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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) z U c� Ct U C/) >� N ct ;moo O 1r •, r {� r ' £ai, ELfl —M Q�wf oaaa aoowaVi � , t . -�N *y 1 / < t it R aSR, +`RR 1 j Ap t t : ". 1i• t #. q x� 1 , !.i P A ■ Rl{ *y 1 / < t it R aSR, +`RR 1 j Ap t t : ". 1i• t #. q x� 1 , !.i P A z W iv �1^ ct v J • O /!T O > N c I FXr4 v ' o Z6 .�,w .i .E,,: . P t T i• LLM .y f. i 7 r } y "{ Y a (4 o ANUM3� RO t Mom x: Ac � AA .I- fit! u {{ •t i1 ! L t } } a^ 6 'F �'tr�. � t �i"« f Y Y .. � _ti S ry. h 4 } ILL TOM A � ��""" - "t tL A I ( t OL cn ` Z' t -'S z ^� �.i ' ,'Y ,i_ a v ,. � r ✓ rc ��a11 � ^, {{ y. 11.4 G3 Yl P t i f 7L I- : r 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 z ba 13�uno U Z) 0 4� Z U) Z6 GVOb � � BO N C) c b-� U . . ..� o♦ r W co • RI 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 z aria 3�bli�a O� F7 77 0 N M J Cl) r--i O 3AV HVd30 � � N �u IL 3AV OJnH 0 POO W 3AV 32iOWVOAS 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' � (� M2 infaene/ 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. 5 A Ig ao'VIMaH el ar •� w � A � � Q NO�,N a oz Z N c N HAV HVGAJ -1 U . . 3AV 09 111 rot x N HAd HUORVIAS a 41 .,y ca A 4J 14 O z as 0 ,,a} ��: �. i,� �, , - a'1 -� O W biA •.y x 0 I 1 z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 1 1 z 3 4 5 6 7 8 9 10 11 12 13 14 15 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 3 1 z 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 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 0 1 z 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 zo 21 zz 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 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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 [1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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 1 z 3 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 3 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. 10 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. 5 79 agvlluan w a y 77r N HAV H ..� � M x � aAV( N aAV k A �x A 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 I 1 z 3 4 5 6 7 8 9 10 11 12 13 14 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 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 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 3 I z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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 4 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. & d :7 § t / O 4-4 U � q \%2 N aAYdVaa P� ; E 7 Lo LL aA+o 111 f ell w % % \ � Tfl � s e � \ \ z v ^C A �Q ro �a HAV O`J IH bA A E3: A N �AV � L1V�AS 0 41 Bi �'�' -,;. '.'e.f .i'9 ' e =' aw ; a�- Planning Commission Minutes 6/20/2013 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. 7(b) Y. r�t O 0 W n d O 1 4,04 R„ ' e. . Tll+ 6` B w W K z z S� EllC7 1 !L { L 1 F'.0 f w y r d n s� 3nN3AV HWOO -W w �^ .Tj w w ah r7 3nN3AV OOnH 3nN3AV 3i dOWVOAS fS�i Q Z w U) W U) Q J Z LL 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 eS 30 ~.' -� .. {u... m 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 ' ti vat rr !n , I`W r�i .I ,7-f.- j — �Ir� I �fT ►�'� 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. 10(a) o �;L i� F I rime U ct f�� t ■ e ` ^, u' I, V1 Z?Irf :' If YI • Id If ct IV I ct • t ^, t . }, � � N V ^ ` yS Ito • �� Y i i, . } ?% wo Id, `yla ,r ` d� y)'�k ids P '. !Y�`,' ,,. �jb � •< . � _ r 4yt AII dd A y 9 aY •, x ... k # ., r Qn18 �JOOwdb 8 ig Ad Id Old • . SAiw:LCn� ',. 1 k , a„ 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, - $18,015 As White Shield Inc. is the most cost effective proposal, staff recommends approving a professional services agreement to complete the Hazardous Materials Investigation and TCLP Analysis. B) Staff will use the assessment findings to prepare the demolition plans for bidding in late fall. 10(b) J.AC@FR y im)IkJ amm y A if "n-SK eos WSW dO .Ella aYo-gw 03SYd dO MAII0 ssddH3no 133Ii1S SIN13l q r" sau w s q q m q ,� ` 00333333 A38 O3O z YT" �` iJe Q��' &N(my IV ITV N �! � a s 1 w Q me=RtEU� s�$ §fig [/ q q N N ( y' W �m� 7J gUmm F-Zll ICU = U� W fl •Y' , '�II Q�� 7'�'�Rlynq'Snmm,�N.•A N N N N N N N N INK m Nil N (Y • !� u N W KW NWNV V VH o u ro FFF .tI „*lN 6j+J IT Z m 1i9 4 Y V' G Q 4 ' a r y r V43., tV Nr C P. `1 �.. : ✓ ....der'.... co 1 w V 1111 �zzzz 3 33 3 W U °aa° �aaa n � pfp pp W m u yad�uuu uLL� -ssq 3sQ�sss$�x O 3o U UUNNtl W to mN on�v m m m� ]m�3ormmi dm,8b 6di6 S;6 f6 D;L��fd� NNNNNNNN�NC�N� ��NN a - i�$mmn ^mEBHx'$nho8�� Q W QmV LI W LLU• I- ',Yji20 M1 �a 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. 10(c) n n J Zi a a x J CA a N 0 N a y E N zz c� L1 0 JA V 0 Q u- F-- C) W D LL City of Pasco 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) flll_Illl�mil��p ♦�1-_� O.. dlllll..nnn�♦ .� -w ���� { ♦�� mz � �� iIL��■t111E u!?'u1�� /I� . � � 1111111111115i1f11i� 111_I� =- • moll Illlli�lll��ll inzll mem- Milli L'_7 1 1 r11 WE�V' ~� 1 ■� �J 111' ILA, Ifill��in'e■ i���l- ����1 r Ln111 y ■ City of Pasco Pasco Safe Route to Schools - 1 August 13, 2013 BID SUMMARY Engineers Estimate Sierra Electric, Inc. $89,700.00 $91,410.00