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HomeMy WebLinkAbout2009.11.02 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. November 2,2009 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion(in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: L. Minutes of the Pasco City Council Meeting dated October 19, 2009. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$2,598,921.24 ($78,923.68 in the form of Wire Transfer Nos. 5331 and 5332; and $2,519,997.56 consisting of Claim Warrants numbered 174010 through 174216). 2. To approve Payroll Claims in the amount of $1,849,857.24, Voucher Nos. 40361 through 40453; and EFT Deposit Nos. 30033175 through 30033722. (c) PUD Easement in Heritage Park(MF#INF009-101): 1. Agenda Report from David I.McDonald, City Planner dated October 21, 2009. 2. Vicinity Map. 3. PUD Easement. 4. PUD Power Line Map. To authorize the City Manager and City Clerk to sign the document granting the Franklin County PI1D an easement across a portion of Heritage Park for electrical power lines. (d) Tourism Promotion Area: I. Agenda Report from Gary Crutchfield,City Manager dated October 22,2009. 2. 2010 TPA Budget Summary. 3. 2010 TPA Business Plan (provided in Council packets of 10/26; copy available for public review in the City Manager's office). To approve the 2010 operating budget for the Tourism Promotion Area in the total amount of 5810,000. *(e) Final Plat: Three Rivers Crossing Division 2,Phase 2 (Hayden Homes)(MF#FP09-006): 1. Agenda Report from David 1.McDonald, City Planner dated October 28,2009. 2. Final Plat(Council packets only; copies available for public review in the Planning office, the Pasco Library or on the city's webpage at htzp:!/www.pasco- wa.gov! e� neralinto/eitycoun.cilreports). 3. Overview Map. 4. Vicinity Map. To approve the Final Plat for Three Rivers Crossing Division 2, Phase 2. t(RC) MOTION: I move to approve the Consent Agen{Ita myuad. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) Regular Meeting 2 November 2,2009 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 No. 147 to Create LID for California Avenue from Broadway Boulevard to Bonneville Street and Bonneville Street from Oregon Avenue to California Avenue. 1. Agenda Report from Michael McShane, City Engineer dated October 29, 2009. 2. Assessment Map. 3. Ordinance. CONDUCT A PUBI,IC, HEARING(continued) Ordinance No. , an Ordinance of the City of Pasco, Washington, relating to City street improvements; ordering the improvement 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 all in accordance with Resolution No. 3182 of the City Council; establishing Local Improvement District No. 147, 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: 1 move to adopt Ordinance, creating Local Improvement District 147 for Caldbr-ni€r Avenue from Broadway Boulevard to Bat neville Street find Bonneville Street fmrn OrerTn Avenue: to CaliCornia Avenue: an6, forlhi,-r, authorize publication by summary oT ly. *(b) Access and Utility Easement Vacation (Access and Utility Easements in the east half of Section 15,T9N,R29E) (Linda Loviisa) (MF#VAC09-012). 1. Agenda Report from David I.McDonald, City Planner dated October 27, 2009. 2. Overview Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating Access and Utility Easements in Section 15, Township 9 North, Range 29 East, W.M. rVIO'11ON: I mime to aidolrt Orditlar6cc __. vacating mess and utility c rscrrtcnts Its 5cct�net 15, '1 o nship 9 North, Range 29 Fast and. further. to authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Q(a) Special Permit (Appeal) Location of a Corn Maze/Farm in an RS-20 Zone (2000 Block of Road 72) (Haywire Farms) (MF#SP09-007). I. Agenda Report from David 1. McDonald,City Planner dated October 27, 2009, 2. Vicinity Map. 3. Binder containing Hearing Record(Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at httL�://www.pascc? wa.;:ov/L,eneralinfp/citvcouncilre sorts). 4. Proposed Resolution Approving the Corn Maze and Farm. 5. Proposed Resolution Approving only a Farm. 6. Motions. CONDUCT A CLOSED RECORD BEARING I. B!Qtiorn to Acce t Elannine Commission Recom_ mendatio_n_ : (Not recommended by staff) Resolution No. , a Resolution approving a Special Permit for Philipp Schmitt of Haywire Farms to Operate a Corn Maze and Farm in the 2000 Block of Road 72. MOTION 1: I move to concur with the Findings of Fact of the Planning Commission and approve Resolution No.__ approving a Special Permit for a Corn Maze and Farr in the 2000 Block of Road 72. Regular Meeting 3 November 2, 2009 2. Motion to Approve a Farm only: (Recommended by staff) Resolution No. , a Resolution approving a Special Permit for Philipp Schmitt of Haywire Farms to Operate a Farm in the 2000 Block of Road 72. MOTION 2A: I move to adopt the Findings of Fact for a Farm only as contained in the staff report to the Planning Commission. MOTION 2B: Based on the Findings of Fact as adopted, I move to approve Resolution No. , approving a Special Permit for a Farm only in the 2000 Block of Road 72. 3. Motion to Amyrove a Corn Maze and Farm with Modified ConditionL MOTION 3: I move to table action on the Special Permit application until December 7,2009 to allow staff time to prepare an approval resolution with the following additional or modified conditions(list the conditions). 4. Motion to Denv the Special Permit: MOTION 4: 1 move to table action on the Special Permit application until December 7, 2009 to allow staff time to prepare findings to support denial of the Special Permit. 5. Motion to Remand back to the Plannin4 Commission: MOTION 5: I move to remand the matter back to the Planning Commission for further review on (list the items of concern that need additional review or clarification). Q"(b) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending the zoning classification of Lot 2 and the westerly 50 feet of Lot 1, Block 1 Cline Addition :from R-1 (Low Density Residential) to C-1 (Retail Business)with a concomitant agreement. 1. Agenda Report from Shane O'Neill,Planner I dated October 27,2009. 2. Proposed Rezone Ordinance. 3. Planning Commission Report. 4. Planning Commission Minutes dated 9/17/09 and 10/15/09. MOTION: I move tri adopt Ordinance No. _ :, granting a rezone for a parcel of hued at 4215 West Court Street from It-I to C-I with a concomitaw agme:nivni as reoDnimeiAed by the Planning Comsaiission and. funher_ to authorize publication by summary only. 9. UNFINISHED BUSINESS: (a) Local Improvement District No. 146 for the Kurtzman Park Neighborhood Improvements, Phase 1: I. Agenda Report from Rick White, Community & Economic Development Director dated October 28,2009. 2. Vicinity Map. 3. Ordinance No.3932, Original Boundaries and Costs. 4. Map with Original LID Boundary. 5. Ordinance No. 3932, Amended Boundaries and Costs. 6. Map with Revised LID Boundary. 7. Financial Comparison of the two Options. Ordinance No. 3932, 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. MOTION: I move to adopt Ordinance No. 3932, creating LID No. 146 for Kurtzman Park Neighborhood Improvements Phase 1. -OR- Regular Meeting 4 November 2,2009 Ordinance No. 3932, an ordinance of the City of Pasco, Washington, relating to City street improvements; ordering the improvement to approximately 3400 feet in total, of Elm 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. MOTION: 1 move to amend Ordinance No. 3932, creating LID No. 146 for Kurtzman Park Neighborhood Improvements Phase I, by removing properties on Sycamore Avenue, north of Alton Street, and reducing the cost accordingly as presented in the proposed amended Ordinance 3932. -AND- MOTION: I move to adopt Ordinance 3932, as amended. 10, NEW BUSINESS: *(a) Improvements to the Martin Luther King Center; 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated October 29,2009. 2. Bid Tabulation Sheet. �(RC} MOTION. 1 move to award the contract for. the remodel of the Martin Luther Icing CcnLcr Project Lo Darden L.nterl3rises, Inc., in the amount of %103.461.00 PILLS Ul-K, irclUdilkE, 1110 base laid, and alternate hid number titre (1) Accessibility to Gym, and alternate number two (2) Hot Wncr Heater upgrades and, further. authoriz. the Mayor to sign the cvritract, *(b) Commercial Avenue Water and Sewer Pipelines Project No. 10-2-01: 1. Agenda Report From Jess Greenough,Field Division Manager dated October 29, 2009, 2. Bid Summary. 3. Vicinity Map. (RC) MOTION: I move to award the low bid for Commercial Avc;nuc Watc:r and :ScwC1. PipelillcN Project No. 10-2-01 to premier Excavation in the amount of S456,bl t?,M, pWs �ipp1ic-able LQla.. tax and, further, authoi°ize the Mayor to sip.n the c c'ymmc� t documents. *(c) Award 2009 Sewer Lining Project No.09-1-01: 1. Agenda Report from Michael McShane, City Engineer dated October 14, 2009. 2. Bid Summary. 3. Vicinity Map. (RC) MOTION- I move to award the low bid, including akernate ama 1. 2, s & 4, for the 20(0 Sever Lining Project No. 09-14)1 to RcPip -CaliGornirr, Inc.. iii the ,iruuunt of $346142.50, plus applic°ablu sales tax and, further,authorize the Mayor to sign the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT_ (RC) Roll Call Vote Required * Item not previously discussed NIF# "Master File 4....,' Q Quasi-Judicial Matter Regular Meeting 5 November 2,2009 REMINDERS: 1. 1:30 p.m., Monday, November 2, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; AL YENNEY, Alt.) 2. 12:00 p.m., Wednesday, November 4, 2601 N. Capitol Avenue Franklin County Mosquito Control District Meeting, (COUNCILMEMBER BOB HOFFMANN, Rep., AL YENNEY, Alt.) 3. 4:00-7:00 p.m.,Thursday, Novcmbcr 5, Three-Rivers Convention Center--Tri-Cities Visitor& Convention Bureau's Annual Meeting and Tourism Showcase Keception. (ALL COUNCILMEMBERS INVITED TO ATTEND) 4. 5:30 p.m., Thursday, November 5, Parks & Rcc. Classroom — Parks & Recreation Advisory Council Meeting. (COUNCILMEMBER REBECCA FRANCIK,Rep.; MIKE GARRISON,.Alt.) 5. 5:30 a.m., Friday, November 6, Pasco Red Lion — Washington Council of the Blind Conference Welcome Address. (COUNCILMEMBER BOB IIOFFMANN) 6. 9:30 a.m., Saturday, Novcmbcr 7 — West Richland Chamber of Commerce Veterans' Day Parade. (COUNC'ILMEMBERS TOM LARSEN and AL YENNEY) MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 19, 2009 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor, ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Tom Larsen, Joyce Olson, Matt Watkins and Al Yeriney. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Bob Alberts, Public Works Director; Mike McShane, City Engineer; 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 October 5, 2009. (b) Bills and Communications: To approve General Claims in the amount of$964,537.88 (5100,073.63 in the form of Wire Transfer Nos. 5316, and 5321; and $864,464.25 consisting of Claim Warrants numbered 173793 through 174009). 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 5201,192.66 and, of that amount, authorize $166,694,83 be turned over for collection. (c) Resolution No. 3196, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Spokane Street. To approve Resolution No. 3196, setting 7:00 p.m., Monday, November 16, 2009 as the time and date to conduct a public hearing to consider vacating a portion of Spokane Street. (d) Resolution No. 3194, a Resolution setting charges for golf cart storage shed rental at Sun Willows Golf Course. To approve Resolution No. 3194, setting charges for golf cart storage shed rental at Sun Willows Golf Course. (e) Resolution No. 3195, a Resolution approving the 2010-2014 Tri-Cities Consolidated Plan for Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs. To approve Resolution No. 3195, approving the 2010-2014 Tri-Cities Consolidated Plan for Community Development Block Grant (CDBG) and Home Investment Partnerships (Home) Programs. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by the following Roll Call vote: Yes—Francik, Olson, Garrison, Hoffinann, Watkins, Yenney. No—Larsen. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 19, 2009 VISITORS - OTHER THAN AGENDA ITEMS: Mike Miller, Co-Chair Pasco Citizens for Better Schools Committee, informed Council he will soon ask for their formal support of the February 9`s Pasco School District Levy. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mayor Olson attended a three day Public Information Officer training session ulith the FC Emergency Management Services. Ms. Francik reported that last week was Pasco High School DECA Week. Mr. Larsen reported on the Benton-Franklin Council of Governments Board meeting. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Local Improvement District (LID) No. 147 for California Avenue from Broadway Boulevard to Bonneville Street and Bonneville Street from Oregon Avenue to California Avenue. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED LID. Mr. Goulet, owner of parcel 113-103-125, inquired which improvements will be included in the LID. Council and staff discussed the proposed LID. MOTION: Mr. Yenney moved to continue the public hearing to November 2, 2009 Council Meeting. Mr. Larsen seconded. Motion carried by the following Roll Call vote: Yes—Yenney, Hoffmann, Larsen, Olson. No — Watkins, Francik, Garrison. UNFINISHED BUSINESS: Ordinance creating Local Improvement District (LID) No. 146 for the Kurtzman Park Neighborhood Improvements-- Phase 1: Mr. Ron Campbell, 430 S, Sycamore, inquired which improvements will be included in the LID and is in favor of the revised phase approach. Ms. Jacqueline Ramirez, 435 S. Elm, asked for clarification on the cost and the included improvements. Mr. Emmett Jackson, representing Greater Faith Baptist Church at >12 S. Sycamore, noted a recent survey of their property showed the city street is on their property and inquired if grant monies would be available to their organization. Mr. Alfred )~ Harding, owner of property on S, Sycamore, would like to see utilities installed but not necessarily in the street. MOTION: Mr. Watkins moved to further table Ordinance 3932 until the Noverrmbcr 2, 2009 Council Meeting. Ms. Francik seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Council discussed representation on the Benton-Franklin Council of Governments Board, Mr. Mike Miller, 515 W. Clark, expressed concern about Council's representative on Benton-Franklin Council of Governments Board. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 19, 2009 MOTION: Mr. Watkins moved to appoint Mayor Olson as Council representative in place of Mr. Larsen on the Benton-Franklin Council of Governments Board, Ms. Francik seconded. Motion carried by the following Roll Call vote: Yes—Olson, Watkins, Francik, Garrison, Hoffmann. No —Yenney, Larsen, Mayor Olson requested Council review the final draft of the community survey questions and provide comments to the City Manager by Tuesday morning. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:44 p.jn. APPROVED: ATTEST: Joyce Olson, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 2nd day of November, 2009. 3 CITY OF PASCO Council Meeting of: November 2, 2009 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We,the undersi ed,do he certify under penalty of perjury that the materials have been furnished,the services rend re or th abor pe rmed as described herein and that the claim is a just, due arm unpaid obligation ag the ity and chat a are authorized fn authenticate and certif said clai K�XL Gary Crutc field, ity James W. Cha , Finance Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the merchandise or services hereinafter specified have been received; that Wire Transfer No.s 5331 and 5332 in the amount of$78,923.68,have been authorized;that Check No.s 174010 through 174216 are approved for payment in the amount of$2,519,997.56,for a combined total of$2,598,921.24 on this 2nd day of November,2009. Councilmember Councilmember SUMMARY OF CLAIMSfWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 519.13 Judicial 7,052.42 Executive 9,098.76 Police 190,741.98 Fire 8,943.00 Administration& Community Services 52,220.33 Community Development 1,704.79 Engineering 3,156.67 Non-Departmental 56,863.56 Library 100,875.36 TOTAL GENERAL FUND: 431,176.00 STREET 16,557.31 C. D. BLOCK GRANT 87,990.63 KING COMMUNITY CENTER 544.77 AMBULANCE SERVICE 14,690.58 CEMETERY 4,970.48 ATHLETIC PROGRAMS 762.74 SENIOR CENTER 2,019.70 MULTI MODAL FACILITY 144.62 RIVERSHORE TRAIL& MARINA MAIN 0.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 124.00 PARKS FUND 0.00 TRAC DEVEL& OPERATING 16,135.25 STADIUM/CONVENTION CENTER 7,397.94 SPECIAL ASSESSMNT LODGING 0.00 GENERAL CONSTRUCTION 123,652.11 WATER/SEWER 1,660,471.04 EQUIPMENT RENTAL- OPERATING 21,094.84 EQUIPMENT RENTAL - REPLACEMENT 0.00 MEDICAL/DENTAL INSURANCE 108,490.96 CENTRAL STORES 0.00 PUBLIC FACILITIES DIST 0.00 PAYROLL CLEARING 38,684.19 LID CONSTRUCTION 0.00 TRI CITY ANIMAL CONTROL 44,014.08 GRAND TOTAL ALL FUNDS: $ 2,598,921.24 (3)b.1 CITY OF PASCO Council Meeting of: Payroll Approval November 2,2009 The City Council City of Pasco Franklin County,Washington The following is a summary of payroll claims against the City of Pasco for the month of October 2009 which are a ented here "h for your review and approval. r4oc-, Gary .Crutchfie ,__ny Ma 0 ger James W. Chase,7 ncial Services Manager We,the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington,do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's. 40361 through 40453,and EFT deposit No's.30033175 through 30033722 and City contributions in the aggregate amount of$1,849,857.24 are approved for payment on this 2nd day of November2009. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERALFUND: Legislative $ 6,665.00 Judicial 69,590.23 Executive 58,239.58 Police 534,652.15 Fire 263,203.03 Administrative& Community Services 250,593.58 Community Development 71,315.39 Engineering 74,935.13 TOTAL GENERAL FUND 1,329,194.09 CITY STREET 55,862.76 BLOCK GRANT 13,494.35 MARTIN LUTHER KING CENTER 5,403.78 AMBULANCE SERVICE FUND 118,620.42 CEMETERY 9,620.97 ATHLETIC FUND 1,611.68 SENIOR CENTER 13,175.74 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 0.00 WATER/SEWER 277,251.81 EQUIPMENT RENTAL-OPERATING 25,621.64 GRAND TOTAL ALL FUNDS $ 1,849,857.24 Payroll Summary Net Payroll 902,415.88 Employee Deductions 526,308.27 Gross Payroll 1,428,724.15 City of Pasco Contributions 421,133.09 Total Payroll 5 1,849,857.24 3(b).2 AGENDA REPORT FOR: City Council October 21, 2009 TO: Gary Crutchfie � Ianager Workshop Mtg.: 10/26/09 Rick White, Dire - (LA Regular Mtg.: 11/2/09 Community & E� nomic Development FROM: David 1. McDonald, City Planner SUBJECT: PUD Easement in Heritage Park(MF#INF009-101) 1. REFERENCE(S): I. Vicinity Map 2. PUD Easement 3. PUD Power Line Map 11. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 10/26: Discussion: 11/2: MOTION: I move to authorize the City Manager and City Clerk to sign the document granting the Franklin County PUD an easement across a portion of Heritage Park for electrical power lines. Ill. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A) The PUI) power lines serving Heritage Park and many of the homes located to the south of the park need to be rebuilt. Due to the difficulty of building through the back yards of several residential lots the PUD is seeking an easement along the southerly 10 feet of Heritage Park. B) The proposed 10 foot easement would extend from the center of Road 44 easterly for a distance of 410 feet, terminating adjacent to the city's power feed and irrigation time clock serving the park. C) The proposed easement will not impact public use of the park. 3(c) Vicinity Item : PUD, Easement in Heritage Park A licant.- Frankli Map File . MO 09- 101 WAGLA IN I Fl."�' r ­16. 40 • , r.. zo � � cis �7"� � �� ,� �— �` � •. .w ' x • ;� y v PUBLIC UTILITY DISTRICT NO. 1 OF FRANKLIN COUNTY Post Office Box 2407 Pasco, Washington 99302 RIGHT OF WAY EASEMENT THE GRANTORS CITY OF PASCO, a Municipal Corporatlon for good and vaivable consideration, the receipt of which is hereby acknowledged, hereby grant(s) to PUBLIC UTILITY DISTRICT NO. 1 of Franklin County, Washington, a municipal corporation, and to its successors or assigns, the right to enter upon the lands of Grantor(s) situated in the County of Franklin, State of Washington, and more particularly described as follows; A 10-foot wide underground powerline easement, of which is more particularly described as follows: The south 10 feet of the west 410 feet of the south 1/2 of the NW '/a of the SW '/. of the NE '/4 of Section 26, Township 9N, Range 29E,WM, in Franklin County,Washington. Parcel ID No.: 119-512-304 and to construct, operate and maintain under and upon the above described lands and the streets, roads, or highways abutting the said lands electrical facilities and other utility facilities, including but not limited to fiber optics and telecommunications facilities with all convenient or necessary appurtenances (including, but not limited to, transformers), and to cut and trim trees and shrubbery that may interfere with or threaten to endanger the operation and maintenance of said line or system. The grantor(s) agree(s) that all facilities installed under and upon the above described lands at the grantee's expense shall remain the property of the grantee, and that the grantee shall have the right of ingress and egress over the adjacent lands of the grantor(s) for the purpose of exercising all rights hereby granted. All rights hereunder shall cease when the grantee, its successors or assigns, abandons or removes said line or system. Grantee shall not be liable for any damages caused to Grantor's property by actions reasonably taken by Grantee in the exercise of the rights herein granted. Dated this day of ' 2009. (Gary Crutchfield) (Debbie Clark) ---------------------------------------------------------------------------------- STATE OF WASHINGTON } )ss. ACKNOWLEDGMENT OF CORPORATION County of Franklin } On this day of 6 , 2009, 1 certify that I know or have satisfactory evidence that Gary Crutchfielc and Debbie Clark personally appeared before me, and said individuals acknowledged that they signed this instrument and on oath stated that they are authorized to execute the instrument and acknowledged it as the City Manager and Clerk, respectively of CITY OF PASCO, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned in the instrument. IN TESTIMONY WHEREOF: I have hereunto set my hand and Notarial Seal the day and year In this certificate above written. Notary Public in and for the State of Washington residing at Pasco My appointment expires U m � � O U p I N_ Om HERITAGE PARK AGGED 3327 3426 350 T Q 40 37 . c 8548 b 15.0-C z 3230 ly`O 2-AL EPR FS L EPR FSN r. 18001 ao I CD T 2-A 7L 3328 2-AL 1 C' 19130 ! 410-T co 50.0-A I N 00 3227 ' r j 40 0A 5 9 820 a� 5. -C o p6 Oro-r 11 f/ �1 °p O q" M co cm 1� 821 O" co y C.) z 5 C � C 3 10•T f lk m � `o j ry Qo � cE f R 3032 13017 ql 9447 r 15.0-C 50.0-C C � � � —4Z--T 2926 m I 'O 40 — ° t� Budget Summary 2009 Proposed 2010 Revenues Budget Budget $324 000 40% $324 000 400% Kennewick , Pasco $1701100 21% $170,100 21 Richland $315,900 39% $315,900 39% Total: $810,000 1000/. $810,000 1000/. rExpenditures s Group Markets $347,971 43% $326,578 40% City Wide Conventions Associations Corporate & Government I M SMERF (social, military, education, religious, fraternal) sports ' Housing& Groups Services $57,085 7`/a $56,459 7°/a ' Tourism Development $166,555 20% $175,710 22% Administration $150,789 19% $161,753 20% M (administrative staff, office supplies, rent, telephone postage, equipment maintenance,etc. , iOpportunity Fund $46,200 6% $60,000 7.5% Accounting/Professional $33,400 4% $25,500 I 3% Capital Expenditures p p $8,000 1% $4,000 0.511/0 Total: $810,000 100% $810,000 I 100% - 26 - AGENDA REPORT FOR: City Council October 28, 2009 TO: Gary Crutchfield, tiger RegularMtg.: 11/2/09 Rick White, � Community & Econo c Development Director FROM: David 1. McDonald, City Planner SUBJECT: FINAL PLAT: Three Rivers Crossing Division 2, Phase 2 (Hayden Homes). (MF# FP09-006) 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 littl3:,I/www.pasen-wa.gov/�eneraliiifo/citycouncilrep rt s) 2. Overview Map 3. Vicinity map I1. ACTION REQUESTED OF COUNCIL / STAI+'I+ RECOMMENDATIONS: I1/2: MOTION: I move to approve the Final Plat for Three Rivers Crossing Division 2, Phase 2. III. FISCAL ENIPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Three Rivers Crossing development. The developer is now seeking final plat approval for Phase 2 of Three Rivers Crossing Division 2. B. Three Rivers Crossing is a single-family residential development located east of Convention Drive and north of Sandifur Parkway. V. DISCUSSION: A. 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 ($52,120) to cover the costs of outstanding improvements. B. 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(e) Overview Hayden Applicant:Map Homes Q File 09-006 r i si + won 5� 4111111.11NII������\� JIM cow5 AWN FBI I _l 'p Zlmi�.#+r , f� �-l�lS Yn• � ��'"�' x 3101S,t r ��� ������ �������� :'�°!� add ..z• __.� .a s� / Item: Three Rivers Crossing Div 2 Ph 2 Vicinity Ap � . . d- Map File #: FP 09-00 71 'NIS IN NN - 9 - 6 u fir► � �.i � �-�?���� �� � -�� �• �` - �. 1%fit*� r r f i^! h '�1 ` .•`rrP+ _. . _ WAS.. AGENDA REPORT NO. 36 FOR: City Council October 29, 2009 TO: Gary Crutchfield, City h� r 4_r Robert J. Alberts, Publii s Director FROM: Michael Mc, r ,ity Engineer Regular lvltg.: 11/02/09 SUBJECT: Local Improvement District (LID) No. 147 — Public Hearing & Ordinance to create LID for California Avenue from Broadway Boulevard to Bonneville Street and Bonneville Street from Oregon Avenue to California Avenue. 1. REFERENCE(S): 1. Assessment Map 2. Ordinance IL ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDA'T'IONS: 11/02: CONTINUE PUBLIC HEARING 11/02: MOTION: I move to adopt Ordinance , creating Local Improvement District 147 for California Avenue from Broadway Boulevard to Bonneville Street and Bonneville Street from Oregon Avenue to California Avenue and, further,authorize publication by summary only. M. 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. On September 8, 2009, the City Council approved Resolution No. 3182 declaring its intention to create the LID and set a Public Hearing date for October 19, 2009. B) Staff has mailed preliminary assessments and notices of the Public Hearing to all affected property owners in accordance with law. To date no property owners have protested the LID verbally or in writing. C) The proposed LID would construct California Avenue and Bonneville Street to a 28 feet wide roadway and include a 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 other LID's done in this area). 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. D) The Public Hearing is to solicit and hear testimony from those for and against the LID. If Council approves the Ordinance, the affected property owners will have 30 days in which to file formal written protest; if owners representing 60% of the preliminary assessments file written protests within that time period, the LID is null and void. Absent such appeal, final design and construction will follow. E) On October 19, 2009, Council opened a public hearing to receive public comment on this LID. The hearing was continued to November 2, 2009 to receive additional public comment. Staff mailed a letter to the affected property owners to provide additional clarification about the scope of the LID. V. DISCUSSION: A) A project needs to be created to complete California Avenue and Bonneville Street in the Oregon Avenue area. This area is zoned commercial. B) Staff recommends that the City Council adopt the Ordinance creating this LID. 7(a) 0 Cc-2 0 \, Co P CD coo CO 0 ro Ds.ut4 0 I'd + 0 O 1 ''• N �S w cow co r+- O 1 CD cyl'�y • fir, \, r, � � �.--'' r��a ,..--'" �.. � O cli NCPo ro -----EIRV NIrIXNVZld*N --_ __._-------- ------ r-- — ---------t — — . _ . . MOM r O co cn �---- — -----------J o L._._.__ _�__� --_--J --- — ---------------_. � .� .— .— i y CITY OF PASCO, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, relating to City street improvements; ordering the improvement 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 all in accordance with Resolution No. 3182 of the City Council; establishing Local hnprovement District No. 147, 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. 3182 adopted September 8, 2009, the City Council declared its intention to order the improvement 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, additional paving, and stone drainage systems as required; Resolution No. 3182 fixed October 19, 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 all objections to the proposed improvement were dilly considered by the City Council, and all persons appearing at such hearing and wishing to he beard 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, -l- 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 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, additional paving, and stonn drainage systems as required, 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. 147 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 $563,050.35 of which an estimated $54$,321.56 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. 147, 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. 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 -2- 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 $548,321.56. 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-terns 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 slrall 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 147 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-ternl 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 Irnprovernents 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 147 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 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 October, 2049. -3- Joyce Olson, Mayor ATTEST; Debra L. Clark, City Clerk APPROVED AS TO NORM: Leland B. Kerr, City Attomey -4- 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 Bomneville Street Avenue East Bonneville North Oregon Avenue North California Avenue Street Exhibit A 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 flat 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 I 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 Exhibit B - I 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 comer 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 corner of said block 163 and the point of beginning. Exhibit B - 2 CERTIFICATION 1, the undersigned, City Clerk of the City of Pasco, Washingtoti (the `'City"), hereby ccrtify 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 October , 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 October 2409. CITY OF PASCO, WASHINGTON Debra L. Clark, City Clerk AGENDA REPORT FOR: City Council October 27, 2009 TO: Gary Crutchfield; I �i• .ger Regular Mtg.: 11/2/09 Rick White, Community & Econ )mic Development Director FROM: David 1. McDonald, City Planner SUBJECT: ACCESS and UTILITY EASEMENT VACATION (Access and utility easements_ in the East half of Section 15, T9N, R29E)—(Linda Loviisa) (MF# VAC 09-012) I. REFERENCE(S): 1. Overview Map 2. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: Conduct Public Hearing 11/2: MOTION: I move to adopt Ordinance No. , an Ordinance vacating access and utility easements in Section 15, Township 9 North Range 29 East and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. AHO Construction is in the process of developing the Linda Loviisa subdivision located south of Burden BOrllevard and cast of the Soccer Complex. Several unused utility and access easements are located along the eastern portion of the proposed subdivision. Due to the subdivision lot layout and the fact that utilities have been located in other areas, these easements are no longer needed. The developer has petitioned to vacate the easements. B. The Council set November 2, 2009 as the date to consider the vacation. V. DISCUSSION: A. The proposed access and utility easement vacation has been reviewed by the city Engineering Department and the utility providers. B. The easements in question are no longer needed and can be vacated. 7(b) Item: Utility Overview Easement Applicant: Aho Const. Linda Loviisa ' Map File VAC 09-012 1' A + � • ••�:- �w -�_� ' irk•C R . • ti�1 R�;i +�4♦' r , +�tr;b •�i.NMi J� Y•rJr al _ r.'- - ~� � _ -;`__ .—__ � "I •r1 I- .' � ` '`� ..:_ � !1 <' 1. . � i ..7r.,J�•.[t - - - �t� � •r r"ffr n.�t� ,.�J� •.�••� •�+ %t � iN�ii01 a �44i•i.• ` _� { �`7•. rry■�� �+..•. u•r.►` ,�' ~•anaN +r .. � MW '/: �+•.l�iiiri■. •�.. Y. fy ;r .{ci �s T �•RY" uu,.a. s••� . n � � r• .:f.lN1. �. •.■•►. .r�■�._ - i � :f. - trvr ':� La •r.arr• .r� • lu . � to '$^ '"•f• .i La fr !ts o r •..sYe• � Nr fr �•.t• rart ' .f.- .. ,M i it.. ..1if ..� •-s .. �' f : u •■rL• a•� - r 1•'- � l _ •!d•is +U+►s.rA r•3• � 1• �. ,� h ti'a P Jr J •.�i� . •7'1: 1. �.. 'r + a • .'A ; .. � r.. f �- ,, •1i L iS � •� . qq 'may■ �r^i! • -•� f�ardt i W:I! � rRp��^if•Yr�_ r..�.._r d ar••...•�. •l1 .•.-'i i� ��.' i■. ♦ ..�iifi �r•�.[' :• t •�' `air■ Z{• { .'1•{ 1 _ - ■ ra r, .,, �i to . t � .�]f�. 1^•�y��y�v� -r �. •,ti1.•Y"rc+ r y .Vi F �•r�- V 1 J ,.��-'al� � �I �:•� � i•Y v`fr.:V, ire ,. • .' i t IMP, w 1 . •4 t. PAW d � "�.,, ..yrY +�• !1etQ 'J. _ itY>:Y '�Ni � :y;�fg( "►'~ •�,- y ■X . N•a r ii ` � .� iJRsa. _t�♦ ��s i :^�♦1�, �� °-- f T t• i l e �. - , Y / . `.• 1'1';1 '..�. 1 18 tea' r •,! Ilr!•-- . $ �� ( ���� rte. .. �, ." J'� •,i � � ♦, t _ a.—r � �f A ii Ta HST Vv-t {`yam_ w+.%-N 711�.►=� r i>. t 1tR� u � p�►' � r'1�'��.����� n � �w� � � } , o AMU fir' .+ I�l�.r+' �8'�s�i�[is1� •Y �r. �t ''•-..�.._.,.-- "=T�- - ���.�_ � ,YIti�11p WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3" Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING ACCESS AND UTILITY EASEMENTS IN SECTION 15, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M.. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain easements within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City; the City Council may vacate easements or rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said easement have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the north/south access and utility easements along the eastern margin of Section 15, Township 9 North, Range 29 East, W.M. as recorded under Auditor File #s 540627 and 349827, together with the sanitary sewer easements on Lot 1, Short Plat 2005-02, as depicted in Exhibit"1" be and the same are hereby vacated. Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 2nd day of November, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark CMC Leland B. Kerr City Clerk City Attorncy i Exhibit Item: Easement . Aho , .Const. ' #1 L--IFP File • VAC 09-012 13. 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'::+r■ 1/111■ /��tea,. ���M aar Ifjlj° �1 +••== M s:: aar�Ml��llr■iaialydll�l■I■r!a■r� •♦ • ; • yf�ri • .N ��1...r�rarfi a• .1. ~Aux. ia�./■ar►�iw�`j e1■.r r■■i■il■as• ♦�'S♦�fI.J\ :•. /a 4111.' ...�./.'atUi /■■H�111�■als ♦� ♦,A� Its i r:;.`• fafr Cjl C::,G ■Du■ii ,sa*♦sa♦ ♦� •+ /hljl l/j�r� Illlb '11 s srr■uo�■n■as♦ ■we ua•■,.�aa 1j111 11� \\r. t 1 i1 /♦♦� NUNN ►3•• +�.,� •,. /1 ��� �� 1 1 Ills �w���� � fa Qf i�ff%!,.rear♦sue �, a ii��ei ��`�.1�. ••�f�fj ljlf`Qfa�'i r f�.��� .�� � � ff`a1�fa11�1►�1 tf,�t<<��` 1111:111�I11/�� { �•��:�;�.._i ..'C�"' 111�II:'ll C�I1i111�N •��� i illy�-�.�=�■�:��:1i11i �::��� i�1111��111 ��i�i���� ■■��1111.1111. 11�1111111111.... AGENDA REPORT FOR: City Council October 27, 2009 TO: Gary Crutchfield, A, alter Regular Mtg.: 11/2/09 Rick White, (Z-4A Community & Eco mic Development Director FROM: David I. McDonald, City Planner SURJECT: SPECIAL PERMIT — (APPEAL) Location of a Corn Maze/Farm in an RS-20 Zone (2000 Block of Road 72) (Haywire Farms) (MF# SP 09-007 I. REFERENCE(S): 1. Vicinity Map 2. Binder containing Hearing Record* 3. Proposed Resolution approving the corn maze and farm 4. Proposed Resolution approving only a farm 5. Motions * (Attachments in Council packets only; copies available for public review in the Planning office, the Pasco Library or on the city's webpage at httn://www.t asco- wa.goy/generalinfo/citvco uncilreports) II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: A. CONDUCT A CLOSED RECORD HEARING. B. Council action based on the record (reports, correspondence and transcript) either (1) Approving the special permit as recommended by the Planning Commission; (2) Approving a Special Permit for a farm only; (3) Approving the Special Pen-nit with modified or additional conditions; (4) Rejecting the Special Permit request; or, (5) Remanding the matter back to the Planning Commission for further review on a specific issue. C. Recommended motions are provided in Reference#5. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On July 16, 2007 the Planning Commission conducted a public hearing to consider a Special Permit for the location of a coax maze and farm proposed for the field north of the Faith Assembly Church in the 2000 Block of Road 72. The Planning Commission recommended approval of a Special Permit for the corn maze/farm. B. Following the Planning Commission decision, adjoining property owners filed a written appeal of the Planning Commission's recommendation. The attached appeal petition explains the rcasoning behind the appeal. C. Following the appeal the City Council set a Closed Record Hearing for November 2, 2009. s(a) V. DISCUSSION: Consideration of an appeal occurs in the form of a "Closed Record Hearing" consisting of a review of the written record of the Special Permit application including the Planning Commission's deliberation. When considering this appeal, the City Council has the option of rejecting the application, accepting the Planning Commission's recommendation approving the application with additional conditions or approving only the farming portion of the application. In acting on the special permit application as per the criteria of PMC 25. 86.060 Council should detennine whether or not: (1) The proposal is in accordance with the goals, policies, objectives, neaps and/or narrative text of the Comprehensive Plan; (2) The proposal will adversely affect public infrastructure; (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; (4) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof, (5) The operations in connection with the proposal will 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; and (6) The proposal will endanger the public health, or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district. Any option the Council chooses to select for the Special Permit application will need to be supported by Findings of Fact. The Findings identified in the staff report to the Planning Commission can be used as Findings to support approval of the Special Permit as recommended by the Planning Commission or to deny the corn maze and approve the farm as recommended by staff. For any other action the Council will need to develop a separate list of findings, Staff recommends the Council use motion # 2A and # 2B to deny the corn maze and approve the farm. Item: Special Permit - Corn Maze/Farm VicinitY A , 1 licant: Haywire Fan (� Map y i File . SP 09-007 4 i If NO Wo XI JJ QQ `e9e91!1 1 �.%. : ' �� ��' •� • _ - ...may. �• •_.• ar tom', : REFERENCE#3 Resolution for Approval of a corn maze/farm RESOLUTION NO. A RESOLUTION APPROVING A SPECIAL PERMIT FOR PHILIPP SCHMITT OF HAYWIRE FARMS TO OPERATE A CORN MAZE AND FARM IN THE 2000 BLOCK OF ROAD 72. WHEREAS, Philipp Schmitt submitted an application for a Special Permit to locate and operate a corn maze and farm in the 2000 Block of Road 72 on June 30, 2009; and, WHEREAS, the Planning Commission held a public hearing on July 16, 2009 to review the proposed maze/farm application, and; WHEREAS, following deliberations on August 20, 2009 and on September 17, 2009 the Planning Commission recommended approval of a Special Permit for both the corn maze and farm with certain conditions; WHEREAS, the City Council reviewed the recorded for the corn maze/farm application in a closed record hearing on November 2, 2009; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Philipp Schmitt and Haywire Farms for a Corn Maze and Farm located in the 2000 Block of Road 72 (Parcel #s 118-481-037 & 118481-019) under Master File;l SP09-007 with the following conditions: (1) The special permit is personal to the applicant; (2) The applicant must provide the City with a designated parking and traffic control plan to be approved by the City Engineer to ensure vehicles use the church parking lot; (3) No on street parking is permitted; (4) A daily litter control plan must be provided to the City to be approved by the Inspection Services Manager; (5) A site security plan must be submitted to the City for police and fire review prior to the issuance of a business license; (6) Portable toilets and sanitation (hand washing) stations must be provided on site. The Inspection Service Manager will determine the number of toilets and sanitation station needed; (7) Sanitation stations must meet all applicable laws and regulations; (8) Portable toilets must be located out of direct sight from adjoining homes and be no less than 75 feet from any adjoining property lines or street right-of- way; (9) Any night lighting on the site must not spill onto adjacent properties. All lighting insist be shielded per PMC 12.32.020. (10) Illuminated signs are prohibited; REFERENCE #3 Resolution for Approval of a corn maze/farm (11) Signage must be limited to the entrance near the church parking lot. One directional sign is permitted on church property at the corner of Road 72 and Court Street; (12) No signage is permitted on Argent Road, Wernett Road or any other off-site location; (13) Event operations must cease by 9,00 pm on weekdays and 10:00 pm on weekends; (14) No amplified music or public announcement systems are permitted; (15) The applicant must at all times comply with City noise regulations (PMC 9.61); (16) The concession stand must be located adjacent to the church parking lot; (17) The corn maze must be setback 30 feet from the west property line of the site, 25 feet from Road 72 and 30 feet from the two homes on the west side of Road 72; (18) A two to three foot high fence is required around all areas planted with corn to stop corn leaves from blowing into neighboring properties; (19) The corn maze and festival activities will not be permitted until the applicant obtains a business license and approval of the parking and traffic plan and litter control plan; (20) The site cannot be used for produce stands selling produce other than pumpkins; (21) All temporary fencing, structures, portable toilets, concession stands and other items associated with the corn maze and festival activities must be removed from the site within 15 days of the close of the corn maze; (22) All fields used for crops (corn and pumpkins) mast be tilled and restored to a state similar to that which existed prior to the planting of the crops within 15 days of the close of the corn maze; (23) All fields must be treated (with a cover crop or by other means) for dust control within 15 days of the close of the corn maze; (24) Any farming activity under this Special Permit shall be operated by using best management practices for agricultural production; (25) The applicant must prepare a conservation plan approved by a farm service agency. A copy of the plan must be submitted to the city prior to the operation of the farm; (26) No irrigation water is permitted to be sprayed or otherwise drain onto the adjoining right-of-way; (27) Irrigation water and farm chemicals must be applied at agronomic rates; (28) The farm crop shall be limited to alfalfa or row crops such as pumpkins, tomatoes, watermelons, peppers, and etc. The definition of row crops does not include wheat, barley, buckwheat and similar grains; (29) No farm equipment is permitted to be stored on the site; (30) The Special Permit for the farming portion of the application shall be valid for a period of 3 years and will automatically extend for an additional 3 years if the applicant adheres to the conditions of Special Permit approval; REFERENCE #3 Resolution for Approval of a corn maze/farm (31) The Special Permit for the corn maze portion of the application is valid for a period of one year during either the 2009 or 2010 season. Any subsequent use of the site for a corn maze and associated activities will require Special Permit review. (32) The Special Permit shall be null and void for the farming portion of the application if the farming activity has not begun by June, 2010. Passed by the City Council of the City of Pasco this 2nd day of November, 2009 Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland R. Kerr, City Attorney REFERENCE #4 Resolution for approval of a farm only RESOLUTION NO. A RESOLUTION APPROVING A SPECIAL PERMIT FOR PHILIPP SCHMITT OF HAYWIRE FARMS TO OPERATE A FARM IN THE 2000 BLOCK.OF ROAD 72. WHEREAS, Philipp Schmitt submitted an application for a Special Permit to locate and operate a corn maze and farm in the 2000 Block of Road 72 on June 30, 2009; and, WHEREAS, the Planning Commission held a public hearing on July 16, 2009 to review the proposed maze/farni application, and; WHEREAS, following deliberations on August 20, 2009 and on September 17, 2009 the Planning Commission recommended approval of a Special Permit for both the corn maze and farm with certain conditions, WHEREAS, the City Council reviewed the recorded for the corn maze/farm application in a closed record hearing on November 2, 2009; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Philipp Schmitt and Haywire harms for a Corn Maze and Farm located in the 2000 Block of Road 72 (Parcel #s 118-481- 037 & 118-481-019) under Master rile# SP09-007 with the following conditions: (1) The Special Permit is personal to the applicant; (2) The Special Permit shall be for farming only and does not permit the use of the property for a corn maze, a fall festival, or anything like unto it; (3) The farm shall be operated by using best management practices for agricultural production; (4) The applicant must prepare a conservation plan approved by a Iarm service agency. A copy of the plan must be submitted to the city prior to the operation of the farm; (S) No irrigation water is permitted to be sprayed or otherwise drain onto the adjoining right-of-way; (6) Irrigation water and farm chemicals must be applied at agronomic rates; (7) The farm crop shall be limited to alfalfa or row crops such as pumpkins, tomatoes, watermelons, peppers, and etc. The definition of row crops does not include wheat, barley, buckwheat and similar grains; (8) No farm equipment is permitted to be stored on the site; (9) The Special Permit shall be valid for a period of 3 years and will automatically extend for an additional 3 years if the applicant adheres to the conditions of Special Permit approval; REFERENCE #4 Resolution for approval of a farm only (10) The Special Permit shall be null and void if farming activity has not begun by April, 2010. (11) Passed by the City Council of the City of Pasco this 2"d day of November, 2001 Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney REFERENCE #5 Motion Options The following motions can be used for action on the Corn Maze /Faun Special Permit 1) Motion to Accent Planning Commission Recommendation: (Not Recommended by Staff) Motion 1: I moved to concur with the Findings of Fact of the Planning Commission and approve Resolution No. approving a Special Permit for a corn maze and faun in the 2000 block of Road 72. 2) Motion to Approve a farEa onlAr: (Recommended by Staff) Motion 2 A: I move to adopt the Findings of Fact for a farm only as contained in the staff report to the Planning Commission. Motion 2 B: Based on the Findings of Fact as adopted I move to approve Resolution No. approving a Special Permit for a farm only in the 2000 block of Road 72. 3) Motion to Approve a Corn Maze and Farm with modified conditions: Motion 3: i move to table action on the Special Permit application until December 7, 2009 to allow staff time to prepare an approval resolution with the following additional or modified conditions (list the conditions). 4) Motion to deny the Special Permit: Motion 4: I move to table action on the Special Permit application until December 7, 2009 to allow staff time to prepare findings to support denial of the Special Permit. 5) Motion to remand back to the Planning Commission: Motion 5: I move to remand the matter back to the Planning Conunission for further review on (list the items of concern that need additional review or clarification). AGENDA REPORT FOR: City Council October 27, 2009 TO: Gary Crutchfield, C eager Regular Mtg.: 11/2,109 Rick White, Community & Econonuc Development Director FROM: Shane O'Neill, Planner I SUBJECT: REZONE - Rezone from R-1 (Low Density Residential) to C-1 (Retail Business (MF# Z09-006) 1. REFFRENCE(S): 1. Proposed Rezone Ordinance 2, Planning Commission Report 3, Planning Commission Minutes: Dated 9/17/09 and 10/15/09 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/2: MOTION: I move to adopt Ordinance No. granting a rezone for a parcel of land at 4215 West Court Street from R-1 to C-1 with a concomitant agreement as recommended by the Planning Commission and, further, to authorize publication by summary only. 111. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On September 17, 2009, the Planning Commission conducted a public hearing to determine whether or not to recommend a rezone from R-1 (Low Density Residential) to C-1 (Retail Business) for a 0.68 acre parcel located at 4215 West Court Street, B. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend a change in zoning for the property in question with a concomitant agreement. The concomitant agreement is attached. C. No written appeal of the Planning Commission's recommendation has been received. S(b) ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,AMENDING THE ZONING CLASSIFICATION OF LOT 2 AND THE WESTERLY 50 FEET OF LOT 1, BLOCK 1 CLINE ADDITION FROM R-I (LOW DENSITY RESIDENTIAL) TO C-1 (RETAIL BUSINESS) W1TR A CONCOMITANT AGREEMENT. WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS,that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification, NOW, THEREFORE, TIDE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from R-I (Low Density Residential) to C-1 (Retail Business) for the real property as shown in the Exhibit "1" attached hereto and described as follows: Lot 2,Block 1 Cline Addition together with the westerly 50 feet of Lot 1, Block 1 of said plat— Section 2. That the change of a zoning classification as provided in Section 1 is contingent, and conditioned upon execution and compliance with a Concomitant Agreement entered into between the Petitioner and the City which will attach to and run with the real property described in Section 1 above. Said Concomitant Agreement is attached to this Ordinance as Exhibit No. "2" Section 3. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 2sd day of November 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, CMC Leland B. Kerr City Clerk City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , rezones Lot 2, Bk 1 and the W 50' of Lot 1, Bk 1 Cline Addition from R-1 (Low Density Residcntial)to C-1 (Retail Business)with a restriction on car washes. The ful l text of Ordinance No. , is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293, Pasco, Washington 99301. Debra Clark, City Clerk Vicinity Item: Rezone - R- 1 to C- 1 Exhibit Applicant: Verl Goodwin x Map File #: Z 09-006 #1 W AGATE ST N Q W RUBY ST yy RUBY ST (D Q SITE Q COURT ST BROWN PL W BROWN ST v' CL y W MARIE ST EXHIBIT # 2 CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Pasco, Washington, a non-charter code city, under the laws of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of property within its jurisdiction; and WHEREAS, the Owner(s) of certain property have applied for a rezone of such property described below within the City's jurisdiction; and WHERICAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone; and WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance with the Pasco Municipal Code provisions relating to the use and development of property situated in the City of Pasco, described as follows: Lot 2, Block 1 Cline Addition together with the westerly 50 feet of Lot 1 of said plat. WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insure compliance with the Pasco Zoning Code, and all other local, state and federal laws relating to the use and development of the above described property; and WHEREAS, the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this concomitant agreement, NOW, THEREFORE, In the event the above-described property is rezoned by the City of Pasco to C-1 (Retail Business) and in consideration of that event should it occur, and subject to the terms and conditions hereinafter stated,the applicant does hereby covenant and agrrce as follows: 1) The Owner(s) promise to comply with all of the terms of the agreement in the event the City, as full consideration herein grants a rezone on the above-described property. 2) The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement. 3) This agreement shall be binding on their heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 4) Conditions: 1) The development shall comply with the following requirements: a) Carwashea are prohibited. 5) Legal Description: Lot 2, Block 1 Cline Addition together with the westerly 50 feet of Lot 1 of said plat. The person(s) whose names are subscribed 'herein do hereby certify that they are the sole holders of fee simple interest in the above-described property: Owner: Signature: STATE OF WASHINGTON) )ss. County of Franklin) On this day personally appeared before me to me known to be the I of the partnership that executed the within and foregoing instrument, and acknowledged that said instrument to he the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that he was authorized to execute said instrument. Given under my hand and official seal of day of , 2009. Notary Public in and for the State of Washington,residing at Owner: Signature: STATE OF WASHINGTON) )ss. County of Franklin) On this day personally appeared before me to me known to be the of the partnership that executed the within and foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that he was authorized to execute said instrument. Given under my hand and official seal of day of , 2049. Notary Public in and for the State of Washington, residing at CONCOMITANT ZONING AGREEMENT PAGE 2 OF 3 Owner: Signature; STATE OF WASHINGTON) ss. County of Franklin) On this day personally appeared before me to me known to be the of the partnership that executed the within and foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that he was authorized to execute said instrument. Given under my hand and official seal of day of , 2009. Notary Public in and for the State of Washington,residing at CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3 REPORT TO PLANNING COMMISSION MASTER FILE NO: Z09-006 APPLICANT: Verl Goodwin HEARING DATE: 9/17'/2009 1851 Bellevue Rd. ACTION DATE: 10/ 15/2009 Pasco, WA 99301 BACKGROUND REQUEST: REZONE: Rezone from R-1 to C-1 4215 W. Court Street 1. PROPERTY DESCRIPTION: Legal: Lot 2, Block 1 Cline Addition together with the westerly 50 feet of Lot 1 of said plat General Location: 4215 W. Court Street Properl v Size: 0.68 Acres 2. ACCESS: The property has access from Court Street. 3. UTILITIES: All municipal utilities are available at the site. 4. LAND USE AND ZONING: The site is currently zoned R-1 (Low Density Residential) and is vacant. Surrounding properties are zoned and developed as follows: North: R-S-12 Single Family Residences South: R-S-12 Single Family Residences East: R-1 Single Family Residence West C-1 Retail Business 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for commercial uses. This designation encourages the development of retail businesses, service businesses and offices. The rezone proposal is consistent with the Plan. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a Determination of Non-Significance (DNS) in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS The applicant is seeking a rezone for the property in question from the current R-1 (Low Density Residential) zoning to C-1 (Retail Business) zoning. No associated development is proposed at this time. 1 This property was annexed in 1987, and zoned R-i to avoid creating a non- conformity due to the fact the adjacent single-family residence was parceled together with the property in question. The site has remained vacant ever since annexation to the City. The adjacent properties to the west are zoned C-1 and contain a flower shop and a Seven-Eleven convenience store. A convenience store has been located on the corner of Road 44 and Court Street since 1964. The Flower Basket property was originally developed with a retail building in 1980 and then rebuilt several times beginning in the late 1990's. Due to the size and shape of the lot coupled with the fact it is located on a heavily traveled arterial, the property is somewhat difficult to develop for residential purposes. However, the traffic volumes at this location may be considered an asset for commercial development. The site is located within a contiguous corridor extending along Court Street which is identified for commercial uses on the Comprehensive Plan Land Use Map. The proposed rezone is consistent with the Plan. The zoning regulations anticipate situations where"commercial properties may adjoin properties with less intense zoning such as the lots to the north of the site which are zoned R-S-12. if the parcel in question were to be rezoned to C- 1, future development on the site would be required to include a landscaped buffer along the north property line. While the Comprehensive Plan indicates the site should be used for commercial purposes and zoning regulations require protective buffers, there still may be some uses that would not be appropriate for the site. Uses such as car washes have been proven to be incompatible activities next to residential areas. The Planning Commission has the option of limiting uses such as car washes through the use of a concomitant agreement. Currently, all municipal utilities are available to the site in Court Street and are of adequate capacity to serve commercial development. The site has good access from Court Street. The site has adequate lot frontage to support a commercial ingress/egress driveway. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: • Since annexation the adjoining property to the west has been redeveloped with a larger retail business. 2 • Since annexation, retail and office development has expanded at both Road 40 and Court Street and Road 44 and Court Street. • Sewer utilities have been installed in Court Street and surrounding streets since the property was annexed. • The Riverview Methodist Church at the corner of Road 40 and Court Street (500 feet to the east) is expanding and redeveloping. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The rezone will enhance development opportunities which may lead to the property being utilized for productive purposes. Development of the property will eliminate the unkempt condition of the property. Developed properties contribute more fully (through taxes, fees and licenses) to the funding of municipal services thereby promoting the general welfare. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan: The proposed rezone is supported by the Comprehensive Plan and would be considered a proper implementation of the Plan. Other commercially zoned properties on the block have co-existed with the residential properties to the north since the early 1950's. A search of the Franklin County Assessor's records indicate the value of residential properties to the north of the existing C-1 properties have increased in value in recent years. 4. The effect on the property owners if the request is not granted: The property is currently undeveloped and has been for many years. Without rezoning the property the owners will have land zoned contrary to the Comprehensive Plan designation. it will be difficult to develop the property in a manner consistent with the current R-1 zoning in this location. S. The Comprehensive Plan land use designation for the property: The Comprehensive Plan designates the site for commercial development. The proposed rezone is for C-1 (Retail Business) which is consistent with the Plan. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. 3 The Planning Commission may add findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is zoned R-I (Low-Density Residential). 2) The site is vacant. 3) Adjoining properties in the same block have been zoned C-I and developed retail businesses prior to annexation in 1987. 4) The first retail business was located on the block in 1964 at the corner of Road 44 and Court Street. 5) Since the late 1980's retail and office development has occurred near the intersection of Road 44 and Court Street and Road 40 and Court Street. 6) Sewer service is now available in Court Street. 7) The Comprehensive Plan designates the site for commercial uses. 8) The zoning regulations require commercial developments to construct a landscaped buffer along common property lines with residential uses. 9) The site is located adjacent to shopping areas, employment areas, and transit routes. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in P-W.C. 25.88.060 and determine whether or not: (1) The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the land use map and various Goals and Policies of the Plan. Policy LU3-B encourages inf(l in support of more intensive/walkable neighborhoods. Policy LU-3-D encourages mixed-use development to promote walkable communities. The proposal promotes the potential to develop the site with a business that will serve the surrounding neighborhood making it a more convenient place to live. Policy LU-1-C encourages the clustering of commercial development and discourages strip development. The Plan (Policy LU-4 A) also encourages the location of commercial activities at major street intersection. The property in question is in an area that was partially developed for commercial uses when the area was in the county. The future Land Use Map recognized the commercial nature of surrounding properties and the fact that the site was functionally convenient to development at major street intersections. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. 4 According to Franklin County Assessor records, property values for single-family units in the neighborhood have increased over the last 5 years. Such is true for those residences north of and adjacent to the Seven-Eleven convenient store/filling station directly to the west. The Seven-Eleven store has been located on the block since 1964. Zoning regulations require commercial development to install protective buffers between commercial and residential uses to minimize compatibility issues that may be detrimental to residential uses. To further address possible adverse impacts, the Planning Commission has the option of requiring the applicant to enter into a concomitant agreement. (3) There is merit and value in the proposal for the community as a whole. The proposal has merit because it will allow inftll development to occur consistent with the band Use designation provided in the Comprehensive Plan. Enabling the property to develop commercially will implement the Comprehensive Plan and promote the community's welfare. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. In the past car washes located in commercial zones adjacent to residential neighborhoods have created compatibility problems. Automotive repair facilities and similar services may also create compatibility issues. These problems can be eliminated by requiring a concomitant agreement. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. The petitioner should enter into an agreement with the city to minimize impacts that may be associated with certain uses that have had a history of incompatibility with nearby residential development. RECOMMENDATION MOTION for Findings of Fact: I move the Planning Commission adopt the Findings of Fact as contained in the October 15, 2009 staff report. MOTION for Recommendation: I move, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council rezone the site from R-1 (Low Density Residential) to C-1 (Retail Business) with a concomitant agreement precluding carwashes. 5 Item: Rezone - R- I to C- 1 Vicin i ty Applicant: Verl Goodwin N Map p File #: Z 09-006 W A ATE ST IF Ix 2-- W IRj U BY ST n_ W RUBY ST SITE, + a Oi ry+11 lwr � a . WV S1 VIP 1 a " 1 ♦"- OWN\N ILZ 5 - \ W Land Item: Rezone - R-1 to C- 1 Use Applicant: Verl Goodwin N Map File #: Z 09-006 W AGATE ST N + SFDu1s 0 SFDU's - u'SP S F D W RUBY 5T W RUBY ST Q SITE Q ce COURT ST Commercial— Commercial- BROWN L W BROWN sr SFDU's 177 SFDU's Vacant a r uj W MARIE ST � Item: Rezone - R- 1 to C- 1 Zoning Applicant: Verl. Goodwin N Map File #: Z 09-006 W AGATE ST R_1 0 RS-20 - RSA 2 RS=1 2 .�:.. W RUBY ST (County) .0 W RUBY ST � SITE I { 1� 91 IRA Ice Q al ' 1 0 v R 1 CA COURT ST ! �. .._. BROWN P<_i � RS-12 RS-12 �- W BROWN ST J f RS=12 W MARIE ST -- - PLANNING COMMISSION MINUTES 9/17/09 PUBLIC HEARINGS: A. REZONE Rezone from R-1 to C-1 (4200 Block of Vilest Courts (Goodwin) (MF# Z 09-0061 Chairman Samuel read the master file number and asked for comments from staff. Staff explained the applicant had applied to rezone the property in question from R-1 to C-1, Staff discussed the site location and reviewed surrounding zoning and land uses along with other information contained in the written staff report. Verl Goodwin, 557 Fir Road, Eltopia stated they inherited the property and would like to rezone the property before it is sold. Rick White, Community 8v Economic Development Director stated the Findings of Fact were prepared to support a recommendation for approval. Commissioner Little questioned the fence on the property. Mr. Goodwin stated the fence will be moved to the new property line and the vacant lot will be restored without a fence. The public hearing was opened for public comment, after three calls and no response, the hearing was closed_ Mr. McDonald, City Planner, stated when the report was being developed there was discussion that some uses would not be compatible with the homes to the north such as; car washes, and related facilities, etc. Staff is recommending approval of the rezone with a concomitant agreement. Commissioner Anderson moved, seconded by Commissioner Hay, to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of Findings of Fact, Conclusions and a recommendation to the City Council for the October 15, 2009 meeting. The motion passed unanimously. PLANNING COMMISSION MINUTES 10/15/09 OLD BUSINESS: A. REZONE Rezone from R-1 to C-1 (4200 Block of West Court) (Goodwin) (MF# Z 09-006) Chairman Samuel read the master file number and asked for comments from staff. Staff explained a concomitant agreement restricting carwashes has been written and will be signed before going to City Council. Commissioner Anderson moved seconded my Commissioner Little, the to adopt the Findings of Fact as contained in the Oct. 151h 2009 staff report. The motion passed unanimously. Commissioner Anderson, seconded by Commissioner Little, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council rezone the site from R-1 (Low Density Residential) to C-1 (Retail Business) with a concomitant agreement precluding carwashes. AGENDA REPORT FOR: City Council October 28, 2009 TO: Gary Crutchfield, C ger FROM: Rick White 21�--{ Regular Mtg.: 11/02/09 Community & Econ mic Development Director SUBJECT: Local Improvement District (LID) No 146 for the Kurtzman Park Neighborhood Im rovements—Phase 1. I. REFERENCE(S): 1. Vicinity Map 2. Ordinance 3932 ORIGINAL boundaries and costs 3. Map with ORIGINAL LID boundary 4. Ordinance 3932 AMENDED boundaries and costs 5. Map with REVISED LID boundary 6. Financial comparison of the two options H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/02: ACTION: A motion to adopt Ordinance 3932 with the ORIGINAL boundaries was made and seconded at the September 8"' Council meeting. If Council elects to create the LID with the ORIGINAL boundaries, then a vote in favor of the original motion on the table should occur. If Council elects to revise the boundaries by removing Sycamore north of Alton, the following motions should be made and approved: MOTION: I move to amend Ordinance 3932 creating LID No. 146 for Kurtzman Park Neighborhood Improvements Phase I, by removing properties on Sycamore Avenue north of Alton Street and reducing the cost accordingly as presented in the proposed amended Ordinance 3932. MOTION: I move to adopt Ordinance 3932, as amended. III. FISCAL IMPACT: Conununity Development Block Grant (CDBG) 2007/2008 allocations of approximately $297,000, CDBG 2010 allocations of approximately $140,000 and American Recovery and Reinvestment Act (ARRA) CDBG funding of approximately $153,000. IV. HISTORY 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 I. Of the 14 residents attending, almost all were interested in moving 9(a) forward with the LID process — reserving any commitment until more formal cost estimates from the preliminary assessment roll were established. C. At the September 8, 2009 Council Meeting, Council considered testimony for and against the LID. Several citizens owning property on Sycamore Avenue north of Alton Street testified in opposition to the LID. In response to this testimony, staff has developed a revised phasing and financing approach to the Kurtzman Neighborhood Improvement LID that removes Sycamore Avenue north of Alton Street. This would allow the remainder of the LID to go forward in the highest priority areas identified in the Kurtzman Park Action Plan. The priority area was based on the density of housing, the ability to finish installing sidewalk where curbing exists and on the direct walking route to the school, park and youth center located southeast of W ehe and Lewis. D. Council considered the revised boundaries and impacts on future financing and installation of infiastructure in the Kurtzman neighborhood at the October 261x', workshop meeting. At that workshop, Council indicated an intent to revise the boundaries of LID 146 by removing Sycamore Avenue north of Alton Street. �'. DISCUSSION: A. In both options, the city would apply 1/3 of the estimated construction cost from previously allocated CDBG funds and CDBG — ARRA stimulus money of 5153,000 to the LID. In the original boundaries — this reduces the cost to the LID by $352,000 or about 58%. In the revised boundaries, this reduces the cost by $296,000 or about 69% (see Reference 4), B. Both options leave allocated CDBG funds to cover the expected amount of LID assistance that may be requested. A portion of the allocated CDBG funds will also remain to apply towards the next phase of the neighborhood improvement plan — this amount dcpcnds on the option chosen and on the amount of LID assistance actually provided. C. Staff has prepared an initial estianate for each parcel that includes potential total costs of the LID process and also includes additional CDBG area-wide contributions. For comparison, the most common and lowest assessment has dropped in the original boundaries from $6,663 to $4,252; and in the revised boundaries that same figure has dropped to $3,423. D. Over the next two or three years, it is expected that a combination of additional CDBG funds frorn existing and future allotments and LID Strategies could complete the remaining infrastructure improvements for the neighborhood; however it is not likely that future phases of the Kurtzman Park Neighborhood LID will enjoy the contribution of federal stimulus dollars; nor is it likely that the bidding climate will remain as favorable as it currently is. E. Neighborhood improvement in areas lacking or experiencing decay of infrastructure is a Council goal for 2008/09. The use of CDBG and AUZ-A monies reduces the overall costs of the LID and minimizes the impact of improving neighborhood infrastructure on low income households. Vicinity Kurtzman Park Area N Map �I� `�- 7� �+ ••���, :.f 9r— �' \� T � if• ��a..: LY:.�•a•` ^,..�. � � �7`• yr �•„ * � *�; •? � .rte .•.•�.r.� r k �}j :�::�� t�.�S�_,., •'� y�r{'...; �..f _ ti w[�. r •�i 3 :� � �, ��r—i '�' 'r r � .::�� ` •h ��►.� t„�::.f. '•i A. �, 'Y; •„►y'�j f.'l.y. T_n i� �r1f c"�L''`' , i�� ¢i+�F"a`>1� 5`' .{ �' �} r••M+l''+"'�"�'r '/' •. •V `'��' ! '�j;/'.°a'1' - i'� •b•+�, °j .Cra r�►�•• ... . r' .,r1•��;�!Ea:.• •�►,r?+ rrp.;- r� '�,. f"•' .�• -�1�•'�'�y,, '�ryyyylike �� y r [s�} y � Ri a .'+r► s 1��;:1 it f { •1y r 1 ..(( y*�� ' :�is• 6C'-�+s°o..' �L 'i`{/d. 1_�•3-L`L. - _.- - _ _-.-� __—.. Y.".°9 {�A _ - y Vrz i4r1F lWjw•�+r:ww is - 'R$�"} 7�-;�•f r11 r� .��n�'s^�l^t ��_. i �� ��r �r'� t �"�'� r { i. �'�;'!r'�.� q� �L' <,I a,4� ,� -'S i �}'* "�'` 7}.ti s , i• _ 1�f-` fir.+-` r •t - a y 'p f b ♦ .•1 r.•�. v y "' ,�r•,s�' � .g�!�, 1 `.��' F•a `. -�•� i[[-� .��;?35-;5.' �,;�^-r'slq� T. .0'..• y.-�•, y� •:. �: ,f � � �l��.-�T.�•- � �1�,i..��,."��..�"'P:t � Vie, ,I A rA FX jot�1T f•, ,Yy tiw ��..`` t•_• / �� �-t'+ Freir• :_��.y_ OLD, CITY OF PASCO, WASHINGTON ORDINANCE NO. 3932 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 bome 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 TIME CITY OF PASCO, WASHINGTON, ROES 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 $48$,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 lmprovements 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 Olson, 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 1 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 125 feet south of 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 Ccdar 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 cast 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 lot 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 duty 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 Allow- ff F7 I I It 00 � 3 � 3 (^ 3 • >' SYCA Z, r --i V APO J 41000 — - p N CL WALDEMAR AVE • ' • ' • • • • • �y~y�S et � • O A. tv CAA �} - � m � r m n • CITY OF PASCO, WASHINGTON ORDINANCE NO. 3932 AMENDED AN ORDINANCE of the City of Pasco, Washington, relating to City street improvements; ordering the improvement to approximately 3400 feet in total, of Elm 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 tirne 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 expelxse 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 -1- 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 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 amended the extent of improvements to exclude Sycamore Avenue north of Alton Street and South of Lewis Street and to reduce the estimate of cost and expense accordingly; 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 3400 feet in total, of Elm 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 $525,629 of which an estimated $171,171 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 -2- 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 RCPT. 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 $171,171. 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-terns 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. -3- 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 diagrarn 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 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 November, 2009. Joyce Olson, 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 1 The LID is to include the work of installing club, 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 146 feet north of 125 feet south of 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) Elan Avenue 150 feet north of Lewis Street (east side) Alton Street Exhibit A EXHIBIT B LID No. 146— Kurtzmans Park Neighborhood Improvements Phase 1 Legal description of the boundary: That portion of the south lialf of Section 28, Township 9 North, Range 30 East, W 1I. 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, tiled 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 centcrlicic 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 S feet southerly of the south line of Iot 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 13 - 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 comer 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 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 the plat of Acre Park Addition filed for record in the office of the county auditor, Franklin County, Washington; thence southerly, along said parallel line to a line that is the westerly projection of the south line of lot 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 northerly along the east line of lots 10 through 13, all of block 3, to the southeast comer of said lot 2, of Short Plat 99-23 and the point of beginning. Exhibit B - 2 CERTIFICATION 1, 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, tale 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 November , 2049, 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 gUOr11111 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, J have hereunto set my hand this _ day of November 2009. CITY OF PASCO, WASHINGTON Debra L. Clark, City Clerk T V V D SY • I� • • • • • _ `s 1. AVC � I • i r' m � _L • • i s • • • • • i • • O�Q WALDEMAR"E * i • • • • • • • x • r c� m d � r h 0 rn r • A REFERENCE #6 ORIGINAL PHASING (Includes Sycamore north of Alton Street) X60500 Estimated construction costs 199,000 CDBG area-wide assistance at 113 of the construction costs _ 1 $153,000 CDBG-ARRA stimulus funding $253,000 Remaining construction costs to assign to the LID, approximately 42% of the estimated construction cost REVISED PHASING (Removes Sycamore north of Alton Street) $431,000 _I_Estimated construction costs 1 $143,000 CDBG area-wide assistance at 113 of the construction cost $1531000 CDBG-ARRA stimulus funding — $1351000 Remaining construction costs to assign to the LID, approximately 31% of the estimated construction -- -- - cost AGENDA REPORT FOR: Cite Council October 29, 2009 TO: Gary Crutchfie Oanager FROM: Rick Terway, Di ctor Administrative & C ty Services Regular Mtg.: 11/02/09 SUBJECT: Acceptance of Bids for improvements to the Martin Luther King Center I. REFERENCE(S): 1. Bid tabulation sheet II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 11/02: Discussion 11/02: Motion: I move to award the contract for the remodel of the Martin Luther King Center Project to Dardan Enterprises, Inc. in the amount of$103,461.00 plus sales tax, including the base bid and alternate bid number one (1) Accessibility to Gym and alternate number two (2) Hot Water Heater Upgrades and further, authorize the Mayor to sign the contract. 111. FISCAL IMPACT: Funding received through a CDBG Grant, IV. HISTORY AND FACTS BRIEF: A) As part of the 2009 capital improvement program council approved improvements to the Martin Luther King Center, B) The area of improvements is to the stage and back stage area. This area is not used for the original intent of stage and back stage area. The remodel would allow for a fitness/training area. There would also be improvements for accessibility for the physically challenged to enter the gym area, C) Tetra Tech, Inc., architect retained by the City, reviewed Darden Enterprises, Inc. background and experience and recommends them for this contract. 1o(a) ' CITY OF PASCO 3 MARTIN LUTHER DING 4R.C WVNITY CENT R PROJECT#135-12371-09001 NtOwirg 2,30 PM J_28 QCTaQEI GENERAL CONTRACTOR DCM Construc6on, Inc. Hughes Commercial Modern Construction & Ziegler Construction, Constr., Co. Consulting Services Co. BASE BID 110,000 106,834.45 105,950 101,500 ALTERNATE BID ITEM#1 4,453 4,110.00 2,100 2,150 ALTERNATE BID ITEM#2 1,376 2,654.40 2,100 2,830 z Krerr Construction, S&K Mountain Chervenell Construction w GENERAL CONTRACTOR Inc. Construction, Inc. Company Dardan Enterprises, Inc. ~ BASE BID 105,600 124,328 105,825 97,818 ALTERNATE BIO ITEM 91 5,300 4,002 2,221 3,894 ALTERNATE BID ITEM#2 2,600 2,212 2,932 1,749 r~ GENERAL CONTRACTOR G2 Construction, Inc LD BASE BID 106,900 ALTERNATE BID ITEM 91 2,700 LO ALTERNATE BID ITEM #2 2,950 m m Apparent Lowy Bidder is: Dardan Enterprises, Inc. `V Engineering&Architemre Services m N =JCiCO1 n+�k'rnnt:n•.z,SttEC IrI_�ich'anc ti'ff,94's`_7 12371-09001 BIDOPENFORM.DOC ref 509.9,Q 6':&l Fax 5Ct?_942.677C x.,w tctztr hr,.^ I, AGENDA REPORT NO. 02 FOR: City Council October 29, 2009 TO: Gary Crutchfield, ' y M Robert J. Alberts, r s irector FROM: Jess Greenough, Field Divisions Manager Regular Mtg.: 11/02/09 SUBJECT: Award Commercial Avenue Water and Sewer Pipelines Project#10-2-01 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 11/02: MOTION: I move to award the low bid for Commercial Avenue Water and Sewer Pipelines Project #10-2-01 to Premier Excavation in the amount of $456,618.00, plus applicable sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: A) The City of Pasco received an $800,000 grant from the Washington State Department of Community, Trade and Economic Development for the Reconstruction of Commercial Avenue (Capitol Avenue) south of Foster Wells Road. The grant application showed the City installing the utilities prior to the construction of the road. V. DISCUSSION: A) On October 29, 2009, staff received ten (10) bids for the installation of water and sewer lines in Commercial Avenue, Project #10-2-01. The low bid was received from Premier Excavation in the amount of $456,618.00, plus applicable sales tax. The second bid received was in the amount of$477,566.00 plus applicable sales tax. The Engineer's Estimate for the project is $685,387.50,plus applicable sales tax. The Commercial Avenue Water and Sewer Pipelines projects are shown in the 2010 to 2025 CIP Program. In order to accommodate the road project scheduled to be under construction in February 2010, the utility projects needed to be advanced in time. Staff recommends award of this contract to Premier Excavation. 1Q(b) City of Pasco Commercial Avenue Project No. 10-2-01 October 29, 2009 BID SUMMARY Total Engineer's Estimate $6855387.50 1. Premier Excavation $456,618.00 2. NIRM Construction, Inc. $477,566.00 3. Mahaffey Enterprises, Inc. $499,595.00 4. Advanced Excavation, Inc. $511,078.00 5. Ray Poland & Sons, Inc. $512,1 80.00 6. Advantage Dirt Contractors $5455426.77 7. Knife River $563,700.00 8. Big D Construction $580,070.00 9. Sharpe & Preszler Construction Co., Inc. $643,475.00 10. Johansen Excavating, Inc, $654,705.00 COMMERCIAL AVENUE I 4 I lid ' lip it r f.r. r _�ri ��. •r ':c �'a}y`` l�4• PROJECT LOCATION sy �: S'; eli mil •, i t' ,a ��e h � � 1 •��'-'� � . s` AIRPOR �,'` 1 ��t��' ;`' �`��• � i .\` 1�: '`2"�L�`�`� - ,.-.,rte„ '� µ�1j55,� •�� `� 1 �\,\ �� �.r.•k �.� ".1'.�r lrttCl.?11F�-. \.f •� ' , l f -'�',`��F,;, -;�`. ✓l r.•`.Y'.lrylt�`i�4 �� �''�y.117'} +..+R. .�._ 3;� e.t�.k. , •mss .�� �4" AGENDA REPORT NO. 34 FOR: City Council "' October 14, 2009 TO: Gaiy Crutchfielf C'ty ; Robert Albert s�li r s ector FROM: Michael Mc,1i r ��ity l igincer Regular Mtg.; 11/02/09 SUBJECT: Award 2009 Sewer Lining Project, 409-1-01 I. REFERENCE(S): I. Bid Summary 2 Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/02: MOTION': I move to award the low bid, including alternate area 1, 2, 3 & 4, for the 2009 'Sewer Lining Project, #09-1-01 to RePipc- C:aiifornia, Inc. in the amount of$346,242.50, plus applicable sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Public Works - Sewer Fund IV. HISTORY AND FACTS 13RIEF: A) On October 14, 2009, staff received four (4) bids for the 2009 Sewer Lining Project, 409-1-01. The low bid, including all applicable alternates, was received from RePipe-C;alifbrnia, Inc. in the amount of$346.242.50, plus applicable sales tax. The second bid received was in the amount of$415,261.00. The Engineer's Estimate for the base bid is $400,000.00, and including all alternates is $531,000.00. V. DISCUSSION: Staff previously evaluated the condition of existing sewer mains to determine Tripes in need of rehabilitation or repair. Sewer lines throughout the city have been identified and prioritized based on the condition of the pipes. Over the past four years, the program has lined approximately 48,500 linear feet of 8" through 15" sewers and is anticipated to continue for the next 5 years as outlined in the Capital Improvements Plan. The scope of work for the 2009 Sewer Lining Project includes lining of approximately 10,500 feet of cured hi place pipe lining in 8" gravity sewer, 800 feet of cured in place pipe lining in 12" gravity sewer, 300 feet of cured in place pipe lining in 18" gravity sewer and 750 feet of cured in place pipe lining in 24" gravity sewer. The project also identified additional 8, 10, and 12 inch pipes in alternate areas which will he lined in future projects clue to budgetary constraints. The budget for the 2009 is 5400,000.00. Staff recommends award of this contract to RePipe-California, Inc. 10(c) City of Pasco 2009 Sewer Lining Project No. 09-1-01 October 14, 2009 BID SUMMARY Total Engineer's Estimate $531,245.00 1 . RePipe-California, Inc. $346,242.50 2. Michels Corporation $4] 5,261.00 3. Planned & Engineered Construction, Inc. $575,595.00 4. Columbia Pumping & Construction, Inc. $648,394.90 D --Lj7 t cn 20 H _ AVE II 0 [Ti� _ Q 70 -� l Z -v o y N a r 0TN r H - rn r*1 n o M j Z Z � G7 o d j � A m V cn