HomeMy WebLinkAbout2008.12.01Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. December 1, 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 November 17, 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$1,187,976.30 ($65,609.75 in the form of Wire
Transfer Nos. 5093 and 5097 and, $1,122,366.55 consisting of Claim Warrants numbered
168958 through 169162).
2. To approve Payroll Claims in the amount of $1,751,769.61, Voucher Nos. 38958 through
39044; and EFT Deposit Nos. 30026628 through 30027148.
(c) Professional Services Agreement for Memorial Pool Remodel:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
November 18, 2008.
2. Proposed Agreement.
To approve the Professional Services Agreement with ORB Architects for design and
construction services for Memorial Pool and, further, authorize the City Manager to sign the
agreement.
*(d) Resolution No. 3122, accepting work performed by A&B Asphalt, Inc., under contract for the
Sacagawea Heritage Trail Phase 2, Project No. 06-6-02.
1. Agenda Report from Michael McShane, City Engineer dated November 24, 2008.
2. Resolution.
To approve Resolution No. 3122, accepting the work performed by A&B Asphalt, Inc., under
contract for the Sacagawea Heritage Trail Phase 2,Project No. 06-6-02.
(RQ MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(c)
5. VISITORS- OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
Regular Meeting 2 December 1,2008
7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(a) Alley Vacation: A portion of the north/south alley in Block 10 Gantenbein's Addition (MF
#VAC08-011).
1. Agenda Report from David I. McDonald, City Planner dated November 24,2008.
2. Proposed Ordinance and Vicinity Map.
CONDUCT A PUBLIC HEARING
Ordinance No. , an Ordinance vacating a portion of the north/south alley in Block 10,
Gantenbein's Addition.
MOTION: I move to adopt Ordinance No. , vacating a portion of the north/south
alley in Block 10 Gantenbein's Addition and, further,authorize publication by summary only.
(b) Final Assessment Roll for Sewer ULID 143 (continued from 11/3/08).
1. Agenda Report from Doyle L. Heath,Utility Engineer dated November 24, 2008.
2. LID Boundary Map.
3. Ordinance.
'4. Protest Letter.
CONDUCT A PUBLIC HEARING
Ordinance No. , an Ordinance of the City of Pasco, Washington, approving and
confirming the assessments and assessment roll of Utility Local Improvement District No. 143
for the expansion and extension and improvement of the sewer collection system of the city,west
of Road 100, as provided by Ordinance No. 3794, as amended by Ordinance No. 3814, and
levying and assessing a part of the cost and expense thereof against the several lots, tracts,
parcels of land and other property as shown on the assessment roll.
MOTION: I move to adopt Ordinance No. , approving and confirming the
assessments and assessment roll of Utility Local Improvement District No. 143.
(c) 2009 Annual Operating and Capital Projects Budgets.
1. Agenda Report from Jim Chase,Finance Manager dated November 25,2008.
2. Proposed 2009 Annual Operating Budget Ordinance.
3. Proposed 2009 Capital Projects Budget Ordinance.
CONDUCT A PUBLIC HEARING
Ordinance No. , an Ordinance adopting the City of Pasco Operating Budget for the
Year 2009.
MOTION: I move for the first reading of Ordinance No. , for consideration of the 2009
Annual Operating Budget.
-AND-
Ordinance No. , an Ordinance adopting the City of Pasco Capital Projects Budget for
the Year 2009.
MOTION: I move for the first reading of Ordinance No. , for consideration of the 2009
Capital Projects Budget.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Q*(a) Resolution No. , a Resolution approving the preliminary plat for Heritage Village
Phase 5.
1. Agenda Report from David 1.McDonald,City Planner dated November 21, 2008.
2. Proposed Resolution.
3. Preliminary Plat (Council packets.only; copy available in the Community & Economic
Development Office,the Pasco Library or the city's website at www.pasco-wa.gov for public
review).
4. Report to the Planning Commission.
5. Planning Commission minutes dated 10/16/08 and 11/20/08.
MOTION: I move to approve Resolution No. approving the preliminary plat for
Heritage Village Phase 5.
Q*(b) Resolution No. , a Resolution approving a planned density development preliminary
plat for Three Rivers Crossing Division II.
1. Agenda Report from David 1. McDonald, City Planner dated November 21, 2008.
2. Proposed Resolution.
3. Preliminary Plat (Council packets only; copy available in the Community & Economic
Development Office, the Pasco Library or the city's website at www.pasco-wa.g_ov for public
review).
4. Report to the Planning Commission.
5. Planning Commission Minutes dated 10/16/08 and 11/20/08.
MOTION: I move to approve Resolution No. approving the preliminary plat for
Three Rivers Crossing Division I1.
Regular Meeting 3 December 1,2008
(c) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Sections
1.10.020 through 1.10.060, 1.10.909 and 1.10.130 of the Pasco Municipal Code defining Voting
Districts.
1. Agenda Report from Gary Crutchfield, City Manager dated November 25, 2008.
2. Map, Preferred Five District Option.
3. Proposed Ordinance.
MOTION: I move to adopt Ordinance No. , amending PMC Chapter 1.10 regarding
voting districts and, further, authorize publication by summary only.
(d) Ordinance No. , an Ordinance amending Section 2.16.010 relating to Councilmember
salaries.
1. Agenda Deport from Gary Crutchfield, City Manager dated November 25,2008.
2. Proposed Ordinance.
MOTION: I move to adopt Ordinance No. , amending Section 2.16.010 relating to
Councilmember salaries and, further, authorize publication by summary only.
(e) 2009 COLA for Non-Represented Employees:
1. Agenda Report from Lynne Jackson,Human Resources Manager dated November 25, 2008.
2. Proposed Ordinance,Non-Represented,Non-Management Wage Plan.
3. Proposed Ordinance, Management Salary Plan.
Ordinance No. , an Ordinance concerning wages for certain Non-Management, Non-
Represented personnel for the calendar year 2009.
MOTION: I move to adopt Ordinance No. , providing a cast-of-living adjustment in the
non-represented, non-management wage plan for year 2009 and, further, authorize publication by
summary only.
-AND-
Ordinance No. , an Ordinance concerning the salaries for Management positions for
the calendar year 2009.
MOTION: I move to adopt Ordinance No. , providing a cost-of-living adj ustment in the
management salary plan for year 2009 and, further, authorize publication by summary only.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
(a) Library Remodel and Temporary Closure:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
November 19, 2008.
2. Proposed Agreement (revised).
3. Letter from Library Executive Director dated 10/23/08.
4. Closure Schedule(revised).
MOTION: I move to approve the First Addendum to the Library Services Contract with the
Mid-Columbia Library District for remodeling at the Pasco Library and, further, authorize the
City Manager to sign the document.
(b) Professional Services Agreement with CH2MHill:
1. Agenda Report from Robert J. Alberts,Public Works Director dated November 19, 2008.
2. Professional Services Agreement Amendment No. 1 (Council packets only; copy available in
Public Works office, the Pasco Library or on the city's website at www.pasco-wa.gov for
public review).
3. Vicinity Map.
MOTION: I move to approve Amendment No. I to the July 7, 2008 Professional Services
Agreement with CH2MHil1 to provide design services for the West Side Water Treatment Plant
at a lump sum fee of$761,400 and, further, authorize the Mayor to sign the agreement.
Q*(c) Special Permit: Location of a Water Treatment Plant in an R-S-12 District (City of Pasco)
(MF#SP08-009):
1. Agenda Report from David I. McDonald, City Planner dated November 21, 2008.
2. Report to Planning Commission.
3. Planning Commission Minutes dated 10/16/08 and 11/20/08.
MOTION: I move to approve the special permit for the location of a new water treatment plant
in the 11300 block of West Court Street, as recommended by the Planning Commission.
Regular Meeting 4 December 1,2008
Q*(d) Special Permit: Location of a Church (World Life Christian Center) in the Broadmoor
Square Mall(MF#SP08-008):
1. Agenda Report from David I. McDonald, City Planner dated November 21, 2008.
2. Report to Planning Commission.
3. Planning Commission Minutes dated 10/16/08 and 11/20/08.
MOTION: I move to approve the special permit for the location of the World Life Christian
Center in suites 176, 180 and 184 of Broadmoor Square, as recommended by the Planning
Commission.
Q*(e) Special Permit: Location of a College/Technical School (Charter College) in the Broadmoor
Square Mall(MF#SP08-010):
1. Agenda Report from David I. McDonald,City Planner dated November 21, 2008.
2. Report to Planning Commission.
3. Planning Commission Minutes dated 10/30/08 and 11/20/08.
MOTION: I move to approve the special permit for the location of a college/technical school in
suites 208 and 216 of Broadmoor Square, 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, December 1, KGH — Emergency Medical Services Board Meeting.
(COUNCILMEMBER TOM LARSEN,Rep.; AL YENNEY, Alt.)
2. 12:00 p.m., Wednesday, December 3, 2601 N. Capitol Ave. —Franklin County Mosquito Control District
Board Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; AL YENNEY,Alt.)
3. 5:30 p.m., Thursday, December 4, 710 W. Court Street—Benton Franklin Community Action Committee
Meeting. (COUNCILMEMBER AL YENNEY,Rep.; REBECCA FRANCIK,Alt.)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 17, 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, Robert Hoffinann, Tom
Larsen, Joyce Olson, Matt Watkins and Al Yenney.
Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strebel, Administrative & Community Services Director; Rick White, Community &
Economic Development Director; Bob Alberts, Public Works Director; and Mike
Aldridge, Police Captain.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated November 3, 2008.
(b) Bills and Communications:
To approve General Claims in the amount of$1,287,318.94 ($87,926.39 in the form of
Wire Transfer Nos. 5085 and 5090 and, $1,199,392.55 consisting of Claim Warrants
numbered 168749 through 168957).
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$228,303.30 and, of that amount, authorize
$145,839.44 be turned over for collection.
(e) Ambulance Service Agreement with Walla Walla District No. 5:
To approve the interlocal agreement for provision of ambulance services to Walla Walla
Fire Protection District No. 5 and, further, authorize the Mayor to sign the Agreement.
(d) Resolution No. 3120, a Resolution approving a new Corridors and Gateways
Plan.
To approve Resolution No. 3120, adopting the 2008 Corridors and Gateways Plan.
(e) Resolution No. 3121, a Resolution fixing the time and date for a public
hearing to consider the vacation of the east/west alley in Blocks 7 and 8 , Owens
Addition.
To approve Resolution No. 3121, setting 7:00 p.m., Monday, December 15, 2008 as the
time and date to conduct a public hearing to consider the proposed vacation of the
east/west alley in Blocks 7 and 8, Owens Addition.
MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Yenney&Mayor Olson attended the AWC Open Government training and the
Veterans Resource Center Grand Opening.
Mr. Watkins attended the Veteran's Day Parade in W. Richland.
I 3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 17, 2008
PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
Street Vacation: A portion of East Washington Street and South Gray Avenue and
the East/West Alley in Block 5, Gray's East Riverside Addition (MF#VAC08-010).
MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION
FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE BEING
NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED.
Ordinance No. 3887, an Ordinance vacating a portion of South Gray Avenue and
East Washington Street adjacent Block 5, East Riverside Addition.
MOTION: Mr. Watkins moved to adopt Ordinance No.3887, vacating a portion of East
Washington Street and South Gray Avenue and, further, authorize publication by
summary only. Mr. Garrison seconded. Motion carried unanimously.
City Council Districts:
MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED
CHANGES TO THE COUNCIL DISTRICTS.
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING
NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED.
No action was taken. A draft Ordinance will be presented for Council's consideration at
the November 24th meeting.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
2009 Property Tax Levy:
Council and staff discussed the Property Tax Levy.
Ordinance No. 3888, an Ordinance Providing for the 2009 Ad Valorem Tax Levy, a
levy for the 1999 Unlimited Tax General Obligation Bonds and a levy for the 2002
Unlimited General Obligation Refunding Bonds in the City of Pasco in accordance
with state law.
MOTION: Mr. Watkins moved to adopt Ordinance No. 3888, providing for the 2009 Ad
Valorem Tax Levy, a levy for the 1999 Unlimited Tax General Obligation Bonds and the
2002 Unlimited Tax General Obligation Refunding Bonds. Mr. Garrison seconded.
Motion carried 6-1. No - Larsen.
Ordinance No. 3889, an Ordinance preserving the Property Tax Levy capacity in
the City of Pasco, Washington for fiscal years after 2009 in accordance with state
law.
MOTION: Mr. Watkins moved to adopt Ordinance No.3889, preserving Property Tax
Levy capacity for fiscal years after 2009 in accordance with state law. Mr. Garrison
seconded. Motion carried 6-1. No - Larsen.
MISCELLANEOUS DISCUSSION:
Mr. Larsen inquired about the city's policy on water shutoffs due to non payment of water
bills.
Mr. Crutchfield informed Council Bob Gear has been hired as Fire Chief.
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 17, 2008
Mr. Crutchfield explained the circumstances that lead to, and read into the record, a
Notice to Employees from the Public Employment Relations Commission stating that the
City committed unfair labor practices in relation to compensatory time in the bargaining
unit represented by the Pasco Police Officers' Association and will remedy the unfair
labor practices by not interfering with employees in the exercise of their collective
bargaining rights under the laws of the State of Washington. (Notice attached to minutes.)
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:53 p.m.
APPROVED: ATTEST:
Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk
PASSED and APPROVED this 1"day of December, 2008.
3
CITY OF PASCO
Council Meeting of:
December 1, 2008
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the anWih,"Pawborbpeclormeud certify under penalty of perjury that the materials have been furnished,the
services re ormed as described herein and that the claim is a just, due and unpaid
obligation a a we are authorized to authenticate and certify to said r Gary Crut James W. se, Finance Manager
We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington,
do hereby certify that the merchandise or services hereinafter specified have been received; that Wire Transfer
No.s 5093 and 5097 in the amount of$65,609.75, have been authorized;that Check No.s 168958 through
169162 are approved for payment in the amount of$1,122,366.55,for a combined total of$1,187,976.30 on this
1 st day of December,2008.
Councilmember Councilmember
SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 111.85
Judicial 9,199.08
Executive 1,174.77
Police 184,628.86
Fire 15,622.62
Administration& Community Services 84,936.10
Community Development 28,560.66
Engineering 14,871.36
Non-Departmental 5,514.99
Library 91,835.56
TOTAL GENERAL FUND: 436,455.85
STREET 285,150.51
C. D. BLOCK GRANT 6,302.53
KING COMMUNITY CENTER 1,328.66
AMBULANCE SERVICE 31,192.20
CEMETERY 5,768.39
ATHLETIC PROGRAMS 0.00
SENIOR CENTER 4,720.22
MULTI MODAL FACILITY 3,349.65
RIVERSHORE TRAIL&MARINA MAIN 351.61
LITTER CONTROL 0.00
REVOLVING ABATEMENT 245.00
PARKS FUND 0.00
TRAC DEVELOPMENT 12,500.00
STADIUM/CONVENTION CENTER 6,85222
CAPITAL IMPROVEMENT 12,285.00
METRO DRUG TASK FORCE 2,393.96
METRO DRUG FORFEITURE FUND 1,168.74
GENERAL CONSTRUCTION 0.00
WATER/SEWER 200,209.61
EQUIPMENT RENTAL-OPERATING 23,877.97
EQUIPMENT RENTAL- REPLACEMENT 0.00
MEDICAUDENTAL INSURANCE 65,609.75
TRI CITY ANIMAL CONTROL 43,443.04
FIRE PENSIONS 7,743.96
PAYROLL CLEARING 33,608.31
LID CONSTRUCTION 3,419.12
GRAND TOTAL ALL FUNDS: $ 1,187,976.30
3(b).1
CITY OF PASCO
Council Meeting of:
Payroll Approval December 1, 2008
The City Council
City of Pasco
Franklin County,Washington
The followi a su ry of payroll claims against the City of Pasco for the month of
November 200 w . h prese ted herewith for your review and approval.
. J1
Gary . Crutck I 07mnKnager James W. C Ple, Financial Services Manager
We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County,
Washington, do hereby certify that the services represented by the below expenditures have been received
and that payroll voucher No's. 38958 through 39044 and EFT deposit No's. 30026628 through 30027148
and City contributions in the aggregate amount of$1,751,769.61 are approved for payment on this
1 st day of December 2008.
Councilmember Counciimember
SUMMARY OF PAYROLL BY FUND
GENERAL FUND:
Legislative $ 6,760.00
Judicial 68,050.35
Executive 47,686.89
Police 536,967.05
Fire 244,441.64
Administrative&Community Services 226,907.54
Community Development 57,482.25
Engineering 73,423.35
TOTAL GENERAL FUND 1,261,719.07
CITY STREET 36,285.87
BLOCK GRANT 9,482.67
MARTIN LUTHER KING CENTER 5,605.22
AMBULANCE SERVICE FUND 115,305.65
CEMETERY 9,135.03
ATHLETIC FUND 936.79
SENIOR CENTER 12,254.72
STADIUM OPERATIONS 0.00
MULTI-MODAL FACILITY 33.17
BOAT BASIN 0.00
REVOLVING ABATEMENT FUND 0.00
TASK FORCE 8,521.62
WATER/SEWER 267,873.67
EQUIPMENT RENTAL-OPERATING 24,616.13
GRAND TOTAL ALL FUNDS $ 1,751,769.61
Payroll Summary
Net Payroll 813,397.14
Employee Deductions 518,005.94
Gross Payroll 1,331,403.08
City of Pasco Contributions 420,366.53
Total Payroll $ 1,751,769.61
3(b).2
AGENDA REPORT
FOR: City Council November 18, 2008
TO: Gary Crutchf' ty Manager
FROM: Stan Strebel, drpr i'n " �e and Community Workshop Mtg.: 11/24/08
Services D' ector-- Regular Mtg.: 12/1/08
SUBJECT: Professional Services Agreement for Memorial Pool Remodel
I. REFERENCE(S):
I. Proposed Agreement.
11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11/24: Discussion
12/1: Motion: I move to approve the Professional Services Agreement with ORB
Architects for design and construction services for Memorial Pool, and
further, authorize the City Manager to sign the agreement.
III. FISCAL IMPACT:
$210,000 in 2009 Capital Budget.
IV. HISTORY AND FACTS BRIEF:
A) On October 27, Council reviewed the basic issues and alternatives associated with
the remodel of Memorial Pool during a presentation by Geoff Anderson of ORB
Architects.
B) Based on the discussion of the meeting, staff and ORB have developed a scope of
work and schedule for design and construction of the pool remodel project with
the following pertinent points:
1. Demolition and replacement of existing bathhouse.
2. Renovation of 50 meter pool, restore 1 meter diving, upgrade/replace
mechanical system.
3. Replace training pool with leisure pool, relocate slide, add additional spray
toys/features as budget allows.
C) Design and construction document costs are set at $149,020 for the estimated $2.3
million construction budget (6.48%). A construction administration allowance of
$60,000 (depending on actual time/expenses) is also included.
D) Staff recommends approval of the agreement so that design work can commence
forthwith.
3(c)
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter
referred to as the "City", and ORB Architects, hereinafter referred to as the "Consultant".
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide design, permitting, construction plan preparation and administration
services with respect to the Memorial Pool Remodel project.
NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and
between the parties hereto as follows:
1. Scope of work. The scope of work shall include all services and material necessary
to complete the work as outlined in the scope of services letter dated November 11, 2008, and
marked as Exhibit A, attached hereto and incorporated herein by this reference.
2. Ownership and use of documents. All research, tests, surveys, preliminary data
and any and all other work product prepared or gathered by the Consultant in preparation for the
services rendered by the Consultant shall not be considered public records, provided, however,
that:
A. All final reports, presentations and testimony prepared by the Consultant
shall become the property of the City upon their presentation to and acceptance by the City and
shall at that date become public records.
B. The City shall have the right, upon reasonable request, to inspect, review
and, subject to the approval of the Consultant, copy any work product.
C. In the event that the Consultant shall default on this Agreement, or in the
event that this contract shall be terminated prior to its completion as herein provided, the work
product of the Consultant, along with a summary of work done to date of default or termination,
shall become the property of the City and tender of the work product and summary shall be a
prerequisite to final payment under this contract. The summary of work done shall be prepared at
no additional cost, if the Agreement is terminated through default by the Consultant. If the
Agreement is terminated through convenience by the City, the City agrees to pay Consultant for
the preparation of the summary of work done.
3. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be as
set forth in Exhibit A (5 pages, attached), provided, in no event shall the payment for all work
performed pursuant to this Agreement exceed the sum of$210,000, plus reimbursable expenses,
without prior authorization of the City.
ORB Architects, Memorial Pool Remodel
1
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each
voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process.
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3) years after final
payment. Copies shall be made available upon request.
4. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly and deliver the work product in accordance with the schedule set forth in
Exhibit A.
5. Hold harmless agreement. In performing the work under this contract, the
Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter
individually and collectively referred to as "Indemnities"), from all suits, claims, demands,
actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the
Indemnities from
A. All damages or liability of any character including in part costs, expenses
and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person
or organization for whom the Consultant may be responsible, and arising out of the performance
of professional services under this Agreement; and
B. All liability, loss, damage, claims, demands, costs and expenses of
whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be
based upon, any act, omission, or occurrence of the Consultant or any person or organization for
whom the Consultant may be responsible, arising out of, in connection with, resulting from or
caused by the performance or failure of performance of any work or services other than
professional services under this Agreement, or from conditions created by the Consultant in the
performance or non-performance of said work or service, regardless of whether or not caused in
part by the parry indemnified hereunder.
6. General and professional liability insurance. The Consultant shall secure and
maintain in full force and effect during performance of all work pursuant to this contract a policy
of comprehensive general liability insurance providing coverage of at least $500,000 per
occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate
for property damage; and professional liability insurance in the amount of $1,000,000. Such
general liability policies shall name the City as an additional insured and shall include a
provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to
the City. The City shall be named as the certificate holder on the general liability insurance.
Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
ORB Architects, Memorial Pool Remodel
2
7. Discrimination prohibited. Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, age, sex, national origin
or physical handicap.
S. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or representative
of the Consultant shall be deemed to be an agent, employee or representative of the City for any
purpose. Consultant shall be solely responsible for all acts of its agents, employees,
representatives and sub-consultants during the performance of this contract.
9. City approval. Notwithstanding the Consultant's status as an independent
contractor, results of the work performed pursuant to this contract must meet the approval of the
City.
10. Termination. This being an Agreement for professional services, either party
may terminate this Agreement for any reason upon giving the other party written notice of such
termination no fewer than ten(10) days in advance of the effective date of said termination.
11. General Provisions. For the purpose of this Agreement, time is of the essence.
Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement,
venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall
apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs.
12. Integration. The Agreement between the parties shall consist of this document and
the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the
parties and shall not be amended except by a writing executed by both parties. In the event of
any conflict between this written Agreement and any provision of Exhibit A, this Agreement
shall control.
13. Non-waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
14. Non-assignable. The services to be provided by the contractor shall not be
assigned or subcontracted without the express written consent of the City.
15. Covenant against contingent fees. The Consultant warrants that he has not
employed or retained any company or person, other than a bona fide employee working solely for
the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award of making of this contract. For breach or violation of this warranty, the
City shall have the right to annul this contract without liability or, in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
ORB Architects, Memorial Pool Remodel
3
16. Notices. Notices to the City of Pasco shall be sent to the following address:
CITY OF PASCO
P. O. BOX 293
PASCO,WA 99301
Notices to the Consultant shall be sent to the following address:
ORB Architects
607 SW Grady Way, Ste 210
Renton WA 98057
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in
the U. S. mails, with proper postage and properly addressed.
DATED THIS DAY OF ,2008
CITY OF PASCO CONSULTANT: ORB Architects
By: By:
City Manager
Title:
ORB Architects, Memorial Pool Remodel
4
Exhibit "A"
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11 November 2008
City of Pasco
525 North Third Avenue
Pasco,WA 99301
Attention: Stan Strebel
Re: Memorial Pool Renovation -Scope of Work
Dear Stan:
ORB Architects, Inc. (ORB) is pleased to provide you with the proposed Scope of Work description and
Design Fee Estimate for the renovation of the Memorial Pool facility in Pasco Washington.
Concepts
The objective of this project is to upgrade the 1948 Memorial Pool into a modern facility that includes
aspects which realize the latest trends in aquatic facility design. In achieving this goal, the city expects to
be marking a wise investment that will increase the number of swimmers that use the pool facility while
reducing the subsidy for the operations of the pool for the City of Paso.
It is our understanding that this project will have a total budget on $3 million to complete the renovations.
Based on the previous City of Pasco Aquatics Needs Studies prepared by ORB and subsequent meetings
with you and the Pasco City Council that this scope of work shall include the following program elements:
Memorial Pool
Bathhouse
• Demolish existing Bathhouse
• Upgrade structural footings/supports as required to build a new Bathhouse
• Replace the Bathhouse with a new enclosed structure
• Provide an improved changing room layout
• Provide for full accessibility per ADA standards
50-Meter Pool
• Provide new manufactured pool lining system within the existing concrete pool
• Restore the 1-meter Diving Board, including meeting the DOH Safety codes
• Provide a new pool gutter system
• Upgrade and/or replace the mechanical system for the pool
Leisure Pool
• Replace the training pool with a approx. 3,600 SF Leisure Pool, including a Zero-Depth Entry
• Relocate or reconfigure the existing Water Slide
• Include spray toys as budget allows
COMMUNITY INSFIREG AR>v.r✓ JTEGTUAE
Pasco Memorial Pool Renovation
11/11/2008
Scope of Design Services
ORB will be a valuable partner in the design and construction of your pool renovation project, from
planning and developing concepts to completion of construction and even opening day.
Below, I have attempted to outline the process that we will take in order to achieve a successful project.
Approach
We will work with you to develop the"big ideas" early in the process_ By and large, this has already been
accomplished through ORB's Needs Study's and the Pasco City Council Meeting on October 201h. I
suggest that the next step in this process include an initial meeting on site to reacquaint ourselves with the
specifics of the layout and determination of unknown factors that should be clarified or obtained early on.
Throughout our design process, we will continue to review the ideas and progress with you.
Pre-design
In Pre-design we clarify requirements and parameters.This is where we determine what expectations can
be met balancing the budget with scope and schedule. We establish a program; research code issues,
and document your site and existing structures, as needed.
Pre-design tasks include:
Programming -defining uses
Design concept development-setting down the big ideas
Feasibility analysis - looking at budget, space needs
Permit/code/Department of Health research
Site analysis, and legal research as needed (Verify if we need to get a surrey)
According to the research I've done so far, this property does have any immediately evident site
constraining issues. If there are development restrictions on the site, we will notify you as soon as we
discover them, and work together with you to determine an appropriate action plan.
Schematic Design
In Schematic Design we define the massing and form of the structure.We will test plan, section, and
elevation options; and discuss materials, detail, and design concepts with you. The goal of Schematic
Design is to craft a vision that we are all behind developing.
Schematic Design tasks include:
Design: plan options, elevation and section sketches to develop a preferred layout
Structural analysis and recommendations
Preliminary systems design (heat, plumbing, ventilation, etc)
Progress meeting
Schematic Design ends with an agreed-upon set of design drawings. A schematic set is not a finished
design, but a set of ideas that we all wish to advance. I recommend that we get a cost estimate based on
the Schematic Design drawings,to validate our assumptions regarding material and systems costs and to
check progress against your budget.
Pasco Memorial Pool Renovation
11/11/2008
Design Development
In Design Development we do detailed design based on the completed Schematic Design.
Design Development tasks include:
Develop detailed plan and elevation layouts
Perform a Code analysis
Coordinate the Structural systems
Coordinate Mechanical, Electrical and Plumbing layouts
Prepare outline Specifications
Construction Documents
Finally, we will finish the drawings and prepare documents for construction. Finish detail design and final
color and material selections will be refined as the documents are developed. Final review and
adjustments to the construction cost estimate will be made.
Construction Document tasks include:
Finalize Drawings with details and schedules
Prepare code worksheets and notes
Final coordination of all consultant scopes of work
Final Specifications and Project Manual
Permitting and Department of Health Review
ORB will provide you with the required set(s) of documents in order to apply for a building application and
application with the Department of Health. ORB knowledge of the code requirement and experience with
the Washington State DOH will help facilitate a smooth process of approval. If deemed necessary, ORB
Architects will meet or communicate with the building and health department to resolve any issues prior to
the application process.
We recommend that the owner apply for the permit and pay the applicable fees in order to save time and
money in the process.
Bidding
As this will be a standards Design-Bid-Building project, ORB Architects will prepare a full set of project
documents, including detailed drawings and project manual with specifications for the purpose of bidding.
During the Bid period ORB will support the owner through responding to bidder questions and issuing the
appropriate addendums. If required ORB can also support a pre-bid walk-through of the project at cost.
Construction Administration
During construction,we are your support team, helping streamline the process; acting as your agent,
assistant and advisor. We are there to help make sure that the vision we have developed together is
executed, as you want it. Specific responsibilities may include:
Pasco Memorial Pool Renovation
11/11/2008
Generally, we like to schedule regular meetings on site, to provide a time and a structure for questions,
answers, and clarifications of details. For this project, we estimate one(1) site visit to Pasco per month of
the construction period.
Schedule
The schedule shall be used as a guide to track overall project goats. Their may be conditions or changes
that result in altering the schedule. Any changes to the schedule shall be discussed and agreed upon by
Pasco Parks& Recreation and ORB Architects. Based on the current assumptions we propose the
following schedule:
December 2008 Notice to Proceed
Dec 2008-June 2009 Design-Construction Documents
June-July 2009 Permitting
July 2009 Bidding
August 2009- May 2010 Construction
Summer 2010 Open Renovated Memorial Pool
Fee Summary
The following fees are given based on the Washington State Fee Schedule and our experience for the
above outlined tasks. Based on a$3 million total budget, it is estimated that the Construction Costs will be
approximately$2.3 million, (no site acquisition required),with the additional amount being used for design,
fees, taxes and other soft costs of the project.
Schematic Design $28,075
Design Development $43,195
Construction D=ments $77.750
Design Total $149,020
Bidding &Construction Administration(see attached worksheet) allow$60,000
Reimbursable Expenses will be billed at cost plus 10%.
This proposal excludes Geotechnical Evaluation or a Survey which may be required if significant changes
to the site work is determined to be required. If the city of Pasco has Record Drawings of the existing
facility, those could also be helpful in determining if the survey scope is necessary. If either scope is
required they can be either added to ORB's scope of work or retained by the City of Pasco by others.
Please do not hesitate to contact me with any questions or comments. We look forward to proceeding on
this project and working with the City of Pasco.
Rasp tively S1 Omitted,
off E Anderson,AIA
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CITY OF PASCO-MEMORIAL POOL FEE PROPOSAL 11/7/2008 GEA/ORB
ARCHITECTURAL
PROPOSED HOURLY BREAKDOWN PRIN. ARCH INTERN/DRAFT STAFF/ADMIN
BIDDING&CONSTRUCTION ADMINISTRATION
BIDDING&NEGOTIATION,ADDENDA 4 16 8 4
OFFICE ADMIN. (ARCH @ 4 HOURS/WEEK) 10 40 0 0
FIELD OBSERVATION (10 SITE VISITS @ 8 HOURS EACH) 40 80 0 0
SUBMITTALS, SHOP DRAWINGS, PROPOSAL REQUESTS, RFI's 10 80 20 8
PUNCH LIST AND O&M REVIEW 8 12 0 1
SUBTOTAL ITEMS 72 228 28 13
TOTALS 72 228 28 13
ARCHITECTURAL
BIDDING&CONSTRUCTION PHASE PROPOSED HOURLY HOURS RATE W/OH TOTAL
PRINCIPAL 72 $125.00 $9,000
ARCHITECT 228 $105.00 $23,940
DRAFTER 28 $72.00 $2,016
TYPIST 13 $72.00 $936
CONSTRUCTION PHASE FEE $35,892
TOTAL ARCHITECTURAL FEE $35,892
CONSULTANT FEES
STRUCTURAL ENGINEERING DESIGN FEE(AHSL) $2,500
CIVIL ENGINEERING $1,000
MECHANICAL&ELECTRICAL ENGINEERING $10,000
OH&P to% $1,350
SUBTOTAL CONSULTANT FEE $14,850
TOTAL ARCHITECTURAL&ENGINEERING FEE $50,742
REIMBURSABLE EXPENSES:
AIRFARE @$250 PER TRIP 10 $2,500
PER DIEM(HOTEL/MEALS)@ $150 PER NIGHT IF REQUIRED 10 $0
CAR RENTAL @$85 PER DAY 10 $850
SUBTOTAL REIMBURSABLE EXPENSES $3,350
TOTAL CONSTRUCTION ADMINISTRATION FEE $54,092
Page 1 of 1 mr•b
arcl'tocts
AGENDA REPORT NO. 39
FOR: City Council November 24, 2008
TO: Gary Crutchfie Manager
Robert J. Alb s, Pub c Works Director
G
FROM: Michael MCA Sty Engineer Regular Mtg.: 12/01/08
SUBJECT: Accept Sacagawea Heritage Trail Phase 2, Project#06-6-02
I. REFERENCE(S):
1. Resolution
H. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
12/01: MOTION: I move to approve Resolution No. - accepting the work
performed by A&B Asphalt, Inc., under contract for the
Sacagawea Heritage Trail Phase 2, Project#06-6-02.
III. FISCAL IMPACT:
Capital Improvement Fund: $242,000.00
WSDOT Trans Enhancement Grant: $418,000.00
IV. HISTORY AND FACTS BRIEF:
A) On April 7, 2008, Council awarded the Sacagawea Heritage Trail Phase 2, Project
#06-6-02 to A&B Asphalt, Inc. for$516,094.65, plus applicable tax.
V. DISCUSSION:
A) The final project cost was $616,710.17, plus applicable tax. The overage was due
to the relocation of a waterline to protect the existing levy as required by the Army
Corp of Engineers ($49,326.24), as well as the addition of landscaping and paving
on Ainsworth Avenue from 5th Avenue to 9th Avenue ($50,855.84), allowing us
to fully utilize the grant funds.
The work is now complete and staff recommends acceptance of this work.
3(d)
RESOLUTION NO. 13\0A-C�
A RESOLUTION ACCEPTING WORK PERFORMED BY A&B ASPHALT, INC. UNDER
CONTRACT FOR THE SACAGAWEA HERITAGE TRAIL PHASE 2,PROJECT#06-6-02.
WHEREAS, the work performed by A&B ASPHATL, INC., under contract for the
Sacagawea Heritage Trail Phase 2, Project #06-6-02, has been examined by Engineering and has been
found to be in apparent compliance with the applicable project specifications and drawings, and
WHEREAS, it is Engineering reconunendation that the City of Pasco formally accept the
contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City
Council concurs with Engineering recommendation and thereby accepts the work performed by A&B
ASPHALT, INC., under contract for the Sacagawea Heritage Trail Phase 2, Project #06-6-02, as
being completed in apparent conformance with the project specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State
Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction of
same and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this 1 st day of December, 2008.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT NO. 84
FOR: City Council 7 November 24, 2008
TO: Gary Crutchfi anager Regular Mtg.: 12/01/08
Rick White, D r
Community 4conomic Development
FROM: David I. McDonald, City Planner
SUBJECT: ALLEY VACATION: A portion of the North/South Alley in Block 10
Gantenbeins Addition (MF#VAC08-011)
I. REFERENCE(S):
1. Proposed Ordinance and Vicinity Map
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
Conduct Public Hearing:
12/1: MOTION for Vacation: I move to adopt Ordinance No. vacating a
portion of the North/South alley in Block 10
Gantenbeins Addition, and further, to authorize
publication by summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
1) The City acquired four parcels of land on South 5`" Avenue as a part of the Ainsworth
Avenue rail overpass construction project. Three of these parcels are vacant and
available for development. The City is pursuing development of these three parcels
through the HOME program. An unimproved dead end alley extends into a portion of
these parcels. Vacating the dead end portion of the alley in question will enhance the
opportunity to develop the parcels consistent with the surrounding neighborhood.
2) The City Council set December 1, 2008 as the date to consider the vacation.
V. DISCUSSION:
A) The proposed alley vacation has been reviewed by the City Engineering Department
and the utility providers.
B) The PUD has requested the retention of an easement.
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
ALLEY IN BLOCK 10, GANTENBEINS ADDITION.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate rights-of-way; and
WHEREAS, all steps and procedures required by law to vacate said right-of-way have
been duly taken and performed; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That all of that portion of the north/south alley located southerly of the north
line of Lots 5 and 12 in Block 10, Gantenbeins Addition, together with a portion of right-of-way
described as follows: Beginning at the southwest corner of parcel # 112-383-460, the same
being Lot 8, Gantenbeins Addition with a portion of Vacated "D" Street, Thence southerly from
said corner a distance of 10.5 feet, Thence northwesterly for a distance of 33 feet, Thence
easterly to the point of beginning, 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 the vacated right-of-way described in Section 1 above 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 1St day of December, 2008.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
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AGENDA REPORT NO. 33
FOR: City Council November 24, 2008
TO: Gary Crutchfie i anager
Robert J. Albe , u is Works Director
FROM: Doyle L Heath, tility Engineer - Regular Mtg.: 12/01/08
SUBJECT: Continued Public Hearing on the Final Assessment Roll for Sewer ULID 143
I. REFERENCE(S):
1. LID Boundary Map
2. Ordinance
3. Protest letter
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
12/1 Conduct a Public Hearing(continuation from 11/3/08 meeting)
12/1 MOTION: I move to adopt Ordinance No. , approving and confirming
the assessments and assessment roll of Utility Local Improvement
District No. 143.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) On June 5, 2006, Council approved Resolution No. 2961 limiting sewer Utility
Local Improvement District's (ULID) to a maximum of $8,000 per parcel. On
October 2, 2006, Council adopted Ordinance No. 3794 creating sewer ULID No.
143 West of Road 100. The ULID area was amended (reduced in size) with
Ordinance No. 3814 (see Exhibit 1). The Preliminary Assessment was for $8,000
per parcel. On November 5, 2006, Council awarded a contract for the ULID.
With the award, the Assessment cost was equivalent to $9,154 per parcel. The
construction work was completed in September and the Final Assessment Roll has
been prepared. A Public Hearing was held on November 3, 2008 and continued to
the December 1,2008 meeting.
V. DISCUSSION:
A) The final cost associated with the ULID was $10,380 per parcel. The Final
Assessment (the amount charged to the property owner), in accordance with
Resolution No. 2961, is $8,000 per parcel. The costs associated with the ULID
include construction, bond, attorney, interim interest, publication, testing, and the
Sewer System Fee.
B) A protest letter (attached) was received at the last Public Hearing. Staff feels that
the property receives the benefit of the improvements and that the assessment
should be kept as shown.
C) After the Public Hearing and the adoption of the Final Assessment Roll, the
Finance Department mails out a letter concerning payments, and that ULID
Payment Assistance is available for low-income households which meet Federal
income guidelines.
7(b)
R U.LJ.D, 143 -
WEST OF ROAD 1,00& g
N OF COUEI`STREET'
ASSESSMENT = >
$8,000.00/P
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••• U.L.LD. 143 BOUNDARY
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CITY OF PASCO, WASHINGTON
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, approving and
confirming the assessments and assessment roll of Utility Local Improvement
District No. 143 for the expansion and extension and improvement of the sewer
collection system of the City, West of Road 100, as provided by Ordinance No.
3794, as amended by Ordinance No. 3814, and levying and assessing a part of the
cost and expense thereof against the several lots, tracts, parcels of land and other
property as shown on the assessment roll.
WHEREAS, the assessment roll levying the special assessments against the property
located in Utility Local Improvement District No. 143 in the City of Pasco, Washington (the
"City"), has been filed with the City Clerk as provided by law; and
WHEREAS, notice of the time and place of hearing on the Utility Local Improvement
District No. 143 ("ULID No. 143") assessment roll, and for making objections and protests to the
roll was published, fixing the time and place of hearing thereon for the 3rd day of November,
2008, at the hour of 7:00 p.m., local time, in the Council Chambers in the City Hall, Pasco,
Washington, and further notice thereof was mailed by the City Clerk to each property owner
shown on the roll; and
,WHEREAS, as a result of a publication error, publication of notice did not occur for two
consecutive weeks at least fifteen days prior to November 3, 2008; and
WHEREAS, the Council commenced the hearing on November 3, 2008, but continued
the hearing on the ULID No. 143 assessment roll until December 1, 2008, to provide additional
published notice of the continued hearing scheduled for December 1, 2008; and
WHEREAS, the additional notice was published for two consecutive weeks at least
fifteen days prior to December 1, 2008, and gave notice of the continued hearing on December 1,
2008, and further notice was posted according to law; and
WHEREAS, at the time and place fixed and designated in the notices the hearing was
held, all written protests received were considered and all persons appearing at the hearings who
wished to be heard were heard. Following the close of the hearing, the City Council, sitting and
acting as a Board of Equalization for the purpose of considering the roll and the special benefits
to be received by each lot, parcel and tract of land shown upon such roll, including the increase
and enhancement of the fair market value of each such parcel of land by reason of the
improvement, overruled all such protests;NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY
ORDAIN, as follows:
-1-
50948393.2
Section 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW.
1.1 The above-recitals are incorporated herein by this reference.
1.2 Utility Local Improvement District No. 143 ("ULID No. 143") has been created
and established for the purpose of providing for the expansion and extension and improvement of
the sewer collection system of the City, West of Road 100, as provided by Ordinance No. 3794,
as amended by Ordinance 3814, The assessments and assessment roll for ULID No. 143, as the
same now stand, shall be and the same are approved and confirmed in all things and respects in
the total amount of$1,200,000.
1.3 Each of the lots, tracts, parcels of land and other property shown upon the
assessment roll is determined and declared to be specially benefited by the ULID No. 143
improvements in at least the amount charged against the same, and the assessment appearing
against the same is in proportion to the several assessments appearing upon the roll. There is
levied and assessed against each lot, tract or parcel of land and other property appearing upon the
roll the amount finally charged against the same thereon.
Section 2. CONFIRMATION AND COLLECTION.
2.1 The assessment roll as hereby approved and confirmed shall be filed with the City
Financial Services Manager for collection. The City Financial Services Manager is authorized
and directed to publish notice as required by law stating that the roll is in his hands for collection
and that payment of any assessment thereon or any portion of such assessment can be made at
any time within 30 days from the date of first publication of such notice without penalty, interest
or cost, and that thereafter the sum remaining unpaid may be paid in 15 equal annual installments
of principal together with interest due on the unpaid balance. The estimated interest rate is stated
to be 6% per annum, with the exact interest rate to be fixed in the ordinance authorizing the
issuance and sale of the local improvement bonds for Utility Local Improvement District
No. 143. The first installment of assessments on the assessment roll shall become due and
payable during the 30-day period succeeding the date one year after the date of first publication
by the City Financial Services Manager of notice that the assessment roll is in his hands for
collection and annually thereafter each succeeding installment shall become due and payable in
like manner.
2.2 If the whole or any portion of the assessment remains unpaid after the first 30-day
period,' interest upon the whole unpaid sum shall be charged at the rate as determined under
Section 2.1, and each year thereafter one of the installments of principal together with interest
due on the unpaid balance, shall be collected. Any installment not paid prior to expiration of the
30-day period during which such installment is due and payable shall thereupon become
delinquent. Each delinquent installment shall be subject, at the time of delinquency, to a charge
of 5% penalty levied on both principal and interest due upon that installment, and all delinquent
installments also shall be charged interest at the rate of 8% per annum as set forth in PMC
14.04.050. The collection of such delinquent installments shall be enforced in the manner
provided by law.
-2-
5094634].2
PASSED by the City Council and APPROVED by the Mayor of Pasco, Washington, at a
regular open public meeting thereof, this 1St day of December, 2008.
Mayor
[ATTEST]:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
City Attorney
-3-
50948393.2
CERTIFICATION
I, Debra L. Clark, City Clerk of the City of Pasco, Washington (the "City"), hereby
certify as follows:
1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and
correct copy of the Ordinance duly passed at a regular meeting of the City Council of the City
held at the regular meeting place thereof on the I" day of December, 2008, as that Ordinance
appears on the Minute Book of the City; and
2. A quorum of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for the adoption of
the Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this I"day of December, 2008.
Debra L. Clark, City Clerk
509483932
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AGENDA REPORT
FOR: City Council Regular Meeting: December 1, 2008
TO: Gary Crutchfie anager
Stan Strebel, A i Community Services Director
FROM: Ji h , inancial Services Manager
SUBJECT: 2009 ANNUAL OPERATING AND CAPITAL PROJECTS BUDGETS
I. REFERENCE(S):
A) Proposed 2009 Annual Operating Budget Ordinance.
B) Proposed 2009 Capital Projects Budget Ordinance.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATION:
A. Conduct Public Hearing
B. MOTION: I move for the first reading of Ordinance No. for
consideration of the 2009 Annual Operating Budget.
C. MOTION: I move for the first reading of Ordinance No. for
consideration of the 2009 Capital Projects Budget.
III. FISCAL IMPACT:
A) $112,873,260 - Annual Operating Budget.
B) $21,360,000 -Net Increase to Capital Projects Authority.
IV. HISTORY AND FACTS BRIEF:
The 2009 Preliminary Budget was discussed at the Special Council workshop meeting
held on November 10, 2008. General Fund Revenues and Expenditures were discussed
as well as other operating fund budgets and each department head gave a briefing and
answered questions regarding oversight of their respective operating and capital projects
budgets.
A copy of the 2009 Preliminary Budget document is available for review at the Pasco
Public Library. The document is also available for viewing and printing from the City's
internet site at www.pasco-wa.gov by finding and clicking Publications , then moving
the pointer over to and clicking Financial Info & Reports then clicking on 2009 Annual
Operations and Capital Improvement Preliminary Budget.
V. DISCUSSION:
Since the workshop meeting it was discovered that the Baseball Stadium project had
adequate budget authority to complete the project and was removed from the Capital
Projects Budget Ordinance.
It was also determined that the 2008 Waste Water Treatment Plant Expansion will be
completed in 2008. The original ordinance showed a $430,000 increase in authority was
needed. Public Works indicates that it will be a separate project. The 2009 Waste Water
Treatment Plant Expansion Project and the related $430,000 project cost was also added
to the Capital Projects Budget Ordinance.
7(c)
ORDINANCE NO.
AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE YEAR 2009.
WHEREAS,subsequent to due notice and public hearing thereon,the City Council of the City of Pasco has approved
an operating budget for the year 2009; NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON DO ORDAIN AS FOLLOWS:
Section One. The following budget containing the totals set forth for each fund for the year 2009 is hereby adopted
FUND EXPENDITURE REVENUE
GENERAL FUND $ 37,181,600 $ 37,181,600
CITY STREET FUND 1,412,300 1,412,300
ARTERIAL STREET FUND 3,876,000 3,876,000
1-182 CORRIDOR TRAFFIC IMPACT FUND 643,000 643,000
STREET OVERLAY FUND 2,612,000 2,612,000
COMMUNITY DEVELOPMENT BLOCK GRANT FUND 973,175 973,175
M.L. KING JR. COMMUNITY CENTER FUND 140,200 140,200
AMBULANCE SERVICES FUND 1,997,400 1,997,400
CONTINGENCY FUND 165,000 165,000
CITY VIEW CEMETERY FUND 249,900 249,900
ATHLETIC PROGRAM FUND 123,000 123,000
SENIOR CENTER OPERATING FUND 265,600 265,600
MULTI-MODAL FACILITY FUND 65,500 65,500
BI-CENTENIAL FUND 6,100 6,100
RIVERSHORE TRAIL& MARINA MAINTENANCE FUND 27,200 27,200
SPECIAL LODGING ASSESSMENT FUND 190,400 190,400
LITTER ABATEMENT FUND 16,600 16,600
REVOLVING ABATEMENT FUND 329,600 329,600
TRAC DEVELOPMENT&OPERATING FUND 260,300 260,300
PARK DEVELOPMENT FUND 1,928,000 1,928,000
CAPITAL IMPROVEMENTS FUND 4,200,000 4,200,000
INDUSTRIAL DEVELOPMENT&INFRASTRUCTURE FUND 755,000 755,000
STADIUM/CONVENTION CENTER FUND 459,790 459,790
1999 GENERAL OBLIGATION BOND FIREILIBRARY FUND 250,000 250,000
2002 GENERAL OBLIGATION REFUNDING BOND FUND 603,000 603,000
WATER!SEWER UTILITY FUND 36,092,955 36,092,955
EQUIPMENT RENTAL OPERATIONS FUND-GOVERNMENT TYPE 975,780 975,780
EQUIPMENT RENTAL OPERATIONS FUND-PROPRIETARY TYPE 429,020 429,020
EQUIPMENT RENTAL REPLACEMENT FUND-GOVERNMENT TYPE 2,272,060 2,272,060
EQUIPMENT RENTAL REPLACEMENT FUND-PROPRIETARY TYPE 1,732,280 1,732,280
MEDICAL/DENTAL INSURANCE FUND 4,000,000 4,000,000
CENTRAL STORES FUND 56,000 56,000
CEMETERY TRUST FUND 390,000 390,000
CEMETERY PRE-NEED TRUST FUND 83,000 83,000
BOULEVARD PERPETUAL MAINTENANCE FUND 1,491,000 1,491,000
OLD FIREMEN'S PENSION TRUST FUND 4,492,000 4,492,000
LANDFILL REMEDIATION FUND 388,000 388,000
LOCAL IMPROVEMENT DISTRICT GUARANTY FUND 1,740,500 1,740,500
GRAND TOTAL ALL FUNDS $ 112,873,260 $ 112,873,260
Section Two. This Ordinance shall be in full force and effect on January 1,2009.
PASSED by the City Council of the City of Pasco this 15th day of December,2008.
ATTEST:
Joyce Olson,Mayor
Debbie Clark, City Clerk
Approved as to Form: Leland B. Kerr,City Attorney
1
ORDINANCE NO.
AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE YEAR 2009.
WHEREAS,subsequent to due notice and public hearing thereon,the City Council of the City of Pasco has approved the
following Capital Projects Budget for the year 2009; NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS:
Section One. That capital projects are hereby authorized as detailed below. The following schedule summarizes(1)newly
authorized projects,(2)previously authorized projects which have had authorization increased,(3)previously
authorized projects which have had authorization increased,and(4)previously authorized projects which have
had authorization decreased.
INCREASE TOTAL
PREVIOUS (DECREASE) NEW PROJECT
CAPITAL PROJECTS: AUTHORITY AUTHORITY PROJECT AUTHORITY
HIGHLAND PARK ADDITION $0 $0 $120,000 $120,000
MEMORIAL POOL RENOVATION 0 0 3,100,000 3,100,000
M L KING CENTER REMODEL 0 0 125,000 125,000
COORIDOR ENHANCEMENT PROJECT 0 0 300,000 300,000
MISCELLANEOUS STREET IMPROVEMENTS 0 0 50,000 50,000
ROAD 100 AND 1-182 RAMPS 0 0 2,000,000 2,000,000
IRRIGATION SYSTEM IMPROVEMENTS 0 0 400,000 400,000
PWRF UPGRADES 0 0 110,000 110,000
2009 WW TREATMENT PLANT EXPANSION 0 0 430,000 430,000
MISC SEWER IMPROVEMENTS 0 0 50,000 50,000
NEW WASTEWATER TREATMENT PLANT 0 0 220,000 220,000
SEWER LINE EXTENSIONS 0 0 1,000,000 1,000,000
SEWER LINE REPLACEMENT 0 0 400,000 400,000
MISCELLANEOUS STORMWATER IMPROVEMENTS 0 0 55,000 55,000
STORMWATER COMPLIANCE 0 0 150,000 150,000
MISCELLANEOUS WATER IMPROVEMENTS 0 0 80,000 80,000
WATER DISTRIBUTION LINE EXTENSIONS 0 0 600,000 600,000
WATER FILL STATIONS 0 0 200,000 200,000
WATER FILTRATION PLANT IMPROVEMENTS 0 0 400,000 400,000
WATER METER/REPLACEMENT/CROSS CONNECT 0 0 140,000 140,000
WEST SIDE WATER TREATMENT PLANT 0 0 9,000,000 9,000,000
POLICE STATION/MUNICIPAL COURT BUILDING 100,000 600,000 0 700,000
ANNUAL OVERLAY AND CRACK SEAL PROJECTS 710,000 910,000 0 1,620,000
ARGENT ROAD WIDENING 500,000 420,000 0 920,000
LEWIS STREET OVERPASS 100,000 100,000 0 200,000
ROAD 100 AND SANDIFUR SIGNALS 1,400,000 -1,050,000 0 350,000
INTERTIE TO CITY OF KENNEWICK 20,000 800,000 0 820,000
RAW WATER PUMP STATION IMPROVEMENTS 150,000 250,000 0 400,000
REPLACEMENT OF AC WATERPIPE 600,000 400,000 0 1,000,000
TOTAL $ 3,580,000 $ 2,430,000 $ 18,930,000 $ 24,940,000
Section Two. This Ordinance shall be in full force and effect on January 1,2009.
PASSED by the City Council of the City of Pasco this 15th day of December,2008.
ATTEST:
DEBRA CLARK,CITY CLERK JOYCE OLSON,MAYOR
APPROVED AS TO FORM: LELAND B. KERR,CITY ATTORNEY
AGENDA REPORT NO. 82
FOR: City Council November 21, 2008
TO: Gary CrutchAD* e anager Regular Mtg.: 12/01/08
Rick White, Zvi Com munity omic Development
FROM: David I. McDonald, City Planner 1 12 �
SUBJECT: PRELIMINARY PLAT: Heritage Village Phase 5, 15 lots at the north end of
Road 90 (Fastrack, Inc) (MF#PP08-002)
I. REFERENCE(S):
1. Proposed Resolution
2. Preliminary Plat (Council Packets only)
3. Report to the Planning Commission
4. Planning Commission Minutes: Dated 10/16/08 & 11/20/08
Note: Preliminary Plat is available in the Planning Office, the Pasco Library, or on
the City's web page at www.pasco-wa.gov for public review.
IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
12/01: MOTION: I move to approve Resolution No. , approving the
preliminary plat for Heritage Village Phase 5.
III.FISCAL IMPACT:
A. NONE
IV.HISTORY AND FACTS BRIEF:
A. On October 16, 2008, the Planning Commission conducted a public hearing for the
purpose of developing a recommendation for the City Council on the preliminary plat
for Heritage Village Phase 5. Heritage Village Phase 5 is a proposed 15-lot subdivision
located at the north end of Road 90.
B. Following the conduct of a public hearing, the Planning Commission determined that
with conditions related to sewer service and other infrastructure needs, the preliminary
plat could be recommended for approval. The recommended conditions are contained in
the attached resolution.
C. No written appeal of the Planning Commission's recommendation has been received.
8(a)
RESOLUTION NO.
A RESOLUTION approving preliminary plat for Heritage Village Phase 5.
WHEREAS, RCW 58.17 enables the City to uniformly administer the process of
subdividing property for the overall welfare of the community; and,
WHEREAS, owners and developers of property situated in southwest quarter of
Section 8, Township 9 North, Range 29 East, W.M. have requested approval of a preliminary
plat; and,
WHEREAS, the Planning Commission has reviewed said preliminary plat which is
named Heritage Village Phase 5; and
WHEREAS, following a public hearing, the Planning Commission found the
proposed plat promoted the general welfare of the community and recommended said
preliminary plat be approved with conditions; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the preliminary plat for Heritage Village Phase 5 located in the North half of Section 8,
Township 9 North, Range 29 East, W.M., is hereby approved with the following conditions:
1) The horizontal layout of the knuckles on Somerset Lane and Westmoreland Lane
shall not be permitted. The reverse curve in the right of way line is not allowed.
The final plat layout must not contain the reverse curve in the right of way.
2) A temporary turnaround easement must be created at the end of Somerset and
Westmoreland Lanes. The easement must be on the developer property and the
turnaround must be to City of Pasco Standards. The turnaround must be surfaced
with a 2-inch layer of asphalt placed on a 4 inch rock base.
3) At the time lots are developed all abutting roads and utilities shall be developed to
City standards as approved by the City Engineer. This includes but is not limited
to water, irrigation and sewer lines, streets, street lights and storm water retention.
Sidewalks must be installed no later than the time each lot is developed with a
house. The handicapped-accessible pedestrian ramps must be completed with the
street and curb improvements prior to final plat approval. All existing and
proposed utilities must be installed underground by the developer at the
developer's expense. The temporary water and sewer mains along the southerly
portion of lots 4 and 15 must be installed and removed at the developer's expense.
The developer will also be responsible to make the necessary repairs to the
landscaping, curb, gutter sidewalk, and paving as a result of removing the
temporary mains.
4) All streets are to be developed to City Standards and/or as directed by the City
Engineer. Street grades for all arterial and collector roads shall not exceed 6
percent. Interior local access street grades shall not exceed 10 percent. All
intersections will require setback lines for appropriate sight distances. No fences,
utility vaults or pedestals, or other obstructions will be allowed in this area.
Approaches to intersecting interior streets shall not exceed 2 percent and any
street intersecting an arterial or collector street shall be zero (0) percent coming
out of the toe of the arterial/collector street slope. All temporary streets will be
required to have a paved turnaround (2 inch pavement on 4 inches of rock base) at
the end of the street to the satisfaction of the City Engineer.
5) The developer/builder shall pay the City a "common area maintenance fee" of
$300 per lot upon issuance of building permits for homes. These funds shall be
placed in a fund and used to finance the maintenance of Boulevard landscaping.
6) The developer/builder shall pay the City a "traffic mitigation fee" per the
Municipal Code.
7) The developer shall install a common Estate type fence 6 feet in height adjacent
the north line of lots 9 to 11. The City may make repairs or replace the fencing as
needed: Property owners adjoining said fence shall be responsible for payment of
all costs associated with maintenance and upkeep of the fencing. These fencing
requirements shall be noted clearly on the face of the final plat(s).
8) The developer shall be responsible for all costs associated with plan review and
construction inspection service expenses incurred by the City of Pasco
Engineering Department.
9) The developer will be required to provide a deposit to the City of Pasco to allow
the City of Pasco to hire a surveying company to perform topographic surveys of
the constructed utilities including manhole lids and flow line elevations, location
of sewer stubs, water valves, water meters, irrigation valves, irrigation services,
storm water catch basins, street lights, fire hydrants, monuments and other
pertinent information deemed necessary, to the satisfaction of the City of Pasco.
The developers will be required to provide as-built drawings for the remainder of
the improvements. The City of Pasco contracted surveyor will be given an
electronic copy of the design drawings to then insert their findings from the
topographic survey.
10) The developer shall ensure active and ongoing dust and litter abatement activities
occur during the construction of the subdivision and construction of the houses
thereon.
11) The final plat shall contain a 10- to 15-foot utility easement parallel to all streets
as required by utility providers. A temporary utility easement shall be identified
along the southerly 20 feet of lots 4 and 15 for the installation of temporary water
and sewer mains.
12) The developer shall install a properly designed irrigation system with stubs to all
lots in the subdivision for future irrigation needs. All easements/rights of way
necessary to convey an irrigation system to and through the proposed plat must be
conveyed to the City of Pasco. The irrigation lines shall run in easements/rights
of way as directed by the City Engineer.
13) All engineering designs for infrastructure and final plat drawings shall utilize the
published City of Pasco Vertical Control Datum. Said datum must be identified
on the drawings for each submittal.
14) Any and all water rights associated with this land, along with any wells, pumps,
pipe, associated electrical system(s) and appurtenances shall be conveyed to the
City prior to subdivision construction plan approval of the first phase. If no water
rights are available to transfer to the City the property owner/developer must pay a
water right fee of$1,500 per acre in lieu thereof, prior to subdivision construction
plan approval of the first phase. The Public Works Director may waive the fee if
the developer mixes a soil additive in the ground that provides 30% retention of
irrigation water.
15) The final plat shall contain the following Franklin County Public Utility District
statement: "The individual or company making improvements on a lot or lots of
this plat is responsible for providing and installing all trench, conduit, primary
vaults, secondary junction boxes, and backfill for the PUD's primary and
secondary distribution system in accordance with PUD specifications; said
individual or company will make full advance payment of line extension fees and
will provide all necessary utility easements prior to PUD construction and/or
connection of any electrical service to or within the plat."
16) The final plat shall contain the following statement: "Irrigation service lines are
currently available to lots within this plat; however, water for the irrigation system
may not currently be available. The City of Pasco is constructing its irrigation
infrastructure on an ongoing basis. The use of the system will become available as
time and resources permit the expansion and connection of new systems to the
existing irrigation supply."
17) All corner lots and other lots that present difficulties for the placement of yard
fencing shall be identified by lot number in the notes on the face of the final
plat(s).
18) All storm water must be disposed of through means approved by the City of
Pasco. All methods utilized to capture and dispose of storm water must be in
accordance with current City Codes and Standard Specifications, and applicable
Washington State Law.
19) Lots abutting Edelman Road (the right-of-way on the north side of the plat
(Power Line Rd)) shall not have direct access to said street. Access shall be
prohibited by means of deed restrictions or statements on the face of the final
plat(s).
20) Irrigation mainlines must be installed throughout the entire proposed plat of a size
sufficient to service each and every currently proposed/future lot pursuant to PMC
26.04.116. The developer must install a properly designed irrigation system with
stubs to all lots in the subdivision for future irrigation needs. All easements/rights
of way necessary to convey an irrigation system to and through the proposed plat
must be conveyed to the City of Pasco. The irrigation lines shall run in
easements/rights of way as directed by the City Engineer.
21) All water lines must be extended through the length of each proposed plat. All
water lines will be required to be looped with the existing City of Pasco water
system. A deposit is required for the removal of any temporary loops installed by
the developer. The deposit must include the cost of removing the temporary
piping, replacing damaged curb, gutter and sidewalk, and a curb to curb
replacement of all pavement for at least 10 feet on both sides of the temporary line
that was removed. The deposit will be refunded to the developer when the work is
completed by the developer and accepted by the City. No water valves or meter
boxes are to be located in any easements or walkways.
22) Any and all utilities must be located as directed by the City Engineer. This shall
include but not be limited to gas, phone, power, cable and all other utilities
located within or adjoining this preliminary plat. Any existing utilities that present
difficulties shall be relocated at the developer's expense, pursuant to the City
Engineer's direction. All utility plans, including the above mentioned, are required
to be submitted to the City of Pasco prior to subdivision approval.
23) Street lighting must be installed as directed by the City Engineer. Residential
street lights are typically installed every 300 feet and collector/arterial street lights
are installed every 150 feet.
24) Prior to the City of Pasco accepting construction plans for review for any phase of
development the developer must enter into a Storm Water Maintenance
Agreement with the City. The developer will be responsible to obtain the
signatures of all parties required on the agreement and to have the agreement
recorded with the Franklin County Auditor. The original signed and recorded
copy of the agreement must be presented to the City of Pasco at the first intake
meeting for construction plans for each phase of development.
25) The developer will be required to conform to all conditions set forth in the Storm
Water Maintenance.Agreement including, but not limited to, regular cleaning and
maintenance of all streets, gutters, catch basins and catch basin protection
systems. Cleaning shall occur on a regular basis to ensure that no excess build up
of sand, trash, grass clippings, weeds or other debris occurs in any portion of the
streets, gutters, or storm water collection facilities. Cleaning and upkeep of the
streets, gutters, and storm water collection facilities must be to the satisfaction of
the City Engineer. The developer will be responsible to operate and maintain the
storm drain system in accordance with the Storm Water Maintenance Agreement
for a period of up to 5 years from the date of final plat approval for each phase or
until the system is accepted by the City of Pasco. The City of Pasco's acceptance
of construction plans for subsequent phases of the subdivision will be contingent
on the developer satisfying all requirements of the Storm Water Maintenance
Agreement.
26) The developer will be required to comply with the City of Pasco Civil Plan
Review process. A copy of the requirements for the civil plan review process is
available from the City of Pasco Engineering Department.
Passed by the City Council of the City of Pasco this 1st day of December, 2008.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy, Leland B. Kerr, City Attorney
REPORT TO PLANNING COMMISSION
MASTER FILE NO: PP 08-002 APPLICANT: Fastrack, Inc.
HEARING DATE: 10/ 16/08 8211 Hudson Dr
ACTION DATE: 11/20/08 Pasco, WA 99301
BACKGROUND
REQUEST: Preliminary Plat - Heritage Village Phase 5 (15-Lots)
1. PROPERTY DESCRIPTION:
Legal: Lot 1, Coles Estates
General Location: North end of Rd 90 west of Heritage Village Phase 3
Property Size: 4.69 Acres
Number of Lots Proposed: 15 single-family lots
Square Footage range of Lots: 8,527 sq. ft. to 14,956 sq. ft.
Average Lot Square Footage: 9,784 sq. ft.
2. ACCESS: The property has access from La Salle Dr. and Road 90
3. UTILITIES: All municipal utilities are available to the site
4. LAND USE AND ZONING: The site is zoned R-1 (Low density
Residential) with restrictions. requiring minimum lot size of 8,500
square feet. Properties to the north in the County are zoned AP-20
(Agricultural Production). Properties directly to the south in the City
are zoned R-1. The subdivisions to the east, west and south are zoned
R-1 (Low Density Residential) Residential). Land use of the
surrounding properties is as follows:
NORTH- Farm circle
SOUTH- Vacant
EAST- Heritage Village subdivision (single family)
WEST- Broadmoor Estates subdivision (single family)
S. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site
is intended for low density residential development. According to the
Comprehensive Plan low density residential means 2 to 5 dwelling
units per acre. The criteria for allocation under the future land use
section of Volume II of the Comprehensive Plan (Vol. II, page 17)
encourages development of lands designated for residential uses when
or where; sewer is available, land is suitable for home sites, and when
1
there is a market demand. Policy H-1-E encourages the advancement
of home ownership and Goal H-2 suggests the City strive to maintain a
variety of housing options for residents of the community. Goal LU-2
encourages the maintenance of established neighborhoods and the
creation of new neighborhoods that are safe and enjoyable places to
live.
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.
ANALYSIS
The City's land use plans for the last 25-30 years have indicated the property
in question should be utilized for low-density (single family) residential
development. Even though the site was originally platted as part of the Coles
Estates in 1967, it has never been developed. Heritage Village, Broadmoor
Estates, Mediterranean Villas and Vintage Village have all developed around or
near the site in the last few years. The proposed plat can be considered an
infill project that utilizes land within the Pasco Urban Growth Boundary that
was previously bypassed (skipped over) by development.
The applicant is proposing to subdivide the site into 15 single-family lots. The
proposal calls for the development of single-family lots that are similar in size
to the lots in Broadmoor Estates and a little larger than the lots in Heritage
Village. The average lot size in the proposed subdivision is 9,784 square feet.
LOT LAYOUT: The proposed plat contains 15 lots meeting or exceeding the R-
1 zoning requirements imposed by the ordinance that rezoned the property
from R-T to R-1.
RIGHTS-OF-WAY: All lots have adequate frontage on streets that will be
dedicated.
UTILITIES: The developer will be responsible for extending the water lines,
sewer lines, and other utilities into the plat. A utility easement will be needed
along the first 10-15 feet of all lots. An additional easement will be required
along the south 20 feet of lots 4 and 15 for the temporary looping of the
domestic water system and the temporary connection of the sewer system. This
easement will be vacated once the temporary connections are removed. The
final location and width of the easements will be determined during the
engineering design phase. The front yard setbacks for construction purposes
are larger than the requested easements; therefore the front yard easements
will not encroach upon the buildable portions of the lots.
2
The City Engineer will determine the specific placement of fire hydrants and
streetlights when construction plans are submitted. As a general rule, fire
hydrants are located at street intersections and at a maximum of 600-foot
intervals and streetlights are located at street intersections and at 300-foot
intervals on residential streets.
Sewer service will be required to come from the west and south and not from
La Salle Drive.
STREET NAMES: The proposed street names match the names of
surrounding streets.
IRRIGATION: The Municipal Code requires the installation of irrigation lines
as a part of infrastructure improvements.
WATER RIGHTS: The assignment of water rights is a requirement for
subdivision approval. If no water rights are available to transfer to the City the
property owner/developer must pay a water right fee of $1,500 per acre in lieu
thereof. The Public Works Director may waive the fee if the developer mixes a
soil additive in the ground that provides 30% retention of irrigation water.
FINDINGS OF FACT
State law (RCW 58.17.010) and the Pasco Municipal code require the Planning
Commission to develop Findings of Fact as to how this proposed subdivision
will protect and enhance the health, safety and general welfare of the
community. The following is a listing of proposed "Findings of Fact":
Prevent Overcrowding: With an average lot size of 9,784 square the proposed
development will address the overcrowding concern by providing manageable
lots and usable open spaces. R-1 zoning requires a 20 foot front yard set back
and no more than 40 percent lot coverage providing for open space on the lots.
Parks Opens Space/Schools: The subdivision is too small for the requirement
for a neighborhood park. A fee in lieu of land dedication will be required.
Effective Land Use/Orderly Development: The plat is laid out to effectively
utilize the site consistent with surrounding residential development. The site is
within the Pasco Urban Growth boundary and the development will occur on
land previously skipped over by past development. This development would be
considered an infill project.
Safe Travel & Walking Conditions: The plat provides connections to the
community by way of local access streets. Sidewalks are required to be
installed when homes are built.
3
Adequate Provision of Municipal Services: Municipal water and sewer lines
will be extended to the plat from nearby lines. All utility lines will be sized and
installed to meet the standard specification of the City.
Provision of Housing for State Residents: This preliminary plat will provide
15 lots for the construction of new dwellings for Pasco residents.
Adequate Air and Light: The lot sizes and maximum lot coverage limitations
will assure the adequate movement of air and light is available to each lot.
Proper Access & Travel: The access street in the plat will be paved and
developed to City standards to assure proper access is maintained to each lot.
Connections to the community will be provided by local streets. The
preliminary plat was submitted to the Transit Authority for review. No
comments were received from the Transit Authority.
Comprehensive Plan Policies & Maps: The Comprehensive plan designates
the site for low-density residential development. Policies of the plan encourage
the advancement of home ownership and suggest the City strive to maintain a
variety of housing of residents.
Other Findings: (list additional finds as appropriate)
1) The property is zoned R-1 which is identical to the zoning of adjacent
subdivisions.
2) Heritage Village Phase 3 is located to the east.
3) Broadmoor Estates Phases 4 &5 are located to the west and south.
4) The Comprehensive Plan encourages the interconnection of
neighborhood streets.
5) Streets in the proposed subdivision will connect to existing and proposed
neighborhood streets.
6) The proposed plat will allow the interconnection and looping of utilities.
7) The site is currently vacant.
8) The site is within the Pasco UGA.
9) Each lot developed within the I-182 corridor is required by code to pay a
traffic mitigation fee of$300.
10) Comprehensive Plan Policy LU-3-C encourages development to expand in
a progressive and efficient manner.
11) Comprehensive Plan Policy H-3-B encourages the advancement of
homeownership.
12) Comprehensive Plan Policy H-2 suggests the city strive to maintain a
variety of housing options for residents of the community.
13) Comprehensive Plan Policy H-1-B supports the protection and
enhancement of the established character of viable residential
neighborhoods.
4
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of the proposed plat the Planning
Commission must develop findings of fact from which to draw its conclusion
(P.M.C. '26.24.070) there from as to whether or not:
1) Adequate provisions are made for the public health, safety and
general welfare and for open spaces, drainage ways, streets, alleys,
other public ways, water supplies, sanitary wastes, parks, playgrounds,
transit stops, schools and school grounds, sidewalks for safe walking
conditions for students and other public needs;
The proposed plat will be required to develop under the standards of
the municipal code and standard specifications of the City
Engineering Department. These standards were designed to ensure
the public health; safety and general welfare of the community are
secured. These standards include provisions for streets, drainage,
water and sewer service and funding for park lands. This preliminary
plat has been forwarded to the Franklin County PUD, the Pasco
School District and Ben-Franklin Transit Authority for review and
comment.
2) The proposed subdivision contributes to the orderly development
and land use patterns in the area;
The proposed plat is located on a site that has been skipped over by
development. The development is an inftll project that makes efficient
use of vacant land that was passed over by previous development.
3) The proposed subdivision conforms to the policies, maps and
narrative text of the Comprehensive Plan;
The Comprehensive Plan land use map designates the site for low
density residential development. Low density development is described
as 2 to S single-family units per acre in the Comprehensive Plan. The
policies of the plan encourage the advancement of home ownership (H-3-
B). Plan Goal H-2 suggests the City strive to maintain a variety of
housing options for residents of the community while Plan Policy H-1-B
supports the protection and enhancement of the established character of
viable residential neighborhoods.
s
4) The proposed subdivision conforms to the general purposes of any
applicable policies or plans which have been adopted by the City
Council;
Development plans and policies have been adopted by the City Council
in the form of the Comprehensive Plan. The proposed subdivision
conforms to the policies, maps, and narrative text of the Plan as noted in
number three above.
5) The proposed subdivision conforms to the general purposes of the
subdivision regulations.
The general purposes of the subdivision regulations have been
enumerated and discussed in the staff analysis and findings of fact.
The findings of fact indicate the subdivision is in conformance with the
general purposes of the subdivision regulations.
6) The public use and interest will be served by approval of the
proposed subdivision.
The proposed plat, if approved, will be developed in accordance with all
City standards designed to insure the health, safety and welfare of the
community are met. The Comprehensive Plan will be implemented
through development of this plat. These factors will ensure the public
use and interest is served.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt the findings of fact
and the conclusions as contained in the staff report of November 20,
2008.
MOTION for Recommendation: I move based on the findings of fact
and conclusions there from the Planning Commission recommend the
City Council approve the Preliminary Plat for Heritage Village Phase 5
with conditions as listed in the staff report of November 20, 2008.
PLAT APPROVAL CONDITIONS
1) The horizontal layout of the knuckles on Somerset Lane and
Westmoreland Lane shall not be permitted. The reverse curve in
6
the right of way line is not allowed. The final plat layout must not
contain the reverse curve in the right of way.
2) A temporary turnaround easement must be created at the end of
Somerset and Westmoreland Lanes. The easement must be on the
developer property and the turnaround must be to City of Pasco
Standards. The turnaround must be surfaced with a 2-inch layer
of asphalt placed on a 4 inch rock base.
3) At the time lots are developed all abutting roads and utilities shall
be developed to City standards as approved by the City Engineer.
This includes but is not limited to water, irrigation and sewer lines,
streets, street lights and storm water retention. Sidewalks must be
installed no later than the time each lot is developed with a house.
The handicapped-accessible pedestrian ramps must be completed
with the street and curb improvements prior to final plat approval.
All existing and proposed utilities must be installed underground
by the developer at the developer's expense. The temporary water
and sewer mains along the southerly portion of lots 4 and 15 must
be installed and removed at the developer's expense. The developer
will also be responsible to make the necessary repairs to the
landscaping, curb, gutter sidewalk, and paving as a result of
removing the temporary mains.
4) All streets are to be developed to City Standards and/or as directed
by the City Engineer. Street grades for all arterial and collector
roads shall not exceed 6 percent. interior local access street grades
shall not exceed 10 percent. All intersections will require setback
lines for appropriate sight distances. No fences, utility vaults or
pedestals, or other obstructions will be allowed in this area.
Approaches to intersecting interior streets shall not exceed 2
percent and any street intersecting an arterial or collector street
shall be zero (0) percent coming out of the toe of the
arterial/collector street slope. All temporary streets will be required
to have a paved turnaround (2 inch pavement on 4 inches of rock
base) at the end of the street to the satisfaction of the City
Engineer.
5) The developer/builder shall pay the City a "common area
maintenance fee" of$300 per lot upon issuance of building permits
for homes. These funds shall be placed in a fund and used to
finance the maintenance of Boulevard landscaping.
6) The developer/builder shall pay the City a "traffic mitigation fee"
per the Municipal Code.
7) The developer shall install a common Estate type fence 6 feet in
height adjacent the north line of lots 9 to 11. The City may make
repairs or replace the fencing as needed. Property owners adjoining
7
said fence shall be responsible for payment of all costs associated
with maintenance and upkeep of the fencing. These fencing
requirements shall be noted clearly on the face of the final plat(s).
8) The developer shall be responsible for all costs associated with
plan review and construction inspection service expenses incurred
by the City of Pasco Engineering Department.
9) The developer will be required to provide a deposit to the City of
Pasco to allow the City of Pasco to hire a surveying company to
perform topographic surveys of the constructed utilities including
manhole lids and flow line elevations, location of sewer stubs,
water valves, water meters, irrigation valves, irrigation services,
storm water catch basins, street lights, fire hydrants, monuments
and other pertinent information deemed necessary, to the
satisfaction of the City of Pasco. The developers will be required to
provide as-built drawings for the remainder of_the improvements.
The City of Pasco contracted surveyor will be given an electronic
copy of the design drawings to then insert their findings from the
topographic survey.
10) The developer shall ensure active and ongoing dust and litter
abatement activities occur during the construction of the
subdivision and construction of the houses thereon.
11) The final plat shall contain a 10- to 15-foot utility easement
parallel to all streets as required by utility providers. A temporary
utility easement shall be identified along the southerly 20 feet of
lots 4 and 15 for the installation of temporary water and sewer
mains.
12) The developer shall install a properly designed irrigation system
with stubs to all lots in the subdivision for future irrigation needs.
All easements/rights of way necessary to convey an irrigation
system to and through the proposed plat must be conveyed to the
City of Pasco. The irrigation lines shall run in easements/rights of
way as directed by the City Engineer.
13) All engineering designs for infrastructure and final plat drawings
shall utilize the published City of Pasco Vertical Control Datum.
Said datum must be identified on the drawings for each submittal.
14) Any and all water rights associated with this land, along with any
wells, pumps, pipe, associated electrical system(s) and
appurtenances shall be conveyed to the City prior to subdivision
construction plan approval of the first phase. If no water rights are
available to transfer to the City the property owner/developer must
pay a water right fee of $1,500 per acre in lieu thereof, prior to
subdivision construction plan approval of the first phase. The
Public Works Director may waive the fee if the developer mixes a
8
soil additive in the ground that provides 30% retention of irrigation
water.
15) The final plat shall contain the following Franklin County Public
Utility District statement: "The individual or company making
improvements on a lot or lots of this plat is responsible for
providing and installing all trench, conduit, primary vaults,
secondary junction boxes, and backfill for the PUD's primary and
secondary distribution system in accordance with PUD
specifications; said individual or company will make full advance
payment of line extension fees and will provide all necessary utility
easements prior to PUD construction and/or connection of any
electrical service to or within the plat."
16) The final plat shall contain the following statement: "Irrigation
service lines are currently available to lots within this plat;
however, water for the irrigation system may not currently be
available. The City of Pasco is constructing its irrigation
infrastructure on an ongoing basis. The use of the system will
become available as time and resources permit the expansion and
connection of new systems to the existing irrigation supply."
17) All corner lots and other lots that present difficulties for the
placement of yard fencing shall be identified by lot number in the
notes on the face of the final plat(s).
18) All storm water must be disposed of through means approved by
the City of Pasco. All methods utilized to capture and dispose of
storm water must be in accordance with current City Codes and
Standard Specifications, and applicable Washington State Law.
19) Lots abutting Edelman Road (the right-of-way on the north side of
the plat)) shall not have direct access to said street. Access shall
be prohibited by means of deed restrictions or statements on the
face of the final plat(s).
20) Irrigation mainlines must be installed throughout the entire
proposed plat of a size sufficient to service each and every
currently proposed/future lot pursuant to PMC 26.04.116. The
developer must install a properly designed irrigation system with
stubs to all lots in the subdivision for future irrigation needs. All
easements/rights of way necessary to convey an irrigation system
to and through the proposed plat must be conveyed to the City of
Pasco. The irrigation lines shall run in easements/rights of way as
directed by the City Engineer.
21) All water lines must be extended through the length of each
proposed plat. All water lines will be required to be looped with the
existing City of Pasco water system. A deposit is required for the
removal of any temporary loops installed by the developer. The
9
deposit must include the cost of removing the temporary piping,
replacing damaged curb, gutter and sidewalk, and a curb to curb
replacement of all pavement for at least 10 feet on both sides of the
temporary line that was removed. The deposit will be refunded to
the developer when the work is completed by the developer and
accepted by the City. No water valves or meter boxes are to be
located in any easements or walkways.
22) Any and all utilities must be located as directed by the City
Engineer. This shall include but not be limited to gas, phone,
power; cable and all other utilities located within or adjoining this
preliminary plat. Any existing utilities that present difficulties shall
be relocated at the developer's expense, pursuant to the City
Engineer's direction. All utility plans, including the above
mentioned, are required to be submitted to the City of Pasco prior
to subdivision approval.
23) Street lighting must be installed as directed by the City Engineer.
Residential street lights are typically installed every 300 feet and
collector/arterial street lights are installed every 150 feet.
24) Prior to the City of Pasco accepting construction plans for review
for any phase of development the developer must enter into a
Storm Water Maintenance Agreement with the City. The developer
will be responsible to obtain the signatures of all parties required
on the agreement and to have the agreement recorded with the
Franklin County Auditor. The original signed and recorded copy of
the agreement must be presented to the City of Pasco at the first
intake meeting for construction plans for each phase of
development.
25) The developer will be required to conform to all conditions set forth
in the Storm Water Maintenance Agreement including, but not
limited to, regular cleaning and maintenance of all streets, gutters,
catch basins and catch basin protection systems. Cleaning shall
occur on a regular basis to ensure that no excess build up of sand,
trash, grass clippings, weeds or other debris occurs in any portion
of the streets, gutters, or storm water collection facilities. Cleaning
and upkeep of the streets, gutters, and storm water collection
facilities must be to the satisfaction of the City Engineer. The
developer will be responsible to operate and maintain the storm
drain system in accordance with the Storm Water Maintenance
Agreement for a period of up to 5 years from the date of final plat
approval for each phase or until the system is accepted by the City
of Pasco. The City of Pasco's acceptance of construction plans for
subsequent phases of the subdivision will be contingent on the
developer satisfying all requirements of the Storm Water
Maintenance Agreement.
10
26) The developer will be required to comply with the City of Pasco
Civil Plan Review process. A copy of the requirements for the civil
plan review process is available from the City of Pasco Engineering
Department.
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Planning Commission Minutes
10/16/08
C. Preliminary Plat Heritage Village Phase 5, 15-Lots (Fastrack,
INC.) (North end of Rd 90 1 (MF# PP 08-002
Chairman Samuel read the master file number opened the hearing and asked
for comments from staff.
Staff stated that a notice of the hearing was published in the newspaper and
mailed to surrounding property owners within 300 ft of the site. One phone call
was received from 8716 LaSalle Drive. The property owner expressed concern
with dust control during construction.
Staff reviewed the development activity that has occurred around the site in
question. It was pointed out the street configuration was dictated by sewer
needs. That is the reason La Salle connects to the south rather than to the west.
Staff reviewed the balance of the written report for the benefit of the Planning
Commission.
Commissioner Schouviller asked about the need for an estate type fence.
Staff stated that estate type fencing can be found along Sandifur Parkway and
other major streets where subdivisions are located. Fences have been designed
to match existing fences in each of the neighborhoods. The new standard for
estate fencing calls for block walls. In this case where all the fencing along Power
Line Road has been vinyl it may be more appropriate to finish the last section of
fencing with vinyl. Property owners are responsible for the maintenance of these
fences.
Chairman Samuel asked about lot sizes.
Staff stated that the minimum lots sizes were 8,500 square feet.
Chairman Samuel asked what the condition referencing the layout of knuckles
meant.
Staff commented that the condition referred to the reverse curve in the right-of-
way prior to the knuckles.
John Fetterhoff, 6115 Burden Blvd, stated he is in agreement with the
temporary sewer lines suggested by the City. The developer is ready to start the
development.
Chairman Samuel asked when construction would start.
Mr. Fetterhoff stated construction would start in the spring.
Chairman Samuel asked staff where the nearest park was located.
Staff stated that the park was located on Road 84.
Chairman Samuel asked about the location of power lines.
Staff stated that the development would be required to underground the power
lines; the power line (BPA Lines) on the north side would remain above ground.
Chairman Samuel inquired about any issues relating to water/sewer due to the
location near the city limit.
Staff stated there are none.
Mr. Fetterhoff asked for further clarification about the knuckles.
Staff explained that the knuckles were not the problem but, the reverse curve
prior to the knuckles would need to be eliminated.
Commissioner Kempf moved, seconded by Commissioner Schouviller, to close
the hearing on the proposed plat and initiate deliberations and schedule
adoption of Findings of Fact, Conclusions and a Recommendation to the City
Council for the November 20, 2008 meeting. The motion passed unanimously.
PLANNING COMMISSION MINUTES
11/20/08
C. Preliminary Plat Heritage Village Phase 5, 15-Lots (Fastrack,
INC. (North end of Road 901 (MF# PP 08-0021
Chairman Samuel read the Master File number and explained that the proposed
Water Treatment Plant was the subject of a public hearing last month.
Chairman Samuel asked for discussion and or comments from staff.
Staff had no additional comments.
Chairman Samuel questioned the Plat approval condition #7 and wanted
clarification of what type of fence would be allowed.
Staff stated fences are vinyl in this neighborhood and would be consistent to
compliment the neighborhood.
Chairman Samuel questioned the Plat approval condition #9 and questioned the
actual dollar amount for the deposit and how that dollar amount is determined.
Staff stated the dollar amount is determined by the Engineering department.
Commissioner Rose moved, seconded by Commissioner Anderson, that the
Planning Commission adopt the Findings of Fact and conclusions as contained
in the November 20, 2008 staff report.
Commissioner Rose further moved, seconded by Commissioner Hay, based on
the Findings of Fact as adopted, the Planning Commission recommend the City
Council approve the Preliminary Plat for Heritage Village Phase 5 with
conditions as listed in the staff report of November 20, 2008 staff report. The
motion was unanimously approved.
Staff noted this item would go to the City Council at their first regular meeting in
December. Staff briefly explained the appeal process.
AGENDA REPORT NO. 83
FOR: City Council November 21, 2008
TO: Gary Crutchfi Manager Regular Mtg.: 12/01/08
Rick White, Di c FIV4
Community & conomic Development
FROM: David I. McDonald, City Planner
SUBJECT: PRELIMINARY PLAT: Three Rivers Crossing Division 11 259 lots north of
Three Rivers Drive and west of Road 60 (Hayden Enterprises) (MF# PP08-OOD
I. REFERENCE(S):
1. Proposed Resolution
2. Preliminary Plat (Council Packets only)
3. Report to the Planning Commission
4. Planning Commission Minutes: Dated 10/16/08 & 11/20/08
Note: Preliminary Plat is available in the Planning Office, the Pasco Library, or on
the City's web page at wwwpasco-wa.gov for public review.
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
12141: MOTION: I move to approve Resolution No. , approving the
preliminary plat for Three Rivers Crossing Division Il.
III.FISCAL IMPACT:
A. NONE
IV.HISTORY AND FACTS BRIEF:
A. On October 16, 2008, the Planning Commission conducted a public hearing to develop a
recommendation for the City Council on the preliminary plat for Three Rivers Crossing
Division II. Three Rivers Crossing Division II is a proposed 259-lot subdivision located
north of Three Rivers Drive and west of Road 60.
B. Following the conduct of a public hearing, the Planning Commission determined that
with conditions related to sewer service and other infrastructure needs, the preliminary
plat could be recommended for approval. The recommended conditions are contained in
the attached resolution.
C. No written appeal of the Planning Commission's recommendation has been received.
8(b)
RESOLUTION NO.
A RESOLUTION approving a planned density development preliminary plat for Three
Rivers Crossing Division II.
WHEREAS, RCW 58.17 enables the City to uniformly administer the process of
subdividing property for the overall welfare of the community; and,
WHEREAS, owners and developers of property situated in southwest quarter of
Section 10, Township 9 North, Range 29 East, W.M. have requested approval of a preliminary
plat; and,
WHEREAS, the Planning Commission has reviewed said preliminary plat which is
named Three Rivers Crossing Division II; and
WHEREAS, following a public hearing, the Planning Commission found the
proposed plat promoted the general welfare of the community and recommended said
preliminary plat be approved with conditions; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the preliminary plat for Three Rivers Crossing Division II located in the North half of
Section 10, Township 9 North, Range 29 East, W.M., is hereby approved with the following
conditions:
1) At the time lots are developed, all abutting roads and utilities shall be developed to
City standards as approved by the City Engineer. This includes, but is not limited to,
water, irrigation and sewer lines, streets, street lights, and storm water retention.
Sidewalks must be installed no later than the time each lot is developed with a house.
The handicapped accessible pedestrian ramps must be completed with the street and
curb improvements prior to final plat approval. All existing and proposed utilities
must be installed underground by the developer at the developer's expense.
2) All intersections will require setback lines for appropriate sight distances. No fences,
utility vaults or pedestals, or other obstructions will be allowed in this area.
3) The developer/builder shall pay the City a "traffic mitigation fee" per the Municipal
Code.
4) The developer shall install a common Estate type fence/wall 6 feet in height along the
rear line of all lots abutting Road 60, Power Line Road and Convention Drive. Said
wall must match the existing block wall in Phase 5 of Three Rivers Crossing. The
City may make repairs or replace the fencing as needed. Property owners adjoining
said fence/wall shall be responsible for payment of all costs associated with
maintenance and upkeep of the fencing/wall, These fencing/wall requirements shall
be noted clearly on the face of the final plat(s),
5) The developer shall be responsible for all costs associated with construction
inspection and plan review service expenses incurred by the City of Pasco
Engineering Department.
6) The developer will be required to provide a deposit to the City of Pasco to allow the
City of Pasco to hire a surveying company to perform topographic surveys of the
constructed utilities including manhole lids and flow line elevations, location of sewer
stubs, water valves, water meters, irrigation valves, irrigation services, storm water
catch basins, street lights, fire hydrants, monuments and other pertinent information
deemed necessary, to the satisfaction of the City of Pasco. The developers will be
required to provide as-built drawings for the remainder of the improvements. The
City of Pasco contracted surveyor will be given an electronic copy of the design
drawings to then insert their findings from the topographic survey.
7) The developer shall ensure active and ongoing dust and litter abatement activities
occur during the construction of the subdivision and construction of the houses
thereon.
8) The final plat shall contain 10 to 15 foot utility easements parallel to all streets as
required by utility providers.
9) All engineering designs for infrastructure and final plat drawings shall utilize the
published City of Pasco Vertical Control Datum. Said datum shall be identified on
the drawings for each submittal.
10) The final plat shall contain the following Franklin County Public Utility District
statement: "The individual or company making improvements on a lot or lots of this
plat is responsible for providing and installing all trench, conduit, primary vaults,
secondary junction boxes, and backfill for the PUD's primary and secondary
distribution system in accordance with PUD specifications; said individual or
company will make full advance payment of line extension fees and will provide all
necessary utility easements prior to PUD construction and/or connection of any
electrical service to or within the plat."
11) All corner lots and other lots that present difficulties for the placement of yard fencing
shall be identified by lot number in the notes on the face of the final plat(s).
12) All storm water must be disposed of through means approved by the City of Pasco.
All methods utilized to capture and dispose of storm water must be in accordance
with current City Codes and Standard Specifications, and applicable Washington
State Law.
13) The developer shall be responsible for installing landscaping in the unimproved right-
of-way on Road 60, Convention Drive, and Power Line Road. This landscaping will
consist of lawn and Spring Snow Crab apple trees or approved equal. The trees shall
be spaced at 50-foot intervals. No trees will be planted within 25 feet of a street light.
The landscaping must include an irrigation system. All landscape plans shall be
reviewed and approved by the Engineering and Community and Administrative
Services Departments prior to installation.
14) Lots abutting Road 60, Convention Drive and Power Line Road shall not have direct
access to those streets. Access shall be prohibited by means of deed restrictions or
statements on the face of the final plat(s).
15) The developer/builder shall pay the City a "common area maintenance fee" of$375
per lot upon issuance of building permits for homes. These funds shall be placed in a
fund and used to for the maintenance of the landscaping along Convention Drive,
Power Line Road and Road 60. The City shall accept maintenance responsibility for
the landscaping abutting said streets at such time as all maintenance fees for all lots in
each division abutting said streets have been paid.
16) Irrigation mainlines must be installed throughout the entire proposed plat of a size
sufficient to service each and every currently proposed/future lot pursuant to PMC
26.04.116. Additional mainlines, as directed by the City Engineer may be required to
be installed. The developer must install a properly designed irrigation system with
stubs to all lots in the subdivision for future irrigation needs. All easements/rights of
way necessary to convey an irrigation system to and through the proposed plat must
be conveyed to the City of Pasco. The irrigation lines shall run in easements/rights of
way as directed by the City Engineer. In addition to the subdivision improvements, a
16 inch irrigation mainline must be installed along with the street improvements for
Power Line Road, a 12 inch mainline must be installed in conjunction with the street
improvement for Convention Drive and a 10 inch mainline must be installed in
conjunction with the street improvements for Road 60.
17) The assignment of water rights associated with this land is a requirement for
subdivision approval. If no water rights are available to transfer to the City the
property owner/developer must pay a water right fee of$1,500 per acre in lieu thereof.
The Public Works Director may waive the fee if the developer mixes a soil additive in
the ground that provides 30% retention of irrigation water.
18) All streets are to be developed to City Standards and/or as directed by the City
Engineer. Street grades for all arterial and collector roads shall not exceed 6 percent.
Interior local access street grades shall not exceed 10 percent. All intersections will
require setback lines for appropriate sight distances. No fences, utility vaults or
pedestals, or other obstructions will be allowed in this area. Approaches to
intersecting interior streets shall not exceed 2 percent and any street intersecting an
arterial or collector street shall be zero (0) percent coming out of the toe of the
arterial/collector street slope. All temporary streets will be required to have a paved
turn around (2 inch pavement on 4 inches of rock base) at the end of the street to the
satisfaction of the City Engineer.
19) Convention Drive must be completed in conjunction with the first phase of
development. Convention Drive must have 40 feet of right of way dedicated on the
developer's property to accommodate a future right of way of 80 feet. Additional right
of way on adjoining property will be required to accommodate the 4 feet of paving
required to the west of the centerline of Convention Drive. The curve radius for the
right of way at the intersection of Convention drive with Power Line Road must be 55
feet. Convention Drive must be built to a 28 feet pavement width (24 feet on the
developers property and 4 feet west of the centerline of Convention Drive on the
adjoining property) to accommodate a future width of 48 feet. The pavement section
for Convention Drive must be a 4 inch asphalt layer placed on a 2 inch top course
rock with an 8 inch base course rock. The developer must construct curb, gutter and a
5 feet wide sidewalk along the east side of convention drive as part of the roadway
improvements. All required fire hydrants and street lighting must be installed by the
developer along the east side of Convention Drive. The developer must also install a
12 inch irrigation main line in Convention Drive in conjunction with the roadway
improvements. The location and material for the pipe will be as directed by the City
Engineer.
20) Power Line Road must be completed with each phase of development abutting said
street. Power Line Road must have 40 feet of right of way dedicated on the
developer's property to accommodate a future right of way of 80 feet. Additional right
of way on adjoining property will be required to accommodate the 4 feet of paving
required to the north of the future centerline of Power Line Road. (City Staff will
assist the developer in obtaining the additional right-of-way.) The curve radius for the
right of way at all intersections with Power Line Road must be 45 feet with the
exception of the intersections with Convention Drive and Road 60 which must be 55
feet. Power Line Road must be built to a 28 feet pavement width (24 feet on the
developers property and 4 feet north of the future centerline of Power Line Road on
the adjoining property. In the event the 4 feet of right-of-way can not be obtained the
road may be permitted to be shifted south 4 feet.) to accommodate a future pavement
width of 48 feet. The pavement section for Power Line Road must consist of a 4 inch
pavement layer place on a 2 inch top course with an 8 inch base course. The
developer must install curb, gutter and a 5 feet wide sidewalk along the south side of
Power Line Road as part of the roadway improvements. All required fire hydrants
and street lighting must be installed by the developer along the south side of Power
Line Road. The developer must also install a 16 inch irrigation main line in Power
Line Road as part of the roadway improvements. The location and material for the
pipe will be as directed by the City Engineer.
21) Road 60 must be completed with each phase of development abutting said street.
Road 60 must have a 40 feet right of way dedicated on the developer's property to
accommodate a future right of way of 80 feet. Additional right of way on adjoining
property will be required to accommodate the 4 feet of paving required to the east of
the future centerline of Road 60. The curve radius for the right of way for all streets
intersecting Road 60 must be 35 feet, except the intersection with Power Line Road
which must be 55 feet. The pavement width must be 28 feet (24 feet on the
developer's property and 4 feet east of the future centerline of Road 60 on the
adjoining property) for a total future pavement width of 48 feet. The paving section
must consist of a 4 inch asphalt layer placed on a 2 inch top course with an 8 inch
base course. The developer must install curb, gutter and a 5 feet wide sidewalk and
all appurtenant handicapped sections on the west side of Road 60 along with the street
improvements. All required fire hydrants and street lighting must be installed along
with the street improvements. The developer must also install a 10 inch irrigation
main line in Road 60 in conjunction with the roadway improvements. The location
and material for the pipe will be as directed by the City Engineer. At the time of
development of any phase abutting Road 60, if the Pasco School District has not
developed its property abutting said road, the developer will be responsible to extend
the above roadway improvements south to Sandifur Parkway, including the
intersection thereof. The City will work with the developer to establish a late comers
agreement for the street improvements in the event the School District has not
developed Road 60 at the time the developer completes any phase of the plat adjacent
Rd 60.
22) All water lines must be extended through the length of each proposed plat. All water
lines will be required to be looped with the existing City of Pasco water system. A
deposit is required for the removal of any temporary loops installed by the developer.
The deposit must include the cost of removing the temporary piping, replacing
damaged curb, gutter and sidewalk, and a curb to curb replacement of all pavement
for at least 10 feet on both sides of the temporary line that was removed. No water
valves or meter boxes are to be located in any easements or walkways.
23) Any existing irrigation pipe from the previous farming activities on the site,
regardless of size, type or location, must be removed at the owner/developers
expense. Existing pipe must be removed prior to the development of the phase in
which it is located and must be removed to the satisfaction of the City of Pasco.
24) Any and all utilities must be located as directed by the City Engineer. This shall
include but not be limited to gas, phone, power, cable and all other utilities located
within or adjoining this preliminary plat. Any existing utilities that present
difficulties shall be relocated at the developer's expense, pursuant to the City
Engineer's direction. All utility plans, including the above mentioned, are required to
be submitted to the City of Pasco prior to subdivision approval.
25) The final plat(s) must contain the following statement: "Irrigation service lines are
currently available to lots within this plat; however, water for the irrigation system
may not currently be available. The City of Pasco is constructing its irrigation
infrastructure on an ongoing basis. The use of the system will become available as
time and resources permit the expansion and connection of new systems to the
existing irrigation supply". This statement must appear on all pages of said final
plat(s).
26) Street lighting must be as directed by the City Engineer. Residential street lights are
typically installed every 300 feet and collector/arterial street lights are installed every
150 feet.
27) Prior to the City of Pasco accepting construction plans for review for any phase of
development the developer must enter into a Storm Water Maintenance Agreement
with the City. The developer will be responsible to obtain the signatures of all parties
required on the agreement and to have the agreement recorded with the Franklin
County Auditor. The original signed and recorded copy of the agreement must be
presented to the City of Pasco at the first intake meeting for construction plans for
each phase of development.
28) The developer will be required to conform to all conditions set forth in the Storm
Water Maintenance Agreement including, but not limited to, regular cleaning and
maintenance of all streets, gutters, catch basins and catch basin protection systems.
Cleaning shall occur on a regular basis to ensure that no excess build up of sand,
trash, grass clippings, weeds or other debris occurs in any portion of the streets,
gutters, or storm water collection facilities.. Cleaning and upkeep of the streets,
gutters, and storm water collection facilities must be to the satisfaction of the City
Engineer. The developer will be responsible to operate and maintain the storm drain
system in accordance with the Storm Water Maintenance Agreement for a period of
up to 5 years from the date of final plat approval for each phase or until the system is
accepted by the City of Pasco. The City of Pasco's acceptance of construction plans
for subsequent phases of the subdivision will be contingent on the developer
satisfying all requirements of the Storm Water Maintenance Agreement.
29) The developer will be required to comply with the City of Pasco Civil Plan Review
process. A copy of the requirements for the civil plan review process is available
from the City of Pasco Engineering Department.
Passed by the City Council of the City of Pasco this 1 st day of December, 2 00 8.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy, Leland B. Kerr, City Attorney
Deputy City Clerk
REPORT TO PLANNING COMMISSION
MASTER FILE NO: PP 08-003 APPLICANT: Hayden Enterprises
HEARING DATE: 10/ 16/08 2622 SW Glacier Pi.
ACTION DATE: 11/20/08 Suite 110
Bend, OR 99301
BACKGROUND
REQUEST: Preliminary Plat/Planned Density Development — Three Rivers
Crossing Division II (259-Lots)
1. PROPERTY DESCRIPTION:
Legal: The north half of Section 10, Township 9 North, Range 29 East
WM except those potions platted as Phases 4 & 5 Three Rivers Crossing
General Location: North of Three Rivers Drive between Rd 60 and
Convention Drive
Property Size: 85.59 Acres
Number of Lots Proposed: 259 single-family lots
Square Footage range of Lots: 6,999 sq. ft. to 16,411 sq. ft.
Average Lot Square Footage: 8,524 sq. ft.
2. ACCESS: The property has access from Robert Wayne Drive, Westport
Lane, and Ochoco Lane.
3. UTILITIES: All municipal utilities are available to the site
4. LAND USE AND ZONING: The site is zoned R-1 (Low-density
Residential) with restrictions requiring minimum lot size of 8,500 square
feet. Properties to the north in the county are zoned AP-20 (Agricultural
Production) Properties directly to the south in the City are zoned R-1.
The subdivisions to the west are zoned R-T (Residential Transition
Residential). The property to the east is zone R-S-1 (Suburban
Residential). Land use of the surrounding properties is as follows:
NORTH- Farm circle
SOUTH- Developed with the Three Rivers Crossing Phases 1-5
EAST- Farm circle
WEST- Farm circle
S. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is
intended for low density residential development. According to the
1
Comprehensive Plan low density residential means 2 to 5 dwelling units
per acre. The criteria for allocation under the future land use section of
Volume II of the Comprehensive Plan (Vol. II, page 17) encourages
development of lands designated for residential uses when or where;
sewer is available, land is suitable for home sites, and when there is a
market demand. Policy H-1-E encourages the advancement of home
ownership and Goal H-2 suggests the City strive to maintain a variety of
housing options for residents of the community. Goal LU-2 encourages
the maintenance of established neighborhoods and the creation of new
neighborhoods that are safe and enjoyable places to live.
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.
ANALYSIS
Following the City's land use plans for the last 25-30 years the property in
question was rezoned and granted preliminary plat approval for single-family
development in 2002. In the last five years the developer has complete
construction on the south half of the development. While some of the
engineering work has been completed for the north half of the development
construction has not been completed.
The applicant has applied for a preliminary plat approval along with a Planned
Density Development designation. The original preliminary plat for the
property was approved with a planned density designation. The purpose of the
Planned Density Development designation process is to provide a degree of
flexibility for the layout of subdivisions and to encourage variety in housing
developments. The regulations do not permit the average overall density to
exceed that of the underlying zone. In this case the underlying zoning would
permit 329 single-family lots. The application is seeking approval for 259 lots.
The average lot size will be 8,524 square feet.
The proposal is essentially a continuation of the previously approved
development.
LOT LAYOUT: The proposed plat contains 259 lots with an average lots size
meeting the R-1 zoning requirements imposed by the ordinance that rezoned
the property from R-T to R-1.
RIGHTS-OF-WAY: All lots have adequate frontage on streets that will be
dedicated.
UTILITIES: The developer will be responsible for extending the water lines,
sewer lines and other utilities into the plat. A utility easement will be needed
2
along the first 10-15 feet of all lots. The final location and width of the
easements will be determined during the engineering design phase. The front
yard setbacks for construction purposes are larger than the requested
easements; therefore the front yard easements will not encroach upon the
buildable portions of the lots.
The City Engineer will determine the specific placement of fire hydrants and
streetlights when 'construction plans are submitted. As a general rule, fire
hydrants are located at street intersections and at a maximum of 600-foot
intervals and streetlights are located at street intersections and at 300-foot
intervals on residential streets.
Sewer service will be required to come from the previously platted Three Rivers
Crossing Subdivision to the south.
STREET NAMES: The proposed street names match the names of streets in
Phases 1-5 of the Three Rivers Crossing development.
IRRIGATION: The Municipal Code requires the installation of irrigation lines
as a part of infrastructure improvements.
WATER RIGHTS: The assignment of water rights is a requirement for
subdivision approval. if no water rights are available to transfer to the City the
property owner/developer must pay a water right fee of $1,500 per acre in lieu
thereof. The Public Works Director may waive the fee if the developer mixes a
soil additive in the ground that provides 30% retention of irrigation water.
FINDINGS OF FACT
State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning
Commission to develop Findings of Fact as to how this proposed subdivision
will protect and enhance the health, safety and general welfare of the
community. The following is a listing of proposed "Findings of Fact":
Prevent Overcrowding: With an average lot size of 8,524 square feet the
proposed development will address the overcrowding concern by providing
manageable lots and usable open spaces. R-1 zoning requires a 20 foot front
yard set back and no more than 40 percent lot coverage providing for open
space on the lots.
Parks Opens Space/Schools: The applicant previously worked with the
School District to reserve a future site for an elementary school at the
northwest corner of Road 60 and Sandifur Parkway. The eight acre site is now
owned by the District. A 5.14 acre parcel adjacent the school property has
been reserved for a neighborhood park. Typically a subdivision must be
3
substantially completed before the City accepts and develops neighborhood
parks
Effective Land Use/Orderly Development: The plat is laid out to effectively
utilize the site consistent with surrounding residential development. The site is
within the Pasco Urban Growth Boundary and the development will occur on
land previously skipped over by past development. This development would be
considered an infill project.
Safe Travel & Walking Conditions: The plat provides connections to the
community by way of local access streets. Sidewalks are required to be
installed when homes are built.
Adequate Provision of Municipal Services: Municipal water and sewer lines
will be extended to the plat from nearby lines. All utility lines will be sized and
installed to meet the standard specification of the City.
Provision of Housing for State Residents: This preliminary plat will provide
259 lots for the construction of new dwellings for Pasco residents.
Adequate Air and Light: The lot sizes and maximum lot coverage limitations
will assure the adequate movement of air and light is available to each lot.
Proper Access & Travel: The access street in the plat will be paved and
developed to City standards to assure proper access is maintained to each lot.
Connections to the community will be provided by local streets. The
preliminary plat was submitted to the Transit Authority for review. No
comments were received from the Transit Authority.
Comprehensive Plan Policies & Maps: The Comprehensive plan designates
the site for low-density residential development. Policies of the plan encourage
the advancement of home ownership and suggest the City strive to maintain a
variety of housing of residents.
Other Findings: (list additional finds as appropriate)
• The property is zoned R-1 which is identical to the zoning of Three Rivers
Crossing Phases 1-5 to the south.
• Three Rivers Crossing Phases 1-5 are to the south.
Three Rivers Crossing Phases 1-5 contained a future elementary school
site which has since been deeded to the Pasco School District.
• The park site reserved with the original development plans for Three
Rivers Crossing is available is also shown as part of the preliminary plat.
• The Comprehensive Plan encourages the interconnection of
neighborhood streets.
4
• Streets in the proposed subdivision will connect to existing and proposed
neighborhood streets.
• The proposed plat will allow the interconnection and looping of utilities.
• The site is currently vacant.
• The site is within the Pasco UGA.
• The proposed plat was part of a plat that was previously approved by the
City.
• Each lot developed within the 1-182 corridor is required by code to pay a
traffic mitigation fee of $300.
• Comprehensive Plan Policy LU-3-C encourages development to expand in
a progressive and efficient manner.
• Comprehensive Plan Policy H-3-B encourages the advancement of
homeownership.
• Comprehensive Plan Policy H-2 suggests the city strive to maintain a
variety of housing options for residents of the community.
• Comprehensive Plan Policy H-1-B supports the protection and
enhancement of the established character of viable residential
neighborhoods.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of the proposed plat the Planning
Commission must develop findings of fact from which to draw its conclusion
(P.M.C. 26.24.070) there from as to whether or not:
(1) Adequate provisions are made for the public health, safety and general
welfare and for open spaces, drainage ways, streets, alleys, other public
ways, water supplies, sanitary wastes, parks, playgrounds, transit stops,
schools and school grounds, sidewalks for safe walking conditions for
students and other public needs;
The proposed plat will be required to develop under the standards of the
municipal code and standard specifications of the City Engineering
Department. These standards were designed to ensure the public health,
safety and general welfare of the community are secured. These
standards include provisions for streets, drainage, water and sewer
service and funding for park lands. This preliminary plat has been
forwarded to the Franklin County PUD, the Pasco School District and Ben-
Franklin Transit Authority for review and comment. The developer
previously sold an eight acre school site to the School District at the corner
of Sandifur Parkway and Road 60
(2) The proposed subdivision contributes to the orderly development and land
use patterns in the area;
5
The proposed plat is a continuation of an existing and previously approved
residential subdivision (Three Rivers Crossing).
(3) The proposed subdivision conforms to the policies, maps and narrative text
of the Comprehensive Plan;
The Comprehensive Plan land use map designates the site for low density
residential development. Low density development is described as 2 to S
single-family units per acre in the Comprehensive Plan. The policies of the
plan encourage the advancement of home ownership (H-3-B). Plan Goal H-
2 suggests the City strive to maintain a variety of housing options for
residents of the community while Plan Policy H-I-B supports the protection
and enhancement of the established character of viable residential
neighborhoods.
(4) The proposed subdivision conforms to the general purposes of any
applicable policies or plans which have been adopted by the City Council;
Development plans and policies have been adopted by the City Council in
the form of the Comprehensive Plan. The proposed subdivision conforms to
the policies, maps, and narrative text of the Plan as noted in number three
above.
(5) The proposed subdivision conforms to the general purposes of the
subdivision regulations.
The general purposes of the subdivision regulations have been
enumerated and discussed in the staff analysis and findings of fact. The
findings of fact indicate the subdivision is in conformance with the general
purposes of the subdivision regulations.
(6) The public use and interest will be served by approval of the proposed
subdivision.
The proposed plat, if approved, will be developed in accordance with all
City standards designed to insure the health, safety and welfare of the
community are met. The Comprehensive Plan will be implemented through
development of this plat. These factors will ensure the public use and
interest is served.
6
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact
numbers and the conclusions as contained in the staff report of
November 20, 2008.
MOTION for Recommendation: I move based on the findings of fact
and conclusions there from the Planning Commission recommend the
City Council approve the Preliminary Plat for Three Rivers Crossing
Division I1 with conditions as listed in the staff report of November 20,
2008.
PLAT APPROVAL CONDITIONS
1) At the time lots are developed, all abutting roads and utilities shall be
developed to City standards as approved by the City Engineer. This
includes; but is not limited to, water, irrigation and sewer lines,
streets, street lights, and storm water retention. Sidewalks must be
installed no later than the time each lot is developed with a house.
The handicapped accessible pedestrian ramps must be completed
with the street and curb improvements prior to final plat approval. All
existing and proposed utilities must be installed underground by the
developer at the developer's expense.
2) All intersections will require setback lines for appropriate sight
distances. No fences, utility vaults or pedestals, or other obstructions
will be allowed in this area.
3) The developer/builder shall pay the City a "traffic mitigation fee" per
the Municipal Code.
4) The developer shall install a common Estate type fence/wall 6 feet in
height along the rear line of all lots abutting Road 60, Power Line
Road and Convention Drive. Said wall must match the existing block
wall in Phase 5 of Three Rivers Crossing. The City may make repairs
or replace the fencing as needed. Property owners adjoining said
fence/wall shall be responsible for payment of all costs associated
with maintenance and upkeep of the fencing/wall. These fencing/wall
requirements shall be noted clearly on the face of the final plat(s).
5) The developer shall be responsible for all costs associated with
construction inspection and plan review service expenses incurred by
the City of Pasco Engineering Department.
6) The developer will be required to provide a deposit to the City of Pasco
to allow the City of Pasco to hire a surveying company to perform
7
topographic surveys of the constructed utilities including manhole
lids and flow line elevations, location of sewer stubs, water valves,
water meters, irrigation valves, irrigation services, storm water catch
basins, street lights, fire hydrants, monuments and other pertinent
information deemed necessary, to the satisfaction of the City of Pasco.
The developers will be required to provide as-built drawings for the
remainder of the improvements. The City of Pasco contracted
surveyor will be given an electronic copy of the design drawings to
then insert their findings from the topographic survey.
7) The developer shall ensure active and ongoing dust and litter
abatement activities occur during the construction of the subdivision
and construction of the houses thereon.
8) The final plat shall contain 10 to 15 foot utility easements parallel to
all streets as required by utility providers.
9) All engineering designs for infrastructure and final plat drawings shall
utilize the published City of Pasco Vertical Control Datum. Said
datum shall be identified on the drawings for each submittal.
10) The final plat shall contain the following Franklin County Public
Utility District statement: "The individual or company making
improvements on a lot or lots of this plat is responsible for providing
and installing all trench, conduit, primary vaults, secondary junction
boxes, and backfill for the PUD's primary and secondary distribution
system in accordance with PUD specifications; said individual or
company will make full advance payment of line extension fees and
will provide all necessary utility easements prior to PUD construction
and/or connection of any electrical service to or within the plat."
11) All corner lots and other lots that present difficulties for the
placement of yard fencing shall be identified by lot number in the
notes on the face of the final plat(s).
12) All storm water must be disposed of through means approved by the
City of Pasco. All methods utilized to capture and dispose of storm
water must be in accordance with current City Codes and Standard
Specifications, and applicable Washington State Law.
13) The developer shall be responsible for installing landscaping in the
unimproved right-of-way on Road 60, Convention Drive, and Power
Line Road. This landscaping will consist of lawn and Spring Snow
Crab apple trees or approved equal. The trees shall be spaced at 50-
foot intervals. No trees will be planted within 25 feet of a street light.
The landscaping must include an irrigation system. All landscape
plans shall be reviewed and approved by the Engineering and
Community and Administrative Services Departments prior to
installation.
8
14) Lots abutting Road 60, Road Convention Drive and Power Line Road
shall not have direct access to those streets. Access shall be
prohibited by means of deed restrictions or statements on the face of
the final plat(s).
15) The developer/builder shall pay the City a "common area
maintenance fee" of $375 per lot upon issuance of building permits
for homes. These funds shall be placed in a fund and used to for the
maintenance of the landscaping along Convention Drive, Power Line
Road and Road 60. The City shall accept maintenance responsibility
for the landscaping abutting said streets at such time as all
maintenance fees for all lots in each division abutting said streets
have been paid.
16) Irrigation mainlines must be installed throughout the entire proposed
plat of a size sufficient to service each and every currently
proposed/future lot pursuant to PMC 26.04.116. Additional
mainlines, as directed by the City Engineer may be required to be
installed. The developer must install a properly designed irrigation
system with stubs to all lots in the subdivision for future irrigation
needs. All casements/rights of way necessary to convey an irrigation
system to and through the proposed plat must be conveyed to the City
of Pasco. The irrigation lines shall run in easements/rights of way as
directed by the City Engineer. In addition to the subdivision
improvements, a 16 inch irrigation mainline must be installed along
with the street improvements for Power Line Road, a 12 inch mainline
must be installed in conjunction with the street improvement for
Convention Drive and a 10 inch mainline must be installed in
conjunction with the street improvements for Road 60.
17) The assignment of water rights associated with this land is a
requirement for subdivision approval. If no water rights are available
to transfer to the City the property owner/developer must pay a water
right fee of $1,500 per acre in lieu thereof. The Public Works Director
may waive the fee if the developer mixes a soil additive in the ground
that provides 30% retention of irrigation water.
18) All streets are to be developed to City Standards and/or as directed by
the City Engineer. Street grades for all arterial and collector roads
shall not exceed 6 percent. Interior local access street grades shall
not exceed 10 percent. All intersections will require setback lines for
appropriate sight distances. No fences, utility vaults or pedestals, or
other obstructions will be allowed in this area. Approaches to
intersecting interior streets shall not exceed 2 percent and any street
intersecting an arterial or collector street shall be zero (0) percent
coming out of the toe of the arterial/collector street slope. All
temporary streets will be required to have a paved turn around (2 inch
9
pavement on 4 inches of rock base) at the end of the street to the
satisfaction of the City Engineer.
19) Convention Drive must be completed in conjunction with the first
phase of development. Convention Drive must have 40 feet of right of
way dedicated on the developer's property to accommodate a future
right of way of 80 feet. Additional right of way on adjoining property
will be required to accommodate the 4 feet of paving required to the
west of the centerline of Convention Drive. The curve radius for the
right of way at the intersection of Convention drive with Power Line
Road must be 55 feet. Convention Drive must be built to a 28 feet
pavement width (24 feet on the developers property and 4 feet west of
the centerline of Convention Drive on the adjoining property) to
accommodate a future width of 48 feet. The pavement section for
Convention Drive must be a 4 inch asphalt layer placed on a 2 inch
top course rock with an 8 inch base course rock. The developer must
construct'curb, gutter and a 5 feet wide sidewalk along the east side
of convention drive as part of the roadway improvements. All required
fire hydrants and street lighting must be installed by the developer
along the east side of Convention Drive. The developer must also
install a 12 inch irrigation main line in Convention Drive in
conjunction with the roadway improvements. The location and
material for the pipe will be as directed by the City Engineer.
20) Power Line Road must be completed with each phase of development
abutting said street. Power Line Road must have 40 feet of right of
way dedicated on the developer's property to accommodate a future
right of way of 80 feet. Additional right of way on adjoining property
will be required to accommodate the 4 feet of paving required to the
north of the future centerline of Power Line Road. (City Staff will
assist the developer in obtaining the additional right-of-way.) The
curve radius for the right of way at all intersections with Power Line
Road must be 45 feet with the exception of the intersections with
Convention Drive and Road 60 which must be 55 feet. Power Line
Road must be built to a 28 feet pavement width (24 feet on the
developers property and 4 feet north of the future centerline of Power
Line Road on the adjoining property. In the event the 4 feet of right-of-
way can not be obtained the road may be permitted to be shifted
south 4 feet.) to accommodate a future pavement width of 48 feet.
The pavement section for Power Line Road must consist of a 4 inch
pavement layer place on a 2 inch top course with an 8 inch base
course. The developer must install curb, gutter and a 5 feet wide
sidewalk along the south side of Power Line Road as part of the
roadway improvements. All required fire hydrants and street lighting
must be installed by the developer along the south side of Power Line
Road. The developer must also install a 16 inch irrigation main line
in Power Line Road as part of the roadway improvements. The
10
location and material for the pipe will be as directed by the City
Engineer.
21) Road 60 must be completed with each phase of development abutting
said street. Road 60 must have a 40 feet right of way dedicated on
the developer's property to accommodate a future right of way of 80
feet. Additional right of way on adjoining property will be required to
accommodate the 4 feet of paving required to the east of the future
centerline of Road 60. The curve radius for the right of way for all
streets intersecting Road 60 must be 35 feet, except the intersection
with Power Line Road which must be 55 feet. The pavement width
must be 28 feet (24 feet on the developer's property and 4 feet east of
the future centerline of Road 60 on the adjoining property) for a total
future pavement width of 48 feet. The paving section must consist of
a 4 inch asphalt layer placed on a 2 inch top course with an 8 inch
base course. The developer must install curb, gutter and a 5 feet wide
sidewalk and all appurtenant handicapped sections on the west side
of Road 60 along with the street improvements. All required fire
hydrants and street lighting must be installed along with the street
improvements. The developer must also install a 1.0 inch irrigation
main line in Road 60 in conjunction with the roadway improvements.
The location and material for the pipe will be as directed by the City
Engineer. At the time of development of any phase abutting Road 60,
if the Pasco School District has not developed its property abutting
said road, the developer will be responsible to extend the above
roadway improvements south to Sandifur Parkway, including the
intersection thereof. The City will work with the developer to establish
a late comers agreement for the street improvements in the event the
School District has not developed Road 60 at the time the developer
completes any phase of the plat adjacent Rd 60.
22) All water lines must be extended through the length of each proposed
plat. All water lines will be required to be looped with the existing
City of Pasco water system. A deposit is required for the removal of
any temporary loops installed by the developer. The deposit must
include the cost of removing the temporary piping, replacing damaged
curb, gutter and. sidewalk, and a curb to curb replacement of all
pavement for at least 10 feet on both sides of the temporary line that
was removed. No water valves or meter boxes are to be located in any
easements or walkways.
23) Any existing irrigation pipe from the previous farming activities on the
site, regardless of size, type or location, must be removed at the
owner/developers expense. Existing pipe must be removed prior to
the development of the phase in which it is located and must be
removed to the satisfaction of the City of Pasco.
ri
24) Any and all utilities must be located as directed by the City Engineer.
This shall include but not be limited to gas, phone, power, cable and
all other utilities located within or adjoining this preliminary plat.
Any existing utilities that present difficulties shall be relocated at the
developer's expense, pursuant to the City Engineer's direction. All
utility plans, including the above mentioned, are required to be
submitted to the City of Pasco prior to subdivision approval.
25) The final plat(s) must contain the following statement: "Irrigation
service lines are currently available to lots within this plat; however,
water for the irrigation system may not currently be available. The
City of Pasco is constructing its irrigation infrastructure on an
ongoing basis. The use of the system will become available as time
and resources permit the expansion and connection of new systems to
the existing irrigation supply". This statement must appear on all
pages of said final plat(s).
26) Street lighting must be as directed by the City Engineer. Residential
street lights are typically installed every 300 feet and collector/arterial
street lights are installed every 150 feet.
27) Prior to the City of Pasco accepting construction plans for review for
any phase of development the developer must enter into a Storm
Water Maintenance Agreement with the City. The developer will be
responsible to obtain the signatures of all parties required on the
agreement and to have the agreement recorded with the Franklin
County Auditor. The original signed and recorded copy of the
agreement must be presented to the City of Pasco at the first intake
meeting for construction plans for each phase of development.
28) The developer will be required to conform to all conditions set forth in
the Storm Water Maintenance Agreement including, but not limited
to, regular cleaning and maintenance of all streets, gutters, catch
basins and catch basin protection systems. Cleaning shall occur on a
regular basis to ensure that no excess build up of sand, trash, grass
clippings, weeds or other debris occurs. in any portion of the streets,
gutters, or storm water collection facilities. Cleaning and upkeep of
the streets, gutters, and storm water collection facilities must be to
the satisfaction of the City Engineer. The developer will be
responsible to operate and maintain the storm drain system in
accordance with the Storm Water Maintenance Agreement for a period
of up to 5 years from the date of final plat approval for each phase or
until the system is accepted by the City of Pasco. The City of Pasco's
acceptance of construction plans for subsequent phases of the
subdivision will be contingent on the developer satisfying all
requirements of the Storm Water Maintenance Agreement.
12
29) The developer will be required to comply with the City of Pasco Civil
Plan Review process. A copy of the requirements for the civil plan
review process is available from the City of Pasco Engineering
Department.
13
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Planning Commission Minutes
10/16/08
D. Preliminary Plat Three Rivers Crossing, 266-Lots LHayden
Enter rises INC. North of Three Rivers
Dr/West of Rd 60) (MF# PP 08-0031
Chairman Samuel read the master file number, opened the hearing, and asked
for comments from staff.
Staff stated that a notice of the hearing was published in the newspaper and
mailed to surrounding property owners within 300 ft of the site. Staff explained
the proposed plat was part of the Three Rivers Plat that was originally approved
in , 2002. The initial resubmittal contained 266 lots but due to density
requirements the plat was revised to reflect 259 lots.
Staff reviewed the balance of the written report for the benefit of the Planning
Commission commenting on the various findings and the recommended
approval conditions.
Staff then reviewed some questions raised by developer related to the
recommended approval conditions as follows:
"Common area maintenance fee." Staff explained that this is not a new
condition but, has been a requirement of all new developments that have
planting strips along major streets. The fees will be placed in a fund and used
for the maintenance of the landscaping along Convention Drive, Power Line
Road and Road 60. The City will accept maintenance responsibility for the
landscaping abutting said streets when all maintenance fees for all lots in
each division abutting said streets have been paid.
"The assignment of water rights wells and pumps." The code requires the
assignment of water rights or the payment of fees where there are no water
rights. Typically associated irrigation wells, pumps and equipment are also
deeded to the City. In this case the developer does not own any wells or
pumps and can not deed them to the city. They are on other land and owned
by other parties. The Engineering Department had asked that the wells and
pumps be dedicated. Staff will look into the question.
"The construction of Power Line Road and Road 60." Arterial streets contain
80 ft of right-of-way. The south side of Power Line Road will need to be 40
feet. Initially 28 feet of pavement will be required to maintain a planting
strip and road improvements. Four feet of additional right-of-way will be
needed. Staff stated they would work with the developer to prepare a
latecomers agreement for Road 60 in the event the roads needs to be
completed before the School District builds the new elementary school.
Commissioner Little asked about frontage of lots and driveways.
Staff stated the plat was a planned-density-development which allows lots of
varying sizes. Westport Lane contains lots smaller than the 8,500 square feet.
Lots in the northeast corner of the plat are larger than 8,500 square feet. The
code limits driveways to 34 ft in width.
Commissioner Rose asked for clarification on lot size requirements.
Staff stated that the average lot size was 8,500 square feet, however lots vary in
size, some lots are, as large as 9,000 to 12,000 square feet.
Chairman Samuel asked for clarification on fencing requirements.
Staff stated that fencing on Sandifur was wooden and an architectural block
wall is being installed at Convention Drive with Phase 5. The balance of the
development will be a block wall.
Chairman Samuel asked where the power lines would be located.
Staff stated that the subdivision will have underground power.
Chairman Samuel asked about traffic impact issues.
Staff mentioned that the $300 traffic impact fee per home will used to address
future traffic needs.
Jason Maddox, HDJ Design Group stated the developer agrees with the approval
conditions prepared by the City Planner. The water rights have been assigned to
the City. There are two wells that serve the property but they are not owned by
the developer. Construction would begin in the summer of 2009.
Commissioner Samuel asked when the development would be completed.
Mr. Maddox stated in 5 years.
Chairman Samuel called for public comment.
Commissioner Little moved, seconded by Commissioner Kempf, to close the
hearing on the proposed plat and initiate deliberations and schedule adoption of
Findings of Fact, Conclusions and a Recommendation to the City Council for the
November 20, 2008 meeting. The motion passed unanimously.
PLANNING COMMISSION MINUTES
11/20/08
Preliminary Plat Three Rivers Crossing, 266-Lots (Hayden Enterprises!
INC.) (North of Three Rivers Drive/West of Road 60) (MF# PP 08-003)
Chairman Samuel read the Master File number and explained that the proposed
plat was the subject of a public hearing last month. Chairman Samuel asked for
discussion and or comments from staff.
Staff reviewed some minor clarifications in the recommended plat approval
conditions. Item #20 referencing the development of Power Line Road and Item
#28 referencing the Storm Water Maintenance Agreement were discussed.
Commissioner Little moved, seconded by Commissioner Cruz, that the Planning
Commission adopt the Findings of Fact and conclusions as contained in the
November 20, 2008 staff report.
Commissioner Little further moved, seconded by Commissioner Anderson, based
on the Findings of Fact as adopted, the Planning Commission recommend the
City Council approve the Preliminary Plat for Three Rivers Crossing Division II
with conditions as listed in the staff report of November 20, 2008 staff report.
The motion was unanimously approved.
Staff noted this item would go to the City Council at their first regular meeting in
December. Staff briefly explained the appeal process.
AGENDA REPORT
TO: City Council November 25, 2008
FROM: Gary Crutchfie anager Regular Mtg.: 12/1/08
SUBJECT: City Council 'stricts
I. REFERENCE(S):
1. Map, Preferred Five District Option
2. Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
12/1 MOTION: I move to adopt Ordinance No. , amending PMC Chapter 1.10
regarding voting districts and, further, authorize publication by
summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) PMC Chapter 1.10 provides that five of the seven City Council positions be filled by
citizens residing in the respective district. The Ordinance was established in 1971 in
an effort to assure geographic representation and, in particular, to assure an opportunity
for ethnic representation on the City Council. As a precaution (to assure "equal
representation", as required under the constitution), the Ordinance further requires that
no district may be more than 10% greater or smaller than another district ("10%rule").
B) The City Council has discussed this subject at its September 8 and 22 workshop
meetings as well as October 10 and 27, including review of three options for a five-
district system and three options for a three-district system. Council conducted a
public hearing on November 17 to receive comment regarding the preferred five-
district option.
V. DISCUSSION:
A) The proposed Council district map (Reference 1) results in compliance with the 10%
rule (it would reflect a maximum 10% variance between districts) and would not
remove a sitting Councilmember from the respective district. It does so with the least
amount of change (Precinct 45 moves from District 4 to District 3 and Precinct 52
moves from District 3 to District 5).
B) Sections 1 through 6 of the proposed ordinance simply recite which precincts are
included in each district. Only districts 3, 4 and 5 are affected by the changes reflected
in the proposed Council district map.
C) Section 7 of the proposed ordinance adds the reference to RCW 29A.76.010, which
requires adjustment of the Council districts following the decennial federal census.
This change is recommended to assure fixture compliance with state law.
D) Section 8 effectively deletes a provision of the original ordinance that created Council
districts in 1971, relating to precincts. As precinct boundaries are now determined by
the county, per state law, the city cannot alter precinct boundaries, as contemplated in
this old provision. Thus, the provision is no longer effective, conflicts with state law
and should be deleted.
8(c)
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ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, Amending
Sections 1.10.020 through 1.10.060, 1.10.090 and 1.10.130 of the Pasco
Municipal Code defining voting districts.
WHEREAS, state law requires that each voting district shall be as nearly equal in
population as possible to each and every other district within the City; and further by Ordinance,
the City Council is required to re-establish district boundaries whenever the population of any
district exceeds by ten percent or more the population of any other district; provided that no
change to the boundaries of any district shall be made within sixty days prior to the date of a
general municipal election, nor within twelve months after the districts have been established or
altered; provided further that any change must occur at least three months prior to a general
municipal election; and
WHEREAS, the City has experienced an increase in and redistribution of population
since the voting districts were last established, having occurred more than twelve months prior;
and
WHEREAS, the City Council, over the course of several public workshop meetings,
analyzed as many as six possible revisions to district boundaries and selected a preferred option;
and,
WHEREAS, a public hearing, after due notice, was held by the City Council on
November 17, 2008 to receive and consider public comment on the option preferred by Council;
and
WHEREAS, the City Council, after due and deliberate consideration, has determined the
preferred plan, pursuant to RCW 29.70.100, for amending said voting districts, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Ordinance No. 3832 shall be and is hereby repealed in its entirety and
the Pasco City Council Districts shall hereafter be described as stated below.
Section 2. That Section 1.10.020 entitled "District One" of the Pasco Municipal Code,
shall be and hereby is amended and shall read as follows:
1.10.020 DISTRICT ONE. Voting district one shall encompass the area within the City
of Pasco comprised of precinct numbers one, two, six, and fifty, as those precincts are described
on the maps and property descriptions on file with the Auditor of Franklin County.
Section 3. That Section 1.10.030 entitled "District Two" of the Pasco Municipal Code,
shall be and hereby is amended and shall read as follows:
1.10.030 DISTRICT TWO. Voting district two shall encompass the area within the City
of Pasco comprised of precinct numbers three, nine, twelve, thirteen, fifteen, sixteen, seventeen,
eighteen, nineteen, twenty, twenty-one, twenty-four, and twenty-five as those precincts are
described on the maps and property descriptions on file with the Auditor of Franklin County.
Section 4. That Section 1.10.040 entitled "District Three" of the Pasco Municipal Code,
shall be and hereby is amended and shall read as follows:
1.10.040 DISTRICT THREE. Voting district three shall encompass the area within the
City of Pasco comprised of precinct numbers four, five, seven, eight, ten, eleven, forty-four,
forty-five, forty-seven, forty-eight and forty-nine and fifty twe, as those precincts are described
on the maps and property descriptions on file with the Auditor of Franklin County.
Section 5. That Section 1.10.050 entitled "District Four" of the Pasco Municipal Code,
shall be and hereby is amended and shall read as follows:
1.10.050 DISTRICT FOUR. Voting district four shall encompass the area within the
City of Pasco comprised of precinct numbers thirty-four, thirty-five, thirty-six, thirty-eight,
thirty-nine, forty, forty-one, forty-two, forty-three;fie and forty-six, as those precincts are
described on the maps and property descriptions on file with the Auditor of Franklin County.
Section 6. That Section 1.10.060 entitled "District Five" of the Pasco Municipal Code,
shall be and hereby is amended and shall read as follows:
1.10.060 DISTRICT FIVE. Voting district five shall encompass the area within the City
of Pasco comprised of precinct numbers fourteen, twenty-two, twenty-three, twenty-six, twenty-
seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three; and thirty-seven and
fifty-two, as those precincts are described on the maps and property descriptions on file with the
Auditor of Franklin County.
Section 7. That Section 1.10.090 entitled "Re-Establishment of District Boundaries" of
the Pasco Municipal Code, shall be and hereby is amended and shall read as follows:
1.10.090 RE-ESTABLISHMENT OF DISTRICT BOUNDARIES. In addition to
decennial census adjustments required by RCW 29A.76.010, the Council shall re-establish
district boundaries whenever the population in any district exceeds by ten percent or more the
population in any other district; provided, that no change in the boundaries of any district shall
be made within sixty days next before the date of a general municipal election, nor within twelve
months after the districts have been established or altered. (Ord. 3476 Sec. 6, 2001; Ord. 1472
Sec. 9, 1971.)
Pasco City Council Districts
Page 2
Section 8. That Section 1.10.130 entitled "Voting Precincts" of the Pasco Municipal
Code, shall be and hereby is repealed:
l 10 1 20 VOTING PRECINCTS. Voting pr-eeine4s ,;thin the five this-iets shall-be
Commissiener-s, Franklin f
ene distr-iet. (Or-d. 472Se .)
Section 9. This Ordinance shall take full force and effect five days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of , 2008.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
Pasco City Council Districts
Page 3
AGENDA REPORT
TO: City Council November 25, 2008
FROM: Gary Crutch i Manager Regular Mtg.: 12/1/08
SUBJECT: City Counci+Cmpensation
I. REFERENCE(S):
1. Proposed Ordinance
IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
12/1 MOTION: I move to adopt Ordinance No. , amending Section 2.16.010
relating to Councilmember salaries and, further, authorize
publication by summary only.
III. FISCAL IMPACT:
Nominal
IV. HISTORY AND FACTS BRIEF:
A) City Council compensation (monthly stipend) is fixed by city ordinance. Council
compensation was last adjusted in 2004 under the terms of Ordinance No. 3683.
B) Any change in Council compensation must be accomplished by adoption of an
ordinance by a majority vote of the full City Council (at least four votes) and cannot
change the compensation realized by a Councilmember during a current term. That
is, the first effective change in compensation of Councilmembers would occur in
January 2010, being the commencement of new terms for four of the seven council
positions (the other three Council positions would not realize the new compensation
until January 2012).
V. DISCUSSION:
A) Inflation (CPI) over the past four years has totaled about 12%, suggesting an
increase of at least $100/month to restore purchasing power.
B) The attached Ordinance reflects the $1,300 Mayor salary and $1,000
Councilmember salary as directed by Council at the 11/24 workshop meeting.
8(d)
ORDINANCE NO.
AN ORDINANCE amending Section 2.16.010 relating to Councilmember salaries.
WHEREAS, the City Council has determined that the compensation for the Mayor and
other City Councilmembers should be adjusted to partially offset the effect of inflation since the
last adjustment under Ordinance No. 3683 in 2004, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES
ORDAIN AS FOLLOWS:
Section 1. That Section 2.16.010, entitled "Compensation of Mayor and of
Councilmembers" of the Pasco Municipal Code, shall be and hereby is amended to read as
follows:
2.16.010 COMPENSATION OF MAYOR AND OF COUNCILMEMBERS.
A) The Councilmember elected by the City Council to serve as Mayor of the City
shall receive a salary of$ 90.09 1,300 per month, which amount shall include the salary paid
as a City Councilmember.
B) Each Councilmember shall receive a salary of$900.99 1,000 per month. (Ord.
3529 Sec. 1, 2002; Ord. 3232 Sec. 1, 1997; Ord. 2931 Sec. 1, 1993; Ord. 2762 Sec. 1, 1989; Ord.
2094 Sec. 1, 1979; Ord. 3683 Sec. 1, 2004.)
C) The compensation levels set forth hereinabove shall be effective on and after
January 1, 2-096 2010 as to the Mayor position and Councilmember positions no. 2, 3, 4 and 7.
Such compensation level shall be effective on and after January 1, 2098 2012 as to
Councilmember positions no. 1, 5 and 6.
Section 2. This ordinance shall take full force and effect five days after its approval,
passage and publication as required by law.
Passed by the City Council of the City of Pasco this 1st day of December, 2008.
Joyce Olson, Mayor
ATTEST: APPROVE AS TO FORM:
Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, Attorney
AGENDA REPORT
FOR: City Council November 25, 2008
TO: Gary Crutchfi �6*lanager Regular Mtg.: 12/1/08
FROM: Lynne Jackson, Human Resources Manager
SUBJECT: 2009 COLA for Non-Represented Employees
I. REFERENCE(S):
1. Proposed Ordinance,Non-Represented,Non-Management Wage Plan
2. Proposed Ordinance,Management Salary Plan
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
1211: MOTION: I move to adopt Ordinance No. , providing a cost-of-living
adjustment in the non-represented, non-management wage plan for year
2009 and, further, authorize publication by summary only.
MOTION: I move to adopt Ordinance No. , providing a cost-of-living
adjustment in the management salary plan for year 2009 and, further,
authorize publication by summary only.
III. FISCAL IMPACT:
Estimated fiscal impact of 3% cost of living adjustment:
• Non-management: $134,000
• Management: $74,000
IV. HISTORY AND FACTS BRIEF:
A) The purpose of the Cost of Living Adjustment (COLA) is to assure maintenance
of the purchasing power of the respective wage or salary plans. To do so, the City
typically uses the Consumer Price Index (CPI) published for smaller western
cities. That index is usually referenced in the bargaining unit contracts as well.
B) The CPI-U, B/C western cities, October 2007-October 2008 is 3%.
V. DISCUSSION:
A) It has been the practice of the city to adjust the non-represented and management
pay scales using 90%of the October B/C western cities CPI-U; that suggests 2.7%
for 2009. However, the Fire Union contract reflects 100% CPI (3%) and current
negotiations with non-uniformed police personnel is at 3%. As non-represented
employees received less than 90% of CPI last year, it is recommended Council
consider granting 100% of CPI for 2009 (3%).
B) A review of comparative cities' wages for non-represented and management staff
has been initiated but cannot be completed in time for December consideration. A
report on recommended changes will be presented in early 2009
(January/February).
8(e)
ORDINANCE NO.
AN ORDINANCE concerning wages for certain Non-Management, Non-
Represented personnel for the calendar year 2009.
WHEREAS, the City Council finds that the cost-of-living adjustment to the non-
management/non-represented scale of 3% is appropriate in consideration of the Department of Labor's
Consumer Price Index through October 2008 as well as the adjustments already committed to other
employee groups;NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. The wage scale for those non-management positions specified in the attached
Exhibit "A" which Exhibit is incorporated by reference as if fully set forth herein. The City Manager
shall designate the appropriate hourly wage step in Exhibit "A" for each employee covered by this
Ordinance, considering their time in the position for which they are employed, their current hourly
wage, and the evaluation of their performance. Any non-represented employee whose actual wage or
salary on December 31, 2008 exceeds the maximum for the respective grade assigned herein, shall
continue to receive said actual wage or salary during calendar year 2009.
Section 2. The step increases set forth in Exhibit "A" are dependent upon a satisfactory
performance evaluation. If the performance evaluation of an employee demonstrates superior
performance and upon recommendation of the Department Director, the City Manager has the
discretion to advance an employee an additional pay step over that step otherwise obtainable by a
satisfactory performance evaluation.
Section 3. The wage scale set forth in Exhibit "A" shall be effective January 1, 2009 and
remain in effect until this Ordinance is amended or superseded by subsequent Ordinance.
Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision
of a prior Ordinance.
Section 5. This Ordinance shall take effect five (5) days after passage and publication
according to law.
PASSED by the City Council of the City of Pasco at a regular meeting this 1St day of December,
2008.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
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ORDINANCE NO.
AN ORDINANCE concerning the salaries for Management positions for the calendar year 2009.
WHEREAS, the City Manager has recommended the salary scale for management positions be
modified to include a cost-of-living adjustment for calendar year 2009; and,
WHEREAS, the City Council finds that the cost-of-living adjustment of 3% is appropriate in
consideration of the Department of Labor's Consumer Price Index through October 2008 as well as the
adjustments already committed to other employee groups;NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. The maximum monthly salaries for management positions shall be as set forth in Exhibit
"A" attached hereto, which Exhibit is incorporated by reference as if fully set forth herein. The schedule of
maximum salaries set forth in Exhibit "A" shall be effective January 1, 2009 and shall remain effective until
this Ordinance is amended or superseded by subsequent Ordinance. The actual salary to be received by an
employee occupying a management position shall be determined by the City Manager in an amount no greater
than the maximum for the position except as authorized herein.
Section 2. A merit increase may be granted to a city employee employed in one of the management
level positions set forth in Exhibit "A", at the sole discretion of the City Manager and within the following
guidelines; provided, however,the total of all merit increases for the year 2009 does not exceed$45,000.
(a) Any merit increase shall be based solely upon job performance demonstrating effort and
achievement above and beyond that regularly expected of the position.
(b) Any merit increase awarded shall be for a temporary period of time to be determined by the City
Manager, provided any such merit increase shall expire not later than December 31, 2009.
Section 3. For payroll purposes only, the monthly salaries as set forth in Exhibit "A" may be
multiplied by twelve (12) and divided by two thousand eighty (2,080) (number of hours in work year) to
determine an hourly rate of pay and paychecks may be computed and paid on this hourly basis; however, all
positions listed on Exhibit "A"shall remain salaried positions.
Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a
prior Ordinance.
Section 5. This Ordinance shall take effect five (5) days after passage and publication according to
law.
PASSED by the City Council of the City of Pasco at a regular meeting this 1 st day of December 2008.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
Exhibit "A"
2009 Maximum
Position Salary
City Manager 12149
Public Works Dir. 9,672
Admin/CS Director 9,083
Police Chief 9,083
Fire Chief 8,610
Comm/EcoDev. Dir 8,610
Finance Manager 8,020
City Engineer 8,020
Municipal Ct Jude 8,011
IS Manager 7,785
Police Ca tain 7,785
HR Manager 7,432
Field Div. Mgr. 7,432
Asst. Fire Chief 7,432
Manager, WW 6,841
Ins ec. Serv. Mgr 6,487
Rec Services Mgr 6,487
Facilities Mgr. 6,134
Court Admin 6,134
Asst Field Mgr 5,662
Cust Sery/Billie 5,411
AGENDA REPORT
FOR: City Council November 19, 2008
TO: Gary Crutchfi Manager
FROM: Stan Strebel, A ministrative ommunity Workshop Mtg.: 11/24/08
Services Director `~ U Regular Mtg.: 12/1/08
SUBJECT: Library Remodel and Temporary Closure
I. REFERENCE(S):
1. Proposed Agreement (revised)
2. Letter from Library Executive Director(10/23108)
3. Closure Schedule (revised)
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
12/1: Motion: I move to approve the First Addendum to the Library Services
Contract with the Mid-Columbia Library District for remodeling at the Pasco
Library and further, authorize the City Manager to sign the document.
III. FISCAL IMPACT:
$105,000 (2008 budget)
IV. HISTORY AND FACTS BRIEF:
This item was originally considered and approved by Council at the meeting of October 20.
Subsequent to that, members of the Library Board expressed concern, that, in the event the City
and Library District did not continue the library services agreement beyond the current expiration
date of December 31, 2010, the District would have expended monies for improvements at the
Pasco Library (improvements expected to have a reasonable life of more than 2 years) with no
ongoing responsibility for the library service.
In order to overcome this concern, the addendum has been revised to provide that bids specify
the cost associated with the improvements of concern which are anticipated to be funded by the
District (paint, carpet and chair rail installation) and to include a reimbursement schedule
whereby the City would reimburse the District an amount, reduced by 10% for each year,
representing the original installation cost of the improvements. Since these kinds of
improvements would typically be undertaken by the City as normal maintenance of the facility,
the concept appears to be reasonable. Staff anticipates the total cost of the subject improvements
will be less than $60,000.
Owing to the delay to rework the Addendum agreement, bidding the project and the previously
discussed.library closure schedule have been delayed. At this time, bids are expected to be
opened on December 10 with the closure period for the remodel set to run from December 22 to
February 22.
The District has approved the Addendum, staff recommends approval also.
A) The 2008 budget includes $150,000 for upgrades to the Public Library including
replacement of old inefficient windows, interior paint and electrical upgrades to
allow for the installation of additional computers which the Mid-Columbia
Library has planned to install.
10(a)
B) Installation of the windows has been completed for a cost of approximately
$45,000. Staff has prepared the attached agreement which outlines the process
and payment responsibilities for the contracting of the remainder of the work. As
the building is owned by the City, it is prudent for the City to call for bids and
oversee the construction. The Mid-Columbia Library will fund the cost of the
required construction in excess of the City's commitment of$105,000.
C) The project is being advertised for bids with bid opening scheduled for December
10. Therefore, in order to move the project forward, it is prudent to have the
addendum in place. The project architect estimates that the Library may have to be
closed for up to 2 months in order to complete the construction and painting. The
electrical upgrades require the relocation of book shelves, cutting the concrete
floor, patching and carpet replacement and the installation of wiring.
D) Mid-Columbia Library proposes to provide services during the closure through the
use of the bookmobile on the premises and at Cyber Stop, per the attached.
FIRST ADDENDUM TO
LIBRARY SERVICES CONTRACT
A(C-
THIS ADDENDUM made and entered into this /? day of_9etabe�, 2008, by the Mid-
Columbia Library, an intercounty rural library district of Benton and Franklin Counties, by and
through the Board of Trustees of the same, duly organized and existing under the laws of the
State of Washington, hereinafter called the "District," and the City of Pasco, Washington, a
municipal corporation, hereinafter called "City."
WHEREAS, the District and the City have been operating successfully under a Contract
dated December 3, 2001, whereby the District has furnished complete library service to the City
in return for funds provided by the City as the parties agreed upon from time to time in the light
of the then-existing State Laws; and
WHEREAS, improvements to the facilities of the Library are necessary to keep it
customer friendly. The additional upgrades include: electrical upgrades to accommodate
additional computer stations; remodeling of the interior facilities including the customer service
desk and interior painting; and
WHEREAS, the City and the District find for the mutual benefit of all and to the citizens
of the City, to give the best library service to the greatest number of people and to make it
convenient for the City residents to have full use of the library materials and facilities; NOW,
THEREFORE,
IT IS HEREBY AGREED as follows:
1. General Conditions. Section II of the Library Services Contract is amended to read:
II. General Conditions:
A. The District agrees that it shall make available to the residents of Pasco
the resources and library services generally available throughout the Library District, and
except as otherwise provided in Section VII herein, to the extent deemed reasonable and
equitable by the District in view of its district-wide service responsibilities. The District
further agrees that the residents of the City are entitled to the same library privileges as
are provided by to residents of said intercounty rural library district.
B. The City and the District agree that necessary improvements to the Library
are: 1) To provide electrical upgrades to accommodate additional computer stations, 2)
Remodel the customer service desk, and 3) To paint interior walls and ceilings.
Therefore, the City agrees to pay One Hundred Five Thousand Dollars ($105,000)
towards the improvements. The District agrees to provide the balance of the necessary
funding to complete the improvements of the library contingent upon District's approval
of the contract award to a qualified contractor.
C. The City agrees to solicit bids from qualified contractors and supervise the
construction contract and the construction of the improvements. Bid solicitations shall
provide for identifiable costs to complete painting, carpet and chair rail installation work
as bid alternates. When the City receives the bids for the construction contract, the City
will first consult with the District to determine the amount of funding required from the
District for the project. Upon agreement between City and District, City will award the
contract.
D. In the event that City and District do not renew this Library Services
Contract at the end of the term, as specified in Section XI, or in the event that City
terminates this or any renewal contract prior to January 1, 2019, City agrees to reimburse
District for the cost of painting, carpet and chair rail installation expense, to the extent
that such expenses are incurred under the provisions of paragraph C, above, according to
the following schedule:
If termination occurs after:
Percentage of Original
Costs for Reimbursement
January 1, 2010 90%
January 1, 2011 80%
January 1, 2012 70%
January 1, 2013 60%
January 1, 2014 50%
January 1, 2015 40%
January 1, 2016 30%
January 1, 2017 20%
January 1, 2018 10%
E. The District agrees to pay its share of the amounts under the construction
contract within thirty (30) days of receipt of billing by the City.
2. Dispute Resolution. Section XIII of the Library Services Contract is amended to read as
follows:
XIII. Dispute Resolution: Should any dispute arise concerning the interpretation,
enforcement,breach or default of this Agreement, the parties shall first meet in good faith
and attempt to resolve or mediate the dispute. In the event it remains unresolved by
mediation, the dispute shall be resolved by arbitration pursuant to RCW 7.04A, the
Mandatory Rules of Arbitration. Venue for such arbitration shall be placed in Franklin
County, Washington, and the prevailing party shall be awarded its attorney fees and costs
as additional judgment against the other.
3. All remaining terms and conditions of the Library Services Contract of December 3,
2001, shall remain in full force and effect.
First Addendum to
Library Services Contract-2
IN WITNESS THEREOF, the said District and the said City have caused this
Addendum to be executed by their respective officers on the day and the year first written above.
MID-COLUMBIA LIBRARY CITY OF PASCO
Danielle R. Krol, Executive Director Gary Crutchfield, City Manager
Attested to by:
Secretary City Clerk
First Addendum to
Library Services Contract- 3
midcolumbia
IX Neva LeStond 8equer<e Service Center
Growyourmind! 405 S.Dayton Kennewick,WA 99336-(509)582-4745 s Fax f509)737-6349
October 23, 2008
Mr. Gary Crutchfield
City Manager
City of Pasco
525 North Third Ave.
Pasco, WA 99301
Dear Mr. Crutchfield:
I was glad to read in the October 21, 2008 issue of the Tri-City Herald that the Pasco City
Council continues to support the Pasco Library remodel by allocating $105,000 towards this
project. The article also indicated that the Pasco City Council approved the "First Addendum
to Library Services Contract," which Mr. Stan Strebel, Administrative & Community Services
Director, City of Pasco, submitted to my office on October 14, 2008 for review and approval.
The "First Addendum to Library Services Contract" was reviewed by our general counsel, Mr.
Diehl Rettig. The addendum was also presented to the Mid-Columbia Libraries Board of
Trustees on October 20, 2008.
At the October 20, 2008 Mid-Columbia Libraries Board of Trustees meeting, the Board
passed the following motion:
"I move the Board authorize the Executive Director to sign an amended "First Addendum to
Library Services Contract" prepared by the City of Pasco, and move forward with the
budgeted Pasco Branch remodel. The amendment would include language requiring the City
of Pasco to reimburse MCL, if the City of Pasco chooses to discontinue contracting with MCL
for library services, for improvements made to the Pasco Branch Library structure
proportionate to the remaining useful life of the improvement."
Mid-Columbia Libraries projects expending $136,880 on furnishings, equipment and signage
in 2009 on the Pasco remodel. The library system would own all the furniture, equipment
and signage if the City of Pasco did not renew its contract with Mid-Columbia Libraries.
1
Mid-Columbia Libraries projects expending an additional $61,050 on the following:
improvements: interior painting of walls and the ceiling; replacement of carpet tiles in
certain areas, and possibly additional architectural fees due to this remodel. The Mid-
Columbia Libraries Board of Trustees requests that $61,050 be refunded on a pro-rata basis
to Mid-Columbia Libraries if the City of Pasco does not renew its contract with Mid-Columbia
Libraries.
The Mid-Columbia Libraries Board of Trustees authorized the Executive Director to move
forward with the Pasco remodel only if the City of Pasco enters into an agreement to
reimburse the library for costs associated with the project which could not be recovered if
the City of Pasco did not renew its contract with Mid-Columbia Libraries. Please see the
attached "2008-2009 Pasco Branch -- Remodel and Upgrade Estimated Costs" prepared by
Mrs. Leone Michalec, Finance & Business Director, Mid-Columbia Libraries.
To date, Mid-Columbia Libraries has expended $23,000 in architectural fees for the Pasco
Library remodel. The Mid-Columbia Libraries Board of Trustees is willing to absorb this cost.
The Mid-Columbia Libraries Board of Trustees and I look forward to our continued
partnership in providing library services to Pasco city residents. Please call me at (509) 737-
6351.
Very Truly Yours,
Danielle R. Krol
Executive Director
cc: Mr. Stan Strebel, Administrative & Community Services Director
Mid-Columbia Libraries Board of Trustees
Enclosure: 2008-2009 Pasco Remodel and Upgrade Estimated Costs
2
Pasco Branch Library
2008-2009 Pasco Remodel and Upgrade Estimated Costs
Prepared by: Leone Michalec, Finance & Business Director
10/21/2008
Expenses paid by Mid-Columbia libraries(MCL)to be Recouped if City of Pasco
terminates library services contract:
Item Expected Life Estimated Cost to
MCL
Paint Interior of Building 10 $50,000 Includes tax
Re-Carpet certain areas 10-15 years $5,50 0 Includes tax
Sub-Total $55,500
Miscellaneous Cost Calculated at 10%to
include other
miscellaneous items,
i.e., chair rail in
meeting room,
additional
$5,550 architectural fees in
TOTAL $61,050 2009 for permanent
signage, etc.
Payback provision if City of Pasco terminates library services contract before 10 years
or December 2018:
Pull out after 1 yr: Payback is $54,945 or 90%of$61,050
Pull out after 2 yrs: Payback is $48,840 or 80%of$61,050
Pull out after 3 yrs: Payback is $42,735 or 70%of$61,050
ETC...
Expenses paid by MCL but not to be Recouped if City of Pasco terminates library
services contract:
Item Estimated Cost to MCL
Modification of existing Circulation and Reference $3,490
Desks
$4,910
IT Cabling—Supplies, Salaries, Benefits
$23,000
Architectural Fees paid in 2008 for Pasco project
Furnishings, Equipment, and Signage in 2009 Budget $136,88 0
TOTAL $168,280
Pasco Library Remodel
Closure Schedule
Revised
Library is proposed for closure's December 22, 2008 —jafluafy 4 February 22, 2009.
During the closure, Mid-Columbia Library will locate the Barth Bookmobile in the Library
parking lot.
Hours of Operation: Monday—Thursday 11:00 a.m. —7:00 p.m.
Friday through Saturday 11:00 a.m. — 5:00 p.m.
Sunday 1:00 p.m. — 5:00 p.m.
Mid-Columbia Library will provide book drop and pick-up services at Cyber Stop in Kurtzman
Park.
Monday through Friday 2:00 p.m. —6:00 p.m.
(Cyber Stop open 4:00 p.m. —7:00 p.m.)
Saturday and Sunday 12:00 noon—4:00 p.m.
(Cyber Stop open 12:00 noon—4:00 p.m.)
An additional bookmobile will be available Friday— Sunday at locations as needed,to be
determined.
AGENDA REPORT NO. 28
FOR: City Council November 19, 2008
TO: Gary Crutchfie anager
FROM: Robert J. Albe s, Public Works Director Workshop Mtg.: 11/24/08
Regular Mtg.: 12/1108
SUBJECT: Professional Services Agreement with CH2MHill
1. REFERENCE(S):
1. Professional Services Agreement Amendment No. 1 (Council packets only; copy
available in Public Works office, the Pasco Library or on the city's website at
www.pasco-wa.gov for public review)
2. Vicinity Map
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
11/24: Discussion:
12/1: MOTION: I move to approve Amendment No. 1 to the July 7, 2008
Professional Services Agreement with CH2MHill to provide
design services for the West Side Water Treatment Plant at a
lump sum fee of$761,400 and further, authorize the Mayor to
sign the agreement.
III. FISCAL IMPACT:
Project to be financed via Utility Revenue Bonds
IV. HISTORY AND FACTS BRIEF:
A) In July 2008, Council approved the agreement with CH2MHill for engineering
services for the West Side Water Treatment Plant. The first task approval was for
the Feasibility Assessment(pre-design).
V. DISCUSSION:
A) The first task is completed and the next task is to design the new plant. The plant
will be designed using package membrane treatment technology. There are two
companies that can meet the requirement for the plant but each company's
equipment is different in design. This requires the City to bid the package units
and purchase the package modules prior to finalizing the design. This also
expedites construction of the new plant.
B) Amendment No. 1 is for preparing the bid package for purchasing the modules
package treatment units and designing the entire treatment facility. The plant will
be designed initially for 6 million gallons per day (MGD) expandable to 16 MGD.
The fee is a lump sum of $761,400. The total project cost is approximately $9
million. Staff recommends approval of the agreement.
so(b)
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AGENDA REPORT NO. 79
FOR: City Council November 21, 2008
TO: Gary Crutchfi yManager Regular Mtg.: 1211/08
Rick White, Di
Community & conomic Development
FROM: David I. McDonald, City PlannerPLr
SUBJECT: SPECIAL PERMIT: Location of a Water Treatment Plant in an R-S-12 District
(City of Pasco) (MF#_SP08-009
I. REFERENCE(S):
1. Report to Planning Commission
2. Planning Commission Minutes: Dated 10/16/08 & 11/20/08
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
12/01: MOTION: I move to approve the special permit for the location of a new
water treatment plant in the 11300 Block of West Court Street,
as recommended by the Planning Commission.
III.FISCAL IMPACT:
A. NONE
IV.HISTORY AND FACTS BRIEF:
A. On October 16, 2008, the Planning Commission conducted a public hearing to determine
whether or not to recommend a special permit for a water treatment plant to be located in
the 11300 block of West Court Street.
B. Following conduct of a public hearing, the Planning Commission reasoned that with
conditions, it would be appropriate to recommend approval of a special permit for the
location of a water treatment plant in the 11300 block of West Court Street. The
recommended conditions are contained in the attached Planning Commission report.
C. No written appeal of the Planning Commission's recommendation has been received.
10(c)
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP08-009 APPLICANT: City of Pasco (Public Works)
HEARING DATE: 10/ 16/08 525 N. Third Ave.
ACTION DATE: 11/20/08 Pasco, WA 99301
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of the West Side Water Treatment
Plant. (11300 Block of West Court St)
1. PROPERTY DESCRIPTION:
Legal: Parcel # 118-180-181: A portion of the NW quarter of Section
18, Township 9 North, Range 29 WM; known as Parcel 2 of Boundary
Line Adjustment Survey recorded August 4, 2006 in Volume 2 of
Surveys, page 980 under Recording No. 1687409.
General Location: 11300 Block of West Court Street
Property Size: Approximately 5 acres
2. ACCESS: The site is adjacent to West Court Street
3. UTILITIES: Utility lines are located in West Court Street.
4. LAND USE AND ZONING: The site is currently zoned R-S-12
(Suburban Residential) and is vacant. The properties to the north and
east are zoned R-S-12. The area to the west in the County is R-T
(Residential Transition). The property on the south side of Court Street
is zoned R-S-20 (Suburban Residential). Land use of the surrounding
properties is as follows:
NORTH- Vacant farm field
SOUTH- Single-family dwellings
EAST- Single-family dwellings
WEST- I--182 and a farm field
5. COMPREHENSIVE PLAN: Comprehensive Plan goal. UT-1 encourages
the provision of utility services within the UGA to assure anticipated
growth is accommodated over the next 20 years. The GMA mandate
related to utilities and public services as adopted in the City's
Comprehensive Plan (Vol. I, Pg. 21) states that public facilities and
services necessary to support development shall be adequate to serve
development without decreasing current levels below locally
established standards. The Comprehensive Plan also encourages (CF-5)
the maintenance of an effective and cost efficient level of fire service.
An effective fire protection system is highly dependent upon a reliable
water system.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other
information, a threshold determination resulting in a Determination of
Non-significance (DNS) has been issued for this project under WAC
197-11-158.
DISCUSSION
The Public Works Department has applied for a special permit to locate and
develop a new water treatment facility in the 11300 block of West Court Street.
With the rapid growth in West Pasco, and the future projected growth, there is
a need to provide expanded domestic water service for residential Sv commercial
purposes and for fire protection within the community.
Utility facilities such as water reservoirs and treatment facilities require
Planning Commission review through the special permit process prior to being
located anywhere within the city.
Since the year 2000, the City's population has increased by more than 20,000
people. Well over 50,000 people are now served by the City's water system. The
State Office of Financial Management has estimated Pasco could increase in
size by another 30,000 people by the year 2027. Continued population growth
will create the need for additional water service and fire protection. The City is
responsible for planning and providing municipal utilities within the
boundaries of the Pasco Urban Growth Area. The City is required by the
Growth Management Act to plan for population increases as estimated by the
State Office of Financial Management.
The current Butterfield Water Plant was constructed in 1949 and has been
expanded several times. The plant has a maximum pumping capacity of 30
million gallons per day. The reliable plant capacity is 28 million gallons per
day (MGD). In 2008, the average summertime peak demand was 20.2 MGD.
On occasion, water demand has reached the reliable plant capacity of 28 MGD.
Increasing the size of the Butterfield Plant would be costly and would require
increasing the transmission line size and capacity of the piping leaving the
plant. According to the City of Pasco West side Treatment Plant--Feasibility
2
Assessment 8, Conceptual Design Report 9/2008, pipeline size and capacity
would also need to be increased for the transmission lines extending to the
west side of the City, were the water would be needed.
The proposed project involves the construction of a 75' by 160' treatment
building and a 1.5 million gallon reservoir on half of the five acre site. The
plant will be screened with a six-foot block wall.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report
and comments made at the public hearing. The Planning Commission may
add additional findings as deemed appropriate.
1) The site is located in an R-S-12 zone.
2) The site is in the Pasco UGA.
3) The site is currently vacant and owned by the City of Pasco.
4) Comprehensive Plan goal UT-1 encourages the provision of utility
services within the UGA to assure anticipated growth is accommodated
over the next 20 years.
5) The GMA mandate related to utilities and public services as adopted in
the City's Comprehensive Plan (Vol. I, Pg. 21) states that public facilities
and services necessary to support development shall be adequate to
serve development without decreasing current levels below locally
established standards.
6) The Comprehensive Plan encourages (CF-5) the maintenance of an
effective and cost efficient level of fire service. An effective fire protection
system is highly dependent upon a reliable water system.
7) The city has grown by 22,290 new residents since the year 2000.
8) The Department of Financial Management estimates Pasco's population
will increase by another 30,000 people by the year 2027.
9) The Butterfield Treatment Plant has a peak capacity to produce 30 MGD.
10) Peak day demand has been as high as 28 MGD.
11) The reliable plant capacity of the Butterfield Plant is 28 MGD.
12) Over ninety percent of the new residential growth since the year 2000
has occurred west of Rd 36.
3
13) The Pasco Urban Growth Boundary was expanded west of Rd 68 and
north to Dent Rd to accommodate projected growth.
14) The most significant parcels of land still available for residential
development within the city are located west of Rd 68.
15) The City currently has a raw water intake facility on the north side of the
Richland Bridge.
16) The raw water intake is approximately 700 feet from the city owned site
on West Court Street.
17) There is an overhead power line fronting the property along Court Street.
18) Eight large homes are located adjacent the site or directly across Court
Street.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must draw its conclusion from the findings of fact based upon the
criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are
as follows:
(I) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
The proposed use supports plan policies or goals as follows:
(a.) Comprehensive Plan goal UT-1 encouraging the provision of
utility services within the UGA to assure anticipated growth is
accommodated over the next 20 years.
(b.) GMA mandates related to utilities and public services as adopted
in the City's Comprehensive Plan (Vol. I, Pg. 21) stating that
public facilities and services necessary to support development
shall be adequate to serve development without decreasing
current levels below locally established standards.
(c.) The Comprehensive Plan also encourages (CF-5) the maintenance
of an effective and cost efficient level of fire service. An effective
fire protection system is highly dependent upon a reliable water
system.
(2) Will the proposed use adversely affect public infrastructure?
4
Under the current zoning the site could be developed with 13 single-
family dwellings. The proposed water plant will create far less
demand on the City's utility system than 13 homes.
The proposed water plant and storage reservoir will have a positive
effect on the City's water system in that it is an improvement to public
infrastructure. The reliability and safety of the City water system and
fire protection system will be maintained and the City will be able to
provide for increased water service needs to support projected
population growth.
(3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
Utility equipment, substations, booster stations, lift stations and
major reservoirs are all found within or near residential areas of
Pasco. Other water related utility facilities within the community
(Butterfield Water Plant, the 10,000,000 gallon reservoir in Desert
Plateau, the Road 68 water towers 8v the Broadmoor reservoir) are all
located in or next to residential zoning districts.
The proposed water plant will be constructed on the north half of the
proposed site leaving an expansive lawn area fronting on court Street.
The plant will be screened with a block wall and the building will be
finished in earth tone colors to blend with the surrounding residential
structures.
The treatment portion of the plant will be totally enclosed in a
building thereby shielding the neighborhood from much of the
operational aspects of the plant. Compared with the 130 daily vehicle
trips that would be generated by 13 single-family homes on the site,
traffic will be minimal—perhaps less than 20 trips per day.
(4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general
vicinity or impair the value thereof?
The R-S-12 zoning district permits houses to be built to a height of 35
feet. The proposed plant will be approximately 35 feet in height. The
operation of other water related facilities within residential districts
has not discouraged development on nearby properties. Broadmoor
Estates was constructed after the Broadmoor reservoir was
constructed and the Desert Plateau River Heights neighborhood was
developed after the construction of the 10,000,000 gal reservoir. The
development of Wilson Meadows on Road 108 was not diminished or
5
limited by the fact that the Road 108 public works yard and irrigation
pumping station is nearby.
(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 water plant will be enclosed in a building that provides sound
proofing and visual protection to the neighborhood. The plant will
generate significantly less traffic than other permitted uses within the
district.
(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 water plant will improve the general welfare of the community by
increasing the capacity of both the water system and the fire
protection system of the City. The plant's enclosure within a building
surrounded by a block wall and the landscaping are all design
features utilized to ensure the proposed water plant will not become a
nuisance to surrounding uses.
RECOMMENDATION
MOTION: I move the Planning Commission adopt the Findings of Fact
and conclusions as contained in the November 20, 2008 staff report.
MOTION: I move, based on the findings of fact as adopted, the Planning
Commission recommend the City Council grant a special permit for the
location of a water treatment plant in the 11300 block of West Court
Street with conditions as contained in the November 20, 2008 staff
report:
APPROVAL CONDITIONS
1) The special permit shall be personal to the applicant.
2) The site shall be developed in substantial conformity with the site plan
and building elevations submitted with the special permit application.
3) The access roadway from Court Street to the Plant must be hard
surfaced.
6
4) The area of the site between the block wall and Court Street shall be
irrigated and planted in lawn.
5) Six large growing deciduous trees (Oak, Maple, Walnut, Linden etc) shall
be planted in the lawn area to create a visual buffer to the plant and
reservoir.
6) On-site drainage facilities shall be provided to prevent storm water runoff
and irrigation runoff from entering Court Street and sheeting across
Court Street onto the adjacent residential properties.
7) The plant shall be designed to meet the I-182 Corridor architectural
standards of PMC 25.58.
8) The block wall shall be an architectural block wall no taller than 6 feet.
9) All onsite generators shall be screened and muffled to prevent noise
intrusion onto adjoining residential properties above noise levels
prescribed in the PMC 9.61.
10) Testing of generators shall not occur on weekends or between 5:00 pm
and 8:00 am.
11) The overhead power lines along Court Street shall be undergrounded
with the development of the water plant.
12) The special permit shall be null and void if a building permit has not
been obtained by December 8, 2010.
7
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Planning Commission Minutes
10/16/08
A. Special Permit Water Treatment Plant in an R-S-12 District
(City of Pascol (MF# SP 08-009)
Chairman Samuel read the master file number and asked staff for comments.
Staff stated that a notice of the hearing was published in the newspaper and
mailed to surrounding property owners within 300 ft of the site. In response to
the notice staff received several phone calls, from adjoining property owners and
two letters. The first letter was from the Washington State Department of
Transportation. Their comments referenced access to the highway, storm water
runoff and site lighting. Staff then read an email from Reed and Judy Simpson
who expressed concern about lighting, noise, access off Road 111, and storm
water runoff.
Staff explained the special permit review process for the audience and reviewed
the population growth that has recently occurred. It was pointed out that Pasco
has increased in size by 22,000 new residents since 2000. The Office of
Financial Management projections suggest an additional 30,000 people will
reside in Pasco by the year 2027.
Staff also explained the City's obligation under the Growth Management Act
(GMA) to plan for water and sewer utility services within the Urban Growth
Boundary (UGB).
Bob Alberts, Public Works Director, City of Pasco explained that the City
currently obtains all domestic water from one source, the Butterfield Water
Filtration plant located on 12th and Washington. For a number of years the City
has searched for a location for a secondary source. The City recently purchased
the property in question for a future water treatment plant.
The proposed plant would provide a secondary source for the City which would
allow for the emergency backup for the Butterfield Plant, as well as provide for
the projected increase in population.
Tony Crutch, Consultant, CH2MHill, 295 Bradley Blvd, Suite 300, Richland, WA
stated that the raw water intake pump station for the proposed plant was
located under the I-182 bridge
Mr. Crutch displayed the site plan and explained where the various components
of the water plant would be located. The treatment processing will be located
inside the building which will consist of a pressure membrane treatment
process, which was compared to a conventional direct filtration process at the
Butterfield.
Mr. Crutch explained that other site improvements will consist of underground
utilities along the north side of Court Street as well as sidewalk, curb, and
gutter.
The building will consist of a metal prefabricated structure with few windows. A
training room will be located in the building.
Commissioner Schouviller asked what the width was for the lawn area on the
Court Street side of the property.
Mr. Crutch stated it will cover close to half of the property.
Commissioner Schouviller asked about the traffic to and from the site.
Mr. Crutch estimated traffic flow generated for the facility to be about 3-4
vehicles per day.
Commissioner Schouviller asked if there would be employees at the site after
hours.
Mr. Crutch stated the facility would be remotely monitored and operated from
the Butterfield Plant.
Commissioner Little asked what the emergency procedure were in the event of a
tank malfunctioning or a pipe leak, etc.
Mr. Crutch stated that in the 50+ years the Butterfield plant has operated, there
has been no spillage. The floor plans of the proposed building are designed to
contain spills.
Commissioner Anderson asked if there would be a health risk in the event of a
ruptured tank.
Mr. Crutch stated there was nothing toxic or hazardous in the chemicals used.
The chemicals used are added to the water for treatment. In the event of a
ruptured tank or spill, the chemicals would be returned to a different tank and
the process would continue.
Commissioner Kempf asked what security measures were planned for the site.
Mr. Crutch stated that the entire site would be monitored. The training room
and restrooms would be available to the public. The remainder of the facility
would not have public access and high security measures would be in place.
Commissioner Rose asked if chlorine would be used in the treatment process.
Mr. Crutch stated that liquid hydrochloride would be used, which is low
strength chlorine.
Chairman Samuel asked about noise levels generated by the plant.
Mr. Crutch stated that background noise would be from 1-182. The emergency
generator would be the only source of noise but it will be filtered.
Chairman Samuel asked about the appearance of the facility and was concerned
the facility would be used as a storage facility.
Mr. Alberts stated the facility will not be used by the City for storage.
Chairman Samuel asked about lighting levels generated from the plant.
Mr. Alberts stated that any exterior lighting would face downward.
Chairman Samuel questioned if any odors would be emitted.
Mr. Alberts stated the Butterfield Plant consists of outdoor basins and does not
emit odors. The new plant would be enclosed indoors.
Commissioner Anderson commented from personal experience the Butterfield
Plant emits little or no noise or smells. The proposed plant would be a positive
addition to the neighborhood.
Chairman Samuel opened the public hearing.
Steve Anderson, 11111 W. Court, felt the plant would be a great enhancement to
the neighborhood. He asked for an explanation about landscaping plans/fencing
for the remainder of the property.
Mr. Alberts stated the open area would not have a fence and would be covered
with grass, similar to the Butterfield plant. The plant would be enclosed with a
6-ft block wall.
Mike Korenko, 11316 W. Court, stated that he and his wife supported the plant.
The only concern is the entrance location for the site. He proposed the entrance
be relocated to the northeast side of the site as an extension of View Lane
crossing Road 111.
Jane Beyer, 11300 W. Court, stated she did not receive a letter concerning this
new proposal. She was in favor of moving the entrance to the Road 111 due to
the additional traffic. She was concerned with the height of the block wall and
suggests it be 8 ft tall with no razor wire. She asked about the height of the
tank. She further suggested big trees vs. baby trees to be planted. Ms. Beyer
also expressed concern about possible vandalism and picnicking with wine
bottles on the grass.
Scott Smalley, 11400 W. Court St., questioned if the power lines would be
underground and if the road would be paved. He recommends the addition of
shrubs to deter the possibility of graffiti on the proposed block wall. He further
stated he and his wife were in favor of the proposal.
With no further public comments, the hearing was closed to the public.
Staff explained the property could be developed with an additional 6 homes.
These homes would generate 60-70 car trips per day vs. the 4 trips to be
generated by the plant. The current zoning of the area allows for the height of a
building to be no taller than 35 ft.
Chairman Samuel expressed concerns about the graffiti.
Mr. Alberts stated graffiti has not been an issue at the Butterfield Plant. The City
has a graffiti abatement program to deal with this type of issue and might occur
in an area where foot traffic is high. This site would have no foot traffic.
Chairman Samuel further questioned the height of the block wall.
Staff commented that this is why there are public hearings for special permits. It
is important that the conditions are compatible with surrounding residences.
Mr. Alberts stated that the initial fence was planned to be a 6 ft chain link fence.
However, due to the site location, it was changed to a 6 ft block wall for aesthetic
purposes as well as to provide for a sound barrier.
Commissioner Little stated he was not in favor of the 8 ft wall. With the
surrounding houses, it would be more appealing to see the plant vs. looking at
an 8 ft block wall.
Commissioner Schouviller moved, seconded by Commissioner Anderson, to close
the hearing on the proposed water plant and initiate deliberations and schedule
adoption of Findings of Fact, Conclusions and a Recommendation to the City
Council for the November 20, 2008 meeting. The motion passed unanimously.
PLANNING COMMISSION MINUTES
11/20/08
A. Special Permit Water Treatment Plant in an R-S-12 District
(City of Pasco) (11300 Block of West Court St)
(MF# SP 08-0091
Chairman Samuel read the Master File number and explained that the proposed
Water Treatment Plant was the subject of a public hearing last month.
Chairman Samuel asked for discussion and or comments from staff.
Staff had no additional comments.
Commissioner Little moved, seconded by Commissioner Anderson, that the
Planning Commission adopt the Findings of Fact and conclusions as contained
in the November 20, 2008 staff report.
Commissioner Little further moved, seconded by Commissioner Schouviller,
based on the Findings of Fact as adopted, the Planning Commission recommend
the City Council grant a special permit for the location of a water treatment
plant in the 11300 block of West Court Street with conditions as contained in
the November 20, 2008 staff report. The motion was unanimously approved.
Staff noted this item would go to the City Council at their first regular meeting in
December. Staff briefly explained the appeal process.
AGENDA REPORT NO. 80
FOR: City Council November 21, 2008
TO: Gary Crutchfi a nager Regular Mtg.: 12/1/08
Rick White, Di ecto �
Community & conomic Development
FROM: David I. McDonald, City Planner?t---- -
SUBJECT: SPECIAL PERMIT: Location of a Church (World Life Christian Center) in the
Broadmoor Square Ma1l (MF# SP08-008)
I. REFERENCE(S):
1. Report to Planning Commission
2. Planning Commission Minutes: Dated 10/16/08 & 11/20/08
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
12/01: MOTION: I move to approve the special permit for the location of the
World Life Christian Center in suites 176, 180 and 184 of
Broadmoor Square, as recommended by the Planning
Commission.
III.FISCAL IMPACT:
A. NONE
IV.HISTORY AND FACTS BRIEF:
A. On October 16, 2008, the Planning Commission conducted a public hearing to determine
whether or not to recommend a special permit for a church to be located in the
Broadmoor Square Mall on Outlet Drive.
B. Following conduct of a public hearing, the Planning Commission reasoned that with
conditions, it would be appropriate to recommend approval of a special permit for a
church in the Broadmoor Square Mall. The recommended conditions are contained in
the attached Planning Commission report.
C. No written appeal of the Planning Commission's recommendation has been received.
1o(d)
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP 08-008 APPLICANT: World Life Christian Ctr.
HEARING DATE: 10-16-08 732 W. 19th Avenue
ACTION DATE: 11-20-08 Kennewick, WA 99337
BACKGROUND
REQUEST FOR SPECIAL PERMIT: Location of a Church in a C-1 District
1. PROPERTY DESCRIPTION:
Leizal: Parcel # 115-502-016: a portion of the South half of Section 8,
Township 9 North, Range 29 WM;
General Location: 5252 Outlet Dr.
Property Size: Approximately 11 acres
2. ACCESS: The site has access from Sandifur Parkway by way of Outlet
Dr.
3. UTILITIES: Municipal water and sewer are available to the site from the
right-of-way adjacent to the south line of the property. The property is
not currently connected to City utilities.
4. LAND USE AND ZONING: The property is currently zoned C-1 (Retail
Business) All surrounding property is zoned C-1 and undeveloped.
S. COMPREHENSIVE PLAN: The site is designated in the Plan for future
commercial uses. The plan does not specifically address churches, but
elements of the plan encourage the promotion of orderly development
including the development of zoning standards for off-street parking and
other development standards.
6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a
Determination of Nonsignificance in accordance with review under the
State Environmental Policy Act (SEPA), Chapter 43.21 (c) (RCW).
ANALYSIS
The application involves the use of three suites in the Broadmoor Outlet Mall
for church activities.
The Outlet Mall contains over 103,000 square feet of floor space. Currently
only 37,000 square feet of the mall is occupied. There are seven businesses, a
I
Mini Police Station and the Children's Museum within the occupied space.
Sixty-five percent of the mall is vacant.
The proposed church has signed a three year lease for 11,720 square feet of
floor area. The church site is located in the northwest corner of the Outlet
Complex. The church plans to hold services on Wednesday evenings from 6:30
pm to 9:00 pm and on Sunday mornings from 8:00 am to 1:00 pm. During the
week the church office will be open during regular office hours.
The lease agreement requires the church to participate in all common area
charges shared by all lessees within the mall. The lease agreement is for a
period of three years.
The proposed church location has parking to the east, west and north.
The outlet mall was constructed to meet building code requirements for retail
activities. Places of religious worship are classified in the building code as "A"
occupancies. When a building is changed from one occupancy class to another
(from an "M" [Mercantile] to an "A" [Assembly] for example) the building is
required to meet life/safety standards required for the new occupancy
classification. If a portion of the 11,720 square feet is devoted to office space
and classrooms there will likely be enough square footage for 400 people to
congregate in a sanctuary area.
To meet the "A" occupancy requirements proper exiting, exit signage,
emergency lighting, occupancy separation walls (between retail space and
church space), additional restroom facilities and fire sprinklers may be
required by the building code. These requirements are all based on the
occupant load of the building.
The "A" occupancy requirements of the building code have been developed from
years of experience with places of assembly and have been enacted to promote
the life, safety, and protection of people occupying churches and other
gathering places.
Another potential problem with a church locating in a commercial area is the
fact that some retail establishments or restaurants sell or serve liquor. The
issue is typically addressed by placing a condition on the Special Permit
approval limiting the church's ability to object to a liquor license.
FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report.
The Planning Commission may add additional findings to this listing as the
2
result of factual testimony and evidence submitted during the open record
hearing.
1. Churches are unclassified uses and require review through the special
permit process prior to locating or expanding in any zoning district.
2. The proposed church site is zoned C-1.
3. The proposed site is located at 5252 Outlet Drive.
4. The site was originally developed as the Broadmoor Outlet Mall.
5. The Outlet Mall contains over 103,000 square feet of floor area.
6. Sixty-five percent of the outlet mall is vacant.
7. Nine suites of the mall are occupied.
8. The old furniture store portion of the mall (Co2) is currently occupied by
a seasonal costume store.
9. The church proposes to lease 11,720 square feet of floor space.
10. Churches are classified as an "A" occupancy under the International
Building Code.
11. Half of the leased space is large enough to hold 400 people.
12. The Municipal Code (PMC 25.78.170) requires one off-street parking
space for every 10 lineal feet of bench (pew) seating or one space for every
4 chairs in a church.
13. Based on the occupancy loading of 400 people, 100 parking spaces
would be required.
14. The current area available for parking improvements will only allow the
church to accommodate 28 members.
15. The mall was designed and built for "M" occupancy loads.
16. "A" occupancy building design standards are different than the "M"
occupancy standards.
17. The church lease is for a three year period.
CONCLUSIONS BASED ON THE 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. and determine whether or
not the proposal:
(1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
3
The plan does not specifically address churches, but elements of the plan
encourage the promotion of orderly development including the
development of zoning standards for off-street parking and other
development standards.
(2) Will the proposed use adversely affect public infrastructure?
The outlet mall was designed to handle significant traffic with a large
parking lot and interior circulation. The proposed church will conduct
services at times when other mall traffic is generally low and utility usage
is low.
(3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
The proposed church will be located in the Broadmoor Outlet Mall and
no exterior changes are planned to the building. The current store front
character will be maintained. The church will participate in common
area maintenance costs to maintain the common area of the mall. The
current lease proposal is for a three year period giving the mall owner the
option of terminating the lease after three years if demand for retail
space in the mall improves.
(4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general
vicinity or impair the value thereof?
The proposed church will be located in part of an existing outlet mall and
no structures will be built or added to the mall. The site design will
remain unchanged. The church will be paying market rent and will be
responsible for common area charges like all tenants of the mall.
(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 church will generate no more dust, vibrations, flashing lights or
fumes than would be expected by permitted retail uses of the zoning
district. Traffic generated by the church will occur mostly on Sunday
mornings when mall traffic is minimal. Wednesday evening church
activities generally generate less traffic than Sunday morning meetings.
(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?
4
Churches are generally accepted uses in or near residential
neighborhoods. Past history of church operations within the City has
shown they do not endanger public health or safety and are generally
not nuisance generators.
RECOMMENDATION
MOTION: I move the Planning Commission adopt the Findings of Fact
and conclusions as contained in the November 20, 2008 staff report.
MOTION: I move, based on the findings of fact as adopted, the Planning
Commission recommend the City Council grant a special permit to the
World Life Christian Church for the location of a church in Suites 176,
180 and 184 of Broadmoor Square with conditions as contained in the
November 20, 2008 staff report:
APPROVAL CONDITIONS
1) The special permit shall be personal to the applicant;
2) The space leased to the church must comply with all requirements of the
International Building Code for an "A" occupancy prior to occupancy by
the church;
3) The storefront appearance of the leased space cannot be altered except
as needed to comply with building code exiting requirements;
4) The building, including entrances and restrooms, must be
ADA/handicap-compliant prior to occupancy by the church;
5) Occupancy of the building for church purposes will not be permitted
until the church complies with all conditions listed above;
6) The church shall not object to the transfer, renewal or issuance of a
liquor license for an existing or new establishment within 1,000 feet of
the property;
7) The special permit shall be valid for a period of three years only and shall
terminate on December 8, 2011.
5
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Planning Commission Minutes
10/16/08
B. Special Permit Location of a Church in a C-1 District (World
Life Christian Ctr.)(MF# SP 08-008)
Chairman Samuel read the master file number opened the hearing and asked
for comments from staff.
Staff stated that notice of the hearing was published in the newspaper and
mailed to surrounding property owners within 300 ft. Staff explained the
requirements for churches being reviewed through the special permit process.
Staff explained that a church falls under a different occupancy classification in
the building code than the mall and as such the building would need to be
modified to meet the building code standards for a church. The changes would
include restroom modifications and possibly additional exiting.
Staff reviewed the tentative approval conditions for the benefit of the audience.
Chairman Samuel asked if there had been any communication with the property
owner.
Staff stated there had not been any but, the owner was aware of the proposal
because a lease agreement had been prepared.
Commissioner Schouviller asked if other churches have located in a commercial
zone.
Staff stated there are 3-4 churches that have been granted special permits in
commercial zones.
Joey Zamora, 4732 Sedona Ct, Pastor, stated they had reviewed the staff report
and were interested in developing the church to meet the recommended
conditions. The majority of the church members live in Pasco. Pastor Zamora
explained that this would not be a permanent site for his church.
David Jarret, 369 Falcon Ridge, Richland was in favor of the church relocating
to the outlet mall.
Sheila Goody, 10029 Locust Lane, explained she and her husband were
members of the church and she felt this move would have a positive impact on
Road 68.
Tremaine Sparks, 7808 Quadra Drive., was in favor of the church relocating to
Pasco so he could save on gas.
Meredith Zamora, 4732 Sedona Ct, the Pastor's wife stated that the heart of
their church is to strengthen homes and communities.
Marlando Sparks, 2303 W. Pearl, stated that the church has focused on the teen
community and has provided events to keep teens off the streets.
Marianne Hogaboam, 9516 Mustang Drive, stated there are not many events in
the Tri-Cities to provide a positive outreach for teens. She was in favor of the
location.
Candy Crumb, 1538 W. 35t" Loop, Kennewick, did not have a problem with the
alcohol licensing issue.
Malachi Mendez, 6405 Chapel Hill Blvd, Apt R202, stated he was a member of
the younger congregation and was in favor of the location to influence the
younger generation in the area.
Commissioner Anderson moved, seconded by Commissioner Hay, to close the
hearing on the special permit for the location of a Church in a C-1 district and
initiate deliberations and schedule adoption of Findings of Fact, Conclusions
and a Recommendation to the City Council for the November 20, 2008 meeting.
The motion passed unanimously.
PLANNING COMMISSION MINUTES
11/20/08
B. Special Permit Location of a Church in a C-1 District World
Life Christian Ctr.1 (MF# SP 08-0081
Chairman Samuel read the Master File number and explained that the proposed
Church was the subject of a public hearing last month. Chairman Samuel
asked for discussion and or comments from staff.
Staff had no additional comments.
Commissioner Cruz moved, seconded by Commissioner Anderson, that the
Planning Commission adopt the Findings of Fact and conclusions as contained
in the November 20, 2008 staff report.
Commissioner Cruz further moved, seconded by Commissioner Anderson, based
on the Findings of Fact as adopted, the Planning Commission recommend the
City Council grant a special permit to the World Life Christian Church for the
location of a church in Suites 176, 180 and 184 of Broadmoor Square with
conditions as contained in the November 20, 2008 staff report. The motion was
unanimously approved.
Staff noted this item would go to the City Council at their first regular meeting in
December. Staff briefly explained the appeal process.
AGENDA REPORT NO. 81
FOR: City Council November 21, 2008
TO: Gary Crutchfi 1 i Mana Regular Mtg.: 1211/08
Rick White, Di c or �`
Community & conomic Development
FROM: David I. McDonald, City Planner—SE ; -�
SUBJECT: SPECIAL PERMIT• Location of a College/Technical School (Charter College)
in the Broadmoor Square Mall (MF# SP08-010
I. REFERENCE(S):
1. Report to Planning Commission
2. Planning Commission Minutes: Dated 10/30/08 & 11/20/08
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
12/01: MOTION: I move to approve the special permit for the location of a
college/technical school in suites 208 and 216 of Broadmoor
Square, as recommended by the Planning Commission.
III.FISCAL IMPACT:
A. NONE
IV.HISTORY AND FACTS BRIEF:
A. On October 16, 2008, the Planning Commission conducted a public hearing to determine
whether or not to recommend a special permit for a college/technical school to be
located in the Broadmoor Square Mall on Outlet Drive.
B. Following conduct of a public hearing, the Planning Commission reasoned that with
conditions, it would be appropriate to recommend approval of a special permit for a
college/technical school in the Broadmoor Square Mall. The recommended conditions
are contained in the attached Planning Commission report.
C. No written appeal of the Planning Commission's recommendation has been received.
10(e)
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP 08-010 APPLICANT: Charter College
HEARING DATE: 10-30-08 443 Meadow Lane
ACTION DATE: 11-20-08 Providence, UT 84332
BACKGROUND
REQUEST FOR SPECIAL PERMIT: Location of a College/Technical School in
a C-1 District
1. PROPERTY DESCRIPTION:
Legal: Parcel # 115-502-016: a portion of the South half of Section 8,
Township 9 North, Range 29 WM
General Location: 5278 Outlet Dr.
Property Size: Approximately 11 acres
2. ACCESS: The site has access from Sandifur Parkway by way of Outlet
Dr.
3. UTILITIES: Municipal water and sewer are available to the site from the
right-of-way adjacent to the south line of the property. The property is
connected to City utilities.
4. LAND USE AND ZONING: The property is zoned C-1 (Retail Business).
All surrounding property is zoned C-1 and undeveloped.
5. COMPREHENSIVE PLAN: The site is designated in the Plan for future
commercial uses. The Plan encourages the fostering of adequate
provisions for educational facilities throughout the urban growth area.
The Comprehensive Plan also encourages the promotion of orderly
development including the development of zoning standards for off-street
parking and other development standards.
b. ENVIRONMENTAL DETERMINATION: This proposal has been issued a
Determination of Nonsignificance in accordance with review under the
State Environmental Policy Act (SEPA), Chapter 43.21 (c) (RCW).
ANALYSIS
The application involves the use of two or three suites (10,768 sq. ft.) in the
Broadmoor Outlet Mall for the operation of a college. Colleges are unclassified
uses and require review through the special permit process prior to locating
anywhere within the community.
1
The proposed site is zoned C-1 which permits a variety of retail and office type
uses. The administrative offices of the proposed college are permitted use in
the district and do not require a special permit to locate in the Outlet Mali. The
classrooms, the education/skills training, the student counseling portion of the
college requires the special permit review. If the college was proposing to open
just a business office in the Outlet Mall no special permit would be required.
Charter College has signed a lease for 10,768 square feet of floor area in the
center of the northern Outlet Mall building. This space will be divided into 7
offices, 10 classrooms, a resource center and a student lounge.
The College initially plans to offer programs in computer-aided drafting (CAD),
medical insurance coding and billing, computerized bookkeeping and a few
other courses. Eventually the College will offer five bachelor degree programs
and nine associate degree programs.
The lease agreement requires the college to participate in all common area
charges shared by all lessees within the mall. On October 16, 2008, the
Planning Commission heard testimony regarding another non-retail special
permit application about this location.
The Outlet Mall contains over 103,000 square feet of floor space. Currently
only 37,000 square feet of the mall is occupied. There are seven businesses, a
Mini Police Station and the Children's Museum within the occupied space.
Sixty-five percent of the mall is vacant.
The outlet mall was constructed to meet building code requirements for retail
activities. Colleges and technical schools are classified in the building code as
either "A" occupancies or "B" occupancies depending on the size of the
classrooms. When a building is changed from one occupancy class to another
(from an "M" [Mercantile] to an "A" [Assembly] or "B" [Business] for example),
the building is required to meet life/safety standards required for the new
occupancy classification. The specific size and location of the classrooms and
offices will determine the applicable building code standards that will apply to
the proposed college.
To meet the new occupancy requirements, proper exiting, exit signage,
emergency lighting, occupancy separation walls (between retail space and
college space), and additional restroom facilities may be required by the
building code. These requirements are all based on the occupant load of the
building.
The building code has been developed from years of experience with various
types of building occupancies. The code has been enacted to promote the life,
safety, and protection of people occupying classrooms, offices and other
building spaces.
2
A potential problem with a school/college locating in a commercial area is the
fact that some retail establishments or restaurants sell or serve liquor. The
issue is typically addressed by placing a condition on the Special Permit
approval limiting the college's ability to object to a liquor license.
FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report.
The Planning Commission may add additional findings to this listing as the
result of factual testimony and evidence submitted during the open record
hearing.
1. Colleges are unclassified uses and require review through the special
permit process prior to locating or expanding in any zoning district.
2. The proposed College site is zoned C-1.
3. Business offices are permitted uses in the C-1 zone.
4. The proposed site is located at 5278 Outlet Drive.
5. The site was originally developed as the Broadmoor Outlet Mall.
6. The Outlet Mall contains over 103,000 square feet of floor area.
7. Sixty-five percent of the outlet mall is vacant.
8. Nine suites of the mall are occupied.
9. The old furniture store portion of the mall (Co2) is currently occupied by
a seasonal costume store.
10. The College proposes to lease 10,768 square feet of floor space.
11. Colleges can be classified as an "A" or "B" occupancy under the
International Building Code.
12. The Municipal Code (PMC 25.78.170) requires one off-street parking
space for 300 square feet of floor area for a vocational school, office, or
retail store.
13. The Outlet Mall parking lot was designed to meet or exceed the one-
parking-space-to-300-square-feet-of=floor-area ratio.
14. The mall was designed and built for "M" occupancy loads.
15. "A" or "B" occupancy building design standards are different than the
"M" occupancy standards.
16. The Tri-City population has increased by over 43,000 people in the last
eight years.
3
CONCLUSIONS BASED ON THE 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., and determine the
following:
(1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
The plan encourages the location of educational facilities throughout the
Urban Growth Area.
(2) Will the proposed use adversely affect public infrastructure?
The outlet mall was designed to handle significant traffic with a large
parking lot and interior circulation. The parking requirements for the
proposed college are identical to the parking requirements for retail and
offices uses indicating traffic generated by the proposed college will be
similar to other permitted uses in the zone. The proposed use will have
less impact on water and sewer utilities than a permitted uses such as
hotels and motels, Laundromats and restaurants.
(3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
The proposed college will be located in the Broadmoor Outlet Mall and no
exterior changes are planned to the building. The current store front
character will be maintained. The college will participate in common
area maintenance costs to maintain the common area of the mall.
(4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general
vicinity or impair the value thereof?
The proposed college will be located in part of an existing outlet mall and
no structures will be built or added to the mall. The site design will
remain unchanged. The college will be paying market rent and will be
responsible for common area charges like all tenants of the mall.
(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?
4
The college will generate no more dust, vibrations, flashing lights or
fumes than would be expected by permitted retail and offices uses of
the zoning district.
(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?
Experience with the operations with schools and colleges within the
community have shown they do not endanger public health or safety
and are generally not nuisance generators.
RECOMMENDATION
MOTION: I move the Planning Commission adopt the Findings of Fact
and conclusions as contained in the November 20, 2008 staff report.
MOTION: I move, based on the findings of fact as adopted, the Planning
Commission recommend the City Council grant a special permit to
Charter College for the location of a college/technical school in suites
208 and 216 of Broadmoor Square with conditions as contained in the
November 20, 2008 staff report.
APPROVAL CONDITIONS
1) The special permit shall be personal to the applicant;
2) The college must comply with all requirements of the International
Building Code for occupancy prior to occupancy by the building;
3) The storefront appearance of the leased space cannot be altered except
as needed to comply with building code exiting requirements;
4) The building, including entrances and restrooms, must be
ADA/handicap-compliant prior to occupancy;
5) Occupancy of the building for college purposes will not be permitted until
the college complies with all conditions listed above;
6) The college shall not object to the transfer, renewal or issuance of a
liquor license for an existing or new establishment within 1,000 feet of
the property;
7) The special permit shall be null and void if a building permit has not
been obtained for necessary improvements by December 1, 2009.
5
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Planning Commission Minutes
10/30/08
B. Special Permit Location of a Colle a Technical School in a
C-1 District )Charter College) (5278 Outlet Dr.)
(MF# SP 08-010)
Acting Chairman Cruz read the master file number opened the hearing and
asked for comments from staff.
Staff stated that a notice of the hearing was published in the newspaper and
mailed to surrounding property owners within 300 ft of the site.
Staff explained Charter College has several facilities located throughout the
western United States and Alaska and is seeking to located a facility in the
outlet mall. Charter College has signed a lease for 10,768 square feet of floor
area in the northern Outlet Mall building. This space will be divided into 7
offices, 10 classrooms, a resource center and a student lounge. Staff reviewed
the written staff report for the benefit of the Planning Commission.
Steve Ferguson, Charter College, Prospect Education 16750 Melrose Ave, Reno,
NV, explained that the school has been in business since 1985. In the State of
Alaska they are the largest for-profit school. They will start with 4 certificate
programs in the areas of Medical Insurance Coding & Billing, Computerized
Bookkeeping, Medical Assistant, and Network Security. Courses will be
expanded as the college grows.
Commissioner Schouviller asked how long the lease was for.
Mr. Ferguson stated they have signed a 5-year lease.
Acting Chairman Cruz asked if the college had room to expand in the future.
Mr. Ferguson stated they have first right of refusal on any adjoining suites in the
Outlet Mall to allow for expansion.
Commissioner Rose asked about the schools accreditation.
Mr. Ferguson stated they were accredited by the ACISSCT, a national
accreditation.
Acting Chairman Cruz expressed concern about the length of time the proposed
college planned to occupy space at the mall.
Staff explained that only 37,000 square feet of the Broadmoor Outlet Mall was
occupied. The facility has 103,000 square feet. The outlet mall business model
has been struggling nationwide. It was pointed out that private for profit colleges
often locate in strip malls and commercial centers.
Commissioner Hay moved, seconded by Commissioner Schouviller, to close the
hearing on the special permit for the location of a College/Technical School in a
C-1 district and initiate deliberations and schedule adoption of Findings of Fact,
Conclusions and a Recommendation to the City Council for the November 20,
2008 meeting. The motion passed unanimously.
PLANNING COMMISSION MINUTES
11/20/08
D. Special Permit Location of a College/Technical School in a
C-1 District (Charter College) (5278 Outlet
Drive) (MF# SP 08-0101
Chairman Samuel read the Master File number and explained that the proposed
College/Technical School was the subject of a public hearing last month.
Chairman Samuel asked for discussion and or comments from staff.
Staff had no additional comments.
Commissioner Hays moved, seconded by Commissioner Anderson, that the
Planning Commission adopt the Findings of Fact and conclusions as contained
in the November 20, 2008 staff report.
Commissioner Hays further moved, seconded by Commissioner Anderson, based
on the Findings of Fact as adopted, the Planning Commission recommend the
City Council grant a special permit to Charter College for the location of a
college/technical school in suites 208 and 216 of Broadmoor Square with
conditions as listed in the staff report of November 20, 2008 staff report. The
motion was unanimously approved.
Staff noted this item would go to the City Council at their first regular meeting in
December. Staff briefly explained the appeal process.