HomeMy WebLinkAbout2008.11.03 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. November 3,2008
1. 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 October 20, 2008.
(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$1,194,694.17 ($70,869.05 in the form of Wire
Transfer Nos. 5077 and 5081 and, $1,123,825.12 consisting of Claim Warrants numbered
168526 through 168748).
2. To approve Payroll Claims in the amount of $1,786,890.69, Voucher Nos. 38840 through
38957; and EFT Deposit Nos. 30026111 through 30026627.
*(c) Right-of-Way Dedication for the Intersection of Oregon Avenue and "A" Street (MF
#INF008-120):
1. Agenda Report from David 1. McDonald, City Planner dated October 28, 2008.
2. Vicinity Map.
3. Right-of-Way Dedication Deed.
To accept the deed from James and Ellin Larimer for additional Right-of-Way at the northwest
corner of Oregon Avenue and"A"Street.
*(d) Right-of-Way Dedication for a Portion of Sandifur Parkway(MF#INF008-114):
1. Agenda Report from David I. McDonald, City Planner dated October 28,2008.
2. Vicinity Map.
3. Right-of-Way Dedication Deed.
To accept the deed from Kevin and Andrea Sell for a portion of the Sandifur Parkway Right-of-
Way.
*(e) Right-of-Way Dedication for a Portion of Sandifur Parkway (MF#INF008-106):
1. Agenda Report from David I.McDonald, City Planner dated October 28, 2008.
2. Vicinity Map.
3. Right-of-Way Dedication Deed.
To accept the deed from Richard and Margery Schmidt for a portion of the Sandifur Parkway
Right-of-Way.
*(f) Final Plat: Village at Pasco Heights,Phase 9(R.C. Olin) (IVIF#FP08-011):
1. Agenda Report from David 1. McDonald, City Planner dated October 28, 2008.
2. Final Plat (Council packets only; copy available in Planning Office, the Pasco Library, or on
the City's Webpage at www.nasco-wa.gov for public review).
3. Vicinity Map.
To approve the final plat for the Village at Pasco Heights, Phase 9.
*(g) Final Plat: Broadmoor Estates Phase 4 (New Tradition Homes)(MF#FP08-006):
1. Agenda Report from David I. McDonald, City Planner dated October 28,2008.
2. Final Plat (Council packets only; copy available in Planning Office, the Pasco Library, or on
the City's Webpage at www.nasco-wa.gov for public review).
3. Vicinity Map.
To approve the final plat for Broadmoor Estates Phase 4.
Regular Meeting 2 November 3,2008
(h) Resolution No. 3115, a Resolution concerning City Council Districts and fixing a date for a
public hearing.
1. Agenda Report from Gary Crutchfield,City Manager dated October 30, 2008.
2. Proposed Resolution.
To approve Resolution No. 3115, fixing 7:00 p.m., November 17, 2008 as the time and date for a
public hearing to discuss City Council District Boundaries.
(i) Resolution No. 3116, a Resolution accepting the inclusion of Wade Park in the Public Park and
Recreation Lease for Chiawana Park.
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
October 15, 2008.
2. Proposed Resolution.
3. Letter from Franklin County dated 10/1/08.
4. Letter to Franklin County dated 1118/06.
To approve Resolution No. 3116, accepting the inclusion of Wade Park in the City's lease for
Chiawana Park.
*(j) Resolution No. 3117, a Resolution fixing the time and date for a public hearing to consider the
vacation of a portion of the north/south alley in Block 10, Gatenbiens Addition.
1. Agenda Report from David I. McDonald, City Planner dated October 28, 2008.
2. Proposed Resolution and Vicinity Map.
To approve Resolution No. 3117, fixing 7:00 p.m., December 1, 2008 as the time and date for a
public hearing to consider the proposed vacation.
(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)
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
*(a) 2009 Property Tax Levy:
1. Agenda Report from Jim Chase,Finance Manager dated October 28,2008.
2. Tax Levy Rate History Chart.
3. Assessed Value History Chart.
4. Summary of Options.
5. Copy of Ordinance for the 2009 Ad Valorem Tax.
6. Copy of Ordinance Preserving Property Tax Levy Capacity.
CONDUCT A PUBLIC HEARING
Q*(b) Street Vacation: A Portion of Road 32 (MF VAC08-009):
1. Agenda Report from David I. McDonald, City Planner dated October 27, 2008.
2. Proposed Ordinance and Vicinity Map.
CONDUCT A PUBLIC HEARING
Ordinance No. ,an Ordinance vacating a portion of Road 32 south of Sylvester Street.
MOTION: I move to adopt Ordinance No. , vacating a portion of Road 32 and, further,
to authorize publication by summary only.
Regular Meeting 3 November 3,2008
Q*(c) Street Vacation: A Portion of Lindsay Avenue(hIF#VAC08-008):
1. Agenda Report from David I. McDonald,City Planner dated October 27,2008.
2. Proposed Ordinance and Vicinity Map.
3. Vicinity Map showing Vacation as set by Council Resolution.
CONDUCT A PUBLIC HEARING
Ordinance No. ,an Ordinance vacating a portion of Lindsay Avenue.
MOTION: I move to adopt Ordinance No. , vacating a portion of Lindsay Avenue and,
further, authorize publication by summary only.
*(d) Final Assessment Roll for Sewer ULID 143:
1. Agenda Report from Doyle L. Heath, Utility Engineer dated October 29, 2008.
2. LID Boundary Map.
3. Resolution.
CONDUCT A PUBLIC HEARING
Resolution No. ,a Resolution of the City of Pasco, Washington fixing a time and place
for a continued hearing on the final assessment roll for Utility Local Improvement District No.
143 and, directing that further published notice thereof be given in the manner required by law.
MOTION: I move to approve Resolution No. , fixing a time and place for a
continued (tearing on the final assessment roll for Utility Improvement District No. 143 and,
directing that further published notice thereof be given in the manner required by law.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
(a) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Chapter
14.10 "Qualification of Public Works Construction"of the Pasco Municipal Code.
1. Agenda Report from Robert J. Alberts,Public Works Director dated October 21, 2008.
2. Ordinance.
MOTION: I move to adopt Ordinance No. , establishing contractor prequalification
requirements and, further,authorize publication by summary only.
Q*(b) Ordinance No. , an Ordinance of the City of Pasco, Washington,amending the Zoning
Classification of Blocks 2 and 3 Frey's Addition, from C-3 (General Business) to R-3 (Medium
Density Residential).
1. Agenda Report from David I. McDonald, City Planner dated October 27,2008.
2. Proposed Rezone Ordinance.
3. Planning Commission Report.
4. Planning Commission Minutes dated 9/18/08 and 10116/08.
MOTION: I move to adopt Ordinance No. , granting a rezone for Blocks 2 and 3 Frey's
Addition from C-3 to R-3 with a concomitant agreement as recommended by the Planning
Commission and, further, authorize publication by summary only.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
*(a) Peanuts Park Restroom Remodel and Pavilion:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
October 29, 2008.
(RC) MOTION: I move to award the contract for the Peanuts Park Restroom Remodel and Pavilion
Project to the low bidder, Siefken and Sons Construction, in the amount of$59,713.00 including
sales tax.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
Regular Meeting 4 November 3,2008
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
MF# "Master File#...."
Q Quasi-Judicial Matter
REMINDERS:
1. 1:30 p.m., Monday, November 3, KGII — Emergency Medical Services Board Meeting.
(COUNCILMEMDI-R TOM LARSEN, Rep.; AL YENNEY, Alt.)
2. 12:00 p.m., Wednesday, November 5, 2601 N. Capitol Avenue — Franklin County Mosquito Control
District Board Meeting. (COUNCILMEMBER BOB I-IOFFMANN,Rep.; AL YENNEY,Alt.)
3. 4:00 p.m., Thursday, November 6, Three-Rivers Convention Center—Tri-Cities Visitor& Convention
Bureau's 39°i Annual Meeting and Tourism Showcase Reception. (MAYOR JOYCE OLSON,
COUNCILMEMBf:RS MIKE GARRISON and MATT WATKINS)
4. 5:30 p.m., Thursday, November 6, Parks & Rec. Classroom — Parks & Recreation Advisory Council
Meeting. (COUNCILMEMBER REBECCA FRANCIK,Rep.; MIKE GARRISON, Alt.)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL OCTOBER 20, 2008
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, Tom
Larsen, Joyce Olson, Matt Watkins and Al Yenney.
Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strobel, Administrative & Community Services Director; Rick White, Community &
Economic Development Director; Bob Alberts, Public Works Director; Michael
McShane, City Engineer and Denis Austin, Police Chief.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated October 6, 2008.
(b) Bills and Communications:
To approve General Claims in the amount of 51,100,644.17 ($85,543.49 in the form of
Wire Transfer Nos. 5070 and 5075 and, $1,015,100.68 consisting of Claim Warrants
numbered 168289 through 168525).
To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts,
miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking)
accounts receivable in the total amount of$164,876.13 and, of that amount, authorize
$137,083.63 be turned over for collection.
(c) Tourism Promotion Area:
To approve the 2009 operating budget for the Tourism Promotion Area in the total
amount of 5823,000.
(d) Inspection Services Contract Addendum with SAFEBUILT:
To adopt the contract addendum for inspection and plan review fees with SAFEBUILT,
Inc.
(e) Emergency Communications Consultant:
To approve the contract for consultant services for Emergency Communication
Consultant service and, further, authorize the Mayor to sign the agreement.
(f) Wagenaar Army Reserve Center:
To approve the Professional Services Agreement with Meier Enterprises, Inc., and,
further, authorize the City Manager to sign the agreement.
(g) WSDOT Local Agency Agreement, 1-182/Road 100 Interchange Loop Ramp:
To approve the Local Agency Agreement with WSDOT for the I-182/Road 100
Interchange Loop Ramp on a time and material basis not to exceed $1,779,006.00 and,
further, authorize the Mayor to sign the agreement.
(h) Resolution No. 3112, a Resolution accepting work performed by Watts
Construction, Inc., under contract for the Sewer UL1D No. 143, Project No. 06-1-08.
1 3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL OCTOBER 20, 2008
To approve Resolution No. 3112, accepting the work performed by Watts Construction
Inc., under contract for the Sewer ULID No. 143, Project No. 06-1-08.
(i) Resolution No.3113, a Resolution fixing the time and date for a public
hearing to consider the vacation of right-of-way adjacent Block 5, Gray's East
Riverside Addition.
To approve Resolution No. 3113, fixing 7:00 p.m., November 17, 2008 as the time and
date for a public hearing to consider the proposed vacation.
0) Resolution No. 3114, a Resolution accepting work performed by Rotscby,
Inc., under contract for the Road 84/Argent Sewer and Water Improvements,
Project No. 07-1-06.
To approve Resolution No. 3114, accepting the work performed by Rotschy, Inc., under
contract for the Road 84/Argent Sewer and Water Improvements, Project No. 07-1-06.
MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Larsen attended the Senior Services Advisory Committee meeting, the BF Council of
Governments meeting, and the Solid Waste Advisory Committee meeting.
Mr. Hoffmann commented on the General Fund Operating Statement through September
2008.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Ordinance No. 3881, an Ordinance of the City of Pasco, Washington, amending
Sections 2.48.140, 2.48.180 and Section 3.07.060 of the Pasco Municipal Code
regarding payments and fees for Cemetery goods and services.
MOTION: Mr. Watkins moved to adopt Ordinance No. 3 88 1, amending Sections
2.48.140, 2.48.180 and 3.07.060 of the Pasco Municipal Code regarding Cemetery
payment options and fees and, further, authorize publication by summary only. Mr.
Garrison seconded. Motion carried unanimously.
Ordinance No. 3882, an Ordinance of the City of Pasco, Washington, granting to
PacifiCorp, an Oregon Corporation doing business as Pacific Power and Light
Company, a non-exclusive franchise to construct, install, operate, and maintain an
electrical power transmission and distribution system in, on, over, upon, along, and
across certain designated public rights-of-way of the City of Pasco, Washington,
prescribing certain rights, duties, terms and conditions with respect thereto, and
establishing an effective date.
MOTION: Mr. Watkins moved to adopt Ordinance No. 3882, approving the Franchise
with PacifiCorp and, further, authorize publication by summary only. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
NEW BUSINESS:
Library Remodel and Temporary Closure:
Council and staff discussed the proposed addendum.
MOTION: Mr. Watkins moved to approve the First Addendum to the Library Services
Contract with the Mid-Columbia Library District for remodeling at the Pasco Library and,
further, authorize the City Manager to sign the document. Mr. Garrison seconded. Motion
carried unanimously.
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL OCTOBER 20,2008
Kurtzman Park Drainage Improvements, Project No. C2008512-1:
Council and staff discussed the proposed improvements.
MOTION: Mr. Watkins moved to award the contract for the base and alternate bids for
the Kurtzman Park Drainage Improvements Project, No. C2008512-1 to the low bidder,
Quality Baekhoe Services in the amount of$30,433.60, including sales tax. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
2008 Miscellaneous Traffic Signal Upgrades, Project No. 084-01:
Council and staff discussed the proposed upgrades.
MOTION: Mr. Watkins moved to award the low bid for the 2008 Miscellaneous Traffic
Signal Upgrades, Project No. 08-4-01 to Sierra Electric, Inc., in the amount of$96,956.00
and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded.
Motion carried by unanimous Roll Call vote.
MISCELLANEOUS DISCUSSION:
Mr. Yenney and Mr. Larsen inquired about the bad debt collection process.
Council concurred to begin the November 10'x' Workshop meeting at 6 p.m. for
presentation of the 2009 budget.
ADJOURNMENT:
There being no further business; the meeting was adjourned at 7:50 p.m.
APPROVED: ATTEST:
Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk
PASSED and APPROVED this 3`d day of November, 2008.
3
CITY OF PASCO
Council Meeting of:
November 3,2008
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We,the undersi do hereby certi under penally of perjury that the materials have been furnished, the
services rende ed o the labor�pc rm as described herein and that the claim is a just, due and unpaid
obligation aga t e city an w are authorized to authenticate and certify to said claim.
Gary Crutchfie , ity r James W. se, Finance Manager
We, the un rsigned 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 5077 and 5081 in the amount of$70,869.05,have been authorized; that Check No.s 168526 through
168748 are approved for payment in the amount of$1,123,825.12,for a combined total of$1,194,694.17 on this
3rd day of November, 2008.
Councilmember Councilmember
SUMMARY OF CLAIMSMIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 648.00
Judicial 31,877.58
Executive 1,278.63
Police 180,649.68
Fire 2,890.35
Administration&Community Services 60,868.35
Community Development 27,078.63
Engineering 5,715.14
Non-Departmental 33,150.78
Library 90,996.21
TOTAL GENERAL FUND: 435,153.35
STREET 65,862.25
C. D. BLOCK GRANT 122,515.14
KING COMMUNITY CENTER 113.99
AMBULANCE SERVICE 5,149.09
CEMETERY 1,491.15
ATHLETIC PROGRAMS 438.54
SENIOR CENTER 3,773.40
MULTI MODAL FACILITY 0.00
RIVERSHORE TRAIL& MARINA MAIN 1,068.25
LITTER CONTROL 0.00
REVOLVING ABATEMENT 343.00
CAPITAL IMPROVEMENT 12,285.00
TRAC DEVELOPMENT&OPERATING 12,500.00
STADIUMICONVENTION CENTER 7,511.43
SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00
METRO DRUG TASK FORCE 12,659.02
METRO DRUG FORFEITURE FUND 402.62
GENERAL CONSTRUCTION 0.00
WATERISEWER 288,608.49
EQUIPMENT RENTAL-OPERATING 27,131.82
EQUIPMENT RENTAL-REPLACEMENT 0.00
MEDICAL/DENTAL INSURANCE 104,723.92
TRI CITY ANIMAL CONTROL 42,386.92
FIRE PENSIONS 7,743.96
PAYROLL CLEARING 42,322.83
LID CONSTRUCTION 510.00
GRAND TOTAL ALL FUNDS: $ 1,194,694.17
3(b).1
CITY OF PASCO
Council Meeting of:
Payroll Approval November 3, 2008
The City Council
City of Pasco
Franklin County,Washington
The following is a summary of payroll claims against the City of Pasco for the month of
October 2008 iylh are prose d herewith for your review and approval.
Gary . Crulc y anager James W. Chas , Financial Services Manager
We the undersigned City Council members of the City Council of the City of Pasco, Franklin County,
Washington, do hereby certify that the services represented by the below expenditures have been received
and that payroll voucher No's. 38840 through 38957 and EFT deposit No's. 30026111 through 30026627
and City contributions in the aggregate amount of$1,786,890.69 are approved for payment on this
3rd day of November 2008.
Councilmember Councilmember
SUMMARY OF PAYROLL BY FUND
GENERAL FUND:
Legislative $ 6,760.00
Judicial 68,508 27
Executive 47,720 05
Police 532,274.67
Fire 258,070 43
Administrative&Community Services 255,570 08
Community Development 55,978 54
Engineering 72,222 98
TOTAL GENERAL FUND 1,297,105 02
CITY STREET 37,430 70
BLOCK GRANT 9,488.94
MARTIN LUTHER KING CENTER 5,28723
AMBULANCE SERVICE FUND 120,586.81
CEMETERY 11,622.29
ATHLETIC FUND 433.50
SENIOR CENTER 12,366.63
STADIUM OPERATIONS 0.00
MULTI-MODAL FACILITY 0.00
BOAT BASIN 85.99
REVOLVING ABATEMENT FUND 000
TASK FORCE 8,496.83
WATER/SEWER 260,026.45
EQUIPMENT RENTAL- OPERATING 23,960.30
GRAND TOTAL ALL FUNDS $ 1,786,890.69
Payroll Summary
Net Payroll 830,015 38
Employee Deductions 533,000.93
Gross Payroll 1,363,016 31
City of Pasco Contributions 423,874,38
Total Payroll $ 1,786,890.69
3(V)s2
AGENDA REPORT NO. 69
FOR: City Council October 28, 2008
TO: Gary Crutchfie t anager Regular Mtg.: 11/3/08
Rick White, Dii r / 1k(
Community & con is Development
FROM: David I. McDonald, City Planner
SUBJECT: Right-of-Way Dedication for the Intersection of Oregon Avenue and "A" Street
(MF#INF008-120)
1. REFERENCE(S):
1. Vicinity Map
2. Right-of-Way Dedication Deed
11. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS:
11/3 MOTION: 1 move to accept the deed from James and Ellin Larimer for
additional right-of-way at the northwest corner of Oregon
Avenue and "A" Street.
111. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A) The Engineering Department is in the process of redesigning the intersection of
Oregon Avenue and "A" Street. The Plans call for the relocation of a signal pole
and the widening of the northwest corner of the intersection.
B) The intersection improvements are needed to improve large truck movements
between Oregon Avenue and "A" Street.
C) The property owner impacted by the intersection improvements has signed a
dedication deed to provide the necessary right-of-way for the intersection
improvements.
3(c)
Vicinity Item: Right-of-Way Dedication
Map File
Applicant: James and Ellen Larimer N
#: INFO 08- 120
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After Recording,Return To:
City of Pasco, Washington
Attn: City Planner
525 North 3`d
Pasco, WA 99301
DEDICATION DEED
Tax Parcel No. 112-116-059
THE GRANTOR(S), James and Ellin Larimer, by donation pursuant to
RCW 35A.79.010, dedicates, conveys and quit claims to the GRANTEE, THE
CITY OF PASCO, a Municipal Corporation of the State of Washington, for the
public use, as a public right-of-way, all interest in the land described as follows:
Commencing at the southeast comer of Section 29 Township 9 Range 30 of
the Willamette Meridian;Thence N 89'1 5'39"W, 162.26 feet along the south
line of said section to the centerline intersection of Oregon avenue;Thence n
18°44'41"w,42.43 feet along the centerline of Oregon avenue to the northerly
right of way line of east a street;Thence n 89°15'39"w,42.43 feet along said
right of way line to the southeast corner of block 126 and the true point of
beginning;thence n 18°44'14"W,39.61 feet along westerly right of way line
of Oregon Ave to a point;Thence along the are of a 28.00 foot radius tangent
curve to the right, the long chord of which bears S 54'02'53" W, for a chord
distance of 45.68 feet, through a central angle of 109°29'02", for an arc
distance of 53.50 feet; to the northerly right of way of east a street; Thence s
890 15'39" E, 39.61 feet to the true point of beginning.
Containing area 359.95 square feet more or less.
DATED this�day of 12008.
Dedication Deed- I
Qwner(s) �
z-
STATE OF WASHINGTON )
ss.
County of L�tM )
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On this=day of DC�avj" 1 2008, before me,the dersigned,duly
commissioned and sworn,personally appeared t&A at- C-I 1q--N IA(*,Ht{o me known to be
the individual(s)described above and who executdd the within and foregoing instrument as an
agent of the owner(s)of record,and acknowledged to me that he/she/they signed the same as
his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned,and
on oath stated that he/she/they is/are authorized to execute the said instrument.
GIVEN under by hand and official seal this day of to-� ,
2008.
o�� 0 Ak 'o', t Name: I
S U T
A`sl�t�ITARY P IC in and for the State of Washington
4 - ` *biding at: IJJA-�' 16 L", 1ilw
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�eui`19 qff Commission Expires: H IR lbq
VV A�
Dedication Deed-2
AGENDA REPORT NO. 70
FOR: City Council October 28, 2008
TO: Gary Crutchfi Manager Regular Mtg.: 11/3/08
Rick White, Di ector "Zvc1
Community & conomic Development
FROM: David I. McDonald, City Planner
SUBJECT: Right-of-Way Dedication for a Portion of Sandifur Parkway (MF# INFO08-114)
I. REFERENCE(S):
1. Vicinity Map
2. Right-of-Way Dedication Deed
I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11/3: MOTION: I move to accept the deed from Kevin and Andrea Sell for a
portion of the Sandifur Parkway right-of-way.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A) That portion of Sandifur Parkway located between Road 52 and Road 60 is
lacking most of the right-of-way on the north side of the street. With the street
improvements that are taking place at the intersection of Sandifur Parkway and
Road 52, there is a need for additional right-of-way along the north side of
Sandifur Parkway.
B) Kevin and Andrea Sell have signed a dedication deed to provide 25 feet of right-
of-way on the north side of Sandifur Parkway. The north half of Sandifur
parkway will ultimately need to be 40 feet in width. The remaining 15 feet of
right-of-way will be obtained when the Sell property develops.
3(d)
Vicinity Item: Dedication - Part of Sandifur Pkwy
Map Applicant: Kevin and Andrea Sell N
File #: INFO 08- 114
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After Recording, Return To:
City of Pasco, Washington
Attn: City Planner
525 North 3d
Pasco, WA 99301
DEDICATION DEED
Tax Parcel No. 116-202-154
THE GRANTOR(S), Kevin E & Andrea K Sell, by donation pursuant to
RCW 35A.79.010, dedicates, conveys and quit claims to the GRANTEE, THE
CITY OF PASCO, a Municipal Corporation of the State of Washington, for the
public use,as a public right-of-way, all interest in the land described as follows:
The South 25 feet of the West 665 feet of the South half of the Southeast
quarter of the Northeast quarter of Section 10,Township 9 North,Range
29 East, Franklin County Washington; Except the one acre tract in the
north east corner thereof described as follows: The North 189.71 feet of
the West 219.21 feet of the East 884.21 feet of the South half of the
Southeast quarter of the Northeast quarter of Section 10, Township 9
North, Range 29 East, records of Franklin county, Washington
DATED this /3 day of��''�a 2008.
GRANTOR(S)
Owner(s)
't
*ELL
Q,• .��•PIRES ''y. �
y �p % i
STATE OF WASHINGTON ) =r _ / ��► ti,a
Dedication Deed- 1
1111111
: ss.
County of Franklin )
On this—1-1 day of ni 2008, before me,the undersigned,duly
commissioned and swom,personally appeared to me known to be
the individual(s)described above and who executed the within and foregoing instrument as an
agent of the owner(s)of record,and acknowledged to me that he/she/they signed the same as
his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned,and
on oath stated that he/she/they is/are authorized to execute the said instrument.
GIVEN under by hand icial seal this day of ,
2008. „
Print Name: T6 : w 4,L1
NOTARY PUBLIC in a fort State of Washington
\♦♦♦♦ PS•p:. .E... ,e��ii���� Residing at:
My Commission Expires:
;q ARY
PUB0 or o
��'i�qTf OF YIAS�;.�♦♦
Dedication Deed-2
AGENDA REPORT NO. 71
FOR: City Council October 28, 2008
TO: Gary Crutchfie Manager Regular Mtg.: 11/3/08
Rick White, Di cto 9V—/Community& conomic Development
FROM: David I. McDonald, City Planner
SUBJECT: Right-of-Way Dedication for a Portion of Sandifur Parkway (MF# INFO08-106)
I. REFERENCE(S):
1. Vicinity Map
2. Right-of-Way Dedication Deed
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
11/3: MOTION: I move to accept the deed from Richard and Margery Schmidt
for a portion of the Sandifur Parkway right-of-way.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A) That portion of Sandifur Parkway located between Road 52 and Road 60 is
lacking most of the right-of-way on the north side of the street. With the street
improvements that are taking place at the intersection of Sandifur Parkway and
Road 52 there is a need for additional right-of-way along the north side of
Sandifur Parkway.
B) Richard and Margery Schmidt have signed a dedication deed to provide 25 feet of
right-of-way on the north side of Sandifur Parkway. The north half of Sandifur
parkway will ultimately need to be 40 feet in width. The remaining 15 feet of
right-of-way will be obtained when the Schmidt property develops.
3(e)
• Item: Dedication - Part of Sandifur P�
Vicinity Applicant: Richard & Margery Schmidt N
Map File #: MO 08- 106
jO
�� I III -i � � • .Y((i��• � ` -' � 1 -~
�_ � Area _ �•y : _ � �,
_
s� t Ded i cated F Q
SAND IFUR PKWY
,JEFFERSON DR i �c
_ T-1i Cr.
NS N DR
After Recordine,Return To:
City of Pasco, Washington
Attn: City Planner
525 North 3rd
Pasco, WA 99301
DEDICATION DEED
Tax Parcel No. 116-201-093
THE GRANTOR(S),R J&Margery Schmidt,by donation pursuant to RC W
35A.79.010,dedicates,conveys and quit claims to the GRANTEE,THE CITY OF
PASCO,a Municipal Corporation of the State of Washington,for the public use,as a
public right-of-way, all interest in the land described as follows:
The South 25 feet of Lot 4, Short Plat 94-12
DATED this 4-�-day of 72008.
GRANTORS)
O er(s)
THO 4 %��
STATE OF WAS; GTON ) a'• '°
Ss.
sus �1C
County of Franklin ) �•'`•?0jo
On this day of C ,2008, before me,the undersigned,duly
commissioned and swom,personally appeared known to be
Dedication Deed- 1
the individual(s)described above and who executed the within and foregoing instrument as an
agent of the owner(s)of record,and acknowledged to me that he/she/they signed the same as
his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned,and
on oath stated that he/she/they islare authorized to execute the said instrument.
GIVEN under by hand and official seal this J ( day of
2008. �-
i
��»tttll►►U��� Print a , u: e (C
0MAS.4 ���ii NOTARY PUBLIC in and for the State of Washington
-I s' ��O�''% Residing at:
f Not 94�; % My Commission E ptres:
�y�'•yy BLIC �
0�•• 6.2ot0•••.•' • \\\�
00/1►111 I i 1GS00 0\\
Deed -2
AGENDA REPORT NO. 72
FOR: City Council October 28, 2008
TO: Gary Crutchfie Manager Regular Mtg.: 11!3/08
Rick White, Di or CZ%^(
Community & conomic Development
FROM: David I. McDonald, City Planner
Community & Economic Development
SUBJECT: FINAL PLAT: Village at Pasco Heights. Phase 9 (R.C. Olin) (MF# FP08-011)
I. REFERENCE(S):
1. Final Plat(Council Packets only-Copy available in Planning Office, the Pasco
Library, or on the City's web page at www.pasco-wa.gov for public review)
2. Vicinity Map
11. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS:
11/3: MOTION: t move to approve the final plat for the Village at Pasco
Heights, Phase 9.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A) The City Council previously approved a preliminary plat for the Village at Pasco
Heights. The Village at Pasco Heights is a single-family residential development
located east of Road 60 and north of Burden Boulevard.
B) The developer is now seeking final Flat approval for Phase 9.
V. DISCUSSION:
The developer has completed infrastructure improvements required by Pasco Municipal
Code.
The final plat contains information on primary control points, tract boundaries,
dimensions, bearings, lot numbers and other necessary engineering data. In addition, the
plat contains the required descriptions, dedications, acknowledgments, and approval
sections.
3(f)
• Item:• Villa e at Pasco Heights Ph 9
Vicinity Applicant: . C. Olin N
Map File #: FP 08-011
---- -_ -- ----- _.�--t•- SANDIFUR PKWY.... _ - -- -
,JEFFERSON DR -_ '
NSC N DR t
r_ OLI SITE
LAREDO QR
L � ZJ Z
CO - POLK CT
�.. r
P,l4MPLQNA DR
�,^ r WRIGLEY bR- f
Z
J J
LER CT BILBAO DR
U M„ NLEY CT,._
• J 'I ' a l_.I�I.. LU .Ly /"►
AGENDA REPORT NO. 74
FOR: City Council October 28, 2008
TO: Gary Crutchfie Manager Regular Mtg.: 11/3/08
Rick White, Di ecto
Community & conomic Development
FROM: David I. McDonald, City Planner
Community & Economic Development
SUBJECT: FINAL PLAT: Broadmoor Estates Phase 4 (New Tradition Homes) (MF# FP08-
006)
I. REFERENCE(S):
1. Final Plat (Council Packets only-Copy available in Planning Office, the Pasco
Library, or on the City's web page at www.pasco-wa.gov for public review)
2. Vicinity Map
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11/3: MOTION: I move to approve the final plat for Broadmoor Estates Phase 4
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A) The City Council previously approved a preliminary plat for the Broadmoor
Estates development. Broadmoor Estates is a single-family residential
development located north of Sandifur Parkway between Broadmoor Boulevard
and Road 90.
B) The developer is now seeking final plat approval for Phase 4.
V. DISCUSSION:
Prior to the approval of a final plat, the developer is to either install all infrastructures or
post a bond or other instrument that secures the financing for the improvements. In this
case, the developer has completed most of the improvements and has provided the City
with a bond in an amount sufficient ($20,060) to cover the costs of the outstanding
improvements.
The final plat contains information on primary control points, tract boundaries,
dimensions, bearings, lot numbers and other necessary engineering data. In addition, the
plat contains the required descriptions, dedications, acknowledgments, and approval
sections.
3(g)
Item:Vicin'ty A Broadmoor Est • - Phase 4
plicant-, - Imes Development 0;
Map File . ' 1 : 11 •
. ■�,�,� � � �!�► `i►�i1�1,��„�#fix . r 111 WI11�1111)
1�E � � 11111111 -
- -------
POR
.. T
Y ' AUK -
AGENDA REPORT
TO: City Council October 30, 2008
FROM: Gary Crutch it anagcr Regular Mtg.: 11/03/08
SUBJECT: City Council 4Dstricts
I. REFERENCE(S):
1. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
11/03 MOTION: I move to approve Resolution No. 311 , fixing 7:00 p.m.,
November 17, 2008 as the time and date for a public hearing to discuss
City Council District Boundaries.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) PMC Chapter 1.10 provides that five of the seven City Council positions be filled by
citizens residing in the respective district. The Ordinance was established in 1971 in
an effort to assure geographic representation and, in particular, to assure an opportunity
for ethnic representation on the City Council. As a precaution (to assure "equal
representation", as required under the constitution), the Ordinance further requires that
no district may be more than 10% greater or smaller than another district("10%rule").
B) Given ordinary community growth rates, City Council districts were revised once every
10 years, following the decennial federal census. With the rapid growth of Pasco over
the past eight years, however, the district boundaries have required adjustment every
two years in order to comply with the "10% rule." The last effort (2007) illustrated
that the ability to comply with the 10% rule with five districts is becoming so difficult
as to be improbable without starting over entirely (the existing composition of districts
is so bound by precincts and current Council residency, that it becomes improbable to
define an effective change without displacing a current City Councilmember).
C) The City Council has discussed this subject at its September 8 and 22 workshop
meetings as well as October 10, including review of three options for a five-district
system and three options for a three-district system. At the conclusion of the October
27 discussion, Council tentatively selected five-district Option B as a proposed
amendment for public hearing on November 17.
V. DISCUSSION:
A) The proposed resolution declares the Council's proposed amendment of the districts
and fixes November 17 as the public hearing date.
3(h)
RESOLUTION NO. 3 ) 15
A RESOLUTION concerning City Council Districts and fixing a date for
a public hearing.
WHEREAS, the City Council is composed of seven members, five of which are
nominated by separate geographic areas within the city, called Districts; and
WHEREAS, the five City Council districts are required by law to be of similar size, as
measured by population, and no district may be more than 10% greater or smaller than another
district; and
WHEREAS, the residential growth in the city over the past two years has resulted in a
variation greater than 10% between district population; and
WHEREAS, the City Council finds it necessary and appropriate to consider adjustment
of the City Council district boundaries well in advance of the next municipal election cycle,
which cycle commences June 2009;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO RESOLVE AS FOLLOWS.
Section 1. That the City Council, after considerable analysis, has tentatively selected the
proposed Council district map titled Option B and attached hereto as Exhibit A to adjust the
current City Council districts.
Section 2. That the City Council will conduct a public hearing at 7:00 p.m., Monday,
November 17 at the Council Chambers at City Hall to consider any public input, in support of or
opposition to, the proposed City Council district map. The City Council will not take final action
on a new City Council district map prior to December 1, 2008
PASSED by the City Council of the City of Pasco at a regular meeting this 3rd day of
November 2008.
Joyce Olson, Mayor
ATTEST:
Sandy Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
39 364 35 39
86, 889 7173 537
44
a7 41 606
i2?2 877
40
42 1139
36 887
37 1515
3306 45
562 4 48
879 47
31 43 568
678 35 1220
1881 46
670 49
29 413 50
30 3826
195
e
52 480
247
5
1 � 454
902 1235 )7
1310
2e 424 6
471 ' 2185
Proposed Modification 27
,S
412 [2,.0 t>I 40. 12 11 5
247 2686 2044 2
291 V31 1859
18 17 16
15!
247 173 2
2395
969 75
1231 3
14T
j
1
Proposed Districts 1837
City of Pasco Council District M
Option "B"
District 3
�tt,�, 2008 Estimated Population
D Cr
by Precinct
District 5
AGENDA REPORT
FOR: City Council October 15, 2008
TO: Gary Crutchfie ,l anager
FROM: Stan Strebel, A mini trkfive and Community Workshop Mtg.: 10/27/08
Services Director Regular Mtg.: 11/3/08
SUBJECT: Assumption of Wade Park Lease
1. REFERENCE(S):
I. Proposed Resolution
2. Letter from Franklin County 10-1-08
3. Letter to Franklin County 1-18-06
I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
10127: Discussion
1113: Motion: I move to approve Resolution No. �� Accepting the
inclusion of Wade Park in the City's lease for Chiawana Park.
III. FISCAL IMPACT:
Minimal—the City already maintains Wade Park.
1V. HISTORY AND FACTS BRIEF:
A) In 2004, Franklin County began the process of relinquishing its U.S. Army Corps
of Engineers leases for Columbia River shoreline property, including Chiawana
Park and Wade Park. While the City has since signed a new lease with USACE
for Chiawana Park, due to the ongoing grant-funded project for the Road 54 Boat
Launch at Wade Park, the County agreed to continue its lease until the project was
completed and the City agreed to assume the lease at that time.
B) The boat launch has been completed this year and the County is formally
requesting that the City assume the lease.
C) As the City has been maintaining Wade Park for several years (under an
agreement with the County) assumption of responsibility for the property under
the existing Chiawana Park lease will have little financial effect on the City
budget. The City will assume first line management and reporting responsibility
as a result of the transfer.
3(i)
RESOLUTION NO.
A RESOLUTION Accepting the Inclusion of Wade Park in the Public Park and Recreation
Lease for Chiawana Park.
WHEREAS, Franklin County is the holder of Department of the Army Public Park and
Recreation Lease No. W912EF-I-04-12 which includes Wade Park in Pasco; and
WHEREAS, Franklin County has previously relinquished other properties previously included
in said lease to the Army; and
WHEREAS, the City of Pasco has previously agreed to lease said relinquished properties and is
willing to now accept transfer of Wade Park to its current lease for Public Park and Recreation lands;
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
SECTION 1: That the City hereby agrees to accept the inclusion of Wade Park (property leased
under Lease No. W912EF-1-04-12, McNary Project to Franklin County, Washington) for inclusion with
its Lease No. W912EF-1-08-07, Chiawana Park per attachment "A".
SECTION 2: That the Mayor and City Manager are hereby authorized to execute all documents
necessary to effect the transfer.
PASSED by the City Council of the City of Pasco this day of 2008.
Joyce Olson, Mayor
ATTEST:
Sandy Kenworthy, Deputy City Clerk
APPROVED AS TO FORM:
Lee Kerr, City Attorney
,r .` ar •- � • '� �, WSJ � :�, ,::.:,•� , '+- _ ,�.-- �� �
Wo
ir
�•�K�1 .N ,-- - „ r.•�J. MS. _ .� Y ��3�• '- �' ''�`a tr:�• I �" 3� , r� �1 •►'0.
lei- •~J ' , ' tf ': —.9w �w, ♦ �t�tI— � 'r. ••� `�� _� ,� �• ` i -J�• _ y� '~�
YR.' ✓:.: i /i
'ji ' 1 i'..i. i '�'! - �. .ice
:r t. tf=Si=�il=i:;�'tt�tj�;;;. , �''ij� ! � J !�.�L � � , �I.� �.... _.' �•�,• •� >�7'•� :j,,
-�� __ CITY OF
• ' PASCO
CITY PROPOSED PARK LEASE
� JL1i\tL0
FPt.ANKLiN COUNTY
BOARD OF COMMISSIONERS
NEVA J.CORKRUNI ROBERT E.LOCH RICK MILLER
DISTRICT 1 DISTRICT 2 DISTRICT 3
Fred H. Bowen Patricia L.Shults Rosie H. Rumsey PAS R
County Administrator Executive Secretary Human Resources Director �EIED qL�
2005
C"ry MANAGE
R
October 1, 2008 OFFICE S
Mr. Gary Crutchfield. City Manager
City of Pasco
525 North 3'd Avenue
Pasco, WA 99301
Re: Relinquishment of Remainder, Franklin County, WA, Department of the Army
Public Park and Recreation Lease No. W912EF-1-04-12, McNary Project
Dear Gary:
Enclosed please find a copy of correspondence from Paul Shampine, Realty Specialist,
Department of the Army, same subject.
We respectfully request the City's acceptance of the transfer for leasing Wade Park, Lease
Number W912EF-1-04-12.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, WASHINGTON
aevo�l,
Robert E. Koch, Chairman
Rick M' , Chairman Pro Tern
XNeva J. Cork , Mem er
i�h cc: Public Works
Paul Shampine
1016 North 0 Avenue,Pasco,Washington 99301-37061 Phone(509)545-3535 1 Fax(509)545-3573 1 web site www.co.franklin.wa.us
DEPARTMENT OF THE ARMY
"R WALLA WALLA DISTRICT, CORPS OF ENGINEERS
Fn THIRD AVENUE
WALLA WALLA WA 99362-1876
CJ'✓y�"�G,�eO
REPLY TO O�'•1
\_.
. - - ATTENTION OF
September 22, 2008
Real Estate Division
Subject: Relinquishment of Remainder, Franklin County, WA, Department of the Army
Public Park and Recreation Lease No. VV912EF-1-04-12, McNary Project
Board of County Commissioners
Franklin County Courthouse
1016 N. 4'" Avenue
Pasco, WA 99301
Dear Commissioners:
On September 16, 2008, we received a copy of the September 9, 2007, Franklin
County Public Works Department letter to Apollo, Inc., acknowledging the completion of
the Erwen Trust Boating Access Project at Road 54 in Pasco, WA. We assume that the
letter should have been dated September 9, 2008. Please see enclosure 1. The
January 23, 2006, letter from the Board of County Commissioners (the Board) to
Mr. Richard Carlton, Chief, Real Estate Division, states that "Upon completion (of the
project), said lease will be transferred to the City of Pasco." Please see enclosure 2.
If the Board of County Commissioners wishes to follow through with the referenced
formal transfer, a letter stating the Board's intent should be submitted to the City of
Pasco (the City) requesting the City's acceptance of the transfer. The City should be
asked to provide us with a copy of their acceptance of the transfer as well as a copy of
the Board's letter. The City's letter should be addressed to Jana L. Brinlee, Chief, Real
Estate Division, 201 North Third Avenue, Walla Walla, Washington 99362-1876.
If you have any questions. please call me at 509-527-7324. 1 can also be contacted
by e-mail at Paul.S.Shampine @usace.army.mil.
Sincerely,
1A
Paul Shampine
Realty Specialist
Enclosures
Neva J. Corkrum Fred H. Bowen
District 1 County Adniinistrator
"F`� Rosie H. Rumse
Robert E. Koch - -- " " Y
District 2 % t ' { : ' Human Resources Director
Frank H. Brock ,� j - `" { `�. Patricia L. Shults
• ' saar ,rr.
District 3 (; Executive Secretary
Board of County Commissioners
FRANKLIN COUNTY
+nr�a
ived
January 23, 2006 °f Real Estate
M&0
U.S. Army Corps of Engineer
Walla Walla District P&C
201 North Third Ave. Property
Walla Walla, WA 99362-1876
Attn: Richard Carlton
Chief,Real Estate Division
Subject: Lease No. W912EF-1-04-12
Extension of Wade Park Lease
Dear Mr. Carlton:
We were recently informed that we were successful in receiving a Washington Interagency
Committee for Outdoor(IAC) Recreation grant funding for boat launch improvements at
Road 54, located in Wade Park. We must have a current lease in order for us to exercise an
agreement with IAC.
The City of Pasco has agreed to commit resources to maintain Wade Park for us until the
improvements are completed. Upon completion, said lease will be transferred to the City of
Pasco.
Our letter dated September 1, 2004 gave formal notice to relinquish Lease No. W912EF-1-04-12
effective September 1, 2005 and was extended for Chiawana and Wade Park to December 31,
2005 by letter dated July 25, 2005.
Therefore, please consider this our formal request to continue leasing the Wade Park area under
Lease No. W912EF-1-04-12 until such time as the Road 54 Boat Launch is completed.
1016 North Fourth Avenue, Pasco, Washington 99301 - Phone(509)545-3535 - Fax(509) 545-3573—web site www.co.rrankhn.wa.us
U.S. Army Corps of Engineer
January 23,2006
Page Two
Enclosed is a map of the area.
Also enclosed is a copy of a letter of agreement signed by the City of Pasco and the Franklin
County Commissioners.
We look forward to hearing from you in regards to this issue.
Please feel free to contact Tim Fife, 3416 Stearman Avenue, Pasco, WAS 99301, (509) 545-3514
should you have any questions.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
FRA IN COL-NT Y, WA SII GTON
4OF;�
a J. Corkru hair
Ro ert E.Koch, Chair Pro Tern
ABSENT
Frank H. Brock, Member
cc: Engineer Tim Fife
Prosecutor Steve Lowe
Chief Civil Deputy Prosecutor Ryan Verhulp
File/LB
CITY MANAGER (509) 545-3404 1 Fax (509) 545-3403
Jim P.O.Box 293 (525 North 3rd Avenue) Pasco,Washington 9)301
January 18, 2006
Franklin County Commissioners
1016 N. 4w
Pasco WA 99301
Re: Road 54 Boat Launch/Wade Park Lease
Dear Commissioners:
We recently reviewed (with Corps of Engineers real estate personnel and Tim Fife, County
Engineer) the dilemma created by the County's termination of its lease with the Army for
rivershore properties and the requirements of the Washington Interagency Committee for
Outdoor Recreation (IAC) regarding funding for the Road 54 boat launch.
In the interest of demonstrating acceptable control of the boat launch project property by
February 15, 2006 (as required by the IAC grant), Corps personnel advised that it would be
simpler at this point in time for the County to withdraw its lease termination for the subject
property than to have the lease assumed by the City. Therefore, in the interest of fulfilling the
grant requirements for the project, the City and County have agreed as follows:
• The County will withdraw its notice to terminate the lease with the Corps of Engineers
for the Wade Park area (Road 39 to Road 54), including the site of the boat launch, until
the boat launch project is completed. The County will continue to manage the IAC grant
and the improvement project through completion. The County will continue to provide
general management of the park and the bike/pedestrian trail on the property until the
project is completed.
• The City agrees to assume the lease responsibility for Wade Park, including the new boat
launch, upon completion of the improvement project. The City will continue to maintain
the turf and the irrigation system on the property until it assumes the lease. In addition,
the City will also assume responsibility for the payment of electric costs (pumping),
garbage collection and portable toilets for the park area beginning in 2006.
• Upon completion of the boat launch project the County will initiate transfer of the Erwen
property (which was purchased with IAC funding) to the City to manage and continue
development in conformance with the conditions of the purchase grant.
Franklin County Commissioners
January 18, 2006
RE: Road 54 Boat Launch/Wade Park Lease
Page 2
The City appreciates the cooperative spirit that has allowed this project to move forward as we
maximize our efforts to serve the citizens and provide new facilities for their use. Please sign
below indicating the County's agreement to this understanding.
Sinc ,
ch Id
d ity Manager
GC/SS/tlz
Franklin County Commissioners:
ABSEN �riri
Frank Brock,Ghvir^ Neva C rkrum Robert Koch
AGENDA REPORT NO. 73
FOR: City Council October 28, 2008
TO: Gary Crutchfiel Manager Regular Mtg.: 11/03/08
Rick White, Dir
Community& E onomic Development
FROM: David I. McDonald, City Planner
SUBJECT: ALLEY VACATION: A portion of the North/South Alley in Block 10
Gantenbiens Addition (MF#VAC08-011)
1. RE,FERENCE(S):
1. Proposed Resolution and Vicinity Map
11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11/3: MOTION: I move to approve Resolution No. 1 , fixing 7:00 p.m.,
December 1, 2008 as the time and date for a public hearing to
consider the proposed vacation.
Ill. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A) The City acquired four parcels of land on South 5"' Avenue as a part of the
Ainsworth Avenue rail overpass construction project. Three of these parcels are
vacant and available for development. The City is pursuing development of these
three parcels through the HOME program. An unimproved dead end alley extends
into a portion of these parcels. Vacating the part of the alley in question will
enhance the opportunity to develop the parcels consistent with the surrounding
neighborhood.
B) The City Council can initiate a vacation by accepting a vacation petition or by
adopting a resolution fixing a date for a public hearing. Staff is recommending the
City Council adopt the attached resolution fixing a time and date for a hearing The
earliest regular City Council meeting available for a public hearing, which provides
the statutory 20-day hearing notice, is December 1, 2008.
3(j)
RESOLUTION NO. 311
A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO
CONSIDER THE VACATION OF A PORTION OF THE NORTH/SOUTH ALLEY IN
BLOCK 10, GANTENBIENS ADDITION.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate rights-of-way; and
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That a public hearing to consider vacating all of that portion of the north/south alley in
Block 10, Gantenbiens Addition between the south line of Lot 8, to the north line of Lot 5, in
said Block 10 will be held before the City Council of the City of Pasco in the Council Chambers
at, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on December 1, 2008.
That the City Clerk of the City of Pasco give notice of said public hearing as required by law.
PASSED by the City Council of the City of Pasco this day of , 2008.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
• Item: Alley Vacation - Gantenbien's Add.
Vicinity Applicant: City of Pasco N
Map File #: VAC 08-011
„C„ ST _
a
J yyy 1
w 1
� Area
. - to be
Vacated
loom
•� �.
PHq
39 '�
AGENDA REPORT
FOR: City Council DATE: 10/28/08
REGULAR: 11/03/08
TO: Gary Crutchfiel y anger REGULAR: 11/17/08
Stan Strebel, A istrative & Conununity Services Director
FROM: Jim ha mance Manager
SUBJECT: 2009 Property Tax Levy
I. REFERENCE(S):
1. Tax Levy Rate History Chart
2. Assessed Value History Chart
3. Summary of Options
4. Copy of Ordinance for the 2009 Ad Valorem Tax
5. Copy of Ordinance Preserving Property Tax Levy Capacity
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11/03/07 Discussion and Public Hearing
11/17/07 Motion: I move to adopt Ordinance No ,providing for the 2009 Ad
Valorem Tax Levy, a levy for the 1999 Unlimited Tax General Obligation
Bonds and the 2002 Unlimited Tax General Obligation Refunding Bonds.
Motion: I move to adopt Ordinance No. , preserving property tax levy
capacity for fiscal years after 2009 in accordance with state law.
III. HISTORY AND FACTS BRIEF:
The maximum allowed levy rate,per state statute, that the City of Pasco can levy per$1,000 of
assessed value is $3.60. The last time Pasco's levy rate was near that number was in 1994.
From 1994 to 1999 the levy rate was reduced by not levying any of the allowable 6% increase
available at that time.
In November 1999, the legislature reduced the Motor Vehicle Excise Tax (MVET) to $30 per
vehicle. To compensate for the loss of future MVET revenues, Council elected to use most of
unused, preserved, levy capacity. The levy rate for 2000 taxes was set at $3.07 per $1,000 of
assessed value, still well below the $3.60 maximum.
In 2001 the voters approved Initiative 747, limiting the amount taxing districts can raise the
property tax levy over the previous year by the lesser of 1% or the Implicit Price Deflator (IPD),
without a vote of the people. That initiative was challenged and ruled unconstitutional in the
Washington State Supreme Court in November 2007. We were suddenly back to the limit being
the lesser of 6% or IPD.
Council chose not to increase 2008 property taxes by any allowable legal limit.
The legislature placed the I% limit (suggested by 1-747) into law in January 2008.
The IPD figure to be used for the 2009 tax calculation is 4.527%. Since the IPD, a national
inflation indicator, is greater than I%, the additional amount that property taxes can be raised,
not including new construction, annexations and increases in the state utilities assessment, is
limited to 1%.
The preliminary budget document has been prepared without including any of the allowable
percentage increase. That calculation is shown in Option 1, below. Another option available is
to include the I% increase. That increase is shown in Option 2. Option 3 shows the maximum
amount the city could set property taxes at if Council chose to levy the 1% and levy all prior
property tax that was preserved for future use.
7(a)
Pasco has enjoyed the effects of continued growth within the city limits. A steady revenue
stream has helped to keep property taxes at an affordable level.
The property tax levy for 2009 will he comprised of the following three elements:
1. General Property Tax Levy.
2. 1999 Unlimited Tax General Obligation Fire Station/Library Bonds Debt Service.
3. 2002 Unlimited Tax General Obligation Refunding(1993) Bonds Debt Service.
The City is required to certify property tax levies with the county by November 30 of each year.
IV. DISCUSSION:
The Franklin County Assessor has provided an estimated assessed valuation of S2,864,227,507
which is used to calculate 2009 taxes. This amount includes new construction of$100,690,500.
There were no annexations of property before the cutoff date of March 31". There were also no
increases in the State Assessed Utility values. The Franklin County Assessor's Office re-
assessed property values for those properties lying westerly of 20'x' Avenue within City limits this
year, for 2009 taxes.
The County Assessor's Office, from now on, will assess all properties within city limits each year
instead of once every 4 years as has been done in the past.
GENERAL PROPERTY TAX LEVY
The 2009 Preliminary Budget has been prepared without the 1% growth allowance but does
include the tax from new construction. The number used in the preliminary budget is
$5,725,000.
The Council has various options to setting the 2009 General Property Tax Levy. Following are
several options as mentioned above.
Option I:
This option does NOT include any of the allowable 1% increase but adds the value of new
construction, new annexations and any increases in State Assessed Utility values at last year's
rate and adding those numbers to last year's total levy.
2008 Total General Property Tax Levy $5,513,967
1.00% increase in the levy rate based on the allowable
maximum levy 0
New Construction Values of$100,690,500
at the 2008 rate of$2.2205/$1,000 Assessed Value 223,587
New Annexation Values ofSO
at the 2008 rate of$2.2205/$1,000 Assessed Value 0
Increase in the State Assessed Utilities of$0
at the 2008 rate of$2.2205/$1,000 Assessed Value 0
$5,737,554
A 2008 General Levy of$5,737,354 using the assessed value of$2,864,227,507 calculates to a
levy rate of$2.0032 per S1,000 of assessed value. The 2009 levy rate would be 22 cents less
than the 2008 rate of$2.2205. This option was used in setting the 2008 levy.
Option 2:
By including the allowable 1% increase (the lesser of 1% or IPD), which calculates to be
$61,823, and including the tax resulting from new construction, the actual levy rate for 2009
would be $2.0248 per $1,000 of assessed value. Using this option the 2009 General Property
Tax Levy would be $5,799,377.
Option 3:
If the City were to levy all of the tax available in Option 2 and also choose to levy all the
preserved levy capacity, the General Levy would increase to $6,467,668. The levy rate would
calculate to $2.2581, still well below the maximum rate allowed per state statute (53.60).
Selecting this option would need a superrnajority vote of the Council, or affirmative votes
totaling at least 5.
PRESERVING FUTURE LEVY CAPACITY
Preserved levy capacity, also referred to as "banked" levy capacity, is NOT money that has been
put into a bank account. It is merely dollars that have not been levied and, therefore, left in the
pockets of the taxpayers. The purpose of RCW 84.55.092 allowing a governmental entity to
preserve future levy capacity is to "remove the incentive for a taxing district to maintain its tax
levy at the maximum level pennitted under this chapter, and to protect the future levy capacity of
a taxing district that reduces its tax levy below the level that it otherwise could impose under this
chapter, by removing the adverse consequences to future levy capacities resulting from such levy
reductions." This simply means if the tax is not needed, a City does not have to set the levy at
the maximum amount. The City can reserve that resource for future use. Preserving any unused
levy capacity also requires a supermajority vote.
1999 UNLIMITED TAX GENERAL OBLIGATION BOND DEBT SERVICE
The 2009 debt service requirement for the 1999 UTGO Bonds issued for the purpose of the
Library Remodel and Fire Station Relocation is $68,051 and $86,199, respectively. Staff
recommends the 1999 Unlimited Tax General Obligation Bond tax levy be set at those amounts.
The two numbers are not combined because they appeared on the official ballot separately when
voted upon. The county assessor's office requires we set these levies separately. The assessed
value for properties subject to the tax is $2,509,637,637; this will result in levy rates of$0.0271
and $0.0343, respectively, or a combined levy rate of$0.0614. The 2008 levy rates were $0.0331
and $0.0419, respectively, or S0.0750 combined. The schedule of payments calls for principal
payments of $100,000 each year. This will result in decreased levy rates for the remaining
payment schedule as the interest portion declines. The filial payment for these bonds occurs in
December 2019.
2002 UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS
The 2002 Unlimited Tax General Obligation Refunding Bonds were issued to refund the 1993
General Obligation Bonds to take advantage of lower interest rates available and save the
taxpayer's money. The debt service requirements in 2009 for the 2002 UTGO Refunding Bonds
is $381,025 and staff recommends the 2002 Unlimited General Obligation Refunding Bonds tax
levy rate be set at that dollar amount. The assessed value for properties subject to the tax is
$2,256,809,256. This equates to a levy rate of$0.1688 per$1,000 of assessed value. This is
down from the 2008 levy rate of$0.1934. Unlike the 1999 Bonds, the principal payment
amounts will increase over the remaining life of these bonds but the interest portion will decrease
keeping the annual payments at approximately$380,000. The final payment for these bonds
occurs in December 2013.
PASCO PROPERTY TAX LEVY RATE HISTORY
(GENERAL FUND PORTION)
PER $1 ,000 OF ASSESSED VALUE
$3.2000 _
$3.0634
$3.0000
$2.8000 -- _ -
$2.6000 -
$2.4000
$2.2000
$2.0000 -
$2.0032
$1 .8000
$1 .6000
2002 2003 2004 2005 2006 2007 2008 2009
PASCO ASSESSED VALUE HISTORY
$3.5
$3.0 ESTIMATED VALUE
I
i
N $2.5
o_
m $2.0 - -
$1 .5 -
1
i
$1 .0
$0.5
$0.0 -
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
2009 SUMMARY OF OPTIONS
A.V. $ 2,864,227,507
OPTION 1:
2008 Total General Property Tax Levy $ 55-513,967
Increase in the levy rate based on the allowable maximum levy 0
New Construction Values of$100,690,500
at the 2008 rate of$2.2205/$1,000 Assessed Value 223,587
Annexation Values of$0 0
Increase in the State Assessed Utilities of$0
at the 2008 rate of$2.2205/$1,000 Assessed Value -
Levy rate of$2.0032 per $1,000 of assessed value $ 5,737,554
OPTION 2: (Allowable increase of the lesser of 1% or IPD of 4.527%)
Include the 1% allowable increase $ 61,823
Levy rate of$2.0248 per $1,000 of assessed value $ 5,799,377
OPTION 3: (Allowable increase at I%, not IPD (4.527%))
Levy all remaining available capacity $ 668,291
Levy rate of$2.2581 per $1,000 of assessed value $ 6,467,668
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE 2009 AD VALOREM TAX LEVY, A LEVY
FOR THE 1999 UNLIMITED TAX GENERAL OBLIGATION BONDS AND A LEVY
FOR TIIE 2002 UNLIMITED GENERAL OBLIGATION REFUNDING BONDS IN THE
CITY OF PASCO IN ACCORDANCE WITH STATE LAW.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN
AS FOLLOWS:
§1. The City Council of the City of Pasco has met and considered its budget for the
calendar year 2009;
§2. The City Council of the City of Pasco after public hearing and after duly considering
all relevant evidence and testimony presented, determined that the City of Pasco requires a
regular levy in the amount of $5,737,554, which does NOT include any of the allowable
percentage increase in property tax revenues from the previous year, and does include amounts
resulting from the addition of new construction and improvements to property and any increases
in the value of state-assessed property, and amounts authorized by law as a result of any
annexations that have occurred and refunds made, in order to discharge the expected expenses
and obligations of the district.
RCW 84.55.120 requires a specific statement regarding the amount of any increase in
regular property tax from the previous year. The actual general levy amount from the previous
year (2008) was $5,513,967. The City Council of the City of Pasco hereby authorizes the
following increase in the regular property tax levy to be collected in the 2009 tax year. The
dollar amount of the increase over the actual levy amount from the previous year shall be $0
(ZERO) which is a percentage INCREASE of 0% (ZERO PERCENT) from the previous year.
This increase is exclusive of additional revenue resulting from the addition of new construction
and improvements to property and any increase in the value of state assessed property, and any
additional amounts resulting from any annexations that have occurred and refunds made.
The property tax from new construction to be included in the actual levy is calculated to be
$223,587. This number is the result of the amount of new construction and improvements to
property of$100,690,500, provided by the Franklin County Assessor's Office, multiplied by the
2008 levy rate of$2.2205 per $1,000 of that value. There was a no additional increase in the
value of state assessed property. There was no additional amounts resulting from any annexations
that have occurred or refunds made.
§3. A tax for the following sums of money which includes new construction and
annexations to defray the expense and liabilities of the City of Pasco be and the same is hereby
levied for the purposes specified against all taxable property in the City for the fiscal year 2009:
General Expense, including Councilmanic Bond Debt Service S5,737,554
1999 Unlimited Tax General Obligation Bond/Library Remodel 68,051
1999 Unlimited Tax General Obligation Bond/Fire Station 86,199
2002 Unlimited Tax General Obligation Refunding Bonds 381.025
$6,272,829
§4. This Ordinance shall take effect five(5) days after passage and publication.
Adopted by the City Council of the City of Pasco, on this day of November, 2008.
City of Pasco:
Joyce Olson, Mayor
Attest: Approved As To Form:
Debra Clark, City Clerk Leland B. Kerr, City Attorney
ORDINANCE NO.
AN ORDINANCE PRESERVING THE PROPERTY TAX LEVY
CAPACITY IN THE CITY OF PASCO, WASHINGTON FOR FISCAL
YEARS AFTER 2009 IN ACCORDANCE WITH STATE LAVA'.
WHEREAS, to provide the property tax revenues required by the general
operating budget of the City for fiscal year 2009, City Council of the City of Pasco levied
property taxes on all taxable property in the City for collection in fiscal year 2009 in the total
amount of$5,737,554, which dollar amount is the sum of(a) $5,513,967, which is the amount of
property taxes levied by the City in fiscal year 2008, plus (b) $0 (ZERO) of the allowable
increase of the lesser of 1% or the Implicit Price Deflator, which for this calculation, is 4.527%,
(c) 5223,587, which is the amount of additional taxes at the 2008 levy rate of 2.2205 cents per
$1,000 of assessed value resulting from the addition of new construction and improvements to
property in the City, d) property annexed into the City during fiscal year 2008, which there was
$0, and e) any increase in value of state-assessed property in the City, and,
WHEREAS, the City Council of the City desires to preserve in accordance with
state law (including but not limited to Chapter 84.55 RCW) the capacity of the City to levy
property taxes in future fiscal years after 2009, calculated as if the City in fiscal year 2009 had
levied the full amount allowed by state law upon a finding of substantial need therefore; and
WHEREAS, upon a finding of substantial need and based upon limit factors of
the lesser of 101% or IPD (104.527%) for the previous year and limit factors of 101% or 106%
and IPD for previous years as provided by RCW 84.55.0101 and $3.60 per $1,000 of assessed
value by RCW 84.52.043 and 41.16.060; the City would be permitted to levy property taxes for
fiscal year 2009 in a total amount of$6,467,668 (the"full amount allowed by law"), which dollar
amount is the sum of (a) $6,244,081 (the lesser of the amount calculated by multiplying the
allowable 2008 property tax levy of $6,182,258 times the limit factor of 101% (the lesser of
101% or IPD or the $3.60 per 51,000 statutory limitation)), plus (b) 5223,587, which is the
amount of additional taxes at the 2008 levy rate of 2.2205 cents per $1,000 of assessed value
resulting from the addition of new construction and improvements to property in the City, c)
property annexed into the City during fiscal year 2008 ($0), and c) any increase in value of state-
assessed utility property in the City at the 2008 levy rate of 2.2205 cents per $1,000 of assessed
value($0); and
WHEREAS, the full amount allowed by law for fiscal year 2009 of$6,467,668 is
$730,114 greater than the actual property tax levy of the City for fiscal year 2009 of$5,737,354
and such excess of 5730,114 represents the unused 2009 property tax levy capacity that the City
desires to preserve for future fiscal years after 2009;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN as follows:
Section 1. The City Council of the City finds and determines that there is substantial
need for the City to preserve, for future fiscal years after 2009,the capacity to levy property taxes
on all taxable property in the City in the amount of$730,114, which is equal to the unused levy
capacity of the City for fiscal year 2009. This substantial need includes, without limitation, the
anticipated future requirements for additional property tax revenues that will be needed for the
construction and/or maintenance of roads, streets, bridges and other transportation facilities of
the City; to satisfy anticipated and unanticipated new regulatory requirements applicable to the
City; to provide for potential excess costs of capital facilities; and generally to meet other
substantial future financial requirements of the City.
Section 2. This ordinance shall take effect and be in force from and after its passage and
five days following its publication as required by law.
ADOPTED by the City Council by the affirmative vote of a majority plus one vote of the
members thereof and APPROVED by the Mayor of Pasco, Washington, at a regular open public
meeting thereof, this day of November, 2008.
Joyce Olson, Mayor
ATTEST:
Debra Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
AGENDA REPORT NO. 66
FOR: City Council October 27, 2008
TO: Gary Crutchfie kconomic Manager Regular Mtg.: 11/3/08
Rick White, Di
Community & Development
FROM: David I. McDonald, City Planner
Community & Economic Development
SUBJECT: STREET VACATION: Aportion of Road 32 (MF# VAC08-009)
I. REFERENCE(S):
1. Proposed Ordinance and Vicinity Map
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
Conduct Public Hearing
11/3: MOTION for Vacation: I move to adopt Ordinance No. , vacating a
portion of Road 32 and, further, to authorize publication by
summary only.
III. FISCAL IMPACT:
INTONE
IV. HISTORY AND FACTS BRIEF:
A) Vinh Pham, the owner of two parcels of land south of Sylvester Street and west of
Road 32, has petitioned to vacate the northern 102 feet of Road 32 directly south
of Sylvester Street. The vacation is being requested to facilitate the completion of
a short plat on Mr. Pham's property.
B) The City Council set November 3, 2008 as the date to consider the vacation.
V. DISCUSSION:
The proposed street vacation has been reviewed by the City Engineering Department and
the utility providers.
Qwest has buried telephone cable in Road 32 and has requested an easement be retained
for those cables. The Franklin County PUD power poles in the area proposed for
vacation will be relocated as part of the applicant's development project.
7(b)
WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3`d
Pasco, WA 99301
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF ROAD 32 SOUTH OF SYLVESTER
STREET.
WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco
requesting vacation of certain public rights-of-way within the City of Pasco; and
WHEREAS, from time to time in response to petitions or in cases where it serves the general
interest of the City,the City Council may vacate rights-of-way; and
WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly
taken and performed; NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. That all of Road 32 (40' wide) extending southerly from the south line of
Sylvester Street as condemned for highway purposes in Franklin County Superior Court Case
No. 12376 for a distance of 102 feet, as depicted in Exhibit "1" be and the same is hereby vacated
subject to the easement retained in Section 2 hereof.
Section 2. That the City shall retain an easement and the right to exercise or grant easements
with respect to vacated right-of-way described in Section 1 above for the construction, repair and
maintenance of utilities and services.
Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of
Pasco in and with the office of the Auditor of Franklin County, Washington.
Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and
publication as required by law.
PASSED by the City Council of the City of Pasco,this 3`d day of November, 2008.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
Vicin
Item: Street Vacation Road 32
ity
Applicant: Vi* nh Pham N
File Map # : VAC 08-009
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YAKIMA ST, -- t
AGENDA REPORT NO. 67
FOR: City Council October 27, 2008
TO: Gary Crutchfie Manager Regular Mtg.: 11/3/08
Rick White,Di c �hc
Community & conomic Development
FROM: David I. McDonald, City Planner
SUBJECT: STREET VACATION• A portion of Lindsay Avenue (MF#VAC08-008)
I. REFERENCE(S):
1. Proposed Ordinance and Vicinity Map
2. Vicinity Map showing Vacation as set by Council Resolution
I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
Conduct Public Hearing
11/03: MOTION for Vacation: I move to adopt Ordinance No. , vacating a
portion of Lindsay Avenue and, further, to authorize publication by summary
only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A). Ronald McGuire, the owner of several parcels of land abutting Lindsay Avenue,
has petitioned to vacate the east 10 feet of Lindsay Avenue abutting his property.
B). The City Council set November 3, 2008 as the date to consider the vacation.
V. DISCUSSION:
The proposed street vacation has been reviewed by the City Engineering Department and
the utility providers.
The proposed vacation will cause water meters on the east side of Lindsay Avenue to be
located outside the public right-of-way. The Public Works Department has asked that the
applicant cover the cost for relocating all the water meters. There are four water meters
on the east side of Lindsay Avenue. One meter serves the applicant's property and the
other three meters serve different properties. The applicant has provided the necessary
fees (5826.50) to cover the cost of relocating his meter and one additional meter (for
property behind the applicant's) that is located in front of his property.
The applicant's original intent was to vacate the east 10 feet of Lindsay abutting his
property. During the preparation of the resolution to set the vacation hearing staff
included additional right of way to the north of the applicant's property for the purpose of
creating a consistent right-of-way width for the entire length of Lindsay Avenue (see
attachment). With the payment of the fees to move the water meters in front of his lot the
applicant is requesting that only that portion of Lindsay fronting his lot be vacated.
The proposed ordinance will vacate the east 10 feet of Lindsay Avenue adjacent the
applicant's property only.
7(c)
WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3'
Pasco, WA 99301
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF LINDSAY AVENUE.
WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco
requesting vacation of certain public rights-of-way within the City of Pasco; and
WHEREAS, from time to time in response to petitions or in cases where it serves the general
interest of the City, the City Council may vacate rights-of-way; and
WHEREAS,all steps and procedures required by law to vacate said right-of-way have been duly
taken and performed; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. That the east 10 feet of Lindsay Avenue from the south right-of-way line of
East "C" street to a point 10 feet north of the north line of Lot 12, Block 6, Steffins Amended
Addition the same being the center line of the vacated east/west alley in said Block 6, as depicted
in Exhibit"I"be and the same is hereby vacated.
Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of
Pasco in and with the office of the Auditor of Franklin County, Washington.
Section 3. This ordinance shall take full force and effect five(5)days after approval, passage and
publication as required by law.
PASSED by the City Council of the City of Pasco,this 3`d day of November, 2008.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
Vicinity Item: Street Vacation Lindsay Ave
Map Applicant: Ronald McGuire N
File #: VAC 08-008
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Vicinity Item: Street Vacation Lindsay Ave
Map Applicant: Ronald McGuire N
File #: VAC 08-008
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AGENDA REPORT NO. 27
FOR: City Council October 29, 2008
TO: Gary Crutch Manager
Robert J. Albe s, P lic Works Director
FROM: Doyle L Heath, Utility Enginee" Regular Mtg.: 11/03/08
SUBJECT: Public Hearing on the Final Assessment Roll for Sewer ULID 143
I. REFERENCE(S):
1. LID Boundary Map
2. Resolution
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
Conduct a Public Hearing
MOTION: I move to approve Resolution No. fixing a time and place for a
continued hearing on the final assessment roll for Utility Improvement
District No. 143, and directing that further published notice thereof be given
in the manner required by law.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) On June 5, 2006, Council approved Resolution No. 2961 limiting sewer Utility
Local Improvement District's (ULID's) to a maximum of$8,000 per parcel. On
October 2, 2006, Council adopted Ordinance No. 3794 creating sewer ULID No.
143 West of Road 100. The ULID was amended with Ordinance No. 3814 (see
Exhibit 1). The Preliminary Assessment was for $8,000 per parcel. On
November 5, 2006, Council awarded a contract for the ULID. With the award, the
Assessment cost was equivalent to $9,154 per parcel. The construction work was
completed in September and the Final Assessment Roll has been prepared.
V. DISCUSSION:
A) The final cost associated with the ULID was 510,380 per parcel. The Final
Assessment (the amount charged to the property owner), in accordance with
Resolution No. 2961, is $8,000 per parcel. The reason for the increase in actual
parcel costs from $9,154 per parcel to $10,380 per parcel was due to the
contractor having to work around unknown (not marked during design) utilities.
The costs associated with the ULID include construction, bond, attorney, interim
interest,publication,testing, and the Sewer System Fee.
B) Normally after the Public Hearing, the Council would adopt an Ordinance
confirming the Final Assessment Roll. As a result of a newspaper error,
publication of the notice did not occur for two consecutive weeks at least fifteen
days prior to the Public Hearing (required by state law). Staff recommends the
attached Resolution be approved to continue the Public Hearing until December 1,
2008, and to provide additional publication of the notice.
7(d)
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CITY OF PASCO, WASHINGTON
RESOLUTION NO.
A RESOLUTION of the City of Pasco, Washington, fixing a time and place
for a continued hearing on the final assessment roll for Utility Local Improvement
District No. 143, and directing that further published notice thereof be given in the
manner required by law.
WHEREAS, the final assessment roll for Utility Local Improvement District No. 143,
which was created and established by Ordinance No. 3794 passed by the City Council on
October 2, 2006, as amended by Ordinance No. 3814 passed by the City Council on December
18, 2006, has been prepared as provided by law and is on file with the City Clerk, and the City
proceeded to fix the date for a hearing thereon before the City Council; and
WHEREAS, the City Council by Resolution No. 3106 established November 3, 2008 for
the public hearing on the final assessment roll for Utility Local Improvement District No. 143
("ULID No. 143"); and
WHEREAS, notice of the hearing was mailed as required by law to the owners of record
of all parcels within the ULID No. 143, but as a result of a publication error, publication of
notice did not occur for two consecutive weeks at least fifteen days prior to November 3, 2008;
and
WHEREAS, the Council commenced the hearing on November 3, 2008, but determines
to continue the hearing on the ULID No. 14') final assessment roll until December 1, 2008, to
provide additional published notice of the hearing scheduled for December 1, 2008;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, that the continued public hearing on the final assessment roll for Utility Local
Improvement District No. 143 will be held before the City Council on December 1, 2008 at
7:00 p.m., local time, in the Council Chambers, City Hall, 525 N. Third Avenue, Pasco,
X09456771
Washington. The City Clerk is instructed to cause notice to be given by publication as required
by law.
ADOPTED by the City Council of the City of Pasco, Washington, at a regular open
public meeting thereof on the 3`d day of November,2008.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
SW.567,1
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby
certify as follows:
1. The attached copy of Resolution No. (the "Resolution") is a full, true and
correct copy of an Resolution duly adopted at a regular meeting of the City Council of the City
held at the regular meeting place thereof on November 3, 2008, as that Resolution appears on the
minute book of the City; and the Resolution will be in full force and effect immediately
following its adoption; and
2. A quorum of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for the adoption of
the Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand this_day of November, 2008.
CITY OF PASCO, WASHINGTON
Debra L. Clark, City Clerk
507456771
AGENDA REPORT NO. 26
FOR: City Council October 21, 2008
TO: Gary Crutchfie Wc Maan
FROM: Robert J. Albe s, Works Director Workshop Mtg.: 10/27/08
Regular Mtg.: 11/03/08
SUBJECT: Prequalification Requirements
I. REFERENCE(S):
1. Ordinance
H. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
10/27: Discussion
11/03: MOTION: I move to adopt Ordinance No. , establishing contractor
prequalification requirements, and further authorize publication
by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) On December 18, 2000, Council approved Ordinance No. 3455 establishing
contractor prequalification requirements for road and utility infrastructure projects
which would belong to the City. The State Legislature in 2007 and 2008 passed
new laws requiring all cities to scrutinize the qualifications of potential bidders on
all municipal projects. The new laws are to be adopted by the City.
V. DISCUSSION:
A) The proposed Ordinance reflects the new legal requirements to scrutinize the
eligibility of a contractor to bid a project (14.10.010) and retains the
prequalification requirements for Public Works Projects established in Ordinance
No. 3455 (14.10.020). Since the City does not provide full time inspections on
most projects, assuring a bidder is qualified to perform the work has been a
priority. Evidentally state wide, issues have arisen that compelled the Legislator
to mandate requirements. The new requirements have little impact on how the
City evaluates the eligibility of a contractor.
8(a)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, amending
Chapter 14.10 "Qualification for Public Works Construction" of the Pasco
Municipal Code
WHEREAS, due to the potential widespread affect of public works construction on the
quality of life to the citizens of the City, it is necessary to insure that the bidders for such projects
have demonstrated they are responsible bidders, prepared, and qualified to perform these
essential services; and
WHEREAS, the City has since 2000 by the enactment of Ordinance No. 3455,
recognized that the integrity of the utility services necessary to provide for the health of its
citizens is dependent upon the quality of the installation and construction of the elements of
those systems and has maintained qualification requirements for contractors performing public
works construction; and
WHEREAS, the Washington legislature has, likewise, recognized the need to establish
bidder responsibility criteria to be utilized by municipalities in the selection of responsible
bidders through the bidding process; and
WHEREAS, for the purpose of implementing this additional statutory criteria to those
procedures utilized by the City to determine bidder responsibility, and to insure the high level of
qualifications necessary for the construction of critical public works projects involving the
infrastructure of the City; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Chapter 14.10 entitled "Qualification for Public Works Construction"
of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
14.10.010 BIDDER RESPONSIBILTY AND QUALIFICATION FOR PUBLIC
WORKS CONSTRUCTION.
A) Before award of a public works contract, a bidder must meet the following
responsibility criteria to be considered a responsible bidder eligible to be awarded a public works
contract. The bidder must:
1) At the time of the bid submittal, have a certificate of contractor
registration in compliance with Chapter 18.27 RCW.
2) Have a current state unified business identifier number.
3) If applicable, have industrial insurance coverage for the bidder's
employees working in Washington as required by Title 51 RCW; an employment security
department number as required by Title 50 RCW; and a state excise tax registration
number as required by Title 82 RCW.
44) Not be disqualified from bidding, on any public works contract under
RCW 39.06.010 or RCW 39.12.065 (3).
B) Upon determination by the Public Works Director that unique or specialized skills
are necessary for the construction of a public works project in compliance with the specifications
and standards for such project as adopted by the City, additional supplemental bidding, criteria
may be required for determination of a responsible bidder for that project. Such supplemental
criteria shall:
1) Demonstrate successful experience of at least two public works projects of
the same nature and cost within the prior five(5) years.
2) Successfully completed a public works project of the same nature and
character of the proposed project including, but not limited, to similar size and quantities,
occupancy, staged-construction, continued use or accessibility during construction, or
specialized construction techniques or processes
3) Demonstrate sufficient financial capacity to fulfill the contract.
4) Supplemental criteria, the basis for evaluation, and appeal periods shall be
provided in the invitation to bid or bidding documents.
5) If the bidder fails to supply information requested concerning, the
responsibility within the time and manner specified in the bid documents, the City may
base its detennination of responsibility upon any available information related to the
supplemental criteria, or may find the bidder not responsible.
6) In the event the City determines the bidder not to be responsible, the City
must provide in writing the reasons for the determination and provide the bidder an
administrative appeal of the determination within the period specified within the bidding,
documents.
14.10.0+20 PURPOSS PREOUALIFICATION.
A) It has been determined that the infrastructure improvements of the essential
services providing transportation al access, water, irrigation, storm water and sewer utilities,
requires sufficient qualifications to provide for the health, safety and welfare of the citizens of
the Ci . Every person or entity herea€ter-,efefFed-i , prior- to peffi3FMifig
intending to bid and perform any construction, modification, extension or improvement affecting
directly or indirectly any City utility or street infrastructure elements, including, but not limited
to, streets, sidewalks, structures, sewer lines, water lines, storm drainage lines, irrigation lines, or
appurtenances thereto, either by public works contract or by private development, shall
City prequalify for the performance of such work
demonstrating that they possess the financial and technical ability, resources and experience to
perform the work in accordance with the standards and specifications adopted by the City. Public
works proposal form shall only be issued to prequalified contractors.
Ordinance Amending Chapter 14.102
Page 2
Contractors may qualify for public works contracts having an estimated contract price of
less than $200,000 by submission of a limited prequalifi cation questionnaire (short form) with at
least two (2) years demonstrated experience; and/or public works contract having an estimated
cost in excess of$200,000 by submission of the prequalification questionnaire(long form).
The applicant may apply for prequalification in any or all of the following_project
categories:
1) Clearing, grubbing, grading and drainage.
2) Production and placing of crushed materials.
3) Bituminous surface treatment.
4) Asphalt concrete paving.
5) Cement concrete paving
6) Street striping.
7) Traffic signals.
8) Street lights.
9) Water pipeline(up to 12 inches).
l 0) Water pipeline(greater than 12 inches).
11) Storm water facilities.
12) Sewer pipeline (12 foot and shallower).
13) Sewer pipeline(greater than 12 feet in depth.
14) Sidewalks/curb and gutter.
15) Landscaping parks/irrigation.
16) Pump stations.
B) The City shall determine if the eeniraetor' eligibility
responsible bidder upon consideration of:
Ordinance Amending Chapter 14.103
Page 3
A� The documented ability, capacity and skill of the contractor of at least two
public works projects of similar size nature and cost within the preceding five (5) year
period The criteria for determination of lack of necessary experience, organization, of
technical qualifications shall be those identified in WAC 468-16-070.
92) Whether the contractor can perform promptly or within the time specified
without delay or interference. The criteria for determining the inability to comply with
the performance schedule shall be as established by WAC 468-16-060.
G3) Thei The contractor's reputation, experience, and efficiency of-t-he
^vntr-aete in performance and completion of similar public works projects.
D4) The demonstrated quality of performance of previous public works
projects by the contractor. The criteria for determination of unsatisfactory work
performance shall be those indentified in WAC 468-16-040.
The previous and existing compliances by the contractor with laws and
ordinances relating to the contracts or services to be provided in the public works
contract.
F6) The demonstrated sufficiency of the financial resources and ability of the
to perform the contract which shall require a verified net worth of
not less than the estimated cost of the public works project when multiplied by a factor of
five.
7 Adequate bonding, and bonding history to demonstrate continuous
uninterrupted bonding capacity.
C$) The ability of the contractor to provide future maintenance and service for
the work performed. and
9) Satisfaction of all bidder responsibility requirements under PMC
14.10.010 (A-1) above.
#10) Such other reasonable information as bears on integrity, judgment and
skills of the contractor. The criteria for determination of an unsatisfactory record of
integrity or judgment shall be based upon WAC 468-16-050. (Ord. 3455 Sec. 1, 2000.)
14.10.0230 APPLICATION REQUIRED. The City shall, prior to furnishing any
contractor desiring to bid upon any work affecting any City utility or street infrastructure element
or for which a call for bid proposals has been published, with a contract proposal form, or any
required application affecting the City utility services, except permits required under Title 12 of
this Code for minor street or sidewalk construction or modification, require from the contractor
answers to questions contained in the standard from questionnaire and financial statement which
shall include a complete statement of financial ability and experience of the contractor to
perform work affecting the City utility infrastructure elements or other public works. The
questionnaire and financial statement shall contain a statement verified by the applicant that the
Ordinance Amending Chapter 14.104
Page 4
information contained thereon is truthful and accurate. Whenever the City is not satisfied with
the sufficiency of the answers contained in the questionnaire and financial statement or whenever
the City determines that the contractor does not meet all of the requirements set forth in this
section, it may refuse to furnish a contractor with a contract proposal form or reject any bid
proposal submitted by the contractor, or deny any application effecting City utility or street
infrastructure elements. Proof of current eligibility for bidding projects of the Washington State
Department of Transportation, pursuant to RCW 47.28.070, may be accepted by the City as
compliance with this section. The City shall promptly determine and maintain a list of the
responsible contractors eligible to perform services governed by this Chapter.
be submitted-vy-vci+metefs-annually or at coh *i-, 1—C-4 Prequalification
applications shall be reviewed every year and renewed every three (3) years with all information
being updated including financial information contract experience, bonding, and claims. (Ord.
3455 Sec. 1, 2000.)
14.10.0340 FINANCIAL INFORMATION NOT OPEN TO PUBLIC INSPECTION.
The City shall not be required to make available for public inspection and copying financial
information supplied by the contractor for the purpose of qualifying for eligibility under this
Chapter as provided in RCW 42.56.270. (Ord. 3455 Sec. 1, 2000.)
14.10.050 REVOCATION OF PREQUALIFICATION STATUS. The Public Works
Director, based upon an investigation determining the cause exists may revoke a contractor's
prequalification status for any of the following causes:
A) Unsatisfactory record of integrity and judgment consisting of those deficiencies as
defined in WAC 468-16-050.
B) Intentional falsification or unauthorized destruction of related records.
C) Default on a contract within three (3) years prior to the date of application for
prequalification.
D) Bankruptcy or insolvency.
E) Breach of contract.
F) Revocation, suspension or impairment of any required bond.
The Public Works Director shall provide to the contractor written notice of revocation of
prequalification eli bility which shall state the effective date of the revocation and contractor's
right of appeal as provided in this Chapter.
14.10.0460 APPEAL. The City's dete,...,:,.,afie., e f eligibility shall be eenelasive
wiless appeal tt�lieivepffirem is made wiIhin ten (10) days of the date ef detefminatien by the City 40
the Fr-afAdin County Sttper-ier- Any person or entity aggrieved by the determination of the
Public Works Director regarding bidder responsibility and qualification as provided in PMC
14.10.010 and prequalification as provided in PMC 14.10.020, may, within ten (10) days of the
date of the written notice of denial of qualification or revocation of qualification, file a written
Ordinance Amending Chapter 14.105
Page 5
request for an administrative appeal before the City Manager, or his designee. An administrative
appeal hearing shall be held before the City Manager, or his designee, within ten (10) days of the
date of the appeal and a determination shall be issued by the City Manager, or his designee,
within five (5) days of the date of the hearing. The City Manager, or his designee's,
determination of eligibility shall be conclusive unless appeal therefrom is made within ten (10)
days of the date of determination to the Franklin County Superior Court to be heard on the record
pursuant to RCW 36.70C.020. (Ord. 3455 Sec. 1, 2000.)
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of , 2008.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Debbie Clark Leland B. Kerr
City Clerk City Attorney
Ordinance Amending Chapter 14.106
Page 6
AGENDA REPORT NO. 68
FOR: City Council October 27, 2008
TO: Gary Crutchfiel , ager Regular Mtg.: 11/3/08
Rick White, Di v�
Community & conomic Development
FROM: David I. McDonald, City Planner
SUBJECT: REZONE - C-3 (General Business) to R-3 (Medium Density Residential) 800
Block of N. Wehe Ave. (Beacon Development) (MF #Z-08-004)
I. REFERENCE(S):
1. Proposed Rezone Ordinance
2. Planning Commission Report
3. Planning Commission Minutes: Dated 9/18/08 & 10/16/08
H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11/03: MOTION: I move to approve Ordinance No. granting a rezone
for Blocks 2 and 3 Freys Addition from C-3 to R-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 September 18, 2008, the Planning Commission conducted a public hearing to
determine whether or not to recommend a rezone from C-3 (General Business) to
R-3 (Medium Density Residential) for Blocks 2 and 3 of the Freys Addition.
B) Following the conduct of a public hearing, the Planning Commission reasoned
that with one condition it would be appropriate to recommend a change in zoning
for the property in question. The proposed condition is included in the attached
concomitant agreement and requires payment of applicable property taxes for this
property.
C) No written appeal of the Planning Commission's recommendation has been
received.
V. DISCUSSION:
8(b)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning
Classification of Blocks 2 and 3 Freys Addition, from C-3
(General Business)to R-3 (Medium Density Residential).
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-3 (General Business) to R-3 (Medium Density Residential) for the real property as shown
in the Exhibit"A" attached hereto and described as follows:
Blocks 2 and 3 Freys Addition together with adjoining vacated right-of-way
Section 2. That the change of the zoning classification as provided in Section 1 is
contingent, and conditioned upon the 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 P day of November 2008.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney
"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:
Block 2 and 3 Freys Addition together with vacated streets and
alleys vacated by Ordinance # 3172 (Parcel #'s 113-504039, 113-
503-101, 113-503-094, 113-503-076 & 113-503-067)
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 R-3
(Medium Density Residential) 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:
Any and all development located wholly or partially on this site shall
be subject to payment of property taxes or a PILOT (payment in lieu
of taxes) equal to the respective levees for the City, Franklin County,
the School District and the Port of Pasco.
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:
n ' i
Owners:
STATE OF WASHINGTON)
ss.
County of 4� )
On this day of &Ayi-rr , 2008, before me,
the undersigned, duly lcommissioned and sworn, personally appeared
Vic ra Irk �. ``IIpLld2.l to me known to be the
individual(s) described above and who executed the within and foregoing
instrument as an agent of the owner(s) of record, and acknowledged to me that
(W/she/they signed the same asf/her/their free and voluntary act and deed, for
the uses and purposes therein mentioned, and on oath stated that Oe'she/they
is/are authorized to execute the said instrument.
GIVEN undsr,,byk- hand and official seal this day of
ary n1�
='c ublic in and for the S to
of Washington, residing at CK .
CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3
REPORT TO PLANNING COMMISSION
MASTER FILE NO: Z 08-004 APPLICANT: Beacon Development
HEARING DATE: 09/ 18/08 2121 E. Pike St. # 300
ACTION DATE: 10/23/08 Seattle, WA 98122
BACKGROUND
REQUEST: Rezone from C-3 (General Business) to R-3 (Medium Density
Residential)
1. PROPERTY DESCRIPTION:
L_egal_ Block 2 & 3 Freys Addition and adjoining vacated right-of-way
General Location: 800 Block of N. Wehe Ave
Property Size: Approximately 3.5 acres
2. ACCESS: The property has access from Spokane Street and Wehe
Avenue. (Portions of Spokane & Wehe are undeveloped.)
3. UTILITIES: Municipal utilities are available in Spokane Street.
4. LAND USE AND ZONING: The subject parcel is currently zoned C-3
(General Business) and is undeveloped. Surrounding properties to the
north and west are zoned C-3 and are undeveloped. The property to the
south is zoned R-1 (Low Density Residential) and developed with the
Whittier Elementary School. Properties to the east are zoned R-1-A (Low
Density Residential Alternate) and developed with a couple of single
family dwellings. Highland Park Homes subdivision is located 350 feet
to the east.
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area
for mixed residential development. Thorough the goals of the
Comprehensive Plan the City encourages housing for all economic
segments of the population (H-1), strives to maintain a variety of
housing consistent with the local and regional market (H-2), encourages
housing design and construction that ensure long-term sustainability
and value (H-4), and supports efforts to provide affordable housing to
meet the needs of low and mid-income households in the area (H-5).
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/HISTORY
The applicant is seeking a rezone for the property in question from the current
C-3 zoning to R-3 zoning. The applicant proposes developing the two blocks in
question with multi-family uses. These parcels were originally platted as part of
Freys Addition in 1891, 117 years ago, and have remained undeveloped ever
since that time. Rezoning the property appears to create an opportunity for
infill development. Infill development impacts the community in many positive
ways provided the development contributes to the cost of local governmental
services (City, County, and School District).
In an effort to encourage the property and other nearby properties to develop
the City formed an LID (Local Improvement District) in 2000 to extend utilities
and streets to portions of Freys Addition. Spokane Street on the north side of
the site in question was included in that LID.
The purpose statement for the R-3 District contained in PMC 25.36 states that
R-3 zoning is intended to allow for a gradual increase in density from lower
density development to high density development and can provide a transition
between different use areas (i.e. Between commercial and lower density
residential use). The proposed rezone would provide a transition from the
commercially zoned property to the east and north and the less intense
residential development to the south and east. Rezoning the property in
question to R-3 appears to be supported by the purpose statement of PMC
25.36.
The property also meets the locational criteria for development as identified in
the Comprehensive Plan. Utilities are available, the land is suitable for building
sites, more intense zoning is located to the north and west and less intensive
zoning is located to the south and east. The site is located functionally
convenient to two collector-type streets (Broadway and Salt Lake) which both
lead to Oregon Avenue.
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:
• Whittier School was opened in 1998.
• Significant improvements have been made to Highland Park
located directly south of Whittier School in the last 15 years.
• The City purchased additional land to the west of Highland Park in
2008 for the purpose of expanding the park.
• Ochoa Middle School was opened on Sheppard Street in 2002.
2
1) The site is zoned C-3 (General Business).
2) The Comprehensive Plan designates the site for Mixed Residential Uses.
3) The mixed residential land use designation per the "Description and
Allocation of Land Uses" chart of the Comprehensive Plan (page 17) can
include low density through medium density zoning
4) The applicant has applied for a R-3 Medium Density rezone
5) R-3 Zoning is consistent with the Comprehensive Land Use Designation of
commercial for the site.
6) The site was platted in 1891.
7) The site has remained undeveloped for over 100 years.
8) Whittier School, directly south of the site, was opened in 1998.
9) Ochoa Middle School was opened on Sheppard Street in 2002.
10) The Mesa Verde Subdivision was constructed in 2005 and now contains 37
dwellings.
11) 85 new dwelling units have been constructed in the Highland Park Homes
Addition.
12) The City purchased additional land to the west of Highland Park in 2008 for
the purpose of expanding the park.
13) Pasco's assessed value per capita is only $47,532 verses $57,261 for
Kennewick and $77,680 for Richland.
14) It was reported to the Planning Commission in a previous hearing (MF# 04-
128-Z) that the assessed value of the Pasco School District is significantly
lower than the values in the Kennewick and Richland School Districts.
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. and determine whether or not:
(1) The proposal is in accord with the goals and policies of the
Comprehensive Plan.
4
The goals and policies of the Comprehensive Plan encourage the
development of residential land uses on the site. The proposed
zoning district is residential in nature and supports the plan.
(2) The effect of the proposal on the immediate vicinity will not be
materially detrimental.
The property is currently vacant and has been since it was platted
over I00 years ago. Rezoning the property to R-3 will establish a
buffer area of higher density residential between the commercial
zoning to the east and north and the school and residential uses to
the east and south.
(3) There is merit and value in the proposal for the community as a whole.
It is in the best interest of the community as a whole to encourage
development of the site. Through tax revenues, a developed and
occupied property fully contributes to funding of public safety,
schools, parks and other community services upon which all
residents rely.
(4) Conditions should be imposed in order to mitigate any significant
adverse impacts from the proposal.
The proposed rezone was applied for on behalf of the future owner of
the site, the Spokane Diocese of the Catholic Church. The Spokane
Diocese is the owner of the Tepeyac Haven on 22nd Avenue. During
the course of the 22nd Avenue hearing (MF# 04-128-Z) some concern
was raised over the issue of property taxes because of the non profit
nature of the church. Development of the site will create demands for
community services such as parks, schools and emergency services.
Without contributing to those costs future development of the site will
adversely impact the community. To mitigate those impacts a
concomitant agreement is needed.
(S) A concomitant agreement should be entered into between the City and
the petitioner, and if so, the terms and conditions of such an
agreement.
To ensure development on the property in question contributes to all
municipal and school district service costs a Concomitant Agreement
would be necessary.
5
RECOMMENDATION
MOTION: I move the Planning Commission adopt the Findings of Fact as
contained in the October 16, 2008 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-3
(General Business) to R-3 (Medium Density) with a condition
ensuring all development on the property pays property taxes.
6
• Item: Rezone from C-3 to R-3
Vicinity Applicant: Beacon Development N
Map File # : Z 08-004
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Planning Commission Minutes
9/18/08
PUBLIC HEARINGS:
A. Rezone C-3 (General Business) to R-3 (Medium Density
Residential) (Beacon Development) 1800 Block
of N. Wehe Streetl (MF# ZO8-0041
Chairman Samuel read the master file number and asked staff for comments.
Staff stated that a notice of the hearing was published in the newspaper and
mailed to surrounding property owners within 300 ft of the site. Staff explained
the rezone application and reviewed the significant changes that had taken place
in the neighborhood over the last 10 years. Noting a new elementary school, a
middle school, and two new subdivisions had been built in the neighborhood
with new homes and streets. The City also recently purchased more land to
upgrade and expand Highland Park.
Staff then reviewed the written report for the benefit of the Planning Commission
and pointed out the assessed value per capita in Pasco was lower than assessed
Richland and Kennewick. With the property potentially being owned by the
Catholic Diocese of Spokane there was a concern about property taxes. Staff
recommended a condition be place on the rezone requiring the payment of taxes.
Chairman Samuel asked if there were adequate utilities in the area.
Staff stated the utilities would need to be extended by the developer if a project
was to move forward.
Paul Purcell, 1221 East Pike St, Seattle, Beacon Development stated he
represented Beacon Development on behalf of Catholic Housing Services of
Eastern Washington. Mr. Purcell spoke in favor of the rezone. He stated
allowing this type of project meets goals of the City's Comprehensive Plan.
Mr. Purcell understood the need to extend the water/sewer lines.
Mr. Purcell pointed out the Tepeyac Haven project on 22nd Avenue has been
awarded the first Gold Leed Certified Affordable Housing Project in the country.
It has been recognized nationally for the quality of construction and energy
efficiency. Mr. Purcell then briefly discussed the need for additional housing in
the community.
Chairman Samuel asked if there were future plans to develop more housing
projects with the City of Pasco.
Mr. Purcell stated no.
Chairman Samuel closed the public hearing.
Commissioner Little stated Tepeyac Haven had a very nice appearance and
mentioned the rezone should be conditioned related to the need to pay taxes.
Staff commented it would be added to the recommendation.
Commissioner Rose moved, seconded by Commissioner Cruz, to close the
hearing on the proposed rezone and initiate deliberations and schedule adoption
of Findings of Fact, Conclusions and a Recommendation to the City Council for
the October 16, 2008 meeting. The motion passed unanimously.
PLANNING COMMISSION MINUTES
10/16/08
OLD BUSINESS:
A. Rezone C-3 (General Business) to R-3 (Medium Density
Residential) (Beacon Development) (800 Block
of N. Wehe Ave.) (MF# Z 08-0041
Chairman Samuel read the master file number and asked for comments from
staff.
Staff explained this item was presented at a public hearing on September 18,
2008. During the hearing discussion center on changes in the neighborhood
and the need for site improvements related to water and sewer facilities and
other infrastructure needs. It was also pointed out that because of the nature of
the proposed property owner (Catholic Housing Services) it would be important
to ensure that the property always contributed to community services through
payment of property taxes or payments in lieu of property taxes. The property
owners would need to sign a concomitant agreement if a favorable
recommendation was made to the City Council.
Commissioner Anderson moved, seconded by Commissioner Hay, the Planning
Commission adopt the Findings of Fact as contained in the October 16, 2008
staff report.
Commissioner Anderson further moved, seconded by Commissioner Hay, based
on the finding of fact as adopted, the Planning Commission recommend the City
Council rezone the site from C-3 (General Business) to R-3 (Medium Density
Residential) with a condition ensuring all development on the property pays
property taxes. The motion passed unanimously.
Staff noted this item would go to the City Council at their first regular meeting in
November. Staff briefly explained the appeal process.
AGENDA REPORT
FOR: City Council October 29, 2008
TO: Gary Crutchf1 �anager
FROM: Stan Strebel, dins v d Community
Services Director Regular Mtg.: 11/3/08
SUBJECT: Bid for Peanuts Park Restroom Remodel and Pavilion
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11/3: Motion: I move to award the contract for the Peanuts Park Restroom
Remodel and Pavilion Project to the low bidder, Siefken and Sons
Construction, in the amount of$59,713.00 including sales tax.
III. FISCAL IMPACT:
CDBG Funding
IV. HISTORY AND FACTS BRIEF:
A) On October 29" the City recently received four bids for the Peanuts Park
Restroom Remodel and Pavilion, which consists of remodeling the old restroom
for storage purposes and installing a pavilion to house portable toilets in the park.
Bids were as follows:
Siefken & Sons Construction $59,713.00
G2 Construction 61,651.84
Booth& Sons Construction 95,990.00
George A. Grant Construction 1 13,700.00
B) The Architect's estimate was $55,000.
C) Staff recommends approval of the contract award to Siefken and Sons.
10(a)