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2009.07.06 Council Meeting Packet
AGENDA PASCO CITY COUNCIL July 6,2009 Regular Meeting 7:00 P.M. 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 June 15,2009. 2. Minutes of the Pasco City Council Special Meeting dated June 22,2009. (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 $2,518,973.62 ($140,428.28 in the form of Wire Transfer Nos. 5236, 5240 and; 5249 and $2,378,545.34 consisting of Claim Warrants numbered 172160 through 172438). 2. To approve Payroll Claims in the amount of$1,865,274.00, Voucher Nos. 39682 through 39807; and EFT Deposit Nos.30030644 through 30031204. (c) Appointment to Planning Commission: (NO WRITTEN MATERIAL ON AGENDA) To correct the term of appointment of Carlos Perez to Position No. 9 (expiration date of 2/2/2015)to the Planning Commission. (d) Resolution No. 3171, a Resolution urging the Corps of Engineers to remove dock design and. minimum depth anchoring requirements from the Revised McNary Pool Management Plan. 1. Agenda Report from Rick White,Community&Economic Development Director dated June 30,2009. 2. Proposed Resolution. To approve Resolution No. 3171,urging the Corps of Engineers to remove dock design criteria and minimum depth anchoring requirements from the revised McNary Pool Management Plan. (e) Resolution No. 3172, a Resolution of the City of Pasco consenting to Charter Communications Restructuring. 1. Agenda Report from Jim Chase,Finance Manager dated June 16,2009. 2. Letter from Charter Communications to City Manager. 3. Copy of Form 394 Filing. 4. PMC 15.70.330. 5. Resolution,Consent to Charter Restructuring. To approve Resolution No. 3172,consenting to Charter Communications,Inc.,restru cturing. (f) Resolution No. 3173, a Resolution stating the City of Pasco's intent to support participation in the 2010 US Census. 1. Agenda Report from Rick White,Community&Economic Development Director dated June 30,2009. 2. Proposed Resolution. To approve Resolution No. 3173, stating the City of.Pasco's intent to support participation in the 2010 National Census. *(g) Resolution No. 3174, a Resolution accepting work by Daktronics, under contract for the Baseball Stadium Scoreboard Project. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated June 24,2009. 2. Resolution. To approve Resolution No. 3174, accepting the work perforined by Daktronics, under contract for the Baseball Stadium Scoreboard Project. Regular Meeting 2 July 6,2009 *(h) Resolution No. 3175, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Bonneville Street,and a portion of California Avenue. 1. Agenda Report from David I.McDonald,City Planner dated June 30,2009. 2. Vicinity Map. 3. Proposed Resolution. 4. Vacation Petition. To approve Resolution No. 3175, setting 7:00 p.m.,Monday,August 3, 2009 as the time and date to conduct a public hearing to consider vacating a portion of Bonneville Street and California Avenue. (RC) MOTION:I move to approve the Consent Agenda as read. 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,'June 2009. 1. Emiliano and Amelia Ramirez, 314 W. Sylvester Street 2. Jose and Aurelia Contreras, 1924 N. 190 Drive 3. Scott and Cindy Larson,6607 Comiskey Drive 4. Jerrod MacPherson,4304 Hayden Lane (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 June 2009. 1. Cousin's Restaurant,4605 N.Road 68 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) Special Permit Closed Record Hearing:location and operation of a hot mix asphalt plant in a RT Zone(MF No.SP06-010-Remand from Superior Court): 1. Agenda Report from Rick White,Community&Economic Development Director dated June 30,2009. 2. Resolution No. 3169. 3. Ex-parte communications(Exhibit 1).* 4. Responses to Specific Council Questions(Exhibit 2).* 5. CPM's response to Council's request for additional information(Exhibit 3).* 6. City Attorney's July 2,2009 memo to Council(Exhibit 4).* (* Attachments in Council packets only; copy available for public review in the Planning Office.) CONDUCT A CLOSED RECORD HEARING Resolution No. 3169, a Resolution accepting the Planning Commission's recommendation and approving a special permit for the location of a hot mix asphalt plant at the Central Pre-Mix site at 11919 Harris Road. MOTION: I move to approve Resolution No. 3169,approving the special permit for the location and operation of a hot-mix asphalt plant in a RT Zone at the Central Pre-Mix site at 11919 Harris Road,as recommended by the Planning Commission. Q*(b) Street Vacation:Tippet Lane(MF#VAC09-010): 1. Agenda Report from David I. McDonald,City Planner dated June 30, 2009. 2. Vicinity Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. ,an Ordinance vacating Tippet Lane. MOTION: I move to adopt Ordinance No. , vacating Tippet Lane and, fi�rther, authorize publication by summary only. Regular Meeting 3 July b,2009 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Q*(a) Resolution No. , a Resolution approving a planned density development preliminary plat for Casa Del Sol Division IL 1. Agenda Report from Shane O'Neill,Planner I dated June 29, 2009, 2. Vicinity Map. 3. Proposed Resolution. 4. Preliminary Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at littp://www.PascO- wa.go v/generalinLo/citvcouncilreports)- 5. Report to Planning Commission. 6. Planning Commission Minutes dated 5/21/09 and 6118/09. MOTION: I move to approve Resolution No. , approving the preliminary plat for Casa Del Sol Division II. Q*(b) Resolution No. ,a Resolution approving a preliminary plat for Chapel Hill Division II. 1. Agenda Report from Shane O'Neill,Planner I dated June 29, 2009. 2. Vicinity Map. 3. Proposed Resolution. 4. Preliminary Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http//www.pasco- waov ,eneralinfo/citycouncilreports). 5. Report to Planning Commission. 6. Planning Commission Minutes dated 5121109 and 6118/09. MOTION: I move to approve Resolution No. , approving the preliminary plat for Chapel Hill Division 11. 9. UNFINISHED BUSINESS: (none) 10. NEW BUSINESS: (a) Automatic Aid Agreement: 1. Agenda Report from Gary Crutchfield,City Manager dated June 26,2009. 2. Memorandum to City Manager from Fire Chief dated 6/18/09. 3. Proposed Automatic Aid Agreement. MOTION: I move to approve the Automatic Aid Agreement and, further, authorize the City Manager to sign the agreement. (b) Addition of Wade Park Area(Road 54 to Blue Bridge)to Levee 12-1 Lease: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated June 16, 2009. 2. June 3, 2009 Corps of Engineers Letter. 3. Proposed Lease Amendment. 4. Vicinity Photo-Road 54 to US 395 (Blue Bridge). MOTION: I move to approve Amendment No. 3 to Department of the Army Lease (Levee 12-1, Pasco Boat Basin) and, further, authorize the Mayor to sign the document. 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 July 6,2009 REMINDERS: 1. 1:30 p.m., Monday, July 6, KGH — Emergency Medical Services Board Meeting- (COUNCILMEMBER TOM LARSEN,Rep.;AL YENNEY,Alt.) 2. 7:00 a.m., Thursday, July 9, Cousin's Restaurant — BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.;TOM LARSEN,Alt.) 3. 12:00 p.m., Thursday, July 9, Moon Security — Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER AL YENNEY,Rep.;MATT WATKINS,Alt.) 4. 3:00 p.m., Thursday, July 9, Franklin County Emergency Management Office — Franklin County Emergency Management Board Meeting. (MAYOR JOYCE OLSON) 5. 7:00 p.m., Thursday, July 9, Transit Facility — Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS,Rep.;MIKE GARRISON,Alt.) 6. 9:30 a.m.,Friday,July 10, KONA—KONA's Mayor Report. (MAYOR JOYCE OLSON) MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 15, 2009 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Michael Garrison, Robert Hoffmann, Tom Larsen, Joyce Olson, Matt Watkins and Al Yenney. Absent: Rebecca Francik. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Michael McShane, City Engineer; Denis Austin, Police Chief and Jim Chase, Financial Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated June 1, 2009. (b) Bills and Communications: To approve General Claims in the amount of$1,399,199.78 ($115,341.23 in the form of Wire Transfer Nos. 5217, 5218 and 5232; and $1,283,858.55 consisting of Claim Warrants numbered 171939 through 172159). 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$196,086.26 and, of that amount, authorize $132,265.29 be turned over for collection. (c) Appointment to Planning Commission: To appoint Carlos Perez to Position No. 9 (expiration date of 21212014) to the Planning Commission. (d) Interagency Agreement for School Resource Officer Services: To approve the two-year Interagency Agreement with the Pasco School District for School Resource Officer services and, further, authorize the Mayor to sign the agreement. (e) Interagency Agreement for Summer School Services: To approve the Interagency Agreement with the Pasco School District for summer school services and, further, authorize the Mayor to sign the agreement. (f) Final Plat: Three Rivers Crossing Division II, Phase I (Hayden Homes) (MF#FP09-001): To approve the Final Plat for Three Rivers Crossing Division II, Phase 1. (g) Resolution No. 3164, a Resolution accepting work by Patio Covers Unlimited, under contract for the Baseball Stadium Patio Area Improvements Project. To approve Resolution No. 3164, accepting the work performed by Patio Covers Unlimited, under contract for the Baseball Stadium Patio Area Improvements Project. I 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 15,2009 (h) Resolution No. 3165, a Resolution accepting work by Siefken and Sons Construction, Inc., under contract for the Peanuts Park Restroom Remodel and Pavilion Project. To approve Resolution No. 3165, accepting the work performed by Siefken and Sons Construction, Inc., under contract for the Peanuts Park Restroom Remodel and Pavilion Proj ect. (i) Resolution No. 3166, a Resolution accepting work by G2 Construction, Inc., under contract for the Library Remodel Project. To approve Resolution No. 3166, accepting the work performed by G2 Construction, Inc., under contract for the Library Remodel Project. (j) Resolution No. 3167, a Resolution accepting work by Quality Backhoe Services, under contract for the Kurtzman Park Drainage Improvements Project No. C2008512-1. To approve Resolution No. 3167, accepting the work performed by Quality Backhoe Services, under contract for the Kurtzman Park Drainage Improvements Project. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mayor Olson and Mr. Crutchfield met with Mr. Carl Walters, new CEO of La Clinica. Mayor Olson and Mr. Yenney attended AWC Open Public Meeting Act training. Mayor Olson accepted the 2009 Smart Communities Award presented by Governor Gregoire to the representatives of the jurisdictions involved in Tri Cities Rivershore Enhancement Council. Mayor Olson and Mr. Austin met with Franklin County Commissioner Rick Miller and Sheriff Richard Lathim about the partnership with County regarding jail expansion. Mayor Olson and Mr. Watkins reported on the Regional Public Facilities District Legislator Appreciation at Three-Rivers Convention Center. Mr. Garrison reported on the TRIDEC Board of Directors meeting and attended the Tri- Cities Legislative Reception at the Tri-Cities Visitor& Business Center. Mr. Hoffmann attended the BFCG Tri-Mats Policy Advisory Committee meeting and the Tri-Cities Legislative Reception at the Tri-Cities Visitor & Business Center. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation: a portion of the right-of-way adjoining Blocks 6, 7 and 8 Freys Addition (MF#VAC09-007): Mr. White explained the details of the proposed vacation. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3925, an Ordinance vacating a portion of Montana Avenue, Colorado Avenue,Utah Avenue and Spokane Street. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 15, 2009 MOTION: Mr. Watkins moved to adopt Ordinance No. 3925, vacating a portion of Montana, Utah and Colorado Avenue and a portion of Spokane Street and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Six-Year Transportation Improvement Plan 2010-2015: Mr. McShane explained the details of the Six-Year TIP. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE SIX-YEAR TIP 2010-2015. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Resolution No. 3168, a Resolution adopting the revised and extended Comprehensive Street, Storm Drain and Bridge Programs for the City of Pasco. MOTION: Mr. Watkins moved to approve Resolution No. 3168, thereby adopting the City's Six-Year Transportation Improvement Plan for 2010-2015. Mr. Garrison seconded. Motion carried unanimously. 2009 Justice Assistance Grant: Chief Austin explained the proposed use of the grant funds. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE GRANT. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE BEING NONE, MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. MOTION: Mr. Watkins moved to authorize the application for 2009 Justice Assistance Grant funding to purchase anti-crime surveillance cameras. Mr. Garrison seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Resolution No. 3169, a Resolution accepting the Planning Commission's recommendation and approving a special permit for the location of a hot mix asphalt plant at the Central Pre-Mix site at 11919 Harris Road. Council and staff discussed the proposed resolution. MOTION: Mr. Watkins moved to approve Resolution No. 3169, approving the special permit for the location and operation of a hot-mix asphalt plant in a RT Zone at the Central Pre-Mix site at 11919 Harris Road, as recommended by the Planning Commission. Mr. Garrison seconded. MOTION: Mr. Watkins moved to table this item and schedule a Closed Record Hearing for July 6, 2009. Mr. Yenney seconded. Motion carried 4-2. No—Garrison, Olson. Resolution No. 3170, a Resolution in the matter of jointly placing a ballot proposition before the voters of the County in November 2009, proposing an additional three-tenths of one percent local sales tax and jointly developing an agreement to facilitate construction and occupancy space for Pasco Municipal Court as part of the new jail project planned by Franklin County. Council and staff discussed the proposed resolution. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 15, 2009 MOTION: Mr. Watkins moved to approve Resolution No. 3170, a joint resolution with Franklin County, regarding construction of new jail and municipal court space and the financing thereof. Mr. Garrison seconded. Motion carried 4-2. No— Garrison, Larsen. Ordinance No. 3926, an Ordinance of the City of Pasco, Washington, increasing the fee for a Utility/Lien Search and amending Chapter 3.07 entitled "Fee Summary," and amending Section 3.07.090 entitled "Miscellaneous." MOTION: Mr. Watkins moved to adopt Ordinance No. 3926, amending PMC Chapter 3.07 to increase the fee for a Utility/Lien Search and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mayor Olson noted she and Mr. Hoffmann will not be able to attend the June 22°d Workshop meeting. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:43 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this Oh day of JULY, 2009. 4 MINUTES SPECIAL MEETING PASCO CITY COUNCIL JUNE 22, 2009 CALL TO ORDER: The special meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor Pro-Tem. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Tom Larsen, Matt Watkins and Al Yenney. Absent: Joyce Olson and Robert Hoffmann. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Bob Alberts, Public Works Director; Michael McShane, City Engineer and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. BUSINESS ITEMS: Interlocal Agreement: Grant for"A" Street Right-of-Way: MOTION: Mr. Garrison moved to approve the interlocal agreement with Franklin County for Economic Development Funds and, further, authorize the Mayor to sign the agreement. Ms. Francik seconded. Motion carried unanimously. Award LID #145—"A" Street Improvements, Project No. 08-3-05: MOTION: Mr. Garrison moved to award the low bid for the LID No. 145 — "A" Street Improvements, Project No. 08-3-05 to A&B Asphalt, Inc., in the amount of $1,676,116.49, plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Ms. Francik seconded. Motion carried by the following Roll Call vote: Yes—Watkins, Yenney, Francik, Garrison. No—Larsen. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:14 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 6th day of July 2009. 1 3(a).2 CITY OF PASCO Council Meeting of: _ July 6,2009 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We,the undersigned,do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligation against the city and that we are authorized to authenticate and certify to said claim. Gary Crutchfield, City Manager James W. Chase, Finance Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 5236, 5240 and 5249 in the amount of$140,428.28, have been authorized; that Check No.s 172160 through 172438 are approved for payment in the amount of$2,378,545.34,for a combined total of$2,518,973.62 on this 6th day of July, 2009. Councilmember Councilmember SUMMARY OF CLAIMSlWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 1,497.17 Judicial 7,537.64 Executive 6,090.17 Police 1 99,811,64 Fire 5,966.87 Administration &Community Services 50,656.14 Community Development 5,525.67 Engineering 19,116.20 Non-Departmental 81,555.10 Library 100,911.31 TOTAL GENERAL FUND: 478,667.91 STREET 288,243.56 C. D. BLOCK GRANT 6,937.24 KING COMMUNITY CENTER 252.10 AMBULANCE SERVICE 5,092.39 CEMETERY 8,131.44 ATHLETIC PROGRAMS 1,762.09 SENIOR CENTER 4,463.39 MULTI MODAL FACILITY 496.42 RIVERSHORE TRAIL&MARINA MAIN 0.00 LITTER CONTROL 2,106.30 REVOLVING ABATEMENT 1,687.35 PARKS FUND 0.00 TRAC DEVEL&OPERATING 16,135.25 STADIUM/CONVENTION CENTER 7,501.82 SPECIAL ASSESSMNT LODGING 16,418.85 METRO DRUG TASK FORCE 3,039.84 METRO DRUG FORFEITURE FUND 6,709.70 GENERAL CONSTRUCTION 82,690.76 WATERISEWER 1,171,889.75 EQUIPMENT RENTAL-OPERATING 32,954.87 EQUIPMENT RENTAL-REPLACEMENT 0.00 MEDICAL/DENTAL INSURANCE 199,489.48 CENTRAL STORES 0.00 PUBLIC FACILITIES DIST 21,505.92 PAYROLL CLEARING 81,374.93 LID CONSTRUCTION 41,767.76 TRI CITY ANIMAL CONTROL 39,654.50 GRAND TOTAL ALL FUNDS: $ 2,518,973.62 3(b). 1 CITY OF PASCO Council Meeting of: Payroll Approval July 6, 2009 The City Council City of Pasco Franklin County,Washington The following is a summary of payroll claims against the City of Pasco for the month of June 2009 which are presented herewith for your review and approval. Gary D. Crutchfield, City Manager James W. Chase, Financial Services Manager We,the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's. 39682 through 39807 and EFT deposit No's. 30030644 through 30031204 and City contributions in the aggregate amount of$1,865,274.00 are approved for payment on this 6th day of July 2009. Council member Council member SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 6,770.22 Judicial 70,349.15 Executive 49,236.48 Police 524,756.03 Fire 257,759.64 Administrative&Community Services 267,454.43 Community Development 78,201.94 Engineering 77,544.55 TOTAL GENERAL FUND 1,332,072.44 CITY STREET 32,125.65 BLOCK GRANT 10,023.24 MARTIN LUTHER KING CENTER 5,505.11 AMBULANCE SERVICE FUND 123,577.00 CEMETERY 15,177.93 ATHLETIC FUND 2,379.39 SENIOR CENTER 12,775.08 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 8,816.05 WATER/SEWER 297,813.27 EQUIPMENT RENTAL-OPERATING 25,008.84 GRAND TOTAL ALL FUNDS $ 1,865,274.00 Payroll Summary Net Payroll 887,770.59 Employee Deductions 532,996.08 Gross Payroll 1,420,766.67 City of Pasco Contributions 444,507.33 Total Payroll $ 1,865,274.00 3(b).2 AGENDA REPORT FOR: City Council June 30,2009 TO: Gary Crutchfield, City Manager Regular Mtg.:716/09 FROM: Rick White, iz Community&Economic Development Director SUBJECT: McNary Pool Revised Management Plan I. REFERENCE(S): 1. Proposed Resolution. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/6/09: MOTION: I move to approve Resolution No. — 1 -7 1 , urging the Corps of Engineers to remove dock design criteria and minimum depth anchoring requirements from the revised McNary Pool Management Plan. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. The Corps of Engineers developed the McNary Pool Shoreline Management Plan in 1980, and prepared revisions to this original Plan in 1983. It has not been updated since then. The Pasco Columbia River shoreline is regulated by the Plan. B. In January of this year, the Corps (along with a biologist and a Fish and Wildlife representative) presented draft revisions to the Management Plan at a public meeting at Columbia Basin College. C. The sentiment at the public meeting was one of concern over the regulatory requirements contained in the Plan revisions — especially regarding impacts to existing dock owners. D. Council was given a summary of the Plan revisions at the 3/23/09 Workshop meeting by staff and at the 5/11/09 Workshop meeting by the Corps. Council has also received the Battelle Report, Corps of Engineer's summary literature and the Korenko letter in previous agenda reports, and has discussed the contents of the proposed resolution at the June 8"' and June 22"d Workshop meetings. II. DISCUSSION: A. The Battelle Report (provided by the City of Richland) cites literature that concludes that the "extent of increase in predation on salmonids in the Columbia river resulting from over-water structures is not well known." B. The Corps of Engineers has provided literature references and sources which they conclude support the 10 foot minimum dock anchoring depth above the minimum operating level of the McNary Pool. 3(d) C. The Korenko letter explains that due to the speed of the current in various locations in the Columbia River, the effect of turbidity resulting from propeller wash is"transient and insignificant". D. Based on information contained in the above references, there is a genuine debate of public and scientific opinion as to the beneficial effects the proposed dock design criteria would have on juvenile salmon. E. The minimum anchoring depth of 10 feet above the minimum operating pool level of 335 feet is the one factor that impacts the majority of current dock owners and which these owners cannot control. It is likely that applying this minimum anchoring depth will result in the removal of most docks along the Pasco rivershore. In addition, there is insufficient scientific support for implementing dock design criteria for transparency and minimum distances from the ordinary high water mark. RESOLUTION NO.,3 1-7 1 A RESOLUTION URGING THE CORPS OF ENGINEERS TO REMOVE DOCK DESIGN AND MINIMUM DEPTH ANCHORING REQUIREMENTS FROM THE REVISED MCNARY POOL MANAGEMENT PLAN WHEREAS, The McNary Pool Management Plan was last amended in 1983, and since 1983 the population and land use patterns in the Tri-Cities have changed significantly; and, WHEREAS, The existing McNary Pool Management Plan contains regulations that pertain to the transfer of ownership and the permitting process for docks; and, WHEREAS, Several species of salmonids in the Columbia River have been listed as threatened or endangered under the Endangered Species Act; and, WHEREAS, The proposed plan revisions contain design criteria for docks that dictate size, material, design, transparency and depth for anchoring; and, . WHEREAS, the migratory pattern of juvenile salmonids smolts appears to be in the deeper and center sections of the Columbia River in water depths of 30 to 40 feet and at night; and, WHEREAS, the data describing smolt behavior determined that smolts avoid shadow structures to avoid predation; and, WHEREAS, deep water night migration eliminates the need for dock design criteria that prevent shadows in shallow water during the daylight hours; and, WHEREAS, data indicates that shoreline landscaping has an insignificant effect on the survival ratio of smolts; and, WHEREAS, The minimum requirements for depth and transparency of overwater structures are the subject of true scientific debate concerning beneficial/adverse impacts on the migration and predation of salmonid smolts; and, WHEREAS, The minimum proposed anchoring depth for docks of 10 feet above the minimum McNary operating pool level of 335 feet is impractical given the River depth at or near the Pasco shoreline and such minimum anchoring depth could result in the removal of most or all docks on said Pasco shoreline; and, WHEREAS, Existing permitting and design criteria for docks have been inconsistently applied and enforced since the McNary Management Plan was last amended; and, WHEREAS, the probable adverse effect on the human environment and the ability to utilize the shoreline for recreational purposes resulting from the 10 foot depth requirement will substantially exceed the very debatable and highly uncertain benefit to certain endangered fish and associated habitat; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. The City of Pasco urges the Corps of Engineers to remove the following criteria from the McNary Pool Plan Revisions of 2009: • The anchoring requirement of 10 feet above the minimum operating pool level of 335 feet; • The transparency requirement established through grating ratios; • The minimum distance from the ordinary high water mark of 40 feet. Section 2. Further, the City of Pasco urges the Corps of Engineers to establish and convey permanent, legal and nonconforming status to existing and permitted docks from the imposition of additional design criteria and minimum anchoring depth requirements; and urges the Corps to establish a set fee for the real estate license process associated with private dock permitting. Passed by the City Council of the City of Pasco this day of , 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 June 16, 2009 TO: Gary Crutchfield anager Workshop Mtg.: 6/22/09 Stan Strebel, A in, ommunity Services Director Regular Mtg.: 7/6/09 FROM: Jim Chase, Finance Manager SUBJECT: Consent to Charter Communications, Inc., Restructuring I. REFERENCE(S): 1) Letter from Charter Communications to City Manager 2) Copy of Form 394 Filing 3) PMC 15.70.330 4) Resolution, Consent to Charter Restructuring II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/22 Discussion 7/6 MOTION: I move to approve Resolution No. 317N consenting to Charter Communications, Inc. restructuring. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: A) Charter Communications offers cable television connections within the City of Pasco. As stated in the attached letter, in March 2009, Charter communications began a voluntary Chapter 11 reorganization process to reduce its debt and to provide new capital to Charter. Part of the procedure, as also stated in the letter, is to cancel the current stock of the company and replace it with new stock. B) Pasco Municipal Code (PMC) (titled Telecommunications, but dealing more specifically with franchises) Section 15.20 AO) provides a definition for Transfers. Transfers mean any transactions in which 1) all or a portion of the system is sold or assigned. PMC Section 15.70.330 states that any transactions which singularly or collectively results in a change of fifty percent or more of ownership or working control . . . would require City approval. V. DISCUSSION: A) Based on the above, staff feels it is necessary for the City Council to give its consent to Charter's restructuring plan. B) Staff recommends approval of the Resolution. 3(e) PA ' April 17, 2009 r� Via Federal Express Gary Crutchfield City Manager City of Pasco 525 North Third Avenue P.O. Box 293 Pasco, WA 99301 Re: Charter Communications, Inc. Form 394 Filing Dear Mr. Crutchfield: In February, Charter Communications, Inc. ("Charter"), the ultimate parent corporation of your franchisee, announced that it had reached agreements with certain of its key bondholders to significantly reduce its debt and provide new capital to Charter. In order to implement the restructuring plan as expeditiously as possible, on March 27, 2009, Charter voluntarily began a Chapter 11 reorganization process. As you may know, the Chapter 11 process is specifically designed to enable companies to continue to operate while they develop and implement financial restructuring plans. The agreements between Charter and its key bondholders and principal stockholder, Paul G. Allen, contemplate that upon completion of the reorganization, Charter's current stock will be cancelled and replaced by new stock. Some of those bondholders and Mr. Allen (who will continue to have the largest individual voting interest in Charter)will be issued new voting stock in Charter in exchange for their current claims and interests. Pursuant to the agreements, some of the bondholders will invest$3 billion of capital in Charter to support the overall refinancing. Under the terms of this agreement, Charter's current Chief Executive Officer, Chief Operating Officer and its current local management and employees will remain in place. All of the cable television franchises held by Charter entities will continue to be held by those same entities, as you will see in the before and after charts attached to this letter. Charter and its subsidiaries will continue to provide services to their customers as usual. To that end, Charter sought and obtained final authority from the Bankruptcy Court to use its cash for normal business operations. On March 30, 2009, Charter received interim authorization from the Bankruptcy Court to continue paying franchise fees and amounts due under its franchise agreements. At a hearing on April 15, 2009, Charter obtained final approval from the Bankruptcy Court to pay such fees and amounts. A detailed description of the transaction as filed with the United States Bankruptcy Court for the Southern District of New York(Case No. 09-11435) is provided in Exhibit 1 to the Federal Communications Commission's ("FCC") Form 394 included with this letter. While it is not clear that your consent to the transaction is required by applicable bankruptcy law,we have provided copies of the FCC Form 394, other information, and a draft consent resolution to help facilitate the consent process. If you determine that your consent is not required for this transaction to proceed, you need not take any further action. • FCC Form 394. FCC Form 394 (required copies enclosed) is designed to provide you with the relevant information needed to assess the financial, legal, and technical qualifications of Charter after the restructuring. • According to the FCC's rules, you have a maximum of 120 days from the date you receive this information to review all materials and act upon our request for consent to the transaction. Should you choose not to take any action within these 120 days,under federal law your consent will be deemed granted. Please note, this time frame may be shorter if so specified in your franchise documents. • Consent Resolution. Should you determine that your consent to the transaction is required,we have enclosed a draft consent resolution that can be used to help expedite the consent process. We would request that a consent resolution, if needed, be placed on your agenda for consideration at your earliest convenience. For additional information about our financial restructuring,you may also refer to our website at www.charter.com. You can also find regular updates on the bankruptcy case, as well as all of our court filed documents, at www.kccllc.net/charter. All of us at Charter are committed to emerging from this process as a stronger, more competitive company and a valuable partner to the communities we serve and our customers for many years to come. Should you have any questions about the FCC Form 394, the consent resolution or any of the other enclosed documents, please do not hesitate to contact me at 770- 754-5269 or Petra Redchuk, Charter's Director of Government Relations, at 360-258-5108. Sincerely, 94tik, � Mark Brown Senior Director and Counsel Legal and Government Affairs Charter Communications, Inc_ Attachment and Enclosures Federal Communications Commission Approved By OMB Washington,DC 20554 FCC 394 3060-0573 APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE SECTION I, GENERAL INFORMATION FOR FRANCHISE AUTHORITY USE ONLY DATE April 17,2009 1. Community Unit Identification Number: WA0178 2. Application for ❑ Assignment of Franchise ❑ Transfer of Control- Reorganization Upon Emergence From Bankruptcy 3. Franchising Authority: City of Pasco 4. Identify community where the systemlfranchise that is the subject of the assignment or transfer of control is located: PASCO,WA 5. Date system was acquired or(for system's constructed by the transferorlassignor)the date on NIA which service was provided to the first subscriber in the franchise area: 6. Proposed effective date of closing of the transaction assigning or transferring ownership of the As soon as reasonably system to transferee/assignee: practic abie 7. Attach as an Exhibit a schedule of any and all additional information or material filed with this Exhibit No. application that is identified in the franchise as required to be provided to the franchising NIA authority when requesting its approval of the type of transaction that is the subject of this application. PART I-TRANSFEROR/ASSIGNOR 1. Indicate the name, mailing address,and telephone number of the transferorlassi nor. Legal name of Transferor/Assignor(if individual, list last name first) Charter Communications, Inc. Assumed name used for doing business(if any) Mailing street address or P.O. Box 12405 Powerscourt Drive City State ZIP Code Telephone No. (include area code) St. Louis MO 63131 (314)965-0555 2.(a) Attach as an Exhibit a copy of the contract or agreement that provides for the assignment or Exhibit No. transfer of control (including any exhibits or schedules thereto necessary in order to 1 understand the terms thereof). If there is only an oral agreement, reduce the terms to writing and attach. (Confidential trade,business,pricing or marketing information,or other information not otherwise publicly available,may be redacted). (b) Does the contract submitted in response to (a)above embody the full and complete agreement ®Yes ❑ No between the transferor/assignor and the transfereelassignee? If No, explain in an Exhibit. Exhibit IN 1 FCC 394 (Page 1) PART II - TRANSFEREE/ASSIGNEE 1. a Indicate the name, mailin address, and telephone number of the transferee/assignee. Legal name of Transferee/Assignee(if individual,list last name first) Charter Communications, Inc. Assumed name used for doing business(if any) Mailing street address or P.O.Box 12405 Powerscourt Drive City State ZIP Code Telephone No. (include area code) 5t. Louis MO 63131 3i4 965-0555 b Indicate the name, mailing address, and telephone number of person to contact,if other than transfereelassi nee_ Name of contact person(list last name first) Mark E. Brown Firm or company name(if any) Charter Communications,Inc. Mailing street address or P.O.Box 11720 Amber Park Drive, Suite 160 City State ZIP Code Telephone No. (include area code) Alpharetta GA 30009 (770)754-5269/Fax(678) 893-5980 E-Mail: charter394 chartercom.com (c) Attach as an Exhibit the name, mailing address, and telephone number of each additional person F Exhibit No. who should be contacted,if any. NIA d Indicate the address where the system's records will be maintained. Street address 12405 Powerscourt Drive or a regional or area office as a ropriate City State ZIP Code St. Louis MO 63131 2. Indicate on an attached exhibit any plans to change the current terms and conditions of service and Exhibit No. operations of the system as a consequence of the transaction for which approval is sought. 2 FCC 394 (Page 2) SECTION II. TRANSFEREE'S/ASSIGNEE'S LEGAL QUALIFICATIONS 1. Transferee/Assignee is: ® Corporation a. Jurisdiction of incorporation: d. Name and address of registered agent in Delaware jurisdiction: b. Date of incorporation: Corporation Service Company 07122/1999 2711 Centerville Road, Suite 400 Wilmington, DE 19808 c. For profit or not-for-profit: For profit ❑ Limited Partnership a. Jurisdiction in which formed: c. Name and address of registered agent in jurisdiction: b. Date of formation: ❑ General Partnership a. Jurisdiction whose laws govern formation: b. Date of formation: ❑ Individual ❑ Other. Describe in an Exhibit Exhibit No. 2. List the transferee/assignee, and,if the transferee/assignee is not a natural person, each of its officers, directors, stockholders beneficially holding more than 5%of the outstanding voting shares,general partners,and limited partners holding an equity interest of more than 5%. Use only one column for each individual or entity. Attach additional pages if necessary. (Read carefully-the lettered items below refer to corresponding lines in the following table.) (a) Name, residence,occupation or principal business, and principal place of business. (If other than an individual,also show name, address and citizenship of natural person authorized to vote the voting securities of the applicant that it holds.) List the applicant first,officers, next,then directors and,thereafter, remaining stockholders and/or partners. (b) Citizenship. (c) Relationship to the transfereelassignee(e.g.,officer,director, etc.). (d) Number of shares or nature of partnership interest. (e) Number of votes. (f) Percentage of votes. (a) See Exhibit No. 3 (b) (c) (d) (e) (f) FCC 394 (Page 3) 3. If the applicant is a corporation or a limited partnership, is the transfereelassignee formed under the laws ®Yes ❑ No of,or duly qualified to transact business in,the State or other jurisdiction in which the system operates? If the answer is No, explain in an Exhibit. Exhibit No. 4 4. Has the transferee/assignee had any interest in or in connection with an applicant which has been ®Yes No❑ dismissed or denied by any franchise authority? If the answer if Yes, describe circumstances in an Exhibit. Exhibit No. 5 5. Has an adverse finding been made or an adverse final action been taken by any court or administrative ®Yes ❑ No body with respect to the transferee/assignee in a civil,criminal or administrative proceeding, brought under the provisions of any law or regulation related to the following: any felony; revocation,suspension or involuntary transfer of any authorization (including cable franchises)to provide video programming services; mass media related antitrust or unfair competition; fraudulent statements to another government unit;or employment discrimination? If the answer is Yes, attach as an Exhibit a full description of the persons and matter(s)involved, including Exhibit No. an identification of any court or administrative body and any proceeding (by dates and file numbers, if 6 applicable), and the disposition of such proceeding. 6. Are there any documents,instruments, contracts or understandings relating to ownership or future ❑ Yes ® No ownership rights with respect to any attributable interest as described in Question 2 (including,but not limited to,non-voting stock interests, beneficial stock ownership interests, options,warrants, debentures)? If Yes, provide particulars in an Exhibit. 7. Do documents, instruments,agreements or understandings for the pledge of stock of the ❑Yes ❑ No transferee/assignee,as security for loans or contractual performance, provide that: (a)voting rights will remain with the applicant,even in the event of default on the obligation; (b)in the event of default,there will be either a private or public sale of the stock; and (c)prior to the exercise of any ownership rights by a purchaser at a sale described in(b), any prior consent of the FCC and/or of the franchising authority, if required pursuant to federal, state or local law or pursuant to the terms of the franchise agreement will be obtained? If No, attach as an Exhibit a full explanation. Exhibit No. N/A SECTION lit. TRANSFEREE'S/ASSIGNEE'S FINANCIAL QUALIFICATIONS 1. The transferee/assignee certifies that it has sufficient net liquid assets on hand or available from committed ®Yes ❑ No resources to consummate the transaction and operate the facilities for three months. 2. Attach as an Exhibit the most recent financial statements,prepared in accordance with generally accepted Exhibit No. accounting principles,including a balance sheet and income statement for at least one full year,for the transferee/assignee or parent entity that has been prepared in the ordinary course of business,if any such financial statements are routinely prepared. Such statements, if not otherwise publicly available, may be 7 marked CONFIDENTIAL and will be maintained as confidential by the franchise authority and its agents to the extent permissible under local law. SECTION IV. TRANSFEREE'S/ASSIGNEE'S TECHNICAL QUALIFICATIONS Set forth in an Exhibit a narrative account of the transferee's/assignee's technical qualifications,experience and Exhibit No. expertise regarding cable television systems, including, but not limited to, summary information about appropriate management personnel that will be involved in the system's management and operations. The 8 transfereelassignee may, but need not, list a representative sample of cable system currently or formerly owned or operated. FCC 394 (Page 4) SECTION V - CERTIFICATIONS Part I -Transferor/Assignor All the statements made in the application and attached exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. I CERTIFY that the statements in this application are true, Signature complete and correct to the best of my knowledge and belief and are made in good faith. Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE April 17,2009 PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, Print full name TITLE 18, SECTION 1001. Grier C. Raclin Check appropriate classification: ❑ Individual ❑ General Partner ® Corporate Officer ❑ Other. Explain: Executive Vice President,General Counsel and Corporate Secretary Part I I -Transferee/Assignee All the statements made in the application and attached Exhibits are considered material representations,and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. The transfereelassignee certifies that he/she: (a) Has a current copy of the FCC's Rules governing cable television systems. (b) Has a current copy of the franchise that is the subject of this application,and of any applicable state laws or local ordinances and related regulations. (c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related regulations,and to effect changes,as promptly as practicable, in the operation system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. I CERTIFY that the statements in this application are true, Signature complete and correct to the best of my knowledge and belief and are made in good faith. Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE April 17,2009 PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, Print full name TITLE 18, SECTION 1001. Grier C. Raclin Check appropriate classification: ❑ Individual ❑ General Partner ®Corporate Officer ❑ Other. Explain: Executive Vice President, General Counsel and Corporate Secretary FCC 394 (Page 5) PMC 15.70.330 15.70.330 TRANSACTIONS AFFECTING CONTROL OF GRANT. Any transactions which singularly or collectively result in a change of fifty percent (50%) or more of the ownership or working control of the grantee, of the ownership or working control of a communications system, of the ownership or working control of affiliated entities having ownership or working control of the grantee or of a communications system, or of control of the capacity or bandwidth of the grantee's communication system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring City approval. Transactions between affiliated entities are not exempt from City approval. A grantee shall promptly notify the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of a grantee's company. Every change, transfer, or acquisition of control of a grantee's company shall cause a review of the proposed transfer. In the event the City adopts a resolution denying its consent and such change, transfer or acquisition of control has been effected, the City may cancel the permit, franchise or lease. Approval shall not be required if said transfer is from a grantee to another person or entity controlling, controlled by, or under common control with a grantee. (Ord. 3287 Sec. 1, 1998.) RESOLUTION NO. �� A RESOLUTION OF TBE CITY OF PASCO CONSENTING TO CHARTER COMMUNICATIONS RESTRUCTURING WHEREAS, Falcon Video Communications L.P. (Franchisee), an indirect,wholly owned subsidiary of Charter Communications, Inc. ("Charter"), owns a cable television system(the "System") in the City of Pasco, Washington,the Franchise Authority; and WHEREAS, on March 27,2009, Charter and certain of its subsidiaries filed voluntary petitions in the United States Bankruptcy Court for the Southern Jurisdiction of New York("Bankruptcy Court")seeking relief under the provisions of Chapter 1 i of Title 11 of the United States Code in order to effectuate a financial restructuring(Case No. 09-1143 5); and WHEREAS, pursuant to the terms of agreements entered into between Charter and its key holders, Charter's current class A Common Stock and Class B Common Stock will be canceled and replaced with new voting stock owned by Paul G Allen and such bondholders, as described in filings with the Bankruptcy Court(the"Transaction"),copies of which have been provided to the City of Pasco; and WHEREAS,the Pasco Municipal Code(PMC) Section 15.70.020 AO(2)provides the definition of"transfer"as a change, acquisition, or direct or indirect transfer of control of the franchisee or right of way permit holder; and WHEREAS,the Pasco Municipal Code (PMC) Section 15.70.330 titled Transactions Affecting Control Of Grant, states that transactions that result in a change of 50% or more of ownership requires City Approval; and WHEREAS,the City of Pasco has concluded that based on PMC Sections 15.70.020 and 15.70.330,that approval is necessary for the above described Transaction and has been provided a FCC Form 394 and related information for such Transaction: and WHEREAS,the City of Pasco has considered and approves of the Transaction described above. NOW THEREFORE BE IT FURTHER RESOLVED AS FOLLOWS: 1. The foregoing recitals are approved and incorporated herein by reference. 2. The City of Pasco consents to the Transaction described herein. 3. This Resolution shall be deemed effective upon adoption. 4. This Resolution shall have the effect of permitting the transfer of the existing franchise which shall remain in full force and effect without amendment or alteration except with the reasonable consent of the Franchisee. PASSED,ADOPTED AND APPROVED by the City Council of the City of Pasco, Washington at a regular meeting thereof assembled this 15''day of June 2009. Joyce Olson,Mayor ATTEST: APPROVED AS TO FORM: Debra L Clark, City Clerk Leland Kerr, City Attorney AGENDA REPORT FOR: City Council June 30, 2009 TO; Gary Crutchfield, City Manager Regular Mtg.: 7/6/09 FROM: Rick White, V� Community & Economic Development Director SUBJECT: 2010 Census and supporting Resolution 1. REFERENCE(S): 1. Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 716109: MOTION: I move to approve Resolution No3173, stating the City of Pasco's intent to support participation in the 2010 National Census. Ill. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. The U.S. Constitution requires a national census once every 10 years. The information collected is used for a variety of issues — including determining representation in the U.S. House of Representatives, allocating Block Grant and other grant programs, planning and allocating funds for construction of public facilities and job training. B. The Census provides an accurate base from which to provide yearly population estimates to Washington State for allocation of state—shared revenues. C. A representative from the Census Bureau.gave Council a presentation on the importance of an accurate census count at the 6/22 Council Workshop, and urged Council to issue a proclamation supporting the 2010 Census and form or collaborate on a City or regional"Complete Count Committee" (CCC). V. DISCUSSION: A. Examples of activities that a CCC may use include placing census messages in water bills and other correspondence generated by the City, including the 2010 Census logo and messages on newsletters and websites, placing census banners/information in highly visible public locations, providing public service announcements on PSC Channel 12, and working with community representatives and agencies to stress the importance of an accurate census count. B. The City's population is a major factor in distribution of many types of funds. Historically, local and selected group populations are "undercounted" in population estimates and the national census provides a baseline to better estimate yearly population increases — thereby assuring a more accurate share of Federal and State revenues. C. Information collected through the National Census is confidential and protected by law. 3(f) RESOLUTION NO. �!)) 13 A RESOLUTION STATING THE CITY OF PASCO'S INTENT TO SUPPORT PARTICIPATION IN THE 2010 U.S. CENSUS WHEREAS, an accurate census count is vital to our community and residents' well- being by helping to determine where to locate schools, day-care centers, roads and public transportation, hospitals and other facilities, and is used to make decisions concerning business growth and housing needs; and, WHEREAS, more than $300 billion per year in federal and state funding is allocated to states and communities based on census data; and, WHEREAS, census data ensures fair Congressional representation by determining how many seats each state will have in the U.S. House of Representatives as well as the redistricting of state legislatures, county, and city councils, and voting districts; and, WHEREAS, the 2010 Census creates jobs that stimulate economic growth and increase employment opportunities in our community; and, WHEREAS, the information collected by the census is protected by law and remains confidential for 72 years; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PASCO THAT: 1) The City is committed to partnering with the U.S. Census Bureau to help ensure a full and accurate count in 2010; 2) The City will support the goals and ideals for the 2010 Census and disseminate information to encourage those in our community to participate; 3) The City will encourage emphasis on the 2010 Census and participate in events and initiatives that will raise overall awareness of the 2010 Census and ensure a fill and accurate census; 4) The City will seek opportunities to collaborate with other public and private groups in our community, such as Complete Count Committees, to utilize high-profile, trusted voices to advocate on behalf of the 2010 Census. PASSED by the City Council of the City of Pasco this day of July, 2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy,Deputy City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council June 24, 2009 TO: Gary Crutchfield, City Manager FROM: Stan Strebel, Adm' ve and Community Services Direc= Regular Mtg.: 7/6/09 SUBJECT: Baseball Stadium Scoreboard Project I. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 7/6: Motion: I move to approve Resolution No. 5vM accepting the work performed by Daktronics, under contract for the Baseball Stadium Scoreboard Project. III. FISCAL IMPACT: Funding from State of Washington. IV. HISTORY AND FACTS BRIEF: A) On February 2, 2009 the City Council awarded the Baseball Stadium Scoreboard Project, in the amount of$139,820.00, including tax, to Daktronics. The project is now complete with the final cost of the contract being $139,820.00. B) Staff recommends acceptance of the project. V. ADMINISTRATIVE ROUTING Project File 3(g) r7 . RESOLUTION NO. A RESOLUTION ACCEPTING WORK BY DAKTRONICS, UNDER CONTRACT FOR THE BASEBALL STADIUM SCOREBOARD PROJECT. WHEREAS, the work performed by Daktronics under contract for the Baseball Stadium Scoreboard Project has been examined by Administrative and Community Services and been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Administrative and Community Services' 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 Administrative and Community Services' recommendation and thereby accepts the work performed by Daktronics under contract for the Baseball Stadium Scoreboard Project 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 Administrative and Community Services Director and Finance Manager. PASSED by the City Council of the City of Pasco this 6th day of July, 2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council June 30, 2009 TO: Gary Crutchfield, City Manager Regular Mtg.: 7/6109 Rick White, IF&1 4 Community& Economic Development Director FROM: David.I. McDonald, City Planner SUBJECT: STREET VACATION. A portion of Bonneville Street and California Avenue (MF#VAC09-011) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Vacation Petition II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/6: MOTION: I move to approve Resolution No. 31 !75 , setting 7:00 p.m., Monday, August 3, 2009, as the time and date to conduct a public hearing to consider vacating a portion of Bonneville Street and California Avenue. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. In anticipation of future street improvements the owners of a parcel at the intersection of Bonneville Street and California Avenue have petitioned to vacate the excess right-of-way abutting their parcel. The planned street improvements may be part of a future LID that will improve Bonneville Street east of Oregon Avenue and California Street south of Broadway Boulevard. 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 August 3, 2009. C. The Council can initiate a street vacation by responding to a petition or by approving a resolution. In this case, to avoid creating varying street widths on streets that may be improved with a future LID staff has included all of the east and west 10 feet of California Avenue south of Broadway Boulevard and the north and south 10 feet of Bonneville Avenue in the attached resolution. Franklin County owns much of the south side of Bonneville and the city owns most of the east side of California. 3(h) 't .yam ..lt•: .. .. �p:�,. � T-w +t,. {,it •1 `; •� „pp .. 4 r+,t`n�, ,✓Y 'S\. ,�"d M.' }•�•�.. a,, y;�' w ;, 1'+"1iR.�7&� 0 .y...a"'�.`k r. i low ..�#�•, r.r, fr3' -n-'j��',t'*wpl�:�<�• ,r*j �?''' ``•:!" i'!w• •''` '...,' ,.es.- � !`tea■! 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RESOLUTION NO. 3 1-15 A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF BONNEVILLE STREET, AND A PORTION OF CALIFORNIA AVENUE. 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 the north 10 feet of Bonneville Street from the west line of Idaho Avenue to the west line of California Avenue, the south 10 feet of Bonneville Street from the west line of Idaho Avenue to the west line of Franklin Street, the west 10 feet of California Street from the south line of Broadway Boulevard to the north line of Bonneville Street and the east 10 feet of California Street from the north line of Broadway Boulevard to the north line of East George Street, 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 August 3, 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 bffi day of July, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney z�J F-1 ct 3n`d Wl3 FIT= =I I �0 3!\d S`d�Jf10� m L—� l 3nb`N3M0 IT-= FU{� Q rul�= TT 312 uj C ctm =F-= z=15-f > O=w i < w ¢— 3A-V--3H3M 0 <L and s-Alb—V O GNP\cc T� 3Ad-NIl7iNVZl� 4M V , ct Q NO P�ti • U 4-4 ct Gp,L to cA� �L CIO OR o CL M .� a u •� �, a, > �POpN W • 1 ' CITY OF PASO STREET/ALLEY VACATION PETITION MASTER FILE # VA(_6 - 0 DATE SUBMITTED: � 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: t 0n- �C- Q� L.�,li�n� fl cra J-ttic CKLP� C'i,fye_ A. ifl r a f1 APPLICANT: PROPERTY OWNED (Legal Description) Print Name: An�n0fr�t ? Sign Name: Fir--V oJa i fan ' W ' H1 Address: i 7t U :Fn,rnk i vary\-cA Phone # !7- J 15 Date A avxcl A i Icy. Print Name: Sign Name: Date _ ~off Print Name: Sign Name: Date -o AGENDA REPORT FOR: City Council June 30,2009 TO: Gary Crutchfield,City Manager j� • l Regular Mtg.: 716/04 FROM: Rick White Community&Economic Development Director SUBJECT: SPECIAL PERMIT CLOSED RECORD HEARING: Location and operation of a hot mix asphalt plant in a RT Zone(MF No. SP 06-010—Remand from Superior Court) 1. REFERENCE(S): I. Resolution No. 3169 1 Ex-parte communications(Exhibit#1)* 3. Responses to specific Council questions(Exhibit 2)* 4. CPM's response to Council's request for additional information(Exhibit 3)* 5. City Attorney's July 2"d,2009 memo to Council (Exhibit 4)* *(Attachments in Council packets only; available for public review in the Planning Department. I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATION: CONDUCT THE CLOSED RECORD HEARING 7/6: MOTION: I move to approve Resolution No. 3169 approving the special permit for the location and operation of a hot mix asphalt plant in a RT zone at the Central Pre-Mix site at 11919 Harris Road, as recommended by the Planning Commission. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. Central Pre-Mix (CPM) has operated a sand and gravel facility at its west Pasco site for over 50 years. In 1982, the site was annexed to the City of Pasco. In 1995, the City granted CPM a special permit(SP 95-27) allowing the operation of a concrete batch plant and administrative offices on the site. That special permit approval extends through 2025. B. On August 24, 2004, CPM (and an owner of the combined site) submitted an application to modify the 1995 special permit to allow use of a hot-mix asphalt (HMA) plant within the site. C. Following City approval and issuance of an Environmental Impact Statement("EIS"),the Planning Commission conducted two separate open-record hearings on the CPM Application (August 17 and 24, 2006) and adopted proposed Findings of Fact and Conclusions of Law for denial on September 21, 2006. CPM appealed the Planning Commission's decision to the City Council. City Council adopted the Planning Commission's recommendation on January 16, 2007. CPM then appealed to Superior Court, under the Land Use Petition Act, chapter 36.70 RCW("LUPA"). D. The Franklin County Superior Court granted CPM's appeal, in part, and vacated the City Council's decision. The Court did not grant the relief requested by CPM to mandate the issuance of a permit for the HMA plant. Rather, the Court remanded the matter to City Council for further proceedings on the Application. E. In October of 2008, City Council approved Resolution No. 3109 which provided for a remand of MF# SP 06-010 with the specifications that it be directed to the Planning Commission to "consider additional information relating to a "state of the art HMA" plant and related mitigation of impacts associated with such a plant...." Consistent with the remand from Superior Court, the additional information regarding a"state-of-the-art" HMA plant was submitted through an addendum to the final EIS. The additional information contained in the Addendum is: I. A description of the plant design that has the effect of minimizing odors and/or a description of the odor control process that will be initiated by CPM; 2. A description of the noise levels produced by the plant while in full operation (expressed in decibel levels)at representative distances from the plant; 3. The height of the plant after full assembly including the height of the silos; 4. The height and design of the berm proposed for enclosing the plant;and 7(a) 5. A description of the continuous odor response program and/or the complaint resolution process. F. Consistent with Council Resolution 3109, the Planning Commission conducted an open record hearing on March 19`x', 2009 and considered testimony from the applicant, the applicant's qualified experts and citizens and nearby property owners. The Planning Commission conducted deliberations on March 26"', 2009 on the additional information received through the FEIS Addendum, the record of submitted exhibits, the testimony provided on 3/19/09 and proposed conditions of approval. At the Planning Commission meeting of May 21, 2009, the Commission recommended Council approval subject.to an extensive list of conditions. G. Council has previously received the 5121/09 Planning Commission Report; Exhibits 1 through 36 considered by the Planning Commission and Planning Commission Minutes dated 3/19109, 3/26/09 and 5/21/09. H. At the 6/15/09 Council Meeting, City Council requested a sun-unary of information contained in the record that addressed specific questions reflected in Exhibit 2, for discussion in a closed record hearing. V. DISCUSSION: A. City Council continues to sit in this matter in a quasi-judicial capacity. The Planning Commission held the open record hearing on March 19'h, 2009, which provides Council the following options to consider this matter: 1) accept the Planning Commission's Findings, Conclusions and conditions and approve the special permit as recommended;2) remand the special permit back to the Planning Commission for cause; or 3) conduct a closed record hearing. Council has elected to conduct a closed record hearing to consider additional information contained in the record. B. The original proposal from CPM was to move the HMA plant from the Richland site to the Pasco site. Instead, CPM has requested to install and operate a new HMA plant at the Pasco site. The new HMA plant proposed is a "counter flow design drum mix plant". This means that the aggregate mixing section is located behind the burner so that the liquid asphalt does not come in contact with the burner flame. The plant is designed to provide enclosure of the mixing and movement processes so that emission of vapors is minimized. Combustion noise is shielded in a more technologically advanced manner than the existing Richland HMA plant, and vapors and fumes are collected through a design which reintroduces them into the combustion chamber for use as fuel. C. The FEIS Addendum also examined noise levels associated with the new HMA plant. The original environmental noise analysis which was performed in August in 2005 used the Richland plant as the base. That analysis has been updated with sound level information applicable to the new HMA plant. Consistent with the original FEIS, the burners were orientated to the north in the noise models. D. The original FEIS prepared for the relocation of the Richland plant specified that the height of the plant would be 54 feet at full installation. The FEIS Addendum indicates that the newly proposed plant would have a height of 65 feet(415 feet above sea level). E. The FEIS Addendum contained a description of the landscape berm that was committed to by CPM as a mitigation measure in the original EIS. The FEIS addendum describes the berm as approximately 30 feet at the base with an average height of 15 feet and side slopes of 1:1. The berm has been supplemented through a planting of a rye grass mixture and with evergreen trees that will be located between the berm and Harris Road. F. The FEIS Addendum also described the continuous odor response program (CORP) proposed by CPM for the Pasco site.The(CORP)is a process that establishes a hierarchy of complaint reporting and a procedure for resolution of such complaints. The CORP in. the FEIS Addendum has been significantly revised by Condition # 21 in the proposed Council resolution. G. The FEIS Addendum was used in this process because the additional new information— specifically the proposed replacement of the existing Richland plant with a new plant— was not expected to incur additional probable significant adverse environmental impacts beyond those that were already analyzed in the original FEIS. This was supported by qualified evidence received at the Planning Commission open record hearing on March 19,2009. H. The summary information requested by Council and contained in Exhibit 2, is taken directly from the record and in some cases has been highlighted for ease of reference. RESOLUTION NO.3169 A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF A HOT MIX ASPHALT PLANT AT THE CENTRAL PRE-MIX SITE AT 11919 HARRIS ROAD WHEREAS, In August of 2004 CPM and Dale Adams submitted an application to modify the Special Permit #95-27 to allow use of an HMA plant within the 443 acre CPM Pasco site, and at the end of November 2004, the City's SEPA responsible official issued a Determination of Significance (DS) requiring preparation of an Environmental Impact Statement(EIS)for the proposed HMA plant;and, WHEREAS, A Final EIS (FEIS) was prepared and issued in May 2006, and identified several actions that could enhance regulatory measures which led to the conclusion that there are no unavoidable significant adverse impacts resulting from the proposed action and there was no appeal of the FEIS; and, WHEREAS, In August of 2006 the Planning Commission conducted 2 separate public hearings and numerous citizens provided testimony at the public hearing in opposition to the proposal; and, WHEREAS, The Planning Commission entered into deliberations on the proposal on September 21, 2006 recommended that Council adopt the Planning Commission Findings and Conclusions and deny the application for the special use permit; and, WHEREAS, CPM appealed the Planning Commissions' decision to the City Council at a closed record hearing in January of 2007, and Council adopted the Planning Commission's recommendations and denied the special use permit; and, WHEREAS, CPM appealed the City Councils' decision to Franklin County Superior Court; and, WHEREAS, Franklin County Superior Court determined that the City's land use decision was an erroneous interpretation of law and remanded the case to the City but did not direct the case to be handled in a particular manner or direct that the City arrive at a particular outcome;and, WHEREAS, In October of 2008, City Council adopted Resolution 3109 which specified that consideration of additional information should be first considered at an open record hearing before the Planning Commission and be contingent on the receipt of any additional environmental information as determined by the City's SEPA responsible official;and, WHEREAS, CPM submitted additional information in November of 2008. Through a FEIS Addendum which allowed assembly and dispersal of this information as appropriate;and, WHEREAS, qualified evidence (testimony and exhibits) received prior to and at the hearing support the Responsible Official's SEPA Determination including those contained in the FEIS Addendum; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a Special Permit is hereby granted to Central Pre-Mix for the location and operation of a hot mix asphalt plant at the Central Pre-Mix site at 11919 Harris Road under Master File # SP06-010 subject to the Planning Commission's Findings, Conclusions and conditions as contained in attached Exhibit 1. Passed by the City Council of the City of Pasco this day of July, 2009 Joyce Olson,Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr,City Attorney EXHIBIT I FINDINGS OF FACT l. Central Pre-Mix Corporation (CPM) owns and leases approximately 443 acres of land in Section 7,Township 9 North, Range 29 East, W.M. and Section 12 of Township 9 North, Range 28 East, W.M. in the City of Pasco in which it operates a sand and gravel mine, including sand and gravel excavation and processing, concrete production and related uses. The CPM Pasco site has been continuously used for sand and gravel excavation and processing since the 1950's. In 1982 it was annexed to the City of Pasco. 2. Central Pre-Mix has requested a special use permit to allow the location and development of a hot mix asphalt plant (HMA) on a portion of the 443 acre mineral extraction operation site. 3. The HMA plant is proposed to be placed on approximately 5 acres located within the current excavated area which is approximately 50 feet below the elevation of Harris Road and approximately 600 feet north of Harris Road. 4. The proposed HMA plant would produce hot mix asphalt by mixing crushed stone, ground asphalt pavement and sand with heated asphalt cement. The HMA mix would be conveyed to a storage silo where it would be loaded into delivery trucks or trailers as needed for transportation to construction sites. 5. The Pasco Comprehensive Plan designates the Central Pre-Mix area as a mineral resource land of long term significance. 6. The City of Pasco zoning designation of this site is Residential-Transitional(R-T). 7. The abutting properties to the west and northwest are also zoned R-T and have existing natural resource use on them. One of the properties is currently devoted to agricultural uses and the other is currently devoted to mineral resource and agricultural 'use. This property operates under an existing special permit which was approved by the City in 2004 with an expiration date of 2028. This special permit allows "sand and gravel extraction and processing, concrete batch plants, storage of equipment utilized in the extraction process or concrete making process and associated shop activities related to sand and gravel extraction or concrete processes". 8. The adjoining property to the east owned by Dale Adams is also zoned R-T and devoted to agricultural uses. 9. To the south of Harris Road a residential neighborhood, Rivershore Estates, is located and is currently zoned Residential Suburban 20,000 sq. ft. lot minimum (RS-20).There is also approximately 40 acres of land in an unincorporated area of Franklin County used for agricultural and a residence. 10. The Central Pre-Mix site currently operates under Pasco special permit #95-27 and#94- 89. These special permits allow a broad range of mineral extraction and related activities. Currently, Special Permit #95-27 allows the following on approximately 429 acres of land "...activities include sand and gravel extraction and processing, including rock crushing, concrete batch plants, storage of equipment utilized in the extraction and processing or concrete processes, office and shop activities and activities associated with sand and gravel extraction and processing or concrete processing". 11. In August of 2004 CPM and Dale Adams submitted an application to modify the Special Permit #95-27 to allow use of an HMA plant within the 443 acre CPM Pasco site. The City requested additional information, and in November 2004, CPM submitted an amended application with that additional information. The application was deemed complete on November 15, 2004. Near the end of November 2004, the City's SEPA responsible official issued a Determination of Significance (DS) requiring preparation of an Environmental Impact Statement (EIS) for the proposed HMA plant. The DS EXHIBIT 1. determined that the proposal was likely to have a significant adverse impact on the environment and identified 4 areas for discussion in a limited scope EIS. 12. Following a public meeting in December of 2004, the City's SEPA responsible official issued an addendum to the DS which added a fifth area to be addressed - the potential impact of fire. This occurred in January of 2005. 13. The DS that resulted in the limited scope EIS addressed the following 5 issues: (1) Odors (2) Noise Pollution (3) Truck and vehicular traffic and associated impacts (4) Potential ground water contamination (5) Potential impact of fire and explosion 14. The draft EIS was prepared by R.W. Thorpe and Associates. The DEIS was issued in January of 2006. The DEIS concluded that with mitigation measures proposed, unavoidable and probable significant adverse impacts resulting from the HMA plant would not occur.. 15. The DEIS evaluated 3 alternatives for the Pasco site and 1 "no action"alternative. Under all 3 action alternatives the DEIS found that(1) The HMA plant would result in minimal odors that generally, under prevailing weather conditions, would not be noticeable from neighboring residences; (2) Daytime noise from the plant would not impact surrounding properties more than permitted by City noise regulations but nighttime noise from the plant would exceed code limits unless additional noise attenuation elements were implemented as proposed in one of the analyzed alternatives; (3) Traffic from the HMA plant would not significantly affect forecasted levels of service on streets near the site;(4) Potential ground water quality impacts are non-existent or could be mitigated by continued compliance with State and Federal regulations and (5) The risk of fire and explosion is remote. 16. Following issuance of the DEIS the City received comment letters from Federal and State agencies, a neighborhood interest group, neighboring property owners, a technical consultant and the applicants. As required by SEPA, the City included the comment letters in the Final EIS (FEIS) with responses. The FEIS was issued in May 2006. The FEIS identified several actions that could enhance regulatory measures which led to the conclusion that there are no unavoidable significant adverse impacts resulting from the proposed action. 17. There was no appeal of the FEIS. 18. In August of 2006 the Planning Commission conducted 2 separate public hearings (August 17 and August 24). Numerous citizens provided testimony at the public hearing in opposition to the proposal. The concerns expressed included concerns of: noise, odors, traffic, light pollution, ground water contamination, visual impacts, fire and explosion, potential reduction in property values and health related impacts of potential toxic emissions from the proposed HMA plant. 19. The residential development located across Harris Road to the south from the site (Rivershore Estates) and residents within Broadmoor Estates and Mediterranean Villas located approximately 1 mile northeasterly of the proposed HMA plant site, expressed concern that increased truck traffic, noise and odors associated with the operations of the plant were incompatible with their existing residential land uses. 20. Residents near the proposed HMA plant also expressed concern that their property values would decrease if the HMA plant was installed and operated as proposed. 21. The FEIS concluded that (1) Traffic from the HMA plant would not significantly affect forecasted levels on services of streets near the site; (2) Daytime noise from the plant would not impact surrounding properties more than permitted by the existing City noise regulations, but nighttime noise could exceed code limits unless noise attenuation devices EXHIBIT 1 were implemented into the design of the HMA plant; (3) The HMA plant would result in minimal odors under prevailing weather conditions that would not be noticeable by neighboring residences; 4) Potential ground water quality impacts are non-existent or could be mitigated by continued compliance with State and Federal regulations and (5) The risk of fire and explosion is remote. 22. The Planning Commission entered into deliberations on the proposal and adopted proposed Findings of Fact and Conclusions on September 21, 2006. The recommendation of the Planning Commission to the Pasco City Council was to adopt the Planning Commission Findings and Conclusions and deny the application for the special use permit. 23. CPM appealed the Planning Commissions' decision to the City Council. City Council held a closed record hearing in January of 2007, adopted the Planning Commission's recommendations and denied the special use permit. 24. CPM appealed the City Councils' decision to Franklin County Superior Court. 25, Franklin County Superior Court determined that the City's land use decision was an erroneous interpretation of law. The Court remanded the case to the City but did not direct the case to be handled in a particular manner or direct that the City arrive at a particular outcome. 26. After the issuance of the Remand Order, CPM and City representatives have met to discuss the process for the remand. 27. In October of 2008, the City Council adopted Resolution 3109 which specified that since the Council continues to sit on the matter on a quasi-judicial capacity, consideration of additional information should be first considered at an open record hearing before the Planning Commission. This open record hearing before the Planning Commission was to be contingent on the receipt of any additional environmental information as determined by the City's SEPA responsible official. 28. The environmental review is to consider additional information relating to a"state-of-the- art" HMA plant suggested by CPM and any related mitigation of impact associated with such a plant. 29. CPM submitted additional information in November of 2008. CPM was notified by the SEPA responsible official that the additional information is consistent with the City of Pasco's remand Resolution 3109. The City further specified that the FEIS should have an addendum attached which would allow assembly and dispersal of this information as appropriate. 30. The City identified the following information that was to be contained in the FEIS addendum; (1) a description of the plant design that has the effect of minimizing odors and/or a description of the odor control process that will be initiated by CPM; (2) a description of the noise levels produced by the plant while in full operation (expressed in decibel levels) at representative distances from the plant; (3) the height of the plant after full assembly including the height of the silos; (4) the height and design of the berm proposed for enclosing the plant; and (5) a description of the "continuous odor response program"and/or the complaint resolution process. 31. On January 29, 2009, the additional information requested by the City for the FEIS addendum was received and disbursed to appropriate State and Federal agencies and posted on the City's website. Neighboring property owners were also advised of the availability of the FEIS addendum by letter. 32. The FEIS Addendum of January 2009 indicates that CPM intends to install a new GENCOR 400 Ultra Plant instead of relocating the existing Richland IAC plant. 33. One of the sources of odor in the operation of HMA plants is the filling of the asphalt oil tanks(Declaration of Beth Hodgson—FEIS Addendum) EXHIBIT 1 34. Franklin County is not regulated by a local Air Pollution Control Authority or Board, and as a result, individual businesses are not assessed a fee as would happen in an area so regulated. 35. The CORP submitted by CPM in the FEIS Addendum describes an internal process and does not involve oversight of an outside agency. 36. Noise modeling conducted by the applicant for the GENCOR 400 Ultra Plant indicates noise levels within the parameter of the Pasco Municipal Code for day/night levels. 37. The FEIS Addendum indicates that a landscaped berm will be installed beginning at the existing entrance to the office area on the west and continuing to a point approximately 500 feet east of the proposed access road to the HMA operations (as shown on the FEIS and FEIS Addendum). The berm is depicted as approximately 15 feet high on average and planted with a rye grass mixture. Landscaping between the berm and Harris Road is depicted as consisting of evergreen and deciduous trees with accent shrubbery (FEIS Addendum). 38. The FEIS Addendum concluded that no additional probable significant adverse environmental impacts beyond those identified in the original FEIS are expected to occur. 39. Qualified evidence (testimony and exhibits) received prior to and at the hearing support the Responsible Official's SEPA Determination including those contained in the FEIS Addendum. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT 1. The Planning Commission hears this request in conformance with PMC 25.86.070. 2. The Planning Commission has jurisdiction in conformance with the above citation to consider and make recommendations to the requested City of Pasco special use permit SP06-010. 3. The City of Pasco is subject to the Growth Management Act Chapter 36.70 (A) RCW. The City's Comprehensive Plan and implementing development regulations must be consistent with the goals and requirements of the Growth Management Act (GMA). The City's development regulations must also be consistent with and implement the City's Comprehensive Plan. 4. The GMA requires conservation of designated mineral resource lands as shown in the City's Comprehensive Plan so that these lands "...will remain available to be used for commercial production". The GMA requires cities to adopt development regulations to assure conservation of mineral resource lands as designated under RCW 36.70 (A) .060. 5. Consistent with GMA goals and requirements,the City of Pasco designated lands in Sections 7 & 12 that includes the Central Pre-Mix site, as mineral resource lands of long term commercial significance. The City also adopted policies that provide that these resource lands "be protected and preserved for future generations" (Pasco Comprehensive Plan 1995-2015, page 1.26). 6. In the City's Comprehensive Plan of 1995 the City indicated that mining could continue in the designated mineral resource area for 25 to 50 years. Special Permits #94-89 and #95-27 allow mining to continue on the Central Pre-Mix site until January of 2025. An additional special permit allows similar uses on the Wilson property until 2028. 7. The City adopted zoning regulations to assure the conservation of designated mineral resource lands by defining mineral resource uses to include "mineral extraction, quarrying, EXHIBIT 1 rock crushing or related activities such as a batch plant or a pre-mix plant". Such uses could be located in any zoning district upon approval of a special use permit. 8. On lands designated as mineral resource,asphalt or concrete batch plants are considered a use related to mineral extraction and therefore permitted in any zone upon approval of a special use permit. 9. The proposal is properly characterized as an industrial use which is allowed through special permit in the R-T zoning District. The concrete batch plant currently permitted on the site is also an industrial use. 10. In the absence of unmitigated substantial environmental impacts, the Planning Commissions' review and recommendation of the proposed plant is focused on determining the modifications that should be made to the proposal and what conditions should be placed upon the approval of the special use permit application to make it consistent with the special use permit criteria in the code. 11. The project conditions and mitigation measures described in the Final Environmental Impact Statement (FEIS, the FEIS Addendum and Special Permit 06-010 shall be implemented. Considering the proposal as mitigated by the conditions so contained, the proposal meets the criteria of the PMC 25.86.060. Special Use Permit Criteria PMC 28.86.060 1. The proposal is in accordance with the goals, policies, objectives, maps and or narrative text of the Comprehensive Plan. The proposed HMA plant is a use related to mineral extraction, quarrying or rock crushing. As a mineral resource use proposed for location on lands designated as mineral resource lands of long term significance, the proposed HMA plant is in accordance with the goals, objectives, maps and narrative text of the Comprehensive Plan. The Pasco Comprehensive Plan designates the approximate 443 acre Central Pre-Mix site as the only mineral resource land in the City. This is consistent with and implements the GMA.mandate to assure conservation of lands designated as mineral resource lands of long term commercial significance. Consistent with these Comprehensive Plan policies,the location and operation of an HMA plant at the Central Pre-Mix Pasco site would allow for production of asphalt pavement materials using the sand and gravel from mineral extraction activities on the site. These materials are important for public and private projects in the Tri-Cities area. The proposed HMA plant is an appropriate continuation of the existing mineral resource use at the Central Pre-Mix Pasco site, consistent with the GMA and the City's Comprehensive Plan goals and policies. As mitigated with new "state of the art"plant and conditions set for the herein, the proposal may operate without violation of the limitation and intent of the RT zoning district. 2. The proposal will not adversely affect public infrastructure. The only public infrastructure affected by the proposed HMA plant is the surrounding street system. The FEIS did not address the impacts to Harris Road relating to the impact of repeated travel on the roadway by Central Pre-Mix trucks fully loaded with mining products. The FEIS instead addressed the level of service anticipated from the traffic at the proposed HMA plant. The EXHIBIT 1 FEIS recommended mitigation in the form of a payment of a proportionate share of such facilities required to address the traffic congestion as follows: • A 3% share of the traffic signal at I-182 eastbound ramp/Road 100 intersection. • A 6%share of a traffic signal at I-182 westbound ramp/Road 100 intersection. • A 6% share of a westbound exclusive right turn lane at the I-182 westbound off ramp/Road 100 intersection. • A 6% share of a southbound exclusive right turn lane at the 1-182 westbound off ramp/Road 100 intersection. Since the FEIS was prepared,public and City funds will be used to provide much of the required improvements as indicated originally in the FEIS. As a mitigating measure, as set forth in condition of approval number 11 below, Central Pre-Mix will instead transfer $250,000, (or the equivalent of in kind contributions) the amount of funds necessary to provide the road improvements indicated in the FEIS and allow those funds to be used to facilitate improvements to the Harris Road intersection with Road 100. 3. The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity. Since the mineral extraction and processing operation has been conducted since at least the 1950's, the existing character of the general vicinity is a mineral resource use. The site itself also has an intended character of the general vicinity by the designation through the City's comprehensive planning process as the area of a mineral resource land of long term significance. The HMA plant is an industrial use, and as conditioned by the measures contained in the FEIS, FEIS Addendum and Special Permit 06-010, will be constructed, maintained and operated to be in harmony with the natural resource character of the vicinity that the plant is located in. The Central Pre-Mix site and the surrounding lands that are designated as mineral.resource lands are zoned R-T (Residential Transition). The mineral resource use on these lands is transitional and interim in nature-at least until the year 2028 when the latest special permit expires for extraction and processing of sand and gravel resources. When the mineral resources are depleted, the land will have to be reclaimed and restored for appropriate residential or urban development. RCW 36.70A.060(l.)(b) requires that plats, development permits and building permits issued for activities within 500 feet of lands designated as mineral resource lands contain a special notice informing the permit seeker that mining related activities are likely to occur that may not be compatible with residential development. RCW 36.70A.060(l)(a) also states that "uses of land adjacent to mineral resource land shall not interfere with the continued use, in a custom manner and in accordance with best management practices, of these designated lands...for the extraction of minerals." The mitigation clarifications provided by CPM, including that a state of the art HMA Plant will be a GENCOR Ultraplant (or equivalent or better) which by design will provide continuous odor control and will not operate in excess of City of Pasco Nighttime noise levels, and the additional information contained in the FEIS Addendum, demonstrates that the proposal, as mitigated meets criteria number 3. Installation of an earthen berm and landscaping may enhance the character of the Central Pre-Mix site and will help insure the property will conform to the character of the area. EXHIBIT 1 4. The location and height of the proposed structures and the site design will not discourage the development of permitted uses on property in the general vicinity or impair the value thereof. The property in the general vicinity of the proposed HMA plant is designated as mineral resource lands of long term significance. Therefore any permitted uses on such property must assure conservation of these mineral resource lands. The location,height and site design of the proposed HMA plant will not discourage the development of the mineral resource activities on the designated land in the general vicinity. There is property not designated as mineral resource lands within 500 feet of the site in question. As noted, permitted development on such property cannot interfere with mineral resource use of the mineral resource lands. The location, height and site design of the proposed HMA plant has been considered through an FEIS and FEIS Addendum. Both have concluded that there are no unavoidable significant adverse environmental impacts on permitted uses on the properties that the proposed HMA plant is proposed for location. When the mitigation measures as identified in the FEIS, FEIS Addendum and Special Permit 06-010 are implemented, there is no substantial evidence that the HMA plant will discourage the development of permitted uses on properties in the general vicinity or impair their value. The HMA Plant in Pasco would be placed within the limits of the current excavated area, approximately 50 feet below the elevation of Harris Road and approximately 600 feet north of the north margin of Harris Road. CPM proposes an ingress/egress point from Harris Road to the HMA Plant approximately 2800 feet from the existing main entrance to the CPM site. The 15 foot berm would screen the Plant from nearby properties and Harris Road. 5. The operations in connection with the proposal will not 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. On lands designated as mineral resource lands of long term significance, mineral resource uses are the only uses allowed, provided they can meet the criteria for issuance of a special permit. Any uses that are inconsistent with mineral resource uses could not be allowed on the designated mineral resource lands because that would violate the GMA mandate that requires the development of regulations that assure the conservation of designated mineral resource lands. The City's FEIS and FEIS Addendum found that an HMA plant as proposed and mitigated would not result in any unavoidable significant adverse environmental impacts. Thus, as mitigated, the proposal will be no more objectionable than operation of any permitted use within the district. 6. The proposal will not endanger the public health or safety if located and developed where proposed,or in any way become a nuisance to uses permitted in the district. The FEIS,FEIS Addendum or record does not contain evidence that demonstrates the HMA plant will endanger the public health or safety or become a nuisance to uses permitted in the district. The FEIS and FEIS Addendum find that the proposal, as mitigated, does not result in any unavoidable significant adverse impacts relating to odor, noise, traffic, ground water Quality or fire or explosion; and should not become a nuisance or endanger the public health and safety of nearby residences. As mitigated and under the conditions herein,the proposal should not become a nuisance to uses permitted in the district. EXHIBIT 1 CONDITIONS OF APPROVAL 1. Installation of a GENCOR model 400 Ultra Plant model year 2008 or newer(or equivalent or better plant("Plant"). 2. Retrofit the new asphalt oil tanks with an odor control device as described in February 19, 2009 letter from Laurie Pinard (Exhibit #24) — specifically a 6 foot fiber bed or better as approved by the Department of Ecology. 3. The entire HMA Plant footprint and working area shall be paved to limit potential for groundwater contamination. The access road to the Plant from Harris Road will be paved to allow simultaneous truck ingress/egress to the property and Plant. 4. Establish a separate ingress/egress road for HMA operations at the location indicated in the FE1S and FEIS Addendum. 5. New diesel fuel tanks shall be double walled or secondarily contained to prevent potential groundwater contamination 6. Follow best management practices for sand and gravel general permits for the HMA Plant footprint and working area. Best management practices may include,but are not limited to: • Using water or chemical dust suppressants on particulate matter(PM)containing surfaces (i.e. haul roads) and/or materials prior to and during activities that may release PM into the air. Re-application may be required periodically to maintain effectiveness; • Managing activity during high winds, if the winds are likely to cause the release of PM into the air; • Using covered chutes and covered containers when handling, transferring, and/or storing PM containing materials; • Minimizing the free fall distance, i.e. drop height, of PM containing materials at transfer points such as the end of conveyors, front end loader buckets, etc.; • Managing vehicle loads with potential of release of PM with appropriate covers or freeboard consistent with applicable laws; • Minimizing exposed areas of PM containing materials such as storage piles, graded surfaces,etc, and/or using tarps or chemical dust suppressants to minimize releases to the air; and/or • Limiting vehicle speed to less than 15 miles per hour on unpaved surfaces; • Consolidating storage piles whenever possible; • Managing stockpile loader and haul truck travel to control release of PM. 7. Modify the existing storm water pollution prevention plan, erosion and sediment control plan and spill response plan to accommodate the HMA plant in conformance with accepted industry standards and applicable local and State law and regulation. 8. Configure the plant so the burner points north or away from Harris Road. 9. The new Plant will be required to meet City of Pasco noise standards for all day and night applications. EXHIBIT ] 10. Periodic maintenance, including but not limited to water of interior roads, for the HMA access road and plant area must occur so that there is no fugitive dust caused by HMA operations. 11. Following all Plant permitting, CPM. shall deposit into an escrow account accepted by the City the sum of $250,000 which shall be used by the City for partial funding of the construction of the west portion of the intersection of realigned Harris Road at Road 100/Sandifer Parkway. The City shall draw down this account as necessary. In the case of CPM contribution of material or equipment towards this construction, the City shall reimburse CPM through this escrow account at rates approved by the City. 12. Provide secondary containment facilities meeting accepted industry standards for asphalt oil tanks in the event of a spill. 13. Provide industry accepted training of personnel and safe operational practices for maintenance and repairs. 14. Maintain a"no vegetation"buffer around the HMA Plant. 15. Use shielded site lighting so that the edge of the shield is below the center of the light source. Light spillage shall not occur off site. Submit cut sheets for lighting proposed to the City for approval prior to installation. 16. Install the view obscuring landscaped berm as identified and designed in the FEIS Addendum, at a minimum height of 15 feet, including landscaping and supporting irrigation system. Maintain the landscaping in a healthy weed/debris free condition allowing trees/shrubs to reach an expected mature height. 17. Comply with all applicable local and State regulations. 18. This Special Use Permit shall be reviewed no later than 5 years after the Plant commences operations at a public hearing before the Planning Commission. Review shall consist of but not be limited to a report from CPM or the current owner on conformance with the terns of the NOC as issued by the Department of Ecology; conformance with the terms and conditions of SP 06-010 including the Continuous Odor Response Program and an inventory of all complaints received and their disposition. 19. Operation of the Plant must commence no later than 18 months after issuance of the NOC, unless extended by Ecology, or the Special Permit will be null and void. If the NOC is extended by Ecology and new or more stringent standards are developed during that period, the more restrictive standards will apply. 20. The Special Use Permit 06-010 shall expire on January 1", 2025 21. Develop and implement an Air and Odor Program including as follows: EXHIBIT 1 AIR AND ODOR PROGRAM The following shall be the minimum standards applied to the HMA Plant site. 1. The HMA Plant shall be constructed and operated consistent with federal, state and local laws and regulations. 2. The GENCOR Ultraplant (or approved equal or better) including the baghouse, Blue Smoke Recovery System (silo-filling control), and the Filter Technology Fiberbed filter (asphalt cement storage tank control) (or approved equal) shall be maintained in good operating condition according to the manufacturer's recommendations. 3. An operation and maintenance (O&M) plan shall be developed prior to operation of the asphalt plant. Manufacturer O&M plans/manuals are generally acceptable. Once developed the O&M plan shall be followed. A copy of the O&M plan shall be kept on site and filed with the City. Operation and maintenance records shall be kept continuously for the previous 24 months of operation and shall include, at a minimum, the following: a. Normal operating parameters/conditions for each of the equipment involved in the overall process, including baghouse operational temperature and pressure drop, and fiberbed pressure drop; b. A preventative maintenance schedule, including frequency of fiberbed media cleaning and replacement; c. Logs of actual maintenance inspections and observations made during inspections; d. Dates and nature of any other operations and maintenance activities performed; e. Times,dates,and position of bag failures and replacements in the baghouse; f. Daily readings of the temperature in the baghouse; g. Daily readings of the pressure drop across the baghouse; h. Readings of the fiberbed pressure drop during each filling of the asphalt cement storage tanks. i. Description of any corrective actions taken for abnormal events. j. Records shall be kept on-site and made available to City personnel for on-site review upon request. 4. CPM shall at all times be in compliance with the Pasco HMA Plant NOC issued by the Department of Ecology and the conditions of this Air and Odor Program concerning the following factors (including completion and documentation of corrective actions with respect thereto): EXHIBIT 1 a. Only natural gas or propane shall be burned in the hot oil heater. Prior to burning other fuel in the heater, Ecology approval is first required, followed by City approval;such City approval will not be unreasonably withheld. b. The drum dryer-mixer baghouse exhaust stack minimum height exhaust direction,and flow obstructions(elbows,tees,caps, etc...)at the top of the stack which impede vertical flow of the exhaust(if any are permitted). c. Combined particulate emission concentrations from the drum dryer-mixer baghouse exhaust stack (front half and back half condensable and non- condensable). d. Unless otherwise approved by Ecology following review and comment by the City, combined Volatile Organic Compound (VOC) emissions from the asphalt plant drum dryer-mixer and silo-filling operations shall not exceed 3.48 pounds of VOC per hour when burning natural gas or propane. Compliance with the VOC emission limit shall be determined by EPA Method 25 or 25A, or Ecology approved alternative method. City may require testing for this limit at any time, including but not limited to, occasions when asphalt odors are detected by agency personnel,and are suspected to originate from the plant. e. Required performance test(s) on the drum dryer-mixer baghouse exhaust to demonstrate compliance with the emission and opacity limits established in the Pasco HMA Plant NOC. • City must have at least 48 hours prior notice of the exact date and time that the performance test(s)will be conducted. • A report of the performance test results must be submitted to City no later than 90 days after each performance test is completed. f. The drum dryer-mixer baghouse pressure drop. g. Venting of emissions from silo-filling operations. h. The hot oil heater exhaust stack minimum height, exhaust direction and flow obstructions (elbows, tees, caps, etc...) at the top of the stack which impede vertical flow of the exhaust(if any are permitted). i. Opacity of visible emissions from the drum dryer-mixer baghouse exhaust stack, hot oil heater exhaust stack, asphalt cement tank filter,and associated operations, as determined using EPA Reference Method 9. The odor control device(s) on the asphalt cement storage tank(s), which shall be a fiberbed filter(or equivalent). At a minimum, visible emissions from the drum dryer-mixer baghouse exhaust stack, hot oil heater exhaust stack, asphalt cement tank filter, and associated operations shall not exceed 10% opacity, during any six minute average as interpreted by the Department of Ecology and as determined using EPA Reference Method 9. j. Unless otherwise approved by Ecology following review and comment by the City, the recycled asphalt content shall not exceed the lower of either: i)25 EXHIBIT 1 percent(by weight) of recycled asphalt; or ii)the percent (by weight)which was processed through the drum dryer-mixer, during the most recent compliant performance test based on a 1-hour average. The percent(by weight) of recycled asphalt in the asphalt mix shall be recorded each hour that recycled asphalt is processed in the drum dryer-mixer. Records of the recycled asphalt content (by weight) shall be kept on site for the previous two years of operation and made available to Ecology and to City personnel for on-site inspection,upon request. k. Notification of any applicable upset conditions, breakdowns, or failures of air pollution control equipment associated with the facility. The City shall receive a copy of any notification required to be provided to Ecology. 1. Determination of the average hourly asphalt production rate and maintenance of production records. m. Production records and their retention and availability to Ecology. 5. Only natural gas, propane, diesel (aka fuel oil #2), or used oil shall be burned in the asphalt plant drum dryer-mixer. Fuel burned in the drum dryer-mixer shall meet the following requirements: a. When burning diesel, the fuel sulfur content shall be 0.05% by weight or less. Records shall be kept, documenting the sulfur content of the fuel supplied to the equipment. Invoices showing that each load of fuel received was low sulfur grade fuel are sufficient. Records shall be kept on site for the previous two years of operation and made available to the City personnel upon request. b. When burning used oil, the fuel shall not exceed any of the following specification content limits,by weight,as determined using the standard methods referenced in the most current version of ASTM D6448 "Standard Specification for Industrial Burner Fuels from Used Lubricating Oils" or City approved alternative method(s). Specification Limit ASH 0.8%(maximum by weight) SULFUR 0.5%(maximum by weight) ARSENIC 5 ppm(maximum by weight) CADMIUM 2 ppm (maximum by weight) CHROMIUM 10 ppm(maximum by weight) LEAD 100 ppm(maximum by weight) TOTAL HALOGENS 1000 ppm(maximum by weight) PCB's 2 ppm(maximum by weight) FLASH POINT 100°F(minimum) Records shall be kept that verify each batch of used oil burned is in compliance with the specification limits established above. Such records shall include certifications from the EXHIBIT 1 used oil supplier and/or any tests performed on the used oil to verify compliance with the specifications established above. Valid certifications from the supplier must be based on actual tests performed on the oil, using the standard methods referenced in the most current version of ASTM D6448 "Standard Specification for Industrial Burner Fuels from. Used Lubricating Oils" or City approved alternative method(s). Records shall be kept on site for the previous two years of operation and made available to City personnel upon request. 6. Records shall be made available for review by City personnel upon request, provided however, that records determined by Ecology to be protected by RCW 70.94.250 shall not be disclosed to any party other than to Ecology and will be made available only for confidential use by Ecology. 7. Prior to commencement of operations of asphalt plant operations, CPM shall submit and receive approval from the City's CEDD a fugitive dust control plan that identifies reasonable precautions to: a. prevent particulate matter (PM) from becoming airborne from storage piles, transfer points, traveled surfaces, staging areas,parking areas, and other sources of particulate matter(i.e. dust); b. prevent the deposition of particulate matter onto the property of others or beyond the facility property line;and c. prevent the deposition of particulate matter(PM)onto paved public roadways. 8. Any CPM continuous odor response plan (CORP) approved by Ecology must also receive approval by City prior to commencement of asphalt plant operations (excluding necessary testing required by Ecology). Once approved by the City, the odor response plan shall be followed. Revisions or modifications to the plan shall receive written approval by the City prior to implementation. a. The CORP shall include, but not be limited to specific identification and telephone numbers of CPM Plant personnel or others for receipt of and response to all complaints. b. The CORP shall include the requirement that CPM notify the City (CEDD) of all complaints received and their disposition. c. The plan shall identify the actions CPM will take upon receipt of an odor complaint, including verifying the plant is operating in accordance with the Operation and Maintenance plan required in the Pasco HMA Plant NOC and all plant equipment is functioning properly. 9. If the City receives an odor complaint, it shall notify CPM upon receipt. The City may investigate independently any odor complaints. If the City believes, based on its investigation that the odors originate from the CPM Pasco HMA Plant, the City may engage an independent investigator qualified in odor response and enforcement to further investigate the complaint in accordance with Section 10.c.1 below, EXHIBIT 1 10. With respect to odor complaints made pursuant to Section 9 above, the City may take enforcement action under this Program (including engaging an independent investigator at CPM's expense) if the Director of Community and Economic Development or a duly authorized representative has documented all of the following: a. The detection by the Director or a duly authorized representative of an odor at a level 2 or greater,according to the following odor scale: Level 0— no odor detected; Level 1 — odor barely detected; Level 2— odor is distinct and definite, any unpleasant characteristics recognizable; Level 3 — odor is objectionable enough or strong enough to cause attempts at avoidance; and Level 4— odor is so strong that a person does not want to remain present. b. An affidavit from a person making a complaint that demonstrates that they have experienced odor emissions of an intensity equal to or greater than level 2 on the scale set forth above and a sufficient duration so as to unreasonably interfere with their enjoyment of life and property; and c. The source of the odor(the HMA Plant)which shall be confirmed by the Director of Community and Economic Development,following receipt and review of- i. The data and report of the independent investigator retained by the City,provided that the independent investigator shall notify CPM of the time and place of the investigation and a CPM representative may accompany the independent investigator;and ii. The Investigation Report prepared by CPM pursuant to the City-approved CORP. d. The cost of the independent investigator shall be paid by CPM. Payment shall be made within thirty(30)days of receipt of invoice from City. 11. The City may take enforcement actions against CPM under Title I PMC or other applicable law, including but not limited to the issuance of civil violations under PMC 11.02.050; abatement under PMC 11.02.070 which may include suspension of Plant operations until applicable problems are corrected and revocation of the special permit as set forth in PMC 25.86.130 subject to the limitations set forth below: a. Mechanical failures resulting in odor complaints shall be limited to monetary penalties under PMC 11.02.050 & .060. except for persistent failure or failure caused by nonconformance with the O&M Plan. b. In the event of persistent violation of the terms of this Special Permit, the Air and Odor Program, the NOC or any other severe and continuous violation of odor or emissions standards, the City may invoke its revocation authority set forth in PMC 25.86.130. 12. The City's Director of Community and Economic Development, or duly authorized representative, shall be allowed to enter the facility premises at reasonable times to inspect equipment and/or records specific to the control, recovery, or release of EXHIBIT 1 contaminants into the atmosphere in accordance with RCW 70.94.200. No person shall obstruct, hamper or interfere with any such inspection. The City shall provide advance notice of any such entry, except in cases of emergency, and City personnel shall comply with all applicable safety rules and regulations. CPM shall provide any required Personal Protective Equipment at CPM's expense. 13. Nothing in this Program shall be construed to impair any cause of action or legal remedy of any person, or the public for injury or damages arising from the emission of any air contaminant in such place, manner or concentration as to constitute air pollution or a common law nuisance. 14. This document may be modified as agreed by the parties to comply with any Department of Ecology conditions of permit issuance. In the event of a conflict between this Program and Department of Ecology standards or conditions,the more restrictive shall govern. 15. References in this Air and Odor Program to the Department of Ecology shall mean such other local air pollution control authority with jurisdiction in the City that may be established under Chapter 70.94 RCW or other applicable law during the term of this permit. AGENDA REPORT FOR: City Council June 30, 2009 Regular Mtg.: 716109 City Manager TO: Gary Crutchfield, �1 i� Rick White, 2 1k Community& Economic Development Director FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION: Tippet Lane(MF#VAC09-010 I. REFERENCE(S): I. Vicinity Map 2. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Conduct Public Hearing: 7/6: MOTION: I move to adopt Ordinance No. , an Ordinance vacating Tippet Lane and, further, to authorize publication by summary only. 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 Council set July 6, 2009 as the date to consider the vacation. V. DISCUSSION: The proposed street vacation has been reviewed by the City Engineering Department and the utility providers. The Engineering Department is requesting an easement be retained for the existing sewer line located in Tippet Lane. 7(b) K all -art-. -{(•J1KlY{' - lk IJ-1 .5..;` ..w. +` •weal `g .�:... milk NOW F V { �. { . „ s'-:,..- w✓�it ."';.•�, . .;s fly r°`�G :.. ,:t1 �. ,• _,.+_` �-.:^�`•,a + ix ` '.Vx1L, +� � .!Sl a �` ��'�•~ }'✓ • � __ pct .%r •'�.r'-•''a'• ''r" , •"•� ..,ti, '•�k' :•" eta - j arty.%N'•�l1` P.'it i. 1 v1.__.._ .3►:. _ . a zz-.. -..\ 1: �� • ',. .�..vim•-__. .�•.:`i i'�+�. "•T WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3' Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING TIPPET LANE WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City,the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That all of Tippet Lane, 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 vacated right-of-way described in Section 1 above for the construction, repair and maintenance of public utilities and services. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 6th day of July, 2009- Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney 5 ct CIO . .4 �1 1S NOION6859 Z rd '2 .� L � � V Q � W AGENDA REPORT FOR: City Council June 29, 2009 TO: Gary Crutchfield, City Manager Regular Mtg.: 7/6/09 Rick White, Director Community&Economic Development FROM: Shane O'Neill, Planner I SUBJECT: PRELIMINARY PLAT: Casa Del Sol Division II, 124 lots South of Sandifur Parkway between Road 44 and Road 52(Fastrack Inc.) (MF#PP09-001} 1. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Preliminary Plat ** 4. Report to the Planning Commission 5. Planning Commission Minutes: Dated 5/21109 & 6/18/09 ** (Attachments in Council packets only; copies available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.i)asco- wa.gov/generalinfo/citycouncilreports). II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 716: MOTION: I move to approve Resolution No. , approving the preliminary plat for Casa Del Sol Division 11. IILFISCAL IMPACT: A. NONE IV.HISTORY AND FACTS BRIEF: A. On May 21, 2009, the Planning Commission conducted a public hearing to develop a recommendation for the City Council on the preliminary plat for Casa Del Sol Division 11. Casa Del Sol Division II is a proposed 124-lot subdivision located south of Sandifu.r Parkway between Road 44 and Road 52. B. Following the conduct of a public hearing, the Planning Commission determined that with conditions related to sewer service and other infrastructure needs, the preliminary plat could be recommended for approval. The recommended conditions are contained in the attached resolution. C. No written appeal of the Planning Commission's recommendation has been received. 8(a) p !1• ------ �` .�� �w!l!�!""° ^: a —���-i 'C:"i?'?...._.,': �,.;� �! ir on a mc? 1W • "€i 'Iv,. �°rr';L•, .."� '+�', � M�GM ,'!1� Are �,�:�� '•� �•/O" ,4'•. :�. � F `•'fie�'l�. '�#'� 1 "'� 1 � �, a. r= 1� A %il. al {'-t< 44* No MAN 74 AW •-���,�� ".fir, �Y�"��•'-�' �f�!'•i'[~rt���. '�,1 t � �1:� •' 'J a+ A • i.• �. "s'i 6A►... �,. •-�ti.y�.`-.,::.7����i.���!; � � � �oPl3�Z',.�{ :�.i�: � " ,' ��i��s�.���" '� ��'. ..{r i• • �1'. ! as "�L4 f �.l `t ' L 7 .ill ' a ..� . MAL M. / �•. } �' "rc � �I p `�."ale 'iRo4 • > �' ell -mom PAO MW Lo- irk RA...ernTSYrI,Y!�.ogtq^,r..m-�.«��n•�..s..�.+�+. :.raw ab�s ;:'w.*'!. �"1 ♦ � 1 1. "'n 10 "�'� �.•i� �:• � � } � >,'. � s � �'�� },1� fat ��i,`twi..kt Ul wr it Z=11 NNW -.` ' �`•-' ✓t6S' �n'..t. �y a 24 . •7 Z` �'�-3�` 1 Z �l' a•�•',� ,' ''"�1? RESOLUTION NO. A RESOLUTION approving a planned density development preliminary plat for Casa Del Sol Division II. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community;and, WHEREAS, owners and developers of property situated in the southwest quarter of Section 11,Township 9 North, Range 29 East, W.M. have requested approval of a preliminary plat;and, WHEREAS, the Planning Commission has reviewed said preliminary plat which is named Casa Del Sol Division II; and WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions;NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the preliminary plat for Casa Del Sol Division 11 located in the southwest quarter of Section 11,Township 9 North,Range 29 East, W.M., is hereby approved with the following conditions: 1) At the time lots are developed, all abutting roads and utilities shall be developed to City standards as approved by the City Engineer. This includes, but is not limited to: water, irrigation and sewer lines, street paving, curb, gutter, street lights, and storm water retention. Sidewalks must be installed no later than the time each lot is developed with a house. The handicapped accessible pedestrian ramps must be completed with the street and curb improvements prior to final plat approval. All existing and proposed utilities must be installed underground by the developer at the developer's expense. All of Road 52 plus the radius and a 100 foot transition east on Sandifur Parkway must be completed to City standards with the first phase of the development. Sandifur Parkway must be completed 100 feet east of Porto Lane with Phase 2 and the balance of Sandifur Parkway to Road 44 must be completed with Phase 3. 2) No fences, utility vaults,pedestals, or other obstructions will be allowed to obstruct sight distances at intersections. 3) The developer/builder shall pay the City a "traffic mitigation fee" per the Municipal Code. 4) The developer shall install a common estate type fence/wall six feet in height along the rear line of all lots abutting Road 52, Sandifur Parkway and Road 44. The fence shall be constructed of masonry block to match the fencing on the north side of Sandifur Parkway. The City may make repairs or replace the fencing as needed. Property owners adjoining said fence/wall shall be responsible for payment of all costs associated with maintenance and upkeep of the fencing/wall. These fencing/wall requirements shall be noted clearly on the face of the final plat(s). 5) The common estate fence on Road 52 shall match the existing vinyl fence on Road 52 until the Williams Pipeline easement. The masonry block fence shall start on Road 52 at 1 the intersection with the Williams Pipeline easement and shall continue to the north line of lot 40 Casa Del Sol Phase 6. 6) The developer shall be responsible for all costs associated with construction inspection and plan review service expenses incurred by the City Engineering Department. 7) The developer will be required to provide a deposit to the City of Pasco to ensure that record drawings of the constructed utilities are created. A topographic survey of the constructed utilities must be performed. The topographic survey shall include manhole lids and sewer invert elevations, location of sewer stubs, water valves, water meters, irrigation valves, irrigation services, storm water catch basins, street lights, fire hydrants, monuments and other pertinent information deemed necessary, to the satisfaction of the City of Pasco. The developer will be required to coordinate the efforts of their surveyor and engineer to create records drawings to the satisfaction of the City of Pasco. 8) The developer shall ensure active and ongoing dust and litter abatement activities occur during the construction of the subdivision and construction of the houses thereon. 9) The final plat shall contain 10 to 15 foot utility easements parallel to all streets as required by utility providers. 10) All engineering designs for infrastructure and final plat drawings shall utilize the published City of Pasco Vertical Control Datum. Said datum shall be identified on the drawings for each submittal. 11) A note shall appear on the final plat for any phase containing the gas main line explaining that there is a 20 inch diameter, pressurized natural gas pipeline located within the boundaries of the plat. 12) Williams Pipeline currently has an easement for a natural gas pipeline through the northwest corner of the proposed subdivision. Construction of any utilities will require preapproval from the Williams Corporation to cross this easement. All public utilities passing through this easement must be continuously sleeved to a minimum of 10 feet beyond the easement lines. 13) Fencing is not permitted within the Williams Pipeline easement. A note shall appear on the final plat of any phase containing this easement indicating this restriction. 14) The overhead power lines along Road 52 must be moved underground with the construction of the first phase of this development. i 5) The final plat shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or-company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat." 16) All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified by lot number in the notes on the face of the final plat(s). 17) All storm water must be disposed of through means approved by the City. All methods utilized to capture and dispose of storm water must be in accordance with current City Codes and Standard Specifications, and applicable Washington State Law. 2 18) The developer shall be responsible for installing landscaping in the unimproved right-of- way on Road 52, Sandifur Parkway, and Road 44. This landscaping will consist of lawn and Spring Snow Crab apple trees or approved equal. The trees shall be spaced at 50-foot intervals. No trees will be planted within 25 feet of a street light. The landscaping must include an irrigation system. All landscape plans shall be reviewed and approved by the City's Engineering and Community and Administrative Services departments prior to installation. 19) Lots abutting Road 52, Sandifur Parkway and Road 44 shall not have direct access to those streets. Access shall be prohibited by means of deed restrictions or statements on the face of the final plat(s). 20) The developeribuilder shall pay the City a"common area maintenance fee" of$375 per .lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to for the maintenance of the landscaping along Road 52, Sandifur Parkway and Road 44. The City shall accept maintenance responsibility for the landscaping abutting said streets at such time as all maintenance fees for all lots in each division abutting said streets have been paid. The developer and or subsequent developers, home builders or assigns shall be responsible for all maintenance until such time as all fees have been paid to the City. 21) Irrigation mainlines must be installed throughout the entire proposed plat of a size sufficient(minimum 4 inch diameter)to service each and every currently proposed/future lot pursuant to PMC 26.04.116. Additional mainlines, as directed by the City Engineer may be required to be installed. The developer must install a properly designed irrigation system with stubs to all lots in the subdivision for future irrigation needs. All easements/rights-of-way necessary to convey an irrigation system to and through the proposed plat must be conveyed to the City of Pasco. The irrigation lines shall run in easements/rights-of-way as directed by the City Engineer. 22) All streets are to be developed to City standards and/or as directed by the City Engineer. Street grades for all arterial and collector roads shall not exceed 6 percent. Interior local access street grades shall not exceed 10 percent. Approaches to intersecting interior streets shall not exceed 2 percent and any street intersecting an arterial or collector street shall be zero (0) percent coming out of the toe of the arterial/collector street slope. All temporary streets will be required to have a paved turn around (2 inch pavement on 4 inches of rock base) at the end of the street to the satisfaction of the City Engineer. 23) All water lines must be extended through the length of each proposed plat. All water lines will be required to be looped with the existing City of Pasco water system. A deposit is required for the removal of any temporary loops installed by the developer. The deposit must include the cost of removing the temporary piping, replacing damaged curb, gutter and sidewalk, and a curb-to-curb replacement of all pavement for at least 10 feet on both sides of the temporary line that was removed. No water valves or meter boxes are to be located in any easements or walkways. 24) Any and all utilities must be located as directed by the City Engineer. This shall include but not be limited to gas, phone, power, cable and all other utilities located within or adjoining this preliminary plat. Any existing utilities that present difficulties shall be relocated at the developer's expense,pursuant to the City Engineer's direction. All utility plans, including the above mentioned, are required to be submitted to the City of Pasco prior to subdivision approval. 3 25) The final plat(s) must contain the following statement: "Irrigation service lines are currently available to lots within this plat; however, water for the irrigation system may not currently be available. The City of Pasco is constructing its irrigation infrastructure on an ongoing basis. The use of the system will become available as time and resources permit the expansion and connection of new systems to the existing irrigation supply". This statement must appear on all pages of said final plat(s). 26) Street lighting must be as directed by the City Engineer. Residential street lights are typically installed every 300 feet and collector/arterial street lights are installed every 150 feet. 27) Prior to the City of Pasco accepting construction plans for review for any phase of development the developer must enter into a Storm Water Maintenance Agreement with the City. The developer will be responsible to obtain the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement must be presented to the City of Pasco at the first intake meeting for construction plans for each phase of development. 28) The developer will be required to conform to all conditions set forth in the Storm Water Maintenance Agreement including, but not limited to, regular cleaning and maintenance of all streets, gutters, catch basins and catch basin protection systems. Cleaning shall occur on a regular basis to ensure that no excess build up of sand, trash, grass clippings, weeds or other debris occurs in any portion of the streets, gutters, or storm water collection facilities. Cleaning and upkeep of the streets, gutters, and storm water collection facilities must be to the satisfaction of the City Engineer. The developer will be responsible to operate and maintain the storm drain system in accordance with the Storm Water Maintenance Agreement for a period of 5 years from the date of final plat approval for each phase or until the system is accepted by the City of Pasco whichever is less. The City of Pasco's acceptance of construction plans for subsequent phases of the subdivision will be contingent on the developer satisfying all requirements of the Storm Water Maintenance Agreement. 29) The developer will be required to comply with the City of Pasco Civil Plan Review process.A copy of the requirements for the civil plan review process is available from the City Engineering Department. All construction plans must substantially conform to the approved preliminary plans submitted with the preliminary plat. Passed by the City Council of the City of Pasco this 6th day of July,2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, Leland B. Kerr, City Attorney City Clerk 4 REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 09-001 APPLICANT: Fastrack, Inc. HEARING DATE: 5/21/09 3515 Hovley Lane ACTION DATE: 6/ 18/09 Pasco, WA 99301 BACKGROUND REQUEST: PRELIMINARY PLAT: Planned Density Preliminary Plat — Casa Del Sol Division II 124-Lots 1. PROPERTY DESCRIPTION: Legal: The southwest quarter of Section 11, Township 9 North, Range 29 East, W.M., City of Pasco, Franklin County, Washington, excepting therefrom any portion lying south of the northerly lines of Casa Del Sol Phase 3, as filed in Volume D of Plats, Page 302, and Casa Del Sol Phase 6, as filed in Volume D of Plats, Page 288, Franklin County, Washington. General Location: South of Sandifur Parkway between Road 44 and Road 52 Property Size_ 44.6 Acres Number of Lots Proposed: 124 single-family lots Square Footage range of Lots: 7,934 sq. ft. to 20,996 sq. ft. Average Lot Square Footage: 10,379 sq. ft. 2. ACCESS: The property has access from Sandifur Parkway, Road 52 and Road 44. 3. UTILITIES: All municipal utilities are available to the site from the Casa Del Sol development to the south. 4. LAND USE AND ZONING: The site is zoned R-S-1 (Suburban) and has been partially graded in preparation for development. Zoning and land uses of the surrounding properties are as follows: NORTH- R-S-1 farm circle/Northwest Commons subdivision SOUTH- R-S-1 Casa Del Sol subdivision EAST- R-S-1/PUD farm circle WEST- R-1 Village of Pasco Heights subdivision (vacant & platted) S. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for low density residential development. The Plan further t indicates low density residential development means 2 to 5 dwelling units per acre. The criteria for allocation under the future land use section of Volume Il of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for residential uses when or where; sewer is available, land is suitable for home sites, and when there is a market demand. Policy H-1-E encourages the advancement of home ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 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 property in question was rezoned and granted preliminary plat approval for single-family development in 2002. In the last five years the developer has completed construction on the south half of the development. While some of the engineering work has been completed for the north half, the infrastructure improvements have not been completed. The applicant has applied for a preliminary plat approval along with a Planned Density Development designation. The original preliminary plat for the property was approved with a Planned Density Development designation. The purpose of the Planned Density Development designation process is to provide a degree of flexibility for the layout of subdivisions and to encourage variety in housing developments. The regulations do not permit the average overall density to exceed that of the underlying zone. In this case the underlying zoning would permit 145 single-family lots. The application is seeking approval for 124 lots. The average lot size will be 10,379 square feet. The proposal is essentially a continuation of the previously approved development with four fewer lots than previously approved. LOT LAYOUT: The proposed plat contains 124 lots with an average lot size meeting the R-S-1 zoning requirements. RIGHTS-OF-WAY: All lots have frontage on streets that will be dedicated for public use. UTILITIES: The developer will be responsible for extending the water lines, sewer lines and other utilities into the plat. A utility easement will be needed along the first 10-15 feet of all lots. The final location and width of the easements will be determined during the engineering design phase. The front 2 yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not encroach upon the buildable portions of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and at a maximum of 600-foot intervals and streetlights are located at street intersections and at 300-foot intervals on residential streets. STREET NAMES: The proposed street names match the names of streets in the developed portions of Casa Del Sol. A few of the proposed street names have already been used in surrounding developments. The names will need to be changed prior to final plat approval. IRRIGATION: The Municipal Code requires the installation of irrigation lines as a part of infrastructure improvements. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval. If no water rights are available to transfer to the City the property owner/developer must pay a water-right fee of $1,500 per acre in lieu thereof. The Public Works Director may waive the fee if the developer mixes a soil additive in the ground that provides 30% retention of irrigation water. In this case the developer previously provided the City with water rights and irrigation well. FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact": Prevent Overcrowding: With an average lot size of 10,379 square feet the proposed development will address the overcrowding concern by providing manageable lots and usable open spaces. R--S-1 zoning requires a 20 foot front yard set back and no more than 40 percent lot coverage providing for open space on the lots. 3 Parks, Open Space and Schools: The Casa Del Sol development previously provided 5 acres for a neighborhood park. The park is located on Laredo Drive half a block south of Casa Del Sol Division 11. An elementary school site has been purchased at the northwest corner of Road 60 and Sandifur Parkway. The eight acre site is now owned by the School District. The School District has also purchased a 40 acre parcel at Road 52 and Power Line Road for a future middle school. Effective Land Use/Orderly Development: The plat is laid out to effectively utilize the site consistent with surrounding residential development. The site is within the Pasco Urban Growth Boundary and designated for residential development in the Comprehensive Plan. The site is currently zoned for single- family residential development. Safe Travel & Walking Conditions: The plat provides connections to the community by way of local access streets. Sidewalks are required to be installed on all streets when homes are built. Adequate Provision of Municipal Services: Municipal water and sewer lines will be extended to the plat from nearby lines. All utility lines will be sized and installed to meet the standard specifications of the City. Provision of Housing for State Residents: This preliminary plat will provide 124 lots for the construction of new single-family dwellings for Pasco residents. Adequate Air and Light: The lot sizes and maximum lot coverage limitations will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: Streets in the plat will be paved and developed to City standards to assure proper access is maintained to each lot. Connections to the community will be provided by local streets. The preliminary plat was submitted to the Transit Authority for review. No comments were received from the Transit Authority. Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the site for low-density residential development. Policies of the Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. Other Findings: (list additional findings as appropriate) 1. The site is within the Pasco UGA. 2. The site is currently vacant. 3. The property is zoned R-S-1 which is identical to the zoning of the development to the south. 4 4. Comprehensive Plan Policy H-2 suggests the City strive to maintain a variety of housing options for residents of the community. 5. Comprehensive Plan Policy LU-2 supports the protection and enhancement of the established character of viable residential neighborhoods. 6. The Comprehensive Plan (TR-1-G) encourages the interconnection of neighborhood streets. 7. Future school sites have been purchased near the proposed plat. 8. Each lot developed within the 1-182 corridor is required by code to pay a traffic mitigation fee. 9. The proposed plat was part of a plat that was previously approved by the City. 10. The original Casa Del Sol subdivision and the Desert Sunset subdivision are located to the south. 11. The Casa Del Sol Park has previously been dedicated and developed. 12. Utilities have been extended to the site. 13. The proposed subdivision will be constructed following the engineering standards and specifications of the City. 14. The proposed plat will allow the interconnection and looping of utilities. 15. Streets in the proposed subdivision will connect to existing and proposed neighborhood streets. 16. The site contains 44.6 acres with 124 lots, equaling 0.36 lots/units per acre. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the Municipal Code and standard specifications of the City Engineering Department. These standards were designed to ensure the public health; safety and general welfare of the community are secured. The standards include sidewalks for safe walking conditions. These standards also include provisions for streets, drainage, water and sewer service and requirements for parks (a park has already been built in the neighborhood). This preliminary plat has been forwarded to the Franklin County PUD, the Pasco School District and Ben-Franklin Transit Authority 5 for review and comment. The School District has purchased nearby sites for an elementary school and a middle school. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed plat is a continuation of an existing and previously approved residential subdivision (Casa Del Sol). (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for low density residential development. Low density development is described as 2 to 5 single-family units per acre in the Comprehensive Plan. The policies of the plan encourage the advancement of home ownership (H-1-E). Plan Goal H- 2 suggests the City strive to maintain a variety of housing options for residents of the community. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps, and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and findings of fact. The findings of fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations. (6) The public use and interest will be served by approval of the proposed subdivision. The proposed plat, if approved, will be developed in accordance with all City standards designed to insure the health, safety and welfare of the community are met. The Comprehensive Plan will be implemented through development of this plat. These factors will ensure the public use and interest is served. 6 PLAT APPROVAL CONDITIONS See Alternates # 1 and # 2 attached RECCOMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions as contained in the June 18, 2009 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat for Casa Del Sol Division II with the condition as listed in Alternate # attached to the June 18, 2009 staff report: 1 1.lbraiiia. . IRA n � � i+ .,.y r`; '� a �''�'fi.• r, �i d .MS alp t jo-a ' Si •�1Sp: 'r� '.' � tC�;r-� k' � ~tr y+. MV }, �. ,�'..y. :" � `•'pi- •S i.G ' ;'r.. 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't S� Y t, '� •A� '.h :.d'..1, ,i•, !g •• g 1.r"i^7 .n .1� •^ : Fit �� f�'�I cif'!/•ii ■■ ■■ ■■ ■■ ■■ gas rv, don AOlW ii ■�� �� ■■mot �� �� ■ ovid IN IN IN mm MEN mm ■■■■■■ ■■■ ■■■r` � ♦�j«♦41�j f � ♦jam♦��■■ • 1 ■■ ■■ ■■ ■ i ��f ■■ son mosom No ■■■■■■■■ ■■SOMME■ ■■ ` �r ■■ ■■ ■■ ■■ ■■ ■■ ■■ ■■ ■■ ■■ ter �/I�'`� �� ■� ■■ ■■ ■■ S IF-A OVA Wet- m if,WA IN AFA lap ,�� , �• . ■■■�1S • �� ■�� � �� �� i■ /rrr. i�■ 0�g 05101M iii/I�'//ri■ ■■ ■� m ii WVA IN ow mm �■■■■■ ■■■ t■■�� Ems mm i♦j 1��1�♦jf �a I�d Memo r Public Works Department Engineering Division To: Planning Commisision, City of Pasco From: Michael McS E, City Engineer Date: June 96, 2009 Re: Casa Del Sol Division 11 Gentlemen, In the conditions for plat approval for the subdivision known as Casa Del Sol Division II the Engineering Department has requested that the developer be required to construct the adjoining portions of Road 52 and Sandifur Parkway with the first phase of development. The requirement to construct arterial streets in conjunction with the first phases is typical of subdivision development, notably the subdivision directly to the north (Northwest Commons) was required to construct the half of Sandifur Parkway abutting that property. Three Rivers Crossing (to the west) was also required to construct Sandifur Parkway in conjunction with the first phase of their development. This development is a continuation of a previously approved subdivision by a different developer. With the ongoing construction of homes in the previous phases, the new homes proposed, and surrounding development (LDS stake center in Northwest Commons and proposed Middle School on Road 52) the traffic volume will substantially increase in the area surrounding this subdivision. Our citizens desire roadways that have an appropriate level of service, if the time line to complete these improvements is prolonged due to a slowdown in development it puts increased pressure on the City to construct and pay for the necessary roadway improvements. Planning Commission Minutes 5/21/09 B. Preliminary Plat Casa Del Sol Div II (Fastrack) (South of Sandifur Parkway) (MF# PP09-001) Chairman Samuel read the master file number and asked for comments from staff. Staff stated the applicant applied for preliminary plat approval for the Casa Del Sol Division II subdivision. The plat contains 44.6 acres and is located south of Sandifur Parkway between Road 44 and Road 52. The proposed plat includes 124 single-family lots with an average lot size of 10,379 sq. ft. The development equates to 2.8 units per acre. The site is zoned R-S-1 (Residential Suburban District) which allows for 1 unit for every 10,000 sq. ft. The proposed subdivision was part of a larger development that was approved in 2002. Staff reviewed the surrounding land use and zoning and other items in the written report for the benefit of the Planning Commission. Chairman Samuel asked if the proposed plat required any special conditions. Staff stated one of the conditions recommended by the Engineering Department required Road 52 and Sandifur Parkway be completed to City standards in conjunction with the first phase of the development. These improvements would include paving, curb, gutter, sidewalks, street lighting and any required underground utilities. Chairman Samuel asked if it was standard practice that all utilities are undergrounded in new subdivisions. Staff stated yes. Commissioner Anderson requested more insight on the road requirement that Engineering has come up that is not customary. Staff stated the Engineers may be trying to mirror or complete what they did on the north side with the Northwest Commons development where the developer was required to extend Sandifur from Road 52 to Road 44 with the first phase of that subdivision. Typically street improvements are done in phases. In this case, perhaps the Engineers felt it was important to get Sandifur Parkway completed with the first phase to match the other side. Commissioner Anderson stated he would was interested in what the developer would have to say and if they would be willing to accept the condition to complete Sandifur Parkway with Phase 1. Chairman Samuel opened the public hearing. Jason Maddox, HDJ Design Group 6115 Burden Blvd. spoke on behalf of Fastrack, Inc. He stated the original preliminary plat application had expired. Mr. Maddox briefly explained the plat and his client's background in the plat. Mr. Maddox stated the developer does not agree with Item #1 which requires Sandifur Parkway to be built out in Phase 1. Those requirements upfront with Phase 1 are not proportional to the development that is taking place. Phase 1 contains only 32 lots. Phase 1 does not directly access Sandifur Parkway; all access is through Road 52. The request is not consistent with developments in the past in which developers are not required to build all of the main roads around the exteriors of the plats with the first phase of the development. The developer has requested to build Road 52 up to Sandifur Parkway with Phase 1. Then he would build Sandifur Parkway to Porto Lane with Phase 2. Sandifur would be completed with Phase 3. Mr. Maddox requested the fencing along Road 52 be consistent with the existing fencing to avoid a patchwork of fencing along Road 52. Chairman Samuel asked staff to comment on the fencing. Staff stated the fence issue has been adjusted in the past to make neighborhoods look more consistent with the same type of fencing on the same side of the street. Staff reminded the Commission that street improvements include not only the road surface, but the storm drains, fire hydrants, street lights, block walls, irrigation for the planting strip, the sod and trees for the planting strip. Staff further explained that if the idea of phasing was considered the street improvements should include the radius at street intersections Commissioner Cruz stated he would like to hear from Engineering for the basis of their original request in writing or a verbal explanation. Mr. Maddox further stated Sandifur (the current segment from Rd 52 to Rd 44) was constructed with two 12 feet lanes or a 12 foot lane and a 13 foot lane and then a 3-4 foot shoulder. In his professional opinion, with the current traffic Sandifur functions safely. Commissioner Schouviller asked why vinyl fencing was not adequate, or what was the reason for requiring the block wall. Staff stated last year the City Council discussed the issue after receiving recommendation from the Planning Commission. All new subdivisions were to use block fences because of durability concerns over vinyl or wood. Chairman Samuel commented that wood fencing is not appealing with holes it looks horrible. Bill Wahler, 4809 Laredo Drive stated he lives nearby and he was concern about lot sizes. Mr. McDonald stated the lots would be consistent with the Casa Del Sol lots. The subdivision would consist of lots that are 10,000 sq. ft. Mr. Wahler recommended the fencing be vinyl to be consistent. Mr. Wahler asked where the irrigation water in the development would come from. Staff stated there will not be new wells constructed and it would feed of the current wells in the area. Mr. Wahler further stated he is having noise issues with the current well and did not want another well installed behind his property. Mr. Wahler stated he has witnessed the area grow with a park and sidewalks and stated the sidewalks are not being maintained at this time and they look trashy with tumbleweeds, etc. He does not want to add curb, sidewalks and a wall which would make two sides of the Sandifur look trashy with debris. After three calls and no further response the public hearing was closed. Staff stated they would contact the Engineering Dept. regarding the extension of Sandifur Road in the first Phase. Commissioner Anderson stated he agreed with the developers' proposal for Sandifur Parkway. He stated there was little or no traffic on Sandifur at this time and there is no need to build that road at this time. Secondly, he is in favor of keeping the fence consistent and then return to the standards of installing brick walls. Finally, he stated he did not see a need to get information from the Engineering Dept. and feels it is perfectly within their purview and their capabilities to make this decision and recommends they adopt the conditions as requested by the developer. Commissioner Cruz stated he agreed with Commissioner Anderson except on the last item and would like Engineering to provide the necessary reasons for the request of building all of Sandifur Parkway with the first phase. Commissioner Schouviller agreed with Commissioner Andersons' proposal. Chairman Samuel agreed with Commissioner Andersons' proposal and further stated they would like a memo which describes the reasons for the condition. Chairman Samuel stated the majority would prefer to see a memo from Engineering. Commissioner Anderson stated there is no compelling reason to request the developer to build Sandifur as requested. Chairman Samuel stated they would like to revise special condition #1 to state that the road be built as requested by the developer. Item #4 would also need to be revised to be consistent with the existing fence along Road 52. Commissioner Little asked if it would be typical in future development to deviate from the fence standards. Staff explained the proposed development is a continuation of an existing previously approved plat that already has vinyl fencing. Continuing up Rd 52 with that fencing will avoid a mis-matching situation. With a new subdivision they would start with a clean slate and there would be no reason to provide an exception. Three rivers Crossing on Sandifur Parkway and Convention Drive is an example of where an exception was made. Chairman Samuel asked if staff had enough information to revise these special conditions. Staff stated yes. Commissioner Anderson moved, seconded by Commissioner Hay to close the public hearing on this preliminary plat application and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the June 18, 2009 meeting. The vote was unanimous. Planning Commission Minutes 6/18/09 A. Preliminary Plat Casa Del Sol Div II (Fastrack Inc.) (South of Sandifur Parkway between Road 52 and Road 44) (MF# PPO9-001 Chairman Samuel read the master file number and asked for comments from staff. Staff explained at the last Planning Commission Hearing there was considerable discussion on the approval conditions for the proposed plat. There was a request from the Planning Commission that the Engineering Department provide a memorandum with clarification on condition (#1) related to improvements for Sandifur Parkway. The Planning Commission instructed staff to provide a condition for phased development of Sandifur Parkway. Phase 1 was to include Road 52 to Sandifur Parkway. Phase 2 would extend Sandifur Parkway to Porto Lane and Phase 3 would extend Sandifur Parkway to Road 44. The Planning Commission also asked for clarification on condition #4 related to the estate fence. Staff pointed out condition #5 was added to address question on the estate fencing. Staff also explained two sets of conditions were provided. Alternate #1 contained the condition for phase development of Sandifur Parkway and Alternate # 2 contained the original condition for Sandifur Parkway from the Engineering Department. Chairman Samuel asked if the options had been reviewed with the applicant and would the applicant continue with the application if Alternate #2 was approved. Staff stated both proposals had been reviewed with the applicant as well as the applicant's engineer and real estate agent and they have stated they would not be able to move forward if the Alternate #2 was approved. They would rescind their application. Commissioner Kempf moved, seconded by Commissioner Cruz to adopt findings of fact and conclusions as contained in the June 18, 2009 staff report. Commissioner Kempf further moved, seconded by Commissioner Cruz based on the findings of fact and conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat for Casa Del Sol Division II with the conditions as listed in Alternate #1 attached to the June 18, 2009 staff report. Motion passed unanimously. AGENDA REPORT FOR: City Council Jane 29, 2009 Mtg.:TO: Gary Crutchfield, City Manager Re L � g g.: 7/6/09 Rick White, Director Community&Economic Development FROM: Shane O'Neill,Planner I SUBJECT: PRELIMINARY PLAT: Chanel Hill Division II, 94 lots south of Woodbine Drive and east of Saratoga Lane(Liberty Bankers) (MF#PP09-002) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Preliminary Plat ** 4. Report to the Planning Commission 5. Planning Commission Minutes: Dated 5121/09 &6/18109 ** (Attachments in Council packets only; copies available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www. iisco- wa govl generalinfo/citycouncilreports). II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 7/6: MOTION: I move to approve Resolution No. , approving the preliminary plat for Chapel Hill Division II. III.FISCAL IMPACT: A. NONE IV.HISTORY AND FACTS BRIEF: A. On May 21, 2009, the Planning Commission conducted a public hearing to develop a recommendation for the City Council on the preliminary plat for Chapel Hill Division 11. Chapel Hill Division II is a proposed 94-lot subdivision located south of Woodbine Drive and east of Saratoga Lane. B. Following the conduct of a public hearing, the Planning Commission determined that with conditions related to sewer service and other infrastructure needs, the preliminary plat could be recommended for approval. The recommended conditions are contained in the attached resolution. C. No written appeal of the Planning Commission's recommendation has been received. 8(b) " •. 4j ; yam'.�•, t' R. � +'(trV9a�.�,.: Ai x r'' 74,1 f o� Ilk IN dw Oj Kwe oll r... 4 •i I. ; xt: . ,r1rd" �1 A{�a 1r s� • 4. y Mll ^ . '� 4>M.+yL� _Ni•C,Y r L�,T �.0'Fr' j M`; ` 1 RESOLUTION NO. A RESOLUTION approving a preliminary plat for Chapel Hill Division I1. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community;and, WHEREAS, owners and developers of property situated in the south half of Section 15, Township 9 North, Range 29 East, W.M.have requested approval of a preliminary plat; and, WHEREAS, the Planning Commission has reviewed said preliminary plat which is named Chapel Hill Division 11;and WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF P.ASCO: That the preliminary plat for Chapel Hill Division 11 located in the south half of Section 15, Township 9 North,Range 29 East W.M.,is hereby approved with the following conditions: I) At the time lots are developed, all abutting roads and utilities shall be developed to City standards as approved by the City Engineer. This includes, but is not limited to water, irrigation and sewer lines, streets, street lights, and storm water retention. Sidewalks must be installed no later than the time each lot is developed with a house. The handicapped accessible pedestrian ramps must be completed with the street and curb improvements prior to final plat approval. All existing and proposed utilities must be installed underground by the developer at the developer's expense. 2) No fences, utility vaults,pedestals, or other obstructions will be allowed to obstruct sight distances at intersections. 3) The developer/builder shall pay the City a "traffic mitigation fee" per the Municipal Code. 4) The developer shall install a common Estate type fence/wall 6 feet in height along the rear line of all lots abutting the Franklin County Irrigation District Canal Right of Way. Property owners adjoining said fence/wall shall be responsible for payment of all costs associated with maintenance and upkeep of the fencing/wall. These fencing/wall requirements shall be noted clearly on the face of the final plat(s). 5) The developer shall be responsible for all costs associated with construction inspection and plan review service expenses incurred by the City of Pasco Engineering Department. 6) The developer/property owner must dedicate the five acre park site on Chapel .Hill Boulevard to the City when building permits have been issued for 60 lots in Chapel Hill Division 2. The public right-of-way improvements (curb, cutter, sidewalk etc.) on Chapel Hill Boulevard fronting the park site must be constructed to city standards prior to park dedication. These improvements shall include a sewer, water and an irrigation stub. Building permits will not be issued for more than 60 lots in the plat until the park site has been improved and dedicated. The property owner must enter into a park dedication and 1 improvement agreement with the City of Pasco specifying the terms and conditions of the park dedication. No construction drawings will be approved for any phase of Chapel Hill Division 11 until the park dedication agreement is signed and recorded. 7) The developerlbuilder shall pay the City a park fee of $300 per lot upon issuance of building permits for homes. 8) The developer will be required to provide a deposit to the City of Pasco to ensure that record drawings of the constructed utilities are created. A topographic survey of the constructed utilities must be performed. The topographic survey shall include manhole lids and sewer invert elevations, location of sewer stubs, water valves, water meters, irrigation valves, irrigation services, storm water catch basins, street lights, fire hydrants, monuments and other pertinent information deemed necessary, to the satisfaction of the City of Pasco. The developer will be required to coordinate the efforts of their surveyor and engineer to create records drawings to the satisfaction of the City of Pasco. 9) The developer shall ensure active and ongoing dust and litter abatement activities occur during the construction of the subdivision and construction of the houses thereon. 10) The final plat shall contain 10 to 15 foot utility easements parallel to all streets as required by utility providers. 11) All engineering designs for infrastructure and final plat drawings shall utilize the published City of Pasco Vertical Control Datum. Said datum shall be identified on the drawings for each submittal. 12) The final plat shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat." 13) All storm water must be disposed of through a storm system and collection ponds. All methods utilized to capture and dispose of storm water must be in accordance with current City Codes and Standard Specifications, and applicable Washington State Law. 14) Irrigation mainlines must be installed throughout the entire proposed plat of a size sufficient(minimum 4 inch diameter)to service each and every currently proposed/future lot pursuant to PMC 26.04.116. Additional mainlines, as directed by the City Engineer may be required to be installed. The developer must install a properly designed irrigation system with stubs to all lots in the subdivision for future irrigation needs. All easements/rights of way necessary to convey an irrigation system to and through the proposed plat must be conveyed to the City of Pasco. The irrigation lines shall run in easements/rights of way as directed by the City Engineer. 15) All streets are to be developed to City Standards and/or as directed by the City Engineer. Street grades for all arterial and collector roads shall not exceed 6 percent. Interior local access street grades shall not exceed 10 percent. Approaches to intersecting interior streets shall not exceed 2 percent and any street intersecting an arterial or collector street shall be zero (0) percent coming out of the toe of the arterial/collector street slope. All temporary streets will be required to have a paved turn around (2 inch pavement on 4 inches of rock base)at the end of the street to the satisfaction of the City Engineer. 2 16) All water lines must be extended through the length of each proposed plat. All water lines will be required to be looped with the existing City of Pasco water system. A deposit is required for the removal of any temporary loops installed by the developer. The deposit must include the cost of removing the temporary piping, replacing damaged curb, gutter and sidewalk, and a curb to curb replacement of all pavement for at least 10 feet on both sides of the temporary line that was removed. No water valves or meter boxes are to be located in any easements or walkways. 17) Any and all utilities must be located as directed by the City Engineer. This shall include but not be limited to gas, phone, power, cable and all other utilities located within or adjoining this preliminary plat. Any existing utilities that present difficulties shall be relocated at the developer's expense, pursuant to the City Engineer's direction. All utility plans, including the above mentioned, are required to be submitted to the City of Pasco prior to subdivision approval. 1 S) The final plat(s) must contain the following statement: "Irrigation service lines are currently available to lots within this plat; however, water for the irrigation system may not currently be available. The City of Pasco is constructing its irrigation infrastructure on an ongoing basis. The use of the system will become available as time and resources permit the expansion and connection of new systems to the existing irrigation supply". This statement must appear on all pages of said final plat(s). 19) Street lighting must be as directed by the City Engineer. Residential street lights are typically installed every 300 feet and collector/arterial street lights are installed every 150 feet. , 20) The developer will be required to comply with the City of Pasco Civil Plan Review process. A copy of the requirements for the civil plan review process is available from the City of Pasco Engineering Department. Construction plans submitted for each phase must substantially conform to the approved preliminary drawings submitted with the preliminary plat. Passed by the City Council of the City of Pasco this 6th day of July, 2009. Joyce Olson,Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, Leland B. Kerr, City Attorney City Clerk r 3 REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 09-002 APPLICANT: Liberty Bankers HEARING DATE: 5/21/09 7006 N. Fleming Street ACTION DATE: 6/18/09 Spokane, WA 99208 BACKGROUND REQUEST: PRELIMINARY PLAT: Preliminary Plat—Chapel Hill Division II 94-Lots 1. PROPERTY DESCRIPTION: Legal: The project site is generally located south of Woodbine Dr and east of Saratoga Lane (SW 1/4 of Sec 15, T 9N, R 29 E, lying northerly of the FCID irrigation canal except Chapel Hill Phase 1 and except Parcel # 117-430-147). General Location: West of Saratoga Lane and north of the FCID canal Property Size: 26.89 Acres Number of Lots Proposed_ 94 single-family lots Square Footage range of_Lots: 7,638 sq. ft. to 15,508 sq. ft. Average Lot Square Foota_: 10,079 sq. ft. 2. ACCESS: The property has access from Aintree Drive, Woodbine Drive and Saratoga Lane. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The site is zoned R-1 (Low-Density Residential) and was graded with the construction of the first phase of the Chapel Hill development. Zoning and land use of the surrounding properties are as follows: NORTH- R-1 & R-3 Chapel Hill Phase I (SFD's) & the Crossings at Chapel Hill (MFD's) SOUTH- R-S-20 Single-family dwellings located in the County EAST- R-1/Chapel Hill Phase 3 (single-family lots) WEST- R-S-20 Single-family dwellings in the County & R-T in the City 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for mixed residential development (single-family & multi-family uses). The Plan further indicates mixed residential development means 5 1 to 20 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, pg. 17) encourages development of lands designated for residential uses when or where; sewer is available, land is suitable for home sites, and when there is a market demand. Policy H-1-E encourages the advancement of home ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 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 property in question was rezoned and granted preliminary plat approval for single-family development in 2003. In the last five years the developer has completed portions of the construction on the multi-family and single-family Chapel Hill development. Construction design work for the proposed site was completed when the lots to the north were developed. At that time the site was graded and the street locations were established. The applicant has applied for a preliminary plat approval to allow the remaining 94 lots west of Saratoga Lane to be developed as previously approved. The proposal is essentially a continuation of the previously approved development. LOT LAYOUT: The proposed plat contains 94 lots with an average lot size exceeding the R-1 zoning requirements. RIGHTS-OF-WAY: All lots have frontage on streets that will be dedicated. UTILITIES: The developer will be responsible for extending the water lines, sewer lines and other utilities into the plat. A utility easement will be needed along the first 10-15 feet of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not encroach upon the buildable portions of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and at a maximum of 600-foot 2 intervals and streetlights are located at street intersections at 300-foot intervals on residential streets. STREET NAMES: The proposed street names are consistent with the names of streets in the remainder of the Chapel Hill development. IRRIGATION: The municipal code requires the installation of irrigation lines as a part of infrastructure improvements. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval. if no water rights are available to transfer to the City, the property owner/developer must pay a water right fee of $1,500 per acre in lieu thereof. The Public Works Director may waive the fee if the developer mixes a soil additive in the ground that provides 30% retention of irrigation water. The developers have previously dedicated the water rights and irrigation well. FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact": Prevent Overcrowding: With an average lot size of 10,079 square feet, the proposed development will address the overcrowding concern by providing manageable lots and usable open spaces. R-1 zoning requires a 20 foot front yard set back and no more than 40 percent lot coverage providing for open space on the lots. Parks Opens Space/Schools: The proposed preliminary plat was sent to the Pasco School District for comment and review. The neighborhood park for this plat was identified during the previous platting review process. The park site is located at the intersection of Saratoga Lane and Chapel Hill Boulevard. Effective Land Use/Orderly Development: The plat is laid out to effectively utilize the site consistent with surrounding residential development. The site is within the Pasco Urban Growth Boundary. The proposed plat is a continuation of a previously approved development. Safe Travel & Walking Conditions: The plat provides connections to the community by way of local access streets. Sidewalks are required to be installed when homes are built. 3 Adequate Provision of Municipal Services: Municipal water and sewer lines will be extended to the plat from nearby lines. All utility lines will be sized and installed to meet the standard specification of the City. Provision of Housing for State Residents: This preliminary plat will provide 94 lots for the construction of new dwellings for Pasco residents. Adequate Air and Light: The lot sizes and maximum lot coverage limitations will assure the adequate movement of air and light is available to each lot. Proper Access & Travel: Access streets in the plat will be paved and developed to City standards to assure proper access is maintained to each lot. Connections to the community will be provided by local streets. The preliminary plat was submitted to the Transit Authority for review. No comments were received from the Transit Authority. Comprehensive Plan Policies & Maps: The Comprehensive plan designates the site for mixed residential development. Policies of the plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing of residents. Other Findings: (list additional findings as appropriate) • The property is zoned R-1 which is identical to the zoning for other phases of the Chapel Hill development. • Single-family dwellings are located to the south and west in the County. • The Comprehensive Plan encourages the interconnection of neighborhood streets. • Streets in the proposed subdivision will connect to existing and proposed neighborhood streets. • The proposed plat will allow the interconnection and looping of utilities. • The site is currently vacant. • The site is within the Pasco UGA. • The proposed plat was part of a plat that was previously approved by the City. • Each lot developed within the 1-182 corridor is required by code to pay a traffic mitigation fee. • Comprehensive Plan Policy H-2 suggests the City strive to maintain a variety of housing options for residents of the community. • Comprehensive Plan Policy LU-2 supports the protection and enhancement of the established character of viable residential neighborhoods. 4 CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) there from as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the municipal code and standard specifications of the City Engineering department. These standards were designed to ensure the public health, safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service and funding for park lands. This preliminary plat has been forwarded to the Franklin County PUD, the Pasco School District and Den- Franklin Transit Authority for review and comment. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed plat is a continuation of an existing and previously approved residential subdivision (Chapel Hill). (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive PIan land use map designates the site for mixed residential development. Mixed residential development is described as 5 to 20 dwelling units per acre in the Comprehensive Plan. The policies of the plan encourage the advancement of home ownership (H-1-E). Plan Goal H- 2 suggests the City strive to maintain a variety of housing options for residents of the community. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps, and narrative text of the Plan as noted in number three above. 5 (S) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and findings of fact. The findings of fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations. (6) The public use and interest will be served by approval of the proposed subdivision. The proposed plat, if approved, will be developed in accordance with all City standards designed to insure the health, safety and welfare of the community are met. The Comprehensive Plan will be implemented through development of this plat. These factors will ensure the public use and interest is served. PLAT APPROVAL CONDITIONS 1) At the time lots are developed, all abutting roads and utilities shall be developed to City standards as approved by the City Engineer. This includes, but is not limited to water, irrigation and sewer lines, streets, street lights, and storm water retention. Sidewalks must be installed no later than the time each lot is developed with a house. The handicapped accessible pedestrian ramps must be completed with the street and curb improvements prior to final plat approval. All existing and proposed utilities must be installed underground by the developer at the developer's expense. 2) No fences, utility vaults, pedestals, or other obstructions will be allowed to obstruct sight distances at intersections. 3) The developer/builder shall pay the City a "traffic mitigation fee" per the Municipal Code. 4) The developer shall install a common Estate type fence/wall 6 feet in height along the rear line of all lots abutting the Franklin County Irrigation District Canal Right of Way. Property owners adjoining said fence/wall shall be responsible for payment of all costs associated with maintenance and upkeep of the fencing/wall. These fencing/wall requirements shall be noted clearly on the face of the final plat(s). S) The developer shall be responsible for all costs associated with construction inspection and plan review service expenses incurred by the City of Pasco Engineering Department. 6 6) The developer/property owner must dedicate the five acre park site on Chapel Hill Boulevard to the City when building permits have been issued for 60 lots in Chapel Hill Division 2. The public right-of-way improvements (curb, cutter, sidewalk etc) on Chapel Hill Boulevard fronting the park site must be constructed to city standards prior to park dedication. These improvements shall include a sewer, water and an irrigation stub. Building permits will not be issued for more than 60 lots in the plat until the park site has been improved and dedicated. The property owner must enter into a park dedication and improvement agreement with the City of Pasco specifying the terms and conditions of the park dedication. No construction drawings will be approved for any phase of Chapel Hill Division 2 until the park dedication agreement is signed and recorded. 7) The developer/builder shall pay the City a park fee of $300 per lot upon issuance of building permits for homes. 8) The developer will be required to provide a deposit to the City of Pasco to ensure that record drawings of the constructed utilities are created. A topographic survey of the constructed utilities must be performed. The topographic survey shall include manhole lids and sewer invert elevations, location of sewer stubs, water valves, water meters, irrigation valves, irrigation services, storm water catch basins, street lights, fire hydrants, monuments and other pertinent information deemed necessary, to the satisfaction of the City of Pasco. The developer will be required to coordinate the efforts of their surveyor and engineer to create records drawings to the satisfaction of the City of Pasco. 9) The developer shall ensure active and ongoing dust and litter abatement activities occur during the construction of the subdivision and construction of the houses thereon. 10) The final plat shall contain 10 to 15 foot utility easements parallel to all streets as required by utility providers. 11) All engineering designs for infrastructure and final plat drawings shall utilize the published City of Pasco Vertical Control Datum. Said datum shall be identified on the drawings for each submittal. 12) The final plat shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat." 13) All storm water must be disposed of through a storm system and collection ponds. All methods utilized to capture and dispose of storm water must be in accordance with current City Codes and Standard Specifications, and applicable Washington State Law. 14) Irrigation mainlines must be installed throughout the entire proposed plat of a size sufficient (minimum 4 inch diameter) to service each and every currently proposed/future lot pursuant to PMC 26.04.116. Additional mainlines, as directed by the City Engineer may be required to be installed. The developer must install a properly designed irrigation system with stubs to all lots in the subdivision for future irrigation needs. All easements/rights of way necessary to convey an irrigation system to and through the proposed plat must be conveyed to the City of Pasco. The irrigation lines shall run in easements/rights of way as directed by the City Engineer. 15) All streets are to be developed to City Standards and/or as directed by the City Engineer. Street grades for all arterial and collector roads shall not exceed 6 percent. Interior local access street grades shall not exceed 10 percent. Approaches to intersecting interior streets shall not exceed 2 percent and any street intersecting an arterial or collector street shall be zero (0) percent coming out of the toe of the arterial/collector street slope. All temporary streets will be required to have a paved turn around (2 inch pavement on 4 inches of rock base) at the end of the street to the satisfaction of the City Engineer. 16) All water lines must be extended through the length of each proposed plat. All water lines will be required to be looped with the existing City of Pasco water system. A deposit is required for the removal of any temporary loops installed by the developer. The deposit must include the cost of removing the temporary piping, replacing damaged curb, gutter and sidewalk, and a curb to curb replacement of all pavement for at least 10 feet on both sides of the temporary line that was removed. No water valves or meter boxes are to be located in any easements or walkways. 17) Any and all utilities must be located as directed by the City Engineer. This shall include but not be limited to gas, phone, power, cable and all other utilities located within or adjoining this preliminary plat. Any existing utilities that present difficulties shall be relocated at the developer's expense, pursuant to the City Engineer's direction. All utility plans, including the above mentioned, are required to be submitted to the City of Pasco prior to subdivision approval. 18) The final plat(s) must contain the following statement: "Irrigation service lines are currently available to lots within this plat; however, water for the irrigation system may not currently be available. The City of Pasco is constructing its irrigation infrastructure on an 8 ongoing basis. The use of the system will become available as time and resources permit the expansion and connection of new systems to the existing irrigation supply". This statement must appear on all pages of said final plat(s). 19) Street lighting must be as directed by the City Engineer. Residential street lights are typically installed every 300 feet and collector/arterial street lights are installed every 150 feet. 20) The developer will be required to comply with the City of Pasco Civil Plan Review process. A copy of the requirements for the civil plan review process is available from the City of Pasco Engineering Department. Construction plans submitted for each phase must substantially conform to the approved preliminary drawings submitted with the preliminary plat_ RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions as adopted in the June 18, 2009 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions, as adopted, that the Planning Commission recommend the City Council approve a Preliminary Plat for Chapel Hill Division II to the Liberty Bankers with the conditions listed in the June 18, 2009 staff report: 9 ■ 4—j • ILL 09 ©` MJ AW Ct N 0 y , LL ct U op � I cr z u w (n Ct Cf) v � . . m 1 U ■ .■r■■� isms LLI r 2 LL Cl) fir U I� ROA E U i o > -� IV �.: j' 1r '�ki"'�., 1+• .',t�' y.e s J. MR MA � •fir;; ',a'.i•:ti � �� J• 1, 'i�'Ar �� �^->~, �'0� 6,�`!�"�•' I� •k '::�,c. �a� - � J�f',,���q� '%.r;r r���• �,+�"�'++•�•� '+.. �, t� > • <'p1F Y�� ea' ,' y,�► .> �';��� �T� a; y ,,y"� '•'4� .1 { Y th ♦ � iT lz wit +tom tM MOMn es����:�r�rrJ' '+ 0 '.' � s� -�y •��� ri.. j i 4. t41, ' `[ice•r �� � Y !�'^§' f � .�', _ t •:� •',, �Y w'.' ', - a •;���y silk 3.. �- r'. ML pass � _mss,' •ate ��� f .` ;'-,�. IT r :+' ,r{Y,,gr'.•.•y.^_k^�iR`'•,"''1' � ..'a°�_� i r a9 1 dog t42 U "9 N Q ti W w • ,.. U) CL � v m W � � U Planning Commission Minutes 5/21/09 C. Preliminary Plat Chapel Hill Div II (Liberty Bankers) (Woodbine Drive) (MF# PPO9-002 Chairman Samuel read the master file number and asked for comments from staff. Staff stated the applicant has applied for preliminary plat for the Chapel Hill Div I1 subdivision. The site is 26.89 acres located west of Saratoga Lane and north of the Franklin County Irrigation District canal. The applicant is proposing to develop 94 single-family lots with an average of 10,079 sq ft. which equates to 3.5 units per acre. The site is zoned R-1 (Low-Density Residential District) which allows for 1 unit for every 7,200 sq ft. This subdivision was part of a larger development that was approved in 2003. The preliminary plat has since expired. The Comprehensive Plan indicates the site is intended for mixed residential development (Single and Multi-Family development uses). Staff mailed notification to neighboring property owners within 300 ft of the property and received one response with concerns of the height of future homes. Chairman Samuel questioned if there are any special conditions in this request that are not typical for a plat. Staff commented Item #2 has language that is slightly different than previous plats dealing with fences and utilities on corner lots. Chairman Samuel opened the public hearing. John Fetterhoff, HDJ Design Group spoke on behalf of the applicant. Mr. Fetterhoff stated he has read through the conditions of approval and findings of fact and has no objections. MT-1 was the original applicant and the new applicant is developing this area to market and sell the property. In reference to the letter submitted the developer would be object restrictions on height requirements for this project. W.A. Cramer, 6012 Woodbine Drive stated he submitted the letter and would like to ask the Planning Commission to consider lowering the house heights of this development to prevent blocking the view from his home. He stated when he purchases his property; they were advertised as view lots and paid $5,000 - $7,000 extra for a view lot. Nolvia Salinas, 6306 Thistledown and 6311 Woodbine Drive states she purchased these lots for the view. They moved here from the other side of the mountains and they enjoy the city. Her concerns are regarding the development in her neighborhood. She states she used to see quail in her yard and now there are none due to the construction. She questioned if there would be a park in the neighborhood. She also mentioned the lots that are not developed are not kept up; they have huge piles of dirt that blow onto their properties; the vacant lot is covered with tumbleweeds and they blow into neighboring properties. She also mentioned having issues with the building of a retaining wall. Chairman Samuel directed staff to address Ms. Salinas' questions. Staff stated land has been designated for a park. The 5 acre tract will be built when the development of the area is filled with 3/4 of the lots developed. The City would then hold a neighborhood meeting to discuss the creation of the park. The park site is located to the north of the plat adjacent to the freeway. Staff stated utilities are required to be built underground with the exception of a pedestal/utility vaults which protrudes above ground and are located periodically throughout the neighborhood. They are typically placed near common lot lines. Staff stated maintenance of the common entrance monument/art features is the responsibility of the property owners/developer. Staff stated retaining walls are addressed during the building permit stage for building homes. Home owners have the option to choose the height of their retaining walls and it is not part of the infrastructure. Chairman Samuel questioned staff on the height of homes in front of view lots. Staff stated there is no view ordinance or view corridor ordinance within the Pasco Municipal Code. The heights of homes are regulated by the zoning regulations and the maximum height for this area is 25 feet. Mr. Fetterhoff stated residents along Thistledown should be concerned with the residents along Woodbine immediately on the south side and the development inside this plat; there is an 8 foot drop from the lots on Woodbine down to the next level of lots. There is up to a 16 foot drop in some areas. The lots have been graded out for future development. Staff stated the concern with the height of the houses would be mitigated somewhat due to the fact that Woodbine is 8 feet or so below the next street. Commissioner Little stated in regard to the first row of houses that are being built, a subdivision (First Place) off Road 44 had a restriction that stated the first row of houses had setbacks. Staff stated those lots were deeper and the reason was due to the fact that part of the lots were encompassed in the slope. Stan Razey, 6112 Woodbine Drive stated he was the first person to purchase land on Woodbine Drive. He states he was led to believe there would be nothing to block their view from their lot. Commissioner Schouvilier questioned Mr. Razey to estimate the difference in elevation from his back lot to the lot below. Mr. Razey stated it is estimated at 20 feet from the curb top down to the next level. Jim Lehrer, 7006 N. Fleming, Spokane, WA works for Liberty Bankers stated their intent is to extend the plat that was previously approved. There is a 20 foot grade and they are trying to preserve the value of an asset. There is a 5 acre piece of land which is dedicated for a park. They do not have current ownership of that land at this time and they are working with the previous developer to have that deeded to the Park Department. Mr. Cramer further stated there is a lot of misconception on this lot height. He lives on the corner of Woodbine and there is an 8 foot drop to the property to the south. Commissioner Anderson questioned Mr. Cramer if when he purchased his lot, was he aware of plans to build below his lot. Mr. Cramer stated none whatsoever. Commissioner Anderson further commented to Mr. Cramer that this land was previously platted and there was a lack of information provided to Mr. Cramer from the developer. He further stated he is unsure the Planning Commission is in a position to do what he is asking them to do by law. He suggests that if the lot was represented as a view lot he may need to seek legal assistance on this matter. Staff stated height restriction limitations are within the zoning regulations and they have a concomitant agreement provision that would allow conditions to be placed on the development through that process. Unfortunately we are beyond that stage. The land is zoned R-1 and R-1 regulations allow for heights of 25 feet. Terry Ray, 6208 Woodbine Drive questioned if there is going to be a fence developed around the canal to protect children. Staff stated they are recommending an approval condition requiring the developer to install a 6 ft. common fence all along the canal. Andrea Ray, 6208 Woodbine Drive followed up with the concern of lots being developed around that area and there are lots of children that frequent the area. She is concerned for the safety of the children. Chairman Samuel questioned staff what is the required timeframe for a fence to be built in the sequence of development. Staff stated in this particular phase the condition requires the fence is built with the construction of the infrastructure improvements. On the previous development on the east side of Saratoga there was an agreement a fence would be built with the houses and the fence would have to look similar the fencing in the neighborhood. Steve Simmons, 6109 Woodbine Drive stated he understands legal action may need to be sought regarding the view lots. He lives on the opposite side of the street as the other parties present tonight and stated there are two-story homes built on Thistledown and their balconies are almost ground level with backyards on Thistledown. He questioned where the park would be located and the size of the park. Staff stated the park was located near the highway and the site had been pre- approved for a park. All of the engineering work has been done for utilities and streets and it is virtually impossible to relocate the park. Ms. Salinas further suggested locating a 2 lot park closer to her home. Chairman Samuel questioned Ms. Salinas if her main concern is the distance from her home to the park. Ms. Salinas stated the park is really far for kids to travel to that park. She stated the multi-family developments are over crowding the area with kids and the distance is too far and it is not safe even if a fence is built because if kids kick the ball over the fence, most kids jump the fence to get their ball. Andrea Bieren, 6216 Woodbine Drive questioned if the future lots are for single- family or multi-family development and if duplexes would be built. Staff stated the property is zoned for single-family homes which does not allow apartments. Mr. Razey further stated when they looked at the plot they were only shown a small area of the land. Chairman Samuel questioned Mr. Razey if the he was under the impression this property would not be developed. Mr. Razey stated the developer stated it would be years before anything was built. Chairman Samuel questioned how many years ago that was stated. Mr. Razey stated they bought their home three years ago. After three calls for public comment and no further response, the hearing was closed. Commissioner Schouviller moved, seconded by Commissioner Little to close the public hearing on this preliminary plat application and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the June 18, 2009 meeting. Planning Commission Minutes 6/18/09 B. Preliminary Plat Chapel Hill Div II (Liberty Bankers Woodbine Drivel (MF# PP 09-002 Chairman Samuel read the master file number and asked for comments from staff. Staff stated condition #6 had been modified due to the fact the park property is on a different tax parcel than the proposed subdivision. Language was added to require an agreement between the City and the property owner detailing how the park would transfer to the City. The agreement needs to be recorded before construction drawings can be approved. The language also requires the street to be improved in front of the park. Chairman Samuel stated there was a considerable amount of public testimony regarding views being blocked by new construction and asked if the City had a view ordinance. Staff explained the City does not have a view ordinance however; there is a height limit on houses. Commissioner Hay moved, seconded by Commissioner Schouviller to adopt the findings of fact and conclusions as adopted in the June 18, 2009 staff report. Commissioner Hay further moved, seconded by Commissioner Schouviller based on the findings of fact and conclusions, as adopted, that the Planning Commission recommend the City Council approve a preliminary plat for Chapel Hill Division II to the Liberty Bankers with the conditions listed in the June 18, 209 staff report. Motion passed unanimously. AGENDA REPORT TO: City Council June 26, 2009 FROM: Gary Crutchfield, City Uyi Regular Mtg.: 7/6/09 SUBJECT: Automatic Aid Agreement I. REFERENCE(S): 1. Memorandum to City Manager from Fire Chief dated 6/18/09 2. Proposed Automatic Aid Agreement II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 7/6: MOTION: I move to approve the Automatic Aid Agreement and, further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: Unknown IV. HISTORY AND FACTS BRIEF: A) Pasco has used the traditional "mutual aid" arrangement with its neighboring agencies for decades, whereby each community commits to help the other in an emergency, if they have the equipment/personnel to do so; actual response is determined by the commanding officer on a case-by-case basis. B) As outlined in Chief Gear's memorandum (attached), Kennewick and Richland (similar urban communities) operate on an "automatic aid" arrangement, whereby the responding agency is automatically provided through dispatch without seeking permission/authorization from the responding community's commanding officer. C) Chief Gear recommends Pasco enter into the "automatic aid" arrangement with the neighboring communities, for the reasons outlined in the attached memorandum. V. DISCUSSION: A) The only significant area of concern is the potential for additional overtime cost that may be caused by "automatic" responses across the river (if one of our stations is dispatched across the river and we subsequently have a concurrent structure fire, Pasco will need to call in forces to fill the gap in coverage). That concern, however, can be monitored by management staff and evaluated at periodic intervals. B) Given the extent of urbanization of Pasco's planning area over the past decade, and the potential safety improvements accruing to Pasco's fire crews on a Pasco structure fire, it is recommended that the automatic aid agreement be approved and its effects monitored for a year to gauge actual costs. 10(a) MEMORANDUM June 18, 2009 TO: Gary Crutchfield, City Manager FROM: Bob Gear, Fire Chief RE: Automatic Aid Agreement I have presented you with a copy of the Automatic Aid Agreement in place between neighboring fire agencies within Benton County, including the City of Kennewick Fire Department, City of Richland Fire Department and Benton County Fire Districts 1, 2, and 4, This agreement was originally put in place in 2007 to address the process currently in place; to dispatch and receive resources from neighboring jurisdictions. As you are aware,the area operates under a Mutual Aid agreement that has been in place for over twenty years. The intent of"Mutual Aid" is to allow the sharing of resources from one agency to another under defined circumstances. • An emergency must be ongoing • The demand of the emergency must have exceeded the requesting agency capability • The requesting agency incident commander must request specific assistance from sending agencies officer • The sending agency may take time to deliberate their ability to assist or deny assistance The City of Pasco Fire Department has a need to participate in the Automatic Aid Agreement for two reasons. Dispatch functionality and fire fighter safety. To understand the dispatch functionality you have to understand the resource allocation model employed by the Computer Aided Dispatch system(CAD). When the current Intergraph CAD deployment system was developed we had a need to"fill out" dispatch or alarm assignments through a number of alarms, i.e. V alarm, 2nd alarm 3rd alarm etc. The previous methods of doing this allowed you to "name" apparatus per alarm assignments. So on a 2od alarm we could ask Kennewick if it was okay if we listed Engine 61 as responding to Pasco. The Intergraph CAD does not allow dispatching in this manner. It requires that you list unit types such as "Engine"; it then searches the fire stations in a prelisted order for an available fire engine. So, in effect you can get a fire engine from one agency to a specific address one day and the next day get a fire engine from a different agency to the exact same event type and address, because the one dispatched yesterday is not available today. Because of this deployment model, Pasco Fire already receives request for units to assist any of the agencies dispatched by SECOMM throughout the year. This request is made directly from a SECOMM dispatcher to a Franklin County dispatcher who in turn dispatches our requested unit if it is available. For whatever reason our shift commander could intercede and advise the dispatch center that we cannot assist at this time, and to advise SECOMM to go to the next unit recommendation. To: Gary Crutchfield RE: Automatic Aid Agreement Page 2 We utilize a similar system here in reverse. When we have deployed resources to an incident and we need additional assistance or we have simultaneous incidents our deployment plan advises the dispatcher to request"mutual aid"units from SECOMM. However, because it is a dispatcher to dispatcher request, it does not follow the mutual aid plan request procedures(does not involve the shift commander). Having the dispatch done"automatically" instead of through a mutual aid "request' will significantly reduce the time required to receive help to the City of Pasco. Depending on the time of day and the activity level at the time, "requesting" assistance instead of assistance being"automatically"dispatched can result in at least a two-minute delay, and as much as a five- minute delay. In one case this year it took eleven minutes for a mutual aid request to be processed. The second need is to increase staffing on working fires. Our current minimum staffing is 12 persons available to respond to working fires, if we don't have any other incidents occurring. However, on half of our property loss residential structure fires in 2008, we failed to assemble the full 12 approximately 50% of the time (this occurs because we have another call in progress when the building fire is dispatched). National standards recommend a minimum of 15 persons for a house fire (20 persons for a commercial fire)on the fast alarm assignment. None of the fire agencies within this community have that number of persons available for the few actual house or commercial fires that occur each year. To compensate for the staffing levels in individual agencies, or simultaneous calls, automatic aid agreements are utilized to provide additional units or to replace unavailable units and provide adequate, consistent staffing levels at critical emergencies. It is the intent of the participating fire chiefs to limit the dispatches under automatic aid to those that the dispatcher believes to be actual building fires and not what would be termed "possible"building fires. Because of the current dispatch methodology employed at SECOMM, Pasco fire units do respond into that dispatch group currently and I don't expect that we will see a significant increase in requests to us from them. Most of the current requests from SECOMM to Pasco fire are for a medic unit to cover simultaneous medical calls in Kennewick and Richland. Building fire staffing assistance will occasionally request an engine response, I believe that the City of Pasco will benefit from this agreement. Because of the number of resources and the urban nature of those resources on the Benton County side, we will probably not respond there as often as they would respond here. The Benton County agencies currently work under a staffing agreement of 15 at a house fire and have built dispatch plans that meet that goal primarily through the use of their own resources, On some rare occasions, due to call volume, we are asked to fill part of that response. Our neighboring resources within Franklin and Walla Walla counties are not as"urban" as the SECOMM agencies and, as such, we will need to utilize the Benton County agencies for much of our support. An additional benefit occurs when we have a resource shortage, such as our ladder truck out of service for maintenance. Our deployment planning could fill our shortage with a unit from another city, particularly on commercial fire responses. The possible direct costs to the city may occur if we have to call back to cover staffing because one of our units is committed to a large fire in Benton County. However, this can occur now under the "mutual aid" arrangement; it will simply happen faster under the"automatic aid" arrangement As I said earlier, I believe participating in Automatic Aid with the Benton County agencies is a positive step for the City of Pasco and its fire department and respectfully request your approval. INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE BETWEEN THE CITY OF KENNEWICK, WASHINGTON THE CITY OF PASCO, WASHINGTON THE CITY OF RICHLAND, WASHINGTON BENTON COUNTY FIRE PROTECTION DISTRICT 1, WASHINGTON BENTON COUNTY FIRE PROTECTION DISTRICT 2, WASHINGTON AND BENTON COUNTY FIRE PROTECTION DISTRICT 4, WASHINGTON THIS AGREEMENT is made and entered into this day of , 2009, by and between the City of Kennewick, Washington, the City of Pasco, Washington the City of Richland, Washington, hereafter referred to as the "Cities," Benton County Fire Protection District #1, Benton County Fire Protection District #2, and Benton County Fire Protection District #4 hereinafter referred to as the "Districts" and collectively referred to as the "Fire Agencies." This Agreement is entered into under the provisions of RCW 39.34, the Interlocal Cooperation Act. I. Recitals WHEREAS, the Cities of Kennewick, Pasco and Richland maintain organized and equipped fire departments and the Benton County Fire Districts #1, #2 and #4 are organized and equipped, for the benefit of the citizens of their respective jurisdictions; and WHEREAS, it is the purpose of the Interlocal Cooperation Act and this Agreement to permit local governmental organizations to make the most efficient use of their resources by enabling them to cooperate with other government agencies on the basis of mutual advantage; thereby providing services and organizing facilities in a manner, pursuant to appropriate forms of governmental organization, which best fits with geographic, economic, population, and other factors that influence the needs and development of local communities; and WHEREAS, it has been determined by each of the parties hereto that it would be in the best interests of the citizens of the respective jurisdictions, and of mutual benefit to the delivery of emergency services, if, in some circumstances, the services of one Fire Agency be extended outside corporate limits of that city or district into another; and WHEREAS, the parties hereto desire to enter into an Automatic Aid Response Agreement, wherein under some circumstances, a fire agency will respond automatically to an emergency incident within the corporate limits of another; and INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE - Page 1 WHEREAS, the parties hereto desire to set forth their rights, duties, and responsibilities with respect to said Automatic Aid Response obligations as allowed by State law; NOW, THEREFORE, For and in consideration of the covenants contained herein, performed, and to be performed, the parties hereto agree as follows: II. Terms and Conditions Section 1. The Districts and the Cities, respectively, shall each provide and maintain suitable commercial general liability and auto liability insurance policies to protect it from casualty losses by reason of the activities contemplated by this Agreement. The limits of liability for each coverage shall be at least $5,000,000 each occurrence. Each City and District shall provide the other with a Certificate of Liability Insurance or Evidence of Coverage letter. LIABILITY: Each Agency shall be responsible for the wrongful or negligent actions of its employees while performing arising out of the performance of this agreement as their respective liability shall appear under the laws of the State of Washington and/or Federal Law and this agreement is not intended to diminish or expand such liability. 1. To that end, each Agency promises to hold harmless and release all the other participating Agencies from any loss, claim or liability arising from or out of the negligent tortious actions or inactions of its employees, officers and officials. Such liability shall be apportioned among the parties or other at fault persons or entities in accordance with the laws of the State of Washington. 2. Nothing herein shall be interpreted to: 2.2 Waive any defense arising out of RCW Title 51. 2.3 Limit the ability of a participant to exercise any right, defense, or remedy which a party may have with respect to third parties or the officer(s) whose action or inaction give rise to loss, claim or liability including but not limited to an assertion that the employee(s) was acting beyond the scope of his or her employment. 2.4 Cover or require indemnification or payment of any judgment against any individual, agency for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages against any individual, agency. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal or county district employer, should that employer elect to make said payment voluntarily. This agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE - Page 2 Section 2. The Districts and Cities hereunder shall maintain suitable workmen's compensation coverage for its own employees without cost to the other parties to this Agreement, and the Districts and Cities shall pay their own personnel, without cost to the other party. Section 3. Each of the parties hereto shall be fully responsible for all repairs, maintenance, and upkeep of all equipment in use pursuant to this Agreement, while said equipment is used outside of its geographical boundaries, said repair, upkeep and maintenance to include gas, oil, lubrication, parts replacement, and repair of casualty damage. Section 4. It is understood and agreed by and between the parties hereto that every effort should be made to become familiar with each other's equipment and only use and operate equipment they have been trained on. Section 5. It is further understood and agreed by and between the parties hereto that the deployment of Fire Agency resources will be done following a pre-determined and agreed method utilizing the most current Computer Aided Dispatch (CAD) methodology. Section 6. It is further understood and agreed by and between the parties hereto that the service mutually agreed to be rendered pursuant to this Agreement shall be Fire, Rescue, and Emergency Medical Services. Section 7. The availability of resources is dependent on many factors and this Agreement will not bind any party to provide services to another in a manner that causes undue risk to the safety of the citizens of the Cities or the Districts, or the employees of the Fire Agencies. The intent of this Agreement is to increase the overall safety to the citizens of the Cities and the Districts, and the employees of the Fire Agencies, through the pre-planned and coordinated sharing of available resources. Section 8. It is further understood and agreed by and between the parties hereto that, for the purposes of liaison and the administration of this Agreement, there is hereby delegated the authority to the Fire Chiefs of each of the parties to jointly form an administrative board for carrying out this Agreement. It is also understood and agreed that responsibility may be delegated to agents or employees of the respective fire Agencies to develop and implement deployment plans that meet the intent of this Agreement. Each party to this Agreement shall appoint members to this deployment planning group who are familiar with the process of Computer Aided Dispatch and that each party shall furnish the administrative board, in writing, the names and rank of all participating members. Section 9. It is further understood and agreed that the most senior firefighter or officer of the first arriving unit will assume command of the incident until relieved by an officer from the jurisdiction having authority. It is recognized that in some situations, an agency may be confronted with an incident for which a more qualified incident commander is INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE -- Page 3 available from another party to this Agreement. In those situations the senior officer from the host jurisdiction may delegate authority to a more qualified individual to command the incident. Section 10. It is understood and agreed by and between the parties hereto that this Agreement is made with the understanding that no charges will be assessed directly to any of the other parties to this Agreement for services in their primary service area. Section 11. It is also understood that parties to this Agreement provide services to areas within or adjacent to the jurisdiction in which fees for services are charged (i.e. federal jurisdiction lands). When other parties to this Agreement provide services to those areas, the party responsible for serving those areas agrees to reimburse the other agencies for their services. Section 12. Refusal to provide services to areas under separate contracts or agreements by a party to this Agreement will not void this Agreement for other areas. Section 13. Safe and successful implementation of this Agreement is dependent on training and familiarization between the parties to this Agreement. To facilitate these needs, the administrative board will delegate responsibility to a training and equipment officer group comprised of members from each of the participating agencies. Section 14. This Agreement shall become effective thirty (30) days after being signed and shall remain in full force and effect for one year from the first date indicated above and shall be automatically renewed from year-to-year by the parties hereto, after an annual review, unless terminated. A fire agency may withdraw from this agreement by providing 90 days written notice of its intent to withdraw to the other fire agencies. if all fire agencies withdraw except one, the agreement is terminated. Section 15. Severability. If any provision of this Agreement or its application is held invalid, the remainder of the Agreement or the applications of the remainder of the Agreement shall not be affected. INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE — Page 4 IN WITNESS WHEREOF the parties have hereunto placed their hands and seals on the day and year first indicated. CITY OF KENNEWICK Approved as to Form: By: ROBERT R. HAMMOND, City Manager LISA BEATON, City Attorney Date: CITY OF PASCO Approved as to Form: By: Gary Crutchfield, City Manager Lee Kerr, City Attorney Date: CITY OF RICHLAND Approved as to Form: By: CYNTHIA JOHNSON, City Manager THOMAS O. LAMPSON, City Attorney Date: BENTON COUNTY FIRE DISTRICT#1 Approved as to Form: By: Chair ATTORNEY FOR FIRE DISTRICT#1 Board of Fire Commissioners Date: BENTON COUNTY FIRE DISTRICT #2 Approved as to Form: INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE -- Page 5 By: Chair ATTORNEY FOR FIRE DISTRICT#2 Board of Fire Commissioners Date: BENTON COUNTY FIRE DISTRICT#4 Approved as to Form: By: Chair ATTORNEY FOR FIRE DISTRICT #4 Board of Fire Commissioners INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE — Page 6 AGENDA REPORT FOR: City Council June 16, 2009 TO: Gary Crutchfiel i anager FROM: Stan Strebel, dministrat' ommunity Workshop Mtg.: 6/22/09 Services Director C,JV Regular Mtg.: 7/6/09 SUBJECT: Addition of Wade Park area(Road 54 to Blue Bridge) To Levee 12-1 Lease I. REFERENCE(S): 1. June3, 2009 Corps of Engineers letter 2. Proposed Lease Amendment 3. Vicinity Photo—Road 54 to US 395 (Blue Bridge) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/22: Discussion 7/6: Motion: I move to approve Amendment No. 3 to Department of the Army Lease (Levee 12-1, Pasco Boat Basin) and further, authorize the Mayor to sign the document. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) When Franklin County announced its desire to relinquish the lease for Chiawana Park a number of years ago, it also included its intent to relinquish the lease for Wade Park and the levee area from Road 39 to the Blue Bridge. At the time, the County was in the process of securing grant funding for the Road 54 Boat Launch and agreed to maintain the lease through the completion of construction for that project. The City has maintained the turf at Wade Park since it was installed in 1998 and agreed to assume the lease responsibility for the area upon relinquishment by the County. B) The City and the Corps of Engineers (COE) executed a 50 year lease agreement for Levee 12-1 (Blue Bridge to Cable Bridge) and the Pasco Boat Basin in 2004. In 2008 that lease was amended to include parts of the levee east of the Cable Bridge. C) The COE has prepared an amendment to the City's existing lease of Levee 12-1 to include the area formerly leased by the County(Road 54 to Blue Bridge). D) Staff recommends approval of the lease. 10(b) DEPARTMENT OF THE ARMY WALLA WALLA DISTRICT,CORPS OF ENGINEERS 201 NORTH THIRD AVENUE WALLA WALLA WA 99362-1876 PASCO CITY HALL ATTENTIO N OF REPLY PECEIVEJ O June 3, 2009 Real Estate Division CITY iVIANAGER$S OFFICE Subject: Department of the Army Lease No. W912EF-1-04-13, City of Pasco, McNary Lock and Dam Mr. Gary Crutchfield, City Manager City of Pasco PO Box 293 Pasco, WA 99301 Dear Mr. Crutchfield: Enclosed for review and acceptance by the city of Pasco are two copies of Amendment No. 3 to the subject lease. The amendment adds to the lease premises the area extending from Wade Park downriver to the U.S. 395 bridge. Please review the amendment carefully. If you find the amendment agreeable, please have Pasco Mayor Joyce Olson sign and date both copies at page 2 and have both certificates of authority completed at page 3. Also, Exhibit "O" requires a signature at the appropriate statement in the grantee section at the two green tabs. When all signatures have been obtained, please return both copies to me at the above address for execution by the government. An original fully executed copy will be returned to the city of Pasco for its use and record. If there are any questions, please call me at 509-527-7324. You can also contact me by e-mail at Paul.S.Sham pine @usace.army.mi1. Sincerely, Paul Shampine Realty Specialist Enclosures AMENDMENT NO. 3, DEPARTMENT OF THE ARMY LEASE NO. W912EF-1-04-13 TO THE CITY OF PASCO, WASHINGTON FOR PUBLIC PARK AND RECREATIONAL PURPOSES Levee 12-1, The Pasco Boat Basin on McNary Lock and Dam Project Franklin County, Washington WHEREAS, on March 26, 2004, the City of Pasco, Washington, Lessee, leased the premises indicated in Exhibit B of said lease for public park and recreation purposes; and WHEREAS, on October 7, 2005, Amendment No. 1 of the lease removed the 12-1 pond from the premises; and WHEREAS, on March 5, 2008, Amendment No. 2 of the lease added Tracts XX-3452, XX-3451 and the remainder of Tract XX-3460, said remainder not included in the premises of the original lease; and WHEREAS, the Lessee has requested an addition to the premises including that portion of Tract XX-3478 not originally leased and Tracts XX-3479, XX-3481, XX-3482, XX-3501, XX-3502, XX-3503, XX-3504. XX-3506, XX-3507, XX-3508, XX-3509, XX-3511, XX-3512, XX-3513, XX-3514, XX-3516, XX-3517, XX-3518, XX-3519, XX-3522, XX-3526, XX-3527, XX-3528, XX-3530, XX-3584 and XX-3628; and WHEREAS, the requested amendment to the lease will not conflict or interfere with nor adversely affect the operation of the McNary Lock and Dam Project for its authorized purposes; 1 NOW THEREFORE, effective on the date of execution of this Amendment by the Acting Chief, Real Estate Division, Walla Walla District, Corps of Engineers, Department of the Army Lease W912EF-1-04-13 is hereby modified in the following particulars, but in no others: 1. Exhibit M, attached hereto and made a part hereof, illustrates the area added to the premises by Amendment No. 3. 2. Exhibit N, the amended inventory and condition report, attached hereto and made a part hereof, reflects addition of real property improvements at the Road 54 boat launch area. 3. In accordance with Financial Accounting Standard 13 (FAS 13), and by accepting this lease amendment, the Lessee accepts financial accountability of the following real property improvements: road, upper parking lot, lower parking lot, boat dock and boat ramp. Financial documentation for the real property improvements will be provided to the Lessee under separate cover at the time of execution of this amendment by the government. 4. The Environmental Baseline Study for the additional area to be added to the premises is attached hereto and made a part hereof as Exhibit O. In all other respects, the covenants, provisions and conditions of said lease shall remain in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand by authority of the Secretary of the Army this day of 2009. TODD L. CZARNECKI Chief, Real Estate Division Walla Walla District, Corps of Engineers This Amendment to Department of the Army Lease No. W912EF-1-04-13 is also executed by the Lessee this day of 2009. JOYCE OLSON Mayor City of Pasco, Washington 2 CERTIFICATE OF AUTHORITY I, , certify that I am the of THE CITY OF PASCO, WASHINGTON, that who signed the foregoing instrument on behalf of the grantee, was then of I further certify that the said officer was acting within the scope of powers delegated to this officer by the governing body of the Lessee in executing said instrument. Date (signature) ACKNOWLEDGMENT STATE OF WASHINGTON ) : SS COUNTY OF WALLA WALLA) On this day of , before me the undersigned Notary Public, personally appeared TODD L. CZARNECKI Chief, Real Estate Division, U.S. Army Engineer District, Walla Walla, Washington, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: (seal) 3 O N • • _j m f dd J M� / £b oN S9a4S o{ P+ovt KAU � 1 _ ■r a r p 1 O CL 0 YSCw xr xr T H' • co m • _- WA 0401 It o 0 , r d T PiD 2r Q"O� .n ei E i W v OI I� dP qj °o > • �4 on �� p. CQ •.. 4 EW of �� n _._ ..� x w x� 7-2 i— ,as9 P Q O + c O O- oz x 2 4 1 V > r fg t 1 sM K r r mi ; b r /tom M MM' F^ r 'iv xr I xn I A r r t/r f1 r _ yO rF rf / d - x Dr > / _} f a I 0 I I CQ . 1 x� . a !• r- i a x 1 I I f1 1 � , 1 f 1 l 8 � f —B LOCKC__ I JANZ I d CONTROL CONMUR °c EL. 3.1 75 I s BLOG e � E 11y I R BLOCK 4 T19. a N �3 °' �290c�` f N .530 03. ♦ � r+a M /I7J' / • PIERRET+S SUBDIVIS110K io t, P a 44 J v yt aet,444. a x tha7 �� TO xY LISAIT.OF ,' - ,g :�� ' /`• `tt''• CONSTRUCTION REOUIREMEHTS - 74f v YC !L Re ei4a0 ie•' a �i , ' WWW A, u4�aJ sss t x,tstte#ao xx Q e 4T Lease Tract ° Levee 12-1 is m 8� ' •1. t �y �s �`d�� in ix O.TT w-fee raww excess on SF i19 to GSA M Doc iI, - xx rho camayad to X.I.Am n.by.QCD e 4 td. Jae 1993. ¢ a - 47! a} -PASCO-KEHNETACK HICH'NAY 1111100E - y*'�' 292.oe:fea canreyed fa Sfate ettYashingter.-Franklin County by Q,C.D,dated 3 Jahe 65t Of-ishIgh 1.42 OC.are en tSie sbites(see hl. also Seq•"vv")reseronq ta`tba IJ-S.a psrpatual'Flowage Ease- b'� -nait,riz.00 men!foe4YOtles 340 KS•L.(Reloc CoetroLY DM5•164-E4g-130) (Part lon XX 3476) 0.10 agree.fie.Cornleyed?te Chao C.Lee by=a.dtd.'Z2 Sept:1964, N th etaege far Tc X X 3482:.Sao 0eta1L . PIERRET%"SUBDIYISIO . [ExhibltMi AMENDED INVENTORY AND CONDITION REPORT INSTRUMENT: Lease No. W912EF-1-04-13 TERM: Fifty (50) Years, Expiring March 23, 2054 GRANTOR: Department of the Army , Corps of Engineers GRANTEE: City of Pasco, Washington This Amended Inventory and Condition Report which shall be attached to and become a part of the above-described lease is agreeable to both parties hereto as reflecting the condition of the listed property at the time custody was assumed by the lessee and as covered by said lease. 4 '_7 GAY CRUT ity Manage , Pasco, Washington Date: (Ie-1G—°I RODNEY HUFFMAN Acting Chief, Real Estate Division Walla Walla District US Army Corps of Engineers Date: Exhibit N ROAD 54 BOAT LAUNCH QUANTITY ITEM & DESCRIPTION CONDITION 1 Entrance Road Good 1 Upper Parking Lot Good 1 Lower Parking Lot Good 1 Boat Handling Dock Good 1 Boat Launching Ramp Good ENVIRONMENTAL BASELINE STUDY FOR PROPERTY INSPECTION AND RECORDS EXAMINATION (EBS) RECOMMENDATIONS: X ACQUIRE/DISPOSE/TRANSFERIOUTG RANT PROPERTY AS IS ACQU IRE/DI SPOSE/TRANSFER/OUTGRANT PROPERTY WITH CLEANUP OF SOLID WASTE ACQ U I REID ISPOSE/TRANSF E RIO UTG RANT PROPERTY WITH CLEANUP OF HAZARDOUS MATERIAL OBTAIN PHASE I/PHASE II ENVIRONMENTAL AUDIT Exhibit PROPERTY INSPECTION CHECK LIST FOR ENVIRONMENTAL BASELINE STUDY (EBS) Project Name: McNary Lock and Dam Project Site Name: Franklin County WRDA Lease No. W912EF-1-04-12, Road 54 to Road 39 & Road 39 to US 395 Bridge Legal Description: Portion of Sections 25, 26 and 27, Township 9 North, Range 29 East. Government Tract Nos.: XX-3479, XX-3482, XX-3481, XX-3501, XX-3502, XX-3503, XX-3504, XX-3586, XX-3507, XX-3508, XX-3509, XX-3511, XX-3512, XX-3513, XX-3514, XX-3516, XX-3518, XX-3517, XX-3519, XX-3522, XX-3526, XX-3527, XX-3528, XX-3628, XX-3530, XX-3584, XX-3529 1. Environmental Conditions Observed. NO J YES a. X Suspect/UnusualOdors b. X J Discolored Soil or Waste C. X Discoloration of Water d. J X Distressed/Dead/Unusual Lack of Vegetation e. X J Abnormal Mounding f. X Area(s) of Depression g. X Other: If. Other Observed Features: NO I YES a. X Building/Structures (Active or Abandoned) b. X Suspected Asbestos C. X Above Ground or Underground Storage Tanks d. X J Landfills e. X J Surface Impoundments f. X Underground Injection Wells g. X J Drums/Containers/Hazardous Material Storage Areas h. X I Lagoons (Wastewater or Hazardous Waste) i. X J Incinerator j. X J Waste Piles/Disposal Sites/Pools of Liquid k. X J Oil-filled Electrical Equipment/Transformers 1. X J Standpipes, Vent Pipes, Etc., Coming out of the Ground m. X Unexploded Ordnance n. X Industrial/Commercial Facilities o. X 1 Wastewater Treatment Plant P. X Discharges to Surface Waters or Drainage Ditches Type: See further explanations, page 6. q. X J Potential Environmental/Agricultural Problems on Adjacent Land r. J X Access (road, trails, etc.) S. X Telephone/Power/Pipe Lines t. X Mining/Logging/Grazing Activity U. X Sick or Dead Wildlife or Domestic Animals V. X Other: PROPERTY INSPECTION CHECKLIST- PAGE 2: Site Name: Franklin County WRDA Lease No. W912EF-1-04-12, Road 54 to Road 39 & Road 39 to US 395 Bridge Further Explanations Shall Be Noted on Exhibit"A" if Items under I and 11 are Checked yes. Prior Owners Name Date Deed bk, page) Tract XX-3479, Harry Linden, at ux March 6, 1932 Vol. 76, Pg. 121, Records of Franklin Coun , WA Tract XX-3482, Glenn C. Lee, at ux September 22, Exchange 1964 Tract XX-3481, Glenn C. Lee, at ux Aril 18, 1955 Civil 606 Tract XX-3501, Harold S. Foskett, at ux June 29, 1953 Vol. 78, Pg. 152, Records of Franklin County, WA Tract XX-3502, John Horrigan, et ux December 10, Vol. 76, Page 464, Records of 1951 Fran klin_County, WA Tract XX-3503, Wallace W. Preston, et April 18, 1955 Civil 606 ux Tract XX-3504, Glenn C. Lee, et ux Aril 18, 1955 Civil 606 Tract XX-3506, J.E. Saylor, at ux May 8, 1952 Vol. 78, Pg. 171, Records of Franklin County, WA Tract XX-3507, Harold E. Olsen at ux June 20, 1952 Vol. 78, Pg. 401, Records of Franklin County, WA Tract XX-3508, Ursula Williams June 24, 1952 Vol. 78, Pg. 392, Records of Franklin County, WA Tract XX-3509, I.G. McCarthy, at at Aril 18, 1955 Civil 606 Tract XX-3511, L. C. Haystad, at ux Aril 18, 1955 Civil 606 Tract XX-3512, Fred C. Klopfenstiein, et October 15, Civil 693 ux 1953 Tract XX-3513, J.C. Bailie, at ux June 24, 1955 Civil 693 Tract XX-3514, K.W. Casey, et ux November 30, Vol. 76, Pg. 417, Records of 1951 Franklin County, WA Tract XX-3516, Lon D. Lee per, at ux Aril 18, 1955 Civil 606 Tract XX-3518, J. David Clancy, at ux December 20, Vol. 76, Pg. 506, Records of 1951 Franklin Coun , WA Tract XX-3517, William F. Luhman, at ux December 3, Vol. 76, Pg. 421, Records of 1951 Franklin County, WA Tract XX-3519, J. David Clancy, at ux December 20, Vol. 76, Pg. 506, Records of 1951 Franklin County, WA Tract XX-3522, Josephine Wade, at al Aril 18, 1955 Civil 606 Tract XX-3526, Lloyd Johnson, at ux December 3, Vol. 76, Pg. 427, Records of 1951 Franklin County, WA Tract XX-3527, Floyd D. Wagar, at al March 5, 1954 Vol. 77, Pg.186, Records of Franklin County, WA Tract XX-3528, George C. Swanson January 3, 1952 Doc. No. 141971, Records of Franklin County, WA Tract XX-3628, Charles H. Miller, et ux March 12, 1966 Vol. 129, Pg. 12, Records of Franklin County, WA Tract XX-3530, Christine J. Erwen January 25, Vol. 128, Pg. 254, Records of 1966 Franklin County, WA Tract XX-3584, Christine J. Erwen January 25, Vol. 128, Pg. 254, Records of 1966 Franklin County, WA Tract XX-3529, Grover C. Russell, etux Aril 18, 1955 Civil 606 PROPERTY INSPECTION CHECKLIST - PAGE 3: III. Previous Contamination Found: Petroleum Products Degreaser/Solvents Pesticides Herbicides Radioactive Heavy Metals Organic Chemicals Ammunition Underground Storage Tanks 49one Other Explanation and Date of Any Remedial Action Taken: Has an EA or EIS Been Performed/Prepared? YES or Reconnaissance Sources Site Visit: FEBRUARY 20, 2009 Public Records MARCH 2, 2009 Interviews (owner, residents, local, State, and Federal Govt., } Aerial Photos, (USGS, SCS, Tax Office, ) Internal District Records NO YES a. Permits b. Contracts c. Leases d. Easements e. Deeds X f. Licenses g_ Other Maps Other Note: Discuss Relevant Former Uses on Exhibit "B" PROPERTY INSPECTION CHECKLIST — PAGE 4: RECORD EXAMINATION Based on a record examination, no apparent environmental contamination as referenced in the Code of Federal Regulations C{ F.R.)was present which would indicate that hazardous, toxic, or radiological w ste had been stored, released, or disposed of on the property as of MKkI, "13A (Date) Paul Shampine Signed: W1 S� Realty Specialist Date: 3 100#% PROPERTY INSPECTION Based on the attached Property Inspection Checklist, including surface observations only, by the undersigned, no apparent environmental contamination as referenced in the Code of Federal Regulations C{ F.R.) was present which would indicate that hazarclotAsJoxic, or radiological waste had been stored, released, or disposed of on the property as of ,A2V,s, ` ^ j(Datal Heather Humphreys Signed: -- (}� Environmental Compliance Date: 2,_01 -0q Coordinator c Paul Shampine Signed: 1' y Realty Specialist Date: 3 �.�,tti 0 Qot Real Estate Division Tim Fife Signed: Franklin County, WA Date: yl Aga_e,� County Engineer REVIEW Based on the attached Property Inspection Checklist, no apparent environmental contamination as referenced in the Code of Federal Regulations C� F.R.) was present which would indicate that hazardous, toxic, or radiological waste had been stored, released, or disposed of on the property as of e ru,Ir�a�2009 Date) Rodney Huffman Signed: _/4� Chief, Management and Disposal Date: 3 /t, O9 Real Estate Division APPROVAL Based on the attached Property Inspection Checklist, no apparent environmental contamination as referenced in the Code of Federal Regulations C( F.R.) was present which would indicate that hazardous, toQxic, or radiological waste had been stored, released, or disposed of on the property as of -;Ih L4 (Date) Don Redman Signed: _ Walla Walla District Environmental Date: }I�10� Compliance Coordinator I ! PROPERTY INSPECTION CHECKLIST— PAGE 5: TO: SUBJECT: Request for Additional Baseline Study, Based on the attached Property Inspection Checklist, possible environmental contamination as referenced in the Code of Federal Regulations C{ F.R.) may exist on the inspected property. Request that additional Environmental Baseline Study and/or other documentation be provided. Date GRANTEE: I acknowledge receipt of this Environmental Baseline Study (EBS) and I agree that should I not concur with the findings contained herein I will document my objections and substantiate the reasons within 30 days of this day of Name: Signed: Title: Date: OR I acknowledge the condition of this property as reflected in this Environmental Baseline Study (EBS) this fm r�+ day of -JaNE . (U�Name: Signed: )9 _11 Title: Date: PROPERTY INSPECTION CHECKLIST— PAGE 6: FURTHER EXPLANATIONS FOR ITEMS I AND II IA.: Felled tree present at private dock near Road 39. Il.a.: Boat ramp, dock, parking lot, trail, benches, concrete pads, private permitted docks present. Il.p.: Surface Waters or Drainage Ditches Type: Stormwater drain at top of boat ramp. Il.r.: Access roads for ingressiegress present. Il.s.: Light poles, electrical lines, irrigation system present. ;z tit ui Ile Nr `wR,;..of M '<'� .."'p":;KV� :r,. ,it�l a ... '�. ._ .. � }• .. � `"'`'�� ;:.�w . ,,� jj � *i � ..i �'ar w. y, •� _'mob ;:. .. S '�(''^� _ !f�'�.`�� ;.I i`i5'.r.Y.�, .0.11..'aVyyM lr�� fin•_ � .... �. `. fT' y' L a r 3 LLJ Lf) > CO Lu Cif) �., :. Fm Ln 01 •yf1n `�.. N �V 1 ,ti a� � Try t