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HomeMy WebLinkAbout2016.07.18 Council Meeting PacketPage 5-9 10-12 13- 19 Regular Meeting 1. CALL TO ORDER: 2. ROLL CALL: AGENDA PASCO CITY COUNCIL 7:00 p.m. (a) Pledge of Allegiance 1. Columbia River Young Marines to lead the Pledge July 18, 2016 Mayor Watkins to acknowledge the Columbia River Young Marines for their continuous service to the City of Pasco in support of our community events 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 July 5, 2016. (b) Bills and Communications To approve claims in the total amount of $8,342,215.45 ($1,851,924.11 in Check Nos. 210723-210978; $763,084.62 in Electronic Transfer Nos. 811234, 811328-811333; $58,868.62 in Check Nos. 49414-49486; $605,383.73 in Electronic Transfer Nos. 30096256-30096758; $5,062,954.37 in Electronic Transfer Nos. 269-279). 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 $222,808.74 and, of that amount, authorize $150,578.57 be turned over for collection. (c) 1 Street Vacation: A Portion of Nevada Ave., Wyoming Ave., Utah Ave., and Superior St. (MF# VAC 2016-009) Page 1 of 35 Regular Meeting July 18, 2016 To approve Resolution No. 3719, a resolution setting 7:00 P.M., Monday, August 15, 2016, as the time and date to conduct a public hearing to consider vacating portions of Nevada Avenue, Wyoming Avenue, Utah Avenue and Superior Street. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: (a) Introduction of the new Downtown Pasco Development Authority Executive Director, Luke Hallowell (b) Introduction to Wayfinding in the Tri -Cities Presented by: Glen Swantek, Design Principal, Merje 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 20 (b) General Fund Operating Statement 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 21-28 (a) Street & Easement Vacation: Street Right -of -Way and Street Easement between Rd 92 and Rd 96 (MF# VAC 2016-007) CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4297, an Ordinance vacating right-of-way and easements associated with the undeveloped portion of Franklin Road between Road 92 and Road 96, and, further, authorize publication by summary only. Page 2 of 35 Regular Meeting July 18, 2016 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 29-35 (a) Impact Fee Deferral System MOTION: I move to adopt Ordinance No. 4307, providing for the deferral of impact fees; amending Section 3.07.100 "Planning Permits"; Enacting Section 3.132.035 "Definitions"; Amending Section 3.132.060 "Time of Payment of Impact Fee"; and Repealing Section 3.133.040 "School Impact Deferral Option" and, further, authorize publication by summary only. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required Item not previously discussed Q Quasi -Judicial Matter MF# "Master File #...." REMINDERS: 6:00 p.m., Monday, July 18, City Hall Conference Room #2 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 3:30 p.m., Thursday, July 21, FCEM Office — Franklin County Emergency Management Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER TOM LARSEN, Alt.) 4:00 p.m., Thursday, July 21, Tri -Cities Regional Business & Visitor Center — Manhattan Project National Historical Park Advocacy Committee Meeting. (MAYOR MATT WATKINS) This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed Page 3 of 35 Regular Meeting at www.pasco-wa.gov/psctvlive. July 18, 2016 Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 4 of 35 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 07.05.16 July 12, 2016 Regular Meeting: 7/18/16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Meeting dated July 5, 2016. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 35 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 5, 2016 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Robert Hoffmann, Tom Larsen, Matt Watkins and Al Yenney. Excused: Mike Garrison, Saul Martinez. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief, Bob Gear, Fire Chief and Dan Ford, City Engineer. 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 20, 2016. Bills and Communications To approve claims in the total amount of $5,107,070.02 ($1,806,979.79 in Check Nos. 210482-210722; $643,469.05 in Electronic Transfer Nos. 810546, 810656-810745, 810750, 810759-810821, 810837-811236; $63,287.29 in Check Nos. 49344-49413; $593,460.35 in Electronic Transfer Nos. 30095771- 30096255; $1,999,873.54 in Electronic Transfer No. 268. First Night Tri -Cities Amendment to Agreement To approve the First Amendment to the 2008 Agreement with First Night Tri - Cities and, further, authorize the City Manager to execute the document Summer School Services Interagency Agreement To approve the Interagency Agreement with the Pasco School District providing School Resource Officers for the 2016 Summer School session and authorize the City Manager to execute the agreement. Municipal Prosecutor - Agreement Renewal To approve the Agreement for Prosecutorial Services with Bell, Brown and Rio (2016-2020) and, further, to authorize the City Manager to execute the document. Replace Grit Classifiers - Increase Spending Authority To approve the increased CIP spending authority for the Replace Grit Classifiers Project and allocate the funds in the 2013/2015 bond for water and sewer. Page 1 of 4 Page 6 of 35 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 5, 2016 Final Plat: Linda Loviisa Division 2, Phase 6 (MF# FP 2016-007) To approve the Final Plat for Linda Loviisa, Division 2, Phase 6. Final Plat: Broadmoor Terrace, Phase 2 (MF# FP2016-009) To approve the final plat for Broadmoor Terrace, Phase 2. Accept Work - Kurtzman Park Playground To approved Resolution No. 3717, accepting the work performed by Gametime, for the Kurtzman Park Playground equipment and installation in the total amount of $142,326.44 including sales tax. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Yenney seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Yard and Business of the Month Awards Mayor Watkins presented Certificates of Appreciation for June 2016 "Yard of the Month" and 'Business Appearance of the Month" to: Ramiro & Aracile Soto, 416 N. Beech Ave. Benito & Rebeca Diaz, 2600 W. Brown St. Judy Donaldson, 4008 Desert Plateau Dr. John & Susan Calhoun, 8104 Snoqualmie Dr. Bush Car Wash, 3810 W. Court St. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Yenney reported on the TRAC Advisory Committee meeting and the Grand Old 4th of July Celebration. Mr. Hoffmann participated in a demonstration of the new Fire Rescue Boat and in the judging of the Grand Old 4th of July Parade entries. Ms. Francik thanked the sponsors of the Grand Old 4th of July Fireworks Display and participated in a demonstration of the new Fire Rescue Boat. Mr. Larsen participated in the Grand Old 4th of July Parade and the demonstration of the new Fire Rescue Boat. Mayor Watkins related a citizens appreciation for 2 Pasco Police Officers who stopped to help him lift a heavy item out of his pickup. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation: A portion of Duluth St. (MF# VAC 2016-008) Mr. White explained the details of the proposed vacation. Mayor Watkins declared the Public Hearing open to consider the proposed vacation. Page 2 of 4 Page 7 of 35 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 5, 2016 Following three calls for comments, and there being none, Mayor Watkins declared the Public Hearing closed. MOTION: Ms. Francik moved to approve Ordinance No. 4303, an ordinance vacating a portion of Duluth Street and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Nuisances Related to Marijuana Council and staff discussed the details of the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4304, an Ordinance of the City of Pasco, Washington, Amending Section 9.60.030 "Specific Nuisances"; Amending Section 9.60.080 "Penalty for Violation"; Amending Section 9.60.090 "Abatement of Nuisances"; and Amending Section 9.60.120 "Each Day as Separate Offense", and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. PMC 16.50 "Unsafe and Unfit Buildings" MOTION: Ms. Francik moved to adopt Ordinance No. 4305, an Ordinance of the City of Pasco, Washington Adopting PMC Chapter 16.50 "Unsafe and Unfit Buildings, Structures, and Premises", and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Proposed Charter/By Laws Amendment for Board Composition of Downtown Pasco Development Authority MOTION: Ms. Francik moved to adopt Ordinance No. 4306, amending the Charter, regarding Board Composition, for the Downtown Pasco Development Authority and, further, to authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Special Permit: Location of a Car Lot in a C-1 Zone (Robledo) (MF# SP 2016-006) Council and staff discussed the details of the proposed ordinance. MOTION: Ms. Francik moved to approve Resolution No. 3718, approving a special permit for a car sales lot located at 609 W. Lewis Street. Mr. Yenney seconded. Motion carried unanimously. NEW BUSINESS: Midland Lane Extension (South of Sandifur Parkway) - Add to Capital Improvement Plan and Spending Authority Increase Mr. Qayoumi explained the details of the proposed addition to the CIP. MOTION: Ms. Francik moved to approve the addition of the Midland Lane Extension project to the 2016 Capital Improvement Plan and to increase CIP spending authority and allocate the funds for the construction of the project as proposed. Mr. Yenney seconded. Motion carried unanimously. Page 3 of 4 Page 8 of 35 MINUTES REGULAR MEETING PASCO CITY COUNCIL MISCELLANEOUS DISCUSSION: JULY 5, 2016 Mr. Hoffmann inquired about paint markings on some trees in Sylvester Park and commented on his experience on Jury Duty last week. Ms. Francik thanked staff for the great job they did with the Grand Old 4th Celebration and Mr. Yenney noted many volunteers started as early as 5:30 a.m. Mr. Zabell noted Pasco is one of the top 10 fastest growing cities in the state and commented on the new Fire Rescue Boat. EXECUTIVE SESSION: Council adjourned to Executive Session at 7:26 p.m. for approximately 30 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 7:55 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:55 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk PASSED and APPROVED this 18th day of July, 2016 Page 4 of 4 Page 9 of 35 AGENDA REPORT FOR: City Council July 14, 2016 TO: Dave Zabell, City Manager Regular Meeting: 7/18/16 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 07.18.16 Bad Debt Write-off/Collection 06.30.16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $8,342,215.45 ($1,851,924.11 in Check Nos. 210723-210978; $763,084.62 in Electronic Transfer Nos. 811234, 811328-811333; $58,868.62 in Check Nos. 49414-49486; $605,383.73 in Electronic Transfer Nos. 30096256-30096758; $5,062,954.37 in Electronic Transfer Nos. 269-279). 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 $222,808.74 and, of that amount, authorize $150,578.57 be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 10 of 35 CITY OF PASCO Council Meeting of: July 18, 2016 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Rick Terway, A&CS Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 18th day of July. 2016 that the merchandise or services hereinafter specified have been received and are approved for payment: Claims Bank Payroll Bank Gen'I Bank Electronic Bank Combined Check Numbers 210723-210978 49414-49486 Total Check Amount $1,851,924.11 $58,868.62 Total Checks $ 1,910,792.73 Electronic Transfer Numbers 811234 30096256-30096758 269-279 N/A 811328-811333 Total EFT Amount $763,084.62 $605,383.73 $5,062,954.37 $0.00 Total EFTS $ 6,431,422.72 Grand Total $ 8,342,215.45 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND 551,867.04 STREET 8,421.54 ARTERIAL STREET 0.00 STREET OVERLAY 0.00 C.D. BLOCK GRANT 4.08 HOME CONSORTIUM GRANT 20,000.00 NSP GRANT 0.00 MARTIN LUTHER KING COMMUNITY CENTER 3,233.86 AMBULANCE SERVICE 21,401.72 CEMETERY 4,070.59 ATHLETIC PROGRAMS 782.22 GOLF COURSE 97,274.87 SENIOR CENTER OPERATING 3,334.92 MULTI -MODAL FACILITY 3,288.58 SCHOOL IMPACT FEES 149,856.00 RIVERSHORE TRAIL & MARINA MAIN 1,472.66 SPECIAL ASSESSMENT LODGING 19,924.39 LITTER ABATEMENT 1,146.96 REVOLVING ABATEMENT 2,528.18 TRAC DEVELOPMENT & OPERATING 0.00 PARKS 0.00 ECONOMIC DEVELOPMENT 45,925.83 STADIUM/CONVENTION CENTER 5,686.10 LID 0.00 GENERAL CAP PROJECT CONSTRUCTION 376,318.26 UTILITY, WATER/SEWER 5,630,424.66 EQUIPMENT RENTAL - OPERATING GOVERNMENTAL 44,622.15 EQUIPMENT RENTAL - OPERATING BUSINESS 25,287.92 EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL 0.00 EQUIPMENT RENTAL - REPLACEMENT BUSINESS 0.00 MEDICAL/DENTAL INSURANCE 231,663.75 FLEX 2,892.77 PAYROLL CLEARING 1,090,786.40 GRAND TOTAL ALL FUNDS: $ 8,342,215.45 Page 11 of 35 BAD DEBT WRITE-OFF/COLLECTION June 1 -June 30. 2016 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non -criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS - These are Code Enforcement violation penalties which are either un -collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Page 12 of 35 Direct Referred to Total Write-off Collection Write-off Utility Billing $ 25.30 .00 25.30 Ambulance $ 69,994.88 13,183.42 83,178.30 Court A/R $ .00 127,024.00 127,024.00 Code Enforcement $ 1,985.00 10,371.15 12,356.15 Cemetery $ .00 0.00 .00 General $ 224.99 .00 224.99 Miscellaneous $ .00 .00 .00 TOTAL: $ 72,230.17 150,578.57 222,808.74 Page 12 of 35 AGENDA REPORT FOR: City Council July 11, 2016 TO: Dave Zabell, City Manager Regular Meeting: 7/18/16 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Street Vacation: A Portion of Nevada Ave., Wyoming Ave., Utah Ave., and Superior St. (MF# VAC 2016-009) I. REFERENCE(S): Overview Map Vicinity Map Proposed Resolution Vacation Petition IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , a resolution setting 7:00 P.M., Monday, August 15, 2016, as the time and date to conduct a public hearing to consider vacating portions of Nevada Avenue, Wyoming Avenue, Utah Avenue and Superior Street. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Shriners Hospital for Children has submitted a petition for the vacation of portions of Nevada Avenue, Wyoming Avenue, Utah Avenue and Superior Street. Shriners have no set plans for development on the property fronting the referenced streets. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular Council meeting for a public hearing, which provides the statutory 20 -day hearing notice, is August 15, 2016 V. DISCUSSION: Nevada Avenue and Wyoming Avenue are identified in the Oregon Avenue Page 13 of 35 Circulation Plan as streets that can be vacated. Other streets in the Oregon Avenue area such as Utah Street and Superior Street can be reduced from 80 feet in width to 60 feet. Because the streets in question are located within the boundaries of the Oregon Avenue Circulation Plan the provisions of PMC 12.40 (new vacation procedures) do not apply. Page 14 of 35 Overview Item: Street Vacation - Nevada, Utah, Wyoming, et 1. Applicant: Shriners Hospital W E Map File #: VAC 2016-009 _ S I y FTIER 6 JAMESST 9c _!o .o r �...� — � __ w SITE--W- y -m , ® I o L- - �� ( EP.PARD STS �,; ',%1�%l I J? .far L TL �. KE T J v ' ra lI jr HIGHLAND STLT L-7 qt . ✓ s 1 \'- S� 1... � Y'Y�'Al i i r � � . � i �I � 4 :: I . � -'+ ' � i Y ?�'. PARK V IEW BLV D Iwo w. w - oBROADWAY BLVD Item: Street Vacation - Nevada, Utah, Wyoming, e11. VicinityApplicant:Shriners Hospital WE Map File #: VAC 2016-009 IL _ S X` /meq,` / .• "`0 .I '�°.�_ �•� ` .rte -." .F iau..,� i 1 * 10' X 390'' 10' X 360' 10' X 390 ; 10' X 107' -- ws G) 80'X 300' 7z - t, . G C.. _ 7 SITEL > a G� y w 7� --- 7Z / 0 10' X 300' v�0,0 SH EP F RESOLUTION NO. A RESOLUTION SETTING 7:00 PM, TUESDAY, AUGUST 15, 2016 AS THE TIME AND DATE TO CONDUCT A PUBLIC HEARING TO CONSIDER VACATING PORTIONS OF NEVADA AVENUE, WYOMING AVENUE, UTAH AVENUE AND SUPERIOR 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 right-of-way; and WHEREAS, the street petitioned for vacation are located within the Oregon Avenue Circulation Plan boundaries and as such have previously been identified as streets that should be vacated by the City Council; 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 Nevada Avenue north of Superior Street and the east and west 10 feet of Wyoming Avenue adjacent to Blocks 39 and 40 Frey's Addition and the north 10 feet of Superior Street adjacent to Blocks 39 and 40 Frey's Addition together with the west 10 feet of Utah Avenue adjacent to Lots 13 - 24, Block 22 Frey's 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 15, 2016. 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 18th day of July, 2016. Matt Watkins Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 17 of 35 Exhibit Item: Street Vacation -Nevada, Utah, Wyoming, et 1. #1 Applicant: Shriners Hospital W E File #: VAC 2016-009 S SITE 'X 300' o3 \10, X 3901 l 10' X 360' 110' X 390' Ll �i o� 10' X 107' 'D Q L DD mZ 7Z �4 m L Q 0 0 EliQQ� � UL] W W 7Z --10' X 300' S ON %JMMMY10"i CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE # V C z -.o t to --(3,o y DATE SUBMITTED: I, we the undersigned, owners of two -thy 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: APPLICANT: PROPERTY OWNED (IxgaI Description) Print Narne: Fnanldin Cxmit,•. Tax x Parcels, U3-474 i --F74 O N� 11 1-4-� I 1 --k Sign 7 - Sign Name: 114n11 Address: ��:nlRuck�; Puint Ur�c_7 r 31J�u1a+�,F" _ Phone # 61, -'til -,,,s2 Date 6• -g- Print Name: Laurie A. Spieker, Vice President, Segal Sign Name i3 Date(,-;- o { 6 Print Name: 11'illism_ I,�Inreril»tj n .,• ,,. r r„ ,=;omrni.t '.5r1 .'klanatiemeniti Sign Narne� ae - of6 Print Name: Sign Name: Date Print Name: Sign Name: Date Page 19 of 35 GENERAL FUND OPERATING STATEMENT THROUGH JUNE 2016 ADOPTED YTD % OF APPROVED YTD % OF 2015 2015 TOTAL 2016 2016 ANNUAL BUDGET ACTUAL ACTUAL BUDGET ACTUAL BUDGET REVENUE SOURCES TAXES: PROPERTY 7,159,507 3,895,371 SALES 9,090,765 5,482,993 PUBLIC SAFETY 1,300,000 623,824 UTILITY 8,349,000 4,202,962 OTHER 1,046,000 595,742 LICENSES & PERMITS 1,304,500 1,183,295 INTERGOV'T REVENUE 1,566,170 943,800 CHARGES FOR SERVICES 6,224,521 2,783,927 FINES & FORFEITS 806,650 545,012 MISC. REVENUE 437,465 231,861 DEBT AND TRANSFERS IN 8,471,423 69,000 TOTAL REVENUES 45,756,001 20,557,787 BEGINNING FUND BALANCE 6,501,765 9,383,161 TOTAL SOURCES 52,257,766 29,940,948 EXPENDITURES: 6.2% 44.9% CITY COUNCIL 113,543 54,100 MUNICIPAL COURT 1,564,015 733,266 CITY MANAGER 1,291,940 674,595 POLICE 14,271,196 6,516,407 FIRE 6,379,042 3,045,709 ADMIN & COMMUNITY SVCS 8,047,581 3,801,462 COMMUNITY DEVELOPMENT 1,518,261 718,037 ENGINEERING 1,839,064 747,359 LIBRARY 1,261,686 628,305 NON -DEPARTMENTAL 1,408,466 949,981 DEBT AND TRANSFERS OUT 10,430,777 578,618 TOTAL EXPENDITURES 48,125,571 18,447,839 ENDING FUND BALANCE 4,132,195 11,493,109 TOTAL EXPEND & END FUND BAL 52,257,766 29,940,948 54.4% 7,655,000 4,251,527 55.5% 60.3% 11,780,000 5,757,192 48.9% 48.0% 1,365,000 674,939 49.4% 50.3% 8,595,000 4,434,031 51.6% 57.0% 1,138,000 614,659 54.0% 90.7% 1,738,400 1,154,385 66.4% 60.3% 2,122,148 931,511 43.9% 44.7% 6,455,114 2,839,388 44.0% 67.6% 876,600 494,327 56.4% 53.0% 454,840 366,081 80.5% 0.8% 1,153,000 71,502 6.2% 44.9% 43,333,102 21,589,542 49.8% 10,566,361 17,289,115 57.3% 53,899,463 38,878,657 72.1% 47.6% 114,323 53,268 46.6% 46.9% 1,607,000 731,313 45.5% 52.2% 1,447,608 716,394 49.5% 45.7% 14,054,117 6,418,118 45.7% 47.7% 5,602,747 2,834,281 50.6% 47.2% 8,411,191 3,992,987 47.5% 47.3% 1,507,525 726,571 48.2% 40.6% 1,765,221 881,037 49.9% 49.8% 1,305,200 743,862 57.0% 67.4% 2,648,832 1,359,240 51.3% 5.5% 7,752,675 3,163,880 40.8% 38.3% 46,216,439 21,620,951 46.8% UNRESTRICTED CASH AND INVESTMENTS: 8,274,436 EXPECTED PERCENTAGE OF REVENUES AND EXPENDITURE, FOR 6 MONTHS: These statements are intended for Management use only. 7,683,024 17,257,706 53,899,463 38,878,657 10,198,474 50% Page 20 of 35 AGENDA REPORT FOR: City Council July 11, 2016 TO: Dave Zabell, City Manager Regular Meeting: 7/18/16 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Street & Easement Vacation: Street Right -of -Way and Street Easement between Rd 92 and Rd 96 (MF# VAC 2016-007) I. REFERENCE(S): Overview Map Vicinity Map Proposed Ordiannce II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4297, an Ordinance vacating right-of-way and easements associated with the undeveloped portion of Franklin Road between Road 92 and Road 96, and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: All but one property owner along the north side of Richardson Road between Road 92 and Road 96 and three additional property owners (one on Rd 92 and two on Rd 96) signed a petition for the vacation of the undeveloped right-of-way and street reservations and easements through their property. As previously recommended, Council set June 20, 2016 as the as the date to consider the proposed vacation. At the June 20, 2016 meeting this item was continued until the July 18, 2016 meeting. Page 21 of 35 V. DISCUSSION: The properties involved in this vacation request were annexed to the City in 2015. Prior to annexation the property owners were working with Franklin County to have the easements and short section of right -of way vacated. Rather than scheduling a hearing for a vacation on property that was soon to be in the City limits the property owners were told by the County to wait until they were annexed to start the vacation process. Now that the property is in the City the property owners want to move forward with the vacation process. These properties were developed on approved County short plats that contain easements reserved for future streets rather than dedicated public right-of-way. The exception being the two houses on Road 96. They are served by an 18 -foot wide driveway located within a 30 -foot right-of-way. For many years the County approved short plats with reservations and easements for future roads rather than requiring the dedication of right-of-way. These road easements are almost never developed as public streets and are often ignored by the County when building permits are issued. In this case two large shops, two large sheds and a well have been located within the future road easements. Additionally the house at 2611 Road 96 was permitted by the County to be located 12 to 15 feet from the street right- of-way in violation of County's 25 -foot front yard setback requirement. The use of easements and road reservations for the establishment of public right-of- way is cumbersome and problematic for the following reasons: There is no definable process for converting a road reservation to a dedicated public right-of-way. There is no method of funding street improvements in road reservations. Property owners have little incentive to dedicate their portion of road reservations for public right-of-way. Property owners will not support LID'S to construct public streets through their backyards. The road reservations are easy to overlook and as a result structures are built on them with and without permits. Property owners may be reluctant to cooperate in converting the road reservations to public right-of-way when they have used the reservation areas for gardens, play equipment, sheds shops and extra yard space for the last 25 years. Another major issue with the road reservations in question is that fact that conversion of the reservations to a public right-of-way and development of street improvements would create double frontage lots. The seven lots on Richardson Road would have a street along their front yard and rear yard. There really is no public purpose for these lots to have double frontages. The subdivision regulations (PMC 26.16.050) state that double frontage lots should be avoid. There are no utilities in the road reservations and likely never will be. When the water system eventually gets developed in the area Page 22 of 35 looping can be achieved 600 feet to the north of Richardson Road when there is more undeveloped property. The hearing on this matter was continued to the July 18th meeting to allow staff and property owners time to address access issues that may arise from the proposed vacation. The two property owners fronting Road 92 have worked out a mutually beneficial arrangement through a boundary line adjustment that addresses access concerns off Road 92. The boundary line adjustment will allow enough property depth north of 2608 Road 92 (Kilgore) for a road to be extend along the north line of Mr. Kidwell's property thereby allow for the creation of several lots in the future with access to Road 92. A surveyor is currently working on the boundary line adjustment. The second concern involved access for 2611 Road 96 (Simonds) and 9417 Franklin Road (Woodrich). Access to these properties is by way of a 18 -foot wide driveway located within a 30 -foot wide right-of-way running along their southern boundary. The proposal for the two properties off Road 96 is for the right-of-way to be vacated with an access easement being retained for the benefit of the two lots plus a possible third lot on Mr. Kidwell's property to the east. The existing two houses would continue to be served by the existing 18 -foot wide driveway. This would address the problem of the a well being located in the right-of-way and the problem of 2611 Road 96 violating the front yard setback regulations. The petition for the proposed vacation was submitted to the City prior to the adoption of Ordinance 4290 that established new procedures for vacations. Page 23 of 35 WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3' Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING RIGHT-OF-WAY AND EASEMENTS ASSOCIATED WITH THE UNDEVELOPED PORTION OF FRANKLIN ROAD BETWEEN ROAD 92 AND ROAD 96. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way and easements within the City of Pasco; and 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 easements; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the 30 -foot easement for future road across the northern 30 feet of Short Plat 86-05, as depicted in Exhibit "1" be and the same is hereby vacated. Section 2. That the 30 -foot easement for future road and the 8 foot utility easement across the southern 38 feet of Short Plat 93-4, as depicted in Exhibit "1" be and the same is hereby vacated. Section 3. That the 30 -foot easement for future road across the northern 30 feet of Short Plat 97-6 and Lot 1, Short Plat 80-13, as depicted in Exhibit "1" be and the same is hereby vacated. Section 4. That the 30 -foot public right-of-way across the southern 30 feet of Lot 1 and 2, Short Plat 2002-15, as depicted in Exhibit "1" be and the same is hereby vacated subject to an 1 Page 26 of 35 access easement being retained solely for ingress and egress benefiting said Lots 1 and 2 and benefiting the westerly 150 feet of Lot 2, Short Plat 93-4. The access easement retained herein shall extend for a distance of 325 feet easterly of the east right-of-way line of Road 96. Section 5. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 6. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 18th day of July 2016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney 2 Page 27 of 35 Exhibit Item: ROW & Easements Vacation Applicant: James Kilgore #1 File #: VAC 2016-007 N SITE N r) Q O ry M •1 D \- 9 �1 Legend ® Right of Way ® Easement 1,236.5' RICHARDSON RD AGENDA REPORT FOR: City Council July 12, 2016 TO: Dave Zabell, City Manager Regular Meeting: 7/18/16 FROM: Rick White, Director Community & Economic Development SUBJECT: Impact Fee Deferral System I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. , an Ordinance of the City of Pasco, Washington, providing for the deferral of impact fees; amending Section 3.07.100 "Planning Permits"; Enacting Section 3.132.035 'Definitions"; Amending Section 3.132.060 "Time of Payment of Impact Fee:; and Repealing Section 3.133.040 "School Impact Deferral Option", and, further, authorize publication by summary only. III. FISCAL IMPACT: Administrative costs associated with the Deferral System are not yet quantified and are dependent on the frequency of use. IV. HISTORY AND FACTS BRIEF: Impact fees are one-time charges assessed by local governments against a new development project to help pay for new or expanded public facilities that directly address the increased demand created by that development. In Pasco, impact fees are collected for traffic mitigation, parks and public school facilities. Impact fees may only be used for capital facilities that are reasonably related to the new development, will directly benefit the new development, and will also serve the community at large. During the 2015 legislative session, the Washington State Legislature enacted a new law (ESB 5923) that requires counties and cities collecting impact fees to adopt a deferral system for new single-family detached and attached residential construction. Page 29 of 35 This law gave local governments until September 1, 2016 to develop a deferral system that meets statutory requirements. Under ESB 5923, counties and cities must adopt a deferral system for the collection of impact fees that upon developer request, delays payment until the time of- Final £ Final Inspection; Closing of the first sale of the property; or Issuance of an Occupancy Permit. All of the above provisions are subject to a maximum deferral timeframe of 18 months from issuance of a building permit. This item was discussed by Council at the July 11, 2016 workshop meeting. V. DISCUSSION: The proposed ordinance implementing the Impact Fee Deferral System meets statutory requirements, limits the deferral to the first 20 units for an applicant and establishes an administrative fee of $250 for each application. The proposed ordinance requires an applicant to grant a lien in favor of the City for the amount of deferred impact fees and deletes Section 3.133.040 of the Pasco Municipal Code which established a roughly similar provision for school impact fees only in 2012. Page 30 of 35 .@:__I_\.► \@. AN ORDINANCE of the City of Pasco, Washington, providing for the deferral of impact fees amending Section 3.07.100 "Planning Permits"; Enacting Section 3.132.035 "Definitions"; Amending Section 3.132.060 "Time of Payment of Impact Fee"; and Repealing Section 3.133.040 "School Impact Deferral Option" WHEREAS, the Legislature has passed ESB 5923 in 2015 requiring cities and counties to defer collection of residential impact fees; and WHEREAS, the legislation provides for a lien in favor of the City against properties subject to impact fees; and WHEREAS, implementation of the deferral system places increased administrative and recording costs upon the City's General Fund; and WHEREAS, the City wishes to provide a process for the deferred collection of impact fees to be effective under the terms of State statues. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 3.07.100 entitled "Planning Permits" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 3.07. 100 PLANNING PERMITS: A) Plats and Subdivisions: Fee/Charge Reference 1) Title 4 Appeals Actual costs 4.02.100 2) Park Impact Fee, per unit plus 3.25% $450.00 26.20.020 annual increase from 1 / 1 /99 3) Planned Unit Development $700.00 25.62.090 4) Long Plat (Preliminary Plat) $650.00 26.52.010 (26.24.120) a) Additional per lot (not to exceed $30.00 26.52.010 $950.00) 5) Final Plat Inspections and Plan Prevailing 26.52.010 Approval Engineering Rates 6) Short Plat Applications (26.36.040) $300.00 26.52.010 7) Hearing Postponement 1/2 original appl. 25.84.120 fee Ordinance — Deferral of Impact Fees - 1 Page 31 of 35 8) Appeal from Hearing Examiner's $100.00 25.84.150 Decision 9) Rezone (Zone Change) (25.88) $700.00 Title 25 (Apdx A) 10) Appeals from Planning Commission $100.00 25.88.070 Decision 11) Impact Fee Deferral $250.00 3.132.060(2) B) Hearing Examiner: Fee/Charge Reference 1) Hearings and Variance (25.84) $300.00 Title 25 (Apdx A) 2) Appeal Examiner Decision $100.00 25.84.150 3) Copy of Hearing Examiner Review Cost 25.84.110 4) Conditional (Special) Use Permit $300.00 Title 25 (Apdx A) (25.86) C) Development: Fee/Charge Reference 1) Binding Site Plan $200.00 26.52.010 2) Binding Site Plan Revision $200.00 26.52.010 3) Comprehensive Plan Amendment $700.00 Title 25 (Apdx A) 4) Environmental Checklists and $100.00 23.10.040 Determination 5) Appeals of Environmental $200.00 23.10.040 Determination 6) Environmental Impact Statements Cost 23.10.040 Section 2. That a new Section 3.132.035 entitled "Definitions" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: 3.132.035 DEFINITIONS A) "APPLICANT FOR IMPACT FEE DEFERRAL" means an applicant for a building permit that also makes an application for Impact Fee Deferral. It includes an entity that controls the aDDlicant. is controlled by the anDlicant or is under common control with the applicant. Ordinance — Deferral of Impact Fees - 2 Page 32 of 35 B) "TRANSFER" means sale as defined in RCW 82.45.010, forfeiture, foreclosure, trade, gift, receivership, bankruptcy or other change in ownership or interest in real property or improvements. Section 3. That Section 3.132.060 entitled "Time of Payment of Impact Fee" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 3.132.060 TIME OF PAYMENT OF IMPACT FEE. A) All developers shall pay an impact fee in accordance with the provisions of this Chapter, at the time that the applicable development permit is available for issuance. The impact fee, as initially calculated, after issuance of a development permit, may be recalculated at the time of payment if the development is modified or conditioned in such a way as to alter the trip generation rate for the development. No development permit shall be issued until the impact fee is paid, except that developers of residential subdivisions, short plats, or planned unit developments, may defer payment until building permits are issued for the lots within the subdivision, short plat, or planned unit development. A developer may obtain a preliminary determination of the impact fee before application for a development permit, upon providing the Director of Community Development with the information necessary for processing the application. Impact fees may be paid under protest in order to obtain a permit or other approval of development activity. B) DEFERRAL OF IMPACT FEES. For each single family residence for which any impact fee deferral is applied for, an administrative fee set in Chapter 3.07 must simultaneously be paid to the city due to the increased burden placed on city staff for processing, recording and monitoring such deferrals. lj A separate application must be submitted for each single-family residence being constructed. Only the first Pygfjjy fifty (50) gpplications per calendar year by each applicant for impact fee deferral are eligible for the deferral under this chapter. �e-C4ty shall have the au4hoFity at its discFetion, but is not FequiFed, to defeF more than w =VT rem single family residential , nstf ,etio,, building r .., its f ., pheant If the City at any time collects impact fees on behalf of one or more school districts for which the collection of impact fees could be delayed, the City must consult with the district or districts about the additional deferrals. The City must ,give additional weight to recommendations of each applicable school district regarding the number of deferrals. If the City disagrees with the recommendations of one or more school districts, the City must provide the district or districts with a written rationale for its decision. Q The period of deferral expires at the earliest of. Ordinance — Deferral of Impact Fees - 3 Page 33 of 35 a) the time of final inspection by the city b) the time of issuance of a certificate of occupancy by the city; c) the time of closing or the first transfer of the property occurring after the issuance of the applicable building, permit; or d) eighteen months after the building permit is issued by the city, 3) Final Inspection and a certificate of occupancy will not be conducted or issued until payment in full of the impact fees is made. For the first transfer of the property, the impact fees shall be paid at closingif have not been previously paid. Unless an agreement to the contrary is reach between the buyer and the seller, the payment of impact fees due at closing; of a sale must be made from the seller's proceeds. In the absence of an agreement to the contrary, the seller bears strict liability for the payment of the impact fees. 41 The Applicant for Impact Fee Deferral must grant and record in favor of the city an impact fee lien in the amount of the deferred impact fee. The lien must be in a form signed, dated and approved by the city attorney, and signed by all owners of the propelly and persons or entities holding any interest in the property, with all signatures acknowledged as required for a deed, and recorded among the appropriate land records of Franklin County. Proof of such recording shall be submitted to the city before a building permit may be issued. The lien must specify that it is binding on all successors in title after the recordation. The lien mayspecify that it is subordinate to one mortgage for the purpose of construction upon the same real property granted by the Applicant for Impact Fee Deferral. A mortgage, deed of trust or other financing mechanism shall be limited to the property upon which construction of one single family residence will occur. A lien not paid when due shall bear interest at the statutory rate. A lien shall become due at the expiration of the deferral date. 51 If impact fees are not paid in accordance with this Section, the city may institute foreclosure proceedings in accordance with RCW Chapter 61.12. If the City of Pasco does not institute foreclosure proceedings for unpaid school impact fees within forty-five (45) dqys after receiving notice from a school district requesting that it do so, the district may institute foreclosure proceedings with respect to the unpaid school impact fees. After full payment of impact fees, and upon written request of the person paving said fees containing the name and address of the requester together with a copy of a proposed lien release form, the city, upon approval by the City Attorney, shall sign a lien release and deliver it to the person paying said fee either in person or by first class mail. The property owner at the time of the release, at his or her expense, is responsible for recording the lien release. Ordinance — Deferral of Impact Fees - 4 Page 34 of 35 Section 4. That Section 3.133.040 entitled "School Impact Fee Deferral Option" of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Section 5. This Ordinance shall be in full force and effect on September 1, 2016. PASSED by the City Council of the City of Pasco, at its regular meeting of .2016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney Ordinance — Deferral of Impact Fees - 5 Page 35 of 35