Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2014.04.07 Council Meeting Packet
AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. April 7, 2014 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated March 17, 2014. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve claims in the total amount of $3,510,435.58. (c) Appointments to Planning Commission: (NO WRITTEN MATERIAL ON AGENDA) To appoint Gabriel Portugal to fill Position No. 9 (expiration date of 2/2/15); and to reappoint Zahra Khan to Position No. 7, and Jana Kempf to position No. 8 (expiration date of 2020) on the Planning Commission. *(d) Final Plat (MF #FP2014 -001) First Place, Phase 6: 1. Agenda Report from Dave McDonald, City Planner dated March 31, 2014. 2. Overview Map. 3. Vicinity Map. 4. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library and on the City's webpage at www.oasco- wa.eov /citvcouncilrenort sl. To approve the Final Plat for First Place, Phase 6. (e) Traffic Signal Controller Replacement Master Plan: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated March 25, 2014. 2. Draft Master Plan (Council packets only; copy available for public review in the Public Works office, the Pasco Library and on the City's webpage at www.pasco- wa.eov /citvcouncilrenortsl. To approve the Traffic Signal Controller Master Plan as presented. (f) Consultant for Tri- Cities Consolidated Plan 2015 -2019 Update: 1. Agenda Report from Angela Pitman, Block Grant Administrator dated April 2, 2014. 2. Professional Services Summary. To approve the HOME Consortium Agreement with John Epler for preparation of an update to the Tri- Cities Consolidated Plan 2015 -2019 in an amount not to exceed $12,834 and, further, authorize the City Manager to sign the contract documents. (g) Resolution No. 3540, a Resolution accepting the Water Resources Management Plan prepared by MSA Associates. 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated April 3, 2014. 2. Resolution. 3. Water Resources Management Plan (Council packets only; copy available for public review in the Public Works office, the Pasco Library and on the City's webpage at www.pasco-wa.gov/citycouncilreports . To approve Resolution No. 3540, adopting the Water Resources Management Plan. Regular Meeting 2 April 7, 2014 *(h) Resolution No. 3541, a Resolution fixing the time and date for a public hearing to consider vacating the east ten feet of South 11t" Street between West "A" Street and West `B" Street. 1. Agenda Report from Dave McDonald, City Planner dated April 1, 2014. 2. Overview Map. 3. Vicinity Map. 4. Proposed Resolution. 5. Vacation Petition. To approve Resolution No. 3541, setting 7:00 pm, Monday, May 5, 2014 as the time and date to conduct a public hearing to consider vacating a portion of South 11's Avenue. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND /OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) S. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Ordinance No. , an Ordinance concerning speed limits on various streets and amending Section 10.24.040 of the Pasco Municipal Code. 1. Agenda Report from Mike Pawlak, City Engineer dated March 20, 2014. 2. Vicinity Map. 3. Staff Memorandum. 4. Ordinance. MOTION: I move to adopt Ordinance No. amending Section 10.24.040 "Speed Limits in Certain Zones," and, further, authorize publication by summary only. (b) Ordinance No. , an Ordinance of the City of Pasco, Washington amending Section 10.16.135 "Penalty Provisions" regulating traffic within the City; creating Section 10.52.080 "Handicap Parking Violations'; and repealing Chapter 10.94 "Tri- Cities Airport Parking and Traffic Regulations." 1. Agenda Report from Stan Strebel, Deputy City Manager dated March 25, 2014. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. regarding Parking Regulations and amending Title 10 of the Pasco Municipal Code and, further, authorize publication by summary only. (c) Ordinance No. , an Ordinance of the City of Pasco, Washington amending Section 9.08.030 "Court- Ordered Requirements Upon Persons Charged with Crime — Violation "; amending Section 9.08.090 "Stalking — Penalties "; amending Section 9.34.020 "Shoplifting "; amending Section 9.34.060 "Theft of Rental Equipment'; amending Section 9.42.140 "Introducing Contraband Third Degree "; amending Section 9.46.010 "Riot'; amending Section 9.54.050 "Vehicle Prowling "; and creating Section 9.34.065 "Shopping Cart Theft." 1. Agenda Report from Stan Strebel, Deputy City Manager dated March 18, 2014. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , amending Sections of Title 9 of the Pasco Municipal Code regarding Criminal Acts and, further, authorize publication by summary only. Regular Meeting 3 April 7, 2014 Q *(d) Resolution No. a Resolution approving a Preliminary Plat for Three Rivers West. 1. Agenda Report from Dave McDonald, City Planner dated March 31, 2014. 2. Overview and Vicinity Maps. 3. Proposed Resolution. 4. Preliminary Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library and on the City's webpage at www.pasco- wa.gov/citycouncilrgports . 5. Report to the Planning Commission. 6. Planning Commission Minutes dated 2/27/14 and 3/20/14. MOTION: I move to approve Resolution No. _, approving the Preliminary Plat for Three Rivers West. (e) Resolution No. , a Resolution of the City of Pasco approving the Interlocal Cooperation Agreement between the City of Pasco and the Housing Authority of the City of Pasco & Franklin County for Payment in Lieu of Taxes. 1. Agenda Report from Rick White, Community & Economic Development Director dated April 1, 2014. 2. Vicinity Map. 3. Proposed Resolution and Interlocal Agreement. MOTION: I move to approve Resolution No. _, approving the Interlocal Agreement for payments in lieu of taxes by the Housing Authority of the City of Pasco and Franklin County. (f) Resolution No. , a Resolution of the City Council of the City of Pasco, Washington, approving the issuance of revenue bonds by the Housing Authority of the City of Pasco and Franklin County in the principal amount of not to exceed $5,250,000 to finance low- income housing in the City of Pasco, Washington. 1. Agenda Report from Rick White, Community & Economic Development Director dated April 1, 2014. 2. Vicinity Map. 3. Report of Testimony from 2/3/14 Public Hearing. 4. Proposed Resolution. MOTION: I move to approve Resolution No. _, approving the issuance of bonds by the Housing Authority of the City of Pasco and Franklin County to finance low- income housing at the 0 and Pearl property. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) 2014 Crack Seal, Project No. M3- OV- 3R- 14-02: 1. Agenda Report from Mike Pawlak, City Engineer dated April 1, 2014. 2. Vicinity Map. 3. Bid Summary. (RC) MOTION: I move to award the low bid for the 2014 Crack Seal Project to Pavement Surface Control in the amount of $122,997.00 and, further, authorize the Mayor to sign the contract documents. *(b) Lewis Street Demolition, Project No. C5- ST- 3A- 13 -01: 1. Agenda Report from Mike Pawlak, City Engineer dated April 1, 2014. 2. Vicinity Map. 3. Bid Summary. 4. WSDOT Award Authorization Letter. (RC) MOTION: I move to award the low bid for the Lewis Street Demolition Project to Ray Poland & Sons, Inc., in the amount of $445,017.82 and, further, authorize the Mayor to sign the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) Sale of Real Estate (b) Enforcement Action (c) Regular Meeting 4 April 7, 2014 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File #...... Q Quasi - Judicial Matter REMINDERS: 1. 1:30 p.m., Monday, April 7, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 2. 5:30 p.m., Wednesday, April 9, 7420 Sandifur Parkway — GESA Credit Union West Pasco Branch Grand Opening/Ribbon Cutting Event. (MAYOR MATT WATKINS) 3. 7:00 a.m., Thursday, April 10 — BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCII.MEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 4. 7:00 p.m., Thursday, April 10 - Ben - Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; MIKE GARRISON, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 17, 2014 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Jim Raymond, Police Captain; Bob Gear, Fire Chief; Mike Pawlak, City Engineer; Jesse Rice, Information Services Manager and Dunyele Mason, Financial Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated March 3, 2014. (b) Bills and Communications: To approve Claims in the amount of $2,238,311.74 ($1,260,752.71 in Check Nos. 197174 - 197432; $241,675.12 in Electronic Transfer Nos. 790 -792, 948 -949, 952, 1009; $35,893.33 in Check Nos. 46517- 46550, 900000023; $553,102.26 in Electronic Transfer Nos. 30066828 - 30067289; $77,989.31 in Electronic Transfer Nos. 34 -39; $68,899.01 in Electronic Transfer Nos. 25 -27). 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 $353,227.45 and, of that amount, authorize $290,117.23 be turned over for collection. (c) Appointments to Code Enforcement Board: To appoint Russell Glatt to Position No. 3, and to reappoint Dennis Duncan to Position No. 4 and Mary Gutierrez to Position No. 5 (all with the expiration date of 1/1/16) to the Code Enforcement Board. (d) Civil Service Commission Appointment: To confirm the City Manager's reappointment of Janis Hastings to Position No. 1 on the Civil Service Commission, term to expire 2/17/20. (e) Butterfield WTP Traveling Screens, Phase II — Professional Services Agreement, Amendment No. 1: To approve Amendment No. 1 to the September 13, 2013 Professional Services Agreement with RH2 Engineering, Inc., authorizing Design Services with respect to the Butterfield WTP Traveling Screens project in the combined amount of $188,927 and, further, authorize the Mayor to sign the agreement. (f) Traffic Signal Controller Replacement Master Plan: To approve the Traffic Signal Controller Master Plan as presented. Removed from agenda; Council will consider at a future meeting. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 17, 2014 (g) Resolution No. 3535, a Resolution accepting work performed by Realm, Inc., under contract for the 2013 Sewer Re- Lining - Road 44 Manholes Project, Project No. C7- SE- 2R- 13 -03. To approve Resolution No. 3535, accepting the work performed by Realm, hic., under contract for the 2013 Sewer Re- Lining - Road 44 Manholes Project. (h) Resolution No. 3536, a Resolution accepting work performed by Apollo Sheet Metal Inc., for the replacement of the City Hall Cooling Towers. To approve Resolution No. 3536, accepting the work performed by Apollo Sheet Metal Inc., for the City Hall Cooling Tower Replacement. (i) Resolution No. 3537, a Resolution authorizing the sale of property surplus to City needs. To approve Resolution No. 3537, approving the sale of a mobile aisle filing system surplus to City needs. MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND /OR OFFICERS: Mr. Hoffmann reported on the BFCG Tri-Mats Policy Advisory Committee meeting. Mayor Watkins reported on the Ben - Franklin Transit Board meeting. Mr. Martinez reported on the Regional Public Facilities District meeting. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Recovery of Abatement Costs for 114 N. 4th Avenue (MF #LIEN2014 -004). MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE RECOVERY OF ABATEMENT COSTS. Mr. Octavio Rodriguez, owner of 114 N. 4th Ave, asked for one year to pay the abatement costs with no interest. FOLLOWING THREE CALLS FOR COMMENTS, ETCHER FOR OR AGAINST, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Council and staff discussed the options for recovery of abatement costs. Council directed an ordinance be prepared to establish specific interest rate for Special Abatement Liens for emergency abatements; Code Enforcement Board reconsider penalties for subject abatement; prepare documents for Council approval of Special Abatement Lien. Alley Vacation (MF#VAC2014 -002) Southern East/West Alley in Riverside Addition (Moreman). Mr. White explained the details of the proposed vacation. 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. MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 17, 2014 Ordinance No. 4147, an Ordinance vacating an alley in Block 27, Riverside Addition. MOTION: Ms. Francik moved to adopt Ordinance No. 4147, vacating the east/west alley in Block 27, Riverside Addition and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Ordinance No. 4148, an Ordinance relating to Local Improvement District No. 149 fixing the amount, form, date, interest rate and maturity of the Local Improvement District No. 149 Installment note; providing for the purchase of such note by the City from funds on deposit in the Boulevard Maintenance Fund and fixing the interest rate on Local Improvement District No. 149 assessment installments. MOTION: Ms. Francik moved to adopt Ordinance No. 4148, relating to Local Improvement District No. 149 fixing the amount, form, date, interest rate and maturity of the Local Improvement District No. 149 installment note; providing for the purchase of such notes by the city from funds on deposit in the Boulevard Maintenance Fund and fixing the interest rate on Local Improvement District No. 149 assessment installments and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Ordinance No. 4149, an Ordinance amending PMC Title 25 dealing with Special Permits for auto sales in the C -1 District. Council and staff discussed the details of the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4149, amending PMC Title 25 dealing with auto sales lots in C -1 zones and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried 6 -1. No — Larsen. Ordinance No. 4150, an Ordinance of the City of Pasco, Washington amending the Zoning Classification of 1325 Road 44 From C-1 (Retail Business) to RS -12 (Residential Suburban). Council and staff discussed the details of the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4150, rezoning property at 1325 Road 44 from C -1 to RS -12 and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Resolution No. 3538, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a Health Clinic at 1801 Sheppard Street. Council and staff discussed the details of the proposed resolution. MOTION: Ms. Francik moved to approve Resolution No. 3538, approving a Special Permit for the location of a health clinic at 1801 E. Sheppard Street as recommended by the Planning Commission. Mr. Yenney seconded. Motion carried unanimously. Resolution No. 3539, a Resolution of the Pasco City Council establishing Polices for Electronic Tablet Devices. Council and staff discussed the details of the proposed resolution. MOTION: Ms. Francik moved to approve Resolution No. 3539, establishing policies for City Council electronic tablet use. Mr. Martinez seconded. Motion carried by the following Roll Call vote: Yes — Martinez, Watkins, Yenney, Francik, Garrison, Hoffmann. No — Larsen. REGULAR MEETING NEW BUSINESS: MINUTES PASCO CITY COUNCIL MARCH 17, 2014 PWRF Treatment System Optimization, Phase 3 — Pond Area Grading Project No. C7- SR- 1A- 13 -02: Council and staff discussed the details of the proposed project. MOTION: Ms. Francik moved to award the low bid for the PWRF Treatment System Optimization, Phase 3 — Pond Area Grading Project to Big D's Construction of the Tri- Cities, Inc., in the amount of $423,748.80 and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. Agreement for City Manager Recruitment: MOTION: Ms. Francik moved to approve the agreement with Prothman for recruitment services and, further, to authorize the Mayor to sign the agreement. Mr. Garrison seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Ms. Francik and Mr. Hoffinann commented on the local production of Les Miserables. Mr. Yenney encouraged everyone to attend the upcoming Pasco Community Forums at 7:00 p.m. Tuesday at TRAC and 7 p.m. Wednesday at the Senior Center. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:22 p.m. for approximately 15 minutes to discuss collective bargaining strategies and proposals with the City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 8:36 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:36 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 7th day of April, 2014. 4 CITY OF PASCO Council Meeting of: April 7, 2014 Accounts Payable Approved The City Council City of Peace, Franklin County, Washington nod, do hereby cen0y under penalty of perjury that the materials have been furnished, the id or the labor performed as described herein and that the claim is a just, due and unpaid _ against the city and that we are authorized to authenticate and certify to said claim. er Dunyele Mason, Fi nce Services Manager W4, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify an this 7 day of April, 2014 that the merchandise or services hereinafter specified have been received and are approved for payment: Claims Bank Payroll Bank Gen'I Bank Electronic Bank Combined Check Numbers 197433- 197751 46551465885 900000025 - 900000026 Total Check Amount $1,828,990.92 $34,826.05 Total Checks $ 1,863,816.97 Electronic Transfer Numbers 793- 947, 950- 951, 953 -1006 30067290 - 30067745 1008,200000- 200002 800000 - 800153,800213 800280,800342 Total EFT Amount $823,617.76 $538,233.50 Councilmember GENERALFUND 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 DEVELOP STADIUM/CONVENTION CENTER GENERAL CAP PROD CONSTRUCTION WATERISEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICALIDENTAL INSURANCE FLEX PAYROLL CLEARING GRAND TOTAL ALL FUNDS: 40 28-35 $4,357.76 $280,509.60 SUMMARY OF CLAIMS BY FUND: Total EFTS $ 1,646,618.61 Grand Total $ 3,510;436.58 Councilmember 818,206.63 33,654.24 0.00 0.00 69.86 5,318.34 123.23 2,622.80 37,352.43 8,693.81 2,800.83 60,718.25 4,319.64 3,545.11 724.53 15,956.24 831.79 382.00 13,158.45 46,490.65 9,790.13 223,869.22 598,390.16 30,302.37 12,329.72 0.00 106.94 293,551.62 24,996.98 1,262,129.61 $ 3,510,435.58 3(b).1 AGENDA REPORT FOR: City Counc' 1 TO: Gary Crutchfie anager Rick White, Community & Evonomic Development Director i FROM: David I. McDonald, City Planner SUBJECT: FINAL PLAT (MF# FP 2014 -001): First Place, Phase 6 I. REFERENCE(S): March 31, 2014 Regular Mtg.: 4/7/14 1. Overview Map 2. Vicinity Map 3. Final Plat (Council packets only; copy available for public review in the Planning Office, the Pasco Library or on the City's webpage at http://www.pasco- wa.gov/citycouncilMorts. II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 4/7: MOTION: I move to approve the Final Plat for First Place, Phase 6. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. City Council previously approved a preliminary plat for the First Place development. The developer is now seeking final plat approval for Phase 6. B. First Place subdivision is a single - family residential development located west of Road 44 and north of the FCID irrigation canal. V. DISCUSSION: A. Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer has completed the improvements. B. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary survey data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. 3(d) �7 rail csl�•xer.� eye; ■ R# r� ro-$ # 6 s ed1.� I W9 ai � 3� �4,.� t�� p[�Tf i•4i��i X18 MUM Mj ra � � � C'� ■ i ■` r� c a. � �� �� 4t, %a fit # ■r ■ L►� e4 �� y�54 (?4i�.'.ir `• t�'fllll ;�y® ■� ■ � � � �� �� liiF�E � � .��� ��41�a� ;��°^� �;� ■■ ■ �-+ � ®� ��� 1111 110� b� ^rtr"� �yp!!1 r9p 1 • � �'+ al Va _ w Wei t �j�1�Iw ■� Ifs 1 qM IN IT2512414 MA MIN � �Lfi�lllllllllllll � - 1 1111111111111 1 1111111111!!x! 1111 „�, 1 I31111�II go I11 #� 1 NW091% Rik IMAM 9c �hlf_9 � 1 11111111111111111 � e ����'�R��"�� ■ �' . Yom' ' ,9,� ! "s3 � _ ; =•r, :tea �����3 �, ���'�,��1 � � �i�1E� -0- 0 FEM 4 C0 41 .......... INN, M ct UJI ct ct r-.4 ct 0 FEM 4 C0 41 .......... INN, FOR: City Council TO: Gary FROM: Ahmad AGENDA REPORT NO. 4 Public Works Director SUBJECT: Traffic Signal Controller Replacement Master Plan I. REFERENCE(S): March 25, 2014 Workshop Mtg.: 03/31/2014 Regular Mtg.: 04/7/2014 1. Draft Master Plan (Council packets only; copy available in Public Works office, the Pasco Library or on the city's website at www.pasco - wa.gov for public review) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/31: Discussion 4/7: MOTION: I move to approve the Traffic Signal Controller Master Plan as presented. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In May of 2013, Council approved an agreement with Kittelson and Associates, Inc. in the amount of $30,000 to conduct a Study to include inventory, review of existing conditions and to identify options to improve the City's traffic signals. Out of 50 signals, 41 are over 20 to 40 years old with controllers that are so outdated they can seldom be repaired if broken. It also included development of traffic signal communication system, recommendation on project priority and a 30% design of City-wide signal improvement. B) During the past few months (especially during storms) a number of signals were lost, resulting in complaints from citizens. C) Kittelson and Associates has completed the Study and the 30% design that meets the scoping of the professional services. D) On March 10, 2014 Staff presented the findings of the study to Council. The only concerned raised by Council was the provisions and recommendations for PTE cameras. Council requested to update the Master Plan to include provisions to address Council's concerns. V. DISCUSSION: A) Staff reevaluated the master plan language as requested by Council and is proposing the following be added as part of the final master plan documentation for Council's approval: The Traffic Signal Master Plan includes a number of references to the possible use of video surveillance cameras, with pan, tilt and zoom (PTZ) capabilities, to allow the City to monitor traffic conditions, at specified intersections or geographic areas, to provide remote traffic operations. While the City Council recognizes that the proposed system architecture can accommodate the installation of such video cameras in the future, the Council is declining to authorize its use within the City in view of concerns for the protection of the rights of the public to privacy. Staff is directed to seek specific City Council approval prior to installation of video surveillance equipment with PTZ capability. 3(e) I:�e1 si►`117_j 7�Z� FOR: City Council April 2, 2014 TO: Gary CrutchfieEconomic anager Workshop Mtg.: 03/31/14 Rick White, f Regular Mtg.: 04/07/14 Community & Development Director FROM: Angela R. Pitman, Block Grant Administrator SUBJECT: Consultant for Tri- Cities Consolidated Plan 2015 -2019 Update I. REFERENCE(S): A. Professional Services Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 03/31: 04/07: MOTION: I move to approve the HOME Consortium Agreement with John Epler for preparation of an update to the Tri- Cities Consolidated Plan 2015 -2019 in an amount not to exceed $12,834 and, further, authorize the City Manager to sign the contract documents. III. FISCAL IMPACT: $12,834 in Federal CDBG funds IV. HISTORY AND FACTS BRIEF: A. Pasco entered into a HOME consortium Agreement with Richland and Kennewick in 1995 making the City eligible for Federal HOME funds. Approval of a Consolidated Plan is required by HUD to expend federal funds for both the HOME and CDBG programs. The current Consolidated Plan 2010 -2014, prepared in 2009 by John Epler & Associates expires this year. B. In March of 2014 a request for quotation was issued from the HOME Consortium for update of the Tri- Cities Consolidated Plan 2015 -2019. Responses were received from four consulting firms as follows: Consultant Cost Ratin¢ Tom Beckwith & Associates $25,000 2.95 Ernest Swiger Consulting $29,730 3 John Epler /Linda Rinaldi $38,500 3.75 Urbanist Housing Solutions $49,163 2.75 C. The 2015 -2019 Consolidated Plan will be the Consortium's first year using the new federally mandated eCon Planning Suite, John Epler and Linda Rinaldi have completed over 30 consolidated plans both together and separately within the agreed -upon budget and schedule, the latest 2 of those plans were implemented in the eCon Planning Suite. V. DISCUSSION: A. The estimated total cost for all three cities is to not exceed $38,500. Total cost to Pasco for the update would not exceed $12,834. This amount was approved in the 2014 CDBG budget. B. The Professional Services Summary is attached for Council review and approval. The period of performance would begin as soon as possible and end not later than December 31, 2014. 3(f) Professional Services Agreement (Summary Sheet) Project: 2015 -2019 Tri- Cities Consortium Consolidated Plan Consultant: Linda Rinaldi /John Epler Address: 6747 4e Avenue SW, Seattle, WA 98136 Scope of Services: Prepare the 2015 -2019 Consolidated Plan. The purpose of the Consolidated Plan is to assess housing, community development needs within the three Cities and provide a comprehensive five -year strategy designed to: • Increase and maintain the supply of affordable and supportive housing for low-income and special needs populations, including the homeless: • Create a suitable living environment through improvements in public facilities and services; • Expand economic opportunities for lower income households. The Consolidated Plan must address the housing, infrastructure, social services and economic opportunities available to economically disadvantaged families and individuals residing within the boundaries of the three Cities. The individual or firm selected in response to this Request for Proposals will have the knowledge skills and ability to provide the full range of services including, but not necessarily limited to: • Conducting fact finding interviews • Facilitating small and large group meetings • Identifying agencies and organizations providing services to the Consortium's economically_ disadvantage populations • Design, conduct and evaluate a community survey • Prepare housing and community needs assessments and market studies • Assist Consortium staff in prioritizing community needs • Coordinate the public comment process Input and develop the Consolidated Plan in two manners: • Prepare and input the HUD reouired IDIS eCon Planning Suite document • Prepare a synopsis of the document that communicates the information contained within IDIS for publication to the general public through a variety of printed or electronic methods Term: 7 Months Completion Date: December 31, 2014 Payments to Consultant: ❑ Hourly Rate: 0 Fixed Sum o£ $38,500 ® Other: Progress Payment are allowable Insurance to be Provided: 1. Commercial General Liability: 3/27/13 ®$1,000,000 each occurrence; ® $2,000,000 general aggregate; or ❑ $ each occurrence; and $ 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: Summary of evaluation: Pasco entered into a HOME Consortium Agreement with Richland and Pasco in 1995 making the City eligible for Federal HOME funds Approval of a Consolidated Plan is required by HUD to expend federal funds for both the HOME and CDBG programs. The current 2010 -2014 Consolidated Plan prepared by John Epler & Associates expires this year. In March, a Request for Proposals was issued from the HOME Consortium for the update of the current plan. Rinaldi & Associates, working as a team with John Epler & Associates provided the most comprehensive Proposal to update the Plan. Working together and individually Rinaldi & Associates and John Epler & Associates have completed over 30 Consolidated Plans in the Northwest within the agreedMon time frame and budget All of those Plans were fully approved by HUD. Linda Rinaldi is registered in the eCon Planning Suite the team has successfully completed Consolidated plans for The City of Lewiston and City of Spokane using the eCon Planning Suite. In addition to assisting the Consortium with the development of the Consolidated Plan the team will also advise and assist Consortium staff in developer a flexible framework to accommodate each City's individual projects through their Annual Action Plans for the 5- e period. This will be the Consortium's first year using the new eCon Planning Suite required by the Integrated Disbursement Information System (IDIS). The new electronic submission format is more structured than previous years and requires that the framework of Consolidated Plan goals, including their relationship to priority needs, descriptions, outcomes and indicator measures are structured in a way that each City's individual annual projects must fit within. The Annual Plans will now be pre - populated by information taken from the 5 -year strategic plan Total cost is $38,500 to be split equally between the Cities of Richland, Kennewick and Signature by: ❑ Mayor ® City Manager 3/27/13 AGENDA REPORT NO. 10 FOR: City Council April 3, 2014 TO: Gary Crutchfi Manager FROM: Abmad Qayou ', Public Works Director Regular Mtg.: 4/07/2014 SUBJECT: Water Resources Management Plan Adoption I. REFERENCE(S): 1. Resolution 2. Water Resources Management Plan (Council packets only; copy available in Public Works office, the Pasco Library or on the city's website at www.pasco - wa.gov for public review) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 4/07: MOTION: I move to approve Resolution No. 357'"0 adopting the Water Resources Management Plan. HI. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) On May 20, 2013, City Council approved a professional services agreement with MSA to complete a study of the City's water rights and a way to manage the available rights. The City owns and operates two water systems; one for domestic use and one for irrigation use. These systems are supplied by surface and ground water and include a surface water intake from the Columbia River, a system of 10 wells, with associated pumping and treatment equipment. B) The irrigation system has grown to include ten well sites, one river pump station, and a three million gallon standpipe, and now serves over 6,000 residential customers. In addition to the residential water users, the system also supplies irrigation for a soccer complex, five residential parks, two schools, and numerous landscaping areas maintained by the City. Service is provided from April through October. C) For the domestic system, the City owns 7,849 acre feet of water rights and another 1,810 under the Quad Cities Water Rights Permit. The City typically utilizes 13,400 acre feet of water annually. Ecology has committed to provide an additional 4,500 acre feet of water right through the Quad Cities Water Rights Permit, but that amount provides limited growth potential. The goal of the study is to determine how to best utilize limited water rights to meet future needs. D) On February 20, 2014 Staff presented the final draft of the Water Resources Master Plan. The plan was accepted by Council as presented. V. DISCUSSION: A) The Water Resources Plan considers both the domestic and irrigation systems in their current and future cases. B) Staff recommends Council's approval of the Management Plan by Resolution (attached). The proposed Resolution directs staff to prepare an action plan by May 31, 2014 for City Council's approval. The action plan will identify immediate and short term steps to be taken to implement the approved Management Plan. 3(g) RESOLUTION NO. 3540 A RESOLUTION accepting the Water Resources Management Plan prepared by MSA Associates. WHEREAS, the city presently provides domestic water to more than 65,000 citizens and the city's population is expected to continue to grow; and WHEREAS, the city relies on the Columbia River for its domestic raw water supply; and WHEREAS, withdrawals from the Columbia River are strictly regulated by the state in its effort to balance the needs of various user interests and it is, therefore, expected that additional withdrawals from the Columbia River will become increasingly difficult; and WHEREAS, the city acquired and has greatly expanded an irrigation system serving much of the Pasco plateau, thus partially mitigating the consumption of domestic raw water supply associated with urban growth on the plateau; and WHEREAS, the city recognizes the increasing need to preserve and conserve its domestic well water supply as well as optimize the use and benefit of the irrigation system it owns and operates; and WHEREAS, the city's consultant, MSA Associates, has studied the city's domestic and irrigation system supplies and has developed a management plan designed to optimize long -term use of the city's limited water supplies; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the City Council hereby accepts the Water Resources Management Plan prepared by MSA Associates, attached hereto as Exhibit A, to be used as a guide by staff and Council in making various decisions about the city's water resources. Section 2. That the City Manager is hereby directed to develop a water resources action plan for approval by the City Council not later than May 31, 2014. PASSED by the City Council of the City of Pasco at its regular meeting this _ day of .2014. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council, April 1, 2014 TO: Gary Crutchfi anager Regular Mtg.: 4/7/14 Rick White, 1 Community & Economic Development Director�{F+ FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION (MF# VAC 2014 -003) A Portion of South 11`x' Ave Chavez I. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Proposed Resolution 4. Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 4/7: MOTION: I move to approve Resolution No. 3&f t , setting 7:00 P.M., Monday, May 5, 2014, as the time and date to conduct a public hearing to consider vacating a portion of South 11`' Avenue. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of property fronting the east side of South 11`h' Avenue between West "A" Street and West "B" Street have submitted a petition for vacation of the east 10 feet of said 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 May 5, 2014. 3(h) oN vV � N O KS zz L- 0 \--I 13TH LN, 17 y EIAV HiS I N 11 TH AVE t V 1 a' ILJU 12TH AVE: � � I V Ail t, m Ea; I c WE I � N 1 sl RESOLUTION NO. I A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER VACATING THE EAST TEN FEET OF SOUTH 11' STREET BETWEEN WEST "A" STREET AND WEST `B" STREET. 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 the east ten feet of South 11`h Avenue between West "A" Street and West `B" Street 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 May 5, 2014. 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 7a` day of April, 2014. Matt Watkins Mayor ATTEST: Debra L. Clark, MMC City Clerk 1 APPROVED AS TO FORM: Leland B. Kerr City Attorney O N M O � O �-4 O Q 10TH AVE /SR -397 1 TH AV W cn 4=0 0 "" wo 12TH AVE m 1 is miff CITY OF PASCO STREET /ALLEY VACATION PETITION MASTER FILE # DATE SUBMITTED: FEE $200 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: 7" - Name: (��1� Sign Name: Address: ez 2 a Phone # 4-z-2 9 5Y/ g2 ate / , Print Name: /- C-' PROPERTY OWNED (Legal Description) 6_ cc4Z,4 Sign Name: /z Date y? ` Print Name: Sign Name: Date Print Name: Sign Name: , Date e/ sli /5 -/*4tlte Q,sco k,1A ?ggrJ/ Ll CSC© f (J (7 (7 �� l 1 e CITY OF PASCO STREET /ALLEY VACATION PETITION MASTER FILE # DATE SUBMITTED: FEE $200 I, we the undersigned, owners of two- thirds of the privately owned abutting Property hereby petition the City Council of the following described street /alley rights -of -way: City of Pasco to vacate the NA ,\ - {4 APPLICANT: Print Name: _ Sign Name: Address:, Phone #r/ oo PROPERTY OWNED (Legal Description) 4 Print Name: C� ►-J� Las S. {hV� Date! i Print Name: Sign Name: Date Print Name: Sign Name: Date Print Name: Sign Name: Date AGENDA REPORT NO. 7 FOR: City Coun 1 DATE: March 20, 2014 TO: Gary Crutchfiel *blic ager Ahmad Qayo Works Director FROM: Michael A. Palk, P.E., City Engineer ! " ' Workshop: March 31, 2014 Regular: April 7, 2014 SUBJECT: Speed Limit Ordinance — Oregon Avenue Speed Limit Change I. REFERENCE(S): 1. Vicinity Map 2. Staff Memorandum 3. Ordinance II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 03/31: Discussion 04/07: MOTION: I move to adopt Ordinance No. amending Section 10.24.040 "Speed Limits in Certain Zones ", and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) A review of the collision history of Oregon Avenue found several collisions that might have been avoided or the severity reduced with a lower speed limit. B) Speed survey data was collected along Oregon Avenue in April, 2012. The calculated 85g-percentile speed ranged from 41 to 49 MPH. C) The review of the conditions of Oregon Avenue found that the current speed limit of 45 MPH was too high due to the high number of driveways, lack of left turn pockets, the numerous fixed objects close to the edge of the travel way, and a set of curves on the north end. D) Oregon Avenue (SR 397) is a part of the State highway system and as such the speed limit designation is controlled by the Washington State Department of Transportation (WSDOT). A reduction in speed limit from 45MPH to 40MPH has been approved by WSDOT. E) A revised speed limit of 40MPH is appropriate and consistent with the commercial and industrial land use and high activity level of driveway activity. V. DISCUSSION A) This ordinance amends Section 10. 24.040 (Speed Limits in Certain Zones) and of the Pasco Municipal Code by adding and amending speed limits on various streets in the City. 45 MPH Remove: N. Oregon Avenue (E. Ainsworth Street to SR -12) 40 MPH Add: Oregon Avenue (E. Ainsworth Street to SR -12) B) Engineering Division has discussed the proposed change with the Pasco Police Department and they indicated that they have no concerns. Staff recommends the speed limit change be adopted. 8(a) Memo To: From: Date: Re: Gary Crutchfield, City Manager Ahmad Qayoumi, PE, Public Works Director Michael A. PaWak, PE, City Engineer March 24, 2014 Public Works Department Engineering Division Proposed Speed Limit Change on Oregon Avenue (SR397) In January 2013, the City began discussions with the Washington State Department of Transportation ( WSDOT) to reduce the posted speed limit along N. Oregon Avenue between US12 and E. Ainsworth Street. The existing speed limit is posted at 45 MPH. Engineering staff conducted a speed survey of vehicular traffic, monitored turning movements and pedestrian activity, and reviewed 2007 -2011 collision data for the corridor. Staff concluded that a posted speed limit of 35 MPH would be more consistent with the urban environment along the corridor, the number of business accesses (driveways), turning movements, traffic patterns and pedestrian activity. Staff then proposed the change to WSDOT. WSDOT traffic engineers reviewed the City%s proposal, conducted their own evaluation and concluded that they would approve a decrease in the posted speed limit to 40 MPH, between US12 and E. Ainsworth Street. They cited in their determination that the posted speed limit along E. Ainsworth Street was 40 MPH and such a reduction along Oregon Avenue would provide consistency along the entire SR397 Corridor through Pasco. The City is currently in the design phase of improvements to the Oregon Avenue Corridor that will consist of roadway widening, sidewalks, illumination upgrades, signalization, and restriping of the roadway to a 5 -Lane section. The restriping will provide for a continuous two -way left turn lane (TWLTL) and left -turn pockets at designated intersections to allow traffic making left turns to stage outside of the travel lanes and reduce the potential for accidents. Jim Mahugh, WSDOT South Central Region Traffic Engineer, in an email dated August 15, 2013 acknowledged that WSDOT would consider a further speed limit reduction to 35 MPH after the improvements were completed and traffic speeds and patterns were re- evaluated. Staff recommends a change in PMC Section 10.24.040 to reduce the posted speed limit along Oregon Avenue (SR397) between US12 and E. Ainsworth Street to 40 MPH; and, to re-evaluate the corridor for a possible further reduction in speed limit once the Oregon Avenue Corridor Improvement Project is completed. A copy of the email string between the City and WSDOT is attached to this Memo. • Page 1 ORDINANCE NO. AN ORDINANCE concerning speed limits on various streets, and amending Section 10.24.040 of the Pasco Municipal Code. WHEREAS, with recent construction and/or extension of various city streets, it is determined that the maximum speed for the below named street(s) should be increased/decreased to provide a reasonable and safe conditions, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 10.24.040 of the Pasco Municipal Code is hereby amended to read as follows (deletions shown by interlineations and additions shown by underlining): 10.24.040 SPEED LIMITS IN CERTAIN ZONES. It is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is less than is necessary for safe operation of vehicles thereon, by reason of the designation and sign posting of the streets as arterial highways and/or by reason of widely spaced intersections, and it is declared that the speed limit shall be as hereinafter set forth on those streets or parts of streets designated in this section at the times specified when signs are erected giving notice thereof: NAME OF STREET 45 MPH E. "A" Street (S. Cedar Avenue to SR -12); Harris Road (W. Court Street to Broadmoor Boulevard); W. Lewis Street (N. 20th Avenue to N. 28th Avenue); N. 4th (north line Section 19 to city limits - Glade North); N. Oregon Street (Hillsboro to north city limits); Road 68 (Sandifur Pkwy north to north city limits); Broadmoor Boulevard (Franklin County Irrigation Canal to Bedford Street); N. Oregon A-venue (E. Ainsworth 84feet to ISR 12); Road 100 (Chelan Drive to FCID Canal); Capital Avenue (Hillsboro Street to Foster Wells Road). (Ord. 3928, 2009; Ord. 3730 Sec. 1, 2005; Ord. 3630 Sec. 1, 2003; Ord. 3395 Sec. 1, 1999; Ord. 3293 Sec. 1, 1998; Ord. 3217 Sec. 1, 1997; Ord. 2818 Sec. 4, 1991; Ord. 2795 Sec. 1 -2, 1990) 40 MPH S. 10th Avenue (Ainsworth Avenue to southerly city limits on the intercity bridge) Heritage Boulevard (SR -12 to "A" Street); W. Court Street (Road 48 to road 100); E. Lewis Street (N. Cedar Avenue to SR -12); Argent Road (N. 20th Avenue west to Road 36); Argent Road (Road 44 west to Road 52); W. Ainsworth Avenue (10th Avenue to Oregon Avenue); N. Oregon Avenue (E. Ainsworth Street to SR -12)• Burden Boulevard (Road 36 to Road 60); Road 36 (Argent Road to Burden Boulevard). (Ord. 4024, 2011; Ord. 3928, 2009; Ord. 3868, 2008; Ord. 3730 Sec. 1, 2005; Ord. 3716 Sec. 1, 2005; Ord. 3630 Sec. 1, 2003; Ord. 3395 Sec. 1, 1999; Ord. 3292 Sec. 1, 1998; Ord. 3217 Sec. 1, 1997; Ord. 2818 Sec. 3,1991; Ord. 2795 Sec. 3 (part), 1990.) 35 MPH W. "A" Street (N. 20th Avenue to S. Wehe Avenue); E. "A" Street (S. Wehe Avenue to S. Cedar Avenue); E. Ainsworth Street (Oregon Avenue to Sacajawea Park Road); Argent Road (Road 68 West to Road 84); Broadmoor Boulevard (Bedford Street to N. City Limits); W. Court Street (Road 36 to Road 48); W. Lewis Street (N. 12th Avenue to N. 20th Avenue); N. 4th Avenue (E. Court Street to SR -12); N. 4th Avenue (SR -12 to north line Section 19); S. 4th Avenue (W. "A" Street to W. Ainsworth Street); W. Sylvester Street (N. 20th Avenue to Road 60); Sandifur (Road 44 to Broadmoor Boulevard); Commercial Avenue (Kartchner to Kahlotus Highway); Industrial Way (Kartchner to Foster Wells Road); Foster Wells Road (SR -395 to N. Oregon Avenue); Sacajawea Park Road (SR -12 to E. Ainsworth Street); Burden Boulevard (Road 60 to Road 76); Road 100 (W. Court Street to Chelan Drive); Road 60 (W. Sylvester Street to W. Court Street); Road 68 (200 foot north of Valley View PI to Sandifur Pkwy). Road 52 (Burden Blvd. to Sandifur Parkway); Road 60 (Burden Blvd. to Sandifur Parkway); Argent Road (From 20th Avenue to the east); Madison Avenue (Road 44 to Burden Blvd.); Road 44 (Argent to Madison Avenue); Chapel Hill Blvd. (Road 68 to Churchill Downs Lane); Chapel Hill Blvd. (FCID Canal right -of -way to Road 84). (Ord. 4045, 2012; Ord. 4025, 2011; Ord. 4024, 2011; Ord. 3928, 2009; Ord. 3868, 2008; Ord. 3730 Sec. 1, 2005; Ord. 3716 Sec. 1, 2005; Ord. 3630 Sec. 1, 2003; Ord. 3395 Sec. 1, 1999; Ord. 3293 Sec. 1, 1998; Ord. 3217 Sec. 1, 1997; Ord. 2818 Sec. 2 (part), 1991; Ord. 2795 Sec. 4, 1990.) 30 MPH S. 10th Avenue (W. Ainsworth Avenue to W. Sylvester Street); N. 20th (W. "A" Street to airport terminal); W. "A" Street (N. 20th Avenue to Road 28); W. Clark Street (W. 5th Avenue to N. 18th Avenue); W. Court Street (N. 1st Avenue west to Road 36); W. Court Street (Road 100 to Harris Road); E. Lewis Street (N. Beech Avenue to N. Cedar Avenue); 28th Avenue (W. "A" Street to W. Lewis Street); W. Sylvester Street (N. 20th Avenue to N. 7th Avenue); Road 34 (W. Sylvester Street to W. Court Street); Road 84 (Chapel Hill Blvd. to Argent Road); Clemente Lane (Burden Blvd. to Wrigley Drive); Wrigley Drive (Road 76 to Clemente Drive). (Ord. 3928, 2009; Ord. 3868, 2008; Ord. 3716 Sec. 1, 2005; Ord. 3395 Sec. 1, 1999; Ord. 3293 Sec. 1, 1998; Ord. 3217 Sec. 1, 1992; 2818 Secs. 1 -4, 1991; Ord. 2795 Sec. 5,1990; Ord. 2644, Sec. 1, 1985; Ord. 2493 Sec. 1, 1984; Ord. 2486 Sec. 1, 1984; Ord. 1979 Sec. 1, 1978; Ord. 1793 Sec. 1, 1976; Ord. 1578 Sec. 1, 1971; prior code Sec. 8- 14.12.) 3630 Sec. 1, 2003; Ord. 1997; Ord. 2891 Sec. 1, Sec. 1, 1987; Ord. 2536 Ord. 2165 Sec. 1, 1980; 1, 1973; Ord. 1475 Sec, Section 2. This Ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco, this 7th day of April, 2014. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney AGENDA REPORT FOR: City Council TO: Gary FROM: Stan Strebel, Dopiiiy City Mariage SUBJECT: Parking Regulations I. REFERENCE(S): H. III. IV V. 1. Proposed Ordinance March 25, 2014 Workshop Mtg.: 3/31/14 Regular Mtg.: 4/7/14 ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/31: Discussion 4/7: MOTION: I move to adopt Ordinance No. regarding Parking Regulations and amending Title 10 of the Pasco Municipal Code and, further, authorize publication by summary only. FISCAL IMPACT: HISTORY AND FACTS BRIEF: A) Changes to state laws regarding Handicap Parking Violations prompted staff to review all parking regulations for compliance. B) As a result of the review, staff recommends revisions as follows: 1. PMC 10.16.135 Penalty Provision. Amendments are suggested to reduce the number of classes of violations from four to three in order to simplify the processing of various violations by the Police Department and the Court. Additionally, the penalties are increased somewhat as no adjustments have been made to costs since 1996. 2. PMC Section 10.52.080 and appropriate references and penalties for handicap parking are added pursuant to state law. DISCUSSION: A) Combining the two lowest classes of violations, those five cases where the penalty has been $20.00, and fifteen cases with a previous penalty of $35.00, results in each of these 20 cases recommended for a $40.00 penalty; in most cases, a modest increase of $5.00. The recommended increase for class two cases, formerly $66.00 to $80.00 is for the more egregious violations. B) Both Kennewick and Richland do not set penalties by code but merely legislate that penalties may not exceed $250.00, thus leaving wide latitude to the judicial authority. C) It should be noted that revenue for parking penalties remains with the City and is not shared with the state, as is the case of many other fines. D) Staff recommends adoption of the proposed ordinance with an effective date of May 1, 2014 in order for the Police Department and Municipal Court to have adequate time to implement the changes (ticket books, etc.). 8(b) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Section 10.16.135 "Penalty Provisions" Regulating Traffic Within the City; Creating Section 10.52.080 "Handicap Parking Violations'; and Repealing Chapter 10.94 "Tri- Cities Airport Parking and Traffic Regulations" WHEREAS, the Washington legislature has, by amendment of RCW 46.63.110, authorized cities within the State to assess a penalty for failure to timely respond to a notice of parking infraction imposed by cities within the State; and WHEREAS, it is necessary to update the penalty provisions for certain traffic infractions and to provide consistency with the State law, and to amend penalty provisions for failure to timely respond to violations of the City's traffic and parking infractions; and WHEREAS, Chapter 10.94 of the Pasco Municipal Code regarding Tri- Cities Airport Parking and Traffic Regulations is outdated and based upon the Port of Pasco Resolution, has long since been amended and changes having been made for the enforcement of parking and traffic regulations within the Airport making the current regulation obsolete which are being considered by the Port for future action; and WHEREAS, the City desires to provide for handicap parking, and provide for violations thereof, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 10.16.135 entitled "Penalty Provisions" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.16.135 PENALTY PROVISIONS. (1) The penalty provisions of Chapter 308 -330 WAC, are hereby adopted by reference as if set forth in full; EXCEPTION, any person found to be in violation of any provision of RCW 46.61.570 and RCW 46.61.575, which has been adopted by reference through WAC 308.330 -462, WAC 308 - 330 -430, WAC 308.330 -436, WAC 308 - 330 -433, WAC 308 - 330 -439, WAC 308 -330- 442, WAC 308 - 330 -457, and Chapters 10.44, 10.52, 10.56, and 10.924 of the Pasco Municipal Code shall be deemed to have committed a civil infraction and for each such violation shall be subject to a civil penalty in the amount listed below, plus court costs and statutory assessments, if any: (a) Class One. Violation of the following are subject to a maximum penalty of twenty forty dollars ($20:0040_00); (i) WAC 308 - 330 -430. Improper parking in an angled slot. (ii) WAC 308 - 330 -436. Illegal parking for the purpose of displaying, advertising or selling a vehicle. (iii) PMC 10.56.060. Overtime parking in two hour zone. (iv) PMC 10.56.120. Overtime parking in ten minute zone. (v) PMC 10.56.130. Overtime parking in one hour zone. (vi) RCW 46.61.570(a)(i) through RCW 46.61.570(a)(x). Illegal parking in roadway, intersection, crosswalk, bridges, railroad tracks, cross overs, etc. (vii) RCW 46.61.570(b)(1) through RCW 46.61.570(b)(vi). Illegal parking in front of driveway, fire hydrant, where signs prohibit stopping, etc. (viii) RCW 46.61.570(c)(i) through RCW 46.61.570(c)(ii). Illegal parking within 50' of a railroad crossing or where official signs prohibit parking. ix) RCW 46.61.570(3). Pushing vehicle out into roadway. (x) RCW 46.61.575(4). Stopping or standing where signs prohibit same. xi WAC 308 - 330 -433. Obstructing roadway. (xii) WAC 308 - 330 -439. Illegal parking or standing in a passenger zone. (-x—iii) WAC 308 - 330 -442. Illegal parking and standing in a loading zone. xiv WAC 308 - 330 -457. Illegal parking or standing at bus stops and taxi cab stands. xv PMC 10.52.030(1). Allowing oil or grease to be dropped from vehicle. (xvi) PMC 10.52.030(2). Illegal parking of commercial vehicle on residential street. (xvii) PMC 10.52.030(3). Illegal parking of unlicensed vehicle on roadway. (xviii) PMC 10.52.030(4). Illegal parking of boat, motor home, trailer, etc., on road for more than 72 hours. (xiv) PMC 10.52.045. Illegal parking in student loading zone. (x_v) PMC 10.52.070. Illegal overnight parking in City lots. (eh) Class ThreeTwo. Violation of the following are subject to a maximum penalty of sixty sb 6&y dollars ($6680.00): Parking Regulations Page 2 (i) RCW 46.61.570(4). Illegal blocking of road for attempting to reserve portion for exclusive use. (ii) RCW 46.61.575(1). Illegal stopping/parking on wrong side of road more than twelve (12) inches of curb on a two way road. (iii) RCW 46.61.575(2). Illegal stopping/parking more than twelve (12) inches from curb on one way road. (iv) PMC 10.44.020. Illegal roller skating, skateboarding, coaster on road lM (v) PMC 10.44.060. Illegal riding on portion of vehicle not intended for passengers. (vi) PMC 10.44.070. Illegal train operator blocks road for more than five minutes. (vii) PMC 10.44.080. Illegal cruising. (viii) PMC 10.52.020. Illegal parking in alley. (c) Class Three. Violation of the following are subject to a maximum penalty of two hundred and fifty dollars ($250.00) together with such other penalties or greater amounts as authorized by State law: (i) PMC 10 52 080. Handicap parking violations are subject to a monetM penalty of two hundred and fifty dollars ($250.00) and in addition to any penalty or fine imposed under this section two hundred dollars ($200.00) must be assessed pursuant to RCW 46.19.050. The Municipal Court may not suspend more than one -half of any fine imposed under this subsection (ii) All other violations contained within this Title not otherwise designated as misdemeanors or gross misdemeanors shall constitute infractions Unless otherwise designated by class or amount all violation of infractions shall be presumed to be class three infractions and subject to the maximum penalty of two hundred and fifty dollars ($250.00), or such additional penalties in such Beater amounts as provided by State law. (2) Failure to respond within fifteen (15) days shall result in an additional monetary penalties penalty of twenty-five dollars ($25.00) which shall be due and owing. Parking Regulations Page 3 (3) Each day that a violation continues or each time a violation continues past a parking limitation period or portion thereof in excess of the applicable parking time limitation, it shall be deemed a separate violation subject to the maximum civil penalty as set forth above. (Ord. 3171 Sec. 4,1996; Ord. 2599, Sec. 1, 1986.) Section 2. That a new Section 10.52.080 entitled "Handicap Parking Violations" of the Pasco Municipal Code, shall be and hereby is created and shall read as follow: 10.52.080 HANDICAP PARKING VIOLATIONS It is an unlawful narking violation: (1) For any person to nark in block or otherwise make inaccessible the access isle located next to a space reserved for persons with physical disabilities; or special license place issued pursuant to Chapter 46.19 RCW (3) For any person to make unauthorized use of the special placard special license 1p ate or identification card issued pursuant to Chapter 46.19 RCW or (4) In any public or private parking space posted by sign and reserved for persons with physical disabilities. Section 3. That Chapter 10.94 entitled "Tri- Cities Airport Parking and Traffic Regulations" of the Pasco Municipal Code, is hereby repealed in its entirety. Section 4. This Ordinance shall take full force and effect on May 1, 2014 after its 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 _ day of 2014. Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Parking Regulations Page 4 AGENDA REPORT FOR: City i TO: Gary FROM: Stan Strebel, Deputy City Managers SUBJECT: Criminal Code Amendments I. REFERENCE(S): 1. Proposed Ordinance March 18, 2014 Workshop Mtg.: 3/31/14 Regular Mtg.: 4/7/14 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3131: Discussion 4/7: MOTION: I move to adopt Ordinance No. , amending Sections of Title 9 of the Pasco Municipal Code regarding Criminal Acts and, further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Recent changes in state law, upon which sections of the City's criminal code are based, warrant amendment of several PMC sections so as to be consistent and enforceable. B) The City Attorney has prepared the referenced, proposed ordinance to implement the necessary changes which are briefly summarized below: • Section 1— PMC 9.08.030 (2) Violation of a Court Order regarding harassment is changed from a misdemeanor to a gross misdemeanor. (3) Procedures on the crime of stalking are added. • Section 2 — PMC 9.09.090 Stalking penalties language is revised. • Section 3 — PMC 9.34.020 The defmition of shoplifting is revised • Section 4 — PMC 9.34.060 State law (RCW 9A.56.096) regarding Theft of Rental, Leased, Lease — Purchased or Loaned Property is adopted. • Section 5 — PMC 9.42.140 State law (RCW 71.09) regarding Introducing Contraband Third Degree is adopted and incorporated into PMC. • Section 6 — PMC 9.46.010 "Riot" is replaced by "Criminal Mischief' with state law reference (RCW 9A.84.010) • Section 7 — PMC 9.54.050 Vehicle Prowling in the Second Degree is incorporated with state law (RCW 46.04.305) reference and generally defined as a gross misdemeanor. • Section 8 — PMC 9.34.065 A new section defining Shopping Cart Theft (misdemeanor) is added to PMC. V. DISCUSSION: A) Staff has reviewed the ordinance and recommends adoption. 8(c) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Section 9.08.030 "Court - Ordered Requirements Upon Persons Charged with Crime - Violation "; Amending Section 9.08.090 "Stalking - Penalties"; Amending Section 9.34.020 "Shoplifting "; Amending Section 9.34.060 "Theft of Rental Equipment "; Amending Section 9.42.140 "Introducing Contraband Third Degree "; Amending Section 9.46.010 "Riot "; Amending Section 9.54.050 "Vehicle Prowling "; and Creating Section 9.34.065 "Shopping Cart Theft" WHEREAS, recent legislative changes have made changes to laws upon which certain sections of the City's criminal code are based; and WHEREAS, it is important for effective law enforcement that these sections be consistent, both in the elements of the crime and the level of punishment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 9.08.030 entitled "Court - Ordered Requirements Upon Person Charged with Crime - Violation" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 9.08.030 COURT - ORDERED REQUIREMENTS UPON PERSON CHARGED WITH CRIME - VIOLATION. (1) Because of the likelihood of repeated harassment directed at those who have been victims of harassment in the past, when any defendant charged with a crime involving harassment is released from custody before trial on bail or personal recognizance, the Court authorizing the release may require that the defendant: (A) Stay away from the home, school, business, or place of employment of the victim or victims of the alleged offense or other location, as shall be specifically named by the Court in the order; (B) Refrain from contacting, intimidating, threatening, or otherwise interfering with the victim or victims of the alleged offense and such other persons, including but not limited to members of the family or household of the victim, as shall be specifically named by the Court in the order. (2) An intentional violation of a Court order issued under this section is a g oss misdemeanor. The written order releasing the defendant shall contain the Court's directives and shall bear the legend: Violation of this order is a criminal offense under Chapter 9.08 PMC. A certified copy of the order shall be provided to the victim by the Clerk of the Court. (3) If the defendant is charged with a crime of stalking or any other stalking related offense under PMC 9.08.090, and the Court issues an order protecting the victim. the Court shall issue a stalking no- contact order pursuant to Chanter 7.92 RCW (Ord. 2912 Sec. 1, 1992.) Section 2. That Section 9.08.090 entitled "Stalling - Penalties" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 9.08.090 STALKING - PENALTIES. (1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime: (A) He or she intentionally and repeatedly harasses or repeatedly follows another person to «,_..« _,.._.,._'s ,._ e _heel .a. a of = _le5gnent i.....:..es er . ether leea . or follows the pemen while the person is in #aasit between leeatiens; and (B) The person being harassed or followed is ' placed in fear that the stalker intends to injure the person, another person. or property of the person being -fellewed, or of another person. The feeling of fear, ' must be one that a reasonable person in the same situation would experience under all the circumstances; and (C) The stalker either: (i) Intends to frighten, intimidate, or harass the person being €ellewed; or (ii) Knows or reasonably should know that the person being -feHewed is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person,; and (2) It is not a defense to the crime of stalking under subsection (1)(C)(i) of this section that the stalker was not given actual notice that the person being followed did not want the stalker to contact or follow the person; and W(D It is not a defense to the crime of stalking under subsection (1)(C)(ii) of this section that the stalker did not intend to frighten, intimidate, or harass the person being followed. (344) It shall be a defense to the crime of stalling that the defendant is a licensed private detective acting within the capacity of his or her license as provided by Chapter 18.165 RCW. (45) Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person. "Contact" includes, in addition to any other form of contact or communication, the sending of an electronic communication to the person. (56) Except as provided in RCW 9A.46.110(5)(b). such additional elements as constitutes a class B felony. a person who stalks another person is guilty of a gross misdemeanor. A pefsen who stalks another- persen is guilty of a gross misdemeaner- exeept that the persen is guil4y ef a plgqq G felefty if any of the fellewing applies� Ordinance - Criminal Code Page 2 MMMININ ,.•.. .. ..: - (61) As used in this section: (A) "Follows" means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person's home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another. (B) "Harasses" means unlawful harassment as defined in PMC 9.08.010 or RCW 10.14.020. (C) "Protective order" means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person. (D) "Repeatedly" means on two or more separate occasions. (Ord. 3484 Sec. 5, 2001; Ord. 2912 Sec. 1, 1992.) Section 3. That Section 9.34.020 entitled "Shoplifting" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 9.34.020 SHOPLIFTING. A person who willfully takes possession of any goods, wares, or merchandise valued at less than tweseven hundred fifty dollars offered for sale by any wholesale or retail store or other mercantile establi shment, including ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and Ordinance - Criminal Code Page 3 s — (61) As used in this section: (A) "Follows" means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person's home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another. (B) "Harasses" means unlawful harassment as defined in PMC 9.08.010 or RCW 10.14.020. (C) "Protective order" means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person. (D) "Repeatedly" means on two or more separate occasions. (Ord. 3484 Sec. 5, 2001; Ord. 2912 Sec. 1, 1992.) Section 3. That Section 9.34.020 entitled "Shoplifting" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 9.34.020 SHOPLIFTING. A person who willfully takes possession of any goods, wares, or merchandise valued at less than tweseven hundred fifty dollars offered for sale by any wholesale or retail store or other mercantile establi shment, including ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and Ordinance - Criminal Code Page 3 beverage crates, without the consent of the seller, with the intention of converting such goods, wares, ermerchandise, pallets or crates, to his own use without having paid the purchase price thereof, is guilty of shoplifting. Shoplifting is a gross misdemeanor. (Ord. 3488 Sec. 3, 2001.) Section 4. That Section 9.34.060 entitled "Theft of Rental Equipment" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follow: 9.34.060 THEFT OF RENTAIQiNT, LEASED. LEASE - PURCHASED. OR LOANED PROPERTY. RCW 9A.56.096, as it its amendments and additions, pertaining to the theft of rental egWprnei# leased, lease - purchased, or loaned property valued uffder- at replacement value of less than $750 is adopted in its entirety. Theft of rental e"iprient, leased, lease - purchased, or loaned property is a gross misdemeanor. (Ord. 3488 Sec. 3, 2001.) Section 5. That Section 9.42.140 entitled "Introducing Contraband Third Degree" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 9.42.140 INTRODUCING CONTRABAND THIRD DEGREE. (11) A person is guilty of introducing contraband in the third degree if he or she knowingly and unlawfully provides contraband to any person confined in a detention facility or secure facility under Chapter 71.09 RCW. . (2) This section does not apply to an attorney representing a client confined in a secure facility under Chapter 71.09 RCW for the purposes of bringing discovery or other legal materials to assist the client in the civil commitment process under Chapter 71.09 RCW: provided that: (A) The attorney must be present when the materials are being reviewed or handled by the client: and (B) The attorney must take the materials and any and all copies of the materials when leaving the secure facility. (3) "Contraband" means any article or thing which a person confined in a detention facility or secure facility under Chapter 71.09 RCW is prohibited from obtaining or possessing by statute, rule, regulation, or order of a Court. (4) Introducing contraband in the third degree is a misdemeanor. (Ord. 3490 Sec. 3, 2001.) Section 6. That Section 9.46.010 entitled "Riot" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 9.46.010 RIOT. CRIMINAL MISCHIEF. (1) A person is guilty of the crime of eiet criminal mischief if, acting with three or more other persons, he or she knowingly and unlawfully uses or threatens to use force, or in any way participates in opfiwilitatesthe use of such force, against any other person or again property, exeept Ordinance - Criminal Code Page 4 (2 ) Except as provided in RCW 9A.84.010(2)(b), where the actor is armed with a deadly weapon, the crime of criminal mischief is a gross misdemeanor. (Ord. 2688 Sec. 1, 1988.) Section 7. That Section 9.54.050 entitled "Vehicle Prowling" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 9.54.050 VEHICLE PROWLING IN THE SECOND DEGREE. in -a vehiele-of whieh he er she is net the - registered ewner. Vehiele Pfew4ifig -is -mess misdemeanen 1) A person i ma of vehicle prowling in the second degree i£ with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a vehicle other than a motor home as defined in RCW 46.04.305, or a vessel equipped for propulsion by mechanical means or by sail which has a cabin equipped with permanently installed sleeping quarters or cooking facilities (2) Except for those circumstances which constitute a felony as defined by RCW 9A.52.100, vehicle prowling in the second degree is a gross misdemeanor. (Ord. 3492 Sec. 3, 2001.) Section 8. That a new Section 9.34.065 "Shopping Cart Theft" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: 9.34.065 SHOPPING CART THEFT. (1) It is unlawful for any person to do any of the following acts, if a shopping cart has a permanently affixed sign as provided in subsection (2) of this section: (A) To remove a shopping cart from the parking area of a retail establishment with the intent to deprive the owner of the shopping cart the use of the cart; or (B) To be in possession of any shopping cart that has been removed from the parking area of a retail establishment with the intent to deprive the owner of the shopping cart the use of the cart. (2) This section shall apply only when a shopping cart: (A) Has a sign permanently affixed to it that identifies the owner of the cart or the retailer, or both; (B) Notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; (C) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is unlawful; and (D) Lists a telephone number or address for returning carts removed from the premises or parking area to the owner or retailer. Ordinance - Criminal Code Page 5 (3) Any person who violates any provision of this section is guilty of a misdemeanor. Section 9. 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 _ day of 2014. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Ordinance - Criminal Code Page 6 AGENDA REPORT FOR: City Council March 31, 2014 TO: Gary Crutch�anager Regular Mtg.: 4/7/14 Rick White, , Community & Aconomic Development Director FROM: David McDonald, City Planner SUBJECT: PRELIMINARY PLAT: Three Rivers West. (Hayden Homes) (MF# PP 2014 - 001) I. REFERENCE(S): 1. Overview and Vicinity Maps 2. Proposed Resolution 3. Preliminary Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.nasco- wa. ¢ov /citycouncilreports). 4. Report to the Planning Commission 5. Planning Commission Minutes: Dated 2/27/14 & 3/20/2014 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 4/7: MOTION: I move to approve Resolution No. , approving the Preliminary Plat for Three Rivers West. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On February 27, 2014, the Planning Commission conducted a public hearing to develop a recommendation for the City Council on the Preliminary Plat for Three Rivers West. Three Rivers West is a proposed 188 -lot subdivision located at the northwest corner of Convention Drive and Sandifur Parkway. B. Following the conduct of a public hearing, the Planning Commission determined that with conditions, the Preliminary Plat could be recommended for approval. The recommended conditions are contained in the attached resolution. C. No written appeal of the Planning Commission's recommendation has been received. 8(d) Vicinity Item: Preliminary Plat N Applicant: Hayden Home + Map File PP2014-001 I AM, 4ANnnznv Picwv RESOLUTION NO. A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THREE RIVERS WEST. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS, owners and developers of property situated in the northeast quarter of Section 9, Township 9 North, Range 29 East, W.M., have requested approval of a preliminary plat; and, WHEREAS, the Planning Commission has reviewed said preliminary plat which is named Three Rivers West; and, WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the preliminary plat for Three Rivers West, located in the northeast quarter of Section 9, Township 9 North, Range 29 East W.M., is hereby approved with the following conditions: 1) At the time lots are developed, all abutting roads and utilities shall be installed to City standards as approved by the City Engineer. This includes, but is not limited to water and sewer lines, streets, street lights and storm water retention. The handicapped accessible pedestrian ramps must be completed with the street and curb improvements prior to final plat approval. All proposed utilities must be installed underground by the developer at the developer's expense. 2) The main sewer line serving the proposed plat must be extended north from the man hole located in the intersection of Clemente Lane and Wrigley Drive unless a sewer modeling study determines otherwise. 3) The developer shall install a properly designed irrigation system with stubs to all lots in the subdivision for future irrigation needs. All easements /rights -of -way necessary to convey an irrigation system to and through the proposed plat must be conveyed to the City of Pasco. The irrigation lines shall run in easements /rights -of -way as directed by the City Engineer. 4) Excess right -of -way along Power Line Road, Convention Drive and Sandifur Parkway must be landscaped. Said landscaping shall include irrigation, turf and trees. Trees shall be planted at 50 foot intervals. The species of the trees will be determined by the Parks Department. All landscaping and irrigation plans shall be reviewed and approved by the Parks Department prior to installation. Water usage for City right -of -way landscaping shall come from a source as approved by the City of Pasco with the connection and meter fees paid for by the developer. 5) The developer/builder shall pay the City a "common area maintenance fee" of $475 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of arterial boulevard strips. The City shall not accept maintenance responsibility for the landscaping abutting said streets until such time as all fees are collected for each phase that abut said streets. 6) The developer/builder shall pay the "traffic impact fee" established by ordinance at the time of issuance of building permits for homes. Fees collected shall be placed in a fund and used to finance signalization and other improvements necessary to mitigate traffic impacts on the circulation system within the I -182 corridor. 7) The developer shall prepare a traffic impact study consisting of a trip generation distribution delineation and safety /level of service analysis for the following intersections: Convention Dr. & Three Rivers Dr., Sandifur Parkway & Convention Dr., Sandifur Parkway and "H" St. and Sanfiur Parkway and Road 68. 8) The developer/builder shall mitigate impacts to the Public School System by the "school impact fee" established by Ordinance at the time of issuance of building permits for homes. 9) No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 10) All storm water is to be disposed of per City and State codes and requirements. 11) The developer shall insure active and ongoing dust, weed and litter abatement activities occur during the construction of the subdivision and construction of dwellings thereon. 12) The developer shall prepare a dust, weed and erosion control plan to be approved by the City prior to approval of any construction drawings for the first phase of the subdivision. 13) The developer shall be responsible for the creation of record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form shall be signed by the developer prior to construction plan approval. 14) All engineering designs for infrastructure and final plat(s) drawings shall utilize the published City of Pasco Vertical Control Datum and shall be identified on each such submittal. 15) The final plat(s) shall contain a 10 -foot utility easement parallel to all streets. 16) The final plat(s) shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfrll for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat ". 17) Street lighting must be installed to the City of Pasco/Franklin County PUD standards and as directed by the City Engineer. Residential street lights are typically installed every 300 feet, and collector /arterial type street lights are typically installed every 150 feet. Street light positioning is alternating and is measured along the centerline of the road. 18) Prior to the City of Pasco accepting construction plans for review the developer must enter into a Storm Water Maintenance Agreement with the City. The developer will be responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement must be presented to the City of Pasco at the intake meeting for construction plans. 19) The developer will be required to conform to all conditions set forth in the Storm Water Maintenance Agreement including, but not limited to, regular cleaning and maintenance of all streets, gutters, catch basins and catch basin protection systems. Cleaning shall occur on a regular basis to ensure that no excess buildup of sand, trash, grass clippings, weeds or other debris occurs in any portion of the streets, gutters, or storm water collection facilities. Cleaning and upkeep of the streets, gutters, and storm water collection facilities must be to the satisfaction of the City Engineer. The developer will be responsible for operating and maintaining the storm drain system in accordance with the Storm Water Maintenance Agreement for a period of up to five years from the date of final plat(s) approval depending on the build out schedule for homes on the lots. 20) The developer will be required to comply with the City of Pasco Civil Plan Review process. 21) The developer shall install a common Estate type masonry wall /fence 6 feet in height adjacent the rear line of all lots backing on Sandifur Parkway, Convention Drive and Power Line Road as a part of the infrastructure improvements associated with each phase abutting said streets. Prior to installation the City must approve said wall /fence. Consideration must be given to the vision triangle at the intersection of streets. The City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep. These fencing requirements shall be noted clearly on the face of the final plat(s). A concrete mow strip shall be installed under any common fence as directed by the City Parks Division and shall be approved by the Parks Department prior to installation. 22) Lots abutting Power Line Road, Convention Drive and Sandifur Parkway shall not have direct access to said streets. Access shall be prohibited by means of deed restrictions or statements on the face of the final plat(s). 23) Construction drawings for the plat will not be approved until the developer, Franklin County PUD and the City Engineering Division have reach an agreement on development within the Power Line Road right -of -way. The agreement must include the following: 1) The location of the finished road surface within the right -of -way; 2) The distance of the south curb line from the Glade to Taylor Flats Transmission line; 3) How and where the distribution line near the section line will be undergrounded; 4) How the intersection of Convention Drive and Power Line Road will be finished; and, 5) Responsibilities for modification and relocation of facilities and pole lines in and adjacent to the Power Line Road right -of -way with the understanding the Glade to Taylor Flats Transmission line cannot be relocated. The Pasco Engineering Division will not sign construction drawings until details on the above issues are full addressed. Passed by the City Council of the City of Pasco this 7v' day of April, 2014. Matt Watkins, Mayor ATTEST: Debra L. Clark, CMC City Clerk 0 APPROVED AS TO FORM: Leland B. Kerr, City Attorney REPORT TO PLANNING MASTER FILE NO: PP 2014 -001 HEARING DATE: 2/27/2014 ACTION DATE: 3/20/2014 BACKGROUND REQUEST: Preliminary Plat: Three Rivers West 1. PROPERTY DESCRIPTION: APPLICANT: Hayden Homes 2464 SW Glacier Place Suite 110 Redmond, OR 97838 Legal: The East 842 feet of the Northeast 1/4 of Section 9, Township 9 North, Range 29 East, WM. General Location: Northwest corner of Sandifur Parkway and Convention Drive. Proper Size: 49.90 Acres Number of Lots Proposed: 188 lots Square Footage Range of Lots: 6,000 W to 15,636 ft2 Average Lot Square Footage: 8,151 ft2 2. ACCESS: The property has access from Convention Drive, Sandifur Parkway and Power Line Road. 3. UTILITIES: Utilities exist in surrounding streets. A sewer modeling study is currently underway to determine whether or not the subdivision can connect to the existing sewer line in Convention Drive or if the line at the end of Clemente Drive will need to be extended north to serve the proposed subdivision. 4. LAND USE AND ZONING: The site is zoned R -1 and R -2 (Low Density and Medium Density Residential). Surrounding properties are zoned and developed as follows: NORTH: RR (Rural Residential County Zoning) - Manufactured Homes SOUTH: RT & C -1 - Vacant EAST: R -1 - Three Rivers Subdivision WEST RT - Farm field 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for low- density and mixed - residential development. According to the Comprehensive Plan low- density residential means 2 to 5 dwelling units per acre and mixed- density means 5 -20 units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for residential uses when or where; sewer is available, land is suitable for home sites, when there is a market demand and where there are major circulation routes. Policy H -1 -E encourages the advancement of home ownership and Goal H -2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU -2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 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 At the time the Comprehensive Plan was originally developed there was no development in the I -182 corridor except for the Desert Plateau/ Riverview Heights neighborhood. The plan envisioned development would occur radially from the major interchange nodes of Road 68 and Road 100. Through the implementation of land use regulations development has expanded as planned from those interchange nodes. The proposed plat is a continuation of past development in the area. The Three Rivers Crossing subdivision is located directly to the east across Convention Drive. The applicant has applied for preliminary plat approval to match the residential densities of the Three Rivers Crossing subdivision. The proposal is essentially a continuation of the existing Three Rivers Crossing development. The 188 -lots proposed by this subdivision will generate about 1,799 new vehicle trips per day as estimated by the Institute of Traffic engineers (ITE) Trip Generation Manual 8th Addition. The Engineering Division estimates about 52% of the new traffic will enter and exit the subdivision directly from Sandifur Parkway. Thirty -three percent of the traffic is expected to use Convention Drive and the remainder will use Power Line Road to connect with other locations in the City. Some minor amounts of traffic will be added at the Sandifur Parkway and Convention Drive intersection during peak periods. A warrant study would be required prior to determining whether or not a traffic signal would be needed at that intersection. LOT LAYOUT: The proposed plat contains 188 lots; with the lots varying in size from 6,000 to 15,636 square feet. z RIGHTS -OF -WAY: All lots have adequate frontage on streets which will be dedicated. UTILITIES: The developer will be responsible for extending utilities into the plat. A utility easement will be needed along the first 10 of street frontage of all lots. The final location and width of the easements will be determined during the construction design phase of the platting process. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not encroach upon the buildable portions of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and with a maximum interval of 300 feet between hydrants on the same side of the street. Streetlights are located at street intersections, with a maximum interval of 300 feet on residential streets, and with a maximum interval of 150 feet on arterial streets. The intervals for street light placements are measure along the centerline of the road. Street lights are placed on alternating sides of the street. STREET NAMES: Streets within the plat will all be named prior to final platting. IRRIGATION: The municipal code requires the installation of irrigation lines as a part of infrastructure improvements. WATER RIGHTS: Water rights for this area have been satisfied by way of a Settlement Agreement. FINDINGS OF FACT State law (RCW 58.17.110) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact ": Prevent Overcrowding: With an average lot size of 8,151 square feet the proposed development will address the overcrowding concern by providing manageable lots and usable open spaces. R -1 and R -2 zoning requires a 20 foot front yard setback and no more than 40 percent lot coverage which also addresses the overcrowding issue. Parks Opens Space /Schools: The Sunny Meadows Park and the future Three Rivers Park are both located within a half mile of the proposed subdivision. The Island Estate Park and Road 84 Park are located about a mile from the 7 proposed subdivision. The School District is in the process of building four new schools within the community. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate the impacts of the proposed subdivision on the School District. At the request of the School District the City enacted a school impact fee in 2012. The imposition of this impact fee addresses the requirement to ensure there are adequate provisions for schools (See attached letter). All new residential development pays a school impact fee (when permits are issued) to assist with the provision of schools within the community. The preliminary plat was submitted to the School District for review. No additional requests were made by the School District for the City to address RCW 58.17.110 Effective Land Use /Orderly Development: The plat is laid out for low- density residential development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 5 dwelling units per acre. The proposed development with about 3.75 dwelling units per acre is an orderly continuation of the existing residential subdivision to the east. Safe Travel & Walking Conditions: The Plat will connect to the community through the existing network of streets. Sidewalks are installed at the time homes are built on individual lots. The sidewalk will be constructed to current City standards and to the standards of the American's with Disabilities Act (ADA). Adequate Provision of Municipal Services: All lots within the plat will be provided with water, sewer and other utilities. A sewer study is being done by MSA, Inc., Engineers/ Planners. Provision of Housing for State Residents: The proposed preliminary plat contains 188 building lots, providing opportunities for the construction of 188 new homes for Pasco residents. Adequate Air and Light: The maximum lot coverage limitations and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The access streets through the plat will be paved and developed to City standards to assure that proper access is maintained to each lot. (The discussion under safe travel above applies to this section also.) Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the Plat site for low- density and mixed - residential development. Policies of the Comprehensive Plan suggest the City strive to maintain a variety of housing for residents. n Other Findings: • The site is within the Pasco Urban Growth Area Boundary. • The State Growth Management Act requires urban growth and urban densities to occur within Urban Growth Boundaries. • The Comprehensive Plan identifies the site for low- density and mixed residential development. • The site was zoned R -1 and R -2 in January of this year. • The Three Rivers Crossing subdivision with over 500 single - family lots is located directly to the east of the proposed subdivision. • The Housing Element of the Comprehensive Plan encourages the development of a variety of residential densities and housing types. • The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic. • Per the ITE Trip Generation Manual 8th Addition the proposed subdivision, when fully developed, will generate approximately 1,799 vehicle trip per day. • Per the ITE Trip Generation Manual 81h Addition the am peak (7:00 am- 9:00 am) will be 145 new vehicle trips. Of the 145 vehicles trips 48 (24 per hour) can be expected at the intersection of Sandifur Parkway and Convention Drive. Seventy-five vehicles will exit the subdivision directly onto Sandifur Parkway and about 22 will connect to other areas of the City by way of Power Line Road. • The ITE Trip Generation Manual 8th Addition estimates the pm peak (4:00 pm - 6:00 pm) traffic volume for the proposed subdivision will be about 192 vehicle trips. The additional pm traffic through the Sandifur Parkway Convention Drive intersection will be about 32 vehicles per hour. Ninety-nine vehicles can be expected to enter the subdivision directly from Sandifur Parkway and the remaining 29 will utilize Power Line Road. • The current traffic impact fee is $709 per dwelling unit. The impact fees are collected at the time permits are issued and said fees are used to make traffic improvements and add traffic signals in the I -182 Corridor when warranted. • RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools before any preliminary plat is approved. 5 • The City of Pasco has adopted a school impact fee ordinance compelling new housing developments to provide the School District with mitigation fees. The fee was effective April 16, 2012. • A February 6, 2014 letter from the Pasco School District indicates impact fees address the requirement to ensure adequate provisions are made for schools. CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of the proposed Plat the Planning Commission must develop Findings of Fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the Pasco Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure the public health, safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service and the provision for dedication of right -of -way. The preliminary plat was forwarded to the Franklin County PUD, the Pasco School District, Charter Cable and Ben - Franklin Transit Authority for review and comment. The PUD requested easements along the font of all lots for utility service. Four City parks are located within one mile of the proposed subdivision. New developments participate in establishing parks through the payment of park fees at the time of permitting. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed plat makes efficient use of vacant land and will provide for additional housing following the designations of the Comprehensive Plan and the established zoning. The proposed plat will also provide for the looping of utilities and interconnectivity of streets as supported in the Comprehensive Plan. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; 0 The Comprehensive Plan land use map designates the site for low- density and mixed- residential development. The Comprehensive Plan describes Low - density development as 2 to 5 single- family dwelling units per acre and Mixed residential as 5 to 20 units per acre. The policies of the plan encourage the advancement of home ownership (H -3 -13). Plan Goal H -2 suggests the City strive to maintain a variety of housing options for residents of the community while Plan Policy H -1 -13 supports the protection and enhancement of the established character of viable residential neighborhoods. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures (i.e. school, park and traffic fees) are included in approval conditions. (6) The public use and interest will be served by approval of the proposed subdivision. If approved the proposed plat will be developed in accordance with all City standards designed to insure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this Plat. These factors will insure the public use and interest are served. PLAT APPROVAL CONDITIONS 1. At the time lots are developed, all abutting roads and utilities shall be installed to City standards as approved by the City Engineer. This includes, but is not limited to water and sewer lines, streets, street lights and storm water retention. The handicapped accessible pedestrian ramps must be completed with the street and curb improvements prior to final plat approval. All proposed utilities must be installed underground by the developer at the developer's expense. 7 2. The main sewer line serving the proposed plat must be extended north from the man hole located in the intersection of Clemente Lane and Wrigley Drive unless a sewer modeling study determines otherwise. 3. The developer shall install a properly designed irrigation system with stubs to all lots in the subdivision for future irrigation needs. All easements /rights -of -way necessary to convey an irrigation system to and through the proposed plat must be conveyed to the City of Pasco. The irrigation lines shall run in easements /rights -of -way as directed by the City Engineer. 4. Excess right -of -way along Power Line Road, Convention Drive and Sandifur Parkway must be landscaped. Said landscaping shall include irrigation, turf and trees. Trees shall be planted at 50 foot intervals. The species of the trees will be determined by the Parks Department. All landscaping and irrigation plans shall be reviewed and approved by the Parks Department prior to installation. Water usage for City right -of -way landscaping shall come from a source as approved by the City of Pasco with the connection and meter fees paid for by the developer. 5. The developer/ builder shall pay the City a "common area maintenance fee" of $475 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of arterial boulevard strips. The City shall not accept maintenance responsibility for the landscaping abutting said streets until such time as all fees are collected for each phase that abut said streets. 6. The developer/ builder shall pay the "traffic impact fee" established by ordinance at the time of issuance of building permits for homes. Fees collected shall be placed in a fund and used to finance signalization and other improvements necessary to mitigate traffic impacts on the circulation system within the I -182 corridor. 7. The developer shall prepare a traffic impact study consisting of a trip generation distribution delineation and safety/level of service analysis for the following intersections: Convention Dr. & Three Rivers Dr., Sandifur Parkway & Convention Dr., Sandifur Parkway and "H" St. and Sanfiur Parkway and Road 68. 8. The developer/ builder shall mitigate impacts to the Public School System by the "school impact fee" established by Ordinance at the time of issuance of building permits for homes. 9. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 10. All storm water is to be disposed of per City and State codes and requirements. 11. The developer shall insure active and ongoing dust, weed and litter abatement activities occur during the construction of the subdivision and construction of dwellings thereon. s 12. The developer shall prepare a dust, weed and erosion control plan to be approved by the City prior to approval of any construction drawings for the first phase of the subdivision. 13. The developer shall be responsible for the creation of record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form shall be signed by the developer prior to construction plan approval. 14. All engineering designs for infrastructure and final plat(s) drawings shall utilize the published City of Pasco Vertical Control Datum and shall be identified on each such submittal. 15. The final plat(s) shall contain a 10 -foot utility easement parallel to all streets. 16. The final plat(s) shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and /or connection of any electrical service to or within the plat ". 17. Street lighting must be installed to the City of Pasco /Franklin County PUD standards and as directed by the City Engineer. Residential street lights are typically installed every 300 feet, and collector/ arterial type street lights are typically installed every 150 feet. Street light positioning is alternating and is measured along the centerline of the road. 18. Prior to the City of Pasco accepting construction plans for review the developer must enter into a Storm Water Maintenance Agreement with the City. The developer will be responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement must be presented to the City of Pasco at the intake meeting for construction plans. 19. The developer will be required to conform to all conditions set forth in the Storm Water Maintenance Agreement including, but not limited to, regular cleaning and maintenance of all streets, gutters, catch basins and catch basin protection systems. Cleaning shall occur on a regular basis to ensure that no excess buildup of sand, trash, grass clippings, weeds or other debris occurs in any portion of the streets, gutters, or storm water collection facilities. Cleaning and upkeep of the streets, gutters, and storm water collection facilities must be to the satisfaction of the City Engineer. The developer will be responsible for operating and maintaining the storm drain system in accordance with the Storm Water Maintenance Agreement a for a period of up to five years from the date of final plat(s) approval depending on the build out schedule for homes on the lots. 20. The developer will be required to comply with the City of Pasco Civil Plan Review process. 21. The developer shall install a common Estate type masonry wall /fence 6 feet in height adjacent the rear line of all lots backing on Sandifur Parkway, Convention Drive and Power Line Road as a part of the infrastructure improvements associated with each phase abutting said streets. Prior to installation the City must approve said wall /fence. Consideration must be given to the vision triangle at the intersection of streets. The City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep. These fencing requirements shall be noted clearly on the face of the final plat(s). A concrete mow strip shall be installed under any common fence as directed by the City Parks Division and shall be approved by the Parks Department prior to installation. 22. Lots abutting Power Line Road, Convention Drive and Sandifur Parkway shall not have direct access to said streets. Access shall be prohibited by means of deed restrictions or statements on the face of the final plat(s). 23. Construction drawings for the plat will not be approved until the developer, Franklin County PUD and the City Engineering Division have reach an agreement on development within the Power Line Road right -of- way. The agreement must include the following: 1) The location of the finished road surface within the right -of -way; 2) The distance of the south curb line from the Glade to Taylor Flats Transmission line; 3) How and where the distribution line near the section line will be undergrounded; 4) How the intersection of Convention Drive and Power Line Road will be finished; and, 5) Responsibilities for modification and relocation of facilities and pole lines in and adjacent to the Power Line Road right -of- way with the understanding the Glade to Taylor Flats Transmission line cannot be relocated. The Pasco Engineering Division will not sign construction drawings until details on the above issues are full addressed. RECOMMENDATION MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the March 20, 2014 staff report. MOTION: I move based on the Findings of Fact and Conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat of Three Rivers West with conditions as listed in the March 20, 2014 staff report. 10 L -9 Im- 00 oc�: a� o (Ij�Pm-� P-, U y..� �. . I— W I^ ,1 I 1c�`�t'3"3�'a'J 3..��eY"5?1 !cm5'.rvr•. : ». ocq. °l�,d �.3�`9� ??f99iI k4�.,R -�s - a�i:f�'� gilt�8ii�^�a t 1 NRRll1l�►R�i tiRi!yRgi dB Mx a R ;A IV 'r emr a a say .;+st �" %. ,� � v. ti� �� •sue �10 Owl �., �I. �•�. - ,,. �>F'l�v�� T+.ww w .y��� � � >P esp �4s 4 ! �v. �. �. �P rc� iw i1�Iwi11a EIlSS1 ie ��s�w i����5+► �myb�� 6�� 7r�4 ues )0 ;MM as sN m �, �b�'��ti•� �"„� �#� � w a'se ` It R 4@ .mroe 7 5l: (ice i'IF( 7f � %9 MIp pp} E114fi MAR 12:9 R^w ,w !iw � . )t� ta 6 . V. Ra + w MA.wuea.ffsh%. w 4t n a � a s u laa, 7u s s flnw A s b u ixi.ms.isbs@; nni/ Ei w- n - , � Land Use Item: Rezone (RT to R -1) Applicant: Hayden Homes N Map File #: PP2014 -001 Single -F Vacant Comm. ily Residences (County) Vacant Single- Family .esidenc o O H W Zoning Item: Rezone (RT to R -1) Applicant: Hayden Homes N Map File #: PP2014 -001 RS -40 (County) RT Residential Transiti C -1 Retail Business m Low- Density �- a x 3 3 4J U 0 .,,4 r■il O O bA A O W NO OV4 vi O O 1M4 �\ \ \�f �$ ::Y19, i �S: � \\ �� �S: 0 41 •rl O 4) b •rl 0 td w B. Preliminary Plat PLANNING COMMISSION MINUTES 2/27/14 Homes) (MF# PP 2014 -0011 Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the preliminary plat for the northwest corner of Convention Drive and Sandifur Parkway. It was explained the plat was a continuation of the Three Rivers development to the east. The 188 lots in the proposed plat were consistent with the code. Staff provided a review of the findings of fact and approval conditions in the staff report. Commissioner Khan asked about the undeveloped park mentioned in the staff report. Mr. McDonald responded that the developer has already deeded the City the 5 acre parcel mentioned for a park. It hasn't been developed at this time because it will be part of the elementary school at the corner of Road 60 and Sandifur. The park and the school will be developed at the same time. The other parks mentioned in the report have been fully developed. Jason Mattox, 6115 Burden Boulevard, with HDJ Design Group spoke on behalf of the applicant. He confirmed what staff had prepared and added that the R -2 Zone would contain 6,000 square foot minimum lot sizes, which is larger than what that zoning requires. He clarified the condition pertaining to the sewer connection and the options they have been considering. A sewer study has been completed and it was found that there is capacity for this development and sewer would not need to be brought from Clemente Lane. Mr. Mattox also discussed the traffic impact study, stating that they are working with the City using data already collected and supplement it with their own and are in the process of defining the scope. There are currently large transmission lines that run along the north side of the project and are owned by Franklin PUD. The power poles cannot be relocated or moved underground but they are working with the PUD to ensure Powerline Road will be able to make it through and be safe for public travel. Commissioner Khan asked if the applicant had any issues with conditions in the staff report pertaining to sewer. Mr. Mattox responded that the applicant did not have any problems with the conditions. Brad Peck, 200 N. Road 34, discussed that the proposed site borders County property and wasn't aware that the power could not be undergrounded according to the PUD and asked if that was a physical limitation or a cost consideration. He also asked if whether or not there had been coordination with the County. Mr. McDonald answered that the power line used to be the BPA power line and due to size and power capacity it cannot be placed underground, meaning the poles will have to remain intact south of the curb, perhaps south of the sidewalk out of the roadway. The power poles currently located down the section line will have to be moved as that will be the middle of the road. Those power lines serve the homes to the north in the County but the lines will be moved either further into the County or undergrounded. With respect to coordination with the County, this plat was not sent to the County Planner's; however County residents who have property across the street were notified regarding this hearing. No comments were received. They were also notified about the rezone of this property. With no further questions or comments the public hearing closed. Commissioner Khan moved, seconded by Commissioner Anderson, to close the hearing on the proposed preliminary plat and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the March 20, 2014 meeting. The motion passed unanimously. PLANNING COMMISSION MINUTES 3/20/14 A. Preliminary Plat Preliminary Plat for northwest corner of Convention Drive and Sandifur Parkway (Hayden Homes) IMF# PP 2014 -0011 Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the preliminary plat for the northwest corner of Convention Drive and Sandifur Parkway. He stated that there were no additional comments from the previous meeting. Commissioner Kempf asked if the sewer hook -up had to be located on Clemente Lane or for further clarification. Mr. McDonald responded that according to a recent study the developer will be able to connect at Three Rivers Drive and Convention rather than coming up from Clemente Lane. Commissioner Hoekstra inquired about parks and open spaces, specifically the Sunny Meadows Park and future Three Rivers Park. He asked where that future park would be located. Mr. McDonald answered that the park will be located directly to the north of the new school located on the corner of Sandifur Parkway and Road 60. Commissioner Hoekstra asked if there has been any consideration given to the area that is in the RT Zone. Mr. McDonald responded that eventually the RT Zone will be phased out. The RT (Residential Transition) Zone is a holding zone for properties until utilities become available. In the future, following the Comprehensive Plan, those RT properties will be rezoned to either multi - family or commercial. There were no further questions or comments. Commissioner Khan moved, seconded by Commissioner Kempf, to adopt findings of fact and conclusions therefrom as contained in the March 20, 2014 staff report. The motion passed unanimously. Commissioner Khan moved, seconded by Commissioner Kempf, based on the findings of fact and conclusions as adopted, the Planning Commission recommend the City Council approve the preliminary plat of Three Rivers West with conditions as listed in the March 20, 2014 staff report. The motion passed unanimously. AGENDA REPORT FOR: City Counci April 1, 2014 TO: Gary Crutch i 6anager Regular Mtg.: 4/7/14 FROM: Rick White, r Community & conomic Development Director SUBJECT: Resolution approving an Interlocal Agreement for payments in lieu of taxes (PILOT) I. REFERENCE(S): I. Vicinity Map 2. Proposed Resolution and Interlocal Agreement H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 4/7: MOTION: I move to approve Resolution No. , approving the Interlocal Agreement for payments in lieu of taxes by the Housing Authority of the City of Pasco and Franklin County. III. FISCAL IMPACT: The receipt of equivalent property tax revenue for the life of the project. IV. HISTORY AND FACTS BRIEF: A. The Housing Authority of the City of Pasco and Franklin County (Authority) own vacant property southeast of the intersection of 4t" Avenue and Pearl Street and have received funding to construct multi - family dwellings on approximately 2.5 acres of that property. The location is zoned R -3 (Medium Density Residential). B. The multi - family buildings will be a mixture of two bedroom units (24), three bedroom units (12) and four bedroom units (2) for a total of 38 units. The site is attractive to the Authority for development of housing because of its proximity to services, public transportation and the highway system and because the Authority already owns the land. C. Financing of the project is through a mixture of Washington State Housing Trust funds, revenue bonds and City of Pasco Community Development Block Grant funds ($100,000 for street and utility infrastructure awarded in 2013). D. Housing projects developed on property owned by the Authority are exempt from the ad valorem property tax levy, one of the primary sources of local tax revenue essential for the provision of local public services. E. The Authority and City have proposed that a PILOT agreement be considered as a way to provide funding for services that the housing project will require. F. The Authority Board approved the proposed Interlocal Agreement for PILOT payments for this project at the regular Board meeting on Thursday, March 27, 2014. V. DISCUSSION: A. The housing project will be a benefit to the community as long as it includes payments to meet the costs of increases in needed public services. B. The proposed Interlocal Agreement designates the City, Franklin County, the Pasco School District and the Port of Pasco as those taxing entities to be the direct providers of services to residents of the housing project and the recipient of PILOT payments. C. The proposed Interlocal Agreement is also a covenant running with the land and will be binding upon any subsequent owners to whom the Authority may transfer the property. D. Favorable consideration of the proposed Interlocal Agreement is recommended. RESOLUTION NO. A RESOLUTION OF THE CITY OF PASCO APPROVING THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PASCO & THE HOUSING AUTHORITY OF THE CITY OF PASCO & FRANKLIN COUNTY FOR PAYMENT IN LIEU OF TAXES. WHEREAS, the Housing Authority of the City of Pasco & Franklin County (Authority) owns land within the City that it expects to develop as a housing project for purposes of providing low- income housing opportunities; and WHEREAS, housing projects of the type to be developed by the Authority are exempt from ad valorem property tax levy, one of the primary sources of local tax revenue essential for the provision of local public services; and WHEREAS, the housing project will be of substantial benefit to the community so long as the project includes payment in lieu of taxes (PILOT) equivalent to the property taxes the low- income housing project would have made to meet the costs of anticipated increase in needed public services and facilities; and WHEREAS, PILOT will be made in accord with the terms and conditions of the Agreement, which shall be substantially in the form attached and incorporated herein by this reference as Exhibit "A "; and WHEREAS, the City desires to insure PILOT obligations will run with the land and be binding upon any subsequent owners to whom the Authority may transfer the properties referenced herein; and the City Council having determined said Agreement to be in the best interests of the citizens of Pasco; NOW THEREFORE, BE IT RESOVLED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City of Pasco enter into an Interlocal Cooperation Agreement between the City and Authority for PILOT according to the terms and conditions of the Agreement, a copy of which is attached and incorporated herein by this reference as Exhibit "A "; and the Mayor of the City of Pasco is hereby authorized to sign said Interlocal Cooperation Agreement for and on behalf of the City of Pasco. Passed by the City Council of the City of Pasco this day of 2014. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland Kerr, City Attorney EXHIBIT "A" INTERLOCAL COOPERATION AGREEMENT BETWEEN CITY OF PASCO AND THE HOUSING AUTHORITY OF THE CITY OF PASCO & FRANKLIN COUNTY FOR PAYMENT IN LIEU OF TAXES (PILOT) THIS INTERLOCAL AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into this day of 2014 between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City", and the Housing Authority of the City of Pasco & Franklin County, a public body corporate and politic of the State of Washington, hereinafter referred to as "Authority". WHEREAS, the Authority owns land in the City that it expects to develop as a housing project (the "Project ") for purposes of providing housing to low - income families; and WHEREAS, RCW 35.82.210 exempts a housing authority and its property from all State and local taxes; and WHEREAS, as a condition to providing certain approvals for the Project, the City has requested that the Authority pay, or cause the lessee of the Project to pay, amounts to the City in lieu of taxes to defray the cost of providing essential local public services; NOW THEREFORE, in consideration of the mutual covenants contained herein and for other valuable consideration the parties agree as follows: 1. Purpose. The purpose of this Interlocal Agreement is to insure that PILOT payments shall be a continuing obligation and shall run with the land, to be binding upon subsequent owners or successors in interest which may purchase or otherwise receive the properties described herein from the Authority. 2. Property. This Agreement establishes obligations and covenants of PILOT payments as running with the property (the "Property") more legally described as: THAT PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER IN SECTION 20, TOWNSHIP 9 NORTH, RANGE 30, E.W.M., LYING EAST OF STATE HIGHWAY NO. 11 (4r" AVENUE), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ON THE SOUTH LINE OF SAID SECTION 20 AT A POINT 530 FEET EAST OF THE SOUTHWEST CORNER THEREOF AND ON THE EAST RIGHT -OF -WAY LINE OF STATE HIGHWAY NO. 11; THENCE NORTH 00 °18'17" WEST ALONG SAID EAST LINE A DISTANCE OF 659.47 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE NORTH 00 °20'28" WEST ALONG SAID EAST RIGHT -OF- WAY LINE A DISTANCE OF 4.93 TO THE SOUTHERLY MARGIN OF WEST AGATE STREET AS CONVEYED TO THE CITY OF PASCO BY QUIT CLAIM DEED RECORDED PILOT INTERLOCAL COOPERATION AGREEMENT - 2 UNDER AUDITOR'S FEE No. 323673; THENCE NORTH 00 °19'43" WEST A DISTANCE OF 50.84 FEET TO THE NORTHERLY MARGIN OF SAID WEST AGATE STREET AT THE EAST RIGHT -OF -WAY LINE OF SAID HIGHWAY; THENCE NORTH 00 °19'01" WEST ALONG SAID EAST LINE A DISTANCE OF 217.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 °19'01" WEST ALONG SAID EAST LINE A DISTANCE OF 336.14 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 10.00 FEET; THENCE LEAVING SAID EAST LINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 012'29" A DISTANCE OF 15.74 FEET TO THE SOUTHERLY MARGIN OF WEST PEARL STREET AS CONVEYED TO THE CITY OF PASCO BY DEDICATION DEED RECORDED UNDER AUDITOR'S FEE No. 1757531; THENCE NORTH 89 °53'28" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 344.96 FEET TO THE EAST MARGIN OF SAID CONVEYANCE; THENCE NORTH 00 °18'28" WEST A DISTANCE OF 40.00 TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE NORTH 89 °23'57" EAST ALONG SAID NORTH LINE A DISTANCE OF 200.65 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00 °02'51" EAST A DISTANCE OF 81.64 FEET; THENCE SOUTH 10 °40'47" WEST A DISTANCE OF 148.88 FEET; THENCE SOUTH 01 °21'14" WEST A DISTANCE OF 55.35 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING • RADIUS OF 97.00 FEET FROM WHICH THE CHORD BEARS NORTH 85 021'03" WEST • DISTANCE OF 16.52 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9 °46'11" A DISTANCE OF 16.54 FEET; THENCE SOUTH 89 045'53" WEST A DISTANCE OF 48.87 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 194.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 006'38" A DISTANCE OF 3.76 FEET; THENCE NORTH 89 °07'33" WEST A DISTANCE OF 30.87 FEET; THENCE SOUTH 89 °06' 29" WEST A DISTANCE OF 77.17 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 102.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33 048'57" A DISTANCE OF 60.20 FEET; THENCE SOUTH 55 °17'29" WEST A DISTANCE OF 115.68 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 111.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34 026'22" A DISTANCE OF 66.72 FEET; THENCE SOUTH 89 043'53" WEST A DISTANCE OF 133.29 FEET TO THE TRUE POINT OF BEGINNING. 3. Payments. The Authority agrees to make, or cause to be made, annually by each October 31, commencing October 31, 2015, a payment in lieu of taxes (a "PILOT ") with respect to the Property, directly to the City, in the amount of $9,243.76, calculated as follows: City of Pasco - $1,732.72 Pasco School District #1 - $6,059.49 Port of Pasco - $286.40 Franklin County - $1,165.15 PILOT INTERLOCAL COOPERATION AGREEMENT - 3 provided, the PILOT amount to be paid in 2015 shall be prorated based on a ratio, the numerator of which is the number of days remaining in the year from the date the certificate of occupancy for the Project is issued by the City and the denominator of which is 365. 4. Adjustments. The amount of the annual PILOT required by Section 3 shall be re- determined every year from the date of this Agreement, based on relative increases or decreases in the value of the Project as determined by the Franklin County Assessor multiplied by the sum of the property tax levy rate of the City, the Port of Pasco, Franklin County current expense and the Pasco School District #I for the applicable calendar year. 5. Covenant Running With the Land. By this Agreement, the obligation to make PILOT payments shall constitute a covenant that will run with the land, and shall be binding upon assigns, successors in interest, or other interest holders in the above described properties so long as the same is public property as described herein and is transferred to a tax- exempt entity (other than the United States government), which by the laws of the State of Washington is not required to pay ad valorem tax on the property. 6. Enforcement. The City retains all other rights and remedies, in law or equity, which may be necessary, or in any event, available in seeking collection of unpaid and past due PILOT payments. The Authority expressly waives any of the City's obligations to post any bond which may otherwise be required by law to enforce the terms of this Agreement. 7. Interlocal Cooperation Act Provisions. No special budget or funds are anticipated nor shall be created by this Agreement. This Agreement does not require the sharing of special materials or equipment. It is not the intention of the parties to create a separate legal entity to conduct the cooperative undertakings, nor is the acquisition, holding, or disposing of any real or personal property other than the real property previously acquired by the Authority, and specifically described herein, anticipated under the terms of this Agreement. This Agreement shall be filed with the Franklin County Auditor and listed by the subject on either Parties' website or other electronically retrievable public source. 8. Execution. This Agreement shall become effective when it has been approved by Resolution of the City Council of the City and the Board of Commissioners of the Authority. 9. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Any modification to this Agreement shall be in writing and signed by both parties. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of said provision. In the event any provision of this Agreement is determined to be illegal, void, or otherwise unenforceable by a Court of competent jurisdiction, by legislation, or by arbitration award, the other provisions shall remain in full force and effect. 10. Notices. All notices and demands shall be in writing and sent to the parties hereto at their address as follows: City of Pasco Housing Authority City Manager Executive Director PO Box 293 2505 W. Lewis St. Pasco, Washington 99301 Pasco, Washington 99301 PILOT INTERLOCAL COOPERATION AGREEMENT - 4 11. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the City Manager and one designee from the Authority, or any successor, shall first meet in a good faith attempt to resolve the dispute. In the event the dispute is not resolved, it shall be resolved by binding arbitration pursuant to RC W 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs as an additional judgment. DATED this day of 2014. CITY OF PASCO Matt Watkins, Mayor ATTEST: HOUSING AUTHORITY OF THE CITY OF PASCO & FRANKLIN COUNTY F.J. Anderson, Executive Director APPROVED AS TO FORM: Debbie Clark, City Clerk Leland Kerr, City Attorney STATE OF WASHINGTON ) :SS County of Franklin On this day personally appeared before me, of the City of Pasco, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that the signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this day of STATE OF WASHINGTON ) SS County of Franklin 2014. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: On this day personally appeared before me, , of the Housing Authority of the City of Pasco & Franklin County, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that the signed the same as the free and voluntary act and deed of such entity for the uses and purposes therein mentioned. Given under my hand and official seal this day of 2014. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: PILOT INTERLOCAL COOPERATION AGREEMENT - 5 AGENDA REPORT FOR: City Counc' April 1, 2014 TO: Gary Crutch I Manager Regular Mtg.: 4/7/14 FROM: Rick White, Community & Economic Development Director SUBJECT: Resolution approving the issuance of revenue bonds by the Housing Authority I. REFERENCE(S): Vicinity Map Report of testimony from 2/3/14 public hearing Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 4/7: MOTION: I move to approve Resolution No. , approving the issuance of bonds by the Housing Authority of the City of Pasco and Franklin County to finance low - income housing at the 4th and Pearl property. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. The Housing Authority of the City of Pasco and Franklin County (Authority) own vacant property southeast of the intersection of 4°i Avenue and Pearl Street and have received funding to construct multi - family dwellings on approximately 2.5 acres of that property. The location is zoned R -3 (Medium Density Residential). B. The multi - family buildings will be a mixture of two bedroom units (24), three bedroom units (12) and four bedroom units (2) for a total of 38 units. The site is attractive to the Authority for development of housing because of its proximity to services, public transportation and the highway system and because the Authority already owns the land. C. Financing of the project is through a mixture of Washington State Housing Trust funds, revenue bonds and City of Pasco Community Development Block Grant funds ($100,000 for street and utility infrastructure awarded in 2013). D. Washington State Law (RCW 35.82.130) authorizes housing authorities to issue bonds for the acquisition and construction of land, buildings and developments for housing for persons of low income. E. The Internal Revenue Code requires that the issuance of revenue bonds by the Authority be approved by City Council. The Authority also advised the City that a public hearing was held pursuant to the requirements of the Internal Revenue Code with respect to issuance of the revenue bonds on February 3, 2014, following appropriate public notice. A report (Reference #2) of the public testimony occurring at that public hearing has been provided to the City. F. In a related matter, the Housing Authority Board approved the proposed hiterlocal Agreement for payments in lieu of taxes (PILOT) for this project at the regular Board meeting of Thursday, March 27, 2014. V. DISCUSSION: A. The Authority advised the City that it intends to issue its revenue bonds in the principal amount of approximately $5,250,000 in connection with the financing of a project. B. The proposed resolution will satisfy requirements of the Internal Revenue Code and allow the Authority to proceed with groundbreaking to meet the requirements associated with receipt of the Housing Trust funds. Council approval of the resolution does not obligate the City to assume payment of the bonds in the event of default. C. The proposed resolution has been revised since the 3/31/14 Council Workshop to add language that further strengthens the City's indemnification in approving the issuance of bonds by the Authority. b y. •ff^� w It tjo 4-j • � No ��, n ®P X .. e PEN 00 m • ICI �1 for LU , i �r t �y�si�yi'[�`• gy } 3IAV Hltr r e e I. MINUTES OF PUBLIC HEARING The Housing Authority of the City of Pasco &Franklin County (the "Authority ") conducted a public hearing on Monday, February 3, 2014, at 2:00 p.m., at the offices of the Authority located at 2505 W. Lewis St., Pasco, Washington 99301 -4569. The purpose of the hearing was to consider public testimony on the proposed issuance by Authority, pursuant to chapter 35.82 RCW and a plan of financing with respect to the project described below (the "Project'), of certain obligations the interest on which will be excluded from gross income for federal income tax purposes pursuant to Sections 103 and 142 of the Internal Revenue Code of 1986, as amended (the "Code "). Project Description: Acquisition and construction of six residential buildings with 38 townhouse style apartment units and one community building, to provide housing for low- income persons Maximum Amount of Obligations: $5,250,000 Project Operator: Fourth and Pearl Family Housing LLLP, a Washington limited liability limited partnership of which the Authority is the sole general partner Project Location: The southeast corner of the intersection of Fourth Avenue and Pearl Street in Pasco, Washington. The hearing was called to order by F.J. Anderson, PHM, Executive Director of the Authority, at 2:00 p.m. No one from the public appeared to present testimony. No written comments were received prior to or at the hearing. The hearing was adjourned at 2:15 pm. F.J. An on, PHM Executi a irector F1EXECDTIVE%WMTA CREDIT PROIECT(S)W PFC 4TH PRA TEFRA MIHVI'ES.DOCX RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, APPROVING THE ISSUANCE OF REVENUE BONDS BY THE HOUSING AUTHORITY OF THE CITY OF PASCO AND FRANKLIN COUNTY IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $5,250,000 TO FINANCE LOW - INCOME HOUSING IN THE CITY OF PASCO, WASHINGTON. WHEREAS, RCW 35.82.130 authorizes housing authorities to issue bonds and RCW 35.82.070(18) authorizes housing authorities to make loans for the acquisition and construction of land, buildings and developments for housing for persons of low income; and WHEREAS, the Housing Authority of the City of Pasco and Franklin County (the "Authority") advised the City of Pasco, Washington (the "City"), that the Authority intends to issue its revenue bonds (the "Bonds ") in the principal amount of not to exceed $5,250,000 in connection with the financing of a multifamily housing project located at the southeast corner of the intersection of Fourth Avenue and Pearl Street in Pasco, Washington (the "Project'), by Fourth and Pearl Family Housing LLLP (the "Partnership "), to provide housing for low- income persons within the City; and WHEREAS, the Authority also advised the City that a public hearing was held pursuant to the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), with respect to the Bond on February 3, 2014, in Pasco, Washington, following timely notice being published in a newspaper of general circulation throughout the City; and WHEREAS, the Authority has provided the City with a written summary of the public testimony of the February 3, 2014, hearing; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF PASCO: That the City Council approves the issuance by the Authority of the Bonds in the principal amount of not to exceed $5,250,000, the proceeds of which will be used to make a loan to the Partnership to finance housing for low income persons; and That this approval is intended to comply with the requirements of Section 147(f) of the Code in order to permit the issuance of the Bonds; and That this approval, however, is not intended to imply that the Bonds are issued on behalf of the City or that the City is under any duty or has any responsibility to repay the Bonds; and That the City neither underwrites the Bonds nor certifies that the Project will meet the requirements to qualify as a "qualified residential rental project' within the meaning of Section 142(d) of the Code; and That the City makes no representations about the treatment of interest on the Bonds for state, local or federal tax purposes, or about the commercial feasibility and viability of the Project and the City, its officers, employees, agents and representatives will not bear liability to any investor, resident, lender, or any other person or entity for any claim rising out of the Bonds and neither the Authority nor the Partnership are agents of the City, and neither has authority to act on behalf of, or bind the City or its members, officers, employees, agents, or representatives. Passed by the City Council of the City of Pasco this _ day of Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland Kerr, City Attorney 2014. AGENDA REPORT NO. 10 FOR: City Coun TO: Gary Crutch i Manager Ahmad Qayo u lic Works Director FROM: Michael A. Pawlak, City Engineer SUBJECT: Bid Award: 2014 Crack Seal Project #M3- OV- 3R -14 -02 I. REFERENCE(S): April 1, 2014 Regular Mtg.: 4/7/14 1. Vicinity Map 2. Bid Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 04/07: MOTION: I move to award the low bid for the 2014 Crack Seal Project to Pavement Surface Control in the amount of $122,997.00, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Overlay Fund IV. HISTORY AND FACTS BRIEF: A) The project involves cleaning, preparing and sealing cracks in asphalt pavement in various areas. B) An invitation to bid the project was forwarded to applicable contractors listed on the City's Small Works Roster. Bid documents were requested by and sent to three (3) companies. A bid opening was held on March 20, 2014. V. DISCUSSION: A) On March 20, 2014, the City received three (3) bids for the project. The low bid was received from Pavement Surface Control in the amount of $122,997.00. The second low bid was received from BCV, hie. in the amount of $156,000.00. The Engineer's Estimate is $111,900.00. The bid is within the available project budget. B) Staff has reviewed all of the bid submittals and found no exceptions or significant irregularities. C) Staff recommends award of the contract to Pavement Surface Control in the amount of 122,997.00. 10(a) City of Pasco 2014 Crack Seal Project #M3- OV- 3R -13 -02 March 20, 2014 BID SUMMARY Engineers Estimate $111,900.00 Pavement Surface Control $122,997.00 BCV, Inc. $156,000.00 Stripe Rite $200,525.00 AGENDA REPORT NO.9 FOR: City Council April 1, 2014 TO: Gary Crutchfie i i anager Ahmad Qayoum', lic Works Director FROM: Michael A. Pawl, City Engineer Regular Mtg.: 4/7/14 SUBJECT: Bid Award: Lewis Street Demolition Project #C5- ST- 3A -13 -01 / Federal Aid No. STPUS -HLP- 3530(006) I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary 3. WSDOT Award Authorization Letter II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 04/07: MOTION: I move to award the low bid for the Lewis Street Demolition Project to Ray Poland & Sons, Inc. in the amount of $445,017.82, and further, authorize the Mayor to sign the contract documents. 111. FISCAL IMPACT: Surface Transportation Program (STP) - $500,000 Arterial Street Fund - $78,035 IV. HISTORY AND FACTS BRIEF: A) The project involves demolition of several structures, including hazardous materials abatement, backfill and other associated work, in preparation for the future Lewis Street Overpass. B) The project was advertised on February 9 and February 16, 2014, with a bid opening held on March 18, 2014. V. DISCUSSION: A) On March 18, 2014, the City received six (6) bids for the project. The low bid was received from Groat Brothers, Inc. in the amount of $360,677.98. The second low bid was received from Ray Poland & Sons, Inc. in the amount of $445,017.82. The Engineer's Estimate is $589,263.60. The bid is within the available project budget. B) Staff has reviewed all of the bid submittals and found that WSDOT prequalification for Groat Brothers, Inc. is limited to projects not over $300,000. Because their bid exceeded the maximum limit their bid was declared non- responsive and rejected, making Ray Poland & Sons, Inc. the qualified low bidder. C) Staff recommends award of the contract to Ray Poland & Sons, Inc., in the amount of $445,017.82. 10(b) VICINITY MAP neunv n:m SCALE: NONE scut rro scv[ City of Pasco Lewis Street Demolition Project #C5- ST- 3A -13 -01 March 18, 2014 BID SUMMARY Engineers Estimate $589,263.60 Groat Brothers, Inc. $360,677.98 ** Ray Poland & Sons, Inc. $4459017.82 Harry Johnson Plumbing & Excavating $534,553.96 Big D's Construction $573,353.70 Wm. Dickson Co. $665,067.97 Russell Crane Service $809,178.60 "Non-responsive r-I ala Washington State South Central Region �f Department of Transportation Union Gap WA 98903 -1648 Lynn Peterson 509 -577 -16001 FAX: 509 -577 -1603 Secretary of Transportation TTY-. 1 -800- 833 -6388 March 31, 2014 Mr. Michael Pawlak, PE City Engineer City of Pasco PO Box 293 Pasco, WA 99301 Re: STPUS -HLP- 3530(006) Lewis Street Demolition Dear Mr. Pawlak: I received the bid tabs, and DBE Utilization Certification for the above referenced City project. SCR Local Programs Office has received confirmation from Headquarters that with regards to DBE Utilization, the project may proceed to award. If you have any questions please give me a call at 509 -577 -1781. Sincerely, Brian Hunter Asst. Local Programs Engineer