -H Httie ku u+ Fia to :icl -tHp st +i ble -ire {rr e++ e ++tr H1- -y��n+g car }dr�n i+r"e ned r . , ii t- iiiii;l'ti- t1= N +'r'rc+ccil-itH �- i+++ ci- ic�± t-} H- b' Hf} lflr+}} cmvo- cv�iir- rcE }tHfi't?tiiCRt!'s#+r',i2t;t}Hn �i 4iolarinns.uidReaulition: (de- numbersubsectiononly) Section 3. This Ordinance shall take full force and effect on July 1, 2005 after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington and approved by law this day of 2005. Michael L. Garrison, Mayor ATTEST: Webster U. Jackson, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, amending Section 3.07.020 of the Pasco Municipal Code regarding Animal Control. WHEREAS, The City Council of the City of Pasco, Washington, has determined that certain amendments regarding Animal Control Fees are necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 3.07.020 of the Pasco Municipal Code is hereby amended to read as follows: 3.07.020 ANIMAL CONTROL: A) Penalty Provisions: Fee /Charjge Reference 1) First Offense w /in 5 -years $30.00 $50.00 8.02.360 2) Second Offense w /in 5- years $59:00 $100.00 8.02.360 3) Third Offense w /in 5 -years $75.00 $200.00 8.02.360 4) Four or more w /in 5 -years $100.00 $400.00 8.02.360 B) Annual License Fees: 1) Unaltered $45.00 8.02.365 2) Altered, spayed or neutered $10.00 8.02.365 3) Replacement Tags $5.00 8.02.365 4) Senior Replacement Tags $3.00 8.02.365 5) Kennel and Cattery $50.00 8.02.365 6) Dangerous or Wild Animal Permit $250.00 8.02.365 7) Late Fee: $10.00 8.02.365 8) Discounts to low income Senior $3.00 8.02.365 Citizens - (altered, spayed or neutered) C) Impound Fees: 1) First Offense w /in 12- months $35.00 8.02.080 2) Second Offense w /in 12- months $50.00 8.02.080 3) Three or more w /in 12- months $100.00 8.02.080 4) Boarding Fee (per day) $10.00 8.02.080 (Ord. 3610 Sec. 1, 2003.) Section 3. This ordinance shall take full force and effect on July 1, 2005 after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco at its regular meeting this day of , 2005. Michael L. Garrison, Mayor ATTEST: Sandy L. Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Attachment #3 Insurer "Bad Breeds" Blacklist? Comments Allstate Yes—pft bulls. Staffordshire ! No new policies will be written for owners of Temers, Doberman these breeds. Pinschers. Rottweilers, Chovrs, Presa Canaries. Akitas, wolf - hybrids, and f Huskies. qtG Yes—pit, bulls, Doberman Pinschers, Rodwreilers. �Axa Yes Clarendon as Farmers No Prospective policyholders are asked to report whether they have a "vicious animal' on the (Insurance Group (premises. Once there is a claim, the pet is specifically excluded from coverage. The company also won't take new business from people who have had dog -bite claims in the last three years, even if the family no longer owns the pet. Liberty Yes-- Akitas, Alaskan Mixed -breed dogs have to be verified by a Mutual Malamutes, Chows, veterinarian to not be predominantly any of i Doberman Pinschers. these breeds before policy will be issued. German Shepherds, ph bulls or Staffordshire Terriers, Rottweilers, Siberian Huskies, Press Canaries. Marc" No Offers f O% discount for families that don't own Casualty Company a dog or are willing to take their dog off their policy. Nationwide Yes— Rottweilers, Doberman Pinschers, pit bulls, Presa Canaries, Chows or wolf- hybrids. (Prudential No May vary from state to state. Qualsure s— Akdas, Chows, Insurance berman Pinschers, pit Corp. rbulls, Press Cananos and I ttweHere. Farm No If there has been a bite history, the company iState will ask that the offending dog be removed from ( - the home. This list compiled in July 2002, is not comprehensive and is subject to change, Attachment #4 TABLE OF CONTENTS PART II. SCORING SPECIFIC TEST ITEMS.... 1 9 ITEM 1: ACCEPTING A FRIENDLY STRANGER....... 19 ITEM 2: SITTING POLITELY FOR PETTING ......... 20 ITEM 3: APPEARANCE AND GROOMING .......... 21 ITEM 4: OUT FOR A WALK .................. 22 ITEM 5: WALKING THROUGH A CROWD ......... 23 ITEM 6: SIT AND DOWN ON COMMAND/ STAYING IN PLACE . ............................... 24 ITEM 7: COMING WHEN CALLED ............... 25 ITEM H: REACTION TO ANOTHER DOG ........... 2 6 ITEM 9: REACTION TO DISTRACTIONS ........... 27 ITEM 10: SUPERVISED SEPARATION ............ 28 2 .IA. Attachment #5 Pagel of 1 6— rrrUtmP9i'¢A P-e-4 e- &-A�e, A ae &wo--r't'tfJ['zi3'2rt.Kr Ee4i➢ , dra f:zoe ze a, a+'a�;.( / Nationwide rewards AKC Canine Good Citizens and their owners .4AIA salutes Nationwide Insurance for a ground - breaking initiative that rewards good dog behavior and - esponsible pet ownership with insurance. .4ationwide now offers homeowners insurance to the owners of some previously prohibited breeds and mixed breeds f the dog successfully completes the AKC Canine Good Citizen Test. The CGC is the American Kennel Club's rssessment that recognizes responsible owners of well- behaved dogs. Prior to this initiative, many insurance ,ompanies automatically excluded households with certain breeds from homeowners' insurance no matter how well - nannered the dogs, no matter how responsible the owners. ?or decades the mantra among knowledgeable dog owners has been "punish the deed, not the breed." With this nnovative undertaking, Nationwide Insurance has taken an important step in that direction by recognizing good dog )ehavior as a valuable community asset, no matter what breed or mix the dog may be. 3ere's what the company said in its announcement: 'Nationwide has begun to allow the owners of certain prohibited dog breeds to attain homeowners insurance if they )rovide an original copy of a certificate demonstrating successful completion of the AKC Canine Good Citizen irogram. This provision is currently available in limited areas and provided the applicant meets traditional Inderwriting requirements. The Canine Good Citizen program demonstrates responsible dog ownership and we ;ertainly hope this change will prove successful." 4uthors note: My breed has never been blacklisted, but as a dog lover who appreciates corporate good citizenship is well as canine good citizenship, 1 will now recommend Nationwide to everyone I know, with or without a dog. Home — About \that's NAIA Get Join NAIA Links Search }come NAIA New? Library Involved NAIA Store Links Search Nationwide rewards AKC Canine Good Citizens and their owners .4AIA salutes Nationwide Insurance for a ground - breaking initiative that rewards good dog behavior and - esponsible pet ownership with insurance. .4ationwide now offers homeowners insurance to the owners of some previously prohibited breeds and mixed breeds f the dog successfully completes the AKC Canine Good Citizen Test. The CGC is the American Kennel Club's rssessment that recognizes responsible owners of well- behaved dogs. Prior to this initiative, many insurance ,ompanies automatically excluded households with certain breeds from homeowners' insurance no matter how well - nannered the dogs, no matter how responsible the owners. ?or decades the mantra among knowledgeable dog owners has been "punish the deed, not the breed." With this nnovative undertaking, Nationwide Insurance has taken an important step in that direction by recognizing good dog )ehavior as a valuable community asset, no matter what breed or mix the dog may be. 3ere's what the company said in its announcement: 'Nationwide has begun to allow the owners of certain prohibited dog breeds to attain homeowners insurance if they )rovide an original copy of a certificate demonstrating successful completion of the AKC Canine Good Citizen irogram. This provision is currently available in limited areas and provided the applicant meets traditional Inderwriting requirements. The Canine Good Citizen program demonstrates responsible dog ownership and we ;ertainly hope this change will prove successful." 4uthors note: My breed has never been blacklisted, but as a dog lover who appreciates corporate good citizenship is well as canine good citizenship, 1 will now recommend Nationwide to everyone I know, with or without a dog. Home — About NAIA What's New? NAIA Library Get Involved Join NAIA NAIA Store Links Search Website design and all text are copyright 2004 by NAIA unless otherwise noted. Reproduction by any means, electronic or mechanical, is forbidden unless written request is submitted and approved. Contact the National Animal Interest Alliance at naia @naiaonline.org r / /www .naiaonline.org /CGCrewarded.htm 12/20/2004 N Q Q 2 V I I r L Y aN U A C d L Y nN N ` � U Y N G . . 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