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HomeMy WebLinkAbout2014.12.08 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. December 8, 2014 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Charter Cable Franchise Extension: 1. Agenda Report from Stan Strebel, Deputy City Manager dated December 2, 2014. 2. Charter Cable Franchise Extension - Proposed Ordinance. (b) Code Amendment Auto Rental in C-1 Zones (MF #CA2014-004): 1. Agenda Report from Shane O'Neill, Planner I dated December 2, 2014. 2. Auto Rental in C-1 Zone -Proposed Ordinance. 3. Auto Rental in C-1 Zone -Memo to the Planning Commission dated 11/20/14. 4. Auto Rental in C-1 Zone -Planning Commission Minutes dated 11/20/14. (c) Farm 2005 LLC Comprehensive Plan Amendment (MF #CPA2014-002): 1. Agenda Report from Jeffrey Adams, Associate Planner dated December 2, 2014. 2. Farm 2005 LLC Comprehensive Plan Amendment - Overview Map. 3. Farm 2005 LLC Comprehensive Plan Amendment - Proposed Resolution. 4. Farm 2005 LLC Comprehensive Plan Amendment - 10/16 Planning Commission Packet. 5. Farm 2005 LLC Comprehensive Plan Amendment - Planning Commission Minutes dated 10/16/14 and 11/20/14. (d) Walker Comprehensive Plan Amendment (MF #CPA2014-003): 1. Agenda Report from Dave McDonald, City Planner dated December 2, 2014. 2. Walker Comprehensive Plan Amendment - Vicinity Map. 3. Walker Comprehensive Plan Amendment - Proposed Ordinance. 4. Walker Comprehensive Plan Amendment - Memo to Planning Commission. 5. Walker Comprehensive Plan Amendment - Planning Commission Minutes dated 10/16/14 and 11/20/14. (e) 2014 Budget Supplement: I. Agenda Report from Eva Lindgren, Interim Finance Manager dated December 3, 2014. 2. 2014 Budget Supplement - Proposed Ordinance Amending the 2014 Operating Budget. 3. 2014 Budget Supplement - Proposed Ordinance Amending the 2014 Capital Improvements Projects Budget. 4. 2014 Budget Supplement - Memo from the Interim Finance Manager to City Manager. 5. 2014 Budget Supplement - Exhibit 1, 2014 Budget Supplement Worksheet. (f) Airport Parking Regulations: 1. Agenda Report from Stan Strebel, Deputy City Manager dated December 3, 2014. 2. Airport Parking Regulations - Proposed Interlocal Agreement. 3. Airport Parking Regulations - Proposed Ordinance. (g) Franklin County Request for TRAC: I. Agenda Report from Stan Strebel, Deputy City Manager dated December 4, 2014. 2. Franklin County Request for TRAC - Proposed Addendum to Interlocal Agreement. 3. Franklin County Request for TRAC - Franklin County Resolution. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) Workshop Meeting 2 December 8, 2014 7. ADJOURNMENT REMINDERS: 1. 11:45 a.m., Monday, December 8, Pasco Red Lion — Pasco Chamber of Commerce Membership Luncheon. (Christmas Celebration and Performance by McGee Mad Mallets) 2. 7:00 a.m., Thursday, December 11 — BFCG Tri -Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 3. 7:00 p.m., Thursday, December 11 - Ben -Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; MIKE GARRISON, Alt.) 4. 6:00 p.m., Friday, December 12 — Peanuts Park — DPDA Christmas Tree Lighting. (MAYOR MATT WATKINS; ALL COUNCILMEMBERS INVITED TO ATTEND) AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager qro FROM: Stan Strebel, Deputy City Manager -.!r — SUBJECT: Charter Cable Franchise Extension I. REFERENCE(S): December 2, 2014 Workshop Mtg.: 12/8/14 Regular Mtg.: 12/15/14 1. Charter Cable Franchise Extension - Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/8: Discussion 12/15: MOTION: I move to adopt Ordinance No. , extending the Cable Television Franchise Agreement with Charter Communications (Falcon Video Communications, L.P.) through September 30, 2015 and, further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The City has been preparing for and conducting negotiations with Charter for renewal of the franchise agreement for the last 40 months. While some progress had been made on issues, the City recently received, and acted to approve a transfer agreement request from Comcast to assume the franchise agreement from Charter. While the transfer must also be approved by the FCC (expected in the spring of 2015), it makes no sense for the City and Charter to continue to negotiate a franchise, which in all likelihood, will be utilized by Comcast. As the current franchise is set to expire December 31, 2014, more time will be needed to complete the renewal process following the transfer. B) Staff proposes an extension, to September 30, 2015, to complete a renewal franchise agreement with Comcast. C) Under the proposed ordinance, Charter must provide its acceptance of the extension within 12 -days of passage by the City (Charter has indicated its acceptance of the extension to staff). V. DISCUSSION: A) Staff recommends approval of the ordinance authorizing the extension. 4(a) ORDINANCE NO. An ORDINANCE of the City of Pasco, Washington, Extending the Cable Television Franchise Agreement with Falcon Video Communications, L.P., locally known as Charter Communications, Inc., hereinafter referred to as "Grantee" Through September 30, 2015. WHEREAS, cable providers are required to hold a franchise agreement with the City of Pasco ("City") to use the City's public right-of-way to provide cable services; and WHEREAS, the current cable franchise agreement was entered into pursuant to Ordinance No. 3304 ("Cable Franchise") on June 20,1998; and WHEREAS, control of Grantee was subsequently transferred from Falcon Communications, L.P., to Charter Communications Holding Company, L.L.C., pursuant to Resolution No. 2468; and WHEREAS, the Cable Franchise is due to expire on December 31, 2014 pursuant to Ordinance No. 4172; and WHEREAS, Grantee and the City have been engaged in informal renewal negotiations in accordance with Section 626(h) of Title VI of the Communications Act of 1934, as amended (the "Cable Act"); and WHEREAS, the City has been conducting franchise renewal ascertainment in accordance with Section 626(a)(1) of the Cable Act; and WHEREAS, the parties continue to reserve all rights under the formal procedures of Section 626 of the Cable Act, and do not waive any rights related thereto; and WHEREAS, Grantee has filed timely notice of intent to renew its Franchise Agreement with City pursuant to Section 626 of the Cable Act; and WHEREAS, the City, Grantee and Comcast Corporation have entered into a transfer agreement as of November 19, 2014, whereby Charter will assign its interest in the franchise to Comcast and Comcast agrees to assume the responsibilities of Charter under the franchise; and WHEREAS, the City is willing to grant an extension of the current Franchise until September 30, 2015, to give the parties additional time to complete the transfer of control process of this franchise; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Extension of the Term of the Franchise Agreement through September 30 2015. The Cable Franchise, as amended, is hereby extended, subject to the terms and conditions set forth below, until September 30, 2015. Section 2. Terms and Conditions of Extension of the Franchise Agreement. The City's consent to the extension, described above, is subject to, and conditioned upon, the following terms and conditions: A. All terms and conditions of the existing Franchise Agreement shall remain in full force and effect during the extension period. B. The extension shall have no adverse effect on Grantee's compliance, nor shall the extension be grounds for any change or modification in the remaining terms, conditions and obligations of the Franchise Agreement. C. The City and Grantee's agreement to extend the Franchise Agreement, as set forth herein, shall not be construed, in any manner whatsoever, to constitute a waiver or release of any rights that the City or the Grantee may have under the Franchise Agreement. D. Both parties hereby reserve all rights under applicable provisions of the Cable Act, including, without limitation, Sections 626 and 635 of the Cable Act. Nothing herein shall be deemed or construed as a waiver, release or surrender of any right that either party may have under the Cable Act or any applicable law. E. Within twelve (12) days after passage of this Ordinance by the City Council, Grantee shall file with the City Clerk its written acceptance of this Ordinance, substantially in the form of Exhibit A, attached hereto. 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, Washington, and approved as provided by law this _ day of 2014. Matt Watkins, Mayor Attest: Debbie Clark, City Clerk Approved as to Form: Leland B. Kerr, City Attorney EXHIBIT "A" Acceptance of Ordinance No. TO: City of Pasco, Washington Attention: Dave Zabell, City Manager Pasco City Hall P.O. Box 293 Pasco, WA 99301 This is to advise the City of Pasco that Falcon Video Communications, L.P. (the "Grantee'), hereby unqualifiedly accepts Ordinance No. , passed by the City Council on , 2014, regarding the extension of the Franchise Agreement between Grantee and the City. FALCON VIDEO COMMUNICATIONS, L.P. ("Grantee") Name: Mark Brown Title: V.P., Government Affairs Date: AGENDA REPORT FOR: City Council December 2, 2014 TO: Dave Zabell, City Manager Workshop Mtg: 12/8/14 Rick White, � Regular Mtg: 12/15/14 Community & Economic Development Director FROM: Shane O'Neill, Planner I SUBJECT: Code Amendment: Auto Rental in C-1 Zones (MF # CA2014-004) I. REFERENCES 1. Code Amendment Auto Rental in C-1 Zone —Proposed Ordinance 2. Code Amendment Auto Rental in C-1 Zone —Memo to the Planning Commission dated 11/20/2014 3. Code Amendment Auto Rental in C-1 Zone —Planning Commission Minutes dated 11/20/2014 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/8: DISCUSSION 12/15: MOTION: I moved to adopt Ordinance No. , an , ordinance amending Title 25 allowing automobile rental and leasing in the C-1 zone and, further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On November 20, 2011 the Planning Commission held a public hearing and deliberated on the matter of allowing automobile rental and leasing businesses in the C-1 (Retail Business) zone. V. DISCUSSION: A. The C-1 (Retail Business) zone was created to provide for the location of commercial activities that meet the retail shopping and service needs of the community. Permitted uses in the C-1 zone are low -impact retail sales and services. B. In the 1980's special permit provisions for auto sales, including rental and leasing in the C-1 zone were added to the code to help promote the reuse of abandoned gas stations. In the Zoning Code the use "auto sales, including rental and leasing" is treated singularly when in fact automobile sales, rental, and leasing businesses may occur independently of one another. C. Further review of automobile sales compared to automobile rental and leasing businesses reveals significant differences between primarily sales and rental business types, which may warrant separate treatment under the Zoning Code. D. During the hearing and subsequent deliberations, the Planning Commission reviewed the potential effects of regularly permitting automobile rental and leasing businesses in the Retail Business zone with consideration for the current location of C-1 zoned properties. E. Following discussion on the matter the Planning Commission recommended that automobile rental and leasing be listed as a permitted use in C-1 (Retail Business) zones. 4(b) ORDINANCE NO. AN ORDINANCE AMENDING PMC TITLE 25 DEALING WITH AUTOMOBILE RENTAL AND LEASING BUSINESSES IN THE C-1 ZONING DISTRICT. WHEREAS, cities have the responsibility to regulate and control physical development within their borders and to ensure public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the City; and, WHEREAS, the zoning regulations contain special permit provisions for certain uses that require public review and City Council approval prior to locating in the city; and, WHEREAS, PMC 25.42 has contained special permit provisions for automobile rentals and leasing in the C-1 District; and, WHEREAS, the Planning Commission has developed a code amendment recognizing automobile rental and leasing as a retail service which is compatible with the intent of the C-1 District; and, WHEREAS, on November 20, 2014 the Planning Commission held a public hearing to consider amending provisions for automobile rental and leasing uses in the C-1 District. Notice of said hearing being provided in the Tri -City Herald and through the City's website; and, WHEREAS, the City Council has determined that to further the purposes of maintaining a quality community, it is necessary to amend PMC Title 25; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That PMC Section 25.42.050 be and the same is hereby amended to read as follows: 25.34.020 PERMITTED USES. The following uses shall be permitted in the C-1 district: (1) All uses permitted in the `O' Office district; (2) Automobile Detail detail Sleeps shops and automobile rental or leasing; (3) Banks; (4) Dancing schools; (5) Hotels and motels; (6) Printing shops; (7) Restaurants; (8) Stores and shops for the conduct of retail business; (9) Stores and shops for repair and similar services such as: (a) Bakeries, retail for distribution from the premises. (b) Barbershops and beauty shops. (c) Catering establishments. (d) Garage and filing stations, provided: (i) All outdoor repair work is "minor" as defined by 25.12.311, and (ii) The garage or filling station conducting outdoor repair work was in existence and conducting outdoor auto repair prior to September 1, 2013 and (iii) the number of vehicles undergoing outdoor repair does not exceed the capacity of the existing outdoor repair facilities, or no more than two vehicles if there are no existing outdoor repair facilities and (iv) the number of vehicles stored outdoors and awaiting customer pick-up cannot exceed the capacity of the indoor and outdoor auto repair facilities, and further provided that all vehicles must be kept on the business premises, and (v) Pumps, lubrication or other devices are located at least fifteen feet from any street property line, and (vi) All stored automobile parts and dismantled or inoperable automobiles are contained within the building, except material on outdoor display racks. (e) Laundromats and dry-cleaning establishments employing not more than five persons, (f) Locksmith shops, (g) Offices, (h) Membership clubs, (i) Photo shops, 6) Shoe repair shops; (k) Upholstery shops. (10) Sign shops, commercial (no outdoor storage of materials); (11) Theaters; (12) Veterinarian clinics for household pets (no boarding or outdoor treatment facilities); (13) Parking lots within 500 feet of a C-2 district boundary, provided such lots are paved and half of the required landscape is live vegetation and, provided further, that any such property adjacent a residential zoned parcel shall provide a site obscuring fence along the common lot line(s) in accordance with residential fence height requirements; and (14) Carwashes provided they are located more than 300 feet from a residential district. Section 2. That PMC Chapter 25.42.040 be and the same is hereby amended to read as follows: 25.42.040 PERMITTED CONDITIONAL USES. The following uses are permitted subject to the approval of a special permit: (1) Dwelling units, provided the units are within the principal building, are all above the ground floor of said building, and the ground floor of said building is designed or intended to be used for a use permitted in Section 25.42.010. However, a building originally constructed on- site for residential purposes may be utilized as a dwelling unit without a special permit provided: (a) The structure does not have to be reconstructed, altered or converted from an office/commercial use such that the cost of the alteration exceeds 25% of the assessed value of the structure at the time of the alteration. (2) Retail automobile sales, ' provided the property is: (a) Located east of Highway 395 and is; (i) Adjacent the intersection of two arterial streets or adjacent a single arterial street; provided it is not adjacent to or across a public street right-of-way from a residential district, (ii) Not be located closer than 300 feet to any existing car lot; (b) Located west of Highway 395 and north of I-182 provided any point of the property is within 1,000 feet of the I-182 WSDOT right-of-way for a distance of 2,500 feet east and west of the center line of Road 68 and Road 100Broadmoor Boulevard, except properties zoned for residential uses, and is: (i) A new auto dealership. (3) Parking lots; (4) Mini -storage facilities defined under 25.12.310; (5) Wineries defined under 25.12.480; and (6) Dance halls and nightclubs. Section 4. 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 _'2014, Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Reference #2 MEMORANDUM DATE: November 20, 2014 TO: Planning Commission FROM: Shane O Neill, Planner I SUBJECT: Automobile Rental and Leasing in the C-1 Zone Code Amendment (MF# CA 2014-004) Stemming from a recent land use request to allow automobile rentals in the C-1 (Retail Business) zoning district, staff is proposing to amend code language related to the conditional uses and permitted uses of the C-1 zone. The proposal involves lifting the requirement for special permit review for automobile rental/leasing businesses in the C-1 zone, and to then relocate automobile rental/leasing to the list of permitted use in the C-1 zone. Pasco's special permit provisions for auto sales in the C-1 zone were added to the code in the early 1980'x. It was about that time when many of the old service stations in town were closing. After closing, it was difficult for the old gas stations to be reused because they were built for a single purpose related to servicing vehicles. In an effort to assist with .the reuse of the old gas stations the zoning code was amended with narrow locational requirements to ensure only the old service stations would qualify for a special permit. Currently, the qualifying requirements are listed in PMC 25.42.040(2) as follows: (2) Retail automobile sales, including rental or leaseprovided the property is: (a) Located east of Highway 395 and is; (i) Adjacent the intersection of two arterial streets, or adjacent a single arterial street; provided it is not adjacent to or across a public street right-of-way from a residential district, (ii) Not located closer than 300 feet to any existing car lot. (b) Located west of Highway 395 and north of I-182 provided any point of the property is within 1, 000 feet of the I-182 WSDOT right-of- way for a distance of 2,500 feet east and west of the center line of Road 68 and Road 100/Broadmoor Boulevard, except properties zoned for residential uses, and is: (i) A new auto dealership. The Commission may recognize the criteria listed above as being the subject of a recent code amendment whereby locational requirements referencing specific highways were added. The amendment at hand however, relates only to the (MF# CA 2014-004) Page 1 of 3 Reference #2 underlined fragment that appears in subsection (2); which reads "including rental or lease". Staff proposes to strike this language which was initially included when Ordinance #2280 was adopted back in 1981. This would release the applicability of special permit review and locational criteria from automobile rental/leasing businesses only. In the opinion of staff, auto rental businesses are no more intensive than some of the permitted uses listed in the C-1 zone. By way of comparison, gas stations, grocery stores and restaurants, which are all regularly permitted in the C-1 zone, generate more noise and traffic than a typical car rental business. Furthermore, automotive sales lots commonly use impactful business practices such as outdoor loudspeakers and lighting which may occur late at night. Ancillary signs such as flags and inflatables are also used. The inflatables and outdoor lighting are items which are sometimes powered by loud generators, producing fumes and noise. These and other advertising techniques which produce a high level of light, fumes and noise are disruptive when located near residential neighborhoods. This is the reason auto sales businesses require special permit review prior to locating in the Retail Business zone. Automobile rental businesses however, do not use the same type of flashy advertising. Auto rental/leasing is a retail service typically conducted in a fashion similar to retail stores as they do not rely so heavily on right-of-way advertising. For the reason of comparative or lesser impact intensity it may be appropriate to eliminate the special permit requirement for automobile rental services and transfer these businesses to the list of permitted uses in the Retail Business zoning district. To assist the Planning Commission's discussion and decision staff has included a city-wide zoning map which shows C-1 zoned properties and the proximity of all other zoning districts. Additionally, the code amendment ordinance is included. If approved, under the current proposal retail automobile sales businesses would continue to require special permit approval prior to their establishment in the C-1 zone. In the interest of retaining clarity of the code, staff also proposes to relocate "automobile rental or leasing" to the list of permitted uses in the C-1 zone; thus establishing said use as regularly permitted. This matter was advertised and scheduled for a public hearing on November 20, 2014. Staff requests the Planning Commission conduct a public hearing and develop a recommendation to City Council. FINDINGS 1) In 1981, to help address an increasing number of vacant service stations the city developed special permit provisions within the C-1 zoning regulations to permit the adaptive reuse of the old service station as auto sales facilities including automobile rental and leasing facilities. 2) Automobile rental and leasing is a type of retail service. 3) The purpose of the C-1 zone is to provide for the location of commercial activities that meet the retail shopping and service needs of the community. (My# CA 2014-004) Page 2 of 3 Reference #2 4) In many areas of the City C-1 zoned properties located are adjacent to a variety of residentially zoned properties. 5) Automobile sales businesses are known for business practices which are disruptive to less intense land uses such as residences and offices. 6) It is uncommon for automobile rental and leasing businesses to use advertising techniques which are disruptive to less intense land uses such as residences and offices. RECOMMENDATION MOTION: I move the Planning Commission adopt the findings of fact as contained in the November 20, 2014 staff memo on automobile rental and leasing the in C-1 Zone. MOTION: I move the Planning Commission recommend the City Council adopt the proposed C-1 zoning code amendments as attached to the November 20, 2014 staff memo to the Planning Commission. . (MP# CA 2014-004) Page 3 of 3 Reference #3 PLANNING COMMISSION MINUTES November 20, 2014 A. Code Amendment Car Rentals in C-1 (Retail Business) Zones IMF# CA 2014-0041 Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the code amendment for car rentals in C-1 (Retail Business) Zones. The Planning Commission has spent a lot of time discussing automobile sales in C-1 Zones in the past few years revising existing regulations. Through a recent land use request to allow automobile rentals in the C-1 Zoning District, Staff noticed that retail automobile sales, including rental and lease uses, were precluded from the C-1 Zone if certain conditions weren't met, such as adjacent to an arterial or within a certain distance of any existing car lot. After looking at the history, identified in the staff report, Staff proposes that the restrictive language be stricken, which was established in the early 1980's from an ordinance developed to allow corner gas stations to be reused as car sales lots. Car sales differ drastically from car rental operations; they do not have the operational characteristics that include loud advertising and don't necessarily rely on drive-by traffic. Staff feels that this code amendment is tightly written and asked for Planning Commission discussion and if appropriate, a recommendation for this code amendment to move forward to City Council. Chairman Cruz clarified that this would be car rental, such as Enterprise, that was located on 20th and Sylvester. David Davis, 5107 Desert Plateau, spoke in support of this code amendment and stated that it would benefit him as well as the community. He wishes to lease his property to Enterprise for the use of car rental. They wish to invest money in this property and make improvements. Michelle Keen, 620 N. 2011, Avenue, of Enterprise Rent-A-Car, spoke in support of this code amendment. She explained that they are hopeful to occupy Mr. Davis' location that would better suit their needs. They have been in the community for over 20 years but would like a little nicer location with a more sustainable building and better parking. With no further questions or comments the publichearing closed. Commissioner Khan asked for clarification that the only thing stricken would Reference #3 be, "...including rental or lease". Staff nodded yes. Commissioner Khan moved, seconded by Commissioner Kempf, to adopt the findings of fact as contAined in the November 20, 2014 staff memo on automobile rental and lleasing in the C-1 Zone. The motion passed unanimously. Commissioner Khan mov d, seconded by Commissioner Kempf, recommend the City Council adopt thel proposed C-1 zoning code amendments as attached to the November 20, 2014 staff memo to the Planning Commission. The motion passed unanimously. AGENDA REPORT FOR: City Council December 2, 2014 Workshop: 12/8/14 TO: Dave Zabell, City Manager Regular Mtg.: 12/15/14 Rick White, Director Comm ' and Ecopgmic Development FROM: Jeffrey B. Adams, Associate Planner /� SUBJECT: Farm 2005 LLC Comprehensive Plan Amendment (MF# CPA 2014-002) I. REFERENCE(S): 1. Farm 2005 LLC Comprehensive Plan Amendment - Overview map 2. Farm 2005 LLC Comprehensive Plan Amendment - Proposed Resolution 3. Farm 2005 LLC Comprehensive Plan Amendment - 10/16/14 Planning Commission Packet 4. Farm 2005 LLC Comprehensive Plan Amendment - Planning Commission Minutes dated 10/16/14 and 11/20/14 H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/8: DISCUSSION: 12/15: MOTION: I move to approve Resolution No. , a resolution requesting modification of the Urban Growth Boundary by Franklin County. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The Growth Management Act (GMA) (RCW 36.70A.110) requires the establishment of Urban Growth Areas (UGA). Pasco's first UGA was established in April of 1993 and has been modified only four times since then. The designation of the Pasco UGA was not only guided by the GMA Goals, but also by the provisions of RCW 36.70A.110. B. Farm 2005, LLC, the owner of 160 acres of farm land directly north of the City limits, has applied for a Comprehensive Plan Amendment that would revise the Urban Growth Area (UGA) to include 160 acres currently outside the Pasco UGA. The property in question is located at the northeast corner of Road 52 and Powerline Road. C. Staff met with the property owner and Port to review the application of airport zoning regulations against the proposed UGA expansion. D. The new Airport Zoning regulations prohibit development on 33.5 acres of the proposed 160 -acre site and limit another 41 acres to two dwelling units per acre. Without the ability to develop the entire site at urban densities the Planning Commission recommended (with owner and Port concurrence) a reduced site for the UGA expansion as depicted on the attached Overview map. V. DISCUSSION: A. Urban Growth Boundaries are required by the GMA to contain a sufficient land area to accommodate expected population growth for a 20 year planning horizon. The population projections provided by the State Office of Financial Management 4(c) for Pasco's 20 year planning horizon (2007-2027) indicates Pasco's UGA population could be about 87,300 by 2027. Adjusted for growth since 2007 an additional 19,530 people need to be accommodated within the UGA by 2027. There are about 2,600 acres of vacant land in the City's UGA potentially available for residential development. B. Because of gravel mining, distance from utilities, past subdivision practices, high land prices and lack of development interest only about a quarter of the vacant land within this UGA (650 acres) could be used for residential development. Based on our population projection the City will need 1,222 acres of land to accommodate the housing needed to match the population. C. By law Franklin County is the entity charged with the responsibility and authority to establish UGA's. The City can only make proposals for the UGA, but cannot actually create the UGA. It has been the practice of the Council to memorialize the City's preferred or recommended UGA in the form of a Resolution. If approved, this will allow the City to modify the land use map of the Comprehensive Plan. This will be done by ordinance once the UGA modification has been approved by the County. 0 •eSy 16,.,_ 4F�:T.R- .5 $ z au A • a � ^" f 4 I •eSy 16,.,_ 4F�:T.R- .5 $ z au RESOLUTION NO. A RESOLUTION DECLARING THE PREFERRED URBAN GROWTH BOUNDARY FOR THE CITY OF PASCO. WHEREAS, the City of Pasco and Franklin County are planning under the State Growth Management Act (GMA) of 1990 as amended; and WHEREAS, The GMA (RCW 36.70A.I10) requires the establishment of Urban Growth Areas (UGA); and WHEREAS, the goals of the Growth Management Act related to UGA's include: i) Encouraging development of urban areas where adequate public facilities and services exist or can be provided in an efficient manner, ii) Reducing the inappropriate conversion of undeveloped land into sprawling low-density development; and, iii) Maintaining and enhancing natural resource-based industries, including productive timber, agriculture, and fisheries industries; and and WHEREAS, each city located in Franklin County must be included within a UGA; WHEREAS, UGA's are to encompass lands within the City's recognized utility service area; and WHEREAS, UGA's may include portions of the County already characterized by urban growth or adjacent to urban growth. and WHEREAS, designated UGA's are to include enough undeveloped land to adequately accommodate forecasted growth for a 20 year planning period; and WHEREAS, forecasted growth is determined by population projections provided by the State Office of Financial Management; and WHEREAS, the GMA mid-range population projections for the County anticipate Franklin County will grow to over 100,000 people during the 20 year planning horizon; and WHEREAS, for planning purposes during the development of the 2007 Comprehensive Plan update, City and County Planners assume 85 percent of future population growth in Franklin County would occur in the Pasco UGA; and and WHEREAS, Pasco's UGA population is expected to be about 87,300 by 2027; WHEREAS, to reach the projected population the City will need to accommodate another 19,530 people; and Pagel of 3 WHEREAS, there are over 2,500 acres of raw undeveloped land within the Pasco UGA designated for residential development. At least 1,222 acres are needed to accommodate the projected growth; and WHEREAS, twelve owners control 2,117 acres of raw land within the UGA designated for residential development. Due to various constraints much of this land cannot or will not be developed within the near future. Development constraints include lack of utility service, land prices, gravel mining leases and contracts, and lack of development interest on the part of the owners; and WHEREAS, while the County "donut hole" areas contain approximately 300 acres of undeveloped land that is occupied by hobby farms, pastures, horse corals and gardens; and has limited utility for residential developed due to poor subdivision practices of the past, and lack of access to public streets; and WHEREAS, the remaining five major subdivisions available (228 acres of buildable land) for new housing construction are controlled by a limited number of builders; and WHEREAS, the last land sale for a subdivision (Three Rivers West) was about 30 percent higher than comparable sales in the recent past. The owners that sold the 50 acres for Three Rivers West control another 450 acres of vacant land within the UGA boundary; and WHEREAS, State and local housing goals encourage the provision of affordable housing (RCW 36.70A.210(3)e and County Policy #6) within the community; and WHEREAS, On December 31, 2012 the Port of Pasco purchased 30 acres of land in the Northwest Commons subdivision for a runway protection zone. This purchase removed 30 acres of residential land from the UGA inventory; and WHEREAS, On July 15, 2013 the zoning code was updated to include revisions to the airport zoning regulation which will limit the densities on about. half of the site in question. Reducing the density will reduce the impact on utility providers including the City's sewer utility; and WHEREAS, the site in question as shown in Exhibit "I" is currently being farmed but is not designated as farmland with long-term commercial significance; and WHEREAS, in the past ten years the Franklin County Public Utilities District (PUD) built one new substation and completely rebuilt and significant expanded another to ensure electrical needs will be met within the UGA.; and WHEREAS, the City recently built a new water filter plant on West Court Street near Road 111 to increase capacity to provide potable water to current and future residents; and WHEREAS, a new potable municipal water intake structure and pump house will be built on West Court Street near the new water plant to increase pumping capacity; and Page 2 of 3 WHEREAS, early next year the main Butterfield Water Plant intake structure in the Columbia River will be rebuilt to improve pumping capacity; and WHEREAS, the applicant has been investigating the possibility of providing additional sewer capacity to the area by constructing a force main east of 4th Avenue; and WHEREAS, the site as shown in Exhibit "1" is encumbered with Airport Use Zones #2 and #4. Zone #2 prohibits residential development of any kind and Zone #4 limits residential development to two units per acre; and WHEREAS, The Pasco City Council has reviewed and accepted the Planning Commission recommendation; and WHEREAS, the Pasco City Council has determined the Pasco Urban Growth Area boundary must be expanded to permitted the City to properly plan for future growth as required by the Growth Management Act; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That the boundaries identified in Exhibit "1" are the preferred boundary lines for the Pasco Urban Growth Area. The preferred boundary will accommodate the projected population in a geographic area most likely to experience development pressure and which presents the best opportunity for the City to logically and economically extend its utility and emergency services systems. Section 2. That this resolution be forwarded to Franklin County for its due consideration of the City Council's position when the Franklin County Planning Commission and/or Franklin County Board of Commissioners determine whether or not to modify the Pasco Urban Growth Boundary. Passed by the City Council of the City of Pasco this day of .2014. Matt Watkins, Mayor ATTEST: Debra L. Clark City Clerk Page 3 of 3 APPROVED AS TO FORM: Leland B. Kerr, City Attorney MEMORANDUM DATE: November 20, 2014 TO: Planning Commission FROM: Jeff Adams, Associate Planner SUBJECT: Urban Growth Area Expansion (MF# CPA14-002) (Farm 2005 LLC Farm 2005, LLC., the owner of 160 acres of farm land directly north of the City limits, has applied for a Comprehensive Plan Amendment that would revise the Urban Growth Area (UGA) to include 160 acres currently outside the Pasco UGA. The property in question is located at the northeast corner of Road 52 and Powerline Road. The site is northeasterly of the new Rosalind Franklin Elementary School. The following provides the historical background on Urban Growth Areas and may help with arriving at a recommendation on this request. The 1990 Growth Management Act (GMA) required the establishment of Urban Growth Areas (UGA's) around urban centers throughout the State. Urban Growth Areas have become a key component in managing urban growth within Washington. Urban Growth Areas define the area in which a community is to encourage higher density urban development and the area in which urban services can be supported and promoted. Land located outside UGA's are to be reserved for the promotion of rural density and functions. By directing growth to UGA's natural resource lands such as farmlands and forest lands can be conserved and the character of rural areas can be maintained for future needs. Pasco's first Urban Growth Area was established in April of 1993 and has been modified only four times since then. The designation of the Pasco UGA was not only guided by the GMA Goals (see attachment #1), but also by the provisions of RCW 36.70A.110 the most pertinent portions of which are as follows: • Each county that is required or chooses to plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. • Each city that is located in such a county shall be included within an urban growth area. • An urban growth area may include territory located outside of a city only if such territory already is characterized by urban growth whether or not the urban growth area includes a city, or is adjacent to territory already characterized by urban growth, or is a designated new fully contained community as defined by RCW 36.70A.350. • Based upon the growth management population projection made for the county by the Office of Financial Management, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty-year period, except for those urban growth areas contained totally within a National Historical Reserve. • Each city must include areas sufficient to accommodate the broad range of needs and uses that will accompany the projected urban growth including, as appropriate, medical, governmental, institutional, commercial, service, retail, and other non-residential uses. • Each urban growth area shall permit urban densities and shall include greenbelt and open space areas. • An urban growth area determination may include a reasonable land market supply factor and shall permit a range of urban densities and uses. In determining this market factor, cities and counties may consider local circumstances. • Urban growth should be located first in areas already characterized by urban growth that have adequate existing public facility and service capacities to serve such development, second in areas already characterized by urban growth that will be served adequately by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources, and third in the remaining portions of the urban growth areas. Urban growth may also be located in designated new fully contained communities as defined by RCW36.70A.350. . • In general, cities are the units of local government most appropriate to provide urban governmental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban development. 2 Based on State law, the Pasco UGA is to include all lands within the city and may include lands outside the City if the lands are urban in nature or adjacent to territory that is already characterized by urban growth. Development within the UGA is to occur first on lands that currently have adequate public facility and service capacities and secondly on lands that will be served adequately in the fixture. The UGA needs to contain a sufficient amount of land to accommodate expected growth for the 20 year planning horizon. The expected growth is determined by county wide population projections prepared by the State Office of Financial Management (OFM). In addition to the population projections the city must also considered land needs for parks and open space, school, retail businesses, offices, industrial buildings and other land uses. In the determination for UGA land needs local market supply factors may also be considered. The local market supply factor is beginning to become an issue within the UGA. The large remaining tracts of land that could be used for future residential development are controlled by a few individuals or companies. Additionally the remaining five major subdivisions available (228 acres of buildable land) for new housing construction are likewise controlled by a limited number of builders. As a result prices for raw land to develop subdivisions are rising. The last sale of land for a subdivision (Three Rivers West) was about 30 percent higher than comparable sales in the recent past. The owner's that sold the 50 acres for Three Rivers West control another 450 acres of vacant land within the UGA. Increasing land costs resulting from limitations created by the UGA boundary are at odds with State and local housing goals to provide affordable housing (RCW 36. 70A.210(3)e and County Policy # 6) for the community. Twelve owners control 2,117 acres of raw land within the UGA designated for residential development. Due to various constraints much of this land cannot or will not be developed within the near future. Development constraints include lack of utility service, land prices, gravel mining leases and contracts and lack of development interest on the part of the owners. The County donut hole areas contain approximately 300 acres of undeveloped land that could be used for future housing development. Much of this vacant land is occupied by hobby farms, pastures, horse corrals and gardens. It is difficult to predict how soon these parcels will be available for development. Some of the parcels have limited utility for residential developed due to poor subdivision practices of the past. Many of these parcels are remnant lots with odd shapes that lack access to public streets. If development occurs on these parcels the densities will be very low. With much of the large useable remaining vacant parcels under limited ownership prices tend to rise impacting the affordability of housing. This is the 3 reason the Growth Management Act included a provision for adding additional land to the UGA for a market supply factor so land prices are not driven unreasonably high. As Linda Loviisa, First Place and Northwest Commons continue to develop the market demand on the remaining vacant parcels will continue to increase. Increasing the UGA slightly will help moderate that market demand. Another condition impacting the market factor of available residential properties within the UGA is the fact that in 2012 Port of Pasco purchased 30 acres within Northwest Commons permanently removed 30 acres of land from the residential inventory. The property was purchased for a future runway protection area to enable future airport expansion. The airport protection zones will also impact the property included in the proposed UGA boundary amendment. Approximately 73 acres of the proposed site is located under an approach/departure zone which limits residential density to two dwelling units per acre. While the request is to include a total of 160 within the UGA boundary the resulting increase to the buildable lands inventory will be negligible. One of the purposes of establishing UGA's is to preserve resource lands and prevent them from being lost to urban development. The site in question is currently being farmed but is not designated as farm land with long term commercial significance. The land did not meet the test used by the County for classifying the land for prime farm land. The soils on this land are not considered prime agricultural soils. The land is located between an urbanizing portion of the City and the Clark Addition which is urban in nature and extensively developed. The site is also across Road 52 and to the northeast of the new Rosalind Franklin Elementary School. These factors all impact the long term viability of the site for commercial agriculture. The population projections provided by the State Office of Financial Management for Pasco's 20 year planning horizon (2007-2027) indicates Pasco's UGA population could be about 87,300 by 2027. Adjusted for growth since 2007 an additional 19,530 people need to be accommodated within the UGA by 2027. The UGA will therefore need to include enough land area to accommodate at least another 19,530 people by 2027. Between the tightly controlled subdivisions, large vacant tracts and donut hole properties there are about 2,600 acres of vacant land in the City's high growth area potentially available for residential development. Realistically though because of gravel mining, distance from utilities, past subdivision practices, high land prices and lack of development interest only about a quarter of the vacant land could be used for residential development. Based on our population projection the City will need 1,222 acres of land to accommodate the housing needed to match the population. n Population projections, land market factors, and preservation of resource lands are not the only items to consider when determining the extent of the UGA. Utility capacities should also be considered. A new water filter plant was constructed on Court Street near Road 111 between 200 and 2010 to increase the cities capacity to provide potable water to the community. In the near future (waiting for Army Corp of Engineer approval) a new water intake structure and pump house will be built on West Court Street near the new water plant to increase pumping capacity. Early next year the main Butterfield water plant intake structure in the Columbia River will be rebuilt in improve pumping capacity. The Franklin County PUD and Big Bend Electric built a new substation north of the Columbia Place subdivision (west of Road 68 north of Snoqualmie) in 2004. The PUD also enlarged and upgraded the Road 52 and Argent substation last year to support future growth in the community. The PUD five year capital plan calls for a new substation to be located north of Power Line Road to the east of Convention Drive which will further add to the PUD's capacity to serve the community with power needs. This UGA expansion application was reviewed by the Planning Commission in 2010 and was not recommended for approval mainly because of concerns over the capacity of the sewer system in the area. Since that time modeling studies have shown previous studies on sewer capacity were overly conservative. As a result the Northwest Commons subdivision that was previously approved partly for septic tank usage has now been granted approval to be completely served by the sewer system. A lift station will be constructed in Northwest Commons a short distance from the subject property. The applicant has also been considering the development of a force main to the east of the site to connect with the sewer system in 4th Avenue. The biggest change however between the current application and the 2010 is the fact that the new airport zoning regulations will reduce the density on the site such that only about half of the site will be able to accommodate urban densities matching existing development on adjacent parcel to the south. This lowered density will cause less of an impact on the City's sewer system. Airport Zone # 2 and #4 through the center portion of the site will have severe density restrictions. The 33.5 acres within Zone # 2 will not be able to contain any homes and the 41 acres in Zone 4 will limit development to two units per acre. Findina of Fact The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional s findings to this listing as the result of factual testimony and evidence submitted during the public hearing. 1. The GMA (RCW 36.70A.110) requires the establishment of Urban Growth Areas. 2. The goals of the Growth Management Act related to UGA's include: i) Encouraging development of urban areas where adequate public facilities and services exist or can be provided in an efficient manner; ii) Reducing the inappropriate conversion of undeveloped land into sprawling low-density development; and, iii) Maintaining and enhance natural resource based industries, including productive timber, agriculture, and fisheries industries. 3. Each city located in Franklin County must be included within a UGA. 4. UGA's are to encompass lands within the City's recognized utility service area. 5. UGA's may include portions of the County already characterized by urban growth or adjacent to urban growth. 6. Designated Urban Growth Areas are to include enough undeveloped land to adequately accommodate forecasted growth for a 20 year planning period. 7. Forecasted growth is determined by population projections provided by the State Office of Financial Management. 8. The GMA mid-range population projections for the County anticipate Franklin County will grow to over 100,000 people during the 20 year planning horizon. 9. For planning purposes during the development of the 2007 Comprehensive Plan update, City and County Planners assume 85 percent of future population growth in Franklin County would occur in the Pasco UGA. 10. Pasco's UGA population is expected to be about 87,300 by 2027. 11. To reach the projected population the City will need to accommodate another 19,530 people. 12. There are over 2,500 acres of raw undeveloped land within the Pasco UGA designated for residential development. At least 1,222 acres are needed to accommodate the projected growth. C 13. Twelve owners control 2,117 acres of raw land within the UGA designated for residential development. Due various constraints much of this land cannot or will not be developed within the near future. Development constraints include lack of utility service, land prices, gravel mining leases and contracts, and lack of development interest on the part of the owners. 14. The County donut hole areas contain approximately 300 acres of undeveloped land that could be used for future housing development. Much of this vacant land is occupied by hobby farms, pastures, horse corrals and gardens. Some of the parcels have limited utility for residential developed due to poor subdivision practices of the past. Many of these parcels are remnant lots with odd shapes that lack access to public streets. 15. The remaining five major subdivisions available (228 acres of buildable land) for new housing construction are controlled by a limited number of builders. 16. The large remaining tracts of land within the UGA are controlled by twelve owners causing the local market supply factor to become an issue. 17. The last land sale for a subdivision (Three Rivers West) was about 30 percent higher than comparable sales in the recent past. The owners that sold the 50 acres for Three Rivers West control another 450 acres of vacant land within the UGA boundary 18. State and local housing goals encourage the provision of affordable housing (RCW 36. 70A.210(3)e and County Policy # 6) within the community 19. Since 2010 the Port of Pasco purchased 30 acres of land in the Northwest Commons subdivision for a runway protection zone. This purchase removed 30 acres of residential land from the UGA inventory. 20. Since 2010 the zoning code has been updated to include revisions to the airport zoning regulation that will limit the densities on about half of the site in question. Reducing the density will reduce the impact on utility providers including the City's sewer utility. 21. The site in question is currently being farmed but is not designated as farm land with long term commercial significance. The land did not meet the test used by the County for classifying the land for prime farm land. The soils on this land are not considered prime agricultural soils. 7 22. In the past ten years the Franklin County PUD built one new substation and completely rebuilt and significant expanded another to ensure electrical needs will be met within the UGA. The five year capital plan for the PUD calls for a another new substation to be located north of Power Line Road to the east of Convention Drive which will further add to the PUD's capacity to serve the community with power needs. 23. The City recently built a new water filter plant on West Court Street near Road 111 to increase capacity to provide potable water to current and future residents. 24. In the near future (waiting for Army Corp of Engineer approval) a new water intake structure and pump house will be built on West Court Street near the new water plant to increase pumping capacity. 25. Early next year the main Butterfield water plant intake structure in the Columbia River will be rebuilt in improve pumping capacity. 26. A recent analysis of the sewer system capacity in the area east of Road 68 north of I-182 has indicated more capacity than previously thought. As a result all of the Northwest Commons subdivision will be able to be served by sewer. 27. A new lift station will be built in the Northwest Commons subdivision a short distance from the subject site. 28. The applicant has been investigating the possibility of providing additional sewer capacity to the area by constructing a force main easterly to 4th Avenue. 29. The site is encumbered with Airport Use Zone #2 and Zone #4. Zone # 2 prohibits residential development of any kind and Zone # 4 limits residential development to two units per acre. Conclusions Based on the GMA population projections for Franklin County the City of Pasco must plan for an additional population of about 19,530. The project population for the City will require about 1,222 acres for the development of dwelling units. Most of the remaining (2117 acres) vacant acreage in the UGA is control by 12 property owners which could be impacting the market through higher land prices. The most recent subdivision (Three Rivers West) purchase was about 30 percent higher than similar purchases in the past. 8 The limited subdivisions available for new housing are tightly controlled by a few builders. In recent years the Franklin County PUD has increased its capacity to provide electrical service to the community by upgrading substations or building new substations. The five year capital plan for the PUD includes the construction of a new substation north of Power Line Road east of Convention Drive. Since 2010 the City has increased its ability to provide potable water to the community. Further increases will be shortly realized with the reconstruction and improvement of the Butterfield plant intake structure and the construction of a new pump house and intake structure for the West Pasco water plant. Utility demands for development of the subject site has been greatly reduced since 2010 due to development limitation now in place as a result of the updated airport zoning regulations. The new Airport Zoning regulations prohibit development on 33.5 acres of the proposed site and limit another 41 acres to two dwelling units per acre. Without the ability to develop the entire site at urban densities it may be advisable to exclude most of the site from the Urban Growth Area. Based on the findings and conclusion the Planning Commission should consider only include. about half of the site within the Urban Growth Area. 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 proposed Comprehensive Plan amendment expanding the Urban Growth Area as depicted on Exhibit # 1. 0 0 ,� �� ?, � r t.%� f��ri' .;�xl h f— �� ,� y. m � _ ,. V k n Z S &...' m� � . ... m �.� � �. �, t I l: __ la Ai � I ii .��� T � �\ �rn !. I l I. L - y . :fI �� .- ., � 0 ,� �� ?, � r t.%� f��ri' .;�xl h f— �� ,� y. m � _ ,. V k n Z S &...' m� � . ... m �.� � �. �, �� l: __ p�� ♦q u .��� �\ �R F�%. i�i .r: 1 I_�. 1. � I' b L� �� �� _ � � � � � J _ ti-, P � < <�f �% �L�!� f �Ji _ ��. _ a1 ii -' _ —, - i y„. � _. � ��\ i c; � + ' � Y� W1y< � � � �� ,� _ � C .1 �",1 o '� i I�� � � i��' S ' _`�� '` A�, � f P " St I //{�' � �}�'� � � l ; .,>, � �.� t � � �'1 t Y `A i .;. i P'. m �F:_ t .,, a � � \ / _ w LL O O Flow U w N-b=ttab'Okl O � JIM, U UL r Nr Q LNU til a_ LL WL v �NT�J�O�4ll�fTB m UIQ `. 'F' � i 61 1 4 ' it L j��� .• Y i tv.� t O l ySY y 1 1 1 4 I a Co 'N IRIA " +. � � � It REGULAR MEETING PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:OOpm by Chairman Cruz. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 VACANT No. 2 Tony Bachart No.3 VACANT No. 4 Alecia Greenaway No. 5 Joe Cruz No. 6 Loren Polk No. 7 Zahra Khan No. 8 Jana Kempf No. 9 Gabriel Portugal October 16, 2014 F. Comprehensive Plan Comprehensive Plan Amendment to Modify the Urban Growth Boundary (Farm 2005 LLCI IMF# CPA 2014-0021 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the Comprehensive Plan Amendment to modify the Urban Growth Boundary. He stated the applicant is seeking to have the urban Growth Boundary expanded to include 160 acres north of Northwest Commons. Mr. McDonald explained the staff memo for contained pertinent sections of the Growth Management Act relating to urban growth boundaries. The property is next to the city limits and there is a new school and a new subdivision located to the south. There is a provision within the law that the cities and counties can consider a local market supply factor to provide a buffer and an opportunity to prohibit the boundary from being so restrictive it would drive the price of property up. Mr. McDonald also shared concerns with the local supply factor as well as concerns with the airport. Mr. McDonald briefly discussed some possible uses on this property. Tom Kidwell, 4320 Riverhaven Street, stated that including growth boundary would be a natural progression of the city. built a water main and new street down to his property. He good site for homes. his property in the urban With the new school, he stated that this would be a Ron Foraker of the Port of Pasco and Spencer Montgomery of J.U.B. Engineers spoke on the application. Mr. Foraker stated over the past two years the Port of Pasco has worked with the City of Pasco and Franklin County to safeguard future service capabilities of the Airport. Ideally they would prefer there be no development on a runway approach to the airport. There will be low-flying aircraft arriving and departing above the proposed site. In planning of the airport overlay zone, it was agreed that no residential development would be allowed in Zone 2 but the compromised reached was that Zone 4 would allow for large lots due to some existing conditions on other runway approaches. Of the 160 acre parcel that is being considered for the urban growth boundary, nearly half will be protected in the approach zones. Because restrictions were not in place previously, the Port of Pasco is -1- forced to purchase 34 acres southeast of the subject property to retain protection for growth of the airport. There will also be height restrictions on the entire parcel. Chairman Cruz asked for clarification as to what land uses would conform to the airport overlay zoning. Mr. Foraker responded mostly farming. Mr. Montgomery added that the overlay district would prohibit residential in parts of this property and public assemblies or anything that would have a large amount of people gather. Chairman Cruz responded that this puts the Planning Commission in a tough spot since part of the property can't be developed and other parts probably shouldn't or should be at a lower density. He asked the applicant how these restrictions will affect his plan. Mr. Kidwell answered half the property on the south side of the runway will be available but he needs city water and in order to have city water they have to be in the urban growth boundary. Mr. Kidwell added that even decreasing the size of the property to include into the urban growth boundary would still facilitate his needs. Chairman Cruz stated that it will become awkward for the land owner because this land won't be large enough to be farmable and the rest would be limited on the amount of homes. Mr. Kidwell stated he still wished to move forward on this application. With no more questions or comments the public hearing closed. Commissioner Greenway stated that she would have difficulty approving this application due to safety of the airport. Commissioner Bachart moved, seconded by Commissioner Portugal, to close the hearing on the proposed Comprehensive Plan Amendment and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to City Council for the November 20, 2014 meeting. The motion passed five to one with Commissioner Greenaway dissenting. Respectfully submitted, David McDonald, City Planner -2- PLANNING COMMISSION MINUTES 11/20/14 C. Comprehensive Plan 2014-0021 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, explained the Planning Commission held a hearing on this matter last month. During the hearing the Port of Pasco read a letter into the record expressing concern over possible development with Airport Compatibility Zones #2 and #4. Following the hearing staff met with Port and Airport Management and the property owner to review the areas of concern. As a result, staff recommended the proposed UGA boundary change be modified to only include about 80 acres as shown on Map # 6 Chairman Cruz asked if the applicant was amiable to the change and if the Airport was in agreement. Mr. McDonald stated he had spoken with the applicant and the Port and they are in general agreement. Chairman Cruz said he was looking for head nods from the applicant and Port officials in the back of the room which he received both the applicant and the Port officials. Commissioner Bachart moved, seconded by Commissioner Portugal, to adopt the 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 Portugal, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council approve the proposed Comprehensive Plan Amendment expanding the Urban Growth Area as depicted on Exhibit #1. The motion passed unanimously. AGENDA REPORT FOR: City Council December 2, 2014 TO: Dave Zabell, City Manager Workshop Mtg.: 12/8/14 [� Regular Mtg.: 12/15/14 Rick White, Director Comm ty and Economic Development FROM: Dave McDonald, City Planner YA SUBJECT: WALKER COMPREHENSIVE PLAN AMENDMENT, (MF# CPA 2014-003) I. II. REFERENCE(S): 1. Walker Comprehensive Plan Amendment - Vicinity map 2. Walker Comprehensive Plan Amendment - Proposed Ordinance 3. Walker Comprehensive Plan Amendment - Memo to Planning Commission 4. Walker Comprehensive Plan Amendment - Planning Commission Minutes dated 10/16/14 and 11/20/14 ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/8: DISCUSSION: 12/15: MOTION: I move to adopt Ordinance No. an Ordinance amending the Comprehensive Plan by modifying the mixed -residential land use designation at the intersection of Crescent Drive and Chapel Hill Boulevard. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The Growth Management Act requires the City to review and update the Comprehensive Plan every seven years. Minor updates can also be considered on an annual basis. The City typically only undertakes an annual Comprehensive Plan review when one or more applications have been received. B. Roger and Kay Walker, the owners of a four acre parcel located in the 4600 block of Crescent Drive applied for a Comprehensive Plan amendment to have the land use designation of their parcel changed from Low -Density Residential to Mixed - Residential. C. The Planning Commission held a hearing on the Walker application on October 16, 2014. Deliberations followed on November 20, 2014. Following the deliberations the Planning Commission recommended the land use designation of the Walker property be changed from low-density residential to mixed -residential. D. The Planning Commission recommendation for changing the land use designation of the Walker property was based on the findings listed in the attached staff Memo to the Planning Commission. V. DISCUSSION: A. The Comprehensive Plan was adopted by ordinance and therefore must be amended by ordinance. The proposed ordinance attached hereto will modify the land use map of the Comprehensive Plan as recommended by the Planning Commission. B. Adoption of the recommended Comprehensive Plan land use designation does not change the property's existing zoning of RS -12, however it allows for a subsequent application to be submitted for a rezone to higher density residential classification. 4(d` aoo® waso a.,. 1 i}" i l ( 4 n S4` i 3AV ,u 1 i}" r 4 n i 3AV ,u ORDINANCE NO. AN ORDINANCE RELATING TO COMPREHENSIVE LAND USE PLANNING AND AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF PASCO. WHEREAS, the Pasco City Council did on September 2, 2008 adopt by Ordinance No. 3866 establishing a Comprehensive Plan for the City; and, WHEREAS, the Comprehensive Plan adopted under Ordinance No. 3866 fulfilled State requirements under the Growth Management Act; and, WHEREAS, the Growth Management Act permits the City's Comprehensive Plan to be reviewed and updated not more than once per year; and, WHEREAS, on October 16, 2014 the Planning Commission held a public hearing to receive input on a proposed change for the Comprehensive Plan Land Use Map from Low- Density Residential to Mixed Residential for property located in the 4600 block of Crescent Drive; and, WHEREAS, following their hearing the Planning Commission deliberated on November 20, 2014 and recommended the Comprehensive Plan land use designation for property in the 4600 block of Crescent Drive be change to Mixed -Residential; and, WHEREAS, the City Council finds the Planning Commission's recommendation will aid the City in anticipating orderly and coordinated development within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. That Ordinance No. 3866 be and the same is hereby amended to show changes in the land use map of the Comprehensive Plan as indicated in Exhibit "1" attached hereto. Section 2. This ordinance shall be in full force and effect after passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 15th day of December, 2014. Matt Watkins, Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney MEMORANDUM DATE: November 20, 2014 TO: Planning Commission FROM: Dave McDonald, City Planner SUBJECT: Comprehensive Plan Amendment (Walker) (MF# CPA 2014-003) Roger and Kay Walker have applied to amend the Comprehensive Plan land use designation of their property on Crescent Drive from Low -Density Residential to Mixed -Residential. The property contains 4 acres and is located at the far north end of Crescent Drive (4600 Block). The FCID right-of-way is located on the north side of the property and Crescent Drive and the Wilson farm field are located to the east. The Walker property was annexed as a part of the Road 100 Annexation Area in 2000. Upon annexation the property was zone RS -12. In the early 2000's the orchard on the property was removed in anticipation of development. The property owners then prepared a site plan and rough building plans for a residential condominium project in the mid -2000's. The project was unable to move forward due to the Comprehensive Plan designation. Surrounding properties to the north and east are set aside in the Comprehensive Plan for mixed residential or commercial land uses. Accordingly the property to the north was zoned R-4 High Density Residential and the farm field to the east was zoned C-1 Retail Business. The farm field has not developed but the property to the north now contains the Broadmoor Villas Apartment complex. There are also 4 acres of vacant land to the north that is zoned R-4 and is been held by the Broadmoor Villas Apartments as a future apartment expansion area. The properties to the south of the Walker property on the west side of Crescent Drive are developed with low-density single-family homes and the east side of Crescent Drive remains undeveloped except for a church located at the corner of Crescent Drive and Road 108. The east side of Crescent Drive north of the church to the FCID right-of-way can be developed with a variety of retail and office types businesses. The Walkers are requesting a Comprehensive Plan change to designate their property as an area for mixed residential development. The mixed residential classification allows low-density to medium -density residential development with zoning ranging from RS -20 to R-3. Housing styles under the Mixed Residential category would include single-family homes, patio homes, townhouses, condominiums and apartments. The following Comprehensive Plan Goals and Policies are applicable to this application: LU -3-B Policy: Encourage infill and density including planned unit developments to, protect open space and critical areas, and provide recreational areas and amenities in support of more intensive walkable neighborhoods. H-1. GOAL: ENCOURAGE HOUSING FOR ALL ECONOMIC SEGMENTS OF THE CITY'S POPULATION. H -1 -A Policy: Medium and high density housing should be located near arterials and neighborhood or community shopping facilities and employment areas. H -1-B Policy: Support dispersal of special needs housing throughout the community. H -1-C Policy: Avoid large concentrations of high-density housing. H -1-D Policy: Support or advance programs that encourage home ownership. H-2. GOAL: STRIVE TO MAINTAIN A VARIETY OF HOUSING CONSISTENT WITH THE LOCAL AND REGIONAL MARKET. H -2 -A Policy: Allow for a full range of residential environments including single family homes, townhouses, condominiums, apartments, and manufactured housing. H-4. GOAL: ENCOURAGE HOUSING DESIGN AND CONSTRUCTION THAT ENSURES LONG TERM SUSTAINABILITY AND VALUE. H -4-A Policy: Encourage innovative techniques in the design of residential neighborhoods and mixed use areas to provide character and variety in the community. H -4-B Policy: Maintain development regulations and standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses. 2 CF -2 -A Policy: Encourage growth in geographic areas where services and utilities can be extended in an orderly, progressive and efficient manner. TR -1. GOAL: PROVIDE FOR AND MAINTAIN AN EFFECTIVE TRANSPORATION SYSTEM CENTERED ON A CONVENIENT AND INTEGRATED STREET NETWORK. TR -3 Goal: Beautify the major streets of the City. UT -1. GOAL: PROVIDE ADEQUATE UTILITY SERVICES TO THE URBAN GROWTHAREA TO ASSURE THAT THE ANTICIPATED 20 -YEAR GROWTH IS ACCOMMODATED. Changing the Comprehensive Plan on the Walker property would allow a gradation in housing density between the high density apartment development to the north and the lower density single-family development to the south. The land use designation change would also provide a greater range of options for development of the property. The odd shape of the property and the elevation problems with Crescent Drive make it difficult to develop the property with single-family homes. The expense associated with elevating Crescent Drive to properly connect with Chapel Hill Boulevard would be cost prohibitive for single-family development. Crescent Drive will need to be elevated 12 or more feet above its current elevation to achieve the proper grade for connection to Chapel Hill Boulevard. One of the benefits of connecting Crescent Drive to Chapel Hill Boulevard is that traffic to and from the site will not need to travel past the homes to the south on a regular basis. Chapel Hill Boulevard is identified in the Major Street Plan as minor arterial that is planned to connect with Crescent Drive. This connection will complete the general circulation system for the area west of Road 100. The travel distance from addresses on Crescent Drive to the intersection with Road 100 and Chapel Hill Boulevard will be shortened by 1.34 miles. This street connection has been planned for many years. The proposed Comprehensive Plan amendment will allow for a gradation in housing densities as discussed above. This gradation in density will occur only after a rezone is applied for. Permitting higher density development near or adjacent to lower density development always raises the concerns over the impact on property values in neighborhoods. Several single-family developments (Columbia Place, Chapel Hill and Loviisa Farms) have been built adjacent to multi- family developments in the past decade with no appreciable impact on property values (per Franklin County Assessor records). 3 The Walker site contains two parcels of land both within Short Plat 2001-29. To address perceived concerns about the possibility of higher density development immediately adjacent to the existing lower density development the Planning Commission may want to consider recommending changing the Comprehensive Plan designation of the northern 3 acres only. Lot 1 would then serve as a buffer between the single-family properties to the south and future mixed -residential development to the north. Findings of Fact 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 public hearing. I. The site is located on in the 4600 block of Crescent Drive. 2. Crescent Drive is an unimproved gravel road. 3. Crescent Drive must be elevated 12 or more feet above its current elevation to properly connect with the end of Chapel Hill Boulevard when the property in question is developed. 4. The Comprehensive Plan designates the site for low-density residential development. 5. The site is zoned RS -12. 6. The Comprehensive Plan designates the properties directly to the north and east of the site for mixed residential and commercial land uses. 7. The property to the north of the site is zoned R-4 High Density Residential. 8. The property to the east of the site is zoned C-1 Retail Business. 9. The vacant area directly north of the site is zoned for development of more apartment units and is a future expansion area for Broadmoor Villas. 10. With the connection of Crescent Drive to Chapel Hill Boulevard access to the site will be from the north eliminating the need for traffic to travel past the homes to the south. 11. The connection of Crescent drive with Chapel Hill Boulevard has been included in planning documents for many years. 12. Due to the odd shape of the property and the fact Crescent Road will need extensive fill development of the property with single-family dwellings may be cost prohibitive. 13. The location of a mixed -residential area on the site could lead to the development of apartments, condominiums or similar higher density development adjacent to a lower density residential area. 14. Mixed residential development permits less intense development than the existing C-1 zoning along the east side of Crescent Drive. 4 15. The location of higher density residential development adjacent to lower density in other part of the community has shown to create no appreciable impact on the value of nearby single-family properties according to Franklin County Assessor records. 16. The site contains two lots for a total of 4 acres. Conclusions The site is located between an area of more intense land uses and an area of less intense land uses with apartments permitted to the north and retail businesses and offices permitted to the east. Consequently the site is in an area of transition between more intense and less intense uses. Modifying the Comprehensive Plan to designate the site for mixed residential uses will enable the site to serve as a transition area or buffer between the more intense apartment development to the north and the less intense single- family development to the south. Additionally amending the Comprehensive Plan designation for the site would support the land use policy and housing goals identified on pages two and three of this memo. The extension of Crescent Drive to the north may be cost prohibitive for a single-family development on the property. The completion of Crescent Drive may be more feasible with a mixed residential development. 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 therefrom, the Planning Commission recommend the City Council amend the Comprehensive Plan designation for Short Plat 2001-29 to Mixed - Residential. 5 anis aoowodo A z V J m t J pig W � a ct O O N W FM CV N � �el uapisau paxrw lu •� E E- E0 O J J am SOME W � � 2 ?�1 U 0 of •� *+ i tZr � V 3 O J po L) lel4uepisaN paxiw ice+ Cd 4J 14 O bA 0 O O � � � - - ,.. .� � r,H:�ss � vba. _. ��y; .iw b 4:'.o- A< ,. �, ,+ � .. ... 'Y. .. - - � )'� 4 �. t<'� � •< 4 to �° ' ;:' �x '�p}y (y�'�j$� � - p x� � i l+ J 4 y, �j._ HT1 ` +yN 2Yaih N } a 4:.* h �����:y'�$ i� i 9 t d 'via � r.. .F � a �'4, �� � - �. k' e i4 ,'r �x�"k � ;. i' i� �.L PLANNING COMMISSION MINUTES 10/16/14 G. Comprehensive Plan CPA 2014-0031 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the Comprehensive Plan Amendment to modify the urban growth boundary. The property is located at the north end of Crescent Drive where it meets Chapel Hill Boulevard. The 3-4 acre site is currently zoned RS -12 and was zoned that way when annexed in the 1980's. The applicants wish to develop the property at a little higher density than RS -12. The property to the north is designated as mixed - residential which would allow for apartments and the property to the east is zoned C-1 and the properties to the south are zoned RS -12. One of the issues to consider is that this site is difficult to develop, particularly for single-family homes due to the elevation for the on Crescent Dr. It would be cost prohibitive to develop single-family homes due to the amount of fill needed for Crescent Dr. This is one of the reasons why they would like to change the plan. Changing the designation would provide a transition or buffer between the R-4 zoning to the north and RS -12 to the south. Chairman Cruz added to build up the property for road access would be expensive. Harvey Prickett, P.O. Box 34341, Pasco, WA with Wave Architects spoke on behalf of the application. Initially this propertywas an orchard and the Walkers had plans to develop it with a single-family home for themselves. When discussions with the Engineering Department revealed issues with the road, grade and utilities, it was no longer economically feasible for them to do so and they are now trying to adjust their plans. They would like to see a townhome style of residence for this property. Shawn Defferding, 4500 Crescent Road, stated that she was also speaking for other neighbors near this property. They do not wish to see a buffer zone but would like to see a single-family residence. She stated that it will change their quality of life and the character of the neighborhood. Traffic increase was a main concern and they felt they will get more traffic from this development. She stated that when Mediterranean Villas first opened it was mostly seniors or adults and now they are renting and leasing to all ages and there is concern the same will happen in this case. She noted that the applicants will have to finish the infrastructure in front of their home but asked who would have to finish the rest. Chairman Cruz responded that the mixed residential nearby could easily be apartments Chairman Cruz stated that some of the concerns are a little late due to the zoning of the surrounding properties and that the nearby farm will not always be a farm. Ms. Defferding responded that the surrounding neighbors had not understood that. They thought that it would be more commercial zoning. Chairman Cruz responded to the street closures and stated that he can't recall ever asking for street closures and didn't know if that could even be done. Mr. McDonald stated that the difficulty in this case is Crescent Drive and Road 108 are identified in the Major Street Plan to connect to Chapel Hill Boulevard and in the future there will be that connection. This area is within the urban growth boundary so this area will develop and as it develops the street will have to go through. Chairman Cruz asked for clarification as to how the street will get developed. He asked if the road will be completed as needed. Mr. McDonald answered that is correct and briefly explained the process. Ms. Defferding asked how the land is going to be leveled for development. Chairman Cruz answered that in order to get the street to City standards they will have to fill it in. Once it is filled in there will need to be a wall or have it graded so there is a flat spot to build on. Roughly 70% of that lot would be available to build on so there won't be room for several units on this property, just enough to make the development costs worthwhile. Zana Griffith, 4205 Road 111, asked if Crescent Road would open up and feed into Chapel Hill Boulevard. Mr. McDonald responded the applicants will be responsible for building their portion of the road. Ms. Griffith asked for clarification on keeping a barrier to keep people from coming down to Crescent Drive. Mr. McDonald stated that it wouldn't be advisable and would eventually be removed. Chairman Cruz discussed the option of an LID to help with street, road, sewer and irrigation improvements and there may be a street plan. There was discussion between Chairman Cruz and Ms. Griffith on the different options and what could potentially be developed. Mr. McDonald reminded the Planning Commission that at this time they should only be considering the Comprehensive Plan Amendment. Commissioner Polk addressed the problem of speeding from church traffic and suggested that anyone with issues should contact the church to let them know. Mr. McDonald stated that currently the church congregation shouldn't be able to use the road because it is blocked off. Mr. Pritchett stated that he agreed with many of the comments made and they too would like to see the lowest speed. They plan to be responsible developers. With no further questions or comments the public hearing closed. Commissioner Bachart moved, seconded by Commissioner Kempf, to close the public hearing and initiate deliberations and schedule adoption of findings of facts, conclusions and a recommendation to the City Council for the November 20, 2014 meeting. The motion passed unanimously. PLANNING COMMISSION MINUTES 11/20/14 D. Comprehensive Plan Comprehensive Plan Amendment to Change the Land Use Designation from Low Density to Mixed Residential (Roger & Kay Walker) IMF# CPA 2014- 0031 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, explained that the applicant's, the Walker Family are requesting a Comprehensive Plan amendment to make their property consistent with the properties to the north. Following additional discussion on neighborhood comments Mr. McDonald suggested there were a couple of options for creating a buffer between the proposed mixed -residential area and the lower density development to the south. One option would be to leave a portion (Lot 1) of the Walker property out of the proposed change allowing for a low-density buffer to be established. The other option would be to establish a heavily landscaped buffer through a concomitant agreement when the property was rezoned in the future. The Walkers preferred the concomitant agreement approach. Chairman Cruz asked if the matter needed to be continued one month because of the way the staff report was written. After a brief discussion Mr. McDonald stated the Commission could simply read the motion without the words for "Lot T. The motion would then apply to all of the Walker property. Next year when the Walkers applied for a rezone the Planning Commission could ensure a concomitant agreement included the buffer. Chairman Cruz then explained they needed to provide sufficient density to allow the lot to develop but yet do it in a way to not impact the lots to the southwest. Commissioner Bachart asked what the definition of heavily landscaped meant. Mr. McDonald explained that could be determined through the rezone process but, further explained that the zoning regulation listed landscaping requirements for such situations and the number of trees and shrubs are specified. Commissioner Khan asked if the Planning Commission has decided there is a need for a buffer between the higher and low-density housing. Chairman Cruz stated that it was his understanding from the last month but, they had not determined the mechanism to do so. Commissioner Khan stated she did not feel there was a need for a buffer. Commissioner Polk asked if there was some concern over the considerable slope where Chapel Hill Boulevard met Crescent Drive and that fill was going to be needed. Chairman Cruz stated the not all of the property would be able to be used for development because of the needed fill but, the buffer seemed to be a good compromise to allow the property to develop yet provide a buffer for properties to the south. Commissioner Bachart stated he agreed with Chairman Cruz. The property across the street could be developed (for commercial) tomorrow and a 25 foot buffer is very generous. Commissioner Kempf moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the November 20, 2014 staff report. The motion passed unanimously. Commissioner Kempf moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council amend the Comprehensive Plan designation for Short Plat 2001-29 to Mixed - Residential. The motion passed unanimously. AGENDA REPORT FOR: City Council December 3, 2014 Workshop Mtg.: 12/8/14 TO: Dave Zabell, City Manager Regular Mtg.: 12/15/14 Rick Terway, Administrative and Community Services Director FROM: Eva K. Lindgren, Interim Finance Manager SUBJECT: 2014 Budget Supplement I. REFERENCE(S): 1. 2014 Budget Supplement - Proposed Ordinance Amending the 2014 Operating Budget 2. 2014 Budget Supplement - Proposed Ordinance Amending the 2014 Capital Improvements Projects Budget 3. 2014 Budget Supplement - Memo from the Interim Finance Manager to City Manager 4. 2014 Budget Supplement - Exhibit 1, 2014 Budget Supplement Worksheet H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/8: Discussion 12/15: CONDUCT A PUBLIC HEARING MOTION: I move to adopt Ordinance No. , amending the 2014 Operating Budget by providing a Revenue Supplement of $8,486,264 and an Expenditure Supplement thereto in the amount of $12,037,033 and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. , amending the 2014 Capital Improvements Budget by providing an Expenditure Supplement thereto in the amount of $1,628,252 and, further, authorize publication by summary only. III. FISCAL IMPACT: See attached Exhibit 1 — 2014 Budget Supplement Summary IV. HISTORY AND FACTS BRIEF: The items recommended to be included in the Supplemental Budget are for expenditures that were unanticipated or indeterminable at the time of the 2014 Budget preparation. Resources for the expenditures are: 1. Unanticipated revenues 2. Contributions from other funds 3. Fund balances V. DISCUSSION: Please see attached memo from the Interim Finance Manager to the City Manager and Administrative and Community Services Director. 4(e) ORDINANCE NO. AN ORDINANCE AMENDING THE 2014 ANNUAL OPERATING BUDGET OF THE CITY OF PASCO BY PROVIDING SUPPLEMENT THERETO; BY APPROPRIATING REVENUE RECEIVED IN EXCESS OF ESTIMATED REVENUES FOR THE CURRENT YEAR ANND BY PROVIDING TRANSFERS AND ADJUSTMENT AUTHORITY. WHEREAS, staff has identified the need to make certain revisions to the 2014 Annual Operating Budget originally adopted through Ordinance No. 4129 on December 16, 2013; and WHEREAS, a Public Hearing has been held subsequent to due notice, and the City Council has after consideration, deemed the proposed Supplement to the Annual Operating Budget necessary and appropriate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §l. Pursuant to RCW 35A.33.120, the 2014 Operating Budget be and the same is hereby amended to provide for the following adjustments to revenue and expenditures, and by providing authority for any necessary transfer of money within or between funds indicated. FUND REVENUES EXPENSES GENERAL FUND 2,508,000 3,240,984 STREET FUND 851,000 1,071,112 ARTERIAL STREET FUND 21,000 6,500 I-182 CORRIDOR TRAFFIC IMPACT (80,000) - STREET OVERLAY FUND 62,000 210,000 CD GRANT FUND 82,767 (155,500) MARTIN LUTHER KING FUND - 6,000 AMBULANCE FUND 38,000 272,840 CEMETERY FUND 14,000 33,000 BOULEVARD MAINTENANCE FUND (42,000) 434,592 Golf Course Fund (118,000) (172,000) SENIOR CENTER FUND 15,700 25,700 MULTI MODAL FUND - 1,500 RIVERSHORE TRAIL & MARINA FUND - 7,000 SPECIAL ASSESSMENT LODGING 40,000 42,797 LITTER ABATEMENT FUND 5,000 - REVOLVE ABATEMENT FUND 62,000 24,000 TRAC FUND 25,000 18,000 PARK DEVELOPMENT 45,000 15,000 CAPITAL IMPROVEMENT FUND 400,000 1,388,575 ECONOMIC DEVELOPMENT FUND 1,627,000 1,400,688 STADIUM FUND LID DEBT FUND GENERAL CONSTRUCTION FUND WATER/SEWER UTILITY FUND GOVT EQUIPMENT RENTAL O&M FUND BUSINESS EQUIPMENT RENTALO&M FUND GOVT EQUIPMENT REPLACE FUND BUSINESS EQUIPMENT REPLACE FUND MEDICAL DENTAL FUND (closed) MEDICAL FUND DENTAL FUND VISION FUND OLD FIRE PENSION OLD FIRE OPEB TOTAL CITY WIDE OPERATING BUDGET 462,500 17,500 173,000 40,938 1,628,252 1,628,252 1,067,500 1,470,146 24,255 24,255 - 2,570 79,288 1,807,325 18,111 27,975 (6,395,858) (6,251,607) 5,370,964 4,944,291 447,434 395,600 54,351 39,000 - 5,000 - 15,000 8,486,264 12,037,033 The above items are shown as revenues and appropriations to specific budgets and items within budgets in the attachment marked "Exhibit 1 — 2014 Budget Supplement' the Expenditure/Revenue detail, which is incorporated herein as though fully set forth. §2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above and in the Exhibit and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance §3. This Ordinance shall take effect five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, on this 15th day of December, 2014. Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney ORDINANCE NO. AN ORDINANCE RELATING TO SUPPLEMENTAL CAPITAL IMPROVEMENT PROJECTS BUDGET FOR THE YEAR 2014. WHEREAS, staff has identified the need to make certain revisions to the 2014 Capital, Improvement budget originally adopted through Ordinance No. 4129 on December 16, 2013, and WHEREAS during the year 2014 additional capital improvement expenditures became necessary that were unanticipated and a need exists requiring a Supplement to provide for such expenditure authority, and WHEREAS a Public Hearing has been held subsequent to due notice, and the City Council has after consideration, deemed the proposed Supplement to the Capital Improvements Projects Budget necessary and appropriate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §l. The following capital improvement projects hereby authorized, budgets amended and projects closed as detailed below: Proiect Title NEW 2014 PROJECTS Police Station Richardson Pool Demolition Road 68 - Triple Right 20th Ave Access Management Butterfield WT? -Intake Screens 2014 Annual Water Line Ext Water Line Extension - PWRF Potable Water Line Service Storm RetroFit ($100K of $170K) Current Change In New Total Authority Authority Authority - 564,214 564,214 - 165,000 165,000 - 45,000 45,000 - 55,000 55,000 - 299,077 299,077 - 210,467 210,467 - 60,000 60,000 - 60,000 60,000 90,000 90,000 Total New Projects 1,548,758 1,548,758 CONTINUING PROJECTS WITH 2014 INCREASES Waterline Ext - Broadmoor Tank to Burns 140,000 67,570 207,570 Muni Courthouse 3,734,208 140,358 3,874,566 Financial System - Financials 197,762 (1,214) 196,548 Financial System - HR & Payroll 233,214 2,785 235,999 Financial System - Financials 233,214 2,785 235,999 Replace Kurtzman Pool 250,000 61,647 311,647 4th Ave Corridor - North Segment 827,350 155,724 983,074 Oregon Ave (SR397) - Entrance (Ph 2 Intersection) 48,390 58,227 106,617 Lewis Street Demolish - Phase 1 578,035 19,298 597,333 2014 Alley Hard Surfacing (Chip Sealing) - 110,000 110,000 4th Ave Block Wall 31,558 10,535 42,093 Lewis St Overpass 5,951,943 65,783 6,017,726 PWRF Plant - Phase 1 - Screening 2,221,570 38,920 2,260,490 Phase 3 - BOD Winter Storage Pond (30 MG) 487,000 415,331 902,331 Total Continuing with 2014 Increases 14,934,244 1,147,749 16,081,993 PROJECTS CLOSING IN 2014 Replace Kurtzman Pools 250,000 61,647 311,647 4th Ave Corridor - North Segment 827,350 155,724 983,074 St Ignatius - 78,000 78,000 2011 STP Grant Overlays 1,241,152 - 1,241,152 4th Ave Block Wall 31,558 8,902 40,460 Rd 100 Widening Ph I - Sidewalk Extension 17,900 - 17,900 I-182 Off and On Ramp @ Rd 52 350,000 (350,000) - Off Ramp at Road 44 100,000 (100,000) - 2011 Filtration Plant Storage Building 260,500 (226,888) 33,612 Waterline Ext - Broadmoor Tank to Burns 140,000 65,585 205,585 USBR Irrig Connection 2,515,712 (256,472) 2,259,240 Butterfield WTP -Traveling Screens 615,000 (615,000) - 2014Irrigation Annual Upsizing - 40,848 40,848 Lift Station- Commercial & Kahlotus 1,371,990 (121,647) 1,250,343 Commercial & Kahlotus Sewer Ext South 112,272 112,272 2014 Annual Sewer Line Extensions 200,000 200,000 2013 Annual Sewer Relining 718,476 - 718,476 PWRF Plant -Phase 1 2,221,570 38,920 2,260,490 PWRF Plant -Phase 2 1,083,530 - 1,083,530 Phase 3 - BOD Winter Storage Pond (30 MG) 487,000 207,126 694,126 Phase 5 - EQ Basin Rebuild (5MG) 500,000 - 500,000 Potable Water Line Service - 60,000 60,000 LID Riverview Estate Stormwater 115,000 (115,002) - Total Projects Closing 13,159,010 (1,068,255) 12 090 755 TOTAL INCREASES TOTALDECREASES NETCHANGE $ 3,414,473 $ (1,786 221) $ 1,628,252 §2. This Ordinance shall take effect five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, on this 15th day of December, 2014. Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney 2014 Operating & Capital Budget Supplement Memorandum Date: December 3, 2014 To: Dave Zabell, City Manager Rick Terway, Administrative & Community Services Director From: Eva K. Lindgren, Interim Finance Manager Subject: 2014 OPERATING AND CAPITAL IMPROVEMENTS PROJECTS BUDGET SUPPLEMENT As is traditionally the case, a budget supplement is required to increase the legal spending authority for those items unanticipated or indeterminable at the time the 2014 Annual Operating and Capital Improvements Projects Budgets were adopted. 2014 OPERATING BUDGET SUPPLEMENT Resources for the 2014 Operating Budget Supplement are unanticipated revenues, contributions from active funds, and fund balances. The budget supplement ordinance will only list those funds that will actually increase or decrease budgeted revenues and/or expenditures. GENERAL FUND The following departments require additional authority to cover unanticipated expenditures. Please refer to the attached Exhibit to see the affected line items. The major changes by department in the General Fund are described below. $2,508,000 of these additional expenditures is covered by 2014 revenues in excess of original budget and by $732,984 use of fund balance. The net increases in Department budgets are as follows: Court $170,000 City Manager's Office 233,000 Police 258,000 Fire 501,000 Admin. & Community Services 682,610 Community & Economic Dev. 93,000 Library 81,425 Non -Departmental 980.949 Total General Fund $3,240,984 The City Manager's Office increase of $233,000 is primarily related to: • Transitions in positions of City Manager and HR Manager, including overlapping time on payroll, separation eligible payments, moving allowance, etc. ($164,000). • Professional Services costs associated with unbudgeted AWC payment ($44,000). Page 1 2014 Operating & Capital Budget Supplement Memorandum The Police Department increase of $258,000 is primarily attributable to: • Anticipated jail contract cost over -run ($170,000). • Under -budgeted overtime ($50,000), due to injuries and administrative leave associated with on -duty incidents. The Fire Department increase of $501,000 is entirely attributable to wages and benefits: • Overtime has historically been under -budgeted in the Fire Department. This year the true -up comes to $140,000. Additionally, in anticipation of a union contract settlement, the supplement includes ($361,000) for retro pay and wage adjustments. The Administration and Community Services increase of $682,610 is primarily related to: • Supplies for unbudgeted Facilities and Information Services ($183,664). • Services for Billings, Facilities, Cyber Shop and Legal Services ($359,046). Of this category the most significant components include an increase of $155,000 for billings related to credit card service fees and $150,000 for legal combined services. The Community and Economic Development increase of $93,000 reflects the netting of reductions and increases to its budget. • Wages and benefits were reduced by $55,000 and $35,000, respectively, due to unfilled positions. • The professional services increase of $183,000 was due to the need for additional professional services to cover the unfilled positions and for housing project expenses determined ineligible under HUD settlement. The Library budget increase of $81,425 is primarily attributable to a projected budget overage for organizational services of $73,000. The Non -Departmental increase of $1,221,949 is primarily attributable to the following: • Transfers out totaling $899,072. Of this amount, $300,000 is being transferred to the Street Fund for the LED Street Lights project; $440,000 is being transferred to the Stadium Convention Center to cover a negative fund balance; $38,000 is being transferred to the Ambulance Fund to cover a possible collective bargaining agreement settlement. • Services totaling $191,877. Of this amount, $71,877 is to refund a tax over payment; the remainder is to cover under -budgeted retiree medical services and insurance premiums and claims by $90,000 and $30,000, respectively. OTHER OPERATING FUNDS STREET FUND Budget changes for this fund all relate to various street related maintenance projects and studies. Revenue changes consist of transfers in, franchise fees and private contributions. Some examples of these projects are the Court Street ADA improvements, the School Flashing Beacon Upgrade, and the LED Street Lights projects. Page 2 2014 Operating & Capital Budget Supplement Memorandum ARTERIAL STREET FUND The Arterial Street fund provides project funding for construction work done on major streets. Revenue changes consist of motor vehicle fuel tax and East Zone increases. Only $6,000 is sought to cover a projected budget overage for consultant fees. I-182 CORRIDOR TRAFFIC IMPACT FUND The I-182 Corridor Traffic hnpact fund provides project funding for construction projects. Revenue changes consist of a decrease in the estimated revenues from Traffic Impact. STREET OVERLAY FUND The Street Overlay Fund revenue increase is entirely attributable to Electric B&O Taxes. Roadway maintenance projects and transfers out to the CII' projects require $150,000 and $69,000 in additional appropriations. COMMUNITY DEVELOPMENT GRANT FUND The Community Development Block Grant Program revenue changes are attributable to transfers in to cover disallowed grant expenditures ($4,700); recognize an increase to program income of $430,000 and a decrease of HUD grant funding of $320,000, as a result of the program income. The HOME Program recognizes a net reduction to revenues of $50,000 and increases in interfund transfers of $18,067 to cover disallowed grant expenditures. Additionally, a reduction of $100,500 in budgeted expenditures is proposed due to the fact no additional properties will be purchased prior to the end of the year. The NSP Fund budgeted expenditures is being reduced by $55,000 for down payment assistance, due to no projects pending before year-end. AMBULANCE FUND A total expenditure budget increase of $272,840 is needed for the Ambulance Fund. Extended medical time loss and a proposed contract settlement have increased wages and benefits $158,000 over the original budget. The remaining balance represents under -budgeted insurance premium & claims services. In order to cover the underage, $38,000 is being transferred in from the General Fund. CEMETERY FUND The level of business at the cemetery was more than originally planned for resulting in additional revenue ($14,000) and related cost ($33,000) increases. BOULEVARD MAINTENANCE FUND The Boulevard Maintenance Fund is expected to miss its revenue budget estimates by $42,000. Appropriation increases of $434,592 are being sought to cover an interfund loan distribution of $414,592 and increased maintenance supply costs totaling $20,000. Page 3 2014 Operating & Capital Budget Supplement Memorandum GOLF COURSE FUND The golf course is expected to break even for the year, with the proposed reduction of the Golf Course lease payments by $187,000. This reduction was largely driven by the anticipated revenue shortfall associated with pro shop merchandise and season pass sales. SENIOR CENTER FUND Revenues consist of a one-time transfer in for $15,700. The appropriation request for $25,700 is primarily to cover the cost of unanticipated repairs and upgrades to the Senior Center. MULTIMODAL FUND The appropriation request for $1,500 is to cover unanticipated budget over -run for wages. MARINA FUND The appropriation request for $7,000 is to cover unanticipated budget over -run for water. SPECIAL ASSESSMENT LODGING FUND As revenues came in higher than originally planned, expenditures are also higher to the Tri - Cities Visitor and Convention Bureau as the fund is essentially a pass-through of revenues collected. LITTER ABATEMENT FUND A transfer in from the General Fund for $5,000 is to ensure a positive fund balance. REVOLVE ABATEMENT FUND As revenues came in higher than originally planned, expenditures are also higher. TRAC FUND Revenues from the lodging tax came in higher than originally planned, and a payment attributable to the prior year was paid in the current year, increasing the required appropriations by $18,000. PARK DEVELOPMENT FUND This fund collects fees on new construction for park development. Collections exceeded the budget by $45,000. An appropriation increase is for $15,000 for property tax assessments for the purchase of park land near Chapel Hill Road. Page 4 2014 Operating & Capital Budget Supplement Memorandum CAPITAL IMPROVEMENT FUND First and Second Quarter BEET revenues exceeded the budget by $400,000, which is reflected in this request. This fund is contributing $301,000 to the Street Lights project and $1,087,575 to the General CIP Fund to provide funds for the proposed 2014 supplemental capital projects. ECONOMIC DEVELOPMENT FUND The revenue budget is being increased by $1,627,000. Of this, $1,400,000 is for the interfund loan approved by the Council on January 21, 2014. The remaining $227,000 is attributable to the sale of assets. Of the $1,400,688 increase in appropriations being sought, $1,350,688 is for the purchase of land and improvements originally intended for the Regional PFD Aquatics Center. STADIUM CONVENTION CENTER FUND Of the proposed $462,000 increase to revenues, $440,000 is attributable to a one-time transfer from the General Fund to cover a negative fund balance. GESA Stadium costs are slightly higher than anticipated; an additional appropriation of $17,500 is being sought. LID DEBT FUND This fund provides temporary financing for LID construction. Construction during the current year was slightly higher than budgeted which results in an additional transfer of $40,938. Revenue increases totaled $173,000 — all attributable to assessment payments exceeded the budget. GENERAL CONSTRUCTION FUNDS This fund collects funds from a variety of sources and constructs non-utility projects. Once projects start other funding sources (e.g. grants) may come available. When projects are finished under budget then additional funds are available to return from the construction fund. The 2014 Supplemental Budget of $1,628,252 relates to a variety of projects and generally represents change in timing of expenditures between budget years. These expenditures are reflected and offset by various funding (revenue) transfers to reflect updated construction schedules and return of city funding replaced by federal grant funding. WATER/SEWER UTILITY FUND Proposed increases to the revenue budget total $1,067,500. Water Sales and Irrigation Sales, are proposed for increases of $345,000 and $200,000, respectively. The proposed budget appropriation increases total $1,470,146. Of this amount, $433,837 is for transfers out to the CIP Fund to cover the cost on 2014 capital projects supplemental budget. Page 5 2014 Operating & Capital Budget Supplement Memorandum EQUIPMENT REPLACEMENT O & M (GOV'T) FUND A transfer in for $24,255 is being proposed to cover the proposed increase to appropriations for the same amount to cover the cost of unbudgeted supplies and services relating to the equipment replacement fund primarily for unusual and costly hydraulic and engine repairs. EQUIPMENT REPLACEMENT O & M (UTILITY) FUND Only an additional appropriation of $2,570 is being sought to cover cost of increased tire wear on vactor and jet trucks. EQUIPMENT REPLACEMENT (GOV'T) FUND Revenue increases total $79,288. Of this amount, $58,350 is attributable to transfers in from the General Fund to cover the replacement of vehicles and equipment, and underfunded vehicles and equipment. Proposed appropriation increases total $1,807,325. Of this amount, $1,400,000 is for the interfund loan payment approved by the City Council on January, 21, 2014. Other appropriation requests relate directly to the purchase of vehicles and equipment, including a dump truck, a tractor, a mower, and ambulances. EQUIPMENT REPLACEMENT (UTILITY) FUND All of the proposed revenue increases are for interfund revenues for the replacement of a 1992 dump truck. Of the $27,975 in increases in appropriations being sought, $18,115 is attributable to the purchase of the dump truck replacement. MEDICAL/DENTAL INSURANCE FUND Due to new federal requirements, this fund was "closed" in late 2013, but the 2014 budget did not reflect this. As a result, in this budget supplement, all budgetary accounts are being zeroed out in this fund and budgets are being established in three new funds, in its place: the Medical Insurance Fund; the Dental Insurance Fund; and the Vision Insurance Fund. MEDICAL INSURANCE FUND Revenues are being increased by $5,370,964 and appropriations are being increased by $6,251,607. Of the revenues, $100,000 represents the transfer out from the Medical/Dental Insurance Fund to remove a portion of its beginning fund balance. DENTAL INSURANCE FUND Revenues are being increased by $447,434 and appropriations are being increased by $395,600. Page 6 2014 Operating & Capital Budget Supplement Memorandum VISION INSURANCE FUND Revenues are being increased by $54,351 and appropriations are being increased by $39,000. Of the revenues, $44,251 represents the transfer out from the Medical/Dental Insurance Fund to remove the remaining portion of its beginning fund balance. 2014 CAPITAL IMPROVEMENT BUDGET SUPPLEMENT Some projects will be complete by the end of 2014 and will be closed and removed from the Capital Improvement Budget. Also, during the course of the year some capital improvements projects exceed their original appropriation and some are new and thus not included in the 2014 Capital Improvements Projects Budget. Therefore, a supplement to the 2014 Capital Improvements Projects Budget is required. The total amount of projects with current authority is $28,093,254. New projects total $1,548,758, continuing projects require increases of $1,147,749, and closing projects require decreases of $1,068,255. Taking all of those factors into consideration, the total new authority for capital projects comes to $29,721,506, of which $12,090,755 will be closed at year end. The total net increase in the Capital hnprovement Budget is $1,628,252. Page 7 EXHIBIT 1 - 496,000 Increased labor costs Benefits 2014 Operating Budget Supplement Account Description REVENUES EXPEND FUND UAL Explanation GENERALFUND ACS Property Taxes (95,000) Wages & Overtime Overbudgeted revenues Local Sales Taxes 1,780,000 Benefits Underbudgeted revenues Broker NU Gas Use Tax 190,000 Supplies Undethudgeted revenues Criminal Justice 1/10% 150,000 Services Underbudgeted revenues Telephone B&O Tax (230,000) Overbudgeted revenues Electric B&O Tax 350,000 CED Underbudgeted revenues Building Permits 300,000 Wages Underbudgeted revenues Investment Interest (65,000) Overbudgeted revenues Golf Course Lease (187,000) Professional Services Lease unsustainable by Golf Fond Traffic hil'mction Penalty (45,000) Overbudgeted revenues Debit/Credit Card Fees _ 360,000 LIBRARY Underbudgeted revenues Total Revenues 2,508,000 - COURT Library Sign Services Wages Underbudgeted 100,000 Total Libmry Benefits 28,000 Legal Combined Services 42,000 Total Court - 170,000 CrFY MANAGER'S OFFICE Wages 125,000 City Manager & Human Resources Manager Transition Benefits 27,000 City Manager & Human Resources Manager Transition Miscellaneous Services 15,000 Moving Expense Services 66,000 AWC premium ($44,000) transfer from finance budget Total City Manager's Office - 233,000 POLICE Wages/Overtime 80,000 Overtime increase due to staffing availability Benefits 8,000 Overtime increase due to staffing availability Other Contract Services 170,000 Prisoner Housing Total Communications - 258,000 FIRE Wages & Overtime 496,000 Increased labor costs Benefits 5,000 Increased labor costs Total Fire - 501,000 ACS Wages & Overtime 76,400 Underbudgeted Wages -Overtime Benefits 63,500 Underbudgeted Benefits Supplies 183,664 IS & Facilities (primarily) Services 359,046 Additional Legal and Billing Services Total ACS - 682,610 CED Wages (55,000) Salary lary Savings (35,000) Salary Savings Professional Services 183,000 Com met services to cover for staffing shortages Total CED - 93,000 LIBRARY R&M Supplies 1,270 Library Sign Services 80,155 Underbudgeted Total Libmry - 81,425 Page 1 2014 Operating Budget Supplement Account Description REVENUES EXPEND FUND BAL NONDEPARTMENTAL Underbudgeted Wages (106,500) Medical/Vision Premium 92,500 Organizational Services 140,000 Services 191,877 Transfer to Fund 189 5,000 Transfer to ER fund 515 58,350 Transfer to Stream 110 300,000 Transfer to CDBG fund 140 4,700 Transfer to HOME fund 142 18,067 Transfer to Ambulance Fund 150 38,000 Transfer to Senior Center fund 170 15,700 Transfer to Stadium Convention Center Fund 195 440,000 Transfer Out to Fund 510 (Equip. O&M) 24,255 Total NonDepartmental - 1,221,949 TOTAL GENERAL FUND 2,508,000 3,240 984 (732 984) STREET FUND Explanation Labor Contract settlements Underbudgeted premiums Underbudgeted Underbudgeted retiree Medical Svcs, tax refund to DOR To ensure positive fund balance Underfunded due to increase of vehicle purchases LED Stream Lights Disallowed charges Disallowed charges Possible CBA settlement To cover City Manager Discretionary projects and prof svcs. overage To cover Stadium Convention Center's negative Fund Balance Transfer to provide funds to cover supplemental budget requests Franchise Fees 200,000 Underbudgeted Private Contributions 50,000 Project contribution Transfer from OF 300,000 LED Street Lights Transfer from Capital Imprvmt. Food 301,000 TED Sum Luta Wages- Overtime 24,845 Snow events & project overrun Supplies 127,955 School Flashing Beacon Upgrade & project overrun Services 918,312 LED Street lights & Courts St. ADA upgrades TOTAL STREET FUND 851,000 1,071,112 (220112) ARTERIAL STREET FUND Morar Vehicle Fuel Tax 15,000 Unrimbudgeted East Zone 6,000 Underbudgeted Consultants 6,500Underbudgeted TOTAL ARTERIAL. STREET FUND 21,000 6 500 14,500 1-182 Corridor Traffic impact Traffic Impact 180,000) Overbudgeted TOTAL 1-182 CORRIDOR (80,000) (80,000) STREET OVERLAY FUND Electric B&O Tax 62,000 Underbudgeted PW -Roadway Maint. Prej. Svcs. 150,000 Underbudgeted projects Transfer Out 60,000 2014 Supplemental CIP Projects TOTAL STREET OVERLAY FUND _ 622000 210.000 (14&000) CD GRANT FUND Transfer from GF fund 100 4,700 Disallowed charges Program Income 430,000 Received Program Income Fed Direct HUD (320,000) Program income must be used before receiving grant funds. TOTAL CDBG FUND 114,700 HOME GRANT FUND Richland Home Consortium Interlocal Oper. Grants Transfer from GF fund 100 Items 1br Resale (100,500) TOTAL HOME FUND (31,933) (100 500) 200,000 (250,000) 18,067 Underbudgeted Overbudgeted Disallowed expenses Will not be purchased before year-end NSP FUND Downpayment Assistance (55,000) Will not be used before the end of the year TOTAL NSP FUND (55,000) CD GRANT FUND #14X..82,767 (155,500) 238 267 Page 2 Page 3 2014 Operating Budget Supplement Account Description MLK CTR. FUND REVENUES EXPEND FUND BAL Explanation Wages _ 6,000 Underbudgeted TOTAL MLK CTR FUND - 6,000 (6,000) AMBULANCEFUJND Transfer In - One Time 38,000 Underfunded change of conditions Transfer Out to CIP Fund 367 46,840 Uufimded projects Wages 105,500 Underfunded Benefits 52,500 Underfunded Insurance Prem & Claims 68,000 Deductible underbudgeted TOTAL AMBULANCE FUND 38,000 272,840 (234 840) CEMETERY FUND Cemetery Services 14,000 Underbudgeted Wages 6,000 Underbudgeted Benefits 10,000 Underbudgeted CM one time Service 3,000 Install fire & security system City Mgr Discretionary Item 7,000 Complete brig SystemAandscape front of Cemetery Tools Equip 7,000 Lowering Device TOTAL CEMETERY FUND 14,000 33,000 (19,000) BOULEVARD MAINTENANCE FUND Broadmoor Blvd. Zone (29,000) Overbudgeted Burden Blvd. Zone (13,000) Overbudgeted VF Loan Proceeds Distribution 414,592 Unbudgeted R&M Supplies 20,000 Underfunded supplies & 1.182 Fencing TOTAL BOULEVARD MAINTENANCE (4L000) 434,592 (476,592) GOLF COURSE FUND Pmshop Merchandise (26,000) Overbudgeted Season Pass (92,000) Overbudgeted FF Golf Course Rent (187,000) Golf Course Fund could not sustain $300K rent per annum. Professional Services 15,000 Underbudgeted TOTAL GOLF COURSE FUND (118,000) (172,000) 54,000 SENIOR CENTER FUND Transfer In - One Time 15,700 To cover City Mgr Discretionary Svcs. And Prof. Svcs. Overage Wages 10,000 Underbudgeted City Mgr Discretionary Rem 6,200 Replace countertops, window, light fixtures, Microphone system Professional Services 9,500 Underfunded Clean Heating/AC Duct System & Vents TOTAL SENIOR CENTER FUND 15,700 25,700 (10 000) MULTI MODAL FUND Wages 1,500 Underbudgeted TOTAL MULTI MODAL FUND - 1,500 (1 SOU) MARINA FUND Water (City Non -Tax) _ 7,000 Underbudgeted TOTAL MARINA FUND _ 7,000 (7 000) LODGING TAX FUND Hotel/Motel TPA 40,000 Underbudgeted Organizational Svcs. -42,797 Underbudgeted TOTAL LODGING TAX FUND 40,000 42,797 f2 797) LITTER ABATEMENT FUND Transfer from GF 5,000 To ensure positive fund balance TOTAL LITTER ABATEMENT FUND 5,000 5,000 REVOLVEARATEMENTFUND Abatement Charges 15,000 Underbudgeted Penalties (Non -Court) 47,000 Underbudgeted Nuisance Abatement -62,000 24,000 Underbudgeted TOTAL REVOLVE ABATEMENT FUND 24,000 38 000 Page 3 LID 144 FUND Special Assessment Interest 2014 Operating Budget Supplement Account Description REVENUES EXPEND FUNDEAL Explanation TRAC FUND IT Loan Repayment Transfer in from Ambulance Fund 20,938 Underbudgeted Hotel/Motel Taxes 25,000 20,938 TOTAL GENT, CONSTRUCTION FUND Underbudgeted Organizational Services 18,000 Special Assessment Principal Recd Pmt for prior year TOTAL TRAC FUND 25,000 18,000 7 000 10,000 Underbudgeted 10,000 PARK DEVELOPMENT FUND LID 148 FUND Neigh Park District #1 25,000 73,000 Underbudgeted Neigh Park District #2 20,000 10,000 Underbudgeted Underbudgeted Property Tax Assessments 10,000 15,000 LID 149 FUND Underbudgeted TOTAL PARK DEVELOP FUND 45,000 15,000 30,000 CAPITAL IMPROVEMENT FMD 74,000 1st QTR REET 200,000 40,938 132 062 Underbudgeted 2nd QTR REST 200,000 Underbudgeted Transfer to Street 301,000 LED Street Lights Transfer to General COP Food 1,087,575 To cover 2014 supplemental budget projects TOTAL CAPITAL IMPROVEMENT FUND 400,000 1,388,575 (988,m ECONOMIC DEVELOPMENT FUND Sale of Capital Assets 227,000 Unbudgeted 1/F Loan Proceeds from Fund #515 1,400,000 Interfand loan approved by Council 1/21/14 Land 1,350,688 Land purchased with proceeds Organizational Services 35,000 DPDA Strategic plan Website development R&M Supplies 15,000 Repair & Maint costs higher than anticipated TOTAL ECONOMIC DEVELOP FUND 1,627,000 1400688 226 312 STADIUM CONVENTION CENTER Hotel/Motel Taxes 20,000 Underbudgeted Long-term space lease 2,500 Underbudgeted Transfer in from General Food 440,000 Negative fund balance Services 17,500 Underfunded Gesa Stadium Maintenance TOTAL STADIUM CONVENTION CENTER 462,500 17,500 445 000 LID 144 FUND Special Assessment Interest 5,000 To provide funding for 2014 supplemental budget projects Underbudgeted Special Assessment Principal Reed 11,000 Transfer in from Street Overlay Food Underbudgeted IT Loan Repayment Transfer in from Ambulance Fund 20,938 Underbudgeted CAPITAL PROJECTS 16,000 20,938 TOTAL GENT, CONSTRUCTION FUND LID 146 FUND Special Assessment Principal Recd 10,000 Underbudgeted IN Loan Repayment 10,000 Underbudgeted 10,000 10,000 LID 148 FUND Special Assessment Principal Recd 73,000 Underbudgeted OF Loan Repayment 10,000 Underbudgeted 73,000 10,000 LID 149 FUND Special Assessment Principal Recd 74,000 Underbudgeted 74,000 TOTAL ALL LID 1732000 40,938 132 062 GENERAL CONSTRUCTIO Transfer in from Cap. hnpr. Fund 1,087,575 To provide funding for 2014 supplemental budget projects Transfer in from Utility Fund 433,837 To provide funding for 2014 supplemental budget projects Transfer in from Street Overlay Food 60,000 To provide funding for 2014 supplemental budget projects Transfer in from Ambulance Fund 46,840 To provide funding for 2014 supplemental budget projects CAPITAL PROJECTS 1,628,252 -1.628,252 Additional funding needed TOTAL GENT, CONSTRUCTION FUND 1,628,252 Page 4 2014 Operating Budget Supplement Account Description REVENUES EXPEND FUND BAL Explanation WATER/SEWER UTILITY FUND (4,869,961) Move revenue budgets to Funds 521; 522; and 523 Water Sales 345,000 Underbudgeted Irrigation Sales 200,000 Underbudgeted State Grant Ecology (Operating) 17,500 Underbudgeted State Ecology Contributed Capital 400,000 Undebudge1ed Capital Sewer CIP - Expansion 105,000 100,000 Underbudgeted Transfers Out to CIP Fond 433,837 To cover proposed projects in C)P Supplemental Budget Wages & Overtime 237,000 Underbudgeted Irrigation, PWRF, Sewer Treatment Plant Benefits 55,000 Underbudgeted Irrigation, PWRF, Sewer Treatment Plant Supplies 6,395,858) 287,758 Underbudgeted additional expansions Services 456,551 Underbudgeted TOTALWATER/SEWER UTILITY FUND 1,067,500 1,470,146 (402646) GOVT EQUIPMENT REPLACEMENT O&M 399,753 Transfer in from Geaeral Fund 24,255 1,250 Transfer to provide funds to cover supplemental budget requests Tires & Batteries Transfer in from Medical/Dental Fund #520 6,630 Tire Expenditures coming up Grader, Ambulances, Regular Tire Purchase Services Services 17,625 Unusual and costly repairs Hydraulic & engine TOTAL GOVT ER O&M 24,255 24,255 4,944,291 UTILITY EQUIPMENT REPLACEMENT O&M Tires & Batteries _ 2,570 Increased usage on Vactor Truck & Jet Track tires wearing out at a faster rate TOTAL Utility ER O&M 2,570 ___L2,5_701 GOVT EQUIPMENT REPLACEMENT FUND ER Tools Eqpt Furu X5000. (15,530) ER Vehicles to CWIP 422,855 I/F Loan Disbursement to Fund #194 1,400,000 YF Loan Receipt 20,938 Transfer from General Fund 100 _ 58,350 TOTAL GOVT EQUIP REPL FUND 79,288 1,807,325 (1,728,037) DVR's not purchased in 2014 Police Dept Various vehicles actual cost higher than anticipated Interf lad Wan approved by Council 1/21/14 Underbudgeted Various vehicles actual cost higher than anticipated UTILITY EQUIPMENT REPLACEMENT FUND OF ER replacement 18,111 PWRF Veh # 7740 1992 Kenworth Dump Truck purchased in 2014 ER Vehicles to CWIP 27 975Purchase of Dump truck for PWRF and other PWRF vehicles TOTAL UTILITY EQUIP REPL FUND 18,111 27,975 (9,86 4) MEDICAIJDENTAL FC -(Closed 2013 Estimated Beginning Fund Balance (677,460) Remove estimated beginning fund balance OF Medical Premium Employer (4,869,961) Move revenue budgets to Funds 521; 522; and 523 Med. Premium EE Deduct (399,753) Move revenue budgets to Funds 521; 522; and 523 OF Dental Premium Employer (409,607) Move revenue budgets to Funds 521; 522; and 523 Dental Premium EE Deduct (37,827) Move revenue budgets to Funds 521; 522; and 523 Investment Interest (1,250) Move revenue budgets to Funds 521; 522; and 523 Transfer Out to Medical Fund #521 100,000 Transfer out beginning fund balance to Fund 523 Transfer Out to Vision Food #523 44,251 Transfer out beginning land balance to Fund 523 Services (5,181,891) Move expenses budgets to Funds 521; 522; and 523 Estimated Ending Fund Balance (1,213,967) Remove estimated ending fund balance TOTAL MEDICALIDENTAL FUND 6,395,858) (6,251,607) (144 251) MEDICAL FUND OF Medical Premium Employer 4,869,961 Move revenue budgets from Fund 520 (Closed in 2013) Med. Premium EE Deduct 399,753 Move revenue budgets from Fund 520 (Closed in 2013) Investment Interest 1,250 Move revenue budgets from Fund 520 (Closed in 2013) Transfer in from Medical/Dental Fund #520 100,000 Transfer in Fund 520 beginning fund balance Services 4,944,291 Move expenditure budgets from Fond 520 (Closed in 2013) TOTAL MEDICAL FUND 5,370.964 4,944,291 426 673 DENTAL FUND I/F Dental Premium Employer 409,607 Move revenue budgets from Fund 520 (Closed in 2013) Dental Premium EE Deduct 37,827 Move revenue budgets from Fund 520 (Closed in 2013) Services -395,600 Move expenditure budgets from Fund 520 (Closed in 2013) TOTAL DENTAL FUND 447,434 395,600 51 834 Page 5 2014 Operating Budget Supplement VISION Account Description REVENUES EXPEND FUND RAL Explanation FUND I/F Vision Premium Employer 6,000 Budget revenues for new fund Vision Premiam BE Deduct 4,100 Budget revenues for new fund Transfer in from Medical/Dental Fond #520 44,251 Transfer in Fund 520 beginning fiord balance Services 39,000 Budget expenditures for new fiord TOTAL VISION FUND 54,351 39,000___ 15,351 OLA FIRE PENSION FUND Pensions 5,000 Potential budget overage TOTAL OLD FIRE PENSION FUND 5,000 (5 000) OLD FIRE OPER VF MedicaWision Prenuums _ 15,000 Potential budget overage TOTAL OLD FIRE OPEB - 15,000 (15,000) Grand Total 82486,264 12,037,033 (3,550 769) Page 6 AGENDA REPORT FOR: City Council December 3, 2014 TO: Dave Zabell, City Manager _ ! Workshop Mtg.: 12/8/14 FROM: Stan Strebel, Deputy City Manager Regular Mtg.: 12/15/14 SUBJECT: Airport Parking Regulations I. REFERENCE(S): 1. Airport Parking Regulations — Proposed Interlocal Agreement 2. Airport Parking Regulations — Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/8: Discussion 12/15: MOTION: I move to approve the Interlocal Agreement with the Port of Pasco and authorize the City Manager to execute the agreement. MOTION: I move to adopt Ordinance No. , creating Airport Parking and Traffic Regulations and, further, authorize publication by summary only. III. FISCAL IMPACT: Additional infraction filings with the Municipal Court will be offset somewhat by fine revenue. IV. HISTORY AND FACTS BRIEF: A) The Port of Pasco has decided to have its police officers cite parking and traffic offenders for violations at the airport. Previously, this function was provided by County Sheriff personnel with citations heard in District Court. B) The proposed interlocal agreement provides that the Port will have authority to enforce Pasco Municipal Code Title 9 (numerous) and Title 10 (traffic) regulations on Port -controlled property. C) The agreement provides that the City will adopt regulations for airport traffic and parking, as appropriate, within the Municipal Code. Municipal Court will adjudicate citations issued by the Port and, as compensation, the City will retain all local portions of fines, judgments and forfeitures. D) The proposed agreement is for a two-year term to be renewed automatically for two- year terms thereafter, unless either party provides prior 90 -day notice of termination. E) The proposed ordinance creates a new Chapter 10.90 in the Municipal Code entitled "Airport Parking and Traffic Regulations." The ordinance is consistent with the City's other traffic and parking regulations as found in Title 10. V. DISCUSSION: A) Staff recommends approval of the Interlocal Agreement and adoption of the ordinance. 4(f� WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 INTERLOCAL AGREEMENT Between CITY OF PASCO AND PORT OF PASCO FOR THE ENFORCEMENT OF TITLE 9 AND TITLE 10 OF THE PASCO MUNICIPAL CODE THIS AGREEMENT is made and entered into this _ day of , 2014, between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City" and the Port of Pasco, Washington, hereinafter referred to as "Port." WHEREAS, pursuant to RCW 39.34, the Interlocal Agreement Act, the City and the Port may establish an agreement for joint or cooperative actions for the health, safety and welfare of the citizens and property within their jurisdiction; and WHEREAS, the Port has the authority by statute to establish and maintain a Police Department for the enforcement of statutory regulations on Port owned or operated property and facilities; and WHEREAS, the City has enacted, by Title 9 of the Pasco Municipal Code, regulations governing Peace, Safety and Morals (creating misdemeanor and gross misdemeanor offenses), as well as Title 10 governing Vehicle and Traffic regulations effective within the City limits of the City of Pasco, including the Port's property and facilities; and WHEREAS, pursuant to RCW 53.08.280, Port police officers are empowered with full police powers to enforce all applicable municipal statutes or rules, regulations or ordinances upon the Port owned and operated properties; and WHEREAS, pursuant to RCW 3.50.020, the Pasco Municipal Court has exclusive and original criminal jurisdiction of all violations of City ordinances within the City limits of the City of Pasco, including those properties owned and operated by the Port; and Interlocal Agreement City/Port - 1 WHEREAS, the Port desires that criminal citations and traffic infractions of City ordinances and violations be cited into the Pasco Municipal Court for prosecution and adjudication; and WHEREAS, the City recognizes the authority of the Port police officers to cite offenders for violations of the City's criminal and traffic ordinances into the Pasco Municipal Court for prosecution and adjudication. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the Port, agree as follows: 1. Purpose. The purpose of this Agreement is to set forth, in writing, the terms and conditions under which the City shall adjudicate within Pasco Municipal Court all misdemeanors and gross misdemeanor citations and traffic infractions issued by the Port for violations of Title 9 and Title 10 of the Pasco Municipal Code. 2. Port's General Duties. A. The Port will have the authority to enforce Title 9 and Title 10 of the City's Municipal Code on all property owned, operated or leased within their authority lying within the City limits of the City of Pasco. B. The Port will provide all the necessary support, personnel, transportation and supplies reasonably necessary to maintain the law enforcement services pursuant to Title 9 and Title 10 within the Port's authority. 3. City's General Duties. A. The City will adjudicate all citations issued by the Port, pursuant to this agreement in the Pasco Municipal Court. B. The City will provide all the necessary support, personnel and supplies reasonably necessary to process each citation until fully adjudicated. 4. Payment During the term of this Agreement, the local portions of all fines, judgments and forfeitures resulting from enforcement, criminal prosecution and infractions or any other work performed by the Pasco Municipal Court or City Prosecutor, shall be the property of the City. 5. Indemnification. A. The Port shall indemnify and hold harmless the City and its officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the Port, its officers, agents, and employees in performing services pursuant to this Agreement. Interlocal Agreement City/Port - 2 B. In the event that any suit based upon such a claim; action, loss or damage is brought against the City or the City and the Port, the Port shall defend the same at its sole cost and expense; and if final judgment be rendered against the City and its officers, agents, and employees or jointly against the City and the Port and their respective officers, agents, and employees the Port shall satisfy the same. C. The City shall indemnify and hold harmless the Port and its officers, agents and employees or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the City, its officers, agents, and employees in performing to this Agreement. D. In the event that any suit based upon such a claim, action, loss or damage is brought against the Port or the City and the Port arising from the negligence of the City, the City shall defend the same at is sole cost and expense; and if final judgment be rendered against the Port and its officers, agents and employees or jointly against the Port and the City and their respective officers, agents and employees, the City shall satisfy the same. 6. Interlocal Cooperative Act Provisions. Each party shall be solely responsible for all costs, materials, supplies and services necessary for their performance under the terms of this Agreement. All property and materials secured by each party in the performance of this Agreement shall remain the sole property of that party. All funding incident to the fulfillment of this Interlocal Agreement, shall be borne by each party necessary for the fulfillment of their responsibilities under the terms of this Agreement. No special budgets or fimds are anticipated, nor shall be created incident to this Interlocal Cooperation Agreement. It is not the intention that a separate legal entity be established to conduct the cooperative undertakings, nor is the acquisition, holding, or disposing of any real or personal property anticipated under the terms of this Agreement. The City Manager of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Cooperative Agreement. A copy of this Interlocal Agreement shall be filed or placed on the City's and the Port's website as provided by RCW 39.34. 7. Relationship of Parties. Nothing herein shall be construed as creating any type of a partnership, joint venture or other principal/agent relationship. The City and the Port are acting in their independent governmental capacities. All persons employed by the Port and providing law enforcement services in support of this Agreement shall be the sole responsibility of the Port. All persons employed by the City providing Municipal Court services, shall be the sole responsibility of the City. 8. Term. This Agreement shall take full force and effect on the 1 st day of January, 2015, and shall terminate on the 31st day of December, 2016, unless earlier terminated as provided below. This Agreement shall be automatically renewed for subsequent two (2) year periods unless written notice is given by either party of their intent to terminate this Agreement at least ninety (90) days prior to the date of termination of that term or renewal term. Either Interlocal Agreement City/Port - 3 party, may, without cause, terminate this Agreement by written notice no less than ninety (90) days prior to the intended date of termination. 9. General Provisions. A. This Agreement supplements and modifies any prior agreement between the Port and the City relating to the enforcement of the Pasco Municipal Code and, in the event of any conflict between provisions thereof, shall be considered as superseding any prior inconsistent revisions contained in earlier Agreements. B. This Agreement may be amended by mutual written agreement of the parties. C. No waiver by any party of any term or condition of this Agreement shall be deemed or constructed waiver of any other term or condition, not shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or a different provision of this Agreement. D. This Agreement shall be administered by the Port Manager, or his designee, and by the City Manager, or his designee. Each party shall notify the other of its designee, at any time thereafter in an event of a change in designee. 10. Aaulicable Law. This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 11. Authority for Execution. Each of the parties warrants and represents that its representatives, whose signatures are below, possess all required authority to sign this Agreement and such powers have not, as of the date of this Agreement, been revoked or revised. IN WITNESS WHEREOF, the parties have executed this Agreement in Pasco, Washington, on the day and year first written above. CITY OF PASCO, WASHINGTON PORT OF PASCO, WASHINGTON Dave Zabell, City Manager Randy Hayden, Port Manager Interlocal Agreement City/Port - 4 STATE OF WASHINGTON) ss. County of Franklin On this day personally appeared before me DAVE ZABELL, City Manager of the City of Pasco, Washington, to be 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 act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2014. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: STATE OF WASHINGTON) ss. County of Franklin On this day personally appeared before me RANDY HAYDEN, Manager of the Port of Pasco, to be 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 act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2014. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Interlocal Agreement City/Port - 5 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Creating Chapter 10.90 "Airport Parking and Traffic Regulations" WHEREAS, the City of Pasco and the Port of Pasco have entered into an Interlocal Agreement contemporaneously with the adoption of this Ordinance to provide for the enforcement of Title 9 and Title 10 of the Pasco Municipal Code providing for parking, traffic, and criminal prosecutions arising out of events at the Port of Pasco's Tri -Cities Airport; and WHEREAS, as a benefit both to the City of Pasco and the Port of Pasco and the cooperative efforts to be utilized to provide for consistent and uniformed enforcement of traffic, parking, and criminal citations and prosecutions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Chapter 10.90 "Airport Parking and Traffic Regulations" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Chanter 10.90 AIRPORT PARKING AND TRAFFIC REGULATIONS Sections: 10.90.010 Adoption by Reference. 10.90.020 Penalty Provisions. 10.90.010 ADOPTION BY REFERENCE. The rules and regulations governing the parking, standing, stopping and use of motor vehicles at the Tri -Cities Airport, as adopted by the Port of Pasco, pursuant to Resolution No. 1330 adopted June 25, 2012, are hereby adopted by reference as part of the Traffic Ordinance of the City of Pasco as if fully set forth herein, and not less than one copy of such regulations shall be filed for use and examination by the public in the office of the City Clerk. 10.90.020 PENALTY PROVISIONS. Any person found in to be in violation of any of the Resolutions of the Port of Pasco as adopted by this Chapter regulating traffic and parking within the Tri -Cities Airport shall be deemed to have committed a civil infraction and for each such violation, shall be subject to a civil penalty in the amount listed, plus Court costs and statutory assessments, if any: (A) Parking Restrictions. Vehicles shall not be parked in areas within the Airport boundaries other than in places and in accordance with the restrictions and rules set forth herein and designated by posted signs indicating such areas and the applicable restrictions. Ordinance Creating Chapter 10.90 Airport Parldng and Traffic Regulations - 1 (B) Stopping, Standing and Parking Prohibited in Specific Places. There shall be designated, by proper signs those roads within the Airport on which standing or parking would create hazardous conditions or cause a delay to traffic and when official signs are erected, no person shall stop, stand or park a motor vehicle in any such designated place. (C) Passenger and Public Carrier Zones. There shall be designated locations for passenger loading zones and public carrier stands and there shall be appropriate signs indicating the same. No person shall stop, stand or park a vehicle in a passenger loading zone other than for the expeditious loading or unloading of passengers or baggage. Vehicles shall not be left unattended in any passenger loading zone. No operator of a private vehicle shall stop, stand or park in a zone designated and posted by proper signs for public carriers or permittees. (D) Parking Prohibited in Certain Areas. In the interest of minimizing congestion and affording patrons of the Airport convenient use of the terminal facilities, there shall be designated portions of the roadways in the vicinity of the Airport terminal and other terminal buildings on which parking shall be prohibited or limited to specified time periods. Such prohibitions and time limitations shall be clearly indicated by posted signs. (E) Handicapped Parking. There shall be designated certain places within the boundaries of the Airport which may be specifically designated for parking by handicapped persons. Parking in areas so designated and posted by the Airport may be limited to those persons displaying a distinguishing decal as provided by RCW 46.61.581, as adopted or as hereafter amended. (F) Parking Spaces Marked - Must Park in Stalls. The Airport is authorized to have lines or marking painted or placed upon the curb and/or upon the roadway adjacent to areas for the purpose of indicating the parking space, and each vehicle shall park within the lines or makings so established. It shall be a violation of this Chapter to park any vehicle across any such line or marking, or to park such vehicle in such position that the same shall not be entirely within the area so designated by such lines or markings. (G) Parking Time Limit - Maximum Parking Time. (i) The time limit for parking on streets and parking lots and areas of the Airport property designated shall be as determined by the Port. A parking fee shall be paid by all persons parking a motor vehicle within any parking space in the areas designated as paid parking areas in the amount indicated by a sign or legend installed or posted. A sign or legend shall indicate the fee schedule and the time for which parking is permitted. (ii) The parking fees in the parking area shall be designated by the Port of Pasty. (iii) If said vehicle shall remain parked or standing in said parking space beyond the legal time which shall be designated by a sign or signs posted showing limited parking, such vehicle shall be considered parked overtime. The parking of a vehicle overtime shall be a violation of this Chapter and subject the registered owner and/or operator to a penalty as provided herein. Ordinance Creating Chapter 10.90 Airport Parking and Traffic Regulations - 2 (H) Overtime Parking. It shall be a violation of this Chapter for any person to cause, allow, permit or suffer any vehicle registered in the name of such person to be parked overtime or beyond the period of legal parking time established for any parking space or area. (I) Registered Owner Responsible for Unlawful Parking. Every person in whose name a vehicle is registered shall be responsible for any violation of this Chapter caused by the parking, standing or stopping of said vehicle in violation hereof. It shall be no defense that the vehicle was parked, stopped or left unattended or standing by another, unless proof is presented that said vehicle had been stolen and had not been returned to the registered owner by the date of the violation. This Section shall not apply to registered owners transferring the vehicle ownership who have complied with RCW 46.52.104, as now or hereafter amended, prior to the date of the violation. (J) Parking. There shall be designated certain places within the boundaries of the Airport which may be specifically designated for parking by employees of the Port, the Federal Aviation Administration and the Port's tenants. Parking in areas so designated and posted by the Airport may be limited to those persons displaying a distinguishing decal as provided by the Port of Pasco, or a decal placed on the vehicle by the car rental agency renting from the Port of Pasco. (K) Unless otherwise stated by class or amount, the violations of this Chapter shall constitute as Class One civil infraction subject to a maximum penalty of Forty Dollars ($40.00). (L) Other Infractions. The Port of Pasco hereby adopts and incorporates herein, as is set forth in full herein, the traffic ordinances of the City as set forth in Title 10 of the Pasco Municipal Code as the same presently are and as subsequently amended, including its adoption of the Washington Model Traffic Ordinance (PMC 10.05). (M) Violations Not Criminal Offense. Failure to perform any rule or regulation, or the performance of any of the act prohibited by this Chapter shall be designated as a traffic infraction and may not be classified as a criminal offense unless so classified by the R.C.W. The failure to respond to any citation for violation of any of the above Sections within fifteen (15) days shall result in an additional monetary penalty of Twenty -Five Dollars ($25.00). Each day that a violation continues or each time that a violation continues passed a parking limitation period or portion thereof in excess of the applicable parking time limitation, it shall be deemed a separate violation subject to the maximum civil penalty as set forth above. Court costs of Ten Dollars ($10.00) shall be assessed in addition to any other penalty, cost or statutory assessment imposed when a violation under this Chapter has been found to have been committed following a contested hearing. Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. Ordinance Creating Chapter 10.90 Airport Parking and Traffic Regulations - 3 PASSED by the City Council of the City of Pasco, Washington, and approved as provided bylaw this _ day of 2014. Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Ordinance Creating Chapter 10.90 Airport Parking and Traffic Regulations - 4 AGENDA REPORT FOR: City Council t TO: Dave Zabell, City ManagerFROM: Stan Strebel, Deputy City M SUBJECT: Franklin County Request for TRAC I. REFERENCE(S): II. December 4, 2014 Workshop Mtg.: 12/8/14 Regular Mtg.: 12/15/14 1. Franklin County Request for TRAC — Proposed Addendum to Interlocal Agreement 2. Franklin County Request for TRAC — Franklin County Resolution ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/8: Discussion 12/15: MOTION: I move to approve Addendum No. 1 to the Interlocal Agreement for TRAC and, further, authorize the City Manaaer to execute the Agreement. III. FISCAL IMPACT: $100,000 IV. HISTORY AND FACTS BRIEF: NOTE: This item was originally discussed with Council at the meeting of September 8, 2014. A) The City entered into an agreement with Franklin County for the financing, construction and operation of the TRAC facility in 1994. The term of the agreement is 30 years, ending May 2024. The agreement provides that the City and County will equally share operating costs in excess of revenue from operations in any calendar year (see Agreement, Section 8.4, page 29). B) As the TRAC facility experiences cash flow shortages, mainly during summer months, in 2006, the County deposited $200,000 into the TRAC fund to elevate seasonal cash flows (see letter of 8/5/14). When the County's general fund budget tightened up during the economic downturn, the County needed to return $100,000 of the $200,000 advance. C) The attached Addendum to the Interlocal Agreement sets forth the provision for the City and County to equally share the responsibility to fund the $200,000 Cash Flow Reserve Fund as requested by the County (letter of 8/15/14). The County has approved the agreement and staff recommends Council approval as well. 4(g) ADDENDUM NO. 1 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PASCO AND FRANKLIN COUNTY, WASHINGTON, REGARDING THE FINANCING, ACQUISITION AND OWNERSHIP OF A MULTI-PURPOSE ARENA AND EXHIBITION FACILITY (TRAC) THIS ADDENDUM NO. 1 is entered into 3rd day of December, 2014, by and between the the parties to the Interlocal Cooperation Agreement between the City of Pasco and Franklin County, Washington, regarding the financing, acquisition and ownership of a multi-purpose arena and exhibition facility dated the 24th day of May, 1994. IN CONSIDERATION of the mutual covenants contained herein, shall be and hereby is amended to read as follows: Section 1. Section 8.4, Payment of Operating Costs, shall be and hereby is amended and shall read as follows: A. The Parties covenant they will each pay 50% of any Operating Costs that exceed Revenues from operation of the TRAC Facility in any calendar year. If any Party advances funds for the other Party, such funds shall bear interest at the rate paid by the State of Washington local government investment pool. Each Party reserves the right to determine the source of such payment. B. In order to meet the cash flow demands of the Operating Costs, the Cash Flow Reserve Fund is created to provide for continuing availability for payment of the Operating Costs as provided in Section A above. The Cash Flow Reserve Fund shall be held and administrated by the County. On or before January 1, 2015, the City and the County shall each deposit into the Cash Flow Reserve Fund the sum of $100,000.00 which shall be used for the purpose of meeting operating costs during those periods when there is not sufficient operating revenue to meet the Operating Costs as they mature. Application of these funds to meet operating costs shall be equally borne between the City and the County. The Cash Flow Reserve Fund shall be replenished from operating revenues on or before December 31 of each operating year during the term of this Agreement. Any disbursements from this Fund, other than as provided above, shall be refanded to the City and the County on an equal basis. Addendum No. 1 to Interlocal Agreement Between City and County - 1 Section 2. All remaining terms and conditions of the Interlocal Agreement shall remain in full force and effect. DATED this day of December, 2014. CITY: CITY OF PASCO, a Municipal Corporation of the State of Washington Dave Zabell, City Manager APPROVED AS TO FORM: Leland B. Kerr, City Attorney COUNTY: FRANKLIN CONTY, a Political Subdivision of the State of Washington Robert E. Koch, Chairman Brad Peck, Chair Pro Tem -Z-� Rick Miller, Member ATTEST BY: Clerk of gie Board APPROVED AS TO FORM: Shawn Sant, Prosecuting Attorney for Franklin County By: Dep rosecuting Attorney Addendum No. 1 to Interlocal Agreement Between City and County - 2 STATE OF WASHINGTON) ss County of Franklin ) On the day of , 2014, before me, the undersigned, a Notary Public, in and for the State of Washington, duly commissioned and sworn, personally appeared DAVE ZABELL, to me know to be the City Manager of the City of Pasco, a Municipal Corporation of the State of Washington, who executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City, for the uses and purposes there mentioned, and on oath stated that said person was authorized to execute the said instrument for said City. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Fretted Name: Notary Public in and for the State of Washington Residing at: My Commission Expires: STATE OF WASHINGTON) : ss County of Franklin ) On the 3 day of DPS pa,,., P,,, , 2014, before me, the undersigned, a Notary Public, in and for the State of Washington, duly commissioned and sworn, personally appeared ROBERT E. KOCH, to me known to be the Chairman of the Board of Franklin County Commissioners, and BRAD PECK, to me known to be a Chair Pro -Tem of the Board of County Commissioners, and RICK MILLER, to me known to be a Member of the Board of County Commissioners, a political subdivision of the State of Washington, who executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said political subdivision of the State of Washington, for the uses and purposes there mentioned, and on oath stated that said persons were authorized to execute the said instrument for Franklin County, Washington. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Pnnt d e: _ ary C. 141'+ rs Notary Public in and fof the State of Washington `..°' _z s Residing at: E/oto My Commission Expires: #fill TE\oF�.� Addendum No. 1 to Interlocal Agreement Between City and County - 3 o?0/y- LIH FRANKLIN COUNTY RESOLUTION NO. _�20) q— ygq BEFORE THE BOARD OF COMMISSIONERS, FRANKLIN COUNTY, WASHINGTON RE: APPROVING ADDENDUM NO.1 TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PASCO AND FRANKLIN COUNTY, WASHINGTON, REGARDING THE FINANCING, ACQUISITION AND OWNERSHIP OF A MULTI-PURPOSE ARENA AND EXHIBITION FACILITY (TRAC), AMENDING RESOLUTION 94-126 WHEREAS, the Franklin County Commissioners have identified a need to establish a standard format for the provision of operating funds and the repayment of same regarding the annual ongoing operation of TRAC; and WHEREAS, the Board of Franklin County Commissioners also wishes to establish clarification that the City of Pasco and Franklin County will each pay 50% of any Operating Costs that exceed revenues from operation of the TRAC Facility in any calendar year, and WHEREAS, the Board of Commissioners constitutes the legislative authority of Franklin County and deems this to be in the best interest of Franklin County; NOW, THEREFORE, BE IT RESOLVED the Franklin County Board of Commissioners hereby approves the attached Addendum No. 1 to the Interlocal Cooperation Agreement between the City of Pasco and Franklin County, Washington, regarding the financing, acquisition and ownership of a Multi-purpose Arena and Exhibition Facility (TRAC), amending Resolution 94-126. APPROVED this 3d day of December, 2014 Attest: BoardClerk to 4he Original: Franklin County, City of Pasco, TRAC Copies: Franklin County Accounting Dept. BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON Chair Chair Pro Tem L2—_� Member