HomeMy WebLinkAbout2012.03.05 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. March 5, 2012
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 Councilmembers or the public,
the item may be removed from the Consent Agenda to the Regular Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated February 21, 2012.
(b) Bills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
1. To approve General Claims in the amount of $780,524.85 ($46,900.47 in the form of
Electronic Fund Transfer Nos. 9300 and 9344, and $733,624.38 in the form of Wire Transfer
Nos. 1176, 1177 and 1181 through 1184; and Claim Warrants numbered 186527 through
186738).
2. To approve Payroll Claims in the amount of $2,015,174.39, Voucher Nos. 43775 through
43840 and 80120 through 80129; and EFT Deposit Nos. 30050150 through 30050699.
(c) Amendment No. 1 to Professional Services Agreement with HDR Engineering, Inc., for
Wastewater Treatment Plant Improvements:
1. Agenda Report from Ahmad Qayoumi,Public Works Director dated February 22,2012.
2. Amendment No. Ito September 19, 2011 Professional Services Agreement.
To approve Amendment No. 1 to the September 19, 2011 Professional Services Agreement with
HDR Engineering, Inc., authorizing additional engineering services for Wastewater Treatment
Plant Improvements, not to exceed $15,070 and, further, authorize the Mayor to sign the
agreement.
(d) Professional Services Agreement with HDR Engineering, Inc., for Wastewater Treatment
Plant Improvements-Construction:
1. Agenda Report from Ahmad Qayoumi,Public Works Director dated February 22,2012.
2. Professional Services Agreement.
To approve the Professional Services Agreement with HDR Engineering, Inc., authorizing
engineering construction services for Wastewater Treatment Plant Improvements, not to exceed
$45,774 and, further, authorize the Mayor to sign the agreement.
*(e) Resolution No. 3378, a Resolution fixing the time and date for a public hearing to consider the
vacation of a portion of East "B" Street and a portion of South Gray Avenue and South Myrtle
Avenue.
1. Agenda Report from Dave McDonald, City Planner dated February 29, 2012.
2. Overview Map.
3. Vicinity Map.
4. Proposed Resolution.
5. Vacation Petition.
To approve Resolution No. 3378, setting 7:00 pm, Monday, April 2, 2012 as the time and date to
conduct a public hearing to consider vacating a portion of East "B" Street, a portion of South
Gray Avenue and South Myrtle Avenue.
(RC) MOTION: I movv lu approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(c)
Regular Meeting 2 March 5, 2012
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(C)
7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(None)
S. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
(a) Resolution No. , a Resolution of the City of Pasco, Washington authorizing an Interlocal
Agreement with Pasco School District Igo. 1 for the assessment of School Impact Fees.
1. Agenda Report from Rick White, Community & Economic Development Director dated
February 29, 2012.
2. Proposed Resolution_
mCI'I`1ON: I T110 Ve to approvu Resolutimi No. auths)rizittg th;; Mayor to sign the Interlocal
Agrmmcnt with tlic N=o School District for the r+s ssmcnt of School Impact Fees.
(b) Ordinance No. , an Ordinance of the City of Pasco, Washington creating a new Chapter
3.133 "School Impact Fees" and creating a new Section 3.07.230 "School Impact Fees,"
1. Agenda Report from Rick White, Community & Economic Development Director dated
February 29, 2012.
2. Proposed Ordinance.
3. Memorandum to the City Manager.
MOTION: 1 move: to adopt Ordinance No. , creating a new Chapter 3.133 "School impact
Fees" and creating a new Section 3.07.23 -School Impact fees'' arid, fur ,fier, authorize
publication by summary onty.
*(c) Ordinance No. , an Ordinance of the City of Pasco, Washington amending Title 16 of the
Pasco Municipal Code,regarding time limitation of Building Permit Applications,
1. Agenda Report. from Rick White, Community & Economic Development Director dated
February 29, 2012.
2. Proposed Ordinance.
3. Memo to the City Manager.
MOTION: I move to adopt Ordinance No_ _. a acing a new section in Title 16 of (lie
Pasco Municipal Code concerning the time lintit of applications for building permits and. further.
authorize publication by summary only.
9. UNFINISHED BUSINESS:
(None)
I0. NEW BUSINESS:
*(a) Process Water Reuse Facility Irrigation Circle Replacement Project No. C7-SR-2R-12-01:
L Agenda Report from Mike Pawlak, City Engineer dated February 29, 2012.
2. Vicinity Map.
(RC) MOTION: 1 move to award the low bits fir 11}e Prucess Water Reuse Facility Irrigation Circle
Replacement to Valmont Northwest. Inc., in the amount of$97,825,27, plus applicable sales tax
and, further.authorize, the Mayor to sign the contract docuTnents.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
Regular Meeting 3 March 5,2012
12. EXECUTIVE SESSION:
(a)
(h)
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
MF# "Master File 9...."
Q Quasi-Judicial Matter
REMINDERS:
1. 1:30 p.m., Monday, March 5, KGH — Emergency Medical Services Board Meeting.
(COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.)
2. 12:00 p.m., Wednesday, March 7, 2601 N. Capitol Avenue — Franklin County Mosquito Control District
Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.)
3. 12:00 p.m., Wednesday, March 7, Pasco Red Lion — TRIDEC's 49"' Annual Meeting and Awards
Luncheon. (COUNCILMEMBERS MIKE GARRISON and TOM LARSEN)
4. 7:00 a.m., Thursday, March 8, Cousin's Restaurant — BFCG Tri-Mats Policy Advisory Committee
Meeting. (COUNCILMEMBER BOB HOF'F'MANN, Rep.; REBECCA FRANCIK, Alt.)
5. 7:00 p.m., Thursday, March 8, Transit Facility — Ben-Franklin Transit Board Meeting. (MAYOR MATT
WATKINS,Rep.; COUNCILMEMBER MIKE GARRISON,Alt.)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 21, 2012
CALL TO ORDER:
The meeting was called to order at 7:00 p,m, by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom
Larsen, Saul Martinez, Matt Watkins and Al Yenney.
Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel,
Deputy City Manager; Rick White, Community & Economic Development Director;
Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief and Michael
Pawlak, City Engineer.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA.
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated February 6, 2012.
(b) Bills and Communications:
To approve General Claims in the amount of$842,590.46 ($98,939.76 in the form of
Electronic Fund Transfer Nos. 9066, 9089, 9103, 9132, 9144 and 9154; and $743,650.70
in the form of Wire Transfer Nos. 1178 through 1180; and Claim Warrants numbered
186314 through 1 86526).
To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts,
miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking)
accounts receivable in the total amount of$229,581.89 and, of that amount, authorize
$183,109.18 be turned over for collection.
(e) Estate Fence Issue:
To schedule a public meeting on the Estate Fence issue for March 12, at 7:00 pm and to
authorize the Mayor to sign the letter to property owners.
(d) Orthophotography Intergovernmental Agreement:
To approve the Intergovernmental Agreement with Franklin County for aerial
photography and orthophoto mapping of areas within the City of Pasco and, further,
authorize the Mayor to sign the agreement.
(e) Right-of-Way Dedication for a Portion of 4th Avenue (MF# DEED2012-001):
To accept the deeds from K&K Carwash and 1&V Property, Inc., for a portion of the 4th
Avenue right-of-way.
(f) Resolution No. 3376, a Resolution accepting work performed by Big D's
Construction, under contract for the Linda Loviisa Park Improvements, Project No.
C6-11-02-PRK.
To approve Resolution No, 3376, accepting the work performed by Big D's Construction,
under contract for the Linda Loviisa Park Improvements, Project No. C6-1 l-02-PRK.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
I 3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 21, 2012
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Yenney reported on the Benton Franklin Council of Governments Board meeting,
Mr. Hoffmann reported on the local Good Roads & Transportation Association Board
meeting.
PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
Street Vacation (MF# VAC2011-009) Portion of Maitland Avenue and "C" Street
(Torres).
Mr. White explained the details of the proposed vacation.
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED
VACATION.
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING
NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED.
Ordinance No. 4041, an Ordinance vacating a portion of South Maitland Avenue
and a portion of East "C" Street.
MOTION: Ms. Francik moved to adopt Ordinance No. 4041, vacating a portion of
Maitland Avenue together with a portion of"C" Street and, further, authorize publication
by summary only. Mr. Garrison seconded. Motion carried unanimously.
Street Vacation (MF# VAC2011-006) Portion of Pueblo and Superior Streets, and
Utah, Nevada and Wyoming Avenues (Mickelson).
Mr. White explained the details of the proposed vacation.
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED
VACATION.
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING
NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED,
Ordinance No. 4042, an Ordinance vacating a portion of Pueblo Street, Superior
Street, Nevada Avenue, Wyoming Avenue and Utah Avenue.
MOTION: Ms. Francik moved to adopt Ordinance No. 4042, vacating a portion of
Pueblo Street, Superior Street, Utah Avenue, Nevada Avenue and Wyoming Avenue and,
further, authorize publication by summary only. Mr. Garrison seconded. Motion carried
unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Comprehensive Plan Amendment Urban Growth Area, Base Maps and Adoption of
Subarea Plans by Reference (MF# CPA2011-001).
Council and staff discussed the proposed boundary and the proposed amendment
to the plan.
Resolution No. 3377, a Resolution declaring the preferred Urban Growth Boundary
for the City of Pasco.
MOTION: Ms. Francik moved to approve Resolution No. 3377, identifying the Pasco
City Council's preferred Urban Growth Area Boundaries, Mr. Martinez seconded,
Motion carried unanimously.
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 21, 2012
Ordinance No. 4043, an Ordinance amending the Comprehensive Plan to include
the Marine TerminaVBoat Basin Plan, the Pasco Bicycle and Pedestrian Master
Plan and the Broadmoor Concept Plan,
MOTION: Ms. Francik moved to adopt Ordinance No. 4043, amending the
Comprehensive Plan by updating base maps and adopting the Marine Terminal/Boat
Basin Plan, the Pasco Bicycle and Pedestrian Master Plan and the Broadmoor Concept
Plan by reference and, further, authorize publication by summary only. Mr. Martinez
seconded. Motion carried unanimously.
Ordinance No. 4044, an Ordinance amending the Comprehensive Plan to include
the Pasco School District Capital Facilities Plan.
Council and staff discussed the details of the amendment.
Mr. John Morgan, Pasco School District, answered questions from Council,
MOTION: Ms. Francik moved to adopt Ordinance No .4044, amending the
Comprehensive Plan by adopting the 2011-2017 Pasco School District Capital Facilities
Plan by reference and, further, authorize publication by summary only. Mr. Martinez
seconded. Motion carried by the following Roll Call vote: Yes— Watkins, Francik,
Garrison, Martinez. No - Larsen, Yenney, Hoffmann.
Ordinance No. 4045, an Ordinance concerning speed limits on various streets and
amending Section 10.24.040 of the Pasco Municipal Code.
MOTION: Ms. Francik moved to adopt Ordinance No. 4045, increasing the speed limit
on Industrial Way and, further, authorize publication by summary only. Mr. Garrison
seconded. Motion carried unanimously.
NEW BUSINESS:
Interlocal Agreement with Port of Walla Walla for Wastewater Treatment and
Disposal Services:
Council and staff discussed the proposed agreement.
MOTION: Ms. Francik moved to approve the Interlocal Agreement with the Port of
Walla Walla for Wastewater Treatment and Disposal Services and, further, authorize the
Mayor to sign the Agreement when the conditions, precedent to effective date in Section
9Aiii, have been satisfied. Mr. Garrison seconded. Motion carried by the following Roll
Call vote: Yes— Martinez, Watkins, Yenney, Francik, Garrison, Hoffmann, No — Larsen.
MISCELLANEOUS DISCUSSION:
Council discussed appropriate conduct of Council toward staff.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:13 p.m.
APPROVED: ATTEST:
Matt Watkins, Mayor Debra L, Clark, City Clerk
PASSED and APPROVED this 5" day of March 2012.
3
CITY OF PASCO
Council Meeting of: March 5,2012
Accounts Payable Approved
The City Council
City of Pasco,Franklin County,Washington
We,the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the
ervices rendered or the labor performed as described herein and that the claim is a just, due and unpaid
obligation against the city and that we are authorized to authenticate and certify to said claim.
Gary Cr, Cit M a Dunyele Mason,lrinanoe Services Manager
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 March,2012 that the merchandise or services hereinafter specified have been received:
Check Numbers and 186527-186738 In The Amount Of: $733,624.38
Electronic Funds Transfers: 1176-1177,
1181 -1184
In The Amount Of: $ 46,900.47
Electronic Funds Transfers: 9_300,9344
(Journal Entries) total of $780.524.85
Councilmember Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND:
Legislative 868.64
Judicial 3,468,74
Executive 5,717.76
Police 52,495.37
Fire 40,520.73
Administration&Community Services 69,562.49
Community Development 1,671.03
Engineering 1,858.56
Nan-Departmental 21,870.14
Library 96,131.16
TOTAL GENERAL FUND: 294,164.62
STREET 16,171.57
ARTERIAL STREET 5,431,50
STREET OVERLAY 0.00
C. D. BLOCK GRANT 30.59
HOME CONSORTIUM GRANT 000
NSP GRANT 10,000.00
KING COMMUNITY CENTER 976.02
AMBULANCE SERVICE 8,442.79
CEMETERY 75.09
ATHLETIC PROGRAMS 1,327.49
GOLF COURSE 39,243.81
SENIOR CENTER OPERATING 2,633.10
MULTI MODAL FACILITY 992.75
RIVERSHORE TRAIL& MARINA MAIN 0.00
SPECIAL ASSESSMNT LODGING 0.00
LITTER CONTROL 1,707.30
REVOLVING ABATEMENT 62.00
TRAC DEVELOPMENT&OPERATING 20,252.00
INDUSTRIAL DEV&INFRST 5,000.00
STADIUMICONVENTION CENTER 9,217.82
GENERAL CAP PROD CONSTRUCTION 22,461.07
WATER/SEWER 108,937.78
EQUIPMENT RENTAL-OPERATING GOVERNMENTAL 24.346.09
EQUIPMENT RENTAL-OPERATING BUSINESS 6,419.12
EQUIPMENT RENTAL-REPLACEMENT GOVERNMENTAL 0.00
EQUIPMENT RENTAL-REPLACEMENT BUSINESS 0.00
MEDICALIDENTAL INSURANCE 77,824.73
CENTRAL STORES 0.00
PAYROLL CLEARING 37,247.15
LID CONSTRUCTION 0,00
PUBLIC FACILITIES DIST 3,251,88
TRI CITY ANIMAL CONTROL 84,308.58
SENIOR CENTER ASSOCIATION 0.00
GRAND TOTAL ALL FUNDS: $ 780,524.85
3(b), 1
CITY OF PASCO
Council Meeting of:
Payroll Approval March 5, 2012
The City Council
City of Pasco
Franklin County,Washington
The fgll ing is a s ary f payroll claims against the City of Pasco for the month of
February 2,812 w.ich are resented erewith for your review and approval,
ti
I
Gary'Crutchfield, N1~9 e r Rick Te y, Administra ive& Com ity Services Director
W�, the undersigned City Council members of the City Council of the City of Pasco, Franklin County,
Washington, do hereby certify that the services represented by the below expenditures have been received
and that payroll voucher No's. 43775 through 43840 and 80120 through 80129 and EFT deposit
No's. 30050150 through 30050699 and City contributions in the aggregate amount of $2,015,174.39 are
approved For payment on this 5th day of March 2012.
CounctImember Councilmember
SUMMARY OF PAYROLL BY FUND
GENERAL F'JND:
Legislative $ 7,875.18
Judicial 79,018.53
Executive 74,632.50
Police 574,1507.05
Fire 289,077.45
Administrative& Community Services 237,969.23
Community Development 88,836.17
Engineering 88,152.21
TOTAL GENERAL FUND 1,440,368.32
CITY STREET 37,731.74
BLOCK GRANT 6,099.28
HOME CONSORTIUM 1,643.26
NSP 279.13
MARTIN LUTHER KING CENTER 6,860.26
AMBULANCE SERVICE FUND 159,711.39
CEMETERY 9,305.07
ATHLETIC FUND 4,639.23
SENIOR CENTER 14,544.75
STADIUM OPERATIONS 0.00
MULTI-MODAL FACILITY 0.00
BOAT BASIN 0100
REVOLVING ABATEMENT FUND 0.00
TASK FORCE 0.00
WATER/SEWER 299,432.47
EQUIPMENT RENTAL- OPERATING 27,128,20
OLD FIRE PENSION FUND 7,431.29
GRAND TOTAL ALL FUNDS $ 2,015,174.39
Payroll Summary
Net Payroll 924,678.23
Employee Deductions 567,894.93
Gross Payroll 1,492,573.16
City of Pasco Contributions 522,601.23
Total Payroll 2,015,174.39 3(b)■2
AGENDA REPORT NO. 2
FOR: City Council February 22, 2012
TO: Gary Crutchfsel � anager
Workshop Mtg.: 02/27/12
FROM: Ahmad Qayoumi; Public Works Director Regular Mtg.: 03/05/12
SUBJECT: Amendment No. 1 to Professional Services Agreement with HDR Engineering,
Inc. - Wastewater Treatment Plant Improvements
I. REFERENCE(S):
1. Amendment No. 1 to September 19, 2011 Professional Services Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
02/27: Discussion
03105: -MOTION: I move to approve Amendment No. 1 to the September 19,
2011 Professional Services Agreement with HDR Engineering,
Inc. authorizing additional engineering services for Wastewater
Treatment Plant Improvements, not to exceed $15,070 and
further, authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
A) 515,070; Sewer Utility Account
IV. HISTORY AND FACTS BRIEF:
A) In June 2010, the City received an approved permit from the Department of Ecology
for the Waste Water Treatment Plant located at Gray Street which expires June 15,
2015. The permit contained a condition that the City must complete a Comprehensive
Engineering Study. The study will enable the City to have a plan for optimization of
the plant for operations to meet Department of Ecology (DOE) requirements.
B) HDR was contracted to assist the City in negotiating and addressing a reasonable
schedule for the submittal of the required facility plan update in the most recent
NPDES Permit.
C) HDR completed the Comprehensive Engineering Study, which included findings and
recommended improvements to optimize the plant operations and to meet the
requirements of the DOE Permits.
D) On September 19, 2011, Council approved the Professional Services Agreement with
HDR Engineering, Inc. to provide engineering services for the Wastewater Treatment
Plant Improvements project. HDR would develop engineering design plans that would
enable the City to bid the Wastewater Treatment Plant project by November 2011.
The professional services agreement included tasks for project management, permit/
regulatory approval, design of improvements, preparation of equipment and
construction specifications and startup services.
V. DISCUSSION:
A) Construction bids were received on November 30, 2011 and evaluated by City and
Consultant staff.
B) During the bid evaluation period two bid protests were received and evaluated. The
City requested HDR staff to assist with responding to the protests. Those efforts
included reviewing qualifications information for the bidders, checking references,
responding to legal questions, and preparing declaration statements for the City
Attorney.
C) Proposed Amendment No. 1 formally recognizes those required efforts and authorizes
additional engineering services budget in the amount of$15,070.
3(c)
AMENDMENT NUMBER 1 to
PROFESSIONAL SERVICES AGREEMENT
WHEREAS, the City and HDR Engineering, Inc. entered into a Professional Services
Agreement on September 19, 2011 to provide engineering services with respect to Wastewater
Treatment Plant Improvements project.
NOW, THEREFORE, this agreement is amended to allow HDR Engineering; Inc. to
provide additional engineering services as described on Exhibit B.
1. Scope of Work
Scope of services includes additional professional services required for the Wastewater
Treatment Plant Improvements project.
2. Fee:
The compensation for the work is based on a time and material basis not to exceed the
amount of$15,070.
3. Time of Verformance:
The services shall be complete for the project on or before August 31, 2012.
DATED THIS DAY OF , 2012.
CITY OF PASCO: CONSULTANT—HDR Engineering, Inc.:
Matt Watkins, Mayor Mike L. Cross, P.E.
ATTEST: APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
HDR Engineering,Inc. 1
Amendment No. 1
Professional Services Agreement—Wastewater Treatment Plant Improvements
EXHIBIT B
SCOPE OF SERVICES
Additional Services - Bid Protest Support
Background
The City of Pasco, Washington (City) has awarded a contract to Apollo Construction for
Wastewater Treatment Plant (WWTP) Improvements Design Project, The following changes or
circumstances have necessitated a revision to the scope of services for this project.
A. A bid protest was issued during the conclusion of the Bid Period, and an award dispute was
brought forward by the second low bidder, William Charles West Construction. The City
requested HDR provided assistance during the Protest which began immediately after the
bid opening on November 30, 2011, and continued until an award was made on December
19, 2011 These services were not included in the Scope of Services in the original contract
Dated September 11, 2011, and are Additional Services.
Task 100 — Project Management
Objective
An adjustment in the Project Management (PM) services that have or will be provided by HDR is
needed due to the reduction and addition(s) noted above.
A. PM Services associated with supporting the City staff while resolving the Bid Protest were
not foreseen and are added to the contract.
Consultant Services
1. Coordinate and manage the Consultant's team.
2. Provide over-site of e-mail and other written correspondence to document decisions and
conclusions about relevant construction issues as they materialize.
3. Provide correspondence on any major issues that surface for which a recommendation or
decision is requested.
4. Prepare monthly status reports to be submitted with invoices which will include the
following Information:
a. Services completed during the previous month
b. Services planned for the next month
C. Budget information updates
5. Prepare monthly invoices.
6. Provide responsive communication to any issue that is brought forward by the City staff.
City Responsibilities
1. Timely processing and payment of invoices.
2. Review and process contract change requests and amendments, if needed.
Wastewater Treatment Plant Improvements 1
Professional Services Agreement—Amendment t
3. Respond in a timely manner to issues brought out in correspondence and through direct
communication with the Consultant.
Assumptions
1. A similar small percentage of the HDR tabulated Bid Protest Support Services will be
shown on the fee compensation accounting sheet as Project Management services (Task
100).
2. Invoices will be Consultant's standard invoice listing personnel and the hours they have
worked on each task. Monthly progress report will be a one page summary of the work
completed to date, worts anticipated for next month, outstanding issues and budget
summary.
3. Expense backup will not be provided with invoices but will be available for review at
Consultant's office.
Deliverables
1. Relevant correspondence will be delivered using the most expeditious method possible,
i.e. e-mail over mail wherever appropriate.
2. Monthly reports and invoices (one copy with invoice can be mailed or e-mailed PDF file)
3. Monthly services budget updates.
Task 600 -- ADDITIONAL ENGINEERING SERVICES
Consultant Services
HDR provided unforeseen assistance to the City in responding to Contractor Bid Protests. City
staff requested assistance from HDR to work through the protest issues as described in detail
below.
The following items represent the work completed out of scope for the Pasco Wastewater
Treatment Plant Improvements Project while supporting the bid protest resolution.
1. HDR assisted the City with reviewing and Investigating the Bid Protest Letters from
William Charles West (WCW) and Apollo Inc. (Apollo).
2. Based on the Bid Protest letter investigations, HDR assisted with the City's responses to
the Bid Protests.
3. HDR assisted and attended three meetings with the City and City Attorney to discuss the
bid protests and required actions to position for award of the contract.
4. HDR prepared declarations, affidavits, and responses for the City to support the decision
to award the contract to the responsible and apparent low bidder.
5. HDR prepared for and attended two City Council Meetings to support City staff with the
Bid Protest responses and Bid Award.
6. Provide WWTP modeling services as requested by the City staff--to determine the
Impacts of continuing the discharge from an Industrial client that is exceeding the City's
waste strength limitations.
Wastewater Treatment Plant Improvements 2
Professional Services Agreement—Amendment i
Assumptions
1. The services that were provided under this request were not planned or documented in
the original contract scope of services.
2. The services are recoverable under the original contract under Task 600 —Additional
Engineering Services.
3. HDR did not question the City's request for HDR staff to provide the services, even
though they were recognized as outside the contract. There was an exigency to award
the contract, and HDR recognized that the City provided the requested services in as
timely a manner as they were requested.
Deliverables
1. All deliverables were provided to the City staff and/or the City's legal counsel as the bid
protest was on-going.
END OF SCOPE
Fee estimate for services outlined above are included In the "Compensation Exhibit"
which Is attached hereto.
Wastewater Treatment Plant Improvements 3
Professional Services Agreement—Amendment 1
HDR ENGINEERING CITY OF PASCO
WASTEWATER TREATMENT PLANT
IMPROVEMENTS PROJECT
Compensation Exhibit-Amendment No. 1
Description Included Tasks Total Cost
Project Management Task 100 - Project Management $ 2,142
and QA/QC
Additional Engineering Task 600-Additional
Services Engineering Services
Bid Protest Services $ 12,928
Services Total $ 15,070
Notes:
HDR provided unforeseen assistance to the City in responding to Contractor Bid Protests. City staff
requested assistance from HDR to work through the protest issues as described in detail below.
The following Items represent the work completed out of scope for the Pasco Wastewater
Treatment Plant Improvements Project while supporting the bid protest resolution.
1. HDR assisted the City with reviewing and Investigating the Bid Protest Letters from William
Charles West (WCW) and Apollo Inc. (Apollo).
2. Based on the Bid Protest letter investiagations, MDR assisted with the City's responses to the
Bid protests.
3. HDR assisted and attended three meetings with the City and City Attorney to discuss the bid
protests and required actions to position for award of the contract.
4. HDR prepared declarations, affidavits, and responses for the City to support the decision to
award the contract to the responsible and apparent low bidder.
5. HDR prepared for and attended two City Council Meetings to support City staff with the Bid
Protest responses and Bid Award.
Based on the above efforts the following is a breakdown of the hours required from HDR staff to
complete the above listed tasks.
Title. Moil .
Project Principal 1
Project Manager 32
Senior Wastewater_Engineer 12
Project Engineer 44
Pro ect Controller 6
Pasco WWTP Improvements Project
AGENDA REPORT NO. 3
FOR: City Council 4, February 22, 2012
I
1 t
TO: Gary Crutchfie' it'r tanager
Workshop Mtg.: 02/27/12
FROM: Ahmad Qayouriii, Public Works Director Regular Mtg.: 03/05/12
SUBJECT: Professional Services Agreement with HDR Engineering, Inc. - Wastewater
Treatment Plant Improvements- CONSTRUCTION
I. REFERENCE(S):
1. Professional Services Agreement
II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS:
02/27: Discussion
03105: MOTION: I move to approve the Professional Services Agreement with
HDR Engineering, Inc. authorizing engineering construction
services for Wastewater Treatment Plant Improvements; not to
exceed $45,774 and further, authorize the Mayor to sign the
agreement.
III. FISCAL IMPACT:
A) $45,774, Sewer Utility Account
IV. HISTORY AND FACTS BRIEF:
A) In June 2010, the City received an approved permit from the Department of Ecology
for the Waste Water Treatment PIant located at Gray Street which expires June 15,
2015. The permit contained a condition that the City must complete a Comprehensive
Engineering Study. The study was completed in 2011 and has enabled the City to
develop a plan for optimization of the plant for operations to meet Department of
Ecology (DOE) permit requirements.
B) On September 19, 2011, Council approved the Professional Services Agreement with
HDR Engineering, Inc. to provide engineering design services for the Wastewater
Treatment Plant Improvements project. HDR would develop engineering design
plans that would enable the City to bid the Wastewater Treatment Plant project by
November 2011. The design services have been completed and services during
construction were not included.
V. DISCUSSION:
A) The Wastewater Treatment Plant Improvements Project is now in the construction
phase. City staff will be providing construction management and certain part-time
inspection of the construction activities. Given the nature of the improvements and
the specialized skills needed to ensure high quality performance and compliance with
the technical specifications, City staff has recognized the need to seek a consultant to
assist with shop drawing and submittal reviews, inspection of equipment installation
and additional review of start-up procedures and operations & maintenance manuals.
C) Staff recommends that the attached Professional Services Agreement with HDR, Inc.
in the amount of$45,774 be approved by Council. The work of this agreement is the
continuation of the project in which HDR provided design and bid support services.
3(d)
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter
referred to as the "City", and HDR Engineering, Inc, hereinafter referred to as the "Consultant".
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide CONSTRUCTION engineering and consulting services with
respect to the Wastewater Treatment Plant Improvements, and Consultant has demonstrated
that it is highly qualified to perform these services.
NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and
between the parties hereto as follows:
1. Scope of work. The scope of work shall include all services and material necessary to
accomplish the above mentioned objectives in accordance with Exhibit B.
2. Ownership and use of documents.
A. The parties acknowledge that this Agreement shall be governed by RCW Chapter
42.56 and any other State or Federal law relating to confidentiality, intellectual
properties, and public disclosure. The parties shall make a good faith effort to
comply with such laws, and to the fullest extent allowed by law, comply with the
provisions of this section.
B. All research, tests, surveys, preliminary data and any and all other work product
and deliverables, as defined in the Scope of Services, and prepared or gathered by
the Consultant in preparation for the services rendered shall not be considered
public records, provided, however, that:
(1) All final deliverables prepared by Consultant shall become the property of
the City upon their presentation to and acceptance by the City and shall at
that date become public records.
(2) The City shall have the right, upon reasonable request, to inspect, review
and, subject to the approval of Consultant, copy any work product.
(3) In the event that Consultant shall default on this Agreement, or in the
event that this Agreement shall be terminated prior to its completion as
herein provided, the deliverable(s) of Consultant, along with a summary of
services performed to date of default or termination, shall become the
property of the City and tender of the deliverable(s) and summary shall be
a prerequisite to final payment under this Agreement. The summary of
services provided shall be prepared at no additional cost, if the Agreement
is terminated through default by Consultant. If the Agreement is
Professional Services Agreement— HDR —Wastewater Treatment Plant Improvements
CONSTRUCTION I
terminated through convenience by the City, the City agrees to pay
Consultant for the preparation of the summary of services provided.
(4) Consultant shall maintain all documents associated with services provided
under this Agreement for a minimum period of three (3) years after
completion of the work. This provision shall survive termination of this
Agreement.
(5) Consultant shall respond to requests by the City for project-specific
accounting records within five (5) business days by either providing the
records, or by identifying in writing that additional time is necessary to
provide the records with a description of the reasons why additional time
is needed. Records shall be provided to the City within twenty (20) days
of the date of the request. Provisions of Section 5 in this Agreement shall
specifically apply to any claim arising out of Consultant's failure to
properly maintain or timely produce records as described herein and as
otherwise required by law.
3. Payments. The Consultant shall be paid by the City for completed work for services
rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials,
supplies, equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be on a
time and material basis as set forth on the fee schedule found in Exhibit B,
provided, in no event shall the payment for all work performed pursuant to this
Agreement exceed the sum of $45,774, without approval from the City.
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate
amount for each voucher to the Consultant. The Consultant may submit vouchers
to the City monthly during the progress of the work for payment of completed
phases of the project. Billings shall be reviewed in conjunction with the City's
warrant process.
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3)
years after final payment. Copies shall be made available upon request.
4. Time of 1rerformance. The Consultant shall perform the work authorized by this
Agreement promptly and before August 31,2012.
5. Hold harmless a reement. In performing the work under this Agreement, the
Consultant agrees to defend, and to the extent permissible by law, indemnify and hold
harmless the City, their officers, agents, servants and employees (hereinafter individually
Professional Services Agreement—HDR— Wastewater Treatment Plant Improvements
CONSTRUCTION 2
and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or
proceedings, from:
A. All damages or liability of any character including in part costs, expenses and
attorney fees, to the extent based upon, any negligent act, error, or omission of
Consultant or any person or organization for whom the Consultant may be
responsible, and arising out of the performance of professional services under this
Agreement; and
B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever
nature, including in part, court costs and attorney fees, based upon, or alleged to
be based upon, any act, omission, or occurrence of the Consultant or any person
or organization for whom the Consultant may be responsible, arising out of, in
connection with, resulting from or caused by the performance or failure of
performance of any non-professional work or services under this Agreement, or
from conditions created by the Consultant performance or non-performance of
said work or service.
6. General and professional babiiity insurance. Consultant shall secure and maintain in
full force and effect during the performance of all work pursuant to this Agreement a
policy of comprehensive general liability insurance providing coverage of at least
$1,000,000 per occurrence and $2,000,000 aggregate for personal injury; $1,000,000 per
occurrence and $2,000,000 aggregate for property damage; professional liability
insurance in the amount of $1,000,000; and automobile insurance as required by law.
Each such insurance policy, except Professional Liabilty and Worker's Compensation,
shall name the City as an additional insured and shall include a provision prohibiting
cancellation of said policies, except upon thirty (30) days written notice to the City. The
City shall be named as a certificate holder on each insurance policy. Certificates of
coverage shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
7. Discrimination prohibited. Consultant shall not discriminate against any employee or
applicant for employment because of race, color, religion, age, sex, national origin or
physical handicap.
8. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or
representative of the Consultant shall be deemed to be an agent, employee or
representative of the City for any purpose. Consultant shall be solely responsible for all
acts of its agents, employees, representatives and subcontractor during the performance
of this Agreement. Consultant shall make no claims for benefits for employment against
the City including, but not limited to, sick leave, medical insurance, coverage under the
City's State Department of Labor and Industries policy, vacation benefits, retirement, or
unemployment benefits. Consultant shall comply with all State and Federal laws
including, but not limited to, the requirements of RCW 50.04.0140 and RCW 51.08.195.
Professional Services Agreement—HDR— Wastewater Treatment Plant Improvements
CONSTRUCTION 3
9. City approval. Notwithstanding the Consultant's status as an independent contractor,
results of the work performed pursuant to this Agreement must meet the approval of the
City.
10. Termination. This being an Agreement for professional services, either party may
terminate this Agreement for any reason upon giving the other party written notice of
such termination no fewer than ten (10) days in advance of the effective date of said
termination.
11. Integration, The Agreement between the parties shall consist of this document and any
schedules or exhibits listed in this agreement and attached hereto. These writings
constitute the entire Agreement of the parties and shall not be amended except by a
writing executed by both parties. In the event of any conflict between this written
Agreement and any provision of Exhibit B, this Agreement shall control.
12. Non-waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
13. Non-assignable. The services to be provided by the Consultant shall not be assigned or
subcontracted without the express written consent of the City.
14. Covenant against contingent fees. The Consultant represents that he has not employed
or retained any company or person, other than a bona fide employee working solely for
the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the
Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award of making of this Agreement.
For breach or violation of this representation, the City shall have the right to annul this
Agreement without liability or, in its discretion to deduct from the Agreement price or
consideration, or otherwise recover,the full amount of such fee, commission,percentage,
brokerage fee, gift, or contingent fee.
15. General Provisions. For the purpose of this Agreement, time is of the essence. In the
event a dispute regarding the enforcement, breach, default or interpretation of this
Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In
the event the dispute cannot be resolved by agreement of the parties, said dispute shall be
resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory
Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the
laws of the State of Washington shall apply; and the prevailing party shall be entitled to
its reasonable attorney fees and cost.
In the event any provision of this Agreement is deemed to be unenforceable, the other
provisions of the Agreement shall remain in full force and effect.
Professional Services Agreement—HDR—Wastewater Treatment Plant Improvements
CONSTRUCTION 4
16. Notices. Notices to the City of Pasco shall be sent to the following address:
City of Pasco
P. O. Box 293
Pasco, WA 99301
Notices to the Consultant shall be sent to the following address:
Miles L. Cross, P.E.
HDR Engineering, Inc.
2805 St. Andrews Loop, Suite A
Pasco, WA 99301
Receipt of any notice shall be deemed effective three (3) days after deposit of written
notice in the U. S. mails, with proper postage and properly addressed.
DATED THIS DAY OF _, 20
CITY OF PASCO CONSULTANT:
By: By:
Matt Watkins, Mayor Miles L. Cross, P.E. —Vice President
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Professional Services Agreement—HDR—Wastewater Treatment Plant Improvements
CONSTRUCTION 5
EXHIBIT B
SCOPE OF SERVICES
Construction Support Services
Background
The City of Pasco, Washington (City) has awarded a contract to Apollo Construction for
Wastewater Treatment Plant (WWTP) Improvements Design Project. The following changes or
circumstances have necessitated a revision to the scope of services for this project.
A. The construction bid award was made for a portion of the advertised improvements. HDR
Engineering, Inc. (consultant) was under contract to provide Operations Services for all
equipment included in the bid schedule as advertised. This amendment reduces fees for
Startup Services and Operational and Maintenance Manual Update services that will not be
performed.
B. The City also desires to have HDR Engineering, Inc. provide Construction Support Services
for the construction of the WWTP Improvements project. The Construction Support
Services were not included in the original contract dated September 11, 2011,
Task 100 — Project Management
Objective
An adjustment in the Project Management (PM) services that have or will be provided by HDR is
needed due to the reduction and addition(s) noted above.
A. PM Services that would have been provided for Operations Services that are being removed
from the contract should be estimated, accounted for, and reduced from the contract.
B. PM Services associated with providing Construction Support Services are added to the
contract. These services will support the following activities: reviews of the contractor's
shop drawings, issuance of responses to Requests for Information (RFI's), subsequent
issuance of construction documentation by e-mail and in writing, and issuance of invoices
for services provided. The limited construction support services will be provided under a
limited budget, with consideration that fees for services under any subtask may overrun, and
with the further understanding that overall contract limits will not be exceeded unless an
amendment or city authorization is given in writing.
Consultant Services
1. Coordinate and manage the Consultant's team.
2. Provide over-site of e-mail and other written correspondence to document decisions and
conclusions about relevant construction issues as they materialize.
3. Provide correspondence on any major issues that surface for which a recommendation or
decision is requested.
4. Prepare monthly status reports to be submitted with invoices which will include the
following Information:
Wastewater Trealment Plant Improvements 1
Professional Services Agreement—Amendment t
a. Services completed during the previous month
b. Services planned for the next month
c. Budget information updates
5. Prepare monthly invoices.
6. Provide responsive communication to any issue that is brought forward by the City staff.
City Responsibilities
1. Timely processing and payment of invoices.
2. Review and process contract change requests and amendments, if needed.
3. Respond in a timely manner to issues brought out in correspondence and through direct
communication with the Consultant.
Assumptions
1. Project management meetings will be required while performing new Task 700 of the new
Contract, Pasco WWTP Construction Support Services.
2. Invoices will be Consultant's standard invoice listing personnel and the hours they have
worked on each task. Monthly progress report will be a one page summary of the work
completed to date, work anticipated for next month, outstanding issues and budget
summary.
3. Expense backup will not be provided with invoices but will be available for review at
Consultant's office.
4. The services provided will be coordinated with city staff. Fees for services will be tracked
on a monthly basis at first, and more often as the project moves forward. Consultant will
notify City in writing when budget is 85 percent spent. If the budget becomes exhausted
before construction is complete, the consultant will suspend his work, unless a
supplement is authorized by the city.
Deliverables
1. Relevant correspondence will be delivered using the most expeditious method possible,
i.e. e-mail over mail wherever appropriate.
2. Monthly reports and invoices (one copy with invoice can be mailed or e-mailed PDF file)
3. Monthly services budget updates.
Task 500 — OPERATIONS SERVICES
Consultant Services
1. Remove the Screw Press from the list under Task 501 Startup Services and the implied
inclusion in Task 502, Operational and Maintenance Manual Update of the original Pasco
Wastewater Treatment Plant Improvements Project.
2. Task 501 is revised to read as follows:
Task 501 Startup Services
Wastewater Treatment Plant Improvements 2
Professional Services Agreement—Amendment 1
1. After the contractors field startup services have been completed, assist the City in starting
the process operation for each system:
a. Blower
b. Screen and Screenings Washer Compactor
c. Aeration Basin Modifications
2. Provide operator training on each of the individual components of the aeration systems,
and then the entire System functionality.
Task 502 Operational and Maintenance Manual Update
1. All Assumptions and Deliverables remain the same, with the understanding that the
updated Operational and Maintenance Manual will not include the Screw Press or Solids
Handling Equipment.
Task 700 — CONSTRUCTION SUPPORT SERVICES
Objective
Add Construction Support Services to the contract at the request of the City staff, to supplement
City provided services, and provide a complete construction management team to complete the
project. HDR staff will review shop drawings as submitted from the contractor and passed on by
the City's construction management principal. HDR will provide assistance to the City in
responding to RFI's. Day to day construction observation will not be provided by HDR staff,
however these serves are planned to be performed by the City's construction management
principal and his staff.
Task 701 Shop Drawing Review
1. Review the shop drawings as submitted by the contractor and passed on by the City's
construction management team.
2. Review and approve or take other appropriate action in respect to Shop Drawings and
Samples and other data which Contractor is required to submit, but only for conformance
with the information given in the Contract Documents and compatibility with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
3. Reviews and approvals or other actions will not extend to means, methods, techniques,
sequences, or procedures of construction or to safety precautions and programs incident
thereto. Consultant shall meet any Contractor's submittal schedule that Is listed in the
specifications. Consultant has allocated hours to review the shop drawings as fisted in
.the "compensation exhibit", which is attached.
4. Evaluate and determine the acceptability of substitute or"or-equal" materials and
equipment proposed by Contractor. The Consultant has allocated in the budget for the
review of two substitute or equal submittals,
Wastewater Treatment Plant Improvements 3
Professional Services Agreement—Amendment 1
Task 702 Response to Contractor's Request for Information
(RFI's)
1. The Contractor may request clarification of the scope and intent of the Contract
Documents.
2. Respond to the RFI's (Request for Information) forwarded by the City's construction
management team. Consultant has allocated 35 hours of time in the budget to respond
to contractor's RFI's.
Assumptions
1. The duration of task(s) 701 and 702 is assumed to be 9 months from award of the
contractor to the final construction completion.
2. Day-to-day construction observation will be performed by the City's construction
management team.
3. Consultant has not allocated any time to make site visits during construction.
4. Progress payment reviews will be performed by the City's construction management
team.
5. Construction Schedule reviews and Schedule of Value reviews will be performed by the
City's construction management team.
6. Preconstruction conference will be held by the City's construction management team.
7. logging and tracking of RFI's, Shop Drawings, O&M Manuals, issuance of field orders
and deficiency notices will be performed by the City's construction management team.
8. Reviewing contractor's multiple submittals, incomplete submittals or multiple re-submittals
will be invoiced as additional services at the hourly rates listed in the budget sheet.
9. O&M Manual submittals and processing of acceptance correspondence will be completed
by the city staff. Services which qualify for additional engineering services, such as more
than 2 reviews of shop drawings, representing the client during resolution of
unreasonable claims, services requiring out of town travel, and/or review of O&M
manuals, will not be required.
Deliverables
1. Consultant will review Shop Drawing within 14 days of receipt from the City, and issue
correspondence of acceptance, need for partial re-submittal, and or rejection and
requirement for complete new submittal.
END OF SCOPE
Fee estimate for services outlined above are Included In the "Compensation Exhibit"
which is attached hereto.
Wastewater Treatment Plant Improvements 4
Professional Services Agreement—Amendment 1
HDR ENGINEERING CITY OF PASCO
WASTEWATER TREATMENT PLANT
IMPROVEMENTS PROJECT
Compensation Exhibit- CM Services Contract
Description Included Tasks Total Cost
Project Management Task 100 - Project Management $ 5,687
and QA/QC
Operations Services Task 500 -Operations Services
Task 501 - Startup Services $ (3,183)
Effort Reduced from Original
(Screw Press Startup Removed)
Task 502 -Operational and $ (7,568)
Maintenance Manual
(Screw Press O&M Removed)
Construction Support Task 700 - Construction Support
Services Services
Task 701 -Shop Drawing $ 46,062
Reviews
Task 702-Response to $ 4,777
Contractor's RFf's
Services Total $ 45,774
Pasco WWTP Improvements Project
AGENDA REPORT
FOR: City Council ) February 29, 2012
TO: Gary Crutch l Manager Regular Mtg.: 3/5/12
Rick White, f r
Community&r cono ic Development Director
FROM: David I. McDonald, City Planner
SUBJECT: STREET VACATION Portion of East "B" St., Gray and Myrtle (Montez) (MF#
VAC 2012-002
1. REFERENCE(S):
1. Overview Map
2. Vicinity Map
3. Proposed Resolution
4. Vacation Petition
11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/5: MOTION: I move to approve Resolution No. , setting 7:00
P.M., Monday, April 2, 2012, as the time and date to conduct a
public hearing to consider vacating a portion of East `B"
Street, a portion of South Gray Avenue and South Myrtle
Avenue.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The owner of Lots 1-8 and 27-32, Block 5, Owen's Addition has petitioned to
vacate the south 10 feet of"B" Street, all of South Gray Avenue and the west 10
feet of South Myrtle Avenue adjacent to said lots. The property owner is planning
on developing a truck storage facility on the property.
B. The petition requires the City Council to fix a public hearing to consider the
vacation request. The earliest regular City Council meeting available for a public
hearing, which provides the statutory 20-day hearing notice, is April 2, 2012.
3(e)
Overview
ROW Vacation
MV1
Applicant:
Alfred Maria .
Map File : VAC 2012-00
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RESOLUTION NO.
A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO
CONSIDER THE VACATION OF A PORTION OF EAST "B" STREET AND A
PORTION OF SOUTH GRAY AVENUE AND SOUTH MYRTLE AVENUE.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate rights-of-way; and
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That a public hearing to consider vacating the south 10 feet of East "B" Street, the west
10 of South Myrtle Street and all of South Gray Street adjacent to Block 5, Owen's Addition,
will be held before the City Council of the City of Pasco in the Council Chambers at 525 N.
Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on April 2, 2012. That the City
Clerk of the City of Pasco give notice of said public hearing as required by law.
Passed by the City Council of the City of Pasco this 5`h day of March,2012.
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, CMC Leland B. Kerr
City Clerk City Attorney
V'c'n'Ty Item: ROW Vacation Gray Myrtle & "B" 1
Applicant: Alfred & Maria Montez - N}
Map File #: VAC 2012-002
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' FEE $200
CITY OF PASCO
STREET/ALLEY VACATION PETITION
MASTER FILE # AC ;U _602 DATE SUBMITTED:
I, we the undersigned, owners of two-thirds of the privately owned abutting
property hereby petition the City Council of the City of Pasco to vacate the
following described street/alley rights-of-way:
NY tj 's ADS t Ij I Acr 4_ _ � �� �h+ Ate W ES7
S5 0Va J s AbZ sq�ru���� 0� 7XE -SOS L4,vO- o4 E 'a,, s�
APPLICANT: PROPERTY OWNED (Legal Description)
Print Name: 1 -1zqz
Sign Name: C&LI, Z 2-L 1 l 23 4;}
Address: S
Phone # 31"-1%3 S Date 1 LZ��
Sign Name:
Date
Print Name:
Sign Name:
Date
AGENDA REPORT
FOR: City Council February 29,2012
1
TO: Gary Crutchfie ity ,wnager Regular Mtg.: 3/5/12
FROM: Rick White,
Community and Economic Development Director ,`` f
SUBJECT: Interlocal Agreement with the Pasco School District
I. REFERENCE(S):
1. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/05; MOTION: I move to approve Resolution , authorizing the Mayor
to sign the Interlocal Agreement with the Pasco School District
for the assessment of school impact fees.
III. FISCAL IMPACT:
1V. HISTORY AND FACTS BRIEF:
A. In January of 2011 the Pasco School District informed the City Council that the District no
longer had the capacity to accommodate increased student enrollment due do residential
growth in the community. During the 10 year period between 2000 and 2010 the District's
enrollment increased by 71%, an average of 620 students per year, enough to fill a new
elementary school every year.
B. At the tine the School District informed the City there was no space in its schools to serve
additional students the District asked both the City and County to consider including the
District's Capital Facilities Plan within their Comprehensive Plan and adopt a school
impact fee.
C. In response to the School District's request, Council incorporated the District's Capital
Facilities Plan into the City's Comprehensive Plan at the Council Meeting of February 21,
2012. That action constitutes the basis for the City to implement a school impact fee.
V. DISCUSSION:
A. An interlocal agreement is necessary to identify the duties and responsibilities of the City
and the District regarding implementation of a school impact fee.
B. The proposed interlocal agreement identifies the major responsibilities of the District which
include updating their Capital Facilities Plan, limiting the activities for which the impact
fees can be used, maintenance of proper accounting for the collection and use of the fees
and reporting responsibilities of the District to the City.
C. The proposed interlocal agreement further identifies the duties of the City, which include
enacting a school impact fee ordinance, determining the appropriate fee for applicable
development, establishing a fund for deposit of the impact fees and providing an appeal
system.
D. The proposed interlocal agreement also defines the procedures and responsibilities for
audits and mutual indemnification of the City and the District for activities that may result
in legal action.
E. As a result of disCUSSion between the District and the City, the proposed interlocal
agreement has been revised to clarify submittal requirements of the District regarding their
capital plan, reporting requirements of the City regarding the monthly collection of impact
fees, further clarification of the expectations of the District and the City in the event of
legal challenges to the impact fee and several minor changes to more closely reflect the
wording in the proposed impact fee ordinance.
8(a)
RESOLUTION NO.
A RESOLUTION OF THE CITY OF
PASCO, WASHINGTON, AUTHORIZING AN
INTERLOCAL AGREEMENT WITH PASCO
SCHOOL DISTRICT NO, 1 FOR THE
ASSESSMENT OF SCHOOL IMPACT FEES
WHEREAS, the City Council of the City of Pasco, Washington, has determined it to be
in the best interest of the citizens of the City of Pasco to enter into an Interlocal Agreement with
Pasco School District No. 1, for the collection, administration and disbursements of school
impact fees; and
WHEREAS, the City Council is contemporaneous with this Resolution approving school
impact fees, adopting an Ordinance condition thereon, establishing school impact fees based
upon the capital facilities plan prepared by the District demonstrating their need and reasonable
calculation of a school impact fee; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. The City Council of the City of Pasco, Washington, does approve and
adopt the Interlocal Agreement between the City of Pasco and Pasco School District No. 1.
Section 2. The Mayor is authorized to sign the attached nullful Agreement between
the City of Pasco and the Pasco School District attached hereto as Exhibit A.
PASSED by the City Council of the City of Pasco this day of ,
2012.
CITY OF PASCO:
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Exhibit "A"
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd
Pasco WA 99301
INTERLOCAL AGREEMENT
Between
CITY OF PASCO and PASCO SCHOOL DISTRICT NO. 1
THIS INTERLOCAL AGREEMENT is made and entered into this day
of , 2012, by and between the City of Pasco, Washington, a Municipal
Corporation, hereinafter referred to as "City" and the Pasco School District No. 1,
hereinafter referred to as "District."
WHEREAS, the City has been empowered by State law to provide for the
division of real property for the purpose of residential housing, which such plans
provide adequate provisions for schools and other public facilities. The City is likewise
empowered through the Growth Management Act (Chapter 36.70A RCW) to provide
public facilities and infrastructure to be in place to meet the demands of new population
growth, and by authorization by RCW 82.02,050 through 82,02.100 to access impact
fees on the development activities as part of the financing for public facilities to serve
the needs of a growing population; and
WHEREAS, the District has experienced extraordinary increases in its student
enrollment as determined by letter of January 11, 2011, that the District does not have
space in its schools to serve families from new developments within the City and,
therefore, cannot assure that there are adequate school facilities to serve the demands
incident to new developments within the City without additional new sources for
funding new schools; and
WHEREAS, the District has adopted on December 13, 2011, its 2011-2017
revised Pasco School District Capital Facilities Plan which incorporates funding in part
through the assessment of a school impact fee by the City; and
lnterlocal Agreement City/
Pasco School District No. 1 - I
WHEREAS, the District has requested the City adopt the District's capital
facilities plan as a part of the City's comprehensive plan; and
WHEREAS, the City has conducted public meetings and hearings before its
Planning Commission and the City Council regarding the District's request as a portion
of the City's update of its comprehensive plan; and
WHEREAS, as a condition of its adoption of the District's capital facilities plan
as a part of the City's comprehensive plan and the assessment of impact fees as provided
under that plan, the parties desire to enter into an Interlocal Agreement to set forth the
duties and responsibilities of the parties with regards to implementation of the school
impact fee program, as well as indemnification responsibilities for any legal challenges
to that program.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein,the parties agree as follows:
1. Responsibilities of the District. The District shall by its authorized
representative, to agree to the following terns and conditions upon the City's adoption
of a School Impact Fee Ordinance:
A. Submit the board adopted Pasco School District No. 1 Capital
Facilities Plan 2011-2017 for inclusion within the City's Comprehensive Plan
2012 amendments warranting the factual sufficiency thereof, and its compliance
with applicable laws.
B. Submit information, evidence and testimony to the City to
support the adoption of a School Impact Fee Ordinance with the assessment and
collection of school impact fees, including the District's, capital facilities plan,
proposed impact fee schedule, and any other information required by the City's
Ordinance.
C. At least once every two years, submit to the City a six-year
capital facilities plan or an update of the previously adopted plan, together with
impact fee schedules which meet the requirements of Washington law and the
City's School Impact Fee Ordinance commencing on April 15, 2014. This shall
include a report on school impact fees, and the School Impact Fee accounts
showing the source and amount of all monies collected, earned, or received, and
the public improvements that were financed in whole or in part by the impact
fees.
Following receipt by the City of the District's subsequent capital
facilities plan or updates thereto, the parties shall meet in a good faith effort to
Interlocal Agreement City/
Pasco School District No, 1 -2
evaluate the School Impact Fee Program, determine adjustments, if any, to the
school impact fee, and the role of each party in defending changes in the capital
facilities plan and adjustments to the school impact fee as provided in Section 4
below.
D. Establish and maintain a procedure for receipt and processing of
requests for adjustments, refunds or waivers, or appeals of the school impact
fees including the determination of the value of dedication of lands for,
improvements to, or new construction of any system improvements prnvided by
the fee payer to the District. The District shall hear, consider, and comment to
the City, for its consideration any applications for adjustment of the impact fees
for any project based upon studies, data, calculations, and reports provided by
the Developer; any requests for adjustment of the standard impact fee necessary
to address unusual circumstances to void the impact fees being imposed
unfairly. The District's final determination on such requests shall be transmitted
to the City which may rely upon such determinations and the issuance of any
permits for development activities. The District shall be responsible for
defending the school impact fee including the District's responsibilities as set
forth herein regardless of whether an appeal of the school impact fee is filed
with an appeal of the underlying permit.
E. Establish and maintain School Impact Fee accounts as required
by RCW 82.02.070, and PMC Chapter 3.133 (School Impact Fee Ordinance),
and administer such fees and provide the City with all required notices.
F. Properly expend and account for impact fees as required by RCW
82.02.050(4) and RCW 82.02.070(2). Such funds shall be used for public
facilities improvements that will reasonably benefit the new development; and
shall not be imposed to make up the deficiencies in the facilities serving the
existing developments; and shall not be used for maintenance or operation.
G. Impact fees may be spent for improvements, including but not
limited to, facility planning, land acquisition, site improvements, necessary
offsite improvements, construction, engineering, architectural, permitting,
financing, grant matching funds and administrative expenses, applicable impact
fees or mitigation costs, capital equipment pertaining to public facilities, and any
other expenses which can be capitalized and are consistent with the capital
facilities plans adopted by the City's amended comprehensive plan.
H. Impact fees may also be used to recoup public facility
improvements costs previously incurred to the extent that new growth and
development will be served by the previously constructed improvements or
incurred costs.
lnterlocal Agreement City/
Pasco School District No. I - 3
1. In the event that bonds or similar debt instruments are or have
been issued for the construction of public facilities or system improvements for
which impact fees may be expended, impact fees may be used to pay debt
service on such bonds or similar debt instruments to the extent that the facilities
or improvements provided are consistent with the requirement of this section,
and are used to serve the new development. Public facilities plans causing
impact fees for the purpose of assisting in the new provision of capital facilities
or facility systems must clearly differentiate between funds used for new
improvements and those funds used to correct existing deficiencies.
J. Encumber and expend impact fees only as required in RCW
82.02.070(3) and where the District has extraordinary and compelling reasons
for noncompliance with this statute, the District shall identify such reasons in
written findings delivered to the City Council,
K. Notify property owners of refunds available under RCW
82.02.080 and the processing and payment of any such refunds, together with
any interest which may be due.
L. Review and approve as to form, all covenants and declaration of
restrictions as these documents are required by the School Impact Fee Ordinance
to maintain exceptions from payment of school impact fees. In the event that
such covenants and/or declarations of restrictions are violated, the District shall
have the primary responsibility for enforcement.
M. Maintain all accounts and records necessary to ensure compliance
with this Agreement, the School Impact Fee Ordinance, and Chapter 82.02
RCW,
N. If the City adopts impact fees in the amounts recommended by
the District as part of the District's board adopted capital facility plan, and any
updates thereto, the District shall not impose, in addition to the School Impact
Fee, a mitigation fee provided by Ch. 43.21C RCW (SEPA) to assure that
appropriate provisions are made for schools and school grounds incident to
residential property development.
2. Responsibilities of the City, The City, by and through its authorized
representatives, agree to :
A. Enact a School Impact Fee Ordinance in a form approved by the
District, and attached as Exhibit A, to be effective on April 16, 2012.
Interlocal Agreement City/
Pasco School District No. 1 -4
B. Amend its comprehensive plan including the adoption of the
District's Capital Facilities Plan 2011-2017, and such amendments as may be
provided thereafter, including modifications of the school impact fee schedule,
provided that such facilities plan, amendments and fee schedule are consistent
with the law.
C. As a portion of permitting development activities, the City shall:
1) Determine whether or not the residential development
activity in the City is exempt from payment of the school impact fee as
provided in that Ordinance.
2) Ensure that applicants for residential development
activities have paid school impact fees in accordance with the fee
schedules established hereby, and subject to credits, adjustments, and
exemptions approved by the District prior to the issuance of any
residential development activity permit.
D. Establish and maintain a school impact fee fund into to which all
school impact fees shall be deposited subject to monthly disbursement of such
funds to the District. A report with the name of the person(s) or business entity
that paid the school impact fee(s) and the addresses of the residential
developments for which the fees were paid shall be sent to the District with
notice of the monthly disbursement amount,
E. In the event the District fails to enforce such covenants or
restrictions required in Section I.L. above, the City may enforce covenants or
declarations and restrictions within the City which have been executed and
recorded as a condition of an exemption of a development activity from school
impact fees. When enforcement actions are appropriate, the City shall advise
the District of such potential enforcement action, and the District shall determine
whether to request that the City take enforcement action. Determinations for
such actions shall be within the sole discretion of the City.
F. Provide timely notification and acceptance of tender by the
District of a judicial or administrative appeal of the school impact fees.
G. Annually, following the report of the District, the City shall
provide a report on the school impact fee accounts as required by RCW
82.02.070(1), detailing the fees received and the system improvements, financed
in whole or in part by the fees.
lnterfocal Agreement City/
Pasco School District No. 1 - 5
H. Collect from developers the school impact fee of$4,700 for each
single family residence and $4,525 for each multifamily unit, and remit to the
District the sum of$4,683 for each single family residence and $4,525 for each
multifamily unit with the difference retained by the City to offset the costs of
administration of the School Impact Fee program. In the event of an adjustment
to the school impact fee, this provision shall likewise be amended by mutual
agreement of the parties.
1. The City shall review and consider subsequently adapted capital
facilities plans or updates thereto, including impact fee schedules and a meeting
with the District as provided ui Section I.C. abo�,e.
3. Audit.
A. The District's records and documents with respect to all matters
covered by this Agreement shall be subject to inspection, review or audit, by the
City or by other appropriate State agencies.
B. The District agrees to cooperate with any monitoring or
evaluation activities conducted by the City that pertain to the subject of this
Agreement. The District agrees to allow the City or appropriate State agencies
and/or any of their employees, agents or representatives, to have full access to
and the right to examine, audit, make excerpts or transcripts, and copies of
documents during normal business hours, all of the District's records with
respect to all matters covered by this Agreement The City shall provide the
District no less than thirty (30) calendar days advance notice of its intent to
conduct a physical audit.
4. Indemnification and Hold Harmless.
A. The District is a separate municipal corporation, with the
authority to adopt its capital facilities plan and to spend the school impact fees
collected from the City from property owners/developers in the City. The
District acknowledges that because the District gathers, collects, creates and
interprets the data used to develop its capital facilities plan, that the District, not
the City, is in the best position to ensure that is capital facilities plan conforms to
the authorizing statutes and all other applicable law. The District further
acknowledges that because the District will make its own discretionary decisions
about how to spend the school impact fees from the City, that the District, not
the City, is in the best position to ensure that its related actions conform to the
authorizing statutes and all other applicable laws. With this in mind, the parties
have agreed to indemnify the other as follows:
Interincal Agreement City/
Pasco School District No. 1 - 6
1) The District shall, at its own costs and expense, protect,
defend, indemnify and hold harmless the City, its officers, employees
and agents from any and all costs, claims, judgments or awards of
damages, including attorneys' fees and expert witness fees, arising out of
or in any way resulting from the acts or omissions of the District, its
officers, employees or agents, relating to the District's implementation of
the school impact fee program, performance of the duties set forth in
Section 1 of this Agreement, or compliance with the School Impact Fee
Ordinance, the authorizing statutes or applicable law, shall as may be
amended from time to time. This indemnification by the District of the
City includes, but is not limited to:
a) The District's responsibility to refund any fees
with interest, which are determined by a Court of competent
jurisdiction to have been improperly paid, regardless of whether
the City erroneously imposed and collected the school impact fee
amount,
b) The District's agreement not to impose any
liability on the City for the City's failure to collect the proper fee
amount or any fee from an applicant conducting a development
activity, provided that the City shall make reasonable attempts to
collect such fee.
B. The District shall, at its own costs and expense, protect, defend,
indemnify and hold harmless the City, its officers, officials, employees and
agents, from any and all costs; claims, judgments or awards of damages,
including attorneys' fees and expert witness fees, resulting from any challenge to
the constitutionality or legality of the School Impact Fee Ordinance or the fee
schedule or determination for any individual permit application. Once the
District assumes defense or any appeal relating to the School Impact Fee
Ordinance, fee schedule or individual determination, the District shall not be
responsible to reimburse the City for any of the City's attorneys' fees or litigation
costs incurred thereafter.
C. The District further agrees that the District shall, at its own cost
and expense, defend, indemnify and hold harmless the City, its officers;
officials, employees, and agents from any and all costs, claims, judgments or
awards of damages, including attorneys' fees or expert witness fees arising out
of or in any way resulting from the District's failure to refund impact fees, or
interest on such impact fees, including but not limited to a determination that
impact fees from development activity that was not completed are not
refundable because the funds were expended or encumbered by the District,
Interlocal Agreement City/
Pasco School District No. 1 - 7
whether or not the District's determination was made in good faith; provided,
however, that once the District assumes defense of any such claim or action the
District shall not be responsible to reimburse the City for any of the City's
attorneys' fees or litigation costs thereafter.
D. The City shall, at its own cost and expense, protect, defend,
indemnify and hold harmless the District, its officers, employees, or agents from
any and all cost, claims, judgments, awards, attorneys' fees or expert witness
fees arising out of or in any way resulting from the acts or omissions of the City,
its officers, officials or employees relating to the performance of the City's
responsibilities required by State statute, the Pasco Municipal Code, or as set
forth in Section 2 of this Agreement. If the City relies upon the information
provided by the District initially or annually in the adoption of a School Impact
Fee Ordinance or any subsequent fee schedule, the City shall not be required to
defend any appeal or challenge to the District's information data, use of school
impact fees, calculation of fees or decisions on reconsideration/appeal. Once the
City assumes defense of any claim or action, the City shall not be responsible to
reimburse the District for any of the District's attorneys' fees or Iitigation costs
incurred hereunder.
E. In the event either party shall receive notice of a claim, litigation,
or an administrative appeal arising out of the obligations from indemnification
as provided above, immediate written notice shall be provided to the other party
and providing for a meeting with the co-administrators as provided in Section 11
below, or their designee, to confer regarding the defense of any such claim,
litigation or appeal, and determine cooperative efforts to assist in its defense and
resolution, including good faith negotiations regarding the manner in which the
defense and the cost for such defense will be borne by each party.
F. The duties of the parties to each other under this Section shall not
be diminished or extinguished by the prior termination of this Agreement,
pursuant to Section 5.
5, Effective Date and Termination,
A. The effective date of this Agreement shall be
B. Either party may terminate this Agreement, without cause, in
whole or in part, upon six months advance written notice which such
tenmination becoming effective upon the repeal or invalidation of the City's
School Impact Fee Ordinance. All other obligations under this Agreement shall
remain in effect until both of the following conditions have been satisfied:
Interlocal Agreement City/
Pasco School District Igo. 1 - 8
1) The City or the District provides written notice that this
Agreement is being terminated; and
2) The District no longer retains unexpended or
unencumbered impact fees and interest earned thereon.
The obligations under Section 4, Indemnification, shall be continuing and shall
not diminish or be extinguished by the termination of this Agreement.
C. The District shall have the duty to ensure that upon termination
of this Agreement, any remaining unexpended or unencumbered impact fees and
interest earned thereon are either properly expended or refunded as required by
law.
D. Nothing herein shall limit, waive, or extinguish any right or
remedy provided by this Agreement or by law that either party may have in the
event that the obligations, terms and conditions set forth in this Agreement are
breached by the other party.
6. Modification. No changes or modifications to this Agreement shall be
valid or binding upon either party unless such changes or modifications are in writing
and executed by both parties,
7. Integration. This Agreement, together with the School Impact Fee
Ordinance and any definitions adopted by the City to implement the Ordinance,
contains all of the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall
be deemed to bind either party.
8. Severability. In the event that any term or condition of this Agreement
or the School Impact Fee Ordinance, or application of either to any person or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications of this Agreement which can be given effect without the invalid term,
condition of application. To this end, the terms and conditions of this Agreement are
declared severable.
9. Rizht of..OtherParties. It is understood and agreed that this Agreement
is solely for the benefit of the parties hereto and conveys no right to any other party.
10. Disputes. In the event of a dispute arising between the parties regarding
the enforcement, breach, or interpretation of this Agreement, the District's
Superintendent and the City's City Manager shall first meet in a good faith effort to
resolve the dispute, however, with or without agreed meditation. Any remaining
lnterlocal Agreement City/
Pasco School District No, 1 - 9
dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, and the
Mandatory Rules of Arbitration, with venue placed in Franklin County, Washington,
and the arbitrator shall award to the substantially prevailing party, judgment for its
attorney fees and costs against the other. In the event of de nova review, both parties
waive their rights to a jury trial.
11. Interlocal Agreement Provisions. This Agreement is entered into
pursuant to RCW 39.34 as an interlocal agreement between the parties. It is not
intended that a separate legal entity shall be established to conduct the cooperative
undertaking nor it the acquiring or holding or disposing of real personal property
anticipated. This City's City Manager and the District's Superintendent are designated
as co-administrators of this Agreement. This Interlocal Agreement shall be filed or
placed on the City's and the District's website as provided by RCW 39.34.
12. Waiver. Waiver of any default in the performance of this Agreement
shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any
provision of this Agreement shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of this Agreement.
PV WITNESS WHEREOF, the undersigned has full authorization on behalf of
the parties, have executed this Agreement on the year and date set forth above.
CITY OF PASCO, WASHINGTON PASCO SCHOOL DISTRICT NO. 1
Matt Watkins, Mayor Sherry Lancon, President
Attest:
Debbie Clark, City Clerk
Approved as to Form:
Leland B. Kerr, City Attorney
Interlocal Agreement City/
Pasco School District No. 1 - 10
STATE OF WASHINGTON )
SS.
County of Franklin )
On this day personally appeared before me Matt Watkins, Mayor of the City of
Pasco, Washington, to be known to be the individual described in and who executed the
within and foregoing instrument, and acknowledged that he signed the same as his free
and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of ,
2012.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
STATE OF WASHINGTON )
: ss.
County of Franklin )
On this day personally appeared before me Sherry Lancon, President of Pasco
School District No. 1, to be known to be the individual described in and who executed
the within and foregoing instrument, and acknowledged that she signed the same as her
free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of ,
2012.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
lnterlocal Agreement City/
Pasco School District No. 1 - 11
AGENDA REPORT
FOR: City Council/ i February 29, 2012
TO Gary Crutchf�el Cif! Meager Regular Mtg.: 315112
FROM: Rick White,
Community anAconomic Development Director �r1
SUBJECT: Sc of impact F=
1. REFERENCE(S);
1, Proposed Ordinance
2. Memorandum to the City Manager
11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/05: MOTION: I move to adopt Ordinance No. , an ordinance creating a
new Chapter 3.133 "School Impact Fees" and creating anew
Section 3.07.230 "School Impact Fees," and further, authorize
publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A. In January of 2011 the Pasco School District informed the City Council that the District no
longer had the capacity to accommodate increased student enrollment due do residential
growth in the community. During the 10 year period between 2000 and 2010 the District's
enrollment increased by 71%, an average of 620 students per year, enough to fill a new
elementary school every year.
B. At the time the School District informed the City there was no space in its schools to serve
additional students the District asked both the City and County to consider including the
District's Capital Facilities Plan within their Comprehensive Plan and adopt a school
impact fee.
C. In response to the School District's request, Council incorporated the District's Capital
Facilities Plan in the City's Comprehensive Plan at the Council Meeting of February 21,
2012. That action constitutes the basis for the City to implement a school impact fee.
V. DISCUSSION:
A. The School District is at its physical and funding capacity limits for new classroom space
and, while mitigation through the SEPA process will address the requirements of RCW
58.17.110, the District would prefer developers mitigate impacts to the schools through
payment of a school impact fee as recommended by the Planning Commission.The current
system for review of new development through the SEPA process creates a great deal of
uncertainty and inequity in the development process. Essentially RCW 58.17.110 is
creating a moratorium on new development since the law does not permit the City to
approve new subdivisions when the School District does not have the capacity to
accommodate new students. This results in an inequity between existing lots and lots
created through new plats. New subdivisinns therefore would he paying a higher share of
the costs of providing school facilities while development on existing lots makes no
contribution to the provision for schools. Hence the preference for an impact fee that would
apply equally to all development that impacts the school system.
B. The impact fee calculation contained in the Capital Plan follows a recognized and tested
formula in the State of Washington. It is identical to the fee calculations used by most
public entities. The School District has provided their recommended fee schedule of$4,683
for a single family home and $4,525 for a multi-family unit with a 25% "equity" reduction
to insure that the fee is fair. City staff recommends that the fees for a single family home be
set at $4,700 and for a multi-family unit at $4,525. The difference between these amounts
will enable the City's general fund to recover the administrative costs of retaining,
distributing and reporting requirements involved with the school impact fee. The final
impact fee will be the result of Council action on the proposed impact fee ordinance.
8(b)
C. There has been discussion about moving the point of collection of the school impact fee
from the building permit stage (as with park and/or traffic fees) to the "closing" of the sale
of the home. The rationale for the delayed payment of the school impact fee is to minimize
or avoid the effect of each party involved in the construction and financing of the home
adding their"percentage" to the final bill, For example, the real estate broker will add a 6%
fee to the process, the builder will add a profit percentage of 15-20%, and the bank
financing the mortgage will charge "points" resulting in 1% or 2% added to the home cost.
If the impact fee is applied/collected at the point of closing the sale, it can avoid the
inflation of various "add-on" percentages. Staff has provided a "deferral option" in the
proposed ordinance that would allow this to occur.
D. In discussions with the Home Builders Association, staff was advised that realtors, brokers
and lenders would need approximately 30 days advance notice of the effective date of an
impact fee ordinance to close out or finalize existing sales. The proposed ordinance has an
effective date of April 16, 2012.
E. As a result of discussion between the District and the City, the proposed ordinance has been
revised to add definitions, clarify the difference between the annual reporting requirements
of the use of the fees and the biennial update of the District's capital plan and change the
recommended fees to $4,700 for a single family home and $4,525 for a multi-family
dwelling as noted in Discussion item"B"above.
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington,
Creating a New Chapter 3.133 "School Impact Fees"; and
Creating a New Section 3.07.230 "School Impact Fees"
WHEREAS, the City of Pasco is required by State law to determine that adequate
provisions are made in each subdivision, short plat, and other division of property used for
residential purposes, including the adequacy of schools and playgrounds; and
WHEREAS, Pasco School District No. 1 has by letter of January 11, 2011, placed the
City on notice that due to escalating student population, it is unable to accommodate additional
students that are incident to new developments of residential housing and has by Resolution No.
809 adopted its Pasco School District Capital Facilities Plan demonstrating the need for
additional classrooms to meet the anticipated demand of students residing within the new
development areas of the City; and
WHEREAS, the District has requested that its Capital Facilities Plan be adoptea and
incorporated as a public facilities within the City's Comprehensive Plan; and
WHEREAS, the District's Comprehensive Plan provides for the imposition of an impact
fee as permitted by law to offset in part the costs of school facilities necessary to meet a growing
population; and
WHEREAS, the City has amended its Comprehensive Plan with the adoption of the
District's Capital Facilities Plan which, to effectuate, requires the implementation of additional
source of funding through an impact fee to meet the demands for schools caused by new
residential development; and
WHEREAS, the Pasco Planning Commission has conducted public hearings to
detennine whether the City should adopt the District's Capital Facilities Plan as a part of its
Comprehensive Plan, including the implementation of that Plan through an impact fee; and
WHEREAS, the City Council after due consideration has adopted the Amended
Comprehensive Plan incorporating the District's Capital Facilities Plan with impact fees as a
means of implementation. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Chapter 3.133 entitled "School Impact Fees" of the Pasco Municipal
Code, shall be and hereby is created and shall read as follows:
School impact Fees Ordinance - 1
Chapter 3.133
SCHOOL IMPACT FEES
Sections:
3,133.010 Purpose.
3.133.020 Definitions.
3,133.030 Assessment of Impact Fees.
3.133.040 School Impact Fee Deferral Option.
3.133.050 Exemptions
3.133.060 Permitted Adjustments.
3.133.070 School Impact Fee Fund.
3.133.080 School impact Fee Refunds.
3.133.090 Interlocal Agreement.
3.133.100 Annual Review.
3.133.010 PURPOSE. The City Council of the City of Pasco hereby finds that the
City has sustained significant population growth and anticipates that growth to continue into the
future. Pasco School District No. 1 has determined that it does not have sufficient resources to
meet the students anticipated by this additional growth, and that a means by which this new
growth should pay a proportionate share of the costs of developing new facilities is needed.
Therefore, pursuant to RCW 82,02, the City Council adopts a school impact fee to address
identified impacts of new residential development on schools and to ensure that new
development bears a proportionate share of the costs of the capital expenditures necessary, to
meet demands for schools to serve the best interest of the citizens of the City of Pasco. The
provisions of this Chapter shall be liberally construed in order to carry out the purpose of the
Council in establishing a school impact fee.
3.133.020 DEFINITIONS. For purposes of this Chapter, the following terms shall
have the indicated meanings:
A) "Adjustment (A)" means a discretionary reduction in the school impact fee in an
determined by the City and identified in Attachment A, taking into account the recommendation
of the District and the need to adequately fund schools that are needed to serve forecast growth.
B) "Boeckh index" is a construction trade index of construction costs for various
kinds of buildings; it is adjusted annually.
C) "Capacity" means the number of students the District's facilities can accommodate
district-wide, based on the District's standard of service, as determined by the District.
D) "Capital facilities plan" means the Pasco School District No. 1 Capital Facilities
Plan 2011 - 2017, and as hereafter amended.
School Impact Fees Ordinance -2
E) "Capital improvement" means land, improvements to land, structures and
relocatable structures (including site planning, acquisition, design, permitting and construction),
initial furnishings and selected equipment. Capital improvements have an expected useful life of
at least ten (10) years. Other capital costs, such as motor vehicles and motorized equipment,
computers and office equipment, office furnishings, and small tools are considered to be minor
capital expenses and are not considered capital improvements.
F) "City" means the City of Pasco.
G) "Classrooms" means educational facilities of the District required to house
students for its basic educational program. The classrooms are those facilities the District
determines are necessary to best serve its student population. Specialized facilities are identified
by the District, including but not limited to gymnasiums, cafeterias, libraries, administrative
offices, and childcare centers, shall not be counted as classrooms.
H) "Construction cost per student (CS)" means the estimated costs of construction of
a permanent school facility listed in the District's capital facility plan divided by the number of
students the school will serve for the grade span of school to be provided. Grade span means
elementary school, middle school and high school.
I) "Developer"" means the person or entity who owns or holds purchase options or
other development control over property for which development activity is proposed.
J) "Development activity" means any residential construction, including the
placement of a mobile home, or expansion of a building, structure or use, any change in use of a
building or structure, or any change in the use of land that creates additional demand for school
facilities.
K) "District"means Pasco School District No. 1.
L) "Elderly"means a person aged 55 or older.
M) "Encumbered" means to reserve, set aside, or otherwise earmark the impact fees
to pay for commitments, contractual obligations, or other liabilities incurred for public facilities
as set out in the adopted capital facilities plan.
N) "Facilities credit (FC)" means the value of capital improvements for which an in-
kind contribution credit has been granted as provided for in PMC 3.133.030 (C).
O) "Impact fee" means a payment of money imposed upon development as a
condition of development approval to pay for school facilities needed to serve new growth and
development that is reasonably related to the new development that creates additional demand
and need for public facilities, that is a proportionate share of the cost of the school facilities, and
that is used for such facilities that reasonably benefit the new development. "Impact fee" does
not include a reasonable permit or application fee.
School Impact Fees Ordinance - 3
P) "Impact fee schedule" means the impact fees to be charged per dwelling unit of
development that shall be paid as a condition of residential development with the City.
Q) "Interlocal agreement" means the agreement between the District and the City
governing the operation of the school impact fee program and describing the relationship, duties
and liabilities of the parties.
R) "Permanent facilities" means facilities of the District, including relocatable
facilities.
S) "Program standard" means the standard adopted by the District which identifies
the program year, the class size by grade span and taking into account the requirement of
students with special needs, the number of classrooms, the types of facilities the District
determines will best serve its student population, and other factors as identified by the District.
T) "Proportionate share" means that portion of the cost of public facility
improvements that are reasonably related to the service demands and needs of new development.
U) "Relocatable facilities (also referred to as Portables)" means any structure,
transportable in one or more sections, that is intended to be used as an education space to meet
the needs of service areas within the District, to provide specialized facilities, or to cover the gap
between the time that families move into new residential developments and the date that
construction is completed on permanent school facilities.
V) "Service area" means property within the City limits of the City of Pasco,
including hereafter annexed territory, served by the Pasco School District No. 1.
W) "State match (SM)" means the amount the District may receive from the state to
pay a portion of the construction costs for schools identified in the capital facilities plan.
X) "Student factor (SF)" means the number of students typically generated from one
residential unit for each type of school facility. This is determined by dividing the number of
residential units built in the district into the number of students enrolled in each grade span.
Student factors shall be based on District records of average actual student-generated rates for
single-family and multifamily developments constructed over a period of not more than six (6)
years prior to the date of the fee calculation; provided, that if such information is not available in
the District, data from adjacent districts, or districts with similar demographics or county-wide
averages may be used. Student factors must be updated when the District's capital facility plan
is updated and separately determined for single-family and multifamily dwelling units and for
grade spans.
3.133.025 CAPITAL FACILITY PLAN REQUIRED. To be eligible to receive
school impact fees; the District shall adopt and submit a capital facilities plan that contains the
District's standard of service, an inventory of facilities, capacity by grade span, a six-year
student enrollment forecast, facility needs and costs, a finance plan and calculation of the school
impact fees. The District shall file an update to its capital facility plan at least once every two
School Impact Fees Ordinance- 4
years. The City will consider the District's capital facility plan, and bi-annual updates, and, if
adopted, incorporate it in the Capital Facilities Element of the City's Comprehensive Land Use
Plan,
3.133.030 ASSESSMENT OF IMPACT FEES.
A) Fee Required. Each development activity within the service area, as a condition
of approval, shall be subject to the school impact fee established pursuant to this Chapter. The
school impact fee shall be calculated in accordance with the formula established in Attachment
A, and as may be hereafter amended. The school impact fee, together with administrative costs
due and payable, shall be that amount designated in PMC 3.07.230. The school impact fee shall
be required prior to the issuance of building permits, unless deferred as provided below. The
amount of the school impact fee shall be based on the fee schedule in effect at the time of the
building permit application.
B) Impact Fee Limitations.
1) School impact fees shall be imposed for District capital facilities that are
necessarily related to the development under consideration, shall not exceed a
proportionate share of the costs of the system improvements that are reasonably needed
to the development, and shall be used for system improvements that will reasonably
benefit the new development.
2) School impact fees must be expended or encumbered for permissible use
within ten (10) years of receipt by the District.
3) To the extent permitted by law, school impact fees may be collected for
capital facilities costs previously incurred to the extent that new growth and development
will be served by the previously constructed capital facilities, provided, that school
impact fees shall not be imposed to make up for any existing system deficiencies.
4) A developer required to pay a fee pursuant to RCW 43.021C.060 (SEPA)
for capital facilities shall not be required to pay a school impact fee pursuant to this
Chapter and RCW 82.02.050 through RCW 82.02.090 for the same capital facilities.
C) Credit for In-Kind Contributions,
1) A developer may request and the District may grant a credit against school
impact fees otherwise due under this Chapter for the value of any dedication of land,
improvement to, or new construction of any capital facilities identified in the District's
capital facilities plan provided by the developer. Such requests must be accompanied by
supporting documentation of the estimated value of such in-kind contributions. All
requests must be submitted to the District in writing prior to the City's determination of
the impact fee.
School Impact Fees Ordinance - 5
2) Where the District determines that a development activity is eligible for a
credit for a proposed in-kind contribution, it shall provide the City and the developer with
a letter setting forth the justification for and a dollar amount of the credit, the legal
description of any dedicated property, and a description of the development activity to
which the credit may be applied. The value of any such credit may not exceed the impact
fee obligation of the development activity application.
3) Where there is agreement between the developer and the District
concerning the value of proposed in-kind contributions, the developer's eligibility for a
credit, and the amount of any credit, the City may:
a) Approve the request for credit and adjust the impact fee
obligation accordingly; and
b) Require that such contributions be made as a condition of
development approval. Where there is disagreement between the
developer and the District regarding the value of in-kind contributions,
however, the City may render a decision that can be appealed by either
party pursuant to the procedures provided in PMC 3.132.110 below.
D) SEPA Mitigation and Other Review.
1) The City shall review development proposals and development activity
permits pursuant to all applicable State and local laws and regulations, including the State
Environmental Policy Act (Chapter 43.21C RC W), the State subdivision law (Chapter
58.17 RCW), and the applicable sections of this Code. Following such review, the City
may condition or deny development approval as necessary or appropriate to mitigate or
avoid significant adverse impacts to school services and facilities, to assure that
appropriate provisions are made for schools, school grounds, and safe student walking
conditions, and to ensure that development is compatible and consistent with the
District's services, facilities, and capital facilities plan.
2) Impact fees required by this Chapter for development activity, together
with compliance with development regulations and other mitigation measures offered or
imposed at the time of development review and development activity review, shall
constitute adequate mitigation for all of a development's specific adverse environmental
impacts on the school system for the purposes of this Chapter. Nothing in this Chapter
prevents a determination of significance from being issued, the application of new of
different development regulations, and/or requirements for additional environmental
analysis, protection, and mitigation measures to the extent required by applicable law.
3.133.040 SCHOOL IMPACT FEE DEFERRAL OPTION. The developer, may, at
its option, deposit into an interest-bearing account maintained by the City, an amount equal to
the total school impact fees due as a result of the development activity. The fees shall be secured
by the deposit, and the deposit refunded to the developer upon payment of the impact fee at the
time of closing of the sale or refinance of each unit, the issuance of a certificate of occupancy of
School Impact Fees Ordinance -6
each unit, or 12 months from the date of issuance of the original building permit, whichever
event first occurs. Upon payment of the school impact fee, the City shall refund to the developer
their deposit, or the developer may elect to continue the deposit for security for the payment of
school impact fees for other development activities.
3.133.050 EXEMPTIONS. The following development activities are exempt from
the requirements of this Chapter.
A) Reconstruction, remodeling or construction of housing projects for the elderly,
including nursing homes, retirement centers, assisted living facilities or other types of housing
projects that are age restricted for the elderly, which have recorded covenants or declaration of
restrictions precluding school-aged children as residents of those projects. This exemption does
not include individual single-family homes on platted lots unless the subject plat has such age-
restricted recorded covenants. Where such covenants have not already been recorded, but the
exemption is sought, the City may require the recording of a covenant or recorded declaration of
restriction precluding the property for other than exempt purposes. If property using this
exemption is subsequently used for a nonexempt purpose, the school impact fees then in effect
shall become immediately due and payable.
B) Rebuilding of lawfully established dwelling unit(s) destroyed or damaged by fire,
flood, explosion, act of nature, or other accident or catastrophe; provided, that such rebuilding
takes places within one (1) year after destruction and that no additional dwelling units are
created.
C) Alteration, expansion, reconstruction, remodeling, or rebuilding of existing
single-family or multifamily dwelling units, including mobile or manufactured homes; provided,
that no additional dwelling units are created.
D) Condominium projects in which existing dwelling units are convened into
condominium ownership and where no new dwelling units are created.
E) Any development activity for which school impacts have been mitigated pursuant
to a condition of a plat, short plat, planned unit development, binding site plan or similar
approval to pay fees, dedicate land or construct or improve school facilities, unless the condition
of that plat, planned unit development, short plat, or binding site plan approval provides
otherwise. The condition of the plat, planned unit development, short plat, site plan, or other
similar approval must have been secured prior to March 5, 2012, the effective date of the fee
imposition by the City and was actually imposed specifically as mitigation for impacts upon the
District. Proof must also be submitted to the City that the required mitigation has been tendered
for the development activity which would otherwise be subject to this Chapter.
F) Any development activity for which school impacts have been mitigated pursuant
to a voluntary agreement entered into with the District to pay fees, dedicate land or construct or
improve school facilities, unless the terms of the voluntary agreement provide otherwise. The
agreement and development activity application must also have been secured prior to March 5,
2012, the effective date of the school impact fee. Proof must also be submitted to the City, prior
School Impact Fees Ordinance -7
to issuance of the development activity permit, that the required mitigation has been tendered for
the development activity which would otherwise be subject to this Chapter.
G) The replacement of a mobile home with another mobile home within an existing
mobile home park.
3.133.060 PERMITTED ADJUSTMENTS.
A) The current school impact fee may be adjusted by the Director of Community &
Economic Development, if one of the following circumstances exists:
1) The developer demonstrates that an impact fee assessment was improperly
calculated; or
2) Unusual circumstances demonstrated by the developer that adjustments to
the school impact fee at the time the fee is imposed are necessary to accommodate
unusual circumstances in specific cases to ensure that the impact fees are imposed fairly.
B) Developer demonstrates that the school impacts have been mitigated pursuant to a
voluntary agreement entered into with the District upon the dedication of land or the construction
or improvement of school facilities that warrant either a reduction, or exemption, from the
payment of school impact fees.
C) In all cases where the developer requests an adjustment or exemption from fees,
the Director of Community & Economic Development shall consult with the District and the
District shall advise the Director of Community & Economic Development prior to the Director
making the final impact fee determination. The Director of Community & Economic
Development, shall, consider in addition to the advice of the District, any studies, data,
calculations and reports provided by the developer as a part of its request for a fee calculation
adjustment prior to making the final impact fee determination.
D) The developer, or the District, may appeal the final determination of the Director
of Community & Economic Development regarding adjustments, exemptions, or credits to be
applied to the school impact fee obligation in the same manner as provided in PMC 3.132.110
"Appeals."
3.133.070 SCHOOL IMPACT FEE FUND. There is established and created a
special fund to be known as the "School Impact Fee Fund" and to wluch all school district
impact fees shall be deposited. On a monthly basis, and in accordance with the current Interlocal
Agreement between the City and the District, the City shall remit to the District the school
impact fees collected in the preceding month. Impact fees received by the District shall be
earmarked specifically and retained by the District in appropriate interest-bearing accounts. All
school impact funds and interest shall be expended for the purpose as may be permitted by law.
Annually, in accordance with the Interlocal Agreement, the District shall prepare and
submit to the City a report on school impacts fees and the school impact fee account showing the
School Impact Fees Ordinance- B
source and amount of all monies collected, earned, received, and the public improvements that
were financed in whole or in part by the school impact fees.
3.133.080 SCHOOL IMPACT FEE REFUNDS.
A) The current owner of the property on which a school impact fee has been paid,
may receive a refund of such fees if the school impact fees have not been expended or
encumbered within ten (10) years of receipt of the school impact fees by the District, unless there
exist an extraordinary or compelling reason for fees to be held longer than ten (l 0) years. Such
extraordinary or compelling reason shall be identified to the City by the District in a written
report. In any decision approving such extension, the City shall identify the District's
extraordinary or compelling reasons for the fees to be held longer than ten (10) years in written
findings. In determining whether impact fees have been encumbered, impact fees shall be
considered encumbered on a first in, first out basis.
B) if a school impact fee is not expended or encumbered within ten (10) years and
the City has not approved an extension, the District shall notify potential claimants of their right
to request a refund by first class mail deposited in the United States postal service addressed to
the current owner of the property as shown in the Franklin County tax records.
C) An owner' s request for a refund must be submitted to the District in writing
within one (1) year of the date the right to claim the refund arises or the date that notice is given,
whichever shall last occur. Any impact fees that are not expended or encumbered by the District
in conformance with the capital facilities plan within these time limitations, and for which no
application for a refund has been made within this one-year period, shall be retained and
expended consistently with the provisions of the law. Refunds of impact fees shall include any
interest earned on the impact fees.
D) A developer may request and shall receive a refund, including interest earned on
the impact fees, when;
1) The developer does not proceed to finalize the development activity as
required by statute, City code, or the applicable building codes; and
2) The District or the City has not expended or encumbered the impact fees
in good faith prior to the application for a refund. In the event that the District or the City
has expended or encumbered the fees in good faith, no refund shall be forthcoming.
However, if within a period of three years, the same or subsequent owner of the property
for which fees were paid, proceeds with the same or substantially similar development
activity, the owner shall be eligible for a credit equal to the school impact fees paid and
accrued actual interest. The owner must petition the City and the District in writing and
provide receipts of impact fees paid by the owner for a development of the same or
substantially similar nature on the same property or some portion thereof. The City after
consultation with the District, shall determine whether to grant a credit, and such
determinations may be appealed by following the procedures set forth in PMC 3.132.110
"Appeals.''
School Impact Fees Ordinance- 9
E) In the event the City seeks to terminate any or all school impact fee requirements,
all unexpended or unencumbered funds, including interest eamed, shall be refunded to the
current owner of the property for which an impact fee was paid. Upon the finding by the City
Council that any or all fee requirements are to be terminated, the City shall place a notice of such
termination and the availability of refunds, in a newspaper of general circulation, at least two
times, and shall notify all potential claimants by first class mail addressed to the owner of the
property as shown in the Franklin County tax records. All funds available for refund shall be
retained for a period of one (1) year. At the end of one (1) year, any remaining funds shall be
retained by the City as to funds within its possession and the District as to funds within its
possession, but must be expended for the original purposes, consistent with the provisions of this
Chapter. This notice requirement shall not apply if there are no unexpended or encumbered
balances within either the City's school impact fee fund, or the District's school impact fee
account.
3.133.090 INTERLOCAL AGREEMENT. As a condition of the City's authorization
and adoption of a school impact fee ordinance, the City and the District shall enter into an
Interlocal Agreement governing the operation of the school impact fee program, and describing
the relationship and liabilities of the respective parties. The agreement must provide that the
District shall be liable and shall defend and hold the City harmless for all damages which may
occur as a result of any failure by the District to comply with the provisions of this Chapter,
Chapter 82.02 RCW, or other applicable law. The agreement must provide that the District shall
be liable, hold the City harmless and reimburse the City for defense and payment of all claims,
including claims for damages, which may occur or arise as a result of any failure or alleged
failure to comply with this Chapter, Chapter 82.02 RCW, or other applicable law in the adoption,
administration, or implementation of the school impact fee provided in this Chapter and any
actions related to it.
3.133.100 REVIEW,
A) On or before April 15 of each year commencing on April 15, 2013, the District
shall prepare and submit to the City a report on the impact fees and the impact fee account,
showing the source and amount of all monies collected, earned, or received, and the public
improvements that were financed in whole or in part by the school impact fees, and such
additional information as may be required under the Interlocal Agreement.
B) At least once every two years, commencing April 15, 2014, the City Council shall
review and consider the District submitted capital facilities plan update as part of its
consideration of the capital facilities element of the City's Comprehensive Land Use Plan. The
City Council may also at this time determine if an adjustment to the amount of the impact fee is
necessary; provided, that any school impact fee adjustment shall require the submittal of a
written request for the adjustment from the District concurrent with the submittal of its updated
capital facilities plan. In making its decision to adjust the school impact fees, the City Council
will take into consideration the quality and completeness of the information provided in the
district's capital facilities plan and may decide to enact a fee less than the amount supported by
the capital facilities plan.
School Impact Fees Ordinance - 10
Section 2. SEVERABILITY. If any provision of this Ordinance, or its application to
any person or circumstances is held invalid by a Court of competent jurisdiction, the remainder
of this regulation or the application of the provisions of this Chapter to other parties or
circumstances, shall not be affected.
Section 3. That Section 3.07.230 of the Pasco Municipal Code shall be and hereby is
created to read as follows:
3.07.230 SCHOOL IMPACT FEES. The school impact fee; together with
administrative costs, shall be:
Fee/Charge Reference
A) Single family residence $4,700.00 3.133.030
B) Multifamily residence $4,525.00 3.133.030
Section 4. This Ordinance shall take full force and effect on April 16,2012.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of ) 2012.
Matt Watkins, Mayor
Attest: Approved as to Form:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
School Impact Fees Ordinance- 11
MEMORANDUM
DATE: February 22, 2012
TO: Gary Crutchfield, City Manager
FROM: Rick White, Community and Economic Development Director
SUBJECT: School District Impact Fees
The Pasco School District's Capital Plan (incorporated into the City Comprehensive Plan on
2/21/12) outlines needed capital facilities over the next six years (two elementary schools
and an early learning center). The Capital Plan also outlines funding of those necessary
capital investments.
A portion of the funding mix includes the assumption of an impact fee. The Capital Plan
identifies how the impact fee is calculated for single-family and multi-family dwellings. The
calculation provides for the actual cost per student for needed facilities and then provides a
number of adjustments against that actual cost. These adjustments include:
• Calculating the cost for "brick and mortar" facilities only for new students (an
impact fee cannot be used to correct existing deficiencies),
• Reducing the cost per student to account for the amount of State funding per
square foot that is provided for new public educational facilities,
• A factor for the payment of future property taxes (and capital bond costs) that will
be paid by the owner of a new dwelling,
• A reduction in the fee to insure that the fee does not pay for more than the impacts
of new students.
The calculation contained in the Capital Plan follows a recognized and tested formula in the
State of Washington. It is identical to the fee calculations used by most public entities.
There has been discussion about moving the point of collection of the school impact fee
from the building permit stage (as with park and/or traffic fees) to the closing stage of the
sale or occupancy of the home. Staff notes this may unnecessarily complicate closing home
sales or fail to provide any measurable cost savings to the buyer.
Deferral of the fees would require the developer to assign a lien against the property that
would be filed and then removed upon closing — presumably through escrow. Lenders are
1
unlikely to place themselves in a second position if the fees are deferred until dosing. This
places the City in second position to collect the lien if the developer defaults on the
underlying loan and creates a risk that may be unacceptable to the City. Lenders have also
noted that a procedure such as this may unnecessarily complicate the closing procedure and
provide an additional point of contention at a very late stage in the sale process. It is
probable that the lender will require the developer to assume a larger project loan in order
to pay the fee up front and avoid encumbering the property.
Deferring the collection until sale or occupancy will also require administrative costs —
including recording and release fees that are properly obtained from the developer. It is
expected that minimum fees for this to occur will be $289 ($124 for recording and release
of a lien and $164 for a first stage title report). These costs appear to be more than any
savings that may accrue if the point of collection is deferred in this manner.
An option may be to require a cash deposit of the impact fee with the City into an interest
bearing account when a building permit application is submitted, This will insure the fee will
be paid if a default occurs, and will eliminate the need for a lien. The developer could also
leave the deposit in the account for future building permits. An administrative fee should be
charged for costs associated with tracking and processing the cash deposit, but this is
expected to be far less than the costs associated with a lien against a property. This option
has been included in the proposed ordinance.
2
AGENDA REPORT
FOR: City Council February 29, 2012
TO: Gary Crutchfitid,,--'1Ft'tX Manager Regular Mtg.: 3/5/12
FROM: Rick White,
Community &Economic Development Director r
SUBJECT: Code Amendment for Title 16 PMC
I. REFERENCE(S):
I. Proposed ordinance
2. Memo to the City Manager
I1. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/5: MOTION: I move to adopt Ordinance No. , an ordinance creating a new
section in Title 16 of the Pasco Municipal Code concerning the time
limit of applications for building permits, and further, authorize
publication by summary only.
111. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. Title 16 of the Pasco Municipal Code (PMC) adopts pertinent sections of the
International Building Code (IBC) for regulating a variety of activities. Section
105.3.2 of the IBC establishes a validity period of 6 months for an application for
a building permit.
B. The City's procedure for submittal of residential building permit applications is
straightforward. An application is considered complete upon submittal of the
completed application form and a site plan. There is no application fee and there
is no limit on the number of applications that can be submitted. Once a complete
application is submitted, the application is considered "vested" and is legally able
to proceed to construction with regulations in effect at the time of submittal.
C. City Council will consider an ordinance that would establish a school impact fee.
At the request of the Home Builders Association of the Tri-Cities, the proposed
ordinance has an effective date of April 16. This allows pending contracts or
projects to reach completion before a school impact fee is implemented. Given the
ease of submittal of an application, it can be expected that individuals will submit
as many applications as possible on a speculative basis in an effort to avoid a
school impact fee.
V. DISCUSSION:
A. A reasonable measure to minimize the speculative submittal of applications is to
establish a shortened time limit for the validity of a permit application. A 30 day
time limit is recommended and is contained in the proposed ordinance.
B. The IBC gives the Building Official the ability to grant extensions to the validity
period where extensions can be justified. This will establish a relief option for
bona fide residential applications. Commercial and industrial permit applications
already have a 90 day validity period as a result of Administrative Order 76
(Building Permit/Development Review Process).
8(c)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON AMENDING TITLE
16 OF THE PASCO MUNICIPAL CODE, REGARDING TIME LIMITATION OF
BUILDING PERMIT APPLICATIONS.
WHEREAS, Title 16 of the Pasco Municipal Code adopts certain provisions of the International
Building Code regulating time limitations of building permit applications; and
WHEREAS, Section 105. 3.2 of the International Building Code establishes a time period of
valid applications at six months; and
WHEREAS, A six month validity period presents an extended period of vesting that prevents
implementing lawfully established amendments and additions to the Pasco Municipal Code: and
WHEREAS, A validity period of six months necessitates the City amend Title 16 of the Pasco
Municipal Code to adjust the time lirnitation for building permit applications; and
WHEREAS, Section 105.3.2 of the International Building Code allows extensions of the validity
period by the Building Official where just cause is shown; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY
ORDAIN AS FOLLOWS:
Section 1. That Chapter 16,04.030 of the Pasco Municipal Code shall be and the same is hereby
created and shall read as follows;
16.04.030 AMENDMENT OF IBC SECTION 105.3,2. Section 105.3.2 of the International Building
Code shall be amended to read as follows: Time limitation of building permit application. An application
for a permit for any proposed work or construction regulated by Title 16 of the Pasco Municipal Code
shall be deemed to have been abandoned 30 days after the date of acceptance by the City of Pasco, unless
such application has been pursued in good faith or a permit has been issued, excel2t that the building
official is authorized to grant one or more extensions of time for additional periods not exceediny30 dam
each.The extetssi4n shall be requested in writing and justifiable cause dmonstrated.
Section 2. This Ordinance shall take frill force and effect 5 days after approval, passage and
publication as required by law.
PASSED by the City Council of the City of Pasco this_ day of , 2012.
Matt Watkins, Mayor
ATTEST:
Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney
Page 1 of 1
MEMORANDUM
DATE: February 29, 2012
TO: Gary Crutchfield, City Manager
FROM: Rick White,
Community & Economic Development Director
SUBJECT: IfTloct Fees and Nested Permit Agg ications
An ordinance providing for the implementation of a school impact fee will be on the March 5, 2012
City Council Agenda. Assuming the ordinance is approved, there will be a period of time until it is
effective. The effective date of the impact fee Is established at April 16, 2012 in the proposed
ordinance at the request of the Home Builders Association of the Tri-Cities. This lag in the effective
date was to allow realtors, brokers and lenders to finalize contracts already in place.
The period of time before the effective date of the ordinance presents a significant concern. The City
of Pasco has no application fee for submittal of a building permit application for a residential building
permit. In addition, a building permit application is also valid for a six month period per the adopted
and applicable section of the International Building Code. If a complete application for a residential
building permit is submitted between now and April 16`h (the effective date of the proposed
ordinance) the application will "vest" and won't be required to pay an impact fee. It would not be
unexpected or unusual for a number of building permit applications to be received by one or many
builders/developers in an effort to avoid paying an impact fee. Indeed, it is reasonable to expect a
number of applications because submittal of a complete application is a paper process only - there is
no application fee and a builder has six months in order to find a buyer before the application
expires.
As a proposed solution to this pressing issue, staff recommends that an amendment to Title 16 occur
which would amend the appropriate section of the International Building Code to establish a validity
period of 30 days for building permit applications. This is a reasonable measure to assure that a run
on building permits will not occur in an effort to avoid paying a school impact fee or complying with
any other construction regulation that may be adopted by Council. The 30 day application validity
period is recommended as staff typically needs only 7-10 days to review an application for a building
permit. In addition, the International Building Code allows the Building Official to grant an extension
of time when justifiable cause is demonstrated. In fact, Administrative Order 76 already establishes a
validity period of 90 days for permit applications of a commercial or industrial nature.
The applicable section of the IBC is as follows:
105.3.2 Time limitation of application.An application for
a permitfor any proposed work shall be deemed to have
been abandoned 180 days after the date of filing, unless such
application has been pursued in good faith or a permit has
been issued; except that the building oftrcial is authorized to
grant one or more extensions of time for additional periods
not exceeding 90 days each. The extension shall be
requested in writing and justifiable cause demonstrated,
AGENDA REPORT NO. 5
r�
FOR: City Council i February 29, 2012
TO: Gary Crutchfield; tiger
Ahmad Qayoumi; Works Director
FROM: Michael A. Pawlak, City Engineer Regular Mtg.: 03/5/12
SUBJECT: Award Process Water Reuse Facility Irrigation Circle Replacement
Project 4C7-SR-2R-12-01
L REFERENCE(S):
1. Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
03/05: MOTION: I move to award the low bid for the Process Water Reuse
Facility Irrigation Circle Replacement to Valmont Northwest,
Inc., in the amount of$97,825.27, plus applicable sales tax, and
further, authorize the Mayor to sign the contract documents.
III. FISCAL IMPACT:
Water/Sewer Fund
IV. HISTORY AND FACTS BRIEF:
A) The City owns fourteen irrigation circles at the Process Water Reuse Facility
(PWRF). These irrigation circles or pivots have been on a replacement schedule
shown in the City's Capital Improvement Plan. Thirteen circles have been
replaced since 1998.
V. DISCUSSION:
A) The City advertised for bids to furnish and install an irrigation circle replacement
on February 19, 2012 and February 26, 2012.
B) On March 1, 2012, staff received one (1) bid for the Process Water Reuse Facility
Irrigation Circle Replacement, Project #C7-SR-2R-12-01. The low bid was
received from Valmont Northwest, Inc. in the amount of $97,825.27, plus
applicable sales tax.
C) Staff recommends award of the contract to Valmont Northwest, Inc.
10(a)
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