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HomeMy WebLinkAbout2014.08.11Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. August 11, 2014 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR (a) Chapel Hill Park and Street Deeds (NIF #DEED2014 -006): 1. Agenda Report from Dave McDonald, City Planner dated July 30, 2014. 2. Chapel Hill Park & Street Deeds — Overview Map. 3. Chapel Hill Park & Street Deeds — Vicinity Map. 4. Chapel Hill Park & Street Deeds — Park Quit Claim Deed. 5. Chapel Hill Park & Street Deeds — Street Dedication Deed. (b) Rogers Annexation (MF #ANX2014 -002): 1. Agenda Report from Dave McDonald, City Planner dated August 8, 2014. 2. Rogers Annexation — Overview Map. 3. Rogers Annexation — Vicinity Map. 4. Rogers Annexation — Proposed Resolution. 5. Rogers Annexation — Notice of Intent to Commence Annexation. 5. OTHER ITEMS FOR DISCUSSION: (a) Cancelation of August 18 Business Meeting. (b) (C) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT 1. 11:45 a.m., Monday, August 11, Pasco Red Lion — Pasco Chamber of Commerce Membership Luncheon. ( "City of Pasco Update" presented by Mayor Matt Watkins) 2. 3:00 p.m., Tuesday, August 12, 3416 Stearman Avenue — Franklin County Solid Waste Advisory Committee Meeting. (COUNCILMEMBERS MIKE GARRISON & TOM LARSEN, Reps.; MAYOR MATT WATKINS & COUNCILMEMBER SAUL MARTINEZ, Alts.) 3. 7:00 a.m., Thursday, August 14 — BFCG Tri-Mats Policy Advisory Committee Meeting. ( COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 4. 7:00 p.m., Thursday, August 14 - Ben - Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; MIKE GARRISON, Alt.) 5. 11:30 a.m., Friday, August 15 — Benton - Franklin Council of Governments Board Meeting. ( COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) 6. 6:00 p.m., Monday, August 18, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 7. 5:00 p.m., Tuesday, August 19, TRAC — TRAC Advisory Board Meeting. (COUNCILMEMBERS REBECCA FRANCIK and AL YENNEY) 8. 5:30 p.m., Wednesday, August 20 — Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting. ( COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) AGENDA REPORT FOR: City Council July 30, 2014 TO: Stan Strebel, Acting City Manay4 Workshop Mtg.: 8/11/14 Rick White, Regular Mtg.: 9/2/14 Community & Economic Development Director FROM: David I. McDonald, City Planner t SUBJECT: CHAPEL HILL PARK AND STREET DEEDS (MF # DEED 2014 -006) I. REFERENCE(S): 1. Chapel Hill Park & Street Deeds - Overview Map 2. Chapel Hill Park & Street Deeds - Vicinity Map 3. Chapel Hill Park & Street Deeds - Park Quit Claim Deed 4. Chapel Hill Park & Street Deeds — Street Dedication Deed II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 8/11: DISCUSSION: 9/2: MOTION # 1: I move to accept the quit claim deed from American Home Centers Tri- Cities LLC for the Chapel Hill Park site. MOTION # 2: I move to accept the dedication deed from Envision Homes for a portion of Chapel Hill Boulevard. III. FISCAL IMPACT $15,813.60 in Park Impact Fees from District # 3 IV. HISTORY AND FACTS BRIEF: A. In late 2003 the City Council approved a preliminary plat of the Chapel Hill development. The plat included a park site at the northeast corner of Chapel Hill Boulevard and Saratoga Lane. Prior to completion of the subdivision the original developer (MT -1 LLC) filed for bankruptcy and lost the property. Liberty Bankers Life Insurance Company repossessed the property and filed a new preliminary plat application in 2009 for the remaining undeveloped and unsold portions of the subdivision. B. As a condition of preliminary plat approval for Chapel Hill Division II, Liberty Bankers Life was required to dedicate the original 5 acre park site to the City when 60 permits had been issued for new homes. However, Liberty Bankers Life promptly sold the park site and Chapel Hill Division II to All American Homes Tri- Cities, LLC. The City then entered into a park dedication agreement with All American Homes to ensure that the five acre park site would be deeded to the City at the appropriate rime. C. All American Homes failed to follow through with obligations to Liberty Bankers Life. Liberty Bankers Life foreclosed on all of the property sold to All American Homes except the park site. The lots were then resold to various builders but, mostly to Hayden Homes. 4(a) D. Hayden Homes shouldered the responsibility of improving Chapel Hill Boulevard in front of the park site which included the installation of curbing, sidewalks, street paving, street lighting and other street improvements. The park site was also rough graded and hydro seeded to control dust. E. The point has been reached in the development process where the park site must be deeded to the City. All American Homes Tri- Cities, LLC, as the title holder of the park site has signed a deed deeding the park site,.to the City. Unfortunately All American Homes stopped paying taxes on the park site and as a result there are $15,813.60 in back taxes owing on the property. When the deed to the City is recorded all taxes, penalties and interest will cease to accrue. However, the $15,813.60 will need to eventually be paid. The park impact fees collected from development in the neighborhood could be used to pay the back taxes as part of the acquisition process for the park. The City in essence would be purchasing a five acre park site with a fully developed street for about $16,000 or just over seven cents a square foot. F. The final complication in this matter is the fact that the street improved by Hayden Homes in front of the park site is not owned by Hayden Homes, All American Homes or Liberty Bankers Life. The land occupied by the street improvements is owned by Envision Homes. Envision Homes has been cooperating with Hayden Homes and the City on this matter and has provided the City with a dedication deed for the necessary right -of -way fronting the park site. G. Staff is recommending the Council accept both the quit claim deed for the park land and the dedication deed for the street right -of -way. � no • r1 o O � U � N �F l AFTER RECORDING MAIL TO: Hayden Homes LLC Attn; Amy Sandavol 2464 SW Glacier Place, Suite 110 Redmond, OR 97756 liocument 1 me: Quit Claim Deed Reference Number: Auditor Fee # Grantor: American Home Centers Tri- Cities LLC Grantee: City of Pasco Legal Description: See Exhibit A Assessor's Tax Parcel No: 117470139 QUIT CLAIM DEED THE GRANTOR (S) American Home Centers Tri- Cities LLC, a Washington Limited Liability Company, by donation pursuant to RCW 35A.79.010, dedicates, conveys and quit claims to the City of Pasco, Municipal Corporation of the State of Washington, the described real estate attached hereto under Exhibit A, situate in the County of Franklin, State of Washington, together with all after acquired title of the Grantor herein. See Attached Exhibit "A" Dated this day of 2014. 'Tames geber, President STATE OF WASHINGTON ) ) SS. County of j�lraV) '! (1 r) ) On this date personally appeared before me JAMES WEBER, to me known to be President of AMERICAN HOME CENTERS TRI- CITIES LLC that executed the foregoing instrument, and acknowledge the instrument to be the free and voluntary act of said Corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Given under my hand and official seal this day of 2014. Notary Public in and fo the' St of Washington, residing at ' My aPPOintibent expires: EXHIBIT A '°UBLic PTN SE 15 -9 -29 OAF: A parcel of land in a portion of the Southeast quarter of Section 15, Township 9 North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows: Beginning at a Bureau of Reclamation Brass Cap marking the Northwest corner of the Southwest quarter of said Section 15, as shown in "CHAPEL HILL PHASE ONE" according to the Plat thereof, recorded in Volume D of Plats, page 286, Records of Franklin County, WA; Thence South 00 026124" West along the West line of the Southwest quarter of said Section 15 for a distance of 749.22 feet to the Northerly right -of -way line of Chapel Hill Boulevard, said point being 40.00 feet Northerly of the centerline of said Chapel Hill Boulevard when measured at right angles; Thence leaving the West line of the Southwest quarter of said Section 15 and following the Northerly right -of -way line of said Chapel Hill Boulevard the following courses; Thence South 89 035'33" East, 1284.93 feet; Thence South 85 043'29" East, 148.24 feet; Thence South 8995'33' East, 301.99 feet; Thence Southeasterly along the arc of a 730.00 -foot radius tangent curve to the right (the radius of which bears South 00 024'27" West) through a central angle of 22 038'08" for an arc distance of 288.40 feet; Thence South 66 057'25' East, 950.69 feet to the TRUE POINT OF BEGINNING; Thence leaving the Northerly right -of -way line of said Chapel Hill Boulevard, North 23 002'35" East, 270.00 feet to the Southerly right -of -way line of State Route 182; Thence along the Southerly right -of -way line of State Route 182, South 66 057'25" East, 806.00 feet; Thence leaving the Southerly right -of -way line of State Route 182, South 23 002'35" West, 270.00 feet; Thence North 66 097'25" West, 806.00 feet to the True POINT OF BEGINNING After Recording, Return To: City of Pasco, Washington Attn: City Planner 525 North 3'a Pasco, WA 99301 DEDICATION DEED Tax Parcel No. 117470153 THE GRANTOR, ENVISION HOMES LL C, a Washington State Limited Liability Company, by donation pursuant to RCW 3SA.79.010, dedicates, conveys and quit claims to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right -of -way and all interest in the land described as follows: A strip of land 60.00' wide, being located in the Northwest quarter of the Southeast quarter and the Southwest quarter of the Southeast quarter of Section 15 of Township 9 North in Range 29 East, W.M., Franklin County, Washington, described more particularly as follows: Commencing at the intersection of Belmont Drive with Saratoga Lane centerlines, as shown on the Plat of Chapel Hill Phase 4, recorded in Volume D of Plats at Page 390, Records of the Franklin County Auditor; Thence N 25 °02'35" E along the centerline of Saratoga Lane, a distance of 260.00' to the intersection of Saratoga Lane centerline with Chapel Hill Boulevard centerline; Thence N 68 °02'04" E a distance of 42.43' to the True Point of Beginning for this Legal Description; Thence S 66 °57'25" E a distance of 706.48; Thence S 23 °02'35" W a distance of 60.00; Thence N 66 °57'25" W a distance of 666.47; Thence along the arc of a curve concave to the South, having a radius of 40.001, an arc length of 62.83',and being subtended by a chord that bears S 68 °02'35" W a distance of 56.57'; Thence N 23 °02'35" E a distance of 100.01' to the True Point of Beginning. (See Exhibit No 1) DATED this day of /�� �{,/ '2014, Dedication Deed - I GRANT STATE OF WASHINGTON ss. County of K i n9 ) On this ]Ab– day of Tu I l,{ 2014, before me, the undersigned dul commissioned sw —om,, personally appeared YC V to me known to be the individual(s) described above and h executed the within and foregoing instrument as an agent of the owner(s) of record, and acknowledged to me tha &sheAhoy signed the same as ri k /their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that +eMmy is 4w& authorized to execute the said instrument. GIVEN under by hand and official seal this l ±h day of 7U 2014. Print Name: _15rianA NOTARY PUBLIC in and for the State Residing at: $U r Gn My Commission Expires: 1L_ 29 --F7 BRIANA L. PERETTI NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES NOVEMBER 29, 2017 Dedication Deed - 2 o \ / 7661 Exhibit 1 4' /l / b735fC 441, U/I ' �+ N /: 76000 § N Zj. / / mJ4x00 SAP v u vi wit ll m / Jam. • / p �m N(rO I /�� WN r�m .b0 m O ci ci r°r f O i I �i0 ``` C6 I I m / b All l I J400 / ca m b0 an / s / C �� / DO i/ F I F F / rN Ja"00 NOy I [ .bb I V AbA C m //'••. V I Iv N I 06 A Z8 .,` O m t[V NS ioo ?. ; m Q ^D�vb I I is O O I Ay Z �Dn I y 0 oy I 40x00 A N I o I a �'9 N I •6 j l I� Mf CENTER N S I // 770 J•0? �0 C/g fRn' � 0p' W Nkfa., s^ �o y v y�0 y W / � 9N N y nC / 7'/ / 5 North Colville Street CLIENT: HAYDEN HOMES PROJECT NO.: 3429 -00 _ Wells , Wella� WA 99362 509/956-302Walla, SURVEYOR: PWP TOM INS DATE: 4 -9 -2014 CALC BY: PWPT DRAWN BY: PWPT SCALE: 1 "= 100' 3051595.3499 509/547 -5129 fax SECTION: 15 TOWNSHIP: 9N RANGE: 29E engineers landscape architects, planners surveyors InternetW .h4deslgngrnop.com CITY: PASCO COUNTY: FRANKLIN SHEET 1 OF 7 AGENDA REPORT FOR: City Council August 8, 2014 Workshop Mtg.: 8/11/14 TO: Stan Strebel, Acting City Mana Rick White, Community & Economic Development Director FROM: David I. McDonald, City Plann� SUBJECT: Rogers Annexation (MF# ANX2014 -002) I. REFERENCE(S): 1. Rogers Annexation - Overview Map 2. Rogers Annexation - Vicinity Map 3. Rogers Annexation - Proposed Resolution 4. Rogers Annexation - Notice of Intent to Commence Annexation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 8/11/14: DISCUSSION 9/2/14: MOTION: I move to approve Resolution No. , accepting a Notice of Intent to commence annexation proceedings for the Rogers Annexation Area and providing a determination on the boundary, zoning and indebtedness related thereto. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. Richard and Carel Rogers, owners of property in the 7100 block of West Argent Road, have filed a Notice of Intent to commence the process of annexing to the City. B. The Notice of Intent has been reviewed by staff, and has been determined to contain sufficient signatures to initiate the annexation process. Notices of Intent are required to contain the signatures of property owners representing at least 10 percent of the assessed value of an area proposed for annexation. In this case, the Rogers signatures represent 100 percent of the ownership. IV. DISCUSSION: A. The petition method of annexation requires the Council to hold a public meeting upon receipt of a notice of intent to begin the annexation to determine: 1) Whether the city will accept or require modification of the proposed annexation area; 2) Whether the city will require simultaneous adoption of zoning; and, 3) Whether the city will require the property to assume all or a portion of existing city indebtedness. The proposed resolution has been prepared following past practices of accepting the proposed annexation area without requiring simultaneous zoning or the assumption of bonded indebtedness. Zoning will be established following property owner notification and a public hearing held (by the Planning Commission) separately from a Council hearing on the future annexation. 4(b) -Cz}- mw '"x" ����. ■ .11M y °' 4 d.. q1r� '3 • i F � d r� Ilk TT Is IF e l 1 • t :® ,CIF S JCffi ro I4 � ' 6•� :. h ' I �3 i. s� r W 0 � v� p �e_ Ct �• 1 �' � u`4 }Q M N I �.II r_ , 11 1fctl non uw 1� � r'�1 j I� { ��tii t �h.�. � Ja �Y.'4`l'w �� ✓•_ '� 'S3� -. 9 I •� � / ! 1y4'"''"�i r( z � t �s' s ��b''r+,re >rnN.: m `r�"^f�l,� y..' 7A"�'.; +�?i F i5 � J > f �'t_ � � (��'Sf a ,y Y:•�.� - 1�.'�Wa- �^!W+ I yy z ,a. Y _ b RESOLUTION NO. A RESOLUTION ACCEPTING A NOTICE OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS, PROVIDING A DETERMINATION ON THE TERRITORY TO BE ANNEXED AND WHETHER SIMULTANEOUS ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED. WHEREAS, the owners of property generally in the 7100 block of West Argent Road have filed a Notice of Intent to annex to the City of Pasco; and WHEREAS, the City Council of the City of Pasco has reviewed the Notice of Intent and has determined annexation of the territory would support the provision of municipal services within the Pasco Urban Growth Area and is in the best interest of the Pasco community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS FOLLOWS: A) That the City will accept the proposed territory to be annexed as described in Exhibit "A" and depicted in Exhibit `B" attached hereto. B) That the territory to be annexed will not require simultaneous adoption of zoning regulations. Zoning will be determined through a public hearing process with input from affected property owners. C) That the annexation area will not be required to assume any portion of existing City bonded indebtedness. PASSED by the City Council of the City of Pasco this 2nd day of September, 2014. Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney fL 0� 'c NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 Council Members: The undersigned, who are the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners of the following area to commence annexation proceedings. The property herein referred to is described on Exhibit "1" attached hereto and is depicted on Exhibit "2" further attached hereto. It is requested that the City Council of the City of Pasco set a date not later than sixty days after the filing of this request for a meeting with the undersigned to determine: (1) Whether the City Council will accept the proposed annexation; and, (2) Whether the City Council will require the assumption of existing City indebtedness by the area to be annexed; and, (3) Whether the City Council will require simultaneous zoning. 1 1. Please print your name in addition to signing. NAME ADDRESS DATE EXHIBIT "1" Annexation Legal Beginning at the northeast corner of Lot 2, Short Plat 2004 -11, said corner being the True Point of Beginning; Thence southerly along the east line of said Lot 2 and the east line Lot 1, Short Plat 2004 -11 to the intersection with the north right -of -way line of West Argent Road; Thence southerly along the southerly projection of the east line of said Lot 1 to the intersection with the south right -of -way line of West Argent Road; Thence westerly along the south right -of -way line of West Argent Road to the intersection with the centerline of Road 72; Thence northerly along the northerly projection of the centerline of Road 72 to the intersection with the north right -of -way line of West Argent Road, said intersection also being on the west line of the southeast quarter of the southeast quarter of Section 16, Township 9 North, Range 29 East, W.M.; Thence northerly along said west line to the intersection with the north line of the FCID Canal; Thence easterly along the north line of the FCID Canal to the intersection with the northerly projection of the east line of Lot 2, Short Plat 2001 -11; Thence southerly along said northerly projection of the east line of said Lot 2 to the Point of Beginning. EXHIBIT # 2 Rogers Annexation N w Z City Limits J cyw w a VALLEY VIEW PL i FCID R/W 0 -- rn CP ,`�0 J - -- Cr - -- - - -- -- — c i , W. ARGENT RD N O I Q-- - Q -- O_. -.- - -- - - Of - - - -- -1 -- - City Limits RESOLUTION NO. A RESOLUTION ACCEPTING A NOTICE OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS, PROVIDING A DETERMINATION ON THE TERRITORY TO BE ANNEXED AND WHETHER SIMULTANEOUS ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED. WHEREAS, the owners of property generally in the 7100 block of West Argent Road have filed a Notice of Intent to annex to the City of Pasco; and WHEREAS, the City Council of the City of Pasco has reviewed the Notice of Intent and has determined annexation of the territory would support the provision of municipal services within the Pasco Urban Growth Area and is in the best interest of the Pasco community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS FOLLOWS: A) That the City will accept the proposed territory to be annexed as described in Exhibit "1" and depicted in Exhibit "2" attached hereto. B) That the territory to be annexed will not require simultaneous adoption of zoning regulations. Zoning will be determined through a public hearing process with input from affected property owners. C) That the annexation area will not be required to assume any portion of existing City bonded indebtedness. PASSED by the City Council of the City of Pasco this 2nd day of September, 2014. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney EXHIBIT "1" Annexation Legal Beginning at the northeast corner of Lot 2, Short Plat 2004 -11, said corner being the True Point of Beginning; Thence southerly along the east line of said Lot 2 and the east line Lot 1, Short Plat 2004 -11 to the intersection with the north right -of -way line of West Argent Road; Thence southerly along the southerly projection of the east line of said Lot 1 to the intersection with the south right -of -way line of West Argent Road; Thence westerly along the south right -of -way line of West Argent Road to the intersection with the centerline of Road 72; Thence northerly along the northerly projection of the centerline of Road 72 to the intersection with the north right -of -way line of West Argent Road, said intersection also being on the west line of the southeast quarter of the southeast quarter of Section 16, Township 9 North, Range 29 East, W.M.; Thence northerly along said west line to the intersection with the north line of the FCID Canal; Thence easterly along the north line of the FCID Canal to the intersection with the northerly projection of the east line of Lot 2, Short Plat 2001 -11; Thence southerly along said northerly projection of the east line of said Lot 2 to the Point of Beginning. EXHIBIT # 2 Rogers Annexaf'mn N w Z City Limits w F71 w VALLEY VIEW PL ///.0 aX\ CF � N 0 FCID Raw w i O _ a j IL J l Us ,I