HomeMy WebLinkAbout2013.09.03 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. September 3, 2013
The Council Meeting will take place on Tuesday, September 3
as City Hall will be closed Monday, September 2 in honor of Labor Day.
11 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 Councihnembers 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 August 19, 2013.
(b) Bills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
1. To approve General Claims in the amount of $1,945,310.31 ($58,631.15 in the form of
Electronic Fund Transfer No. 16231; and $1,886,679.16 in the form of Wire Transfer Nos.
1344, 1345, 1349 through 1356; and Claim Warrants numbered 194467 through 194643).
2. To approve Payroll Claims in the amount of $2,465,196.34, Voucher Nos. 45917 through
46086 and 80300 through 80309; and EFT Deposit Nos. 30061321 through 30061951.
(c) Resolution No. 3504, a Resolution authorizing amendment of prior year HOME Annual Action
Plans for conversion of homebuyer activities to HOME assisted rental activities.
1. Agenda Report from Angie Pitman, Block Grant Administrator dated August 21, 2013.
2. Proposed Resolution.
To approve Resolution No. 3504, authorizing amendment of HOME Annual Action Plans for
conversion of homebuyer activities to HOME assisted rental activities.
(d) Resolution No. 3505, a Resolution authorizing the disposal of a Fire Department vehicle
considered surplus property to City needs.
1. Agenda Report from Debbie Clark, City Clerk dated August 21, 2013.
2. Correspondence from Chief Gear, Pasco Fire Department.
3. Proposed Resolution.
To approve Resolution No. 3505, authorizing the sale of one vehicle considered surplus to City
needs.
*(e) Resolution No. 3506, a Resolution fixing the time and date for a public hearing to consider
vacating a portion of Sandifur Parkway.
1. Agenda Report from Dave McDonald, City Planner dated August 28, 2013.
2. Overview Map.
3. Vicinity Map.
4. Proposed Resolution.
5. Vacation Petition.
To approve Resolution No. 3506, setting 7:00 p.m., Monday, October 7, 2013 as the time and
date to conduct a public hearing to consider vacating a portion of Sandifur Parkway.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following
Pasco residents have been invited to attend the Council meeting to receive Certificates of
Appreciation from the City Council for "Yard of the Month," August 2013.
1. Raul and Margarita Rodriguez, 702 W. Bonneville Street
2. Chris Gamino, 1715 W. Henry Street
3. Greg and Lisa Stoetzel, 4215 Anza - Borrego Court
4. Kyle Sullivan, 4703 Shoreline Court
Regular Meeting 2 September 3, 2013
(b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA)
The following Pasco business has been invited to attend the Council meeting to receive a
Certificate of Appreciation from the City Council for "Business of the Month Appearance
Award" for August 2013.
1. Arby's, 5115 Road 68
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND /OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING
THERETO:
Q(a) Rezone (MF #Z2013 -003) Rezone from R -2 (Medium- Density Residential) to C -1 (Retail
Business).
1. Agenda Report from Shane O'Neill, Planner I dated August 22, 2013.
2. Vicinity Map.
3. Binder Containing Hearing Record (Council packets only; copy available for public review in
the Planning office, the Pasco Library and on the City's webpage at www.nasco-
wa.gov/citycouncilLoorts .
4. Proposed Ordinance.
CONDUCT A CLOSED RECORD HEARING
Ordinance No. , an Ordinance of the City of Pasco, Washington, amending the Zoning
classification of property located at 2302 East Lewis Street from R -2 (Medium Density
Residential) to C -1 (Retail Business).
MOTION: I move to adopt Ordinance No. , rezoning the property at 2302 E. Lewis Street
from R -2 to C -1 and, further, authorize publication by summary only.
*(b) Final Assessment Roll for LID No. 148 — Kurtzman Park Street Improvements, Phase 2.
1. Agenda Report from Mike Pawlak, City Engineer dated August 29, 2013.
2. Final Assessment Map.
3. Final Assessment Summary.
4. Ordinance.
CONDUCT A PUBLIC HEARING
Ordinance No. an Ordinance of the City of Pasco, Washington, relating to Local
Improvement District No. 148; approving and confirming the assessments and assessment roll of
Local Improvement District No. 148 for the purpose of making improvements to Waldemar,
Cedar, Hugo and Sycamore Avenues and Alton and Helena Streets in the Kurtzman area to City
street standards, including road widening, curb, gutter, sidewalk, storm drain system and street
lighting, as provided by Ordinance No. 3988; levying and assessing a part of the cost and expense
of the improvements against the lots, tracts, parcels of land and other property as shown on the
assessment roll; and, providing for collection of assessments.
MOTION: I move to adopt Ordinance No. relating to Local Improvement District No.
148; approving and confirming the assessments and assessment roll of Local Improvement
District No. 148 for the improvements to Waldemar, Cedar, Hugo and Sycamore Avenues and
Alton and Helena Streets in the Kurtzman area to City street standards, including road widening,
curb, gutter, sidewalk, storm drain system and street lighting, as provided by Ordinance No.
3988; levying and assessing a part of the cost and expense of the improvements against the lots,
tracts, parcels of land and other property as shown on the assessment roll; and providing for
collection of assessments and, further, authorize publication by summary only.
Regular Meeting 3 September 3, 2013
*(c) Final Assessment Roll for LID No. 149 — Kurtzman Park Street Improvements, Phase 3,
1. Agenda Report from Mike Pawlak, City Engineer dated August 29, 2013.
2. Final Assessment Map.
3. Final Assessment Summary.
4. Ordinance.
CONDUCT A PUBLIC HEARING
Ordinance No. an Ordinance of the City of Pasco, Washington, relating to Local
Improvement District No. 149; approving and confirming the assessments and assessment roll of
Local Improvement District No. 149 for the purpose of making roadway improvements, curb and
gutter, sidewalk, storm drainage, and handicap ramps to current ADA standards, driveway
approaches and other associated street work of South Cedar, South Hugo Avenues and East Alton
Street, as provided by Ordinance No. 4035; levying and assessing a part of the cost and expense
of the improvements against the lots, tracts, parcels of land and other property as shown on the
assessment roll; and, providing for collection of assessments.
MOTION: I move to adopt Ordinance No. , relating to Local Improvement District No.
149; approving and confirming the assessments and assessment roll of Local Improvement
District No. 149 for roadway improvements, curb and gutter, sidewalk, storm drainage, and
handicap ramps to current ADA standards, driveway approaches and other associated street work
of South Cedar, South Hugo Avenues and East Alton Street, as provided by Ordinance No. 4035;
levying and assessing a part of the cost and expense of the improvements against the lots, tracts,
parcels of land and other property as shown on the assessment roll; and, providing for collection
of assessments; and, further, authorize publication by summary only.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
(a) Ordinance No. an Ordinance of the City of Pasco, Washington, amending Sections
3.29.020 "Park Planning Districts "; Section 3.29.030 "Deposit of Moneys"; and Section 3.29.050
"Expenditure of Funds" establishing Park Planning Districts.
1. Agenda Report from Rick Terway, Administrative & Community Services Director dated
August 15, 2013,
2. Proposed Ordinance.
3. Park District Map.
4. Memorandum from City Attorney.
MOTION: I move to adopt Ordinance No. amending PMC Section 3.29.020 "Park
Planning Districts "; Section 3.29.030 "Deposit of Moneys'; and Section 3.29.050 "Expenditure
of Funds" establishing Park Planning Districts and, further, to authorize publication by summary
only.
(b) Resolution No. , a Resolution of the City of Pasco, Washington, declaring a moratorium
prohibiting producing, processing and retail sales of recreational marijuana and setting a public
hearing thereon.
1. Agenda Report from Shane O'Neill, Planner I dated August 27, 2013.
2. Proposed Resolution Establishing a Moratorium.
MOTION: I move to approve Resolution No. declaring a moratorium prohibiting
producing, processing and retail sales of recreational marijuana and setting a public hearing on
the moratorium for October 7, 2013.
*(c) Resolution No. a Resolution of the City of Pasco, Washington, amending Resolution
No. 3492 requesting the Franklin County Auditor to place the question of "Reduction of City
Limits" on the November 5, 2013 ballot.
1. Agenda Report from Stan Strebel, Deputy City Manager dated August 28, 2013.
2. Letter from County Auditor.
3. Proposed Resolution, Proposition No. 1 "Reduction of City Limits."
MOTION: I move to approve Resolution No. _, amending Resolution No. 3492, requesting
the Franklin County Auditor to place the question for "Reduction of City Limits" on the
November 5, 2013 ballot, as sought by citizens' petition, and providing ballot title.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
*(a) Street Name (MF# INFO2013 -068) Establishing St. Francis Lane as the Name for a New
Street:
1. Agenda Report from Dave McDonald, City Planner dated August 28, 2013.
2. Vicinity Map.
MOTION: I move to accept Saint Francis Lane as the name for the new street connecting Saint
Thomas Drive with Chapel Hill Boulevard.
Regular Meeting 4 September 3, 2013
*(b) Professional Services Agreement for Lewis Street Overpass Demolition Plan — Hazardous
Materials Investigation:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated August 29, 2013.
2. Demolition Phasing Map.
3. Professional Services Agreement Summary.
MOTION: I move to approve the Professional Services Agreement with Whiteshield Inc.,
authorizing the Hazardous Materials Investigation and Associated TCLP Analysis with respect to
the Lewis Street Overpass Demolition project in the amount of $18,015 and, further, authorize the
City Manager to sign the agreement.
*(c) Court Street ADA Upgrade and Countdown Signal Heads and 2012 ADA Ramps (Project
No. Gl- ST- 36- 13 -02):
1. Agenda Report from Mike Pawlak, City Engineer August 26, 2013.
2. Vicinity Maps.
3. Bid Summary.
(RC) MOTION: I move to award the low bid for the Court Street ADA Upgrade and Countdown
Signal Heads, and 2012 ADA Ramps to Allstar Construction Group, Inc., in the amount of
$671,184.42 and, further, authorize the Mayor to sign the contract documents.
*(d) Pasco Safe Route to Schools -1 (Project No. Gl- ST- 36- 13 -01):
1. Agenda Report from Mike Pawlak, City Engineer dated August 26, 2013.
2. Vicinity Map.
3. Bid Summary.
(RC) MOTION: I move to award the low bid for the Pasco Safe Route to Schools -1 Project to Sierra
Electric, Inc., in the amount of $94,410.00 and, further, authorize the Mayor to sign the contract
documents.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
MF# "Master File #...."
Q Quasi - Judicial Matter
I'1 slu 11►`I7II tF:A
12:00 p.m., Wednesday, September 4, 2601 N. Capitol Avenue — Franklin County Mosquito Control
District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.)
2. 5:30 p.m., Thursday, September 5, P &R Classroom — Parks & Recreation Advisory Board Meeting.
(COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.)
REGULAR MEETING
CALL TO ORDER
MINUTES
PASCO CITY COUNCIL AUGUST 19, 2013
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: Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Richard
Terway, Administrative & Community Services Director; Rick White, Community &
Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob
Metzger, Police 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 July 29, 2013.
(b) Bills and Communications:
To approve General Claims in the amount of $3,805,983.17 ($100,270.59 in the form of
Electronic Fund Transfer Nos. 16034, 160389 160675 16068, 16074 and 16099; and
$3,705,712.58 in the form of Wire Transfer Nos. 1343, 1346 through 1348; and Claim
Warrants numbered 194189 through 194466).
To approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts,
miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking)
accounts receivable in the total amount of $209,549.15 and, of that amount, authorize
$141,415.89 be turned over for collection.
(c) Use of TPA Reserve Account:
To approve the 2013 Additional Reserve Account Uses for the Tourism Promotion Area
in the amount of $100,000 to be funded from the TPA Reserve Balance.
(d) Greyhound Lines Lease Renewal:
To approve the lease extension with Greyhound Lines Inc., for lease of the Pasco Multi
Modal Facility through 2018 and, further, authorize the City Manager to sign the
agreement.
(e) Department of Corrections Work Crew Agreement (Adopt -A- Highway):
To approve the agreement with Washington State Department of Corrections, to provide
work crews for the "Adopt -A- Highway" program and, further, authorize the City
Manager to sign the Agreement.
(f) New Position/Restructuring of PW Operations:
To authorize the City Manager to restructure the Public Works Operations Division to
create new positions that are budget neutral.
(g) Regional Hotel/Motel Commission Appointments:
To reappoint Monica Hammerberg (Red Lion) to a two -year term on the Tri- Cities
Regional Hotel/Motel Commission, term to expire 7/31/2015.
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 19, 2013
(b) Lodging Tax Advisory Committee Appointments:
To confirm the Mayor's appointment of the following individuals to the Lodging Tax
Advisory Committee: Hotel Representatives: Monica Hammerberg, Red Lion and Allison
White, Sleep Inn; User Representatives: Colin Hastings, Pasco Chamber of Commerce
and Michael Goins, Downtown Pasco Development Authority; City Council: Mike
Garrison.
(i) Resolution No. 3498, a Resolution approving Federal NSP Work Plan
Allocation for Program Year 2014.
To approve Resolution No. 3498, approving the 2014 NSP Allocations and Annual Work
Plan.
(j) Resolution No. 3499, a Resolution approving Federal HOME Work Plan
Allocation for Program Year 2014.
To approve Resolution No. 3499, approving the 2014 HOME Allocation and Annual
Work Plan.
(k) Resolution No. 3500, a Resolution accepting work performed by Granite
Construction, Inc., under contract for the 2012 Overlays, Project #M3- OV- 3R -12-
02.
To approve Resolution No. 3500, accepting the work performed by Granite Construction,
Inc., under contract for the 2012 Overlays Project. Removed from Consent Agenda and
moved to Item 8(c).
(1) Resolution No. 3501, a Resolution accepting work performed by Ray Poland
and Sons, Inc., under contract for the "A" Street / lst Avenue Railroad Crossing
Project.
To approve Resolution No. 3501, accepting the work performed by Ray Poland and Sons,
Inc., under contract for the "A" Street / 1 st Avenue Railroad Crossing Project.
MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr.
Garrison seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGMENTS:
Mayor Watkins presented a Proclamation to LOAnn Ayers, United Way Board Member,
proclaiming September 2013 "Attendance Awareness Month.
VISITORS - OTHER THAN AGENDA ITEMS:
Mr. Mac Miller, Boise Idaho, addressed Council concerning a rock in Volunteer Park.
Mr. John Talbot, 6712 W. Octave St., addressed Council concerning appropriate use of
public funds.
REPORTS FROM COMMITTEES AND /OR OFFICERS:
Mr. Martinez, Ms. Francik and Mayor Watkins attended the Tri- Cities Regional Public
Facilities District meeting.
Mr. Yenney attended the Kiwanis Shelter Dedication, the Benton Franklin Council of
Governments meeting and the Benton Franklin Fair & Rodeo Grand Parade.
Mayor Watkins commented on the Benton Franklin Fair & Rodeo Grand Parade and the
Kiwanis Shelter Dedication.
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 19, 2013
Ms. Francik reported on the Franklin County 2060 Fund Affordable Housing Steering
Committee meeting.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Street Vacation (MF# VAC2013 -003) Portions of the Pasco - Kahlotus Highway and
Commercial Avenue,
MAYOR WATKINS REOPENED THE PUBLIC HEARING TO CONSIDER THE PROPOSED
VACATION.
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING
NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED.
MOTION: Ms. Francik moved to deny the requested vacation of a portion of Pasco -
Kahlotus Highway and Commercial Avenue. Mr. Martinez seconded. Motion carried
unanimously.
Easement Vacation (MIT #VAC2013 -004) Utility Easement in the First Place
Subdivision (Ed Brost).
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED
VACATION.
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING
NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED.
Ordinance No. 4115, an Ordinance vacating a Utility Easement along the northern
ten feet of Lots 16 -23 of the First Place Subdivision.
MOTION: Ms. Francik moved to adopt Ordinance No. 4115, vacating the Utility
Easement in First Place Phase 1 and, further, authorize publication by summary only. Mr.
Garrison seconded. Motion carried unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Resolution No. 3502, a Resolution approving the Program Year 2014 Community
Development Block Grant Allocations and Annual Work Plan.
MOTION: Ms. Francik moved to approve Resolution No. 3502, approving the 2014
CDBG Allocations and Annual Work Plan. Mr. Garrison seconded. Motion carried
unanimously.
Resolution No. 3503, a Resolution transferring STP Funds from the Road 68 South
Widening and Chapel Hill Projects to the Dual Right Turn South Bound Lane (RT-
SB) Road 68 Project.
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No.3503, transferring STP funds
in the amount of $351,176 from Road 68 South Widening and Chapel Hill Projects to the
Dual RT -SB Road 68 Project. Mr. Garrison seconded. Motion carried unanimously.
Resolution No. 3500, a Resolution accepting work performed by Granite
Construction, Inc., under contract for the 2012 Overlays, Project #M3- OV- 3R -12-
02.
Council and staff discussed the details of the proposed resolution.
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 19, 2013
MOTION: Ms. Francik moved to approve Resolution No. 3500, accepting the work
performed by Granite Construction, Inc., under contract for the 2012 Overlays Project.
Mr. Garrison seconded. Motion carried unanimously.
NEW BUSINESS:
Professional Services Agreement — Survey Work Lewis & Clark One -Way Couplet:
Council and staff discussed the details of the proposed agreement.
Ms. Barbara Chaney, 5903 Rd 58, is not in favor of one way streets.
MOTION: Ms. Francik moved to approve the Professional Services Agreement with
White Shield, Inc., authorizing Survey Services with respect to Lewis & Clark One -Way
Couplet Project in the amount of $28,000 and, further, authorize the City Manager to sign
the Agreement. Mr. Garrison seconded. Motion carried 6 -1. No - Larsen.
Professional Services Agreement — Design Lewis & Clark One -Way Couplet:
MOTION: Ms. Francik moved to approve the Professional Services Agreement with
TranTech Engineering, LLC authorizing Design Services with respect to the Lewis &
Clark One -Way Couplet project in the amount of $110,520 and, further, authorize the
City Manager to sign the Agreement. Mr. Martinez seconded. Motion carried 6 -1. No —
Larsen.
Property Acquisition: 1st Avenue and "A" Street:
Council and staff discussed the details of the proposed acquisition.
MOTION: Mr. Yenney moved to approve the purchase of Lot 1, Block 1, Fann's
Addition for $28,000 and, further, authorize the City Manager to execute all documents
necessary and appropriate to effect the purchase. Mr. Larsen seconded. Motion carried
unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Hoffinann noted residents of the fire damaged Sacajawea Apartments were able to
retrieve their belongings.
Council discussed time limits for public input at Council meetings.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:23 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 3rd day of September, 2013.
CITY OF PASCO
Council Meeting of: September 3, 2013
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the
[ices rende the labor performed as described herein and that the claim is a just, due and unpaid
obli Fffo n again the city and that we are authorized to authenticate and certify to said claim.
A son, Finance Services Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do
hereby certify on this 3 day of September, 2013 that the merchandise or services hereinafter specified have been received:
Check Numbers and 194467- 194643 In The Amount Of: $ 1,886,679.16
Electronic Funds Transfers: 1344, 1345
1349 -1356
Electronic Funds Transfers:
(Journal Entries)
Councilmember
In The Amount Of: $ 582631.15
16231
Combined total of $1,945,310.31
GENERAL FUND:
Legislative
Judicial
Executive
Police
Fire
Administration & Community Services
Community Development
Engineering
Non - Departmental
Library
TOTAL GENERAL FUND:
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
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI MODAL FACILITY
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMNT LODGING
LITTER CONTROL
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
ECONOMIC DEVEL & INFRASTRUCT
STADIUM /CONVENTION CENTER
GENERAL CAP PROJ CONSTRUCTION
WATERISEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAUDENTAL INSURANCE
CENTRALSTORES
PAYROLL CLEARING
LID CONSTRUCTION
PUBLIC FACILITIES DIST
TRI CITY ANIMAL CONTROL
SENIOR CENTER ASSOCIATION
GRAND TOTAL ALL FUNDS:
474,575.72
$ 1,945,310.31
3(b).1
CITY OF PASCO
Payroll Approval
The City Council
City of Pasco
Franklin County, Washington
The folio ng il a sum 8 of paj. QII claims against the City of Pasco for the month of
August 2013 w ich a � pres ted herewith!for your review and approval.
Council Meeting of:
September 3, 2013
Rick Terway, Administrative & Community Services Director
We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County,
Washington, do hereby certify that the services represented by the below expenditures have been received
and that payroll voucher No's. 45917 through 46086 and 80300 through 80309 and EFT deposit
No's. 30061321 through 30061951 and City contributions in the aggregate amount of $2,465,196.34 -are
approved for payment on this 3rd day of September 2013.
Councilmember
GENERALFUND
Councilmember
SUMMARY OF PAYROLL BY FUND
Legislative
$ 81072.66
Judicial
85,166.20
Executive
761010.08
Police
687,559.71
Fire
359,473.20
Administrative & Community Services
399,592.08
Community Development
93,112.76
Engineering
120,704.03
TOTAL GENERAL FUND 11829,690.72
CITY STREET
35,954.26
BLOCK GRANT
6,198,93
HOME CONSORTIUM
1,237.83
NSP
1,406.37
MARTIN LUTHER KING CENTER
6,556.15
AMBULANCE SERVICE FUND
172,910.92
CEMETERY
12,585.73
ATHLETIC FUND
4,040.10
SENIOR CENTER
15,043.79
STADIUM OPERATIONS
0.00
MULTI -MODAL FACILITY
0.00
BOAT BASIN
0.00
REVOLVING ABATEMENT FUND
0.00
TASK FORCE
0.00
WATER/SEWER
338,805.86
EQUIPMENT RENTAL - OPERATING
29,651.10
OLD FIRE PENSION FUND
91114.58
GRAND TOTAL ALL FUNDS
$ 2,465,196.34
Payroll Summary
Net Payroll 1,081,398.25
Employee Deductions 661,981.89
Gross Payroll 11743,380.14
City of Pasco Contributions 721,816.20
Total Payroll $ 21465,196.34 3(b).2
AGENDA REPORT
FOR: City Council August 21, 2013
TO: Gary Crutchfield, City Manager Workshop Mtg.: 8/26/13
Rick White, Regular Mtg.: 9/3/13
Community & Economic Development Director
FROM: Angie Pitman, Block Grant Administrator
SUBJECT: Amendment of HOME Annual Action Plans for HOME - Rental Assistance Activities
I. REFERENCE(S):
A. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
8/26: Discussion
9/3: Motion: I move to approve Resolution %. authorizing amendment of
HOME Annual Action Plans for conversion of homebuyer activities to
HOME - Assisted rental activities.
M. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The Community Housing Improvement Program (CHIP) used Housing Investment
Partnership (HOME) and Neighborhood Stabilization Program (NSP) funds to purchase
and rehabilitate four foreclosed and two donated homes in Pasco in 2011. Since then, three
of the homes have been purchased by low /moderate income families and an offer is
pending on the fourth.
B) One of the remaining homes is a manufactured home that has proven problematic to sell.
Banks often require up to 20% of the purchase price be paid prior to closing, which lower
income buyers have trouble providing. Interest rates for manufactured housing are often
greater than that charged for site -built housing. In 2012, the City had only received one
offer to buy the property, and that buyer was turned down by separate lenders.
C) A local non - profit agency (Columbia Basin Veterans Coalition) has expressed an interest
in utilizing this property for transitional or supportive housing.
D) Council concurred with the concept of adding "Rental Rehabilitation" to prior year Annual
Action Plans at the workshop meeting of July 23, 2013. The Planning Commission
considered the amendment at their August 15, 2013 meeting and has recommended the
amendment be approved.
V. DISCUSSION:
A) Recent changes to the HUD HOME Final rule imposed a nine -month sale deadline for
homebuyer (owner- occupied) units. A homebuyer unit that is not sold to an eligible
homebuyer within nine months of construction completion must be converted to a HOME -
assisted rental (rehabilitation) unit. The Tri- Cities HOME Consortium will need to amend
the applicable prior's year Annual Action Plan to allow for this conversion.
B) The City has received several requests in recent years from non - profits asking for grants
for single family properties to be used in their transitional or supportive housing programs.
Housing of this nature is an eligible activity under the HOME program when the tenant is
low /moderate income and expected to remain in the home for two years or greater.
C) By adding "HOME- Assisted Rental Activities" to the 2010 HOME Annual Action Plan,
the City may be able to transfer ownership of the above home to a non - profit agency that
agrees to comply with Housing and Urban Development (HUD) regulations associated
with the provision of rental housing that has been rehabilitated with federal funds. The
HOME Consortium and HUD both agree that a project of this nature would help fill a gap
in housing for low income persons.
3(c)
RESOLUTION NO,
A RESOLUTION AUTHORIZING AMENDMENT OF PRIOR YEAR HOME
ANNUAL ACTION PLANS FOR CONVERSION OF HOMEBUYER ACTIVITIES
TO HOME - ASSISTED RENTAL ACTIVITIES.
WHEREAS, Council approves federally - funded HOME Work Plan Allocations for each
program year; and
WHEREAS, recent changes to the HUD HOME Final Rule imposes a nine -month sale
deadline for homebuyer (owner - occupied) units requiring them to be converted to a HOME -
assisted rental unit; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. The Council approves substantial amendment to prior year HOME Annual
Action Plans to convert homebuyer activities to suitable HOME - assisted rental activities when
appropriate.
PASSED by the City Council of the City of Pasco this
CITY OF PASCO:
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
CMC City Clerk
day
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
2013.
AGENDA REPORT
FOR: City Council
TO: Gary Crutchfield, City Manag
Rick Terway, Administrative an mmunity
Services Director
FROM: Debbie Clark, City Clerk
SUBJECT: Surplus Fire Department Vehicle
I. REFERENCE(S):
August 21, 2013
Workshop Mtg.: 08/26/13
Regular Mtg.: 09/03/13
A. Correspondence from Chief Gear, Pasco Fire Department
B. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
08/26: Discussion
09/03: MOTION: I move to approve Resolution No. 3505 authorizing
the sale of one vehicle considered surplus to City needs.
III. FISCAL IMPACT:
$45,000.00
IV. HISTORY AND FACTS BRIEF:
A) In 1998 the City purchased a 1998 HME Ladder Truck. This vehicle has now
acquired 122,778 in mileage plus 10,000 hours of response time service. Due to
the age and maintenance issues regarding the 1989 HME Ladder Truck, in July
2013 the City purchased a Rosenbauer Ladder Truck as a replacement, said
vehicle is currently in- service, which moved the 1998 ladder truck to "surplus"
status.
B) The City does not have equipment or personnel to equip and staff 2 ladder trucks.
Because of this and the age of the ladder truck, Fire Chief Gear has requested the
1998 HME Ladder Truck be declared as surplus to City needs. Estimated value
of said vehicle $45,000.00.
C) Recently the North Lincoln Fire & Rescue District #1, Lincoln City, Oregon
contacted Fire Chief Gear regarding purchase of the 1998 HME Ladder Truck for
a sales price of $45,000.00.
D) Staff recommends the 1998 HME Ladder Truck be sold to North Lincoln Fire &
Rescue District #1 for a price of $45,000.00 - which is in the best interest of the
City. The attached resolution will serve to authorize the sale of the vehicle.
3(d)
MEMO
TO: Debbie Clark
FROM: Chief Bob GeaKV ,/
RE: Ladder Truck
DATE: August 16, 2013
With the recent purchase of a new Rosenbauer Ladder Truck, the fire department would
like to excess the 1998 HME Ladder Truck ( VIN 44KFT6489WWZ18687) currently in use.
North Lincoln Fire & Rescue District #1 has agreed to purchase the 1998 HME ladder truck
(VIN44KFT6489WWZ18687) for the purchase price of FORTY FIVE THOUSAND DOLLARS
($45,000.00).
North Lincoln Fire & Rescue District #1 would like to take possession of the ladder truck on
September 4, 2013.
If you have any further questions or need additional information regarding the excess and
sale please let me know.
RESOLUTION NO._"DS
A RESOLUTION authorizing the disposal of a Fire Department vehicle considered
surplus property to City needs.
WHEREAS, there is one vehicle considered surplus property to City needs; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO:
SECTION 1: The one item of property listed below is declared surplus:
1998 HME Ladder Truck Vin No. 44KFT6489WWZ18687
SECTION 2: The City staff is hereby authorized to sell said surplus property to North
Lincoln Fire & Rescue District #1, Lincoln City, Oregon for a price of $45,000.00 - which is in
the best interest of the City.
PASSED by the City Council of the City of Pasco this _ day of September, 2013.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Lee Kerr, City Attorney
AGENDA REPORT
FOR: City Council 1 August 28, 2013
TO: Gary Crutchfie ager Regular Mtg.: 9/3/13
Rick White,
Community & E no Development Director OVI
FROM: David I. McDonald, City Planner
SUBJECT: STREET VACATION (MF# VAC 2013 -005) A Portion of Sandifur Parkw
(Old Standard Life Insurance)
I. REFERENCE(S):
1.
Overview Map
2.
Vicinity Map
3.
Proposed Resolution
4.
Vacation Petition
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
9/3: MOTION: I move to approve Resolution No.350((0, setting 7:00
P.M., Monday, October 7, 2013, as the time and date to
conduct a public hearing to consider vacating a portion of
Sandifur Parkway.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. Sandifur Parkway was developed in the mid- 1990's with a right -of -way of 102
feet. Following the completion of the street improvements portions of the
Parkway through the original Broadmoor Park Subdivision ended up with 131
feet of right -of -way. Most of the excess right -of -way was vacated in 1996 shortly
after the outlet mall was completed. However there is a small segment of
Sandifur Parkway west of Road 92 that still contains 131 feet of right -of -way.
The current owner of the abutting property has petitioned for the vacation of the
remaining 29 feet of excess right -of -way.
B. The petition requires the City Council to fix a public hearing to consider the
vacation request. The earliest regular City Council meeting available for a public
hearing, which provides the statutory 20 -day hearing notice, is October 7, 2013.
3(e)
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RESOLUTION NO,
A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO
CONSIDER VACATING A PORTION OF SANDIFUR PARKWAY.
WHEREAS,
from
time to time in response to
petitions or in
cases where it serves the
general interest of the
City,
the City Council may vacate
rights -of -way;
and
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That a public hearing to consider vacating that portion of Sandifur Parkway described as
follows:
The
south
29 feet
of Sandifur Parkway located between the east line of Lot
9 Binding Site
Plan
96 -3
and the
east line of Lot 1, Block 3, Broadmoor Park # 1.
will be held before the City Council of the City of Pasco in the Council Chambers at 525 N.
Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on October 7, 2013. That the City
Clerk of the City of Pasco give notice of said public hearing as required by law.
Passed by the City Council of the City of Pasco this 3rd day of September, 2013.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark, CMC
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
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CITY OF PASCO
FEE $200
STREET /ALLEY VACATION PETITION
MASTER FILE # DATE SUBMITTED:
I, we the undersigned, owners of two - thirds of the privately owned abutting
property hereby petition the City Council of the City of Pasco to vacate the
following described street /alley rights -of -way:
Road Right -of -Way B, described and depicted on BSP 96 -3 recorded in Vol. 1 1 Pg. 10 -13 of BSP's,
Auditor's File No. 530271 and the South 29 feet of Sandifur Parkway lying between the Centerline
of Road 92 to the Weeline of Lot 1, Block 3, Broadmoor Park No. 1.
APPLICANT: PROPERTY OWNED (Legal Description)
Print Name: Old Standard Life Insurance Co. See attached Legal Description
Sign Name: 5 rGN Eb 3 E U LA) Fgbz e)LD Sao AcLrA
Address: PO Box 1520, Veradale, WA 99037
Phone # 509 - 990 -2007 Date 8/22/2013
Print Name: Levi 7jj114W7a4j
Sign Na
,Date Z Q
Print Name:
Sign Name:
Date
AGENDA REPORT
FOR: City Counci Aug. 22, 2013
TO: Gary Crutchfie nager Regular Mtg.: 9/3/13
Rick White, %�
Community & ono is Development Director Y
FROM: Shane O'Neill, Planner I
SUBJECT: REZONE: (MF# Z 2013 -003) Rezone from R -2 (Medium - Density Residential) to C -1
(Retail Business)
I. REFERENCE(S):
1. Vicinity Map
2. Binder containing Hearing Record*
* Previously
distributed to Council;
copies available
for public
review
in the Planning
office, the
Pasco Library and
on the city's
webpage
at http:
/ /www. ap sco_
wa. ovcitycouncilrenorts.
3. Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
9/3: CONDUCT A CLOSED RECORD HEARING
MOTION: I move to adopt Ordinance No. an ordinance rezoning the
property at 2302 E. Lewis Street from R -2 to C -1, and further,
authorize publication by summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On June 20, 2013 the Planning Commission conducted a public hearing to determine
whether or not to recommend a rezone from R -2 (Medium - Density Residential) to C -1
(Retail Business) for an approximately one acre parcel located at 2302 E. Lewis Street.
The Planning Commission recommended approval of the requested rezone to C -1.
B. On July 29, 2013 Council discussed the proposed rezone and determined that other
zoning classifications may be more appropriate for the site. A closed record hearing
should be conducted to determine if other zoning districts may be more appropriate. The
closed record hearing provides an opportunity for Council to review a full transcript of
the Planning Commission deliberations.
DISCUSSION:
A. When considering this closed record hearing, City Council has the option of accepting the
Planning Commission's recommendation approving the application, remanding the
matter back to the Planning Commission for further review on a specific issue or
initiating a request for the Planning Commission to consider a zoning classification other
than C -1 for the property.
B. If Council is of the opinion that the C -1 zoning classification is not suitable for the site in
question, Council must deny the application after adoption of findings of fact.
C. Staff has included a motion for approval as recommended by the Planning Commission.
7(a)
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE
ZONING CLASSIFICATION OF PROPERTY LOCATED AT 2302 EAST LEWIS
STREET FROM R -2 (MEDIUM DENSITY RESIDENTIAL) TO C -1 (RETAIL
BUSINESS).
WHEREAS, a complete and adequate petition for change of zoning classification has been
received and an open record hearing having been conducted by the Pasco Planning Commission upon such
petition; and,
WHEREAS, that the effect of the requested change in zoning classification shall not be
materially detrimental to the immediate vicinity; and,
WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the
requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the
requested change in zoning classification is consistent with or promotes the goals and objectives of the
Comprehensive Plan serving the general public interest in the community; and (C) there has been a change
in the neighborhood or community needs or circumstances warranting the requested change of the zoning
classification; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map,
accompanying and being part of said Ordinance shall be and hereby is changed from R -2
(Medium Density Residential) to C -I (Retail Business) for the real property as shown in the Exhibit
"1" attached hereto and described as follows:
The north 248.71' of the west 228.71' of the northwest quarter of the northwest quarter of
the southeast quarter of Section 28, Township 9 North, Range 30 East W.M.
Section
2. This ordinance shall take full force and effect five
(5)
days
after its approval, passage
and publication
as required by law.
Passed by the City Council of the City of Pasco this 3`d day of September, 2013.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
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FEE: $700.00
CITY OF PASCO
PETITION FOR CHANGE OF LAND USE CLASSIFICATION
MASTER FILE #?2Q_ 3 -0 � DATE SUBMITTED: S.t..• 13
PLEASE COMPLETE APPLICATION NEATLY
IL A tAcb -re.
(Name of Applicant)
2`1 v.laMne_ C-4
Zur'�anV , WA ` 1323
(Address)
30i - S2-1 -'f�2y
(Phone)
(Name of Owner, (if other than Applicant))
(Address)
(Phone)
General Location of Property: E_ L2w's �t Ceder
(Give location in relation to streets, intersections, etc.)
Legal Description:
�i #k 7,1 3 q00 o q 8
to Application if too Lenethvl
Square Feet /Access of Property: 91 , 195-U sy f+
Current Classification:
Requested Classification: LA"o ;,sr coot S7 Otker re4e,'1 free C1 S
se s.i�.iZ
1. Briefly describe the nature and effect of the proposed change:
�� "ICJia like 4o lenallv_scil k"e�n Irv„ mi
2. Estimated timeframe of development: tow
3. Date existing classification became effective
FEE: $700.00
4. What changed or changing condition warrant the proposed change?
iV OTT }v (ema ✓c c2-q& Co7�eig2/S
5. How will the proposed change advance the health, safety and general
welfare if the community?
L2nu�, Con ce "Vs 'il( 1� (P.M�JPJ an� 1(-nv )( C' � (�
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6. What effect will the proposed change have on the value and character of
adjacent property? i.'41c n ne.
7. How does the proposed change relate to City's Comprehensive Plan?
zt fi s < ,� n (ce 1.1 .
8. Other circumstances:
9. What effect will be realized by the owner(s) if the proposed change is not
granted? Nor s.re-- -
10. List any maps, drawings or other exhibits attached to this application:
S AFFIDAVIT
I, Jc'Fr /✓I`GI "� being duly sworn, declare that I am the legal
owner of the property involved in this application and that the foregoing
statements are answers herein contained and the application herewith
submitted are in all respects the true and correct to the best of my knowledge
and belief.
(Signature of Owner)
Subscribed and sworn before me this `PO day of 20�l.
Notary Public in for he St to of Washin ton
f� g BRENDA L. TI8 C
Residing at I(,)- i C. An CSC NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
FEE: $700.00
NOTE: Variance report giving a list and mailing address of owners of all
property within 300 feet of the applicant's property, as shown by a local
title company OR payment of $80.00 which shall be utilized to
purchase an ownership listing from the Franklin County Assessor's
Office must be included.
REPORT TO THE PLANNING COMMISSION
MASTER FILE NO. Z 2013 -003 APPLICANT: Jeff McClure
HEARING DATE: 6/20/13 29 Wayne Ct
ACTION DATE: 7/18/13 Burbank, WA 99323
BACKGROUND
REQUEST: REZONE Rezone from R -2 (Medium - Density Residential) to C-
T (Retail Business).
1. PROPERTY DESCRIPTION:
Legal: That portion of Section 28, Township 9 North, Range 30 East W.M.
described as follows; the north 248.71' of the west 228.71' of the
northwest quarter of the northwest quarter of the southeast
quarter of Section 28, Township 9 North, Range 30 East W.M.
General Location: 2302 East Lewis Street
Property Size: The parcel is approximately 1. 15 acres.
2. ACCESS: The property has access from both Lewis Street and Cedar
Avenue.
3. UTILITIES: All utilities are available to the site. Utilities will need to be
extended into the site prior to development.
4. LAND USE AND ZONING: The site is currently zoned R -2 (Medium -
Density Residential). The site contains a 2,400 square foot metal
structure. Surrounding properties are zoned and developed as follows:
North C -3 — Commercial
South R -2 — Vacant
East R -2 — Residential
West C-1— Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area
for Commercial uses. Most of the parcels fronting Lewis Street east of
Sycamore Avenue are designated 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.
1
ANALYSIS
The applicant (Mr. McClure) has requested a change of zoning for his parcel
located on the southeast corner of Lewis Street and Cedar Avenue. After a
lengthy history of Code Enforcement activity related to commercial uses in a
residential zone, Mr. McClure has applied to change the parcel's zoning from R-
2 (Medium Density Residential) to C -1 (Retail Business).
The site in question previously contained a gas station which was demolished
many years ago. In 1970, a 2,400 square foot metal shop building was
constructed on the site. Currently, the site is being used for storage of various
items; most of which are items typically associated with commercial bee
keeping. Some time ago the applicant located commercial /industrial cargo
storage containers on the property. The parcel is fenced with metal wire
fencing and from the roadway appears to be a type of commercial storage yard.
By Code, the fore mentioned conditions are not suitable in the R -2 district, nor
would said conditions be permitted in the C -1 zone.
As a strategy to bring some of the Code violations into conformance, the owner
wishes to apply commercial zoning to the parcel. A change in zoning
classification alone however will not simply eliminate all existing Code
violations; there are certain site development standards that would need to be
met before a commercial business may be formally established and licensed.
It should be noted that the site is adjacent to the Bonnie Brae residential park
to the east. Special consideration should be taken when proposing commercial
zoning adjacent to residential uses. In terms of use, Bonnie Brae conforms to
its respective zoning and Comprehensive Plan Land Use Designation.
The initial review criteria for considering a rezone application are explained in
PMC. 25.88.030. The criteria are listed below as follows:
1. The date the existing zone became effective:
The current zoning classification was established when the property was
annexed in 1994.
2. The changed conditions in the vicinity which warrant other or additional
zoning:
The Lewis Street freeway interchange was built from 1996 to 1997 adding to the
volume of commercial vehicle traffic on Lewis Street. Since 1994 right -of -way
improvements have been made to Lewis Street between Oregon Avenue and
Cedar Avenue. Those improvements included the installation of sidewalks, street
trees and roadside landscaping strips. Recently, an L.I.D. in this vicinity was
completed, adding curbs, gutters, sidewalks, etc. to much of the residential
roadways directly south of the site. The owner of this property did not
participate in the L.I.D. Since 1994 several hundred residential units were built
in the vicinity which adds to the customer base in this part of the community.
PJ
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The rezone would facilitate development of a commercial land use on Lewis
Street which is a main arterial road serving fairly dense residential
neighborhoods to the north and south. Much of the land fronting on the south
side of Lewis Street east of Oregon Ave contains non - residential uses. The site
was developed as a commercial gas station before being annexed into the city.
Upon annexation in 1994 a relatively large area of land, which included the
subject site, was designated with the R -2 zoning classification. The R -2 zone
was applied to the annexed land because at the time that area contained the
Bonnie Brae trailer park. Since 1994 other non - residential development has
occurred on Lewis Street. Rezoning the site may facilitate the property becoming
fully developed with the necessary infrastructure, landscaping and building
improvements. The proposal could have a positive impact upon the general
public and the welfare of the community by enhancing the eastern entrance to
the City. Such development supports past public expenditures for streetscape
improvements along East Lewis Street. Additionally, the rezone will provide
more area for the development of retail services serving many of the new homes
in the area.
4. The effect it will have on the nature and value of adjoining property and
the Comprehensive Plan:
Based on past experience with rezoning underutilized land and evidence
provided by tax records of Franklin County, the proposed rezone will not
negatively impact adjoining properties. Rezoning the property will assist with
the implementation of the Comprehensive Plan. In May, 2013 staff researched
the tax record history for homes located adjacent to parcels zoned C -1 compared
to homes not abutting C -1 zones. The tax records indicate no significant
difference between the two categories; homes adjacent to C -1 zoned parcels held
the same patterns in assessed value as the homes not abutting C -1 zones.
5. The effect on the property owners if the request is not granted:
Retaining the residential zoning for the parcel would require the owner cease all
on -site commercial and /or industrial business activity. The existing metal
building could not be used until a residential use is established. It may also be a
requirement that any proposed residential structure be larger in floor area than
the existing 2,400 square foot metal building or to remove the metal building
before residential construction would be permitted.
6. The Comprehensive Plan land use designation for the property:
The Comprehensive Plan designates the site for Commercial uses. A change in
zoning classification from R -2 (Medium- Density Residential) to C -1 (Retail
Business) is consistent with the Plan's Land Use Map. Plan Policy LU -4 -B
encourages the location of commercial facilities at major street intersections to
avoid commercial sprawl and avoid disrupting residential neighborhoods, and to
leverage major infrastructure availability. The site in question is located on
3
Lewis Street (major arterial) very near the intersection of Heritage Boulevard
which ultimately serves as a freeway on -ramp. The sites' locational circumstance
may best serve the city in a commercial capacity.
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 approximately 1. 15 acres in area.
2. The site is currently zoned R -2 (Medium- Density Residential).
3. The Comprehensive Plan designates the site for Commercial uses.
4. The proposed change of zoning is consistent with the Comprehensive
Plan.
5. The site previously contained a gas service station which also
distributed bulk oil products.
6. The site was developed with an automotive service station and bulk oil
distribution facility while in Franklin County's jurisdiction.
7. The site fronts both Lewis Street and Cedar Avenue.
8. The Commercial Land Use Designation in the Comprehensive Plan
includes the C -1 (Retail Business) zone.
9. City records indicate the property owner has been conducting non-
residential activity on the site for the past few years.
10. The existing 2,400 square foot metal shop structure was constructed
in 1970.
11. The site was annexed into the city in 1994 by Ordinance #3033.
12. The R -2 zone was applied to the site upon annexation.
13. East Lewis Street between Oregon Avenue and Cedar Avenue was
treated with right -of -way improvements including sidewalks, street
trees and roadside landscaping strips.
14. Since 1994 several hundred residential housing units were
established in that area of the community east of Oregon Avenue.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a Rezone, the Planning Commission
must develop its conclusions from the Findings of Fact based upon the criteria
listed in P.M.C. 25.88.060 and determine whether or not:
1. The proposal is in accordance with the goals and policies of the
Comprehensive Plan.
The proposal is consistent with the Comprehensive Plan Land Use Map and
several Plan policies and goals. The request for C -1 zoning is consistent with the
Commercial Land Use Designation.
a
2. The effect of the proposal on the immediate vicinity will not be materially
detrimental.
The application of the C -1 zone alone will not authorize the owner to continue his
current business activity without developing the site to current standards. The
nature of the current non - residential activity detracts from the appeal of the
vicinity. The C -1 zone in this location will not inherently be a detriment to the
immediate vicinity. Many uses permitted in the C -1 zone would be beneficial in
serving the surrounding neighborhoods.
3. There is merit and value in the proposal for the community as a whole
Surrounding residential neighborhoods may support increased commercial
developments fronting Lewis Street. The C -1 zone in this location is consistent
with the City's Comprehensive Plan. The rezone will facilitate the establishment
of additional commercial services on Lewis Street. Considering the dense
residential development, primarily to the north, there may be value and merit to
increasing the commercial land bordering the main arterial road which serves the
vicinity. Due to its ease of access, the most suitable use of land immediately
surrounding the Lewis Street freeway interchange may be that of a commercial
node.
4. Conditions should be imposed in order to mitigate any significant
adverse impacts from the proposal.
The applicant has not proposed any specific development plan to be considered
for the application of any special conditions or restrictions beyond those built into
the C -1 zoning language. The C -1 zone contains requirements for special permit
review for uses which may be disruptive to adjacent or nearby residences. C -1
permitted uses were developed with consideration to the fact that C -1 zones
commonly abut residential zones throughout the city. No special site- specific
conditions are proposed by staff.
5. A Concomitant Agreement should be entered into between the City and
the petitioner, and if so, the terms and conditions of such an agreement.
A Concomitant Agreement is not proposed by staff.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact
and conclusions therefrom as contained in the July 18, 2013
staff report.
MOTION for Recommendation: I move based on the findings
of fact and conclusions as adopted the Planning Commission
recommend the City Council approve the rezone from R -2
(Medium Density Residential) to C -1 (Retail Business) for 2302
E. Lewis Street.
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STATE OF WASHINGTON
CITY OF PASCO
In Re: Rezone from R -2, )
(Medium Density Residential), )
To C -1 (Retail Business), ) Master File # Z 2013 -003
Jeff McClure )
EXCERPT OF THE PASCO PLANNING COMMISSION MEETING
TIME: 7:00 p.m., Thursday, June 20, 2013
TAKEN AT: Pasco City Hall
Pasco, Washington
CALLED BY: City of Pasco
TRANSCRIBED BY: Krystle Shanks, Administrative Assistant II
City of Pasco
Community & Economic Development Department
Krystle Shanks, Administrative Assistant II
City of Pasco - Community & Economic Development Department
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APPEARANCES
FOR THE PASCO PLANNING COMMISSION:
COMMISSIONER ANDY ANDERSON
COMMISSIONER ALECIA GREENAWAY
COMMISSIONER LOREN POLK
COMMISSIONER PAUL HILLIARD
COMMISSIONER ZAHRA KHAN
ALSO PRESENT:
MR. RICK WHITE
MR. DAVID MCDONALD
MR. SHANE O'NEILL
MS. ANGELA PITMAN
MS. KRYSTLE SHANKS
Krystle Shanks, Administrative Assistant II
City of Pasco - Community & Economic Development Department
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BE IT REMEMBERED that on Thursday, June 20, 2013 at 7:00 p.m., at
Pasco City Hall, Pasco, Washington, the Pasco Planning Commission
Meeting was taken before Krystle Shanks, Administrative Assistant II
of the Community & Economic Development Department for the City of
Pasco. The following proceedings took place:
PROCEEDINGS
CHAIRMAN HILLIARD: The next item on the agenda is a request for a
rezone from R -2 (Medium Density Residential) to a C -1 (Retail
Business), the location is 2302 E. Lewis Street and the Master File is
Z 2013 -003. And we'll start our comments with City Staff.
MR. O'NEILL: Thank you Chairman, Commissioners. This is a
rezone application filed by Jeff McClure, the owner of the site shown
at the southeast corner of Cedar and Lewis Street. The site is
currently zoned R -2 (Medium Density Residential) and it's developed
with a metal structure at this time. Much of the frontage is
unimproved; there are some sidewalks on Lewis Street I believe. The
parcel is approximately 1.15 acres and the Comprehensive Plan
designates this site for Commercial Uses. After a fairly lengthy
history with Code Enforcement and related to unpermitted and
unlicensed Commercial type of business activity going on at the site,
Krystle Shanks, Administrative Assistant II
City of Pasco - Community & Economic Development Department
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due to that the applicant has applied to rezone the site to something
that would allow Commercial business activity, however, the rezone
itself won't simply remedy the current Code Enforcement issues in
their entirety. Pasco has development standards along right -of -ways
that need to be met before a business license can be issued.
Currently there's ... this site has been known to store beekeeping type of
equipment and such. It should be noted that the sides adjacent to the
Bonnie Brae Residential Trailer Park, not all trailers, it's on the
east of this site, and that special consideration should be taken when
proposing Commercial Zoning next to Residential Uses.
In staff's opinion, it can be justified to rezone this site
Commercially and due to the Comprehensive Plan as well as some of the
right -of -way improvements that the City has paid for along Lewis
Street over the years, rezoning the site Commercially would possibly
facilitate Commercial development. This is a main arterial and it
serves a fairly large residential community, especially to the north,
there's a fairly dense R -1 -A Zone, a few hundred homes at least.
Much of the land fronting Lewis Street, which would only be to the
west, is also Commercially Zoned and has non - residential uses
established on it. The Inspection Services Manager has informed
Planning staff that this applicant is scheduled for a Code Board
Hearing on the matters addressed through Code Enforcement cases.
Krystle Shanks, Administrative Assistant II
City of Pasco - Community & Economic Development Department
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I believe the applicant is here tonight to speak on this item.
From a planning perspective, this rezone application does seem to have
some merit. A concomitant agreement is not being proposed at this
time. If you have any questions I would be happy to answer.
CHAIRMAN HILLIARD: Commissioners, do you have any questions or
comments for city staff?
COMMISSIONER GREENAWAY: I see in 1970 it was a gas station. Was
it zoned Commercial then? I mean, how did it become a gas station if
it was always a residential?
MR. O'NEILL: At the time it was developed with a gas station it
was within the County's jurisdiction. I'm not sure of their zoning at
that time.
COMMISSIONER GREENAWAY: And we took possession of that
approximately when?
MR. O'NEILL: I believe it says in the report here...
COMMISSIONER POLK: 1994.
MR. O'NEILL: 1994.
COMMISSIONER GREENAWAY: Ok, thank you.
MR. O'NEILL: Ok, yes it was 1994.
CHAIRMAN HILLIARD: Any other questions for the staff? (PAUSE).
Krystle Shanks, Administrative Assistant II
City of Pasco — Community & Economic Development Department
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MR. MCCLURE: Jeff McClure, 2302 E. Lewis.
CHAIRMAN HILLIARD: Do you have any questions for us?
MR. MCCLURE: Not that I can think of, no.
CHAIRMAN HILLIARD: Ok, Commissioners do you have questions or
comments?
COMMISSIONER ANDERSON: Mr. McClure, what do you anticipate to
use this piece of property for is we change the zoning for you.
MR. MCCLURE: Currently I have, I have bee boxes there, stuff
like that. I store honey barrels but I don't, as far as do, I don't do
any business per say; exchanging money or anything like that. So to
legally have there I have to rezone this to Commercial so I can apply
for a City of Pasco business license.
COMMISSIONER ANDERSON: So you can keep your beekeeping
business, correct?
MR. MCCLURE: Correct. There's no heel thara nr anvthina ;IIC+
boxes.
COMMISSIONER ANDERSON: Are you utilizing the building in the
background in the picture, sir?
MR. MCCLURE: Say that again.
COMMISSIONER ANDERSON: There's a building in the pictures in
the background.
Krystle Shanks, Administrative Assistant II
City of Pasco - Community & Economic Development Department
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MR. MCCLURE: Yeah, there's a 40 by 60 shop on the inside and
it's pretty much empty besides the concrete floor.
COMMISSIONER ANDERSON: Ok, you've read all the conditions in
the staff report and you don't have any problem with them?
MR. MCCLURE: No. Ok, thank you.
CHAIRMAN HILLIARD: I'll open this to the public. You can take a
seat. We may have more questions for you in a minute. I'll open to the
public any individuals who wish to speak on this particular item, now is
the time to come forward and speak. Please state your name and address
Ifor the record.
Going once, going twice, three. I would entertain a motion.
COMMISSIONER POLK: I move to close the hearing on the proposed
rezone and initiate deliberations and schedule adoption of findings of
fact, conclusions and a recommendation to City Council for the July 18,
2013 meeting.
COMMISSIONER GREENAWAY: Second it.
CHAIRMAN HILLIARD: All those in favor say, "Aye"
COMMISSIONERS: Aye. (UNANIMOUSLY).
CHAIRMAN HILLIARD: All those opposed say, "Nay ". (Silence).
Let the record show that it was moved by Commissioner Polk and seconded
by Commissioner Greenaway. The motion passed unanimously.
Krystle Shanks, Administrative Assistant II
City of Pasco - Community & Economic Development Department
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MR. O'NEILL: This item will come back before you next month on
July 18tn
(CONCLUDED.)
Krystle Shanks, Administrative Assistant II
City of Pasco - Community & Economic Development Department
REPORT TO THE PLANNING COMMISSION
MASTER FILE NO. Z 2013 -003 APPLICANT: Jeff McClure
HEARING DATE: 6/20/13 29 Wayne Ct
ACTION DATE: 7/18/13 Burbank, WA 99323
BACKGROUND
REQUEST: REZONE Rezone from R -2 (Medium - Density Residential) to C
1 (Retail Business)
1. PROPERTY DESCRIPTION:
Legal: That portion of Section 28, Township 9 North, Range 30 East
W.M. described as follows; the north 248.71' of the west 228.71' of
the northwest quarter of the northwest quarter of the southeast
quarter of Section 28, Township 9 North, Range 30 East W.M.
General Location: 2302 East Lewis Street
Property Size: The parcel is approximately 1. 15 acres.
2. ACCESS: The property has access from both Lewis Street and Cedar
Avenue.
3. UTILITIES: All utilities are available to the site. Utilities will need to be
extended into the site prior to development.
4. LAND USE AND ZONING: The site is currently zoned R -2 (Medium -
Density Residential). The site contains a 2,400 metal structure.
Surrounding properties are zoned and developed as follows:
North C -3 — Commercial
South R -2 — Vacant
East R -2 — Residential
West C -1 —Vacant
S. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area
for Commercial uses. Most of the parcels fronting Lewis Street east of
Sycamore Avenue are designated 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 applicant (Mr. McClure) has requested a change of zoning for his parcel
located on the southeast corner of Lewis Street and Cedar Avenue. After a
lengthy history of Code Enforcement activity related to commercial uses in a
residential zone, Mr. McClure has applied to change the parcel's zoning from R-
2 (Medium Density Residential) to C -1 (Retail Business).
The site in question previously contained a gas station which was demolished
many years ago. In 1970, a 2,400 square foot metal shop building was
constructed on the site. Currently, the site is being used for storage of various
items; most of which are items typically associated with commercial bee
keeping. Some time ago the applicant located commercial /industrial cargo
storage containers on the property. The parcel is fenced with metal wire
fencing and from the roadway appears to be a type of commercial storage yard.
By Code, the fore mentioned conditions are not suitable in the R -2 district, nor
would said conditions be permitted in the C -1 zone.
As a strategy to bring some of the Code violations into conformance, the owner
wishes to apply commercial zoning to the parcel. A change in zoning
classification alone however will not simply eliminate all existing Code
violations; there are certain site development standards that would need to be
met before a commercial business may be formally established and licensed.
It should be noted that the site is adjacent to the Bonnie Brae residential park
to the east. Special consideration should be taken when proposing commercial
zoning adjacent to residential uses. In terms of use, Bonnie Brae conforms to
its respective zoning and Comprehensive Plan Land Use Designation.
The initial review criteria for considering a rezone application are explained in
PMC. 25.88.030. The criteria are listed below as follows:
1. The date the existing zone became effective:
The current zoning classification was established when the property was
annexed in 1994.
2. The changed conditions in the vicinity which warrant other or additional
zoning:
The Lewis Street freeway interchange was built from 1996 to 1997 adding to the
volume of commercial vehicle traffic on Lewis Street. Since 1994 right -of -way
improvements have been made to Lewis Street between Oregon Avenue and
Cedar Avenue. Those improvements included the installation of sidewalks, street
trees and roadside landscaping strips. Recently, an L.I.D. in this vicinity was
completed, adding curbs, gutters, sidewalks, etc. to much of the residential
roadways directly south of the site. The owner of this property did not
f►]
participate in the L.I.D. Since 1994 several hundred residential units were built
in the vicinity which adds to the customer base in this part of the community.
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The rezone would facilitate development of a commercial land use on Lewis
Street which is a main arterial road serving fairly dense residential
neighborhoods to the north and south. Much of the land fronting on the south
side of Lewis Street east of Oregon Ave contains non - residential uses. The site
was developed as a commercial gas station before being annexed into the city.
Upon annexation in 1994 a relatively large area of land, which included the
subject site, was designated with the R -2 zoning classification. The R -2 zone
was applied to the annexed land because at the time that area contained the
Bonnie Brae trailer park. Since 1994 other non - residential development has
occurred on Lewis Street. Rezoning the site may facilitate the property becoming
fully developed with the necessary infrastructure, landscaping and building
improvements. The proposal could have a positive impact upon the general
public and the welfare of the community by enhancing the eastern entrance to
the City. Such development supports past public expenditures for streetscape
improvements along East Lewis Street. Additionally the rezone will provide
more area for the development of retail services serving many of the new homes
in the area.
4. The effect it will have on the nature and value of adjoining property and
the Comprehensive Plan:
Based on past experience with rezoning underutilized land and evidence
provided by tax records of Franklin County, the proposed rezone will not
negatively impact adjoining properties. Rezoning the property will assist with
the implementation of the Comprehensive Plan. In May, 2013 staff researched
the tax record history for homes located adjacent to parcels zoned C -1 compared
to homes not abutting C -1 zones. The tax records indicate no significant
difference between the two categories; homes adjacent to C -1 zoned parcels held
the same patterns in assessed value as the homes not abutting C -1 zones.
5. The effect on the property owners if the request is not granted:
Retaining the residential zoning for the parcel would require the owner cease all
on -site commercial and /or industrial business activity. The existing metal
building could not be used until a residential use is established. It may also be a
requirement that any proposed residential structure be larger in floor area than
the existing 2,400 square foot metal building or to remove the metal building
before residential construction would be permitted.
6. The Comprehensive Plan land use designation for the property:
The Comprehensive Plan designates the site for Commercial uses. A change in
zoning classification from R -2 (Medium- Density Residential) to C -1 (Retail
Business) is consistent with the Plan's Land Use Map. Plan Policy LU -4 -B
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encourages the location of commercial facilities at major street intersections to
avoid commercial sprawl and avoid disrupting residential neighborhoods, and to
leverage major infrastructure availability. The site in question is located on
Lewis Street (major arterial) very near the intersection of Heritage Boulevard
which ultimately serves as a freeway on -ramp. The sites' locational circumstance
may best serve the city in a commercial capacity.
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 approximately 1. 15 acres in area.
2. The site is currently zoned R -2 (Medium- Density Residential).
3. The Comprehensive Plan designates the site for Commercial uses.
4. The proposed change of zoning is consistent with the Comprehensive
Plan.
5. The site previously contained a gas service station which also
distributed bulk oil products.
6. The site was developed with an automotive service station and bulk oil
distribution facility while in Franklin County's jurisdiction.
7. The site fronts both Lewis Street and Cedar Avenue.
8. The Commercial Land Use Designation in the Comprehensive Plan
includes the C -1 (Retail Business) zone.
9. City records indicate the property owner has been conducting non-
residential activity on the site for the past few years.
10. The existing 2,400 square foot metal shop structure was constructed
in 1970.
11. The site was annexed into the city in 1994 by Ordinance #3033.
12. The R -2 zone was applied to the site upon annexation.
13. East Lewis Street between Oregon Avenue and Cedar Avenue was
treated with right -of -way improvements including sidewalks, street
trees and roadside landscaping strips.
14. Since 1994 several hundred residential housing units were
established in that area of the community east of Oregon Avenue.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a Rezone, the Planning Commission
must develop its conclusions from the Findings of Fact based upon the criteria
listed in P.M.C. 25.88.060 and determine whether or not:
1. The proposal is in accordance with the goals and policies of the
Comprehensive Plan.
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The proposal is consistent with the Comprehensive Plan Land Use Map and
several Plan policies and goals. The request for C -1 zoning is consistent with the
Commercial Land Use Designation. Land Use Policy ...
2. The effect of the proposal on the immediate vicinity will not be materially
detrimental.
The application of the C -1 zone alone will not authorize the owner to continue his
current business activity without developing the site to current standards. The
nature of the current non - residential activity detracts from the appeal of the
vicinity. The C -1 zone in this location will not inherently be a detriment to the
immediate vicinity. Many uses permitted in the C -1 zone would be beneficial in
serving the surrounding neighborhoods.
3. There is merit and value in the proposal for the community as a whole.
Surrounding residential neighborhoods may support increased commercial
developments fronting Lewis Street. The C -1 zone in this location is consistent
with the City's Comprehensive Plan. The rezone will facilitate the establishment
of additional commercial services on Lewis Street. Considering the dense
residential development, primarily to the north, there may be value and merit to
increasing the commercial land bordering the main arterial road which serves the
vicinity. Due to its ease of access, the most suitable use of land immediately
surrounding the Lewis Street freeway interchange may be that of a commercial
node.
4. Conditions should be imposed in order to mitigate any significant
adverse impacts from the proposal.
The applicant has not proposed any specific development plan to be considered
for the application of any special conditions or restrictions beyond those built into
the C -1 zoning language. The C -1 zone contains requirements for special permit
review for uses which may be disruptive to adjacent or nearby residences. C -1
permitted uses were developed with consideration to the fact that C -1 zones
commonly abut residential zones throughout the city. No special site - specific
conditions are proposed by staff.
5. A Concomitant Agreement should be entered into between the City and
the petitioner, and if so, the terms and conditions of such an agreement.
A Concomitant Agreement is not proposed by staff.
RECOMMENDATION
MOTION: I move to close the hearing on the proposed rezone and
initiate deliberations and schedule adoption of findings of fact,
conclusions and a recommendation to the City Council for the July
18, 2013 meeting.
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STATE OF WASHINGTON
CITY OF PASCO
In Re: Rezone from R -2, )
(Medium Density Residential), )
To C -1 (Retail Business), ) Master File # Z 2013 -003
Jeff McClure )
EXCERPT OF THE PASCO PLANNING COMMISSION MEETING
TIME: 7:00 p.m., Thursday, July 18, 2013
TAKEN AT: Pasco City Hall
Pasco, Washington
CALLED BY: City of Pasco
TRANSCRIBED BY: Krystle Shanks, Administrative Assistant II
City of Pasco
Community & Economic Development Department
Krystle Shanks, Administrative Assistant II
City of Pasco - Community & Economic Development Department
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APPEARANCES
FOR THE PASCO PLANNING COMMISSION:
COMMISSIONER
COMMISSIONER
COMMISSIONER
COMMISSIONER
COMMISSIONER
COMMISSIONER
ALSO PRESENT:
70E CRUZ
TIM HOEKSTRA
ANDY ANDERSON
ALECIA GREENAWAY
LOREN POLK
PAUL HILLIARD
MR. RICK WHITE
MR. DAVID MCDONALD
Krystle Shanks, Administrative Assistant II
City of Pasco - Community & Economic Development Department
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BE IT REMEMBERED that on Thursday, June 20, 2013 at 7:00 p.m., at
Pasco City Hall, Pasco, Washington, the Pasco Planning Commission
Meeting was taken before David McDonald, City Planner, of the
Community & Economic Development Department for the City of Pasco.
The following proceedings took place:
PROCEEDINGS
CHAIRMAN CRUZ: Item number 5b, is rezone from R -2 (Medium Density
Residential) to C -1 (Retail Business), applicant is Mr. McClure, Master
(File Number Z2013 -003.
Mr. White?
MR. WHITE: Thank you, Mr. Chairman. Again, unless the Commission
has questions, nothing further than was already discussed at last
month's meeting.
CHAIRMAN CRUZ: Ok. Thank you very much. Any questions or
comments on behalf of the Planning Commission? (Pause).
COMMISSIONER GREENAWAY: I move to adopt findings of facts,
conclusions, therefore as contained in the July 18, 2013 staff report.
COMMISSIONER HILLIARD: Second.
CHAIRMAN CRUZ: Moved by Commissioner Greenaway, seconded by
Commissioner Hilliard. All those in favor say, "Aye ".
Krystle Shanks, Administrative Assistant II
City of Pasco - Community & Economic Development Department
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COMMISSIONERS: Aye. (Unanimously).
CHAIRMAN CRUZ: All those opposed? (Pause). Let the record show
the motion passed unanimously.
COMMISSIONER GREENAWAY: Motion for recommendation. I move based
on the findings of fact and conclusions the adoption of the Planning
Commission recommended the City Council approve rezone from R -2 (Medium
Density Residential) to C -1 (Retail Business) for 2302 East Lewis
IStreet.
COMMISSIONER HILLIARD: Second.
CHAIRMAN CRUZ: Moved by Commissioner Greenaway, seconded by
>sioner Hilliard. All those in favor say, "Aye ".
COMMISSIONERS: Aye. (Unanimously).
CHAIRMAN CRUZ: All opposed? (Pause). Let the record show the
Mr. White?
MR. WHITE: Again, to the special Council meeting on July 29th unless
a appeal has been received.
(CONCLUDED.)
Krystle Shanks, Administrative Assistant II
City of Pasco - Community & Economic Development Department
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AGENDA REPORT
FOR: City Council July 19, 2013
TO: Gary Cmtchfie , Manager Special Mtg.: 7/29/13
Rick White,
Community & Economic Development Directorv-
FROM: Shane O'Neill, Planner I 1111
SUBJECT: REZONE: (MF# Z 2013 -003) Rezone from R -2 (Medium - Density Residential) to
C -1 (Retail Business)
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Ordinance
3. Planning Commission Report
4. Planning Commission Minutes: Dated 6/20/13 & 7/18/13
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
7129: MOTION: I move to adopt Ordinance No. , an Ordinance
rezoning the property located at 2302 E. Lewis Street from R-
2 to C -1, and further, authorize publication by summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On June 20, 2013 the Planning Commission conducted a public hearing to determine
whether or not to recommend a Rezone from R -2 (Medium - Density Residential) to C-
1 (Retail Business) for an approximately one acre parcel located at 2302 E. Lewis
Street.
B. Following the conduct of a public hearing, the Planning Commission reasoned it
would be appropriate to recommend a change in zoning for the Property in question.
C. No written appeal of the Planning Commission's recommendation has been received.
8(a)
aA'PR
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE
ZONING CLASSIFICATION OF PROPERTY LOCATED AT 2302 EAST LEWIS
STREET FROM R -2 (MEDIUM DENSITY RESIDENTIAL) TO C -1 (RETAIL
BUSINESS).
WHEREAS, a complete and adequate petition for change of zoning classification has been
received and an open record hearing having been conducted by the Pasco Planning Commission upon such
petition; and,
WHEREAS, that the effect of the requested change in zoning classification shall not be
materially detrimental to the immediate vicinity; and,
WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the
requested cbange for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the
requested change in zoning classification is consistent with or promotes the goals and objectives of the
Comprehensive Plan serving the general public interest in the community; and (C) there has been a change
in the neighborhood or community needs or circumstances warranting the requested change of the zoning
classification; NOW, THEREFORE,
THE CrFY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map,
accompanying and being part of said Ordinance shall be and hereby is changed from R -2
(Medium Density Residential) to C -1 (Retail Business) for the real property as shown in the Exhibit
"1" attached hereto and described as follows:
The north 248.71' of the west 228.71' of the northwest quarter of the northwest quarter of
the southeast quarter of Section 28, Township 9 North, Range 30 East W.M.
Section 2. This ordinance shall take full force and effect five (5) days after its approval, passage
and publication as required by law.
Passed by the City Council of the City of Pasco this 29t° day of July, 2013.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attomey
REPORT TO THE PLANNING COMMISSION
MASTER FILE NO: Z 2013 -003 APPLICANT: Jeff McCiure
HEARING DATE: 6/20/13 29 Wayne Ct
ACTION DATE: 7/18/13 Burbank, WA 99323
BACKGROUND
REQUEST: REZONE Rezone from R -2 (Medium- Density Residential) to C
1 (Retail Business)
1. PROPERTY DESCRIPTION:
Legal: That portion of Section 28, Township 9 North, Range 30 East W.M.
described as follows; the north 248.71' of the west 228.71' of the
northwest quarter of the northwest quarter of the southeast
quarter of Section 28, Township 9 North, Range 30 East W.M.
General Location, 2302 East Lewis Street
Property Size: The parcel is approximately 1. 15 acres.
2. ACCESS: The property has access from both Lewis Street and Cedar
Avenue.
3. UTILITIES: All utilities are available to the site. Utilities will need to be
extended into the site prior to development.
4. LAND USE AND ZONING: The site is currently zoned R -2 (Medium -
Density Residential). The site contains a 2,400 square foot metal
structure. Surrounding properties are zoned and developed as follows:
North
C -3 - Commercial
South
R -2 -Vacant
East
R -2 - Residential
West
C-1- Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area
for Commercial uses. Most of the parcels fronting Lewis Street east of
Sycamore Avenue are designated 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 applicant (Mr. McClure) has requested a change of zoning for his parcel
located on the southeast comer of Lewis Street and Cedar Avenue. After a
lengthy history of Code Enforcement activity related to commercial uses in a
residential zone, Mr. McClure has applied to change the parcel's zoning from R-
2 (Medium Density Residential) to C -1 (Retail Business).
The site in question previously contained a gas station which was demolished
many years ago. In 1970, a 2,400 square foot metal shop building was
constructed on the site. Currently, the site is being used for storage of various
items; most of which are items typically associated with commercial bee
keeping. Some time ago the applicant located commercial /industrial cargo
storage containers on the property. The parcel is fenced with metal wire
fencing and from the roadway appears to be a type of commercial storage yard.
By Code, the fore mentioned conditions are not suitable in the R -2 district, nor
would said conditions be permitted in the C -1 zone.
As a strategy to bring some of the Code violations into conformance, the owner
wishes to apply commercial zoning to the parcel. A change in zoning
classification alone however will not simply eliminate all existing Code
violations; there are certain site development standards that would need to be
met before a commercial business may be formally established and licensed.
It should be noted that the site is adjacent to the Bonnie Brae residential park
to the east. Special consideration should be taken when proposing commercial
zoning adjacent to residential uses. In terms of use, Bonnie Brae conforms to
its respective zoning and Comprehensive Plan Land Use Designation.
The initial review criteria for considering a rezone application are explained in
PMC. 25.88.030. The criteria are listed below as follows:
1. The date the existing zone became effective:
The current zoning classification was established when the property was
annexed in 1994.
2. The changed conditions in the vicinity which warrant other or additional
zoning:
The Lewis Street freeway interchange was built from 1996 to 1997 adding to the
volume of commercial vehicle traffic on Lewis Street. Since 1994 right -of- -way
improvements have been made to Lewis Street between Oregon Avenue and
Cedar Avenue. Those improvements included the installation of sidewalks, street
trees and roadside landscaping strips. Recently, an L.I.D. in this vicinity was
completed, adding curbs, gutters, sidewalks, etc, to much of the residential
roadways directly south of the site. The owner of this property did not
participate in the L.I.D. Since 1994 several hundred residential units were built
in the vicinity which adds to the customer base in this part of the community.
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The rezone would facilitate development of a commercial land use on Lewis
Street which is a main arterial mad serving fairly dense residential
neighborhoods to the north and south Much of the land fronting on the south
side of Lewis Street east of Oregon Ave contains non- residential uses. The site
was developed as a commercial gas station before being annexed into the city.
Upon annexation in 1994 a relatively large area of land, which included the
subject site, was designated with the R -2 zoning classification. The R -2 zone
was applied to the annexed land because at the time that area contained the
Bonnie Brae trailer park. Since 1994 other non - residential development has
occurred on Lewis Street. Rezoning the site may facilitate the property becoming
fully developed with the necessary infrastructure, landscaping and building
improvements. The proposal could have a positive impact upon the general
public and the welfare of the community by enhancing the eastern entrance to
the City. Such development supports past public expenditures for streetscape
improvements along East Lewis Street. Additionally, the rezone will provide
more area for the development of retail services serving many of the new homes
in the area.
4. The effect it will have on the nature and value of adjoining property and
the Comprehensive Plan:
Based on past experience with rezoning underutilized land and evidence
provided by tax records of FYUnklin County, the proposed rezone will not
negatively impact adjoining properties. Rezoning the property will assist with
the implementation of the Comprehensive Plan. In May, 2013 staff researched
the tax record history for homes located adjacent to parcels zoned C -1 compared
to homes not abutting C -I zones. The tax records indicate no significant
difference between the two categories, homes adjacent to C -1 zoned parcels held
the same patterns in assessed value as the homes not abutting C -1 zones.
5. The effect on the property owners if the request is not granted:
Retaining the residential zoning for the parcel would require the owner cease all
on -site commercial and /or industrial business activity. The existing metal
building could not be used until a residential use is established. It may also be a
requirement that any proposed residential structure be larger in floor area than
the existing 2,400 square foot metal building or to remove the metal building
before residential construction would be permitted.
6. The Comprehensive Plan land use designation for the property:
The Comprehensive Plan designates the site for Commercial uses. A change in
zoning classification from R-2 (Medium - Density Residential) to C -1 (Retail
Business) is consistent with the Plan's Land Use Map. Plan Policy LU-4 -B
encourages the location of commercial facilities at major street intersections to
avoid commercial sprawl and avoid disrupting residential neighborhoods, and to
leverage major infrastructure availability. The site in question is located on
Lewis Street (major arterial) very near the intersection of Heritage Boulevard
which ultimately serves as a freeway on -ramp. The sites' locational circumstance
may best serve the city in a commercial capacity.
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 approximately 1. 15 acres in area.
2. The site is currently zoned R -2 (Medium - Density Residential).
3. The Comprehensive Plan designates the site for Commercial uses.
4. The proposed change of zoning is consistent with the Comprehensive
Plan.
5. The site previously contained a gas service station which also
distributed bulk oil products.
6. The site was developed with an automotive service station and bulk oil
distribution facility while in Franklin County's jurisdiction.
7. The site fronts both Lewis Street and Cedar Avenue.
8. The Commercial Land Use Designation in the Comprehensive Plan
includes the C -1 (Retail Business) zone.
9. City records indicate the property owner has been conducting non-
residential activity on the site for the past few years.
10. The existing 2,400 square foot metal shop structure was constructed
in 1970.
11. The site was annexed into the city in 1994 by Ordinance #3033.
12. The R -2 zone was applied to the site upon annexation.
13. East Lewis Street between Oregon Avenue and Cedar Avenue was
treated with right -of -way improvements including sidewalks, street
trees and roadside landscaping strips.
14. Since 1994 several hundred residential housing units were
established in that area of the community east of Oregon Avenue.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a Rezone, the Planning Commission
must develop its conclusions from the Findings of Fact based upon the criteria
listed in P.M.C. 25.88.060 and determine whether or not:
1. The proposal is in accordance with the goals and policies of the
Comprehensive Plan.
The proposal is consistent with the Comprehensive Plan Land Use Map and
several Plan policies and goals. The request for C -1 zoning is consistent with the
Commercial Land Use Designation.
2. The effect of the proposal on the immediate vicinity will not be materially
detrimental.
The application of the C -1 zone alone will not authorize the owner to continue his
current business activity without developing the site to current standards. The
nature of the current non - residential activity detracts from the appeal of the
vicinity. The C -1 zone in this location will not inherently be a detriment to the
immediate vicinity. Many uses permitted in the C -1 zone would be beneficial in
serving the surrounding neighborhoods.
3. There is merit and value in the proposal for the community as a whole.
Surrounding residential neighborhoods may support increased commercial
developments fronting Lewis Street. The C -1 zone in this location is consistent
with the City's Comprehensive Plan. The rezone will facilitate the establishment
of additional commercial services on Lewis Street. Considering the dense
residential development primarily to the north, there may be value and merit to
increasing the commercial land bordering the main arterial road which serves the
vicinity. Due to its ease of access, the most suitable use of land immediately
surrounding the Lewis Street freeway interchange may be that of a commercial
node.
4. Conditions should be imposed in order to mitigate any significant
adverse impacts from the proposal.
The applicant has not proposed any specific development plan to be considered
for the application of any special conditions or restrictions beyond those built into
the C -1 zoning language. The C -1 zone contains requirements for special permit
review for uses which may be disruptive to adjacent or nearby residences. C -1
permitted uses were developed with consideration to the fact that C -1 zones
commonly abut residential zones throughout the city. No special site - specific
conditions are proposed by staff.
5. A Concomitant Agreement should be entered into between the City and
the petitioner, and if so, the terms and conditions of such an agreement.
A Concomitant Agreement is not proposed by staff.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact
and conclusions therefrom as contained in the July 18, 2013
staff report.
MOTION for Recommendation: I move based on the findings
of fact and conclusions as adopted the Planning Commission
recommend the City Council approve the rezone from R -2
(Medium Density Residential) to C -1 (Retail Business) for 2302
E. Lewis Street.
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B. Rezone Rezone from R-2 (Medium Density
Residentiall to C -1 (Retail Business) (Jeff
McMurel IMF y z 2013 -003
Chairman Hilliard read the master file number and asked for comments from
staff.
Shane O'Neill, Planner I, discussed the rezone application from R -2 (Medium
Density Residential) to C -1 (Retail Business). The site is developed with a
metal structure and much of the frontage is unimproved. The Comprehensive
Plan designates the site for Commercial Use.
Mr. ONeill provided additional background related to Code Enforcement on the
property and the adjacent Bonnie Brae Mobile Home Park.
Staff recommended the site be rezoned C -1 consistent with the Comprehensive
Plan.
Commissioner Greenaway stated that in 1970 the property had a gas station
and wondered how the property ever became zoned Residential.
Mr. O 'Neill answered the gas station was built when the property was in the
County and he was unsure of the zoning at the time.
Commissioner Greenaway asked what year the City took possession of the
property.
Mr. ONeill stated it was annexed in 1994.
Jeff McClure, 2303 E. Lewis Street, spoke on behalf of his application.
Chairman Hilliard asked the applicant if he had any questions for the Planning
Commission.
Mr. McClure responded he did not.
Commissioner Anderson asked the applicant what he intended to use this
property for if it is rezoned Commercial.
Mr. McClure answered that he does not do any business at this site. He would
like to use this location to store his beekeeping supplies. He does not have any
bees at this location.
With no further comments the public hearing closed.
Commissioner Polk moved, seconded by Commissioner Greenaway, to close the
public hearing on the proposed rezone and initiate deliberations and schedule
adoption of findings of fact, conclusions and a recommendation to the City
Council for the July 18, 2013 meeting. The motion passed unanimously.
Planning Commission Minutes
7/18/2013
B. Rezone Rezone from R -2 fMedium Density
Residential) to C -1 IRetail Business) (Jeff
McClure) (MF # Z 2013 -0031
Chairman Cruz read the master file number and asked for comments from
staff.
Rick White, Community & Economic Development Director, explained there
was nothing to add from what was explained at the previous meeting.
Commissioner Greenaway moved, seconded by Commissioner Hilliard, to adopt
the findings of fact and conclusions therefrom as contained in the July 18,
2013 staff report. The motion passed unanimously.
Commissioner Greenaway moved, seconded by Commissioner Hilliard, based
on the findings of fact and conclusions as adopted the Planning Commission
recommend the City Council approve the rezone from R -2 (Medium Density
Residential) to C -1 (Retail Business) for 2302 E. Lewis Street. The motion
passed unanimously.
Mr. White stated that this will go to City Council at their Special Meeting on
July 29, 2013 unless an appeal is received.
AGENDA REPORT NO. 36
FOR: City Council August 29, 2013
TO: Gary Crutchfie y anager
Ahmad Qayo ub . Works Director Regular Mtg.: 9/3/13
FROM: Michael A. Pawlak, City Engineer'
SUBJECT: Public Hearing on the Final Assessment Roll for Local Improvement District
(LID) No. 148 — Kurtzman Park Street Improvements, Phase 2
I. REFERENCE(S):
1. Final Assessment Map
2. Final Assessment Summary
3. Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC HEARING
09/03: Motion: I move to adopt Ordinance No. relating to Local
Improvement District No. 148; approving and confirming the
assessments and assessment roll of Local Improvement District
No. 148 for the improvements to Waldemar, Cedar, Hugo and
Sycamore Avenues and Alton, and Helena Streets in the Kurtzman
area to City street standards, including road widening, curb, gutter,
sidewalk, storm drain system and street lighting, as provided by
Ordinance No. 3988; levying and assessing a part of the cost and
expense of the improvements against the lots, tracts, parcels of
land and other property as shown on the assessment roll; and,
providing for collection of assessments; and, further authorize
publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) LID 148 was formed by Ordinance No. 3988 on January 18, 2011.
B) City Council passed Resolution No. 3487 on July 29, 2013 setting a public
hearing for September 3, 2013 for the final assessment roll for LID 148.
C) The LID included the installation of curb, gutter and sidewalk, street widening
and street lights from Cedar Avenue to Sycamore Avenue and from Butte Street
to Alton Street.
D) Construction work is now complete. The final assessment roll must be approved
by City Council after direct notice to the property owners and a public hearing.
E) Community Development Block Grant (CDBG) funds were used to pay for
approximately 59 percent of the total project cost.
V. DISCUSSION:
A) The public hearing is to present and discuss the Final Assessment Roll of the
LID. The final cost is approximately 26 percent less than the Preliminary
Assessment Roll. The Final Assessment cost was mailed to all property owners.
B) Staff recommends that following the public hearing, City Council should
confirm the final assessment roll by Ordinance.
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Kurtzman Area Ph.2 - LID 148
Compare Preliminary & Final Assessments 8/29/2013
Preliminary Final % Change
CDGB Assisstance $ 333,540.00 $ 340,000.00 1.9
Amount to be Assessed $ 330,085.00 $ 241,104.00 -27.0
40
41
42
43
11386120b
113861028
113861019
113861046
'v " " ". " ^ ^'
ALVAREZ, RAFAEL &VIRGINIA
MARTINEZ, ANTONIA
MILLER, JERRY
MILLER, JERRY
ABREGO, ALICIA
BREG ,ALICI
ABREGO, ALICIA
HOWARD, WALTER(JR)
OLVERA, MARTIN (ETAL
NAVARRO, DOMINGO
Burnett, Shirley G(UAL)
Burnett, Shirley G (ETAL)
Burnett, ShlrleyG (ETAL)
Burnett, Shirley G(EEALI
Burnett, Shirley G (ETAL)
-
47
46
75
15
95
120
100
50
170
442
4461
47
46
175
70
120
100
50
1]0
442
0
60
53
53
54
M61
$
$
$
$
$
$
$
$
$
$
$
3,346.59
3,269.49
5,505.35
5,505.35
7,047.33
8,974.79
7,432.82
3,5]7.89
12,829.]2
33,800.56
330,084.79
$
$
$
$
$
$
$
2,430.54
2,313.78
q,695.44
5,438.66
2,600.81
9,411.65
24,849.5]
-27.4
-22.4
Oombined
44
45
46
47
48
49
50
51
52
53
54
55
113861055
1138610]3
113861091
11386111]
113861126
113861162
113890033
113863180
113863181
113863182
113863183
113863184
-26.8
-27.3
-26.6
-26.5
-30.8
$ 3,168.38
$ 2,771.08
$ 2,771.08
$ 2827.83
$ 241,103.93
8/30 @013 10:03M
ADDITIONAL TOTAL
$ 2,263.12 $ 5,431.50
$ 2,263.12 $ 5,034.20
$ 2,263.12 $ 5,034.20
$ 2,263.12 $ 5,090.95
$ 9,052.48 $ 20,590.85
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, relating to Local Improvement
District No. 148; approving and confirming the assessments and assessment roll of Local
Improvement District No. 148 for the purpose of making improvements to Waldemar, Cedar,
Hugo and Sycamore Avenues and Alton, and Helena Streets in the Kurtzman area to City street
standards, including road widening, curb, gutter, sidewalk, storm drain system and street
lighting, as provided by Ordinance No. 3988; levying and assessing a part of the cost and
expense of the improvements against the lots, tracts, parcels of land and other property as shown
on the assessment roll; and, providing for collection of assessments.
WHEREAS, Local Improvement District No. 148 ( "LID No. 148" or the "LID ") was
formed by Ordinance No. 3988 of the City of Pasco, Washington ( "City"). The assessment roll
levying the special assessments against the property located in the LID has been filed with the
City Clerk, as provided by law; and
WHEREAS, by Resolution No. 3487, notice of the time and place of hearing on the LID
No. 148 assessment roll, and for making objections and protests to the roll was published and
posted according to law. The time and place of hearing on the LID No. 148 assessment roll was
set the 3rd day of September, at the hour of 7:00 p.m., local time, in the Council Chambers in
the City Hall, Pasco, Washington. Further notice of the hearing was mailed by the City Clerk to
each property owner shown on the roll; and
WHEREAS, at the time and place fixed and designated in the notices the hearing was
held; no written protests were received; and, all persons appearing at the hearings who wished to
be heard were heard. Following the close of the hearing, the City Council, sitting and acting as a
Board of Equalization for the purpose of considering the roll and the special benefits to be
received by each lot, parcel and tract of land shown upon such roll, including the increase and
enhancement of the fair market value of each such parcel of land by reason of the improvement,
found no protests; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY
ORDAIN, as follows:
Section 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW
1.1 The above - recitals are incorporated herein by this reference.
1.2 Local Improvement District No. 148 ( "LID No. 148 ") has been created and
established for the purpose of providing for the improvement of the properties within the area
described in Exhibit B, by the improvement of Waldemar, Cedar, Hugo and Sycamore Avenues
and Alton, and Helena Streets in the Kurtzman area to City street standards, including road
widening, curb, gutter, sidewalk, storm drain system and street lighting as more particularly
described in Exhibit A (the "LID 148 — Kurtzman Park Neighborhood Improvements "). The
assessments and assessment roll for LID No. 148, as the same now stand, shall be and the same
are approved and confirmed in all things and respects in the total amount of $241,103.93.
1.3 Each of the lots, tracts, parcels of land and other property shown upon the
assessment roll is determined and declared to be specially benefited by LID No. 148
Improvements in at least the amount charged against the same, and the assessment appearing
against the same is in proportion to the several assessments appearing upon the roll. There is
levied and assessed against each lot, tract or parcel of land and other property appearing upon the
roll the amount finally charged against the same thereon.
Section 2. CONFIRMATION AND COLLECTION.
2.1 The assessment roll as hereby approved and confirmed shall be filed with the City
Financial Services Manager for collection. The City Financial Services Manager is authorized
and directed to publish notice as required by law stating that the roll is in his hands for collection
and that payment of any assessment thereon or any portion of such assessment can be made at
any time within thirty (30) days from the date of first publication of such notice without penalty,
interest or cost, and that thereafter the sum remaining unpaid may be paid in ten (10) equal
annual installments of principal together with interest due on the unpaid balance. The estimated
interest rate is stated to be 3.6% per annum, with the exact interest rate to be fixed in the
ordinance authorizing the issuance and sale of the local improvement district installment note for
Local Improvement District No. 148. The first installment of assessments on the assessment roll
shall become due and payable during the thirty (30) day period succeeding the date one year after
the date of first publication by the City Financial Services Manager of notice that the assessment
roll has been placed for collection and annually thereafter each succeeding installment shall
become due and payable in like manner.
2.2 If the whole or any portion of the assessment remains unpaid after the first thirty
(30) day period, interest upon the whole unpaid sum shall be charged at the rate as determined
under Section 0, and each year thereafter one of the installments of principal together with
interest due on the unpaid balance, shall be collected. Any installment not paid prior to
expiration of the thirty (30) day period during which such installment is due and payable shall
thereupon become delinquent. Each delinquent installment shall be subject, at the time of
delinquency, to a charge of 5% penalty levied on both principal and interest due upon that
installment, and all delinquent installments also shall be charged interest at the rate of 8% per
annum as set forth in PMC 14.04.050. The collection of such delinquent installments shall be
enforced in the manner provided by law.
PASSED by the City Council and APPROVED by the Mayor of Pasco, Washington, at a
regular open public meeting thereof, this 3rd day of September, 2013.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
EXHIBIT A
LID No. 148 — Kurtzman Park Neighborhood Improvements Phase 2
The LID 148 improvements include road widening, curb, gutter, sidewalk, storm drain system,
and street lighting.
In Street
Sycamore Avenue
Hugo Avenue
Waldemar Avenue
Cedar Avenue
Helena Street
Alton Street
From
Butte Street
Butte Street
Butte Street
Butte Street
150 feet West of
Sycamore Avenue
Hugo Avenue
To
Alton
Street
Alton
Street
Alton
Street
Alton
Street
Cedar
Street
200 feet
East of
Waldemar
Avenue
EXHIBIT B
LID 148- Kurtzman Park Street Improvements
Legal description of the boundary:
That portion of the South half of Section 28, Township 9 North, Range 30 East in the City of
Pasco, Franklin County, Washington more accurately described as follows:
Kurtzman's First Addition Block 1 , North one -half Lot 14 and Lots 15 through 22
together with those adjacent portions of vacated Sycamore Avenue;
Together with
Kurtzman's First Addition Block
2, Lots
1 through
22 together with
those adjacent
and
portions of vacated Hugo Avenue,
Helena
Street and
Sycamore Avenue;
Together with
Kurtzman's First Addition Block 3, Lots 1 through
22
together with
those adjacent
portions of vacated Waldemar Avenue, Helena Street
and
Hugo Avenue;
Together with Kurtzman's First Addition Block 4, Lots 1 through 22 together with
those adjacent portions of vacated Waldemar Avenue and Helena Street;
Together with
Kurtzman's First Addition Block 5, Lots
1 through 32
together with
those adjacent
portions of vacated Butte Street, Waldemar
Avenue and
Helena Street;
Together with Kurtzman's First Addition Block 6, Lots 1 through 14 and Lots 25 through
32 together with those adjacent portions of vacated Hugo Avenue, Waldemar Avenue and
Helena Street;
Together with Kurtzman's First Addition Block 7, Lots 6 through 28 together with
those adjacent portions of vacated Butte Street, Sycamore Avenue and Hugo Avenue;
Together with Kurtzman's First Addition Block 8, Lots 23 through 32 together with
those adjacent portions of vacated Sycamore Avenue and Helena Street;
Together with the West 30 rods of the Southwest quarter of the Southeast quarter of
Section 28, Township 9 North, Range 30 East W.M., except the South 880 feet and the
West 15 feet thereof.
AGENDA REPORT NO. 37
FOR:
relating to Local
City Council
August 29, 2013
TO:
Improvement District
Gary Crutchfiel ager
and gutter, sidewalk,
storm drainage, and handicap ramps to current ADA standards,
driveway approaches and other associated
Ahmad Qayoum h orks Director
Regular Mtg.: 9/3/13
Street, as provided by
Ordinance No. 4035; levying and assessing
a part of the cost and
expense of the improvements against the
FROM:
land and other property as shown on the
Michael A. Paw ak, City Engineer
providing for collection of assessments; and, further authorize
SUBJECT:
Public Hearing on the Final Assessment Roll for Local
Improvement District
III. FISCAL IMPACT:
(LID) No. 149 — Kurtzman Park Street Improvements,
Phase 3
I.
REFERENCE(S):
1.
Final Assessment Map
2.
Final Assessment Summary
3.
Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC HEARING
09/03: Motion: I move to adopt Ordinance No.
relating to Local
Improvement District No. 149; approving
and confirming the
assessments and assessment roll of Local
Improvement District
No. 149 for roadway improvements, curb
and gutter, sidewalk,
storm drainage, and handicap ramps to current ADA standards,
driveway approaches and other associated
street work of South
Cedar, South Hugo Avenues and East Alton
Street, as provided by
Ordinance No. 4035; levying and assessing
a part of the cost and
expense of the improvements against the
lots, tracts, parcels of
land and other property as shown on the
assessment roll; and,
providing for collection of assessments; and, further authorize
publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) LID 149 was formed by Ordinance No. 4035 on December 19, 2011
B) City Council passed Resolution No. 3488 on July 29, 2013 setting a public
hearing for September 3, 2013 for the final assessment roll for LID 149.
C) The LID included roadway improvements, curb and gutter, sidewalk, stone
drainage, and handicap ramps to current ADA standards, driveway approaches
and other associated street work of South Cedar, South Hugo Avenues and East
Alton Street.
D) Construction work is now complete. The final assessment roll must be approved
by City Council after direct notice to the property owners and a public hearing.
E) Community Development Block Grant (CDBG) funds were used to pay for
approximately 63 percent of the total project cost.
V. DISCUSSION:
A) The public hearing is to present and discuss the Final Assessment Roll of the
LID. The final cost is approximately 22 percent less than the Preliminary
Assessment Roll. The Final Assessment cost was mailed to all property owners.
B) Staff recommends that following the public hearing, City Council should
confirm the final assessment roll by Ordinance.
7(c)
—
CD LID 149
Kurtzman Area Phase 3
Revised Boundary
E. LEWIS.. Sr -.... _._ _ - .. - -. E. LEMS- ST
Ail..-
Q 28I 29 _ � �. ''I
A44
—1L cn a dun ''aY
9�
27' 29 :x - _ S, lalxk�
IV 25 e
24,� 30
=22
—.
2111 30
w
30
17 31
U
O mr
eS
30
~.' -� ..
{u... m
Number = LID Assessment Roll Number
2
3
L
7
8
9
_n
27' 29 :x - _ S, lalxk�
IV 25 e
24,� 30
=22
—.
2111 30
w
30
17 31
U
O mr
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30
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Number = LID Assessment Roll Number
Kurtzman Area Phase 3 - LID 149
Compare Preliminary and Final Assessment
CDGB Assisstance
Amount to be Assessed
Preliminary
Final
%Change
$ 200,000.00
$
450,000.00
225.0
$ 427,625.00
$
265,311.00
-62.0
8/29/2013
NOTES:
Accounts 32 - 36 were deleted with the revised boundary.
Account 31 was subdivided into 3 parcels by Short Plat 2012 -14.
C \Wersaannerd \Dmcu men 6\Nerfolder \Used In nn al Assessment 149V 0130521DLH LID 149 Compare Frahm - Final Assmt- anion an's Phase 3 -2- For Common
Preliminary
Final
Preliminary
Final
Record Number
Parcel Number
Owner Name
Frontage (it)
Frontage (ft)
Total Assessment
Toal Assessment
%Change
1
113832014
Cardenas, Juan &Adelina
184
184
$ 16,509.72
$ 15,149.05
-8.2
2
113832023
Cardenas, Juan &Adelina
100
100
$ 8,021.89
$ 6,912.59
-13.8
3
113832201
Madden, Charles A
100
100
$ 8,021.89
$ 6,912.59
-13.8
4
113832041
GR8 House LLC
75
75
$ 5,495.75
$ 4,461.26
-18.8
5
113832050
Delgado, Silvestre & Teresa
50
50
$ 2,969.61
$ 2,009.93
-32.3
6
113832069
Hill, Celestine
50
50
$ 2,969.61
$ 2,009.93
-32.3
7
113832078
Fabela, Joel P &Maria Angelica
90
90
$ 7,011.44
$ S,932.05
-15A
8
113832268
Birrueta, Rosa
(ETAL)
66
66
$ 4,586.34
$ 3,578.78
-22.0
9 1
113832269
Rizzuto, Nichole
66
66
$ 4,586.34
$ 3,578.78
-22.0
10
113832270
Sala ado, Rigoberto(ETAL)
66
66
$ 4,586.34
$ 3,578.78
-22.0
11
113832239
Herrera, Jose A(ETAL)
67
67
$ 4,687.39
$ 3,676.83
-21.6
12
113832248
Cruz, Antonio
67
67
$ 4,687.39
$ 3,676.83
-21.6
13
113832257
Mancera, Salvador
67
67
$ 4,687.39
$ 3,676.83
-21.6
14
113832103
Naranjo, Salvador & Carlota
75
75
$ 5,495.75
$ 4,461.26
-18.8
15
113832221
Lucatero, Rudolfo & Gloria
75
75
$ 5,495.75
$ 4,461.26
-18.8
16
113831042
Leon,lesus
150
150
$ 13,074.17
$ 11,815.25
-9.6
17
113831131
Garcia, Erasmo & Maria
200
200
$ 18,126.45
$ 16,717.90
-7.8
18
113831205
Mendez, Maria (ETAL)
67
67
$ 4,687.39
$ 3,676.83
-21.6
19
113831196
Ocampo, Jesus
67
67
$ 4,687.39
$ 3,676.83
-21.6
20
113831187
Barajas, Jose
67
67
$ 4,687.39
$ 3,676.83
-21.6
21
113831159
Gomez, William
90
90
$ 7,011.44
$ 5,932.05
-15.4
22
113831060
Mejia, Manuel C
60
60
$ 3,980.07
$ 2,990.46
-24.9
23
113831079
Jackson, Gemella Smith
60
60
$ 3,980.07
$ 2,990.46
-24.9
24
113831088
Silva, Veronica(ETAL)
80
80
$ 6,000.98
$ 4,951.52
-17.5
25
113831097
Sreeatos, Javier
70
70
$ 4,990.53
$ 3,970.99
-20.4
26
113831104
Montes, Rosa 1
60
60
$ 3,980.07
$ 2,990.46
-24.9
27
113831113
Robertson, Bruce H
70
70
1 $ 4,990.53
$ 3,970.99
-20.4
28
113831122
Iribarren,J R(Jamie)
200
200
$ 18,126.45
$ 16,717.90
-7.8
29
113831015
Rada & Sons, Inc
400
400
$ 38,335.57
$ 36,328.54
-5.2
30
113831024
Murphy, Alice
640
640
$ 62,586.52
$ 59,861.31
-4.4
31
113831033
Robinson, Rikie
200
$ 18,126.45
-39.5
32
113900085
Salinas,JuRan
330
$ 31,262.38
33
113900075
2epeda,Jose &Maria
330
$ 31,262.38
34
113900066
Montez, Edward & Elizabeth
325
$ 30,757.15
35
113900057
Amarawest Corporation
90
$ 7,011.44
36
113900048
McClure, Jeffery & Jennifer M
220
$ 20,147.37
31A
113900085
Robinson, Rikie
4974
66.78
$ 427,624.79
$ 3,655.26
31B
113900075
Robinson, Rikie
66.78
$ 3,655.26
31C
113900066
Robinson, Rikie
66.78
$ 3,655.26
Totals
36]9.34
$ 2650310.85
NOTES:
Accounts 32 - 36 were deleted with the revised boundary.
Account 31 was subdivided into 3 parcels by Short Plat 2012 -14.
C \Wersaannerd \Dmcu men 6\Nerfolder \Used In nn al Assessment 149V 0130521DLH LID 149 Compare Frahm - Final Assmt- anion an's Phase 3 -2- For Common
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, relating to Local Improvement
District No. 149; approving and confirming the assessments and assessment roll of Local
Improvement District No. 149 for the purpose of making roadway improvements, curb and
gutter, sidewalk, storm drainage, and handicap ramps to current ADA standards, driveway
approaches and other associated street work of South Cedar, South Hugo Avenues and East
Alton Street, as provided by Ordinance No. 4035; levying and assessing a part of the cost and
expense of the improvements against the lots, tracts, parcels of land and other property as shown
on the assessment roll; and, providing for collection of assessments.
WHEREAS, Local Improvement District No. 149 ( "LID No. 149" or the "LID ") was
formed by Ordinance No. 4035 of the City of Pasco, Washington ( "City "). The assessment roll
levying the special assessments against the property located in the LID has been filed with the
City Clerk, as provided by law; and
WHEREAS, by Resolution No. 3488, notice of the time and place of hearing on the LID
No. 149 assessment roll, and for making objections and protests to the roll was published and
posted according to law. The time and place of hearing on the LID No. 149 assessment roll was
set the 3rd day of September, at the hour of 7:00 p.m., local time, in the Council Chambers in
the City Hall, Pasco, Washington. Further notice of the hearing was mailed by the City Clerk to
each property owner shown on the roll; and
WHEREAS, at the time and place fixed and designated in the notices the hearing was
held; no written protests were received; and, all persons appearing at the hearings who wished to
be heard were heard. Following the close of the hearing, the City Council, sitting and acting as a
Board of Equalization for the purpose of considering the roll and the special benefits to be
received by each lot, parcel and tract of land shown upon such roll, including the increase and
enhancement of the fair market value of each such parcel of land by reason of the improvement,
found no protests; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY
ORDAIN, as follows:
Section 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW
1.1 The above - recitals are incorporated herein by this reference.
1.2 Local Improvement District No. 149 ( "LID No. 149 ") has been created and
established for the purpose of providing for the improvement of the properties within the area
described in Exhibit B, by roadway improvements, curb and gutter, sidewalk, storm drainage,
and handicap ramps to current ADA standards, driveway approaches and other associated street
work of South Cedar, South Hugo Avenues and East Alton Street as more particularly described
in Exhibit A (the "LID 149 — Kurtzman Park Improvements Phase 3 "). The assessments and
assessment roll for LID No. 149, as the same now stand, shall be and the same are approved and
confirmed in all things and respects in the total amount of $265,310.85.
1.3 Each of the lots, tracts, parcels of land and other property shown upon the
assessment roll is determined and declared to be specially benefited by LID No. 149
Improvements in at least the amount charged against the same, and the assessment appearing
against the same is in proportion to the several assessments appearing upon the roll. There is
levied and assessed against each lot, tract or parcel of land and other property appearing upon the
roll the amount finally charged against the same thereon.
Section 2. CONFIRMATION AND COLLECTION.
2.1 The assessment roll as hereby approved and confirmed shall be filed with the City
Financial Services Manager for collection. The City Financial Services Manager is authorized
and directed to publish notice as required by law stating that the roll is in his hands for collection
and that payment of any assessment thereon or any portion of such assessment can be made at
any time within thirty (30) days from the date of first publication of such notice without penalty,
interest or cost, and that thereafter the sum remaining unpaid may be paid in ten (10) equal
annual installments of principal together with interest due on the unpaid balance. The estimated
interest rate is stated to be 3.6% per annum, with the exact interest rate to be fixed in the
ordinance authorizing the issuance and sale of the local improvement district installment note for
Local Improvement District No. 149. The first installment of assessments on the assessment roll
shall become due and payable during the thirty (30) day period succeeding the date one year after
the date of first publication by the City Financial Services Manager of notice that the assessment
roll has been placed for collection and annually thereafter each succeeding installment shall
become due and payable in like manner.
2.2 If the whole or any portion of the assessment remains unpaid after the first thirty
(30) day period, interest upon the whole unpaid sum shall be charged at the rate as determined
under Section 0, and each year thereafter one of the installments of principal together with
interest due on the unpaid balance, shall be collected. Any installment not paid prior to
expiration of the thirty (30) day period during which such installment is due and payable shall
thereupon become delinquent. Each delinquent installment shall be subject, at the time of
delinquency, to a charge of 5% penalty levied on both principal and interest due upon that
installment, and all delinquent installments also shall be charged interest at the rate of 8% per
annum as set forth in PMC 14.04.050. The collection of such delinquent installments shall be
enforced in the manner provided by law.
PASSED by the City Council and APPROVED by the Mayor of Pasco, Washington, at a
regular open public meeting thereof, this 3rd day of September, 2013.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
EXHIBIT A
LID No. 149 — Kurtzman Park Neighborhood Improvements Phase 3
The LID 149 improvements include road widening, curb, gutter, sidewalk, storm drain system,
and street lighting, and associated improvements all to City street standards.
In Street
S. Hugo Avenue
S. Cedar Avenue
(West half of street)
From
E. Alton Street
E. Alton Street
To
E. Lewis Street
E. Lewis Street
E. Alton Street S. Hugo Avenue S. Cedar Avenue
EXHIBIT B
LID 149 - Kurtzman Park Street Improvements Phase 3
Legal description of the boundary:
That portion of the north half of the south half of Section 28, Township 9 North, Range 30 East,
Willamette Meridian, in the City of Pasco, Franklin County, Washington more accurately
described as:
Commencing at the center of Section 28, Township 9 North, Range 30 East, Willamette Meridian
(W.M.), in the City of Pasco, Franklin County, Washington; thence, southerly along the center
section line of Section 28, Township 9 North, Range 30 East, W.M., a distance of 30 feet to the
south right -of -way line of East Lewis Street, being the True Point of Beginning; thence, westerly
across the right -of -way of South Cedar Avenue to the southwest corner of East Lewis Street and
South Cedar Avenue; thence, westerly along the south right -of -way line of East Lewis Street
across the north line of Acre Park Addition, Block 1, Lot 1 and 14, continuing westerly across
the right -of -way of South Hugo Avenue; continuing westerly across the north line of Acre Park
Addition, Block 2, Lot 1, to the northwest corner of said lot 1; thence, southerly along the west
line of Lot 1, 2, 3, and 4; thence, continuing southerly along the west line of Short Plat 2002 -16,
Lot 1, 2, and 3, Short Plat 99 -01, Lot 1, 2, and 3, and Short Plat 97 -19, Lot 1 and 2 to the
southwest corner of said Lot 2; thence, continuing southerly across East Alton Street to the south
right -of -way line of East Alton Street; thence, easterly along the south right -of -way line of East
Alton Street to the west right -of -way line of South Cedar Avenue; thence easterly across the
right -of -way of South Cedar Avenue to the center section line of Section 28, Township 9 North,
Range 30 East, W.M., thence northerly along the section line a distance of 1,292 feet more or
less, to the True Point of Beginning.
AGENDA REPORT
FOR: City Council ( 1 AUGUST 15, 2013
TO: Gary Crutchfibanager Workshop Mtg.: 8/26/13
Regular Mtg.: 9/3/13
FROM: Rick Terway, Director, Administrative & mmunity Services
SUBJECT: Park Planning Districts
I. REFERENCE(S):
1. Proposed Ordinance
2. Park District Map
3. Memorandum from City Attorney
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
8/26: Discussion
9/3: MOTION: I move to approve Ordinance No. , amending PMC Section
3.29.020 "Park Planning Districts "; Section 3.29.030 "Deposit of Moneys "' and
Section 3.29.050 "Expenditure of Funds" establishing Park Planning Districts
and, further, authorize publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Ordinance No. 2139 was enacted in 1980, pre Growth Management Act, with the
obvious intent to meet the strict construction originally thought necessary under
RCW 58.17 which originally provided alternatives of land dedication or fee
payment in lieu of construction of parks and subdivisions.
B) Even with the advent of the GMA and the formalization of impact fees under
RCW 82.02.020, the funds collected could only be used within the specific
neighborhood of the subdivision. As a result, the City created multiple service
areas to accomplish this purpose.
C) In 2006, the Washington Supreme Court in the City of Olympia v. John Drebick,
dealt specifically with this issue. In that case, the City of Olympia had taken a
fairly drastic step in applying its traffic impact fee to a single service area
covering the entire city. In affirming this position, the Court concluded:
"In sum, we conclude that, in RCW 82.02.050 (3) and 82.02.090 (3),
the legislature unambiguously provided that the impact fees were to be
a 'proportionate share' of the costs of 'system improvements' (that is,
roads, parks, schools, or fire stations identified in the capital facilities
plan) that are 'reasonably related to' and 'reasonably benefit' the
particular development seeking approval."
V. DISCUSSION:
A) Currently the city has 23 small park districts. It is the city's policy to develop
neighborhood parks when the subdivision is 75 to 80 percent developed using the
funds accumulated from that district. Generally, the cost of the park somewhat
exceeds this accumulated amount knowing that more development will occur (the
remaining 20 to 25 percent). There are generally monies left over in each
neighborhood district as the development continues over several years after
completion of the park.
8(a)
B) Park impact fees can only be used for acquisition of park land and development of
that property for park purposes. This leaves several thousand dollars in the district
that is unused and is not enough for further development of the site completed earlier.
C) Creating larger districts will allow these funds to be used in a number of parks to add
significant features as required and/or allowed by law. The City of Richland has
reduced their number of park districts from over 20 to 5 and has improved their
ability to manage development and shift funds where there is a greater demand for
services. Staff will continue to develop neighborhood parks as development occurs
as stated in the Park, Recreation and Forestry Master Plan approved by Council.
D) Staff recommends approval of the ordinance.
ORDINANCE NO,
AN ORDINANCE of the City of Pasco, Washington,
Amending Sections 3.29.020 "Park Planning Districts ";
Section 3.29.030 "Deposit of Moneys "; and Section 3.29.050
"Expenditure of Funds" Establishing Park Planning Districts
WHEREAS, the City is authorized pursuant to the Washington State Growth
Management Act (RCW 36.70A and RCW 82.02) to insure that adequate facilities, including
parks, are available to serve new growth and development; promote orderly growth and
development by establishing standards by which the cities may require an Ordinance that new
growth and development pay a proportionate share of the costs of parks needed to serve new
growth and development; and to insure impact fees proposed for that purpose establish
procedures and criteria so the specific developments do not pay arbitrary fees or duplicative fees
for the same impact; and
WHEREAS, the growth of the City has made the current system of park planning district
impractical; and
WHEREAS, all of the City's parks are available to and used by its residents residing in
all parts of the City, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 3.29.020 entitled "Park Planning Districts" of the Pasco
Municipal Code, shall be and hereby is amended and shall read as follow:
3.29.020 PARK PLANNING DISTRICTS.
A) Neighborhood park planning districts are established and identified by numbers one
through and including
x.apte_ by this fefefenee. The three
neighborhood park planning districts are described as follows:
(1) Neighborhood Park Planning District 1 bounded by the existing or future
Pasco urban growth boundary on the north and east, Road 36,1-182 and Hwy 395 on the
west, and the Columbia River on the south.
(2) Neighborhood Park Planning District 2 bounded by the existing or future
Pasco urban growth boundary on the north and west, Road 36 on the east, and I -182 on
the south: and
(3) Neighborhood Park Planning District 3 bounded by I -182 on the north,
Hwy 395 on the east and the Columbia River on the south.
Ordinance Amending Sections
3.29.0205 3.29.030 and 3.29.050 - 1
B) The Community park planning district 1 —shall consist of neighborhood park
planning districts one two and - three five, seven, ht nine, eleven,
twenty t w V uaaal'C9�TISGT..
G) ! .... .:tJ pa., Y lei nb rist.-7.nt 11 shall a :.t of neighborhood "k planning
distfiets twelve, thifteen, feut4een, fifteeft, seveiAeen, eighteen, nineteen, twenvy, and twenty ene.
Dg The park fund shall have separate accounts numbered to correspond to the park
planning districts described in this section.
Section 2. That Section 3.29.030 entitled "Deposit of Moneys" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
3.29.030 DEPOSIT OF MONEYS.
A) Ninety percent of all moneys derived from the fees collected pursuant to Chapters
25.80 and 26.20 shall be credited to the account corresponding to the Neighborhood Park
Planning District from which the fees were derived.
B) Ten percent of all moneys derived from the fees collected pursuant to Chapters
25.80 and 26.20 shall be credited to the account corresponding to the Community Park Planning
District fiom --.1 ieh the fees --.°"° a °a -. °a
Section 3. That Section 3.29.050 entitled "Expenditure of Funds" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
3.29.05 EXPENDITURE OF FUNDS.
A) Moneys credited to a Neighborhood Park Planning District shall only be
expended for park purposes in that district or in that portion of an adjoining district that is within
one -half mile of the district boundary.
B) Moneys credited to the a- Community Park Planning District account shall only be
expended for community park purposes in ° eommunity pafk in t,.°t distri t "Community park,"
as used in this chapter, shall include the existing Memorial Park -and any other park of fifteen
acres or larger in size. To be a community park, the park must be utilized in a manner generally
consistent with the City's Comprehensive Park and Recreation Plan, or as it may be hereafter
amended. Community park shall— m_U—also include a ...,a.aaa. pity par4_ distw,.t wide °
wide trail systems.
C) No monies shall be expended from this fund without the approval of a majority o f
the City Council. Before ruling on any proposed expenditure, the Council shall receive a report
from the City Planner reviewing the proposal for its impact on community planning and from the
City Attorney reviewing the proposal for its legality under this chapter. The Administrative &
Community Services Director shall provide all needed information for these reviews and shall
report on the proposal as it relates to park and recreation plans and needs of the City.
Ordinance Amending Sections
3.29.0205 3.29.030 and 3.29.050 - 2
Section 4. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this 3rd day of September, 2013.
Matt Watkins, Mayor
ATTEST:
Debbie Clark, City Clerk
Ordinance Amending Sections
3.29.0205 3.29.030 and 3.29.050 - 3
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
" M '
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I
KERR LAW GROUP
7025 West Grandridge Blvd., Suite A
Kennewick, Washington 99336 -7724
(509) 735 -1542
MEMORANDUM
TO: Rick Terway, Director
Administrative & Community Services
City of Pasco
FROM: Leland B. Kerr
Attorney -at -Law
DATE: June 29, 2012
RE: Park Funds
The question asked was whether under PMC 3.29.020 it is still necessary to divide the
neighborhood park planning districts into 21 different districts. The short answer to the question
is no.
Ordinance No. 2139 was enacted in 1980, pre GMA, with the obvious intent to meet the strict
construction originally thought necessary under RCW 58.17 which originally provided
alternatives of land dedication or fee payment in lieu of construction of parks and subdivisions.
Even with the advent of the Growth Management Act and the formalization of impact fees under
RCW 82.02.020, the funds collected could only be used within the specific neighborhood of the
subdivision. As a result, the City created multiple service areas to accomplish this purpose.
In 2006, the Washington Supreme Court in the City of Olympia v. John Drebick, dealt
specifically with this issue. In that case, the City of Olympia had taken a fairly drastic step in
applying its traffic impact fee to a single service area covering the entire city. In affirming this
position, the Court concluded:
"In sum, we conclude that, in RCW 82.02.050 (3) and 82.02.090 (3), the
legislature unambiguously provided that the impact fees were to be a
'proportionate share' of the costs of 'system improvements' (that is, roads, parks,
schools, or fire stations identified in the capital facilities plan) that are 'reasonably
related to' and 'reasonably benefit' the particular development seeking approval."
In that case, the city had made a persuasive argument that the development in one area had a
traffic impact throughout the city due to the city's compact size and traffic studies that
demonstrated that people within the new subdivisions utilized roads on the far side of town.
Rick Terway
June 29, 2012
Page 2
The standard imposed by the Court was that there must be a reasonable relationship between the
purpose for which the funds were collected and the utilization of those funds, and a 'reasonable
benefit" attributed to the new development.
The City can demonstrate that a similar regional use of neighborhood parks is present and those
service areas may be expanded to coincide with the regional use. Under the present system
where there is city -wide participation in youth sports and other activities that are distributed
throughout the City, it seems highly probable that individual parks are drawing residents from
distant neighborhoods.
At the very least, PMC 3.29.020 may be amended so that the City would have no more than four
service areas - - being those created by the natural barriers of I -182 and Highway 395.
Likewise, if you have any questions or concerns in this regard, please do not hesitate to give me
a call.
190"W 11
FOR: City
TO: Gary Crutch
Rick White,
Director
FROM: Shane O'Neill, Planner I
►11 : t ' l
Economic Development
V
SUBJECT: Recreational Marijuana (MF# CA2013 -005)
I. REFERENCE(S):
Proposed resolution establishing a moratorium
August 27, 2013
Workshop Mtg.: 8/26/13
Regular Mtg.: 9/3/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
8/26: DISCUSSION
9/3: MOTION: I move to approve Resolution No. declaring a moratorium
prohibiting producing, processing and retail sales of recreational
marijuana and setting a public hearing on the moratorium for
October 7, 2013.
III. FISCAL IM PACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. In 2012, Initiative 502 (1 -502) legalizing the recreational use of marijuana was approved
by the electorate. I -502 establishes a system, overseen by the State Liquor Control Board
(LCB), to license, regulate and tax the production, processing and sale of marijuana.
B. The LCB is charged with administration of the procedures and criteria for producers,
processors and retailers of recreational marijuana. The licensing of marijuana production,
processing and sales will be handled by the LCB similar to the process for liquor licenses.
C. The LCB had announced that September 16, 2013 was to be the effective date for the
adopted rules and also the date the LCB would accept applications for all license types,
however, that effective date has been extended until November 16, 2013 and the
acceptance date has been extended until November 18, 2013.
V. DISCUSSION:
A. Issuing city business licenses for possession and sale of marijuana conflicts with Federal
law as marijuana is currently a Schedule 1 drug under the Federal Controlled Substances
Act. In a similar situation involving changes in State law allowing medical marijuana
collective gardens, Council amended the Zoning Code (PMC 25.08.010) to disallow land
uses in violation of any local, State or Federal laws or regulations.
B. As a controlled substance, the possession, sales, production and processing of marijuana
is currently illegal at the Federal level, and the Justice Department has not announced its
position on the matter.
C. Options for addressing the situation could include
Approving a moratorium to allow the City more time to decide how to address
the issue. Moratoriums are initially good for six months. If the City wishes to
continue the moratorium, then a work plan must be developed and used in
extension of the moratorium for up to an additional six month period.
Formation of land use regulations for growing, processing and sale of
recreational marijuana, or
Reliance on the City's current prohibition of land uses that are illegal under
Federal law.
8(b)
D. At this time staff recommends implementing a moratorium on licensing prior to
November 16, 2013. This will provide the City an opportunity to fully study the rules,
determine if there is a change in the Federal government's position regarding inclusion of
marijuana as a scheduled drug and observe the experiences of other cities. Until the
legality impasse is resolved staff recommends retaining the prohibition against permitting
uses that are in violation of Federal, State or local laws in our zoning code.
E. The proposed resolution establishes a moratorium on licensing and sets a public hearing
on the moratorium for October 7, 2013.
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, DECLARING A
MORATORIUM PROHIBITING PRODUCING, PROCESSING AND RETAIL SALES OF
RECREATIONAL MARIJUANA AND SETTING A PUBLIC HEARING THEREON.
WHEREAS, Initiative 502 was passed by the voters of the State of Washington in November
2012 providing a framework which marijuana producers, processors, and retailers can become licensed by
the State of Washington; and
WHEREAS, under Initiative 502, the Washington State Liquor Control Board (Board) is tasked
with the responsibility to adopt regulations governing the licensing and operation of marijuana producers,
processors, and retailers, and the Board is currently working on the regulations and is projecting that the
regulations will be issued later this year; and
WHEREAS, collective gardens and marijuana production, processing, and retailing uses must be
addressed in the City's zoning code, but the impacts of these uses are still largely unknown and the
regulations that the City will need to address them are uncertain pending the Board's adoption of its
licensing regulations and procedures; and
WHEREAS, possession and use of marijuana for any purpose, including medical use, remains
illegal under Federal Law. Marijuana is listed as a Schedule I drug under the Federal Controlled
Substance Act. Despite efforts by the Governor and the State Attorney General to get some clarity from
the U.S. Attorney General, it is still unclear, how the federal government would respond to the state and
local governments who issue permits in compliance with state law; and
WHEREAS, there are several lawsuits pending, which would eventually impact regulations
related to marijuana production, distribution, sales and use; and
WHEREAS, it is anticipated that producing, processing, and retail sales of recreational
marijuana may require an increased risk to health and safety, require increased police and code
enforcement activities, and affect the use and enjoyment of surrounding properties without appropriate
regulations; and
WHEREAS, unless the City acts immediately to address production, processing and retail sales
of marijuana, and other marijuana- related uses, such uses may be able to locate in the city without
regulation and thereby have adverse impacts on the city and its citizens; and
WHEREAS, the City intends to develop
appropriate zoning
and land use regulations to
accommodate the production, processing,
and retail
sales of recreational
marijuana to the extent such
activities do not conflict with Federal Law;
and
regulations for
Resolution - 1
WHEREAS, Washington law authorizes the City to adopt a moratorium with a public hearing
which must be held within sixty (60) days of the date of the adoption of a moratorium; and
WHEREAS, the City
Council
has determined that it is
in the best interest of
the City that a
moratorium be established to
provide
the City an opportunity
to study appropriate
regulations for
Resolution - 1
production, processing and retail sales of recreational marijuana and to develop a work plan for the
implementation of such regulations that comply with Federal Law; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS
FOLLOWS:
Section 1. Moratorium Established. A moratorium is imposed prohibiting the production,
processing, and/or retail sale of recreational marijuana within all zoning districts within the City of Pasco;
and a moratorium is imposed on the filing with the City, or the Courts of Competent Jurisdiction, any
applications for licenses, permits, or other approvals for the processing, production, and/or retail sale of
marijuana.
Section 2. Term of Moratorium. The moratorium imposed by this Resolution shall become
effective on the date hereof, and shall continue in effect for an initial period of six (6) months, unless
repealed, extended, or modified by the City Council after a public hearing and the entry of appropriate
findings of fact as required by RCW 35A.63.220, provided, however, that the moratorium shall
automatically expire upon the effective date of zoning regulations adopted by the City Council to address
the processing, production, and /or retail sales of recreational marijuana within the City of Pasco.
Section 3. Public Hearine. A public hearing shall be scheduled for 7:00 p.m., or as soon
thereafter as the matter may be heard, on the 7" day of October, 2013, at the City Council Chambers of
the Pasco City Hall, where it will hear evidence and consider the comments and testimony of those
wishing to speak at such public hearing regarding the moratorium.
Section 4. Preliminary Findings. Following the public hearing, the City Council shall adopt
Findings of Fact justifying its actions before the public hearing, and determine whether a work plan is
necessary to address the issues involving the processing, production, and /or retail sales of recreational
marijuana within the City and if appropriate, extending the moratorium to complete the work plan and
implementation of appropriate regulations.
Section 5. Effective Date. This Resolution shall be in full force and effect upon its passage
and signature below.
PASSED by the City Council of the City of Pasco, Washington, as its regular meeting dated this
day of 2013.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk
Resolution - 2
Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Council ( 1 August 28, 2013
TO: Gary Crutchfiek,lanager Regular Mtg.: 9/3/13
FROM: Stan Strebel, D T�put�y City Manager
III
SUBJECT: November Ballot Proposition No. 1
L REFERENCE(S):
1. Letter from County Auditor
2. Proposed Resolution, Proposition 1 "Reduction of City Limits"
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
9/3: MOTION: I move to approve Resolution No. , amending Resolution
No. 3492, requesting the Franklin County Auditor to place the
question for "Reduction of City Limits" on the November 5, 2013
ballot, as sought by citizens' petition, and providing ballot title.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) On July 29, Council approved Resolution No. 3492 requesting the County
Auditor to review the adequacy of legal descriptions and maps as filed on June
21, by petitioners seeking a reduction in the Pasco City limits.
B) The question of the adequacy of legal descriptions and maps was raised due to
errors in the descriptions and confusing maps used by petitioners. In the event the
proposition prayed for in the petition is approved by voters, it may take a judicial
determination to define the resulting City boundaries.
C) In response to the City's resolution and accompanying letter from legal counsel,
describing the errors, the County Auditor on August 23, responded that he could
not "determine additional elements of sufficiency (beyond counting registered
voters) without legal authority nor resources to do so..."
V. DISCUSSION:
A) In response to the Auditor's request that the City determine if the proposition is to
proceed to ballot by September 4, it is recommended that Council adopt the
attached Resolution which amends the prior Resolution No. 3492, and provides a
reservation of the City's rights to challenge the legal sufficiency of the petition if
necessary. Rejection of the proposition by the voters will render the issue as
moot.
8(c)
August 23, 2013
Mr. Gary Crutchfield, Manager
City of Pasco
525 North 3rd Avenue
Pasco, WA 99301
Gentlemen:
FRANKLIN COUNTY AUDITOR
Matt Beaton, Auditor
Mr. Leland B. Kerr, Attorney at Law
Kerr Law Group
7025 W Grandridge Blvd, Suite A
Kennewick, WA 99336
In response to your letter dated July 29, 2013 regarding the Petition for Reduction of City Limits and City
of Pasco Resolution No. 3492, the Franklin County Auditor's Office has conducted a thorough review of
each of the applicable laws while in consult with legal counsel and the Washington Secretary of State's
Office.
After consideration of the aforementioned, the enclosed Certificate of Petition Sufficiency fully satisfies
the County Auditor's only role in the subject petition sufficiency determination by verifying valid
signatures of qualified registered voters. Neither RCW 35A.01.040 or RCW 35.16.0 10 cited in your
letter and the Resolution grant the County Auditor specific legal authority to determine sufficiency
beyond verifying voter signatures. As a result, since Resolution No. 3492 requests the County Auditor to
determine additional elements of sufficiency without legal authority nor resources to do so, I cannot
comply with said request and rather must advise that I can only submit to the voters the question raised in
the petition upon receipt of the City's certificate of sufficiency based on its duties from its legislative
body prior to September 4, 2013, for timely processing before the upcoming General election.
Sincerely,
z%
Matt Beaton
Franklin County Auditor
MB /dgk
Attachment
cc: Prosecuting Attorney
1016 North 4t4 Avenue *P.O. Box 1451 *Pasco, WA 99301 *(509) 545- 3502 *fax (509) 543 -2995
www.co.franklin.wa.us
RESOLUTION NO.
A RESOLUTION of the City of Pasco, Washington, amending
Resolution No. 3492 requesting the Franklin County Auditor to place the question
for "Reduction of City Limits" on the November 5, 2013, ballot.
WHEREAS, the City Council, by Resolution No. 3492, requested the Franklin County
Auditor to conduct an examination of the description and maps attached to the petition filed on
June 21, 2013, to determine the sufficiency of the petition and submit to the voters of the City of
Pasco; and
WHEREAS, the Franklin County Auditor has, by letter of August 23, 2013, responded
that it has neither the legal authority nor the resources to determine whether the elements of
sufficiency as required by RCW 35A.04.010 have been met, and the petition will not be placed
on the ballot until the City has made a determination of sufficiency; and
WHEREAS, the means of determination of the sufficiency would be litigation before the
Franklin County Superior Court, however, such litigation could not be conducted within the
timeframe required by the Auditor for inclusion on the November election ballot, and may be
rendered moot by the outcome of the election; and
WHEREAS, the City of Pasco, while unable to certify the sufficiency of the petition, can
pursuant to RCW 35A.16.010 direct the Franklin County Auditor to place this matter on the
November 5, 2013, ballot reserving its right to challenge the sufficiency. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. The Franklin County Auditor is hereby requested to provide for an
election within-the City of Pasco, Washington, on Tuesday, November 5, 2013, for the purpose
of submitting to the qualified voters of the City of Pasco, Washington, for their approval or
rejection, a proposition for the removal of certain territory from the City limits of the City of
Pasco, as described in the petition.
Section 2. The ballot caption of the proposition to be submitted to the voters of the
City of Pasco, Washington, shall read substantially as follows:
PROPOSITION NO. 1 CITY OF PASCO REDUCTION OF CITY LIMITS
A CITIZENS' PETITION WAS FILED WITH THE FRANKLIN COUNTY AUDITOR
FOR PLACEMENT ON THE BALLOT, CONCERNING THE REDUCTION OF THE
SIZE OF THE CITY OF PASCO.
THE PETITION DESCRIBES TWO AREAS WHICH ARE SOUGHT FOR REMOVAL
FROM THE CITY LIMITS. FIRST IS AN AREA OF ABOUT 41 ACRES AND 41 IN
POPULATION, IN THE VICINITY OF ROAD 76 AND COURT STREET, ANNEXED
"Reduction of City Limits" Resolution — Page 1
TO PASCO IN 2009. SECOND IS AN AREA OF ABOUT 608 ACRES AND 1,450
POPULATION, GENERALLY LYING BETWEEN ROAD 52 AND ROAD 685
SOUTH OF THE FCID CANAL AND NORTH OF SYLVESTER STREET,
ANNEXED TO PASCO IN 2012.
SHALL THIS PROPOSTION BE:
APPROVED
REJECTED
Section 3. The City Council of the City of Pasco hereby directs the City Clerk to
provide a certified copy of this Resolution to the Franklin County Auditor to provide for the
calling of a special local election pursuant to RCW 29A.04.321 to be held on November 5, 2013;
conduct the election, canvas the votes, and certify the results.
Section
4. The City of Pasco
reserves it rights to
challenge
the legal sufficiency of
the June 21, 2013, petition to request the
removal of certain
territories
from the City of Pasco,
more particularly described in Exhibit No.
I to Resolution No.
3492.
PASSED by the City Council of the City of Pasco, Washington, as its regular meeting on
the 3rd day of September, 2013.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
"Reduction of City Limits" Resolution — Page 2
AGENDA REPORT
FOR: City Council August 28, 2013
TO: Gary Crutchfi 1 anager Regular Mtg.: 9/3/13
Rick White,
Community & onomic Development Director
FROM: Dave McDonald, City Planner V
SUBJECT: Street Name (MF# Info 2013 -068): Establishing StFrancis Lane as the name for
a new street
I. REFERENCE(S):
1. Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
9/3: MOTION: I move to accept
Saint Francis Lane
as the name
for the new street
connecting Saint
Thomas Drive with
Chapel Hill
Boulevard.
I11. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. In December of 2011 the City Council approved a Joint Development Agreement
between the city, Tri- Cities Prep and Tapteal II, LLC for the development of a
new street connecting St Thomas Drive with Chapel Hill Boulevard. The new
street was needed to avoid safety conflicts and inadequate stacking on Broadmoor
Boulevard in the vicinity of Saint Thomas Drive.
B. The new street is nearing completion with essentially the installation of street
signs the remaining item to be finished. Prior to ordering the street signs Tri-City
Prep would like confirmation from the city on the name to be used for
identification of the street. In that regard staff and Tri-Cities Prep have mutually
agreed on Saint Francis Lane as a name for the new street. The name meets the
parameters staff previously provided Tri- Cities Prep for choosing an acceptable
street name.
C. Typically the naming of streets occurs simultaneously with the dedication process
during the recording of a plat. Streets not named through the platting process are
named separately by the adoption of an ordinance. However in this case the street
has not been dedicated to the city and will not be until all of the improvements
have been completed.
D. At this point staff is recommending the Council accept Saint Francis Lane by
motion to enable street signs to be ordered. Once the signs are installed and the
street is finished the dedication documents will be presented to Council for formal
approval, including the previously accepted name of Saint Francis Lane.
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AGENDA REPORT NO, 35
FOR: City Council August 29, 2013
TO: Gary Crutchfi ager
FROM: Ahmad Qayourrf i, Public Works Director Regular Mtg.: 9/3/13
SUBJECT: Professional Services Agreement: Lewis St. Overpass Demolition Plan — Hazardous
Materials Investigation
I. REFERENCE(S):
1. Demolition Phasing Map
2. Professional Services Agreement Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
9/3: MOTION: I move to approve the Professional Services Agreement with
Whiteshield Inc. authorizing the Hazardous Materials
Investigation and Associated TCLP Analysis with respect to the
Lewis Street Overpass Demolition project in the amount of
$18,015, and further, authorize the City Manager to sign the
agreement.
III. FISCAL IMPACT:
Arterial Street Funds
IV. HISTORY AND FACTS BRIEF:
A) Discussion was completed on 8/26/2013 on the Lewis Street Overpass Demolition Plan
including a request for proposal for consultants to complete a building assessment
evaluation for hazardous materials at each building.
V. DISCUSSION:
A) To satisfy the additional investigation section of the Phase 1 Environmental Site
Assessment for the subject properties, it is necessary to complete a Hazardous Building
Materials Survey prior to the demolition of the 17 buildings suspected to have lead and
asbestos containing materials.
After soliciting three proposals to complete this work, it has been determined that all
three businesses are competent and capable of completing the requested Hazardous
Materials Survey. The three companies and their proposed bids are as follows:
PBS Engineering & Environmental -$239900
Columbia Energy -$193267
White Shield Inc, - $18,015
As White Shield Inc. is the most cost effective proposal, staff recommends approving a
professional services agreement to complete the Hazardous Materials Investigation and
TCLP Analysis.
B) Staff will use the assessment findings to prepare the demolition plans for bidding in late
fall.
10(b)
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Professional Services Agreement
(Summary Sheet)
Project: LEWIS STREET DEMO - HAZARDOUS MATERIALS ASSESSMENT
Consultant: WHITE SHIELD, INC.
Address: 320 N. 20TH AVE, PASCO, WA 99301
Scope of Services:
TO INCLUDE HAZARDOUS MATERIAL ASSESSMENT TO IDENTIFY POTENTIAL
AREAS OF ENVIRONMENTAL CONCERN AND TCLP (TOXICITY CHARACTERISTIC
LEACHING PROCEDURE)
Term:START 9/16/13 Completion Date: 30 BUSINESS DAYS
Payments to Consultant:
❑ Hourly Rate: $
IN Fixed Sum of: $ 18,015
❑ Other:
Insurance to be Provided:
1. Commercial General Liability:
❑ $1,000,000 each occurrence;
❑ $2,000,000 general aggregate; or
® $ 2 MIL each occurrence; and $ 1 MIL general aggregate
2. Professional Liability:
® $1,000,000 per claim;
❑ $1,000,000 policy aggregate limit; or
❑ $ per claim; and $ per policy aggregate limit
Other Information:
AGENDA REPORT NO. 32
FOR: City Counci August 26, 2013
TO: Gary Crutch d)Cii Manager
Ahmad Qavo Works Director
FROM: Michael A. Pawlak, Ci£y Engineer 1 Regular Mtg.: 9/3/13
SUBJECT: Bid Award:
Court Street ADA Upgrade and Countdown Signal Heads; and
2012 ADA Ramps, Project #GI- ST- 36- 13 -02, Federal Aid No. HSIP- 3524(006)
I. REFERENCE(S):
1. Vicinity Map
2. Bid Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
09/03: MOTION: I move to award the low bid for the Court Street ADA Upgrade
and Countdown Signal Heads, and 2012 ADA Ramps to
Allstar Construction Group, Inc. in the amount of $671,184.42,
and further, authorize the Mayor to sign the contract
documents.
III. FISCAL IMPACT:
Quick Response Safety Grant - $628,000
Community Development Block Grant - $88,240
Overlay Funds - $74,000
IV. HISTORY AND FACTS BRIEF:
A) The Court Street ADA Upgrade and Countdown Signal Heads project involves
installation of ADA compliance curb ramps, pedestrian countdown signal heads,
accessible pedestrian signal push buttons and miscellaneous improvements on
Court Street from 4th Avenue to 26`" Avenue. The 2012 ADA Ramps portion of
the project involves installation of ADA compliance curb ramps and
miscellaneous improvements on North 10th Avenue from West Park Street to
West Henry Street.
B) The project was advertised July 21, July 28, and August 4, 2013, with a bid
opening on August 13, 2013.
V. DISCUSSION:
A) On August 13, 2013, the City received two (2) bids for the project. The low bid
was received from Allstar Construction Group, Inc. in the amount of $671,184.42.
The second low bid was received from Vincent Brothers, LLP in the amount of
$765,667.75.
B) The overall project consists of two separate projects which are tied together for
the purposes of bidding. The Court Street ADA Upgrade and Countdown Signal
project is funded entirely through a Quick Response Safety Grant and CDBG
funds. The low bid on this project is 11.8% higher than the Engineer's Estimate;
however, still well within the project budget.
C) The 2012 ADA Ramps project will complete reconstruction of ramps from the
2012 Overlay Project. The bid item from the 2012 Overlay Project for upgrading
the ADA ramps was deleted by change order in order to obtain more competitive
pricing. The current low bid is 55% higher than the Engineer's Estimate;
however, 28% lower than last year's bid price. The difference between the
Engineer's Estimate and the low bid is likely due to the work being somewhat
remote from the Court Street work and requiring additional mobilization, and the
current bidding climate and time of year.
D) Staff recommends award of the contract to Allstar Construction Group, hie.
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Court Street ADA Upgrade and Countdown Signal Heads
and
2012 ADA Ramps
August 13, 2013
BID SUMMARY
Engineers Estimate
Allstar Construction Group, Inc.
Vincent Brothers, LLP
$555,772.00
$671.184.42
$7651667.75
AGENDA REPORT NO. 34
FOR: City Council ( 1 August 26, 2013
TO: Gary Crutchfielib ager
Ahmad Qayoum 1 orks Director
FROM:. Michael A. Pawl, City Engineer ' Regular Mtg.: 9/3/13
SUBJECT: Bid Award: Pasco Safe Route to Schools —1
Project #Gl- ST- 36 -13 -01 — Federal Aid No. HSIP- OOOS(362)
I. REFERENCE(S):
1. Vicinity Map
2. Bid Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
09/03: MOTION: I move to award the low bid for the Pasco Safe Route to
Schools — 1 Project to Sierra Electric, Inc. in the amount of
$91,410.00, and further, authorize the Mayor to sign the
contract documents.
III. FISCAL IMPACT:
Quick Response Safety Grant - $124,000
Arterial Street Fund - $15,500
IV. HISTORY AND FACTS BRIEF:
A) The Pasco Safe Route to Schools -1 project involves installation of Rectangular
Rapid Flashing Beacon systems and School Zone 20MPH When Flashing systems
along with associated signage and striping at various locations.
B) The project was advertised July 21, July 28, and August 4, 2013, with a bid
opening on August 13, 2013.
V. DISCUSSION:
A) On August 13, 2013, the City received two (2) bids for the project. The low bid
was received from Sierra Electric, Inc. in the amount of $91,410.00. The
Engineer's Estimate is $89,700.00.
B) A second bid was received from Northeast Electric and was determined to be non-
responsive.
C) Staff recommends award of the contract to Sierra Electric, Inc.
10(d)
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Pasco Safe Route to Schools - 1
August 13, 2013
BID SUMMARY
Engineers Estimate
Sierra Electric, Inc.
$89,700.00
$91,410.00