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HomeMy WebLinkAbout2009.01.05 Council Meeting Packet AGENDA PASCO CI'T'Y COUNCIL, Regular Meeting 7:00 p.m. January 5,2009 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 December 15,2008. (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 $1,085,200.35 ($141,204.17 in the form of Wire Transfer Nos. 5116, 5120 and 5122 and, $943,996.18 consisting of Claim Warrants numbered 169383 through 169579). (2008 EXPENSES) 2. To approve General Claims in the amount of $1,117,322.79 ($1,117,322.79 consisting of Claim Warrants numbered 169580 through 169610). (2009 EXPENSES) 3. To approve Payroll Claims in the amount of$2,179,126.28, Voucher Nos. 39045 through 39194; and EFT Deposit Nos. 30027149 through 30027676. *(c) Resolution No. 3128, a Resolution authorizing the sale of miscellaneous personal property and equipment considered surplus to city needs. 1. Agenda Report from Debbie Clark, City Clerk dated December 19, 2008. 2. Proposed Resolution. 3. Mid Columbia Libraries correspondence dated 12/16/08 and 12/22/08. 4. Department(s) to request disposal of surplus property. To approve Resolution No. 3128, authorizing the sale of personal property and equipment surplus to city needs. (RQ MOTION: 1 move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS -OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (none) Regular Meeting 2 January 5,2009 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Q*(a) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending the Zoning Classification for a parcel located in a portion of Block 15, Gantenbein's Addition, from I-1 (Light Industrial)to R-2 (Medium Density Residential). 1. Agenda Report from David I.McDonald, City Planner dated December 30,2008. 2. Proposed Rezone Ordinance. 3. Planning Commission Report. 4. Planning Commission Minutes dated 11/20/08 and 12/18/08. MOTION: I move to adopt Ordinance No. , granting a rezone for a portion of Lot 1, Block 15 Gantenbein's Addition and a portion of vacated "D" Street from 1-1 to R-2 as recommended by the Planning Commission and, further, authorize publication by summary only. Q*(b) Ordinance No. ,an Ordinance of the City of Pasco,Washington,amending the Zoning classification of Lot 1, Oak Estates, from R-S-12(Suburban Residential) to C-I (Retail Business) with a Concomitant Agreement. 1. Agenda Report from David I. McDonald,City Planner dated December 30, 2008. 2. Proposed Rezone Ordinance. 3. Planning Commission Report. 4. Planning Commission Minutes dated 11/20/08 and 12/18/08. MOTION: I move to adopt Ordinance No. , granting a rezone for Lot 1,Oak Estates from R-S-12 to C-1 with a Concomitant agreement as recommended by the Planning Commission and, further,authorize publication by summary only. 9. UNFINISHED BUSINESS: (none) 10. NEW BUSINESS: (none) 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required " Item not previously discussed MF# "Master File#...." Q Quasi-Judicial Matter REMINDERS: 1. 1:30 p.m., Monday, January 5, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN Rep.; AL YENNEY, Alt.) 2. 12:00 p.m., Wednesday, January 7, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY,Alt.) 3. 5:30 p.m., Thursday, January 8, Parks Classroom — Parks & Recreation Advisory Council Meeting. (COUNCILMEMBER REBECCA FRANCEK, Rep.; MIKE GARRISON, Alt.) 4. 7:00 p.m., Thursday, January 8, Transit Facility — Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; MIKE GARRISON, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 15, 2008 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmernbers 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 Strebel, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Bob Alberts, Public Works Director; Michael McShane, City Engineer; Denis Austin, Police Chief and Jim Chase, Financial Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated December 1, 2008. (b) Bills and Communications: To approve General Claims in the amount of$1,006,134.10 ($95,802.24 in the form of Wire Transfer Nos. 5099 and 5113 and, $910,331.86 consisting of Claim Warrants numbered 169163 through 169382). 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$165,077.11 and, of that amount, authorize $131,329.00 be turned over for collection. (c) Interlocal Agreement for Emergency Management Services: To approve the interlocal agreement for Emergency Management Services and, further, authorize the Mayor to sign the agreement. (d) Resolution No.3125, a Resolution accepting work performed by Stripe Rite under contract for the Street Sign Replacement-- Citywide Phase II, Project No. 06- 3-07. To approve Resolution No. 3125, accepting the work performed by Stripe Rite under contract for the Street Sign Replacement—Citywide Phase II, Project No. 06-3-07. (e) Resolution No.3126, a Resolution accepting work performed by Scott's Excavating Tri-Cities, LLC, under contract for the Reconstruction of Alley Approaches—2008 Phase 2, Project No. 07-3-04. To approve Resolution No. 3126, accepting the work performed by Scott's Excavating Tri-Cities, LLC,under contract for the Reconstruction of Alley Approaches—2008 Phase 2, Project No. 07-3-04. (f) Cancellation of Workshop Meeting. To cancel the December 22, 2008 Workshop Meeting. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. 1 3(a), MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 15, 2008 VISITORS - OTHER THAN AGENDA ITEMS: Kimberly Camp, Director, Hanford Reach Interpretive Center, presented an overview on the progress of the center. Mr. Brad Peck, 200 Rd. 34, is concerned about public entities providing business activities that may disadvantage private businesses. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Larsen attended the Senior Citizens Advisory Committee meeting. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Alley Vacation: The East/West Alley in Blocks 7 & 8 Owens Addition (MF#VAC08- 012). MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED VACATION. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST,AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3898, an Ordinance vacating the East/West Alley in Blocks 7 & 8 Owens Addition. MOTION: Mr. Watkins moved to adopt Ordinance No. 3898, an Ordinance vacating a portion of the East/West Alley in Blocks 7 & 8 Owens Addition and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried 6-1. NO—Yenney. 2008 Budget Supplement. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE 2008 BUDGET SUPPLEMENTS. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST,AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3899, an Ordinance amending the 2008 Annual Budget of the City of Pasco by providing supplement thereto; by appropriating revenue received in excess of estimated revenues for the current year and by providing transfers and adjustment authority. MOTION: Mr. Watkins moved adopt Ordinance No. 3899, amending the 2008 Operating Budget by providing a Supplement thereto in the amount of$506,100 and, :further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Ordinance No. 3900, an Ordinance relating to Supplemental Capital Improvement Projects Budget for the Year 2008. MOTION: Mr. Watkins moved to adopt Ordinance No. 3900, amending the 2008 Capital Improvements Budget by providing a Supplement thereto in the amount of$246,000 and, :further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3127, a Resolution authorizing interfund Loans from the General Fund to the Community Development Block Grant Fund, the Ambulance Services Fund and the Equipment Rental Maintenance and Operations Government Type Fund in the total sum of$660,000. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 15, 2008 MOTION: Mr. Watkins moved to approve Resolution No. 3127, authorizing temporary interfund loans from the General Fund to the Community Development Block Grant Fund, the Ambulance Service Fund and the Equipment Rental Maintenance and Operations Government Type Fund in the total amount of$660,000. Mr. Garrison seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3901, an Ordinance amending Chapter 3.07 of the Pasco Municipal Code regarding Sewer Front Footage and Square Footage Fees. MOTION: Mr. Watkins moved to adopt Ordinance No. 3901, amending Chapter 3.07 of the Pasco Municipal Code regarding Sewer Front Footage and Square Footage Fees and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Ordinance No. 3902, an Ordinance concerning wages for Temporary Non- Management, Non-Represented Personnel for the Calendar Year 2009. MOTION: Mr. Watkins moved to adopt Ordinance No. 3902, revising the Temporary Employee Wage Plan and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. UNFINISHED BUSINESS: 2009 Annual Operating and Capital Projects Budgets. Ordinance No. 3892, an Ordinance adopting the City of Pasco Operating Budget for the Year 2009. MOTION: Mr. Watkins moved to adopt Ordinance No. 3892, adopting the 2009 Annual Operating Budget and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried 6-1. NO—Hoffmann. Ordinance No. 3893, an Ordinance adopting the City of Pasco Capital Projects Budget for the Year 2009. MOTION: Mr. Watkins moved to adopt Ordinance No. 3893, adopting the 2009 Capital Projects Budget and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried 5-2. NO— Larsen, Hoffmann. NEW BUSINESS: Library Services Survey: MOTION: Mr. Watkins moved to approve the Professional Services Agreement with the Gilmore Research Group for library services survey work and, further, authorize the City Manager to sign the agreement. Mr. Garrison seconded. MOTION: Mr. Yenney moved to amend the motion to include a Spanish language option. Ms. Francik seconded. Motion carried 5-2. NO—Watkins, Hoffmann. Original motion amended to include a Spanish language option carried 6-1. NO—Larsen. Transportation Improvement Board (TIB) Grant for Argent Road and Road 84 Sidewalks: MOTION: Mr. Watkins moved to accept the grant offered by TIB in the amount of $200,000 for the Argent Road and Road 84 Sidewalks and, further, authorize the Mayor to sign the agreement. Mr. Garrison seconded. Motion carried unanimously. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 15, 2008 Library Remodel Project: MOTION: Mr. Watkins moved to award the contract (conditional on concurrence by the Mid-Columbia District) for the Library Remodel Project, including alternates 1-3, to the low bidder,G2 Construction, Inc., in the amount of$156,384.60, including sales tax and, further, authorize the City Manager to sign the construction agreement. Mr. Garrison seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Yenney requested to view the old fire truck. Mr. Crutchfield reminded Council the next meeting is Monday January 5, 2009. Mr. Garrison wished everyone a Merry Christmas&prosperous New Year. Mayor Olson invited everyone to the First Night celebration on December 31 at Columbia Basin College. Mr. Hoffmann noted the annual Cable Bridge Run will be held Saturday December 20`h. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:30 p.m. for approximately 15 minutes to review the performance of the City Manager. Mayor Olson returned to the Council Chambers at 8:45 p.m. and noted executive session will continue for another 15 minutes. Mayor Olson called the meeting back to order at 9:03 p.m. Councilmembers discussed individual conclusions regarding the City Manager's performance. MOTION: Mr. Watkins moved to approve a performance merit award of$8,000 to Mr. Crutchfield. Mr. Garrison seconded. Motion carried 5-2. NO—Larsen, Yenney. ADJOURNMENT: There being no further business, the meeting was adjourned at 9:18 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 5`h day of January, 2009. 4 CITY OF PASCO Council Meeting of: January 5,2009 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We,the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligation against the city and that we are authorized to authenticate and certify to said claim. Gary Crutchfield, City Manager James W. Chase, Finance Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the merchandise or services hereinafter specified have been received; that Wire Transfer No.s 5116,5120 and 5122 in the amount of$141,204.17,have been authorized; that Check No.s 169383 through 169579 are approved for payment in the amount of$943,996.18,for a combined total of$1,085,200.35 on this 5th day of January,2009. Councilmember Councilmember SUMMARY OF CLAIMSlWtIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 160.00 Judicial 9,668.07 Executive 8,446.57 Police 1 3,712.84 Fire 5,660.60 Administration&Community Services 52,557.44 Community Development 2,128.14 Engineering (1,329.33) Non-Departmental 31,054.65 Library 2,357.16 TOTAL GENERAL FUND: 124,416.14 STREET 260,267.46 C. D. BLOCK GRANT 4,862.17 KING COMMUNITY CENTER 1,811.04 AMBULANCE SERVICE 2,813.96 CEMETERY 4,132.70 ATHLETIC PROGRAMS 10,832.20 SENIOR CENTER 4,267.87 MULTI MODAL FACILITY 2,129.38 RIVERSHORE TRAIL&MARINA MAIN 254.02 LITTER CONTROL 0.00 REVOLVING ABATEMENT 341.00 CAPITAL IMPROVEMENT 27,641.25 TRAC DEVEL&OPERATING 0.00 STADIUM/CONVENTION CENTER 6,689.12 TRI CITY ANIMAL CONTROL 43,498.57 METRO DRUG TASK FORCE 11,379.51 METRO DRUG FORFEITURE FUND 669.53 GENERAL CONSTRUCTION 0.00 WATER/SEWER 375,071.01 EQUIPMENT RENTAL-OPERATING 23,826.30 EQUIPMENT RENTAL- REPLACEMENT 0.00 MEDICAL/DENTAL INSURANCE 141,204.17 CENTRAL STORES 143.87 FIRE PENSIONS 0.00 PAYROLL CLEARING 37,914.43 LID CONSTRUCTION 1,034.65 GRAND TOTAL ALL FUNDS: $ 1,085,200.35 2008 EXPENSES 3(b).i CITY OF PASCO Council Meeting of: January 5, 2009 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We, the undersigned,do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligation against the city and that we are authorized to authenticate and certify to said claim. Gary Crutchfield, City Manager James W. Chase, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Check No.s 169580 through 169610 are approved for payment in the amount of$1,117,322.79 on this 5th day of January, 2009. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 0.00 Judicial 503.00 Executive 24.03 Police 35,366.02 Fire 34.61 Administration&Community Services 192.20 Community Development 63.07 Engineering 63.07 Non-Departmental 36,898.17 Library 90,468.75 TOTAL GENERAL FUND: 163,612.92 STREET 3.84 C. D. BLOCK GRANT 6.01 KING COMMUNITY CENTER 6.01 AMBULANCE SERVICE 10.40 CEMETERY 6.01 ATHLETIC PROGRAMS 0.00 SENIOR CENTER 21.02 MULTI MODAL FACILITY 0.00 RIVERSHORE TRAIL&MARINA MAIN 0.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 0.00 PARKS FUND 0.00 TRAC DEVEL&OPERATING 12,500.00 STADIUM/CONVENTION CENTER 0.00 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 0.00 METRO DRUG FORFEITURE FUND 15.02 GENERAL CONSTRUCTION 0.00 WATER/SEWER 860,471.85 EQUIPMENT RENTAL-OPERATING 12.02 EQUIPMENT RENTAL- REPLACEMENT 0.00 MEDICAUDENTAL INSURANCE 33,517.19 CENTRAL STORES 0.00 FIRE PENSIONS 7,743.96 PAYROLL CLEARING 39,396.54 LID CONSTRUCTION 0.00 GRAND TOTAL ALL FUNDS: $ 1,117,322.79 2009 EXPENSES 3(b).2 CITY OF PASCO Council Meeting of: Payroll Approval January 5,2009 The City Council City of Pasco Franklin County,Washington The followin s a sum roll claims against the City of Pasco for the month of December 2008 h' h ar resented he with for your review and approval. Gary . Cr field, 7 ity Mdhager James W. C e, 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. 39045 through 39194 and EFT deposit No's. 30027149 through 30027676 and City contributions in the aggregate amount of$2,179,126.28 are approved for payment on this 5th day of January 2009. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 6,760.00 Judicial 77,579.92 Executive 53,190.57 Police 687,071.79 Fire 335,579.19 Administrative&Community Services 250,787.19 Community Development 66,197.11 Engineering 79,444.18 TOTAL GENERAL FUND 1,556,609.95 CITY STREET 39,821.33 BLOCK GRANT 9,639.80 MARTIN LUTHER KING CENTER 6,061.61 AMBULANCE SERVICE FUND 152,161.46 CEMETERY 10,681.70 ATHLETIC FUND 1,402.78 SENIOR CENTER 11,944.67 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 9,539.52 WATER/SEWER 348,940.85 EQUIPMENT RENTAL- OPERATING 32,322.61 GRAND TOTAL ALL FUNDS $ 2,179,126.28 Payroll Summary Net Payroll 1,121,199.73 Employee Deductions 610,100.90 Gross Payroll 1,731,300.63 City of Pasco Contributions 447,825.65 Total Payroll $ 2,179,126.28 3(b).3 AGENDA REPORT FOR: City Council December 19, 2008 TO: Gary Crutchfield, i Manager Regular Mtg.: 1/5/09 Stan Strebel, i ive& Community 111'a— Director FROM: Debbie Clark, City Clerk SUBJECT: A resolution authorizing the disposal of surplus property and equipment I. REFERENCE(S): 1. Proposed Resolution 2. Mid Columbia Libraries correspondence 12/16/08 and 12/22/08 3. Department(s)to request disposal of surplus property 1I. ACTION REQUESTED OF COUNCIL/STAFF REC,OvMMENDATIONS: 1/5 Motion: I move to approve Resolution No.3 1°10 authorizing the sale of personal property and equipment surplus to City needs. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Mid-Columbia Libraries made an assessment of furnishings and determined items of furniture and miscellaneous shelving owned by the City of Pasco will no longer be needed following the remodel of the library. The city has reviewed the attached lists and photos and has estimated the approximate value at $210 and further determined the items to be surplus to city needs. B) The City Clerk's office has received requests from other city departments to have miscellaneous personal property and equipment declared surplus to city needs. Attached please find a copy of the requests reflecting an estimated value of$807. C) Staff is requesting Council to declare the items (with a combined estimated value of $1,017) surplus to City needs and further authorize staff to sell the items at auction for a price that is in the best interest of the City. D) Staff proposes to have the auction items consigned to H.A. Rowell Auctioneers for a 25% commission on the gross proceeds from the sale with no charge for transporting the items to auction or advertisement thereof. E) In comparison with other auctioneers, this proposal is most advantageous to the City. 3W RESOLUTION NO._J I;�g A RESOLUTION authorizing the sale of miscellaneous personal property and equipment considered surplus to City needs. WHEREAS, there are certain items of personal property and equipment surplus to the needs of the City; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: The items of miscellaneous personal property and equipment listed below are declared surplus property and City staff is authorized to sell at auction the following items: City Clerk and Legal Dept- 1 -HP Color LaserJet Library-surplus property-furniture surplus property 4600dn $200 4—Lounge chairs approx. value S5 I-Pitney Bowes b/w copier 1 -Kodak Scanner-no each $20 Model DL 185 approx.value$20 $20 power supply $10 1 -Imagistics fax Model 1500 2—Armchairs approx.value$5 each $10 approx. value S-0- 2-Chairs $10 4—Lounge chairs approx.value$5 5-toner cartridges approx.$20 each $20 each $100 8-Phones w/Accessories $40 1 —Settee approx. value$5 $5 Surplus property-Parks&Rec. 39-DDS I Tapes $20 2-Macintosh computers value 2—Bench approx. value$5 each $10 $10 each $20 3-DDS I Cleaning Tapes $2 Municipal Court-Admin-surplus 1 —Lounge Settee approx.value$5 $5 property 5-DDS4 Tapes $50 8—Lounge chairs approx.value$5 14-AT&T/Lucent 7410 Plus I -HP ScanJet 4850-with each $40 phones approx. value$-0- $-0- power supply $25 Information Services-surplus I -Infocus LP725 Projector Lib -surplus property-shelving property w/extra bulb&case $200 Miscellancous pieces $100 1 -Prime Array servecenter $20 1 - Web Camcra $20 1 -Tower PC 2002.27 $20 1 -Safe $50 City Department total Library total surplus est. value $210 surplus est.value $807 PASSED by the City Council of the City of Pasco, at a regular meeting this day of January 2009. CITY OF PASCO Joyce Olson, Mayor ATTEST: APPROVED AST 0 FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney midcolmbi � UBAMhESNeva LeBlond Bequette Service Center Growyourinind! 405 S.Dayton+Kennewick WA 99336 (509)582-4745•Fax(509)737-6349 RECEIVED 7008 December 16, 2008 CITY CLERK'S OFFICE Stan Strebel Administrative and Community Services Director City of Pasco P.O. Box 293 Pasco, WA 99301 Dear Mr. ebel, � As Mid-Columbia Libraries prepares for the Pasco Library remodel, and assessment of furnishings has been completed. Mid-Columbia Libraries has determined twenty-two items of furniture owned by the City of Pasco should be removed from the Pasco Library. A detailed list of the items to be removed from the Pasco Library has been prepared and is attached to this letter for your review. A picture of each item, along with a description of each item provided by the City of Pasco is included. Please note the quantity listed in the description may not be accurate, please refer to the quantity provided on each picture. It is the desire of Mid-Columbia Libraries to have these items removed from the Pasco Library during the period of time the library is closed prior to the contractor beginning work, between December 31, 2008, and January 5, 2009. Please contact Nancy Graf, Branch Manager, Pasco Library, at 546-8001, for coordinating furniture pick-up. Have a wonderful holiday season. Sincerely, Danielle R. Krol Executive Director Cc: Nancy Graf, Branch Manager, Pasco Library Elaine Baker, Community Libraries Director Enclosure(5): Pasco Furniture List 1.3 Lounge chair A Quantity: 4 Tag: Lounge areas south window Manufa=er Campbell Contract y Model• 1040 SL Claud Series Name Fully upholtlettd loungechait Size: 37h'x 33d"x 34W' Finishes: Wedge feet 401 Natural Fabric: COM:Unika Vaev 44Q140 Mxguepy Avodin: Piping:Architex Auilawc Bankers Gn Naas: fabric not to be subsumed 1.4 Lounge chair Quantity: 4 13 Tag: Lounge areas near OPAC Manufactuurer. Campbell Contract Model: 109C St.Cloud Series ' Name: Fully upholstered lounge chair Size: 37h"x 33d"x 34w" Finishes: Wedge fact:0001 Natural ' Fabric: COM: Unika Vacv 444/80 Vista Cameo Piping:Architex Authentec Khaki Notes: fabric not to be substituted i 1.6 Lounge Chair D Quantity: 2 Tag: Lounge Areas West Sunroom Manufactuer. Campbell Contract Model: 109C SL Cloud Series Name: Lounge Chair Size: 37h"x 33d"x 34w" Finishes: Wedge feet:001 Natural Fabric: COM:Deslgn'rex 1+1 2278-801 Kas Yoo LPiping:Architex Autlmiez Bankers Oroy Notes: Fabric not oo be substituted >s 1.7 Lounge Chair l Quantity: 2 � u Tag: Lounge areas North Sunromn Mtanurscuav Campbell Coavact A(oder. 109C sr.Loud Serbs Nam, t.owsge Chair Sines 37h'x 33d"x 34 w" Plaishuc Wedgefocr:001 Naeaal Fabric. COAT Mewam 701501001 Caauo Ficidnone �— Now: Fabric not ro � be subsduKod Isb�� ` 1 1.15 Armchair S Ph Quantity: 9 Tag: lounge areas w/ 30" study tables Msnufac=r. Falcon Modct.• 3102-1 Name: UpholsLemd wood frame armchair Sim: 35h"x 22 IRd"x 21 112w" Finishes: W101 Natural Fabric: COM:Decpa 3800.01 Drum Roll Ftedcrick Murray — r 1.5 Lounge chair Quantity: 3 Tag: Lounge areas: Periodicals @ windows Manutactluer. Campbell Contract Model: 109C St.Cloud Series Name: Fully upholstered lounge chair Size: 37h"x 33d"x 34w" Finishes: Wedge feet:#01 Natural Fabric: COM:Architex Authenw Bankers Grey Piping:Architex Artthentec Sepia Notes fabric not to be substituted ,\ r 1.19 Settee Quantity: 1 Tag: Children's Manuracauer. Ad1cn Model: SF702 Name: Major Major Size: 37"h x 66"w x 34"d 1 Finishes: Fabric: COM:Archittx Grsfftui Red Herring Notes: fabric not to be subsduted PW t 1.18 Bench Place Quantity. i ti Tag:Large Print Manuracnuer Campbell Comma Model 4013.2 Name Walton series,2-person bench Size 20"w x 19"h x 40"w Finishes Fe.er:Itol Natural Fabric COM:Design Tex 1+l 2278-801 Miss Yoo Sliver I.akc Piping:Archlrrx Authenux Bw *crs Omy No= fabric uor to be substituted '1.20 Settee 4 Plat Quantity: 1 Tag: Lounge Area, Sunroom Manufauurer. CampWl Conusct Model: 1090 Name: St.Cloud Series Size: 61 3/4"w x 33"d x 34"h Finishes: Foet:1101 Na" 1 Fabric: COM:Design Tex 1+1 2278.801 Miss Yoo Silver Lah. Piping:Architex Authentu Bardeen Orcy Notes: fabric not to be substituted Page I of I Debbie Clark From: Nancy Graf[ngraf @MCL-LIB.org] Sent: Monday, December 22, 2008 10:17 AM To: Debbie Clark Cc: Elaine Baker; Steve Mallory; Omar Castellanos; Richard Pruiett Subject: Surplus shelving at Pasco library Attachments: DSC10021.JPG; DSC10022.JPG; DSC10023.JPG; DSC10024.JPG Debbie: We have lots of shelving that belongs to the City that need to be removed sometime over the next few months. In some of the pictures we have not dismantled the shelves as yet, but will be doing so today and tomorrow. Most pieces are about 36" long and 10" deep. There are hundreds of end pieces. All of the shelving is very heavy so we do not want to move it several times. The shelving includes: 54 - 7 'feet 6 "inches high frames. 540 pieces -36" long shelves. 1080 small pieces 10' X10" and 9 end caps. Until you are ready to pick thing up, we will store the shelving in our small conference room. This space will be out of the way of the contractor until he paints. We have been able to store many of the already dismantled pieces in a small closet near the large meeting room. Unfortunately the contractor wants to use our meeting room for staging or that would be the ideal spot. As soon as the city finds a place to store this shelving and the old chairs, it would be great to get them out of here. We will find space until you are ready, but hope all City of Pasco"stuff'will be out of here by late January or early February. If this makes no sense you might want to come by and look things over. The gentleman from the Senior Center came by. He hopes to take two of our better blue chairs sometime this week (Monday or Tuesday) if weather permits. Then we will be down to 20 comfortable chairs that need to be removed. I know this is a headache for both of us but I think we have managed to solve this problem with the least amountof disruption to everyone. Give me a call if you need clarification on anything. 74u" 5744 Mid-Columbia Libraries • Grow Your Mind! Branch Manager, Pasco 1320 W Hopkins Pasco, WA 99301 509-546-8001 Internal Ex: 1311 Fax 509-547-5416 12/22/2008 �.a r 1, rl 600KS r City department requests for disposal of property and equipment considered "surplus" to city needs City departments City Clerk and Legal Dept-surplus property I -Pitney Bowes b/w copier Model DL 185 approx.value$20 $20 1 -Imagistics fax Model 1500 approx. value$-0- 5-toner cartridges approx.$20 each $100 Surplus property-Parks&Rec. 2-Macintosh computers value$10 each $20 Municipal Court-Admin-surplus property 14-AT&T/Lucent 7410 Plus phones approx. value$-0- $0 Information Services-surplus property I -Kodak Scanner-no power supply $10 2-Chairs $10 8-Phones w/Accessories $40 39-DDS Tapes $20 3-DDS Cleaning Tapes $2 5-DDS4 Tapes $50 1 -HP ScanJet 4850-with power supply $25 I -HP Color LaserJet 4600dn $200 1 -Web Camera $20 1 -Safe $50 1 -Infoeus LP725 Projector w/extra bulb&case $200 1 -Prime Array servecenter $20 1 -Tower PC 2002.27 $20 Total request $807 AGENDA REPORT NO. 86 FOR: City Council December 30, 2008 TO: Gary Crutchfield, City Manager Regular Mtg.: 1/5/09 Rick White, Director 2v./ Community & Economic Development FROM: David I. McDonald, City Planner-� SUBJECT: REZONE - 1-1 (Light Industrial) to R-2 (Medium Density Residential) (City of Pasco) (1000 Block of S. 5`h Ave.) (MF# Z 08-006) I. REFERENCE(S): 1. Proposed Rezone Ordinance 2. Planning Commission Report 3. Planning Commission Minutes: Dated 11/20/08 & 12/18/08 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/05: MOTION: I move to approve Ordinance No. granting a rezone for a portion of Lot 1, Block 15 Gantenbeins Addition and a portion of vacated "D" Street from I-1 to R-2 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 November 20, 2008, the Planning Commission conducted a public hearing to determine whether or not to recommend a rezone from I-1 (Light Industrial) to R- 2 (Medium Density Residential) for the property in the 1000 block of South 5`h Avenue. B) Following the conduct of a public hearing, the Planning Commission reasoned that with conditions it would be appropriate to recommend a change in zoning for the property in question. The proposed conditions are included in the attached concomitant agreement. C) No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: 8(a) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning Classification for a Parcel located in a Portion of Block 15, Gantenbein's Addition, from I-1 (Light Industrial) to R-2 (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 I- I (Light Industrial) to R-2 (Medium Density Residential) for the real property as shown in the Exhibit"1"attached hereto and described as follows: Beginning at the Northeast corner of Lot 7, Block 10, Gantenbein's Addition; Thence South 00° 42' 43" West for a distance of 125 feet to the TRUE POINT OF BEGINNING; Thence North 8911 15 ` 56" West for a distance of 150 feet; Thence South 00° 42' 43" West for a distance of 25.79 feet; Thence South 71 ° 36' 35" East for a distance of 123.75 feet; Thence along a curve to the left with a radius of 25 feet and a chord bearing of North 540 33' 04" East through a chord length of 40.37 feet; Thence North 00°42' 43" for a distance of East to the true point of beginning. Section 2.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 5`h day of January 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney Vicinity Item: Rezone - I- 1 to R-3 Exhibit # l Map Applicant: City of Pasco N File #: Z 08-006 IPA r j t Ow • _ ` � �` MI I' 1� •� • // k 7 ,.rx REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 08-006 APPLICANT: City of Pasco HEARING DATE: 11/20/08 P.O. Box 293 ACTION DATE: 12/18/08 Pasco, WA 99301 BACKGROUND REQUEST: Rezone from I-1 (Light Industrial) to R-2 (Medium Density Residential) 1. PROPERTY DESCRIPTION: Legal: Lot 1, Block 15, Gantenbiens Addition General Location: 1000 Block of S. 51h Ave Property Size: Approximately 3,900 square feet 2. ACCESS: The property has access from 5th Avenue. 3. UTILITIES: Municipal utilities are available in 5th Avenue. 4. LAND USE AND ZONING: The subject parcel is currently zoned I-1 (Light Industrial) and is undeveloped. Land use and zoning for surrounding properties is as follows: West- Mini Storage/I-1 South- Street R-O-W and the Ainsworth overpass East- Single family dwellings/R-3 North- R-2/Vacant lots 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for mixed residential development. Through 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 moderate income households in the area (H-5). 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of non-significance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS/HISTORY Prior to 2006 the property in question was developed with an auto body shop (Ainsworth Collision). In April of 2006 the City purchased the property along with several others for right-of-way needed for the Ainsworth rail crossing. When the Ainsworth improvements were completed, 5th and 6th Avenues were cut off from Ainsworth and tied together with a short street running parallel to the new overpass. As a result of the Ainsworth improvements, a small parcel with I-1 zoning remained at the corner of south 51h and the new street. The City was also required to purchase two additional lots directly north of the I-1 parcel as a part of the overpass project. The two parcels to the north are zoned R-2 (Medium Density Residential). The City is in the process of consolidating and short platting the three parcels to create three buildable medium density lots. The lots are planned to be developed with single-family dwellings under the federal HOME program. The City is seeking to rezone the property to allow residential development on the only remaining vacant property on south 5th Avenue. 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). With the exception of the mini-storage units, the neighborhood is developed with mostly single-family homes and residential support services; such as Mercer Park, the Migrant Council daycare, and a church. The industrial zoning appears to be out of character with the neighborhood and is not consistent with the Comprehensive Plan. The property meets the locational criteria for development as identified in the Comprehensive Plan. Utilities are available, the land is suitable for building sites, and more intense zoning is located to the south. The site is located functionally convenient to an arterial street (Ainsworth Avenue). The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: L The changed conditions in the vicinity which warrant other or additional zoning: • The industrial use on the property was removed in 2006. • The Ainsworth overpass was completed in December of 2006. • 51h Avenue no longer connects to Ainsworth Avenue. • The last remaining vacant lots on the east side of south 5th were developed with single-family (manufactured) homes in 1999 and 2000. 2 • All other lots on south 5th from "A" Street to Ainsworth Avenue have been developed with dwellings except the parcels now owned by the City. • The Washington Migrant Council developed a large daycare facility on south 6th in the mid-1990's. • The City has upgraded and improved Mercer Park over the last 15 years (Mercer Park is located 2 blocks to the west). 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The rezone will enhance the residential character of the neighborhood by providing an opportunity for the only remaining vacant property on south 5th to development with residential structures. Allowing the property to be developed with residential uses will eliminate the unkempt nature of the property thereby removing possible nuisance conditions in the neighborhood. Additionally, developed properties contribute more fully (through taxes, fees and licenses) to the funding of municipal services thereby promoting the general welfare. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan: The proposed rezone is supported by the Comprehensive Plan and would be considered a proper implementation of the plan. Rezoning the property for residential uses would support or improve property values within the neighborhood. 4. The effect on the property owners if the request is not granted: The property is unbuildable as currently zoned. The property will remain undeveloped if it is not rezoned. Taxpayers will be impacted by having to cover the cost of maintaining the property in a dust and weed free condition. 5. The Comprehensive Plan land use designation for the property: The Comprehensive Plan designates the site for mixed residential development. The proposed rezone is for Medium Density Residential and is consistent with the Plan. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the 3 result of factual testimony and evidence submitted during the open record hearing. 1) The site is zoned I-1 (Light Industrial). 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 proposed rezone is consistent with the Comprehensive Land Use Designation for the site. 5) The site was platted in 1888. 6) Every lot on south 5th Avenue from "A" Street to Ainsworth Avenue is developed with residential uses except the parcel in question and two adjoining parcels (all owned by the City). 7) South 51h no longer connects directly with Ainsworth Avenue. 8) The former auto body shop that occupied the parcel in question has been removed. 9) The Ainsworth overpass was constructed in 2006. 10) Mercer Park is located two blocks to the west. 11) The Migrant Council has a large daycare facility one block to the west on 61h Avenue. 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. 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. 4 Rezoning the property to medium density residential will complement surrounding zoning and will add to the value of the neighborhood. (3) There is merit and value in the proposal for the community as a whole. Enabling the property to develop with residential uses has merit and value for the community as a whole. If the site were to remain 1 -1 it would be virtually impossible to develop the site. It would remain vacant and be a possible source of nuisance problems for the neighborhood. The taxpayers would be responsible for weed, dust and litter abatement. Rezoning the property to encourage residential development will enable the property to fully contribute to the funding of public safety, schools, parks and other community services. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. There would be no adverse impacts associated with this rezone. The rezone would only complement the neighborhood. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the December 18, 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 I-1 (Light Industrial) to R-2 (Medium Density Residential). 5 Item: Rezone - I- 1 to R-3 Vicinity Map Applicant: City of Pasco N � File # : Z 08-006 UJ } � • ` SIT t _ � � ADO- t Y �� P Land Item : Rezone - 1- 1 to R-3 y� Use Applicant: City of Pasco N - Map File # : Z 08-006 Residential J Day- w> Residential care CD Ind . SIT Z--- ^/S wo R TN '� �FiSR Industrial Industrial 39� 0 Zoning Item Rezone I- I to R-3 A ppiicant: Cof Pasco x Map File # : Z 08-006 R=2 � � w R-2 R_3 Q � � SITE . = CO Un R-3 AlIvs 1/ _ R-2 RNA CR 3s� o -1 Planning Commission Minutes 11/20/08 A. Rezone I-1 (Light Industrial) to R-2 (Medium Density Residential) (City of Pasco) (1000 Block of S. 5th Avenue) (MF# Z- 08-0061 Chairman Samuel read the master file number opened the hearing and asked for comments from staff. Staff stated that a notice of the hearing was published in the newspaper and mailed to surrounding property owners within 300 feet of the site. Staff explained in April of 2006, the City purchased the property in question along with several others for right-of-way needed for the Ainsworth rail crossing. After the completion of the Ainsworth improvements a small parcel with I-1 zoning remained at the south end of 5th Avenue. The City through the Federal HOME program plans to develop the property in question along with two other parcels with some homes. The proposed rezone would allow residential development to occur on the only remaining vacant property on south 51h Avenue. Staff then explained the community benefits of infill development. Chairman Samuel called for public comment. After three calls for comments the hearing was closed. Commissioner Schouviller moved, seconded by Commissioner Hays, 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 December 18, 2008 meeting. The motion passed unanimously. Staff noted this item would return to the Planning Commission for deliberations prior to going to the City Council at the first regular meeting in January. Planning Commission Minutes 12/18/08 A. Rezone I-1 (Light Industrial) to R-2 (Medium Density Residential) (City of Pascol 1000 Block of S. Sth Avenue) (MF# Z- 08-006) Chairman Samuel read the Master File number and explained that the proposed rezone was the subject of a public hearing last month. Chairman Samuel asked for discussion and or comments from staff. Staff explained that during the public hearing it was pointed out that the application was initially made for R-3 zoning but the recommendation was for R-2 to be consistent with other lots in the block. Commissioner Anderson moved, seconded by Commissioner Hay, that the Planning Commission adopt the Findings of Fact and conclusions as contained in the December 18, 2008 staff report. The motion was unanimously approved. Commissioner Anderson further moved, seconded by Commissioner Hay, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council rezone the site from I-1 to R-2. Staff noted this item would go to the City Council at their first regular meeting in January. Staff briefly explained the appeal process. AGENDA REPORT NO. 85 FOR: City Council December 30, 2008 TO: Gary Crutchfield, City Manager Regular Mtg.: 1/5/09 Rick White, Director '-W Community &Economic Development FROM: David I. McDonald, City Planner'?-- SUBJECT: REZONE - R-S-12 (Suburban Residential) to C-1 (Retail Business) (Ron Oak) (7012 W. Argent Road) (MF## Z 08-005) I. REFERENCE(S): 1. Proposed Rezone Ordinance 2. Planning Commission Report 3. Planning Commission Minutes: Dated 11/20/08 & 12/18/08 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/05: MOTION: I move to approve Ordinance No. granting a rezone for Lot 1,Oak Estates from R-S-12 to C-1 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 November 20, 2008, the Planning Commission conducted a public hearing to determine whether or not to recommend a rezone from R-S-12 (Suburban Residential) to C-I (Retail Business) for,the property at 7012 West Argent. B) Following the conduct of a public hearing, the Planning Commission reasoned that with conditions it would be appropriate to recommend a change in zoning for the property in question. The proposed conditions are included in the attached concomitant agreement. C) No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: 8(b) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning Classification of Lot 1, Oak Estates, from R-S-12 (Suburban Residential) to C-1 (Retail Business) with a Concomitant Agreement. WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition;and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification and (D) the request for change in zoning classification is categorically exempt under the Washington State Environmental Policy Act,NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from to R-S-12 (Suburban Residential) to C-1 Retail Business) for the real property as shown in the Exhibit"1"attached hereto and described as follows: Lot 1,Oak Estates 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 I 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 5'h day of January 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney Item: Rezone - R-S- 12tO C- 1 Exhibit 1 Vicinity • Applicant: Ron Oak N Map File #: Z 08-005 �v IF, 01 �Ico �- J I - ARGENT RD - F� � .:. :� .wj - �••401 0 1C -90. t 1.01 J "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: Lot 1, Oak Estates (Parcel # 118-352-270) WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insure compliance with the Pasco Zoning Code, and all other local, state and federal laws relating to the use and development of the above described property; and WHEREAS, the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this concomitant agreement, NOW, THEREFORE, In the event the above-described property is rezoned by the City of Pasco to C-1 (Retail Business) 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: 4. Conditions: A. Taverns, Membership Clubs (meaning or limited to fraternal organizations such as the VFW, the Moose, the Elks etc.), Billiard/Pool Halls, Amusement Game Centers, Automotive Repair, Auto and similar sales, Card Rooms/Bingo Parlors, Dance Halls and similar establishments, upholstery shops are prohibited B. Buildings and signs shall be limited to a height of 35 feet. C. Outdoor lighting and sign lighting shall be designed to limit secondary effects on neighboring properties. Back lit fascias, parapet walls, fuel island canopies and building walls shall be prohibited. The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the ab scribed property: Owner: 0_" © STATE OF WASHINGTON) ) ss. County of Franklin ) On this V day of 0X*YK&K , 2008, before me, the undersigned, duly commissioned and sworn, personally appeared Q.6Y1 004 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. CrlV under by hand and official seal this 2� day of ()tCem ,V" ,2008. Notary Public State of WaNbingtaa Notary Public in and for the State __ // // ANGELA R. PITMAN of Washington, residing at W i&J'An a(., MY COMMISSION EXPIRE$ August 2S,2011 CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3 REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 08-005 APPLICANT: Ron Oak HEARING DATE: 11/20/08 2913 ROAD 70 ACTION DATE: 12/ 18/08 Pasco, WA 99301 BACKGROUND REQUEST: Rezone from R-S-12 (Suburban Residential) to C-1 (Retail Business) 1. PROPERTY DESCRIPTION: Legal: Lot 1, Oak Estates General Location: 7012 W Argent Rd Property Size: 35,720 square feet 2. ACCESS: The property has access from Argent Road. 3. UTILITIES: Municipal utilities are available in Argent Road and Road 70. 4. LAND USE AND ZONING: The subject parcel is zoned R-S-12 and is currently occupied by a vacant house. Land use and zoning for surrounding properties is as follows: West- Church/R-S-12 South- Single-family dwellings/R-S-12 East- Retail Strip building/C-1 North- R-S 12/Single-Family Dwellings (in the City) R-S-20/Large Animal Vet Clinic (in the County) 5. COMPREHENSIVE PLAN: The site is located at the transition between two different land use designations—low density residential and commercial. Through the goals and policies of the Comprehensive Plan the City endeavors to encourage high quality commercial development (LU-4) located near major intersections (LU-4-A) for the avoidance of strip commercial development (LU-1-C). Consistent with the Growth Management Act the Plan also promotes employment and economic opportunity for residents (Policy No. 8 pg 40). The plan (ED-2-D) also encourages a wide range of commercial uses strategically located to support local and regional needs. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of non-significance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS/HISTORY The property in question, along with others at the southwest corner of Road 68 and Argent, was annexed to the City in 2000. This general area of the community has been the location of various commercial activities for at least 30 years. The commercial nature of development in this area is a function of its location adjacent to a key intersection. The intersection of Road 68 and Argent Road is one of the most significant intersections in West Pasco. Road 68 is the only road west of 4th Avenue that connects West Pasco to the County area (irrigation blocks) north of the City. Road 68 also links the newly developed areas north of I-182 with much of West Pasco. Argent Road is the second longest street east/west in the City. Both Road 68 and Argent are designated as arterial streets in the Comprehensive Plan and in the Regional Transportation Plan. As such, these streets will carry ever increasing amounts of traffic. The Comprehensive Plan encourages the location of commercial activities near or around major intersections such as Road 68 and Argent Road. The property in question is about 600 feet west of the Road 68 and Argent Road intersection. By comparison (although on a grander scale), commercial zoning extends along Burden Boulevard east and west of Road 68 for 1,200 to 1,300 feet. The location criteria as identified in the Comprehensive Plan (pg. 18) indicate commercial development ought to be located on major circulation routes and of a size consistent with market demand. Properties surrounding the site have been developing with commercial businesses. A 5,400 square foot retail/office building is located directly across Road 70, while a veterinarian's clinic (for large animals) is located on the north side of Argent. A church is located directly to the west. The zoning regulations take into consideration that commercial uses will be located adjacent to residential uses; as a result the regulations contain buffering and setback requirements. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: I. The changed conditions in the vicinity which warrant other or additional zoning: 2 • The property was annexed to the City in 2000. • The Road 68 and Argent Road intersection was upgraded with wider turning radii and a traffic signal approximately 9 years ago. • A 5,400 square foot commercial retail/office building was built directly east of the rezone site in 2001. • The retail/office at 6916 Argent Road has been fully leased for several years. • The storage buildings at 6908 Argent Road have been converted to offices since 2000. • In 2003, a church was constructed at 7020 Argent Road. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Allowing the property to be developed with commercial uses will eliminate the unkempt nature of the property thereby removing possible nuisance conditions in the neighborhood. Additionally, developed properties contribute more fully (through taxes, fees and licenses) to the funding of municipal services thereby promoting the general welfare. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan: Many of the dwellings in the neighborhood were constructed after the commercial building at 6916 W Argent Road was built. For example, the house directly south of the strip center was built in 2003 (2 years after the strip center was built) and was valued at $114,700. Today the same house is valued at $153,100. Likewise, a house on the north side of Argent directly across the street from the strip center has increased in value by $55,000 since 2003, a 46% increase. The proposed rezone supports various goals and policies of the plan as listed in Section 5 above. 4. The effect on the property owners if the request is not granted: If the rezone is not granted the property would remain a suburban residential lot. 5. The Comprehensive Plan land use designation for the property: The property in question is located in an area of transition and could be zoned either suburban residential or commercially according to the Comprehensive Plan. 3 FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is zoned R-S-12. 2) The property is in a transition area between two different land use designations. 3) The property is vacant and in an unkempt condition. 4) A 5,400 square foot commercial retail/office building was built directly east of the rezone site in 2001. 5) The storage buildings at 6908 Argent Road have been converted to offices since 2000. 6) The intersection of Road 68 and Argent Road was signalized and improved approximately 9 years ago. 7) The Comprehensive Plan identifies Road 68 and Argent Road as arterials. 8) According to the Franklin County Assessor's records neighborhood property values have been increasing for both residential and commercial properties. 9) Several single-family dwellings have been constructed in the neighborhood since the completion of the commercial building at 6916 W Argent Road. 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. The proposal supports goals and policies of the Comprehensive Plan as discussed in Section 5 above. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. 4 According to records of the Franklin County Assessor property values in the neighborhood have increased since the construction of the 5,400 square foot commercial building at 6916 W. Argent Road. (3) There is merit and value in the proposal for the community as a whole. Enabling the property to redevelop with commercial uses urill eliminate the unsightly conditions that currently exist as the result of the properly being vacant and unmaintained. Cleaning up vacant property and encouraging construction of new commercial buildings has merit and value for the community. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. Other commercial rezones in the general neighborhood were conditional. These rezones prohibited membership clubs (Moose, & Elks, etc) taverns, dance halls, amusement game centers, billiard/pool halls and automotive repair shops. Buildings and sign heights were also limited to 35 feet by the previous rezones. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. In keeping with past rezones in the neighborhood, the Planning Commission may want to consider requiring conditions on the proposed rezone. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the December 18, 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 R-S- 12 (Suburban Residential) to C-1 (Retail Business) with a condition prohibiting the following uses. A. Taverns, Membership Clubs (meaning or limited to fraternal organizations such as the VFW, the Moose, the Elks etc.), Billiard/Pool Halls, Amusement Game Centers, Automotive Repair, Auto and similar sales, Card Rooms/Bingo Parlors, Dance Halls and similar establishments, upholstery shops. 5 B. Buildings and signs shall be limited to a height of 35 feet. C. Outdoor lighting and sign lighting shall be designed to limit secondary effects on neighboring properties. Back lit fascias, parapet walls, fuel island canopies and building walls shall be prohibited. 6 ROAD18� Op r r `LL I; 6r cn � Y --al ad09 _ ilk 4-,; o - �iU kip 44 r---d � a i ti . �„ .t._.-fit • + _ *Poo �� Land item: Rezone - R-S- 12 to G 1 � Use Applicant : Ron Oak {x)- MaEFile # : Z 08 -005 a Vacant , o 'I Vacant= 0 E� SFDU 's 00 �City Limitsj 0 ARGENT RD �I ; SITE Commercial SFDU 's— v o 71 J Of S FD�U's = Vacant J Zoning Item: Rezone - R-S- 12 to G I A pplicant: Ron Oak x Map File # : Z 08-005 R=S 1 a RwS=1 2 C=1 0 City Limits- - RGENT RD j R=S=20 SIT (County) C-7 < t. -City Limits- o �0 R-S-12 - � R=S=20 (County) . - - Planning Commission Minutes 11/20/08 A. Rezone R-S-12 (Suburban Residential) to C-1 (Retail Business) lRon Oak) (7012 W. Argent Road) (MF# Z 08-005) Chairman Samuel read the master file number and asked for comments from staff. Staff stated that a notice of the hearing was published in the newspaper and mailed to surrounding property owners within 300 feet of the site. Staff reviewed recent development activity in the vicinity of Road 68 and Argent Road pointing out the commercial zoning and development that has occurred in the neighborhood. The applicant constructed a 5,400 square foot commercial/retail office building directly to the east of the rezone site in 2001. In 2003, a church was constructed at 7020 Argent Road to the west of the rezone site. Staff reviewed the written report for the benefit of the Planning Commission and explained that past rezones in the area were conditioned with a concomitant agreement to address neighborhood concerns about taverns, membership clubs, game centers and similar uses. Commissioner Rose asked what types of businesses the owner was planning on locating in the proposed project. Staff explained the owner's current strip mall to the east has offices, a pizza parlor, a fitness center, a beauty parlor, and a tax office. Chairman Samuel asked if any complaints have been received from the existing strip mall. Staff stated none had been reported. Ron Oak, Owner of 7012 W. Argent was present to speak in favor of the rezone. Mr. Oak explained the property was currently occupied with a home that needs repair. The intent is to build a strip mall to match his current strip mall to the east. Chairman Samuel called for public comment. After three calls for comments the hearing was closed. Commissioner Anderson 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 December 18, 2008 meeting. Staff noted this item would return to the Planning Commission for deliberations prior to going to the City Council at the first regular meeting in January. Planning Commission Minutes 12/18/08 A. Rezone R-S-12 (Suburban Residential) to C-1 (Retail Business) (Ron Oak) (7012 W. Argent Road) (MF# Z 08-0051 Chairman Samuel read the Master File number and explained that the proposed rezone was the subject of a public hearing last month. Chairman Samuel asked for discussion and or comments from staff. Staff had no additional comments. Commissioner Little moved, seconded by Commissioner Anderson, that the Planning Commission adopt the Findings of Fact and conclusions as contained in the December 18, 2008 staff report. The motion was unanimously approved. Commissioner Little further moved, seconded by Commissioner Anderson, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council rezone the site from R-S-12 to C-1 with conditions as listed in the December 18, 2008 staff report. The motion was unanimously approved. Staff noted this item would go to the City Council at their first regular meeting in January. Staff briefly explained the appeal process.