HomeMy WebLinkAbout2011.08.01 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. August 1,2011
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 Cotmcilmembers 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 18, 2011.
2. Minutes of the Special Pasco City Council Meeting dated July 25, 201 L
(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 $1,252,083.79 ($63,300.55 in the form of
Electronic Fund Transfer Nos. 6616, 6678 and 6750; and $1,188,783.24 in the form of Wire
Transfer Nos. 1097, 1098, 1102 through 1106 and 1108; and Claim Warrants numbered
183347 through 183559).
2_ To approve Payroll Claims in the amount of $2,976,395.52, Voucher Nos. 42787 through
43101; and EFT Deposit Nos. 30045653 through 30046510.
(e) Community Survey:
1. Agenda Report from Gary Crutchfield, City Manager dated July 19, 2011.
To authorize the City Manager to contract for conduct of the 2011 National Citizen Survey, not to
exceed $11.000.
*(d) Final Plat(MF#FP2011-003)Linda Loviisa Division 2, Phase 3 (Aho Construction):
1. Agenda Report from David 1. McDonald, City Planner dated July 26,2011.
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 2www.12asco-wa.govJcitycouncilrc ports).
To approve the Final Plat for Linda Loviisa Division.2,Phase 3.
*(e) Resolution No. 3331, a Resolution fixing the time and date for a public hearing to consider the
vacation of a portion of California Avenue.
1. Agenda Report from David 1. McDonald, City Planner dated July 27, 2011.
2. Vicinity Map,
3. Proposed Resolution.
4. Vacation Petition.
To approve Resolution No. 3331, setting 7:00 p.m., Tuesday, September 6, 2011 as the time and
date to conduct a public hearing to consider vacating a portion of California Avenue.
(RQ MOTTO : I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following
Pasco residents have been invited to attend the Council meeting to receive Certificates of
Appreciation from the City Council for"Yard of the Month,"July 2011.
1. Maria Rodriguez, 324 W. Sylvester
2. Brian and Sofia Roach,4021 Rivcrhavcn
3. John and Leah Clark,3007 Road 70 Place
4. Randy and Jackie Zinnei, 6111 Chehalis Lane
(b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA)
The following Pasco business has been invited to attend the Council meeting to receive a
Certificate of Appreciation from the City Council for "Business of the Month Appearance
Award"for July 2011.
L Western Dental, 3603 W.Court Street
Regular Meeting 2 August 1, 2011
5. VISITORS- OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(a) Street Vacation (MF# VAC2011-003) Saint Fran Court(Gary Earp).
1. Agenda Report from David I. McDonald, City Planner dated.July 26, 2011.
2. Vicinity Map,
3. Proposed Ordinance.
CONDUCT A PUBLIC HEARING
Ordinance No. ,an Ordinance vacating Saint Fran.Court.
.%IOTJON; I move to adope Ordinance No._ _, wwating all of Saint frYm Court anti, further,
authorize publication by summary only.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
(a) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Sections
1.01.130 "Violations-Penalty"; 1.08.040 "Fraudulent Registration of Unqualified Persons";
5.27.270 "Penalty"; 5.45.200 "Penalty"; 5.46.060 "Violations and.Penalties; 5.70.050 "Violation
and Penalty'; 5.78.030 "Violations'; 9.01.090 "Gross Misdemeanor-Penalty'; 9.02.020
"Penalty"; 9.85,040 "Penalties"; and 26.04.120 "Enforcement" Redefining the Maximum
Incarceration for Gross Misdemeanors.
1. Agenda Report from Stan Strebel,Deputy City Manager dated July 26, 2011.
2. Draft Ordinance.
MOTION: I move to adopt Ordinance No, , amending sections of the Pasco Municipal
Code i—edcfiuijig the maxinruurY irtcare-ei-ation for grass misdamean+ors and, fixrther, authmiaze
Ind)l1ca4ion by -;uininary only,
(b) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Section
10.18.010 "Authority to Impound Vehicles"; and creating a new Section 10.18.015 "Mandatory
Impound" providing for mandatory impound upon arrest for driving while under the influence
(RCW 46.61.502)and physical control of a vehicle under the influence(RCW 46.61.504).
1. Agenda Report from Stan Strebel,Deputy City Manager dated July 19, 2011.
2. Draft Ordinance.
MOTION: T move to adopt Ordinance No. amending Titic 10 of She Pasco Municipal
Code regard hip impoundment of vehicles and, further, authorize purl ication by sua,7inmy tartly.
(c) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Pasco
Municipal Code Section 11.02.010, regarding applicability of procedures for "Civil infractions"
to include violations of Title 13, "Water and Sewers."
1. Agenda Report from Stan Strebel,Deputy City Manager dated July 20, 2011.
2. Dram Ordinance.
MOTION: 1 move to adopt Ordinance No._, amending Pasco Municipal Co& %cction
1.02..[110.. regarding applicability of procedures for "Civil tnfractions." Le include viclations of
Title 13,°`Wa[cr aid Scwera_, and, further,authorize publication,by summary only.
Q*(d) Resolution No. , a Resolution accepting the Planning Commission's recommendation and
approving a special permit for a parking lot at 424 and 428 West Shoshone Street.
1. Agenda Report from Shane O'Neill, Planner I dated July 28, 2011.
2. Vicinity Map.
3. Proposed Resolution,
4. Report to Planning Commission,
5. Planning Commission Minutes dated 6/16/11 and 7/21/11.
MUTION: I move to approve Resolution No, .approving a Special Pennit for the lineation of
a parlcitag lent at 424 and 428 West Shoshone Street.
Regular Meeting 3 August 1,2011
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
(a) County-Wide Public Safety Sales Tax:
1. Agenda Report from Gary Crutchfield, City Manager dated July 27, 2011.
2. Pasco City Council Agenda Report dated June 10, 2009.
3. Joint Resolution of Pasco and Franklin County(Pasco Resolution No. 3170).
MOTION: I move to affirm the citVss intended use of the pkiblic saf=ety saxes tax prOceeds, it
approvi� d by vc)wn", will be limited to a new police stalion and municipal court as well as other
1x ibIic: safety purpcmus.
MOTION: I inove to fix 7:00 lx.m,, Monday, August 15, 2011 as thL; time and elate to receive
testimony from citizens in t�vc.r cif or apposition to the public; safety sales tax: ballot measure
prcceding Council cowidcratioii of a resolution expressing support for or opposition to the Ballot
measccre.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
Ml~# "Master File#...."
Q Quasi-Judicial Matter
REMINDERS:
1. 1:30 p.m., Monday, August 1, KGH — Emergency Medical Services Board Meeting.
(COUNCILMEMBER TOM LARSEN,Rep.; AL YENNEY, Alt.)
2. 12:00 p.m., Wednesday, August 3, 2601 N. Capitol Avenue—Franklin County Mosquito Control District
Board Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; AL YENNEY, Alt.)
3. 5:30 p.m., Thursday, August 4, Parks & Rec. Classroom -- Parks & Recreation Advisory Council
Meeting. (COUNCILMEMBER SAUL MARTINEZ,Rep.,MIKE GARRISON, Alt.)
MrNUTES
REGULAR MEETING PASCO CITY COUNCIL JULY 18, 201 1
CALL TO ORDER:
The meeting Nvas called to order at 7.00 p.m, by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom
Larsen, Matt Watkins and Al Yenney, Absent: Saul Martinez.
Staff present: Gary Crutchfield; City Manager; Leland Kerr, City Attorney; Stan Strebel,
Deputy City Manager; Rick White, Community & Economic Development Director;
Ahmad Qayoumi, Public Works Director; Denis Austin, Police Chief; Ken Roske, 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 July 5, 2011.
(b) Bills and Communications
To approve General Claims in the amount of$899,351.97 ($75,628.20 in the fbrm 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 1 101; and Claim Warrants
numbered 183107 through 183346).
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.
(c) Downtown Development Authority Board:
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:
To appoint Monica Hammerberg (Red Lion)to a two-year term on the 'T'ri-Cities
Regional Hotel/Motel Commission, term to expire 713112013.
(e) Final Plat (MF #FP2011-007) Chapel Hill Phase 5 (Envision Homes):
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.):
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.
To approve.Resolution No. 3328, accepting the work performed by Rotschy, Inc., under
contract for the 2010 Sewer Extension, Project No. 10-1-01.
Removed from consent agenda and moved to item 8(b).
1
3(a). 1
MINUTES
RRCrT;LAR MEETING PASCO CITY COUNCIL 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.
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.
MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr.
Garrison seconded. Motion carried by unanimous Roll Call vote.
VISITORS - OTHER THAN AGENDA ITEMS:
Mr, Mac Miller, Boise Idaho, addressed Council regarding a rock in Volunteer Park.
_Mr, Jeny Miller, 516 S. Cedar Ave., inquired whether a new water line will be included
in LID 148 and where his driveway will be located. He also commented about code
enforcement issues in his neighborhood,
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Yerney attended the Benton Franklin Council of Governments Board meeting and
the Hanford Area Economic Investment Fund Committee meeting.
Ms. Francik attended the Freight Mobility Strategic Investment Board meeting.
Mayor Watkins and Ms. Francik attended the Tri-Cities Regional Public Facilities
District Board meeting and Mayor Watkins reported on the results of the District's
community survey.
PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
Street Vacation (MF 4VAC2011-003) Saint Fran Court (Gary Earp).
Mr. White explained the reasons for the continuance.
MOTION: Ms. Francik moved 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
without legal access. Mr, Garrison seconded. Motion carried unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Resolution No. 3330, 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.
MOTION: Ms. Francik moved to approve Resolution No. 3330, declaring a moratorium
that prohibits medical cannabis collective gardening in all zoning districts within the City
and setting a public hearing, Mr. Garrison seconded. Motion carried unanimously.
Resolution No. 3328, a Resolution accepting work performed by Rotschy, Inc.,
under contract for the 2010 Sewer Extension, Project No. 10-1-01.
Council and staff discussed the project.
MOTION: Ms. Francik;roved to approve Resolution No, 3328, accepting the work
performed by Rotschy, Inc., under contract for the 2010 Sewer Extension, Project No. 10-
1-01. Mr. Penney seconded. Motion carried unanimously.
2
MINUTES
REGULAR MEETING PASCO CITY COI.INCIL JULY I8, 2011
NEW BUSINESS:
Interlocal Annexation Agreement:
Council and staff discussed the proposed agreement process,
MOTION: Mr. Garrison mcvcd to authorize initiation of the Interlocal Annexation
Agreement process provided b,, RCW 35A.14.480,
There was no second. No action was taken.
Commercial Avenue Water Line Extension, Project No. C4-10-05WTR:
Mr. Qayoumi explained the details of the project.
MOTION: Ms. Francik moves to award the low bid for the Commercial Avenue Water
Line Extension, Project No. C4-10-05WTR, 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. Mr. Garrison seconded. Motion
carried by unanimous Roll Call vote.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:31 p.m.
APPROVED: ATTEST:
Matt Watkins, Mayor Debra L. Clark, City Clerk
PASSED and APPROVED this I st day of August, 2011.
3
MINUTES
SPECIAL MEETING PASCO CITY COUNCIL JULY 25, 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, Michael Garrison, Robert Hoffmann, Tom
Larsen, Saul Martinez, Matt Watkins and Al Yenney.
Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strobel, Deputy City Manager; Richard Terway, Administrative & Community Services
Director; Rick White, Community & Economic Development Director; Denis Austin,
Police Chief; Robert Clear, Fire Chief,
The meeting was opened with the Pledge of Allegiance.
BUSINESS ITEM:
Interlocal Annexation Agreement:
MOTION: Mr. Garrison moved to authorize initiation of the Interlocal Annexation
Agreement process provided by RCW 35A.14.480. Ms. Francik seconded. Motion
carried 4 —3. No—Hoffmann, Yenney and Larsen.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:26 p.m.
APPROVED: ATTEST:
Matt Watkins, Mayor Debra L. Clark, City Clerk
PASSED and APPROVED this 1 st day of August, 2011.
1 3(a).2
CITY OF PASCO
Council Meeting of: August 1, 2011
Accounts Payable Approved
The City Council
City of Pasco, Franklin County,Washington
We, the undersigned,do hereby certify under penalty of perjury that the materials have been furnished,the
sere cqs rendered or the labor performed as described herein and that the claim is a just,due and unpaid
pblGnag st the city a nd that we are authorized to authenticate and certify to said claim,
Gary Crutch fie M Dun e e Mason,/Finance Services Manager
J
We,the undersigned Clty Councilmembers of the City Council of the City of Pasco. Franklin County,Washington, do
hereby certify on this 1st day of August,2011 that the merchandise or services hereinafter specified have been received:
Check Numbers and 183347-183559 In The Amount Of. $1,188,783.24
Electronic Funds Transfers: 1097, 1098,
1102- 1106, 1108
In The Amount Of: $63,300.55
Electronic Funds Transfers: 66.16.6.67_8_.6_75.0
(Journal Entries) Combined total of $1,252,083.79
Councilmember Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERALFUND:
Legislative 910.22
Judicial 4,386.88
Executive 10,342.05
Police 179,271.83
Fire 9,816.04
Administration&Community Services 124,432.87
Community Development 1,612.14
Engineering 9,899.60
Non-Departmental 20,740.49
Library 94,326.59
TOTAL GENERAL FUND: 455,738.71
STREET 28,339.70
ARTERIAL STREET 0.00
STREET OVERLAY 0.00
C. D. BLOCK GRANT 26,719.35
KING COMMUNITY CENTER 1,627.37
AMBULANCE SERVICE 4,822,97
CEMETERY 6,335.90
ATHLETIC PROGRAMS 3,689.97
GOLF COURSE 84,851.29
SENIOR CENTER OPERATING 3,428.24
MULTI MODAL FACILITY 1,929.98
RIVERSHORE TRAIL&MARINA MAIN 1,066.14
SPECIAL ASSESSMNT LODGING 0.00
LITTER CONTROL 2,221.32
REVOLVING ABATEMENT 361.00
TRAC DEVELOPMENT&OPERATING 19,663.00
PARKS 0.00
STADIUMICONVENTION CENTER 8,971.39
GENERAL CAP PROJ CONSTRUCTION 10,331,55
WATER/SEW ER 328,771-81
EQUIPMENT RENTAL-OPERATING GOVERNMENTAL 28,017.57
EQUIPMENT RENTAL-OPERATING BUSINESS 134.63
EQUIPMENT RENTAL- REPLACEMENT GOVERNMENTAL 43,937.15
EQUIPMENT RENTAL• REPLACEMENT BUSINESS 0.00
MEOICAL/DENTAL INSURANCE 93,915.24
CENTRAL STORES 0.00
OLD FIRE PENSION 0.00
PAYROLL CLEARING 48,864.74
LID CONSTRUCTION 0.00
PUBLIC FACILITIES DIST 0.00
TRI CITY ANIMAL CONTROL 49,444.77
SENIOR CENTER ASSOCIATION 0.00
GRAND TOTAL ALL FUNDS: $ 1,252,083.79
3(b).1
CITY OF PASCO
Council Meeting of:
Payroll Approval August 1, 2011
The City Council
City of Pasco
Franklin County,Washington
The f payroll claims against the City of Pasco for the month of
July 2011 w her ith for your review and approval.
Wa_r7rutchfield, er Rick Terway,Administrative&Community Services DlreCtor
I l
We,the undersigned City Council members of the City Council of the City of Pasco, Franklin County,
Washington,do hereby certify that the services represented by the below expenditures have been received
and that payroll voucher No's. 42787 through 43101 and EFT deposit No's.30045653 through 30046510
and City contributions in the aggregate amount of$2,976,395.52 are approved for payment on this
1 st day of August 2011.
Councimem er Councilmember
SUMMARY OF PAYROLL BY FUND
GENERALFUND:
Legislative $ 11,444.76
Judicial 112,581.13
Executive 93,141.47
Police 790,497.52
Fire 375,259.97
Administrative &Community Services 547,933.25
Community Development 110,600.48
Engineering 125,239.12
TOTAL GENERAL FUND 2,166,697.70
CITY STREET 57,256.33
BLOCK GRANT 19,844.06
MARTIN LUTHER ICING CENTER 8,517.33
AMBULANCE SERVICE FUND 213,684.88
CEMETERY 16,344.41
ATHLETIC FUND 4,104.44
SENIOR CENTER 19,942.25
STADIUM OPERATIONS 0.00
MULTI-MODAL FACILITY 0.00
BOAT BASIN 0.00
REVOLVING ABATEMENT FUND 0.00
TASK FORCE 0.00
WATERiSEWER 431,960.10
EQUIPMENT RENTAL-OPERATING 38,044.01
GRAND TOTAL ALL FUNDS $ 2,976,395.52
Payroll Summary
Net Payroll 1,492,241.36
Employee Deductions 823,011,07
Gross Payroll 2,315,252.43
City of Pasco Contributions 661,143.09
Total Payroll $ 2,976,395.52
3(b)■2
AGENDA REPORT
TO: City Council July 19, 2011
FROM: Gary Crutchfif" ltfanager Workshop Mtg.: 7125111
,J Regular Mtg.; 8!1111
SUBJECT: Community S�irvey
I. REFERENCE(S):
[I. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS,
7125: Discussion
8/I: MOTION: 1 move to authorize the City Manager to contract for conduct of the
2011 National Citizen Survey, not to exceed $11,000.
III. FISCAL IMPACT:
$11,000
IV. HISTORY AND FACTS BRIEF:
A) The city has contracted with the National Research Center in Boulder (Colorado)
every other year since 2005 for the conduct of the "National Citizen Survey" in
Pasco. The survey is a nationally standardized survey used by communities
throughout the country to gauge the citizens' perception o1' municipal service
delivery. The report has been useful in defining concerns for Council to address
during its 2006, 2008 and 2010 biennial retreats (spring of each even-numbered
year) and has also been used to gain citizen response to specific questions selected
by the City Council (in addition to the standard survey questions). In anticipation
of the 2012 Council retreat, staff is preparing to contract for the National Citizen
Survey to be conducted in Iate 2011, for receipt of the report in January 2012
(providing plenty of time to incorporate the results in preparation for the Council
retreat in spring 2012),
B) In addition to its use for Council retreat, the survey is an integral part of the city's
on-going effort to measure its performance, from citizens' perspective, in the
provision of key services. With the benchmarks established by prior surveys,
staff will be able to track trends for certain service functions, thereby adding a
qualitative perspective to the quantitative information that the city also develops.
Thus; it is important that the survey be conducted on a regular basis (every two
years).
C) The base cost for the survey is $9,900 and may include up to three policy
questions. The data may also be compiled in a "Normative Comparisons" report
which compares Pasco's survey data with that of other jurisdictions of
comparable size around the country; the additional cost for this report is $1,100.
V. DISCUSSION:
A) Staff strongly recommends the survey be conducted in late 2011; thus, the
commitment must be filed with the National Research Center by late September.
Doing so will result in the report being provided to the city by late January.
B) The use of the specific questions option has been beneficial in previous years, and
it may be for the 2011 survey as well. Staff would appreciate direction on what
specific questions to include; it is understood that the specific questions need not
be identified until early-October,
C) Staff requests authorization to contract for the survey, and Council direction
regarding questions to be included.
3(c)
AGENDA REPORT
FOR: City Council cl July 26, 2011
T0: Crary Crutchfiel : Manager Regular Mtg.: 8/1/11
Rick White,
Community & ELonomic Development Director�/, j
FROM: David I. McDonald, City Planner '—'
SUBJECT: FINAL PLAT ("MF# FP201 I-003) Linda Loviisa Division 2, Phase 3 (Aho
Construction
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 httZt/wvvw paseo-
ti� /ci«councilrel?.orts
II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS:
8/1: MOTION: I move to approve the Final Plat for Linda Loviisa Division 2,
Phase 3.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The City Council previously approved a Preliminary Plat for the Linda Loviisa
Division 2 subdivision. The developer is now seeking Final Plat approval for Phase 3.
B. The Linda Loviisa subdivision is a single-family residential development located
south of Burden Boulevard and west of the Desert PlateaLt/Desert Oasis
neighborhood.
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 the infrastructure
improvements.
R. 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(d)
Item: Final Plat - Linda Loviisa 11 Ph 3
Overview Applicant- Aho Construction
1
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AGENDA REPORT
FOR: City Coiulcll( July 27, 2011
TO: Gary Crutchf�A Manager Regular Mtg.: 811/11
Rick White � (
Community & iconomic Development Directortk(
FROM: David I. McDonald, City Planner
SUBJECT: STREET VACATION (MI~# VAC 2011-005) A portion of California Avenue
(Domingo Navarro)
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Resolution
3, Vacation Petition
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMEVDATIONS:
8/1: MOTION: I movc to approve Resolution No.3 , setting 7:00
p.m., Tuesday, September 6, 2011, as the time and date to
conduct a public hearing to consider vacating a portion of
California Avenue.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The owner of the Ranch House Cafe at 1410 Fast Lewis Street has petitioned to
vacate the west 10 feet of California Avenue abutting his property.
B. The petition requires the City Council to fix a public hearing to consider the
vacation request. The earliest regular City Council meeting available for a public
hearing which provides the statutory 20-day hearing notice is September 6, 2011.
3(e)
• Item: ROW Vacation California Ave
Vicinity Applicant: Domingo Navarro N
Map File #: VAC 2011 -005
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Reference 2 - Proposed Resolution
RESOLUTION NO. 3�-J
A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO
CONSIDER THE VACATION OF A PORTION OF CALIFORNIA AVENUE.
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 rights-of-way; and
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That a public hearing to consider vacating the wcst 10 feet of California Avenue from the
south right-of-way line of East Lewis Street to the north right-of-way line of East Columbia
Street, will be held before the City Council of the City of Pasco in the Council Chambers of the
City Hall, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on the 6th day of
September, 2011. That the City Clerk of the City of Pasco give notice of said public hearing as
required by law.
PASSED by the City Council of the City of Pasco this 1st day of August, 2011,
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L, Clark, CMC Leland B. Kerr
City Clerk City Attorney
Vicinity Item: ROW Vacation California Ave
Applicant: Domingo Navarro N
Map File #: VAC 201 1 -005
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Reference 3 - Vacation Petition
FEE $240
CITY OF PASCO
STREET/ALLEY VACATION PETITION
MASTER FILE # DATE SUBMITTED:
I, we the undersigned, owners of two-thirds of the privately owned abutting
property hereby petition the City Council of the City of Pasco to vacate the
following described street/alley rights-of-way:
TA E VJr= a:: _1Q, ' 0r- CALirdtAlk ME E
ST e
APPLICANT: PROPERTY OWNED (Legal Description)
Print Name: '
Sign Name-
Address:
Phone # — Date
71-1- G r
Print Name:
Sign Name:
Date
Print Name:
Sign Name:
Date
ti
AGENDA REPORT
FOR: City Council July 26,2011
TO: Gary Crutchft Manager Regular Mtr,.: 8/1/1 1
Rick White,_
Community & �conomic Development Director
FROM: David I. McDonald,City Planner
SUBJECT: STREET VACATION (MF# VAC 2011-003)Saint Fran Court(Gary F,arp)
I. REFERENCF(S):
I. Vicinity Map
2. Proposed Ordinance
II, ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
Conduct Public Hearing;:
8/I: MOTION: I move to adopt Ordinance No. , an Ordinance vacating all of
Saint Fran Court and, further, authorize publication by summary
only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The owners of property contained within Binding Site Plan 2003-10 located at the
northwest corner of Argent Road and Road 68 petitioned to vacate undeveloped Saint
Fran Court located in said Binding Site Plan.
B. The City Council set June 6, 2011 as the date to consider the vacation request.
C. The hearing was continued to July 18" and then until August I" to allow time for staff
and the applicant to discuss access constraints related to the property and to allow time
for the applicant to consolidate two parcels of land.
V. DISCUSSION:
A. The petitioners purchased four parcels of land totaling 5.5 acres at the northwest corner
of Argent Road and Road 68 in 2006 with the intent of developing a neighborhood
retail/office center on the property_
B. The petitioners have requested the vacation of Saint Fran Court to assist with the
planning for the development of a commercial strip center on the property.
C. Saint Fran Court was established in 2002 when the previous owner created the parcel for
the old Heidi Haus building (now Magill's) and had plans to further divide the parcel at
3216 Road 68. Saint Fran Court was to provide access to a second lot at 3216 Road 68,
The previous owner also wanted the flexibility to possibly eliminate the access easement
along the south side of the parcel at 3216 Road 68. Saint Fran Court would provide an
alternate means of access to an adjoining parcel (3218 Road 68) if this easement were to
be eliminated.
D. Following a meeting between staff and the applicant in early July the applicant agreed to
consolidate two parcels of land to avoid the possibility of land locking a parcel in the
event Saint Fran Court was vacated.
E. The applicant has completed the consolidation process.
F. The proposed vacation has been reviewed by the Engineering Office and utility providers
and as a result the PUD has requested the retention of a 10-foot easement along the
western edge of the vacated right-of-way.
7(a)
Item: Street Vacation - St. Fran Court
Vic,n,ty
Applicant: I Earp '
Map
File 2011 -003
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Vacated
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 COLTRT
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 to the 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 A. This ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSFI) by the City Council of'the City of Pasco, this lst day of August 1, 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
1 Applicant: Gary Earp rt
File #: VAC 2011 -003
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ARGENT RD
AGENDA REPORT
FOR: City Counci July 26, 2011
TO: Gary CrutchfiL. Manager Regular Mtg.: 811/11
FROM: Stan Strebel, Deputy City Manage " .{
SUBJECT: Municipal Code Amendments on Gross Misdemeanors
I. REFERENCE(S):
I. Draft Ordinance
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
8/1: MOTION: 1 move to adopt Ordinance No. , amending sections of the Pasco
Municipal Code redefining the maximum incarceration for gross
misdemeanors and, further, authorize publication by summary only"
Ill. FISCAL IMPACT:
N/A
IV. IIISTORY AND FACTS BRIEF:
A) The 2011 State Legislature passed SSB 5168 which reduces the maximurn period of
incarceration., for a person convicted of a gross misdemeanor, frorn one year to 364
days.
B) In order to be consistent with the new law, which is effective July 22, staff has
identified all PMC references to gross misdemeanors which must be revised. The
attached draft ordinance will amend the municipal code to limit any incarceration
penalty for these offenses to a term not to exceed 364 days, as required by statute.
V. DISCUSSION:
A) Staff recommends adoption of the ordinance.
B) At the meeting of July 25, Council requested that the Ordinance Sections be
identified with the specific nature of violation which is defined as a gross
misdemeanor under law and how/if the penalties may be effected. The two
following lists relate to each respective section in the Ordinance:
1) in the following sections, the only change is substituting "364 days" for "1 year"
regarding incarceration penalties.
• Section 1 — PMC 1.01.130— General Provisions
• Section 3 — PMC 5.27.270— Adult Entertainment Business Licenses
• Section 4 — PMC 5.45.200— For Hire Vehicles
• Section 5— PMC 5.46.060— Private Detective and Security Business Licenses
• Section 6— PMC 5.70.050 — Massage Business Licenses
• Section 8 — PMC 9.01.090— Peace, Safety Morals
• Section 9 — PMC 9.02.020— Failure to Appear in Court
2) In the following four sections, due to the varied wording on penalties, staff suggests
as follows:
■ Section 2 — PMC 1.08.040— Fraudulent Voter Registration
o Current —fine not more than $300 or incarceration not more than 90 days,
or both
8(a)
o Proposed — not specified — (gross misdemeanor cannot exceed $5,000
fine or 364 days incarceration, or both)
• Section 7 — PMC 5.78.030— Rental Business License
• Current — fine not more than $5,000 or incarceration not more than 6
months, or both
• Proposed — not specified — (gross misdemeanor cannot exceed $5,000
fine or 364 days incarceration, or both)
• Section 10— PMC 9.85.040 — Graffiti Nuisance
o Current— I" offense not more than $250
2nd offense not more than $500
Subsequent offenses, not more than $1,000 or incarceration
not more than 60 days, or both
o Proposed — fines — same as current; incarceration — not specified (cannot
exceed 364 days)
• Section 11 — PMC 26.04.120 — Subdivision Regulations
o Current — fine not less than S100 or more than $300 or incarceration not
more than 90 days, or both
o Proposed — fines — same as current; incarceration — not to exceed 364
days
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, amending
Sections 1,01.130 "Violations - Penalty"; 1.08.040 "Fraudulent Registration
of Unqualified Persons"; 5.27.270 "Penalty"; 5.45.200 "Penalty"; 5.46.060
"Violations and Penalties; 5,70.050 "Violation and Penalty"; 5.78.030
"Violations"; 9.01.090 "Gross Misdemeanor - Penalty"; 9.02.020 "Penalty";
9.85.040 "Penalties"; and 26.04.120 "Enforcement" Redefining the
vlaximum Incarceration for Gross Misdemeanors
WHEREAS, the Washington legislature by Substitute Senate Bill 5168, recognized that
a maximum sentence by a Court in the State of Washington for gross misdemeanors can, under
Federal law, result in the automatic deportation of a person who has lawfully immigrated to the
United States; is a victim of domestic violence, or a political refugee, even when all or a portion
of the sentence or confinement is suspended; and
WHEREAS, the legislature further has found that under the present definition of"gross
misdemeanor", there is a disproportionate outcome, when compared to a person who has been
convicted of certain felonies, which under the State's determinate sentencing law, must be
sentenced to less than one (l) year. As a result, an inequity exists which may be cured by
reducing;the maximum sentence for gross misdemeanors by one (1) day; and
WHEREAS, such legislation has amended RCW 3.50.440 by which the Municipal
Courts are empowered to provide punishment for gross misdemeanor violations including
imprisonment for a maximum of 364 days, and requires amendment of the City's code to be
consistent with this change in the law; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 1.01.130 entitled "Violations — Penalty" of' the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
1.01.130 VIOLATIONS - - PENALTY. It is unlawful for any person to violate any
provision or to fail to comply with any of the requirements of this code. Any person violating
any of the provisions or failing to comply with any of the mandatory requirements of this code,
except for traffic infractions under the Washington Model Traffic Ordinance as adopted by the
City of Pasco and for such violations specifically noted in this code as a `civil infraction", shall
upon conviction of a gross misdemeanor, be punished by a fine of not more than Five Thousand
Dollars ($5,000.00), or by imprisonment for a period of not more than ene (mar three
hundred and sixty-four (364) days, or by both such fine and imprisonment or upon conviction of
a misdemeanor, be punished by a fine of not more than One Thousand Dollars ($1,000,00), or by
imprisonment for a period of not more than ninety (90) days, or by both such fine and
imprisonment. Each such person is guilty of a separate offense for each and every day during
any portion of which any violation of any provision of this code is committed, continued, or
permitted by such person and shall be punished accordingly, in addition to the penalties herein
above provided, any condition caused or permitted to exist in violation of the provisions of this
code shall be deemed a public nuisance and may be, by this City, summarily abated as such, and
each day that such condition continues shall be regarded as a new and separate offense, (Ord.
3481 Sec. 1, 2001; Ord, 2743 Sec. 1, 1989; Ord. 2593 Sec, 1, 4-7-86; Ord. 2549 Sec. 6, 1985;
Ord, 2391 Sec. 1, 1982; Ord. 1438 Sec. 13, 1970.)
Section 2. That Section 1,08.040 entitled "Fraudulent Registration of Unqualified
Persons" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
1.08.040 FRAUDULENT REGISTRATION OF UNQUALIFIED PERSONS.
Every deputy registrar who fraudulently registers an unqualified person is guilty of a gross
misdemeanor—and upon--cu-n5;motion
h 1 1 liars of by-imprisonniefk�- kl:i - 1
by both -;u.Eh fine and t. (Prior code Sec, 1-2,16)
Section 3. That Section 5.27.270 entitled "Penalties" of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
5.27.270 PENALTIES.
A) Any violation of'this chapter shall be a gross misdemeanor, and shall be subject to
a fine not to exceed Five Thousand Dollars ($5,000), or to imprisonment for a term not to exceed
one (1) three hundred and sixty-four (364) dam, or both such fine and imprisonment. Each
day or portion thereof such violation continues or occurs shall be considered an additional and
separate offense.
B) Any person violating any of the provisions of this chapter shall also be subject to
license suspension or revocation as set forth herein. (Ord. 3262 Sec. 3, 1997.)
Section 4. That Section 5.45.200 entitled "Penalty" of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
5.45.200 PENALTY. Any Operator; Driver, or passenger violating or failing to
comply with any of the provisions of this chapter shall be guilty of a gross misdemeanor and
shall be punishable by a fine not to exceed five thousand dollars ($5,000), or by imprisonment
for not more than one (1) yeas three hundred and sixty-four (364) days, or by both such tine and
imprisonment. (Ord. 3335 Sec. 2, 1998.)
Section 5. That Section 5.46.060 entitled "Violations and Penalties" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
5.46.060 VIOLATIONS AND PENALTIES. Every person, whether acting as an
individual owner, employee of the owner, operator or employee of the operator, or whether
acting as a mere agent or independent contractor for the owner, employee or operator, or acting
as a participant or worker in any way directly or indirectly, who acts in violation of any of the
provisions of this chapter shall be guilty of a gross misdemeanor and upon conviction, such
Ordinance Redefining the Maximum
Incarceration for Gross Misdemeanors- 2
person shall be punished by a fine not to exceed $5,000 or by imprisonment for a period not to
exceed ene yew three hundred and sixty-four (364) days, or by both such fine and imprisonment.
(Ord. 2841 Sec, 1, 1991.)
Section 6. That Section 5.70.050 entitled "Violation and Penalty" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
5.70.050 VIOLATION AND PENALTY. Every person, except those persons who
are specifically exempted by this chapter, whether acting as in individual owner, employee of the
owner, operator or employee of the operator, or whether acting as a mere agent or independent
contractor for the owner, or acting as a participant or worker in any way directly or indirectly
who gives massages or operates a massage business, or any of the services defined in this
chapter, without first obtaining a license or permit and paying a fee to do so as required by this
chapter, or violates any provisions of this chapter, shall be guilty of a gross misdemeanor and
upon conviction, such person shall be punished by a fine not to exceed $5,000 or imprisonment
for a period not to exceed one ear three hundred and sixty-four (364) dam, or by both such fine
and irnprisorunent. (Ord. 2840 Sec. 1, 1991.)
Section 7. That Section 5.78.030 entitled "Violations" of the Pasco Municipal Code
shall be and hereby, is amended and shall read as follows;
5.78.030 VIOLATIONS.
A) Any person violating any of the provisions or railing to comply with any of the
requirements of this chapter, shall upon a finding that the act or omission had been committed,
be punished by a fine of not more than $500 dollars and shall be guilty of a code infraction.
Each such person is guilty of separate code infraction for each and every day during any portion
of which any violation of any provision of this chapter is committed, continued, or permitted by
such person and shall be punished as aforestated,
I3) Any person who knowingly submits or assists in the submission of a falsified
certificate of inspection, or knowingly submits falsified information upon which a certificate of
inspection is issued, shall, in addition to the penalties provided in subsection (A) above, be guilty
of a gross misdemeanor a hall be•pidmished r &4" -e ih ai $5,000 i;n" °•� nr ,3y
Mx i.,A+n11ri6nl-1 r•
e, eh :iep,fflte afa,,s for each and every day during any portion of which any violation of this
subsection shall be committed.
C) In addition to the penalties provided above, any violation of this chapter may
result in the revocation of the business licenses provided in this title. Any violation of this
chapter including the determination by the City after an inspection of the dwelling unit, that a
condition exists which substantially endangers or impairs the health or safety of a tenant may, in
addition to the penalties provided above, result in the issuance of a notice of civil violation by
subject to the penalties as imposed under the provisions of this code. (Ord. 3231 Sec. 2, 1997.)
ordinance Redefining the Maximum
Incarceration for Gross Misdemeanors- 3
Section 8. That Section 9.01.090 entitled "Gross Misdemeanor - - Penalty" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
9.01.090 GROSS MISDEMEANOR - - PENALTY. Every person convicted of a
gross misdemeanor defined in this code shall be punished by imprisonment in the county jail for
a maximum term fixed by the court, of not more than eae ye three hundred and sixty-four
(36( 4) dates, or by a fine in an amount fixed by the court, of not more than Five Thousand Dollars
($5,000.00), or by both such imprisonment and fine. (Ord. 3482 Sec. 1, 2001)
Section 9. That Section 9.02.020 entitled "Penalty" of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
9.02.020 PENALTY. The penalty for willful failure to appear shall be a fine of not
more than Five Thousand Dollars ($5,000.00) or imprisonment for not more than eneea three
hundred sixty-four (364) da s, or both. The penalty imposed under this Section shall not exceed
the maximum penalty for the original crime charged or, if there has been no charge, the offense
for which the person was arrested. (Ord. 2592 Sec, 1, 3-7-86.)
Section 10. That Section 9.85.040 entitled "Penalties" of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
(1) Fines and Imprisonment. Any person violating this Ordinance shall be guilty of a
gross misdemeanor and punished by a fine of$250 dollars for the first offense; $500 des for
the second offense; and $1,000 del}ar-s for each subsequent offense, or by imprisonment in the
City -of by (K-fime and impyisenment at the digere(K-`me i`►r
the esuF4,
(2) Restitution. In addition to any punislunent specified in this section, the court shall
order any violator to make restitution to the victim for damages or loss caused directly or
indirectly by the violator's offense in the amount or manner determined by the court.
(3) Community Service. In lieu of, or as part of, the penalties specified in paragraph
one of this section, a minor or adult may be required to perform community service as described
by the court based on the following minimum requirements:
(a) The offender shall perform at least 50 hours of community service.
(b) The entire period of conunuiuty service shall be performed under the
supervision of a community service provider approved by the Courts.
(c) Reasonable efforts shall be made to assign the offender to a type of
community service that is reasonably expected to have the most rehabilitative effect on
the offender; including community service that involves graffiti removal. (Ord. 3370
Sec, 2, 1999.)
Ordinance Redefining the Maximum
Incarceration for Gross Misdemeanors -4
Section 11. That Section 26.04.120 entitled "Enforcement" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
26.04.120 ENFORCEMENT. Any person violating the provisions of this title is
guilty of a gross misdemeanor and shall be subject to a fine of not less than n„° °•" `�`' ' ' }
dellars $100 or more than thre _ $300 or to imprisonment not cxceeding
ninety (90) three hundred and sixty-four (364) days or both. The City Attorney shall commence
an action to enjoin further violations or attempted violations and to compel compliance with this
title. (Ord. 3398 Sec. 2, 1999.)
Section 12. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of , 2011 ,
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Ordinance Redefining the Maximum
Incarceration For Gross Misdemeanors-5
AGENDA REPORT
FOR: City Council July 19, 2011
TO: Gary Crutchfield, anager Workshop Mtg.: 7/25/11
Regular Mtg.: 8/1/1 1
FROM: Stan Strebel, De y Manager
SUBJECT: Municipal Code Amendments for Vehicle Impounds
1. REFERENCE(S):
Draft Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/25: Discussion
8/1: MOTION: I move to adopt Ordinance No, , amending Title 10 of
the Pasco Municipal Code regarding impoundment of vehicles and,
further, authorize publication by summary only,
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) The 2011 State Legislature passed legislation known as "Hailey's Law" which
requires the mandatory impound of vehicles of those who are arrested for driving
under the influence of alcohol and for having physical control of a vehicle while
under the influence of alcohol or drugs.
B) Staff has prepared the attached draft Ordinance which amends PMC 10.18.010 to
be consistent with the new Iaw and creates a new Section 10.18,015 on
"Mandatory Impound" requirements.
V. DISCUSSION:
A) Staffrecommends adoption of the ordinance.
8(b)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, amending
Section 10.18.010 "Authority to Impound Vehicles"; and creating a new
Section 10.18.015 "Mandatory Impound" providing for mandatory impound
upon arrest for driving while under the influence (RCVS' 46.61.502) and
physical control of a vehicle under the influence (RCW 46.61.504)
WHEREAS, the Washington State legislature has by the adoption of "Hailey's Law"
required the mandatory impound of vehicles to those who are arrested for driving under the
influence of alcohol (RCW 46.61.502), and having physical control of a vehicle while under the
influence of alcohol or drugs (RCW 46.61.504); and
WHEREAS, it is necessary to bring the Pasco Municipal Code in compliance with these
changes in the State law; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 10.18.010 entitled "Authority to Impound Vehicles" of the
Pasco 1Vlunicipal Code shall be and hereby is amended and shall read as follows:
10.18.010 AUTHORITY TO IMPOUND VEHICLES.
(A) Grant of authority. City law enforcement officers are hereby authorized and
empowered to remove, tow and impound a vehicle from a public street, highway or right-of-way
to a designated vehicle impound facility including the business location of a registered tow truck
operator under the circumstances hereinafter enumerated.
{]) Whenever a driver of a vehicle is arrested in violation of 1 £W 46.6i.5Q
iii RCW 46.20.342 (Driving While License Invalidated); or RCW 46.20.345
(Operation Under Other License or Permit While License Suspended or Revoked) such
vehicle is subject to summary impoundment pursuant to the terms of this Chapter at the
direction of a law enforcement officer.
(2) In addition, a law enforcement officer may take custody of-'a vehicle, at his
or her discretion after consideration of reasonable alternatives, and provide for its prompt
removal to a place of safety or designated vehicle impound facility under any of the
following circumstances;
(a) Whenever a law enforcement officer finds a vehicle standing upon
the roadway in violation of any of the provisions of RCW' 46.61.570 (Stopping,
Standing, or Parking Prohibited in Specified Places), the officer may provide for
the removal of the vehicle or require the driver or other person in charge of the
vehicle to move the vehicle to a position off the roadway;
(b) Whenever a law enforcement officer finds a vehicle unattended
upon a public street, highway or right-of-way where the vehicle constitutes an
obstruction to traffic or jeopardizes public safety;
(c) Whenever a law enforcement officer finds an unattended vehicle at
the scene of an accident or when the driver of a vehicle involved in an accident is
physically or mentally incapable of deciding upon steps to be taken to protect his
or her property;
(d) Whenever the driver of a vehicle is arrested and taken into custody
by a law enforcement officer;
(e) Whenever a law enforcement officer discovers a vehicle that the
officer determines to be a stolen vehicle;
(f) Whenever a vehicle without a special license plate, plaque, or
decal indicating that the vehicle is being used to transfer a person with disabilities
under RCW 46,16.381 is parked in a stall or space clearly and conspicuously
marked under RCW 46.61,581 which space is provided on private property
without charge or on the public property;
(g) Upon determining that a person is operating a motor vehicle
without a valid and, if required, specially endorsed driver's license in violation of
RCPT 46.20.005, or with a license that has been expired for ninety, (90) days or
more;
(h) Whenever a vehicle is illegally occupying a restricted parking zone
including, but not limited to, truck or commercial loading zone; bus or taxi
loading zone, posted street construction or maintenance, or other similar zone,
where, by order of the Director of Public Works, Chief of Police or Fire Chief, of
or their designees, parking is limited to designated classes of vehicles or is
prohibited during certain hours, on designated days or at all times, if the zone has
been established with signage restricting parking for at least twenty-four (24)
hours giving notice to the public that a vehicle will be removed if illegally parked
in the zone, and where the vehicle is interfering with the proper and intended use
of the zone, Signage must give mice iq the oubki!�,.tth�t a vehicle will be removed
if ille}aliv pparked in that zone_.
(i) Whenever the driver of a vehicle is arrested for violation of RCW
46.61.503 (Driver Under Twenty-One Consuming Alcohol);
M When a vehicle with an expired registration of more than forte
(45) days is parked on a public street.
Ordinance Arncnding Section 10,18,010
and Creating Section 10,18.015 -2
Nothing in this section may derogate from the powers of a law enforcement
officer under the Revised Code of Washington, including but not limited to RCW
46,55.080, RCW 46.55.085, RCW 46,55.113 or RCW 9A.88.140, any other section of
the Pasco Municipal Code, or the common law,
(3) When an arrest is made for violation of RCW 46,20.342 (DWLS), if the
vehicle is a commercial vehicle or farm transport vehicle and the driver of the vehicle is
not the owner of the vehicle, before summary impoundment directed under subsection (1)
of this section, the law enforcement officer shall attempt in a reasonable and timely
manner to contact the owner of the vehicle and may release the vehicle to the owner if the
owner is reasonably available, as long as the owner was not in the vehicle at the time of
the stop and arrest and the owner has not received a prior release under this subsection or
RCW 46.55.120 (1)(a)(li). Farm transport vehicle means a motor vehicle owned by a
farmer and that is being actively used in the transportation of the farmer's or another
farmer's farm orchard, aquatic farm or dal roducts. including livestock and plant or
animal wastes from ooint of yroduction to market or disposal, or suRplies or
commodities to be used on the farm, orchard. aquatic farm, or dairy, and that has a gross
vehicle weight rating of 7,258 kilograms (16,001 pounds) or more.
(B) Notice to Owner of Liability for Costs and Fees. When any vehicle is removed,
towed or impounded pursuant to this chapter the owner of the vehicle shall pay the towing and
storage costs against the said vehicle, as well as any costs and fees assessed pursuant to this
chapter, before said vehicle is released. Notice of impound required by RCW 46,55.1 10 shall be
given by the to4v truck operator.
(C) Tow Truck Operator, The City shall appoint by competitive bid, contract,
rotational call agreement, or any combination of these methods, one or more properly licensed
tow truck operator registered with the State of Washington to provide such services. The Police
Department shall arrange for towing and storage of the impounded vehicle through a properly
licensed tow truck operator registered with the State of Washington and contracted with the City
of Pasco. It is required that the tow truck operators who contract with the City have a City
business license. A copy of the Towing Contractors current towing and storage rates shall be on
file with the Chief of Police and the Administrator of Pasco Municipal Court. An appointment
may be rescinded by the City upon evidence that the appointed tow truck operator is not
complying with the laws or rules relating to removal and storage of vehicles or this chapter. The
rates for towing and storage shall be imposed in accordance with the rate schedules on file with
the Chief of Police and the Administrator for Pasco Municipal Court,
(D) Costs. Any costs incurred in the removal of an impounded vehicle shall be paid
by the owner of the vehicle so removed, and the same shall be a lien upon such vehicle (Ord.
3796, 2006; Ord. 3405 See.1, 2000; Ord, 3341 Sec. 1, 1998,)
Section 2. That a new Section 10.18.015 entitled "Mandatory Impound" of the Pasco
Municipal Code shall be and hereby is created and shall read as follows:
Ordinance Amending Section 10,18.010
and Creating Section 10,18.015 -3
10.18,015 MANDATORY IMPOUND.
(A) When a driver of the vehicle is arrested for a violation of RCW 46.61.502
(Driving Under the Influence) or RCW 46.61,504 (Physical Control of Vehicle Under the
Influence) as adopted by reference in PMC 10.05.010, the vehicle is subject to summary
impound and except for a commercial or a farm transportation vehicle under subsection (E) of
this section, the vehicle must be impounded. With the exception of the 12-hour hold as provided
in subsection (C) below, procedures for notice, redemption, storage, auction, and sale shall
remain the same as fnr other impounded vehicles under this chapter.
(B) If the police officer directing that a vehicle be impounded under this section has:
(1) Waited thirty minutes after the police officer contacted the police
dispatcher requesting a registered tow truck operator and the tow truck responding has
not arrived, or
(2) if the police officer is presented with exigent circumstances such as being
called to another incident or due to limited available resources being required to return to
patrol, the police officer may place the completed impound order and inventory inside the
vehicle and secure the vehicle b), closing the windows and locking the doors before
leaving. Neither the City nor the police officer shall be liable for any damages to or theft
of the vehicle or its contents that occur between the time the officer leaves and the time
that the registered tow truck operator takes custody of the vehicle, or for the actions of
any person who takes or removes the vehicle before the registered tow truck operator
arrivc_s upon securing the vehicle as provided above,
(C) When a driver of a vehicle is arrested for a violation of RCW 46.61.502 (Driving
Under the Influence) or RCW 46.61,504 (Physical Control of Vehicle Under the Influence), and
the driver is the registered owner of the vehicle, the impounded vehicle may not be redeemed
within a 12-hour period following the time the impounded vehicle arrives at the registered
truck operator's storage facility as noted in the registered tow truck operator's master log,-unless
there are two or more registered owners of the vehicle or there is a legal owner of the vehicle that
is not the driver of the vehicle. either whom may redeem the impounded vehicle after it arrives at
the registered tow truck operator's storage facility as noted in the registered tow truck operator's
master log. The driver of such vehicle shall be notified that the impounded vehicle may not be
redeemed within a 12-hour period following the time the impounded vehicle arrives at the
registered tow truck operator's stora..e facility unless there are two or more registered owners or
there is a legal owner who is not the driver of the vehicle. The police officer shall notify the
driver that the impounded vehicle may be redeemed by either a registered owner or legal owner.
who is not the driver of the vehicle after the impounded vehicle arrives at the registered tow
truck operator's storage facilily.
(D) When a driver of a vehicle is arrested for violation of RCW 46.61.502 (Driving
Under the Influence) or RCW 46.61.504 (Physical Control of Vehicle Under the Influence) and
the driver is not a registered owner of the vehicle, the impounded vehicle may be redeemed by a
registered owner or legal owner, who is not the driver of the vehicle, after the impounded vehicle
Ordinance Amending Section 10.18.010
and Creating Section 10,18.015 -4
arrives at the registered tow truck operator's storage facility as noted in the registered tow truck
operator's master log. The police officer directing the impound shall notify the driver that the
impounded vehicle may be redeemed by a registered owner or lexal owner who is not the driver
of the vehicle, after the impounded vehicle arrives at the registered tow truck operator's storage
facility.
(E) If the vehicle is a commercial vehicle or farm transport vehicle and the driver of
the vehicle is not the owner of the vehicle, before the summary impoundment directed under
subsection {A) of this section, the police officer shall attempt in a reasonable and timely manner
to contact the owner of the vehicle and may release the vehicle to the owner if the owner is
reasonably available, as long as the owner is not in the vehicle at the time of the stop and arrest,
P') The registered tow truck operator shall notify the Pasco Police Department when
the vehicle arrives at the registered tow truck operator's stora e facility and has been entered into
the master log startine the 12-hour period.
Section 3. This Ordinance shall take full force and effect five (5) days after its approval,
passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of , 2011.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debbie L. Clark, City Clerk Leland B, Kerr,City Attorney
Ordinance Amending Section 10.18.010
and Creating Section 10.18.01 S -5
AGENDA REPORT
FOR: City Council July 20, 2011
TO: Gary Crutch Manager Workshop Mtg.: 7/25/11
�- o - Regular Mtg.: 811/11
FROM: Stan Strebel, De"puty :i anager
SUBJECT: Code Enforcement Board Authority
1. REFERENCE(S):
1. Draft Ordinance
II. ACTION REQUESTED OF COUNCIL !STAFF RECOMMENDATIONS:
7/25: Discussion
8/1: MOTION: I move to adopt Ordinance No. amending Pasco Municipal
Code Section 1 1.02.010, regarding applicability of procedures for
"Civil Infractions," to include violations of Title 13, "Water and
Sewers" and, further, authorize publication by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) The City Code Enforcement Board has, for some time, taken jurisdiction of civil
infractions regarding the City's water and sewer system under the assumption that
jurisdiction is established through the building code as found in Title 16.
Experience suggests that some of the areas fall outside of the building code (i.e.,
backflow prevention devices) and are more appropriately regulated under Title
13, Water and Sewer,
B) As the Code Enforcement Board is experienced in dealing with the typical Title
13 violations, staff proposes that Code Board authority be amended to clearly
include the title.
V. DISCUSSION:
A) The attached ordinance will give proper authority and staff recommends its
adoption.
8{C}
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, amending Pasco
Municipal Code Section 11.02.010, regarding applicability of procedures for
"Civil Infractions" to include violations of Title 13, "Water and Sewers."
WHEREAS, the City Council has determined the Code Enforcement Board requires the
authority to hear cases involving infractions of water and sewer ordinances; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section entitled "Applicability of Chapter" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows;
11.02.010 APPLICABILITY OF CHAPTER.
The provisions of this chapter shall apply to enforcement of Title 5 (excluding Chapters
5.12 - Pawnbrokers and Second-Hand Dealers and 5.46 - Private Detective Agencies,
Private Detectives, Private Security Guards, and Private Security Companies), Title 6 -
Health and Sanitation, Title 12 - Streets and Sidewalks, Title 13 - Water and Sewers,
Title 16 - Building Code, Title 17 - Sign Code, Title 18 - Fire Prevention, Title 19 -
Mobile Homes, Title 25 - Zoning, and Chapters 8.02 (excepting Sections 8.02.130,
8.02.170 and 8.02.320 — Animal Control), 9.60 - Public Nuisances, 9.61 - Noise
Regulation, and 9.62 - Abandoned Vehicles and Vehicle Hulks. (Ord. 3534 Sec. 2, 2002;
Ord. 3190 Sec. 1, 1996.)
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of , 2011.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debbie L. Clark, City Clerk Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Council � July 28, 20I 1
TO: Gary Crutchfi ty Manager Regular Mtg.: 8/1/11
Rick White,
Community & Economic Development Director
FROM: Shane O'Neill, Planner I
SUBJECT: SPECIAL PERMIT (MFA SP 2011-007): Location of a Parking Lot in an R-3
(Medium Densitv Residential) Zone (424 & 428 West Shoshone Street)
(North-vest Agricultural Products Inch
1. REFERENCE(S):
1. Vicinity Map
2. Proposed Resolution
3. Report to Planning Commission
4, Planning Commission Minutes: Dated 6/16/11 & 7/21/11
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
8/1: MOTION: l move to approve Resolution No. , approving a
Special Permit for the location of a parking lot at 424 & 428
West Shoshone Street,
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On June 16, 2011 the Planning Commission conducted a public hearing to determine
whether or not to recommend a Special Permit be granted for the location of a parking
tot at 424 and 428 West Shoshone Street.
B. Following conduct of the public hearing, the Planning Commission reasoned that with
conditions, it would be appropriate to recommend approval of a Special Permit for the
parking lot.
C. The recommended conditions are contained in the attached Resolution.
D. No written appeal of the Planning Commission's recommendation has been received.
8(d)
.rM t ii I.
w
• { ,. r t" � - is / �
Vicinity Item: Parking Lot in R-3 Zone
Map Applicant: Northwest Agriculture N
File SP2011 -007
da
V �
Reference 2 - Proposed Resolution
RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S
RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR A PARKING
LOT AT 424 & 428 WEST SHOSHONE S'T'REET
WHEREAS, Northwest Agriculture Products, Inc., submitted an application for
the location of a parking lot at 424 & 428 West Shoshone Street (Tax Parcels 112-052-
207 & 112-052-216); and,
WHEREAS, the Planning Com nission held a public hearing on June 16, 2011 to
review the proposed parking lot; and,
WHEREAS, following deliberations on July 21, 2011 the Planning Commission
recommended approval of a Special Permit for the parking lot with certain conditions;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
1.. That a Special Permit is hereby granted to Northwest Agriculture
Products, Inc. for the location of a parking lot in an R-; (Medium Density
Residential) District under Master File # SP201 l-007 with the following
conditions:
a) The Special Permit shall apply to Tax Parcel 112-052-207
b) The applicant shall install a solid six (6) foot tall fence along the east
property line beginning twenty (20) feet inside of the property line
fronting West Shoshone Street and extending to the alley;
c) The applicant shall install a solid six (6) foot tall fence along the alley
to the south of the parking lot;
d) The applicant shall install a solid three and one half (3.5) foot tall
fence along the first twenty (20) feet of the east property line
beginning at the property line fronting West Shoshone Street;
e) A six (6) foot wide landscaping buffer containing a minimum of sixty
percent live vegetation shall be installed along the entire length of the
east property line. The landscaped buffer area shall include an
automated irrigation system;
f) A minimum of 18 shrubs and 6 trees shall be planted in the landscaped
buffer along the east side of the property;
g) No lava rock will be permitted in the landscaped buffer along the east
side of the property or within any area that may be landscaped;
h) The planting strip as defined by PMC 12.12.025 along the frontage of
both the adjoining office building (Parcel #112-052-216) and the
expanded parking lot (Parcel #112-052-207) shall be restored to meet
the existing code (PMC 12.12.047) by the removal of all concrete and
paving and replacing the same with landscaping and an irrigation
system;
i) The driveway for the expanded parking lot shall be shared with the
existing parking area on the office building site to the west.
j) Any and all parking lot lighting shall be shielded to prevent light
encroachment on adjoining lots.
k) The pedestrian ramp at the corner of 4th Avenue and Shoshone Street
shall be removed and replaced with ramps meeting current standards,
l) The driveway entrances shall be modified to meet current ADA
requirements.
m) The parking lot must be designed to contain all stormwater drainage
on site;
n) The Special Permit shall be null and void if a City of Pasco business
license is not obtained by October 31, 2012.
Passed by the City Council of the City of Pasco this 1"day of August, 2011,
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Reference 3 - Report to the Planning Commisisn
REPORT TO PLANNING COMMISSION
MASTER FILE # SP 2011-007 APPLICANT: Northwest Agriculture
HEARING DATE: 6/ 16/2011 Products, Inc.
ACTION DATE: 7/21/2011 821 S. Chestnut Ave.
Pasco, WA 99301
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of a Parking Lot in an R-3
(Medium Density Residential( Zone
1. PROPERTY DESCRIPTION:
Legal: Lots 11 to 16, Block 7, Gerry's Addition
except the south 50' of lots 13 to 16
General Location: 424 & 428 West Shoshone Street
Property Size; 0.37 acres (two parcels)
2. ACCESS: The site has access from Shoshone Street and 41-h
Avenue.
3. UTILITIES: All municipal utilities currently serve the site.
4. LAND USE AND ZONING: The site is comprised of two parcels
zoned R-3 (Medium Density Residential) and contain an office
building on one parcel and a vacant single family residence on the
other. The zoning and land use of the surrounding properties are
as follows:
NORTH: R-3 - Multi-Family Residence
SOUTH: R-3 - Single-Family Residence
EAST: R-3 - Single-Family Residence
WEST: R-3 - Church
S. COMPREHENSIVE PLAN: The Comprehensive Plan designates
this area for mixed residential uses. Policy LU-1-B encourages
enhancement of the physical appearance of development within the
City. The proposal would replace an abandoned home on an
unmaintained lot with a parking lot containing landscaping. Policy
LU-2-D requires all development to be landscaped. Conditions of
approval contained herein require site development to include
landscaping thereby enhancing the appearance of the immediate
vicinity.
I
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the
lead agency for this project. Based on the SEPA checklist, the
adopted City Comprehensive Plan, City development regulations,
and other information, a threshold determination resulting in a
Determination of Non-Significance (DNS) has been issued for this
project under WAC 197-11-158.
ANALYSIS
The applicant is seeking a Special Permit to allow the location of an off-
site parking lot to serve an administrative office building located at the
southeast corner of Shoshone Street and 4th Avenue. The proposed
parking lot is located on a parcel located at 424 West Shoshone directly
to the east of the existing office building and associated parking lot.
The office building (former Roach Law Offices) at 428 West Shoshone was
permitted and constructed in 1979. The office building was originally
constructed with nine parking spaces. The office building was
constructed as a law office and remained as such until 2005. In
approximately 1982 the zoning regulations were modified and the office
building in question became a nonconforming use in a medium density
residential zoning district. The applicant has recently purchased the
building for a business office and is proposing to expand the existing
parking lot to the vacant property to the east. The vacant property to the
east was purchased by the original office building owner for additional
parking spaces but the parking lot was never built.
The parcel proposed for the parking lot contains a 576-square foot house
that was constructed in 1940. This house has been vacant for many
years. Windows of the house facing the alley are secured with plywood
and the house itself is currently uninhabitable. The vacant lot coupled
with the existing office parking lot wilt allow the applicant to increase
parking for the office building from 9 spaces to 21 spaces. Office uses are
required to provide a minimum of one parking stall per 300-square feet
of building area on the ground floor (main floor) and one parking space
for every 500-square feet of building area above or below the first floor.
The existing office building is required by the current code to have 31
parking stalls. The proposal will significantly improve the parking
situation but will still not meet the current standards. Overall the
parking situation would become less nonconforming.
Per PMC 25.78.020(10), off-site parking lots are considered "Unclassified
Uses" and thus require Special Permit review prior to locating anywhere
within the City. The applicant cannot expand his parking lot without
obtaining a Special Permit.
2
An example of an off-site parking lot that was permitted under PMC
25.78.020 (10) is the Lourdes Hospital parking lot at the northwest
corner of North 5t" Avenue and Nixon Street. This parking lot, which is
in an R-1 zone, was granted a Special Permit in 1994. The hospital
parking lot required the vacation of some street right-of-way, the
elimination of a small City park (Queen of Spades Park) and the
demolition of several houses.
The proposal will benefit the surrounding neighborhood in that it would
provide additional off-street parking. The homes on Shoshone Street
between 4th Avenue and 3rd Avenue do not have front yard driveways.
On-street parking for residential purposes is very limited. Adding more
off-street parking for the office building will lessen the potential conflict
between residential on-street parking and office on-street parking. The
proposal would also benefit the neighborhood by eliminating a
dilapidated old structure.
FINDINGS OF FACT
Findings of Fact must be entered from the record. The following are
initial findings drawn from the background and analysis section of the
staff report. The Planning Commission may add additional findings to
this listing as the result of factual testimony and evidence submitted
during the open record hearing.
1. The site is zoned R-3 (Medium Density Residential).
2. The applicant proposes to redevelop the site for off-street parking.
3. The Municipal Code [PMC 25.78.020(10)] requires Special Permit
review for off-site parking lots.
4. The proposed site is adjacent to an existing parking lot of the old
Roach Law Offices.
5. The Roach Law building is 5,760 square feet and was constructed in
1979. The building contains two floors.
6. The parking lot for the Roach Law building contains nine parking
stalls.
7. Under the current code the Roach Law building requires 31 parking
spaces.
8. The proposed parking lot is to be located at 424 West Shoshone
Street.
9. The proposed parking lot will provide 14 off-street parking stalls.
3
10. The combined sites will provide a total of 21 off-street parking
spaces.
11. The addition of the proposed parking lot will decrease the
nonconformity in the parking for the old Roach Law building.
12. The site currently contains an abandoned single-family residence.
13. A chain link fence separates the proposed parking lot and the
property to the east.
14. Access to the site is available from both Shoshone Street and 4th
Avenue.
15. The planting strip along Shoshone Street in front of the office
building is not in conformance with the Municipal Code.
CONCLUSIONS BASED ON INITIAL THE FINDINGS OF FACT
The Planning Commission must make Findings of Fact based upon the
criteria listed in P.M.C. 25.86.060. The criteria and staff listed findings
are as follows:
1. Will the proposed use be in accordance with the goals, policies,
objectives and text of the Comprehensive Plan?
Policy LU-1-B encourages enhancement of the physical appearance of
development within the City. The proposal would replace an abandoned
home on an unmaintained lot with a parking lot containing landscaping
and a sight screening fence. Policy LU-2-D requires all development to be
landscaped. Conditions of approval contained herein require site
landscaping thereby enhancing the appearance of the immediate vicinity.
2. Will the proposed use adversely affect public infrastructure?
The proposal may lessen congestion of a public street by providing
additional off-street parking thereby lessening the impacts on the public
street.
3. Will the proposed use be constructed, maintained and operated
to be in harmony with the existing or intended character of the
general vicinity?
The current parking lot associated with the old law office building has
existed on the site since 1979 and has not generated any complaints
from the surrounding residences. Expansion of the parking area into a
vacant lot will not alter the existing or intended character of the
neighborhood. Parking lot landscaping and screening will ameliorate
potential impacts to the adjacent residences.
4
4. Will the location and height of proposed structures and the site
design discourage the development of permitted uses on
property in the general vicinity or impair the value thereof?
An online search (May, 2011) of Franklin County Assessor's records
indicate the values of surrounding properties have increased over the
years since the office building and existing parking lot were constructed.
The sight screening fence will not be higher than surrounding residential
fences.
5. Will the operations in connection with the proposal be more
objectionable to nearby properties by reason of noise, fumes,
vibrations, dust, traffic, or flashing lights than would -be the
operation of any permitted uses within the district?
If the property were to be developed with a single family home the
neighborhood could expect an additional 10 vehicle trips per day in the
neighborhood, less than half of what the expanded parking lot would
generate. However, the expanded parking lot causes the operations of the
office building at 428 West Shoshone to be less objectionable to the
neighborhood because office parking that would compete with residential
parking of on-street spaces would be significantly diminished. Whether
the parking lot is expanded or not the neighborhood will receive traffic
from the office building. The expanded parking lot will make the office
parking less objectionable to the neighborhood.
6. Will the proposed use endanger the public health or safety if
located and developed where proposed, or in any way will
become a nuisance to uses permitted in the district?
The expanded parking lot will remove a possible nuisance to the
neighborhood by eliminating the need for on-street parking for the office
building at 428 West Shoshone. Linking approval of the proposed
parking lot with planting strip improvements along West Shoshone will
improve the streetscape appearance to the neighborhood.
APPROVAL CONDITIONS
1. The Special Permit shall apply to Tax Parcel 112052207;
2. The applicant shall install a solid six (6) foot tall fence along the
east property line beginning twenty (20) feet inside of the property
line fronting West Shoshone Street and extending to the alley;
3. The applicant shall install a solid six (6) foot tall fence along the
alley to the south of the parking lot;
4. The applicant shall install a solid three and one half (3.5) foot tall
fence along the first twenty (20) feet of the east property line
beginning at the property line fronting West Shoshone Street;
5
5. A six (6) foot wide landscaping buffer containing a minimum of
sixty percent live vegetation shall be installed along the entire
length of the east property line. The landscaped buffer area shall
include an automated irrigation system;
6. A minimum of 18 shrubs and 6 trees shall be planted in the
landscaped buffer along the east side of the property;
7. No lava rock will be permitted in the landscaped buffer along the
east side of the property or within any area that may be
landscaped;
S. The planting strip as defined by PMC 12.12.025 along the frontage
of both the adjoining office building (Parcel #112052216) and the
expanded parking lot (Parcel #112052207) shall be restored to
meet the existing code (PMC 12. 12.047) by the removal of all
concrete and paving and replacing the same with landscaping and
an irrigation system;
9. The driveway for the expanded parking lot shall be shared with the
existing parking area on the office building site to the west.
10. Any and all parking lot lighting shall be shielded to prevent light
encroachment on adjoining lots.
11. The pedestrian ramp at the corner of 4eh Ave and Shoshone Street
shall be removed and replaced with ramps meeting current
standards.
12. The driveway entrances shall be modified to meet current ADA
requirements.
13. The parking lot must be designed to contain all stormwater
drainage on site;
14. The Special Permit shall be null and void if a City of Pasco
business license is not obtained by October 31, 2012.
RECOMMENDATION
MOTION: I move to adopt Findings of Fact and Conclusions
therefrom as contained in the July 21, 2011 staff
report.
MOTION: I move based on the Findings of Fact and Conclusions
therefrom the Planning Commission recommend the
City Council grant a Special Permit to Northwest
Agriculture Products Inc for the location of a parking
lot at 424 West Shoshone with conditions as contained
in the July 21, 2011 staff report.
6
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Land Use Item: Parking Lot in R-3 Zone
Map Applicant: Northwest Agriculture x
File #: SP2011 -007
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Reference 4- Planning Commission Minutes
dated 6116111
Planning Commission Minutes
6-16-11
B. Special Permit Location of a Parking Lot in an R-3
(Medium Density Residential Zone (424
& 428 W. Shoshone Street) INorthwest
Agriculture Products, Inc.) (MF# SP2011-
007)
Chairman Cruz read the master file number and asked for comments
from staff.
Dave McDonald, City Planner, the applicant was seeking Special Permit
approval for an off premise parking lot for an existing office building
located on the corner of North 4th Avenue and Shoshone Street. Mr.
McDonald provided some historical background on the property and then
reviewed the written report for the benefit of the Planning Commission.
Recommended conditions of approval were also discussed.
Commissioner Levin asked if neighbors will be able to park in the
parking lot after hours.
Mr. McDonald stated the applicant has proposed to install gates.
Chairman Cruz opened the public hearing.
David Puckett, 2712 Road 84, operations manager for NW Agricultural
Products, explained some of the improvements NW Agricultural Products
plan for the parking lot such as stopping drainage from entering the City
street.
Chairman Cruz asked Mr. Puckett if he agreed with approval conditions.
Mr. Puckett asked if a chain link fence with inserts would be appropriate.
Mr. McDonald stated a chain link fence does not create a solid screen; a
cedar or block wall fence would.
Sam Key, 4103 1\orthlake Drive, West Richland, stated he owns
neighboring property and his concern is for the location of the dumpster
and the new asphalt causing a heat island.
Mr. McDonald stated trees would be required in the parking lot and that
hard surfacing in the planting strip along Shoshone would need to be
replaced with landscaping all which would help reduce the heat island
effect.
Mr. key stated he was concerned about noise from transients that
dumpster dive.
Mr. Puckett stated the dumpster will be the same size of a residential
size dumpster (100 gallon automated can) which will mostly contain
paper. There will be a gate along the alley and the dumpster will be
moved to the alley weekly for garbage pickup.
Monica Sanchez, 6309 Victoria Court, spoke on behalf of her sister-in-
law who resides at 420 Shoshone, next door to the parking lot. Her main
concern was for privacy, noise; landscaping, heat that would impact her
yard, and lighting spillage,
Mr. McDonald explained the east side of the lot will contain a solid six
foot fence which will provide privacy for the back yard; the first six feet of
the parking lot will be a planting strip which will contain a minimum of 6
trees and 18 shrubs. The office building business hours will be 9-5
Monday-Friday. Lighting will need to be shielded from neighboring
properties.
Chairman Cruz called for further public comment and after no response
after three calls the public hearing was closed.
Commissioner Lukins moved, seconded by Commissioner Greenaway, to
close the hearing on the hearing on the proposed lot and initiate
deliberations and schedule adoption of Findings of Fact, conclusions,
and a recommendation to the City Council for the July 21, 2011 meeting.
Reference 4 - Planning Commission Minutes
dated 7/21/11
Planning Commission Minutes
7-21-11
B. Special Permit Location of a Parking Lot in an R-3
Medium Density Residential Zone (424
& 428 W. Shoshone Street) (Northwest
Agriculture Products, Inc.I IMF#
SP2011-0071
Vice-Chairv,oman Kempf read the master file number and asked for
comments from staff.
Dave McDonald, City Planner stated staff had no further comments.
Commissioner Khan moved, seconded by Commissioner Gemig, to adopt
the Findings of Fact and Conclusions therefrom as contained in the July
21, 2011 staff report. The motion passed unanimously.
Commissioner Khan further moved, seconded by Commissioner Gemig
based on the Findings of Fact and Conclusions therefrom the Planning
Commission recommends the City Council grant a Special Permit to
Northwest Agriculture Products, Inc. for the location of a parking lot at
424 West Shoshone Street with conditions as contained in the July 21,
2011 staff report. The motion passed unanimously.
AGENDA REPORT
TO: City Council July 27, 2011
FROM: Gary Crutchfi
4
i Manager Regular Mtg.: 8/l/11
SUBJECT: County-Wide 6blic Safety Sales"Fax
I. REFERENCE(S):
1. Pasco City Council Agenda Report dated June 10, 2009
2. Joint Resolution of Pasco and Franklin County (Pasco Resolution No, 3170)
ll. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
MOTION: I move to affirm the city's intended use of the public safety sales tax
proceeds, if approved by voters, will be limited to a new police station and
municipal court as well as other public safety purposes.
MOTION: I move to fix 7:00 p.m., Monday, August 15, 2011 as the time and date to
receive testimony from citizens in favor of or opposition to the public safety
sales tax ballot measure preceding Council consideration of a resolution
expressing support for or opposition to the ballot measure,
III. FISCAL IMPACT:
See below
IV. HISTORY AND FACTS BRIEF:
A) Over the past several years, Franklin County has noted the growing need to add
jail space and renovate the existing jail. The only two plausible financing options
for such a project are; 1) excess property tax levy (voter approved); 2) public
safety sales tax (up to 3 tenths) authorized by state law and subject to voter
approval. The city and county agreed in 2009 to jointly finance a public safety
building project near the Courthouse, to include a new jail and new municipal
court room space, subject to voter approval of the sales tax option in November
2009 (please refer to reference #1, the June 2009 agenda report which explains the
project concept, financing options and the preferred course of action at that time).
B) The County recently decided to place the public safety sales tax question on the
November 2011 ballot for voter decision.
V, DISCUSSION:
A) Council should discuss the background of the public safety sales tax issue; the
potential use of funds and advise Franklin County if there is an), change in the
city's previous support and/or potential use of the proceeds of the sales tax, if
approved by the voters.
i0(a)
AGENDA REPORT
TO: City Council June 10, 2009
FROM: Gary Crutchfield, City Manager Regular Mtg.: 6/15/09
SUBJECT- Franklin County Jail Expansion
I. REFERENCE(S):
1. Conceptual Illustration of new Jail Building
2. Conceptual "Ground Level"/Jail Footprint
3. Conceptual "Upper Level" Footprint
4, Conceptual Floor Plan for Municipal Court Space
5, Pre-Design Construction Estimate
6. Criminal Justice Sales Tax Estimate (2008)
7. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
6/15: MOTION: I move to approve Resolution No. , a joint resolution with
Franklin County, regarding construction of new jail and municipal
court space acid the financing thereof.
III, FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The 25-year-old Franklin County jail requires renovation and is inadequate in size to
meet current or future jail space needs. Renovation cost is estimated at $445 million
and construction of an additional 225 beds in an expansion of the jail is estimated to cost
about $28 million. The renovation and expansion, combined, are expected to
accommodate jail space. needs in Franklin County for another 25 years(minimum).
B) Franklin County has two options for funding such a project, both subject to voter
approval: a) traditional property tax bond; or b) criminal justice sales tax. if financed via
property tax bond, the estimated debt service of $2 million annually would require an
annual extra levy of about 46 cents per thousand of assessed value; thus, the owner of a
$200,000 home would pay an additional $92 per year in property tax while a business
with $1.5 million in taxable real/personal property would pay nearly $700 per year
additional property tax. The same debt service would require a sates tax increase of 3/10
of a cent county-wide, as the county's share (60%) would approximate $1.9 million.
Given the greater flexibility associated with the sales tax option and the fact it will grow
over time (thus allowing some future problems to be addressed without additional tax
burdens), the county prefers use of the 3/10 criminal justice sales tax option and seeks the
city's opinion/support.
C) One of the city's priority needs is to make room for the overcrowded police department
and to pay for a new municipal court facility. The space cun•ently occupied by the
municipal court at the county's public safety building was constructed in the early 1970's
and paid by the city as a long-term lease; that 40-year lease terminates in 2012 and the
city has no place to conduct court thereafter. The police department has simply
outgrown its space at City Hall due to the dramatic expansion of its staff, in keeping up
with the city's population growth. A space-needs analysis and conceptual floor plan
completed last year has identified a need for a new building on the east end of the City
Mall campus to house the police department ($11 million) and possibly a new municipal
court ($3 million).
D) Estimated debt service for a police station building combined with a new municipal court
space approximates $1 million annually. If financed via property tax, an additional levy
rate of about 37 cents per thousand dollars would be required; that represents an
additional $74 per year for the owner of a $200,000 home. The city's additional property
tax levy would be in addition to the county levy, if the county chooses to use property tax
as a financing mechanism. The city's statutory share of the criminal justice sales tax
(proportionate share of incorporated population applied to 40% of the total 3/10 sales tax
annually) would approximate $1.2 million.
V. DISCUSSION:
A) Although the county is legally responsible to provide jail space for felony, crimes within
the county, the city is responsible for housing city, misdemeanants. Clearly, the best
option for the city is to contract with Franklin County to house misdemeanants at the
county jail (doing so avoids construction of a separate jail at city expense as well as
transport costs between a separate jail and municipal court); this method has the added
advantage of helping the county provide for operating costs associated with the jail
(essentially, the city pays a large share of the annual operating cost for the county jail, in
the form of daily prisoner housing cost). In essence, the city and county both benefit
from a mutual contracting, arrangement. As the county' has nearly tripled in population
since the current jail was built, expansion is clearly needed now and for future growth as
well. The question is not whether a jail expansion is necessary; the question is "how best
to finance?" such a project.
B) As evidenced during the discussion of this matter during the recent joint "city/county"
meetings, the county's jail expansion project could 'include new floor space for Pasco's
municipal court (just as the city, and county collaborated in 1970, a new long-term
agreement could be developed whereby the city would pay for new court space as part of
the jail expansion project), Thus, the county's jail project not only would provide a long-
term solution to the city and county jail space need, but would also answer the question
`'where does the city conduct municipal court?" A long-term agreement (at least in
principle) could be developed prior to the financing solution.
C) .Assuming the city is committed to including new court space in the jail expansion
project, the financing question appears easily answered. To finance both projects via
property tax would require two separate ballot issues (one county-wide for the jail; one
within the city for the municipal court space and possibly the new police station); the
effect, assuming voter approval, would be a total of 93 cents per thousand additional
property tax on city property owners (assumes jail, court and police station), or $186 per
year for a $200,000 home. On the other hand, the county-wide sales tax option would
require one ballot question, county-wide, and the result (assuming approval of the 3110
sales tax) would provide adequate funding for the jail expansion, municipal court and the
police station. In addition, the revenue stream associated with the criminal justice sales
tax (unlike the property tax) would tend to grow over time, thus absorbing growth in
operating costs over time and minimizing the need to seek increased property or sales tax
rates in the future.
D) Given the space needs of the city (new municipal court and police station), the simplicity
of the sales tax option (one, county-wide ballot), the ability of the criminal justice sales
tax to fully support all three projects; the improved opportunity to collaborate with and
mutually benefit the city and county criminal justice operations; and the reality that the
criminal justice sales tax will grow over time, staff urges Council to prefer use of the
county-wide criminal justice sales tax as the financing option for the jail expansion,
municipal court space and new police station. That recommendation, however, is
conditioned on the assumption that a satisfactory "agreement in principle" can be
established prior to formal action. To that end, staff further recommends a joint
resolution (city and county) which would spell out those principles in formal accord anti
express mutual support for the criminal justice sales tax ballot, presumably in November
this year.
l:) Following Council discussion at the May 1I workshop meeting, city and county staff
developed a joint resolution which outlines the basic rationale for a joint project
agreement and the principles to be included in that agreement. In addition,the resolution
declares the intent of the County Commission, with support of the Pasco City Council, to
place a ballot proposition before the voters on the ballot, proposing the three-tenths of
one percent sales tax addition.
F) Continuing discussion between city and county staff over the past two weeks has
identified the following language for the principles regarding the term of city occupancy
ofthe court facility to be fully paid by the City:
City will have minimum of 40 year lease of the space; county will
have periodic right to terminate after 40 years, with at least 3 years
notice and payment of depreciated value based on 80 year life of
building space and industry standards.
If City Council concurs in the revised principles, the joint resolution can be approved by
City Council at its June 15 meeting.
JOINT RESOLUTION OF THE CITY OF PASCO AND FRANKLIN COUNTY
PASCO RESOLUTION NO, Y70
FRANKLIN COUNTY RESOLUTION NO. i 1) _j 4.1
IN THE MATTER OF JOINTLY PLACING A BALLOT
PROPOSITION BEFORE THE VOTERS OF THE COUNTY IN
NOVEMBER 2009, PROPOSING AN ADDITIONAL THREE-TENTHS OF
ONE PERCENT LOCAL SALES TAX
and
.JOINTLY DEVELOPING AN AGREEMENT TO FACILITATE
CONSTRUCTION AND OCCUPANCY SPACE FOR PASCO MUNICIPAL
COURT AS PART OF THE NEW JAIL PROJECT PLANNED BY
FRANKLIN COUNTY.
WHEREAS, Franklin County is planning construction of a new 225-bed jail as well as
renovation of the jail, as both are needed to provide the capacity for housing local offenders as
the County continues to grow; and
WHEREAS, the City contracts with Franklin County for housing of City misdemeanant
offenders being adjudicated through Pasco Municipal Court, so baving adequate jail space for
pre-trial as well as post-trial confinement is critically important to the maintenance of public
safety in the Pasco community; and
WHEREAS, the City has operated its Municipal Court within space at the Franklin
County Courthouse under the terms of a 40-year lease which will expire in 2012, thus,
necessitating that the City find new space in which to conduct its Municipal Court functions; and
WHEREAS, the Franklin County Board of Commissioners and the Pasco City Council,
during recent joint meetings, discussed the probability of the City paying for new Municipal
Court space in conjunction with the County's construction of a new jail; and
WHEREAS, the Franklin County Commission and Pasco City Council, having duly
considered the efficiencies to be gained for both parties, jointly find that the citizens and
taxpayers of both jurisdictions will be greatly benefitted by the parties executing an agreement
whereby the Pasco Municipal Court functions can be housed, long-term, at the Franklin County
Courthouse, provided that the agreement is consistent with certain principles; and
WHEREAS, the cost of such a facility requires the issuance of debt by the County, the
repayment of which will require a voter-approved source of revenue; and
WHEREAS, the County Commission and the Pasco City Council have considered t1he
only two available options, an excess property tax levy or a three-tenths of one percent sales tax
increase; and
PASCO RESOLUTION NO. 1_70
FRANKLIN COUNTY RESOLUTION NO. `' U 1.19 1 41
WHEREAS, the County Commission and the Pasco City Council both find that the sales
tax option is much preferred because it provides sufficient funding for construction of both the
jail and court facilities but will also provide sufficient funds for operation of those and other
criminal justice functions throughout the County as well as the City and avoids an increase in the
existing property tax burden on owners of property throughout the County; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO AND
THE BOARD OF COMMISSIONERS OF FRANKLIN COUNTY, WASHINGTON:
Section I. The Franklin County Commission and Pasco City Council hereby agree to
develop a detailed agreement to facilitate construction and occupancy of sufficient space for
Pasco Municipal Court as part of the new jail project planned by Franklin County.
Section 2. The Franklin County Commission and Pasco City Council hereby agree that
any such agreement will be wholly consistent with the following"Principles of Agreement":
• Total floor area to be occupied solely by the City will be determined mutually but not less
than 10,000 square feet in area.
• City will pay for all construction cost attributed directly to the space mutually agreed to
house Municipal Court and its related functions.
• City will pay proportional cost of construction of"common areas" of new building
directly related to the space mutually agreed to house Municipal Court.
• City payment for construction costs will occur on the same schedule as any debt
repayment schedule incurred by County for construction debt.
■ City will have minimum of 40-year lease of the space; County will have periodic right to
terminate after 40 years,with at least three years notice and payment of depreciated value
based on 80-year life of building space and industry standards.
• City will pay proportional share of operating costs (utilities,janitorial, etc.) based on
occupied space.
The prisoner housing contract will remain substantially in its current form and content.
County will not include jail construction or renovation assts in calculating the daily fee
for city use of the jail facilities.
Section 3. The County Commission, as authorized under RCW 82.14.450 and with
support of the Pasco City Council, will place a ballot proposition before the voters of the County
during the 2009 General Election, proposing an addition of three-tenths of one percent to the
local sales tax, principally for construction and operation of a County jail and other public safety
purposes.
PASCO RESOLUTION NQ. 3110
FRANKLIN COUNTY RESOLUTION NO.�1 11241
PASCO CITY COUNCIL
PASCO, WASHINGTON
APPROVED this 1�day of June, 2009.
rz (Imj�
Jovice�Ts o Mayor
ATTEST: APPROVED AS TO FORM:
Debra Claris, City Clerk Leland B, Kerr, City Attorney
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, WASHINGTON
APPROVED this_15 day of June,2009,
Rick Miller, Chairman
ed eo�--Z�
Robert E. Koch, Chair Pro-Tern
Brad Peck, Member
ATTEST; APPROVED AS TO FORM:
r `'i O
Clerk to Board Ryan E. erhulp
Chief Civil Deputy Prosecutor