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HomeMy WebLinkAbout2007.02.05 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. February 5,2007 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 January 16,2007. 2. Minutes of the Pasco City Council Special Meeting dated January 29, 2007. (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$550,216.27 ($550,216.27 consisting of Claim Warrants numbered 158703 through 158772). (2006 EXPENSES) 2. To approve General Claims in the amount of$921,922.78 ($182,139.58 in the form of Wire Transfer Nos. 4675, 4679 and 4686 and, $52,443.10 consisting of Claim Warrants numbered 158686 through 158702, and $687,340.10 consisting of Claim Warrants numbered 158773 through 158946). (2007 EXPENSES) 3. To approve Payroll Claims in the amount of $1,432,656.80, Voucher Nos. 35754 through 35839; and EFT Deposit Nos. 30014574 through 30015289. (c) Property Line Adjustment: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated January 17,2007. 2. Record of Survey. 3. Quit Claim Deed. To authorize the City Manager to execute the Quit Claim Deed adjusting the boundary for property on Beech Avenue. (d) Dedication of Right-of-Way of Industrial Way: 1. Agenda Report from Robert J.Alberts,Public Works Director dated January 19, 2007. 2. Statutory Warranty Deed. 3. Vicinity Map. To approve the dedication from Kimo & Tondi L. Vonoelhoffen and acceptance of right-of-way on Industrial Way. (e) Washington State Rating Bureau: 1. Agenda Report from Gregory L. Garcia, Fire Chief dated January 24, 2007. To authorize the Mayor to request the Washington State Rating Bureau re-grade the City of Pasco in 2007 for fire insurance purposes. (f) Resolution No. 3005, a Resolution conditionally authorizing connection of two public schools outside the city to the municipal sewer system. 1. Agenda Report from Gary Crutchfield,City Manager dated February 1, 2007. 2. Letter from PSD Superintendent to City Manager dated 1/2/07. 3. Map of subject school sites and sewer system. 4. Resolution. To approve Resolution No. 3005, conditionally authorizing connection of two public schools outside the city to the municipal sewer system. Regular Meeting 2 February 5,2007 (g) Resolution No. 3006, a Resolution authorizing an amendment to the cooperative agreement to form the Kennewick, Pasco and Richland consortium under the National Affordable Housing Act and Extending the Agreement from 2005-2007. 1. Agenda Report from Richard J. Smith, Community&Economic Development Director dated January 23, 2007. 2. Resolution. 3. Amendment No. 1 to Cooperative Agreement. To approve Resolution No. 3006, amending the HOME 2005-2007 Cooperative Agreement between the Cities of Pasco, Kennewick and Richland and, further, authorize the Mayor to sign the agreement. *(h) Resolution No. 3007, a Resolution accepting work performed by Watts Construction, Inc., under contract for the Road 77 Sewer Line and Water Line Project, Project No. 05-1-17. 1. Agenda Report from Doug Bramlette,City Engineer dated January 23,2007. 2. Resolution. To approve Resolution No. 3007, accepting the work performed by Watts Construction, Inc., under contract for the Road 77 Sewer Line&Water Line Project,Project No. 05-1-17. (RQ MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers. (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Section 3.07.060 of the Pasco Municipal Code regarding Cemetery Fees. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated January 24, 2007. 2. Proposed Ordinance. 3. Cemetery Price Sheet. MOTION: I move to adopt Ordinance No. , amending Section 3.07.060 "Cemetery" of the Pasco Municipal Code regarding base fees and charges for Cemetery services and, further, to authorize publication by summary only. *(b) Resolution No. , a Resolution regarding the sale of certain surplus real property located at the southwest corner of 5h Avenue and West Brown Street. 1. Agenda Report from Richard J. Smith, Community&Economic Development Director dated January 31,2007. 2. Purchase and Sale Agreement. 3. Resolution Authorizing Sale. MOTION: I move to approve Resolution No. , authorizing the sale of a city parcel of real property at 5h and Brown Streets to Michael J. Davidson and, further, authorize the City Manager to execute all documents necessary to effect the sale. 9. UNFINISHED BUSINESS: (None) Regular Meeting 3 February 5,2007 10. NEW BUSINESS: Q*(a) Special Permit: Crematorium in a C-1 Zone (Pet Emergency Services) (8913 Sandifur Parkway): 1. Agenda Report from David I. McDonald, City Planner dated February 1,2007. 2. Report to Planning Commission. 3. Planning Commission Minutes: dated 12/21/06& 1/18/07. MOTION: I move to approve the special permit for the location of a Crematorium in the 8900 block of Sandifur Parkway as recommended by the Planning Commission. *(b) Office& Locker Room Expansion,Phase 1,Project No. 07-1-02: 1. Agenda Report from Robert J. Alberts, Public Works Director dated January 22, 2007. MOTION: I move to approve the purchase of goods and services from Modern Building Systems, Inc., for Office and Locker Room Expansion, Phase 1, Project No. 07-1-02, in the amount of$156,722.01 including applicable sales tax. 11. 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. 4:00 p.m., Monday, February 5, City Hall Conference Room #1 — Tri-Cities Regional Centers Study Oversight Committee Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS) 2. 12:00 p.m., Wednesday, February 7, 1135 E. Hillsboro Street, #B — Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; JOE JACKSON, Alt.) 3. 4:00 p.m., Wednesday, February 7, 720 W. Court Street — Local Housing Trust Fund Oversight Committee Meeting. (MAYOR JOYCE OLSON, COUNCILMEMBERS REBECCA FRANCIK and MIKE GARRISON 4. 7:00 p.m., Thursday, February 8, Transit Facility — Ben-Franklin Transit Board Meeting, (COUNCILMEMBER MATT WATKINS, Rep.; MIKE GARRISON,Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 16, 2007 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, Tom Larsen, Joyce Olson, and Matt Watkins. Joe Jackson was absent. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Doug Bramlette, City Engineer; Denis Austin, Police Chief; Greg Garcia, Fire Chief; and Doyle Heath, Utility Engineer. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated January 2, 2007. (b) Bills and Communications: To approve General Claims in the amount of$358,225.21 ($14,997.86 consisting of Claim Warrants numbered 158429 through 158430 and, $343,227.35 consisting of Claim Warrants numbered 158445 through 158626). (2006 EXPENSES) To approve General Claims in the amount of$555,691.24 ($70,397.49 in the form of Wire Transfer Nos. 4668 and 4672 and, $39,350.83 consisting of Claim Warrants numbered 158431 through 158444, and $445,942.92 consisting of Claim Warrants numbered 158627 through 158685). (2007 EXPENSES) To approve bad debt write-offs for utility billing, ambulance, miscellaneous, cemetery, code enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$181,072.77 and, of that amount, authorize $112,964.15 be turned over for collection. (c) Fire Department Emergency Response Time Report: To accept and approve the 2006 Fire Department Emergency Response Time Report. (d) 2007 Professional Services Agreement with the Pasco Downtown Development Association: To approve the 2007 Agreement with the Pasco Downtown Development Association to provide professional services and, further, authorize the City Manager to sign the agreement. Removed from Consent Agenda and moved to Item 10(i)—New Business. (e) Bargaining Contract for Uniformed Police Department Represented Employees: To approve the Collective Bargaining Agreement with the Pasco Police Officers Association, uniformed employees and, further, authorize the Mayor to sign the agreement. (f) Resolution No. 3003, a Resolution adopting the names of"Lincoln Park" for the new park located on Wrigley Drive and "Casa del Sol Park" for the new park located on Laredo Drive. 3(a)A MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 16, 2007 To approve Resolution No. 3003, adopting the name of"Lincoln Park" for the new park located on Wrigley Drive and "Casa del Sol Park" for the new park located on Laredo Drive as recommended by the Park and Recreation Advisory Council. (g) Resolution No. 3004, a Resolution accepting work performed by Goodman and Mehlenbacher Ent., Inc., under contract for the 66th Place Sewer and Water Line Project Nos. 06-1-03 and 06-2-01. To approve Resolution No. 3004, accepting the work performed by Goodman & Mehlenbacher, Ent., Inc., for the 66th Place Sewer& Water Line Project Nos. 06-1-03 and 06-2-01. MOTION: Mr. Watkins moved to approve the Consent Agenda as amended. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison reported on the Hanford Communities Governing Board Meeting. Mr. Hoffman attended the Regional Transportation Advisory Committee Meeting Mayor Olson attended the 16th Annual Bell Ringing Ceremony in honor of Martin Luther King Jr. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Public Hearing on the Final Assessment Roll for ULID 142: Mr. Doyle Heath, Utility Engineer, explained the details of the assessment. Council and Staff discussed the details of the assessment. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE ASSESSMENT ROLL. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,AND THEIR BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3815, an Ordinance of the City of Pasco, Washington, relating to Utility Local Improvement District No. 142, approving and confirming the assessments and assessment roll of Utility Local Improvement District No. 142 created for the purpose of carrying out a system or plan of additions to and betterments and extensions of the waterworks utility of the City, including the sanitary sewerage system and the system of storm or surface water sewers of the City specified, adopted and ordered to be carried out by Ordinance No. 3712, and levying and assessing the cost and expense thereof against the several lots, tracts, parcels of land, and other property as shown on the assessment roll. MOTION: Mr. Watkins moved to adopt Ordinance No. 3815, confirming the Final Assessment Roll for Utility Local Improvement District No. 142 and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried 5-1. No—Larsen. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3816, an Ordinance of the City of Pasco, Washington, amending the zoning classification of certain real property located within Gerry's Addition and Pettit's Addition from C-1 (Retail Business) to R-1 (Low Density Residential) and R-2 (Medium Density Residential). MOTION: Mr. Watkins moved to adopt Ordinance No. 3816, rezoning various parcels around Clark Street from 5th Avenue to 10th Avenue from C-I to R-I and R-2 as 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 16, 2007 recommended by the Planning'Commission and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Ordinance No.3817, an Ordinance of the City of Pasco, Washington, amending the zoning classification of certain real property located in the Sprouse Addition from "O" (Office) to C-1 (Retail Business) with a Concomitant Agreement. MOTION: Mr. Watkins moved to adopt Ordinance No. 3817, granting a rezone for 1712 and 1704 North 20th Avenue from "O" to C-I with a concomitant agreement as recommended by the Planning Commission and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Ordinance No. 3818, an Ordinance of the City of Pasco,Washington, amending the zoning classification of certain real property located within Coles Estates from R-T (Residential Transition) to R-1 (Low Density Residential) with a Concomitant Agreement. MOTION: Mr. Watkins moved to adopt Ordinance No. 3818, granting a rezone for lots in Coles Estates from R-T to R-1 with a concomitant agreement as recommended by the Planning Commission and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: i Special Permit Appeal—Location of an Asphalt Batch Plant in the Central Pre-Mix Pit (11919 Harris Road) (MF#SP06-010): Mr. Crutchfield explained the process of a Closed Record Hearing. Mr. McDonald explained the background of the issue and the points of the appeal. Mr. Watkins and Maygr Olson declared they received emails about this issue but believed they could be'impartial. There was no objection from Council or the audience to their participation. MAYOR OLSON DECLARED THE CLOSED RECORD HEARING OPEN TO CONSIDER THE APPEAL. Council discussed the points of the appeal. MAYOR OLSON DECLARED THE CLOSED RECORD HEARING CLOSED. MOTION: Mr. Watkins moved to adopt the findings of fact and conclusions, as contained in the staff report to the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. MOTION: Based on the findings of fact and conclusions therefrom, as adopted, Mr. Watkins moved to deny the request by Central Pre-Mix and Dale Adams to operate an asphalt batch plant at the Central Pre-Mix pit off Harris Road. Mr. Garrison seconded. Motion carried unanimously. Transportation Improvement Board (TIB) Grant for Walkways: MOTION: Mr. Watkins moved to accept the TIB Grant of$231,000 for walkways along Court Street between Roads 68 and 84. Mr. Garrison seconded. Motion carried unanimously. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 16, 2007 North 4th Avenue Corridor Enhancements—Contract for Engineering/Survey Services: MOTION: Mr. Watkins moved to authorize Amendment No. 2 to the February 22, 2006 Professional Services Agreement with CH2M Hill, authorizing additional engineering services, not to exceed $49,700, for North 4th Avenue enhancements and, further, authorize the Mayor to sign the Agreement. Mr. Garrison seconded. Motion carried 4-2. No—Larsen, Hoffmann. Aerial Photography: MOTION: Mr. Watkins moved to authorize participation in the Franklin County aerial photography project at 6 inch pixel imaging level for a total cost of$30,546 and direct that the expenditure be included in the 2007 supplemental budget. Mr. Garrison seconded. Motion carried 5-1. No—Larsen. Award 2007 West Pasco Sewer Extension—Phase I, Project No. 07-1-01: MOTION: Mr. Watkins moved to award the low bid excluding Alternate A for the 2007 West Pasco Sewer Extension Phase 1, Project No. 07-1-01 to Goodman &Mehlenbacher, Ent., Inc., in the amount of$1,124,725.94 including sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded. Motion carried unanimously. Special Permit—RV Park in a C-1 Zone (2600 Block of E. Lewis) (MF#SP06-017): MOTION: Mr. Watkins moved to approve the special permit for the location of an RV Park in the 2600 block of East Lewis Street as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. Special Permit— Stadium Sun Shade Structure in Excess of 35 feet (Dust Devil's Stadium) (MF#SP06-019): MOTION: Ms. Francik moved to approve the special permit for the construction of a shade structure at the Dust Devil's Stadium, as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. Special Permit—Location of a Day Care at 403 N. 20th Avenue (MF#SP06-016): MOTION: Mr. Watkins moved to approve the special permit for a Commercial Day Care at 403 N. 20th Avenue, as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. 2007 Professional Services Agreement with the Pasco Downtown Development Association: MOTION: Mr. Watkins moved to approve the 2007 Agreement with the Pasco Downtown Development Association to provide professional services and, further, authorize the City Manager to sign the agreement. Mr. Garrison seconded. Motion carried unanimously. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:44 p.m. for approximately 15 minutes to establish the sales price or lease amount of real estate. Mayor Olson called the meeting back to order at 8:56 p.m. 4 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 16, 2007 ADJOURNMENT: There being no further business, the meeting was adjourned at 8:56 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 5th day of February, 2007. 5 MINUTES SPECIAL MEETING PASCO CITY COUNCIL JANUARY 29, 2007 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; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; Doug Bramlette, City Engineer; Denis Austin, Police Chief, and Greg Garcia,Fire Chief. The meeting was opened with the Pledge of Allegiance. BUSINESS ITEMS: Award of Bid,Baseball Stadium Shade Structure: Council and Staff discussed the issue. MOTION: Mr. Garrison moved to award the bid for the Pasco Baseball Stadium Improvements, Alternate 4,to Apollo, Inc., in the amount of$1,100,000, plus applicable Washington State sales tax and, further, authorize the Mayor to sign the construction contract. Mr. Jackson seconded. Motion carried 4-3. No—Larsen, Watkins,Hoffmann. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:28 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 5th day of February, 2007. 1 3(a).2 CITY OF PASCO Council Meeting of: February 5, 2007 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the un&thety ify under penalty of perjury that the materials have been furnished,the services remed as described herein and that the claim is a just,due and unpaid obligation a e a to authenticate an d certify to said cl I Gary Cr ut field,'Irlty V nager James W. C ' se, Finance Manager We,the ndersigned 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 Check No.s 158703 through 158772 are approved for payment in the amount of$550,216.27 on this 5th day of February, 2007. Councilmember Councilmember SUMMARY OF CLAIMSNVIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 2,448.69 Judicial 1,297.38 Executive 7,359.44 Police 150,066.46 Fire 5,201.52 Administration&Community Services 32,837.46 Community Development 2,516.79 Engineering 11,716.14 Non-Departmental 4,690.87 Library 1,049.35 TOTAL GENERAL FUND: 219,184.10 STREET 119,723.95 C. D. BLOCK GRANT 0.00 KING COMMUNITY CENTER 1,043.72 AMBULANCE SERVICE 1,594.52 CEMETERY 2,233.13 ATHLETIC PROGRAMS 0.00 SENIOR CENTER 2,277.56 MULTI MODAL FACILITY 0.00 RIVERSHORE TRAIL& MARINA MAIN 120.21 LITTER CONTROL 0.00 REVOLVING ABATEMENT 0.00 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 49.60 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 0.00 ME-TRO DRUG FORFEITURE FUND 0.00 GENERAL CONSTRUCTION 43,150.11 WATER/SEW ER 159,282.49 EQUIPMENT RENTAL-OPERATING 943.68 EQUIPMENT RENTAL- REPLACEMENT Q.00 MEDICAUDENTAL INSURANCE 198.25 CENTRAL STORES 107.45 FIRE PENSIONS 0.00 PAYROLL CLEARING 0.00 PUBLIC FACILITIES DIST 307.50 GRAND TOTAL ALL FUNDS: $ 550,216.27 2006 EXPENSES 3(b).1 CITY OF PASCO Council Meeting of: February 5,2007 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the Lainstth ertify under penalty of perjury that the materials have been furnished,the services bor pe ormed as described herein and that the claim is a just,due and unpaid obligatio nd at we are authorized to auth enticate and certi to said c i Gary Cr tch d, Citllana#r James W. Vase, Finance Manager We,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 4675,4679 and 4686 in the amount of$182,139.58, have been authorized;that Check No.s 158686 through 158702 are approved for payment in the amount of$52,443.10,and check No.s 158773 through 158946 in the amount of$687,340.10;for a combined total of$921,922.78 on this 5th day of February,2007. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 0.00 Judicial 3,387.60 Executive 112.81 Police 266,163.97 Fire 16,158.42 Administration&Community Services 28,869.23 Community Development 38,665.56 Engineering 411.92 Non-Departmental 47,880.74 Library 101,023.05 TOTAL GENERAL FUND: 502,673.30 STREET 36.02 C. D. BLOCK GRANT 5,919.87 KING COMMUNITY CENTER 1,749.06 AMBULANCE SERVICE 27,818.30 CEMETERY 1,303.35 ATHLETIC PROGRAMS 335.42 SENIOR CENTER 3,292.00 MULTI MODAL FACILITY 1,443.30 SPECIAL ASSESSMNT LODGING 12,338.27 LITTER CONTROL 0.00 REVOLVING ABATEMENT 446.00 PARKS FUND 0.00 TRAC DEVELOPMENT 25,000.00 STADIUM/CONVENTION CENTER 6,020.92 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 6,115.65 METRO DRUG FORFEITURE FUND 999.29 GENERAL CONSTRUCTION 0.00 WATER/SEW ER 25,575.94 EQUIPMENT RENTAL-OPERATING 11,720.98 PUBLIC FACILITIES DIST 26,229.29 MEDICAUDENTAL INSURANCE 184,044.58 CENTRAL STORES 745.38 FIRE PENSIONS 7,752.99 PAYROLL CLEARING 70,362.87 LID CONSTRUCTION 0.00 GRAND TOTAL ALL FUNDS: $ 921,922.78 2007 EXPENSES 3(b).2 CITY OF PASCO Council Meeting of: Payroll Approval February 5,2007 The City Council City of Pasco Franklin County,Washington The followi a summary of payroll claims against the City of Pasco for the month of January 2007 w is are pr erewith for your review and approval. t d� Gary . Cr chfield, City Hager James W ase, Financial Services Manager We,the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's.35754 through 35839 and EFT deposit No's.30014574 through 30015289 and City contributions in the aggregate amount of$1,432,656.80 are approved for payment on this 5th day of February 2007. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 6,109.45 Judicial 55,880.24 Executive 40,512.36 Police 396,587.52 Fire 232,626.35 Administrative&Community Services 183,602.75 Community Development 47,712.26 Engineering 73,468.25 TOTAL GENERAL FUND 1,036,499.18. CITY STREET 34,001.98 BLOCK GRANT 6,435.35 MARTIN LUTHER KING CENTER 5,356.58 AMBULANCE SERVICE FUND 100,872.34 CEMETERY 7,809.70 ATHLETIC FUND 2,849.80 SENIOR CENTER 9,901.28 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 183.37 BOAT BASIN 82.75 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 6,881.21 WATER/SEWER 200,865.70 EQUIPMENT RENTAL-OPERATING 20,917.56 GRAND TOTAL ALL FUNDS $ 1,432,656.80 Payroll Summary Net Payroll 801,741.11 Employee Deductions 350,062.18 Gross Payroll 1,151,803.29 City of Pasco Contributions 280,853.51 Total Payroll $ 1,432,656.80 3(b).3 AGENDA REPORT FOR: City Council January 17, 2007 TO: Gary Crutchfi 1 Manager Workshop Mtg.: 1/29/07 Regular Mtg.: 2/5/07 FROM: Stan Strebel, strative and Community Services ctor SUBJECT: Property Line Adjustment I. REFERENCE(S): A. Record of Survey B. Quit Claim Deed II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/29: Discussion 2/5: MOTION: I move to authorize the City Manager to execute the Quit Claim Deed adjusting the boundary for property on Beech Ave. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) Last month Council authorized the sale of two properties on Beech Ave. One parcel includes the relocated Cemetery house. The other parcel is an adjacent vacant lot located north of the Cemetery house. B) During the course of preparing the vacant parcel for sale, it was discovered that the home to the north of the parcel was encroaching on the City lot by 2 feet and the fence by 15 feet. (In fact, staff discovered that the next 3 parcels to the north each have similar incorrect fence lines established.) C) Staff determined that the most reasonable way to solve the encroachment would be to have the property line adjusted to include the existing home plus the minimum side yard setback for the zone (2 feet plus 5 feet) for the encroaching property. The City parcel will lose only approximately 7 feet as opposed to the previous 15 foot encroachment. The City parcel will still be buildable. D) A boundary line adjustment survey has been prepared for recording with the County. Staff has prepared a Quit Claim Deed to transfer this property to the adjacent property owner, thus removing any cloud on the owner's title. The fence has been relocated to the new property line. F) Staff recommends the Council approve the execution of the deed. 3(c) 4DELIA RELUNt) Z!) uNVnY IvU . $ W.Y4, N.W.Y4, SEC. 28, T.9 N., R.30 E., W.M. — 10 's 1 1 CITY OF PASCO, s zo FRANKLIN COUNTY, WASHINGTON II 8 N 21 y w = SI s Q 7 0 C'4 k) 22 v�6 E. LE S S? ..t 2 U N Z 1.1 'C a� E. LTON S z m G z 23 \ BUTTE ST o w 5 E. "A' ST. m 24 • 123.80' 20' ----- ------- I N'aATrOy o i 4 ,-s' o M z5 �� VICINITY SKETCH NOT TO SCALE ^NI-----� ------ S- N P PR�EL # 3 z tO 26 i I 123.86 3 I _ ♦2 3�� 27 ;o co R�F� #, 1 r � 28 '^ 10'R 0-W Lo z AC TED BY CITY = OF PASCO :D 0,) o FOUND 5/8' BENT ORDINANCE #3402 V) �o C-0 � VEBAR 0.2'S, BY 0.2'W. FOUND CASED MONUMENT ^ aJ O U' S89'Sii 31'E BRASS CAP 0.4* 30.00 123.91 r o 173.x1' " K LEGEN D Q Q Z Q O - SET 5�8' REBAR W/ YELLOW PLASTIC CAP 4 y _ MARKED STRATTON 14120' -------------- -- ------------- Nt. V0 • - FOUND AS INDICATED B.O.B. = BASIS OF BEARING 40 O�pG G o. (NS)o - NOT FOUND OR SET 0" QP�` 'O. 9 = FOUND CASED MONUMENT - OLD BOUNDARY LINES -mac - FENCE DESCRIPTION PARCEL 11 LOT 1 AND THE SOUTH 23 FEET OF LOT 2, BLOCK 4. A.M. WEHE'S ADDITION. TOGETHER WITH THE NORTH HALF OF THE ADJOINING PORTION OF SCALE 1' = 40' QUIT CLAIM DEED The GRANTORS, the City of Pasco, Washington, a municipal corporation of the State of Washington, for good and valuable consideration, conveys and quit claims to VICTOR O. GUTIERREZ, the following described real estate, situated in the County of Franklin, State of Washington: The north 7.26 feet of the south 11 feet of Lot 5, Block 4, A. M. Wehe's First Addition. TOGETHER WITH AND SUBJECT TO EASEMENTS, COVENANTS, RESERVATIONS, AND RESTRICTIONS OF RECORD AND IN VIEW. Dated this day of , 2007. City of Pasco Gary Crutchfield City Manager State of Washington) ) :ss County of Franklin ) On this day of 2007, before me, the undersigned Notary Public in and for said County and State, personally appeared Gary Crutchfield, known to me to be the City Manager of the City of Pasco, whose name is subscribed to the foregoing instrument, who acknowledged to me that he signed same as his free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS MY SEAL Notary Public Residing at: Commission Expires: AGENDA REPORT NO. 03 FOR: City Council January 19,2007 TO: Gary Crutch fi Manager Workshop: January 29,2007 Regular: February 5, 2007 FROM: Robert J. Alberts,Public Works Director SUBJECT: Dedication of Right-of-Way of Industrial Way I. REFERENCE(S): 1. Statutory Warranty Deed 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 01/29/07: Discussion 02/05107: MOTION: I move to approve the Dedication from Kimo & Tondi L. Vonoelhoffen and acceptance of Right-of-Way on Industrial Way. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Staff has prepared a Statutory Warranty Deed dedicating Right-of-Way for Industrial Way to the City. The Dedication is from the property owners Kimo & Tondi L. Vonoelhoffen. In 2006, Industrial Way was extended south to Kartchner Street. The improvement provides a frontage road parallel to SR 395 and was constructed in accordance with applicable city standards. Staff recommends formal acceptance of the Right-of-Way. V. ADMINISTRATIVE ROUTING Project File 3(d) After Recording, Return To: City of Pasco, Washington Engineering Division 525 North 3" Pasco, WA 99301 STATUTARY WARRANTY DEED Tax Parcel No. 118-322-039 THE GRANTOR(S),Kimo&Tondi L Vonoelhoffen,husband and wife,for good and valuable consideration, the receipt of which is hereby acknowledged, dedicates, conveys and warrants to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, the following described real estate, for the public use, as a public right-of-way, including the installation of utilities, all interest in the land described in Exhibit 1, attached hereto and by this reference is made a part thereof, situated in the County of Franklin, State of Washington. TOGETHER WITH AND SUBJECT TO EASEMENTS, COVENANTS, RESERVATIONS, AND RESTRICTIONS APPARENT OR OF RECORD. DATED th,ncjavof 6�1-z._� 2007. By: K,'-mo,Vonoelhof elYj Y: �. XY Tondi L Vonoelhoffen.- Dedication Deed-Vonoelhoffen-Industrial Way 010907.doc STATE OF WASHINGTON ) ss. County of ) On this r -day of ,2007, before me,the undersigned, duly commissioned and swo rsonally a eared Kimo and Tondi Vonoelhoffen, to me known to be individual(s) described above and who executed the within and foregoing instrument as owner(s)of record,and acknowledged to me that he/she/they signed the same and his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the saiAN In and for t e State of Washington ond o- " ,• ' a 3 ley Commission Expires: r� IW • ACCEPTANCE OF DEDICATION The City Council of the City of Pasco, Washington,accepted the conveyance and dedication made out in this Dedication Deed at their regular meeting on ,2007,as reflected in the official minutes of the City Council. Accepted by the City of Pasco: By: Print Name: Debra L Clark Title: City Clerk Date: Dedication Deed-Vonoelhoffen-Industrial Way 010907.doc Exhibit 1 Description of Right-of-Way Dedication to the City of Pasco by Kimo & Tondi L Vonoelhoffen for the southerly extension of Industrial Way. A strip of land, 80 feet in width, being a portion of the Northwest quarter of Section 17, Township 9 North, Range 30 East, W.M., City of Pasco, Franklin County, Washington, said strip of land lies 40 feet either side of the following described centerline: Commencing at the intersection of Jason Avenue and Hillsboro Street as shown on the plat of Kartchner Industrial Park as on record with Franklin County in Volume D of Plats, Page 91; thence North 1°07'53" East along the centerline of Jason Avenue 907.21 feet to a cased monument at the beginning of a curve to the left on said Jason Avenue; thence continuing North 1°7'53"East 352.67 feet to a point on the Northerly boundary of said plat, said point being the true beginning of said centerline and said strip of land; Thence continuing North 1°7'53" East 1425.60 feet to a point on the northerly section line of said Section 17, and point being the end of said centerline and strip of land. Together with and subject to easements, covenants, reservations and restrictions of record and in view. Dedication Deed-Vonoelhoffen-Industrial Way 010907.doc f \l � � 11 s.� oo •` ,� K R T If I w OAt \ KDU8T�I1AL PAEIS �_ l VICINITY MAP Item:Statutory Warranty Deed Industrial Way Right-of-Way AGENDA REPORT FOR: City Council January 24, 2007 TO: Gary Crutch Manager Workshop Mtg.: 1/29/07 Regular Mtg.: 2/5/07 FROM Gregory L. Ga cia, Fire Chief SUBJECT: Washington State Rating Bureau I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 1/29 Discussion 2/5 MOTION: I move to authorize the Mayor to request the Washington State Rating Bureau re-grade the City of Pasco in 2007 for fire insurance purposes. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The Washington State Surveying and Rating Bureau (WSRB) has been in operation since 1906. The WSRB is funded by an annual assessment from their subscribers, (insurance companies) based on premiums written in Washington State. B) The insurance classification rating is one of the factors used in the development of fire insurance rates, as it essentially indicates the relative capability of the local fire department to avoid and suppress fire-related damage claims. V. DISCUSSION: A) The rating schedule uses a grade range of Class 1 to Class 10, Class 1 being the best and Class 10 the worst; there is no fire department in the State of Washington that is rated Class 1. The last time the WSRB graded the City of Pasco was in 1992 and the City received a very weak grade of"Class 5" (which is in the middle of the grading schedule). Richland is a Class "Y' and Kennewick is a Class "4" B) A consultant employed by the department last year reviewed the same information the WSRB does and found that the City has dramatically improved its fire service capabilities and water system since 1992. The consultant indicated that the City could possibly improve its rating to a"Class 4." C) Staff recommends the WSRB be invited to re-grade Pasco in April 2007. 3(e) AGENDA REPORT TO: City Council February 1, 2007 FROM: Gary Crutch e 41anager Regular Mtg.: 2/5/07 SUBJECT: School Sewers I. REFERENCE(S): I. Letter from PSD Superintendent to City Manager dated 1/2/07 2. Map of subject school sites and sewer system 3. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/5 MOTION: I move to approve Resolution Noy conditionally authorizing connection of two public schools outside the city to the municipal sewer system. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The Pasco School District (PSD) operates two schools within the Pasco urban area but outside the city's municipal boundaries. Although McLaughlin Middle School (on Road 88) and Ruth Livingston Elementary (on Road 84) are served by the city's water system, both must use on-site septic tanks for sewage disposal (both were constructed at least 20 years ago, long before municipal sewer was even close to the properties). As both schools experience increased student load (due to the Districts' obligation to absorb student enrollment associated with the community's extraordinary residential growth), the on-site septic systems present a constraint for these two school locations. Without sewer service,the District would have to purchase additional land and reconstruct/expand the on-site septic system(at each of the two schools). B) The city's long standing policy regarding connection to the municipal sewer system has been to restrict such connections to only those properties within the city boundary. The fundamental purpose of the policy, of course, is to assure that such services are available to serve properties that will enhance the city's tax base, properly management development and to encourage incorporation of lands within the designated urban growth area. The only exception to the policy has been the rare circumstance when an unincorporated homeowner septic system fails and the property is adjacent to city sewer line. V. DISCUSSION: A) Although the city's sewer connection policy is sound,the circumstances faced by the District cry for an exception to the rule. The District is a tax supported entity obligated to serve the increasing population of the Pasco urban area. The city's sewer system has been extended over the past decade to points within a reasonable distance of each of the two school sites. If the District were to purchase additional land and reconstruct the on-site septic systems, the investments in those on-site systems would prove wasted within the next several years, as sewer is likely to be extended past the school sites in that timeframe. The school sites themselves are publicly owned and therefore not on the tax roll; equally important, the improvements are paid by taxpayers, most of whom are Pasco citizens. Thus, connection to the city sewer system would appear to be a much more cost effective use of limited taxpayer dollars. The necessary exception to accommodate that option, however, should be very carefully and narrowly carved so as not to undermine the general rule of the policy. A draft resolution expressing the exception is offered for Council consideration as reference number 3. B) The most practical solution is for the District to extend a shallow pressure line to the city's existing sewer line at Road 88 and Court Street for McLaughlin and at Road 84 and Court Street for Ruth Livingston (the Road 84 city line is scheduled for construction in 2007). However, the County will require franchise approval to authorize installation of the pressure line within the County right-of-way, which would consume about four months if the District were to acquire it. It may be more practical,however, for the District to install the line under the terms of the city's existing franchise agreement with Franklin County, assuming an appropriate agreement between the District and City can be defined. 3(f) a cb�l 41 Pasco School District # 1 C. L. Booth Education Service Center• 1215 W. Lewis Street• Pasco, Washington 99301 ESTABLISHED INS Saundra L. Hill, Superintendent • (509) 546-2800 • FAX (509) 543-6781 PASCO CITY a--IALL RECEIVED January 2, 2007 JAN 0 8 2007 Gary Crutchfield CITY MANAGER'S City Manager OFFICE City of Pasco 525 North 3rd Street Pasco, Washington 99301 V Dear M . rutdhfield: Pasco School District requests to connect McLoughlin Middle School and Livingston Elementary School to the City's sewer system. The district must increase enrollment at each school to accommodate new students brought by the residential growth in the community. The current septic systems' capacities are inadequate to handle the additional students that will need to be housed at the schools before the district can build an additional middle or elementary school. The district's debt capacity, based on assessed property value, will not be sufficieni to rung bond until about 2010. Our community has long benefited from the healthy partnership between the school district and the City. I look forward to working with you to resolve this issue. Sincerely, /auncdra�6 A L. Hill Sup—.rii;te:�dv;i: Equal Opportunity Employer c- 7s -.p 2 OR Iv r < z It" Q CO ' ct c :E VR .S i c Ar!UR *: vs HARRIS RD __l , , a 1111A A_QLLEWARD 66�6 < w z WATERS GE DR 0 Q z I _RODEO OR v 0 DR' DR LW 4' v -ESSAA NEW HIGH SCHOOL cy) 0 LE___R RnAN rT I-- P -DRI� 00 .1 DEL.-Rin cLOUGHLIN MIDDLE SCHOOL Z I 111 IT ARGENT RD NT STAR L FL Aj 5 : L17 DRADIE-S] L.AOf_RQ_ j RnIDLER RD �/I.GSTON RD FRANKLIN R FRANKLIN Rl FRANKLIN-E D I HAR RIC. RD RICHARQ%ON-8; AWA&RDSON ELU17ERCREEK CIELW.LE- LL COURT ST w I RD WERNM RD MERRCK�_wtupEL F lll� RUTH LIVINGSTON ELEMENTARY SCHOOL EST CT =EK CT YAaMA RWER c PEARL ST u c 5 cl DO c C (0 EXISTING SEWER LINES 0 1 —4 AIGAIE)ST < 0 Of 0 BROW" PROPOSED SEWER LINE TO 0< BE CONSTRUCTED IN 20 7 T tr T CITY LIMITS a A LOOP o • HENRY-5 EXISTING SEWER LINES isyLvi RESOLUTION NO._,3005 A RESOLUTION conditionally authorizing connection of two public schools outside the city to the municipal sewer system. WHEREAS, the city has experienced extraordinary residential growth over the past five years and the Pasco School District is obligated under state law to absorb the enrollment growth in the delivery of public educational services; and WHEREAS, the Pasco School District finds it necessary to add student enrollment capacity at two school sites (McLaughlin Middle School and Ruth Livingston Elementary) which are presently situated outside the boundaries of the City of Pasco but within its Urban Growth Area; and WHEREAS, the Pasco School District desires to connect the subject schools to the city sewer system now rather than spend additional public funds on site expansion and reconstruction of the on-site septic systems for the subject schools; and WHEREAS, the City of Pasco has previously received approval from Franklin County, under the terms of Franchise Agreement No. 2005-558, two construct and maintain sewer utilities within county rights-of-way, but the Pasco School District does not currently have such approval from the County; and WHEREAS, the City Council finds it necessary and appropriate, in consideration of the mutual interests of the taxpayers of the city and District, to conditionally grant an exception from its long-standing policy that prohibits connection of properties outside the city to the municipal sewer system; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1: The City Council hereby authorizes the Pasco School District to connect the McLaughlin Middle School and Ruth Livingston Elementary School to the municipal sewer system, provided the following conditions are fulfilled in relation to such connections: • The sewer connections shall be in the form of a private temporary sewer pipeline connected to a city sewer line at a point within the city's boundary approved by the city engineer, at the sole expense of the Pasco School District; • The District shall pay all standard fees associated with connection to the municipal sewer system, at the time of the temporary connection, but shall not be required to pay an additional fee when reconnecting after the city sewer system is adjacent to the school property; • At such future time as the city sewer system is adjacent the school property, the District shall install at its cost a standard connection to the adjacent city sewer line and disconnect the temporary pipeline. Section 2. The Pasco City Manager is hereby authorized to enter into an agreement with the Pasco School District Superintendent whereby the District's temporary line may be installed within County right-of-way under the authority of the city's franchise agreement with Franklin County, provided such agreement does not transfer responsibility for the temporary line from the District to the city. Passed by the City Council of the City of Pasco this day of 72007. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney Pasco School District—Municipal Sewer System Page 2 AGENDA REPORT NO. 12 FOR: City Council Date: January 23, 2007 TO: Gary Crutchfi Manager Workshop: 1/29/07 Regular: 2/5/07 FROM: Richard J. Smi , Director Community & conomic Development SUBJECT: Amendment to Consortium Agreement for Kennewick, Pasco and Richland Under the HOME Program I. REFERENCE(S): A. Resolution B. Amendment No. 1 to Cooperative Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/29/07: DISCUSSION 2/5/07 MOTION: I move to authorize Resolution No.� amending the HOME 2005-2007 Cooperative Agreement between the Cities of Pasco, Kennewick and Richland and, further authorize the Mayor to sign the Agreement. III. FISCAL IMPACT Pasco's share of Federal HOME funds in 2006 was $198,304. IV. HISTORY AND FACTS BRIEF: A. Pasco entered into a HOME consortium agreement with Richland and Kennewick in 1995, making the City eligible for federal HOME funds. The populations of the individual cities alone did not meet the U.S. Department of Housing and Urban Development (HUD) minimum. By joining together in a consortium, funds are available to the three cities. B. The original consortium agreement ran from 1995 through 1998. The cities agreed to enter into a new three-year agreement, as authorized by HUD, to continue to be eligible for HOME funding through 2001. Thereafter, the agreement was modified to extend the agreement to the year 2001-2004 and then 2005-2007. The City, now uses HOME funds to rehabilitate homes in the vicinity of Longfellow School and the Franklin County Museum. V. DISCUSSION: The changes to the Agreement are as follows: A. The Agreement will automatically renew every three years unless one of the Cities objects. B. The Agreement notes the HUD mandated timing for expenditure of funds. If for some reason a consortium member cannot meet these time requirements, a portion of their funds, with their permission, could be used in another community rather than be returned to HUD. 3(g) RESOLUTION NO. OO A RESOLUTION AUTHORIZING AN AMENDMENT TO THE COOPERATIVE AGREEMENT TO FORM THE KENNEWICK, PASCO, AND RICHLAND CONSORTIUM UNDER THE NATIONAL AFFORDABLE HOUSING ACT AND EXTENDING THE AGREEMENT FROM 2005-2007. WHEREAS, the Cities of Kennewick, Pasco and Richland entered into a cooperative agreement to form a consortium to increase the local supply of decent affordable housing to low income residents as authorized by Public Law 101-625, the National Affordable Housing Act of 1990 (NAHA); WHEREAS, the members of the Consortium extended the agreement three times for an additional three years each from 1999-2001, 2001-2004, and 2005-2007, NOW THEREORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the Mayor is authorized to execute an Amendment to the 2005-2007 Cooperative Agreement with the Cities of Kennewick and Richland to accomplish the objectives herein stated. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco this day of , 2007. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney A RESOLUTION AUTHORIZING AN AMENDMENT TO THE COOPERATIVE AGREEMENT TO FORM THE KENNEWICK, PASCO, AND RICHLAND CONSORTIUM UNDER THE NATIONAL AFFORDABLE HOUSING ACT AND EXTENDING THE AGREEMENT FROM 2005-2007. WHEREAS, the Cities of Kennewick, Pasco and Richland entered into a cooperative agreement to form a consortium to increase the local supply of decent affordable housing to low income residents as authorized by Public Law 101-625, the National Affordable Housing Act of 1990 (NAHA); WHEREAS, the members of the Consortium extended the agreement three times for an additional three years each from 1999-2001, 2001-2004, and 2005-2007, NOW THEREORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the Mayor is authorized to execute an Amendment to the 2005-2007 Cooperative Agreement with the Cities of Kennewick and Richland to accomplish the objectives herein stated. BE IT FURTHER RESOLVED that this Resolution sball take effect immediately. PASSED by the,City Council of the City of Pasco this day of ,2007. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney This automatic renewal provision requires all Members of the Consortium to formally adopt by Council resolution any amendments to the agreement that incorporate future changes necessary to meet the requirements for consortia agreements in subsequent qualification periods. SECTION 4: PROGRAM ADMINISTRATION f. Any HOME funds set aside for a Member and not committed to a project within 24 months, or expended within 48 months of the award of HOME funds to the Tri-Cities HOME Consortium, will be made available to projects of the remaining members, with the written consent of reallocation by the affected Member. Monies not spent after 48 months must be expended during a 12 month time period. Members are aware that after 24 months if funds are not committed to a project, or after 60 months if 1 funds have not been spent on a project, that HUD will recapture the funds. Such a recapture will reduce the availability of funds for that individual member by the amount determined by HUD to be in non-compliance. Upon execution of this document by the entities involved and approval by HUD, this document shall be recorded with the Benton and Franklin County Auditors for purposes of meeting the recording requirements of RCW 39.34 Interlocal Cooperation Act. The cost of said recording shall be paid from administrative funds of the HOME program. COOPERATIVE AGREEMENT SIGNATURE PAGE THE TRI-CITIES HOME CONSORTIUM Bob Hammond, City of Kennewick Date Gary Crutchfield, City of Pasco Date John C. Darrington, City of Richland Date 2 AGENDA REPORT NO.4 FOR: City Council January 23, 2007 TO: Gary Crutchfie , i Manager Regular Mtg: February 5, 2007 Robert J. Alb lic Works Director FROM: Doug Bramlette, City Engineer A6 SUBJECT: Accept Road 77 Sewer Line & Water Line Project, Project# 05-1-17 I. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/5: MOTION: I move to approve Resolution No. accepting the work performed by Watts Construction, Inc. under contract for the Road 77 Sewer Line&Water Line Project, Project#05-1-17. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: On February 21, 2006, the City Council awarded the Road 77 Sewer Line& Water Line Project, Project #05-1-17 to Watts Construction, Inc. in the amount of $278,281.45. The final cost of the project was $251,641.48. The quantities were reduced and a utility gas line crossing was eliminated which resulted in a cost savings of approximately$27,000.00. The work is now complete and staff recommends acceptance of the work. V. ADMINISTRATIVE ROUTING Project File 3(h) RESOLUTION NO. 01 A RESOLUTION ACCEPTING WORK PERFORMED BY WATTS CONSTRUCTION, INC. UNDER CONTRACT FOR THE ROAD 77 SEWER LINE & WATER LINE PROJECT, PROJECT#05-1-17. WHEREAS, the work performed by WATTS CONSTRUCTION, INC., under contract for the Road 77 Sewer Line & Water Line Project, Project #05-1-17, has been examined by the engineering division and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is the engineering division's recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1: That the City Council concurs with the engineering division's recommendation and thereby accepts the work performed by Watts Construction, Inc. under contract for the Road 77 Sewer Line &Water Line Project, Project#05-1-17, as being completed in apparent conformance with the project specifications and drawings, and Section 2: That the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Section 3: 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 5th day of February, 2007. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT FOR: City Council Date: January 24, 2007 TO: Gary Crutchfi ty anager W/Shop Mtg.: 1/29/07 Reg. Mtg.: 2/5/07 FROM: Stan Strebel, Ad tive and Community Services Director SUBJECT: Cemetery Fee Adjustments I. REFERENCE(S): A. Proposed Ordinance. B. Cemetery Price Sheet. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/29: Discussion: 2/5: MOTION: I move to adopt Ordinance No. amending Section 3.07.060 "Cemetery" of the Pasco Municipal Code regarding base fees and charges for Cemetery services and further, to authorize publication by summary only. III. FISCAL IMPACT: Cemetery Fund. IV. HISTORY AND FACTS BRIEF; A) From time to time we find it necessary to recommend fee increases at the Cemetery in order to continue to maintain funding for the facility and to stay abreast of market conditions. City Council last adopted revised Cemetery fees in March of 2004. Market adjustments to certain other fees (not itemized in the City Code) are proposed to be made by the City Manager (attached) pursuant to authorization granted in the code. B) Based on market conditions and the cost of purchase of certain retail items (liners) staff feels that it is necessary to adjust base Cemetery fees for lots, interments and disinterments at this time. Even with the proposed adjustments, City View prices will still be below the prices of competitors in the area; Sunset Memorial Gardens and Columbia Memorial Gardens. Council's approval of the proposed ordinance will effectuate the proposed adjustments to base fees; the attached Cemetery price sheet will be implemented, assuming ordinance approval, for other price changes which are set in relation to the base fees. 8(a) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, amending Section 3.07.060 of the Pasco Municipal Code regarding Cemetery Fees. WHEREAS, The City Council of the City of Pasco, Washington, has determined that certain amendments regarding Cemetery Fees are necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. That Section 3.07.060 of the Pasco Municipal Code is hereby amended to read as follows: 3.07.060 CEMETERY: Base fees and charges. (Other fees and charges set based on market conditions.) A) Charge for lots exclusive of Fee/Charge Reference endowment care 1) Baby $2200 Ord. 3660 230.00 2) Adult and Juvenile $590.00 Ord. 3660 610.00 3) Urn $300.00 Ord. 3660 315.00 4) Urn (on existing grave) V60.00 Ord. 3660 160.00 B) Charge for lots exclusive of endowment care 1), Niche with urn $880.00 Ord. 3660 C) Charges for Burials, Inurnment 1) Baby $220.00 Ord. 3660 400.00 2) Adult and Juvenile $475.00 Ord. 3660 650.00 3) Urn (burial) $460:00 Ord. 3660 250.00 4) Niche (inurnment) $160-00 Ord. 3660 250.00 D) Charges for Disinterment: 1) Baby $2-20.00 Ord. 3660 400.00 2) Adult and Juvenile $476.00 Ord. 3660 650.00 3) Urn $i5o.90 Ord. 3660 250.00 4) Niche $460.90 Ord. 3660 250.00 E) Charges for Endowment Care: 30% of cost Ord. 3660 (Ord. 3660, 2004; Ord. 3543, 2002). Section 2. This ordinance shall take full force and effect on March 1, 2007, after its approval,passage and publication as required by law. PASSED by the City Council of the City of Pasco at its regular meeting this day of ,2007. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney City View Cemetery Base Rates adopted ,2007 as per Ordinance Effective New Section/Flat Monuments Adult Urn Lot $380.00 $610.00 Lot $350.00 $370.00 Endowment Care 1-74.-00 183.00 Endowment Care i 05.00 111.00 Open and Close 475.00 650.00 Open and Close 150.00 250.00 Liner 380.09 625.00 Liner 110.00 140.00 Tax 8.3% (liner only) 41.50 51.88 Tax 8.3% 9-14 11.62 Total $177030 $2,119.88 Total 24.13 $882.62 Urn Old Section/Upright Monument Lot $300.00 $315.00 Endowment Care 90.00 94.50 Adult Open and Close 150.00 250.00 Lot $740.09 $830.00 Liner 110.00 140.00 Endowment Care 237.00 249.00 Tax 8.3% 9-14 11.62 Open and Close 47500 650.00 Total $659.13 $811.12 Liner 300.00 625.00 Tax 8.3%(liner only) 41.50 51.88 New Section/Upright Monument Total Q',"� 43.50$2,405.88 Adult Baby Lot $740.08 $780.00 Lot $220.00 $230.00 Endowment Care 222.00 234.00 Endowment Care 66.00 69.00 Open and Close 47509 650.00 Open and Close 220.00 400.00 Liner 500.00 625.00 Liner 47508 220.00 Tax 8.3%(liner only) 41.50 51.88 Tax 8.3%(liner only) 44.20 18.26 Total Q ," 8 2 340.88 Total $695.50 $937.26 Old Section/Flat Monuments Urn Lot $330.00 $370.00 Adult Endowment Care i05.09 111.00 Lot $680.00 $715.00 Open and Close 150.00 250.00 Endowment Care 204.00 214.20 Liner 110.00 140.00 Open and Close 47580 650.00 Tax 8.3% 9-14 11.62 Liner 580.08 625.00 Total $724.13 $882.62 Tax 8.3% (liner only) 41.50 51.88 Total $4,908 59$2,256.08 Urn Add to existing grave $450.00 $160.00 Baby Endowment Care 438 48.00 Lot $220.00 $230.00 Open and Close 4159:08 250.00 Endowment Care 66.00 69.00 Liner 1-10.00 140.00 Open and Close 220.00 400.00 Tax 8.3% 9-14 11.62 Liner 175.00 220.00 Total $464.13 $609.62 Tax 8.3%(liner only) 14:20 18.26 Total $937.26 Niches - Single Setting permanent memorial Niche $880.00 Veterans Memorial $150.00 $200.00 Endowment Care 264.00 2 x 1 150.00 200.00 Inurnment 150.00 250.00 3 x 1 173-00 225.00 Inscription 170.00 4 x 1 1-85.00 240.00 Vase 66.00 5 x 1 195.00 250.00 Tax 8.3% 19.59 6 x 1 225.00 300.00 Total $1,549.59$1,649.59 - Vases Niches-Double Perma vase $75.00 Niche $1,144.00 Setting 25.00 Endowment Care 284.00 Inurnment 150.00 250.00 Vaults $750.00 $800.00 Double Inscription 270.00 Final Date 160.00 Inscriptions 2nd Inurnment 150.00 250.00 Niche front inscription (single)$170.00 Vase 66.00 Niche front inscription(double)270.00 Tax 8.3% 41.17 Niche front inscription Total Q',' 5-'r; 2 465.17 (extra wording-per letter)1.55 Niche front inscription(emblem) 65.00 Veterans Lots $530.00 $580.00 Cenotaph Inscriptions Disinterment Single inscription $215.00 Baby $220.00 $400.00 Endowment Care 20.00 Adult and Juvenile 475.00 650.00 Two line inscription 415.00 Urn 150.00 250.00 Endowment Care 30.00 Niche 1-50.00 250.00 Three line inscription 585.00 (Not including removal of liners or vaults) Endowment Care 40.00 Additional Burial Charges: Saturday and Monday through Friday before 8:00 a.m.and after 5:00 p.m. -$275.00 $350.00 Holiday or Sunday-$475.00 $600.00(&27-5-.W $350.00+$290.00 $250.00 Holiday/Sunday charge) Overtime Cost-When a service begins after 2:30 p.m.(regardless of the time scheduled) if clean-up duties require City workers beyond 5:00 p.m.,there will be an additional charge of$50.00 per hour based on costs for the caretaker and helper. AGENDA REPORT NO. 14 FOR: City Council Date: January 31, 2007 TO: Gary Crutchfi Manager Workshop: Regular: 2/5/07 FROM: Richard J. Smi , irector Community & Economic Development SUBJECT: Sale of 5th and Brown Property to Michael Davidson I. REFERENCE(S): A. Purchase 8s Sale Agreement B. Resolution Authorizing Sale II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. authorizing the sale of a city parcel of real property at 5th and Brown Streets to Michael J. Davidson and, further, authorizing the City Manager to execute all documents necessary to effect the sale. III. FISCAL IMPACT $55,000 Revenue to the City plus enhanced tax base. IV. HISTORY AND FACTS BRIEF: A. In 2003, the City subdivided a 51,492 square foot parcel fronting on N 5th Avenue between Marie and Brown Streets into two parcels. The southern parcel was sold to Michael Davidson, a local attorney, who subsequently constructed an 8,000 square foot law office and cafe on the property. B. In September, 2006 the City solicited proposals for the sale and development of the northern parcel. The minimum acceptable bid was $60,000. No bids were received which met the minimum asking price. C. A "For Sale" sign was placed on the property and offers would be considered on a rolling basis. Four purchasers expressed interest in the property. D. All interested parties were asked to submit formal proposals. Based on building size, quality of development and purchase price offer, the Davidson proposal provides the best long term return to the City (purchase price plus real estate taxes). V. DISCUSSION: A. Davidson will pay $55,000 for the property and will erect an 8,000 square foot office building within 18 months of closing. B. The Sales Agreement, very similar to the 2003 Agreement with Michael Davidson for the sale of the southerly property, stipulates that $4,000 shall be placed in an escrow guaranteeing the completion of the office within eighteen (18) months. 8(b) REAL ESTATE PURCHASE AND SALE AGREEMENT (Please read carefully before signing) Pasco, Washington January 26, 2007 Received from Michael Davidson(Buyer) the sum of$2,000 in the form of a certified check, which will be deposited with Benton-Franklin Title Company, Inc. within ten (10) days after mutual acceptance. The earnest money will be applied as a credit to Buyer on the closing of this transaction. The Property to be sold in this transaction is comprised of approximately 25,746 square feet and is shown on the map marked Exhibit"A" and by this reference is made a part:of this Agreement. Subject property is legally described as Lot 2, Short Plat 2003-05, City of Pasco,Franklin County Assessor's Parcel Number 112-152-300 records of Franklin County, Washington. 1. PURCHASE PRICE: The total price shall be $55,000 for approximately 25,746 square feet of land as shown on the map marked "Exhibit A."Purchase price shall be paid, in cash on closing, including earnest money. 2. CONTINGENCIES 'A. Prior to closing,the Seller shall mark with pins the four corners of the property. B. Prior to closing, the City of Pasco shall inspect the sidewalks surrounding the property to be sold. Any panels required to be replaced as a condition of building permit approval shall result in a reduction of the purchase price by $400.00 per panel. It is expressly agreed and understood that the purchaser shall be solely financially responsible for the replacement or repair of any sidewalks damaged during construction or anytime thereafter. C. Upon or prior to closing, the buyer shall provide a$4,000 certificate of deposit or other surety instrument satisfactory to the City Attorney to guarantee the terms and conditions of Paragraph 20. Any interest accruing to this surety instrument shall belong to the buyer. D. Closing shall occur within 90 days of mutual acceptance of this Agreement. 3. TITLE: Title to the property shall be marketable at closing. Rights, reservations, covenants, conditions and restrictions presently of record or of apparent use, easements and encroachments of record or apparent use, not materially affecting the value of the property or unduly interfering with Buyer's intended use of the property shall not cause the title to be considered unmarketable. Additionally, the property is subject to the standard policy printed exceptions of Benton-Franklin Title Company, Inc., Inc., and the encumbrances, if any, retained by Seller for security as set forth in this Agreement. Buyer accepts the property subject to all easements and encroachments of record or of apparent use, including, but not limited to, easements granted to or retained or held by public utilities or governmental entities, and subject to restrictions and reservations of the supply of water and water rights and future assessments thereof. Buyer shall - 1 - conclusively be deemed to have accepted the condition of title unless Seller receives notice of Buyer's objections within seven(7) days after preliminary commitment for title insurance is received by and made available to Buyer. 4. TITLE INSURANCE: The parties authorize the closing agent, at Seller's expense,to apply for a standard form owner's policy of title insurance to be issued by Benton-Franklin Title Company, Inc. The title insurance shall contain no exceptions other than those contained in said standard form, those referred to in this Agreement, those accepted by Buyer, and those not inconsistent with this Agreement. If title is not so insurable and cannot be made so insurable prior to closing, Buyer may elect to either waive such encumbrances or defects and proceed with the closing, or to terminate this Agreement and receive a refund of the earnest money, at which time, this Agreement shall be at an end. Buyer acknowledges that standard form title insurance does not insure the location of boundaries, and that an extended form of insurance is available at additional cost, with such additional cost to be borne by the Buyer. 5. CONVEYANCE: Title shall be conveyed by general warranty deed free of encumbrances and defects except those included in this Agreement or otherwise acceptable to Buyer. 6. PROPERTY CONDITIONS: Seller represents for Buyer's benefit that, to the Seller's best knowledge, (a) no Hazardous Material has been released on the Property; action with respeet to the release of any hazardous material affecting the-property; (b) Seller has not entered into or been subject to any.consent decree, compliance order or administrative order with respect to the Release of any Hazardous Material affecting the Property; (c) Seller has not received any demand letter, compliance, or administrative inquiry concerning the Release or Threat of Release, of any hazardous Material affecting the property; and (d) Seller has not been subject to or threatened with any government or citizen enforcement action with respect to the Release of any Hazardous Material affecting the Property. 7. CLOSING: This sale shall be closed by Benton-Franklin Title Company, Inc. within thirty (30) days after mutual acceptance. "Closing"means the date on which all documents are recorded and the sale proceeds are available for disbursement to Seller. Buyer and Seller shall deposit with closing agent all documents and monies required to complete this sale in accordance with this Agreement. 8. CLOSING COSTS AND PROBATIONS: Seller shall pay all customary and usual closing costs paid by Sellers of Real Estate in Franklin County, Washington, including title insurance premiums, excise tax, one-half of document preparation, one-half of the escrow fees, and pro-ratable items. Buyer shall pay all customary and usual closing costs paid by Buyers of Real Estate in Franklin County, Washington, including recording fees, one-half of document preparation, one-half of escrow fees, sales or use tax, and pro- ratable items. 9. POSSESSION: Buyer shall be entitled to possession on closing. 10. ASSIGNMENT: Buyer's rights under this Agreement may not be assigned by Buyer without Seller's prior written consent, which consent shall not be unreasonably withheld. - 2 - 11. BROKERAGE COMMISSIONS: Buyer and Seller each represent and warrant that they have incurred no liabilities or claims for brokerage commissions or finder's fees in connection with the transaction described in this Agreement. Buyer and Seller agree to indemnify and hold each other harmless from all such liabilities or claims (including, without limitation, attorneys' fees). 12. FIRPTA COMPLIANCE: This sale may be subject to the withholding and reporting requirements of the Foreign Investment in Real Property Tax Act (FIRPTA), unless Seller furnishes to Buyer an affidavit of non-foreign status. Seller and Buyer agree to comply with FIRPTA, if applicable. 13. NOTICES: Unless otherwise specified in this Agreement, any and all notices required to be given under this Agreement must be given in writing. Notices to Seller must be signed by the Buyer and shall be deemed to be given when actually received by or at the address of the Seller. Notices to Buyer must be signed by Seller and shall be deemed to be given when actually received by or at the address of the Buyer. 14. COMPUTATION OF TIME: Unless otherwise expressly specified herein, any period of time specified in this Agreement shall expire at 5:00 p.m. of the specified period of time, unless the last day is Saturday, Sunday or a legal holiday, as prescribed in RCW 1.16.050, in which event the specified period of time shall expire at 5:00 p.m. of the next business day. Any specified period of seven (7) days or less shall include business days only. 15. DEFAULT/TERMINATION: In the event Buyer fails, without legal excuse, to complete the purchase of the property then the earnest money shall be forfeited to Seller as liquidated damages in full satisfaction of any and all claims which seller may have arising out of or relating to such failure to purchase by Buyer. 16. GENERAL PROVISION: Time is of the essence. There are no verbal agreements which modify this Agreement. This Agreement constitutes the full understanding between Seller and Buyer. Buyer has personally observed the property and has reached Buyer's own conclusion as to the adequacy and acceptability of the property based upon such personal inspection. Unless otherwise expressly specified herein, square footage, dimensions and/or boundaries used in marketing the property are understood to be approximations and are not intended to be relied to determine the fitness or value of the property. 17. LEGAL AND TAX IMPLICATIONS: This agreement affects your legal rights and obligations and will have tax implications. If you have any questions regarding this Agreement and the addendums, attachments or other related documents, you should consult an attorney or tax advisor. Further, if a dispute arises regarding this transaction, the prevailing party shall recover costs and reasonable attorney's fees, including those for appeals. 18. FACIMILE TRANSMISSION: Facsimile transmissions of any signed original document and re-transmission of any signed transmission of any original. At the request of either party or closing agent, the parties will confirm facsimile transmitted signature by signing the original document. - 3 - 19. CONDITION OF PROPERTY REPRESENTATION: Buyer has inspected the subject property in this transaction, and is familiar with the condition of all property which is the object of this Agreement. Buyer accepts and agrees to purchase the property, which is the object of this Agreement in its present condition, "as is", without reliance upon any representation made by owner as to the condition or suitability of said property. There are no warranties, express or implied, which are the object of this offer beyond the description of the face hereof. Seller has made no representations regarding the conditions or suitability for any purpose of the land or installation of utilities which are the object of this transaction, except as provided in Paragraph 6 hereof. Buyer is relying solely on his own judgment in entering into this Agreement. 20. BUILDING CONSTRUCTION: Buyer intends to construct an office building on subject Property. Buyer shall "substantially complete"the construction of a professional office building, which shall not be less than eight thousand (8,000) square feet in size, within eighteen (18) months from the date of closing. For purposes of this Agreement "substantially complete" shall mean that the foundation, walls and roof of the office building are in place and the office building is enclosed. If the building is substantially completed within eighteen(18) months from the date of closing, the Seller shall, through the surety instrument, within 30 days of a written request by the Buyer, release to the Buyer the $4,000 plus accrued interest thereon. Should the Buyer fail to meet obligations under this section the$4,000 less accrued interest thereon, shall be retained by the City. 21. ENTIRE AGREEMENT: This document constitutes the entire agreement of the parties. There are no verbal or other agreements which modify or alter this agreement. Buyer and Seller further agree that they have read and understand all of the contents of this Real Estate Purchase and Sale Agreement and its attached. 22. OFFER TO PURCHASE: Buyer offers to purchase the property on the above terms and conditions. Seller shall have until on to accept this offer, unless sooner withdrawn. Acceptance by Seller shall not be effective until a signed copy hereof is actually received by Buyer. If this offer is not so accepted, it shall lapse and the earnest money shall be refunded to Buyer. BUYER: MICHAEL DAVIDSON SELLER: The City of Pasco, a Municipal Corporation of the State of Washington By` BY: Jc Mi —aee?J. Davidson Gary Crutchfield, City Manager 1310 North 5t" Avenue 525 North 3`d Avenue Pasco, Washington 99301 Pasco, WA 99301 (509) 544-0724 (509) 545-3404 - 4 - DEFAULT/TERMI]yATION: In the event Buyer fails, without legal excuse to complete the purchase of the property,then the earnest money shall be forfeited to Seller as liquidated damages and the Seller may seek specific performance or monetary damages arising as a result of the Buyer's failure to perform. APPROVED AS TO FORM: By: Leland B. Kerr, City Attorney 7025 Grandridge Blvd, Suite A Kennewick, WA 99336 (509) 735-1542 Receipt: On this date: , 2007, Buyer acknowledges receipt of a copy of this Agreement signed by both parties. If the Seller has made a counter offer, Buyer Accepts the Counter offer. By: BUYER - 5 - Q W I i Hnd Hsi u H O E„ U cn i O aAV Hss •u �I aAV Mg 'H and H19 'x � f I O E � t E- % t aAV HIL .N j i aAV Hip, .x i z U w w O I H.t1V H,LB 'M � f i RESOLUTION NO. A RESOLUTION regarding the sale of certain surplus real property located at the southwest corner of 5th Avenue and West Brown Street. WHEREAS, the parcel at the southwest corner of North 5th Avenue and West Brown Street is surplus to the present and future needs of the City; and WHEREAS, sale of this parcel can best fulfill the City's objectives if accomplished through negotiated sales to include appropriate terms and conditions regarding the nature, scale and timing of development; and WHEREAS, the local attorney, Michael J. Davidson, has agreed to terms and conditions for its purchase and development of approximately 25,746 square feet at the southwest corner of North 5th Avenue and West Brown Street for an office, such terms and conditions being appropriate to fulfill the City's objectives; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVE AS FOLLOWS: Section 1. That the sale of the real property located at the southwest corner of North 5th Avenue and West Brown Street, as legally described in the Purchase and Sale Agreement attached hereto, to Michael J. Davidson, be approved subject to all terms and conditions in the attached Purchase and Sale Agreement. Section 2. The City Manager is hereby authorized to execute all documents necessary to effect the sale of the property in accordance with the Purchase and Sale Agreement. PASSED by the City Council of the City of Pasco, this day of , 2007. CITY OF PASCO: Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 13 FOR: City Council n DATE: February 1, 2007 TO: Gary Crutch ie y Manager p�� WORKSHOP: Richard J. S ' h, Di ector REGULAR: 2/5/07 Community an Economic Development FROM: David I. McDonald, City Planner YL" SUBJECT: SPECIAL PERMIT: Crematorium in a C-1 Zone (Pet Emergency Services) (8913 Sandifur Parkway) I. REFERENCE(S): A. Report to Planning Commission B. Planning Commission Minutes: Dated 12/21/06 8s 1/ 18/07 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the location of a Crematorium in the 8900 block of Sandifur Parkway as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On December 21, 2006 the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for the location of a pet crematorium in the 8900 block of Sandifur Parkway. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, the property in question could be utilized for a crematorium, without detriment to the community. The recommended conditions are contained in the attached Planning Commission report. C. No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: VI. ADMINSTRATIVE ROUTING: 10(a) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP-06-018 APPLICANT: Pet Emergency Services HEARING DATE: 12/21/06 42 Goethals ACTION DATE: 1/ 18/07 Richland, WA. 99362 BACKGROUND REQUEST: SPECIAL PERMIT: Crematorium in a C-1 Zone (Pet Emergency Services) (8913 Sandifur Parkway) 1. PROPERTY DESCRIPTION: Legal: Lot 2, BSP 2006-05 General Location: 8913 Sandifur Parkway Property Size: Approximately 1 acre 2. ACCESS: The site has access from Sandifur Parkway. 3. UTILITIES: Municipal services have recently been installed along the frontage of the property. 4. 4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business) and is developed with the new Pet emergency Services Clinic. Surrounding zoning and land use is as follows: NORTH- C-1/Vacant SOUTH- C-1/Vacant EAST- C-1/New Coleman Veterinary Clinic WEST- C-1/Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for commercial uses. The Comprehensive Plan Policy LU-3-13 encourages the development of employment clusters. Policy LU-4-B encourages the concentration of commercial activities, which are functionally and economically beneficial to each other. 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). DISCUSSION Pet Emergency Services is in the process of constructing a new clinic on Sandifur Parkway. The clinic will provide animal health care services for pets. A second veterinarian clinic is being constructed on the lot immediately east of the new Pet Emergency facility. The Pet Emergency Services group is proposing to construct a small pet crematorium adjacent their new building. The crematorium will be housed in a 12' by 24' building on the west side of the Pet Emergency Clinic. Crematories are listed as unclassified uses and require review through the special permit process before locating anywhere in the City. The proposed crematorium will be a multi chambered system that assures a smokeless/odorless operation. In tests for the location of the same incinerator in other areas it was found that the facility proposed for Pasco created no visible emissions and that particulate and CO emissions were in compliance with acceptable standards. (Southern Environmental Sciences 2004 & Air Consulting & Engineering 1993) The applicant submitted a chart (attached) with the application that indicates a crematory produces less volatile organic compounds than a restaurant cooking hamburgers. Crematoriums are often located with memorial parks and mausoleums. Crematoriums (incinerators) can also be found on the grounds of hospitals and at veterinarian clinics. Memorial parks can be found adjacent residential neighborhoods as is the case with the Desert Lawn Memorial Park, Mausoleum & Crematorium in Kennewick. Hospitals can also be found adjacent residential neighborhoods. This would indicate that the operation of crematories do not create noise, vibrations, glare, odors or other activities that tend to create nuisances for nearby residents. For a number of years there was a functioning crematorium located with a veterinary clinic on canal drive. Commercial multifamily and residential developments were and are located around this facility. The proposed facility will be required to apply for an air quality permit through the State Department of Ecology in Spokane. This is an extensive permitting process that is designed to ensure air quality is protected. 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 and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 2 1. Crematoriums are listed as unclassified uses in the zoning regulations. 2. Unclassified uses are not restricted by zoning district but require review through the special permit process. 3. The site is located in a C-1 zone. 4. A veterinary clinic is being built on the site. 5. A veterinary clinic is being built on the lot to the east of the site. 6. Surround properties to the north, west and south are zoned C-1. 7. Surrounding properties except the lot to the east are vacant. 8. The crematorium will be located in a small (288) square foot building adjacent a 3,432 square foot veterinary clinic. 9. Crematoriums can be found in urban areas and are often associated with hospitals, veterinary clinic, and Memorial Parks. 10. The proposed crematorium will be a multi chambered system that assures a smokeless/odorless operation. 11. Engineering tests on the crematory indicates it operates with no visible emissions and that particulate emissions are in compliance with acceptable standards. 12. The Veterinary clinic located at 1912 N. 41. Ave operated a crematorium/incinerator for a number of years. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions 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 designates the site for commercial uses. Goal and policies of the Plan suggest business activities that complement each other be grouped together. 2) Will the proposed use adversely affect public infrastructure? The proposed use will have little or not impact on public infrastructure. The crematorium will be an ancillary use associated with a veterinary clinic. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? 3 The crematorium will be constructed to complement the principal use of the site—the veterinary clinic. The veterinary clinic and small crematory building are required to comply with the I-182 design guidelines. Conformance to the I-182 design guidelines will ensure harmony with the intended character of the area. 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 thereop The proposed building will be 288 square feet, not much larger than the space occupied by the typical parking stall. The proposed building will be designed and built to complement the existing veterinary clinic. As an alternate the applicant may incorporate the crematorium in an architecturally integrated addition the existing building on the site. 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 proposed use creates no vibration, dust, noise or fumes to cause an impact on adjoining properties. Tests on the crematory indicate it creates no visible emissions and particulate emissions are less than permitted by State and Federal standards. 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? The proposed use creates no vibration, dust, noise or emissions to cause an impact on adjoining properties or in any way become a nuisance to adjoining properties. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions there from as contained in the January 18, 2007 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions there from the Planning Commission recommend City Council grant a special permit to Pet Emergency Services for the 4 location of a crematory at 8913 Sandifur Parkway with conditions as contained in the January 18, 20067staff report. (Proposed) Approval Conditions (1) The special permit is personal to the applicant; (2) The applicant must obtain and maintain all State required air quality permits and or licenses; (3) The applicant must provide the City with a copy of all approved State air quality permits or licenses prior to operation of the crematory. (4) The crematory shall be permitted in the accessory building or in an attached architecturally integrated addition to the principal building. (5) The crematory shall be a random load device not larger than 9 feet tall, six feet wide and 14 feet long. (4) The special permit shall be null and void if a building permit for the crematory building (either an accessory building or an addition to the principal building) has not been obtained by March 1, 2008. 5 Vicinity Item: Special Permit Crematorium Map Applicant: Pet Emergency Services N File 06-018 ACA t i 6 » K c^ v +- p: l i a. f " - •" �`'� _,... h '..e - rgk�� 'fix �'S?k �e., ,' �-a g � q w aea f - T -.. ,• ,� _-� .rte „q- . r a 1 ;, �.rgc,?�a� t b.... '`.�.r lerwa�-:y;:,.gv�s..�a �<... .n ,'s'� x7C+.�"�A�. +' ___ � 1�•rIC .�. . �'"' V-„ "� r _ h r f 4 g: M 12 K 4w , AIR I-to �t a Land Item: Special Permit Crematorium Use Applicant: Pet Emergency Services x Map File #: SP 06-018 HUDS N D z Q � Vacant DESOTO DR Q W o h � z sFxUs Vacant SITE � CORD DR w SANDIFUR PKWY Q Vacant TOTTENHA a � SF RU's LANCASTER DR Commercial � Zoning Applicant: Pet Emergency Services N Map File #: SP 06-018 HUDS N D z a Q G1 W DESOTO DR RT � 4 R-1 SITE � CORD DR i SANDIFUR PKWY Q G1 TOTTENHA a 'C w O a x-1 � LANCASTER DR Q NI OI OI O �IW �I I NI OI OI OI ZI 31 P, 12' 5' 52' I i N C700P -- -- -- i i PET EMERGENCY FREEZER-/' (D CLINIC BLDG 3,452 SQ FT I DRIVE- THRU 1 i I PARKING I a� e E co 2 0 0 W c CL Y LL cn U ° 0 J D wt m ® ■ ❑ ❑ L r i U) I.+a ..{; ,a .i.,�,?R z,•`*'�r_�z'' M''. f. .,:1: -� �.t-*,.r �'`u,�s�a wrv'�><,"r ���'° tr � E H U 4 a Wes „ 7 cc U) cc CL r �i'a �' e s� ..J l Yi.lui X72 it [t •i �. s 3tq t a � }ti, ," ', XFW V1 L -a3 7g'1" FE Q� t'^,i.t... tR+b,.„#F .44,000rr4w�L�'. 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Special Permit Crematorium in a C-1 Zone (Pet Emergency Services) (8913 Sandifur Parkway) (MF# SP06- 018) Staff reported to the Commission that the proposed Crematorium would consist of a 12 x 24 foot building to be located next to the new Pet Emergency Services building being built on Sandifur Parkway. A crematorium is an unclassified use as such required review through the special permit process. The facility would be designed to be a smoke-less and odor-less system. The facility will be required to obtain an Air Quality Permit from the Department of Ecology. Staff also reviewed the surrounding development for the benefit of the Planning Commission. Commissioner Samuel asked if there currently is a crematory in the City of Pasco. Staff responded that the applicant could answer that question. Dave Richardson, 916 Road 56, Pasco introduced himself as the applicant for this proposal. He stated that there are no operating pet crematoria in the area; he believes there may be an application for a large animal crematorium in the County. The Chairperson opened the Public Hearing and asked if there was anyone present who wished to speak on this matter. Dave Richardson added that his firm was in the process of recruiting veterinarians with specialized practices and planned to expand their building in the future. With that expansion, the crematorium would be included inside the larger building. Commissioner McCollum asked what assurance there was that no other biohazards would be burned in the incinerator. Mr. Richardson stated that the only items allowed in the incinerator are pets; no other medical wastes may be incinerated there. Commissioner McCollum stated that there are a significant number of residential properties in the area. He wondered if there have been concerns expressed by the neighbors. Mr. Richardson responded that he would have to defer to the engineers that design the incinerators. He stated that there would be no visible evidence of the operation of the machines, nor any odors. Commissioner Rose asked where the material was produced that represented issues of particulate matter, etc. Mr. Richardson responded that those materials came from the manufacturer of the incinerator. Commissioner Samuel asked if the crematory would be offered to other vet clinics, and if so, how many animals would be handled at this location. Mr. Richardson responded that the incinerators would be operated two days a week. Charles W. Coleman, 1708 W. Octave St., Pasco stated that he is in favor of approval of the crematorium. He believes Pet Emergency Services provides top quality service. Commissioner Anderson asked Mr. Coleman if he has experienced smell or smoke from crematoriums in the past. Mr. Coleman responded that he is aware of a fellow practitioner who has operated a crematorium in the past and received no complaints or issues with odor from the unit. Commissioner McCollum asked if there is any future use of this facility by the impound center for Animal Control. Mr. Coleman responded that the issue of offering the service to Animal Control has not ever been raised. He added that most of the animals at Animal Control are taken to rendering works. Commissioner Little asked if there were any regulations to soliciting business for the service other than to the owners of Pet Emergency Services. Mr. Coleman responded that there are no regulations on them offering services to other vet clinics, however their primary emphasis is on serving their own members needs. Staff stated that regardless of who the service is performed for, the State will still regulate such issues as emissions, etc. Marvin Nelson, 611 N. Douglas Ave., Pasco stated that he was around a human crematorium several years ago. He was highly impressed with how clean and quiet the facility was. Mr. Richardson stated that there is no body that regulates solicitation of the service to other veterinary firms. Additionally, they have not considered the possibility of working with Animal Control, but that they would consider it. Commissioner Samuel asked what the applicant would do if the application is denied. Mr. Richardson responded that they would continue to work with the vendor that they currently utilize. Commissioner Samuel moved to close the Public Hearing on the proposed 'Special Permit and initiate deliberations and schedule adopt the findings of fact, conclusions and recommendations to the City Council for the January 18, 2007 meeting. Commissioner Hay seconded. Motion carried unanimously. PLANNING COMMISSION MINUTES 1/18/07 A. Special Permit Crematorium in a C-1 Zone (Pet Emergency Services) (8913 Sandifur Parkway) (MF# SP06- 018) Chairman McCollum informed the Commission that the crematorium was considered in a public hearing last month; 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. Staff provided a brief summary of the proposal for the benefit of the Planning Commission. Commissioner Samuel moved based on the findings of fact and conclusions there from the Planning Commission recommend the City Council grant a Special Permit for Pet Emergency Services for location of a crematorium at 8913 Sandifur Parkway with Conditions as contained in the January 18, 2007 Staff Report. Commissioner Little seconded. Motion carried unanimously. Staff explained the appeal process for the benefit of the audience. AGENDA REPORT NO. 04 FOR: City Council DATE: January 22,2007 TO: Gary Crutch Manager Regular Mtg: February 5, 2007 FROM: Robert J.Al tollixector,Public Works SUBJECT: Office & Locker Room Expansion,Phase I, Project No. 07-1-02 I. REFERENCE(S): 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/5/07: MOTION: I move to approve the purchase of goods and services from Modern Building Systems, Inc. for Office&Locker Room Expansion, Phase 1, Project No. 07-1-02, in the amount of$156,722.01 including applicable sales tax. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: The 2007 Capital Improvement Budget includes a project to provide for additional office space and locker room expansion at the Public Works Shops. The project will be done in two phases. Phase I will include a modular building which will have offices, a lunchroom, bathrooms and locker rooms. Phase 11 of the project will be for an equipment/vehicle storage building with a preliminary cost estimate of approximately $70,000 to $80,000. The total budget for the project is $400,000. Staff has received two quotes for the modular building. The low quote was received from Modern Building Systems, Inc. in the amount of $156,722.01 including sales tax. The other quote was received from Pacific Mobile in the amount of$176,361.14 including sales tax. Staff recommends that Council approve the purchase of goods and services from Modem Building Systems, Inc. V. ADMINISTRATIVE ROUTING Project File 10(b)