HomeMy WebLinkAbout2007.09.04 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. September 4,2007
The Council Meeting will take place on Tuesday, September 4
as City Hall will be closed Monday, September 3 in honor of Labor Day.
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 August 20, 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$941,232.50 ($184,669.58 in the form of Wire
Transfer Nos. 4788 and 4790 and $756,562.92 consisting of Claim Warrants numbered
161899 through 162097).
2. To approve Payroll Claims in the amount of $2,457,804.06, Voucher Nos. 36695 through
36986; and EFT Deposit Nos. 30018221 through 30018958.
(c) Amendment No. 1 to Professional Services Agreement with JUB Engineers:
1. Agenda Report from Robert J. Alberts, Public Works Director dated August 21,2007.
2. Vicinity Map.
3. Amendment No. 1 to Professional Services Agreement.
To approve Amendment No. 1 to the August 4, 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.
*(d) Final Plat—Northwest Commons,Phase 2 (EE Properties LLC) (MF#FP07-006):
1. Agenda Report from David I. McDonald,City Planner dated August 30,2007.
2. Copy of Final Plat(Council packets only; copy available in Planning Office or Pasco Library
for public review).
3. Vicinity Map.
To approve the final plat for Northwest Commons,Phase 2.
txcl MOTION: 1 move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following
Pasco residents have been invited to attend the Council meeting to receive Certificates of
Appreciation from Mayor Joyce Olson for"Yard of the Month,"August 2007.
1. Juventino and Maria Hernandez,303 N. 12`"Avenue
2. Ray and Wyoma White, 1011 Road 37
3. Francisco and Maria Ochoa,4604 Saguaro Drive
4. Harold and Kae Roan, 9215 Merrick Drive
(b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA)
The following Pasco business has been invited to attend the Council meeting to receive a
Certificate of Appreciation from Mayor Joyce Olson for "Business of the Month Appearance
Award,"August 2007.
1. Bagley Dental PS,4904 Convention Drive
5. VISITORS-OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
Regular Meeting -�-� 2 September 4,2007
6. REPORTS FROM COMM[TTEES AN D/OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(None)
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
(a) Resolution No. , a Resolution declaring the preferred Urban Growth Boundary for the
City of Pasco.
1. Agenda Report from David I. McDonald, City Planner dated August 22, 2007.
2. Staff Memo and Report on the Urban Growth Boundary,
3. Planning Commission Minutes dated 7/19/07 and 8/16/07.
4. Map of existing Urban Growth Boundary.
S. Map of Recommended Urban Growth Boundary.
6. Proposed Resolution.
(Note: Attachments 2-5 are in Council packets only; copies available in Planning Office or
Library for public review.)
MOTION: I move to approve Resolution No. , requesting modification of the Pasco Urban
Growth Boundary proposed by Franklin County.
(b) Resolution No. , a Resolution approving the Capital Improvement Plan for Calendar
Years 2008-2013.
1. Agenda Report from Gary Crutchfield, City Manager dated August 31,2007.
2. Memorandum re: Peanuts Park Restrooms,dated 4/20/07.
3. Proposed Resolution.
MOTION: 1 move to approve Resolution No. , adopting the Capital Improvement Plan for
fiscal years 2008-2013.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
Q*(a) Special Permit: Edgar Brown Stadium Remodel (Pasco School District) (MF#SP07-008):
1. Agenda Report from David I. McDonald, City Planner dated August 30, 2007.
2. Report to Planning Commission. .
3. Planning Commission Minutes dated 7/19/07 and 8/16/07.
MOTION: I move to approve the special permit for the Edgar Brown Stadium Remodel, as
recommended by the Planning Commission.
Q*(b) Special Permit: Daycare---Ell's Place(Jose Lugo) (8610 W.Court Street) (MF#SP07-009):
1. Agenda Report from David I. McDonald, City Planner dated August 30, 2007.
2. Report to Planning Commission.
3. Planning Commission Minutes dated 7/19/07 and 8/16/07.
MOTION: I move to approve the special permit for the location of a daycare facility at 8610 W.
Court Street, as recommended by the Planning Commission.
*(c) Sun Willows Golf Course Cart Path Improvement Project:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
August 30,2007.
2. Bid Tabuiation.
(RQ MOTION: I move to award the contract for the Sun Willows Golf Course Cart Path
Improvement Project to the low bidder, Rhoads Asphalt in the amount of$58,709.84 plus sales
tax, for the Base Bid plus Alternates I and 2.
(d) Authorization of New Position-Construction Manager:
1. Agenda Report from Robert J. Alberts, Public Works Director dated August 21, 2007.
2. Memorandum from City Engineer to Public Works Director dated 8/13/07.
3. Organizational Chart.
MOTION: I move to authorize the City Manager to create and till a new classification of
Construction Manager at Grade 69 contingent on reduction of one authorized position of
Engineering Inspector.
Regular Meeting 3 September 4,2007
(e) Communication Site License Agreement—Clearwire US,LLC:
1. Agenda Report from Robert J. Alberts,Public Works Director dated August 21, 2007.
2. Communication Site License Agreement.
MOTION: I 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.
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, September 3, KGH — Emergency Medical Services Board Meeting.
(COUNCILMEMBER TOM LARSEN,Rep.; JOE JACKSON,Alt.)
2. 12:00 p.m., Wednesday, September 5, 1135 E. Hillsboro Street — Franklin County Mosquito Control
District Board Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; JOE JACKSON,Alt.)
3. 5:30 p.m., Thursday, September 6, Parks & Rec. Classroom — Parks & Recreation Advisory Council
Meeting. (COUNCILMEMBER REBECCA FRANCIK, Rep.; MIKE GARRISON, Alt.)
I
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 20, 2007
CALL TO ORDER
The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor.
ROLL CALL:
Councilmembers present: Michael Garrison, Robert Hoffmann, Joe Jackson, Tom Larsen,
and Joyce Olson. Absent: Matt Watkins, Rebecca Francik.
Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strebel, Administrative & Community Services Director; David McDonald, City Planner;
Michael McShane, City Engineer and Mike Aldridge, Police Capt.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated August 6, 2007.
(b) Bills and Communications:
To approve General Claims in the amount of$1,259,287.15 ($42,129.43 in the form of
Wire Transfer Nos. 4781 and 4787 and $1,217,157.72 consisting of Claim Warrants
numbered 161701 through 161898).
To approve bad debt write-offs for utility billing, ambulance, cemetery and Municipal
Court non-criminal, criminal and parking accounts receivable in the total amount of
$189,296.98 and, of that amount, authorize $128,468.34 be turned over for collection.
(e) Amendment No. 3, Engineering Services Agreement with CH2MHill:
To approve Amendment No. 3 to the February 22, 2005 Professional Services Agreement
with CH2MHill authorizing additional engineering services not to exceed $35,600 for the
water and sewer utilities in Argent Road and Road 84 and, further, authorize the Mayor
to sign the agreement.
(d) Memo of Understanding for Water Conservation Education:
To approve the Memo of Understanding with Benton-Franklin Health District for Water
Conservation Education and, further, authorize the Mayor to sign the agreement.
(e) Resolution No. 3038, a Resolution of the Pasco City Council forming an ad-
hoc Advisory Committee to recommend a Capital Project Plan for Aquatic
Facilities to serve the Pasco community.
To approve Resolution No. 3038, forming an ad-hoc Advisory Committee for Aquatic
Facilities. Removed from Consent Agenda and moved to Item 8(b) - Ordinances and
Resolutions.
MOTION: Mr. Garrison moved to approve the Consent Agenda as amended. Mr.
Jackson seconded. Motion carried by unanimous Roll Call Vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mayor Olson participated in the Benton Franklin Fair& Rodeo Parade.
Mr. Larsen attended the Senior Citizens Advisory Committee meeting, Pasco Downtown
Development Association Board meeting and the Benton Franklin Council of
Governments meeting.
3(a).1,
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 20, 2007
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Ordinance No. 3836, an Ordinance of the City of Pasco, Washington, amending the
zoning classification of certain real property located at the corner of 28th and
Sylvester Avenue, from C-1 (Retail Business) to C-3 (General Business) with a
Concomitant Agreement.
MOTION: Mr. Garrison moved to adopt Ordinance No. 3836, granting a rezone for the
Frank Lindstrom property from C-1 to C-3 with a concomitant agreement as
recommended by the Planning Commission and, further, to authorize publication by
summary only. Mr. Jackson seconded. Motion carried unanimously.
Resolution No. 3038, a Resolution of the Pasco City Council forming an ad-hoc
Advisory Committee to recommend a Capital Project Plan for Aquatic Facilities to
serve the Pasco community.
MOTION: Mr. Garrison moved to approve Resolution No. 3038, forming an ad-hoc
Advisory Committee for Aquatic Facilities. Mr. Jackson seconded. Motion carried
unanimously.
NEW BUSINESS:
Consultant Services for Comprehensive Plan Update:
MOTION: Mr. Garrison moved to approve the Professional Services Agreement with
BHC Consultants for comprehensive plan update services and, further, authorize the City
Manager to sign the agreement. Mr. Jackson seconded. Motion carried 4-1. No - Larsen
Street Sign Replacement— City Wide Project No. 06-3-07:
MOTION: Mr. Garrison moved to award the low bid for the Street Sign Replacement—
City Wide Project No. 06-3-07 to Stripe Rite in the amount of$173,742.00 and, further,
authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion
carried by unanimous Roll Call vote.
2007Annual Overlay/Street Reconstruction Project No. 07-3-02:
MOTION: Mr. Garrison moved to award the low bid including Alternate A for the 2007
Annual Overlay Project No. 07-3-02 to Inland Asphalt in the amount of$447,476.75 and,
further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded.
Motion carried by unanimous Roll Call vote.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:34 p.m.
APPROVED: ATTEST:
Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk
PASSED and APPROVED this 4`h day of September, 2007.
2
CITY OF PASCO
Council Meeting of:
September 4,2007
Accounts Payable Approved
The City Council
City of Pasco, Franklin County,Washington
We,the u ders' ned, do her ify under penalty of perjury that the materials have been furnished,the
services re ed or the or perfo ned as described herein and that the claim is a just,due nd unpaid
obligation a i the ty and that a are authorized to authenticate and certi said cl ' ,
Gary 7eucndfer"signCed hi ity ger James W. Ch Finance Manager
We,t 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 4788 and 4790 in the amount of$184,669.58, have been authorized;that Check No.s 161899 through
162097 are approved for payment in the amount of$756,562.92,for a combined total of$941,232.50 on this
4th day of September, 2007.
Councilmember Councilmember
SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 400.00
Judicial 3,690.65
Executive 2,734.35
Police 153,526.86
Fire 3,271.93
Administration&Community Services 78,666.07
Community Development 35,678.86
Engineering 4,575.23
Non-Departmental 52,059.12
Library 88,508.15
TOTAL GENERAL FUND: 423,111.22
STREET 1,811.09
C. D.BLOCK GRANT 30.55
KING COMMUNITY CENTER 712.17
AMBULANCE SERVICE 5,089.18
CEMETERY 1,452.02
ATHLETIC PROGRAMS 273.35
SENIOR CENTER 2,987.61
MULTI MODAL FACILITY 1,644.25
RIVERSHORE TRAIL& MARINA MAIN 611.15
LITTER CONTROL 2,152.79
REVOLVING ABATEMENT 272.00
PARKS FUND 0.00
TRAC DEVELOPMENT 12,500.00
STADIUM/CONVENTION CENTER 6,474.33
SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00
METRO DRUG TASK FORCE 2,426.56
METRO DRUG FORFEITURE FUND 965.05
GENERAL CONSTRUCTION 7,076.00
WATER/SEWER 169,225.22
EQUIPMENT RENTAL-OPERATING 29,008.08
EQUIPMENT RENTAL-REPLACEMENT 735.09
MEDICAUDENTAL INSURANCE 184,679.58
CENTRAL STORES 2,863.04
FIRE PENSIONS 6,912.19
PAYROLL CLEARING 37,555.98
tri city animal control 40,664.00
GRAND TOTAL ALL FUNDS: $ 941,232.50
3(b).1
CITY OF PASCO
Council Meeting of:
Payroll Approval September 4, 2007
The City Council
City of Pasco
Franklin County,Washington
The followi is a summary of payroll claims against the City of Pasco for the month of
August 2007 wh' h re pr herewith for your review and approval.
Gary . Cru fie eager James W. CPO. 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. 36695 through 36986 and EFT deposit No's. 30018221 through 30018958
and City contributions in the aggregate amount of$2,457,804.06 are approved for payment on this
4th day of September 2007.
Councilmember Councilmember
SUMMARY OF PAYROLL BY FUND
GENERAL FUND:
Legislative $ 9,291.28
Judicial 84,281.92
Executive 61,530.08
Police 703,151.61
Fire 374,625.30
Administrative&Community Services 415,672.34
Community Development 86,418.86
Engineering 80,608.26
TOTAL GENERAL FUND 1,815,579.65
CITY STREET 61,824.07
BLOCK GRANT 16,553.29
MARTIN LUTHER KING CENTER 7,135.90
AMBULANCE SERVICE FUND 152,752.33
CEMETERY 14,169.62
ATHLETIC FUND 957.36
SENIOR CENTER 15,347.80
STADIUM OPERATIONS 318.12
MULTI-MODAL FACILITY 1,801.07
BOAT BASIN 6,783.22
REVOLVING ABATEMENT FUND 332,638.65
TASK FORCE 31,942.98
WATER/SEWER
EQUIPMENT RENTAL-OPERATING
GRAND TOTAL ALL FUNDS $ 2,457,804.06
Payroll Summary
Net Payroll 1,424,295.23
Employee Deductions 583,70534
Gross Payroll 2,008,000.57
City of Pasco Contributions 449,803.49
Total Payroll $ 2,457,804.06
3(b).2
AGENDA REPORT NO. 19
FOR: City Council August 21, 2007
TO: Gary Crutchfi 1 , Manager
FROM: Robert J. Albe s b'(lc.�Vorks Director Workshop Mtg.: 0$/27/07
Regular Mtg.: 09/04/07
SUBJECT: Amendment No. 1 to Professional Services Agreement with JUB Engineers
I. REFERENCE(S):
L Vicinity Map
2. Amendment No. 1 to Professional Services Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
08/27/07: Discussion
09/04/07: 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.
III. 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 Engineeers
Professional Services Agreement.
3(c)
ROAD 28 & ROAD 26
IMPROVEMENTS
i
":: � a ,R rdt' +4 Mww, ul�biuw,4PNd�nru ! •,, r , - ww.
•w1wt1 [ � k�4 n' i �, � ''k,4PM: .�"'r,w ''' ` � ,
F ¢ r F Ag
y �e
KA ��.
s 3
� r
r y _
s y
a:-
� `� 1 � � N Y/ -.-.--. _., !YII IYXr�ppiif�iS°i:';;• fit' �
N di
PROJECT
q w
k yy
...� .
r
a
ary! .a
v
r rd
�,'
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. Scope 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 92007.
CITY OF PASCO: CONSULT T—JUB Engineers:
Joyce Olson, Mayor Michard Door, Transportation Project Manager.
ATTEST: APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
JUB Engineers 1
Amendment
Professional Services Agreement—On-going Services
��,�. , J-U-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 �RECEIVF
City of Pasco
525 N. 3rd Avenue A[jGC1C17
P.O. Box 293 e.�
Pasco, WA 99302 PUBLIC V GRI';,"
RE: ROAD 26 AND ROAD 28/13ROWN 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. Proiect Management
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 toaJ-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 Brawn 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
rj•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 515,000.
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.
r J
�r/ 1
Richard H. Door, P.E.
Transportation Project Manager
RHD:mIg
Enc: Standard Agreement for Professional Services (2)
30-07.038.00/L-Alberts Design Proposal 8.20.07.doc
AGENDA REPORT NO. 68
FOR: City Council DATE: 8/30/07
TO: Gary Crutchfi i Manager WORKSHOP:
REGULAR: 9/4/07
FROM: David McDonald, City Planner
SUBJECT: FINAL PLAT - Northwest Commons, Phase 2 (EE Properties LLC)
(MF # FP07-006)
I. REFERENCE(S):
A. Copy of Final Plat (Council packets only; copy available in Planning Office or
Pasco Library for public review)
B. Vicinity Map
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to approve the final plat for Northwest Commons,
Phase 2.
III. FISCAL IMPACT: NONE
IV. HISTORY AND FACTS BRIEF:
A. The City Council previously approved a preliminary plat for Northwest
Commons. Northwest Commons is a single family residential
development located north of Sandifur Parkway and east of Road 52.
B. The developer is now seeking final plat approval for Phase 2 of the
Northwest Commons development.
V. DISCUSSION:
A. 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 ($464,598) to cover the costs of the outstanding
improvements.
B. 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(d)
Vicinity Item: Final Plat NW Commons Ph. 2
Applicant: EE Properties LLC
Map FP 07-006
raF
.. .._ . ~-�)�:. � �.�="!�Fpm LF��,���� /�� •t{ /
+t. s
r-
k_
W-11 I 1• �' -
•
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(S1:
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 (2 1,000). The UGB therefore needs
to be expanded to accommodate about 10,000 new residents.
8(a)
I
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 Planners 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
■
- - . - , : • •
SO
dul
MMS��i I� �_ � •iw� -
sit
�!1_�■fir: ��'alrr tiww_,.=�• ,� .;-�'�'">'"'`•u-a \ � 1
�� .�-S. ��' `-,'�` �;'� �.' 'l `�., `�..•�r,awl_�■
�:• '�,�q,rrr..��inmivr lluH�l� i� - � -.... ,, i:i��e
JOE Nf�k i3uR�ul.pi+ ...Ir.,;�"'�i�flll yyCM_ yi•
"•'t��l; miIr All I itl •=Iq.luntm,i :an1-Mlailfl �. ::Ir��liuwt� .�. �
�Um �. fi ■. 1[ri eliil
lily ii�
a �ir_ �� Si>• -� I ��1F - e1y+
ii 7 9a 1 a A'.3 II !
HIM �1EI1
■� a
s �E rim-,
1 Fl-
-a
IINI � i� nali'a of ys I !
-+s1 ql ..n� 11' 7r 1 y �I i 3 �a t� � �9 � . '�'•� I ,y.� llf
S is e i 1
li7
'lllfl�Lli it ii `i✓ '1 ` •i, 1 1 1
l=1
W f�,■
Fsf,fi.wiiffla�:.k k� ..iiir' II>■Hw�u1i �'' v ��� � r�'
A3
AGENDA REPORT
TO: City Counci August 31, 2007
FROM: Gary Crutch 6IManager Regular Mtg.: 9/4/07
SUBJECT: Capital Improv ment Plan
I. REFERENCE(S):
1. Memorandum re: Peanuts Park Restrooms, dated 4/20/07
2. Proposed Resolution.
rI. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
9/4: MOTION: I move to approve Resolution No. , adopting the Capital
Improvement Plan for fiscal years 2008-20113.
III. FISCAL IMPACT:
NIA
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 CIP.
• Farmer's Market Restroom (new page 19 distributed): 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); final can be
budget decision
• Page 61, Alley Approaches: increased construction cost estimate in 2008/2009
from $50,000 to $70,000 to reflect current construction costs.
• Page 81, Water Treatment Plant: $ error corrected(new page distributed).
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.
8(b)
MEMORANDUM
TO: Gary Crutchfield, City Manager PA.$C0 CITY H
ALL
` // PECEIVED
FROM: Stan Strebel, Administrative an 4L�ity
Services Director AUG 2 1 2007
DATE: April 20, 2007
cl'TY 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, I 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 coming 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 Clerk City Attorney
AGENDA REPORT NO. 66
FOR: City Council DATE: 8/30/07
TO: Gary Crutchfie Manager WORKSHOP:
REGULAR: 9/04/07
FROM: David I. McDonald, City Plannerv-11-
SUBJECT: SPECIAL PERMIT: Edgar Brown Stadium Remodel (Pasco School
District) (MF# SP07-008)
I. REFERENCE(Sl:
A. Report to Planning Commission
B. Planning Commission Minutes: Dated 7/19/07 & 8/ 16/07
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to approve the special permit for the Edgar Brown
Stadium Remodel, as recommended by the Planning
Commission.
III. FISCAL IMPACT: NONE
IV. HISTORY AND FACTS BRIEF:
A. On July 19, 2007 the Planning Commission conducted a public hearing
to determine whether or not to recommend a special permit for
improvements to the Edgar Brown Stadium.
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 improvements to the Edgar Brown
Stadium. The recommended conditions are contained in the attached
Planning Commission report.
C. No written appeal of the Planning Commission's recommendation has
been received.
10(a)
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP-07-008 APPLICANT: Pasco School District #I
HEARING DATE: 7/ 19/07 1215 W Lewis St
ACTION DATE: 8/ 16/07 Pasco, WA 99301
BACKGROUND
REQUEST: SPECIAL PERMIT: Edgar Brown Stadium Remodel (Pasco School
District) (725 N 18th.)
1. PROPERTY DESCRIPTION:
Legal: Block 10 Stadium Park Addition and the west half of Block 2 Pasco
Improvement Company's First Addition.
General Location: North of Sylvester between 15th and 18th.
Property Size: Approximately 20 acres
2. ACCESS: The site has access from 18th Avenue.
3. UTILITIES: Municipal services are available on surrounding streets.
4. LAND USE AND ZONING: The site is currently zoned R-1 (Low Density
Residential) and is developed with the Edgar Brown Stadium. Surrounding
properties to the north, east and west are zoned R-1 and developed with
single family dwellings schools and churches. The properties to the south
zoned R-1 and C-1 (Retail Business) and developed with dwellings, offices
and retail businesses.
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for
public or quasi-public uses such as schools. The proposed use is a high
school. Goal UF-5 suggests adequate provisions for educational facilities
should be located throughout the urban growth area. Policy-5-A encourages
the appropriate location and design of schools facilities through out the
community.
6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a
determination of nonsignificance in accordance with review under the State
Environmental Policy Act (SEPA), Chapter 43.21 (c) (RCW).
DISCUSSION
Schools and similar facilities are listed as unclassified uses in the Pasco
Municipal Code Title 25 (Zoning). Unclassified uses may be permitted in any
zoning district following a review through the Special Permit process. School
facilities include associated sports fields and stadiums.
The Edgar Brown Stadium has been located on the site in question for 40 or more
years. Approximately 10 years ago the west side of the stadium property was
improved with new buildings, a parking lot and landscaping. More recently the
football field was replaced with a synthetic field. The neighborhood surrounding
the stadium is fully developed and has been for many years. Considerable
community support exists for school facility construction as evidenced by
frequent community approval of a special bond levies to finance the construction
activities. When the new Chiawana High Schools opens up in 2009 expanded
facilities will be needed at the Stadium.
The proposed Stadium remodel involves the expansion of the locker rooms, the
addition of new restroom facilities combined with a concession building and
additional spectator seating. The proposal also calls for the construction of a new
135 space parking lot and landscaping. The proposed parking lot will eliminate
the vacant weed covered parcel located at the southeast end of the stadium. This
lot has been used over the years for overflow and or visitor parking for many
years. Use of the vacant lot for parking has created dusty conditions in the
neighborhood during large events at the stadium. Improvements associated with
the parking lot will complement improvements made on the west side of the
Stadium. These improvements will also benefit the neighborhood by eliminating
nuisance conditions associated with the vacant parcel.
The Stadium site is fully developed and does not require improvements to the
surrounding infrastructure. The proposed parking lot improvements call for
paving the existing alley running along the east side of the proposed parking lot.
A determination on the location and need for any additional fire hydrants will be
completed during the building permit plan review. Any improvements needed in
infrastructure associated with construction activities shall be the responsibility of
the School District.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings
drawn from the background and analysis section of the staff report and
comments made at the public hearing. The Planning Commission may add
additional findings as deemed appropriate.
2
1. The Stadium site is located in an R-1 zone.
2. Schools facilities are unclassified uses that require review through the
special permit process prior to permitting for construction.
3. The Comprehensive Plan identifies the site for public or quasi-public uses.
4. Comprehensive Plan Goal OF-5 suggests adequate provisions for
educational facilities should be located throughout the urban growth area.
5. Sylvester Street is located directly to the south of the site.
6. The Edgar Brown Stadium has been located on the site for more than 40
years.
7. The proposed parking lot area is currently an unimproved vacant parcel.
8. Use of the unimproved vacant parcel for parking has created dust
disturbances in the past.
9. The proposes remodel will include a paved parking lot in the vacant lot on
the east side of the stadium.
IO.Chiawana High School will be open in 2009.
11. The Stadium will be used by Chiawana High School students.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must draw its conclusion from the findings of fact based upon the
criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as
follows:
1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
The proposed use supports the following plan policies or goals: OF-5
suggests adequate provisions be made for educational facilities throughout
the Urban Growth Area. Policy-S-A encourages the appropriate location and
design of schools through out the community. The future land use map of
the Comprehensive Plan designates the site for public and quasi-public
uses. Schools and school facilities are public uses.
2) Will the proposed use adversely affect public infrastructure?
The Stadium site is fully developed. Surrounding streets and utilities have
been in place for many years. These utilities have been sized to
accommodate the needs of the stadium.
3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
3
The Edgar Brown Stadium has been located on the site for over 40 years.
Single family houses, churches and businesses have all developed around
the stadium. The Stadium is a major part of the general character of 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 neighborhoods surrounding the Stadium are fully developed. An on-
line search (7-9--07) of the County Assessors property records indicates
property values near the Stadium have increased in recent years.
5) Will the operations in connection with the proposal be more objectionable to
nearby properties by reason of noise, fumes, vibrations, dust, traffic, or
flashing lights than would be the operation of any permitted uses within the
district?
The proposed addition to the Stadium will not increase the school's
capacity to house more students in classrooms. The addition simply
provides improved cafeteria, office and storage space for the existing
students. With the completion of the new high school on Argent Road
student enrollment at the Pasco High School will decrease. The Pasco High
School has a long history of being part of the neighborhood in which it is
located.
6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in anyway will become a nuisance to uses
permitted in the district?
The Stadium improvements will be constructed to meet all requirements of
the International Building Code, the adopted Fire Code, the adopted
plumbing code and all other construction codes and state regulations
pertaining to stadium related construction. Schools facilities have a long
history of acceptance in residential neighborhoods. In most communities
schools including high schools are located in or near residential
neighborhoods. The education and social development of children is
generally not viewed as a nuisance.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact and
conclusions there from as contained in the August 16, 2007 staff report.
4
MOTION for Recommendation: I move based on the findings of fact
and conclusions there from the Planning Commission recommend the
City Council grant a special permit to the Pasco School District # 1 for
the Edgar Brown Stadium Remodel with conditions as contained in the
August 16, 2007 staff report:
(Proposed) Approval Conditions
(1) The special permit is personal to the applicant;
(2) The remodel work shall substantially conform to the site plan submitted
with the special permit application;
(3) All work in the parking lot and alley must conform to the requirements
of the City Engineer
(4) The special permit shall be null and void if a building permit has not
been obtained by September 1, 2009.
5
METAL ROOFING CONTINUOUS
GUTTER
17
�— r I _
4 4Fsj i1l6 � l
-T DRiNKYNG R SERVICE
=� t
FOUNTAIN � :- � "�.. -- - WINDOW ,
C------------------------------ -------------------------- C-------------- --------------5
GONCES810N BUILDING ELEVATION CONCESSION BUILDING ELEVATION GONGES510N BUILDING ELEVATION
ecJLL.e:vw', Y-o' 4IAI Q�V16'. I'-C 6GALE�vi6'. I'-0'
CONTINLOUS
GUTTER
41 { 9 + 1 7
'
I 1 ! f S ' ! ' Irll
rS li i iiii ? Is rt ; � 1 i { ! i � 1RII II i -' 1
------------------------------------------------------------- -------------------------- -----5 ------------------------------------------5
LOCKER ROOM BUILDING ELEVATION LOCKER R001`1 BUILDING ELEVATION
eeettr wr .r-m INSULATED METAL CN0.] xaL.e,LAW. r-W
DOOR
METAL ROOFINrs
12 SNEETNOTEB:
a 3 f t I Y t t
4 SCHEMATIC BUILDING ELEVATIONS PROVIDED FOR
SPECIAL PEF1!MIT PROGn$S FOR CTT OF PASCO.
EDCUM OROSRB11 STADIUM IUfOPAMM
------------------------------------------------------------------------------------- PASCO*OHM DUMFJCT
LOCKER ROOM BUILDING ELEVATION 1PMW%WA
ecw�>uai9 . r o J.NE 13,2001
i
•
. ♦
•
r w � ♦ + •
L dr-KER
• ♦ ♦
•AQviTioN
X 13
:M1 ..i ..;.: • ^ • •
CL
,�.. Ira; � y..'sn�r'��?, - •
•nR� aat. .:{b�•f`vw•P�,i♦w3 Y�.•ya�+`a1ry„aitYi n�3?'ra •mot
y •':i` •;A�y^j w,ti�t r, yys«•3,, 4.y.y�r+F•, •:��;;rS•' :�.:, •
• ':;4tii, 4yri- ..'w;i�'.:h,J.•.•.s:; .�.5e A`. ti,;_.se. 4.,.(H..
_ F'��,,',y,d4'-'.s',4 tl•"�„f"�.-e`�.'!^itA•M�a'1'w9�:�p�.,c.e-,,{•^:..�-::i,.. -L'.•.
'•�ti "•.nr,F s:•J 4`.•Srrcr+t"e,e��r�r•vi ry i;-(ia 3:•7.... :i �.
+•♦+a+a♦a♦a+a+♦+ara♦♦•+ ++++a+ar ha♦ .'�'•'�
':;war''.. ♦ ♦ s • a .t..1^,�..
♦ 4 ♦ + ♦ + + + ♦ ♦ • h + h f
f ♦#+f+4 ♦ ♦
+ ♦ ♦ 4 f ♦ # ♦ i ♦ ♦
+ + ♦ h 4 ♦ + ♦ ♦ • • r + + r + r ♦ :fit•j er•
♦ ♦ /++ + ♦ ♦ rev • + + + �+ + +
♦ # ♦ ++h+h♦++++�♦♦++♦+♦+r all
+ ♦ ♦ h ♦ # ♦ ♦ a + ♦ e ♦ ♦ ♦ ♦ +
Ws
+ + ♦+Y + ♦ r + r ♦ ♦ ♦ ♦ ♦ # ♦ 4 M
+♦+ r • r r ♦ r • + • ♦ + + r
♦ ♦ +
<^l ! ♦ + ♦ ♦ + + + + ♦ ♦ + r ♦ +
:® '���,.Y Vii,:. •u- ^,•;0. 4 - j + `.`:)"�~' I♦
-Fr •�
yea•. .i.. _��r1:A�.:ih.":'� e -1r�'..�4Cx•.1.,T•�, �w
`. -t. H }r,'v-' 'Y}1 ^S ajy�2tr� :�►arr�bv^ 'a':
SITE - i AN EDGAR DROWN STADIUM ` -+ a�
•aw s NOT TO 6 E OVERALL SITE PLAN
PA$CO,WA T T e4T8
y�y 30,20M ♦•1•NWfM11.�t�t1tY7Yr1.1i1 1
1 A I t�worutntmryt�lalftlwatlmnM
I � I►1 M��
`I � 11 1 11111
II
I III t1lrtlr�r�r�r�A�A7t1��tt1� 1
'aws tt►. rws1 rrr.ar
1 -IIIIIII I I, i I qty �!f!� ptr���r� vo ru�*r j
1r■/rur�r.m= ta.ka
I �I� Ili �� •`s' .�-• �,►. �..-
u ..
1111 111118®r,
11 •i4•'
i
111]VIA
I r I
r IL�►I!a, �� I
Ilill�l�a �:,
.7 � / � .. 111"�►� •�i +! Y I
- I ■ N r�,� - A t
llfl wl
Ili °ul
r'- '
�m i.
�.I � Illlfl'IIIII�\.:; (►.:.1►.1 'S fir`'±�
IIMIT'-" yew LIM
111•;
•ry I I
Ili! ILI
''
ka
LIR y+p K7iaY�
(�► �I�I�� �.. wig f
r
'rte
Airil .,Keasa tea_:,r+anirrli+ '.. - �
f �� - --r�+•+•��a'�AIIRE WRMIgAa�++tt t.�ADRL»a0m.!_ a*'�:.'�y'vr::q�,q:
i
_ I
—� :
Vidn'ty Item: S ecial Permit Stadium Remodel
Applicant:
Pasco School District N
Map File : SP
C;
4
§�
Inc
I
t
III
I i 4
. SITE
WIX01144- T .,
3
4 _ ,..,-�. -., _ � — �' ''�,•. Via' �? '.��� ,
-:--, --:g`.. '=y'!- <--
� _ LU ,. ..
��': � g{ •Q q ..s � -� - a Q� t Sara ;.�M"� � � ��� �,_•���,: .�: �' o-� '�„ ��,:'
V
,
`w ibis..��� yn ��".,,•- .-.`-'sue- � - �' _ � - '`.s-�...�.,r
b vma: i r..a'
�w7risnr. !i i �.
,• ...-..+.:.,-i.� �r.,c-- �.,,,,� - ham".'' �-
Land Item: Special Permit Stadium Remodel
Use Applicant: Pasco School District rt
Map File #: SP 07-008
� SFRU's Elementary
School FRU's
W MARGARET ST Church
and W MAI
SFRU's Private
School
W PARK ST W I
[Church HASSAI�I� T
z
W NIXON ST SFRUS W p
Mixed a Mixed
Commercial Res. M C Res.
0
W SYLVESTER ST w m w
> j Trade School Mixed Use m Q
Mixed a Mixed Q z Mixed F
Res. � Residential � h Res.
Z z
Zoning Item: Special Permit Stadium Remodel
Applicant: Pasco School District x
Map File #: SP 07-008
= Z
R-1
z
W MARGARET ST
W W MAI
Q
R-1 �
R-1 W PARK ST Z W I
SITE HASSALO ST R-'I
Z
WNi�NSr -..%, R_1 Wr
R-2 =
C-1
W SYLVESTER ST W
R-3 >F�R-3 > C-1 Q
_ = R-1 = � � R-2
R-1 R-1 00 R-1 R-1
Z z
Planning Commission Minutes
7/19/07
C. Special Permit Edgar Brown Stadium Remodel (MF# SPO7-008)
(Pasco School District) (725 N 18th)
Vice Chairman Samuel read the master file number and asked staff for a report.
Staff stated that notice of the hearing was published in the newspaper and
mailed to surrounding property owners and presented his report.
Staff reported that the proposal is for improvements to the Edgar Brown
Stadium Remodel including additional spectator seating on the east side of the
stadium, new concession stands, locker room additions, restroom facility and
parking lot just to the east of the stadium between the residential development
to the east and the stadium.
Staff reviewed the history of the stadium including a remodel approximately 10
years ago. Considerations for this project include the additional growth caused
by the new Pasco High School, impacts to surrounding property values
(surrounding properties have gone up in value over the years), and improvement
to parking lot (dust reduction and improved appearance).
Commissioner Little asked if there were any complaints on the noise from the
neighbors.
Staff stated that he was not aware of any significant complaints.
Vice Chairman Samuel opened the public hearing.
Kim Marsh, Capital Project Manager for the Pasco School District, 1215 W.
Lewis, Pasco, WA. The Pasco Community is fortunate to have many quality
public facilities and we certainly believe that included in the list would be Edgar
Brown Stadium. This project is part of the 2006 capital bond which, upon
completion, will accommodate the two high schools plus other public uses. It
was also noted by Mr. Marsh that in his 16 years with the Pasco School District,
have never received a complaint on noise or light or activities at the stadium.
After three calls for public comment, Vice Chairman Samuel closed the Public
Hearing.
Commissioner Hay moved to close the hearing on the proposed Special Permit
and to schedule deliberations, adoption of findings of fact, conclusions and a
recommendation to the City Council for the August 16, 2007 meeting.
Commissioner Anderson seconded the motion; motion carried unanimously.
Planning Commission Minutes
8/16/07
B. Special Permit Edgar Brown Stadium Remodel JMF# SP07-0081
(Pasco School District) (725 N 18th
Chairman Samuel introduced the item and explained that it had been presented
at the last meeting and public comment had been received at that time. No
further public comments will be taken during the deliberations.
Chairman Samuel asked for additional comments or questions.
Commissioner Little moved based upon the findings of fact and conclusions
there from the Planning Commission recommend the City Council grant a
special permit to the Pasco School District #1 for the Edgar Brown Stadium
Remodel with conditions as contained in the August 15, 2007 staff report.
Commissioner Rose seconded the motion; motion carried unanimously.
Staff noted that this item will come before the City Council on September 4,
2007 unless there is an appeal filed at which point a closed record hearing will
be required.
AGENDA REPORT NO. 67
FOR: City Council DATE: 8/30/07
TO: Gary Crutchfi 1 Manager WORKSHOP:
REGULAR: 9/04/07
FROM: David I. McDonald, City Planne t—
SUBJECT: SPECIAL PERMIT: Daycare--Eli's Place (Jose Lugo)(8610 W Court
St) (MF# SP07-009)
I. REFERENCEjSL:
A. Report to Planning Commission
B. Planning Commission Minutes: Dated 7/ 19/07 & 8/16/07
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to approve the special permit for the location of a
daycare facility at 8610 West Court Street, as recommended by
the Planning Commission.
III. FISCAL IMPACT: NONE
IV. HISTORY AND FACTS BRIEF:
A. On July 19, 2007 the Planning Commission conducted a public hearing
to determine whether or not to recommend a special permit for the location
of a daycare facility at 8610 West Court Street.
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 a daycare facility at 8610 West Court Street
The recommended conditions are contained in the attached Planning
Commission report.
C. No written appeal of the Planning Commission's recommendation has
been received.
10(b)
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP07-009 APPLICANT: Jose 8. Celene Lugo
HEARING DATE: 7/ 19/07 5211 Flores Lane
ACTION DATE: 8/ 16/07 Pasco, WA 99301
BACKGROUND
REQUEST: SPECIAL PERMIT: Daycare at 8610 West Court Street.
1. PROPERTY DESCRIPTION:
Lam: A portion of Lot 1 Short Plat 2004-06
General Location: 8610 W. Court St.
Property Size: .83 acres
2. ACCESS: The site has access from Court Street
3. UTILITIES: Water is available to the site. Sewer service is available at
Road 88 and Court Street.
4. LAND USE AND ZONING: The property is currently zoned R-S-20
(Suburban Residential) and developed with the vacant land Mark
Missionary Baptist Church. Surrounding properties in the City (south of
Court Street) are also zoned R-S-20 and are developed with single family
dwellings, with the exception of the vacant properties to the east. The
properties to the north, in the County, are zoned R-S-40.
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site
for residential uses. Plan goal OF-5 suggests provisions should be made
for educational facilities throughout the Urban Growth Area.
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
Approximately 3 years ago the Planning Commission recommended a special
permit be granted for a daycare facility on the proposed site. The applicant
recently purchased the Kinder Care preschool/daycare at 8610 W. Court Street
and is in the process of changing the business name. The previous special
1
permit was applicable to the businesses owner only. Changing the ownership
of the facility creates the need for another special permit review.
The site contains an existing daycare located in a 3,200 square foot building a
parking lot and a fenced playground area. Staff is unaware of any complaints
generated by surrounding property owners as a result of the current daycare
activities on the site.
Educational facilities (schools) and daycares are typically located in or near
residential neighborhoods. While the proposed facility is not a public school it
will operate somewhat like a school. Ruth Livingston Elementary School to the
north on Road 84 has a functioning daycare.
The site is located on a major east/west arterial and as such has good access.
The existing traffic generated by the daycare is being accommodated on Court
Street and said traffic has had minimal impact to nearby residential
neighborhoods.
INITIAL STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report.
The Planning Commission may add additional findings to this listing as the
result of factual testimony and evidence submitted during the open record
hearing.
1) The site is zoned R-S-20;
2) Surrounding properties in the City are zoned R-S-20;
3) Properties to the north of the site in the County are zoned R-S-20;
4) Court Street is an major arterial ;
5) For many years the site was occupied by a church;
6) The site contains an operating daycare/preschool
7) The City of Pasco has doubled in population since 1990;
8) Population growth has created a demand for preschool and daycare
facilities;
9) The Comprehensive Plan designates the site for residential uses;
10) The Comprehensive Plan goal OF-5 encourages educational facilities to
be located throughout the Urban Growth Area;
11) Schools are typically located in or near residential neighborhoods;
12) DSHS regulates daycare facilities;
13) Properties to the south have developed in recent years with large single
family dwellings;
2
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusion
based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows:
1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
The Comprehensive Plan goal OF-5 encourages educational facilities to
be located throughout the Urban Growth Area.
2) Will the proposed use adversely affect public infrastructure?
The proposed facility is located on an arterial street that is capable of
handling significant traffic. The use of the property for a preschool
and daycare will increase water usage at the site slightly. The building
is served by an existing septic system.
3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
The building in question has been located on the site for at least 30
years. In the past the building has been used for a church and more
recently has been a daycare facility. The existing daycare facility has
operated in harmony with 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 site has contains an existing daycare facility that has been in
operation for about three years. A new single family dwelling is being
constructed directly to the east of the daycare. The height of the
building will not change as a result in the change of ownership of the
daycare.
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?
3
Existing traffic on Court Street creates more noise, fumes, vibrations,
dust and traffic than would be associated with the operation of a
preschool and daycare.
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?
Use of the property as a daycare has not endangered public health and
did not create a nuisance.
RECOMMENDATION
MOTION: I move the Planning Commission adopt the Findings of Fact
and conclusions as contained in the August 16, 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 the
Jose and Celene Lugo for the location of a day care center at 8610 West
Court Street with conditions as contained in the August 16, 2007 staff
report:
Proposed Approval Conditions
1) The special permit shall be personal to the applicant;
2) The building and grounds of the day care must be maintained in a
professional manner at all times;
3) The applicant must obtain and maintain all necessary DSHS
licenses;
4) A secured outdoor play ground must be maintained as required by
DSHS;
5) The special permit shall be null and void if a business license has
not been obtained by October 1, 2007.
4
Item: Special permit Eli's Place Daycare Vicini A
p plicant: Jose & Celene Lugo N
Map -
File # : SP 07-009
T - '
SITE
IP
TV
V
i-:
_ yy
_
_ s
k
Y4.
__ ...
-
1481,
Land Item: Special permit Eli's Place Daycare
Use Applicant: Jose & Celene Lugo x
Map File #: SP 07-009
00
0
SFRU's 0 SFRU's
City Limits
W COURT ST �\
Cry �
SITE �,� o
SFRU's Vacant p -
WHIPPLE AVE
SFRU's SFRU's
ROBERTS DR
Zoning Item: Special permit Eli's Place Daycare
Applicant: Jose & Celene Lugo x
Map File #: SP 07-009
co
00
0
County � County
City Limits
W COURT ST
SITE cy�:�,f 00
s o
RS-20
WHIPPLE AVE
RS-20
ROBERTS DR
Planning Commission Minutes
7/19/07
D. Special Permit Eli's Place Daycare (MF# SP07-009) (8610 W
Court St.)
Vice Chairman Samuel read the master file number and asked staff for a report.
Staff addressed the Commission and stated that notice of the hearing was
published in the newspaper and mailed to surrounding property owners.
Staff reported that this was a change of ownership and no dramatic change in
usage of this facility is expected. This is a R-S-20 zone, low density suburban
residential area located right on a major arterial. Previously, the site was a
church. As the population increases, the need for pre-school and daycare
facilities is increasing. The Comprehensive Plan designates this site for
residential usages; however, plan goal OF 5 encourages educational facilities
within all area of the city.
The Chairman opened the Public Hearing.
Joseph Lugo, 5211 Flores Lane, Pasco, WA, stated that currently this site is
called Kinder College as stated on the conditional use permit. They have full
intentions of continuing the operations of the facility with just a name change.
In addition, their only immediate actions to the facility will be to improve the
aesthetics of the outside of the building. The State is working with them to get
their license in place and take over without closing the doors.
Bill Venema, 8517 W Court St, Pasco, WA. Mr. Venema lives across the road
from the facility. He is in support of the proposal. Mr. Venema noted that there
is a large weed patch that needs to be addressed and was unsure if the
applicant owned the property.
Mr. Lugo noted that he only owned 10 feet behind the property.
Vice Chairman Samuel asked if he has spoken to the City regarding this issue.
Mr. Venema noted that he did complain last summer.
Vice Chairman Samuel noted that this is outside the purview of the Planning
Commission but that you should talk to Mr. Smith with the City of Pasco to get
some satisfaction.
After three calls for public comment, 'Vice Chairman Samuel closed the Public
Hearing.
Commissioner Anderson 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 August 16, 2007
meeting.
Commissioner Hay seconded the motion; motion carried unanimously.
Planning Commission Minutes
8/16/07
C. Special Permit Eli's Place Daycare (MF#SP07-009) (Jose Lino)
(8610 W Court St.)
Chairman Samuel introduced the item and explained that it had been presented
at the last meeting and public comment had been received at that time. No
further public comments will be taken during the deliberations.
Chairman Samuel noted a recent article in the Tri-City Herald on the need for
daycare and was glad to see that the facility would stay open.
Commissioner Hay moved to adopt the Findings of Fact and Conclusions there
from as contained in the August 16, 2007 Staff Report.
Commissioner Little seconded the motion; motion carried unanimously.
Commissioner Hay moved based upon the findings of fact as adopted, the
Planning Commission recommend the City Council grant a special permit to the
Jose and Celene Lugo for the location of a day care center at 8610 West Court
Street with conditions as contained in the August 16, 2007 staff report.
Commissioner Rose seconded the motion; motion carried unanimously.
AGENDA REPORT
FOR: City Council August 30, 2007
TO: Gary Crutchf anager Regular Mtg.: 9/04/07
FROM: Stan Strebel, ative and Community Services Director
SUBJECT: Bids for Sun Willows Golf Course Cart Path Improvement Project
I. REFERENCE(S):
1. Bid Tabulation
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
9/04: MOTION: I move to award the contract for the Sun Willows Golf Course
Cart Path Improvement Project to the low bidder, Rhoads
Asphalt, in the amount of$58,709.84, plus sales tax, for the
Base Bid plus Alternates 1 and 2.
III. FISCAL IMPACT:
2007 Budget: $80,000
IV. HISTORY AND FACTS BRIEF:
A) On August 29 the City received three bids for the Sun Willows Golf Course Cart
Path Improvement Project (see bid tabulation attached). Rhoads Asphalt of Pasco
submitted the lowest base bid in the amount of$24,162.00, plus applicable sales
tax.
B) Other bids for the project ranged from $48,228 to $64,360, plus tax for the base
bid.
C) This project will repair several areas of cart path on the golf course that have been
worn out or damaged by tree roots. The budget will allow the award of Bid
Alternates Nos. 1 and 2, which will remove some existing cart path and construct
new path (approximately 9261f)to avoid root problems in the future.
D) Staff recommends award of the contract to the low bidder, Rhoads Asphalt for the
Base Bid and Alternates 1 and 2.
10(c)
Page 'I of 1
BID TABULATION -Sun Willows Golf Course Cart Path Improvement Project Bid Opening,Wednesday, August 29, 2007
CONTRACTOR: CONTRACTOR: CONTRACTOR:
Base Bid I Rhoads Asphalt A& B Asphalt Inland Asphalt
NO.I DESCRIPTION QUAN UNIT UNIT PRICE ITOTAL BID UNIT PRICE TOTAL. BID UNIT PRICE TOTAL BID
1 Asphalt Path Removal and Replacement 9,440 Sq. Ft. $2.55 $24,072.00 $4.95 $46,728.00 $6.50 $61,360.00
2 Rock 3 Cu. Yd. $30.00 $90.00 $500.00 $1,500.00 $1,000.00 $3,000.00
Total $24,162.00 $48,228.00 $64,360.00
Add Alternates
NO.I DESCRIPTION QUAN I UNIT I UNIT PRICE TOTAL BID JUNIT PRICE ITOTAL BID I UNIT PRICE ITOTAL BID
1 jAdditive Alternate Bid No. 1 (Disposal) 7,176 Sq. Ft_ $2.44 1 $17,509.44 $0.75 $5,382.00 $2.30 $16,504.80
2 Additive Alternate Bid No. 2 (Construction) 7,408 Sq. Ft. $2.30 $17,038.40 $2.45 $18,149.60 $3.25 $24,076.00
NO.I DESCRIPTION QUAN UNIT JUNIT PRICE BID
1 JAIternate Unit Bid No. 1 (Overlay) NIA Sq. Ft. 1 1.15 $1.751 1 $5.50
Certified By:
AGENDA REPORT NO. 1S
FOR: City Council August 21, 2007
TO: Gary Crutchfie anager
FROM: Robert J. Albe144ic Works Director Workshop Mtg.: 08/27/2007
Regular Mtg.: 09/04/07
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
09/04/07: 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.
10(d)
Memo r".i�E it I r 11
. , Public Works Department
Y
Engineering Division
To: Bob Alberts P.E., Public Works Director
From: Michael 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
EXISTING
1,UNGCVMBMG
City E $sneer
1 Position s,ecre&ry I
I Posidon
Associate Eng. „Senior Offiee
Lead Insp. Engineer
I Posidon I Posidon Des an Assodatc Fho RedewAxwwa& CWDIMjspp�g
Engineer E eer S iaiist
Co 6vcdon 2 Posidon I Posidon I Posidon
for
3 Posidons TmMe Eng. 00ce Eng.
Technician Technician
I Posidon I Posidon
ENGINEERING DIVISION
PROPOSED
ENGVWXXMG
City Enolneer
I Posidon
Comm&uedon
Manager Secretary I
I Posidon 1 Posidon
Associate Eng. senior Omce
Lead Insp. En eer
1 Posidon 1 Posidon Design Assoc/ate n KCW0wAawc"tie CADp/Maappppirrg
Engineer Engineer S alist
2 Posidon 1 Posidon 1 Posidon
CQnsiruction
Inspector TYad�ic Eng. Office En
g.PosidoEng.Technician Technician
1 Posidon I Posidon
AGENDA REPORT NO. 21
FOR: City Council August 21, 2007
TO: Gary Crutchfi , ' Manager
PROM: Robert J. Albe , Oc Works Director Workshop Mtg.: 08/27/2007
Regular Mtg.: 09/04/07
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
09/04/07: MOTION: I 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.
Ill. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRI EF:
A) On August 6, 2007, Council approved a special permit to Clearwire US, LLC 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 Sandifer 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.
1Q(e)
Recorded at the Reguest 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 T, 2007, between CITY OF PASCO, a Washington
Municipal Corporation, hereinafter referred to as "Licensor", and CLLARWIRE 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—TBEREO , 40.01% TH LEAV SD N LN SOI D04'E, 50.01'
TO INT OF SLY MARG—OF SANDIFUR PKWY&ELY MARG ROAD
76 & TPOB; 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 30°, 150°, 270°.
Clcarwire Site TD:WA-KWK 024
Com►nunication 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 Cablina. Extend coaxial cables from the equipment area to each
antenna.
E. 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 Drive. 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. Fencin . 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. Term. 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
Communication Site License 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 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.
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 Licensor'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, Ethernet 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 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 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 Licensoe's
water tower security area only upon compliance with the Homeland Security Regulations
Cleat-wire 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.
S. Taxes. 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
Clcarwire 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 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.
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) 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.
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 ID;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 orally 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 (S 1%) 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 Licenser'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 Licensor's Lien. (a) Licensor hereby waives any and all lien rights it rrray
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 tirne 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 Cnloyment. 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 1D:WA-KWK024
CO1T MUlliGati01]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 Licensor'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.
15. Environmental. As of the Commencement Date of this Agreement: (1) Licensee
hereby represents anT 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, 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 Licenser'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
Pax: (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 Lighting. 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(M)per annum.
Clearwire Site ID:WA-KWK024
Communication Site License Agreement-8
t8. Miscellaneous.
18.1 For 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 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 taw.
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 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.
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, LLC
By: By:
Name. Nam . John A Starch
or ep oyment
Title: Title:
Date: Date:
Tax I.D.:
Clearwire Site ID:WA-KWK024
Communication Site License Agreement-9
STATE OF WASHINGTON )
: ss.
County o#`Pasco )
On this day personally appeared JOYCE OLSON, Mayor of the City of Pasco, t"
be known to be the individual described in and who executed the within and f-oregoing. ,
instrument, and acknowledged that she signed the same as lies• free and voluntary act ani-t:::.: : : : : :
deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 22007,
Print Name
Notary Public in and for the State of Washington
Residing at
My Commission Expires: _
S'T'ATE OF WASHINGTON )
ss.
County of King )
On his I day personally appeared `� � j I±\VA, ,
VP Nei, of Clearwire US, LLC, to be known to be the individual
described in and ho I 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.
t�
GIVEN under my hand and official seal this day of-41'( ' 2007
0_,='` VIA Print N 1e Joni Heiss
A, Notary P blic in an for the St to of ashington
'., ,.v��yc► at
.51 Residing at �)
9J''' ,4-31-�� My Commission Expires: ' I
t1��►�
,f+ttiI Nw� �`_
Clearwire Site ID: WA-KWK024
Communication Site License Agreement- 10