Loading...
HomeMy WebLinkAbout2017.06.05 Council Meeting PacketRegular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. June 5, 2017 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 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. 5 - 8 (a) Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated May 15, 2017 9 - 10 (b) Bills and Communications To approve claims in the total amount of $5,001,148.41 ($2,495,935.79 in Check Nos. 216099-216485; $1,086,513.26 in Electronic Transfer Nos. 815395-815567, 815570-815575, 815577-815587, 815589, 815591-815957; $99,761.05 in Check Nos. 50419-50506; $1,316,938.31 in Electronic Transfer Nos. 30107279-30108287; $2,000.00 in Electronic Transfer No. 365). 11 - 25 (c) Metro Drug Task Force Interlocal Agreement To approve the "Metro Interlocal Agreement" Local Narcotics Control Program and Metropolitan Controlled Substance Enforcement Group Interlocal Agreement and, further, authorize the Mayor to execute the Agreement. 26 - 33 (d) Summer School Services Interagency Agreement To approve the Interagency Agreement with Pasco School District to provide School Resource Officers for the Summer School Programs at Pasco and Chiawana High Schools, June 19 - July 7, 2017 and, further, authorize the Mayor to execute the Agreement. Page 1 of 137 Regular Meeting June 5, 2017 34 - 35 (e) * Appointment to Code Enforcement Board To appoint Dwayne Speer to Position No. 3 (with the expiration date of 1/1/18) to the Code Enforcement Board. 36 - 37 (f) * Parks & Recreation Advisory Board Appointments To reappoint Nolvia Salinas to Position No. 1, Thomas Davenport to Position No. 2, and Roberto Garcia to Position No. 9 on the Parks & Recreation Advisory Board (term expiration date 2/2/20). 38 - 41 (g) Interlocal Procurement Agreement To approve Resolution No. 3771, authorizing the City Manager to execute an Interlocal Procurement Agreement with the City of Seattle, Washington. 42 - 45 (h) * Final Acceptance: 2016 Sewer Line Repairs To approve Resolution No. 3772, accepting work performed by Moreno & Nelson Construction Corp., under contract for the 2016 Sewer Line Repairs project. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 46 - 51 (a) Yard and Business of the Month Awards Mayor Watkins to present Certificates of Appreciation for May 2017 "Yard of the Month" and "Business Appearance of the Month" to: • Mariana Avila, 815 S. 12th Avenue • Francisco Valencia, 1808 W. Irving Street • Shelley & Ray Ransier, 6620 Silver Crest Court • Darrell & Sherrie Northrup, 3616 Road 96 • Our Lady of Lourdes Health, 520 N. 4th Avenue (b) American Veterans Traveling Tribute - Vietnam Memorial Wall Presentation Presented by Dan Dotta, Interim Director, Administrative & Community Services 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 Page 2 of 137 Regular Meeting June 5, 2017 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: 52 - 77 (a) Q* Preliminary Plat: Ferrara Place (MF# PP 2017-003) MOTION: I move to approve Resolution No. 3773, approving the Preliminary Plat for Ferrera Place. 78 - 99 (b) Q* Special Permit: Location of a Mini-Storage Facility (MF #SP 2017- 006) MOTION: I move to approve Resolution No. 3774, approving a special permit for the location of a Mini-Storage Facility in a C-1 Zoning District in the 6600 block of Chapel Hill Boulevard, as recommended by the Planning Commission. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 100 - 103 (a) Professional Services Agreement with Murraysmith for the Facility Plan for the Wastewater Treatment Plant MOTION: I move to approve the Professional Services Agreement with Murraysmith for design services for the Wastewater Treatment Plant Facility Plan and, further, authorize the City Manager to execute the agreement. 104 - 133 (b) Q* Preliminary Plat: Chiawana Place (MF# PP 2017-005) MOTION: I move to remand the Preliminary Plat for Chiawana Place back to the Planning Commission for further review related to access to and from Argent Road. 134 - 137 (c) * Bid Award - WWTP Immediate Needs Mechanical Package (RC) MOTION: I move to award the WWTP Immediate Needs Mechanical Page 3 of 137 Regular Meeting June 5, 2017 Project to Industrial Constructors, Inc., in the amount of $223,716.00 and, further, authorize the City Manager to execute the contract documents. 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: 1. 1:30 p.m., Monday, June 5, TRIOS – Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 2. 9:00 a.m., Tuesday, June 6, Pasco Red Lion – Washington State School Retirees Association & Benton Franklin School Retirees Association State Convention Welcome Address (MAYOR MATT WATKINS) 3. 12:00 p.m., Wednesday, June 7, 2601 N. Capitol Avenue – Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 4. 7:00 a.m., Thursday, June 8, BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 5. 7:00 p.m., Thursday, June 8 - Ben-Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER CHI FLORES, 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 137 AGENDA REPORT FOR: City Council May 24, 2017 TO: Dave Zabell, City Manager Regular Meeting: 6/5/17 FROM: Daniela Erickson, City Clerk Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 05.15.17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Meeting dated May 15, 2017 III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 137 REGULAR MEETING MINUTES PASCO CITY COUNCIL MAY 15, 2017 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Chi Flores, Rebecca Francik, Robert Hoffmann, 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, Interim Public Works Director; Rick White, Community & Economic Development Director; Bob Metzger, Police Chief; Bob Gear, Fire Chief and Dan Dott a, Acting Administrative & Community Services Director. 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 May 1, 2017 and the Special Meeting dated May 8, 2017 Bills and Communications To approve claims in the total amount of $2,629,856.96 ($1,551,646.53 in Check Nos. 215858-216098; $1,078,210.43 in Electronic Transfer Nos. 815384, 815385-815387, 815389-815394, 815568-815569); $46,520.57 in Check Nos. 50373-50418; $662,284.28 in Electronic Transfer Nos. 30106771- 30107278; $891.58 in Electronic Transfer No. 359-361. 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 $170,662.03 and, of that amount, authorize $108,623.26 be turned over for collection. Interagency Agreement for Fire Suppression To approve the Interagency Agreement No. IAA 93-095394 with Washington Department of Natural Resources and, further, authorize the City Manager to execute the Agreement. Physio Control LifePak Defibrillators To approve Resolution No. 3770, waiving the competitive bidding requirements and approving the purchase of defibrillators from Physio Control. MOTION: Ms. Francik moved to approve the Consent Agreement as read. Mr. Yenney seconded. Motion carried by the following Roll Call vote: Yes - Yenney, Flores, Francik, Hoffmann, Martinez, Watkins. No - Larsen. Page 1 of 3 Page 6 of 137 REGULAR MEETING MINUTES PASCO CITY COUNCIL MAY 15, 2017 PROCLAMATIONS AND ACKNOWLEDGEMENTS: Presentation of Proclamation for "Older Americans Month" Mayor Watkins presented a Proclamation to Frances Beltran, SE Washington Aging and Long Term Care Advisory Council Member, proclaiming May 2017 as "Older Americans Month." Presentation of Proclamation for "Public Works Week" Mayor Watkins presented a Proclamation to Troy Phillips, Senior Program Manager and Albert Obermiller, Maintenance Worker/Mechanic, proclaiming May 21-27, 2017 as "Public Works Week." Presentation of Proclamation for "National Police Week" and "Peace Officer's Memorial Day" Mayor Watkins presented a Proclamation to Bob Metzger, Chief of Police, Sgt. Parramore and Officers Brewster and Abastillas, proclaiming May 14-20, 2017 as "National Police Week" and May 15, 2017 as "Peace Officers Memorial Day." VISITORS - OTHER THAN AGENDA ITEMS: Rolando Rodriguez, 7909 W. Dradie St. and Russell Glatt, 5 Sunflower Ct., provided Council with a letter from 14 downtown businesses asking for a meeting to discuss the negative impact of the Union Gospel Mission on their businesses. REPORTS FROM COMMITTEES AND/OR OFFICERS: Council and staff discussed the General Fund Operating Statement. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Trespassing on Public Property Council and staff discussed the details of the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4349, creating PMC Chapter 9.50 "Notice of Trespass for Public Property" and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried 6 -1. No - Larsen. 911 Misuse Ordinance MOTION: Ms. Francik moved to adopt Ordinance No. 4350, amending Section 9.06.100 “Failure to Supervise a Child”; Repealing Section 9.64.080 “Wrongful Use of Telephone”; Repealing Section 9.64.090 “Refusal to Yield Party Line”; Repealing Section 9.64.100 “Request for Party Line on Pretext of Emergency; and Creating Chapter 9.65 “Misuse of 911 Emergency Call System” and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried 6-1. No - Larsen. Page 2 of 3 Page 7 of 137 REGULAR MEETING MINUTES PASCO CITY COUNCIL MAY 15, 2017 NEW BUSINESS: Bid Award - Chemically Enhanced Primary Treatment Containment Pad Project Council and staff discussed the details of the proposed project. MOTION: Ms. Francik moved to award the Chemically Enhanced Primary Treatment Containment Pad project to Industrial Constructors, Inc., in the amount of $66,897.60 and further, authorize the City Manager to execute the contract documents. Mr. Yenney seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Ms. Francik noted this week is candidate filing week. Mr. Zabell updated Council on the following: • Broadmoor Master Plan EIS Open House • New City Clerk • Fire Department statistics and risk reduction programs • Vietnam Memorial Traveling Wall Event taking place on Memorial Weekend • Letter from downtown business owners concerning the Union Gospel Mission Chief Metzger reported on the Police Department's participation in the Special Olympics event held in Richland. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:39 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Daniela Erickson, City Clerk PASSED and APPROVED this 5th day of June, 2017 Page 3 of 3 Page 8 of 137 AGENDA REPORT FOR: City Council May 31, 2017 TO: Dave Zabell, City Manager Regular Meeting: 6/5/17 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 06.05.17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $5,001,148.41 ($2,495,935.79 in Check Nos. 216099-216485; $1,086,513.26 in Electronic Transfer Nos. 815395-815567, 815570- 815575, 815577-815587, 815589, 815591-815957; $99,761.05 in Check Nos. 50419- 50506; $1,316,938.31 in Electronic Transfer Nos. 30107279-30108287; $2,000.00 in Electronic Transfer No. 365). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 9 of 137 June 5, 2017 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 216099-216485 50419-50506 Total Check Amount $2,495,935.79 $99,761.05 Total Checks 2,595,696.84$ Electronic Transfer Numbers 815395-815567 30107279-30108287 365 815570-815575 815577-815587 815589 815591-815957 Total EFT Amount $1,086,513.26 $1,316,938.31 $2,000.00 $0.00 Total EFTs 2,405,451.57$ Grand Total 5,001,148.41$ Councilmember 763,515.32 110,430.44 0.00 0.00 461.46 0.00 0.00 1,209.33 28,646.24 7,278.92 2,965.70 94,355.67 1,439.84 1,793.90 0.00 599.87 0.00 1,043.24 519.50 0.00 0.00 94,202.16 10,754.67 0.00 289,006.90 1,134,891.97 25,851.22 14,079.46 0.00 0.00 180,532.76 8,070.00 8,990.80 2,220,509.04 GRAND TOTAL ALL FUNDS:5,001,148.41$ EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING OLD FIRE OPEB EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY SCHOOL IMPACT FEES STREET OVERLAY 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 Richa Sigdel, Finance Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 5th day of June, 2017 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET The City Council C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved Page 10 of 137 AGENDA REPORT FOR: City Council May 24, 2017 TO: Dave Zabell, City Manager Regular Meeting: 6/5/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Metro Drug Task Force Interlocal Agreement I. REFERENCE(S): Proposed Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the "Metro Interlocal Agreement" Local Narcotics Control Program and Metropolitan Controlled Substance Enforcement Group Interlocal Agreement and, further, authorize the Mayor to execute the Agreement. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The cities of Kennewick, Richland, Pasco and West Richland, along with Benton and Franklin counties, have operated the Metro Drug Task Force through an Interlocal Agreement for nearly 30 years. The proposed Interlocal Agreement continues this enduring partnership by updating language in context of current operations and modifies the formula used to determine the status of equipment acquired for Metro in the event the agreement is subsequently terminated (Section 7). The City of Kennewick will remain as the administrative agency for Metro. V. DISCUSSION: Metro continues to play an integral role in combating controlled substances trafficking within the Tri-Cities community; accordingly, staff recommends approval of the updated Interlocal Agreement as presented. Page 11 of 137 This item was discussed at the May 22 Workshop meeting. Page 12 of 137 METRO INTERLOCAL AGREEMENT Page 1 of 13 Please return recorded document to: Kennewick City Clerk P. O. Box 6108 Kennewick, WA 99336 METRO INTERLOCAL AGREEMENT LOCAL NARCOTICS CONTROL PROGRAM AND METROPOLITAN CONTROLLED SUBSTANCE ENFORCEMENT GROUP INTER-LOCAL AGREEMENT This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39.34 RCW, by and among the following parties: City of Pasco City of Kennewick City of Richland City of West Richland Benton County Franklin County RECITALS 1. Prior to 1987, the Cities of Kennewick, Pasco, Richland, and West Richland, and the Counties of Benton and Franklin, through their law enforcement agencies, maintained a working agreement for the purpose of combating controlled substances trafficking within the Tri-Cities community. This quasi-organized effort was known as the Metropolitan Enforcement Group (“Metro”). 2. The original parties entered into an Interlocal Agreement in 1987 which provided a more formal organization in order to centralize supervision and to qualify for federal funds dispensed by Washington State’s Department of Community Trade and Economic Development (“CTED”). In November of 1990, the Cities of Connell and Prosser desired to also participate in the group, and the original parties desired to include them. In October of 1991 and January of 1994, respectively, the cities of Prosser and Connell decided to no longer participate. In December of 2004 the City of West Richland also decided to no longer participate. 3. The financial officer of Kennewick initially administered a Metro Drug Forfeiture Fund consisting of the proceeds of forfeitures, federal grants and court ordered contributions. In Page 13 of 137 METRO INTERLOCAL AGREEMENT Page 2 of 13 January 1990, the City of Pasco took over administration of the Metro Drug Forfeiture Fund. In January of 2009 the City of Kennewick took over all administrative functions except for financial administration. Effective July 1, 2009, the City of Kennewick took over the financial administrative function and control of the Metro Drug Forfeiture Fund. 4. On December 30, 2009, the Cities of Kennewick, Richland and Pasco and the Counties of Benton and Franklin entered into a revised Metro Interlocal Agreement reflecting this transfer of administrative duties to the City of Kennewick. 5. In January 2010 the City of West Richland notified the member agencies of Metro of its desire to rejoin Metro. 6. Also in January 2010 an Agreement was signed between the United States Department of Justice, Drug Enforcement Administration/Yakima Resident Office (hereinafter referred to as “DEA), and Metro. DEA agreed to assign two (2) Special Agents from the Tri-Cities POD to assist/ support and work in conjunction with Metro. DEA would also, subject to any availability of annually appropriated funds or any continuing resolution there, provide necessary funds and equipment to support activities of the Special Agents. This support will include: Payment for office space, investigative equipment, training and other support items. 7. In 2013 the Cities of Kennewick, Pasco, Richland, and West Richland, and the Counties of Benton and Franklin, through their law enforcement agencies, signed a Provisional State and Local Task Force Agreement. This agreement provided that the Metro detectives would be federally deputized as DEA Task Force Officers (“TFO’s”) pursuant to 21 U.S.C. Section 878. These TFO positions would be “unfunded” positions. 8. The federal government has appropriated monies to the State of Washington to fund a coordinated state-wide narcotics control program. These funds were administered by DCD until the spring of 1993, at which time DCD became the State of Washington Department of Community, Trade, and Economic Development (“CTED”). The Department of Commerce or a successor state agency will continue to administer these funds. 9. Based upon established criteria, the parties are eligible to apply for a grant to assist them in their efforts to combat controlled substances trafficking. Department of Commerce desires to enter into a contract with one participating jurisdiction, to be named in the grant application as the applicant jurisdiction, and which shall have the duty of administering the grant on behalf of the participating jurisdictions. 10. The parties desire to enter into an Agreement to enable the applicant jurisdiction to receive the grant, to administer the grant, and to be responsible for compliance with its terms on behalf of the participating jurisdictions. Page 14 of 137 METRO INTERLOCAL AGREEMENT Page 3 of 13 11. The City of Kennewick has consented to act as the applicant jurisdiction with regard to future applications to Department of Commerce and any funds supplied by a Department of Commerce grant. 12. Chapter 39.34 RCW provides that local jurisdictions may enter into cooperative agreements in order to best serve the needs of their local communities. Now, therefore, the parties hereto, through their governing bodies, do hereby agree as follows: SECTION 1 – DEFINITIONS a. “Application” means an application submitted to Department of Commerce for a controlled substance law task force grant. b. “Agency” and “Agencies” shall mean the member agencies of Metro, that being the Police Departments of the Cities of Kennewick, Pasco, Richland, West Richland, and the Sheriff’s Departments of Benton and Franklin Counties. c. “Department of Commerce” means the Washington State Department of Commerce. d. “DEA” means Drug Enforcement Administration from within the United States Department of Justice. e. “Executive Board” means the oversight committee consisting of one City Manager from each of the cities of Pasco, Kennewick, Richland and the Mayor of West Richland, or the designee from among the members of each City Council and one County Commissioner from each of the Counties of Benton and Franklin, or their designee from among non- judicial elected officials of their County or a county administrator working for the County Commissioners. The Chairperson of the Governing Board or his/her designee from among its members and the Support Service Executive Director of the City of Kennewick shall be non-voting members of the Executive Board. The Executive Board shall be the Chief administrative officer for the purpose of budget transfers within each fund. f. “Governing Board” shall mean the law enforcement policy body for Metro and will consist of the Chiefs of Police of Kennewick, Pasco, Richland, West Richland and the Sheriffs and Prosecuting Attorneys of Benton and Franklin Counties. It shall recommend the budget for the grants funds and their disbursement and be responsible for preparing applications for any additional grants or renewal of the CTED grant. The Support Services Executive Director of the City of Kennewick shall be a non-voting member of the Governing Board for the purposes of advisement on financial and fund administrative matters. Prosecuting Attorneys shall refrain from voting on purely investigative issues. The Kennewick Police Chief shall serve as chairperson. g. “Jurisdictions” mean the cities of Kennewick, Pasco, Richland, West Richland, the counties of Benton and Franklin. Page 15 of 137 METRO INTERLOCAL AGREEMENT Page 4 of 13 h. “Local Narcotics Control Program Fund” (LNCPF”) means the fund to be administered by the City of Kennewick for purposes of grant administration and the receipt and disbursement of grant funds. i. “Metro” means the Metropolitan Controlled Substance Enforcement Group which is a multi-jurisdictional investigative group consisting of the law enforcement officers and the support personnel of the ember jurisdictions. j. “Metro Drug Forfeiture Fund” means the existing Metro fund of that name, which was transferred to and administered by the City of Kennewick effective July 1, 2009. This fund may receive the proceeds of forfeiture, federal grants, and the court ordered or other contributions for the purpose of enforcement of the controlled substance laws of the State of Washington. k. “Metro Operations” means any controlled substance law enforcement activity in which an officer assigned to Metro takes an active part, either as part of a surveillance team, raid team, or an arresting officer. Metro operations may also include controlled substance law enforcement activity in which Metro’s sole participation was to supply intelligence information to the arresting agency. The Governing Board, in accordance with the provisions of Section 8.h, shall determine whether the providing of information in any given case has been substantial enough to constitute making that activity a Metro operation. l. “Paid Vouchers” means all purchase orders, invoices, payroll, records, etc., to back up expenditures by participating jurisdictions. SECTION 2 – PURPOSE The purpose of this Agreement is to establish an organized effort to combat violations of controlled substance laws within the contracting jurisdictions and to take advantage of Department of Commerce and any other available grants. SECTION 3 – GENERAL DUTIES OF THE PARTIES The parties have or shall: a. Authorize their respective representative to execute any and all necessary documents to obtain grant funds available pursuant to State and Federal Law for the purpose of establishing a regional, multi-jurisdictional Task Force; b. Authorize their officials and employees to participate in the activities of Metro according to this Agreement, the work plan established in the application, and as determined by the appropriate administrative body; Page 16 of 137 METRO INTERLOCAL AGREEMENT Page 5 of 13 c. Authorize their law enforcement officials to enter into operating agreements, such as the one in existence pursuant to 10.93 RCW to enable these agencies to participate in Metro. SECTION 4 – DURATION/WITHDRAWAL/TERMINATION a. This Agreement shall commence immediately upon its execution by all of the parties and filing with the auditors for Benton and Franklin counties and shall continue until terminated by the jurisdictions. To comply with the requirements of the Department of Justice, the Governing Board will annually vote to reaffirm the terms and conditions of this Interlocal Agreement. b. The grant from Department of Commerce is made for one year at a time, beginning October 1st of each year. Any party may withdraw from Metro effective the beginning of the next grant year by giving written notice by July 1st of that year to the parties subject to this Agreement. A party that withdraws from Metro before termination of Metro as defined in Section 4.c shall forfeit 100% of their share of the Metro Forfeiture Fund equity and assets. c. Termination of this Agreement shall only occur upon written mutual agreement of all the parties that are at the time of termination participants in Metro and subject to this Agreement. The written agreement for termination shall be executed by April 1st of any given year to be effective on July 1st of that year. SECTION 5 – TASK FORCE a. Each party has committed to providing, as long as their respective budgets allow, the following personnel with their assigned equipment to Metro: City of Kennewick - 2 Investigators City of Pasco - 1 Investigator City of Richland - 1 Investigator City of West Richland - 1 Investigator Benton County - 2 Investigators/ 1 Prosecutor Franklin County - 1 Investigator/ 1 Prosecutor Each party has the option of amending the number of personnel assigned to Metro. Notice of any change in the number of personnel committed to Metro shall be given to the Executive Board by January 1st of that year to take effect by January 31st of that same year. b. The City of Kennewick shall supply a supervisory person of the grade of Commander/Captain or above to act as a part-time administrator. That person shall serve approximately one-fourth of his/her time administering Metro. The City of Kennewick shall be reimbursed by Metro for one fourth of the administrator’s salary and benefits. The administrator may be delegated such administrative duties as the Governing Board shall see fit. Page 17 of 137 METRO INTERLOCAL AGREEMENT Page 6 of 13 Selection and retention of the administrator shall be done by the Kennewick Police Chief. If the majority of the Governing Board does not support selection or retention of the administrator, the City of Kennewick may either name a different administrator or choose to withdraw as the administering agency. One of the two investigators assigned from the City of Kennewick shall be a Sergeant. That Sergeant will perform supervisory duties in Metro. The City of Kennewick shall be reimbursed by Metro for the difference between the salary and benefits of a Sergeant and the salary of the other investigator assigned by the City of Kennewick to Metro. c. The offices of the Prosecuting Attorney for Benton and Franklin Counties may each assign lawyers from their respective staffs for the purpose of handling cases generated by the Task Force and this assignment may be contingent upon funding. Secretarial staff may be assigned or employed by one or more of the parties in the support of the investigation and prosecution of cases arising as a result of Task Force operations and this may be contingent upon funding. d. The Executive Board, by majority vote may, in the event that any party to this Agreement fails at any time during the term of this Agreement to provide or maintain the commitment of personnel to Metro as set forth above, impose the following penalties on the party in breach of this Agreement. (1) The forfeiture of all (100%) of the party’s share of forfeiture fund (see section 8.) equity and assets; and (2) The immediate payment upon determination of amount to the Metro Drug Forfeiture Fund of an amount equal to any loss of federal and/or state grant funds for the operating year arising from or caused by the party’s failure to provide or maintain their commitment of personnel to Metro. SECTION 6 – ADMINISTRATION a. The City of Kennewick shall be the applicant jurisdiction for Department of Commerce grants. It shall provide the necessary documentation to receive grant funds and ensure that the provisions of the application are met. Kennewick shall maintain budgetary control of grant funds and maintain records as required by applicable laws and regulations. Participating jurisdictions shall incur, and pay individually, those expenses accruing to activities or employees of their jurisdictions. Paid vouchers for reimbursable expenses are to be transmitted to the Support Services Executive Director of the City of Kennewick immediately after payment. The City of Kennewick shall request funds for grant reimbursement on a monthly basis and distribute grant proceeds accordingly upon receipt of said funds. The City of Kennewick shall set up and administer the LNCPF for the purposes of accounting for grant fund receipts and disbursements and to prevent the commingling of grant funds and drug forfeiture and other funds recovered pursuant to this Page 18 of 137 METRO INTERLOCAL AGREEMENT Page 7 of 13 Agreement with any other funds. The LNCPF shall be subject to the same audit and fiscal controls as the public treasury of the City of Kennewick. b. The City of Kennewick assumes the responsibilities of the applicant jurisdiction on behalf of, and for the benefit of, all the jurisdictions that are parties to this Agreement. All the jurisdictions shall share, on a pro-rata basis as set forth in Section 7.b, any loss other than a loss covered by Section 10 of the Agreement suffered by any jurisdiction arising solely and directly as the result of the City of Kennewick’s role as the applicant jurisdiction. In the event that there is any recapture of grant funds by the Department of Commerce pursuant to the provisions of the City of Kennewick contract with it, the jurisdictions shall share responsibility on the pro-rata basis as set forth in Section 7.b of this Agreement. However, in the event that there is a recapture of grant funds originally disbursed due to an identifiable discretionary expenditure of any jurisdiction or agency, that jurisdiction or agency shall bear the sole responsibility for payment and indemnify the City of Kennewick for any loss of funds it may suffer due to any such recapture. If any loss of funds, other than a loss covered by Section 10 of the Agreement, is covered by a fidelity bond or other insurance, covering one of the jurisdictions employees, that jurisdiction shall be responsible for said loss to the extent of the coverage provided by said bond or insurance and any remaining loss shall be shared as set forth above. c. The City of Kennewick shall administer the Metro Drug Forfeiture Fund, and it shall be subject to the same audit and fiscal controls as the public treasury of the City of Kennewick. d. The Executive Board shall be responsible for the budget and all other administrative duties of the LNCPF and of Metro. The Executive Board may delegate any or all of these duties to the Governing Board. The Executive Board shall be responsible for submitting both the LNCPF budget and the Metro Drug Forfeiture Fund budget to the City Council of the City of Kennewick for approval as provided by law. The Executive Board shall elect a chairperson and vice-chairperson, meet at least twice a year, and adopt such procedural rules to govern its meetings as it deems necessary. e. The Governing Board shall meet at least quarterly, adopt such procedural rules to govern its meetings as it deems necessary, and provide policy recommendations to the Executive Committee regarding the LNCPF, Metro Drug Forfeiture Fund, Metro, and related Task Force expenditures and operations, and may delegate any administrative duties delegated to it. f. Nothing in this Agreement shall be construed as authorizing any party or official of said party to direct the Prosecuting Attorney or any Deputy Prosecuting Attorney in the performance of his or her duties. g. To comply with Metro’s obligation to respond to Public Records Requests, and to minimize legal risk to each participating jurisdiction, the parties agree that all original Page 19 of 137 METRO INTERLOCAL AGREEMENT Page 8 of 13 police reports, correspondence, e-mail communications, or other “records” related to Metro operations and investigations shall be provided to Kennewick and will be maintained by Kennewick as the administrative agency. The parties agree that to the extent a participating jurisdiction concludes it needs a copy, it may maintain a copy. When a Public Records Request is received by Metro, administrative staff for Metro will complete a search for responsive records and respond to the request. To the extent legal review is needed to respond to a request the City Attorney for Kennewick will provide the review. SECTION 7 – ACQUISITION AND USE OF EQUIPMENT a. In the event that any equipment is acquired with grant funds received from Department of Commerce, the parties agree to use the equipment only for specified program purposes during the life of the grant. All equipment purchased by Kennewick on behalf of Metro using grant funds shall be owned by the applicant jurisdiction, the City of Kennewick. After the grant period ends, the parties agree to use the equipment only for controlled substance enforcement purposes and to dispose of said property as set forth in Section 7.b unless federal and state requirements provide for a different disposition. b. Upon termination of this Agreement, all equipment contributed by the jurisdictions shall be returned to the contributing agency. All property and equipment purchased with monies from the LNCPF or with monies from the Metro Drug Forfeiture Fund shall be distributed so as not to violate Section 7.a above, and on a pro-rata basis as set forth below, and this property shall be used by the receiving party only for controlled substance enforcement purposes unless federal and state requirements provide for a different disposition. The Governing Board shall see to it that a separate inventory for property and equipment purchased from each fund shall be kept and, if money from the LNCPF is used to reimburse any other fund for any property and equipment purchased, the property or equipment shall be transferred to the LNCPF inventory. This inventory shall go back to at least January, 1988, and continue for the duration of this Agreement. Upon termination of this Agreement, the items purchased with monies from the LNCPF fund or with monies from the Metro Drug Forfeiture Fund shall be distributed to each participating jurisdiction under a formula that divides the cumulative number of investigators or prosecutors assigned to Metro by each jurisdiction starting with the fiscal year ended June 30, 2012, and continuing through the most recently completed fiscal year by the cumulative total of investigators or prosecutors assigned to Metro by all participating jurisdictions during this same period. Jurisdictions shall only receive credit in the calculation for those investigators that remain assigned to Metro for the entirety of a fiscal year. At such time that a jurisdiction removes all of the investigators that it had previously assigned to Metro, it shall also forfeit its right to any future distribution of accumulated assets under this section and be removed from the calculation. As of September 30, the result of the formula outlined in this section was as follows Fiscal Year Ended September 30 Agency 2012 2013 2014 2015 2016 Total % Page 20 of 137 METRO INTERLOCAL AGREEMENT Page 9 of 13 City of Kennewick 2.00 2.00 2.00 2.00 2.00 10.00 21.3% City of Pasco 2.00 2.00 2.00 1.00 0.00 7.00 14.9% City of Richland 1.00 1.00 1.00 1.00 1.00 5.00 10.6% City of West Richland 1.00 1.00 1.00 1.00 1.00 5.00 10.6% Benton County 2.00 2.00 2.00 2.00 2.00 10.00 21.3% Franklin County 2.00 2.00 2.00 2.00 2.00 10.00 21.3% Total Investigators 10.00 10.00 10.00 9.00 8.00 47.00 100% SECTION 8 – FUND ADMINISTRATION AND FORFEITURES a. All property, proceeds from property, and cash forfeited pursuant to RCW 69.50.505 by Metro operations and all other contributions to the Metro Drug Forfeiture Fund shall be managed and disbursed as provided in this Section. On or after July 1, 2009, all forfeited property, all proceeds in the Metro Drug Forfeiture Fund and/or LNCPF fund and all accounting records related to such were transferred from the City of Pasco to the City of Kennewick. b. The City of Kennewick shall administer the Metro Drug Forfeiture Fund and shall make expenditures from the fund only as appropriately directed. All interest attributed to investment of monies in the Metro Drug Forfeiture Fund shall be deposited into the fund. This fund shall be established so that it may accept court ordered contribution or other contributions as well as funds disbursed by the federal government or other agencies involving the enforcement of controlled substance laws. Disbursements from this fund shall be for controlled substance enforcement purposes. c. To the extent that RCW 69.50.505 requires that the forfeiture funds be deposited in the current expense fund of the jurisdiction in which the forfeiture takes place, that requirement shall be met by depositing said funds in the Metro Drug Forfeiture Fund. Forfeitures shall be in accordance with RCW 69.50.505 or other applicable law and all funds which may be retained by the local jurisdiction as a result of said forfeiture shall be deposited into the Metro Drug Forfeiture Fund. d. All property forfeited pursuant to Metro operations shall be immediately delivered to Metro for use in Metro operations, unless use of such property is declined by the Governing Board, in which case the jurisdiction in which the forfeiture took place may use the property in accordance with RCW 69.50.505. The City of Kennewick shall see to it that a property inventory is kept of all the property seized, whether or not it has yet been forfeited, and of its sale or other disposition. e. The Governing Board may authorize the transfer of forfeited property of any law enforcement agency in this state upon application for the exclusive use of enforcing the provisions of Chapter 69.50.505 RCW as now or hereafter amended. Page 21 of 137 METRO INTERLOCAL AGREEMENT Page 10 of 13 f. Firearms confiscated as a result of Metro operations will be placed into Metro evidence and the disposal of the firearms will occur after adjudication of the case in court and at the direction of the Governing Board. g. Upon termination, the Executive Director of Support Services of the City of Kennewick, or his or her designee, using established governmental accounting standards shall determine the balance of the LNCPF and the Metro Drug Forfeiture Fund available for distribution as of the termination date. All jurisdictions shall share in the amount available for distribution on a pro-rata basis as set forth in section 7.b. Any balances that become available for distribution within the LNCPF and the Metro Drug Forfeiture Fund after the date of termination, including but not limited to, the net proceeds derived from any property that was seized or forfeited prior to the termination date, shall be distributed in the same manner, Funds distributed may be used for the expansion of controlled substance enforcement purposes and may not supplant pre-existing funding services unless otherwise authorized by applicable law. h. In order to ensure compliance with the Agreement, the parties agree that all forfeitures made pursuant to RCW 69.50.505 by each party shall be disclosed to the Governing Board. The Governing Board shall review each case to determine if the action was a Metro operation. The decision of the Governing Board shall be binding upon all parties. However, Metro operations shall expressly not include drug arrests and forfeitures which are incidental to an unrelated activity, e.g., a routine traffic stop, arrests and forfeitures from operations which were made after consultation with and agreement of the Metro supervisor that Metro would not participate; and cases which are not considered a Metro case for prosecution purposes. SECTION 9 – ARBITRATION The parties agree that any dispute arising from this Agreement relating to the distribution of monies and or property or penalty provisions shall be submitted to an arbitrator for a binding decision pursuant to Chapter 7.05 RCW unless the parties agree to another manner of arbitration. If the parties cannot agree on an arbitrator(s), the court shall appoint an arbitrator from a list compiled as follows: each party shall submit a list of three persons not associated with any of the parties who have agreed to act as an arbitrator and each party may strike up to two names from the total list thereby compiled. The court shall select an arbitrator from among the names remaining unless there is none, in which case the court shall select an arbitrator no associated with any of the parties. SECTION 10 – LIABLITIY Each party shall be responsible for the wrongful or negligent actions of its employees while assigned to Metro as their respective liability shall appear under the laws of the State of Washington and/or Federal Law and this Agreement is not intended to diminish or expand such liability. Page 22 of 137 METRO INTERLOCAL AGREEMENT Page 11 of 13 To that end, each party promises to hold harmless and release all the other participating parties from any loss, claim or liability arising from or out of the negligent tortious actions or inactions of its employee, officers and officials. Such liability shall be apportioned among the parties or other at-fault persons or entities in accordance with the laws of the State of Washington. Nothing herein shall be interpreted to: a. Waive any defense arising out of RCW Title 51. b. Limit the ability of a participant to exercise any right, defense, or remedy which a party may have with respect to third parties or the officer(s) whose action or inaction give rise to loss, claim or liability, including, but not limited to, an assertion that the officer(s) was acting beyond the scope of his or her employment. c. Cover or require indemnification or payment of any judgment against any individual or Agency for intentionally wrongful conduct outside the scope of employment of any individual or for judgment for punitive damages against any individual or Agency. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her Agency employer, should that employer elect to make said payment voluntarily. This Agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. SECTION 11 – AMENDMENT This Agreement may be amended from time-to-time as deemed appropriate by the parties, provided that such amendment shall become effective only after it has been adopted in writing by authorized representatives of each of the parties. SECTION 12 – INTEGRATION This Agreement and the application contain all the terms and conditions agreed upon by the parties, except necessary operational agreements between the law enforcement agencies of the respective jurisdictions pursuant to Chapter 10.93 RCW. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. This Agreement shall expressly supersede all prior Agreements among the jurisdictions regarding Metro creation, operation, and administration. Dated this ________ day of _____________, 2017. CITY OF KENNEWICK CITY OF RICHLAND _________________________________ ____________________________________ STEVE C. YOUNG, Mayor ROBERT THOMPSON, Mayor Page 23 of 137 METRO INTERLOCAL AGREEMENT Page 12 of 13 Attest: Attest: _________________________________ ____________________________________ TERRI WRIGHT, City Clerk MARCIA HOPKINS, City Clerk Approved As To Form: Approved As To Form: _________________________________ ____________________________________ LISA BEATON, City Attorney HEATHER KINTZLEY, City Attorney CITY OF PASCO CITY OF WEST RICHLAND _________________________________ ____________________________________ MATT WATKINS, Mayor BRENT GERRY, Mayor Attest: Attest: _________________________________ ____________________________________ SANDY KENWORTHY, Interim City Clerk JULIE RICHARDSON, City Clerk Approved As To Form: Approved As To Form: _________________________________ ____________________________________ LELAND B. KERR, City Attorney BRONSON BROWN, City Attorney BENTON COUNTY FRANKLIN COUNTY _________________________________ ____________________________________ JEROME DELVIN, Commissioner ROBERT E. KOCH, Commissioner _________________________________ ____________________________________ SHON SMALL, Commissioner BRAD PECK, Commissioner _________________________________ ____________________________________ JAMES BEAVER, Commissioner RICK MILLER, Commissioner Attest: Attest: _________________________________ ____________________________________ CAMI MCKENZIE, Clerk to the Board KARIN MILHAM, Clerk to the Board Page 24 of 137 METRO INTERLOCAL AGREEMENT Page 13 of 13 Approved As To Form: Approved As To Form: _________________________________ ____________________________________ ANDREW MILLER SHAWN SANT Benton County Prosecutor Franklin County Prosecutor Page 25 of 137 AGENDA REPORT FOR: City Council May 24, 2017 TO: Dave Zabell, City Manager Regular Meeting: 6/5/17 FROM: Bob Metzger, Police Chief Police Department SUBJECT: Summer School Services Interagency Agreement I. REFERENCE(S): Proposed Interagency Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Interagency Agreement with Pasco School District to provide School Resource Officers for the Summer School Programs at Pasco and Chiawana High Schools, June 19 - July 7, 2017 and, further, authorize the Mayor to execute the Agreement. III. FISCAL IMPACT: Pasco School District Funds - $12,865.56 IV. HISTORY AND FACTS BRIEF: School Resource Officers (SRO) are full-time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. The Pasco School District has requested an extension of the SRO services for the 2017 Summer School at Chiawana and Pasco High School. Normally, SRO services are not provided during summer months; however, as a proactive measure, the School District has requested SRO services for up to eight hours each day of summer school. There are 14 summer school days from June 19 to July 7. SROs are assigned to work normal patrol duties when school is not in session. V. DISCUSSION: The proposed Interagency Agreement is effective June 19 through July 7, 2017 and provides two School Resource Officers for the 2017 Summer School. The School District will reimburse the City for the salary and fringe benefits costs for two officers Page 26 of 137 during 14 days of summer school. Council’s approval of the Agreement is all that is required for the Police Department to proceed. This item was discussed at the May 22 Workshop meeting. Staff recommends Council approval. Page 27 of 137 Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 1 of 6 INTERAGENCY AGREEMENT Between Pasco School District No. 1 And City of Pasco, Washington This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the Pasco School District No. 1, hereafter referred to as the “District” and the City of Pasco, a municipal corporation of the State of Washington, hereafter referred to as the “City.” No special budget or funds are anticipated, nor shall be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on either parties’ website or other electronically retrievable public source. It is the purpose of this agreement to: 1. Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the City of Pasco, Washington. 2. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere. 3. Provide for prevention, intervention, and prompt effective enforcement by the City’s Police Department in situations involving, but not limited to: a. Maintenance of order b. Use, possession, or sale of illegal drugs and alcohol on school premises c. Crimes against persons d. Crimes against property e. Any other situations or activities which require the intervention of law enforcement officers; and 4. Provide for participation by police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. 5. Provide positive and supportive interface between law enforcement representatives and the District’s substance abuse and harassment prevention efforts including, but not Page 28 of 137 Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 2 of 6 limited to Natural Helpers, Student Assistance Teams, Anti-Harassment and Bullying Project and other intervention and prevention efforts by the District. It is therefore mutually agreed that: 1. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a. Assign two full-time uniformed police officers for eight consecutive hours each day from 07:30 AM to 3:30 PM to provide School Resource Officer services at specific schools June 19 – July 7, 2017 (except July 4, 2017) in accordance with the following schedule: i. Chiawana High School: June 19 – July 7, 2017 Monday – Friday ii. Pasco High School: June 19 – July 7, 2017 Monday – Friday One SRO will be assigned to Chiawana High School beginning June 19. The second SRO will be assigned to Pasco High School beginning June 19. Both officers are responsible for responding to incidents at the other schools as needed during the overlap period. Each SRO shall make certain that the Administration at their assigned school is notified when they are required to respond to another school. Generally, the quickest way to get an SRO to respond to an alternate school will be to call the Franklin County Emergency Dispatch Center and request an SRO be sent to the incident at a specific school. Except in incidents where a particular SRO may have prior knowledge or involvement in a specific case or other extenuating factors, the on-duty police supervisor will designate which SRO responds. Office space shall be provided as available at each school for the use of the School Resource Officer. Such office shall be equipped with one office desk and chair, and one locking cabinet. The City shall provide a lockable cabinet capable of securing police department equipment when not in use by the officer. b. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation with the school community and its students; c. Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program; d. Meet as needed during the academic year with the District’s representative (as designated by the District) to evaluate the effectiveness of the program; e. Cooperate with the District’s representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District’s representative all results of such investigations for the purpose of responding to each complaint and cooperate to resolve each complaint. Provided, Page 29 of 137 Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 3 of 6 that it shall be the responsibility of the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. 2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall commence on June 19, 2017 and be completed on July 7, 2017 with July 4th scheduled off, unless terminated sooner as provided herein. The principal shall be responsible for notifying the Chief of the City’s Police Department of the school calendar, schedule of events and activities, and any changes in the same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section 1.a. of the Agreement. 4. Payment. The District shall reimburse the City for its expenses in employing two officers for 224 hours as follows: a. For June 19, 2017 through July 7, 2017, an estimated total of twelve thousand eight hundred and sixty-seven dollars ($12,867). b. Actual amount will be determined by the parties based upon any negotiated wage increase between the City and the police officer’s collective bargaining unit. The current wage rate with benefits is $57.44 per hour. 5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the District. Payment shall be made to the City according to the regular procedures of the District. 6. Funding. If for any reason the District exhausts its budgeted funds for payment to the City for its services described herein or funds from any expected funding source become unavailable, the District shall notify the City and the obligations of the City shall immediately cease and this agreement terminate, unless the district otherwise assumes the obligations for the payment of services rendered by the Police Department. 7. Non-discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap. Page 30 of 137 Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 4 of 6 In the event of non-compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non-complying party shall, however, be given a reasonable time in which to cure this non-compliance. Any dispute may be resolved in accordance with the “Disput es” procedure set forth herein. 8. Records Maintenance. The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect cost expended in the performance of the services described herein. These records shall be subject to inspection, review or audit by the personnel of both parties, other personnel authorized by either party, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and District shall retain all books, records, documents, and other materials relevant to this agreement for five (5) years after expiration. The office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access and the right to examine any of these materials during this five-year period. 9. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer’s law enforcement responsibilities, schedule, assign and direct the officer’s duties under this agreement. The principal is responsible for the investigation of non-criminal incidents that occur at or are related to the school. If the principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be committed, the principal or other designated administrator shall request the law enforcement officer to assume responsibility. The building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer, where appropriate. 10. Indemnification. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party’s employees or agents while performing under this agreement. 11. Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. Page 31 of 137 Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 5 of 6 12. Termination. Except as otherwise provided in this agreement, either party may terminate this agreement by providing sixty (60) days advance written notification to the other party of their intent to terminate the agreement. If this agreement is so terminated, the terminating party shall be liable only for performance, in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. 13. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to carry out the purposes of this agreement. 14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner: The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Bo ard. That person shall act as chairperson, convene the Dispute Board and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in a timely manner. The determination of the Dispute Board shall be final and binding on the District and the City. 15. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at: Pasco School District No.1 Attn.: Executive Director, Operations 1215 West Lewis Street Pasco, WA 99301 And to the City at: Pasco Police Department Attn: Chief of Police 525 North 3rd Avenue Pasco, WA 99301 16. All Writings Contained Herein. This agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. Page 32 of 137 Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 6 of 6 In Witness whereof, the parties have executed this agreement effective this day of 2017. City of Pasco: Pasco School District No. 1: Matt Watkins, Mayor Michelle Whitney, Superintendent Attest: Sandy Kenworthy, Interim City Clerk Sarah Thornton, School District Counsel Approved as to Form: Leland Kerr, City Attorney Page 33 of 137 AGENDA REPORT FOR: City Council May 24, 2017 TO: Dave Zabell, City Manager Regular Meeting: 6/5/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Appointment to Code Enforcement Board I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to appoint Dwayne Speer to Position No. 3 (with the expiration date of 1/1/18) to the Code Enforcement Board. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The Code Enforcement Board is composed of five members; terms are for four years. The Board meets on the first Thursday of every month at 7:00pm in the City Hall Council Chambers. The Code Enforcement Board hears controversies regarding alleged violations of the City code, particularly property maintenance standards. V. DISCUSSION: Following the interview and appointment process for 2017, the Mayor received a resignation from a member of the Board. In review of the applications on file, it was noted that Mr. Dwayne Speer, a long-serving member of the Code Enforcement Board, who had resigned due to possible relocation, was seeking reappointment. Mr. Speer served on the Board from April 2006 through October 2015; interviewing twice for the position he held. Current Members and Term Expiration Dates: Position No. 1 - Thomas Granbois, 01/01/21 Position No. 2 - Daniel Gottschalk, 01/01/21 Position No. 3 - Vacant, 01/01/18 Page 34 of 137 Position No. 4 - James Rawlinson, 01/01/18 Position No. 5 - Mary Gutierrez, 01/01/18 Mayor Watkins requests Council's concurrence in his appointment of Dwayne Speer to the Code Enforcement Board. Page 35 of 137 AGENDA REPORT FOR: City Council May 24, 2017 TO: Dave Zabell, City Manager Regular Meeting: 6/5/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Parks & Recreation Advisory Board Appointments I. REFERENCE(S): Resolution No. 3388 - Appointments to City Boards and Commissions II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to reappoint Nolvia Salinas to Position No. 1, Thomas Davenport to Position No. 2, and Roberto Garcia to Position No. 9 on the Parks & Recreation Advisory Board (term expiration date 2/2/20). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The Parks and Recreation Advisory Board is composed of nine members; terms are three years. The Board meets on the 1st Thursday of every month at 5:30pm. The Parks and Recreation Advisory Board advises the City Council on recreation activities and facilities needed in the community. V. DISCUSSION: As each incumbent is eligible to be reappointed without interview, per Council Resolution No. 3388 (attached), Mayor Watkins requests Council's concurrence in his reappointment of Nolvia Salinas, Thomas Davenport and Roberto Garcia to the Parks and Recreation Advisory Board. Page 36 of 137 RESOLUTION NO. ` A RESOLUTION Providing a Process for Appointments to City Boards and Commissions. WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of municipal services as well as to advise the City Council in making various policy decisions; and WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and WHEREAS, the Mayor and City Council desire to establish an appointment process which is more collaborative yet efficient for both the applicants and City Council alike;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS FOLLOWS: Section 1: Applications for city boards and commissions shall be solicited annually by the City Manager on behalf of the City Council. Section 2: All applications received by the City Manager shall be reviewed by a City Council committee appointed by the Mayor; such committee, to be known as the "Appointment Screening Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The Appointment Screening Committee shall select those applicants it deems best suited for the respective board/commission but not more than three applicants for each vacancy to be filled. The Appointment Screening Committee shall consider the following factors in making their selections for further consideration: a) Geographic representation; b) Gender representation; c) Ethnic representation; d) Familial and financial relationships of board members Section 3: Those applicants selected by the Appointment Screening Committee shall be interviewed by the City Council during a public meeting; provided, however, the Screening Committee may recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent has •-- • - - -•served not more than two consecutive• terms since the last interview. At a City Council meeting following such interview, an interviewed candidate shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting shall be required to confirm the Mayor's appointments. Section 4: Any prior resolutions of the City Council in conflict with the provisions of this resolution shall be superseded by this resolution. PAS D by the City Council ity of Pasco at its regular meeting this 16th day of April, 2012. Matt Watkins, Mayor T T: f APP'S AS TO FORM: Debra Clark,City Clerk Leland B. Kerr, City Attorney Page 37 of 137 AGENDA REPORT FOR: City Council May 24, 2017 TO: Dave Zabell, City Manager Regular Meeting: 6/5/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Interlocal Procurement Agreement I. REFERENCE(S): Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. __________, authorizing the City Manager to execute an Interlocal Procurement Agreement with the City of Seattle, Washington. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Under RCW Chapter 39.34, local government agencies may make purchases using another agency's purchasing contract. This cooperation among agencies saves time and maximizes savings through better pricing and terms. V. DISCUSSION: In February, Council approved $116,649 for the purchase of equipment to upgrade the City's government TV channel broadcast signal to HD. The price was obtained from a lowest-cost vendor identified through a bidding process undertaken by the City of Seattle which staff accessed through a Cooperative Purchasing Agreement. At the time, staff overlooked the need to have Council approve the interlocal agreement with the City of Seattle. The attached resolution approves and ratifies the City Manager's execution of the agreement. Staff recommends approval of the resolution in order to correct the oversight and to continue to allow the City to access best pricing on items which may be procured most efficiently and economically through the interlocal Page 38 of 137 process. This item was discussed at the May 22 Workshop meeting. Page 39 of 137 RESOULTION NO.__________ A RESOLUTION of the City of Pasco, Washington, authorizing the City Manager to execute an Interlocal Procurement Agreement with the City of Seattle, Washington. WHEREAS, the City of Pasco, Washington, and the City of Seattle, Washington, each possess the power to procure goods and services; and WHEREAS, the City of Pasco and the City of Seattle desire to enter into an Interlocal Procurement Agreement to make the most efficient use of their powers; and WHEREAS, the City Council of the City of Pasco has after due consideration, determined that it is in the best interest of the City of Pasco to enter into an Interlocal Procurement Agreement with the City of Seattle; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Pasco approves the terms and conditions of the Interlocal Procurement Agreement between the City of Pasco and the City of Seattle, Washington, as attached hereto and incorporated herein as Exhibit A. Section 2. The action of the City Manager to enter into an interlocal Procurement Agreement with the City of Seattle is hereby authorized and ratified. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this _____ day of __________________, 2017. __________________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ___________________________________ ___________________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 40 of 137 COOPERAT IVE PU RCHASI NG AGREEM E NT In accordance with RCW Chapter 39.34 and to all other applicable laws, The City of Seattle and the City of Pasco, hereby agree to cooperative governmental purcha sing agreement for various supplies, materials, equi pment and ro utine , expert and/or consultant services, using competitively awarded contracts . The following terms and cond itions shall apply: 1. Each agency, in contracting for the pu rchase of supplies, materials, equ ip ment and services, agrees at its d iscret ion, to extend co nt ra cts for s hared use to the extent permitted by law and agreed upon by th ose part ies and vendors. 2 . Each agency is responsible for compliance with any additiona l or varyi ng laws and regulations regarding purchases . 3. Any purchases shall be effected by a purchase order from the purchasing agency and directed to the vend or(s). 4. The originating contracting agency does not accept res pon sib ility or liabi lity for the performance of any vendor used by t he purchasing agency as a result of this agreement. 5. Each agency shall be responsible for the payment of any item(s) purchased through a contract or purchase order that resulted from this A greement. 6 . This Agreement shall remain in force until cancelled in writing by either party. Accepted for the City of Pasco: Accepted for the City of Seattle : Name: Dave Zabell T itle: City Manager Title: Purchasing & Contracting Director Date: 8/11/16 D ate: ~ !l= /;~ Page 41 of 137 AGENDA REPORT FOR: City Council May 9, 2017 TO: Dave Zabell, City Manager Rick Terway, Interim Public Works Director Regular Meeting: 6/5/17 FROM: Dan Ford, City Engineer Public Works SUBJECT: Final Acceptance: 2016 Sewer Line Repairs I. REFERENCE(S): Vicinity Map Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Resolution No. ___________, accepting work performed by Moreno & Nelson Construction Corp., under contract for the 2016 Sewer Line Repairs project. III. FISCAL IMPACT: Sewer Utility Fund - $28,912.69 IV. HISTORY AND FACTS BRIEF: This project was part of the annual program that addresses the highest priority repairs for the sanitary sewer lines as identified by the Operations staff. The project repaired two existing sanitary sewer lines located at West Park Street and Road 36, and Sahara Drive and Baja Drive, respectively. These lines presented large joint offsets as well as pipe damage. The project also provided for the partial replacement of two existing 8-inch gravity sanitary sewer lines, with rehabilitation of existing joints, reconnection of side sewers, surface restoration and appurtenances. The repairs allowed the existing system to operate without leaks or backups and improved the City's capability to clean and inspect these lines, maintaining the integrity of the Cit y's Sewer Collections system. The project was advertised and bid in November 2016 with the lowest bidder being Page 42 of 137 Moreno & Nelson Construction Corp., with a total bid amount of $30,907.56. V. DISCUSSION: The project was successfully completed within the allotted contract time and the work meets project specifications. The final project construction contract totaled $28,912.69, coming in $1,994.97 under the bid amount. Staff recommends Council's acceptance of this work. Page 43 of 137 2016 SEWER LINE REPAIR PROJECT PROJE CT No. M 7-SE-2 R-16-01 VICINITY MAP TS P a g e 4 4 o f 1 3 7 RESOLUTION NO. _______ A RESOLUTION ACCEPTING WORK PERFORMED BY MORENO & NELSON CONSTRUCTION CORP., UNDER CONTRACT FOR THE 2016 SEWER LINE REPAIRS PROJECT. WHEREAS, the work performed by Moreno & Nelson Construction Corp., under contract for the 2016 Sewer Line Repairs 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 Corp., under contract for the 2016 Sewer Line Repairs 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 Director. PASSED by the City Council of the City of Pasco this ______ day of June, 2017. _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________ Daniela Erickson Leland B. Kerr City Clerk City Attorney Page 45 of 137 AGENDA REPORT FOR: City Council May 30, 2017 TO: Dave Zabell, City Manager Regular Meeting: 6/5/17 FROM: Dan Dotta, Interim Director Administrative & Community Services SUBJECT: Yard and Business of the Month Awards I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Watkins to present Certificates of Appreciation for May 2017 "Yard of the Month" and "Business Appearance of the Month" to: • Mariana Avila, 815 S. 12th Avenue • Francisco Valencia, 1808 W. Irving Street • Shelley & Ray Ransier, 6620 Silver Crest Court • Darrell & Sherrie Northrup, 3616 Road 96 • Our Lady of Lourdes Health, 520 N. 4th Avenue III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 46 of 137 Citg01$Cpaeco Ce??categtSzljojareciation The City Council of the City of Pasco is proud to select 815 S 12TH AVENUE Home of MARINA AVILA “YARD OF THE MONTH” We hereby express our gratitude for your contribution toward community enrichment and quality of life by the improvements made to the natural beauty of your surroundings and serving as a good example for others. Given this 5th day of June 2017 r .r’,3 Matt Watkins,Mayor P a g e 4 7 o f 1 3 7 Citg01$Cpaeco Certi?catecj:Szljajareciation The City Council of the City of Pasco is proud to select 1808 W IRVING STREET Home of FRANCISCO VALENCIA “YARD OF THE MONTH” We hereby express our gratitude for your contribution toward community enrichment and quality of life by the improvements made to the natural beauty of your surroundings and serving as a good example for others. P a g e 4 8 o f 1 3 7 Given this 5th day of Iune 2017 Citg05Cpagco Certi?catecfiljojoreciation The City Council of the City of Pasco is proud to select 6620 SILVER CREST COURT Home of SHELLEY8 RAY RANSIER “YARD OF THE MONTH” We hereby express our gratitude for your contribution toward community enrichment and quality of life by the improvements made to the natural beauty of your surroundings and serving as a good example for others. Mutt Watkins,Mayor \ P a g e 4 9 o f 1 3 7 Citg06Cpasco Cert?cateof?zljojareciatio nTheCityCounciloftheCity of Pasco is proud to select 3616 ROAD 96 Home of DARRELL 8’SHERRIE NORTHRUP “YARD OF THE MONTH” We hereby express our gratitude for your contribution toward community enrichment and quality of life by the improvements made to the natural beauty of your surroundings and serving as a good example for others. P a g e 5 0 o f 1 3 7 Citg01$Cpasco Certz?catecf?yyreciation The City Council of the City of Pasco is proud to select 520 N 4TH AVENUE Home of OUR LADY OF LOLIRDES HEALTH ‘BUSINESSOFTHEMONTHAPPEARANCEAWARD’ We hereby express our gratitude for your contribution toward community enrichment and quality of life by the improvements made to the natural beauty of your surroundings and serving as a good example for others. Matt Watkins,Mayor P a g e 5 1 o f 1 3 7 AGENDA REPORT FOR: City Council May 30, 2017 TO: Dave Zabell, City Manager Rick White, Director, Community & Economic Development Regular Meeting: 6/5/17 FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Preliminary Plat: Ferrara Place (MF# PP 2017-003) I. REFERENCE(S): Proposed Resolution Overview Map Vicinity Map Preliminary Plat Report to the Planning Commission Planning Commission Minutes Dated: 4/20/17 & 5/18/17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No.________, approving the Preliminary Plat for Ferrera Place. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On April 20, 2017 the Planning Commission conducted a public hearing to develop a recommendation for the City Council on the preliminary plat for Ferrara Place. The proposed plat is located north of Sandifur Parkway between Road 90 and Road 92. Following the hearing, the Planning Commission determined that with conditions, the preliminary plat should be recommended for approval. The recommended conditions are contained in the attached resolution. No written appeal of the Planning Commission’s recommendation has been received. Page 52 of 137 V. DISCUSSION: This site contains approximately 3 acres that will be divided into 17 lots. The proposed plat is a multi-family plat designed for duplex construction. Lots within the plat will average 5,365 square feet. This plat is designed to provide a buffer area bet ween the single-family homes being built in Majestia Place to the north and the commercial property to the south. Page 53 of 137 RESOLUTION NO.______ A RESOLUTION APPROVING A PRELIMINARY PLAT FOR FERRARA PLACE. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS, owners and developers of property situated in the West half of the Northeast quarter Section 8, Township 9 North, Range 29 East, W.M., have requested approval of a preliminary plat; and, WHEREAS, the Planning Commission held a public hearing on the proposed Ferrara Place plat and developed findings related thereto and said findings are hereby adopted by the City Council; and, WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the preliminary plat for Ferrara Place located in the West half of the Northeast quarter Section 8, Township 9 North, Range 29, East W.M., is hereby approved with the following conditions: 1) All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final Plat(s). 2) No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 3) The developer/builder shall pay the City a “common area maintenance fee” of $375 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of arterial boulevard strips. 4) The final plat(s) shall contain the following Franklin County Public Utility District statement: “The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD’s primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat”. Passed by the City Council of the City of Pasco this 5th day of June, 2017. __________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: _________________________ _____________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 54 of 137 It e m : P r e l i m i n a r y P l a t - F e r r a r a P l a c e - 1 7 L o t s Ap p l i c a n t : R P D e v e l o p m e n t Fi l e # : P P 2 0 1 7 - 0 0 3 Ov e r v i e w Ma p SI T E Page 55 of 137 Ap p l i c a n t : R P D e v e l o p m e n t Fi l e # : P P 2 0 1 7 - 0 0 3 Vi c i n i t y Ma p SI T E It e m : P r e l i m i n a r y P l a t - F e r r a r a P l a c e - 1 7 L o t s Page 56 of 137 T R A C T " A " 3 , 2 7 5 S F 1 5 1 . 1 ' 21.7' L = 3 1 . 4 ' L = 5 3 . 5 ' L = 8 4 . 9 ' 9 5 , 3 9 5 S F 16,365 SF 25,651 SF 35,652 SF 45,652 SF 5 5 , 6 5 3 S F 6 5 , 6 5 4 S F 7 5 , 3 9 4 S F 8 5 , 3 9 5 S F 1 1 6 , 0 7 9 S F 1 0 5 , 1 3 0 S F 108.7' 9 0 . 0 ' 5 4 . 0 ' 5 2 . 0 ' 5 2 . 0 ' 5 2 . 0 ' 5 . 0 ' 5 1 . 9 ' 5 2 . 0 ' 52.0'52.0'52.0'60.0'88.9'L=31.2'38.9'52.0'52.0'52.0' 5 2 . 0 ' 5 2 . 0 ' 5 2 . 0 ' 5 2 . 0 ' 4 2 . 5 ' L = 9 . 5 ' L = 4 5 . 2 ' L = 1 3 . 7 ' L = 7 3 . 7 ' L = 3 1.4'43.3' 108.7'108.7' 108.7' 103.7' 103.7' 103.8' 81.6' 103.3' 43.3' 108.7' 164,760 SF 1 2 4 , 8 0 6 S F 1 3 4 , 7 5 6 S F 144,757 SF 154,758 SF 175,349 SF 91.4' 91.4' 5 3 . 1 ' 5 2 . 0 ' 52.0'52.0'52.0'58.8'71.3'L=31.7'39.7'52.0'52.0'52.0' 5 2 . 0 ' 5 2 . 0 ' 91.5' 91.5'91.5'91.5' 91.4' 91.5' 91.5'91.5'91.5' R 1 2 5 ' R 1 2 5 ' 49048948848748748748848848848949049149249349 4 4 9 5 4 9 6 4874884894904914924934944 9 5 49 6 4 9 7 4 9 8 4 9 6 49 7 498 4 9 8 4 9 8 4 9 6 493 49 4 49 5 4 9 2 498 4 9 7 4 9 8 R 2 0 ' R20' 5 0 . 0 ' 125.0' 7 5 , 3 9 4 S F Ferrara Place A subdivision in the City of Pasco, WA Preliminary plat for: M a r c h 2 8 , 2 0 1 7 D a t e : 0 0 5 8 . 0 0 J F E n g . J o b # 1 A B C D E F G H I K LJ F S H E E T I N D E X P R E L I M I N A R Y P L A T P R E L I M I N A R Y U T I L I T Y P L A N 3254 7 6 9 8 1 1 1 0 1 3 1 2 1 5 1 4 1 6 5220 S. Auburn Pl Kennewick, WA 99337 (509) 551-8174 PHN www.JFEngineering.pro CIVIL ENGINEERING PROJECT MANAGEMENT PLANNING ENGINEERING, PLLC C h e c k e d b y : J E F D r a w n b y : J E F STAT E O F W A S H N G T O N J OH N E R I C F E T T E R O L F D E R E T S I G E R 3 8 3 2 2 RE E N I G N E L A N O I I S S E F O R P C 1 0 0 S c a l e V : N / A S c a l e H : 1 " = 3 0 ' K n o w w h a t ' s b e l o w . b e f o r e y o u d i g . C a l l R LOCATED IN A PORTION OF THE NE ¼ O F S E C 8 , T 9 N , R 2 9 E O F T H E W I L L A M E T T E M E R I D I A N , C I T Y O F P A S C O , W A . Ferrara P l a c e P r e l i m i n a r y P l a t P R O P E R T Y B O U N D A R Y A N D T O P O G R A P H I C S U R V E Y P R O V I D E D B Y H D J , A D I V I S I O N O F P B S , 2 0 1 6 . B A S I S O F B E A R I N G I S : N 8 9 ° 3 9 ' 5 5 " E A L O N G T H N O R T H L I N E O F T H E N O R T H E A S T Q U A R T E R O F S E C T I O N 8 , T . 9 N , R . 2 9 E , W . M . , A S S H O W N O N T H E P L A T O F H E R I T A G E V I L L A G E , P H A S E 5 , F I L E D I N V O L U M E D O F P L A T S A T P A G E 3 6 3 , R E C O R D S O F T H E A U D I T O R O F F R A N K L I N C O U N T Y , W A S H I N G T O N V E R T I C A L D A T U M I S C I T Y O F P A S C O D A T U M , P S I # 2 6 - 1 4 , E L E V : 4 6 1 . 4 4 T A X I D # O F S U B J E C T P A R C E L S : 1 1 5 - 3 9 2 - 0 5 9 ( W E S T ) 1 1 5 - 3 8 2 - 2 0 0 ( E A S T ) C O M P R E H E N S I V E P L A N D E S I G N A T I O N : M I X E D R E S I D E N T I A L L A N D U S E Z O N I N G D E S I G N A T I O N : R - 3 M E D I U M D E N S I T Y R E S I D E N T I A L 5 , 5 0 0 S F M I N . L O T S I Z E C U R R E N T P R O P E R T Y U S E : V A C A N T , U N D E V E L O P E D T O T A L P R O J E C T A R E A : 3 . 0 5 A c P R O P O S E D # L O T S : 1 7 P R O P O S E D # T R A C T S : 1 A V E R A G E L O T S I Z E : 5 , 3 6 5 S F M I N . L O T S I Z E : 4 , 7 5 6 S F ( L O T 1 3 ) L A R G E S T L O T S I Z E : 6 , 3 6 5 S F ( L O T 1 ) R / W A R E A : 2 4 , 0 1 4 S F A N T I C I P A T E D T O B E G I N C O N S T R U C T I O N S U M M E R 2 0 1 7 A N D C O M P L E T E B Y L A T E S U M M E R 2 0 1 7 P R O P E R T Y A N D P L A T S T A T I S T I C S L E G E N D L O T # L O T T O T A L A R E A R E S I D E N T I A L A D J A C E N T U S E R U V E N S T R E E T ROAD 92 ROAD 90 S H O P I E R A E C O U R T S A N D I F U R P K W Y B U R N S R O A D BROADMOOR BLVD N R O A D 6 8 RD 90 RD 92 I - 1 8 2 S I T E S T T H O M A S D R V I C I N I T Y M A P N T S 0 3 0 1 " = 3 0 ' 6 0 1 5 5 C 1 0 0 C 1 0 1 R E S I D E N T I A L R E S I D E N T I A L R E S I D E N T I A L RESIDENTIAL C O M M E R C I A L COMMERCIAL 10' UTILITY EASEMENT10' UTILITY EASEMENT 60' R/W 30' E X T G G R O U N D C O N T O U R EXTG GROUNDCONTOUR ( N E W L O C A L A C C E S S S T R E E T ) ( E X I S T I N G ) 3 / 2 8 / 1 7 Page 57 of 137 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 2017-003 HEARING DATE: 04/20/2017 ACTION DATE: 05/18/2017 APPLICANT: RP Development 6159 W Deschutes Kennewick WA 99336 BACKGROUND REQUEST: Preliminary Plat: Ferrara Place, 17-Lots (Multi-Family) 1. PROPERTY DESCRIPTION: Legal: Lot 21, Coles Estates and Lot B, Majestia Place General Location: Just south of Majestia Lane between Roads 90 and 92 Property Size: 3.04 Acres Number of Lots Proposed: 17 lots for zero-lot-line construction Square Footage Range of Lots: 4,756 ft² to 6,365ft² Average Lot Square Footage: 5,365 ft² 2. ACCESS: The property will have access from Roads 90 and 92 3. UTILITIES: Municipal water and sewer service will need to be extended through the site, water from the east and west, and sewer from the west in Road 92. Irrigation lines will need to be installed through the site and extended the length of the site. 4. LAND USE AND ZONING: The site is zoned R-3 (Medium Residential) Surrounding properties are zoned and developed as follows: NORTH: R-1 – Single-Family Residences EAST: R-1, R-3 – Single Family Residences SOUTH: C-1 – Office Building, Vacant WEST C-1 – Vacant 5. COMPREHENSIVE PLAN: Comprehensive Plan designates the site for either Mixed-Residential or Commercial uses. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. Goal LU-3-E encourages the City to designate areas for higher density residential development where utilities and other facilities enable efficient use of capital resources. Policy H-1-E encourages the advancement of home ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Other goals and policies suggest the City permit a full range of residential environments including multi-family homes (H-2-A) and standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses (H-4-B). According to the Comprehensive Plan, mixed residential development means 5 to 20 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of Page 58 of 137 2 lands designated for mixed residential uses when or where: sewer is available, the location is convenient to major circulation routes, the site serves as a transition between more intense uses and low density uses, and when there is a market demand. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non- Significance or Mitigated Determination of Non-Significance is likely for this application (WAC 197-11-355). ANALYSIS The site was annexed in 1982 as part of the Northwest Annexation area. Upon annexation the property was initially zone RT (Residential Transition) and later zoned to C-1 (Retail Business). In February 2017 the site was rezoned R-3 in anticipation of this Preliminary Plat. The site is near the transition area as indicated in the Comprehensive Plan and can be zoned for either mixed-residential or commercial development. The applicant is proposing to subdivide the site in question into 17 lots to allow the construction of up to 8 duplexes. Each duplex would occupy two lots with the common lot line dividing each unit. This proposal for Ferrara Place is similar to the process used for the development of the Island Estates Row Homes in the Island Estates subdivision (Phase 8), Mediterranean Villas, and Columbia Villas. Each of these subdivisions was zoned for multi-family development and later platted into individual lots. The lots lines within these subdivisions became the common boundary line separating the dwelling units. LOT LAYOUT: The proposed Plat contains 17 lots; with the lots varying in size from 4,756 square feet to 6,365 square feet. The proposal is consistent with the density requirements of the R-3 zoning of the site. RIGHTS-OF-WAY: All lots have frontage on a street which will be dedicated. UTILITIES: Municipal water and sewer lines are located in Roads 90 and 92 at the east and west ends of the proposed plat. The developer will be required to extend an 8 inch water line in the street connecting to and looping Roads 90 and 92, and an 8 inch sewer line connecting in at Road 92. The developer will be responsible for extending utilities into the Plat. A utility easement will be needed along the first 10 feet of street frontage of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction Page 59 of 137 3 purposes are larger than the requested easements; therefore the front yard easements will not diminish the buildable area of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and at a maximum interval of 500 feet and in accordance with the City’s Fire Protection Master Plan. Streetlights are located at street intersections and at 300-foot intervals on residential streets. STREET NAMES: The street will be named prior to final platting. IRRIGATION: The municipal code requires the installation of irrigation lines as a part of the infrastructure improvements. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee in lieu thereof. FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact": Prevent Overcrowding: Density requirements of the R-3 zone are designed to address overcrowding concerns. The Comprehensive Plan suggests the property in question be developed with 5 to 20 dwelling units per acre. The proposed Plat has a density of less than 8 units per acre. No more than 60 percent of each lot is permitted to be covered with structures per the R-3 zoning standards. Parks, Open Space & Schools: City parks are located in Columbia Place (Vintage Park) approximately 2,000 feet (.37 miles) away, and Island Estates (Island Park), approximately 3,537.8 feet (.67 miles) away. The proposed subdivision will be served by Maya Angelou Elementary School, McLoughlin Middle School and Chiawana High School. As well, two more lots north of Burns Road and north of the proposed subdivision have been recently purchased by the Pasco School District in anticipation of further development. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate the impacts of the proposed subdivision on the School District. At the request of the School District the City enacted a school impact fee in 2012. The imposition of this impact fee addresses the requirement to ensure there are adequate provisions for schools. A school impact fee in the amount of $4,525 will be charged for each new duplex unit at the time of building permit issuance. The School District has Page 60 of 137 4 purchased two parcels north of Burns Road north the proposed subdivision for the siting of future schools. Effective Land Use/Orderly Development: The Plat is laid out for multi- family development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 20 dwelling units per acre. The developer is proposing a density of 5.6 units per acre. Safe Travel & Walking Conditions: The Plat is connected to Sandifur Parkway, and Burns Road via Roads 90 and 92. Sidewalks will be installed at the time homes are built on individual lots. These sidewalks will connect with sidewalks to be built on Roads 90 and 92 which feed down to the existing sidewalk on Sandifur Parkway. Adequate Provision of Municipal Services: All lots within the Plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: This Preliminary Plat contains 17 residential building lots, providing an opportunity for the construction of at least 8 duplex units. Adequate Air and Light: The maximum lot coverage limitations and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The streets through and adjoining the Plat will be paved and developed to City standards to assure proper access is maintained to each lot. Connections to the community will be provided by Sandifur Parkway, and Burns Road via Roads 90 and 92. The Preliminary Plat was submitted to the Transit Authority for review. (The discussion under “Safe Travel” above applies to this section also.) Comprehensive Plan Policies & Maps: The site is near the transition area between mixed residential and commercial as indicated in the Comprehensive Plan and can be zoned either mixed-residential or commercial. Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. Other Findings:  The site is within the Pasco Urban Growth Boundary.  The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries.  The site is relatively flat and slopes slightly from the north to the south.  The site is currently vacant. Page 61 of 137 5  The site is not considered a critical area, a mineral resource area or a wetland.  The site is near the transition area between mixed residential and commercial as indicated in the Comprehensive Plan and can be zoned either mixed-residential or commercial.  Mixed residential development is described in the Comprehensive Plan as five to twenty dwelling units per acre.  The site is zoned R-3 (Medium Density Residential).  The site was zoned R-1 when it was annexed in June of 2016.  The site was rezoned R-3 in February of 2017 to provide an area of transition between the more intense C-1 zoning just south of the project and the less intense residential development in the Majestia Place subdivision to the north.  The Housing Element of the Comprehensive Plan encourages the advancement of programs that promote home ownership and development of a variety of residential densities and housing types.  The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic.  The interconnection of neighborhood streets is necessary for utility connections (looping) and the provision of emergency services.  Per the ITE Trip Generation Manual 8th Addition the proposed subdivision, when fully developed, will generate approximately 1,440 vehicle trips per day.  The current traffic impact fee is $709 per dwelling unit. The impact fees are collected at the time permits are issued and said fees are used to make traffic improvements and add traffic signals in the I-182 Corridor when warranted.  The current park impact fee is $1,432 per dwelling unit.  Plat improvements within the City of Pasco are required to comply with the 2015 Standard Drawings and Specification as approved by the City Engineer. These improvements include but are not limited to water, sewer and irrigation lines, streets, street lights and storm water retention. The handicapped accessible pedestrian ramps are completed with the street and curb improvements prior to final plat approval. Sidewalks are installed at the time permits are issued for new houses, except sidewalks along major streets, which are installed with the street improvements. Page 62 of 137 6  All engineering designs for infrastructure and final plat(s) drawings are required to utilize the published City of Pasco Vertical Control Datum.  All storm water generated from a developed plat is required to be disposed of per City and State codes and requirements. Prior to the City of Pasco accepting construction plans for review the developer is required to enter into a Storm Water Maintenance Agreement with the City. The developer is responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement is presented to the City of Pasco at the intake meeting for construction plans.  The developer is responsible for all costs associated with construction inspection and plan review service expenses incurred by the City Engineering Office.  The City has nuisance regulations (PMC 9.60) that require property owners (including developers) to maintain their properties in a manner that does not injure, annoy or endanger the comfort and repose of other property owners. This includes controlling dust, weeds and litter during times of construction for both subdivisions and buildings including houses.  Prior to acceptance of final plats developers are required to prepare and submit record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form must be signed by the developer prior to construction plan approval.  The final plat will contain 10-foot utility easements parallel to all streets. Additional easement will be provided as needed by utility providers. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed Plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed Plat will be required to develop under the standards of the Municipal Code and the standard specifications of the City Engineering division. These standards for streets, sidewalks, and other infrastructure Page 63 of 137 7 improvements were designed to ensure the public health, safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service. The Preliminary Plat was forwarded to the Franklin County PUD, the Pasco School District and Ben-Franklin Transit Authority for review and comment. City parks are located in the subdivisions to the west and southwest of the site. All new developments participate in establishing parks through the payment of park fees at the time of permitting. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed Plat makes efficient use of vacant land and will provide for the looping of utilities and interconnectivity of streets as supported in the Comprehensive Plan. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The site is near the transition area between mixed residential and commercial as indicated in the Comprehensive Plan and can be zoned either mixed- residential or commercial. Mixed residential development is described as 5 to 20 dwelling units per acre in the text of the Comprehensive Plan. The Housing Element of the Plan encourages the promotion of a variety of residential densities and suggests the community should support the advancement of programs encouraging home ownership. The Plan also encourages the interconnection of local streets for inter-neighborhood travel for public safety as well as providing for traffic disbursement. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures (i.e.: school impact fees) are paid. (6) The public use and interest will be served by approval of the proposed subdivision. The proposed Plat, if approved, will be developed in accordance with all City standards designed to insure the health, safety and general welfare of the Page 64 of 137 8 community are met. The Comprehensive Plan will be implemented through development of this Plat. These factors will insure the public use and interest are served. TENTATIVE PLAT APPROVAL CONDITIONS 1. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final Plat(s). 2. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 3. The developer/builder shall pay the City a “common area maintenance fee” of $375 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of arterial boulevard strips. 4. The final plat(s) shall contain the following Franklin County Public Utility District statement: “The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD’s primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat”. RECOMMENDATION MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the May 18, 2017 staff report. MOTION: I move based on the Findings of Fact and Conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat for Ferrara Place, with conditions as listed in the May 18, 2017 staff report. Page 65 of 137 It e m : P r e l i m i n a r y P l a t - F e r r a r a E s t a t e s - 1 7 L o t s Ap p l i c a n t : R P D e v e l o p m e n t Fi l e # : P P 2 0 1 7 - 0 0 3 Ov e r v i e w Ma p SI T E Page 66 of 137 It e m : P r e l i m i n a r y P l a t - F e r r a r a E s t a t e s - 1 7 L o t s Ap p l i c a n t : R P D e v e l o p m e n t Fi l e # : P P 2 0 1 7 - 0 0 3 Vi c i n i t y Ma p SI T E Page 67 of 137 La n d U s e Ma p Co m m . To w n h o m e s SFDUs Comm. 55 + P U D SF D U s Co m m . Va c . Va c a n t It e m : P r e l i m i n a r y P l a t - F e r r a r a E s t a t e s - 1 7 L o t s Ap p l i c a n t : R P D e v e l o p m e n t Fi l e # : P P 2 0 1 7 - 0 0 3 SF D U s Va c a n t Co m m e r c i a l SI T E SI T E Page 68 of 137 R- 3 R-1 R-3 R- 1 C- 1 Z o n i n g Ma p R-1 C- 1 C-1 It e m : P r e l i m i n a r y P l a t - F e r r a r a E s t a t e s - 1 7 L o t s Ap p l i c a n t : R P D e v e l o p m e n t Fi l e # : P P 2 0 1 7 - 0 0 3 SI T E Page 69 of 137 T R A C T " A " 3 , 2 7 5 S F 1 5 1 . 1 ' 21.7' L = 3 1 . 4 ' L = 5 3 . 5 ' L = 8 4 . 9 ' 9 5 , 3 9 5 S F 16,365 SF 25,651 SF 35,652 SF 45,652 SF 5 5 , 6 5 3 S F 6 5 , 6 5 4 S F 7 5 , 3 9 4 S F 8 5 , 3 9 5 S F 1 1 6 , 0 7 9 S F 1 0 5 , 1 3 0 S F 108.7' 9 0 . 0 ' 5 4 . 0 ' 5 2 . 0 ' 5 2 . 0 ' 5 2 . 0 ' 5 . 0 ' 5 1 . 9 ' 5 2 . 0 ' 52.0'52.0'52.0'60.0'88.9'L=31.2'38.9'52.0'52.0'52.0' 5 2 . 0 ' 5 2 . 0 ' 5 2 . 0 ' 5 2 . 0 ' 4 2 . 5 ' L = 9 . 5 ' L = 4 5 . 2 ' L = 1 3 . 7 ' L = 7 3 . 7 ' L = 3 1.4'43.3' 108.7'108.7' 108.7' 103.7' 103.7' 103.8' 81.6' 103.3' 43.3' 108.7' 164,760 SF 1 2 4 , 8 0 6 S F 1 3 4 , 7 5 6 S F 144,757 SF 154,758 SF 175,349 SF 91.4' 91.4' 5 3 . 1 ' 5 2 . 0 ' 52.0'52.0'52.0'58.8'71.3'L=31.7'39.7'52.0'52.0'52.0' 5 2 . 0 ' 5 2 . 0 ' 91.5' 91.5'91.5'91.5' 91.4' 91.5' 91.5'91.5'91.5' R 1 2 5 ' R 1 2 5 ' 49048948848748748748848848848949049149249349 4 4 9 5 4 9 6 4874884894904914924934944 9 5 49 6 4 9 7 4 9 8 4 9 6 49 7 498 4 9 8 4 9 8 4 9 6 493 49 4 49 5 4 9 2 498 4 9 7 4 9 8 R 2 0 ' R20' 5 0 . 0 ' 125.0' 7 5 , 3 9 4 S F Ferrara Place A subdivision in the City of Pasco, WA Preliminary plat for: M a r c h 2 8 , 2 0 1 7 D a t e : 0 0 5 8 . 0 0 J F E n g . J o b # 1 A B C D E F G H I K LJ F S H E E T I N D E X P R E L I M I N A R Y P L A T P R E L I M I N A R Y U T I L I T Y P L A N 3254 7 6 9 8 1 1 1 0 1 3 1 2 1 5 1 4 1 6 5220 S. Auburn Pl Kennewick, WA 99337 (509) 551-8174 PHN www.JFEngineering.pro CIVIL ENGINEERING PROJECT MANAGEMENT PLANNING ENGINEERING, PLLC C h e c k e d b y : J E F D r a w n b y : J E F STAT E O F W A S H N G T O N J OH N E R I C F E T T E R O L F D E R E T S I G E R 3 8 3 2 2 RE E N I G N E L A N O I I S S E F O R P C 1 0 0 S c a l e V : N / A S c a l e H : 1 " = 3 0 ' K n o w w h a t ' s b e l o w . b e f o r e y o u d i g . C a l l R LOCATED IN A PORTION OF THE NE ¼ O F S E C 8 , T 9 N , R 2 9 E O F T H E W I L L A M E T T E M E R I D I A N , C I T Y O F P A S C O , W A . Ferrara P l a c e P r e l i m i n a r y P l a t P R O P E R T Y B O U N D A R Y A N D T O P O G R A P H I C S U R V E Y P R O V I D E D B Y H D J , A D I V I S I O N O F P B S , 2 0 1 6 . B A S I S O F B E A R I N G I S : N 8 9 ° 3 9 ' 5 5 " E A L O N G T H N O R T H L I N E O F T H E N O R T H E A S T Q U A R T E R O F S E C T I O N 8 , T . 9 N , R . 2 9 E , W . M . , A S S H O W N O N T H E P L A T O F H E R I T A G E V I L L A G E , P H A S E 5 , F I L E D I N V O L U M E D O F P L A T S A T P A G E 3 6 3 , R E C O R D S O F T H E A U D I T O R O F F R A N K L I N C O U N T Y , W A S H I N G T O N V E R T I C A L D A T U M I S C I T Y O F P A S C O D A T U M , P S I # 2 6 - 1 4 , E L E V : 4 6 1 . 4 4 T A X I D # O F S U B J E C T P A R C E L S : 1 1 5 - 3 9 2 - 0 5 9 ( W E S T ) 1 1 5 - 3 8 2 - 2 0 0 ( E A S T ) C O M P R E H E N S I V E P L A N D E S I G N A T I O N : M I X E D R E S I D E N T I A L L A N D U S E Z O N I N G D E S I G N A T I O N : R - 3 M E D I U M D E N S I T Y R E S I D E N T I A L 5 , 5 0 0 S F M I N . L O T S I Z E C U R R E N T P R O P E R T Y U S E : V A C A N T , U N D E V E L O P E D T O T A L P R O J E C T A R E A : 3 . 0 5 A c P R O P O S E D # L O T S : 1 7 P R O P O S E D # T R A C T S : 1 A V E R A G E L O T S I Z E : 5 , 3 6 5 S F M I N . L O T S I Z E : 4 , 7 5 6 S F ( L O T 1 3 ) L A R G E S T L O T S I Z E : 6 , 3 6 5 S F ( L O T 1 ) R / W A R E A : 2 4 , 0 1 4 S F A N T I C I P A T E D T O B E G I N C O N S T R U C T I O N S U M M E R 2 0 1 7 A N D C O M P L E T E B Y L A T E S U M M E R 2 0 1 7 P R O P E R T Y A N D P L A T S T A T I S T I C S L E G E N D L O T # L O T T O T A L A R E A R E S I D E N T I A L A D J A C E N T U S E R U V E N S T R E E T ROAD 92 ROAD 90 S H O P I E R A E C O U R T S A N D I F U R P K W Y B U R N S R O A D BROADMOOR BLVD N R O A D 6 8 RD 90 RD 92 I - 1 8 2 S I T E S T T H O M A S D R V I C I N I T Y M A P N T S 0 3 0 1 " = 3 0 ' 6 0 1 5 5 C 1 0 0 C 1 0 1 R E S I D E N T I A L R E S I D E N T I A L R E S I D E N T I A L RESIDENTIAL C O M M E R C I A L COMMERCIAL 10' UTILITY EASEMENT10' UTILITY EASEMENT 60' R/W 30' E X T G G R O U N D C O N T O U R EXTG GROUNDCONTOUR ( N E W L O C A L A C C E S S S T R E E T ) ( E X I S T I N G ) 3 / 2 8 / 1 7 Page 70 of 137 Lo o k i n g N o r t h Page 71 of 137 Lo o k i n g E a s t Page 72 of 137 Lo o k i n g S o u t h Page 73 of 137 Lo o k i n g W e s t Page 74 of 137 PLANNING COMMISSION MINUTES 5/20/2017 C.Preliminary Plat Ferrera Place, 17-lots (Multi-Family) (RP Development) (MF# PP 2017-003) Chairwoman Polk read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the preliminary plat application for Ferrera Place. This site may be familiar to the Planning Commission as earlier in the year this site was rezoned to R-3; Planning Commission recommended approval and Council approved the rezone. The plat is now following the zone change for a 17 lot development on a little of 3 acres. It will eventually be home to 8 duplex, common-wall construction dwelling units. The site has development occurring all around it in all directions. Commissioner Bowers asked for clarification on the number of units and the definition of duplexes. Mr. White answered that these will be two units connected, side by side, with the property line running through them. This allows for one person to own one half and another person to own the other half. It is very similar to Mediterranean Villas just northwest of this site. Steven Bowman, 7114 Maxim Court, spoke on behalf of his application. He clarified that there will be 2 units with a common wall. Commissioner Roach asked if each lot would have 2 units and confused why there was an odd number proposed. Mr. Bowman responded that each lot has one unit so there would be half the number of individual structures. Commissioner Bowers asked how there was an odd number if they are duplexes. Mr. Bowman stated that one lot would only have a single unit/structure which explains the odd number of lots. He addressed why one lot and road would jog out, creating a tear drop shaped lot, to get the distance required by the City. Commissioner Bowers asked if that jut out would be landscaped. Mr. Bowman explained some of their ideas for that area of land but that it would be beautified in some way. Commissioner Bowers asked if it would be on him to beautify. Page 75 of 137 Mr. Bowman answered yes. Dave McDonald, City Planner, added that the applicant had considered using the space for additional parking for guests of the homeowners. Commissioner Mendez asked if there would be garages and if they are land locked, such as, how will people access the duplexes. Mr. White clarified the proposed preliminary plat and that it would not be land locked. He explained where the new street would be located and that each lot would have public street frontage. With no further questions or comments the public hearing closed. Commissioner Roach asked if it were duplexes or townhomes that were built near Road 90 and Sophie Court. Mr. White answered that those are single-family. Commissioner Roach asked if the plat north of Sophie Court was multi-family. Mr. White responded that it is single-family residences but all on 1 lot. It is a rental property. Commissioner Greenaway moved, seconded by Commissioner Bykonen, to close the public hearing on the proposed subdivision and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the May 18, 2017 meeting. The motion passed unanimously. Page 76 of 137 PLANNING COMMISSION MINUTES 6/18/2017 B.Preliminary Plat Ferrara Place, 17-lots (Multi-Family) (RP Development) (MF# PP 2017-003) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, stated staff had no additional comments. Commissioner Bowers moved, seconded by Commissioner Polk, to adopt findings of fact and conclusions therefrom as contained in the May 18, 2017 staff report. The motion passed unanimously. Commissioner Bowers moved, seconded by Commissioner Polk, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council approve the preliminary plat for Ferrara Place with conditions as listed in the May 18, 2017 staff report. The motion passed unanimously. Page 77 of 137 AGENDA REPORT FOR: City Council May 30, 2017 TO: Dave Zabell, City Manager Rick White, Director Community and Economic Development Regular Meeting: 6/5/17 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Special Permit: Location of a Mini-Storage Facility (MF #SP 2017-006) I. REFERENCE(S): Proposed Resolution Vicinity Map Planning Commission Staff Report Planning Commission Minutes Dated: 4/20/17 & 5/18/17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No.______, approving a special permit for the location of a Mini-Storage Facility in a C-1 Zoning District in the 6600 block of Chapel Hill Boulevard, as recommended by the Planning Commission. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On April 20, 2017 the Planning Commission conducted a public hearing to consider the applicant's proposal to locate a Mini-Storage Facility in the 6600 block of Chapel Hill Boulevard. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend locating a Mini-Storage Facility in the 6600 block of Chapel Hill Boulevard. No written appeal of the Planning Commission's recommendation has been received. Page 78 of 137 V. DISCUSSION: Applicant is proposing to establish a Mini-Storage Facility in an empty lot located in the 6600 Block of Chapel Hill Boulevard just north of the Crossings at Chapel Hill Apartments. The location is in a C-1 (Retail Business) zoning district. The Mini-Storage Facility will consist of six storage buildings, an office and some retail space. Page 79 of 137 … RESOLUTION NO._______ A RESOLUTION GRANTING A SPECIAL PERMIT FOR THE LOCATION OF A MINI STORAGE FACILITY IN A C-1 ZONING DISTRICT IN THE 6600 BLOCK OF CHAPEL HILL BOULEVARD. WHEREAS, G2 Construction submitted an application for the location of a Mini Storage Facility located in the 6600 block of Chapel Hill Boulevard (Tax Parcel #117 420 159); and WHEREAS, the Planning Commission held a public hearing on April 20, 2017 to review a special permit for the proposed Mini Storage Facility; and, WHEREAS, following deliberations on May 18, 2017 the Planning Commission recommended approval of a Special Permit for the Mini Storage Facility with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to G2 Construction for a Mini Storage Facility in a C-1 Zoning district under Master File # SP 2017-006 with the following conditions: a. This Special Permit shall apply to Lot 2 of Binding Site Plan 2013-02 (Franklin County Tax Parcel 117420159) b. The site shall be developed in substantial conformance with the site plan submitted with the Special Permit application; c. The property must be developed in conformance with the I-182 Overlay District design standards; d. All aisle-ways between buildings and all entrance driveways/roads shall be hard- surfaced; e. All building walls exposed to an existing city street together with all walls visible from adjoining properties and freeway shall contain architectural features to add interest and aesthetic qualities to building by the use of masonry coursing, pilasters, patterning, alternating textures and decorative molding to match the existing office building. No composite materials, such as typical home siding, are permitted; f. All metal roofing shall be colored to complement the exterior walls of the mini- storage buildings while minimizing glare; g. The site shall be screened with an architectural block wall/fence on the north property line; h. An office/retail building of at least 10,000 square feet must be constructed between the mini-storage buildings and Chapel Hill Boulevard. The construction of the retail building and mini-storage buildings must be complementary in materials and colors following the I-182 standards; Page 80 of 137 i. All security lighting shall be shielded and designed to prevent the encroachment of light onto adjoining properties; j. The special permit shall be null and void if all necessary licenses have not been obtained by June 1, 2018. Passed by the City Council of the City of Pasco this 5th day of June, 2017. _______________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ _____________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 81 of 137 Item:Mi11i-Storagein C-1 Zone N Applicant:G2 Construction AFile#:SP 2017-006 Vicinity Map Page 82 of 137 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2017-006 APPLICANT: G2 Construction HEARING DATE: 4/20/2017 7117 W Hood Place, Suite 110 ACTION DATE: 5/18/2017 Kennewick, WA 99336 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a Mini-Storage Facility in a C-1 Zone 1. PROPERTY DESCRIPTION: Legal: Lot 2 Binding Site Plan 2013-02 as adjusted by additional surveys. General Location: The 6600 block of Chapel Hill Boulevard just north of the Crossings at Chapel Hill Apartments Property Size: Approximately 6.6 acres 2. ACCESS: The site has access from Chapel Hill Boulevard. 3. UTILITIES: Water and sewer lines are located in Chapel Hill Boulevard to the south. Most of the proposed storage buildings will not require connection to municipal sewer and water. 4. LAND USE AND ZONING: The property is zoned C-1* (Retail Business). The zoning and land use of the surrounding properties are as follows: NORTH: C-1/RT I-182 and the TRAC Facility/GESA Stadium EAST: C-1 Vacant/Future Bethel Church SOUTH: R-4/R-1 Apartments and SFDUs WEST: C-1 Vacant/Future Retail *(The site is located in the I-182 Overlay zone.) 5. COMPREHENSIVE PLAN: The site is designated in the Comprehensive Plan for future commercial uses. The Plan does not specifically address self-storage facilities, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development. Policy LU-1-B encourages enhancement of the physical appearance of development within the City. The Comprehensive Plan (LU-4-A) encourages the location of commercial facilities at major intersection to avoid commercial sprawl and avoid disruptions of residential neighborhoods. Policy LU-2-D requires all development to be landscaped. ED-3-E suggests the use of landscaping to provide a buffer between less intensive uses (such as residential) from utilitarian areas of commercial and industrial facilities. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non-Significance or Mitigated Determination of Non-Significance is likely for this application (WAC 197-11- 355). Page 83 of 137 2 ANALYSIS The proposed site is a parcel located at the 6600 block of Chapel Hill Boulevard, just north of the Chapel Hill Apartments, and south of I-182. The site is part of the Chapel Hill Development which is a mixed use subdivision platted in 2005. The site was zoned C-1 prior to platting in 2003. The site is located over 706 feet from Road 68. Following the approval of the original plat for the Chapel Hill Development the developer further divided the site through the Binding Site Plan process. The Binding Site Plan process was repeated in 2013 creating additional commercial lots. The proposed mini-storage facility will be located on all of Lot 2 contained within parcel # 117420159. Mini-storage facilities are a conditional use that may be permitted only by the granting of a Special Permit. Special Permit reviews and determinations are made based upon the criteria listed in PMC Section 25.86.060. If it can be demonstrated that a mini- storage facility will be in accordance with the policies of the Comprehensive Plan, that it will be maintained in harmony with the existing or intended character of the surrounding neighborhood, and that it generally supports the other criteria of PMC Section 25.86.060, a Special Permit may be approved. The applicant is proposing to develop Lot 2 of Binding Site Plan 2013-02 with a mini- storage facility. The site plan indicates there will be six storage buildings and one office plus retail space. The storage buildings will vary in size from approximately 7,720 to 23,000 square feet. The office will be approximately 2,304 square-feet and the retail space, approximately 10,000 square-feet. In all, a total of around 112,000 square feet of new storage is proposed. Other mini-storage facilities within the I-182 Corridor have only been approved where land has been set aside for future retail or office surrounding the storage facilities or where a retail and or office spaces has been built to screen the mini-storage from surround streets. The Burden/Road 60 storage facility is an example of that. The applicant’s plans include a retail presence along the frontage of Chapel Hill Boulevard. The 10,000 square feet of retail office space will create a visual buffer between Chapel Hill Boulevard and the mini-storage buildings to the north. The property is located in the I-182 Overlay zone which requires a higher standard of development. The applicant’s proposal includes the construction of an office/retail building with at least three architectural features meeting the I-182 standards. The storage facility office and retail building will contain a mix of stucco and stone similar to the Maverik strip center which also contain a mix of stucco and stone. As discussed above the Special Permit review process allows the Planning Commission to make a determination on whether or not a proposed use will be or can be maintained in harmony with the existing or intended character of the neighborhood. It is through this process that the Planning Commission may develop approval conditions that would ensure the proposal will be established and operated in harmony with the neighborhood. The intended character of the site and properties to the west is retail commercial; property to the east was intended for commercial development but, Bethel church has been granted a special permit to construct a church on the property. In addition to the attractive exterior features of the office/retail building to be built along Chapel Hill Boulevard the Planning Commission Page 84 of 137 3 should at a minimum require all exterior facing walls and end caps of the mini-storage buildings be constructed of architectural masonry block. The site’s C-1 zoning permits a variety of commercial retail, office and service business to locate on the property. An office complex with square footage comparable to the proposed mini-storage facility would generate about 2,300 vehicle trips per day and a similar sized retail shopping center would generate approximately 4,467 vehicle trips per day. By comparison the Institute of Traffic Engineers Manual estimates the proposed mini-storage facility will generate about 210 vehicle trips per day. The low average from the manual places the daily trip at 125. Experience in Pasco has shown that mini-storage facilities typically generate traffic at the lower end of the daily average. Based upon vehicular traffic to the site the proposed mini-storage facility would create less noise, vibration and commotion than many permitted uses in the C-1 zone. Additionally the hours of operation for a restaurant or tavern (both permitted uses) could also have a greater impact on the neighborhood than a mini-storage facility. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is located at the 6600 block of Chapel Hill Boulevard. 2. The site is accessed from Chapel Hill Boulevard. 3. Currently the site is approximately 6.6 acres in size. 4. Municipal sewer and water are currently located in Chapel Hill Boulevard to the south. 5. The site is currently vacant. 6. The site is zoned C-1 (Retail Business). 7. The site is directly adjacent to a vacant lot to the east. 8. The site occupies a portion or all of the lot within Binding Site Plan (BSP) 2013- 02; 9. Uses permitted in the C-1 zone include motels, restaurants, retail stores, offices, convenience stores and taverns/night clubs. 10. Mini-storage facilities in C-1 zones require special permits. 11. The apartment complex to the east beyond the vacant lot maintains a 20 foot front yard setback. 12. The site is located within the boundaries of the I-182 Overlay District. 13. The provisions of the Overlay District call for a higher standard for development than in other portion of the community. 14. Other mini-storage facilities within the I-182 Overlay District have only been approved where land has been set aside for future retail or office space could be built around the storage facilities or where offices and or retail facilities have been constructed to screen the storage facilities from adjoining streets. 15. Estimates from the Institute of Traffic Engineers Manual 8th Addition indicate the proposed mini-storage facility could generate about 125 to 210 vehicle trips per day. By comparison the manual estimates a retail facility of similar size can generate around 4,467 vehicle trips per day Page 85 of 137 4 16. The applicant’s plans include an office/retail building to be constructed along the Chapel Boulevard street frontage. CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060 and determine whether or not the proposal: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? A mini-storage facility can be compatible with several Comprehensive Plan policies. Policy LU-1-B encourages enhancement of the physical appearance of development within the City. The proposal would replace vacant land with a well-developed facility with landscaped street frontage. Policy LU-2-D requires all development to be landscaped. Development of the site currently includes landscaping which support policies of the Comprehensive Plan (LU2-D). The Comprehensive Plan (LU-4-A) encourages the location of commercial facilities at major intersection to avoid commercial sprawl and avoid disruptions of residential neighborhoods. (2) Will the proposed use adversely affect public infrastructure? All municipal utilities are currently available to the site from Chapel Hill Boulevard. Water and sewer demands of the proposed use will be negligible compared to permitted uses such as restaurants and similar uses. Impacts to the adjoining streets will likewise be minimal due to the low volume of traffic typically generated by mini-storage facilities. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The Comprehensive Plan (LU-4-A) encourages the location of commercial facilities at major intersection to avoid commercial sprawl and avoid disruptions of residential neighborhoods. The proposed site is zoned C-1 and is located on Chapel Hill Boulevard near the Road 68/I-182 interchange. Due to the lack of traffic and noise generated by mini-storage facilities the proposal may be more in harmony with the neighborhood to the south and east than permitted uses. Harmony with the neighborhood will be further achieved through implementation of the I-182 building standards. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? Page 86 of 137 5 Structures in the C-1 zone are limited to thirty five (35) feet in height. None of the proposed structures will approach 35 feet in height with the tallest structure being about twenty five (25) feet in height. The location of mini-storage facilities adjacent to residential neighborhoods within the City has not resulted in complaints being forwarded to the City. According to Franklin County assessors records the location of a mini-storage facility immediately adjacent to the Sunny Meadows subdivision has not impacted the assessed value of the homes directly north of the mini-storage facility. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The City receives few to no complaints about the operations of mini-storage facilities adjacent to residential neighborhoods Typically, mini-storage facility generate far less traffic, noise, dust, etc. than some uses permitted in the C-1 zone; such as restaurants, taverns, night-clubs and car-washes. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? As a general land use, mini-storage facilities are not inherently dangerous to public health or safety and do not generate nuisance conditions. Placing a retail building and mini-storage buildings on this particular parcel may be beneficial in that it will buffer occupied land to the south from freeway noise. APPROVAL CONDITIONS 1) This Special Permit shall apply to Lot 2 of Binding Site Plan 2013-02 (Franklin County Tax Parcel 117420159) 2) The site shall be developed in substantial conformance with the site plan submitted with the Special Permit application; 3) The property must be developed in conformance with the I-182 Overlay District design standards; 4) All aisle-ways between buildings and all entrance driveways/roads shall be hard-surfaced; 5) All building walls exposed to an existing city street together with all walls visible from adjoining properties and freeway shall contain architectural features to add interest and aesthetic qualities to building by the use of masonry coursing, pilasters, patterning, alternating textures and decorative molding to match the existing office building. No composite materials, such as typical home siding, are permitted; Page 87 of 137 6 6) All metal roofing shall be colored to complement the exterior walls of the mini- storage buildings while minimizing glare; 7) The site shall be screened with an architectural block wall/fence on the north property line; 8) An office/retail building of at least 10,000 square feet must be constructed between the mini-storage buildings and Chapel Hill Boulevard. The construction of the retail building and mini-storage buildings must be complementary in materials and colors following the I-182 standards: 9) All security lighting shall be shielded and designed to prevent the encroachment of light onto adjoining properties; 10) The Special Permit shall be null and void if a building permit has not been obtained by June 1, 2018. RECOMMENDATION MOTION: I move to close the hearing on the proposed special permit and set May 18, 2017 as the date for deliberations and the development of a recommendation for the City Council. MOTION: I move, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit for the location of a Mini-Storage Facility in the 6600 block of Chapel Hill Boulevard (Parcel #117 420 159) with conditions as listed in the May 18, 2017 staff report. Page 88 of 137 Page 89 of 137 Page 90 of 137 Page 91 of 137 Page 92 of 137 P a g e 9 3 o f 1 3 7 P a g e 9 4 o f 1 3 7 P a g e 9 5 o f 1 3 7 P a g e 9 6 o f 1 3 7 -1- PLANNING COMMISSION MINUTES 4/20/2017 B.Special Permit Special Permit to Locate Mini-Storage Facility (G2 Commercial Construction LLC) (MF# SP 2017-003) Chairwoman Polk read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the special permit application to locate a mini- storage facility. The parcel is located in the C-1 zone and is approximately 6.6 acres and located just north of The Crossings at Chapel Hill Apartments. Mini-storage facilities require special permits in the C-1 zoning district. The site is located in the I-182 Overlay District and with that there are higher design standards in regards to landscaping, building and signage. Other mini-storage facilities within the I-182 Overlay District have only been approved where land has been set aside for future retail or office space. The site plan indicates that there will be 6 storage buildings and 1 office plus retail space with a total of roughly 112,000 sqft of new storage. The applicant plans include a retail presence along the frontage of Chapel Hill Boulevard, such that the storage units themselves won’t be seen from the street. The 10,000 sqft of office/retail space will create a visual buffer between Chapel Hill Boulevard and the mini-storage buildings to the north. The office/retail building will contain a mix of stucco and stone, similar to the Maverick Strip Center and in this way will maintain the intended character of the neighborhood. The proposed mini-storage would generate around 210 vehicle trips per day, where as a similarly sized retail shopping center would generate around 4,400 vehicle trips per day as projected by the Institute of Traffic Engineers Manual. Commissioner Roach asked if this was the first time the City has seen a storage facility with retail space connected in this manner. Ms. Bourcier stated that she does not have the history to answer that question. Dave McDonald, City Planner, responded that the other storage facilities mainly only have offices and he listed some examples. He stated that a large facility on Sandifur Parkway has reserved parcels in front of the mini-storage for future office buildings but they have not been built yet. Commissioner Bowers asked if this project if constructed, would kill the prospect of a Target coming to that area. Mr. McDonald answered that when Target was looking to locate to the community, they had a site plan prepared for the property behind the Maverick Gas Station on the corner of Road 68 and Sandifur Parkway. That parcel is still there and there is a parcel across the street that is large enough to the north of the Maverick as well as a large parcel to the west of Lowe’s. Then there is the south side of Road 68, west of this proposed site, and there is a large area set aside for commercial as well as the Road 100 area. Douglas Gunther, of G2 Construction, 7117 W. Hood Place, Ste. 110, Kennewick, spoke as the contractor for the property owners and offered to answer any questions but stated that the property owners would be the best to speak on their project. Page 97 of 137 -2- Susan and David Peachey, 4961 Olympia Street, Kennewick, spoke on behalf of their special permit application. Ms. Peachey stated that they have been in the mini-storage business for 33 years. They wish to make it a beautiful, Class A storage facility with a lot of security and fencing blending into the neighborhood. They are excited to add the mini- mall for commercial to the facility. Commissioner Roach asked if the photo/drawing that was provided to the Planning Commission was the actual design. Ms. Peachey responded that it was. Commissioner Bowers asked for clarification for parking of motor homes on their property. Ms. Peachey answered that they will provide some covered parking for motor homes. RV’s sales have increased in the past few years so there is an increased need for parking. They will have covered spots as well as enclosed parking. As for the storage units, they will offer 12-14 different sizes to meet various needs. Commissioner Mendez asked if this facility would be open 24 hours. Ms. Peachey responded that they will have controlled hours. Their current facility is open from 7AM-8PM for security reasons. Often times the facilities open 24 hours have more break-ins, theft and unwanted activities. There are other facilities that provide 24 hour access for clients who need it. Commissioner Polk asked if there would be any light pollution issues on Chapel Hill Boulevard that would possibly disturb the nearby apartments. Mr. & Ms. Peachey both responded that the light would be contained away from the apartments. Ms. Peachey added that the lighting would be pointed downward in the rows between the buildings. Mr. Peachey said they could install deflectors if needed. With no further questions or comments the public hearing closed. Commissioner Bowers moved, seconded by Commissioner Greenaway, to close the public hearing on the proposed special permit and set May 8, 2017 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. Page 98 of 137 -1- PLANNING COMMISSION MINUTES 5/18/2017 A.Special Permit Mini-Storage Facility (G2 Construction LLC) (MF# SP 2017-006) Chairman Cruz read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, stated staff had no additional comments. Commissioner Roach moved, seconded by Commissioner Greenaway, to close the hearing on the on the proposed special permit and set May 18, 2017 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. Dave McDonald, City Planner, noted that the motion was incorrect and was from the prior meeting and that an amended motion would need to be made. Commissioner Roach moved, seconded by Commissioner Greenaway, adopt the findings of facts and conclusions as contained in the May 18, 2017 staff report. The motion passed unanimously. Commissioner Roach moved, seconded by Commissioner Greenaway, based on the findings of facts and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit for the location of a mini-storage facility in the 6600 block of Chapel Hill Boulevard (Parcel # 117-420-159) with conditions as listed in the May 18, 2017 staff report. The motion passed unanimously. Page 99 of 137 AGENDA REPORT FOR: City Council May 31, 2017 TO: Dave Zabell, City Manager Rick Terway, Interim Public Works Director Regular Meeting: 6/5/17 FROM: Dan Ford, City Engineer Public Works SUBJECT: Professional Services Agreement with Murraysmith for the Facility Plan for the Wastewater Treatment Plant I. REFERENCE(S): Vicinity Map Professional Services Agreement Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Professional Services Agreement with Murraysmith for design services for the Wastewater Treatment Plant Facility Plan and, further, authorize the City Manager to execute the agreement. III. FISCAL IMPACT: Sewer Utility Fund - $399,860.00 IV. HISTORY AND FACTS BRIEF: The current Comprehensive Sewer Plan (Comp Plan) was completed in late 2013, reviewed and approved by the Washington State Department of Ecology (DOE) in early 2014 and adopted by the City Council in May of 2014. The Comp Plan evaluated current conditions, projected growth, anticipated regulatory environment to identify long-term capital improvement projects at the Wastewater Treatment Plant (WWTP) and within the collection system that will allow the City to continue to meet the needs of our expanding population and growing industrial base. The improvements identified at the WWTP are intended to position the City to provide for sufficient treatment capacity now and into the foreseeable future, comply with current and anticipated regulatory requirements and upgrade, renew, or replace aging components. A Facilities Plan and Engineering Report necessarily follows the Comprehensive Sewer Plan process. The Facilities Plan and accompanying technical Page 100 of 137 documents are necessary to refine the WWTP treatment concepts identified in the Sewer Comp Plan through a detailed alternatives process supported by engineering level calculations. With the assistance Murray, Smith and Associates, Inc., (now Murrysmith), the City completed the first phase of the Facilities Plan, consisting of an engineering effort to identify and design operational and/or capital improvements that could be implemented immediately to increase the overall capacity of the WWTP. Those improvements are currently underway. The second phase of the Murra ysmith's consulting effort, and the subject of this agenda report, is the completion of the Facilities Plan and Engineering Report. V. DISCUSSION: The primary purpose of Murraysmith's scope of services is to assist the City of Pasco in developing a Facilities Plan and Engineering Report for the existing wastewater treatment plant (WWTP). By developing a Facilities Plan, eligibility for funding assistance through Ecology’s water quality program phase will be expedited. In order to create the Facilities Plan to document the processes in use at WWTP, Murraysmith will: • Perform general existing and age condition assessments of the components of the WWTP; • Update future WWTP treatment requirements based on population growth projections; • Analyze the liquid and solids processing alternatives at the WWTP; • Develop appropriate and cost effective solutions; and • Create a capital improvement plan for the required improvements. Murraysmith will also provide design services for the remaining four immediate needs projects. Craig Anderson, P.E., a Principal Engineer with Murraysmith, will share the major components required to create a Facility Plan as part of the presentation to Council. The fee for the work proposed is the Not To Exceed Sum of $399,860. Staff recommends approval of the proposed Professional Services Agreement with Murraysmith. This item was discussed at the May 22, 2017, Council Workshop Meeting. Page 101 of 137 P a g e 1 0 2 o f 1 3 7 Professional Services Agreement (Summary Sheet) Project: Professional Services Agreement for the Facility Plan for the Waste Water Treatment Plant (WWTP) Project Consultant: Murrysmith Address: 345 Bobwhite Court, Suite 230, Boise, Idaho 83706 Scope of Services: Perform general existing and age condition assessments of the components of the WWTP; determine future WWTP treatment requirements based on population growth projections; analyze the liquid and solids processes at the WWTP and develop appropriate and cost effective solutions; create a capital improvement plan for the required improvements; and author a Facility Plan to document the processes in use at WWTP; obtain approval of the Plan from the Department of Ecology. This consultant will also provide design services for the remaining four immediate needs projects. Term: Completion Date: December31, 2018 Payments to Consultant: ☐ Hourly Rate: $ ☐ Fixed Sum of: ☒ Other: Hourly (Multiple Rate) plus actual expenses incurred, but not to exceed a total amount of $399,860.00 Insurance to be Provided: 1. Commercial General Liability: ☐ $1,000,000 each occurrence; ☐ $2,000,000 general aggregate; or ☒ $1,000,000 each occurrence; and $2,000,000 general aggregate 2. Professional Liability: ☒ $1,000,000 per claim; ☐ $1,000,000 policy aggregate limit; or ☐ $________ per claim; and $________ per policy aggregate limit Other Information: Signature by: ☐ Mayor ☒ City Manager Page 103 of 137 AGENDA REPORT FOR: City Council May 30, 2017 TO: Dave Zabell, City Manager Rick White, Director, Community & Economic Development Regular Meeting: 6/5/17 FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Preliminary Plat: Chiawana Place (MF# PP 2017-005) I. REFERENCE(S): Overview Map Vicinity Map Preliminary Plat Report to the Planning Commission Planning Commission Minutes Dated: 4/20/17 & 5/18/17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to remand the Preliminary Plat for Chiawana Place back to the Planning Commission for further review related to access to and from Argent Road. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On April 20, 2017 the Planning Commission conducted a public hearing to develop a recommendation for the City Council on the preliminary plat for Chiawana Heights. The proposed plat is located on Argent road east of the Chiawana High sports fields. Following the hearing, the Planning Commission determined that with conditions, the preliminary plat should be recommended for approval. The recommended conditions are contained in the attached resolution. No written appeal of the Planning Commission’s recommendation has been received. Page 104 of 137 V. DISCUSSION: This site contains approximately 30 acres that will be divided into 78 lots. The lots will range in size from 10,011 square feet to over 16,807 square feet with an average lot size of 10,979 square feet. This plat will be the second plat to develop on the DNR property located between Road 84 and Road 68 south of I-182. After the Planning Commission public hearing in April and deliberations in May were concluded, staff developed concerns that proximity of the proposed access road to the plat from the north side of Argent to existing RD 72 on the south side may present safety issues – particularly as the remainder of the former DNR Section 16 property develops and traffic loads continue to increase on Argent. Given the high volumes of traffic on Argent at peak hours and at Chiawana start up and dismissal times, staff recommends the City Council remand this plat back to the Planning Commission to address the safety concerns and to explore possible mitigating measures related to access to and from Argent Road. Page 105 of 137 It e m : C h i a w a n a P l a c e 7 8 - L o t P r e l i m i n a r y P l a t Ap p l i c a n t : D e r e k A l e x a n d e r Fi l e # : P P 2 0 1 7 - 0 0 5 Ov e r v i e w Ma p SI T E Page 106 of 137 It e m : C h i a w a n a P l a c e 7 8 - L o t P r e l i m i n a r y P l a t Ap p l i c a n t : D e r e k A l e x a n d e r Fi l e # : P P 2 0 1 7 - 0 0 5 SI T E Vi c i n i t y Ma p Page 107 of 137 R S I Page 108 of 137 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 2017-005 HEARING DATE: 4/20/2017 ACTION DATE: 5/18/2017 APPLICANT: Derek Alexander 2090 Kingston Rd. Richland, WA 99354 BACKGROUND REQUEST: Preliminary Plat: Chiawana Place, (78-Lot Single Family Subdivision). 1. PROPERTY DESCRIPTION: Legal: SW Quarter of the SE Quarter of Section 16, T9N, R29E, WM General Location: North side of Argent Road east of the Chiawana High sports fields. Property Size: 29 Acres Number of Lots Proposed: 78 single-family lots Square Footage Range of Lots: 9,907 ft² to 16,807 ft² Average Lot Square Footage: 11,179 ft² 2. ACCESS: The property will have access from Argent Road and Road 76. 3. UTILITIES: Municipal water and sewer service are in Argent Road. 4. LAND USE AND ZONING: The site is zoned RS-1 (Suburban Residential). Surrounding properties are zoned and developed as follows: NORTH: R-1 – Vacant SOUTH: RS-20 – Single-Family (County) EAST: RS-1 – Single-Family and vacant land being developed WEST RS-1 – Chiawana High Sports Fields 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for low-density residential development. According to the Comprehensive Plan, low-density residential development means 2 to 5 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for low-density residential uses when or where: sewer is available, the location is suitable for home sites, and there is a market demand for new home sites Policy H-1-E encourages the advancement of home ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established Page 109 of 137 2 neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) has been issued for this project under WAC 197-11-158. ANALYSIS The project site is located immediately east of the Chiawana High sports fields on the north side of Argent Road. This site was part of the Road 68 DNR property that the Planning Commission was involved in determining zoning and the general layout of major streets. The applicant recently purchased the site from the DNR and is now seeking preliminary plat approval in preparation for development of single-family subdivision. The site was initially designated for low-density residential development under the 1982 Comprehensive Plan and again under the 1995 Plan and the updated Plan of 2008. The property is zoned RS-1 (Suburban Residential). The property is located between Argent Road and the FCID canal directly east of Chiawana High School. A 20-inch water main was installed in Argent Road across southern boundary of the site in 2004 and a sewer line was extended to the southwest corner of the property in 2007 when Chiawana High School was built. A 75 foot natural gas pipe line easement crosses the eastern third of the property diagonally and presents challenges in the design and lot layout of the proposed plat. The natural gas pipe line easement will need to be identified as separate parcel and improved with lawn prior to final plat approval. A home owners association will also need to be established for the purpose of maintaining the gas line easement. Village at Pasco Heights and Madison Park north of Burden Boulevard are examples of other subdivisions that improved the gas line easement with lawn and established an association to maintain the easement. Without the landscaping and associated maintenance the gas line easement will become a nuisance for the residents of the new plat. LOT LAYOUT: The proposed plat contains 78 residential lots. The lots vary in size from 9,907 square feet to 16,807 square feet. The proposal is consistent with the density requirements of the RS-1 zoning on the site. The minimum lot size for the RS-1 zone is 10,000 square feet. The single 9,907 square foot lot does not meet the minimum lot size requirement. However, the municipal code Page 110 of 137 3 (PMC 25.64: Planned Density Development) allows subdivisions to have a variety of lots sizes as long as the overall density meets or exceeds the densities permitted under the zoning classification. In this case the overall density is determined by dividing the plat acreage (minus roads) by the minimum lot size of 10,000 square feet. The resulting number is 94.74 lots. The applicant did not specifically apply for a Planned Density Development. The Planning Commission will need to determine what direction they want to take on this issue. Lots in RS-1 zones are required to have 90 feet of street frontage except in cul de sacs. Lot, 20 only has 20 feet of frontage and is typical flag lot. Lot 20 will need to be modified or absorbed into surrounding lots. RIGHTS-OF-WAY: All lots have frontage on streets which will be dedicated. Road 76 is only shown as a 60 foot right-of-way but should be an 80 foot right- of-way. Road 76 is planned to connect north of the FCID canal through the former DNR property. Currently, Road 76 is planned to go over I-182 to Road 76 on the north side of the freeway. This road is planned to be an 80 foot wide collector type right-of-way UTILITIES: Municipal water service is located in Argent Road. There is a sewer trunk line running along the eastern boundary of the site and a sewer manhole at the intersection of future Rd 76 and Argent Road. Utility lines will be extended through the plat. A utility easement will be needed along the first 10 feet of street frontage of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not diminish the buildable area of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and with a maximum interval of 500 feet between hydrants on alternating sides of the street. Streetlights are located at street intersections, with a maximum interval of less than 300 feet on residential streets, and with a maximum interval of 150 feet on arterial streets. The intervals for street light placements are measure along the centerline of the road. Street lights are placed on alternating sides of the street. STREET NAMES: The proposed street names will be added prior to final plat approval. IRRIGATION: The municipal code requires the installation of irrigation lines as a part of the infrastructure improvements. Page 111 of 137 4 WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee in lieu thereof. FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact": Prevent Overcrowding: Density requirements of the RS-1 zone are designed to address overcrowding concerns. The Comprehensive Plan suggests the property in question be developed with 2 to 5 dwelling units per acre. The proposed Plat has a density of approximately 2.9 units per acre. No more than 40 percent of each lot is permitted to be covered with structures per the RS-1 standards. Parks Opens Space/Schools: City parks are located in Columbia Place and Island Estates to the east and south. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate the impacts of the proposed subdivision on the School District. At the request of the School District the City enacted a school impact fee in 2012. The imposition of this impact fee addresses the requirement to ensure there are adequate provisions for schools. A school impact fee in the amount of $4,700 will be charged for each new dwelling unit at the time of building permit issuance. To prevent the gas line easement from becoming a dusty and weedy eyesore it will need to be graded and covered in lawn. This will create an attractive open space feature for the subdivision. Effective Land Use/Orderly Development: The Plat is laid out for single- family development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 5 dwelling units per acre. The developer is proposing a density of 2.9 units per acre. The proposed development will include improvements to both Argent Road and Road 76. The east half of Road 72 on the east is in the process of being vacated and will end up functioning as an alley in conjunction with the FCID easement and sewer easement along the eastern boundary of the plat. Safe Travel & Walking Conditions: The plat will connect to the community through the existing network of streets. Sidewalks are installed at the time homes are built on individual lots. The sidewalks will be constructed to current City standards and to the standards of the American’s with Disabilities Page 112 of 137 5 Act (ADA). The ADA ramps at the corners of all intersection will be installed with the construction of the road improvements and the sidewalks along Argent Road and Road 76 will be installed with the infrastructure improvements. Adequate Provision of Municipal Services: All lots within the Plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: This Preliminary Plat contains 78 residential building lots, providing an opportunity for the construction of 78 new dwelling units in Pasco. Adequate Air and Light: The maximum lot coverage limitations, building height restrictions and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The streets through and adjoining the Plat will be paved and developed to City standards to assure proper access is maintained to each lot. Connections to the community will be provided by Road 76 and Argent Road. The Preliminary Plat was submitted to the Transit Authority for review. (The discussion under “Safe Travel” above applies to this section also.) Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the Plat site for low-density residential development. Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. Other Findings: • The site is within the Pasco Urban Growth Boundary. • The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. • The site is relatively flat and slopes slightly from the north to the south. • The site is currently vacant. • The site is not considered a critical area, a mineral resource area or a wet land. • The Comprehensive Plan identifies the site for low-density residential development. • Low-density residential development is described in the Comprehensive Plan as two to five dwelling units per acre. • The site is zoned RS-1 (Suburban Residential). Page 113 of 137 6 • The Housing Element of the Comprehensive Plan encourages the advancement of programs that promote home ownership and development of a variety of residential densities and housing types. • The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic. • The interconnection of neighborhood streets is necessary for utility connections (looping) and the provision of emergency services. • Per the ITE Trip Generation Manual 8th Addition the proposed subdivision, when fully developed, will generate approximately 780 vehicle trips per day. • The current traffic impact fee is $709 per dwelling unit. The impact fees are collected at the time permits are issued and said fees are used to make traffic improvements and add traffic signals in the I-182 Corridor when warranted. • The current park impact fee is $1,432 per dwelling unit. The fee can be reduced by 58 percent if a developer dedicates a five acre park site to the City. The dedication of a fully constructed park reduces the fee by 93 percent. • RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools before any preliminary plat is approved. • The City of Pasco has adopted a school impact fee ordinance compelling new housing developments to provide the School District with mitigation fees. The fee was effective April 16, 2012. • Past correspondence from the Pasco School District indicates impact fees address the requirement to ensure adequate provisions are made for schools. • Plat improvements within the City of Pasco are required to comply with the 2015 Standard Drawings and Specification as approved by the City Engineer. These improvements include but are not limited to water, sewer and irrigation lines, streets, street lights and storm water retention. The handicapped accessible pedestrian ramps are completed with the street and curb improvements prior to final plat approval. Sidewalks are installed at the time permits are issued for new houses. Except sidewalks along major streets, which are installed with the street improvements. • Water lines and fire hydrants are required to be looped. • Per PMC 12.36.050 the developer must extend all utilities to and through the subject parcel. • All engineering designs for infrastructure and final plat(s) drawings are required to utilize the published City of Pasco Vertical Control Datum. • All storm water generated from a developed plat is required to be disposed of per City and State codes and requirements. Prior to the City Page 114 of 137 7 of Pasco accepting construction plans for review the developer is required to enter into a Storm Water Maintenance Agreement with the City. The developer is responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement is presented to the City of Pasco at the intake meeting for construction plans. • The developer is responsible for installing irrigation lines shall be installed per City of Pasco Standard Detail 3-1. Irrigation mains shall be required along Chapel Hill Boulevard and internal streets. Existing irrigation lines are available for connection at Messara lane and Moline lane. Provisions for future irrigation connection with existing 14” irrigation pipe, located per Franchise agreement 50185, will be required. • The developer is responsible for all costs associated with construction inspection and plan review service expenses incurred by the City Engineering Office. • The City has nuisance regulations (PMC 9.60) that require property owners (including developers) to maintain their properties in a manner that does not injure, annoy or endanger the comfort and repose of other property owners. This includes controlling dust, weeds and litter during times of construction for both subdivisions and buildings including houses. • Prior to acceptance of final plats developers are required to prepare and submit record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form must be signed by the developer prior to construction plan approval. • The final plat will contain 10-foot utility easements parallel to all streets. Additional easement will be provided as needed by utility providers. • A natural gas line easement is located in the eastern third of the proposed plat. The gas line easement will need to be improved to prevent it from becoming an eyesore and nuisance. • There is a FCID irrigation easement and a City sewer easement along the eastern boundary of the proposed plat. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed Plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, Page 115 of 137 8 other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the Pasco Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure the public health; safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service and the provision for dedication of right-of-way. The preliminary plat was forwarded to the PUD, the Pasco School District, Cascade Gas, Charter Cable, franklin County Irrigation District and Ben-Franklin Transit Authority for review and comment. Based on the School Districts Capital Facilities Plan the City collects school mitigation fees for each new dwelling unit. The fee is paid at the time of building permit issuance. The school impact fee addresses the requirements of RCW 58.17.110.City parks are located in the subdivisions to the west and southwest of the site. All new developments participate in establishing parks through the payment of park fees at the time of permitting. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed Plat makes efficient use of vacant land and will provide for the looping of utilities and interconnectivity of streets as supported in the Comprehensive Plan. The proposed subdivision will provide arterial street improvements along Argent Road and Road 76. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for low-density residential development. Low-density residential development is described as 2 to 5 dwelling units per acre in the Comprehensive Plan. The Housing Element of the Plan encourages the promotion of a variety of residential densities and suggests the community should support the advancement of programs encouraging home ownership. The Transportation Element of the Plan suggests major streets should be beautified with trees and landscaping. The Plan also encourages the interconnection of local streets for inter-neighborhood travel for public safety as well as providing for traffic disbursement. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Page 116 of 137 9 Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures (i.e.: school impact fees are paid.) (6) The public use and interest will be served by approval of the proposed subdivision. The proposed Plat, if approved, will be developed in accordance with all City standards designed to insure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this Plat. These factors will insure the public use and interest are served. TENTATIVE PLAT APPROVAL CONDITIONS 1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 2. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 3. The developer shall install common “Estate Type” fence six-feet in height along the west and south line of the plat as a part of the infrastructure improvements associated with the plat. The fence must be constructed of masonry block. A fencing detail must be included on the subdivision construction drawings. Consideration must be given to a reasonable vision triangle at the intersection of streets. The City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep. These fencing requirements shall be noted clearly on the face of the final plat(s). A concrete mow strip shall be installed under any common fence as directed by the City Parks Division and shall be approved by the Parks Department prior to installation. 4. No fencing is permitted across the FCID easement or City sewer line easement along the eastern boundary of the plat. All yard fencing must be setback to the westerly most easement line unless otherwise approved by the FCID. The sewer line easement cannot be fenced. Page 117 of 137 10 5. Excess right-of-way along Road 76 must be landscaped. Said landscaping shall include irrigation, turf and trees. Trees shall be planted at 50 foot intervals. The species of the trees will be determined by the Parks Department. All landscaping and irrigation plans shall be reviewed and approved by the Parks Department prior to installation. Water usage for City right-of-way landscaping shall come from a source approved by the City of Pasco with the connection and meter fees paid for by the developer. If FCID irrigation water is used City connection fees will not apply. 6. An off-set sidewalk landscaping and irrigation shall be installed along Argent Road matching the design of the sidewalk and landscaping in front of Chiawana High School. The curb and gutter section of the road must be located to the south of the BPA power poles. All landscaping and irrigation plans must be approved by the Parks Department prior to installation. 7. The developer/builder shall pay the City a "common area maintenance fee" of $475 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of arterial boulevard strips. The City shall not accept maintenance responsibility for the landscaping abutting said streets until such time as all fees are collected for each phase that abut said streets. 8. Lots abutting Road 76 and Argent Road shall not have direct access to said streets. Access shall be prohibited by means of deed restrictions or statements on the face of the final plat(s). 9. The final plat(s) shall contain a 10-foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 10. Road 76 must contain 40 feet of right-of-way between the center line of the road and the west line of the plat. The paved portion of the right-of- way must contain and approved bicycle lane. 11. The developer must contribute one quarter of the cost of installing the Road 76 canal crossing. This contribution shall be in the form a cash deposit to the City in an amount determined by the City Engineer to ensure the completion of the canal crossing. Said deposit must be accompanied by a signed development agreement ensuring the developer’s full proportionate share of the crossing is covered in the event the initial deposit falls short of the final construction costs. Alternately the developer has the option of signing a non-protest document to the formation of an LID to cover the cost of his share of the canal crossing. Said non-protest agreement may also include the developer’s proportionate share of improvements to Road 76 north of the access connection into the subdivision off Road 76. 12. The sewer line easement and FCID easement to the east will be treated as an alley and alley development standards will apply. The FCID will Page 118 of 137 11 determine how much of their easement can be covered in lawn and yard landscaping. 13. The natural gas line easement through the plat must be identified as Parcel or Tract “A” owned and maintained by the homeowners association and must be landscaped with lawn and an irrigation system. 14. The developer is responsible for establishing a home owners association that will be responsible for maintaining the lawn on the Gas line easement. 15. All lots must be at least 10,000 square feet including Lot 8. 16. Lot 20 and 21 must be modified to eliminate the flag lot configuration and provide the correct lot frontage on the adjoining street. 17. The final plat(s) shall contain the following Franklin County Public Utility District statement: “The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD’s primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat”. RECOMMENDATION MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the May 18, 2017 staff report. MOTION: I move based on the Findings of Fact and Conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat for Chiawana Place, with conditions as listed in the May 18, 2017 staff report. Page 119 of 137 It e m : C h i a w a n a P l a c e 7 8 - L o t P r e l i m i n a r y P l a t Ap p l i c a n t : D e r e k A l e x a n d e r Fi l e # : P P 2 0 1 7 - 0 0 5 Ov e r v i e w Ma p SI T E Page 120 of 137 It e m : C h i a w a n a P l a c e 7 8 - L o t P r e l i m i n a r y P l a t Ap p l i c a n t : D e r e k A l e x a n d e r Fi l e # : P P 2 0 1 7 - 0 0 5 SI T E Vi c i n i t y Ma p Page 121 of 137 It e m : C h i a w a n a P l a c e 7 8 - L o t P r e l i m i n a r y P l a t Ap p l i c a n t : D e r e k A l e x a n d e r Fi l e # : P P 2 0 1 7 - 0 0 5 SI T E La n d U s e Ma p Ch i a w a n a Hi g h Sc h o o l Va c a n t SF D U ( C o u n t y ) Va c a n t SF D U ( C o u n t y ) SFDU Page 122 of 137 It e m : C h i a w a n a P l a c e 7 8 - L o t P r e l i m i n a r y P l a t Ap p l i c a n t : D e r e k A l e x a n d e r Fi l e # : P P 2 0 1 7 - 0 0 5 SI T E RS - 2 0 ( C o u n t y ) R- 1 RS - 2 0 ( C o u n t y ) RS-12 Zo n i n g Ma p RP Page 123 of 137 R S I Page 124 of 137 Lo o k i n g N o r t h Page 125 of 137 Lo o k i n g E a s t Page 126 of 137 Lo o k i n g S o u t h Page 127 of 137 Lo o k i n g W e s t Page 128 of 137 PLANNING COMMISSION MINUTES 5/20/2017 D.Preliminary Plat Chiawana Place, 78-lots (Single-Family) (Derek Alexander) (MF# PP 2017-005) Chairwoman Polk read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the preliminary plat application for Chiawana Place. This piece of property was part of the larger DNR property that the Planning Commission looked at roughly a year ago when the zoning was being determined. DNR has since sold several parcels off, this being one of them. It is a 29 acre parcel zoned R-S-1, which requires larger lot sizes in the 10,000 sqft. range. The applicant has laid out the parcel with 78 lots with 1 connecting street to Argent Road and another connecting street to future Road 76 so that would divide this property from the sports fields of Chiawana High School. The property has some development constraints in that the Williams gas pipeline runs through the property diagonally so no building can occur on that and it is set aside as a separate parcel. Like other gas line easements to the north in Madison Park and Village at Pasco Heights, the developer will be required to grass the area with irrigation and set up a homeowner’s association to maintain the area so it doesn’t become a nuisance with weeds and dust. They will have to coordinate with the gas company in Salt Lake City, UT when they get ready to do that. Provided in the report is the mandatory analysis and review of the items that the state law and municipal code require the Planning Commission to look at in terms of layout, right-of-way, utilities, irrigations, water rights, etc. Another issue to look into is that 1 lot is just under 10,000 sqft. The applicant has the option to try and shuffle some of the property lines one way or the other to get that up to 10,000 sqft. or the Planning Commission could treat it as a planned density development. In a planned density development project, which the applicant didn’t apply for, some lots can be smaller than 10,000 sqft. and some can be bigger than 10,000 sqft. as long as the average density doesn’t exceed what would be allowed to be built with all of the lots being 10,000 sqft. Many of the subdivisions to the north of the highway were developed that way. Another concern with the plat is that in the right side of the plat at the end of the cul-de-sac there is a flag lot with 20 feet of frontage. In the R-S-1 zone with lots of 10,000 sqft. the requirement for frontage is 90 feet. Also, typically flag lots are frowned upon so that will need to be modified somehow. Just to the east of the property there was a dedicated right-of-way vacated recently by City Council and an easement there for the sewer trunk line that serves properties on the north side of the freeway. There is also an irrigation line and easement there and that stretch will have to be used designated as an alley. Lastly, the BPA power poles along Argent Road are in the way a little bit and the street will have to be offset slightly once constructed. Commissioner Roach asked if the gas line easement will affect building a roadway above it. Page 129 of 137 Mr. McDonald responded that it would not. They would just have to coordinate with the gas company and there are some easement documents they may have to sign to allow that to go in. Some of the requirements in the past have been that underground they have to put a layer of concrete over the section where the pipe is and then put the rock and pave on top of that. Commissioner Roach asked if the Madison Park development is north of Burden Boulevard where there is a greenway belt. Mr. McDonald said that was the Village of Pasco Heights. Madison Park is north of Sandifur Parkway east of Road 52 across from the new Rosalind Franklin STEM Elementary School. Commissioner Roach asked if there would be any issues in taking the planned density development route for this project versus the currently preliminary plat approval. Mr. McDonald responded that in this case it might be easier because of the flag lot problem in which work could be done in shifting the lots in order to get the 10,000 sqft. on the lot. Commissioner Bowers asked if Road 72 will run north. Mr. McDonald stated that Road 72 will no longer be a road, it will become an alley on the east side of the plat. Commissioner Bowers asked how there would be access without the flag lot. Mr. McDonald answered that they may have to rearrange it and there may not be a flag lot there – he could lose one lot and the square footage of that lot could be shared with the other parcels. Commissioner Bowers asked if Lot 16 was the other lot in question. Mr. McDonald was unsure but it was the lot up against the irrigation canal. Commissioner Roach asked why it is called a flag lot. Mr. McDonald said it’s because it is shaped like a flag with a pole. It creates a situation where you build a house behind someone else’s house and sometimes creates conflicts with neighbors. Commissioner Greenaway asked about how Road 76 would be place 3 houses in and if it wouldn’t be better to put the road at the top for better traffic flow where the cul-de- sac is. Mr. McDonald said there is going to be a little bit of a problem at that end because Page 130 of 137 there will have to be a bridge built over the canal and the bridge may be raised a little bit. Commissioner Greenaway asked if it would create traffic problems or a pileup. Mr. McDonald said that with the way it is proposed the traffic will be able to move north or south. Derek Alexander, 29 Kingston Road, Richland, WA spoke on behalf of his application. He stated that he is a newcomer in terms of developing in Pasco but not in the development world. He is a part of a father and son development team. They had some land that they didn’t have use for 10 years ago and decided to start developing on it and since that time have developed 100 acres in West Richland, approximately 250 residential lots. They work with roughly 3-4 builders at a time. Most homes will be in the $300,000-$450,000 range and would like to form some covenants. Commissioner Roach asked how many developers will be working on this project. Mr. Alexander responded that so far 2 but possibly others – they will open it to builders they have already worked with and mentioned some of their builders. Steve Bowman, 7114 Maxim Court, spoke in support of this project. He said that he has worked with Mr. Alexander and would recommend him for the Pasco community. With no further questions or comments the public hearing closed. Commissioner Roach asked if the flag pole lot is included in the tentative approval conditions as needing to be eliminated or if it needs to be discussed with the applicant. Mr. McDonald replied that he can’t remember but he will need to discuss it with Mr. Alexander before the preparation of the final report. Staff will also need to talk to all of the individuals who purchased the DNR property on how the bridge across the canal will be coordinated and built. The last one built on Road 84 was completely funded and built by AHO Construction to connect Road 84 to Argent Road. Commissioner Roach asked if the appropriate motion would be to extend this public hearing to next month. Mr. McDonald stated that Staff can work with the applicant so the hearing can be closed. Commissioner Bykonen asked if the planned density development would have to be a separate application that would have to be started all over again. Mr. McDonald responded that typically it is but in this case that wouldn’t be needed. Page 131 of 137 Commissioner Mendez wanted to remind the Commission about traffic implications with the increase of single-family homes. He asked if traffic would be diffused with different access points. Mr. McDonald answered yes, this plat will have 2 separate access points; 1 to Argent Road and 1 to Road 76 and Road 76 will then connect to Chapel Hill Boulevard which will allow traffic to go up that way and turn either east or west to traffic signals on Road 68 or Road 100. Commissioner Polk asked for clarification of it would be between 77-78 lots. Mr. McDonald stated that it just depends on what they do with the flag lot. He felt that they were going to lose a lot. Commissioner Roach moved, seconded by Commissioner Greenaway, to close the hearing on the proposed preliminary plat and set May 18, 2017 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. Page 132 of 137 PLANNING COMMISSION MINUTES 6/18/2017 C.Preliminary Plat Chiawana Place, 78-lots (Single-Family) (Derek Alexander) (MF# PP 2017-005) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the preliminary plat application for Chiawana Place. He noted changes to the staff report and plat since the previous meeting and referenced the revised plat layout that was handed out to the Commissioners prior to the meeting. Prior issues discussed at the previous hearing regarding a smaller than allowable lot size, lot frontage and a flag lot have been resolved. The developer redesigned the plat without losing any lots and the plat meets city code. Commissioner Roach asked if the redesigned plat takes the gas line into consideration. Mr. McDonald responded that it does; the gas line easement remained in the same spot and there are no homes infringing upon it. Commissioner Bowers moved, seconded by Commissioner Mendez, to adopt findings of fact and conclusions therefrom as contained in the May 8, 2017 staff report. The motion passed unanimously. Commissioner Bowers moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council approve the preliminary plat for Chiawana Place with conditions as listed in the May 18, 2017 staff report. The motion passed unanimously. Page 133 of 137 AGENDA REPORT FOR: City Council May 31, 2017 TO: Dave Zabell, City Manager Rick Terway, Interim Public Works Director Regular Meeting: 6/5/17 FROM: Troy Phillips, Division Manager Public Works SUBJECT: Bid Award - WWTP Immediate Needs Mechanical Package I. REFERENCE(S): Vicinity Map WWTP Immediate Needs Mechanical Package Work Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to award the WWTP Immediate Needs Mechanical Project to Industrial Constructors, Inc., in the amount of $223,716.00 and further, authorize the City Manager to execute the contract documents. III. FISCAL IMPACT: Water/Sewer Utility Fund - $223,716.00 IV. HISTORY AND FACTS BRIEF: Funding for improvements to the Wastewater Treatment Plant (WWTP) were included in the 2017 annual budget. Consultant MurraySmith had projected an immediate needs budget of $445,00000 necessary to address three (3) primary high impact/low cost operational enhancements whose implementation will significantly increase WWTP capacity. Those three enhancements are: Chemically Enhanced Primary Treatment (CEPT), Intermediate Clarifier Modifications, and Trickling Filter Modifications. The WWTP Immediate Needs Mechanical Package provides the necessary installation of associated valves, piping, and appurtenances designed to aid in the increase of plant capacity, also included in the project is the application of a concrete coating system to be applied to certain existing surfaces to extend their life. Notice of the bid opportunity was published through the City's MRSC Roster on May 19, 2017. Page 134 of 137 V. DISCUSSION: On May 24, 2017, the City received one (1) bid for the project from Industrial Constructors, Inc., in the amount of $223,716.00. The bid includes all necessary mechanical work for each of the immediate needs (CEPT, Intermediate Clarifier, and Trickling Filter). Given the complex nature of completing work on three disparate systems simultaneously and within the desired timeframe of July 1, 2017, in addition to the current regional construction boom which has the contract workforce capable of this work already at capacity, the receipt of a single bid was not unexpected. On similar projects statewide, municipalities are experiencing a 30-50% bump in project costs on smaller projects during the current construction season. Staff has reviewed the bid submittal and found no exemptions or irregularities and, therefore, recommends award of the contract to Industrial Constructors, Inc. of Kennewick, Washington. Page 135 of 137 Page 136 of 137 Wastewater Treatment Plant Immediate Needs Mechanical Package P a g e 1 3 7 o f 1 3 7