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HomeMy WebLinkAbout2009.06.01 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. June 1,2009 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 May 18, 2009. (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$1,352,162.82 ($85,298.65 in the form of Wire Transfer Nos. 5211 and 5215; and $1,266,864.17 consisting of Claim Warrants numbered 171765 through 171938). 2. To approve Payroll Claims in the amount of $1,857,667.18, Voucher Nos. 39576 through 39671; and EFT Deposit Nos. 30030093 through 30030643. (c) Public Road and Utility Easement for Powerline Road: 1. Agenda Report from Robert J. Alberts, Public Works Director dated May 20, 2009. 2. Vicinity Map. 3. Public Road and Utility Easement. MOTION: I move to accept the Public Road and Utility Easements as granted by Jerry Randal Burgess on Tax Parcel No. 115-120-013, from Lee Eickmeyer, Jacqueline Hanson, and Randy Mullen on Tax Parcel No. 115-170-080 and from Lee Eickmeyer, Jacqueline Hanson, Randy Mullen, Mark Sullivan and Mary Jo Sullivan on Tax Parcel No. 115-170-066. (d) Resolution No. 3160, a Resolution approving amendment of the program year 2008 Community Development Block Grant Allocations and Annual Work Plan for CDBG-R activities. 1. Agenda Report from Angie Pitman,CDBG Administrator dated May 21, 2009. 2. CDBG Recovery Act Proposal Summary. 3. Planning Commission Meeting Minutes dated April 16, 2009 and May 21,2009. 4. Resolution Approving CDBG-R Work Plan. To approve Resolution No. 3160, amending the City's 2008 CDBG-R Allocations and Annual Work Plan. (e) Resolution No. 3161, a Resolution fixing the time and date for a public hearing to consider the vacation of Tippet Lane. 1. Agenda Report from David I. McDonald,City Planner dated May 26, 2009. 2. Vicinity Map. 3. Proposed Resolution. 4. Vacation Petition. To approve Resolution No. 3161, setting 7:00 p.m.,Monday,July 6, 2009, as the time and date to conduct a public hearing to consider vacating Tippet Lane. (f) Resolution No. 3162, a Resolution accepting work performed by Stripe Rite, Inc., under contract for the 2009 Crack Seal, Project#09-3-03. 1. Agenda Report from Michael McShane, City Engineer dated May 26, 2009. 2. Resolution. To approve Resolution No. 3162, accepting the work performed by Stripe Rite, Inc., under contract for the 2009 Crack Seal, Project#09-3-03. (RC) MOTION: I move to approve the Consent Agenda as read. Regular Meeting 2 June 1, 2009 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco residents have been invited to attend the Council meeting to receive Certificates of Appreciation from Mayor Joyce Olson for"Yard of the Month," May 2009. 1. Don and Yvonne Cooper, 1114 W. Park Street 2. John Wirth, 403 Road 38 3. Kirk and Cindi Andrews, 5809 Jefferson Drive (b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco business has been invited to attend the Council meeting to receive a Certificate of Appreciation from Mayor Joyce Olson for "Business of the Month Appearance Award"for May 2009. 1. Taco Bell,2407 W. Court Street 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: Q (a) Street Vacation: A portion of Montana Avenue (MF#VAC09-008): 1. Agenda Report from David 1. McDonald, City Planner dated May 26,2009. 2. Vicinity Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. ,an Ordinance vacating a portion of Montana Avenue. MOTION: I move to adopt Ordinance No. an Ordinance vacating a portion of Montana Avenue and, further, authorize publication by summary only. Q (b) Street Vacation: A portion of West Park Street(MF#VAC 09-009): 1. Agenda Report from David I. McDonald, City Planner dated May 26, 2009. 2. Vicinity Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. ,an Ordinance vacating a portion of West Park Street. MOTION: I move to adopt Ordinance No. , an Ordinance vacating a portion of West Park Street and, further,to authorize publication by summary only. 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 the Northeast quarter of section 25, township 9 North, range 29 East WM., from R-2 (medium density residential) to R-3 (medium density residential). 1. Agenda Report from David I. McDonald, City Planner dated May 26, 2009. 2. Proposed Rezone Ordinance. 3. Planning Commission Report. 4. Planning Commission Minutes: Dated 4/16/09 and 5/21/09. MOTION: I move to adopt Ordinance No. , granting a rezone for a parcel of land at 921 North 24" Avenue from R-2 to R-3 as recommended by the Planning Commission and, further, to authorize publication by summary only. Q (b) Ordinance No. , an Ordinance of the City of Pasco, Washington, assigning zoning to certain real property within the City of Pasco. 1. Agenda Report from David I. McDonald,City Planner dated May 26, 2009. 2. Proposed Rezone Ordinance. 3. Planning Commission Report. 4. Planning Commission Minutes: Dated 5/21/09. MOTION: I move to adopt Ordinance No. an Ordinance establishing R-S-12 zoning for the Road 76 and Court Street Annexation Area and, further, to authorize publication by summary only. Regular Meeting 3 June 1,2009 Q (c) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a special permit for the location of a Salvation Army Corp Community Building in the 1900 Block of West Lewis Street. 1. Agenda Report from David 1. McDonald, City Planner dated May 27, 2009. 2. Report to Planning Commission. 3. Planning Commission Minutes: Dated 4/16/09&5/21/09. 4. Proposed Resolution. MOTION: I move to approve Resolution No. approving the special permit for the location of a Salvation Army Corp Community building in a C-1 and C-3 Zoning District in the 1900 Block of West Lewis Street, as recommended by the Planning Commission. 9. UNFINISHED BUSINESS: (none) 10. NEW BUSINESS: (a) Memorial Pool Renovation: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated May 21, 2009. 2. Quotation from Myrtha Pools. MOTION: I move to authorize the purchase of materials for the renovation of Memorial Pool from Myrtha Pools in an amount not to exceed$420,000 plus applicable sales tax. (b) Professional Services Agreement with HDR Engineering, Inc. for Heritage Railspur Project: 1. Agenda Report from Robert J. Alberts, Public Works Director dated May 27, 2009. 2. Professional Services Agreement. 3. Vicinity Map. MOTION: I move to approve the Professional Services Agreement with HDR Engineering, Inc., authorizing engineering services on a time and material basis not to exceed $43,000 for the Heritage Railspur Project and further, authorize the City Manager to sign the agreement. *(c) Sale of Surplus Property: 2607 W Brown: 1. Agenda Report from Debbie Clark, City Clerk dated May 27, 2009. 2. Vicinity Map. 3. Resolution No. 3149. MOTION: I move to authorize the sale of surplus property located at 2607 W Brown to Jan Tidrick for $38,050 and further, authorize the City Manager to sign all documents necessary to execute the sale. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter Regular Meeting 4 June 1, 2009 REMINDERS: 1. 1:30 p.m., Monday, June 1, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; AL YENNEY, Alt.) 2. 12:00 p.m., Wednesday, June 3, 2601 N. Capitol Avenue—Franklin County Mosquito Control District Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 3. 11:00 a.m., Thursday, June 4, Columbia Basin College near Argent Road main entrance — groundbreaking of the new Center for Career and Technical Education. (ALL COUNCILMEMEBERS INVITED TO ATTEND) 4. 5:30 p.m., Thursday, June 4, Parks&Rec. Classroom—Parks&Recreation Advisory Council Meeting. (COUNCILMEMBER REBECCA FRANCIK,Rep.; MIKE GARRISON, Alt.) 5. 9:30 a.m., Friday,June 5, KONA—KONA Mayor's Report. (MAYOR JOYCE OLSON) MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 18, 2009 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, and Matt Watkins. Mr. Yenney was excused. Staff present: Gary Crutchfield, City Manager; Eric Butterworth, Acting City Attorney; Stan Strebel, Administrative & Community Services Director; Dave McDonald, City Planner; Bob Alberts, Public Works Director; Denis Austin, Police Chief; Bob Gear, Fire Chief; Jess Greenough, Field Division Manager and Angie Pitman, Block Grant Administrator. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated May 4, 2009. (b) Bills and Communications: To approve General Claims in the amount of$1,618,378.64 ($110,021.13 in the form of Wire Transfer Nos. 5203 and 5208; and $1,508,357.51 consisting of Claim Warrants numbered 171529 through 171764). 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$174,934.70 and, of that amount, authorize $128,737.76 be turned over for collection. (c) Appointments to Parks & Recreation Advisory Council: To reappoint Cheryl Smyth to Position No. 3 and Edmon Daniels to Position No. 5 (both with the expiration date of 2/2/2012) to the Parks & Recreation Advisory Council. (d) Consultant for Tri-Cities Consolidated Plan 2010-2014 Update: To approve the HOME Consortium Agreement with John Epler& Associates for preparation of an update to the Tri-Cities Consolidated Plan 2010-2014 in an amount not to exceed $10,224 and, further, authorize the City Manager to sign the contract documents. (e) 2008 Fire Department Performance Report: To accept and approve the 2008 Pasco Fire Department Performance Report. (f) Resolution No. 3159, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Spokane Street, Duluth Street, Montana Avenue, Colorado Avenue and Utah Avenue. To approve Resolution No. 3159, setting 7:00 p.m., Monday,June 15, 2009 as the time and date to conduct a public hearing to consider vacating portions of the street right-of- way adjacent to Blocks 6, 7 and 8 of Freys Addition. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. 1 3(a)-1 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 18, 2009 PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Olson presented a Proclamation to Pat McKeever, Heavy Equipment Operator, Public Works employee since February 1973, proclaiming May 17-23, 2009 "Public Works Week." REPORTS FROM COMMITTEES AND/OR OFFICERS: Mayor Olson acted as a judge at McGee Elementary School Science Fair, gave a welcome address at WA Public Ports Association conference, and participated in filming a welcome video for TC Visitor and Convention Bureau. Mr. Larsen attended the Senior Citizens Advisory Committee meeting, Franklin Co. Solid Waste Advisory Committee meeting, BF Council of Governments meeting and the National Animal Identification System meeting. Mr. Watkins participated, as an alternate, in the Franklin Co. Solid Waste Advisory Committee meeting. Mr. Hoffinann attended the BFCG Tri-Mats Policy Advisory Committee meeting and with Mr. Yenney attended the Animal Shelter Needs Assessment Committee meeting. UNFINISHED BUSINESS: Ordinance No. 3919, an Ordinance vacating a portion of Salt Lake Street and Colorado Avenue. MOTION: Mr. Watkins moved to adopt Ordinance No. 3919, an Ordinance vacating a portion of Salt Lake Street and Colorado Avenue and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: Community Survey: MOTION: Mr. Watkins moved to authorize the City Manager to contract for conduct of the 2009 National Citizen Survey, not to exceed $11,000. Mr. Garrison seconded. Motion carried unanimously. Contract for 5th and Ainsworth Infill Construction Project: MOTION: Mr. Watkins moved to award the low bid for the 5th and Ainsworth Infill Construction (Project No. CDBG09-003), to Titan Homes for the total amount of $382,928 including sales tax and, further, authorize the City Manager to sign the contract documents. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Ms. Bernice Woodbury, 4221 Riverhaven; Ms. Dollyann Grimes, 921 Rd 37; and Mr. Rob Dupuy, 6220 W Richardson, addressed Council about their belief of negative effects of fluoride added to public water systems. ADJOURNMENT: There being no fiirther business, the meeting was adjourned at 7:44 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 1St day of June, 2009. 2 CITY OF PASCO Council Meeting of: June 1, 2009 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the unqor 1by certify under penalty of perjury that the materials have been furnished, the services ren rformed as described herein and that the claim is a just, due and unpaid obligation a ha we are authorized to authenticate and certify to said claim. Gary Crut James W. Chase, Finance Manager We,the u ndersigned 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 5211 and 5215 in the amount of$85,298.65, have been authorized;that Check No.s 171765 through 171938 are approved for payment in the amount of$1,266,864.17, for a combined total of$1,352,162.82 on this 1st day of June, 2009. Councilmember Councilmember SUMMARY OF CLAIMSfWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 2,623.01 Judicial 5,884.64 Executive 1,617.42 Police 207,103.34 Fire 10,547.07 Administration&Community Services 35,196.55 Community Development 6,849.26 Engineering 1,659.95 Non-Departmental 46,868.75 Library 103,069.45 TOTAL GENERAL FUND: 421,419.44 STREET 40,332.09 C. D. BLOCK GRANT 61,912.19 KING COMMUNITY CENTER 1,665.47 AMBULANCE SERVICE 4,574.34 CEMETERY 614-81 ATHLETIC PROGRAMS 97.43 SENIOR CENTER 3,223.40 MULTI MODAL FACILITY 2,470.02 RIVERSHORE TRAIL& MARINA MAIN 660.84 LITTER CONTROL 0.00 REVOLVING ABATEMENT 69,506.09 CAPITAL IMPROVEMENT 4,736.84 TRAC DEVEL& OPERATING 16,135.25 STADIUM/CONVENTION CENTER 11,061.76 SPECIAL ASSESSMNT LODGING 15,181,52 METRO DRUG TASK FORCE 3,309.80 METRO DRUG FORFEITURE FUND 3,309.09 GENERAL CONSTRUCTION 0.00 WATER/SEWER 449,062.70 EQUIPMENT RENTAL-OPERATING 21,682.46 EQUIPMENT RENTAL-REPLACEMENT 26,946.71 MEDICAUDENTAL INSURANCE 85,298.65 CENTRAL STORES 583.74 PUBLIC FACILITIES DIST 22,931.70 PAYROLL CLEARING 39,172.63 LID CONSTRUCTION 0.00 TRI CITY ANIMAL CONTROL 46,273.85 GRAND TOTAL ALL FUNDS: $ 1,352,162.82 3(b).i CITY OF PASCO Council Meeting of: Payroll Approval June 1, 2009 The City Council City of Pasco Franklin County, Washington The follow jap is a summary of payroll claims against the City of Pasco for the month of May 2009 whi a e pr me erewith for your review and approval. a Gary . Crutchfi , Cky Manager James W. Chas inancial 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. 39576 through 39671 and EFT deposit No's. 30030093 through 30030643 and City contributions in the aggregate amount of$1,857,667.18 are approved for payment on this 1 st day of June 2009. Council member Council member SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 6,770.22 Judicial 71,522.99 Executive 49,176.56 Police 536,886.64 Fire 266,198.68 Administrative & Community Services 254,561.57 Community Development 79,042.21 Engineering 72,826.97 TOTAL GENERAL FUND 1,336,985.84 CITY STREET 33,247.62 BLOCK GRANT 8,469.19 MARTIN LUTHER KING CENTER 5,574.16 AMBULANCE SERVICE FUND 117,734.79 CEMETERY 13,011.90 ATHLETIC FUND 2,050.56 SENIOR CENTER 12,872.79 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 8,816.39 WATER/SEWER 293,965.77 EQUIPMENT RENTAL-OPERATING 24,938.17 GRAND TOTAL ALL FUNDS $ 1,857,667.18 Payroll Summary Net Payroll 878,027.16 Employee Deductions 534,341.34 Gross Payroll 1,412,368.50 City of Pasco Contributions 445,298.68 Total Payroll $ 1,857,667.18 3(V)r2 AGENDA REPORT NO. 21 FOR: City Council May 20, 2009 TO: Gary Crutchfield, ager FROM: Robert J. Albe 0, z orks Director Workshop Mtg.: 05/26/09 Regular Mtg.: 06/01/09 SUBJECT: Public Road and Utility Easement for Powerline Road I. REFERENCE(S): 1. Vicinity Map 2. Public Road and Utility Easement 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 0$/26: Discussion 06/01: MOTION: I move to accept the Public Road and Utility Easements as granted by Jerry Randal Burgess on Tax Parcel No. 115-120- 013, from Lee Eickmeyer, Jacqueline Hanson, and Randy Mullen on Tax Parcel No. 115-170-080 and from Lee Eickmeyer, Jacqueline Hanson, Randy Mullen, Mark Sullivan and Mary Jo Sullivan on Tax Parcel No. 115-170-066. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) On July 7, 2008 Council adopted the Six Year Transportation Improvement Plan which includes the construction of Powerline Road between Road 68 and Road 100. On March 11, 2009, the City received notice that stimulus funding would be available for this project in the amount of $750,000.00, combined with $250,000.00 in local funds. V. DISCUSSION: A) Powerline Road is anticipated to be a four(4) lane road in the future. This project is to build two (2) of the four (4) lanes of Powerline Road using stimulus funds. The road will be widened to four (4) lanes in the future when development occurs to the north. Three property owners have signed Public Road and Utility Easements in order for the project to be constructed. The width of easements varies between properties because of existing rights-of-ways on portions of some parcels and not others. The easements granted provide sufficient room to construct a two lane road on the north portion of the easement. Additional rights- of-way will be obtained in the future when development occurs to the north. Staff recommends acceptance of the easement from Jerry Randal Burgess (Tax Parcel No. 115-120-013, from Lee Eickmeyer, Jacqueline Hanson, and Randy Mullen on Tax Parcel No. 115-170-080 and from Lee Eickmeyer, Jacqueline Hanson, Randy Mullen, Mark Sullivan and Mary Jo Sullivan on Tax Parcel No. 115-170-066. 3(c) ���,. ww•5:. .Fit y. � � � "a A :s te. v _ Y joh16 At t i c r. w aR +•� '3k; rn C 'f. ' l� '.� ja ,cY t r5 �,yf,�'^�-Lt 4 ���y",:• ��i v�`, •'�' f is •••'� ,7S �\" �,;�,r.,9e..; _... . ti. �'#c.n 'a � '� ... ,_. ...-... .,...ti.,,....Y.--`.r'-w•�.�•'�,.....w;...,.,,.v...,w-+.wra•.-,._.-...... V99 • = M1 ". ELF i •• y2r �g r 4 •x; ��.' I� � ..;.!ems r ,�/# �'(�• t� 1•�.� ,:tj ,�,`,'"'�' . ��'.e! yr.��uH lc �- t' � t t 1"i. 'Sit •,.-`' :� '� { � ..- #' 4 r �' FWD .•�'a s��x�s4 r sat:S`,�°}.; �: }ti f.. +• '.•1., ''F��`�,'�j �.l.., .. ,A �`.`�.''��� �wk'Yk.:.4 k.!_:!`a x�r� v..a. ..:N '-'�'.'PS't�.'` NA-. ,..L�, k�.. <.'e"� • � ` ' i� After Recording,Return To: City of Pasco, Washington Attn: City Planner 525 North 3`d Pasco, WA 99301 PUBLIC ROAD AND UTILITY EASEMENT Tax Parcel No. 115-120-013 THE GRANTOR(S),Burgess Family Trust,Jerry Randal Burgess Trustee,hereby grant to the GRANTEE,THE CITY OF PASCO,a Municipal Corporation of the State of Washington,the non-exclusive right and easement to construct,operate,and maintain a two lane public highway and public utilities, including water, sewer, irrigation, street lighting, landscaping and storm drainage conveyance, treatment, and disposal systems within a 18.00-foot wide strip of land located in a portion of the Southwest quarter of Section 4, Township 9 North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows: The South 18.00 feet of the Southwest quarter of the Southwest quarter of said Section 4. Containing 0.56 acres, (24,321 square feet) more or less. ALSO TOGETHER WITH AND SUBJECT TO easements,reservations, covenants and restrictions apparent or of record. IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first written below. DATED this 1 day of , 2009. Easement Burgess.doc 1 of 2 GRANTORS: I A'tA-f'4CA erry R&dat Burges , Trustee Burgess Family Trust STATE OF WASHINGTON ) r : ss. County Of The foregoing instrument was acknowledged before me this l day of Z.7 2009,by Jerry Randal Burgess,Trustee.```\��������„������ P4. TIMA"#it, 0NiE.—' ntName: L. O R I A '$��, N'O a jTARY PUBLIC in and for the Sta of WaKbington ,0 (PW3�Commission Expires: 5— 5'-.—DD ft j 1z y1+1i'IF 01 F`W,&5'r�� Easement Burgess.doc 2 of 2 DONATION STATEMENT Burgess Family Trust May 1, 2009 Our donation for the purposes of an easement for that portion of Parcel 9 115-120-013, more specifically: An 18.00-foot wide strip of land located in a portion of the Southwest quarter of the Southwest quarter of Section 4, Township 9 North,Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows: The South 18.00 feet of the Southwest quarter of the Southwest quarter of said Section 4. Containing 0.56 acres, (24,321 square feet)more or less. is made to the City of Pasco for the purpose of highway/transportation purposes is made voluntarily and with full knowledge of our entitlement to receive just compensation. Therefore we hereby release the City of Pasco from obtaining an appraisal of the acquired property. Agreed to by: 1."d / L ferryouidal BurgesK, Trustee Burgess Family Trust After Recording,Return To: City of Pasco, Washington Attn: Robert Alberts, Public Works Director 525 North 3`d Pasco, WA 99301 PUBLIC ROAD AND UTILITY EASEMENT Tax Parcel No. 115-170-084 THE GRANTORS),Lee Eickmeyer,Jacqueline Hanson,and Randy Mullen,hereby grant to the GRANTEE,THE CITY OF PASCO,a Municipal Corporation of the State of Washington, the non-exclusive right and easement to construct,operate,and maintain a two lane public highway and public utilities,including water,sewer,irrigation,street lighting,landscaping and storm drainage conveyance, treatment, and disposal systems within a 50.00-foot wide strip of land located in a portion of the Southwest quarter of Section 5, Township 9 North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows: The South 50.00 feet of the Southwest quarter of said Section 5. Containing 3.05 acres, more or less. ALSO TOGETHER WITH AND SUBJECT TO easements, reservations, covenants and restrictions apparent or of record. IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first written below. DATED this 20 day of , 2009. GRANTORS: ee rg�ey r ? cque ine Hanson Ran y Pullen Easment Eickmeye 1 of 2 STATE OF WASHINGTON ) ss. County of �tYl ) T �IP#i ,A it was acknowledged before me this ✓G day of �V"Vi 2009,by Lee Eickmeyer. V �OTAR p Print e: L BLS Q NOTARY PUBLIC to and for the State of Washington J'J.0A ��a z� My Commission Expires: _ iC 1 3ClU -9T , U� STATE OF WASHINGTON } ss. County of The foregoing instrument was acknowledged before me this 63� day of 2009, by Jacqueline _H till11rr► • i Print Name: Ct r • ' Q NOTARY PUBLIC in and for the State of Washington a � My Commission Expires: 3 STATE OF WASHINGTON ) ss. County of t, The forego,RW jWxru ment was acknowledged before me this oir� day of f s'f�- 2009,by Randy Mullen. low.,ri mac: ♦ ...� l.���/�i. fI- ," / Print Name: NOTARY PUBLIC in and for the State of Washington � _ 5 My Commission Expires: 0 Lo- Z ?— 9,01 0 Easme� l� � �` 2 of 2 DONATION STATEMENT Lee Eickmeyer, Jacqueline Hanson, and Randy Mullen April 8, 2009 Our donation of an easement across that portion of Parcel 4 115-170-084, more specifically: A 50.00-foot wide strip of land located in a portion of the Southwest quarter of Section 5, Township 9 North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows: The South 50.00 feet of the Southwest quarter of said Section 5. Which contains 3.05 acres, more or less. is made to the City of Pasco for the purpose of highway/transportation purposes is made voluntarily and with full knowledge of our entitlement to receive just compensation. Therefore we hereby release the City of Pasco from obtaining an appraisal of the acquired property. Agreed to by: AAAjQ 5 s' ee Beyer acquel ne Hans n Rand Mullen After Recording, Return To: City of Pasco, Washington Attn: Robert Alberts, Public Works Director 525 North 3r° Pasco, WA 99301 PUBLIC ROAD AND UTILITY EASEMENT Tax Parcel No. 115-170-066 THE GRANTOR(S), Lee Eickmeyer, Jacqueline Hanson, Randy Mullen, Mark Sullivan, and Mary Jo Sullivan hereby grant to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington,the non-exclusive right and easement to construct,operate, and maintain a two lane public highway and public utilities,including water,sewer,irrigation,street lighting, landscaping and storm drainage conveyance, treatment, and disposal systems within a 50.00 foot and 18 -foot wide strip of land located in a portion of the Southwest quarter of Section 5, Township 9 North, Range 29 East,Willamette Meridian,Franklin County,Washington,described as follows: A 50.00-foot wide strip of land located in a portion of the Southwest quarter of the Southeast quarter of Section 5, Township 9 North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows: The South 50.00 feet of the West 370.00 feet of the Southwest quarter of the Southeast quarter of said Section 5. Containing 0.43 acres, (18,535 square feet) more or less. ALSO an 18.00-foot wide strip of land located in a portion of the Southeast quarter of Section 5, Township 9 North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows: The South 18.00 feet of the Southeast quarter of said Section 5, EXCEPT the West 370.00 feet thereof. Containing 0.94 acres, (41,082 square feet) more or less. Easment Mullen 1 of 4 ALSO TOGETHER WITH AND SUBJECT TO easements, reservations, covenants and restrictions apparent or of record. IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first written below. DATED this day of Aipkl 1 , 2009. GRANTORS: ee c mpyer ,' cque ine Hanson ' Randy ull aj4 k S A iv `,f� i �l Miry Jo livan STATE OF WASHINGTON ) ss. County of '1 ) 4 E 4. Ssioy O sing in 9 was acknowledged before me this day of . ( 2009,by Lee Eickmeyer. CO d Z,OTA*.v u, -\ 1 r lirj��1C Print Name: � 41 f, (A D14;�� (P p?, ����.` NOTARY PUBLId in and for the State of Washington '9 0egp 21 ,�,. My Commission Expires: ID STATE OF WASHINGTON } ss. County of la/1 ) The foregoing instrument was acknowledged before me this day of&Atj�_2009, by Jacqueline Hanson. Easment Mullen 2 of 4 :ti.•ti\\\ltiti{ gv� y �T'� � 1100 Print Name: b y ' • !" s NOTARY PUBLIC in and for the State of Washington My Commission Expires: Illm \ 1 STATE OF WASHINGTON ) ss. County of k -" ) The foregoing instrument was acknowledged before me this !s:day ofd L 2009,by Randy Mullen. { �. } "tt Print Name: _?_X12 �v I[ C'�ftz .4 Y �-nk NOTARY PUBLIC in and for the State of Washington My Commission Expires: 6(o-V7- 2-0 ap .• ';� gin. h� < l� OZ.' STA I��at,^• TON ) ss. County of EiUnkln } The foregoing instrument was acknowledged before me this 21 day of 2009,by Mark Sullivan `��1{fff/l� JLd. Vic- a` S Pri t Name: �il }1 p a ��)i n i ` •��, m ;1; s NOTARY PUBLIC in and for the State of Washington f6l�� S My Commission Expires: w: NOTAR), =• PUBLIC :w4 a 11.• 10 wf ,,t0``� Easment Mullen 3 of 4 STATE OF WASHINGTON ) ss. County of The foregoing instrument was acknowledged before me this 2j— day of_ r,2009, by Mary Jo Sullivan _ TT Prin ame: ' NOTARY PUBLIC in and for the tare of Washington My Commission Expires: ;�KOTAHYF�' * °* PUBLIG ; orfw� ``'` Easement Mullen.doc 4 of 4 DONATION STATEMENT April 8, 2009 Lee Eickmeyer, Jacqueline Hanson, Randy Mullen, Mark Sullivan, and Mary Jo Sullivan Our donation of an easement across that portion of Parcel 4 115-170-066, more specifically: A 50.00-foot wide strip of land located in a portion of the Southwest quarter of the Southeast quarter of Section 5, Township 9 North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows: The South 50.00 feet of the West 370.00 feet of the Southwest quarter of the Southeast quarter of said Section 5. Containing 0.43 acres, (18,535 square feet) more or less. ALSO an 18.00-foot wide strip of land located in a portion of the Southeast quarter of Section 5, Township 9 North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows: The South 18.00 feet of the Southeast quarter of said Section 5, EXCEPT the West 370.00 feet thereof. Containing 0.94 acres, (41,082 square feet) more or less. is made to the City of Pasco for the purpose of highway/transportation purposes is made voluntarily and with full knowledge of our entitlement to receive just compensation. Therefore we hereby release the City of Pasco from obtaining an appraisal of the acquired property. Agreed to by: lFickmeyer cquel' e Hanson Randy M llen Mar Sullivan ;'Tf M Jo Tfi an AGENDA REPORT FOR: City Council May 21, 2009 TO: Gary Crutch 1 ty Manager Workshop Mtg.: 5/26109 Rick White, Regular Mtg.: 6/1/09 Community & Economic Development Director FROM: Angie Pitman, CDBG Administrator SUBJECT: 2008 Communi1y Development Block Grant Allocations and Annual Work Plan for American Recovery and Reinvestment Act of 2009 Entitlement (CDBG-R) I. REFERENCE(S): 1. CDBG Recovery Act Proposal Summary 2. Planning Commission Meeting Minutes dated April 16, 2009 and May 21, 2009 3. Resolution Approving CDBG-R Work Plan II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 5126/09: DISCUSSION 6/1/09: MOTION: I move to approve Resolution No. , amending the City's 2008 CDBG-R Allocations and Annual Work Plan. III. FISCAL IMPACT: $163,082 in Federal CDBG-R Entitlement Funds IV. HISTORY AND FACTS BRIEF: A) The purpose of the American Recovery and Reinvestment Act of 2009 is an effort to jumpstart the economy, create or save jobs, and address underfunded challenges in our country. The City of Pasco received an additional entitlement of$163,082 by formula grant from the $1 billion stimulus funds allocated for Community Development Block Grant Recovery activities (CDBG-R). B) Communities receiving CDBG-R stimulus funds are permitted to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services. Priority must be given to projects that can award contracts based on bids within 120 days. C) A substantial amendment to the 2008 Annual Action Plan is required for use of the funds. The action plan amendment is due to HUD by June 5, 2009. HUD shortened the public review period to seven (7) days to assist in meeting this goal. Grantees are permitted to use up to 10% of the entitlement for allowable administrative and planning purposes. V. DISCUSSION: A) Notices were posted in the Tri-City Herald and La Voz Hispanic Newspapers advising that public hearings were to be held before the Planning Commission on April 16 and May 21, 2009 to discuss proposed allocations and annual work plan options for CDBG-R funds totaling $163,082. B) An approved work plan forms the basis for the substantial amendment required by HUD. The City accepted unsolicited proposals from Administrative & Community Services, Boys & Girls Club, and Public Works for four distinct projects. Presentations of proposed projects were heard before the Planning Commission (minutes attached), and the proposed work plans below were reviewed. C) Consider CDBG Recovery Act Proposal Summary for action at the June 1, 2009 Regular meeting. 3(d) CDBG RECOVERY ACT PROPOSAL SUMMARY NonCDBG PLANNING CITY LOCID Recipients ACTIVITY!AGENCY CDBG FUNDS STAFF COMMISSION COUNCIL NAME REQUEST Contribution RECOMMEND RECOMMEND APPROVAL City of Pasco-Comm Planning& 30 Dev Administration $16,308,00 $0.00 $10,000.00. $10,000.00 $0.00 Boys&Girls Club of Boys&Girls Club Benton& Franklin Improvements&Energy '31 Counties Efficient Lighting 132 593.00 $0.00 $126,082.00 $126,082.00 $0.00 Boys&Girls Club 32 City of Pasco-ACS Parking Lot Resurfacing $27,000-00 $0.00 $27,000-00 $27,000.00 0.00 Martin Luther King Center- HVAC &Hot Water Heater Energy 33 1 City of Pasco-ACS Efficient Improvements $85,000.00 $0.00 $0.00 $0.00 $0.00 Kurtzman Park City of Pasco-Public Sidewalk, Curb, Gutter& 34 Works Roadway Improvements $163,082.00 $0.00 $0.00 $0.00 $0.00 $423,983.00, $0.00 $163,082.00 $163,082-00 FY 2008 Entitlement $ 163,082 Total Funds Available $ 163,082 Proposals Received $ 423,983 SURPLUS/DEFICIT $ (260,901) ' Breakdown for Boys& Girls Club Proposed Projects NonCDBG PLANNING CITY LOCID Recipients ACTIVITY t AGENCY CDBG FUNDS STAFF COMMISSION COUNCIL NAME REQUEST Contribution RECOMMEND RECOMMEND APPROVAL Boys its Club of ropose improvements Benton &Franklin &energy efficient 31 1 Counties projects.- Lighting&Control Point $18,628.00 118,628,00 $18,628-00 Gym Roof Replacement $25,000.00 $25,000-00 $25,000.00 Energy Efficient HVAC& Liahtina $30,970.00 $24,459-00 $24,459.00 Hallway Floor Seal& Carpet Tile $20,795.00 $20,795.00 $20.795.00 Classroom flooring replacement $37,200.00 $37,200.00 $37,200.00 $132,593.00, $126,082.00 $126,082.00 CDBG RECOVERY ACT PROPOSAL SUMMARY Boys & Girls Club Energy Efficient Improvements - Requested: $132,593 Recommended: $126,082 The Boys & Girls Club received $156,000 in 2008 to remodel the games room. This project required installation of fire doors resulting in the removal of a traffic control check point from the project. In 2007, two of three aging roofs on the facility were replaced further improving energy efficiency at the facility. Additional funds are being requested as follows: • Replace original gymnasium light fixtures from 1954 with modern, energy efficient lights, provide a check gate for traffic control within the center removed from the 2008 scope of work($18,628), - • Replace the one aged roof remaining on the facility from prior projects ($25,000), • Make energy efficient improvements to the existing HVAC system and facility lighting ($30,970), • Seal asbestos hallway floor tiles with carpet tile ($20,795), • Replace classroom flooring in two rooms ($37,200), and Overall these public facility improvements would improve programmable space with enhanced safety and energy efficient features. The Boys & Girls Club is requesting $132,593 for these additional projects, $126,082 is recommended. Currently the Boy & Girls Club is approved for $50,000 in program year 2009 to remodel the stage area of the gymnasium to improve program area for the kindergarten. The additional tasks recommended above would increase the project cost by $126,082, bringing the combined contract ceiling for these projects to $176,082 if funded. The public facility improvements would benefit low-moderate income children in Census Tracts 201, 202, 203 and 204. Boys & Girls Club Parking Lot Resurfacing-Requested: $27,000 Recommended: $27,000 The current condition of the parking lot does not allow people with disabilities to travel free of hazards. The existing parking lot at this facility has lifts as high as 4 inches, creating trip hazards. Existing cracks have allowed water to penetrate under the asphalt, compromising the integrity of the parking lot and further compounding the problem. This proposed project would remove all of the asphalt and repair grading to allow for proper control of storm water. This parking lot would be tied in with the existing parking lot to the south of the building, creating a uniform parking lot free of hazards. The public facility improvements would benefit low-moderate income people in Census Tracts 201, 202, 203 and 204. The proposed project would utilize $27,000 if funded. ARRA Program Administration - Requested: $16,308 Recommended: $10,000 Program administration for the American Reinvestment Recovery Act has been capped at 10% in comparison to the 20% normally allowable for CDBG entitlement funds. This program requires CDBG RECOVERY ACT PROPOSAL SUMMARY much more reporting to meet the stringent guidelines for transparency set for all stimulus funds. These administrative funds pay for planning and administration in direct connection with monitoring expenditure of these funds. Due to the shortened timelines, day-to-day monitoring will most likely be required to meet these requirements. Martin Luther King Center HVAC System - Requested: $85,000 Recommended: $0 The HVAC system at the Martin Luther King Center is 35 years old and in need of replacement. Two units that failed were replaced at the facility in 2008, there are five units remaining to be replaced. In addition, there are six aging hot water heaters that are incorrectly sized. For better energy efficiency and enhanced safety they will be replaced with six instant hot water heaters. The Martin Luther King Center is requesting$85,000 for this project. Currently, MLK Center is approved for $100,000 in program year 2009 for completion of the gym remodel project begun in 2007. This prior year project has $32,446 available as carry over bringing the project funding to $132,446. This project is recommended for Energy Efficiency and Conservation Block Grant Funding which would result in improved energy efficiency at this public facility. This project benefits primarily low-moderate income youth and their families in Census Tracts 201, and 202. Kurtzman Park Neighborhood Improvement Plan -Requested: $163,082 Recommended: $0 In 2007, Council approved the Neighborhood Improvement Plan for Kurtzman Park. Neighborhood meetings identified street lights, sidewalks, code enforcement and an increased police presence as priority needs. Further analysis of neighborhood needs indicated replacement of water/sewer infrastructure and roadway improvements were also necessary. A significant amendment in 2008 provided $40,000 for project design. The project design did not move forward in 2008, therefore, all but $4,965 was reallocated for Volunteer and Kurtzman Parks pubic facility projects. An Environmental Assessment is currently underway. The Kurtzman Park Neighborhood Improvement Plan is requesting $163,082 in additional funding, or any portion thereof. Currently the Kurtzman Park Neighborhood Improvement Plan is approved for $294,175 for roadway improvements in 2009 together with the 2008 carryover the available balance is $299,140. Due to the accelerated timelines required for Recovery Act, this project would be inappropriate for funding due to time constraints imposed by the legal requirement for this proj ect REGULAR MEETING April lb, 2009 PLANNING COMMISSION MEETING C. CDBG American Recovery and Reinvestment Act (ARRA) of 2009 CDBG Formula Allocation (City Wide) (MF# CDBG 09-002) Chairman Samuel read the master file number and asked for comments from staff. Staff stated the hearing was the first step in the process of allocating funds from the American Recovery and Reinvestment Act of 2009. In February 2009, Title 12 of the Act allocated approximately $1 billion for Community Development Block Grant activities. In March 2009, the City of Pasco received notification from HUD that the City received an entitlement of $163,082 for block grant activities. The use of these funds, as with the regular entitlement, requires an amendment to the 2009 Annual Action Plan because these additional funds are above and beyond the regular entitlement. HUD expects to release funds around July 15, 2009. Selected projects need to meet the criteria of being able to award contracts within 120 days of release of funds. The purpose of the Recovery Act of 2009 is to jump start the economy by creating and saving jobs and addressing underfunded challenges. It allocates $1 billion for community block grant activities that are specifically directed at revitalizing neighborhoods, economic development activities and improving community facilities and services. In Pasco, revitalizing neighborhoods and improvement of community facilities are typically underfunded activities. We currently do not have any economic development projects ready to move forward. For the entitlement of $163,082, there were three unsolicited proposals received totaling $349,705. The 2005-2009 Consolidated Plan was used to evaluate the proposals. The proposals need to meet the same criteria as for regular entitlement projects. They were checked for eligibility, whether or not they meet the national objective of benefitting low-moderate income people, and whether they meet a priority need within the City of Pasco. After the City determines how the funds should be allocated, projects funded would be rolled into the Annual Action Plan by way of a significant amendment. This planning document encourages public participation and serves as the application for the formula grant programs. It identifies community needs and priorities, and develops strategies to meet those needs. Once HUD makes the decision to the release funds, there will only be four weeks to submit the plan. It is anticipated that they will shorten the public review period from 30 days to 12 days to expedite this process. Chairman Samuel asked what criteria were used to determine how much money the City of Pasco would receive. Mrs. Pitman stated it is based on the same formula that was used in determining the regular entitlement. It uses information such as housing conditions and poverty conditions within the community. Chairman Samuel asked if there was anything the City could do to increase the ability to attract these funds other than we don't want the City to be poor or homeless to attract these funds. Mrs. Pitman stated that is the only way and if we are successful over the years we will receive less. Chairman Samuel opened the hearing for public comment. Ron McHenry, Vice-President Boys and Girls Club, 801 N. 18th Avenue, Pasco represents the Boys and Girls Club of Benton-Franklin Counties who would be a beneficiary under the ARRA funding. Presented pictures of improvements that were recently made with funds provided through the CDBG program. They are requesting funds for improvements to the facility. Tiles in the facility are 56 years old asbestos tiles and need to be replaced, as well as other improvements. The Captain Gray School is being reverted back to an elementary school. With that happening there will be many more elementary school aged children that will need services from the Boys and Girls Club. Chairman Samuel asked about the reduction of $18,600 to provide flooring and whether or not the room would still be usable without the funds. Mr. McHenry stated there are ways they can compromise to make the space usable. Lowe's Store helps to provide maintenance needs; other outside agencies are also involved in donating supplies, etc. Commissioner Rose asked if the Boys and Girls Club received monies from United Way and if so, how is it designated. Mr. McHenry stated they do not receive any monies from United Way. People can designate gifts through the United Way to the organization, but need to be specific when donating. Last year they received $12,873 from United Way designations which goes into a budget of$1.84 million. Chairman Samuel opened the public hearing, after three calls and no response the hearing was closed. REGULAR MEETING May 21, 2009 PLANNING COMMISSION MEETING A. CDBG American Recovery and Reinvestment Act (ARRA) of 2009 CDBG Formula Allocation (City Wide) (MF# CDBG 09-002) Chairman Samuel read the master file number and asked for comments from staff. Staff explained to the Planning Commission at the meeting of April 16, 2009 the purpose of the American Recovery and Reinvestment Act (ARRA) of 2009. The City of Pasco received an entitlement of $163,082 for block grant activities. These funds may be used to carry out a wide range of community development activities directed at revitalizing neighborhoods, economic development and providing improved community facilities and services. Priority must be given to projects that can award based on bids within 120 days. At the time of that meeting, it was thought that an amendment to the 2009 Annual Action Plan would be required. Since that time, HUD has issued the notice and amendment to the 2008 Annual Action Plan will be required. The reason for this has to do with timeliness; it is quicker to use the 2008 funds than 2009. The due date for submission of the plan is June 5, 2009 which accelerates our schedule. Administrative and Planning costs allowable will be 10% of the entitlement. In accordance with the City's Citizen Participation Plan, notices of two public hearings on April 16, 2009 and April 21, 2009 were published in the Tri-City Herald and La Voz Hispanic newspapers. At the April 16, 2009 meeting presentations were heard for proposed projects. In summary, there were four proposals received, two new projects were added for the Boys 8, Girls Club and $10,000 for program administration. Chairman Samuel questioned the reason behind the major change in the proposal summary, in particular, the removal of projects for the Martin Luther King Center. Mrs. Pitman stated the Martin Luther King Center was considered for funding from the Energy Efficiency Conservation Grant, another entitlement the City has received. Chairman Samuel asked if the Boys & Girls Club couldn't get funding somewhere else. Mrs. Pitman answered that it is easier for the City to get funding for the Martin Luther King Center than it is for the Boys 8, Girls Club to get funded. The City owns both buildings, but the Martin Luther King Center is operated by the City and the Boys 8v Girls Club is not. Chairman Samuel opened the hearing for public comment. Ron McHenry, Vice-President Boys and Girls Club, 801 N. 18th Avenue, Pasco represents the Boys and Girls Club of Benton-Franklin Counties made a brief presentation regarding the proposed projects. He added that due to the improvements made at their facility the Boys 8v Girls Club continues to provide additional quality services to the children who attend. Chairman Samuel questioned how many kids benefit from their program. Mr. McHenry stated there are 225 members a day out of this facility. Chairman Samuel asked Mr. McHenry to describe the necessity for the lighting improvements and what would happen if they were not fixed. Mr. McHenry stated the State has required the lighting to be updated due to the type of lighting in the facility and for the safety of the children. The current bulbs contain mercury and fluorescent dust that in the event they explode would cause several small particles to rain down and would be hard to clean up. They have removed some of the lighting fixtures which have decreased the lighting. This proposal would replace the lighting fixtures. Chairman Samuel opened the public hearing, after three calls and no response the hearing was closed. Commissioner Anderson moved, seconded by Commissioner Cruz the Planning Commission recommend the City Council accept Option 2 for a workshop item on May 26, 2009 and action on June 1, 2009. The motion passed unanimously. RESOLUTION NO.`r A RESOLUTION APPROVING AMENDMENT OF THE PROGRAM YEAR 2008 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATIONS AND ANNUAL WORK PLAN FOR CDBG-R ACTIVITIES. WHEREAS, the City received an additional entitlement of$163,082 from HUD from the American Recovery and Reinvestment Act, known as CDBG-R, and budgeted those funds according to program rules and community needs; and WHEREAS, modification to the 2008 Annual Work Plan is now necessary for addition of CDBG-R activities,NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That the Pasco City Council hereby approves additions to the 2008 Annual Work Plan as follows: CDBG-R Action Plan Resolution This Activity 3094 Resolution CDBG-R Program Administration $10,000 Boys & Girls Club Energy Efficiency Lighting 126,082 and other Improvements Boys & Girls Club Parking Lot 27,000 TOTALS $795,656.00 $163,082.00 PASSED by the City Council of the City of Pasco this day of , 2009. CITY OF PASCO: Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council May 26, 2009 TO: Gary Crutchfield, Ci nager Regular Mtg.: 6/1/09 Rick White, f" Community&Economic Development Director FROM: David I. McDonald, City Planner-AP> -, — SUBJECT: STREET VACATION: Tippet Lane (MF#VAC09-010) I. REFERENCES): 1. Vicinity Map 2. Proposed Resolution 3. Vacation Petition II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/1: MOTION: I move to approve Resolution No. , setting 7:00 p.m., Monday, July 6, 2009, as the time and date to conduct a public hearing to consider vacating Tippet Lane. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of property abutting Tippet Lane have petitioned to vacate Tippet Lane. The owners are in the process of building a large potato warehouse on their property. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City-Council meeting available for a public hearing,which provides the statutory 20-day hearing notice, is June 6, 2009. 3(e) j." `ter' �" ',t•:' ^ay�� ,�~ �•I,. 0 ma -. - p' �� '� ;`rye+.'.✓' �C �i'•'�f+� • v.'.,..a.��.".,.dx'�-'G1�r';q��a..�a i _..t�Y•' 'k .fa:' ..v;7"'+, -,ti�:a.;s:,:fit.. •..:'�. . .. ���''.. :t�'j' ! '.a 0.t y.:. :3';:.- �t�' •;-.;�,,:>�:ft� J4 N , ��•:'"' -,� �'"` � ,' �.�*"' �• �ti�gyp• RESOLUTION NO, A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF TIPPET LANE. 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 Tippet Lane, 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 July 6, 2009. 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 1 S`day of June, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney 5 us_3s CC3 o • °� o Q od Q� s) CIO 00, 15 NOiJNlmny MCI Fi1••, � oc � Yd o � o s •� C V o Lm am > .............. FEE $200 CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE #VACD1- C)LO DATE SUBMITTED: x5 ,2-�• I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: Tippett Lane as it extends Easterly from the Past bmintlarU line of Burlington Street, generally described on the attached plat map, and lying Southerly of tax parcels** APPLICANT: PROPERTY OWNED (Legal Description) Print Name: Frank and Janet Tiegs Tax Parcel 113-110-222, Sign Name , ' G ..cq j'�''�'�obeing Short Plat 77-26, '. Address: 4200 W. Ri.verhaven, P�►sc8ot 2; and Tax Parcel Phone # 547-4217 Date 5/21 /Og 113-110-302, being Binding Site Plan 98-6, Lot 1 , all being a Print Name: _ portion of SE 1 /4, 6-9-30 Sign Name: Date Print Name: Sign Name: Date ** 113-110-222 and 113-110-302, both of which are owned by Applicant. AGENDA REPORT NO. 15 FOR: City Council May 26,2009 TO: Gary Crutchfiel CL r Robert J. Albe lic rks Director c FROM: Michael Mc ity Engineer Regular Mtg.: 06/01/09 SUBJECT: Accept 2009 Crack Seal, Project#09-3-03 I. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 06/01: MOTION: I move to approve Resolution No. accepting the work performed by Stripe Rite, Inc., under contract for the 2009 Crack Seal, Project#09-3-03. 111. FISCAL IMPACT: Street Overlay Fund IV. HISTORY AND FACTS BRIEF: A) On March 2, 2009, Council awarded the 2009 Crack Seal, Project #09-3-03 to Stripe Rite, Inc. for $56,064.05. V. DISCUSSION: A) The final project cost was $62,014.05. The overage is due to additional work added to the contract. The work is now complete and staff recommends acceptance of this work. 3(f) RESOLUTION NO. &C,0— A RESOLUTION ACCEPTING WORK PERFORMED BY STRIPE RITE, INC., UNDER CONTRACT FOR THE 2009 CRACK SEAL, PROJECT#09-3-03. WHEREAS, the work performed by STRIPE RITE, INC., under contract for the 2009 Crack Seal, Project #09-3-03, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by Stripe Rite, Inc., under contract for the 2009 Crack Seal, Project #09-3-03, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 1 st day of June, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT FOR: City Council May 26, 2009 TO: Gary Crutchfield, anager Regular Mtg.: 611109 Rick White, E1+, Community&Economic Development Director FROM: David I. McDonald, City Planner — SUBJECT: STREET VACATION: A portion of Montana Avenue(MF# VAC09-008) I. REFERENCES): 1. Vicinity Map 2. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: Conduct Public Hearing: 6I1: MOTION: I move to adopt Ordinance No. , an Ordinance vacating a portion of Montana Avenue and, further, to authorize publication by summary only. 111. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Property owners in the Freys Addition petitioned to vacate Montana Avenue between Salt Lake Street and Pueblo Street. The vacation is being requested to facilitate future commercial development of properties adjoining Montana Avenue. B. The City Council set June 1,2009 as the date to consider the vacation. V. DISCUSSION: A. The proposed street vacation has been reviewed by the City Engineering Department and the utility providers. B. No easements have been requested by utility providers. 7(a) +F. IF dw ' • wZ p, ^. ��: ! • gay S �('.. :�, .. 'fit i•- N, * z4 R1J M w! r 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 MONTANA 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 Montana Avenue from the north right-of-way line of Salt Lake Street to the south right-of-way line of Pueblo Street, as depicted in Exhibit "1" be and the same is hereby vacated subject to the easement retained in Section 2 below. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the northerly 10 feet of the vacated right-of-way described in Section 1 above for the construction, repair and maintenance of public utilities and services. 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 I"day of June, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney O TOO v o � \00,00 .� Ct � L AGENDA REPORT FOR: City Council May 26, 2009 TO: Gary Crutchfield, Ci anager Regular Mtg.: 6/1/09 Rick White, IZV4 Community& Economic Development Director FROM: David I. McDonald, City Planner- %'�`�` SUBJECT: STREET VACATION: A portion of West Park Street (MF# VAC 09-009) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: 611: MOTION: I move to approve Ordinance No. , an Ordinance vacating a portion of West Park Street and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owner of the lot at the northwest corner of Park Street and Road 50 petitioned to vacate the north half of West Park Street adjacent to his lot. The portion of Park Street in question has never been improved and is not planned to be improved. B. The City Council set June 1,2009 as the date to consider the vacation. V. DISCUSSION: A. The north half of West Park Street, west of and adjacent to Road 50, was platted in the late 1970's as a dead end street as part of the Lands of Chidester subdivision. Due to the manner in which the Chidester subdivision was platted it is impossible for West Park Street to be extended west of Road 50. B. The proposed vacation has been reviewed by the City Engineering Department and utility providers. C. No easements have been requested by utility providers. 7(b) s..:r-1t: "�',:,.:_p .,.y .�•t�. •.j �` o '� .�y ate'.• E. s r^�'73' � �}•�-_- :l ..- is .Gt{f1 `� a s •• 4 . Owl 1116 Sig � ► R.0 IF dD 31 1 ` 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 WEST PARK 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 the north half of West Park Street adjacent to Lot 1, Lands of Chidester as depicted in Exhibit "I" be and the same is .hereby vacated subject to the easement retained in Section 2 below. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the south 10 feet of the Salt Lake Street right-of-way vacated in Section 1 above for the construction,repair and maintenance of public utilities and services. 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 0 day of June, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney 81V Gvo0 j � V Q 4-j '; Z 09 GVMJ ct �g G- V . . U •POO Q V � AGENDA REPORT FOR: City Council May 26, 2009 TO: Gary Crutchfield, 1 anager Regular Mtg.: 6/1/09 Rick White, Community& Eco omic Development Director FROM: David I. McDonald, City Planner SUBJECT: REZONE - R-2 (Medium Density Residential) to R-3 (Medium Density Residential) (Chad Bagley) (92124 1h Ave) (MF#Z 09-002) 1. REFERENCE(S): 1. Proposed Rezone Ordinance 2. Planning Commission Report 3. Planning Commission Minutes: Dated 4/16/09 and 5/21/09 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/01: MOTION: I move to adopt Ordinance No. granting a rezone for a parcel of land at 921 North 24`—en e from R-2 to R-3 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 April 16, 2009, the Planning Commission conducted a public hearing to determine whether or not to recommend a rezone from R-2 (Medium Density Residential) to R-3 (Medium Density Residential) for a 1.19 acre parcel located at 921 North 24`h Avenue. B. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend a change in zoning for the property in question. C. No written appeal of the Planning Commission's recommendation has been received. 8(a) ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,AMENDING THE ZONING CLASSIFICATION FOR A PARCEL LOCATED IN A PORTION OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 9 NORTH, RANGE 29 EAST WM., FROM R-2 (MEDIUM DENSITY RESIDENTIAL)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 R-1 (Low Density Residential)to C-1 (Retail Business) for the real property as shown in the Exhibit"1"attached hereto and described as follows: Southwest 1/4 of the Northwest 1/4 of the Southeast '/4 of the Northeast 1/4 of Section 25, Township 9 North, Range 29 East WM Excluding the South 165 ft. 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 I"day of June 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney 3AV GNZZ T FM ct o � W N .� � ct N ant/ Hil7Z d HiSZ REPORT TO PLANNING COMMISSION MASTER FILE NO: Z09-002 APPLICANT: Chad D. Bagley HEARING DATE: 4/ 16/2009 91 Frasier Drive ACTION DATE: 5/21/2009 Pasco, WA 99301 BACKGROUND REQUEST: REZONE: Rezone from R-2 to R-3 (921 N 24th Avenue) 1. PROPERTY DESCRIPTION: Legal: SW 1/4 of the NW 1/4 of the SE 1/4 of the NE 1/4 of Sec 25, T9N, R29E WM Excluding the S 165 ft. General Location: 921 North 24th Avenue Property Size: 1.19 Acres 2. ACCESS: The property has access from north 24th Avenue. 3. UTILITIES: All municipal utilities are available at the site. 4. LAND USE AND ZONING: The site is currently zoned R-2 (Medium Density Residential) and contains a 784 square foot single-family home. Surrounding properties are zoned and developed as follows: East: R-2/Duplexes West: R-2/Single-family South: C-1/Rowena-Chess Elementary School playground North: R-2 and R-3 (Medium Density Residential) four-plexes and a two-story duplex 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for mixed (density) residential uses. This designation encourages the development of 5-20 dwelling units per acre. The criteria for allocation in the Comprehensive Plan Section 3.15 (Volume II, page 38) encourages residential development of lands when sewer is available and where the land is suitable for dwelling sites. Plan Goal H-2 suggests the City should strive to maintain a variety of housing options for the residents of the community. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a Determination of Non-Significance (DNS) in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS The applicant is seeking a rezone for the property in question from the current R-2 zoning to R-3 zoning. The applicant proposes to develop the site in a similar fashion to the surrounding multi-family properties by cleaning the land, extending sewer service into the site and completing any required right-of-way improvements. The property was annexed into the City in 1977 and has remained essentially undeveloped while surrounding properties have developed with duplexes and four-plexes. Since annexation, the properties to the north along Henry Street have developed with four-plexes and the Dani's Addition to the south and west of Rowena Chess Elementary School has developed with four-plexes. Other multi-family and single-family dwellings have been constructed in the neighborhood since 1977. More recently, property located 375 feet to the east on 2nd Avenue has been developed with an apartment complex owned by the Catholic Family Housing Services of Spokane. This 34 unit complex was constructed in 2006. The Pasco Housing Authority also maintains a small complex of duplexes on 1.5 acres directly east of the proposed rezone site. The site benefits from being conveniently located to nearby shopping and employment areas as well as the Ben Franklin Transit transfer station on 22nd Avenue. The Rowena Chess Elementary School is located directly to the south of the site. 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: • Since 1977, when the site was annexed, nearby properties have been zoned R-3 and developed with multi-family dwellings. • The Pasco/Franklin County Housing Authority maintains and operates a complex of duplexes directly east of the proposed rezone site. • The Ben Franklin Transit Authority constructed a transit transfer center on 22nd Avenue approximately 15 years ago. • A number of retail facilities and restaurants have been built on Court Street and 20th Avenue since the property was annexed. • The Rowena Chess School was built directly south of the site in 2003. • Water and sewer utilities have been installed in 24th Avenue and surrounding streets since the property was annexed. 2 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The rezone will enhance development opportunities which may lead to the property being utilized for a productive purpose. Development of the property will eliminate a substandard housing unit and the unkempt condition of the property. 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 would provide the opportunity for additional housing located near shopping and employment centers as-well-as near Transit routes. 4. The effect on the property owners if the request is not granted: The property is currently developed with a small substandard single family home. Razing the house and rebuilding one single-family dwelling is not cost effective. Without the ability to develop the property in a similar manner as nearby properties, it will be difficult to cover the costs of water and sewer improvements. S. The Comprehensive Plan land use designation for the property: The Comprehensive Plan designates the site for mixed residential development. The proposed rezone is for R-3 (Medium Density Residential) which is consistent with the Plan. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is zoned R-2 (Medium Density Residential). 2) The Comprehensive Plan designates the site for mixed residential uses. 3) Mixed residential land uses include densities from 5-20 dwelling units per acre. 4) Nearby properties have been zoned R-3 and developed with multi-family dwellings since the site was annexed in 1977. 3 5) In 2006, a 34 unit housing complex was constructed east of the proposed rezone site on 22nd Avenue. 6) The site is conveniently located near shopping areas, employment areas, and transit routes. 7) Water and sewer utilities are located in 24th Avenue. 8) The site contains a substandard dwelling that is in need of substantial repair and connection to utilities; or demolition. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the PIanning 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 accordance with the goals and policies of the Comprehensive Plan. The proposal supports the 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. According to records Franklin County Assessor records, property values in the neighborhood for both single-family and multi family units have increased over the last 5 years. The proposal will involve the removal of a substandard dwelling from the neighborhood and the redevelopment of the property consistent with development on surrounding properties thereby improving conditions in the neighborhood. (3) There is merit and value in the proposal for the community as a whole. Enabling the property to redevelop will eliminate the unsightly conditions that currently exist as the result of the property being poorly maintained. Cleaning up a mostly vacant property and removing a substandard dwelling has merit and value for the community because it will have a positive impact on the neighborhood and will provide additional housing opportunities for Pasco residents. The proposal also has merit because it will allow infill development to occur consistent with the direction provided in the comprehensive Plan. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposal will eliminate the negative impacts the property currently creates for the neighborhood. 4 (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 for Findings of Fact: I move to adopt findings of fact and the conclusions as contained in the staff report of April 16, 2009, MOTION for Recommendation: I move based on the findings of fact and conclusions there from the Planning Commission recommend the City Council approve the Rezone. 5 F,r'yr. ��, � ,sir..•�� » ��,, _> �,^�,'y{r`"•'""'%w''..i�"..t".,"�2�'.. � 10. ;,;Q.;, _ 4f • - ra+. �'+ . 7 It it et f i - ... �.. . fhr JQ * • I 3 n ✓ ' t;L 44 1 /fir T # /fig-� .• 0 3AV GNZZ i v all-- g E j s � o I 0 co ct cn � � W oVU ° ant/ Hit7Z CIO LL 1� � � l � Cl) a I d I Hi9Z i ant/ CINZZ J N �I d r i r uj cd con F O NU O 3AV Hit7Z Clq Id H �� Planning Commission Minutes 4/16/09 B. Rezone R-2 (Medium Density Residential) to R-3 (Medium Density Residential) (Chad Ba Ig e (921 24th Avenue) MF# Z 09-0021 Chairman Samuel read the master file number and asked for comments from staff. Staff stated the applicant was seeking to rezone a 1.19 acre parcel on N 24th Avenue from R-2 to R-3. Staff reviewed surrounding zoning pointing out the location of existing multi-family buildings in the neighborhood. It was also explained that the property in question was annexed to the City in 1977 and has remained undeveloped as surrounding properties have developed with 4-plexes and duplexes. Staff briefly reviewed the balance of the written report for the benefit of the Planning Commission. Chairman Samuel asked what the difference was between R-2 and R-3 zoning since both were medium density residential. Staff stated the difference is the allowable density. R-2 permits 1 dwelling unit for every 5,000 sq. ft. of land and R-3 permits 1 dwelling unit for every 3,000 square feet. Chairman Samuel asked if the property was not rezoned, would the project still move forward. Staff stated the applicant's development proposal requires a rezone. Chairman Samuel opened the public hearing and asked if there was anyone in the audience that wished to speak on the matter. Chad Bagley, 91 Frasier Drive, Pasco stated he purchased the property with the intent of building six 4-plexes. The property is in need of sewer and water improvements. To make the project feasible, they would need six 4-plexes versus four 4-plexes. Chairman Samuel asked about the timing for the project. Mr. Bagley stated he would like to start in the summer and would stretch out over the next year or two. He plans on building 1-2 buildings at a time. Commissioner Anderson asked about parking needs. Mr. Bagley stated he intend to provide 2 parking stalls per unit as required. Mr. Bagley further stated he would fence the property and fully landscape the property. Mr. Bagley is a landscaping contractor. Chairman Samuel called for public comment three times and with no response, the hearing was closed. Commissioner Kempf moved, seconded by Commissioner Anderson, 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 May 21, 2009 meeting. The motion passed unanimously. Planning Commission Minutes 5/21/09 C. Rezone R-2 (Medium Density Residential) to R-3 (Medium Density Residential) (Chad Bagley) (921 24th Avenue) (MF# Z 09-002) Chairman Samuel read the master file number and asked for comments from staff. Staff had no comments. Commissioner Little moved, seconded by Commissioner Cruz to adopt the findings of fact and the conclusions as contained in the staff report of April 16, 2009. The motion was unanimously approved. Commissioner Little further moved, seconded by Commissioner Cruz based on the findings of fact and conclusions there from the Planning Commission recommend the City Council approve the rezone. The motion was unanimously approved. AGENDA REPORT FOR: City Council May 26, 2009 TO: Gary Crutchf ager Regular Mtg.: 6/1/09 Rick White, Community & E onomic Development Director FROM: David I. McDonald, City Planne SUBJECT: REZONE — Road 76 and Court Street Annexation (City of Pasco) (MF# Z 09- 4 I. REFERENCE(S): 1. Proposed Rezone Ordinance 2. Planning Commission Report 3. Planning Commission Minutes: Dated 5/21/09 1I. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/01: MOTION: I move to adopt Ordinance No. an Ordinance establishing R-S-12 zoning for the Road 76 and Court Street Annexation Area and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On May 4, 2009 the City Council held a public hearing to consider the annexation of approximately 41 acres at the northeast corner of Road 76 and Court Street. Following the hearing an ordinance (#3920) was adopted causing the area in Question to be annexed on June 1, 2009. B. As a part of the annexation process the Planning Commission held a public hearing on May 21, 2009 to develop a recommendation for a zoning designation for the annexation area. The Planning Commission recommended the annexation area be zoned R-S-12. 8(b) ORDINANCE NO. AN ORDINANCE of the City of Pasco,Washington,assigning zoning to certain real property within the City of Pasco. WHEREAS, on May 21, 2009, the Planning Commission of the City of Pasco conducted a public hearing to develop a recommendation for the assignment of zoning to certain properties; in the event those properties were incorporated within the City; and WHEREAS, on June 1, 2009, Ordinance No. 3920, effectively annexed certain real property to the City of Pasco; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described areas, situated in Franklin County, Washington to-wit: Beginning at the intersection of the Southwest corner of Short Plat 2003-26 and the East right-of- way line of Road 80, said intersection being the TRUE POINT OF BEGINNING; Thence Northerly along the East right-of-way line of Road 80 to the Southwest corner of Short Plat 92- 10; Thence Westerly along the Westerly projection of the South line of Short Plat 92-10 to the West right-of-way line of Road 80; Thence Northerly along the West right-of-way line of Road 80 to the intersection with the Westerly projection of the North line of Short Plat 92-10; Thence Easterly along the Westerly projection of the North line of Short Plat 92-10 to the Northwest corner thereof, Thence Easterly along the North line of Short Plat 92-10 to the Northeast corner thereof; Thence Southerly along the East line of Short Plat 92-10 to the intersection with the North line of a parcel described as the South 130 feet of the West 110 feet of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 21, Township 9 North, Range 29 East Willamette Meridian; Thence Easterly along the North line of said parcel to the East line thereof, Thence Southerly along the East line of said parcel to the intersection with the North line of the North half of the Northeast quarter of the Southeast quarter of the Southwest quarter of Section 21, Township 9 North, Range 29 East, Willamette Meridian; Thence Easterly along the North line of the North half of the Northeast quarter of the Southeast quarter of the Southwest quarter of said Section 21 to the West right-of-way line of Road 76 ; Thence Southerly along the West right-of-way line of Road 76 to the intersection with the Westerly projection of the North line of Lot 1, Ter-Ray Estates; Thence Easterly along the Westerly projection of the North line of Lot 1, Ter-Ray Estates to the Northwest corner of Lot 1, Ter-Ray Estates; Thence Easterly along the North line of Lots 1, 2 and 3, Ter-Ray Estates to the Northeast corner of Lot 3, Ter-Ray Estates; Thence Southerly along the East line of Lots 3 and 4 Ter-Ray Estates and continuing Southerly along the East line of the South half of the South half of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 21, Township 9 North, Range 29 East, Willamette Meridian to the intersection with the Southeast corner thereof; Thence Westerly along the South line of the South half of the South half of the Northwest quarter of the Southwest quarter of the Southeast quarter of said Section 21, to the intersection with the East right-of-way line of Road 76; Thence Southerly along the East right- of-way line of Road 76 to the intersection with the North right-of-way line of Court Street; Thence Westerly along the Westerly projection of the North right-of-way line of Court Street to the intersection with the West right-of-way line of Road 76; Thence continuing Westerly along the North right-of-way line of Court Street to the intersection with the Southeast corner of Short Plat 76-10; Thence Northerly along the East line of Short Plat 76-10 to the intersection with the Northeast corner of Lot 2, Short Plat 76-10; Thence Westerly along the North line of Lot 2, Short Plat 76-10 to the TRUE POINT OF BEGINNING; as depicted in the map attached hereto and labeled Exhibit No. "1" be and the same are hereby assigned R-S-12(Suburban Residential)zoning. Section 2. That any and all zoning maps be and the same are hereby amended to conform to the aforesaid assignment of zoning. Section 3. This ordinance shall be immediately in full force and effect. PASSED by the City Council of the City of Pasco this I"day of June,2009. Joyce Olson, Mayor ATTEST: Sandy Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney -2- — 3. ir• ,:1� �; y' �, •..:.:::= � � j fin. '•�� it .fi: � .. t �} � , 4. OEM .. .. or.f, 1 01 is ad a is AA i • t. 1` ,y��v.c•.:.�.,L. �"r''.:�Y;..S}'Y!' �.^'- ��i fir•.. �:i: + �- ;,:..a^1;a�5 � fFG to: " 4 '� � +!A i 4*�:- � ;� .i!°-; =- ,r„�,,,,. 'N:. �,� y� • k: • +# s: :, • - `1 �� F IiLL oiw !f a" s !'�" .',. °-.K-+',per,.. •♦..'� ... ,?f,. PC REPORT TO PLANNING COMMISSION MASTER FILE NO: (MF# Z09-003) APPLICANT: City of Pasco ACTION DATE: 5/21/09 PO Box 293 Pasco, WA BACKGROUND REQUEST: Develop zoning recommendation for the Road 76 & Court Street Annexation Area 1) AREA ID: Area Size: # of Dwellings: Population: Rd 76/Court St 41 Acres 17 Approx. 45 2) UTILITIES: City water lines are located in Road 80, Road 76 and Ter-Ray Court. A sewer line is located in Court Street 3) LAND USE AND ZONING: The proposed annexation area is currently zoned R-S-20 under the County zoning regulations and developed with 17 single-family dwelling units. Lots in the area range from a half acre to about 5 acres in size. Properties in the city to the west are zoned R-S-12 and developed with manufactured homes and a church/school. Properties to the east in the city are zoned R-S-20 and developed with one manufactured dwelling, three site-built dwellings and two churches. 4) COMPREHENSIVE PLAN: The Comprehensive Plan designates the proposed annexation area for low density residential development. 5) 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 In determining the most appropriate zoning for the annexation area the Planning Commission needs to consider the existing land uses, nearby development, zoning, policies of the Comprehensive Plan and the land use designations of the land use map. The Planning Commission also needs to be guided by the criteria in PMC 25.88.060 (as discussed below) in developing a zoning recommendation. The established development trend for the general area around the proposed annexation site can be characterized primarily as low density single-family development. Lot sizes in the general neighborhood range from approximately 1 9,000 square feet (in Ivy Glades) to 5 acres in the less developed areas. Surrounding properties contain manufactured dwellings, site built dwellings and churches. The Comprehensive Plan suggests the County area should be developed with densities of 2 to 5 dwelling units per acre. The property in question is located within the Pasco Urban Growth Boundary and is adjacent to the Ivy Glades subdivision and the Back Roads Country Estates development. To maintain consistency with nearby development patterns and Comprehensive Plan the most appropriate zoning would be a suburban zoning district (R-S-1, R-S-12 or R-S-20). Most of the annexation areas over the past decade or so have been zoned R-S-12. R-S-12 zoning would provide the greatest flexibility for property owners while preserving the suburban nature of the neighborhood. Zoning districts set the minimum standard for lot sizes. It is not mandatory that lots within the R-S- 12 district be limited to just 12,000 square feet. Property owners have the option of developing lots of any size equal to or greater than 12,000 square feet. R-S-12 zoning would provide the flexibility for the owners of the 5 acre parcels in the neighborhood to divide their parcels in the future in a manner that would make it feasible to cover the costs of installing utilities. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: • The properties in question have been annexed to the City of Pasco. • In the recent past, low density single-family home development has occurred in the general vicinity (Ivy Glades, Back Roads Country Estates & Ter-Ray Estates). • A major trunk sewer line was installed in Court Street in 2007. • The Comprehensive Plan designates the property for low density residential uses. • Low density residential uses means 2 to 5 dwelling units per acre. • The property is located within the Pasco urban growth boundary. • The annexation area is less than a mile from the new Chiawana High School. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. The intended character of the area can be maintained by zoning the property to a suburban classification such as R-S-12. This will ensure any future development will occur in a manner consistent with the 2 Comprehensive Plan. Permitting development consistent with the Comprehensive Plan advances the general welfare of the community. 3. The effect it (rezoning) will have on the nature and value of adjoining property and the Comprehensive Plan. Rezoning the property to low density residential such as R-S-12 is supported by the Comprehensive Plan and would be considered a proper implementation of the plan. Rezoning the property to R-S-12 would protect the intended character of the neighborhood and nearby neighborhoods such as Ivy Glades. According to the Franklin County Assessors records (searched in April 2009) development of the Ivy Glades subdivision has not lowered the value of adjoining properties. Experience in other annexation neighborhoods has (Wilson Addition, Hill Estates) has shown that R-S-12 zoning has not impacted the nature and value of adjoining neighborhoods. 4. The effect on the property owners or owner if the request is not granted. Without the annexation area being assigned a specific zoning district the area will essentially be unzoned. This will create confusion for the issuance of future building permits and development activities within the annexation area. The area needs to be zoned for the benefit of property owners both in the annexation area and adjoining the annexation area. 5. The Comprehensive Plan land use designation for the property. The Comprehensive Plan designates the site for low density residential development of 2 to 5 units per acre. R-S-12 zone would permit 2.7 units per net acre. 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 findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is within the Pasco Urban Growth Boundary. 2) Urban growth is to be located within the urban growth boundary. 3) Annexation of the area in question becomes effective on June 1, 2009. 3 4) The annexation area is identified in the Comprehensive Plan for low density residential uses and has been designated low density residential for almost 30 years. 5) The Comprehensive Plan describes low density residential development as 2 to 5 dwelling units per acre. 6) Low density residential zoning includes R-1, R-S-1 R-S-12 and R-S-20 districts. 7) Properties to the east and west are zoned for suburban residential development. 8) A majority of past annexation areas have been zoned R-S-12. 9) According the Franklin County Assessor's records the property values of neighborhoods near annexation areas zoned R-S-12 have increased over the years. 10) Manufactured and site built dwellings are located adjacent to the annexation area. 11) Three churches are located adjacent to or near the annexation area. 12) The annexation area is located less than a mile south of the new Chiawana High School. 13) A major sewer trunk line was installed in Court Street during 2007. 14) Franklin County zoned the annexation area R-S-20. 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 Comprehensive Plan encourages the development of low density residential land uses on the site. Low Density residential means 2-5 dwelling units per acre. R-S-12 zoning permitting 2.7 dwelling units per net acre would be consistent with the Comprehensive Plan. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. Based on the experience of numerous annexations in the past decade and property valuation records of the Franklin County Assessor, rezoning the annexation area to R-S-12 will not be materially detrimental to the neighborhood. (3) There is merit and value in the proposal for the community as a whole. 4 It is in the best interest of the community and neighborhood to have the annexation zoned for residential purposes. Without zoning, the value and character of the neighborhood would not be protected or maintained. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. R-S-I2 zoning would mitigate the impacts of the property not being zoned and therefore no conditions are needed. (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. STAFF RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council zone the Road 76 and Court Street Annexation Area to R-S-12. 5 �•jW. 'fin- } :.�_�J '_-'�• ,y H.1 _: .4 i�-f�'fl�.' ""h:.•ryt.. '`",_ �-' � ''tk :.if:�.f.a r �'�� .dia�vy�,j� },�.. ."--,.,►yam,, ti -r i'i••...iµ"'.t_ �'. •'Y ,,,,fir .., ��, `.7 .a�;'.c;:�` .',,':'� :: •�`-*. x,..:o+ a a,� ,� � ' ` u�• _• ,- F ..fir',,. ?.X .�j:� •.�'�., �.�,',. ;�?� - �i4 :k ',w :e,"'�+.•»rS^ •yt'1M4_. .. .�yy`�f kl.,; ._ k _ ,.I• '�r�l •< vial:. },;. ?, r. 'v%�t'~fs:, ?• - ,�� "a�iAl A`�vn::�y. � �.f � t ,I ;�1 r i. it -ow �hip if •rt t=�� ,::�:, tY� `'} a. c •�c :r'. F:r� 7 i ddd I•. ::..' ', ^fin .lam .� i � � • 'J �� Y? ',•S-i III ��k .,', .rt',�'' ., "�i '� '•.. • �a%•� i. p..ir -%; .i!•.JJ�a r�r•, !T11 f'�- mot,' rr� ,+ `f !f. '��' *4.Y.i<-� _�N:', e,....4.) .. .. /,F:y:,�a �. `'AR':• S. �3.#gyp. ..� J°. J.•. AMA tAS iW .�_, ry.� °.f, ;• a'�..' ..7f. .. �. � �.. .:;;+s':y h..", 111, __. .�_, {._�.�.,-.�,.F.;•.�, r,'• _'. A irk it IV ..... ..... I- Lu JAC �N ,� `1Ak ,..fi•' � FS .r.Aiu_a; a_`y��.11f�w ' ``✓ �; 'mac -� `'• �� �J"4 i• t 501 Ai APF •�" �a'rr-WiYAP-I e - / T �� 1 �i_ fit. ��. � • qy '� � v,_• ,� �. •y�� `.t•� • a.,�...�?�..•..-..tiS` p• .• � �x� Mti ,J u�"iiaC'... ti(: ,'.*_.pie+.n.+,.r�.'3,I,..•.w.n•u,.n.ry ....�,.'"•'K'.'•s ywo.• "'' 10, .. o = D F, piylrii I I . WIN EEO Planning Commission Minutes 5/21/09 E. Rezone Road 76 and Court Annexation Area (MF# 209- 003) Chairman Samuel read the master file number and asked for comments from staff. Staff stated on May 4, 2009 City Council adopted an Ordinance that annexed a small area located in the vicinity of Road 76 and Court Street to the City. The annexation area contains 41 acres and has 17 homes. The next step in the annexation process is to determine the zoning designation. In the past, the Planning Commission has considered surrounding development patterns along with the policies of the Comprehensive Plan to help establish an appropriate zoning district for annexation areas. Staff explained the area is surrounded by County properties zoned RS-20 and RS-12. Staff recommended zoning the area RS-12 which would allow some flexibility in creating future lots to cover the cost of extending water and sewer service . Commissioner Little asked if the City has made attempts to make the annexation area a more square dimension. Staff stated the boundaries follow property lines. Chairman Samuel asked what the difference was between RS-12 and RS-20. Staff stated the difference was in the minimum lot size, RS-12 (12,000) and RS- 20 (20,000). Chairman Samuel stated there were a number of citizens who were concerned with zoning at City Council and questioned staff on their recommendation. Staff stated R-S-12 would allow property owners more flexibility for dividing property in the future. Commissioner Cruz stated the focus for the zoning should be to maintain urban densities. Chairman Samuel opened the public hearing, after 3 calls and no response, the public hearing was closed. Commissioner Cruz moved, seconded by Commissioner Hay to adopt the findings of fact as contained in the staff report. The motion was unanimously approved. Commissioner Cruz further moved, seconded by Commissioner Hay based on the findings of fact as adopted, the Planning Commission recommend the City Council zone the Road 76 and Court Street Annexation Area to R-S-12. The motion was unanimously approved. AGENDA REPORT FOR: City Council May 27, 2009 TO: Gary Crutchfield, City n er Regular Mtg.: 6/1/09 Rick White, Q Community &Econo is Development Director FROM: Dave McDonald, City Planner SUBJECT: SPECIAL PERMIT: Location of a Salvation Army CojP Community Building in a C-1 and C-3 Zone (MF# SP09-003) I. REFERENCE(S): 1. Report to Planning Commission 2. Planning Commission Minutes: Dated 4/16/09 & 5121/09 3. Proposed Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 611: MOTION: I move to approve Resolution No. approving the special permit for the location of a Salvation Army Corp Community building in a C-1 and C-3 Zoning District in the 1900 Block of West Lewis Street, as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On April 16, 2009, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for a Salvation Army Corp Community building to be located in the 1900 Block of West Lewis Street. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the proposed Salvation Army building. The recommended conditions are contained in the attached Planning Commission report and in the attached Resolution. C. No written appeal of the Planning Commission's recommendation has been received. 8(c) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 09-003 APPLICANT: Salvation Army HEARING DATE: 4-16-09 P.O. Box 9219 ACTION DATE: 5-21-09 Seattle, WA 98109 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Salvation Army Corp Community Building in a C-1 and C-3 Zone 1. PROPERTY DESCRIPTION: Lam: A portion of Tracts B and D, Replat of Columbia River Addition and a portion of Lot 1, short Plat 77-32 General Location: 1900 Block of West Lewis Street Property Size: Approximately 4.5 acres 2. ACCESS: The site has access from Lewis Street and 20th Avenue 3. UTILITIES: Municipal water is available in Lewis Street and 20th Avenue. The nearest available sewer line to the site is at the corner of 20th Avenue and West "A" Street. 4. LAND USE AND ZONING: The property is currently zoned C-1 (Retail Business) and C-3 (General Business) and is vacant. The zoning and land uses of the surrounding properties are as follows: North: C-1/ motel and offices South: C-3/vacant land and heavy commercial uses West: I-1/vacant land, the Crazy Moose Lodge & Mayflower Moving East: C-1 8s G-3 Offices 5. COMPREHENSIVE PLAN: The site is designated in the comprehensive plan for future commercial uses. The plan does not specifically address churches, but elements of the plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development standards. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a Determination of Non-Significance (DNS) in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21 (c) (RCW). 1 ANALYSIS The application involves the development of a portion of the vacant land located at the southeast corner of West Lewis Street and 20th Avenue for a Salvation Army Corp Community facility. The Corp Community facility will be a 22,000 square foot multi-purpose building used to provide church services, youth services and social services to the community. The church (called a Temple by the Salvation Army) portion of the building will contain classrooms, offices, and a worship area with seating for up to 300 people. The social service functions will occur on the south end of the building and will consist of a food bank, a clothing and furniture distribution area, a storage area, a retail sales area and a counseling area. Various portions of the building will be used to provide homework assistance, computer technology assistance and recreational opportunities for young people. The Salvation Army is currently providing services from two separate buildings in the downtown area and would like to consolidate their services in one functional building meeting all current building code. Churches are often approved for locations in residential areas. The Salvation Army proposal stretches beyond the functions typically found in churches and therefore would not be appropriate in a residential location. Churches typically do not have warehouses for food, clothing and furniture distribution. Warehousing, distribution and retail sales (such as thrift stores) all require commercial zoning. The northerly 200 feet of the proposed site is zoned C-1 and balance is zoned C-3. The social service aspects of the proposed facility will be located on the south end of building (in the C-3 area) while the church, office and classroom portion of the building will be located along Lewis Street in the C-1 area of the property. The proposed location of the Corp Community Center leaves the corner of 20th Avenue and Lewis Street undeveloped and available for future commercial retail of office type uses. The churches and community service facilities (food banks and facilities providing social, health and welfare services) are unclassified uses within the Pasco zoning regulations. Such uses are only permitted in the community after review through the special permit process, hence the need for this special permit review. The proposed development plan includes a parking lot with approximately 90 parking spaces. Parking for churches is based upon the seating capacity in the main worship area of a church. The worship portion of the proposed building will require 60 parking spaces. The warehouse portion of the building will require 14 parking spaces. 2 One of the potential problems with locating a church in a commercial area is the fact that some commercial establishments such as restaurants often sell or serve liquor. This issue is typically addressed by placing a condition on the special permit approval limiting the church's ability to object to a liquor license. 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. Churches and Community Service facilities are unclassified uses and require review through the special permit process prior to locating or expanding in any zoning district. 2. The proposed church/Community Service facility site is zoned C-1 and C-3. 3. The C-3 zone permits heavy machinery sales and service, lumber yards, mobile home sales and other outdoor business activities. 4. The proposed site is located in the 1900 block of west Lewis Street. 5. The site is vacant and has been since the development of surrounding streets more than 50 years ago. 6. The proposed Salvation Army development plan leaves 1.5 acres, on the corner of 20th Avenue and Lewis Street, available for future commercial development. 7. Heavy commercial development in the form of warehouse buildings is located to the south and west of the proposed Corp Community facility. 8. The warehousing/storage and social service function in the proposed building will be located in the southern 1/3 of the building. 9. The site is located on two arterial streets. 10. The proposal will consolidate all Salvation Army services into one building; whereas services now are currently being provided from two buildings. 11. The proposed building will require at least 74 parking spaces. 12. The site development plan provides for 90 parking spaces. 3 CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060 and determine whether or not: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The plan does not specifically address churches, but elements of the plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development standards. (2) Will the proposed use adversely affect public infrastructure? The property in question is zoned for commercial development. Most commercial activities will impact traffic to a greater extent than a church or community center. The proposed facility will create less of a demand on water and sewer service than permitted uses within the district and the proposed facility will generate less traffic on a daily basis than many permitted uses. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The character of the existing and intended neighborhood includes various commercial buildings and parking lots. The proposed facility will be similar in size and height to many of the commercial warehouses in the area. The proposed facility will be built to meet all applicable building codes and will be landscaped to meet or exceed landscaping on adjoining properties. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The proposed facility will be located more than 300 feet east of 20th Avenue leaving the highly visible corner available for future commercial development. The proposed building height will be similar in height to the motel located to the north and consistent with the height permitted within the C-1 and C-3 zoning districts. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? 4 The church and community service facility will generate less dust, vibrations, flashing lights and fumes than many of the uses permitted in the district. Heavy machinery sales and service and lumber yards are permitted within the district and would create more noise, fumes, vibrations, dust and traffic than the proposed use. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The proposed facility, if approved, will be constructed to meet all applicable building and site code requirements. These requirements are designed to address the concerns of public health and safety. The proposed facility will have its highest activity on Sunday's when most neighboring businesses are closed. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the May 21, 2009 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a Special Permit to The Salvation Army for the location of a Corp Community Center in the 1900 Block of West Lewis Street, with conditions as contained in the May 21, 2009 staff report: APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant; 2) The property shall be developed in substantial conformance with the site plan submitted, except as revised herein; 3) All unused existing driveway entrances on Lewis Street and/or 20th Avenue must be removed and the curbing restored to its proper height; 4) Sewer service to the site must come from the main at the intersection of 20th Avenue and West "A" Street. The applicant shall be responsible for extending the sewer main north in 20th Avenue consistent with City standards; 5) The applicant shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; 5 6) The special permit shall be null and void if a City of Pasco building permit is not obtained by June 30, 2012. 6 Ao �i. tyA p,SW ti: .[.�y6y R1 � "+•'1.-. j,,. t� 4 w rt f 1 Ny Off%. Y ''6 •� .r�Df' /S�i 4 .. �p }. 'y .mow y'.r...•'tt:. •'•t rmcx» �.wj • ' R� '-, �.tom ..a � ; r.+, ':�C'P�tY•..r„r,, y,l 4� .. saw 'l If ,.��� _ � ��• .� � . rte z � 3nd HIS � o ME v r4 0 LOM co E 0 0 LU z 441 cd cn Ct C/� Ct 3ne HIoz _ y O 'i AMR rJOI --JL 3AV H184 7 U) LLJ u -j co O W co V Q a� o m s' F- o� �°� end HIoz L—J o w I f ❑ { o F.N ❑ I I i Y � � f / El o Z �j - o a W ui tu ff if � ff a§f III , I �. crTrr . :yik:44 - lTn-rti: rtn E3 ou '{* Sa .,► 4' ��* 7�., �'} it 7 O ® � l L f I�JI 0 — — _ N 01'44'37 E 939.00' 20tH AVE. 250.04' N 01'4437'E 521.27' 271.23: -----�-- z CD b m O D N J to / 1D �a O/ J� A J� J� b Al O J�O J S 01*44'37"W 191.05' 'I t t z a b v 1 k W, ;� S 01'44'37 w rn i� L g S? 8 0 Planning Commission Minutes 4/16/09 PUBLIC HEARINGS: A. Special Permit Location of a Salvation Army Corps Community Center Church and related services) in a C-3 Zone [Salvation Armyl (1900 Block of W. Lewis Street) (MF# SP 09-003 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 explained the proposal involved a new facility for the Salvation Army to replace the two buildings that have existed in downtown Pasco for many years. For the past several years, the Salvation Army has been looking for a new location to consolidate services in one functional building. The proposed site for the new facility is at the southeast corner of 20th Avenue and Lewis Street. The immediate corner of 20f Avenue and Lewis Street is considered a high impact corner/property due to the visibility and accessibility from two key arterial streets. Staff reviewed surrounding zoning and land uses for the benefit of the Planning commission. It was explained that the proposed facility would include a church/temple, a chapel/sanctuary, classrooms and offices, a warehouse for food, clothing and furniture distribution and possibly a small store. Staff also discussed site layout and parking needs. Chairman Samuel asked if the Engineering Department had reviewed the proposal regarding traffic. Staff stated Engineering made comments on the proposed driveways on Lewis Street and the location for the sewer connection. Chairman Samuel opened the public hearing and asked if there was anyone in the audience that wished to speak on the matter. David Ellison, Property Manager Salvation Army Northwest Division, 4607 Fenwick Court, Kent, WA stated they provide social services which include a food bank, counseling services, financial assistance for rent/housing and utility payments. They also provide after school programs. Mr. Ellison explained the current facilities are old and do not have the capacity for future development. The current facilities will be sold once the new facility is up and running. Mr. Ellison explained fund raising will be key for this project to move forward. They will need a $1,000,000 to get this project going. Commissioner Cruz asked if funding was not secure, would they be prepared to maintain the property. Mr. Ellison stated yes, they would keep the property mowed and well kept. Chairman Samuel asked what the construction value would be for the project. Mr. Ellison stated $3,000,000. Staff questioned the timeframe needed for this project. Mr. Ellison stated 3 years would be reasonable, however it is unpredictable at this time. Jack McElroy, 140 Ridgeview Drive, Pasco, WA, Chairman Advisory Board for the Salvation Army stated the Salvation Army helped feed his family in the 1940's. The Salvation Army has served individuals in need since 1865. Mr. McElroy further stated the Salvation Army has a great reputation in building attractive facilities throughout the United States and feels this building would be a benefit to the Pasco community. Charles Grigg, 1722 W. Octave, Pasco, WA, owner of the property, has resided in Pasco for 70 years. Mr. Griggs explained over the years he has received hundreds of offers to split the parcel for building projects. He was in favor of the Salvation Army building on the site. Staff asked for direction from the Planning Commission to address the time frame for the special permit. Commissioner Schouviller suggested the special permit be for three years. Commissioner Cruz suggested the special permit be for four years with a condition that the property be maintained. Chairman Samuel called for public comment three times and with no response, the hearing was closed. .Commissioner Anderson moved seconded by Commissioner Hay to close the hearing on the proposed Salvation Army Corp Community Center and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the May 21, 2009 meeting. The motion was unanimously approved. Planning Commission Minutes 5/21/09 B. Special Permit Location of a Salvation Army Corps Community Center (Church and related servicesl in a C-3 Zone (Salvation Army) (1900 Block of W. Lewis Street) (MF# SP 09-003) Chairman Samuel read the master file number and asked for comments from staff. Staff briefly discussed the condition related to approval time frames. Commissioner Anderson moved, seconded by Commissioner Hay that the Planning Commission adopt the findings of fact as contained in the May 21, 2009 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 grant a Special Permit to The Salvation Army for the location of a Corp Community Center in the 1900 block of West Lewis Street, with conditions as contained in the May 21, 2009 staff report. The motion was unanimously approved. RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF A SALVATION ARMY CORP COMMUNITY BUILDING IN THE 1900 BLOCK OF WEST LEWIS STREET WHEREAS, Salvation Army submitted an application for a Special Permit for the location of a Corp Community Building in the 1900 Block of West Lewis Street on March 18, 2009; and, WHEREAS, the Planning Commission held a public hearing on April 16, 2009 to review the proposed Salvation Army application. WHEREAS, following deliberations on May 21, 2009 the Planning Commission recommended approval of a Special Permit for the location of a Salvation Army Corp Community Building in the 1900 Block of West Lewis Street with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Salvation Army for the location of a Community Corp building in the 1900 Block of West Lewis Street (A portion of Tracts B & D Replat of Columbia River Addition and a portion of Short Plat 77- 32--Parcel # 112-230-149)) under Master File # SP09-003 with the following conditions: a) The special permit shall be personal to the applicant; b) The property shall be developed in substantial conformance with the site plan submitted, except as revised herein; C) All unused existing driveway entrances on Lewis Street and/or 20th Avenue must be removed and the curbing restored to its proper height; d) Sewer service to the site must come from the main at the intersection of 20th Avenue and West "A" Street. The applicant shall be responsible for extending the sewer main north in 20th Avenue consistent with City standards; e) The applicant shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; f) The special permit shall be null and void if a City of Pasco building permit is not obtained by June 30, 2012. Passed by the City Council of the City of Pasco this I"day of June, 2009 Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council May 21, 2009 TO: Gary Crutchfield, ager FROM: Stan Strebel, Administrative and Community Workshop Mtg.: 5/26/09 Services Director ; Regular Mtg.: 6/1/09 .0 Z.J SUBJECT: Memorial Pool Renovation I. REFERENCE(S): 1. Quotation from Myrtha Pools II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 5/26: Discussion 6/1 Motion: I move to authorize the purchase of materials for the renovation of Memorial Pool from Myrtha Pools in an amount not to exceed $420,000 plus applicable sales tax. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Last October, Council viewed a presentation by ORB Architects on the various design considerations and alternatives for renovation of Memorial Pool and the possibility of adding a zero depth leisure pool to the facility, assuming sufficient savings could be realized in the renovation process. Introduced at the meeting was a renovation system by Myrtha Pools which staff and ORB have now determined to be the most cost effective and durable product for use in the pool renovation and new facility construction. Myrtha's product is a stainless steel and PVC fused panel system which is ideal for renovation of existing pools and increasingly in use for new facilities. While some manufacturers offer flexible liners, Myrtha is the only known manufacturer which incorporates all the necessary elements of the renovation into a complete system. B) Myrtha has provided quotations for the materials package necessary for the existing pool renovation and for the proposed new leisure pool. The City can save the cost of contractor handling and markup by purchasing the product directly and bidding installation by qualified contractors in conjunction with the balance of the construction project. C) In order to complete detailed final design work and assure the availability of materials to commence construction in late summer, staff recommends the prepurchase of the materials for the existing pool renovation at this time. The cost will be $420,000 plus tax. (A 10% deposit is required for design work with the balance due at shipping). The purchase of the materials for the leisure pool construction (approximately $300,000) can be delayed until the project bids are received. A decision can be made at that time, depending on costs, to go forward with the combination of alternatives that provides the greatest benefit within the funding available. 10(a) A&T Europe Spa Cap.Soc.Lit. 6.000.000.000 interamente versato C.C.I.A.A.0096284 Iscr.Tribunale Mantova 3435 A(! T Codice Meccanografico MN 001197 Cod.Fisc.a Partita IVA 00141030205 a iuTw Ism Cod.Identiticazione IVA IT00141030205 "I' Quotation Form May 5th, 2009 Quote No. Client: City Of Pasco, WA Pool Reference : Pasco- Memorial Pool Renovation Competition Pool, Structural Ceramic Renovaction @ 3.6 ft SS Wall Panel Leisure Pool, Myrtha Ceramic 1 @ 3.6 ft SS Wall System TOTAL NET COST = $726,000.00 Competition Pool Includes: Myrtha Structural Ceramic Gutter and Myrtha panels (Renovaction), Alkor 2000 Membrane (Evolution), Strahlenturbolenz Side Wall Inlets, Floating anchors, PVC Targets and Strips, Recessed Steps and Stainless Steel Handrails, Leisure Pool Includes, Myrtha Ceramic 1 wall, gutter and buttress system, Alkor 2000 Membrane, Myrtha Finger Wall, Floor Inlets, Floating Anchors, PVC Strips and Targets, Alkor 2000 Anti— Slip Membrane and Myrtha Soft Safety Floor (10 mm White PEM) Conditions: 1 DDP (Delivery duty paid) site—A&T Europe, S.p.A, pays freight, duty, insurance and brokerage. 2 Delivery--91 days from written approval of our drawings, unless agreed in writing elsewhere by Myrtha Pools /A&T Europe S.p.A. 3 Payment Terms: 10% deposit is required prior to the start of preliminary design drawings or general layouts. The balance is to be paid prior to shipment either through a bank wire transfer, a Letter of Credit issued by a US bank, a check in US dollars made out to beneficiary: A&T Europe S.p.A. sent to the Myrtha Pools US office, or American Express. 4 Prices are valid for 90 days after quotation. S All taxes extra— some taxes may be payable by customer prior to customs release. 6 Civil works, site works, excavation& hauling, concrete works, installation, sealing, backfill, deck construction, coping, electrical works, grounding works, mechanical works and commissioning works are not included in this supply only price. 7 Dewatering, if necessary, is the responsibility of others, not Myrtha Pools. 8 Concrete footings and floor must have a helicopter or trowel finish, (smooth and glossy. This is detailed in our Myrtha installation manual and guide.). Finish not meeting Myrtha Pools standards, will be at the cost of others. Via Solferino 27-46043 Castiglione delle Stiviere(MN)Italy tel.+39(0)376/94 261 -fax+39(0)376/63 14 82 9 Engineering works are not included, but Myrtha can provide structural calculations to local engineers. 10 Drawings are to be transmitted electronically. Price includes up to one revision. 11 Items not specifically included in the referenced quotation are not included in the Net Sell Price. 12 Myrtha Pools/ A&T Europe S.p.A reserve the right to make changes to the pool component design at their discretion. 13 Installation of the Myrtha Pool components must be carried out by an authorized Myrtha installer or supervised by an authorized factory supervisor. Authorization of installers and supervisors is at the sole discretion of Myrtha Pools/A&T Europe S.p.A. Installation by unauthorized technicians or against our recommendations will void or jeopardize the Myrtha guarantee and warranty obligations. 14 All fittings or accessories installed within the Myrtha Pool must be provided by Myrtha or, where this is not practicable, must be approved for installation in writing by Myrtha Pools/A&T Europe S.p.A.. Lack of such approval will jeopardize the Myrtha guarantee and warranty obligations. 15 Shipping containers when delivered must be unloaded immediately and not left on site. Other arrangements may be made directly with the freight forwarding company at the distributor's expense. Myrtha will not have any liability or expense. 16 Incidental shipping charges and clearance charges are the responsibility of the distributor/customer. 17 The owners of the facility must execute a continual maintenance program. Should the pool not be maintained, this could jeopardize , 15 year warranty. Notes For Myrtha factory supervisor, add $500.00 USD per day, including travel days,plus room and board. Myrtha Pools require 3 weeks written notice to schedule a supervisor. Please note that this supervisor is provided to help train your staff in the proper installation: of the Myrtha Pool components, and not to install the pool components alone. Guarantee—Myrtha offers a full 15-year guarantee on Myrtha wall, floor and structural components. There is a one year guarantee on all other components. Sincerely, A&T Europe Page 2 AGENDA REPORT NO. 22 FOR: City Council May 27, 2009 TO: Gary Crutchfiel i anager FROM: Robert J. Alberts, orks Director Regular Mtg.: 06/01/09 SUBJECT: Professional Services Agreement with HDR Engineering, Inc. for Heritage Railspur Project I. REFERENCE(S): 1. Professional Services Agreement 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 06101: MOTION: I move to approve the Professional Services Agreement with HDR Engineering, Inc., authorizing engineering services on a time and material basis not to exceed $43,000 for the Heritage Railspur Project and further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The need to contract with HDR Engineering, Inc. for design services for the rail extension to serve the Heritage Industrial Center was discussed at the May 21, 2009 Council Workshop. V. DISCUSSION: A) The proposed engineering services are necessary for the design of the Heritage Railspur Project. The agreement is based on a time and material basis not to exceed $43,000. Expenses will be absorbed by the Industrial Development fund. Staff recommends council authorize the City Manager to execute the Professional Services Agreement with HDR Engineering, Inc. io(b) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and HDR Engineering, Inc., hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering and design services with respect to the Heritage Railspur project. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Exhibit A. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and material basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $42,959 without prior authorization from the City. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and within 60 days. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services under this Agreement, or from conditions created by the Consultant performance or non-performance of said work or service. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. S. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten(10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission,percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs. 16. Notices. Notices to the City of Pasco shall be sent to the following address: City of Pasco V. 0, Box 213 Pasco, NN"A 99301 Notices to the Consultant shall be sent to the following address: IiD.R Engincering, Inc. 1401 E. Trent Avenue, Suite 101. Spokane, NVA 09202 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF ,20 CITY OF PASCO CONSULTANT: By: By: Gary Crutchfield, City Manager Signature, Printed Name and Title ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney EXHIBIT A Port of Pasco— Tippett Heritage Park Phase 2—Pasco, WA Lead Project Scope of Work General The Port of Pasco and Tippet Company may receive funds for construction of a lead track for the Heritage Park Project. In an effort to be prepared to bid a project for construction,HDR has been asked to provide engineering for the potential construction consistent with future industrial rail facility development envisioned at the site. The over all concept for the site has been developed. Assumptions: • Complete Topographic survey of the site has been performed and will be provided to HDR. • BNSF concurs with the general concept for the site and particularly the lead track as currently envisioned,up to 1.25 miles in length. BNSF concurs with design deviations presented in the previous concepts. • The entire project will be bid and performed as a public project. (No BNSF work.) • `Boilerplate"and format(and plans and special provisions)used in the previous Port of Pasco railroad projects will be used as the basis for this project. Stormwater Pollution Prevention Program(SWPPP) and TESC are assumed to require only minor updates. • Drawings will be prepared in AutoCAD format in accordance with BNSF Design Guidelines for Industrial Track Projects (DGFITP). AREMA shall be used were BNSF specifications are not authoritative. • WSDOT and City of Pasco specifications will be used as required. • No at grade or grade separations will be designed. Concept shall consider these facilities as required. • Port of Pasco—Tippett may elect to initially proceed with selected work elements 1-4 only as listed in the Hours Estimate. This scope includes (reference Hours Estimate): • Project management. • Coordinating and processing information. • Confirmation of concepts with profile evaluation. • Providing PSE for lead track. • Bid packages and bid support for lead track. • Up to two on site meetings for one Sr.Project Manager. • Bid support is included in the form of duplication of up to 14 sets of bid documents, sending packages to prospective bidders,maintaining plan holders list,participating in a pre-bid conference,preparation of up to 3 addenda, general coordination, participation in bid opening, and providing a recommendation of award. This scope excludes: • BNSF operational plan and submittals for review. • Assistance with funding agency coordination unless specifically included above. • Topographic survey as required. • BNSF Flagging(not anticipated to be necessary). • Special schedules (Pert, or phasing) or cost engineering. • Permitting or coordination regarding permitting issues. • Utility accommodation engineering beyond providing design for casings to be installed as part of future development. Types and locations for proposed utilities shall be provided by other to HDR. • Boundary work and property descriptions,title research, and abstracts. • Preparation of Railroad Agreement Applications or other documents. • Construction staking and testing. • Construction management. • Archeological/historical research and report. • Design or specifications of roads,grade crossings or other paved areas, structures,fences, luminaries, or other facilities. • "Conformed specs and plans". Engineering Submittals and Schedule Submittals shall consist of the following: Concept Plan 1. Based on previous preliminary concepts,a concept for confirmation will be provided. This will be based on existing topo information. This will be provided within one week of receipt of a signed contract. An order of magnitude estimate for the lead track will be provided at this time also. No revisions are anticipated. One set of comments can be provided by client for consideration in further submittals. PSE for Lead Track 1. One submission will be provided within three weeks of receipt of concept confirmation /comments. This submission will include,drainage and geotechnical evaluations. One set of comments can be provided by client for consideration in further submittals. Bid Package 1. Package will be provided,within two weeks of receipt of PSE comments. Bid support 1. Provide all elements of support on a mutually agreeable schedule within one month. Miscellaneous HDR has included expenses for phone,copying, and mailing. Submittals will be provided in Word,MS Project,PDF, and Excel formats as appropriate. Unless other wise indicated, submissions will be made in an electronic format. An allowance for our standard railroad QA/QC process is included. Work will be performed and billed on actual cost/multiplier basis. Fee HDR will perform the above described engineering services on a time and materials basis—not to exceed$42,959.00 Port of Pasco-Tippett Heritage Park Phase 2 Hour Estimate HDR ENGINEERING INC. Labor Classification Hours Rate Total Sr. Project Manager 10 $84.65 $847 Sr Engr (PM) 100 $53.75 $5,375 Engineer (Eng.) 72 $37.50 $2,700 RR Designer (Sr Tech) 74 $30.00 $2,220 Admin 14 $26.00 $364 Sr. Administrator 8 $44.10 $353 Total 278 $11,859 Labor Multiplier 2.95 $34,984 Direct Costs Miscellaneous $200 Travel $800 Printing and Photocopying $1,200 Total $2,200 Subconsultants Geothechnical (Columbia Engineers) $5,500 Total $5,500 Mark-Up on Subconsultants C@ 5% $275 TOIAL 42, 5 Tippett-Pasco 4-09 Gene.As Page 1 5/1/2009 ) �.,! ; m ws ; { ) 52: )k // } | ■ ! , ! | { ;�§ $� �k �§) { 2J-f� ,■z!§r■,) ���G|�2��\k mom 11H1 SH E ;!§ •!! !!/}) J ) / E a Pte~ d O F-1 a rp a rn HA a � GoN�.v�54• � bear W N F W 3 w v �i !f� � �I• t _ �i � y r• t r�lW f y 1 Li� � • r� •S • �f. / `t�• ..pY;rr R '• .�• 1 L. .y Y t .�� � •�:�A .-01., jpppyyyyvv=yyy��� ^ AGENDA REPORT FOR: City Council May 27, 2009 TO: Gary Crutchfiel anager Regular Mtg.: 06/01/09 Stan Strebel, Ad ist tive& Col Ity S rvices Director ((�� FROM: Debbie Clark, City Clerk SUBJECT: Sale of Surplus Property: 2607 W Brown I. REFERENCE(S): 1. Vicinity map 2. Resolution No. 3149 H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/01: Motion: I move to authorize the sale of surplus property located at 2607 W Brown to Jan Tidrick for $38,050 and further, authorize the City Manager to sign all documents necessary to execute the sale. III. FISCAL IMPACT: $38,050 in cash funds IV. HISTORY AND FACTS BRIEF: A) The Pasco City Council adopted Resolution No. 3149 on March 16, 2009 directing staff to call for sealed bids of not less than $28,000 for purchase of subject property. B) Per PMC Chapter 2.46 Bidding Process — staff published an advertisement for bids which appeared in the local newspaper on May 3 and May 10, 2009. C) On May 20, 2009 at 10:00 am staff conducted the advertised Bid Opening. Two bids were received by the City Clerk's office as follows: Jan Tidrick $38,050 Richard Garretson, Jr. $8,550 D) Staff recommends sale of the property to Jan Tidrick the highest bidder for the sale price of $38,050 and authorize the City Manager to execute the necessary documents. 10(c) � a '.i _ aAV H19Z 'H o I 04 F C Q o i O i Q? #� k E 6 RESOLUTION NO. 1 A RESOLUTION authorizing call for bids for purchase of city property at 26th and Brown Street. WHEREAS, the city purchased a parcel of land situated at the northwest corner of 26`h Avenue and Brown Street to accommodate redesign of said intersection and the project is now complete; and WHEREAS, the remnant of the parcel, approximately 10,838 sq ft in size, is deemed surplus to the city's needs and is not expected to be necessary for any other public purpose; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1: That the City Manager is hereby authorized and directed to call for sealed bids for the purchase of the subject parcel in accordance with PMC Chapter 2.46; provided, however, the city will not accept bids in an amount less than$_ $,( Q1),6d PASSED by the City Council of the City of Pasco this 16th day of March,2009. do-U-CL LILV7"�/ JoyelsoV Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenw y,Deputy City C1 4k Leland B. Kerr, City Attorney