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HomeMy WebLinkAbout2012.06.04 Council Meeting PacketRegular Meeting CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance AGENDA PASCO CITY COUNCIL 7:00 p.m. June 4,2012 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated May 21, 2012. 2. Minutes of the Special Pasco City Council Meeting dated May 29, 2012. (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 $1,435,790.92 ($182,487.28 in the form of Electronic Fund Transfer Nos. 10070 and 10186; and $1,253,303.64 in the form of Wire Transfer Nos. 1201, 1203 and 1207 through 1212; and Claim Warrants numbered 187925 through 188108). 2. To approve Payroll Claims in the amount of $2,041,391.07, Voucher Nos. 43996 through 44092 and 80150 through 80159; and EFT Deposit Nos. 30051791 through 30052345. (c) Civil Service Commission Appointment: 1. Agenda Report from Gary Crutchfield, City Manager dated May 23, 2012. 2. PMC 2.33. 3. RCW 41.08.030. (d) 4. Application, Eduardo Rodriguez (Council packets only). To confirm the City Manager's appointment of Eduardo Rodriguez to the Civil Service Commission to fill Position No. 3 to expire 2/17/18. Municipal Prosecutor Agreement Renewal: 1. Agenda Report from Stan Strebel, Deputy City Manager dated May 16, 2012. 2. Proposed Agreement. To approve the Agreement for Prosecutorial Services with Bell, Brown & Rio and, further, authorize the City Manager to sign the document. (e) Pasco Boat Basin Lease Request for Proposals: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated May 22, 2012. 2. Vicinity Map. 3. Draft Request for Proposals. To authorize issuance of a Request for Proposal for the lease /operation of the Pasco Boat Basin. Q *(f) Special Permit Appeal (MF #SP2012 -007) Expanding the Capacity of a Preschool in an R -S- 20 Zone: 1. Agenda Report from Jeffrey Adams, Associate Planner dated May 29, 2012. 2. Vicinity Map. To set 7:00 pm, July 2, 2012 as the time and date for a closed record hearing to consider the appeal of the Planning Commission special permit recommendation under Master File No. SP2012 -007. (RC) MOTION: I move to approve the Consent Agenda as read. Regular Meeting 2 June 4, 2012 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," May 2012. 1. Clare Cranston and Dorothy Shaw, 907 W. Nixon 2. Manuel and Maria Espinoza, 3719 W. Sylvester Street 3. Bruce and Janie Agee, 4906 Desert Plateau Drive 4. Phil and Rae Hanna, 9903 Coronado Drive (b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco business has been invited to attend the Council meeting to receive a Certificate of Appreciation from the City Council for "Business of the Month Appearance Award" for May 2012. 1. Pasco Auto Repair, 416 N. 20 °1 Avenue 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) Medical Marijuana (MF #CA2011 -003). 1. Agenda Report from Rick White, Community & Economic Development Director dated May 29, 2012. 2. Proposed Ordinance. 3. Resolution No. 3340. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance of the City of Pasco, Washington, repealing the moratorium on medical marijuana collective gardens and amending Chapter 25.08 of the Pasco Municipal Code. MOTION: I move to adopt Ordinance , repealing Resolution No. 3340 and amending Chapter 25.08 of the Pasco Municipal Code prohibiting uses in violation of local, state and federal laws and, further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Non - Represented Cost of Living Adjustment. 1. Agenda Report from Gary Crutchfield, City Manager dated May 31, 2012. 2. Proposed Ordinance, Non - Represented, Non - Management Wage Plan. 3. Proposed Ordinance, Management Salary Plan. Ordinance No. , an Ordinance concerning wages for certain Non - Management, Non - Represented personnel beginning July 1, 2012. MOTION: I move to adopt Ordinance No. , providing a cost -of- living adjustment in the non - represented, non- management wage plan beginning July 1, 2012 and, further, authorize publication by summary only. Ordinance No. , an Ordinance concerning the salaries for Management positions beginning July 1, 2012. MOTION: I move to adopt Ordinance No. , providing a cost -of- living adjustment in the management salary plan beginning July 1, 2012 and, further, authorize publication by summary only. Regular Meeting 3 June 4, 2012 Q *(b) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a Special Permit to redevelop a school recreation field at 4115 W. Henry Street. 1. Agenda Report from Shane O'Neill, Planner I dated May 30, 2012. 2. Vicinity Map. 3. Proposed Resolution. 4. Report to Planning Commission. 5. Planning Commission Minutes dated 4/19/12 and 5/17/12. MOTION: I move to approve Resolution No. _, approving the special permit to redevelop a school recreation field at 4115 W. Henry Street as recommended by the Planning Commission. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Award 2012 Overlays, Project No. M3- OV- 3R- 12 -02: 1. Agenda Report from Mike Pawlak, City Engineer dated May 31, 2012. 2. Vicinity Map. 3. Bid Summary. (RC) MOTION: I move to award the low bid for the 2012 Overlays Project, including the Base Bid plus Alternates E, F, G, M and N, to Granite Construction, Inc., in the amount of $1,509,532.34 and, further, authorize the Mayor to sign the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File #...:. Q Quasi - Judicial Matter REMINDERS: 1. 1:30 p.m., Monday, June 4, KGH — Emergency Medical Services Board Meeting. ( COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 2. 12:00 p.m., Wednesday, June 6, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Meeting. ( COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 3. 3:00 p.m., Wednesday, June 6, FCEM Office — Franklin County Emergency Management Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER TOM LARSEN, Alt.) 4. 5:30 p.m., Thursday, June 7, P &R Classroom — Parks & Recreation Advisory Board Meeting. ( COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.) 5. 7:30 a.m., Friday, June 8, Port of Benton — Benton Franklin Council of Governments CEDS Meeting. ( COUNCILMEMBER AL YENNEY) MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 21, 2012 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Matt Watkins and Al Yenney. Excused:. Saul Martinez. Staff present: Stan Strebel, Deputy City Manager; Patrick Galloway, Acting City Attorney; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief, Bob Gear, Fire Chief and Mike Pawlak, City Engineer. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated May 7, 2012. (b) Bills and Communications: To approve General Claims in the amount of $1,095,960.98 ($220,552.73 in the form of Electronic Fund Transfer Nos. 9962, 9966, 10000, 10012, 10016, 10032 and 10054; and $875,408.25 in the form of Wire Transfer Nos. 1204, 1205 and 1206; and Claim Warrants numbered 187709 through 187924). 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 $209,813.56 and, of that amount, authorize $114,638.63 be turned over for collection. (c) Housing Authority Board Appointment: To appoint Greg Garcia to Position No. 4 on the City of Pasco and Franklin County Housing Authority Board, term to expire 1/28/15. Removed from Consent Agenda and moved to Item 10b. (d) Franklin County Homeless Housing and Assistance Interlocal Agreement: To approve the Amendment to the Interlocal Agreement with Franklin County, Connell, Mesa and Kahlotus for the purpose of administering the Washington State Homeless Housing and Assistance Act generated funds for housing programs and, further, authorize the Mayor to sign the Amendment. (e) Interagency Agreement for Summer School Services: To approve the Interagency Agreement with the Pasco School District for summer school services and, further, authorize the Mayor to sign the agreement. (f) Resolution No. 3404, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of East Clark Street. To approve Resolution No. 3404, setting 7:00 pm, Monday, June 18, 2012 as the time and date to conduct a public hearing to consider vacating a portion of East Clark Street. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 21, 2012 PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Matt Watkins presented a Proclamation to Greg Holben, Richland Rotary President, proclaiming June 3 -10, 2012 "Rotary Week." Mayor Matt Watkins presented a Proclamation to Curtis Glines, Heavy Equipment Operator/Utilities, proclaiming May 20 -26, 2012 "Public Works Week." REPORTS FROM COMMITTEES AND /OR OFFICERS: Mr. Yenney attended the Benton Franklin Council of Governments Board meeting and reported on the Hanford Area Economic Investment Fund Board meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 4056, an Ordinance of the City of Pasco, Washington amending Section 26.28.010 "Application" and Section 26.28.070 "Terms of Approval' providing for the extension of a period for Final Plat Approval. MOTION: Ms. Francik moved to adopt Ordinance No. 4056, amending PMC 26.28.010 extending the final plat approval time period from seven years to nine years and amending PMC 26.28.070 revising terms of approval of final plats and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Ordinance No. 4057, an Ordinance of the City of Pasco, Washington, approving the LightSpeed Networks, Inc., (dba LS Networks) Franchise and authorizing the Mayor to sign the Franchise Agreement. MOTION: Ms. Francik moved to adopt Ordinance No. 4057, granting a franchise to LightSpeed Networks, Inc., dba LS Networks and to authorize the Mayor to sign the franchise agreement and, further, to authorize publication of the Ordinance by summary only. Mr. Garrison seconded. Motion carried unanimously. Ordinance No. 4058, an Ordinance of the City of Pasco, Washington approving the Northwest Open Access Network Franchise and authorizing the Mayor to sign the Franchise Agreement. MOTION: Ms. Francik moved to adopt Ordinance No. 4058, granting a franchise to Northwest Open Access Network and to authorize the Mayor to sign the franchise agreement and, further, to authorize publication of the Ordinance by summary only. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: Rezone Appeal (MF #Z2012 -001) R -1 and C -1 to R -3 on N. Charles Avenue (Pasco Family Housing): MOTION: Ms. Francik moved to remand MF #Z2012 -001 to the Planning Commission to develop additional recommendations to address potential impacts of multi -story structures in proximity to Charles Avenue and to address the potential impact of the rezone on the Pasco School District. Mr. Yenney seconded. Motion carried unanimously. Housing Authority Board Appointment: MOTION: Mr. Hoffmann moved to appoint Greg Garcia to Position No. 4 on the City of Pasco and Franklin County Housing Authority Board, term to expire 1/28/15. Mr. Garrison seconded. Council and staff discussed the appointment process. MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 21, 2012 MOTION: Mr. Yenney moved to table the appointment until the May 29`h Special Meeting for further clarification from staff. Mr. Larsen seconded. Motion carried by the following Roll Call vote: Yes — Yenney, Francik, Hoffmann, Larsen. No — Watkins, Garrison. MISCELLANEOUS DISCUSSION: Mayor Watkins requested Councilmembers notify the City Manager's office of their vacation schedules. Mr. Strebel clarified that the medical marijuana issue will be on the June 4`h Agenda for a Public Hearing and consideration by Council. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:33 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 4`h day of June, 2012. MINUTES SPECIAL MEETING PASCO CITY COUNCIL MAY 29, 2012 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, Saul Martinez, Matt Watkins, Robert Hoffinann, Tom Larsen and Al Yenney. Staff present: Gary Crutchfield, City Manager; Patrick Galloway, Assistant City Attorney; Stan Strebel, Deputy City Manager; Rick White, Community & Economic Development Director; Rick Terway, Administrative & Community Services, Ahmad Qayoumi, Public Works Director and Bob Metzger, Police Chief. The meeting was opened with the Pledge of Allegiance. BUSINESS ITEM — CONTINUED DISCUSSION: Housing Authority Board Appointment: MOTION: Mr. Hoffmann moved to appoint Greg Garcia to Position No. 4 on the City of Pasco and Franklin County Housing Authority Board, term to expire 1/28/15. Mr. Garrison seconded. Mayor Watkins explained the item and motion were continued for further discussion from the May 21 st City Council meeting. Council discussion continued. Motion carried 4 — 3. No — Yenney, Martinez and Larsen. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:35 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 4th day of June, 2012. 3(a).2 CITY OF PASCO Council Meeting of: June 4, 2012 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington the undef5ii- g7iV, do hereby certify under penalty of perjury that the materials have been furnished, the rices ndered q the labor performed as described herein and that the claim is a just, due and unpaid ob gation ago st the city and that we are authorized to authenticate and certify to said claim. unyel Masan, Finance Services Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 41h day of June, 2012 that the merchandise or services hereinafter specified have been received: Check Numbers and 187925 - 188108 In The Amount Of: $1,253,303.64 Electronic Funds Transfers: 1201, 1203, 1207 -1212 Electronic Funds Transfers: 10070, 10186 (Journal Entries) Councilmember GENERALFUND Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental Library TOTAL GENERAL FUND: STREET ARTERIAL STREET STREET OVERLAY C. D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLFCOURSE In The Amount Of: $ 182,487.28 Combined total of $1,435,790.92 Councilmember SUMMARY OF CLAIMS BY FUND: SENIOR CENTER OPERATING MULTI MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMNT LODGING LITTER CONTROL REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING ECONOMIC DEV & INFRASTRUCT STADIUM /CONVENTION CENTER GENERAL CAP PROJ CONSTRUCTION WATERISEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL- REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL- REPLACEMENT BUSINESS MEDICALIDENTAL INSURANCE CENTRALSTORES PAYROLL CLEARING LID CONSTRUCTION PUBLIC FACILITIES DIST TRI CITY ANIMAL CONTROL SENIOR CENTER ASSOCIATION GRAND TOTAL ALL FUNDS: 1,891.99 2,933.21 284,982.03 8,529.11 0.00 39,157.59 5,000.00 0.00 973.22 8,167.07 1,799.53 4,478.45 57,567.54 3,500.10 1,165.28 0.00 0.00 816.68 620.00 0.00 182,487.28 0.00 43,682.57 0.00 0.00 49,905.00 91.80 $ 1,435,790.92 CITY OF PASCO Payroll Approval The City Council City of Pasco Franklin County, Washington The f win is a mmary f payroll claims against the City of Pasco for the month of May 2012 Zoo ar�p serited herewith for your review and approval. Council Meeting of June 4, 2012 Rick Terway, Administrative & Community Services Director 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. 43996 through 44092 and 80150 through 80159 and EFT deposit No's. 30051791 through 30052345 and City contributions in the aggregate amount of $2,041,391.07 are approved for payment on this 4th day of June 2012. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERALFUND. 26,995.32 Legislative $ 7,872.60 Judicial 81,471.62 Executive 65,896.61 Police 596,051.48 Fire 273,743.39 Administrative & Community Services 276,491.71 Community Development 85,621.42 Engineering 89,382.22 TOTAL GENERAL FUND 1,476,531.05 CITY STREET 26,995.32 BLOCK GRANT 5,394.25 HOME CONSORTIUM 2,226.43 NSP 155.56 MARTIN LUTHER KING CENTER 5,984.62 AMBULANCE SERVICE FUND 155,265.38 CEMETERY 12,852.46 ATHLETIC FUND 2,400.44 SENIOR CENTER 13,846.77 STADIUM OPERATIONS 0.00 MULTI -MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 0.00 WATER /SEWER 304,859.47 EQUIPMENT RENTAL - OPERATING 27,458.20 OLD FIRE PENSION FUND 7,421.12 GRAND TOTAL ALL FUNDS $ 2,041,391.07 Payroll Summary Net Payroll 928,790.02 Employee Deductions 574,768.59 Gross Payroll 1,503,558.61 City of Pasco Contributions 537,832.46 Total Payroll $ 2,041,391.07 3(b).z2. TO: City Council FROM: Gary SUBJECT: Civil Service I. II. REFERENCE(S): AGENDA REPORT Manager Appointment 1. PMC 2.33 2. RCW 41.08.030 3. Application, Eduardo Rodriguez (Council packets only) May 23, 2012 Workshop Mtg.: 5/29/12 Regular Mtg.: 6/4/12 ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 5/29: Discussion 6/4: MOTION: I move to confirm the City Manager's appointment of Eduardo Rodriguez to the Civil Service Commission to fill Position #3 to expire 2/17/18. III. FISCAL IMPACT: (none) IV. HISTORY AND FACTS BRIEF: A) State Law (RCW 41.08 and 41.12) requires the city to maintain a Civil Service Commission for its Police and Fire Departments. PMC 2.33 provides for the Pasco Civil Service Commission and appointment of its members to six -year terms. B) The Civil Service Commission is to be composed of three citizens to assure fairness and impartiality in the hiring and promotion of uniformed police and fire employees. The Commission also decides appeals of discipline administered to uniformed Police and Fire employees, when such employees elect to use the Civil Service Commission hearing process rather than the grievance arbitration process afforded in their respective bargaining contracts. In addition, the city has designated the Civil Service board members to fill the role of a personnel board to consider certain appeals of workplace issues relating to non - uniformed employees who are not otherwise covered by a collective bargaining agreement. V. DISCUSSION: A) Teri Cox has served on the Civil Service Commission for 11 years but has elected not to request reappointment. In searching for a replacement, staff sought an individual with experience in managing people in the workplace and the ability to make fair and impartial decisions based on the facts surrounding an issue. Mr. Eduardo Rodriguez has worked for CBC over the past decade and has resided in Pasco for 14 years. Ms. Cox recommends Mr. Rodriguez for the position and the City Manager's interview of Mr. Rodriguez indicated that he possesses the characteristics necessary to perform the duties of the position. In addition, Mr. Rodriguez will maintain the ethnic diversity established by previous appointments. B) Although appointments to the Civil Service Commission are made by the City Manager, PMC 2.33 provides for "...consent of the City Council." The individuals named in the proposed motions have been selected for appointment after thorough consideration and the consent of the City Council is hereby requested (in the form of the proposed motion). 3(c) CHAPTER 2.33 CIVIL SERVICE COMMISSION & PERSONNEL BOARD Sections: 2.33.010 CREATED - PURPOSE .................................... ............................... 27 2.33.020 MEMBERSHIP ................................................. .............................27 2.33.030 CIVIL SERVICE RULES ................................... ............................... 27 2.33.040 POWERS AND DUTIES OF PERSONNEL BOARD ............................... 27 2.33.050 FIRE CHIEF EXCEPTED .................................. ............................... 27 2.33.060 POLICE CHIEF EXCEPTED .............................. ............................... 27 2.33.010 CREATED - PURPOSE. There is created pursuant to RCW 41.08 and RCW 41.12 a Civil Service Commission for the Fire Department and Police Department, and a Personnel Board for all employees of the City. (Ord. 3266 Sec. 5, 1997.) 2.33.020 MEMBERSHIP. Residents of the City of Pasco being citizens of the United States will be eligible for appointment. The City Manager will make all appointments to the commission with consent of the City Council, following rules established in RCW 41.08 and RCW 41.12. Members of the Civil Service Commission will also serve as members of the Personnel Board. (Ord. 3266 Sec. 5, 1997.) 2.33.030 CIVIL SERVICE RULES. The Commission shall adopt rules as provided for in RCW 41.08 and RCW 41.12 respectively. Commission Rules may be amended and updated from time to time. (Ord. 3266 Sec. 5, 1997.) 2.33.040 POWERS AND DUTIES OF PERSONNEL BOARD. It shall be the duty of the Personnel Board to: A) Hear grievances in accordance with rules of procedures and practices to be adopted by the Board, but informality of proceedings or in the manner of taking testimony shall not affect any action of the Board. B) Advise the appointing authority on matters brought before the Board by the appointing authority. C) Keep such records as may be necessary for the proper execution of the powers and duties of the Board. (Ord. 3266 Sec. 5, 1997.) 2.33.050 FIRE CHIEF EXCEPTED. Any person appointed as Fire Chief after January 25, 1994 shall be excepted from inclusion within the perview of the Civil Service System created by this chapter. (Ord. 3545 Sec. 33, 2002.) 2.33.060 POLICE CHIEF EXCEPTED. Any person appointed as Police Chief after January 25, 1994 shall be excepted from inclusion within the perview of the Civil Service System created by this chapter. (Ord. 3545 Sec. 33, 2002.) PMC Title 2 12/7/2009 27 RCW 41.08.030: Civil service commission created — Appointment — Terms — Remova... Page 1 of 1 RCW 41.08.030 Civil service commission created — Appointment — Terms — Removal — Quorum. There is hereby created in every city, town or municipality except those referred to in RCW 41.08.010, having a full paid fire department a civil service commission which shall be composed of three persons. The members of such commission shall be appointed by the person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council, commission, or otherwise, is or are vested by law with power and authority to select, appoint, or employ the chief of a fire department in any such city, prior to the enactment of this chapter. The members of such commission shall serve without compensation. No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of such city for at least three years immediately preceding such appointment, and an elector of the county wherein he or she resides. The term of office of such commissioners shall be for six years, except that the first three members of such commission shall be appointed for different terms, as follows: One to serve for a period of two years, one to serve for a period of four years, and one to serve for a period of six years. Any member of such commission may be removed from office for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other good cause: PROVIDED, HOWEVER, That no member of the commission shall be removed until charges have been preferred, in writing, due notice and a full hearing had. The members of such commission shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon them by this chapter. Two members of such commission shall constitute a quorum and the votes of any two members of such commission concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission under or by virtue of the provisions of this chapter. Confirmation of said appointment or appointments of commissioners by any legislative body shall not be required. At the time of any appointment not more than two commissioners shall be adherents of the same political party. [2007 c 218 § 3; 1935 c 31 § 3; RRS § 9558 -3.1 Notes: Intent -- Finding -- 2007 c 218: See note following RCW 1.08.130. http: / /apps.leg.wa.gov /RCW /default.aspx ?cite = 41.08.030 5/23/2012 FOR: City Council TO: Gary AGENDA REPORT Manager FROM: Stan Strebel, Do put�ity Manager SUBJECT: Municipal Prosecutor — Agreement Renewal I. REFERENCE(S): 1. Proposed Agreement May 16, 2012 Workshop Mtg.:5/29/12 Regular Mtg.: 6/4/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5/29: Discussion 6/4: MOTION: I move to approve the Agreement for Prosecutorial Services with Bell, Brown & Rio and, further, to authorize the City Manager to sign the document. III. FISCAL IMPACT: A four -year term of agreement is proposed with no increase in the current rate of pay for the first two years and modest (2.6% and 2.5 %) increases for the last two years. IV. HISTORY AND FACTS BRIEF: A) The City has contracted for prosecution services for approximately 10 years. The agreement provides the City with flexibility and coverage in the court as needed. As the agreement was competitively bid two years ago and the renewal is reasonable in the cost, staff recommends renewal with Bell, Brown and Rio for the four -year period. (After 1 year, the agreement may be terminated with 60- days' notice.) B) The agreement continues a provision for the prosecutors to provide a part-time clerical assistant. The City payment to the prosecutors for this service is included in the figure for total compensation. 3(d) AGREEMENT FOR PROSECUTORIAL SERVICES THIS AGREEMENT is entered into by and between the CITY OF PASCO, hereinafter referred to as "Pasco," and Bell, Brown & Rio, PLLC, hereinafter referred to as "Prosecutor," for the purpose of providing prosecutorial services for the City of Pasco. 1. PROSECUTOR SHALL: A. Provide complete municipal misdemeanor, gross misdemeanor, and civil infraction prosecutions for all cases filed in the Pasco Municipal Court and other related services including: I. Arraignment Docket representation 2. Incarceration Docket representation 3. Negotiation of sentences and forfeiture orders of the Court 4. Bench Trials and hearings 5. Pre -trial hearings 6. Jury Trials and Trial Readiness Hearings 7. Post -trial motions and hearings 8. Appeals 9. Police Department day to day counsel and training as needed. (Prosecutors will e -mail the Police Chief and Patrol Captain with any concerns relating to police duties or functions. The Patrol Captain or Police Chief shall contact the Prosecutors if they would like to meet to discuss these concerns or provide training to the police department.) 10. Response to criminal - related questions from the public that cannot be answered by administrative staff. B. Employ a part-time clerical assistant for correspondence and document preparation. C. Be prompt in attendance for all required dockets, hearings and trials as outlined on the attached Exhibit "A," "Pasco Municipal Court Prosecutor Schedule." Such schedule may be changed from time to time to meet the needs of the Court upon mutual agreement of the parties. D. Designate a contact who shall be responsible for: 1. Complaint review and response 2. Review and evaluation of quality of service 3. Periodic reports to the City administration E. Personally provide the prosecution services and divide the representation to ensure full -time coverage as well as substitute, conflict, and additionally required coverage to allow multiple actions to proceed when necessary. In the event Prosecutors wish to hire additional attorneys other than the signator to this Agreement to perform services, Prosecutors shall obtain advance approval from Pasco. This provision shall not apply in the event of unforeseen circumstances where Prosecutors are temporarily unable to perform. Prosecutors shall be responsible for assuring that qualified attorneys are present in Court at all times necessary. F. Use established practices and policies to recommend utilization of alternatives to incarceration as appropriate. Such alternatives shall include but not be limited to electronic home monitoring, work crew, etc. Prosecutors shall obtain Pasco's approval prior to implementing any program for alternate dispositions involving charitable contributions. G. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court and shall complete seven hours of continuing legal education within each calendar year in courses relating to prosecution. 2. PASCO SHALL: A. Maintain a City Prosecutor's Office with office space available for the prosecutor at least ten hours per week. B. Employ a full -time Legal Assistant on -site at the City Prosecutor's Office providing: 1. Case management and file maintenance 2. Subpoena issuance and return of service 3. Witness contact 4. Docket preparation C. Pay all subpoena and service costs and costs of required reports for prosecution. D. Pay to Prosecutor the sum of Ten Thousand Four- Hundred Dollars ($10,400) per month for the first two years; Ten Thousand Seven - Hundred Fifty Dollars ($10,750) per month for the third year; and Eleven Thousand Dollars ($11,000) per month for the fourth year. Payments shall be due on or before the 10`h day following each calendar month. Payments shall be prorated for partial month. Renegotiation of the terms of this agreement upon the following occurrences: (1) there is a Washington Court Rule amendment that results in a procedural change in court proceedings, or (2) there is a change in Court Docket/Schedule as outlined in Exhibit "A." In addition, Prosecutors shall be paid the sum of Seven Hundred Fifty Dollars ($750) for each case appealed (except for any case noted for reconsideration at the trial court level). However, if a court of appeals grants the Prosecutor's motion to dismiss for "Want of Prosecution," then there shall be no charge to the City for the appeal. Prosecutors shall provide an invoice to Pasco upon completion of any appeal work. Prosecutorial Services Agreement — Page 2 3. TERM: The term of this Agreement shall be for four (4) years, beginning July 1, 2012, and ending June 30, 2016. Either party may terminate this Agreement after one (1) year upon sixty (60) days written notice. 4. CASELOAD: In the event the workload (as indicated by number of case filings and number of represented cases) exceeds the prior year's workload by fifteen percent (15 %) or more, Prosecutors may request additional compensation. If no agreement is reached concerning said additional compensation, Prosecutors may terminate this Agreement upon ninety (90) days written notice. 5. INDEPENDENT CONTRACTORS: Prosecutors shall be independent contractors and not employees of Pasco, 6. INSURANCE AND INDEMNIFICATION: During the term of this Agreement, the Prosecutors shall maintain errors and omissions insurance coverage and shall include anyone else acting for or on behalf of the Prosecutors in the performance of this Agreement as an additional named insured on any such policy. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Washington, and shall have policy limits of Two Hundred Fifty Thousand Dollars ($250,000.00) or more. At the time of commencement of the performance of services hereunder, the Prosecutors shall submit evidence that such insurance is in force and that such insurance will not be canceled without first giving thirty (30) days written notice to the City of Pasco. CITY OF PASCO Gary Crutchfield, City Manager Date PROSECUTOR Michael J Rio, Attorney at Law Date Bell, Brown & Rio, PLLC Prosecutorial Services Agreement — Page 3 Exhibit "A" PASCO MUNICIPAL COURT PROSECUTOR SCHEDULE (Schedule is subject to change during term of Agreement) *Currently, two prosecuting attorneys are scheduled for Monday am docket; Subject to change. Prosecutorial Services Agreement — Page 4 Traffic Pre- Trials Monday 8:30 am to 12:00 pm* 1:30 pm to 5:00 pm Pre- Trials Arraignment Tuesday 8 :30 am to 12:00 pm 1:30 pm to 5:00 pm In- Custody Jury- Trials Wednesday 10:00 am to 12:00 pm 9:00 am to 5:00 pm even days In- Custody In- Custody Arraignment/ Probation Violation Thursday 10:00 am to 12:00 pm 1;30 pm to 3:30 pm or as needed Trial Readiness 9:00 am to 12:00 pm odd days Friday Motion 9:00 am to 12:00 pm even days *Currently, two prosecuting attorneys are scheduled for Monday am docket; Subject to change. Prosecutorial Services Agreement — Page 4 FOR: City TO: Gary FROM: Rick Terway, Tire( Administrative and AGENDA REPORT Manager Services Department SUBJECT: Pasco Boat Basin Lease Request for Proposals I. REFERENCE(S): 1. Vicinity Map 2. Draft Request for Proposals May 22, 2012 Workshop Mtg.: 5/29/12 Regular Mtg.: 6/4/12 IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5/29: Discussion/Direction 6/4: MOTION: I move to authorize issuance of a Request for Proposal for the lease /operation of the Pasco Boat Basin. III. FISCAL IMPACT None at this time IV. HISTORY AND FACTS BRIEF: A. In 1998 the city signed a Master Lease Agreement with the Corp of Engineers for the shoreline areas of the Columbia River, including the portion known as the Pasco Boat Basin. B. In 2001 the city entered into a 10 year sublease agreement with Cascade Marina LLC for lease of the marina at the Pasco Boat Basin. The lease was extended in 2011 for 1 year due to the various studies that were taking place on the feasibility of re- development of the surrounding area. C. During the period of the lease, Cascade Marina has made some attempts to improve the property and business with little success. Negotiations for lease extensions were also attempted with no agreement reached. Permits were obtained from the Corp of Engineers (by Cascade Marina) for improvements, but Cascade Marina has not had the financial ability to move forward with the projects. V. DISCUSSION: A. The RFP process enhances the city's opportunity to implement improvements suggested in the "Boat Basin and Marine Terminal Plan" and the "Tri- Cities Rivershore Master Plan ". B. Staff met with Port of Pasco staff and they will consider working with the City and Lessee on improvement of the east end of the boat basin property in conjunction with their comprehensive development plan for Osprey Point. C. Once the City and the selected operator have negotiated an agreement the sublease has to be approved by the USACE. This approval process could take up to ninety (90) days. D. Staff requests Council review of the draft RFP and identify any changes it deems appropriate and authorization to issues the RFP. 3(e) I b- I 1A I ..z o" L "I �,j LLJ L I tta P4 61 L 1uT%Itw. I Ott je I I ' Ilia City of Pasco, Washington Request for Proposal for Pasco Boat Basin Marina Operations � -..;a CITY OF PASCO REQUEST for PROPOSALS Project Title: Pasco Boat Basin Marina General Information The City of Pasco is located in southeast Washington State with a population of approximately 60,000 residents. The City has a City Manager - Council form of government, and operates as an Optional Municipal Code City under RCW 35A. Pasco is a part of the rapidly growing Tri- Cities, which include Pasco located in Franklin County, and Richland and Kennewick located in Benton County. With a population of 235,700, Tri- Cities is the fourth largest and fastest growing Metropolitan Statistical Area in Washington State. Pasco also has a growing retirement population, attracted by the region's moderate climate, outdoor recreational opportunities, and access to medical care. Pasco is the home of the Tri- Cities Regional Airport and is a transportation hub with rail, river, air and Interstate access. Pasco: One of the fastest growing cities in Washington State (Tri Cities Visitor and Convention Bureau) One of leading cities for growth and development, ranking 29th in the country (Tri Cities Visitor and Convention Bureau) Pasco - Richland- Kennewick: • 4th place "Best Small Metro Market" (Local Market Monitor) • 5th place "Best Performing Cities" (Milken Institute 2010) • 1st place "Most Secure Places To Live /mid -size U.S. cities" (Farmers Insurance Group of Companies 2011) The City is a full - service municipality employing approximately 275 people to provide general government, public works, public safety, planning and community development, and recreational services. To request an RFP packet (electronic or printed) please contact Sandy at acsadmin(a)pasco- wa.gov or fax request to 509 - 543 -5758. RFP packets are available in printed form for pick up at City of Pasco, Administrative & Community Services, 525 N. 3`d Ave., Pasco, WA 99301. Boat Basin Lease /History The City of Pasco entered into a lease with the Corps of Engineers in 1976. The City sublet the operation of the Pasco Boat Basin to Waterworld, a private operator. That 2 lease ran from 1977 to 2001; however in 1998 the operation of the Pasco Boat Basin was taken over by Cascade Marine. Cascade Marine finished the term of the lease in 2001 and negotiated a new lease for the years 2001 to 2011. This lease was extended for one year due to the two studies that were being done relating to the boat basin, marine terminal and the river shore in general. During the lease with Waterworld they were required to install 2 sets of twenty (20) covered boat slips. In 1998, the Pasco Boat Basin consisted of two main parts: A) the 3.5 acre park which included a picnic area, restrooms, a two lane boat launch with 40 foot dock; and B) the marina which consisted of approximately 2 acres, 7500 square foot building, forty (40) covered boat slips with electrical power, seventeen (17) open boat slips with electrical power, and fifteen (15) open boat slips without power. At that time the area was considered fully developed and no other plans were moved forward. In 2004, Cascade Marine proposed further improvement of an additional 128 covered slips. Negotiations began, but neither party came to an agreement and no slips were added. 1vt1� . I Two major studies have been completed concerning the Pasco Boat Basin; the 'Boat Basin and Marine Terminal Plan' and the 'Tri- Cities River Shore Master Plan'. Though not prescriptive, noted plans suggest that the Pasco Boat Basin should become more prominent in the delivery of services provided to the boating public and providing connectivity to the river system. With that in mind, the city desires a lease proposal which will accomplish as much of the following as is practicable: 1. The Pasco Boat Basin should encompass all of Schlagel Park. 2. Sub Lessee manage and control boat launch area. 3. The docks should be updated or repaired to reflect a better image. 4. Improve landscape from both the land and water view to improve sight lines. 5. Renew the business at Cascade Marine to broaden market and attract new clientele. 6. Work with the Port of Pasco to the extent of incorporating improvements to complement Osprey Point and the Port's development plan on west end of their property where it joins the marina. 7. Work with the Tri- cities River Shore Enhancement Council (TREC) and take advantage of the Gateway theme and other projects along the river shore. 8. Improve signage and advertising efforts. The City is encouraging new improvements to the Pasco Boat Basin. It is desired that a regional approach be taken, considering what services are offered in the area with water access and determine improvements needed to attract other boat operations, such as rentals, house boats, food sales, etc. to the Pasco Boat Basin. Management of the entire area could bolster that effort. 3 Proposal Submission Proposer submitting in writing shall provide one signed original and five copies of the proposal package. All proposals and accompanying documentation will become property of the City and will not be returned. Each copy shall include the following required sections indexed in the following order: 1. Cover Letter: Signed by the company representative authorized to make contractual obligations and affirming the receipt and understanding of RFP conditions. The letter may also include supplemental information related to company's qualifications. 2. Table of Contents. 3. Executive Summary: A review of your approach and the distinguishing characteristics of your proposal. 4. Company background information: • Name and address of legal entity submitting the proposal. • Name and address of principal officers and all owners of the company. • Legal status of the company organization, i.e., corporation, partnership, sole proprietorship. The owner of the company shall agree to personally guarantee the obligations under the sublease. • Description of company including size, longevity, client information in such a manner that the management company evaluation may reasonably formulate an opinion about the stability and financial strength of the company. Company's financial data is to be certified as correct by a certified public accountant. • Disclose any and all judgments, pending or expected litigation, and /or viability or stability of the proposing organization; or warrant that no such condition is known to exist. 5. Reference List: • A representative list of three (3) current and former clients for whom you have provided like services or operated a like facility in the past five (5) years, including: 1. Name and address(es) of client and nature of business. 2. Contact person and phone numbers. 3. Size of operations. 4. Number of years of service with client. 6. Business Plan and Management Approach: Provide a detailed description of how you would operate the Marina including staffing levels, customer service, pricing philosophy and experience. Include in the description your approach, concepts and ideas regarding Marina management and comment on the following bulleted item. Include a financial pro forma indicating pricing philosophy and structure. • The operator will be responsible for maintenance, repair and improvements to the facility including but not limited to the buildings, docks, ramps and any other facilities necessary to provide standard marine services in a safe environment. 4 7. Plans for the marketing and promotion of the facilities. 8. The company may propose additional innovations for operation of the Marina as part of the proposal to increase the value of the facility. Proposal Selection A short list of firms that the City, after review of the proposals, determines in its discretion demonstrate the best combination of experience, knowledge, financial capability, skills and plans necessary to fulfill the city's desires as expressed in this RFP will be selected for on -site interviews. Firms invited to on -site interviews are responsible for paying all of their expenses in preparing for and attending their interview. The successful firm will be selected from the short list, based upon all information provided during the process, including interviews. In making the final selection, demonstrated sensitivity to the City needs will be an important consideration, as well as the business and management plan, financials, schedule and allocation of man power. These and other elements are critical for successful operation of the Marina. The final selection, if any, will be that proposal which, in the opinion of the city after review of all submissions by the evaluation committee, best meets the requirements set forth in the RFP and is in the best interest of the City. Form of Agreement The selected firm will enter into a Marina Sublease Agreement with City of Pasco to be negotiated between both parties for operating the Marina. Sublease must be approved by USACE before it is final. Operator will not sub -let any portion of the Boat Basin operation without written approval by the City. Proposals are due no later than June 29, 2012. There will be no formal "proposal opening ". Qualifications and Proposals received by the deadline will be reviewed by the City, and selected firms may be invited to meet with selected city officials to discuss their proposal. Respondents should allow sufficient delivery time to ensure receipt on or before the deadline. Respondents assume the risk for the delivery method chosen. The City assumes no responsibility for delays caused by any delivery service. All submittals and any accompanying documentation become the property of the City, become public information upon receipt and will not be returned. 5 Mail, Hand Delivery or Fed Express to: US Mail Address Physical Address City of Pasco City of Pasco ACS Dept ACS Dept P O Box 293 525 N 3`d Ave Pasco, WA 99301 Pasco, WA 99301 SUBLEASE One original copy of the RFP proposal will require original signature. It must be signed upon submittal. Signature will also be validated through a formal signature as part of the sublease document itself. The City reserves the right to make an award without further discussion of the proposal submitted. Therefore, the proposal should be submitted initially on the most favorable terms which the firm can propose. The firm shall specifically stipulate that the proposal is predicated upon acceptance of all terms and conditions in the RFP. The firm should be prepared to accept this RFP for incorporation into a sublease resulting from this RFP. Sublease negotiations may provide for the incorporation of the firm's proposal. It is understood that the proposal will become a part of the official file on this matter without obligation to the City. This RFP does not, however, obligate the City to sublease for services specified herein. Timeline This is to provide interested firms information about the schedule anticipated by the City. This is an estimate only, and may change. • Pre - submittal questions to Rick Terway by June 19, 2012. Phone number 509- 543 -5757 or email terwayr @ pasco - wa.gov. • Submittals due: June 29, 2012. • Evaluate proposals including potential interviews: July 17, 2012. • Negotiate new agreement with leading contender /sublease submittal to USACE: August 14, 2012 ** • City Council approves agreement: October 15, 2012. ** • Transition to new Operator: 11/14/12 ** May take up to 90 days for sub -lease processing with USACE Revisions to RFP The City reserves the right to modify this RFP and /or cancel or reissue this Request in whole or in part, prior to execution of a sublease. In the event it becomes necessary to revise any part of the RFP, it shall be the responsibility of the interested firms to obtain a copy of the addendum. The City shall make efforts to reach interested firms, but the responsibility shall be on the firms to ensure that they have obtained current material. Acceptance Period Submittals shall be good for 90 days from due date of RFP. Firms that take exception to this will be considered non - responsive and may be rejected. Rejection of Submittals The City reserves the right at its sole discretion to reject any and all Submittals received without penalty and not to issue a sublease as a result of this RFP. The City also reserves the right at its sole discretion to waive minor administrative irregularities, request clarification and /or additional information contained in any Submittal. Responsible Management Firm Criteria The City shall consider only responsible firms. Responsible firms are those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability, reliability and integrity necessary to perform the requirements of the sublease. The City may also consider references, financial stability, and any other information available to the City. Firms with an owner convicted within the past ten years of a crime involving moral turpitude or dishonesty or with unsatisfied tax, warrants or judgment liens, are ineligible to participate and shall not submit. The final selection, if any, will be that proposal which, in the opinion of the City after review of all submissions by an evaluation committee, best meets the requirements set forth in the RFP and is in the best interests of the city Obligation to Contract and Costs This RFP does not obligate the City to contract for services specified herein. The City will not be liable for any costs incurred by the firm in preparation of a Submittal in response to this Request, in conduct of a presentation, or any other activities related to responding to this RFP. Commitment of Funds The City Manager and /or his designee are the only individuals who may legally commit the City to expenditures of funds for an agreement resulting from this RFP. No cost chargeable to the proposed sublease may be incurred before receipt of a fully executed sublease. Examination of RFP and Other Documents The submission of a response shall constitute an acknowledgment, upon which the City of Pasco may rely that the firm thoroughly examined and is familiar with the requirements and sublease documents, and reviewed and inspected all applicable statutes, regulations, ordinances, and resolutions dealing with or related to the work and services to be provided. Failure or neglect of a submitter to examine such documents, work site(s), statutes, regulations, ordinances or resolutions, shall in no way relieve the submitter from any obligations with respect to the offer or to the sublease. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the same. A signed sublease or purchase order furnished to the successful offer results in a binding sublease without further action by either party. Proprietary Information /Public Disclosure Material submitted in response to this RFP shall become the property of the City In the event a firm desires to claim that portions are exempt from disclosure under the provisions of RCW 42.17.250 to .340, it is incumbent upon the firm to identify those portions in the firm's proposal transmittal letter. The transmittal letter must identify the page and the particular exception(s) from disclosure upon which it is making its claim. Each page claimed to be exempt from disclosure must be clearly identified by the word "confidential" printed on the lower right hand corner of the page. The City will consider a firm's request(s) for exemption from disclosure; however, the City will make a decision predicated upon applicable laws. An assertion by a firm that an entire volume of its proposal is exempt from disclosure will not be honored. In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. Submittal Requirements Firm is specifically notified that failure to comply with any part of the Request for Proposal may result in rejection of the proposal as non - responsive. All proposals must be hard copy in eight and one -half by eleven (8'/2 X 11) inch format. AGENDA REPORT FOR: City Council I I May 29, 2012 TO: Gary Crutch Ci anager Regular Mtg.: 6/4/12 Rick White, Community & con mic Development Directorq, FROM: Jeffrey B. Adams, Associate Planner SUBJECT: SPECIAL PERMIT APPEAL (MF# SP 2012 -007): Expanding the capacity of a Preschool in an R -S -20 Zone. I. REFERENCE(S): Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 6/4 MOTION: I move to set 7:00 p.m., July 2, 2012 as the time and date for a closed record hearing to consider the appeal of the Planning Commission special permit recommendation under Master File number SP 2012 -007. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Following the conduct of a public hearing on May 17, 2012, the Planning Commission recommended allowing expansion of the capacity of a permitted preschool from 50 to 80 children in an existing church in an R -S -20 Zone at 1800 Road 72 with conditions. B. A neighboring property owner filed a written appeal of the Planning Commission recommendation. C. The appeal requires the City Council to set a time and date for a Closed Record Hearing. The earliest date available for a Closed Record Hearing (which provides the necessary notification period and allows for transcript preparation) is July 2, 2012. 3(T&ftj FOR: TO: FROM: SUBJECT: 11. III. IV V. AGENDA REPORT City Cou it May 29, 2012 Gary Crutchfi y anager Regular Mtg.: 6/4/12 Rick White , / Community & conomic Development Director Medical Marijuana (MF# CA2011 -003) REFERENCE(S): I. Proposed Ordinance 2. Resolution 3340 ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING 6/4: MOTION: I move to adopt Ordinance No. , an Ordinance repealing Resolution 3340 and amending Chapter 25.08 of the Pasco Municipal Code prohibiting uses in violation of local, State and Federal laws, and further, authorize publication by summary only. FISCAL IMPACT: HISTORY AND FACTS BRIEF: A. In 1998, Initiative 692 was passed by Washington voters that permitted the use of marijuana for medicinal purposes. The Initiative was codified as Chapter 69.51A of the Revised Code of Washington even though marijuana still remained illegal under the Federal Control Substance Act. B. In 2007, the State Legislature clarified RCW 69.51A by determining that a medically authorized person could posses a 60 -day supply of medicinal marijuana. However, cultivating marijuana still remains a felony under Federal law. C. The 2011 State Legislature attempted to address this through Engrossed Second Substitute Senate Bill (E2SSB) 5073 which passed the Legislature in April of 2011. This bill provided for collective gardening of medical marijuana and allowed local cities and counties to adopt zoning and health regulations governing the production and distribution of medical marijuana. D, A majority of E2SSB 5073 was vetoed by Governor Gregoire. Section 403 remains in place which allows qualifying patients to jointly maintain collective gardens for cultivating cannabis for medical use, The legislation also permits growing marijuana in collective gardens with no more restrictions than it cannot be grown in public view and contain no more than 15 plants per patient up to a total of 45 plants. E2SSB 5073 went into effect on July 22, 2011. E. City Council approved Resolution 3340 on September 6, 2011 establishing a 12 month moratorium on collective medical marijuana gardens in all zoning districts. A key component of the moratorium was the assumption that the State Legislature would act this past session to remedy the confusion caused by the partial veto of E2SSB 5073. However, action by the Legislature did not occur this past session. The moratorium is set to expire this July 6`h. DISCUSSION: A. Possession of marijuana — even for medicinal purposes — is contrary to the Federal Controlled Substance Act (CSA). The CSA also pre -empts both the State and the City from passing and enforcing an ordinance that would make possession of medicinal marijuana legal. B. A city may further limit collective gardens and dispensaries beyond those imposed by Chapter 69.51A RCW, as long as they meet the general police power requirements and do not, in any way, permit or authorize an activity that is prohibited by the federal CSA. The City Attorney's position is that the City is not required to enact an ordinance allowing and then governing collective gardens and dispensaries and has the ability to prohibit both, so long as there remains a conflict between the State statute and the pre - empting federal law. C. As a solution to the immediate issue, staff recommends that the moratorium on collective medicinal marijuana gardens be repealed and the Pasco Zoning Code amended to prohibit uses that are in violation of federal, state or local laws. This simply prohibits activities involving medicinal marijuana until State and federal regulations are changed to eliminate the potential of the City becoming an accessory to a federal crime.. 7(a) ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, REPEALING THE MORATORIUM ON MEDICAL MARIJUANA COLLECTIVE GARDENS AND AMENDING CHAPTER 25.08 OF THE PASCO MUNICIPAL CODE WHEREAS, since 1970, federal law has prohibited the manufacture and possession of marijuana as a Schedule I drug; and WHEREAS, the voters of the State of Washington approved Initiative 692 (codified as RCW 69.51A in November 1998); and WHEREAS, the intent of Initiative 692 was that qualifying "patients with terminal or debilitating illnesses who, in the judgment of their physicians, would benefit from the medical use of marijuana, shall not be found guilty of a crime under state law, "(RCW 69.51A.005); and WHEREAS, the Washington State Legislature passed ESSSB 5073 in 2011, which provides that a qualifying patient or his/her designated care provider are presumed to be in compliance, and not subject to criminal or civil sanctions /penalties /consequences, if they possess no more than 15 cannabis plants, no more than 24 ounces of usable cannabis (other qualifications apply); and WHEREAS, Washington's Governor vetoed all of the provisions relevant to medical marijuana dispensaries in ESSSB 5073 but left the provisions relating to cultivation of marijuana for medical use by qualified patients individually and in collective gardens; and WHEREAS, RCW 69.51A.130 allows local jurisdictions to adopt zoning requirements, business license requirements, health and safety requirements, and impose business taxes on the production, processing or dispensing of cannabis or cannabis products; and WHEREAS, the City adopted Resolution 3340 imposing a moratorium on medical marijuana collective gardens dispensaries it was predicted that the Washington State Legislature would address the subject during the 2012 Legislative Session; and WHEREAS, Based on experiences from other jurisdictions, there is significant increase in criminal activity surrounding marijuana- related activities, regardless of local, state, or federal legal status; and WHEREAS, The Washington State Legislature did not adopt any new regulations on medical marijuana; and WHEREAS, the City has been placed in an untenable position between State and Federal law, and has therefore chosen to amend Section 25.08.010 of the Municipal Code by adding the following statement, and adopt this as the City's official position; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Resolution 3340, moratorium on medical cannabis collective gardens is hereby repealed. Section 2. That Section 25.08.010 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.08.010 INTERPRETATION. In interpreting and applying the provisions of this Title, the provisions and standards contained herein shall be deemed to be the minimum standards or requirements with which compliance is essential to the permitted uses, and shall not be construed as limiting the legislative authority of the City Council to further restrict permissive uses or to withhold or revoke permits for uses where, notwithstanding the existence of the minimum standards set forth in this Title, the promotion or protection of the public health, morals, safety and welfare bears a substantial relation to such withholding, denial or revocation of permits or uses. (Ord. 3354 Sec. 2, 1999.) This Title does not allow any use which is in violation of any local State or Federal laws regulations, codes, and /or ordinances. Section 3. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of 2012. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney RESOLUTION NO. 3340 A RESOLUTION OF THE CITY OF PASCO ADOPTING FINDINGS IN SUPPORT OF RETENTION OF THE MORATORIUM PROHIBITING MEDICAL CANNABIS COLLECTIVE GARDENS IN ALL ZONING DISTRICTS WITHIN THE CITY. WHEREAS, the Washington legislature by Engrossed Second Substitute Senate Bill 5073 (the Medical Cannabis Bill) provided for the establishment of State regulated medical cannabis dispensaries and collective cannabis gardens to provide a source of medical cannabis for qualifying patients, however, Washington Governor Christine Gregoire vetoed significant portions of the Bill including all State agency regulations of the production, processing and distribution of medical cannabis; and WHEREAS, as a response to the Governor's veto, the legislature attempted, in the last hours of the 1.011 legislative session to introduce Senate Bill 9555 addressing the concerns raised by the Governor's veto, however, this Bill did not survive the closing of the legislative session and, therefore, further legislative action is unlikely until the convening of the 2012 legislature; and WHEREAS, the portions of the Medical Cannabis Bill that survived the veto permits collective cannabis gardens subject to the City's determination of appropriate zoning, business license, health and safety requirements to serve the best interests of the City; and WHEREAS, the veto of major sections of the Medical Cannabis Bill has resulted in great confusion as to its application and future legislation including a recently filed Initiative which raises further questions in regards to the future effect and application of this act; and WHEREAS, it is anticipated that collective cannabis gardens will require an increased risk to health and safely, require increased code enforcement activities, and affect the use and enjoyment of surrounding properties without appropriate regulations; and WHEREAS, the City Council has determined that it is in the best interest of the City that the moratorium be retained to provide the City an opportunity to develop appropriate regulations for such collective gardens, and to develop a work plan for the implementation of such regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The City of Pasco makes the following findings: A. The City of Pasco does not currently have specific regulatory provisions addressing the conditions or locations of collective cannabis gardens within the City. B. The City adopted a moratorium on collective medicinal marijuana gardens in all zoning districts through City of Pasco Resolution 3330 on July 18, 2011 and heard citizen comments that medical marijuana dispensaries are needed for residents of the greater Pasco — Kennewick— Richland area and that currently, medicinal marijuana users must resort to illegal means to secure medicinal marijuana. Resolution I C. The City of Pasco held a public hearing on the propriety of the moratorium on August 15, 2011 and received a report from staff on issues of concern related to collective medicinal marijuana gardens, and heard testimony from I citizen relating to the contradictions within State law, the need for collective medicinal marijuana gardens, the adverse effects of resorting to illegal means of procuring medicinal marijuana, the need for building and zoning regulations for collective gardens and the potential positive financial impact of taxing medicinal marijuana. - D. The City Council finds that zoning, licensing and permitting regulations should be established, pending review of appropriate locations and other requirements for collective gardens, and the impacts of the newly amended law and its interaction with federal law must be compared and analyzed. E. The City must ensure that proposed locations for collective gardens are appropriate and that any potential secondary impacts arising from the operation of collective gardens are minimized and mitigated. These secondary impacts include, but are not limited to burglaries associated with the marijuana maintained on the site, or an increase of other illegal activities, such as drug use, within the vicinity of collective medical marijuana gardens. F. The Pasco Police Department (PPD) has expressed concerns that collective medical marijuana gardens will invite vandalism, theft and trespass and compromise neighborhood safety and has expressed the need for development of regulations that will minimize these expected impacts. Section 2. Moratorium Retained. The moratorium established by Pasco Resolution 3330 on July 18, 2011 is retained prohibiting the establishment, maintenance, cultivation, or operation of a collective garden for growing medical cannabis as defined by Section 1, Subsection 2 of the Engrossed Second Substitute Senate Bill 5073 and RCW 69.51 A.010 as amended, within all zoning districts within the City of Pasco. Section 3. "Perm of Moratorium. The moratorium imposed by Resolution 3330 shall continue in effect for an initial period of 12 months, unless repealed, extended, or modified by the City Council after a public hearing and the entry of appropriate findings of fact as required by RCW 35A.63.220, provided. however, that the moratorium shall automatically expire upon the effective date of zoning regulations adopted by the City Council to address collective gardens for medical cannabis within the City of Pasco. Section 4. Effective Date. This Resolution shall be in full force and effect upon its passage and signature below. PASSED by the City Council of the City of Pasco this day of �1J1 �WCi�i�, 2011. Matt Watkins, Mayor ATTEST: Q(I� ��— 6'-1 Di=bta-6-@fai , City Clerk t! Resolution - 2 APPR VED 's TO FORM: Leland & Kerr, City Attorney September 2011 Medical Marijuana Work Plan The following steps are intended to identify the expected process of creating legislation unique to the City of Pasco's needs and legislative priorities. I. Research cities /states with similar circumstances /laws pertaining to medicinal marijuana. 2. Research Washington Cities Insurance Association, Association of Washington Cities and the Municipal Research and Service Center to determine latest developments, cautions, examples and experiences in regulation of medicinal marijuana. 3. Research current State law and reconcile the discrepancy of federal laws concerning cultivation, possession and distribution of medicinal marijuana, the question of precedence of State versus federal law and the risk of prosecution to City personnel implementing State law. 4. Involve City Departments to determine the extent and degree of intervention needed from a licensing, taxation, code enforcement, crime prevention, public safety (police and fire protection) and zoning standpoint. 5. Research the degree of consistency for regulation desired/needed front Benton and Franklin counties and the cities of Kennewick, Richland, West Richland, and meet with these jurisdictions as necessary to coordinate efforts. 6. Evaluate the impact of voter approved initiatives after the November general election as applicable. 7. Evaluate the expected timeframe of developing local regulation against any State legislative movement. Consider extension of the moratorium as needed. 8. Prepare interim report to City Council on progress of the work plan and anticipated timeline for completion, and present to City Council on or before December 12, 2011. 9. Develop draft legislative alternatives for regulating collective medical marijuana gardens. 10. Review with City management and revise as directed. 11. Conduct public workshops with the Planning Commission and revise draft regulatory alternatives as needed. 12. Review developing State legislative amendments to State law concerning collective medical marijuana gardens. Consider extension of the moratorium and adjustment of the work plan as necessary. 13. Conduct formal public hearing(s) with the Planning Commission to determine the Commission's recommendation to City Council. 14. Present the recommended legislation to City Council at a Council Workshop. 15. Return to City Council for formal action as directed. AGENDA REPORT TO: City Councin May 31, 2012 FROM: Gary Crutchfie"anager Regular Mtg.: 6/4/12 SUBJECT: Non - Represented Cost of Living Adjustment I. REFERENCE(S): 1. Proposed Ordinance, Non - Represented, Non - Management Wage Plan 2. Proposed Ordinance, Management Salary Plan II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. , providing a cost -of- living adjustment in the non - represented, non - management wage plan beginning July 1, 2012 and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. , providing a cost -of- living adjustment in the management salary plan beginning July 1, 2012 and, further, authorize publication by summary only. III. FISCAL IMPACT: See Below. IV. HISTORY AND FACTS BRIEF: A) The city, like most others around the state, provides a "Cost of Living Adjustment" (COLA) to its employee pay plans, usually on an annual basis, depending on budget conditions. Organized bargaining units (police, fire and public works) negotiate specific adjustments in bargaining contracts every two to three years, which usually provide an annual adjustment. Non - represented employees (management and non - management) rely on direct action of the City Council after recommendation from the executive office. The COLA attempts to maintain purchasing power of the employee pay plan, so it typically is a large fraction of the annual consumer price index change. For 2011 (ending October), the annual change in CIP was 3.76 %; using 90 % of that figure would suggest 3.3% COLA. B) The last COLA granted to non - represented employees was 1% in January 2010; at the same time, police officers and firefighters received 2% and 2.5 % respectively. No COLA was granted to non- represented employees for all of 2011. C) Evaluation of an appropriate COLA for 2012 was delayed beyond the budget consideration (December) in recognition that the state legislature could alter the allocation of state - shared funds (liquor tax) in their effort to balance their own budget. That risk proved very real, as the legislature's budget revisions will cause the city to lose more than $200,000 in 2013 (and about $60,000 in the fourth quarter of this year). V. DISCUSSION: A) Given that the non- represented employees were granted only 1 % COLA over the past two years and the 2012 year is nearly half gone, a COLA reflecting a substantial share of the 2011 CPI change appears warranted. Somewhat offsetting that consideration, however, is the fact that the city will lose more than $200,000 per year in general fund revenue next year plus the fact the city (as employer) absorbs 90% of the increased annual cost for health care of employees and their dependents. 8(a) B) It is recommended that council consider granting a COLA of 2.8 % effective July I and increase the employee's share of medical premium from 10 % to 12% effective August I (payroll deduction in July). Each 1% COLA for the non - represented employee group represents an annual expenditure increase of $63,000; thus, the recommended COLA represents an expenditure increase of about $175,000 annually (but only half that for 2012). Each 1% increase in the employee share of medical premiums for non - represented employee group is about $12,000; thus, the increase to 12% will return about $24,000 to the city annually. ORDINANCE NO. AN ORDINANCE concerning wages for certain Non - Management, Non - Represented personnel beginning July 1, 2012. WHEREAS, the City Council finds that the cost -of- living adjustment to the non- management /non- represented wage scale of 2.8% is appropriate in consideration of the Department of Labor's Consumer Price Index through October 2011 as well as the adjustments committed to other employee groups; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The wage scale for those non - management positions is specified in the attached Exhibit "A" which Exhibit is incorporated by reference as if fully set forth herein. The City Manager shall designate the appropriate hourly wage step in Exhibit "A for each employee covered by this Ordinance, considering the employee's time in the position, the current hourly wage, and the evaluation of the employee's performance. Any non - represented employee, whose actual wage or salary on June 30, 2012 exceeds the maximum for the respective grade assigned herein, shall continue to receive said actual wage or salary during the remainder of calendar year 2012. Section 2. The step increases set forth in Exhibit "A" are dependent upon a satisfactory performance evaluation. If the performance evaluation of an employee demonstrates superior performance and upon recommendation of the Department Director, the City Manager has the discretion to advance an employee an additional pay step over that step otherwise obtainable by a satisfactory performance evaluation. Section 3. The wage scale set forth in Exhibit "A" shall be effective July 1, 2012 and remain in effect until this Ordinance is amended or superseded by subsequent Ordinance. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. Section 5. This Ordinance shall take effect five (5) days after passage and publication according to law. PASSED by the City Council of the City of Pasco at a regular meeting this 4th day of June, 2012. Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney ,; X W N rl N 0 N N O O n O V W x� A M N N O aNp N m m Q n N n M n N N M M M w O V [+Ol y O r O N Q a0 N ID r N 7 (O A O N �< W OR C'1 19 (D N � p y O N Q O N Q c0 M M (° M (O m Q Q t7 f° 10 a0 O O O f0 Q eD y N W m OI N N Q 1° (p r OI O M t�l N (O OJ N N N N N m Nl N N c7 n' � W N tAO O Q arD N � N N m O N m W [7 O Q� N •- m Q W QO aD O N N N m Q N Vl (D W O t7 pp �I1 eD N N N N N N C9 M C1 t7 M M D- N O r Q M t° O Q tp t° N Q b N W M N N N N N N M M M M M N a r 0 A O Q m O al A tU N O N h .- m w M ID Q A f0 O m O w N ' m ;; O tD N N r aG m N N N N N M M M M N N M a N m° rn M r O m m N Q Q Q N o h m m O .m. y r A A of O N N N th Q 1° r N m N Cl N N N N N N N N M M M �• pp ?; Q fD N N m N t7 N O m O r m (O of r� U) O N cM M d' (O r c0 O t7 N N N N N N N N N N M {h th C y O c7 Ci m N N -D OR A N N O N N Q N cc r r ai N N N N N N M y N t0+1 M N f0 of N m tm N N Q V M tA0 tA0 (mp r V tp ry N N N N 16 M N N N N C09 t7 M G Qm N N m O O 00 M N O N d N � O i° tO l0 m N N N '7 N -7 -D N N N N M M M M W O h (p t0 0] m0 N N N N N N N N N m M a V V V Cm') Q V N vv N N N N N � y c N Y c N O C tc0 fn c U N tU 'U N r O —p O N m A in U U_ y U N py� 'm V�1U C In N d If s N C N Vi GI C N C rte. N UI O. N l0 .n O Z ^ c o p c v c c c 'W o ¢ > ¢ U O .w uA ¢ m m c :u � m U y ° c;m m ry D j u N n c U o5 a N mo y o c E " ' u ° .M N¢ c m c S 2° s N aN q c UN N— a p�°ac m Z3 c w m m w E F m N um i U o o E? a a° m a a c a o¢v❑o ¢ W i � Lo mI ) <za.C.)zv>¢¢U vm nU ORDINANCE NO. AN ORDINANCE concerning the salaries for Management positions beginning July 1, 2012. WHEREAS, the City Manager has recommended the salary scale for management positions be modified to include a cost -of- living adjustment beginning July 1, 2012; and, WHEREAS, the City Council finds that the cost -of- living adjustment of 2.8% is appropriate in consideration of the Department of Labor's Consumer Price Index through October 2011 as well as the adjustments committed to other employee groups; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The maximum monthly salaries for management positions shall be as set forth in Exhibit "A" attached hereto, which Exhibit is incorporated by reference as if fully set forth herein. The schedule of maximum salaries set forth in Exhibit "A" shall be effective July 1, 2012 and shall remain effective until this Ordinance is amended or superseded by subsequent Ordinance. The actual salary to be received by an employee occupying a management position shall be determined by the City Manager in an amount no greater than the maximum for the position except as authorized herein. Section 2. A merit increase may be granted to a city employee employed in one of the management level positions set forth in Exhibit "A" at the sole discretion of the City Manager and within the following guidelines; provided, however, the total of all merit increases for the year 2012 does not exceed $45,000. a) Any merit increase shall be based solely upon job performance demonstrating effort and achievement above and beyond that regularly expected of the position. b) Any merit increase awarded shall be for a temporary period of time to be determined by the City Manager, provided any such merit increase shall expire not later than December 31, 2012. Section 3. For payroll purposes only, the monthly salaries as set forth in Exhibit "A" may be multiplied by twelve (12) and divided by two thousand eighty (2,080) (number of hours in work year) to determine an hourly rate of pay and paychecks may be computed and paid on this hourly basis; however, all positions listed on Exhibit "A" shall remain salaried positions. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. Section 5. This Ordinance shall take effect five (5) days after passage and publication according to law. PASSED by the City Council of the City of Pasco at a regular meeting this 4th day of June 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Exhibit A Management Salary Scale - 2012 (Monthly Maximum) Effective 07.01.2012 - 2.8 Position 2012 Maximum Salary City Manager 12,614 Deputy City Manager 10,175 Public Works Director 10,043 A & CS Director 9,431 Police Chief 9,431 Fire Chief 8,939 C & ED Director 8,939 Finance Manager 8,327 City Engineer 8,327 Municipal Court Jude 8,318 IS Manager 8,083 Police Captain 8,083 HR Manager 7,716 Field Division Manager 7,716 WWTP/W Division Manager 7,102 Inspection Services Mana er 6,735 Recreation Services Manager 6,735 Facilities Manager 6,368 Court Administrator 6,368 Assistant Field Div. Manager 5,879 Cust. Serv./Billing Manager 5,618 FOR: City Council ` TO: Gary Crutchfic Rick White, Community & FROM: AGENDA REPORT Shane O'Neill, Planner I Development Director ZD4 May 30, 2012 Regular Mtg.: 6/4/12 SUBJECT: SPECIAL PERMIT (MF# SP 2012 -008) Redevelopment of a school recreation field in an R -S -12 (Suburban) I. REFERENCE(S): I. Vicinity Map 2. Proposed Resolution 3. Report to Planning Commission 4. Planning Commission Minutes: Dated 04/19/12 and 05/17/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 6/4: MOTION: I move to approve Resolution No. , approving the special permit to redevelop a school recreation field at 4115 W. Henry Street as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On April 19, 2012, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit be granted to redevelop a recreation field at 4115 W. Henry Street. B. Following the 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 expansion. C. The recommended conditions are contained in the attached Resolution. D. No written appeal of the Planning Commission's recommendation has been received. 8(b) RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT TO REDEVELOP A SCHOOL RECREATION FIELD AT 4115 W. HENRY STREET. WHEREAS, Tri-City Junior Academy submitted an application to redevelop a recreation field in an R -S -12 (Suburban) Zone at 4115 W. Henry Street; and, WHEREAS, the Planning Commission held a public hearing on April 19, 2012 to review the proposed recreational field redevelopment; and, WHEREAS, following deliberations on May 17, 2012 the Planning Commission recommended approval of a Special Permit for the proposed recreation field redevelopment 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 Tri-City Junior Academy to redevelop their existing recreation field in an R -S -12 (Suburban) Zone under Master File # SP2012 -008 with the following conditions: a) The Special Permit shall apply to parcel 119502084; b) No outdoor sports light shall be permitted. Any new lighting related to securing the parking lot area shall be shielded from spilling onto adjacent residential properties; c) West Henry Street shall be widened on the north half to create a half width of 18' on the north side. The widening shall be completed in accordance with the City of Pasco Local Access Street Without Curbs standard. d) A sign permit must be obtained prior to construction of signs and/or scoreboards; e) Fencing along West Henry Street must not be solid fencing and shall be limited to a maximum of six (6) feet in height. f) A building permit must be obtained prior to construction of any fencing; g) The special permit shall be null and void if a building permit is not obtained by June 1, 2013. Passed by the City Council of the City of Pasco this 4 1 day of June, 2012. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney REPORT TO PLANNING MASTER FILE # SP 2012 -008 HEARING DATE: 4/19/2012 ACTION DATE: 5/17/2012 APPLICANT: Tri -City Jr. Academy 4115 W. Henry Street Pasco, WA 99301 REQUEST: SPECIAL PERMIT: Redevelopment of a School Recreation Field in an RS -12 (Suburban) Zone 1. PROPERTY DESCRIPTION: Legal: Southwest '/< of the northwest 'A northeast '/4, less the north 425 feet except the west 181 feet of Section 26 Township 9 North Range 29 East General Location: 4115 W. Henry Street Property Size: Approximately 2.3 acres 2. ACCESS: The site has access from West Henry Street. 3. UTILITIES: All municipal utilities are available in Henry Street. 4. LAND USE AND ZONING: The site is zoned RS -12 (Suburban) and currently contains a recreation /ball field. The zoning and land use of the surrounding properties are as follows: NORTH: RS -12 - Single Family Residences SOUTH: RS -12 - Single Family Residences EAST: RS -12 - School WEST: RS -12 - Single Family Residences 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for Government/ Public uses. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non - Significance (DNS) has been issued for this project under WAC 197 -11 -158. 1 ANALYSIS Tri -City Junior Academy is requesting a special permit to redevelop an existing recreational ball field adjacent to their private school facility on West Henry Street. Tri -City Junior Academy provides educational services to most grade levels including daycare and preschool services. The proposed field improvements include installation of an oval running track, a scoreboard, signage and fencing (see attached site plan). Per Pasco Municipal Code 25.24.040(3) public and private schools are listed as Conditional Uses in the RS -12 zone; requiring special permit review prior to location or expansion. This application is similar to the Pasco School District application of 2010 for renovations to the high school baseball field and tennis courts and the Tri -City Prep School application in 2007 that included baseball fields and a football field as a part of the Prep School expansion plans. The site in question fronts West Henry Street east of Road 44 and contains a soccer field in the most basic form which the Academy wishes to improve with a track along the border, a six (6) foot fence along the W. Henry Street frontage, a Tri-City Junior Academy sign and a sports scoreboard. The site is effectively surrounded by single family residences except the parcel directly to the east contains the main Tri-City Junior Academy school facility and parking lot. Adjacent parcels to the west and north contain single family residences. It is common to locate schools and school related facilities within residentially zoned areas. The operation of the Tri-City Junior Academy and use of the related sports field does not generate nuisance complaints from neighboring residential properties. STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is zoned RS -12 (Suburban). 2. Public and private schools are conditional uses requiring special permit review. 3. The site is approximately 2.3 acres. 4. The site has 480 feet of road frontage along W. Henry Street. 2 5. An ingress /egress driveway is located at the east end of the site. 6. Properties to the north and west contain single family residences. 7. The Tri-City Junior Academy has been located on West Henry Street for 40 years. 8. Within the site is an existing sports field that is essentially undeveloped. 9. The Tri-City Junior Academy proposes to install an oval running track, a scoreboard, signage and fencing. CONCLUSIONS BASED ON STAFF 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? The proposed use is supported by the following plan policies or goals: Policy LU -2 -13 supports existing and future recreational, educational and cultural facilities and services. Policy LU -2 -C encourages adequate provisions be made for the recreational needs for future residents. Policy CF -5 suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. Policy CF -S -A encourages the appropriate location and design of schools throughout the community. 2. Will the proposed use adversely affect public infrastructure? All municipal utilities are currently available to the site from Henry Street. The proposal will not increase demands on public infrastructure. 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 surrounding vicinity can be characterized as residential in nature. It is common for schools and recreational facilities such as outdoor ball fields and running tracks to be located within residential neighborhoods. Similar recreational facilities have been developed within residential areas of the community without generating complaints received by the city. c 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? The tallest structure included in the proposal is a game scoreboard. The exact height and size of the scoreboard is undetermined at this time, but the applicant indicated that they do not intend to install an electric scoreboard. The applicant has stated that the scoreboard would be manually operated; containing no illuminations. A manually operated scoreboard would not discourage future residential development within the vicinity. One possible location of the scoreboard is indicated on the site plan included herein. 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? The proposed renovations to the Tri -City Junior Academy property will not increase the schools capacity to house more students. The proposal updates and improves existing facilities that have been in the neighborhood for 40 years. Pasco School District has recently completed similar recreational facilities renovations without disrupting the residential character of the adjacent neighborhoods. 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? It is unlikely that improvements to the existing recreation field will become a nuisance to surrounding residences or endanger public safety. A six foot fence is proposed along West Henry Street which will help secure field activities from spilling into the roadway. APPROVAL CONDITIONS 1. The Special Permit shall apply to parcel 119502084; 2. No outdoor sports light shall be permitted. Any new lighting related to securing the parking lot area shall be shielded from spilling onto adjacent residential properties; 3. West Henry Street shall be widened on the north half to create a half width of 18' on the north side. The widening shall be completed in accordance with the City of Pasco Local Access Street without Curbs standard. 4. A sign permit must be obtained prior to construction of signs and /or scoreboards; rd 5. Fencing along West Henry Street must not be solid fencing and shall be limited to a maximum of six (6) feet in height. 6. A building permit must be obtained prior to construction of any fencing; 7. The special permit shall be null and void if a building permit is not obtained by June 1, 2013. RECOMMENDATION MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the May 17, 2012 staff report. MOTION for Recommendation: I move based on the Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Tri -City Junior Academy for the redevelopment of a recreation field with conditions as contained in the May 17, 2012 staff report. 5 I■■■� ■� ■■ ■■ ■■ ■■_ ■ MIN IME! IN ow IME! IN IN I Em IN 1 1■■ ■■ ■ ■� ■■ ■i Mill i■■ ■ ■.. moose■ ■ ' ■ ■.IME ■ GENE■ ■ ■■ ■■ �■ ON ME! .■■ .■■ ■i■ on ■1 IN ONE ol ■■ m■ �■ Ell mm IN ■�i�M �� �■ ■■ IN 01111111111=11 �■■■■■ ■■ ■■ ■■ m ■ ■ �� ml ._ ■■■ ■t A 41 N O NO 0 .!y rw O O IMA 41 Cd 14 0 •74 V9 O O 0 7� I .40 4J 0 w b4b 0 OV4 rm 0 0 04 �1 r-+ NO O O 04 Planning Commission Minutes 4/19/2012 C. Special Permit Redevelopment of a school recreation field in an RS -12 Zone (Tri -City Jr. Academy) (MF# SP 2012 -008) Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, stated Tri -City Junior Academy was planning on redeveloping their recreation field to the west of the school building on West Henry Street. The site is approximately 2.3 acres and contains an existing ball field. Mr. O'Neill explained the proposed field improvements included installation of an oval running track with a football field in the center, a scoreboard, signage and fencing. Following an explanation of the proposal Mr. O'Neill reviewed the written report for the benefit of the Planning Commission Commissioner Hilliard asked if there was curb, gutter and sidewalk along the school frontage but not on West Henry and if the recommendation is to expand to an 18 foot width on West Henry. Mr. O'Neill answered that West Henry is developed to a rural standard with the edge of the pavement ending in dirt and grass. The expansion area would be along the field for a more urban standard but will not include curb, gutter and sidewalk. Commissioner Greenaway asked staff if there will be adequate parking. Mr. O'Neill answered that there is some parking on the site and the school is directly to the east and does contain additional parking. If the road is widened, there will also be more room for parking. Anthony Oucharek, 521 Road 35, the principal of the school, spoke on behalf of the special permit. He stated they plan to install a 6 foot fence along the property as requested by their insurer and to keep children safe. Plans also call for a small soccer field in the center of the track for after school games and for better use of the school facility. He does not believe it will increase traffic since they will not be holding any major events. Commissioner Kempf asked the applicant if he realized one of the conditions was that a sign permit must be obtained prior to the construction of signs or scoreboards. Mr. Oucharek answered that he was not aware of that. With no other comments, the public hearing was closed. Commissioner Kempf moved, seconded by Commissioner Greenaway, to close the hearing on the proposed redevelopment of a recreational field and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the May, 17, 2012 meeting. The motion passed unanimously. Planning Commission Minutes 5/17/2012 A. Special Permit Redevelopment of a school recreation field in an RS -12 Zone (Tri -City Jr. Academy) (MF# SP 2012 -0081 Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, explained staff had nothing to add unless the Commission had any questions. There were no questions from the Planning Commission. Commissioner Khan moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the May 17, 2012 staff report. The motion passed unanimously. Commissioner Khan moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Tri -City Junior Academy for the redevelopment of a recreation field with conditions as contained in the May 17, 2012 staff report. The motion passed unanimously. Mr. White stated this item will go to next regular City Council meeting on June 4, 2012 unless appealed. AGENDA REPORT NO. 10 FOR: City TO: Gary Crutchfie anager Ahmad Qayou c orks Director FROM: Michael A. Pawl , City Engineer SUBJECT: Award 2012 Overlays, Project #M3- OV- 3R -12 -02 I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary May 31, 2012 Regular Mtg.: 06/04/12 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 06/04: MOTION: I move to award the low bid for the 2012 Overlays Project, including the Base Bid plus Alternates E, F, G, M and N, to Granite Construction, Inc. in the amount of $1,509,532.34, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Overlay Fund A) This project involves resurfacing portions of several streets, the updating of adjacent pedestrian ramps to comply with current ADA standards, and restoring the existing pavement markings. The project also involves the resurfacing of the parking areas at GESA Stadium and Chiawana Park. B) The project was advertised on April 8, 2012 and April 15, 2012, with a bid opening on May 15, 2012. V. DISCUSSION: A) On May 15, 2012, staff received two (2) bids for the project. The bids were evaluated on the basis of a Base Bid Amount, with the low Base Bid being received from Granite Construction, Inc. in the amount of $1,215,732.09. The second lowest Base Bid was received from A &B Asphalt, Inc. in the amount of $1,689,025.87. The Engineer's Estimate for the Base Bid Project was $1,014,735.36. The Project Budget is $1,613,335.00. B) The overall project was assembled as a Base Bid which included roadways in different sections of the City and the overlay of the parking areas at GESA Stadium and Chiawana Park, plus several alternate streets and the GESA Stadium parking areas. This arrangement was used to provide flexibility and cost effectiveness in utilizing the City's available budget. C) The requested project award will include approximately 0.9 centerline miles (4,625 LF) of street overlay, 3.2 centerline miles (16,598 LF) of street microsurfacing, and 56,792 SY (11.75 Ac.) of parking area microsurfacing at Chiawana Park and GESA Stadium. D) The project award is approximately 16% over the Engineer's Estimate. E) Staff recommends award of the contract to Granite Construction, Inc. 10(a) N� CID W C Mi.. �a<"Y.JLYi . ► \ .ip.. .�� =Hlll* .. � ::Illlli...cnn•�•.p..�� MINI a . �,�Mllll�..u..u. JIIIDIIIIIIE�nInI �'■1= i�siCOMM 'a ���■naa i.'� . m■11f�� r 1�1�11111 sa..,,. 71111 � CIY777 � AM ifT 11 — - qua■_ 3IOffal ,, IIaW ■ ■u���: OWN nll www�111C„- MO 1111 M MOM n 1 � wl' ■� 1 v Illlllll: fill .1 r� Jwwlll�o= r wow ►� '�%_ -__ s ti� City of Pasco 2012 Overlays Project No. M3- OV- 3R -12 -02 May 15, 2012 BASE BID EVALUATION: Engineers Estimate Granite Construction, Inc. A &B Asphalt, Inc. AS AWARDED: Engineer's Estimate $1,014,735.36 $1,215,732.09 $1,689,025.87 $1,302,607.80 Granite Construction, Inc. $1,509,532.34