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HomeMy WebLinkAbout2011.07.18 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. July 18,2011 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 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 July 5,2011. (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 $899,351.97 ($75,628.20 in the form of Electronic Fund Transfer Nos. 6461, 6482, 6483, 6484, 6503, 6535 and 6595; and $823,723.77 in the form of Wire Transfer No. 1099 and 1101; and Claim Warrants numbered 183107 through 183346). 2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and 2\4unicipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of$237,835.22 and, of that amount, authorize S164,962.03 be turned over for collection. (c) Downtown Development Authority Board: 1. Agenda Report from Gary Crutchfield, City Manager dated July 13,2011. To confirm the Mayor's appointment of Ofelia Ochoa, Donald Porter, Jean Ryckman and Alan Schreiber to the Downtown Pasco Development Authority Board. *(d) Regional Hotel/Motel Commission Appointments: 1. Agenda Report from Gary Crutchfield, City Manager dated July 14,2011. 2. Letter from Tri-Cities Hotel Lodging Association President dated 7113111. 3. Section 5, Interlocal Agreement for Tri-City Regional Tourism Promotion Area. To appoint Monica Hammerbcrg (Red Lion) to a two-year term on the Tri-Cities Regional Hotel/Motel Commission,term to expire 7/31/2013- *(e) Final Plat(MF#FP2011-007)Chapel Hill Phase 5(Envision Homes): 1. Agenda Report from David I.McDonald, City Planner dated July 13, 2011. 2. Overview Map. 3. Vicinity Map. 4. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at ht4 1)://www.pasco-wa.rovfcitvcou-acilrepQrt sl. To approve the final plat for Chapel Hill Phase 5. *(f) Final Plat(MF#FP2011-001) Casa Del Sol Division 2,Phase 4 (Fastrack Inc.): 1. Agenda Report from David 1.McDonald, City Planner dated July 13, 2011. 2. Overview Map. 3. Vicinity Map. 4. Final Plat(Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.pasco-wa.gov/citycouncilrcports). To approve the final plat for Casa Del Sol Division 2,Phase 4. *(g) Resolution No. 3328, a Resolution accepting work performed by Rotschy, inc., under contract for the 2010 Sewer Extension,Project No. 10-1-01. 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated July 11,2011. 2. Resolution. To approve Resolution No. 3328, accepting the work performed by Rotschy, Inc., under contract for the 2010 Sewer Extension,Project No. 10-1-01. Regular Meeting 2 July 18,2011 *(h) Resolution No. 3329, a Resolution accepting work performed by RePipe-California, Inc., under contract for the 2009 Sewer Lining Project No.09-1-01. 1. Agenda Report from Ali mad Qayoumi,Public Works Diruclor dated July 11, 2011. 2. Resolution_ To approve Resolution No. 3329, accepting the work performed by RePipe-California,Inc., under contract for the 2009 Sewer Lining Project No. 09-1-01. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through June 2011. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Q*(a) Street Vacation (MF#VAC2011-003) Saint Fran Court(Gary Earp). 1. Agenda Report from David I.McDonald, City Planner dated July 13,2011, 2, Vicinity Map. 3. Proposed Ordinance. 4. Map Showing Parcels. CONDUCT A PUBLIC HEARING Ordinance No. ,an Ordinance vacating Saint Fran Court. MOTION. I nl()vc €« cxOE1l riuc tlr,J beariag until August 1. ?011 to allow the appiI can l. time; to col I" 11daie tax pareels to eliminate the possibility of creating apercel without legal access. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Resolution No. , a Resolution of the City of Pasco, Washington, declaring a moratorium prohibiting medical cannabis collective gardens in all zoning districts within the City and setting public hearing thereon. 1. Agenda Report from Rick White, Community& Economic Development Director dated July 6, 2011. 2. Proposed Resolution. 3. City Attorney Memo dated June 23, 2011. I!'''10110 : 1 niove to approve:Resolution Flo. , declaring :1 moratorium that prohibits medical carmabis collective gardening in all von-Ing dis na" Wi111i11 llfo. cily nun soling a public l~seat-izi�. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Interlocal Annexation Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated July 6, 2011. 2. Map, Pasco UGA with City Boundary. 3. Map, Current Annexation Opportunities. 4. RCW 35A.14.480. MOTION: 1 3nove to authorize initiation of the lulurlocal Anmxation Agreement process provided by RCW:35A,14.490 Regular Meeting 3 July 18, 2011 *(b) Commercial Avenue Water Line Extension,Project No.C4-10-05WTR: 1. Agenda Report from Abmad Qayoumi,Public Works Director dated July 14, 2011. 2. Vicinity Map. 3. Bid Summary. (RC) MOTION: I move to award the low laid for the Co mmer ial Avenue Water Line Extension, Project No. C4-10-051%7TR, to ShiLrp & Preszler Constmcdon Company, Inc:... in the amount of 276,580.50. plus applicable sales tax and- fuillher, authorize the M ay€�r to si�i the eontraet d umealts, 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. 3:30 p.m., Thursday, July 21, Franklin County Emergency Management Office — Franklin County Emergency Management. Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBF.R TOM LARSEN, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 5, 2011 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present.: Mike Garrison, Robert Hoffinann, Tom Larsen; Saul Martinez, Matt Watkins and Al Yenney. Absent: Rebecca Franeik. 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; Denis Austin, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance led by Boy Scout Troop 9159, in celebration of their 60th Anniversary. Troop #159 is the oldest Troop in the Tri-Cities. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated June 20, 2011. (b) Bills and Communications: To approve General Claims in the amount of$1,551,927.99 ($87,704.61 in the form of Electronic Fund Transfer Nos, 6338, 6380, and 6428; and $1,464,223.38 in the form of Wire Transfer No. 1087, 1088, 1092, 1093 and 1094; and Claim Warrants numbered 182677 through 183090). To approve Payroll Claims in the amount of S2,027,986.38, Voucher Nos. 42632 through 42786; and EFT Deposit Nos. 30045 103 through 30045652. (c) Resolution No. 3324, a Resolution accepting work performed by A&B Asphalt, Inc., under contract for the LID #145—"A" Street Improvements Project No. 08-3-05. To approve Resolution No. 3324, accepting the work performed by A&B Asphalt, Inc., under contract for the LID #145 —"A" Street Improvements Project No. 08-3-05. (d) Resolution No.3325, a Resolution accepting work performed by Michels Corporation, under contract for the 2010 Sewer Replacement Project No. 10-1-04. To approve Resolution No. 3325, accepting the work performed by Michels Corporation under contract for the 2010 Sewer Replacement Project No. 10-1-04. (e) Resolution No. 3326, a Resolution accepting work performed by J&B Construction and Landscaping Company, under contract for the 20th Avenue Gateway Project No. 10-3-05. To approve Resolution No. 3326, accepting the work performed by J&B Construction and Landscaping Company under contract for the 20th Avenue Gateway Project No. 10- 3-05. MOTION: Mr. Garrison moved to approve the Consent Agenda as read. Mr. Yenney seconded. Motion carried by unanimous Roll Call vote. I 3(a). 1 MINUTES REGULAR MEETING PASCO CITY COITNCIL JULY 5, 2011 PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Watkins presented Certificates of Appreciation for June 2011 "Yard of the Month" to: 1. Jesus Gomez, 1915 N. 14th Avenue 2. Maria del Carmen Diaz, 1920 W. Shoshone Street Bob and Ursula Sand, 4 Zinnia Court 4. Wayne and Kathy Jensen, 8419 W. Clara Street Mayor Watkins presented a Certificate of Appreciation for June 20111 "Business of the Month Appearance Award"to: 1. Sun Mart#34, 2305 W. Argent Road REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Yennev attended AWC training, spoke at the Franklin County Historical Museum Centennial Celebration and participated in the Grand Old 4th of July parade. Mr. Larsen participated in the Grand Old 4t1' of July parade and attended the fireworks display. Mr. Martinez participated in the Grand Old 4th of July parade and thanked the Police Officers and the Recreation Department for their service. He also noted he received many positive comments about the fireworks display. Mayor Watkins reported he met people from Canada,Nicaragua and Iraq at the Grand Old 4th Fireworks Celebration. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Truck Parking/Storage on City Streets. Mr. Martinez recused himself from this issue and left the Council Chambers. Council and staff discussed the details of the proposed ordinance. Ordinance No. 4012, an Ordinance of the City of Pasco, Washington, amending Section 10.52.030 "Parking for Certain Purposes Prohibited" to Prohibit Overtime Parking of Commercial Tractors and Trailers on City Streets. MOTION: Mr. Garrison moved to adopt Ordinance No. 4012, amending Section 10.52.030 of the Pasco Municipal Code to prohibit storage and overtime parking of commercial tractors and trailers on City Streets and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Ordinance No. 401.3, an Ordinance of the City of Pasco,Washington, amending Section 12.36.020 "Definitions" Providing and Clarifying the Definition of "Development Activities" to include Business Licenses, Occupancy Registration, Special and Conditional Use Permits. MOTION: Mr. Garrison moved to adopt Ordinance No. 4013, amending Section 12.36.020 of the Pasco Municipal Code clarifying the definition of"Development Activities" to include business licenses, occupancy registration, special and conditional use permits and, further, authorize publication by summary only. Mr. Hoffmann seconded. Motion carried unanimously. Mr. Martinez returned to the Council Chambers. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 5, 2011 Ordinance No. 4014, an Ordinance prohibiting parking on various streets, and amending Section 10.56.080 of the Pasco Municipal Code. MOTION: Mr. Garrison moved to adopt Ordinance No. 4014, adding parking restrictions on certain streets and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Resolution No. 3327, a Resolution Supporting Policy Recommendations as contained in the January 2011 Rivers to Ridges Open Space Network Vision Plan, MOTION: Mr. Garrison moved to approve Resolution No. 3327, supporting policy recommendations of the Rivers to Ridges Open Space Network Vision Plan of January 2011. Mr. Martinez seconded. Motion carried 5-1. No-- Larsen. NEW BUSINESS: Linda Loviisa Park Project: Council and staff discussed the project cost. MOTION: Mr. Garrison moved to award the low bid for the Linda Loviisa Park Project No. C6-1 1-02-PRK to Big D's Construction in the amount of$241,010.82 including applicable sales tax and, further, to 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 7:27 p.m. for approximately 30 minutes to discuss acquisition of real estate and to discuss collective bargaining strategies and proposals with the City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 7:57 p,m. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:57 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 18th day of JULY, 2011. 3 CITY OF PASCO Council Meeting of: July 18,2011 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the undersigned,do hereby certify under penalty of pejury that the materials have been furnished,the wrvices rendered or the labor performed as described herein and that the claim is a just,due and unpaid obli ion gainst the city and that we are authorized to authenticate and certify to said claim. Gary Cruich ager DtKyele Mas 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 18th day of July,2011 that the merchandise or services hereinafter specified have been received. Check Numbers and 163107-183346 In The Amount Of: $823,723.77 Electronic Funds Transfers: 1099, 1101 In The Amount Of: _ $_75,628.20 Electronic Funds Transfers: 6461,6482,6483, (Journal Entries) 6484,6503,6535, Combined total of $899,351.97 6595 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND: Legislative 422.55 Judicial 16,918.81 Executive 3,867.25 Police 46,147.33 Fire 35,915.34 Administration&Community Services 101,925.51 Community Development 711.40 Engineering 206.19 Non-Departmental 161,516.19 Library 150.54 TOTAL GENERAL FUND: 367,781.11 STREET 34,004.03 ARTERIAL STREET 0.00 STREET OVERLAY 0.00 C.D. BLOCK GRANT 16,008.77 KING COMMUNITY CENTER 820.94 AMBULANCE SERVICE 5,252.51 CEMETERY 135.36 ATHLETIC PROGRAMS 1,308.77 GOLF COURSE 59,091.54 SENIOR CENTER OPERATING 1,741.53 MULTI MODAL FACILITY 922.89 RIVERSHORE TRAIL&MARINA MAIN 72.00 SPECIAL ASSESSMNT LODGING 21,743.08 LITTER CONTROL 0.00 REVOLVING ABATEMENT 111.21 TRAC DEVELOPMENT&OPERATING 0.00 PARKS 0.00 STADIUMICONVENTION CENTER 2,500.00 GENERAL CAP PROJ CONSTRUCTION 18,150.19 WATER/SEWER 120,985.45 EQUIPMENT RENTAL-OPERATING GOVERNMENTAL 38,434.53 EQUIPMENT RENTAL-OPERATING BUSINESS 10,392.11 EQUIPMENT RENTAL-REPLACEMENT GOVERNMENTAL 404.70 EQUIPMENT RENTAL-REPLACEMENT BUSINESS 17,569.49 MEDICAUDENTAL INSURANCE 68,290.16 CENTRAL STORES 0.00 OLD FIRE PENSION 0.00 PAYROLL CLEARING 79,565.82 LID CONSTRUCTION 0.00 PUBLIC FACILITIES DIST 33,638.81 TRI CITY ANIMAL CONTROL 337.37 SENIOR CENTER ASSOCIATION 89.60 GRAND TOTAL ALL FUNDS: $ 899,351.97 3(b).1 AGENDA REPORT FOR: City Council DATE: July 13, 2011 TO: Gary Crutch a Ci anager REGULAR: July 18, 2011 Rick Terway, is tive& U, y Services Director FROM: Dunyele Mason, inancial Service ManagerC_r`Y, SUBJECT: BAD DEBT WRITE-OFF'S'COLLECTION. 1. uyk 1LUN�S : Write-off and collection lists are on file in the Finance Department. II. ACTION REOI.?T.ED COI VCIL/�T k_� C I v1 LENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $237,835.22 and, of that amount, authorize $164,962.03 be turned over for collection. Ill. HISTORY AND FACTS BRIEF: 1. UTILITY 1311JANG - 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 returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACQQU' 1TS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. C'011 J NFORCEM NTH —— These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted fOr collection exceed$l 0.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $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 $ 61.45 4,158.36 4,219.81 Ambulance $ 72,328.74 10,690.67 83,019.41 Court AIR $ .00 149,349.00 149,349.00 Code Fnforcement $ 483.00 624.00 1,107.00 Cemetery S .00 A0 .00 General $ .00 .00 .00 Miscellaneous S 00 140,00 140.00 TOTAL: S 72,873.19 164,962.03 237,835.22 IV. ADM[NISIRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b)s2 AGENDA REPORT TO, City Council {; , July 13, 2011 FROM: Gary Crutchfi,el My +tanager Workshop Mtg.: 7/18/11 SUBJECT: Downtown Development Authority Board I. REFERENCE(S): IL ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 7/18: MOTION: i move to confirm the Mayor's appointment of Ofelia Ochoa, Donald Porter, Jean Ryckman and Alan Schreiber to the Downtown Pasco Development Authority Board. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) City Council formed the Downtown Development Authority in December 2010 under Ordinance No. 3985, to initiate the creation of a new downtown revitalization organization. The Pasco Downtown Development Association (private association) representatives agreed to keep its basic operations in place (particularly for the farmers market and specialty kitchen) pending the startup of the new organization. B) Council earlier appointed five board members to get the organization started and solicited for more applicants. Of the 14 applications, the Council Screening Committee recommended eight applicants be interviewed (two declined due to changes in their schedules and another withdrew after invitation); five individuals were interviewed at the July 11 workshop meeting. V. DISCUSSION: A) Mayor Watkins has determined to appoint the individuals as listed in the motion (above), subject to confirmation by the City Council. 3(c) AGENDA REPORT TO: City Council July 14, 2011 FROM: Gary Crutchfid-'fiNM/an ager Regular Mtg.: 7118/11 SUBJECT: Regional Hotelj�4otel Commission Appointments t I. REFERENCE(S): I. Letter from Tri-Cities Hotel Lodging Association President dated 7/13/11 2. Section 5, Interlocal Agreement for Tri-City Regional Tourism Promotion Area II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 711$: MOTION: I move to appoint Monica Hammerberg (Red Lion) to a two-year term on the Tri-Cities Regional }Iotel/Motel Commission, term to expire 7/31/2013. III. FISCAL IMPACT: IV. 141STORY AND FACTS BRIEF: A) Pasco, along Nvith the cities of Kennewick and Richland, entered into m interlocal agreement in June 2004 to create a regional "Tourism Promotion Area' (TPA). The TPA is an organization formed as authorized by state law to levy special assessments for the use of lodging facilities within the respective area. In the case of the Tri-Cities, all hotels/motels within the boundaries of the three cities are required to collect from users of their facilities the fee of $1.50 for each room night used. That fee is remitted by each of the hotels/motels to the state; the state, in turn, distributes the funding back to the respective cities within which it was collected (much like the long-standing 2% hotel/motel tax) and the cities distribute it to the TPA for expenditure in accordance with the business plan and budget established by the Regional Hotel/Motel Commission, B) The Regional Hotel/Motel Commission is established under Section 5 of' the Interlocal Agreement. The Commission consists of six voting members: two appointed by each of the three cities fi-om nominees offered by the Tri-City Hotel Lodging Association. Any vacancy is to be filled by the respective city from a list of nominees offered by the Association, C) The Tri-Cities Hotel Lodging Association, as evidenced by the July 13 letter, recommends Monica Ilammerberg (manager of the Red Lion) be appointed. V. DISCUSSION: A) Mayor Watkins recommends that City Council reappoint Ms. Hammerberg as recommended by the Tri-Cities Hotel Lodging Association, without interview. 3(d) PASCO CITY HALL_ PECEIVE?) sm# _mom appown ,.UL 4 2011 1 �- CITY MANAGER'S OFFICE 1' P.O. Box 2039 Richland, WA 99352 July 13, 2011 Mr. Gary Crutchfield Third Floor 525 N. Third Ave Pasco, WA 99301 Dear Mr. Crutchfield: This letter is in reference to the Pasco TPA Commissioner position, currently held by Jim Gibson from the Best Western Inn. Mr. Gibson's term expires July 2011 and he is not eligible for re-election. The Tri-Cities Hotel & Lodging Association has nominated Monica Hammerberg from Red Lion Pasco to serve a two year term as a TPA Commissioner to represent the City of Pasco. General Manager Naomi Maiden from the Sleep Inn was nominated as the alternate candidate. If you have any questions regarding this issue, please do not hesitate to contact me at 509-942-9400. Sic rel a M re �� Preside Tri-Cities Hotel & Lodging Association Cc Kris Watkins—President CEO Tri-Cities Visitors&Convention Bureau 5. Creation of Tri-City Regional Hotel-Motel Commission. A. It is understood and agreed that it is hereby created, pursuant to RCW 35.101.130 (1), the Tri-City Regional Hotel and Motel Commission ("Commission") to advise the Cities on the expenditure of Special Lodging Assessment revenues to fund tourism promotion within the Tri-City region. B. The Commission shall consist of six (6) voting Members and three (3) ex officio Members. Two voting members shall be selected by the Kennewick City Council from a list of nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Kennewick. Two (2) voting members shall be selected by the Pasco City Council from a list of nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Pasco. Two voting members shall be selected by the Richland City Council from a list of nominees prepared by the "Tri-City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Richland. In no event shall fifty percent (50%) or more of the voting membership of the Commission be selected from the .same Lodging Ownership or Management Company within the Tri-City Regional Area.. The City Manager or his or her Designee from each of the three Cities shall serve as an ex officio member. All Commission members, voting and ex of may participate in all discussions regarding proposed activities and programs by the Tri-City Regional Tourism Promotion Area for promotion and marketing of tourism. Ex officio members shall not have voting rights, except in the event of a tie vote among the voting members at which time, each ex officio member may cast a vote to break the tie. Any vacancy on the Tri-City Regional Hotel and Motel Commission shall be filled by the appointing City, from a list of nominees preparcd by the Tri-City Hotel and Lodging Association for voting memberships within thirty (30) days from the date the vacancy occurs. C. It is understood and agreed that the initial voting members of the Commission shall serve staggered terms, with one member serving a one-year term and the second member serving a two-year term. The length of the term for each individual voting member of the initial Commission shall be chosen by lot at the first meeting of the Commission. Thereafter, all voting members subsequently appointed to the Commission shall serve a term of two years. No voting member shall serve more than two consecutive terms as a Member of the Commission unless such subsequent term is separated by at least twelve (12) months from the last date of service as a Member of the Commission. A Member may be removed from the Commission by three- fourths (3/4) affinnative vote of the Commission for actions deemed to be adverse to the interest of the Commission. Such actions may include unexcused absences from three meetings of the Commission within a twelve (12) month period; failure to perform assigned duties and responsibilities; and conduct detrimental to the best interests of the Commission. Succeeding and replacement voting members shall be selected by each City as provided above for the selection of the initial voting members of the Commission. AGENDA REPORT FOR: City Council July 13, 2011 TO: Gary Crutchfiel Manager RegularMtg.: 7/18/11 Rick White, Community Sc Economic Development Director ! FROM: David 1. McDonald, City Planner SUBJECT: FINAL PLAT (MF4 FP 2011-007 Chapel Hill Phase 5 Envision Homes 1. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://w% v pasco- wa.gov/citycouncilreyorts). II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 7/1$: MOTION: I move to approve the final plat for Chapel Hill Phase 5. Ill. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Chapel Hill subdivision. The developer is now seeking; final plat approval for Phase 5. B. The Chapel Hill subdivision is a single-family residential development located south of I-182 and east of Road 68. V. DISCUSSION: A. Prior to approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that sectues the financing for the infrastructure improvements. In this case, the developer has completed some of the improvements and has provided the City with a bond in an amount sufficient ($33,158) to cover the costs of outstanding improvements. B. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. 3(e) Overview Item: Final Plat - Chapel Hill Ph 5 Applicant: Envii ` Ma � File : FP 2011 -00 QWT 7T"'ii •'.' 1. s .' �•"yip'.t��r�� r i 5 r at fix V7. , Al V 4W -" ' '�' \, _ `^'..` tea.,. _ Res s _ •,t - ,i�iY � f ,F i�� qtr � w r w � _ •,� 's 1 ���,� �. ,t�nr •�Yr r r r j� � - �. •-\ �� '� ,� 4 - '' '•�-r"'r - F �/1�1 f ri"�,w. d .�i.�. � ^ it rt_��� ,, Jet_ ;.,,;> .a� • ... �'� � � .� �l�.p� . f Item: Final Plat - Chapel Hill Ph 5 6 a ft Vicinity Ap licant: nvision Homes N 1 File 2011 -007 :470.. o :.,6 LY� AGENDA REPORT FOR: City COUncil July 13, 2011 TO: Gary Crutchfie Manager Regular Mtg.: 7/18/11 Rick White, ' Community & I)conomie Development Director 2� FROM: David I. McDonald, City Planner SUBJECT: FINAL PLAT (MF4 FP 2011-001) Casa Del Sol Division 2, Phase 4 (Fastrack INC.) I. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http:// ytnr.pasco- wa.go vlcitycouncilre ports). II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 7118: MOTION: I move to approve the final plat for Casa Del Sol Division 2, Phase 4. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Casa Del Sol Division 2 subdivision. The developer is now seeking final plat approval for Phase 4. B. The Casa Del Sol Division 2 is a single-family residential development located south of Sandifur Parkway and east of Road 52. V. DISCUSSION: A. Prior to approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer has completed some of the improvements and has provided the City with a bond in an amount sufficient ($10,000) to cover the costs of outstanding improvements. B. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. 3(f) i Overview Plat Casa del 4 _ rrFaJ1!'�/ftr i• � �� ,. � -t �+ I ;'� Yrll� k� J7lls, �� � 9 > N:. titss fst�.•1:w—�r �� .'�. � '� iN, F � - � _ .iN i1Y'r�aw.i�1•• tir S 1.r _ .i'• � Y� Y,'� ^J.i�' :G-. :lf + r. .� ��L .�. �.•F.-, � �:t,Frew<tifwS/C.i 6L�!A•i.if�.�R Ir 4�.v' ii •1 K '�,��^ G '�- ' . R, � ,~ �� • �� � � iJ¢- Z; . i • ^q _ �r,.�o y,q - _ �'\f jT�,J r�••dlr t-4(�'yiJT�4 r� 1: ~ ' t ♦-. ��.. �••,f= _ire Map -' Wplicant: F st c Inc N File #: FP 2011 -006 IV AWA r -a .t �, } � - ,'�>_ - tr .•� rJ`. f M%ir,.. "� ,� .:p:9tMr dry i .J/..1 1 \ -- y do dwd i Vicinity Item-, Final. Plat Casa 1 Sol Ph , i Applicant: Fastrack + } ; Map FP 1 Fwle #. 2011 -006 -- _ztw - yZ�1 �,_ r` ,mot 7C mdffo%P- ji -�• rye-1� � .r�` �. � `'.��j�� _� �` '� '� . � ads= 'mot+ 'rw .� •. f .` ,e_, '� \ , t: INS �i. err y,__` a. . AGENDA REPORT NO. 13 FOR: City Council July 11, 2011 TO: Gary Crutchtt Manager r PROM: Ahmad Qayoumi, Public Works Director Regular Mtg.: 07/18/11 SUBJECT: Accept 2010 Sewer Extension, Project 410-1-01 I. RE, ERENC:E(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 07/18: MOTION: I move to approve Resolution No.� accepting the work performed by Rotschy, Inc., under contract. for the 2010 Sewer Extension, Proj ect 410-1-01. III. FISCAL IMPACT: Water/Sewer Fund IV. HISTORY AND FACTS BRIEF: A) On October 18, 2010, Council awarded the 2010 Sewer Extension, Project #10-1- 01 to Rotschy, Inc. for $241,750.25, plus applicable sales tax. V. DISCUSSION: A) The final project cost was $268,862.84, plus applicable sales tax. The overage, approximately 11 percent ($27,112,59), was incurred due to a change in design, The change was made because of an Luiknnown depth of an existing waterline that a sewer line needed to cross, The work is now complete and staff recommends acceptance of this work. 3(9) RESOLUTION NO. A RESOLUTION ACCEPTING WORK PERFORMED BY ROTSCHY, NC., UNDER CONTRACT FOR THE 2010 SEWER EXTENSION, PROJECT 410-1-01. WHEREAS, the work performed by ROTSCHY, INC., under contract for the 2010 Sewer Extension, Project#10-1-01, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by ROTSCHY, INC., under contract for the 2010 Sewer Extension, Project 410-1-01, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 18th day of July, 2011. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT NO. 12 FOR: City Council i July 11, 2011 TO: Gary Crutchfie anager FROM: Alunad Qayourrii, Public Works Director Regular Nltg.: 07/18/11 SUBJECT: Accept 2009 Sewer Lining, Project#09-1-01 I. REFERENCE(S): 1. Resolution If. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 07/18: MOTION: I move to approve Resolution No. accepting the work performed by RePipe-California, Inc., under contract for the 2009 Sewer Lining, Project #09-1-01. III. FISCAL IMPACT: Public Works— Sewer Fund IV. HISTORY AND FACTS BRIEF: A) On November 2, 2009, Council awarded the 2009 Sewer Lining, Project #09-1-01 to RePipe-California, Inc. for $346,242.50, plus applicable sales tax. V. DISCUSSION: A) The final project cost was $290,379.00, plus applicable sales tax. The reduction in cost was due to the removal of Alternate 3, in which there was no access to perform the work. The sewer line was crossing under existing railroad tracks and a manhole access was within the railroad right-of-way. The contractor was not able to obtain the necessary permits from BNSF to work in their right-of-way. The work is now complete and staff recommends acceptance of this work. 3(h) RESOLUTION NO. A RESOLUTION ACCEPTING WORK PERFORMED BY REPIPE-CALIFORNIA, INC.,UNDER CONTRACT FOR THE 2009 SEWER LINING, PROJECT##09-1-01. WHEREAS, the work performed by REPIPE-CALIFORNIA, INC., under contract for the 2009 Sewer Lining, Project 909-1-01, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete,NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by REPIPE-CALIFORNv'IA, INC., Linder contract for the 2009 Sewer Lining, Project 409-1-01, as being completed in apparent conformance with the project specifications and dra'A ings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 18th day of July, 2011. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney GENERAL FUND OPERATING STATEMENT THROUGH JUNE 2011 YTD 2011 % OF YTD TOTAL % OF 2011 ORIGINAL. ANNUAL 2010 2010 TOTAL ACTUAL BUDGET BUDGET ACTUAL BUDGET ACTUAL REVENUE SOURCES: TAXES: PROPERTY 3,347,101 6,000,000 55.8% 3,149,643 5,850,000 53.8% SALES 4,280,777 8,225,000 52.0% 4,063,392 7,700,000 52.8% UTILITY 4,019,530 7,560,000 53.2% 4,064,192 7,615,000 53.4% OTHER 536,908 1,015,000 52.9% 513,317 1,015,000 50.6% LICENSES & PERMITS 1,079,676 1,052,650 102.6% 1,097,678 1,020,200 107.6% INTERGOV'T REVENUE 951,587 1,632,200 58.3% 745,990 1,710,017 43.6% CHARGES FOR SERVICES 1,500,032 3,007,750 49.9% 1,283,473 2,807,220 45.7% FINES & FORFEITS 457,864 971,600 47.1% 438,301 927,700 47.2% MISC. REVENUE 230,722 634,200 36.4% 339,751 734,700 46.2% OTHER FINANCING SOURCES 55,111 100,000 55.1% 15,000 472,790 3.2% TOTAL REVENUES 16,459,308 30,198,400 54.5% 15,710,737 29,852,627 52.6% BEGINNING FUND BALANCE 9,414,299 6,000,118 9,860,107 6,000,000 TOTAL SOURCES 25,873,607 36,198,518 71.5% 25,570,844 35,852,627 71.3% EXPENDITURES: CITY COUNCIL 49,933 118,040 42.3% 58,652 116,525 50.3% MUNICIPAL COURT 581,818 1,275,150 45.6% 592,532 1,267,353 46.8% CITY MANAGER 406,099 915,410 44.4% 407,957 889,415 45.9% POLICE 5,223,169 11,284,368 46.3% 4,964,451 10,827,443 45.9% FIRE 1,973,881 4,193,418 47.1% 1,941,580 4,369,024 44.4% ADMIN & COMMUNITY SVCS 2,621,324 5,595,700 46.8% 2,409,648 5,409,423 44.5% COMMUNITY DEVELOPMENT 476,690 1,101,400 413% 502,740 1,035,931 48.5% ENGINEERING 603,620 1,193,280 50.6% 503,505 1,136,332 44.3% MISC. NON-DEPARTMENT 1,850,446 3,545,360 52.2% 2,000,897 4,330,406 46.2% LIBRARY 710,678 1,148,880 61.9% 605,634 1,300,875 46.6% TOTAL EXPENDITURES 14,497,658 30,371,006 47.71/o 13,987,596 30,682,727 45.6% ENDING FUND BALANCE 11,375,949 5,827,512 11,583,248 6,000,000 TOTAL EXPEND& END FUND BAL 25,873,607 36,198,518 25,570,844 36,682,727 AVAILABLE CASH BALANCE 9,971,595 8,943,787 PERCENTAGE OF BUDGET ALLOCATED FOR 6 MONTHS 50% These statements are intended for Management use only. 6(b) AGENDA REPORT FOR: City Council July 13, 2011 TO: Gary Crutchfie 'i Ma ager Regular Mtg.: 7/19/11 Rick White, Community & E,conomie Development Director FROM: David 1. McDonald, City Planner SUBJECT: STREET VACATION (MF# VAC 2011-003 Saint Fran Court (Gary Ea I. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance 3. Map Showing Parcels IL ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to continue the hearing until August 1, 2011 to allow the applicant time to consolidate tax parcels to eliminate the possibility of creating a parcel witliout legal access. 111. 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. C. The hearing was continued to July 18`h to allow time for staff to meet with the applicant and explain access constraints to the property from Road 68 and the need to assure continual access to an adjoining parcel. V. DISCUSSION: A. The petitioners purchased four parcels of land totaling 5.5 acres at the northwest comer 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 (3 218 Road 68) if this easement were to be eliminated. D. Staff was able to meet with the applicant and explain access constraints along Road 68 and the need for improvements to ensure that only a right-in and right- out access driveway will be constructed. As with all development the property owner/developer will be responsible for construction of improvements along Road 68 including the structure for the right-in and right-out driveway. The 7(a) second issue concerns access to the parcel at 3218 Road 68 which does not have frontage on Road 68 but is served by an access and utility easement along the south edge of the parcel at 3216 Road 68. The legal access for 3218 Road 68 (Lot 3, SP 81-21) was established by way of an easement through Short Plat 81-21. The applicant recognizes the recorded access easement and has prepared a development plan that does not diminish or encroach upon this easement. E. In addition to discussing the access issues identified in item "D" above staff also explained to the applicant the fact that the proposed vacation would create a land locked parcel on the west side of Saint Fran Court. To avoid this staff suggested the applicant consolidate the small parcel on the west side of Saint Fran Court with the main parcel on the east side of Saint Fran Court (See Reference Map 3). The applicant has agreed to consolidate the parcels but has asked for some additional time to complete the County paper work necessary to accomplish the consolidation. • Item: Street Vacation - St. Fran. Court Vicinity Applicant: Gary Earp N Map File #: VAC 2011 -003 - r r ) * 146.45' e � ► T4 368.59 0 - cc ARGENT RD �+ - q -7 - � ' Area s F � to be , . , -�• r � � aka - Vacated E Reference 2 - Proposed Ordinance WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3" 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 performed; 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 "I" 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 I Sth day of July, 2011, Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney Exhibit Item• Street Vacation - St. Fran Court d #1 Applicant: Gary Earp File #: VAC 2011 -003 368.59' $ ARGENT RD Area Vacated 0 Parcel Item: Street Vacation - St. Fran Court Applicant: I Earp Map File #: VAC 2011 -003 jP •r � � � do♦ , ..:FR_.A � �- ' N r AGENDA REPO1F F FOR: City Council July 6, 2011 TO: Gary Crutch :y Manager Workshop Mtg.: 7/11/11 Regular Mtg.: 7/18/11 FROM: Rick White, t Community&Economic Development Director SUBJECT: Medical Mariivana (MF# CA2011-003 I. REFERENCE(S): 1. Proposed Resolution 2. City Attorney Memo dated June 21, 2011 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 7111: DISCUSSION 7/18: MOTION: I move to approve Resolution declaring a moratoriusn that prohibits medical cannabis collective gardening in all zoning districts within the City and setting a public hearing. III. FISCAL IMPACT NONE IV, HISTORY AND FACTS BRIEF: A. In 1998 Initiative 692 was passed by Washington voters that pennitted the use of marijuana for medicinal purposes. B. The Initiative was codified as Chapter 69.51A of the Revised Code of Washington. However the statute did not determine how a qualifying patient could lawfully receive medicinal marijuana. In addition, marijuana still remained illegal under the Federal Control Substance Act. C. In 2007, the State Legislature clarified RCW 69.51A by determining that a medically authorized person could posses a 60-day supply of medicinal marijuana. However, cultivating marijuana still remained a felony under Federal law. D. The 2011 the State Legislature attempted to address this through Engrossed Second Substitute Senate Bill (E2SSB) 5073 which passed the Legislature in April of 2011. This bill provided for collective gardening of medical marijuana and allowed local cities and counties to adopt zoning and health regulations governing the production and distribution of medical marijuana. E. A majority of E2SSB 5073 was vetoed by Governor Gregoire. Section 403 remains in place which allows qualifying patients to jointly maintain collective gardens for cultivating cannabis for medical use. A collective garden may contain no more than 15 plants per patient up to a total of 45 plants. F. Although most of the Governor's veto eliminates medical marijuana provisions of E2SSB 5073, a section in the law remains in place prohibiting cities from precluding the possibility of siting licensed dispensaries within the jurisdiction. The legislation also permits growing marijuana in collective gardens with no more restrictions than it caunot be grown in public view. G. On July 22, 2011 the portions of the law that remain intact will go into effect. It will then be legal for qualifying patients to establish and participate in collective gardens for growing and delivering medical marijuana. S(a) V. DISCUSSION: A. Cities may impose reasonable restrictions through zoning regulations on collective medicinal marijuana gardens. The restrictions must serve a legitimate government interest and be reasonably calculated to achieve that government interest. The City will need time to prepare meaningful and enforceable regulations. B. As noted in the City Attorney's memorandum, a moratorium may be declared by resolution as long as a public hearing is held within 60 days of adoption of sucl, a resolution. The moratorium can then continue for 6 months or upon the adoption of a specific work plan that can last up to 12 months. C. Staff recommends that an iunmediate moratorium be established to prevent establishing and "grandfathering" collective gardens for medical marijuana and that a public hearing be set for August 15, 2011. This will allow the City to adopt findings of fact based on evidence received from the public hearing. The City can then extend the moratorium for up to 6 months, or establish a work plan for developing appropriate regulation of collective gardens that can extend the moratorium up to 12 months. RESOLUTION NO. A RESOLUTION of the City of Pasco, Washington, declaring a moratorium prohibiting medical cannabis collective gardens in all zoning districts within the City and setting public hearing thereon. WHEREAS, the Washington legislature by Engrossed Second Substitute Senate Bill 5.073 (the Medical Cannabis Bill) provided for the establishment of State regulated medical cannabis dispensaries and collective cannabis gardens to provide a source of medical cannabis for qualifying patients, however, Washington Governor Christine Gregoire vetoed signif cant portions of the Bill including all State agency regulations of the production, processing and distribution of medical cannabis; and WHEREAS, as a response to the Governor's veto, the legislature attempted, in the last hours of the 2011 legislative session to introduce Senate Bill 9555 addressing the concerns raised by the Governor's veto, however, this Bill did not survive the closing of the legislative session and, therefore, further legislative action is unlikely until the convening of the 2012 legislature; and WHEREAS, the portions of the Medical Cannabis Bill that survived the veto permits collective cannabis gardens subject to the City's determination of appropriate zoning, business license, health and safety requirements to serve the best interests of the City; and WHEREAS, the veto of major sections of the Medical Cannabis Bill has resulted in great confusion as to its application and future legislation including a recently filed Initiative which raises further questions in regards to the future affect and application of this act; and WHEREAS, the City of Pasco does not currently have a specific provision addressing the conditions or locations of collective caruiabis gardens within the City; and WHEREAS, it is anticipated that collective cannabis gardens may require an increased risk to health and safety, require increased police and code enforcement activities, and affect the use and enjoyment of surrounding; properties without appropriate regulations; and WHEREAS, the City intends to develop appropriate zoning and land use regulations to accommodate collective cannabis gardens; and WHEREAS, Washington law authorizes the City to adopt a moratorium with a public hearing which must be held within sixty (60) days of the date of the adoption of a moratorium; and WHEREAS, the City Council has determined that it is in the best interest of the City that a moratorium be established to provide the City an opportunity to study appropriate regulations for such collective gardens, and to develop a work plan for the implementation of such regulations; NOW, THEREFORE, Resolution - 1 THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. Moratorium Established. A moratorium is imposed prohibiting the establishment, maintenance, cultivation, or operation of a collective garden for growing medical cannabis as defined by Section 1, Subsection 2 of the Engrossed Second Substitute Senate Bill 5073 and RCW 69.51A.010 as amended, within all zoning districts within the City of Pasco; and a moratorium is imposed on the filing with the City, or the Courts of Competent Jurisdiction, any applications for licenses, permits, or other approvals for the location of a collective garden as defined above during the term of this moratorium. Section 2. Term of Moratorium. `l c moratorium imposed by this Resolution shall become effective on the date hereof, and shall continue in effect for an initial period of six (6) months, unless repealed, extended, or modified by the City Council after a public hearing and the entry of appropriate findings of fact as required by RCW 35A.63.220, provided, however, that the moratorium shall automatically expire upon the effective date of zoning regulations adopted by the City Council to address collective gardens for medical cannabis within the City of Pasco. Section 3. Public Hearing. A public hearing shall be scheduled for 7:00 p.m., or as soon thereafter as the matter may be heard, on the 15th day of August, 2011, at the City Council Chambers of the Pasco City Hall, where it will hear evidence and consider the comments and testimony of those wishing to speak at such public hearing regarding the moratorium. Section 4. Preliminary . Following the public hearing, the City Council shall adopt Findings of Fact justifying its actions before the public hearing, and determine whether a work plan is necessary to address the issues involving the collective gardens for medical cannabis within the City and extending the moratorium to complete a work plan and implementation of appropriate regulations. Section 5. Effective Date. This Resolution shall be in full force and effect upon its passage and signature below, PASSED by the City Council of the City of Pasco, Washington, as its regular meeting dated this day of Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B, Kerr, City Attomey Resolution - 2 KERB LAW,GRQUP 7025 .West.Cxfandridge,-B,1vd.,.Suite A Kennewick, Washington 99336-7724 (509) 735-.1.542 NIE�i'.C1i� .I7M TO: Gary Crutchfield, City Manager City of Pasco F ROM: Leland B.Kerr t Attorney at Law DATE: June 23, 2011 RE: Medical Marijuana Status of State Law By Initiative 692, the Washi4gton-.voters -on, November 3, 1998, found that "humanitarian compassion necessitates that the decisioh'to:auth6rize-.the.medical-use 'of,-maiijima by patients with terminal or d6bilitating ilinesses is-a personal .individual. decision, based upon'their physician's professional medical judgment and 'discretion", thereby, permitting the use of marijuana for medicinal purposes. The Initiative was codified as-Chapter 69.51A of the Revised Code of Washington. This statute defined "designated providers". who could -prescribe -marijuana.and -permitted a "qualifying patient"to use m.arijuana'lawfully, T.his. 13j-creating.deferi.ses for-both patients and providers•against prosecution for prescribing or-using medical marijuana. Unfortunately, the statute- did not determine how either'the'de'signatcd provider or the qualifying. patient could lawfully receive rrnarijuana. At the..same tinie,- marijuana remained illegal under the Federal Control Substances Act exposing those who:transfer-or-possess it to Federal-:prosecution. In 20.07, the legislature sought to clarify the law by directing the-Department of-Health to define a legal and appropriate'supply-of'marijuana: -The health department determined that a medically authorized person could possess a 60-day supply. A 60-day supply is defined as "24 ounces and. 15 plants." This still, however, failed'tc provide a means by whi&a designated..provider or a qualifying patient can actually obtain mojuana. .Diie`ta F.edei-a:l restrictions otl medical..moijuana,.patierits were unable to'obtain it through a-pharmacy, Selling marijuana. still remains.illegal. but a-patient who possesses marijuana upon a doctor's recommendation, is.protected -froi'n State and local criminal .penalties for possession -under State. law. A person arrested, and charged with cultivating marijuana under State law has -the;right to,use the medical marijuana law as an affirmative defense if'the�cultivation' is for personal.-use.only, and if the person.is-a-qualifying patient. Cultivating and selling Marijuana still remains a'felony under Federal law. Gary Crutchfield June 23,2011 Page 2 The 2011 legislature attempted-to address this und6r theAledical Cannabis Bill and Engrossed Second Substitute Senate Bill 507'a,.w.bi.ch-passed:t.�e-.1t.gislature-in April 2011. This Bill offered patient protections, authorized cdll.ective gardens-, and allow'td.loc.al cities and counties to adopt zoning and health regulitions.,govOrnIng--the 0rodupti(j4..pTcictssing'and...d.istribution--of medical marijuana. The Act provided',a. State' ljcextgn­g- for:prodi4cC'rS and -processors of marijuana for medical purpos6''overie"eh-by, the•Department-of-Health aiid the.Department of Agriculture. As-if to emphasize their point, the Fed6rdl jpve' n'=i6nt raided am' ar.ijuana dispensary.in Spokane just prior to tht time the Bill-bit the Gover.n6r'sAd§k.- Governor,Gregoire, as..a result`of,this la0ense pgienux-e fiom- both sides, signed the Bill, however. vetoed the vast Majority, 0 tbe-.9ib- -including -all'• sedtions. dedling, `with State regulations. In her vetoed message; she. declared "fio.:.state employee should,be required to violate the federal criminal'law in order.to-full-fill duties-under state law. Remaining in place, howe'ver, is,Section.403 which-authorizes "Qpalifyingp4tients may create and.participate in collective gardens.fbir.the.purpbse'-ef," duciq,,:Orcie.'essin'gi.'.transpor.ting, and, prP delivering cannabi8.fof-medical use participate in a single collective-garden which contains no rri6Te thaii 15 plants-per patient up-to a total of 45 plants; and'contains no ounces . t , more ounces-of-usable can- nabis per patient for up to a total of 72 ounces of usable cannabis. In addition, Section 501• makes it.illegal to displ.ay medical cannabis "in a manner or plaee•whioh is open to the-view of the general public." The Governor, likewise, retained Seetion 1.102 which-provides: "Cities and towns may ad*-acid.On:force any of-the f&IIOW:'.1ng pep to the productiork, processing, or dispensing-'of cannabis,'or.cannabis prodb6ts' 'within their jurisdiction: Zoning requireffienis; �busin;:ss..1ice:ffsing.:reqilireme,'nts, health and safety requirements, and busipcss,-taxes. , -I4o.thing'in this..acA is.intended to limit the:authority-of,cities,and- toWbs...to -' Ose-impose -.iiquirenient§ or' -other _. .�. : IMP- conditiong.u�on-licensed dispensers,.§cr.-16.'ng.a§'su,ch-reqtiirernents do riot precludi the possibility of*Siting licensed-.'dispensers•within the jurisdiction." The legislature in a last -minute.effort to cure this problem'introduced-SB.5955 in the waning moments juf the legislative-session-. Ms Bill; liowe�ver,.did not make it out of-c.onirhittee before .there- 10�. - . .' ' : i�iiv, the close of the session, and therefore, will:be-no further legis e direction until the next legislative session. This leaves the City in a very awkWard.p9sitidn. While-the vetoes-eliniinated-State -regulated dispensaries, including even the authorization-.that previbusly was'ased-to justify dispensaries,' the cities cannot"preclude the possibility of siting licensed dispenminies within the.junsdijoiion." Gary Crutchfield June 23,2011 Page 3 Secondly, the legislation permits' growing. of-marijuana-in collective gardens.with no more restrictiobs that it cannot be grown-iri-public view. Under'RCW 69450.608,Ibe."State of WasWngton..fully occupies and preempts-the entire field of setting:penalties-for violations of the,controlled.substane's act.",.The statute-rnakes it clear that local laws and ordinances that are iitc6mistent with.the reguireriments.of State:law "shall not,be enacted and,(are) unenforceable."'. As a-result,'•the:Ci#y cannot prohibit or exclude.collective gardens entirely. Therefore, oh. July 22, 2011, the.new law � at.least these portions that remain — shall go into effect, At that.point, it will be.lawful:.wit-lfln-the:Stat&.of�Washington for-qualifsringpatients to "create .and parBicipate in collective gardens for tJhe.'.purpose of producing; .processing; transporting; and delivering cwmkis'£or medical-use. . While.the 6ities-eannot make caoll'ective gardens•i[legal; they,-.mayimpo'seTeariable:restrictions through zoning.regulations. . Like all other regulations.,�it%host dsr ttly aiid-.materially serve a legitimate gavemi hient-�iriteresi; be:olear and. Wiarsabiguous;; and. be reasortabiy calculated to achieve-that governmental interest. Once it has been determined that such regulations- are.necessary, the-City will need time to prepare meaningfully. and enf*vible. regulations. Iii .-light of the. substantial confusion suiroanding this law and,the-high.probability of future-Ghanges,'the City 'may wish to impose a moratorium to give it su£1;icient.time tQ.accorr;plish this task. RC'W 35.A.63:220 allows the City Coun.ci-l-lo',advpt-a rr oratorium or create-an .interi;n zoning ordinance prohibiting the-activity.-While the'City, affter'd.puliTie hearing and establishing a work plan, determines appropriate regttlatioris." A moratorium may be declared immediately by resolution or interim zoning ordinance on the condition that a public,liearing.is held.witiiin-.60-days of'its;ad'6ption. The.•Cit Council can act on the.moratorium whether or riot:it-frecczves d--recomni,tint i n"frorri:-the Plannipg�:Coauhission. The City Council must adopt f�nding*-pf fact'justifying:tlie moratorium. Tlie.rrioiatbrium can continue.in effect far'six-rnbnths,or,�iipon the W"ilgr�.6t a specitkc,work-planr, fast up�to. one year. .*A moratorium may, thea-be.renewed 1 far one .vr Yikore-additaotzal sixrm6nih' 'terins if proceeded'by public hearing Arid-frndirtgs'of fact:are'nudewith each.renew 1. There are two.potential procedures to foltow. The first is to declare an immediate moratorium prohibiting-medical marijuana and collective gardens irf-any.zone witivn the City and setfiing a.public hiAiitig Within-60 days.' hollowing the public hearing, the City Council -can adopt,eiAdings of'fact-bwec.. on-evidence -rece.ived­and extend the'moratorium.for up to sic months,-or-establish,a work plan procedure-extending the moratorium for up to one year. Gary Crutchfield June 23, 2011 Page 4 The second procedure is the City immediately adopts the.findings of fact and pass.a moratorium ordinance or resolution, likewise,-proufdi hg for a'public�hearing after. Which the Council may either continue, or repeal the moratorium. Several other jurisdictions fioin .the. State. :hdye. already. .enacted -moratoriums regarding dispensaries, and mariy more are expected to enajft moratoriums regarding eDllective gardens before the effective date of the statute. Attached is a draft Resolution following the first procedure for your.'consideration. If you have any questions or concerns,please do not hesitate to.give-me a call. LBK/sla Attachment cc: Lisa Beaton Tom Lampson Stan Strebel Rick White AGENDA REPORT TO: City Council July 6, 2011 FROM: Gary Crutchfi Manager Workshop Mtg.: ?/I 1/I l Regular Mtg,: 7/18/11 SUBJECT: lnterlocal Annexation Agreement I. REFERENCE(S): 1. Map, Pasco UGA with City Boundary - Map, Current Annexation Opportunities 3. RCW 35A.14.480 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 7/11: Discussion 7/1S: MOTION: I move to authorize initiation of the lnterlocal Annexation Agreement process provided by RCW 35A,14.480. III, FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The Pasco Urban Growth Area (UGA), as fixed by action of the Franklin County Commission in the 1990s, includes all land south of Powerline Road, representing about 30 square miles. All but about two square miles have been incorporated by the city over the past 20 years (see Reference 1). B) Annexation has been facilitated largely by the use of"Annexation Agreements," signed by property owners at the time of connection to the city's water system (or purchasers at the time of purchasing homes connected to the city water systein) in the unincorporated area. Once 60% of the assessed value of a given area is represented by annexation agreements, annexation can occur via passage of an ordinance by the City Council incorporating the affected area. At present, there are two portions of the unincorporated "donut hole" that could be annexed, having at least 60% of their respective value committed via annexation agreements (see Reference 2). C) State law was amended two years ago to provide a mechanism by which areas like the Pasco donut hole can be more readily annexed by the city surrounding the donut hole, but only in a fashion which fosters an agreement between the annexing city and the affected fire district and county (see Reference 3). Use of such a process (tri-lateral agreement) offers the opportunity to better plan for annexation through mutual agreement by the involved agencies; rather than use the old system of"reaction" to the effects, after the fact. It also would eliminate the need to require property owners to sign agreements or petitions regarding annexation. D) The rationale for annexation of the donut hole principally relates to efficiency and snaking best use of local tax resources. At present, the city travels through the donut hole daily to provide services to the balance of the city; Franklin County and Fire District No. 3 do likewise when providing services to the balance of the unincorporated areas, Another factor is that state-shared revenues for cities are allocated on population at a higher rate than are counties; thus, the Pasco community will receive an estimated $100,000 annually more from the state than received presently by the wunty for the same population, 10(a) V. DISCUSSION: A) City staff have shared with Franklin County Fire District #3 the observation that certain parts of the donut hole could be annexed this year, and suggested the city and District entertain use of the new local agreement procedure. Preliminary discussions with District representatives indicate there may be room to reach mutual agreement on an annexation plan, to include mitigation of potential impacts; the results would be a path of timely annexation certainty for the city and of reliable mitigation for the District, in essence a potential "win-win." Staff have had no discussion with Franklin County as of yet, as the District has historically been the most affected by annexation, B) The new statute requires the agreement process to commence formally by the city giving written notice to the District and the county of its desire to seek a mutual agreement and providing 45 days for a response. Given the potential positive outcome, staff would expect detailed discussions to ensue over the next 45-60 days, providing a more-clear picture of the probability associated with this procedure, if an agreement is not forthcoming, an annexation of the two immediate areas (Reference 2) could proceed without agreement of the District or county. if an agreement is expected by year end, staff would recommend its pursuit. 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IIIIII.., �.. w �E� �r'q��lsisil(� nw I■r��■i/■/It �a Area Southeast Area I RCW 35A.14.480: Annexation of territory served by fire districts — Interlocal agreement... Page 1 of 1 RCW 35A.14.480 Annexation of territory served by fire districts—Interlocal agreement process. (1)(a)An annexation by a code city proposing to annex territory served by one or more fire protection districts may be accomplished by ordinance after entering into an interlocal agreement as provided in chapter 39.34 RCW with the county and the fire protection district or districts that have jurisdiction over the territory proposed for annexation. (b)A code city proposing to annex territory shall initiate the interlocal agreement process by sending notice to the fire protection district representative and county representative stating the code city's interest to enter into an interlocal agreement negotiation process. The parties have forty-five days to respond in the affirmative or negative. A negative response must state the reasons the parties do not wish to participate in an interlocal agreement negotiation. A failure to respond within the forty- five day period is deemed an affirmative response and the interlocal agreement negotiation process may proceed. The interlocal agreement process may not proceed if any negative responses are received within the forty-five day period. (c) The interlocal agreement must describe the boundaries of the territory proposed for annexation and must be consistent with the boundaries identified in an ordinance describing the boundaries of the territory proposed for annexation and setting a date for a public hearing on the ordinance. If the boundaries of the territory proposed for annexation are agreed to by all parties, a notice of intention must be filed with the boundary review board created under RCW 36 93.030. However,the jurisdiction of the board may not be invoked as described in RCW 36,93,100 for annexations that are the subject of such agreement. (2)An interlocal annexation agreement under this section must include the following: (a)A statement of the goals of the agreement. Goals must include, but are not limited to: (i) The transfer of revenues and assets between the fire protection district and the code city; (ii)A consideration and discussion of the impact to the level of service of annexation on the unincorporated area, and an agreement that the impact on the ability of fire protection and emergency medical services within the incorporated area must not be negatively impacted at least through the budget cycle in which the annexation occurs; (iii)A discussion with fire protection districts regarding the division of assets and its impact to citizens inside and outside the newly annexed area; (iv) Community involverneni, including an agreed upon schedule of public meetings in the area or areas proposed for annexation; (v) Revenue sharing, if any; (vi) Debt distribution; (vii) Capital facilities obligations of the code city, county, and fire protection districts; (viii)An overall schedule or plan on the timing of any annexations covered under this agreement; and (ix)A description of which of the annexing code cities'development regulations will apply and be enforced in the area. (b)The subject areas and policies and procedures the parties agree to undertake in annexations. Subject areas may include, but are not limited to: (i) Roads and traffic impact mitigation; (ii) Surface and storm water management; (iii)Coordination and timing of comprehensive plan and development regulation updates; (iv)Outstanding bonds and special or improvement district assessments; (v)Annexation procedures; (vi) Distribution of debt and revenue sharing for annexation proposals, code enforcement, and inspection services; (vii) Financial and administrative services;and (viii)Consultation with other service providers, including water-sewer districts, if applicable. (c)A term of at least five years,which may be extended by mutual agreement of the code city, the county,and the fire htLp://apps.leg.w�t.gov/rcvi,/defatLIt.aspx^cite=35A.14.480 6/13/201.1 AGENDA REPORT NO. 9 FOR: City Council July 14, 2011 TO: Gary Crutchfi Manager FROM: Alunad Qayou44 Public Works Director Regular Mtg.: 07/18/11 SUBJECT: Award Commercial Avenue Water Line Extension, Project #C4-10-05WTR I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 07118: MOTION: I move to award the low bid for the Commercial Avenue Water Line Extension, Project 4C4-10-05WTR, to Sharpe & Preszler Construction Company, Inc., in the amount of $276,580.50, plus applicable sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Water/Sewer Fund IV. HISTORY AND FACTS BRIEF: A) On July 12. 2011, staff received seven (7) bids for the Commercial Avenue Water Line Extension, Project #C4-10-05WTR. The low bid was received from Sharpe & Preszler Construction Company, Inc. in the amount of $276.580.50, plus applicable sales tax. The second lowest bid was received from Tapani Underground, Inc. in the amount of$293,520.00. The Engineer's Estimate for the project is $285,550.00. V. DISCUSSION: A) This project involves excavation for and installation of 16" water main line, the repair or replacement of roadways disturbed or damaged in said excavation, the installation of a roadway embankment to install the water main line, and the installation of appurtenances for the water line. Staff recommends award of the contract to Sharpe & Preszler Construction Company, Inc. 10(b) a COMMERCIAL AVENUE PHASE II FOSTER WELLS ROAD WATER LINE C4-10-05—WTR F(WSTLk WELLS '• ` Ims 1 • •tea '+ r Li. 4 ki AIL Q' -.�- [--``-r_�k•_!`I P I F'- �,�,'.T,]!1{f EP,I 9Lj'i1-,Lr � •� !i }.�'I.._ `rl Ir, �Li -f i - -mid#;1.4 UNO tT 9. ax lk 'G — Y 1 �Cp t L_5` }Rr19M \ I�'•.r,.., � r.l. �—•�:--. ...I �!:W!', t 1 �� � •+.. c:_ � .'. may...., i �.t.; IT'-��•ifa -�.:_it +.t.i� "i•yY�\ �-i.t'!.F\sl�S$7'.-3 .� I _.�p P- s' :1`�bi i°I.—: . '_ '��-,1�5�: 'v.�-'{yt' _t•N II i �` L'�°`$�A Jar� /p'`f�j1 _'.� ?��•�"�_�-���`"�'�.r.r- � �_. �1- 11-- A{• � Fl r � P �• VICINITY MAP City of Pasco Commercial Avenue Water Line Extension Project No. C4-10-05WTR July 12, 2011 BID SUMMARY Total 1. Sharpe & Preszler Construction Co., Inc. $276,580.50 2. Tapani underground $293,520.00 3. Culbert Construction $301,778.27 4. Big D's Excavation $309,080.00 5. Ray Poland & Sons $315,685.00 6. Premier Excavation $394,361.50 7. A11Star Construction Group $466,729.71 Engineer's Estimate $285,550.00