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HomeMy WebLinkAbout2010.09.20 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. September 20, 2010 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated September 7,2010. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$1,963,896.05 ($66,647.95 in the form of Wire Transfer Nos. 5551 and 5552; $10,000.00 in the form of Electronic Fund Transfer No. 1027; and $1,887,248.10 consisting of Claim Warrants numbered 178663 through 178847). 2. 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$183,679.84 and, of that amount, authorize $116,673.75 be turned over for collection. *(c) Dedication Deed: (MF# INFO 10-066) Dedicating a portion of Hugo Avenue (Victor Cardenas): 1. Agenda Report from David 1. McDonald, City Planner dated September 14, 2010. 2. Vicinity Map. 3. Right-of-Way Dedication Deed. To accept the dedication deed from Victor Cardenas for a portion of the Hugo Avenue right-of- way. *(d) Final Plat(MF#FP10-009)Desert Estates III,Phase 8 (Bob Barton): 1. Agenda Report from David I. McDonald,City Planner dated September 14, 2010, 2. Overview Map, 3. Vicinity Map. 4. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www,,pasco-wa.gov/webgppi S4UCVQE LIN29-110. To approve the final plat for Desert Estates III,Phase 8. (RC) MOTION. I move to approve the Consent AWi`da,as read, 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through August 2010. (c) Regular Meeting 2 September 20, 2010 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Section 3.06.010 "Establishment of Real Estate Excise Tax, Use of Proceeds" to fund Capital Projects Specified in a Capital Facilities Plan Element of a Comprehensive Plan. 1. Agenda Report from Stan Strebel, Deputy City Manager dated August 31, 2010. 2. Proposed Ordinance. Mi. 0`ION, I move to ;adopt Ordinance No. . amending Suction 3.06-010 of the Pasco Municipal Cc& an(L furlhcr, authorize publication 1 y summary only. (b) Ordinance No. an Ordinance relating to zoning and amending PMC Title 25 dealing with temporary businesses in the I-182 Overlay District. 1. Agenda Report from David I. McDonald, City Planner dated September 14, 2010. 2. Vicinity Map. 3. Proposed Ordinance. M911OlN: 1.move to adopt Ordinance No. , unending PMC. Chapter 52.58 by m eting nev standards for t,mporary business and, Iitrther, authorize.Publication by summary only. *(c) Resolution No. , a Resolution amending Resolution No. 3274, accepting the Planning Commission's recommendation and approving a Special Permit for the location of a farm in an RT (Residential Transition)and C-1 (Retail Business)Zone. 1. Agenda Report from Shane O'Neill,Planner I dated September 13, 2010. 2. Vicinity Map. 3, Proposed Resolution. 4_ Adopted Resolution No. 3274(9/7/10). 5. Report to Planning Commission. 6. Planning Commission Minutes dated 7115110 and 8/19/10. MOTION: I move to approve Resolution No- , amending Resolution No. 3274 9. UNFINISHED BUSINESS: (a) Ordinance No. 3969, an Ordinance concerning Public Works Standard Specifications, amending Section 14.08.010, and adding Section 14.08.020 of the Pasco Municipal Code. 1. Agenda Report from Michael McShane,City Engineer dated August 18,2010. 2. Ordinance. MOTION. F move to adapt [ordinance No_ 3969, unending. Chapter 14.08 "+C=onstniction Standards"; Section 14.08.010 "Adopted`, and adding Section 14.08.020 "Applicabllity7' and, hirther, authorize pub]ication by summary only. 10. NEW BUSINESS: (None) 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required Item not previously discussed MF# "Master File 9...." Q Quasi-Judicial Matter Regular Meeting 3 September 20, 2010 REMINDERS: 1. 6:00 p.m,, Monday, September 20, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 2. 5:00 p.m., Tuesday, September 21, TRAC — TRAC Advisory Board Meeting. (COUNCILMEMBERS REBECCA FRANCIK and AL YENNEY) 3. 12:00 p.m., Wednesday, September 22, TRAC — Crime Prevention Training Welcome Address. ('MAYOR MATT W`A XINS) 4. 4:30 p.m., Wednesday, September 22, 520 N. 4"' Avenue — Lourdes Same Day Surgery Ribbon Cutting Proclamation Presentation, (MAYOR MATT WATKINS) (ALL COUNCILMEMBERS UTN"ITED TO ATTEND) 5. 7:30 a.m., Thursday, September 23, 7130 W. Grandridge Blvd —Tri-Citics Visitor &Convention Bureau Board Meeting. (COUNCILMEM 3ER MIKE GARRISON,Rep.; TOM LARSEN,Alt.) 6. 11:00 a.m., Thursday, September 23, TRAC — A11 Senior Picnic Welcome Address. (COUNCILMEMBER SAUL MARTINEZ) (ALL COUNCILMEMBERS INVITED TO ATTEND) 7. 5:30 p.m., Thursday, September 23, 710 W. Court Street — Benton-Franklin Community Action Committee Meeting. (COUNCILMEMBER AL YENNEY,Rep.; .REBECCA FRANCIK, Alt.) MINUTES REGULAR MEP"I IN'Cr PASCO CITY COUNCIL SEPTEMBER 7, 2010 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmemhers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and A] Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; hick White, Community & Economic Development Director; Michael 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 Nleeting dated August 16, 2010. (b) Rills and Communications: To approve General Claims in the amount of$2,046,266.18 ($253,570.97 in the form of Wire Transfer Nos. 5534, 5536, 5539 and 5547; $274,858,58 in the form of Electronic Fund Transfer Nos. 1022 and 1026; and $1,517,836,63 consisting of Claim Warrants numbered 178419 through 178662). To approve Payroll Claims in the amount of$1,973,772.60, Voucher Nos. 41526 through 41712; and EFT Deposit Nos. 30039321 through 30039884, (c) Lodging Tax Advisory Committee Appointments: To confirm the Mayor's appointment of the following individuals to the 2010 Lodging Tax Advisory Committee: Hotel Representatives: Monica Hammerberg, Red Lion and Allison White, Sleep Inn; User Representatives: Nikki Gerds, Pasco Chamber of Commerce and Denis Gisi, Pasco Downtown Development Association; and, City Council: Mike Garrison, (d) Deed for future street right-of-way for a portion of the Road 60 and Sandifur Parkway Intersection (MF 9INFO10-035): To accept the deed from Connie Auge for a portion of the Road 60 and Sandifur Parkway Intersection. (e) Resolution No. 3267, a Resolution of the City of Pasco, Washington, amending resolution No. 2480 regarding Public Records Requests. To approve Resolution No. 3267, amending Resolution No. 2980 regarding Public Records Requests, (f) Resolution No. 3268, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Holden Street and Front Avenue. To approve Resolution No. 3268, setting 7:00 p.m., Monday, October 4, 2010 as the time and date to conduct a public hearing to consider vacating a portion of Holden Street and Front Avenue. (g) Resolution No. 3269, a Resolution accepting work performed by Whitewater West Industries under contract for the Memorial Pool Slide Equipment and Installation. ' 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 7, 2010 To approve Resolution No. 3269, accepting the work performed by Whitewater West Industries under contract for the Memorial Pool slide equipment and installation, (h) Resolution No. 3270, a Resolution accepting work performed by Sharpe & Preszler Construction Company, Inc., under contract for the 2009 Sewer Extension —Road 34 & Margaret, Project No. 09-1-02. To approve Resolution No, 3270, accepting the work performed by Sharpe & Preszler Construction Company, Inc., under contract for the 2009 Sewer Extension—Road 34 & Margaret, Project No, 09-1-02. MOTION; Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote, PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Watkins presented Certificates of Appreciation for August 2010 "Yard of the Month" to: Javier Chavez, 605 Cereza Ct. Juan& Elovia Mendez, 3621 W. Ella Street George & Renee Reece, 615 Road 45 Theo & Nancy Starr, 8215 Whidbey Drive Mayor Watkins presented a Certificate of Appreciation for August 2010 "Business of the Month Appearance Award"to; Blue Bridge Auto Wash, 2509 W. Lewis Street REPORTS FROM COMMITTEES AND/OR OFFICERS: Ms. Francik attended the dedication of the Maya Lin sculptures at Sacajawea State Park. Mr. Martinez reported on the Park and Recreation Advisory Council meeting. Mr. Hoffmann reported on the Franklin County Mosquito Control Board meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS; Ordinance No. 3969, an Ordinance concerning Public Works Standard Specifications, amending Section 14,08.010, and adding Section 14.08,020 of the Pasco Municipal Code. Council and staff discussed the details of the proposed standards. MOTION: Ms. Francik moved to adopt Ordinance No. 3969, amending Chapter 14.08 "Construction Standards"; Section 14.08,010 "Adopted"; and adding Section 14.08.020 "Applicability"; and, further, authorize publication by summary only. Mr. Martinez seconded. MOTION: Mr. Yenney moved to table this item until the 9/20 regular meeting to allow time for further consideration. Mr. Larsen seconded. Motion carried 5-2. No - Watkins, Garrison. Ordinance No. 3970, an Ordinance of the City of Pasco, Washington, amending the zoning classification for a parcel located in a portion of the southeast quarter of Section 25, Township 9 North, Range 29 East WM, from C-1 (Retail Business) to R- 4 (High Density Residential). Mr, White explained the details of the proposed zoning change. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTF.MBFR 7, 2010 MOTION: Ms. Francik moved to adopt Ordinance No. 3970, rezoning the Carjo Apartment property at 2524 W. Sylvester Street from C-1 to R-4 as recommended by the Planning Commission and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Resolution No. 3271, a Resolution approving the Capital Improvement Plan for Calendar Years 2011-2016. Council and staff discussed the proposed CIP. MOTION: \,Is. Francik moved to approve Resolution No. 3271; adopting the Capital Improvement Plan including revised summary sheet for Lewis St Overpass project for fiscal years 2011-2016 Mr. Garrison seconded. Motion carried 5-2. No - Larsen, Hoffmann. Resolution No. 3272, a Resolution of the City of Pasco confirming appointments to the Tri-Cities Regional Public Facilities District. MOTION: Ms. Francik moved to approve Resolution No, 3272, confirming the appointment of John Merk (Term 10/1111), Rebecca Francik (Term 10/1/2012) and Matt Watkins (Term 10/1/2013) to the Board of Directors of the Tri-Cities Regional Public Facilities District. Mr. Garrison seconded. Motion carried 6-1. No - Yenney. Resolution No. 3273, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of a Level-One Community Service Facility (Children's Preschool) in a C-1(Retail Business) Zone. Mr. White explained the details of the special permit. MOTION: Ms. Francik moved to approve Resolution No, 3273, approving a Special Permit for the location of a Level-One Community Service Facility (children's preschool) Lit the RroadlnOnr Outlet Mall on Outlet Drive. Mr. Martinez seconded. Motion carried unanimously. Resolution No. 3274, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of a farm in RT (Residential Transition) and C-1 (Retail Business) Zones. Council and staff discussed details of the special permit. MOTION: Ms. Francik moved to approve Resolution No. 3274 approving a Special Permit for the location of a farm at the intersection of Burden Boulevard and Road 76, including clarification that condition 414 should read `shall not interfere', Nlr. Hoffmann seconded. Motion carried unanimously, NEW BUSINESS: Bargaining Contract for Non-Uniformed Police Employees: Council and staff discussed the details of the contract. MOTION: Ms. Francik moved to approve the Collective Bargaining Agreement with the Pasco Police Officers Association (Non-Uniformed) for 2009 through 2011 and, further, authorize the Mayor to sign the agreement. Mr. Martinez seconded. Motion carried unanimously. 20th Avenue Gate-t gay, Project No. 10-3-05: Council and staff discussed the details of the project. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 7, 20I0 MOTION: Ms. Francik moved to award the low bid for the 20th Avenue Gateway, Project No. 10-3-05 to J&B Construction and Landscaping Company in the amount of $119,114.00, plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded Motion carried by unanimous Roll Call vote. Commercial Avenue Phase 3A, Pipeline, Fittings & Appurtenances, SR 395 & Foster Wells Road, Project No. 10-2-01: Council and staff discussed the details of the project. MOTION: Ms. Francik moved to award the low bid for Commercial Avenue Phase 3A, Pipeline, Fittings & Appurtenances, SR 395 & Foster Wells Road, Project No. 10-2-0I to Ray Poland & Sons, Inc,, in the amount of$55,318.00, plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Martinez seconded Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Mayor Watkins noted b candidates for Planning Commission vacancies will be interviewed at the September 13`h workshop meeting Mr. Hoffmann requested an update on the potential development of Crescent Road. ADJOURNMENT- There being no further business, the meeting was adjourned at 8;01 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 20th day of September, 2010. 4 CITY OF PASCO Council Meeting of: September 20,2010 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We,the u egned, a by certify under penalty of perjury that the materials have been furnished, the services nd , ed or a labo performed as described herein and that the claim is a just, due and unpaid obligation inst t city and that we are authorized to authenticate an r' rtify to said claim �` y I Gary Crujch a d, Cit ger Dunyele MasorJ Finance Services Manager r We,th6 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 5551 and 5552 in the amount of$66,647.95,have been authorized; that Electronic Fund Transfer No. 1027 in the amount of$10,000.00, has been authorized;that Check No.s 178663 through 178847 are approved for payment in the amount of$1,887,248.10,for a combined total of$1,963,896.05, on this 20th day of September, 2010. Counciimember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 495.35 Judicial 14,711.48 Executive 4,698.33 Police 23,292.32 Fire 2,680.09 Administration & Community Services 83,440.41 Community Development 2,261.68 Engineering 1,460.79 Non-Departmental 36,019.26 Library 1,674.62 TOTAL GENERAL FUND: 170,734.33 STREET 1,156,164.50 C. D. BLOCK GRANT 10,121.54 KING COMMUNITY CENTER 1,948.17 AMBULANCE SERVICE 2.67 CEMETERY 1.99446 ATHLETIC PROGRAMS 73.39 SENIOR CENTER 11,456.86 MULTI MODAL FACILITY 2,051.93 RIVERSHORE TRAIL&MARINA MAIN 1,588.40 LITTER CONTROL 0.00 REVOLVING ABATEMENT 454.54 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 321.89 SPECIAL ASSESSMNT LODGING 0.00 GENERAL CONSTRUCTION 0.00 WATER/SEWER 377,772.86 EQUIPMENT RENTAL-OPERATING 19,076.58 EQUIPMENT RENTAL-REPLACEMENT 98,202.28 TRI CITY ANIMAL CONTROL 2,535.10 MEDICALIDENTAL INSURANCE 66,647,95 CENTRAL STORES 106.22 PUBLIC FACILITIES DIST 0.00 PAYROLL CLEARING 42,523.68 LID CONSTRUCTION 118.70 GRAND TOTAL ALL FUNDS: $ 1,963,896.05 3(b).1 AGENDA REPORT FOR: City Council ii DATE: September 15, 2010 TO: Gary Crutchfield, ' at ger REGULAR: September 20, 2010 Rick Terway, Administrative&Community Services Director i FROM: Dunvele Mason,Financial Services Mmager �n SUBJECT: BAD DEBT WRITE-OFF'S/COLLECTION. I. REFERENCE (S): Write-off and collection lists are on file in the Finance Department. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMEND,ATiONa: MOTION: I move 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 $183,679.84 and, of that amount, authorize $116,673.75 be turned over for collection. III. HISTORY AND FACTS BRIEF: L UTLLITY 13ILLIN -These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address, or are accounts in "occupant"status, Accounts submitted for collection exceed$10.00. 1 AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment Li these cases. 3. COURT ACCOUNTS RECE VABLE - These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$1 0.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed S 10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-offs utility Billing $ .00 .00 .00 Ambulance $ 66,771.09 19,779.75 86,550.84 Court A/R $ .00 93,884.00 93,884.00 Code Enforcement $ 23 5.00 2,890.00 3,125.00 Cemetery $ .00 100 .00 General .00 .00 .00 Miscellaneous $ .00 120.00 120.00 TOTAL: $ 67,006.09 116,673.75 183,679.84 IV. ADMINISTRATIVE ROILrFING: cc: Dot French, Municipal Court Clerk 3(b).2 AGENDA REPORT FOR: City Council September 14, 2010 TO: Clary CrutchfiePonomice'ty +tanager Regular Mtg.: 9/20/10 Rick White, Community& Development Director p-1 FROM: David 1. McDonald, City Planner`k-'7,- -- SUBJECT: DEDICATION DEED: (MF #INFO 10-066) Dedicatioa a portion of Hugo Ave. (Victor Cardenas} I. REFERENCE(S): 1. Vicinity Map 2. Right-of-Way Dedication Deed II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9120: MOTION: I move to accept the dedication deed from Victor Cardenas for a portion of the Hugo Avenue right-of-way. III. FISCAL IMPACT None IV. IIISTORY AND FACTS BRIEF: A. Victor Cardenas is in the process reconstructing the vacant building located at 2120 East Lewis Street. Hugo Avenue is currently a substandard width right-of- way. As a part of the permitting process Mr. Cardenas is required to provide additional right-of-way for Hugo Street. 3(c) Item: ROW Dedication Ptn of Hugo Ave Vicinity Applicant: Map File INFO 10-066 i • �` I• i --a tt` �.. � •fir+mil � � ;a"� �• '��i•� - I , ♦ . Reference 2 - Dedication Deed t r Recording,Return To: City of Pasco, Washington Attn: City Planner 525 North 31" Pasco,WA 99301 DEDICATION DEED Tax Parcel No. 113-832-014 & 113-832-023 THE GRANTOR(S), Victor Cardenas, by donation pursuant to RCW 35A.79.010,dedicates, conveys and quit claims to the GRANTEE,THE CITY OF PASCO,a Municipal Corporation of the State of Washington,for the public use,as a public right-of-way, all interest in the land described as follows: The east 10.00 feet of Lot 1, Block 2 as it appears on the plat of Acre Park Addition, filed for record in the office of the county auditor in Franklin County, state of Washington, less that portion of said lot dedicated to the City of Pasco under Auditors File Number 1668209; Together with: The east 10.00 feet of the north 100 feet of Lot 2, Block 2 of said plat of Acre Park Addition. Containing 2750 square feet more or less. Dedication Deed - 1 Said dedicated land appears on Exhibit `A' attached hereto. DATED this ��day of AUWS , 2010. GRANTOR(S) Ow er s) STATE OF WASHINGTON ) ss. County of Franklin j On this;�� day of 2019, be or me the undersigned,duly commissioned and sworn,personally appeared VG 7o F4( _-�e known to be the individual(s)described above and who executed the within and foregoing instrutrientas an agent of the owner(s)of record,and acknowledged to me that he/she/they signed the saine as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned,and on oath stated that he//she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this day of 4VC-;di CY� , 2010. ep Print Name: n ,?nc JCJ f NOTARY PLBLI and for the State of Washington Residing at: • V' A'' ' R Y e My Coimnission Expires: PUBLIC Dedication Deed-2 EXHIBIT 'A' 1"= 100' LEWIS ST DEDICATION w TZ Q -- � � I 3 EXTG.40' WW VICTOR CARDENAS DEDICATION AGENDA REPORT FOR: City Council Septemberl4, 2010 TO: Gary Crutchfield, i v -., anager Regular Mtg.: 9/20/10 Rick White, Community & EJnom.ic Development Director li FROM: David I. McDonald, City Planner SUBJECT: FINAL PLAT (MF#FP 10-009) Desert Estates III,Phase 8 (13ob Barton) 1. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at � co- wa wa.gov/webapp/citycotincilrepoits ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/20: MOTION: 1 move to approve the final plat for Desert Estates 111, Phase 8. 111. FISCAL IMPACT: NONE V. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Desert Estates III, subdivision. The developer is now seeking final plat approval for Phase 8. B. The Desert Estates TIT subdivision is a single-family residential development located north of Burden Boulevard and east of Road 44. V. DISCUSSION: A. Prior to 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 most of the improvements and has provided the City with a bond in an amount sufficient ($57,445) 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. 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AW 1 ,rr ra_rte•.. .l - i +• rrl9f 71t•!i �' '�• ��+ � " •'y 1. .� 4 ■■ 4 S mass .`• I �, R+,!X�kle�Fa iF•r14!!st`-y , •�fTk �:�'J.r3J_'r-.11►rt'�dl;# __ ���� '. _ � r4. f —�..- _ NB t r� Q■ t_: " • + : ;- 'tom= N 1 ��"!��TtrlY.,.���in�ot>3i���L°al•a ��froar3���rrl'� i _ .. � � aid Vicinity Item:, Desert Estates Div Ap icant: obert 4 arton ,. ; Map File s FP 10-009 Z• ��.�. kA o ♦�♦��� u .d- lot GENERAL FUND OPERATING STATEMENT THROUGH AUGUST 2010 MODIFIED CASH BASIS YTD % OF YTD TOTAL % OF 2010 2010 ANNUAL 2009 2009 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 3,513,388 5,850,000 60,1% 3,430,086 5,746,237 59.7% SALES 5,544,053 7,700,000 72,0% 5,020,973 7,903,866 63.5% UTILITY 5,252,989 7,615,000 69.1% 5,268,564 8,408,836 62.7% OTHER 784,054 1,015,000 77.2% 718,286 1,200,322 59.8% LICENSES& PERMITS 1,318,362 1,020,200 129.2% 1,192,075 1,586,917 75.1% INTERGOVT REVENUE 1,164,748 1,710,017 68.1% 735,406 1,841,103 39.9% CHARGES FOR SERVICES 1,766,087 2,807,220 62.9% 1,699,551 2,559,213 66.4% FINES & FORFEITS 505,937 927,700 54,5% 506,493 1,012,084 59.9% MISC. REVENUE 473,380 733,700 64.5% 550,760 831,708 66.2% OTHER FIN. SOURCES 399,791 94,000 425,3% 20,495 281,602 7.3% TOTAL REVENUES 20,732,799 29,472,837 70,3% 19,242,689 31,371,888 61.3% REVISED BEGINNING FUND BAL 6,134,923 6,000,001) 6,845,445 6,845,445 TOTAL SOURCES 26,867,722 35,472,837 75,7% 26,088,134 38,217,333 68.3% EXPENDITURES: CITY COUNCIL 81,610 116,525 70.0% 75,915 113,372 67.0% MUNICIPAL COURT 819,384 1,240,853 66,0% 787,124 1,271,360 6119% CITY MANAGER 574,D69 889,415 64.5% 522,839 846,087 61.8% POLICE 7,027,963 10,763,443 65.3% 6,901,158 11,113,466 62.1% FIRE 2,737,575 4,174,624 65.6% 2,716,027 4,183,650 64.9% ADMIN & COMMUNITY SVCS 3,620,726 5,315,423 68.1% 3,494,045 5,359,879 65.2% COMMUNITY DEVELOPMENT 694,355 1,035,931 67.0% 775,901 1,144,900 67.8% ENGINEERING 698,668 1,136,332 61.5% 845,543 1,247,386 67.8% MISC, NON-DEPARTMENT 2,816,815 4,197,325 67.1% 2,365,589 5,554,601 42.6% LIBRARY 810,809 1,300,875 62.3% 817,883 1,247,709 65.6% TOTAL EXPENDITURES 19,881,974 30,170,746 65.9% 19,302,024 32,082,410 60.2% ENDING FUND BALANCE 5,302,091 6,134,923 TOTAL EXPEND AND END FUND BALANCE 35,472,837 38,217,333 AVAILABLE CASH BALANCE 6,985,748 6,786,110 PERCENTAGE OF BUDGET ALLOCATED FOR 8 MONTHS 66.7% • Authorized but non-budget expenditures of $98,750 (cumulative)which will effectively reduce the ending fund balance. Approximately$380,000 transfer-in.2009 GF contributed temp funding to Memorial Pool project. In 2010 funding was returned. These statements are intended for Management use only. 6(b) AGENDA REPORT FOR: City Council August 31, 2010 TO: Gary Crutchfi anager Workshop Mtg.: 9/13/10 Regular Mtg.: 9/24/10 FROM: Stan Strobel, De uty City Manager SUBJECT: Code Update on Real Estate Excise Tax 1. REFEItENCE(S): I. Proposed Ordinance 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9113: Discussion 9120: MOTION: I move to adopt Ordinance No. amending Section 3.06.010 of the Pasco Municipal Code and, further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) State law specifies how revenue from the real estate excise tax (currently 'f2 of one percent) imposed by the city can be utilized. The proceeds from the first '/4 of one percent are to be used solely for financing capital projects specified in the city's Capital Facilities Plan element of the Comprehensive Plan. Staff has determined that the city's six-year Capital Improvements Plan (which is updated annually) qualifies as the required plan element of the Comprehensive Plan (which can be amended no more often than once per year; but is seldom amended with that regularity or frequency). The attached ordinance provides for the necessary clarifying language. Staff recommends adoption of the ordinance. V. DISCUSSION: A) Revenue from the second '/4 of one percent (adopted by Council to be effective March 1, 2010) is also to be utilized as specified by law. Use is somewhat more restrictive than for the first quarter percent and such uses are currently listed in PMC 3.06.015. This section is not affected by the proposed ordinance. 8(a) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, amending Section 3.06.010 "Establishment of Real Estate Excise Tax, Use of Proceeds" to Fund Capital Projects Specified in a Capital Facilities Plan Element of a Comprehensive Plan. WHEREAS, the City of Pasco has by Ordinance No, 2594, imposed an excise tax on sale of real property within the corporate limits of the City at a rate not exceeding one-quarter of one percent of the selling price as authorized by RCW 82.46.010; and WHEREAS, the City of Pasco has a population in excess of 5,000 people, and is fully planning under the Growth Management Act (RCW 36.70A), which are the requirements for application of revenues generated from this tax to be utilized for capital projects specified in the Capital Facilities Plan element of the City of Pasco's Comprehensive Plan; NOW, THEREFORE, THE CITY COU'N'CIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 3.06.010 entitled "Establishment of Real Estate Excise Tax, Use of Proceeds" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 3,06.0 10 ESTABLISHMENT OF REAL ESTATE EXCISE TAX, USE OF PROCEEDS. There is established and imposed an excise tax on each sale of real property in the corporate limits of the City at a rate of one-quarter of one percent of the selling price, PreeeedsRevenue P,enerated from the tax imposed by under this Section &h&R are to be used f3fil,� fef 1k) +rnprc me t ;-i c uck�l 3e�i t €I� RCW 35� Q."0 by the City solely for financing capital projects specified in a Capital_ Facilities Plan Element of the Comprehensive Plan. (Ord, 3497, 2009; Ord. 2594 Sec. 1, 1986.) Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of ) 2010. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council September 14, 2010 TO: Gary Crutchfi t , anger Workshop Mtg.: 9/20/10 Rick White, Community & P.conomic Development Director FROM: David I. McDonald, City Planner SUBJECT: Code Amendment: I-182 Corridor Overlay District(MF # CA 10-001') 1. REFERENCES 1. Vicinity Map 2. Proposed Ordinance 11. ACTION REQUESTED OF COUNCIL/ STAFF!RECOMMENDATIONS: 9/20: Motion: 1 move to adopt Ordinance No. , an Ordinance amending PMC Chapter 52.58 by enacting new standards for temporary businesses and, further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. In 2001 the City Council adopted an ordinance establishing the I-182 Corridor Overlay District standards found in PMC 25.58. The I-182 Corridor Overlay District was intended to provide enhanced development standards for buildings and property in the Road 68 and Road 100 areas of the community. These design standards have been largely responsible for visual enhancements to commercial buildings and parking lots around Road 68 and Road 100 interchanges. B. The 1-182 Overlay standards apply to the development of property with buildings and permanent businesses. Temporary businesses are not addressed in the standards. C. In 2009 the Planning Commission began a series of workshops and hearings to consider possible amendments to the I-182 standards dealing with temporary businesses. Following their last hearing on August 19, 2010 the Planning Commission recommended the City Council adopt the code amendments attached to this report. V. DISCUSSION: A. Commercial buildings developed around the Road 68 and Road 100 interchanges must contain several architectural features and must be constructed of certain materials. These buildings must also incorporate enhanced parking lot landscaping. Temporary businesses do not generally operate in buildings and therefore fall outside of the scope of the 1-182 Corridor development standards required for permanent businesses. It was the disparity between the development standards for permanent and temporary businesses that the Planning Commission was trying to address with the proposed code amendment. 8(b) B. The proposed code amendment is designed to address the haphazard and unsightly manner in which temporary businesses often operate. Specifically, the code amendment will prohibit temporary businesses from: 1) displaying goods in parking lots on landscaping beds and sidewalks; 2) setting up accessory items such as tables, chairs, tents, amusement devices and other items in addition to a business vehicle; 3) setting up business in a vacant lot; 4) displaying advertising signs anywhere other than on a sales vehicle. C. The proposed code amendment also requires temporary sales vehicles to be set back 25 feet from a public right-of-way, 300 feet from any residentially zoned property and 500 feet from other temporary businesses. I t �i Vicinity itinerant Vendors in 1- 18 2 N MIL ' Irt,. r � �}��� GY 11,21 �'Y' rp. r Alec 5•'",t���.� • y1 40 wo tl _h *• ' iii h? ipi � y;.� �'� �� �.. t� s1 e B jR� •� 'a�! i - jY iii t}a, r Wei }• .k' ` \ �. :� � �1!►>•r 1 if '` '11 c1 a [- , w, �•.'rQ6�i � t.� Y. d �s.,� �- ,j. 1:.,�... � •1 1� .� .>_LJ.�.>� �i.. . !�. .. f -- . ...:hssi�..�i� Mf"e •� e1� .� �� •�:.-%t�r���J�1[�LM� ORDINANCE NO. AN ORDINANCE relating to zoning and amending PMC Title 25 dealing with temporary businesses in the 1-182 Overlay District WHEREAS, in 2001 the Pasco City Council adopted Ordinance 3515 enacting the I-182 Overlay District codified as Pasco Municipal Code Chapter 25.58; and, WHEREAS, the 1-182 Overlay District is developing as a major commercial center for the City of Pasco providing not only necessary goods and services to its citizens, but generating sales tax and property tax revenues for the benefit of the City; and, WHERE AS, it has been determined by the City Council that maintaining a safe and attractive environment within the Overylay District is of critical importance to the citizens of the City of Pasco; and, WHEREAS, the purpose of PMC Chapter 25.58 is to provide development regulations to create aesthetically attractive buildings and commercial development within the 1-182 corridor of the city; and, WHEREAS, permanent businesses in the 1-182 Overlay District are required to develop with enhanced architectural features, screening and landscaping in comparison with other commercial areas of the cominunity; and, WHEREAS, PMC 25.58 requires the owners of all building sites to maintain their properties in a clean, safe and well-maintained condition consistent with the enhanced landscaping and screening requirements; and, WHEREAS, temporary businesses locating in the 1-182 Overlay District have not been included in the design standards necessary to support the purpose and intent of the 1-182 Overlay District; and, WHEREAS, temporary businesses locating in parking lots of permanent businesses in the I-182 Overlay District have scattered and displayed merchandise for sale in a haphazard fashion on public sidewalks, around parking lots, in areas of parking lots necessary for safe travel, and on shrubbery and plants in landscaped beds; and, WHEREAS, the City has received complaints that such temporary businesses have hindered access to permanent businesses, impaired available parking, caused a distraction to passing motorists, and created an unattractive condition; and, WHEREAS, temporary businesses locating in parking lots store items such as propane tanks, buckets, boxes, coolers, flower pots, dust bins, milk crates, recreational equipment and satellite dishes around the vehicles from which the businesses operate; and, WHEREAS, the accumulation of crates, boxes, propane tanks and other items under and around sales vehicles traps blowing tumble weeds and other debris providing a harborage for insects, rodents and other vermin that could result in the infestation of nearby buildings and restaurants thereby endangering the life, health and safety of the public; and, WHEREAS, the accumulation of crates, boxes, propane tanks and other items under and around sales vehicles traps blowing tumble weeds, wrappers, papers and other debris creating a potential fire hazard in publicly accessible parking lots thereby endangering the life, health and safety of the public; and, WHEREAS, the haphazard display of products on ropes attached to street lights and scattered around parking lots near the public right-of-way and products displayed on public sidewalks creates distractions for motorists thereby diminishing the safety of motorists and pedestrians using sidewalks and crosswalks; and, WHEREAS, the storage of large propane tanks in parking stalls of parking lots where the propane tanks are in constant jeopardy of being driven into, knocked over, and damaged by vehicles using the parking lot places the life, safety and general welfare of the public at risk; and, WHEREAS, temporary businesses locating in parking lots have set up permanent customer seating, and have attached carport structures made of metal siding-like material and/or plastic tarps to the ground; and, WHEREAS, temporary businesses locating in parking lots have run water hoses and electrical extension cords across parking lots creating appearance and safety concerns that are inconsistent with the purpose and intent of the 1-182 Corridor Overlay District; and, WHEREAS, experience within the community has shown that temporary businesses are often open for business past 10:00 pm; and, WHEREAS, temporary businesses conduct business activities out-of-doors where the conduct of such activities generate noise and commotion that impacts neighboring residential properties; and, WHEREAS, without the implementation of dispersal regulations for certain types of temporary businesses (itinerant vendors) pant Police Department reports have shown an increase in lawlessness with such businesses such as assaults, fights, disorderly conduct, gang activity, public consumption of alcohol and other criminal activity; and, WHEREAS, the Police Department has found that where itinerant vendors are located individually at dispersed locations there are virtually no calls for service and virtually no reports of lawlessness; and, WHEREAS, the City Council takes note of Police Department reports and relies on Police Department experience before making decisions to combat crime; and, WHEREAS, the City Council recognizes the importance of substantial government interest of the City to preserve and protect the Overlay District with reasonable regulations to prevent such activities that may become public or private nuisances, and that the reasonable regulations enacted by this Ordinance are substantially related to preventing the occurrence of 2 such nuisances, and the degradation of the District as well as the preservation of property values and tax revenues; and, WHEREAS, the City Council has the responsibility to assure the public health, safety and welfare are maintained within the conununity; and, WHEREAS, the City Council has determined that to maintain and protect the general welfare, public health and safety and to support the purposes of Pasco Municipal Code Chapter 25.58 it is necessary to amend PMC Title 25, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Chapter 25.12 of the Pasco Municipal Code be and the same is hereby amended to include a new sub section 25.12.452 to read as follows: 25.12.452 Temporary Business: Means an itinerant vendor as defined under PMC 5.10A.020 A), B) and C) and any business licensed as a temporary special sales event out of doors and not included within the business activity licensed for the permanent business located on the lot. Section 2. That Chapter 25.58.020 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.58.020 APPLICABILITY. The Development and Design Standards of this Overlay District will apply to all multi-family zones, office districts (0), retail business districts (C-1), general business districts (C-3), regional business districts (C-R) and business park districts (B- P) located in the I-182 Corridor "9 u4i-is •aereribed as fellow generally described as that area located westerly of Road 36 and lying between the Franklin County Irri ation District Canal on the south and the cily limits on the north: said area being more particularly described as: Beginning at a point on the North Pank meander line of the Columbia River, said point being the at intersection of the North meander line of the Columbia River and the north line of the queer- south half of the southwest quarter of Section 44, 12, T9N, R28E; Thence, easterly along the- said north line of the seuthee_-, qUaAeF to 'LA-I % , 1:9 N, P2E and continuing easterly along the north line of the south half of the SE quarter of said Section 12, T-C1h7N,, rR29 to the + r e s�i� ecEic n to a point on said north line ^ dist nee of 808-94 feet plus more or ffiintis less westerly of the NW corner of the SE quarter of the SE quarter of said Section 12, To ;R2€; Thence noMie4..al�*g the een d e rrl ;Me tllere0l'.to line bearin North 05° 20' 0" East, for a distance of 1,777.0 feet to the East line of the West half of the West half of Northeast cluarter of said Section 12; Thence Northerly along said east line bearing North 01°, 18% 0" east, to the north line of said Section 12; Thence easterly along the north line of said Section 12 and continuing easterly along the north line of Sections 7, 8, 9, 10 and 11 all in Township 9 North, Range 29 East to the NE corner of said Section 11; Thence southerly along the east line of said Section 11 and continuing southerly along the east lines of Sections 14 and 23, Township 9 North, Range 29 East, to din-. i-t— •°°-fien w°'h the south right-of- way line of Interstate I-182; Thence northwesterly along the South said right-of-way line of I- -1'-to to : - i€lr the south line of the Franklin County Irrigation District Canal dgjj - 3 of-way: Thence westerly along 4+e-- said south line of the Franklin County Irrigation District Canal right-of-way to 'urn-irrsseei3n..writh the east right-of-way line of Road 100; Thence southerly along �he, said east right-of-way line of Road 100 to the the southeasterly projection of the eentef line south line of Lot 29, of Block 2 Peppermint Terrace Third Addition; Thence northwesterly along said prejerate4—qne projection and continuing northwesterly along the center lim, south line of Lots 22 through 29 all of Block 2 Peppermint Terrace Third Addition to the northwest boundary of said Addition; Thence continuing northwesterly along the northwesterly projection of t�ieer�t --t1Elpper TOFFaee Thir- -Addi-ti n said south line €cF a distance of 657.5 feet; Thence south 46° 45' 43" west a distance of 779 feet; Thence north 43° 14' 17" west for a distance of 450 feet; Thence north 46° 42' 28" cast a distance of 312 feet; Thence north 43° 17' 32" for a distance of 300 feet; Thence north 46° 42' 28" east for a distance of 85 feet; 'thence north 43° 17' 32" west for a distance of 340 feet to the easterly right-of-way line of Crescent Drive; Thence northeasterly along said easterly right-of-way line of Crescent Drive to the intersection with the south line of the FCID Canal right-of-way; Thence westerly along �he said south line of.h, FG19 c-ailai to the irtlefr aien -with the north line of Section 18, T9N, R29E; Thence westerly along the north line of said Section 18 to the intersection with the south right-of-way line of Interstate I-182; Thence southwesterly along said south right-of-way line of t4w Interstate 1-182 ,.:& of way to the intersection with the North meander line of the Columbia River; Thence northwesterly along the North meander line of the Columbia River to the point of the beginning. Section 3. That Chapter 25.58 of the Pasco Municipal Code be and the same is hereby amended to include a new sub section 25.58.095 to read as follows: 25,58.095 Tempori ry Business Standards: (A) Temporary businesses are only permitted on lots that are fully developed with curb F—utter and sidewalk and improved with parking lots, landscaping and buildinp-s. B `Temporary businesses must be located at least 300 feet from the yroperty line of any residentially zoned property. C Goods, wares and merchandise of any kind can only be displayed or offered for sale from the temporary business vehicle or conveyance. (D) Only one temporary business vehicle is permitted per licensee and lot orparcel. (E) Temporary businesses must be located at least 500 feet apart, (F) No ancillary or accessory equipment of anv kind is permitted to be used with a temporary business including but not limited to: tables, chairs, benches, picnic tables, umbrellas, propane tanks, tents, awnings, carport structures, satellite dishes, recreational equipment, amusement devices, entertainment equipment. portable or temporary shelters, portable heaters, temporary li,ghting fixtures. decorative 14uhtin . coolers not located on the business vehicle freezers/refrigerators not located on the business vehicle, carpet, fencing, and faux landscape elements, (G) No parking lot modifications are permitted for the location of temporary businesses including but not limited to: curbing, concrete slabs, decking and patios, (H) Signage is only permitted on the temporary business vehicle and not on public right-of-way or in parking lots. (I) No advertising for services, activities and products that are not available on or from the t�M.?orary business vehicle is permitted. 4 J Temporary businesses must be located at least 25 feet from any public right-of-way, (K) Temporary businesses must locate in an area of the parking lot that will not impede fire lanes or the use of drive aisles within and around parking lots. L Required off street parking cannot be diminished by the location and operation of a tan-poraey business_ Section 4. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of , 2010. Matt 'Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney 5 AGENDA REPORT FOR: City Council � September 13, 2010 TO: Gary Crutchfiel nager Regular Mtg.: 9/20/10 Rick White, Community & E6ionnic Development Director FROM: Shane O'Neill, Planner I SUBJECT: SPECIAL PERMIT(MF # SP 10--020)Location of a farm in RT (Residential Transition) and C-1 {Retail Business) Zones (Torn Kidwell) I. REFER.ENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Adopted Resolution 3274 (9/7/10) 4. Report to Planning Commission 5. Planning Commission Minutes: Dated 7/15/10 and 8/19/10 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/20: MOTION: I move to approve Resolution amending Resolution 3274. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On July 15, 2010, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit be granted for the location of a farm at the intersection of Burden Boulevard and Road 76. The Planning Commission recommended approval of the special pen-nit subject to 1 I conditions at its August 19, 2010 meeting. B. On September 7, 2010, City Council accepted the Planning Commission's recommendation and adopted Resolution 3274 which approved the special permit. Resolution 3274, as contained in the Council agenda report of 9/7/10, unintentionally omitted four conditions included in the August 19, 2010 Planning Commission report and recommendation. C. The proposed Resolution corrects adopted Resolution 3274 by adding the omitted conditions. The conditions that were inadvertently omitted were: d) No irrigation water is permitted to be sprayed onto the adjoining residential fences or property; j) A complaint monitoring plan that identifies how the applicant will respond to neighborhood complaints must be submitted and approved by City staff prior to site grading; m) No hay stacks ai-e permitted west of Road 76 and n) The farming operation shall not interfere with public use of the I-182 bike path. D. The applicant is fully aware of these conditions, as he was present during the Planning Commission deliberations and received copies of the Planning Commission report. 8(c) F Item: Special Permit - Fanning clnit A pplicant. Tom Kidwell N Ma p File #: SP 10-020 -f I --5 M IT 77-M j f® c�■ ' ic Reference 2 - Proposed Resolution RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION 3274, ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF A FARM IN AN RT (RESIDENTIAL TRANSITION) AND C-1 (RETAIL BUSINESS) ZONE WHEREAS, Torn Kidwell and the Washington State Department of Natural Resources, submitted an application for the location of a farm in RT and C-1 Zones (Tax Parcels 117-530-015 & 117-500-118); and, WHEREAS, the Planning Commission held a public hearing on July 15, 2010 to review the proposed farm; and, WHEREAS, following deliberations on August 19, 2010 the Planning Commission recommended approval of a Special Permit for the farm with certain conditions; WHEREAS, City Council accepted the Planning Commission recommendation on September 7, 2010 by adopting Resolution 3274, and; WHEREAS, ADOPTED Resolution 3274 inadvertently omitted four conditions recommended by the Planning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Tom Kidwell and the Washington State Department of Natural Resources for the location of a farm in the RT and C-1 zones under Master File # SP10-020 with the following conditions: a) The special permit shall apply to the property; b) The farm shall be operated by using best management practices for agricultural production; c) No irrigation water is permitted to be sprayed or otherwise drain onto the adjoining right-of-way; d) No irrigation water is permitted to be sprayed onto the adjoining residential fences or property; e) Irrigation water and farm chemicals must be applied at agronomic rates; f) The farm crop shall be limited to alfalfa only; g) The property shall be posted to indicate no motorcycling or four-wheeling is permitted; h) A Conservation Plan approved by the Farm Service shall be submitted to the City prior to site grading; i) A dust control plan inust be approved by City staff prior to site grading; j) A complaint monitoring plan that identifies how the applicant will respond to neighborhood complaints must be submitted and approved by City staff prior to site grading; k) The water rights preserved with this farming operation shall remain with the property for future needs within the City of Pasco; 1) The special permit shall be valid for a period of three years and will automatically extend to five years if the applicant adheres to the conditions of special permit approval, Extensions beyond the first five years may be permitted, but will require the submittal of a new special permit application. In reviewing a new special permit application for this farm the Planning Commission will consider the criteria of PMC 25.85.060 along with changes in surrounding development, the pace at which surrounding development is occurring, improvements to utilities services within the area and any nuisance complaints about the operations of the farm over the past five years. No fanning activity shall be permitted beyond September, 30, 2020; m) No hay stacks are permitted west of Road 76; n) The farming operation. shall not interfere with public use of the 1-182 bike path; o) The special permit shall be null and void if farming activity has not begun by September 30, 2011. Passed by the City Council of the City of Pasco this 20`h day of September, 2010. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Reference 3 - Adopted Resolution RESOLUTION NO. 3Z A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF A FARM IN RT (RESIDENTIAL TRANSITION) AND C-1 (RETAIL BUSINESS) ZONES WHEREAS, Tom Kidwell and the Washington State Department of Natural Resources, submitted an application for the location of a farm in RT and C-1 Zones (Tax Parcels 117-530-015 & 117-500-118); and, WHEREAS, the Planning Commission held a public hearing on July 15, 2010 to review the proposed farm; anal, WHEREAS, following deliberations on August 19, 2010 the Planning Commission recommended approval of a Special Permit for the farm with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Tom Kidwell and the Washington State Dcparhncnt of Natural Resources for the location of a farm in the RT and C-1 zones under Master File# SP 10-020 with the following conditions: a) The special permit shall apply to the property; b) The farm shall be operated by using best management practices fbr agricultural production; c) No irrigation water is permitted to be sprayed or otherwise drain onto the adjoining right-of-way; d) Irrigation water and farm chemicals must be applied at agronomic rates; e) The farm crop shall be limited to alfalfa only; f) The property shall be posted to indicate no motorcycling or four-wheeling is permitted; g) A conservation plan approved by the Farm Service shall be submitted to the City prior to site grading; h) A dust control plan must be approved by City staff prior to site grading; i) The water rights preserved with this fanning operation shall remain with the property for future needs within the City of Pasco, j) The special permit shall be valid for a period of three years and will automatically extend to five years if the applicant adheres to the conditions of special permit approval. Extensions beyond the first five years may be permitted, but will require the submittal of a new special permit application. In reviewing a new special permit application for this farm the Planning Commission will consider the criteria of PMC 25.86.060 along with changes in surrounding development, the pace at which surrounding development is occurring, improvernents to utilities services within the area and any nuisance complaints about the operations of the farm over the past five years. No farming activity shall be permitted beyond September, 30, 2020; k) The special permit shall be null and void if farming activity has not begun by September 30, 2011. Passed by the City Council of the City of Pasco this 7th day of September, 2010. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ALL Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Reference 4 - Report to the Planning Commission REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 10-020 APPLICANT: Tom Kidwell HEARING DATE: 07/ 15/2010 2420 W. Court Street ACTION DATE: 08/19/2010 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a farm in RT (Residential Transition) and C-1 (Retail Business) zones. 1. PROPERTY DESCRIPTION: Legal: Lot 4, Binding Site Plan 2006-04 together with that portion of the northeast 1/4 of the northwest 1/4 and the westerly 170 feet of the northwest 1/4 of the northeast 1/4 of Section 16, Township 9 North, Range 29 East, W.M lying northerly of I-182 General Location: Parcels 117-530-015 & 117-500-118: at the southwest corner of the intersection of Road 76 and Burden Blvd. lying northerly of I-182. Pro]2erty Size: Approximately 32 acres 2. ACCESS: The site has access from Road 76 and Burden Boulevard, 3. UTILITIES: Municipal water and sewer utilities serve the site. Irrigation water is also available. 4. LAND USE AND ZONING: The site is currently zoned RT (Residential Transition) and C-1 (Retail Business) and remains vacant. Surrounding properties are zoned and developed as follows: NORTH: R-1 - Single-family and multi-family residences SOUTH: RT - Interstate 182, vacant farm land EAST: C-1 - Commercial businesses WEST: R-1 - Interstate 182, single-family residences 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for mixed residential and commercial uses. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist; the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) has been issued for this project under WAC 197- 11-158. 1 ANALYSIS The applicant is requesting special permit approval to conduct farming activities in an RT (Residential Transition) zone and in a C-1 (Retail Business) zone. The site includes two vacant parcels owned by the Washington State Department of Natural Resources located directly to the west of Lowe's and southwest of Wal-Mart on Road 68. The applicant is proposing the conversion of approximately 32 acres of vacant land to commercial agricultural production. Pursuant to PMC 25.20.040(1) commercial agriculture uses may be permitted in the RT zone as a conditional use. Additionally, pursuant to PMC 25.86.035 commercial agriculture uses can be permitted within 1000 feet of residential zoning districts on the condition that the applicant submit a conservation plan approved by the Farm Service Agency. In review of this proposal staff has identified three issues for consideration by the Planning Commission: 1) dust control; 2) noise; and 3) the eventual conversion to intended uses. During the initial grading and leveling of the site fugitive dust could potentially impact adjacent lands if not properly monitored. This impact would be eliminated once a crop is planted. Staff would suggest the applicant be required to maintain a viable water source on site during the initial grading and leveling to manage fugitive dust during wind events, and submit a dust control plan for approval by City staff. Often commercial agricultural activities occur at odd hours, which could potentially impact adjacent residential uses. Staff suggests the applicant be required to submit a complaint monitoring plan to help alleviate these impacts. The plan should minimally include potential hours of operation, a contact person to whom complaints may be submitted and a preliminary plan outlining how noise complaints will be addressed. In the early 1990's much of the I-182 corridor area was put into agricultural production. Farming operations still occur near recently developed subdivisions. These farms make productive use of the land and play an important role in preserving water rights for the community. As irrigation water was applied to the land water rights became perfected. When development occurs and farms are converted to land uses as indicated in the Comprehensive Plan the water rights are required to be transferred to the City. The property in question currently has water rights however; the water rights have not been perfected. The applicant, on behalf of the property owner, is endeavoring to put the land into agricultural production to preserve the water rights. The water rights can only be persevered if they are put to use or they 2 will be forever lost. The Department of Natural Resources water permit for the property indicates the source of irrigation water for the site can be either the Franklin County Irrigation District #1 intake at Road 1 1 1 or the I- 182/Columbia River intake. Even though the Municipal Code contains provisions for commercial farming, the City's Comprehensive Plan has designated the site for future mixed residential and commercial development. Therefore farming on the site must be considered only an interim use. Placing a time limit or a reassessment date for the farming operation would address the concern of having the farming operation on the site for an extended period of time. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. A portion of the site is zoned RT (Residential Transition). 2. A portion of the site is zoned C-1 (Retail Business). 3. The Comprehensive Plan identifies the site for mixed residential and commercial uses. 4. The site is within the Pasco urban growth boundary. S. The site is approximately 32 acres. S. Municipal water is located on the site. 7. Municipal sewer is located adjacent to the site. 8. A major irrigation line is located on the site. 9. Farms are listed as permitted conditional uses in the RT zone [PMC 25.20.040(1)]. 10. Farms are listed as unclassified uses when located within 1000 feet of residentially zoned parcels. 11. Unclassified uses require special permit approval prior to establishment. 12. The site proposed for a farm is currently vacant. 13. Island Estates was developed on a farm field. 14. The Wal-Mart shopping area was developed on a farm field. 15. Farming within the urban growth area is considered an interim use only. 16. The I-182 bike path is located along the southern edge of the site. 3 17. The site is not listed as a critical area in the City's Comprehensive Plan, CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive plan? Goal LU-1 suggests the City take deliberate and consistent measures to improve the City's physical environment. The proposal supports this goal by establishing a use on an otherwise vacant parcel. The proposal is an interim use that will preserve the site for uses designated in the Comprehensive Plan. Policy Lli-3-C encourages the use of irrigation water for landscape maintenance. The proposal will preserve water rights which will provide for future irrigation needs. 2) Will the proposed use adversely affect public infrastructure? The proposed farm will have no adverse impact on public infrastructure. A farm is not dependent upon City utilities or infrastructure like a retail business or manufacturing plant. In the long term; the proposal will significantly benefit public infrastructure, namely the public water system. The proposal will secure scarce water rights for the community and enable irrigation water to be used on the site for future irrigation needs rather than expensive potable water. Securing additional water rights for the City will help ensure the City will have the necessary water to serve surrounding homes and businesses. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The location of other farms within the 1-182 Corridor has demonstrated that farms within close proximity of dwellings can be operated harmoniously with intended uses. Farms have operated simultaneously with development of Island Estates, Sunny Meadows, the Village at Pasco Heights and other subdivisions in the 1-182 corridor. The proposed use will not make intensive use of the land or lead to disorderly growth of the community. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? 4 There will be no structures erected on site other than irrigation equipment. Development within the I-182 corridor attests to the fact that farming operations do not discourage development of permitted uses or impair the value of nearby development. S) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed farm lies immediately north of the I-182 freeway. The farming operation will not create more noise, fumes, vibrations, traffic and flashing lights than the adjacent freeway. The farm will also create less traffic and related activity than the subdivision to the north or the commercial development to the cast. 6) Will the proposed use endanger the public health or safety if located and deueloped where proposed, or in any way become a nuisance to uses permitted in the district? The proposed farm is only an interim use, and will not impede the development of future uses; nor will it become a nuisance to future permitted uses. The existence of numerous farming operations within the 1-182 area generally demonstrates that the proposed use should not become a nuisance to permitted uses nor endanger public health and safety. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the August 19, 2010 staff report. MOTION for Recommendation: 1 move based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Tom Kidwell/Washington State Department of Natural Resources for the location of a farm with the following conditions: APPROVAL CONDITIONS (1) The special permit shall apply to the property; (2) The farm shall be operated by using best management practices for agricultural production; (3) No irrigation water is permitted to be sprayed or otherwise drain onto the adjoining right-of-way; 5 (4) No irrigation ~water is permitted to be sprayed onto the adjoining residential fences or property; (5) Irrigation water and farm chemicals must be applied at agronomic rates; (6) The farm crop shall be limited to alfalfa only; (7) The property shall be posted to indicate no motorcycling or four- wheeling is permitted; (8) A Conservation Plan approved by the Farm Service shall be submitted to the City prior to site grading; (9) A dust control plan must be approved by City staff prior to site grading; (10) A complaint monitoring plan that identifies how the applicant will respond to neighborhood complaints must be submitted and approved by City staff prior to site grading; (11) The water rights preserved with this farming operation shall remain with the property for future needs within the City of Pasco; (12) The special permit shall be valid for a period of three years and will automatically extend to five years if the applicant adheres to the conditions of special permit approval. Extensions beyond the first five years may be permitted, but will require the submittal of a new special permit application. In reviewing a new special permit application for this farm the Planning Commission will consider the criteria of PMC 25.86.060 along with changes in surrounding development, the pace at which surrounding development is occurring, improvements to utilities services within the area and any nuisance complaints about the operations of the farm over the past five years. No farming activity shall be permitted beyond September, 30, 2020; (13) No hay stacks are permitted west of Road 76. (14) The farming operation shall not interfere with public use of the I-182 bike path; (15) The special permit shall be null and void if farming activity has not begun by September 30, 2011. 6 Item: Spec Permit Farming Vicinity Y Applicant: Kidwell i Map 0-0 1 `' 'yI v vim, I �! �' rs m •, � J R � A{ fi 1 ii;ujt�ii C t bpir , Land Item: Special Permit - Fanning Use Applicant: Tom Kidwell Ma File #: SP 10-020 SFR's Commercial Commercial Commercial IT Vacant (farm) '� F ning Item: Special Permit - Farming Map Applicant: Tom Kidwell File #: SP 10-020 R=1 R=4 C=1 \ � \ C-1 C-1 SITE RT \� � G Reference 5 - Planning Commission Minutes Planning Commission Minutes July 15, 2010 A. SPECIAL PERMIT Location of a farm in RT (Residential Transition) and C-1 (Retail Business) Zones (the southwest corner of the intersection of Road 76 and Burden Blvd. lying northerly of I-182) (Tom Kidwell) fMF#1 SP 10-02011 Chairman Cruz read the master file number and asked staff for comments. Mr. McDonald, City Planner stated the application was for the location of a farm in an RT &, C-1 zone west of Lowe's on Road 68. The property is owned by the Department of Natural Resources and is part of the land they own to the south of I-182. The property has water rights attached to it and establishing a farm perfects the water rights assigned to this property. The only way to perfect those water rights is to put the land to beneficial use such as farm the land. I response to the hearing notice staff received a couple of calls regarding the stacking of hay in front of homes and use of the bike path. Dust control and noise were also briefly discussed. It was explained that the area west of Road 68 had been used for farming in past years and as development occurred, crop circles were purchased and incrementally converted to subdivisions with houses. Housing and farming have coexisted in the area with few complaints being generated. To address possible concerns about blocked views and other issue Mr. McDonald recommended the proposed approval conditions also include additional conditions regarding hay stacking in certain areas, over spraying on property owners fences, and interference with the bike path.. Connie Scheenstra, 4912 Porlier Lane, Pasco, WA stated she owned a townhouse bordering the property in question and she was concerned about blowing dust and use of fertilizers or pesticides. She also questioned the type of crop to be planted. Chairman Cruz stated alfalfa would be the crop for this property. The Planning Commission agreed to add the conditions as presented. Commissioner Anderson moved, seconded by Commissioner Hay, to close the hearing on the proposed commercial farm and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the August 19, 2010 meeting. Planning Commission Minutes 8-19-10 A. SPECIAL PERMIT Location of a farm in RT (Residential Transition) and C-1 (Retail Business) Zones the southwest corner of the intersection of Road 76 and Burden Blvd. lying northerly of I-182) (Tom Kidwell) (MF# SP 10-020) Chairman Cruz read the master file number and asked staff for comments. Mr. Dave McDonald, City Planner, stated the recommended conditions item #14 should state that farming operation shall not interfere -a ith the bike path. Commissioner Neuenschwander questioned if the spraying issue of chemicals was addressed. Mr. McDonald stated approval conditions reflect her concern. A small irrigation circle will be installed and possible some solid set lines. He also mentioned that alfalfa is a crop decreases the need for chemicals. A condition states no over spraying on neighboring properties or in any right-of-way, Commissioner Neuenschwander questioned the process for the water rights, specifically if this property is not put to use would the water rights disappear. Mr. McDonald stated if the land is undeveloped the eater rights will disappear and will be lost forever, with land development the water rights are perfected. In this case the property is being irrigated and farmed. Commissioner Neuenschwander questioned how complaints will be addressed. Mr. McDonald stated during the building permit process a complaint plan will be required from the developer. Commissioner Neuenschwander questioned how the City will enforce such plan. Mr. McDonald stated the City's Code Enforcement division will address any issues and if needed will follow up with abatement. Commissioner Neuenschwander questioned the three (3) year review process. Mr. McDonald stated if after three (3) years with no issues, the special permit will be extended up to an additional five (5) years for a total of up to eight (8) years for this special permit. Commissioner Hay moved, seconded by Commissioner Anderson, to adopt findings of fact and conclusions therefrom as contained in the August 19, 2010 staff report. Commissioner Hay further moved, seconded by Commissioner Anderson, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Tom Kidwell/Washington State Department of Natural Resources for the location of a farm with conditions as contained in the special permit. The motion passed unanimously. AGENDA REPORT NO. 16 FOR: City Council DATE: August 18, 2010 r TO: Gary Crutchfield, City r r FROM: Michael R Mc :i'ty Engineer Regular: 09/20/10 SUBJECT: Standard Specifications Ordinance I. REFERENCE(S): I. Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 09120: MOTION: I move to adopt Ordinance No. 3969 amending Chapter 14.08 "Construction Standards", Section 14.08.010 "Adopted"; and adding Section 14.08.020 "Applicability", and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The original ordinance adopting Construction Standards for the City was passed in 1969 and the standard referenced is no longer in use. Staff is proposing to revise the section indicating the current standards as well as adding a section regarding the applicability of the standards. B) This matter went to discussion before City Council at the 08/23/10 Workshop meeting; and was theft tabled at the 09/07/10 Regular Council meeting. V. DISCUSSION A) Staff recommends the adoption of the ordinance to provide more clear direction on city standards to both staff and the public. 9(a) I I ORDINANCE NO. 3969 AN ORDINANCE concerning Public Works Standard Specifications, amending Section 14.08.010, and adding Section 14.08.020 of the Pasco Municipal Code. i WHEREAS, the City wishes to adopt current construction standards to provide direction on construction in the City of Pasco, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 14.08.010 of the Pasco Municipal Code is hereby amended to read as follows (deletions shown by interlineations and additions shown by underlining): 14.08.010 ADOPTED. 14ibjeette—the pfay5i z, 4 —1--- '—So'e tion.. . 1 80,the "MaBdar-d eci Wa4ik Sta,,5e Chalmef of the Amn.iean P e 1969 edition. and all eats,- difiea�ien , ,Rd „ti.a ge ,.hefetn, af&-a p --bv reference;...e-x ejA--a-, ehfipten The Standard Specifications for Road. Bridge. and Municipal Construction published b v WashinRtotl St t De art e t of Tr o all oven alt construction, modification, extension or improvement affecting directly or indirectly any City utility or street infrastructure elements. Said improvements include, but are not limited to streets, sidewalks. structures, sewer lines, water lines. storm drainage lines, irrigation lines, or appurtenances thereto, either by public works contract or by private development, within the City. The Standard Specifications are adopted as modified by the City of Pasco Amendments to the Standard Specifications and the City of Pasco Standard Drawings, approved and signed y the city Engineer. except as may be directed by the City Engineer. The City Clerk shall keep three copies of said Standard Specifications for- Midaieipal leilic1 ,'rrk Crrr and Amendments on file at all times as required by state law. (Ord. 1367 Sec. 1, 1969.) Section 2. Section 14.08.020 of the Pasco Municipal Code is hereby added to read as follows: I 14.08.020 APPLICABILITY. The Standard S12ecifications shall govern all construction modification extension or improvement affecting directly or indirectly any City utility or street infrastructure elements either by Dublic works contract or by private development, within the City, Secllon 3. This Ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco, this 20th day of September, 2010, Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney