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2007.04.02 Council Meeting Packet
AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. April 2,2007 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 March 19,2007. 2. Minutes of the Pasco City Council Special Meeting dated March 26,2007. (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$1,026,708.39 ($81,141.85 in the form of Wire Transfer Nos. 4713, 4716 and 4718 and, $945,566.54 consisting of Claim Warrants numbered 159601 through 159808). 2. To approve Payroll Claims in the amount of $2,221,305.36, Voucher Nos. 35993 through 36129; and EFT Deposit Nos. 30015530 through 30016254. (c) Service Agreement with TRIDEC: 1. Agenda Report from Richard J. Smith, Community&Economic Development Director dated March 28, 2007. 2. Proposed Agreement. To approve the Industrial Recruitment Participant Agreement with TRIDEC and, further, authorize the Mayor to sign the agreement. (d) Dispatch Consultant Contract: 1. Agenda Report from Denis Austin, Chief of Police dated March 26,2007. 2. Proposed Agreement. To approve the agreement with Aspire-On for review of the Emergency Dispatch Center and, further, authorize the Mayor to sign the agreement. *(e) Final Plat: Three Rivers Crossing,Phase 4(Hayden Homes) (MF#FP07-001): 1. Agenda Report from David I. McDonald, City Planner dated March 27,2007. 2. Final Plat(Council packets only; copy available in Planning Office for public review). 3. Vicinity Map. To approve the final plat for Three Rivers Crossing,Phase 4. *(f) Resolution No. 3017, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of North California Avenue. 1. Agenda Report from David I. McDonald, City Planner dated March 27,2007. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition. To approve Resolution No. 3017, fixing 7:00 p.m., May 7, 2007 as the time and date for a public hearing to consider the proposed vacation. *(g) Resolution No. 3018, a Resolution accepting work performed by Insituform Technologies, Inc., under contract for the 2006 Sewer Lining Project,Project No. 06-1-04. 1. Agenda Report from Michael McShane,Acting City Engineer dated March 27,2007. 2. Resolution. To approve Resolution No. 3018, accepting the work performed by Insituform Technologies, Inc.,under contract for the 2006 Sewer Lining Project,Project No. 06-1-04. (RQ MOTION: I move to approve the Consent Agenda as read. Regular Meeting 2 April 2,2007 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: Q*(a) Street Vacation—the Northerly 800+/-feet of Road 92 (MF#VAC-07-003): 1. Agenda Report from David I.McDonald, City Planner dated March 27,2007. 2. Proposed Ordinance and Vicinity Map. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating a portion of Road 92. MOTION: I move to adopt Ordinance No. , vacating a portion of Road 92 and, further,to authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (none) 9. UNFINISHED BUSINESS: Q(a) Special Permit Closed Record Hearing: Farming in a RT Zone (North of Harris Road and West Broadmoor Blvd.) (MF#SP06-015): 1. Agenda Report from David I. McDonald, City Planner dated March 27,2007. MOTION: I move to postpone the Closed Record Hearing for the Dale Adams Farm proposal under Master File#SP06-015 to 7:00 p.m., April 16,2007. 10. NEW BUSINESS: (a) Waiver of Utility Service Requirement—United Agri Products Distribution: 1. Agenda Report from Robert J. Alberts,Public Works Director dated March 20,2007. 2. Vicinity Map. 3. Petition for Utility Service Waiver. MOTION: I move to deny the sewer utility waiver as requested by United Agri Products Distribution. (b) TRAC Operating Subsidy(2006): 1. Agenda Report from Gary Crutchfield,City Manager dated March 22,2007. 2. Memorandum from TRAC Manager to City Manager. MOTION: I move to.approve the 2006 TRAC operating deficit increase of $61,466 and authorize payment thereof to Franklin County and, further, direct that the expenditure be included in the 2007 year-end supplemental budget. (c) T-Mobile Cell Site License Agreement: 1. Agenda Report from Gary Crutchfield,City Manager dated March 23,2007. 2. Proposed Site License Agreement. MOTION: I move to approve the Site License Agreement with T-Mobile West Corporation and, further, authorize the City Manager to sign the agreement. Regular Meeting 3 April 2,2007 Q*(d) Special Permit: Location of a Church (Church of Jesus Christ of Latter-Day Saints) (5700 block of Porto Lane) (MF#SP07-001): 1. Agenda Report from David I. McDonald, City Planner dated March 27,2007. 2. Report to Planning Commission. 3. Planning Commission Minutes: dated 2/15/07 and 3/15/07. MOTION: I move to approve the special permit for the Church of Jesus Christ of Latter-Day Saints to locate a new church in the Northwest Commons subdivisions, as recommended by the Planning Commission. 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. 1:30 p.m., Monday, April 2, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; JOE JACKSON, Alt.) 2. 12:00 p.m., Wednesday, April 4, 1135 E. Hillsboro Street, #B — Franklin County Mosquito Control District Board Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; JOE JACKSON,Alt.) 3. 3:30 p.m., Wednesday, April 4, City Hall Conference Room #1 — Regional Centers Oversight Committee Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS) 4. 5:30 p.m., Thursday, April 5, Parks & Rec. Classroom — Parks & Recreation Advisory Council Meeting. (COUNCILMEMBER REBECCA FRANCIK, Rep.; MIKE GARRISON,Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 19, 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; Bob Alberts, Public Works Director; David McDonald, City Planner and Denis Austin, Police Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated March 5, 2007. (b) Bills and Communications: To approve General Claims in the amount of$634,112.03 ($60,725.06 in the form of Wire Transfer Nos. 4708 and 4710 and, $573,386.97 consisting of Claim Warrants numbered 159383 through 159600). 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$278,616.17 and, of that amount, authorize $201,235.91 be turned over for collection. (c) Water Rights Transfer Agreement with Paul and Leah Miller: To approve the Water Rights Transfer Agreement with Paul and Leah Miller and, further, authorize the Mayor to sign the agreement. (d) Professional Services Agreement with CH2MHil1 for 2007 Water Comprehensive Plan: To approve the Professional Services Agreement with CH2MHi11 and, further, authorize the Mayor to sign the agreement. (e) DOE Storm Water Grant Agreement: To approve the DOE Storm Water Grant Agreement and, further, authorize the Mayor to sign the agreement. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison reported he attended the TRIDEC Annual Meeting and the Franklin County Local Trust Fund Oversight Committee meeting. Mr. Watkins also attended the Franklin County Local Trust Fund Oversight Committee meeting. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 19, 2007 PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation: The South 10 feet of East "B" Street from South Walnut to South Maitland (MF#VAC-07-001): Mr. McDonald explained the details of the vacation. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE BEING NONE, MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3823, an Ordinance vacating the South 10 feet of East "B" Street from South Walnut Avenue to South Maitland Avenue. MOTION: Mr. Watkins moved to adopt Ordinance No. 3823, vacating the south 10 feet of East"B" Street from South Walnut Avenue to South Maitland Avenue and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No.3824, an Ordinance amending Chapter 8.02 of the Pasco Municipal Code entitled "Animal Control." MOTION: Mr. Watkins moved to adopt Ordinance No. 3824, amending Chapter 8.02 of the Pasco Municipal Code entitled "Animal Control"and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. NEW BUSINESS: Amendment to Interlocal Cooperative Agreement for Animal Control, Designation of City of Pasco as Operating Jurisdiction: MOTION: Mr. Watkins moved to approve Amendment No. 1 to the Interlocal Cooperative Agreement between the cities of Richland, Pasco and Kennewick, Washington for Animal Control. Mr. Jackson seconded. Motion carried unanimously. MOTION: Mr. Watkins moved to approve the Operating Jurisdiction Agreement for the Animal Control Authority and, further, to authorize the Mayor and City Manager to execute the agreement. Mr. Jackson seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Crutchfield reported the State House of Representatives has included $400,000 in its Transportation budget for the Court St./395 pedestrian overpass. The Senate has not yet released its budget. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:14 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 2"d day of April, 2007. 2 MINUTES SPECIAL MEETING PASCO CITY COUNCIL MARCH 26, 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; Bob Alberts, Public Works Director; Denis Austin, Police Chief, and Dan Dotta, Facilities Manager. The meeting was opened with the Pledge of Allegiance. BUSINESS ITEMS: Local Agency Agreement, Sacagawea Heritage Trail, Phase 2: Council and Staff discussed the details of the Agreement. MOTION: Mr. Watkins moved to approve Resolution No. 3016, authorizing the City Manager to execute the Local Agency Agreement with the Washington State Department of Transportation for funding for the Sacagawea Heritage Trail, Phase 2 Construction Project. Mr. Jackson seconded. Motion carried 6-1. No - Larsen ADJOURNMENT: There being no further business, the meeting was adjourned at 7:14 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 2nd day of April, 2007. 1 3(a).2 CITY OF PASCO Council Meeting of: April 2,2007 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the d rsigne reby certify under penalty of perjury that the materials have been furnished,the services a dere r the lab r performed as described herein and that the claim is a just,due and unpaid obligati gain t the city an that we are authorized to authenticate and ce 'ty to said M. Gary r utc i Id, M ger James v ase, 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 4713,4716 and 4718 in the amount of$81,141.85, have been authorized;that Check No.s 159601 through 159808 are approved for payment in the amount of$945,566.54,for a combined total of$1,026,708.39 on this 2nd day of April,2007. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 390.52 Judicial 4,107.92 Executive 1,646.66 Police 157,005.42 Fire 5,547.62 Administration&Community Services 63,748.46 Community Development 50,701.09 Engineering 2,570.14 Non-Departmental 258,080.84 Library 88,357.81 TOTAL GENERAL FUND: 632,156.48 STREET 1,957.58 C. D. BLOCK GRANT 12,872.95 KING COMMUNITY CENTER 832.34 AMBULANCE SERVICE 7,559.37 CEMETERY 3,729.30 ATHLETIC PROGRAMS 816.39 SENIOR CENTER 3,200.49 MULTI MODAL FACILITY 1,091.00 RIVERSHORE TRAIL& MARINA MAIN 0.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 894.63 PARKS FUND 0.00 TRAC DEVELOPMENT 73,966.00 STADIUM/CONVENTION CENTER 6,020.92 LID GUARANTY 13.00 METRO DRUG TASK FORCE 4,421.20 METRO DRUG FORFEITURE FUND 1,726.76 GENERAL CONSTRUCTION 19,779.21 WATER/SEWER 103,321.21 EQUIPMENT RENTAL-OPERATING 22,975.42 EQUIPMENT RENTAL-REPLACEMENT 724.21 MEDICAUDENTAL INSURANCE 81,141.85 CENTRAL STORES 405.25 FIRE PENSIONS 7,752.99 PAYROLL CLEARING 39,244.84 PUBLIC FACILITIES DIST 105.00 GRAND TOTAL ALL FUNDS: $ 1,026,708.39 3(b).1 CITY OF PASCO Council Meeting of: Payroll Approval April 2,2007 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 March 2007 4hre r herewit h for your review and approval. Gary Manager James W.C se, 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. 35993 through 36129 and EFT deposit No's.30015530 through 30016254 and City contributions in the aggregate amount of$2,221,305.36 are approved for payment on this 2nd day of April 2007. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 9,263.85 Judicial 82,364.97 Executive 61,131.00 Police 677,937.10 Fire 327,338.18 Administrative&Community Services 277,592.52 Community Development 80,119.34 Engineering 99,502.97 TOTAL GENERAL FUND 1,615,249.93 CITY STREET 39,364.41 BLOCK GRANT 9,343.85 MARTIN LUTHER KING CENTER 6,992.31 AMBULANCE SERVICE FUND 149,408.72 CEMETERY 11,254.54 ATHLETIC FUND 4,038.67 SENIOR CENTER 14,112.30 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 789.35 BOAT BASIN 176.64 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 12,256.42 WATER/SEWER 326,457.93 EQUIPMENT RENTAL-OPERATING 31,860.29 GRAND TOTAL ALL FUNDS $ 2,221,305.36 Payroll Summary Net Payroll 1,274,194.09 Employee Deductions 542,183.16 Gross Payroll 1,816,377.25 City of Pasco Contributions 404,928.11 Total Payroll $ 2,221,305.36 3(b).2 AGENDA REPORT NO. 32 For: City Council March 28, 2007 To: Gary Crutch e I Manager Regular: 04/02/07 From: Richard T. Smi , Director Community and Economic Development SUBJECT: Service Agreement with TRIDEC I. REFERENCE(S): 1. Proposed Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/02/07: Motion: I move to approve the Industrial Recruitment Participant Agreement with TRIDEC and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: $30,000 Annually IV. HISTORY AND FACTS BRIEF: A) Pasco (along with Kennewick, Richland and West Richland) has contracted with TRIDEC since the early 1990s for the provision of certain economic development services. Those services have evolved over the years, as has involvement of the cities in the TRIDEC organization. In the early 1990s the cities had very little direct involvement in the TRIDEC organization, not having a seat on the Board of Directors or executive committee. For the past several years, each city has had a seat on the Board and the cities (as a group) are afforded one seat on the executive committee. Consequently, the cities are much more involved in determining the direction of TRIDEC and coordinating TRIDEC's efforts with those of the cities. B) The most recent partnership agreement was executed in 2002, expiring at the end of 2005. The proposed agreement is very similar to its predecessor, the most notable change being an increase in the City's contribution from $25,000 to $30,000 annually. The cities of Kennewick and Richland will also contribute $30,000 per year. The City of West Richland will pay $5,000 annually. Essentially, the agreement spells out the various objectives to be pursued and services to be provided by TRIDEC on behalf of the cities toward economic development goals. V. DISCUSSION: A) This agreement was discussed at the March 26, 2007 Workshop. The City Attorney has subsequently advised us that payments under the contract must be on a reimbursable basis for services rendered. The Agreement has been modified accordingly (see Financial Commitment). 3(c) INDUSTRIAL RECRUITMENT PARTICIPANT AGREEMENT BETWEEN THE CITY OF PASCO AND THE TRI-CITY DEVELOPMENT COUNCIL Benton Franklin businesses, local governments, chambers of commerce, and other economic development agencies are intent on working cooperatively with the Tri-City Development Council. "TRIDEC," to recruit new industry to the bi- county area. This agreement is between TRIDEC, the State's designated Associate Development Organization (ADO) for Benton and Franklin Counties, and the City of Pasco, a local entity, both designated herein as "Participants" in the bi-county industrial recruitment program. Similar agreements are being secured between TRIDEC and the counties of Benton and Franklin, the Cities of Kennewick, Richland, Pasco and West Richland, and the Ports of Benton, Pasco, and Kennewick. MUTUAL OBJECTIVES The Participants seek to expand business activity, increase capital investment, and broaden employment opportunities in the bi-county area. To accomplish this, TRIDEC will coordinate a program to expand existing industrial employment and recruit new industries to Benton Franklin Counties. While TRIDEC's primary mission is industrial job creation, the Participants are also committed to supporting creation of new businesses, commercialization of technology, expansion of tourism, retail development, and other means of economic development. However, these important efforts are led by community- based economic development organizations other than TRIDEC. The participants will establish roles and responsibilities for these functions with other agencies through separate agreements. The cities, counties and ports may have occasion to pursue individual or collective industrial recruitment effort beyond the confines of this agreement. To the extent these supplemental activities require a significant commitment of TRIDEC resources, they may as well be the subject of separate agreements. AGREEMENT The Participants will cooperate in the planning and implementation of activities to recruit new basic industry to the bi-county area. TRIDEC will coordinate this effort, making productive use of its own staff and volunteers, as well personnel resources supplied by others Participants. The TRIDEC President is responsible for administering this agreement. The Entity designates Rick Smith, Community and Economic Development Director, as its primary contact for the TRIDEC's industrial recruitment program. PROGRAM STRUCTURE The TRIDEC Board of Directors is ultimately responsible for setting business recruitment program policies. Cities, counties, and ports have full representation on the Board. The recommendations of the Board's Commerce & Industry Committee and TRIDEC staff help shape these policies. Elected and appointed officials from member local governments have opportunities for active involvement. The TRIDEC staff is responsible for administering the industrial recruitment program in cooperation the personnel from Participant agencies. TRIDEC functions as the Associate Development Organization for the Washington State Office of Trade and Economic (OTED). TRIDEC also engages businesses, educational institutions, the Department of Energy and its contractors, the Tri-Cities Visitor and Convention Bureau, and other bi-county economic development agencies to effectively support its industrial recruitment program. The TRIDEC President/CEO and participants port, city, and county managers will endeavor to maintain effective coordination among the Participants. The Case Management Group, consisting of the TRIDEC Vice President for Commerce & Industry and designated staff from each Participant agency, will work together on an on-going basis to market, recruit, qualify, and service prospects. TRIDEC, in cooperation with the Participants, will accomplish the following objectives: • Industrial Recruiting Staff-taff- Retain a qualified business recruiting staff to work with designated Participant agency personnel. • Marketing Plan- Maintain and follow a formal, written plan to market to, identify, recruit, qualify, and service industrial prospects. Focus on target opportunities, including but not limited to agribusiness, environmental industries, I-S Corridor business, metals industries, and back- office/telecommunication business. • Client Tracking System- Administer a client tracking system to manage and record prospect contacts. Encourage use of the system by all Participants. • Site/Facility Inventory- Administer and update as needed a data base including the following information for industrial sites and facilities available for recruited industries: site and structures plans, location, site dimensions and acreage, soil conditions and slope, transportation access, availability of utilities, zoning, neighboring land uses, and contact person. • Training- Provide effective industrial marketing to Participants agency staff and community volunteers who come into contact with industrial prospects. • Measurement- Regularly monitor and report industrial recruiting progress using a mutually agreed measurement system that gauges program effectiveness. • Communications- Through its Internet WEB site and e-mail, printed reports, newsletters, media releases, and briefing sessions, keep all Participants and the general public adequately informed of industrial recruitment activities. • Annual Report- The year's industrial recruitment accomplishment and plans for the coming year will be reported at TRIDEC's annual meeting. HANDLING OF PROSPECTS Business and recruitment activities can begin with contacts originated through CTED and referred to TRIDEC, directly by TRIDEC, or by a local entity. Contacts through TRIDEC: The following describes the handling of prospect cases when contact originates at TRIDEC or is referred to TRIDEC by CTED. • TRIDEC will provide general information on the bi-county area and other data requested by the prospect. In response to the Prospect's expressed interests, TRIDEC will also supply names of property owners and Participant contacts. • If the prospect indicate an interest in specific business locations TRIDEC will notify affected Participants and property owners, share information gathered, make appropriate introductions, and assist in follow-up marketing as requested. • If the prospect indicates interest in specific sites, but requests confidentiality, TRIDEC will keep affected parties fully informed without revealing the identity of the prospect. This information will remain confidential until release by TRIDEC is authorized by the prospect. • When a prospect establishes formal discussions with a Participant and commits to a site in its jurisdiction, responsibility for managing the contact will be transferred from TRIDEC to that entity. TRIDEC will continue serving as the prospect's community advocate and provide assistance as requested. Contacts at the Local Entity Level: This describes the handling of prospects when the contact originates with the local entity, or the entity has assumed responsibilities for the case. • Local entities rely on TRIDEC to supply a variety of valuable industrial recruitment information an services. When a local entity receives a contact inquiry or is managing an industrial prospect and desires support from TRIDEC, it need only request such assistance. • It is not necessary for the entity to divulge the identity of a prospect to TRIDEC unless it elects to do so. If requested assistance requires disclosure of the prospect' identity, TRIDEC will render such assistance while maintaining confidentiality. • If the local entity determines that dealing with a prospect exceeds its abilities, the prospect will be referred to TRIDEC for further handling. • If more than one local entity requests assistance with the same prospect, TRIDEC will so advise affected entities. Under this circumstance, subsequent requests for assistance must be mutually agreed upon by affected local entities before it is rendered by TRIDEC. CLOSING DEALS The participants recognize shared responsibility in the complicated process of closing deals with industrial prospects. Care will be taken in each instance to properly define the division of authority and responsibilities. Offers on land costs, infrastructure extensions, utility charges, and other items will be made to prospects only by the authorized entity (i.e. property owner, city, port, or utility) or with its explicit consent. Public events such as media conferences, groundbreaking, and ribbon cutting will be coordinated with the sitting jurisdiction. The city in which the prospect will locate or expand its facility will be responsible or working with TRIDEC on logistics relating to these events. FINANCIAL COMMITMENT The cities participating as Participants in industrial recruitment activities will collectively provide TRIDEC $ 95,000 annually to support the program in addition to transfer by the Counties of funds from CTED in designating TRIDEC as the Regional ADO. Shares are allocated as to equitably distribute the financial responsibilities for the program. The annual cost distribution is shown below: City of Kennewick $30,000 City of Richland $30,000 City of Pasco $30,000 City of West Richland $ 5,000 For the services herein above described, the City of Pasco agrees to pay TRIDEC the sum of Thirty Thousand Dollars ($30,000) for the twelve-month periods beginning January 1 st and ending December 31 st for each year the contract is in effect. Payments shall be made in equal quarterly installments and within 30 days upon City of Pasco receipt of invoices setting forth the services rendered. TERM OF AGREEMENT This agreement will be effective on January 1, 2007 and remain in effect through December 31, 2010. It may be amended at any time by mutual agreement of Participants. The Agreement may be terminated at any time by mutual agreement or by either Participant for cause, failure to perform, or for other legitimate reasons. A ninety (90) day written notice to the Participant is required to effectuate a termination. Dated this day of April, 2007. CITY OF PASCO Joyce Olson, Mayor APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B Kerr, City Attorney TRI-CITY INDUSTRIAL DEVELOPMENT COUNCIL Carl Adrian, President/CEO AGENDA REPORT FOR: City Council March 26, 2007 TO: Gary Crutchf y Manager Workshop Mtg.: 3/26/07 FROM: Denis Austin, olice Chief Regular Mtg.: 4/02/07 SUBJECT: Dispatch Consultant Contract I. REFERENCE(S): A) Proposed Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/26/07: Discussion 4/2/07: MOTION: I move to approve the agreement with Aspire-On for review of the Emergency Dispatch Center and, further, authorize the Mayor to sign the agreement.. III. FISCAL IMPACT: Not to exceed $10,000 IV. HISTORY AND FACTS BRIEF: The City of Pasco has been under the same year-to-year contract with the Franklin County Sheriff's Office for emergency dispatch of police and fire personnel as well as answering e911 calls for over 10 years. Recent recommended financial increases to the contract from the County have been substantial with continuing increases being probable in the future. V. DISCUSSION: The Franklin County Sheriff's Office recently hired a consultant to review the operational side of the Dispatch Center with some positive direction being given. However, many of these recommendations will result in increased costs. It is recommended that the City contract with its own consultant under a scope of work that will focus on financial analysis and cost allocations. Our consultant would review the management and administration of the dispatch center as it relates to its governance and will recommend the most appropriate financial and operational changes to assure quality e911 and dispatch services for a fair price to the citizens of Pasco.. VI. CITY MANAGER NOTE: 3(d) City of Pasco Dispatch Scope of Work/ Budget Initial/Objectives I. Objectives: A. Evaluation and analysis of business realities in order to provide recommendation on whether the present cost (to the City of Pasco) is appropriate and if the operation—budget (of Dispatch Center) is being utilized to maximum potential—optimum efficiency and resource allocation. Through this evaluation (based on available information and limited review/) validate whether the current management system is the most efficient, productive, and effective way to operate the dispatch center. This includes direct interviews and engagements with necessary parties and comprehensive review of documentation, agreements, operations, and available financial information. B. Review, compare, and evaluate current contract (cost) and definition of calls for service (integrated `operations service" analysis) in relation to other agencies and investigate/review options/examples of how the contract could be structured. Recommend/identify potential impacts to operation and/or cost allocation system. C. Delivery of Summary Report of Findings by 6/1/07 II. Fee Structure: Business Catalyst Consulting-Engagements/ Positioning Analysis: $150/hr Business Case-Financial Analysis/Options/-Review/Findings: $125/hr Project Management/Review/Preparation: $100/hr Administrative Support/Data Compilation: $45/hr III. Project Elements: Given Objectives Defined by City of Pasco A. Evaluation and analysis of business realities in order to provide recommendation on whether the present cost (to the City of Pasco) is appropriate and if the operation/ budget is being utilized to maximum potential. Through this evaluation (based on available information and limited review) validate whether the current management system is the most efficient, productive, and effective way to operate the dispatch center. This includes direct interviews and engagements with necessary parties and comprehensive review of documentation, agreements and available financial information. Up to 20 hours at $150 = $3,000 Up to 12 hours at $125= $1,500 Up to 4 hours at $100 = $400 Upto5 hours at $ 45 = $180 Sub-total up to: $5,080 B. Review, compare, and evaluate current contract (cost) and definition of calls for service (integrated `operations service" analysis) in relation to other agencies and investigate/review options/examples of how the contract could be structured. Up to 12 hours at $125 = $1,500 Up to 10 hours at $100= $1,000 Up to 4 hours at $45 = $180 Sub-total up to: $2,680 C. Project Management plus review and preparation of summary report of Findings pursuant to identified objectives. Up to 2 hours at $125= $250 Up to 2 hours at $100= $200 Up to 2 hours at $45= $90 Sub-total up to $ 540 Total Cost of Section A - C: Up to but not to Exceed: $ 8,300 Expenses: Out of pocket travel expenses (hotel, mileage, airfare, rental, etc.) directly associated with performing the project work as outlined above will be billed to City of Pasco for reimbursement. Estimate of expenses not to exceed of$1,700 Note: If scheduling issues and necessary engagements would cause travel to exceed this amount prior approval would be obtained from the City of Pasco before incurring such expenses. Total Services and Expenses not to Exceed: $10,000 2 IV. Responsibilities of the City Of Pasco: A. Scheduling coordination and assistance regarding necessary meetings, interviews and engagements B. Supply necessary information and data to fulfill and complete objectives of the project work --- Background information (agreements, contracts, financials, consultant reports or studies, or other data as defined) reference the Dispatch Center relationships, overall operations, and information on comparable operations C. City of Pasco Police personnel will be a resource for overall information gathering and research while providing collaborative assistance to the consultant. ASPIREON: AspireOn: DATED: By: Phil Stiffler AspireOn CITY OF PASCO: City of Pasco: DATED: By: 3 AGENDA REPORT NO. 29 FOR: City Council DATE: 3/27/07 TO: Gary Crutchfi anager WORKSHOP: Richard J. Smi i ctor REGULAR: 4/2/07 Community a Economic Development FROM: David I. McDonald, City Planner - SUBJECT: FINAL PLAT: Three Rivers Crossing Phase 4 (Hayden Homes) (MF # FP07-001) I. REFERENCE(SL A. Final Plat (Council Packets only-Copy available in Planning Office for public review) B. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the final plat for Three Rivers Crossing Phase 4. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Three Rivers Crossing development. The developer is now seeking final plat approval for Phase 4. B. Three Rivers Crossing is located north of Sandifur Parkway west of Road 60. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the improvements. In this case, the developer has completed most of the improvements and has provided the City with a bond in an amount sufficient ($133,031.00) to cover the costs of the outstanding improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition the plat contains the required descriptions, dedications and acknowledgment and approval sections. VI. ADMINISTRATIVE ROUTING: 3(e) Item: Final Plat Three Rivers Crossing Phase 4 Vicinity Applicant: Hayden Homes pp Y N Map File #: FP 07-001 i i" SITE PINE LAKES DR� -� � O � OVERTON R a UALLY U x D n r r O W Z Z Z Z ENZIAN FALLS DR H SANDIFUR PKWY 0 O J FFERSON DR 'KEY DR. C IS Y 0 co D 0O P O� I AGENDA REPORT NO. 33 FOR: City Council DATE: 3/27/07 TO: Gary Crutchfie y anager WORKSHOP: Richard J. Smi irector REGULAR: 4/2/07 Community an Economic Development FROM: David I. McDonald, City Planner --� SUBJECT: STREET VACATION- A portion of North California Avenue (MF #VAC-07-004) I. REFERENCE(S): A. Proposed Resolution and Vicinity Map B. Vacation Petition II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No.3W, fixing 7:00 PM, May 7, 2007 as the time and date for a public hearing to consider the proposed vacation. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of Block 50 and 51 Freys Addition have submitted a petition requesting vacation of the undeveloped portions of North California abutting their property. The vacation is being requested to facilitate development of the property at the north end of California Avenue. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is May 7, 2007. V. DISCUSSION: NONE VI. ADMINISTRATIVE ROUTING: 3(f) RESOLUTION NO. 301 A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF NORTH CALIFORNIA AVENUE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating the that portion of North California avenue lying between the northeasterly projection of the south line of Lot 18 block 50 Freys Addition and the southerly right-of-way line of Oregon Avenue/Highway 397, will be held before the City Council of the City of Pasco in the Council Chambers at, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on May 7, 2007. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco this day of 52007. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney Map Applicant: Rollin g Rivers LLC N File #: VAC 07-004 ` l , P �- Street Vacation 0 o 2 O FEE $200 MASTER FILE # DATE SUBMITTED: CITY OF PASCO STREET / ALLEY VACATION PETITION I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: APPLICANT: = QR,i�,�, .r�/1,t_Lc! PROPERTY OWNED (Legal Description) Print Name: Sign Name: G _ Q'4"I-J4 Address: l 3�0 s M t / o kA ,,� c"'� s- h Z � P..� a ✓r Phone # Sm 3 �-3 9 3T 900 Date '3/-L c, J o ft- a 7 ZZc/ Print Name: x ti,x� .� �'✓Q , ,C.� ,[�- 3 `f t �t � ,gyp Sign N, me: >1D W{/ L zC At t`/C ,•t. rtl� �✓Jc ^_" 0 Date ua a 7 { Print Name: Sign Name: C Date RECEIVED MAR 2 h 14117 COMMUNITY DEVELOPMENT DEPT. AGENDA REPORT NO. 7 FOR: City Council March 27, 2007 TO: Gary Crutchfi JS' b anager Regular Mtg: April 2, 2007 Robert J.Albe Works Directo r FROM: Michael McSh City Engineer SUBJECT: Accept 2006 Sewer Lining Project- Project No. 06-1-04 I. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/2: MOTION: I move to approve Resolution No.30/ 0 accepting the work performed by Insituform Technologies, Inc.,under contract for the 2006 Sewer Lining Project No. 06-1-04. III. FISCAL IMPACT: Public Works-Sewer Fund IV. HISTORY AND FACTS BRIEF: On August 21, 2006, the City Council awarded the 2006 Sewer Lining Project, Project #06-1-04, to Insituform Technologies, Inc. in the amount of$374,145.64. The final cost of the project was $389,226.46. There were six additional laterals and approximately 350' of pipe added to the project which is the reason for the cost increase. The work is now complete and staff recommends acceptance of the work. V. ADMINISTRATIVE ROUTING Project File 3(9) RESOLUTION NO. V I O A RESOLUTION ACCEPTING WORK PERFORMED BY INSITUFORM TECHNOLOGIES, INC. UNDER CONTRACT FOR THE 2006 SEWER LINING PROJECT, PROJECT# 06-1-04. WHEREAS, the work performed by INSITUFORM TECHNOLOGIES, INC., under contract for the 2006 Sewer Lining Project, Project #06-1-04, 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 Insituform Technologies, Inc. under contract for the 2006 Sewer Lining Project, Project #06-1-04, 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 2nd day of April, 2007. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 31 FOR: City Council DATE: 3/27/07 TO: Gary Crutchfi 1 anager WORKSHOP: Richard J. Sm it for 10� REGULAR: 4/2/07 Community an Economic Development FROM: David I. McDonald, City Planner ,Vl� SUBJECT: STREET VACATION- The Northerly 800 +/- feet of Road 92. (MF #VAC-07-003) I. REFERENCE(§): A. Proposed Ordinance and Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING: MOTION: I move to adopt Ordinance No. , vacating a portion of Road 92 and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of the property abutting approximately the northerly 800 feet of Road 92 submitted a petition requesting vacation of the undeveloped right-of-way abutting their property. The vacation is being requested to facilitate the expansion of the Broadmoor Estates subdivision. B. April 2, 2007 was the date set to consider the vacation request. V. DISCUSSION: Road 92 is an undeveloped platted road that extends north from Sandifur Parkway. Helms Development recently purchased several of the large lots in the Coles Estates that front on Road 92 and is in the process of expanding the Broadmoor Estates development to the east. Vacation of the northerly 800 feet of Road 92 will permit the logical extension of streets and lots between Broadmoor Estates and the new subdivisions to the east. Utility providers have not requested the retention of any easements. The City Engineer has no objection to the proposed vacation. VI. ADMINISTRATIVE ROUTING: 7(a) WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3`d Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF ROAD 92 WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That all of Road 92 lying adjacent Lots 15, 16, and 17 Coles Estates, as depicted in Exhibit "1" be and the same is hereby vacated. Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 2"d day of April, 2007., Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney Q. F- t19 avow U Z L O W � - Y ° = o Nl = U ° o 0 Q o Z W o Z) COL 4-4 U U U U) ° U IL ui- N 2331S [�S3AA ° F,O z VJ >1 ° _0 /1 1 -0 a 1� ^, U- M O Z r, U) `V �L! ® 06 GVQ:J 3olnj ct 4 N lee � Ct > as adOa 3bninj . . z • r, O l J �V W Nl kUifg3AOO O r - O W "\ � F- cn = z .--:)--o 44 m NI aNb'IaIW s� f 10 NOn34 10 HSI4N3n` O z 1) J Z Q Z T Nl �13X3 1S d?J0Ja38 AGENDA REPORT NO. 28 FOR: City Council DATE: 3/ 27/07 TO: Gary Crutch e i Manager WORKSHOP: Richard J. S irector REGULAR: 4/2/07 Community a Economic Develo ment FROM: David I. McDonald, City Planners "t - SUBJECT: SPECIAL PERMIT CLOSED RECORD HEARING: Farming in a RT Zone (North of Harris Rd & West Broadmoor Blvd.) (MF# SP06-015) I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Motion: I move to postpone the Closed Record Hearing for the Dale Adams Farm proposal under Master file # SP06-015 to 7:00 p.m. April 16, 2007. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council set 7:00 p.m. Monday April 2, 2007 as the time and date to hold a closed record hearing to review the Planning Commission record on the proposed Dale Adams farm under Master file # SP06-015. B. Much of the record that the City Council is required to review is in the form of a verbatim transcript prepared by a court reporter. The court reporter is nearing completion of the transcript but has not completed it in time to provide the Council with adequate review time before the closed record hearing. C. To provide an opportunity for proper review of the record it will be necessary to postpone the hearing for two weeks. V. DISCUSSION: VI. ADMINSTRATIVE ROUTING: 9(a) AGENDA REPORT NO. 10 FOR: City Council DATE: 3/20/07 TO: Gary Crutchfi Manager Workshop: 03/26/07 Regular: 04/02/07 FROM: Robert J. Albe is orks Director SUBJECT: Waiver of Utility Service Requirement—United Agri Products Distribution P.M.C. Chapter 16.06 I. REFERENCE(S): 1. Vicinity Map 2. Petition for Utility Service Waiver II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/26/07: Discussion 04/02/07: MOTION: I move to deny the sewer utility waiver as requested by United Agri Products Distribution. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A. The applicant has requested a sewer waiver in order to use an existing septic tank system for their business. P.M.C. 16.06 requires connection to the utility system when a building permit is issued unless such requirement is waived by action of the City Council, B. The City's sewer system as shown on the vicinity map is 228 feet from the property. The extension of the sewer system to service the property would not be difficult and would be consistent with past practices. A waiver would go against the overall goal of providing sewer service in this area. V. DISCUSSION: Any determination or decision by the City Council to waive utility requirements is to be based upon the waiver criteria provided in P.M.C. 16.06.040 as follows: (I) Special circumstances applicable to the property in question or the intended use that do not generally apply to other properties or classes of uses in the same vicinity or zoning classification. The sewer system is within 228 feet from the property. (2) A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other properties in the same vicinity and the same zoning classification, which because of special circumstances is denied to the property in question. There are properties in the area with septic tank systems that were allowed prior to being annexed into the city limits. Several more properties have been served with sewer systems in the past eight years. (3) The granting of the waiver will not be detrimental to the public welfare or injurious to other property improvements in such vicinity and zoning classification, which the subject is located The sewer system was previously extended to meet property needs in the area. 10(a) (4) The granting of a waiver will not conflict with the general intent of this chapter. The Uniform Building Code requires permanent structures to be provided with adequate health and sanitation facilities. A building with a septic tank/drain field would meet the sanitation requirements of the Uniform Building Code. With the sewer system being nearby, a waiver would not meet the intent of P.M.C. 16.06. Health and sanitation requirements for this property would be better served by a sanitary sewer line. In the past when Council approved utility waivers the following conditions applied: (a) Require the applicant to participate in future L.I.D. or U.L.I.D. activities commenced by petition or resolution that would involve the property in question; (b) Require the applicant to pay an equitable share of any private utility extensions abutting the applicant's property. Based upon a review of the criteria above, Staff would recommend denial of the sewer waiver request. VS.396 co Ey I z age JASON PIS J� w MEN" MINGT ST. it E-4 ;x „ U Af fo ,u •,htA t R w �a aI I k. W W " 'f' A b31YM �NIISIX3—' r ss uosf) rl fig k _ Go am w , CITY OF PASCO PETITION FOR UTILITY SERVICE WAIVER page 1 of 2 PLEASE COMPLETE THE APPLICATION CLEARLY AND ACCURATELY United Agri Products Distribution (Name of Owner/Applicant) (1 st party) (Name of Owner/Applicant) (2nd party) 1315 E. St. Helens St. (Address) (Address) Pasco, WA 99302 509-545-1866 (Phone) (Phone) 9 , (Signature) (Signature) General Location of Property: 300 ft north of Tippett Lane at 6421 Burlington Street, and ( give location relative to streets, intersections, etc. ) 1/4 mile north of Foster Wells Road on Burlington Street. Legal Description of Property for which the Utility Waiver is requested: Lot 1 -Short Plat 77-26 City of Pasco, and identified as Assessors Parcel ho. 113-110-213 Current Land Use of Property: Warehouse with office space 1) Type of utility waiver requested? Water Sewer X 2) Describe the reason for requesting a waiver from the requirement to connect to the municipal water and/or sewer system? The existing septic system was inspected on 12-27-06 and approved for 12 employees and 10 visitors. See attached BF1ID valuation. There will be no process or_industrial waste generated by the proposed activity. 3) Describe altemative method of utility provision from which a waiver is requested? UAP will use the approved and existing septic system for domestic usage. There is not a physical need for connecting to the public sewer system. cont'd RECEI'V'ED FEB 2 6 2007 PUBLIC'j'1ORKS NO.1 CITY OF PASCO page 2 of 2 PETITION FOR UTILITY SERVICE WAIVER 4) Special circumstances applicable to the property in question or intended use? At this location, UAP will use City Of Pasco water to blend applicable ingredients into liquid fertilizer for agricultural application. Eighty percent of the finished product is used within a 20 mile radius of the proposed process plant. 5) What changed or changing conditions warrant the proposed Utility Waiver? For 30 years UAP had previously conducted this business activity at the Burlington Northem Ice House just south of 1-182. Because BNSF did not renew the UAP lease,the subject property herein was purchased to become the relocation site. 6) What other properties in the same vicinity and within the same zoning district have received a Utility Waiver or are not connected to one or both of the municipal utility systems? None of the nearby properties have received a Utility Waiver. Three adjacent businesses are not connected to the sewer system. 7) How will the public health and welfare be protected by granting the Utility Service Waiver? The existing septic system was inspected by the Benton Franklin Health District 12-27-06 and continued use of the system was deemed appropriate for the existing shop(warehouse) provided the daily design flew does not exceed 240 gpd (maximum of 12 employees & 10 visitors) and the shop is connected to an approved public water supply. APPLICATION FOR EVALUATION OF AN VaSTI N3G •' ON-SITE SEWAGE DISPOSAL SYSTEM reES: PUBLIC ENV MONIVIENTAL HEALTH Ncwdwc1lins: 800 W.Canal Drive 307 T°Avonue 1144.00 Kennewick,WA 99336 Prosser,WA 99350 cads 3410 r�-.,v ft►Promote- Fr tcet All od=3:$7:.00 (509)582-7761,eats.246 (509)786-1633 cMdc 5411 AL ACOWnt#__0106-220_75 Lo 11 t! I!6 NAME OF APPLICANT: UAP Distribution HOME TELEPHONE: 545-1806 WORD TELEPHONE. $45-1866 CURRENT MAILING ADDRESS: 311�TiMtt Lane CITY Pasco ZIP- 993ot PARCEL NUMBER: 113-110-213 sFcTx)N 6 TowNsmP 9 RANGE 30 LEGAL DESCRIPTION OF PARCEL: [sot I Short Plat 77-26 PHYSICAL ADDRESS: 31 I TiRnett Lana BUILDER OR ENGINEER: TELEPHONE: PURPOSE OF EVALUATION: NEW DWELLING PLACEMEM' ADDITION POOL GARAGE SHOP ETC, CHANGE IN USE X OTHER (title elimination,cta) TOTAL NUMBER OF BEDROOMS IN DWELLING,OR TYPE OF COMMERCIAL USE—, office 3 employees; 10 visitors LOT SIZE: 2 acres in acres or square feet DISTANCE TO PUBLIC SEWER EXISTING SEWAGE SYSTEM INFORMATION SIZE OF SEPTIC TANK sWIaas DRAINFFELD square rootsp OTHER square rootage APPROXIMATE DATE OF SEWAGE SYSTEM INSTALLATION INSTALLER WATER SUPPLY: SINGLE FAMILY WELL MUMCIPAUCOMMUNITY(NAME) Cliy ofPasco LSE REVERSE SIU1F,FOR PLOT PLAN OR ATTACH ON A SEPARATE PAGE MAIL REPORT TO: NAME: UAP Distribution Won; Dave Fifers) ADDRESS PO 2778 CITYJSTATEMP Pasco WA 9930 pet<rxtt���iip , Si FOR DEPARTNUNT isle ONLY DATE TANK PUMPED 12-27-06 NAM$OF SEPTIC TANK PUMP C1ifF tic DATE OF SITE EVALUATION 12-27-06 EVALUATOR Df EVALUATION FINDINGS IPIDICATE: Chris PI Continued use of the system is appropriate for the existing shop provided the daily design flow does not exceed 240 gaUday(maximum of 12 employees& 10 visitors)and the shop is connected to an approved public water supply. BFHD-EH-PC 0 18(Rov.0.92.I-96,4�s,12-94j ti ` I i i O 112 riRl a� 9a+z U ^ • t0 co i 1N3N35b'3.(1IM17,91 o C) (10 m I low rn �G~I m MCI N N �+ m � 1 O 9Z — L dS o o . l ' CQ_ O to e O CQ s V � 0 �ON N A AGENDA REPORT TO: City Council March 22, 2007 FROM: Gary Crutchfi i anager Workshop Mtg.: 3/26/07 Regular Mtg.: 4/02/07 SUBJECT: TRAC Opera 'ng Subsidy (2006) I. REFERENCE(S): 1. Memorandum from TRAC Manager to City Manager II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 3/26: Discussion 4/02: MOTION: I move to approve the 2006 TRAC operating deficit increase of$61,466 and authorize payment thereof to Franklin County and, further, direct that the expenditure be included in the 2007 year end supplemental budget. III. FISCAL IMPACT: Additional expense in the TRAC operating fund will effectively require subsidy from the general fund in that amount at year end. IV. HISTORY AND FACTS BRIEF: A) The city is obligated, by contract, to share (50-50) the operating deficit of the TRAC facility each year. That deficit has ranged from a low of about $200,000 to as much as $700,000; the recent trend has been in the $300,000 range annually. B) Due principally to some accounting errors by the County last year (which were discovered late in the year and led to higher than anticipated expenses), the actual 2006 operating deficit totaled $616,000. The 2006 TRAC operating budget, however, anticipated a loss of only $293,000. Consequently, the 2006 TRAC operating budget was overspent by $323,000. C) Franklin County has offset most of the extraordinary deficit but a portion has been requested from the city (in addition to the budgeted share of$147,000). Please refer to reference 1. V. DISCUSSION: A) The County has acknowledged its responsibility for the accounting errors by accepting responsibility for $200,000 more than the share billed to the city. In view of the County's acknowledgement, staff recommends Council approval of the additional expenditure. io(b) MAR 2 2 2007 To: Gary Crutchfield From: Troy Woody Cc: County Administrator, Commissioners RE: TRAC Centers 2006 subsidy overage Gary as we discussed, TRAC Center required more subsidies for the 2006 year than originally planned. The primary issues is the discovery of accounting errors in November/December which did not provide us any opportunity to try to make up costs in other areas as year was essentially over. Those errors showed us to have more revenues then we really had so we had spent more on expense end believing that we had the additional revenue to cover those expenses. Revenue issues: Early in the year our previous accountant booked revenues twice,which we found in late October early November, and that was a negative impact of$77,000 out of revenues. Roughly the same time the Auditors office removed $80,000 that was in the 2006 revenues but was 2005 monies and would normally have been moved in January. Thus the reason it did not get caught earlier is that the two "errors"were offsetting. The impact was a loss of$157,000 in revenues that were on our books. Expense issues: (some of the highlights) Energy cost exceeded budget by$80,500. Benefit's costs were over budget by $27,000. Commissions to Holiday Inn Express were over budget by$22,000 Summary: Actual 2006 Net Operating Loss: $616,270 Budgeted Operating Loss: $293,333 Variance or additional Loss: $322,933 Franklin County's Impact: $261,467 City Pasco Impact: $ 61,466 Clearly you can see the overage is considerable more than the $61,466 portion that the City is being billed. The Commissioners felt that the unexpected accounting oversights were not the City's responsibility and therefore chose to take a larger portion of the overage. AGENDA REPORT TO: City Council March 23, 2007 FROM: Gary Crutch anager Workshop Mtg.: 3/26/07 Regular Mtg.: 4/2/07 SUBJECT: T-Mobile Cell Site License Agreement I. REFERENCE(S): 1. Proposed Site License Agreement II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 3/26: Discussion 4/2: MOTION: I move to approve the Site License Agreement with T-Mobile West Corporation and, further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: Increase in monthly rental of$600/monthly for the first five years; additional rental to be negotiated for second five-year period. Water/sewer fund. IV. HISTORY AND FACTS BRIEF: A) T-Mobile entered into a license agreement with the city to install a cell phone communication facility on the city's water tower in 2001. The former license agreement required a monthly rental fee of$800 in addition to a one-time $20,000 "move-in" fee. As the water tower is owned by the water/sewer fund, all fees collected by the city accrue to the benefit of the water/sewer fund. B) The original five-year license agreement expired at the end of August 2006. T- Mobile and the city representatives have been negotiating a successor agreement for several months, concluding with the proposed license agreement presented herewith. C) The proposed license agreement consists of two five-year terms, the first of which requires rental payment at the rate of$1,400/month. The second five-year term, at the option of T-Mobile, may be renewed but only upon mutually-agreed monthly rental fee. V. DISCUSSION: A) Given that there is no physical change expected as a result of the new license agreement and the financial benefit to the city utility fund reflects market value, staff recommends Council approval. 10(c) Recorded at the Request of: City of Pasco 525 North 3rd Pasco, WA 99301 COMMUNICATION SITE LICENSE AGREEMENT THIS COMMUNICATION SITE LICENSE AGREEMENT ("Agreement") dated September 1, 2006 (the "Effective Date"), between CITY OF PASCO, a Washington Municipal Corporation, hereinafter referred to as "Licensor", and T-MOBILE WEST CORPORATION, a Delaware Corporation, hereinafter referred to as "Licensee." For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Communication Site. Licensor is the owner of real property legally described in Exhibit A, attached hereto and incorporated herein by this reference, upon which is located a municipal water tower designated as the "Old Tower" which will be the sole platform to which this license applies, generally located at Road 68 and Broadmoor Road in Pasco, Franklin County, Washington (the portions of the real property and Old Tower being licensed under this Agreement are referred to herein as the "Premises"). 2. Intentionally Deleted. 3. Use. The Premises may be used by Licensee for any lawful activity in connection with the provision of wireless communication services, including the construction, maintenance and operation of related communication facilities. Licensee, at its sole expense, shall secure all necessary licenses, permits and all other necessary governmental approvals for its intended uses of the Premises. Licensor shall, cooperate with Licensee in providing the necessary information for the completion of such applications,required licenses,permits and approvals. 4. Term. The initial term of this Agreement shall be for a period of five (5) years commencing on September 1, 2006, and expiring on August 31, 2011, unless earlier terminated as provided herein. Licensee shall have the right to extend the term of this Agreement for one (1) additional five (5) year renewal term on the same terms and conditions set forth herein, except the license fee shall be the fair reasonable rental value of the premises as negotiated Communication Site License Agreement- 1 between the parties. Licensee shall provide Licensor notice of Licensee's intent to renew at least thirty(30) days prior to the expiration of the initial term of this Agreement. 5. License Fees. During the initial term, Licensee shall pay to Licensor as license fee Fourteen Hundred Dollars ($1,400.00) per month. License fees are payable to Licensor at 525 North 3rd, Pasco, Washington 99301. In the event any payment required under this Agreement is not paid within thirty (30) days of the date due, this failure shall constitute a default of this Agreement, a late fee in an amount equal to five percent (5%) of the delinquent fee, shall be assessed and the balance shall accrue interest at the rate of 12% per annum until paid in full. 6. Improvements. Licensee shall provide Licensor, in advance of construction, plans and specifications for Licensee's improvements and related facilities to be located upon the Premises for Licensor's prior approval, which approval shall not be unreasonably withheld. Upon such approval, Licensee shall have the right to construct, maintain, install, repair, secure, replace, remove and operate on the Premises, radio communication facilities, including but not limited to utility lines, transmission lines, ice bridge(s), electronic equipment, transmitting and receiving antennas, microwave dishes, and equipment to be located upon the Old Tower; and air conditioned equipment shelters or cabinets, power generator and generator pad, and supporting equipment and structures thereon to be located within the equipment building located upon the ground space referenced above (collectively, the "Licensee's Facilities"). In no event shall antennas, dishes, or other reception devices be located upon the equipment building. In connection therewith, Licensee has the right to do all work necessary to prepare, add, maintain and alter the Premises, so long as it does not impair or interfere the use of the site by other licensees, for Licensee's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. All of Licensee's construction and installation work shall be performed in accordance with the plans and specifications approved by the Licensor, at Licensee's sole cost and expense, in a good and workmanlike manner and conforming with all Federal Communications Commission ("FCC") rules and regulations. Title to the Licensee's Facilities and any equipment placed on the Premises by Licensee shall be held by Licensee and shall not be considered fixtures. Licensee has the right to remove the Licensee's Facilities on or before the expiration or the earlier termination of this Agreement, and Licensee shall promptly repair any damage to the Premises caused by such removal. Upon the expiration or earlier termination of this Agreement, Licensee shall remove the Licensee's Facilities from the Premises returning those portions of the Premises to a clear, graded and in good condition. Upon loss of governmental licensing or abandonment of the Licensee's Facilities resulting in Licensee failing to conduct communication operations at the site for six (6) months or longer, Licensee shall immediately remove the Licensee's Facilities at its sole expense. Licensee shall maintain its portion of the Premises in a clean, secure and in a condition free of accumulation of weeds and debris. Licensee shall design and construct its facilities in such a manner as to withstand seismic, ice and wind loads and such other hazards as may be reasonably expected to affect the Premises. Communication Site License Agreement-2 Licensor acknowledges and agrees that Licensee's Facilities were installed on the Premises pursuant to a prior agreement between Licensor and Licensee (or its predecessor in interest) and Licensor approves of such installation in all respects. Licensee shall construct at its expense, modifications in the exterior security fencing to provide access to its onground equipment facility in a manner and configuration as approved by Licensee which will allow Licensee access to its equipment facility without jeopardizing the integrity of the Licensor's water tower security and in compliance with the applicable Homeland Security Regulations in affect. 7. Access and Utilities. 7.1 Licensor shall provide Licensee, Licensee's employees, agents, contractors, subcontractors and assigns with access to the Premises, consistent with the Homeland Security Regulations in place affecting the Premises. Licensor shall permit access to Licensee's onground equipment facility outside of the security area, including keys for locking gates and barriers, twenty-four (24) hours a day, seven (7) days a week, at no charge to Licensee. Licensor grants Licensee, and Licensee's agents, employees and contractors, a non-exclusive right of entry for pedestrian and vehicular ingress and egress to the Premises upon easements held by the Licensor and on the Premises for Licensee's site. Licensee shall maintain the security of the Premises by locking all gates upon completion of their entry. Licensee shall be permitted access within the Licensor's water tower security area only upon compliance with the Homeland Security Regulations applicable to the facility including escort and supervision within the security area and upon the water tank by a Licensor's authorized representative. Licensor shall provide Licensee a contact number, 24-hours per day, seven days per week for emergency or other access within the secured area. Licensee shall pay all additional costs incurred by the Licensor for overtime or other actual costs necessitated for access to the facility security area at times other than the normal working hours of the Licensor. 7.2 Licensor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Licensor shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Licensee's use of such roadways. 7.3 Licensee shall pay for the electricity it consumes in its operations as charged by the local utility provider. Licensee shall have the right to draw electricity and other utilities from the existing utilities on the Premises or obtain separate utility service from any electric utility provider that will provide service to the Premises, including a standby power generator for Licensee's exclusive use. In connection therewith, Licensee hereby grants to the local telephone, power and utility companies (as appropriate) non-exclusive rights to locate, construct, install, operate, maintain, repair, alter, extend, and/or remove cables and lines on, over and across a portion of the Licensor's Premises as necessary or desirable therefore. Licensor agrees to sign such documents or easements, at no cost to Licensee or the utility companies, as may be required by said utility companies to provide such service to the Premises. Any easements or rights necessary for such power or other utilities will be at locations reasonably acceptable to Licensor and the servicing utility company. Communication Site License Agreement-3 8. Interference. Licensee shall operate Licensee's Facilities in compliance with all FCC requirements including those prohibiting interference to communications facilities of Licensor or other licensees of the Premises, provided that the installation and operation of any such facilities predate the installation of the Licensee's Facilities. Subsequent to the installation of the Licensee's Facilities, Licensor will not, and will not permit its licensees to, install new equipment on or make any alterations to the Premises, if such modifications are likely to cause interference with Licensee's operations. In the event interference occurs, Licensor agrees to use best efforts to eliminate such interference in a reasonable time period. 9. Taxes. Licensee shall pay any personal property taxes assessed against Licensee's Facilities and Licensor shall pay when due, all real property taxes and other taxes, fees and assessments attributed to the Premises. 10. Termination. 10.1 This Agreement may be terminated without further liability as follows: (i) by Licensor if Licensee fails to pay any license fee or other payment required hereunder within ten (10) days after receiving written notice of such failure from Licensor, or (ii) by either party upon a default of any non-monetary covenant or term hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of default, except that this Agreement shall not be terminated if the default cannot reasonably be cured within such thirty (30) day period, and the defaulting party has commenced to cure the default during that period and diligently pursues the cure to completion. 10.2 This Agreement may also be terminated by Licensee without further liability on thirty(30) days prior written notice: (i) if Licensee is unable to reasonably obtain or maintain any certificate, license, permit, authority or approval from any governmental authority, thus, restricting Licensee from installing, removing, replacing, maintaining or operating the Licensee's Facilities or using the Premises in the manner intended by Licensee; (ii) if Licensee determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength, coverage or interference, or (iii) or Licensee otherwise determines, within its sole discretion, that it will be unable to use the Premises for Licensee's intended purpose. 11. Destruction or Condemnation. If the Premises or Licensee's Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Licensee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to the Licensor no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. 12. Insurance; Subrogation; and Indemnity. 12.1 Licensee shall provided Commercial General Liability Insurance providing for bodily injury, death and property damage in a combined single limit of not less than One Million Dollars and No Cents ($1,000,000.00) per occurrence. Such insurance shall insure, on an Communication Site License Agreement-4 occurrence basis, against all liability of the Licensee, its employees, and agents arising out of or in connection with the Licensee's use of the Premises. Licensor shall be named as an additional insured on Licensee's policy of insurance, and Licensee shall provide Licensor a Certificate of Insurance evidencing coverage required by this paragraph within thirty (30) days after the date this Agreement is signed by both parties. Licensor shall be notified by Licensee or its insurer of any cancellation, termination or the lapse of any policy required herein within thirty (30) days prior to the termination of the coverage. 12.2 Licensor and Licensee hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first-party property insurance policies for all perils insured thereunder. In the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. 12.3 Licensor and Licensee shall each indemnify, defend and hold the other harmless from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses) arising from the indemnifying party's breach of any term or condition of this Agreement or from the negligence or willful misconduct of the indemnifying party or its agents, employees or contractors in or about the Premises. The duties described in this Paragraph 12.3 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. 13. Assignment. Licensee may not assign or otherwise transfer all or any part of its interest in this Agreement or Licensee's Facilities without the prior written consent of the Licensor, which will not be unreasonably withheld, conditioned or delayed; provided, however, that Licensee may assign its interest to a parent company, any subsidiary or affiliate or to any successor in interest or entity acquiring fifty-one percent (51%) or more of the stock or assets, subject to any financing entities' interest, if any, in this Agreement as set forth in paragraph 14(b) below, or in connection with the transfer of Licensee's FCC authorization to operate a commercial mobile radio base station at the site. Licensor may assign this Agreement upon written notice to Licensee subject to the assignee's assuming all of Licensor's obligations herein, including but not limited to those set forth in paragraph 14 below. Licensee shall not sublicense or permit the use by others of any portion or all of Licensee's site to one or more entities for communication or other uses without the written consent of the Licensor, which consent shall not be unreasonably withheld. Licensee shall, however, have full rights to mortgage, pledge, hypothecate or otherwise assign this Agreement and Licensee's Facilities to any financing entity or agent on behalf of any financing entity to which Licensee (i) has obligations for borrowed money or in respect of guarantees thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, banker's acceptances and similar security instruments or guaranties. Communication Site License Agreement-5 14. Waiver of Licensor's Lien. (a) Licensor hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Licensee's Facilities or any portion thereof, which for the purposes of this Agreement are conclusively construed as Licensee's personal property and not fixtures. (b) Licensor acknowledges that Licensee may have entered into or may enter into financing arrangements, including Promissory Notes, Security Agreements and Financing Statements for the financing of the Licensee's Facilities with a third party financing entity. In connection therewith, Licensor (i) consents to the installation of Licensee's Facilities subject to security interests; (ii) disclaims any interest in Licensee's Facilities, its fixtures or otherwise; (iii) agrees that the Licensee, or any entity holding a security interest therein, may remove Licensee's Facilities at any time without recourse to legal proceeding. Neither Licensee, nor any financing entity granting a security interest in Licensee's Facilities, shall have any right to claim any interest in real property by lien or by permissive possession other than as provided in this Agreement. 15. Title and Quiet Enioyment. Licensor represents and warrants that (i) it has full right, power, and authority to execute this Agreement, (ii) Licensee may peacefully and quietly enjoy the Premises and such access thereto, provided that Licensee is not in default hereunder after notice and expiration of all cure periods, (iii) it has obtained all necessary approvals and consents, and has taken all necessary action to enable Licensor to enter into this Agreement and allow the Licensee to install and operate the Licensee's Facilities on the Premises, including without limitation, approvals and consents as may be necessary from other tenants, licensees and occupants of Licensor's property, and (iv) the Premises and access rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date. 16. Environmental. As of the Effective Date of this Agreement: (1) Licensee hereby represents and warrants that it shall not use, generate, handle, store or dispose any Hazardous Materials in, on, under, upon or affecting the Premises in violation of any applicable law or regulation, and (2) Licensor hereby represents and warrants that (i) it has no knowledge of the presence of any Hazardous Materials located in, on, under, upon or affecting the Premises in violation of any applicable law or regulation; (ii) no notice has been received by or on behalf of Licensee from governmental entity or any person or entity claiming any violation of any applicable environmental law or regulation in, on, under, upon or affecting the Premises; (iii) it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Materials, in, on, under upon, or affecting the Premises in violation of any applicable law or regulation. Without limiting Paragraph 12.3, Licensor and Licensee shall each indemnify, defend and hold the other harmless from and against all losses (specifically including, without limitation, reasonable attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i) any breach of any representation or warranty made in this paragraph by such party; and/or (ii) environmental conditions or noncompliance with any applicable law or regulation that result, in the case of Licensee, from operations in or about the Premises by Licensee or Licensee's agents, employees or contractors, and in the case of Licensor, from the ownership or control of, or operations in or about, the property by Licensor or Licensor's predecessors in interest, and their respective agents, employees, contractors, tenants, guests or other parties. The provisions of this paragraph shall apply as of the Effective Date of this Agreement and survive termination of this Agreement. "Hazardous Materials" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or Communication Site License Agreement-6 contaminants or terms of similar import, as such terms are defined in any applicable environmental law or regulation, and shall include, without limitation, any petroleum or petroleum products or by-products, flammable explosive, radioactive materials, asbestos in any form, polychlorinated biphenyls and other substance or material which constitutes a threat to health, safety, property or the environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any applicable environmental law or regulation. 17. Notices. All notices, requests, demand and other communication hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for next-business-day delivery by nationally recognized overnight carrier to the following addresses: If to Licensor: City of Pasco Attn: Robert Alberts 525 North 3rd Pasco, WA 99301 Telephone:(509) 545-3444 Fax: (509) 543-5757 With a copy to: Leland B. Kerr Paine, Hamblen, Coffin, Brooke &Miller, LLP 7025 West Grandridge Blvd., Suite A Kennewick, WA 99336 Telephone: (509) 735-1542 Fax: (509) 735-0506 If to Licensee: T-Mobile West Corporation Attn: Lease Administrator 19807 North Creek Parkway North Bothell, WA 98011 Telephone: ( ) Fax: ( ) With a copy to: T-Mobile West Corporation Attn: PCS Lease Administration 12920 SE 38th Street Bellevue,WA 98006 Telephone: ( ) Fax: ( ) Communication Site License Agreement- 7 Licensor or Licensee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery. 18. Marking and Lighting. Licensee shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC to the extent such requirements relate solely to the installation and use of Licensee's Facilities on the Premises. Should Licensee be cited because Licensee's Facilities are not in compliance and should Licensee fail to cure the condition of noncompliance, Licensor may either terminate this Agreement or proceed to cure the conditions of noncompliance at Licensee's expense, which amounts shall be assessed against Licensee together with interest at the rate of one percent (1%) per annum. 19. Miscellaneous. 19.1 For the purposes of this Agreement, time shall be of the essence. 19.2 In the event of a dispute concerning the breach, interpretation, or enforcement of this Agreement, the party deeming themselves aggrieved, shall immediately notify the other for the purposes of meeting in a good faith attempt to resolve the dispute. In the event the parties are unable to promptly resolve the dispute, the dispute shall be construed and resolved under the laws of the State of Washington, and the substantially prevailing party in any litigation shall be awarded its reasonable attorney's fees and costs. 19.3 If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to the persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 19.4 This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. 19.5 This Agreement constitutes the entire Agreement between the parties, and supersedes all understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments, modifications or waivers of any of the terms and conditions of this Agreement must be in writing and executed by both parties. No provision of this Agreement will be deemed waived by either party unless expressly waived in writing by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provision of this Agreement shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. The persons who have executed this Agreement represent and warrant that they are duly authorized to execute this Agreement in their individual or representative capacities as indicated. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Communication Site License Agreement- 8 IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date first written above. LICENSOR: LICENSEE: CITY OF PASCO T-MOBILE WEST CORPORATION By: By: Name: Gary Crutchfield Name: Kautilya Lanba Title: City Manager Title: Area Director, Engineering & Operations Date: Date: Tax I.D.: Tax I.D.: Communication Site License Agreement-9 STATE OF WASHINGTON ) ss. County of Pasco ) On this day personally appeared GARY CRUTCHFIELD, City Manager of the City of Pasco, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2007. Print Name Notary Public in and for the State of Washington Residing at My Commission Expires: STATE OF WASHINGTON ) ss. County of KING ) On this day personally appeared KAUTILYA LANBA, Area Director, Engineering and Operations, of T-MOBILE WEST CORPORATION, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2007. Print Name Notary Public in and for the State of Washington Residing at My Commission Expires: Communication Site License Agreement- 10 AGENDA REPORT NO. 30 FOR: City Council DATE: 3/27/07 TO: Gary Crutchfi Manager WORKSHOP: Richard J. Sm' ector v' ` REGULAR: 4/2/07 Community an Economic Development FROM: David I. McDonald, City Planner) -i._i SUBJECT: SPECIAL PERMIT: Location of a Church (Church of Jesus Christ of Latter-Day Saints)(5700 block of Porto Lane (MF# SP07-001) I. REFERENCEISI. A. Report to Planning Commission B. Planning Commission Minutes: Dated 2/ 15/07 8s 3/ 15/07 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the Church of Jesus Christ of Latter-Day Saints to locate a new church in the Northwest Commons subdivisions, as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On February 15, 2007 the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for the location of a new LDS church on Porto Lane in the Northwest Commons subdivision. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the proposed church. The recommendation conditions are contained in the attached Planning Commission report. C. This proposed special permit is somewhat unique in that the proposed church site is not fully developed. The site is partially included in Phase 2 and Phase 4 of the Northwest Commons development. Streets and utilities have been constructed in Phases 1 and 2 and the developer is in the process of applying for final plat approval of Phase 1. Phase 2 will follow shortly thereafter. The sales and purchase agreement between the church and the developer requires the developer to complete all infrastructure improvements around the church site prior to the church purchasing the property. The infrastructure improvements will be completed this year and the church construction will begin in 2008. Condition number 10 as recommended by the Planning Commission also requires the installation of public infrastructure in conjunction with or prior to the construction of the church, D. No written appeal of the Planning Commission's recommendation has been received. 10(d) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP-07-001 APPLICANT: LDS Church HEARING DATE: 02-15-07 50 E. North Temple ACTION DATE: 03-15-07 Salt Lake City, UT 84150 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a Church in a Residential District 1. PROPERTY DESCRIPTION: Legal: 7.2 acres in the North half of the Southeast quarter of the Northwest quarter of Section 11, Township 9 North Range 29 East W.M. General Location: 5700 block of the future Porto Lane, 500 feet north of Sandifur Parkway. Property Size: 7.2 Acres 2. ACCESS: The site will have access from the future Porto Lane and a local collector street. The main entrances to the church will be off Porto Lane. 3. UTILITIES: .Municipal water and sewer are available to the site from the right-of-way adjacent the south line of the property. 4. LAND USE AND ZONING: The property is currently zoned R-S-1/PUD (Planned Unit Development with a Residential Suburban designation). The surrounding property is also zoned R-S-1/PUD and being developed as the Northwest Commons subdivision. The surrounding properties will contain single family dwellings and a neighborhood park. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the property and surrounding areas for low-density residential development. The plan does not specifically address churches, but various elements of the plan encourage adequate provision of off-street parking and locating businesses in appropriate locations for their anticipated uses. Policies of the plan also encourage the location of facilities for educational and cultural activities in the City. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a Determination of Nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21 (c) (RCW). ANALYSIS The application involves the construction of a new church with associated parking, a ball field and picnic pavilion on a 7 acre site within the Northwest Commons Development. The site is located about 500 feet north of Sandifur Parkway at the corner of the future Porto Lane and the east/west neighborhood collector through the subdivision. The proposed church building will contain 24,480 square feet of floor area divided into a worship area (chapel/sanctuary), a gymnasium, classrooms and office space (see attached floor plan). Approximately 80 percent or more of the building is occupied by the gymnasium, offices and classrooms. The municipal code requires one parking space for every 10 linear feet of pews. The proposed church has approximately 451 linear feet of pews (including the choir seats). This seating will require a minimum of 45 parking spaces. The church is proposing to construct 303 parking spaces. The proposed parking lot will be surrounded with landscaping and will contain landscaped islands. Most of the traffic generated by the church will occur on Sunday mornings and/or on a couple weekday evenings when little other traffic occurs on local streets. The proposed church site is located in a phase of the Northwest Commons subdivisions that was approved for the development of 55 dwelling units. Fifty-five single family dwelling units will generate about 550 vehicle trips a day or over 3,000 vehicle trips in a week. While the site is only partially developed, either the developer of the subdivision, or the church will have to construct all right-of-way improvements prior to occupancy of the church. This will require dedication of all right-of- way for adjoining streets and the necessary (curb, gutter, sidewalk, and utilities etc.) improvements. This property is located in the I-182 overlay zone. Said zone requires a higher standard for design and construction than in other areas of the community. All commercial and multi-family buildings with in this zone must comply with the higher standards. Only single-family homes are exempt from the standards. In as much as churches are similar to commercial buildings under the International Building Code it would be appropriate for churches to follow the I-182 overlay standards. The proposed church will have an exterior of brick, stucco and glazing and will have more than three distinct architectural features per elevation. The surround grounds and parking lot will be heavily landscaped with 100 percent of all front yard set back areas treated with live vegetation. The elevations for the proposed church indicate the peak of the roof will be 31 feet high. Building heights by the code are measured from the mid-point between the ridge line of a roof and the eaves. In this case the mid-point is about 23 feet. The underlying R-S-1 zoning permits structures to be built to an average height of 25-feet. The applicant also indicated the steeple mounted on the roof will extend forty feet about the ridge of the roof line. The municipal code permits structures in excess of 25 feet within the R-S-1 provided they are approved through the special permit process. An example of a recently approved special permit for a church with a steep roof line and tall steeple is the Seventh Day Adventist church on East Adelia Street. The SDA church was granted a special permit to install a 32 foot steeple on the roof of a 12,000 square foot building. Churches are typically located in or adjacent to residential zoning districts within the city. The operational history of churches within Pasco has shown churches generate very few complaints from adjoining property owners. Churches are generally well maintained and add to the overall appearance and character of the community. INTIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Churches are unclassified uses and require review through the special permit process prior to locating or expanding in any zoning district. 2. The proposed church site is zoned R-S-1. 3. The proposed site is located on the corner of the entry street (Porto Lane) for Northwest Commons and the east/west neighborhood collector street. 4. Not all of the improvements surrounding the site have been installed (streets, curb, gutter, sidewalk, street lights, etc.). 5. An occupancy permit can not be approved until the streets and public infrastructure have been completed around the site. 6. A 5.5 acre neighborhood park will be located directly west (across Porto Ln.) of the proposed church. 7. The main driveways to the church will be located on Porto Lane. 8. Churches are typically located in residential zoning districts within Pasco 9. The operation of churches within residential districts of Pasco generates few complaints from residential neighbors. 10. The proposed church will contain 24,000 square feet 11. The chapel area of the building occupies about 20 percent of the building. 12. A full size gymnasium is located in the center of the church building. 13. The chapel area contains 451 lineal feet of fixed seating in the form of pews. 14. The Municipal Code (PMC 25.78.170) requires one off street parking space for every 10 lineal feet of bench (pew) seating in a church 15. The Municipal Code requires the proposed church to have a minimum of 45 parking spaces. 16. The church is providing 303 parking spaces. 17. The proposed church will have exterior finishes of brick, stucco and glazing with at least three architectural features per elevation. 18. The proposed church building includes a steeple that may be approved as a part of this Special Permit process. 19. Due to the location of the site, the proposed steeple will require FAA approval and/or approval by the Tri-Cities Airport. 20. The church building and all parking areas will meet or exceed the front yard set back requirements for the R-S-1 District. 21. The church site will be fully landscaped. TENTATIVE CONCLUSIONS BASED ON INTIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Policy LU-1- encourages the continuous actions to improve the City's physical environment. The proposed church will meet or exceed the design standards and landscaping requirements for the I-182 corridor area. Policy LU-2-B encourages the support of facilities for educational and cultural activities. 2) Will the proposed use adversely affect public infrastructure? The proposed use will not have an adverse impact on public infrastructure. The proposed church will create less of a demand on public utilities than the 50 plus dwellings authorized by the PUD approval. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The intended character of the general vicinity is residential. Churches are typically located in or near residential areas and add to the character of a neighborhood. The proposed church will maintain or exceed the front yard setbacks for all buildings and parking facilities. The site will be extensively landscaped to complement the future park and residential lots to be built in the neighborhood. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The presence of churches in residential neighborhoods in other parts of the community has not discouraged potential residential development or impaired the value of residential properties. The development of Ivy Glades south of the Pasco Nazarene church and the development of the Wilson Meadows subdivision south of the LDS Church on Rd 108 are examples. A search of the Franklin County Assessor's records for these neighborhoods indicates values have not been impaired do to the location of nearby churches. 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 development of new subdivisions and construction of new homes adjacent existing churches indicates churches in residential neighborhoods are not objectionable to permitted uses. Churches are used infrequently, generally two or three days a week and generate traffic during off peak times such as on Sunday mornings and a couple of evenings during weekday. Churches are generally well maintained and contain well landscaped front yards. 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? Churches are generally accepted uses in or near residential neighborhoods. Past history of church operations within the City has shown they do not endanger public health or safety. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the March 15, 2007 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to Church of Jesus Christ of Latter-Day Saints to build a church on Porto Lane in the Northwest commons subdivision with conditions as contained in the March 15, 2007 staff report: 1) The special permit shall be personal to the applicant. 2) The property shall be developed in substantial conformance with the site plan submitted including the "legacy" building style and footprint as provided in the special permit application, except as herein modified. 3) The parking lot shall contain at least 260 parking spaces. 4) No portion of the parking lot shall be permitted to be closer than 20 feet from a street right-of-way line. 5) All parking lot set back areas shall be landscaped with 100 percent live vegetation. 6) The church building shall conform to the I-182 design standards contained in PMC 25.58. 7) No lava rock is permitted in mulched landscaping beds. 8) All parking lot lighting must be directed down toward the parking lot and not adjacent properties. 9) The church must provide written proof of FAA approval for the steeple prior to issuance of a building permit. 10) All necessary right-of-way improvements including but not limited to installation of curb gutter and sidewalk, street lights, handicapped ramps, signage, striping, street drainage and fire hydrants must be installed in conjunction with or prior to the construction of the church. 11) Only one driveway is permitted on the street to the south. 12) The special permit shall be null and void if a building permit has not been obtained by April 2, 2009. Vicinity Item: Special Permit --Church in R- 1 Map Applicant: LDS Church N File #: SP 07-001 i CITY LIMITSw k EF f 7. i ' ay a 4 j d'v a Y � ~ r. r i . t } rn� � Ea RP .. ��". .. i I I I . t £��. Land in Item: Special Permit --Church R- 1 Use Applicant: LDS Church N Map File #: SP 07-001 LIMITS Future Single-Family Open Spaced , Residential = ar' CL A drport 4 P i ;•�� .` i O , v I , --, - TURE SANDIFUR PKWY --- -- Single-Family - -- Residential io z _ } 1 O I LAREDO DR J -)CD L_.L - N i ! IW - ( N Item: Special Permit --Church in R- 1 Zonin g LDS Church N Map File #: SP 07-001 CITY LIMITS i i i i i R-S- 1 R-S- 1 /PUD C: U) FRj m J. 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Special Permit Location of a Church in a Residential District (LDS Church) (5700 Block of Future Porto Lane) (MF# SP07-001) Chairman McCollum read the master file number and asked the Staff for a report. Staff stated notice of the hearing had been published in the newspaper and mailed to adjacent property owners. The special permit application was for a new church in a residential (R-S-1) zone, on a 7.2 acre parcel located North of Sandifur Parkway and East of Rd 52. The proposal includes a church building, associated parking, a ball field and picnic pavilion. The site is across the street from a future 5.5 acre park and within the Northwest Commons residential subdivision. The proposed site was originally designated for fifteen single family residential lots, and forty single family attached residential properties as part of the Northwest Commons development. The church building would include a sanctuary, a full sized gymnasium, classrooms and offices. The sanctuary includes 451 linear feet of pew seating, which would require 45 parking spaces. The proposal includes three hundred parking spaces. The exterior building design meets the requirements of the I-182 Overlay design standards. The building also includes a steeple that has a total height of 70'-3". Approval of the steeple height would be included in approval of the Special Permit. Staff recommended that the applicant be required to provide evidence of approval of the steeple height by the FAA and or the Tri Cities Airport prior to issuance of building permits. Additionally, right-of-way improvements (street, gutter, sidewalks, etc.) would be required to be completed prior to issuance of a Certificate of Occupancy. Commissioner Samuel asked if the church were not to be built, what would the land be utilized for. Staff responded that the land would then be utilized in the configuration approved with the Northwest Commons subdivision plan; fifteen individual lots and forty single family-attached homes. Commissioner Little asked if there are regulations that would limit the height of the steeple. Staff responded that the Special Permit would include approval of the steeple which exceeds the allowable building height limit in the R-S-1 zone. Commissioner Samuel asked what the height limit is in the R-S-1 zone. Staff responded that the height limitation in the RS-1 zone is twenty-five feet. However with approval of a Special Permit, an increased height can be permitted. Commissioner Samuel asked if there is anyone living in the development at this time. Staff responded that there are no residents in the subdivision at this time. Commissioner Little stated that he recalled there was a concern regarding providing sewer service to all of the lots within the subdivision at the time of it's approval. He wondered if eliminating the 55 living units the church will displace will lessen the burden on the sewer facilities in the area. Staff responded that they would have to get more information regarding the sewer system and report back to the Commission at the next meeting. Chairman McCollum opened the Public Hearing and asked if there was anyone present who wished to speak on this matter. George Stecker, 122 Warren Acres Road, Yakima, WA introduced himself as the consulting architect for the church on this application., He stated that they have obtained verbal approval from the FAA, and will follow up with written documentation of their approval for the steeple height. With regard to the proposed landscape plan, Mr. Stecker requested that they be allowed to utilize rock rather than bark in the areas indicated as "mulched beds". Dan Purdue, 4808 Andora Court, Pasco, WA addressed the Commission and stated that he is the Bishop of one of the Wards that will utilize the proposed church facility. He stated that there would be little to no use of the facility six days of the week. There would be two to three congregations that would meet in this facility at staggered meeting times. There would not be any day care at the site, food banks, etc. Commissioner McCollum asked for clarification regarding the number of offices, and the gymnasium shown on the site plan. Mr. Purdue responded that each congregation has its own clergy; the offices would be utilized for those individuals. The gymnasium is used for youth activities, an occasional dinner meeting, etc. The facility would be for the church members only. Commissioner Hay asked for clarification on the use of the baseball field. Mr. Purdue responded that the baseball field would only be used during the daylight hours. The facility is utilized by the young adults of the congregations. Commissioner Little asked if the field would be open for use by the neighborhood. Mr. Purdue stated that he was unaware if this field would be utilized by outside individuals. However, the field at another LDS church in Pasco is utilized by a Little League team. For insurance purposes, the use of the field would be limited to structured, organizational type of use. Commissioner Samuel asked if the baseball field would be lighted. Staff confirmed that it would not be a lighted field. Commissioner Samuel asked if the field would be fenced (it currently faces the street). Mr. Purdue responded that an existing thirty-foot embankment would prevent balls from reaching the roadway. Mr. Stecker stated that the layout of the site recreational facilities could be changed if so desired. Steve Christensen, 4310 Sahara Drive, Pasco, WA, Bishop of the 2nd Ward stated that congregations in the area are growing and the church is therefore in need of additional facilities. He believes that the proposed location is a very good choice. He stated that the church does a good job maintaining their properties and is a good neighbor to surrounding properties. After three calls for public comment the Chairman closed the Public Hearing. Commissioner Hay moved to close the hearing on the proposed Special Permit and to initiate deliberations and schedule adoption of Findings of Fact Conclusions and a Recommendation to the City Council for the March 15, 2007 meeting. Commissioner Samuel seconded the motion; motion carried. Planning Commission Minutes 3/15/07 A. Special Permit Location of a Church in a Residential District (LDS Church) (5700 Block of Future Porto Lane) (MF #SP07-001) Vice Chairman Samuel introduced the item and explained that it had been presented at the last meeting. Staff noted that they had no additional information to provide the Commission. Commissioner Samuel asked for clarification regarding Item 7 in the Conditions of Approval; he wanted to know why lava rock (specifically) is prohibited in the landscaping beds. Staff responded that the site is within the I-182 Corridor Area and is similar to a commercial building. Commercial standards do not permit lava rock within landscape beds. Commissioner Rose commented that lava rock is not recommended in this area due to its characteristic of retaining heat; it doesn't perform the same function as a more traditional mulch material. Commissioner Anderson stated that he would be abstaining from the vote due to his absence from the last meeting. Commissioner Little moved to adopt the Findings of Facts and Conclusions there from as contained in the March 15, 2007 Staff Report. Commissioner Hay seconded the motion; motion carried unanimously (with Commissioner Anderson abstaining). Commissioner Little moved that based upon the Findings of Fact and Conclusions there from, the Commission recommend to the City Council that a Special Permit be granted with the special conditions as listed in the March 15, 2007 Staff Report. Commissioner Schouviller seconded the motion; motion carried unanimously (with Commissioner Anderson abstaining).