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HomeMy WebLinkAbout2011.06.20 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. June 20,2011 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 will be enacted by roll call vote as one motion (in the form listed below). There will he no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated June 6, 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 $1,163,541.39 ($94,382.36 in the form of Electronic Fund Transfer Nos. 6192, 6193,6216, 6217, 6219, and 6248; and$1,069,159.03 in the form of Wire Transfer No. 1086, 1090 and 1091; and Claim Warrants numbered 182636 through 182676). 2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Courl (non-criminal, criminal, and parking) accounts receivable in the total amount of$234,605.29 and, of that amount, authorize $167,673.95 be turned over for collection. (c) Interagency Agreement for Summer School Services: 1. Agenda Report from Denis Austin,Chief of Police dated May 12,2011. 2. Proposed Interagency Agreement. To approve the Interagency Agreement with the Pasco School District for summer school services and, further, authorize the Mayor to sign the agreement. (d) Reclassification: 1. Agenda Report from Gary Crutchfield, City Manager dated June 9, 2011. To authorize upgrading of one Associate Engineer II position to Senior Engineer and include the additional approp«ation in the 2011 supplemental budget. (RC) MOTION: I move to approve the Consen Agenda as read, 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS -OTHF,R 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 May 2011. (c) Regular Meeting 2 June 20,2011 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) Sir-Year Transportation Improvement Plan 2012-2017. 1. Agenda Report.from Ahmad Qayoumi, Public Works Director dated June 2, 2011. 2. Proposed Plan. 3. Resolution. 4. Map. CONDUCT A PUBLIC HEARING Resolution No. , a Resolution adopting the revised and extended Comprehensive Street, Storm Drain and Bridgo;F'rog7anls for the City O'Kisco. MOTTON: I move to approw Rcsolution , itlrerelay adopting the Cit-' SiN:-'Year Transportation Improwmeni Plan lbr'2012-201'x. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance relating to zoning and amending PMC Title 25 by including contractor plants and storage yards in Chapter 25.46. 1. Agenda Report from David I. McDonald, City Planner dated June R,2011, 2. Proposed Ordinance. 3. Staff memo to the Planning Commission dated 5119/11. 4. Planning Commission Minutcs dated 5/1911 1. MOTION- T n it)ve its fidop; 0rdinEtnce Noy , amending PMC Claapker 25.46 by including c,oWr ctnr plants and yards as permitted and conditional wcs within C-3 (Genera.] Business) 1)istricu; acrd. firrtirer, authorLze pu blicati on by sununaiy only, 9. UNFINISHED BUSINESS: (None) 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 #...." Q (Quasi-Judicial Matter REMINDERS: 1. 6:00 p.m., Monday, June 20, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT IA'ATKE\'S and COUNCILMEMBER REBECCA FR.ANCIK) 2. 7:30 a.m,, Thursday, June 23; 7130 W. Grandridge Blvd— Tri-Cities Visitor & Convention Bureau Board Meeting, (COUNCILMEMBER MIKE GARRISON, Rep.;TOM LARSEN, Alt.) 3. 5:30 p,m., Thursday, June 23, 710 W. Court Street — Benton-Franklin Community Action Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) 4. 9;00 a.m. — 2:00 p.m., Saturday, June 25, 305 N. 4'h Street — Franklin County Historical Society's Centennial Celebration. (ALL COUNCILMEMBERS INVITED TO ATTEND) (10:30 ay. Program Address COLINCILMEMBER AL YF NTNEY) MINUTES REGULAR MEET1?NTG PASCO CITY COUNCIL JUNE 6, 2011 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor, ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick 'White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Jim Raymond, Police Captain 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 16, 2011, (b) Bills and Communications: 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). To approve Payroll Claims in the amount of$2,003,072.94, Voucher Nos. 42530 through 42631; and EFT Deposit Nos. 30044553 through 30045102. 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 May 2011 "Yard of the Month"to: Irma Escamila, 816 W, Octave Street Celeste Garcia, 1803 W, Octave Street Jessica and James Negron, 6228 Comiskey Drive Lynn Hguyen, 4508 John Deere Lane Mayor Watkins presented a Certificate of Appreciation for May 2011 "Business of the Month Appearance Award" to: Mexico Lindo, 1819 W, Court Street VISITORS - OTHER THAN AGENDA ITEMS: Mr, Mac Miller, Boise Idaho, addressed Council regarding a rock in Volunteer Park, REPORTS FROM COMMITTEES AND/OR OFFICERS: Ms, Francik attended a Muslin Community potluck and Muslim Panel discussion at CBC, She also reported on the Regional PFD meeting she attended along with Mayor Watkins, Mr. Garrison attended the Tri-Cities Visitor and Convention Bureau Board meeting and the TRIDEC Board of Directors meeting. 1 3(a).1 MNUTE S REGULAR MEETING PASCO CITY COUNCIL JUNE 6, 2011 Mr. Yenney reported on the Comprehensive Economic Development Strategy Committee meeting, helped with the Kiwanis Pasco Senior Party and attended the Benton Franklin Council of Governments meeting. He also encouraged public participation in the upcoming City Council election. Mr. Larsen reported on the Emergency Medical Services Board meeting. Mayor Watkins commented on the Comprehensive Economic Development Strategy Committee. Mr, Hoffmann attended the Franklin County Mosquito Control District meeting and a training session on lifecycle and treatment for mosquitoes. Mr. Martinez reported on the Parks and Recreation Advisory Council meeting and congratulated the graduates from all three Pasco High Schools. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation (NIF #VAC201 1-003) Saint Fran Court (Gary Earp). MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED VACATION. Mr. Gary Earp, applicant, noted the surrounding property is owned by the same group. MOTION: Ms. Francik moved 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. Mr. Martinez seconded. Motion carried unanimously. ORDINA_'NCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Comprehensive Plan Land Use Map Modification (MF#CPA 10-004): Mr. White explained the background of this process. MAYOR WATKINS DECLARED THE CLOSED RECORD HEARING OPEN TO CONSIDER THE RECORD. Council discussed the record. MAYOR WATKINS CLOSED THE CLOSED RECORD HEARING. MOTION: Ms. Francik moved to adopt the Findings of Fact as contained in the staff report to the Planning Commission. Mr. Garrison seconded. Motion carried 5 —2. No — Larsen, Hoffmarm• MOTION: Based on the findings of Fact as adopted, Ms. Francik moved to adopt Ordinance No. 4009, 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. Mr. Garrison seconded. Motion carried 5 - 2. No —Larsen, Hoffmann, Ordinance No. 4010, an Ordinance of the City of Pasco, Washington, amending the zoning classification of the property located at 1411 North 20th Avenue, from "O" (Office) to R-1 (Low Density Residential). 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 6, 2011 Council and staff discussed the proposed rezone. MOTION: Ms. Francik moved to adopt Ordinance No. 4010, 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, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: Public Facilities District Board Appointment: MOTION: Mr. Garrison moved to reappoint John Merk to Position No. 1 on the Public Facilities District Board of Directors with an expiration date of 7/14115. Ms. Francik seconded. Motion carried unanimously. Legislative Consultant Agreement: MOTION: Ms. Francik moved to approve the agreement with Gordon Thomas Honeywell Governmental Affairs for legislative consultant services and, further, authorize the City Manager to sign the agreement. Mr. Yenney seconded. Motion carried 6— 1. No —Larsen. Award LID #148--Kurtzman Park Street Improvements, Project No. C2-10- 81 STR: Council and staff discussed the details of the improvements. MOTION: Ms. Francik moved to award the low bid for the LID #148 Kurtzman Park Street Improvements, Project No. C2-10-8ISTR 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. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. EXECUTIVE SESSION: Council adjourned to Executive Session at 7:55 p.m. for approximately 20 minutes to discuss Collective Bargaining Strategies and Proposals with the City Manager. Mayor Watkins called the meeting back to order at 8:11 p.m. ADJOURNMENT: There being no further business, the meeting was adiourned at 8:11 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 20th day of June, 2011. 3 CITY OF PASCO Council Meeting of: June 20, 2011 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the under ' ed,do hereby certify under penalty of perjury that the materials have been furnished,the rvices ndered r the labor performed as described herein and that the claim is a just, due and unpaid ligation a inst the city and that we are authorized to authenticate and certify to said daim. ; Gary CrtitchTre , City Dunyele Mason inance Services Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify on this 20th day of June,2011 that the merchandise or services hereinafter specified have been received: Check Numbers and 182636-182676 In The Amount Of: $1,069,159.03 Electronic Funds Transfers: 1086, 1090- 1091 In The Amount Of: $94,382.36 Electronic Funds Transfers: 6192,6193,6216,6217 (Journal Enlries) 6219,6246 Combined total of $1,163,541.39 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND: Legislative 153.85 Judicial 16.397.77 Executive 3,32579 Police 40,712.74 Fire 43.533.91 Administration&Community Services 94215.33 Community Development 105.53 Engineering 982.44 Non-Departmental 30,819.22 Library 2,142.27 TOTAL GENERAL FUND: 232,388.85 STREET 29,458.95 ARTERIAL STREET 0.00 STREET OVERLAY 0.00 C. D. BLOCK GRANT 8,421.61 KING COMMUNITY CENTER 2.546.90 AMBULANCE SERVICE 8,387.29 CEMETERY 3,017.87 ATHLETIC PROGRAMS 6,404.69 GOLF COURSE 59,953.99 SENIOR CENTER OPERATING 3.760.69 MULTI MODAL FACILITY 2,62615 RIVERSHORE TRAIL&MARINA MAIN 311.66 SPECIAL ASSESSMNT LODGING 0.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 124.00 TRAC DEVELOPMENT&OPERATING 0.00 PARKS 0.00 STADIUWCONVFNTION CENTER 3,74315 GENERAL CAP PROJ CONSTRUCTION 80,296.30 WATERISEWER 499,556.64 EQUIPMENT RENTAL-OPERATING GOVERNMENTAL 38,552.31 EQUIPMENT RENTAL-OPERATING BUSINESS 6,495.93 EQUIPMENT RENTAL-REPLACEMENT GOVERNMENTAL 17,645.55 EQUIPMENT RENTAL-REPLACEMENT BUSINESS 330.31 MEDICAL/DENTAL INSURANCE 88,654 34 CENTRAL STORES 0.00 OLD FIRE PENSION 0.00 PAYROLL CLEARING 68.244.81 LID CONSTRUCTION 0.00 PUBLIC FACILITIES DIST 0.00 TRI CITY ANIMAL CONTROL 2,619.40 SENIOR CENTER ASSOCIATION 0.00 GRAND TOTAL ALL FUNDS: $ 1,163,541.39 3(b)vl AGENDA REPORT FOR: City Council DATE: June 15,2011 TO: Gary Crutchfield, City Mwiager REGULAR: June 20,2011 Rick Terway,Administrative 8l.Community Se ctor FROM: Duayele Mason,Financial Services Manage o SUBJECT: .BAD DEBT WRITE-OFF'S/(: L,LrI,..]JON. I. REFERENCE.t5): Write-off and collection lists are on file in the Nnance Department. IT, ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: l 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 $234,605,29 and, of that amount, authorize$167,673.95 be turned over for collection. III. HISTORY AND FACTS BRIEF: 1. ll_T LI, BILLING - 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. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returened 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 in these cases. 3. COURT ACCOUNTS RECEIVABLE -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$10.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$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 $ 66,531.34 12,635.95 79,167.29 Court A/R $ .00 152,063.00 152,063.00 Code Enforcement $ 400.00 2,915.00 3,315.00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 60.00 60.00 TOTAL: $ 66,931.34 167,673.95 234,605.29 IV. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT FOR: City Council j May 12, 2011 TO: Gary Crutchfi Mana{ r Workshop Mtg.: 6/13/11 Regular Mtg.: 6120/1] FROM: Denis Austin,7,.htiefof Polic SUBJECT: interagency Agreement for Summer School Services I. REFERENCE: A. Proposed Interagency Agreement II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 6/13: Discussion 6/20: MOTION: I move to approve the Interagency Agreement with the Pasco School District for summer school, services and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Pasco School District Funds - $ 15,280 N. HISTORY AND FACTS BRIEF: A) School Resource Officers (SRO) are full-time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. The School District has requested an extension of the SRO services for the 2011 Summer School at Pasco High School. Formally, SRO services are not provided during summer months. The School District has summer school programs at Pasco High School, Chiawana High School, New Horizons High School, Ochoa Middle School, and Stevens Middle School. As a proactive measure, the School District has requested SRO services for six and one-half hours each day of summer school. There are 21 summer school days from June 16`" to July 15`h. SRO's are assigned to work normal patrol duties when school is not in session. B) The proposed Interagency Agreement is effective June through July 2011, and provides two School Resource Officers for the 2011 Summer School. The School District will reimburse the City for the salary and benefit costs for two officers during 21 days of summer school. The School District presented the proposed Agreement to the School Board on May 23, 2011. The School Board approved the Agreement and payment for the services. The City Council's approval of the Agreement is all that is required for the Police Department to proceed on schedule. 3(c) INTERAGENCY AGREEMENT Between Pasco School District No. 1 And City of Pasco,Washington This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the Pasco School District No. 1, hereafter referred to as the "District" and the City of Pasco, a municipal corporation of the State of Washington, hereafter referred to as the "City." No special budget or funds are anticipated, nor shall be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on either parties' website or other electronically retrievable public source. It is the purpose of this agreement to; 1. Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the City of Pasco, Washington. 2. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere, 3. Provide for prevention, intervention, and prompt effective enforcement by the City's Police Department in situations involving, but not limited to: a. Maintenance of order b. Use, possession, or sale of illegal drugs and alcohol on school premises C. Crimes against persons d. Crimes against property e. Any other situations or activities which require the intervention of law enforcement officers; and 4. Provide for participation by police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. 5. Provide positive and supportive interface between law enforcement representatives and the District's substance abuse and harassment prevention efforts including, but not limited to Natural Helpers, Student Assistance Teams, Anti-Harassment and Bullying Project and other intervention and prevention efforts by the District. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 1 of 6 It is therefore mutually agreed that: 1. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a, Assign two full-time uniformed police officers for six and one-half consecutive hours each day from 08:00 AM to 2:30 PM to provide School Resource Officer services at specific schools June 16 — July 15, 2011 (except July 4, 2011) in accordance with the following schedule. i. New Horizons High School: June 20—July 15, 2011 Monday—Friday ii. Ochoa Middle Schools: June 20—July 15, 2011 Monday— Friday iii Stevens Middle School: June 20 —July 15, 2011 Monday— Friday iv. Chiawana High School: June 16—July 15, 2011 Monday—Friday v. Pasco High School: June 16—July 15, 2011 Monday—Friday One SRO will be assigned to Chiawana High School beginning June 16th, A second SRO will be assigned to Pasco High School beginning June 16�'. Both officers are responsible for responding to incidents at the other schools as needed during the overlap period. Each SRO shall make certain that the Administration at their assigned school is notified when they are required to respond to another school. Generally, the quickest way to get an SRO to respond to an alternate school will be to call the Franklin County Emergency Dispatch Center and request an SRO be sent to the incident at a specific school. Except in incidents where a particular SRO may have prior knowledge or involvement in a specific case or other extenuating factors, the on-duty police supervisor will designate which SRO responds. Office space shall be provided as available at each school for the use of the School Resource Officer. Such office shall be equipped with one office desk and chair, and one locking cabinet. The City shall provide a lockable cabinet capable of securing police department equipment when not in use by the officer. b. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation lAith the school community and its students; C. Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program; d. Meet as needed during the academic year with the District's representative (as designated by the District)to evaluate the effectiveness of the program; C. Cooperate with the District's representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District's representative all results of such investigations for the Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 2 of 6 purpose of responding to each complaint and cooperate to resolve each complaint. Provided, that it shall be the responsibility of the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. 2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall commence on June 16, 2011 and be completed on July 15, 2011 with July 0 scheduled off, unless terminated sooner as provided herein. The principal shall be responsible for notifying the Chief of the City's Police Department of the school calendar, schedule of events and activities, and any changes in the same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section l.a, of the Agreement. 4. Payment. The District shall reimburse the City for its expenses in employing two officers for 273 hours as follows: a. For Jane 16, 2011 through July 15, 2011, an estimated total of fifteen thousand two hundred and eighty dollars ($15,280). Actual amount will be determined by the parties based upon any negotiated wage increase between the City and the police officer's collective bargaining unit. The current wage rate urith benefits is $55,97 per hour. 5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the District. Payment shall be made to the City according to the regular procedures of the District. 6. Funding. If for any reason the District exhausts its budgeted funds for payment to the City for its services described herein or funds from any expected funding source become unavailable, the District shall notify the City and the obligations of the City shall immediately cease and this agreement terminate, unless the district otherwise assumes the obligations for the payment of services rendered by the Police Department, 7. Non-discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap. In the event of non-compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non- complying party shall, however, be given a reasonable time in which to cure this non- Interagency Agreement between Pasco School District No. t and the City of Pasco. Page 3 of 6 compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 8. Records Maintenance. The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect cost expended in the performance of the services described herein. These records shall be subject to inspection, review or audit by the personnel of both parties, other personnel authorized by either party, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and District shall retain all books, records, documents, and other materials relevant to this agreement for five (S) years after expiration. The office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access and the right to examine any of these materials during this five-year period. 9. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities, schedule, assign and direct the officer's duties under this agreement. `!'he principal is ,responsible for the investigation of non-criminal incidents that occur at or are related to the school. If the principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be committed, the principal or other designated administrator shall request the law enforcement officer to assume responsibility. The building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer., where appropriate. 10. Indemnification. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing under this agreement. 11. Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. 12. Termination. Except as otherwise provided in this agreement, either party may terminate this agreement by providing sixty (60) days advance written notification to the other party of their intent to terminate the agreement. If this agreement is so terminated, the terminating party shall be liable only for performance, in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. 13. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to carry out the purposes of this agreement. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 4 of 6 14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner; The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in a timely manner. The detenmination of the Dispute Board shall be final and binding on the District and the City. 15. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at: Pasco School District No.1 Attn.: Executive Director, Operations 1215 West Lewis Street Pasco,WA 99301 And to the City at: Pasco Police Department Attn: Chief of Police 525 North 3rd Avenue Pasco, WA 99301 16. All Writings Contained Herein. This agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. Interagency Agreement between Pasco Schooi District No. 1 and the City of Pasco. Page 5 of 6 In Witness whereof,the parties have executed this agreement effective this day of 2011. City of Pasco: Pasco School District No. 1 Matt Watkins Sherry Lancon Mayor, Pro-Teen President, Board of'Education Attest: Debbie Clark Saundra Hill City Clerk Superintendent Approved as to Form Leland Kerr John Morgan City Attorney Executive Director, Operations Sarah Thornton School District Counsel Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 6 of 6 2011 Summer School Cost Estimate 051211 June 1 - July I S, 201 1 (except Judy 41 201 1) ALL SUMMER SCHOOLS Number of Officers (June 16 - July 15) 2 Hourly Rate with Benefits per Officer $ 55,97 Number of Hours Each School Day 6.5 School Days @ PHS, CHS, OMS, SMS, NHS 21 Number of Officer Hours (June 16 - July 15) 273 Estimated Cost (June 16 - July 15) $ 15,279.81 file TALC $T FOR SUNWR -SRID $ 15,279.81 AGENDA REPORT TO: City Council June 9, 2011 FROM: Gary Crutchfic "it _ lager Workshop Mtg.: 06,113/11 Regular Mtg.: 06,120/11 SUBJECT: Reclassification I. REFERENCE(S): (none) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 06113: Discussion 06/20: MOTION: I move to authorize upgrading of one Associate Engineer I1 position to Senior Engineer and include the additional appropriation in the 2011 supplemental budget. III. FISCAL IMPACT: Approximately 56;000 annually. IV. HISTORY AND FACTS BRIEF: A) Recent vacancies within the Engineering Division of the Public Works Department present an opportunity to realign resources to reflect contemporary needs. In particular, our new Public Work-, Director desires to improve the internal professional capacity for transportation/traffic management. Thus, he requests that a vacant Associate Engineer 11 position be upgraded to that of Senior Engineer (a Senior Engineer position requires a P.E. license and relevant experience, whereas the Associate Engineer position does not). B) The upgrade would increase city costs by approximately $6,000 annually. A currently vacant CADD position can be held vacant for a couple of months to absorb the cost increase for the balance of this year; the full annual cost impact will be realized in the 2012 budget. V. DISCUSSION: A) Given the growing importance of traffic management, staff urges the council to authorize the proposed upgrade to Senior Engineer. 3(d) GENERAL FUND OPERATING STATEMENT THROUGH MAY 2011 YTD 2011 % OF YTD TOTAL % OF 2011 ORIGINAL ANNUAL 2010 2010 TOTAL ACTUAL BUDGET BUDGET ACTUAL BUDGET ACTUAL REVENUE SOURCES: TAXES: PROPERTY 2,823,197 6,000,000 47.1% 2,806,326 5,850,000 48.0% SALES 3,471,613 8,225,000 42.2% 3,327,968 7,700,000 43.2% UTILITY 3,446,293 7,560,000 45.6% 3,322,622 7,615,000 43.6% OTHER 467,947 1,015,000 46.1% 452,500 1,015,000 44.6% LICENSES & PERMITS 967,163 1,052,650 91.9% 1,008,746 1,020,200 98.9% INTERGOV'T REVENUE 520,647 1,632,200 31.9% 415,340 1,710,017 24.3% CHARGES FOR SERVICES 1,144,676 3,007,750 381% 1,017,636 2,807,220 36.3% FINES & FORFEITS 389,658 971,600 40.1% 300,972 927,700 32.4% MISC. REVENUE 189,298 634,200 29.8% 246,916 734,700 33.6% OTHER FINANCING SOURCES 42,991 100,000 43.0% 12,500 472,790 2.6% TOTAL REVENUES 13,463,483 30,198,400 44,6% 12,911,526 29,852,627 43.3% BEGINNING FUND BALANCE 9,414,299 6,000,118 9,860,107 6,000,000 TOTAL SOURCES 22,877,782 36,198,518 63.2% 22,771,633 35,852,627 63.5% EXPENDITURES: CITY COUNCIL 41,347 118,040 35,0% 49,728 116,525 42.7% MUNICIPAL COURT 474,337 1,275,150 37.2% 498,668 1,267,353 39.3% CITY MANAGER 334,098 915,410 36,5% 337,632 889,415 38.0% POLICE 4,192,999 11,284,368 37.2% 4,197,404 10,827,443 38.8% FIRE 1,641,444 4,193,418 39,1% 1,621,018 4,369,024 37.1% ADMIN & COMMUNITY SVCS 2,150,561 5,595,700 38.4% 1,967,143 5,409,423 36.4% COMMUNITY DEVELOPMENT 399,403 1,101,400 36.3% 423,503 1,035,931 40.9% ENGINEERING 511.798 1,193,280 42,9% 418,598 1,136,332 36,8% MISC. NON-DEPARTMENT 1,501,429 3,545,360 42.3% 1,695,457 4,330,406 39.2% LIBRARY 524,293 1,148,880 45.6% 504,212 1,300,875 38.8% TOTAL EXPENDITURES 11,771,709 30,371,006 38.8% 11,713,363 30,682,727 38.2% ENDING FUND BALANCE 11,106,073 5,827,512 11,058,270 6,000,000 TOTAL EXPEND&END FUND BAL 22,877,782 36,198,518 22,771,633 36,682,727 AVAILABLE CASH BALANCE 9,990,629 8,810,436 PERCENTAGE OF BUDGET ALLOCATED FOR 5 MONTHS 42% These statements are intended for Management use only, V(b) AGENDA REPORT NO. 5 FOR: City Council I Date: 06/02/2011 fi TO: Gary Crutch , Manager FROM: Ahmad Qayoumi, Public Works Directo Workshop: 06/13/11 Regular: 06/20/11 SUBJECT: Six-Year Transportation Improvement Plan 2012 - 2017 L REFERENCE(S): 1. Proposed Plan 2. Resolution 3. Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 06/13: Discussion 06/20: Conduct Public Hearing 06/20: _MOTION: I move to approve Resolution No. thereby adopting the City's Six-Year Transportation Improvement Plan for 2012 - 2017. III. FISCAL IMPACT: None IV. HISTORY AND BRIEF FACTS: A) Each year, all Cities and Counties in the State are required to adopt an updated Six-Year Transportation Improvement Plan specifically for federal and state funded projects. For the City of Pasco, this plan has consisted of all projects including the annual overlays, street widening, and signal projects which are within the City limits. Larger projects such as the Lewis Street Overpass also have been shown. B) The proposed six-year program represents those projects that are anticipated to be needed within six years. Several projects will need to be coordinated with utility projects which could change the actual tuning of the projects. Although this process of adopting a six-year plan is a state requirement, the Council will again review the projects in the Six-Year C.I.P. process and the budgeting process. While the worksheets presented by staff include a potential funding source, many of the projects listed will be dependent upon available funding. In addition, staff will be pursuing available grants from the various funding programs. Staff recommends the plan be presented at a public hearing on June 20, 2011, and that Council adopt the plan by resolution. 7(a) City of Pasco — DRAFT Six Year Transportation Improvement Plan Year 2012-2017 Proiect Name Location Project Cost Potential Funding Sources Year 2012 a) 2012 Overlays Various City Streets $900,000 Overlay Fund b) Miscellaneous Street Projects Various Locations $50,000 Arterial Street Fund c) Miscellaneous Traffic Signal Upgrades Various Locations $100,000 Arterial Street Fund d) City Wide Signal Improvements Various Locations $150,000 Local 1. 4th Avenue Corridor 1-182 to Sylvester Street $1 ,15 Million Federal $350,000 / Local $800,000 2. 1-182 Corridor Improvements Study Rd 100 to Rd 36 $150,000 Local 3. Harris Road Realignment Broadmoor Blvd and Sandifur $250,000 Local / Developer Contribution 4. Argent Road Widening 20th Ave to 1-182 Ramp $1.5 Million LID and Impact Fee 5. Rd 68 Improvements, Phase 1 1-182 to Argent Rd $400,000 Arterial Street I TIB / Federal 6. TSP (Traffic System Planning) City Wide $250,000 Local Year2013 a) 2013 Overlays Various City Streets $1 Million Overlay Fund b) Miscellaneous Street Projects Various Locations $50,000 Arterial Street Fund c) City Wide Signal Improvements Various Locations $150,000 Local 7. Powerline Road - Design Rd 68 to Rd 100 $100,000 Local 8. Road 100 Widening Chapel Hill to Court Street $600,000 TIB $498,000 /Arterial Street Fund $102,000 9. Sandifur Parkway (Rd 52 to 60) Road 52 to Road 60 $200,000 Arterial Street Fund / Impact Fees 10. Road 68 Improvements Phase 2 Sandifur and Argent $1.5 Million State/Federal/impact Fees Year 2014 a) 2014 Overlays Various City Streets $1 Million Overlay Fund b) Miscellaneous Street Projects Various Locations $50,000 Arterial Street Fund c) Miscellaneous Traffic Signal Upgrades Various Locations $100,000 Arterial Street Fund d) City Wide Signal Improvements Various Locations $150,000 Local 11. Powerline Road — Construction Rd 68- Rd 100 $900,000 Local / Impact Fees 12. 1-182 Off Ramp Argent and Rd 52 $2 Million Federal 1 State / Local 13. Chapel Hill Extension Rd 84 to Rd 68 $800,000 Local 14. Sacagawea Heritage Trail Rd 52 to Rd 72 $850,000 Federal 1 State / Local 15. Road 68 and Court Street RA I TS Rd 68 to Court Street $220,000 Local / Impact Fees 06/10/2011 Page I of 2 Year2015 a) 2015 Overlays Various City Streets $1 Million Overlay Fund b) Miscellaneous Street Projects Various Locations $50,000 Arterial Street Fund c) City Wide Signal Improvements Various Locations $150,000 Local 16. Road 100 & Argent Road Traffic Signal Road 100 & Argent Road $160,000 Local and Impact Fees 17. Road 84 & Chapel Hill Traffic Signal Road 84 & Chapel Hill $190,000 Federal STP $164,000 /Arterial Street Fund $26,000 18. Court Street Widening Road 44 Westerly $600,000 TIB $400,0001 Federal STP $200,000 19. Rd 76 - Argent to Chapel Hill Rd 76 to Chapel Hill $400,000 Local 20. Road 44 & Burden Traffic Signal Road 44 & Burden Blvd. $160,000 Arterial Street Fund Year2016 a) 2016 Overlays Various City Streets $1 Million Overlay Fund b) Miscellaneous Street Projects Various Locations $50,000 Arterial Street Fund c) Miscellaneous Traffic Signal Upgrades Various Locations $100,000 Arterial Street Fund d) City Wide Signal Improvements Various Locations $150,000 Local 21. 1-182 Off and On Ramps @ Road 52 1-182 and Road 52 $3 Million Federal $2.6 Million / Local $400,000 22. Burden Blvd 1-182 On-Ramp Road 76 and Burden Blvd $5 Million Federal $4 Million 1 State $1 Million 23. Lewis Street Overpass At BNSF $25 Million Federal / State / Local 24. Lewis & Clark One Way Couplets 2 d Ave to 10th Ave $2 Million Local Year 2017 a) 2017 Overlays Various City Streets $1 Million Overlay Fund b) Miscellaneous Street Projects Various Locations $50,000 Arterial Street Fund c) City Wide Signal Improvements Various Locations $150,000 Local 25. Lewis St. & Heritage Ave Traffic Signal Lewis St. & Heritage Intersection $190,000 Federal STP $164,000/Arterial Street Fund $26,000 26. Heritage Ave. & "A" SL Traffic Signal Heritage & "A" Street intersection $1 90,000 Federal STP $1 64,000 /Arterial Street Fund $26,000 27. Crescent Road Rd 108/ FCID Pipeline (Canal) $150,000 Local with Latecomers or LID 06/10/2011 Page 2 of 2 RESOLUTION NO. A RESOLUTION adopting the revised and extended Comprehensive Street, Storm Drain and Bridge Programs for the City of Pasco. WHEREAS, RCW 35.77.010 provides for annual revision and extension of the Comprehensive Street Program of each city and town, after public hearing thereon; and WHEREAS, it is now time to revise and extend the Comprehensive Street, Storm Drain and Bridge Programs; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, That the City Council of the City of Pasco hereby adopts the revision and extension of the Comprehensive Street, Storm Drain and Bridge Programs for the ensuing six years as attached hereto and labeled "Six-Year Transportation Improvement Plan 2012 - 2017" incorporated by this reference as though fully set forth herein; and Be It Further Resolved, that the Comprehensive Street, Storm Drain and Bridge Programs shall be filed with the Benton-Franklin Regional Council and the State of Washington. PASSED by the City Council of the City of Pasco this 20th Day of June, 2011. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L, Clark Leland B. Kerr City Clerk City Attorney � .rl//i/.i:i/:✓/�!�JbTVtkn`tvo 4'uY.�' .'i� 1 _EMU "■� Il inn Mill I��,�%'�11 x�1f+� ��y;,�,�: .r� ■�■�� Mss � .�� 7�_� � � r����� ������■ � yam'\ ` ■ �� � � ■rim �����1 mow■ ������� CITY U F P_ A S C %;yam, j� �:C�::: i fir'-" i�►r*' ILI �!I11;f�1 I' �I�ILII ,n7�li�``��r:"� � ti �' �'�:::�C ,'; , ■i M �i'■n .,a �► Will i. 0 0 • i Will "11.11 !�pjlllqjgmlj AGENDA REPORT FOR: City Council = June 8, 2011 TO: Gary Crutchfie y Manager Workshop Mtg.: 6113/11 Rick White, ii Regular Mtg.: 6/20/11 Community & Eeon mic Development Director FROM: David I. McDonald, City Planner SUBJECT: Code Amendment: MF # CA.2011-001 PMC 25.46 Contractor Plant and Storage Yards in the C-3 District I. REFERENCES 1. Proposed Ordinance 2. Staff memo to the Planning Commission dated 5/19/11 3. Planning Commission Minutes dated 5/19111 II. ACTION REQUESTED OF COUNCIL / STAFF RECONEN1ENDATIONS: 6/13: Discussion 6/20: Motion: I move to adopt Ordinance No. , an Ordinance amending PMC Chapter 25.46 by including contractor plants and yards as permitted and conditional uses within C-3 (General Business ) Districts and, further, authorize publication by sur mary only. 111. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On May 19, 2011 the Planning Commission held a hearing to consider an amendment to the C-3 district regulations (General Business) that included the addition of contractor plants and storage yards as permitted and conditional uses depending on the distance of a given location from a residential district. B. Following the hearing the Planning Commission recommended approval of the proposed C-3 code amendments as contained in Reference #1. V. DISCUSSION: A. Since the 1970's the city has been licensing and permitting contractor facilities in C-3 zones. This has been a source ol'some confusion because while contractor yards and facilities are similar to many permitted uses in the C-3 district, such as heavy machinery sales/service they are not specifically listed as a permitted use. Contractor facilities are identified as permitted uses in the I-1 district. B. Historically, with a few exceptions, most of the contractor facilities located in C-3 zones have been in areas near industrial zones (Columbia East) or near other C-3 areas (Oregon Avenue Corridor). As the community has grown we are now finding residential districts located near or adjacent to C-3 districts. Contractor facilities may be compatible with or similar to other uses permitted in the C-3 district but they are seldom compatible with residential uses. The compatibility issue between residential 8(a) uses and contractor yards recently came to light when an inquiry was made from a contractor looking to locate an equipment yard adjacent to a residential subdivision. C. The proposed code amendment addresses the concerns of a contractor yard in C-3 areas adjacent to residential properties by allowing contractor yards as permitted uses provided they are located more than 300 feet from a residential district. Any site in a C-3 zone located closer than 300 feet to a residential district will require review through the Special Permit process, The Special Permit process would provide for a determination of the appropriateness of the site and what conditions would be needed to protect the nearby residential properties. D. if the Council concurs with the Planning Commission's recommendation staff will prepare a final Ordinance for adoption at the next regular meeting. Reference 1 - Proposed Ordinance ORDINANCE NO. AN ORDINANCE RELATING TO ZONING AND AMENDING PMC TITLE 25 BY INCLUDING CONTRACTOR PLANTS AND STORAGE YARDS 1N CHAPTER 25.46. WHEREAS, cities have the responsibility to regulate and control physical development within their borders and to ensure public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the City; and, WHEREAS, the zoning regulations are designed to increase the security of home life and preserve and create a more favorable environment for citizens and visitors of the Pasco Urban Area; and, WHEREAS, the C-3 District (PMC 25.46)permits the location of wholesale businesses, heavy machinery sales and service, lumber yards and landscaping storage businesses; and, WHEREAS, contractor facilities are similar in nature and operation to a number of permitted lases within the C-3 District; and, WHEREAS, although not listed as a permitted use in the C-3 District, contractor facilities and storage yards have been licensed by the City in C-3 Districts since the 1970's; and; WHEREAS, the Special Permit process enables the City to apply mitigation measures which may be. necessary to preserve and create a more favorable environment for citizens in residential neighborhoods adjacent to C-3 Districts; and, WHEREAS, the Planning Commission held a public hearing on May 19, 2011 and following an opportunity for public comment made a recommendation that the City Council amend PMC 25.46 by including contractor plants and yards as a permitted and conditional use depending on the distance of a site from a residential district; and, WHEREAS, the City Council has determined that to further the purposes of maintaining a duality community, 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 Section 25.46.020 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.46.020 PERMITTED USES. The following uses shall be permitted in the C-3 district: 1 (1) All uses permitted in the C-1 business district; (2) Service stations; (3) Laundry; (4) Express office; (5) Wholesale business; (6) Heavy machinery sales and service; (7) Warehouse; (8) Landscape gardening and storage area for equipment and materials; (9) Automobile sales and service; (10) Mobile home and trailer sales and service; (11) Lumber sales business; (12) Veterinarian clinics for household pets (including indoor boarding facilities); and (13) Parking lots within 500 feet of a C-2 district boundary provided, such lots are paved and the development complies with the landscape and fencing requirements of the C-1 district, as enumerated in subsection 25.42.020(13); and (14) Contactor's plant or storage yard provided such plant or Yard is more than 300 from a residential district. Section 2. That Chapter 25.46.040 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.46.040 PERMITTED CONDITIONAL USES. The following uses may be permitted in the C-3 district upon approval of a Special Permit as provided for in Chapter 25.86: (1) Veterinarian clinics for livestock, including outdoor treatment facilities, provided all boarding or overnight holding of animals occurs indoors; (2) Auto body shops; and (3) Parking lots; and (4) Contractor's plant or storage yard within 300 feet of a residential district. Section 3. 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 , 20011. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney 2 Reference 2 - Staff memo to the Planning Commission MEMORANDUM DATE: May 19, 2011 TO: Planning Commission FROM: Dave McDonald, City Planner SUBJECT: Code Amendment PMC 25.46 Contractor Plant and Storage Yards in the C-3 District BACKGROUND Since the 1970's the City has been licensing and permitting contractor facilities in C-3 zones. This has created confusion in administering the zoning code in recent years because contractor facilities are not a listed permitted use in the C- 3 zone. Contractor facilities are listed as permitted uses in the I-1 District under the listing of contractor plants or storage yards. The purpose of the C-3 District is to provide areas for non-retail commercial businesses. Contractor facilities are generally non-retail in nature. The C-3 permitted uses section (FMC 25.46.020) lists a number of uses that are similar in nature to a contractor storage yard such as heavy machinery sales and service, wholesale businesses, lumber sales, landscape gardening and storage areas for equipment and materials, and express offices (trucking firms). Many of these uses require large outdoor storage yards for machinery, equipment, trucks, lumber and other building supplies. Businesses within the parameters of those listed above receive and ship construction supplies, sell, service, repair and store large construction equipment. Historically, with few exceptions, most of the contractor facilities located in C-3 Districts have been in areas near industrial zones (Columbia East) or near other C-3 areas (Oregon Avenue Corridor). As the community has grown we are now finding residential districts located near or adjacent to C-3 districts. Contractor facilities may be compatible with or similar to other uses permitted in the C-3 district but they are seldom compatible with residential uses. Staff recently received an inquiry about locating an excavation contractor yard in a C-3 Zone adjacent to a residential neighborhood. In the past, such an inquiry would not have been a concern because most developed C-3 districts did not border upon residential neighborhoods. That is no longer the case. After considering the matter it became apparent the code needs to be amended to address contractor facilities in the C-3 District. The proposed code amendment 1 attached to this memo would permit contractor facilities in the C-3 Districts as a permitted use provided the site selected for a contractor facility is at least 300 feet from a residential area. Any C-3 site 300 feet or closer to a residential zone would be required to obtain a Special Permit. Through the Special Permit process the City could apply mitigation measures for sites adjacent to or near residential areas. An alternative would be to require the Special Permit process for contractor yards in all C-3 zones regardless of distance from a residential zone. The proposed code amendment is not a site-specific matter and therefore staff is recommending the matter be acted upon at the May 19Yh Planning Commission meeting. FINDINGS 1) PMC 25.04.020 explains one of the purposes of the zoning regulations is to assist in increasing the security of home life and preserve and create a more favorable environment for citizens and visitors of the Pasco Urban Area. 2) The C-3 District (PMC 25.46) permits the location of wholesale businesses, heavy machinery sales and service, lumber yards and landscaping storage businesses. 3) Contractor facilities are not listed as a permitted use in the C-3 District, 4) Contractor facilities are similar in nature and operation to a number of permitted uses within the C-3 District. 5) The City has permitted contractor facilities and storage yards in C-3 Districts since the 1970's. 6) The Special Permit process enables the city to apply mitigation measures that may be necessary to preserve and create a more favorable environment for citizens in residential neighborhoods adjacent to C-3 Districts. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the May 19, 2011 staff memo on Code Amendments for PMC Chapter 25.46. MOTION: I move the Planning Commission recommend the City Council adopt the proposed Code Amendments modifying PMC Chapter 25.46 to include provisions for contractor's plants and storage yards in the C-3 District. 2 J _-S r. y General Busines . ,_ � !farm i � �1L 4 r _ q ix1 .ter:.. ` ■:. _ Pat ' ri1• ,Pop - Reference 3 - Minutes dated 5/19/11 PLANNING COMMISSION MINUTES May 19, 2011 A. Code Amendment PMC 25.46 C-3 General Business District provisions to include Contractor Facilities IMF# CA 2011-001) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, stated this proposal is for a Code Amendment to add provisions in the C-3 District to list contractor facilities as permitted uses within the district. For many years contractor facilities have been permitted in the C-3 District. This practice has lead to some confusion because contractor's facilities are not a listed permitted use in the C-3 District. There are other uses permitted in the C-3 District that are similar in nature but there is no specific language for contractor facilities. The community has grown and some residential developments are now adjacent to or very near C-3 zones. As a result the question of compatibility between contractor facilities near residential area has arisen. The Tierra Vida subdivision is an example, Tierra Vida is surrounded by C-3 properties and 25 years ago that subdivisions did not exist. Most of the contractor's facilities are located in the center of the C-3 areas or in the King City truck stop area. This issue recently came to the forefront when a contractor approached staff about locating a contractor yard backing on to a residential area. In double checking the code staff found that contractor's facilities were a listed permitted use in the I-1 District but not listed in the C-3 District. Staff recommended the C-3 regulations be amended to include contractor facilities as a listed permitted use in the C-3 District and reviewed a proposed code amendment. The recommendation suggested contractor facilities be permitted in C-3 zones provide the location is more than 300 feet from a residential district. Any C-3 location within 300 of a residential district would require a Special Permit. Mr. McDonald pointed out the Staff memo provides an alternate "2" that would require a Special Permit for contractor facilities anywhere in the C-3 District. Commissioner Lukins asked staff on how many current businesses the 300 foot rule would affect. Mr. McDonald stated no one would be affected and any current businesses would be grandfathered in. New contractors wanting to locate within the 300 foot boundary would need to apply for a Special Permit. During the permitting process there would then be an opportunity to place conditions on the contractor such as landscaping buffering and solid block walls. Chairman Cruz asked why 300 feet was chosen. Mr. McDonald stated 300 feet is the typical distance for notification of public land use hearings. Commissioner Greenaway asked if there is a contractor facility being grandfathered in would the sale of the property carry the grandfathered clause to the new owner. Mr. McDonald stated yes. A business can be sold and continue to operate under the perimeters of the size at the time it was grandfathered. A Special Permit would need to be obtained for any expansion. Chairman Cruz opened the public hearing. With no response, the public hearing was closed. Mr, McDonald asked for direction on the distance of 300 feet for the boundary. Commissioner Lukins is in favor of the 300 foot boundary. Commissioner Anderson moved, seconded by Commissioner Hay, to adopt the Findings of Fact as contained in the May 19, 2011 staff memo on Code Amendments for PMC Chapter 25.46. The motion passed unanimously. Commissioner Anderson further moved, seconded by Commissioner Hay, the Planning Commission recommend the City Council adopt the proposed Code Amendments modifying PMC Chapter 25.46 to include provisions for contractor's plants and storage yards in the C-3 District.