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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 . , 4 LU .�• ti �., Area to t. w D e d c ated o f w r "A" ST F wfm%I;k P.F4 #t VL r s 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 ) ��� � i 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 r G �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 . Alf _ }r II jr s _� �;�� ..� -�.- ;•� -'� ,� :�^-��Imo- �� - _ 4 Area Ded i cated •r , ... ANDIFUR PKWY,ti i 1 JEFFERSON DR f JO�NS N DR 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 -w- 7- fit- --- SYLVEST_.E.-ST . - - ---- ,• , , " 1i :+►... ;dam _, - Area 4 Vacated ,' ; tilt"� � r• `1 ,! - � ,,, -- 11iw I , 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 ;, � ' �•��. �`� ��� fit\ ti • ..•.+ - • Z t pi 1 semi~ A i r A db Area w K =: Vacated ^ . I r" r}. ..a . I ' a♦ry , yam. CO y > 4�0� - ,n 1111 _ Vicinity Item: Street Vacation Lindsay Ave Map Applicant: Ronald McGuire N File #: VAC 08-008 "All ST till gwip Proposed Added IF ; R = = Vacation -� b y Staff r -rte r..r P: T6 • I1C11 .n t• �•� .? 1r r` t�, � 1 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) � 2 s. slo Ice Cl% le y �d OW VIV ' � W 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 G� -7G ---- NN SITE F PARK VIEW BLVD W > i < .. W 1F 4 Land Use Item: Rezone from C-3 to R-3 Applicant: Beacon Development N Map File # : Z 08-004 Vacant 7L �/� SPOKPN� SITE i PARK VIEW BLVD LJ SFDU 's Q School - w w IM Zon'ng Item : Rezone from C-3 to R-3 Applicant : Beacon Development N Map File # : Z 08-004 G� vy C "3 �m R=1 =A SP��P SITE PARK VIEW BLVD w w > C -3 R-1 T Lij R-2 R-1 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)