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HomeMy WebLinkAbout2015.08.10 Council Workshop PacketPage Workshop Meeting 1. CALL TO ORDER: 2. ROLL CALL: AGENDA PASCO CITY COUNCIL 6:00 p.m. (a) Pledge of Allegiance 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Council Recognition of 9th and 16th District Legislators August 10, 2015 3-10 (b) Waiver of Water Utility Service Requirement (MF# USW 2015-005) 11 - 19 (c) Parking Ordinance Revision - east side of Manzanita Lane 20-22 (d) Professional Services Agreement for 2016 Comprehensive Water System Plan Update 23-31 (e) 2015 Operating & CIP Budgets Supplement 5. MISCELLANEOUS COUNCIL DISCUSSION: 6. EXECUTIVE SESSION: 7. ADJOURNMENT. REMINDERS: 11:45 a.m., Monday, August 10, Pasco Red Lion — Pasco Chamber of Commerce Membership Luncheon. (Franklin PUD Update, Tim Nies, General Manager, Presenter) 7:00 a.m., Thursday, August 13 — BFCG Tri -Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 4:00 p.m., Thursday, August 13, City Hall Conference Room #9 — Lodging Tax Advisory Committee Meeting. (COUNCILMEMBER MIKE GARRISON) 7:00 p.m., Thursday, August 13 - Ben -Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; MIKE GARRISON, Alt.) Page 1 of 31 Workshop Meeting August 10, 2015 This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed at www.pasco-wa.2ov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 2 of 31 AGENDA REPORT FOR: City Council August 3, 2015 TO: Dave Zabell, City Manager Workshop Meeting: 8/10/15 Rick White, Director Community & Economic Development FROM: Shane O'Neill, Planner I Community & Economic Development SUBJECT: Waiver of Water Utility Service Requirement (MF# USW 2015-005) I. REFERENCE(S): Vicinity Map Overview Map Proposed Utility Service Waiver Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The applicant has applied for a utility (water) service waiver to allow the west half of the site to be developed with parking facilities to accommodate overflow parking at the Pasco Flea Market in an effort to relieve traffic queuing on Heritage Boulevard and East Lewis Place. PMC 16.06 requires connection to the utility system when a building permit is issued or when development occurs unless such requirement is waived by action of City Council. Utility waivers are granted/denied by City Council in accordance with the requirements of PMC 16.06.050. This section of the PMC requires that City Council base their decision on the following criteria: Special circumstances applicable to the property in question or the intended use that do not generally apply to either properties or classes of uses in the same Page 3 of 31 vicinity or zoning classification; A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other properties in the same vicinity and same zoning classification, which because of special circumstances is denied to the property in question; The granting of the waiver will not be detrimental to the public welfare or egregious to other property improvements in such vicinity and zoning classification, which the subject property is located; and The granting of a waiver will not conflict with the general intent of this chapter. The above criteria contained in PMC 16.06.050 is established to measure unusual or unique circumstances peculiar to a certain property that would justify waiver of a requirement for utility connections similar to the way a land use variance would be evaluated. V. DISCUSSION: The east half of the parcel currently serves as a parking lot for the Pasco Flea Market. The owner is requesting a development permit and a waiver to water connection requirements imposed on a building permit application to further develop the remainder of the site to provide additional Flea Market parking. Presently a water main is located in East Lewis Place along the entire frontage of the parcel. Due to the size of the parcel, the area/front-footage water connection charges total $48,466. Although grading/graveling the property for parking is considered "development", there will be no structures established on the site or use of potable water. Additionally, the proposed parking improvements are not needed to meet minimum parking space requirement under the zoning code. Staffs review of the request concluded the the following: A special circumstance does exist as the property owner is seeking to construct a parking lot to mitigate conditions in the area from activities on adjacent property and does not propose to connect to city water; The granting of a waiver will not conflict with the intent of Chapter 16.06 of the PMC; and Approval of the requested waiver will not be detrimental to public health or welfare in this vicinity. Staff recommends approval of the waiver conditioned such that at such time as the parking area converts to a building site, the property owner would then be required to pay the applicable water area/front-footage fees. Page 4 of 31 Vicinity Item: Flea Market Water Waiver Map Applicant: Kyle Robinson x File #: USW2015-005 l at Z:.• # 1�.Zw+M \rye, a .all 4 �yvy s i Legend ; �•; t-„ v Sewer Lines Water Lines 0 w y A b u t Iti TR - 81NI�y;b7T7.. VP-r�. OW� FE- t , ♦ ) Ny t J' J J JJ Y. .. •JfJ,, 4 J* 1r, 0. Overview Item: Flea Market Water Waiver Map Applicant: Kyle Robinson N File #.. USW2015-005 ty 'yy iA"Xn�9 IJ1 1 iJ n. PE FIE pG I IG WHEN RECORDED RETURN TO: City of Pasco, Washington Engineering Department 525 North 3rd Avenue Pasco, WA 99301 UTILITY SERVICE WAIVER AGREEMENT (CHAPTER 16.06 PMC) 1) The undersigned is the owner of the real property situated in Franklin County, Washington addressed as 3408 East Lewis Place and described as: Tax Parcel #: 113-730-044 (the west half) Legal: The north 660 feet of the northwest quarter of the southwest quarter, Township 9 North, Range 30 East, Section 27; except the west 440 feet and except that portion to the State, and except roads and except the north 201.58 feet of the east 240 feet of the west 680 feet thereof together with a portion of vacated Lewis Street per Ordinance 4102 2) The undersigned has made application for waiver of the utility service requirements of Chapter 16.06 PMC and the Pasco City Council has by motion approved said waiver based on the following Findings: a) Presently, there is no water service provided at the property. A water main is currently located in East Lewis Place along the entire frontage of the parcel. Due to the size of the parcel, the area/front-footage water connection charges total $48,466. Although grading/graveling the property for parking is considered "development"; there will be no structures established on the site; b) The east half of the parcel currently serves as a parking lot for the Pasco Flea Market. The owner is requesting a waiver to sewer connection requirements imposed on a building permit application to further develop the remainder of the site to provide additional Flea Market parking. A local improvement district to extend sewer to this part of Pasco is not likely in the near future; UTILITY SERVICE WAIVER AGREEMENT (MF# USW2015-005) Page 7 of 31 c) It is not expected that the waiver will be detrimental to public health or welfare in this vicinity; d) The vicinity is partially developed with other heavy commercial and industrial businesses. The subject site is 11.3 acres in area. The east half of the parcel currently serves as a parking lot for the Pasco Flea Market. The owner is requesting a waiver to water connection requirements imposed on a building permit application to further develop the remainder of the site to provide additional Flea Market parking; e) At such time in the future when the parking area converts to a building site, it would be appropriate to require the applicable water area/front-footage fees; f) The granting of a waiver will not conflict with the intent of Chapter 16.06 of the PMC. Because it is not expected that the waiver will be detrimental to public health or welfare in this vicinity, leads staff to recommend that a water connection waiver be granted for the property. In consideration of the mutual covenants contained herein, the sufficiency of which are hereby acknowledged, the parties agree as follows: 3) The City waives connection of the above described property to the City water system prior to granting of a development permit as required by PMC 16.06.010 until such time as the utility services are available as defined in PMC 16.06.010 or the basis for the waiver as provided in PMC 16.06.050 ceases to exist. 4) The waiver is conditioned upon the undersigned making the following agreements and acknowledgments with the City, which the undersigned does hereby freely and voluntarily make: a) The undersigned acknowledges that the granting of a water utility waiver does not exempt him/her from any obligation that results from the formation of a Local Improvement District to provide sanitary sewer and water to the undersigned's property; b) The owners jointly and severally hereby (1) make, constitute and appoint the City as the owners' true and lawful attorney in fact for them in their name, place and stead and as an irrevocable proxy to sign a petition for the formation of a local improvement district or utility local improvement district ("LID") hereafter to be formed by the City or its successors for the improvement that will provide utilities available for the benefit of the real property describe above and (2) waive their right under RCW 35.43.180 to protest formation of such LID for such improvements. The property owners reserve and retain the right to object to the amount of the LID assessment levied against the property and to appeal that assessment to the Franklin County Superior Court; UTILITY SERVICE WAIVER AGREEMENT (MF# USW2015-005) Page 8 of 31 c) This Agreement shall be a conveyance of an irrevocable interest in land and the owners do by these presents convey to the City such limited interest in the property. The above covenants to the City shall run with the land and be binding on the owner, on the undersigned, his/her heirs, devisees, successors and assigns and all owners now or hereafter of the land above described, or of any of said land described above; d) A violation of any of the above covenants may be enjoined and the same enforced at the suit of the City with attorney fees awarded to the substantially prevailing party; e) The owners do hereby warrant that the persons named as "property owner" on the signature lines below are all of the persons or entities having any interest in the property and that they have full power to execute this Agreement. This utility waiver and agreement has been approved by the Pasco City Council on day of , 2015. Signature of Legal Property Owner STATE OF WASHINGTON ) MY.11 County of Franklin ) On this day personally appeared before me , to be known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2015. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: UTILITY SERVICE WAIVER AGREEMENT (MF# USW2015-005) Page 9 of 31 Dave Zabell, City Manager STATE OF WASHINGTON ) M11 County of Franklin On this day personally appeared before me, Dave Zabell, City Manager, to be known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2015. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: UTILITY SERVICE WAIVER AGREEMENT (MF# USW2015-005) Page 10 of 31 AGENDA REPORT FOR: City Council July 28, 2015 TO: Dave Zabell, City Manager Workshop Meeting: 8/10/15 FROM: Ahmad Qayoumi, Director Public Works SUBJECT: Parking Ordinance Revision - east side of Manzanita Lane I. REFERENCE(S): Vicinity Map Traffic Engineer's Memo Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Engineering Division recently received concerns from representives of the Tierra Vida Apartments complex regarding sight distance obstructions along the easterly side of Manzanita Lane, in the vicinity of Tierra Vida Apartments' driveway. Parking restrictions are currently in effect along the easterly side of Manzanita Lane from East A Street to the south side of Tierra Vida Apartments' driveway. V. DISCUSSION: Engineering staff evaluated site conditions, noting that the presence of vehicles parked immediately adjacent to the driveway and within the sight distance triangle to be a common practice, with some appearing to have been parked for extended periods of time. Parking restrictions are currently in effect along the easterly side of Manzanita Lane from East A Street to the south side of Tierra Vida Apartments' driveway, however the Page 11 of 31 restrictions fell short of maintaining an unobstructed sight distance triangle. Staff recommends that parking restrictions be increased to include the section 30 feet north of Tierra Vida Apartments' driveway. This change will remove sight distance obstruction for traffic entering onto Manzanita Lane. The proposed ordinance, if approved, amends Section 10.56.080 (Schedule III, Parking Prohibited at All Times on Certain Streets) of the Pasco Municipal Code to add and/or revise the following streets to the list of prohibited parking streets: Remove: Manzanita Lane - both sides from 'A' Street to 150 feet north Add: Manzanita Lane - west side from'A' Street to 150 feet north Manzanita Lane - east side from 'A' Street to 220 feet north Page 12 of 31 Avery A•v.e - -'J , •_ � so W oft dEl u1�~ r�-St �' �!► Gam' 1 r" I ¢ c _ 3 Ti �� r s €strella D.� 'X-allSpell E sd r�rrd`� ! b�r•.t3a r U F4 4 1 i t. I.. ♦ J/�, r r 1g` :. Jas Mann- �'1Ln 4-7 _ I W i„F Memo Engineering TO: Ahmad Qayoumi, Public Works Director FROM: Joe Seet, PE., Traffic Engineer DATE: June 4, 20154 RE: Parking Restriction Eastside of Manzanita Lane — 30' North of Tierra Vida Apartments' Driveway The City received a request to review and evaluate sight distance obstructions along the easterly side of Manzanita Lane, vicinity of Tierra Vida Apartments' driveway. A field review and observation of traffic operations, vicinity of Manzanita Lane at Tierra Vida Apartment's driveway, noted vehicles parked immediately adjacent to the driveway, including vehicles that appeared most likely that have been parked for extended periods, within the sight distance's area of influence of the triangle. Parking restrictions are currently in effect along the easterly side of Manzanita Lane from East A Street to the south side of Tierra Vida Apartments' exiting driveway. Parking restriction is recommended to be increased to include the 30' northerly of Tierra Vida Apartments' Driveway. This change will remove sight distance obstruction for traffic entering onto Manzanita Lane. Install Proposed SOUTH OF SIGN R7-2 mod • Page 1 Page 14 of 31 ORDINANCE NO. AN ORDINANCE Parking Prohibited at All Times on Certain Streets, amending Section 10.56.080 of the Pasco Municipal Code. WHEREAS, the Public Works Director has determined that it is necessary for public safety to prohibit parking on certain streets; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 10.56.080 of the Pasco Municipal Code is amended to add and/or revise the following: 10.56.080 SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS. In accordance with Section 10.56.030, and when signs are erected giving notice thereof, no person shall at any time park a vehicle upon any of the following described streets or parts of streets: "A" Street - both sides of street from Elm Avenue to SR -12; "A" Street - both sides of street from Ninth Avenue to Eleventh Avenue; "A" Street - from Main Avenue to Beech Avenue; "A" Street - 300 feet west of 4th Avenue to three hundred feet east of 4th Avenue; "A" Street - both sides from 20th Avenue to a point two hundred fifty feet west of 20th Avenue; "A" Street — both sides, corner of "A" Street and 28th Avenue; Agate Street - between Fourth and Fifth Avenues; Ainsworth Avenue - north side from Railroad Avenue to Oregon Avenue; Ainsworth Avenue - south side from 10th Avenue to Fourth Avenue; Argent Road — 20th Avenue to Road 44; Argent Road — Road 84 to Road 76; Autoplex Way — from Court Street south to 160 feet north of Marie Street; Bonneville Street - the south side of Bonneville Street from a point 150 feet east of the east curb line of 10th Avenue to the east curb line of 10th Avenue; Billings Street - from Lewis Street to "A" Street Broadmoor Boulevard — FCID canal to Nottingham Drive; Brown Street - north side from Road 28 to Road 26; Brown Street - south side from Road 28 to a point 130 feet to the east; Burden Boulevard — Road 76 to Road 36; Chapel Hill Boulevard — Road 68 to Saratoga Lane; Chapel Hill Boulevard — Broadmoor Boulevard to Road 84; Chapel Hill Boulevard - from Crescent Road to Broadmoor Boulevard; Clark Street - both sides of street from Ninth Avenue to Eleventh Avenue; Clemente Lane — Burden Boulevard to Wrigley Drive; Commercial Avenue — both sides from Hillsboro Avenue south 1 mile; Court Street - from Fourth Avenue west to SR -395; Court Street — east of Fourth Avenue; Court Street - from Road 68 to Road 84; Court Street — Rd. 100 to I-182 Hwy overpass; Page 15 of 31 Court Street — 1,000 feet south of Harris Road; E. Broadway Street — (north side) Wehe Street to Franklin Street; First Avenue — Court Street to Sylvester Street; Fourteenth Avenue — both sides from Clark Street north 100 feet; Fourteenth Avenue — both sides from Clark Street south to the alley; Fourth Avenue — (east side) 50 feet north of Columbia Street; Fourth Avenue — 100 feet south of Columbia Street; Fourth Avenue — east side from Shoshone Street to Court Street; and on the west side from Shoshone Street to 125 feet north of vacated Park Street and from 115 feet north of Octave Street to Court Street; Fourth Avenue - east side from Sylvester Street north 140 feet; and on the west side from Sylvester Street north 200 feet; Fifth Avenue (west side) Park to Octave; Fifth Avenue — (east side) north of Court Street; Fifth Avenue - (east side) Nixon Street to Park Street; North Fourth Avenue - between Court and Ruby Streets; Heritage Boulevard - both sides from US -12 to "A" Street; Hillsboro Street and Commercial Avenue - both sides of Hillsboro Street from a point 100 feet east of the center line of Commercial Avenue to SR 395, and on both sides of Commercial Avenue from a point 100 feet south of the center line of Hillsboro to Hillsboro; Homerun Road — both sides, from Convention Boulevard to end; James Street — south side from the far east end of James Street to 400 feet west; James Street — north side from the far east end of James Street to 340 feet west; Jay Street - north side from the east curb line of Road 22 to a point 50 feet west of the east curb line of Road 22; Lewis Street - from First Avenue to 70 feet east; Lewis Street - north side from Fourteenth Avenue to 130 feet west; and north side from Fourteenth Avenue to 80 feet east; Lewis Street — south side from Fourteenth Avenue to 100 west; and south side from Fourteenth Avenue to 100 feet east; Lewis Street - Ninth Avenue to Eleventh Avenue; Lewis Street - north side of Lewis Street from the east curb line of Seventh Avenue to a point 135 feet east; Lewis Street - South side of Lewis Street, from 150 feet east of the center line of First Street running easterly a distance of 165 feet; Lewis Street (east) - both sides from Wehe Avenue east to Cedar Avenue; Lewis Street (east) - both sides from Oregon Avenue east to Wehe Avenue; Lewis Street — from Cedar Ave. to Billings Street; Madison Avenue - both sides from Burden Boulevard to Road 44; Manzanita Lane both sides &vm�"A" ctf@Pt6Ti 50 rcctiv�tl3; Manzanita Lane - west side from "A" Street to 150 feet north Manzanita Lane - east side from "A" Street to 220 feet north; Ninth Avenue — Washington Street to Ainsworth Street; Octave Street - the south side of Octave Street from 1 point 280 feet east of the east curb line of Road 34 to a point 420 feet east of the east curb line of Road 34; Oregon Avenue between "A" Street and Ainsworth Avenue; Oregon Avenue — (west side) 350 feet north of Bonneville Street; Oregon Avenue — Hagerman Street to James Street; Road 22 - east side from the north curb line of Jay Street to a point 50 feet south of the north curb line of Jay Street; Road 26 — from Court Street to Brown Street Road 28 — west side from Sylvester Street to Brown Street; Road 28 — east side from Sylvester Street to Brown Street except for 315 feet starting from a point 360 feet north of the intersection of Sylvester Street and Road 28; Page 16 of 31 Road 34 - both sides of the street from Henry Street to Court Street; Road 36 - both sides of the street from its intersection with Argent Place to a point 1,200 feet north of Argent Place; Road 36 — Burden Boulevard. to 200 feet south of Meadow Beauty Drive; Road 44 - east side from Meadow View Street to Argent Place; Road 44 - west side from Desert Street to Argent Place; Road 44 — west side from Desert Street to Burden Boulevard; Road 44 — Burden Boulevard to Sandifur Boulevard; Road 52 — Burden Boulevard to Sandifur Boulevard; Road 60 — Burden Boulevard to Sandifur Boulevard; Road 68 Place — Burden Boulevard to Sandifur Boulevard; Road 68 — FCID canal north to City Limits; Road 68 — I-182 to Sandifur Boulevard; Road 76- east side from Sandifur Parkway to a point 620 feet south of Wrigley Drive; Road 76 - (west side) Wrigley Drive to Burden Boulevard; Road 76 - west side from Sandifur Parkway to Wrigley Drive; Road 80 - from Court Street south; Road 84 - from Sunset Lane south; Road 84 — Argent Road to Chapel Hill Boulevard; Road 100 — Court Street to FCID canal; Rodeo Drive — Road 68 to Convention Place; Ruby Street - between Fourth and Fifth Avenues; Sandifur Boulevard — Broadmoor Boulevard to Robert Wayne Drive; Sandifur Boulevard — (north side) Robert Wayne Drive to Road 60; Sandifur Boulevard — from Road 60 to Road 62; Sandifur Parkway - from Road 60 to Road 44; Seventeenth Avenue - (west side) "A" Street to Washington Street; Shoshone Street - 22nd Avenue to 23rd Avenue; Sun Willows Boulevard - both sides of street from its intersection with 20th Avenue to its eastern terminus; Sylvester Street — (south side) 20th Avenue to 28th Avenue; Sylvester Street — (north side) one hundred feet east of 26th Avenue to 28th Avenue; Sylvester Street - From the east line of 20th Avenue to a point 290 feet east thereof; Tenth Avenue - both sides of street from "A" Street to `B" Street; Tenth Avenue - from `B" Street to and including the Inter -City Bridge; Tenth Avenue - both sides of street from Lewis Street to Clark Street; Third Avenue — (east side) fifty feet south of Columbia Street; Third Avenue - (east side) fifty feet north of Columbia Street; Third Avenue — both sides of street 100 feet north of Sylvester Street; Third Avenue — both sides of street 100 feet south of Sylvester Street; Third Avenue - On the west side from a point five hundred seventy-five feet north of Margaret Street to a point six hundred fifty feet north of Margaret Street; Twentieth Avenue — From Lewis Street to Argent Road except on the east side of 20th Avenue only from a point one hundred seventy feet south of Hopkins Street to Lewis Street; Twenty Second Avenue — (west side) to 550 feet south of West Henry Place; Twenty Eighth Avenue — (west side) Lewis Street to Sylvester Street; Washington Street — (south side) 9th Avenue to 10th Avenue; Wrigley Drive — Road 76 to Clemente Lane; Road 26 - Both sides of Road 26, from a point 120 feet south of the south curb line of Court Street on the east side and 245 feet south of Court Street on the west side, to 250 feet north of the north curbline of Court Street. Page 17 of 31 Section 2. This Ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 10th day of August, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 18 of 31 CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. is an ordinance amending Section 10.56.080 to adding parking restrictions on the easterly side of Manzanita Lane, approximately 30' northerly of Tierra Vida Apartments' Driveway on Manzanita Lane, and further, authorize publication by summary only. The full text of Ordinance No. , is available free of charge and will be mailed (electronically or via postal service) to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, PO Box 293, Pasco, WA 99301. Debra L. Clark, City Clerk Page 19 of 31 AGENDA REPORT FOR: City Council August 5, 2015 TO: Dave Zabell, City Manager Workshop Meeting: 8/10/15 FROM: Ahmad Qayoumi, Public Works Director Public Works SUBJECT: Professional Services Agreement for 2016 Comprehensive Water System Plan Update I. REFERENCE(S): Professional Services Agreement Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: $180,000 Water Fund IV. HISTORY AND FACTS BRIEF: The City owns and operates a municipal water system for domestic use. The raw water supply for this system is supplied by two surface water intakes in the Columbia River. Two water treatment plants, associated pumping stations, reservoirs, and pipelines form the remainder of the City's municipal system. The current WSP was approved by the Department of Health on February 16, 2011. The City is periodically required by WAC 246-290-100 to submit an updated Water System Plan (WSP) to the Department of Health (DOH) to maintain the right to operate the municipal water system. The approved update of the current WSP is required by DOH on or before February 15, 2017. To meet the 2017 due date, the update effort was originally planned for 2016. On June 10, 2015, DOH personnel conducted a Pre -Plan Meeting to negotiate the Pre -Plan Agreement with City staff. At this meeting, DOH informed the City that due to their nine month interdepartmental review time, the City's update would need to be submitted to their office by May 16, 2016, in order to meet the February 15, 2017, deadline. Page 20 of 31 During July staff advertised for Statements of Qualifications (SOQs) from qualified consultants to perform a study and update to the City's 2010 Comprehensive Water System Plan. The updated comprehensive plan shall include near and long term planning for capital improvements and infrastructure needs based upon population and land use regulations and shall utilize computer generated water system modeling to establish the basis for the capital improvement plan. V. DISCUSSION: Three SOQs were submitted to the City for consideration on July 14, 2015. Staff from Engineering, Water Plant, and Operations reviewed and scored the SOQs. The successful development of the updated Water System Plan will include, but is not limited to, the following elements: Data Collection; Population and Demand Projection; System Analysis; Water Use Efficiency; Operations and Maintenance; Capital Improvements Plan; and Financial Analysis. The selection panel determined Murray Smith and Associates, Inc., to be the most qualified consultant to perform the required elements for integration into the WSP. Staff recommends approval of the professional services agreement with Murray Smith and Associates in the amount of $180,000. The updated WSP will be completed and submitted to DOH by the May 16, 2016, deadline. Page 21 of 31 Professional Services Agreement (Summary Sheet) Project: Professional Services Agreement for 2016 Comprehensive Water System Plan Update Consultant: Murray Smith and Associates, Inc. Address: 421 W. Riverside Avenue, Suite 762, Spokane, WA 99201 Scope of Services: Update the City's Comprehensive Water System Plan Term: Payments to Consultant: ❑ Hourly Rate: $_ ❑ Fixed Sum of $ Completion Date: January 31, 2017 ❑X Other: Time & Expenses Not -To -Exceed $180,000 Insurance to be Provided: 1. Commercial General Liability: ❑ $1,000,000 each occurrence; ® $2,000,000 general aggregate; or ❑ $ each occurrence; and $ general aggregate 2. Professional Liability: ❑ $1,000,000 per claim; ® $1,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit Other Information: Signature by: ❑ Mayor ❑X City Manager Page 22 of 31 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager Rick Terway, Director Administrative & Community Services FROM: Eva Lindgren, Deputy Director Administrative & Community Services SUBJECT: 2015 Operating & CIP Budgets Supplement I. REFERENCE(S): August 6, 2015 Workshop Meeting: 8/10/15 Proposed 2015 Operating Budget Supplement Ordinance Proposed 2015 Capital Improvements Supplement Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Refer to Ordinances IV. HISTORY AND FACTS BRIEF: The items recommended to be included in the Supplemental Budget are for expenditures that were unanticipated or indeterminable at the time of the 2015 Budget preparation. Resources for the expenditures are: 1. Unanticipated revenues 2. Contributions from other funds 3. Fund balances V. DISCUSSION: Page 23 of 31 ORDINANCE NO. AN ORDINANCE AMENDING THE 2015 ANNUAL OPERATING BUDGET OF THE CITY OF PASCO BY PROVIDING SUPPLEMENT THERETO; BY APPROPRIATING REVENUE RECEIVED IN EXCESS OF ESTIMATED REVENUES FOR THE CURRENT YEAR ANND BY PROVIDING TRANSFERS AND ADJUSTMENT AUTHORITY WHEREAS, staff has identified the need to make certain revisions to the 2015 Annual Operating budget originally adopted through Ordinance No. 4187 on December 15, 2014 and WHEREAS, a Public Hearing has been held subsequent to due notice, and the City Council has after consideration, deemed the proposed Supplement to the Annual Operating Budget necessary and appropriate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. Pursuant to RCW 35A.33.120, the 2015 Operating Budget be and the same is hereby amended to provide for the following adjustments to beginning fund balances, revenues, transfers in, expenditures, transfers out and ending fund balances by providing authority for any necessary transfer of money within or between funds indicated. Fund No. Fund Type/Name Est. Beg. FB Revenues Transfers In Exps. Transfers Out Est. End. FB Page 24 of 31 GENERALFUND 10 GENERAL 2,881,396 2,801,279 2,357,035 1,065,481 2,260,159 SPECIAL REVENUE FUNDS - - - 110 CITY STREET - 644,000 100,000 632,677 111,323 120 ARTERIAL STREET 779,155 67,000 - - (246,868) 1,093,023 125 1-182 CORRIDORTRAFFIC IMPACT 54,000 - (214,125) 268,125 130 STREET OVERLAY 389,091 43,000 (104,000) - 536,091 14x COMMUN. DEVELOPMENT GRANTS - 448,499 - 448,499 - 150 AMBULANCE SERVICES 216,823 184,172 165,024 264,000 (28,029) 160 CITY VIEW CEMETERY - (45,000) - - (45,000) 161 BOULEVARD PERPETUAL MAINTENANCE 18,500 18,500 165 ATHLETIC PROGRAMS 16,000 16,000 166 GOLFCOURSE 108,205 108,205 188 SPECIAL LODGING ASSESSMENT 50,000 50,000 190 REVOLVING ABATEMENT 61,500 61,500 191 TRAC DEVELOPMENT & OPERERATION 27,000 27,000 192 PARK DEVELOPMENT - 43,000 - 43,000 193 CAPITAL IMPROVEMENTS 175,002 196,000 - 232,739 138,263 194 INDUSTRIAL DEVEL & INFRASTRUCTURE (983,612) 755,000 195,000 - (423,612) 195 STADIUM/ CONVENTION CENTER (72,663) 29,000 - (43,663) DEBT SERVICE FUNDS 24X LID DEBT SERVICE FUND (20,500) (20,500) 27X G.O. BOND DEBT SERVICE FUND 5,000 5,000 Page 24 of 31 367 Ful - GENERAL CAPITAL PROJECTS (471,805) (2,225,527) 1,409,421 (1,384,664) 96,753 ENTERPRISE FUND - - - 410 WATER/ SEWER UTILITY 3,502,089 (236,068) (6,148,665) 14,495 9,400,191 INTERNAL SERVICE FUNDS 510 EQUIPMENT RENTAL OPER. - GOV 511 EQUIPMENT RENTAL OPER. - PROP - 515 EQUIP RENTAL REPLACEMENT - GOV - 54,800 493,537 (438,737) 516 EQUIP RENTAL REPLACEMENT - PROP 35,565 - 35,565 - 52X MEDICAL / DENTAL INSURANCE 8,514 - 8,514 530 CENTRAL STORES - - PERMANENTFUND 605 CITY VIEW CEMETERY ENDOWMENT TRUST FUND 610 OLD FIREMEN'S PENSION 619 OLD FIRE MEDICAL (OPEB) TOTALS 864,434 100,000 41,000 923,434 1,598,920 20,000 - 33,514 - 1,585,406 $ 8,932,830 $ 3,134,139 $ 1,564,221 $ (3,683,977) $ 1,564,221 $ 15,750,946 The above items are reflected in the attachment "Exhibit 1." §2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above and in the Exhibit and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance §3. This Ordinance shall take effect five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, on this 17th day of August, 2015. Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Page 25 of 31 CITY OF PASCO 2015 BUDGET, AS AMENDED BY SUPPLEMENTAL BUDGET No. 1 Fund No. Fund Type/Name GENERALFUND 10 GENERAL SPECIAL REVENUE FUNDS 110 CITY STREET 120 ARTERIAL STREET 125 1-182 CORRIDOR TRAFFIC IMPACT 130 STREET OVERLAY 14x COMMUN. DEVELOPMENT GRANTS 150 AMBULANCE SERVICES 160 CITY VIEW CEMETERY 161 BOULEVARD PERPETUAL MAINTENANCE 165 ATHLETIC PROGRAMS 166 GOLF COURSE 188 SPECIAL LODGING ASSESSMENT 190 REVOLVING ABATEMENT 191 TRAC DEVELOPMENT & OPERERATION 192 PARK DEVELOPMENT 193 CAPITAL IMPROVEMENTS 194 INDUSTRIAL DEVEL & INFRASTRUCTURE 195 STADIUM / CONVENTION CENTER DEBT SERVICE FUNDS 24X LID DEBT SERVICE FUND 27X G.O. BOND DEBT SERVICE FUND CONSTRUCTION FUNDS 367 GENERAL CAPITAL PROJECTS ENTERPRISE FUND 410 WATER/ SEWER UTILITY INTERNAL SERVICE FUNDS 510 EQUIPMENT RENTAL OPER. - GOV 511 EQUIPMENT RENTAL OPER. - PROP 515 EQUIP RENTAL REPLACEMENT - GOV 516 EQUIP RENTAL REPLACEMENT - PROP 52X MEDICAL / DENTAL INSURANCE 530 CENTRAL STORES PERMANENTFUND 605 CITY VIEW CEMETERY ENDOWMENT TRUSTFUND 610 OLD FIREMEN'S PENSION 619 OLD FIRE MEDICAL (OPEB) TOTALS EXHIBIT 1 CHANGES TO ORIGINAL BUDGET Est. Beg. FB Revenues Transfers In Exps. Transfers Out Est. End. FB 2,881,396 2,801,279 - 2,357,035 1,065,481 2,260,159 - 644,000 100,000 632,677 111,323 779,155 67,000 - - (246,868) 1,093,023 54,000 - (214,125) 268,125 389,091 43,000 (104,000) - 536,091 - 448,499 - 448,499 - 216,823 184,172 165,024 264,000 (28,029) - (45,000) - - (45,000) 18,500 18,500 16,000 16,000 108,205 108,205 50,000 50,000 61,500 61,500 27,000 27,000 - 43,000 - 43,000 175,002 196,000 - 232,739 138,263 (983,612) 755,000 195,000 - (423,612) (72,663) 29,000 - (43,663) (20,500) (20,500) 5,000 5,000 (471,805) (2,225,527) 1,409,421 (1,384,664) 96,753 3,502,089 (236,068) (6,148,665) 14,495 9,400,191 - 54,800 493,537 (438,737) 35,565 - 35,565 - 8,514 - 8,514 864,434 100,000 41,000 923,434 1,598,920 20,000 - 33,514 - 1,585,406 $ 8,932,830 $ 3,134,139 $ 1,564,221 $(3,683,977) $ 1,564,221 $ 15,750,946 Page 26 of 31 CITY OF PASCO ORIGINAL 2015 BUDGET INTERNAL SERVICE FUNDS Estimated 510 EQUIPMENT RENTAL OPER. - GOV 35,225 1,168,336 Estimated 110,069 Beginning 515 EQUIP RENTAL REPLACEMENT - GOV 4,595,482 Expenditures/ 516 EQUIP RENTAL REPLACEMENT - PROP Ending Fund No. Fund Type/Name Fund Balances Revenues Transfers In Expenses Transfers Out Fund Balances GENERALFUND 605 CITY VIEW CEMETERY ENDOWMENT 452,239 16,985 TRUSTFUND 010 GENERAL $ 6,501,765 45,068,001 138,000 37,222,298 8,790,266 5,695,202 SPECIAL REVENUE FUNDS 110 CITY STREET 488,742 1,440,540 392,072 2,253,596 67,758 120 ARTERIAL STREET 721,873 435,850 13,260 578,605 565,858 125 1-182 CORRIDOR TRAFFIC IMPACT 1,130,829 181,000 - 250,000 1,061,829 130 STREET OVERLAY 2,260,355 834,000 534,000 1,586,000 424,000 1,618,355 14x COMMON. DEVELOPMENT GRANTS 69,547 1,208,072 506,952 460,172 310,495 145 M.L. KING JR. COMMUNITY CENTER 51,615 33,920 120,000 164,490 41,045 150 AMBULANCE SERVICES 425,700 3,244,550 420,000 3,815,313 274,937 160 CITY VIEW CEMETERY 77,304 234,300 30,000 295,433 46,171 161 BOULEVARD PERPETUAL MAINTENANCE 1,944,824 246,204 - 70,000 2,121,028 165 ATHLETIC PROGRAMS 121,848 114,550 136,434 99,964 166 GOLF COURSE 59,501 1,543,059 1,525,660 76,900 170 SENIOR CENTER OPERATING 9,038 76,050 250,000 329,139 5,949 180 MULTI -MODAL FACILITY 120,150 68,850 46,842 142,158 182 SCHOOL IMPACT FEES 1,800 1,500,100 1,500,000 1,900 185 RIVERSHORE TRAIL & MARINA MAINT. 26,518 14,450 6,137 34,831 188 SPECIAL LODGING ASSESSMENT 23,906 220,000 200,310 43,596 189 LITTER ABATEMENT 1,326 12,500 5,000 15,825 3,001 190 REVOLVING ABATEMENT 357,004 37,800 39,234 355,570 191 TRAC DEVELOPMENT & OPERERATION 196,949 230,200 250,000 177,149 192 PARK DEVELOPMENT 1,985,525 171,800 - 490,000 1,667,325 193 CAPITAL IMPROVEMENTS 3,557,515 926,000 - 1,643,000 2,840,515 194 INDUSTRIAL DEVEL & INFRASTRUCTURE 1,136,302 1,348,600 1,374,810 125,000 985,092 195 STADIUM / CONVENTION CENTER 114,532 260,870 266,223 109,179 DEBT SERVICE FUNDS 24X LID DEBT SERVICE FUND 1,032,081 192,270 184,524 100,000 939,827 27X G.O. BOND DEBT SERVICE FUND 356,194 138,100 128,100 366,194 CONSTRUCTION FUNDS 367 GENERAL CAPITAL PROJECTS 505,166 5,020,251 10,926,491 13,675,091 2,776,817 ENTERPRISE FUND 410 WATER/ SEWER UTILITY 6,444,905 32,586,123 36,170,999 2,860,029 INTERNAL SERVICE FUNDS 510 EQUIPMENT RENTAL OPER. - GOV 35,225 1,168,336 511 EQUIPMENT RENTAL OPER. - PROP 110,069 360,379 515 EQUIP RENTAL REPLACEMENT - GOV 4,595,482 1,592,908 516 EQUIP RENTAL REPLACEMENT - PROP 2,057,657 756,315 520 MEDICAL / DENTAL INSURANCE 689,156 5,758,245 530 CENTRAL STORES 12,329 - PERMANENTFUND 605 CITY VIEW CEMETERY ENDOWMENT 452,239 16,985 TRUSTFUND 610 OLD FIREMEN'S PENSION 1,461,887 99,037 619 OLD FIRE MEDICAL (OPEB) 1,051,449 40,150 115,480 1,167,153 369,698 834,376 312,617 5,430,129 500 104,378 99,508 36,408 100,750 5,469,494 2,501,355 1,017,272 11,829 469,224 1,456,546 992,091 TOTAL ESTIMATED REVENUES $ 40,188,307 $ 107,180,365 $ 12,931,043 $ 110,025,029 $ 12,931,043 $ 37,343,643 Page 27 of 31 ORDINANCE NO. AN ORDINANCE RELATING TO SUPPLEMENTAL CAPITAL IMPROVEMENT PROJECTS BUDGET FOR THE YEAR 2015. WHEREAS, staff has identified the need to make certain revisions to the 2015 Capital Improvement budget originally adopted through Ordinance No. 4188 on December 15, 2014, and WHEREAS, during the year, staff has determined that certain capital improvement expenditures have become necessary and that others are to be deferred, a need exists requiring a supplement to provide for such changes in expenditure authority, and WHEREAS, a public hearing has been held subsequent to due notice, and the City Council has after consideration, deemed the proposed Supplement to the Capital Improvements Projects Budget necessary and appropriate, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1: The following capital improvement projects are hereby authorized and budgets amended as detailed below: Project Title General Protects (2014 Continued) Police Training Building Fire Station 81 Mobile Home Fire station Alerting Devices Fire Alerting Systems Muni Courthouse Police Station Financial System - HR & Payroll Financial System - Financials Financial System -Utility & Proj Acctg Total General Projects (2014) Park & Facilities (2014 Continued) Animal Shelter Facility 30 Acre Park NW Quad Three Rivers Park Memorial Shelter & ADA Path Richardson Pool Demolition Total Park & Facilities (2014) CIP Budget Increase New CIP Budget 2015 (Decrease) Project 2015 165,000 (3,062) - 161,938 70,000 70,000 50,000 50,000 45,000 45,000 260,816 24,184 - 285,000 3,874,566 - 3,874,566 5,739,000 1,008,429 - 6,747,429 196,548 - 196,548 235,999 - 235,999 292,687 - 292,687 10, 599, 616 1,032,613 165,000 11, 797, 229 203,000 - - 203,000 950,000 - 950,000 455,000 - 455,000 100,000 - 100,000 165,000 (3,062) - 161,938 1,873,000 (3,062) PF - 1,869,938 Page 28 of 31 Park & Facilities (New 2015 Railroad Underpass Trail 40,000 (5,000) - 35,000 Total Park & Facilities (2015) 40,000 (5,000) - 35,000 635,838 195,374 E & I Develop (2014 Continued) 2,582,400 - Farm Share - Valve/Meter/SCADA 2014 Replac 107,760 - - 107,760 Total E & I Projects (2014) 107,760 - - 107,760 - 192,617 597,333 E & I Develop (2015 New) - 771,333 - Broadmoor Master Planning - 663,275 - 165,000 165,000 Farm Circle 7 - Swing Arm 125,000 - 125,000 Total E & I Development Construction (201; 125,000 - T6'5,000290,000 Street Construction (2014 Continued) Roads Road 68 Improvements (Phase ll) Powerline Road Argent Road (Road 44 to 20th Ave) Oregon Ave (SR397) - Phase 1 Oregon Ave (SR397) - Phase 2 Oregon Ave (SR397) - Entrance (Ph 2 Intersecti Lewis Street Demolish - Phase 1 Dual RT SB Road 68 Road 68 - Triple Right 20th Ave Access Management 2014 Alley Hard Surfacing (Chip Sealing) Sylvester Neighborhood - ParkSt (5th) Signals Interconnect Road 68 Signals Traffic Signal Controller Upgrade Bus Pre -Exemption @ CBC/Argent Ramps & Under/Over Passes Downtown Circulation (Lewis St One Way Coup Lewis St Overpass Total Street Construction (2014) Street Construction (New 2015) Roads Wrigley Drive Extension Chapel Hill Extension - Street 2015 Alley Hard Surfacing (Chip Sealing) Signals Road 68 & Court St Signal Total StreetConstruction (2015) 1,700,000 260,008 - 1,960,008 1,190, 907 - 1,190, 907 635,838 195,374 - 831,212 2,582,400 (1,754,000) - 828,400 192,560 118,000 - 310,560 106,617 86,000 - 192,617 597,333 174,000 - 771,333 858,275 (195, 000) - 663,275 400,000 (295,000) - 105,000 600,000 215,000 - 815,000 110,000 105,600 - 215,600 100,000 - 100,000 242,794 133,524 - 376,318 2,456,711 (1,915,000) - 541,711 45,563 (45,563) - - I 215,600 213,000 - 428,600 6,017,726 - 6,017,726 18,052,324 (2,704,057) - 15,348,267 10,000 10,000 60,000 60,000 135,600 135,600 250,000 (250,000) - 445,600 (250,000) PF - 195,600 Page 29 of 31 Water Construction (2014 Continued) Columbia Water Supply Project East Side Booster Station Upgrade (BS 2.1) Butterfield WTP 24 In. Valve Replace Butterfield WTP - South Basin Drain By -Pass Butterfield WTP -Intake Screens Distribution - Extensions Wernett Pipeline WTR Line Ext - County Rd 100/Dent Rd 2014 Annual Water Line Ext Water Line Extension - PWRF Total Water Construction (2014) Water Construction (New 2015) Plants, Meters, & Pump Stations Water Master Plan Butterfield WTP Sludge drying bed Oregon Avenue Water line 3" Poly Water Main Loop Comprehensive Water System Plan West Side Water Treatment Plant Filters Distribution - Extensions 2015 Annual Water Line Upsize Match Water Line Ext - Chapel Hill Blvd. Distribution - Replacement 2015 Water Line Replacement Total Water Construction (2015) 6,509,550 (1,690,000) - 4,819,550 862,600 (352,600) - 510,000 260,000 (245,716) 14,284 70,000 70,000 1,013,150 465,927 1,479,077 600,000 (575,000) 25,000 372,500 372,500 210,467 - 210,467 60,000 - 60,000 9,958,267 (2,397,389) IF - 7,560,878 100,000 100,000 100,000 100,000 100,000 100,000 200,000 200,000 80,000 80,000 1,350,000 (1,350,000) - 100,000 100,000 18,000 (18, 000) - 19,000 19,000 1,487,000 (1,368,000) 580,000 699,000 Irrigation Construction (2014 Continued) - Well House - Linda Loviisa 59,900 - 59,900 2013 Well House - First Place 144 - 144 Total Irrigation Construction (2014) 60,044 - - 60,044 Irriaation Construction (New 20151 Well House Additions Road 52 Freshwater Mussels Study Irrigation Line Ext - Chapel Hill Total Irrig Construction (2015) Sewer Construction (2014 Continued) Plant and Lift Stations 2013 WWTP Imp - Screw Press WWTP - Primary Clarifier No. 3 Collections - Extensions 30" Main (NW Area) Collections - Replacements 2014 Annual Sewer Line Re -lining Program West Pasco Trunk Sewer Repair Total Sewer Construction (2014) 65,000 (55,000) 10,000 25,000 25,000 10,000 10,000 75,000 (55, 000) 25,000 45,000 500,000 - 500,000 2,541,508 80,255 - 2,621,763 5,135,000 (4,813,000) 322,000 389,929 (206,937) 182,992 1,315,000 (443) 1,314,557 9,881,437 (4,940,125) - 4,941,312 Page 30 of 31 Sewer Construction (New 2015) Plant and Lift Stations Plant Roof Railing Caustic Soda Improvements Maitland Lift Station - Purchase/Install 4th Pump Turbo Compressor inlet suction retrofit Dystol Panel Lift Station - Pearl Street Collections - Extensions 2015 Annual Sewer Line Extension Chapel Hill Blvd. Extension - Sewer Collections - Replacements 2015 Annual Sewer Line Re -lining Program Total Sewer Construction (2015) PWRF Construction (2014 Continued) Phase 3 - BOD Anaerobic Pond (8 MG) Phase 5 EQ Basin Rebuild Phase EQ Plant Expansion PW RF Master Plan Phase 3 - BOD- Screw Press Phase 6 - Valve/Meter/SCADA 2014 Replace Total PW RF Construction (2014) Stormwater Construction (2014 Continued) Storm RetroFit ($100K of $170K) Total Stormwater Construction (2014) Stormwater Construction (New 2015) Chapel Hill Blvd Extend - Stormwater Total Stormwater Construction (2015) TOTAL CIP BUDGET 125,000 - 1,647,950 125,000 4,000 4,000 270,000 270,000 4,000 - 75,000 75,000 255,000 - 25,000 25,000 - 100,817 70,000 70,000 23,000 (23,000) - 100,000 200,000 300,000 350,000 (350,000) - 110,000 110,000 708,000 (173, 000) 440,000 975,000 1,647,950 - 1,647,950 - 4,000 4,000 - 4,000 4,000 - 40,000 40,000 255,000 - 255,000 100,817 - 100,817 2,003,767 - 48,000 2,051,767 100,000 50,000 - 150,000 100,000 50,000 - 150,000 10,000 10,000 PF 10,000 - - 10,000 55,526,815 (10,813,020) 1,423,000 46,136,795 Section 2: This Ordinance shall take effect five (5) days after passage and publication by law. Adopted by the City Council of the City of Pasco, on this 17th day of August, 2015. Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Page 31 of 31