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)
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City of Pasco, Washington
Request for Proposal
for
Pasco Boat Basin Marina Operations
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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
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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.
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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;
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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.
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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)
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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