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HomeMy WebLinkAbout2008.03.03 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. March 3,2008 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 February 19, 2008. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$1,386,776.39 ($101,343.28 in the form of Wire Transfer Nos. 4915 and 4919; and, $1,285,433.11 consisting of Claim Warrants numbered 164632 through 164837). 2. To approve Payroll Claims in the amount of $2,366,607.52, Voucher Nos. 37541 through 37682; and EFT Deposit Nos. 30021343 through 30022080. *(c) TPA Budget Amendment: 1. Agenda Report from Gary Crutchfield, City Manager dated February 29, 2008. 2. Letter from TPA to City Council dated 2/28/08. To approve the transfer of$104,000 from the reserve account within the TPA budget to be used for promotional project expenditures. (d) Disposal of Surplus Property: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director February 13, 2008. 2. Memorandum and e-mail from Dave Renzelman, Crime Specialist/Evidence Technician. 3. Proposed Resolution(Weapons). 4. Proposed Resolution(Vehicle). Resolution No. 3069, a Resolution authorizing the sale of forfeiture/unclaimed asset property surplus to city needs. To approve Resolution No. 3069, authorizing the sale of forfeiture and unclaimed weapons that are considered surplus to city needs. -AND- Resolution No. 3070, a Resolution authorizing the sale of seized/asset forfeiture property surplus to city needs. To approve Resolution No. 3070, authorizing the sale of a seized/forfeiture vehicle considered surplus to city needs. (e) Resolution No. 3071, a Resolution accepting the donation of certain real property located on Clark Street. 1. Agenda Report from Gary Crutchfield, City Manager dated February 27, 2008. 2. Vicinity Map. 3. Resolution. To approve Resolution No. 3071, accepting the donation of certain real property located on Clark Street. (RQ MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) Regular Meeting 2 March 3,2008 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Q*(a) Alley Vacation—A portion of the alley in Block 5,Longs First Addition (MF#VAC-08-002): 1. Agenda Report from David I. McDonald, City Planner dated February 29, 2008. 2. Proposed Ordinance and Vicinity Map. 3. Dedication Deed and Vicinity Map. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating a portion of the north/south and east/west alley in Block 5,Longs First Addition. MOTION for Vacation: I move to adopt Ordinance No. vacating a portion of the alley in Block 5,Longs First Addition and, further,to authorize publication by summary only. -AND- MOTION to Accept New Alley: I move to accept the dedication deed from Benjamin Lee for an alley in BIock 5, Longs First Addition. Q*(b) Easement Vacation—Waterline Easement at Tri-Cities Prep (MF#VAC-08-001): 1. Agenda Report from David I. McDonald, City Planner dated February 27, 2008. 2. Proposed Ordinance and Vicinity Map. 3. Dedication Deed for a Waterline Easement. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating a waterline casement in Lot 1, Short Plat 2005- 15. MOTION for Vacation: I move to adopt Ordinance No. vacating a portion of the waterline easement filed under Auditor's File#1590567 located on Lot 1, Short Plat 2005-15 and, further, to authorize publication by summary only. -AND- MOTION to Accept New Easement: I move to accept the dedication deed from Tri-Cities Prep- A Catholic High School for a waterline easement. Q*(c) Street Vacation—A portion of Chestnut Avenue (MF#VAC-07-006): 1. Agenda Report from David I. McDonald, City Planner dated February 29, 2008. 2. Proposed Ordinance and Vicinity Map. CONDUCT A PUBLIC HEARING Ordinance No. ,an Ordinance vacating a portion of South Chestnut Avenue. MOTION for Vacation: I move to adopt Ordinance No. , vacating a portion of South Chestnut Avenue and, further,to authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (None) 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Amendment No. 7 to Professional Services Agreement with CH2MHill: 1. Agenda Report from Robert J. Alberts, Public Works Director dated February 28, 2008. 2. Vicinity Map. 3. Amendment No. 7 to Professional Services Agreement. MOTION: I move to approve Amendment No. 7 to the February 22, 2005 Professional Services Agreement with CH2MHill authorizing additional professional engineering services not to exceed $82,700 for the 2008 WWTP Expansion (Solids Thickening Facilities) Project No. 08-1-02 and, further, authorize the Mayor to sign the agreement. Regu[ar Meeting 3 March 3, 2008 *(b) Court Street Widening Phase II--Project No. 07-3-01: 1. Agenda Report from Michael McShane, City Engineer dated February 27,2008. 2. Bid Summary. 3. Vicinity Map. (RC) MOTION: I move to award the low bid for the Court Street Widening Phase II Project No. 07-3- 01 to Granite Northwest, Inc., dba Transtate Asphalt in the amount of $1,374,897.00 plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Q*(c) Special Permit — Off-site parking lot for the Pasco Flea Market on East Lewis Place (Bill Robinson) (MF#07-013 SP): 1. Agenda Report from David I. McDonald, City Planner dated February 27, 2008. 2. Report to Planning Commission. 3. Planning Commission Minutes dated 1/17/08 and 2/21/08. MOTION: I move to approve the special permit for the location of an off-site parking lot for the Pasco Flea Market as recommended by the Planning Commission. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter REMINDERS: 1. 1:30 p.m., Monday, March 3, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 2. 12.:00 p.m.,Wednesday, March 5,2601 N. Capitol Avenue—Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 3. 5:30 p.m., Thursday, March 6, Parks & Rec. Classroom—Parks &Recreation Advisory Council Meeting. (COUNCILMEMBER REBECCA FRANCIK, Rep.; MIKE GARRISON, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 19, 2008 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Tom Larsen, Joyce Olson, Matt Watkins and Al Yenney. Excused: Robert Hoffmann. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Michael McShane, City Engineer; Reuel Klempel, Plant Division Manager and Jess Greenough, Field Division Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated February 4, 2008. (b) Bills and Communications: To approve General Claims in the amount of$73,319.04 ($73,319.04 consisting of Claim Warrants numbered 164379 through 164399). (2007 Expenses) To approve General Claims in the amount of$831,109.96 ($98,447.54 in the form of Wire Transfer Nos. 4906 and 4909; $51,148.36 consisting of Claim Warrants numbered 164375 through 164378; and, $681,514.06 consisting of Claim Warrants numbered 164400 through 164631). (2008 Expenses) To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$185,435.43 and, of that amount, authorize $138,782.92 be turned over for collection. (c) 2008 Interlocal Agreement for Correctional Facilities Use: To approve the 2008 Interlocal Agreement with Franklin County for Correctional Facilities Use and, further, authorize the Mayor to sign the agreement. Removed from Consent Agenda and moved to Item 10(d)—New Business. (d) Amendment to Lease for Pasco Boat Basin, Levee 12-1 with Corps of Engineers: To approve Amendment No. 2, Department of the Army Lease for recreation purposes for the Pasco Boat Basin and Levee 12-1 and, further, to authorize the Mayor to sign the amendment. (e) Juvenile Detention Contract: To approve the contract with the Benton-Franklin Counties Juvenile Justice Center for juvenile detention services and, further, authorize the City Manager to sign the agreement. (f) Resolution No. 3068, a Resolution rescinding the February 2007 Real Estate Agreement with Michael and Susan Davidson. To approve Resolution No. 3068, rescinding the February 2007 Real Estate Agreement with Michael and Susan Davidson. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 19, 2008 MOTION: Mr. Watkins moved to approve the Consent Agenda as amended. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Carol Sue Perkins, representing Frontier Trading Co., asked Council that staff expedite the process of assigning an address to Frontier Trading Co. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison, along with other Hanford Communities Governing Board members, met with staff from the Attorney General's office and the Dept. of Ecology in Olympia regarding the Hanford cleanup schedule. Mr. Larsen attended the Benton Franklin Council of Governments meeting. UNFINISHED BUSINESS: Butterfield WTP Modifications Valves Replacement and Weirs Installation, Project No. 07-2-05: Mr. Garrison abstained from this issue due to his association with the parties involved. Mr. Crutchfield & Mr. Kerr updated Council on the outcome of the legal action initiated by the second low-bidder, Ray Poland& Sons. Mr. Glen Bestebreuer, representing Ray Poland& Sons, presented Council with a letter outlining concerns they have about the City's bidding process. Ms. Lacey Kenmore, attorney for Intermech/Thompson, noted the court has ruled on this issue. Council and staff discussed awarding the bid. MOTION: Ms. Francik moved to award the low bid for the Butterfield WTP Modifications Valves Replacement and Weirs Installation, Project No. 07-2-05 to Intermech/Thompson in the amount of$396,506.00 plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Motion died for lack of second. MOTION: Mr. Watkins moved to reject all bids and rebid the project. Mr. Larsen seconded. Motion carried by the following Roll Call vote: Yes—Larsen, Olson,Watkins. No—Yenney, Francik. Mayor Olson called a recess at 8:15 p.m. Mayor Olson reconvened the meeting at 8:25 p.m. MOTION: Mr. Yenney moved to reconsider the motion to reject all bids and rebid the project. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. Council and staff further discussed this issue. MOTION: Mr. Watkins moved to reject all bids and rebid the project. Mr. Larsen seconded. Motion carried by the following Roll Call vote: Yes—Larsen, Olson, Watkins. No—Yenney, Francik. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 19, 2008 NEW BUSINESS: Road 84/Argent Sewer and Water Improvements, Project No. 07-1-06: MOTION: Mr. Watkins moved to award the low bid for the Road 84/Argent Sewer and Water Improvements, Project No. 07-1-06 to Rotschy, Inc. in the amount of$715,279.68 plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. 2008 WWTP Expansion (Solids Thickening Facilities) Project No. 08-1-02: MOTION: Mr. Garrison moved to award the low bid for the 2008 WWTP Expansion (Solids Thickening Facilities) Project No. 08-1-02 to Fowler General Construction in the amount of$1,459,727.00 plus applicable sales tax and, further, authorize the Mayor to sign the contract documents.Mr. Watkins seconded. Motion carried by unanimous Roll Call vote. Baseball Stadium Seating Improvements: MOTION: Mr. Watkins moved to award the bid for the Baseball Stadium Seating Improvements to Nor-Pac Seating Co., Inc., in the amount of$94,910.00 plus applicable Washington State sales tax, for the Base Bid and Alternate No. 1 and, further, authorize the Mayor to sign the construction contract. Mr. Francik seconded. Motion carried by unanimous RoII Call vote. 2008 Interiocal Agreement for Correctional Facilities Use: MOTION: Mr. Watkins moved to approve the 2008 Interlocal Agreement with Franklin County for Correctional Facilities Use and, further, authorize the Mayor to sign the agreement. Mr. Francik seconded. Motion carried unanimously. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:49 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 3`d day of March, 2008. 3 CITY OF PASCO Council Meeting of: March 3,2008 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the un signed,do her ify under penalty of perjury that the materials have been furnished,the services r ered or the or pert med as described herein and that the claim is a just, due and unpaid obligation ainst th ity and th we are authorized to authenticate and'c90 to said cl Gary le t d, ana r James W., ase, Finance Manager We, undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received; that Wire Transfer No.s 4915 and 4919 in the amount of$101,343.28, have been authorized;that Check No-s 164632 through 164837 are approved for payment in the amount of$1,285,433.11,for a combined total of$1,386,776.39 on this 3rd day of March,2008. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 1,815.37 Judicial 5,841.16 Executive 5,601.22 Police 200,471.70 Fire 11,327.52 Administration & Community Services 48,528.42 Community Development 35,835.19 Engineering 9,700.66 Non-Departmental 203,516.44 Library 89,641.29 TOTAL GENERAL FUND: 612,278.97 STREET 44,922.42 C. D. BLOCK GRANT 17,787.13 KING COMMUNITY CENTER 2,790.74 AMBULANCE SERVICE 13,169.95 CEMETERY 4,392.48 ATHLETIC PROGRAMS 456.32 SENIOR CENTER 4,338.76 MULTI MODAL FACILITY 3,275.25 RIVERSHORE TRAIL$MARINA MAIN 111.39 LITTER CONTROL 2,140.11 REVOLVING ABATEMENT 177.00 TRI CITY ANIMAL CONTROL 43,551.13 TRAC DEVELOPMENT 12,500.00 STADIUM/CONVENTION CENTER 8,013.02 PUBLIC FACILITIES DIST 431.75 METRO DRUG TASK FORCE 8,710.46 METRO DRUG FORFEITURE FUND 1,152.81 GENERAL CONSTRUCTION 5,461.36 WATER/SEWER 403,420.85 EQUIPMENT RENTAL-OPERATING 17,250.79 LID GUARANTY 13.00 MEDICAL/DENTAL INSURANCE 130,170.20 CENTRAL STORES 573.33 FIRE PENSIONS 7,326.73 PAYROLL CLEARING 40,750.40 LID CONSTRUCTION 1,610.04 GRAND TOTAL ALL FUNDS: $ 1,386,776.39 3(b).1 CITY OF PASCO Council Meeting of: Payroll Approval March 3, 2008 The City Council City of Pasco Franklin County, Washington The followin ' a summary of payroll claims against the City of Pasco for the month of February 2008 is re pre rewith for your review and approval. L, — 4ge=: Gary Crutchfield, ity Hager James W. Ch e, Financial Services Manager W , 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. 37541 through 37682 and EFT deposit No's. 30021343 through 30022080 and City contributions in the aggregate amount of$2,366,607.52 are approved for payment on this 3rd day of March 2008. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 10,025.25 Judicial 83,981.45 Executive 70,781.24 Police 699,767.81 Fire 349,618.25 Administrative&Community Services 296,975.12 Community Development 66,726.20 Engineering 117,895.27 TOTAL GENERAL FUND 1,695,770.59 CITY STREET 68,948.53 BLOCK GRANT 16,024,43 MARTIN LUTHER KING CENTER 8,182.03 AMBULANCE SERVICE FUND 143,147.56 CEMETERY 16,576.48 ATHLETIC FUND 6,724.29 SENIOR CENTER 17,424.30 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 759.85 BOAT BASIN 31.32 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 11,937.93 WATER/SEWER 346,198.21 EQUIPMENT RENTAL-OPERATING 34,882.00 GRAND TOTAL ALL FUNDS $ 2,366,607.52 Payroll Summary Net Payroll 1,330,350.00 Employee Deductions 588,249.74 Gross Payroll 1,918,599.74 City of Pasco Contributions 448,007.78 Total Payroll $ 2,366,607.52 3(b).2 AGENDA REPORT TO: City Council February 29, 2008 FROM: Gary Crutch i Manager Regular Mtg.: 03/03/08 SUBJECT: TPA Budget;Aendmenit L REFERENCE(S): 1. Letter from TPA to City Council dated 2128/08 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/03: MOTION: I move to approve the transfer of $104,000 from the reserve account within the TPA budget to be used for promotion project expenditures. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The Tourism Promotion Area(TPA) is a"visitor promotion" program financed by the hotels in the region through a self-imposed room tax which they remit to the state each year. The state returns the funds to the cities in which the hotels are located, to be allocated to the TPA budget as approved by each of the City Councils annually. The 2008 TPA budget was approved by the Pasco City Council in November 2007. B) As explained in the February 28 letter, the regional hotel commission (which oversees the operation of the TPA) realized more revenue through the end of 2007 than they originally projected. The additional income can be used for additional promotional projects. To that end, the Commission requests transfer of$104,000 from the budgeted reserve to be used for supplemental tourism projects in 2008. C) Given that the budget amendment essentially allocates unanticipated revenue for one-time promotional "project expenses," the request will not have an adverse effect on the operating budget of the TPA. V. DISCUSSION: A) Staff recommends approval. 3(c) 77 77 VKiTOR 6 CONVENTION BUREAU 4 W[WICK PAS O��[fGYJ1N6'/WMIi1NlfTG1�us A� TRI-CITIES VISITOR&CONVENTION BUREAU P.O.Box 2241 Tri-Cities,WA 99302-2241 February 28, 2008 Pasco City Council c/o Gary Crutchfield, City Manager City of Pasco 525 North 3 Avenue Pasco, WA 99301 Dear Mayor Olson and City Council Members: Thank you for your consideration of the request we presented on behalf of the Tri-City Regional Hotel-Motel Commission regarding the transfer of$104,000 from Reserves to be used for supplemental tourism related projects during 2008. We prepare the Tourism Promotion Area(TPA)budget in July of each year for the following calendar year. As is the case with most every budget process,there are always many more worthy projects to be considered than funds to support them. We manage our resources carefully to ensure our expenses never exceed our projected income and we budget conservatively. In the case of the TPA budget, revenues are directly tied to the number of hotel rooms sold in the Tri-Cities at $1.50 per room. in 2007 the hotel industry far out performed our expectations. In fact,citywide in 2007 occupied rooms were up 11.8% over 2006 levels. As a result, 62,853 more rooms were rented in 2007 than the prior year,creating a surplus of revenues. Since the balance of the Tourism Promotion Area Reserve Account is already at an acceptable level of$250,000;the Commissioners of the Tri-City Regional Hotel-Motel Commission have voted in favor of re-investing the surplus revenues, in the amount of$104,000,toward some of the tourism related projects that although valuable, were not possible under our original revenue projections. The Commissioner's recommendations on how these funds should be spent in 2008 were presented at the February 25`h workshop. It is the Commission's position that once the Reserve Account reaches an acceptable level,that any additional funds should actively be used to promote the Tri-Cities as a destination; creating economic well being for the community. All the projects under consideration accomplish that goal. Again, thank you for your consideration and support of the tourism industry. l am available for any questions or comments you may have. Sincerely, Kris Watkins President and CEO AGENDA REPORT FOR: City Council February 13, 2008 TO: Gary Crutch re 4anager FROM: Stan Strebel, A minis ative &,Community Workshop Mtg.: 2/25/08 Services Director Regular Mtg.: 3/03/08 SUBJECT: Resolutions Authorizing the Disposal of Surplus Property I. REFERENCE(S): 1. Memorandum and e-mail from Dave Renzelman, Crime Specialist/Evidence Technician 2. Proposed Resolution (Weapons) 3. Proposed Resolution (Vehicle) II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 2/25: Discussion pp 3/03: MOTION: I move to approve Resolution No, OAuthorizing the sale of forfeiture and unclaimed weapons that are considered surplus to City needs. MOTION: I move to approve Resolution No.36- authorizing the sale of a seized/forfeiture vehicle considered surplus to City needs. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Weapons 1. The Police Department has acquired 12 weapons through forfeiture and / unclaimed action. The weapons have been processed through the Police Department and are now available for disposal through a Licensed Federal Firearms Dealer. The weapons are considered surplus to City needs. 2. No minimum price is suggested for each weapon. Staff requests Council to declare the weapons surplus to City needs and authorize staff to sell at auction through a Licensed Federal Firearms Dealer for a price that is in the best interest of the City. 3. Staff proposes to have the auction consigned to H.A. Rowell Auctioneers, a Licensed Firearms Dealer for a 25% commission on the gross proceeds from the sale with no charge for transporting the items to auction or advertisement thereof. B) Vehicle 1. The Police Department acquired one seized forfeiture vehicle through an Affidavit in Support of Default Judgment and Order of Forfeiture and has determined the vehicle surplus to City needs. 2. Due to its uncertain condition, no minimum price is suggested for this vehicle. Staff requests Council to declare the vehicle surplus to City needs and to authorize staff to sell at auction under terms and for a price that is in the best interest of the City. 3(d) ORIGINAL� Pasco Police Task � Forfeitured and Unclaimed Assets Evidence Inventory Disposition Request 14 February 2008 Below is a list representing weapons that have been approved by the Chief of Police for disposal as excess property. The individual value of each of the weapons described is less than $2,000 each. I request that each of these weapons be classified as surplus equipment and disposed of through and to only Licensed Federal Firearms Dealers. CF # BC # Caliber I Make I Item Serial # 0033685 29098 20 Gauge 1 Mossberg Shotgun 97961 0712783 382657 .221 Martin Rifle 08291513 0513034 272817 30130 Marlin Rifle 13013466 0513034 272815 221 Marlin Rifle 12369881 0536036 302380 300 Magnum/Weatherby Rifle 10614 0213866 35735 .221 Ruger Rifle 700-97132 0711068 381133 .38/Taurus Pistol MB67900 9416416 375061 .9MM/S&W Pistol A876902 04068-47 41014 .38/Rossi Pistol AA506028 0607475 325692 .38/S&W Pistol 6DO7872 0626335 344367 .91VIM 1 Sturm Ruger Pistol 309-20695 0602612 317999 .381 Taurus KB70484 avid Renzelman, me Specialist Certified Evidence Technician From: Dave Renzelman Sent: Thursday, February 14, 2008 8:58 AM To: Debbie Clark; Dave Allen; Scott Warren Subject: Forfeited automobile for auction 07 29650 Mustang Importance: High Debbie On 01 10 2008, the Chief of Police forfeited a 1999 Ford Mustang, WA License 058 DBL, VIN 1 FAFP47V2XF154298 and we are declaring it as surplus property and recommending auction. Our case number is 07 29650. 1 have copies of the intent to forfeit!failure to request a hearing /forfeiture order. Thanks David Re n ��f Y�d Certified Evidence Specialist Pasco Police Department (509)545 3493 RESOLUTION NO. 30001 A RESOLUTION authorizing the sale of forfeiture/unclaimed asset property surplus to City needs. WHEREAS, there are certain items of forfeiture/unclaimed asset property acquired by the Pasco Police Department and property is surplus to City needs; and; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The items of forfeiture/unclaimed asset property listed below are declared surplus property and city staff is authorized to sell such property at public auction through a Licensed Federal Firearms Dealer: SECTION 2: The city staff is hereby authorized to dispose of said surplus property at auction for a price that is in the best interest of the City. PASSED by the City Council of the City of Pasco this day of March, 2008 CF# BC # Caliber/Make/Item Serial # 0033685 29098 20 Gauge/Mossberg Shotgun 97961 0712763 382657 .22/ Marlin Rifle 8291513 05 13034 272817 30/30 Marlin Rifle 13013466 05 13034 272815 .22/Marlin Rifle 12369881 0536036 302380 300 Magnum/ Weatherby Rifle 10614 02 13866 35735 .22 /Ruger Rifle 700-97132 07 11068 381133 .38 /Taurus Pistol MB67900 9416416 375061 .9MM/ S&W Pistol A876902 0406847 41014 .38 /Rossi Pistol AA506028 0607475 325692 .38 / S&W Pistol 6DO7872 0626335 344367 .9MM/ Sturm Ruger Pistol 309-20695 0602612 317999 .38 /Taurus KB70484 Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Lee Kerr, City Attorney RESOLUTION NO. < -� A RESOLUTION authorizing the sale of seized/asset forfeiture property surplus to City needs. WHEREAS, there is a certain item of seized/asset forfeiture acquired by the Pasco Police Department and the property is surplus to City needs; and; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The item seized/asset forfeiture property listed below is declared surplus property and city staff is authorized to sell such property at public auction: 1999 Ford Mustang VIN# 1 FAFP47V 2XF 154298 SECTION 2: The city staff is hereby authorized to dispose of said surplus property at auction for a price that is in the best interest of the City. PASSED by the City Council of the City of Pasco this day of March, 2008 Joyce Olson, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Lee Kerr, City Attorney AGENDA REPORT TO: City Council n February 27, 2008 FROM: Gary Crutchf anager Regular Mtg.: 3/3/08 SUBJECT: Accepting the onation of Real Property on Clark Street I. REFERENCE(S): I. Vicinity Map 2. Resolution H. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 03/03: MOTION: I move to approve Resolution No. 1 accepting the donation of certain real property located on Clark Street. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The developer of the new Rite Aid store in downtown several years ago acquired the parking lot owned by the city adjacent to the Rite Aid store site, in the event the Rite Aid store needed the property for the redevelopment project. Upon completion of the project, Rite Aid determined that it did not need the property acquired from the city. The developer (Nicholson Investment Properties, Inc.) concluded it has no use for the property either; Nicholson Properties has proposed to donate the real property to the city, with no conditions on its use. V. DISCUSSION: A) Assuming clear title to the property and no restrictions on its use, acceptance of the dedication would be beneficial to the city. The proposed resolution will declare the City Council's approval of the donation and authorize staff to effect the donation accordingly. 3(e) RESOLUTION NO. 1 A RESOLUTION accepting the donation of certain real property located on Clark Street. WHEREAS, a certain parcel of real property situated between Third and Fourth Avenues on the north side of Clark Street, more particularly described as Lots 23-25 and the east 15 feet of Lot 22, Block 1, Gerry's Addition, was acquired from the city by the developer of the new Rite Aid store adjacent the subject parcel; and, WHEREAS, subsequent to completion of the Rite Aid store project, the developer has determined the subject parcel is no longer necessary for the Rite Aid project or any other interest of the developer; and, WHEREAS, the owner of the parcel, Nicholson Investment Properties Inc., desires to donate the parcel to the city with no conditions as to its use; and, WHEREAS, the City Council finds that acceptance of the property donation would benefit the citizens of the city, provided title to the property is free of encumbrances upon transfer; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,DOES RESOLVE AS FOLLOWS: Section t: That the City hereby accepts the donation of Lots 23-25 and the east 15 feet of Lot 22, Block 1, Gerry's Addition, provided title to the property is free of all encumbrances at the time of donation. Section 2: That the City Manager is hereby authorized to execute all documents necessary to effect the donation in accordance with applicable law. PASSED by the City Council of the City of Pasco this 3rd day of March, 2008. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney err yd' +•:: '�* ". � •�''�':::. ! �'+. _q (� Xa�� �""ti• `try Mj'i� RCS •yN. zy lk row- • � Y1'� 1. `� � � `a.3 ilk ow IM • M t AGENDA REPORT NO. 7 FOR: City Council February 29, 2008 TO: Gary Crutchfi i Manager REGULAR MTG.: 3!3/08 FROM: David I. McDo ald, City Planner SUBJECT: ALLEY VACATION- A portion of the alley in Block 5, Longs First Addition (MF #VAC-08-002) I. REFERENCE(S): A. Proposed Ordinance and Vicinity Map B. Dedication Deed and Vicinity Map II. ACTION RE VESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION for Vacation: I move to adopt Ordinance No. , vacating a portion of the alley in Block 5, Longs First Addition and, further, to authorize publication by summary only. MOTION to Accept New Alley: I move to accept the dedication deed from Benjamin Lee for an alley in Block 5, Longs First Addition. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owner of the convenience store at the northeast corner of Oregon Avenue and East Lewis Street has petitioned to vacate the alley located directly north of his store. The vacation is being requested to accommodate the demolition of the existing store and construction of a new and larger store. B. March 3, 2008 was the date set to consider the vacation. V. DISCUSSION: The proposed redevelopment plan for the applicant's property involves the vacation of a portion of the east/west alley and north/south alley north of the existing convenience store. The vacation request has been reviewed by Cascade Natural Gas, Qwest, Franklin County PUD and the City Engineer. The utility providers have no objection to the proposed vacation. The service lines (electrical & phone) that cross the existing alley to serve the applicant's current store will need to be relocated with the new construction. The existing city sewer line (which only serves the applicant) will be abandoned. Staff informed the applicant upon submittal of the vacation petition that a replacement alley would be needed to avoid the creation of an alley without an outlet for service vehicles. The applicant has provided the City with a dedication deed for a replacement alley to be located north of the new store. VI. ADMINISTRATIVE ROUTING: 7(a) WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3`d Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF THE NORTH/SOUTH AND EAST/WEST ALLEY IN BLOCK 5, LONGS FIRST ADDITION. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, when a public purpose is served and the general interest of the City dictates, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That portion of the alley in Block 5, Longs First Addition from the east right-of-way line of Oregon avenue to intersection with the easterly projection of the north line of Parcel # 112-081-328, said parcel being the south 15 feet of Lot 5 and all of Lot 6 Longs First Addition, as depicted in Exhibit"1" be and the same is hereby vacated. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to that portion of the vacated alley described as follows; Beginning at a point on the west right-of-way line of the north/south alley in Block 5, Longs First Addition said point being the northeast corner of Parcel # 112-081-328 said northeast corner being located 15 feet north of the northeast corner of Lot 6, Block 5, Longs First Addition; Thence southerly along the east line of Parcel # 112-081-328 for a distance of 20 feet; Thence easterly along the projection of a line parallel to and 5 feet south of the easterly projection of the north line of Lot 6, Block 5, Longs First Addition for a distance of 5 feet to the True Point of Beginning; Thence southerly along a line parallel to and 5 feet east of the east line of Parcel # 112-081-328 to the intersection with the north line of Lot 11, Block 5, Longs First Addition; Thence easterly along the north line of said Lot 11, to the northeast corner of said Lot 11; Thence northerly two feet to the intersection with a line 2 feet north and parallel to the north line of Lot 12, Block 5, Longs First Addition the same line being the southerly line of the alley vacated in Section I above; Thence easterly along the south line of said vacated alley to the east right-of-way line of said vacated alley; Thence northerly along the east right-of-way line of said vacated alley to the intersection with the projection of a line ; Thence easterly along vacated alley to the east 1 right-of-way line thereof; Thence northerly along the east right-of-way line of said vacated alley to the intersection with the easterly projection of a line parallel to and 5 feet south of the easterly projection of the north line of Lot 6, Block 5, Longs First Addition; Thence westerly along said projected line to the true point of beginning as depicted in Exhibit# 2. Said easement is for the construction, repair and maintenance of public utilities and services. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 3rd day of March, 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney 2 • .: .. f- � ..t ^G'_ � is �,�' •' i /� fir• i;� b• x., �,�?`". -'".' t. ,�' \ a °fix �" 1•. _r..r0�`r,. x+ .� l.t'" ,..t•�� ...t*,`:` 'k."hfL"..1�..�+w ,� >�j'p� u? - 1 1 �. .�a. � •• � it 1•. �y���.%-;'/' ,w.- 1` y ���., '`�•"s t""'' }+ d G ♦ '+�. �� '` S '✓J �1:Y errs � , Kam''° ..y� „ i`. ,, _ .x �, .11 � GG``�t `�•� Y� ' ,�.. ,. _�.'gFT.,•.Y�b,�,,.;iii• •� ` �-a•'+S�f�'. '� \ 1 `'.t zu �31_.'.aT"-N'r.i`�•"`, ' ,1 fir,. Y After Recording,Return To: City of Pasco, Washington Attn: City Planner 525 North 3rd Pasco, WA 99301 DEDICATION DEED Tax Parcel No. 112-081-328 THE GRANTOR(S), &,ta►ffi;1y i..c.e. by donation pursuant to RCW 35A.79.010, de di aces, conveys and quit claims to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right-of-way, all interest in the south 15 feet of Lot 5, and the north 5 feet of Lot 6, Block 5 Longs First Addition. DATED this Jam- day of FcL, 2008. GRANTOR(S) JJ Owner(s) Le— STATE OF WASHINGTON ) ss. County of King ) On this, — day of —e V- , 2008, before me, the undersigned, duly commissioned and sworn, personal y appeared eN w,,'V1 u.e to me known to be individual(s) described above and who executed the within and foregoing instrument as owner(s) of record, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. �� �rnd and official seal this day oi �Y� Y� , 2008. • �pT A R F, G Print Name: —46— NOTARY PLTRLIC i and for the State^ashingfen J, �:� �+�+ �;'_� Residing at: \n/ r's,�9�°�:7iC.2s.2o'G'��•r My Commission Expires: Ll � . 11Q�WAS�'`� °grnnna5M,r� '��.h�' .� , A .4: •�, Mme.. on IWO At: ve iV Mi 4 lit - - - 4 ';Y< aw 5,!!'' Al Aj Nil ilk AMP 'of � �. .i ,, ,' �•4 �.Ar -Y�" F . 1\' �'�f�. �L'"�it�•!� :M1'+<ZY��, ...aM�r 'u � f'� i` l M1 �xi!�{•,spe .K �5: r.�pr: ��l f' r �,'y�y �,t::"yam; _ i" .. ," � - ../prt" ..A 'y�r• ��� � 1�Rr' R�'• ,R' 'if'k ti, $gyt _ S.• .'^�`:'=� f:,y�.'_fr. i.� ��. ..YM^ ';� "T rzr'I s ��,n7.oE{ ,` �• K. Me; #xr : • 1 ,': ;;.', ''1 t:a n t°`''y': r .4 Vr' i _Px .a 1 AGENDA REPORT NO. 8 FOR: City Council DATE: 2/27/08 TO: Gary Crutchfi 1 anager WORKSHOP: REGULAR: 3/3/08 FROM: David I. McDonald, City Planne31_)__ SUBJECT: EASEMENT VACATION- Water line easement at Tri-Cities Prep (MF #VAC- 08-001) I. REFERENCE(S): A. Proposed Ordinance and Vicinity Map B. Dedication Deed for a Water line Easement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION for Vacation: I move to adopt Ordinance No. , vacating a portion of the water line easement filed under Auditors File # 1590567 located on Lot 1, Short Plat 2005-15 and, further, to authorize publication by summary only. MOTION to Accept New Easement: I move to accept the dedication deed from Tri-Cities Prep—A Catholic High School for a water line easement. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Tri-Cities Prep has petitioned the city to vacate a water line easement on the south side of the existing Prep school building. The vacation is being requested to accommodate the construction of a new addition to the school. B. March 3, 2008 was the date set to consider the vacation. V. DISCUSSION: The proposed expansion plans for the Tri-Cities Prep involve the construction of an addition to the south in an area occupied by a city water main. The school was informed that it would be necessary to vacate the existing water line easement and provide the city with a new easement prior to the construction of the school addition. Tri Cities-Prep is nearing completion of a replacement water line and has provided the city with a new easement for that water line The vacation request has been reviewed by Cascade Natural Gas, Qwest, Franklin County PUD and the City Engineer. The utility providers have no objection to the proposed vacation. VI. ADMINISTRATIVE ROUTING: 7(b) WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3' Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A WATER LINE EASEMENTS IN LOT 1 SHORT PLAT 2005-15 WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of a certain public easement within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate easements; and WHEREAS, all steps and procedures required by law to vacate said easement have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That portion of the 10 foot wide water line easement filed under Auditors File# 1590567 located on Lot 1, Short Plat 2005-15 and, further described as follows: A 10.00 feet wide strip of land located in the southwest quarter of Section 8, Township 9 North, Range 29 east of the Willamette meridian, Franklin county Washington being 5.00 feet on each side of the following described line: Beginning at the southwest corner of said Section 8; Thence south 88°56'43" east, 1515.28 feet along the south line of said Section 8; Thence north 1'03'17" east, 453.33 feet to the TRUE POINT OF BEGINNING; Thence north 88°56'43" west, 25.00 feet to a point hereafter designated as point "a"; Thence north 88°56'43" west, 185.25 feet to the terminus of said line. Together with a strip of land 10.00 feet wide, 5.00 feet lying on each side of the following described line. Beginning at the above designated point "a"; Thence north 1°03'17" east, 30.00 feet to the terminus of said line. , as depicted in Exhibit "1" be and the same is hereby vacated. Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 3rd day of March, 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney 97 Fin J p. .may -•�f �� �' t- -t. l�.�es�} �jk � 1. Pr r .{I, bs lu I ta :_ •i Aaw- IA MW k r . F`y4.-.R �"'•a If ASR' s < *, , t � S � a a After Recording,Return To: City of Pasco, Washington Attn: City Planner 525 North 3" Pasco, WA 99301 Dedication of a Water Line EASEMENT Tax Parcel No. 115-470-017 THE GRANTOR, TRI-CITIES PREP-A CATHOLIC HIGH SCHOOL by donation pursuant to RCW 35A.79.010, dedicates, conveys and hereby grants to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, an exclusive easement for the location of a water line and maintenance thereof, over across and upon the following described property: A 10.00 feet wide strip of land located in the southwest quarter of Section 8, Township 9 North, Range 29 East of the Willamette Meridian,Franklin County Washington being 5.00 feet on each side of the following described line: Beginning at the southwest corner of said Section 8;Thence south 88°56'43"east, 1515.28 feet along the south line of said Section 8; Thence north 1°03'17"east,453.33 feet; Thence north 88°56'43"west,215.25 to the true point of beginning; Thence south 43°56'43"east, 11.00 feet to a point hereafter designated as point"x";Thence continuing south 43°56'43"east, 74.00 feet; Thence south 88°56'43"east, 128.00 feet to a point hereafter designated as point "y";Thence continuing south 88°56'43"east, 15.00 feet to the terminus of said line. Together with a strip of land 10.00 feet wide, 5.00 feet lying on each side of the following described line; Beginning at the above designated point"x";Thence south 46003'l 7"west, 25.00 feet to the terminus of said line. Together with a strip of land 10.00 feet wide, 5.00 feet lying on each side of the following described line: Beginning at the above designated point"y";Thence north 01'03'17"east, 15.00 feet to the terminus of said line.All as depicted on the attached Exhibit Map. DATED this S ^ day of ' 2008. 1 Tax Parcel No. 115-470-017 GRANTOR(S) Owners �, <Q STATE OF WASHINGTON ) ss. County of Franklin ) On this day of "4- 2008, before me, the undersigned, duly commissioned and sworn, personally appeared 5,�--L- �i � to me known to be individual(s) described above and an authorized representative of the Tri-Cities Prep-A Catholic High School and who executed the within and foregoing instrument as owner(s) of record, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this _Z S day of -�- , 2008. Print Name: NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: , ate? 2 EXHIBIT MAP LOCATED IN A PORTION OF THE SW 1/4 OF SECTION 8, TOWNSHIP 9 NORTIL RANGE 29 EAST, W.M. CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON T.P-0.8. NEW EASEMENT ' TERMINUS OF VACATED EASEMENT VACATED POT7TiDN OF 1O' UTHJYY EASEMENT ° S4.T56'43`E 11.00' --- _ ?� '. -; ;pQ :.....rv.21.25. . 1 POINT 'A' � 1 , f POINT 'x' ��. X ; NEW UTIUTY N01'03'17"E EASEMENT 15.00' �' r _ 1 12 �L L 8.00' s88•SB'43 143.00_ �� 1 1 1 POINT 'Y i t f , 1 1 1 f , 1 f 1 �i I =i f I I I , 1 I 1 1 f 1 f 1 3 1 1 i 1 7 � t 1515.28' FWD WDOT PIPE AND PIN IN NON CASE BENCHWRK-CITY 01708.DWG 01-22-08 AGENDA REPORT NO. 9 FOR: City Council February 29, 2008 TO: Gary Crutchfie anager WORKSHOP: REGULAR MTG.: 3/3/08 FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION- A portion of Chestnut Ave. (MF #VAC-07-006) I. REFERENCE(S): A. Proposed Ordinance and Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION for Vacation: I move to adopt Ordinance No. , vacating a portion of South Chestnut Avenue and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owner of Northwest Ag Products is seeking to vacate a portion of Chestnut Avenue and "C" Street abutting his property. Northwest Ag has recently expanded with the construction of two new buildings and has additional expansion/storage plans for the area south of B Street. The vacation is being requested to facilitate future expansion to the south of the existing Northwest Ag facilities. B. March 3, 2008 was the date set to consider the vacation. V. DISCUSSION: The applicant's petition proposed the vacation of a portion of Chestnut Avenue to the south of"B" Street and a portion of"C" Street west of Maitland Avenue. The vacation as proposed would create a dead end street for "C" Street and would limit access for future streets and utilities west of Maitland Avenue. Staff can not recommend the vacation of"C" Street. The portion of Chestnut Avenue proposed for vacation has a 4" water line running down the eastern half of the right-of-way. This line, constructed in 1942, terminates at "C" Street. The City Engineer is recommending this line be abandoned. No services are provided off this line. The Franklin County PUD has requested.an easement be retained for a power line that crosses the north end of Chestnut Street proposed for vacation. Other utility providers do not have a need for easements. VL ADMINISTRATIVE ROUTING: 7(c) WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF SOUTH CHESTNUT AVENUE. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by Iaw to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the Chestnut Avenue right-of-way from the north line of "C" Street to the intersection with the easterly projection of the north line of Lot 9, Block 7, Owen's Addition, the same line being the westerly projection of the north line of Lot 24, Block 8, Owen's Addition be and the same is hereby vacated. Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 3rd day of March, 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney P Pm IF I {/ r rri.. •`i 7ty 1A'R t vz f' Tw ��« _ � 1 � .r�iva•..{— _'i,'�'��=".aauN..~:�...., ay,;, 1 777_ ..`. » :?�,. u •�; I N 7 r - •II EE �4� '+� .�� ?�tea} � `� { • �. ._-_._..--. + ',M Y A } r m : :,1s,aae!+w .,s .i_y 3 ,a:.a;,ew+' y .�- i +' �• rk� .5, . 's• �- ,yam, y.w..4 �..:�,:. r n / •' AGENDA REPORT NO. 2 FOR: City Council February 28, 2008 TO: Gary Crutchfi *ager FROM: Robert J. Alb ba Works Director Regular Mtg.: 03/03/08 SUBJECT: Amendment No. 7 to Professional Services Agreement with CH2M Hill I. REFERENCE(S): 1. Vicinity Map 2. Amendment No. 7 to Professional Services Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 03/03: MOTION: I move to approve Amendment No. 7 to the February 22, 2005 Professional Services Agreement with CH2M Hill authorizing additional professional engineering services not to exceed $82,700 for the 2008 WWTP Expansion (Solids Thickening Facilities) Project, #08-1-02 and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Sewer Utility IV. HISTORY AND FACTS BRIEF: A) The Capital Improvement Plan shows improvements and expansion at the Wastewater Treatment Plant including the installation of a new bio-solids thickening system. V. DISCUSSION: A) On November 19, 2007 Council approved Amendment No. 6 (Tasks 1-6) for the design and bid support of the Solids Thickening Facilities Project. Construction services (Task 7) were not approved at this time but reserved for a future decision. B) On February 19, 2008 Council awarded construction of the Solids Thickening Facilities to Fowler General Construction, Inc. The proposed Amendment No. 7 (Task 7) allows CH2M Hill to provide construction services for the project as outlined in Attachment A. The compensation for the work associated with Task 7 is estimated on a PER DIEM amount of$82,700. Staff recommends approval of Amendment No. 7 to CH2M Hill Professional Services Agreement. 10(a) d +y ''�*"� { � .CIA � ' • Ila IN ¢A. 4401� •� v �Iyy b �.G� ai ,�r.4 1 •i1. Xt _ �} .� ..��t rF 1. _`� Ra . �!;•.. �E?.lash :M1� :`�_' .�',,f � +w�,� __,'�w,:y.-c.^•'•:i, :_}. r• t AL fl i A•& ". � :-7C.�4C7 i AMENDMENT NUMBER 7 to PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City and The CH2M Hill entered into a Professional Services Agreement on February 22, 2005, with respect to on-going professional engineering services. NOW, THEREFORE, this agreement is amended to allow The CH2M Hill to provide additional professional engineering services as described on Attachment A and B. 1. Scope of Work: Scope of services includes construction services for the Solids Thickening Facilities at the Wastewater Treatment Plant. Services include only Task 7. • Task 7: Services During Construction 2. Fee: The compensation for the work associated with Task 7 is based on a PER DIEM amount of$82,700. 3. Time of performance: The services shall be complete for the project on or before December 1, 2008. DATED THIS DAY OF ,2008. CITY OF PASCO: CONSULTANT—CH2M Hill: Joyce Olson, Mayor Anthony Krutsch, Principle Project Manager ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney CH2M Hill t Amendment No. 7 Professional Services Agreement—On-going Services ATTACHMENT A CITY OF PASCO SCOPE OF SERVICES SOLIDS THICKENING FACILITIES Introduction The City of Pasco has utilized drying beds for dewatering anaerobically digested biosolids since the last upgrade of the WWTP in the late 1990's. The drying beds are near capacity during the winter and spring period when evaporation from the solids beds is minimal. By thickening the digested solids to a 5% or greater concentration, the drying bed capacity can be increased to meet the current and future needs of the City. The opinion of probable cost for the Solids Thickening Facilities Project as set forth herein, as based on the 2005 Thickening of Digested Solids Technical Memorandum, is$1,800,000. The City of Pasco will contract directly with a local surveyor to prepare a Topographic Survey/Location Survey of the Solids Thickening Facilities Project site, and with S&B,Inc. to prepare instrumentation and control plans and specifications for the Solids Thickening Facilities Project. Unless otherwise agreed to in the Scope of Services,the City will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state,or federal authorities; and land, easements, rights-of-way, and access necessary for CH2M HILL Is services or project construction, Scope of Services The following identifies the anticipated improvements to be included in the Solids Thickening Facilities Project. a Update the Solids Thickening Technical Memorandum prepared in September 2005 to discuss the thickening options available for processing up to 20,000 gpd of digested solids, including an update of anticipated costs. • "Thickening Building: masonry block building with precast concrete roof, solids thickener, polymer feed system, pumping equipment, HVAC, and appurtenances. • Electrical and I&C: connect new facilities to existing facilities. • Miscellaneous: site civil and mechanical, The following identifies specific tasks to be provided by CH2M HILL for the project. Task 1 - Project Management Provide overall project management including: • Client Design Review Meetings • Project Administration • Quality Control/Quality Assurance • Coordination with City Surveying and I&C Task 2- Update Technical Memorandum Update the September 2005 Technical Memorandum to include the following: • Review options for thickening of anaerobically digested solids including technical data for each option(rotary drum,screw thickener, disk thickener, gravity belt), • Provide preliminary equipment layout plan and ancillary systems (polymer, pumping, HVAC,electrical). • Update opinion of probable costs. • Review meeting with City staff. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project,CH2M HILL has no control over cost or price of labor and materials;unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CH2M HILL makes no warranty that the City's actual project costs,financial aspects, economic feasibility, or schedules will not vary from CH2M HILL`s opinions, analyses, projections, or estimates. If the City wishes greater assurance as to any element of project cost, feasibility,or schedule, the City will employ an independent cost estimator, contractor, or other appropriate advisor. Task 3 -Design Development (609%) Production of design drawings and specifications utilizing AutoCAD format, and CH2M HILL standard specifications. Anticipated Design drawing list includes: • Cover/Location/Vicinity • Abbreviations,Index and General Notes • Site/Civil/Legend • Site Civil Plan • Site/Grading Plan • Yard Piping Plan • Site Details • Architectural Legend • Floor Plan • lilevations • Sections • Details and Schedules • Life Safety Plan& Details • General Structural Notes, Legend, and Abbreviations • Foundation/Floor Plan • Sections • Sections • StructuraI Details • Structural Details • Mechanical Legend • Mechanical Schedules • Equipment Plan • Equipment Sections • Equipment Sections • Polymer System and Details • HVAC Plan • HVAC Sections and Details • Plumbing Plan and Details • Electrical Legend • Electrical One-Line • Power Plan • MCC Panel • Control Diagrams • Luminare Schedule • Panelboard Schedule • Electrical Details • I&C Legend (S&B) • Local Control Panel (S&B) • Master Control Panel Modifications (S&B) • Block Diagram (S&B) • Block Diagram (S&B) • Block Diagram (S&B) • Block Diagram (S&B) • SCADA Block Diagram (S&B) Submittal: Three hard copies of half-size drawings (11X17), draft specifications, and opinion of probable costs. T ask 4- Contract Documents (90%) The Design Development documents and comments received will be incorporated into Contract Documents necessary to bid and construct the project. Contract Documents will be available for final review by the City and Washington Department of Ecology. Submittal: Five hard copies of half-size drawings (11X17), specifications, and updated opinion of probable costs_ Task 5 - Bid Ready Contract Documents Bid Ready Conti-act Documents will incorporate City and Washington Department of Ecology review comments. Submittal: Five hard copies of bound half-size drawings,and one unbound reproducible set of half-size drawings (11X17). Five hard copies of bound technical specifications and bidding documents, and one unbound reproducible set of technical specifications and bidding documents. Task 6 - Support Bid and Award Provide assistance during bidding,including; • Provide technical assistance when needed to interpret contract documents. • Submit technical addenda if needed. • Attend and conduct pre-bid conference, including project site tours, for interested parties during the bidding period. • Attend bid opening and assist the Owner with opening of bids. • Assess contract bids for performance capabilities in accordance with the contract documents. • Prepare a summary of the bids received. Task 7-- Services During Construction It is anticipated that the construction of the Solids Thickening Facilities Project will be completed over a 10 month period. Services During Construction are based upon the understanding that the Owner will contract directly with the contractor;Owner will be actively involved in the construction process to make decisions, provide approvals,and perform other actions necessary for the completion of the construction contracts and that the contractor selected will be qualified to perform the work within the time period set forth in the Contract Documents, and at the amount offered by the contractor in the Bid. Engineer will provide Service During Construction (SDC) as defined herein. These SDC are intended to assist the Owner to administer the contract for construction, monitor the performance of the construction Contractor to determine that the Contractor's work is in substantial compliance with the Contract Documents, and assist the Owner in responding to events that occur during the construction. The presence or duties of Engineer's personnel at a construction site,whether as periodic visitors, onsite representatives, or otherwise, do not make Engineer or Engineer's personnel in any way responsible for those duties that belong to the Owner and/or the Construction Contractor or other entities, and do not relieve the Construction Contractor or any other entity of their obligations, duties,and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. Engineer and Engineer's personnel have no authority to exercise any control over any Construction Contractor or another entity or their employees in coiuiection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the Construction Contractor or other entity or any other persons at the site except Engineer's own personnel. The presence of Engineer's personnel at a construction site is for the purpose of providing to Owner a greater degree of confidence that the completed work will conform generally to the Contract Document and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the Construction Contractor. Engineer neither guarantees the performance of the Construction Contractor, nor assumes responsibility for Construction Contractor's failure to perform work in accordance with the Contract Documents. Construction Administration • Attend and conduct preconstruction conferences with the Owner's representatives, contractor, subcontractor, supplies,interested agencies,utility companies,etc, • Review project submittals to confirm designer's intent and project requirements, including: Submittals critical to the project Submittals that do not identify specific product types or model numbers Components requiring special fabrication or specialized design requirements Submittals of specialized tests Submittals confirming system performance and the designer's intent Submittals for structural,mechanical, electrical, I &C systems, and specialized equipment • Provide monthly construction observation services. Document performance and compliance with the contractual requirements. Produce written and photographic records of the construction work. Prepare daily progress reports of the project work. • Respond to contractor "request for information and clarification" to interpret design questions and/or requirements. Prepare design clarification responses and field directives for all design topics as required. • Provide technical information for inclusion in change orders or requests for quotes. • Review change order proposals. Assist in negotiating contractor costs. • Attend at least two meetings a month with the City and contractor during construction to discuss progress of construction. Attend onsite meetings for establishing a punch Iist, and performing the final inspection. • Review acceptance sampling and testing for construction materials. • Review and make recommendations regarding progress pay estimates for the construction contractor(s). Startup • Provide up to 40 hours onsite startup assistance. • Update the existing O&M manual to incorporate specific product information supplied by the contractor during construction. The manual will be provided in a bound hard copy and electronic format. Record Drawings • Prepare project record drawings from marked-up plans furnished by the construction contractor and Owner's on-site construction observer. These record drawings will be prepared by modifying the design drawings to reflect field changes made during construction and by adding features discovered during construction. Engineer will not be responsible for representing field changes or other as-constructed information that was not properly recorded by the contractor and/or Owner's on-site construction observer. • Furnish to the Owner two sets of paper print record drawings (11 X 17), and one electronic CADD file, Task 8 - On-site Services (Optional Task) If authorized by the City, Engineer will provide an on-site representative during construction. The services provided by the on-site representative are defined herein. On-site Review of Work: Engineer will conduct periodic on-site observations of the Contractor's work for the purposes of determining if the work generally conforms to the contract for construction and that the integrity of the design concept as reflected in the contract for construction has been implemented and preserved by the Contractor, The overall anticipated level of effort is expected to average 40 hours per week for the duration of the construction work (12 months). Engineer's on-site observer will arrange for weekly photographs of the work in progress by the Contractor, which will be made available to the Owner. Engineer's observations of the work is not an exhaustive observation or inspection of all work performed by the Contractor. Engineer does not guarantee the performance of the Contractor. Engineer's observations shall not relieve the Contractor from responsibility for performing the work in accordance with the contract for construction,and Engineer shall not assume liability in respect for the construction of the project. Engineer shall, with the assistance of the Owner, obtain written plans from the Contractor for quality control of its work, and will monitor the Contractor's compliance with its plan. Reporting: Engineer will keep the Owner advised of the progress of the construction. This includes submitting daily construction reports to the Owner and holding weekly construction meetings and consultations with the Owner and Contractor. Deficient and Non-conforming Work: Should Engineer discover or believe that any work by the Contractor is not in accordance with the contract for construction, or is otherwise defective, or not conforming to requirements of the contract or applicable rules and regulations, Engineer will bring this to the attention of the Contractor and the Owner. Engineer will thereupon monitor the Contractor's corrective actions and shall advise the Owner as to the acceptability of the corrective actions. Independent Testing,Inspection and Survey Services: The City will employ, or cause the Contractor to employ,independent firms for the material testing, ICBO specialty inspection (required by Code Enforcement), survey, or other services related to verifying the quality of the Contractor's work. Engineer will assist in coordinating testing,inspection and survey services. Engineer will review the reports and other information prepared by the independent firms. Engineer will assist in coordinating their schedules and the transmittal of their reports, findings or other information to the Contractor and/or the Owner. Task 9- Additional Services (Optional Task) The City of Pasco may desire to have Engineer perform work or render services within the general scope of this Agreement. Such work or services shall be considered as Additional Services and will be specified in a written supplement to this Agreement which will set forth the nature of the scope, schedule for additional work or services, and the method of payment. Work or services shall not proceed until authorized in writing by the Public Works Director for the City of Pasco. ATTACHMENT B CITY OF PASCO CH2M HILL FEE FOR SERVICE SOLIDS THICKENING FACILITIES Based on the"Scope of Services",Attachment A, for the Solids Thickening Facilities Project, CH2M HILL has prepared the following Proposal, Design Phase Task 1 through Task 5 $168,700 (lump sum) Bidding Phase Task 6* $ 8,200 (lump sum) Construction Phase Task 7** $ 82,700 (per diem***) On-Site Services (Optional Task) Task 8 (To be determined) (per diem***) Additional Services (Optional Task) Task 9 (Budget) (per diem***) 20,000 TOTAL SERVICES THIS AGREEMENT $279,600 * Document printing at cost plus 5 percent is in addition to Lump sum ** Estimated cost based on qualified contractor and maximum 10 month construction period. *** For CH2M HILL staff that perform per diem services on this project, the Hourly Rate for these staff shall be calculated based on a raw salary multiplier of 3.10. Further, the Hourly Rates are subject to annual adjustment based on any cost of living increase with the adjusted hourly rate based on a raw salary multiplier of 3.10. NOTE; City of Pasco will contract directly with S&B, Inc. for I&C services to be provided on this project, and will also contract directly with a local surveyor, or perform the work with City staff, for Topographic Survey/Location Survey for the Solids Thickening Facilities Project. AGENDA REPORT NO. 12 FOR: City Council February 27, 2008 TO: Gary Crutchf1 anager Roberti. The S, Pub is Works Director FROM: Michael McSh!AK Engineer Regular Mtg.: 03/03/08 SUBJECT: Award Court Street Widening Phase II- Project, #07-3-01 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 03/03: MOTION: I move to award the low bid for the Court Street Widening Phase 11 Project, #07-3-01 to Granite Northwest, Inc. -dba- Transtate Asphalt, in the amount of $1,374,897.00 plus applicable sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Sewer Fund/Arterial Street IV. HISTORY AND FACTS BRIEF: A) On January 27, 2008 staff received five (5) bids, one of which was non-responsive, for Court Street Widening Phase II Project, #07-3-01. The low bid was received from Granite Northwest, Inc. -dba- Transtate Asphalt in the amount of $1,374,897.00 plus applicable sales tax. The second lowest bid was received from Inland Asphalt, Inc. in the amount of$1,411,561.93 plus applicable sales tax. The Engineer's estimate for this project is $1,364,542.00 plus applicable sales tax. V. DISCUSSION: A) The project entails the combination of two CIP projects, the second phase of Court Street Reconstruction and the second phase of the City Sewer Extension Program. The first phase of both projects was completed in 2007. This project includes the installation of approximately 4,700 feet of sewer mainline, 17 manholes, and over 50 sewer services. Also included is the reconstruction and pavement of 6,150 feet of Court Street from Road 84 to Road 100. B) In evaluating the bids, staff has calculated the sewer fund will be responsible for 70% of the project (about $1,000,000) and the arterial street and street overlay funds responsible for 30%(about$400,000). Staff recommends award of this contract to Granite Northwest, Inc. -dba- Transtate Asphalt. io(b) City of Pasco Court Street Widening Phase II Project #07-3-01 February 27, 2008 BID SUMMARY 1. Granite Northwest Inc. $ 193741,897.00 2. Inland Asphalt Co. $ 11,411,561.93 3. Watts Construction $ 1,600,359.20 4. West Coast Construction $ 196849389.50 O � XAV R.LOZ _ O a r 9E([v02I /S6f`SQ LL i ~ F U A AD 68 ox o 4 68 G OBI T� ow r1 � -- TT r a 001 Gvom T t A ' f WGV H o a a � w � o oJ� , O G F+ H z° AGENDA REPORT NO. 10 FOR: City Council DATE: 2/27/08 TO: Gary Crutchfi Manager WORKSHOP: REGULAR: 3/3/08 FROM: David I. McDo ald, City Planner SUBJECT: SPECIAL PERMIT: Off-site parking lot for the Pasco Flea Market on East Lewis Place (Bill Robinson) (MF# 07-013 SP) I. REFERENCE(S): A. Report to Planning Commission: B. Planning Commission Minutes: Dated 1/17/08 & 2/21/08 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the location of an off-site parking lot for the Pasco Flea Market as recommended by the Planning Commission, III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On January 17, 2008 the Planning Commission conducted a public hearing to consider a special permit application for the location for an off-site parking lot for the Pasco Flea Market B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to permit the use of an off-site parking lot on East Lewis Place for limited use by Pasco Flea Market patrons. The recommended conditions for approval of the special permit are contained in the attached Planning Commission report. C. No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: VI. ADMINSTRATIVE ROUTING: 10(c) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 07-013 APPLICANT: Bill Robinson HEARING DATE: 01/17/2008 10120 Argent ACTION DATE: 2/21/08 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: The use of a vacant lot as off-site parking for the Pasco Flea Market. (Robinson, MF# 07-013 SP) 1. PROPERTY DESCRIPTION: Legal: A portion of the southeast quarter of the northwest quarter of section 27, township 9 north, range 30 east, W.M., Pasco, WA, described as follows; begging at southwest corner; then north along the west line 358.05'; then southeast 512.02' to the south line; then west along the south line 363.39' to the point of begging. Less a portion of PSH#3 parcel 5-565 by condemnation SC 12053. General Location: The subject parcel is located across East Lewis Place from the Pasco Flea Market. Property Size: Approximately 24,725.80 sq. ft. or 0.568 acres. 2. ACCESS: The site has access from E. Lewis Place. 3. UTILITIES: Only City water is available to the site, and is located in the Lewis Street Right-of-Way. 4. LAND USE AND ZONING: The subject property is bordered on the northeast side by Highway 12, on the south side by E. Lewis St., and the west side by a vacant parcel zoned C-3. The parcel south of Lewis St. is the location of the Pasco Flea Market and is zoned C-3. Highway 12 is bordered on the northeast side by the City boundary. 5. COMPREHENSIVE PLAN: Policy ECON-3-C suggests that sufficient and attractive off-street parking facilities be provided. This policy recognizes that the primary function of streets is for the movement of traffic and not the parking of vehicles. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of non-significance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. 7. History: The properties containing the Pasco Flea Market were annexed into the City in 1994. The Pasco Flea Market was in existence several years prior to the annexation of the subject area. Over the years the flea market has grown in popularity and size, thus necessitating additional parking facilities. During most of the operating season existing parking is sufficient to accommodate the parking demands of the flea market; however, around 15-20 times a year there is a shortage of parking for the flea market, and thus necessitating an over flow parking area. ANALYSIS The applicant is proposing an off-site overflow parking lot for the Pasco Flea Market to be used a maximum of 20 times a year. Pursuant to PMC § 25.86.020 Off-site parking lots are considered an unclassified use as long as they are less than 500 feet from the building or in this case the use they are intended to serve and can be allowed in any zone subject to a Special Permit. Also, PMC § 25.78.090 provides development standards for all parking lots. As part of this review process the applicant is requesting relief from portions of these standards including surfacing, landscaping, and lighting and is seeking to be classified as a special events parking lot under the provisions of PMC § 25.78.100. PMC § 25.78.100 identifies sports fields and the Edgar Brown Stadium as eligible facilities for special event parking lots. Under the special permit review criteria however the Planning Commission may review the proposed application for appropriate conditions that may or may require full improvements to the parking lot. Without the approval of the parking lot the applicant was planning on fencing and graveling his property to control weeds and to eliminate the dumping problem on his parcel. In review of this proposal Staff has identified eight (8) issues for consideration by the Planning Commission: 1) dust control; 2) allowable development on site; 3) protection of utility poles and down guys from damage by vehicles; 4) compliance with development standards for parking lots; 5) safe crossing for pedestrians across Lewis Street; 6) the 2 installation of public facilities, 7) traffic flow through the new parking lot; and 8) the potential need for a lease between the applicant and the City. First, the building official has commented that dust must be controlled at all times on the proposed site. The Building Official has stated that the most acceptable methods for dust control are paving the site, graveling the site, or have an acceptable water source available 24 hours a day 7 days a week. In this case the applicant has proposed to gravel the entire site. Second, the building official has stated that the site must remain undeveloped unless appropriate permitting is issued. The concern is that the site would be developed for uses other than parking. As proposed the only development to occur is the fencing and graveling of the site. Any development beyond this would be outside of the scope of this special permit and would require additional review. Third, the Franklin PUD has asked that their utility poles and down guys be protected from damage by vehicles. Typically, these facilities would be located within the required landscaped area of a parking lot, which would be protected by border barricades; however, the applicant is requesting relief from the landscaping requirements due to the lack of water on site and the limited use of the site. Staff would suggest that barricades or bollards be required to protect all PUD facilities. Fourth, in general parking lots are required to comply with the standards of PMC § 25.78.090 Parking Lot Standards. In this case the applicant has stated that the proposed parking is similar in nature to Special Event Parking Lots as identified in PMC § 25.78.100, and as such should be exempt from Parking Lot Standards. The applicant has requested relief from the requirements for surfacing, borders and barricades, landscaping, and lighting. For surfacing the applicant has proposed to gravel the entire site instead of paving the site. For borders and barricades the applicant has proposed a fence along the property lines instead of curbing around the perimeter of the parking lot. The applicant has proposed no landscaping for this site due to the lack of water service to the site. The only need for water service would be for landscaping. If the applicant just fenced his lot and graveled it to prevent dumping there would be no need for landscaping. The planning commission will need to determine whether or not landscaping should be required if the proposal is recommended for approval. If landscaping is not require it should be kept in mind the property still benefits from the existing water line and nearby fire hydrants. Even if the landscaping is not required the 3 applicant should be contributing toward the cost of the fire protection by paying the footage and area charges for water. The applicant has also proposed no lighting for this site because the parking lot will only be used during daylight hours. Fifth, the proposed seasonal parking lot will be located across E. Lewis Place from the Flea Market. There are currently no crosswalks or signage on this portion of E. Lewis Place to identify where pedestrians can cross the street. The Planning Commission may need to consider pedestrian safety in any recommendation on the parking lot. Sixth, the development of all property carries with it the obligation to install or complete necessary infrastructure improvements. These improvements include curb 8v gutter and sidewalk. Currently the site is lacking the necessary curb and gutter. If the applicant's request is to be approved installing curb and gutter should be a condition. Currently, curbing exist along E. Lewis Place to the southeast of the subject parcel. Staff recommends the applicant be required to extend the existing curbing approximately 375 feet to the western property line of the subject parcel as a condition of approval for this permit. The curbing will aid in controlling driveway access, channel drainage and properly defining the road way. Seventh, the applicant has submitted a traffic circulation plan that Staff would suggest needs additional consideration. The applicant has proposed traffic enter the site at the western most corner of the site circulate through the parking lot and exit the site at the eastern most corner of the site. Because the majority of the traffic is either coming from or heading to the west Staff suggests traffic flow can be improved if vehicles entered the site from the eastern end and exit from the western end. This would reduce the conflicts and back ups associated with left hand turns in front of exiting traffic. Finally, upon review of the proposed site plan it appears the applicant is including some street right-of-way in his proposed parking lot. Private use of public right-of-way is generally not permitted. Excess right-of-way can be vacated or can be used thought a right-of-way license agreement with the City. The right-of-way currently can not be considered for vacation because a large portion of it will be needed some time this year for a bore pit to extend sewer to the east side of Highway 12. Any use of the right-of-way by the applicant will require a license agreement. INTIAL STAFF FINDINGS OF FACT 4 Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is located in a C-3 zone. 2. Adjoining properties to the south and west are zoned C-3. 3. The subject site is currently vacant. (A billboard and PUD power pole are located on the site.) 4. The applicant had planned to fence and gravel his property to control weeds and dumping. 5. The right-of-way bordering the site is lacking curb, gutter and sidewalk. 6. Water service is available in East Lewis Place. 7. Fire hydrants are located nearby the property. 8. There is no signage or traffic control devices related to pedestrians in the area of the proposed parking lot. 9. The proposed parking lot is located across the street and north of the Flea Market. 10. The Pasco Flea Market existed at it's current location several years prior to annexation into the City of Pasco. 11. The Pasco Flea Market has increased in size and popularity to necessitate additional parking. 12. The proposed parking lot is considered an off-site parking lot. 13. The proposed overflow parking lot will be used no more than 20 times in any given year. 14. The applicant's site plan includes public right-of-way. 15. The portion of the public right-of-way between the applicant's property and the paved portion of E Lewis Place will be needed by the City for a large bore pit for the extension of a major sewer line. 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: I j Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? 5 The proposed use will be in accordance with the goals, policies, objectives, and text of the Comprehensive Plan. 2) Will the proposed use adversely affect public infrastructure? The proposed development will not adversely affect public infrastructure. The applicant will be required to install curb and gutter the length of the right-of-way fronting the subject parcel. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The surrounding area is used as the Pasco Flea Market. The proposed parking lot will provide needed overflow parking approximately 20 days a year. The proposal will be in harmony with the surrounding uses. 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? No development other than clearing, grading, and fencing will be allowed on the subject parcel. Use of the subject parcel as an overflow parking lot will not discourage development of permitted uses on property in the general vicinity or impair value thereof. 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 parking lot is adjacent to Highway 12 which creates more noise, vibrations, traffic etc than the proposed parking lot, which will be used a maximum of 20 times a year. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The proposed parking lot will not endanger public health or safety by providing safe crossing facilities for pedestrians as they enter the Flea market from the parking lot. Also, use of the parcel as a parking lot 6 will help the owner maintain the site clean and free of weeds to prevent the creation of a nuisance. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions there from as contained in the staff report under Master File # SP 07-013. 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 Bill Robinson for the location of a offsite parking lot on the north side of East Lewis Place, across from the Pasco Flea Market with conditions as listed in the staff report under Master File # SP 07-013. (Proposed) Approval Conditions (1) The special permit is personal to the applicant; (2) The special permit shall be for a period of five years from the date of approval. The applicant must re-apply for a special permit before the expiration of the five year period. (3) The applicant shall provide safe crossing across East Lewis Place consistent with the requirements of the City of Pasco's Public Works Department and or the City Engineer. (4) The applicant shall redesign the traffic circulation to provide entrance into the site at the eastern end of the site and exiting at the western end of the site. (5) The applicant shall provide curbing or similar type protection for all Franklin PUD facilities within the applicant's property. (6) The applicant shall install curb and gutter, consistent with city standards, the length of the subject area beginning at the existing curb and gutter located east of the subject parcel and ending at the most western boundary of the subject parcel. (7) The applicant shall obtain a franchise agreement with the City of Pasco prior to use of any excess right-of-way for parking. (8) The applicant's use of any right-of-way authorized by franchise agreement must not interfere with the city's use of the right-of- way for utility work. The city shall not be responsible for 7 replacement of any gravel, paving or fencing that may be removed by the city for utility work. (9) The applicant must hard surface the entry driveways a minimum of 27 feet from the back of the curb (10) The parking lot must be kept clean of weeds and debris at all times. (11) The parking lot shall be for intermittent day time use limited to 12-15 days per year for over flow Flea market parking only. (12) No vehicles, trailers, recreational vehicles, equipment, merchandise, or material of any can be stored in the parking lot. (13) The special permit shall be null and void if a building permit for the fencing and other improvements required herein has not been obtained by February 21, 2009. (14) The property shall pay its fair share for water fees based on front footage and square footage consistent with requirements of the Public works Department. 8 NA '` f x � • Vii-' �.. �!�•' l,' � r`: �,' - lit�'� f/ � i• �t Y��"''�;'}�" � ' ?^F'.'.:.►ib+ ` ��'_°�'i,C.1.t146Y :_' �/ t ��#'.'- .i i�',"...,r.:a'S ,..r..'a'yy._, ,�'. :,fir,}11+x• i _ �_• ' .' it�� • : L rrAA�� �J �V <Ile 4L Cx _ oM ci pq • � o U . . CIO . . � W AW v w c� � r o � of O M • � 44- w ? '• cn v� � M � o N f 1 1 1 1 , 1 , 1 1 1 I l 1 1 1 r � 1 1 f m son tQ � � 1 , Y , CL ` � I O ' CMO � cmI � � 1 1 1 1 1 •� 1 N ' , , , N, 92LM 1 o •• 1 1 1 • � 1 o ' 1 N 1 1 , , 1 1 1 1 1 , � 1 �Q 1 1 1 1 ' 1 . LLM1 I 1 Planning Commission Minutes 1/17/08 A. Special Permit Off-Street Parking Lot (Bill Robinson) (E. Lewis Street) (MF# SP 07-013) 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. Staff provided an overview of the proposed project and its location. Staff explained the applicant's need for the additional parking area and explained that the subject parcel, Flea Market and surrounding areas were annexed into the City in 1994. The applicant is requesting approval of an offsite parking lot. In review of the proposal Staff identified eight issues for consideration including dust control, allowable development on the parking lot, protection of existing utilities, compliance with development standards, pedestrian safety crossing Lewis Place, traffic flow, and the potential need for a lease between applicant and city. With respect to utilities staff explained the property has benefited from fire hydrants in the area, and typically when development occurs the property owner's are required to pay their far share of the costs of development of the system. This property has not paid any fees associated with development of the water system in this area. Currently, curb and gutter exist to the east of the subject parcel. There is a need for this infrastructure to be extended thru the length of this property. Staff also stated traffic circulation impacts could be mitigated by reversing the exit and entrance of the parking lot. This would help eliminate conflicts of having to turn left across traffic possible causing backups. Staff also explained pedestrian safety needs to be addressed because currently there are no cross walks or signage of any kind along Lewis Place, from the proposed parking lot to the flea market. Chairman Samuel stated he recalled a City Council meeting were neighbors of the flea market complained about parking at flea market and garbage from flea market patrons being left on there properties. He asked Staff if this parking lot would help alleviate some of the concerns for the citizens. Staff responded that the parking lot may or may not help the traffic issue. The traffic problem extends down East Lewis Place to the intersection with E Lewis Street (Heritage Bvld). Commissioner Little asked if there would be any ramifications to permitting an unimproved parking lot particularly as it relates to how the City deals with Churches and other similar uses. Staff responded by stating that churches require individual special permit review, and are typically located in residential areas and are required to be fully improved. Staff suggested the proposed parking lot could be considered an interim type use that could be transitioned into a more permanent use as allowed in the C-3 zone in the future. Commissioner Little asked that if this proposal was considered, could a condition be added requiring additional review in 5 or 10 years. Staff stated that the Planning Commission certainly had the option. Commissioner Cruz asked Staff how the parking lot would be affected if the city needed to use the right-of-way. Staff noted that this year Public Works was planning on boring under Highway 12 to extend sewer to the, industrial properties to the north side of the highway. To do this they will need a bore hole and a place for machinery, which would use a portion of the right-of-way. However, once the work is complete the right-of- way would no longer be needed by Public Works. Commissioner Rose asked Staff if most businesses were required to have a certain amount of parking and if the flea market was providing any on site parking. Staff stated that yes the Flea market has parking, and the applicant could address that in more detail. Bill Robinson, 10120 Argent, Pasco. Explained the lot in question has been empty for years and has been used for illegal dumping for the last ten years. He constantly has to clean it up. Trucks have also used the site for a turnaround for many years which has created dirt roads on the parcel. Mr. Robinson explained the Flea Market has about 12 acres of parking and is open 35 days a year. The existing parking is sufficient for 30 days. Mr. Robinson stated he would like to control the dumping on the parcel by fencing it and also using it for overflow parking. The parcel would be used for overflow parking only and not on a daily basis. He stated he is willing to pay the $15,000 for curbing and $6,000 for water hook-up if he can use the parcel for parking. Commissioner Cruz asked is there was any problems with the need for franchise agreement. Mr. Robinson's stated that use of the right-of-way for boring is not in issue. He will simply re-grade and gravel the area once boring is complete. He noted that he originally thought his property incorporated the right-of-way area. Commissioner Cruz asked if he was ok with franchise agreement and maintaining site. Mr. Robinson stated yes because he already maintains the site. Chairman Samuel opened the public hearing. Bill Gordon, 204 Willow Court. Stated he owns property south of flea market and supports proposal. Chairman Samuel closed the public hearing. Chairman Samuel wanted to know what the commissioners thought would be reasonable time period for granting the special permit. Commissioner Cruz stated that five years would be reasonable. Commissioner Little was concerned that approving this would allow similar type developments in the community. Mr. Robinson stated he would only use the lot on Sundays from 12 pm to 3 pm when the primary parking lot is full. He mainly wants to fence the area to control it and keep the site clean. Commissioner Anderson stated that he didn't believe landscaping was needed for this proposal. He did want to see a condition added changing the traffic pattern as suggested by Staff. Commissioner Cruz stated that requiring that this proposal be reviewed again in 5 years was appropriate and would help alleviate concerns of full compliance with development standards. At the time of review, a determination could be made regarding additional requirements. Chairman Samuel asked Staff if the City would have an issue with fencing the property. Staff stated no, fencing is something that is allowed to protect property. Staff did request direction on requirements for pedestrian safety. Commissioner Anderson stated that pedestrian safety needs to be referred to City Engineer for direction. He thought that minimally a cross walk will have to be installed. Chairman Samuel did not believe landscaping was need at this point. He felt that when the permit was re-visited in 5 years compliance with additional standards could be considered. For this proposal placing the curb and gutter and fencing the property would be real benefit to city. Commissioner Cruz asked what would happen if franchise agreement could not be reached. Staff stated that the applicant would not be able to proceed with development of the parking lot. Commissioner Cruz asked that if a franchise agreement is not completed will Mr. Robinson still have access to property. Staff stated that he would. Typically, driveways are at least 20ft wide paved aprons. Staff suggested that paved aprons for access be required for this proposal. Bill Robinson stated that if a franchise agreement is not granted and he cannot use right-of-way the project dies. He will leave the lot as it is, grown over with tumble weeds. Commissioner Little made a motion to close the public hearing and schedule it for deliberations, adoption of findings of fact, conclusions therefrom, and recommendation for February 21, 2008. Commissioner Anderson seconded the motion. The motion was unanimously approved. PLANNING COMMISSION MINUTES 2/21/08 A. Special Permit Off_-Street Parking Lot (Bill Robinson) (E. Lewis Street) (MF# SP 07-013) 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. Staff reviewed the history of the project and discussed the proposed conditions. Staff explained an additional condition needs to be added. Condition 14 should state the property shall pay its fair share for water fees based on front footage and square footage consistent with the requirements of the public works department. Chairman Samuel asked what the estimated fees for the water would be? Staff stated that the water fees have been estimated at about $6,000. Staff explained why the water fees are charged. Staff further explained the property is benefiting from the existence of a water line and nearby fire hydrant. Fire protection is available to the property and the property needs to participate it the cost of that protection. Commissioner Cruz asked if the applicant wanted or needed water on the site. Staff stated that the applicant did not requested water and water would not be needed because the Planning Commission determined landscaping was not needed. Staff explained that prior to submission of the request for the special permit, the applicant was made aware that payment of the water fee and installation of curb and gutter would be required. Based on that information the applicant submitted his Special Permit application. Commissioner Anderson made a motion to adopt the findings of fact and conclusions therefore as contained in the Staff report. Commissioner Little seconded the motion. The motion passed with Commissioner Cruz voting Nay. Commissioner Anderson moved based on the findings of fact and conclusions therefrom that Planning Commission recommend the City Council grant a special permit to Bill Robinson for the location of an off site parking lot for the Pasco Flea Market with the conditions presented in the Staff report and the addition of condition number fourteen. Commissioner Little seconded the motion. The motion passed with Commissioner Cruz voting Nay. Staff explained the appeal process for the benefit of those present.