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HomeMy WebLinkAbout2007.08.20 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. August 20,2007 l. CALL. TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. if further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated August 6,2007. (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$1,259,287.15 ($42,129.43 in the form of Wire Transfer Nos. 4781 and 4787 and $1,217,1 57.72 consisting of Claim Warrants numbered 1.61701 through 161898). 2. To approve bad debt write-offs for utility billing, ambulance, cemetery and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$189,296.98 and, of that amount, authorize $128,468.34 be turned over for collection. (c) Amendment No.3,Engineering Services Agreement with CH2MHil1: 1. Agenda Report from Robert J. Alberts, Public Works Director dated August 8, 2007. 2. Vicinity Map. 3. Amendment No. 3 to Professional Services Agreement. To approve Amendment No. 3 to the February 22, 2005 Professional Services Agreement with CH2MHil1 authorizing additional engineering services not to exceed $35,600 for the water and sewer utilities in Argent Road and Road 84 and, further, authorize the Mayor to sign the agreement. (d) Memo of Understanding for Water Conservation Education: 1. Agenda Report from Robert J. Alberts, Public Works Director dated August 8, 2007. 2. Memo of Understanding. To approve the Memo of Understanding with Benton-Franklin Health District for Water Conservation Education and, further, authorize the Mayor to sign the agreement. (e) Resolution No. 3038, a Resolution of the Pasco City Council forming an ad-hoc Advisory Committee to recommend a Capital Project Plan for Aquatic Facilities to serve the Pasco community. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated August 17, 2007. 2. Letter from Advisory Board Chairman dated 8/6/07. 3. 'Pool Options. 4. Proposed Resolution. To approve Resolution No. 3038, forming an ad-hoc Advisory Committee for Aquatic Facilities. (RC) 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) Regular Meeting 2 August 20, 2007 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through July 31, 2007. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: d*(a) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending the zoning classification of certain real property located at the corner of 28`x' and Sylvester Avenue, from C- 1 (Retail Business)to C-3 (General Business)with a Concomitant Agreement. 1. Agenda Report from David 1. McDonald,City Planner dated August 1, 2007. 2. Proposed Rezone Ordinance with Concomitant Agreement. 3. Planning Commission Report. 4. Planning Commission Minutes dated 6/21/07 and 7/19/07. MOTION: I move to adopt Ordinance No. , granting a rezone for the Frank Lindstrom property from C-1 to C-3 with a concomitant agreement as recommended by the Planning Commission and, further, to authorize publication by summary only. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Consultant Services for Comprehensive Plan Update: 1. Agenda Report from Gary Crutchfield, City Manager dated August 8, 2007. 2. Proposed Professional Services Agreement. MOTION: I move to approve the Professional Services Agreement with BHC Consultants for comprehensive plan update services and, further, authorize the City Manager to sign the agreement. *(b) Street Sign Replacement--City Wide Project No. 06-3-07: 1. Agenda Report from Michael McShane, City Engineer dated August 15, 2007. 2. Bid Summary. 3. Vicinity Map. (RC) MOTION: I move to award the low bid for the Street Sign Replacement --City Wide Project No. 06-3-07 to Stripe Rite in the amount of$173,742.00 and, further, authorize the Mayor to sign the contract documents. *(c) 2007Annual Overlay/Street Reconstruction Project No. 07-3-02: 1. Agenda Report from Michael McShane, City Engineer dated August 15, 2007. 2. Bid Summary. 3. Vicinity Map. (RC) MOTION: 1 move to award the low bid including Alternate A for the 2007 Annual Overlay Project No. 07-3-02 to Inland Asphalt in the amount of$447,476.75 and, further, authorize the Mayor to sign the contract documents. 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 Regular Meeting 3 August 20,2007 RENllNDERS: 1. 6:00 p.m., Monday, August 20, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK) 2. 5:30 p.m., Wednesday, August 22, WSDO T Office, 1655 N. Fowler St. — Good Roads Association Annual Prioritization Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; MAYOR JOYCE OLSON, Alt.) 3. 7:30 a.m., Thursday, August 23, Richland Red Lion — Tri-Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.; TOM LARSEN, Alt.) 4. 4:00 p.m., Thursday, August 23, TRAC Facility — Benton Franklin District Board of Health Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS) 5. 5:30 p.m., Thursday, August 23, 710 W. Court Street — Community Action Committee Meeting. (MAYOR JOYCE OLSON,Rep.; COUNCILMEMBER REBECCA FRANCIK, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 6, 2007 CALL.TO ORDER The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Joe Jackson, Tom Larsen, and Joyce Olson. Matt Watkins was excused. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Bob Alberts, Public Works Director; David McDonald, City Planner; and Michael McShane, City Engineer. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated July 16, 2007. (b) Bills and Communications: To approve General Claims in the amount of$2,015,418.91 ($8,840.03 in the form of Wire Transfer No. 4778 and $2,006,578.88 consisting of Claim Warrants numbered 161401 through 161700). To approve Payroll Claims in the amount of$1,701,353.70, Voucher Nos. 36495 through 36694; and EFT Deposit Nos. 30017727 through 30018220. (c) Stop Bar Maintenance Project: To approve the purchase of goods and services from Apply-A-Line, Inc., for the Stop Bar Maintenance Project, in the amount of$86,016.00 and, further, to include this amount in the Year End Supplemental Budget. MOTION: Mr. Garrison moved to approve the Consent Agenda as read. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Olson presented Certificates of Appreciation for July 2007 "Yard of the Month" to: Edward and Ilazel Green, 1213 S. Gray Avenue Daniel and Barbara Snook, 1816 Road 42 Matt and Lisa Beaton, 608 Road 52 Greg and Mary Burke, 10509 Argent Road Mayor Olson presented a Certificate of Appreciation for July 2007 "Business of the Month Appearance Award" to: Soak `n Suds Laundromat, 104 S. Oregon Avenue REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Larsen attended the Emergency Medical Services Board meeting. Ms. Francik and Mr. Watkins attended the Regional Public Facilities meeting and Ms. Francik attended the State's Freight Mobility Board meeting. Mr. Garrison reported on the TRIDEC Board meeting. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 6, 2007 Mayor Olson attended the WA State Auditor's entrance meeting, marking the beginning of the City's annual audit. NEW BUSINESS: Purchase a Portion of West Brown Street& 28th Avenue Parcel: MOTION: Mr. Garrison moved to approve the purchase of real property located on the southeast corner of North 28th Avenue and West Brown Street and, further, authorize the City Manager to execute all documents necessary to effect the purchase. Mr. Jackson seconded. Motion carried unanimously. Special Permit: Placement of Cell Antennas on Road 76 Water Tower (Clearwire US) (MF #SP 07-005): MOTION: Mr. Garrison moved to approve the special permit for the location of wireless communication equipment on the water tower located at Road 76 and Sandifur Parkway as recommended by the Planning Commission. Mr. Jackson seconded. MOTION: Mr. Larsen moved to set a closed record hearing to further examine the record. There was no second. Motion failed. Mr. Garrison called for the question. Original motion carried 5-1. No—Larsen. Special Permit: Expansion of Our Lady of Lourdes Hospital Surgery (MF#SP 07- 006): MOTION: Mr. Garrison moved to approve the special permit for a surgery addition at Our Lady of Lourdes Hospital as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried.unanimously. Special Permit: Location of a Church in a C-1 Retail Commercial District (Community Unitarian Universalist Church) (MF#SP 07-007): MOTION: Mr. Garrison moved to approve the special permit for the Community Unitarian Universalist Church at 2819 W. Sylvester Street as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried unanimously. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:30 p.m. APPROVED: ATTEST: Joyce Olson,Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 20th day of August, 2007. 2 CITY OF PASCO Council Meeting of: August 20,2007 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the u ersi ned, do hereby certify under penalty of perjury that the materials have been furnished,the services r nde d or th or p ormed as described herein and that the claim is a just,due and unpaid obligatio inst the city and thal we are authorized to authenticate and cent' said cla' . -� r W Gary Cr t hfiel Cit Man r James W. C Finance Manager 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 4781 and 4787 in the amount of$42,129,43, have been authorized;that Check No.s 161701 through 161898 are approved for payment in the amount of$1,217,157.72,for a combined total of$1,259,287.15 on this 20th day of August,2007. Councilmember Councilmember SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 687,19 Judicial 13,256.48 Executive 2,143.38 Police 31,910.72 Fire 5,665.46 Administration&Community Services 37,474.91 Community Development 49,940.90 Engineering 1,868.40 Non-Departmental 45,184.52 Library 1,862.46 TOTAL GENERAL FUND: 189,994.42 STREET 364,900.41 C. D. BLOCK GRANT 25,168.97 KING COMMUNITY CENTER 2,383.88 AMBULANCE SERVICE 2,040.01 CEMETERY 2,140.32 ATHLETIC PROGRAMS 0.00 SENIOR CENTER 4,699.67 MULTI MODAL FACILITY 2,099.09 RIVERSHORE TRAIL&MARINA MAIN 758.35 LITTER CONTROL 0.00 REVOLVING ABATEMENT 396.00 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 1,778.15 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 9,652.31 METRO DRUG FORFEITURE FUND 633.41 GENERAL CONSTRUCTION 1,715.00 WATER/SEWER 480,442,77 EQUIPMENT RENTAL-OPERATING 19,737.62 EQUIPMENT RENTAL-REPLACEMENT 44,801.68 MEDICAL/DENTAL INSURANCE 73,018.06 CENTRAL STORES 306.91 FIRE PENSIONS 0.00 PAYROLL CLEARING 32,074.96 TRI CITY ANIMAL CONTROL 545,16 GRAND TOTAL ALL FUNDS: $ 1,259,287.15 3(b).1 AGENDA REPORT FOR: City Counci DATE: 08/13/2007 TO: Gary Crutch anger REGULAR: 08/20/2007 Stan S bel4Arninistrati ve&Community Services Director FROM: Ji CheBT inance Manager SUBJECT: BAD D WRI TE-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: MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of $189,296.98 and, of that amount, authorize $128,468.34 be turned over for collection. III. IIISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address,or are accounts in"occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE -These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS - These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ .00 .00 .00 Ambulance $ 60,828.64 14,861.09 75,689.73 Court A/R $ .00 108,515.00 108,515.00 Liens $ AO 2,080.00 2,080.00 Cemetery $ .00 3,012.25 3012.25 TOTAL: $ 60,828.64 128,468.34 189,296.98 1V. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT NO. 1.6 FOR: City Council August 8, 2007 TO: Gary Crutch i i Manager FROM: Robert J. Alb rt , orks Director Workshop Mtg.: 08/13/07 Regular Mtg.: 08/20/07 SUBJECT: Amendment No. 3, Engineering Services Agreement with CH2MHil1 1. REFERENCE(S): 1. Vicinity Map 2. Amendment No. 3 to Professional Services Agreement 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 08/13/07: Discussion 08/20/07: MOTION: I move to approve Amendment No. 3 to the February 22, 2005 Professional Services Agreement with CH2MHill authorizing additional engineering services not to exceed $35,600, for the water and sewer utilities in Argent Road and Road 84, and further, authorizes the Mayor to sign the agreement. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: A) Pasco School District selected the corner of Argent Road and Road 84 for the location of the new high school. The site does not have sewer service at this time and the water system on Road 84 is dead ended and needs to be connected to the pipeline to the north. V. DISCUSSION: A) To accommodate the water and sewer needs for the site, a sewer pump station, water pipeline, and sewer pipeline will need to be designed and installed prior to opening of the new school. The proposed amendment is for the design of the water and sewer improvements needed .in Argent Road and Road 84. The fee would be $35,600. 3(c) ROAD 84 AND ARGENT SEWER IMPROVEMENTS ql rti �1 k � W ♦ 4x z cAiF"''ia/ 1 ,n,. '�'' of n'r, ^�a a i '�'• Xv< i, I f 1`75'9 P� fi yw � x .� err y °,r� tv.ti� �Jrr�A �. �{•H A� •�' 'C I!}� �'h .� L�+'•rW"N �.y fI i#" ",, y f A {�' A}, +' b/Q+ M1 �4 �`- ! 'a•,.l ,< a kk 55 i ( 1 it h W 1a f' yhMj,t t' WR ' � u�, �� �� "r - ^ � l � � },i 1�'��d,�,y.� �xl•'M.a d � x '" oSd r ,E���"°i� r i '�"� �d1` W � � � i r��4 � + '„1;•, 'a,r � l�� �� r'a�r ��'� j,J� yy66'���,"� ppC,}r .rpp4� x'a f nr': '.. °; a )I 8� � $ K �)�R�+!"✓✓ a P� Yrgl�...,4'T µ t i. w ,3<t *"fix # ro �c .�w•�t{r+ ,� � ,. � �w.- �, l ��� >•,y ,�Sd.P r Fi r�' �',5yi��� a f �w��ir�� � v. z# It 0 i I'M ' SITE LOCATIONS ! .µ k H f� �ria r•s(. , ��d g � �4.�� ��r ��� +nl t Afzti� 'lit � 4r aya ,'k °4 Y 6r � �'•i d � .. tom' ��n ♦� f`� FkY<;� 'M qty` '� � l � , • Y! 1 � r ;. DRADIE R � AMENDMENT NUMBER 3 to PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City and The CH2M Hill entered into a Professional Services Agreement on February 22, 2005,with respect to on-going transportation and traffic management services. NOW, THEREFORE, this agreement is amended to allow The CH2M Hill to provide additional utility design and engineering services as described on Attachment A. I. Scope of Work: Task A - Design a sewer lift station, water pipeline and sewer pipeline in Road 84. Complete the design of a sewer force main and gravity sewer pipeline. 2. Fee: Task A - The added services by the consultant shall be for the lump sum total of $35,600. 3. Time of performance: Task A—The engineering services shall be complete for the project on or before January 1, 2008. DATED THIS DAY OF ,2007, CITY OF PASCO: CONSULTANT—C112M Hill: Joyce Olson, Mayor Anthony Krutsch, Principle Project Manager ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney C42M Hill 1 Amendment No. 3 Professional Services Agreement—On-going Services ATTACHMENT A CITY OF PASCO ROAD 84/Argent SEWER PIPELINE SCOPE OF SERVICES GENERAL: The City of Pasco has been asked to provide sewer service to the new Pasco high school site northeast of the intersection of Argent Road and Road 84. The City has requested that CH2M HILL prepare an interim design to serve the new Pasco high school. The interim design would involve the installation of one of the City's existing Pumping Station's and emergency generator's (information to be provided by Doyle Heath, Utilities Engineer for the City of Pasco) at the intersection of Road 84/Bell Street(on a site located on the new high school property-approximately 30-feet X 30-feet). The forcemain from the interim pumping station will by constructed along the North right-of-way line of Argent Road to an existing gravity sewer pipeline located West of Road 68. A gravity pipeline will be constricted along the East right-of way line of Road 84 to 10-feet South of the existing trailer park on the East side of Road 84. A gravity pipeline will also be constructed on the South side of Argent Road between Road 84 and Road 76 to serve those residences located along the South side of Argent Road. In addition,the City has requested that CI-12M HILL include the design of a 12-inch waterline in Road 84 from Argent Road to an interconnection with an existing 8-inch waterline located North of the Franklin County Irrigation District Canal. A Pressure Reducing Valve in a below grade utility vault will be needed to connect the 8-inch waterline to the 12-inch waterline. Task 1: Preliminary Design Preliminary Design services consist of the following: • Contact utility companies serving the area to mark utilities in the field and obtain utility drawings. • Obtain right-of-way maps of the project area. • Coordinate a site-survey of the project area to identify utility locations, rights-of-way, and key service elevations. Survey services will be provided by the City of Pasco and/or by Meier Enterprises,Inc (providing services on the Pasco high school project). • Coordinate with Meier Enterprises,Inc on the design of service requirements for the Pasco high school, and the roadway improvements proposed for Road. 84 and Argent Road. • Obtain standard specifications,standard details,and drawing standards from the City of Pasco for use on this project. • Establish final design criteria,preliminary drawings (base map),schedule of completion of design drawings, and preliminary opinion of probable cost. • Meet with City to review status of Preliminary Design and obtain input,review,and comments. Task 2: Final Design Final Design services consist of the following: • Prepare bidding documents consisting of design drawings and specifications. Specifications will be prepared utilizing City of Pasco standard specifications and details for sewer pipeline construction. • Provide technical criteria,written descriptions,and design data for the City to use in filing applications for permits,or obtaining approvals of government authorities having jurisdiction to approve the design of the project,and assist the City in consultations. • Update the opinion of probable cost at the 90%completion of the bidding documents. • Furnish five (5)copies of the 90%bidding documents. Two (2) copies to be sent to WDOE for final review(if required). • Meet with City to review 90%bidding documents and obtain input,review and comments. Task 3: Bid Documents Sid Document services consist of the following: • Prepare bid documents,including final drawings and specifications for the project. • Furnish three(3)bound copies of the set of plans (11X17) and specifications, one (1)bid ready unbound reproducible set of plans (11X17) and unbound specifications,and one (1)unbound reproducible set of full-sized drawings (22X34). Based on our understanding of the project,CH2M HILL anticipates the following drawings will be prepared in AutoCAD format: • Cover • Location/Vicinity/List of Drawings • Symbol Legend • Abbreviations • Project Control Data • Plan and Profile (l."=50') • Plan and Profile (1"=50') • Plan and Profile (1"=50') • Electrical Plan • Details • Details Task 4: Bidding and Construction Services Bidding and Construction Services by CH2M HILL may be added to this Scope of Services by Addendum if required by the City and upon mutual acceptance of the Scope of Services. CITY OF PASCO ROAD 84/Argent Road SEWER PIPELINE COST PROPOSAL Based on the "Scope of Services",Attachment A, for the Road 84/Argent Road Sewer Pipeline project,CH2M HILL has prepared the following lump sum proposal: Task 1 through Task 3* $ 35,600 (lump sum) Task 4 to be determined (per diem) TOTAL SERVICES THIS AGREEMENT $ 35,600 *No geotechnical or surveying services have been included in this proposal. All Work will be conducted under the terms and conditions of the Professional Services Agreement between the City of Pasco and CH2M HILL signed February 22,2005. AGENDA REPORT NO. 17 FOR: City Counc413rts, August 8, 2007 TO: Gary Crutc Manager FROM: Robert J. A Public Works Director Workshop Mtg.: 08/13/07 Regular Mtg.: 08/20/07 SUBJECT: Memo of Understanding (MOU) for Water Conservation Education I. REFERENCE(S): 1. Memo of Understanding (MOU) II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 08/13: Discussion 08/20: MOTION: I move to approve the Memo of Understanding with Benton- Franklin IIealth District for Water Conservation Education and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: A) In September 2003 the Department of Ecology issued a regional water rights permit in the name of Pasco, Richland, Kennewick and West Richland, referred to as the "Quad-Cities". A condition of the permit was for the cities to have water conservation programs including a recommended school education program. V. DISCUSSION: A) The Benton-Franklin Health District (Health District) currently provides other education programs in the school districts. The Health District has agreed to make the education on water conservation part of their program. The cost to the City would be for any direct costs for materials and publications. The Memo of Understanding outlines the program with the City of Richland being the lead agency. The Memo of Understanding meets the water right requirements. Staff recommends approval of the agreement. 3(d) MEMORANDUM OF UNDERSTANDING BETWEEN CITIES OF KENNEWICK, PASCO, RICHLAND, WEST RICHLAND AND BENTON-FRANKLIN HEALTH DISTRICT FOR WATER CONSERVATION PUBLIC EDUCATION AND OUTREACH PROGRAM SERVICES THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into this date by and between the Cities of Kennewick, Pasco, Richland, and West Richland, municipal corporations, (hereinafter "Quad-Cities") and the Benton-Franklin Health District, a governmental agency (hereinafter"District"). WHEREAS, the Quad-Cities and the District are public agencies as defined in RCW 39.34.020(1), who wish to enter into a Memorandum of Understanding; and WHEREAS, In September, 2003 the Washington State Department of Ecology issued water right permit 54-30976 to the Quad-Cities; and WHEREAS, Permit conditions require the Quad-Cities to implement a joint regional water conservation program; and WHEREAS, the Benton-Franklin Health District is a bi-county governmental agency currently providing water conservation education; and WHEREAS, the Quad Cities desires to enter into a memorandum of understanding with the Benton Franklin Health District to develop and implement a water conservation public education and outreach program for the Quad-Cities. For and in consideration of the conditions, covenants and agreements contained herein, the parties agree as follows: 1. DUTIES: A. The District will develop, publish and maintain a Water Conservation page on the District's Web Site providing links to the Quad-Cities with water conservation educational materials targeted for commercial, industrial, residential (indoor) and landscape water use. Web site materials will be updated regularly with links to cooperative extension to provide up to date landscape water demand information. Web site design and content shall be reviewed and commented on an annual basis by each of the Quad-Cities. B. The District may acquire, develop, and distribute water conservation curriculum suitable for K-12 classrooms. The District may actively solicit local school districts and private schools for distribution of the curriculum and to provide classroom presentations. C. The District will design an annual water conservation brochure. The design shall be based on a tri-fold 8'/z"xl l" brochure and shall be submitted for Quad-Cities review no later than February I` of every year. The final design shall be provided to the Quad-Cities no later than March 15`of every year. Page 1 of 3 D. The District will report annually by January 1st summarizing its water conservation public education activities on behalf of the Quad-Cities for the previous year. E. The Quad-Cities shall designate a representative to act on behalf of each City. F. The Quad-Cities shall provide timely review of District-prepared materials. G. The Quad-Cities shall be responsible for all printing costs for materials to be used in their respective Cities. 2. COMPENSATION FROM THE QUAD-CITIES. The Benton-Franklin Health District currently conducts water quality education within all of Benton and Franklin Counties. Funding will not be required for the first year of the program. The District will inform the Quad-Cities by June I" of every year for the term of the MOU if funding for the program will be required for the following fiscal year. 3. TERM. The term of this agreement is for 5 years. 4. ADMINISTRATION. This MOU shall be administered by the City of Richland or its Contracting Officer. Modifications to this agreement may be done by written consensus of the Quad-Cities Public Works Directors and the Health District. All reimbursement to the Health District shall be administered through the City of Richland with the city collecting from the other members. 5. TERMINATION. This MOU may be terminated by 30 days written notice from the party desiring to terminate the agreement with the other parties. DATED this day of , CITY OF RICHLAND, WASHINGTON By: �. ROBERT WELCH, Mayor ATTEST: DEBRA BARHAM, City Clerk CITY OF KENNEWICK, WASHINGTON BY: _ JAMES R. BEAVER, Mayor ATTEST: VALERIE LOFFLER, City Clerk Page 2 of 3 CITY OF PASCO, WASHINGTON By: JOYCE OLSON, Mayor ATTEST: DEBBIE CLARK, City Clerk CITY OF WEST RICHLAND, WASHINGTON By: DALE JACKSON, Mayor ATTEST: JULIE RICHARDSON, City Clerk BENTON-FRANKLIN HEALTH DISTRICT, WASHINGTON By: Larry Jecha, M.D., M.P.H., District health Officer Page 3 of 3 AGENDA REPORT FOR: City Council 0 August 17, 2007 TO: Gary Crutch ► Manager FROM: Stan Strebel, dminist, i Viand Community S ice r c or Regular Mtg.: 8/20/07 SUBJECT: Parks and Recr ation Advisory Board Recommendation for Pool Committee I. REFERENCE(S): 1. Letter from Advisory Board Chairman (8-6-07) 2. Pool Options 3. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/20: Motion: 1 move to adopt Resolution No.30 Z forming an ad hoc Advisory Committee for Aquatic Facilities. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) In August of 2006, the Park and Recreation Advisory Council forwarded (in response to a request from Council) a recommendation on the disposition of the 3 City swimming pools. As updated cost estimates were not available for each item under the recommendation,,the Council authorized ORB Consultants, in early 2007, to prepare and update cost estimates for alternative proposals for each facility. This infonnation was provided to the Council and the Advisory Council in June. B) At the July meeting of the Advisory Council, members discussed a number of alternatives and reached consensus on a tentative recommendation. At the August meeting of Advisory Council, staff was able to provide more complete information to the group regarding the City's ability to pay for improvements (and in the context of other pressing needs)as well as the potential cost impacts on individual property owners. C) With more complete information, the Advisory Council concluded, as stated in the attached letter from the Chairman, that "the complexity and potential cost associated with any comprehensive decision on our pools . . . must be well researched, understood and evaluated by both the Advisory Council and the City Council". The Advisory Council,therefore, suggested a committee composed of members of both Councils could be helpful. V. DISCUSSION: A) A committee approach will enable members of both Councils to evaluate alternatives more completely. B) Several members of the Advisory Council have indicated an interest and willingness to serve. Staff suggests that the Council consider the appointment of 3 Advisory Council members and 2 or 3 City Council members to serve. C) It is suggested that the committee be tasked with the assignment to develop a recommendation encompassing, at least, the future of each pool facility, as well as an articulated plan for serving the entire community, by February 1, 2008. 3(e) ADMINISTRATIVE AND COMMUNITY SERVICES DEPARTMENT • P.O.BOX 293,525 NORTH THIRD AVENUE,PASCO,WASHINGTON 99301 D/►�/SrONS ADARNISTRATIVE SERVICES August 6,2007 (509)544.3096 FAX 543-5717 CITYCLERK (509)543-3401 FAX 543-5717 Pasco City Council City Hall FACILITIES SERVICES (509)543-5757 Honorable Council Members- FAX543-5758 FINANCE For several years,the Park and Recreation Advisory Council has been reviewing and discussing the SERVICES (509)545-3401 situation and alternatives with our City swimming pools. We have been mindful of the aged FAX344-3081 condition of the existing pools and have followed closely the progress of the proposed regional INFORMATION aquatic faculty. We have reviewed many options for upgrading or replacing facilities as prepared by SERVICES staff and consultants to the City. Fox)54-3419 1 Last fall the Advisory Council forwarded a recommendation to you which proposed a specific course RECREATION SERVICES of action for each of our three facilities. Following upon that recommendation, staff and ORB (509)545-3456 Consultants prepared updated cost estimates for the options included in our recommendation,plus 1Ax545-3455 others. The Advisory Council has been reviewing this information, as we know the City Council has, for some months now. At its meeting of August 2,2007,the Advisory Council was poised to consider sending a new recommendation to the Council for your consideration in the CIP to be adopted later this year. Following discussion with the City Manager and staff,the Advisory Council was of the unanimous opinion,that because of the complexity and potential cost associated with any comprehensive decision on our pools,any such recommendation must be well researched, understood and evaluated by both the Advisory Council and the City Council. For this reason, the Advisory Council voted to request that the Council appoint a committee consisting of members of the City Council,the Advisory Council and staff,to see if an acceptable plan can be developed for action by the entire Council. I am pleased to make this recommendation on behalf of the Advisory Council, in the event that the City Council chooses to name a committee,there are a number of members of the Advisory Council who have expressed a willingness to serve. Thank you. LSii rel Duane"Taber, Chairman Park and Recreation Advisory Council SWIMMING POOL ALTERNATIVES COST ESTIMATES Est. Annual Capital Cost Net Revenue* KURTZMAN POOL ALTERNATIVES 1. Required Renovation, 2008 Code Compliance 5,100 (15,000) 2. Demolish, Restore Site 125,000 - 3. Complete Renovation, As Is (20 yard) 750,000 (15,000) 4. Replacement, As Is (20yard) 1,100,000 (15,000) 5. Replacement, Expanded 25yard 2,600,000 # (10,000) 6. Replacement, 25 yd Indoor, Competition 5,600,000 (109,000) 800sf Training (see dwg K6) 7. Replacement, 25yd Indoor, Competition 7,530,000 21,000 2500sf Leisure (see dwg K7) RICHARDSON POOL ALTERNATIVES 1. Required Renovation, 2008 Code Compliance 5,100 (15,000) 2. Should Complete Heater Replacement 10,000 (15,000) Deck Replacement 35,000 3. Demolish, Restore Site 125,000 - 4. Complete Renovation 750,000 (15,000) 5. Replacement, As Is 1,100,000 (15,000) 6. Demolish, Replace with Sprayground 650,000 (6,600) ** (water re-use) 7. Demolish, Replace with Sprayground 400,000 (7,800) *" (flow through) MEMORIAL POOL ALTERNATIVES 1. Required Renovation, 2008 Code Compliance 14,600 (50,000) 2. Complete Renovation, As Is (50yard) 3,030,000 (45,000) 3. Renovation, Add Rapids Channel, 3,300,000 (30,000) Interactive Features (see dwg Nl3) 4, Replacement, Add Interactive Features 5,400,000 (35,000) 5. Renovate Pool, New Bathhouse, Add Leisure Pool, Interactive Features (see dwg M5) 7,500,000 80,000 *** 6. Replacement, Indoor Facility (see dwg M6) 12,000,000 (278,000) *Operational costs estimated including program/admission revenues Best Case Scenarios ** Sprayground costs based on 25,000 gal per day, 8hr/day, 120 days. Labor, electrical, water, sewer, chemicals; No revenue assumption ***Costs updated from 2002 Study #Cost estimate provided by ORB, 5/8/07 RESOLUTION NO. A RESOLUTION of the Pasco City Council forming an ad hoc Advisory Committee to recommend a Capital Project Plan for Aquatic Facilities to serve the Pasco community. WHEREAS, the city has three aging swimming pools, each of which is in need of substantial repair and/or renovation; and WHEREAS, the city's pools were all in existence in the late 1960's when the city's population was approximately 14,000 and now serve a population exceeding 50,000; and WHEREAS, contemporary aquatic recreation facilities present many more capital investment options from which to choose; and WHEREAS, the City Council has received a report from ORB, a recreation facilities consultant, outlining several such options for consideration by the Council; and WHEREAS, the City Council desires to define a specific capital project plan to incorporate aquatic facilities options preferred to fulfill the contemporary aquatic recreation needs; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: An ad hoc Committee, to be referred to as the Aquatic Facilities Review Committee, is hereby authorized and shall be composed of six members appointed by the Mayor and selected from the following respective bodies: • Two members of the City Council, one of which shall chair the committee; • One member of the Planning Commission; • Three members of the Park and Recreation Advisory Board. SECTION 2: The committee, after reviewing the city's swimming programs, facilities, needs and the associated consultant reports, shall define a recommended Capital Project Plan for aquatic facilities, including,as it deems most appropriate, closure,renovation or new construction and proposed financing. SECTION 3: The committee shall provide its recommendation to the City Council by February 1, 2008 and shall be supported by staff as assigned by the City Manager. PASSED by the City Council of the City of Pasco this 20th day of August 2007. Joyce Olson,Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney GENERAL FUND OPERATING STATEMENT THROUGH JULY 2007 CASH BASIS YfD % OF YTD TOTAL %OF 2007 2007 ANNUAL 2006 2006 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 2,860,015 5,205,000 54.9% 2,279,722 4,748,822 48.0% SALES 4,906,187 7,071,300 69.4% 4,426,420 8,063,165 54.9% UTILITY 4,135,411 6,350,000 65.1% 4,020,283 6,749,649 59.6% OTHER 463,704 945,000 49.1% 585,143 806,606 72.5% LICENSES&PERMITS 1,310,200 957,100 136.9% 1,376,301 1,912,608 72.0% INTERGOV'T REVENUE 960,253 1,544,500 62.2% 780,752 1,408,019 55.5% CHARGES FOR SERVICES 1,555,451 2,549,340 61.0% 1,553,092 2,424,454 64.1% FINES& FORFEITS 552,181 721,000 76.6% 442,206 796,721 55.5% MISC. REVENUE 567,762 728,800 77.9% 547,590 973,277 56.3% OTHER FINANCING SOURCES 177,676 135,000 131.6% 21,875 38,030 57.5% TOTAL REVENUES 17,488,840 26,207,040 66.7% 16,033,384 27,921,351 57.4% BEGINNING CASH BALANCE 5,314,454 6,000,000 6,498,810 6,498,810 TOTAL SOURCES 22,803,294 32,207,040 70.8% 22,532,194 34,420,161 65.5% EXPENDITURES: CITY COUNCIL 56,063 106,150 52.8% 61,454 106,376 57.8% MUNICIPAL COURT 547,643 996,515 55.0% 502,134 977,330 51.4% CITY MANAGER 374,844 603,550 62.1% 339,094 617,137 54.9% POLICE 5,424,057 8,809,373 61.6% 4,467,258 8,570,660 52.1% FIRE 2,092,019 3,539,260 59.1% 2,248,273 3,848,386 58.4% ADMIN &COMMUNITY SVCS 2,526,618 4,706,185 53.7% 2,507,848 4,553,616 55.1% COMMUNITY DEVELOPMENT 799,633 1,070,450 74.7% 712,593 1,304,942 54.6% ENGINEERING 553,603 1,080,730 51.2% 650,633 1,206,579 53.9% MISC. NON-DEPARTMENT 2,431,345 5,642,855 43.1% 3,430,463 6,979,718 49.1% LIBRARY 648,012 1,030,000 62.9% 546,241 940,963 58.1% TOTAL EXPENDITURES 15,453,837 27,585,068 56.0% 15,465,991 29,105,707 53.1% ENDING FUND BALANCE 4,621,972 5,314,454 TOTAL EXPEND AND END FUND BAL 32,207,040 34,420,161 AVAILABLE CASH BALANCE 7,349,457 7,066,203 PERCENTAGE OF BUDGET ALLOCATED FOR 7 MONTHS 58.3% • Authorized but non-budget expenditures of $325,840 (cumulative)which will effectively reduce the ending fund balance. These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance at month end. The City's CAFR is prepared using the Accrual Basis of Accounting. These statements are intended for Management use only. 6(b) AGENDA REPORT NO. 59 FOR: City Council DATE: 8/ 1/07 TO: Gary Crutchfi it anager WORKSHOP: REGULAR: 8/20/07 FROM: David I. McDonald, City Planner" -���. SUBJECT: Rezone from C-1 (Retail Business) to C-3 (General Business) Frank Lindstrom (MF# Z07-002) I. REFERENCE(S): A. Proposed Rezone Ordinance with Concomitant Agreement B. Planning Commission Report C. Planning Commission Minutes: Dated 6/21/07 & 7/19/07 II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATION: MOTION: I move to approve Ordinance No. granting a rezone for the Frank Lindstrom property from C-1 to C-3 with a concomitant agreement as recommended by the Planning Commission, and, further to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On June 21, 2007 the Planning Commission conducted a public hearing to determine whether or not to recommend a rezone from C-1 to C-3 for a property located on the southeast corner of 28th and Sylvester Street. B. Following the conduct of a public hearing, the Planning Commission reasoned that with conditions it would be appropriate to recommend a change in zoning for the property in question. The proposed conditions are included in the attached concomitant agreement. C. No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: VI. ADMINSTRATIVE ROUTING: 8(a) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning Classification of Certain Real Property Located at the corner of 28th and Sylvester Avenue, from C-1 (Retail Business) to C-3 (General Business) with a Concomitant Agreement. WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification and (D) the request for change in zoning classification is categorically exempt under the Washington State Environmental Policy Act, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from C-1 (Retail Business) to C-3 (General Business) for the real property as shown in the Exhibit "1" attached hereto and described as follows: The North '/2 of the West '/2 of the Northwest '/4 of the Northwest '/4 of the Southeast '/4 of Section 25, Township 9 North, Range 29 East, W.M. Franklin County, Washington; Less that portion dedicated for Highway and Roads. Section 2. That the change of a zoning classification as provided in Section 1 is contingent, and conditioned upon execution and compliance with a Concomitant Agreement entered into between the Petitioner and the City which will attach to and run with the real property described in Section 1 above. Said Concomitant Agreement is attached to this Ordinance as Exhibit No. "2". Section 3. This ordinance shall take full force and effect five (5) days 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 20th day of August 2007. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr , City Attorney N 26TH AVE N 28TH AVE cn cn H O H cD cn w Z J � cn w "Exhibit # 2" CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Pasco, Washington, a non-charter code city, under the laws of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of property within its jurisdiction; and WHEREAS, the Owner(s) of certain property have applied for a rezone of such property described below within the City's jurisdiction; and WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone; and WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance with the Pasco Municipal Code provisions relating to the use and development of property situated in the City of Pasco, described as follows: (SEE PAGE 2,#5, LEGAL DESCRIPTION) WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insure compliance with the Pasco Zoning Code, and all other local, state and federal laws relating to the use and development of the above described property; and WHEREAS, the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this concomitant agreement, NOW, THEREFORE, In the event the above-described property is rezoned by the City of Pasco to C-3 (General Business District) and in consideration of that event should it occur, and subject to the terms and conditions hereinafter stated, the applicant does hereby covenant and agree as follows: 1. The Owner(s) promise to comply with all of the terms of the agreement in the event the City, as full consideration herein grants a rezone on the above-described property. 2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement. 3. This agreement shall be binding on their heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 4. Conditions: The following uses in PMC Chapter 25.46, C-3 General Business District, are prohibited (6) Heavy machinery sales and service; (S) Landscape gardening and storage area for equipment and materials; and (11) Lumber sales business. S. Legal Description: Parcel # 119-462-074 The North 1/2 of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Southeast 'A of Section 25, Township 9 North, Range 29 East, W.M. Franklin County, Washington; Less that portion dedicated for Highway and Roads. The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above-described property: Owners: STATE OF WASHINGTON) ) ss. County of Franklin ) On this day personally appeared before me to me known to be the individual(s) who executed the within and foregoing instrument on the lines above theirihis typed names and acknowledged they/he signed the as theirihis free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal of day of 200 Notary Public in and for the State of Washington, residing at CONCOMITANT ZONING AGREEMENTPAGE 2 OF 2 CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , rezones The N '/2 of the W '/2 of NW 1/4 of the NW '/4 of the SE 1/4 of Sec. 25 T9N, R 29 E, dedicated for Highway and Roads, from C-1 (Retail Business) to C-3 (General Business) with a Concomitant Agreement. The full text of Ordinance No. , is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545- 3402, P.O. Box 293, Pasco, Washington 99301. Sandy Kenworthy, Deputy City Clerk REPORT TO PLANNING COMMISSION MASTER FILE NO: Z07-002 APPLICANT: Frank Lindstrom HEARING DATE: 06/21/07 Po Box 3936 ACTION DATE: 07/ 19/07 Pasco, WA 99301 BACKGROUND REQUEST: Area wide Rezone from C-1 (Retail Business) to C-3 General Business. 1. PROPERTY DESCRIPTION: Legal: The N 1/2 of the WY/2 of NW 1/4 of the NW 1/4 of the SE 1/4 of Sec. 25 T9N, R 29 E, less roads. General Location: SE corner of 28th & Sylvester. Property Size: Approximately.85 acres 2. ACCESS: The property has access from 28th Ave and Sylvester St. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail Business) and is vacant. Zoning and land use of the surrounding properties is as follows: NORTH- C-3/Vacant. SOUTH- C-1/Bowling alley. EAST- C-1/Commercial. WEST- C-1/Service Station/Mini Mart. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for commercial uses. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS The property was annex to the City and assigned the C-1 zoning classification in the 1960's. It has essentially been vacant for that time period except for the development a parking lot. The Comprehensive Plan has designated the property and surrounding areas for commercial land uses. While the Plan does not specifically identify the types of commercial land uses to be located on the site the Plan does suggest similar businesses ought to be grouped together. When discussing a possible rezone for the property in question the Planning Commissions needs to consider the intended and existing character of the surrounding neighborhoods, in this case the commercial development that is beginning to occur near the property. Much of the development that exists or has occurred in the recent past can be classified as C-3 type uses. The Car dealerships to the north on 28th Ave are a good example. Other uses that have been approved by special permit such as the mini-storage on Irving Street and the car lot to the north are basically C-3 type uses. In reviewing this proposed rezone the Planning Commission will need to considered whether there have been any changing conditions within the neighborhood that would warrant the property being rezoned The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: The property has been zone C-1 for about 40 years. The property has remained vacant as other nearby properties in C-3 zones have developed and/or C-3 type uses (car lot & storage) have been approved by Special permit. Major C-1 retail centers have developed at Court and 20th and on Road 68. Current development patterns will discourage C-1 development from occurring on the site. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. 2 Little or no C-1 type development has occurred in the general vicinity over the last 25 years. Development that has occurred near the site has primarily been C-3 related uses such as the car dealerships mini-storage units and contracting businesses. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan. The Comprehensive Plan encourages commercial development on the site. Commercial development in the general area has been non-retail service type development. The Comprehensive Plan encourages the grouping of similar types of businesses. 4. The effect on the property owner or owners if the request is not granted. Under the current zoning the property has been vacant for at least 40 years. Given the current commercial development trends and the trends over the past 40 years it is unlikely the property would develop with C-1 type uses. 5. The Comprehensive land use designation for the property. Comprehensive Plan Policy LU-4-B requires the encouragement of the concentration of commercial activities which are functionally and economically beneficial to each other. Rezoning this property C-3 would allow it to be developed in a manner similar to nearby properties. INTIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is zoned C-1 (Retail Business). 2) The C-1 zoning was established when the property was annexed to the City in the 1960's. 3) The Comprehensive Plan designates the site for commercial uses. 3 4) The Comprehensive Plan encourages the grouping of similar type businesses. 5) Recent nearby development activity has included car dealers, mini storage, and contractor offices and showrooms. 6) The property has been vacant as zoned for 40 years. 7) Major retail centers are located at Court Street and 20th Avenue and on Rd 68. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in P.M.C. 25.88.060. The criteria are as follows: (1) The proposal is in accord with the goals and policies of the comprehensive plan. The goals and policies of the Comprehensive Plan encourage the concentration of commercial activities which are functionally and economically beneficial to each other. (2) The effect of the proposal on the immediate vicinity will be materially detrimental. Surrounding uses include a number of non retail service businesses and car dealerships, all C-3 activities. The surrounding properties will not be detrimentally impacted by the proposed change because the land will be able to be developed with similar land uses that are beneficial to one another. (3) There is merit and value in the proposal for the community as a whole. Rezoning the property to C-3 will allow it to develop with businesses similar to surrounding businesses. 4 (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. Conditions should be imposed to address impacts related to certain types of businesses permitted in the C-3 District such as heavy equipment sales and service. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement should be required to ameliorate possible adverse impacts from certain C-3 uses. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the July 19, 2007 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council rezone the site from C-1 (Retail Business) to C-3 (General Business) with conditions prohibiting the following uses in PMC 25.45.020: (6) heavy machinery sales and service; (8) landscape gardening and storage area for equipment and materials; and (11) lumber sales business. 5 • Item: Rezone C- 1 to C-3 Vicinity Map Applicant: Frank Lindstrom N File #: Z 07-002 4� _ mow= � �w��`� � - `( 3 aka - Y•'� "€' 3x r -.�.. — w4 •. rs r -s« _ fir_ - _` d'c,_fr.`K'��. ',.e,d-ixL�•�.g 1 �._. ," � 7r Z sf' !'��if �,•it Jr�_{ R �' �~'y Miry .tom.` i � .Z r, SITE fwlo ; '• � �r�' - ..-«ate°;�`�� � - - �``� +.. - `� � ate'°=• ,. 2� { Land Item: Rezone C- 1 to C-3 Use Applicant: Frank Lindstrom x Map File #: Z 07-002 Vacant Residential - '=- z -- " Commercial !< Commercial M. W SYLVESTER ST -- -'- - - - ---- -- — Vacant Res. Commercial = SITE --- — Multi -- Multi W IRVING ST _ _ _ . --: Fam Fam Res. Res. Commercial Mortuary Commercial Zoning Applicant: Frank Lindstrom x Map File #: Z 07-002 R-2 � R-1 -A ' R-3 - '�R-2� m W SYLVESTER ST -- _ CO C-3 _ G1 = _ _ C-1 � SITE ----- _ C-3 R-4 C-1 C-1 -- C-1 C-3 REGULAR MEETING JUNE 21, 2007 PLANNING COMMISSION MINUTES A. Rezone Rezone from C-1 (Retail Business) to C-3 (General Business) (SE Corner of 28th Ave. 8a Sylvester St.) (Frank Lindstrom) (MF #2-07-002) Chairman McCollum read the master file number and asked staff for a report. Staff stated that notice of the hearing was published in the newspaper and mailed to surrounding property owners. One phone call was received from Time Oil Company of Seattle, Washington, owner of the convenience store property at the SW corner of 28th and Sylvester - directly west of the proposed site. Staff explained the property was zoned C-1 about 40 years ago when it was annexed to the City. The property has remained vacant since annexation. It was explained that the Planning Commission needs to consider any changes that have taken place in the general vicinity prior to making a recommendation on zoning. It was noted that a number of C-3 type businesses have located in the area or have been there for many years. Staff reviewed the written report for the benefit of the Planning Commission. Staff indicated the C-3 zoning could only be recommended with conditions limiting certain uses such as heavy equipment sales and service. Chairman McCollum asked if Time Oil's comment was an objection to the rezone. Staff stated Time Oil was curious about what was being proposed across the street but, had no objection to the rezone. Commissioner Samuel asked what the three adjacent buildings were just to east. Staff stated a house a telecommunication building and a restaurant/tavern. The Chairman opened the Public Hearing. Frank Lindstrom, 4703 Adobe, owner of the property spoke in favor of the rezone. . Currently, 1/2 of the property is C-3 and 1/2 is C-1. He stated he was trying to create some flexibility in the zoning to promote development. The Chairman asked if Mr. Lindstrom knows the buildings use? Mr. Lindstrom responded that he has inquiries for wholesale storage and a restaurant. Commissioner Anderson asked Mr. Lindstrom if he had any concerns about a zoning agreement restricting some of the businesses that could locate on his site. Mr. Lindstrom responded - No, not at all. After three calls for additional public comment the Chairman closed the Public Hearing. Commissioner Samuel moved to close the hearing on the proposed special permit and to initiate deliberations and schedule adoption of Findings of Fact Conclusions and a recommendation to the City Council for the July 19, 2007 meeting. Commissioner Hay seconded the motion; motion carried unanimously. REGULAR MEETING JULY 19, 2007 PLANNING COMMISSION MEETING MINUTES A. Rezone Rezone from C-1 (Retail Business) to C-3 (General Business) (SE Corner of 28th Ave. & Sylvester St.) (Frank Lindstrom) (MF #Z-07-002) Vice Chairman Samuel introduced the item and explained that it had been presented at the last meeting and public comment had been received at that time. No further public comments will be taken during the deliberations. Staff stated that as a result of the public hearing, staff has prepared a final report including findings of fact, conclusions based upon those finds of fact, and a recommendation incorporating conditions as discussed at the public hearing related to restricting or limiting certain uses within the C-3 zone for this neighborhood particularly heavy machinery sales and service, landscape gardening and storage areas, and lumber sales businesses. Commissioner Anderson moved to adopt the Findings of Fact and Conclusions there from as contained in the July 19, 2007 Staff Report. Commissioner Hay seconded the motion; motion carried unanimously. Commissioner Anderson moved based upon the Findings of Fact as adopted, the Planning Commission recommend the City Council rezone the site from C-1 (Retail Business) to C-3 (General Business) (SE Corner of 28th Ave. & Sylvester St.) with conditions prohibiting the following uses in PMC 25.46.020: (6) heavy machinery sales and service; (8) landscape gardening and storage area for equipment and materials; and. (11) lumber sales business. Commissioner Hay seconded the motion; motion carried unanimously. AGENDA REPORT TO: City Council August 8, 2007 l ROM: Gary Crutchfi Manager Workshop Mtg.: 8/13/07 Regular Mtg.: 8/20/07 SUBJECT: Consultant Services for Comprehensive Plan Update 1. REFERENCE(S): 1. Proposed Professional Services Agreement 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/13: Discussion 8/20: MOTION: I move to approve the Professional Services Agreement with BHC Consultants for comprehensive plan update services and, further, authorize the City Manager to sign the agreement. III. FISCAIa IMPACT: $15,000 IV. .HISTORY AND FACTS BRIEF: A) The city is obligated by state law to update its Comprehensive Plan and Growth Management Program by the end of this calendar year. Planning staff had initiated the work program to accomplish the task and has completed the analysis of the Urban Growth Area requirements and associated policies. To complete the balance of work by the end of this year, the City Planner position would need to dedicate the majority of his time to that effort and nothing else. B) The recent departure of the Community & Economic Development Director has caused the City Planner to assume some planning functions and office administration functions previously performed by or under the direction of the Director. This circumstance significantly erodes the ability of the City Planner position to focus sufficient time on the comprehensive plan update. C) Staff has elicited a proposed professional services agreement from the consultant who has already performed a portion of the work under a separate contract (funded by a Growth Management Planning Grant from the State). The work remaining to be completed involves updating the background and data (Volume 2) supporting the planning policies contained in Volume I of the Plan (see scope of work attached to the proposed contract). The consultant proposes to finish the comprehensive plan update by the end of this year for a total cost not to exceed$15,000. V. DISCUSSION: A) The city essentially has two choices: hire an "interim" Community & Economic Development Director to function as department administrator and thereby relieve the City Planner from some of those duties and allow sufficient time to be devoted by the City Planner to the comprehensive plan update; or, contract with a consultant to perform the comprehensive plan update activity and allow the City Planner to handle the day-to-day administrative responsibilities and planning functions. All things considered, contracting with a consultant for completion of the necessary work by the applicable deadline is preferred, as it is not only less costly but will assure timely completion of the work. Hiring of an"interim" administrator does not assure that the City Planner will be able to avoid involvement in day-to-day activities (principally because an interim administrator will not be familiar with some of the day-to-day issues and will necessarily distract the City Planner anyway). B) Staff recommends Council authorize the consultant agreement as proposed, thus permitting the required work to be completed timely. 1o(a) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and BHC Consultants, a Washington Corporation hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide consulting services with respect to updating the City's Comprehensive Plan. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: I. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Outline of Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant and shall not be considered public records, provided, however,that: A. All final reports, presentations and testimony prepared by the Consultant shal I become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be as set forth as per the schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of$15,000. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3)years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Hold harmless agreement. In performing the work under this contract, Consultant agrees to protect, indemnify and save the City, its officials and employees ("City") harmless from and against any and all injury or damage to the City or its property, and also from and against all claims, demands, and cause of action of every kind and character arising directly or indirectly, or in any way incident to, in connection with, or arising from the negligent acts of the Consultant, its agent, employees, representatives or subcontractors in the performance of professional services under the terms hereof. Consultant specifically promises to indemnify the City against claims or suits brought under Title 51 RCW by its employees or subcontractors and waives any immunity that the Consultant may have under that title with respect to, but only to, the City. Consultant further agrees to fully indemnify City from and against any and all costs of defending any such claim or demand to the end that the City is held harmless therefrom. This paragraph shall not apply to damages or claims resulting from the sole negligence of the City. 6. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 7. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 8. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 9. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10)days in advance of the effective date of said termination. 10. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto as Exhibit A. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. it. Nom-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 12. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 13. Covenant against contineent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona tide employee working solely for the Consultant, to solicit or secure this contract; and that he has not paid or agreed to pay any company or person, other than a bona tide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,or contingent fee. 15. Notices. Notices to the City of Pasco shall be sent to the following address: CITY OF PASCO P. O.BOX 293 PASCO,WA 99301 Notices to the Consultant shall be sent to the following address: BHC Consultants 720 third Ave, Suite 1200 Seattle,WA 98104-1820 Receipt of any notice shall be deemed effective three(3)days after deposit of written notice in the U. S. mails, with proper postage and property addressed. DATED THIS DAY OF ,2007. CITY OF PASCO CONSULTANT: Gary Crutchfield, City Manager Roger K. Wagoner, Director of Community Planning ATTEST: City Clerk APPROVED AS TO FORM: City Attorney STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 2007 me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Exhibit A Outline of Services City of Pasco Comprehensive Plan Update Phase 2 Task 1- Pasco Comprehensive Plan Volume II Assessment • Review organization structure of Comp Plan Vol 11 Reorganize individual chapters as needed for compliance with GMA • Correct internal inconsistencies • Correct GMA inconsistencies • Correct lack of information supporting the policy framework of Vol I • Consult with Pasco Public Works and or Finance Office to clarify any outstanding concerns • Review other applicable data/information pertaining to housing, land use parks etc related to the supporting elements Schedule: Week of September 17, 2007 Budget: $7,000 Task 2- Draft Updates for Elements in Volume I of the Comp Plan • Prepare and draft introduction • Draft new supporting elements incorporating corrections identified in Task 1 for the following: Land Use Shoreline Management Critical Areas Resource Lands Open Space Housing Capital Facilities Utilities Transportation Economic Development Park & Recreation • Prepare a preliminary Volume I Draft for Staff review • Revise Volume II draft for Planning Commission Review Schedule: Week of September 17, 2007 Budget: $5,000 Task 3- Prepare Final Comprehensive Plan Draft • Prepare Draft Comprehensive Plan (Vol I & Vol II) for Council workshops Schedule: Week of October 22, 2007 Budget: $3,000 AGENDA REPORT NO. 17 FOR: City Council August 15, 2007 TO: Gary Crutch` i Manager Robert J. Alb its Works Director FROM: �ichael McShane, City Engineer Regular Mtg.: 08/20/07 SUBJECT: Award Street Sign Replacement—City Wide Project, # 06-3-07 1. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 08/20/07: MOTION: 1 move to award the low bid for the Street Sign Replacement— City Wide, # 06-3-07 to Stripe Rite in the amount of $173,742.00, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: City Street fund IV. HISTORY AND FACTS BRIEF: A) On August 15, 2007, staff received three bids for the Street Sign Replacement — City Wide Project, # 06-3-07 The low bid was received from Stripe Rite, in the total amount of$173,742.00. The second lowest bid received was in the amount of$185,945.00. The Engineer's Estimate for the project is $149,720.00. V. DISCUSSION: A) Federal guidelines require the replacement of substandard street name signs within the next few years. The majority of signs throughout the City are considered substandard with poor visibility as well as wood posts in need of replacement and upgraded to steel posts. Block numbers will also be added to some signs in order to aid in the navigation of the City. The budget for 2007 is $150,000 with another $150,000 budgeted in 2008. Staff is proposing to complete 60 percent of the anticipated area receiving new street name signs this year, allowing a reduction of next year's budget. Staff recommends award of this contract to Stripe Rite and $25,000 be added to the year end supplemental budget. io(b) Street Sign Replacement City Wide Project, # 06-3-07 BID SUMMARY Stripe Rite $173,742.00 Pavement Surface Control $185.945.00 Apply-A-Line $2931340.00 k \ A' 118 - 395 3 >S .. JI I 1 � 3 . .. IR w ��I 1 • � 1 j e�1 \ I K t a \\ �� AGENDA REPORT NO. 16 FOR: City Council August 15, 2007 TO: Gary Crut C y Manager Robert J. Alb rt , orks Director FROM: /V 0ichael McShane, City Engineer Regular Mtg.: 08/20/07 SUBJECT: Award 2007 Annual Overlay/ Street Reconstruction Project, # 07-3-02 1. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 08/20/07: MOTION: I move to award the low bid including Alternate A for the 2007 Annual Overlay Project, # 07-3-02 to Inland Asphalt in the amount of$447,476.75, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Street Overlay IV. HISTORY AND FACTS BRIEF: A) On August 14, 2007, staff received three bids for the 2007 Annual Overlay Project, # 07-3-02. The low bid was receive from Inland Asphalt, in the total amount of $447,476.75. The second lowest bid received was in the amount of $462,260.64. "hhe Engineer's Estimate for the project is $493,620.50. V. DISCUSSION: A) The scope of work for the 2007 Annual Overlay Project, # 07-3-02 includes approximately 4,236 tons of asphalt overlay. The four areas are highlighted on the vicinity map included. The budget for the 2007 Annual Overlay Project is $600,000. The goal is to pave as many streets possible within the budget. Where applicable, additional paving will be performed to meet the goals of the program. Staff recommends award of this contract to Inland Asphalt. 10(c) 2007 Street Reconstruction Project, # 07-3-02 BID SUMMARY Inland Asphalt $447,476.75 A&B Asphalt $4625260.64 Transtate $4835021 .25 200 ' STREET RECONSTRUCTION CITY OF PASCO, WASHINGTON UNDUY $ URe�N o �y BURDIM _J , ROAD 36 12 F 1 /} RD . -ij C*o m O m W e_ T g� wir on, m "A" STREET RD 34 AND HOP INS 1 PARTIAL VICINITY MAP SCALE: NONE (Al)Ow([. Nh: Ll CRON 0)`,b SCALE NA