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HomeMy WebLinkAbout2006.07.17 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. July 17,2006 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 June 19, 2006. (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$1,885,804.16 ($63,503.64 being in the form of Wire Transfer Nos. 4565 and 4569 and, $1,822,300.52 consisting of Claim Warrants numbered 155352 through 155603). 2. To approve General Claims in the amount of$2,177,415.57 ($63,216.77 being in the form of Wire Transfer Nos. 4570 and 4574 and, $2,114,198.80 consisting of Claim Warrants numbered 155604 through 155858). 3. To approve Payroll Claims in the amount of $1,516,599.44, Voucher Nos. 34669 through 34826; and EFT Deposit Nos. 30010928 through 30011419. 4. To approve bad debt write-offs for utility billing, ambulance, miscellaneous, code enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$185,876.67, and, of that amount, authorize $136,323.49 be turned over for collection. (c) Baseball Stadium Improvements: I. Agenda Report from Stan Strebel, Administrative & Community Services Director dated July 12, 2006. 2. Proposed Professional Services Agreement. 3. Shade Concept Drawing. To approve the Professional Services Agreement with SCM Consultants, Inc., for baseball stadium design and construction services and, further, to authorize the City Manager to sign the agreement. (d) Ambulance and Emergency Medical Services Rate Study: 1. Agenda Report from Jim Chase, Finance Manager dated July 11,2006. 2. Proposed Professional Services Agreement. 3. Spreadsheet Summarizing Ambulance Revenues/Rates/Expenditures. To approve the Professional Services Agreement with HDR Engineering, Inc., for the preparation of an Ambulance and Emergency Medical Services Utility Rate Study and, further, authorize the City Manager to sign the agreement. (e) Resolution No. 2966, a Resolution urging that the Ainsworth Overpass be named in honor of Charles Kilbury. 1. Agenda Report from Gary Crutchfield, City Manager dated July 6, 2006. 2. Proposed Resolution. To approve Resolution No. 2966, urging the State Transportation Commission to name the Ainsworth Overpass in honor of Charles Kilbury. *(f) Resolution No. 2967, a Resolution accepting work performed by Ray Poland & Sons, under contract for the Court Street Water and Sewer Line Extension,Project Nos. 03-1-06 and 03-2-04. 1. Agenda Report from Doug Bramlette, City Engineer dated July 11,2006. 2. Resolution. To approve Resolution No. 2967, accepting the work performed by Ray Poland & Sons, under contract for the Court Street Water and Sewer Line Extension,Project Nos. 03-1-06 and 03-2-04. I Regular Meeting 2 July 17,2006 (g) Appointments to Local Housing Trust Fund Oversight Committee: (NO WRITTEN MATERIAL ON AGENDA) To appoint and the Pasco Community & Economic Development Director to the Local Housing Trust Fund Oversight Committee. *(h) July Workshop Schedule: (NO WRITTEN MATERIAL ON AGENDA) To postpone the July 24 Workshop meeting to July 31,2006. (RQ MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) "Yard of the Month" Awards: (NO WRITTEN MATERIAL ON AGENDA) The following Pasco residents have been invited to attend the Council meeting to receive Certificates of Appreciation from Mayor Joyce Olson for"Yard of the Month,"June 2006. 1. Vincent and Maria Castro, 1124 W. Margaret Street 2. Andrea Leiby, 1739 N. 1801 Avenue 3. Jorge and Abby Sanchez, 6408 Wrigley Drive 4. Ron and Ginger Boom, 3011 Judemein Court (b) `Business of the Month Appearance Award": (NO WRITTEN MATERIAL ON AGENDA) The following Pasco business has been invited to attend the Council meeting to receive a Certificate of Appreciation from Mayor Joyce Olson for "Business of the Month Appearance Award"for June 2006. . 1. Best Western Pasco Inn& Suites, 2811 N. 20`h Avenue 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers. (b) Financial Services Manager: General Fund Operating Statement through June 30, 2006. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Q(a) Alley Vacation—Alley between 20th Avenue and Cartmell Street(MF#VAC-06-010): 1. Agenda Report from David I. McDonald, City Planner dated July 11,2006. 2. Proposed Ordinance and Vicinity Map. CONDUCT A PUBLIC HEARING Ordinance No. an Ordinance vacating the east/west alley abutting Block 2, Star Addition MOTION: I move to adopt Ordinance No. , vacating the east/west alley adjacent the south line of Block 2, Star Addition and, further, authorize publication by summary only. Q(b) Street Vacation—All of Saint Fran Court (MF#VAC-06-009): 1. Agenda Report from David I. McDonald, City Planner dated July 11, 2006. 2. Proposed Ordinance and Vicinity Map. CONDUCT A PUBLIC HEARING Ordinance No. ,an Ordinance vacating Saint Fran Court. MOTION: I move to adopt Ordinance No. , vacating all of Saint Fran Court and, further, authorize publication by summary only. Q(c) Street Vacation—Chestnut Avenue between "A" Street and "B" Street(MF#VAC-06-011): 1. Agenda Report from David I. McDonald, City Planner dated July 11, 2006. 2. Proposed Ordinance and Vicinity Map. CONDUCT A PUBLIC HEARING Ordinance No. ,an Ordinance vacating a portion of South Chestnut Avenue. MOTION: I move to adopt Ordinance No. , vacating South Chestnut Street lying between"A" Street and"B" Street and, further, authorize publication by summary only. Regular Meeting 3 July 17,2006 Q(d) Street Vacation-A Portion of North California Avenue(MF#VAC-06-008): 1. Agenda Report from David I. McDonald, City Planner dated July 11, 2006. 2. .Proposed Ordinance and Vicinity Map. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating a portion of North California Avenue. MOTION: I move to adopt Ordinance No. , vacating a portion of North California Avenue and, further, authorize publication by summary only. Q(e) Street Vacation - Portions of East George Street and East Adelia Street (MF #VAC-06- 012): 1. Agenda Report from David 1. McDonald, City Planner dated July 3, 2006. 2. Proposed Ordinance and Vicinity Map. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating portions of East George Street and East Adelia Street. MOTION: I move to adopt Ordinance No. vacating portions of East George Street and East Adelia Street and, further, authorize publication by summary only. Q(f) Street Vacation-A Portion of North Fourth Avenue(MF#VAC-06-007): 1. Agenda Report from David 1. McDonald, City Planner dated July 3, 2006. 2. Proposed Ordinance and Vicinity Map. CONDUCT A PUBLIC HEARING Ordinance No. ,an Ordinance vacating a portion of North Fourth Avenue. MOTION: I move to deny the vacation request for a portion of North Fourth Avenue. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco, Washington, Granting Cascade Natural Gas Corporation, a Washington Corporation, it successors, grantees and assigns the nonexclusive right, privilege, authority and franchise to construct, operate, maintain, remove, replace and repair existing and future pipeline facilities, together with equipment and appurtenances thereto, for the transportation and distribution of natural gas within and through the City of Pasco. 1. Agenda Report from Gary Crutchfield, City Manager dated July 11,2006. 2. Proposed Franchise Ordinance. MOTION: I move to adopt Ordinance No. approving the Franchise with Cascade Natural Gas Corporation and, further, authorize publication by summary only. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: Q*(a) Special Permit: Rose Vista Hospice Center-Community Service Facility in an R-S-12 Zone (Tri-City Chaplaincy) (MF#SP06-007): 1. Agenda Report from David 1. McDonald, City Planner dated July 3, 2006. 2. Report to Planning Commission dated 5/18/06. 3. Planning Commission Minutes dated 5118106 and 6/15106. MOTION: I move to approve the Special Permit for the Rose Vista Hospice Center, as recommended by the Planning Commission. Q*(b) Special Permit: Location of a Park-Village at Pasco Heights Park-Wrigley Drive (City of Pasco) (MF#SP06-006): 1. Agenda Report from David 1. McDonald, City Planner dated July 3, 2006. 2. Report to PIanning Commission dated 5/18/06. 3. Planning Commission Minutes dated 5/18/06 and 6/15/06. MOTION: I move to approve the Special Permit for the Village at Pasco Heights Park, as recommended by the Planning Commission. Q*(c) Special Permit: Location of a Park- Casa Del Sol Park-Laredo Drive(City, of Pasco) (MF #SP06-005): 1. Agenda Report from David 1. McDonald, City Planner dated July 3,2006. 2. Report to Planning Commission dated 5/18/06. 3. Planning Commission Minutes dated 5/18106 and 6/15/06. MOTION: I move to approve the Special Permit for the Casa Del Sol Park, as recommended by the Planning Commission. Regular Meeting 4 July 17,2006 *(d) North Burden Parks (Casa Del Sol and Village at Pasco Heights) Development, Project No. 06-6-01: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated July 12, 2006. 2. Bid Tabulations. (RC) MOTION: I move to award the contract for the North Burden Parks Development Project to the low bidder, Jesse's Lawn Maintenance, in the amount of$482,298.35 including sales tax, for the base bid and Alternate 3,Alternate 4 (2 units) and Alternate 5. *(e) Road 68 Widening West Side,Phase 1,Project No. 06-3-05: 1. Agenda Report from Doug Bramlette, City Engineer dated July 12, 2006. 2. Vicinity Map. 3. Bid Summary. (RC) MOTION: I move to award the low bid for the Road 68 Widening West Side, Phase I Project No. 06-3-05 to Transtate Paving Company in the total amount of $55,175.00 and, further, authorize the Mayor to sign the contract documents. I1. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...." Q Quasi-Judicial Matter REMINDERS: 1. 6:00 p.m., Monday, July 17, Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK) 2. 5:30 p.m., Wednesday, July 19, Roy's Smorgy — Good Roads Association Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep., MAYOR JOYCE OLSON, Alt.) 3. 12:00 p.m., Thursday, July 20, 322 W. Columbia Street -- Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.,MATT WATKINS,Alt.) 4. 1:30 p.m., Thursday, July 20, Conference Room #1 — Regional Public Facilities District Oversight Committee Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS) 5. 11:30 a.m., Friday, July 21, Roy's Smorgy — Benton Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN,Alt.) 6. 4:00 p.m., Monday, July 24, Port of Benton— Hanford Area Economic Investment Fund Board Meeting. (COLTNCILMEMBER MATT WATKINS, Rep.; JOE JACKSON,Alt.) 7. 7:30 a.m., Thursday, July 27, Courtyard by Marriott, Richland— Tri-Cities Visitor& Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.; TOM LARSEN, Alt.) 8. 4:00 p.m., Thursday, July 27, Three-Rivers Convention Center — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN,Alt.) 9. 5:30 p.m., Thursday, July 27, 710 W. Court Street -- Community Action Committee Board Meeting. (MAYOR JOYCE OLSON,Rep.; COUNCILMEMBER REBECCA FRANCIK, Alt.) 10. 7:00 p.m., Thursday, July 27, 800 W. Canal Drive, Benton-Franklin District Board of Health Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS) 11. 7:30 a.m., Friday, July 28, Richland City Council Chambers — Hanford Communities Governing Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.;JOE JACKSON,Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 19, 2006 CALL TO ORDER The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Joe Jackson, Tom Larsen, Joyce Olson, and Matt Watkins. Staff present: Gary Crutchfield, City Manager; Benjamin Riley, acting City Attorney; Richard Smith, Community & Economic Dev. Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Doug Bramlette, City Engineer and Elden Buerkle, Management Assistant. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated June 5, 2006. (b) Bills and Communications: To approve General Claims in the amount of$2,528,723.08 ($42,362.52 being in the farm of Wire Transfer Nos. 4560 and 4563 and, $2,486,360.56 consisting of Claim Warrants numbered 155086 through 155351). To approve bad debt write-offs for utility billing, ambulance and Municipal Court non- criminal, criminal and parking accounts receivable in the total amount of$272,837.61, and, of that amount, authorize $207,156.61 be turned over for collection. (c) Renewal of Contract for Prosecutor Services: To approve the renewal contract for Prosecutorial Services with Terry M. Tanner and Raymond G. Hui and, further, authorize the City Manager to execute the agreement. (d) Final Plat—Loviisa Farms II, Phase 7(Aho Construction) (MF #FP06-003): To approve the final plat for Loviisa Farms II, Phase 7. (e) Resolution No. 2962, a Resolution accepting work performed by Gelco Services, under contract for the 2005 Sewer Lining Project No. 05-1-15. To approve Resolution No. 2962, accepting the work performed by Gelco Services under contract for the 2005 Sewer Lining Project No. 05-1-15. (f) Resolution No. 2963, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Chestnut Avenue. To approve Resolution No. 2963, fixing 7:00 p.m., July 17, 2006 as the time and date for a public hearing to consider the proposed vacation. (g) Resolution No. 2964, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of East George Street and a portion of East Adelia Street. To approve Resolution No. 2964, fixing 7:00 p.m., July 17, 2006 as the time and date for a public hearing to consider the proposed vacation. (h) Cancellation of Business Meeting: I 1 3(a)•1 MINUTES :REGULAR MEETING PASCO CITY COUNCIL JUNE 19, 2006 To cancel the July 3, 2006, Business Meeting. MOTION. Mr. Watkins moved to approve the Consent Agenda as read. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Ms. Francik reported on the Freight Mobility Strategic Investment Board meeting. Mayor Olson attended the annual Juneteenth Pageant and Parade, the Washington Round Table meeting at Battelle and attended a dinner in honor of the friendship between the Republic of Peru and the State of Washington. Mr. Larsen attended the Pasco Downtown Development Association meeting, the Emergency Medical Services meeting and Benton-Franklin Council of Governments Board Meeting. He also reported he took part in the Juneteeth parade. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation -A Portion of East Clark Street (MF #VAC-06-006): Mr. David McDonald, City Planner, explained the details of the Vacation. Ordinance No. 3778, an Ordinance vacating a portion of East CIark Street. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. MOTION. Mr. Watkins moved to adopt Ordinance No. 3778, vacating a portion of East Clark Street and, further, authorize publication by summary only. Ms. Francik seconded. Motion carried. Six-Year Transportation Improvement Plan 2006-2011: Council and Staff discussed the Transportation Plan. Resolution No. 2965, a Resolution adopting the revised and extended Comprehensive Street, Storm Drain and Bridge Programs for the City of Pasco. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE SIX-YEAR TRANSPORTATION PLAN. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST, AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. MOTION: Mr. Watkins moved to approve Resolution No. 2965, thereby adopting the City's Six-Year Transportation Improvement Plan for 2007 through 2012. Mr. Jackson seconded. Motion carried. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Fireworks Violations: Council and Staff dicussed the proposed Ordinance. Ordinance No. 3779, an Ordinance of the City of Pasco, Washington, designating the Possession and Use of Fireworks as a Civil Infraction amending Section 16.40.110 and Section 16.40.180. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 19, 2006 MOTION: Mr. Watkins moved to adopt Ordinance No. 3779, making the possession and use of fireworks a civil infraction and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried. No—Larsen. NEW BUSINESS: Award Lewis Street/"A" Street Connector, Project No. 06-3-06: MOTION: Mr. Watkins moved to award the low bid for the Lewis Street/"A" Street Connector, Project No. 06-3-06 to Transtate Paving Company for the total amount of $459,035.80 and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Ms. Loretta Welch, 1808 E. Adelia, thanked Council for the April 30,2006, Proclamation recognizing the 57`h anniversary of St. James Christian Methodist Episcopal Church. She also suggested the City Noise Ordinance be posted in neighborhoods around the city. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:52 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 17'h day of July, 2006. I 3 CITY OF PASCO Council Meeting of: July 17,2006 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,thtid ne reby certify under penalty of perjury that the materials have been furnished,the servic or the lab r performed as described herein and that the claim is a just,due and unpaid obliga the city a d that we are authorized to authenticate and gextify to said cl _ (/ 7 Gary ruts eld7"ana James W, ase, Finance Manager W ,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 4565 and 4569 in the amount of$63,503.64, have been authorized;that Check No.s 155352 through 155603 dated July 3, 2006 are approved for payment in the amount of$1,822,300.52,for a combined total of $1,885,804.16 on this 17th day of July,2006. Councilmember Councilmember SUMMARY OF CLAIMSlWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 560.47 Judicial 4,241.76 Executive 8,078.30 Police 149,929.73 Fire 6,048.02 Administration &Community Services 68,537.66 Community Development 2,848.80 Engineering 4,694.05 Non-Departmental 79,482.32 Library 77,497.85 TOTAL GENERAL FUND: 401,918.96 STREET 46,921.26 C. D_ BLOCK GRANT 8,322.06 KING COMMUNITY CENTER 3,246.44 AMBULANCE SERVICE 2,185.50 CEMETERY 4,858.57 ATHLETIC PROGRAMS 3,021.66 SENIOR CENTER 6,579.40 MULTI MODAL FACILITY 3,863.01 RIVERSHORE TRAIL&MARINA MAIN 94.38 LITTER CONTROL 0.00 REVOLVING ABATEMENT 841.00 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 6,950.49 SUN WILLOWS RESIDENTIAL DEVELOPMENT 42.28 METRO DRUG TASK FORCE 1,596.82 METRO DRUG FORFEITURE FUND 503.48 GENERAL CONSTRUCTION 10,246.26 WATER/SEWER 1,222,10158 EQUIPMENT RENTAL-OPERATING 19,087.63 EQUIPMENT RENTAL- REPLACEMENT 0.00 MEDICAL/DENTAL INSURANCE 97,336.89 CENTRAL STORES 3,930.54 FIRE PENSIONS 5,715.66 PAYROLL CLEARING 36,307.93 LID CONSTRUCTION 130.36 GRAND TOTAL ALL FUNDS: $ 1,885,804.16 3(b).1 CITY OF PASCO Council Meeting of: July 17,2006 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington l We,the un ersjgned,oo hereb certify under penalty of perjury that the materials have been furnished,the services re dered or'fhe labor pe ormed as described herein and that the claim is a just,due and unpaid obligation a ainst tT city and th we are authorized to authenticate and certify to said claim. Gary Cr a City anager James W.Chase, Finance Manager undersigned City Counciimembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 4570 and 4574 in the amount of$63,216.77, have been authorized;that Check No.s 155604 through 155858 are approved for payment in the amount of$2,114,198.80,for a combined total of$2,177,415.57 on this 17th day of July, 2006. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 1,909.75 Judicial 13,505.11 Executive 3,310.63 Police 28,059.87 Fire 9,854.79 Administration&Community Services 72,306.12 Community Development 550.76 Engineering 3,360.92 Non-Departmental 61,955.70 Library 1,773.62 TOTAL GENERAL FUND: 196,587.27 STREET 1,156,552.18 C. D. BLOCK GRANT 699.33 KING COMMUNITY CENTER 3,226.94 AMBULANCE SERVICE 3,794.19 CEMETERY 4,061.08 ATHLETIC PROGRAMS 3,636.91 SENIOR CENTER 6,554.59 MULTI MODAL FACILITY 2,203.13 RIVERSHORE TRAIL& MARINA MAIN 87.74 SPECIAL ASSESSMNT LODGING 13,965.63 REVOLVING ABATEMENT 222.00 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 1,780.43 SUN WILLOWS RESIDENTIAL DEVELOPMENT 42.65 METRO DRUG TASK FORCE 1,231.74 METRO DRUG FORFEITURE FUND 3,734.59 GENERAL CONSTRUCTION 7,368.28 WATER/SEWER 588,459.20 EQUIPMENT RENTAL-OPERATING 31,702.01 EQUIPMENT RENTAL-REPLACEMENT 0.00 MEDICAUDENTAL INSURANCE 90,907.41 CENTRAL STORES 266.72 it PUBLIC FACILITIES DIST 22,085.32 PAYROLL CLEARING 38,246.23 LID CONSTRUCTION 0.00 GRAND TOTAL ALL FUNDS: $ 2,177,415.57 3(b).2 CITY OF PASCO Council Meeting of: Payroll Approval July 17,2006 _ The City Council City of Pasco Franklin County,Washington The o ing is mm of payroll claims against the City of Pasco for the month of June 200 whi are resented he with for your review and approval. s Ga D. Crutchfiel , City Ma ger James W. G s , Finance Manager W ,the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washing on, do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's. 34669 through 34826 and EFT deposit No's. 30010928 through 30011419 and City contributions in the aggregate amount of$1,516,599.44 are approved for payment on this 17th day of July 2006, Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 6,034.06 Judicial 50,638.59 Executive 37,348.24 Police 437,320.06 Fire 229,293.96 Administrative & Community Services 235,745.29 Community Development 50,821.35 Engineering 77,545.85 TOTAL GENERAL FUND 1,124,747.40 CITY STREET 31,403.87 BLOCK GRANT 10,938.13 MARTIN LUTHER KING CENTER 4,515.00 AMBULANCE SERVICE FUND 105,944.31 CEMETERY 5,845.38 ATHLETIC FUND 151.52 SENIOR CENTER 9,637.20 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 180.60 BOAT BASIN 23.98 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 7,959.31 WATER/SEWER 194,322.66 EQUIPMENT RENTAL-OPERATING 20,930.08 GRAND TOTAL ALL FUNDS $ 1,516,599.44 Payroll Summary Net Payroll 879,808.20 Employee Deductions 366,640.77 Gross Payroll 1,246,448.97 City of Pasco Contributions 270,150.47 Total Payroll $ 1,516,599.44 3(b).3 AGENDA REPORT FOR: City Council DATE: 07/12/2006 TO: Gary Crutchfi anager REGULAR: 07/17/2006 FROM: Stan Strebel, :RITE-OFF"S/CIOLLECTION.nis Community Services Director BT SUBJECT: BAD DE I. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. II. ACTION REOUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing, ambulance, miscellaneous, code enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$185,876.67, and, of that amount, authorize $136,323.49 be turned over for collection. III: HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address, or are accounts in"occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE -These are all delinquent accounts over 90 days past due or statements are returned. with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. MISCELLANEOUS -These are all delinquent accounts over 90 days past due or statements that are returned with no forwarding address. Those submitted for collection exceed$10.00. 4. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines,and parking violations over 30 days past due. 5. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. Amount Direct . Referred to Total Write-offs Collection Write-offs I Utility Billing $ .00 .00 .00. Ambulance $ 49,553.18 18,360.81 67,913.99 Miscellaneous $ .00 4,063.68 4,063.68 Court A/R $ .00 111,939.00 111,939.00 Liens $ .00 1,960.00 1,960.00 TOTAL: $ 49,553.18 136,323.49 185,876.67 IV. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).4 AGENDA REPORT FOR: City Council July 12, 2006 TO: Gary Crutchfi anager Workshop Mtg.: 7/10/06 Regular Mtg.: 7/17/06 FROM: Stan Strebel' dm irlistr Community Services Direc or SUBJECT: Professional Services Agreement Baseball Stadium Improvements I. REFERENCE(S): A. Proposed Professional Services Agreement B. Shade Concept Drawing II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/10: Discussion 7/17: MOTION: I move to approve the Professional Services Agreement with SCM Consultants, Inc. for baseball stadium design and construction services and further, to authorize the City Manager to sign the agreement. III. FISCAL IMPACT: Not to exceed $120,000, plus approval costs. IV. HISTORY AND FACTS BRIEF: A) In 2004 the City and the Dust Devils baseball team contracted with a stadium design consultant to identify major improvements needed at the baseball stadium. Approximately $2,500,000 of improvements were identified (inflation adjusted). The 2006 State Legislature appropriated $1,000,000 to the City for improvements at the facility. The Legislature also appropriated similar amounts for other minor league stadiums throughout the state. B) Since the action of the Legislature, the City and the Dust Devils have worked to set priorities on those improvements which could most likely be accomplished with the State grant. Proposed improvements, in order of priority, and depending on final costs, are: I. Stadium seating shade canopy. (This provides a more comfortable environment for fans.) 2. Expansion of business office and ticket sales area. (This provides for restrooms and adequate office space for the team.) 3. Home run porch infrastructure. (This provides improvements along the first base line of the stadium, allowing eventual development of seating and activity options south of the BBQ pavilion and in the outfield. This provides the team greater flexibility with hosting special events, groups and player/fan interaction activities.) C) Staff has recently undergone a process to identify an architectural engineering firm with the capability of designing and managing the construction of the identified improvements. SCM Inc. of Kennewick, (along with TetraTech Sports of Delaware) has been identified as the firm most qualified to perform these services. The attached Professional Services Agreement includes a scope of work, base fees, optional fees, project schedule and an attachment on design approach, Specific items of note: I. The fee proposed by SCM in the document($119,835.00) includes design, bidding and construction services for the first two recommended improvements (shade, office expansion)and design services for the Home Run Porch infrastructure. Once bids are received for the highest priorities,the City will be able to estimate available funding(if any)for any additional improvements. 3(c) 2. The City's requested timetable is very aggressive, calling for the initial two improvement projects to be under contract by the beginning of January with completion of construction by the beginning of June. V. ADDITIONAL COMMENTS: A) While it is expected that the 2007 legislature will consider additional funding assistance to the six communities in the state which are home to a minor league professional baseball stadium, there is little assurance that additional funding will actually be available (if so, however, it would not be available until July 2007, at the earliest). Thus, the city has two options: 1) hold the 2006 state allocation to determine if additional funds will be available next July; 2) accomplish as much as possible with the 2006 allocation prior to the start of the 2007 baseball season (June). In view of the benefit to fans (citizens), the staff and team ownership representatives urge Council to accomplish as much as can be done by next June. I PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and SCM Consultants, Inc., hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to perform design and construction management services for improvements at the Pasco Baseball Stadium. 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 complete the work as outlined in the scope of services entitled "Schedule and Fee Proposal for Baseball Stadium Improvements, Revised", that is dated July 11, 2006, and marked as "Exhibit A" (3 pages), including the following attachments: Attachment A- Pasco Ball Park Improvements, Basic Services Task Descriptions; Attachment B- Optional Additional Services, Task Descriptions and Fee Proposals, Attachment D- Preliminary Project Schedule; and Attachment E- Proposed Design Approach; each attached hereto and incorporated herein by this reference. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the 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. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. if the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of work done. 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. SCM Consultants, Inc., Baseball Stadium Improvements 1 A. Payment for work accomplished under the terms of this Agreement shall be as set forth on the fee schedule found in Exhibit A , provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $120,000, plus approved expenses, without prior authorization of 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 performance. The Consultant shall perform the work authorized by this Agreement promptly and deliver the work product in accordance with the schedule set forth in Exhibit A, Attachment D. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnities"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnities from A. All damages or liability of any character including in part costs, expenses and attorney fees, 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 work or services other than Professional services under this Agreement, or from conditions created by the Consultant in the performance or non-performance of said work or service, regardless of whether or not caused in part by the party indemnified hereunder. 6. General and Professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. SCM Consultants, Inc., Baseball Stadium Improvements 2 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 sub-consultants during the performance of this contract. 9. City _approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract 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. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs. 12. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal 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 A, this Agreement shall control. 13. 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. 14. Non-as si nable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 15. Covenant against_contingent fees. The Consultant warrants 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 contract, 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 contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. .SCM Consultants, Inc., Baseball Stadium Improvements 3 16. Notices. Notices to the City of Pasco shall be sent to the following address: City of Pasco Atten: City Manager P. O. Box 293 Pasco, WA 99301 Notices to the Consultant shall be sent to the following address: SCM Consultants, Inc. 7601 West Clearwater Ave,4301 Kennewick, WA 99336 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 , 2006 CITY OF PASCO CONSULTANT: SCM Consultants, Inc. By: By: City Manager Title: SCM Consultants, Inc., Baseball Stadium Improvements 4 Exhibit "A" SCMConsultants, Inc. - Architects & Engineers A Tetra Tech Company 11 July 2006 138-10218.01 Mr. Stan Strebel, Director CITY OF PASCO Administrative and Community Services Department P.O. Box 293 Pasco, Washington 99301 RE: SCHEDULE AND FEE PROPOSAL FOR BASEBALL STADIUM IMPROVEMENTS REVISED Dear Stan: SCM Consultants, Inc, a Tetra Tech Company with TetraTech Sports, thanks you for confidence in our integrated services team in selecting us for the design of the improvements to Dust Devil Stadium. We are excited and eager to begin developing the solution to the major issues at the ballpark especially the need for shading during games for the seating along the third base line. As delineated in the SOQ and interview we will provide architectural, sports architecture, structural, civil, electrical and mechanical engineering services. As you previously indicated, Task 1, the shading project, is the largest and most complex single component and it is essential to proceed immediately in order to have construction completed in time for The Dust Devils Home opener in 2007. (See Schedule Attachment D1) You will note in our Preliminary Project Schedule (Attachment D1) that in addition to our shading analysis, we intend to use the Better Bricks NW Daylighting Lab located at the WSU Interdisciplinary Design Institute in Spokane to supplement and confirm our preliminary sun and shading analysis. Additionally, we are including a survey to fix the latitude, longitude, topographic elevations, and orientation of the stadium with precision. These steps will provide assurance for the City, team, and fans that the intended result to mitigate the current glare problem at 7:15 PM game time and beyond for the entire short season schedule, is possible and feasible. Incorporated and included in this schedule is architectural and engineering design, bidding and construction services for Task 1 and Task 2- ticket office/administration/novelty area expansion. For Task 3, the architectural and engineering services for the Home Run Porch including access way walk, utilities, and restrooms is included in basic services. Task 3 bid and/or negotiation phase and construction administration phase services are included in additional services. Portable Concession design for this area is an additional service. The scope and fee for the three major Tasks — 1. Design of Shading Structure for Third Baseline Seating; 2. Design of Ticket/Office/Novelty Expansion and, 3. Home Run Porch are 7601 West Clearwater Avenue#301 http:lwww.scm-aez0nn (509)783-1625 Kennewick,WA 99336 Fax(509)783-1861 W:11 02 1 8 1-002 R 1.DOC 7111/2006 Mr. Stan Strebei, Director Page 2 CITY OF PASCO explained in more detail in Attachment A "Basic Services Task Descriptions'. For a description of our proposed design approach for all tasks, see Attachment D. In addition to these three (3) major tasks, we have developed estimates for other selected items from the 2004 Master Plan that may be elected to proceed with as funds are available. To assist the City, we have prepared and attached Attachment B "Additional Services task list and fee schedule" for these tasks. These and other tasks may be added by addendum as the costs and time constraints become clearer in the design process and funds are available. If feasible, it would be preferable to develop at least concepts for each item that is remaining and desired by the City and/or Team so that as funds are available completion of the bid documents and construction can proceed in an expedited manner. Those priorities can be determined by the City based on need and priority. For Task 1, our analysis of the design and construction schedule indicates that with the fabric structure option, that it is critical to work with the supplier of the fabric tension structure as soon as the initial design assumptions can be confirmed so that there is adequate time for final design, fabrication and installation of the new shading structure, lighting and speaker repositioning and modifications so that it can be integrated with the previously scheduled replacement of the backstop netting prior to opening day. Based on our current analysis, if necessary, the shading structure can be designed for a complete cover of the seating and constructed in phases with initial construction being a partial cover over home plate seating and a portion of the seating along each base line that would provide the necessary critical shading for the third base seating. This approach also allows the scheduled replacement of the backstop screen that Brent had discussed and removal of the back stop supports that will then provide a view of the game similar to that at major League fields from behind home plate. Included in this portion of the work the existing sound system supports will be incorporated into the shading system backstop support structure. For Task 2, expansion of the Stadium administrative/sales office to include restroom and additional ticket/office space and design of the physical space, interior design of this space and assistance in new furnishing and equipment is included as part of a coordinated park branding identity as part of our basic services of programming, planning, design, construction documents, bid and/or negotiation and construction administration phase services together with normal architectural, and engineering services. For Task 3, Design of the Home Run porch pad, restrooms access walkway and utilities we will provide architectural, sports architecture, structural, civil, mechanical and electrical design only as part of our basic services. Construction documents, bid and/or negotiation and construction phase services and design of sound system for this area are not included. Design and construction of additional items will be based on City and Team priority on a funds available basis and can be added at any time. 7601 West Clearwater Avenue#301 htlp:lwww.scm-ae.cam (509)783-1625 Kennewick,WA 99336 Fax(509)783-1861 W;1102181002 R.DOC 7/1112006 Mr. Stan Strebel, Director Page 3 CITY OF PASCO A copy of our Standard Arch itecturaI/Engineering agreement and General Conditions is _ attached for your reference. We are prepared to begin work immediately upon authorization to proceed If the scope indicated above and in the attachments together with fee proposal and terms are acceptable, please sign in the space provided below and we can proceed immediately while the final agreement is being prepared. We look forward to working with you to complete this major improvement to Dust Devils Stadium. Sincerely, SCM CONSULTANTS, INC. 9. .-D Michael Runyon, AIA Bruce Schwan, PE Project Manager Principal in Charge Senior Vice President President Building Systems Attachments: Preliminary Project Schedule Basic Services Task Descriptions and costs. Fee Proposal Basis and Additional Services SCM Consultants, Inc. General Terms & Conditions Authorization to Proceed Mr. Stan Strebel, Director Date CITY OF PASCO Administrative and Community Services Department Attachments A, B, C, D cc: MJBIDJD/MDB/File 7601 West Clearwater Avenue#301 httpawww.scm-ae.com (509)783-1625 Kennewick,WA 99336 Fax(509)783-1861 W:110218L002 R.DOC -1111/2006 Mr. Stan Strebel, Director CITY OF PASCO ATTACHMENT A Pasco Ball Park Improvements Basic Services Task Descriptions BASIC SERVICES TASK ONE - Sunshade Structure to eliminate direct sunlight on 3`d baseline seating during evening games including integration of a new backstop netting (provided separately) supported by the Sunshade and repositioning of speaker system, Phasing schedule for shade structure including analysis, modification and/or relocation or replacement of existing lighting standards (reutilizing existing lighting fixtures). Task One Professional Services We propose to provide architectural and engineering services as follows: Topographical survey of immediate baseball park including elevations location and orientation of existing facilities affected by the sun shade, including documentation of utilities that are identified by a locating service, and determination and fixing of latitude and longitude alignment of the stadium plus as-built documentation of additions and/or modifications from documents provided by City. (Please note that the majority of landscape piping and ductile iron pipe unless fitted with a locating strip may require assistance from city staff and physical documentation in order to locate these utilities), Architectural, sports architecture, structural, civil, mechanical and electrical design of and/for shade structure and modifications to existing facilities to accommodate the shading structure. Including continued refinement and modifications of our current electronic 3d model of the facility. Construct and provide a physical model together with our electronic model of the existing stadium with sun shade added for use in a WSU Lighting lab study to evaluate and refine shading data already developed and then incorporate the study results into the 3D electronic model and final shade design. (Note: the Lighting Lab Study is a free service to the City. Funded with a grant from BetterBricks, the new WSU Daylighting Design Studio -- A BetterBricks Design Lab -- that provides education, consulting, and other support for design professionals. BetterBricks is an initiative of the nonprofit Northwest Energy Efficiency Alliance and is supported by the region's local electric utilities). To utilize theses services SCM will have a model of the project constructed for the use of the lighting lab. Programming, planning, design phase, construction documentation phase, bid and/or negotiation Phase and construction administration phase services for the duration of the project construction. 7601 West Clearwater Avenue#301 http:lwww.scm-ae.com (509)783-1625 Kennewick,WA 99336 Fax(509)783-1861 Wa1 02 1 81_002 R 1.DOC 711112006 Mr. Stan Strebel, Director CITY OF PASCO ATTACHMENT A (cont'd) Pasco Ball Park Improvements Basic Services Task Descriptions TASK TWO - Expansion of the ticket/office/novelty area. Modification will be designed to accommodate additional ticketing, administration, novelty, and restroom facilities. Task Two Professional Services We propose to provide architectural, interior and structural, civil mechanical and electrical engineering services as follows: Programming, planning and design phase, construction documentation phase, bid and/or negotiation phase services and construction administration phase services for the project construction. TASK THREE - Home Run Porch, infrastructure, restrooms and access walkway. Task Three Professional Services We propose to provide architectural and engineering services as follows: Architectural, structural, civil, mechanical and electrical engineering services for Programming, planning and design phase services. Due to budget restrictions - construction documents, bid and/or negotiation services and construction administration services are not included in basic services. Bid . and or negotiation services and construction administration services can be added as funding is available for construction (see additional services). Our fee for architectural and engineering Services for the Work described above is a stipulated sum of$119,835.00. Plus normal reimbursable expenses estimated at $12,116 including $1,320 for sun/shading physical model. 7601 West Clearwater Avenue#301 http:lwww.scm-ae.00m (509)783-1625 Kennewick,WA 99336 Fax(509)783-1861 W:1102181_002R.DOC 7111/2006 Mr. Stan Strebel, Director CITY OF PASCO ATTACHMENT B Optional Additional Services. Task Descriptions and Fee Proposals Fees for Additional Services for selected items indicated in the study that may be added as funds are available based on City/Team priorities. Is for normal A/E design, construction documents, bid and/or negotiation and construction phase services unless noted otherwise. • New furnishing and equipment selections for"Box Office" $ 1,320 • Home Run Porch Const documents, Bid/negotiation, Const admin Phase $21,775 (Note: design of Home Run Porch is part of basic services) • Shade canopy extend over existing party area. $ 2,450 • New sound system/home run porch bidder design coordination $ 7,500 • ADA ramp access to field $ 1,159 • Home Run Porch $33,550 • Stadium seating improvements 1,000 seats $10,000 • Vending Theming-Proposal (see attached Vending-Theme Proposal) Novelty Expansion $ 7,523 Portables $ 6,594 • In-Park Advertising Concept— Proposal for Branding/signage $16,021 (see attached proposal) In the optional additional services indicated above and in the consultant master plan report the vending theming, portable concessions design, and in-park advertising concepts were not previously discussed in our submittal or presentation. Therefore, we have provided additional information to allow you to more clearly understand the potential for value-added impact of theses services on fan experience and typical amenities at other ballparks and potential revenue enhancement through creating an experience and image of that will attract additional fans Services of consultants in additional services and other out of pocket expenses charged at cost plus 10% 7601 West Clearwater Avenue#301 http:\wvvw.scm-ae.com (509)783-1625 Kennewick,WA 99336 Fax(509)783-1861 W:\10218LO02R.DOC 7/11/2006 Mr. Stan Strebel, Director CITY OF PASCO ATTACHMENT D Preliminary Project Schedule I 7601 West Clearwater Avenue#301 http:\www.scm-ae.com (509)783-1625 Kennewick,WA 99336 Fax(509)783-1861 WM 0218L002RDOC 7111/2006 s SEE■■ ■ MEMO E n' ■ .... ! . I .,..MENEM �bi 0� I AMEME 5 s MM * No MEN ME AT x NONE Q x MENEM cu r 4- MENEM V` n b1 MEMEMIME MEMEMEM■ CL • l Q Mr. Stan Strebel, Director CITY OF PASCO ATTACHMENT E Proposed Design Approach • As-built existing conditions affected by proposed work including topographical survey to locate critical elements and longitude and latitude orientation • Develop three alternative concept designs one conventional as a baseline of estimated construction cost and two designs with tensile fabric covering. • Test the models in sun/shading studies • Compare costs and benefits • Evaluate acoustics, lighting support of ancillary systems (backstop netting, speaker support, lighting) • Develop design of ticketladministration/ novelty expansion • Select most appropriate concept and develop design • Test and refine developed design. • Develop bid documents including alternates • Assist in bid and award of project • Provide construction administration • Home run porch concepts and design development of spectator area in right field including access, walks, utilities, and restrooms DESIGN INTENT AND APPROACH TASK 1 Develop a shade structure that can provide shading along third base line of seating during game times (7:15 PM on) throughout the Short Season schedule to mitigate the glare problem that currently exists and hinder the sale of tickets for this portion of the seating. The design should compliment and enhance the stadium aesthetically and functionally providing improved spectator experience at ball games and enhancing the stadium image. Explore conventional construction and tensile fabric construction. Included in the approach is developing design for covering the entire seating area that can be phased if necessary so that the glare problem is mitigated in the first phase. At each phase of the design process we will refine and adjust the sun/shade study including material evaluation. In either the conventional or the tensile fabric structure concepts the process is a custom design bid and build process. With fabric structures there are no pre-engineered systems for the spans, shape and use involved over the stadium. Fabric structures would utilize proprietary systems that reflect the design, form and shaping mechanism determined by the design team. On award of bid, the selected manufacturer's process would be similar to a truss manufacturer provide engineering documentation for approval in the permit process and reactions (loads) to our structural engineer from the end point of their system and documentation similar to the usual the shop drawing process. 7601 West Clearwater Avenue#301 http:\www.sem-ae.com . (509)783-1625 Kennewick,WA 99336 Fax(509)783-1861 W:1102.181.002R.DOC 7111/2006 Mr. Stan Strebel, Director CITY OF PASCO Therefore, our design and documentation for bidding will encompass physical design, - systems and materials that are capable of, bid and construction by multiple potential sub- contractors so that the City will receive the benefit of the ability of multiple bidders to propose on the project who then who will work with us to perform final shape analysis, engineering, fabrication and erection, (e.g. prepare in effect shop drawings and truss drawings for approval, fabrication and erection). For re-covering the Existing Party Pavilion or similar areas with short spans, pre-engineered modular systems may be the appropriate option. In summary, our process for the shade structure is to evaluate shape, including evaluation of support systems such as catenary cable, mast supported, arch supported, radial tent, truss supported and saddle roofs; acoustics, lighting, shading, solar and thermal properties, weather control (rain dust) , fabric and cables, maintenance and annual operating costs. Task 2 For the ticket/administration /novelty expansion we will evaluate existing conditions, develop a program for use and develop concepts for expansion and renovation including materials, finishes, colors and layout of the remodeled and expanded spaces. On approval of a specific concept we will develop the selected design and bid documents, assist in the bidding and award phase and provide construction administration. Selection and installation of furnishings and equipment for the team will be an additional service. Task 3 For the Homerun Porch we will develop concepts for access, utilities and layout including restrooms and space planning for concessions. Based on Selected concept we will develop the design concept through Design Development to assist in funding request documentation. When funding is available for construction we will provide as a separate service Construction Documentation, Bid and Award assistance and Construction Phase Administration. Based on our extensive sports facility experience, spectator view analysis and spectator stadium experience is an integral part of our design process in determining the appropriate shape and form of the shading/ roof design, for grandstands, building expansion and new viewing areas (homerun porch). Once the shape, material, and support system most appropriate is determined then evaluation of appropriate vendors will be undertaken to determine qualified potential bidders. Then we will develop the design criteria documentation for a system that can be fabricated and erected by several bidders. Note: some shade systems if they are demountable or retractable and stored during the winter season will cost significantly less due to reduced exposure requirements and need to design for snow loads. However, there are added costs for demounting and mounting and storage each year. Therefore, the lifecycle cost of each system will also need to be evaluated and whether there are opportunities to utilize the facilities for off-season events that may affect the shade structure weather protection needs. 7601 West Clearwater Avenue#301 http;lwww.scm-ae.com (509)783-1625 Kennewick,WA 99336 Fax(509)783-1861 WM 0218L002R.DOC 7111/2006 Mr. Stan Strebel, Director CITY OF PASCO TASK 4 _ We will assist you developing a priority list for implementation recommendations of seating, image, identity, concessions, ADA, safety, landscape and signage improvements as funding becomes available. 7601 West Clearwater Avenue#301 http:kwww.scm-ae.com (509)783-1625 Kennewick,WA 99336 Fax(509)783-1861 W:110218L002R.DOC 7/11/2006 A for •�,•+lam,`,.^ :•i�,*�'•"�...� .. .. AGENDA REPORT NO. FOR: City Council Date: July 11, 2006 TO: Gary Crutchfiel nager W/Shop Mtg.: July 10, 2006 Stan Strebel, A inistra e& Com Reg. Mtg.: July 17, 2006 ervices Director � FROM: Jim Chase, Finance Manager f/ SUBJECT: Professional Services Agreement for Ambulance and Emergency Medical Services Rate Study I. REFERENCE(S): A)Proposed Professional Services Agreement B) Spreadsheet Summarizing Ambulance Revenues/Rates/Expenditures II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/10/06: DISCUSSION: Provide direction to staff. 7/17/06: MOTION: I move to approve the Professional Services Agreement with HDR Engineering, Inc. for the preparation of an Ambulance and Emergency Medical Services Utility Rate Study, and further, to authorize the City Manager to sign the agreement. III. FISCAL IMPACT: $10,750 IV. HISTORY AND FACTS BRIEF: A) Following Council's direction at the 7/10 meeting, staff has prepared the attached agreement with HDR Engineering, Inc. for the preparation of the Ambulance and Emergency Medical Services Rate Study. Phase I of the work is essentially completed and presented at the meeting of July 10. The cost of the rate study itself, Phase 2, is not to exceed $8,000. Staff recommends approval of the agreement so that information can be available in time for budget discussions this fall. B) The city has historically funded ambulance service through the imposition of a modest monthly household tax applied to all residences and business at an equal rate. In a 2004 decision, the Washington State Supreme Court barred cities from charging an ambulance utility "household" tax as a means to fund ambulance and emergency medical services. In response to the Court's ruling, the State Legislature, in 2005, passed legislation that requires cities to complete a"cost of service" study, similar to what may be done for establishing water or sewer rates, before implementing utility fees for ambulance services. C) The attached spreadsheet outlines ambulance revenues, sources of funding and expenses since 2000. It should be noted that, in spite of fairly large increases in the transport rate since the ambulance household tax was invalidated, the ambulance fund has requited general fund support (transfer or offset to negative fund balance) of approximately $1 million per year. Increasing transport costs will do little to decrease the operating deficits in the ambulance fund because a large percentage of transports are from Medicare and/or Medicaid/DSHS patients where the city only receives a portion of the amount billed(ranging from 33%to 17%, respectively). I D) As establishing an ambulance utility rate structure under the new state law may provide the best alternative for funding this important service, staff has requested that HDR Engineering, (HDR) a company with experience in preparing utility cost of service studies, to prepare the attached "Review of the Legal and Technical Requirements of Establishing Cost-Based Ambulance Rates and Fees." The review summarizes requirements, outlines the approach that has been taken by the City of Port Angeles in setting up its ambulance rate structure, and outlines the steps necessary for the city to complete a cost of service study in the event Council decides to take that step. V. ADDITIONAL DISCUSION A) A key requirement of the state law requires that ambulance utility costs be segregated between "availability" and "demand" costs. While demand costs may be assessed only to users, availability costs may be assessed to all potential users, i.e. the cost of having the system available to respond. While more complex, it would appear that resulting rate structures have the potential to be more 3(d) potential to be more equitable than prior funding scenarios. For example, the household tax was primarily an availability based system where all potential users paid, but the frequent user paid no greater amount. The current system, which relies primarily on transport fees and is therefore demand based, lacks a component to assess the costs of maintaining the service regardless of the amount of use. VI. OTHER COMMENTS Economics and Engineering Services, Inca have prepared and provided numerous water and sewer utility rate analysis for the City in the past. Current utility rates were set as a result of their recommendations. They have since merged with HDR Engineering, and the same persons who completed our water and sewer utility rate studies will also provide this cost of service study. 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 perform an Ambulance and Emergency Medical Services Utility Rate Study. 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 complete the work as outlined in the scope of services entitled "City of Pasco Ambulance Utility Cost of Service Analysis" ( 3 pages) marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the 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. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of work done. 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 as set forth in Exhibit A (Phase 1: $2750, Phase 2: $8,000), provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of$10,750.00 without prior authorization of the City. HDR Engineering, Inc., Ambulance Utility Cost of Service Analysis 1 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 performance. The Consultant shall perform the work authorized by this Agreement promptly and deliver the work product, through and including for Task 5, by September 1, 2006. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnities"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnities from A. All damages or liability of any character including in part costs, expenses and attorney fees, 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 work or services other than professional services under this Agreement, or from conditions created by the Consultant in the performance or non-performance of said work or service, regardless of whether or not caused in part by the party indemnified hereunder. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. HDR Engineering, Inc., Ambulance Utility Cost of Service Analysis 2 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 sub-consultants during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract 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. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs. 12. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal 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 A, this Agreement shall control. 13. 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. 14. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 15. Covenant against contingent fees. The Consultant warrants 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 contract, 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 contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. HDR Engineering, Inc., Ambulance Utility Cost of Service Analysis 3 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: HDR Engineering, Inc. 2805 St. Andrews Loop, Ste. 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 ,2006 CITY OF PASCO CONSULTANT: HDR Engineering, Inc. By: By: City Manager Title: Vice President I HDR Engineering, Inc., Ambulance Utility Cost of Service Analysis 4 "Exhibit A" Cllfiy of Pasco Ambulance UlkllIty Cost of Se ca Analysis Scope of Service _ The fallowing scope has been developed bawd upon our imderstanding of the City's requirements and needs. Work will be completed in twct phases, with Only step one currently being authoriwd at this tirm, Phase l inclWes oompleting Tasks 1 and 2, and summarizing those findings in a letter report to the City by July 6, 2006. Phsse 2 (Tasks 3-.6)are pruvided as opflo l Wks, "ask I—Review of Legal Requirements Most utility rates and fps are estFtbli~shed utilizing "generally a pted" costing techniques, Rarely are there legal requ€re nts numdating the costs to be included (or excluded)and the funding sources and use of proceeds. In this particular case,Fugrvssed Substitute Hose 1391 1635 (FD3 1635) establishes Those legal rquirements. In fact, HB 1635 requires ft development of a cost of servicc sally to support the City,$ fevs. Specifically, HD 1635 states the following. "(3) The�Oib,or fat+m legislative authorio} It authorized to set and collect rates and charges in an amount wfficienr to regulate, operate, and maintain an ambulawe wilily, friar 10 Ser#irrg steep rates and chargev. the legislative ur thoriry mat detemone, rhrot4gh a cost-of-service stud),, the total cast necessap:y to regulate, oporate and miintain the ambulanev urllity. " The ob*tive of thN tank is to zeA°iew lD 1635 in the context of the City's ambulances utility to asmre that the fees and rates include all legally allowable costs and the fees aW rate,are calculated in a legally defendable manner. In revkwing JIB 1535, consideration will be,given to the City's data anal infommtion that is colleded for this utility, Cellain casts may he specifically segregated aW directly assignable the arxtt?ulance utility, while other corm or joint costs (e.& f"trt=e department) may need to be allocated to the ambub rtce otiizty on a fair and proportion4l basis Task 2--Review of 01her.Arnbulanee Utility Cost of service S Mdles Given that HB 1635 is relatively new legislation, It may be helpful to review the cost of service studies conductod by other ajties The City hm noted that the City of Fart Angel", and the City of Richland have mnducted ambulance utility cost of service studies. As a part of this tripe, HDR will obWn copies of those amlyses, and any other Milt' Obtainable studies, to gain a broader perspec€ive of hOw ether ci€ks are approaching this analysis. 'Mis review may proWde concepts and ideas for tl City's current anwysis. i .phase 1 Budget-$2756 .......... ................................_ ._......_ AAW Tax*3—Data Collection The next wk assoc iatrA with the City's study is data oollecdon. For this task, HDR will provide to the City a written data nquost outlining the data acid information needed for the study. For the most part, this data and information should be readily available and easily provided. For those areas where the data or information may be difficult to obtain, l l� Nvill consult with the City to determine how critical the data and infomiatit3n is to the overall analysis. Al that point a final decision tit be made concerning the data. As with other utility rate studies,the City will be responsible for assembling ant} pmviding tho data artd infomrativn in a timely mmnner_ Task 4--Tecknieaf AnalysiN-Calculation of Fees and Roses Given an €trx1mvanding of HB 1635 and the data and infomwtion needed to perfbrm the study, the next twk is the technical analysis which calculates the fees and rates for the C€ty}s ambulance utility. As a part of this task, 1-DR will develop an Excel-based spreadsheet to calculate the rates and fees. At the conclusion of the project, HDR will provide to the City a coley of all spreadshws developed as a pW of this solely. This should allow the City to update the ambulance utility rates and fees in the £inure with little or no outside cowsolting assist . HR 1635 mquims the ambulance utility costs to be segregated bemeen availability cols and demaral costs, Availability costs are tht3se costs attributable to the basic infrastrucune rimed to respond to a single call. Availability costs may include cost items such as dispatch, labor,training of personnel, equipnwnt, patient care supplies and maintename of equipment. In wntrast to this,, demand costs are those coasts attributable to the burden placed on the embula.aee service by individual calls for service. Demand costs may include wsLs related to the fitqueney of calls, distances friar. hospitals, and any other factors identified within the cost of wrvice to assess burdens placed upon €1- ar bulance utility, In establishing the final rates and fees, availability co%s must Abe applied uniformly across all customrs,while the denwW costs are applied to each"class of service" haled upon the pmportional (acid different) burden each class of service plates upon tbe idili€y. In developing the study, HDR will m-,rk. closely with tho City to understand their ambulamc operations. This u-ill be helpful in gaining an ur4crstandinrg of the costs being incurred meld whether they air to be"availability',or"der xand"Mated costs. In developing the finial fees W rates, (*nsldemtion will be given to the City's cu=nj eustvmer classificat Ous (rate/fee classifications). Similar to other utilities (e.g. caster, server, etc.) consideration must be given to balawing the rid for classes of service (number of fo"), cost-used rate equity and the administration wsocWed with multiple fees and classes of service. 1DR will discuss with the City their current fee classifications and the need for either simplification or expansion. to better reflect dernand-relatod costs amociated with specific types of custonwrs or services. After a draft of the analysis is developed, HDR will review the analysis with the City to ass-= that all a uopriate costs have beecrt included and handled apMpriately (i.c. availability vs. deem d-related classifications)- ,der €Ms techni"I review by the City, - HDR will ft line tl-te analysis and provide ft City with the final proposed r tbulawe utility&es and rates. Task 5-- Written Reed At the conclusion of the technical amlysis, HDR Will devP.lap a written lefter report, discussing the fmdings, conclusions and recarsummiati o ns of the analysis. At the conclusion of the study,I-TDR will provide an electroni O O O O O O O O O N O N N O O O O 'L7 O to O O In r �T U7 O (D O O M O CD O r C O O n tO U7 H C) LO V' O p N if) LO U7 O �t Y LO O N O N N -0 ti O o00 co 0) o - � 64 69 69 U c O O O O LO O 'o O Q) O co O 0 co M O Q O O ti M co Co O O CO Tt O (D C tO O O o) O r- (`) to ' V U) OQ O CO I LO 4 r O lr) O r r r O ..p - p 0 _ N OO +�-' M U7 00 'r- V' (D O (o N N r N a k Ov 0) � In N n CO C 64 ER sA' r EA � L LL O O O O O O to N d' M 07 0o O f- O co to 00 U7 0 0 O O O O) O m N 0) co O O N Cl) co V) ,It O to O O LO (D ' (D N c6 O? 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N 0 0 c a°)i z N N -0 4 LL W H i7 °= a) a) in m mi LL V co aa)) o `m o m �i U ca m CL LL a OL N m tU C m c N 2 a m = c rn rn tY w m C U c ai a c LL iL E2 co LU H ca a F- U N Up 0 (x0 m Q a _0 c CL T G L} a) c h a) a) c c m x m cn g c O m c co m a ca m Q Q ca > 3 L) m 12 E ai o E a�i ac) o o. m o Q a z r Q Q F- O 0 F- 0 U F- AGENDA REPORT TO: City Council July 6, 2006 FROM: Gary Crutchfi Ci Manager Workshop Mtg.: 7/10106 Regular Mtg.: 7/17/06 SUBJECT: Naming of Ainsworth Overpass I. REFERENCE(S): 1. Proposed Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 7110: Discussion 7117: MOTION: I move to approve Resolution No. urging the State Transportation Commission to name the Ainsworth Overpass in honor of Charles Kilbury. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Council previously discussed the notion of urging the state to name the Ainsworth Overpass in honor of Mr. Kilbury and his years of advocacy on behalf of the transportation system, not only in Pasco but throughout the state of Washington. B) The Port of Pasco, as lead agency for the Ainsworth Overpass project, has initiated the process required to obtain approval by the State Transportation Commission. That process requires submittal of support documentation, including a resolution from the local government. V. DISCUSSION: A) The proposed resolution expresses the desire of the Pasco City Council that the State Transportation Commission name the Ainsworth Overpass in honor of Mr. Kilbury. If approved, it will be forwarded to the state as part of the submittal requesting that the overpass be named for Mr. Kilbury. I 3(e) RESOLUTION NO. A RESOLUTION urging that the Ainsworth Overpass be named in honor of Charles Kilbury. WHEREAS, Charles Kilbury ably served the citizens of Pasco and the balance of the 16"'Legislative District as state representative for eight years, from 1971 to 1979; and WHEREAS, Charles Kilbury ably served the Pasco community as a member of its City Council for 19 years, including a four-year period in the 1960s followed by a continuous 15-year period from 1990 until his death in 2005; and WHEREAS, throughout his public service tenure, Charles Kilbury tirelessly strived to improve the transportation system for the Pasco community and the state of Washington, as he recognized the profound effect the transportation system has on the quality of life of each citizen; and WHEREAS, Charles Kilbury attended countless meetings involving transportation issues, ranging from state transportation planning sessions and Good Roads and Transportation Association meetings around the state, to local and regional meetings, always a strong advocate for transportation improvements of all forms; and WHEREAS, the Pasco City Council finds it appropriate and deserving that a significant transportation improvement be named in honor of Charles Kilbury to commemorate his 40 years of public effort as a tireless and selfless advocate of the transportation system, NOW, THEREFORE, BE IT RESOLVED that the Pasco City Council hereby respectfully requests and urges the Washington State Transportation Commission to name the SR397IAinsworth Overpass in honor of Charles Kilbury and, further, that appropriate signing be installed so that current and future generations will remember the exemplary service he carried out for so many years. PASSED by the City Council of the City of Pasco this day of July 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 18 FOR: City Council July 11, 2006 TO: Gary Crutchfie rty anager Regular Mtg July 17, 2006 Robert J. Alb is Works Director FROM: Doug Bramlette, City Engineer a SUBJECT: Accept Court Street Water & Sewer Line Extension Project#03-1-06 & #03-2-04. L REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 07/17: MOTION: I move to approve Resolution No. . accepting the work performed by Ray Poland & Sons under contract for the Court Street Water& Sewer Line Extension, Project#03-1-06 & 03-2-04. III. FISCAL IMPACT: Water/Sewer Fund. IV. HISTORY AND FACTS BRIEF: On July 7, 2003, the City Council awarded the Court Street Water& Sewer Line Extension,Project#03-1-06 & 03-2-04 to Ray Poland& Sons, in the amount of $203,757.79. The final cost of the project was $324,029.84. The project included installing utilities in Court Street from the I-182 bridge westerly to Harris Street. The project was adjacent to the new irrigation river intake structure,under the I-182 bridge purchased by the city. To take advantage of having a contractor on site and favorable river conditions,modifications to the intake structure and additional piping were added to the project at a cost of $81,364.00. The additional cost of$38,908 was due to unstable ground soil that required additional crushed surfacing and ACP Patch then was originally estimated for construction of the utilities in Court Street. The total project cost over the contract amount is $120,272.00. The work is now complete and staff recommends acceptance of the work. V. ADMINISTRATIVE ROUTING Project File 3(f) RESOLUTION NO. �? A RESOLUTION ACCEPTING WORK PERFORMED BY RAY POLAND & SONS, UNDER CONTRACT FOR THE COURT STREET WATER & SEWER LINE EXTENSION PROJECT#03-1-06 & 03-2-04. WHEREAS, the work performed by RAY POLAND & SONS, under contract for the Court Street Water& Sewer Line Extension Project# 03-1-06 & # 03-2-04, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by RAY POLAND & SONS, under contract for the Court Street Water & Sewer Line Extension Project # 03-1-06 & # 03-2-04, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 17th day of July, 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney GENERAL FUND OPERATING STATEMENT THROUGH JUNE 2006 CASH BASIS YTD % OF YTD TOTAL %OF 2006 2006 ANNUAL 2005 2005 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 2,161,126 4,800,000 45.0% 2,300,625 4,212,869 54.6% SALES 5,138,436 7,000,000 73.4% 3,626,501 7,722,083 47.0% UTILITY 3,443,510 6,025,000 57.2% 3,105,738 6,131,347 50.7% OTHER 432,695 880,000 49.2% 491,040 982,566 50.0% LICENSES& PERMITS 1,229,914 935,450 131.5% 1,332,841 2,326,524 57.3% INTERGOV'T REVENUE 446,246 989,000 45.1% 509,461 1,194,619 42.6% CHARGES FOR SERVICES 1,351,877 2,459,010 55.0% 1,067,269 2,461,477 43.4% FINES& FORFEITS 367,730 702,400 52.4% 365,313 709,212 51.5% MISC. REVENUE 439,794 681,250 64.6% 321,270 853,129 37.7% OTHER FINANCING SOURCES 18,750 145,500 12.9% 63,268 358,399 17.7% TOTAL_REVENUES 15,030,078 24,617,610 61.1% 13,183,326 26,952,225 48.9% BEGINNING CASH BALANCE 6,498,810 6,000,000 5,444,071 5,444,071 TOTAL SOURCES 21,528,888 30,617,610 70.3% 18,627,397 32;396,296 57.5% EXPENDITURES: CITY COUNCIL 52,363 105,675 49.6% 41,538 84,832 49.0% MUNICIPAL COURT 435,330 939,585 46.3% 371,634 825,946 45.0% CITY MANAGER . 297,406 550,445 54.0% 267,280 543,616 49.2% POLICE 3,964,447 8,436,478 47.0% 3,968,309 8,144,023 48.7% FIRE 1,988,050 3,189,935 62.3% 1,314,146 2,784,368 47.2% ADMIN &COMMUNITY SVCS 2,113,134 4,225,735 50,0% 1,993,166 4,322,890 46.1% COMMUNITY DEVELOPMENT 616,646 1,019,480 60.5% 548,779 1,169,229 46.9% ENGINEERING 558,286 1,093,585 51.1% 564,255 1,054,272 53.5% MISC. NON-DEPARTMENT 5,260,614 # 6,843,599 76.9% 2,173,227 6,103,388 35.6% LIBRARY 544,467 945,900 57.6% 500,071 864,922 57.8% TOTAL EXPENDITURES 15,830,743 27,350,417 57.9% 11,742,405 25,897,486 45.3% ENDING FUND BALANCE 3,267,193 6,498,810 TOTAL EXPEND AND END FUND BAL 30,617,610 32,396,296 AVAILABLE CASH BALANCE 5,698,145 6,884,992 PERCENTAGE OF BUDGET ALLOCATED FOR 6 MONTHS 50.0% • Authorized but non-budget expenditures of $222,500 (cumulative)which will effectively reduce the ending fund balance. These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance at month end. The City's CAFR is prepared using the Accrual Basis of Accounting. These statements are intended for Management use only. 11 Amount includes$1,800,000 to be transferred to the Arterial Street fund for the Argent/SR 395 Project 6(b) AGENDA REPORT NO. 61 FOR: City Council DATE: 7/11 /06 TO: Gary Crutchfie Manager WORKSHOP: Richard J. Smi , i ctor REGULAR: 7/17/06 Community an Economic Development FROM: David I. McDonald, City Planner f SUBJECT: ALLEY VACATION- Alley between 201h Ave. and Cartmell St. (MF #VAC-06-010) I. REFERENCE(g A. Proposed Ordinance and Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION: I move to adopt Ordinance No. , vacating the east/west alley adjacent the south line of Block 2, Star Addition and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of the parcels of land located at 1315 N 201h Ave have submitted a petition requesting vacation of the east/west alley which runs between their two tax parcels, and abuts the south line of Block 2, Star Addition. The vacation is being requested to clean up their property records. B. July 17, 2006 was the date set to consider the vacation request. V. DISCUSSION: The Franklin County PUD has requested the retention of a 10 foot utility easement along the entire length of the alley. Qwest and Cascade Gas do not need easements. The City Engineer has no objection to the vacation. VI. ADMINISTRATIVE ROUTING: 7(a) ORDINANCE NO. AN ORDINANCE VACATING THE EAST/WEST ALLEY ABUTTING BLOCK 2, STAR ADDITION. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the east/west alley abutting the south line of Lots 1 and 2 Block 2, Star Addition as depicted in Exhibit "1" be and the same is hereby vacated subject to the easement retained in section 2 below. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the vacated right-of-way described in Section 1 above for the construction, repair and maintenance of public utilities and services. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 17`h day of July, 2006. Joyce.Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , is an ordinance vacating the alley in Blk. 2 Star Add, The full text of Ordinance No. , is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293, Pasco, Washington 99301. Sandy L. Kenworthy, Deputy City Clerk Exhibit " 1 " Vicinity Map Item: Alley Vacation N Applicant: Joni Hamman File #: VAC 00-010 I I RUBY ST ut 'a a = a z co m COURT ST CARTMELL ST - a s a N BROWN ST Area I I H Vacated I-] I-PTIT MARIE ST IL I OCTAVE ST HENRY ST MARGARET ST t 1 .1 U_ PARK ST PARK ST AGENDA REPORT NO. 63 FOR: City Council DATE: 7/ 11/06 TO: Gary Crutchfie , y Manager WORKSHOP: Richard J. Smi , i ector REGULAR: 7/17/06 Community an Economic Development FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION- All of Saint Fran Ct. (MF #VAC-06-009) I. REFERENCE(S1: A. Proposed Ordinance and Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION: I move to adopt Ordinance No. , vacating all of Saint Fran Court and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The new owners of the parcel of land located at the northwest corner of Argent Rd and Road 68 have submitted a petition requesting vacation of Saint Fran Court. The vacation is being requested to prepare the property for a future commercial strip center. B. July 17, 2006 was the date set to consider the vacation request. V. DISCUSSION: The Franklin County PUD has requested the retention of a 10 foot utility easement along the western edged of Saint Fran Court. Qwest and Cascade Gas do not need easements. The City Engineer has no objection to the vacation. VI. ADMINISTRATIVE ROUTING: 7(b) ORDINANCE NO. AN ORDINANCE VACATING SAINT FRAN COURT. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That all of Saint Fran Court as depicted in Exhibit "1" be and the same is hereby vacated subject to the easement retained in Section 2 hereof. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the west 10 feet of the vacated right-of-way described in Section 1 above for the construction, repair and maintenance of public utilities and services. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this.17th day of July, 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , is an ordinance vacating St. Fran Court. The full text of Ordinance No. is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293, Pasco, Washington 99301. Sandy L. Kenworthy, Deputy City Clerk Exhibit " I " Vicinity Map Item: Street Vacation N Applicant: Road 68 Joint Venture File #: VAC 06-009 VALLEY VIEW PL -4/Al 1)R O y0 a Area Q Vacated o �— ('E T RD CL 0 a a AGENDA REPORT NO. 58 FOR: City Council DATE: 7/ 11/06 TO: Gary Crutchfiel Manager WORKSHOP: Richard J. Smit D T ctor REGULAR: 7/17/06 Community an Ec Development FROM: David I. McDonald, City Planner'l. SUBJECT: STREET VACATION- Chestnut Ave Between "A" Street and "B" Street (MF #VAC06-011) I. REFERENCE (S): A. Proposed Ordinance and Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION: I move to adopt Ordinance No. , vacating South Chestnut Street lying between "A" Street and "B" Street and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of property fronting Chestnut Avenue, between "A" Street and "B' Street, submitted a petition requesting vacation of Chestnut Avenue adjacent their property. The vacation is being requested primarily to consolidate Northwest Agricultural Products properties to accommodate business expansion needs. B. July 17, 2006 was the date set to consider the vacation request. V. DISCUSSION: None of the utility providers have request easements. Although the City Engineer has no objection to the vacation, Northwest Agricultural Products will be required to undertake certain infrastructure improvements (waterline relocation 8v curb and gutter installation) as a part of business expansion plans. VI. ADMINISTRATIVE ROUTING: 7(C) ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF SOUTH CHESTNUT AVENUE. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That of South Chestnut Avenue from the south right-of-way line of East "A" Street to the north right-of-way line of East "B" Street, as depicted in Exhibit "1" be and the same is hereby vacated. Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco,this 17`h day of July, 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , is an ordinance vacating a portion S. Chestnut Ave. The full text of Ordinance No. , is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293, Pasco, Washington 9930 1. Sandy L. Kenworthy, Deputy City Clerk - - -�- Exhibit 1 " VICINITY MAP STREET VACATION FILE # : VAC06 - 011 AREA l� VACATED W "A" ST L- - ul r- E. "B STREET E. 'B STREET C i --�— c VI I � i i E. "C" STREET f 1 til f 112 AGENDA REPORT NO. 62 FOR: City Council DATE: 7/11/06 TO: Gary Crutchfiel Manager WORKSHOP: Richard J. Smit , it ctor REGULAR: 7/17/06 Community an Economic Development FROM: David I. McDonald, City Planne�pl- SUBJECT: STREET VACATION- A Portion of N. California Ave. (MF #VAC-06- 008) I. REFERENCE(SI: A. Proposed Ordinance and Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION: I move to adopt Ordinance No. , vacating .a portion of North California Avenue and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of property abutting N. California Ave. between E Broadway Street and E. Spokane Street have submitted a petition requesting vacation of a portion of the excess right-of-way abutting their property. The vacation is being requested to prepare the property for future development. B. July 17, 2006 was the date set to consider the vacation request. V. DISCUSSION: Both Qwest and the Franklin County PUD have requested an easement be retained along the west side of North California Avenue. Cascade Gas does not need an easement. The City Engineer has no objection to the vacation. VI. ADMINISTRATIVE ROUTING: 7(d) ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF NORTH CALIFORNIA AVENUE. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the east and west 10 feet of North California Avenue from the north right-of-way line of East Broadway to the south right-of-way line of East Spokane, excluding a 25 foot radius at each corner as depicted in Exhibit "I" be and the same is hereby vacated subject to the easement retained in section 2 below. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the vacated west 10 feet of the right-of-way described in Section 1 above for the construction, repair and maintenance of public utilities and services. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 17`h day of July, 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney I I CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , is an ordinance vacating a portion N. California Ave, The full text of Ordinance No. , is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293, Pasco, Washington 99301. Sandy L. Kenworthy, Deputy City Clerk Exhibit Vicinity Map Item: Street Vacation N Applicant: Ronnie Burrows File #: VAC 06-008 9y 74 0 in C1 �r v 7/ a pig-5� S1'O� HH I PARK VIEW BLVD Areas Vacated ROADWAY BLVD ID OpZ w q _ 7/ m AGENDA REPORT NO. 59 FOR: City Council DATE: 7/3/06 TO: Gary Crutchfi 1 Manager WORKSHOP: Richard J. Smi 'rector REGULAR: 7/17/06 Community an Economic Development FROM: David I. McDonald, City Planner-� SUBJECT: STREET VACATION- Portions of E. George St. & E. Adelia St. (MF #VAC-06-012) I. REFERENCE (S): A. Proposed Ordinance and Vicinity Map II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION: I move to adopt Ordinance No. , vacating portions of East George Street and East Adelia Street and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. La Clinica submitted a petition requesting the vacation of those portions of East George Street and East Adelia Street abutting Block 4, of AM Wehe's Whitehouse Addition. La Clinica is in the process of developing homes on the west half of the block. B. July 17, 2006 was the date set to consider the vacation request. V. DISCUSSION: Quest has requested the retention of a 20 foot utility easement extending north and south following the northerly and southerly projection of the existing easement in the center of the block. Cascade Gas and the Franklin County PUD do not need easements. I The City Engineer has no objection to the vacation. VI. ADMINISTRATIVE ROUTING: 7(e) ORDINANCE NO. AN ORDINANCE VACATING PORTIONS OF EAST GEORGE STREET AND EAST ADELIA STREET. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the north 10 feet of East George Street and the south 10 feet of East Adelia Street adjacent Block 4, A. M. Wehe's Whitehouse Addition, excluding a 25 foot radius at each corner as depicted in Exhibit "1" be and the same is hereby vacated subject to the easement retained in section 2 and 3 below. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the north 10 feet of vacated East George Street tying between the southerly projection of the east line of Lot 1 and the southerly projection of the west line of Lot 24, Block 4, A. M. Wehe's Whitehouse Addition for the construction, repair and maintenance of public utilities and services. Section 3. That the City shall retain an easement and the right to exercise or grant easements with respect to the south 10 feet of vacated East Adelia Street lying between the northerly projection of the east line of Lot 12 and the northerly projection of the west line of Lot 13, Block 4, A. M. Wehe's Whitehouse Addition for the construction, repair and maintenance of public utilities and services. Section 4. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 5. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 17`h day of July, 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , is an ordinance vacating a portion E. George & E. Adelia Avenues. The full text of Ordinance No. is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293, Pasco, Washington 99301. Sandy L. Kenworthy, Deputy City Clerk I Exhibit VICINITY MAP STREET VACATION FILE # : VAC -06 -012 Highland A. Park R — O -W --�; - VACATE E. ADELIA ST may{ '/fi k ,YG, ✓ti t f E. GEORGE ST �-,�- yam' x --------r-- -f-- -- Z -- ,� w ♦ E. ALVINA ST X gR AGENDA REPORT NO. 60 FOR: City Council DATE: 7/3/06 r TO: Gary Crutchfiel' Manager WORKSHOP: Richard J. Smi ctor REGULAR: 7/17/06 Community an Economic Development FROM: David I. McDonald, City Planner, SUBJECT: STREET VACATION- A Portion of N. 4th Avenue (MF #VAC-06-007) I. REFERENCE(g A. Proposed Ordinance and Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION: I move to deny the vacation request for a portion of North Fourth Avenue. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of the convenience store and gas station at 1949 North 4TH Avenue have submitted a petition requesting vacation of a portion of North 4th Avenue. The property owners plan to raze their old building, re-grade the site and reconstruct a new convenience store on the property. B. July 17, 2006 was the date set to consider the vacation request. V. DISCUSSION: The are two issues the Council needs to consider with this vacation request. First, the proposed vacation is in the area encompassed by North Fourth Avenue Beautification project. The Beautification project calls for sidewalk and landscaping improvements to be installed along the applicant's property. To accommodate the Beautification Plan only 9 feet of excess right-of-way would be available for possible vacation. Secondly, Fourth Avenue is a major arterial street that contains enough right-of-way to permit the construction of five lanes (4 travel lanes and a center left turn lane). There is currently a left turn lane at the intersection of Fourth and Court followed by street improvements northerly to about Pearl Street (to the north end of the Housing Authority property) that are wide enough to . accommodate five lanes. While there are currently no plans for widening North Fourth Avenue to match existing improvements south of Pearl there may be a need to do so in the future. If North Fourth needs to be widened in the future a major portion of the proposed vacation area would be needed for right-of-way. Staff therefore can not recommend the right-of-way in question be vacated. To achieve the purposes of redeveloping the applicant's property and also preserve right-of-way for future use the applicant could enter into a Right- of-Way license agreement with the City. The license would allow the applicant to pave the right-of-way in question for parking, aisle ways or other circulation needs for his business. In short the applicant's development plans may be able to be accommodated through the use of a Right-of-Way License Agreement rather than a vacation. VI. ADMINISTRATIVE ROUTING: 7(f) i ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF NORTH FOURTH AVENUE. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the east 9 feet of North Fourth Avenue from the south right-of- way line of Jan Street to the north right-of-way line of Pearl Street, excluding a 25 foot radius at each corner as depicted in Exhibit "1" be and the same is hereby vacated. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 17th day of July, 2006. Joyce Olson . Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney Vicinity Map Item: Street Vacation N Applicant: Chung Yi File #: VAC 06--007 JAN ST JAN ST w a a M Area Vacated w a x w w > > a a AGENDA REPORT TO: City Council July 11, 2006 FROM; Gary Crutch a it Manager Regular Mtg.: 7/17/06 SUBJECT: Proposed Franc ise for Cascade Natural Gas Corporation I. REFERENCE(S): 1. Proposed Franchise Ordinance II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 7117: MOTION: 1 move to adopt Ordinance No. , approving the Franchise with Cascade Natural Gas Corporation and, further authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The City of Pasco granted Cascade Natural Gas Corporation a 50-year franchise in 1955, which expired at the end of 2005. The City Council conducted a public hearing on December 19, 2005 to consider public input regarding the request by Cascade Gas to renew its franchise with the City of Pasco. No public comment was offered. B) City staff and Cascade Natural Gas representatives have negotiated a new franchise agreement (attached) to replace the old one. The new franchise agreement reflects the fallowing major differences: 1. The franchise is for an initial 10-year period with automatic five year extensions, but either party can terminate the franchise with six-months written notice prior to the end of the five-year term. 2. Greater limitations on Cascade Natural Gas use of city property. 3. Requires permits from the city for work in the city right-of-way, provides for contemporary construction standards and requires a performance bond for work in the city right-of-way. 4. Requires an emergency response plan be prepared by Cascade Natural Gas and that Cascade Natural Gas meet annually with city emergency personnel to review the plan. .5. Provides for relocation and/or removal of Cascade Natural Gas facilities at Cascade Natural Gas expense when required to accommodate a bona fide city project. 6. Provides for an administrative resolution process, including mediation, before a dispute ends up in court. 7. Requires Cascade Natural Gas to indemnify the city and provide at least $5 million in insurance, naming the city as an additional insured. V. DISCUSSION: A) The proposed franchise agreement is a result of substantial discussion between the city and Cascade Natural Gas representatives over the past six months. As such, it is recommended for Council approval. B) Staff reminds Council that state law requires a franchise agreement to be approved by a "majority plus one" of the City Council; thus, approval of the franchise agreement requires five affirmative votes on the Council. s(a) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Granting Cascade Natural Gas Corporation, a Washington Corporation, its Successors, Grantees and Assigns the Nonexclusive Right, Privilege, Authority and Franchise to Construct, Operate, Maintain, Remove, Replace, and Repair Existing and Future Pipeline Facilities, Together with Equipment and Appurtenances Thereto, for the Transportation and Distribution of Natural Gas Within and Through the City of Pasco WHEREAS, Cascade Natural Gas Corporation, a Washington Corporation (hereinafter "Grantee") has applied for renewal of a nonexclusive Franchise to operate and maintain a natural gas distribution system, together with all required and necessary appurtenances for the purpose of supplying gas for heat, power, light and other purposes to customers within and through the City of Pasco, a Washington Municipal Corporation (hereinafter the "City"); and, WHEREAS, the State statutes and City ordinances authorize the City to grant nonexclusive Franchises; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OR PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. For the purposes of this Franchise, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. 1.1 Construct or Construction shall mean excavating, installing, assembling new Facilities and removing, altering, replacing and repairing existing pipeline(s) and/or facilities. 1.2 Effective Date shall mean the I st day of January, 2006, or such date after approval, passage, and legal publication of this Ordinance and acceptance by the Grantee occurs and upon which the rights, duties and obligations shall come in effect and the date from which the time requirements for any notice, extension and/or renewal will be measured. 1.4 Facilities shall mean the Grantee's existing and future distribution system, lines, valves, mains, appurtenances, and all other facilities necessary for the purpose of transportation and/or distribution of Grantee's product(s). 1.5 Franchise shall mean this franchise and any amendments, exhibits, or appendices to this franchise. 1.6 Franchise Area means the area within the jurisdictional boundaries of the City, including any areas annexed by City during the term of this Franchise, in which case the annexed area shall become subject to the terms of this Franchise. Cascade Natural Gas Ordinance- 1 1.8 Maintenance or Maintain shall mean examining, testing, inspecting, repairing, maintaining and replacing the Facilities or any part thereof as required and necessary for safe operation. 1.9 Public Ways shall mean any highway, street, alley, utility easement (unless their use is otherwise restricted), or other public Rights-of-way as encompassed by RCW 47.24.020 and RCW 47.52.090 under the jurisdiction and control of the City. 1.10 Operate or Operations shall mean Grantee's use of the Facilities for the delivery, distribution and handling of natural gas within and through the Franchise Area. 1.11 Rights-of-Way means the surface and the space above and below streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements, rights-of-way and similar public ways located within the Franchise Area. Section 2. Grant of Authority. 2.1 Pursuant to RCW 35A.47.040, the City hereby grants to Grantee, a corporation organized and existing under and by virtue of the laws of the State of Washington, and which is authorized to transact business within the State of Washington, its successors and assigns (as provided in Section 4), the right, privilege, authority and Franchise to Construct, Operate and Maintain all Facilities necessary for the transportation, distribution and handling of natural gas within the Franchise Area. 2.2 This Franchise is non-exclusive. City reserves all rights to its property, including, without limitation, the right to grant additional franchises, easements, licenses and permits to others to use the Rights-of Way and Public Ways, provided that the City shall not grant any other franchise, license, easement or permit that would unreasonably interfere with Grantee's permitted use under this Franchise. This Franchise shall in no manner prohibit the City or limit its power to perform work upon its Rights-of-Way, Public Ways or make all necessary changes, relocations, repairs, maintenance, establishment, improvement thereto, or from using any of the Rights-of Way and Public Ways, or any part of them, as the City may deem fit from time to time, including the dedication, establishment, maintenance and improvement of all new Rights-of-Way and other Public Ways of every type and description. This Franchise shall not grant any rights to Grantee for the use or location of its Facilities upon public property of the City other than specifically described above as Rights-of-Way and Public Ways, without prior written agreement identifying the terms and conditions of such use. 2.3 This Franchise is granted subject to the police powers, land use authority and franchise authority of the City and is conditioned upon the terms and conditions contained herein and Grantee's compliance with all applicable federal, state or other regulatory programs that currently exist or may hereafter be enacted by any regulatory agencies with jurisdiction over Grantee. Cascade Natural Gas Ordinance-2 2.4 By granting this Franchise, the City is not assuming any risks or liabilities therefrom, which shall be solely and separately borne by Grantee. Grantee agrees and covenants to, at its sole cost and expense, take all necessary and prudent steps to protect, support, and keep safe from harm its Facilities, or any part thereof, as necessary to protect the public health and safety. 2.5 This Franchise is only intended to convey a limited right and interest. None of the rights granted herein shall affect the City's jurisdiction over its property, streets or Rights-of- Way. 2.6 The limited rights and privileges granted under this Franchise shall not convey any right to Grantee to install any new Facilities without required permitting by the City, which permitting shall not be unreasonably conditioned, delayed or withheld. 2.7 Grantee acknowledges and warrants by acceptance of the rights and privileges granted herein, that it is fully aware of the terms and conditions of this Franchise and is willing to and does accept all reasonable risks assumed herein. Section 3. Term. Each of the provisions of this Franchise shall become effective upon the Effective Date, subject to Grantee's acceptance of the terms and conditions of this Franchise and shall remain in effect for ten (10) years thereafter, herein referred to as the primary term. This Franchise will automatically renew for successive periods of five (5) years each unless cancelled at the end of a term by either party by written notice to the other party no less than 180 calendar days prior to the end of the primary term or the then current successive term. Section 4. Assignment and Transfer of Franchise. 4.1 This Franchise shall not be leased, assigned or otherwise alienated without the express consent of the City by ordinance, which approval shall not be unreasonably withheld, except for the expressed purpose of mortgaging this franchise along with the gas utility facilities and other property of the Grantee to secure any legal bond issue or other bona fide indebtedness of the Grantee, however, such mortgage shall provide notice to the City of any default thereon prior to realization on the property by the mortgagee. 4.2 Subject to the foregoing, Grantee and any proposed assignee or transferee shall provide and certify the following to the City not less than 120 days prior to the proposed date of transfer: (a) Complete information setting forth the nature, terms and conditions of the proposed assignment or transfer; (b) All information reasonably required by the City of a franchise applicant with respect to the proposed assignee or transferee; c) Any other information reasonably required by the City, including information about the proposed assignee's or transferee's safety record; and, d) An application fee which shall be set by the City, plus any other costs actually and reasonably incurred by the City in processing and investigating the proposed assignment or transfer. 4.3 No transfer shall be approved unless the assignee or transferee has at least the legal, technical, financial, and other requisite qualifications to carry on the activities of Grantee. Cascade Natural Gas Ordinance-3 4.4 Any transfer or assignment of this Franchise without the prior written consent of the City shall be void and result in revocation of the Franchise. 4.5 If such consent is given by the City, Grantee shall, within thirty (30) days, file with the City a written statement evidencing such sale, assignment or transfer of ownership, whereby the assignees/transferees shall agree to accept and be bound by all of the provisions of this Franchise. Section 5. Compliance with Laws and Standards. 5.1 In carrying out any authorized activities under the privileges granted herein, Grantee shall meet accepted industry standards and comply with all applicable laws of any governmental entity with jurisdiction over the Facilities. This shall include all applicable laws, rules and regulations existing at the Effective Date of this Franchise or that may be subsequently enacted by any governmental entity with jurisdiction over Grantee and/or Facilities. 5.2 In the case of any conflict between the terms of this Franchise and the terms of City's ordinances, codes, regulations, standards and procedures, this Franchise shall govern. In the event of a conflict between City regulations and federal or state laws, in which is has been determined that federal law has preemption, the federal or state law shall govern. Section 6. Construction and Maintenance. 6.1 All pipeline Construction, Maintenance or Operation undertaken by Grantee, upon Grantee's direction or on Grantee's behalf shall be completed in a workmanlike manner. 6.2 Except in the case of an emergency, prior to commencing any Construction and/or Maintenance work in the Franchise Area, Grantee shall first file with the City such detailed plans and specifications of the intended work as may be required ,by the City public works requirements in effect at the time of filing. The City may require such additional information, plans and/or specifications as are in the City's opinion necessary to protect the public health and safety during the Construction and/or Maintenance work and for the remaining term of this Franchise. 6.3 All Construction and/or Maintenance work shall be performed in general conformity with the maps and specifications filed with the City and in conformity with City- issued permits. The City reserves the right to identify the exact location within the right-of-way for the location of Grantee's Facilities reserving portions of the right-of-way for the specific location of other future utility lines. 6.4 All pipe and other components of any Facilities used in Construction and/or Maintenance activities within the Franchise Area will shall comply with applicable federal regulations, as from time to time amended 6.5 Except in the event of an emergency, Grantee shall provide the City at least ten (10) calendar days written notice prior to any Construction and/or Maintenance, or other substantial activity, other than routine inspections and maintenance, by Grantee, its agents, employees or contractors on Grantee's Facilities within the Franchise Area. Cascade Natural Gas Ordinance-4 6.6 Work shall only commence upon the issuance of applicable permits by the City, which permits shall not be unreasonably conditioned, withheld or delayed. However, in the event of an emergency requiring immediate action by Grantee for the protection of the Facilities, City'.s property or other persons or property, Grantee may proceed without first obtaining the normally required permits. In such event Grantee must (1) take all necessary and prudent steps to protect, support, and keep safe from harm its Facilities, or any part thereof; the City's property; or other persons or property, and to protect the public health and safety; and (2) as soon as possible thereafter, must obtain the required permits and comply with any mitigation requirements or other conditions in the after-the-fact permit. 6.7 Unless such condition or regulation is in conflict with a federal or state requirement, the City may condition the granting of any permit or other approval that is required under this Franchise, in any manner reasonably necessary for the safe use and management of the public right-of-way or the City's property including, by way of example and not limitation, bonding, maintaining proper distance from other utilities, protecting the continuity of pedestrian and vehicular traffic and protecting any Rights-of-Way improvements, private facilities and public safety.. 6.8 Whenever necessary, after Constructing or Maintaining any of Grantee's Facilities within the Franchise Area, Grantee shall, without delay, and at Grantee's sole expense, remove all debris and restore the surface as nearly as possible to as good or better condition as it was in before the work began. Grantee shall replace any property corner monuments, survey reference or hubs that were disturbed or destroyed during Grantee's work in the areas covered by this Franchise. Such restoration shall be done in a manner consistent with applicable codes and laws, under the supervision of the City and to the City's satisfaction and specifications. The restoration shall be done under a bond in an amount appropriate to guarantee adequate restoration. 6.9 Grantee shall continuously be a member of the State of Washington "One - Number Locator Service" under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. Grantee shall provide reasonable notice to the City prior to commencing any Maintenance or Construction requiring City approval under this Franchise. Grantee shall provide a design locate upon request and One-Call notification prior to the initiation of any construction within the City right-of-way or public ways. 6.10 Markers demarcating certain Facilities shall be placed in accordance with applicable pipeline safety regulations, but in a manner that does not interfere with trails or other public uses in that area. 6.12 Up on written r equest from the C i ty, Grantee sha ll also provide detailed as-built design drawings showing the size, depth and location of specific Facilities within the Franchise Area. 6.14 Nothing in this Franchise shall be deemed to impose any duty or obligation upon City to determine the adequacy or sufficiency of Grantee's plans and designs or to ascertain whether Grantee's proposed or actual construction, testing, maintenance, repairs, replacement or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by City. Cascade Natural Gas Ordinance-5 i 6.15 Grantee shall be solely and completely responsible for workplace safety and safe working practices on its job sites within the Franchise area, including safety of all persons and property during the performance of any work. 6.16 Grantee agrees to provide the City with a performance bond in the amount of fifteen thousand dollars ($15,000.00). The City reserves the right to require such other or additional construction and/or Right-of-Way bonds, in amounts necessary to meet all costs of restoration and for a period that the City, in its sole discretion, reasonably deems necessary and prudent based on its consideration of the nature of the activity, public safety, potential damage,. potential liability and/or potential expenses to the City. If the City requires additional bonding which the Grantee considers unreasonable, Grantee may initiate dispute resolution provided in Section 14 below. Section 7. Customer Service Line Location Standards. 7.1 All pipelines of Grantee's Facilities shall be laid at least 15 inches below the surface of any City right-of-way or public way, and at least 15 inches below the bottom of any other buried City water utility in such a manner as to not interfere with the present and future delivery of such utility services. Such pipelines shall be laid no closer than four feet laterally from any other pipe or conduit of other utilities. All above ground Facilities shall be located in such a place and manner as not to present a hazard to vehicle and pedestrian traffic in accordance with the standards adopted by the City. To the extent reasonable, Grantee shall utilize common trenching practices with other utilities when such other utilities are cooperative with such practices and with surface locators and facilities located near other utility outlets. 7.2 Grantee shall install, maintain and extend Facilities to service customers within the Franchise Area in response to all reasonable requests for service and in accordance with its rules and tariffs, as approved by the Washington Utilities and Transportation Commission. Section 8. Operations and Maintenance. 8.1. Grantee shall operate and maintain its pipeline(s) and Facilities in the Franchise Area in full compliance with the applicable provisions of Title 49, Code of Federal Regulations, Part 192, as now enacted or hereinafter amended, and any other current or future laws or regulations that are applicable to Grantee's Facilities, enacted by any governmental entity with jurisdiction over the Grantee or its Facilities. Grantee shall, upon detection, notice from the City, or Grantee's customer, promptly investigate all damages, leaks or defects to Grantee's Facilities and complete appropriate repairs in accordance with pipeline safety regulations and City permit approval. 8.2 If Grantee becomes aware that a third party conducts any excavation of other significant work that may affect the Facilities, Grantee shall conduct such inspections and/or testing as is necessary to determine that no direct or indirect damage was done to the Facilities. Cascade Natural Gas Ordinance-6 Section 9. Encroachment Management. 9.1 Grantee and the City shall comply with current applicable federal, state and local requirements regarding encroachment management including participation in the "One-Call Number Services" system (RCW 19.122). Section 10. Leaks, Ruptures, Spills and Emergencv Response. 10.1 Grantee warrants that during the term of this Franchise, it will maintain an Emergency Response Plan that is in compliance with.the applicable requirements of local, state and federal agencies with jurisdiction. Within ninety (90) days of entering into this Franchise, and on an annual basis thereafter, Grantee shall meet with City emergency management personnel. 10.2 Grantee's Emergency Response Plan and procedures shall designate Grantee's responsible local emergency response officials and a direct 24-hour emergency contact number for the control center operator. Grantee shall, after being notified of an emergency, cooperate with the City and make every effort to respond as soon as possible to protect the public's health, safety and welfare,and to comply with all state and federal emergency response requirements. Section 11. Required Relocation of Facilities. 11.1 In the event that the City undertakes or approves the construction of or changes to the grade or location of any water, sewer or storm drainage line, street, sidewalk or other City improvement project, and the City determines that the project might reasonably require changes to or the relocation of Grantee's Facilities, the City shall provide Grantee at least one hundred and twenty (120) calendar days prior written notice. Grantee may request additional time based on good cause which the City shall not unreasonably deny. 11.2. Grantee shall not be required to relocate its Facilities at its expense for the benefit of private owners or developers. However, if the City reasonably determines and notifies the Grantee that the primary purpose for requiring such changes to or relocation of Grantee's Facilities by a third party is to cause or facilitate the construction of an improvement project consistent with the City's Capital Facilities Plan, Transportation Improvement Program, or the Transportation.Facilities Program, or other similar plan, then Grantee shall change or otherwise relocate its Facilities at Grantee's sole cost, expense and risk. The City shall take all reasonable steps to cooperate with Grantee on any effort by Grantee to apply for and obtain any local, state or federal funds that may be available for the relocation of Grantee's Facilities provided, however, that Grantee's application for such funds may not delay the City's improvement project. 11.3 The City shall provide Grantee with copies of pertinent portions of the plans and specifications for any improvement project that will potentially affect Grantee's Facilities. Upon request, Grantee shall, at its cost and expense, determine and identify for the City the exact location of its Facilities potentially affected by the improvement project. Cascade Natural Gas Ordinance-7 11.4 Grantee may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to the relocation within forty five (45) calendar days of receiving the plans and specifications. The City shall evaluate the alternatives and advise Grantee in writing if one or more of the alternatives is suitable to accommodate the work that would otherwise necessitate relocation of the Facilities. If requested by the City, Grantee shall submit additional information to assist the City in making the evaluation. The City shall give each alternative proposed by Grantee full and fair consideration but retains full discretion to decide for itself whether to utilize its original plan or an alternative proposed by Grantee. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its Facilities as proposed by the City. 11.5 The City shall work cooperatively with Grantee in determining a viable and practical route within which Grantee may relocate its Facilities, in order to minimize costs while meeting the City's project objectives. 11.6 Provided that Grantee has received timely advance notice as required by this section, Grantee shall complete relocation of its Facilities so as to accommodate a City improvement project at least ten (10) calendar days prior to commencement of the improvement project or such other time as the parties may agree in writing. Section 12 Removal, Abandonment in Place. 12.1 In the event of the removal of all or a portion of the Facilities, Grantee shall restore the Franchise Area to as good or better condition as it was in before the work began. 12.2 Removal and restoration work shall be done at Grantee's sole cost and expense and to the City's reasonable satisfaction. Grantee shall be responsible for any environmental review required for the removal of any Facility and the payment of any costs of the environmental review. 12.3 If Grantee is required to remove its pipeline(s) and/or Facilities and fails to do so and/or fails to adequately restore the Franchise Area or other mutually agreed upon action(s), City may, after reasonable notice to Grantee, remove the pipeline(s) and/or Facilities, restore the premises and/or take other action as is reasonably necessary at Grantee's expense. This remedy shall not be deemed to be exclusive and shall not prevent the City from seeking a judicial order directing that the Facilities be removed. 12.4 In the event of Grantee's permanent cessation of use of any Facilities, or any portion thereof within the Franchise Area, damage, destruction, or removal of such abandoned portions shall be permitted by the Grantee without any obligation for repair or restoration of such Facilities. Upon abandonment, Grantee shall provide notice to the City. In the event an abandoned facility directly causes disturbance to the surface of a City right-of-way as a result of settling, collapse, or other causes as a direct result of the Facility, Grantee, upon notice from the City, shall remove or remediate the abandoned Facility and restore the right-of-way surface. Cascade Natural Gas Ordinance-8 i I Section 13. Violations, Remedies and Termination_. 13.1 In addition to any rights set out elsewhere in this Franchise, or other rights it may possess at law or equity, the City reserves the right to apply any of the following remedies, alone or in combination, in the event Grantee violates any material provision of this Franchise. The remedies provided for in this Franchise are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the City at law or equity. 13.2 The City may terminate this Franchise if Grantee materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms and conditions of this Franchise, or fails to maintain all required licenses and approvals from federal, state, and local jurisdictions, and fails to cure such breach or default within thirty (30) calendar days of the City's providing Grantee written notice thereof, or, if not reasonably capable of being cured within thirty (30) calendar days, within such other reasonable period of time as the parties may agree. 13.3 In the event of termination under this franchise, either party may in such case invoke the dispute resolution provisions. Once the Grantee's rights to operate in the Franchise Area have terminated, Grantee shall comply with Franchise provision regarding removal and/or abandonment of Facilities. 13.4 The City's failure to exercise a particular remedy at any time shall not waive the City's right to terminate, assess penalties, or assert that or any other remedy at law or equity for any future breach or default of Grantee. 13.5 Termination of this Franchise shall not release Grantee from any liability or obligation with respect to any matter occurring prior to such germination, nor shall such termination release Grantee from any obligation to remove or secure the Facilities pursuant to this Franchise and to restore the Franchise Area. 13.6: The City may cure any default upon Grantee's failure to do so within the default period and the reasonable costs of such cure shall be borne by the Grantee. Section 14. Dispute Resolution. 14.1 In the event of a dispute between the City and Grantee arising by reason of this Franchise, the dispute shall first be referred to the Chief Operational Officer on behalf of the Grantee, and the City Manager, or their designees. These parties shall meet within thirty (30) calendar days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute 14.2 If the parties are unable to resolve the dispute under the procedure set forth in this section, the parties hereby agree that the matter shall be referred to mediation. The parties shall mutually agree upon a mediator to assist them in resolving their differences. Any expenses incidental to mediation shall be borne equally by the parties. Cascade Natural Gas Ordinance-9 14.3 If the parties are unable to select a mediator or fail to achieve a resolution through mediation, either parry may then pursue any judicial remedies. Venue shall be placed in Franklin County, Washington, before the Franklin County Superior Court or the United States District Court of the Eastern District of Washington, and the substantially prevailing party shall be awarded, as additional judgment against the other, its reasonable attorney fees and costs incurred in the judicial action. 14.4 Subject to state and federal regulation, Grantee shall be permitted to continuously operate and maintain its Facilities during dispute resolution. Section 15. Indemnification. 15.1 General Indemnification. Grantee shall indemnify, defend and hold harmless the City, it agents, officers or employees, from any and all liability, loss, damage, cost, expense, and claim of any kind, including reasonable attorneys' and experts' fees incurred by the City in defense thereof, arising out of or related to, directly or indirectly, the installation, construction, operation, use, location, testing, repair, maintenance, removal, or abandonment of Grantee's Facilities, or from the existence of Grantee's Facilities, and the products contained in, transferred through, released or escaped from said Facilities, including the reasonable costs of assessing such damages and any liability for costs of investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any environmental laws. If any action or proceeding is brought against the City by reason of the Facilities, Grantee shall defend the City at the Grantee's complete expense, provided that, for uninsured actions or proceedings, defense attorneys shall be approved by the City, which approval shall not be unreasonably withheld. Section 16. Insurance and Bond_Requirements. 16.1 During this Franchise, Grantee shall provide and maintain, at its own cost, insurance in the minimum amount of FIVE MILLION UNITED STATES DOLLARS ($5,000,000.00) for each occurrence, in a form and with a carrier reasonably acceptable to the City, naming City as an additional insured, to cover any and all insurable liability, damage, claims and loss as set forth in Section 15.1 above. In the event that a deductible applies to the insurance herein, Grantee agrees to pay the amount of that deductible. 16.2 Proof of insurance shall be provided to the City. Said insurance shall contain a provision that it shall not be canceled without a minimum of thirty (30) days prior written notice to the City. 16.3 Grantee shall retain the right to self-insure any insurance requirement contained in this Agreement. If Grantee elects to self-insure, Grantee shall provide the City a letter of self- insurance in lieu of a certificate of insurance. However, if Grantee elects to self-insure, the City retains the right to require such other surety from Grantee as it determines is reasonable and necessary in lieu of being named an additional insured. Cascade Natural Gas Ordinance- 10 16.4. On or before the Effective Date of this Franchise, Grantee shall furnish a bond executed by Grantee and a corporate surety authorized to do surety business in the State of Washington, with an AM Best rating of A XII in a sum to be set and approved by the City as sufficient to insure performance of Grantee's obligations and performance under this Franchise, such bond to be conditioned that Grantee shall well and truly keep and observe all of the covenants, terms and conditions and faithfully perform all of Grantee's obligations under this Franchise. If Grantee determines that the sum requested by the City is unreasonable, Grantee may initiate dispute resolution provided in Section 14 above. Section 17. Taxes. 17.1 Grantee shall collect and pay any taxes such as a utility tax as authorized by RCW 35.21.865 which shall be an amount levied pursuant to PMC 5.32.040. Section 18. Legal Relations. 18.1 Nothing contained in this Franchise shall be construed to create an association, trust, partnership, agency relationship, or joint venture or to impose a trust, partnership, or agency duty, obligation or liability on or with regard to any party. Each party shall be individually and severally liable for its own duties, obligations, and liabilities under this Franchise. 18.2 Grantee accepts any privileges granted by City to the Franchise Area, public Rights-of-Way and other Public Ways in an "as is" condition. Grantee agrees that the City has never made any representations, implied or express warranties or guarantees as to the suitability, security or safety of Grantee's Facilities or location in public property or rights of way or possible hazards or dangers arising from other uses of the public rights of way or other public property by the City or the general public. Grantee shall remain solely and separately liable for the function, testing, maintenance, replacement and/or repair of the Facilities or other activities permitted under this Franchise. 18.3 This Franchise shall be governed by, and construed in accordance with, the laws of the State of Washington and the parties agree that in any action, except actions based on federal questions, venue shall lie exclusively in Franklin County, Washington. Section 19. Miscellaneous. 19.1 In the event that a court or agency of competent jurisdiction declares a material provision of this Franchise Agreement to be invalid, illegal or unenforceable, the parties shall negotiate in good faith and agree, to the maximum extent practicable in light of such determination, to such amendments or modifications as are appropriate so as to give effect to the intentions of the parties as reflected herein. If severance from this Franchise Agreement of the particular provision(s) determined to be invalid, illegal or unenforceable will fundamentally impair the value of this Franchise, either party may apply to a court of competent jurisdiction to reform or reconstitute this Franchise so as to recapture the original intent of said particular al provision(s). All other provisions of the Franchise shall remain in effect at all times during which negotiations or a judicial action remains pending. Cascade Natural Gas Ordinance-11 19.2 Whenever this Franchise sets forth a time for any act to be performed, such time shall be deemed to be of the essence, and any failure to perform within the allotted time maybe considered a material violation of this Franchise. 19.3 In the event that Grantee is prevented or delayed in the performance of any of its obligations under this Franchise by reasons} beyond the reasonable control of Grantee, then Grantee's performance shall be excused during the force majeure occurrence. Upon removal or termination of the force majeure occurrence the Grantee shall promptly perform the affected obligations in an orderly and expedited manner under this Franchise or procure a substitute for such obligation or performance that is satisfactory to the City. Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. 19.4 The section headings in this Franchise are for convenience only, and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of the.Section to which they pertain. 19.5 By entering into this Franchise, the parties expressly do not intend to create any obligation or liability, or promise any performance to, any third party, nor have the parties created for any third party any right to enforce this Franchise. 19.6 This Franchise and all of the terms and provisions shall be binding upon and inure to the benefit of the respective successors and assignees of the parties. 19.7 Whenever this Franchise calls for notice to or notification by any party, the same (unless otherwise specifically provided) shall be in writing and directed to the recipient at the address set forth in this Section, unless written notice of change of address is provided to the other party. If the date for making any payment or performing any act is a legal holiday, payment may be made or the act performed on the next succeeding business day which is not a legal holiday. Notices shall be directed to the parties as follows: To the City: City Manager City of Pasco 525 North 3rd Pasco, Washington 99301 To the Grantee: Cascade Natural Gas Corporation Attn: Operations/Franchise PO Box 24464 Seattle, Washington 98124-0464 Cascade Natural Gas Ordinance-12 i 19.8 The parties each represent and warrant that they have full authority to enter into and to perform this Franchise, that they are not in default or violation of any permit, license,or similar requirement necessary to carry out the terms hereof, and that no further approval, permit, license, certification, or action by a governmental authority is required to execute and perform this Franchise, except such as may be routinely required and obtained in the ordinary course of business. 19.9 This Franchise and the attachments hereto represent the entire understanding and agreement between the parties with respect to the subject matter and it supersedes all prior oral negotiations between the parties. This Franchise can be amended, supplemented, modified or changed only by an agreement in writing which makes specific reference to the Franchise or the appropriate attachment and which is signed by the parry against whom enforcement of any such amendment, supplement, modification or change is sought. All previous franchise agreements between the parties pertaining to Grantee's Operation of its Facilities are hereby superseded.. 19.10 Grantee shall, within thirty (30) days after passage of this Ordinance, file with the City Clerk, its unconditional written acceptance of all the terms and conditions of this Franchise. If Grantee shall fail to so file its written acceptance within such period, then the rights and privileges granted hereunder shall be deemed forfeited. Cascade Natural Gas Ordinance-13 i i PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of 12006. Joyce Olson, Mayor Attest: Approved as to Form: Sandy Kenworthy, Deputy City Clerk Leland B.Kerr, City Attorney Date of Publication: UNCONDITIONAL ACCEPTANCE BY GRANTEE I, the undersigned official of Cascade Natural Gas Corporation, am authorized to bind Cascade Natural Gas Corporation and to unconditionally accept the terms and conditions of the foregoing Franchise (Ordinance No. which are hereby accepted by Cascade Natural Gas Corporation this day of , 20_. Cascade Natural Gas Corporation By: Name: Daniel E. Meredith Title: Sr.Director, Safety & En 'ngiL eering Subscribed and sworn to before me this day of 52006 Notary Public in and for the State of Washington My commission expires Received on behalf of the City this day of ) 2006 Name: Title: Cascade Natural Gas Ordinance- 14 CITY OF PASCO SUMMARY OF ORDINANCE NO. On the 17th day of July 2006, the City Council of the City of Pasco, passed Ordinance No. entitled: An Ordinance of the City of Pasco, Washington, Granting Cascade Natural Gas Corporation, a Washington Corporation, its Successors, Grantees and Assigns the Nonexclusive Right, Privilege, Authority and Franchise to Construct, Operate, Maintain, Remove, Replace and Repair Existing and Future Pipeline Facilities, Together with Equipment and Appurtenances Thereto, for the Transportation and Distribution of Natural Gas Within and Through the City of Pasco. This Ordinance grants a nonexclusive franchise to Cascade Natural Gas for the retail/wholesale distribution of natural gas within the City of Pasco. The Ordinance contains restrictions on the assignment and transfer of the franchise, definitions of terms used in the Ordinance, and requires compliance with applicable laws and standards. In addition, the Ordinance: • Provides a 10-year initial term with successive automatic five-year renewals, with termination provisions; • Provides certain standards for the location, construction, maintenance and operation of gas lines; • Requires certain emergency response preparation; • Provides for relocation and/or removal of gas facilities; • Provides for insurance and bond requirements as well as indemnification of city; • Provides for dispute resolution. The full text of Ordinance No. , is available for review and copying at the Pasco Public Library and on the city website at www.ci.pasco.wa.us. The full text of the Ordinance will be mailed upon request from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293, Pasco, Washington 99301. Sandy Kenworthy, Deputy City Clerk AGENDA REPORT NO. 65 FOR: City Council -DATE: July 3, 2006 TO: Gary Crutchfie Manager WORKSHOP: Richard J. Smi ctor REGULAR: 7/17/06 Community an Economic Development i FROM: David I. McDonald, City Planner-5�17 � SUBJECT: SPECIAL PERMIT: Rose Vista Hospice Center—Community Service Facility in a R-S-12 Zone (Tri City Chaplaincy) (MF #SP06-007) I. REFERENCE(SI: A. Report to Planning Commission: 5/18/06 . B. Planning Commission Minutes: Dated 5/18/06 & 6/15/06 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the Rose Vista Hospice Center, as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On May 18, 2006 the Planning Commission conducted a public hearing to consider a special permit application for the location of a Hospice facility in the 4100 block of Road 111. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the Rose Vista Hospice Center. The recommended conditions are contained in the attached Planning Commission report. C. No written appeal of the Planning Commission's recommendation has been received. 14(a) I REPORT TO PLANNING COMMISSION MASTER FILE NO: SP06-007 APPLICANT: Tri-City Chaplaincy HEARING DATE: 5/ 18/06 2108 W Entiat ACTION DATE: 6/15/06 Kennewick, WA 99336 BACKGROUND REQUEST: Special Permit Community Service Facility Level 1. (Rose Vista Hospice House) 1. PROPERTY DESCRIPTION: Le al: A portion of the Northwest quarter of Section 18, Township 9 North, Range 29 East,WM Parcel # 118-180-148 General Location: 4100 Block of Road 111 Property 11.5 acres 2. ACCESS: The property has access from Road 111. 3. UTILITIES: All municipal utilities are available to the site except sewer. Sewer service will need to be extended from Court Street. 4. LAND USE AND ZONING: The lot in question is zoned R-S-12 (Suburban District) and is currently vacant. Surrounding lands are zone R-S-12. Single family dwellings are located to the east and south. A hobby farm and the Irrigation District office/shop are both located to the northeast. I-182 (the approach to the Columbia River bridge) is located to the northwest. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the property for low-density residential. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANAYLSIS Tri-City Chaplaincy is proposing to establish a hospice facility (Rose Vista Hospice House) in the 4110 block of Road 111. Hospice facilities offer a comprehensive program of care to patients and families facing life-threatening illnesses. Patients and family members are jointly included in care plans and provided with emotional, spiritual and practical support based on the patient's wishes and family's needs. The proposed facility will be staffed by medical professionals and trained volunteers that will provide respite care for family members while meeting the needs of patients. The proposed facility can be characterized as part hospital, part nursing home, part spiritual center and part social support center. The activities proposed by the applicant fall within the definition of a Community Service Facility. A Community Service Facility is a conditional use in an R-S-12 zone per PMC 25.24.040 "permitted conditional uses," and PMC 25.86.020 "Unclassified Uses." Community Service Facilities can only be located in the community after review through the special permit process. Tri-City Chaplaincy is proposing to construct 5 buildings on the site. The principle building will be the 22,000 square foot Hospice House. The other buildings are as follows: Administration building (6,000 sq. ft.), Bereavement Center (6,000 sq. ft.), Retreat & Training Building (6,000 sq. ft.), and a maintenance building (2,500 sq. ft.). The site will also be developed with gardens walking paths and substantial landscaping. Tri-City Chaplaincy has expressed the desire to develop the property as a park-like setting. Under the current zoning classification the 11.5 acre site could be developed with 31 single family homes. For a comparison there are about 45 homes located between Road 111 and Road 108 north of Vilest Court Street. Thirty- one houses would generate approximately 310 vehicle trips per day. The ITE Trip generation manual indicates that a nursing home (the closest equivalent in the manual) with the capacity of the proposed Hospice House would generate only 62 vehicle trips per day. From experience with operating other hospice facilities the Tri-City Chaplaincy estimates the Rose Vista facility will generate close to 200 vehicle trips per day. This is about two thirds of the traffic that would be generated by 31 homes. Another way to compare the development impact of 31 homes verses the impact of the Hospice facility is by building coverage of the land. The proposed hospice facility would occupy 33,500 square feet of land (the footprints of all five buildings). That is less than one acre. Thirty-one houses with an average size of 1,400 square feet would occupy 43,400 square feet of land. Out buildings such as detached garages, shops and sheds would add to that 2 coverage. Because the square footage of the Hospice facility would be consolidated in a few structures there would be more open space on the site. INTIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is located in an R-S-12 zone. 2. The proposed facility is a Community Service Facility Level One. 3. Community Service Facilities Level One require review through the Special Permit process prior to the issuance of a building permit. 4. All surrounding properties are zoned R-S-12. 5. The site is located on Rd 111. 6. The site is currently vacant 7. A 20 inch domestic water line is located along the eastern edge of the site in Road 111. 8. The site contains 11.5 acres. 9. At least 31 single family homes could be developed on the site. 10. Thirty-one homes would generate about 300 vehicle trips per day. 11. From operational experience the applicant estimates the proposed Hospice House will generate about 200 vehicle trips per day. 12. The Franklin Irrigation office/shop and. a large hobby farm building are located to the northeast. 13. The City's Road 108 maintenance facility is located to the northeast. 14. A church is located on the corner of Road 108 and Crescent Drive. 15. Prior to annexation of the site to the City Franklin County issued a Special permit for the location of a church on a proposed five acre parcel directly south of the proposed Hospice House. 16. The footprints of all proposed buildings for the site will occupy 33,500 square feet of land. 17. Development of the site with 31 houses would cover 43,400 square feet of land. 18. The proposed development will contained substantial open space, gardens and an expansive yard area. 3 CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Community Service Facilities are not specifically discussed in the Comprehensive Plan, but the Plan does encourage consideration of housing needs to accommodate elderly, and special needs segments of the population. 2) Will the proposed use adversely affect public infrastructure? A well established street system and all necessary municipal utilities either serve the proposed site or are located nearby. There is a 20" water main located in Road 111 and a major sewer line is located 230 feet from the southern edge of the proposed site. Infrastructure will not be adversely affected. 31 Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The general character of the neighborhood is a mix of suburban residential and institutional uses. Single family homes are located to the east and the Franklin County Irrigation office/shop as well as the City's Road 108 Maintenance yard are both located to the northeast. The Franklin County Irrigation pumping station and old shop building are located south of West Court Street a few hundred feet from the southern edge of the proposed site. The suburban character of the neighborhood will be maintained by the development of expansive gardens, open space and the clustering of structures that will cover less land area than the development of single family homes. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The proposed structures will cover less land area then the placement of 31 houses and customary accessory buildings. The site design will leave considerable open space available for gardens and landscaping that will 4 complement nearby yards. The site will be professionally maintained to create a peaceful park-like atmosphere. All structures will be set back from Road 111 a considerable distance so as not to be overbearing on the neighborhood. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing rights than would be the operation of any permitted uses within the district? The proposed use will create less traffic than would the development of the property with single family homes. The proposed development will be less intense than activities associated with the development of 31 houses. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? Development of the proposed site will lead to the installation of fire hydrants and a sewer line that will provide benefits to the existing development to the east. The minimal activity generated by the proposed use will not endanger the public health, safety, or welfare or create a greater nuisance than that of other permitted uses within the area. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions there from as contained in the June 15, 2006 staff report. MOTION for Recommendation: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit for the Rose Vista Hospice Facility with the following conditions: (Proposed) Approval Conditions (1) The special permit is personal to the applicant; (2) The facility shall be constructed in substantial conformance with the site plan submitted with the application; (3) Buildings shall be built in substantial conformance with the elevations drawings submitted with the application; (4) All buildings shall conform to the design standards of Chapter 25.58 (I-182 corridor Overly District) of the Municipal Code; 5 (5) Site access will be limited to Road 111; (6) All exterior and parking lot lighting shall be shielded to prevent light impacting surrounding properties; (7) A sewer line (8 inch minimum) must be extended from Court Street in Road 111 meeting the provisions of the City's Engineering construction standards and Municipal Code; (8) Road 111 shall be improved to include curb, gutter, sidewalk and all other improvements as contained in the engineering construction standards; (9) The special permit shall be null and void if a building permit for the Hospice House building has not been issued by August 1, 2008. I 6 VICINITY ITEM : ROSE VISTA HOSPICE APPLICANT : TRI- CITY CHAPLAINCY FILE # :MF #SP06 - 007 SITE `�ryar a° �Of' \ �o ZONING ITEM : ROSE VISTA HOSPICE APPLICANT : TRI- CITY CHAPLAINCY FILE # :MF #SP06 - 007 �o RS -- 12 Govt lot 1 e SITE RS- 12 � h h 00 o \ °¢ O Ci � LAND USE ITEM : ROSE VISTA HOSPICE APPLICANT : TRI- CITY CHAPLAINCY FILE -# :MF #SP06 - 007 FCID Shops Hobby ity Farm �Yar c� SITE Propose Church T O \ +O Q 0 Lu c� 3 u y a w�0 0 Fo LU 3:u.i T � LL oc a 04 ro oo, � 5 $ � o-� S 55'31'53"E 38 1.95' o' 2 o U Ll a 2 0 11 ® � lull 6 vp�d o oho C� N CL 106wMw o�QQ� cS- z QQ LOL,zo co of Q z z S 4'38' 'E 4 .88' n Q p U N A ^� O �oQQ� :� 91 � ,Q) z 4d `4 o U) cr P PSG PGA 1NVN.36V�3d S� Lo 50' z (0 �F. N 48'2746"W 544.67' COURT STREET .I J F CO w J U 8 b Yi !} 4L �Z r LLJ O:c 00 IL LIJ w = ix j cr WW CV fU tEE Y fa Q z z: z O ❑ ❑ O ❑ Y ❑ z d> > f �� ❑ w Q BI Yz mO ❑ C ; ° v H E w> h� w e' JU�lu v ° m O z ❑ v ❑ o ❑ I> ❑ ni f v tu lu Z tR P 1 Q ❑ �� ❑ Qz ❑ tt1 w4 ❑ z_ Q> m r 8 z lu tLi m ED z h Q ° e Q ❑ QQ m IL ❑' ❑ N Q w ILI IL v v0 v Q oz ❑� F m Q z �d O fi vd LLI ° OW z> z }� � LLI MH �17- z� tu I- wO d� Id m lu e N Q � to B � d a Q 4 o z q ° ❑ Y I f_ fi Z m ° h d CJ v ° z d> � o e I-ul ° -' a > d> ❑ � o �O lu >� O v El Q p mini Cl, d J U k 6� 11 H�U Wz w - 2S a m °z W d �� 0 ` �$� '; Lij CQ c°� wQ O ` LL L) OM XLJ w x x w 0 4 o � � Q 4 w a 0 0 0 0 0 � 0 0 0 0 ° o a � 1 ° 0 Q a o � nn (V U � � a 0 0 z o � � O Q w o > r w lu T- V- o IV 0 ~ � O > w ry > -1 w fil w 0 w ° w o � �' m PLANNING COMMISSION MINUTES 5/18/06 A. SPECIAL PERMIT Rose Vista Hospice Center—Community Service Facility in a R-S-12 Zone Rd 111 Tri City Chaplaincy) MF#SP06-007 Chairman McCollum read the master file number and asked for the Staff report. Staff stated that notice of the hearing was published in the .newspaper and mailed to affected property owners within the required distance from the proposed site. In this application, the Tri- City Chaplaincy requested a special permit to Iocate the Rose Vista Hospice Center on Road 111 in West Pasco. Staff explained a hospice facility is characterized in part as a hospital, nursing home, spiritual center and social support center. Such activities placed the proposed Hospice facility within the definition of a Community Service Facility which requires a special permit. Staff reviewed the surrounding land use and zoning and explained the site could be developed with 31 single family dwellings. At that density 310 vehicle trips would be generated per day. A hospice facility of the size proposed is calculated to generate 62 vehicle trips. Through experience, the applicant estimates 200 vehicle trips would be generated, 100 less than 31 single family dwellings. The proposed facilities would occupy 33,000 sq. ft., covering less than an acre, 31 homes would occupy about an acre, or an additional 10,000 square feet. Staff referenced the drawings, initial findings of facts, and possible conclusions that were contained in the report. Chairman McCollum asked if there were any questions of Staff. CHAIRMAN MCCOLLUM OPENED THE PUBLIC HEARING AND ASKED IF THERE WAS ANY ONE PRESENT THAT WISHED TO SPEAK ON THIS MATTER. Mr. Terry Thornhill, Architect, 9221 Sandifur Parkway, Suite A, Pasco, spoke in favor of the project. Mr. Thornhill explained the intent was to create a garden vista on the site with attractive buildings. The facility would have 20 rooms, parking lots, support buildings, lawns, gardens, and a walking garden for patients and family. All parking lot lighting and building lighting will be low-glow. The main access would be off Road 111. Mr. Thornhill stated the proposed facility would be a visual gateway project into Pasco. Staff asked if the proposed access to Court Street was crucial, Public Works staff would rather not see an access point at that location. Mr. Thornhill replied that it was not an absolute critical factor. The consideration was for a fire department access and loop if it were necessary. From an access stand point, it is not absolutely necessity. Mr. Gary White, 915 Road 51, Pasco. Explained that the only opportunity for hospice care in the Tri-Cities is. in Kennewick. The proposal would be a great facility for Pasco and also a great gateway coming in from the freeway. Mr. Robert Schappel, 10804 W. Court Street, stated at one time the site was up for a Comprehensive Plan designation for high rise buildings. The neighborhood was against it; the Planning Commission agreed and changed it to single family dousing. As a neighbor, he felt the proposal was ideal, and it would create is even less traffic than single family housing. A year ago, Mr. Schappel had a personal experience with hospice when his wife had cancer. He has an emotion attachment to hospice; it is a good thing to have in the community. He could not think of anyone who would object to it. Mr. Dave Riddle, 2108 W Entiat, Kennewick, Executive Director, Tri-City Chaplaincy commented that it was important to bring hospice to the City of Pasco. Mr. Riddle explained there was a great need. The need is what is driving the project. Having the facilities and the beds that are needed is important. Commissioner Little asked whether an application to the state was required for capacity or beds, like a hospital, Mr. Riddle responded that it was exactly like a hospital, and that they have been approval to build the 20-bed facility. Commissioner Little asked if they were limited to 20. Mr. Riddle answered that under the current State law up to 20 beds are allowed at any single location. Commissioner Schouviller asked what the CPE Retreat and Training facility were to be used for. Mr. Riddle answered that they have a nationally accredited training program called "Clinical Pastoral Education" where they train Chaplains. The training center would be used for that purpose. Commissioner Schouviller asked about the other facilities such as bereavement, and Cork's Place. Mr. Riddle responded that Cork's Place is where the children's program will be located. Part of the hospice program includes a year of bereavement or grief support for the whole family. Commissioner Mosebar asked if the 20-bed could be expanded. Mr. Riddle answered that a different location would be required. Commissioner Mosebar asked if there was a reason for the limit. Mr. Riddle responded that there may not be a reason, however, the policy states 20 is the limit at a single location. Mr. Mike Korenko, 11316 W Court Street, spoke in favor of the proposal. There were some concerns regarding plans for Parcel 2. Staff answered that the Unitarian Church owns Parcel 2. The County granted the church a Special Permit prior to annexation. The church will need to reapply for a special permit in the City. Staff asked the representative from the church to speak to issue. Ms. Harter, the church representative confirmed that they intend to build a church and will be a good neighbor like the hospice. The church plans to build something that will fit with the neighborhood. Mr. Korenko stated that he thought it was a good idea and would like to lend his support to the hospice. Mr. Bob Birch, 3905 S Olson Court, Kennewick spoke in favor of the project, it has a closeness to him since his father died and was a patient. He was involved in the construction of the first facility. The proposal will be a great addition to the community and provides much needed service. Following three (3) calls from Chairman McCollum for comment from the floor, either for or against, Commissioner Mosebar moved the Planning Commission close the public hearing on the proposed special permit, initiate deliberations, and schedule adoption of findings of facts, conclusions and a recommendation for the Planning Commission meeting of June 15, 2006, Commissioner Hay seconded. Motion carried unanimously. Chairman McCollum added that the handout would be Exhibit 1 and attached to future reference material. I PLANNING COMMISSION MINUTES 6/15/06 A. Special Permit Rose Vista Hospice Center—Community Service Facility in a R-S-12 Zone Rd 111 (Tri City Chaplaincy) (MF #SP06-007) Chairman McCollum read the master file number and advised that the item is open for consideration by the Consideration by the Commission only. The chairman explained this item was opened for public comment at the previous month's Planning Commission meeting, therefore no further public comment will be taken. The Chairman asked if there was any additional information on this item to be presented by Staff. Commissioner Smurthwaite moved the Planning Commission adopt the Findings of Fact and conclusions there from as contained in the June 15, 2006 Staff Report. Commissioner Hay seconded, motion carried unanimously. Commissioner Smurthwaite further moved based on the findings of fact as adopted, the Planning Commission recommend the City Council approve a special permit for Rose Vista Hospice Center with Special Conditions as outlined in the Staff Report. Commissioner Anderson seconded, motion carried unanimously. AGENDA REPORT NO. 56 FOR: City Council DATE: July 3, 2006 TO: Gary Crutchfi it Managers WORKSHOP: Richard J. Smi irector REGULAR: 7/17/06 Community an Economic Development FROM: David 1. McDonald, City PlannerTItl— SUBJECT: SPECIAL PERMIT: Location of a Park - Village at Pasco Heights Park -Wrigley Drive (City of Pasco) (MF # SP06--006) I. REFERENCE(S): A. Report to Planning Commission: 5/18/06 B. Planning Commission Minutes: Dated 5/18/06 8v 6/15/06 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the Village at Pasco Heights Park, as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On May 18, 2006 the Planning Commission conducted a public hearing to consider a special permit application for the development of a park within the Village at Pasco Heights subdivision. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the Village at Pasco Heights Park. The recommended conditions are contained in the attached Planning Commission report. C. No written appeal of the Planning Commission's recommendation has been received. io(b) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP06-006 APPLICANT: City of Pasco HEARING DATE: 5/18/06 P.O. Box 293 ACTION DATE: 6/ 15/06 Pasco WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Village at Pasco Heights Park (Location and construction of a public park and playground in the Village at Pasco Heights Subdivision) 1. PROPERTY DESCRIPTION:- Legal: A tract of land in the Southeast quarter of Section 10, Township 9 North Range 29 East, WM. A portion of Parcel # 116-290-037. General Location: 5600 Block of Wrigley Drive. Property Size: 3 acres 2. ACCESS: Wrigley Drive and Taft Drive. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The park site and all surrounding properties are zoned R-1 (Low Density Residential). 5. COMPREHENSIVE PLAN: The Comprehensive Plan encourages the placement of open space within the city. Open space is used to describe all types of parks, trails and game fields. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS Parks within residential neighborhoods are generally identified as a desirable urban amenity. The Comprehensive Plan encourages the location of parks throughout the City. Neighborhood Parks are characterized by parks that are designed primarily for non-supervised, non-organized recreational activities. These parks are generally small in size (3-7 acres) and are intended to serve a radius of about one-half a mile. In residential areas where densities are 2 to 3 units per acre the service area can be expanded to a one mile radius. The Park and Recreation Plan suggests a park be located in the Village at Pasco Heights subdivision in roughly the location that was identified through the preliminary platting process. The applicable policies and development criteria for neighborhood parks are as follows. (1) A neighborhood park should be provided when the area it serves reaches a 60% development level either by land mass or population. (Six phases of The Village at Pasco Heights ;subdivision have been completed.) (2) A neighborhood park should not be less than 5 acres in size if it is to be located without any other amenities. Where practical neighborhood parks should be co-located with elementary schools. (The proposed park is 3.27 acres and is adjacent a 4 acre common greenway to be maintained by a homeowners association.) (3) In neighborhoods where the densities are 2-3 dwelling units per acre the service area for neighborhood parks should be extended to a mile radius. (4) At least 50% of the park site should be flat and usable. (The proposed park site has been leveled.) (5) Appropriate facilities for neighborhood parks include: 1. Practice fields for softball, soccer, youth baseball etc.; 2. Children's playgrounds; 3. Unstructured open play areas; 4. Paved game courts; 5. Picnic areas with shelter buildings; 6. Trails systems; 7. Trees; 8. Natural open space; and, 9. Drainage corridors (6) The location criteria suggest neighborhood parks be central to the area they serve, be adjacent a green belt or trail system, be within walking distance of the area they serve, avoid the need to cross major streets or physical barriers and be readily visible from adjoining streets. The proposed Village at Pasco Heights Park meets the development criteria for neighborhood parks. INTIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is zoned "R-1" (Low Density Residential). 2 2. The site is located on Taft Drive and Wrigley Drive. 3. The site is visible from two local streets. 4. Surrounding properties to the north, south, east and west are zoned "R_1" 5. Surrounding properties are being developed and used for single family housing. 6. The site was identified in the preliminary Plat of Village at Pasco Heights Park as a neighborhood park. 7. The City Council accepted the park site through the final plat process. 8. Neighborhood parks are generally located in residential neighborhoods. 9. The park site is 3.27 acres in size. 10. The park site is located beside a 4 acre common open space. 11. The is no elementary school site within the Village at Pasco Heights Subdivision. 12. The Parks Department held a public meeting to inform the neighborhood about resources available for the development of the Village at Pasco Heights Park. 13. The neighborhood participated in developing the plan for park improvements. 14. The park site will be landscaped and developed in accordance with direction for neighboring residents. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT The Planning Commission must make findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed findings are as follows: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive PIan encourages the development of open space and parks within the City. The Park and Recreation PIan suggests a neighborhood park should be located in the general vicinity of the proposed park. (2) Will the proposed use adversely affect public infrastructure? The proposed park will have minimal effect on the infrastructure within the neighborhood. A city irrigation well is located in the park. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed park will be an asset to the surrounding neighborhood. 3 (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The playground equipment and picnic shelters will be lower in height than the surrounding houses. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The park will not create more traffic, flashing rights, fumes or vibrations than the permitted uses in the neighborhood. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? Parks are typically located in residential neighborhoods to enhance the quality of life and improve the general welfare of neighboring residents. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions there from as contained in the June 15, 2006 staff report. MOTION for Recommendation: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit for the Village at Pasco Heights Park with the following conditions: (Proposedl Approval Conditions (1) The special permit is personal to the applicant; (2) The park shall be constructed in substantial conformance with the site plan submitted with the application; (3) The special permit shall be null and void if the proposed improvements are not made by August 1, 2007. 4 WELL �t i RESTROOMB�% BASK COURLL /lx, ALAYFIELO / PICNIO �• f SHELTER #, PICNIC F /• SHELTER i NORTH )I( POLE LIGHT Preliminary Plan - Pasco liflla is Park © DRINKING FOUNTAIN VICINITY ITEM : PARK, VILLAGE AT PASCO HEIGHTS APPLICANT : CITY OF PASCO FILE -MF #SP06 - 006 II POLK CRT i WRIGLEY DR 3 � McKINELY CT S 1TE o 0 cfl FILLMORE DR, 0 Q O �F ry O� FENWAY DR 3 � Q x ROOSEVELT CRT TAFT DR BURDEN BLVD ZONING ITEM : PARK, VILLAGE AT PAS C O HEIGHTS APPLICANT : CITY OF PASCO FILES :MF #SP06 - 006 u POLK CRT x of WRIGLEY DR � McKINELY CT Isi TE o � � m 0 FILLMORE DR, Q O PG� O� FENWAY DR S �7 ROOSEVELT CRT TAFT DR i BURDEN BLVD LAND USE ITEM : PARIS, VILLAGE AT PASCO HEIGHTS APPLICANT : CITY OF PASCO FILE # :MF #SP06 - 006 U N POLK CRT a 1 \ WRIGLEY DR � McKIN Y Qk SITE o s � � U 7 m 0 Fl ORE DR. 0 Q O o� WOR } r z Y ROOSEVELT CRT TAFT DR BURDEN BLVD ' PLANNING COPMMISSION MINUTES 5/18/06 C. Special Permit Village at Pasco Heights (Wrigley Dr) (City of Pasco) (MF #SP06-006) Chairman McCollum read the master file number and asked for the Staff report. Staff reported that a couple of years ago the Planning Commission reviewed a Preliminary Plat for the Village at Pasco Heights which included a park. The park was located adjacent a large easement owned by the Williams pipeline company. The easement occupies approximately four acres running diagonally through the plat. Staff explained the Parks Department recently met with the neighborhood and received input relative to facilities to be included in the park. Mr. Strebel stated the proposed park is a bit smaller due to the configuration of the plat and the location adjacent the pipeline easement. The park is designed to overlap a playfield on the existing greenway. Most of the active facilities are located on the north end of the park. The solar lighting concept is also proposed for this park. The Parks Department will work with neighbors over fencing issues. Commissioner Little asked if the greenway were fenced park-side. Mr. Strebel answered it is fenced on the east side. Commissioner Little asked if it acts as an extension of the park. Mr. Strebel stated that it looks like a 60 foot addition to the park. No permanent facilities will be placed in the easement. Chairman McCollum asked if there were any questions of Staff. CHAIRMAN MCCOLLUM OPENED THE PUBLIC HEARING AND ASKED IF THERE WAS ANY ONE PRESENT THAT WISHED TO SPEAK ON THIS MATTER. Ricardo Chavez, 5512 Taft Drive, stated that lighting was his main concern, concern during the winter. Tiffany Higden, 5611 McKinley Court, had questions regarding safety of the water pump due the presence of children, how the park will be maintained around vinyl fencing, and solar lights. Ms. Higden stated the well was a big concern especially the lighting around it, it shines in her window. Will there be trees planted there. Mr. Strebel stated the well will be maintained by the Public Works Department and cannot say specifically what they propose to do with this facility. Ms. Higden said the light from the well could be seen 12 houses down. Mr. Strebel could not to speak to what Public Works would do about the lighting. Ms. Hidgen stated that she and another neighbor has vinyl fencing you can't weed-wack or mow next to it. Will there be something there to protect the vinyl fences. Mr. Strebel answered that they would look into putting a mow strip in on the City's side of it. Commissioner Mosebar asked if vinyl fencing is a plan to be put in there. Mr. Strebel answered most of the fencing is in at this time. A vinyl fence is planned in Casa Del Sol with a mow strip on either side. Commissioner Mosebar asked if the well was already in place, and if the light were an indicator light or some sort of a security light. Mr. Strebel answered the well is existing,the light is assumed to be a security light. Following three (3) calls from Chairman McColIum for comment from the floor, either for or against, Commissioner Hay moved the Planning Commission close the public hearing on the proposed special permit, initiate deliberations, and schedule adoption of findings of facts, conclusions and a recommendation for the Planning Commission meeting of June 15, 2006. Commissioner Anderson seconded. Motion carried unanimously. i PLANNING COMMISSION MINUTES 6115/06 C. Special Permit Village at Pasco Heights (Wrigley Dr) (City of Pasco) (MF #SP06-006) Chairman McCollum read the master file number and asked if there was any additional information from Staff. Staff stated that, as with the previous item, this park proposal was before the Commission at the last month's meeting. At that time the Commission received testimony from City Staff and owners of property adjacent to the park. The Commission is now scheduled to deliberate and make a recommendation to the City Council. Commissioner Little moved the Planning Commission adopt the Findings of Fact and conclusions there from as contained in the June 15, 2006 Staff Report. Commissioner Rose seconded, motion carried unanimously. Commissioner Little further moved based on the findings of fact as adopted, the Planning Commission recommend the City Council approve a special permit for the Village at Pasco Heights Park with Special Conditions as outlined in the Staff Report. Commissioner Anderson seconded, motion carried unanimously. Staff explained that the three items just considered would go before City Council at their first regular meeting in July unless an appeal is filed. If an appeal is filed, a closed record hearing would be held before the Council based upon the record generated from the Public Hearing at the May 18, 2006 meeting. If there are questions, they may be directed to Planning Staff. I AGENDA REPORT NO. 55 FOR: City Council DATE: July 3, 2006 TO: Gary Crutchfie it Manager S WORKSHOP: Richard J. Smit it ctor REGULAR: 7/17/06 Community and conomic Develo ment FROM: David I. McDonald, City Planner --�_ SUBJECT: SPECIAL PERMIT: Location of a Park - Casa Del Sol Park -Laredo Drive (City of Pasco) (MF # SP06-005) I. REFERENCEIS): A. Report to Planning Commission: 5/18/06 B. Planning Commission Minutes: Dated 5/18/06 & 6/15/06 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the Casa Del Sol Park, as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On May 18, 2006 the Planning Commission conducted a public hearing to consider a special permit application for the development of a park within the Casa Del Sol subdivision. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the Casa Del Sol Park. The recommended conditions are contained in the attached Planning Commission report. C. No written appeal of the Planning Commission's recommendation has been received. 10(c) t REPORT TO PLANNING COMMISSION MASTER FILE NO: SP06-005 APPLICANT: City of Pasco HEARING DATE: 5/18/06 P.O. Box 293 ACTION DATE: 6/15/06 Pasco WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Casa Del Sol Park (Location and construction of a public park and playground in the Casa Del Sol Subdivision.) 1. PROPERTY DESCRIPTION: Legal: A tract of Land in the Southwest quarter of Section 11, Township 9 North Range 29 East, WM. Parcel # 116-410-014. General Location: 4600 Block of Laredo Drive. Drive Property Size: Five acres 2. ACCESS: Laredo Drive east from Road 52. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The park site and all surrounding properties are zoned R-S-1 (Suburban Residential). 5. COMPREHENSIVE PLAN: The Comprehensive Plan encourages the placement of open space within the city. Open space is used to describe all types of parks, trails and game fields. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS Parks within residential neighborhoods are generally identified as a desirable urban amenity. The Comprehensive Plan encourages the location of parks throughout the City. Neighborhood Parks are characterized by parks that are designed primarily for non-supervised, non-organized recreational activities. These parks are generally small in size (3-7 acres) and are intended to serve a radius of about one-half a mile. In residential areas where densities are 2 to 3 units per acre the service area can be expanded to a one mile radius. The Park and Recreation Plan suggests a park be located in the Casa Del Sol subdivision in roughly the location that was identified through the preliminary platting process. The applicable policies and development criteria for neighborhood parks are as follows. (1) A neighborhood park should be provided when the area it serves reaches a 60% development level either by land mass or population. (This park is intended to serve the Casa Del Sol, Desert Sunset and Desert Estates subdivisions. In land mass and population these subdivisions are nearing the 60% development level.) (2) A neighborhood park should not be less than 5 acres in size if it is to be located without any other amenities. Where practical neighborhood parks should be co-located with elementary schools. (The proposed park is 5 acres.) (3) In neighborhoods where the densities are 2-3 dwelling units per acre the service area for neighborhood parks should be extended to a mile radius. (4) At least 50% of the park site should be flat and usable. (The proposed park site has been leveled.) (5) Appropriate facilities for neighborhood parks include: 1. Practice fields for softball, soccer, youth baseball etc.; 2. Children's playgrounds; 3. Unstructured open play areas; 4. Paved game courts; S. Picnic areas with shelter buildings; 6. Trails systems; 7. Trees; 8. Natural open space; and, 9. Drainage corridors (6) The location criteria suggest neighborhood parks be central to the area they serve, be adjacent a green belt or trail system, be within walking distance of the area they serve, avoid the need to cross major streets or physical barriers and be readily visible from adjoining streets. The proposed location of the Casa Del Sol Park meets the development criteria for a neighborhood parks. INTIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 2 i 1) The site is zoned "R-S-1" (Suburban Residential). 2) The site is located on Laredo Drive. 3) Surrounding properties to the north, south, east and west are zoned "R-S-1" 4) Surrounding properties are used for or are developing with single family housing. 5) The site was approved in the preliminary Plat for Casa Del Sol as a neighborhood park. 6) Neighborhood parks are generally located in residential neighborhoods 7) The proposed park will serve at least three residential subdivisions. 8) The park site is 5 acres in size. 9) There is no elementary school site or trail within the Casa Del Sol Subdivision. 10) The site is visible from two local streets. 11) The Parks Department held a public meeting to inform the neighborhood about resources available for the development of the Casa Del Sol Park. 12) The neighborhood participated in developing the plan for park improvements. 13) The park site will be landscaped and developed in accordance with direction for neighboring residents. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT The Planning Commission must make findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed findings are as follows: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan encourages the development of open space and parks within the City. The Park and Recreation Plan suggests a neighborhood park should be located in the general vicinity of the proposed park. (2) Will the proposed use adversely affect public infrastructure? The proposed park will have minimal effect on the infrastructure within the neighborhood. A small portion of the park site contains a well and pump that are used for the City's irrigation system. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed park will be an asset to the surrounding neighborhoods. 3 (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The playground equipment and picnic shelters will be lower in height than the surrounding houses. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The park will not create less traffic, flashing lights, fumes or vibrations than the permitted uses in the neighborhood. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? Parks are typically located in residential neighborhoods to enhance the quality of life and improve the general we fare of neighboring residents. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions there from as contained in the June 15, 2006 staff report. MOTION for Recommendation: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit for the Casa Del Sol Park with the following conditions: (Proposed) Approval Conditions (1) The special permit is personal to the applicant; (2) The park shall be constructed in substantial conformance with the site plan submitted with the application; (3) The special permit shall be null and void if the proposed improvements are not made by August 1, 2007. 4 LAREDO DRIVE Fll- � .............• .•- .. ........-----••.•p- O. 0 o o oc:, ,r 0 REBTROOMB/'' PICNIC SHELTER 0 eq$k f . 8 kli r Coin,�<< �.••� of 0 LAYGROUND AREA r -0 PICNIC SHELTER or� ro .................................. .......... ............................................................ .......... r ............-----------.-------------------•----.................................. z :w r well. r r PLAYFIELDS r i r r o . ............................................................_ o NEW FENCING , ............. NORTH X POLE LIGHT Preliminary Plan - Casa dpi Sol Parts ®DRINKING FOUNTAIN VICINITY ITEM : PARK CASA DEL SOL APPLICANT : CITY of PASCO FILE :MF #SP06 - 005 i O h CL CL LAREDO DR 3 3 Q SITE PAMPLONA OR MONTEREY DR I I FTT-n TT I f3- I I � I I BILBAO DR ARTESIA DR. L0 EUGENE DR SEGOVIA DR. O Of Q a VALENCIA DR. MALAGA OR �uj ANTIGUA DR S ; ANTIGUA DR < < o ANTIGUA OR BURDEN BLVD ZONING ITEM : PARK CASA DEL SCL APPLICANT : CITY OF PASCO FILE :MF #SP06 - 005 0 0 a LAREDO DR J z 0 1 ¢ R S SITE DR MONTEREY cr- 0 ¢ z z BILBAO DR ARTESI z J 0 x Z 0 SEGOVIA D LUCENE DR z J w VALENCIA DR. MALAGA DR I ANTIGUA DR ¢ ¢ AN I F SE PARK CASA DEL SOL CANT : CITY OF PASCO MF #SP06 - 005 0 h 0 LAREDO DR z J Z � J Fw- 0 J � a � a SITE DR MONTEREY a a Z a a 0 BILBAO DR ARTESI � o a 0 SEGOVIA D LUCENE DR z llo�NO 0 c VALENCIA DR. MALAGA DR h }- v ANTIGUA DR ANTIGUA DR a a PLANNING COMMISSION MINUTES 5/18/06 B. Special Permit Casa Del Sol Park(Laredo Dr) (City of Pasco) (MF#SP06-005) Chairman McCollum read the master file number and asked for the Staff report. Staff reported that a couple of years ago the Planning Commission reviewed a Preliminary Plat for Desert Sunset. During the preliminary plat process the location for a 5-acre park was discussed. The City Council then approved the preliminary plat with the proposed park site. The Developer has since deeded the property to the City and the Parks Department has met with the property owners to discuss design details. Staff explained Stan Strebel, Parks & Recreation Department, would explain the proposal in more detail. Mr. Stan Strebel, noted that since 2000, five new parks have been built in the City. The proposed park is number six and the following hearing will consider park number seven. Mr. Strebel explained neighborhood meetings were held in February and April to get input on the design of this park. The proposed design is typical of what has been built in the past. Playfields do not represent permanent facilities that will be built at this time, but space is reserved for future needs. There will be a playground area, picnic shelters, drinking fountain, trees, and a lighted walking path within the park. A three-sided masonry restroom facility enclosure similar to one built at Vintage Park will be located in the northeast corner. Chairman McCollum asked if there were any questions of Staff. CHAIRMAN MCCOLLUM OPENED THE PUBLIC HEARING AND ASKED IF THERE WAS ANY ONE PRESENT THAT WISHED TO SPEAK ON THIS MATTER. Commissioner Anderson asked about whether solar lights would be adequate during the long, dark, winter hours. Mr. Strebel answered that it won't be known until it's tried. If the Commission prefers, they will go a different direction. Backup electrical would be double the expense. If that were the case, they would just install the regular system. Commissioner Anderson asked if it would be possible to install the two outer lights as solar and all the other ones as regular to be able to provide some light that you are sure of. Mr. Strebel said they could explore that option to see if it is cost effective. Commissioner Mosebar asked if power would be readily available to pull in. Mr. Strebel stated it is available in the vicinity and there is a transformer on the property. Commissioner Mosebar asked if since they were solar battery powered, what would be the possibility of having just a battery that you could connect to should that not be sufficient from the solar. Mr. Strebel stated that would be a possibility they could explore. Chairman McCollum stated that it would make sense to put empty conduit in there and pull wire at a later date, that wouldn't be too expensive. Commissioner Little asked if other parks outside the City of Pasco have some experience in solving these things or is Pasco the first in the United States to have this kind of lighting. Mr. Strebel stated that a lot of communities have used the solar lights with success. Commissioner Little asked how the fees generated from the sales of the lots offset the cost of the park. Mr. Strebel answered they generally offset the cost to the tune of what is spent in the parks. Depending on the amount of land donated and the amount of fees collected in consideration of that, typically around $180,000 to $250,000 in fees is generated which allows a park such as this to be built. Commissioner Little stated that would not maintain it. Mr. Strebel added fees collected with building permits are not allowable for use as maintenance money. That becomes an obligation of the City's tax-supported general fund. Following three (3) calls from Chairman McCollum for comment from the floor, either for or against, Commissioner Anderson moved the Planning Commission close the public hearing on the proposed special permit, initiate deliberations, and schedule adoption of findings of facts, conclusions and a recommendation for the Planning Commission meeting of June 15, 2006. Commissioner Mosebar seconded. Motion carried unanimously. PLANNING COMMISSION MINUTES 6/15/06 B. Special Permit Casa Del Sol Park(Laredo Dr) {City of Pasco) (MF #SP06- u� - - Chairman McCollum read the master file number and asked if there was any additional information from Staff. Staff stated that, as with the previous item, this park proposal was before.the Commission at the last month's meeting. At that time the Commission received testimony from City Staff and owners of property adjacent to the park. The Commission is now scheduled to deliberate and make a recommendation to the City Council. Commissioner Hay moved the Planning Commission adopt the Findings of Fact and conclusions there from as contained in the June 15, 2006 Staff Report. Commissioner Anderson seconded, motion carried unanimously. Commissioner Hay further moved based on the findings of fact as adopted, the Planning Commission recommend the City Council approve a special permit for the Casa Del Sol Park with Special Conditions as outlined in the Staff Report. Commissioner Anderson seconded, motion carried unanimously. AGENDA REPORT FOR: City Counci July 12, 2006 TO: Gary Crutchfi Manager Workshop Mtg.: Regular Mtg.: 7/17/06 FROM: Stan Strebel, A min' t e d Community Services Direct SUBJECT: Bid for North Burden Parks(Casa del Sol and Village at Pasco Heights) Development Project No. 06-6-01 I. REFERENCE(S): A. Bid Tabulations II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/17: MOTION: I move to award the contract for the North Burden Parks Development Project to the low bidder, Jesse's Lawn Maintenance, in the amount of $482,298.35, including sales tax, for the base bid and Alternate 3, Alternate 4 (2 units) and Alternate 5. III. FISCAL IMPACT: Park Development Fund: $469,870.92. Utility Fund: $12,427.43. IV. HISTORY AND FACTS BRIEF: A) On July 12 the City received four bids for the North Burden Parks Development Project No. 06-6-01 (See bid tabulation attached). Jesse's Lawn Maintenance of Kennewick, Washington, submitted the lowest base bid in the amount of $417,288.56, including tax. The project estimate was$420,000. B) Other bids for the base project ranged from$445,654 to $495,556, including tax. C) In addition to the base bid, staff recommends the award of the contract to include Alternate 3 — a paved driveway access in the Casa del Sol site for well access (to be paid from the utility fund ($12,427.43); Alternate 4 — one additional picnic shelter in each park (total $40,937.40); and Alternate 5 — two additional light standards in each park (total $11,644.96). D) Staff recommends award of the bid to the low bidder, Jesse's Lawn Maintenance, so that the project can proceed for completion before winter. i 10(d) (D Co O co O (D Lnr— uOvr— rn CO N CO N Q 'q• r r r r N r V 69 V9. 64 613 6a j to E�3 a) to x x x x x x co v ° va- ro C r CV 7� w 3 � .� .a � o p as O F2 E E rn > a) a ° -0 o v) E E a- Q > Q) J_- !� o v cn (n 'c t L) c O -0Z7ii5 QQ ❑ Cn -1 v c6 c C: n c 0 -0 -0 < < 120 - 0 Q v � � Q U ff m a) a m r N M v � N co V u' o (D 70 o -C a mQQQQQ o� �o -0 -o mQQQQQ U0- 0mzQdm Uacr) mzQam O O N N 0) CO co ti r (D o) N O lf) M (D V r O 7 u) u) a0 (D N N N (C) h- 00 O (9 N CD M (f) 6r) r r - m � 64 64 64 N x x x x x x Ur1. Ua c .L� (a C O Cl cm :3 0 (a r O O a v = s_ a 0 O m C : c • ?? o mcn ¢'n ❑ UQc) _Q n v iE c o -0 -0cc < < c o -0amQ a) o c c o c c m CO d (C _ cv M U) cr. C 70 -0 0 � •+ � '0 -0 0 y = 0 -0 a QQQ- QaQQQ a) n Uv cnmz ¢ <Cm Ua cnmz ¢ dm a� or- u') oIna 00 CO -- oa "c o n0 (D - co LDMQM00 v CO M Ln CN (D a) (1-) (0 LO M > vIto) cor or CF) (') rty ° a) (D to r` N r- V- OD ,d- U') v cD Q -I-- V ti 'd' V C6 M In CO r- M N U Cr 64 {A r r 69 r- U), fig r r r N 6`3 64 N � ti 69 69 i E 69 m m co Q. U x x x x x x m x x x x x x c a) 3 m � Cf) o Un U �- z — — — o o 3 c o ivy 3 � ,�cn 70 U)� o` a) o mm E E c > cu o ° E E CL CL > a) a-• ,cc n m .N c c O 'C `O d c p N NaA -r o c C: F O � w CO V � L o U MI n Cm -0o m .o - 0 m c -0 -Oa 0 - •� � U U (L0ImzQQm QQQQQ Ur1U) 00Z <LQmQQQQQ AGENDA REPORT NO. 24 FOR: City Council July 12, 2006 TO: Gary Crutchfii "eity Manager Regular Mtg: July 17, 2006 Robert J. Albe blic Works Director FROM: Doug Bramlette, City Engineer SUBJECT: Award Road 68 Widening West Side, Phase 1; Project#06-3-05 I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7117: MOTION: I move to award the low bid for the Road 68 Widening West Side, Phase i Project # 06-3-05 to Transtate Paving Company in the total amount of$55,175.00, and, further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: On July 12, 2006, staff received three bids for the Road 68 Widening West Side, Phase 1 Project # 06-3-05. The low bid was received from Transtate Paving Company, for the total amount of$55,175.00. The second lowest bid was received from A & B Asphalt for the amount of$58,700.00. The Engineer's Estimate for the project is $31,008.75. The 2006 budget for the project is $100,000.00. New traffic impact fees will reimburse the arterial street fund for the costs. The project involves widening the northwest corner of Road 68 & Burden Boulevard, to accommodate the increased traffic anticipated due to the Lowe's store opening. Staff recommends award of this contract to Transtate Paving Company. V. ADMINISTRATIVE ROUTING Project File 10(e) J' p: J80 VuWIR�- z ZO OG �-•,.,�Q � �d a� a! z�0 3ltt!C6W`\ f! ! i t s I a-an,RS* 11' ti CD L J r W °bay m° rr Q Nli Z4fa4-i321D'N� } OS Nl 310180 o 1/!r [� J c d 1 a3�11�La � t' j irl U"i IN r ,� 83NIatlW O OI q' Ji 1 U� z of NI �3ea0j W 1 Q 1 i`wt N7 01) - c' c►3NCb ad j o — Of ii E O im v z; z p Ild d 89 OtlNl NA015a3d0�i� NOIIN�NOD _• I !;` L LJ Oa / IM !r' , t - _ r. I fi XP dl/ Z !j(f i /fi I ,% •t Q ry 9c apoa "/ U p. r` �r SIW3nJ ;•• _.._l i � a'' w' ,' '• W; Z w � j /r r � � �` w� z' pl a naod �- 1 z; _, 0 L I W_._w`w .._..0 y 3Ntl1 3fiJt►1NOW %` W Z Qt O 10 I� i 1 i D (_J7i 7� OCR Q iZ 6 i:° CY Y I z l+f > w la " W T Ntli ltVUNnO City of Pasco ROAD 68 WIDENING WEST SIDE PHASE 1 Project No. 06-3-05 JULY 129 2006 BID SUMMARY Total Engineer's Estimate $31,008.75 1. Transtate Paving Company $55,175.00 2. A & B Asphalt $58,700.00 3. Inland Asphalt Company $751)720.00