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. Garrison
Mayor
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FOR: City Council
TO: Gary Crutcl
Richard J.
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
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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)
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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
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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.
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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.
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—
About
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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
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