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2009.03.02 Council Meeting Packet
AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. March 2,2009 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion(in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated February 2, 2009. (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$155,063.71 ($33,130.02 consisting of Claim Warrants numbered 170105 through 170106; $105,241.87 consisting of Claim Warrants numbered 170108 through 170130; $13,547.47 consisting of Claim Warrant numbered 170343; and $3,144.35 consisting of Claim Warrants numbered 170345 through 170347). (2008 EXPENSES) 2. To approve General Claims in the amount of $2,056,299.50 ($173,295.25 in the form of Wire Transfer Nos. 5147, 5150, 5156 and 5160; $17,552.11 consisting of Claim Warrant numbered 170107; $691,848.85 consisting of Claim Warrants numbered 170131 through 170342; $36,540.79 consisting of Claim Warrant numbered 170344; and $1,137,062.50 consisting of Claim Warrants numbered 170348 through 170543). (2009 EXPENSES) 3. To approve Payroll Claims in the amount of $1,816,612.05, Voucher Nos. 39303 through 39379; and EFT Deposit Nos. 30028474 through 30029009. 4. 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$169,134.41 and, of that amount, authorize $120,978.00 be turned over for collection. (c) Appointment to Regional Hotel/Motel Commission: 1. Agenda Report from Gary Crutchfield, City Manager dated February 17, 2009. 2. Letter from Tri-Cities Hotel and Lodging Association dated 2/5/09. To appoint Monica Hammerberg (Pasco Red Lion) to complete an unexpired two-year term on the Tri-Cities Regional Hotel/Motel Commission,to expire 8130/2010. (d) Six Year Transportation Improvement Plan Commercial Avenue Extension: 1. Agenda Report from Robert J. Alberts, Public Works Director dated February 3,2009. 2. Six Year Transportation Improvement Plan. 3. Vicinity Map. To approve the amendment to include Commercial Avenue Extension to the Six Year Transportation Improvement Plan. (e) Resolution No. 3139, a Resolution authorizing the sale of forfeiture/unclaimed asset property surplus to city needs. 1. Agenda Report from Debbie Clark, City Clerk dated January 30, 2009, 2. Memorandum from David Renzelman, Crime Specialist/Evidence Technician. 3. Proposed Resolution. To approve Resolution No. 3139, authorizing the sale of seized/asset forfeiture property considered surplus to city needs. *(f) Resolution No. 3140, a Resolution accepting work performed by Sierra Electric, Inc., under contract for the 2006 Miscellaneous Traffic Signal Improvements,Project No. 06-4-01. 1. Agenda Report from Michael McShane, City Engineer dated February 5, 2009. 2. Resolution. To approve Resolution No. 3140, accepting the work performed by Sierra Electric, Inc., under contract for the 2006 Miscellaneous Traffic Signal Improvements,Project No. 06-4-01. Regular Meeting 2 March 2,2009 *(g) Resolution No. 3141, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of the East/West Alley in Block 5, Steffin's Amended Addition. 1. Agenda Report from David I. McDonald, City Planner dated February 24, 2009. 2. Vicinity Map. 3. Proposed Resolution. 4. Vacation Petition. To approve Resolution No. 3141, setting 7:00 p.m., Monday, April 6, 2009 as the time and date to conduct a public hearing to consider the proposed vacation of that portion of the East/West Alley in Block 5, Steffin's Amended Addition. *(h) Resolution No. 3142, a Resolution of the City of Pasco, Washington, relating to Local Improvement District No. 144; rescheduling the time and place for hearing on the final assessment roll for the Local Improvement District; and, directing that notice thereof be given in the manner required by law. 1. Agenda Report from Doyle L. Heath,Utility Engineer dated February 25, 2009. 2. Resolution. 3. Vicinity Map. To approve Resolution No. 3142, setting 7:00 p.m., Tuesday, April 6, 2009 as the time and date to conduct a public hearing to consider the Final Assessment Roll for LID No. 144. (RC) 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) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Q*(a) Street Vacation: A portion of Montana Avenue(MIT#VAC09-003): 1. Agenda Report from David I. McDonald, City Planner dated February 24, 2009. 2. Vicinity Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. ,an Ordinance vacating a portion of Montana Avenue. MOTION: I move to adopt Ordinance No. , vacating a portion of Montana Avenue and, further, authorize publication by summary only. Q*(b) Easement Vacation: the North/South Easement in Lot 3,BSP 2005-04 (MF#VAC09-001): 1. Agenda Report from David I. McDonald, City Planner dated February 24, 2009. 2. Vicinity Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating the North/South Easement in Lot 3, Binding Site Plan 2005-04. MOTION: I move to adopt Ordinance No. , an Ordinance vacating the north/south easement in Lot 3, Binding Site PIan 2005-04 and, further, authorize publication by summary only. Regular Meeting 3 March 2, 2009 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco, Washington relating to the Abatement of Property located at 827 South Elm Street, owned by KF, Inc., and Implement and Adopt the Powers Authorized by RCW 35.80 for Abatement. 1. Agenda Report from Gary Crutchfield, City Manager dated February 20,2009. 2. Vicinity Map. 3. Memorandum from City Attorney to City Manager dated 2/18109. 4. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , authorizing abatement of property at 827 S. Elm Street. (b) Ordinance No. an Ordinance amending PMC Chapter 17.13 dealing with Off- Premise Signs. 1. Agenda Report from David I. McDonald,City Planner dated January 28,2009. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , an Ordinance amending PMC Chapter 17.13 dealing with off-premise signs and, further, authorize publication by summary only. Q*(c) Ordinance No. , an Ordinance of the City of Pasco, Washington amending the Zoning Classification for a parcel located in a portion of the Southeast Quarter of Section 30, Township 9 North,Range 29 East WM., from R-1 (Low Density Residential) to C-1 (Retail Business). 1. Agenda Report from David 1. McDonald, City Planner dated February 24,2009. 2. Proposed Rezone Ordinance. 3. Planning Commission Report. 4. Planning Commission Minutes dated 2/19/09. MOTION: I move to adopt Ordinance No. , granting a rezone for the Franklin County PUD property on West Clark Street from R-1 to C-1 as recommended by the Planning Commission and, further,to authorize publication by summary only. Q*(d) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of a Columbia Basin College Research Farm in the 4100 block of Argent Place. 1. Agenda Report from Shane O'Neill, Planner I dated February 24, 2009. 2. Report to Planning Commission. 3. Planning Commission Minutes dated 1115/09 and 2/19109. 4. Proposed Resolution. MOTION: I move to approve Resolution No. approving the Special Permit for the location of the CBC Research Farm in the 4100 block of Argent Place, as recommended by the Planning Commission. 9. UNFINISHED BUSINESS: (none) 10. NEW BUSINESS: (a) Process Water Reuse Facility Irrigation Pivot: 1. Agenda Report from Robert J. Alberts, Public Works Director dated February 18, 2009. 2. Bid Summary. 3. Vicinity Map. (RC) MOTION: I move to award the low bid for the Process Water Reuse Facility Irrigation Pivot, Project No. 09-7-02 to Valmont Northwest in the amount of$86,357.98 plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. (b) Amendment No. 1 to Professional Services Agreement Amendment with CH2MHill: 1. Agenda Report from Robert J. Alberts, Public Works Director dated February 18, 2009. 2. Amendment No. 1 to Professional Services Agreement. MOTION: I move to approve Amendment No. 1 to the July 21, 2008 Professional Services Agreement with CH2MHil1 authorizing additional engineering services not to exceed $115,000 and, further, authorize the Mayor to sign the agreement. Regular Meeting 4 March 2, 2009 (c) Heritage Center Rail Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated February 6, 2009. 2. Vicinity Map. 3. Proposed Rail Agreement (Council packets only; copy available in the City Manager's office,the Pasco Library or on the city's website at www.pasco-wa.gov). MOTION: I move to approve the Heritage Center Rail Agreement with the Port of Pasco and Columbia East LLC and, further, authorize the City Manager to sign the Agreement. (d) Professional Services Agreement with JUB Engineers,Inc.: 1. Agenda Report from Robert J. Alberts, Public Works Director dated February 3, 2009. 2. Professional Services Agreement. 3. Vicinity Map. MOTION: I move to approve the Professional Services Agreement with JUB Engineers, Inc., authorizing engineering services on a lump sum basis of $103,000 for the Pasco-Kennewick Cable Bridge Waterline Crossing and, further,authorize the Mayor to sign the agreement, *(e) Award 2009 Crack Seal,Project No. 09-3-03: 1. Agenda Report from Michael McShane, City Engineer dated February 25, 2009. 2. Bid Summary. 3. Vicinity Map. (RC) MOTION: I move to award the low bid for the 2009 Crack Seal, Project No. 09-3-03 to Stripe Rite, Inc., in the amount of $56,064.05 and, further, authorize the Mayor to sign the contract documents. *(f) Replacement of AC Water Line(Airport),Project No. 06-2-03: 1. Agenda Report from Michael McShane, City Engineer dated February 25,2009. 2. Bid Summary. 3. Vicinity Map. (RC) MOTION: I move to award the low bid for the Replacement of AC Water Line (Airport), Project No. 06-2-03 to Apollo, Inc., in the amount of$783,451.82, plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. *(g) 2008 Street Reconstruction,Project No. 08-3-01: 1. Agenda Report from Michael McShane,City Engineer dated February 11,2009. 2, Bid Summary. 3. Vicinity Map. (RC) MOTION: I move to award the low bid for the 2008 Street Reconstruction, Project No. 08-3-01 to A&B Asphalt, Inc., in the amount of$651,405.88 and, further, authorize the Mayor to sign the contract documents. *(h) Volunteer Park Pavilion Concrete Platform: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated February 10, 2009. 2. Project Location Map. MOTION: I move to ratify the City Manager's award of the contract for the Volunteer Park Pavilion Concrete Platform project, to the low bidder, Bachtel Construction in the amount of $33,573.00, including sales tax. 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 Regular Meeting 5 March 2, 2009 REMINDERS: 1. 1:30 p.m., Monday, March 2, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; AL YENNEY,Alt.) 2. 12:00 p.m., Wednesday, March 4, 2601 N. Capitol Avenue—Franklin County Mosquito Control District Board Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; AL YENNEY,Alt.) 3. 5:30 p.m., Thursday, March 5, Parks &Rec. Classroom—Parks &Recreation Advisory Council Meeting. (COUNCILMEMBER REBECCA FRANCIK,Rep.; MIKE GARRISON, Alt.) 4. 9:30 a.m.,Friday,March 6,KONA—KONA Mayor's Report. (MAYOR JOYCE OLSON) MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 2, 2009 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, 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; Denis Austin, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated January 20, 2009. (b) Bills and Communications: To approve General Claims in the amount of$321,738.99 ($342.00 consisting of Claim Warrants numbered 169863 through 169864, $12,179.28 consisting of Claim Warrant numbered 169866 and, $309,217.71 consisting of Claim Warrants numbered 169868 through 169942). (2008 EXPENSES) To approve General Claims in the amount of$637,943.15 ($62,883.03 in the form of Wire Transfer Nos. 5137 and 5140, $22,269.00 consisting of Claim Warrant numbered 169865, $16,550.17 consisting of Claim Warrant numbered 169867, and$536,240.95 consisting of Claim Warrants numbered 169943 through 170104). (2009 EXPENSES) To approve Payroll Claims in the amount of$2,548,636.34, Voucher Nos. 39195 through 39302; and EFT Deposit Nos. 30027677 through 30028473. (c) Animal Shelter Building Review Committee: To approve participation in the Animal Control Authority facility planning committee and confirm the Mayor's appointment of Bob Hoffmann and A] Yenney to represent Pasco. (d) Resolution No. 3133, a Resolution adopting the name of"Desert Dunes Park" for the new park located on Cathedral Drive. To approve Resolution No. 3133, adopting the name of"Desert Dunes Park" for the new park located on Cathedral Drive as recommended by the Park and Recreation Advisory Council. (e) Resolution No. 3134, a Resolution accepting work performed by A&B Asphalt, Inc., under contract for the Reconstruction of Alley Approaches (Phase 1), Project No. 47-3-04. To approve Resolution No. 3134, accepting the work performed by A&B Asphalt, Inc., under contract for the Reconstruction of Alley Approaches (Phase 1), Project No. 07-3-04. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 2, 2009 (f) Resolution No. 3135, a Resolution fixing the time and date for a public hearing to consider the Vacation of a portion of Montana Avenue. To approve Resolution No. 3135, setting 7:00 p.m., Monday, March 2, 2009 as the time and date to conduct a public hearing to consider the proposed vacation of that portion of Montana Avenue between Blocks 15 and 16, Frey's Addition. (g) Cancellation of Business Meeting: To cancel the February 17, 2009 Business Meeting. 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. Watkins attended the grand opening of Viera's Bakery on Burden Blvd. and testified in Olympia for the Public Facilities District legislation. Mr. Larsen attended the Emergency Medical Service Board Meeting. Mr. Garrison, Ms. Francik, Mr. Yenney, Mr. Larsen and Mayor Olson reported on the Annual Employee Awards Banquet. Mayor Olson attended the TRIDEC Regional Outlook Forum at TRAC and reported on her meeting with Richland Mayor John Fox and Kennewick Mayor Tom Moak. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3905, an Ordinance of the City of Pasco, Washington amending Section 3.132 entitled "Transportation Impact Fees." Council and staff discussed the details of the proposed amendment. Ms. Renee Dahlgren, representing the Home Builders Assoc. of Tri-Cities, summarized their opposition to the increase of any impact fees. MOTION: Mr. Watkins moved to adopt Ordinance No. 3905, amending Chapter 3.132 entitled "Transportation Impact Fees"with an effective date of March 1, 2009 and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried 6-1. No —Hoffinann. Resolution No. 3136, a Resolution entering into a Development Agreement with the Port of Pasco. Council and staff discussed the details of the proposed agreement. MOTION: Mr. Watkins moved to approve Resolution No. 3136, approving the Development Agreement between the city and the Port of Pasco and, further, authorize the Mayor to sign the Agreement. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. Resolution No. 3137, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for modifications to the Captain Gray Annex at 1102 N. 10th Avenue. MOTION: Mr. Watkins moved to approve Resolution No. 3137, approving a Special Permit for the modifications at the Captain Gray School Annex as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 2, 2009 Resolution No. 3138, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of the Children's Learning Center in the Bethany Worship Center at 1730 W. Park Street. MOTION: Mr. Watkins moved to approve Resolution No. 3138, approving a Special Permit for the location of the Children's Learning Center in the Bethany Worship Center at 1730 W. Park Street, as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: The Transpo Group Downtown Mobility Study: Council and staff discussed the details of the study. MOTION: Mr. Watkins moved to approve the January 2009 Downtown Mobility Study prepared by The Transpo Group. Mr. Garrison seconded. Motion carried 6-1. No— Hoffmann. I-182/Road 68 Options Feasibility Study: MOTION: Mr. Watkins moved to approve the January 20, 2009 I-182/Road 68 Options Feasibility Study prepared by The Transpo Group. Mr. Garrison seconded. MOTION: Mr. Yenney moved to amend the motion stating that no curb will be installed on Burden Blvd. near Rd. 68 without Council approval. Mr. Larsen seconded. Motion carried unanimously. Original motion, as amended, carried unanimously. Raw Water Pumphouse Roof Replacement Project No. 08-2-05: MOTION: Mr. Watkins moved to award the bid for the Raw Water Pumphouse Roof Replacement Project No. 08-2-05 to Vincent Brothers in the amount of$129,994.00 plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. Baseball Stadium Scoreboard Project: MOTION: Mr. Watkins moved to accept the proposal of Daktronics for the GESA Stadium Electronic Scoreboard Replacement project in the amount of$139,820.00, including sales tax and, further, authorize the City Manager to sign the contract documents. Mr. Garrison seconded. Motion carried unanimously. Volunteer Park Pavilion Concrete Platform Project No. CDBG 08-007-A: MOTION: Mr. Watkins moved to reject the bids received for the Volunteer Park Pavilion Concrete Platform Project No. CDBG 08-007-A and, further, authorize staff to re-bid the project. Mr. Garrison seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Yenney inquired about the status of staffs report to Council regarding the McNary Shoreline Management Plan. Mr. Crutchfield announced that Mr. Strebel, Administrative and Community Services Director, will be appointed Deputy City Manager as soon as his current position is filled. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 2, 2009 ADJOURNMENT: There being no further business, the meeting was adjourned at 8:14 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 2nd day of March, 2009. 4 CITY OF PASCO Council Meeting of: March 2, 2009 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the under5'gped, do hereby certify under penalty of perjury that the materials have been furnished, the services ren r or th or pe med as described herein and that the claim is a just, due and unpaid obligation gaj st t city and that are authorized to authenticate and certify to said claim. Gary C tchfield, 0r anageV James W. C , 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 Check No.s 170105 through 170106 are approved for payment in the amount of$33,130.02, that Check No. 170108 through 170130 are approved for payment in the amount of$105,241.87,that check No. 170343 is approved for payment in the amount of$13,547.47,that Check No.s 170345 through 170347 are approved for payment in the amount of$3,144.35,for a combined total of$155,063.71 on this 2nd day of March, 2009. Counciimember Councilmember SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 0.00 Judicial 548.00 Executive 1,697.00 Police 1,741.48 Fire 1,643.50 Administration & Community Services 28,200.97 Community Development 33,006.01 Engineering 2,267.29 Non-Departmental 4,32222 Library 0.00 TOTAL GENERAL FUND: 73,426.47 STREET 9,278.15 C. D. BLOCK GRANT 225.00 KING COMMUNITY CENTER 1,732.80 AMBULANCE SERVICE 194.40 CEMETERY 0.00 ATHLETIC PROGRAMS 78.98 SENIOR CENTER 4,332.00 CAPITAL IMPROVEMENT 12,285.00 RIVERSHORE TRAIL&MARINA MAIN 0.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 0.00 PARKS FUND 0.00 TRAC DEVEL& OPERATING 0.00 STADIUM/CONVENTION CENTER 0,00 METRO DRUG TASK FORCE 0.00 METRO DRUG FORFEITURE FUND 0.00 GENERAL CONSTRUCTION 0,00 WATERISEWER 28,132.00 EQUIPMENT RENTAL- OPERATING 1,090.00 EQUIPMENT RENTAL- REPLACEMENT 0.00 PUBLIC FACILITIES DIST 21,469.32 CENTRAL STORES 0.00 FIRE PENSIONS 0,00 PAYROLL CLEARING 2,819.59 LID CONSTRUCTION 0.00 GRAND TOTAL ALL FUNDS: $ 155,063.71 2008 EXPENSES 3(b).1 CITY OF PASCO Council Meeting of; March 2,2009 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned,do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligation against the city and that we are authorized to authenticate and certify to said claim Gary Crutchfield, City Manager James W. GKase, 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 5147, 5150, 5156 and 5160 in the amount of$173,295.25, have been authorized;that Check No. 170107 is approved for payment in the amount of$17,552.11,that Check No.s 170131 through 170342 are approved for payment in the amount of$691,848.85,that Check No. 170344 is approved for payment in the amount of $36,540.79,that Check No.s 170348 through 170543 are approved for payment in the amount of$1,137,062.50 for a combined total of$2,056,299.50 on this 2nd day of March,2009- Councilmember Councilmember SUMMARY OF CLAIMS[WIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 3,169.07 Judicial 16,411.81 Executive 4,481.58 Police 370,922.97 Fire 23,739.10 Administration&Community Services 105,84873 Community Development 21,254.38 Engineering 33,852.56 Non-Departmental 128,825.19 Library 104,224.15 TOTAL GENERAL FUND: 812,729.54 STREET 51,919.05 C. D. BLOCK GRANT 39.49 KING COMMUNITY CENTER 18,658.10 AMBULANCE SERVICE 22,328.59 CEMETERY 7,011.21 ATHLETIC PROGRAMS 4,843.00 SENIOR CENTER 12,100.09 MULTI MODAL FACILITY 4,577.79 RIVERSHORE TRAIL& MARINA MAIN 225 16 LITTER CONTROL 2,191.05 REVOLVING ABATEMENT 1,377.18 TRI CITY ANIMAL CONTROL 45,762.14 TRAC DEVEL&OPERATING 12,500.00 STADIUMICONVENTION CENTER 7,443.06 SPECIAL ASSESSMNT LODGING 12,173.94 LID GUARANTY 13.00 METRO DRUG TASK FORCE 27,358.03 METRO DRUG FORFEITURE FUND 3,118.16 GENERAL CONSTRUCTION 4,475.50 WATER/SEWER 662,355.97 EQUIPMENT RENTAL-OPERATING 41,468.49 EQUIPMENT RENTAL-REPLACEMENT 365.37 MEDICAL/DENTAL INSURANCE 206,678.92 CENTRAL STORES 2,011.76 FIRE PENSIONS 7,743.96 PAYROLL CLEARING 83,525.07 LID CONSTRUCTION 1,185.88 PUBLIC FACILITIES DIST 120.00 GRAND TOTAL ALL FUNDS: $ 2,056,299.50 2009 EXPENSES 3(b).2 CITY OF PASCO Council Meeting of: Payroll Approval March 2, 2009 The City Council City of Pasco Franklin County,Washington The folio g is a summary of payroll claims against the City of Pasco for the month of February 20ZD. Mrutch ch ar esen herewith for your review and approval. Ga i , it anager James W. Ch , 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. 39303 through 39379 and EFT deposit No's. 30028474 through 30029009 and City contributions in the aggregate amount of$1,816,612.05 are approved for payment on this 2nd day of March 2009. Council member Council member SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 6,770.21 Judicial 70,642.20 Executive 53,488.71 Police 543,319.80 Fire 260,828.55 Administrative&Community Services 219,281.48 Community Development 66,058.18 Engineering 79,431.87 TOTAL GENERAL FUND 1,299,821.00 CITY STREET 38,642.37 BLOCK GRANT 9,451.70 MARTIN LUTHER KING CENTER 6,494.30 AMBULANCE SERVICE FUND 120,764.32 CEMETERY 9,066.00 ATHLETIC FUND 5,051.43 SENIOR CENTER 13,263.64 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 8,807.88 WATER/SEWER 280,322.80 EQUIPMENT RENTAL-OPERATING 24,926.61 GRAND TOTAL ALL FUNDS $ 1,816,612.05 Payroll Summary Net Payroll 825,695.36 Employee Deductions 558,653,21 Gross Payroll 1,384,348.57 City of Pasco Contributions 432,263.48 Total Payroll $ 1,816,612.05 3(b).3 AGENDA REPORT FOR: City Council DATE: February 11,2009 TO: Gary Crutchfi anager REGULAR: March 2,2009 Stan S el,A m istrative&Community Services Director FROM: Ji Chas inance Manager SUBJECT: B DE T WRITE-OFFS/COLLECTION. I. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move 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 $169,134.41 and, of that amount, authorize$120,978.00 be turned over for collection. III. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address,or are accounts in"occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE -These are all delinquent non-criminal and criminal fines,and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 6. GENERAL These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 7. MISCELLANEOUS- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ .00 .00 .00 Ambulance $ 48,156.41 .00 48,156.41 Court A/R $ .00 116,808.00 116,808.00 Liens $ .00 4,170.00 4,170.00 Cemetery $ .00 .00 AO General $ .00 .00 .00 Miscellaneous $ .00 .00 .00 TOTAL: $ 48,156.41 120,978.00 169,134.41 IV. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).4 AGENDA REPORT TO: City Council February 17, 2009 FROM: Gary Crutchfi 1 , Manager Workshop Mtg.: 2/23/09 Regular Mtg.: 3/2/09 SUBJECT: Appointments to Regional Hotel/Motel Commission I. REFERENCE(S): 1. Letter from Tri-Cities Hotel and Lodging Association dated 2/5/09 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/23 Discussion 3/2 MOTION: I move to appoint Monica Hammerberg (Pasco Red Lion) to complete an unexpired two-year term on the Tri-Cities Regional Hotel/Motel Commission, to expire 8/30/2010. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Pasco, along with the cities of Kennewick and Richland, entered into an interlocal agreement in June 2004 to create a regional "Tourism Promotion Area" (TPA). The TPA is an organization formed as authorized by recent state law to levy special assessments for the use of lodging facilities within the respective area. In the case of the Tri-Cities, all hotels/motels within the boundaries of the three cities are required to collect from users of their facilities the fee of $1.50 for each room night used. That fee is remitted by each of the hotels/motels to the state; the state, in turn, distributes the funding back to the respective cities within which it was collected (much like the long-standing 2% hotel/motel tax) and the cities distribute it to the TPA for expenditure in accordance with the business plan and budget established by the Regional Hotel/Motel Commission. B) The Regional Hotel/Motel Commission is established under Section 5 of the Interlocal Agreement. The Commission consists of six voting members; two appointed by each of the three cities from nominees offered by the Tri-City Hotel Lodging Association. Any vacancy is to be filled by the respective city from a list of nominees offered by the Association. C) Pasco's appointment, Hermann Haastrup, has recently moved from the area and has been replaced at the Pasco Red Lion by Ms. Monica Hammerberg, D) The Tri-Cities Hotel Lodging Association recommends that Monica Hammerberg (manager of the Pasco Red Lion)be appointed. V. DISCUSSION: A) Mayor Olson recommends that City Council appoint Ms. Hammerberg as recommended by the Tri-Cities Hotel Lodging Association, without interview. 3(c) FED a 2oog C!, l ly Iili P40 BOX 2039 Richland, WA 99352 February 5, 2008 Mr. Gary.Crutchfield Third Floor 525 N. Third Ave Pasco, WA 99301 Dear Mr. Crutchfield: This letter is in reference to the Pasco TPA Commissioner position, currently held by Hermann Haastrup from the Pasco Red Lion. Hermann moved out of the area and was replaced by Monica Hammerberg. The Tri-Cities Hotel & Lodging Association has nominated Pasco Red Lion General Manager Monica Hammerberg to serve the remainder of Hermann's term on behalf of Pasco as our first choice. General Manager Amy Riner from the Holiday Inn Express & Suites in Pasco was nominated as the alternate candidate. If you have any questions regarding this issue, please do not hesitate to contact me at 509-942-9400. ASinrel re Tri-Cities Hotel & Lodging Association Cc Kris Watkins—President CEO Tri-Cities Visitors&Convention Bureau Monica Hammerberg—General Manager, Red Lion Pasco Amy Riner—General Manager, Holiday Inn Express&Suites AGENDA REPORT NO. 11 FOR: City Council February 3, 2009 TO: Gary Crutchfiel Manager FROM: Robert J.e , Public Works Director Workshop Mtg.: 02/09/09 Regular Mtg.: 03/02/09 SUBJECT: Discussion of Six-Year Transportation Improvement Plan Commercial Ave. Extension 1. REFERENCE(S): 1. Six Year Transportation Improvement Plan 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 02109: Discussion: 03/02: MOTION: I move to approve the amendment to include Commercial Avenue Extension to the Six Year Transportation Improvement Plan. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Each year, agencies prepare their Six Year Transportation Improvement Plan (STIP):which is adopted by the end of June yearly. Any changes to the STIP need to be presented to City Council for approval. V. DISCUSSION: A) The City of Pasco was requested to submit projects through the Benton Franklin Council of Governments to be added to the original list of projects being submitted for the federal stimulus package. The City submitted two projects to be considered; Powerline Road and Commercial Avenue Extension. Powerline Road was included in the 2009 -- 2014 STIP adopted on July 7, 2008, however Commercial Avenue Extension was not. Staff recommends that Commercial Avenue Extension be added to the STIR Commercial Avenue will be extended from Foster Wells Road south, approximately one mile. The road is estimated at $800,000 and utilities are estimated at $600,000. Installation of utilities will be included at time of construction, which would be the City's contribution. 3(d) /\ ƒ}2\ § o ±« k k � � ■ -0 & t e v IN 2 2 W� 2 k § 2 Z _ g ; 2 -F- a > % $ 2 ; C / �� � n C 2 2 U) ■ E c ? 0 Co 0 / mz — w 2 w , f It ■ .. 2 f = 2 § 2 e 2 � ■ J \ § � % ■ LL — 2 kk = x a a LL . 0 $ § k 3LL 2 E ■ ) r |- © C k! _ k 2 & U. �)3 2 f to / k )k/ ° a ` « ■ �G © J { sopo3 Amin mUSI lelo! 7 _qs tn a 3 c, a ___d - G | ) ) ! a ) k , m ■ 2! / k0 E LL ; LL ro 2'n § 2 K $ # ( \ f ) &§ i � � ) ; wz & ■ ] . 22 � 22 1t772§ = aa CD kI2i2 } k� �Cli gm )§ k! 0 0 ; � a. m § a § | 27 | C e =� / ƒ� do � � ; Ek- LL 2 555 . wm . & ; ; A! and m k @ z f _g \ d § Ate. } %- JJI ri IL s Ao it • i 3� O op +� `•.�.� '-t f.F..r.�# �1f1•ft� F f 'E .S.i' I f��' AGENDA REPORT FOR: City Council January 30, 2009 TO: Gary Crutchfi jin Manager W/Shop Mtg.: 02/09/098 Stan Strebel, istrative& Co gnity ces Director Regular Mtg.: 03/02/09 FROM: Debbie Clark, City Clerk SUBJECT: A resolution authorizing the disposal of surplus property. I. REFERENCE(S): I. Memorandum from David Renzelman, Crime Specialist/Evidence Technician 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/09: Discussion 3/02: Motion: I move to approve Resolution No.3/6 authorizing the sale of seized/asset forfeiture property considered surplus to City needs. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The Police Department has acquired seven (7) weapons through seized/asset forfeiture. The weapons have been processed through the Police Department and are now available for disposal through a Licensed Federal Firearms Dealer. In addition to the weapons, the Police Department has acquired one (1) hand held Ski] Saw (no serial #) with an estimated value of less than $20, The weapons and hand held saw are considered surplus to City needs. B) No minimum price is suggested for each weapon or the hand held saw. Staff requests Council to declare the weapons and saw surplus to City needs, and authorize staff to sell all items at auction. The weapons will only be sold by a Federal Licensed Firearms Dealer to other Licensed Firearms Dealers for a price that is in the best interest of the City. C) Staff proposes to have the auction consigned to H.A. Rowell Auctioneers, Licensed Firearms Dealer for a 25% commission on the gross proceeds from the sale with no charge for transporting the items to auction or advertisement thereof. Staff has been made aware that H.A Rowell Auctioneers currently has a weapons auction scheduled for March 2009, staff would recommend the inclusion of the above referenced weapons for auction. D) In comparison with other auctioneers, this proposal is most advantageous to the City. 3(e) Pasco Police 1 Seizure 1 Asset Forfeitures Evidence Inventory Disposition Request 30 January 2009 Below is a weapon listing that has been approved by the ISD, SSD Captains and the Chief of Police for disposal as excess property. The value of each weapon described below is less than $200. 1 request these weapons be classified as surplus equipment and disposed of through Auction by a Licensed Federal Firearms Dealers. Said weapons will only be sold by a Federal Licensed Firearms Dealer to other Licensed Firearms Dealers. In addition to the foregoing, Pasco Police has surplused a hand held Ski[ Saw (no serial #) estimated to be of a value less than $20 and request that it be approved for auction with the foregoing. CF # BC # Make Model Caliber Serial # 0743877 411916 Wesson Arms Revolver .44 44SO03081 0743262 411561 AutoMag Arcadia Ma Semi-Automatic Pistol .22 M21789 411571 Savage Semi-Automatic Rifle .17 0700181 411573 Mossberg & Sons Shotgun 12 Gauge P655196 0746765 451692 Remington Semi Automatic Rifle 30-06 A7355349 (Woodmaster) 0851106 45477 Sturm Ruger Semi Automatic Pistol 9mm 301-05458 0743111 41128 Smith & Wesson Revolver .44 CDJ3482 David Renzelman, Crime Specialist Certified Evidence Technician RESOLUTION NO. 3 13CI A RESOLUTION authorizing the sale of forfeiture/unclaimed asset property surplus to City needs. WHEREAS, there are certain items of forfeiture/unclaimed asset property acquired by the Pasco Police Department and property is surplus to City needs; and; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The items of forfeiture/unclaimed asset property include one (1) hand held Skil Saw (no serial #) and weapons as listed below, are declared surplus property and city staff is authorized to sell such property at public auction. Weapons will be sold through a Licensed Federal Firearms Dealer to other Licensed Firearms Dealers: CF# BC # Make Model Caliber Serial# 0743877 411916 Wesson Arms Revolver .44 44SO03081 0743262 411561 AutoMag Arcadia Ma Semi-Automatic .22 M21789 411571 Savage Pistol .17 0700181 411573 O F Mossberg & Sons Semi-Automatic Rifle 12 Gauge P655196 Shotgun 0746765 451692 Remington Semi Automatic Rifle 30-06 A7355349 (Woodmaster) 0851106 45477 Sturm Ruger Semi Automatic 9mm 301-05458 Pistol 0743111 41128 Smith & Wesson Revolver .44 CDJ3482 SECTION 2: The city staff is hereby authorized to dispose of said surplus property at auction for a price that is in the best interest of the City. PASSED by the City Council of the City of Pasco this day of March, 2009 Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Lee Kerr, City Attorney AGENDA REPORT NO. 5 FOR: City Council February 5, 2009 TO: Gary Crutchfi ager Robert J. Albe s, Xy 1 r s Director FROM: Michael McSh Engineer Regular Mtg.: 03/02/09 SUBJECT: Accept 2006 Miscellaneous Traffic Signal Improvements, Project#06-4-01 1. REFERENCE(S): 1. Resolution H. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 03/02: MOTION: I move to approve Resolution No31g0 accepting the work performed by Sierra Electric, Inc., under contract for the 2006 Miscellaneous Traffic Signal Improvements, Project#06-4-01. III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: A) On June 5, 2006, Council awarded the 2006 Miscellaneous Traffic Signal Improvements, Project#06-4-01 to Sierra Electric, Inc. for$92,710.00. V. DISCUSSION: A) The final project cost was $92,132.50. The work is now complete and staff recommends acceptance of this work, 3(f) RESOLUTION NO.Z 1�0 A RESOLUTION ACCEPTING WORK PERFORMED BY SIERRA ELECTRIC, INC., UNDER CONTRACT FOR THE 2006 MISCELLANEOUS TRAFFIC SIGNAL IMPROVEMENTS, PROJECT#06-4-01 . WHEREAS, the work performed by SIERRA ELECTRIC, INC., under contract for the 2006 Miscellaneous Traffic Signal Improvements, Project #06-4-01, 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 recommendation 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 Sierra Electric, Inc., under contract for the 2006 Miscellaneous Traffic Signal Improvements, Project #06-4-01, 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 2nd day of March, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT FOR: City Council February 24, 2009 TO: Gary Crutchfie y Manager Regular Mtg.: 3/2/09 Rick White, Community & conomic Development Director FROM: David I. McDonald, City Planner -�� SUBJECT: ALLEY VACATION: A portion of the East/West alley in Block 5 Steffin's Amended Addition (MF#VAC09-004) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Vacation Petition II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 3/2: MOTION: I move to approve Resolution No.3 , setting 7:00 p.m., Monday, April 6, 2009, as the time and date to conduct a public hearing to consider the proposed vacation of that portion of the east/west alley in Block 5, Steffin's Amended Addition. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The property owner of Lots 12 and 13 in the Steffin's Amended Addition has petitioned to vacate that portion of east/west alley located between said lots. The vacation is being requested to facilitate future development of said lots by Northwest Ag Products for commercial/industrial purposes. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is April 6, 2009. 3(9) L A. Y r. Ap Ilo PLO �a iY jyX. r-I ct '� e CIO t4 � "�T "' K °A•' R R hie h.•��'�y'�utNa�. k t it• 'b'4 �y }.: h,,t >< T 1. .1>� +S'¢@"k.YT .�" �,. djM l',1•��., ��. 9 []�J�;+ 'r��S• ':::s F� } "' Fes" # :i;. �,,}•.i tik � f :�` t .?�'.h��"Sx;' U O end AVSCINII 4-a a � ~ o moo v � Z U end (INVIIIVIN � o 0 CL CL > O � RESOLUTION NO. %3 A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF THE EAST/WEST ALLEY IN BLOCK 5, STEFFIN'S AMENDED 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, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating that portion of the east/west alley in Block 5, Steffin's amended Addition adjacent to Lots 12 and 13, will be held before the City Council of the City of Pasco in the Council Chambers at, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on April 6, 2009. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 2nd day of March, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney -= FEE $200 CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE # �Oq-(O DATE SUBMITTED: I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following descri ed street/alle rights-of-way: t �. S Ar-S ZZ) 2Zz_SC�_ APPLICANT: PROPERTY OWNED (Legal Description) Print Name: ` Sign N �' x'z v- Address: %14 5.13. -, s r Phone # 31)-3 34,)-- Date,;/150,,` 0 Print Name: Sign Name: Date Print Name: Sign Name: Date AGENDA REPORT NO. 14 FOR: City Council February 25, 2009 TO: Gary Crutchfi 1 Manager Regular Mtg.: 3/2/09 Robert J. Albe s, l mks Director v FROM: Doyle L Heath, Utility Engineerv,4 SUBJECT: Reschedule a Public Hearing on the Final Assessment Roll for Local Improvement District(LID)No. 144—Road 90 and Road 92 north of Sandifer Parkway. I. REFERENCE(S): 1. Resolution 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 03/02: MOTION: I move to approve Resolution No. '314A setting 7:00 p.m., Tuesday, April 6, 2009, as the time and date to conduct a public hearing to consider the Final Assessment Roll for LID No. 144. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) LID 144 was formed by Ordinance No. 3864 at the May 19, 2008 Regular Council Meeting. Resolution No. 3132 was approved on January 20, 2009 setting the Public Hearing date on March 2, 2009. The Notice was not provided to the newspaper to meet the publication deadline. The Notices were not sent to the property owners due to the publication requirements not being met. The Public Hearing now needs to be rescheduled. B) The project included the construction of Road 90 and Road 92 north of Sandifer Parkway approximately 1,300 feet. There are 17 property owners in the Final Assessment Roll. C) The Contractor has completed all of the construction provided for in the LID. The final assessment roll must yet be approved by the City Council, after direct notice to the affected property owners and a public hearing. V. DISCUSSION: A) Staff recommends that the City Council approve this Resolution to reschedule the Public Hearing date for the Final Assessment Roll to April 6, 2009. 3(h) CITY OF PASCO, WASHINGTON RESOLUTION NO. o A RESOLUTION of the City of Pasco, Washington, relating to Local Improvement District No. 144; rescheduling the time and place for hearing on the final assessment roll for the Local Improvement District; and, directing that notice thereof be given in the manner required by law. WHEREAS, the final assessment roll for Local Improvement District No. 144, which was created and established by Ordinance No. 3864 (passed by the City Council on May 19, 2008),has been prepared as provided by law and is on file with the City Clerk; and WHEREAS, Resolution 3132, adopted by the City Council on January 20, 2009, set the date and time for hearing on the final assessment roll for Local Improvement District No. 144 on March 2, 2009 at 7:00 p.m.; and WHEREAS, notice by publication was not timely given as provided by law, and it is therefore necessary to reschedule the date for the hearing thereon before the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, that the hearing on the final assessment roll for Local Improvement District No. 144 will be held before the City Council on April 6, 2009 at 7:00 p.m., local time, in the Council Chambers, City Hall, 525 N. Third Avenue, Pasco, Washington. The City Clerk is instructed to cause notice to be given both by mailing and publication as required by law. ADOPTED by the City Council of the City of Pasco, Washington, at a regular open public meeting thereof on the 2"a day of March, 2009. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 50965433 1 CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby certify as follows. L The attached copy of Resolution No. (the "Resolution") is a full, true and correct copy of an Resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on March 2, 2009, as that Resolution appears on the minute book of the City; and the Resolution will be in full force and effect immediately following its adoption; 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 Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of March, 2009. CITY OF PASCO, WASHINGTON Debra L. Clark, City Clerk 50968433 1 -��. �``• �o o© �°o� © �O�Tio�6d©00��ooip�©g • R.a Q� u� �' �p 00 �... ao uo e; d ee a o"Alm Qo f, vo ao vv .; a � � • 'Op0©ej e0a©eeeeeeee •eeepppp 0 0 ol / 0 01v o' 1 :%r1 , \ PIP � vii! ■ • ooaa�i oov MUR = �r 00000 MV ooao a ; . P ° ° - ' X000 °as�0 °aPC :::: PIN AGENDA REPORT FOR: City Council February 24, 2009 TO: Gary Crutchfield, Cit er Regular Mtg.: 3/2/09 Rick White, Community & Economic Development Director FROM: David I. McDonald, City Planner�- SUBJECT: STREET VACATION: A portion of Montana Avenue (MF#VAC09-003) I. REFERENCE(S): 1. Vicinity Map 2, Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: Conduct Public Hearing: 312: MOTION for Vacation: I move to adopt Ordinance No. an Ordinance vacating a portion of Montana Avenue, and to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Property owners in the Freys Addition have petitioned to vacate that portion of Montana Avenue located between Blocks 15 and 16 of the Freys Addition. The vacation is ,being requested to facilitate future development of said blocks for commercial purposes. B. The City Council set March 2, 2009 as the date to consider the vacation. V. DISCUSSION: A. The proposed street vacation has been reviewed by the City Engineering Department and the utility providers. B, The Franklin County PUD has requested an easement be retained across the northern 10 feet of the proposed vacation area. 7(a) 'k .4firy A 11 ro� _ �y9 �^• •S'�d '".tl o • � i U i , ct rA ilk CIO POO E f- +, 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 MONTANA AVENUE. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City,the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by 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 Montana Avenue from the south right-of-way line of Salt Lake Street to the north right-of-way line of Duluth Avenue between Blocks 15 and 16, Freys Addition, as depicted in Exhibit"I" be and the same is hereby vacated subject to the easement retained in Section 2 below. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the northerly 10 feet of the vacated right-of-way described in Section l above for the construction, repair and maintenance of public utilities and services. Section 3. This ordinance shall take full force and effect five (5) days after approval,passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 2nd day of March, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney r 1 � l , t Ilk L ct 44 ,! 11 ! AGENDA REPORT FOR: City Council February 24, 2009 TO: Gary Crutchfield, City Manager} Regular Mtg.: 3/2 /09 Rick White, K� Community & Economic Development Director FROM: David I. McDonald, City Planner P71-4— SUBJECT: EASEMENT VACATION: The North/South easement in Lot 3, BSP 2005-04 (MF# VAC09-001) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance B. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: Conduct Public Hearing: 312: MOTION for Vacation: I move to adopt Ordinance No. an Ordinance vacating the north/south easement in Lot 3, Binding Site Plan 2005-04, and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of Cousins' Restaurant have petitioned to vacate a utility easement in the parking lot along the east side of the restaurant. The easement has not been used by the restaurant or Columbia River Bank. All utilities are located in other easements. The location of the easement hinders potential future expansion of the restaurant. B. The City Council set March 2, 2009 as the date to consider the vacation. V. DISCUSSION: A. The proposed easement vacation has been reviewed by the City Engineering Department and the utility providers. No utilities are located in the easement and there is no need to retain the easement for future utility needs. 7(b) x r �s I r 1 % Y t � � �• F ; nom' .4 p e +. so ct IINNO GO ct ct ct t4 • M+ •POO `1 :� WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING THE NORTH/SOUTH EASEMENT IN LOT 3, BINDING SITE PLAN 2005-4. 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 easements; and WHEREAS, all steps and procedures required by law to vacate said easement have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That all of the north/south easement located in Lot 3, Binding Site Plan, as depicted in Exhibit"1" be and the same is hereby vacated. Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 2'd day of March, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT TO: City Council February 20, 2009 FROM: Gary Crutchfi Manager Workshop Mtg.: 2/23/09 Regular Mtg.: 312/09 SUBJECT: Abatement at 8 7 S. Elm Street I. REFERENCE(S): 1. Vicinity Map 2. Memorandum from City Attorney to City Manager dated 2/18/09 3. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 2/23: Discussion 3/2: MOTION: 1 move to adopt Ordinance No. , authorizing abatement of property at 827 S. Elm Street. III. FISCAL IMPACT: Approximately$90,000; abatement fund; recoverable via abatement lien. IV. HISTORY AND FACTS BRIEF: A) The property surrounding the old meat packing plant at 827 S. Elm Street (approximately 20 acres) has been in a poor state of maintenance for several years and getting worse over time. The acreage now contains several hundred bales of rotting hay as well as hundreds of tires and other discarded items. Some outbuildings are dilapidated beyond repair and represent safety hazards. The accumulation represents a health and safety hazard to the surrounding neighborhood as well as deterrent to appropriate development of adjacent properties. B) Cities are afforded the opportunity (via RCW 35.80) to abate such property conditions provided the state-prescribed process is utilized (please see reference 2). Use of the procedure afforded by RCW 35.80 permits the city to recover its abatement expenditures by way of a lien on the property that will be second only to taxes. V. DISCUSSION: A) Having complied with all of the statutory procedures and having provided the property owner more than ample opportunity to clean up the subject property, staff recommends Council approval of the recommended action. 8(a) t � d •"' j '' S s `� 1 ''£ F. +�:-'i ••y - sit '�.. y.� ..$ �. ,�� tLLL:::...... - __ . �1 © s Q • - ate•„� t`�w„��:?:P. . �,,,...- to � � �' *�� ��••�'� x O 1 4 ~� t / "� ., '...• • of tir .df"�; `!� ••gip �i+lil#es��'' t '�1�• '..-.'— 2s4 � `” ;fir ,,� y •. II " • +s+ r � � 'r " �" w+ t i•' tr 5'1 .�1 Ly� rl6a�'�v: �,� � .�7:. 'i ai'I f5.+1 lima:{� i, �`, rte,,�:, .� �:. •, ti< 7wW. l ' a' �i�s 2 +"w�!Y ' �^'...,y iri ,,'� '�. :�„ .� . may ��__._....r`;'... , ✓'/.; �'9 �1):�_'. '�� �'„i?ti�:.t:,fv i��i'''°,1n-;�I'YAx�!•1+.!v'!4i�..?.'i� �••�Ti. ;-h.,'. pf F}:•!' .�.�..,�..2'�„s�,y,l''•tt:`'..!` % A OU }� a e Alp 1{`IYI Y'3��1'' F ''t i � •''- ''"''�r� lJ ��-r�� t�°Mr }.P'a ox r t ��i ""ff S'''. fir'; �`, °� .. .- - "• �'�°-�`':..`"^, - ..ter,. ..o-:$Sn '1!.`°.i ?t► a ... 1! .,.,vY■,.aYti ��•-.. `.:'�Ia `�:.. KERR LAW GROUP 7025 West Grandridge Blvd., Suite A Kennewick, Washington 99336-7724 (509) 735-1542 MEMORANDUM TO: Gary Crutchfield, City Manager City of Pasco FROM: Bronson J. Brown Attorney at Law DATE: February 18, 2009 RE: KF, Inc. Ordinance For several years now, there have been serious concerns regarding the property located at 827 South Elm Street, which is owned by KF, Inc. Since 2006, this property has been subject to numerous code violations and the building and structures on the property constitute a hazard to the health and welfare of the citizens of the City of Pasco. Abatement has been delayed by bankruptcy, foreclosure actions and lack of cooperation by the owner. RCW 35.80 authorizes the City to adopt an ordinance for the abatement of properties. The proposed Ordinance meets the requirements outlined in RCW 35.80, including the findings that: 1. A preliminary investigation was completed and a hazardous nuisance exists. 2. Notice was made to the property owner. 3. Notice was posted on the property. 4. The property owner was notified of a right to a hearing. 5. A complaint was issued by the enforcement officer. 6. The nuisance needs to be abated and the building demolished. 7. The Order of Abatement was served on the property owner and all interested parties via certified mail. 8. The Order of Abatement was filed with the Franklin County Auditor. Gary Crutchfield February 18, 2009 Page 2 The Ordinance also authorizes abatement costs be assessed against the property. The assessment will be entered on the tax rolls against the property for the current year. The assessment is to be paid at the same time .as the other property taxes. The abatement assessment will constitute a lien against the property of equal rank with all State, County and municipal taxes. By adopting this proposed Ordinance, the City may enter the property, remove the hazards, and render it safe, secure and in compliance with City codes. The costs of abatement will be paid from the Revolving Abatement Fund and reimbursed from the proceeds of the tax sale. If you have any questions, please do not hesitate to contact our office. BJB/sla ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Adopting RCW 35.80, Relating to the Abatement of Property Located at 827 South Elm Street, owned by KF, Inc. and Implement and Adopt the Powers Authorized by RCW 35.80 for Abatement. WHEREAS, for several years that have been urgent concerns regarding the property located at 827 South Elm Street, Pasco, Franklin County, Washington (hereinafter referred to as "Property"), and the detrimental effects it has on public health, safety and welfare stemming from unkept, deteriorated and abandoned dwellings, structures, and premises; and WHEREAS, the Property constitutes an immediate and emergent threat to public health and safety; and WHEREAS, RCW 35.80 provides for the abatement of dwellings which are unfit for human habitation, and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, uncleanliness, inadequate light or sanitary facilities, or other conditions which are a hazard to the health and welfare of the residents of the City; and WHEREAS, RCW 35.80 authorizes the City to adopt ordinances and procedures relating to the abatement of the Property; and WHEREAS, it is in the best interest of the City to implement the processes and acquire the powers authorized by Chapter 35.80 RCW to address the conditions which render the building and premises located on Property unfit for human habitation and other uses; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Permissible Ordinance. A. The Pasco Code Enforcement Board (CEB) has been established as the "code improvement board" per the statute, and serves as the appeal board for the abatement of the Property described in Section 6 below. B The Director of Community & Economic Development for the City will work through and with the Inspection Manager and will be in charge of the enforcement of building regulations and activities concerning the dwellings, buildings, structures and premises associated with this abatement. Ordinance—Abatement of KF,Inc. Property- 1 Section 2. Investigation and Complaint A. The City finds that there is a preliminary investigation of the dwelling at the Property that was performed on April 25, 2007, and again on September 3, 2008. B That on October 24, 2008, a notice and complaint was given to the owner of the Property, Kevin Koelzer/KF, Inc., via certified mail; the Order of Abatement was posted in a conspicuous place on the Property; and the Order of Abatement was recorded with the Franklin County Auditor on November 24, 2008. C. Pursuant to the Order of Abatement, the owner of the Property was notified of the right to appeal the decision, the right to a hearing within twenty-one (21) days, and the right to answer the abatement and appear at the hearing to give testimony. D. Property owner failed to request or appear at a hearing to contest the complaint for Order of Abatement. Section 3. Officer Findings. A. The appointed public officer, the Director of Community & Economic Development, finds that the Property is unfit for human habitation, and that the conditions are such that the building is dangerous and injurious to the health and safety of any occupants and no occupants of neighboring dwellings and residents of the City. B. The officer finds the following conditions: 1) The structural strength and/or stability of the structure or any portion thereof are less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. 2) Substantial portions of the building are likely to fail, or to become detached or dislodged, or to collapse and, thereby, injure persons or damage property. 3) More than 30% of the building supports, exclusive of the foundation, have been damaged by vandalism, rot, decay and weathering. 4) The unsecured and abandoned premises and building are a harbor for vagrants, criminals or other persons, and has the potential of enabling persons to resort thereto for the purpose of committing unlawful or immoral acts. 5) The building presently has in any non-supporting part, member, or portion, less than 50% of the strength, fire resisting qualities or characteristics, or weather resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. The building presently has in it supporting parts, members or portions, less than 66% of the strength, fire resisting qualities or characteristics, or weather resisting qualities or characteristics Ordinance—Abatement of KF,Inc.Property-2 required by law or in the case of a newly constructed building of like area, height and occupancy in the same location. 6) The building and premises have been determined by the Building Official, because of its abandoned, dilapidated condition, deterioration and damage to be unsanitary and unfit for human habitation. 7) The building and premises, due to their dilapidated condition, deterioration, and accumulated combustible material have been determined by the Fire Marshal to be a fire hazard. 8) The unsecured building and premises have been and continue to be damaged by vandalism so as to constitute an attractive nuisance or hazard to the public. 9) All building and premises maintenance and reconstruction efforts have been abandoned for a period exceeding 12 months (1 year). 10) Due to the immediate and emergent threat to the public health, safety and welfare, and to the environment created by the condition of the abandoned building, structure and premises shall be abated as follows: a) All structures shall be vacated and secured from casual and unauthorized entry. b) All junk vehicles, vehicle parts,junk, trash, combustible debris and hay shall be removed. C) All structures shall be demolished and removed. Section 4. Notice of Intent to Abate. The officer has determined that the Property owner, and others in interest, has failed to abate within the required timelines. On December 2, 2008, the Inspection Services Manager served a Notice of Intent to Abate on Property owner and all interested parties via certified mail. Section 5. Order of Abatement. The officer is now authorized to abate the subject Property and take the following actions: A. Demolish and remove all dilapidated accessory structures, remove all junk vehicles, vehicle parts,junk, trash, combustible debris, weeds and hay. B. Secure the primary structure from casual entry and remove all gang graffiti. C. Assess all abatement costs, estimated in the amount of $90,000.00 as a lien against the subject Property to provide reimbursement of said abatement costs to the City. Ordinance—Abatement of KF,Inc. Property-3 Section 6. Abatement Assessment. A. The amount of costs, repairs, alterations and abatement shall be assessed against the real property legally as follows: Assessor's Parcel Nos.: 112-462-023, 112-461-015, 112-462-014, 112- 461-033, 112-461-024, 112-462-04 and 112-462-069 Parcel A: All of Blocks 1 and 2, ELLIOTT'S ADDITION, according to the plat thereof recorded in Volume "C" of Plats, page 54, records of Franklin County, Washington, AND ALL that portion of Blocks 1, 2, 3, and 4 of Willetta's Addition, according to the plat thereof recorded in Volume "B" of Plats, Page 57, records of Franklin County Washington, TOGETHER WITH that portion of vacated Elm Street, Sycamore Street, Whrokmow Street (nka Waldemar Avenue), Laurel Street and Cedar Street lying North of center line of"B" Street and South of South line of"A" Street and the North half of vacated `B" Street adjoining said Blocks 1, 2, 3 and 4, EXCEPT any portion thereof lying within said Elliot's Addition. Parcel B: Lots 1 through 26, both inclusive and lots 29 through 32, both inclusive, Block 8, Willetta's Addition to Pasco, according to the plat thereof recorded in Volume "B" of Plats, page 57, records of Franklin County, Washington, and Lots 1 through 32, both inclusive, Block 7, Willetta's Addition to Pasco, according to the plat thereof recorded in Volume "B" of Plats, page 57, records of Franklin County, Washington. B. The assessments for abatement costs will be filed with the Franklin County Auditor to be entered as an assessment upon the tax rolls against the above-described property for the current year, and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such a manner as provided for in RCW 84.56.020 for delinquent taxes, and collected to be deposited to the credit of the general fund of the City. The abatement assessment shall constitute a lien against the property which shall be of equal rank with State, County and Municipal taxes. C. City will allocate the funds from the Revolving Abatement Fund for the purposes of accomplishing this abatement. Section 7. Pasco Code Enforcement Board. The appeals commission provided for per RCW 35.80 shall be the Pasco Code Enforcement Board. Ordinance—Abatement of KF,Inc.Property-4 Section 8. Severability. Any section, subsections, paragraphs and other clause or phrase of this Ordinance or any provision of the Pasco Municipal Code established by this Ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or other provisions of the Pasco Municipal Code established by this Ordinance. Section 9. This Ordinance shall take full force and effect five (5) 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 12009, Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Ordinance—Abatement of KF,Inc.Property-5 AGENDA REPORT FOR: City Council January 28, 2009 TO: Gary Crutchfi ' Manager Workshop Mtg.: 2/9/09 Rick White, (2, Regular Mtg.: 3/2/09 Community& conomic Development Director FROM: David I. McDonald, City Planner SUBJECT: Sign Code Amendment(Community Event Regional Signs)(MF#CA08-005) I. REFERENCE(S): A. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/9: DISCUSSION: 3/2 MOTION: I move to adopt Ordinance No. an Ordinance amending PMC Chapter 17.13 dealing with off premise signs and, further, authorizes publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Over the past year, staff has received a number of inquiries about the need for specific signage to promote events at major community facilities used for regional events. People attending regional events often come from outside the community. Unfamiliarity with the community can lead to difficulties in finding regional event facilities. In response to this issue staff with the assistance of the Planning Commission, prepared a draft code amendment that provides language for the location of regional community event signage. B. The Planning Commission held a workshop in November and a public hearing in December of 2008 to consider the proposed code amendment for off-premise signs. The attached December staff memo essentially reflects the information that was provided to the Planning Commission at the November Commission workshop. Therefore, the November memo to the Planning Commission has not been included with this report. V. DISCUSSION: Staff has modified the proposed code amendment to address the concerns raised at the January 26, 2009 workshop. Language has been added to Section 17.13.080 limiting the number of sign faces to two. The special permit review provisions have been removed to eliminate any confusion about the possibility of opening the door for community event regional signs at any location in the city. The proposal as now written provides certainty for the location and design of community event regional signs. If the Council concurs with the recommended code amendment, the proposed ordinance will be placed on the March 2, 2009 agenda for Council action. 8(b) ORDINANCE NO. AN ORDINANCE AMENDING PMC Chapter 17.13 DEALING WITH OFF-PREMISE SIGNS. WHEREAS, cities have the responsibility to regulate and control physical development within their borders and promote the public health, safety and welfare of the community; and, WHEREAS, the Pasco Municipal Code defines a variety of signs including freeway signs that provide regional identification for a group of businesses within a defined business association where said businesses occupy a minimum of 15 acres of land; and, WHEREAS, the Pasco Municipal Code permits business complex signs that identify a business complex with multiple businesses that may or may not be located where the business complex sign is located; and, WHEREAS, the Pasco Municipal Code permits special event signs for community events to be displayed on or off the premises where the event is taking place; and, WHEREAS, Community Event Facilities used for sports events, entertainment, conventions, trade shows and events of region wide interest are functionally similar to regional business complexes and or community event activities that are permitted to have off-premise signage and or large business complex signs; and, WHEREAS, the City Council has determined that to further the purposes of the sign code and the proper identification of community wide events and activities at regional community event centers it is necessary to amend PMC Chapter 17.13; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. That Chapter 17.03 of the Pasco Municipal Code shall be and hereby is amended to include a new subsection 17.03.01 (A)(49.01)to reads as follows: 49.01) SIGN — COMMUNITY EVENT REGIONAL means a sign that identifies events occurring at a regional sports/entertainment/convention/trade facility containing 60 or more acres located within 1,000 feet of a freeway interchange and adjacent a highway of statewide significance. Section 2. That Chapter 17.13 of the Pasco Municipal Code shall be and hereby is amended to include a new subsection to reads as follows: 17.13.080 Community Event Regional Signs. A. Community event regional signs are permitted on public or private property within 1,200 feet of the facility property. Community event regional signs shall not be more than 200 square feet per face; shall contain only two faces; shall not be greater than 50 feet in height and shall be a single pole mount system. Said pole shall be painted gray, tan, light brown or other neutral color as approved by the Community and Economic Development Director. B. Community event regional signs shall only be used for advertising events and activities at the facility and/or non-commercial events of community wide interest. Section 3. This ordinance shall become effective five (5) days after 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 , 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT FOR: City Council February 24, 2009 TO: Gary Crutchfield Manage Regular Mtg.: 312109 Rick White, `l Community & E onomic Development Director FROM: David 1. McDonald, City Planner�� SUBJECT: REZONE - R-1 (Low Density Residential) to C-1 (Retail Business)Franklin County PUD) (1411 W. Clark) (MF#Z 09-001) I. REFERENCE(S): L Proposed Rezone Ordinance 2. Planning Commission Report 3. Planning Commission Minutes: Dated 2/19/09 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/02: MOTION: 1 move to approve Ordinance No. granting a rezone for the Franklin County PUD property on West Clark Street from R-1 to C-1 as recommended by the Planning Commission, and to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On February 19, 2009, the Planning Commission conducted a public hearing to determine whether or not to recommend a rezone from R-1 (Low Density Residential) to C-i (Retail Business) for the Franklin County PUD office located at 1411 West Clark Street. B. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend a change in zoning for the property in question. C. No written appeal of the Planning Commission's recommendation has been received. 8(c) ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION FOR A PARCEL LOCATED IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 9 NORTH, RANGE 29 EAST WM., FROM R-1 (LOW DENSITY RESIDENTIAL)TO C-I (RETAIL BUSINESS). WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS,that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification and (D) the request for change in zoning classification is categorically exempt under the Washington State Environmental Policy Act,NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from R-1 (Low Density Residential)to C-1 (Retail Business) for the real property as shown in the Exhibit"1" attached hereto and described as follows: Lots 2-6, Block 5, Pettits 2nd Addition, less a portion of Lot 2, lying Southerly of the South Line of West Clark Street as said street existed on January 1, 1963; together with the North 250 feet of the South 950 feet of the East 230 feet of the West 270 feet of the West half of the West half of the Southwest quarter of the Southeast quarter of Section 30, Township 9 North, Range 29 East WM. Section 2. This ordinance shall take full force and effect five (5) 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 2nd day of March 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Ken, City Attorney �f i��, <. � •` Y!£,:: 4 i Y � :i°ate P vi�q ;�u� ` 4 C.. .�• � � � i poop y i,•'�'�ii ` ` ,,�y � ..l vr•Y..":,:::. .qq:' '}F 8ii::�`t;!.1C�� �n.?. v ` :q7 I ir Re F MA OA • q •ssw � �a• �,�'��� s2 LL�� ':Y 1 ',f+•° ,,�.,. kz. s;fq'��'� �e Y.. A r ' i . tyS�..l•�• ; /4,w r, } yr, t tr I W7 r W f r ,•i's.�:t -.. € ..y. ,. .mow.«.w,;�. ::i tr"� '.: .t' '*rte. �'.,s`:ac+i:'y ,��'::;.�'al:' �,..«�re�,w,:s.a,.`� - .- i ^,raw a•.�-'a`•. _ -•-��3 ,yam} y fY . . y3y AMW- AW {, REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 09-001 APPLICANT: Franklin County PUD #1 HEARING DATE: 2/ 19/09 1411 West Clark Street ACTION DATE: 2/ 19/09 Pasco, WA 99301 BACKGROUND REQUEST: Rezone from R-1 (Low Density Residential) to C-1 (Retail Business) 1. PROPERTY DESCRIPTION: Legal: Lots 2-6, Blk 5, Pettits 2nd Add, together with the N 250' of the S 950' of the E 230' of the W 270' of the W 1/2 of the W 1/2 of the SW 1/4 of the SW 1/4 of Sec 30, T 9 N, R 29 E WM. General Location: 1411 West Clark Street Property Size: Approximately 1.7 acres 2. ACCESS: The property has access from 141h Avenue, Bonneville Street and Clark Street. 3. UTILITIES: Municipal utilities currently serve the site. 4. LAND USE AND ZONING: The subject parcel is zoned R-1 (Low Density Residential) and is currently occupied by Franklin County PUD offices. Land use and zoning for surrounding properties is as follows: North - Pasco Library (R-1) East - Vacant land and office building (C-1) South - Commercial non-conforming residential (C-1 and C-3) West - Single-Family Residences (R-1) S. COMPREHENSIVE PLAN: The site is designated in the Comprehensive Plan as an area for public and quasi-public uses. The site borders a continuous strip of land designated for commercial use to the south. The Comprehensive Plan encourages the location of public facilities and services within the City that are necessary to provide for the service needs of the community (Volume I, pages 27 & 28). 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/HISTORY The Franklin County PUD constructed an administrative office building on the site in question in 1965. This PUD office building has served the community well over the years. However, with the growth (20,000 new residents in Pasco) that has occurred in the community since 2000 the PUD offices are in need of expansion. The PUD site at the northeast corner of Clark Street and 14th Avenue has been zoned R-1 (Low Density Residential) for many years. In 2002 and in 2004 the PUD purchased half of the block located directly to the east across 131h Avenue for future expansion needs. In 2004, 13th Avenue between Clark Street and Bonneville Street was vacated. The half block on the east side of vacated 13th Avenue is zoned C-1 (Retail Business). One third of the PUD property is zoned C-1 and the remainder is zoned R-1. The purchase of the property on the east side of 13th Avenue along with the vacation of 13th Avenue, created additional space for the PUD to expand into. To meet the growing needs of the community the PUD is planning on expanding the existing PUD offices and moving the engineering vehicle storage area from the east side of the building to a new facility on the half block east of vacated 131h Avenue. The vacated 13th Avenue will become a parking lot for other PUD vehicles and employees. Located in an R-1 zoning district, the PUD offices are a non-conforming use. In order to be issued a building permit and to bring their properties under one zoning classification the PUD has applied for a rezone. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria listed below are as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: • The Franklin County PUD purchased the vacant land in Block 6, Pettits Addition in 2002. • The Franklin County PUD purchased the office building at the corner of Clark Street and 13th Avenue in 2004. • 13th Avenue between Clark Street and Bonneville Street was vacated in August of 2004. • The population of the city has increased by 20,000 people since 2000. • The service demands of the PUD have expanded creating a need expanded office space. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare: 2 The rezone will eliminate the non-conforming status of the PUD building. The Franklin County PUD provides an essential public service that is funded by the general public. Expansion on the property already owned by the PUD is a prudent and fiscally conservative path necessary for maintaining the health and general welfare of the community. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan: According to the Franklin County Assessor's records the residential properties west of 14th Avenue have increased in value in the last four years. The rezone is not expected to change property values and will not alter the use of the site. The Comprehensive Plan encourages the location of public facilities and services within the City that are necessary to provide for the service needs of the community. The rezone will permit the PUD to expand services to the community. 4. The effect on the property owners if the request is not granted: The PUD building is currently a non-conforming use and the existing residential zoning does not reflect the land use on the site. S. The Comprehensive Plan land use designation for the property: The Comprehensive Plan designates the site for public and quasi- public uses. The site is in a transition area between two land use designations. A commercially designated area is located directly to the south. The plan also encourages the location of public facilities and services within the City that are necessary to provide for the service needs of the community. The proposed rezone more closely matches the existing Comprehensive Plan designation. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is zoned R-1 (Low Density Residential). 2) The Comprehensive Plan designates the site for public or quasi-public uses. 3) There is no specific zoning district for public land uses designations -- requiring such to be processed thru a Special Use Permit. 4) The site has been occupied by the Franklin County PUD Administrative and Engineering Office since 1965. 3 5) The PUD property consists of the administrative office building, the adjoining vacant land and office building to the east. 6) The PUD property east of vacated 131h Avenue is zoned C-1. 7) The PUD Administrative office is zoned R-1. 8) Offices are a permitted use in the Office District, Commercial Districts and Industrial Districts. 9) The site is bordered on the south and east by C-1 zoning. TENTATIVE CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in P.M.C. 25.88.060 and determine whether or not: (1) The proposal is in accord with the goals and policies of the Comprehensive Plan. The Plan encourages the location of public facilities and services within the City that are necessary to provide for the service needs of the community. The PUD provides an essential service to the community. The proposed rezone would permit the Franklin County PUD offices to expand and continue to provide this essential service to a growing population. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. Rezoning the property to C-1 will complement surrounding commercial zoning. The proposal does not include changing the current use of the site. The PUD offices have a long history of compatibility in the neighborhood. (3) There is merit and value in the proposal for the community as a whole. The rezone would enable the PUD to expand its office building to better service the needs of the community. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. This rezone will not change the use of the site. It will permit a modest expansion of the PUD building. The rezone and minor expansion will not result in any significant adverse impacts. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. 4 RECOMMENDATION* MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the February 19, 2009 staff report. MOTION: I move, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council rezone the site from R-1 (Low Density Residential) to C-1 (Retail Business). *NOTE: Due to miscommunication between City staff and the PUD, the PUD has completed their biding process and is scheduled to award a contract for office expansion. As a result of these circumstances, City staff is recommending the rezone be completed in one meeting. 5 p����..+"� ^.t}�'�y,��i''.,'i,f''4ni.:� • R �� :'ti�'�..ff�� �``.tip' s'':' :,_,33�.; ' j'ti.K B �± k may, `•' .# t .. ' .s `� .fir>� , '�`� �.:`n'T •: "v` •r�� .1� t �F. .�° r; r •r klt� Ft oz _w I moll a7y�w �Y •.. ;+''g � is # `30�• �: .:;�..°� �Ar".:"�. AR it t .p i y k ;QS' f..:�-1;dt�. � ~'�ii.'.'• :'�,' [�'i.' t V L V N LL J Cl) W � ?W.% O Z o O m � N J U � 3nb' Hlbl. um UL cn a � � end H19 � 11�N PJ� r V vE N P w ui LUUJ uj J U � 13�N PEE a Z U V o � m ct Q"-4 � 3Ab Hit,6 M C � N and HlsL Planning Commission Minutes 2/19/09 A. 'Rezone R-1 (Low Density Residential) to C-1 (Retail Business) (Franklin County PUD) (1411 W. Clark) MF# 2 09-001) Chairman Samuel read the master file number and asked for comments from staff. Staff stated the PUD applied for a rezone to enable expansion of their current office facility. Staff reviewed the written report explaining the PUD has existed on the site for the past 40+ years. The Comprehensive Plan designates the site for public and quasi-public uses which is consistent with the current use. The PUD property to the east is zoned C-1. The proposed rezone from R-1 to C-1 would eliminate the non-conforming situation existing on the site and would allow the PUD to expand by simply obtaining building permits without continually applying for special permits. Terry Thornhill, 9211 Sandifur Parkway, Architect for project stated they have extensive renovations planned for the building. Mr. Thornhill reviewed the renovations for the benefit of the Planning Commission Chairman Samuel asked if the auditorium would be expanded. Mr. Thornhill stated the current auditorium would be replaced with a board room/multi-use facility which will be available for rental. Chairman Samuel asked what the cost estimates were for the renovations. Mr. Thornhill stated it is approximately 3 million dollars. Chairman Samuel opened the hearing to the public, after 3 calls and no response from the audience, the hearing was closed. Commissioner Schouviller questioned if the rezone is required for the future expansions. Staff stated rezoning the property would eliminate the need for a special permit for each future revision. Revisions in the past have been for interior work and did not require a special permit. Commissioner Schouviller moved, seconded by Commissioner Anderson that the Planning Commission adopt the Findings of Fact as contained in the February 19, 2009 staff report. Commissioner Schouviller moved, seconded by Commissioner Anderson based on the Findings of Fact as adopted, the Planning Commission recommend the City Council rezone the site from R-1 (Low Density Residential) to C-1 (Retail Business). The motion passed unanimously. Staff stated this item would go to the City Council at their first regular meeting in March. Staff briefly explained the appeal process. AGENDA REPORT FOR: City Council February 24, 2009 TO: Gary Crutchfield, City ager Regular Mtg.: 3/2/09 Rick White, iz Community & Econo is Development Director FROM: Shane O'Neill, Planner I SUBJECT: SPECIAL PERMIT Farming in an R-T Zone L100 Block of Argent Place (MF# SP 08-015) I. REFERENCE(S): 1. Report to Planning Commission 2. Planning Commission Minutes: Dated 1/15/09 & 2/19/09 3. Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/2: MOTION: I move to approve Resolution No. approving the special permit for the location of the CBC research farm in the 4100 Block of Argent Place, as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On January 15, 2009, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for a CBC research farm to be located in the 4100 block of Argent Place. 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 CBC research farm. The recommended conditions are contained in the attached Planning Commission report and in the proposed Resolution. C. No written appeal of the Planning Commission's recommendation has been received. 8(d) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 08-015 APPLICANT: Columbia Basin College HEARING DATE: 1/ 15/09 2600 N. 20th Avenue ACTION DATE: 2/ 19/09 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Farming in an R-T Zone (4100 Block of Argent Place) (MF# SP 08-015) 1. PROPERTY DESCRIPTION: Legal: That portion of the SW quarter of the SE quarter of Sec. 14, T9N, R29E, W.M., in Franklin County, Washington, lying South of a line 100 feet southerly and parallel to the centerline of Franklin County Irrigation District No. 1 canal, except a strip of land 70 feet in width, being 30 feet on the East side and 40 feet on the west side of Franklin County Irrigation District #1 pipeline, and except rights of way for Argent Road and Road 44. And together with the West half of the SW quarter of the SE quarter of the SE quarter of Sec. 14, T9N, R29E, W.M., in Franklin County, Washington; except any portion thereof lying west of a line 40 feet easterly of Franklin County Irrigation District No. 1 pipeline and except right-of-way for Argent Road in Franklin County, Washington. General Location: 4100 Blk. of Argent Place Property Size: Approximately 19 acres 2. ACCESS: The site has access from Argent Place. 3. UTILITIES: City water is available to the site, and is located in the Argent Place right-of-way. Sewer service is located at the intersection of Road 44 and Argent Road, approximately 211 feet from the southwest property corner. 4. LAND USE AND ZONING: The subject property is currently zoned R-T (Residential Transition) and is bordered on the south by unincorporated single-family homes, on the west by lands zoned C- I(Retail Business), and on the north by lands zoned R-T. The lands to the north and west are vacant. Lands to the northeast contain the FCID storage yard and tail water pond. One house is located 500 plus feet to the east. The lands to the south are in Franklin County and are zoned R-S-20 (Residential Suburban). The properties in the County contain small pastures mixed with five homes. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for Parks/Open Space. 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 Columbia Basin College, has submitted an application to relocate all or a major portion of the existing research farm from the college campus to the Port of Pasco property on Argent Place. The current college research farm is located immediately west of the main entrance to the college on Argent Road. College expansion plans call for a new building to be located in this area necessitating the need for locating a new site for much of the farm. The college has entered into a lease agreement with the Port of Pasco for 19 acres of land near the intersection of Road 44 and Argent Place as a replacement site for the research farm. The proposed site is located conveniently near (3/4 of a mile away) the college campus. The proposed farm will be used to provide educational training and research opportunities with an emphasis in researching potential bio-fuel crops (specialty alfalfa crops). The site is located on property the Port of Pasco purchased many years ago to control development around the end of Runway 3L. The surrounding Port of Pasco property contains the Big Cross Country track and the City Soccer Park. Part of the site has been used in the past for hay storage. Approximately 400 acres of airport property is currently being farmed and until recently there was a large farm (125 acres) to the west of the site along Road 44. In 1990 agricultural uses were also added as an unclassified use in the zoning regulations and as such required review through the special permit process when they are within 1,000 feet of a dwelling or residential subdivision. 2 In reviewing this proposal, staff has identified four (4) issues for consideration by the Planning Commission: 1) dust control; 2) noise; 3) general farming operations; and 4) ground water concerns. During the initial grading and leveling of the site fugitive dust could potentially impact adjacent lands if not properly monitored. This impact would be eliminated once a crop is established. Staff would suggest the applicant be required to maintain a viable water source on site during the initial grading and leveling so that during wind events the site can be managed to prevent dust from leaving the site. The proposed farm is a small research farm and not a commercial farm. Noise and the operation of machinery will be minimal compared to the operation of a large commercial farm. The nearby freeway (I-182) may be a greater source of noise than the operation of the proposed research farm. Over-irrigation and the use of farm chemicals often create concerns for neighbors over groundwater contamination. The lease agreement between the Port of Pasco and Columbia Basin College requires the college to operate the farm in a "husbandlike" manner in accordance with best prevailing crop irrigation practices. The production of alfalfa typically does not require the application of many farm chemicals compared to other crops. The lease agreement also requires the college to not apply any chemicals to the farm in such a manner that would endanger plantings on nearby properties. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following axe initial findings drawn from the background and analysis sections of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is zoned R-T. 2. The Comprehensive Plan identifies the site for future Parks/Open Space development. 3. The site is owned by the Port of Pasco. 4. The site is not designated as a critical area. 5. Farming is listed as a conditional use in the R-T District. 6. The site is within the Pasco Urban Growth Boundary. 7. The site contains 19 acres. 3 8. The site is vacant. 9. The subject site is within 1,000 ft of a residential zone. 10. The site is adjacent to Road 44, a major street. 11. The site is accessible from Road 44 and Argent Place. 12. Irrigation water is available to the site via the Franklin County Irrigation District canal which forms the northern property boundary. 13. Columbia Basin College currently operates a similar research farm on campus (approximately 18.6 acres). The on-campus farm site has been slated for development in order to expand campus facilities. 14. The site is located less than a mile from the current on-campus farm. 15. The proposed crop is alfalfa. 16. The Farm Lease between the Port of Pasco and Columbia Basin College has a term of 5 years, terminating October 30, 2013. CONCLUSIONS Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives, and text of the Comprehensive Plan? The Comprehensive Plan designates the proposed site for Parks/Open Space development. The proposed use can be considered an open space use that is consistent with the Comprehensive Plan designation of open space. 2) Will the proposed use adversely affect public infrastructure? The proposed farm will have no adverse impact on public infrastructure. A farm is not dependent upon City utilities or infrastructure as are residential and commercial developments. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? 4 The proposed use will not conflict with the open space nature of the surrounding Port of Pasco lands. The location of other farms within the I- 182 Corridor has demonstrated that farms within close proximity of dwellings can be operated harmoniously with intended uses. Farms have operated simultaneously with the development of Island Estates, Sunny Meadows, the Village of Pasco Heights, and in harmony with other residential developments in the 1-182 Corridor. The proposed use will not make intensive use of the land or lead to the disorderly growth of the community. 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? There will be no structures erected with this proposal other than a pivot irrigation system. Development over the last 10 years within the I-182 Corridor attests to the fact that farming operations do not discourage the development of permitted uses or impair the value of nearby development. S) Will the operations in connection urith 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? Nearby properties contain the FCID storage yard and tail water pond a large horse corral, small pastures and vacant land. The proposed use will not create more traffic, flashing lights, fumes, noise or vibrations than the traffic on Argent Place, Road 44 or I-182. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? The existence of numerous farming operations within the 1-182 Corridor demonstrates that the proposed use will not become a nuisance to permitted uses nor will it endanger public health and safety. RECOMMENDATION 5 MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the February 19, 2009 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant CBC a special permit for the location of a research farm in the 4100 block of Argent Place with conditions as contained in the February 19, 2009 staff report: APPROVAL CONDITIONS (1) The special permit is personal to the applicant; (2) The farm shall be operated by using best management practices for agricultural production; (3) No irrigation water is permitted to be sprayed or otherwise drain onto the adjoining right-of-way; (4) Irrigation water and farm chemicals must be applied at agronomic rates; (5) The property shall be posted to indicate no motorcycling or four-wheeling is permitted; (6) The special permit shall be null and void if the farming activity has not begun by March 1, 2010. 6 L y.. • s» $3 wd 'P.°-Ot dl .t.,�. 1 r. �k`1RS. arr...'•r<r 'P. 'k: .4 �s SJ" {(.a •'�.e'+=' •(we 1. 1 " Ilia`, M4fU1M�Y�11WdM(M1l1.�� z i,1 4 • r i� :r r. Y r ' N lk 11-116116 W� lk i t ti •M t_ i �is „t" 5.�1(\'.� 'R. ..,.r I.:t�6�`fi.a� ..�lA';�- :�,� ',.ry~"-`'.�'•��•'S�� ,�+�""�� .•1 ._I gg } ek {''-• `fir \ �'L_. .� � ��•�• • 4 r� :E 'o` H G f; {i y apt If a Q ray + � •�. m _�.._�t, f� � X j Y_ r iii IN. y I z U. ."� L, D o � p c� �o m CD o LL >= U ot, CIVOIH � � J U a U � 2!% � ,,,.., cn . • � oll D o W L H I �.. u a o o cn �c C/) Cl) o0 0 (1) • �--� D L L � � a � Ct ^I HOVLEY LN p AMA � N Al LN r Q ca o� > ti N ch DMO w � a� U O ovi ovou con V cr LULULJl ol 0 � U c� � � w HOVLEY LN *~ � AI Cl) �6 i Planning Commission Minutes 1/15/09 PUBLIC HEARINGS: A. Special Permit CBC Research Farm (Columbia Basin College) 4100 Block of Argent PI.) (MF# SP 08-015 Chairman Samuel read the master file number and asked for comments from staff. Staff explained CBC was requesting a special permit to locate an agricultural research farm at the corner (northeast) of Road 44 and Argent Place. Due to planned expansion at CBC, the existing farm on the CBC Campus needs to be relocated. Staff explained the only crop to be grown is alfalfa. Staff reviewed the written report explaining the surrounding zoning land uses and Comprehensive Plan designation for the site. Chairman Samuel asked staff if they were aware of any planned development in the open parcels surrounding the site. Staff was not aware of any plans. Chairman Samuel asked if the City had received complaints about the operation of the CBC farm. Staff stated no. Bill Saraceno, Senior Vice President, CBC, stated he has had no complaints about the existing farm. Mr. Saraceno briefly expanded the need for relocating the CBC farm. The proposed site is available to CBC for 5 years, in the event a developer comes along and needs the site, CBC will vacate the property. Chairman Samuel asked about the number of students that would visit the site each day. Mr. Saraceno stated no more than 3-4 students would come to the farm on a daily basis. Occasionally there might be up to 20 students on site. Commissioner Anderson asked if the site would be fenced. Mr. Saraceno stated there would be no fence. Chairman Samuel opened the hearing for public comment. Dwayne Moffatt, 4204 W. Argent Pl., stated his family was supportive of the CBC Research farm. Ron Foraker, Assistant Manager of the Tri-Cities Airport, stated the Port was supportive of CBC's growth. Mr. Foraker explained the Port purchased the property in the early 1970's for runway protection. The need for the second runway has never developed. Chairman Samuel called for further public comment and after 3 calls and no response; the hearing was closed for public comment. Commissioner Hay moved, seconded by Commissioner Anderson to close the hearing on the proposed Columbia Basin College Research Farm; initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the February 19, 2009 meeting. The motion passed unanimously. PLANNING COMMISSION MINUTES 2/19/09 A. Special Permit CBC Research Farm Columbia Basin College) 4100 Block of Argent P1.) (MF# SP 08-015 Chairman Samuel read the Master File number and asked for discussion and or comments from staff. Staff had no additional comments. Commissioner Anderson moved, seconded by Commissioner Hay, that the Planning Commission adopt the Findings of Fact and conclusions as contained in the February 19, 2009 staff report. The motion was unanimously approved. Commissioner Anderson further moved, seconded by Commissioner Hay, based on the Findings of Fact as adopted, the Planning Commission recommends that City Council grant CBC a special permit for the location of a research farm in the 4100 block of Argent Place with conditions as contained in the February 19, 2009 staff report. The motion was unanimously approved. Staff noted this item would go to the City Council at their next regular meeting in March. Staff briefly explained the appeal process. RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSIONS RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF A COLUMBIA BASIN COLLEGE RESEARCH FARM IN THE 4100 BLOCK OF ARGENT PLACE. WHEREAS, Columbia Basin College (CBC) submitted an application for a Special Permit for the location of a research farm to be developed on Port of Pasco property at 1730 West Park Street on December 29, 2008; and, WHEREAS, the Planning Commission held a public hearing on January 15, 2009 to review CBC farm proposal; WHEREAS, following deliberations on February 19, 2009 the Planning Commission recommended approval of a Special permit for the location of the CBC research farm in the 4100 block of Argent Place certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1) That a Special Permit is hereby granted to Columbia Basin College for the location of a research farm at the northeast corner of Road 44 and Argent Place (Parcel # 117-310-0170) under Master File # SP08-015 with the following conditions: (a) The special permit is personal to the applicant; (b) The farm shall be operated by using best management practices for agricultural production; (c) No irrigation water is permitted to be sprayed or otherwise drain onto the adjoining right-of-way; (d) Irrigation water and farm chemicals must be applied at agronomic rates; (e) The property shall be posted to indicate no motorcycling or four wheeling is permitted; (f) The special permit shall be null and void if the farming activity has not begun by March 1, 2010. Passed by the City Council of the City of Pasco this 2nd day of March, 2009 Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney AGENDA REPORT NO. 13 FOR: City Council February 18, 2009 TO: Gary Crutchfi y Manager FROM: Robert J. Albe s 6&-Works Director Workshop Mtg.: 02/23/09 Regular Mtg.: 03/02/09 SUBJECT: Award Process Water Reuse Facility Irrigation Pivot I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 02/23: Discussion: 03102: MOTION: I move to award the low bid for the Process Water Reuse Facility Irrigation Pivot, Project #09-7-02 to Valmont Northwest in the amount of $86,357.98 plus applicable sales tax, and further, authorize the Mayor to sign the contract documents. I1Q. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: A) The City owns fourteen irrigation circles at the Process Water Reuse Facility. These irrigation circles or pivots have been on a replacement schedule shown in the City's Capital Improvement Plan. Ten circles have been replaced since 1998. V. DISCUSSION: A) Staff received three bids for replacing an irrigation circle for 2009. A low bid of $86,357.98 plus applicable sales tax was received from Valmont Northwest. The replacement budget is $110,000.00. Staff recommends award of replacing the irrigation circle to Valmont Northwest. 1Q(a) City of Pasco Process Water Reuse Facility Irrigation Upgrade Project No. 09-7-02 BID SUMMARY 1. Reinke $99,817.68 2. Irrigation Specialist $86,415.31 3. Valmont Northwest $86,357.98 a e g _ n 2Y` t� fig,Q. .yy�#:.. f kA S•{>�, f '� of r 4 t v i r u1 6'-i'- *�.� 5y��'���}�,#fir �., ::•i.�+t� �>;�'�ylw'f'�1.� ' a AGENDA REPORT NO. 12 FOR: City Council February 18, 2009 TO: Gary Crutchfie Manager FROM: Robert J. Albe s, Public Works Director Workshop Mtg.: 02/23/09 Regular Mtg.: 03/02/09 SUBJECT: Amendment No. I to Professional Services Agreement Amendment with CH2MHill I. REFERENCE(S): 1. Amendment No. 1 to Professional Services Agreement II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 02/23: Discussion: 03/02: MOTION: I move to approve Amendment No. 1 to the July 21, 2008 Professional Services Agreement with CH2MHill authorizing additional engineering services not to exceed $115,000 and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: General Fund $115,000 IV. HISTORY AND FACTS BRIEF: A) In 2000 the City Council adopted Resolution No. 2532 adopting the Lewis Street Corridor Study. In July 2007 Council approved the Engineering Agreement with CH2MHill (consultant) to provide Funding Technical Services, Concept Development and Environmental Scan and identify NEPA requirements. V. DISCUSSION: A) The work to be performed by the Consultant is to assist the City and the City's lobbyist to pursue federal funds for the new Lewis Street Overpass. It was understood that in order to construct the project that the National Environmental Policy Act (NEPA) would need to be met. The consultant has identified the NEPA requirements for the project. Staff believes that NEPA needs to be done in order to meet any funding requirements if funds are made available. The proposed amendment to the Consultant agreement is to perform the NEPA on a time and material basis not to exceed the amount of $115,000. Mr. Paul Sobeleski of CH2MHill will be available to explain the NEPA process and answer any questions. io(a) AMENDMENT NUMBER 1 to PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City and The CH2M Hill entered into a Professional Services Agreement on July 21, 2008, to provide engineering services with respect to Lewis Street Overpass project. NOW, THEREFORE, this agreement is amended to allow The CH2MHill to provide additional engineering services as described on Exhibit A. 1. Scope of Work: Scope of services includes professional services required for the Lewis Street Overpass Project's NEPA Phase (Phase 2). 2. Fee: The compensation for the work is based on a time and material basis not to exceed the amount of$115,000. 3. Time of performance: The services shall be complete for the project on or before September 1, 2009. DATED THIS DAY OF . 2009. CITY OF PASCO: CONSULTANT--CH2M Hill: Joyce Olson, Mayor Anthony Krutsch, Principle Project Manager ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney CH2MHi11 1 Amendment No. 1 Professional Services Agreement—Lewis Street Overpass RECEIVED FEB 0 s 2009 Exhibit A PUBLIC WORKS ADMIN. Phase 2 Scope of Services - Lewis Street Overpass General This scope of work is to establish the professional services required for the Lewis Street Overpass Project's NEPA phase (Phase 2 of the overall Project), and to establish the basis for compensation as part of the agreement between CH2M HILL and City of Pasco (City). Additional scoping for further services and design work may be added through a supplemental agreement. CH2M HILL will notify the City in writing prior to the occurrence of a change and will provide an estimate of the cost impact. Work will not be started on out- of-scope work until written authorization from the City has been received. This scope of work is based on the use of federal dollars for construction of the Lewis Street Overpass project. Therefore,the National Environmental Policy Act(NEPA) environmental review process must be followed throughout the implementation of this project,which includes preparation of an Environmental Classification Summary (ECS)for the Washington State Department of Transportation (WSDOT) and the Federal Highway Administration (FHWA).It is assumed that an environmental review will result in a Documented Categorical Exclusion(DCE) for compliance under NEPA, and an Environmental Checklist to comply with the State Environmental Policy Act(SEPA).After the SEPA/NEPA environmental review is completed,applications for environmental permits can be submitted to regulatory agencies, i.e., stormwater and air quality notices of construction. Genera! Considerations General considerations related to the entire scope of work: 1. This scope of work is intended to meet requirements of the Washington State Department of Transportation (WSDOT) Local Agency Guidelines (LAG)Manual Section 24.4,for Class II projects (DCE).The goal of this work will be to evaluate environmental concerns,determine impacts (if any), and suggest design mitigations to address those impacts. 2. It is assumed that a DCE will meet the requirements of NEPA, resulting in a Finding of No Significant Impacts (FONSI). However,if the NEPA lead agency determines that an Environmental Assessment (EA) or an Environmental Impact Statement(EIS) is needed, an EIS would be conducted under a separate scope of work. 3. All deliverables (discipline reports,ECS, SEPA Checklist)will be provided to the City with 5 bound hard copies, 1 unbound hard copy,and 1 electronic file in Microsoft Word 2003 format. 4. Public notice and a public comment period will be conducted as standard NEPA/SEPA procedure by the City. It is assumed that CH2M HILL will prepare the Determination of Nonsignificance for SEPA, and WSDOT or FHWA will prepare the FONSI. SPK1BK35 81051400010 1 5. There are no plans for a public meeting or hearing, and if one should be imposed by an interested governmental agency reviewing the project or for any other reason, any preparation or participation at the meeting/hearing is out of this scope of work. 6. This scope of work does not include environmental permit applications or fees thereof. Task 1.0 Project Management and Coordination A chartering session will occur within the first 2-3 weeks of the project with the City. CH2M HILL's project manager and four task leaders will attend and visit the project site/footprint.At the meeting, CH2M HILL will: 1. Present and confirm project goals,expectations and objectives. 2. Present and confirm the project workplan and schedule. 3. Further identify and confirm stakeholders,including governmental agencies. 4. List potential stakeholder issues,Critical Success Factors,fatal flaws/roadblocks, benefits for this project with attendees. 5. Confirm design parameters and evaluation criteria with attendees. 6. Present and confirm the SEPA/NEPA process and schedule. CH2M HILL will provide project management services that will include preparation of monthly invoices and progress reports,coordination and allocation of staff resources, and administration of overall quality on project deliverables. Assumptions: • It is assumed that all information and data needs from governmental agencies for the ECS,DCE and the SEPA Checklist can be obtained by phone without any personal or office meetings. Deliverables: • Participation at project meetings and summary of key issues and resolutions. • One (1) chartering meeting. • Monthly invoices and progress reports. Task 2.0 Environmental Classification Summary CH2M HILL will coordinate with WSDOT and FHWA to confirm a DCE is the appropriate level of NEPA documentation.Upon confirmation,CH2M HILL will prepare a draft ECS for the preferred alignment using the Local Agency ECS form. For budgeting purposes,it is anticipated that the draft ECS will be approved without further documentation. Assumptions: • Meeting with WSDOT/FHWA will be held in Pasco. • It is assumed that the City will submit the ECS to WSDOT/FHWA for approval. Deliverables: • Participation at one (1) meeting with WSDOT/FHWA and summary of key issues and resolutions. 2 • Drafts and Final(if necessary) copies of the ECS will be prepared and submitted to the City. Task 3.0 Discipline Reports The draft ECS will summarize information for all environmental elements evaluated under NEPA and will be supported with the following discipline reports: 1) Noise Analysis 2) Environmental Justice 3) Visual Quality,Aesthetics,Light and Glare 4) Section 4(f)Evaluation and Recreation 5) Historic,Cultural, and Archeological Resources The Environmental Scan Report prepared under Phase I and dated November 2008 will be used as a reference regarding preparation of the environmental discipline reports listed above and the ECS.These discipline reports will be appended to the ECS. In addition,CH2M HILL's project manager and task leaders will attend up to four(4) coordination meetings after the chartering meeting. These meetings will be conducted by phone to discuss: • Meeting 1: Final Discipline Reports—First of April, 2009 to discuss issues and concerns identified by the environmental evaluations. • Meeting 2: Final ECS—First of May,2009 to discuss the mitigation measures proposed for the road/overpass design to be incorporated into the preferred road design. • Meeting 3: WSDOT Review of ECS—Mid June,2009 to discuss WSDOT comments on ECS. • Meeting 4:FHWA Review of ECS—Mid July,2009 to discuss FHWA comments on ECS. Assumptions: • It is assumed that a hazardous materials discipline report is not required because of the Phase 1 work that was conducted as part of an environmental scan for this project. • This scope of work does not include a Phase 2 investigation (identifying properties with potentially contaminated soils,selecting sampling sites,excavating holes, sampling soils and testing for contamination). • It is assumed that the project footprint avoids property that may contain hazardous materials. • If,in the course of construction,a contaminated site is found,site testing and remediation would be conducted under a separate scope of work. Task 3.1 Noise Analysis Discipline Report A noise analysis discipline report will document noise monitoring,modeling, and analyses,including existing baseline conditions and predicted changes in noise levels resulting from the relocated roadway at noise-sensitive locations.The analysis will 3 determine whether the raised roadway will lessen traffic noise to acceptable levels. In addition,the report will address modeling of existing and future park locations and determine what noise impacts might affect park receptors in the future. Commercial, residential, and public facility receptors will be modeled to predict noise impacts with the overpass in place and operating. In all cases,appropriate noise abatement measures will be evaluated for effectiveness at locations where impacts are predicted to occur. Assumptions: • A separate, additional trip to the project site will be required to set up baseline sampling stations and to obtain results from these stations. • It is assumed that no more than four (4)baseline sampling stations will be required for modeling purposes. Deliverables: • Draft and Final Noise Analysis discipline report. Task 3.2 Environmental Justice Discipline Report An Environmental Justice discipline report will describe existing conditions;discuss impacts resulting from relocations, access restrictions,noise,aesthetics,and loss of park land;and describe mitigation measures. It will also discuss benefits to low-income and minority populations related to community cohesion and connectivity enhancements from a safer mode of transportation linking east and west Pasco. The environmental justice analysis will review potentially adverse effects based on the discipline reports,environmental document sections, and results of any public outreach activities prepared and conducted as part of the NEPA review of the project,taking into account the demographics of the affected areas, as appropriate.The following is an outline of the Environmental Justice discipline report including a brief description of the work to be conducted and documented in each section of the technical report. • Introduction and Regulatory Framework: This section will present a brief discussion of the purpose of the analysis,brief background discussion on Presidential Executive Order 12898,US DOT Order 5610.2,and FHWA Order 6640.23; and the relationship of Executive Order 12898 to Title VI of the Civil Rights Act of 1964. • Description of the Proposed Action:Text for this section will be obtained from the NEPA environmental document. • Methodology and Approach:This section will describe how the analysis will be conducted and provide definitions of terminology,regulatory citations,and a list of data sources to be used. • Study Area Demographics:This section will provide an understanding of the environmental justice context and include data and maps on minority populations and low-income populations using 2000 U.S. Census data. Demographic data from a source more recent than the U.S. Census (e.g.,public school data)will also be used to identify potential changes in the study area demographics. • Outreach to Minority and Low-Income Populations: This section will describe the measures implemented by the City to involve minority and low-income populations in the decision-making process.A summary of effects identified by minority and 4 low-income populations within the study area will be provided,if any have been so identified. • Project Effects,Mitigation,and Benefits:This section will review the location, intensity, and duration of the anticipated effects,summarize who (from a race and income perspective) would be affected by these effects,summarize proposed mitigation for the identified effects, and summarize anticipated project benefits.A qualitative assessment will be made of the project's likelihood for causing disproportionately high and adverse effects on minority and/or low-income populations.Key analyses to be conducted include the following: a review of anticipated project effects, as identified in the project's discipline reports,NEPA environmental document sections,and results of the outreach activities, will be conducted to identify effects to all populations, including minority and low-income populations;a comparison of effects to minority and low-income populations versus effects to the general population will be conducted where appropriate;and discussion of whether proposed avoidance,minimization, and mitigation measures will be effective in addressing potential effects to minority and low-income populations will be provided. • Final Determination and Conclusion: This section will present the final determination and conclusion of whether or not the project would result in disproportionately high and adverse effects on minority and/or low-income populations.If disproportionately high and adverse effects on minority and/or low- income populations are identified,the analysis will also recommend, after consultation with the Project Management Team,measures to avoid,minimize, or mitigate these effects. Assumptions: • The following documents will be used as guides for this analysis:Presidential Executive Order 12898 (EO 12898), Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,dated February 11, 1994; FHWA Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (FHWA Order 6640.23), dated December 2, 1998. Section 458 Environmental Justice from the March 2006 WSDOT Environmental Procedures Manual,M31-11, and Environmental Justice: What You Should Know (June 13, 2003),FHWA Washington Division. • Meaningful involvement of low-income and minority populations in the decision- making process is a core principle of environmental justice.However, specific public involvement outreach activities geared to reach minority and low-income populations will not be conducted as part of the Environmental Justice task.Rather, these activities will be conducted by others,as needed,for this project. Sources in the local community will be contacted regarding the project effects and written summaries of the results of the public outreach activities that specifically focused on minority and low-income populations,will be prepared to be summarized and used in the final Environmental Justice discipline report. • The analysis detailed in this scope of work is dependent on reviews of work products prepared by others (e.g., discipline reports,NEPA environmental document sections,and results of the outreach activities). Timely completion of the 6 Environmental Justice analysis is dependent on timely receipt of the results of these work products prepared by others. CH2M HILL will finalize the Environmental Justice discipline report,incorporating one round of comments on the draft as received from the City and WSDOT. Deliverables: • Draft and Final Environmental Justice discipline report. Task 3.3 Visual Quality, Aesthetics, Light and Glare Discipline Report A Visual Quality discipline report will identify up to three key observation points experienced by receptors (such as views from nearby residences,commercial properties, and highway vantage points),document baseline conditions,determine visual impacts, and evaluate the need for mitigation measures and feasible solutions.Views toward and away from the project area will be assessed for visual quality(vividness,intactness, and unity). The Visual Quality discipline report will also address light and glare impacts. Three simulations that present the physical features of the site in a way that will show how the proposed overpass will appear relative to its surroundings will be used for the visual analysis. One will be a cross section simulation that was prepared during Phase 1 of the Lewis Street Overpass project.Another simulation will be prepared for the view looking from downtown towards the proposed overpass rising above downtown to the east.The third will be a view from the residential neighborhood north of the Clark Street couplet looking south toward the ramp/couplet. Deliverables: • Three simulations of the proposed overpass relating to downtown views. • Draft and Final Visual Quality discipline report. Task 3.4 Section 4(t} Evaluation and Recreation Discipline Report A Section 4(f) evaluation is required under NEPA whenever recreational properties are impacted by a project.Because of the effects of the project upon Wayside Park, a Section 4(f) Evaluation will be prepared under 23 CFR 771.135, Section 4(f)and summarized in the recreation discipline report. It will characterize existing conditions at Wayside Park, describe expected project impacts on recreation,including relocating Wayside Park, and explain how the city park relocation and replacement meets the needs of the community and complies with Section 4(f) requirements. A Recreation discipline report will describe existing conditions;discuss impacts resulting from the relocation of Wayside Park,and describe mitigation measures. Assumptions: • It is assumed that there are no impacts to Section 6(f)properties. Deliverables: Draft and Final Section 4(f) Evaluation and Recreation discipline report. 6 Task 3.5 Historic, Cultural, and Archaeological Resources Discipline Report CH2M HILL will identify the Area of Potential Effect (APE).CH2M HILL will prepare letter templates and initial coordination documents to be submitted to WSDOT for their use in conducting government-to-government tribal consultation and Washington State Historical Preservation Office (SHPO) consultation. A Cultural Resource discipline report will describe the historical cultural context of the area (e.g.tribal and railroad cultures),will identify potential impacts to these resources as a result of the overpass project, and will discuss feasible alternatives and mitigation measures to address,avoid,or reduce those impacts. Department of Archeological and Historical Preservation (DAHP) regulations require subsurface testing (shovel or backhoe)prior to construction for all Section 106 projects, along with a thorough global positioning system (GPS) documentation of surveyed areas and subsurface testing areas.Any archaeological findings will be discussed in this report. Assumptions: • Once identified,the APE will not move or change. • No human remains will be encountered or dealt with. • CH2M HILL will not directly consult with the Tribes (this must be government-to- government, as per law). • No cultural resources are expected and none will be documented. • No additional studies will be required related to Traditional Cultural Properties (TCPs). • Consult with SHPO and the City when developing the APE,scope, and assumptions to ensure that the SHPO agrees that enough investigation has been completed to determine project effects and impacts. • Consult with SHPO and the Tribes to develop an adequate subsurface testing program. Up to 3 days will be needed for development of the subsurface "research design"which will include identification of target testing areas through GIS overlay of historic maps and historic aerial photos onto the project footprint. • CH2M HILL will observe subsurface testing (by hand or with mechanized equipment). Up to 6 backhoe trenches will be examined for cultural resources. Specific areas proposed for overpass footings should be the target of the subsurface investigation, once identified. GIS will determine through overlay of historic maps and aerial photographs,where high probability areas are located in relation to the project design and footprint. Backhoe trenches will measure up to 10 feet long by 10 feet deep by 40 inches wide. • Backhoe testing will take up to 3 days. • The City will secure all landowner permissions and rights of entry, and will call for locates of all underground utilities prior to backhoe excavation work. • GPS positions,photographs, and written descriptions will be collected for each subsurface investigation.The results will be reported using graphics,tables, maps, and written descriptions. • The City will supply the backhoe,backhoe operator, and any traffic control, if needed. • Prehistoric sites will be considered eligible unless subsurface testing proves otherwise. • CH2M HILL will include a map or map books (depending on the project area) on USGS topographic background,showing the project components in relation to cultural resources in order to identify impacts. Deliverables: • Draft and Final Historic,Cultural and Archaeological discipline report. 6.0 SEPA Checklist A SEPA Checklist will be prepared to satisfy SEPA,and the discipline reports will be attached to the SEPA Checklist as supporting documentation. SEPA must be satisfied before state or local regulatory agencies will issue permits for stormwater control, air quality control, and other permits or approvals. Deliverables: • Draft and Final SEPA Checklist. Estimated Budget All work to be undertaken shall be expressly authorized by the City in writing prior to commencement of work.The estimated budget for this Scope of Services for Phase 2 is $115,000.00.This amount will not be exceeded without prior authorization of the City.The budget shall not be amended without mutual agreement of both parties. For CH2M HILL staff that perform per diem services on this project;the hourly rate for these staff shall be calculated based on a raw salary multiplier of 3.10. Further, the hourly rates are subject to annual adjustment based on any cost of living increase with the adjusted hourly rate based on a raw salary multiplier of 3.10. Schedule The timeline for completion of Phase 2 services is anticipated to take approximately six (6) months. Assumptions: • Notice to Proceed from the City is received by end of February 2009. • City reviews of documents/deliverables are conducted in a week or less. • WSDOT and FHWA reviews of documents/deliverables are conducted in 30 days or less. • There is public acceptance of the project,thereby avoiding project delays. Key milestone dates are listed below: • Final Discipline Reports-First of April, 2009 • Final ECS-Mid April, 2009 • WSDOT Review of ECS-Mid May, 2009 8 • FHWA Review of ECS-Mid June,2009 • Agencies Sign ECS-First of July, 2009 • Final SEPA Checklist-First of August,2009 • FONSI and Determination of Nonsignificance-End of August,2009 s AGENDA REPORT TO: City Council February 6, 2009 FROM: Gary Crutchfi anger Workshop Mtg.: 2/9109 Regular Mtg.: 3/2/09 SUBJECT: Heritage Cent 'r Rail greement I. REFERENCE(S): 1. Vicinity Map 2. Proposed Rail Agreement (Council packets only; copy available in the City Manager's office, the Pasco Library or on the city's website at www. asco-wa. ov II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/9: Discussion 3/2: MOTION: I move to approve the Heritage Center Rail Agreement with the Port of Pasco and Columbia East LLC and, further, authorize the City Manager to sign the Agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The Heritage Industrial Center,the 600 acre area south of"A" Street between Oregon Avenue and SR-12 (see vicinity map), represents the prime opportunity to create rail- served industrial sites within the city. The concept is not only supported by the major property owner in that vicinity (Columbia East Partnership), but also by the Port of Pasco, TRIDEC, and BNSF Railroad. Further private industrial investment in this area will be a significant factor in expansion of the community's property tax base, an important goal of the City Council. B) Two years ago, BNSF Railroad gave tentative approval to the concept of installing a mainline rail switch near Oregon Avenue; that switch is necessary to permit a rail spur to be extended into the Heritage Industrial Center. In 2007, the Port obtained a $600,000 grant from the Franklin County Economic Development Fund (financed by the state to assist economic development) to pay for the mainline rail switch. Over the past 18 months, the Port has obtained design approval of BNSF and developed an agreement for benefiting property owners. The Port requires such an agreement to be in place before installing the switch, as it will assume responsibility to maintain the switch upon its installation as well as maintenance of any eventual rail spur. C) The city owns a 40-acre parcel of land in the vicinity of the future rail spur; thus, the Port requests execution of the rail line use agreement. V. DISCUSSION: A) Although the city's property is situated at the east end of the potential rail spur, the ability to have rail at all is totally dependent on the installation of the mainline switch. The proposed agreement presents three possible costs to the city: • Non-use maintenance: any cost incurred by the Port not associated with actual use (rail cars) of the spur will be shared based on acreage (city share is less than 10%). Use maintenance: any costs incurred by the Port to maintain/repair the rail spur would be paid by those actually using the rail line. Latecomer: if the city (or a developer of the city's property) were to install a portion of the rail spur, it would be obligated to reimburse any party that had built a prior portion of the rail spur, on a pro-rata basis. B) Essentially, the rail agreement is essential if rail service is expected (or even desired) for this area. The agreement appears to reasonably allocate maintenance cost and the latecomer formula is necessary to assure equity in construction of the rail spur(those that benefit from the rail spur will pay for it). C) Staff recommends approval of the agreement. 10(c) _r•.s t ' IRTI. .... `� ~%� 3s;. .'r ;y:ly...F•'i..'�` 'k Ise � i �' tea.. ..� `• £. �;!��' �•y' 1 }• l' b �'�" •:a`�6�._� `'i .. ski ....^ IIA L - sj ►3 ,�•� to � '• } f, �:,•fir:�1. �.'�.�1:,�:w,_�',2.:� .� ! t�. �� I' {l' FT ,6. After recording return to: DAN F. HULTGRENN P O BOX 2368 PASCO WA 99302 AGREEMENT FOR MAINTENANCE AND USE OF RAIL LINE AND LATECOMER AGREEMENT THIS AGREEMENT FOR MAINTENANCE AND USE OF RAIL LINE AND LATECOMER AGREEMENT (the "Agreement") is executed this 12th day of February, 2009, by the PORT OF PASCO, a Washington municipal corporation (the "Port") and COLUMBIA EAST, LLC, a Washington limited liability company, the CITY OF PASCO, a Washington municipal corporation; and NEIL F. LAMPSON, INC., a Washington corporation ("Land Owners") with reference to the following facts: RECITALS A. The Port, Neil F. Lampson, Inc., and Columbia East, LLC entered into Rail and Utility Easements dated February 12, 2009 (the "Easement Agreements") granting to the Port the right, privilege and authority to install, construct, erect, alter, repair, improve, extend, maintain, operate, change, remove, reconstruct, renew and relocate a rail line, together with a road associated with the rail line over, under and across the following described lands (the "Easement Area"): A STRIP OF LAND BEING THE SOUTH 25.00 FEET OF THE NORTHWEST QUARTER OF SECTION 34, TOGETHER WITH THE SOUTH 25.00 FEET OF THE NORTHEAST QUARTER OF SECTION 33, ALL IN TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY, WASHINGTON. And AGREEMENT - 1 W:1DanTort Misc\Rail and Latecomer Agreement DFH 1-23-09.doc A STRIP OF LAND BEING THE NORTH 100.00 FEET OF THE SOUTH 125.00 FEET OF THE NORTHWEST QUARTER OF SECTION 34, TOGETHER WITH THE NORTH 100.00 FEET OF THE SOUTH 125.00 FEET OF THE NORTHEAST QUARTER OF SECTION 33, ALL IN TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY, WASHINGTON, And A STRIP OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY, WASHINGTON. LYING NORTHERLY 25.00 FEET ADJACENT AND PARALLEL TO THE BURLINGTON NORTHERN COMPANY'S NORTHEASTERLY RIGHT OF WAY LINE DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE SOUTH 00°28'04" WEST ALONG THE NORTH-SOUTH CENTERLINE THEREOF A DISTANCE OF 2636.45 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 33 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHEASTERLY RIGHT OF WAY THE FOLLOWING COURSES, NORTH 89°17'31" WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 470.37 FEET; THENCE NORTH 66 000'29" WEST A DISTANCE OF 756.81 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01°04'55", A RADIUS OF 1120920 FEET, A CHORD BEARING OF NORTH 49°15'32" WEST, AN ARC DISTANCE OF 211.67 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 33 AND TERMINUS OF DESCRIBED LINE. And A STRIP OF LAND 100.00 FEET IN WIDTH LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY, WASHINGTON. BEING THE NORTHERLY 100.00 FEET OF THE SOUTHERLY 125.00 FEET OF THE FOLLOWING DESCRIPTION, ADJACENT AND PARALLEL TO THE BURLINGTON NORTHERN COMPANY'S NORTHEASTERLY RIGHT OF WAY LINE; AGREEMENT - 2 W:1Dan\Port Misc\Rail and Latecomer Agreement DFH 1-23-09.doc COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE SOUTH 00°28'04" WEST ALONG THE NORTH-SOUTH CENTERLINE THEREOF A DISTANCE OF 1318.23 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 33 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°28'04" WEST CONTINUING ALONG SAID NORTH-SOUTH CENTERLINE A DISTANCE OF 1318.22 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER AND SAID BURLINGTON NORTHERN COMPANY'S NORTHEASTERLY RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING COURSES NORTH 89 017'31" WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 470.37 FEET; THENCE NORTH 66 000'29" WEST A DISTANCE OF 756.81 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01°04'55", A RADIUS OF 11209.20 FEET, A CHORD BEARING OF NORTH 49 015'32" WEST, AN ARC DISTANCE OF 211.67 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 33; THENCE NORTH 00 035'02" EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 884.40 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER THENCE SOUTH 89 013'40" EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 1324.00 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER AND THE TRUE POINT OF BEGINNING. B. The Easement Agreements provide that any rail line and associated improvements constructed shall be owned by the Port, which shall retain the right to establish the terms and conditions of usage of the rail line and establish fees for rail line usage. The Port shall be responsible for the maintenance of the rail line once it is constructed in a manner acceptable to the Port in the Port's sole discretion. C. The Port will construct, at the Port's expense, a switch connecting the rail line to the main rail line, together with approximately 1,200 feet of rail leading through the Easement Area from the switch to the parcels benefited by the rail line. D. The purpose of this Agreement is to outline the provisions relating to costs of construction of rail and associated improvements to and across the Easement Area, and the use and maintenance of the rail line after construction. AGREEMENT - 3 VV:1Dan%Port Mis6Rail and Latecomer Agreement DFH 1-23-09_doc NOW, THEREFORE, in consideration of the foregoing recitals, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1_ The Owners of the real property described below, and their successors, assigns, lessees and licensees may use the rail line constructed on the Easement Area, but only subject to the terms and conditions of this Agreement. The real property that is eligible to use the rail line is designated on the attached map and legally described as follows: The Northerly 330 feet of the Northeast quarter of Section 33, Township 9 North, Range 30 E.W.M., Franklin County, Washington (Parcel #112-430- 012); And The North 330 feet of the Northeast quarter of the Northwest quarter of the Northwest quarter and the North 330 feet of the West one-half of the West one-half of the Northeast quarter of the Northwest quarter, all in Section 34, Township 9 North Range 30 East, W.M., Franklin County, Washington (Parcel #112-530-048); And The Northeast quarter of Section 33, Township 9 North, Range 30 East, W.M., in Franklin County, Washington, except the Northerly 330 feet thereof (Parcel #112-430-021); And The Northeast quarter of the Southeast quarter of Section 33, Township 9 North, Range 30 East, W.M., lying Northerly of the right-of-way of the Spokane, Portland and Seattle Railway Company, EXCEPT the following tract heretofore conveyed to the Northern Pacific Railway Company a corporation, by deed dated September 20, 1926 and recorded in Book 46 of Deeds, page 265, described as follows: That portion of the East half of said Northeast quarter of the Southeast quarter of said Section 33, Northeasterly of and adjacent to the right of way of the Spokane Portland and Seattle Railway Company, lying between lines parallel with and distance respectively 200 feet and 320 feet Northeasterly measured at right angles from the center line of the main track of the said Spokane, Portland and Seattle Railway Company, and EXCEPT that portion of the Northeast AGREEMENT - 4 W:tDan\Port Misc\Rail and Latecomer Agreement DFH 1-23-09.doc quarter of the Southeast quarter of Section 33, Township 9 North, Range 30 East, W.M., described as follows: Beginning at survey station 0+50.0 on the survey line of the Bonneville Power Administration's transmission line for the service to Pasco Reconsignment Depot, said point being South 330.7 feet and West 1076.0 feet from the East quarter corner of said section 33; Thence South 65 015' East a distance of 50 feet; Thence South 24°45' West a distance of 100 feet; Thence North 65°15' West a distance of 100 feet; Thence North 24°45' East a distance of 100 feet; Thence South 65°15' East a distance of 50 feet to the point of beginning (Parcel #112-510-079; And The South half of the Northwest quarter of Section 34, Township 9 North, Range 30 East, W.M., in Franklin County, Washington The South half of the Northwest quarter of the Northwest quarter of Section 34, Township 9 North, Range 30 East, W.M., in Franklin County, Washington The Northeast quarter of the Northwest quarter of the Northwest quarter of Section 34, Township 9 North, Range 30 East, W.M., EXCEPT the Northerly 330 feet thereof, in Franklin County, Washington The West half of the West half of the Northeast quarter of the Northwest quarter of Section 34, Township 9 North, Range 30 East, W.M., EXCEPT the Northerly 330 feet thereof, in Franklin County, Washington (Parcel #112-530-100); And The North half of the North half of the Southwest quarter of Section 34 in Township 9 North of Range 30 East W.M., Franklin County, Washington (Parcel #112-540-019); And That portion of the Southeast quarter of the Northwest quarter and the Northwest quarter of the Southeast quarter of Section 33, Township 9 North, Range 30 East, W.M., records of Franklin County, Washington; lying AGREEMENT - 5 W:1Dan\Port Mis6RM and Latecomer Agreement DFH 1-23-09.doc Northerly of the Northerly right of way line of Burlington Northern Railroad, EXCEPT the following parcels: PARCEL A: A tract of land in the Southeast quarter of the Northwest quarter of Section 33, Township 9 North, Range 30 East, W.M., Franklin County, Washington, lying Northeasterly of and contiguous to the Spokane, Portland & Seattle Railway Company's (now Burlington Northern Railroad Company) Northeasterly right-of-way line, said tract being more particularly described as follows: Beginning at the North quarter corner of said section from whence the Northwest corner bears North 89°09'48" West 2642.65 feet; Thence South 00°28'04" West along the North-South centerline of said section 2636.45 feet to the Southeast corner of said Southeast quarter of the Northwest quarter of Section 33; Thence North 89°17'31" West along the South line of said subdivision 470.37 feet to a point 300 feet Northeasterly of (measured at right angles to) the centerline of the main line of said Spokane, Portland & Seattle Railway Company and True Point of Beginning; Thence North 66°00'29" West 756.81 feet to an intersection with a curve to the right from whence the center bears North 40 012'01" East 11,209.20 feet; Thence Northwesterly along said curve to a point from whence the center bears North 41'16'56" East 11,209.20 feet, said point being on the West line of said Southeast quarter of the Northwest quarter of Section 33; Thence South 00°35'02" West along said Westerly line 65.84 feet to an intersection with a curve to left from whence the center bears North 4100349" East 11,259.20 feet, said curve being the Northeasterly right-of-way line of the Spokane, Portland & Seattle Railway Company as operated by the Northern Pacific Railway Company, said right-of-way line being 200 feet Northeasterly of (measured at right angles to) the centerline of the main line; Thence Southeasterly along said right-of-way line and said curve to a point from whence the center bears North 38°04'00" East 11,259.20 feet, said point being on the South line of said Southeast quarter of the Northwest quarter of Section 33; Thence South 89 017'31" East along said South line 398.51 feet to the True Point of Beginning. AGREEMENT - 6 W:1Dan\Port Mis6Rail and Latecomer Agreement DFH 1-23-09.doc PARCEL B: a tract of land in the Northwest quarter of the Southeast quarter of Section 33, Township 9 North, Range 30 East, W.M., Franklin County, Washington, lying Northeasterly of and contiguous to the Spokane, Portland & Seattle Railway Company's (now Burlington Northern Railroad Company) northeasterly right-of-way line, said tract being more particularly described as follows: Beginning at the North quarter corner of said section from whence the Northwest corner bears North 89 009'48" West 2642.65 feet; Thence South 00°28'04" West along the North-South centerline of said section 2636.45 feet to the Northwest corner of said Northwest quarter of the Southeast quarter of Section 33; Thence continuing South 00°28'04" West along the West line of said subdivision 202.79 feet to a point on a line parallel with and 300 feet Northeasterly of (measured at right angles to) the centerline of the main line of said Spokane, Portland & Seattle Railway Company and True Point of Beginning; Thence South 66 000'29" East along said line 1433.90 feet to a point on the Easterly line of said subdivision; Thence South 00 015'09" West along said Easterly line 218.49 feet to a point on the Northeasterly right-of-way line of said Spokane, Portland & Seattle Railway Company, said line being parallel with and 100 feet Northeasterly of (measured at right angles to) the centerline of the main line of said Railway Company; Thence North 66°00'29" West along said right-of-way line 1434.79 feet to a point on the Westerly line of said Northwest quarter of the Southeast quarter of Section 33; Thence North 00°28'04" East along said Westerly line 218.13 feet to the True Point of Beginning. (Parcel #112-510-060 and #112-470-014) (the "Benefited Lands"). 2. Grant of Non-Exclusive Rail Line Use. The Port hereby grants to Land Owners and their permitted successors, assigns, contractors, lessees and licensees a license for the purpose of installation, construction and use of a single track rail line, including all track, siding, grading, earthwork drainage, access roads, crossings, switches, communications and signaling equipment and related equipment, and including all auxiliary equipment necessary to operate, maintain or repair the rail line (collectively, the "Rail Line"), across the Easement Area that will provide for access by rail to and from the Benefited Lands and the main line of Burlington Northern or any other Railroad with whose tracks the Rail Line is AGREEMENT - 7 W:IDanlPort Mis6RaiI and Latecomer Agreement DFH 1-23-09.doc interconnected. The Rail Line may be utilized by the Port, and any Land Owners and their permitted successors, assigns, lessees and licensees so long as a Land Owner has contributed to the construction of the Rail Line in the manner hereinafter provided. 3. Construction Improvements. (a) Rail Line Protect. A Land Owner may design, engineer, develop, permit and construct a portion or segment of the Rail Line within the Easement Area in accordance with the terms, covenants, conditions, provisions and requirements set forth in this Agreement. The Rail Line constructed shall be constructed in accordance with plans and specifications approved by the Port prior to construction, and following construction, the Land Owner shall supply the Port with reproducible as-built drawings regarding the Rail Line constructed by the Land Owner. Upon completion of the Rail Line improvements and the Port's certification that they are acceptable to the Port and in conformance with plans and specifications previously approved by the Port, the Land Owner shall convey the Rail Line improvements to the Port in consideration of the benefits derived under this Agreement. 4. No person, firm, corporation, or Land Owner ("Latecomer") shali be granted a license or other permission to utilize that portion of the Rail Line constructed by a Land Owner without first paying to the Land Owner who constructed the improvements (the "Improvement Provider") an amount determined below (the "Contribution"), in addition to the fees charged by the Port for usage of the Rail Line. The Contribution of the Latecomer to Improvement Provider shall be calculated as follows: The Latecomer shall pay (without interest) to the Improvement Provider a percentage of the total construction cost of the Rail Line incurred by the Improvement Provider based on the number of square feet of Latecomer's parcel served by the Rail Line improvement and the square feet of the Improvement Provider's parcel served by the Rail Line improvement. The users shall share pro rata the cost based on the respective size of each user's Benefited Lands. Example: The Rail Line improvement cost incurred by the Improvement Provider is $100,000.00. An additional Landowner desires to use that portion of the rail constructed by the Improvement Provider. The Latecomer's parcel served by the improvement is 50,000 square feet in size AGREEMENT - 8 W:1DanTort Misc\Rail and Latecomer Agreement DfH 1-23-09.doc and the Improvement Provider's parcel is 75,000 square feet in size. The Latecomer would pay $40,000.00 to the Improvement Provider. 50,000 = x 125,000 $100,000 x = $40,000 2 owes 1 on 1's improvement Costs expended in extending the Rail Line beyond the parcel of the Improvement Provider shall not be considered in the calculation. However, should an additional Land Owner desire to use the Rail Line improvement constructed by the first Latecomer in addition to that of the Improvement Provider, the additional Land Owner who is using rail constructed by both the Improvement Provider and the first Latecomer shall pay on a pro rata basis the Improvement Provider and the first Latecomer for a share of the Improvement Provider's construction costs, together with a pro rata share of the cost of the first Latecomer's improvements as illustrated below. Example (continued): Assuming the facts stated above regarding the construction of sections of Rail Line by the Improvement Provider and first Latecomer. The cost expended by the first Latecomer adding to the Rail Line constructed by the Improvement Provider is $50,000.00. The square footage of the parcel owned by the additional Latecomer served by the Rail Line is 25,000 square feet. The additional Latecomer's share of the first improvement is $16,667.00, and the additional Latecomer would pay the first Latecomer 40% of$16,667.00 and the Improvement Provider 60% of $16,667.00. This is the additional Latecomer's share of the first improvement. In addition, the additional Latecomer would pay to the first Latecomer a share of the first Latecomer's improvement by paying the sum of $16,667.00. 1. Improvement Provider 2. First Latecomer 3. Additional Latecomer 25,000 = x 150,000 $100,000 x = $16,667 3 owes 1 and 2 for its share of 1's improvement (40% to 2; 60% to 1) AGREEMENT - 9 W:1Dan\Port Mis6Rail and Latecomer Agreement DFH 1-23-09.doc 25,000 = x 75,000 $50,000 x = $16,667 3 owes 2 for 3's share of 2's improvement 5. If prior to the expiration of one (1) year after the date of the completion of the construction of any portion of the Rail Line any work is found to be defective, the Land Owner who constructed it shall promptly, without cost to the Port, and in accordance with written instructions issued by the Port, either correct such defective work or, if it has been rejected by the Port, remove and replace it with non-defective work. If the Land Owner does not promptly comply with the terms of such instructions, the Port may have the defective work corrected or the rejected work removed and replaced and all direct and indirect costs of such correction, removal and replacement, including compensation for professional services, shall be reimbursed to the Port by the Land Owner who made the Rail Line improvements. 6. Payments for Use. Any Land Owner using the Rail Line will for each month pay the Port a per-railcar fee (plus any applicable Leasehold Excise Tax) as determined by the Port. All such fees will be paid monthly in arrears on or before the tenth (10th) day of the following month, and will be prorated for any partial month on the basis of the actual number of days in such month. The amount of such fees will increase from time to time as determined by the Port. Maintenance and Repair Costs. All Land Owners of Benefited Lands (and their successors and assigns) shall pay a portion of the Port's cost of maintenance and repair of the Rail Line not covered by the per-rail car fees described above on a pro rata basis, based on each Land Owner's percentage ownership of the Benefited Lands. Such maintenance and repair cost shall be paid within forty-five (45) days of notice of the amount thereof. Late Payment. If any amount to be paid by a Land Owner to the Port under this Agreement is not received by the Port within ten (10) days after the applicable due date therefore, then the Land Owner shall be required to pay the Port, regardless of whether or not the Port has delivered to the Land Owner a notice of default with respect to such payment, and in addition to any other amounts then owing from the Land Owner to the Port, a late payment charge in an amount equal to five percent (5%) of the amount of such delinquent payment amount. Furthermore, if such delinquent payment amount and late payment AGREEMENT - 10 MDanTort Misc\Rail and latecomer Agreement DFH 1-23-09.doc charge are not received within fifteen (15) days after the original due date for such payment amount, the Land Owner shall be required to pay interest on such delinquent payment and late charge at the rate of twelve percent (12%) per annum from the date due until payment in full. 7. Use of Rail Line. (a) General Standards Governing Use of Rail Line. Any permitted Rail Line user will be entitled to use the Rail Line on the terms and subject to the conditions set forth in this Agreement and the rules and regulations of the Port. No person using the Rail Line will be permitted to use the Rail Line in a manner that would (i) violate any applicable law, (ii) violate any requirement of this Agreement, (iii) cause a violation of any permit issued .by any governmental authority with respect to any improvement, (iv) make it commercially impracticable for the Port or any Land Owner to obtain any fire or other insurance, (v) result in a violation of Port's Industry Track Agreement with BNSF Railway Company, or (vi) create or constitute a public or private nuisance. (b) Rail Line Use Protocols. (i) Prior to the Rail Line construction completion by any Land Owner, the Land Owner will prepare and submit for review by the Port and the Rail Line users protocols for scheduling and otherwise coordinating use of the Rail Line by all permitted Rail Line users (the "Rail Line Use Protocols"). The Rail Line Use Protocols will not grant any priority rights to any user, and shall be established to use the Rail Line to accommodate the Rail Line use rights of all Rail Line users. (il) No person other than permitted Rail Line users will be permitted to use the Rail Line. Permitted Rail Line users will be permitted to use the Rail Line solely for the transportation by rail, between the Railroad main rail line and the warehouses, buildings and other structures and improvements now or hereafter located within the Benefited Lands, and the loading, unloading and repositioning of railroad rolling stock in connection therewith. No train or railroad rolling stock will be permitted to block access to the Rail Line or any Additional Rail Improvements (defined below) except during actual movement on, around or from the Rail Line, and during such period of time as is reasonably necessary for loading and unloading, of the train or rolling stock (and in no event may any train or rolling stock simultaneously block access to more than one access point except during actual movement of such train or rolling stock onto, around or from the Rail Line). Any Rail Line user will schedule train arrivals and departures only at such AGREEMENT - 11 W:1DanlPort Misc\Rail and Latecomer Agreement DFH 1-23-09.doc times as appropriately trained personnel are available to assist in the timely and efficient loading and unloading of rail cars. (iii) The Rail Line Use Protocols and any amendments and modifications thereto will be required in each instance to be reasonably acceptable to the Port and Rail Line users, and neither the initial Rail Line Use Protocols nor any amendments, modifications or supplements thereto will become effective unless and until such time as they have been approved (such approval not to be unreasonably withheld or delayed) by the Port and the Rail Line users. The Port will maintain a copy of the then current Rail Line Use Protocols at its office at all times, and each permitted Rail Line user will be entitled upon request to receive without charge a copy of such Rail Line Use Protocols. (c) Port's Right to Construct Additional Rail Improvements. The Port reserves the following rights for itself and all present and future permitted Rail Line users: the right to construct, own, operate, maintain, repair and use a second Rail Line and one or more bypass rail lines, sidings, trackage and rail spurs within the Easement Area (collectively, the "Additional Rail Improvements"). 8. Access to Lands South of Easement Area. Each separate parcel of the Benefited Lands shall have the right to construct at its expense one sixty foot (60') wide road, crossing the Easement Area for access to the Benefited Lands south of the Easement Area. The road crossing shall be constructed in accordance with plans and specifications approved by the Port prior to construction. The road construction project shall be completed in a manner and at such times that it does not impede rail traffic utilizing the rail on the Easement Area. There is an existing non-exclusive easement granted by Columbia East, LLC to Neil F. Lampson, Inc. dated granting the right of ingress and egress over the west sixty (60) feet of the northeast quarter of Section 33, Township 9 North, Range 30 East, W.M. which crosses the Easement Area. In the event that a Rail Line is constructed intersecting this easement for ingress and egress, a road crossing shall be constructed across the Easement Area by the Improvement Provider at the improvement Provider's expense. The road crossing shall be constructed in accordance with plans and specifications approved by the Port prior to construction. The cost of the road improvement shall be included as part of the Rail Line improvement cost, and shall be subject to the contribution by a Latecomer in the same manner of all other rail improvement costs pursuant to Section 4 hereinabove. AGREEMENT - 12 W:1Dan\Port Mis6Raii and Latecomer Agreement DFH 1-23-09.doc 9. Exculpation and Indemnification. The Port and its commissioners, officers, employees, permitted successors and assigns shall not be liable for any loss, claim or damage to persons or property resulting from the use of the Easement Area or the Rail Line by any Land Owner or any Rail Line user or any of their respective agents, employees, contractors, subcontractors, tenants, subtenants, invitees, successors and permitted assigns, except for loss, claim or damage resulting from the negligence or willful misconduct of the Port, its commissioners, officers, agents and employees. Each Land Owner shall protect, defend, indemnify and hold the Port harmless from and against any and all claims, demands, losses, damages, expenses and liabilities suffered by the Port arising out of the use by that Land Owner and its members, managers, officers, employees, agents, contractors, subcontractors, tenants, subtenants, invitees, successors and permitted assigns except to the extent caused by the negligence or willful misconduct of the Port or the Port's officers, commissioners, agents and employees. The Port shall give Land Owner prompt written notice of any suit or proceeding entitling the Port to indemnification pursuant to this Section 9 and the Land Owner shall thereafter defend the Port in said suit or proceeding and with counsel admitted to practice in the State of Washington reasonably acceptable to the Port at its sole cost and expense to the extent required under this Section 9. 10. Compliance with Environmental Laws. Hazardous Materials. Each Land Owner and the Port hereby represents, warrants, covenants and agrees that all operations or activities in, on, under or about the Easement Area, or any portion thereof, including, but not limited to, the construction, operation, use, maintenance and repair of the Rail Line constructed within the Easement Area or any portion thereof, by a Land Owner or the Port or any of their agents, employees, contractors, subcontractors, tenants, subtenants, invitees, successors or permitted assigns shall be in compliance with all environmental laws and regulations governing or in any way relating to the generation, handling, storage, use, transportation, discharge, disposal or Release (whether legal or illegal, accidental or intentional) of any Hazardous Materials, including compliance with rules, regulations and orders applicable to the Port generally. In the event that a Land Owner or the Port learns or has knowledge of any migration or Release of Hazardous Materials onto the Easement Area or any parcel within the Benefited Lands, that party shall promptly advise the other(s) of such migration or Release following its first discovery or knowledge thereof and shall further reasonably cooperate with each other in identifying the source of the migration or Release, preventing any further migration or Release, and remedying any condition arising from such migration or Release. Neither the Land Owner nor the Port shall permit or authorize in violation of environmental law, any Hazardous Materials that it brings, permits or authorizes to be brought to the Benefited Lands AGREEMENT - 13 W:1Dan\Port Misc\Rail and Latecomer Agreement DFH 1-23-09.doc to migrate off the property and onto the Easement Area, or allow the Release of any Hazardous Materials in violation of environmental law. For purpose of this Agreement, "Release" or "Released" shall mean releasing, spilling. Leaking, pumping, pouring, flooding, emitting, emptying, discharging, injecting, escaping, leaching, disposing or dumping Hazardous Materials in or into the air, soil, surface water or ground water in, on, about or under the Easement Area. Upon a party's request to another party to this Agreement, a party shall provide another with copies of all environmentally related regulatory permits or approvals (including revisions or renewals) and any correspondence a party receives from, or provides to, any governmental authority in connection with a party's handling of Hazardous Materials or the presence, or possible presence, of any Hazardous Materials on the Easement Area. "Hazardous Materials" means any chemicals, materials, substances, or items in any form, whether solid, liquid, gaseous, semisolid, or any combination thereof, whether waste materials, raw materials, chemicals, finished products, by- products, or any other materials or articles, which are listed or regulated as hazardous, toxic or dangerous, or for which liability or standards of care are imposed, under any environmental law, including petroleum products, asbestos, PCBs, coal combustion by-products, urea formaldehyde foam insulation, lead- containing paints or coatings, and any substances included in the definition of "hazardous debris", "hazardous substances", "hazardous materials", "hazardous wastes", "toxic substances", "pollutants", "contaminants" or words of similar import, under any environmental laws. 11. Defaults and Remedies. (a) Events of Default. A Land Owner shall be in default under this Agreement if any of the following events occur (each, an "Event of Default"): (i) A Land Owner fails to pay any payment obligation and such amount is not paid within thirty (30) days following notice from the Port to the Land Owner, or from another Land Owner of sums due under Sections 4 and 6 hereinabove. (ii) A Land Owner fails to perform any obligation imposed upon the Land Owner under this Agreement (other than a failure to pay any payment obligation) and such failure is not remedied within thirty (30) days after the Land Owner receives notice thereof from the Port; provided that, if such breach or default is curable but such thirty (30)-day period is not sufficient to enable the remedy or cure of such failure in performance, and the Land Owner will have upon receipt of the initial notice promptly commenced and diligently AGREEMENT - 14 W:1DanlPort MisclRail and Latecomer Agreement DFH 1-23-09.doc continued thereafter to remedy such failure, then the Land Owner will have a reasonable additional period of time (but in no event longer than an additional three hundred and sixty five (365) days from the end of the initial thirty (30)-day cure period) to remedy or cure such failure. (b) Remedies. (i) Upon the occurrence of an Event of Default, the Port and any Land Owner may exercise any rights available to the Port or any Land Owner under law or in equity including the right to seek injunctive relief where appropriate. (ii) Without limiting the provisions of Section 11(b)(i), upon the occurrence of an Event of Default, the Port may terminate this Agreement. (iii) The Port or any Land Owner may, at its discretion, exercise its available remedies in the alternative, concurrently or cumulatively, provided that in the event of a payment default the concurrent or cumulative exercise of remedies will not result in duplication or a recovery on the part of the Port or a Land Owner of an amount in excess of the amount in default (plus default interest or applicable late charges). No delay or omission by the Port or a Land Owner in exercising its rights or remedies hereunder will operate as a waiver of those rights or remedies or of any other right or remedy otherwise provided at law or in equity and no single or partial exercise thereof will preclude any other or future exercise thereof or the exercise of any other right or remedy. 12. Notices. Any notices or other communications required or permitted by this Agreement or by law to be served on, given to, or delivered to either party hereto by the other party shall be in writing and shall be deemed duly served, given or delivered when: (a) personally delivered to the party to whom it is addressed or in lieu of such personal service, (b) three (3) days after it is deposited in the United States mail, first-class postage prepaid, certified or registered, return receipt requested, addressed as follows, or (c) when sent via facsimile transmission with machine confirmation of receipt followed by a "hard" copy mailed regular mail, within.one (1) business day thereafter addressed as follows: AGREEMENT - 15 W:IDanlPort Misc\Rail and Latecomer Agreement DFH 1-23-09.doc Any notice, demand or request directed to the Port will be delivered to: Port of Pasco P. O. Box 769 904 E. Ainsworth Pasco, WA 99301 Attention: Executive Director Facsimile: (509) 547-2547 With a copy to: Kuffel, Hultgrenn, Kiashke & Shea P O Box 2368 1915 Sun Willows Blvd., Ste A Pasco WA 99301 Attention: Dan F. Hultgrenn Facsimile: (509) 545-3019 Any notice, demand or request directed to a Land Owner will be delivered to: Columbia East, LLC Tippett Company of Washington LLC 2705 St. Andrews Loop, Suite C Pasco, WA 99301 Facsimile: 509-545-1689 City of Pasco P. O. Box 293 Pasco, WA 99301 Attention: City Manager Facsimile: 509-545-3403 Neil F. Lampson, Inc. 607 E. Columbia Drive Kennewick, WA 99337 Attention: Bill Lampson Facsimile: 509-586-0825 AGREEMENT - 16 W:1Dan\Port MiWRail and Latecomer Agreement DFH 1-23-09.doc 13. Miscellaneous. (a) Recitals Incorporated. Each recital set forth above is incorporated into this Agreement as though fully set forth herein. (b) Captions. The captions and paragraph headings contained in this Agreement are for convenience of reference only and in no way limit, describe, extend or define the scope or intent of this Agreement, nor the intent of any of the provisions hereof. (c) Amendments; Waivers. No modification or amendment of this Agreement may be made except by written agreement signed by all parties. No failure by any of the parties hereto to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, agreement, term or condition. Any party hereto, by notice and only by notice as provided in Section 12 of this Agreement may, but shall be under no obligation to, waive any of its rights or any conditions to its obligations hereunder or any duty, obligation or covenant of any other party hereto. No waiver shall affect or alter this Agreement and each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. (d) Neutral Authorship. In connection with the execution and delivery of this Agreement each party has been represented by counsel. Each of the provisions of this Agreement has been reviewed and negotiated and represents the combined work product of all parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same shall be applicable in connection with the interpretation of any of the provisions of this Agreement. (e) Terminology. All personal pronouns used in this Agreement, whether used in the masculine, feminine and neuter gender, shall include all other genders, the singular shall include the plural and vice versa as the case context may require. (f) Complete Agreement_ This Agreement, together with the Amendment of Easement and the Rail and Utility Easement are intended to be the entire agreement of the parties and supersedes all prior agreements and understandings between the parties hereto relating to the subject matter hereof. AGREEMENT - 17 W:\DanlPort Misc\Rail and Latecomer Agreement DFH 1-23-09.doc (g) Relationship of Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Port and any Land Owner, and no party shall have the power to bind or obligate another party. No Land Owner shall have any right or authority, express or implied, to commit or otherwise obligate the Port in any manner whatsoever except to the extent specifically provided herein, or specifically authorized in writing by the Port. The Port shall have no right or authority, express or implied, to commit or otherwise obligate any Land Owner in any manner whatsoever except to the extent specifically provided herein or specifically authorized in writing by said Land Owner. (h) Time is of the Essence. Time is of the essence in the performance of any obligations under this Agreement. (i) Injunctive Relief. The parties expressly agree that their obligations set forth in this Agreement are necessary and reasonable in order to protect each party and its business and that monetary damages would be inadequate to compensate either party for any breach by the other party of its covenants and agreements set forth in this Agreement. Accordingly, the parties acknowledge and agree that any such violation or threatened violation will cause irreparable injury to the aggrieved party and that in addition to any other remedies that may be available in law, in equity or otherwise, the aggrieved party will be entitled to obtain injunctive relief, including temporary restraining orders, specific performance, preliminary injunctions and permanent injunctions, against the threatened breach of this Agreement or the continuation of any such breach by the breaching party, without the necessity of proving actual damages and without the necessity of posting a bond or making any undertaking in connection therewith. Any such requirement of a bond or undertaking is hereby waived by each party and each party acknowledges that in the absence of such a waiver, a bond or undertaking might be required by a court. Q) Counterparts. This Agreement may be executed in counterparts, each of which shall be considered an original and all of which when taken together will constitute one and the same agreement. (k) Authority. Each of the persons signing below represents and warrants that they have the requisite authority to bind the party on whose behalf they are signing. (1) Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to principles of conflicts of laws, and.venue of any action brought to AGREEMENT - 18 WMan\Port Misc\Rail and Latecomer Agreement DFH 1-23-09.doc enforce this Agreement shall lie in the Superior Court for Franklin County or the United States District Court for the Eastern District of Washington and the parties waive the right to file suit elsewhere. Except as otherwise expressly provided herein, in the event of any litigation, mediation, arbitration or other proceeding brought to enforce or interpret or otherwise arising out of this Agreement, the prevailing party shall be entitled to an award of reasonable costs, expenses and attorneys fees in connection therewith, at trial and on appeal. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. PO T OF PASCO COLUMBIA EAST, LLC B - ' A?, . KOW k" \�� — I N m : James . Toomey Name: Ti le: Executive Director Title: v- V\,\ Cl Y OF PASCO NEIL F. LAMPSO NC. By: By: Iz - Name: Name: �c Title: Title: p�Eror�` AGREEMENT - 19 W:1Dan\Port Mis6Rail and Latecomer Agreement DFH 1-23-09.doc STATE OF WASHINGTON) ) ss. County of Franklin ) On this I day of February, 2009, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared JAMES E. TOOMEY to me known to be the Executive Director of the PORT OF PASCO, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. c� KF Printed me: e r 44 Notary Notary Public in and f r the :o� State of Washington, residing `'N0TARYN;*; at PUBLIC My commission expires: OF AGREEMENT - 20 MDanTort Misc\RaiI and Latecomer Agreement DFH 1-23-09.doc STATE OF WASHINGTON) ) ss. County of Franklin ) On this 105- day of February, 2009, before me, the undersigned, a Notary Public in and for the S to of Washington, duly commissioned and sworn, personally appeared k to me known to be the (ben of COLUMBIA EAST, L.L.C., the company that executed the fore!yoirt6 instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. KF4 �,� Printed e: e1�e� Notary Public in and f4 the = State of Washington, residing at C-z PUBLIC My commission expires: o -+ - 009 ;01. OF AGREEMENT - 21 WManTort Misc\Rail and Latecomer Agreement DFH 1-23-09Aoc STATE OF WASHINGTON) ) ss. County of Franklin ) On this day of , 2009, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of CITY OF PASCO, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Printed Name: Notary Public in and for the State of Washington, residing at My commission expires: AGREEMENT - 22 W:1DanlPort Misc\Raik and Latecomer Agreement DFH 1-23-09.doc STATE OF WASHINGTON} } 5S. County of Pr •ti } On this 1 k—day of February, 2009, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ,c.. L�8 to me known to be the -� of NEIL F. LAMPSON, INC., the company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that fie_ was authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Printed e: �r- `' Notary Public in and f r the I1GTARYr State of Washington, residing PUBLIC at Goa;-';Z� My commission expires: Abw, t, E� AGREEMENT - 23 W:\Dan\Port Misc\Rail and Latecomer Agreement DFH 1-23-09.doc i so au �g r?; a.fiA• � t� r f z 22 �rY .Y.l f'n :'t^S.�k ,f:^�'i4�..t.:•.. ..,j t;�.{`.�1� I y;-3011 LIJ so cu .61,1' h''.��'.,.��'i!'.x'•te:_':�^:."">A.:2.:Si��:'V^._, �.-i: •{ tjy a: a� a. '� ,• .ate,nr�q"bir''':S ��gr,, ..�.� ''cam'`. N2.`- '�.i' •%``}'�.�+.:.;. - y� '•.�,tV��,; 36 �:°,F�i lei��'� '-ti�`�'�'`Y - ,�< _ .:..i r%. s.': •.fix - -;ti'` .. . .� ..; lit.. l r AGENDA REPORT NO. 10 FOR: City Council February 3,2009 TO: Gary Crutchfie tublic anager FROM: Robert J. �e , Works Director Workshop Mtg.: 02/09/09 Regular Mtg.: 03/02/09 SUBJECT. Professional Services Agreement with JUB Engineers, Inc.. I. REFERENCE(S): 1. Professional Services Agreement 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 02/09: Discussion: 03/02: MOTION: I move to approve the Professional Services Agreement with JUB Engineers, Inc., authorizing engineering services on a lump sum basis of $103,000 for the Pasco-Kennewick Cable Bridge Waterline Crossing and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Water Fund $103,000 ($51,500 City Share) IV. HISTORY AND FACTS BRIEF: A) The City Six-Year Capital Improvement Program (CIP) has shown a water pipeline emergency intertie with the City of Kennewick crossing the Cable Bridge. The current CIP Program and budget show the project for 2009. V. DISCUSSION: A) The proposed Professional Services Agreement with JUB Engineering is for the design of a water pipeline attached to the Cable Bridge for a fee of$103,000. The City of Kennewick will pay half the cost equaling $51,500. The design would size a 12 inch pipeline or larger. The size would depend on what constraints are identified and what will be allowed by the Washington State Department of Transportation (WSDOT). The final design will determine what actual flows would be achieved with the pipeline and the costs. Staff recommends approval of the design agreement which has a completion time that coincides with the preparation of the next Six-Year CIP. The benefits and costs derived from the design will help both Cities determine if construction of the project should proceed and if so, how should the project be funded. The City of Pasco would be the lead agency for the design. 10(d) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and 3UB Engineers, Inc.hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering services with respect to the Pasco-Kennewick Cable Bridge Waterline Crossing. 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 accomplish the above mentioned objectives in accordance with Exhibit A. 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 contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Payment_s. 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 teens of this Agreement shall be on a lump sum basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $103,000. 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 within 180 days. 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 "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees 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 causee 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 performance or non-performance of said work or service, regardless of whether or not caused in part by the party 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. 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. 8. 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 subcontractor 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. 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. 12. 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. 13. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. 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. 15. 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 fees and costs. 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: JUB Engineers, Inc. 2810 West Clearwater Ave, Suite 201 Kennewick, WA 99336 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 , 20 CITY OF PASCO CONSULTANT: By: By: Joyce Olson,Mayor Signature, Printed Name and Title ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr,City Attorney EXHIBIT A rJ-U-0 , J-1.11-13 ENGINEERS, Inc. ENGINEERS .SURVEYORS•PLANNERS 2810 West Ctearwater Ave., Suite 201 Kennewick, WA 99336 {509)783-2144 Fax 736-0790 January 8, 2009 www.jub.com Robert Alberts, P.E. RECEIVED City of Pasco JAN 0 8 2008 525 N. 3rd Avenue P.O. Box 293 PUBLIC WORKS ADMIN.' Pasco, WA 99302 RE: PASCO-KENNEWICK CABLE BRIDGE 12-INCH WATERLINE CROSSING Dear Bob: Thank you for considering J-U-B ENGINEERS, Inc. to provide your civil engineering services. We are excited about the opportunity to assist with your project and believe you will benefit greatly from our Water supply and transportation expertise and good working relationship with City of Pasco, City of Kennewick and Washington State Department of Transportation (WSDOT) staff. This proposal is updated to include incorporate your comments from our meeting December 30, 2008 and those received from Peter Beaudry of City of Kennewick. It is our understanding you intend to construct approximately 2500 linear feet of 12-inch waterline to allow an intertie between City of Pasco and City of Kennewick water supply. systems. Due to the scheduled WSDOT Blue Bridge approach project, construction of this project will likely be delayed until traffic is fully operational as to avoid unnecessary inconvenience to the public. We have developed a`proposed scope to design this project in 2009 and have it bid ready by the end of that year. Phase 1 of the project will consist of a Preliminary Design'and Final Design phases. The preliminary design will represent 30% complete plans and cost estimates. A technical memorandum will include a description of pipe material and support alternatives, details depicting.each, and an Engineer's Opinion of Probable Cost for each option. Following selection of a preferred design, J-U-B will submit a Preliminary Design to the WSDOT Bridge and Structures Office for pre-approval of all plans and details. Comments from the City and WSDOT will be incorporated into the final design. Phase 2 of the project will include the final design of the selected alternative and preparation of plans and specifications for the waterline. The services provided by J-U-B will include the following: • PRELIMINARY DESIGN - LUMP SUM FEE: $39,000 J-U-B will prepare initial situation and layout drawings from-the as-built records of the Cable Bridge. This will allow for investigation of pipe support types and layout considering the physical constraints of the structure. Based on previous study by HDR 9 1Alberts 1-8-09.doc MrAlbert 11812 9 Page 2 2 Engineering, two potential pipe materials will be considered; ductile iron and welded steel pipe. J-U-B wilt investigate construction methods and estimate costs. The limits of design assumes connection to the existing 16 inch diameter ductile iron. pipes located at the approach stabs at each end of the bridge. J-U-B wilt coordinate with the WSDOT to identify the approval procedure and permits required by the City. J-U-B will investigate environmental requirements and identify permits that may be necessary. The City of Pasco will prepare and apply for al[ , permits. 30% plans submittal along with the Technical Memorandum will be submitted within 6 months of notice to proceed. • FINAL DESIGN - Lump Sum Fee:-$64,000 J-U-6 will meet with the Cities of Pasco and Kennewick to answer any questions and review comments from the Preliminary Engineering submittal. J-U-B will prepare detailed construction plans in accordance with the APWA/WSDOT Standard Specifications that represents the design elements approved by the City. The plans wilt be prepared for insertion into a Bid Package prepared and advertised by the City of Pasco. The design will include technical specifications for insertion into the City prepared bid'documents. J-U-B will develop traffic control plans and submit to Cities of Pasco and Kennewick and WSDOT. J=U-B will submit 70% plans to WSDOT and the City for review. Upon receiving comments, J-U-B will incorporate comments. We anticipate a second review set of plans representing 95% including specifications and estimate witl be prepared and submitted for final approval. Once the City is ready for construction, final plans and estimate will be updated just prior to advertisement. We anticipate advertisement early 2010. • CONSTRUCTION SERVICES-ADDITIONAL TASKS At the City's request, J-U-B can provide miscellaneous construction services as a supplement to this agreement. Construction services may include answering bidder questions, preparing cost estimates required for permitting by the City, preparing addendums, attending the pre-construction conference, providing onsite construction observation during installation of the waterline, answering contractor questions, reviewing submittals. Record drawings would be provided in a supplementalAask. J-U-B would provide final mylar record drawings and AutoCAD files incorporating redtine construction prints and/or post construction surveys as provided by others. The fees and scope of work are based on the following assumptions: • All topographic, record and/or boundary survey will be provided by City. • All fees including recording, plan review, and permits will be paid by the City. Landscaping and Irrigation Plans will not be required. 30-06-032/Alberts 1-8-04.doc �I f-J,U-B '1 MrAlberrs 1/8/2009 Page 3 ■ Material testing is not included. ■ Geotechnical investigation is not included. - - -- - ■ Construction staking is not included • Easements, legal descriptions and right-of-way are not anticipated and if required will be provided by the City. No hydraulic modeling will be performed. The City has indicated that the waterline needs to be 12-inch diameter. ■ Post construction Record Drawing survey is not included.. Thank you for the opportunity to present our proposal for civil design on your important project. The total for the Preliminary and Final design tasks as described is $103,000 Lump Sum. Please call if we have misunderstood any of your needs so we can discuss revising the proposed scope of work and fees accordingly. We look forward to working with you and the City of Pasco on this project. Sincerely, J-U-B ENG EERS, INC. J�--1 Richard H. Door, P.E. Transportation Manager 30-06-032/Alberts 1.8-09.doc •+ z w� 4 y • a As Ali; c lr� .f AGENDA REPORT NO. 7 FOR: City Council February 25, 2009 TO: Gary Crutchfi Manager Robert Albert orks Director c FROM: Michael McSh ity Engineer Regular Mtg.: 03/02/09 SUBJECT: Award 2009 Crack Seal, Project#09-3-03 1. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 03/02: MOTION: I move to award the low bid for the 2009 Crack Seal, Project #09-3-03 to Stripe Rite, Inc. in the amount of$56,064.05, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Street Overlay Fund IV. HISTORY AND FACTS BRIEF: A) On February 25, 2009, staff received five (5) bids for the 2009 Crack Seal, Project #09-3-03. The low bid was received from Stripe Rite, Inc. in the amount of $56,064.05. The second lowest bid received was from BCV, Inc. in the amount of $56,375.00. The Engineer's Estimate for the project is $60,000.00. V. DISCUSSION: A) This project involves placing a sand slurry seal in pavement cracks. The areas targeted are generally in areas where overlays are scheduled. Staff recommends award of this contract to Stripe Rite, Inc. 10(e) City of Pasco 2009 CRACK SEAL Project No. 09-3-03 February 25, 2009 BID SUMMARY Total Engineer's Estimate $605000.00 1. Stripe Rite, Inc. $56,064.05 2. BCV, Inc. $569375.00 3. Pavement Surface Control $827487.43 4. Intermountain Slurry Seal $8606.00 5. Ray Poland & Sons, Inc. $114.253.00 t Oil LO a y HJi aAy } W .r"1 i �', • I f tty i f�..5... �"\�`. iii *■�t'1 •I v-;.-L' �- - i..,� i Y, %/ ♦ 'mil � I i t -� � �� '�, �'! I�"� ♦` �`_\ w NA -r-, �y 9C UYUH KAU7 .-- - T � 0 .�/�fl' !� A Ia } � �Yt�•`l '1811 s r, fuT feu y' Qiii ri 040 I ri 0 OTA t r a vw- f gy 96 MOH a 7a - —i-F -- -- - — -' AGENDA REPORT NO. 8 FOR: City Council February 25, 2009 TO: Gary Crutchf i Manager Robert Alb orks Director FROM: Michael McSzw, ity Engineer Regular Mtg.: 03/02/09 SUBJECT: Award Replacement of AC Water Line (Airport), Project#06-2-03 1. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 03/02: MOTION: I move to award the low bid for the Replacement of AC Water Line (Airport), Project #06-2-03 to Apollo, Inc. in the amount of$783,451.82, plus applicable sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Water Utility IV. HISTORY AND FACTS BRIEF: A) On February 25, 2009, staff received thirteen(13) bids for the Replacement of AC Water Line (Airport), Project #06-2-03. The low bid was received from Apollo, Inc. in the amount of $783,451.82. The second lowest bid received was from Sharpe & Preszler, Inc. in the amount of$797,205.00. The Engineer's Estimate for the project is $920,670.00. V. DISCUSSION: A) This project involves replacement of AC water pipe in the area adjacent to the airport. There will be approximately 8,200 linear feet of 12"main, 5,000 linear feet of 8" main, 33 hydrants and 50 service connections. Staff recommends award of this contract to Apollo, Inc. 10(f) City of Pasco REPLACEMENT OF AC WATER LINE (AIRPORT) Project No. 06-2-03 February 25, 2009 BID SUMMARY Total Engineer's Estimate $920,670.00 1. Apollo, Inc. $7835451.82 2. Sharpe & Preszler, Inc. $7971205.00 3. Watts Construction $815,291.36 4. Rotschy, Inc. $820,252.35 5. Culbert Construction $856,755.19 6. Premier Excavation $886,061.39 7. Archer Construction $8911303.27 8. Crestline Construction $1,028.672.84 9. Safco, Inc. $1,066,826.50 10. Trico Contracting $11086,150.50 11. Mahaffey Enterprises $15112,589.63 12. D&G Backhoe $1,151,685.05 13. Selland Construction $1,157,593.00 i • v ' t3 ' pR W P� -- } W �- o 1--' a _- i � (y O F- zvLLJ w w CD �. LLJ1 i C) Of � � �� i fJf• �IIII _j_ �i 1 F-- h��F �yO 41� ASH AGENDA REPORT NO. 6 FOR: City Council February 11, 2009 TO: Gary Crutchfie Manager Robert Albe orks Director FROM: Michael McSha�1L�!'C ity Engineer Regular Mtg.: 03/02/09 SUBJECT: Award 2008 Street Reconstruction, Project 908-3-01 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 03102: MOTION: I move to award the low bid for the 2008 Street Reconstruction, Project #08-3-01 to A&B Asphalt, Inc. in the amount of $651,405.88, and further, authorize the Mayor to sign the contract documents. IH. FISCAL IMPACT: Street Overlay Fund IV. HISTORY AND FACTS BRIEF: A) On February 10, 2009, staff received three (3) bids for the 2008 Street Reconstruction, Project #08-3-01. The low bid was received from A&B Asphalt, Inc. in the amount of $651,405.88. The second lowest bid received was from Granite Northwest, Inc. (Transtate Paving) in the amount of $678,678.00. The Engineer's Estimate for the project is $834,091.70. V. DISCUSSION: A) This project involves the overlay of Burden Boulevard from Road 44 to Road 60 and Commercial Avenue from Hillsboro to Kahlotus Highway. Staff recommends award of this contract to A&B Asphalt, Inc. 10(9) City of Pasco 2008 STRET RECONSTRUCTION Project No. 08-3-01 February 10, 2009 BID SUMMARY Total Engineer's Estimate $834,091 .70 1. A&B Asphalt, Inc. $6511)405.88 2. Granite Northwest, Inc. (Transtate) $6789678.00 3. Inland Asphalt $707,707.07 LLL 4IR NNW AGENDA REPORT FOR: City Council Date: February 10, 2009 TO: Gary Crutchfie , (ices nager Reg. Mtg.: March 2,2409 FROM: Stan Strebel ive&Community �- a Director SUBJECT: Bid for Volunteer Park Pavilion Concrete Platform I. REFERENCE(S): A) Project location map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/2 MOTION: I move to ratify the City Manager's award of the contract for the Volunteer Park Pavilion Concrete Platform project, to the low bidder, Bachtel Construction, in the amount of$33,573.00, including sales tax. III. FISCAL IMPACT: CDBG Funding IV. HISTORY AND FACTS BRIEF: A) On December 29,2008,the City received one bid for this project($39,079.85)from D. M. Grant. At a second bid opening, the City received two bids ($57,615.60-George Grant; $74,806.06-Ray Poland and Sons). At staff's recommendation, Council rejected these bids and authorized re- bidding. B) Staff decided to re-bid the project under the small works process (PMC 14.11) in hopes of securing a more favorable bid. Bids were received as follows: D. M. Grant $38,342.53 Bachtel Construction $33,573.00 C) The small works process provides that for projects of less than $100,000, the City Manager may award contracts to the lowest responsible and qualified bidder, subject to the Council's ratification at the next scheduled City Council meeting. Due to the extra time between Council meetings (No meeting of 2/17)and the desire to have the concrete work completed in time for the completion of the pavilion structure, by volunteers, (3/21)this contract was awarded. D) Volunteers associated with the annual "Sharefest" activity have committed to erect the structure on March 21'. Staff estimates that the cost for a contractor to have assembled the pavilion structure would have been in excess of$20,000. E) Staff requests ratification of the contract award. io(h) Item: Volunteer Park Improvements Vicinity Applicant: Pasco w E Map File# e1 � r 08-007-A loop L .vi 44 3 Y .,•i Y r