HomeMy WebLinkAbout2007.08.27 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. August 27, 2007
1. CALL TO ORDER
2. VERBAL REPORTS FROM COUNCILMEMBERS:
3. ITEMS FOR DISCUSSION:
(a) CD13G Program Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by
Angie Pitman, Block Grant Administrator.
(b) Edgar Brown Stadium Parking Lot:
1. Agenda Report from Gary Crutchfield, City Manager dated August 17, 2007.
2. Letter from Pasco School District to City Manager dated July 12, 2007.
3. Letter from Pasco School District to City Manager dated August 9, 2007.
4. Proposed lnterlocal Agreement.
(c) Urban Growth Boundary: Urban Growth Boundary Amendment(MI+#CP07-002):
1. Agenda Report from David McDonald, City Planner dated August 22, 2007.
2. Staff Memo and Report on the Urban Growth Boundary.
3, Planning Commission Minutes Dated July 19,2007 and August 16, 2007.
4. Map of Existing Urban Growth Boundary.
5. Map of Recommended Urban Growth Boundary.
6. Proposed Resolution.
(Attachments "A"-"D" in Council Packets Only - Copies Available in Planning Of'lice or
Library for Public Review).
(d) Street Name Change for Billings Avenue(MF#INFO 07-047):
1. Agenda Report from David McDonald,City Planner dated August 22, 2007.
2. Proposed Ordinance and Vicinity Map.
3. Letter from Tippett Company.
(e) Authorization of New Position-Construction Manager:
1. Agenda Report from Robert Alberts, Public Works Director dated August 21, 2007.
2. Memorandum from City Engineer to Public Works Director dated August 13,2007.
3. Organizational Chart.
(t) Amendment No. 1 to Professional Services Agreement with JUB Engineers:
1. Agenda Report from Robert Alberts, Public Works Director dated August 21, 2007.
2. Vicinity Map.
3. Amendment No. 1 to Professional Services Agreement.
(g) Communication Site License Agreement-Clearwire US,LLC:
1. Agenda Report from Robert Alberts, Public Works Director Dated August 21, 2007.
2. Communication Site License Agreement.
(it) Capital Improvement Plan:
1. Agenda Report from Gary Crutchfield,City Manager dated August 17,2007.
2. Memorandum re: Peanuts Park Restrooms,dated April 20,2007.
3. Proposed Resolution,
4. OTHER ITEMS FOR DISCUSSION:
(a)
(h)
(c)
5. EXECUTIVE SESSION:
(a) Real Estate Acquisition.
(b)
(c)
6. ADJOURNMENT.
Reminders:
1. 4:00 p.m., Monday, August 27, Port of Benton - Hanford Area Economic Investment Fund Board
Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; JOE JACKSON, Alt.)
AGENDA REPORT
TO: City Council August 17, 2007
PROM: Gary Crutchfi Manager Workshop Mtg.: 8/27/07
SUBJECT: Edgar Brown S adium Parking Lot
I. REFERENCE(S):
1. Letter from Pasco School District to City Manager dated July 12, 2007
2. Letter from Pasco School District to City Manager dated August 9, 2007
3. Proposed Interlocal Agreement
LI. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
8/27: Discussion
III. FISCAL IMPACT:
To be determined
IV. HISTORY AND FACTS BRIEF:
A) The School District owns Edgar Brown Stadium, which functions as a major
community facility for a variety of sport activities. Although most are associated
with school in one way or another (Pasco Invite, high school football, soccer and
track, etc.) it is an important community venue. With the impending development
of a second high school on the west side of town, the District has made the
decision to share Edgar Brown Stadium for both high schools (in view of cost
constraints). Doing so will require additional improvements to accommodate
"home fans" on both sides of the stadium, including additional parking. The
District has requested city participation in the development of the additional
parking lot (see letter).
B) The city has assisted financially the redevelopment of the stadium by contracting
for the use of the new turf. The additional parking area on the east side of the
stadium will improve the opportunity for the District to conduct events at the
stadium which benefit the business community and, indirectly, increase tax
revenues to the city.
C) The improvement of the east parking lot and alley will substantially improve not
only the appearance of that property (perennially a problem with weeds and dust)
but will also improve the alleyway (city responsibility) and improve emergency
vehicle circulation in that immediate vicinity.
V. DISCUSSION:
A) Following the District's presentation to City Council at its July 30 workshop, the
District provided the follow up information contained in its August 9 letter
(reference No. 2).
B) The cost of improving Hassolo Street and the alley connecting it with Sylvester
Street, including typical curbing and driveways, is estimated (by city engineering
office) at $92,000. The city's compensation for the project, however, could also
include the value ascribed to the economic benefits of the WIAA and other major
events occurring at the stadium over time; such a value is suggested to be at least
$3,000/year (that represents the retail sales tax value to the city alone).
Unfortunately, there is no way to guarantee the events will continue or grow;
3(b)
thus, the economic benefit will likely prove over time to be more or less than the
estimate. Another option (in lieu of the event element) is to simply pay for a
portion of the parking spaces; those improvements are not on city property, so the
agreement would have to include a public use provision (in exchange for the city
compensation).
Q Given both the street and alley improvements and the local economic benefit of
WIAA and other events at the stadium, staff has prepared a draft interlocal agreement
which provides for city payment of$1 50,000 upon completion of the parking area
improvements, including street and alleyway. The agreement also calls for the
District to continue and expand, to the extent possible, the number of events
conducted at the stadium which would generate visitor traffic, local spending and
associated local economic and tax benefits.
PASCO SCHOOL DISTRICT NO. 1
C.L. Booth Education Service Center • 1215 West Lewis • Pasco,WA 99301
Telephone(509)543-6700 • FAX(509)546-2685
ESTABLISHED 188 5
-� - PASCO CITY HALL
RECEIVED
July 12, 2007 JUL 16 2007
CITY MANAGER'S
Gary Crutchfield OFFICE
City Manager
City of Pasco
525 North 3`d Street
Pasco, Washington 99301
Re: Edgar Brown Stadium
Dear Gary,
I know that the city is very aware of the many district projects that are currently
underway as a result of the passage of the 2006 capital bond. One of those projects
includes improvements to the Edgar Brown Stadium. The stadium houses local, state
and national events. With the opening of a second high school in the fall of 2009 the
district is continuing to follow the direction of its stakeholders to improve the stadium to
house two large high schools. The district is currently developing plans for the
improvement of the field house, east side seating for 2500, eastside restroorns and
concession area, and parking and entrance areas on the ea=st side. By developing some
141 additional parking stalls we hope to alleviate much of the parking in residential
areas. An additional benefit of having the east side parking and entrance area is that it
further strengthens Pasco's position to be awarded state events in the fall, winter, and
spring. Pasco currently hosts the State Cross Country Meet, 3A/4A State Track Meet,
Pasco Invitational Track Meet, and numerous state awarded play-off events. These
events bring thousands of visitors to Pasco each year. Having adequate parking is a
prime factor in being awarded events of this kind.
The district would like to inquire if the city would be willing to participate with the district
in funding for the east side parking area. Our goal is to have this parking area ready by
August 1, 2009.
We greatly appreciate the many years of the City of Pasco's involvement and support of
Edgar Brown Stadium and thank you very much for your consideration of this most
important project.
Respectfully,
&M-#A.A
Jchn M. Morgan
Planning Principal
Equal Opportunity Employer
PASCO SCHOOL DISTRICT NO. 1
C.L. Booth Education Service Center • 1215 West Lewis • Pasco,WA 99301
BSTABUSHBD 1885 Telephone(509)543-6700 FAX(509)546-2685
�'ASC0 CITY H&
RECEIVE®
2007,
August 9, 2007 CITY MANAGIER,,S
OFFOCE
Gary Crutchfield
City Manager
City of Pasco
PO Box 293
Pasco, WA 99301
RE: Edgar Brown Stadium Improvements
Dear Gary:
As we continue to develop Edgar Brown Stadium, our desire is to increase the number of
national, state and local events we host. This past year we have hosted the state cross
country meet, state 3A/4A track meet and state football and soccer playoffs. The stadium
also hosted the Cavalcade of Bands and a national drum and bugle corps exhibition.
We have been very fortunate in being awarded Washington Interscholastic Activities
Association(WIAA) fall and spring events that bring thousands of visitors to Pasco. As
we finalize the plans for the stadium, i will be visiting with Mike Colbrese, the Executive
Director of WIAA,to share our improvements to Edgar Brown Stadium. Additionally,
Amateur Athletic Union (AAU) track officials have contacted us about hosting events
during the summer.
The district continues its commitment to work closely with the city in hosting public
events that benefit the citizens we serve. If I can be of any further assistance, please feel
free to contact me at(509) 543-6098.
Sincerely,
()&1")0.2670"--
John Morgan
Planning Principal
Equal Opportunity Employer
�osHOOt o+ytge,
s
Kim Marsh 4e
Torn Brandon
Construction Projects Managar
Conuction Pr
WrwrshOpsd t.org siojects Menagar
509-543-6096 _ tbrandondllpsd t.arg
FSTABIJSHEO isss 509546-2806
Poseo gehooi Digtriet
Construetion Projoete
1215 Want Lewis
Paneo. WA 99301
Phone: 509-543-6095
Fax: 509-543-6715
EDGAR BROWN MEMORIAL STADIUM
Total Project Budget 213589000.00
Total Soft Cost -712,248.00
Total Construction Budget 1,645,652.00
Field House Additions/Improvements -190329000.00
Concessions/Restrooms -2299125.00
Home Side Seating -100,000.00
Visitor Side Seating -225,000.00
East Parking Ticket Booth -199500.00
East Side Walkdown -66,000.00
East Side Parking -3577750.00
Total Construction Cost -29029,375.00
Construction Shortage -3839723.00
AGREEMENT BETWEEN THE
CITY OF PASCO AND PASCO SCHOOL DISTRICT NO. 1
T141S AGREEMENT, dated this day of , 2007 by and
between the City of Pasco Washington, a municipal corporation of the State of Washington
(hereinafter referred to as "City"), and the Pasco School District No. 1, a Special Purpose
District of the State of Washington (hereinafter referred to as "District"), for the purpose of
sharing costs associated with improvements to Edgar Brown Stadium and associated parking
areas.
WHEREAS, Edgar Brown Stadium, owned by the District, is a facility that attracts
substantial numbers of visitors to the Pasco community to participate in and/or observe various
athletic events, such as state high school track, football and soccer as well as the annual
Cavalcade of Bands and other musical exhibitions; and
WHEREAS, the stadium facilities are being upgraded and expanded. by the District so
as to accommodate use by both high schools of the District, commencing in 2009; and
WHEREAS, additional parking is needed to accommodate the expanded usage as well as
to improve the District's ability to sustain the number and variety of state high school and other
events occurring at Edgar Brown Stadium; and
WHEREAS, the local economic benefits of the various events conducted at the stadium,
through visitor expenditures and a wide-variety of commercial establishments throughout the
city, are substantial; and
WHEREAS, the improvement plan for the stadium and its projected construction cost
was prepared more than two years ago to be included in the construction bond levy submitted to
and approved by the voters of the District; and
WHEREAS, construction costs, particularly for asphalt and concrete, both of which are
major elements of the stadium improvement project, have escalated dramatically over the past
two years, resulting in a shortfall between the amount approved by voters and the current cost of
constructing the improvements; and
WHEREAS, the District's parking improvements on the east side of the stadium will
also complete and improve a dead-end street and connecting alleyway, the result of which will
improve emergency access in that vicinity as well as reduce congestion previously created by on-
street parking,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Section 1. Improvements, The District shall install at Edgar Brown Stadium those
improvements depicted in Exhibit "A" attached hereto and by reference incorporated herein.
Such improvements shall be completed by the District not later than September 1, 2009.
Section 2. Events. The District shall carry out all reasonable efforts within its authority
to sustain the use of Edgar Brown Stadium by Washington Interscholastic Athletic Association
(WIAA) for annual track, football and soccer events. In addition, the District shall strive to
expand and/or add W1AA commitments for use of Edgar Brown Stadium for other events which
will generate substantial visitors to the Pasco community.
Section 3. Payment._ City shall pay to the District the sum of $ in
compensation for the District's improvement of Street, the alley extending
north from Sylvester Street and the off-street parking area east of Edgar Brown Stadium. Such
payment shall be made by the City within 30 days after receipt of invoice from District and
completion of the parking improvements, as evidenced by City inspection and approval.
Section 4. Interlocal Agreement Provisions. This Agreement is authorized pursuant to
RCW 39.33.030 permitting public agencies to enter into agreements with one another for joint or
cooperative action. The duration of this Agreement shall be that time necessary to complete the
improvements provided in Section 1 above. The improvements to the City streets and alleys
improved by the District shall remain the property of the City upon termination of this
Agreement. It is not intended that a separate legal entity shall be established to conduct the
cooperative undertakings nor is the acquiring, holding or disposing of real or personal property
anticipated; nor is there a need for any special budget or fund to be created. For the purpose of
this Agreement, the City Manager of the City of Pasco, and the District Superintendent of the
Pasco School District No. 1, or their respective designees, shall be responsible for the
administration of these cooperative Undertakings.
Section 5. General Provisions. This Agreement is governed, construed and enforced in
accordance with the substantive laws of the State of Washington. Should any dispute arise
concerning the enforcement, breach, or interpretation of this Agreement, resolution shall be by
presentation to the City Manager and the District Superintendent as co-administrators of the
cooperative undertaking. In the event the co-administrators are unable to resolve the dispute, the
matter shall be submitted to binding arbitration in Pasco, Washington, by a mutually agreed
arbitrator or one selected by Franklin County Superior Court pursuant to RCW 7.04A, which
procedure shall govern the arbitration.
Section G. Indemnification. The District shall defend, indemnify and hold harmless the
City, its officers, employees, and agents from any and all costs, claims,judgments or awards of
damages arising out of or in any way resulting from the negligent acts or omissions of the
District, or its agents, employees or officers in the performance of this Agreement.
Section 7. Authority for Execution. Each of the parties warrants and represents that its
representatives, whose signatures are below, possess all required authority to sign this
Agreement and such powers have not, as of the date of this Agreement, been revoked or revised.
This Agreement shall be fled with the Franklin County Auditor, or alternatively listed by
subject on either parties' website or other electronically retrievable public source.
Edgar Brown Stadium Agreement between
The City of Pasco and The Pasco School District
Page 2
DATED this day of , 2007
CITY OF PASCO PASCO SCHOOL DISTRICT NO. 1
Gary Crutchfield Saundra Hill
City Manager Superintendent
ATTEST:
Sandy Kenworthy
Deputy City Clerk
APPROVED AS TO)FORM:
Leland B. Kerr
City Attorney
Edgar Brown Stadium Agreement between
The City of Pasco and The Pasco School District
Page 3
AGENDA REPORT NO. 64
FOR: City Council Date: 8/22/07
TO: Gary Crutchfiel anager Workshop: 8/27/07
Regular: 9/4/07
FROM: David I. McDonald, City Planner -( _..
SUBJECT: Urban Growth Boundary: Urban Growth Boundary Amendment
(MF# CP07-002) (City of Pasco)
I. REFERENCE(S):
A. Staff Memo and Report on the Urban Growth Boundary
B. Planning Commission Minutes Dated 7/19/07 & 8/16/07
C. Map of existing Urban Growth Boundary
D. Map of Recommended Urban Growth Boundary
E. Proposed Resolution
(Attachments "A"-"D" in Council Packets only-Copies available in Planning Office or
Library for public review)
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
8/27/07 Discussion:
9/4/07 Motion: I move to approve Resolution # , requesting
modification of the Pasco Urban Growth Boundary proposed by Franklin
County.
III. FISCAL IMPACT: None
IV. HISTORY AND FACTS BRIEF:
A. The Growth Management Act (GMA) requires the City to update the
Comprehensive Plan by the end of this year. Part of the update process
involves determining Urban Growth Boundary (UGB) needs. To assist in
determining those needs the Planning Commission spent the past few
months studying the issue and holding public hearings. As a result of
the Planning Commission's work a recommendation has been developed
for a modest expansion of the UGB.
B. The map under Attachment "D" to this report contains the Planning
Commission's recommendation for Pasco's UGB.
V. DISCUSSION:
Urban Growth Boundaries are required by the GMA to contain a sufficient
land area to accommodate expected population growth for a 20 year
planning horizon. The expected growth, as required by the GMA, is
determined by population projections prepared by the State Office of
Financial Management (OFM). The OFM projections for Franklin County
indicate Pasco's UGB could contain about 87,300 people by 2027. As a
result the UGB will need to accommodate an additional 30,600 people over
the next 20 years.
The current UGB contains enough developable land to absorb a little over
two thirds of the projected population (21,000). The UGB therefore needs
to be expanded to accommodate about 10,000 new residents.
3(c)
Based upon the population projections, utility service capacities planned
major street construction and growth trends the Planning Commission
recommended adding about 1,100 (880 net developable acres) acres to the
UGB. The recommendation under Attachment "D" would extend the UGB
northerly at distances varying from a quarter of a mile near Road 68 and
up to a mile north between Dent Road and the Columbia River.
By law Franklin County is the entity charged with the responsibility and
authority to establish UGB's. The City can only make proposals for the
UGB, but can not actually create the UGB. It has been the practice of the
Council to memorialize the City's preferred or recommended UGB in the
form of a Resolution. Following review of the proposed resolution attached
to this report, staff can make any modification deemed necessary and have
it available for Council action at the next regular meeting.
RESOLUTION NO.
A RESOLUTION declaring the preferred Urban Growth Boundary for
the City of Pasco.
WHEREAS, the City of Pasco and Franklin County are planning
under the State Growth Management Act of 1990 as amended; and
WHEREAS, the Growth Management Act requires the
establishment of Urban Growth areas around all urban centers in
Franklin County; and,
WHEREAS, the City of Paso must update its Comprehensive Plan;
by December of 2007; and,
WHEREAS, Population projections provided by the State Office of
Financial Management (OFM) indicate Franklin County's population
could reach 102,700 by 2027; and,
WHEREAS, City and County Planner estimate 85 percent of the
population projected for Franklin County will occur in the Pasco Urban
Growth Boundary; and,
WHEREAS, State law recognizes the City of Pasco as the most
appropriate local governmental unit to provide urban governmental
services, including water, sewer, police and fire service to lands within
the Pasco Urban Growth Area; and,
WHEREAS, the City of Pasco has an obligation to preserve and
protect public investment, and capacities in the water and sewer systems
for existing and future rate payers within the City; and,
WHEREAS, there is not now sufficient land existing within the
present boundary of Urban Growth Area to accommodate projected
population growth; and,
WHEREAS, the Pasco Planning Commission studied the need for
expanding the Pasco Urban Growth Boundary, conducted two public
hearings, developed findings of fact and prepared a recommendation for
the Pasco City Council; and,
WHEREAS, The Pasco City Council has reviewed and accepted the
Planning Commission recommendation; and,
WHEREAS, the Pasco City Council has determined the Pasco
Urban Growth Area boundary must be expanded to permitted the City to
properly plan for future growth as required by the Growth Management
Act; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PASCO:
Section 1. That the boundaries identified in Exhibit "A" are the
preferred boundary lines for the Pasco Urban Growth Area. The
preferred boundary will accommodate the projected population in a
geographic area most likely to experience development pressure and
which presents the best opportunity for the City to logically and
economically extend its utility and emergency services systems.
Section 2. That this resolution be forwarded to Franklin County
for its due consideration of the City Council's position when the Franklin
County Planning Commission and/or Franklin County Board of
Commissioners determine whether or not to modify the Pasco Urban
Growth Boundary.
Passed by the City Council of the City of Pasco this 4th day of
September, 2007.
Joyce Olson, Mayor
Sandy Kenworthy, Deputy City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
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AGENDA REPORT NO. 63
FOR: City Council DATE: 8/22/07
TO: Gary Crutchfi ty Manager WORKSHOP: 8/27/07
REGULAR: 9/4/07
FROM: David McDonald, City Planner-�
SUBJECT: Street Name Change for Billings Avenue (MF #1NFO 07-047)
I. REFERENCES):
A. Proposed Ordinance and Vicinity Map
B. Letter from Tippett Company
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
Motion: 1 move to adopt Ordinance No. changing
the name of Billings Avenue to Heritage Boulevard, and further, to
authorize publication by summary only.
III. FISCAL IMPACT: NONE
IV. HISTORY AND FACTS BRIEF:
A. In conjunction with a private development the City recently
completed construction on Billings Avenue. Billings was
constructed to provide a truck route link between the Lewis Street
Interchange and the industrial properties south of"A" Street.
B. Tippett Company, the owner of much of the industrial land south
of"A" Street, has made a formal request for the street name change.
V. DISCUSSION:
The street name change is being requested to assist with efforts to
market industrial land south of"A" Street as an industrial center.
The proposed name change will not affect any addressing because
no properties are currently addressed on Billings.
3(d)
ORDINANCE NO.
AN ORDINANCE changing the name of street that was heretofore platted
and named Billings Avenue.
WHEREAS, the identification of streets plays an important
function in maintaining the safety and welfare of the public; and,
WHEREAS, street names are the principal means for the public to
reference and locate properties in the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
PASCO, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That Billings Avenue from the north right-of-way line
of"A" Street to the south right-of-way line of East Lewis Street, is hereby
renamed and shall henceforth be referred to and known as Heritage
Boulevard.
Section 2. This ordinance shall be in full force and effective after
its passage and publication as required by law.
PASSED this day of September 2007.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
Vicinity Item: Street Name Change--Billings Ave.Map
Applicant: Robert Tippett N
File ##: INFO 07-047
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TIPPETT
CGMPANY
- ■.uu
August 8, 2007
Dave McDonald
Planning Director
City of Pasco
525 North 341
Pasco WA 99301
Re: Billings Street Name Change
Dear Dave:
I am requesting that the City of Pasco change the name of Billings Street to
Heritage Boulevard. My reasoning behind this request is centered around the
plan whereby we are changing the name of Sacajawea Industrial Park to
Heritage Industrial Center. We have consulted with the Port of Pasco, TRIDEC
and Gary Crutchfield to get their opinion of the name change from Sacajawea
Industrial Park to Heritage Industrial Center. Everyone seems to agree that
although the name Sacajawea is near and dear to our community it is probably
not the best name to be utilized for branding a new industrial park since that
name is cumbersome to spell and is difficult to associate with a business
purpose.
i believe that the new name for Billings Street should be "Heritage Boulevard" to
correspond with Heritage Industrial Center.
Thank you for inviting my input on this matter.
Sincerely,
Robert M. Tippett
RMT:sar
P.O.Box 3027
Pasco,WA 99302
tel 509.545.3355
fax 509.545.1689
www.tippattc0mpany.com
AGENDA REPORT NO. 18
FOR: City Council August 21, 2007
TO: Gary Crutch 1 Manager
FROM: Robert J. Al Director Workshop Mtg.: 08/27/2007
Regular Mtg.: 09/03/07
SUBJECT: Authorization of New Position- Construction Manager
I. REFERENCE(S):
1. Memorandum from City Engineer to Public Works Director dated 8/13/07
2. Organizational Chart
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
08/27/07: Discussion
09/03/07: MOTION: I move to authorize the City Manager to create and fill a new
classification of Construction Manager at Grade 69 contingent
on reduction of one authorized position of Engineering
Inspector.
III. FISCAL IMPACT:
$18,000
IV. HISTORY AND FACTS BRIEF:
A) In 2004 a position called Senior Engineer - Construction was created to oversee
Capital Projects, to ensure projects are administered in accordance with the
contract documents as well as federal and state laws, and to assure consistency in
quality control. The position was created due to the increasing demands and
workload for the City Engineer and proper construction management oversight
was becoming a problem. This position was eventually eliminated due to not
being able to find a qualified candidate to fill the position at Grade 66.
B) In an attempt to address the problem, an Associate Engineer position was created
to assist the City Engineer with the City Engineer continuing to be the
Construction Manager. This organizational structure has proven to be very
cumbersome, inefficient and strained the Engineering Division in properly
managing project and assuring quality control. With the upcoming capital
projects, staff feels it is essential to have a professional construction manager
again. There is currently an Engineering Inspector position vacant.
V. DISCUSSION:
A) Staff is recommending eliminating the Engineering Inspector position that is
currently vacant and creating a new position called Construction Manager. The
new position would create a new pay Grade 69 and have a salary range of$5,122
to $6,743. This salary range would be approximately $18,000/annually higher
than the Engineering Inspector position. Due to vacancies during the year in the
Engineering Division, there would be no financial impact in the 2007 budget.
Other changes that may take place in the Engineering Division will be addressed
in the 2008 preliminary budget.
Staff requests approval of the new Construction Manager position.
3(e)
Memo
PK
Public Works Department
Engineering Division
To: Bob Alberts P.E., Public Works Director
From: OW ichael McShane P.E., City Engineer
Date: August 13, 2007
Re: Construction Manager Position
You have indicated your support for my request to replace the vacant Construction
Inspector position with a Construction Manager position in next year's budget cycle. I
would suggest the timeline be moved up in order to have the position filled prior to
the start of construction on our upcoming construction projects.
There have been numerous problems with past projects that are a direct result of
poor construction management practices. Some of these problems have only
recently been discovered in the form of water main breaks. These breaks have been
costly not only in repair but also in the damage they have caused. It has also
become apparent to me through the turmoil caused and the manpower needed in
trying to construct and complete correctly recent large projects (Sewer Extensions
and Court St. Widening) that we need someone in the capacity of Construction
Manager.
We are planning to bid several large projects late this fall and early in 2008, including:
• Sewer Lid #143
• Court St. Pedestrian Overpass
2008 Sewer Extensions
Court St. Widening (Rd 84-100)
• Proposed LID on A Street
Our goal is to fulfill the requirements and expectations of our Contract Documents. I
am concerned that if we do not have someone in the capacity of Construction
Manager before these projects begin, it will be difficult to complete all of the
scheduled projects successfully without overusing our manpower resources. I would
request that the position be created and filled before LID #143 goes out for bidding
this fall. I am confident that with adequate compensation we will be able to fill the
position quickly.
ENGINEERING DIVISION
EXI S TING
ENGXNEESXNG
City E sneer
l Position Secretary I
1 1 Position
Associate Eng senior office
.Lead Insp. Engineer
1 Position l Position Design Assw6tv Pun monie, CMD, ing
Engineer EA&eer S i st
CQnstructlon 1 Positions 1 Position l Position
Inspector
3 Positions 77r Mc Eng. Office Eng.
Technician Technician
1 Position 1 Position
ENGINEERING DIVISION
PROPOSED
1,UNGVWMMG
CityEngfneer
l Position
Construction
Managcr Secretary I
1 Position 1 Position
sociate Eng Senior Office
Lend I lsp. Engineer
1 Position 1 Position Design Associate run jccvkwA&wdxtv D appptag
Engineer Engineer S iaiist
1 Positions 1 Position l Position
Construction
Inspector
Z Positions Tic�• D®ce Eng.
Technician Technician
1 Position 1 Position
AGENDA REPORT NO. 19
FOR: City Council August 21, 2007
TO: Gary Crutch 1 Manager
FROM: Robert J. Al 416bullic-Works Director Workshop Mtg.: 08/27/07
Regular Mtg.: 09/03/07
SUBJECT: Amendment No. 1 to Professional Services Agreement with JUB Engineers
I. REFERENCE(S):
1. Vicinity Map
2. Amendment No. I to Professional Services Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
08/27/07: Discussion
09/03/07: MOTION: I move to approve Amendment No. 1 to the August 04, 2005
Professional Services Agreement with JUB Engineers
authorizing additional professional services not to exceed
$15,000, for engineering services for the Road 26 and Road 28
Improvements and further, authorize the Mayor to sign the
agreement.
II1. FISCAL IMPACT:
Arterial Street Fund
IV. HISTORY AND FACTS BRIEF:
A) The reconstruction of portions of Road 26 and Road 28 between Sylvester Street
and Court Street is a project in the Capital Improvement Program to improve
access and the movement of traffic. The land acquisitions needed to realign the
route has been completed.
V. DISCUSSION:
A) The proposed amendment provides the design services to realign Road 26 and
Road 28 at Brown Street. This will allow this work to be constructed in 2007.
The realignment of Road 26 at Court Street will be done under a separate phase
and amendment.
Staff recommends approval of Amendment No. 1 to the JUB Engineers
Professional Services Agreement.
3(f)
ROAD 28 & ROAD 26
IMPROVEMENTS
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AMENDMENT to
PROFESSIONAL SERVICES AGREEMENT
WHEREAS, the City and JUB Engineers entered into a Professional Services Agreement
on August 04, 2005, with respect to on-going Professional Services.
NOW, THEREFORE, this agreement is amended to allow JUB Engineers to provide
additional utility design and engineering services as described on Attachment A.
1. Scone of Work:
Task A - To improve the arterial route to large vehicles from Court Street by providing
street lighting, storm drainage, and roadway design including realignment of Road 26
and Road 28 at Brown Street,per the accepted conceptual layout provided.
2. Fee:
Task A - The added services by the consultant shall be for the lump sum total of
$15,000.
3. Time of performance:
Task A - The engineering services shall be complete for the project within 30 days.
DATED THIS DAY OF , 2007.
CITY OF PASCO: CONSULT 4T—JUB Engineers:
Joyce Olson, Mayor ichard.Door, Transportation Project Manager
ATTEST: APPROVED AS TO FORM:
Debbie Clark, City Clerk T Leland B. Kerr, City Attorney
J U g Engineers 1
Amendment
Professional Services Agreement- On-going Services
��.U. , J-1.11-13 ENGINEERS, Inc.
ENGINEERS -SURVEYORS -PLANNERS
2810 West Clearwater Ave., Suite 201
Kennewick, WA 99336
(509) 783-2144
Fax 736-0790
www.jub.com
August 20, 2007
Mr. Bob Alberts, P.E., Director of Public Works f REIN/17
City of Pasco ;
525 N. 3rd Avenue AUG
P.O. Box 293
Pasco, WA 99302 `PUBLIC\NO[
RE: ROAD 26 AND ROAD 28/BROWN STREET REALIGNMENT AND PARKING LOT MODIFICATION
Dear Bob:
Thank you for considering J-U-B ENGINEERS, Inc. to provide your professional engineering
services for this project. We understand that one of the City's highest priorities is to improve
the arterial route to large vehicles from Court Street to Road 28 via Road 26 and Brown
Streets. It is our understanding that this will be a very fast design effort in order to bid a
project this year under an aggressive design schedule. Depending on the estimated
'improvements this project may fall under the City's Small Works Roster, if not a design-bid-
build process will follow. The services to provide final design plans and specifications are as
follows:
1. Project Manap-ement
J-U-B will work closely with City Staff to assist in the development of plans and specifications
ready for advertisement the first of September. This aggressive schedule does not allow
intermediate design reviews so project meetings will need to address design and permit City
input on a regular basis.
2. Data Collection
All survey data will be provided to J-U-B. If additional topographic information is required,
the City will have Permit Surveying provide the information independent of J-U-B's
agreement. J-U-B will create a base map and update as required for supplemental survey if
deemed necessary.
3. Design
J-U-B will provide street lighting, storm drainage, and roadway design including the
realignment of Road 26, Road 28 and Brown Street along with modifications to the Union Hall
parking per the accepted concept previously submitted by J-U-B.
The realignment of Brown Street and Road 28 will be per the Conceptual Layout previously
provided by J-U-B Engineers. The realignment of the intersection of Brown Street and Road 26
will be designed by J-U-B and reviewed by the City prior to finalizing the plans. Road 26 will
be a tee intersection with Brown Street, and ADA ramps will be designed for crossing Road 26.
30-07-038-00/L-Alberts Design Proposal 8-20-07.doc
�r
��•u`B Mr. Alberts
.�/ August 20, 2007
Page 2
4. Utility Coordination
J-U-B will coordinate with known utilities to identify conflicts. Due to the schedule, utility
coordination will require personal attention and rely on the cooperation of the various
utilities without plan review times.
5. Quantity and Cost Estimate
J-U-B will develop a bid schedule, take off quantities and provide an opinion of probable costs
for the construction work. Based on this estimate, the City may be within the range of a Small
Works Roster and elect to solicit quotes rather that an advertised bid process. J-U-B will
assist the City in preparation of contract documents for either bid advertisement or
solicitation of quotes.
The basis for the final design and plan preparation as outlined above is a Time and Material
basis using J-U-B ENGINEERING standard rates. The approximate budget for the work as
described above is $15,000.
The fees and scope of work are based on the following assumptions:
• All surveying will be provided by others
• This scope does not include right-of-way work
• This scope does not include environmental documentation, permits nor coordination
with permitting agencies
• Signal modifications are not part of this scope
• Landscaping is not part of this scope
• No structural retaining walls included in this scope
• No geotechnical investigation or pavement design. Roadway sections will per City
standard pavement and surfacing.
Thank you for the opportunity to present our proposal for this important project. If this meets
with your approval, we have enclosed our Standard Consultant Agreement. Please call if we
have misunderstood any of your needs and we can discuss revising the proposed scope of work
and fees accordingly.
Sincerely,
J-U-B ENGINEERS, INC.
fr
Richard H. Door, P.E.
Transportation Project Manager
RH D:mtg
Enc: Standard Agreement for Professional Services (2)
30-07-038-00/L-Alberts Design Proposal 8-70-07.doc
AGENDA REPORT NO. 21
FOR: City Council August 21, 2007
TO: Gary Crutchfi ty Manager
FROM: Robert J. Albe Works Director Workshop Mtg.: 0$/27/2007
ar
Re ul Mt g.: 09/03/07
Regular g
SUBJECT. Communication Site License Agreement - Clearwire US, LLC
I. REFERENCE(S):
1. Communication Site License Agreement
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
08/27/07: Discussion
09/03/07: MOTION: 1 move to approve the Communication Site License Agreement
with Clearwire US, LLC to install wireless antennas on the new water
reservoir and further, authorize the Mayor to sign the agreement.
11I. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) On August 6, 2007, Council approved a special permit to Clearwire US, L,L,C for
the location of wireless communication equipment on the water tower located at
Road 76 and Sandifur Parkway as recommended by the Planning Commission.
The proposed Communication Site License Agreements stipulates the conditions
for Clearwire US, LLC to be on the water tower.
V. DISCUSSION:
A) Clearwire US, LLC has requested to install antennas on the new water reservoir
tank located at Road 76 and Sandifur Parkway. The antennas will be installed
approximately 90' from grade to the center of the antennas. Clearwire US, LLC
will also maintain a 15'x 15' ground license area containing radio equipment and
other appurtenances.
Clearwire US, LLC shall pay a one time initial license fee of$25,000 and monthly
license fees of$1,400.00. The term of the Agreement shall be for a period of five
(5) years commencing upon the date Clearwire US, LLC installs the antennas.
Clearwire US, LLC shall have the right to extend its license for an additional five
(5) year renewal terms on the same terms and conditions set forth herein, expect
for license fee payment which will be the fair reasonable value of the premises as
negotiated between the parties at the time.
City shall maintain all access roadways from the nearest public roadway to the
premises to allow pedestrian and vehicular access at all times under normal
weather conditions. Clearwire US, LLC shall pay for the electricity it consumes.
Staff recommends Council authorize the Mayor to sign the agreement.
3(9)
Recorded at the Request of:
City of Pasco
525 North 3rd
Pasco, WA 99301
COMMUNICATION SITE LICENSE AGREEMENT
(Water Tower Location)
THIS COMMUNICATION SITE LICENSE AGREEMENT ("Agreement") dated
this day of , 2007, between CITY OF PASCO, a Washington
Municipal Corporation, hereinafter referred to as "Licensor", and CLEARWIRE US, LLC, a
Nevada limited liability company, 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 as
follows:
PTN NWSE 9-9-29 DAF: BEG AT CTR 4 COR SD SEC; TH N89D59'E
ALG N LN—THEREOF, 40.01; TI•I LEAV SD N LN SO1D041, 50.01'
TO 1NT OF SLY MARG--OF SANDIFUR PKWY&ELY MARG ROAD
76 &TPOD; TH ALG SD SLY MARG,N
upon which is located a municipal composite water tower generally located at the site of a new
Road 68 Elevated Storage Reservoir("Premises") which, as an auxiliary use, is available to serve
as a platform at the space designated thereon by the City for the nonexclusive location of
telecommunication antennas. Licensor does hereby grant a nonexclusive license, subject to the
terms of this Agreement, for Licensee's location of a telecommunication base station operation
upon such water tower on a space allocated by the City the following installation:
A. Antennas. Quantity of 6; 2 antenna systems at 3 separate locations on the
perimeter of the storage reservoir pedestal. Tentative azimuths are 300, 1500,270°
Clearwire Site TD: WA-KWK024
Communication Site License Agreement- 1
B. Antenna Elevation. Approximately 90' from grade to the center of the antennas.
C. Antenna Finish. Painted to match exterior color scheme of concrete pedestal.
D. Antenna Cabling. Extend coaxial cables from the equipment area to each
antenna.
1✓. Cabling Route. Attach cable tray support for cable runs to the interior wall of the
pedestal. Licensee shall use existing conduits built into the pedestal and tower.
F. Access Driye. Any driveway providing access from the City access way to the
site shall be paved with asphalt.
G. Equipment Area, A 15' x 15' ground license area containing radio equipment and
other appurtenances associated with the operation of the wireless facility at a location upon the
premises as designated by the Licensor.
H. Utilities. UG electrical and telephone service feeds to the equipment area.
I. Fencing. Chain link encompassing the equipment area.
2. Use. The Premises may be used by Licensee for any lawful activity in connection with
the provisions of wireless communication services, including without limitation, the transmission
and reception of radio and microwave communication signals and 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.
3. Terre. The term of this Agreement shall be for a period of five (5) years commencing
upon the date ("Commencement Date") the Licensee commences installation of the antenna
facility. This license may be earlier terminated as provided herein, or as otherwise modified by
mutual agreement of the Parties. Licensee shall have the right to extend its license for an
additional five (5) year renewal term on the same terms and conditions set forth herein, except
for license fee payments which will be the fair reasonable value of the premises as negotiated
between the parties. Licensee shall provide notice of Licensee's intent to renew at least thirty(30)
days prior to the expiration of the initial term of this Agreement.
4. License Fees. Licensee shall pay to Licensor: (a) one-time initial license fee of Twenty-
Five Thousand Dollars ($25,000); and (b) the license fee of Fourteen Hundred Dollars
($1,400.00) per month for each month or any fractional portion of a month from the
Commencement Date of this license, and Fourteen Hundred Dollars ($1,400.00) per month from
the first day of each month hereafter during the initial term of this license. Rents are payable to
Licensor at 525 North 3rd, Pasco,Washington 99301.
Clearwire Site ID: WA-KWK024
C:omnimieation Site Licetise Agreement-2
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 pet-cent (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.
5. 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 Licenser's prior approval, which approval shall not be unreasonably withheld,
conditioned or delayed. Licensor shall provide written approval to Licensee of said plans within
15 calendar days of submission by Licensee or said plans will be deemed approved. 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
panel antennas, microwave antennas, mounting hardware/brackets, L,thernet cable, coaxial cable
and associate radio equipment and cabinets to be located upon a municipal water tower,
("Licensed Facilities"). In no event shall antennas, dishes, or other reception devices be located
upon the equipment area. ("Licensee Facilities"). 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 Premises 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 and at Licensee's sole cost
and expense in a good and workmanlike manner conforming with all 17CC 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 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 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 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, and shall not alter, modify, or conflict with the existing
Licensees or other use of the Premises.
6. Access and Utilities.
6.1 Licensor shall provide to 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. Licensee shall be permitted access within Licensor's
water tower security area only upon compliance with the Homeland Security Regulations
Clearwire Site ID:WA-KWK024
Communication Site License Agreement-3
applicable to the facility and Licensor's security requirements including escorted access and
supervision within the security area and upon the water tank and in the presence of Licensor's
authorized representative. Licensor shall provide Licensee a contact number twenty-four (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.
6.2 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.
6.3 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.
7. Interference. Licensee shall operate Licensee Facilities in compliance with all federal
Communications Commission ("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 Facilities.
Subsequent to the installation of the Licensee 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.
8. 'faxes. Licensee shall pay any personal property taxes assessed against Licensee
Facilities and Licensor shall pay when due, all real property taxes and other taxes, fees and
assessments attributed to the Premises.
9. Termination.
9.1 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
C:learwire Site ID: WA-KWK024
Communication Site License Agreement-4
(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.
9.2 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
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.
10. Destruction or Condemnation. If the Premises or Licensee Facilities are damaged,
destroyed, condemned or transferred in lieu of condemnation, Licensee may elect to tenninate
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.
11. Insurance;Subrogation, and Indemnity.
11.1 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
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 of the
Commencement Date of this Agreement. 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.
11.2 Licensor and Licensee hereby mutually release each other(and their successors or
assigns) frorn 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.
11.3 Licensor and Licensee shall each indemnify, defend and hold the other harmless
from and against all claims, losses, liabilities, damages, costs, and expenses (including
Clearwire Site TD: WA-KWK024
Communication Site License Agreement-5
reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses") 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 Commencement Date of this Agreement and survive the termination of this Agreement.
12. 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;
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 Assignees 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 inform, in writing, the Licensor of its
intent to sub-license additional site users. If Licensee fails to inform Licensor, Licensee shall be
responsible for all accruing license fees and common area maintenance fees, including interest
thereon at the rate of one percent (1%) per annum, together with all costs incurred by Licensor
including attorneys' fees necessitated by the assignment. Licensee shall, however, have full
rights to mortgage, pledge, hypothecate or otherwise assign this License and Licensee's Facilities
to any financing entity or agent on behalf of any financing entity security to Licensee (i) has
obligation 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.
13. Waiver of Licenser'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, and 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. 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.
14. 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
Clearwire Site ID: WA-KWK024
Communication Site License Agreement-6
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 Facility on the Premises, including without
limitation, approvals and consents as may be necessary from other tenants, licensees and
occupants of Licenser's Premises, and(iv) the Premises and access rights are free and clear of all
liens,encumbrances and restrictions except those of record as of the Commencement Date.
115. Environmental. As of the Commencement 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 ally
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, 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 Premises 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 Commencement 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 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, Premises 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.
16. 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:
Clearwire Site ID: WA-KWK024
Communication Site License Agreement-7
City of Pasco
Attn: Robert Alberts
525 North 3rd
Pasco WA 99301
Telephone: (509) 545-3446
Fax: (509) 543-5357
With a copy to:
Leland B. Kerr
Paine Hamblen, LLP
7025 West Grandridge Blvd., Suite A
Kennewick WA 99336
Telephone: (509) 735-1542
Fax: (509) 735-0506
If to Licensor:
Clearwire US, LLC
Attn: Site Leasing
4400 Carillon Point
Kirkland, WA 98033
Telephone: (425) 216-7600
Fax: (425)216-7900
With a copy to:
Clearwire US,LLC
Attn: Legal Department
4400 Carillon Point
Kirkland, WA 98033
Telephone: (425) 216-7600
Fax: (425) 216-7900
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.
17. Marking and LiglithIg. Licensee shall be responsible for compliance with all
marking and lighting requirements of the Federal Aviation Administration ("FAA") and the
FCC. Should Licensee be cited because its Facility is 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.
Clearwire Site III: WA-KWK024
Communication Site License Agreement-8
18. Mliscel1ancous.
18.1 Idor the purposes of this Agreement,time shall be of the essence.
18.2 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 disputes shall be construed under the laws of the State
of Washington, and the substantially prevailing party shall be awarded its attorney's fees and
costs.
18.3 If any provision of this Agreement is invalid or unenforceable with respect to ally
party, the remainder of this Agreement or the application of such provision to the persons other
than those as to whorl 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.
18.4 This Agreement shall be binding on and inure to the benefit of the successors and
permitted assignees of the respective parties.
18.5 This Agreement constitutes the entire Agreement between the parties, and
supersedes all understandings, offers, negotiations and other leases concerning the subject inatter
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.
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of
the date first written above.
LICENSOR: LICENSEE:
CITY OF PASCO CLEARWIRE US, 1.LC
Name: Nam John A Storch
Vice stdem- etworl< Deployment
Title: Title:
Date: Date:
Tax 1.D.:
C:learwire Site ►la: WA-KWK024
Communication Site License Agreement-9
STATE OF WASHINGTON �
ss.
County of Pasco
On this day personally appeared JOYCE OLSON, Mayer of the City of Pasco, t
be known to be the individual described in and who executed the within and foregolt�g... .. •:•.;
instrument, and acknowledged that she signed the same as her free and voluntary act
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 Ding )
On .this day personally appeared �.� Y1 ���A >
t 11 U-4- of Clearwire US, LI..,C, to be known to be the individual
described in and ho 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 i, , ' 2007
`"�tom
�� ot�� Print N
7
le Joni Heiss
s� +_ Notary P blic in an for the St to of Washington
• s
�� ''vtr� � � Residing at •� „ ,
� .\1.0.,31.0 vz My Commission Expires: 1,9J31 )
111,1JI1,0F\Ws``�`~`
Ctearwire Site ID: WA-KWK024
Communication Site License Agreement- 10
AGENDA REPORT
TO: City Council August 17, 2007
FROM: Gary Crutchti 1 (Manager Workshop Mtg.: 8/27/07
SUBJECT: Capital Impro nlent Plan Regular Mtg.: 9/4/07
1. IZEFERENCE(S):
1. Memorandum re: Peanuts Park 1Zestroorns, dated 4/20/07
2. Proposed Resolution.
I.I. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
8/27: Discussion
9/4: MOTION: 1 move to approve Resolution No. adopting the Capital
Improvement Plan for fiscal years 2008-2013.
111. FISCAL, IMPACT:
N/A
IV. HISTORY AND .FACTS:
A) The annual Capital Improvement Plan for 2008-2013 was presented to the City
Council for discussion at the July 30, 2007 Workshop meeting with no substantive
changes identified at that time.
V. DISCUSSION:
A) A few changes have been made to the Plan (or are suggested for consideration) since
the July 30 discussion, as follows:
*Page 16, BB Stadium: $ error corrected (new page distributed);
*Page 19, LL Parking Lot: suggest gravel instead of pavement,
reducing cost to $35,000; delete from C111.
*Page 81, Water'Treatment Plant: $ error corrected(new page
distributed).
*Farmer's Market Restroom: if replaced with pre-fab or similar
Structure at cost approximating $100,000, include in CIP; if portable
toilet enclosure preferred, need not be in CIP (see Reference 1).
B) Staff recommends Council identify any substantive changes it desires and schedule
formal Council approval of the Capital Improvement Plan at the September 4
Business meeting, so the Capital Improvement Plan is in place while staff prepares
the annual budget in September/October.
3(h)
MEMORANDUM
TO: Gary Crutchfield, City Manager PA t('11'TY HALL
?FC;FIIVE D
FROM: Stan Strebel,Administrative any om iity Services Director e
�-.- AUG ,? 1 2007
DATE: April 20, 2007 C H*Y MANAGER'S
RE: Peanuts Park Restrooms OFFICE
As we have discussed,the restrooms in Peanuts Park are in poor condition, not ADA compliant and difficult to
maintain. For the past several years,the Pasco Downtown Development Association has provided for cleaning
the restrooms and has limited their use to Farmer's Market days and special events only, largely because of the
problems and vandalism that occur when the restrooms are continually open.
Last spring Rick Smith and I met with PDDA and Farmer's Market representatives to discuss the restroom
situation and alternative solutions, including remodeling of the existing facility and replacement. PDDA officials
have not provided us with any preferences. Remodeling does not appear to be a good option because the restroom
shares a wall with an adjacent commercial building. Staff is concerned that given the frequent vandalism and
design of the structure, continued use of the facility will increase the City's risk of damaging the adjacent
property.
Two alternatives appear to be more viable:
1) Replacing the restroom in a better location.
With this option,a code compliant, more durable facility could be installed. This could be similar to pre-
fab structures used in Volunteer and Memorial Parks. Cost is estimated at$85,000 to $110,000
depending on utility extension costs. This would allow the existing structure to be renovated and used for
storage for PDDA/Farmer's Market for which they have a stated need. The renovation cost would be less
than $10,000.
2) Employ the use of portable toilets.
An enclosure to house portable toilets,similar to what we have used in newer neighborhood parks, could
be constructed to somewhat screen the units and make them a bit more attractive. At the same time, the
old restroom structure could be remodeled for storage. Total cost of this alternative would be in the range
of$30,000.
The replacement option was submitted for possible CDBG funding,although it would appear that either option
would be an eligible CDBG expense.
Ongoing costs would be for repair and cleaning for a permanent facility, depending on the use and frequency of
cleaning. Portable units would rent for approximately$100/unit per month including weekly cleaning.
Additional cleaning, if needed, could be scheduled and paid for.
Given the problems with vandalism in restrooms, l am much more inclined to recommend the construction of an
enclosure for using portable units. I believe the ongoing cost could be paid by the Farmer's Market with the
money that is currently used to clean the existing facility.
RESOLUTION NO.
A RESOLUTION Approving the Capital Improvement Plan for Calendar Years
2008-2013.
WHEREAS, staff has prepared the Capital Improvement Plan which defines the capital
projects proposed to be undertaken by the City over the ensuing six years; and
WHEREAS, on July 30 and August 27, 2007 the Capital Improvement Plan was
presented to the City Council for review and prioritization; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. That the Pasco City Council hereby approves the Capital Improvement Plan
for calendar years 2008-2013 as the City's list of capital projects proposed to be undertaken by
the City over the corning six years, with the understanding that implementation of any project
listed in the Capital Improvement Plan is subject to budget appropriation.
PASSED by the City Council of the City of Pasco at its regular meeting this 4th day of
September, 2007.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy Kenworthy Leland B. Kerr
Deputy City Cleric City Attorney