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2012.11.05 Council Meeting Packet
AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. November 5, 2012 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated October 15, 2012. 2. Minutes of the Special Pasco City Council Meeting dated October 29, 2012. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) To approve General Claims in the amount of $1,576,146.97 ($197,654.33 in the form of Electronic Fund Transfer Nos. 12114, 12117, 12129 and 12223; and $1,378,492.64 in the form of Wire Transfer Nos. 1250, 1251, and 1254 through 1258, and Claim Warrants numbered 189992 through 190242). 2. To approve Payroll Claims in the amount of $2,101,186.64, Voucher Nos. 44905 through 44993 and 80200 through 80209; and EFT Deposit Nos. 30054979 through 30055544. *(c) Water System Booster Pump Station: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated October 23, 2012. 2. Vicinity Map. 3. Utility Easement. To accept the utility easement from Dale Adams for the water system booster pump station on Harris Road and, further, authorize the City Manager to sign the easement document. (d) Tourism Promotion Area: 1. Agenda Report from Gary Crutchfield, City Manager dated October 17, 2012. 2. 2013 TPA Business and Marketing Plan (in Council packets 10/22/12; copy available for public review in the City Manager's office). 3. 2013 TPA Budget Summary. 4. 2013 TPA Special Project Expenditure. To approve the 2013 Business and Marketing Plan and Operating Budget for the Tourism Promotion Area in the total amount of $850,000. -AND - To approve the 2013 Special Project Expenditure for the Tourism Promotion Area in the amount of $75,000 to be funded from the TPA reserve balance. (e) Resolution No. 3438, a Resolution of the City Council of the City of Pasco, Washington supporting changes in the Energy Independence Act and Citizens for P- O -W -E -R ( "Protecting Our Washington Energy Rates "). 1. Agenda Report from Stan Strebel, Deputy City Manager dated October 17, 2012. 2. Issue Paper, Citizens for P- O- W -E -R. 3. Proposed Resolution. To approve Resolution No. 3438, supporting citizens for P- O -W -E -R and legislation narrowing the requirement for utilities to purchase renewable energy resources or credits when not needed to serve customer loads. (f) Resolution No. 3439, a Resolution declaring the City's legislative priorities for the 2013 session of the Washington State Legislature. 1. Agenda Report from Gary Crutchfield, City Manager dated October 25, 2012. 2. 2012 Legislative Priorities. 3. Resolution for 2013 Legislative Priorities. To approve Resolution No. 3439, declaring the City's legislative priorities for the 2013 session of the Washington State Legislature. Regular Meeting 2 November 5, 2012 *(g) Resolution No. 3440, a Resolution approving a preliminary plat for Sunset Village. 1. Agenda Report from Shane O'Neill, Planner I dated October 30, 2012. 2. Vicinity Map. 3. Proposed Resolution. 4. Preliminary Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the City's webpage at www.pasco-wa.gov/citycouncilmorts). 5. Report to the Planning Commission. 6. Planning Commission Minutes dated 9/20/12 and 10/18/12. To approve Resolution No. 3440, approving the Preliminary Plat for Sunset Village. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) Award Presentation from Department of Ecology. 2011 Outstanding Performance Award for the Waste Water Treatment Plant presented by Diana Washington and Ellie Key from the Department of Ecology. 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND /OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Resolution No. a Resolution of the City of Pasco directing the Planning Commission to develop an action plan for resolving issues involving automobile repair operations and violations of the Pasco Municipal Code. 1. Agenda Report from Rick White, Community & Economic Development Director dated October 30, 2012. 2. Proposed Resolution. MOTION: I move to approve Resolution No. directing the Planning Commission to develop an action plan resolving conflicts between violations of the Pasco Municipal Code and automobile repair businesses. Q *(b) Resolution No. a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of donation -based thrift shop at 1208 N. 20 '' Avenue. 1. Agenda Report from Jeffrey Adams, Associate Planner dated October 31, 2012. 2. Vicinity Map. 3. Proposed Resolution. 4. Planning Commission Report. 5. Planning Commission Minutes dated 9/20/12 and 10/18/12. MOTION: I move to approve Resolution No. , approving a Special Permit for the location of a donation -based thrift shop at 1208 N. 20°i Avenue as recommended by the Planning Commission. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (None) 3 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 November 5, 2012 1:30 p.m., Monday, November 5, KGH — Emergency Medical Services Board Meeting. ( COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 2. 12:00 p.m., Wednesday, November 7, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Meeting. ( COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 3. 7:00 a.m., Thursday, November 8, Cousin's Restaurant — BFCG Tri-Mats Policy Advisory Committee Meeting. ( COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 4. 5:30 p.m., Thursday, November 8, P &R Classroom — Parks & Recreation Advisory Board Meeting. ( COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.) 5. 7:00 p.m., Thursday, November 8, Transit Facility — Ben - Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER MIKE GARRISON, Alt.) 6. 10:30 a.m., Friday, November 9, Volunteer Park (southwest corner) — 4`° Street Safety Improvement Ribbon Cutting Ceremony. (MAYOR MATT WATKINS, ALL COUNCILMEMBERS INVITED TO ATTEND) REGULAR MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL OCTOBER 15, 2012 The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; 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 October 1, 2012. (b) Bills and Communications: To approve General Claims in the amount of $1,6117170.31 ($288,811.81 in the form of Electronic Fund Transfer Nos. 11741, 11755, 11782, 11792, 11862, 118727 11896, 118985 11906, 11931 and 11944; and $1,322,358.50 in the form of Wire Transfer Nos. 1252 and 1253, and Claim Warrants numbered 189758 through 189991). 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 $195,689.24 and, of that amount, authorize $134,603.81 be turned over for collection. (c) Grant of Easement: To approve the grant of easement to Daniel Voss and Linda Edmiston and, further, to authorize the City Manager to sign the document. (d) Second Amendment to Institutional Controls Agreement for Pasco Landfill Site: To approve the Second Amendment to the Pasco Landfill Institutional Controls Agreement and, further, to authorize the City Manager to sign the document. (e) Final Plat (MF #FP2012 -006) First Place, Phase 4 (Craig Angelo): To approve the final plat for First Place, Phase 4. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND /OR OFFICERS: Mr. Martinez reported on the Tri- Cities Regional Public Facilities District meeting and the Kurtzman Pool Neighborhood meeting. Mr. Hoffmann reported on the BFCG Tri-Mats Policy Advisory Committee. Mr. Yenney attended the Kurtzman Pool Neighborhood meeting. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 15, 2012 Mayor Watkins stated the Pasco Public Facilities District will present an alternative location for an aquatics facility at the November meeting of the Tri- Cities Regional Facilities District. He also reported on the Ben - Franklin Transit Board meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Senior Advisory /Parks & Recreation Advisory Council: Ordinance No. 4076, an Ordinance of the City of Pasco, Washington providing for reorganization of the Park and Recreation Advisory Board, MOTION: Ms. Francik moved to adopt Ordinance No. 4076, providing for reorganization of the Park and Recreation Advisory Board and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3436, a Resolution confirming Mayoral appointments to the Park and Recreation Advisory Board. MOTION: Ms. Francik moved to approve Resolution No. 3436, providing for appointments to the Park and Recreation Advisory Board. Mr. Martinez seconded. Motion carried unanimously. Resolution No. 3437, a Resolution of the City of Pasco, Washington, waiving competitive bidding requirements for the repair of Senior Center HVAC System on the basis of an emergency and providing for purchase from the single source of supply. Council and staff discussed the proposed Resolution. MOTION: Ms. Francik moved to approve Resolution No. 3437, waiving competitive bidding requirements for repair of the HVAC system at the Senior Center and approving the contract with Apollo Sheet Metal Inc., not to exceed $36,649.00 plus sales tax and, further, authorizing the City Manager to sign the agreement. Mr. Martinez seconded. Motion carried by the following Roll Call vote: Yes — Watkins, Yenney, Francik, Garrison, Hoffmann, Martinez. No — Larsen. MISCELLANEOUS DISCUSSION: Mayor Watkins complimented the Tri-City Herald on their recent "State of Agriculture" series. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:19 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 5 °i day of November, 2012. 2 MINUTES SPECIAL MEETING PASCO CITY COUNCIL OCTOBER 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, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Captain Ken Roske and Captain Jim Raymond, Police Department and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. BUSINESS ITEM - CONDUCT A PUBLIC HEARING: Area #2 Annexation. Mr. Crutchfield explained the history regarding the proposed annexation area. MAYOR WATKINS AT 7:15P.M. DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED AREA #2 ANNEXATION. Les Litzenberger, 6105 W Argent — oppose incorporation Tina Scott, 5809 W Agate — oppose incorporation Leo Faust, 2901 Road 56 — oppose incorporation; support annexation Alice Allison, 6121 W Melville — oppose incorporation Alicia Chabrier, 2909 N Road 76 — oppose annexation Curt Rabideau, 2316 Road 56 — support annexation Leonard Harms, 1705 Road 64 — oppose incorporation; support annexation Judy and Rick Dunbar, 3112 Chardonnay Dr — oppose annexation Erin Kniveton, 2317 Road 67 — oppose incorporation; support annexation Ron and Candy Hales, 9415 Merlot Dr — support annexation MAYOR WATKINS AT 8:51 P.M. CALLED A 5 -MINUTE BREAK: PUBLIC HEARING RESUMED AT 8:56 P.M. Larry and Sandy Gomez — 2105 Road 72 — oppose annexation Colleen Wright, 6021 W Melville Rd — oppose incorporation; oppose annexation Connie Sherman, 6105 Argent — oppose incorporation Roger Lenk, 1817 Road 76 — oppose annexation Lynn and Jim Steckline, 8520 W Livingston — oppose annexation Jan Tomlinson, 2117 Road 60 — oppose annexation Frank Votaw, 1802 Road 76 — oppose annexation Doug Gould, 8917 Sunset Trail — oppose annexation Susan Knox, 8805 Maple Dr — oppose annexation Steve Schlegel, 9304 W Richardson Rd — oppose annexation Valerie Carlson, 2800 N Road 56 — oppose incorporation; support annexation FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED AT 9:15PM. Ordinance No. 4077, an Ordinance of the City of Pasco, Washington relating to annexation and annexing certain real property to the City of Pasco. MOTION: Ms. Francik moved to adopt Ordinance No. 4077, annexing certain real property to the City of Pasco and, further, authorize publication by summary only. Mr. Garrison seconded. 3(a).2 MINUTES SPECIAL MEETING PASCO CITY COUNCIL OCTOBER 29, 2012 Motion carried by the following Roll Call vote: Yes — Hoffmann, Martinez, Watkins, Francik Garrison. No — Larsen, Yenney. EXECUTIVE SESSION: Council adjourned to Executive Session at 9:35 p.m. for approximately 15- minutes to evaluate a real estate acquisition proposal with the City Manager and City Attorney. Mayor Watkins called the meeting back to order at 9:45 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 9:45 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 2 "a day of October 29, 2012. CITY OF PASCO Council Meeting of: November 5, 2012 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the se is rendered .labor performed as described herein and that the claim is a just, due and unpaid bligatio gainst Pe city and that we are authorized to authenticate and certify to said claim. nyele Mason, Finan ervices Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 5th day of November, 2012 that the merchandise or services hereinafter specified have been received: Check Numbers and 189992 - 190242 In The Amount Of: $1,378,492.64 Electronic Funds Transfers: 1250, 1251, 1254 - 1258 Electronic Funds Transfers: 12114, 12117, 12129, In The Amount Of: $ 197,654.33 (Journal Entries) 12223 Councilmember GENERALFUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental Library TOTAL GENERAL FUND: Combined total of $1$76,146.97 Councilmember SUMMARY OF CLAIMS BY FUND: STREET ARTERIAL STREET STREET OVERLAY C. D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY BOULEVARD MAINTENANCE FUND ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN LITTER CONTROL REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING ECONOMIC DEVEL & INFRASTRUCT STADIUM /CONVENTION CENTER GENERAL CAP PROJ CONSTRUCTION WATER /SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL /DENTAL INSURANCE CENTRALSTORES PAYROLL CLEARING LID CONSTRUCTION PUBLIC FACILITIES DIST TRI CITY ANIMAL CONTROL SENIOR CENTER ASSOCIATION GRAND TOTAL ALL FUNDS: 512.72 566,451.98 38,686.58 0.00 1,890.60 368.84 5,157.58 0.00 229,219.43 0.00 39,013.09 0.00 0.00 51,046.68 0.00 $ 13576,146.97 3(b).1 CITY OF PASCO Council Meeting of. Payroll Approval November 5, 2012 The City Council City of Pasco Franklin County, Washington The folio s a summa ayroll claims against the City of Pasco for the month of October 2012 ich re prese d he with for your review and approval. 1 Gary Cru ch ity Ma ger Rick Terw , Administrative & C m unity 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. 44905 through 44993 and 80200 through 80209 and EFT deposit No's. 30054979 through 30055544 and City contributions in the aggregate amount of $2,101,186.64 are approved for payment on this 5th day of November 2012. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERALFUND: Legislative Judicial Executive Police Fire Administrative & Community Services Community Development Engineering TOTAL GENERAL FUND CITY STREET BLOCK GRANT HOME CONSORTIUM NSP MARTIN LUTHER KING CENTER AMBULANCE SERVICE FUND CEMETERY ATHLETIC FUND SENIOR CENTER STADIUM OPERATIONS MULTI -MODAL FACILITY BOAT BASIN REVOLVING ABATEMENT FUND TASK FORCE WATER /SEWER EQUIPMENT RENTAL - OPERATING OLD FIRE PENSION FUND GRAND TOTAL ALL FUNDS Payroll Summary Net Payroll Employee Deductions Gross Payroll $ 7,873.94 6,132.75 80,233.86 172,492.88 66,324.94 12,394.58 605,651.90 1,683.90 282,339.59 13,879.97 293,524.40 86, 705.70 0.00 106,390.23 0.00 0.00 1,529,044.56 39,903.91 5,217.93 3,091.26 106.64 6,132.75 172,492.88 12,394.58 1,683.90 13,879.97 0.00 0.00 0.00 0.00 0.00 282,639.99 27,744.35 6,853.92 $ 2,101,186.64 958,004.20 595,701.65 1,553, 705.85 City of Pasco Contributions 547,480.79 Total Payroll $ 2,101,186.64 3(b).2 AGENDA REPORT NO. 18 FOR: City Counci TO: Gary Crutch anager FROM: Ahmad a ou i ub Ti Works Director Q y cto SUBJECT: Water System Booster Pump Station I. REFERENCE(S): 1. Vicinity Map 2. Utility Easement October 23, 2012 Regular Mtg.: 11/5/2012 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/05: MOTION: I move to accept the utility easement from Dale Adams for the water system booster pump station on Harris Road and, further, authorize the City Manager to sign the easement document. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A) The subject property is situated between the I -182 and Harris Road right of way. It is a small triangular remnant from when the right of way was obtained to build I -182 and Harris Road. During the design of the irrigation and water line transmission lines, it was determined to be an ideal location for a booster station to pump irrigation water to the east and north. V. DISCUSSION: A) Mr. Dale Adams, the property easements for an irrigation pump Tax Parcel ID No 115- 210 -022. granted allowing sufficient space of the easements and condition irrigation pump station. owner, has agreed to give the City permanent station and water pipelines on parcels recorded as Temporary construction easements are also being for a contractor to build the facilities. Acceptance would allow construction of the pipelines and Staff recommends acceptance of the easements from Mr. Dale Adams. 3(c) L.L W n O 0 am V J W 0 "c` AFB -'Ffli Aied �Co AKSgoM /N PERPETUAL UTILITY EASEMENT Document Title: Perpetual Utility Easement Grantor: Dale C. Adams 907 Eagle Ridge Drive Danville, CA 94506 Grantee: City of Pasco, Washington Abbreviated Legal Description: Ptn of S 1/2 of Section 7, Township 9 North, Range 29 East, W.M Assessor's Tax Parcel Number: 115210022 The GRANTOR, Dale C. Adams, an individual, for mutual consideration acknowledged, being the owner of the following described lands, hereby grants to the GRANTEE, the City of Pasco, Washington, a Municipal Corporation, and to its successors or assigns, the following: The sole use of a perpetual non - exclusive variable width utility easement for the purpose of constructing, operating, maintaining, and all other uses or purposes which are or may be related to a water booster pump station and accompanying underground water main with appurtenances, together with an underground electrical power system with appurtenances, upon, over, and under that portion of real property described as follows: LEGAL DESCRIPTION: SEE EXHIBIT A It is expressly understood that the Grantee shall have full power and authority of ingress and egress over and across the above described property to construct, operate, and maintain a water booster pump station, accompanying underground water main with appurtenances, and an underground electrical power system with appurtenances, on or under the said easement area; to inspect and make such repairs, changes, alterations, improvements, removals from, and substitutions and additions to, their facilities as the Grantee may from time to time deem advisable; to cut, trim and control the growth by chemical means, machinery or otherwise, of trees and shrubbery located within the easement area; to keep said easement area clear of all buildings, structures or other obstructions and to license, permit or otherwise agree to the joint use of occupancy of the trench and related underground facilities, by any other person, association, corporation, or municipality. Grantor will not cut off access to the property. Grantee shall cause no liens to stand against the property. The Grantee agrees to indemnify, defend and hold harmless the Grantor from any and all claims, causes of action, losses, damages, and expenses which arise solely from the negligent acts or omissions of the Grantee, its employees, agents or contractors or any breach by them of applicable law or agreement. However, the Grantee shall not be responsible for Grantor or Grantor's agents, guest, or employees for any damages or injury to any person or property caused by acts or omissions of Grantor, including Grantor's agents, guests, or invitees pursuant to this Easement. The rights and obligation of the parties shall be for the benefit of and be binding upon their respective successors, heirs, and assigns. The Perpetual Easement described herein touches and concerns that real property described above and shall run with the land. DATED this ZP91day of L 2012 DALE A S STATE OF CALIFORNIA ) COUNTY OF eef*d` �`��`� ss: On this /0 'day of Sl "'� 40� J 2012, before me, a Notary Public in and for the State of California, duly commissioned and sworn, personally appeared e_ C'• %tc''"' S , who acknowledge Im erself as the owner of record who executed the foregoing instrument, and acknowledged the said instrument to belpPler free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath states thaiCFiee he, is authorized to execute the said instrument. CRISTINA 0. PARAN ComiMSSbn N 1858811 Not" pamic - Cautornfs Contra Costs Cowry M o m. 6 irss OM 31.201 APPROVED AS TO FORM ONLY: Notary Public in and for the State of California residing at My Commission expires: ACCEPTANCE OF DEDICATION Leland B. Kerr, City of Pasco Attorney Date Gary Crutchfield, City of Pasco City Manager Date EXHIBIT " A" A VARIABLE WIDTH EASEMENT FOR THE BOOSTER PUMP STATION AND PIPING A VARIABLE WIDTH PERMANENT EASEMENT DESCRIBED AS FOLLOWS: BEING ALL THAT PORTION OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERDIAN, FRANKLIN COUNTY WASHINGTON LYING SOUTHEASTERLY OF HARRIS ROAD AND LYING NORTHWESTERLY OF HIGHWAY I -182 -7�2V(, U J rw Z O O O zW OZ F¢ N of W as f = mF as 3 w J m cr C P .W 0 I n Ln . CL o wM 7 J 3 O m O ¢ 0 O N W W O NO O xom¢N1 aOf 3m W ZO v7 m�� Ss, Nz 0)i t W=W rn o:: N Z_ _ Z 2 cn N ' I H < H �r Z� O H--I F- (-)0 W O N Z Z J Y Z LLJ ¢ H ¢� U O J U J rw Z O O O zW OZ F¢ N of W as f = mF as 3 w J m cr C P .W 0 J V) n Ln . CL o wM 7 J O m m ¢ 0 O N W W O NO O xom¢N1 aOf 3m � N rn �wm nN m�� Ss, 0)i Ln W=W rn .... N 00 0 O 0 O n Ln r U u U VJ o N O AGENDA REPORT TO: City Council October 17, 2012 FROM: Gary Crutchfie Manager Workshop Mtg.: 10/22/12 Regular Mtg.: 11 /5/12 SUBJECT: Tourism Pro tion rea I. REFERENCE(S): 1. 2013 TPA Business and Marketing Plan (Council packets only; copy available in City Manager's office for public review) 2. 2013 TPA Budget Summary 3. 2013 TPA Special Project Expenditure II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/22: Presentation by Kris Watkins, President and CEO, Tri- Cities Visitor and Convention Bureau. 11/5: MOTION: I move to approve the 2013 Business and Marketing Plan and Operating Budget for the Tourism Promotion Area in the total amount of $850,000. MOTION: I move to approve the 2013 Special Project Expenditure for the Tourism Promotion Area in the amount of $75,000 to be funded from the TPA reserve balance. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: A) The Tourism Promotion Area (TPA) was formed in late 2004 to generate and administer the proceeds of a "per room night assessment" on hotels /motels in the Tri- Cities, imposed by the hotels themselves. B) The interlocal agreement (between Pasco, Kennewick and Richland) that created the TPA requires the annual budget and expenditure from the reserve account for the TPA to be approved by the City Council. V. DISCUSSION: A) The TPA "assessment" is remitted by the hotels to the state which, in turn, distributes it to the city in which it was collected. The city is obligated to pass the funds to the TPA, for use in accordance with the approved budget. B) The TPA Commission has voted unanimously to request an additional $75,000 in special project expenditures for 2013 from the reserve account for the following: Washington Wine Country Branding ............................ ........................$10,000 Opportunity Fund Increase ............. ............................... ........................$10,000 Golf & Wine Ad Campaign ............ ............................... ........................$30,000 Winery Matching Ad Program ............................... ............................... $25,000 TOTAL............................. ............................... $75,000 C) Council should approve the 2013 TPA Operating Budget and Special Project Expenditures or indicate changes necessary to gain approval. 3(d) Budget Summary Revenues Kennewick Pasco Richland 2012 Budget $344,000 $180,600 $335,400 40% 21% 39% Proposed 2013 $357,000 $187,000 $306,000 22% 36% Total: $86090007 1000/0 $850,000 100% Expenditures $349,662 40.7% $358,162 42% Group Markets City Wide Conventions Associations Corporate & Government SMERF (social, military, education, religious, fraternal) Sports Housing & Groups Services $56,262 7% $57,762 63% Tourism Development $180,313 21% $180,313 21.4% Administration $178,763 21% $178,763 21% (administrative staff, office supplies, rent, telephone postage, equipment maintenance, etc.) Opportunity Fund $706000 8% $50,000 5.9% Accounting /Professional $22,000 2% $22,000 2.6% Capital Expenditures $3,000 0.3% $3,000 0.4% Total: -25- $860,000 1 100% 1 $850,000 1 100% O a Q N Ln tD 4=J c 4 J CU +-j o V < m .. cu j Q) to 0 a > CU � c au v �} u 4 ( Q u ao. R3 cz •- L co 0 (J7 :3 Zj p O t' t[S 3 �.�.r c LLM tkO co CL O LL CL crm AGENDA REPORT FOR: City Council October 17, 2012 TO: Gary Crutchfrel anager Workshop Mtg.: 10/22/12 Regular Mtg.: 11/5/12 FROM: Stan Strebel, D uty City Manager SUBJECT: Resolution Supporting Amendments to the Energy Independence Act and Citizens for P- O -W -E -R (Protecting Our Washington Energy Rates) I. REFERENCE(S): 1. Issue Paper, Citizens for P- O -W -E -R 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/22: Discussion 11/5: MOTION: I move to approve Resolution No.. . supporting Citizens for P -O- W-E-R and legislation narrowing the requirement for utilities to purchase renewable energy resources or credits when not needed to serve customer loads. III. FISCAL IMPACT: If Franklin PUD is required to purchase energy that it does not need, the effect will be to increase rates, with a corresponding negative impact on the local economy. IV. HISTORY AND FACTS BRIEF: V. A) Washington voters' approval of Initiative 937, the Energy Independence Act (EIA) in 2006, requires qualifying utilities to increase renewable energy to 15% by 2020 and to undertake conservation requirements beginning in 2010. B) The EIA was not supported locally and in Eastern Washington, perhaps in large part due to its exclusion of hydropower, the source of 67% of the state's electricity, as a defined renewable energy resource. C) An unintended consequence of the EIA is that its mandates require utilities to acquire additional "renewable" power even if such power is not needed to serve customers. While Franklin PUD is currently not required to meet the renewable resources mandates, it projects that it will be within a few years (when it will house 25,000 customers). D) While successful conservation efforts and decreased demand due to the economic downturn have reduced the demand for power, it does not make sense to require utilities to purchase unneeded (more expensive, "renewable ") power. Required, unnecessary purchases will negatively impact electric rates paid by the City and its residents and businesses. E) Electric Utilities attempted to make changes in the Energy Independence Act during the 2012 state legislative session but were met with opposition from environmental organizations and renewable energy developers. The Tri -City Regional Chamber of Commerce has decided to take a lead role in organizing a grassroots effort toward convincing the legislature that paying for unneeded energy will be detrimental to the economy and to adopt reasonable changes to the EIA. A) Staff recommends Council adoption of the proposed resolution. 3(e) CITIZENS FOR n EmR . MOTECTMG MIM ASHINGMN ©NERDY DATES 11 114 Citizens for P.O.W.E.R. is a coalition formed by concerned businesses, governments and individuals about rising energy rates due to the unintended consequences of Initiative 937 — the Energy Independence Act. While the Initiative was intended to increase energy conservation and the use of renewable energy resources, utilities across the state are now required to purchase eligible renewable power even if they For more information: don't need it to serve their customers. These unneeded costs are www.wapower.net Patrick Conrad passed on to consumers of Washington State. Tri -City Regional Chamber of Commerce Utilities have tried to make changes through proposed legislation, 509 - 736 -0510 but environmental organizations and renewable energy developers have pushed to defeat any bills that amend the EIA. Background: The Energy Independence Act (Initiative 937 passed by voters in 2006) requires To be successful in Olympia, legislators need to hear from people — utilities with 25,000 or more customers the ones who are ultimately impacted when energy rates go up - to use eligible renewable resources to meet a portion of load (3% in 2012, 9% in including families and seniors on fixed incomes, agriculture and 2016, and 15% in 2020) and to acquire all businesses of all sizes. cost- effective conservation starting in 2010. The EIA narrowly defines eligible renewables and excludes most The Tri -City Regional Chamber of Commerce is taking the lead to hydropower, the most cost effective amend the Energy Independence Act by forming the - Citizens for renewable resource that supplies over two - thirds of the state's electricity. To P.O.W.E.R coalition. This grassroots effort is needed to make an meet the requirements, utilities must impact in Olympia, protect our power rates and ultimately our purchase other, more expensive economy. The main goal is to not change the original intent of the renewable resources even if not needed — in many cases displacing clean hydro Initiative which is to promote renewable resources and power and discouraging conservation. conservation, but to protect consumers from paying for unneeded power costs that utilities must pass on to them. A website, www.wapower.net, is available with background information, news articles and recruitment capabilities. The Chamber has passed a resolution of support and the POWER coalition is reaching out to others to generate additional support locally and statewide. By working together, we can amend the EIA to protect consumer energy rates in Washington State. RESOLUTION NO, A RESOLUTION of the City Council of the City of Pasco, Washington supporting changes in the Energy Independence Act and Citizens for P- O -W -E -R ( "Protecting Our Washington Energy Rates "). WHEREAS, the Energy Independence Act (EIA), requires qualifying utilities to incrementally increase the amount of eligible renewable resources to 15 percent by 2020 and to pursue all cost - effective conservation requirements starting in 2010, and the eligible renewable resources are narrowly defined to exclude existing hydropower, a clean renewable resource supplying over two - thirds of the electricity in the state of Washington; and WHEREAS, many utilities' energy demands are not growing as projected or have declined due to the combination of successful conservation programs and the poor economy; and WHEREAS, the EIA requires qualifying utilities to purchase specific eligible renewable energy recourses or renewable energy credits even if the utilities do not need additional power, and the purchase of unneeded eligible renewable energy resources or renewable energy credits will have a detrimental impact on utility budgets and increase customer rates and negatively affect the economy; and WHEREAS, a change in the law is needed to provide qualifying utilities the choice to avoid the purchase of unneeded renewable energy or renewable energy credits, and could be made without changing the overall intent of the EIA, which is to encourage the use of conservation and the use of renewable energy resources; and WHEREAS, a change in the law is needed to protect ratepayers from unnecessary additional costs which will result in unwanted rate increases and further encumber the economy; NOW, THEREFORE, BE IT RESOLVED that the Pasco City Council hereby supports a legislative change to the EIA to protect utilities from requirements to purchase renewable energy resources or renewable energy credits not needed to serve customers' loads. AND, BE IT FURTHER RESOLVED that the Pasco City Council hereby supports Citizens for P- O -W -E -R (Protecting Our Washington Energy Rates). PASSED by the City Council of the City of Pasco at its regular meeting dated this 5th day of November, 2012. Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT TO: City Counc FROM: Gary Crutc y ' Manager SUBJECT: 2013 Legislati a Priorities I. REFERENCE(S): 2012 Legislative Priorities Resolution for 2013 Legislative Priorities October 25, 2012 Regular Mtg.: 11/5/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/5 MOTION: I move to approve Resolution No. .5 , declaring the city's legislative priorities for the 2013 session of the Washington State Legislature. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) The city contracts with a legislative consultant based in Olympia to monitor the state legislature session each year and to advance the city's legislative agenda accordingly. Each fall, the city provides the consultant its "legislative priorities," representing the most important of the many legislative desires of the city. Attached as Reference No. 1, is the list of priorities used during the 2012 session. V. DISCUSSION: A) The proposed resolution reflects a modified list of legislative priorities, for the 2013 session. The continuing goal of obtaining construction funding for the Lewis Street Overpass project has been updated; otherwise, it is the same list as used in the 2012 session. B) Staff requests Council action so that the priorities list can be prepared and disseminated to parties of interest (including the Tri- Cities Legislative Council). 3(fi) Matt Watkins, Nllayor #14, Pasco 509- 416 -6696 Gary Crutchfield, City Manager 509-545-3404 citynianaacr@yascc- wa.gov Prionties, 2012 www.nasco -wa gov cat PRESERVE 46STATE- SHARED REVENUES" FOR CITIES: Pasco receives more than one million dollars annually from the state, categorized as "state- shared revenues" (liquor excise tax, liquor board profit, nuclear generating tax, sales tax mitigation, city /county assistance, etc.). Given the increasing difficulty of the state in balancing its budget, these payments to cities may be in jeopardy during the 2012 session; their loss would jeopardize delivery of important local services. cat LEWIS STREET OVERPASS: The overpass project (which replaces a 1937 railroad underpass on a former state highway) is a major Council priority which will require federal and state funding, as the $27 million construction cost is simply beyond the financial capacity of local taxpayers. With prior aid from the state, the city is completing right -of -way acquisition and has completed design of the new structure; the project will be "shovel ready" by July 2012. The City must seek construction funding allocations from the state and federal governments to make this essential replacement project a reality. tat GANG ACTIVITY: AWC is seeking legislative authorities for cities to combat gang activity in their communities as well as funding for gang intervention and prevention activities. Communities see the need for legislation to clarify that "gang houses" are a nuisance and can be abated, just as houses of prostitution are already defined as nuisances and can be abated. Doing so would remove the tenants from the house; thus, removing from the immediate neighborhood a serious threat to its viability and safety. tat BINDING ARBITRATION LAW: Under state law, police and fire personnel are guaranteed binding arbitration for wages and benefits (in lieu of the right to strike). While arbitration can be an appropriate form of contract resolution disputes, the current statutory language obligates the arbitrator to give paramount consideration to what "comparable departments" are paying, rather than the ability of the particular employer to absorb the additional cost. Police officers and firefighters collectively represent about half of total general fund expenditures; cost impositions beyond the city's fiscal capacity can have severe consequences on other important city services and, in some cases, may even hamper public safety. Modification of the arbitration statute to "level the field" would better balance the interests of uniformed employees with those of the taxpayer. CA PUBLIC RECORDS REFORM: Support reform to statutes governing public records requests. While the city recognizes the need for and benefits of transparency and accountability in government, all too often the right to obtain public records is abused and extraordinary public costs are absorbed by cities. Statutory reform is needed to: provide cost reimbursement; require "meet and confer" process to reduce abuse and avoid legal conflicts; as well as other reforms to assure public records requests are not used as harassment. cat ELECTION OF JUDGES: The Bureau for Judicial Administration's perennial effort to require that all judges (including part -time) be elected will again require involvement of cities. Appointed judges are equally qualified professionally and there is no compelling evidence that appointed judges are a threat to the administration of justice. In fact, requiring election of all judges would be very problematic for part-time courts, particularly in small and rural communities found throughout eastern Washington. Pasco should continue to join other cities to oppose mandatory election of municipal court judges. CA MARIJUANA LAWS: The conflicting array of current federal and state laws regulating the possession and use of marijuana create very real confusion for citizens and potential liabilities as well for local governments. The state should refine its marijuana laws so as to avoid conflict with federal law and/or indemnify local governments for compliance with conflicting state and federal laws relating to marijuana. City of Pasco Resolution 03345, Approved September 19, 2011 RESOLUTION NO. -9 A RESOLUTION declaring the city's legislative priorities for the 2013 session of the Washington State Legislature. WHEREAS, the Washington State Legislature conducts its annual legislative session during the first few months of each calendar year; and WHEREAS, the City of Pasco, as a municipal corporation and subdivision of the state, can be substantially affected by the actions of the legislature; and WHEREAS, over the past several years, the city has contracted with a legislative consultant to assist its effort to monitor and influence actions of the state legislature so as to minimize negative consequences of new legislation as well as to realize legislative action that will benefit the majority of Pasco citizens; and WHERAS, the City Council desires to identify its legislative priorities for the 2013 legislative session so they can be provided to state legislators prior to commencement of the next legislative session; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the legislative objectives stated herein below constitute the priorities of the City of Pasco for the 2013 legislative session. PRESERVE "STATE- SHARED REVENUES" FOR CITIES: Pasco receives nearly One million dollars annually from the state, categorized as "state- shared revenues" (liquor excise tax, nuclear generating tax, sales tax mitigation, city /county assistance, etc.). Given the increasing difficulty of the state in balancing its budget, these payments to cities may be in jeopardy during the 2013 session; their loss would jeopardize delivery of important local services. LEWIS STREET OVERPASS: The overpass project (which replaces a 1937 railroad underpass on a former state highway) is a major Council priority which will require federal and state funding, as the $27 million construction cost is simply beyond the financial capacity of local taxpayers. With prior aid from the state, the city has completed right -of -way acquisition and design of the new structure; the project is now "shovel ready." The City must seek construction funding allocations from the state and federal governments to make this essential replacement project a reality. GANG ACTIVITY: AWC is seeking legislative authorities for cities to combat gang activity in their communities as well as funding for gang intervention and prevention activities. Communities see the need for legislation to clarify that "gang houses" are a nuisance and can be abated, just as houses of prostitution are already defined as nuisances and can be abated. Doing so would remove the tenants from the house; thus, removing from the immediate neighborhood a serious threat to its viability and safety. BINDING ARBITRATION LAW: Under state law, police and fire personnel are guaranteed binding arbitration for wages and benefits (in lieu of the right to strike). While arbitration can be an appropriate form of contract resolution disputes, the current statutory language obligates the arbitrator to give paramount consideration to what "comparable departments" are paying, rather than the ability of the particular employer to absorb the additional cost. Police officers and firefighters collectively represent about half of total general fund expenditures; cost impositions beyond the city's fiscal capacity can have severe consequences on other important city services and, in some cases, may even hamper public safety. Modification of the arbitration statute to "level the field" would better balance the interests of uniformed employees with those of the taxpayer. PUBLIC RECORDS REFORM: Support reform to statutes governing public records requests. While the city recognizes the need for and benefits of transparency and accountability in government, all too often the right to obtain public records is abused and extraordinary public costs are absorbed by cities. Statutory reform is needed to: provide cost reimbursement; require "meet and confer" process to reduce abuse and avoid legal conflicts; as well as other reforms to assure public records requests are not used as harassment. ELECTION OF JUDGES: The Bureau for Judicial Administration's perennial effort to require that all judges (including part-time) be elected will again require involvement of cities. Appointed judges are equally qualified professionally and there is no compelling evidence that appointed judges are a threat to the administration of justice. In fact, requiring election of all judges would be very problematic for part-time courts, particularly in small and rural communities found throughout eastern Washington. Pasco should continue to join other cities to oppose mandatory election of municipal court judges. MARIJUANA LAWS: The conflicting array of current federal and state laws regulating the possession and use of marijuana create very real confusion for citizens as well as potential liabilities for local governments. The state should refine its marijuana laws so as to avoid conflict with federal law and/or indemnify local governments for compliance with conflicting state and federal laws relating to marijuana. Section 2. The City Manager is hereby directed to inform state legislators and other appropriate parties of the City's 2013 legislative priorities. PASSED by the City Council of the City of Pasco at its regular meeting this 5th day of November, 2012. Matt Watkins Mayor ATTEST: Debra Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney 2013 Legislative Priorities Page 2 AGENDA REPORT FOR: City Council 1 1 October 30, 2012 TO: Gary Crutchfiel r anager Regular Mtg.: 11/5/12 Rick White, Community & Economic Development Director 04 FROM: Shane O'Neill, Planner I SUBJECT: PRELIMINARY PLAT: Sunset Village (Road 90) (MF# PP 2012 -003) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Preliminary Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.pasco- wa.gov/cit3Lcouncilreports). 4. Report to the Planning Commission 5. Planning Commission Minutes: Dated 9/20/2012 & 10/18/2012 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1115: MOTION: I move to approve Resolution No.:JTyiJ approving the Preliminary Plat for Sunset Village. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On August 20, 2012, the Planning Commission conducted a public hearing to develop a recommendation for the City Council on the Preliminary Plat for Sunset Village. Sunset Village is a proposed 26 -lot subdivision located near the intersection of Road 90 and Wilshire Drive. B. Following the conduct of a public hearing, the Planning Commission determined that with conditions related to sewer service and other infrastructure needs, the Preliminary Plat could be recommended for approval. The recommended conditions are contained in the attached resolution. C. No written appeal of the Planning Commission's recommendation has been received. 3(g) RESOLUTION NO._ A RESOLUTION APPROVING A PRELIMINARY PLAT FOR SUNSET VILLAGE. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS, owners and developers of property situated in the southeast quarter of Section 9, Township 9 North, Range 29 East, W.M., have requested approval of a preliminary plat; and, WHEREAS, the Planning Commission has reviewed said preliminary plat which is named Sunset Village; and, WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the preliminary plat for Desert Estates III Phase 9, located in the southeast quarter of Section 8, Township 9 North, Range 29 East W.M., is hereby approved with the following conditions: 1. At the time lots are developed, all abutting roads and utilities shall be installed to City standards as approved by the City Engineer. This includes, but is not limited to water and sewer lines, streets, street lights and storm water retention. Sidewalks must be installed along the frontage Road 90 as a part of the Plat improvements. All sidewalks must conform to current City standards and the Americans with Disabilities Act (ADA) requirements. All utilities must be installed underground. 2. Common Tracts "A" and `B" must be landscaped and maintained in a healthy growing condition before the ninth Certificate of Occupancy for dwelling units may be issued. All required landscape areas shall be installed to meet the minimum landscape standards set forth in PMC 25.75.080. Prior to installation of landscaping a landscape plan must be submitted and approved by the Community & Economic Development Director. 3. The developer must file Covenants, Conditions, Restrictions and Reservations (CC &R's) establishing an Owners Association with management and maintenance responsibilities for all common areas, common driveways and parking, common fencing, clubhouse, private utility lines and facilities, common landscaping and easements. Said CC &R's must run with the land and be binding on all heirs, assigns, transferees and subsequent successors in interest. The Auditors file number of said recording must be shown on the Final Plat. 4. Lots 1 and 26 abutting Road 90 shall not have direct access to said road. Access shall be prohibited by means of deed restrictions or statements on the face of the Final Plat(s). 5. Each lot shall have parking for a minimum of two vehicles. 6. Nine visitor parking spaces shall be provided within the Plat. 1 7. The developer shall install a common fence /wall six -feet in height along the south property line. A fencing detail must be included on the subdivision construction drawings. Maintenance and upkeep of said fence must be the responsibility of the subdivision Owners Association. All Final Plats shall include a note that clearly indicates the maintenance responsibility for the fence is the responsibility of the Owner's Association including the removal of graffiti. 8. The developer /builder shall pay the "traffic impact fee" established by ordinance at the time of issuance of building permits for homes. Fees collected shall be placed in a fund and used to finance signalization and other improvements necessary to mitigate traffic impacts on the circulation system within the I -182 corridor. 9. The private on -site water system must have a water meter and backflow preventer at the right -of -way line. The water meter must be located out of the street and in the right -of -way. The size of the meter and backflow preventer must be adequate to serve the 26 lots and two tracts within the plat. All water utility structures and appurtenances must follow City standards between the main and the backflow preventer. 10. A private fire line, with appropriate backflow prevention, will be required for the subdivision. The size of the meter and backflow preventer must be adequate to serve the fire hydrants necessary for the plat. All water utility structures and appurtenances must follow City standards through the backflow preventer. 11. The existing sewer stub must be utilized or the existing stub must be removed and replaced by a new service line to the manhole. A new, private manhole must be installed at the property line to provide access to the sewer system without utilizing the existing public manhole. 12. All storm water generated on the site must remain on the site including storm water generated on the private driveway. All storm water must have pretreatment prior to being discharged into the ground. 13. No grading activity shall commence without a dust control method approved by the Inspection Services Manager for the entire site. Dust control shall be available on site 24 hours per day. The developer shall insure active and ongoing dust, weed and litter abatement activities occur during the construction of the subdivision and construction of dwellings thereon. 14. The developer shall be responsible for the creation of record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form shall be signed by the developer prior to plan approval. 15. All engineering designs for infrastructure and Final Plat drawings shall utilize the published City of Pasco Vertical Control Datum and shall be identified on each such submittal. 16. The common driveway and parking areas shall be identified as an access and utility easement. An additional easement shall be provided as needed for the Franklin County PUD for electrical vaults. The width and length of the additional PUD easement shall be determined by the PUD. 17. The Final Plat shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this Plat is 2 responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the Plat ". 18. Prior to the City of Pasco accepting construction plans for review the developer must enter into a Storm Water Maintenance Agreement with the City. The developer will be responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement must be presented to the City of Pasco at the first intake meeting for construction plans. 19. The developer will be required to conform to all conditions set forth in the Storm Water Maintenance Agreement to the satisfaction of the City Engineer. 20. The developer will be required to comply with the City of Pasco Civil Plan Review process. Passed by the City Council of the City of Pasco this 5"' day of November, 2012. Matt Watkins, Mayor ATTEST: Debra L. Clark, CMC City Clerk 3 APPROVED AS TO FORM: Leland B. Kerr, City Attorney REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 2012 -003 APPLICANT: Dave Richards (Crest LLC) HEARING DATE: 9/20/2012 P.O. Box 38 ACTION DATE: 10/18/2012 Clarkston WA, 99403 BACKGROUND REQUEST: Preliminary Plat: Sunset Village, 26 -Lots (Multi -Famil 1. PROPERTY DESCRIPTION: Legal: General Location: Property Size: Number of Lots Proposed: Square Footage Range of Lots: Average Lot Square Footage: Lot 5, Cole Estates Road 90, approximately 960 feet north of Sandifur Parkway 4.7 Acres 26 lots and 2 tracts 5,700 ft2 to 8,686 ft2 with a 24,382 ft2 and an 11,328 ft2 common area tract 6,480 ft2 (excluding Tract "A" &"1327) 2. ACCESS: The property will have access from Road 90. A 28 foot wide private road will provide access to each lot. 39 UTILITIES: Municipal sewer and water services are currently available from the main in Road 90. 4, LAND USE AND ZONING: The site is zoned R -3 (Medium Density Residential) with a concomitant agreement limiting the residential density to 30 units. Surrounding properties are zoned and developed as follows: NORTH: R -1 - Single Family Residences SOUTH: C -1 -Vacant EAST: R -1 - Single Family Residences WEST RT -Vacant 51 COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for mixed residential development. According to the Comprehensive Plan, mixed residential development means 5 to 20 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for mixed residential uses when or where: sewer is available, the location is convenient to major circulation routes, the site serves as a transition between more intense uses and low density uses, and when there is a market demand. Goal H- i 2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU -2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 66 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, comments received from the Pasco School District, and other information, the City has issued a Mitigated Determination of Non - Significance (MDNS) for this project under WAC 197 -11 -158. ANALYSIS The site was originally part of Coles Estates, which was developed as a rural large lot subdivision 45 years ago. The property was annexed to the City in 1982 and zoned RT (Residential Transition). The RT zone is essentially used as a holding zone that is applied to properties until public services are available or can be conveniently extended. Road 90 was constructed in 2009 and water and sewer service were brought to the property in the same year. Following the land use designation of the Comprehensive Plan, the property was rezoned to R -3 earlier this year. The rezone restricted development on the site to no more than 30 dwelling units. The rezone included other limitations dealing with building heights (limited to 30 feet) and setbacks (at least 15 feet on the north and east depending on yard orientation). The applicant is proposing to subdivide the 4.7 acre site in question into 26 lots and two tracts to allow the construction of 26 zero lot -line single - family residences. Essentially the developer is proposing to build 12 duplex buildings and two single family homes or 10 duplex units and two tri- plexes. Each dwelling unit will occupy an individual lot in the same manner as the duplexes and multi - family buildings do in the Mediterranean Villas development to the west. The proposal for Sunset Village is identical to the process that was used for the recent approval of the Navigator Villas development now being built on Road 68 and Powerline Road. Individual lots were created through the platting process with a common driveway, parking area and common areas including an area for a clubhouse. The Island Estates Row Home development in the Island Estates subdivision (Phase 8) and the Mediterranean Villas subdivision are also examples of multi - family developments that were established through the platting process. Each of these subdivisions were zoned for multi - family development and later platted into individual lots. The lot lines within these subdivisions became the common boundary line separating the dwelling units. LOT LAYOUT: The proposed plat contains 26 lots; with the lots varying in size from 5,700 square feet to 8,686 square feet; the average size being 6,480 2 square feet. The Plat also contains two common area tracts of 11,328 square feet and 24,382 square feet. These tracts will be developed as a common open space with the possibility of a clubhouse on the larger tract to the south. The proposal will allow 4 fewer dwelling units on the site than permitted by the April, 2012 rezone. RIGHTS -OF -WAY: The Plat fronts Road 90 which is currently developed to City standards. UTILITIES: The developer will be responsible for extending utilities into the Plat. A common utility easement will be needed along either side of common access driveway. The Franklin County PUD has identified the need for easements on both sides of the internal access way. The PUD permits common use of utility trenches which enables the easement to be used by other utility providers. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. STREET NAMES: Road 90 is already named. A name of the private access road will be assigned during the final platting process. IRRIGATION: Municipal Code requires installation of irrigation lines as a part of infrastructure improvements. Although the site is outside of the Franklin County Irrigation District service area, a City irrigation meter will be installed to provide irrigation water. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval. Water rights have not yet been assigned to the City. FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact ": Prevent Overcrowding: Density requirements of the R -3 zone are designed to address overcrowding concerns. The R -3 zone permits a density of 14.5 dwelling units per acre. The proposed plat has a density of 5.53 units per acre. The April, 2012 rezone for the property restricted development to a maximum of 6.38 units per acre. No more than 60 percent of each lot is permitted to be covered with structures. 9 Parks Opens Space /Schools: A City park is located adjacent to Maya Angelou Elementary School. The proposed subdivision will be served by Maya Angelou Elementary School, McLoughlin Middle School and Chiawana High School. The Preliminary Plat was submitted to the School District for review. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate the impacts of the proposed subdivision on the School District. Since the Pasco School District has requested residential development impacts be mitigated, the City has implemented a schools impact fee paid at the time of building permit issuance. In response to the subdivision proposal the School District, by letter dated August 30, 2012, has the expectation that impact fees will be collected for the purpose of addressing the requirements of RCW 58.17.110. The School District letter also indicated the proposed development could add an additional 15 students to the District enrollment Effective Land Use /Orderly Development: The plat is laid out to effectively utilize the site consistent with the rezone approval that occurred in April 2012. The rezone permitted 30 dwelling units to be developed on the site. The Plat is designed for 26 units. Safe Travel & Walking Conditions: The Plat is connected to the community by Road 90. Sidewalks are a part of the development requirements for the property and must conform to current City standards and the Americans with Disabilities Act (ADA) requirements. Adequate Provision of Municipal Services: All lots within the Plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: The proposed Preliminary Plat contains 26 multi - family building lots, providing an opportunity for the construction of 26 dwelling units. Adequate Air and Light: The maximum lot coverage limitations and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: Road 90 has been developed to City standards and provides access to the property from Sandifur Parkway. The Preliminary Plat was submitted to the Transit Authority for review. (The discussion under "Safe Travel" above applies to this section also). Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the Plat site for mixed residential development. Policies of the Comprehensive Plan suggest the City strive to maintain a variety of housing for residents. G Other Findings: 1. The site is within the Pasco Urban Growth Boundary. 2. The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. 3. The Comprehensive Plan identifies the site for mixed residential development. 4. The site is zoned R -3 (Medium Density Residential). 5. The site was zoned R -3 in April of 2012. 6. The zoning Ordinance (adopted in 2012) for the site, limits the number of dwelling units on the site to thirty (30). 7. The developer is proposing to build 26 dwelling units on the site. 8. The proposed Plat contains 35,710 square feet of common open space, equivalent in size to four adjoining single family lots. 9. The Housing Element of the Comprehensive Plan encourages the development of a variety of residential densities and housing types. 10. The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic. 11. Road 90 provides access to the site from the north and south. 12. The School District, by letter dated August 30, 2012, indicated the proposed Plat could cause an additional 15 students to be enrolled in the Pasco School District. 13. The School District, by letter dated August 30, 2012, stated there was an expectation that school impact fees would be collected for development within the proposed Plat. 14. RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools before any preliminary plat is approved. 15. The School District indicated by previous correspondence dated February 3, 2012, that impact fees address the requirement to ensure adequate provisions are made for schools. CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of the proposed Plat the Planning Commission must develop Findings of Fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, 5 playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed Plat will be required to develop under the standards of the Municipal Code and the standard specifications of the City Engineering Division. These standards include all infrastructure improvements designed to ensure the public health, safety and general welfare of the community are secured. These standards include provisions for access, drainage, water and sewer service and fire safety. The Preliminary Plat was forwarded to the Franklin County PUD, the Pasco School District and Ben - Franklin Transit Authority for review and comment. The School District indicated the Plat may add another 15 students to the District's enrollment and there was an expectation that the development would pay a school impact fee to ensure adequate provisions are made for schools. A neighborhood park is located on Road 84 adjacent to Maya Angelou Elementary School. All new developments participate in establishing parks through the payment of park fees at the time of permitting. The development will be required to pay a traffic mitigation fee with each permit for the development's share of future street improvements including the installation of new traffic signals. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed Plat makes efficient use of vacant land and will provide for additional housing following the designation of the Comprehensive Plan and the established zoning. The proposed subdivision provides a transition buffer between the commercially zone properties to the south and the single - family properties to the north. The development of the property will include 325 feet of new sidewalk along Road 90. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for mixed residential development. The Housing Element of the Plan encourages the promotion of a variety of residential densities including multi - family development. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; 2 Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures are provided for (i.e. school impact mitigation, park fees and traffic fees). (6) The public use and interest will be served by approval of the proposed subdivision. The proposed Plat, if approved, will be developed in accordance with all City standards designed to insure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this plat. These factors will insure the public use and interest are served. PLAT APPROVAL CONDITIONS 1. At the time lots are developed, all abutting roads and utilities shall be installed to City standards as approved by the City Engineer. This includes, but is not limited to water and sewer lines, streets, street lights and storm water retention. Sidewalks must be installed along the frontage Road 90 as a part of the Plat improvements. All sidewalks must conform to current City standards and the Americans with Disabilities Act (ADA) requirements. All utilities must be installed underground. 2. Common Tracts "A" and "B" must be landscaped and maintained in a healthy growing condition before the ninth Certificate of Occupancy for dwelling units may be issued. All required landscape areas shall be installed to meet the minimum landscape standards set forth in PMC 25.75.080. Prior to installation of landscaping a landscape plan must be submitted and approved by the Community 8v Economic Development Director. 3. The developer must file Covenants, Conditions, Restrictions and Reservations (CC&,R's) establishing an Owners Association with management and maintenance responsibilities for all common areas, common driveways and parking, common fencing, clubhouse, private utility lines and facilities, common landscaping and easements. Said CC&R's must run with the land and be binding on all heirs, assigns, transferees and subsequent successors in interest. The Auditors file number of said recording must be shown on the Final Plat. 4. Lots 1 and 26 abutting Road 90 shall not have direct access to said road. Access shall be prohibited by means of deed restrictions or statements on the face of the Final Plat(s). 5. Each lot shall have parking for a minimum of two vehicles. 6. Nine visitor parking spaces shall be provided within the Plat. 7. The developer shall install a common fence /wall six -feet in height along the south property line. A fencing detail must be included on the subdivision construction drawings. Maintenance and upkeep of said fence must be the responsibility of the subdivision Owners Association. All Final Plats shall include a note that clearly indicates the maintenance responsibility for the fence is the responsibility of the Owner's Association including the removal of graffiti. 8. The developer/ builder shall pay the "traffic impact fee" established by ordinance at the time of issuance of building permits for homes. Fees collected shall be placed in a fund and used to finance signalization and other improvements necessary to mitigate traffic impacts on the circulation system within the I -182 corridor. 9. The private on -site water system must have a water meter and backflow preventer at the right -of -way line. The water meter must be located out of the street and in the right -of -way. The size of the meter and backflow preventer must be adequate to serve the 26 lots and two tracts within the plat. All water utility structures and appurtenances must follow City standards between the main and the backflow preventer. 10. A private fire line, with appropriate backflow prevention, will be required for the subdivision. The size of the meter and backflow preventer must be adequate to serve the fire hydrants necessary for the plat. All water utility structures and appurtenances must follow City standards through the backflow preventer. 11. The existing sewer stub must be utilized or the existing stub must be removed and replaced by a new service line to the manhole. A new, private manhole must be installed at the property line to provide access to the sewer system without utilizing the existing public manhole. 12. All storm water generated on the site must remain on the site including storm water generated on the private driveway. All storm water must have pretreatment prior to being discharged into the ground. 13. No grading activity shall commence without a dust control method approved by the Inspection Services Manager for the entire site. Dust control shall be available on site 24 hours per day. The developer shall insure active and ongoing dust, weed and litter abatement activities occur during the construction of the subdivision and construction of dwellings thereon. N 14. The developer shall be responsible for the creation of record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form shall be signed by the developer prior to plan approval. 15. All engineering designs for infrastructure and Final Plat drawings shall utilize the published City of Pasco Vertical Control Datum and shall be identified on each such submittal. 16. The common driveway and parking areas shall be identified as an access and utility easement. An additional easement shall be provided as needed for the Franklin County PUD for electrical vaults. The width and length of the additional PUD easement shall be determined by the PUD. 17. The Final Plat shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and /or connection of any electrical service to or within the Plat ". 18. Prior to the City of Pasco accepting construction plans for review the developer must enter into a Storm Water Maintenance Agreement with the City. The developer will be responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement must be presented to the City of Pasco at the first intake meeting for construction plans. 19. The developer will be required to conform to all conditions set forth in the Storm Water Maintenance Agreement to the satisfaction of the City Engineer. 20. The developer will be required to comply with the City of Pasco Civil Plan Review process. MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the October 18, 2012 staff report. MOTION: I move based on the Findings of Fact and Conclusions, as adopted, that the Planning Commission recommend City Council approve a Preliminary Plat for the Sunset Village Subdivision with the conditions as listed in the October 18, 2012 staff report. 0 U 03 c� a �M O ct O ct Q-+ � � N COO ■ ����i���lllli � ®� NE iax"doNS, W. will M-6 � � NEE . I■■iii■■� ; MEN . 777-1 WAPs 11111 '� J, rwAn too AOD • ■_ ■_ I■ sE CA. izm � CC A 0 A CIO Emo C I 3 w ME �� 06 (rVOR 1"d ABVNIWl1161 a , 5 NOINNIHStlM 'OOStld � R E 36JVIIIA 13SNf1S 1N3WdO13IGO AIIWYJLLII)W a $ o, � I I upon � N � I I tly I w 1 > og \ C 1 t lid 2 �S� M 3na Late e4 BEI § S T AS ell R §yaeoa oo'I I y z wbz, I I I ti� J I n ____ __ ___ ___ ___J — YY \/ to 6� NJ § NA I$5N °U � C6 I I I I I 3z� ^uz no Re a 66 °f I. §R �z I cbx, I I I I 6az 8 I I (� g I I "R a I I Ali 8 Q4 R NJ R Q NJ R ° 1 O ^ 'w aye, I K aom .°'°. I I 1 N d0 a 1 1 g j I I 5 -5`gg1 R R SW� � .N a � N w eE R a 1 'S 6v ILI h z.o Mv11 o n £ ° n8 V N NM g 6° (((^A�4� .. �M linri ill .mrk3 Aw C ° *o d � , d+l 6 $g A 8 ,,.,ICI I I NP Y w = OWL X�lrc ilwfr. I elle NE R N R SI MMt II 1 1 I I I e x _ MIS tt Kt I I t lrozE[) 1[CwwS _ R '' " "°Kl 06 QVO?I - - - -- a Let JX � z a Planning Commission Minutes 9/20/2012 B. Special Permit Preliminary Plat approval for Sunset Village Dave Richardsl IMF# PP2012 -003 Chairwoman Kempf read the master file number and asked for comments from staff. Shane O Neill, Planner I, discussed the preliminary plat for Sunset Village. The plan is for 26 -lots with two tracts, consisting of 12 duplexes and 2 single - family homes. The site was recently rezoned from RT (Residential Transition) to R -3 (Medium Density Residential) with a concomitant agreement. That concomitant agreement limited the density to 30 dwelling units on the site with maximum building heights of 30 feet. The approval conditions in the staff report are standard for preliminary plats. Access for the 26 -lots will come from Road 90 by way of private drive. One of the conditions is that a Home Owner's Association be formed and maintained. Commissioner Hilliard requested clarification as to why the utilities for this site were private rather than through the city. Mr. O'Neill answered that the utilities will come from the city. David McDonald, City Planner, clarified that the site will be connected to both city sewer and water but because the water lines and sewer lines will be on private property with an easement, the developer or Home Owner's Association will be responsible for the maintenance and upkeep of those lines. Commissioner Khan asked if the plan for 10 duplexes and 1 triplex was out of the question. Mr. McDonald answered that staff is not sure exactly what the developer is planning. It would allow for duplexes, triplexes or single - family homes. Commissioner Hilliard asked a question regarding street access in regards to emergency vehicles. Mr. McDonald answered that the streets are designed the way that they are, as a "hammerhead ", to allow a large area for trucks to turn around and meets the standards for the Fire Department. John Laney, 1415 6th Street, Clarkston, spoke on behalf of the preliminary plat. comparable to Mediterranean Village. WA, business partner to David Richards, The plans are to build some duplexes Tom Russell, 8814 Wilshire Drive, asked a few questions and gave statements regarding the proposed preliminary plat. He stated that a meeting between the developer and the neighbors that was recommended by staff in previous meetings never took place. He asked staff if these duplexes will be condos or rental units and what the proposed "buffer" between the residential homes and the proposed plat will look like. Chairwoman Kempf answered that the buffer will be a strip of landscaping. Mr. Russell asked if the meeting for the night was to discuss building heights. Chairwoman Kempf answered that he can discuss building heights if he would like. Mr. Russell asked what the developers plans were for building heights since the neighbors are still unsure what the plans are for the development and have never seen any pictures or the plans. Chairwoman Kempf answered that the proposal is only for a preliminary plat and does not include many details. Rick White, Community & Economic Development Director, stated that the building height was restricted to 30 feet along with setbacks that have been accomplished on the north side of the plat with the 15 foot tract. There will still be a setback required equal to the height of the building on the lot itself. Mr. Russell asked again if the buildings are to be condos or rental units. Mr. White answered that the Pasco Municipal Code does not required that to be addressed by the Planning Commissioner. Single - family homes, duplexes and triplexes can all be rented. Property lines will go through each unit of the duplexes so that each unit could be purchased by different buyers. Mr. McDonald explained that the purpose for the plat being set up as it is for multi- family development is to be able to allow individual units to be sold, having ownership interest planned rather than rentals, however they could be rented just as someone in a single - family neighborhood could rent their house. Mr. Russell asked if it was a recommendation or a requirement to have an HOA for the development. Mr. McDonald answered that it will be a plat requirement that they set up a Home Owner's Association to maintain the common areas, private road, utilities and any other items they may wish. Mr. Russell stated that the geography is not flat. He asked if the land will fall once it is landscaped. Mr. McDonald answered that the geography will be determined once the applicant is farther into their engineering work which has not been completed yet. The roads will have to meet proper grades tying into the street at the proper elevation. Once into the property it may rise. Mr. Russell asked why the owner chose not to contact the neighbors to meet. Mr. McDonald stated that he did not know. It was a recommendation but not mandatory that the developer meet with the neighbors. Mr. Russell stated that the developer failed to show up and the neighborhood is very passionate about this application. Thirty people from the neighborhood have shown up to voice their opinions at previous meetings and it was disappointing for them that the developer did not take the recommendation to meet with them. With no further comments the public hearing was closed. Commissioner Khan moved, seconded by Commissioner Greenaway, to close the hearing on the proposed subdivision and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the October 18, 2012 meeting. The motion passed unanimously. Mr. White stated that this item will come back to the Planning Commission in October for the recommendation to City Council. Staff will most likely enhance some of the conditions, particularly landscaping, so that the plans are more definitive as well as some minor issues with the Home Owner's Association for maintenance of the utility system. Planning Commission Minutes 10/18/2012 B. Special Permit Preliminary plat approval for Sunset Village (Dave Richards) IMF# PP2012 -0031 Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the preliminary plat approval for Sunset Village. The plat is on Road 90, approximately 960 feet north of Sandifur Parkway, a little less than five acres, 26 lots and 2 tracts in the R -3 zoning district. Nothing has changed from the previous staff report in September with the exception of Condition #2, involving landscaping. That condition has been enhanced to include a deadline of installation of landscaping and more specific requirements related to those contained in the PMC. Condition #3 was also enhanced to include the private utility system as an item that will be maintained by the Home Owner's Association through the covenants, conditions and restrictions with the plat. Commissioner Anderson moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the October 18, 2012 staff report. The motion passed unanimously. Commissioner Anderson moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions, as adopted, that the Planning Commission recommend City Council approve a Preliminary Plat for the Sunset Village Subdivision with the conditions as listed in the October 18, 2012 staff report. The motion passed unanimously AGENDA REPORT FOR: City Council October 30, 2012 TO: Gary Crutchfi Manager Workshop Mtg.: 10/22/12 Regular Mtg.: 11!05 /12 FROM: Rick White, 1, r Community & Economic Development Director {�'N SUBJECT: Pasco Municipal Code (PMC) Violations of Auto Repair Businesses I. REFERENCE(S): 1. Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/22: DISCUSSION 11/05: MOTION: I move to approve Resolution No. directing the Planning Commission to develop an action plan resolving conflicts between violations of the Pasco Municipal Code and automobile repair businesses. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. One of the issues of Council concern noted during the biennial retreat earlier this year was the outdoor occurrence of major auto repair and dismantling — particularly, but not always, in former service stations that have been converted to full time repair shops. B. Typical issues surrounding this land use include: • Use of public right of way for parking/storage of business related vehicles and equipment; • Depositing oil, grease and other automobile fluids on public streets; • Parts salvaging and storage of automobile hulks in public view; • Outdoor dismantling and repair of vehicles; and • Scale of repair outside that allowed by the Zoning Code — particularly in the C -I (Retail Business) District. C. Staff prepared and presented a photo summary of these issues and locations to Council at the Workshop Meeting of October 22, 2012. V. DISCUSSION: A. At the October 22 Workshop, Council concurred that the issue warrants further attention. The proposed Resolution is recommended in that it directs the Planning Commission to develop an action plan for consideration. The proposed Resolution also recommends that the action plan address (at a minimum) the following: • Inventory of outdoor repair /salvage locations including site specific violations of existing codes; • Inventory and review of existing codes for adequacy in addressing the issue; • Development of an approach and timeline for voluntary compliance with applicable codes; • Options for enforcement; and • The provision for input and feedback from affected operators and landowners. 8(a) RESOLUTION NO. A RESOLUTION OF THE CITY OF PASCO DIRECTING THE PLANNING COMMISSION TO DEVELOP AN ACTION PLAN FOR RESOLVING ISSUES INVOLVING AUTOMOBILE REPAIR OPERATIONS AND VIOLATIONS OF THE PASCO MUNICIPAL CODE. WHEREAS, automobile repair operations are permitted in various degrees in the C -I (Retail Business), C -3 (General Business) and Industrial Zoning Districts; and WHEREAS, the Pasco Municipal Code contains both zone specific and general regulations governing the conduct of automobile repair that have been inconsistently enforced over the course of time; and WHEREAS, automobile repair in many locations and sites has evolved to include operations that are in conflict with applicable regulations of the Pasco Municipal Code including the use of the public right of way for storage and parking repair business vehicles, outdoor repair operations, outdoor dismantling of vehicles, parts salvaging and automobile hulk storage in public view and depositing oil, grease and similar substances on City Streets; and WHEREAS, such operations occurring in violation of the Pasco Municipal Code have an adverse effect on the health and safety of nearby businesses and residents, discourage private investment in commercial and industrial areas and present a negative perception of the City as a whole to the general public; and WHEREAS, resolution of the conflicts with the Pasco Municipal Code will involve a consistent and coordinated effort between the City and the owners and operators of automobile repair businesses; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco Planning Commission is directed to develop an action plan that includes at least the following elements: • Inventory of outdoor repair /salvage locations including site specific violations of existing codes; • Inventory and review of existing codes for adequacy in addressing the issue; • Development of an approach and timeline for voluntary compliance with applicable codes; • Options for enforcement; and • The provision for input and feedback from affected operators and landowners. Resolution - 1 Section 2. The action plan should be developed so that a report is available to City Council in April of 2013. Section 3. 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 5th day of November, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Resolution - 2 AGENDA REPORT FOR: City Council October 31, 2012 i TO: Gary Crutchfi y Manager Regular Mtg.: 11/05/12 Rick White, v,� Community & con is Development Director FROM: Jeffrey B. Adams SUBJECT: SPECIAL PERMIT: Location of a donation -based thrift shop in a C -1 Zone (MF# SP 2012 -020) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Planning Commission Report 4. Planning Commission Minutes: Dated 9/20/12 and 10/18/12. II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 11/05: MOTION: I move to approve Resolution No. , approving a Special Permit for the location of a donation -based thrift shop at 1208 N. 20th Avenue as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On September 20 and October 18, 2012 the Planning Commission conducted public hearings to determine whether or not to recommend a special permit be granted for the location of a donation -based thrift shop at 1208 N. 20` Avenue. B. Following the conduct of the public hearings, the Planning Commission reasoned with conditions, it would be appropriate to recommend approval of a special permit for the location of a donation -based thrift shop at 1208 N. 201" Avenue. 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) � m M v. F�+-1 W fi rr.t ?_V ;. co rMI All ctw i Ar t F: •� ., k- F r 1+ • { )...FN I •POO F • LL F w 3AV H10Z. t F F ;k..P A. mifto M1030 RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF DONATION -BASED THRIFT SHOP AT 1208 N 20TH AVENUE WHEREAS, Riverview Baptist Church submitted an application for the location of a donation -based thrift shop in a C -I (Retail Commercial) Zone (Parcel No. 119- 331 -046; PTN N1 /2) SE1 /4, NEIA, NEl /4, 25- 9 -29); and, WHEREAS, the Planning Commission held public hearings on September 20, and October 18, 2012 to review the proposed donation -based thrift shop; and, WHEREAS, following deliberations on October 18, 2012 the Planning Commission recommended approval of a Special Permit for a donation -based thrift shop 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 Riverview Baptist Church for the location of a donation -based thrift shop in a C -1 (Retail Commercial) Zone under Master File # SP2012- 020 with the following conditions: a) The Special Permit shall apply to Parcel No. 119 -331 -046. b) Signs shall be posted on all sides of the building indicating drop -offs and donations are not accepted after hours. c) No donation boxes, trailers, containers or similar items for the collection of donations shall be permitted outside the building. Any drop -offs shall be managed so as to not create a nuisance to the area. d) No food commodities or other materials shall be stored outside of the building. e) The landscape island north of the building between the parking area and the Rite - Aid/Albertsons shopping center shall be refurbished and brought up to current City landscape standards. f) A landscape plan must be submitted and approved by the Community and Economic Development Director. g) The Special Permit shall be null and void if a business license has not been obtained by March 1, 2013. Passed by the City Council of the City of Pasco this 5`h day of November, 2012. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2012 -020 APPLICANT: Riverview Baptist Church HEARING DATE: 9/20/12 4921 W Wernett ACTION DATE: 10/18/12 Pasco WA BACKGROUND REQUEST: SPECIAL PERMIT: Location of a donation -based thrift shop in a C -1 Zone. 1. PROPERTY DESCRIPTION: Legal: PTN N1 /2, SE1 /4, NE1 /4, NEI /4, 25 -9 -29. Location: 1208 N 20th Ave Property Size: Approximately .58 acres 2. ACCESS: The property has access from 2011, Avenue. 3. UTILITIES: All utilities are available to the site. 4. LAND USE AND ZONING: The site is currently zoned C -1 (Commercial Retail). The site is developed with an 8,080 square -foot retail building. Surrounding properties are zoned and developed as follows: North C -1 (Retail Business) -Commercial East R -1 & "O" (Low- Density Residential/ Office) - SFDUs & Office South R -2 (Medium Density Residential) - Church West R -2 (Medium Density Residential) - School 5. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates this area for commercial 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. ANALYSIS The property is an 8,080 square -foot retail center on approximately .58 acres located on the south side of a major shopping center with Albertsons and Rite - Aid as anchors. The east side of the building is currently vacant, with a Laundromat in the west end. There is a bank located in a separate building to the east, and a vacant lot to the west. The property to the south is developed with a church and a parsonage. Applicant wishes to locate a donation -based thrift shop on the property. On August 6, 2012 the City Council approved a Code Amendment allowing donation -based thrift shops to operate in C -1 Zones with a Special Permit. In the Code Amendment secondhand uses were conceptually separated and defined to include three specific categories, as follows: 1) Pawnshops; 2) Consignment stores; and 3) Thrift Shop (Donation- based). It was noted that donation - dependent thrift shops such as Goodwill Industries differ substantially from pawnshops and consignment -type secondhand stores in that there is no built -in incentive for patrons "fencing" stolen goods for cash, and thereby contributing to overall criminal activity in the community. As such, criminal -based policing would not likely be an issue, so much as nuisance -based code enforcement. People drop items off at donation- dependent operations as a matter of course; these items ranging in value from "slightly used" to "junk." While secondhand stores often strive to control the flow of castoffs, "midnight drop - offs" are virtually inevitable, and result in visual blight. Thus, visual blight, declining property values and probable increased costs for code enforcement are issues for consideration. "Midnight drop -off' activity can be mitigated through site management (signage, store policies, cameras) and site design (additional landscaping, walls, fencing and drop -off facilities). Applicant has indicated that items will be dropped off inside the store only; there will be no external drop -off site. 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 Findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is currently zoned C -1 (Retail Business). 2. The Comprehensive Plan designates the site for commercial uses. 3. The site is developed with an 8,080 square -foot retail building. 2 4. The east half of this building is currently vacant. 5. Applicant is requesting a Special Permit for the location of a donation - based thrift shop. 6. Experience within the community has shown secondhand stores may contribute to visual blight, physical decay, declining property values and perpetuate a negative public image for the community in general, particularly if allowed to receive donations at the site 7. People drop items off at donation - dependent operations as a matter of course; these items ranging in value from "slightly used" to "junk." While secondhand stores often strive to control the flow of castoffs, "midnight drop - offs" are virtually inevitable, and result in visual blight. 8. Applicant has indicated that items will be dropped off inside the store only; there will be no external drop -off site. 9. The parking lot island landscaping does not conform to current standards. CONCLUSIONS BASED ON INITIAL 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 urith the goals, policies, objectives and text of the Comprehensive Plan? The site is identified in the Comprehensive Plan for Commercial use. The Commercial Land Use designation includes all commercial uses listed in the C -1 zones. Donation -based thrift stores are specifically mentioned in the Pasco Municipal Code as being allowed by Special Permit. Policy LU- 1 -B encourages enhancement of the physical appearance of development within the City. (2) Will the proposed use adversely affect public infrastructure? The public infrastructure surrounding this property was installed to support the original retail nature of the property. The proposed redevelopment of the site for a thrift store will not have any adverse effect 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? Re- occupying the building and putting it to some beneficially use will assist in arresting the declining appearance of the property; however the 3 proposed use could bring a new set of challenges that would disrupt the harmony and character of the general vicinity. Conditions will be needed to ensure the proposed thrift store is operated and maintained to be in harmony with the neighborhood. (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? Surrounding properties are fully developed. As well, no new structures are proposed. (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? This use will not generate any noise, fumes, vibrations, dust, traffic, or flashing lights above and beyond permitted uses for the zone. (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? Items are dropped off at donation - dependent operations as a matter of course. Applicant has indicated that items will be dropped off inside the store only; there will be no external drop -off site. Even so, site conditions could quickly occur that may be objectionable to nearby property owners without proper management and control of unauthorized drop -offs. Special Permit conditions will be needed to specifically address the management of any and all drop -offs and general screening of the property. 1. The special permit shall apply to Parcel No. 119331046. 2. Signs shall be posted on all sides of the building indicating drop -offs and donations are not accepted after hours. M 3. No donation boxes, trailers, containers or similar items for the collection of donations shall be permitted outside the building. Any drop -offs shall be managed so as to not create a nuisance to the area. 4. No food commodities or other materials shall be stored outside of the building. 5. The landscape island north of the building between the parking area and the Rite - Aid /Albertsons shopping center shall be refurbished and brought up to current City landscape standards. 6. A landscape plan must be submitted and approved by the Community and Economic Development Director. 7. The special permit shall be null and void if a business license has not been obtained by March 1, 2013. MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the October 18, 2012 staff report. MOTION: I move based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Riverview Baptist Church for location of donation -based thrift shop at 1208 N 20th Ave, with conditions as listed in the October 18, 2012 staff report. 5 y W y N W 1 � lip > >- • r 0— crm a •U! 3AV HlOZ 4 ct Mm A mm i W ct � U E N CIO .--a O 3" UNZZ L .. O ■ O � n•-I V O Q u O �; •� >z Z � M4 E Uim � � o N ~ um �..� � Q � ld H19 F- Z o = ui z �l I H W Co w w Z3: LU Q Q U W_ •(A _ 3AV HlOZ -4 C14 = I W O o � N N • 0 ' O 3" GNZZ M c " N O �a >= • M z z W bA ••� U) CO) N a z 7d HIs LU F- z uj 0 = IL I �L O rAd O O If r� i A V1 au a V1 4� 0 111 h August 24, 2012 R/VERV /EW BAPT /ST CMt/RC y Home of Riverview Baptist Christian Schools (Kinderu'teu through t'wdah Gnuk) Christian Family Radio —KOLU 90.1 FM P.O. Box 2734 – 4921 W. Wernett Rd. ,_ Pasco, WA 99301 Church Phone (509) 547 -2021 Dr. John Paisley, Pastor Dr. Ken Griffin, Co-Pastor To Members of the Pasco City Council; My name is Dr. John Paisley. Senior Pastor of Riverview Baptist Church in Pasco. I have been on staff at the church for 38 years. We have a congregation of over 2.000 members; we provide transportation to our services on 22 bus routes that run on Sunday mornings. The church financially supports 456 missionaries around the world in 102 nations. In the past ten years, by the grace of God, Riverview Baptist Church has given nearly $5,000,000.00 to world nnissions. The church supports three orphanages in other countries, two of which were started by our church. f list all of these statistics for one reason —we want to do morel Riverview is concerned about our community and the world. It is our desire to open a non- profit "World -wide Thrift Store" in the Tower Plaza at 20th Street and Court Street. All of the profits front the store would be given to our world -wide ministry. It is apparent to us, that in order for us to be successful in this ordeavor, cleanliness in the store would have to be a main priority. We have three members in our congregation who own dry cleaner /laundromats and have volunteered to clean all of the clothes before placing them for sale. Any other goods to be sold would be inspected to see that they were in good condition, functioning and cleaned beliore they were sold. We have a large warehouse in Kennewick that has been given to reduce any clutter at the store. We are seeking a conditional use permit for the above stated purpose. It truly is our desire to be a blessing to our community and the world. Thank you in advance for your consideration. Sinti- ereiy,4)4 Dr. ohn Paisley Pastor, Riverview Baptist Church REGULAR MEETING PUBLIC HEARINGS: A. Special Permit September 20, 2012 PLANNING COMMISSION MEETING Location of a thrift store in a C -1 Zone (Riverview Baptist Church) (MF# SP2012 -0201 Chairwoman Kempf read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application for a donation -based thrift store in a C -1 Zone, located at 1208 N. 20th Avenue. Mr. White noted that there were two recommendations in the staff report; one is the standard recommendation to close the public hearing and schedule adoption of findings and conditions. However, after the staff report was prepared, staff noticed a slight error in the public hearing notice. Staff recommends the second motion on the report to continue the public hearing to allow the re- advertisement of the public hearing notice and to gather more information from the applicant regarding operational procedures of the proposal. Dr. John Paisley, 4805 W. Wernett, Lead Pastor for Riverview Baptist Church, spoke on behalf of his special permit application. To assist in paying for missionaries the church had the idea of a donation -based secondhand store. The church would have volunteers to assist with the intake of donations and cleaning of the clothes dropped off. The building for the store has been donated as well as a warehouse to store extra items dropped off. There will be a drop -off for Wednesday and Sunday services. There would be no drop -offs allowed outside of the secondhand store. Donations would be allowed at the store but only inside. Chairwoman Kempf asked Dr. Paisley if the store would be mostly consignment. Dr. Paisley clarified that it would not be consignment. It would strictly be donation - based only. Commissioner Anderson asked if items other than clothing would also be accepted as a donation, such as, furniture. Dr. Paisley answered that they would accept any donation they could. They might have volunteers to pick up large items at the homes of people donating to deter drop - offs at the store or warehouse location. Commissioner Khan asked if the applicant had a chance to look over the approval conditions and if he agrees to them, primarily regarding signage pertaining to no drop - offs after - hours. Dr. Paisley answered yes to everything. -1- Mr. White reminded the Planning Commission that the staff recommendation is that the Public Hearing be continued to October 18, 2012. With no further comments the public hearing was closed. Commissioner Anderson moved, seconded by Commissioner Levin, to continue the public hearing to the October 18, 2012 Planning Commissioner meeting. The motion passed unanimously. Respectfully submitted, Dave McDonald, City Planner -2- REGULAR MEETING PUBLIC HEARINGS: A. Special Permit October 18, 2012 PLANNING COMMISSION MEETING Location of a thrift store in a C -1 Zone (Riverview Baptist Church) IMF# SP2012 -0201 - Continued from September 20, 2012 Meeting Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application for the location of a thrift store in a C -1 Zone. This is a continued public hearing from the September 20, 2012 meeting to allow additional testimony. The conditions, initial staff findings of fact and conditions have all been developed supporting approval of the proposal. Pastor John Paisley, 4921 W. Wernett, briefly thanked the staff and Planning Commission for their consideration and stated that their store will support missionaries globally and that it will be completely non - profit. Commissioner Khan moved, seconded by Commissioner Hilliard, to adopt findings of fact and conclusions therefrom as contained in the October 18, 2012 staff report. The motion passed unanimously. Commissioner Khan moved, seconded by Commissioner Hilliard, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Riverview Baptist Church for location of donation - based thrift shop at 1208 N. 20th Ave, with conditions as listed in the October 18, 2012 staff report. The motion passed unanimously. Respectfully submitted, Dave McDonald, City Planner -1-