CENTRALIA CITY COUNCIL MEETING AGENDA Tuesday November 27, :00 p.m.

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1 CENTRALIA CITY COUNCIL MEETING AGENDA Tuesday November 27, :00 p.m. Council Members Peter Abbarno Council Position No. 3 At Large pabbarno@cityofcentralia.com Joyce Barnes Council Position No. 1 At Large jbarnes@cityofcentralia.com Lee Coumbs, Mayor Council Position No. 2 At Large lcoumbs@cityofcentalia.com Susan Luond Council District No. 4 sluond@cityofcentralia.com Cameron McGee Council District No. 1 cmcgee@cityofcentralia.com Rebecca Staebler Council District No. 2 rstaebler@cityofcentralia.com Max Vogt, Mayor Pro-Tem Council District No. 3 mvogt@cityofcentralia.com City of Centralia 118 W. Maple Street Centralia, WA City Website Call to Order Pledge of Allegiance Council Attendance 1) Approval of Agenda As Presented 2) Comments by the Public on Non Agenda Items 3) Reports a. City Council b. City Manager TBD Completed Projects Update Kim Ashmore -Citywide High Speed Internet Access Marc Baine -Council Wage Adjustment Process Rob Hill 4) Consent Agenda a. Voucher Approval November 27, 2018 (To be provided next week) b. Payroll Approval November 20, 2018 # and direct deposits # $126, c. Consideration of meeting minutes for November 13, 2018 (p 2) d. Consideration of Amendment #6 to the China Creek Floodwater Storage and Fish Habitat (p 7) e. Consideration of Interlocal Cooperation Agreement with Lewis County Wood Chips to the WWTP (p 12) 5) Consideration of Centralia Streetscape Project/Scope and Financing (p 16) 6) Consideration on first reading of an ordinance adding CMC Section Susan and Scott Street Sewer Reimbursement Program (p 19) 7) Consideration on first reading of an ordinance amending the 2018 Budget (p 25) 8) Consideration on second reading of an ordinance amending CMC Chapter C-2 Commercial Zoning District (p 31) 9) Consideration on second reading of an Ordinance amending CMC Chapter Building Regulations-International Property Maintenance Code (p 39) 10) Consideration on second reading of an Ordinance amending CMC Chapter Hearings Examiner Powers (p 44) 11) Consideration on second reading of an Ordinance setting the 2019 Property Tax Levy (p 48) 12) Final Public Hearing on the Proposed Biennial Budget 13) Consideration on second reading of an Ordinance on Proposed Biennial Budget (p 51) Adjournment City of Centralia s Mission Statement Continuously respond to citizens; Provide a clean, safe community in which to live, work and play in a historically rich environment; and Support and promote cultural diversity.

2 CITY OF CENTRALIA RECORD OF COUNCIL PROCEEDINGS Tuesday - November 13, :00 pm Mayor Coumbs called the meeting to order at 7:00 pm. Pledge of Allegiance Attendance Tyron Christopherson led the pledge of allegiance. Present: Absent: Mayor Coumbs, Mayor Pro-Tem Vogt, Councilor Staebler, Councilor Abbarno, Councilor McGee, Councilor Barnes and Councilor Luond. None. 1. Approval of Agenda - As Presented COUNCILOR ABBARNO MOVED, SECONDED BY COUNCILOR MCGEE, TO APPROVE THE AGENDA AS PRESENTED..motion PASSED Comments by the Public on Non Agenda Items Devin McCosh, library, addressed the Council and updated them on library issues. Stacy Kaech, Centralia, addressed the Council and noted her continued concerns with the Discovery Trail access area. 3. Presentations a. Unveiling of gift from Bank of America-Tyron Christopherson Mr. Christopherson and Emil Pierson unveiled a wood wall hanging that Bank of America donated to the City. b. Wastewater Employee Recognitions - Kim Ashmore Mr. Ashmore recognized Greg Boone and Justin Phelps for awards they recently received. c. Lewis County Update - Commissioner Stamper Commissioner Stamper addressed the Council and spoke on County issues. 4. Reports Councilor Abbarno - requested that staff go out and speak with each resident on Goodrich Road regarding the Discovery Trail access issues and spoke on the Severe Weather Shelter and training they offer for volunteers. 1 2

3 CITY OF CENTRALIA RECORD OF COUNCIL PROCEEDINGS Tuesday - November 13, :00 pm Councilor Luond - reported she attended the Lodging Tax funding Interviews and spoke on the Trick or Treat event in downtown Centralia. Councilor Staebler - reported she attended a CDA board meeting and the Centralia College Gala,. Councilor Barnes - reported she attended a Port Budget Hearing, a performance at the Legion and asked the City Manager to look into the process to raise the salary of the City Council. Councilor McGee - reported that there would be a Young Professionals meeting at the Shire from 5:oo -7:00 pm on November 14, Mayor Pro-Tem Vogt - read two letters into the record in favor of the Discovery Trail and updated the Council on the process of sorting for glass recycling. Mayor Coumbs - reported he attended a Southwest Washington Air Control meeting, a.edc 09 Fund meeting and the Centralia College Gala. Emil Pierson - spoke on the Downtown Food Testing Lab. Emil Pierson & Shannon Murphy-Olson - spoke on overnight park restrictions. Shannon Murphy-Olson & Kim Ashmore - updated the Council on the Horner Development and the Loan/Lien Program. Kim Ashmore and Josh Metcalf - updated the Council on the Discovery Trail issues. 5. Consent Agenda a. Voucher Approval - November 13, 2018 #218653, $1,720, b. Payroll Approval - November 5, 2018 # and direct deposits # $1,320, c. Consideration of meeting minutes for October 23, 2018 COUNCILOR ABBARNO MOVED, SECONDED BY COUNCILOR MCGEE, TO APPROVE THE CONSENT AGENDA WITH PULLING ITEM 5D OFF TO BE TAKEN UP SEPERATELY...motion PASSED d. Consideration of a Contract for the Survey Services for Preliminary Engineering & Right of Way phases of Harrison Avenue $91, City Engineer Jan Stemkoski reviewed this item with the Council. COUNCILOR ABBARNO MOVED, SECONDED BY COUNCILOR MCGEE, TO APPROVE THE 2 3

4 CITY OF CENTRALIA RECORD OF COUNCIL PROCEEDINGS Tuesday - November 13, :00 pm CONTRACT FOR THE SURVEY SERVICES FOR PRELIMINARY ENGINEERING & RIGHT OF WAY PHASES OF HARRISON AVENUE IN THE AMOUNT OF $91, motion PASSED Council direction on modifying the Design and Development Guidelines regarding Requirement for Frontage Improvements COUNCILOR ABBARNO MOVED, SECONDED BY COUNCILOR MCGEE, TO HAVE STAFF BRING THIS ITEM BACK AT A FUTURE MEETING WITH SUGGESTIONS AND RECOMMENDATIONS FOR ALLOWING MODIFICATIONS...motion PASSED (Mayor Coumbs and Councilor Barnes) 7. Consideration of a resolution declaring special market conditions for a Used Concrete Communication Building at Yelm Hydroelectric Project COUNCILOR ABBARNO MOVED, SECONDED BY COUNCILOR MCGEE, TO APPROVE A RESOLUTION WAIVING BIDDING REQUIREMENTS DUE TO SPECIAL MARKET CONDITIONS FOR THE PURCHASE OF A USED, 11.5 FT BY 20 FT CONCRETE COMMUNICATION BUILDING...motion PASSED Consideration of a resolution authorizing NIES to Execute loan documents and incur certain financial obligations to cobank COUNCILOR ABBARNO MOVED, SECONDED BY MAYOR PRO-TEM VOGT, TO APPROVE A RESOLUTION AUTHORIZING THE NORTHWEST INTERGOVERNMENTAL ENERGY SUPPLY TO EXECUTE LOAN DOCUMENTS AND INCUR CERTAIN FINANCIAL OBLIGATIONS TO COBANK...motion PASSED Consideration on first reading of an ordinance amending CMC Chapter C-2 Commercial Zoning District COUNCILOR ABBARNO MOVED, SECONDED BY COUNCILOR MCGEE, TO APPROVE ON FIRST READING AN ORDINANCE ADDING A NEW SECTION TO CHAPTER C-2 HIGHWAY COMMERCIAL DISTRICT OF THE CENTRALIA MUNICIPAL CODE AND REPEALING THOSE SECTIONS IN CONFLICT HEREWITH...motion PASSED Consideration on first reading of an Ordinance amending CMC Chapter Building Regulations-International Property Maintenance Code COUNCILOR ABBARNO MOVED, SECONDED BY COUNCILOR MCGEE, TO APPROVE ON FIRST READING AN ORDINANCE AMENDING CMC CHAPTER (F) THE INTERNATIONAL PROPERTY MAINTENANCE CODE, ADDING A NEW SECTION TO 3 4

5 CITY OF CENTRALIA RECORD OF COUNCIL PROCEEDINGS Tuesday - November 13, :00 pm CHAPTER ADOPTION OF INTERNATIONAL BUILDING CODES AND REPEALING THOSE SECTIONS IN CONFLICT HEREWITH...motion PASSED Consideration on first reading of an Ordinance amending CMC Chapter Hearings Examiner - Powers COUNCILOR ABBARNO MOVED, SECONDED BY COUNCILOR MCGEE, TO APPROVE ON FIRST READING AN ORDINANCE AMENDING CMC CHAPTER 2.18, SECTION ENTITLED HEARING EXAMINER-POWERS AND REPEALING THOSE SECTIONS IN CONFLICT HEREWITH...motion PASSED Public hearing related to General Fund Revenue Sources and the 2019 Property Tax Levy Finance Director Bret Brodersen reviewed the proposed 2019 Property Tax Levy with the Council and audience. Mayor Coumbs opened the public hearing at 9:49 pm. Peter Lahmann, Centralia, addressed the Council and noted that he would have liked paper copies available rather than only having the information on the overhead TV s. There being no comment on the property tax levy, Mayor Coumbs closed the public hearing at 9:50 pm. 13. Consideration on first reading of an Ordinance setting the 2019 Property Tax Levy COUNCILOR ABBARNO MOVED, SECONDED BY COUNCILOR MCGEE, TO APPROVE ON FIRST READING OF AN ORDINANCE BANKING THE 1% AND NOT INCREASE THE 2019 PROPERTY TAX LEVY...motion FAILED (Mayor Coumbs, Mayor Pro-Tem Vogt, Councilor Staebler and Councilor Barnes) COUNCILOR VOGT MOVED, SECONDED BY COUNCILOR BARNES, TO APPROVE ON FIRST READING OF AN ORDINANCE SETTING THE 2019 PROPERTY TAX LEVY AT A 1% INCREASE...motion PASSED (Councilor Abbarno, Councilor McGee and Councilor Luond) 14. Consideration on first reading of an Ordinance Finding a Substantial Need for the allowable 1% Property Tax increase This item was not discussed and should have been pulled at the beginning of the meeting. 4 5

6 CITY OF CENTRALIA RECORD OF COUNCIL PROCEEDINGS Tuesday - November 13, :00 pm 15. Public Hearing on the Proposed Biennial Budget Mr. Brodersen reviewed the proposed Biennial Budget with the Council and audience. Mayor Coumbs opened the public hearing at 10:11 pm. There being no public comment, Mayor Coumbs closed the public hearing at 10:11 pm. 16. Consideration on first reading of an Ordinance on Proposed Biennial Budget COUNCILOR ABBARNO MOVED, SECONDED BY COUNCILOR MCGEE, TO APPROVE ON FIRST READING AN ORDINANCE OF THE CITY OF CENTRALIA, WASHINGTON, ADOPTING THE BUDGET OF THE CITY OF CENTRALIA WASHINGTON, FOR THE YEAR 2018, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF...motion PASSED Adjournment COUNCILOR ABBARNO MOVED, SECONDED BY COUNCILOR MCGEE, TO ADJOURN THE MEETING AT 10:13 PM...motion PASSED Submitted By: Approved By: Deena Bilodeau, City Clerk Lee Coumbs, Mayor City of Centralia 5 6

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19 CITY OF CENTRALIA COUNCIL AGENDA REPORT To: Mayor and City Council Council Meeting Date: November 27, 2018 From: Subject: Kim Ashmore, Public Works Director Department: Wastewater Adding Chapter Susan and Scott Street Sewer Reimbursement Program to Title 15-Water and Sewers Background: On April 20, 2016 the Horner Family Limited Partnership entered into a Sewer Utility Reimbursement Contract with the City. The Horner Family Limited Partnership had extended sewer to their development located on Susan Street and Scott Street within the City of Centralia. The extension of the sewer fronted ten (10) parcels not within the development. City of Centralia codes provide that residential parcels within the City that are within 200 feet of the sewer must connect. As the sewer was part of a reimbursement contract, the parcels fronted are also required to pay their proportional share of the fees expended by the developer. Additionally, parcels owners are also responsible for the cost and construction of the side sewer connection and abandonment of septic currently on site. The ten (10) parcels affected are within the critical aquifer area. The addresses are as follows: 114 E. Alaska Way, 1901 N. Tower Avenue, 2003 N. Tower Avenue, 0 N. Tower Avenue, 2011 N. Tower Avenue, 2015 N. Tower Avenue, 2021 N. Tower Avenue, 2023 N. Tower Avenue, 214 Susan Street and 216 Susan Street. The cost for the connection to the sewer is a financial hardship to these residents. To ameliorate the effect of this financial burden, staff is proposing an ordinance which establishes a payment plan or lien option to the homeowners of the above-mentioned addresses for costs to connect to the City sewer. Financial Impacts: Implementation $ Annual Ongoing $ Funds in Current Budget Appropriation/Amendment Required Alternatives: 1. Staff was directed by Council to explore a sliding-scale option based on income levels. Staff determined that the most equitable way to have a sliding scale would be to use the criteria already established under CMC , Low income senior citizens and low income totally disabled customers that receive a discounted rate on utilities. It was learned that none of the parcel owners have taken advantage of the lower rates. 19

20 2. Council may direct staff to prepare an ordinance that waives the City s capitol facility charges for properties within the critical aquifer area to encourage hook up to City sewer and to bolster aquifer protection. Recommendation: Staff recommends that the City Council authorize staff to send letters to the homeowners listed above and enter into agreements to execute a payment plan or lien option to those parcels affected by the reimbursement agreement. 20

21 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CENTRALIA ADDING A NEW CHAPTER TO TITLE 15 WATER AND SEWERS, ENTITLED CHAPTER SUSAN AND SCOTT STREET SEWER REIMBURSEMENT PROGRAM FOR PROPERTY LOCATED IN CENTRALIA, LEWIS COUNTY WASHINGTON Whereas, RCW Chapter 35.91, authorizes a municipality to contract for the construction or improvement of water or sewer facilities that the owner elects to install solely at the owner s expense in locations where a municipality s ordinances require the facilities to be improved or constructed as a prerequisite to further property development; and Whereas, CMC Chapter gives the City the authority to contract with owners of real estate for the construction of storm, sanitary sewer or combination services; and Whereas, the reimbursement period is for a period not to exceed 15 years (CMC ); and Whereas, the City entered into a Sewer Utility Reimbursement Contract with the Horner Family Limited Partnership on April 20, 2016 for reimbursement for the extension of a sewer line to serve their development on Susan and Scott Street; and Whereas, the Horner Family Limited Partnership expended approximately $266, to extend utilities to provide sewer services to their development on Susan Street and Scott Street; and Whereas, the area in which the sewer was extended is within the City s critical aquifer area as identified in CMC chapter 16.18; and Whereas, in order to provide utility services to the development, the sewer utility required an extension of the sewer which fronted ten (10) parcels outside the development; and Whereas, the 10 parcels outside the development are required by CMC (B) to hook-up to sewer when available within 200 feet of a parcel; and Whereas, the 10 parcels are also subject to the Sewer Utility Reimbursement Contract to pay their proportional share of the sewer line extension; and Whereas, the cost per hook up will be approximately $20, ($7, connection fee, $13, latecomers reimbursement fee, $50.00 permit fee); and Whereas, in addition, each parcel owner is responsible for the cost and construction of running the side sewer from the sewer line to their residence and to abandon their septic systems according to rules established by Lewis County; and Ordinance/2018/Horner Sewer Ext 1 21

22 Whereas, the cost for hook up to the sewer is a financial hardship on many of the 10 parcels outside of the Susan and Scott Street development, the City is offering a payment plan or authorization for the City to place a lien on the property if the property owner so chooses; and Whereas, the payment program would be for a period of years at % interest to be paid monthly; and Whereas, Council approval is required for the City Manager and City Public Works Director to enter into the necessary documents with those parcel owners effected by this Reimbursement Agreement. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CENTRALIA AS FOLLOWS: Section 1 Chapter SUSAN AND SCOTT STREET SEWER REIMBURSEMENT PROGRAM Sections: Definitions Schedule of charges Agreements Definitions. As used in this chapter, the following definitions shall apply: A. Beneficiaries means all new recipients of sewer service in the area of Susan and Scott Street which include the following parcels: N. Tower Parcel # N. Tower Parcel # N. Tower Parcel # N. Tower Parcel # N. Tower Parcel # (this is bare land and not subject to sewer connection and associated fees until developed) N. Tower Parcel # Susan St. Parcel # Susan St. Parcel # E. Alaska Way Parcel # N Tower Parcel # B. Susan and Scott Street Sewer Reimbursement Program means that construction designated by Sewer Utility Reimbursement Contract, dated, April 20, 2016, with developer Horner Family Limited Partnership, recorded under Lewis County Auditor # Ordinance/2018/Horner Sewer Ext 2 22

23 C. Recipients means those persons, firms or corporations receiving sanitary sewer service as part of the Horner Family Limited Partnership Sewer Extension as codified in this chapter and pursuant to the terms hereof. D. Service connection is defined as that part of the side sewer that is located on publicly owned rights-of-way. E. Side sewer is defined as set forth in the current ordinances of the city of Centralia Schedule of charges. The following charges, applicable to new recipients of sewer service under this chapter, are in addition to all other charges in effect under other ordinances for sewer services provided by the city of Centralia: A. Capital Facility Fee - $7, B. Latecomers Reimbursement Fee - $13, C. Permit Fee - $50 D. Additional Costs Construction and connection of side sewer and decommissioning of sewer system Agreements. The City Manager and Public Works Director are authorized to execute agreements with property owners related to the extension of sewer to the Susan and Scott Street and to accept deeds of trust and promissory notes from the property owners or in the alternative to place liens on the properties. The potential customer must agree to abide by the terms of this chapter and other ordinances of the city of Centralia governing the charges and regulations for use of Centralia s sanitary sewer system, as same now exist or are hereafter amended; provided, however, this provision shall not apply to sewer service for real property located within the city of Centralia. Section 2 That the provisions of this ordinance are declared to be severable and in the event a court of competent jurisdiction declares any portion of this ordinance invalid, the remaining provisions shall be unaffected there by. Section 3 That any previously enacted ordinance, or part thereof in conflict herewith be and the same hereby is repealed to the extent of such conflict. Ordinance/2018/Horner Sewer Ext 3 23

24 Section 4 This ordinance shall become effective five days after its passage and publication as required by law. PASSED by the City Council of the City of Centralia, Washington for the first reading on the day of November, 2018 and the second and final reading on the day of December, ATTEST: M A Y O R City Clerk APPROVED AS TO FORM: City Attorney Ordinance/2018/Horner Sewer Ext 4 24

25 CITY OF CENTRALIA COUNCIL AGENDA REPORT To: Mayor and City Council Council Meeting Date: November 27, 2018 From: Bret D. Brodersen Department: Finance Subject: Consideration of approval of an Ordinance authorizing increases in the 2018 Adopted Budget Background: The City of Centralia Budget for 2018 was approved at $61,367,189. The budget was amended in June 2018 to increase the budget to $65,093,448. The proposed Budget Amendment Ordinance increases appropriations for expenditures in the City s General Fund and other funds. Changes are proposed to meet requirements initiated by legislative action and to meet other needs recognized since the June amendment action to approve the 2018 budget. The requested changes are detailed in the staff report attached and summarized on the proposed ordinance. Financial Impacts: The proposed amendment increases the total City budget by $177,977. The budgets for remaining other funds not outlined in the staff memo continue as adopted. If approved, this amendment will result in a total City budget of $65,271,425. Implementation $ 177,977 Annual Ongoing $ X Funds in Current Budget Appropriation/Amendment Required Recommendation: Accept or amend for first reading and place on second reading and adoption at December 11 th meeting. 25

26 FINANCE DEPARTMENT Date: November 27, 2018 To: City Council Members Via Rob Hill, City Manager From: Bret D. Brodersen, Finance Director Subject: Second Amendment to the 2018 Adopted Budget Purpose: To describe the changes proposed in the Second 2018 Budget Amendment scheduled for Council action on November 27, Background: On November 24, 2017, the City of Centralia Budget for 2018 was approved at $61,367,189. On June 12, 2018 the council approved the first budget amendment for 2018 increasing the budget to $65,093,448. Since adoption of the budget amendment in June additional revenues and unanticipated expenses have been identified. Authority: The Revised Codes of Washington provide that a legislative body may adjust the adopted budget by adopting a subsequent ordinance at a regularly scheduled public meeting. Budget Changes Proposed: The proposed changes would increase appropriations for the City budget by $177,977 for a new total of $65,271,425. Unbudgeted new financing sources cover the proposed expenditure increases. Financing Sources: Financing sources for this amendment include unbudgeted revenues of $177,977. The proposed appropriation increases are as follows: General Fund: Increase in the general fund for receipt of time loss payment and overtime reimbursement for the police department of $27,780. Increase funding by $50 for reimbursed training for the human resources department. Increase police department funding of $15,147 vehicle insurance payments and auction proceeds to repair and maintain police vehicles. Increase building department funding of $35,000 for painting the depot building. 26

27 PROPOSED 2018 BUDGET AMENDMENT Increase in the building department to clean and repair the Train Depot Roof $25,000. Increase special appropriations to purchase remote control mower for street and parks department $50,000. Other Funds: Increase in JNET Seizure Fund 111 of $25,000 for evidence room improvements. Appropriation Changes by Fund Although each proposed budget change is discussed by expenditure category and department, the modifying ordinance will only show the total change in appropriations for each fund. The City adopts budgets at the fund level. RECOMMENDATION: Approve, or modify and then approve, Ordinance No. incorporating the requested budget changes described above. Conduct first reading of said Ordinance and pass for second and final reading on December 11, Attachment: Proposed Budget Amendment Ordinance 27 2

28 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CENTRALIA, WASHINGTON, AMENDING THE 2018 BUDGET BY INCREASING THE APPROPRIATIONS IN CERTAIN FUNDS FROM WHAT WAS ANTICIPATED AT THE TIME SAID BUDGET WAS ADOPTED WHEREAS, the City Council approved the 2018 Adopted Budget in Ordinance No on November 28, 2017, and WHEREAS, the City Council approved the first budget amendment of 2018 in Ordinance No on June 12, 2018 WHEREAS, since adoption of the first budget amendment, additional financing has developed, adjustments are needed to respond to legislative requirements, and a special revenue fund has been created, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CENTRALIA, WASHINGTON, DO ORDAIN as follows: Section 1 The 2018 budget amounts for revenues and expenditures for the City of Centralia is amended with changes to the following named funds in the amounts shown: Fund FUND NAME Amended Budget Proposed Change Amended Budget 001 GENERAL FUND $11,185, ,977 $11,338, STREET FUND 1,293,871 1,293, PATHS & TRAILS FUND 11,943 11, REPAIR & DEMOLITION FUND 16,127 16,127 ELECTRIC UTILITY REVOLVING FUND PARK IMPROVEMENT FUND STADIUM FUND 1,267, , CONFISCATIONS/SEIZURES FUND 145,426 25, ,426 LAW ENFORCEMENT GRANT 112 FUND INDOOR POOL FUND 120, ,000 BORST PARK CONSTRUCTION FUND 71,200 71, BORST HOME FUND 1,000 1, WASH LAWN CEMETERY FUND

29 131 LANDFILL CLOSURE FUND LANDFILL OPERATING TRUST FUND TRANSPORTATION BENEFIT FUND 651, , /7 SOBRIETY FUND 50,525 50, DEBT SERVICE FUND 135, , CAPITAL PROJECTS FUND 230, ,600 ENERGY EFFICIENCY CAPITAL 303 PROJECT FUND 15,000 15, FLOOD CAPITAL PROJECTS 2,566,500 2,566, CITY LIGHT FUND 29,850,361 29,850, WATER FUND 6,193,270 6,193, WASTEWATER FUND 9,001,464 9,001, STORM & SURFACE WATER FUND 997, , EQUIPMENT RENTAL FUND 590, , INFORMATION SERVICES FUND 671, , FIREMEN'S PENSION FUND 27,572 27,572 TOTAL APPROPRIATIONS $65,093,448 $177,977 $65,271,425 Section 2 The provisions of this ordinance are declared to be severable and in the event a court of competent jurisdiction declares any portion of this ordinance invalid, the remaining provisions shall be unaffected thereby. Section 3 That any previously enacted ordinance, or part thereof, in conflict herewith be and the same hereby is repealed to the extent of such conflict. Section 4 That such amendments are for the best interest of the City and the same shall take effect immediately upon its passage and publication as provided by law. 29

30 Section 5 PASSED by the City Council of the City of Centralia, Washington for the first reading on the 27th day of November, 2018 and the second and final reading on the 11th day of December MAYOR ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 30

31 CITY OF CENTRALIA COUNCIL AGENDA REPORT To: Mayor and City Council Council Meeting Date: November 27, 2018 From: Emil Pierson, Director Department: Community Development Subject: Consideration of Amending the Zoning Ordinance by adding a new section to Chapter C-2 Highway Commercial The City Council on May 22 nd postponed the decisions on Amendments to the Zoning Ordinance specifically items #2-8 dealing with requiring certain colors. The Planning Commission started their discussion on the Zoning Ordinances Amendments on June 14 th, August 9 th, September 13 th, and then again on October 11 th. On the October 11 th meeting they decided to recommend not requiring any colors in the C-1 (General Commercial District), LBD (Limited Business District), H-1 (Health Services District), M-1 (Light Industrial District), M-2 (Heavy Industrial District), or the OS/PF (Open Space/Public Facilities District). The Planning Commission did recommend that the C-2 (Highway Commercial District) be required to not only have color requirements but that the zone also have design performance standards since it is a gateway into the City. The following ordinance has the recommended changes from the Planning Commission. Staff also attached the Planning Commission draft minutes from their October 11 th meeting where this was discussed. Financial Impacts: N/A Implementation $ Annual Ongoing $ 0.00 Funds in Current Budget Appropriation/Amendment Required RECOMMENDATION: The Planning Commission recommended approving the Zoning Ordinance Text Amendment for CMC

32 DRAFT PLANNING COMMISSION MINUTES ~ Thursday, October 11, 2018 ~ 6:00 p.m. 118 Maple Street, City Hall, Centralia, WA 1. CALL MEETING TO ORDER A. Pledge of Allegiance B. Roll Call Commission Vice Chairperson - Bill Gannon: Present Commission Member - Rosie O'Connor: Absent Commission Member - Dean Phillips: Present Commission Member - Todd McCann: Absent Commission Chairman - Vacant Commission Member - Levi Althauser: Present Commission Member - Jakob McGhie: Present C. Approval of Planning Commission Agenda for October 11, 2018 MOTION TO APPROVE PLANNING COMMISSION AGENDA FOR OCTOBER 11, 2018 Commission Member - Levi Althauser: Motion Commission Member - Jakob McGhie: 2nd Commission Vice Chairperson - Bill Gannon: Approve Commission Member - Dean Phillips: Approve Commission Member - Todd McCann: Absent Commission Member - Rosie O'Connor: Absent Commission Member - Vacant: Absent D. Approval of PC Minutes from August 9, 2018 Commission Member - Jakob McGhie: Motion Commission Member - Levi Althauser: 2nd 1 32

33 Commission Vice Chairperson - Bill Gannon: Approve Commission Member - Dean Phillips: Approve Commission Member - Todd McCann: Absent Commission Member - Rosie O'Connor: Absent Commission Member - Vacant: Absent E. Public Comments not associated with agenda items NONE F. Other Business NONE 2. WORKSHOP: Zoning Ordinance Text Amendments City Council request to review Text Amendment(s) proposal for specific color schemes in certain Zoning Districts Planning Commission make recommendation to City Council on May 10, 2018, for text change on colors City Council postpones the color text change on May 22, 2018 requests Planning Commission to review color text and make a new recommendation June 14, 2018 PC discusses and postpones item to July 12th July 12, 2018 PC cancels meeting August 9, 2018 PC discusses item and postpones to September 13th September 13, 2018 PC discusses item and postpones to Oct. 11 th Commissioner McGhie passed out wording examples from other cities on possible wording. A discussion occurred about how this could work. 3. WORKSHOP: Zoning Ordinance Text Amendment CMC (request to allow marijuana in C-1 zoning district. 2 33

34 Discussion occurred pertaining to pass recommendations pertaining to this issue and wording. Commissioner McGhie asked what is different about this request than in the past nothing. Mr. Ron Greenwood brought up that the City is only allowed three total retail stores. He also brought up the amount of taxes the City could receive with retail stores. The following is wording is being proposed: C. Marijuana producers, marijuana processors, and marijuana retailers shall only be allowed within the city of Centralia in those zoning districts where they are specifically identified as an allowed use. 1. Marijuana retailers shall only be allowed in the M-2 industrial zoning district and the C-1, General Commercial District. 2. Marijuana producers and processors shall only be allowed only in the M-2 industrial zoning district. D. The production, processing, selling, or delivery of marijuana, marijuana-infused products, or usable marijuana may not be conducted in association with any business establishment, dwelling unit, or home occupation located in any of the following zoning districts in the city of Centralia: 1. Very low-density residential district (R:2). 2. Low-density residential district (R:4). 3. Moderate-density residential district (R:8). 4. Medium-high-density residential district (R:15). 5. High-density residential district (R:20). 6. Health services district (H-1). 7. Open space/public facilities district (OS/PF). 8. Port master plan district (PMP). 9. Limited business district (LBD). 10. General commercial district (C-1). 11. Highway commercial district (C-2). 12. Core commercial district (C-3). 13. Light industrial district (M-1). MOTION WAS MADE TO CLOSE WORKSHOP AND AMEND THE PLANNING COMMISSION AGENDA TO MAKE A RECOMMENDATION TO THE CITY COUNCIL PERTAINING TO THE COLOR SCHEMES IN SPECIFIC ZONING DISTRICTS. Commission Member - Jakob McGhie: Motion Commission Member - Levi Althauser: 2nd 3 34

35 Commission Vice Chairperson - Bill Gannon: Approve Commission Member - Dean Phillips: Approve Commission Member - Todd McCann: Absent Commission Member - Rosie O'Connor: Absent Commission Member - Vacant: Absent A MOTION WAS MADE RECOMMENDING TO THE CITY COUNCIL TO ONLY MAKE CHANGES TO THE C-2 ZONING AND NO OTHER ZONES AND ADD THE FOLLOW WORDING TO THE C-2 ZONING. Commission Member - Jakob McGhie: Motion Commission Member - Levi Althauser: 2 nd Commission Vice Chairperson - Bill Gannon: Approve Commission Member - Dean Phillips: Approve Commission Member - Todd McCann: Absent Commission Member - Rosie O'Connor: Absent Commission Member - Vacant: Absent Performance Standards A. Intent. The following standards are intended to enhance the appearance of buildings and promote a high quality of design in order to protect the public health, safety, and welfare. The intent of these standards is to: 1. Encourage greater design compatibility with surrounding areas and establish a precedent for high-quality design in areas with no established character; 2. Achieve greater architectural variation and interest through standards for the design of roofs, exterior walls and the use of exterior finish materials; 3. Encourage greater architectural cohesiveness and compatibility within a new development of multiple buildings; and 4. Reduce the negative visual impact of features and site improvements such as mechanical equipment. B. Urban Design. It is intended that these standards apply to the primary facade of the building and to all sides of the building that may be visible from the public rights-of-way or adjacent businesses or residential neighborhoods. The design character of a building should be compatible (share similar features such as color, scale, massing, height, and materials) with adjacent buildings but is encouraged to have features or characteristics that are different. 4 35

36 Building Design. All building sides facing public streets shall incorporate a substantive use of building elements, as approved by the city to achieve a distinctive character. A recognizable base treatment of the wall consisting of thicker walls, ledges or sills using integrally textured and colored materials such as stone, masonry, or a decorative concrete or some other architectural feature that breaks up the exterior horizontal and vertical mass of the wall. Building materials such as brick, stone, concrete, tile, steel, wood, and metal are required. 2. The climate in Centralia is such that in the summer months shade is preferred, and in the winter months protection from the rain and wind is necessary. Therefore, at least thirty percent of the horizontal length of the front walkway or facade shall be covered with awnings, porticos, arcades, or some other architectural feature or treatment which adds definition to the building openings, walkways or entrances. 3. Building Colors. Colors for building and other elements should be medium to dark earth tones. Accent colors used to call attention to a particular feature or portion of a building, or to form a particular pattern, shall be compatible with predominant building base colors and may be incorporated using such elements as shutters, building trim and awnings and shall cover no more than five percent of a building facade. 4. Architectural and building materials review will be critical in this district to ensure that new, reoccupied or remodeled structures maintain an appearance which is highly compatible with adjoining commercial and residential areas. 5. New buildings and/or extensively remodeled (over 50% of the taxable value based on the most recent Lewis County PATS system) will be required to conform to these requirements performance standards. MOTION TO ADJOURN MEETING Commission Member - Jakob McGhie: Motion Commission Member - Levi Althauser: 2nd Commission Vice Chairperson - Bill Gannon: Approve Commission Member - Dean Phillips: Approve Commission Member - Todd McCann: Absent Commission Member - Rosie O'Connor: Absent Commission Member - Vacant: Absent, Chairman Date: Bill Gannon, Vice Chairman 5 36

37 ORDINANCE AN ORDINANCE OF THE CITY OF CENTRALIA, WASHINGTON, ADDING A NEW SECTION TO CHAPTER C-2 HIGHWAY COMMERCIAL DISTRICT OF THE CENTRALIA MUNICIPAL CODE AND REPEALING THOSE SECTIONS IN CONFLICT HEREWITH BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CENTRALIA AS FOLLOWS: Section 1 That a new section be added to Centralia Municipal Code Chapter C-2 Highway Commercial District and the same hereby is created to read as follows: Performance standards. A. Intent. The following standards are intended to enhance the appearance of buildings and promote a high quality of design in order to protect the public health, safety and welfare. The intent of these standards is to: 1. Encourage greater design compatibility with surrounding areas and establish a precedent for high quality design in areas with no established character; 2. Achieve greater architectural variation and interest through standards for the design of roofs, exterior walls and the use of exterior finish materials; 3. Encourage greater architectural cohesiveness and compatibility within a new development of multiple buildings; and 4. Reduce the negative visual impact of features and site improvements such as mechanical equipment. B. Urban Design. It is intended that these standards apply to the primary facade of the building and to all sides of the building that may be visible from the public rights-of-way or adjacent businesses or residential neighborhoods. The design character of a building should be compatible (share similar features such as color, scale, massing, height and materials) with adjacent buildings but is encouraged to have features or characteristics that are different. 1. Building Design. All building sides facing public streets shall incorporate a substantive use of building elements, as approved by the city to achieve a distinctive character. A recognizable base treatment of the wall consisting of thicker walls, ledges or sills using integrally textured and colored materials such as stone, masonry, or a decorative concrete or some other architectural feature that breaks up the exterior horizontal and vertical mass of the wall. Building materials such as brick, stone, concrete, tile, steel, wood, and metal are required. 2. The climate in Centralia is such that in the summer months shade is preferred, and in the winter months protection from the rain and wind is necessary. Therefore, at least thirty percent of the horizontal length of the front walkway or facade shall be covered with awnings, porticos, arcades, or some other architectural feature or treatment which adds definition to the building openings, walkways or entrances. Ordinance/2018/Chapter adding section

38 3. Building Colors. Colors for building and other elements should be medium to dark earth tones. Accent colors used to call attention to a particular feature or portion of a building, or to form a particular pattern, shall be compatible with predominant building base colors and may be incorporated using such elements as shutters, building trim and awnings and shall cover no more than five percent of a building facade. 4. Architectural and building materials review will be critical in this district to ensure that new, reoccupied or remodeled structures maintain an appearance which is highly compatible with adjoining commercial and residential areas. 5. New buildings and/or extensively remodeled (over 50% of the taxable value based on the most recent Lewis County PATS system) will be required to conform to these requirements performance standards. Section 2 That the provisions of this ordinance are declared to be severable and in the event a court of competent jurisdiction declares any portion of this ordinance invalid, the remaining provisions shall be unaffected thereby. Section 3 That any previously enacted ordinance, or part thereof in conflict herewith be and the same hereby is repealed to the extent of such conflict. Section 4 This ordinance shall become effective five days after its passage and publication as required by law. PASSED by the City Council of the City of Centralia, Washington for the first reading on the day of November, 2018 and the second and final reading on the day of November, ATTEST: M A Y O R City Clerk APPROVED AS TO FORM: City Attorney Ordinance/2018/Chapter adding section

39 CITY OF CENTRALIA COUNCIL AGENDA REPORT To: Mayor and City Council Council Meeting Date: November 27, 2018 From: Shannon M. Murphy-OIson Department: City Attorney Subject: Amending the International Property Maintenance Code; Abatement and Violations, Giving the Hearings Examiner Authority to Hear Appeals and Adding Definition of Code Official to Mean Director of Community Development or his/her Designee Background: The International Property Maintenance Code has been on the list of Building Codes adopted by the City under Chapter It has not been a tool that we have used. In reviewing the Code, it will give the City s Code Enforcement Officer and Building Inspector additional tools to deal with nuisance and delinquent properties. The amendments to the International Property Code that are before Council for consideration are the following: 1. Adding definition of code official to mean the Director of Community Development or his/her designee and amending the reference of code official throughout the code. 2. The prosecution of violations under this code are left to the jurisdiction using the code. Chapter is adopted, as already codified as the abatement and violation section, to be used under the International Property Code. 3. The Hearings Examiner is given the authority to hear appeals from this section of the code and the Board of Appeals referenced in the code is eliminated. Staff would recommend the passage of this Ordinance to give the Code Enforcement Officer and the Building Inspector additional tools for dealing with blighted and delinquent properties, while giving the property owner reasonable due process. Financial Impacts: Implementation $ Annual Ongoing $ Funds in Current Budget Appropriation/Amendment Required Alternatives: Recommendation: Pass Ordinance on second reading 39

40 ORDINANCE AN ORDINANCE OF THE CITY OF CENTRALIA, WASHINGTON, AMENDING CENTRALIA MUNCIPAL CODE (C.M.C) CHAPTER (F) -THE INTERNATIONAL PROPERTY MAINTENANCE CODE, ADDING A NEW SECTION TO CHAPTER ADOPTION OF INTERNATIONAL BUILDING CODES, AND REPEALING THOSE SECTIONS IN CONFLICT HEREWITH BE IT ORDANINED BY THE CITY COUNCIL OF THE CITY OF CENTRALIA AS FOLLOWS: Section 1 Centralia Municipal Code Section (F), entitled the International Property Maintenance Code, Sections 103.1, 103.2, 106, 107 and Section 111 are amended to read as follows: F. The International Property Maintenance Code, 2015 Edition. The following sections of the International Property Maintenance Code, 2015 Edition, are deleted amended: 1. Section General [A] General. The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official Director of Community Development or his/her designee. All references to code official shall mean the Director of Community Development or his/her designee. 2. Section Appointment [A] Appointment. The code official Director of Community Development shall be appointed by the chief appointing authority of the jurisdiction is hereby appointed as the code official. 3. Section 106 Violations shall be reinstated in its entirety with the following amendments: [A] Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality indicated in CMC Chapter , and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Ordinance/2018/Amend Intl Prop Maint Code

41 [A] Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws in accordance with CMC Chapter Each day that a violation continues after due notice has been served shall be deemed a separate offense. 4. Section 107 Notices and Orders shall be reinstated in its entirety with the following amendment: [A] Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section CMC Chapter Section 111 Board Means of appeals. [A] Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals Hearings Examiner, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. [A] Membership of board. The board of appeals shall consist of not less than three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms. [A] Alternate members. The chief appointing authority shall appoint not less than two alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership. [A] Chairman. The board shall annually select one of its members to serve as chairman. [A] Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest. [A] Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer. Ordinance/2018/Amend Intl Prop Maint Code

42 [A] Compensation of members. Compensation of members shall be determined by law. [A] Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. [A] Open hearing. Hearings before the board Hearings Examiner shall be open to the public. The appellant, the appellant s representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a minimum of two-thirds of the board membership. [A] Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. [A] Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appellant s representative shall have the right to request a postponement of the hearing. Postponement or continuance of an appeal maybe requested by either Party to the matter. All postponements or continuances of a hearing shall be approved or denied by the Hearings Examiner. [A] Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members. [A] Records and copies. The decision of the board Hearings Examiner shall be recorded. Copies shall be furnished to the appellant and to the code official. [A] Administration. The code official shall take immediate action in accordance with the decision of the board. [A] Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. [A] Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board Hearings Examiner. Ordinance/2018/Amend Intl Prop Maint Code