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2009.10.05 Council Meeting Packet
AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. October 5,2009 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 September 21, 2009. 2. Minutes of the Pasco City Council Special Meeting dated September 28, 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$1,088,525.94 ($88,592.39 in the form of Wire Transfer Nos. 5305, and 5312; and $999,933.55 consisting of Claim Warrants numbered 173591 through 173792). 2. To approve Payroll Claims in the amount of $1,871,485.52, Voucher Nos. 40226 through 40350; and EFT Deposit Nos. 30032624 through 30033174. *(c) Special Permit (Appeal) Planned Parenthood Clinic in a C-1 Zone(MF#SP09-005): 1. Agenda Report from Rick White, Community & Economic Development Director dated October 2, 2009. 2. Vicinity Map. To set 7:00 p.m., November 16, 2009 as the time and date for a closed record hearing to consider the appeal of the Planning Commission recommendation under Master File No. SP09-005. *(d) Special Permit (Appeal) Location of a Corn Maze/Farm in an R-S-20 Zone (2000 Block of Road 72) (Haywire Farms) (SP#09-007): 1. Agenda Report from David 1. McDonald, City Planner dated October 2, 2009. 2. Vicinity Map. To set 7:00 p.m., November 2, 2009 as the time and date for a closed record hearing to consider the appeal of the Planning Commission recommendation under Master File No. SP09-007. *(e) Resolution No. 3193, a Resolution fixing the time and date for a public hearing to consider the vacation of access and utility easements in Section 15,Township 9 North, Range 29 East. 1. Agenda Report from David 1. McDonald, City Planner dated September 30, 2009. 2. Vicinity Map. 3. Proposed Resolution. 4. Vacation Petition. To approve Resolution No. 3193, setting 7:00 p.m., Monday, November 2, 2009 as the time and date to conduct a public hearing to consider vacating access and utility easements in Section 15, Township 9 North, Range 29 East. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco residents have been invited to attend the Council meeting to receive Certificates of Appreciation from Mayor Joyce Olson for"Yard of the Month,"September 2009. 1. David and Tomasa Garcia, 636 N. Owen Avenue 2. Anna Church, 313 Road 36 3. Dave and Deanna McLaughlin,4215 Desert Plateau Drive 4. Zinaida Montay, 9403 Mustang Drive Regular Meeting 2 October 5,2009 (b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco business has been invited to attend the Council meeting to receive a Certificate of Appreciation from Mayor Joyce Olson for "Business of the Month Appearance Award"for September 2009. 1. Western Mortgage and Realty Co. &Oregon Potato Co., 6610 W. Court Street 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: (none) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Q*(a) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending the zoning classification of Lot 3, Short Plat 2004-25, located in the northeast quarter of Section 26, Township 9 North,Range 29 East from C-1 (Retail Business)to R-1 (Low Density Residential). 1. Agenda Report from Shane O'Neill, Planner 1 dated September 29, 2009, 2. Vicinity Map. 3. Proposed Rezone Ordinance. 4. Planning Commission Report. 5. Planning Commission Minutes dated 8/20/09 and 9/17/09. MOTION: I move to adopt Ordinance No. , granting a rezone for a parcel of land at 1302 Road 36 from C-1 to R-1 as recommended by the Planning Commission and, further, authorize publication by summary only. (b) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Section 5.45.040 "Operator's Vehicle License"; Section 5.45.06 "Operator's Business License-Term''; Section 5.45.090 "Driver's Permit-Fee"; Section 5.45.100 "Driver's Permit-Qualifications'; Section 5.45.110 "Driver's Permit-Requirements"; Section 5.45.150 "Insurance"; and Section 5.45.170"Fares." 1. Agenda Report from Debbie Clark, City Clerk dated September 21,2009. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. amending Chapter 5.45 "For Hire Vehicles,"of the Pasco Municipal Code and,further,authorize publication by summary only. 9. UNFINISHED BUSINESS: (none) 10. NEW BUSINESS: (a) C-Curb on Burden Boulevard: 1. Agenda Report from Robert J. Alberts,Public Works Director dated October 1, 2009. 2. Vicinity Map. 3. Letter Agreement. 4. Reciprocal Access Agreement. MOTION: I move to authorize the City Manager to execute a letter agreement with the owners of 7007 Burden Blvd and 7111 Burden Blvd,committing the city to reimburse the reasonable cost of parking lot alterations in conjunction with the installation of a curb on Burden Blvd. (b) River Crossing Study: 1. Agenda Report from Gary Crutchfield, City Manager dated October 1, 2009. 2. Letter from BFCG to Mayor Olson dated 8/27/09 (2 pages). 3. Study Boundary Map. MOTION: I move to approve City of Pasco participation in the Columbia River Bridge Study, contingent on the following provisions: 1. Kennewick and Richland participate in the study; 2. The study criteria place greatest emphasis on relief of urban traffic congestion; 3. All local jurisdictions participating in the study pay equal shares of study cost. Regular Meeting 3 October 5. 2009 *(c) Consultant Agreement for Energy Efficiency and Conservation Strategy: 1. Agenda Report from Stan Strebel,Deputy City Manager dated September 30, 2009. 2. Proposed Agreement. MOTION: I move to approve the agreement with Honeywell for the development of an Energy Efficiency and Conservation Strategy and, further, authorize the City Manager to sign the document. *(d) 2009 Wastewater Treatment Plant Expansion (UV Equipment Purchase) Project No. 09-1- 05: 1. Agenda Report from Reuel Klempel,Plant Division Manager dated September 30,2009. 2. Vicinity Map. MOTION: I move to approve the purchase of replacement Ultraviolet (UV) Equipment for the 2009 Wastewater Treatment Plant Expansion Project No. 09-1-05 from Ozonia North America, Inc.,in the amount of$388,255.50 including sales tax and freight charges. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required Item not previously discussed MF# "Master File#...." Q Quasi-Judicial Matter REMINDERS: 1, 1:30 p.m., Monday, October 5, KGH — Emergency Medical Services. Board 'Meeting (COUNCILMEMBER TOM LARSEN,Rep.; AL YENNEY, Alt.) 2. 10:00 a.m.,Wednesday, October 7,KONA—KONA's Mayor Report. (MAYOR JOYCE OLSON) 3, 12:00 p.m., Wednesday, October 7, 2601 N. Capitol Avenue—Franklin County Mosquito Control District Board Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; AL YENNEY,Alt.) 4. 4:00 p.m., Wednesday, October 7, 710 W. Court Street— Franklin County Affordable Housing Trust Fund Oversight Committee Meeting. (MAYOR JOYCE OLSON,COUNCILMEMBERS REBECCA FRANCIK and MIKE GARRISON) 5. 7:00 a.m., Thursday, October 8, Clarion Hotel, Richland - BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.;TOM LARSEN, Alt.) 6., 4:00 p.m., Thursday, October 8, 3416 Stearman Avenue — Solid Waste Advisory Committee Meeting. (COUNCILMEMBERS MIKE GARRISON and TOM LARSEN, Reps.; MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS,Alts.) �. 4:00 p.m., Thursday, October 8, 7130 W. Grandridge Blvd — TRIDEC Executive Committee Meeting. (COUNCILMEMBER MIKE GARRISON) 8. 7:00 p.m., Thursday, October 8, Transit Facility — Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS,Rep.; MIKE GARRISON,Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 21, 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, Deputy City Manager; Richard Terway, 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 AIlegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated September 8, 2009. (b) Bills and Communications: To approve General Claims in the amount of$1,295,986.35 ($86,880.77 in the form of Wire Transfer Nos. 5298, and 5302; and $1,209,105.58 consisting of Claim Warrants numbered 173384 through 173590). 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$266,017.03 and, of that amount, authorize $203,102.04 be turned over for collection. (c) Overman Pathway Quit Claim Deed (MF#INF009-089): To accept the Quit Claim Deed from the Overman Revocable Living Trust for the Road 44 pedestrian access pathway. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Olson presented a Proclamation to Kim Keltch, Domestic Violence Coordinator, Pasco Police Department, declaring October 2009 "Domestic Violence Awareness Month." VISITORS - OTHER THAN AGENDA ITEMS: Mr. Vic Epperly, 8930 W. Canyon Pl. Kennewick, presented Council with information for the members of the Regional Centers Oversight Committee. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison reported on the annual meeting of the Lodging Tax Advisory Committee. Mayor Olson and Messrs. Yenney, Garrison and Larsen attended the annual All-Senior Picnic. Mr. Larsen attended the BF Council of Governments meeting. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 21, 2009 Mr. Hoffinann commented on the General Fund Operating Statement through August 2009. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3936, an Ordinance changing the name of a portion of a street that was heretofore called Lentz Road. Mr. Mike Eddington, 5704 Lentz Rd., encouraged Council to maintain the name Lentz Rd. Council and Staff discussed the proposed name change. MOTION: Mr. Watkins moved to adopt Ordinance No. 3936, changing the name of Lentz Road to Road 52 and, further, authorize publication by summary only. Ms. Francik seconded. Motion carried by the following Roll Call vote: Yes— Olson, Watkins, Francik, Garrison. No— Hoffmann, Larsen, Yenney. Resolution No. 3191, a Resolution authorizing an interfund loan from the Equipment Rental Replacement Government Type Fund to the Local Improvement District 144, North of Sandifur/Road 90 and Road 92 Improvement Fund to finance the local improvements. Council and Staff discussed the proposed interfund loan. MOTION: Mr. Watkins moved to approve Resolution No. 3191, authorizing an interfund loan from the Equipment Rental Replacement Fund to the LID 144 Improvement Fund. Ms. Francik seconded. Motion carried 5-2. No — Larsen, Yenney. Resolution No. 3192, a Resolution supporting the August 3, 2009 Columbia Basin College Circulation Study. Council and Staff discussed this issue. MOTION: Mr. Watkins moved to approve Resolution No. 3192, supporting the recommendations in the Columbia Basin College Circulation Study which includes improvements on 20th Avenue and Argent Road. Ms. Francik seconded. Motion carried 6-1. No — Larsen. NEW BUSINESS: New Slides for Memorial Pool: Council and staff discussed the details of this issue. Council requested additional information for action at a Special Meeting on September 28th. MISCELLANEOUS DISCUSSION: Rick White presented Council with a memo explaining the option of the city adding rear yard landscaping to the HOME infill project on 5"' and Ainsworth. Council concluded that rear landscaping be installed by the buyer, as a condition of sale. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 21, 2009 ADJOURNMENT: There being no farther business, the meeting was adjourned at 8:53 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 5th day of October, 2009. 3 MINUTES SPECIAL MEETING PASCO CITY COUNCIL SEPTEMBER 28, 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 Hoffinann, Tom Larsen, Joyce Olson, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Bob Alberts, Public Works Director; Michael McShane, City Engineer; Denis Austin, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. BUSINESS ITEMS: New Slides for Memorial Pool: Council and staff discussed the proposed change order. MOTION: Mr. Watkins moved to authorize a change order for installation of a new double slide in lieu of the old slide for the Memorial Pool renovation project. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:16 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 5"' day of October, 2009. 1 3(a).2 CITY OF PASCO Council Meeting of: October 5, 2009 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington: We, th un 4the ereby certify under penalty of perjury that the materials have been furnished, the servic s re la or performed as described herein and that the claim is a just, due and unpaid obliga io agcity d that w authorized to authenticate and certify to said G Gary ru c Ma performed James W. vase, 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 5305 and 5312 in the amount of$88,592.39, have been authorized; that Check No.s 173591 through 173792 are approved for payment in the amount of$999,933.55, for a combined total of$1,088,525.94 on this 5th day of October, 2009. Councilmember Councilmember SUMMARY OF CLAIMSMIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 1,053.15 Judicial 41,005.73 Executive 1,082.79 Police 182,894.42 Fire 7,466.37 Administration &Community Services 109,929.74 Community Development 3,127.44 Engineering 17,773.47 Non-Departmental 65,061.33 Library 102,680.35 TOTAL GENERAL FUND: 532,074.79 STREET 74,063.69 C. D. BLOCK GRANT 24,086.49 KING COMMUNITY CENTER 1,225.89 AMBULANCE SERVICE 6,879.76 CEMETERY 4,900.09 ATHLETIC PROGRAMS 2,142.10 SENIOR CENTER 4,028.17 MULTI MODAL FACILITY 1,246.70 RIVERSHORE TRAIL& MARINA MAIN 608,40 LITTER CONTROL 1,774.00 REVOLVING ABATEMENT 1,025.88 INDUSTRIAL DEVEL& INFRASTRUCT 8,486.78 TRAC DEVEL&OPERATING 16,135.25 STADIUM/CONVENTION CENTER 7,397.94 SPECIAL ASSESSMNT LODGING 19,134.42 GENERAL CONSTRUCTION 2,212.12 WATER/SEWER 121,595.19 EQUIPMENT RENTAL-OPERATING 34,306.20 LID 135 SALT LAKE SUPERIOR 240.89 MEDICAL/DENTAL INSURANCE 118,492.07 CENTRAL STORES 360.11 PUBLIC FACILITIES DIST 24,319.84 PAYROLL CLEARING 36,923.10 LID CONSTRUCTION 272.30 TRI CITY ANIMAL CONTROL 44,59177 GRAND TOTAL ALL FUNDS: $ 1,088,525.94 3(b).1 CITY OF PASCO Council Meeting of: Payroll Approval October 5, 2009 The City Council City of Pasco Franklin County, Washington The f wing is a summary of payroll claims against the City of Pasco for the month of September 2009 whi a presen erewit for your review and approval. J Gary Cru c i i y ager James W.Ch�e, 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. 40226 through 40350, and EFT deposit No's. 30032624 through 30033174 and City contributions in the aggregate amount of$1,871,485.52 are approved for payment on this 5th day of October 2009. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 6,664.63 Judicial 69,365.19 Executive 60,924.95 Police 535,563.20 Fire 268,324.07 Administrative&Community Services 273,587.32 Community Development 72,097.23 Engineering 71,333.57 TOTAL GENERAL FUND 1,357,860.16 CITY STREET 47,971.71 BLOCK GRANT 13,121.22 MARTIN LUTHER KING CENTER 5,410.19 AMBULANCE SERVICE FUND 128,835.61 CEMETERY 10,898.17 ATHLETIC FUND 558.82 SENIOR CENTER 11,734.33 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 0.00 WATER/SEWER 270,530.66 EQUIPMENT RENTAL-OPERATING 24,564.65 GRAND TOTAL ALL FUNDS $ 1,871,485.52 Payroll Summary Net Payroll 917,819.83 Employee Deductions 533,191.46 Gross Payroll 1,451,011.29 City of Pasco Contributions 420,474.23 Total Payroll $ 1,871,485.52 3(b).2 AGENDA REPORT FOR: City Council October 2, 2009 TO: Gary Crutchfield, C nager Regular Mtg.: 10/05/09 FROM: Rick White, 001 Community & Economic Development Director SUBJECT: SPECIAL PERMIT (APPEAL) Planned Parenthood Clinic in a C-1 zone (MF# SP 09-005) I. REFERENCE(S): 1. Vicinity Map 11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 10/05: MOTION: I move to set 7:00 pm, November 16, 2009 as the time and date for a closed record hearing to consider the appeal of the Planning Commission recommendation under Master File No. SP 09-005 III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On June 18, 2009, the Planning Commission conducted a public hearing to consider a special permit for the location of a level I community service facility (Planned Parenthood Clinic) at 3901 West Court Street. B. On July 16, 2009, the Planning Commission conducted deliberations on the application and indicated that the Commission intended to recommend denial of the special permit to City Council. The matter was tabled until the August Commission meeting to allow staff to develop findings and conclusions that would support a Planning Commission recommendation of denial. C. At the August 20, 2009 Planning Commission meeting, several Commissioners were not present and several others had not been in attendance at the open record hearing on June 18th. This left the Commission without a quorum to consider the matter. D. On September 17, 2009, the Planning Commission recommended denial of the special permit application to City Council. E. The applicant filed a written appeal of the Planning Commission's recommendation and paid the required fee. The appeal requires City Council to set a date and time for a closed record hearing to consider the appeal. F. Given the volume of testimony, the number of meetings that transpired for this matter and the time needed for preparing verbatim transcripts, staff recommends a closed record hearing date of November 16, 2009. 3(c) 9E�at�O�l_ wry F-1 � (ri� � �� �• ktFkU 1 � al v • _-� �1 � In �!"•'� - ''� 4--j W Ct o 4M Cl) ' a 4 r I �off r V 1 ILI' U U . . Otr-ad4�] A I sALCl\ - -- -- - - �� - - - - .. . . . . r-rr..ti�►r-rr-tr�irrcz U AGENDA REPORT FOR: City Council October 2, 2009 TO: Gary Crutchfield, C K er Regular Mtg.: 10/5/09 Rick White,-j,,J.A Community & Economic Development Director FROM: David I. McDonald, City Planner SUBJECT: Special Permit (APPEAL) Location of a Corn Maze/Farm in an R-S-20 Zone (2000 Block of Road 72) (Haywire Farms) (SP# 09-007) I. REFERENCE(S): 1. Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/5: MOTION: 1 move to set 7:00 pm, November 2, 2009 as the time and date for a closed record hearing to consider the appeal of the Planning Commission recommendation under Master File No. SP 09-007. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The Planning Commission recently held a public hearing to develop a recommendation for a special permit allowing a corn maze and farm to be located north of the Faith Assembly Church in the 2000 Block of Road 72. The Planning Commission recommended approval of a special permit for the corn maze/farm. B. Adjoining property owners appealed the Planning Commission recommendation and paid the required fee. C. The appeal requires the City Council to set a time and date for a Closed Record Hearing to consider the appeal. The earliest date available for a Closed Record Hearing (which provides the necessary notification period and allows for transcript preparation) is November 2, 2009. 3(d) 1 31' ct (L' Fm SulJ w - -- - - • • MY - • .• .. . . ■ • _ _ - ru �ilto3i�=i�r_�lir_n ifs • • 1 iV'i Y•1►1iY1► J� Mf•�iis •+- AGENDA REPORT FOR: City Council September 30, 2009 TO: Gary Crutchfield, C ger Regular Mtg.: 10/5/09 Rick White, Z V Community &Economic Development Director FROM: David 1.McDonald,City Planner SUBJECT: ACCESS and UTILITY EASEMENT VACATION (Access and utility easements in the East half of Section 15 T9N R29E) (Linda Loviisa) (MF#VAC 09-012) 1. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Vacation Petition II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/5: MOTION: I move to approve Resolution No. setting 7:00 p.m., Monday, November 2, 2009, as the time and date to conduct a public hearing to consider vacating access and utility easements in Section 15,Township 9 North, Range 29 East. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. AHO Construction is in the process of developing the Linda Loviisa subdivision located south of Burden Boulevard and east of the Soccer Complex. Several unused utility and access easements are located along the eastern portion of the proposed subdivision. Due to the subdivision lot layout and the fact that utilities have been located in other areas these easements are no longer needed. The developer has petitioned to vacate the easements. 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 November 2,2009. 3(e) NY, L Jar • �� �� it � ih, � !K1 a � � 1�• i,. i• 3 i t � � � ct ct ell WW It I _ ct Ct a 1`_ • uj ti •� .y ; t,.,,r.�,vrartr,�.it---�,�---� � � i 1 I 7.7•L tl - - _` r r - •Ir�-1�-•lln.��►�j:�\[° • • • 1111 • 1 Il! � - • - • • !J'AL•Ar►•�i.��c+i► RESOLUTION NO. � A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF ACCESS AND UTILITY EASEMENTS IN SECTION 15, TOWNSHIP 9 NORTH, RANGE 29 EAST. 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 or easements; 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 the north/south access and utility easements along the eastern margin of Section 15, Township 9 North, Range 29 East, W.M. as recorded under Auditor File Nos. 540627 and 349827, together with the sanitary sewer easements on Lot I Short Plat 2005-02, 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 November 2, 2009. That the City Clerk of the City of Pasco give nonce of said public hearing as required by law. Passed by the City Council of the City of Pasco this 5th day of October, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, CMC Leland B. Kerr City Clerk City Attorney F�X ct 4-J F' 7 T ��"� =i •�' iI TF'.-Tt ct [.J L T F7TT"F FF 7-Ti 7 7,17 ",Glee e e el ct Lil Pd / / / I 41 }-_{� 11 1 � r cn 1 t LU'J _ I _ ___ / a t FM all -r r �.� ! cr) 44 i r Wsla @I al mf1�4 Fail @==I FEE $200 � 1 r CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE # VaCDC1-D 1 k 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 described street/alley rights-of-way: Gh';T 30` SECTWN ti ty,t.11; NoRTK dC-_ 5R-kez,Ar+t 3h SZ-1, 6xiii giT $i pLZt'AcRe D x. BAST SGLTkorJ L'�106 Peg—TN OV 5-9,_kSZ NF IL 540bZ7. ldywkG 3_ SAs1lTAK+ SEVV�EA`iE1{�1�T ow Ls'C 11�H4}',T ��aY Za�'i-a2����165eE3�) �x1•lic�li �. AnAi�tea APPLICANT: PROPERTY OWNED (Legal Descniption) Print Name:ad c0'y5irtit,T cr _Z!:y/ .� SFE exOA19 r A 1 A-nA("4zD Sign Name: Address:53'l2A4 AOJ Dr_74Sr�,'AL /D/t11���ri:l��va�r. Phone #,31.0-0 _VT Date 1� Print Name: Sign Name: Date Print Name: Sign Name: Date E3M=A PARCEL A: The Northeast quarter,AND the Northwest quarter of the Southeast quarter lying Northerly of Interstate Highway No. 182 of Section 15, Township 9 North, Range 29 East, W.M., records of Franklin County, Washington,EXCEPT the North 466.7 feet of the West 466.7 feet of the Northeast quarter, AND EXCEPT the North 482.75 feet of the East 482.75 feet of the Northeast quarter,AND ALSO EXCEPT the North 30 feet of the Northeast quarter,as conveyed to the City of Pasco by Instrument No.1604550, AND ALSO EXCEPT that portion lying within the following described parcel; A parcel of land in a portion of the Northeast quarter of Section 15, Township 9 North, Range 29 East, Willamette Meridian,City of Pasco,Franklin County,Washington,more particularly described as follows: Beginning at a Bureau of Reclamation Brass cap marking the Northwest corner of the Northeast quarter of said Section 15; Thence South 00°3643"West along the West line of the Northeast quarter of said Section 15 for a distance of 468.30 feet to the Southwest corner of the "Delay Enterprises, Limited Liability Corporation parcel' as described under Franklin County Auditor's File No.526081 ; - Thence leaving the West line of the Northeast quarter of said Section 15, North 85 052110" East, along the South line of said "Delay Enterprises,Limited Liability Corporation parcel" for a distance of 266.17 feet to the TRUE POINT OF BEGINNING; Thence leaving the South line of said "Delay Enterprises, Limited Liability Corporation parcel", South 38 010146"West,232.23 feet; Thence South 51 138129"East,105.15 feet; Thence South 38 021131"West,10.27 feet; Thence South 51 038'29"East,165.88 feet; Thence North 38021131"East,3.75 feet; Thence South 51 138'29"East,165.88 feet; Thence North 38°21'31"East,28.52 feet; Thence Northeasterly along the are of a 40.00-foot radius tangent curve to the right (the radius of which bears South 51039128"East)through a central angle of 52°16'11"for an are distance of 36.49 feet; Thence South 89 022'18"East,139.43 feet; Thence Southeasterly along the are of a 25.00-foot radius tangent curve to the right (the radius of which bears South 00037142"West)through a central angle of 89 059101"for an arc distance of 39.26 feet; Thence South 89 021129" East,60.00 feet; ExµtsIr A Thence South 00°36'43"West,324.42 feet; Thence Southeasterly along the are of a 25.00-footradius tangent curve to the left(the radius ofwluch bears South 89 023117"East)through a central angle of 90 106'06"for an are distance of 39.31 feet; Thence South 89°29'23"East,613.50 feet; Thence Northeasterly along the are of a 25.00 foot radius tangent curve to the left(the radius of which bears North 00°30'37"East)through a central angle of 90 100'00"for an are distance of 39.27 feet; Thence North 00°30137"East,250.97 feet; Thence South 89 032'34"East,60.00 feet; Thence Northeasterly along the are of a 25.00-foot radius non-tangent curve to the right(the radius of which bears South 89 129'23" East)through a central angle of 90°05'58"for an are distance of 39.31 feet; Thence South 89 023125"East,203.40 feet; Thence Southeasterly along the are of a 25.00-foot radius tangent curve to the right (the radius of which bears South 00°36'35" West)through a central angle of 89 154102"for an are distance of 3923 feet; Thence South 89°2324"East,60.00 feet; Thence Northeasterly along the are of a 25.00-foot radius non-tangent curve to the right(the radius of which bears South 89°29'23"East)through a central angle of 90°03'16" for an arc distance of 39.29 feet; Thence South 89°26107"East,85.14 feet; Thence Southeasterly along the arc of a 25.00-foot radius tangent curve to the right (the radius of which bears South 00 133153"West)through a central angle of 89 056144"for an are distance of 39.25 feet; Thence South 89°23'48"East,70.00 feet; Thence Northeasterly along the are of a 25.00-foot radius non-tangent curve to the right(the radius of which bears South 89 129123"East)through a central angle of 90 103'16"for an are distance of 39.29 feet; Thence North 00 127154"East,60.00 feet; Thence Northwesterly along the are of a 25.00-foot radius non-tangent curve to the right(the radius of which bears South 89 029123"East)through a central angle of 89 156144"for an arc distance of 39.25 feet; Thence North 00 039137"East,518.43 feet; Thence North 02 108'49"East,95.55 feet; Thence Northeasterly along the are of a 25.00-foot radius tangent curve to the right (the radius of which bears South 87°51111"East)through a central angle of 88021'48"for an arc distance of 38.56 feet; Thence North 03 030'32"East,60.08 feet; EX141 ZI T ,A Thence Northwesterly along the are of a 25.00-foot radius non-tangent curve to the right(the radius of which bears North 00°32'08"East)through a central angle of 9198112"for an arc distance of 39.98 feet; Thence North 02°08149"East,97.88 feet; Thence North 03 130137"East,123.50 feet; Thence Northeasterly along the arc of a 35.00-foot radius tangent curve to the right (the radius of which bears South 89°29.'23"East)through a central angle of 85121134"for an are distance of 52.14 feet; Thence South 85°52'10"West,155912 feet; Thence South 00°36'43" West along the East line of said "Delay Enterprises,Limited Liability Corporation parcel" and the Northerly prolongation thereof for a distance of 428.17 feet to the Southeast corner of said "Delay Enterprises,Limited Liability Corporation parcel"; Thence leaving the East line of said. "Delay Enterprises, Limited Liability Corporation parcel", South 85 052110"West,202.14 feet to the TRITE POINT OF BEGINNING; AND ALSO EXCEPT a tract of land in a portion of the Northwest quarter of the Northeast quarter AND Southwest quarter of the Northeast quarter of Section 15, Township 9 North., Range 29 East, Willamette Meridian,City of Pasco,Franklin County,Washington,more particularly described as follows: BEGINNING at the Westerly Southwest corner of Lot 27 of"Linda Loviisa Phase 1"subdivision,recorded in Volume D of Plats at Page 334,records of Franklin County,Washington; Thence South 38°10146"West,202.83 feet to the West line of the Northeast quarter of said Section 15; Thence South 00 136143"West,along said West Hue,1,075.59 feet; Thence leaving said West line,South 89°23'17"East,165.88 feet; Thence North 00 136143"East,parallel with said West line,36.33 feet; Thence South 89123117"East,211.76 feet; Thence South 00 136143"West,parallel with said West line,41.33 feet; Thence South 89 129123"East,180.51 feet; Thence North 00 13643"East,parallel with said West line,912.79 feet; Thence South 89129123"East,12.19 feet; Thence North 00136'43"East,93.67 feet to the Southerly platted boundary of said"Linda Loviisa Phase 111; Thence along said Southerly platted boundary the following courses and distances; Thence North 89'22'18"West,56.07 feet to the beginning of a 40.00 foot radius tangent curve to the left; Thence along said 40.00 foot radius tangent curve to the left,through a central angle of 52 117'10",the long chord of which bears South 64 130106"West,for a chord distance of 35.25 feet,for an are length of 36.50 feet; Thence South 38°21'31"West,28.52 feet; Thence North 51°3829"West,165.88 feet; Thence South 38°21131"West,3.75 feet; Thence North 51°38'29"West,165.88 feet; Thence North 38 021131"East,10.27 feet; Thence North 51 138129"West,105.15 feet to the POINT OF BEGINNING; PARCEL B: Lot 12 SHORT PLAT 2005-02, according to the survey thereof recorded under Auditor's File No. 1656809, records of Franklin County,Washington. .�►..w+►.•�n.-�v.�i Jr"'r�.' ,YM+•ar..y�+ -+�1''.""'r ...r .n. .,n..� Owl 1. r.; FRAMMIN 001 T r 349827 JAN I id 52 AH'75 iiashington Contract boaolh .ty��l AJ1�fTJR Easement Deed 110. $60-?.Q11375 - ANKL COUNTYpEAUTY No- 27244-W �FHAZTN COtTNTZ THIS EASEMENT, made the 1st day of August, 1974, by BURLINGTON NORTHERN INC., a Delaware corporation, successor in interest by merger to the Northern Pacific Railway Company, Grantor, to the COU;ITY OF FRANKLIN, a municipal corporation, of the State of Washington, Grantee, 141T;iESSETH: The Grantor, in consideration of the sum of one dollar (51.00}, unto it paid, the receipt of which is acknowledged, does hereby grant unto the Grantee, its successors and assigns, an easement and right of way for public road purposes, over, across, and upon the following lands in Franklin County, State of Nash- 1 ngton,.to-wi t: The north 30 feet of the fractional NE114NE1 14 of Section 1, lying easterly of Glade florth Extension Road granted to Franklin County by easement dated January 11, 1965; The east 30 feet of fractional Section 3; The south 30 feet of Section 9; The west 30 feet of Section 11; The east 3� feet of the El/2'IEl/4 and the east 30 feet of the SE114SE114 lying north of Franklin County Irrigation canal in Section 15, The north 30 feet of Section 17; All in Town- _ ship 9 North, Range 29 East, W.M. Also the south 30 feet of Section 35, Township 10 'lorth, Range 29 East, U.M. Also the south 30 feet of tfie SI/2S.41/4 and tha south 30 feet of the S'rfl/4:14114 SEW of frl. Section 1; The east 30 feet and the south 30 feet of frl. Section 3; The south 30 feet of frl. Section 5. lying easterly of Primary State Highway No, 11; The west 30 feet of Section 11; The north 30 feet of the 114!1/4 and the east 30 feet of the SEI/4 I of Sectior 15; The north 30 feet of the 11E1/4 of Section 17; The west 30 feet of Section 23, lying north of Kahlotus Road; all in Township 9 ;forth. Range 30 East, W.M. The easement hereby conveyed contains forty-seven and twenty-five hundredths (47.25) acres, more or less, and is suhject to the rightt granted by the Northern Pacific Railway Company to the United States of America, by contract dated August S. 1946, recorded in the office of the County Auditor for said Franklin County on December 19, 1945, in Volume 2 of Colum`)ia Basin Documents, at page 540, to enter upun and construct, operate, and maintain pipelines. canals, or laterals. including the banks thereof, aid to dump waste materials, In connection therewith, upon the lands described above, together with the right of ingress and egress and subject also to the terms of any easement here- tofore or hereafter granted the United States of America pursuant to the contract of August 5, 1946. Subject also to all the applicable teens and conditions of the recordable con- tract between the United States of America and the Northern Pacific Railway � Company. dated April 9, 1946, filed for record in the office of the County Auditor for said Franklin County on June 6, 1946, and recorded in BooV 1 of Columbia Rasin Documents, at page 13Q. Subject also to all existing easements, leases, licenses and permits affecting said land, i TO HAVE AND TO HOLD. the said right of way unto the Grantee, and its assigns, so long as the same shall he used for public road purposes, and whenever said right of way shall cease to be used for road purposes, the estate hereby granted r%. shall revert to and become vested absolutely in the Grantor, its successors �p and assigns, c� i�14�p,P.1E �Q��"'M+'4 '%1K�+gP:yr•.•..✓ 1-i"SY'r F?G14 Is kT �$• l 34992'7 IN WITNESS WHEREOF, the Grantor has caused these presentt to be sealed with its corporate seal and signed by its the day and year first above w0 tteo. BURLINGTON NORTHERN INC. IN 1* Mar Eswr Ewn lax UL-. ill nMtiww!!E�UW*r R.CX 2L4! By �� s 1915 Treasurer,fMkIin C1 en't RVAXMDOS ton Attest: ell- By \4 4 d '•, otti,!~., Assistant Secreiary STATE OF MINNESOTA } ss COUNTY OF RAMSEY ) { On this Xf day of , 1974, before me personally appeared M It 91nW. to me known to be. the -Resident Reso=ft DiAl M of Burlington Northern Inc„ the corporation which executed the within and foregoing instrument, and acknowledged the said instrument to be the free and volun':ary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said Instrument and that the seal affixed is the corporate seal of said corporation. 4 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal ! the day tid year last above written. Lei t l •6;'?i I W. 1YEA lOTAeY PUEUC•1g1N1E M ��. ,�~; • • e •Q RAN,iEY COUII7Y �,• "t•� i A a W/ Now.17,1178 y+C�.j.�.•a�``` X 34982'7 i . t y S406f�i� el r t- '�. 00415 "0824 f AFTER RECORDING MAIL TO: WESTERN MORTGAGE &REALTY COHPANY REOOROEO AT THE 2211 W. COURT, SUITE D REQUEST OF PASCO, WA 99301 W ` APR l 3 AH'97 54062'7 10!1_';C.LLVAR- ;,w Filk!m r 's AuO+TOR BEi O 'f V.l::10; Filed for Record at Request of Benton-Franklin Title Company Escrow Number. E11049 (FULFILLMENT) Statutory Warranty Deed Granlor(s):FRANK S. TIEGS AND JANET L. TIEGS, HUSBAND AND WIFE `0 Grattice(s):FIRST CHURCH OF CHRIST SCIENTIST, PASCO A WASHINGTON CORPORATION AbbrcviatcdLegaL•LOT , BLOCK PORTION OF SECTION 15, TOWNSHIP 9 NORTH, RANGE 29 Fell Legal Description an Page 2 Assessors Tax Parcel Number(s):I17-330-059IOP THEGRANTOR FRANK S. TIEGS AND JANET L. TIEGS, HUSBAND AND WIFE for and in consideration ofTEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand Void,conteys andtvarranLS to FIRST CHURCH OF CHRIST SCIENTIST, PASCO A WASHINGTON CORPORATION the following described real estate,situated in the County of FRANKLIN ,State of Washington: - See Attached EuMbll"A" This deed is given in fuMnient of that certain real estate contract between the parties hereto,datod January ? 09, 1997 ,and conditioned for the conveyance of the above described property,and the covenants of warranty herein contained shall not apply to any titie,torerest or encumbrance arisin g by,throuoh or under the .., ppurchaser in said contract,and shall not apply to any taxes,assessments or other charges Icvtcd,assessed or becoming due subsequent to the date of said contract. x Real Estate FxrkTaxwas paid on this sale or stamped exempt on Rce.No, Dated this 09 day of January 1997 6 _ Hy HY �X` �-&ALP,© _ r FRANK S, TIEGS JAN L. TIEGS 13y By STATEOF WASHINGTON } SS COUNTYOF BENTON Icedlfy that I know or have satlsfactoryevklencethatFRANK S. TIEGS &JANET L. TIEGS l are the persons who appeared Ware rne, and sald persons acknowledged that they O signed this Instrument and acknowledge It to be their Be Be and voluntary act for the uses and Dated: mention Inthfs[ns Gated: �'— I.� LSNTATE a E'I L+... bru6•C�CL 11! OFvI.r:;' TESA L. ANDREWS NotaryPUb,lolnundforthaStMoof WAS INGIM ; n nny: i Residingat KENNEiJTCK 1 J Myappolnimentexplres: 1.0.31-9g 0 0 REAL ESTATE Ey-,ISS TAX Page I Famn Carmy 01d1gt>�ar Ata0 n$ �(( tjpr^�Z c \ 4 � Q xE IT` C` YCLO415 UOB25 54Q62'7 - EXHIBIT"A" EXHIBIT"A" LEGAL DESCRIPTION The North 482.75 Feet of the East 482.75 Feet of Section of 15,Township 9 North,Range 29 East,W.M.,Franklin County, Washington (Containing 5,38 acres,more or less). Together with an Easement for ingress and egress over the r North 30 Feet of the Northeast Quarter of said Section 15, Y Except the Easterly 482.75 feet thereof. @ Together with and subject to an easement for Ingress,egress and utilities over the North 30 Feet and the East 40 Feet thereof,which Grantor may dedicate at any time to the City of Pasco for a permanent public right-of-way, and which f easement shall banelit the subject property and the property described as the remainder of the Northeast Quarter and that portion of the NorthWest Quarter of the SouihEast Quarter lying Northerly of the Northerly line of interstate Highway 182, all in Section 15,Township 9 North,Range 29 East,W.M.,all being in Franklin County,Washington. Reserving unto Grantor a perpetual easement over and across the SouthWesl Quarter,of the subject property for the purposes of farming the premises so affected. including the operation of the adjoining center pivot over and across said premises as a part of said farming operation(as shown on Exhibit"C"attached hereto). Grantor and/or Its successors and assigns shall relinquish said easement when the adjoining farm operation Is terminated, t '•. Further, Grantee, at the request of Grantor and/or Its r' successors and assigns,and al no cost to Grantor,shall agree to dedicate an additional right-6f-way aver and across the r West Forty (40)Feet of the East Eighty (80 Feet of said property for the purpose of dedicating to the ity of Pasco a permanent public right-of-way for ingress,egress and utilities. Grantor may dedicate said right-of-way,at any time to the City of Pasco a permanent public right-of-way for ingress,egress and utilities over and across any portion of the East Eighty (80 Feet of sold property. Grantor agrees that Grantee will not be forced to dedicate said additional right-of-way(West 40 feet of the East 80 feet of said property)without receiving compensation from the City of Pasco or appropriate Local Improvement District(LiD), The subject property is within or near designated agricultural lands on which a variety of commercial activities may occur that are not compatible with residential and/or commercial property development for certain periods of limited duration 0 including,W not limited to,blowing dust and equipment noise, SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND CONDITIONS OF RECORD. INITIAL Pop z LPX11 J 4' 540627 ,. 8 r. i. . T 0 - EC k g IT C. 0 EEHEBIT "C" 26' ELECTRICAL DISTRIBUTION SYSTEM EASEUEHT TD FC PVD 11 AFJ 549700 2D' tYATCR LINE EASEWEHT TO THE CITY OF PASCO 2657. ' �R} AFg mom 1 D 1 1 2657.0505' (M} 5. 14 \ n o Y O N 5.36 GROSS ACRES 5.01 RV ACRES v ZEDGE OF FIELD ni/ ' HEADLAND j l 269.90' !411,,EXCLUSIVE 61� INITIAL EASEMENT TO FARM .�---- , O O O r lbM;l"r'rr�ivt�iL��1�F1��'.'•'r;���5k1�'t�t7A�!!'7`•`:, -- . A r 1! EXHIBIT D BURDEN 811 10 11 4 5 1 10 I I f 15 I I LOT 2 I II SHORT PLAT 2005-02 I II (VOL. 1, PG. 628) 1 ! it f II 10' SANITARY SEWER f I I SHORT PLAT 2005-02 I SHORT PLAT 2005-02 I ff (VOL. 1, PG. 628) I II i II i fI i!2, 0' SANITARY SEWER ! I SHORT PLAT 2005-02 II 'I I 40' EASEMENT FOR INGRESS, f EGRESS & UTIUTIES, AF# 540627 15 15 14 � II I Il I II ! !I ! I} 40' EASEMENT FOR INGRESS, EGRESS & UTiUTIES, AF# 540627 f I I f II f Ii I II I II � II I II \ I !I 30' ACCESS EASEMENT---H AF# 349827 I II \ I II AGENDA REPORT FOR: City Council September 29, 2009 TO: Gary Crutchfield, C' ger Regular Mtg.: 10/5/09 Rink White, Community & con is evelopment Director FROM: Shane O'Neill, Planner I SUBJECT: REZONE - Rezone from C-1 (Retail Business) to R-1 (Low Density Residential) (MF#Z09-005) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Rezone Ordinance 3. Planning Commission Report 4. Planning Commission Minutes: Dated 9/17/09 and 8/20/09 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1015: MOTION: I move to adopt Ordinance No. granting a rezone for a parcel of land at 1302 Road 36 from C-1 to R-1 as recommended by the Planning Commission and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE 'IV. HISTORY AND FACTS BRIEF: A. On August 20, 2009, the Planning Commission conducted a public hearing to determine whether or not to recommend a rezone from C-1 (Retail Business) to R-1 (Low Density Residential) for a 0.34 acre parcel located at 1302 Road 36. 13. 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(a) ,► � �•�' .0�fit.r c� � ��� � 1 � •i r cr) Id • • 4 r t4 .. - " • - - - ir. .Xi7.1•ATES i It.3►r ►� �■la i uu ORDINANCE NO._ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF LOT 3, SHORT PLAT 2004-25, LOCATED IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 9 NORTH, RANGE 29 EAST FROM C-1 (RETAIL BUSINESS) TO R-1 (LOW DENSITY RESIDENTIAL). 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, 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 C-1 (Retail Business) to R-1 (Low Density Residential) for the real property as shown in the Exhibit "1" attached hereto and described as follows: Lot 3, Short Plat 2004-25 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 5th day of October 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark CMC Leland B. Kerr City Clerk City Attorney Af r 1 lfu '�r4 VWIMt, Zy • or dw uj w H 14 • �"- ! ' 4 1 �:T::rrr--TSS�.��� Ci6IF- it•1.111u1rFilf• 1 `�I• • �� .I[ar11 . . 3ii�- 1 • IL•S•1•l�i• ���� rWA ri 111• REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 09-005 APPLICANT: Anthony St. Martin HEARING DATE: 8/20/09 5361 Elm Avenue ACTION DATE: 9/ 17/09 Pasco, WA 99301 BACKGROUND REQUEST: Rezone from C-1 (Retail Business) to R-1 (Low Density Residential) 1. PROPERTY DESCRIPTION: Legal: Lot 3 of Short Plat 2004-25. General Location: 1302 Road 36, approximately 515 feet south of Court Street Property Size: Approximately 0.34 acres (14,810 square feet) 2. ACCESS: The property has access from Road 36. 3. UTILITIES: Municipal utilities are currently located in Road 36. 4. LAND USE AND ZONING: The subject parcel is zoned C-1 (Retail Business) and is currently vacant. Land use and zoning for surrounding properties are as follows. North - C-1 - Bi-State Siding & Window Inc. East - C--3 - U.S. Post Office South - R-S-12 --- Single Family Residence West - R-1 - Two (2) Single Family Residences 5. COMPREHENSIVE PLAN: The site is in a transitional area of the Comprehensive Plan Land Use Map located on the border of a, Commercial designation and a Low-Density Residential designation. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of non-significance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS The site in question is located about 500 feet south of Court Street surrounded on the south and west by single family development and the Post Office to the east. In 2005 the lots directly to the west of the site were rezoned from C-1 to R-1 and developed with homes the following year. This site was zoned C-1 about 30 years ago when it was annexed to the city. The property at the north end of Road 37 was also rezoned from C-1 to R-1 in 2002 and developed with single family homes shortly thereafter. The property to the east of the site was developed with the Post Office in the late 1980's. The Post Office constructed a large landscaped buffer along the east edge of Road 36 to provide a visual buffer between the Post Office parking area and existing and future homes to the west. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: Properties to the west were rezoned in 2002 and 2005 and developed with single-family dwellings. All properties to the south and west are now developed with single-family dwellings. The Post Office property to the east was developed with a large landscaped buffer to provide a visual and aesthetic barrier between the Post Office and the properties on the west side of Road 36. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. The character of the neighborhood on Road 36 between Court Street and Sylvester Street is generally residential in nature. Rezoning the property in question to R-1 will support previous residential rezones in the neighborhood and will protect the residential nature of the west side of Road 36 thereby advancing the general welfare of the area. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan. Rezoning the property will help maintain the residential integrity and value of the residential properties in the neighborhood while support Comprehensive Plan policies that encourage preservation of existing neighborhoods and providing housing opportunities for Pasco residents. 4. The effect on the property owners or owners if the request is not granted. The owners would have no opportunity to develop the property for residential uses. The property has proven to have little utility for commercial uses and would likely continue to remain vacant. 5. The Comprehensive land use designation for the property. The property is located in a transition area between two Comprehensive Plan designations—low density residential and commercial. 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 currently zoned C-1. 2) The site has been zoned C-1 for approximately 30 years 3) The site is vacant. It was annexed 30 years ago. 4) C-1 properties to the west were rezoned to R--1 in 2002 and 2005. 5.) Properties to the west are zoned R-1 and developed with single-family dwellings. 6) Properties to the south are zoned R-S-12 and developed with single-family dwellings. 7) The neighborhood on Road 36 between Court Street and Sylvester Street is generally residential in nature. 8) The Pasco Post Office was developed in 1987 to the east with a large landscaped buffer and provides a stable and adjacent land use CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.88.060. From the criteria the Planning Commission must determine whether or not: (1) The proposal is in accord with the goals and policies of the Comprehensive Plan. The proposal rezone site is in a transition area between two Comprehensive Plan land use designations. The rezone would support the policies of the Comprehensive Plan dealing with providing housing for residents. (2) The effect of the proposal on the immediate vicinity will be materially detrimental. The proposal would have a positive effect on the surrounding area by eliminating the potential for commercial uses adjacent to recently constructed single family homes. The rezone may also hasten the development of a parcel that has been skipped over by past development. (3) There is merit and value in the proposal for the community as a whole. Encouraging the in ZZ of a vacant parcel has merit and value to the community as a whole. Allowing residential development to occur on the parcel will help maintain and preserve the value of nearby residential properties which has a positive impact on the community. (4) Conditions should be imposed in order to mitigate any significant- adverse impacts from the proposal. The proposal would not need special conditions to negate adverse impacts because the proposal would be compatible with surrounding residential zoning. (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. No agreement would be required. RECOMMENDATION MOTION for Findings of Fact: 1 move the Planning Commission adopt the Findings of Fact as contained in the September 17, 2009 staff report. MOTION for Recommendation: I move, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council rezone the site from C-1 (Retail Business) to R-1 (Low Density Residential). a . J'� •yam S � . . � ' !� 1< IL M I lk 4L� k 171 +. o .. U. fill r K a Mom " - _- uct r� \' Lu -111 low 7. .;4 O � oo - Q • • O Y f.1 as T • "' � - U ;J, • IVI aj w _.rt F A_ A wr •POO •moo ZZ � Q . �j 1 .,adl.ur Fidr lks Mi. e l� . . -• - r. .�. •i�rita i�'��[.'ytrr�►�md■jmA w W l 4 V � o 4� -VE ado p ct s � - FM L C) rn C/) U) � o - . . > 8E : - - . OJ_ Fz,> I t W y.Ta1 M1.11l�—Vf.9 N=w1 r 1111111 n.r.RIAIZ-.l a E ii ur ua4011, A'CI lV rULOA ii l.I.J J Ct.I`7fL.Cn11-11E��J!��1.JU1!��► a ILUI M V8 CIVMj � C cQ �, OC ° o w o • • _. �__ a> �1 ,� ► N r Q ;z F d� ct N iw i N 88 ti0�t1 �•I i _ �. j wf Srorals iulrf-isoVra.=m1 I i•1•lYt•J��1�I[�llrl►rr/Jr�'1.1111•Jl�► Planning Commission Minutes 8/20/09 PUBLIC HEARINGS: A. REZONE Rezone from C-1 to R-1 (1300 Block of Road 36) (St. Martin) (MF# Z09-0051 Chairman Samuel read the master file number and asked for comments from staff. Staff explained the applicant had applied to rezone the property in question from C-1 to R-1. Staff discussed the site location and reviewed surrounding zoning and land uses along with other information contained in the written staff report. Chairman Samuel opened the public hearing, after three calls and no response, the public hearing was closed. Commissioner Hay asked staff if they have received any correspondence or comments from surrounding neighbors. Staff stated no. Commissioner Rose moved, seconded by Commissioner Anderson, to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the September 17, 2009 meeting. The motion passed unanimously. Planning Commission Minutes 9/17/09 C. REZONE Rezone from C-1 to R-1 d 1300 Block of Road 36 St. Martin) (MF# Z09-OOS Chairman Samuel read the, master file number and asked for comments from staff. Staff had no additional comments on the rezone. Commissioner Hay moved, seconded by Commissioner Anderson, that the Planning Commission adopt the Findings of Fact as contained in the September 17, 2009 staff report. The motion passed unanimously. Commissioner Hay further moved, seconded by Commissioner Anderson, that based on the Findings of Fact as adopted, the Planning Commission recommend the City Council rezone the site from C-1 (Retail Business) to R-1 (Low-Density Residential). The motion passed unanimously. AGENDA REPORT FOR: City Council September 21, 2009 TO: Gary Crutchfield a ager . W/Shop Mtg.: 09/28/09 Rick Terway, Ad inis ive& Communi s Director Regular Mtg.: 10/05/09 FROM: Debbie Clark, City Clerk SUBJECT: "FOR HIRE—VEHICLES" LICENSING REQUIREMENTS I. REFERENCE(S): 1. Proposed Ordinance, Amending Chapter 5.45"For-Hire Vehicles" II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 09/28:Discussion 10/05:Motion: I move to adopt Ordinance No. amending Chapter 5.45 For-Hire Vehicles, of the Pasco Municipal Code; and authorize the publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) April 2008 Chapter 5.45 For-Hire Vehicles was amended to accurately reflect current business license procedures and amend Pasco Municipal Code to conform to State standards regarding For-Hire Vehicle businesses and Driver Permits. B) After a year of license processing, staff has noted the need for further clarification regarding licensing requirements. Please note the proposed revisions do not take away from the integrity and safety aspect of the existing ordinance. Proposed amendments are as follows: 5.45.040 OPERATOR'S VEHICLE LICENSE Clarification that each vehicle including the business license must be approved prior to conducting business; 5.45.060 OPERATOR'S BUSINESS LICENSE—TERM Clarification to the Operator that all applicable requirements of PMC 5.45 must be met prior to conducting business, including the approval for all Driver Permits; 5.45.090 DRIVER'S PERMIT- FEE Clarification to the Driver's Permit fee, an annual fee along with a new permit application will be required. Each of the above amendments add strength to the requirement of maintaining current licensing requirements and renewing appropriate license(s) in a timely manner; 5.45.100 DRIVER'S PERMIT- QUALIFICATIONS Clarification regarding drivers operating in an independent contractor status, and clarification regarding educational requirements; 5.45.110 DRIVER'S PERMIT- REQUIREMENTS Amendment to clarify the need of an "annual" criminal history check, and also correct a typographical error noted during the codification process; 5.45.150 INSURANCE Amendment to clarify each Operator to provide proof of insurance coverage for their Drivers; 5,45.170 FARES Amendment requesting a copy of the metered Fare schedule to be kept on file. C) Staff recommends amending Chapter 5.45 "For-Hire Vehicles". 8(b) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, amending Section 5.45.040 "Operator's Vehicle License"; Section 5.45.060 "Operator's Business License — Term"; Section 5.45.090 "Driver's Permit — Fee"; Section 5.45.100 "Driver's Permit — Qualifications"; Section 5.45.110 "Driver's Permit — Requirements"; Section 5.45.150 "Insurance"; and Section 5.45.170 "Fares" WHEREAS, amendments to Chapter 5.45 of the Pasco Municipal Code are necessary to be consistent with these changes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 5.45.040 entitled "Operator's Vehicle License" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.45.040 OPERATOR'S VEHICLE LICENSE. No For-Hire Vehicle shall be used operated in the City unless such vehicle is licensed and an Operator's Business License has been approved pursuant to Section 5.45.050 and 545.060 her-eo (Ord. 3858, 2008; Ord. 3335 Sec. 2, 1998.) Section 2. That Section 5.45.060 entitled "Operator's Business License — Term" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.45.060 OPERATOR'S BUSINESS LICENSE — TERM. Each Operator's Business License shall be valid for one year from issue, and no fractional License shall be issued. Such license shall begin Januaryl st of each year and terminate the following December 3151, and must be renewed annually on the first regular business day of January, but in no case later than the last regular working day of February each year. No Operator Business License shall be issued until all a licable requirements of PMC 5.45 have been met. (Ord. 3858, 2008; Ord. 3335 Sec. 2, 1998.) Section 3. That Section 5.45.090 entitled "Driver's Permit — Fee" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.45.090 DRIVER'S PERMIT — FEE. No person shall drive a For-Hire-Vehicle within the City without first obtaining a Driver's Permit. No Operator shall utilize a Driver who is not permitted as provided herein. Annual fee, as set forth in Chapter 3.07 of this code, shall accompany the application for the Permit. In all cases where an Operator desires to act as a Driver, he shall, in addition to the requirements for the Operator's License, secure a Driver's Permit. (Ord. 3858, 2008; Ord. 3335 Sec. 2, 1998.) Ordinance Amending Chapter 5.45 - 1 Section 4. That Section 5.45.100 entitled "Driver's Permit - Qualifications" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.45.100 DRIVER'S PERMIT — QUALIFICATIONS. No person shall be issued a Driver's permit unless the person: A) Is at least twenty-one (21) years of age and possesses a valid state driver's license; and B) Complies with all state laws and regulations relating to For-Hire Vehicles and provides a copy of such proof including but not limited to the following: 1) Proof of age—21 years or older. 2) Valid State of Washington driver's license. 3) Proof of UBI (independent contractor). 4) Proof of insurance (independent contractor liability and property insurance). 65) Proof of successfully completing a training course approved provided by Was ingtr Star Department of ' ioensin the National Safety Council; or school licensed by the Workforce Training and Education Coordinating Board. -76) Proof of successfully having passed a written examination appreved provided by Washington State Department of Lieensin n the National Safety Council; or school licensed by the Workforce Training and Education Coordinating Board. (applicable to limousine operators only and renewable every 3-years). 87. Copy of a medical certificate certifying the individual's fitness as a chauffeur(renew every 3-years). The applicant shall file with the City Clerk an application on a form furnished by the City Clerk, which shall be signed and sworn to by the applicant and which shall set forth the following facts concerning the applicant. Name, height, weight, color of hair and eyes, residence address, place and date of birth, length of time a resident in Pasco, whether a citizen or non- citizen, last place of employment, whether previously permitted and if so where and whether or not the Permit was ever suspended or revoked and for what cause, and such other information as the City Clerk may require. (RCW 28C:1Q, RCW 46.72, RCW 46.72A and RCW 81.72) (Ord. 3858, 2008; Ord. 3560 Sec. 39, 2002; Ord. 3335 Sec. 2, 1998.) Section 5. That Section 5.45.110 entitled "Driver's Permit — Requirements" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.45.110 DRIVER'S PERMIT — REQUIREMENTS. Before a Driver's Permit shall be issued, the applicant shall submit to and/or supply the following to the Pasco Police Department: A) To being fingerprinted for a non-refundable fee as set forth in Chapter 3.07 of this code; B) Photographed annually for as non-refundable fee as set forth in Chapter 3.07 of this code; Ordinance Amending Chapter 5.45 -2 C) Driver's check; D) Criminal history check--annually for a one time non-refundable fee as set forth in Chapter 3.07 (RCW 46.72, RCW 42.72A46.72A and RCW 81.72); E) Health Department TB test results on an annual basis; and F) Outstanding warrants check. The Chief of Police shall notify the City Clerk with the approval or disapproval of the applicant's qualifications. (Ord. 3858, 2008; Ord. 3335 Sec. 2, 1998). Section 6. That Section 5.45.150 entitled "Insurance" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.45.150 INSURANCE. Each Operator and Dfive r must maintain, during the term of a License or Permit, as the case may be, insurance or a bond as prescribed by RCW 46.72. (Ord. 3335 Sec. 2, 1998.) Section 7. That Section 5.45.170 entitled "Fares" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.45.170 FARES. A) There shall be conspicuously displayed in each For-Hire Vehicle, and at such other places as may be required by the City, a schedule of fares to be charged for conveying passengers within the City. B) An Operator or Driver shall charge no more than the scheduled fee.. Each Operator shall maintain a current fare schedule on file with the City Clerk. C) Fares shall be determined on an hourly basis or by metering. If fares are metered, meters shall be annually calibrated by the meter's authorized representative and a copy provided to the City Clerk upon license renewal. (Ord. 3858, 2 00 8; Ord. 3335 Sec. 2, 1998.) PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of 52009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney Ordinance Amending Chapter 5.45 - 3 AGENDA REPORT NO. 31 FOR: City Council October 1, 2009 TO: Gary Crutchfi Manager FROM: Robert J. Albe s, Public Works Director Regular Mtg.: 10/05/09 SUBJECT: C-Curb on Burden Boulevard 1. REFERENCE(S): 1. Vicinity Map 2. Letter Agreement 3:. Reciprocal Access Agreement Il. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDA'T'IONS: 10/05: MOTION: I move to authorize the City Manager to execute a letter agreement with the owners of 7007 Burden Blvd. and 7111 Burden Blvd. committing the city to reimburse the reasonable cost of parking lot alterations in conjunction with the installation of a curb on Burden Blvd. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Bruce Haldors of The TRANSPO Group outlined to Council on November 24, 2008 needed improvements in the Road 68 and Burden Boulevard Corridor. One of the recommendations was to install C-Curb in Burden Boulevard to eliminate the left turn movements to the Shell Station and Dugout Tavern. In 2008, this entrance was the highest traffic accident location in the City. This topic was again discussed at the January 26, 2009 meeting. Prior to making a decision on this recommendation, staff was asked to evaluate options for the property owners. V. DISCUSSION: A) Staff has held discussion with the property owners regarding having access into the Yokes property. The discussions have resulted into an agreement between the owners of the Yokes property, Pasco Association LLC, the owners of the Dugout Tavern and Dr. Matt Herres' property. An access entrance would be built between Yokes and Dr. Herres' property. Another entrance would be created between the Dugout Tavern and Dr. Herres' property allowing both properties access to and from the Yokes site. The improvements and agreement does not include the Shell Station. The owners of the Yokes property were firm that only one common access point would be acceptable. The access point selected had the least impact on the properties in the agreement. Trying to provide access to the Shell Station would have required additional parking spaces be eliminated from the Dugout Tavern which would not be acceptable. B) Staff concluded from the discussions with Council that the City would be willing to assume some financial responsibility to find a solution. The proposed letter to the property owners from the City Manager would commit the City to reimburse the owners for the costs to make the improvements. The estimated cost is $6,000 to $10,000. Since the agreement with the owners of the Yokes property is a use agreement, any party can terminate the agreement. The City's letter agreement would also guarantee restoration of the sties if the agreement was terminated. C) The property owners affected are in agreement. Staff recommends Council to authorize the City Manager to execute the letter agreement. Staff also recommends that following the installation of the access improvements, the C-Curb in Burden Boulevard be installed. 14(a) I-ILI 1' ErL, + i. ot --, -Id NOUN3ANOO- IAl L'i"� j o t'wia 1 0 i� t t W W f Oulu I I � Q i 1 / Q t+tc Itttr , i q �I . .. I_ (fin.-.F , ,.+ 'i• t -- -Ti-. � %. {I ` Z N1 31N3P4310 W GO r�r µ`,K i� 1 't ,+n� -'��. ♦ . NID nit s t Tk � t �� ..C• .1 ,t - _ + i�lF' � l Q + ` ,; 1.'1. ♦OF: �' / W C e.i e�4cw�let UA dOL 1, ..�•' i ,, r� �► �t „`-��.. i! � r =` '' t s4'U pt7►r� tl • . CITY MANAGER (509) 545-3404 / Fax (509) 545-3403 P.O. Box 293, (525 North 3rd Avenue) Pasco- Washington 99303 / www.pa'co-na-go\ September 10, 2009 Jeffrey L. Tucksen Poppi Raymen PO Box 3167 Pasco WA 99301 Matt Herres Michelle Herres MGMO 4M, LLC 3006 Road 76 Pasco WA RE: Burden Boulevard Improvements/Yokes Driveway Access Dear Mr. Tucksen, Ms. Raymen, Mr. & Mrs. Herres: The City of Pasco is installing a lane divider on Burden Blvd near its intersection with Road 68 for the purpose of reducing the number of traffic accidents occurring at that intersection. The above property owners have asserted a claim that the barrier installed on Burden Blvd will limit traffic access to their properties by eastbound traffic on Burden Blvd. In full satisfaction of these claims, the City of Pasco has agreed to facilitate the agreement between the affected property owners and the owner of the Yokes Market property immediately north, for a driveway access linking their property as identified in the drawing and aerial photograph attached to this letter as Exhibit A. As further consideration for the full release of the property owner's potential claims against the City resulting from the improvements to Burden Blvd, the City of Pasco shall reimburse the property owners the actual reasonable costs (subject to prior cost approval by the City Engineer) of the construction of a 22-foot driveway between the clinic property and the Yokes' property including removal of the existing chain-link fence and landscaping, as well as installation ofthe asphalt driveway to link the two parking lots. In addition, the City will reimburse the property owners the actual costs of any curb cuts or other transitions necessary (in the opinion of the City Engineer) for the 24-foot driveway between their respective properties, In return, the property owners agree to maintain unobstructed a 24-foot driveway between their properties in the location as designated on Attachment A. Mr. Tucksen, Ms. Poppi Raymen Mr. & Mrs. Herres September 10, 2009 RE: Burden Boulevard Improvements/Yokes Driveway Access Page 2 Contemporaneously with this letter agreement, a Reciprocal Access Agreement is being entered into between the property owners and the owners of the Yokes' property. Each of the property owners shall faithfully comply with the terms of that agreement which is wholly within their control. The City will have no responsibility for the parties' compliance with that agreement, nor its duration, nor shall termination revive any claim of the property owners regarding the placement of the barrier on Burden Blvd nor negate this absolute release of any claims regarding its placement. In the event of termination of the Reciprocal Access Agreement, the City of Pasco shall reimburse the property owners the actual reasonable cost of restoring the chain-link fence, between the clinic property and the Yokes Market property. This letter agreement constitutes the full agreement between the City of Pasco and the property owners and constitutes a full and complete release of any claims the property owners might have against the City incident to the above-described improvements on Burden Blvd which shall remain in place regardless of any subsequent modification or termination of the Reciprocal Access Agreement or change in uses of the above properties. Sincerely, Gary Crutchfield City Manager GC/tlz attachment Acknowledgement of Receipt and Acceptance of the Terms of this Letter Agreement Jeffrey L. Tucksen Date Poppi Raymen Date Matt Herres Date Michelle Herres Date WHEN RECORDED,PLEASE RETURN TO: City of Pasco 525 North P Pasco WA 99301 RECIPROCAL ACCESS AGREEMENT THIS RECIPROCAL ACCESS AGREEMENT is hereby made and entered into this day of August, 2009, between PASCO ASSOCIATES, LLC, a Washington Limited Liability Company, hereinafter referred to as "Yokes"; MGMO 4M, LLC, a Washington Limited Liability Company, hereinafter referred to as "Clinic"; and JEFFREY L. TUCKSEN and POPPIE RAYMEN, hereinafter referred to as "Dugout" for the purpose of providing joint access to their adjacent properties for the benefit of present and future owners. IN CONSIDEREATION OF MUTUAL COVENANTS contained herein, it is agreed as follows: I Benefitted Properties. A. Pasco Associates, LLC, is the owner of certain real property described as follows: That property generally known as "Yokes Market" at 4905 Road 68, and more particularly described as follows: Tax Parcel No. 116-160-053 THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., CITY OF PASCO, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION, THENCE NORTH 89 043'48" WEST ALONG SOUTH LINE OF SAID SECTION 591.15 FEET, THENCE NORTH 00°16'12" Reciprocal Access Easement- 1 EAST 685.63 FEET,THENCE NORTH 89°43'48"WEST 497.45 FEET TO THE TRUE POINT OF HEGINNTNG; THENCE SOUTH 00014'12" WEST 184.69 FEET, THENCE NORTH 89°43'12" WEST 125.18 FEET, THENCE NORTH 00°14'12" EAST 184.69 FEET, THENCE NORTH 89°43'48" WEST 80.30 FEET, THENCE SOUTH 14 000'33' EAST 421.01 FEET, THENCE SOUTH 89 043'48" EAST 599.09 FEET, THENCE NORTH 00-16'12" EAST 408.00 FEET, THENCE NORTH 89°43' 48" WEST 497.45 FEET TO THE SAID POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS, AND RESTRICTIONS OF RECORD AND IN VIEW. B. MGMO 4M, LLC, is the owner of certain real property described as follows: That property generally known as "Chiropractic Clinic", located at 7707 Burden Blvd, and more particularly described as follows: Tax Parcel No. 116-160-025 THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION, THENCE NORTH 89°43'48" WEST ALONG SOUTH ,SINE OF SAID SECTION 691.08 FEET, THENCE NORTH 00°16'12" EAST 45.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF- WAY LINE OF BURDEN RD., SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE NORTH 89 043'48" WEST ALONG SAID RIGHT-OF-WAY LINE 100,00 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL DEPICTED AS LOT 2 OF BSP 98-07, RECORDS OF FRANKIN COUNTY; THENCE NORTH 00 016'12" EAST ALONG THE EASTERLY LINE OF SAID LOT 2 OF BSP 98-07 A DISTANCE OF 232.63 FEET TO A POINT ALONG ON THE NORTH LINE OF THE SOUTH 277.63 FEET OF SAID SECTION; THENCE SOUTH 89 043'48"EAST ALONG SAID NORTHERLY LINE OF THE SOUTH 277.63 FEET A DISTANCE OF 100.00 FEET; THENCE SOUTH 00016'12" WEST 232.63 FEET TO THE SAID TRUE POINT OF BEGINNING; 'Reciprocal Access Easement -2 ALSO KNOWN AS THE WESTERLY 100.00' OF LOT l OF BINDING SITE PLAN NO. 98-07-1 CONTAINING 23,263 SQ. FT; TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR ACCESS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE SOUTH 89°43'48" EAST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF BURDEN ROAD 20.00 FEET; THENCE NORTH 000 16'l 9" EAST 40.00 FEET: THENCE NORTH 89 043'48" WEST 40.00 FEET; THENCE SOUTH 00°16'19" WEST 40.00 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE; THENCE SOUTH 89 043'48" EAST ALONG SAID NORTHERLY RIGHT-OF-WAY 20.00 FEET TO THE SAID POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS, AND RESTRICTIONS OF RECORD AND IN VIEW. C. Jeffrey L. Tucksen and Poppie Raymen are the owners of real property described as follows: That property generally known as the "Dugout", located at 7111 Burden Blvd., and more particularly described as follows: Tax Parcel No. 116-160-031 THAT PORTION OF THE SOUTH 277.63 FEET OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHP 9 NORTH, RANGE 29 EAST, W.M., FRANKLIN COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE NORTH 89 043'48" WEST ALONG THE SOUTH LINE THEREOF 891.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00016'12" EAST 277.63 FEET; THENCE SOUTH 89 043'48" EAST 100.00 FEET; THENCE SOUTH 00°16'12" WEST 277.63 FEET; THENCE NORTH 89°43'48" WEST 100.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THE SOUTH 45 FEET THEREOF FOR CITY ROAD RIGHT OF WAY, Reciprocal Access Easement-3 2. Declaration of Reciprocal Driveway License. A Reciprocal Driveway License is hereby created for the benefit of the parties and their successors in interest and future owners of the above-described real properties, providing ingress and egress by and between the above-described properties as designated in Exhibit A attached hereto and incorporated herein as a part of this Agreement, consisting of- A. A 22-foot access driveway between the Yokes property and the Clinic property. B. A 24-foot driveway access between the Clinic property and the Dugout property. The parties and their successors in interest shall, until revoked as provided herein, have full right of privilege and authority to utilize the described driveway accesses for ingress and egress and for all surface uses consistent therewith. 3. Parking Restriction. Nothing herein shall grant or be construed to grant reciprocal parking rights to the owners, customers, or invitees of Clinic or Dugout upon the Yokes property. No spill-over parking shall be permitted. Violation of this term shall constitute a breach of this Agreement and may result in its termination as provided below. 4. Construction of Improvements. A. Dugout and Clinic shall provide and be solely responsible for the costs of the installation of the improvements identified in Section 2 above, including removal of the existing fencing and landscaping, and the construction and paving of a level grade driveway access at such location in accordance with the specifications of the City of Pasco as designated on Exhibit A. Yokes shall have no responsibility for the reimbursement of any costs associated with such improvements. B. Dugout and Clinic shall remove any curbing or obstacle to the driveway access between the Dugout property and the Clinic property including the reconfiguration of parking designations consistent with the existence of the driveway access as designated on Exhibit A. S. Access Runs With the Land. This License shall be appurtenant to and run with the above-described real property and shall be binding on all parties having or acquiring any interest, title or right in the above-described real properties, or any part thereof,unless terminated as provided below. Reciprocal Access Easement-4 6. Termination. Any party may terminate this Iicense upon advance 60-day written notification of termination on the grounds that: A. Within their sole discretion, a party determines that the mutual access agreement in any way negatively affects the business or parking of the party or creates a hazard. B. An uncorrected violation of the terms of this Agreement continues to exist thirty (30) days following written notice. C. Upon termination, the fence removed pursuant to Section 4A above shall be restored by, and at the sole expense, of the "Dugout" and the "Clinic"within sixty (60) days of the termination date. 7. 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, the parties shall first meet in a good faith attempt to resolve the dispute. Any unresolved dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs as an additional award. IN WITNESS WHEREOF, the parties have executed this Reciprocal Access Agreement by and through their authorized representatives on this day of , 2009. Reciprocal Access Easement-5 Z1 ...... .. �'. PASCO ASSOCIATES, L�C O�:•��gSION��A�., STATE OF WASHINGTON ) �'j►•.-9pp��,,__ 'o t �:•.,.?JL 09.,�•.� COUNTY OF Franklin ) ss. f�'''•,'c��fi,WAS��A``���� On this Sb day of , 2009, before me, personally appeared 'f,ht"-nas �?-, Q(A14ji9 \'e �IP-M bi-ft of Pasco Associates, LLC, to me known to be the i dividual who executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunder set my hand and seal the day and year first written above. y NOTARY PUBLI in and for the State of Washington Residing at �V P , My Commission xpires: MGMO 4M, LLC By: STATE OF WASHINGTON ) ) ss. COUNTY OF Franklin ) On this day of 2009, before me, personally appeared of MGMO 4M, LLC, to me known to be the individual who executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed, for the uses and purposes therein mentioned. INT WITNESS WHEREOF, I have hereunder set my hand and seal the day and year first written above. NOTARY PUBLIC in and for the State of Washington Residing at My Commission Expires;_ Reciprocal Access Easement-6 JEFFREY L. TUCKSEN By — STATE OF WASHINGTON ) ) ss. COUNTY OF Franklin ) On this _ day of _; 2009, before me, personally appeared of to me known to be the individual who executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunder set my hand and seal the day and year first written above. NOTARY PUBLIC in and for the State of Washington Residing at My Commission Expires: _ Reciprocal Access Easement -7 PROPOSED LAYOUT FOR THE EXISTING CHIRPRACTIC OFFICE AND THE DUGOUT YOM llb ' ` f ML df f- _ musrwG CUM � ma wm suss RBYOYB T� EILSTDiG _. Amok— REMOVE 92' OF mamm CHM U N[ FRNCL \ 0. \ 4 THE I OFFICE • DUGOUT ° BURDEN BLVD AGENDA REPORT TO- City Council October 1, 2009 FROM: Gary Crutch y Manager Regular Mtg.: 10/5/09 SUBJECT: River Crossin Study I. REFERENCE(S): 1. Letter from BFCG to Mayor Olson dated 8/27/09 (2 pages) 2. Study Boundary Map II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 10/S MOTION: I move to approve City of Pasco participation in the Columbia River Bridge Study, contingent on the following provisions: ■ Kennewick and Richland participate in the study; The study criteria place greatest emphasis on relief of urban traffic congestion; ■ All local jurisdictions participating in the study pay equal shares of study cost. III. FISCAL IMPACT: $18,000 - $40,000 from General Fund IV. HISTORY AND FACTS BRIEF: A) The Benton Franklin Council of Governments (BFCG), at the request of the City of Pasco and others, has planned the conduct of a bridge study to determine the best location for another river crossing to relieve growing and projected urban traffic congestion. BFCG obtained a commitment of $125,000 from the Washington State Department of Transportation (WSDOT), representing half the estimated $250,000 study cost. B) The BFCG Board has determined that the affected jurisdictions (and special purpose districts, such as Ports) participate financially, in accordance with a cost allocation reflected in the attached letter. The BFCG Board has determined that a sing steering committee, consisting of elected officials, would oversee the consultant's work. BFCG desires to know of each jurisdiction's willingness to commit to the requested funding level and participation in the study. V. DISCUSSION: A) City Council discussed this matter at its September 14 workshop and asked for clarification of the study boundary (geographic) and the scope of the study (what is the study intended to conclude). • Geographic Boundary; BFCG provided the map attached as Reference 2. The map illustrates the formal "highway urban area" boundary (in gray) and the "potential"bridge locations (presumably, those to be studied). • Scope: Mark Kushner (BFCG Transportation Planning Manager) indicates the actual scope of work will be determined by the steering committee when contracting with the eventual consultant. He confirmed that discussions by steering committee members over the past several months have raised the prospect that "economic development" could be a significant criteria, rather than "urban congestion." 1o(b) B) In addition to the foregoing issues, the cost sharing formula reflects that Walla Walla participation would be half the rate of their peers, yet have full voting rights on the committee. In addition, Ports would have full voting rights but contribute a fraction of the cost of the cities. C) In view of the need for another bridge to relieve growing congestion in the urban area, staff recommends Pasco participation. However, Council may wish to condition its participation on one or more of the following: • That the scope of work for the study clearly reflect that the next Columbia River crossing location be determined primarily by its ability to relieve projected urban traffic congestion. • That all participants pay the same amount, if afforded the same voting weight on the steering committee. B Benton-Franklin Council. of Governments F + 1622 TERMINAL DRIVE Phone: (509)943-9185 /. P.O.BOX 217 FAX: (509)943-6756 �7 RICHLAND,WA 99352 WWW.BFCOG.US PASCO CITY HAl ' P7r,FIVFn August 27, 2009 AUG 2 8 2Gli To: Joyce Olson, Mayor C I i Y O i F FJC E R Subject: Columbia River Bridge Crossing Study Budget and Selection of Jurisdiction Voting Member. Dear Mayor, The BFCG and many MPO jurisdictions have been looking at a new crossing of the Columbia River over the last few years. This legislative session a$250,000 study proposed by the BFCG was half funded per WSDOT in June. The funding was available July 1St, 2009. Based on many meetings over the last year it has been determined that this is a truly regional study and multiple members should be involved in the recommendations. Last Friday, the BFCG Board approved a recommended funding approach to match the legislative funds. Your jurisdiction's amount is shown on the attachment as well as the other metropolitan partners. This notice should help member agencies that are in the 2010 budget process. Additionally, the Board approved a steering committee to help guide the study and the consultant. We are asking that you notify us of who your Elected Official will be on this study. Alternates will be allowed but members must be elected officials in order to vote. Technical staff members are encouraged to attend but are not allowed to vote. We would appreciate your response to these two requests by September 18,2009 so we can schedule our first meeting before Oc er. It is anticipated that the st will last about one year. Please call me if you have any questions, Sincerely, ushner cc: Gary rutchfield, City Manager Attach: BFCG recommended budget. MP 5056-MK-W-09 AGENDA ITEM: 17B ia Benton4ranklin Council of Governments 1622 Terminal Drive Phone : (509) 943-9185 P.O. Box 217 Fax: (509)943-6756 Richland,WA 99352 August 11, 2003 TO: BENTON-FRANKLIN COUNCIL OF GOVERNMENTS BOARD Bob Koch, President FROM: Executive Committee Bob Koch, President SUBJECT: Columbia River Crossing Study Funding Proposal and Alternates RECOMMENDATION: Encourage individual jurisdiction participation in the funding of the Columbia River Crossing Study as indicated below; and that voting committee alternates must be an elected official. CRCS STUDY PAC FUNDING PROPOSAL JUSIDICTION $ Amount % New $ BFCG 15,000.00 15.0% 18,750.00 Kennewick 15,000.00 15.0% 18,750.00 Pasco 15,000.00 15.0% 18,750.00 Richland 15,000.00 15.0% 18,750.00 Benton County 10,000.00 10.0% 12,500.00 Franklin County 10,000.00 10.0% 12,500.00 Walla Walla County 2,500.00 2.5% 3,125.00 Port of Benton 5,000.00 5.0% 6,250.00 Port of Kennewick 5,000.00 5.0% 6,250.00 Port of Pasco 5,000.00 5.0% 6,250.00 Port of Walla Walla 2,500.00 2.5% 3,125.00 100,000.00 100.0% 125,000.00 BACKGROUND: The adoption of the Columbia River Crossing Study Steering Committee at the July meeting left the study $25,000 short of full funding. Each participating jurisdiction is requested to increase their participation by twenty-five percent. CO— C\2— U) jig C14 w 1111 y7 (W 3MV0 CF) cr) 4e 4) M ffd NOAmvn a gotqvou, 15 AYMNMOXDN..Mw. I � � � Jai l � '.` \ � tn A im�. AGENDA REPORT FOR: City Council September 30, 2009 TO: Gary Crutchfie t Manager Regular Mtg.: 10/5/09 FROM: Stan Strebel, De��City Manager SUBJECT: Consultant Agreement for Energy Efficiency and Conservation Strategy 1. REFERENCE(S): 1. Proposed Agreement H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/5: MOTION: I move to approve the agreement with Honeywell for the development of an Energy Efficiency and Conservation Strategy and, further, authorize the City Manager to sign the document. III. FISCAL IMPACT: $15,900 Federal Energy Efficiency and Conservation Block Grant IV. HISTORY AND FACTS BRIEF: A) The City is eligible to receive up to $495,500 from the Department of Energy (DOE) under the Energy Efficiency and Conservation Block Grant program (EECBG). Monies can be used to design and implement projects which result in sustainable reductions in energy use. B) In order to qualify for the full grant amount, the City must develop an Energy Efficiency and Conservation Strategy (EECS) under DOE guidelines within 120 days. The City recently received proposals from consultants qualified to develop the EECS. Honeywell's proposal and experience have been determined to be the most advantageous to the City. V. DISCUSSION: A) Staff recommends approval of the agreement with Honeywell. The DOE grant will cover the cost of the work. i0(c) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and Honeywell Building Solutions, hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to develop an Energy Efficiency and Conservation Strategy NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to complete the work as outlined in Part 1: Standard Approach in that certain letter that is dated September 9, 2009, (five pages) and marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be as set forth on page 3, in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of$15,900.00 without prior authorization of the City. Honeywell Building Solutions: Energy Efficiency and Conservation Strategy i B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and deliver the work product by December 4, 2009, S. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnities"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnities from A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services other than professional services under this Agreement, or from conditions created by the Consultant in the performance or non-performance of said work or service, regardless of whether or not caused in part by the party indemnified hereunder. 6. 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. 7. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and sub-consultants during the performance of this contract. 8. 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. Honeywell Building Solutions: Energy Efficiency and Conservation Strategy 2 9. 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. 10. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs. 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 parries. 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. Notices. Notices to the City of Pasco shall be sent to the following address: CITY OF PASCO STAN STREBEL, DEPUTY CITY MANAGER P. O. BOX 293 PASCO, WA 99301 Notices to the Consultant shall be sent to the following address: HONEYWELL BUILDING SOLUTIONS FRITZ FEITEN, ENERGY SERVICES ACCOUNT EXECUTIVE 2700 RICHARDS ROAD BELLEVUE, WA 98005 Honeywell Building Solutions: Energy Efficiency and Conservation Strategy 3 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 , 2009 CITY OF PASCO CONSULTANT: HONEYWELL BUILDING SOLUTIONS By: — -_ By: - - Gary Crutchfield, City Manager Title: Honeywell Building Solutions: Energy Efficiency and Conservation Strategy 4 Exhibit A Honeywell September 9, 2009 Stan Strebel Director, Administrative and Community Services City of Pasco 525 N Third Ave Pasco, WA 99301 Re: Second Response to Energy Efficiency and Conservation Strategy RFQ Dear Stan, Please excuse the relative informality, but I thought I would address your request for a scope of work, timeline and budget for the Energy Efficiency and Conservation Strategy required for the City's Energy Efficiency and Conservation Block Grant allocation in letter form. This is addressed under Part 1. In addition, I've also provided an alternative approach based on utilizing an Energy Savings Performance Contract. This is found under Part 2. For the sake of brevity, I've used the following acronyms throughout the remainder of this document: EECS = Energy Efficiency and Conservation Strategy EECBG = Energy Efficiency and Conservation Block Grant ESPC = Energy Savings Performance Contract ESCO = Energy Services Company (such as Honeywell) EEM = Energy Efficiency Measure Part 1: Standard Approach Scope of Work The proposed Scope of Work includes all of the information gathering from City resources, analysis, calculations and report writing required to satisfy the requirements of the Department of Energy for an EECS, namely all of the information in "Attachment D Energy Efficiency & Conservation Strategy for Units of Local Governments & Indian Tribes" and the information outlined under the sub-title EECS STRATEGY beginning on page two and ending on page 3 of DOE F 4600.2 Attachment C. Key elements of the scope of work will include: • Describing the jurisdictional area covered by plan and governing body and/or office with direct authority over plan • Describing the plan implementation partners and any leverage funds from private or other public sources • Developing the baseline energy use and GHG emissions inventory and forecast for the City • Developing and describing the City's goals/objectives for total energy use and emissions reductions, and energy efficiency increase (including deployment of any renewable technologies) • Developing and describing actions/plans/strategies and an implementation schedule to meet the above goals and objectives • Identifying expected outcomes and benefits of plan, including: o Jobs created and/or retained o Energy saved o Renewable energy capacity o GHG emissions reduced o Funds leveraged • Identifying obstacles to reaching goals and strategies to remove obstacles • Developing and describing policies and/or administrative actions adopted or needed to support actions/plans/strategies/targets/schedule • Developing and describing an evaluation, monitoring and verification plan • Developing and describing a plan for how activities will be sustained beyond grant period It Developing and describing plans for the use of funds by adjacent eligible units of local governments that receive grants under the program; and plans to coordinate and share information with the state in which the eligible unit of local government is located regarding activities carried out using the grant to maximize the energy efficiency and conservation benefits under this part. ■ Developing and describing plans for how these funds will be coordinated with leverages funds, including other Recovery Act funds, to maximize benefits for local and regional communities. Proiect Team The project team will consist of Fritz Feiten, Honeywell Energy Services Account Executive; Rick Otta, PE, Honeywell Performance Contracting Engineer; Diane Beauchamp, Honeywell Business Development Director for the Clinton Climate Initiative; and for utility analysis and GHG inventory, the Honeywell Energy Analysis Team (HEAT) utilizing data supplied by the City and the Clean Air/Cool Planet GHSG inventory protocol. Timeline Data Collection: Allow 3 weeks for the City and Honeywell to collect the necessary data: a. Collection boundaries b. Collection journal c. Collect institutional data d. Collect Scope 1 emissions data e. Collect Scope 2 emissions data f. Collect Scope 3 emissions data g. Identify emission offsets Data Analysis: Allow 2 weeks for Honeywell to input and analyze the data. Page 2of5 Reporting: Allow 2 weeks for Honeywell to compile the final report and conduct a facilitated discussion on how to plan for carbon management, handle public reporting, engage stakeholders and take advantage of available educational opportunities. The total timeline is approximately 7 weeks, with most of the time directed towards data collection. .Budget The proposed professional services fee for this scope of work is $15,900. Part 2: Alternative Approach We recommend that the City consider utilizing an ESPC to both develop its EECS and implement energy efficiency measures such as the street light conversions and HVAC upgrades that have been identified or others identified in the EECS. Under an ESPC, the ESCO will: • analyze energy use in City buildings, facilities such as waste water treatment plants, and other infrastructure such as street lights and traffic signals; • identify cost-effective energy efficiency measures and their associated energy, cost and greenhouse gas savings; • implement the measures; • guarantee the predicted energy savings; • perform ongoing measurement and verification to verify savings; and • provide guidance and information necessary for post-grant reporting of ARRA funds By utilizing an ESPC, the City can both develop an EECS and combine its EECBG allocation with guaranteed energy savings to implement a comprehensive blend of energy efficiency measures and infrastructure improvements. The City can implement an ESPC by issuing and advertising a Request for Qualifications to ESCOs, making a qualifications-based selection, and negotiating a contract; or the City can sign an interagency agreement with the Washington State Department of General Administration (the GA), select one of the GA's pre-qualified ESCOs (of which Honeywell is one), and utilize the GA contract. The GA option is a more streamlined approach that can be implemented quickly, and includes project oversight by a GA energy engineer. The GA program is self-funding and the cost for a $1 million project is approximately 4% of the project cost. Scope of Work A review of the steps involved in an ESPC reveals why developing an EECS as part of the ESPC process is both a natural fit and an economical approach. As will become evident, the Preliminary Energy Study provides much of the data needed for a robust EECS and the additional professional services can be easily integrated into the ESPC process. Page 3 of 5 Pre-Installation: Preliminary Energy Study and SECS Development: This study includes analysis of energy use including electricity, natural gas and any other fuels used; analysis of Energy Use Intensity (MBTUs consumed per square foot) for each building; site visits with City personal to identify failing infrastructure; and identification of cost-effective EEMs. To this scope we recommend adding additional scope items necessary for the development of the SECS. • Investment Grade Audit: The IGA builds on the information gathered in the Preliminary Energy Study and the City's cost-effectiveness criteria. During this phase, the ESCO uses data loggers, building modeling and other techniques to create an accurate energy use baseline; engineers reductions to that baseline though the application of various EEMs; calculates the associated energy, cost and GHG reductions; and obtains firm sub-contractor quotes to determine installation costs and pay-back periods for each discrete EEM. Installation: ■ Construction: Assuming that the IGA results in an ESPC that meets the City's cost-effectiveness criteria and the City elects to proceed to construction, the ESCO acts as the general contractor, creating bid packages for the EEMs, soliciting bids, and providing comprehensive project management. The City is not obligated to select the lowest bidder for each sub-contract and may make a value based selection. ■ Commissioning: This is the systematic process of ensuring that heating, ventilating, air-conditioning, lighting, and other building systems perform according to the design intent and owner's needs Post Installation: Measurement & Verification Plan: M&V confirms the effectiveness of the EEMs installed. The plan may include but is not limited to inspections, spot measurement tests, and commissioning activities. Honeywell's standardized methods for conducting M&V on implemented EEMs are based on numerous years of performance contracting experience and conform to those outlined in documents published by the Federal Energy Management Program. a ARRA Post Grant Reporting support By incorporating the development of the EECS within an ESPC, the City will avoid duplication of effort and have a talented partner whose goals are completely aligned with the City's. Page 4 of 5 Proiect Team For this alternative, the project team will include all the team members in the Standard Approach, plus Carol Thompson, PE, Honeywell Project Manager; and Marco Clerx, Honeywell Measurement and Verification Team. Timeline The timeline for the EECS is the same as that for the Standard Approach. However, the Alternative Approach will dramatically accelerate and streamline the process for completing the EECS, implementing the EEMs, and satisfying the post-grant reporting requirements as outlined in the remainder of Attachment C and the White House Guidance on ARRA reporting published on June 22, 2009 Budget Under the ESPC process, the ESCO will not charge the City for the IGA unless the ESCO can deliver a project that meets the cost-effectiveness criteria. While this is unlikely given the availability of the EECBG allocation, Honeywell would propose a two- tier pricing approach under which the City would pay $35,900 for the IGA and EECS if Honeywell meets the cost-effectiveness criteria, and $15,900 to cover costs associated with the EECS only in the unlikely event the City was not required to pay for the IGA. Summary We believe that using the Alternative Approach from the outset offers several advantages over the Standard Approach which would require time and effort of City staff bidding and managing contracts for the installation of discreet EEMs. First, the alternative approach provides the City with access to the energy efficiency expertise of one of the largest ESCOs in the world; expertise that can be applied to identify the most cost-effective EEMs and implement them using the most appropriate technology. Second, it provides the City with guaranteed results, eliminating the City's risk while maximizing your long term cost savings and energy security. Finally, it is more cost effective and expedient approach to plan for and to implement Pasco's energy program, especially within the framework of the ARRA program. Again, thank you for the opportunity to present our proposal. Sincerely, Fritz Feiten Energy Services Account Executive Page 5 of 5 AGENDA REPORT NO. 6 FOR: City Council September 30, 2009 TO: Gary Crutchfield, Cit Robert J. Alberts, F Director FROM Reuel Klempel, Plant Division Manager Regular Mtg.: 10/05/09 SUBJECT: Award 2009 Wastewater Treatment Plant Expansion (UV Equipment Purchase), Project #09-1-05 I. REFERENCE(S): 1, Vicinity Map U. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/05: MOTION: I move to approve the purchase of replacement Ultraviolet (UV) Equipment, for the 2009 Wastewater Treatment Plant Expansion Project, 409-1-05 from Ozonia North America, Inc. in the amount of$388,255.50 including sales tax and freight charges. III. FISCAL IMPACT: Sewer Fund IV. HISTORY AND FACTS BRIEF: A) In 1996 the City constructed a new wastewater treatment plant with an ultraviolet (UV) disinfection system for the effluent which is discharged to the Columbia River. The system installed was manufactured by Ozonia North America Inc. V. DISCUSSION: A) Staff advertised in the local paper and requested quotes for replacing the UV equipment at the Wastewater Treatment Plant. One quote was received from Ozonia North America, Inc., in the amount of$388,255.50 including sales tax and freight charges. B) Installation is not part of the purchase agreement. Wastewater Treatment Plant Personnel will instal] the replacement equipment. The budget identifies $430,000 for this project. C) The existing system has reached its life expectancy and is showing degradation in efficiency and high maintenance costs. It must function properly to maintain permit guidelines set forth by the Washington State Department of Ecology. The new equipment will provide improved disinfection capabilities, increased capacity, and reduce operation costs. The life expectancy of the new equipment is twenty (20) years. When replacing existing equipment it is not uncommon to receive only one quotation from the original vendor. Staff recommends that Council approve the purchase of UV equipment from Ozonia North America, Inc. and issue a purchase order for the amount of$388,255.50 including sales tax. io(d) WASTE WATER TREATMENT PLANT EXPANSION _ s`�_�e ^+_'.�?+•'.+ . -,:L`.a:�.. ri ��• '� ' ' _rte' e � 4 + + T. r- R ' _J• �j•�' •r,, + � tS ice. . •I` �( ~r � �_ S.E. 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