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HomeMy WebLinkAbout2011.06.06 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. June 6,2011 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 -A,ill be enacted by roll call vote as one motion(in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated May 16, 2011. (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 $2,611,321.22 ($363,222.27 in the form of Electronic Fund Transfer Nos. 6050, 6097, 6125, 6126, 6138, 6142, 6143 and 6164; and $2,248,098.95 in the form of Wire Transfer No. 1075, 1076, 1078, 1079 and 1080-1085; and Claim Warrants numbered 182360 through 182635). 2. To approve Payroll Claims in the amount of $2,003,072.94, Voucher Nos. 42530 through 42631; and EFT Deposit Nos.30044553 through 30045102. `(RC) MOTION: 1 ULO VG w approve the r..onsent Agenda as read, 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following Paso residents have been invited to attend the Council meeting to receive Certificates of Appreciation from the City Council for"Yard of the Month," May 2011. 1. Irma Escamila, 816 W. Octave Street 2. Celeste Garcia, 1803 W.Octave Street 3. Jessica and James Negron,6228 Comiskey Drive 4. Lynn Hguyen, 4508 John Deere Lane (b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco business has been invited to attend the Council meeting to receive a Certificate of Appreciation from the City Council for `Business of the Month Appearance •Award" for May 2011. 1. Mexico l indo, 1819 W. Court Street 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (u) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS .RELATING THERETO: Q*(a) Street Vacation (NIF#VAC2011-003)Saint Fran Court(Gary Earp). 1. Agenda Report from David 1.McDonald, City Planner dated June 1,2011, 2. Vicinity Map. 3. Proposed Ordinance, CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating Saint Fran Court. MOTION: I move to continue the 17caring, until July i8, 2011 to allow start- and the applicant time to ad&-c,, 11i ituw ricc�:m needs of the applicant's property and surrounding properdes_ Regular Meeting 2 June 6,2011 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Q*(a) Comprehensive Plan Land Use Map Modification(MF#CPA 10-004): 1- Agenda Report from Jeffrey Adams, Associate Planner dated May 27, 2011. 2. Vicinity Map. 3. Proposed Ordinance, 4. Motions. 5. Binder containing the Hearing Record (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's wcbpage at http://www.aasco-wa.jzov/citycouncilre orts . CONDUCT A CLOSED RECORD HEARING 1. Motion to Accept Planning Commission Recommendation: Motion IA: I move to adopt the Findings of Fact as contained in the staff report to the Planning Commission, Motion 1R: Based on the findings of Fact as adopted, l move to adopt Ordimuicc No. an Ordinance amending the Comprehensive flan Land Ose Map by adding a Mixed Residential designation for a site located west of Charles Avenue, north of Clark Street,and south of Highland Park,as recommended by the Planning Commission and, further, authorize publication by summary only. 2. Motion to Deny the Comprehensive Plan Amendment: Motion 2A: l move to table action on the proposed Comprehensive Plan Amendment until June 20, 2011 to allow staff time to prepare Findings of Fact to support denial of the Amendment. Q*(b) Ordinance No. _, an Ordinance of the City of Pasco, Washington, amending the zoning classification of the property located at 1911 North 20'h Avenue, from "O" (Office) to R-1 (Low Density Residential). 1. Agenda Report from Jeffrey Adams,Associate Planner dated May 31, 2011. 2. Vicinity Map. 3. Proposed Ordinance. 4. Planning Commission Report. 5. Planning Commission Minutes dated 4/28/11 and 5/19/11. MOTION. 1 move to adopt Ordinanct;Nu- , granting a rezone Or a parcel of land at 1911 Noilh 211`I` Avenue froin `�a` to R-1 as rc:coinrnc}ndcd by Ihii Planning C Lnnmissicsn and, further, to authorize publication by summary only. 9. LNFINTSHF,D BUSTNF,SS: (None) 10. NEW BUSINESS: *(a) Public Facilities District Board Appointment: 1. Agenda Report from Gary Crutchfield,City Manager dated May 31, 2011. 2. Application(1)(Council packets only). MOTION: I move to reappoint ,!elan Merk to Position No_ 1 ort the Public Facilities District Board (A'Directors with an cxpiration daw of 7/14/15. *(b) Legislative Consultant Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated May 31, 2011. 2. Proposed Agreement. MOTION: 1 move to approve the agreement with Gordon Thomas Honeywell Governmental Affairs t'or legislative consullaui services and, further, authorize the City Manager to sign the agreenienl. *(c) Award Lill#148—Kurtzman Park Street Improvements,Project No. C2-10-81STR: I. Agenda Report from Ahmad Qayoumi,Public Works Director dated June 1, 2011. 2. Vicinity Map. 3. Bid Summary. (RQ MOTION: 1 move to award the low hid for the LIT) #148 KurtLmau Park Street E11provcmcnts, Project No- C2-10-81STR to A, B Asphalt, Inc., to include Alternate I in the amount of $608,781.99. plus applicdhlu sales tax and, further, authorize llte Mayor to sigh the cmitr3ct doctimcnis. Regular Meeting 3 June 6, 20.11 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) Collective Bargaining Proposal (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF## "Master File 4...." Q Quasi-Judicial Matter REMINDERS: 1. 1:30 Para., Monday, June 6, KGH—Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 2. 5:00 pan., Tuesday, June 7, TRAC — TRAC Advisory Board Meeting. (COUNCIL.MEMBERS REBECCA FRANCIK and AL YENNEY) 3. 7:00 a.m., Thursday, June 9, Cousin's Restaurant—RFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 4. 3:30 p.m., Thursday, June 9, 1110 Osprey Pointe Blvd—Osprey Pointe Dedication Ceremony. (MAYOR PRO-TEM REBECCA FRANCIK)(ALL COUNCILMEMBERS INVITED TO ATTEND) 5. 7:00 pan., Thursday, June 9, Transit Facility— Ben-Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; C:OUNCILMEMBER MIKE GARRISON,Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 16, 2011 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Franeik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney, Staff present; Gary Crutchfield, City Manager; Leland Ken, City Attorney; Stan Strebel, Deputy City Manager; Richard 'rerway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Dcnis 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 May 2, 2011. (b) hills and Communications To approve General Claims in the amount of$799,621.96 ($114,133.35 in the form of Electronic Fund Transfer Nos. 5823, 5856, 5877, 5878, 5879, 5880, 5889, 5899, 5923 and 5957; and $685,488.61 in the form of Wire Transfer No. 1077 and Claim Warrants numbered 182105 through 182359). 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$151,818.52 and, of that amount, authorize $103,947.99 be turned over for collection. (c) Appointments to Historic Preservation Commission To appoint David Dalthorp to Position No. 1 and reappoint Dan Stafford to Position No. 2 (both with the expiration date of 8/1/2014) to the Historic Pre;scrvation Commission. Removed from Consent Agenda and moved to item 10(c). (d) Final Plat (MF#FP2011-004) Northwest Commons PUD Phase 3A (Emerald Properties): To approve the Final Plat for Northwest Commons PUD Phase 3A. MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Matt Watkins presented a Proclamation to Ahmad Qayoumi, Public Works Director, proclaiming May 15-21, 2011 Public Works Week. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Larsen attended a meeting on the health of the aquifers in Central Washington. Mr. Martinez noted there is a Safety Expo at TRAC on May 17 & 18. He also spoke at a `College Bound' event at Columbia Basin College. 1 3(a). 1 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 16, 2011 Ms. Francik reported on the WA State Freight Mobility Strategic Investment Board meeting held in Pasco. Mr. Hoffmann attended the BFCG Tri-Mats Policy Advisory Committee meeting. Mayor ''Vatkins attended a reception at Columbia Basin College for the President of Group Health Cooperative. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation (MF #VAC2011-004) the south five feet of Hillsboro Street east of Commercial Avenue. Council and staff discussed the proposed vacation. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED VACATION, FOLLOWING THREF CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING NONE, N/IAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 4006, an Ordinance vacating the south five feet of Hillsboro Street cast of Commercial Avenue. MOTION; Ms. Francik moved to adopt Ordinance 4006, vacating the south five feet of Hillsboro Street east of Commercial Avenue and, further, to authorize publication by summary only, Mr. Martinez seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 4007, an Ordinance of the City of Pasco, Washington, amending the zoning classification of property located at 624 West Lewis Street from C-1 (Retail Business) to C-3 (General Business)with a concomitant agreement. Mr, Whig explained the details of the proposed rezone. MOTION: Ms. Francik moved to adopt Ordinance No. 4007, rezoning the property located at 624 West Lewis Street from C-1 to C-3 with a concomitant agreement as recommended by the Planning Commission and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Ordinance No. 4008, an Ordinance of the City of Pasco, Washington, amending the zoning classification of Lot 2, Short Plat 2008-09, from R-1 (Low Density Residential) to R-2 (Medium Residential) with a concomitant agreement. Council and staff discussed the details of the proposed rezone. MOTION: Ms. Francik moved to adopt Ordinance No. 4008, granting a rezone for a parcel of land in the 3300 block of Wernett Road from R-1 to R-2 with a concomitant agreement as recommended by the Planning Commission and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3317, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a public part: at 5520 Salem Drive. Mr. White explained the details of the special permit. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 16. 2011 MOTION: Ms. Francik moved to approve Resolution No. 3317, approving a Special Permit for the location of a public park at 5520 Salem Drive, Mr. Martinez seconded. Motion carried unanimously. Resolution No. 3318 a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a church at 316 North 11th Avenue. Mr. White explained the details of the special permit. MOTION: Ms. Francik moved to approve Resolution No. 3318, approving a Special Permit for the location of a church at 316 North 11 th Avenue. Mr. Yenney seconded. Motion carried unanimously, Resolution No. 3319, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the renewal and expansion of a resource recovery facility at 215 East Ainsworth Avenue. Mr. White explained the details of the special permit. MOTION: Ms. Francik moved to approve Resolution No. 3319, approving a Special Permit for the renewal and expansion of a resource recovery facility at 215 East Ainsworth Avenue. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3320, a Resolution approving a preliminary plat for Ranger Heights. Mr. White explained the details of the proposed preliminary plat. MOTION: Ms. Francik moved to approve Resolution No. 3320, approving the Preliminary Plat for Ranger 14eights. Mr, Yenney seconded. Motion carried unanimously. Resolution No.3321, a Resolution authorizing submittal of a Hanford Area Economic Investment Fund Grant Application for construction of a sewer pump station and technical assistance for the Downtown Pasco Development Authority. Council and staff discussed the grant opportunity. MOTION: Ms. Francik moved to approve Resolution No. 3321, authorizing the submittal of HAEIFC Grant applications for partial funding of a sewer pump station and technical assistance for the Downtown Pasco Development Authority. Mr. Garrison seconded. Motion carried unanimously. Resolution. No. 3322, a Resolution confirming appointment of David L. Petersen as Pasco Municipal Court Judge. Council and staff discussed the details of the appointment. MOTION: Ms. Francik moved to approve Resolution No. 3322, confirming the City Manager's appointment of David I,. Petersen as Municipal Court Judge. Mr. Martinez seconded. Motion carried unanimously. NEW BUSINESS: Downtown Pasco Development Authority Board Appointments: Mr. ;John 'Talbot, 6712 W. Octavc, inquired about the appointment process. Mr. Crutchfield explained the details of the DPDA Board appointment process. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 16, 2011 MOTION: Ms. Francik moved to confirm the Mayor's appointment of Miguel Angulo, Wanda Buddrius, Carl Holder, Michael Miller and Shirley Reese to the Downtown Pasco Development Authority board. Mr. Garrison seconded. Motion carried unanimously. 3rd Avenue and Pearl ,Street Improvements: Mr. Qayoumi explained the details of the improvements. MOTION: Ms. Francik moved to ratify the City Manager's award of the 3rd Avenue and Pearl Strcct Improvements project to A&B Asphalt, Inc., in the amount of$54,350.61. Mr. Garrison seconded. Motion carried unanimously. Appointments to Historic Preservation Commission: MOTION: Ms. Francik moved to appoint David Dalthorp to Position No. I and Dan Stafford to position No. 2 (both with the expiration date of 8/1/2014) to the Historic Preservation Commission. Mr. Garrison seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. John Talbot, 6712 W. Octave, requested clarification of the City Manager's authority after the Downtown Pasco Development Authority Board is seated. Mayor Watkins asked the Public Facilities District applicant screening committee to meet for a few minutes after the Council meeting is adjourned. ADJOURNMENT: "There being no further business, the meeting was adjourned at 8:08 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSFD and APPROVED this 6th day of June, 7.01 1 , 4 CITY OF PASCO Council Meeting of: June^o.2011 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the undersigned,do hereby certify under penalty of perjury that the materials have been furnished,the servic endered or the labor performed as described herein and that the claim is a just, due and unpaid obli tion against the city and that we are authorized to authenticatf nd certify to said claim. Gary Cru i Manager Dunyele Mason, Finance Services Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington,do hereby certify on this 6th day of June,2011 that the merchandise or services hereinafter specified have been received: Check Numbers and '182360 -182635 In The Amount Of: $2,248,098.95 Electronic Funds Transfers: 1075-1076; 1078-1079 1080-1085 In The Amount Of; $363,222.27 Electronic Funds Transfers: 6050, 6097,6125-6126 (Journal Entries) 6138. 6142,6143.6164 Combined total of $2:611;321.22 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND: Legislative 1,350.00 Judicial 6,649.82 Executive 6,763.68 Police 185,235.77 Fire 1 2,762.99 Administration & Community Services 138,.619.60 Community Development 3.033.92 Engineering 6,649.36 Non-Departmental 26,599.61 Library 93,464.96 TOTAL GENERAL FUND: 481,129.71 STREET 80,530.00 ARTERIAL STREET 0.00 STREET OVERLAY 0.00 C. D. BLOCK GRANT 88,805.22 KING COMMUNITY CENTER 1-751-24 AMBULANCE SERVICE 4,508.37 CEMETERY 461783 ATHLETIC PROGRAMS 2,948.67 GOLF COURSE 102.434.39 SENIOR CENTER OPERATING 4,120.42 MULTI MODAL FACILITY 2,397.78 RIVERSHORE TRAIL&MARINA MAIN 561.44 SPECIAL ASSESSNINT LODGING 21,495.26 LITTER CONTROL 1,709.58 REVOLVING ABATEMENT 827.92 TRAC DEVELOPMENT&OPERATING 28,593.69 PARKS 0.00 STADIUM/CONVENTION CENTER 8,916.52 GENERAL CAP PROJ CONSTRUCTION 281,541.03 WATERISEWER 748,207.27 EQUIPMENT RENTAL-OPERATING GOVERNMENTAI 33,146.57 EQUIPMENT RENTAL-OPERATING BUSINESS 16,556 78 EQUIPMENT RENTAL- REPLACEMENT GOVERNMENTAL 27,454.12 EQUIPMENT RENTAL- REPLACEMENT BUSINESS 123,169.46 MEDICAL/DENTAL INSURANCE 382,094.58 CENTRAL STORES 0.00 OLD FIRE PENSION 8,211.97 PAYROLL CLEARING 76,849.60 LID CONSTRUCTION 4.00 PUBLIC FACILITIES DIST 29,216.43 TRI CITY ANIMAL CONTROL 49,438.87 SENIOR CENTER ASSOCIATION 86.40 GRAND TOTAL ALL FUNDS: $ 2,611,321.22 3(b). 1 CITY OF PASCO Council Meeting of: Payroll Approval June 6,2011 The City Council City of Pasco Franklin County, Washington The following is a summ2ry of payroll claims against the City of Pasco for the month of May 2011 which �resente ere ith for your review and approval. 1 r Gary/Crutc ity f Rick Terway,Administrative&Community Services Director f 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.42530 through 42631 and EFT deposit No's. 30044553 through 30045102 and City contributions in the aggregate amount of$2,003,072.94 are approved for payment on this 6th day of June 2011. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 7,600.88 Judicial 77,448.53 Executive 61,075.18 Police 591,947.93 Fire 269,148.84 Administrative&Community Services 264,914.93 Community Development 75,929.09 Engineering 99,871.26 TOTAL GENERAL FUND 1,447,936.64 CITY STREET 38,567.38 BLOCK GRANT 13,532.52 MARTIN LUTHER KING CENTER 5,685.22 AMBULANCE SERVICE FUND 149,023.87 CEMETERY 10,878.95 ATHLETIC FUND 2,157.30 SENIOR CENTER 13,465.20 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 0.00 WATER/SEWER 295,720.87 EQUIPMENT RENTAL-OPERATING 26,102.99 GRAND TOTAL ALL FUNDS $ 2,003,072.94 Payroll Summary Net Payroll 943,880.74 Employee Deductions 564,713.65 Gross Payroll 1,508,594.39 City of Pasco Contributions 494,478.55 Total Payroll $ 2,003,072.94 3(b).2 AGENDA REPORT f� FOR: City Council June 1, 2011 `t TO; Gary Crutchfi anager Regular Mtg.: 6/6/11 Rick White, Community& Economic Development Director FROM: David 1. McDonald, City Planner� SUBJECT: STREET VACATION (MF#VAC 2011-003) Saint Fran Court Q ry Earp) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING 6/6: MOTION: I move to continue the hearing until July 18, 2011 to allow staff and the applicant time to address future access needs of the applicant's property and surrounding properties. III. FISCAL, IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of property contained within Binding Site Plan 2003-10 located at the northwest corner of Argent Road and Road 68 petitioned to vacate undeveloped Saint Fran Court located in said Binding Site Plan. B. The City Council set June 6, 2011 as the date to consider the vacation request. V. DISCUSSION: A. The petitioners purchased four parcels of land totaling 5.5 acres at the northwest corner of Argent Road and Road 68 in 2006 with the intent of developing a neighborhood retail/office center on the property. B. The petitioners have requested the vacation of Saint Fran Court to assist with the planning for the development of a commercial strip center on the property. C. Saint.Fran Court was established in 2002 when the previous owner created the parcel for the old Heidi Haus building (now Magill's) and had plans to further divide the parcel at 3216 Road 68. Saint Fran Court was to provide access to a second lot at 3216 Road 68. The previous owner also wanted the flexibility to possibly eliminate the access easement along the south side of the parcel at 3216 Road 68. Saint Fran Court would provide an alternate means of access to an adjoining parcel if this easement were to be eliminated. D. The proposed vacation raises several questions about the overall access needs of the applicant's property and surrounding properties. The city, as well as the applicant, needs to have a better understanding of how the site and the parcel at the north end of Saint Fran Court will be provided with standard access in the event Saint Fran Court is vacated. Access to the site from Road 68 will be limited due to the geometries of Road 68 (curvature of the road and the fact it is on a hill) and traffic safety concerns. Before the city abandons the public right-of-way in question it would be advisable for these issues to be addressed with the applicant. E. Staff recommends the hearing on the proposed vacation be continued to July 18, 2011 to allow time for the applicant to work with staff in developing an access plan to address the access to adjoining parcels and safety issues along Road 68. 7(a) Item: Street Vacation - St. Fran Court Vicinity Applicant: Gary Earp N Map File #. VAC 2011 -003 �• `` r' ' •inn ti 146.45 _ 4 601 ` Binding Site . -V Plan Area f. ARGEMT RD �_- 60 " -- _ Area + ^ 1 F+ to be T - Vacated b Reference 2 - Proposed Ordinance WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 Noi-th 3'd Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING SAINT FRAN COURT, 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 right-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and perfonned; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That all of Saint Fran Court, as depicted in Exhibit "1" be and the same is hereby vacated subject to the easement retained in Section 2 below, Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect westerly 10 feet of the right-of-way vacated in Section 1 above for the construction, repair and maintenance of public utilities and services, Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington, Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law, PASSED by the City Council of the City of Pasco, this 6th day of'June, 2011, Matt Watkins Mayor AT-TEST: APPROVED AS TO FORM: Debra L, Clark Leland B. Kerr City Clerk City Attorney Exhibit Item• Street Vacation - St. Fran Court #1 Applicant: Gary Earp x File # : VAC 2011 -003 1 BV g - 488.69' � g MGM fM - 80 � Area \ Vacated AGENDA REPORT FOR: City Council I May 27, 2011 TO: Gary Crutchfie it , anager Regular Mtg.: 6/6/11 Rick White, Community & conomic Development Director 2tl-) FROM: Jeffrey B. Adams, Associate Planner SUBJECT: COMPREHENSIVE PLAN LAND USE MAP MODTFTCATTON (MF# CPA 10- U I. REFERENCE(S): 1. Vicinity Map 2. Proposed ordinance 3. Motions 4. Binder containing the Hearing Record (Council packets only; copy available for public review in the Planning Office, the Pasco Library, or on the City's webpage at: h.ttp://wm m,.pasco-wa. o� v/ci.tvQouneilrei)Qrts). II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: A. CONDUCT A CLOSED RECORD HEARING B. Council action based on the record (reports, correspondence and transcripts) either 1. Approve the Comprehensive Plan amendment as recommended by the Planning Commission, or 2. Deny the Comprehensive Plan Amendment. Recommended motions are provided in Reference 3. FISCAL IMPACT: NONE III. HISTORY AND FACTS BRIEF: A. On December 16, 2010 the Planning Commission held a public hearing to determine whether or not to recommend the Comprehensive Plan Land Use designation for a site located west of Charles Avenue, north of Clark Street, and south of Highland Park be changed from Low Density Residential to Mixed Residential. B. Following conduct of the hearing, the Planning Commission reasoned that the site in question is an appropriate location for the proposed Plan amendment. C. The Planning Commission's recommendation was appealed by adjoining property owners. D. On March 218t' 2011 the City Council remanded the matter back to the Planning Commission for consideration focused solely on the Comprehensive Plan Amendment, independent of the applicant and similar development projects. E. On April 28`h, 2011 the Planning Commission held a remand hearing which excluded the Beacon Development proposal and similar Beacon Development projects, to determine whether or not to recommend the Comprehensive Plan Land Use be changed from Low Density Residential to Mixed Residential. F. Following conduct of the remand hearuig, the Planning Commission reasoned that the site in question is an appropriate location for the proposed Plan amendment. 8(a) IV.DISCUSSION: A. Consideration of an appeal occurs in the form of a "Closed Record Hearing" consisting of the written record of the Comprehensive Plan Land Use designation application, including testimony and the Planning Commission's deliberations. B. At the conclusion of the Closed Record Hearing the City Council should take one of the following actions: 1. Approve the Comprehensive Plan Land Use designation. 2. Deny the Comprehensive Plan Land Use designation. C. Sbould the Council decide to deny the amendment, this item should be tabled until the next regular meeting to allow time to prepare appropriate findings of fact to support a motion for denial. D. A question arose previously concerning the boundaries of the proposed amendment. It is good planning practice to follow street centerlines or other physical boundaries and to provide for a graduation of land use intensities and buffering of low intensity Uses. For these reasons, the proposed amendment was expanded by staff to include the applicant's property and property east of Franklin/California Avenue and north of Clark Street. E. With the exception of the R-1-A (Low Density Residential Alternate) and the higher density R-2 and R-3 zoning districts, the "Mixed Residential" designation on the Comprehensive Plan Land Use Map allows the same zoning categories that the"Low Density Residential" designation allows. F. The next steps required for any project development at this site would include a zone change if higher density is desired, followed by submittal of project plans, detailing proposed density, parking, .landscaping and screening, architectural design, and engineering. Item: Comprehensive , Amendment Vicinity Ap licant: Beacon Development Map File CPA 10-004 i ,• ., ` tvr - _ .� � ' �� it I�'.Y.�� L7r 14 , ire a � • F-,fs.��� 77 ���►• ` 1 ,yet 3f ., :�%' �� • � ��°'�.- •2! � �2��jy �� � � wr r + ORDINANCE NO. AN ORDINANCE RELATING TO COMPREHENSIVE LAND USE PLANNING AND AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF PASCO. WHEREAS, the Pasco City Council did on September 2, 2008. adopt by Ordinance No. 3866 a Comprehensive Plan for the City; and, WHEREAS, the Comprehensive Plan adopted under Ordinance No. 3866 fulfilled State requirements under the Growth Management Act; and, WHEREAS, the Growth Management Act permits the City's Comprehensive Plan to be reviewed and updated not more than once per year; and, WHEREAS, on December 16, 2010 the Planning Commission held a public hearing to receive input on a proposed change for the Comprehensive Plan Land Use Map from Low- Density Residential to Mixed Residential near the northwest corner of Charles Ave and Clark St; and, WHEREAS, following the Planning Commission's recommendation for the proposed Comprehensive Plan amendment issued on January 20, 2011 neighboring property owners filed a written appeal of the Planning Commission's recommendation; and WHEREAS, the City Council remanded the matter back to the Planning Commission for further review without consideration of site-specific projects or past projects completed by the applicant; and WHEREAS, the Planning Commission made a final recommendation on the proposed Comprehensive Plan Land Use Map amendment on April 28, 2011; and WHEREAS, the City Council finds the Planning Commission's recommendation will aid the City in anticipating orderly and coordinated development within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. That Ordinance No. 3866 be and the same is hereby amended to show changes in the Land Use Map of the Comprehensive Plan as indicated in Exhibit"]"attached hereto. Section 2. This ordinance shall be in fall force and effect after passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 6`h day of June, 2011. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Loland R. Kerr City Clerk City Attorney 1 Item: Comprehensive Plan Amendment Exhibit App Deve opment N #1 File #: CPA 10-004 4P ILI . _ s MOTIONS The following motions can be used for action on the proposed Comprehensive Plan Amendment. 1) Notion to Accept Planning Commission Recommendation; Motion 1 A: I move to adopt the Findings of Fact as contained in the staff report, to the Planning Commission. Motion 1 B. Based on the Findings of Fact as adopted I move to adopt Ordinance No. . an Ordinance amending the Comprehensive Plan Land Use Map by adding a Mixed Residential designation for a. site located west of Charles Avenue, north of Clark Street, and south of Highland Park, as recommended by the Planning Commission, and further, authorize publication by summary only. 2) Motion to Deny the Comprehensive Plan Amendment: Motion 2 A: I move to table action on the proposed Comprehensive Plan Amendment. until June 20, 2011 to allow staff time to prepare Findings of Fact to support denial of the mendment. AGENDA REPORT FOR: City Council May 31, 2011 i a TO: Gary Crutchf anager Regular Mtg.: 616/11 Rick White, ' Community & Economic Development Director FROM: Jeffrey B. Adams, .Associate Planner Y� SUBJECT: REZONE Z 2011-004 : Rezone from "O" Office to R-'1 Low Density Residential) (1911 North 20th Ave) (Philip Richardson 1. REFERENCE(S): 1 . Vicinity Map 2, Proposed Ordinance 3. Planning Commission Report 4. Planning Commission Minutes: Dated 4/28/2011 and 5/19/2011 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 6/6: MOTION: I move to adopt Ordinance No. granting a Rezone for a parcel of land at 1911 North 20th Avenue from "O" to R- 1 as recommended by the Planning Commission and, fuirthcr, to authorize publication by summary only. Illl. FISCAL IMPACT: NONE IV, HISTORY AND FACTS BRIEF: A. On April 28, 2011 the Planning Commission conducted a public hearing to determine whether or not to recommend a Rezone from "O" to R-1 for a 113-acre parcel located at 1911 North 20th Ave. B. Following conduct of the public hearing, the Planning Commission reasoned that it would be appropriate to recommend a change in zoning for the property in question, which would allow the current .single family residence to conform with the zoning. C. No written appeal of the Planning Commission's recommendation has been received. 8(b) Item: Rezone - "O" to R- 1 Vicinity Applicant: Philip Richardson N Map File #: Z 2011 -004 Y SITE NEW N fit ► �• F r b Reference 2 - Proposed Ordinance WHEN RL:CORDED,PLEASL RETURN TO: City of Pasco Attn: City Planner 525 N,Third Avenue Pasco, WA99301 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO,WASHINGTON,AMENDING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT 1911 NORTH 20TH AVENUE, FROM "O"(OFFICE)TO R-1 (LOW DENSITY RESIDENTIAL). WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (13) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and(C)there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification; and NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from "O" (Office)to R-1 (Low Density Residential) for the real property as shown in the Exhibit "1" attached hereto and described as follows: Richardson Addition Lots 3 & 4,Block 1,except the south 25' of Lot 4,together with the vacated west half of the north/south alley; and except the portion to the City of Pasco & except the portion for Pacific States Highway 395. Section 2. This ordinance shall take full force and effect five (S) 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 6'h day of June 2011. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L, Clark, City Clerk Leland B. Kerr,City Attorney Exhibit Item: Rezone - "O" to R- 1 #1 Applicant: Philip Richardson x File #: Z 2011 -004 0 Q a o = Z N RICHARDSON ST N SITE T W _jl a x PEARL ST a T N T Reference 3 - Report to the Planning Commission REPORT TO THE PLANNING COMMISSION MASTER FILE NO. Z 2011-004 APPLICANT: Philip Richardson HEARING DATE: 4/28/2011 6150 Canoga Ave #214 ACTION DATE: 5/19/2011 Woodland Hills, CA 91367 BACKGROUND REQUEST: REZONE Rezone from "O" Office to R-1 (Low-Densit Residential) to allow current SFDU development to conform with Zoning 1. PROPERTY DESCRIPTION: Legal: Richardson Addition Lots 3 & 4, Block 1, except the South 25' of Lot 4, together with the vacated west half of the north/south alley; and except the portion to the City of Pasco & except the portion for Pacific States Highway 395. Location: 1911 North 20th Avenue Property Size: Approximately .33 acres 2. ACCESS: The property has access from 20th Avenue along the west property line and from an alley to the east. 3. UTILITIES: All utilities are available to the site. 4. LAND USE AND ZONING: The site is currently zoned "O" (Office). The site is developed with a single-family home. Surrounding properties are zoned and developed as follows: North "O" Office - Vacant South "O" Office - Daycare Center East R-1 Low Density Residential - City Park West "O" Office - Eye Clinic S. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates this area for low-density residential uses. However Land Use Policy LU-4-A Policy states that the City should "Locate commercial facilities at major street intersections to... avoid disruptions of residential neighborhoods". 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 1 Non-Significance (DNS) has been issued for this project under WAC 197- 11-158. ANALYSIS Subject property was owned by Leland Richardson until he passed away in 2008. His sons are attempting to sell it as part of his estate. The sons feel that it will be very difficult to sell the property, because lenders will not approve loans for residential use in an "O" (Office) zone. The City of Pasco Comprehensive Plan shows the property to be within a low density residential designation; however it has been surrounded by Office zoning on three sides for over 30 years. The sons are therefore seeking a zone change from "O" to R-1. There is no project associated with the proposed zone change. The subject property is located on a major arterial (20th Avenue) adjacent the freeway interchange of State Highway 395/I-182. It is zoned "O" (Office) and is surrounded by "O" zoning except for the residential area to the east which is zoned R-1. The property to the north is vacant; there is a City park (Richardson Park) to the east; properties to the west are fully developed with offices, and to the south a day care facility and residential uses. The City's Land Use Plan indicates the property in question should be utilized for low density residential uses. Rezoning the site would support the Comprehensive Plan Land Use Map. However it would run contrary to Land Use Policy LU-4-A of the Comprehensive Plan which indicates that major street intersections should be used for more intensive uses, rather than residential. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: The medical/appraisal office to the south is now used for a daycare facility. Otherwise there have been no changes in the general vicinity in the last few years. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare: A rezone from "O" to R-1 would permit the single-family unit currently located on the property to be a legal use without nonconforming status. The property owners claim that the property will probably become a nuisance to the community if not rezoned because it cannot be improved or upgraded as a residence and banks generally do not loan against nonconforming uses. However, maintenance and repair of nonconforming uses is allowed as per PMC 25.72.050(1). Residential use would be less intensive than current zoning allows. However residential uses along an arterial street and surrounded by 2 office uses may increase the health and safety risks to residents of the property. As well, good planning practice discourages placing residential uses in with more intensive uses or immediately adjacent major arterials and freeway interchanges. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan: Because the residence has been in place since around 1949 it is unlikely that returning the property to a residential zoning designation would affect surrounding property values, as the nonconforming residential use would simply continue, but as a conforming use. However good planning practice does not encourage locating residences in more intensive use areas such as office blocks and immediately adjacent major arterials and freeway interchanges. Nor is it good planning practice to legitimize nonconformity for its own sake. 4. The effect on the property owners if the request is not granted: The residential use would simply continue as a nonconforming use. However the property cannot be altered or extended as a residence in the current zone. As well, some banks will not loan against the property for residential use (it can still be maintained and repaired as per PMC 25.72.050(1)). The owners could still use, lease or sell the property as an office use, however tenant improvements such as ADA and parking requirements would likely be required. S. The Comprehensive Plan land use designation for the property: The Comprehensive Plan designates the site for love-density residential uses. STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial Findings drawn from the background and analysis section of the staff report. The Planning Commission may add Findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The Comprehensive Plan designates the site for low-density residential uses. 2. The Comprehensive Plan designates the land directly across 201h Avenue for public uses, such as schools and civic facilities. 3. The site is developed with a single-family dwelling unit, built around 1949. 4. The site is zoned "O" (Office), and is surrounded on three sides by office zoning. 5_ The site borders an R-1 Zone to the east, which is developed with a City park. 6. The site was annexed by the City of Pasco in 1949. 3 7. The site has been zoned "O" (Office) for over 30 years. 8. The purpose of the "O" (Office) Zone is to "provide areas of adequate size and appropriate locational characteristics for the development and operation of professional and administrative offices and certain complementary uses...[and to] serve as a buffer or transition between residential districts and commercial districts." 9. The purpose of the R-1 Zone is "to provide a low density residential environment...with smaller lots and useful yard spaces." 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.M.C. 25.88.060 and determine whether or not: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the land use designation of the Comprehensive Plan., however, it is not consistent with Comprehensive Plan Policy LU-4-A Policy ("Locate commercial facilities at major street intersections to... avoid disruptions of residential neighborhoods"). This property faces an arterial street and is near a freeway interchange. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. Because the residence has been in place since around 1949 it is unlikely that returning the property to a residential zoning designation would be materially detrimental, as the nonconforming residential use would simply continue, but as a conforming use. However good planning practice does not encourage locating a solitary residence in the middle of more intensive (office) zoning. 3. There is merit and value in the proposal for the community as a whole. There is no real merit to or value in the proposal for the community as a whole in locating a solitary residence in the middle of a more intensive (office) zone. Nor is it wise to legitimize nonconformity for its own sake. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The City should not pursue the rezone, and as such, no conditions would apply. 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 City should not pursue the Rezone, and as such, a Concomitant Agreement would not be necessary. 4 RECOMMENDATION MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the May 19, 2011 staff report. MOTION for Denial: I move based on the Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council deny the rezone of the site from "O" (Office) to R-1 (Low-Density Residential). Option "B" OPTION "B" 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.M.C. 25.88.060 and determine whether or not: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. Although this property faces an arterial street and is near a freeway interchange, and the proposal is not consistent with Comprehensive PIan Policy LU-4 A Policy ("Locate commercial facilities at major street intersections to... avoid disruptions of residential neighborhoods"), it is consistent with the I-.end use designation of the Comprehensive Plan, 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. Although good planning practice does not encourage locating a solitary residence in the middle of more intensive (office) zoning, the residence has been in place since around 1949 and it is unlikely that returning the property to a residential zoning designation would be materially detrimental to the surrounding properties. The nonconforming residential use would simply continue, but as a conforming use. 3. There is merit and value in the proposal for the community as a whole. While it is unwise to legitimize nonconformity for its own sake, rezoning a single property to R-1 Residential in the middle of an Office zone would likely be "value- neutral" and "merit-neutral" to the community as a whole. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 5 No conditions should be imposed, as no significant adverse impacts are expected from the proposed rezone. 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. No Concomitant Agreement is necessary for this proposed rezone. MOTION for Findings of Fact: I move to adopt Findings of Fact and Option "B" Conclusions therefrom as contained in the May 19, 2011 staff report. MOTION for Approval: I move based on the Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council rezone the site from "O" (Office) to R-1 (Low-Density Residential). 6 Vicin'ty A licant: Phili Richardson Item: Rezone to R- I P P Map File 2011 iii I' jr 0"1" X 11 SO A PRO, IN we At 1 mmpvnmwm� Item- Rezone - "0" to R- 1 Land Use Appiicant: Philip Richardson N Map •F le #-, Z 2011 -004 Frost W W i ► = SFDU s i�__ Elementary a' �- ___ _ __ 0 c RICHARDSON ST N vac, SITE >LuuJ ____ ___ _ Richardson Park COMO Fm Offic Day- Apts, � , Care PEARL ST ui SFDUs ___- L SFDU's _ -__ Apts. r. - 0 � + r.__�..____ � PAL ST Zoning Item: Rezone - "0" to R- 1 Map Applicant: Philip Richardson N File Z 2011 -004 R=1 R=1 L r 0 RICHARDSON ST C4 SITE W �__._ 1101f R=3 PEARL - R=1 ii Ivowl R=1 6PAL §T Ot lot Y 4 „ . f •. ,4 1' - r At *,1 .6 4 �,pr�,� ,F e .' '3 i. t.�•,T� ` - '�; �� DIY, Ti t. y W7 r ;� � •: • flit �i#. Mine mmiam 0 . -w""m 'i 40 s A a • 'I. IN, "fro w �b r Jl w t ' w o �i INN _ _ ;,Y-•y� �,"`� 4- '� - - ; ! ` 1 .4 +►'� -..tom� . r*f M � L.�• mil' �r fr J49!':.p o� 1 70 ow eA Ir VII { � �..��� v��Nlr'� �i _ ��.: iP S 7a` yp��!�• Yf ,a' 1 �'•. r�' -.,�' �i ^{ ��-b��. �� A' tee* ntt"�+��' �^.,� 1 j. G - : " '• !! 'Wulf ` F � a. i raw •1�1 • � ,�` �� - � " ••l _ `t"• �,N lop PW t1l 1', ' i .,iii.f,I� I t �':• "�,, ,w�5 - r! -'.0 G C i �'y'�6 4,1 �n is 70 Oz I '`�� �`• "a r -�' S J►�?�' ,� �y,4e * A6'�"� .,a ., S• � � � ♦ �• . c� " r f • `� - ?• _ F , �� Vet tm, + , �aKA►�,. < n 7' .�(� r �,l..l _. � �- �` �I ,ter �. ' •.r �� � i���� -;.. ,� - W A W �- tdMMMF- I� from • • Pas e`Yy RI I min i n - 0 t Looking West from Front Yard •� Tr Le v L! j R ` �I�yC y�i�•l�r`�Y „�+ • .,1 X11��. No R- Tom OF Aff lei or _f �if�• y A tf��ttj` 1� -•�a r• "`° � •.°fit` .'`. - _- y, . ' AM• '�' w Ww mdo- "Wow 4 4 - Reference 4 - Planning Commission Minutes dated 4/28/11 REGULAR MEETING April 2S, 2011 PLANNING COMMISSION MEETING NEW BUSINESS: B. Rezone Rezone from "O" (Officel to R-1 (Low Density Residential) Zone 1911 N. 20th Avenue (Philip Richardson) (MF# Z2011-004j Chairman Cruz read the master file number and asked for comments from staff. Jeffrey B. Adams, Associate Planner, explained the applicant requested the rezone to eliminate the illegal non-conforming status. Mr. Adams reviewed the surrounding zoning and land use for the benefit of the Planning Commission. David Richardson, 11115 176th Ave E. Bonnie Lake, WA, stated the house was built in 1949 and his family lived there for decades. Richardson Park was built on land provided by his family. His family is seeking to rezone the house because they are having difficulty selling the house due to the zoning. He is not in favor of turning this house into an office. Commissioner Khan questioned the outlet from the residence and the possible use of the alley in the back. Mr. Richardson stated the alley in the back is a maintenance service road. He also added the house is in perfect condition and they have been unsuccessful in attempts to sell the house as an office. Commissioner Khan called for staff to address this issue as a condition in the rezone to use the alley as their sole driveway. Chairman Cruz asked staff if there were other houses with only alley access. Mr, McDonald stated yes, there are many houses in the city with access to garages solely from an alley. Commissioner Greenaway questioned Mr. Richardson if he has made attempts to sell the house and asked banks if they would loan on this house. Mr. Richardson stated yes, the house was appraised at $145,000.00 and they have not had any offers. The last realtor stated the problem was that banks will not loan on this as a house in an office zone. Chairman Cruz closed the public hearing. -1 - Commissioner Greenaway moved, seconded by Commissioner Lukins, to close the hearing on the proposed Rezone and initiate deliberations and schedule adoption of Findings of Fact, Conclusions and a recommendation to the City Council for the May 19, 2011 meeting. The motion passed unanimously. Chairman Cruz reopened the public hearing for clarification on conditions for approval. Mr. Richardson stated the daycare to the south and the house share the driveways so cars do not back out on 20t1l. The house has a separate driveway next to the daycare access. Chairman Cruz closed the public hearing. Following additional discussion amongst the Commission Chairman Cruz asked whether or not the Commission was in favor of the rezone. Commissioner Greenaway moved, seconded by Commissioner Lukins, to close the hearing on the proposed Rezone and initiate deliberations and schedule adoption of Findings of Fact, Conclusions and a recommendation to the City Council for the May 19, 2011 meeting. The motion passed unanimously. -2 - Reference 4 - Planning Commission ' Minutes dated S/19111 PLANNING COMMISSION MINUTES May 19, 2011 A. Rezone Rezone from "O" (Office) to R-1 (Low Density Residential Zone 11911 N. 20t" Avenue (Philip Richardson) (MF# Z2011-004) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community Ss Economic Director, stated this item is a Rezone from Office to R-1 and the Planning Commission conducted a public hearing on April 28th Staff had prepared a recommendation for denial of the proposal and the Commission had the sentiment to allow for approval. The staff report has been changed to add an Option B which would allow to vote in favor of the Rezone with the appropriate findings of fact and conclusions. Commissioner Gemig moved, seconded by Commissioner Greenaway, to adopt Findings of Face and Option "B" Conclusions therefrom as contained in the May 19, 2011 staff report. The motion passed with one dissenting vote from Commissioner Anderson. Commissioner Gemig moved, seconded by Commissioner Greenaway, based on the Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council Rezone the site from "O" (Office) to R-1 (Low- Density Residential). The motion passed with one dissenting vote from Commissioner Anderson. AGENDA REPORT 'T'O: City Council May 31, 2011 PROM: Gary Crutehf t Manager Regular Mtg.: 6/6/11 S1JB.IF;CT: Public Facilities District Board Appointment I. REFERENCE(S): 1, Applications (1) (Council packets only) 11. ACTION REQUESTED OF COUNCIUSTAFF RECOMMENDATIONS: 6/6 MOTION: I move to reappoint John Merk to Position No. 1 on the Public Facilities District Board of Directors with an expiration date of 7/14/2015. Ill. HISTORY AND FACTS BRIEF: A) The Public Facilities District Board is composed of five members; terms are for four years. The Board meets quarterly. B) The Public facilities District Board oversees operation of the Pasco Public Facilities District which may acquire, construct, operate and maintain any qualified "regional centers" (aquatics center, performing arts center, etc.). C) "There is one position whose term has expired; I. Position No, I (currently John Merk) IV. DISCUSSION: A) A Council screening committee (composed of Mayor Watkins and Couneilmembers Garrison and Hoffmann) has reviewed the applications and recommends unanimously that the incumbent be reappointed. 1Q(a) AGENDA REPORT TO: City Council,; 1 May 31, 2011 f FROM: Clary Crutch I v Manager Regular Mtg.: 6/6/11 SUBJECT: Legislative CojisuItant Agreement I. REFERENCE(S); 1. Proposed Agreement H. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS; 6/6: MOTION: I move to approve the agreement with Gordon Thomas Honeywell Governmental Affairs for legislative consultant services and, further, authorize the City Manager to sign the agreement. 111. FISCAL IMPACT: Total: $41,000 maximum IV. HISTORY AND FACTS BRIEF: A) The city has employed the services of a legislative consultant for each of the past six years. In doing so, the city has realized the following accomplishments that would likely not have happened if not for the particular services of the consultant work: • $5.2 million legislative appropriation for construction of the Ainsworth Overpass Project; $400,000 legislative appropriation for construction of the Court Street Pedestrian Overpass of SR395: • $3 million legislative appropriation for Lewis Street Overpass project. • Amendment of the ambulance utility statute. B) GTH has offered to continue services for Pasco, at their standard rate of$3,150 per month, with a contract term of one year; the resi.ilting cost is $37,800 (plus $3,000 in reimbursables). While the consultant will perform the general legislative duties listed, the greatest value will be the consultant's effort to obtain additional state funding assistance for the Lewis Street overpass, a priority project of the city which is simply too costly for the city to construct on its own. V. DISCUSSION: A) The value of an effective legislative consultant is clear when measured by the success the city has realized over the past five years. Continuing such a relationship is imperative if the city desires to continue to seek assistance via the state legislature (whether by appropriation or statutory language). R) OTH accomplished no srnall feat in the 2009 session by helping obtain the legislative appropriation of $3,000,000 for the Lewis Street Overpass. In addition, OOH was instrumental in guiding the regional PFD legislation through the 2010 legislature and the ambulance utility statute amendment in 2011. While our legislators were also instrumental in these endeavors, they were aided greatly by the effort of GTH coordinating with many other legislators to assure the local objective was not lost in the details of the process. C) GTH has the advantage of a Washington D.C. office; thus, the opportunity to pursue a coordinated effort (state and federal) to obtain the funding assistance necessary for construction of the Lewis Street Overpass project. The proposed scope of work will address the city's 2012 legislative agenda. D) In view of the potential 2012 legislative benefits, staff recommends approval of the proposed contract. ia(b) CITY OF PASCO CONSULTING AGREEMENT This Agreement is entered into by and between City of Pasco and Gordon Thomas Honeywell Governmental Affairs (hereinafter referred to as "Consultant"), upon the following terms and conditions: A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein, and Consultant will do and produce such other things as are set forth in the Scope of Work (the "Services"). Consultant's Services will be in compliance with applicable laws, regulations, rules, orders; licenses and permits, now or hereinafter in effect, and Consultant shall furnish such documents as may be required to effect or evidence such compliance. B. Compensation; Expenses, The City of Pasco will pay Consultant for satisfactorily rendered Services in accordance with the specific terms set forth in Attachment "A." C. Invoices; Payment. Consultant will furnish the City of Pasco invoices at regular intervals, as set forth in Attachment "A." D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in Attachment "A" and shall terminate same on the date set forth in Attachment "A," unless earlier terminated by mutual agreement. The City of Pasco or consultant may terminate consultant services for convenience at any time prior to the termination date set forth in Attachment "A," provided that either party provides 30-days notice. E. Ownership of Work Product. The product of all work performed under this agreement, including; reports, and other related materials shall be the property of the City of Pasco or its nominees, and the City of Pasco or its nominees shall have the sole right to use, sell, license, publish or otherwise disseminate or transfer rights in such work product. G. Independent Contractor. Consultant is an independent contractor and nothing contained herein shall be deemed to make Consultant an employee of the City of' Pasco, or to empower consultant to bind or obligate the City of Pasco in any way. Consultant is solely responsible for paying all of Consultant's own tax obligations, as well as those due for any employee/subcontractor permitted to work for Consultant hereunder. H. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify and hold harmless the City of Pasco from and against all claims, liabilities, damages and costs arising directly or indirectly out of, or related to, Consultant's fault, negligence, strict liability or produce liability of Consultant, and/or that of any permitted employee or subcontract or Consultant, pertaining to the Services hereunder. I. Assignment. Consultant's rights and obligations hereunder shall not be assigned or transferred without the City of Pasco's prior written consent; subject thereto, this Agreement shall be binding upon and inure to the benefit of the parties' heirs, and successors. J. Governing Law; Severability. 'Phis Agreement shall be governed by the laws of the State of Washington, U.S.A. (excluding conflict of laws provisions). If' any term or provision of this Agreement is determined to be legally invalid or unenforceable by a court Nvith lawful jurisdiction hereover (excluding arbitrators), such term or provision shall not affect the validity or enforceability of any remaining terms or provisions of this Agreement, and the court shall, so far as possible, construe the invalid portion to implement the original intent thereof. K. Arbitration. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good ['aith attempt to resolve the dispute. In the event such dispute cannot be resolved by agreement of the parties, such dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (M.AR); venue shall be placed in Pasco, Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs, L. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state the entire agreement between the parties regarding the subject matter hereof and supersede any prior agreements or understandings pertaining thereto. Any modification to this Agreement must be made in writing and signed by authorized representatives of both parties. Any provision hereof'which may be reasonably deemed to survive the expiration or termination of this Agreement shall so survive, and remain in continuing effect. No delay or failure in exercising any right hereunder shall be deemed to constitute a waiver of'any right granted hereunder or at law by either party, Consultant. City of Pasco: Gordon 'Thomas Honeywell Governmental Affairs Tim Schellberg, President Gary Crutchfield, City Manager Date: Date: 2011-2012 Legislative Services Agreeinent Page 2 ATTACHMENT "A" TO CITY OF PASCO CONSULTING AGREEMENT A. Scope of Work: Consultant shall provide the City of .Pasco with the following governmental affairs services: General_Washington State Legislative Services • Identify and track all relevant legislation. + During the legislative session, provide the City with weekly reports and tracking lists. • Attend all relevant legislative hearings. • Attend all relevant legislative meetings. • Coordinate City officials to testify at relevant legislative hearings. • Lobby to amend, defeat or pass Iegislation or budgets that directly affect the City's interests. • Strengthen relevant legislative relationships between the City, state legislators, and executive offices. Work with the City to develop a state budget request and lobby the Legislature to fund the request. Specific Legislative Issues: • Obtain specific allocations for the Lewis Street Overpass within the Capital and/or Transportation budgets and assist in related grant/loan applications. • Work with the Association of Washington Cities on municipal legislation, including development standards within urban growth areas. • Begin lobbying on selected 2013 Budget requests during the legislative interim. B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of $3,150 for the services listed above, Consultant shall only bill communication expenses, such as travel to Pasco. The expenses shall not exceed $3,000 for the term of the contract. C. Invoices/Payments: (a) Consultant shall furnish the City of Pasco with invoices for services performed on a monthly basis, and (b) the City of Pasco shall pay each of Consultant's invoices within thirty (30) days after City's receipt and verification of invoices. D. Term of Agreement: Consultant's services shall commence on July I, 2011 and shall terminate on June 30, 2012. 20' 1-2012 Legislative Services Agreement Page 3 AGENDA REPORT NO. 7 FOR: City Council June 1, 2011 TO: Gary Crutchfie 4-itmanager FROM; Ahmad Qayoumi, Public Works Director Regular Mtg.: 06/06/11 SUBJECT: Award LID#148-Kurtzman Park Street Improvements, Project#C2.10-81STR I. REFERENCE(S): I. Vicinity Map 2, Bid Summary 11. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 06106: MOTION: I move to award the low bid for the LID #148-Kurtzman Park Street Improvements, Project #C2-10-81 STR, to A&B Asphalt, Inc., to include Alternate 1, in the amount of$608,781.98, plus applicable sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: LID Construction Fund Utility Fund IV. HISTORY AND FACTS BRIEF: A) On June 1, 2011, staff received three (3) bids for the LID #148-Kurtzman Park Street Improvements, Project #C2-10-81STR. The low bid was received from A&B Asphalt, Inc. in the amount of$608,781.98, plus applicable sales tax. The second lowest bid was received from Big D's Construction in the amount of $667,830.00. The Engineer's Estimate for the project is $625,631.00. B) Resolution No. 3289 was adopted November 15, 2010 for LID #148 — Kurtzman Park Street Improvements. On January 18, 2011, the public hearing on the formation of LID#148 was held with favorable support. V. DISCUSSION: A) This project involves the installation of curb, gutter and sidewalk, street widening and street lights from Cedar Avenue to Sycamore Avenue and from Butte Street to Alton Street. Staff recommends award of the contract to A&B Asphalt, Inc. 1Q(c) 1 �T�-4TH 00 IIHIII 1 ti I V TH A JIF r 7C C - O � �10 r) Z z ? vb r) > A � � � VE V) D � m Li co D rn PO rn D D r rn z m rn -! D � v' City of Pasco LID #148-Kurtzman Park Street Improvements Project No. C2-10-81 STR June 1, 2011 BID SL MARY Total 1. A&B Asphalt, Inc. $608,781.98 2. Big D's Construction $667,830.00 3. Ray Poland & Sons $752,845.50 Engineer's Estimate $625,631.00