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2015.07.06 Council Meeting Packet
Page 5-10 11-12 13- 16 17-22 Regular Meeting 1. CALL TO ORDER: 2. ROLL CALL: AGENDA PASCO CITY COUNCIL 7:00 p.m. (a) Pledge of Allegiance July 6, 2015 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated June 15, 2015. (b) Bills and Communications To approve claims in the total amount of $3,575,859.76 ($1,400,251.28 in Check Nos. 204553-204854, $879,905.35 in Electronic Transfer Nos. 805889-806026, 806029-806036, 806043-806346; $107,385.81 in Check Nos. 48069-48220; $1,184,317.32 in Electronic Transfer Nos. 30082639- 30083627; $4,000.00 in Electronic Transfer No. 159-160) (c) 1 Appointment to the Downtown Pasco Development Authority To appoint Heather Breymeyer to Position No. 4, on the Downtown Pasco Development Authority (expiration date 12/20/16). (d) 1 Accept Memorial Park Upgrades, Project #C5 -PK -8R-14-01 To approve Resolution No. 3645, accepting the work performed by Moreno & Nelson Construction Corporation, under contract for the Memorial Park Upgrades project. (e) * STREET VACATION: A Portion of East Trinidad Street (MF# VAC 2015-012) To approve Resolution No. 3646, setting 7:00 P.M., Monday, August 17, 2015, as the time and date to conduct a public hearing to consider vacating a portion of East Trinidad Street. Page 1 of 62 23-29 30-35 36-39 Regular Meeting July 6, 2015 (f) * STREET VACATION: A Portion of Montana and Colorado Avenues and Trinidad Street (MF# VAC 2015-013) To approve Resolution No. 3647, setting 7:00 P.M., Monday, August 17, 2015, as the time and date to conduct a public hearing to consider vacating a portion of Montana Avenue, Colorado Avenue and East Trinidad Street. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: (a) Yard and Business of the Month Awards Mayor Watkins to present Certificates of Appreciation for June 2015 "Yard of the Month" and 'Business Appearance of the Month" to: Julia Pineda, 424 Madrona Avenue James & Gail Warren, 3612 W. Ella Street Alfred & Elsa Flores, 5913 Maryhill Lane Jeff & Jody Provencher, 9010 Wellington Drive Gesa Credit Union, 7421 W. Sandifur Parkway 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Exemptions to Required Utility Connections MOTION: I move to adopt Ordinance No. 4229, amending Section 16.06.040 "Waiver - Authorized" providing for administrative approval of waivers within certain areas of the City and, further, authorize publication by summary only. Page 2 of 62 40-45 46-49 50-59 60-62 Regular Meeting July 6, 2015 (b) * Code Amendment: Solid Waste Scavenging and Compaction (MF# CA 2015-004) MOTION: I move to adopt Ordinance No. 4230, an ordinance amending PMC Chapter 6.04 entitled "Solid Waste Disposal," and, further, authorize publication by summary only. (c) 1 Youth Athletic Facilities Grant - Authorizing Resolution MOTION: I move to approve Resolution No. 3648, authorizing submitting application for grant funding assistance for Youth Athletic Facilities project (Highland Park Football Field) to the Recreation and Conservation Office as provided in WAC 286 and subsequent Legislative action. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: (a) Agreement with Franklin County Fire District No. 3 regarding Asset Transfers and Exchange of Services MOTION: I move to approve the Interlocal Agreement with Franklin County Fire District No. 3 and, further, authorize the City Manager to execute the agreement. (b) I Letter of Support, Port of Pasco Small Community Air Service Development Grant MOTION: I move to authorize the Mayor to sign the letter of support for the Port of Pasco's Small Community Air Service Development Grant. 11. MISCELLANEOUS DISCUSSION: (a) Memorial Park Presentation Presented by Rick Terway, Administrative & Community Services Director (b) Bond Sale Presentation Presented by Stan Strebel, Deputy City Manager and Rick Terway, Administrative & Community Services Director 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Page 3 of 62 Regular Meeting July 6, 2015 Q Quasi -Judicial Matter MF# "Master File #...... REMINDERS: 7:OOam, Thursday, July 9 - Tri -Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 7:OOpm, Thursday, July 9, Transit Facility - Ben -Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; MIKE GARRISON, Alt.) This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 4 of 62 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager Rick Terway, Director Administrative & Community Services FROM: Sandy Kenworthy, Administrative Assistant II Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes of the June 15, 2015 meeting. June 19, 2015 Regular Meeting: 7/6/15 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Meeting dated June 15, 2015. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 62 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 15, 2015 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffinann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Eric Ferguson, Acting City Attorney; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director and Bob Metzger, Police Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated June 1, 2015. Bills and Communications To approve claims in the total amount of $3,221,100.95 ($1,316,860.29 in Check Nos. 204284-204552; $371,481.19 in Electronic Transfer Nos. 805782, 806027, 806028, 806037, 806038-806041; $51,157.66 in Check Nos. 48014- 48068; $623,763.84 in Electronic Transfer Nos. 30082151-30082638; $857,837.97 in Electronic Transfer Nos. 143-158). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non- criminal, criminal, and parking) accounts receivable in the total amount of $298,549.98 and, of that amount, authorize $188,509.59 be turned over for collection. Accept 2015 Water Meter Relocations To approve Resolution No. 3642 accepting the work performed by Puget Sound Utility Services, Inc., under contract for the 2015 Water Meter Relocations project. Accept Lewis Street Demolition Project To approve Resolution No. 3643 accepting the work performed by Ray Poland & Sons, Inc., under contract for the Lewis Street Demolition project. Removed from Consent Agenda and moved to New Business. MOTION: Ms. Francik moved to approve the consent agenda as amended. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. Page 1 of 5 Page 6 of 62 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 15, 2015 VISITORS - OTHER THAN AGENDA ITEMS: Theron Cammer, 4012 W. Opal, commented on the Fire Inspection Fee associated with his Business License and Council's lack of willingness to listen to citizen's concerns. Mary Mahoney, 5017 W. Pearl, related her opinion concerning Animal Control issues. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Martinez and Ms. Francik reported on the Regional Public Facilities District meeting. Mr. Hoffmann attended the BFCG Tri -Mats Policy Advisory Committee meeting and the Wings of Freedom Historic Airplane Tour at the Tri -Cities Airport. EXECUTIVE SESSION: Council adjourned to Executive Session at 7:22 p.m. for approximately 10 minutes to discuss litigation or potential litigation with the City Manager, Deputy City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 7:32 p.m. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Road 80 Annexation (MF# ANX 2015-001) Mr. White explained the details of the proposed annexation. Mayor Watkins declared the Public Hearing open to consider the proposed annexation. Steven Schlegel, 9304 W. Richardson Rd., commented on retaining the current lifestyle of the annexation area residents. Tom Cornell, 2616 Rd. 96, informed Council he will fight to keep the area lifestyle. Mark Mansell, 2715 Rd. 96, is not against annexation, but wants a concomitant agreement with the City to preserve their lifestyle. Judy Dunbar, 3112 Chardonnay Dr., does not agree with Council limiting the zoning to 5 years. Bill Venema, 8517 W. Court St., understands the comments about lifestyle, but credits Council for their careful consideration during the process. Jack Martincavage, 9016 Colby Ct., is concerned about an increase in fire insurance rates. Candy Hales, 9415 Merlot Dr., agrees with the annexation. Ross Carpenter, 3420 Rd. 88, commented on Council not listening to citizens and moving forward with the annexation. Page 2 of 5 Page 7 of 62 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 15, 2015 Following three calls for comments, Mayor Watkins declared the Public Hearing Closed. Council discussed the details of the proposed annexation. MOTION: Ms. Francik moved to adopt Ordinance No. 4222, an Ordinance annexing certain real property to the City of Pasco, and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried by the following Roll Call vote: Yes - Watkins, Yenney, Francik, Garrison, Hoffmann, Martinez. No - Larsen. Sharma Annexation (MF# ANX 2014-003) Mr. White explained the details of the proposed annexation. Mayor Watkins declared the Public Hearing open to consider the proposed annexation. Following three calls for comments, and there being none, Mayor Watkins declared the Public Hearing Closed. MOTION: Ms. Francik moved to adopt Ordinance No. 4223, an Ordinance annexing certain real property to the City of Pasco and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried. MOTION: Ms. Francik moved to adopt Ordinance No. 4224, an Ordinance establishing R-1 and RS -1 zoning for the Sharma Annexation Area as recommend by the Planning Commission and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried. Six-year Transportation Improvement Plan 2016-2021 Mr. Qayoumi explained the highlights of the 6 year TIP. Mayor Watkins declared the Public Hearing open to consider the proposed 6 year TIP. Following three calls for comments, and there being none, Mayor Watkins declared the Public Hearing Closed. MOTION: Ms. Francik moved to approve Resolution No. 3644, adopting the revised and extended Comprehensive Street, Storm Drain and Bridge Programs for the City of Pasco. Mr. Martinez seconded. Motion carried. Street Vacation: Portion of Duluth St. and California Ave. (MF# VAC 2015-009) Mr. White explained the details of the proposed vacation. Mayor Watkins declared the Public Hearing open to consider the proposed vacation. Following three calls for comments, and there being none, Mayor Watkins declared the Public Hearing Closed. MOTION: Ms. Francik moved to adopt Ordinance No. 4225, an ordinance vacating a portion of Duluth Street and a portion of California Avenue, and further, authorize publication by summary only. Mr. Garrison seconded. Motion carried. Page 3 of 5 Page 8 of 62 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 15, 2015 Street Vacation: Portion of Road 60 (MF# VAC 2015-006) Mr. White explained the details of the proposed vacation. Mayor Watkins declared the Public Hearing open to consider the proposed vacation. Following three calls for comments, and there being none, Mayor Watkins declared the Public Hearing Closed. MOTION: Ms. Francik moved to adopt Ordinance No. 4226, an ordinance vacating a portion of Road 60, and further, authorize publication by summary only. Mr. Martinez seconded. Motion carried. Street Vacation: A Portion of Washington Street (MF# VAC 2015-010) Council and staff discussed the details of the proposed vacation. Mayor Watkins declared the Public Hearing open to consider the proposed vacation. Following three calls for comments, and there being none, Mayor Watkins declared the Public Hearing Closed. MOTION: Ms. Francik moved to deny the Washington Street vacation. Mayor Watkins seconded. Motion carried by the following Roll Call vote: Yes - Martinez, Watkins, Francik, Garrison, Hoffinann, Larsen. No - Yenney. Mayor Watkins called a 5 minutes recess at 8:48 p.m. Mayor Watkins called the meeting back to order at 8:53 p.m. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: LTGO Bonds for Police Community Services Building MOTION: Ms. Francik moved to adopt Ordinance No. 4228, relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $9,000,000 aggregate principal amount of limited tax general obligation bonds to provide funds to design, construct and equip a new police facility and other capital purposes, as deemed necessary and advisable by the City, and to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City's designated representative to approve the final terms of the sale of the bonds; and providing for other related matters and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried. NEW BUSINESS: Pasco Senior Center Purchase & Sale Agreement with Pasco School District Council and staff discussed the details of the proposed agreement. MOTION: Ms. Francik moved to approve the Purchase and Sale Agreement between the City of Pasco and Pasco School District #1 for the sale of the Pasco Senior Center and, further, authorize the City Manager to execute the agreement. Mr. Martinez seconded. Motion carried. Page 4 of 5 Page 9 of 62 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 15, 2015 20th Avenue Safety Improvements - Lewis Street to Sun Willows Boulevard Council and staff discussed the details of the proposed agreement. MOTION: Ms. Francik moved to approve 20th Avenue Safety Improvements Professional Design - Lewis Street to Sun Willows Boulevard Professional Services Agreement with DKS Associates and, further, authorize the City Manager to execute the agreement. Mr. Yenney seconded. Motion carried. Process Water Reuse Facility (PWRF) Dam Safety Compliance — Professional Engineering, Geotechnical, and Surveying Services Council and staff discussed the details of the proposed agreement. MOTION: Ms. Francik moved to approve the Process Water Reuse Facility Dam Safety Compliance Project Professional Services Agreement with GN Northern, Inc. and, further, authorize the City Manager to execute the agreement. Mr. Garrison seconded. Motion carried. Accept Lewis Street Demolition: MOTION: Ms. Francik moved to approve Resolution No. 3643 accepting the work performed by Ray Poland & Sons, Inc., under contract for the Lewis Street Demolition project. Mr. Yenney seconded. Motion carried. MISCELLANEOUS DISCUSSION: Mr. Zabell noted staff will follow up on the fire inspection fee mentioned earlier in the meeting and the comments concerning animal control issues. Mayor Watkins asked staff to confirm what effect the annexation area will have on the City's fire rating. Mr. Yenney noted the City's animal shelter is a public facility with certain responsibilities that would prevent it from operating as a no -kill shelter. Mayor Watkins asked Council if they are interested in a joint meeting with the other area City Councils to discuss items of common interest. Mr. Martinez commented on the expansion of Food Truck Friday. ADJOURNMENT: There being no further business, the meeting was adjourned at 9:21 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra Clark, City Clerk PASSED and APPROVED this 6th day of July, 2015 Page 5 of 5 Page 10 of 62 AGENDA REPORT FOR: City Council June 24, 2015 TO: Dave Zabell, City Manager Regular Meeting: 7/6/15 Rick Terway, Director Administrative & Community Services FROM: Eva Lindgren, Deputy Director Administrative & Community Services SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 07.06.15 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $3,575,859.76 ($1,400,251.28 in Check Nos. 204553-204854, $879,905.35 in Electronic Transfer Nos. 805889-806026, 806029- 806036, 806043-806346; $107,385.81 in Check Nos. 48069-48220; $1,184,317.32 in Electronic Transfer Nos. 30082639-30083627; $4,000.00 in Electronic Transfer No. 159-160) III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 11 of 62 CITY OF PASCO Council Meeting of: July 6, 2015 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligation against the city and that we are authorized to authenticate and certify to said aim. "e1w Dave Zabell, City Manager Rick Terway, A&C erector We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 6 day of July, 2015 that the merchandise or services hereinafter specified have been received and are approved for payment: Claims Bank Payroll Bank Gen'I Bank Electronic Bank Check Numbers 204553-204854 48069-48220 Total Check Amount $1,400,251.28 $107,385.81 Electronic Transfer Numbers 805889-806026 30082639-30083627 159-160 806029-806036 261.30 806043-806346 31,891.52 Total EFT Amount $879,905.35 $1,184,317.32 $4,000.00 Councilmember SUMMARY OF CLAIMS BY FUND: Total Checks $ 1,507,637.09 Total EFTS $ 2,068,222.67 Grand Total $ 3,575,859.76 Councilmember GENERAL FUND 585,945.55 STREET 32,646.92 ARTERIAL STREET 0.00 STREET OVERLAY 6,149.85 C. D. BLOCK GRANT 261.30 HOME CONSORTIUM GRANT 31,891.52 NSP GRANT 108.31 KING COMMUNITY CENTER 7,822.57 AMBULANCE SERVICE 13,682.71 CEMETERY 4,586.30 ATHLETIC PROGRAMS 3,750.64 GOLF COURSE 107,635.67 SENIOR CENTER OPERATING 3,690.51 MULTI MODAL FACILITY 2,743.66 RIVERSHORE TRAIL & MARINA MAIN 310.43 SPECIAL ASSESSMNT LODGING 20,993.37 LITTER CONTROL 1,306.76 REVOLVING ABATEMENT 3,778.70 TRAC DEVELOPMENT & OPERATING 20,240.17 ECONOMIC DEVELOPMENT 97,247.56 STADIUM/CONVENTION CENTER 10,301.77 GENERAL CAP PROJ CONSTRUCTION 51,193.67 WATER/SEWER 466,667.53 EQUIPMENT RENTAL - OPERATING GOVERNMENTAL 24,584.23 EQUIPMENT RENTAL - OPERATING BUSINESS 12,165.12 EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL 60,333.91 EQUIPMENT RENTAL - REPLACEMENT BUSINESS 85,029.54 MEDICAL/DENTAL INSURANCE 66,456.04 FLEX 6,878.76 PAYROLL CLEARING 1,847,456.69 GRAND TOTAL ALL FUNDS: $ 3,575,859.76 Page 12 of 62 AGENDA REPORT FOR: City Council June 8, 2015 TO: Dave Zabell, City Manager Regular Meeting: 7/6/15 Ahmad Qayoumi, Public Works Director FROM: Kent McCue, Construction Manager Public Works SUBJECT: Accept Memorial Park Upgrades, Project #C5 -PK -8R-14-01 I. REFERENCE(S): Vicinity Map Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. accepting the work performed by Moreno & Nelson Construction Corporation, under contract for the Memorial Park Upgrades project. III. FISCAL IMPACT: Community Development Block Grant (CDBG) - $121,743 IV. HISTORY AND FACTS BRIEF: On February 17, 2015, Council awarded the Memorial Park Upgrades project to Moreno & Nelson Construction Corporation for $106,505.86. V. DISCUSSION: The project included the remodel of the picnic shelter, installation of new asphalt paths in the park and an Americans with Disabilities Act (ADA) compliant ramp on North 14th Avenue at the bus station. The final project construction contract totaled $121,742.07, representing an overage of $15,236.21. The cost overruns are attributed to project enhancements, such as the addition of an asphalt pathway and removable bollards, which were secured at a very competitive price. They are also attributed to items which were discovered during Page 13 of 62 construction which needed to be immediately addressed; specifically, the need for additional electrical work and efforts necessary to repair and retrofit the existing rotting columns of the picnic shelter. The work is now complete and staff recommends City Council's acceptance of this work. Page 14 of 62 VICINITY MAP SCALE: NONE 1 1 L ki 1 1 \J 1 V MEMORIAL PARK DAD DWG: Memorial Pak Imp. VA., 1 a17E 5/30/2014 77�� DRAWN BKEA SGME• NO STALE Page 15 of 62 RESOLUTION NO. A RESOLUTION ACCEPTING WORK PERFORMED BY MORENO & NELSON CONSTRUCTION CORPORATION UNDER CONTRACT FOR THE MEMORIAL PARK UPGRADES PROJECT. WHEREAS, the work performed by Moreno & Nelson Construction Corporation, under contract for the Memorial Park Upgrades project has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering's recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering's recommendation and thereby accepts the work performed by Moreno & Nelson Construction Corporation, under contract for the Memorial Park Upgrades project, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 6th day of July, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 16 of 62 AGENDA REPORT FOR: City Council June 30, 2015 TO: Dave Zabell, City Manager Regular Meeting: 7/6/15 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: STREET VACATION: A Portion of East Trinidad Street (MF# VAC 2015- 012) I. REFERENCE(S): Overview Map Vicinity Map Proposed Resolution Vacation Petition H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , setting 7:00 P.M., Monday, August 17, 2015, as the time and date to conduct a public hearing to consider vacating a portion of East Trinidad Street. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The owners of Blocks 54, 55, 56 and half of Block 41, Freys Addition have petition for the vacation of Trinidad Street adjacent to said blocks. Trinidad Street is one of the streets that can be vacated per the August 1997 Oregon Avenue Corridor Plan. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20 -day hearing notice, is August 17, 2015. V. DISCUSSION: Page 17 of 62 Item: Portion of Trinidad Street Overview • Applicant: Pamp Masers N Map File #. VAC 2015-012 9_ FR -ONT a 4 , , lip I } �N'• � �� ���'�i � ,.L � _ l� 7�pd%fly I � 3 � .. JAMES STAW Ott IT., q� r C'0 \s� ITE dn do TZ CD CO r ^' o SP W. Vicinity Map Item: Portion of Trinidad Street Applicant: Pamp Maiers File #: VAC 2015-012 MES T A-1 SITE RESOLUTION NO. A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF EAST TRINIDAD STREET. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating all of East Trinidad Street adjacent to Blocks 54, 55 and 56, Freys Addition, will be held before the City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on August 17, 2015. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 6th day of July, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 20 of 62 Exhibit Item' Portion of Trinidad Street Applicant: Pamp Maiers x #� File #: VAC 2015-012 JAMES ST 23g a IO-0*00 oo. 67 Jq Q O v w SITE CITY OF PASCO FEE $200 STREET/ALLEY VACATION PETITION MASTER FILE # 5" � 042. DATE SUBMITTED: r -z3- 2015 I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/ alley rights-of-way: /'//� L F, r 0 r► � .X eC.. Tom' A!)�Or n�"�` ._ i G' L© �G ` 5-5- ff APPLICANT: Print Name: r - Sign Name. Address: / Rz)2 TA Phone #j-eVS-112 `?Wj Date 3VIS x4 -- Print Name: Sign Name: Date PROPERTY OWNED (Legal Description) //3 q 7 J d`l;Z /0-317/©Y�' Print Name: Z_�e R n +n 4e- IZc _S.S / /-3 `Y 7 / o3 2 Sign Name: X Date v3" Print Name: Sign Name: Date Page 22 of 62 AGENDA REPORT FOR: City Council June 30, 2015 TO: Dave Zabell, City Manager Regular Meeting: 7/6/15 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: STREET VACATION: A Portion of Montana and Colorado Avenues and Trinidad Street (MF# VAC 2015-013) I. REFERENCE(S): Overview Map Vicinity Map Proposed Resolution Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , setting 7:00 P.M., Monday, August 17, 2015, as the time and date to conduct a public hearing to consider vacating a portion of Montana Avenue, Colorado Avenue and East Trinidad Street. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The owners of several blocks within the Freys Addition have petitioned for the vacation of a portion of Montana Avenue, Colorado Avenue and Trinidad Street. The street vacations are being requested to facilitate the location of a new company (Agri - Services) in Pasco. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20 -day hearing notice, is August 17, 2015. V. DISCUSSION: Page 23 of 62 Page 24 of 62 Item: Portion of Colorado, Montana & Trinidad Stre is Overview Applicant: Agri -Service N Map File #. VAC 2015-013 AL, pit JAMES ST 15,01 ., e!. •ASC k it�,w. SITE_ wy VicinIty Item: Portion of Colorado, Montana &Trinidad Stre is Applicant: Agri -Service N Map File #: VAC 2015-013 0 7 35pg0 A0001 - SITE Ga 7 vZ RESOLUTION NO. A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF MONTANA AVENUE, COLORADO AVENUE AND A PORTION OF EAST TRINIDAD STREET. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating all Montana Avenue and Colorado Avenue north of Superior Street and that portion of East Trinidad Street located west of Utah Avenue, will be held before the City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on August 17, 2015. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 6th day of July, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 27 of 62 Exhibit Item: Portion of Colorado, Montana &Trinidad Stre is Applicant: Agri -Service N #1 File #: VAC 2015-013 0000 a° P� S� 7G C? \ Q O SITE o. wo °. a Op So?�� CITY OF PASCO STREET/ALLEY VACATION PETITION FEE $200 MASTER FILE # �� " 15~0 13 DATE SUBMITTED: I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: All of N Montana Ave and all of N Colorado Ave northerly of the north right-of- way line of E Superior St. together with that portion of Trinidad St. westerly of the west right -of-way line of N Utah Ave. APPLICANT: Print Name: A I-_5FR .._ Sign. Name: Address: Wo c. c kwws St pa, Phone # (709)-734- 117.4 Date Print N Sign N Description) i 13 `4 (?ef10 5 )131-) x! die`- /t 7,4Q!7 �-- Print Name: Sign Name: Date Page 29 of 62 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Yard and Business of the Month Awards I. REFERENCE(S): June 26, 2015 Regular Meeting: 7/6/15 IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Watkins to present Certificates of Appreciation for June 2015 "Yard of the Month" and 'Business Appearance of the Month" to: Julia Pineda, 424 Madrona Avenue James & Gail Warren, 3612 W. Ella Street Alfred & Elsa Flores, 5913 Maryhill Lane Jeff & Jody Provencher, 9010 Wellington Drive Gesa Credit Union, 7421 W. Sandifur Parkway III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 30 of 62 MR N O N (D n' rr (D rL r (D (D O CD � O O � � A r -L �j o � rD � a� o :a �9 0 x �I IN Page 31 of 62 N H� � � d O � M �I IN Page 31 of 62 ve C CD rt a s- (D n' -V (D O rL X 0 c Urq•'� o � o � p, ( n o � rt a; � � o C fD O O 0 rr �j 0Z- a S Low r'-. c--t— L= 0 Page 32 of 62 O n' O fD rr fD rL CD O O � rt O � O C M rt m � � O O �o rt w CD N � M W C �d M � K � M � N N C � M Page 33 of 62 1�C) �D n' �r rD O� l(D CD � ray. CD rL X O � � O CD (D Clq•''d O NA o O. x � � � o r -L �j rt rD O O C :7, " rD rLr O CD O C � 0 x O I►1 0 I M C Page 34 of 62 �,n r n� r (D O� CD UA rL (D 't O CL O � a- �� r -L - CD � o � O (DD r -L M A) O C rD O rt O cn 5 Ss1 IN Page 35 of 62 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Rick White, Director Community & Economic Development SUBJECT: Exemptions To Required Utility Connections I. REFERENCE(S): Proposed Ordinance June 29, 2015 Regular Meeting: 7/6/15 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. amending Section 16.06.040 "Waiver - Authorized" providing for administrative approval of waivers within certain areas of the City and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Chapter 16.06.040 of the Pasco Municipal Code allows waivers to the requirement for connection to City utilities to be approved by City Council subject to Findings, Approval Criteria and Conditions. The recent annexation of Area #2 and the RD 80 Area have incorporated approximately 1,200 acres of property — much of it developed but still containing areas that have existing lots or are attractive to new single family development on relatively large lots. In the Riverview Area in particular, sparse sewer mainline infrastructure is available. There is an existing development pattern of large lots with on-site septic systems and significant portions of the area require the construction of lift stations to provide municipal sewer service. In cases where the above deficiencies exist in the Riverview Area and as a result of Page 36 of 62 Council discussion at the Workshop Meeting of June 22 - other areas of the City - staff proposes that an administrative waiver to the requirement for sewer connection resulting from a development permit application, be available. V. DISCUSSION: Council has considered a number of waivers to sewer service connection since the annexation of Area #2. The waivers result from distances to sewer lines in excess of 200 feet and/or the lack of lift stations to provide flow to a sewer mainline. The attached ordinance for Council consideration revises Title 16 of the PMC to add an administrative waiver for sewer connections in the Riverview Area and in other areas provided the property can be developed with a legal on-site septic system. An examination of waiver requests from past years has not revealed circumstances that would be problematic with the proposed administrative waiver. The proposed administrative waiver recognizes that the necessary assurances for protecting the public health can be conditioned through the waiver. Page 37 of 62 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, amending Section 16.06.040 "Waiver — Authorized" providing for administrative approval of waiver within certain areas of the City. WHEREAS, Chapter 16.06 of the Pasco Municipal Code provides that connections to the City municipal sewer system may be waived by the City Council; and WHEREAS, in certain circumstances, development of property has occurred with lawful and recognized on-site septic systems consistent with applicable public safety and health regulations due to connections to the City sewer system being physically or economically infeasible; and WHEREAS, it is recognized that certain areas exist within the City where municipal sewer services are not readily available being in excess of 200 feet from an existing sewer line or lack of a functioning lift station or other sewer infrastructure; and WHEREAS, to address these applications for sewer waivers to be processed administratively, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 16.06.040 of the Pasco Municipal Code entitled "Waiver - Authorized" shall be and hereby is amended and shall read as follows: 16.06.040 WAIVER - AUTHORIZED. The prerequisite requirements for a development permit stated in Section 16.06.010 may be waived by_ (D Approval of the City Council by majority vote at any regular meeting or administrative approval as contained in Subsection (2) below upon such forms as they shall deem necessary to enable them to make specific findings of fact as to why a waiver should be granted. All such waivers must be applied for in writing on a form or forms to be supplied by the City of Pasco and all denials of such waiver shall also be in writing and state specific findings upon which the denial is based. The grant of a waiver may be reasonably conditioned and any such conditions shall be in writing, signed by the owner of the land, recorded and run with the land. Such conditions may include but shall not be limited to the following: (a) A specific period of exception; (b) Required participation in future public sewer and/or water service extension by L.I.D. or other means; (c) The signing by the owner of the property of a hold harmless and/or indemnity agreement in favor of the City of Pasco; or Page 38 of 62 (2) Administrative approval of the City Manager or designee for waiver of sewer utility connections provided the property for which the waiver is requested meets the following conditions - (a) Must be of adequate size, soil type, slope and other conditions to meet the Benton Franklin Health District requirements for on-site septic systems and replacement drain fields and must receive final approval from the District for the on-site system; (b) Must be greater than 200 feet from an existing municipal sewer service line or must be dependent on the provision of future sewer infrastructure to receive sewer service — such as additional line or treatment facilitv capacity, lift stations or similar components; (c) Subject to those conditions contained in subsection (1) (a) through (c) above; and (d) The decision on therg anting or denying of a sewer utility connection may be appealed to City Council within ten calendar days from the date of the decision. The appeal must be in writing_ (Ord. 4069, 2012; Ord. 2303 Sec. 3, 1981.) Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of , 2015. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney Page 39 of 62 AGENDA REPORT FOR: City Council June 30, 2015 TO: Dave Zabell, City Manager Regular Meeting: 7/6/15 Rick White, Director Community & Economic Development FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Proposed Code Amendment: Solid Waste Scavenging and Compaction (MF# CA 2015-004) I. REFERENCE(S): Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I moved to adopt Ordinance No. , an ordinance amending PMC Chapter 6.04 entitled "Solid Waste Disposal," and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In December of 2014 it was discovered that an Oregon firm, GreenSpace Recycling, was operating in Pasco without a business license. Staff notified the operator of the licensing requirement. The license application subsequently submitted to the City listed their type of business as "Junk Hauling." Their business model apparently includes, scavenging commercial waste receptacles for recyclables, manual compaction of the contents of containers in order to reduce the required dumpster size and transferring materials from one container to another. There is no way of determining where the residue from their scavenging, removal, and recycling activities is being taken, particularly as many of the items claimed to be recycled (such as couches), are generally not welcomed by any donation centers in town. The applicant also noted that they practiced "equalizing" which seems to indicate taking waste from one dumpster to another dumpster - location unknown. However it appears this practice is not limited to the same business. Page 40 of 62 The City's waste disposal franchisee, Basin Disposal Inc. (BDI), has raised liability concerns with GreenSpace Recycling employees entering BDI-owned waste receptacles without expressed permission from BDI. BDI receptacles are all marked with labels prohibiting entry. Furthermore, these receptacles are considered "confined spaces" by the State Health Department and State health regulations require special preparation, clothing, and equipment before entering. A significant portion of the Franchisee's (BDI) disposal costs are based on weight ("Tipping Fees") but their pricing model for dumpster size is determined by their experience of decades of operations as to what they expect for specific container sizes of un -compacted waste. Part of GreenSpace Recycling's business model appears to be to convince apartment owners to order a smaller volume dumpster; they then contract to manually compact the contents of that dumpster, thus loading the weight expected of a larger container into a smaller volume container. As BDI's fee structure is regulated by both the Washington Utilities and Transportation Commission and their Franchise Agreement with the City, they cannot simply adjust the fees to accommodate this unapproved external compaction activity. As a result these increased costs are being absorbed by BDI, creating an unsustainable revenue shortfall for them that, if not addressed, will ultimately need to be passed on to all rate classifications. Based on the City's obligations under the franchise agreement and in the interests of public health and sanitation, City Staff's is proposing that commercial recycling activities outside the franchise agreement be limited to the following conditions: I. A business must furnish separate, appropriately marked receptacles for recyclable materials on-site; 2. A business must perform any compaction prior to deposit into a garbage receptacle with no personal entry into receptacles; an added compaction fee, as specified in the franchise agreement, may apply; 3. A business must report the location of any and all deposit locations of all materials, recycled or otherwise removed from customer pickup sites; and 4. A business may not engage in the collection or transport of solid waste within the City of Pasco outside of the franchise agreement. The franchisee has indicated their favor with the proposed Ordinance and no response has been received from GreenSpace Recycling. V. DISCUSSION: Though the unlicensed activities of the applicant were determined to be in violation of the franchise agreement, City Code is vague in dealing with this type of activity generally. As a result, a code amendment has been crafted to strengthen the language of Page 41 of 62 the code (see attached Ordinance). Page 42 of 62 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington Amending PMC Chapter 6.04 entitled "Solid Waste Disposal" WHEREAS, the City pursuant to RCW 35A.21.060, has the authority to regulate the collection of solid waste and recyclable materials including the granting of a franchise contract for solid waste and recyclable materials collection by a qualified contractor conducting business in accordance with the rules of the Washington Utilities and Transportation Commission; and WHEREAS, the regulation of solid waste and recyclable material is necessary to provide for the health and safety of the citizens of the City of Pasco, and to provide for a comfortable and attractive living environment; and WHEREAS, interference with solid waste and recyclable material collection, and intrusion into solid waste and recyclable materials collection devices presents a risk to the health and safety of those who intrude and interfere with collection process as well as nearby residents and the duly authorized solid waste and recyclable materials collector for the City; and WHEREAS, to minimize this risk to health and safety, regulations are necessary regarding the access to, use of, and removal of solid waste and recyclable materials from such devices. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 6.04.060 of the Pasco Municipal Code entitled "Collection Contracts - Compulsory Service" shall be and hereby is amended and shall read as follows: 6.04.060 COLLECTION CONTRACTS - COMPULSORY SERVICE. It is unlawful for any person, other than the City or its contractor, if any, to engage in the business of collecting, removing, transporting, processing compacting, or disposing of solid waste in the City, unless specifically provided for in this chapter. All property owners, occupants of premises and persons responsible for the control of premises that have solid waste for disposal must pay for the solid waste disposal service provided for in this chapter. " viela4ie of this seeti ,,, shall be a violation ofthis ehapte (Ord. 2037 Sec. 1, 1979; Ord. 1537 Sec. 6(a), 1972.) Section 2. That a new Section 6.04.115 of the Pasco Municipal Code entitled "Can, Container - Scavenging Prohibited" shall be and hereby is created and shall read as follows: 6.04.115 CAN, CONTAINER - SCAVENGING PROHIBITED. A) It is unlawful for any person to scavenge or salvage solid waste or recyclable materials from any waste cans or containers required under this chapter except for an agent of the City or contractor. No unauthorized person shall take or remove any solid waste placed out for collection, including recyclable materials. Ordinance Amending PMC 6.04 - 1 Page 43 of 62 B) No person shall enter into a can, container, or other solid waste receptacle for the purpose of removing materials, compacting the contents of the receptacle, or any other unlawful purpose. This section shall not apply to: 1) Agents or employees of the City; or 2) Contractor when: i. Acting to remove solid waste; ii. Abatement of a present or imminent dangerous condition; iii. Investigation; or 3) The owner of personal property inadvertently deposited into the receptacle. C) Except as provided in subsection B) above, all solid waste and recyclable materials shall be presumed abandoned by the owner upon deposit into the can, container or receptacle, and title thereto shall vest to the contractor which shall have exclusive rights to its possession. Section 3. That Section 6.04.330 of the Pasco Municipal Code entitled "Penalties" shall be and hereby is amended and shall read as follows: 6.04.330 PENALTIES. Any person, or entity, found to be in violation of any provisions of this chapter, including violation of PMC 6.04.060 by engaging in the business of collecting, removing transportingor r disposing of solid waste in the City,, shall be deemed to have committed a civil infraction and for e infr etieM for each violation and for each day of violation, and shall be subject to a civil penalty as set forth in PMC 11.02.050(5), plus court costs and statutory assessments. (Ord. 3562 Sec. 17, 2002; Ord. 2562 Sec. 6, 1985; Ord. 1968 Sec. 4, 1978; Ord. 1537 Sec. 13, 1972.) Section 4. That Section 6.04.340 of the Pasco Municipal Code entitled "Enforcement" shall be and hereby is amended and shall read as follows: 6.04.340 ENFORCEMENT. A) Whenever the owner or occupant of any residence, multi -family residence, public food establishment or commercial establishment or entity does not comply with the regulations as set forth in this chapter, including operation of a solid waste and recycling material collection business without a valid business license, the City may elect to enforce the provisions of this seetien Chapter by tmifefmmeitatien andlef. civil complaint filed in the Municipal Court; or it may take administrative enforcement action through the City's Code Enforcement Board, pursuant to Title 11 of this code. For purposes of issuing eitations complaints to alleged violators of the provisions of this section, the person(s) designated by the City Manager of the City to enforce the Ordinance Amending PMC 6.04 - 2 Page 44 of 62 provisions of this section shall have the specific authority to issue said and/o complaint to the said alleged violators and file the same in the Municipal Court in accordance with its procedures. B) Whenever, in any action brought in the Municipal Court, it is established that the residence, multi -family residence, public food establishment or commercial establishment does not comply with this section, the Court shall, together with the fie ep naltX imposed, if any, enter an order of abatement as part of the judgment in the case, which order shall direct either: 1) That any such violation of the provisions of this section shall be abated or removed by the defendant within the time limit set by the Court, and not exceed thirty days; and 2) That the violation of the provisions of this section may be abated by the City at the cost of the defendant. C) Everyper-sonyiioia4es any of thethis seetion is guilty O Goui4y jail for- a mwiimum tefm fixed by the Gottt4 of not more gian ninety days, or- -a find of not more 4tan one thousand ($1,000) dollars or- by (Ord. 3562 Sec. 18, 2002.) Section 5. 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 , 2015. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Ordinance Amending PMC 6.04 - 3 Page 45 of 62 AGENDA REPORT FOR: City Council June 30, 2015 TO: Dave Zabell, City Manager Regular Meeting: 7/6/15 Rick Terway, Director, Administrative and Community Services FROM: Brent Kubalek, Recreation Services Manager Administrative & Community Services SUBJECT: Youth Athletic Facilities Grant - Authorizing Resolution I. REFERENCE(S): Site Development Plan Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , authorizing submitting application for grant funding assistance for Youth Athletic Facilities project (Highland Park Football Field) to the Recreation and Conservation Office as provided in WAC 286 and subsequent Legislative action. III. FISCAL IMPACT: Up to $100,000 matching City funds IV. HISTORY AND FACTS BRIEF: Highland Park was originally purchased with IAC Grant funds and 2 football fields were constructed. As part of the stipulation of the grant, the primary use of the fields is to be for providing a youth football program in Pasco. The park was later expanded with City funds and a third football field was developed. With the growth the City of Pasco has seen over the past 2 decades, the youth football program has seen just as much growth. Over the past 10 years, the program has grown from 200-300 football players, to an expected 1000 football players and an additional 300-400 cheerleaders. The benefit of such growth is now the Pasco Youth Football program is a regional and statewide recognized organization. The challenge is that the growing number of teams has forced most of the practices out to other neighborhood parks and has forced the league to start playing some of their games on weekdays. It is Page 46 of 62 becoming more and more difficult to meet the demands for the required playing time especially later in the season as days become shorter. Also, weekday games often do not provide for optimal recovery time between games. V. DISCUSSION: The grant would be used to add lights, ADA accessible bleachers and paths to the main field at Highland Park. The addition of lighting and other amenities is an inexpensive means by which to create much needed capacity by allowing for longer hours of play at the facility, which would help to accommodate growth in the program. Additionally, the proposed improvements would be a safer environment as teams are not forced to play right up until the point of darkness. The ADA bleachers and paths create the opportunity for all spectators to watch the games. The lights and bleachers would allow the Pasco Youth Football league to host small tournaments and move the complex one step closer to becoming a facility that would be able to host state and regional tournaments and events which would create positive economic impact to the area. Subsequent steps would be to add a centrally located ADA accessible restroom/concession/storage/press box building. The cost of the proposed lighting, bleacher and path upgrades is approximately $240,000. The RCO Youth Athletics Facilities Grant is a 50% match grant, so the requested grant amount is $120,000. The Pasco Youth Football league has committed to earning and donating $20,000 to the project which would leave the City with a commitment of $100,000 to the project should we be awarded the grant. The proposed resolution authorizes the City to submit the grant application and states that we understand the City's commitment should we be awarded the grant. In the event the grant were awarded, staff would work closely with the surrounding neighbors and property owners to assure impacts of expanded hours are properly mitigated. Staff requests Council's comments and recommends approval of the proposed resolution. Page 47 of 62 ACCESS PATHS 11 rr, Futures °ct Accessible Restroom/Storage f Facility Field #1 SITE f y�1 U DEVELOPMEW1 PLAN Sports Field Light Banks ' SAL RESOLUTION NO. Highland Park Football Field A RESOLUTION of the City of Pasco, authorizing submitting application for grant funding assistance for Youth Athletic Facilities project to the Recreation and Conservation Office as provided in WAC 286 and subsequent Legislative action. WHEREAS, under the provisions of the Youth Athletic Facilities (YAF) program, state grant assistance is requested to aid in financing the cost of facility development and WHEREAS, our organization considers it in the best public interest to complete the project described in the application; NOW, THEREFORE, BE IT RESOLVED that: 1. The Director is authorized to make formal application to the Recreation and Conservation Office for grant assistance; 2. Any grant assistance received will be used for direct costs associated with implementation of the project referenced above; 3. Our organization expects that our matching share of project funding will be derived from park impact fees and general fund revenue and that pursuant to WAC 286-13-040 (3) we must certify the available match at least one month before funding approval. In addition, our organization is responsible for supporting all non-cash commitments to this project should they not materialize. 4. We acknowledge that the grant assistance, if approved, will be paid on a reimbursement basis, meaning we will only request payment from the Recreation and Conservation Office after eligible and allowable costs have been incurred and payment remitted to our vendors, and that the Recreation and Conservation Office will hold retainage until the project is deemed complete. 5. We acknowledge that any facility developed through grant assistance from the Recreation and Conservation Funding Board must be reasonably maintained and made available to the general public at reasonable hours and times of the year according to the type of area or facility unless other restrictions have been agreed to by the Recreation and Conservation Office Director or the Recreation and Conservation Funding Board. 6. We acknowledge that any facility developed with grant assistance from the Recreation and Conservation Funding Board must be dedicated for public outdoor recreation purposes, and be retained and maintained for at least 20 years from the date of final project reimbursement unless otherwise provided and agreed to by our organization, the Recreation and Conservation Funding Board. 7. This resolution becomes part of a formal application to the Recreation and Conservation Office for grant assistance; and 8. We provided appropriate opportunity for public comment on this application. This resolution was adopted by our organization during the meeting held in the Council Chambers at Pasco City Hall on July 6, 2015. Signed and approved by the following authorized representative: Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Page 49 of 62 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Bob Gear, Fire Chief Fire Department July 1, 2015 Workshop Meeting: 7/6/15 SUBJECT: Agreement with Franklin County Fire District No. 3 Regarding Asset Transfers and Exchange of Services I. REFERENCE(S): Proposed Interlocal Agreement 2014 Response Times Map "Heat Map" II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Interlocal Agreement with Franklin County Fire District No. 3 and, further, authorize the City Manager to execute the agreement. III. FISCAL IMPACT: Fiscal to be determined. The goal is that the City and Fire District will exchange services and transfer some assets to equal advantage in order to better serve their respective jurisdictions as a result of the annexation of the Road 80 area. IV. HISTORY AND FACTS BRIEF: In anticipation of the July 1 annexation of the Road 80 area, the City and Fire District entered into discussions, and later negotiations, to consider the impacts of the contemplated annexation on each jurisdiction and to consider ways to work cooperatively in the transition of services and beyond. The annexation of the Road 80 area presents unique challenges and opportunities for the District as well as the City. The proposed agreement, which is being considered formally by the Fire District on June 23, provides for a transfer of assets in accordance with State law and an exchange of services between the City and District as follows: District to provide: 1. Transfer ownership of Road 48 Fire Station to City. 2. Transfer ownership of a water tender (specifications TBD) to City. Page 50 of 62 3. Automatic aid services at no cost to City for: Water tender response Breathing air support Wildland fire support Other services as agreed by mutual consent. City to provide: 1. Automatic Advanced Emergency Medical Services (AEMS) at no cost to District. 2. One time payment of an amount calculated as the difference between the cost of water tender (TBD) and prior AEMS services provided by City to District. V. DISCUSSION: Staff believes the agreement, which represents the settlement of prior issues between the City and the Fire District, while establishing mutually beneficial automatic aid for needed services, represents a win-win for both jurisdictions and recommends approval. The acquisition of the Road 48 Fire station also provides the backbone of a valuable option to the City as it works its way through the Washington State Rating Bureau evaluation of the City's fire rating update later this year. Page 51 of 62 Interlocal Agreement between Franklin County Fire District No. 3 and the City of Pasco, concerning the exchange of services and the transfer of assets due to the Annexation of the Road 80 Area to the City. This Agreement is made and entered into this _ day of , 2015, by the Franklin County Fire District No. 3 ("District") and the City of Pasco ("City"), collectively referenced to as the "Parties"; pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act. WHEREAS, certain territories of the District are located within the Urban Growth Area of the City and some of said territories are bounded on all sides by the City; and WHEREAS, District provides fire protection and Basic Emergency Medical Services (BEMS) to properties within the District and City provides fire protection and Advanced Emergency Medical Services (AEMS) to properties within the City; and WHEREAS, the District and City have determined that the transfer of assets and exchange of services is a reasonable way to efficiently and fairly provide for the transfer of jurisdiction from the District to the City while maintaining service levels and conserving taxpayer resources in anticipation of the annexation of the Road 80 Area by the City; and WHEREAS, the Parties desire to formalize their understanding and agreements in conjunction with the annexation process; NOW, THEREFORE, in consideration of the terms and conditions contained herein, the District and City agree as follows: Section 1. Purpose: The purpose of this agreement is to provide for the exchange of services between the District and the City and for the transfer of certain assets, pursuant to law, due to the annexation of the Road 80 Area (as shown on the attached Exhibit "A") by the City. Section 2. Effective Date and Term: This Agreement shall become effective on , 2015 and shall continue in force until terminated by mutual agreement or until either of the Parties gives advance written notice of termination of not less than one year. Such notice of termination may not be given within the first five years of this agreement, except for cause. The Parties agree to review the terms, conditions and services covered by this agreement at least once every five years beginning with the effective date. Section 3. District Agrees to: A. Transfer the fee title ownership of its Fire Station on Road 48 (Exhibit "B") to City, within 60 days of the effective date of this Agreement. Transfer shall be in consideration and full satisfaction of District's obligation to transfer a pro -rata share of its assets to City, per RCW 35A.14.400, pursuant to City's annexation of the Road 80 Area. Interlocal Agreement — Franklin County Fire District No. 3 and City of Pasco Page 1 Page 52 of 62 B. Transfer of ownership of a water tender, the final specifications will be agreed upon by the Fire Chiefs of the Parties, to the City in consideration of previous AEMS services provided by City to District. C. Become a signatory agency to the current local Automatic Aid Agreement and provide, when available, automatic aid services to the City at no cost for: 1. Water tender response; 2. Breathing air support; 3. Wild land fire support; and 4. Such other life services as agreed to by the Fire Chiefs of the Parties. Section 4. City Agrees to: A. Provide automatic aid services at no cost to District for: 1. Advanced Emergency Medical Services. 2. For billable transport services, the City shall bill non -City patients treated and/or transported in/from the District at the non-resident rate. B. Make payment to the District, within 30 days of date of the transfer of the water tender, per Section 3B, in an amount which represents the difference between the cost of AEMS services provided by City to District (up to the date of the transfer) and the cost of providing the water tender per the specifications as agreed to, per Section 3B. The payment shall be in such amount as agreed to by the Parties. Section 5. Cost Schedule: The Parties agree to the cost schedule for equipment and services, provided and attached hereto as "Attachment. A." Section 6. Annexation Continseney: This Agreement anticipates the effective date of the Road 80 Area Annexation to be July 1, 2015. In the event that the annexation, for any cause whatsoever, is deemed to be invalid, this Agreement shall immediately be terminated and of no force and effect. Section 7. Indemnification: A. The District shall indemnify and hold the City and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the City arising out of, in connection with, or incident to the execution of this Agreement and/or the District's performance or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the District; and, provided further, that nothing herein shall require the District to hold harmless or defend the City, its agents, employees and/or officers from any claims arising from the sole negligence of the City, its agents, employees, and/or officers. No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. Interlocal Agreement — Franklin County Fire District No. 3 and City of Pasco Page 2 Page 53 of 62 B. The City shall indemnify and hold the District and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the District arising out of, in connection with, or incident to the execution of this Agreement and/or the City's performance or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of the District, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the City; and provided further, that nothing herein shall require the City to hold harmless or defend the District, its agents, employees and/or officers from any claims arising from the sole negligence of the District, its agents, employees, and/or officers. No liability shall attach to the District by reason of entering into this Agreement except as expressly provided herein. Section 8. Waiver of Subrogation: The District and the City hereby mutually release each other from liability and waive all right of recovery against each other for any loss caused by fire or other perils which can be insured against under fire insurance contract including any extended coverage endorsements thereto which are customarily available from time to time in the State of Washington, provided, that this paragraph shall be inapplicable to the extent that it would have the effect of invalidating any insurance coverage of the District or the City. Section 9. Compliance with Regulations and Laws: The Parties shall comply with all applicable rules and regulations pertaining to thein in connection with the matters covered herein. Section 10. Assignment: The Parties shall not assign this Agreement or any interest, obligation or duty therein without the express written consent of the other Party. Section 11. Attorney's Fees: If either Party shall he required to bring any action to enforce any provision of this Agreement, or shall be required to defend any action brought by the other Party with respect to this Agreement, and in the further event that one Party shall substantially prevail in such action, the losing Party shall, in addition to all other payments required therein, pay all of the prevailing Party's reasonable costs in connection with such action, including such sums as the court or courts may adjudge reasonable as attorney's fees in the trial court and in any appellate courts. Section 12. Miscellaneous Provisions: A. All of the covenants, conditions and agreements in this Agreement shall extend to and bind the legal successors and assigns of the Parties hereto. B. This Agreement shall be deemed to be made and construed in accordance with the laws of the State of Washington. C. Unless otherwise specifically provided herein, no separate legal entity is created hereby, as each of the Parties is contracting in its capacity as a municipal. corporation of the State of Washington. The identity of the Parties hereto is as set forth herein above. Interlocal Agreement — Franklin County Fire District No. 3 and City of Pasco Page 3 Page 54 of 62 D. The performances of the duties of the Parties provided hereby shall be done in accordance with standard operating procedures and customary practices of the Parties. E. The oversight and administration of the Agreement shall be done by the Fire Chiefs of the respective Parties. F. No provision of this Agreement shall relieve either Party of its public agency obligations and/or responsibilities imposed by law. G. If any terra or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision of any court having jurisdiction on the matter, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect, unless such court determines that such invalidity or unenforceability materially interferes with or defeats the purposes hereof, at which time the City shall have the right to terminate the Agreement. H. This Agreement constitutes the entire Agreement between the Parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an Agreement in writing signed by both Parties. I. Copies of this Agreement shall be filed with the Franklin County Auditor's Office and posted on the websites of the respective Parties. IN WITNESS HEREOF, the Parties have signed this Agreement. CITY OF PASCO Dave Zabell, City Manager ATTEST: Debbie Clark, City Clerk F-119 ttoQID • •R Lee Derr, City Attorney FRANKLIN COUNTY FIRE DISTRICT NO.3 Tom Hughes, Commission Chair ATTEST: Heidi Ellerd, Commission Secretary APPROVED AS TO FORM: Heidi Ellerd, District Attorney Interlocal Agreement -- Franklin County Fire District No. 3 and City of Pasco Page 4 Page 55 of 62 Page 56 of 62 a a o `-i o `1 o o ci o d oIn "i j rrj Ln O 0Q O rl P% M e�-I ,ri t✓� N i-1 , d Vra FiIy V iA C] L- a41 U- N D 0 r a Li m M CL CLI u O Tm u '8 o ) -0 N aj ri LA 0 v a � ii O m x `c. 2 w o ? 15 CD v E Z Z � _ 0) a ami — p p u M M a 3 V U a 3 Q © m > 0[1 v 7 i u u_ 3 is Ts o cU •~ o o a Ln o 41 > a c `� `� s u M L o Q 3 " iv ca O — y LU N Lu �j i "a Cpl W eta W 1 a 7 ,+_T' — O a ro Y� LMUu Lu 61 < > ¢ > < m u > o o O N G rV ry O G an d O O � � � q O N tD mQ n 04 O u wo N ih LD vF M M d O t � CL } r � Q > O u �+ p N X 41 M 0 LL Q Qj 7 u j ? t7 .� LL a rs rtes E ro rca a ) a E _ m a G ar E p O > p ami o N L L `m CA � H CL ri1 a CL C as �n nn n ba ' w qj (D c u L F- " <L ti0 L L o, V) v i u c u m u O u_ 4 [J N CJ U 7 6! � O m O O `J � m rg o a 73 Q Q 4, 4M, a > T GJ 7 T QJ 3 A t3 y 7 (6 41 3E 41 R mN — [D f0 m � — Sd f0 r0 4t E ra R+ w u +: +' ' 0 o L �+ {4 o L M Q i m 'LU fi *' iC w W S W �Ln u w Z W Lu w Lu~ Q W F- Q Page 56 of 62 070 4-j Page 57 of 62 ��i11�®ham®11 TillEm Ll m EM Ill ®® J Em go EM Em Im EM 111-10-11 HE on EM \FIA-11mm Em om EM Em Em aw am _ LE09 EM Em _ _— .. IRPSIMS Em e. rte_OF _' _ EM 9 UM SM EM 10 Em _EM EM BE EM UP EM EM EM RM Rm PM Em Em ===== �Pm EMIL Em EM _ EM Em m I Em Ema 0 N i Pasco Fire Heat Ma,p - p ce Deseret Dr +' rL � v i1{auTrait `c.s II Ile Edelman Rd Powerhile Rd O,C'a,. r, Lit t Tlliee Rlveis iSl o a -1 sandOutF'i k' %mildlery y LaiedD ref 7 f l D, 00 t 1, glel ]iitl r�1wd flul(ien R[I Burden Wud } W I? � m u i �V Q 7f Cc -13 z X m NdzF �.. Station K A 10 4 cu 11i-CilieM.Aill' opQ CL m ca ILI .l5 ' H h'f Yi,,In.�oa Rrl WWe,rnenRd E1�7#�il West Pawn W Feast 5t 0 � Ptc.30 SI � rz RS � Island r W Court St v W Coils# St VO Court !A I` Pal k4 +;lvd PPx F*Wrtr5t a s� •i Station 81 If 4�i 7�IkY!9tel �t 395 'Ifi4.Vr.l'ul,'r it �e 2ACI v irk xf �l f u W IJmnlillo Ave _ �a1t far Rfver WY A St V; A S,i a 240 f � Toyota Center yr Cr►nat O rr WIdrfliJJ€I A l33'r� Ii; F%l k _M tirt'Ci17Ry '-40q, r+f+ ag M N > a VY Hood Ave � �+ S W b'Wlnt Mir f %Y Ora c W Clearwater Ave �' , AGENDA REPORT FOR: City Council July 1, 2015 TO: Dave Zabell, City Manager Regular Meeting: 7/6/15 FROM: Stan Strebel, Deputy City Manager SUBJECT: Letter of Support, Port of Pasco Small Community Air Service Development Grant L REFERENCE(S): Proposed Letter of Support II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to authorize the Mayor to sign the letter of support for the Port of Pasco's Small Community Air Service Development Grant. III. FISCAL IMPACT: $10,000 Economic Development Fund IV. HISTORY AND FACTS BRIEF: The Port of Pasco is seeking funding from the US Department of Transportation for a $750,000 grant to assist in the recruitment of additional air services at the Tri -Cities Airport. Specifically, the grant funding would be used to help secure a carrier to establish regular, direct service to Los Angeles as that area has been identified as the most common destination for travelers from the Tri -Cities, notwithstanding the fact that there is no daily, non-stop service for Los Angeles from Pasco. The grant requires a $100,000 match, which the Port is seeking to raise through commitments from local governments and businesses. The Port has requested a $10,000 commitment from the City which would only be utilized under the following scenario: The Port secures the grant, New, non-stop service to Los Angeles is secured, The service falls short of its target revenue goal, and Payments, made as a subsidy to the airline, in the event of a revenue shortfall would be made pro -rata from grant funds and matching sponsors (unused funds Page 60 of 62 would be refunded). The prospect of new service to Los Angeles provides significant potential economic benefits to local businesses and citizens, and the City and Port have cooperated on numerous important economic development projects in the past. If Council approves the letter as a commitment of support, staff will work to develop an appropriate memorandum of understanding to formalize the details. V. DISCUSSION: Staff recommends Council's authorization to execute and transmit the letter. Page 61 of 62 - OFFICE OF THE MAYOR (509) 545-3404 / Fax (509) 545-3403 1 , P. 0. Box 293, 525 N. 3rd Avenue, Pasco, WA 99301 "qP1V July 6, 2015 Anthony Foxx, Secretary US Department of Transportation 1200 New Jersey Ave SE Washington, D.C. 20590 RE: Tri -Cities Regional Airport — Small Community Air Service Development Grant Dear Secretary Foxx: The City of Pasco expresses its support for a $750,000 funding request submitted to the US Department of Transportation by the Port of Pasco and the Tri -Cities Regional Airport. This funding request is the key in helping our regional airport recruit additional air service. We are pleased to show our support for the grant request by committing up to $10,000 of matching funds. Pasco is pleased to be the home for the Tri -Cities Airport. The Airport is a major regional transportation asset for the City, the Tri -Cities Region, and the State of Washington, serving more than one million residents living in communities in southeast Washington and northeast Oregon. This airport is the gateway to the Tri -Cities region, is a key contributor to the economic vitality of the region, and provides direct air service for the region's residents and businesses, reducing the need to travel for four hours over mountain passes to reach larger airports. While the Tri -Cities economy and population has been growing at dramatic rates, air service offerings and enplanements have remained flat and there is a critical need for access to new markets. In particular, there are more passengers between the Tri -Cities and Los Angeles every day than to any other city and yet the airport has no daily, non-stop service to any airport in the Los Angeles area. If successful, direct air service to Los Angeles will benefit our residents and businesses alike with improved business connections, more tourism opportunities, and a higher quality of life. The City strongly urges the Department of Transportation to partner with the Tri -Cities community on this important economic development project. Thank you in advance for your consideration. If you have any questions regarding the City's support for this project, please feel free to contact me or Dave Zabell, Pasco City Manager. Sincerely, Matt Watkins Mayor Page 62 of 62