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Home My WebLink About2014.12.01 Council Meeting PacketRegular Meeting 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance AGENDA PASCO CITY COUNCIL 7:00p.m. December 1, 2014 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 November 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 ,162,112.16. (c) Resolution No. 3602, a Resolution accepting work performed by Intermountain Slurry Seal, Inc., under contract for the 2014 Micro-Surfacing Project. 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated November 24, 2014. 2. 2014 Micro-Surfacing -Vicinity Map. 3. 2014 Micro-Surfacing-Resolution. To approve Resolution No. 3602, accepting the work performed by Intermountain Slurry Seal, Inc., under contract for the 2014 Micro-Surfacing Project. (d) Resolution No. 3603, a Resolution accepting work performed by PEC, Inc ., under contract for the 2014 Sewer Re-Lining Project. 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated November 24, 2014. 2 . 2014 Sewer Re-Lining-Vicinity Map. 3. 2014 Sewer Re-Lining-Resolution. To approve Resolution No. 3603, accepting the work performed by Planned and Engineered Construction, Inc. (PEC) under contract for the 2014 Sewer Re-Lining Project. (e) Resolution No. 3604 , a Resolution accepting work performed by KBEC, LLC under contract for the Waterline Extension-Broadmoor Tank Project. 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated November 24, 2014. 2. Waterline Extension-Broadmoor Tank-Vicinity Map. 3. Waterline Extension-Broadmoor Tank -Resolution. To approve Resolution No. 3604, accepting the work performed by KBEC, LLC under contract for the Waterline Extension -Broadmoor Tank Project. (t) Resolution No. 3605 , a Resolution accepting work performed by Inland Asphalt Company under contract for the 2014 Overlays Project. 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated November 24, 2014. 2. 2014 Overlays-Vicinity Map. 3. 2014 Overlays-Resolution. To approve Resolution No. 3605, accepting the work performed by Inland Asphalt Company under contract for the 2014 Overlays Project. Regular Meeting 2 December 1, 2014 (g) (RC) Resolution No. 3606, a Resolution accepting work performed by Granite Construction, Inc., under contract for the 2012 Overlays and 4th Avenue Corridor (Court Street to 1-182) Projects. 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated November 24, 2014. 2. 41h Avenue North-Vicinity Maps. 3. 4th Avenue North-Resolution. To approve Resolution No. 3606, accepting the work performed by Granite Construction, Inc., under contract for the 2012 Overlays and 4th Avenue Corridor (Court Street to 1-182) Projects. 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: (a) Franchise Agreement-Zayo Group, LLC. 1. Agenda Report from Michael Pawlak, City Engineer dated November 10, 2014. 2 . Zayo Group -Proposed Ordinance. 3. Zayo Group-Proposed Franchise Agreement. 4. Zayo Group -Proposed Locations. 5. Zayo Group -Vicinity Map. CONDUCT A PUBLIC HEARING Ordinance No. _, an Ordinance granting a Franchise to Zayo Group LLC for the location of fiber optic cable within the right -of-way of the City of Pasco. MOTION: I move to adopt Ordinance No. , granting a franchise to Zayo Group, LLC and to authorize the City Manager to execute the franchise agreement and, further, authorize publication by summary only. (b) Rogers Annexation (MF #ANX2014-002). 1. Agenda Report from Dave McDonald, City Planner dated November 21, 2014. 2. Rogers Annexation -Vicinity Map. 3. Rogers Annexation-Annexation Petition. 4. Rogers Annexation-Proposed Annexation Ordinance. 5. Rogers Annexation -Proposed Zoning Ordinance. 6. Rogers Annexation-Planning Commi ss ion Report and Minutes dated 10/16/14. CONDUCT A PUBLIC HEARING Ordinance No. __ , an Ordinance relating to annexation and annexing certain real property to the City of Pasco . MOTION A: I move to adopt Ordinance No. __ , annexin g certain real property to the City of Pasco and, further, authorize publica tion by summary only. -AND- Ordinance No. __ , an Ordinance of the City of Pasco, Washington assigning zoning to certain real property within the City of Pasco. MOTION B: I mo ve to adopt Ordinance No. __ , establishing R-S-1 zoning for the Rogers Annexation area as rec ommended by the Planning Commission and, further , authorize publi cation by summary only. Regular Meeting 3 December 1, 2014 (c) 2015 Operating & Capital Projects Budget. 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated November 21, 2014. 2. 2015 Operating & Capital Projects Budget -Operating Budget Ordinance. 3. 2015 Operating & Capital Projects Budget-Capital Projects Budget Ordinance. CONDUCT A PUBLIC HEARING Ordinance No.___, an Ordinance adopting the City of Pasco Operating Budget for the Year 2015. MOTION: I move for the first reading of Ordinance No. ___ , for consideration of the 2015 Annual Operating Budget. -AND- Ordinance No. __ , an Ordinance adopting the City of Pasco Capital Projects Budget for the Year 2015. MOTION: I move for the first reading of Ordinance No. ___ , for consideration of the 2015 Capital Projects Budget. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Ordinance No. , an Ordinance changing the name of a section of North Commercial A venue to Venture Road. 1. Agenda Report from Jeffrey Adams, Associate Planner dated November 18, 2014. 2. Commercial Avenue Rename -1966 Aerial Map. 3. Commercial Avenue Rename-Vicinity Map. 4. Commercial A v enue Rename -Proposed Ordinance. MOTION: I move to adopt Ordinance No. , renaming a section of Commercial Avenue to V enture Road and~ further, authori ze publication by summary only. (b) Ordinance No. , an Ordinance of the City of Pasco, Washington amending Title 17 "Sign Code" providing for Highway Follow-Through Signs. 1. Agenda Report from Shane O 'Neill, Planner I dated November 26,2014. 2. Highway Follow-Through Signs-Proposed Ordinance. 3 . Highway Follow-Through Signs-Kiosk Sign Licensing Requirements . 4 . Highway Follow-Through Signs -Memo to the Planning Commission dated 10/16/14. 5. Highway Follow-Through Signs -Planning Commission Minutes dated 10116/14. MOTION: I move to adopt Ordinance No. , amending Title 17 providing for highway follow-through signs and, further, authorize publication by summary only. (c) Ordinance No. , an Ordinance of the City of Pasco, Washington establishing a new Chapter 3.85 "Purchasing" of the Pasco Municipal Code; repealing Section 14.11.020 "Purchase of Materials, Supplies or Equipment not connected to a Public Works Pr oject under Thirty-Five Thousand Dollars {$35 ,000)"; amending Section 2.46.080 "Authority to Sell Personal Property"; and amending Chapter 2 .56 "Selection of Architectural and Engineering Consultants." 1. Agenda Report from Stan Strebel, Deputy City Manager dated November 25 , 2014. 2 . Purchasing and Surplus Policies -Proposed Ordinance. MOTION: I move to adopt Ordinance No. , adding a new Chapter 3.85 to the Pasco Municipal Code regarding purchasing; repealing Section 14.11.020; amending PMC Section 2.46.080 regarding the authority to sell personal property; and amending Chapter 2.56 regarding selection of consultants and, further, authorize publication by summary only. (d) Ordinance No. , an Ordinance ofthe City of Pasco, Washington amending the Zoning Classification of property located at 704 W. Margaret Street from "0 " (Office) to R -1 (Low-Dens ity R eside ntial). 1. Agenda R eport from Shane O 'Neill, Planner I date d November 24 ,2014. 2 . Steltenpohl R ezone-Vicinity Map . 3 . Ste lt enpohl Rezone -Proposed Ordinan ce . 4 . Ste lt enpohl Rezone-Report to the Planning Commiss ion. 5. Steltenpohl Rezone-Planning C ommission Minu te s dated 10/16114 and 11 /20/14 . MOTION: I move to adopt Ordinance No. , rezoning the property located at 704 W. Margaret Street from "0 " to R-1 and, further, authorize publication by summary only. Regular Meeting 4 Decem ber 1, 2014 9. 10. 11. 12 . 13. MF# (e) Heritage Industrial Rezone (MF #Z2014-005) Rezone from 1-1 (Light Industrial) to 1-2 (Medium Industrial). 1. Agenda Report from Dave McDonald, City Planner dated November 21 , 2014 . 2 . Heritage Indu strial Rezone -Vicinity Map. 3. Heritage Industrial Rezone-Proposed Ordinance. 4. Heritage Indu strial Rezo ne -Report to the Planning Commission . 5 . Heritage Indu strial Rezone -Planning Commi ssi on Minutes dated 10/16/14 and 11 /20/14 . Ordinance No. , an Ordinance of the City of Pa sco Washington amending the Z oning Classification of property located in the Heritage Industrial Area south of "A" Street west of Road 40 East fro m I-1 (Light Industrial) to I-2 (Medium Indus trial). MOTION A: I move to adopt Ordinance No. __ , rezoning the Heritage Industrial site from I-1 to I-2 with a concomitant agreement as recommended by the Planning Commission and , further, authorize publication by summary only. -AND- MOTION B: I move to authori ze the Mayor to execute the concomitant agreement for the Heritage Industrial Rezone. UNFINISHED BUSINESS: (None) NEW BUSINESS: (None) MISCE L L ANEOUS DISCUSSION: (a) (b) (c) EXECU T IVE SESSION: (a) (b) (c) ADJOURNMENT. Roll Call Vote Required Item not previously di scussed Quasi-Judicia l Matte r "Master F ile # .... " REMINDERS: 1. 1:30 p .m ., Monday, Decemb er 1, KGH - Emergency Medical Services Board Mee ting . (C OUNCILMEMBER TOM LARS EN , Rep .; AL YENNEY, Alt.) 2. 12:00 p.m., Wednesday, December 3, 2601 N. Capitol Avenue -Franklin County Mo squito Control Di strict M eeting . (COUNCILMEMBER B OB H OFFMANN, Rep .; AL YENNEY, Alt.) 3 . 5:30 p.m ., T hursday, December 4 , P&R Classroom -Parks & Recreation Advi sory Board Meet ing. (COUNCILMEMBER SAUL MARTINEZ, Re p .; MIKE GARRISON, Alt.) REGULAR MEETING MINUTES PASCO CITY COUNCIL NOVEMBER 17, 2014 CALL TO ORDER: The meeting was called to order at 7:00p.m. by Matt Watkins, Mayor. ROLLCALL: Councilmembers present: Rebecca Francik, Robert Hoffinann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Excused: Mike Garrison. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager ; Leland Kerr, City Attorney; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Gear, Fire Chief; Ken Roske, Police Captain and Mike Pawlak, City Engineer. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Minutes: Minutes of the Pasco City Council Meeting dated November 3, 2014. Bills and Communications: To approve claims in the total amount of $1,988,325.44 ($741,492.93 in Check Nos. 201026-201227; $157 ,050.20 in Electronic Transfer Nos. 803516; 803535, 803538- 803539, 803593; $46,598.73 in Check Nos. 47507-47554; 900000082; $570,125.26 in Electronic Transfer Nos. 30074969-30075450; $180,249.46 in Electronic Transfer Nos. 94-98; $292,808.86 in Electronic Transfer Nos. 92; 94). 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 $265,707.21 and, of that amount, authorize $174,343.32 be turned over for collection. Settlement Agreement Charter Communications: To approve the Settlement and Release Agreement with Charter Communications and, further , authorize the City Manager to execute the Agreement. Approval of Utility Easement for Century Link (MF #ESMT2014-005): To authorize the Mayor to execute the easement granting Century Link an easement across a portion of the Parks Division shop property adjacent to the City View Cemetery. Approval of Final Plat, First Place, Phase 5 (MF #FP2014-004): To approve the final plat for First Place, Phase 5. Approval of Final Plat, First Place, Phase 7 (MF #FP2014-005): To approve the final plat for First Place, Phase 7. Resolution No. 3600, a Resolution declaring the City's legislative priorities for the 2015 session of the Washington State Legislature. To approve Resolution No. 3600, declaring the City's Legislative Priorities for the 2015 session of the Washington State Legislature. MOTION: Ms. Francik moved to approve the Consent Agenda as read . Mr. Yenney seconded. Motion carried by unanimous Roll Call vote. 3(a).l 1 REGULAR MEETING MINUTES PASCO CITY COUNCIL PROCLAMATIONS AND ACKNOWLEDGMENTS: NOVEMBER 17,2014 Mayor Watkins presented a proclamation to Elisabeth Holt, representing Tri-Cities Regional Chamber of Commerce, proclaiming November 29, 2014 "Small Business Saturday". VISITORS -OTHER THAN AGENDA ITEMS: Mr. Zhi An, owner of Sacajawea Apartments, updated Council on the progress of repairs to his building due to the 2013 fire damage. REPORTS FROM COMMITTEES AND/OR OFFICERS: Ms. Francik and Mr. Yenney reported on the 12th Annual Elected Leaders Reception held at the Pasco Red Lion. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 2015 Property Tax Levy-Ad Valorem Tax Levy. MAYOR WATKINS DECLARED TH E PUBLIC H EARING OP EN TO CONSIDER THE 2015 PROPERTY TAX L EVY. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 4183, an Ordinance providing for the 2015 Ad Valorem Tax Levy, and a levy for the 1999 Unlimited Tax General Obligation Bonds in the City of Pasco in accordance with state law. Council and staff discussed the details of the proposed levy. MOTION: Ms. Francik moved to adopt Ordinance No. 4183 , Option 1, providing for the 2015 Ad Valorem Tax Levy, and a levy for the 1999 Unlimited Tax General Obligation Bonds and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried 5-1. No-Larsen. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Resolution No. 3601, a Resolution of the City of Pasco approving a Transfer Agreement governing the terms related to transfer of the City's cable television system franchise from Franchisee Falcon Video Communications, L.P. to Comcast Communications and authorizing the City Manager to execute the Agreement. MOTION: Ms. Francik moved to approve Resolution No. 3601, approving a Transfer Agreement governing the terms related to transfer of the City's cable television system franchise from Franchisee Falcon Video Communications, L.P. to Comcast Communications and, further, authori ze the City Manager to execute the Agreement. Mr. Martinez seconded. Motion carried 5-1. No-Watkins. NEW BUSINESS: Downtown Pasco Development Authority (DPDA) Funding Agreement: Agenda Report from Rick White, Community & Economic Development Director dated November 12,2014. Council discussed the proposed agreement. 2 REGULAR MEETING MINUTES PASCO CITY COUNCIL NOVEMBER 17,2014 MOTION: Ms. Francik moved to approve the 2015-2016 Funding Agreement with the DPDA and, further, authorize the City Manager to execute the Agreement. Mr. Martinez seconded. Motion carried by the following Roll Call vote: Yes -Watkins, Y enney, Francik, Martinez. No-Hoffmann, Larsen. MISCELLANEOUS DISCUSSION: Mr. Terway introduced Ms . Eva Lindgren, Interim Finance Director. Mr. Zabell noted the DPDA is hosting a Community Forum with the Downtown Business Community and the Tri Cities Union Gospel Mission on Tuesday, November 18 at 7 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:54p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 1st day ofDecember, 2014. 3 CITY OF PASCO Council Meeting of: December 1, 2014 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of pe~ury that the materials have been furnished, the services rendered or the labor performed as described herein and that the cla im Is a just, due and unpaid obligation against the city and that we are authorized to authenticate and certify to said claim . Rick Terway, A&CS Director We, the undersigned City Counci lmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 1 day of December, 2014 that the merchandise or services hereinafter specified have been received and are approved for payme nt: Claims Bank Pavroll Bank Gen'l Bi!nk El!:ctronic Bank Combined Check Numbers 201228-201455 47555-47614 goooo0085 900000087-900000088 Total Check Amount $1 ,510,249.73 $70,772.30 Total Checks $ 1,581 ,022.03 Electronic Transfer Numbers 803404-a03515 30075451-30076401 99; 101 95-97 803517-a035 37 803540-803592 803595-803695 Total EFT Amount $250,358.08 $1,083,560.75 $9,800.00 $237,371.30 Total EFTs $ 1,581,090.13 Grand Total $ 3,162,112 .16 Councilmember Coun cilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET STREET OVERLAY C. D. BLOCK GRANT HOME CONSORTIUM GRANT NSPGRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MUL Tl MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMNT LODGING LITTER CONTROL REVOLVING ABATEMENT LID 145 ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER GENERAL CAP PROJ CONSTRUCTION WATER/SEWER EQUIPMENT RENTAL-OPERATING GOVERNMENTAL EQUIPMENT RENTAL -OPERATING BUSINESS EQUIPMENT RENTAL-REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL-REPLACEMENT BUSINESS MEDICAUDENTAL INSURANCE FLEX PAYROLL CLEARING GRAND TOTAL ALL FUNDS: 462,280.94 127,708.46 0 .00 0.00 580.23 400.62 6 .57 3,265.50 11 ,592.47 5.425.50 2,737.24 27,935.53 3.491 .16 2,595 .85 1,099.33 0.00 1 ,202.46 429.28 7,800.00 11,976.49 232.98 191,424.48 444,140.76 17,816.67 7 ,651 .89 252,107.96 1 ,818.48 275,203.70 3 ,837.71 1 ,297,349.90 $ 3,162,112.16 3(b).l FOR: TO: AGENDA REPORT NO. 35 City Council r(J{ Dave Zabell, City Manage~ November 24,2014 FROM: Ahmad Qayoumi, Public Works Director Regular Mtg.: 12/1/14 SUBJECT: Accept 2014 Micro-Surfacing, Project #M3-0V-3R-14-01 I. REFERENCE(S): 1. 2014 Micro-Surfacing-Vicinity Map 2. 2014 Micro-Surfacing-Resolution II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 12/01: MOTION: I move to approve Resolution No. 3l.oO;;). accepting the work performed by Intermountain Slurry Seal, Inc . under contract for the 2014 Micro-Surfacing Project. III. FISCAL IMPACT: Overlay Fund IV. HISTORY AND FACTS BRIEF: A) On April 21 , 2014, Council awarded the 2014 Micro-Surfacing project to Intermountain Slurry Seal , Inc. for $286,944.00. V. DISCUSSION: A) The project involved installing approximately 54,000 square yards of Micro- Surfacing and pavement markings. B) The fmal project construction contract totaled $293,601.20. The overage was due to additional Type III Micro-Surfacing that was necessary for Sylvester Street. C) The work is now complete and staff recommends City Council acceptance of this work. 3(c) VICINITY MAP N.T.S I ~ _-A- I a -~~!( 0(:- -~--o-.... I 1-----1 :..-. I >--------' '--I --A I --_: -c:: -f1\ = ~ ~-~-~ ----\11 ~~ T ... 9 -s ~ ~f--~ R I ~-~ ~ !:;; --h2 !--~ r- Sl'LV'C. j 'b7i fj .., "" ) ~h -1 ~ ::: )-~L . . I · --.__ l v ~e~ n f-.- P ROJEcT LOCATION/ ~ !j ~~ ::: - --1--•-'+--::: ,_,_f---. ~!';: ~ I I -- 2014 MICRO-SURFACING #M3-0V-3R-14-01 ( RESOLUTIONNO. 3J.o0d._ A RESOLUTION ACCEPTING WORK PERFORMED BY INTERMOUNTAIN SLURRY SEAL, INC. UNDER CONTRACT FOR THE 2014 MICRO-SURFACING PROJECT. WHEREAS, the work performed by Intermountain Slurry Seal, Inc. under contract for the 2014 Micro-Surfacing project has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering's recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering's recommendation and thereby accepts the work performed by Intermountain Slurry Seal, Inc., under contract for the 2014 Micro-Surfacing project, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereofby the Public Works Director and Finance Manager. PASSED by the City Council of the City ofPasco this 1st day ofDecember, 2014. Matt Watkins Mayor ATTEST : Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney AGENDA REPORT NO. 36 FOR : City Council Dave Zabell, City Manager cl6 November 24,2014 TO : FROM: Ahmad Qayoumi, Public Works Director Regular Mtg.: 12 /1/14 SUBJECT: Accept 2014 Sewer Re-Lining, Project #C7-SE-2R-14-01 I. REFERENCE(S): 1. 2014 Sewer Re-Lining-Vicinity Map 2. 2014 Sewer Re-Lining-Resolution II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 12/01: MOTION: I move to approve Resolution No .,5(p03 accepting the work performed by Planned & Engineered Construction, Inc. (PEC) under contract for the 2014 Sewer Re-Lining Project. III. FISCAL IMPACT: Sewer Rates IV. HISTORY AND FACTS BRIEF: A) On July 21, 2014, Council awarded the 2014 Sewer Re-Lining project to PEC, Inc. for $361 ,759.63 . V. DISCUSSION: A) The project consisted of the rehabilitation of sanitary sewer pipe (8 " through 12" in diameter) using heat or ultra violet light cured in place pipe (CIPP). B) The final project construction contract totaled $337,687.36 . C) The work is now complete and staff recommends City Council acceptance of this work. 3(d) ' w l >I <j --~---,----~! : --~ j ~...-----,-·-~---·- ---, \. I ---~ _l ! ~1 ,--p:~--f j ~ ----j I i : IN , I : r ~ PEAtw t I ! i ' --j I RE i 2 I ' I ' w ~ATE I I I _j ,-. -~ ---·-·, r / A~T -. j __ -------1 j I I .·.7:---. ------:l _J ll --·· ---' "'---- VICINITY MAP N.T.S . r-1 I i \ -~ RESOLUTION NO. 30o3 A RESOLUTION ACCEPTING WORK PERFORMED BY PEC, INC. UNDER CONTRACT FOR THE 2014 SEWER RE-LINING PROJECT. WHEREAS, the work performed by PEC, Inc. under contract for the 2014 Sewer Re- Lining project has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS , it is Engineering's. recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering's recommendation and thereby accepts the work performed by PEC, Inc., under contract for the 2014 Sewer Re-Lining project, as being completed in apparent conformance with the project specifications and drawings , and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department ofRevenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws , regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 1st day ofDecember, 2014. Matt Watkins Mayor ATTEST : Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney AGENDA REPORT NO. 38 FOR: City Council Dave Zabel!, City Manage!/} November 24 ,2014 TO: FROM : Alunad Qayoumi , Public Works Directo Regular Mtg .: 12/1/14 SUBJECT: Accept Waterline Extension -Broadmoor Tank Project #C7-WT-2A-13 -02 I . REFERENCE(S): 1. Waterline Extension-Broadmoor Tank -Vicinity Map 2 . Waterline Extension-Broadmoor Tank-Resolution II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 12/01: MOTION: I move to approve Resolution No . 3/t;Ot.J: accepting the work performed by KBEC, LLC under contract for the Waterline Extension-Broadmoor Tank Project. III. FISCAL IMPACT: Water Rates IV. IDSTORY AND FACTS BRIEF: A) On June 16, 2014 , Council awarded the Waterline Extension -Broadmoor Tank project to KBEC, LLC for $114,757 .61. V. DISCUSSION: A) The project involved the installation of approximately 559 linear feet of 16" ductile iron water main on Broadmoor Blvd. B) The final project construction contract totaled $155,965.48, and increase of approximately 26%. The overage was due to a change in the alignment of the waterline due to site conditions; and the reconstruction of the Burns Rd/Broadmoor Blvd intersection due to varying thicknesses of the asphalt. C) The work is now complete and staff recommends City Council acceptance of this work. 3(e) BURNS RD DATE: 2/Jifj:Z,g14 -KG t ~. . VICINITY MAP i . I . I ~ . ,.. --.> ~ . - NOTTINGHAM DR ; ..... ' ---.;: j . BUCKINGHAM' DR ' f --I -. ---.. ..--~-- ~ :·-f ~~ -• -. -~ •' - cq --~ ..,:;;;~i ~ ,. -· .;. --1 ·--~~~$~-· f ' -~· .. mr---' I .- . < j I } ' -.... J,: . -· f l ., • • ·r .- .. !'""" ·-~ .... ·;, f .•' , __ Li j ~-~ -1 .' -' .. 'r ~. '· .. h~··. RESOLUTION NO. 3/t;{)y A RESOLUTION ACCEPTING WORK PERFORMED BY KBEC, LLC UNDER CONTRACT FOR THE WATERLINE EXTENSION-BROADMOOR TANK PROJECT. WHEREAS, the work performed by KBEC, LLC under contract for the Waterline Extension -Broadmoor Tank project has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings , and WHEREAS, it is Engineering's recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering's recommendation and thereby accepts the work performed by KBEC, LLC, under contract for the Waterline Extension -Broadmoor Tank project, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 1st day of December, 2014. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney FOR: TO: AGENDA REPORT NO. 39 City Council ,4/ Dave Zabell, City Manageri('\) November 24,2014 FROM: Ahmad Qayoumi, Public Works Director Regular Mtg.: 12/1114 SUBJECT: Accept 2014 Overlays, Project #M3-0V-3R-14-01 I. REFERENCE(S): 1. 2014 Overlays-Vicinity Map 2. 2014 Overlays-Resolution II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 12/01: MOTION: I move to approve Resolution No. ~OS' accepting the work penormed by Inland Asphalt Company under contract for the 2014 Overlays Project. III. FISCAL IMPACT: Overlay Fund IV. HISTORY AND FACTS BRIEF: A) On May 5, 2014, Council awarded the 2014 Overlays project to Inland Asphalt Company for $599,599.99. V. DISCUSSION: A) The project involved the installation of HMA, planning and pedestrian ramps on various roadways. B) The final project construction contract totaled $636,856 .70, and increase of approximately 6%. The overage was due to additional paving done at the City's Operations Division that was requested by the City and replacement of broken and damaged sidewalks for in order to field fit required ADA ramps. C) The work is now comp lete and staff recommends City Council acceptance of this work. 3(f) 2014 OVERLAYS VI CIN I TY M AP BROADMOOR BLVD I \ I l l PROJECT LI~ITS SANDIFUR PARKWAY PRO JECT LI MI TS L -- RESOLUTION NO. 3lt:D~ A RESOLUTION ACCEPTING WORK PERFORMED BY INLAND ASPHALT COMPANY UNDER CONTRACT FOR THE 2014 OVERLAYS PROJECT. WHEREAS, the work performed by Inland Asphalt Company under contract for the 2014 Overlays project has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering's recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering's recommendation and thereby accepts the work performed by Inland Asphalt Company, under contract for the 2014 Overlays project, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 1st day of December, 2014. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney AGENDA REPORT NO. 40 FOR: CityCouncil £ Dave Zabel!, City ManagV #:>-- Ahmad Qayoumi, Public Works Director~ November 24,2014 TO: FROM : Regular Mtg.: 12/1 /1 4 SUBJECT: Accept 2012 Overlays , Project #C5-ST-3R-12-02; and 4th Avenue Corridor (Court Street to I-182), Project #C2-10-06-STR I. REFERENCE(S): 1. 4th Ave North -Vicinity Maps 2 . 4th Ave North-Resolution II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 12/01: MOTION: I move to approve Resolution No. 3/..t:>o/t:> accepting the work performed by Granite Construction, Inc. under contract for the 2012 Overlays and 4th Avenue Corridor (Court Street to I-182) Projects. III. FISCAL IMPACT: STP(U) Street Overlay Fund Capital Improvement Fund General Fund STP-Enhancement S TP-Discretionary IV. IDSTORY AND FACTS BRIEF: A) On May 20, 2013, Council awarded the 2012 Overlays and 4th Avenue Corridor (Court Street to I-182) projects to Granite Construction, Inc. for $1,682,602.96. V. DISCUSSION: A) The project involved two projects that were advertised and bid as "tied projects". The 2012 Overlays project involves reconstruction and preventative maintenance of various roadway areas , including the installation of micro-surfacing, HMA, surface grinding and pedestrian ramps. The 41h Avenue Corridor (Court St to I- 182) project will include landscaping, ·irrigation, updating of handicap ramps and driveways to current ADA compliance and other associated incidental work. B) The final project construction contract totaled $1,935,195.62, an increase of approximately 15%. The overage was due to design (by consultant) errors and omissions regarding utilities and construction of the new curb , gutter and sidewalk, and tying into existing infrastructure such as existing driveways, landscaping and ro adway. The overlay portion of th e project was on 4th Avenue (round-about to Sylvester Street), and after the grinding of the HMA the thickness was less than anticipated. This resulted in the City having to completely rebuild this section of the roadway. C) The work is now complete and staff recommends City Council acceptance of this work. 3(g) l I I I I I I l ___ _) t ,Ti- y 2012 OV ERLA YS ------------------, I L___ "'xi~ ----"ti>uJ.~--- -~ ~-------------~~~~~--~-~A ~ ----------............. _ ',, ...... ........................ ,_ ...... ................ ..... .... .. , " .. 4th AVENUE CORRIDOR (COURT STREET TO 1-182) VICINITY MAP RESOLUTION NO.~ A RESOLUTION ACCEPTING WORK PERFORMED BY GRANITE CONSTRUCTION, INC. UNDER CONTRACT FOR THE 2012 OVERLAYS AND 4TH AVENUE CORRIDOR (COURT STREET TO 1-182) PROJECTS. WHEREAS, the work performed by Granite Construction, Inc. under contract for the 2012 Overlays and 4th Avenue Corridor (Court Street to 1-182) projects has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering's recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering's recommendation and thereby accepts the work performed by Granite Construction Inc., under contract for the 2012 Overlays and 4th Avenue Corridor (Court Street to I-182) projects, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 1st day of December, 2014. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney FOR: TO: AGENDA REPORT City Council Dave Zabell, City Manager rtf' Ahmad Qayoumi, PE, Public Works Director November 10, 2014 Workshop: 11 /24/2014 Regular Mtg.: 12/01/2014 FROM: Michael A. Pawlak, PE, City Engineer ~ SUBJECT: Franchise Agreement -Zayo Group, LLC I . REFERENCE(S): 1. Zayo Group -Proposed Ordinance 2. Zayo Group -Proposed Franchise Agreement 3 . Zayo Group -Proposed Locations 4 . Zayo Group -Vicinity Map II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 11 /24: Introduction and Discussion 12/01: CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. , granting a franchise to Zayo Group, LLC, and to authorize the City Manager to execute the franchise agreement and, further, to authorize publication of the Ordinance by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) Zayo Group, LLC is a telecommunications internet service provider with headquarters in Boulder, CO. The company offers wholesale and enterprise telecommunications services and bandwidth infrastructure services. Zayo Group intends to locate its facilities in conjunction with existing Franklin PUD and Century Link facilities , as well as some new underground conduit installation. B) Franchises are reviewed and granted pursuant to Title 15 of the Pasco Municipal Code. Prior to granting a franchise, the City Council must conduct a public hearing and thereafter make a decision on the franchise based on the following standards: 1. Whether the applicant has received all requisite licenses, certificates, and authorizations from the Federal Communications Commission, the Washington Utilities and Transportation Commission, and any other federal or state agency with jurisdiction over the activities proposed by the applicant; 2. The capacity of the public ways to accommodate the applicant's proposed facilities; 3. The capacity of the public ways to accommodate additional utility, cable, open video, and telecommunications facilities if the franchise is granted; 4 . The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted; 5. The public interest in minimizing the cost and disruption of construction within the public ways; 7(a) 6. The service that applicant will provide to the community and region; 7. The effect, if any, on public health, safety and welfare if the franchise is granted; 8. The availability of alternate routes and/or locations for the proposed facilities ; 9. Applicable federal and state communications laws, regulations and policies; 10 . Such other factors as may demonstrate that the grant to use the public ways will serve the community interest and; 11. Such other and further factors as may be deemed appropriate by the City. C) In accordance with RCW 35A.47.040, Council must approve a franchise at a regular meeting and can do so no sooner than five (5) days after its introduction for discussion and initial presentation before Council. Assuming Council agrees to grant the franchise, adoption of the attached proposed ordinance 1s recommended. A written determination is required for denial of a franchise. V. DISCUSSION: A) The franchise document grants authority and establishes essential parameters for the installation/operation of the franchisee's improvements within the city 's rights-of-way, such as permitting, insurance, records, fees, etc. B) Staff has prepared the attached, proposed franchise agreement in compliance with Title 15 and applicable state and federal law. State law prohibits the City from imposing a franchise fee on utility providers other than cable television operations. Federal law prohibits the taxation of internet services. C) Individual permit applications for specific installations are required of franchisees. ORDINANCE NO. __ _ AN ORDINANCE granting a Franchise to Zayo Group, LLC for the location of fiber optic cable within the right-of-way of the City of Pasco . WHEREAS, an application has been received from Zayo Group, LLC, for the grant of a franchise for the location of fiber optic cable to provide wholesale and enterprise telecommunications services and bandwidth infrastructure services to be located within and under the right-of-way of the City of Pasco, as · specially granted by a negotiated Franchise Agreement; and WHEREAS, the parties have negotiated a Franchise Agreement in compliance with Title 15 of the Pasco Municipal Code and governing telecommunication franchises; and WHEREAS, a public hearing on the grant of the franchise was conducted on the 1st day of December, 2014; and WHEREAS, based upon the evidence received at the public hearing and the Staff Report, the City Council determines it to be in the best interest of the citizens of the City of Pasco; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Grant of Franchise. Pursuant to Chapter 35A.47.040 ofthe Revised Code ofWashington, the City of Pasco grants to Zayo Group, LLC, a franchise for the location of fiber optic cable offering wholesale and enterprise telecommunication services and bandwidth infrastructure services to be located within the right-of-way of the City of Pasco as designated within the Application of Zayo Group, LLC, as Franchisee, according to the terms and conditions of the Franchise Agreement negotiated between Zayo Group, LLC, as Franchisee, and the City of Pasco, as Franchisor, a copy of which is attached hereto and incorporated hereinby this reference as Exhibit A. Section 2 . Signature Authorized. The City Manager is hereby authorized and directed to execute that Franchise Agreement attached hereto as Exhibit A . Section 3. Effective Date. This Ordinance, and the Franchise Agreement authorized hereby, shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASS ED by the City Council of the City of Pasco, Washington, and approved as provided by law this 1st day ofDecember, 2014. Matt Watkins , Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk -Leland B. Kerr, City Attorney FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd PascoWA 99301 FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT entered into this day of ________ , 2014, by and between the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter referred to as "City", and Zayo Group, LLC, a Delaware Corporation (hereinafter referred to as "Franchisee"). WHEREAS, Section 35A.47.040 of the Revised Code of Washington authorizes the City to grant, permit, and regulate non-exclusive franchises for the use of public ways; and WHEREAS, Franchisee has applied to the City for a non-exclusive franchise to enter, occupy, and use public ways to construct, install , operate , maintain, and repair fiber optic facilities to offer and provide telecommunications service for hire, sale, or resale in the City of Pasco; and WHEREAS, a franchise is a legislatively approved master permit granting general permission to a service provider to enter, use, and occupy the public ways for the purpose of locating facilities subject to requirements that a franchisee must also obtain separate use permits from the City for use of each and every specific location in the public ways in which the franchisee intends to construct, install, operate, maintain, repair or remove identified facilities; and WHEREAS, a franchise does not include, and is not a substitute for any other permit, agreement, or other authorization required by the City, including without limitation, permits required in connection with construction activities in public ways which must be administratively approved by the City after review of specific plans; and W H EREAS, the City has conducted a public hearing on the 181 day of December, 2014, and reviewed the application based upon the standards set forth in Pasco Municipal Code Section 15.10.050 (A); and Franchise Agreement -Page 1 WHEREAS, the City approved this Franchise Agreement pursuant to RCW 35A.47.040 at the next regularly scheduled Council meeting following the public hearing pursuant to Ordinance No. ; and WHEREAS, the City finds that the franchise terms and conditions contained · in this Agreement are in the public interest. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other valuable consideration, the Parties do agree as follows: 1. DEFINITIONS. For the purposes of this Agreement, all terms shall have the meaning as defined in PMC 15.10.020. Terms not specifically defined therein shall be given their ordinary meaning. 2. FRANCHISE. A. The City grants to Franchisee, subject to the terms and conditions of this Agreement and PMC Title 15, a non-exclusive franchise for providing wholesale and enterprise telecommunications (i.e., data transmission) services and bandwidth infrastructure services, not including voice, cable, video or other residential services; and to enter, occupy, and use public ways for constructing, installing, operating, maintaining, repairing, and removing wireline facilities necessary to provide telecommunications services. Franchisee shall construct, install, operate, maintain, repair, and remove its facilities at its expense. B. Any rights, privileges, and authority granted to Franchisee under this Franchise are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public, and nothing in this Franchise excuses Franchisee from its obligation to comply with all applicable general laws enacted by the City pursuant to such power. Any conflict between the terms or conditions of this Franchise and any other present or future exercise of the City's police powers will be resolved in favor of the exercise of the City's police power. C. Nothing in this Franchise excuses Franchisee of its obligation to identify its facilities and proposed facilities and their location or proposed location in the public ways and to obtain use and/or development authorization and permits from the City before entering, occupying, or using public ways to construct, install, operate, maintain, repair, or remove such facilities. Franchise Agreement -Page 2 D. Nothing in this Franchise excuses Franchisee of its obligation to comply with applicable codes, rules, regulations, and standards subject to verification by the City of such compliance. E. Nothing in this Franchise shall be construed to create a duty upon the City to be responsible for construction of facilities or to modify public ways to accommodate Franchisee's facilities. F. Nothing in this Franchise grants authority to Franchisee to provide or offer cable television service. G. Nothing in this Franchise shall be construed to create, expand, or extend any liability to the City or to any third party user of Franchisee's facilities or to otherwise recognize or create third party beneficiaries to this Franchise. 3. TERM. Authorization granted under this Franchise shall be for a period often (10) years from the effective date of this Franchise. The Franchise may be renewed as provided in PMC Chapter 15.20. This Agreement shall be effective five (5) days following the passage of an authorizing Ordinance and publication of this Franchise, or a summary thereof, occurs in a newspaper of general circulation in the City pursuant to RCW 35A.47.040, or upon execution by all parties hereto whichever occurs later. 4. LOCATION OF FACILITIES. Franchisee will locate its facilities as identified in the Route Design drawings, attached hereto and incorporated hereinby this reference as Exhibit A; and will locate its facilities consistent with the requirements ofPMC Title 15. Prior to installation of any facilities , Franchisee shall obtain all required City permits. 5. COORDINATION OF CONSTRUCTION AND INSTALLATION ACTIVITIES AND OTHER WORK. A. All construction or installation locations , activities and schedules shall be coordinated, as ordered by the City, to minimize public inconvenience, disruption or damages . B. At least twenty four (24) hours prior to entering a public way to perform construction and installation activities or other work, Franchisee shall give notice, at its cost, to owners and occupiers of property adjacent to such public ways indicating the nature and location of the work to be performed. Such notice shall be physically posted by door hanger. Franchisee shall make a good faith effort to comply with the property owner or occupier's preferences, if any, on location or placement of underground facilities, consistent with sound engineering practices. Franchise Agreement -Page 3 6. HOLD HARMLESS AND ASSUMPTION OF RISK. A. Hold Harmless. (1) Franchisee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its elected officials, officers, employees, servants, agents, and representatives against any and all claims, costs, damages, judgments, awards, or liability, of any kind whatsoever, to any person, including claims by Franchisee's own employees to which Franchisee might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property arising out of the acts or omissions of Franchisee, its officers , employees, servants, agents or representatives. (2) Franchisee further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its elected officials, officers, employees, servants, agents, and representatives from any and all claims, costs, damages, judgments, awards, or liability to any person, including claims by Franchisee's own employees, including those claims to which Franchisee might otherwise have immunity under Title 51 RCW, arising out of Franchisee's exercise of the rights, privileges, or authority granted by this Franchise which are made against the City, in whole or in part, due to the City's ownership or control of the public ways or other City property, by virtue of the City permitting the Franchisee's entry, occupancy or use of the public ways, or based upon the City's inspection or lack of inspection of work performed by Franchisee, its officers, employees, servants, agents or representatives. (3) These hold harmless covenants include, but are not limited to claims against the City arising as a result of the acts or omissions of Franchisee, its officers, employees, servants, agents or representatives in barricading, instituting trench safety systems or providing other adequate warnings of any excavation~ construction, or work in any public way or other public place in performance of work or services permitted under this Franchise. (4) Franchisee further agrees to indemnify, hold harmless and defend the City, its elected officials, officers , employees , servants, agents , and representatives against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of the Franchisee's facilities as the result of any interruption of service due to damage or destruction of the user's facilities caused by or arising out of damage or destruction of Franchisee's facilities, except to the Franchise Agreement -Page 4 extent any such damage or destruction is caused by or arises from the active sole negligence of the City. (5) In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Franchisee and the City, Franchisee's liability hereunder shall be only to the extent of Franchisee's negligence. (6) It is further specifically and expressly understood that the ·hold harmless covenants provided herein constitutes the Franchisee's waiver of immunity under Title 51 RCW. This waiver has been mutually negotiated by the parties. (7) Inspection or acceptance by the City of any work performed by Franchisee at the time of completion of construction or installation shall not be grounds for avoidance of any of these hold harmless covenants. Said hold harmless obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. (8) In the event that Franchisee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to the hold harmless covenants contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee, then Franchisee shall pay and be responsible for all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City, including reasonable attorneys' fees of recovering under this hold harmless clause. B. Assumption of Risk. (1) Franchisee assumes the ri sk of damage to its facilities located in the City's public ways from activities conducted by third parties or the City, its elected officials , officers, employees, s ervants, agents , or representatives. Franchisee releases and waives any and all claims against the City, its elected of ficial s, offi cers, employees, servants, agents, and representatives for damage to or destruction of the Franchisee's facilities except to the extent any such damage or d estructi on is caused b y or arises fro m acti ve sol e negligence of the City. Franchise A greement -Page 5 (2) Franchisee bears sole responsibility to insure its property. Franchisee shall ensure that its insurance contracts waive subrogation claims against the City, its elected officials, officers, employees, servants, agents, and representatives, and Franchisee shall indemnify, defend and hold harmless the City, its elected officials, officers, employees, servants, agents, and representatives against any and all subrogation claims if it fails to do so. 7. INSURANCE. Franchisee shall obtain and maintain, at its cost, worker's compensation insurance and the following liability insurance policies insuring both Franchisee and the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to Franchisee: A. Comprehensive general liability insurance, written on an occurrence basis, with limits not less than: (1) $5,000,000.00 for bodily injury or death to each person; (2) $5,000,000.00 for property damage resulting from any one accident; and (3) $5,000,000.00 for all other types ofliability. B. Automobile liability for owned, non-owned .and hired vehicles with a limit of $1,000,000.00 per occurrence. C. The liability insurance policies required by this section shall be maintained by Franchisee throughout the term of this Franchise, such other periods of time during which Franchisee's facilities occupy public ways, and while Franchisee is engaged in the removal of its facilities. Franchisee shall provide an insurance certificate, together with an endorsement naming the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds, to the City prior to the commencement of any construction or installation of any facilities pursuant to this Franchise or other work in a public way. Any deductible~ or self-insured retentions must be declared to and approved by the City. Payment of deductibles and self-insured retentions shall be the sole responsibility of Franchisee. The insurance certificate required by this section shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Franchisee's insurance shall be primary insurance with respect to the City, its officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and Franchise Agreement -Page 6 volunteers shall be in excess of the Franchisee's insurance and shall not contribute with it. D. In addition to the coverage requirements set forth in this section, each such insurance policy shall contain an endorsement in a form which substantially complies with the following: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 1 0 days after receipt by the City, by registered mail, of a written notice addressed to the Pasco City Manager of intent to cancel or not to renew for reason of nonpayment of premium and until 30 days after receipt by the City, by registered mail, of a written notice addressed to the Pasco City Manager of intent to cancel or not to renew for reason for any other reason." E. At least ten (1 0) days prior to said cancellation or non-renewal, Franchisee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this section. 8. SECURITY FUND. The fund described herein shall be considered an additional security and protection above, beyond and in addition to those rights and remedies already provided by other law including, but not limited to, PMC Title 15. Franchisee shall establish and maintain a security fund in the amount of twenty thousand dollars ($20,000), at its cost, with the City by depositing such monies, bonds, letters of credit, or other instruments in such form and amount acceptable to the City. No sums may be withdrawn from the fund by Franchisee without consent of the City. The security fund shall be maintained at the sole expense of Franchisee so long as any of the Franchisee's facilities occupy a public way. A. The fund shall serve as security for the full and complete performance of this Franchise, including any claims, costs, damages, judgments, awards, or liability, of any kind whatsoever, the City pays or incurs, including civil penalties, because of any failure attributable to Franchisee to comply with the provisions of this Franchise or the codes, ordinances, rules, regulations, standards, or permits of the City. B. Before any sums are withdrawn from the security fund, the City shall give written notice to Franchisee: (1) Describing the act, default or failure to be remedied, or the claims, costs, damages, judgments, awards, or liability which the City has incurred or may pay by reason of Franchisee's act or default; Franchise Agreement -Page 7 (2) Providing a reasonable opportunity for Franchisee to first remedy the existing or ongoing default or failure, if applicable; (3) Providing a reasonable opportunity for Franchisee to pay any monies due the City before the City withdraws the amount thereof from the security fund, if applicable; and ( 4) Franchisee will be given an opportunity to review the act, default or failure described in the notice with the City or his or her designee. C . Franchisee shall replenish the security fund within fourteen (14) days after written notice from the City that there is a deficiency in the amount of the fund. D. Insufficiency of the security fund shall not release or relieve Franchisee of any obligation or financial responsibility. 9. TAXES, CHARGES, AND FEES. A. Franchisee shall pay and be responsible for all charges and fees imposed to recover actual administrative expenses incurred by the City that are directly related to receiving and approving this Franchise, any use and/or development authorizations which may be required, or any permit which may be required, to inspect plans and construction, or to the preparation of a detailed statement pursuant to RCW Ch. 43 .21C . Regular application and processing charges and fees imposed by the City shall be deemed to be attributable to actual administrative expenses incurred by the City but shall not excuse Franchisee from paying and being responsible for other actual administrative expenses incurred by the City. (1) Within fourteen (14) days of execution of this Franchise Agreement, Franchisee shall pay to the City reimbursement for actual administrative expenses incurred including, but not limited to, expenses for staff time, legal review and publication in the amount of $2,000.00 . B. Franchisee shall pay and be responsible for taxes permitted by law. 10 . VACATION OF PUBLIC WAYS . The City reserves the right to vacate any public way which is subject to rights , privileges, and authority granted by this Franchise. If Franchisee has facilities in such public way, the City shall reserve an easement for Franchisee. Franchise Agreement-Page 8 11. DUTY TO PROVIDE INFORMATION. Within ten (10) days of a written request from the City, Franchisee shall furnish the City with all requested information sufficient to demonstrate: A. That Franchisee has complied with all requirements of this Franchise; B. That taxes, fees, charges, or other costs owed or payable by Franchisee have been properly collected and paid; and 12. RECORDS. A. Franchisee will manage all of its operations in accordance with a policy of keeping its documents and records open and accessible to the City. The City will have access to, and the right to inspect, any documents and records of Franchisee and its affiliates that are reasonably necessary for the enforcement of this Franchise or to verify Franchisee's compliance with terms or conditions of this Franchise. Franchisee will not deny the City access to any of Franchisee's records on the basis that Franchisee's documents or records are under the control of any affiliate or a third party. Franchisee will take all steps necessary to assist the City in complying with the Public Records Act, RCW Chapter 42.56, including providing the City with a written statement identifying how long it will take to produce records not immediately available, and for any records that are not disclosed in whole or in part, a written statement from Franchisee's legal counsel stating the authority upon which the documents are withheld. B . All documents and records maintained by Franchisee shall be made available for inspection by the City at reasonable times and intervals; provided, however, that nothing in this section shall be construed to require Franchisee to violate state or federal law regarding subscriber privacy, nor shall this section be construed to require Franchisee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. C. One copy of documents and records requested by the City will be furnished to the City at the cost of Franchisee. If the requested documents and records are too voluminous or for security reasons cannot be copied or removed, then Franchisee may request, in writing within ten (1 0) days of the City's request, that the City inspect them at Franchisee's local office. If any documents or records of Franchisee are not kept in a local office and/or are not made available in copies to the City, and if the City determines that an examination of such documents or records is necessary or appropriate for the enforcement of this Franchise, or to verify Franchisee's compliance with terms or conditions of this Franchise, then all reasonable travel and related costs incurred in making such examination shall be paid by Franchisee. Franchise Agreement -Page 9 13. NOTICES. A. Any regular notice or information required or permitted to be given to the parties under this Franchise may be sent to the following addresses unless otherwise specified : The City: Franchisee: City of Pasco Attn : Dave Zabell, City Manager 525 North 3rd Pasco WA 99301 Phone: (509) 545-3404 E-Mail Address: zabelld@pasco-wa.gov Zayo Group, ~LC Attn: Dylan De Vito 1805 29th Street Boulder CO 80301 (303) 414-1721 E-Mail Address: dylan.devito@zayo.com B. Franchisee shall additionally provide a phone number and designated responsible officials to respond to emergencies. After being notified of an emergency, Franchisee shall cooperate with the City and make best efforts to immediately respond to minimize damage, protect the health and safety of the public and repair facilities to restore them to proper working order. 14. NON-WAIVER. The failure of the City to exercise any rights or remedies under this Franchise or to insist upon compliance with any terms or conditions of this Franchise shall not be a waiver of any such rights, remedies, terms or conditions of this Franchise by the City and shall not prevent the City from demanding compliance with such terms or conditions at any future time or pursuing its rights or remedies. 15. EMINENT DOMAIN. This Franchise is subject to the power of eminent domain and the right of the City Council to repeal, amend or modify the Franchise in the interest of the public. In any proceeding under eminent domain, the Franchise itself shall have no value. 16. DAMAGE TO FACIL ITIES. Unless directly and proximately caused by the active sole negligence of the City, the City shall not be liable for any damage to or loss of any facilities as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on , in, under, over, across , or within a public way done by or on behalf of the City. Franchise Agreement -Page 10 17. GOVERNING LAW AND VENUE. This Franchise and use of the applicable public ways will be governed by the laws of the State of Washington, unless preempted by federal law. Franchisee agrees to be bound by the laws of the State of Washington, unless preempted by federal law, and subject to the jurisdiction of the courts of the State of Washington. Any action relating to this Franchise must be brought in the Superior Court of Washington for Franklin County, or in the case of a Federal action, the United States District Court for the Eastern District of Washington at Richland, Washington, unless an administrative agency has primary jurisdiction. Prior to initiating any litigation under this Agreement, the parties shall meet in a good faith effort to mutually resolve disputes . 18. SEVERABILITY. If any section, sentence, clause or phrase of this Franchise or its application to any person or entity should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality will not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise nor its application to any other person or entity. 19. MISCELLANEOUS. A. Equal Emplovment and Nondiscrimination. Throughout the term of this Franchise, Franchisee will fully comply with all equal employment and nondiscrimination provisions and requirements of federal, state, and local laws, and in particular, FCC rules and regulations relating thereto . B. Local Employment Efforts. Franchisee will use reasonable efforts to utilize qualified local contractors, including minority business enterprises and woman business enterprises, whenever the Franchisee employs contractors to perform work under this Franchise. C. Descriptive Headings. The headings and titles of the sections and subsections of this Franchise are for reference purposes only and do not affect the meaning or interpretation of the text herein. D . Costs and Attorneys' Fees. If any action or suit arises in connection with this Franchise, the substantially prevailing party will be entitled to recover all of its reasonable costs, including attorneys' fees, as well as costs and reasonable attorneys ' fees on appeal, in addition to such other relief as the court may deem proper. E. No Joint Venture. Nothing herein will be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner that would indicate any such relationship with the other. Franchise Agreement -Page 11 F. Mutual Negotiation. This Franchise was mutually negotiated by the Franchisee and the City and has been reviewed by the legal counsel for both parties. Neither party will be deemed to be the drafter of this Franchise. G . Third-Party Beneficiaries. There are no third-party beneficiaries to this Franchise. H . Actions of the City or Franchisee. In performing their respective obligations under this Franchise, the City and Franchisee will act in a reasonable, expeditious , and timely manner. Whenever this Franchise sets forth a time for any act to be performed by Franchisee, such time shall be deemed to be of the essence, and any failure of Franchisee to perform within the allotted time may be considered a material breach of this Franchise, and sufficient grounds for the City to invoke any relevant remedy. I. Entire Agreement. This Franchise represents the entire understanding and agreement between the parties with respect to the subject matter and supersedes all prior oral and written negotiations between the parties. J. Modification. The parties may alter, amend or modify the terms and conditions of this Franchise upon written agreement of both parties to such alteration, amendment or modification. Nothing in this subsection shall impair the City's exercise of authority reserved to it under this Franchise. K. Non-exclusivity. This Franchise does not confer any exclusive right , privilege, or authority to enter, occupy or use public ways for delivery of telecommunications services or any other purposes. This Franchise is granted upon the express condition that it will not in any manner prevent the City from granting other or further franchises in, on, across, over, along, under or through any public way. L. Rights Granted. This Franchise does not convey any right, title or interest in public ways, but shall be deemed only as authorization to enter, occupy, or use public ways for the limited purposes and term stated in this Franchise. Further, this Franchise shall not be construed as any warranty of title. M . Contractors and Subcontractors. Franchisee's contractors and subcontractors must be licensed and bonded in accordance with the City's ordinances, rules, and regulations. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Franchisee. Franchise Agreement-Page 12 20. INCORPORATION BY REFERENCE. This Agreement, specifically by this reference, incorporates PMC Title 15. In the event of any dispute between the terms of this Agreement and the provisions of Title 15 as they now exist, the provisions of Title 15 shall control. 21. PUBLICATION. The City Clerk is authorized and directed to publish a summary hereof in accordance with Revised Code ofWashington §§ 35A.l3.200 and 35A.12.160. 22. EFFECTIVE DATE. This agreement shall take effect fiv e (5) days following the passage of an authorizing ordinance and publication of this Franchise, or a summary thereof, occurs in a newspaper of general circulation in the City pursuant to RCW 35A.47 .040, or upon execution by all parties hereto , whichever occurs later. DATED this ___ day of ________ , 2014. CITY OF PASCO ZAYO GROUP, LLC Dave Zabell, City Manager _______ _J President Attest: Debra Clark, City Clerk Approved as to Form: Leland B. Kerr, City Attorney Franchise Agreement -Page 13 STATEOFWASHINGTON ) :ss County of Franklin ) On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned . SUBSCRlBED and sworn to before me this __ day of ___ ___o 2014. Notary Public in and for the State of Washington Residing at -------------------------- My Commission Expires---------------- STATE OF COLORADO ) :ss County of ______ ~-) On this day personally appeared before me President of Zayo Group, LLC, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRJBED and sworn to before me this __ day of _____ 2014. Notary Public in and for the State of Colorado Residing at------------------------- My Commission Expires _______________ _ Franchi se Agreement -Page 14 ! g > ... ·-.... ..., ....... V'III --1lf'tii2M"W tll'rll..zr'W --.......... ""'"" --.......... coo<oonY -... ---,.,. -..... -----.,.,.. -- ~ .. = ., .. If-· --· .... 'Of.AD::-.:::~ ........... "~ ....... a"·"· f ~ IJ I I . ... .... .... ....,. .. ~ . .,. --" ..... , ....... ••rnn-w --.......... 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' . e I I ' I I I I II ~ d ~ ~ t • ~ t I g ~ I . ~ I I I I I 1 I II • ~ ~ . i ~ l • • ~ ~ ~ . ~ i . \ I I I I I I I II ~ ! I . ~ ' I " ~ i . ~ ~ ~ ~ ~ ! I I l I I I 1 n ~ ~ I a • ~ ~ • t fi & ~ i ~ . . ~ . - I I I I I I I I II ® H-t-t-t-t--11 . I ~ -@.. ~ 5 !! ~ I 5 ~ i -@.. I ~ ~ 5 !! [· 0 0 0 •• n ~ l ~ Is --« 15 jl ~~ I ;A 5 ~ ~ .2 li ~ = ~~ !! I 2 .@ .. ~ .. ~ G a I --- ~ 0 a --- -~ l -------- i -- ~ -0 0 -0 0 --• 0 D -• I 0 I ~ ~ ! ! ! ~ ~ ~ § ! ~ ~ ~ & i 0 ! --« ~ E --. £ 0 .. ... II .. I~ II., c 0 ~ * r- h .. V C N TY MAP FOR: TO : FROM: AGENDA REPORT City Council Dave Zabell, City Manager r(/:, Rick White, W Community & Eco nomic Devel opment Director Dave McDonald, City Planner November 21,2014 Regular Mtg.: 12/1 /14 SUBJECT: ROGERS ANNEXATION : CMF# ANX2014-002) I. REFERENCE(S): A. Rogers Annexation-Vicinity Map B . Rogers Annexation-Annexation Petition C. Rogers Annexation-Proposed Annexation Ordinance D. Rogers Annexation-Proposed Zoning Ordinance E. Rogers Annexation-Planning Commission Report and Minutes dated: 10116114 II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 12/1: COUNDUCT HEARING: MOTION A: I move to adopt Ordinance No. , an Ordinance annexin g certain real property to the C ity of Pasco and, further authorize publication by summary only. MOTION B: I move to adopt Ordinance No. an Ordinance establishing R-S-1 zoning for the Roger s Annexation area as re commend by the Planning Commission and, further authorize publication by summary only. III. FISCAL IMP ACT: The addition of $375,000 to the total as sessed value of the city. IV. HISTORY AND FACTS BRIEF: A. On September 15, 2014, th e C ity Council passed Resolution No. 3586 accepting a "Notice and Intent" to commence annexation proceedings for the Roger Annexation area. Following the passage of the resolution a 60% annexation petition was submitted to the City. B. The petition has been reviewed by the County Assessor and has been determined to be sufficient to constitute a legally acceptable petition under the 60% petition method of annexation. C. The next step in the annexation process requires the City Council to hold a public hearing on the proposed annexation. V. DISCUSSION: A. The proposed annexation Ordinance (Motion "A"), if adopted, will cause the area in question to be annexed to the City subject to the following conditions: 1. The Pasco Comprehensive Plan will continue to be applicable to the area. 2. The annexation area will not assume any existing bonded ind ebtedness. 3. The annexation area will be assigned to Voting District #5. B. The Planning Commission conducted a zonin g determination hearing for th e proposed annexation area on October 16 , 20 14 and recommended the area be R-S -1 (Suburban Residential). Motion "B" will establish R-S-1 zo ning for the annexation area. 7(b) Vicinity Map Item: Annexation Applicant: Richard & Carel Rogers File #: ANX 2014-002 PETITION FOR ANNEXATION TO THE CITY OF PASCO TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 The undersigned , being the owners of not less than sixty percent (60%), in value, according to the assessed valuation for general taxation, of the real property described in Exhibit "A" attached hereto, lying contiguous to the City of Pasco, Washington, do hereby petition that such territory be annexed to and made a part of the City of Pasco under the provisions of RCW 35.14.120, et seq., and any amendments thereto, of the State of Washington. The territory proposed to be annexed is within Franklin County, Washington, and is d e scribed in Exhibit "1 ", attached hereto. WHEREFORE, the undersigned respectively petition the Honorable City Council and ask: (a) That appropriate action be taken to entertain this petition, fixing a date for a public hearing, causing notice to be published and posted, specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and, (b) That following such h earing the City Council determine by Ordinance that such annexation shall be effective; and that property so annexed shall become a part of the City of Pasco, Washington, subject to its laws and ordinances then and thereafter enforced. The Petitioners subscribing hereto agree tha t all property within the territory h ereby sought to be annexed shall not assume any existing indebtedness and will not require simultaneous adoption of zoning regulations in accordance with the City Council's acceptance of t h e Notice and Intention to Commence Annexation as indicated in Resolution No. 3586 as recorded in the September 1 5 , 2014 Council minutes of the City of Pasco, Washington. This Petition is accompanied by and has attached hereto as Exhibit "2" a diagram which outlines the boundaries of the property sought to b e annexed. 1 . .. ) WARNING: Every person who signs this petition with any other than his/her name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he/she is not a legal voter, or signs a petition when he I she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits II 1 II and 11 2 11 , without (2) assumption of indebtedness of the City of Pasco and without (3) simultaneous adoption of the City of Pasco Zoning Regulations. OWNER'S SIGNATURE PRINT NAME/ADDRESS DATE SIGNED ef::51/P-.I tA/t -.+ ?}zfl(if ~~~~~~~~~~~~~~~~~~~~~G.~~ 9-~~-~ 4. 5. 6. 7. 8. 9. 10. 11. 12. 2 . ' . -' . 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 cent erline 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 Ann ex ation l N w z City Lim its :::i --·· ~------~------~----~------~------.-~------~ N r-..... 0 <! 0 ----; ---·-0::: VALLEY VIEW PL FC/0 / / w u .. -·- <! _.J Q 0 r-..... 0 <I: 0 --···-. --· 0::: i ! ! I . L .... W. ARGENT RD ;-- ; 0 r-..... 0 <! 0 0::: ' I ·-i I i City Limits WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 ORDINANCE NO. ___ _ AN ORDINANCE relating to annexation and annexing certain real property to the City of Pasco. WHEREAS, the City Council of the City of Pasco has declared, its intent to annex the following described territory to the City of Pasco pursuant to RCW Chapter 3 5A.14; and WHEREAS, notice of the public hearing on the proposed annexation has been published and posted as required by law; and, WHEREAS, a public hearing on the proposed annexation was held on December 1, 2014; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASIDNGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to- wit: Beginning at the northeast comer of Lot 2, Short Plat 2004-11, said comer 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; as depicted in the map attached hereto and labeled Exhibit "1" and the same is hereby annexed to the City of Pasco and is hereby declared to be within the corporate limits of the City of Pasco. Section 2. That the Comprehensive Plan of the City of Pasco be and the same is hereby adopted for the above described tract of land. Section 3. That said tract of land shall not assume any portion of the existing bonded indebtedness ofthe City ofPasco. Section 4. That said tract of land shall be in Voting District # 5. Section 5. That a certified copy of this ordinance be and the same shall be filed with the Franklin County Commissioners. Section 6. This ordinance shall be in full force and effect on January 1, 2015 . PAS SED by the City Council of the City of Pasco this 1st day of December 2014 . Matt Watkins, Mayor ATTEST : APPROVED AS TO FORM Debra Clark, City Clerk Leland B. Kerr, City Attorney -2- EXHIBIT# 1 Rogers Annexation VALLEY N I ~ _ __I _I ----- 0:::: City Limits VIEW PL / ' tj ---J <:( _.J o_ i ------ ;~. ~ --· ;---..... ·--·-- 0 ~ ---:--l <:( ' i ~ ---·l ' ' W. ARGE NT RD 0 ........ ~ -i Q I 0:::: -----------· --...... ------~ Cit y Limit s ,------· -- [ ___ -. w z <(" _j ---T-- w w 0::: 1- <( ORDINANCE NO .. __ _ AN ORDINANCE of the City of Pasco , Washington, assigning zoning to certain real property within the City of Pasco. WHEREAS, on October 16, 2014, the Planning Commission of the City of Pasco conducted a public hearing to develop a recommendation for the assignment of zoning to certain property; in the event the property was incorporated within the City; and WHEREAS, on December 1, 2014, Ordinance No. ____ , effectively annexed certain real property to the City of Pasco; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to-wit: Beginning at the northeast comer of Lot 2, Short Plat 2004-11, said comer 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-o f-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 so utherly along said northerly projection of the east line of said Lot 2 to the Point of Beginning; as depicted in the map attached hereto and labeled Exhibit No. "1" be and the same is hereby assigned R- S-1 (Suburban Residential) zoning. Section 2. That ·any and all zoning maps be and the same are hereby amended to conform to the aforesaid assignment of zoning. Section 3. This ordinance shall be in full force and effect on January 1, 2015 . PASSED by the City Council ofthe City of Pasco this 1st day ofDecember, 2014. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney EXHIBIT # 1 I I I I N __ l _ Roger s A nne x ati on Z onning w z ..---....,---.... -C-itj..y _L_i ~m-it_s ____ ......~...,..~....---...... :5 -----r w N ('-... 0 <{ 0 -------0:::: VALLEY VIEW PL FC/0 R/W /' /' : /' i I ---~ ,/ w I (---------u --__! ! --------------------- :s ~ I (L --+------_ _l _ -------------- 0 I ('-... ~ ---, -~ 0 .. I ~ ---i I---- ' ·---.-! L. ------~ -- --1 0 . I • 0:::: ' City Lim i ts r ------------._: ------- j w 0::: I-'---'------1 REPORT TO PLANNING COMMISSION MASTER FILE NO: (MF# ZD20 14-001) ACTION DATE: 10/16/2014 APPLICANT: City of Pasco PO Box 293 Pasco, WA 99301 BACKGROUND REQUEST: Develop zoning recommendation for Rogers Annexation Area. 1) AREA ID: Rogers Annexation Area Size 7 acres # of Dwellings 1 Population 2 2) UTILITIES: A water main is located in Argent Road and a sewer main is located in Argent Road and along the western boundary of the property. 3) LAND USE AND ZONING: The proposed annexation area is currently zoned RS-20 (Suburban) in the County. Surrounding properties are zoned and developed as follows: NORTH: SOUTH: EAST: WEST: RS-20 RS-20 RS-12/RS-20 RS-1 -FCID Canal/Single-Family (County) -Single-Family (County) -Single-Family /Vet Clinic (City & County) -Vacant/farm land (City) 4) COMPREHENSIVE PLAN: The Comprehensive Plan designates the proposed annexation area for low-density residential land uses. 5) ENVIRONMENTAL DETERMINATION: The City of Pasco is the lea d agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a t hreshold determination resulting in a D etermination of Non-Significance (DNS) has b een issued for this project under WA C 197- 11 -158. ANALYSIS On September 15, 2014 the City Council approved Resolution 3586 accepting a Notic e of Intent to commen ce annexation proceedings for a 7 .5 acr e a r ea generally lo cated in t he 7100 block of West Argent Road b etween Argent Ro a d and t h e FCID irrigation canal. Following acceptance of the Notice of Intent a nd prior to Council action on a n annexation p etition, the Planning Commission i s to hold a zoning determination hearing. The purpose of s a id hearing is for the Planning 1 Commission to recommend an appropriate zoning district for the proposed annexation area in the event it may become part of the City. In determining the most appropriate zoning for the annexation area, the Planning Commission needs to consider the existing land uses, nearby development, zoning, policies of the Comprehensive Plan and the Land Use Designations of the Land Use Map. The Planning Commission also needs to be guided by the criteria in PMC 25.88.060 (see below) in developing a zoning recommendation. The annexation area contains one house, a shop a nd about 7 acres of land. The Comprehensive Plan designates the annexation area for low density residential uses. Low-density development means 2 to 5 dwelling units per acre. Zoning acceptable in low-density areas according to the Comprehensive Plan includes RS-20, RS-12, RS-1 and R-1. Surrounding residential zoning includes three of the four low-density zoning districts, RS-20, RS -12 and RS-1. The 28 acre DNR site in the City, directly to the west of the annexation area was rezoned to RS-1 in July of this year. The neighborhood surrounding Road 70 Place directly to the east is zoned RS-12 and properties to the north and south are zoned RS-20. Road 70 Place is within the City and properties to the north and south of the annexation area are in the County. The FCID canal to the north and Argent Road to the south both provide a demarcation line or buffer that can be used for changing zoning within the general neighborhood. The initial review criteria for considering a rezone application are explained in PMC 25.88.030. The criteria are listed below as follows: 1. The changed conditions m the vicinity which warrant other or additional zoning: • The property 1s located within the Pasco Urban Growth Boundary. • The property in question is being annexed to the City of Pasco. • Upon annexation the property will need to be zoned. • The property to the west in the City was zoned RS-1 earlier this year. • The single-family homes located on Road 70 Place are zoned RS-12. 2 . Facts to justify the change on the basis of advancing the public health, safety and general welfare. 2 The property is being annexed to the City and will need to be zoned. The justification for the rezone is the fact that if a zoning designation is not determined the property could become annexed without zoning. For the advancement of the general welfare of the community the property needs to be zoned. 3 . The effect rezoning will have on the nature and value of adjoining property and the Comprehensive Plan. Rezoning the property to RS-1 is supported by the comprehensive plan in that it is low-density in nature and matches the zoning to the west. Experience from past rezones and evidence provided through the Franklin County Assessor's records indicates rezoning single- family area with a slight increase in destiny from surrounding County properties does not impact the value of surrounding properties. 4 . The effect on the property owners or owner of the request ts not granted. Without the annexation area being assigned a specific zoning district, the area will essentially be un-zoned upon annexation. The area needs to be zoned to provide certainty and benefit to the property owners and the adjoining property owners . 5 . The Comprehensive Plan land use designation for the property. The · Comprehensive Plan designates the site for low-density residential development. RS-1 is a low-density residential zoning district. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is within the Pasco Urban Growth Boundary. 2) The Urban Growth Boundary was established by Franklin County m 1994. 3) The property is being proposed for annexation by the end of 2014. 4) The annexation area has been designated in the Comprehensive Plan for low-density residential development. 5) Properties to the west, in the City, are zoned RS-1. 6) Properties to the east, in the City, are zoned RS-1. 3 7) The Vet Clinic to the east in the County is zoned RS-20. 8) Properties to the north and south in the County are zoned RS-20 . 9) The annexation area is separated from neighborhoods to the south by West Argent Road and is separated from the Valley View neighborhood to the north by the FCID canal. 10) The annexation area contains one single-family dwelling and shop. area only. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25 .88 .060 and determine whether or not: ( 1) The proposal is in accord with the goals and policies of the Comprehensive Plan. Zoning the properties to reflect the land use designations in the Comprehensive Plan will cause the proposal to be in accord with the Plan. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. Retaining suburban residential zoning on the property will have no material impact on surrounding properties. (3) There is merit and value in the proposal for the community as a whole. It is in the best interest of the community and neighborhood to have the annexation area zoned to be consistent with the Comprehensive Plan. Without zoning, the value and character of the neighborhood would not be protected or maintained. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. RS-1 zoning would mitigate the impacts of the property not being zoned and therefore no conditions are needed. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. 4 STAFF RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the October 16, 2014 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council zone the Rogers Annexation Area RS-1 Suburban Residential upon annexation. 5 Vicinity Map Item: Annexation Applicant: Richard & Carel Rogers File#: ANX 2014-002 Item: Zonin_g_ Determination Land Use Applicant: Richard & Carel Rogers Map File #: ZD 2014-001 Multi-Fam. ~ 11 -Farming ~ CJ U) J: C) ·-J: ca c ; ca ·-.s:::. 0 SITE .. N.',""'"'.,,,,,. SFDUs 1 1 ~~ ~~ (County) I I -~~----------~ om ARGENTRD Commercia! 1 I Vacant Vacant (County) ------1 Zoning Map R-1 RS-1 Item: Zonin_g_ Determination Applicant: Richard & Carel Rogers File#: ZD 2014-001 "0" SITE ..... t l'<'c:.'<'<'<'<'<'<l I ~~=====-----:----fl~~~~~~~~~~~~___J \ I L I C-1 • --· ·~ ~~ '-I I I I RS-20 I I I ~ 0 (County) ~~-----l RS-12 RS-20 (County)-----1 1---____L_-L-__.L_.---L------'-, E. PLANNING COMMISSION MINUTES 10/16/14 Zoning Determination Develop Zoning Recommendation for Rogers Annexation Area (MF# ZD 2014-001) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the need to develop a zoning recommendation for the Rogers Annexation Area. The owners of the property signed a notice of intent to annex the property in August. Subsequent to that the owners signed a 60% annexation petition which has now been certified by the County Assessor. A zoning d etermination needs to be made so when the public hearing is held in December a zoning recommendation will be ready for City Council to consider. In looking at the general area and surrounding properties, staff is suggesting that the property be zoned R-S-1 to match the DNR property directly to the west which is also zoned R-S-1. Following additional discussion the public hearing was closed. Commissioner Greenaway moved, seconded by Commissioner Bachart, the Planning Commission adopt the findings of fact as contained in the October 16, 20 14 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Bachart, based on the findings of fact adopted, the Planning Commission recommend the City Council zone the Rogers Annexation Area R-S-1 Suburban Residential upon annexation. The motion passed unanimously. AGENDA REPORT FOR: City Council November 2 1,2014 TO: Regular Meeting: 12/1/14 Dave Zabel!, City Manag6 Rick Terway, ~ & Community Services Director SUBJECT: 2015 Operating & Capital Projects Budget FROM: I. REFERENCE(S): 1. 20 15 Operating & Capital Projects Budget -Operating Budget Ordinance 2. 2015 Operating & Capital Projects Budget-Capital Projects Budget Ordinance II. ACT ION REQUESTED O F COUNCIL/STAFF RECOMMENDATION: 12 /1: CONDUCT A PUBLIC HEARING MOTION: I move for the first reading of Ordinance No . ____ ,for consideration of the 2015 Annual Operating Budget. MOTION: I move for the first reading of Ordinance N o . ____ ,for consideration of the 2015 Capital Projects Budget. II I. FISCAL IMPACT: A. $160,299,715-Annual Operating Budget B . $ 55 ,526,815 -Capital Projects Budget IV. HISTORY AND FACTS BRIEF: A. The 2015 Preliminary Budget was discussed at the Council Workshop meeting held on November 10, 2014. General Fund Revenues and Expenditures were discussed as well as other operating fund budgets. Each Department Director gave a briefing and answered questions regarding oversight of their respecti ve oper ating and capital projects budgets. B. The document is available for viewing and printing from the City 's web site at www.pasco-wa.gov, under "Publications" and then clicking on "Financial Reports" and then clicking on "Budget." V. DISC USSION: A. Since the Council Workshop held on November 10,2014 there hav e been no changes to the document. 7(c) ORDINANCE NO. AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE YEAR 2015. WHEREAS, subsequent to due notice and public hearing thereon , the City Council of the City of Pasco has approved an o perating budget for the year 2015; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section One. The following budget containing the totals set forth for each fund for the year 2015 is hereby adopted. FUND EXPENDITURE REVENUE 010 GENERAL FUND $ 51,707,766 $ 51,707,766 110 C ITY STREET FUND 2 ,321,354 2,321,354 120 ARTERIAL STREET FUND 1,157,723 1,157,72 3 125 1-182 CORRIDOR TRAFFIC IMPACT FUND 1,311,829 1,311,829 130 STREET OVERLAY FUND 3,628,355 3,628,355 14X COMMUNITY DEVELOPMENT GRANT FUND 1,277,619 1,277,619 145 M.L. KING JR. COMMUNITY CENTER FUND 205,535 205,535 150 AMBULANCE SERVICES FUND 4,090,250 4,090,250 160 CITY VIEW CEMETERY FUND 341,604 341,604 161 BOULEVARD PERPETUAL MAINTENANCE FUND 2 ,191 ,028 2,191 ,028 165 ATHLETIC PROGRAM FUND 236,398 236 ,398 166 GOLF COURSE 1,602,560 1,602,560 170 SENIOR CENTER OPERATING FUND 335,088 335,088 180 MULTI-MODAL FACILITY FUND 189,000 189,000 182 SCHOOL IMPACT FEES 1,501,900 1,501,900 185 RIVERSHORE TRAIL & MARINA MAINTENANCE FUND 40,968 40,968 188 SPECIAL LODGING ASSESSMEN T FUND 243,906 243,906 189 UTTER ABATEMENT FUND 18,826 18,826 190 REVOLVING ABATEMENT FUND 394,804 394,804 191 TRAC DEVELOPMENT & OPERATING FUND 427,149 427,149 192 PARK DEVELOPMENT FUND 2,157,325 2,157,325 193 CAPITAL IMPROVEMENTS FUND 4 ,483 ,515 4,483,515 194 ECONOMIC & INDUSTRIAL DEVELOPMENT FUND 2,484,902 2 ,484,902 195 S TADIUM I CONVENTION CENTER FUND 375,402 375 ,402 24X LID DEBT SERVICE FUND 1,224,351 1,224,351 27X G.O. BOND DEBT SERVICE FUND 494,294 494,294 367 GENERAL CAPITAL PROJECTS 16,451,908 16,451,908 410 WATER I SEWER UTILITY FUND 39,031 ,028 39,031,028 510 EQUIPMENT RENTAL OPERATIONS FUND-GOVERNMENT TYPE 1,203,561 1,203,561 511 EQUIPMENT RENTAL OPERATIONS FUND -PROPRIETARY TYPE 470,448 470,448 515 EQUIPMENT RENTAL REPLACEMENT FUND -GOVERNMENT TYPE 6 ,303,870 6 ,303,870 516 EQUIPMENT RENTAL REPLACEMENT FUND -PROPRIETARY TYPE 2,813,972 2 ,81 3,972 520 MEDICAL I DENTAL IN S URAN CE FUND 6 ,447,401 6,447,401 530 CENTRAL STORES F UND 12,329 12 ,329 605 C ITY VI EW CEMETERY ENDOWMENT 469 ,22 4 469,224 610 OLD FI REME N'S PENSION TRUST FUND 1 ,560,92 4 1,560,924 619 O LD FIRE MEDICAL (OPES) 1 ,091,599 1,091,599 GRAND TOTAL ALL F UNDS $ 160,299,71 5 $ 160,299,715 Section Two. Thi s Ordinan ce sha ll be in full f o rce and effect on January 1, 2015. PA SSED by the City Council of the City of Pasco this 15th day of December. 2014. ATTEST: Matt Watkins, Mayor Debra L. Cla rk , City Cle rk Approved as to Fo rm : Le la nd B . Kerr, City Attorney ORDINANCE NO. AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE YEAR 2015 WHEREAS, subsequent to due notice and public hearing thereon, the City Council for the City of Pasco has approved the following capital Project Budget for the year 2015; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section One: That the capital projects are hereby authorized as detailed. The following schedule summarizes newly authorized projects as well as continuing projects and constitutes the Capital Projects Budget. The Budget is adopted at the cumulative project level. CIP Budget Increase New CIP Budget Status Protect Title ~ ID!!:!!II•l Protect 2015 !:!tntr!l Pr2lt!<ls 1~14 Conlln!!!!!i!l Continu ing Fire Alerting Systems 205,820 54,996 260,816 Continuing Muni Courthouse 3,734,208 140,358 3,874,566 2014 Supp New Pollee Station 5,739,000 5,739,000 Continuing Financial System -HR & Payroll 197,762 (1,214) 196,548 Continuing Financial System -Financlals 233,214 2,785 235,999 Continuing Financial System ..Utility & Proj Acclg 275,024 17,663 292,687 Total Gene~! Projects (2014) 4,646,028 5,953,588 10,599,616 P1rk l Fi!!<llill!llii!IH ~2nllnl!ed} Continuing Animal Shelter Facility 203,000 203,000 Continuing 30 Acre Park NW Quad 600,000 350,000 950,000 Continuing Three Rivers Park 210,000 245,000 455,000 Continuing Memorial Shelter & ADA Path 100,000 100,000 2014 Supp New Richardson Pool Demolition 165,000 165,000 Total Park & Facilities (2014) 1,113,000 760,000 1,873,000 Pi!rk I! fi!Ciljlill l!:l!W jiQ15} 2015 New Railroad Underpass Trail 40,000 40,000 Total Park & Facfliti.s (2015) . 40 ,000 40,000 !;; ll l:llllll21! lii!l1! ~2nii!!Y!I!l Continuing Farm Share-Valve/Meter/SCADA 2014 Re 107,760 107,760 Total E & I Projects (2014) 107.760 107,760 Ell QtVt121! liiOl~ !:ltW) 2015 New Farm Circle 7 -Swing Arm 125,000 125,000 Total E & I Development Construction 125,000 125,000 ~llC!•I !<2n§lructlon 12!114 Conllnye!ll Roads Continuing Road 68 Improvements (Phase II) 1,700 ,000 1,700,000 Continuing Power1ine Road 1,190,907 1,190,907 Continuing Argent Road (Road 44 to 20th Ave) 2,400,000 (1 ,7 64,162) 635,838 Continuing Oregon Ave (SR397) -Phase 1 1,582,400 1,000,000 2,582,400 Continuing Oregon Ave (SR3g7)-Phase 2 192,560 192,560 Continuing Oregon Ave (5R397)-Entrance (Ph 2 Inters 48,390 58,227 106,617 Continuing Lewis Straet Demolish • Phase 1 578,035 19,296 597,333 Continuing Dual RT SB Road 68 630,000 228,275 858,275 2014 Supp New Road 66 ·Tripl e Right 400,000 400,000 2014 Supp New 20th Ave Access Management 600,000 600 ,000 Continuing 20 14 Alley Hard Surfa cing (Chip Sealing) 110,000 110,000 2014 Supp New Sylvester Neigborhood -ParkS! (5th) 100,000 100,000 ~ Continuing Interconnect Road 68 Signals 250,000 (7,206) 242,794 Continuing Traffic Signal Controller Upgrade 1,601,274 855,437 2,456,711 Continuing Bus Pre -Exemption @ CBC/Argent 45,563 45,563 RII.!I112§. 6, !,lnd«<'Q~t!! Ell.m!~ Continuing Lewis St One Way Couplets 215,600 215,600 Continuing Lewis St Overpass 5,951,943 65,763 6,017,726 Total Street Construction (2014) 16,466,672 1,565,652 18,052,324 S!rul C!!nstrl!s;lioo (New 201~1 Roads 2015 New Chapel Hill Extension -Street 60,000 60,000 2015 New 2015 Alley Hard Surfacing (Chip Sealing) 135,6 00 135,600 Slana Is 2015 New Road 66 & Court St Signal 250,000 250,000 Total StreetConstruction (2015) 445,600 445,600 Wawr Constructi2n (2Q14 Continued} Continuing Columbia Water Supply Project 674 ,767 5,834,783 6,509 ,550 Continuing East Side Booster Station Upgrade (BS 2.1) 500,000 362,600 662 ,600 Continuing Butterfield WTP 24 ln. Valve Replace 260,000 (245 ,716) 245,716 260 ,000 Continuing Butterfield WTP • South Basin Drain By-Pas 70,000 (70,000) 70,000 70,000 2014 Supp New Butterfield WTP -Intake Screens 299,077 714,073 1,013,150 Di§f!ibl!flQn • Exten~IQ!J~ 2014 Supp New Wamett Pipeline 10,000 (10,000) 600,000 600,000 201 4 Supp New WTR line Ext • County Rd 1 00/Dent Rd 372,500 372,500 2014 Supp New 2014 Annual Water Line Ext 210,467 210,467 2014 Supp New Water Line Extension • PWRF 60,000 60,000 Total Water Construction (2014) 1,687,267 6,441 ,211 1,629,769 9,956,267 Water !:;Qnl!!l!CtiQn (NIW 2Q1~) P/1.11~ M§t«.s, & Puma S.tttioas 2015 New West Side Water Treatment Plant Filters 1,350,000 1,350,000 Di~llflllllis1!1. • E!tla~!QM 2015 New 2015 Annual Water line Upsize Match 100,000 100,000 2015 New W ater Line Ext · Chapel Hill Blvd. 16,000 16,000 Distribution • Rf!QII!{;l!ffl!!nl 2015 New 2015 Water Line Replacem ent 19000 19 000 Total Water Construction (2015) 1,467,000 1 ,467,000 Irrigation !:;on!!tructi2n (2014 CQn!lnued) Continuing Well House ·Linda Loviisa 59,900 59,900 Continuing 2013 Well House ·First Place 60,000 !59,656) 144 Total Irrigation Construction (2014) 119,900 !59,656) 60,044 lrrilllli!!D !<2!1i!ruc!iQn (N!w 2Ql ~I 2015New Well House Additions Road 52 65,000 65,000 2015 New Irrigation Line Ext · Chapel Hill 10,000 10,000 Totallrrig Construction (2015) 75,000 75,000 l!ewe[ !:;Qnltru!<tiO!l (2014 Continygd) Plant a!ld Lift Stations Co nti nuing 2013 WWTP Imp-Screw Press 500,000 500,000 Continuing WWTP • Primary Clarifier No. 3 2,340,000 201,506 2 ,541 ,506 Colle'-t!sl!!s -Extg_asiQns 2014 Supp New 30" Main (NW Area) 399,597 (232,597) 4 ,968,000 5,135,000 CQJ}f!g{Qn~ • R!!Dl/1.'-IH!l!!nls Continuing 201 4 Annual Sewer line Re-lining Program 400,000 (193,063) 162,992 369,929 Continuing West Pasco T runk Sewer Repair 445,000 !445,000) 1,315,000 1,315,000 Total Sewer Construction (2014) 4,064 ,597 !669,152) 6,465,992 9,861,437 S!!wer !:;QnS!!l!~!iQD I~IW 2Q1 ~~- Plaat and Lift St11,tions 2015 New Plant Roof Railing 125,000 125,000 2015 New Lift Station· Pea ~ Street 23 ,000 23,000 CQ//~g{Qn~ • Ext~nslon~ 2015 New 2015 Annual Sewer line Exte nsion 100,000 100,000 2015 New Chapel Hill Blvd. Extension· Sewer 350,000 350,000 Qol/er;;J/9_ns • ReQll!,!!ments 2015 New 2015 Annual Sewer Line Re-lining Program 110 000 110,000 Total Sewer Construction (2015) 706,000 706,000 PWRF !:;Qn!!l!l!C!iQ[! (2014 Continl!t!!l Continuing Phase 3 ·BOD Anaerobic Pond (8 MG) 2,1 00,000 (452,050) 1,647,950 Continuing Phase 3 • BOD-Screw Press 255,000 255,000 Continuing Phase 6 • Valve/Meter/SCADA 201 4 Replac 100,617 100,61 7 Total PWRF Construction (2014) 2,455,617 !452,050) 2,003,767 Stonnw;l!ler Con§!rl!~l!!!n (2014 Continue!!) 2014 Supp New Storm RetroFit ($100K of $170K) 100 000 100 000 Total Stonnwater Construction (2014) 100000 100,000 Stonnwal!r Conl!trl!~llon (NIW ~!115) Continuing Chapel Hill Blvd Extend • Stormwater 10000 10,000 Total Stonnwater Construction (2015) 10000 10,000 TOTAL CIP BUDGET 30,901 ,041 13,679,393 10,946 ,381 55,526,81 5 TOTAL 2014 CONTINUING 30,901 ,041 13,639,393 6,095,781 52,636,215 TOTAL 201 5 NEW 40,000 2,650,600 2,690,600 Section Two: This Ordinance shall be in full force and effect on January 1, 2015 PASSED by the City Council of the City of Pasco this 15th day of December, 2014. ATTEST: DEBRA L CLARK, CITY CLERK MATT WATKINS, MAYOR APPROVED AS TO FORM: LELAND B. KERR , CITY ATTORNEY AGENDA REPORT FOR: City Council d Dave Zabell, City Manager @ U November 18, 201 'f Rick White, /7J Community & Economic Development Director l{.,. TO: Workshop Mtg.: 11 /24/14 Regular Mtg. 12/01/14 FROM: Jeffrey B . Adams, Associate Planner SUBJECT: COMMERCIAL A VENUE RENAME (MF# ORD 2014-001): Renaming a section of Commercial A venue to Venture Road I. REFERENCE(S): 1. COMMERCIAL A VENUE RENAME-1966 Aerial Map 2. COMMERCIAL A VENUE RENAME -Vicinity Map 3. COMMERCIAL A VENUE RENAME-Proposed Ordinance II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 11/24: DISCUSSION 12/01: MOTION: I move to approve Ordinance No. renaming a section of ill. FISCAL IMP ACT: NONE Commercial A venue to Venture Road, and further, to authorize publication by summary only. IV. HISTORY AND FACTS BRIEF: A. Historically, East Lewis Street veered left (northeast) just past the current location of Heritage Boulevard and continued on in a relatively straight path toward Kahlotus as the Pasco/Kahlotus Highway. B. With the construction of Highway US-12 the first 5,700 or so feet of the Pasco/Kahlotus Highway was abandoned and East Lewis Street became the main US-12 crossing point. The Pasco/Kahlotus Highway was diverted southward to connect with East Lewis Street. C . When the Heritage Road/US-12 overpass was built that southward diversion of the Pasco/Kahlotus Highway was abandoned as part of the Highway, being renamed by Franklin County as Commercial Avenue. At the same time North Commercial Avenue was re-routed to connect with the now orphaned section of Dietrich Road, creating further street name confusion. These street name issues present navigation and possible public safety problems with the City's emergency response crews . D. In order to address these issues Planning Staff held a neighborhood information meeting on Tuesday July 29, 2014 to receive input from property owners and other concerned citizens. Invitation letters were sent to each owner and an ad was placed in the Tri-City Herald. There was no public attendance or participation at the meeting. One owner telephoned but did not voice any concerns about the proposed street name changes. E . After the meeting two follow-up letters were sent informing the property owners of the recommendation being sent to City Council and notifying them of the Council workshop so they could attend if they wished to voice concerns. V. DISCUSSION: A. Staff is recommending the Council rename a section of Commercial A venue to Venture Road, as depicted on the attached Vicinity Map. If Council concurs the proposed ordinance will be returned to Council for action on the December 1, 2014 Council Meeting 8(a) 1966 Arial Item:.Street ~arne Change-Comm. Ave. Ph Applicant: Ctty of Pasco ~N oto File#: ORD 2014-001 I . . . ' Vicinity Map Item: Street Name Change-Comm. Ave. Applicant: City of Pasco ~N File#: ORD 2014-001 ........ 4 Proposed Name Change .. '\. '" ORDINANCE NO. AN ORDINANCE CHANGING THE NAME OF A SECTION OF NORTH COMMERCIAL AVENUE TO VENTURE ROAD. WHEREAS, the identification of streets plays an important function in maintaining the safety and welfare of the public; and, WHEREAS, the street names are the principal means for the public to reference and locate properties in the city; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASIDNGTON, DOES ORDAIN AS FOLLOWS: Section 1. That a section of the former Pasco/Kahlotus Highway which was renamed by Franklin County as Commercial A venue, beginning at a point northeast of US-12 and continuing north and connecting with the Pasco/Kahlotus Highway as depicted on Exhibit # 1 be renamed Venture Road; Section 2. This ordinance shall be in full force and effect on March 15, 2015 as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of ------' 2014 . Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney 1 Exhibit #1 Item: Street Name Change-Comm. Ave. Applicant: City of Pasco ~N File #: ORD 2014-001 ~~TUs HIGHWAy -- 4 Proposed Name Change ~~"[ l,.EY;Y.I.S_e.L.,ACE.-,-,--...,--,--__ FOR: TO: AGENDA REPORT City Council _j Dave Zabell, City Manager ~ Rick White, f Community & Economic Development Director'?~ November 26 ,2014 Workshop Mtg.: 11/24114 Regular Meeting: 12/1/14 FROM: Shane O'Neill, Planner I SUBJECT: Code Amendment: Highway Follow-Through Signs CMF # CA2012-0 11) I. REFERENCES 1. Code Amendment Highway Follow-Through Signs-Proposed Ordinance 2. Code Amendment Highway Follow-Through Signs-Kiosk Sign Licensing Requirements 3. Code Amendment Highway Follow-Through Signs-Memo to the Planning Commission dated 10/16/2014 4. Code Amendment Highway Follow-Through Signs-Planning Commission Minutes dated 10/16/2014 II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 11/24: DISCUSSION 12/1: MOTION: III. FISCAL IMP ACT: NONE I moved to adopt Ordinance No. , an ordinance amending Title 17 providing for highway follow-through signs and , further , authorize publication by summary only. IV. HISTORY AND FACTS BRIEF: A. The Community & Economic Development Department received requests from private business owners to allow off-highway follow -through signs. These follow- through signs are a pre-requisite for some businesses to participate in the WSDOT on-highway logo program. B. The Washington State Department of Transportation (WSDOT) administers a type of on-highway business advertising program called the Motorist Information Sign Program whereby businesses meeting certain criteria collocate business logos on signs within the highway right-of-way. C. As a pre-requis ite to participate in the WSDOT Motorist Information Si gn Program, businesses which are not accessed di rec tly from the city street stemming from the highway off-ramp must have a type of directional sign called a follow -though sign. Currently, this requirement conflicts with provisions of Title 17 prohibiting "off- premise" signs. The attached Ordinance proposes to resolve this conflict. D. Since November 2013, the Planning Commission has held a series of workshop meetings to discuss the matter of highway follow-through signs in the city. E. The Planning Commission held three public heari ngs in February, March and October of2014. 8(b) V. DISCUSSION: A. During their workshops and subsequent hearings, the Planning Commission reviewed several sign locational options. Eventually it was decided that it would be appropriate to limit the signs to a 900 -foot radius of all freeway interchanges within the city. B. Notable aspects of the proposed code amendment include the following: Applicable to all freeway interchanges within the City; Limit of one sign structure in each direction of travel and within 900 feet ofthe off-ramp intersection; Construction design to WSDOT standards; Size limitations. C. Following considerable discussion on the matter the Planning Commission recommended the proposed Ordinance be approved by Council. D. The attached ordinance differs slightly from the ordinance presented to Council at the November 24, 2014 Workshop Meeting. On page 2 of the Ordinance, Section 17.13 .090( c) made an incorrect reference to limitations on overall height and has been stricken. Sign heights will be a function of the license agreement for the follow- through sign. Council will address height during their consideration of each license agreement. ORDINANCE NO. __ AN ORDINANCE of the City of Pasco, Washington, Amending Title 17 "Sign Code" Providing for Highway Follow-Through Signs. WHEREAS, signs are presently regulated by Title 17 of the Pasco Municipal Code; and WHEREAS, the Washington State Department of Transportation (WSDOT) regulates traveler and tourist services signage on Interstate 182, State Route 395, State Route 397 and U .S. Highway 12; and WHEREAS, WSDOT requires follow-through signs to guide travelers from highways to the location of the traveler and tourist services within the City; and WHEREAS, Title 17 of the Pasco Municipal Code contains provision to authorize off- premise direction sign kiosks for traveler and tourist services; and WHEREAS, it is in the public interest to provide services to travelers and to promote economic development within the city and to insure that qualified traveler and tourist services within the city are eligible to have signage on Interstate 182, Highway 395 , Highway 397 and U.S. Highway 12, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 17.03 entitled "Definitions" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follow: 57.01} SIGN-FOLLOW-THROUGH means a sign which identifies the location of a business for the purpose of participating in the Washington State Department of Transportation Motorist Information Sign Program. Section 2. That Chapter 17.13 .entitled "Off-Premise Signs" of the Pasco Municipal Code , shall be and hereby is amended and shall read as follow: 17.13.090 HIGHWAY FOLLOW-THROUGH SIGNS A) Location: To be determined by the City Engineer. Highway follow-through signs may be placed within the City right-of-way no further than 900 linear feet from the associated highway interchange as measured from the driving surface intersection of the State highway off- ramp and the City right-of-way. B) Number: A single follow-through sign structure shall be permitted for each direction of roadway travel. A maximum of two follow-through signs per freeway interchange shall be permitted. Ordinance Amending Title 17 - 1 C) Size: Follow throegfi sign plates shall not exceed one hencked t\vSBty (120) sqeare feet in area and shall not exceed an O'lerall sign struetm=e height of eight (8) feet. Follow- through signs plates shall not exceed a dimensional standard of ten (1 0) feet wide and twelve (12) feet tall. D) Duration: Follow-through signs may be removed by the City if the sign is observed to be in a state of disrepair or becomes unsightly as determined by the Community & Economic Development Director. A follow-through sign structure may be removed if the sign structure lacks advertisements for any business with an active city of Pasco business license. Individual business signs shall be removed from the follow-through sign within six months of business license expiration. E) Permitting: Follow-through signs may be permitted in commercial and industrial zones of the City through the building permit process in accordance with the standards listed herein. F) Materials : Follow-through signs shall be constructed of materials specified in Chapter 9-28 of the Washington State Department of Transportation Standard Specifications for Roads, Bridges and Municipal Construction (current edition). Generally, sign materials consist of a single sheet of aluminum sign plate with blue or brown reflective backing supported by a single metal sign pole. G) Content: Follow-through sign advertisements shall be limited to business logos identical to those used on the associated on-highway WSDOT motorist information sign and as regulated by the WSDOT Motorist Information Sign Program. H) Maintenance: The responsibility of follow-through sign maintenance shall be borne by those businesses advertising on the sign. I) Licensing: Follow-through signs are subject to the licensing requirements set forth under Section 17.13 .070. Section 6. This Ordinance shall take full force and effect five (5) days after its appro val, passage and publication as required by law. PASS ED by the City Council of the City of Pasco, Washington, and approved as provided· by law this __ day of 201 4 . Matt Watkins, M ayor ATTEST: APPROVED AS TO FORM: Debbie C lark, City Clerk Leland B. Kerr, City Attorney Ordinance Amending Title 17 -2 Reference #2 Title 17 -Signs Kiosk Sign Licensing Requirements 17.13.070 KIOSK LICENSES. All off-premise sign kiosks not erected by the City must be covered ·by a license prior to permitting. All licenses shall be approved by the City Council. At a minimum a licensee shall contain terms and conditions that will permit the location and construction of an off-premise sign kiosk. All licenses shall be prepared by the City Attorney and shall bind the licensee to strict construction, design, maintenance, and sign message conditions . Licenses shall be non-exclusive and will give the City the right to authorize or reject the placement of individual sign plates based upon their form, proportion, scale, color, materials, surface treatment, overall sign size, and the size and style of the lettering, without restriction by content. The licensee shall have an obligation to include sign plates of competing businesses or developments if said sign plates are approved by the City. Reference # 3 MEMORANDUM DATE: October 16, 2014 TO: Planning Commission FROM: Shane O'Neill, Planner I SUBJECT: Highway Follow-Through Sign Code Amendment (MF# CA 2012 -011) Many U.S. motorists with experience driving on our domestic freeways, highways and interstates are familiar with the Department of Transportation standardized on-highway business advertising sign program. These business advertising signs are a cluster of 3 square foot business logo signs placed on a single (usually blue) backing and include the associated exit number or distance measurement to the business. These signs are called General Motorist Service Signs; and are generally located well before the freeway exit where the business is located. The Washington State Department of Transportation (WSDOT) Traffic Manual contains a section on General Motorist Service Signs which requires off-highway follow-through signage when services are not readily visible from an interchange and when a business participating in the WSDOT on-highway .sign program does not have direct access to the roadway immediately extending from an off-ramp. Follow-through signing provides motorists (after being directed off the state highway) with confirmation to destinations. Currently, the fore mentioned requirement for follow-through signs conflicts with parts of Pasco's Sign Code (Title 17) which prohibit off-premise signs. An off- premise sign is defined as a sign that carries a message of any kind or directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located, or to which it is affixed. Because of this conflict staff is proposing to amend PMC Title 17 to permit follow-through signs as required for participation in the WSDOT on- highway sign program. In developing specific Code language Planning staff has coordinated with Engineering Department staff to ensure the proposal will function well and meets both department's needs. The proposed code amendment is attached. A majority of the newly proposed sign code language is contained on page nine . Highlights include: Applicable to all freeway interchanges within the City; Limit of one sign structure in each direction and within 900 feet of the off- ramp intersection; Construction design to WSDOT standards. Siz e limitations and allowable increases vi a special permit Reference # 3 Since the March 2014 Planning Commission public hearing staff has inserted additional language that would modify the proposed code amendment to include all interchanges within the city. The attached ordinance intends to eliminate any selective advantage to a given interchange or nearby property. The key to the follow-through signage is the ability to be a qualifying service (food, gas, lodging, recreational services, etc.) and be able to get the initial freeway WSDOT approved signage. With that unde rstanding -staff respectively requests the Commission discuss the appropriateness of the proposed amendment on a city-wide basis. H. Reference #4 Planning Commission Minutes October 16, 2014 Code Amendment Revisions to PMC Title 17 (Signs) dealing with Highway Follow-Through Signs (MF# CA 2011-011) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the code amendment for revisions to PMC Title 17 (Signs) dealing with highway follow- through signs. The Commission has seen this item several times. After meeting with the Department of Transportation, the Engineering Department and working out code language, a proposed ordinance that uses existing language in the sign code, will allow for highway follow-through signs with the same parameters that the Commission has given approval at previous workshops on this issue. It captures all of the permitting requirements necessary for the State Code. With no further comments the public hearing closed. AGENDA REPORT FOR: City Council November 25,2014 FROM: Dave Zabell, City Manager~ Stan Strebel, Deputy City Manag~ TO: Regular Mtg.: 12/1/14 SUBJECT: Purchasing and Surplus Policies I. REFERENCE(S): 1. Purchasing and Surplus Policies -Proposed Ordinance II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 12/1: MOTION: I move to adopt Ordinance No. __ , adding a new Chapter 3.85 III. FISCAL IMPACT: to the Pasco Municipal Code regarding purchasing; repealing Section 14.11.020; amending PMC Section 2.46.080 regarding the authority to sell personal property; and amending Chapter 2.56 regarding selection of consultants and, further, to authorize publication by summary only. IV. HISTORY AND FACTS BRIEF: Note: following Council discussion on 11/24, language regarding documentation and confirmation of telephone quotations was added at Section 3.85.020-C2. A) The City has a fairly complete set of purchasing polices regarding public works projects contained in PMC Chapter 14.11. Purchases in this category fall under specific guidelines pursuant to state law. B) The City lacks a comprehensive policy for non-public works purchases. Staff proposes the creation of a new PMC Chapter 3.85 as the logical place for such policies. The proposed ordinance outlines procedures for administering purchases of less than $35,000; for purchases of between $35,000 and $100,000 and for purchases of services. The authority of the City Manager to make purchases in amounts of up to $35,000 for services or up to $100,000 for products is limited by budget authority as described in the ordinance. C) The draft ordinance also includes a proposed revision to the limit of the value of surplus property that staff can sell without Council authorization, raising the amount from $500 to $10,000. The new limit is suggested as a means to provide staff greater flexibility in the disposal of surplus items in order to secure greater return available through emerging methods of disposal. V. DISCUSSION: A) Staff recommends Council approval ofthe attached ordinance. 8(c) ORDINANCE NO. __ _ AN ORDINANCE of the City of Pasco, Washington, establishing a new Chapter 3.85 "Purchasing" of the Pasco Municipal Code; repealing Section 14.11.020 "Purchase of materials, supplies or equipment not connected to a public works project under thirty-five thousand dollars ($35,000.00)"; amending Section 2.46.080 "Authority to Sell Personal Property''; and amending Chapter 2.56 "Selection of Architectural and Engineering Consultants." WHEREAS, the Washington State law (RCW 39.04 .1 90) authorizes the City Council to establish purchasing procedures and authorization for materials, supplies or equipment not connected to a public works project; and WHEREAS, in order to provide clearer direction to City staff for the authority and procedures for purchases of materials, supplies or equipment for the establishment of a vendor list for purchases in excess of$35,000; and WHEREAS, PMC 14.11.020, addressing the purchase and procedure for non-public work projects is more appropriate for inclusion within the new Chapter 3 .85 "Purchasing" and should be repealed to provide for such consistency; and WHEREAS, the City Council deems it advisable to amend Section 2.46.080 regarding the limits for administrative decision on the disposal of surplus personal property, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That a new Chapter 3.85 entitled "Purchasing" of the Pasco Municipal Code shall be and hereby is adopted and shall read as follows: Chapter 3 .85 PURCHASING Sections: 3.85 .010 Purchase of Materials, Supplies or Equipment in an Amount of $35,000 or Less, Not Connected to a Public Works Project. 3.85 .020 Purchase of Materials, Supplies or Equipment in an Amount Between $35,000 and $50,000, Not Connected to a Public Works Project. 3.85.030 Purchase of Services . 3 .85 .010 PURCHASE OF MATERIALS, SUPPLIES OR EQUIPMENT IN AN AMOUNT OF LESS THAN $35,000 , NOT CONNECTED TO A PUBLIC WORKS PROJECT. The City Manager is authorized to make purchases of any materials, supplies or equipment, not connected to a public works project as authorized in the City 's annual budget with sufficient funds available, where the cost will be less than $35,000 for such items, using such procedures as will best assure the lowest practical price for such items . 3.85.020 PURCHASE OF MATERIALS , SUPPLIES OR EQUIPMENT IN AN AMOUNT BETWEEN $35,000 AND $100,000, NOT CONNECTED TO A PUBLIC WORKS PROJECT. For the purchase of any materials, supplies or equipment in an amount between $35 ,000 and $100,000, not connected to a public works project, which purchase is included in the City's current annual budget and sufficient funds available, in lieu of informal or formal sealed bidding procedures , the City may use the following process: A) Publication of Notice. At least twice a year, the City shall cause to be published, in the City's official newspaper, notice of the existence of roster(s) of vendors for materials, supplies and equipment, and shall solicit names of vendors for the roster. The City may contract with Municipal Research and Services Center of Washington (MRSC rosters) to publish such notices on the City's behalf. B) Electronic Rosters. In addition to paper and/or electronic vendor lists kept on file in the appropriate City department, the City may also use the statewide electronic database as developed and maintained for that purpose, including that database maintained jointly by the Daily Journal of Commerce and the Municipal Research and Services Center of Washington (MRSC rosters). C) Telephone Quotations. The City shall use the following process to obtain telephone quotations from vendors for the purchase of materials, supplies , or equipment: 1) A written description shall be drafted of the specific materials , supplies, or equipment to be purchased, including the number, quantity, quality, and type desired, the proposed delivery date, and any other significant terms of purchase; 2) The responsible City staff member shall make a good faith effort to contact at least three of the vendors on the roster to obtain telephone solicitation quotations from the vendors for the required materials, supplies, or equipment. To the extent that it is possible all telephone quotations will be confinned via email or in writing to assure accuracy in the process: 3) The responsible City staff member shall not share telephone quotations from any vendor with other vendors solicited for the bid on the materials, supplies, or equipment; a. A written record shall be made by the City representative of each vendor's bid on the materials, supplies, or equipment, and of any conditions imposed on the bid by such vendor. D) Determining the Lowest Responsible Bidder. The City Manager shall purchase the materials, supplies or equipment from the lowest responsible bidder; provided that whenever there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the City may call for new bids. In addition to the price, the City may consider the following factors in determining the lowest responsible bidder: 1) The integrity, reputation, experience, ability and capacity of the bidder; 2) The quality ofthe articles to be supplied by the bidder; 3) Preference to Washington products and vendors as permitted by law ; 4) Conformity with City standards and compatibility with existing facilities; 5) The quality and efficiency of performance of previous contracts; 6) Timing and availability of delivery; and 7) Such other information that may assist in the decision to award the contract. Purchasing Ordinance Page2 E) Award. The responsible City staff member shall submit to the City Manager all telephone quotations and recommendations for award of the contract to the lowest responsible bidder. The City Manager shall review the quotation and recommendations by City staff and award the contract to the lowest responsible bidder. A written record of each vendor's quotations shall be made open to public inspection or telephone inquiry after the award of the contract. Any contract awarded under this subsection need not be advertised . 3.85 .030 PURCHASE OF SERVICES A) Architectural, engineering, surveying or landscape architectural services shall be procured under the provisions ofPMC 2.56. B) The procurement of other professional services, excluding those listed in sub section (A) shall be at the discretion of the City Manager and may or may not require adverti sing and a formal selection process, depending on the type and availability of such services. C) The City Manager is authorized to procure services for purposes as authorized in the City's annual budget with sufficient funds available, when the cost will be less than $35 ,000 for such services, using such procedures as required in thi s section, as applicable, or as will best assure the l owest practical price for such services . Section 2. That Chapter 14 .11 .020 entitled "Purchase of materials, supplies or equipment not connected to a public works project under thirty-five thousand dollars ($35 ,000.00)" of the P asco Municipal Code shall be and hereby is r epealed. 14.11.020 PURCHASE OF MATERIALS , SUPPLIES OR EQUIPMENT NOT CONNECTED TO A PUBLIC WORKS PROJECT ln'~DER THIRTY FIVE THOUSAND DOLLARS ($35,000.00). The City is not required to use informal or formal sealed bidding procedures or the procedures set forth ia this Chapter to purchase materials, supplies , or equipment for the purchase of any materials, supplies of equipmeat ·where the cost o f same will not eJ£ceed thirty five thousand dollars ($35,000.00). The City 'Nill attempt to obtain the lowest practical price for such goods and services. (Ord. 3930, 2009; Ord. 3844 , 2007) Section 3. That Secti on 2.46.080 is hereby amended to r ead as follows: 2.46 .080 AUTHORITY TO SELL PERSONAL PROPERTY. The supplies, materials, and equipment not needed for public use may be disposed of by the City pursuant to this section. A) P ersonal property with an estimated value, per item; of less than $.S.001 0,000 may be declared surplus by the City Manager and disposed of in a manner determined by the Manager to be most advantageous to the City, pursuant to Section 2.46 .090. B) Personal property valued in excess of $.§001 0,000, per item, may be declared surplus and disposed of with authorization from the City Council, including minimum sale price, if any, and the manner of disposal. D) Personal property may be traded as consideration in the acquisition of replacement personal property when such replacement property i s included as an authorized expenditure in the City's current operating budget. Purchasing Ordinance Page3 E) Salvage/junk metals that have accumulated for purposes of sale as scrap metals may be disposed of by the Department Head having responsibility for such materials, in which case the metals shall be sold to the local dealer(s) offering the best current market price per measured weight or volume determined by telephone survey or other reasonable means. (Ord. 3820, 2007; Ord. 2787 Sec. 1, 1990 ; Prior code Sec. 2 -11.04) Section 4. That Chapter 2 .56 is hereby amended to read as follows: Sections : 2 .56.010 Notice of City's Requirements for Professional Architectural and Engineering Services 2.56.020 Projects Contracts over +en-Thirty-Five Thousand Dollars Solicitation of Written Proposals 2.56.030 Director's Recommendation to City Council Manager 2.56.040 City Council Consideration 2 .56 .~040 Negotiation of Contract for Services Final Award Recommendation to City Council 2 .56.(}@050 Contracts for Architectural end Engineering Services Under +en-Thirty- Five Thousand Dollars 2 .56 .010 NOTICE OF CITY'S REQUIREMENTS FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES . Periodically, but not less often than once every two years , the Director of Public Works, the Director of Parks and Recreation, and the Director of Community Development shall give notice of the City's projected requirements for architectural and engineering services to the City Manager who shall convey said notice to the public and to the architectural and engineering professional communities throughout Washington State. Such notice shall encourage firms engaged in the practice of engineering and architecture to submit annually a statement of qualifications and performance data for consideration in selection of consultants to provide services to the City. 2.56 .020 PROJECTS CONTRACTS OVER TEN THIRTY -FIVE ($35,000) THOUSAND DOLLARS SOLICITATION OF WRITTEN PROPOSALS. In the case of each project to be undertaken by the City which will require architectural or engineering services which are likely to cost in excess of ten-th irty-five ($35,000) thousand dollars , the Director of Public Works, the Director of Parks and Recreation, or the Director of Community Development, as the case may be, after receiv ing the approval of the City Manager, shall solici t written proposals from a minimum of five firms, which, based upon the statements of qualifications on file with the City and other available information, appear to be the most qualified firms to provide the particular services required . Each written proposal shall include the following: A) Evidence ofthe firm's current ability to provide the required services; B) A propos ed scope of work to be provided; C) The proposed total cost of providing the services on a fixed fee basis not on an hourly and/or overhead multiplier basis A discussion of the relative utility of alternative methods of approach for furnishing the required services; D ) A current statement of references and any other information that w ill be h elpful in evaluating the applicants' qualifications for the proposed project. Purchasing Ordinance Page4 2 .56.030 DIRECTOR'S RECOMMENDATION TO CITY COUNCIL MANAGER. After receiving and reviewing the written proposals, the department head Department Director shall submit his recommendations to the City Manager as to the ranking of the most qualified provider~ of the required services and as to a fair and reasonable price for said services. If found satisfactory, the City Manager shall make a recommendation to the Council, accompanied by a copy of each of the vmtten proposals received . The City Manager shall consider the recommendation of the Department Director and the written proposals and if he/she is in agreement with the determination of the most qualified provider of the needed services, may authorize the Department Director to enter into negotiations with the most qualified provider in the effort to secure an offer for provision of the services at a price not exceeding the price determined to be fair and reasonable. 2.56.010 CITY COUNCIL CONSIDERATION. The City Council shall consider the recommendation of the City Manager and the department head and the written proposals and shall make a detennination of the most qualified provider of the needed services and shall detennine the fair and reasonable price of said services and may authorize the City Manager and/or department head to enter into negotiations with the most qualified provider in the effort to secure an offer for provision of the services at a price not exceeding the price determined to be fair and reasonable. The Council shall also rank the prospective providers other than the one detennined to be most qualified in order of their qualifications or may authorize the City Manager and/or the department head to determine such ranking 2.56 J)W-040 NEGOTIATION OF CONTRACT FOR SERVICES FINAL AWARD RECOMMENDATION TO CITY COUNCIL. Upon receiving authorization to enter into negotiations, the City Manager and/or department head shall attempt to secure an offer from the provider of services determined to be most qualified at a price not exceeding the price determined to be fair and reasonable. If such an offer cannot be secured, the City Manager and/or the department head may enter into negotiations with the next most qualified provider of s ervices and shall continue in this manner until an acceptable offer has been secured. Once an acceptable offer has been obtained, the department head Department Director through the City Manager shall forward his recommendations regarding the offer to the City Council wfie-which may authorize final award of the contract. 2 .56 .~050 CONTRACTS FOR ARCHITECTURAL AND ENGINEERING SERVICES UNDER TBN-THIRTY -FIVE ($35,000) THOUSAND DOLLARS. In the case of City projects requiring architectural and/or engineering services which are anticipated to cost less than ten-thirty-five ($35,000) thousand dollars, the department head Department Director shall solicit proposals from qualified providers of such services and shall determine the most qualified applicant and a fair and reasonable price, and shall attempt to negotiate a contract in accordance with said determination and shall submit the contract to the City Council Manager for final approval after receiving the approval of the City Manager. Section 5. Severability. If any term, condition, or provision of this Chapter shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding on the franchisee and the City. Purchasing Ordinance Page 5 Section 6. This Ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of December 1, 2014. Matt Watkins, Mayor ATTE ST: Debra Clark, Ci ty Clerk APPROVED AS TO FORM : Leland B. Kerr, City Attorney Purchasing Ordinance P age6 AGENDA REPORT FOR: TO : City Council Dave Zabell, City Managef!IJ Rick White, ~ ~ Community & Economic Development Director y\f Nov ember 24,2014 Regular Mtg.: 12/1/14 FROM: Shane O'Neill, Planner I SUBJECT : REZONE: (MF# Z2014-006) Rezone Property from "0" (Office) to R-1 (Low- Density Residential). I. REFERENCE(S): 1. Steltenpohl Rezone -Vicinity Map 2. Steltenpohl Rezone-Proposed Ordinance 3 . Steltenpohl Rezone -Report to the Planning Commission 4 . Steltenpohl Rezone-Planning Commission Mi nutes : Dated 10/16/14 & 11120/14 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/1: MOTION: I move to adopt Ordinance No. , rezoning the property located at 704 W. Margaret Street from "0 " to R-1, and further, authorize publication by summary only. III. FISCAL IMPACT: N ON E IV. H I STORY AND FACTS BRIEF: A . On October 16, 2014 the Planning Commission conducted a public hearing to determine whether or not to recommend rezoning 704 W. Margaret Street from "0" to R -1. B . Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend a change in zoning for the property in question. C. N o written appeal of the Planning Commission's recommendation has been received. 8(d) Vicinity Map Item: Rezone -Office to R -1 Applicant: Charles Steltenpohl File #: Z 2014-006 ORDINANCE NO. __ _ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF PROPERTY LOCATED AT 704 WEST MARGARET STREET FROM "0" (OFFICE) TO R-1 (LOW-DENSITY RESIDENTIAL). WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from "0" (Office) to R-1 (Low-Density Residential) for the real property as shown in the Exhibit "1" attached hereto and described as follows: Lot 29, except the east 5 feet of the south 50 feet of said lot and the north 65 feet of Lots 30-31 Block 7, Sylvester's Addition Section 2. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. Passed by the City Council of the City of Pasco this 1st day of December, 2 014. Matt Watkins, M ayor ATTEST: APPROVED AS TO FOR: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Exhibit '1' Item: Rezone-Office to R-1 Applicant: Charles Steltenpohl File #: Z 2014-006 HENRYST I I I I I I I I I ~ ,.------, ~ ~ ~ ~~~~ = ~ ~ 1-----------i ~ PARKST \ 1 1 I I \ ~ ~ N 1 t REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2014-006 HEARING DATE: 10/16/2014 ACTION DATE: 11/20/2014 APPLICANT : Charles Steltenpohl 3005 Road 56 Pasco , WA 99301 BACKGROUND REQUEST: REZONE: Rezone from '0' (Office) to R -1 (Low-Density Residential) 1. PROPERTY DESCRIPTION: Legal: Parcel # 112-131-158: Lot 29, Sylvester's Addition , except the east 5 feet of the south 50 feet and the north 65 feet of Lots 30 to 32, Block 7 General Location: 704 W. Margaret Street Property Size: The parcel is 7,500 square feet or approximately 0.17 acres 2. ACCESS: The site is a corner lot fronting both W . Margaret Street and 5th Avenue; with secondary access from the adjacent alley to the south. Alley access is obstructed by a detached accessory structure. There are no driveways and therefore no off-street parking on-site. 3. UTILITIES: Municipal sewer and water currently serve the site from the adjacent alley. 4 . LAND USE AND ZONING: . The site is currently zoned '0' (Office) and contains a commercial building. Surrounding properties are zoned and developed as follows: NORTH: 0 -Commercial Office SOUTH: R -1 -Single-Family Residences EAST: C -1 -Commercial Offices WEST: R -1 -Single-Family Residences 5 . COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Low Density Re sidentia l uses which allows for the assignment of single-family residential zoning districts. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA c hecklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) h as been issued for t his project under WAC 197 - 11 -158. 1 ANALYSIS Charles Steltenpohl has filed an application to change the zoning designation of 704 W. Margaret Street from '0' (Office) to R-1 (Low-Density Residential) which would allow the existing structure to be used as a single-family residence. The site contains a single story brick building originally constructed in 1957 as a duplex which was later converted into a medical office . Medical offices operated in the building until 2010 with the benefit of a City of Pasco business license (#2505). The City's Comprehensive Plan designates this site for Low Density Residential land uses which allows assignment of a variety of single-family zoning districts. Of the allowable zones under the Low Density Residential designation, the R-1 zone permits the highest residential density at a rate of one dwelling unit for every 7 ,200ft2 of land area or approximately 6 units per acre. Other zoning districts allowed under the Low Density Residential land use designation are suburban (RS-1, RS -12 and RS-20). Although similar in terms of land use intensity, single-family residences are generally considered to be a less intensive than commercial offices . Office zoning and residential zoning are two zoning types that are frequently viewed as harmonious and compatible with one another. It follows that this application proposes to reduce the intensity of permitted uses on-site. For this reason the proposal is not likely to have disruptive effects on surrounding homes and offices. Changing the zoning classification of the site will likely provide the owner the opportunity to convert the building to a single-family home and allow the property to be sold as such Zoning Configuration: The subject site together with the site directly to the north, represent a "spot" of isolated office zoning amongst an otherwise uniform R -1 zoned neighborhood. In this location 5th Avenue serves as the eastern boundary of the Sylvester's Addition residential neighborhood. Despite their R-1 zoning, parcels to the east are not residential land uses; they are offices, Lourdes hospital and the courthouse . From an academic planning perspective there is merit in increasing the uniformity of the R-1 zoning in this residential vicinity. 2 The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The current zoning classification was established over 35-years ago. 2. The changed conditions, which are alleged to warrant other or additional zoning: For approximately 1 00-years the Sylvester's Addition neighborhood has been developed largely with single-family homes. A small number of duplexes are present in the vicinity. The subject site and the parcel directly to the north are ones which at some point were converted to offices; they are the exception to the intended character of the neighborhood. According to the current owner, the sites' lack of off-street parking has been detrimental to the commercial viability of the property as an office. The most recent change in conditions is the assignment of Office zoning to the subject parcel. This zoning has ceased to be needed and the owner requests to revert back to the original zoning. 3 . Facts to justify the change on the basis of advancing the public health, safety and general welfare: There is merit in enhancing the predictability of the areas' zomng district boundaries, a concept which would be promoted by approving this rezone application. The lifestyles of adjacent residents may benefit from converting the sites' use and zoning by way of enhancing the uniformity of conduct in the neighborhood. 4 . The effect it will have on the value and chara.cter of the adjacent property and the Comprehensive Plan: A change in zoning classification as requested will promote land use goals illustrated in the Comprehensive Plan Land Use Map . In the Comprehensive Plan the surrounding vicinity has been assigned a ((low-density residential" land use designation which encourages the application of single-family residential zoning. It is unlikely that converting the sites' zoning and use from office to residential will affect the value of surrounding properties either positively or negatively. 5. The effect on the property owner or owners if the request is not granted: Without transitioning the site to a residential zoning classification the site may remain vacant for an extended period of time. Vacant sites are generally considered a detriment to neighborhoods and run the risk of becoming blighted. 3 STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is currently zoned Office (General Business). 2 . The site is approximately 0.17 acres in area. 3 . The site .occupies a corner location; bordering West Margaret Street and 5th Avenue. 4 . The site contains a commercial office building. 5. The structure on-site was originally constructed as a residential duplex. 6 . The applicant is requesting R-1 (Low-Density Residential) zoning be assigned to the site. 7. The Comprehensive Plan identifies the site and much of the vicinity for Low-Density Residential uses which allows assignment of a range of single-family residential zones including R-1 (Low-Density Residential). 8 . The R-1 zone is the highest density allowed under the Low-Density Residential land use designation, allowing 6 dwelling units for every One ( 1) acre of land area. 9. Municipal water and sewer currently serve the site from the adjacent alley. 10. The neighborhood to the west is zoned R-1 and contains primarily single- family residences . CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which t o dra w its c onclusions based upon the criteria listed in PMC 25.86 .060. The criteri a are as follows : 1. The proposru is in accordance with the goals and polic ies of the Comprehensive Plan. The proposal is consistent with the Comprehensive Plan Land Use Map and several Plan policies and goals. Land Use Policy LU-3-B encourages ((infill" development while H -2-A suggests the City permit a full range of residential environments. Housing Policy (H-B-A) encourages standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses. Although development is not the proposed result of 4 this application, the change in zoning classification would enhance the compatibility with land uses in the vicinity to the west. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The proposed R-1 zoning will permit the site to be used residentially. The site was originally developed for residential uses. Franklin County property value research indicates that homes do not negatively affect the values of other surrounding homes. Prospective home buyers are more likely to purchase a home neighboring other homes than they would buy a home adjacent to a commercial office. 3. There is merit and value in the proposal for the community as a whole. Assignment of residential zoning will contribute to the residential character matching much of the vicinity. There is merit in enhancing the predictability of zoning district boundaries, a concept which would be promoted by the proposed change in zoning classification. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. No special conditions are proposed. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the November 20, 20 14 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council approve the rezone from Office to R-1 for 704 W. Margaret Street. 5 Vicinity Map Item: Rezone-Office to R-1 Applicant: Charles Steltenpohl File #: Z 20 14-006 Land Use Item: Rezone -Office to R -1 J M Applicant: Charles Steltenpohl N ap File #: Z 2014-006 ' HENRYST Public/Government Single-Family Residences I VI I I I Office MARGARETST !SITE ~ ~~ ~ > = -< ~ SFR = E-i = E-i ~ E-1 l() Offices ...... Single-Family Residences PARKST ~---~ Parkin~ Hospital t I I \ Zoning Map Item: Rezone-Office to R-1 Applicant: Charles Steltenpohl File #: Z 20 14-006· HENRYST I I I II II rTn R-1 R-1 (Low-Density Residential) I "0" I I ~ ~ C-1 ~ ~ > ~ I, I I ! ! ! ! ~ ~ (Retail Business) e R-1 • I (Low-Density Residential) • PARKST ~ \ R-1 i I I I \ ~ N 1 ~ . ·j·.,.,,-- ;_,/ ; j' '(,· I . I c. Rezone Planning Commission Minutes October 16, 2014 Rezone from "0" (Office) to R-1 (Low Density Residential) (Charles Steltenpohl) (MF# Z 2014-006) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the rezone application from "0" (Office) to R-1 (Low Density Residential). The proposed rezone would allow the existing structure on the site to be used as a single-family residence. Originally it was constructed in the late 1950's as a duplex and later converted to a medical office. The Comprehensive Plan designates the site for low-density residential uses and there is R-1 Zoning to the west and northwest and Office Zoning directly across the street and behind t he property, however Office Zoning and Reside ntial Zoning are ofte n harmonious. Charle s Steltenpohl , 3005 Road 56 , the applicant, stated one of the main issues with the property has been parking causing it to be unattra ctive for businesses uses. Converting to residential will make the property more attractive. With no further questions or comments the public hearing closed. Commissione r Polk asked if it c urrently being used as a single-family residence or office . Mr . Steltenpohl stated that it is used as a single-family residence. Commissioner Greenaway moved, seconded by Commissioner Polk, to close the public hearing on the proposed rezone and initiate deliberations and schedule the adoption of findings of fact and co nclusions and a r ecomme ndation for C ity Council for the Nove mbe r 2 0, 2 014 meeting. The mot ion p a sse d u nanimously. B. Rezone PLANNING COMMISSION MINUTES 11/20/14 Rezone from "0" (Office) to R-1 (Low Density Residential) (Charles Steltenpohl) (MF# Z 2014-006) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director , discussed the rezone application from "0" (Office) to R-1 (Low Density Residential). He s tated that there have been no changes since the previous meeting. Commissioner Khan moved, seconded by Commissioner Polk, to adopt the findings of fact and conclusions the refrom as contained in the November 20, 2014 staff report. The motion passed unanimously. Commissioner Khan moved , seconded by Commissioner Polk, based on the fmdings of fact and conclusions as adopted the Planning Commission recommend the City Council approve the rezone from Office to R-1 for 704 W. Margaret Street. The motion passed unanimously. AGENDA REPORT FOR: City Council November 21, 2014 Dave Zabel!, City Manage!f) Rick White, I] J Community & Economic Development Director y-V TO: Regular Mtg.: 12/1114 FROM: Dave McDonald, City Planner SUBJECT: HERITAGE INDUSTRIAL REZONE: (MF# 22014-005) Rezone from I-1 (Light Industrial) to I-2 (Medium Industrial). I. REFERENCE(S): 1. Heritage Industrial Rezone -Vicinity Map 2. Heritage Industrial Rezone -Proposed Ordinance 3. Heritage Industrial Rezone -Report to the Planning Commission 4. Heritage Industrial Rezone-Planning Commission Minutes: Dated 10/16/14 & 11 /20/14 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/1: MOTION A: I move to adopt Ordinance No. , rezomng the Heritage Industrial site from I-1 to I-2 with a concomitant agreement, as recommended by the Planning Commission, and further, authorize publication by summary only. 12/1: MOTION B: . III. FISCAL IMPACT: NONE I move to authorize the Mayor to execute the concomitant agreement for the Heritage Industrial Rezone . IV. HISTORY AND FACTS BRIEF: A. On October 16, 2014 the Planning Commission conducted a public hearing to determine whether or not to recommend rezoning the Heritage Industrial area south of "A" Street from I-1 to I-2 . B. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend a change in zoning for the property in question. C. No written appeal of the Planning Commission's recommendation has been received. VI . DISCUSSION: A. The proposed rezone is somewhat unique in that the City owns about forty acres within the rezone site. For the recommended concomitant agreement to be valid it needs to be signed by an authorized representative of the City. Motion B provides the authorization for the Mayor to execute the agreement. 8(e) Vicinity Map Item: Rezone from 1-1 to 1-2 Applicant: Columbia East et al. File#: Z 2014-005 ORDINANCE NO. ---- AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF PROPERTY LOCATED IN THE HERITAGE INDUSTRIAL AREA SOUTH OF "A" STREET WEST OF ROAD 40 EAST FROM I-1 (LIGHT INDUSTRIAL) TO I-2 (MEDIUM INDUSTRIAL). WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map , accompanying and being part of said Ordinance shall be and hereby is changed from I-1 (Light Industrial) to I-2 (Medium Industrial) for the real property as shown in the Exhibit "1" attached hereto and described as follows: The NE 14 of Section 33 , T9N, R29E , WM except the northerly 330 feet thereof and Lot 4, Binding Site Plan 2010-02, together with the NE 14 of theSE 14 of Section 33, T9N, R29E, WM lying northerly of the railroad right-of-way together with theSE 14 of the NW ~ of said Section 33, less that portion for the NPRR right-of-way, Except that portion described in Auditors File #523713; and NW 14 of the SE 14 of said Section 33, Except the SP & S right-of-way and theN 12 of theN Yz ofthe SW ~ of Section 34 , T9N, R30E, W .M. (Parcel #'s 112540019, 112470014 , 112510060, 112430021, 112530053 & 112510079) Section 2. That the change of the zoning classification as pr.ovided in Section 1 is contingent, and conditioned upon the execution and compliance with a Concomitant Agreement entered into between the Petitioner and the City which will attach to and run with the real property described in Section 1 above. Said Concomitant Agreement is attached to this Ordinance as Exhibit No "2". 1 Section 3. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. Passed by the City Council of the City of Pasco this 1st day of December, 2014. ~attVVatkins,~ayor ATTEST: APPROVED AS TO FOR~: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney 2 Exhibit 1 3 Exhibit 2 CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Pasco, Washington, a non-charter code city, under the laws of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of property within its jurisdiction; and WHEREAS, the Owner(s) of certain property have applied for a rezone of such property described below within the City's jurisdiction; and WHEREAS, the City pursuant to R.C.W. 43 .12(c), the State Environmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone; and WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance with the Pasco Municipal Code provisions relating to the use and development of property situated in the City of Pasco, described as follows: The NE 'l-1 of Section 33, T9N, R29E, WM except the northerly 330 feet thereof and Lot 4, Binding Site Plan 2010-02, together with the NE 'l-1 of theSE 'l-1 of Section 33, T9N, R29E, WM lying northerly of the railroad right-of-way together with the SE 'l-1 of the NW 'l-1 of said Section 33, less that portion for the NPRR right-of-way, Except that portion described in Auditors File #523713; and NW 'l-1 of the SE 'l-1 of said Section 33, Except the SP & S right-of-way and the N ~ of the N ~ of the SW 'l-1 of Section 34, T9N, R30E, W.M. (Parcel# 112540019, 112470014, 112510060, 112430021, 112530053 & 112510079) WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insure compliance with the Pasco Zoning Code, and all other local, state and federal laws relating to the use and development of the above described property; and WHEREAS, the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this concomitant agreement, NOW, THEREFORE, In the event the above-described property is rezoned by the City of Pasco from 1-1 (Light Industrial) to 1-2 (Medium Industrial) and in consideration of that event should it occur, and subject to the terms and conditions hereinafter stated, the applicant does hereby covenant and agree as follows: 1. The Owner(s) promise to comply with all of the terms of the agreement in the event the City, as full consideration herein grants a rezone on the above-described property. 2. The Owner( s) agrees to perform the terms set forth in Section 4 of this agreement. 3. This agreement shall be binding on their heirs, assigns , grantees or successors in interest of the Owner( s) of the property herein described. 4 4. Conditions: Exhibit 2 A. The following Permitted and Conditional Uses in the Medium Industrial District are prohibited: 1) Slaughterhouses and stockyards; 2) Cement manufacturing; 3) Distillation ofbones; 4) Fat rendering; 5) Garbage, offal, or dead animal reduction or dumping; 6) Race tracks and courses for the conduct of seasonal or periodic racing; 7) Junk yards, automobile wrecking yards and scrap iron yards; 8) Asphalt or concrete batch plant; B. The following uses are permitted with restrictions as indicated: 1) Scrap paper and rag storage, sorting and bailing shall only be permitted if such activity occurs within a building. The person( s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above-described property: Owner: ________________ _ STATE OF WASHINGTON) County of Franklin ) ss. ) On this __ day of , 2014, before me, the undersigned, duly commissioned and sworn, personally appeared to me known to be the individual(s) described above and who executed the within and foregoing instrument as an agent of the owner(s) of record, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this __ day of -------' 2014. Notary Public in and for the State of Washington, residing at------- **** Owner: ________________ _ 5 STATE OF WASHINGTON ) County of Franklin ) ss. ) Exhibit 2 On this __ day of , 2014, before me, the undersigned, duly commission ed and sworn, personally appeared to me known to be the individual(s) described above and who executed the within and foregoing instrument as an agent of the owner(s) of record, and acknow ledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this __ day of ------' 2014. Notary Public in and for the State of Washington, residing at------- **** Owner: ________________ _ STATE OF WASHINGTON ) County of Franklin ) ss. ) On this __ day of , 2014, before me, the undersigned, duly commissioned and sworn, personally appeared to me known to be the individual(s) described above and who executed the within and foregoing instrument as an agent of the owner(s) of record, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this __ day of -------' 2014. Notary Public in and for the State of Washington, residing at------- * * * * 6 REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2014-005 APPLICANT: TippettjLampsonjCity HEARING DATE: 9/18/2014 & 10/16/14 2815 St Andrews Loop# F ACTION DATE : 11/20/2014 Pasco WA 99301 BACKGROUND REQUEST: REZONE : Rezone from I-1(light Industrial) to I-2 (Medium Industrial) 1. PROPERTY DESCRIPTION: Legal: Parcel #'s 112540019, 112470014, 112510060, 112510079, 112530053 and 112430021. General Location: South of "A" Street north of the Port of Pasco and west of Road 40 East. Property Size: The combined area of the parcels is 365 acres. 2. ACCESS: The parcels are accessible from Road 40 East. Currently there is not dedicated right-of-way from "A" Street. 3. UTILITIES: All municipal utilities are currently available in Road 40 East. A 16 inch water main also runs east and west through the western half of the property and along the western boundary. This 16 inch line reduces down to a 12 inch line through the eastern half of the property. 4. LAND USE AND ZONING: The parcels are currently zoned RT (Residential Transition) and are vacant. Surrounding properties are zoned and developed as follows: NORTH: SOUTH: EAST: WEST: 1-1 1-3 & 1-1 1-1 1-1 -Vacant/salvage yard/temp office rental -Port of Pasco / Vacant -Vacant/farm land -Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the property for industrial uses. Land Use Goal ED-2 encourages the appropriate location and design of commercial and industrial facilities within the city. Policy ED-2-B encourages the development of a wide range of industrial uses strategically located within the community to support local and regional needs. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) has been issued for this project under WAC 197- 11-158. ANALYSIS The applicants have applied to change the zoning designation of their property from 1-1 (Light Industrial) to 1-2 (Medium Industrial). The subject site is comprised of five parcels of land located west of Road 40 East between the Port of Pasco on the south and "A" Street on the north. The site contains about 365 acres of land which is mostly in agricultural production. The Comprehensive Plan designates site for Industrial land uses that are permitted in the I-1 through I-2 zoning districts. The I-3 District is only applicable to the Big Port of Pasco area to the south of the site. The City has been working with the Port and property owners for many years to encourage industrial development on the site. Approximately 12 years ago the City contracted with a land use consulting firm to develop a sub-area land use plan for much of the area located between Oregon Avenue, Cedar Street and SR 12. The result was the Sacajawea Industrial Area and Circulation Concept Plan which identified future streets, rail corridors and land uses for t he area. Following the Concept Plan, the City constructed the Heritage Boulevard truck route connecting "A" Street with the Lewis Street Interchange in 2005. A rail spur was also recently added to the rezone site more or less following the direction of the referenced Concept Plan. The rail spur was a joint project of the Port, City, Franklin County and property owners. For marketing purposes the Sacajawea Industrial Area has been renamed as the Heritage Industrial Area. The future street network though the Heritage Industrial Area was further refined with the completion of the Tank Farm Road Interchange Study completed in 2008. The Heritage Industrial Area will eventually be connected to SR 12 through two freeway interchanges. To assist with preserving the Heritage Industrial Area for future industrial development the City acquired 15 acres of land between Elm Street and Cedar Street in 2009 and then in 2011 acquired the old Western Meats property. These properties were cleaned up to look more presentable. About 12 years ago the BNSF built a rail yard between the rezone site and the Port of Pasco. This rail yard contains 7 miles of track and high intensity lighting to permit work 24 hours a day if necessary. 2 Prior to the development of the industrial park concept plan the City installed a 16 inch water main through the center of the westem half of the property proposed for the rezone. A 12 inch water line is also located in the eastern half of the property. In 1999 the City in conjunction with the Port installed a 21 inch sewer main along the southern boundary of the rezone. That line also was extended a short distance north in Road 40 East. In 2004 the sewer line was extended all the way to "A" street. The rezone site is now severed by both a major sewer line and a major water line. The above items can be considered changing conditions that would merit consideration of a rezone for the property. Another changing condition in the community is the fact that the Pasco Processing Center no longer has large enough parcels of land to accommodate another food processing plant. The Processing Center is essentially full and there is no other land available with a rail spur that would permit the development of a full range of food processing plants. The Processing Center was zoned 1-2 and developed with a rail spur specifically for the food processing industry. The initial review criteria for considering a rezone application are explained in PMC. 25.88 .030. The criteria are listed below as follows: 1. The date the existing zone became effective : The current zoning classification was established in 1979 when the property was annexed to the City. 2. The changed conditions, which are alleged to warrant other or a dditional zonmg: The City, Port and property owners have been posturing the property for industrial development for many years. The site has been identified as the Heritage Industrial Park by the City . The Heritage Boulevard truck route was constructed in 2007 to provide a link between ((A" Street and the Lewis Street Interchange. Planning for the Tank Farm Road Interchange on Highway 12 identified the general location of future street connections from the end of Heritage Boulevard to the Tank Farm Road Interchange that will traverse the rezone property. The old ((Pig Farm" site to the west and north has been razed and cleared and the City purchased the Western Meats packing facility and other properties to support industrial development in the area. A rail spur was constructed though the property last year. Construction of the spur was a joint project between the City, Port, Franklin County and property owners. The Burlington Northern and Santa Fe railroad constructed a rail yard between the property and the Port of Pasco over 12 years ago. Seven miles of rail track are 3 now located in the area. The Port of Pasco was annexed and zone I-3 (Heavy Industrial) in 1994 and since that time the Port has made significant improvements to infrastructure in the area to further support industrial development. A major industrial sized water line was located through the property to support future industrial development in the late early 1980's. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Rezoning the property will support past public and private efforts and expenditures to posture the property for major industrial development. By expanding opportunities for industrial development the city will be expanding employment opportunities and the tax base thereby advancing the general welfare of the community. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: The comprehensive Plan designates the site for Industrial development. Policies (ED-2-B) of the plan encourage the development of a wide range of industrial uses strategically located within the community to support local and regional needs. There will be little immediate impact to surrounding properties which are currently zoned either I-3 or I-1. Development of large industrial plants on the site may encourage the development of support related facilities (trucking, packaging suppliers, repair facilities, cold storage, raw product storage etc.) on adjacent properties. For example support facilities were co nstructed in and near the Pasco Processing Center after the food processing plants were built. 5. The effect on the property owner or owners if the request is not granted: Without the rezone the site may be less attractive for the development of industrial plants and the public and private expenditures to position the property for industrial development will not provide a positive return for the community. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initia l findings drawn from the background and analysis section of the staff report. The Planning Commission m ay add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is comprised of five tax parcels. 4 2. A majority of the site is being farmed. 3. The site is approximately 365 acres in area. 4. The site is currently zoned I-1 (Light Industrial). 5. The applicant is requesting the I-2 (Medium Industrial) zoning. 6. The Comprehensive Plan designates the site for industrial development. 7. In the early 2000's the City contracted with a consultant to develop an industrial land use and circulation concept plan for the property included within the rezone request area. 8. The concept plan referenced in# 6 generally identified the future location of major streets and rail spurs through the rezone site. 9. The City constructed the Heritage Boulevard truck route connecting "A" Street to the Lewis Street Interchange. 10. The City, Port and property owners recently constructed a rail spur through the rezone site. 11. The BNSF built a rail yard between the Port of Pasco and the rezone site about 12 years ago. This yard contains seven miles of track 12. The Comprehensive Plan designates the properties for industrial land uses. 13. In the mid-1990s the City and the Port jointly developed the Pasco Processing Center. The Port developed the industrial park on Industrial Way and the City built an industrial waste water facility to support the industrial park. 14. The Pasco Processing Center is essentially built out and cannot accommodate any additional food processing plants. 15. The Pasco Processing Center was zone I-2 and contains a rail spur. 16. There are no more I-2 industrial sites within the City with a rail spur. 17. The Port of Pasco is located to the south of the rezone site and is zoned I- 3. 18. A 12 inch and 16 inch water line was installed through the rezone site in the early 1980's. 19. A 21 inch sewer line w as installed along the south boundary of the rezone site in 1999 and completely extend up Road 40 East to "A" Street in 2004. 2 0. The I -2 District permits the location of junkyards, automobile wrecking yards and scrap iron yards. 5 21. Conditional uses permitted through the special permit process in the I-2 District include: (1) Slaughterhouses and stockyards; (2) Acid manufacture or wholesale storage of acids; (3) Cement, lime, gypsum, or plaster of paris manufacture; (4) Distillation of bones; (5) Manufacture of explosives or storage of explosives, including gases; (6) Fat rendering, fertilizer, gas or glue manufacture; (7) Garbage, offal, or dead -animal reduction or dumping; (8) Petroleum or petroleum products refining; (9) Smelting or reduction of ore or metallurgical products; ( 1 0) Foundry casting of nonferrous metals or electric foundry causing noxious fumes or odors; ( 11) Race tracks and courses for the conduct of seasonal or periodic racmg; (12) Asphalt or concrete batch plant; and (13) Commercial composting facilities. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the Comprehensive Plan Land Use Map and several Plan policies and goals. Land Use Policy LU-3-B encourages ((in.fill" development while H -2-A suggests the City permit a full range of residential environments. Housing Policy (H-B-A) encourages standards that control the scale and density of accessory buildings and homes to maintain compatibility with other reside ntial uses. 2 . The e ffect of the proposal on the immediate vicinity will not be materially detrimental. All properties surrounding the sit e are zoned for industrial development (1-1 or 1- 3 ) with the exception of a small area to the northwest owned by the city which is zoned C-3 . Developm e nt on the s ite may be beneficial to surrounding properties in that industrial s upport services may locate on these properties. Industrial development in the Pasco Processing Center lead to ancillary developed on other properties in the area. 3. There is merit and value in the proposal for the community as a whole . 6 There is merit in developing vacant parcels within the City in accordance with the goals and policies contained in the Comprehensive Plan. The proposed zoning is consistent with the Plan's Land Use Map. Encouraging the development of more industrial facilities in the community has merit as a whole for the increase in employment opportunities it creates and increase in the tax base without a corresponding increased need for public services as is the case with residential development. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The I-2 zone permits the location of salvage yards and wrecking yards. The rezone could be conditioned to address concerns, over the development of salvage yards and other activities listed as conditional uses. The current property owners may not permit the development of salvage yards or bone distillation facilities on their property but, future owners may not share the same concern. The only sure way to prohibit the development of wrecking and salvage yards and other uses that may be obnoxious to surrounding properties is to tie a concomitant agreement to the property limiting uses like junkyards that may have more of a negative impact on the neighborhood. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. The following are the permitted and conditional uses allowed in the I-2 zoning district. 25.54.020 PERMITIED USES. Uses permitted in the I-2 district shall be: (1) All uses not otherwise prohibited by law, but no residential buildings shall be permitted; and (2) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting or bailing shall be permitted, provided: (a) An eight-foot sight-obscuring fence must be constructed and inspected prior to the issuance of a certificate of occupancy for use of the goods. The fence shall be of solid single neutral color. (b) No automobile or parts thereof, junk or salvage materials or parts thereof shall be visible from any public right-of-way. All materials or parts shall be located within the fenced area. (c) Fire lanes shall be provided as required in the International Fire Code. (d) A performance bond for one thousand dollars shall be required prior to the issuance of an occupancy permit, to assure compliance with provisions of this section. The bond shall remain in force as long as the use exists. (e) The permit shall be granted for a period not to exceed two years and at the end of such period an inspection shall be m a de of the premises to determine the advisability of renewing such permit. 7 25.54.040 PERMITIED CONDITIONAL USES. The following uses may be permitted in the I-2 district upon approval of a special permit as provided m Chapter 25.86. · ( 1) Slaughterhouses and stockyards; (2) Acid manufacture or wholesale storage of acids; (3) Cement, lime, gypsum, or plaster of paris manufacture; (4) Distillation of bones; (5) Manufacture of explosives or storage of explosives, including gases; (6) Fat rendering, fertilizer, gas or glue manufacture; (7) Garbage, offal, or dead-animal reduct ion or dumping; (8) Petroleum or petroleum products refining; (9) Smelting or reduction of ore or metallurgical products; ( 1 0) Foundry casting of nonferrous metals or electric foundry causmg noxious fumes or odors; ( 11) Race tracks and courses for the conduct of seasonal or periodic racing; (12) Asphalt or concrete batch plant; and (13) Commercial composting facilities. Many of the uses listed above would not be appropriate for the proposed rezone site. To reduce or eliminate adverse impacts to surrounding properties a concomitant agreement is needed. The concomitant agreement should prohibit the following uses: 1) Slaughterhouses and stockyards; 2) Cement manufacturing; 3) Distillation of bones; 4) Fat rendering; 5) Garbage, offal, or dead animal reduction or dumping; 6) Race tracks and courses for the conduct of seasonal or periodic racing; 7) Junk yards, automobile wrecking yards and scrap iron yards; 8) Asphalt or concrete batch plant; The concomitant agreement should also restrict the operation of certain scrap or recycling businesses as follows: 1) Scrap paper and rag storage, sorting and bailing shall only be permitted if such activity occurs within a building. The proposed concomitant agreement is a part of the proposed rezone ordinance attached to this report. 8 RECOMMENDATION MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the November 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 rezone for the Heritage Industrial Area from I-1 to I-2 with a concomitant agreement prohibiting junkyards and other uses as listed in the attached agreement. 9 . Item: Rezone from ~-1 to 1-2 Overview Applicant: Columbia East et al. Map File#: Z 2014-005 iAW--H!!BEidii!!SL~.~-~a Vicinity Map Item: Rezone from 1-1 to 1-2 Applicant: Columbia East et al. File#: Z 2014-005 L d U Item: Rezone from 1-1 to I-2 an se Applicant: Columbia East et al. Map File#: Z 2014-005 • I I • I I , I I , I I II I I , I I I I I I "Q~ rn~.~o~ . I '>' • • I I • C) c: ·-E '-cu ,, ~>>>>>1 ~~~~~~~<-<-<-~<-~<-<-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-LL ~ 1\i c~ .9 ""'fA/~&~ Industrial r W...ql?~}fou. Vacant :I: u. :E • Zoning Item: Rezone from I-1 to I-2 Applicant: Columbia East et al. Map File #: Z 2014-005 nn IJD DO DO 1-1 JD DO DO uu oD Dt=l D~ 1-3 ~ ~ w~l?t:~tou.<-.... ~ 1-1 C-1 I I I C-3 ll. ~ 0 fll biJ s:l .... J4 0 0 ~ B . Rezone PLANNING COMMISSION MINUTES 10/16/14 Rezone from 1-1 (Light Industrial) to 1-2 (Medium Industrial) (Bob Tippett) (MF# Z 2014- 005) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the application to rezone roughly 350 acres from I-1 (Light Industrial) to I-2 (Medium Industrial). The rezone site is located south of "A" Street and east of Cedar Street. This general area of the community has been identified in the Comprehensive Plan for over 30 years as an area for future industrial development. Mr. McDonald explained the planning history for the site and discussed a Sacajawea Industrial Park plan for the area. That plan was initiated about 12 years ago and eventually lead to the area being called the "Heritage Industrial Park". The City, through expenditures and work with the property owners, has tried to posture the property for industrial development. Over the years, the City has installed water lines near the property, there's a 21" sewer line along the bottom edge of the property, there's a major sewer trunk line and there is a major water line that runs through the northern third of the property. A major rail spur was recently installed through the length of the site from the west end to Road 40. A number of years ago along the southern portion of the property, Burlington Northem built a rail yard with 7 miles of track along with some high intensity lighting that allows the railroad to work 24 hours a day. One of challenges or changes in the community occurring now is that most of the I-2 (Medium Industrial) property within the community has been developed. Mr. McDonald also explained that although there was a need for additional I-2 ground in the city a number of uses permitted in the I-2 Zoning District and other uses permitted through special permit process may not be appropriate for the area. These uses were then highlighted and it was suggested that a concomitant agreement would be needed to remove the undesirable uses from the list of possible uses for the site. Charles Laird, P.O. Box 3027, Pasco, WA spoke on behalf of Columbia East LLC who owns the majority of the rezone site. Columbia East LLC has been largely responsible for developing the Commercial Avenue Corridor. The primary reason for the rezone application is to increase the potential industrial users who may choose to locate in the Tri-Cities. I-2 zoning puts the Heritage Industrial Center in a better position to compete with industrial centers and will allow for full advantage of the recently installed rail spur. The rail spur construction was a joint effort between the State of Washington, City of Pasco, Port of Pasco and the property owners. Columbia East LLC recognizes that there are some uses permitted under I-2 Zoning that may not be viewed favorably by nearby neighbors. The applicant is willing to sign a concomitant agreement with the City to restrict the following uses: junkyard, slaughterhouse, livestock yard, automobile wrecking yard, scrap iron, distillation of bones, fat rendering, garbage or dead animal reduction or dumping. With the exception of scrap 1 paper, rag storage, sorting or bailing, the remaining permitted uses under 1-2 Zoning will be subject to further public scrutiny during the conditional special permit process. In addition to the concomitant agreement, Columbia East LLC intends to record restrictive covenants that will establish an upfront expectation that Heritage Industrial Center will be a clean, orderly and well thought out development. Gary Ballew, 1100 Osprey Pointe, spoke on behalf of the Port of Pasco for this application. The Port Commissioner's reviewed this zoning request at their September 25th meeting. At that meeting they passed a motion to support the request. Leanne Smith, 506 Manzanita Lane, stated she supports the growth for business in Pasco but was concerned with the type of businesses that could locate with I-2 Zoning. Ms. Smith wanted to make sure that any changes made to the zoning won't have a negative impact on the residential neighborhood nearby. She was concerned with her_ property value and quality of life. Chairman Cruz asked Ms. Smith if she would be supportive of the rezone with the concomitant agreement. Ms. Smith answered the concomitant agreement was a great effort to ensure their community is protect. She was concerned about the description of the I-2 Zone, such as noise levels, lighting, odors and smoke. Those are the things that will affect her and her home . Chairman Cruz responded that the Planning Commission has had experience in the past with development of industrial near residential and they review the conditions and agreements to ensure minimal impact on the residential neighborhoods. He asked if there were specific things in the I-2 Zone that should be prevented, such as animal rendering. Ms. Smith stated that anything that would make noise, odor or any other disturbance . She stated that the only people that got notified by mail on this rezone were people within 300 feet of the propose d site. Her neighborhood is beyond 300 feet yet she feels she is still close enough to be affected by this rezone. She happened to find out about the hearing through other people. Chairman Cruz stated that concern has come up a few times and asked staff if 300 feet is statutory. Mr. McDonald answered that it is a municipal code requirement. Ryan Brault, 617 Esperanza Court, stated he was a resident in the nearby neighborhood he appreci ates the concomitant agreement idea. Ted Osborn, 3808 E. "A" Street, stated h e owns the salvage operation at the corner of Road 40 and "A" Street. He spoke in favor of the proposed zone c hange . Mr. Laird reiterated that the intention is to record restrictive c ovenants along with a concomitant agreement and in those covenants offensive u ses will be addressed. 2 Chairman Cruz responded that there is general support for the rezone t o I-2, however, there needs to be more clarity as to which uses will be restricted. Chairman Cruz asked staff how many restrictions should be put in the covenants. Mr. McDonald answered that the covenants Mr. Laird referred to are different than the concomitant agreement. The concomitant agreement is controlled by the City and the City will make sure that it is recorded. Mr. McDonald went through a lis t of uses that the Planning Commission stated they wished to hav e placed in the concomitant agreement as prohibited uses, such as : slaughter houses, plaster manufacturing, distillation of bones, manufacturing and storage of explosives, fat rendering, glue manufacturing, fertilizer, garbage , dead animal reduction or rendering, race tracks, asphalt and concrete batch plants and commercial composting companies. Chairman Cruz stated that some items listed are in the middle in it would depend on the company and their plans. Chaiman Cruz stated that there were a few activ ities that should be completely restricted without the option of a special permit. Mr. Laird responded that finding language that isn't too restrictive will be the challenging. There may be uses that can be done in a tasteful and clean manner and certain language in the agreement could prevent such uses. Mr. Brault added that he would like some consideration to extending the buffer. He asked for clarification on the buffer. Mr . McDonald answered that the site is 350 to 600 feet from "A" Street. He stated that the issue of buffers came up when Tierra Vida was approved. The properties on the north side of "A" Street where zoned to provide an additional buffer from the I -1 zone. The applicants wish to further enhance that buffer by staying b a ck to 350-600 feet. Linda Patrick, 3914 Milagro Dr., stated concern that residents in Tierra Vida didn't receive written notification in the mail. Ms. Patrick also added that the buffer didn't provide much protection to the residents as there is still a lot of noise, odor and other proble m s. With n o m or e c omments the public hearing closed . Commissione r G r e enaway move d , sec onde d by C ommissione r P olk, to close the public h e aring and sche dule delibe rations and d evelopment of a r ecommenda tion for City Counc il a t t he Novembe r 2 0, 2014 mee ting. The motion p a ssed unanimous l y. 3 A. Rezone PLANNING COMMISSION MINUTES 11/20/14 Rezone from I-1 (Light Industrial) to 1-2 (Medium Industrial) (Bob Tippett) (MF# Z 2014- 005) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the rezone application from I-1 (Light Industrial) to I -2 (Medium Industrial). At the previous hearing there was considerable discussion about a concomitant agreement that may be necessary if this property was rezoned to 1-2. The Planning Commission instructed Staff to work with the applicant to develop a list of conditional uses that should be restricted by a concomitant agreement. Mr. McDonald listed uses to be prohibited, such as; slaughter houses, cement manufacturing, distillation of bones, fat rendering, garbage, dead animal reduction, dumping, race tracks, junk yards and automobile wrecking yards, scrap iron yards, asphalt and concrete batch plants. Rag and paper sorting and bailing would only permitted indoors. The applicant is in agreement with the conditions. Commissioner Kempf discussed the permitted use of manufacturing or storage of explosives, including gases. She stated that might not be a good idea to have permitted in the area with the rail nearby and neighborhood. Mr. McDonald responded that it was discussed and one of the things that came up was the Oxarc Inc. facility at the corner of "A" Street and Oregon Avenue. They produce a variety of welding gasses and store a lot of gas at this location and supply Eastern Washington, Northeastern Oregon and even Spokane. This business has not created a problem in the neighborhood. Commissioner Kempf clarified that she was worried more about C-4 and TNT manufacturing plants. Chairman Cruz added that those uses would not be located in this area. Mr. McDonald stated that the use was a conditional use so if a deve loper or business wished to locate that type of business they would have to go through a special permit process and the Planning Commission would review it and put conditions on it or recommend it not be approved. Commissioner Ke mpf responded that she felt safer knowing that. Commissioner Khan discussed the 300 foot buffer that was discussed at the previous meeting by the nearby neighborhood. Mr. McDonald answered that the Municipal Code only r equires a 300 foot notification 1 and has for over 30 years. Property owners within 300 feet were notified, 2 ads were placed in the newspaper and the notice was posted on the City's webpage. The Tierra Vida Subdivision in which the residents attended the previous meeting were all well outside the 300 foot range, however they received notice somehow, either through the newspaper or word of mouth .. Commissioner Khan asked if certain odors would travel farther than the 300 feet. Rick White, Community & Economic Development Director, responded that the zone change itself is slightly more than 350 feet from "A" Street and in some places roughly 650 feet and the prevailing winds would be blowing away from the neighborhood. Commissioner Bachart moved, seconded by Commissioner Khan, to adopt findings of fact and conclusions therefrom as contained in the November 20, 2014 staff report. The motion passed unanimously. Commissioner Bachart moved, seconded by Commissioner Khan, based on the fmdings of fact and conclusions as adopted the Planning Commission recommend the City Council approve the rezone for the Heritage Industrial Area from 1-1 to 1-2 with a c oncomitant agreement prohibiting junkyards and other uses as listed in the attached agreement. 2