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HomeMy WebLinkAbout2009.09.08 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. September 8, 2009' The Council Meeting will take place on Tuesday, September 8 cis City Hall will be closed Monday, September 7 in honor of Labor Day. 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 August 1.7, 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 $3,043,988.07 ($149,026.27 in the form of Wire Transfer Nos. 5280, 5283 and 5290; and $28,900.00 in the form of EFT No. 1002; and $2,866,061.80 consisting of Claim Warrants numbered 173110 through 173383). . To approve Payroll Claims in the amount of $1,940,813.20, Voucher Nos. 40075 through 40153 and 40154 through 40225; and EFT Deposit Nos. 30032055 through 30032623. (c) Lodging Tax Advisory Committee Appointments: 1. Agenda Report from Gary Crutchfield, City Manager dated August 17, 2009. 2. Resolution No. 2314. To confirm the Mayor's appointment of the following individuals to the 2009 Lodging Tax Advisory Committee: Hotel Representatives: Monica Hammerberg, Red Lion and Allison White, Sleep Inn; User Representatives: Nikki Gerds, Pasco Chamber of Commerce and Denis Gisi, Pasco Downtown Development Association; City Council: Mike Garrison. *(d) Final Plat: Heritage Village Phase 5 (Fastrack Inc) (MF#FP09-003): 1. Agenda Report from David 1. McDonald, City Planner dated September 1, 2009, 2. Final 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- wa.�lov/genel-alinfo/citycotincilreports). To approve the Final Plat for Heritage Village Phase 5. (e) Resolution No. 3182, a Resolution of the City of Pasco, declaring its intention to conduct a public hearing for the purpose of creating a Local Improvement District for infrastructure improvements on California Avenue south of Broadway Street and on Bonneville Street east of Oregon Avenue. 1. Agenda Report from Michael McShane, City Engineer dated September 2, 2009. 2. Vicinity Map. 3. Resolution. To approve Resolution No. 3182, declaring Council's intention to create LID #147 and, further, to set Monday, October 19, 2009 at 7:00 p.m., for a public hearing on this matter in the Pasco City Council Chambers. *(f) Resolution No. 3183, a Resolution accepting work performed by Intermech/Thompson Mechanical under contract for the Butterfield WTP Modification, Valve Replacement and Weirs Installation, Project No. 07-2-05. 1. Agenda Report from Reuel Klempel, Plant Division Manager dated September 1, 2009. 2. Resolution. To approve Resolution No. 3183, accepting the work performed by Intermech/Thompson Mechanical, under contract for the Butterfield WTP Modification, Valve Replacement and Weirs Installation, Project No. 07-2-05. Regular Meeting 2 September 8, 2009 *(g� Resolution No. 3184, a Resolution accepting work performed by Fowler General Construction under contract for the 2008 WWTP Expansion (Solids Thickening Facilities), Project No. 08-1- 02. 1. Agenda Report from Reuel Klempel,Plant Division Manager dated September 1, 2009. 2. Resolution. "To approve Resolution No. 3184,accepting the work performed by Fowler General Construction,_ under contract for the 2008 WWTP Expansion (Solids Thickening Facilities), Project No. 08-1- 02. *(h) Resolution No. 3185, a Resolution accepting work performed by Vincent Brothers, under contract for the Raw Water Pumphouse Roof Replacement,Project No.08-2-05. 1. Agenda Report from Reuel Klempel,Plant Division Manager dated September 1, 2009. 2. Resolution. To approve Resolution No. 3185, accepting the work performed by Vincent Brothers, under contract for the Raw Water Pumphouse Roof Replacement,Project No.08-2-05. *(i) Resolution No. 3186, a Resolution accepting work performed by Valmont Northwest under contract for the Process Water Reuse Facility Irrigation Pivot,Project No.09-7-02. 1. Agenda Report from Reuel Klempel,Plant Division Manager dated September 1, 2009. 2. Resolution. To approve Resolution No. 3186, accepting the work performed by Valmont Northwest, under contract for the Process Water Reuse Facility Irrigation Pivot,Project No. 09-7-02. (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,"August 2009. 1. Basililo and Rebeca Gomez, 907 N.Owen Avenue 2. Larry and Darlene Bafus, 102 Camargo Lane 3. Steve and Camille Purcell,6209 Woodbine Drive 4. Anatoliy and Tamara Tkachenko, 8704 Queensbury Drive (b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco business has been invited to attend the Council meeting to receive a Certificate of Appreciation from Mayor Joyce Olson for "Business of the Month Appearance Award"for August 2009. 1. Mid-Columbia Pet Emergency Services, 8913 Sandifur Parkway 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) -6:. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: *(a) Local Improvement District (LID) No. 146 for the Kurtzman Park Neighborhood Improvements,Phase 1. 1. Agenda Report from Rick White, Community 8t. Economic Development Director dated August 31,2009, 2. Vicinity Map. 3. Map with Potential Phasing. 4. Assessment Map. 5. Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance of the City of Pasco, Washington,relating to City street improvements; ordering the improvement to approximately 4600 feet in total, of Elm Avenue and Sycamore Avenue north of Alton Street and south of Lewis Street and Sycamore Avenue, Hugo Avenue,Waldemar Avenue and Cedar Avenue north of"A"Street and south of Butte Street and Regular Meeting 3 September 8, 2009 Butte Street east of Elm Avenue and west of Cedar Avenue, to City standards, to include curb, gutter, sidewalks, storm drainage system, street lighting, and roadway improvements all in accordance with Resolution No. 3179 of the City Council; establishing Local Improvement District No. 146, and ordering the carrying out of the proposed improvements, providing that payment for the improvements be made by special assessments upon the property in the District, payable by the mode of"payment by bonds"; and providing for the issuance and sale of Local Improvement District warrants redeemable in cash or other short-term financing and Local Improvement District bonds. MOTION: I move to adopt Ordinance No. creating LID No. 146 for Kurtzman Park Neighborhood Improvements Phase 1. $. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. ; an Ordinance permitting angle parking on various streets, and amending Section 10.48.020 of the Pasco Municipal Code. 1. Agenda Report from Michael McShane,City Engineer dated August 6, 2009. 2. Map. 3. Ordinance. MOTION: I move to adopt Ordinance No. adding, removing and revising various street locations for angled parking and, further, authorize publication by summary only. (b) Ordinance No. , an Ordinance prohibiting parking on various streets, and amending Section 10.56.080 of the Pasco Municipal Code. 1. Agenda Report from Michael McShane, City Engineer dated August 6, 2009. 2. Map. 3. Ordinance. MOTION: I move to adopt Ordinance No. , adding parking restrictions on certain streets and, further, authorize publication by summary only. (c) Ordinance No. , an Ordinance of the City of Pasco, Washington, Amending Chapter 13.60 "Stormwater Management Utility." 1. Agenda Report from Doyle L. Heath,Utility Engineer dated August 19, 2009. 2. Ordinance. MOTION: I move to adopt Ordinance No. amending Chapter 13.60 "Stormwater Management Utility" and, further, authorize publication by summary only. (,d) Resolution No. , a Resolution approving the Program Year 2010 Community Development Block Grant Allocations and Annual Work Plan. 1. Agenda Report from Angela R. Pitman, Block Grant Administrator dated August 28, 2009. 2. 2010 CDBG Fund Summary and Proposal Summary. 3. Planning Commission Minutes dated June 18, 2009 and July 16, 2009. 4. Resolution Approving 2010 Allocations and Annual Work Plan. MOTION: I move to approve Resolution No., approving the City's 2010 CDBG Allocations and Annual Work Plan. (e) Resolution No. , a Resolution allocating estimated 2010 Federal HOME Funds. 1. Agenda Report from Angela R. Pitman, Block Grant Administrator dated August 28, 2009. 2. Resolution allocating 2010 HOME Funds. 3. Community Housing Improvement Program(CHIP)Priority Area Map. MOTION: I move to approve Resolution No. , allocating the estimated 2010 HOME Funds. Q*(f) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the expansion of the existing Charter College facility located at 5278 Outlet Drive. 1. Agenda Report from Shane O'Neill, Planner 1 dated August 28,2009. 2. Report to Planning Commission. 3. Planning Commission Minutes dated 7/16/09 and 8/20/09. 4. Proposed Resolution. MOTION: I move to approve Resolution No. approving the Special Permit for the expansion of the existing Charier College at 5278 Outlet Drive as recommended by the Planning Commission. Regular Meeting 4 September 8,2009 (gy° Resolution No. , a Resolution approving the Capital Improvement Plan for Calendar, Years 2010-2015. 1. Agenda Report from Gary Crutchfield, City Manager dated August 21, 2009. 2.. Proposed Capital Improvement Plan 2010-2015 (Council packets only, copy available for review in the City Manager's office, Pasco Library or on the city's website at littp://www.pasco-wa.£;ov/i,zeneraltnfo/financeaccountint,,). 3. Proposed Resolution. MOTION: I move to approve Resolution No. adopting the Capital Improvement Plan for fiscal years 2010-2015. 9. UNFINISHED BUSINESS: (none) 10, NEW BUSINESS: *(a) 2009 Reconstruction of Alley Approaches Phase III,Project No.07-3-04: 1. Agenda Report from Michael McShane,City Engineer dated September 1, 2009. 2. Vicinity Map. 3. Bid Summary. (RC) MOTION: I move to award the low bid for the 2009 Reconstruction of Alley Approaches Phase III, Project No. 07-3-04 to A&B Asphalt, Inc., in the amount of$76,584.30 and, further, authorize the Mayor to sign the contract documents. *(b) 2009 Sewer Extension—Road 34 & Ella Street,Project No. 09-1-02: 1. Agenda Report from Michael McShane, City Engineer dated September 1, 2009. 2. Vicinity Map. 3. Bid Summary_ (RC) MOTION: I move to award the low bid for the 2009 Sewer Extension—Road 34 & Ella Street, Project No. 09-1-02, to include Alternate A, to Watts Construction, Inc., in the amount of $595,991.55, plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. *(c) Highland Park Football Field, Project No.09-6-01: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated September 2, 2009. 2. Bid Summary. 3. Vicinity Map. (RC) MOTION: I move to award the low bid for the Highland Park Expansion Project No. 09-6-01 to Gamache Landscaping, Inc., in the amount of$82,262.45, including sales tax and, Alternate 1, Asphalt Path and Alternate 3, Trees and, further, authorize the Mayor to sign the contract documents. *(d) Water Fill Stations, Project No. 09-2-04: 1. Agenda Report from Jess Greenough, Field Divisions Manager dated September 1, 2009. 2. Quote Summary. (RC) MOTION: I move to award the low quote for three Water Fill Stations, Project No. 09-2-04 to Municipal Solutions Inc., in the amount of$99,769.37 plus applicable sales tax. *(e) Deed for Future Street Right-of-Way (MF#INF009-066): 1. Agenda Report from David I. McDonald, City Planner dated August 26, 2009. 2. Vicinity Map. 3. Deed for a Portion of Power Line Road. 4. Temporary Construction Easement. 5. Indemnity Agreement. MOTION: I move to accept the deed from the.owners of Parcel #114-330-037 for a portion of the Power Line Road right-of-way. -AND- MOTION: I move to accept the temporary construction easement from the owners of Parcel #114-330-037 for a portion of Power Line Road and, further, authorize the City Manager to sign said easement. -AND- MOTION: I move to authorize the City Manager to sign the indemnity agreement associated with the Power Line Road construction easement. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) Regular Meeting 5 September 8,2009 12. EXECUTIVE SESSION: (a) Real Estate Acquisition (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...." Q Quasi-Judicial Matter REMINDERS: 1. 10:00 a.m., Tuesday, September 8, Senior Center — Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN, Alt.) 2. 11:30 a.m., Wednesday, September 9, 2000 N. 22"a Avenue — Tri-Cities Retirement Center Veterans' Luncheon Welcome Address. (MAYOR JOYCE OLSON) 3. 7:00 a.m., Thursday, September 10, Shari's, Walla Walla - BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; TOM LARSEN, Alt.) 4. 4:00 p.m., Thursday, September 10, 7130 W. Grandridge Blvd—TRIDEC Executive Committee Meeting. (COUNCILMEMBER MIKE GARRISON) 5. 7:00 p.m., Thursday, September 10, Transit Facility — Ben-Franklin Transit Board Meeting, (COUNCILMEMBER MATT WATKINS, Rep.; MIKE GARRISON,Alt.) 6. 8:00 a.m., Friday, September 11, Franklin County Commissioner's Meeting Room — Franklin County Law &Justice Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; MIKE GARRISON, Alt.) 7. 9:00 a.m., Friday, September ll,. Howard Amon Park, Richland — Tri-Cities 91,1 Memorial Event. (MAYOR JOYCE OLSON) 8. 9:30 a.m., Friday, September 11, KONA— KONA Mayor's Report. (MAYOR JOYCE OLSON) 9. 10:00 a.m., Saturday, September 12, Downtown Pasco Fiery Food Festival Welcome Address. (MAYOR JOYCE OLSON) MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 17, 2009 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Robert Hoffmann, Tom Larsen, Joyce Olson, and Al Yenney. Absent: Michael Garrison, Matt Watkins. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Bob Alberts, Public Works Director; Denis Austin, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated August 3, 2009. (b) Bills and Communications: To approve General Claims in the amount of$2,243,987.15 ($63,321.33 in the form of Wire Transfer Nos. 5273 and 5276; and $2,180,665.82 consisting of Claim Warrants numbered 172892 through 173109). 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$175,479.38 and, of that amount, authorize $118,421.19 be turned over for collection. Removed from Consent Agenda and moved to Item 10(c). (c) Authorization to Approve Meter Reading Contract:, To approve the proposed contract for meter reading services with Columbia Meter Reading, Inc., and, further, authorize the Mayor to sign the contract. (d) Right-of-Way Dedication for Road 100 (MF#INF009-073): To accept the deed from Kingspoint Christian School for a portion of the Road 100 Right-of-Way. (e) Resolution No. 3181, a Resolution accepting work by Bachtel Construction, under contract for the Volunteer Park Pavilion Concrete Platform Project. To approve Resolution No. 3181, accepting the work performed by Bachtel Construction, under contract for the Volunteer Park Pavilion Concrete Platform Project. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Hoffmann seconded. MOTION: Mr. Yenney moved to amend the Consent Agenda by removing item 3(b) and moving it to item 10(c). Mr. Hoffmann seconded. Motion carried unanimously. Original Motion, as amended, carried by unanimous Roll Call vote.. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 17, 2009 VISITORS - OTHER THAN AGENDA ITEMS: Mr. Hoffmann introduced Andrew, from Beijing, China, who is a current student at Tri_, Cities Prep. He also acknowledged his son Kirk in the audience. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mayor Olson met with other Tri City Mayors and attended the Air Force Band Concert at Edgar Brown Stadium. Mr. Yenney attended the Law and Justice Council meeting. NEW BUSINESS: State Energy Program Grant and Loan Program— Process Water Reuse Facility: MOTION: Ms. Francik moved to authorize a grant application for the State Energy Program and commit $250,000 from the Process Water Reuse Facility Account. Mr. Hoffmann seconded. Motion carried unanimously. Memorial Pool Renovation Project: MOTION: Ms. Francik moved to award the contract for the Memorial Pool Renovation Project No. 09-118, to Ziegler Construction in the amount of$1,817,600.00 plus sales tax, including the base bid and alternate bids No. 1 (deck), and No. 2 (shade) and, further, authorize the Mayor to sign the construction contract. Mr. Hoffmann seconded. Motion carried by unanimous Roll Call vote. MOTION: Ms. Francik moved to authorize the purchase of materials for the construction of the new leisure pool from Myrtha Pools in an amount not to exceed $289,000.00 plus applicable sales tax. Mr. Hoffmann seconded. Motion carried by unanimous Roll Call vote. Bills and Communications: MOTION: Ms. Francik moved to approve General Claims in the amount of $2,243,987.15 ($63,321.33 in the form of Wire Transfer Nos. 5273 and 5276; and $2,180,665.82 consisting of Claim Warrants numbered 172892 through 173109). Mr. Hoffmann seconded. Motion carried unanimously. MOTION: Ms. Francik moved 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 $175,479.38 and, of that amount, authorize $118,421.19 be turned over for collection. Mr. Hoffmann seconded. Motion carried unanimously. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:26 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Debra L. Clark, City Clerk "PASSED and APPROVED this 8"' day of SEPTEMBER, 2009. 2 CITY OF PASCO Council Meeting of- September 8,2009 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We,the un er idort ereb certify under penalty of perjury that the materials have been furnished,the services r nd rbor p ormed as describe d herein and that the claim is a just, due and unpaid obligation inand t t we are authorized to authenticate and cerl, said c ,f t Gary Xeuindersigned c i Cit ge James VV. C Finance Manager We,t 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 5280, 5283 and 5290 in the amount of$149,026.27, have been authorized; that EFT No. 1002 in the amount of$28,900.00, has been authorized;that Check No.s 173110 through 173383 are approved for payment in the amount of$2,866,061.80,for a combined total of$3,043,988.07 on this 8th day of September, 2009. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative (50.18) Judicial 6,653.96 Executive 7,861.47 Police 359,122.92 Fire 10,267.35 Administration &Community Services 117,953.99 Community Development 3,340.18 Engineering 7,456.47 Non-Departmental 67,344.90 Library 102,410.92 TOTAL GENERAL FUND: 682,361.98 STREET' 630,309.58 C_ D. BLOCK GRANT 512.91 ICING COMMUNITY CENTER 1,982.87 AMBULANCE SERVICE 12,259.31 CEMETERY 6,251.49 ATHLETIC PROGRAMS 1,428.12 SENIOR CENTER 6,547.00 MULTI MODAL FACILITY 2,210.84 RIVERSHORE TRAIL&MARINA MAIN 850.96 LITTER CONTROL 1,558.90 REVOLVING ABATEMENT 1,733.56 INDUSTRIAL DEVELOPMENT& INFRASTRUCT 7,284.41 TRAC DEVEL&OPERATING 16,135.25 STADIUM/CONVENTION CENTER 7,677.10 SPECIAL ASSESSMNT LODGING 21,420.51 GENERAL CONSTRUCTION 67,775.00 WATER/SEWER 1,217,675.32 EQUIPMENT RENTAL-OPERATING 46,114.99 EQUIPMENT RENTAL- REPLACEMENT 4.00 MEDICAL/DENTAL INSURANCE 178`,810.96 CENTRAL STORES 202.42 PUBLIC FACILITIES DIST 28,914.40 PAYROLL CLEARING 49,871.38 LID CONSTRUCTION 310.70 TRI CITY ANIMAL CONTROL 53,788.11 GRAND TOTAL ALL FUNDS: $ 3,043,988.07 3(b).1 CITY OF PASC'O Council Meeting of: Payroll Approval September 8,2009 The City Council City of Pasco Franklin County,Washington The followi 's a summa ayroll claims against the City of Pasco for the month of August 2009 w ch re pr ted here 'h for your review and approval. Gary .Cr u f' ager James W.Chase F ancial Services Manager W , 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 40075 through 40153, and 40154 through 40225 and EFT deposit No's 30032055 through 30032623 and City contributions in the aggregate amount of$1,940,813 20 are approved for payment on this 8th day of September 2009. Council member Council member SUMMARY OF PAYROLL BY FUND GENERALFUND Legislative $ 6,664.29 Judicial 69,033.45 Executive 61,170.16 Police 534,837.85 Fire 279,391.73 Administrative&Community Services 318,473.06 Community Development 72,369 46 Engineering 74,082.36 TOTAL GENERAL FUND 1,416,022.36 CITY STREET 42,373.21. BLOCK GRANT 12,411.84 MARTIN LUTHER KING CENTER 5,587.44 AMBULANCE SERVICE FUND 131,106.90 CEMETERY 12,132.19 ATHLETIC FUND 960.55 SENIOR CENTER 12,331.38 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 0.00 WATER/SEWER 283,381.97 EQUIPMENT RENTAL-OPERATING= 24,50536 GRAND TOTAL ALL FUNDS $ 1,940,813 20 Payroll Summary Net Payroll 956,669.86 Employee Deductions 552,562,52 Gross Payroll 1,509,232.3.8 City of Pasco Contributions 431,580,82 Total Payroll $ 1,940,813.20 3(b).Z AGENDA REPORT TO: City Council August 17, 2009 FROM: Gary Crutchfi ty Manager Workshop Mtg.: 8/24/09 Regular Mtg.: 9/8/09 SUBJECT: Lodging Tax Advisory Committee Appointments I., REFERENCE(S). 1. Resolution No. 2314 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/24 Discussion: 9/8 MOTION: I move to confirm the Mayor's appointment of the following individuals to the 2009 Lodging Tax Advisory Committee: • Hotel Representatives: Monica Hammerberg, Red Lion and Allison White, Sleep Inn; o User Representatives: Nikki Gerds, Pasco Chamber of Commerce and Denis Gisi, Pasco Downtown Development Association; • City Council: Mike Garrison. III: FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF:, A) The Lodging Tax Advisory Committee (LTAC) was established under Resolution No. 2314 in June 1997 to comply with state requirements imposed at that time relating to the use of the city's lodging tax ("hotel/motel tax"). The committee met in 1997 and 1998 to perform its duty as expressed in Section 4 of Resolution No. 2314. The committee was dormant for several years thereafter, as the committee itself concluded that the existing commitments to debt service (for the TRAC and baseball stadium facilities) and tourism promotion (Visitor & Convention Bureau contract) left no real discretion to the committee. However, in 2004, representatives of the hotel industry in Pasco requested that the committee be revived. V. DISCUSSION: A), The appointments in the past have been structured so as to typically appoint the manager of the Red Lion (representing the largest hotel in Pasco) and the manager of one of the smaller facilities (Sleep Inn). The user representative positions have been the executive directors of the respective organizations noted (Pasco Chamber of Commerce and Pasco Downtown Development Association). B) The Mayor has identified individuals willing to fill the current vacancies. Council is requested to confirm the nominees at the September 8 meeting so that the required meeting of the Advisory Committee can occur timely for budget consideration. 3(c) RESOLUTION NO.1-� 'L A RESOLUTION establishing a Lodging Tax Advisory Committee. W71EREAS, the City of Pasco currently levies a lodging tax pursuant to Chapter 67.28 RCW; and WHEREAS, the State Legislature has enacted Substitute Senate Bill (SSB) 5867, enacted as Chapter 452, Laws of 1997, which modifies or repeals certain previous lodging tax authority and adds new lodging tax authority; and WHEREAS, SSB 5867 requires any new imposition of a lodging tax enacted dunder Chapter 67.28 RCW in a city with a population 'over 5,000, be first submitted for consideration to a lodging tax advisory committee not less than 45 days in advance of final action on a lodging tax by the city; and WHEREAS, Senate Bill 5867 replaces the current lodging tax authority with a new statutory scheme effective July 27, 1997; and WHEREAS, the City of Pasco relies on the receipts of the current lodging tax to fulfill its contractual obligation to Franklin County for its share of the debt and operating expenses associated with the TRAC facility, as well as the bonds issued to finance construction of the professional baseball stadium in Pasco; and WHEREAS, to ensure continued authorization for the imposition of the lodging tax within the City of Pasco, it is deemed to be in the best interest of the city that a lodging tax advisory committee be created immediately and that a proposal be submitted to this committee regarding continuation of a lodging tax; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS. Section 1. There is hereby created a City of Pasco Lodging Tax Advisory Committee to serve the functions prescribed in Senate Bill 5867, which was enacted as Chapter 452, Laws of 1997. Section 2. The membership of the lodging tax advisory committee shall consist of five persons appointed by the City Council. One member shall be an elected official of the city, who shall serve as chair. Two members shall be representatives of businesses required to collect the tax and two members shall be persons involved in activities authorized to be funded from revenue received from the tax. The City Council will review the membership on an annual basis and make changes as appropriate. Any appointments to the committee shall be made by the City Council. Section 3. The following persons are hereby appointed to initially serve as members of the lodging tax advisory committee: (A) Elected Official: Councilman Mike Garrison. 3 (B) Businesses required to oollect the lodging tax shall be represented by: (1) Alan Paty, General Manager, Doubletree Hotel. (2) Dorothy Hildebrant, Manager, Coal Post Motel. (C) Persons involved in activities authorized to use proceeds of the lodging tax shall be represented by: (1) Dorothy Schoeppach, Executive Director, Pasco Chamber of Commerce. (2) Rosemary Doupd, Executive Director, Pasco Downtown Development Association. Section 4. In accordance with SSB 5867, the City Council shall submit to the lodging tax advisory committee, for its review and comment, proposals on the imposition of any tax authorized under SSB 5867; any increase in the rate of such a tax; repeal of any exemption from such a tax; or a change in the use of the revenue received from such a tax. Comments by the committee should include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism and the extent to which the proposal will affect the long-range stability of the special fund "created for the lodging tax revenues. Section 5. In accordance with Section 4 of this Resolution, the City Council hereby submits to the lodging tax advisory committee the following proposal for its immediate review and comment: To ensure the continued levy of the lodging tax as authorized by Chapter 67 . 28 RCW, the city should re- enact an Ordinance levying a special excise tax on the sale or charge made for furnishing of lodging that is subject to tax under Chapter 82 . 08 RCW . Section S. In order to take all steps necessary or indicated by SSB 5867 with regard to re-enactment of lodging taxes levied by the city, the lodging tax advisory committee is hereby requested to conduct its first meeting not later than June 30, 1997, and to report back to the City Council its comments with respect to the tax proposal set forth in Section 5 of this Resolution no later than July 19, 1997. Section 7. This Resolution shall take effect immediately upon passage. PASSED by the City Council of the City of Pasco at a=regular meeting this 16th day of June, 1997. Charles D. Kilbury, kayor ATITEST: Catherine D. Seaman, Deputy City Clerk APPRO TO FORNE Leland B. Kerr, City Attorn ey Resolution establishing a Lodging Tax Advisory Committee - Page 2 AGENDA REPORT FOR: City Council September 1, 2009 TO: Gary Crutch ty Manager Regular Mtg.: 9/8/09 Rick White, Community & Economic Development Director FROM: David 1. McDonald, City Planner SUBJECT: FINAL PLAT: Heritage Village Phase 5 (Fastrack Inc) (MF# FP09-.003) I. REFERENCE(S): 1 Final Plat (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.pasco-wa.gov/generalinfo/citycouncilrepor-ts) 2. Vicinity Map It ACTION REQUESTED OF COUNCIL /STAFF.RECOMMENDATIONS: 9/8: MOTION: I move to approve the Final Plat for Heritage Village Phase 5. III. FISCAL IMPACT: NONE IV. 'HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Heritage Village development. The developer is now seeking final plat approval for Phase 5. B, Heritage Village Phase 5 is a single-family residential development located north of Sandifur Parkway between Road 90 and Westminster Lane. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer has completed some of the improvements and has provided the City with a bond in an amount sufficient ($17,781) to cover the costs of outstanding improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. 3(d) .r.,f �. •,• a ,}'h 7 r ''L �� f i � , ,•% ' f.� �� ��e �� a �' r' 6:1fL It��'f tip ,, r w• ° � Way tt � - •'T �r { F';, �`*'.; a7,+ I o.�e: a .•yd' s . • , �� �y M I 51V ar .� 1 _ 1 AGENDA REPORT NO. 30 FOR: City Council September 2, 2009 TO: Gary Crutchfield, Cit ger Robert J. Albert , I' o ks Director FROM: Michael McS , City Engineer Regular Mtg.: 09/08/09 SUBJECT: Local Improvement District (LID) #147 I. REFERENCE(S): 1. Vicinity Map 2. Resolution II: ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 09/08: MOTION: I move to approve Resolution�l��declaring Council's intention to create LID #147, and further, to set Monday, October 19, 2009 at 7:00 p.m. for a Public Hearing on this matter in the Pasco City Council Chambers. III. FISCAL IMPACT: General Fund IV. HISTORY AND FACTS BRIEF: A) Staff made a presentation to the City Council on August 24, 2009 regarding the formation of a LID on California Avenue & Bonneville Street. Staff explained that these roads are part of the Oregon Avenue Circulation Plan created August 1997 by Resolution Number 2337. These two roads need to be built to allow access to the properties so they can be developed and are some of the last streets needing to be completed under the circulation plan. The City Council instructed staff to proceed with the formation of this LID. B) Prior to the Council presentation, staff mailed a notice to the property owners setting a date for a neighborhood meeting on Tuesday, June 9, 2009 to discuss the project. No property owners were in attendance. Staff has since had telephone contact with 5 of the nine property owners (one being the City of Pasco's Highland Park) and has found that they are not opposed to the LID. Staff currently has 1 signed interest survey that was returned from the initial mailing. C) In 2000 LID #135 was formed to make roadway improvements to Spokane, Superior and Salt Lake Streets east of Oregon Avenue just north of this proposal. This LID and LID #144 (Road 90 & 92 Improvements) in 2008 were initiated by the City with solicitation to the property owners with regard to interest. V., DISCUSSION: A) This Resolution declares the City Council's intention to create the LID and sets a date for a Public Hearing. The Public Hearing will be on October 19, 2009. The property owners will be notified about the Public Hearing and receive a Preliminary Assessment value for their property. After the Public Hearing, the Council will then vote on an Ordinance that would create the LID; if approved, the Ordinance would provide a 30-day appeal process for property owners to formally object to the LID. B) A project needs to be created to complete California Avenue and Bonneville Street in the Oregon Avenue area. This project would abut nine (9) parcels and facilitate development. Staff proposes the City move forward with the public hearing in order to determine interest similar to LID's#135 and #144. The improvements would consist of a 28 feet wide roadway and street lighting system. Additional paving (up to 38 feet total road width), curb, gutters, sidewalks and storm water retention would be added to those properties with existing business or other uses. As other properties developed they would be required to complete the remaining improvements. This is consistent with the improvements done in LID 4135 to the north. The proposed LID boundary includes parcels that are zoned commercial. Due to the variation in parcel sizes, the proposed LID would be based on front footage and area charges. 3(e) LID 147 CALIFORNIA AVENUE AND BONNEVILLE STREET 1-182 JAMES ST PROJECTAREA 7, LEWIS St All ST \ VICINITY MAP RESOLUTION NO. 51<�2— A RESOLUTION OF THE CITY OF PASCO; DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING FOR THE PURPOSE OF CREATING A LOCAL IMPROVEMENT DISTRICT FOR INFRASTRUCTURE IMPROVEMENTS ON CALIFORNIA AVENUE SOUTH OF BROADWAY STREET AND ON BONNEVILLE STREET EAST OF OREGON AVENUE WHEREAS, the City adopted the Oregon Avenue Circulation Plan in August of 1997; and, WHEREAS, the Oregon Avenue Circulation Plan identified the need for public infrastructure to facilitate development and improve property values; and, WHEREAS, the City has held a neighborhood meeting and contacted property owners by snail and telephone and received no formal objection to the formation of the local improvement district; and, WHEREAS, the public hearing provides an opportunity for property owners within the proposed local improvement district to express support or opposition to the formation of a Local Improvement District for infrastructure improvements; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS FOLLOWS: Section 1. It is the intention of the City Council of the City of Pasco, Washington, to order the improvement of the properties within the area described in attached Exhibit A by the improvements to approximately 1100 feet of California Avenue south of Broadway Street and 600 feet of Bonneville Street east of Oregon Avenue, to City street standards, to include street paving and street lighting; curb, gutter, sidewalk and paving; and, and storm drainage systems as required (the "Improvements)." The Improvements are further described in attached Exhibit B. All of the Improvements shall be in accordance with the plans and specifications therefore prepared by the City Engineer, and may be modified by the City as long as a modification does not affect the purpose of the Improvements. Section 2. The total estimated cost and expense of the Improvements is declared to be $563,050.35 of which an estimated $548,321.56 shall be borne by and assessed against the property specially benefited by the Improvements. The properties within the District are within the area described in attached Exhibit A and embrace as nearly as practicable all the property specially benefited by the Improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property. Section 3. The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least fifteen days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the Franklin County Assessor at the address shown thereon, as required by law. This resolution also shall be published in its entirety in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public hearing. Section 4. All persons who may desire to object to the Improvements are notified to appear and present those objections at a hearing before the City Council to be held in the Council Chambers in the City Hall, 525 North 3d Avenue, Pasco, Washington, at 7:00 p.m. on October 19, 2009, which time and place are fixed for hearing all matters relating to the Improvements and all objections thereto and for determining the method of payment for the Improvements. All persons who may desire to object thereto should appear and present their objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the date of passage of the ordinance ordering the Improvements in the event the local improvement district is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. The City Engineer is directed to submit to the City Council on or prior to October 19, 2009, all data and information required by law to be submitted. PASSED by the City Council of the City of Pasco this 8th day of September,2009. Joyce Olson,Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney EXHIBIT A LID No. 147 — California Avenue and Bonneville Street Improvements The LID is to include the work of installing curb, gutter, sidewalk, storm drainage systems, street lighting and roadway improvements to City of Pasco standards. In Street From To North California Broadway Boulevard East Bonneville Street Avenue east Bonneville North Oregon Avenue North California Avenue Street EXHIBIT B LID No. 147 — California Avenue and Bonneville Street Improvements Legal description of the boundary: That portion of the northeast quarter of Section 29,Township 9 North, Range 30 East, W.M. in the City of Pasco, Franklin County, Washington, described as follows; Beginning at the northerly most corner of block 163, as it appears on the plat of Pasco Land Co's First Addition, filed for record in the office of the Franklin County Auditor, also being on the southerly line of East Broadway Boulevard; thence southwesterly along said southerly line and across California Avenue, to the centerline of Idaho Street(now vacated) as it appeared on said plat of Pasco Land Co's First Addition; thence southerly along said centerline to the northwesterly projection of the north line of lot 14, block 136 of said plat of Pasco Land Co's First Addition; thence along said projection and along said north line and across the 20 feet vacated alley and along the north line of lot 5 of said block 136 to the northwest corner of said lot 5, also being on the easterly line of North Oregon Avenue;thence southerly along said easterly line, and leaving said plat of Pasco Land Co's First Addition and across East Bonneville Street to the southerly line of the north half of lot 3, block 4, as it appears on the plat of Long's Addition, filed for record in the office of the Franklin.County Auditor; thence northeasterly along said southerly line to the easterly line of said lot 3; thence northerly along the easterly line of lots 1,2 and 3 and along the northerly projection of the easterly line of said lot Ito the southerly line of East Bonneville Street as it now exists(the southerly 10 feet having been vacated under Ordinance 3320); thence northeasterly along said southerly line and across the 20 feet alley to the northerly projection of the westerly line of lot 24 of said block 4; thence southerly along said projection and along the westerly line of lots 21 through 24, all of block 4,to the southerly line of the north 20 feet of said lot 21; thence northeasterly along said southerly line to the easterly line of said lot 21 also being the westerly line of North Idaho Avenue; thence northerly along said westerly line to the southerly line of East Bonneville Street as it now exists;thence northeasterly along said southerly line and across North Idaho Avenue to the easterly line of said North Idaho Avenue; thence southerly along said easterly line to the southwest corner of lot 12, block 7 of said plat of Long's Addition; thence northeasterly along the southerly line of said lot 12 to the southeast corner of said lot 12; thence northerly along the easterly line of lots 1 through 12, all of block 7 and leaving said plat of Long's Addition and along the easterly line of lot 1, block 148 of said plat of Pasco Land Co's First Addition and along the northerly projection of the easterly line of said lot 1 to the southerly line of East Bonneville Street as it now exists (the southerly 10 feet having been vacated under Ordinance 3931); thence northeasterly along said southerly line across the 20 feet alley to the northerly projection of the westerly line of lot 3 of said block 148; thence southerly along said projection and the westerly line of lots 2 and 3, both of block 148 to the south line of said block 148; thence along said south line to the east line of said block 148; thence along said east line to the northeast corner of said block 148; thence northeasterly across North Franklin Avenue and leaving said plat of Pasco Land Co's First Addition to the southwest corner of lot 10,block 2 as it appears on the plat of A.M. Wehe's Whitehouse Addition,filed for record in the office of the Franklin County Auditor, also being on the east line of North Franklin Avenue; thence northerly along said east line to the centerline of East George Street; thence northwesterly across North Franklin Avenue and leaving said plat of A.M. Wehe's Whitehouse Addition to the southerly most corner of block 161 of said plat of Pasco Land Co's First Addition also being on the easterly line of said plat; thence northerly along said easterly line and across vacated Garfield Street and across Vacated Broadway Street to the easterly most corner of block 163 of said plat of Pasco Land Co's First Addition also being on the easterly line of said block 163; thence northerly along said easterly line to the northerly most confer of said block 163 and the point of beginning. AGENDA REPORT NO. 5 FOR: City Council September 1, 2009 TO: Gary Crutchfield anager Robert J. Alberts, P 1' Works Director FROM Reuel Klenii(&lant Division Manager Regular Mtg.: 09/08/09 SUBJECT Accept Butterfield WTP Modification, Valve Replacement and Weirs Installation, Project 407-2-05 I. 'REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 09/08. MOTION: I move to approve Resolution No -&accepting the work performed by Intermech/Thompson Mechanical, under contract for the Butterfield WTP Modification, Valve Replacement and Weirs Installation, Project #07-2-05. JII. FISCAL IMPACT: Water Fund IV. HISTORY AND FACTS BRIEF: A) On March 17, 2008, Council awarded the Butterfield WTP Modification, Valve Replacement and Weirs Installation, Project #07-2-05 to Intermech/Thompson Mechanical for a total of$410,343.29 including sales tax. DISCUSSION: A) The final cost of the project was $410,642.19 including sales tax. The work is complete and staff recommends acceptance of the work. 3(f) RESOLUTION NO. D A RESOLUTION ACCEPTING WORK PERFORMED BY INTERMECH/THOMPSON MECHANICAL UNDER CONTRACT FOR THE BUTTERFIELD WTP MODIFICATION, VALVE REPLACEMENT AND WEIRS INSTALLATION, PROJECT#07-2-05. WHEREAS, the work performed by Intermech/Thompson Mechanical, under contract for the Butterfield WTP Modification, Valve Replacement, and Weirs Installation, Project #07-2-05, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering's recommendation and thereby accepts the work performed by Intermech/Thompson Mechanical, under contract for the Butterfield WTP Modification, Valve Replacement, and Weirs Installation, Project #07-2-05, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State, Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 8th day of September, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT NO. 4 FOR: City Council September 1, 2009 TO: Gary Crutchfie anager Robert J. Alberts Works Director FROM Reuel Klen�&Plant Division Manager Regular Mtg.: 09/.08/09 SUBJECT: Accept 2008 WWTP Expansion (Solids Thickening Facilities), Project#08-1-02 I. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 09/08: MOTION: I move to approve Resolution No accepting the work performed by Fowler General Construction, under contract for the 2008 WWTP Expansion (Solids Thickening Facilities), Project#08-1-02. III. FISCAL IMPACT: Sewer Fund IV. HISTORY AND FACTS BRIEF: A.) On February 13, 2008, Council awarded the 2008 WWTP Expansion (Solids Thickening Facilities), Project #08-1-02 to Fowler General Construction for a total of$1,580,884.34 including sales tax. V. DISCUSSION: A)_ The final cost of the project was $1,573,162.51 including sales tax. The work is complete and staff recommends acceptance of the work. 3(g) RESOLUTION NO. 3 N A RESOLUTION ACCEPTING WORK PERFORMED BY FOWLER GENERAL CONSTRUCTION UNDER CONTRACT FOR THE 2008 WWTP EXPANSION (SOLIDS THICKENING FACILITIES), PROJECT#08-1-02. WHEREAS, the work performed by FOWLER GENERAL CONSTRUCTION, under contract for the 2008 WWTP Expansion (Solids Thickening Facility), Project #08-1-02, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering's recommendation and thereby accepts the work performed by Fowler General Construction, under contract for the 2008 WWTP Expansion (Solids Thickening Facility), Project#08-1-02, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 8th day of September, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT NO. 3 FOR: City Council September 1, 2009 TO: Gary Crutchfiel anager Robert J. Albert is Works Director FROM Reuel Klei Plant Division Manager Regular Mtg.: 09/08/09 SUBJECT: Accept Raw Water Pumphouse Roof Replacement, Project#08-2-05 I. REFERENCE(S):. 1. Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDAATIONS: 09/08: MOTION: I move to approve Resolution No.,3ta5 accepting the work performed by Vincent Brothers, under contract for the Raw Water Pumphouse Roof Replacement, Project#08-2-05. III. FISCAL IMPACT: Water/Sewer Fund IV. HISTORY AND FACTS BRIEF: A) On February 2, 2009, Council awarded the Raw Water Pumphouse Roof Replacement, Project #08-2-05 to Vincent Brothers for a total of $140,783.5 including sales tax. The awarded amount included an Alternate for additional interior painting. V. DISCUSSION: A) The final cost of the project was $158,463.48 including sales tax. This includes a change order in the amount of $16,325.00 plus applicable sales tax. The change order included a Gypsum Ceiling, ventilation and additional painting. The work is complete and staff recommends acceptance of the work. 3(h) RESOLUTION NO. c3 �5---- A RESOLUTION ACCEPTING WORK PERFORMED BY VINCENT BROTHERS UNDER CONTRACT FOR THE RAW WATER PUMPHOUSE ROOF REPLACEMENT, PROJECT#08-2-05. WHEREAS, the work performed by VINCENT BROTHERS, under contract for the Raw Water Pumphouse Roof Replacement, Project #08-2-05, has been examined by Engineering and has- been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the. contractor's work and the project as complete; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering's recommendation and thereby accepts the work performed by Vincent Brothers, under contract for the Raw Water Pumphouse Roof Replacement, Project #08-2-05, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 8th day, of September, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT NO,2 FOR:_ City Council September 1, 2009 TO Gary Crutchfiel t Manager Robert J. Albert , u is Works Director FROM: Reuel Klempg ant Division Manager. Regular Mtg.: 09/08/09 SUBJECT: Accept Process Water Reuse Facility Irrigation Pivot, Project#08-3-01 I: REFERENCE(S):, I. Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 09/08: MOTION: I move to approve Resolution Nos/accepting the work performed by Valmont Northwest, under contract for the Process Water Reuse Facility Irrigation Pivot, Project #09-7-02. ITI. FISCAL IMPACT:. Utility Fund IV. HISTORY AND FACTS BRIEF: A) On March 2, 2009, Council awarded the Process Water Reuse Facility Irrigation Pivot, Project#09-7-02 to Valmont Northwest for $92,251.94 including sales tax. V. DISCUSSION; A) The final cost of the project was $92,251.94 including sales tax. The work is complete and.staff recommends acceptance of the work. 3(i) RESOLUTION NO. c5N A RESOLUTION ACCEPTING WORK PERFORMED BY VALMONT NORTHWEST UNDER CONTRACT FOR THE PROCESS WATER REUSE FACILITY IRRIGATION PIVOT, PROJECT#09-7-02. WHEREAS, the work performed by VALMONT NORTHWEST, under contract for the Process Water Reuse Facility Irrigation Pivot, Project #09-7-02, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering's recommendation and thereby accepts the work performed by Valmont Northwest, under contract for the Process Water Reuse Facility Irrigation Pivot, Project #09-7-02, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to.notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 8th day of September, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT FOR: City Council August 31", 2009 TO: Gary Crutchfield 'tanager Regular Mtg.: 9/08/09 FROM: Rick White Community& Economic Development Director SUBJECT: Public Hearing and Ordinance creating Local Improvement District (LID) No. 146 for the Kurtzman Park Neighborhood Improvements—Phase 1 I. REFERENCE(S): 1. Vicinity Map 2. Map with potential phasing 3. Assessment Map 4. Ordinance II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 9/08; CONDUCT PUBLIC HEARING 9/08: MOTION: I move to adopt Ordinance No. creating LID No. 146 for Kurtzman Park Neighborhood Improvements Phase 1. II1. FISCAL IMPACT: Community Development Block Grant (CDBG) 2007/2008 allocations of approximately $297,000, CDBG 2010 allocations of approximately $140,000 (depending on Council's decision for distribution of funding) and American Recovery and .Reinvestment Act (ARRA) CDBG funding of approximately $153,000. IV. HISTORIC AND FACTS BRIEF: A. Following a public outreach effort in 2006, the City approved the Kurtzman Park Action Plan in early 2007. The Plan was developed as a result of neighborhood input and established a priority system for neighborhood improvements including infrastructure (sidewalks, curbs, gutters, street lights and in some cases utilities), increased Code Enforcement efforts and an increased Police presence. City Council established neighborhood action programs, definition of appropriate neighborhood improvements and improvement of neighborhood infrastructure while minimizing financial effects on low income households as Council Goals for 2008/2009. B. Two neighborhood meetings were conducted in June and July this year to explore the level of neighborhood interest in an LID for neighborhood infrastructure in Phase 1. Almost all residents attending were interested in moving forward with the LID process — reserving however, any commitment until more formal cost estimates from the preliminary assessment roil are known. C. At the August 3, 2009 Council Meeting, Resolution 3179 was approved which declared the City's intent to create LID 146 and set September 8`h, 2009 for the public hearing. The "Notice of Proposed Improvement and Public Hearing Thereon" with the preliminary assessment costs were sent to property owners and published in the Tri-City Herald on August 24th, 2009. D: The public hearing is to consider testimony from those for and against the LID. ]�. At conclusion of the hearing, Council may elect to form the LID by approving the proposed ordinance or terminate the process by disapproving the proposed ordinance. V. DISCUSSION: A. The City will apply developer contributions from past housing projects in this neighborhood of$28,000, and ARRA stimulus money of$153,000 towards the total cost of the proposed LID. The developer contributions apply to nearly all of Blocks 10 and I 1 of Kurtzman's First Addition and remove those applicable properties from the LID. 7(a) B. To date, approximately $297,000 in CDBG funds has been set aside from 2007/2008 allocations as a means of financing the missing infrastructure in Phase I of this neighborhood. The cost for curb, gutter, sidewalk, street lights and street paving is estimated at $590,000 for Phase 1. CDBG funds can be used to pay assessments for lower income residents similar to a program that is now in place for the payment of utility LID's. Over the next three to four years, it is expected that a combination of additional CDBG funds from future allotments and LID strategies could also complete these improvements for Phases II and III. C: Neighborhood improvement in areas lacking or experiencing decay of infrastructure is a Council goal for 200$/09. The use of CDBG and ARRA monies can reduce the overall costs of the LID and minimize the impact of improving neighborhood infrastructure on low income households. ey1 � ct IA 'k LU ML i,I 1-1 .. NA LJ VIP 6 if •� � t«��'�� �•�. , � �� �••�'�'\�'S'�;i• •�•••r - [• :,Tay, ��• •lam I� -., '1 a {r ,ll\\ ., `" .M tilt V. tiff s„�,r .= = '{�r 'Y! •• �i��ti� �a �-7 + ww. Legend Kurtzman Phase 1 Parcels Priority Improvement Areas Kurtzman Phase 2 Parcels Q Missing Sidewaik �- Kurtzman Phase 3 Parcels LEWIS ST I r t 4 I Phase i i -. - -- —�� P aseAll- IF ?V Mi_- -- NA ST W>1�----_ - --� a KALISPELL CT -- -t- �_ �J I BUTTE ST BUTTE CT Ph. a -1 I_ "A"ST I I I IT-n.prover-Onent4 ". ndin0 thro-tig % 3:TT) Il I � 11 N Y 4 w 00 V M W d w N N Z L—� ra_�J" i/o G r z _- 7 C]C�O N WIA�CT V D ' I NF1 i > 'Q I I Ln A !R rp Q3 ti Zit ��s !_..22l. �t `_ r+ r — zzsm n D v n � S. S _ AVF� - ZZ n m S D A O O j`L1IL :Tf Z B t`�J{f r t1& I •L = IIIF mp � LA � � � ! -�II► � � I f 11 I w. f6l' q71 G �Z;O 0 n z z 22_ 7t X06._�702� �m _ _ HULO A_VE N N N N V� I D- LZL- SZL L lL� -r 4, f L� - 9 I � i {ltlt • I' ,I � I �` 'V C N N F+ W W r N mF CE c w oo v � in a z s o- �e` a I io�4, _ � L. J� I S. WALDEMAR AVE T_-_�_ th- w �u w rtiu `+ w w •� {N � � LZ[t £ZL � 6l4 LOL�',�� � O � � " ca 11 D O gg ..a �o m Z x m gyp[ L_�l---'�---- ---. ---J n, n t N W.fNNN N NI'J L , w fI Cl0 O, N Wli� Cl� i V C1oIcG 4 - i� V C � I _L?+„ 1 I 702 A < o S. CEDAR AVE p � OAAF3 � CJ�IV_ _.�.- c � zp m � z zoro c..4 CO z z z p N $ n n I I �An 1 ) N ! 3 W j CD m. 1 0 N 1 m R o n Z CD L �� I lam cn O� O� G1 T Q1 Ql N QN1 QW1 r _ •{ !- t r LI D-146 DATE: 9.1.2009 KURTZMAN'S PARK NEIGHBORHOOD DRAWN: MSR IMPROVEMENTS PHASE 1 SCALE: NTS PRELIMINARY ASSESSMENT MAP SHEET 1 of 2 LID BOUNDARY -9 2020 4010`]G - "014 an. ATM 11]-bS0014 �- j 1 24 14 j VAD ' I I I ,¢ F----^-1R-Ij UJ 12 LU ,1 4 Imo{ k4} 11 1 4 �I0117 ' �� I j I I I I 42 ,o I "'�I I•� LID BOUNDARY' E. ALTO4 ST 1— 1 © I LF 11 1� p: 7 98� ` E. ALTON ST Record Number Parcel Number Owner Name(firu ENAVARRO u Prelimina Aiussment 24 113.833-166 RAFAEL&ESTHER 5 15,731.2k 25 113-833-157 ROSEN 00&BERTHA $ 6,663.26 26 113-633-148 SALVADOR(ETAL) $ 6,663.26 27 113.833-139 ANNIE M $ 6,663.26 28 113.833-120 KENNETH&RIETAQ GAUL 5 7,734.93 29 113.833111 KENNETH&REBECCA(ETAL) GALA S 8,559.29 30 113.833-193 ROMAN&JACQUELINE RAMIREZ S 92,149.32 31 113-833-077 GREATER FAITH BAPTISTCHURCH $ 8,806.59 32 113-833-069 RONNIE&KAREN CAMPBELL $ 13,917.62 33 113.833.059 RONNIE&KAREN CAMPBELL S 6,663.26 34 113.833-040 ALFRED 14ARDING $ 6,663.26 35 113-833-022 JUAN&ADEUNA CARDENAS $ 15,731.21 36 113-832-194 81 MARO CHAVEZ $ 16x967.75 37 113-832-185 SANTIAGO OROZCO $ 8,724.16 38 113.832-176 SANTIAGO OROZCO S 6,663.26 39 113-832-167 JESUS 1R VRIBE $ 6,66326 40 113-832.158 RONNIE GENE CAMPBELL $ 16,967.75 41 1.13-832-149 JRONNIEGENF CAMPBELL $ 7,899.80 42 113.832-130 W PETER ICONROY $ 16,967.75 43 113-83Z-121 KEW I LENZ $ 16,967.75 44 113-832-112 1 JOE&MILDREO; I SCALES $ 16,967.75 LID-1 4 6 DATE: 9.1.2009 �� KURTZMAN'S PARK NEIGHBORHOOD DRAWN: 4tsR IMPROVEMENTS PHASE 1 SCALE: NTS 9 PP.E;—IMINQRY ASSESSMENT MAP' SHEET 2 of 2 I CITY OF PASCO,WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, relating to City street improvements; ordering the improvement to approximately 4600 feet in total, of Elm Avenue and Sycamore Avenue north of Alton Street and south of Lewis Street and Sycamore Avenue, Hugo Avenue, Waldemar Avenue and Cedar Avenue north of`A' Street and south of Butte Street and Butte Street east of Elm Avenue and west of Cedar Avenue, to City standards, to include curb, gutter, Sidewalks, storm drainage system, street lighting, and roadway improvements all in accordance with Resolution No. 3179 of the City Council; establishing Local Improvement District No. 146, and ordering the carrying out of the proposed improvements; providing that payment for the improvements be made by special assessments upon the property in the District, payable by the mode of"payment by bonds"; and providing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds. WHEREAS, by Resolution No. 3179 adopted August 3, 2009, the City Council declared its intention to order the improvement to approximately 4600 feet in total, of Elm Avenue and Sycamore Avenue north of Alton Street and south of Lewis Street and Sycamore Avenue, Hugo Avenue, Waldemar Avenue and Cedar Avenue north of`A' Street and south of Butte Street and Butte Street east of Elm Avenue and west of Cedar Avenue, to City standards, to include curb, gutter, sidewalks, storm drainage system, street lighting, and roadway improvements; and, fixed September 8, 2009, at 7:00 p.m., local time, in the City Council Chambers of the City Hall as the time and place for hearing all matters relating to the proposed improvement and all comments thereon and objections thereto and for determining the method of payment for the improvement; and WHEREAS, the City Engineer caused an estimate to be made of the cost and expense of the proposed improvements and certified that estimate to the City Council, together with all papers and information in his possession touching the proposed improvement, a description of the boundaries of the proposed local improvement district and a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed district; and WHEREAS, that estimate is accompanied by a diagram of the proposed improvement showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by the proposed improvement and the estimated cost and expense thereof to be borne by each lot,tract and parcel of land or other property; and WHEREAS, due notice of the above hearing was given in the manner provided by law, and the hearing was held by the City Council on the date and at the time above mentioned, and -1- all objections to the proposed improvement were duly considered by the City Council, and all persons appearing at such hearing and wishing to be heard were heard; and WHEREAS, the City Council has determined it to be in the best interests of the City that the improvement as hereinafter described be carried out and that a local improvement district be created in connection therewith; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY- ORDAIN as follows: Section 1. The City Council of the City of Pasco, Washington (the "City"), orders the improvement of the properties within the area described in Exhibit B, by the improvements to approximately 4600 feet in total, of Elm Avenue and Sycamore Avenue north of Alton Street and south of Lewis Street and Sycamore Avenue, Hugo Avenue, Waldemar Avenue and Cedar Avenue north of `A' Street and south of Butte Street and Butte Street east of Elm Avenue and west of Cedar Avenue, to City street standards, to include curb, gutter, sidewalks, storm drainage system, street lighting, and roadway improvements, as more particularly described in Exhibit A (the "Improvements"). The Improvements shall be in accordance with the plans and specifications therefor prepared by the City Engineer, and may be modified by the City Council as long as such modification does not affect the purpose of the Improvements. Section 2. There is created and established a local improvement district to be called Local Improvement District No. 146 of the City of Pasco, Washington (the "District"), the boundaries or territorial extent of the District being more particularly described in Exhibit B attached hereto and by this reference incorporated herein. Section 3. The total estimated cost and expense of the Improvements is declared to be $668,745 of which an estimated $488,639 shall be borne by and assessed against the property specially benefited by such Improvements included in the District which embraces as nearly as practicable all property specially benefited by such Improvements. Section 4. In accordance with the provisions of RCW 35.44.047, the City may use any method or combination of methods to compute assessments which may be deemed to more fairly reflect the special benefits to the properties being assessed than the statutory method of assessing the properties. Section 5. Local improvement district warrants may be issued in payment of the cost and expense of the Improvements herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No. 146, hereinafter created and referred to as the Local Improvement Fund, and,until the bonds referred to in this section are issued and delivered to the purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter by the City's Financial Services Manager, as issuing officer, and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued, such interest-bearing warrants to be hereafter referred to as "revenue warrants." In the alternative, the City hereafter may provide by ordinance for the issuance of other short-term obligations pursuant to chapter 39.50 RCW. -2- If the City shall authorize expenditures to be made for such Improvements (other than for any cost or expense expected to be borne by the City) prior to the date that any short-term obligations or local improvement district bonds are issued to finance the Improvements, from proceeds of interfund loans or other funds that are not, and are not reasonably expected to be, reserved, allocated on a long-term basis or otherwise set aside to pay the cost of the Improvements herein ordered to be assessed against the property specially benefited thereby, the City declares its official intent that those expenditures, to the extent not reimbursed with prepaid special benefit assessments, are to be reimbursed from proceeds of short-term obligations or local improvement district bonds that are expected to be issued for the Improvements in a principal amount not exceeding $488,639. The City is authorized to issue local improvement district bonds for the District which shall bear interest at a rate and be payable on or before a date to be hereafter fixed by ordinance. The bonds shall be issued in exchange for and/or in redemption of any and all revenue warrants issued hereunder or other short-term obligations hereafter authorized and not redeemed in cash within twenty days after the expiration of the thirty-day period for the cash payment without interest of assessments on the assessment roll for the District. The bonds shall be paid and redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode of"payment by bonds," as defined by law and the ordinances of the City. The exact form, amount, date, interest rate and denominations of such bonds hereafter shall be fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City Council hereafter shall determine. Section 6. In all cases where the work necessary to be done in connection with the making of such Improvements is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for such work may be made in cash warrants drawn upon the Local Improvement Fund or by check or other lawful instrument through the City LID Construction Fund,LID 146 Account,for and on behalf of the District. Section 7. The Local Improvement Fund for the District is created and established in the office of the City Financial Services Manager. The proceeds from the sale of revenue warrants or other short-term obligations drawn against the fund which may be issued and sold by the City and the collections of special assessments, interest and penalties thereon shall be deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the Improvements and cash warrants in payment for all other items of expense in connection with the Improvements may be issued against the Local Improvement Fund. Alternatively, payment to the contractor or contractors may be made through the City LID Construction Fund,LID 146 Account,for and on behalf of the District. Section 8. Within 15 days of the passage of this ordinance there shall be filed with the City Clerk the title of the Improvements and District number, a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of such Improvements to be borne by each lot, tract or parcel of -3- land. The City Clerk immediately shall post the proposed assessment roll upon her index of local improvement assessments against the properties affected by the local Improvements. PASSED by the City Council and APPROVED by the Mayor of the City of Pasco, Washington, at a regular open public meeting thereof, this day of September, 2009. Joyce OIson, Mayor ATTEST`. Debra-L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney -4- EXHIBIT A LID No. 146—Kurtzmans Park Neighborhood Improvements Phase I The LID is to include the work of installing curb, gutter, sidewalk, storm drainage systems, street lighting and roadway improvements to City of Pasco standards. In Street From To Cedar Avenue East `A' Street 300 feet south of Butte Court (east side) Waldemar Avenue 210 feet north of 170 feet south of Butte Street (east side) East `A' Street Waldemar Avenue East `A' Street Butte Street (west side) Hugo Avenue East `A' Street: Butte Street (east side) Hugo Avenue 196 feet north of 1.25 feet south Qf Butte Street (west side) East `A' Street Sycamore Avenue East `A' Street Butte Street (west side) Butte Street Sycamore Avenue Hugo Avenue (north side) Butte Street Hugo Avenue Waldemar Avenue (south side) Butte Street Waldemar Avenue Cedar Avenue (north side) Elm Avenue 150 feet north of Lewis Street (east side) Alton Street Sycamore Avenue Alton Street Lewis Street Exhibit A EXHIBIT B LID No. 146—Kurtzmans Park Neighborhood Improvements Phase 1 Legal description of the boundary: That portion of the south half of Section 28, Township 9 North, Range 30 East, W.M. in Pasco, Franklin County, Washington, described as follows; Beginning at the southwest corner of lot 17, block 9 of Kurtzman's First Addition to Pasco, filed for record in the office of the county auditor, Franklin County, Washington also being on the north line of East "A" Street; thence easterly, along said north line to the centerline of South Sycamore Avenue; thence northerly along said centerline to the centerline of East Butte Street; thence westerly, along said centerline, to a line that is the northerly projection of the west line of lot 32, block 9 of said plat; thence southerly along said projection and along the west line of lots 17 through 32, all of block 9, to the southwest corner of said lot 17 and the point of beginning. Together with the following; Beginning at the southwest corner of lot 24, block 10 of Kurtzman's First Addition to Pasco, filed for record in the office of the county auditor, Franklin County, Washington; thence easterly along the south line of said lot 24 and along the easterly projection of said south line to the centerline of South Hugo Avenue; thence southerly along said centerline to the north line of East "A" Street; thence easterly along said north line to the southeast corner of lot 16,block 11 of said plat; thence northerly along the easterly line of lots 1 through 16 to the a line the is parallel with and 30 feet southerly of the centerline of East Butte Street; thence easterly along said line to a line that is the northerly projection of the west line of lot 32 of said block 11; thence southerly along said projection and along the west line of lots 17 through 32 to the southwest corner of said lot 17, also being on the north line of East "A" Street; thence along said north line to the centerline of South Waldemar Avenue; thence northerly along said centerline to a line that is the westerly projection of the south line of lot 8, block 12 of said plat; thence easterly along said projection and along said south line to the southeast corner of said lot 8; thence northerly along the east line of lots 7 and 8, both of block 12, to the northeast corner of said lot 7; .thence westerly along the north line of said lot 7 and along the westerly projection of said north line to the centerline of South Waldemar Avenue; thence northerly along said centerline to the centerline of East Butte Street; thence westerly along said centerline to the centerline of South Hugo Avenue; thence southerly along said centerline to a line that is the easterly projection of a line that is parallel with and 5 feet southerly of the south line of lot 29, block 10 of said plat; thence along said projection and along said parallel line to the west line of lot 28 of said block 10; thence southerly along the west line of lot 24 through 28, all of block 10, to the southwest corner of said lot 24 and the point of beginning. Together with the following: Beginning at the centerline intersection of South Sycamore Avenue and East Butte Street; thence easterly along the centerline of East Butte Street to the centerline of South Hugo Avenue; thence northerly along said centerline to a line that parallel with and 30 feet north of the centerline of Exhibit B - 1 East Butte Street; thence westerly, along said parallel line, to the centerline of South Sycamore Avenue; thence southerly along said centerline to the centerline intersection of South Sycamore Avenue and East Butte Street and the point of beginning. Together with the following: Beginning at the centerline intersection of South Waldemar Avenue and East Butte Street; thence easterly along the centerline of East Butte Street to the centerline of South Cedar Avenue; thence northerly along said centerline to a line that parallel with and 30 feet north of the centerline of East Butte Street; thence westerly, along said parallel line, to the centerline of South Waldemar Avenue; thence southerly along said centerline to the centerline intersection of South Waldemar Avenue and East Butte Street and the point of beginning. Together with the following: Beginning at the southwest corner of the southeast quarter of section 28, T9N, R30E, Franklin County Washington; thence northerly along the west line of said southeast quarter to the north line of East `A' Street and the true point of beginning; thence easterly along said north line to the southeast corner of lot 1 Short Plat 2002-10 filed for record in the office of the county auditor, Franklin County Washington; thence northerly along the east line of said lot 1 to the northeast corner of said lot; thence westerly along the north line of said lot 1 and along the westerly projection of said north line to the west line of said southeast quarter; thence southerly along said west line to the north line of East `A' Street and the true point of beginning. Together with the following: Beginning at the northeast corner of lot 14, block 2, of Acre Park Addition to Pasco filed for record in the office of the county auditor, Franklin County, Washington, also being on the south line of East Lewis Street; thence westerly, along said south line, to the northwest corner of lot 1, block 3 of said plat; thence southerly along the west line of said lot 1 to the southwest corner of said lot 1; thence westerly to the southeast corner of lot 2, of Short Plat 99-23 filed for record in the office of the county auditor, Franklin County, Washington; thence westerly, along the south line of said lot 2 to the southwest corner of said lot 2; thence northerly along the west line of said lot 2 to the south line of East Lewis Street; thence westerly, along said south line, to a line that is parallel with and 20 feet westerly of the west line of block 3 of said plat of Acre Park Addition; thence southerly, along said parallel line to a line that is the westerly projection of the south line of Iot 10, block 3 of said plat; thence easterly ,along said projection and along the south line of said lot 10 to the southeast corner of said lot 10; thence easterly to the southwest corner of lot 5, block 3 of said plat; thence southerly along the west line of lots 6 & 7, both of block 3, to the southwest corner of said lot 7; thence easterly along the south line of said lot 7 and across South Sycamore Avenue and along the south line of lot 8, block 2 of said plat to the southeast corner of said lot 8; thence northerly along the east line of lots 8 through 14, all of block 2, to the northeast corner of said lot 14 and the point of beginning. Excepting therefrom the 10 feet north-south alley across block 3 of said plat of Acre Park Addition. Exhibit;B-,� 2 CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on September , 2009, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after the publication of its summary in the City's official newspaper; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this day of September 2009. CITY OF PASCO, WASHINGTON Debra L. Clark, City Clerk AGENDA REPORT NO.24 FOR: City Council. DATE: August 6, 2009 TO: Gary Crutchfiel Cit iger Robert J. Albe rks Director G FROM: Michael McShA, ity Engineer Workshop Mtg.: 08/24/09 Regular Mtg.: 09/08/09 SUBJECT: Angle Parking Ordinance Revision I. REFERENCE(S): 3. Map 2. Ordinance II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS.: 08/24: Discussion 09/08: MOTION: I move to adopt Ordinance No. , adding, removing and revising various street locations for angled parking, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) A recent request by Franklin County PUD to add angle parking on Bonneville across from their new addition, currently under construction. Also, a review of existing angle parking indicated an update was needed to reflect current conditions. V. DISCUSSION: A) This ordinance amends Section 10.48.020 (Markings Indicating Angle Parking) of the Pasco Municipal Code to add, remove and revise the following locations to the list of streets where angle parking may be permitted. Add: Bonneville, North side from 14th Ave to 15th Ave Add: Bonneville, North side from 14th Ave East 300 feet Add: Bonneville, South side from 14th Ave East 230 feet Add: Hopkins, North side from 14th Ave East 250 feet Add: Hopkins, South side from loth Ave East 180 feet Add: Shoshone, South side from 14th Ave East 130 feet Add: Shoshone, North side from 10th Ave West 315 feet Add: Irving, South side from 14th Ave to 15th Ave (Head-in) Add: Irving,North side from 10th Ave to 12th Ave. Add: I Oth, West side from Nixon to Sylvester (Head-in and Angled) Add: Ainsworth, from 11th Ave Fast 130 feet Add: 9th Ave East side from"B" St North 300' (Head-in) Add: S 6th Ave from Columbia South 170 feet Add : N 4th Ave, from Clark to Columbia Remove: S 5th Ave, East side from Lewis St to Columbia St Remove: S 6th Ave, from "A" St to "B" St Remove: N 7th Ave, from Shoshone South 200 feet 8(a) Remove: S 11th Ave, East side from`B" St to Ainsworth Remove: Park St, from 4th Ave to 5th Ave Remove: Yakima,North side from 12th Ave to 14th Ave Revise: Nixon, South side from 7th Ave East One halfbie to 5th Ave Revise: Nixon, South side from 3rd Ave East to 'tee One-half block Revise: Yakima, South side from 10th Ave West to-1244 245 feet Revise: Sylvester, North side from "*tee 10th Ave to 12th Ave Revise: Columbia,North side from 7th Ave West to 8th Ave 560 feet Revise: N 12th Ave, West side from Sylvester South to AIL-y Irving Revise: N. 12th Avenue, West side from Sylvester,North to Nixon Revise: N 9th Ave from Clark to Golumbi a Lewis 340r(YOAS jt En 3AY H•,336 30 3H3A 05.N IAV iWtL�- rA Ha NWIA N 3A%'"d b, "Ic 3M KL6 3AW RIO t 3AV HILL RL mk's w HL 3AV HU4 �U HJLV I A.L6 Ll 36\ViKw WHO wo con 3W QNZZ 3AV QKU I 3AV 3W VAIC 3AV FU9 rn 3AV HUZ�Wf z I $- U) u 3AV HLQZ z z II I rAl Id CINZC rA I-A rl U CIV08 as JLVAMd In- K Uvoll Fn VT GVOH ORDINANCE NO, AN ORDINANCE permitting angle parking on various streets, and amending Section 10.48.020 of the Pasco Municipal Code. WHEREAS, the Public Works Director has determined that it is necessary for public safety to permit angle parking on certain streets; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON,DO ORDAIN AS FOLLOWS: 10.48.020 MARKINGS INDICATING ANGLE PARKING. The City Engineer shall determine upon what streets, other than those forming a part of the primary or secondary State,,. highways, angle parking shall be permitted. ANGLE PARKING PERMITTED NAME OF STREET FROM TO S. 2nd Avenue, west side Lewis Columbia N. 2nd Avenue, west side Clark Bonneville N. 2nd Avenue,west side Yakima Shoshone S. 3rd Avenue, west side Lewis Columbia S. 4th Avenue, west side Columbia South Street S. 4th Lane "A" Street "C" Street N. 4t'Avenue Clark Columbia S. 5th Avenue, west side "A" Street `B" Street S. th Avenue,east side Lewis Gelti ,,L.;a N. 5th Avenue, east side Jan Bypass S. 6th 1e 'A"" Street ccQ» F4ee+ S. 6th Avenue Columbia, south 170 ft. N. 6th Avenue Shoshone North to alley S. 7th Lane, west side "A" Street `B" Street S. 7th Avenue Lewis Columbia ,14.7tzA�van„e,west sido S es ene seu4h 200 f+: N. 8th Avenue Clark Lewis 9th Avenue, east side "B" Street, north 300 ft(head-in) 9th Avenue Clark Gelumbi Lewis 10th Avenue,-west side Nixon Sylvester(head-in) S 11 1enue west side "A"feet ccg" C{�GC[ S.Tz th-ArvExcc e, east rside n—vcrcc-� N. 11th Avenue Bonneville Shoshone N. 12th Avenue,west side Sylvester, south A41ey Irving NAME OF STREET FROM TO N. 12th Avenue,west side Sylvester, north Nixon Ainsworth 11th Avenue east 130 ft. Columbia, south side Tacoma 1 st Avenue Columbia,north side 2nd Avenue 5th Avenue Columbia 5th Avenue 7th Avenue Columbia,north side 7th Avenue, west O+1aanAve 560 ft. Clark, south side 2nd Avenue 5th Avenue Bonneville,north side 1 st Avenue 2nd Avenue 2nd Avenue 5th Avenue (except west of 4th Avenue,for 150 ft.) Bonneville south side 14th Avenue, east 230 ft. Bonneville north side 14th Avenue 15th Avenue. Bonneville north side 14th Avenue, east 300 ft. Hopkins south side 14th Avenue, east 180 ft. Hopkins north side 14th Avenue, east 250 ft. Hassalo, north side 14th Avenue 15th Avenue Shoshone. south side 14th Avenue east: 130 ft. Shoshone, south side 15th Avenue 16th Avenue Shoshone,north side 6th Avenue,west 200 ft. Shoshone, north side 10th Avenue, west _315 ft. Yakima, south side I Oth Avenue,west 12th Ave 245 ft. Yakima, fth 'ri 124 �-rn venue A+b, n-venue Sylvester,north side 44th 1 Oth Avenue 12th Avenue Irving, south side 1 Oth Avenue l 5th Avenue Irving south side 14th Avenue 15th Avenue(head-in) Irving north side 1 Oth Avenue 12th Avenue Nixon, south side 10th Avenue 12th Avenue Nixon, south side- 7th Avenue, east One half b 5th Avenue Nixon 3rd Avenue, east 'st Ave � One-half block Margaret,north side 12th Avenue,west 200 ft. n t 4th A-Penue 5th Ave Henry,north side 14th Avenue,east One-half block Henry,north side 1 Oth Avenue,west One-half block and east 200 ft. 'Court, north side 7th Avenue, west 300 ft. (Ord. 2163 Sec. 1, 1980: Ord. 2091 Sec. 1, 1979: Ord. 1793 Sec.3, 1976: prior code Sec. 8- 30.08). Section 2. This Ordinance shall take effect five(5) days after passage and publication. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of August,2008. Joyce Olson Mayor ATTEST:. APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. is an ordinance amending section 10.48.020 "Markings Indicating Angle Parking" of the Pasco Municipal Code to prohibit parking on various streets. The full text of Ordinance No. , is available free of charge and will be mailed (electronically or via postal service) to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, PO Box 293,Pasco, WA 99301. Debbie Clark, City Clerk AGENDA REPORT NO. 26 FOR; City Council DATE: August 6, 2009 TO: Gary Crutchfie , City g'r Robert J. Alb s Director FROM: Michael McSh ity Engineer Workshop Mtg.: 08/24/09 Regular Mtg.: 09/08/09 SUBJECT: Parking Ordinance_Revision., L REFERENCE(S): 1.. Map 2, Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 08/24: Discussion 09/08: MOTION: I move to adopt Ordinance No. adding parking restrictions on certain streets, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Due to recently constructed areas around Pasco School District high schools a review and update of the parking ordinance was necessary. Staff reviewed these areas and is recommending additional restrictions. Also, some recommendations are for newly constructed streets. V. DISCUSSION: A) This ordinance amends Section 10.56 080 (Schedule III, Parking Prohibited at All Times on Certain Streets) of the Pasco Municipal Codes to add the following streets to the list of prohibited parking streets. No Parking on Both Sides: Argent Road—Road 84 to Road 76 Road 84—Argent Road to Chapel Hill Boulevard B) This ordinance amends Seclion 10.56.090 (Schedule IV—Parking Prohibited During Certain Hours on Certain Streets) of the Pasco Municipal Codes to revise the following street to the list of prohibited parking streets.: 10th Avenue(Henry to Mafie Court, west.side) 8(b) USfR�L�_._,_____._ � H 1ND%--' J �1�,ROAD 0 rn ow Q PAY I i a 9E CIVO ' _ Q � ' k- 1 ' _ I ' , f ; r R9 Qdou ; D A Lam_ r r d co r r r l r�JZK•]Ill�]C=�-�y[•]IRrl�� �P • • HillwalLe law • rr, - 111MIC - • - • , r :lRellusio JTAC91ALWAYAM1*J►1rNJZgi•llil•lC- ORDINANCE NO. AN ORDINANCE prohibiting parking on various streets, and amending Section 10.56.080 of the Pasco Municipal Code. WHEREAS, the Public Works Director has determined that it is necessary for public safety to prohibit parking on certain streets;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. Section 10.56.080 of the Pasco Municipal Code is amended to add the following underlined language and read as follows: 10.56.080 SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS. In accordance with Section 10.56.030, and when signs are erected giving notice thereof, no person shall at any time park a vehicle upon any of the following described streets or parts of streets: "A" Street- both sides of street from Elm Avenue to SR-12; "A" Street-both sides of street from Ninth Avenue to Eleventh Avenue; "A" Street-from Main Avenue to Beech Avenue; "A" Street- 300 feet west of 4th Avenue to three hundred feet east of 4th Avenue; "A" Street - both sides from 20th Avenue to a point two hundred fifty feet west of 20th Avenue; "A" Street—both sides, corner of"A" Street and 28th Avenue; Agate Street - between Fourth and Fifth Avenues; Ainsworth Avenue-north side from Railroad Avenue to Oregon Avenue; Ainsworth Avenue- south side from 10th Avenue to Fourth Avenue; Argent Road—20th Avenue to Road 44; Argent Road—Road 84 to Road 76; Autoplex Way—from Court Street south to 160 feet north of Marie Street; Bonneville Street - the south side of Bonneville Street from a point 150 feet east of the east curb line of 10th Avenue to the east curb line of 10th Avenue; Billings Street -from Lewis Street to"A" Street Broadmoor Boulevard—FCID canal to Nottingham Drive; Brown Street- north side from Road 28 to Road 26; Brown Street- south side from Road 28 to a point 130 feet to the east; Burden Boulevard—Road 76 to Road 36; Chapel Hill Boulevard—Road 68 to Saratoga Lane; Chapel Hill Boulevard —Broadmoor Boulevard to Road 84; Chapel Hill Boulevard-from Cresent Road to Broadmoor Boulevard; Clark Street-both sides of street from Ninth Avenue to Eleventh Avenue; Clemente Lane—Burden Boulevard to Wrigley Drive; Commercial Avenue—both sides from Hillsboro Avenue south I mile; Court Street- from Fourth Avenue west to SR-395; Court Street—east of Fourth Avenue; Court Street- from Road 68 to Road 84; Court Street—Rd. 100 to 1-182 Hwy overpass; Court Street— 1,000 feet south of Harris Road; E. Broadway Street—(north side) Wehe Street to Franklin Street; First Avenue—Court Street to Sylvester Street; Fourth Avenue—(east side) 50 feet north of Columbia Street; Fourth Avenue— 100 feet south of Columbia Street; Fourth Avenue - east side from Shoshone Street to Court Street; and on the west side from Shoshone Street to 125 feet north of vacated Park Street and from.115 feet north of Octave Street to Court Street; Fourth Avenue - east side from Sylvester Street north 140 feet; and on the west side from Sylvester Street north 200 feet; Fifth Avenue (west side) Park to Octave; Fifth Avenue—(east side)north of Court Street; Fifth Avenue- (east side)Nixon Street to Park Street; North Fourth Avenue - between Court and Ruby Streets; Heritage Boulevard- both sides from US-12 to "A" Street; Hillsboro Street and Commercial Avenue - both sides of Hillsboro Street from a point 100 feet east of the center line of Commercial Avenue to SR 395, and on both sides of Commercial Avenue from a point 100 feet south of the center line of Hillsboro to Hillsboro; Jay Street - north side from the east curb line of Road 22 to a point 50 feet west of the east curb line of Road 22; Lewis Street- from First Avenue to 70 feet east; Lewis Street -ninth Avenue to Eleventh Avenue; Lewis Street - north side of Lewis Street from the east curb line of"`3eventh Avenue to a point 135 feet east; Lewis Street - South side of Lewis Street, from 150 feet east of the center line of First Street running easterly a distance of 165 feet; Lewis Street(east) -both sides from Wehe Avenue east to Cedar Avenue; Lewis Street (east) -both sides from Oregon Avenue east to Wehe Avenue; Lewis Street—from Cedar Ave. to Billings Street; Madison Avenue- both sides from Burden Boulevard to Road 44� Ninth Avenue—Washington Street to Ainsworth Street; Octave Street - the south side of Octave Street from 1 point 280 feet east of the east curb line of Road 34 to a point 420 feet east of the east curb line of Road 34; Oregon Avenue between"A" Street and Ainsworth Avenue; Oregon Avenue—(west side) 350 feet north of Bonneville Street; Oregon Avenue—Hagerman Street to James Street; Road 22 - east side from the north curb line of Jay Street to a point 50 feet south of the north curb line of Jay Street; Road 26—from Court Street to Brown Street Road 28—west side from Sylvester Street to Brown Street; Road 28—east side from Sylvester Street to Brown Street except for 315 feet starting from a-point 360 feet north of the intersection of Sylvester Street and Road 28; Road 34- both sides of the street from Henry Street to Court Street; Road 36 - both sides of the street from its intersection with Argent Place to a point 1,200 feet north of Argent Place; Road 36—Burden Boulevard.to 200 feet south of Meadow Beauty Drive; Road 44 - east side from Meadow View Street to Argent Place; Road 44-west side from Desert Street to Argent Place; Road 44—west side from Desert Street to Burden Boulevard; Road 44—Burden Boulevard to Sandifur Boulevard; Road 52—Burden Boulevard to Sandifur Boulevard; Road 60—Burden Boulevard to Sandifur Boulevard; Road 68 Place—Burden Boulevard to Sandifur Boulevard; Road 68--FCID canal north to City Limits; Road 68—1-182 to Sandifur Boulevard; Road 76-east side from Sandifur Parkway to a point 620 feet south of Wrigley Drive; Road 76 - (west side) Wrigley Drive to Burden Boulevard; Road 76 -west side from Sandifur Parkway to Wrigley Drive; Road 80 - from Court Street south; Road 84 -from Sunset Lane south; Road 84—Argent Road to Chapel Hill Boulevard; Road 100—Court Street to FCID canal; Rodeo Drive--Road 68 to Convention Place; Ruby Street-between Fourth and Fifth Avenues; Sandifur Boulevard—Broadmoor Boulevard to Robert Wayne Drive; Sandifur Boulevard—(north side) Robert Wayne Drive to Road 60; Sandifur Boulevard—from Road 60 to Road 62; Sandifur Parkway - from Road 60 to Road 44; Seventeenth Avenue- (west side) "A" Street to Washington Street Shoshone Street- 22nd Avenue to 23rd Avenue; Sun Willows Boulevard - both sides of street from its intersection with 20th Avenue to its eastern terminus; Sylvester Street—(south side) 20th Avenue to 28th Avenue; Sylvester Street—(north side) one hundred feet east of 26th Avenue to 28th Avenue; Sylvester Street-From the east line of 20th Avenue to a point 290 feet east thereof; Tenth Avenue -both sides of street from"A" Street to `B" Street; Tenth Avenue - from 'B" Street to and including the Inter-City Bridge; Tenth Avenue -both sides of street from Lewis Street to Clark Street; Third Avenue—(east side)fifty feet south of Columbia Street; Third Avenue - (east side)fifty feet north of Columbia Street; Third Avenue— (west side)thirty feet north of Sylvester Street; Third Avenue - On the west side from a point five hundred seventy-five feet north of Margaret Street to a point six hundred fifty feet north of Margaret Street; Twentieth Avenue — From Lewis Street to Argent Road except on the east side of 20th Avenue only from a point one hundred seventy feet south of Hopkins Street to Lewis Street. Twenty Eight Avenue—(west side) Lewis Street to Sylvester Street; Washington Street—9th Avenue to 10th Avenue; Wrigley Drive--Road 76 to Clemente Lane; Road 26 - Both sides of Road 26, from a point 120 feet south of the south curb line of Court Street on the east side and 245 feet south of Court Street on the west side, to 250 feet north of the north curbline of Court Street. (Ord. 3774, 2006; Ord. 3750 Sec. 1, 2005; Ord. 3694 Sec 1, 2004; Ord. 3668 Sec 1, 2004; Ord. 3619 Sec 1, 2003; Ord. 3549 Sec. 1, 2002; Ord. 3176 Sec. 1, 1996; Ord. 2969, Sec. 1, 1993; Ord. 2964, Sec. 1, 1993; Ord. 2930 Sec. 1, 1993; Ord. 2918 Sec. 1, 1993; Ord. 2898 Sec. 1, 1992; Ord. 2895 Sec. 1, 1992; Ord. 2888 Sec. 1, 1992; Ord. 2832 Sec. 1, 1991; Ord. 2812 Sec. 1, 1991; Ord. 2748 Sec. 1, 1989; Ord. 2747 Sec. 1, 1989; Ord. 2732 Sec. 1, 1989; Ord. 2720 Sec. 1, 1989; Ord. 2698 Sec. 1, 1988; Ord. 2657 Sec. 1, 1987; Ord. 2656 Sec. 1, 1987; Ord. 2655 Sec. 1, 1987; Ord. 2654 Sec. 1, 1987; Ord. 2645 Sec. 1, 1987; Ord. 2615 Sec. 1, 1986; Ord. 2614 Sec. 1, 1986; Ord. 2571 Sec. 1, 1985; Ord. 2534 Sec. 1, 1985; Ord. 2496 Sec. 1, 1984; Ord. 2433 Sec. 1, 1983; Ord. 2407 Sec. 1, 1982; Ord. 2403 Sec. 1, 1982; Ord. 2354 Sec. 1, 1982; Ord. 2207 Sec. 1, 1980; Ord. 2197 Sec. 1, 1980; Ord. 2131 Sec. 1, 1980; Ord. 2108 Sec. 1, 1979; Ord. 2058 Sec. 1, 1979; Ord. 1999 Sec. 4, 1978; Ord. .1943 Sec. 1, 1978; Ord. 1939 Sec. 1, 1978; Ord. 1808 Sec. 1, 1976; prior code Sec. 8-42.12.) Section 2. Section 10.56.090 of the Pasco Municipal Code is amended to revise the following language and read as follows: 10.56.090 SCHEDULE IV - PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS. In accordance with Section 10.56.040, and when signs are erected giving notice thereof, no persons shall park a vehicle on the days or between the hours specified herein on any street within the district or upon any of the streets or parts of streets as follows: DISTRICT PROHIBITED 3rd (Clark south to alley, west side) All times (except Sundays and public holidays) Court Street (south side) l 0th Avenue All times (except Sundays to 14th Avenue and public holidays) 10th Avenue (Henry to Mar-ie Court, west side) 8 a.m. - 5 p.m. school days 18th Avenue from Park to Henry 8 a.m. - 5 p.m., (except Sundays and public holidays) 10'1' Avenue (east side for a distance of All times (except Sundays 125 feet south of the south curb line of and public holidays) Brown Street East Lewis Place (both sides) from 6 a.m. - 6 p.m. Saturdays its east terminus west 2,842 feet and Sundays (Ord. 3791, 2006; Ord. 3774, 2006; Ord. 2640 Sec. 1, 1987; Ord. 2138 Sec. 1, 1980; Ord. 1793 Sec. 4, 1976;prior code Sec. 8-42.16.) Section 3. This Ordinance shall take effect five {5} days after passage and publication. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this _day of September, 2009. Joyce Olson Mayor ATTEST, APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. is an ordinance amending section 10.56.080 "Schedule III — Parking prohibited at all times on certain streets" and 10.56.090 "Schedule IV — Parking prohibited During Certain Hours on Certain Streets) of the Pasco Municipal Code to prohibit parking on various streets. The full text of Ordinance No. is available free of charge and will be mailed (electronically or via postal service)to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402,PO Box 293, Pasco, WA 99301. Debbie Clark, City Clerk AGENDA REPORT NO. 26 FOR; City Council August 19, 2009 TO: Gary Crutchfie C' anager Workshop Meeting: 08/24/09 Robert J. Albert , lurks Director Regular Meeting: 09/08/09 FROM: Doyle L Heath, Utility Engineer SUBJECT: Stormwater Ordinance L REFERENCE(S): I, Ordinance II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. amending Chapter 13.60 "Stormwater Management Utility." III. FISCAL IMPACT: None W. HISTORY AND FACTS BRIEF: A) The State Department of Ecology created the Eastern Washington Phase 1I Municipal Stormwater Permit (Permit) that became effective on February 16, 2007. This Permit created regulations for cities in "urbanized areas." The City of Pasco, the City of Kennewick, the City of Richland, and the City of West Richland were identified by the Environmental Protection Agency (EPA) as being an "urbanized area." The City of Pasco was impacted by the Permit. B) A presentation was made to the Council at the July 23, 2009 Workshop Meeting. The presentation showed the requirements of the, Permit and what needed to be included in the Municipal Code. V. DISCUSSION: A) The Eastern Washington Phase 11 Municipal Stormwater Permit includes a number of requirements for the City. The requirement of the Permit that is being addressed at this time is to prohibit non-stormwater discharges to the stormwater system. The Permit states that the requirements are to be approved by an ordinance. Some of the requirements are already a part of the Municipal Code. The attached Ordinance addresses the requirements of the Permit that do not already exist in the Municipal Code. The changes: a. Add a definition for "Illicit Discharge" in Section 13.60.030, as any discharge not composed entirely of storm water. b. Add Section 13.60.140 Prohibited Discharges. Illicit' discharges are not allowed into private storm drain systems. c. Add Section 13.60.150 to authorize certain non-stormwater discharges to the public system: A) Discharges are allowed from water line flushing, fire hydrant flushing, pipe breaks, and pipeline hydrostatic test water when chlorine and pH are adjusted. B) Discharges from lawn watering and dust control are permitted but proper sprinkler pattern is required. C) Wash water for cleaning streets, sidewalks and buildings is an authorized discharge, if it is not really dirty and uses biodegradable detergent. D) At construction sites with curb and gutter, catch basins shall have approved screening protection and subdivision developers are required to enter into an agreement with the City Engineer. d. Add Section 13.60.160 Permitted Discharges. Discharges, other than non-stormwater discharges as permitted by this Chapter, require a special permit issued by the City Engineer or the State. 8(c) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Chapter 13.60 "Stormwater Management Utility." WHEREAS, the State of Washington Department of Ecology has created the "Eastern Washington Phase II Municipal Stormwater Permit" which became effective on February 16, 2007; and WHEREAS, this permit includes a number of requirements for the City prohibiting non- stormwater discharges to the stormwater system which are necessary for compliance with the permit; and WHEREAS, to implement compliance with the permit regulations, changes are necessary to Chapter 13.60 of the Pasco Municipal Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 13.60.030 entitled "Definitions" of the Pasco Municipal Code shall be and hereby is amended and shall read as follow: 13.60.030 DEFINITIONS. For the purpose of this title, certain terms or words herein shall be interpreted or defined as follows: Except where specifically defined in this chapter all words in this title shall carry the customary meanings. Words used in the present tense include the future and the future includes the present and the plural includes the singular and the singular includes the plural, A) "Apartments" means any parcel that contains six or more residential units and is used primarily for residential purposes. B) "Developed parcel" means any parcel altered from the natural state by the construction, creation, or addition of impervious surfaces. C) "Director" means the Director of the Department of Public Works or the Director's designee. D) "Drainage facility" means the system of collecting, conveying, and storing surface and storm water runoff Drainage facilities shall include, but not be limited to all surface and storm water conveyance and containment facilities including streams, pipelines, channels, ditches, swamps, lakes, wetlands, closed depressions, infiltration facilities, retention/detention facilities, erosion/sedimentation control facilities, and other drainage structures and appurtenances, both natural and constructed. "Illicit Discharge" means any discharge to the storms stem that is not composed entirely of storm water, discharge resulting from emergency fire fighting, or other discharges specifically authorized by this Chapter. 1✓F) "Impervious surface" means a hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased area of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roofs, walkways, patios, driveways, parking lots, storage areas, areas which are paved, graveled or made of packed or oiled earthen materials, or other surfaces which similarly impede the natural infiltration of surface and storm water. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purpose of this chapter. FG) "Industrial/Commercial property" means any parcel used by a.person not defined as apartment, residence or undeveloped parcel. F1 "Maintenance" means the act or process of cleaning, repairing or preserving a system, unit, facility, structure, or piece of equipment. 14I) "Multi-family Residential" means any parcel which contains from one to five residential units which is within a single structure and is used primarily for residential purposes. IJ) "Parcel" means the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which is documented for property tax purposes and given a tax lot number by the Franklin County Assessor. JK) "Person" means. any individual, firm, company, association, corporation, or governmental agency. ILL) "Property owner of record" means a person or persons shown in the records of the County Assessor to be the owner of property and to whom property tax statements are directed. LM) "Rate category" means the classification in this chapter given to a parcel in the service area based upon the type of land use on the parcel and/or the surface area (in acres) of the parcel for lands with stormwater that enters the public right-of-way. 1 1N) "Rates" means the dollar amount charged per unit or per parcel in the "General Classification" of section 13.60.070 based upon the accommodation of stormwater runoff and other surface water management services due to vehicle usage in the public right-of-way associated with the land use activity. Private parcels, excluding single family residence, with impervious surfaces exceeding 1000 square feet which drain to the City street or right-of-way shall be charged an additional monthly fee not to be less than .50% of the Single-Family Residential (SFR) unit as set forth in 13.60.070. NQ) "Retention/detention facility" means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration and/or infiltration into the ground; or to hold runoff for a short period of time and then release it to the surface and storm water management system. Ordinance Amending Chapter 13.60 Page 2 QP) "Service .changes" means charges to property owners for storm and surface water .management services. PQ) "Single Family Residence" means a building or structure or portion thereof, designed for and used to provide a place of abode for human beings. The term residence includes the term "residential" or "residential unit" as referring to the type of or intended use of a building or structure. QR) "State highway right-of-way" means the right-of-way of a state limited access highway. The term does not include City streets forming a part of the route of state highways that are not limited access highways or state property under the jurisdiction of the Washington State Department of Transportation (WSDOT) that are outside the right-of-way lines of a state highway. RS) "Stormwater" means the water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes, and wetlands as well as shallow groundwater. ST) "Stormwater management services" means the services provided by the stormwater management utility, including but not limited to basin planning, facilities maintenance, street sweeping, regulation, financial administration, public involvement, drainage investigation and enforcement, aquatic resource restoration, surface and storm water quality and environmental monitoring, natural surface water drainage system planning, intergovernmental relations, and facility design and construction. TU) "Stormwater management system" means constructed drainage facilities and any natural surface water drainage features which collect, store, control, treat and/or convey surface and storm water including pipes, pump stations, and street gutters. t;3V) "Undeveloped parcel" means any parcel that has not been altered from its natural state by the construction, creation, or addition of impervious surface(s). VW) "Utility" means the Stormwater Management Utility created under the provisions of this chapter. WX) "Vacant building" means any unoccupied building or structure or portion thereof, designed for and intended to be used by a person. (Ord. 3386 Sec. 1, 1999.) Section 2. That a new Section 13.60.140 entitled "Prohibited Discharges" of the Pasch Municipal Code shall be and hereby is adopted and shall read as follows: 13.60.140 PROHIBITED DISCHARGES. Illicit discharges, as defined by the Washington State Department of Ecology, are not allowed into private storm drain systems. Section 3. That a new Section 13.60.150 entitled "Authorized Discharges" of the 'Pasco Municipal Code shall be and hereby is adopted and shall read as follows: Ordinance Amending Chapter 13.60 Page 3 13.60.15_0. AUTHORIZED DISCHARGES. Discharges to the public stormwater system from the following sources shall be authorized provided each complies with the respective conditions attached thereto: A Dischar es from water pipe sources including water line flushing, fire hydrant system flushin i e breaks and i eline hydrostatic test water. Planned discharges shall be controlled to prevent contaminates from entering the stormwater system and discharging to the Columbia River. Chlorine levels shall be reduced to 0.1 ppm or less and pH adjusted. B Discharges from lawn irrigation or dust control water, provided the sprinkler pattern is fixed within the boundaries of the irrigated property. C Water used to wash down streets sidewalks and buildings, provided the wash, water is low in suspended solids and any detergent used is biodegradable. D) At active construction sites with curb and Mtter, an approved screenin protection system shall be installed in catch basins and street sweeping must be performed prior to washing the street. Damage to street ditches or grass swales shall not be allowed. The developer of subdivisions with constructed curbs and gutters shall be responsible for the protection and maintenance of the stormwater system for five years or until all the lots are built on whichever comes first. The protection measures and maintenance program shall be a roved by the City Engineer in the form of a written agreement with the developer. Section 4. That a new Section 13.60.160 entitled "Permitted Discharges" of the Pasco Municipal Code shall be and hereby is adopted and shall read as follows: 13.60.160 PERMITTED DISCHARGES. Discharges, other than non-stormwater discharges as permitted by this Chapter shall require prior approval through a special discharge permit issued by the City Engineer or the State, conditioned upon compliance with the requirements adopted by the City, regulations of the State of Washington, and such other conditions as may be reasonably necessary for the protection of the system, environment, and the health and welfare of the general public. Section 5. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of --' 2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Ordinance Amending Chapter 13.60 Page 4 AGENDA REPORT FOR: City Council Date: August 28, 2009 TO: Gary Crutchfield, eager Rick White, C,J Regular Mtg.: 09/08/09 Community& Ec nomic Development Director FROM: Angela R. Pitman, Block Grant Administrator SUBJECT: 2010 Community Development Block Grant CDBG Allocations and Annual Work Plan (MF#CDBG09-004) I. REFERENCE(S): .1. 2010 CDBG Fund Summary and Proposal Summary '2. Planning Commission Minutes June 18, 2009 and July 16, 2009 3. Resolution Approving 2010 Allocations and Annual Work Plan 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 09/08/09: MOTION: I move to approve Resolution No. , approving the City's 2010 CDBG Allocations and Annual Work Plan. 111. FISCAL IMPACT It is estimated that the 2010 annual entitlement grant will be $600,000 with no program income. Funds available for reallocation are$65,000,making a total of$665,000 in funds available for use in 2010. There is always some question regarding actual funding levels approved by Congress. Actual available funding for these FY 2010 activities will remain in question until the early part of 2010 when the allocation is made. If funding levels are lower than estimated, activity funding may need to be reallocated accordingly. IV. HISTORY AND FACTS BRIEFr A. A Request for Proposals for 2010 CDBG Program Year Funds was published in the Tri- City Herald and La Voz Hispanic newspapers. Attached are the CDBG Fund and Proposal Summaries relating to the 2010 Program. Sixteen (16) requests were received totaling $1,392,000. Approximately $665,000 will be available for funding 2010 activities. 'B. HUD regulations state that the amount of CDBG Funds obligated within a program year to, support public service activities may not exceed 15% of the total entitlement. C. The Planning Commission held a Public Hearing on June 18, 2009, and discussion on July 16, 2009. The public hearing, which was advertised in the Tri-City Herald and La Voz, solicited public comment either for or against any application for funding, or reallocation for the City of Pasco 2010 Community Development Block Grant(CDBG) Program. At the public hearing sixteen (16) presentations were made relating to proposed activities. Discussion at the July 16, 2009 meeting resulted in an amended work plan. Minutes of both meetings are attached. D. City Council considered this item at the August 24`h, 2009 Council Workshop and concurred to move forward with a resolution that reflects the original staff recommended funding allocations. V. DISCUSSION A. Staff presented recommendations for funding at the July 16, 2009 Pasco Planning Commission meeting. The Planning Commission recommended approval of staff funding recommendations with three changes: 9 Brush With Kindness (8 Households)—Roctuested. $24,000 Staff Recommended: $0 PC Recommended: $24,000, This application will be used to provide staff coordination and materials for minor exterior household repair and painting for 8 low/very low income 8(d) families' homes in the Museum and Longfellow neighborhoods (Census Tract 202). Staff has not recommended funding for this application because there is another source of funds for residential repair in the HOME program; this is basically a cosmetic application that does not address code or structural deficiencies ; and as a new activity,there is uncertainty about the number of homes that would be served. 14 Lucas Park Playground Equipment.–Requested: $60,000 Staff Recommended: $60,000 PC Recommended: $0 This application will use CDBG funds to replace playground equipment in Lucas Park which is outdated. This project will serve the local neighborhood that is composed primarily of low-moderate income families. Staff recommended funding for this application because it will replace non- compliant play equipment/ground mats—reducing liability exposure; monies in the general fund will need to be used for this application if CDBG funds are not; and the City can quickly use these funds—helping timeliness mandates and reducing administrative costs. 16, Kurtzman Park Neighborhood Improvements-Phase II(CT201BG4)- Requested:_$300,000 "staff Recommended $139,500 PC Recommended: $175,500 This application will use CDBG funds to provide curb, gutter, sidewalk and roadway improvements in the low-income neighborhood near Kurtzman Park (Census Tract 201). Staff recommends that the original amount of$139,500 be restored to this project. The city has previously committed approximately$298,000 to this project from prior year's allocations. Restoring the original staff recommended amount will enable the city to proceed with the Kurtzman Neighborhood improvements as identified in the Kurtzman Neighborhood Action Plan,and accommodate the Lucas Park playground equipment replacement. Improvements to this neighborhood is also an adopted Council goal for 2008– 2009. 12010 CDBG Fund Summary -July 16, 2009 Page 1 Planning Commission Meeting Proposals-Recommendations fp, Recipients ACTIVITY/AGENCY NonCDHGMatch Agency 'Staff PC NAME Requested Recommend Recommend City of Pasco-Community CDBG Program $0.00 $120000,00 $12.0,00,0.00 $120;000.00 1 &Economic Development Administration City of Pasco- Administrative& Civic Center-Youth $4:5,500.00 $37,500.00 $30100.00 $30,000.00 2 Community Services Recreation Specialist City of Pasco- Martin Luther King Administrative& Community Center $100,500.00 $37;500.00 $30,000.00 $30;000.00 3 Community Services Recreation Specialist City of Pasco- Administrative& Senior Citizen's Center $200,000.00 $37,500.00 $20,000.00 $20,000.00 4 Community Services Recreation Specialist Pasco Downtown Pasco Downtown Development Association- Development Commercial $40,420.00 $65,000.00 $50,000.00 $50,000,00 5 SK Kitchen Pasco Downtown .Development Association- Downtown Facade $20,000.00 $80X0,60 $0,00. $0,00 6 PDDA Improvement(4 facades) Benton Franklin CAC- Energy Efficient Home $20,000.60 $20,000:00 $0,00 $0.00 7 Home Energy Program(10 households) City of Pasco-Community CHIP Minor Rehab $20,000,.00 $20,0001.00 ,8 &Economic Development Program(4 households) Tri-County Partners, Brush With Kindness(8 $24,040.00 $24,000.00 $4:00 $2.4,0001)0 9 )labitat for Humanity Households) Continuing to Step Up(2 $30,00.0.00 $1$2,000.00 $1501000,00 $150,•000.00 10 Elijah Family Homes Households) $7.2,000.00 $288,000.00 "$0.00. $0.00. 11 Jericho Roads Ministries Havensafe(8 Households) Boys&Girls Club of Benton &Franklin Boys&Girls Center $13,300.00 $17,500.00 $17,506.00 $'17,500,00 Counties Tween Center Design Boys&Giris Club of Boys&GirIs Club External Benton &Franklin lighting&security system $17,463.00 $55,000-00 $0,00 $0.00 13 Counties camera and monitor :City of Pasco- Administrative& Lucas Park Playground si,.00 $0,000;00 $60,000,00 $O.DO 1A Community Services Equipment City of Pasco-Inspection $17,025,00 $48,000.00 $48,000.00 $48,000.00 1'5 Services Code Enforcement Officer etg or o0 City of Pasco-Public Improvements-Phase II $0.00 '$300,000.00 $139,500.00 $175,500.00 16 Works (CT201 BG4) $616,208.00 $1,392;000.00 $665;000.00 $665,000.00 Entitlement(Estimated) $ 600,000 Program Income(Estimated) $ - Prior Year Reallocations $ 65,000 Total Funds Available $ 665,000 Proposals Recommended. $ 665,000 SURPLUS/DEFICIT $ - CITY OF PASCO 2010 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL SUMMARY—JULY lb, 2009 `1 CDBG Program Administration--.Requested: $120,000 Recommended: $120,000 CDBG funds will be used to plan, administer and deliver housing and community needs, ensure compliance with local, state and federal rules, regulations and laws, and provide for the successful delivery of programs that primarily benefit low to moderate income people. Requesting full 20% cap due to number of projects ongoing this program year. 2 Civic Center-Youth Recreation Specialist Re guested: $37,500 Recommended: $30,000 CDBG funds will be used to provide a portion of the salary and benefits for recreation specialist at the Youth Civic Center. This facility's program is to provide recreation programs for youth at risk and families in low-to-moderate income Census Tract (202). Consistent with funding in 2008, reduction is recommeded to meet public service cap of no greater than 15% current entitlement plus prior year program income. 3 Martin Luther King Community Center Recreation Specialist—Re nested: $37,500 Recommended: $30,000 CDBG funds will be used to provide a portion of the salary and benefits for recreation specialist at the Martin Luther King. This facility's program is coordinated with the YMCA, Salvation Army and Campfire USA,who all collaborate to provide education and physical activities to at risk school age , youth, and families in Census Tract (201). Consistent with funding in 2008, reduction is recommeded to meet public service cap of no greater than 15% current entitlement plus prior year program income. 4 Senior Citizen's Center Recreation Specialist—Requested: $37,500 Recommended: $20,000 CDBG funds will be used to provide a portion of the salary and benefits for recreation specialist to oversee and operate program at Pasco's senior center. This facility's program provides supervision and leadership necessary for programs serving the elderly of Pasco with support services, nutrition, health and living skills support. Consistent with funding in 2008, reduction is recommeded to meet public service cap of no greater than 15% current entitlement plus prior year program income. i CITY OF PASCO 2010 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL SUMMARY—JULY 16, 2009 5 Pasco Downtown Development Commercial Kitchen—Requested: _$65,000 Recommended: $50,000 CDBG funds will be used to continue operations of the Pasco Specialty Kitchen, a certified commercial incubator kitchen. By providing technical support to small food-related businesses the Pasco Specialty Kitchen improves their success rate by helping them to establish and achieve their goals. In consideration for technical assistance, the startup businesses agree to make jobs created available to low-to-moderate income persons in Pasco (Census Tract 202). Reduction consistent with prior year funding levels. 6 Downtown Facade Improvement (4 facades)— Requested: $80,000 Recommended: $0 CDBG funds will be used to support business to continue downtown facade improvements, for new projects are anticipated for 2009 (Census Tract 202). Project not recommend for funding until prior year program funding is expended. Currently funded at $160,000 eight facades in 2008 and 2009. fi Ener Efficient Home Program 10 households —Requested: $20,000 Recommended: $0 CDBG funds will be used to provide 10 low-income households with improvements to their property at an affordable cost, including health/safety codes and energy effiency standards improvements (City-wide). This project is well funded for this program year, recommend funding be utilized for underfunded projects. CHIP Minor Rehab Program (4 households)—Requested: $20,000 Recommended: $0 CDBG funds will be used to provide 4 low-income households with improvements to their property at an affordable cost, including health/safety codes and energy eff ency standards improvements (Census Tract 202). This project is also funded through HOME, recommend funding be utilized for underfunded projects. 9 Brush With Kindness 8 Households —Requested: $24,000 Recommended: $0 CDBG funds will be used to provide staff coordination and materials for minor- exterior household repair projects or 8 low/very low income families in the Museum and Lon fellow neighborhoods Census Tract 202). CITY OF PASCO 2010 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL SUMMARY—JULY 16, 2009 Recommend funding be utilized for underfunded projects. Should other funding become available this project should considered. It is uncertain how many projects will be able to be completed since this is a new activity. Funds are for site specific project delive1y costs and for physical improvements. They are not eligible for public service or administrative activities. 10 Continuing to Step Up—Requested: $182,000 Recommended: $150,000 CDBG funds will be used acquisition/rehabilitiation of a three-bedroom duplex in Pasco for the purpose of providing affordable housing for 2 low/very low income families with small children who are otherwise unable to attain suitable housing. Recommend this project for acquisition and rehabilitation with other funds to provide affordable housing to those below 30% AMI. 11 Havensafe Domestic Violence—Requested: $288,000 Recommended: $0 CDBG funds will be used for acquisition/rehabilitation for suitable housing to provide 15 additional bed spaces for persons experiencing domestic violence in Pasco. Insufficient funds to fund fully, therefore, not recommended at this time. Recommend applicant move forward with planning and reapply when funding is available. 12 Design for Tween Center—Requested: $17,500 Recommended: $17,500 CDBG funds will be used to engage architect for facility expansion project for Tween's Center. Middle school students are underserved by current youth services programs. These youth are most usceptible to negative influences from peers. A new 2,500-3,000 square foot facility would provide them a "place of their own". Currently there are 49 members who will be ineligible to attend the Main Branch in 2009-2010. On average 40 youth "age-out" of the Main Branch facility annually. In 2008-2009 only 3 transitioned to Boys & Girls Club programs at the Teen Center where the participants are much older. With Construction of a new Tween Center, it is anticipated 80% of participants from the Main Branch program would be retained. Over three years it is estimated that the population would grow to 80 youth per day. By having a separate facility where more age-appropriate activities can take place and staff who are able to focus on the special needs of an adolescent population transitioning into their teen years, the youth in the community who need the most help will be more CITY OF PASCO 2010 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL SUMMARY—JULY 16,2009 effectively served. 13 External lighting, security system camera and monitor—Requested: $55,000 Recommended: $0 CDBG funds will be used for design and technology for security enhancements in advance of of facility expansion. Exterior lighting to illuminate the front and west facing side of the bulding to ensure safe circumstances for youth and parents traveling to and from the Club an on the North and East sides where no light is currently present. Although necessary and desired for improved safety of those participating in programs at the facility. This project is not recommended for funding at this time. Recommend applicant move forward with project planning and reapply when funding becomes available. 14 Lucas Park PlaylZround Equipment—Requested: $60,000 Recommended: $60,000 CDBG funds will be used to replace playground equipment in Lucas Park which is outdated. This project will serve the local neighborhood that is low-moderate income families. Recommended replacement of non-compliant play equipment and safety mat for liability reasons. In addition physical improvement projects are a high priority and may be performed quickly to assist the city in meeting timeliness goals. 15 Code Enforcement Officer—Requested: $48,0.00_ Recommended: $48,000 CDBG funds will be used to provide for a code enforcement officer to help improve neighborhood appearance and for compliance with rules and regulations dealing with homeowner needs in primarily low to moderate income neighborhoods (Census Tracts 201, 202, 203 and 204). 16 Kurtzman Park Neighborhood Improvements - Phase 11 (CT201BG4)— Requested: $300,000 Recommended: $139,500 CDBG funds will be used to provide curb,gutter, sidewalk and roadway improvements in low-income neighborhood (Census Tract 201) REGULAR MEETING June 18, 2009 PLANNING COMMISSION MEETING B. CDBG 2010 Annual Action Plan (City Wide) (MF#CDBG 09-0041 Chairman Samuel read the master file number and asked for comments from staff. Staff explained that the hearing was the first of two required for the development of the 2010. Notice of the hearing was published in the Tri-city Herald and the La Voz newspapers. Staff reviewed additional background information and explained the legislative proposes for the CDBG program. It was estimated the city would receive $600,000 for the 2010 program year. With prior year reallocations there would be 665,000 available for 2010. The City received 16 proposals from various organizations for use of the 2010 funds. The proposals requested approximately 1.4 million in funding, about $720,000 less than available funding. Commissioner Little asked about the funding that reviewed earlier in the year, Staff explained that the earlier hearings were for additional funding that amended the 2008 program. The 2010 funding proposals were presented as follows: Item 1: Program Administration ($120,000) Angie Pitman, CDBG Coordinator, reported that this funding would offset the cost of administering the CDBG and pays the salary and benefits for the Block Grant Administrator and a portion of the salary and benefits for the Secretary. The remainder is used for other necessary expenses for administering the program. Item 2: Civic Center Recreation Specialist ($37,500) Item 3: Martin Luther King Community Center Recreation Specialist ($37,500) Item 4: Senior Citizen's Center Recreation Specialist ($37,500) Stan Strebel, Administrative and Community Services Director explained his department was again requesting partial funding for recreation specialists at three of the City recreation facilities. The programs offered at the facilities range from after school programs for at risk youth to health care and nutrition programs for the elderly. Chairman Samuel asked if the request was similar to last years. Mr. Strebel stated very much so. Ms. Pitman added that public services are limited to 15% of the total entitlement plus prior year program income. Usually, these public service activities are reduced proportionately to meet that 15% cap. Item 5: Pasco Downtown Development Commercial Kitchen ($65,000) Victoria Silvernail, Manager of the Pasco Specialty Kitchen presented a request for $65,000 to operate the Pasco Specialty Kitchen which provides services to 35 small businesses. Ms. Silvernail explained how the Kitchen works with Columbia Basin College and the Columbia Basin Business Center to assist clients in developing business plans. Chairman Samuel asked if the Kitchen was more reliant on the CDBG funds than it has been in the past. Ms. Silvernail explained they receive funding from the City, Pasco School District and user's fees. Chairman Samuel asked how many years the Kitchen had been receiving city funding. Ms. Silvernail stated, to her knowledge, since 2003. Commissioner Cruz asked what percent of the, total funding comes from the CDBG program. Ms. Silvernail explained the Kitchen requested $65,000. It receives $10,000 from the School District, generates approximately $40,000. Commissioner Cruz asked if this was better than in the past, is there a trend showing improvement. Ms. Silvernail stated yes, there is a very good improvement.. Item 6: Downtown Facade Improvement (4 facades) ($80,000) Gloria Garcia, Interim Director for PDDA, noted the PDDA is working with some downtown business owners to promote the facade program. The Association hopes to complete 8 fagade projects underway by November. Chairman Samuel asked what the matching funds were. Ms. Garcia, stated the loan is capped at $20,000. A deposit of $500 for good faith is received by the business. The split is 75% CDBG, and 25% owner, which is forgiven over 7 years. Chairman Samuel asked how many facades have been completed to date. Ms. Garcia answered two, Mi Hacienda and Mexi-Muebles. Item 7: Enera Efficient Home Program 8 households ($20,0001 David Odom, Benton-Franklin CAC, has been doing operating this program for many years. They are requesting $20,000 that will be matched with funds from the State energy "Matchmaker" program. They hope to complete 8 maybe 10 homes this year inside the city limits. The program is designed to protect the families, make homes energy efficient, and deal with mold. Vice Chairman Samuel asked if they planned on doing 10 houses this year. Mr. Odom stated 8 houses. Vice Chairman Samuel asked if it was,for 8 last year also and if there would be a problem meeting that amount. Mr. Odom responded that they actually ended up with a lot more energy assistance this year, for about 600 homes in Benton and Franklin Counties. Commissioner Cruz asked how many homes were done over the last S years. Mr. Odom stated 600 in Benton and Franklin County, at least 300 were here. Item 9: Habitat for Humanity Brush With Kindness ($24,000) Theresa Richardson, Executive Director for Habitat for Humanity presented the Brush With Kindness project. It is an opportunity to improve affordable housing and revitalize neighborhoods and an extension of what Habitat does nation- wide. The project would provide exterior home repair and painting along with minor landscaping, and serve elderly, disabled and low-income families who have challenges maintaining their homes. This project is seeking seed money to serve 8 households in Census Tract 202. Habitat for Humanity develops community engagement very well. This project hopes to engage kids in the neighborhood to give them some skills during the summer and pride in their neighborhood. Valspar Paints donates all the paint. Other community partners provide incentive gifts to the kids for coming out. They hope that this will be the last time to seek funding. The goal is to engage the corporate community to take this project on a larger scale. Projects are designed to be 1-3 days long as opposed to 3 months. Chairman Samuel asked if there was a minimum dollar amount where this project would not be able to move forward. Ms. Richardson, stated the request is for $24,000 for costs of materials and administration to get the project moving with 8 projects, but they would be happy with whatever they could get. They hope to partner with other City projects maximizing funding available for interior repairs, by providing the "icing on the cake". Chairman Samuel asked if half the money would only do half the projects. Ms. Richardson answered possibly. They are just launching this program so it could possibly work out that way. Item 10: Elijah Family Homes -- Continue to Step-up ($182,000) Barbara Puigh, President of Elijah Family Homes and CPA for LeMaster-Daniels present the proposal for Elijah Family Homes. Elijah Family Homes provides rental subsidies for special needs families. They are requesting $182,000 to purchase a 3-bedroom duplex to provide affordable housing for very low income families with barriers to obtaining housing assistance. Elijah Family Homes concentrates on families because positive families impact every part of the community. This impact shows in positive changes in the schools, Health District, Headstart, Police and the Courts. To qualify the family must have children under the age of 18, and income levels at or below 50% of the median income. Most have been lower, and they must have been turned by Public Housing. Families average 3 or more children. This will provide housing for families for a number of years. Chairman Samuel asked how many years have you been operating? Ms. Puigh answered since May of 2005, originally as a ministry of Christ the King. They became a 501(c)(3) in 2007. Chairman Samuel asked how many families have been helped in that time. Ms. Puigh answered 16 families, some have been with them two years or more, some have moved on in positive ways, some have not. The relapse rate for Meth is 70%, Elijah Family Homes has had a 70% success rate. Chairman Samuel asked if they had half the amount would they do half the project? Ms. Puigh answered that it would be hard to put a family out there by themselves if they've only been clean a year or so. Chairman Samuel asked if$90,000 would be problematic. Ms. Puigh answered that it would be, but our Board might say "yes". It is really important to own 4 units or more to qualify for Washington Families fund which gives case management for 10 years. Putting a roof over a head is not enough, they can't successfully move forward without it. Item 11: Jericho Road Ministries Havensafe (15 bed spaces for DV) ($288,000) Amy Schultz, Director of Jericho Road Ministries, which is a crisis ministry that helps people in need in the local Tri-Cities area and in the smaller surrounding communities. They have been working in partnership with City of Pasco DVRU and helping domestic violence victims. They are pursuing a way to establish a safehouse in West Pasco to increase 15 bed spaces in the community as a resource for families experiencing domestic violence. Kim Kelch, Domestic Violence Services Coordinator for Pasco Police Department, her primary function is to address domestic violence issues in our community. This partnership came together because of a need for victims of family violence in the community. The City has a need shown by Council goals developed to address this issue. As of last year, the first full calendar year of tracking calls, there were 1,137 calls received, 555 arrests, and 40.1 households where children were present at the time violence was happening. Chairman Samuel asked if this was in Pasco. Ms. Kelch replied this was just within the city limits of Pasco. This proposal is to provide an option within our community. The regional domestic violence shelter is not in Pasco and it places a hardship on victims in Pasco who must leave their community and support system. The issue being addressed is the "intimate partner" barrier. The language the current shelter operates under limits assistance "intimate partner" domestic violence. According to the Washington State laws, family violence includes teenaged children assaulting their parents, adult children assaulting their elderly parents, and roommates assaulting each other, e.g. 17-year old mother who is assaulted by her father and threatened with death. There were no resources available for her, law enforcement spent over two hours trying to facilitate a placement for her. Chairman Samuel asked where the shelter was located. Ms. Kelch replied that it was in a confidential location. She, as an advocate, is able to transport victims directly to the shelter, but law enforcement is not permitted to transport there. Staying in this community means that the victim maintains access to their transportation, schools, stores, etc. The idea is to provide temporary transitional housing, the ideal goal is for a weekend or few days stay until the locks can be changed and protection orders placed, so the victim and children can remain in their household. The partnership between the faith-based organization and the DVRU provides a winning combination for the care and safety of domestic violence victims. Chairman Samuel asked if they received half the money if they would be able to serve half population. Ms. Kelch stated that in this case the answer would be "no". They would have to continue to do fundraising to finish it because the facility must to be a certain size, and laid out a certain way to facilitate the programs needed and provide the space to ensure the safety of clientele housed. It would slow the progress down. Chairman Samuel asked if not getting funds would stop the program. Ms. Kelch answered, "No, it would significantly slow it down." Chairman Samuel asked if it were possible to show impact with a reduced allocation to $30,000 or $40,000. Ms. Kelch answered that it would be the first step toward identifying a property. Part of the reason of looking at a new structure is the opportunity to have security systems hardwired in. This is intended to be a partnership and resource within the community. Chairman Samuel asked if they received $30,000 if they could come back next year and show tangible what the funding was used for and its impact. Ms. Kelch answered, "Absolutely." Item 8: Community Housing Improvement Program - Minor Household Repair (10 homes) ($20,000) Mr. Angie Pitman, Block Grant Administrator, presented the request for $20,000 for minor household repair to fill a gap covered existing housing rehabilitation and repair projects. Stating that this would provide funding for projects that may be not be served by volunteer organizations and may require hiring a contractor to complete. Item 13: Boys 8s Girls Club - Exterior Lighting & Security System ($55,000) Mr. Ron McHenry, Boys 8, Girls Club Vice President of Finance, presented the proposal for safety enhancements at the facility. Currently there are two 60-watt light bulbs at the entrance and trees fronting the building that block out natural light. The walk from the parking lot to the building, especially in winter becomes treacherous. The side facing Edgar Brown Stadium has no lighting, so during the summer months there is a lot of graffiti because there isn't any way to see what is going on. This is a little bit of lighting on the south and north sides and don't get any graffiti there. This request is not for replacing fixtures that are broken and old, but the building was not built for lighting in these areas. In addition to this, they are requesting a security system be retrofitted to provide for improve communications. There have been SWAT teams with assault rifles drawn within eyesight in twice in the last year. Program staff carries "walkies" but in a cement building the message doesn't get through when you are trying to get 180 kids who are noisy into classrooms and away from windows. The requested funding would provide an integrated system that provides monitors in each room, it would be able to put the whole building in lock-down visually. Item 12: Boys & Girls Club - Tween Center Design ($17,500) Mr. Ron McHenry, Boys 8v Girls Club Vice President of Finance, presented the proposal for architectural design for a Tween Center. Currently, the facility serves kids preschool through 5th grade. They also have a Teen Center in the Navy Homes area that serves kids in grades 61h through 12th. Most parents will not allow their middle-school kids to go to the Teen Center. As a result there are good kids with nothing to do that end up being the cause for most of the graffiti. The plan is to design a 3,000 square foot outbuilding directly north of the gymnasium, out of the line of sight, and specifically designed for 6th through 8th graders. The current campus already has a gym and a kitchen and 80 more kids can be easily served at this location because they don't need to put in a lot of plumbing or a gym. The building would provide a learning space of their own with age appropriate activities. The security system requested above would provide a means to communicate between the two buildings. The design will be split into three areas to maintain light of sight requirements. Another feature they hope to add is a dental facility. A sister club in King County recently did this. We would be able to provide free dental exams to all the kids. Requesting the funding in phases allows the Club to go after additional grants and funding to defray the costs. The Boys & Girls Club will provide $15,000 to $20,000 to outfit the building in addition to increasing their operating costs by $60,000 to about $90,000 per year. He closed with an illustration of the impact the staff has had on one of the new kids at the facility. Commissioner Little asked if they considered partnering with CBC's dental program. Mr. McHenry responded they are working on that. Item 14: Administrative & Community Services -- Lucas Park Playground Renovation ($60,000) Mr. Stan Strebel presented a proposal for replacement of the last piece of noncompliant play equipment in a city park. Lucas Park is in a neighborhood of approximately 60% low to moderate income population. This request would allow them to replace the equipment and the fall-zone under the equipment and provide accessibility. Chairman Samuel asked if total funding were not provided what would happen. Mr. Strebel replied that they would wait another year or until funding were again available. Item 15: Code Enforcement Officer ($48,000) Mr. Rick White, Community & Economic Development Director reported that this request is to pay partial salary expenses for code enforcement officers operating in Census Tracts 201, 202, 203 and 204. The goal is to prevent property nuisances, community-wide blight and fire hazards in those areas as well as providing an educational component. Chairman Samuel asked if this was a change from last year. Mr. White replied that it is not. Item 16: Kurtzman Park Phase II ($300,000) Mr. Rick White presented the application for the engineering division for a bricks and mortar project in the Kurtzman neighborhood. It is the result of a planning process that began in 2007 and has progressed to the point where parameters are being outlined for a Local Improvement District in that area using funds that have been committed through various sources since year 2000. It will provide curb, gutter, sidewalks, streetlights and in some cases utility improvements in. the Kurtzman Park neighborhood area, Census Tract 201. Chairman Samuel asked that even with the growth of Pasco we continue to get around $600,000-$700,000. Is there any way to get more funding. Ms. Pitman replied that the allocation is determined by what is budgeted by Congress and the formula. Chairman Samuel opened the public hearing. Dave Cortinas, residing at 1807 W Yakima, owner and publisher of La Voz Hispanic newspaper located at 710 N 4th Avenue. When he saw the advertisement in his newspaper regarding allocation of the 2010 CDBG funds, he wanted to speak. In hearing the presentations he noted that there are many success stories. With success stories, come good administrators who operate those funds. He is asking that no more funds be given to the Pasco Downtown Development Association and discussed his reasoning why. He suggested the funding be given to an organization with administration to carry it out. He stated that he hoped in the future to be an applicant for the funding. Chairman Samuel asked if his position were that the PDDA is beyond repair? Mr. Cortinas responded that he served on the board for one year and felt that his time and efforts would be better spent elsewhere. He thought their heart is in the right place, but the administration, leadership, and knowledgeable business is not there. Mr. McHenry thanked the Planning Commission for their service to the community being here for five hours tonight. After three calls the public hearing was closed. Chairman Samuel asked if there were any further comments from staff. There being none. Commissioner Cruz requested a copy of the spreadsheet be, emailed to the commission for their recommendations. REGULAR MEETING July 16, 2009 PLANNING COMMISSION MEETING B. CDBG 2010 Annual Action Plan (City Wide) IMF# CDBG09-004 Chairman Samuel read the master file number and asked for comments from staff. Angela Pitman, Block Grant Administrator stated there were presentations from the applicants at the public hearing on July 16, 2009. The purpose for the CDBG program is to develop viable communities by expanding economic opportunities and providing a suitable living environment and decent housing within the city of Pasco. Eligible activities must meet one of the three national objectives which are to primarily benefit low to moderate income persons, aid in the preventions or elimination of slum and blight, or meet an urgent need, and must also comply with CDBG regulations at 24CFR570. There is an estimated $665,000 to be available from the 2010 entitlement and from reallocation of prior year activities. There are 16 proposals received totaling $1,392,000 which leaves a deficit of$727,000. Staff recommendations were provided and broke down by activity type. Administrative activity is limited to 20% of the entitlement plus 20% of the current year's program income. Public services activity is limited to 15% of the entitlement plus 15% of the prior year's program income. Economic development activities were also listed. HUD likes to see the funding leveraged not using 100% of CDBG funds for a project, but other funding being added to it as well. Chairman Samuel asked for comments from the Planning Commission. Commissioner Cruz stated by reviewing this and listening to testimony we need to look at the current state of the economy and the kind of people that are affected negatively by the economy and will benefit from these kinds of proposals. He is in favor of a significant reduction from the staff recommendation for CDBG Program Administration of$120,000 to $80,000. The city should take on more of the burden to fund this instead of using CDBG money to fund Administration. He also stated the Code Enforcement officer funding should be revisited and would prefer that the money be used for prevention versus the back-end solution with Code Enforcement. Commissioner Schouviller stated he agrees with Commissioner Cruz on the reduction of the CDBG Program Administration and Code Enforcement Officer, as well as the Continuing to Step Up, and Neighborhood Improvements -Phase Il. He is wondering why there is no funding being approved for the Benton Franklin CAC -Home Energy program. He would also like to see funding for the Boys & Girls Club external lighting and security system camera and monitor. Commissioner Little questioned for comment on why there is no funding for the Boys 8s Girls external lighting and security system camera and monitor. Staff stated there are some portions of the application that may be ineligible per CDBG regulations and would need time to research that. In addition, there is a lot of other funding that will go to the facility. Mr. White further added the Boys & Girls Club is receiving approximately $162,000 through the ARRA program or in the event of HUD technicalities money will be shifted from current programs to the Boys & Girls Club and the ARRA money will be shifted back to the program where the money was retrieved from. The CAC Home Energy application is in the same boat, they have submitted stimulus money for their energy programs and there is a real doubt if they have the capability to carry out their programs this year due to they are project poor and money rich, so to speak. They are at capacity with their projects and funding. The CDBG Program Administration funding is important and is money that if not taken from the CDBG program, it will then be made up from the City of Pasco general taxpayer. The Code Enforcement Officer request is a value driven preventative program. It's the broken window theory, if the window breaks and it doesn't get fixed then there is another house with a broken window, etc. The Code Enforcement Officer is focused in Census Tracts 201, 202, 203 & 204 specifically for the area wide benefit that occurs in those low to moderate areas. Chairman Samuel stated he would like to hear comments from staff on their recommendation for the Lucas. Park Playground. Staff stated this is the only playground equipment within the City that is not in compliance, more importantly it will help replace the play mat which is a safety issue. Chairman Samuel stated $60,000 for replacing equipment that is still in fairly good shape could be used for other items. Commissioner Cruz stated there may be a liability issue with having non- compliant equipment. Chairman Samuel stated he would be in favor if the equipment was in bad shape. Commissioner Kempf questioned why there was no recommendation for Brush with Kindness. Staff stated they ran short on funding, providing there were more funds available this project would be funded. There is a lot of money for housing type projects from other sources and there are certain things that can be done with CDBG funds. Rehabilitation is acceptable, maintenance is not and this application is for materials and labor as well as cleaning up the yard, etc.; elements of which may be maintenance and therefore ineligible. Chairman Samuel would like to see Brush with Kindness funded and clarified if CDBG Program Administration was reduced the citizens of Pasco would have to pay for the balance. Commissioner Cruz stated he is amazed on the quality of the City's money management. He would like to focus more on investment kinds of things rather than administrative and other things, if we have to take a bite out of the other pie then ok. Commissioner Rose mentioned he would like to see progress with programs such as the Code Enforcement Officer. Chairman Samuel states there is a citizens committee that oversees what the Code Enforcement is doing and can make recommendations to City Council with regard to how Code Enforcement is executed. Commissioner Rose questioned if Code Enforcement issues are dependent on citizen complaints or do they canvass the neighborhoods. Staff stated Code Enforcement surveys neighborhoods and will send Courtesy Notices to locations that are in violation. Commissioner Rose stated there is a large amount of weeds in vacant lots and wants to know if they wait to hear from complaining neighbors or do they canvass the city. Staff stated they have gone from four officers to three and the complaint system is backlogged constantly. If they get a complaint from an area, they gather all the complaints in that neighborhood and address those issues. Mr. White further stated the Code Enforcement team was reduced by one officer and in that time the number of reported cases have doubled. In the winter, staff is reduced by two to canvass the city for dog licensing. Commissioner Cruz further stated he would like to see these funds used in other areas. As a former Code Board member, he mentioned two types of issues where citizens that are in violation of the city code, one is the neighbor that does not want to maintain his yard and has weeds; the other is the family that has medical reasons and has financial hardships. Chairman Samuel stated he is on the Franklin County law justice council and there is a chart that shows the number of law enforcement officials and the crime rate in the City of Pasco and over the last 15 years the law enforcement officials has significantly increased and the crime rate has decreased. He stated if we had more Code Enforcement Officers we would see a cleaner city, more responsive to complaints city. Commissioner Cruz again stated he feels this is a back end solution and would prefer to provide resources and assistance versus being listed on the Code Enforcement list. Commissioner Hay stated staff has prepared recommendations and is in favor of moving forward with the staff recommendations. Commissioner Schouviller stated he is also in favor of moving forward. Commissioner Cruz further stated he is not in favor of moving forward and would rather take the time to discuss each item. Chairman Samuel stated he is disappointed that Habitat for Humanity was not even considered for funding after their third year of applying and also the application for Brush of Kindness. He would like to see a decrease even zero the request for the Lucas Park playground equipment and re-allot the money to Brush with Kindness or the Neighborhood Improvements - Phase 11. This would improve things as suggested by Commissioner Cruz with the Code Enforcement issues. Commissioner Rose stated he agrees with Chairman Samuel on the Lucas Park playground equipment. Chairman Samuel amended the motion to include changes as follows: zero funds for the Lucas Park equipment and redistribute the money as $24,000 to Brush with Kindness with $ 36,000 to Neighborhoods Improvements - Phase 11. Commissioner Rose further stated he is in favor of Chairman Samuel and seconds the motion to amend the first motion. Chairman Samuel called for a roll call for the vote: Hay - no, Schouviller - yes, Kempf - no, Samuel - yes, Little - yes, Rose - yes, Cruz - no, Perez - yes. The motion passed with S members voting yes and 3 members voting no. The Planning Commission passed the recommendation with the following changes: Brush with Kindness $24,000, Lucas Park Playground equipment $0, and $36,000 to Neighborhoods Improvements - Phase 11. RESOLUTION NO. A RESOLUTION approving the Program Year 2010 Community Development Block Grant Allocations and Annual Work Plan. WHEREAS, staff has prepared the Program Year 2010 Annual Work Plan for activities totaling $665,000; and the Planning Commission has conducted a public hearing to consider proposals; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the Annual Work Plan as follows: Activity Funding CDBG Program Administration $120,000.00 Civic Center -Youth Recreation Specialist $30,000.00 Martin Luther King Community Center Recreation Specialist $30,000.00 Senior Citizen's Center Recreation Specialist $20,000.00 Pasco Downtown Development Commercial Kitchen $50,000.00 Continuing to Step Up (2 Households) $150,000.00 Boys & Girls Center Tween Center Design $17,500.00 Lucas Park Playground Equipment $60,000.00 Code Enforcement Officer $48,000.00 Kurtzman Park Neighborhood Improvements - Phase I1 (CT201BG4) $139,500.00 TOTAL $665,000.00 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 Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT FOR: City Council Dater August 28, 2009 TO: Gary Crutchfi Mana er Rick White, Dir or Regular: 09/08/09 Community & onomic Development FROM: Angela R. Pitman, Block Grant Administrator Community&Economic Development Department SUBJECT: 2:010 HOME Fund Allocations and Annual Work Plan (MF# CDBG09-021) I., REFERIENCE(S): 1. Resolution allocating 2010 HOME funds. 2. Community Housing Improvement Program(CHIP) Priority Area Map TI. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 09/08/09: MOTION: I move to approve Resolution No. allocating the estimated 2010 HOME funds. III".; FISCAL IMPACT Estimated$542,000 in Federal HOME funds; approximately$217,000 from 2010 Entitlement and$325,000 from 2009 Program Income. IV. HISTORY AND FACTS BRIEF: A, Pasco entered into a HOME Consortium Agreement with Richland and Kennewick in 1996 making the City eligible for Federal HOME funds. In September, 2007, this Agreement was extended indefinitely. B.. It is estimated that in 2010 HOME funds totaling approximately $542,000 will be available. Staff proposes $40,000 be used for eight First Time Homebuyer's Assistance loans, $171,700 for three infill property acquisition and gap financing projects, and$297,800 to be used for rental rehabilitations (between 3 and 10 units). A Redevelopment Strategy PIan, accepted by Council in 2004, recommended that assistance programs be concentrated in two neighborhoods in the vicinity of Longfellow School and the Franklin County Historical Museum. To date 16 owner— occupied rehabilitations have been completed in these priority neighborhoods. Approximately $300,000 in HOME funds is still available from prior year allocations for approximately 12 additional owner—occupied rehabilitations. ID: The Rental Rehabilitation component (recommended use of $297,800) is suggested as an addition to the HOME program. Currently, the HOME program does not provide the opportunity for landlords to rehabilitate rental properties. Once rehabilitated with HOME funds, a rental unit would be required to remain affordable to low-moderate income families. The City's existing rental inspection program provides a ready supply of properties that could benefit from use of HOME funds in this manner. A Rental Rehabilitation component is a valuable strategy for physically .improving neighborhoods while retaining housing affordability. l✓. The Rental Rehabilitation component would consist of low-interest loans to the property owner for rehabilitation of eligible rental properties. Repaid loans would be returned to the HOME fund as program income. The Agreement with the property owner would define the terms of the loan, assure that rents would remain affordable during the period of affordability, and require properties to be maintained in accordance with local, state and federal codes. Rules for a Rental Rehabilitation Program would be developed prior to implementation for City Council's approval. HOME funds are based on need and income eligibility and may be used anywhere within the city limits, however, neighborhoods designated as priority by Pasco City 8(e) Council receive first consideration. Funding is first targeted in the Longfellow and Museum neighborhoods, then within low-moderate income census tracts (201, 202, 203 and 204). If HOME funds cannot be applied to those areas, then they are used as needed within the Pasco City limits for the benefit of eligible low-moderate income families. G. The proposed allocation figures presented to Council at the August 24`h, Workshop have been modified. The amount available for program administration is 10% of program income — not of the entire amount available for distribution. This reduces available administration monies from $54,200 to $32,500. This reduction makes an additional $21,700 available, which staff recommends be added to the infill acquisition program (for a total infill program amount of$171,700). RESOLUTION NO. A RESOLUTION ALLOCATING ESTIMATED 2010 FEDERAL HOME FUNDS. WHEREAS, the City of Pasco entered into an Agreement with Kennewick and Richland in 2007 continuing participation in a Consortium originally formed in ,1996 under the Home Investments Partnership (HOME) Program; and WHEREAS, the Consortium allows the three cities to be eligible for federal HOME funds; and WHEREAS, the City has established a Community Housing Improvement Program (CHIP); and WHEREAS, it is estimated in 2010, the City of Pasco will receive $217,000 federal HOME Entitlement Funds plus $325,000 in Program Income for a total estimated available of $542,000; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. 2010 HOME funds received by the City of Pasco shall be allocated to the Community Housing Improvement Program (CHIP) operate city-wide. Priority will be given to neighborhood improvement areas and low-moderate income census tracts as needed for the following activities below: Activity Estimated Units Amount HOME Administration $32,500.00 First Time Homebu er's Program 8 $40,000.00 Infill Homebu er's Program 3 $171,700.00 Rental Rehabilitation Assistance 3 $297,800.00 TOTAL ALLOCATED $542,000.00 PASSED by the City Council of the City of Pasco this. day of 12009 . CITY OF PASCO: Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr jDeputy City Clerk City Attorney 4� p ) ¥#± � Nn9AV K1 TH AE \ �F 1L -4_ * # 2 k @6 AVE � LOA % A % IPA �§ � � « ^ F K. e+ AVE & am AVE � . # 9 { { Z j ° N. ,m AVE N. 7Q AVE . # R 2 \ ± k am AVE N. 5m AVE JL o � & * = %� / q y � a � § ¥ 4TH AVE & A $ . % La ¥ ) \A` & ~ & � G . � o s &� ^ � \ I c * ƒ 1p $ � CITY OF PASCO COMMUNITY FIGURE HOUSING IMPROVEMENT PROGRAM (CHIP) ] AREA LOCATION MAP I AGENDA REPORT FOR: City Council August 28, 2009 TO: Gary Crutchfield, pager Regular Mtg.: 9/8/09 Rick White, 4-1 Community & Eco omic Development Director FROM: Shane O'Neill, Planner I SUBJECT: SPECIAL PERMIT:. Charter College Expansion in a C-1 District. (MF# SP09- 006 I. REFERENCE(S):, 1. Report to Planning Commission 2. Planning Commission Minutes: Dated 7/16/2009 & 8/20/2009 3. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 918: MOTION: I move to approve Resolution No. approving the special permit for the expansion of the existing Charter College at 5278 Outlet Drive, as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On July 16, 2009, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit to expand the existing Charter College located at 5278 Outlet Drive. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the expansion of the existing Charter College facility in a C-1 zone. The recommended conditions are contained in the attached August 20, 2009 Planning Commission report and in the attached Resolution. C. No written appeal of the Planning Commission's recommendation has been received. S(f) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 09-006. APPLICANT: Charter College HEARING DATE: 7--16-09 5278 Outlet Drive ACTION DATE: 8-20-09 Pasco, WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Expansion of a College/Technical School in a C-1 District 1. PROPERTY DESCRIPTION: Legal: Parcel # 115-502-016: a portion of the South half of Section 8., Township 9 North, Range 29 East General Location: 5278 Outlet Dr... Property: Approximately 11 acres 2. ACCESS: The site has access from Sandifur Parkway by way of Outlet Drive. 3. UTILITIES: Municipal water and sewer are available to the site through easements around the property. The property is connected to City utilities. 4. LAND USE AND ZONING: The property is zoned C-1 (Retail Business);. All surrounding property is zoned C-1 and undeveloped. 5. COMPREHENSIVE PLAN: The site is designated in the Plan for future commercial uses. The Plan encourages the fostering of adequate provisions for educational facilities throughout the urban growth area. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a Determination of Non-Significance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21 (c) (RCW). ANALYSIS In December of 2008 Charter College was granted a Special Permit to locate a facility in the Broadmoor Square Outlet Mall. The College now occupies 10,768 square feet in the center portion of the northern Outlet Mall building. The college space is divided into 7 offices, 10 classrooms, a resource center and a student lounge. Enrollment at Charter College has grown to the point where the College needs to increase its classroom space. This application involves 1 expansion of the College into an additional 10,000 square feet of tenant space. 'The expansion, like the initial development of the College, is an unclassified use and requires review through the special permit process. The proposed site is zoned C-1 which permits a variety of retail and office type uses. The administrative offices of the College are a permitted use in the district and do not require a special permit to locate in the Outlet Mall. The classrooms, the education/skills training, the student counseling portion of the college requires the special permit review. The College offers programs in computer-aided drafting (CAD), medical insurance coding and billing, computerized bookkeeping and other courses. Eventually the College will offer five bachelor degree programs and nine associate degree programs,. The lease agreement requires the College to participate in all common area charges shared by all lessees within the mall. The Outlet Mall contains over 103,000 square feet of floor space. Currently about 57,000 square feet of the mall is occupied. There are seven businesses, a Mini Police Station a church (on a three lease) and Charter College within the occupied space. Forty-five percent of the mall is vacant. The Outlet Mall was constructed to meet building code requirements for retail activities. Colleges and technical schools are classified in the Building Code as either "A" occupancies or "B" occupancies depending on the size of the classrooms. When a building is changed from one occupancy class to another (from an "M" [Mercantile] to an "A" [Assembly] or "B" [Business] for example), the building is required to meet life/safety standards required for the new occupancy classification. The specific size and location of the classrooms and offices will determine the applicable building code standards that will apply to the proposed college expansion. To meet the new occupancy requirements, proper exiting, exit signage, emergency lighting, occupancy separation walls (between retail space and college space), and additional restroom facilities may be required by the Building Code. These requirements are all based on the occupant load of the building. The Building Code has been developed from years of experience with various types of building occupancies. The code has been enacted to promote the life, safety, and protection of people occupying classrooms, offices and other building spaces. A potential problem with a school/college locating in a commercial area is the fact that some retail establishments or restaurants sell or serve liquor. The 2 issue is typically addressed by placing a condition on the Special Permit approval limiting the college's ability to object to a liquor license. FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The proposed site is located at 5278 Outlet Drive. 2.. The proposed College site is zoned C-1. Business offices are permitted uses in the C-1 zone. 4. Colleges are unclassified uses and require review through the special permit process prior to locating or expanding in any zoning district. 5: The College proposes to expand operations by 10,000 square feet of floor area. 6. The site was originally developed as the Broadmoor Outlet Mall. '7. The Outlet Mall currently contains over 103,000 square feet of floor area. 8. Forty-five percent of the outlet mail is vacant. 9., The Municipal Code (PMC 25.78.170) requires one off-street parking space for 300 square feet of floor area for a vocational school, office, or retail store. 10. The Outlet Mall parking lot was designed to meet or exceed the one- parking-space-to-300-square-feet-of-floor-area ratio. 11. A 10,000 square foot expansion of the College will require an additional 33 parking spaces. 12. Colleges can be classified as an "A" or "B" occupancy under the International Building Code. 13. "A" or "B" occupancy building design standards differ from the "M" occupancy standards. 14. The mall was designed and built for "M" occupancy loads. CONCLUSIONS BASED ON THE FI , DINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060., and determine the following: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan encourages the location of educational facilities throughout the Urban Growth Area. (2) Will the proposed use adversely affect public infrastructure? The outlet mall was designed to handle significant traffic with a large parking lot and interior circulation. The parking requirements for the proposed college are identical to the parking requirements for retail and offices uses indicating traffic generated by the proposed college will be similar to other permitted uses in the zone. The proposed use will have less impact on water and sewer utilities than other permitted uses such as hotels and motels, laundromats and restaurants. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed college expansion will be located in the Broadmoor Outlet Mall and no exterior changes are planned to the building. The current store front character will be maintained. The College will participate in common area maintenance costs of the mall. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof No structures will be built or added to the mall. The site design will remain unchanged. The College will be paying market rent and will be .responsible for common area charges like all tenants of the Mall. (a) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The College will generate no more dust, vibrations, flashing lights or fumes than would be expected by permitted retail and offices uses of the zoning district. (6) Will the proposed use endanger the public health or safety if Iocated and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? 4 Experience with the operations with schools and colleges within the community have shown they do not endanger public health or safety and are generally not nuisance generators. TENTATIVE APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant; 2) The college must comply with all requirements of the International Building Code for occupancy prior to occupancy by the building; 3) The storefront appearance of the leased space cannot be altered except as needed to comply with building code exiting requirements; 4) The building, including entrances and restrooms, must be ADA/handicap-compliant prior to occupancy; 5) Occupancy of the building for college purposes will not be permitted until the college complies with all conditions listed above; 6) The college shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; 7) The special permit shall be null and void if a building permit has not been obtained for necessary improvements by March 1, 2010. RECOMMENDATION MOTION: I move, to close the hearing on the proposed college expansion and schedule deliberations, adoption of findings of fact, conclusions and a recommendation to the City Council for the August 20, 2009 meeting. 5 t 34 RD Fn TT Ct 4ttv.Y- 0 POO °ham •, r '� � �. U • • ,tics 'I 'ti�•�''�► ���,.�ice►: t�+ ' � �, ? . z r 0 ct � V W � o � �ja iDiino � O W ct • • 0 0 U . . V �1 0 W ' • o � W ct ct U . . �a r V o N i O �,y 1 f H Ul � r-I � N 1,t U) X Of N O �� v U U s l I I � ���J� i l i . i ����� � � � {• C9 r ^� 164 1 ' 162 Ism.. IUL 1.f. ~�-1 it 5•;�r•:,� / f �,v 11VY4-Lguno�mDv� � ` - -- --- ----- ---- ----- ----- D 7� I PV L lid 1 4v 4.1 H: Iil 4l p sae LV JE� ei luoisuedxe 1:)asodOJdl "TIN _'_ l soe, n mxa3V4»»«la m���a i n Q�w aoaR ,�»o !ci - . . k§02 m\}m mLL>5 _ � b ILr §ƒ § • ' � --- %\% % | //\ It - % $/ \}/ $ % \b[ LU \ % z # � »b � , §k 13 . � yy� �. | �• ƒ g. Line, i 9 ---- Ago_oarmo wy• qpeiu w6xu m _+ m_a . m*msZ . Planning Commission Minute's 7/16/2009 B. SPECIAL PERMIT Expansion of a College/Technical School in a C-1 Zone (5278 Outlet Drive) (Charter Coiley-el (MF# SP09-006) Chairman Samuel read the master file number and asked for comments from staff. Staff stated the applicant had applied for a special permit to expand the Charter College/Technical School in a C-1 zone located at 5278 Outlet Drive. In 2008, Charter College was granted a special permit to locate a facility in the Broadmoor Outlet Mall. The college now occupies 10,000 square feet of tenant space. This application involves the expansion of an additional 10,000 square feet of tenant space to accommodate students. Staff briefly reviewed the balance of the written report, Commissioner Cruz stated he attends the gym adjacent to the college and was unsure of the first permit, however, he does not have concerns anymore. There is a lot of traffic and the college is a good neighbor. Chairman Samuel asked if there was a time limit for this special permit. Staff stated Condition #7 contains the typical language on time frames. Commissioner Rose was concerned about the college being a diploma mill and questioned the credentials of the college. Josh Swayne, 5005 Laredo Drive, President of Charter College stated they opened for business on January 26, 2009 and since have had a great response from the community. They offer training in medical, business administration, computer networking and accounting. They are applying to expand their classes. Mr. Swayne further commented on accreditation for Charter College. By saying an application to the State of Washington was submitted and granted for certificates in 2008. Associate and Bachelor Degree level programs have been granted by the State. The Department of Education, National accreditation has also been received. Commissioner Schouviller asked if the college had a placement program. Mr. Swayne stated yes. Chairman Samuel stated he was delighted with the success of the college and the service they were providing to the city. Chairman Samuel opened the public hearing after three .calls and no response, the public hearing was closed. Commissioner Cruz moved, seconded by Commissioner Kempf to close the hearing on the proposed college expansion schedule deliberations, adoptions of findings of fact and conclusions and a recommendation to the City Council for the August 20, 2009 meeting. Planning Commission Minutes 8/20/2009 B. SPECIAL PERMIT Expansion of a College/Technical School in a C-1 Zone (5278 Outlet Drive) (Charter College) (MF# SP09-0061 Chairman Samuel read the master file number and asked for comments from staff. Staff stated there were no additional comments on this item. Commissioner Hay, seconded by Commissioner Schouviller, moved to adopt the findings of fact and conclusions therefrom as contained in the August 20, 2009 staff report. The motion passed unanimously. Commissioner Hay moved seconded by Commissioner Schouviller, based on the adopted findings of fact and conclusions the Planning Commission recommend the City Council grant a special permit to Charter College for the expansion of the existing college/technical school with conditions as contained in the August 20, 2009 staff report. The motion passed unanimously. RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE EXPANSION OF THE EXISTING CHARTER COLLEGE FACILITY LOCATED AT 5278 OUTLET DRIVE. WHEREAS, Charter College submitted an application for a Special Permit for the expansion of the existing Charter College facility located at 5278 Outlet Drive on June 17, 2009; and, WHEREAS, the Planning Commission held a public hearing on July 16, 2009 to review the proposed Charter College application, and; WHEREAS, following deliberations on August 20, 2009 the Planning Commission recommended approval of a Special Permit for the expansion of the existing Charter College facility located at 5278 Outlet Drive with certain conditions.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: L. That a Special Permit is hereby granted to Charter College for the expansion of the existing Charter College facility located at 5278 Outlet Drive (Parcel # 115- 502-016) under Master File # SP09-006 with the following conditions: a) The special permit shall be personal to the applicant; kh) The college must comply with all requirements of the International Building Code for occupancy prior to occupying the building; C) The storefront appearance of the leased space cannot be altered except as needed to comply with building code exiting requirements; d) The building, including entrances and restrooms, must be ADA/handicap- compliant prior to occupancy; °e) Occupancy of the building for college purposes will not be permitted until the college complies with all conditions listed herein; f) The college shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; g) The special permit shall be null and void if a building permit has not been obtained for necessary improvements by March 1, 2010. AGENDA REPORT TO: City Council August 21, 2009 FROM: Gary Crutchfi Manager Workshop Mtg.: 8/24/09 Regular Mtg.: 9/8/09 SUBJECT: Capital Improv ment Plan I. REFERENCE(S): I. Proposed Capital Improvement Plan 2010-2015 (Council packets only; copy available for review in the City Manager's office, Pasco Library or on the city's website at http://www.pasco-wa.gov/Generallnfo/FinanceAccountin2). 2. Proposed Resolution. II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 8/24 Discussion 9/8 MOTION: I move to approve Resolution No. adopting the Capital Improvement Plan for fiscal years 2010-2015. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS: A) The annual Capital Improvement Plan for 2010-2015 was presented to the City Council for discussion at the August 10 workshop meeting. V. 'DISCUSSION: A) Several changes have been made to the Plan by staff following the August 10 discussion, as follows: • Revised East Road 40 Sewer Line (page 34) and Sewer Line Extension (page 36) to reflect use of Revenue Bonds rather than Sewer Fund cash. Reduced cost of Commercial Avenue Water Line Extension (page 63) to .$250,000 (from $420,000). Reduced Water Line-Extension (page 66) to $300,000 (from $600,000). • Broadmoor Blvd Water Line Extension (page 70) delayed to 2013. East Side Booster Station (page 71) delayed to 2013. Added Pasco share of new shelter (page 75) for Tri-Cities Animal Control (estimated value) for 2012. B) Staff recommends Council identify any substantive changes it desires and schedule formal Council approval of the Capital Improvement Plan at the September 8 business meeting, so the Capital Improvement Plan is in place while staff prepares the annual budget this fall. 8(9) RESOLUTION NO. A RESOLUTION Approving the Capital hnprovement Plan for Calendar Years 2010-2015. WHEREAS, staff has prepared the Capital Improvement Plan which defines the capital projects proposed to be undertaken by the City over the ensuing six years; and WHEREAS, on August 10 and August 24, 2009 the Capital Improvement Plan was presented to the City Council for review and prioritization; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the Capital Improvement Plan for calendar years 2010-2015 as the City's list of capital projects proposed to be undertaken by the City over the coming six years, with the understanding that implementation of any project listed in the Capital Improvement Plan is subject to budget appropriation. PASSED by the City Council of the City of Pasco at its regular meeting this 8th day of September, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B' Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 32 FOR: City Council September 1, 2009 TO: Gary Crutchfield, CWM Robert Alberts, Pu c� �s D rector It FROM: Michael McS�ity Engineer Regular Mtg.: 09/08/09 SUBJECT: Award 2009 Reconstruction of Ailey Approaches Phase III, Project#07-3-04 1, REFERENCE(S): 1. Vicinity Map 2, Bid Summary 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 09/08: MOTION: I move to award the low bid for the 2009 Reconstruction of Alley Approaches Phase III, Project #07-3-04 to A&B Asphalt, Inc., in the amount of $76,584.30, and further, authorize the Mayor to sign the contract documents. II1. FISCAL IMPACT: City Street Fund IV. HISTORY AND FACTS BRIEF: A) On September 1, 2009, staff received two (2) bids for the 2009 Reconstruction of Alley Approaches Phase 111, Project 407-3-04. The low bid was received from A&B Asphalt, Inc. in the amount of$76,584.30. The second lowest bid received was from Inland Asphalt Co. in the amount of $77,500.00. The Engineer's Estimate for the project is $72,187.78. The amount budgeted for the project in the 2009 Capital Improvement Program (CIP) is $70,000. V. IDISCUSSION: A) The City's CIP established a yearly program to repair the alley approaches in the older parts of the City. The program is now in its last year of a three year program. Staff recommends award of this contract to A&B Asphalt, Inc:. 10(a) RECONSTRUCTION OF ALLEY APPROACHES PHASE 3 PROJECT # 07- 3 --- 04 VICINITY MAP Usk —,�JrN r a •% I i i 19011 S1' N 19TH DR ` • ; R - s t� Lr IT 0 '•R� A RUBY S1 " �� 1 v` Qr vuURT 3T T 4r. r. ,pq_l _jj �Rix.•!�'1v S �'�. r�' ..,... R. ,-' �� _ _ •r .. -- •• '.f .11Ma.. - !'—i �..� i+. ..Fier.•^;'• + -> �'r ,:'� - ti sl lit Ir ell O I ` At Y .�- I, �; � .0 . .�'�i.1,P:s!_-..� .t '-�'��,,,•ar:S �� �t :•{fs?ter':''': City of Pasco 2009 Reconstruction of Alley Approaches, Phase III Project No. 07-3-04 September 1, 2009 BID SUMMARY Total 1 . A&B Asphalt, Inc. $76,584.30 2. Inland Asphalt Co. $77,500.00 Engineer's Estimate $72,187.78 AGENDA REPORT NO. 31 FOR: City Council September 1, 2009 TO: Gary Crutchfi „ty er Robert Albe rk Director FROM: Michael McS ity Engineer Regular Mtg.: 09/08/09 SUBJECT: Award 2009 Sewer Extension-Road 34 & Ella Street, Project #09-1-02 I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary IL ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 09/08:. MOTION: I move to award the low bid for the 2009 Sewer Extension- Road 34 & Ella Street, Project #09-1-02, to include Alternate A, to Watts Construction, Inc., in the amount of$595,991.55, plus applicable sales tax, and further, authorize the Mayor to sign the contract documents. 111. FISCAL IMPACT: Sewer Utility IV. HISTORY AND FACTS BRIEF: A) On September 1, 2009, staff received seven (7) bids for the 2009 Sewer Extension-Road 34 & Ella Street, Project #09-1-02. The low bid was received from Watts Construction, Inc. in the amount of $595,991.55, plus applicable sales tax. The second lowest bid received was from Sharpe & Preszler Construction Co. in the amount of$642,466.95, plus applicable sales tax. The Engineer's Estimate for the project is $695,746.50, plus applicable sales tax. V. DISCUSSION: A) The City's annual 2009 Sewer Extension was budgeted at $1,000,000. Council awarded the first phase of the project to Mahaffey Enterprises at the May 4, 2009 council meeting in the amount of $164,651.40, plus applicable sales tax. This phase consisted of a sewer mainline being installed in Whipple Avenue between Road 88 and Road 92, as well as in a portion of Road 92 and Merrick Drive. B) This second phase of the annual project involves the installation of approximately 4500 linear feet of 8 and 12 —inch sewer main, 18 manholes and related street restoration at portions of Road 34 and Ella Street. The amount to be awarded is still within the annual budget amount. Staff recommends award of the contract for this second phase to Watts Construction, Inc. 10(b) ;l 3 a LZJ col ON A VETS- US-39f0 o C � ItAl, ��. o1 o cn 0 , Alilil / �--� 4� JA H Z E� W � 9£(7LU,x l PP I avow r CQ 99 GVOU oho � opt � lbw L o R AD 6& W i 68 Qvi" / / , ILL City of Pasco 2009 Sewer Extension — Road 34 & Ella Street Project No. 09-1-02 September 1, 2009 BID SUMMARY Total. 1 . Watts Construction, Inc. $595,991 .55 2. Sharpe & Preszler Construction Co. $642,466.95 3. Mahaffey Enterprises, Inc. $660,286.87 4. MDM Construction, Inc. $717,627.85 5. Big D's Construction of Tri-Cities, LLC $726,129.00 6. Safco, Inc. $749,380.52 7. Johansen Excavating, Inc. $849,088.75 Engineer's Estimate $6955746.50 AGENDA REPORT FOR: City Council September 2, 2009 TO: Gary Crutchfie Manager FROM: Rick Terway, A ministrative and Community Services Director Regular Mtg.: 9/8/09 SUBJECT: Award Highland Park Football Field—Project#09-6-01 I. REFERENCE(S): L Bid Summary 2. Vicinity Map II,, ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/8/09: Motion: I move to award the low bid for the Highland Park Expansion Project#09-6-01 to Gamache Landscaping, Inc., in the amount of$82,262.45, including sales tax and Alternate 1, Asphalt Path and Alternate 3, Trees, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Park Development Fund IV. HISTORY AND FACTS BRIEF: A) Project was approved in the 2009 Capital Improvement Project. B) On September 1, 2009 staff received five (5) bids, one of which was non- responsive (they were not on the Small Works Roster) for Highland Park Expansion Project#09-6-01. The low bid was received from Gamache Landscaping, Inc. in the amount of$82,262.45 including sales tax. The second lowest bid was received from Bagley Landscape Construction, Inc., in the amount of$90,230.48, including sales tax. C) Staff recommends award of this project to Gamache Landscaping, Inc. 1Q(C) C) 0 0 0 �T 6J 0 0 o v N 0 0 0 0 LO O OO O ti N CF) O N N CO 000 W. f (6: -7 63 6. 63 (n (D O O O �T Q O O O O N y ca o ti m LO CD 0) N (D M M cn ca o '1 N '17 ri ,i.•, m GO 69 r 63 O 69 (f? r 69 o o 0 N (D O O O r Cl) o (V o N v to o r� 0 0) CD N U') (v ui co 0 i D3 W. r 63 r a a V9, 'a as LL (O o o (D co r- o N ti o 0 N M N D7 0 ca V7 CD V' N ti R ti L L � 63 d3 ct a C cu t rn o ca � Q N m m a a � � — C N 04 tM 0 co 1 1 4 uj F loi i'" A uj i 0 • LL LLJ CL dia am Ald . � '• f Y� t AGENDA REPORT NO. 01 FOR: City Council September 1, 2009 TO: Gary Crutchfie Manager Robert J. Albe 41 i c Works Director FROM: Jess Greenough, Field Divisions Manager Regular Mtg.: 09/08/09 SUBJECT:- Award of Water Fill Stations, Project #09-2-04 I. REFERENCE(S): 1., Quote Summary IL ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 09/08: MOTION: I move to award the low quote for three Water Fill Stations, Project 409-2-04 to Municipal Solutions Inc. in the amount of $99,769.37 plus applicable sales tax.. III. FISCAL IMPACT: Water Fund IV. HISTORY AND FACTS BRIEF: A) On August 28, 2009 staff received three (3) quotes for the Water Fill Stations, #09-2-04. The low quote was received from Municipal Solutions Inc. in the amount of $99,769.37 plus applicable sales tax. The second lowest quote was received from The Birks Company in the amount of$134,823.00 plus applicable sales tax. The third quote received was considered non responsive. V. DISCUSSION: A) The City currently allows any contractor, including hydroseed and sewer pipeline cleaning companies, to have fire hydrant meters. This allows contractors, at their convenience, to put a hydrant meter on a fire hydrant and operate the hydrant unsupervised. A contractor can have a checked out hydrant meter in their, possession for up to one year. B) The installation of water fill stations would eliminate the need for some classes of contractors to have a hydrant meter and also allow the city to have more control over water usage in the city. The installation of meter stations would provide an option to contractors. The award is for the purchase of the fill stations only. The stations will need to be installed and a water rate charge will need to be established with Council approval prior to start-up. Staff will bring to Council at a future date the options for a water rate change. Staff recommends award of this contract to Municipal Solutions Inc. 10(d) AGENDA REPORT NO. FOR: City Council August 26, 2009 TO: Gary Crutchfiel , nager Regular Mtg.: 9/8/09 Rick White, Direc Community&Ec nomic Development FROM: David I. McDonaId, City Planne3�OQ..,.- SUBJECT: Deed for Future Street Right-of-Way (MF#INF09-066) I, REFERENCE(S): 1. Vicinity Map 2. Deed for a Portion of Power Line Road 3. Temporary Construction Easement 4. Indemnity Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/8: MOTION# 1: I move to accept the deed from the owners of Parcel # 114-330- 037 for a portion of the Power Line Road right-of-way. MOTION# 2: I move to accept the temporary construction easement from the owners of Parcel # 114-330-037for a portion of Power Line Road and authorize the City Manager to sign said easement. MOTION#3: I., move to authorize the City Manager to sign the indemnity agreement associated with the Power Line Road construction easement. III. FISCAL, IMPACT None: IV. HISTORY AND FACTS BRIEF: A. The development of the Three Rivers Subdivision north of Sandifur Parkway requires the construction of Power Line Road along the northern edge of the subdivision. The south half of the right-of-way for Power Line Road is being provided by Hayden Homes, the developer of the Three Rivers subdivision. The required north half of Power Line Road is controlled by other property owners that are currently farming the fields to the north of the Three Rivers Subdivision. B. To properly construct half of Power Line Road a small portion of land is needed from the farm fields to the north of The Three Rivers Subdivision. After several months of discussion staff was able to obtain a dedication deed for four feet of right-of-way and a 16 foot easement for roadway construction work. C. The construction easement requires the Grantee (City of Pasco) to assume responsibility for any damages to the farm field or equipment that may result from construction activities or related uses of the easement. Staff informed Hayden Homes that the easement with the indemnification clause could not be recommended for acceptance by the city unless the developer assumed all terms and obligations associated with the easement. Hayden Homes has agreed to assume all terms, requirements and obligations of the construction easement by signing an indemnity agreement holding the city harmless from such requirements. 14(e) APO iloo. 4 C73 ct SS lo MCI 41 i . ^� • rl 01fttill�It. 4-4 1 Pit Lip a^s r = F2Cfi p r - -4 • M--� , t4 tz � • ill. r �° ���'4 1� �^�. . . 1 •�dl � �, ■,,._V'fXT►Ti)S'+y.4iti.11Y'173� G DEDICATION DEED Pursuant to RCW 35A79.010, the Grantors, Fred Olberding and Edie Olberding, husband and wife, and Allen Olberding and Cheryl Olberding, husband and wife, hereby dedicate and quitclaim to the Grantee, The City of Pasco, A Municipal Corporation of the State of Washington, for public use, as a public right of way all interest in the following property: The Southerly 4 feet of that portion of the SW quarter of Section 3, Township 9 North, Range 29 East W.M. Franklin County Washington lying Northerly of Powerline Road. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day of , 2009. GR NTORS: Fred Olberding die Olberding STATE OF WASHINGTON )` ss. County of Franklin ) The foregoing instrument was acknowledged before me on this-P�day of 2009, by Fred and Edie Olberding. '1� Is 01, Notary Public y GRANTS: , All n Olberding Cheryl erding i STATE OF WASHINGTON County of Franklin ) The foregoing instrument was acknowledged before me on this /7d----;;�d-ay ot� 2009,by Allen and Cheryl Olberding. Y ti W^`+;'t�YY lI I��t / LJ I L1.1-"V !' ✓K/�(i\. ,,,•,,A '?r� Notary Public `,:J 0 O ie TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT (this "Agreement") is dated as of the day of , 2009, by and between Fred and Edie Olberding, husband and wife, and Allen and Cheryl Olberding, husband and wife, dba LC Farms ("Olberding") and The City of Pasco, a Municipal Corporation of the State of Washington("Grantee"). Olberding is referred to herein individually as "Grantor". 1. RECITALS A. Grantor is owner of the adjacent real property located in the City of Pasco, Franklin County, Washington as more particularly described on the attached Exhibit A ("Grantors' Property"). Grantee desires an easement over Grantors' Property as follows: The Southerly 16 feet of that portion of the SW quarter of Section 3, Township 9 North, Range 29 East W.M. Franklin County Washington lying Northerly of Powerline Road. ("Easement Area") B. Grantor desires to grant to Grantee a non-exclusive easement over and across the Easement Area for grading purposes in conjunction with the construction of the north half of Powerline Road on the terms and conditions contained herein. II. AGREEMENT NOW, THEREFORE, for and in consideration of the premises, easements, covenants, conditions, restrictions and encumbrances contained herein, the sufficiency of which is hereby acknowledged, Grantors and Grantee do hereby agree as follows: 1 Incorporation. The recitals are incorporated herein. 2. Easement. Grantors grant to Grantee and Grantee's agents, employees, contractors, subcontractors and vendors, a temporary non-exclusive easement (the "Easement")to enter upon the Easement Area for the purposes of access and construction activities in connection with the construction of roadway improvements (the "Construction Work"). 3. Construction Work. All Construction Work shall be performed in compliance with all covenants, conditions and restrictions applicable to the Easement Area, and with all applicable laws, statutes, ordinances and governmental rules, regulations and requirements. 4. Term. The Easement shall automatically terminate on December 31, 2012. 5. Grantee's Use of Grantors Property. Grantee covenants and agrees that Grantee shall use Grantee's best efforts to avoid causing any material damage to, or interference with, any irrigation systems or farming activity on the Grantors' property. Grantee further covenants and agrees that Grantee, at Grantee's sole cost and expense, shall remove all debris and garbage located in the Easement Area upon the termination of the Easement. 6. Liens. Should mechanics' material men's or other liens or claims thereof be filed against the Grantors' Property by reason of a claim against Grantee, Grantee shall cause the lien to be cancelled and discharged of record by bond or otherwise within thirty (30) days after receipt of notice from Grantor. Should Grantee fail to cause such lien to be so discharged or bonded,the Grantor that gave notice may exercise any or all remedies available to such Grantor at law or in equity, including, without limitation,paying the amount claimed to be due,and Grantee shall pay to such Grantor on demand the amount so paid and all costs and expenses incurred by such Grantor, including reasonable attorneys fees, in processing such discharge. 7. Indemnification. Grantee hereby indemnifies,protects, defends and saves Grantors and Grantors' agents, employees, contractors, and invitees harmless for, from and against any and all liability, damage, expense, causes of action, suits, claims, or judgments arising for any reason whatsoever in connection with the use of the Easement Area by Grantee or Grantee's agents, employees, contractors, invitees or suppliers. However, Grantee shall not be responsible or liable for any act or omission of Grantors or Grantors' agents, employees, contractors, or invitees, or for any adverse condition on or affecting the Easement Area that was not caused by Grantee or its agents, employees, contractors, subcontractors or vendors but merely discovered or impacted during their work on the Easement Area. &. Duty to Repair and reimburse. Grantee covenants and agrees that Grantee shall (a) repair or replace any irrigation systems damaged or destroyed as a result of the Construction Work, at Grantee's sole cost and expense, and(b) reimburse Grantors for lost profits from loss of crops as a result of any damage or destruction of irrigation systems as a result of the Construction Work. 9. Entire Agreement. This Agreement shall constitute the entire agreement between the parties relating to the Easement. The parties do not rely on any statement, promise or representation not herein expressed, and this Agreement once executed and delivered shall not be modified or altered in any respect except by a writing executed and delivered in the same manner as required by this document. 10. Partial Invalidity. If any provision of this Agreement or the application thereof to any person or circumstance shall to any extent be held invalid,then the remainder of this Agreement or the application of such provision to persons or circumstances other that those as to which it is held invalid shall not be affected thereby, and each provision of the Agreement shall be valid and enforced to the fullest extent permitted by law. 11. Governing Law. This Agreement shall be governed by and construed with the laws of the State of Washington without regard to its conflicts of law principles. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth in the first paragraph of this Agreement. N. GRANTORS: J _' � �_ By: Fred Olberding By. 9�2�2 die Olberding �f STATE OF WASHINGTON ) ) §s' County of Franklin ) The foregoing instrument was acknowledged before me on this �Y d y of 2009, by Fred and Edie Olberding. 40 ij S Notary Public U � r tlti tlti��r�\�+ i t✓F .$P AJ `�.. GRANTORS: / By- Allen Olberdi g - By: Che berdzng STATE OF WASHINGTON ) ss. County of Franklin ) The foregoing instrument was acknowledged before me on this U - cTay of ,,'%" r9iib, Allen and Cheryl Olberding. � �-� NO 14 z Notary Public Aug-,qo =o° GRANTEE: The City of Pasco, a Municipal Corporation of the State of Washington By: Its: STATE OF WASHINGTON ) ss. County of Franklin ) The foregoing instrument was acknowledged before me on this day of , 20_, by , its , The City of Pasco, a Municipal Corporation, on its behalf. Notary Public for_ My Commission Expires: Exhibit A That portion of the SW quarter of Section 3, Township 9 North, Range 29 East W.M. Franklin County Washington lying Northerly of Powerline Road. Franklin County Tax Parcel 4114-330-037 FILED FOR RECORD AT REQUEST OF: City of Pasco WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3`d Pasco WA 99301 INDEMNITY AGREEMENT THIS AGREEMENT dated this J-1✓day of 2009 Hayden Homes, LLC, hereinafter referred to as "Hayden Homes", does agree to indemnify the City of Pasco, Washington, a Municipal Corporation, hereafter referred to as "City", and in consideration of the mutual covenants contained herein, agree as follows: 1. Hayden Homes is the Developer of certain real property located within the City of Pasco, incident to which requires the improvement of portions of Power Line Road right-of-way of the City. Incident to those improvements, the City has secured a Temporary Construction Easement upon certain real property more particularly described as follows: The Southerly 16 feet of that portion of the SW quarter of Section 3, Township 9 North, Range 29 East W.M. Franklin County Washington lying Northerly of Power Line Road. And does by this Agreement, permit to Hayden Homes the City's right under that Temporary Construction Easement dated the day of , 2009, a copy of- which is attached hereto and incorporated hereinby as Exhibit A. 2. Hayden Homes does hereby agree to provide all construction work permitted under such Temporary Construction Easement within the easement area in conformance with the plans and specifications required for right-of-way improvement by the City, and does specifically by these terms, assume all rights and responsibilities to the City under that Temporary Construction Easement, and further agrees to defend, indemnify and hold the City harmless from any claims related to or arising from Hayden Homes' activities under the Temporary Construction Easement or upon the real property described therein and further to faithfully fulfill all the terms, requirements or obligations of the City therein. ]ndemnity Agreement...1` 3. For the purpose of this Agreement, time is of the essence. In the event of any dispute between Hayden Homes and City concerning the interpretation, enforcement, or breach of this Agreement, the parties shall first meet in a good faith effort to resolve the dispute, however, if unresolved, the dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration (MAR). Venue shall be placed in Franklin County, Washington, and the prevailing parties shall be awarded attorney fees and costs against the other. DATED this 31 day of , 2009. Hayden Homes, LLC City of Pasco, Washington le'.-t- �I`004 Gary Crutchfield or );yl , City Manager STATE OF WASHINGTON ss County of Franklin On this day personally appeared before me GARY CRUTCHFIELD, City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this_day of '2009. Notary Public in and for the State of Washington Residing at My Commission Expires STATE OF WASHINGTON : ss County of Franklin ) / ! /� On this day personally appeared before me 4e tr W/'C/ oei >o✓i �O� of Hayden Homes, LLC, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 31 day of U-GC(y , 2009. OFFICIAL SEAL 5Resld7h TAh4MY HAROYic in and or the State of W �' gton NOTARY PUBLIC•OREGON COMMISSION N0.427208 MY COMMISSION EXPIRES MAR 23 2012 ssion Expires 114tir 2-3} 3�0 /} Indemnity Agreement - 2