HomeMy WebLinkAbout2010.09.07 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. September 7, 2010
The Council Meeting will take place on Tuesday. September 7
as City Hall will be closed Monday, September b in horror of'Labor Day.
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the
City Council and will be enacted by roll call vote as one motion(in the form listed below). There will be
no separate discussion of these items. If farther discussion is desired by Councilmembers or the public,
the item may be removed from the Consent Agenda to the Regular Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated August 16, 2010.
(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$2,046,266.18 ($253,570.97 in the form of Wire
Transfer Nos. 5534, 5536, 5539 and 5547; $274,858.58 in the form of Electronic Fund
Transfer Nos. 1022 and 1026; and $1,517,836.63 consisting of Claim Warrants numbered
178419 through 178662).
2. To approve Payroll Claims in the amount of $1,973,772.60, Voucher Nos. 41526 through
41712; and EFT Deposit Nos. 30039321 through 30039884.
(c) Lodging Tax Advisory Committee Appointments:
1. Agenda Report from Gary Crutchfield, City Manager dated August 16, 2010.
2. Resolution No. 2314.
To confirm the Mayor's appointment of the following individuals to the 2010 Lodging Tax
Advisory Committee: Hotel Representatives: Monica Hammerberg, Red Lion and Allison White,
Sleep Inn; User Representatives: Nikki Gerds, Pasco Chamber of Commerce and Denis Gisi,
Pasco Downtown Development Association; and, City Council: Mike Garrison.
*(d) Deed for future street right-of-way for a portion of the Road 60 and Sandifirr Parkway
Intersection(MF#l[NFO10-035):
1. Agenda Report from David I.McDonald, City Planner dated August 31, 2010.
2. Vicinity Map.
3. Deed for a portion of the Road 60 and Sandifer Parkway Intersection.
To accept the deed from Connie Auge for a portion of the Road 60 and Sandifer Parkway
Intersection.
(e) Resolution No. 3267, a Resolution of the City of Pasco, Washington, amending resolution No.
2980 regarding Public Records Requests.
1. Agenda Report from Debbie Clark, City Clerk dated August 18, 2010.
2. Proposed Resolution.
To approve Resolution No. 3267, amending Resolution No. 2980 regarding Public Records
Requests.
*(f) Resolution No. 3268, a Resolution fixing the time and date for a public hearing to consider the
vacation of a portion of Holden Street and Front Avenue.
1. Agenda Report from David I. McDonald, City Planner dated August 30,2010.
2. Vicinity Map.
3. Proposed Resolution.
4. Vacation Petition.
To approve Resolution No. 3268, setting 7:00 p.m., Monday, October 4, 2010 as the time and
date to conduct a public hearing to consider vacating a portion of Holden Street and Front
Avenue.
Regular Meeting 2 September 7,2010
*(g) Resolution No. 3269, a Resolution accepting work performed by Whitewater West Industries
under contract for the Memorial Pool Slide Equipment and Installation.
1. Agenda Report from Rick Terway, Administrative & Community Services Director dated
August 31,2010.
2. Resolution.
To approve Resolution No. 3269, accepting the work performed by Whitewater West Industries
under contract for the Memorial Pool slide equipment and installation.
*(h) Resolution No. 3270, a Resolution accepting work performed by Sharpe&Preszler Construction
Company, Inc.,under contract for the 2009 Sewer Extcnsion — Road 34 &Margaret, Project No.
09-1-02.
1. Agenda Report from Michael McShane,City Engineer dated September 1, 2010.
2. Resolution.
To approve Resolution No. 3270, accepting the work performed by Sharpe & Preszlcr
Construction Company, Inc.,under contract for the 2009 Sewer Extension—Road 34 &Margaret,
Project No.09-1-02.
(RC) MOTION: I move to approve the Ccngscnt Agg .da 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 the City Council for"Yard of the Month,"August 2010.
1. Javier Chavez, 605 Cereza Ct.
2. Juan&Elovia Mendez, 3621 W.Ella Street
3. George&Renee Reece, 615 Road 45
4. Theo& Nancy Star, 8215 Whidbey Drive
(b) "Business of the Month" Appearance Award. (NO WRITTEN MATFRIAI. ON AGENDA)
The following Pasco business has been invited to attend the Council meeting to receive a
Certificate of Appreciation from the City Council for "Business of the Month Appearance
Award" for August 2010.
1. Blue Bridge Auto Wash,2509 W. [,ewis 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)
R. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
(a) Ordinance No. , an Ordinance concerning Public Works Standard Specifications,
amending Section 14.08.010,and adding Section 14.08.020 of the Pasco Municipal Code.
1. Agenda Report from Michael McShane, City Engineer dated August 18,2010.
2. Ordinance.
MOTION: I move to adopt Ordinance No, , amending C:hapter 1 X1.08 "Co n strurtioll
Stanrl€,rds"; Becht±rt 14_OR,010 "Adoptc.d`y; and adding Section H-08-020 "Applicability"; and,
fttrthk� , authorirc publication by summary only,
Regular Meeting 3 September 7,2010
Q*(b) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending the zoning
classification for a parcel located in a portion of the southeast quarter of Section 25, Township 9
North, Range 29 Fast WM, from C-1 (Retail Business)to R-4(High.Density Residential).
1. Agenda Report from David 1. McDonald, City Planner dated August 30, 2010.
2. Vicinity Map.
3. Proposed Rezone Ordinance.
4. Planning Commission Report.
5. Planning Commission Minutes dated 7/15/10 and 8/19/10.
NTOTION: I movc to adopt Ordinwice Nn. -= rezoi iug the C'arjo Apartmont proliarl.y at
25/24 W. .9v1veAer Street from C<-1 to R-4 as re,ornmende.d by the, 131areriiTILI {',onin1issioa Saud,
i.irth r. author ye publication by sui=aiy only,
(c) Resolution No. , a Resolution approving the Capital Improvement Plan for Calendar
Years 2011-2016.
1. Agenda Report from Gary Crutchfield, City Manager dated August 17, 2010.
2. Proposed Capital Improvement Plan 2011-2016 (Council packets only, copy available for
review in the City Manager's office, Pasco Library or on the city's website at
h,tP;//www.lPasgq-w& ov/acpSra nfo/financeaceountin6t-
MOTTON: I move to approve R.es;oluiion No. , adopting the QTitnl linprovement Ulan fior
fiscal years 2011-2016-
*(d) Resolution No. , a Resolution of the City of Pasco confirming appointments to the Tri-
Cities Regional Public Facilities District.
1. Agenda Report from Stan Strebel,Deputy City Manager dated September 2,2010.
2, Proposed Resolution.
MOTION: T ti o%:e io apprnve Resolution No. , . confirming appointments to the Bu.,ffJ of
Directors of the 1'ri-Cities Regional Pub&FaE ,-111tjes District_
Q*(e) Resolution No. , a Resolution accepting the Planning Commission's recommendation and
approving a Special Permit for the location of a Level-One Community Service Facility
(Children's Preschool) in a C-1(Retail Business)Zone.
1. Agenda Report from Shane O'Neill, Planner I dated August 27,2010.
2. Vicinity Map.
3. Proposed Resolution.
4. Report to Planning Commission.
5. Planning Commission Minutes dated 7/15/10 and 8/19/10.
MOTION 1 move to apprr(.}vc Kc solLGtion INC. . approv in g a Special Permit for dic kocatiou of
a Level-One ComtrtLmity Service .[Jacility (children's presclLCtrf]1 al lLc. Rwarlmoor Ontict MalI can
Oti41ct.Drive.
Q*(1) Resolution No. , a Resolution accepting the Planning Commission's recommendation and
approving a Special Permit for the location of a farm in RT (Residential Transition) and C-1
(Retail Business) Zones.
1. Agenda Report from Shane O'Neill, Planner I dated August 27, 2010.
2. Vicinity Map.
3. Proposed Resolution.
4. Report to Planning Commission.
5. Planning Commission Minutes dated 7/15/10 and 8/19/10.
MOT[ON: I I110%,c La apprr vo Rcs,olulion No_ , apfroviq a gpocial Permit. lbr the Iocation of
a farm at the intersection of Burden Boulevard and Rwd 76.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
(a) Bargaining Contract for Non-Uniformed Police Employees:
1. Agenda Report from Lynne Jackson,Human Resources Manager dated August 18,2010.
2. Proposed Collective Bargaining Agreement (Council packets only; copy available for public
review in the Human Resource Office, the Pasco Library or on the city's webpage at
httL3-://www.pgseo-wa.aov/web,ippic,itycouncilrepoits).
MOTTON. 1 move to approve the Collective Bargaining Agreement with the Pasco Police
O1`7icors Assc iation (Nixn-Unifc'Trnii,d) for 2009 through 2011 and, further-. authorize die Mayor
tiryiwnthc.a aywnt.
Regular Meeting 4 September 7,2010
*(b) 20ch Avenue Gateway,Project No. 10-3-05:
1. Agenda Report from 'Michael McShane, City Engineer dated August 17, 2010.
2. Vicinity Map,
3. Bid Summary.
(RC) MOTION. [ move to award the Icmv bid for the 20"' A,vcnue Gateway, Prgie t. No, 10-3-05 to
J&.B Construction and Landwaping Company in the anwunt of S1 19,114,00,plus applicable salvy:
tax and, further,auill.oriZe the Mayor to Sigti the contract documenla,
*(c) Commercial Avenue Phase 3A, Pipeline, Fittings & Appurtenances, SR 395 & Foster Wells
Road,Project No. 10-2-01:
1, Agenda Report from Jess Greenough,Field Division Manager dated September 1,2010.
1 Bid Summary.
3. Vicinity Map.
(RQ MOTION. 1 move, to award the low 'bid for Commercial Avenue Phasr 3A, Pipelinc,Fittings
Appurtenances. SR 395 & Fu,,tor Wells Road, Frgjeet No. 10-2-01 to Ray Poland & Sans, Inc., in
tl,c: a'i1T1oun1 of$55,318.00, plus applicable sales t:ix Lind. further, authorize the-Mayor to sign thu
contract docuil eiats.
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. 7:00 a.m., Thursday, September 9, Cousin's Restaurant — BFCG Tri-Mats Policy Advisory Committee
Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.;REBECCA FRANCIK, Alt.)
2. 4:00 p.m., Thursday, September 9, 3416 Stearman Avenue — Solid Waste Advisory Committee Meeting.
(COLTNTCILMEMBERS MIKE GARRISON and TOM LARSEN, Reps,; _MAYOR MATT WATKINS
and COL`i`ICiLMEMBER SALL MARTINEZ, Alts.)
3. 4:00 p.m., Thursday, September 9, 7130 W. Grandridge Blvd — TRIDEC Combined Board & Executive
Committee Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN,Alt.)
4. 7:00 p.m., Thursday, September 9, Transit Facility — Ben-Franklin Transit Board Meeting. (MAYOR
MATT WATKINS, Rep.; COUNCILMEMBER MIKE GARRISON, Alt.)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 16, 2010
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Robert Hoffmann, Tom Larsen, Saul
Martinez, Matt Watkins and Al Yenney. Absent: Michael Garrison.
Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel,
Deputy City Manager; Rick White, Community & Economic Development Director;
Denis Austin, Police Chief, Bob Gear, Fire Chief and Dunyele Mason, Financial Services
Manager.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated August 2, 2010,
(h) Bills and Communications:
To approve General Claims in the amount of$1,231,363.47 ($68,076.42 in the form of
Wire Transfer No. 5529; and $1,163,287.05 consisting of Claim Warrants numbered
178195 through 178418).
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$249,350.17 and, of that amount, authorize
$197,195.56 be turned over for collection.
(c) Appointments to Regional Hoten- lotel Commission:
To appoint Vijay Patel (Holiday Inn Express)to a two-year term on the Tri-Cities
Regional Hotel/Motel Commission; term to expire 8/31/12.
(d) Resolution No. 3264, a Resolution accepting work performed by Valmont
Northwest under contract for the Process Water Reuse Facility Irrigation Pivot,
Project No. 10-7-02.
To approve Resolution No. 3264, accepting the work performed by Valmont Northwest,
under contract for the Process Water Reuse Facility Irrigation Pivot, Project No. 10-7-02.
(e) Resolution No. 3265, a Resolution accepting work performed by Granite
Northwest, Inc., under contract for the Commercial Avenue North Street
Reconstruction, Project No. 10-2-01.
To approve Resolution No. 3265, accepting the work performed by Granite Northwest,
Inc., under contract for the Commercial Avenue North Street Reconstruction, Project No,
10-2-01,
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Yenney
seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Ms. Francik attended the Auditor's Entrance Conference,
Mr. Martinez expressed the loss to the community with the passing of Blanca Torres.
I 3(a). 1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 15, 2010
Mr. Hoffmann noted a discussion he had with the engineer who designed the new water
treatment plant filtration system while in Texas last week.
Mr. Yenney inquired about where revenue from collections is reflected in the operating
statement.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Resolution No. 3266, a Resolution authorizing an Interlocal Agreement among the
cities of Kennewick,Richland and Pasco, Washington for the creation of the Tri-
Cities Regional Public Facilities District.
MOTION: Ms. Francik moved to approve Resolution No. 3266, authorizing an Interlocal
Agreement among the cities of Kennewick, Richland and Pasco for the creation of the
Tri-Cities Regional Public Facilities District and, further, authorize the Mayor to sign the
agreement. Mr. Martinez seconded. Motion carried unanimously.
NEW BUSINESS:
Lewis Street Overpass Design Concepts:
Rick Door and Spencer Montgomery, representing JUB Engineering, presented an
overview of the options discussed at the last workshop meeting.
Council and staff discussed the design options.
MOTION: Ms, Francik moved to adopt option 45 as the preferred design concept for the
Lewis Street Overpass. Mr. Yenney seconded. Motion carried 5-1. No — Larsen.
Golf Course Lease Amendment No. 4:
Council and staff discussed the proposed amendment.
MOTION; Ms. Francik moved to approve Amendment No, 4 to the Golf Course Lease
Agreement and, further, authorize the Mayor to sign the Amendment. Mr. Martinez
seconded. Motion carried 5-1. No — Larsen.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 7:48 p.m. for approximately 15 minutes to
discuss collective bargaining strategy and proposals with the City Manager and City
Attorney.
Mayor Watkins called the meeting back to order at 8:01 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8;01 p.m,
APPROVED: ATTEST:
Matt Watkins, Mayor Debra L. Clark, City Clerk
PASSED and APPROVED this 7th day of September, 2010.
2
CITY OF PASCO
Council Meeting of:
September 7, 2010
Accounts Payable Approved
The City Council
City of Pasco, Franklin County,Washington
We, the under ed,CdloT-ab�Apertify under penalty of perjury that the materials have been furnished, the
services rend ed o�tor pe'�Formed as described herein and that the ctaim is a just, due and unpaid
obligation agar st the nd th t we are authorized to authenticate a d certify to said cAa1m. \
Gary Crutchfield, CTly M -9-0[Y unyele Ma n, Finance Services 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. 5534, 5536, 5539 and 5547 in the amount of$253,570.97, have been authorized; that Electronic Fund
Transfer No's. 1022 through 1026 in the amount of$274,858.58, have been authorized; that Check No's. 178419
through 178662 are approved for payment in the amount of$1,517,836.63, for a combined total of$2,046,266.18,
on this 7th day of September, 2010.
Councilmernber Councilmember
SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND;
GENERALFUND:
Legislative _ _1.676.69_
Judicial 5,132.41
Executive 3,811.35
Police 413,953.80
Fire 7,513.69
Administration & Community Services 98,615.90
Community Development 16,102,70
Engineering 1,723.38
Non-Departmental 337,830.04
Library 100,136,99
TOTAL GENERAL FUND: 986,496.95
STREET 10 3,170.84
C. D. BLOCK GRANT 269,758.18
KING COMMUNITY CENTER 1,011.60
AMBULANCE SERVICE 16,308.98
CEMETERY 6,259.77
ATHLETIC PROGRAMS 10,974.83
SENIOR CENTER 3,236.91
MULTI MODAL FACILITY 1,487.29
RIVERSHORE TRAIL& MARINA MAIN 779.07
LITTER CONTROL 2,490.53
REVOLVING ABATEMENT 2,012.21
PARKS FUND D.00
TRAC DEVELOPMENT 18,489.08
STADIUM/CONVENTION CENTER 10,603.81
SPECIAL ASSESSMNT LODGING 20,759.96
GENERAL CONSTRUCTION 29.05
WATERISEWER 179,623.07
EQUIPMENT RENTAL-OPERATING 42,381.49
EQUIPMENT RENTAL-REPLACEMENT 104.21
TRI CITY ANIMAL CONTROL 47,041.12
MEDICALIDENTAL INSURANCE 253,570.97
CENTRAL STORES 0.00
PUBLIC FACILITIES DIST 29,816.79
PAYROLL CLEARING 36,991.30
LID CONSTRUCTION 2,868.17
GRAND TOTAL ALL FUNDS; $ 2,0461266.18
X41
CITY OF PASCO
Council Meeting of:
Payroll Approval September 7,2010
The City Council
City of Pasco
Franklin County,Washington
The following is a summary of payroll claims against the City of Pasco for the month of
August 201C w ' re presented herewith for your review and approval.
Gary . Crutchfiel It anager Rick Terway,Administrative&Community Services Director
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. 41526 through 41712 and EFT deposit No's. 30039321 through 30C39884
and City contributions in the aggregate amount of$1,973,772.60 are approved for payment on this
7th day of September 2010.
Councilmember Councilmember
SUMMARY OF PAYROLL BY FUND
GENERAL FUND:
Legislative $ 7,231.33
Judicial 73,230.52
Executive 61,557.18
Police 568,184.59
Fire 281,741.71
Administrative & Community Services 338,510.27
Community Development 71,864.57
Engineering 72,739.87
TOTAL GENERAL FUND 1,475,060.04
CITY STREET 26,500.92
BLOCK GRANT 13,796.95
MARTIN LUTHER KING CENTER 5,456.87
AMBULANCE= SERVICE FUND 125,394.74
CEMETERY 8,861.87
ATHLETIC FUND 1.263.66
SENIOR CENTER 12,964.17
STADIUM OPERATIONS 0.00
MULTI-MODAL FACILITY 0.00
BOAT BASIN 0.00
REVOLVING ABATEMENT FUND 0.00
TASK FORCE 0.00
WATER/SEWER 279,578.99
EQUIPMENT RENTAL-OPERATING 24,894.39
GRAND TOTAL ALL FUNDS $ 1,973,772.60
Payroll Summary
Net Payroll 970,575.43
Employee Deductions 567,746.99
Gross Payroll 1,538,322.42
City of Pasco Contributions 435,450.18
Total Payroll $ 1,973,772.60
3(b).2
AGENDA REPORT
TO: Citv Council , August 16, 2010
FROM: Gary CrutchGt i Manager Workshop Mtg.: 8/23/10
Regular Mtg.: 9/7/10
SUBJECT: Lodging Tax Advisory Committee Appointments
I. REFERENCE(S): '
I. Resolution No. 2314
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
8/23 Discussion
9/7 MOTION: 1 move to confirm the Mayor's appointment of the following individuals
to the 2010 Lodging Tax Advisory Committee:
• Hotel Representatives: Monica Ilammerberg, Red Lion and Allison
White, Sleep Inn;
• laser Representatives: Nikki Gerds, Pasco Chamber of Commerce
and Denis Gisi, Pasco Downtown Development Association:
• City Council: Mike Garrison.
111. FISCAL IMPACT:
;None
IV. HISTORY AND FACTS BRIEF:
A) The Lodging Tax Advisory Committee (LTAC) was established under Resolution No.
2314 in June 1997 to comply with state requirements imposed at that time relating to the
use of the city's lodging tax ("hotel/motel tax"). The purpose of the committee is to
advise the City Council on use of lodging tax each year.
V. DISCUSSION:
A) The appointments in the past have been structured so as to typically appoint the manager
of the Red Lion (representing the largest hotel in Pasco) and the manager of one of the
smaller facilities (Sleep Inn). The "user" representative positions have been the
executive directors of the respective organizations noted (Pasco Chamber of Commerce
and Pasco Downtown Development Association).
B) The Mayor has identified individuals willing to fill the current vacancies. Council is
requested to confirm the nominees at the September 7 meeting so that the required
meeting of the Advisory Committee can occur timely for budget consideration.
3(c)
RESOLLMON NO.'-Q
A RESOLUTION establishing a Lodging Tax Advisory Committee.
WIi EREAS, the City of Pascu currently levies a lodging tax pursuant to
Chapter 67,2,3 RCW; and
l'VHEREAS, the State Legislature has enacted Substitute Senate Bill (SSB)
5867, enacted as Chapter 452, Laws of 1997, which modifies or repeals certain
previous lodging tax authority and adds new lodging tax authority; and
WHEREAS, SSB 5867 requires any new imposition of a lodging tax enacted
dunder Chapter 67.28 RCW in a city with a population over 5,000,be first submitted for
consideration to a lodging tax advisory committee not less than 45 days in advance of
final action on a lodging tax by the city; and
WWERF.A , Senate Bill 5%7 replaces the current lodging tax authority with a
new statutory scheme effective July 27, 1997; and
WDERRAS,the City of Pasco relies on the receipts of the current lodging tax to
fulfill its contractual obligation to Franklin County for its share of the debt and
operating expenses associated with the TRAC facility, as well as the bonds issued to
finance construction of the professional baseball stadium in Pasco; and
WHEREAS, to ensure continued authorization for the imposition of the lodging
tax within the City of Pasco, it is deemed to be in the best interest of the city that a
lodging tax advisory committee be created immediately and that a proposal be
submitted to this committee regarding writinuation of a lodging tax;
NOW, 77LE "ORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO RESOLVE AS FOLLOWS:
Section 1. There is hereby created a City of Pasco Lodging Tax Advisory
Committee to serve the functions prescribed in Senate Bill 5867,which was enacted as
Chapter 452, Laws of 1997.
Section 2 The membership of the lodging tax advisory committee shall
consist of five persons appointed by the City Council. One member shall be an elected
official of the city, who shall serve as chair, Two members shall be representatives of
businesses required to collect the tax and two members shall be persons involved in
activities authorized to be funded from revenue received from the tax- The City
Council will review the membership on an annual basis and mare changes as
appropriate, Any appointments w the committee shall be made by the City Council,
Section 3. The following persons are hereby appointed to initially serve as j
members of the lodging tax advisory committee:
(A) Elected UMciah Councilman Mike Garrison.
(B) Businesses required to collect the lodging tax shall be represented by:
(1) Alan Paty, General Manager, Doubletree Hotel.
(2) Dorothy Hildebrant, Manager, Goal Post Motel.
(C) Persons involved in activities authorized 110 use prods of the lodging tax
shall be represented by:
(1) Dorothy Schoeppach, Executive Director, Pasco Chamber of i
Commerce,
(2) Rosemary Doup6, Executive Director, Pasco Downtown Development
Association.
Section 4. In accordance with SSB 5867, the City Council shall submit to the I
lodging tax advisory committee, for its review and comment, proposals on the
imposition of any tax authorized under SSB 5867; any increase in the rate of such a
tax; repeal of any exemption from such a tax, or a change in the use of the revenue
received from such a tax. Comments by the committee should include an analysis of
the extent to which the proposal will accommodate activities for tourists or increase
tourism and the extent to which the proposal will affect the long-range stability of the
special fund created for the lodging tax revenues.
Section 5. In accordance with Section 4 of this Resolution, the City Council
hereby submits to the lodging tax advisory committee the following proposal for its
immediate review and comment;
To ensure the continued levy of the lodging tax as
authorized by Chapter 67 . 28 RCW, the city should re-
enact an Ordinance levying a special excise tax on the
sale or charge made for furnishing of lodging that is
subject to tax under Chapter 62 .08 RCW.
Section 6. In order to take all steps necessary or indicated by SSB 5867 with
regard to re-enactment of lodging taxes levied by the city, the lodging tax advisory
committee is hereby requested to conduct its first meeting not later than June 30, 1997,
and to report back to the City Council its comments with respect to the tax proposal set
forth in Section 5 of this Resolution no later than July 19, 1997.
Section 7. This Resolution shall take effect immediately upon passage.
PASSED by the City Council of the City of Pasco at a regular meeting this 16th
day of June, 1997.
Charles D. Kilbury, wor
A'IT ESl':
Catherine D. Seaman, Deputy City Clerk
APPRO TO FORM;
Lekuid R Kerr, City Attorney
Resolution establishing a Lodging Tax Advisory Committee - Page 2
AGENDA REPORT NO.
FOR: City Council August 31, 2010
TO: Gary Crutchfield, Tanager Regular Mtg.: 9/7/10
Rick White,A-A
Community & Economic Development Director
FROM: David 1. McDonald, City Planner
SUBJECT: Deed for Future Street Right-of-Way for a portion of the Road 60 and Sandifur
Parkway Intersection OMF #INF010-0L5A
L REFERENCE(S):
1. Vicinity Map
2. Deed for a Portion of the Road 60 and Sandifur Parkway lntersection
11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
917: MOTION: I move to accept the deed from Connie Auge for a portion of the
Road 60 and Sandifiir Parkway Intersection,
III. FISCAL IMPACT
None
IV. HISTORY AND FACTS BRIEF:
A. Construction on Road 60 north of Sandifur Parkway will begin this fall. To
facilitate that construction property at the northeast corner of Road 60 and
Sandifur Parkway is needed for the intersection radius.
B. One of the developers responsible for construction of Road 60 has obtained a
right-of-way dedication for the necessary improvements to the northeast corner of
Road 60 and Sandifur Parkway.
3(d)
Item: R-O-W Vicinity
Dedication
Applicant: Auge
lL.
Map
File 10-035
t? 44S
ALI
Now
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,After Recording, Return To:
IR5•V—
City of Pasco, Washington
Attn: City Planner
525 North 3rd
Pasco, WA 99301
DEDICATION DEED
Tax Parcel No. 116-192-095
THE GRANTOR(S), by
donation pursuant to RCW 35A-.119.010, dedicates, conveysTmd quit
claims to the GRANTEE, THE CITY OF PASCO, a Municipal
Corporation of the State of Washington, for the public use, as a public
right-of-way, all interest in the land described in Exhibit"A" and depicted
in Exhibit "B" attached hereto.
DATED this �4 day of , 2010,
GRANTORS
Owner(s) 0
�.`�O.�;i►�ssloy. s
d..
STATE OF WASBLNGTON
dw
ss. ��i� q�••?6�.i ��� Q4
County of Franklin ) �`
On this , day of &j -t> 2010, before me, the
undersigned, duly commissioned and sworn, personally appeared
ees►-NA 'a -P— to me known to be the individual(s) described above
and who executed the within and foregoing instrument as an agent of the
owner(s) of record, and acknowledged to me that hefshe(they signed the same as
Dedication Deed -1
hisser/their free and voluntary act and deed,for the uses and purposes therein
mentioned, and on oath stated that he/she/they isfare authorized to execute the
said instrument.
GIVEN under by hand and official seal this day of
2010_
♦���tirAAS,�����i
��.�0.•••••.q y PrirnNN,arne `r t
��•40 0,�,•.¢Q+
NOTARY PUB - in and for the State of Washington
NO, Residing at: u SLb
� dlel'�jrIm+ My Commission Expires:
t
Dedication Deed-2
mv mr DESIGN GRoUUP
ergNeers;landsaye rrtl,Itecis(P1�+trleri f survtyars
May 05, 2010
EXHIBIT A
RIGHT-OF-WAY DEDICATION(WIDTH VARIES)
A portion of Lot 3, Short Plat 93-11 according to the Short Plat thereof, recorded in
Volume 1 of Short PIats,page 318,Records of Franklin County,Washington lying in a
portion of the Southwest quarter of the Southwest quarter of the Northeast quarter of
Section 10, Township 9 North, Range 29 East, Willamette Meridian, City of Pasco,
Franklin County, Washington, described as follows:
BEGINNING at the Southwest comer of said Lot 1, said point being on the
Northerly right-of-way line of Sandifer Parkway at a point 40.00 feet Northerly of
the center line thereof when measured at right angles;
Thence along the Northerly right-of-way line of said Sandifur Parkway,North
87 042'04"East, 47.00 feet; ,
Thence Ieaving the Northerly right-of-way line of said Sandifer Parkway,North
46029'l 6" West, 65.52 feet to Easterly right-of-way line of Road 60, said point
being 30.00 feet Easterly of the center line thereof when measured at right angles;
Thence along the Easterly right-of-way line of said Road 60, South 00 140'37"
East, 47.00 feet to the POESU OF BEGINNING.
Containing: 1104 square feet, more or less.
ALSO TOGETHER WITH AND SUBJECT TO easements,reservations, covenants
and restrictions apparent or of record.
S�r„4
�L LA*�
PP RES 7/W Zot%
0S--0'5.. Zai 0
5lLttic�,�4r
EXHIBIT '!B"
RIGHT-OF-WAY DEDICATION
MAY 05, 2010
z
I o
�1a.00 U,1uTY
0
! EASEMENT SP 93-11 n
m
30.00 ( LOT 3
R/W ! SHORT PLAT 93--11
! ! (VOL 1, PG. 318)
co I
R/W DEDICATION
a
10.00 UTIUTY
I
EASEMENT
c ! S? SP 93-11
47.00 —
N87'42'04"E
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SANDIFUR PARKWAY
AGENDA REPORT
FOR: City Council August 18, 2010
TO: Gary Crutchftel t %lanag r Workshop Mtg.: 8/23/2010
Rick Terway, Di ect Adminis Regular Mtg.: 9/7/2010
Community Services
FROM: Debbie Clark, City Clerk
SUBJECT: PUBLIC RECORDS REQUESTS
I. REFERENCE(S):
1. Proposed Resolution
1I. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
8123: Discussion
917: MOTION: I move to approve Resolution No. 3a /v�
amending Resolution
No. 2980 regarding Public Records Requests.
Ill. FISCAL IMPACT:
Done.
IV. HISTORY AND FACTS BRIEF:
A) The Washington State Legislature in 2005 revised the public disclosure statutes and
directed the Washington State Attorney General's Office to adopt advisory Model
Rules for implementation by cities. September 18, 2006 Pasco City Council adopted
the Model Rules by Resolution No. 2980.
B) Due to two recent Washington State Supreme Court cases, the first, Yousoufian vs.
Office of Ron Sims and the second, Rental Housing Association vs. City of Des
Moines, it has become necessary tc review Resolution No. 2980. Upon review
revisions were necessary regarding existing procedures and accessibility of public
record requests as well as expedite any disputes in regards to their disclosure.
C) Major changes are as follows:
a. Section 1 -- Adds Police and Municipal Court as direct contacts for records
requests in their respective areas.
b. Section 3 —Adds requirement to maintain a "Privilege Log" of exempt documents
that were not released to requestor.
c. Section 6 — Alternative Dispute Resolution — moves from Attorney General
Office to Mandatory Mediation and Arbitration to be held in Franklin County.
D) Staff recommends City Council approve the revised Resolution amending Resolution
No. 2980.
3(e)
RESOLUTION NO. °``�P r
A RESOLUTION OF THE CITY OF PASCO,
WASHINGTON, AMENDING RESOLUTION NO. 2980
REGARDING PUBLIC RECORDS REQUESTS
WHEREAS, the City of Pasco previously adopted the Washington State Attorney
General's advisory rules; and
WHEREAS, the Washington State Supreme Court has recently issued a ruling in the
case of Rental Housing Association vs. City of Des Moines, which requires cities to maintain a
privilege log or Mthholding index; and
WHEREAS, the City finds that it is necessary to update its disclosure procedures to
facilitate the efficient use of staff time and more effectively accommodate the accessibility of its
public records as well as expedite any disputes in regards to their disclosure, NOW,
THEREFORE,
THE CITY COLT CIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE
AS FOLLOWS:
Section 1. AGENCY DESCRIPTION - CONTACT INFORMATION - PUBLIC
RECORDS OFFICER.
A) The City of Pasco is a Washington Municipal Corporation providing municipal
services. The City's central office is located at the Pasco City Hall, located at 525 North 3rd,
Pasco, WA.
B) Any person wishing to request access to public records or seeking assistance in
making a request should contact the City's Public Records Officer. The City Clerk has been
designated by the City Manager as the City's Public Records Officer pursuant to RCW
42.56.580. While the public records officer may offer help and guidance relating to any public
records request, requests for police records and municipal court records should be directed to the
designated records officer within those departments at the contact information listed below.
1) Requests for records other than Police and Municipal Court records.
Requests to inspect or copy any records maintained by the City, other than Police and
Municipal Court records, should be made to the Public Records Officer at:
Office of the City Clerk
City of Pasco
525 North 3rd
Pasco WA 99301
(509) 545-3402 - telephone
(509) 543-5727 - facsimile
Email address: City Clerklnfo,Pasco-wa.gov.
Public Records Request Resolution
Page- I
2) Request for Police records. Requests to inspect or copy records
maintained by the City's Police Department should be made to the Police Records
Officer at:
Records Office
City of Pasco Police Department
525 North 3rd
Pasco WA 99301
(509) 545-3421 - telephone
(509) 545-3423 — facsimile
3) uest_for Municipal Cgurt records. Requests to inspect or copy records
maintained by the Pasco Municipal Court, should be made to the Court Administrator at:
Court Administration
City of Pasco
1016 North 0'
Pasco WA 99301
(509) 545-3491 —telephone
(509) 543-2912- facsimile
4) Internet access to records. Many records are also available on the City's
web site at www,pasco-wa.gov. Requestors are encouraged to view the documents
available on the website prior to submitting a public records request.
C) The public records officer will oversee compliance with the act but another City
staff member may process a request. Therefore, these rules will refer to the public records
officer "or designee." The public records officer or designee and the City will provide the
"fullest assistance" to requestors; ensure that public records are protected from damage or
disorganization; and prevent fulfilling public records requests from causing excessive
interference with essential functions of the City.
Section 2. AVAILABILITY OF PUBLIC RECORDS.
A) flours for iuspection of records. Public records are available for inspection and
copying during normal business hours of the City, Monday through Friday, 8:00 a.m. to 5:00
p.m., excluding legal holidays. Records must be inspected at the office of the City Clerk at City
Hall. The City's Police Department hours are Monday through Friday, 8:00 a.m. to 5:00 p.m,
excluding legal holidays. The Municipal Court hours are Monday through Friday; 8:30 a.m. to
4:00 p.m., excluding legal holidays.
B) Records Index.
The City finds that maintaining an index is unduly burdensome and would interfere with
City operations. The requirement would unduly burden or interfere with City operations in the
following ways:
Public Records Request Resolution
Page-2
1) Given the number of different departments/divisions in the City, the
maintenance of a single index is impractical; and
2) Due to activity levels in the City, the type and number of records is
constantly changing.
C) Organization of records. The City will maintain its records in a reasonably
organized manner. The City will take reasonable actions to protect records from damage and
disorganization. A requester shall not take City records from City offices, or that location
designated for the inspection of public records, without the permission of the public records
officer or designee. A variety of records are available on the City's web site at ww-w.pasco-
wa.gov. Requestors are encouraged to view the documents available on the web site prior to
submitting a records request.
D) Making a rec ugss for taublig re or .
1) Any person wishing to inspect or copy public records of the City should
make the request in writing on the City's request form, or by letter, fax, or e-mail
addressed to the public records officer and including the following information:
a) Name of requestor;
b) Address of requestor;
C) Other contact information, including telephone number and/or e-
mail address;
d) Identification of the public records adequate for the public records
officer or designee to locate the records; and
e) The date, and if presented at City Hall, the time of day of the
request.
2) If the requestor wishes to have copies of the records made instead of
simply inspecting them, he or she should so indicate and make arrangements to pay for
copies of the records or a non-refundable deposit. Standard photocopies will be provided
at 15 cents (15¢) per page.
3) A foi7n is available for use by requestor at the office of the public records
officer and online at ujww.pasco-wa.gov.
4) The public records officer or designee may accept requests for public
records that contain the above information by telephone, facsimile, email, or in person. If
the public records officer or designee accepts such a request, he or she will confirm
receipt of the information and the substance of the request in writing.
Public Records Request Resolution
Page- 3
5) In the event the records requested in any department are readily available,
of a routine nature, and do not involve the interest of any other person, the public records
officer or the department head may authorize the immediate inspection and/or copying of
such record without the necessity of filing the request as provided in subsection (1)
above.
Section 3. PROCESSING OF PUBLIC RECORDS REQUEST - GENERAL.
A) Providing "fullest assistance." The City is charged by statute with adopting rules
which provide how it will "provide full access to public records," "protect records from damage
or disorganization," "prevent excessive interference with other essential functions of the City;"
provide "fullest assistance" to requestors, and provide the "most timely possible action" on
public records requests. The public records officer or designee will process requests in the order
allowing the most requests to be processed in the most efficient manner.
B) Acknowledging g eccipt of request. Within five (5) business days of receipt of the
request, the public records officer will do one or more of the following:
Y) Make the records available for inspection or copying;
2) If copies are requested and payment of a non-refundable deposit for the
copies, if any, is made or terms of payment are agreed upon, send the copies to the
requestor;
3) Provide a reasonable estimate of when records will be available;
4) If the request is unclear or does not sufficiently identify the requested
records, request clarification from the requestor. Such clarification may be requested and
provided by telephone. The public records officer or designee may revise the estimate of
when records will be available; or
5) Deny the request.
C) 4ortseLluences of failure to respond. If the City does not respond in writing within
five (5) business days of receipt of the request for disclosure, the requestor should consider
contacting the public records officer to determine the reason for the failure to respond,
D) Protecting rights of others. In the event that the requested records contain
information that may affect rights of others and may be exempt from disclosure, the public
records officer may, prior to providing the records, give notice to such others whose rights may
be affected by the disclosure. Such notice should be given so as to make it possible for those
other persons to contact the requestor and ask him or her to revise the request, or, if necessary,
seek an order from a court to prevent or limit the disclosure. The notice to the affected persons
will include a copy of the request.
Public Records Request Resolution
Page-4
E) Records exempt from disclosure. Some records are exempt from disclosure, in
whole or in part. If the City believes that a record is exempt from disclosure and should be
withheld, the public records officer will state the specific exemption and provide a brief
explanation of why the record or a portion of the record is being withheld. If only a portion of a
record is exempt from disclosure, but the remainder is not exempt, the public records officer will
redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why
portions of the record are being redacted.
F) Privilege Log. If the City determines that a record is exempt and should be
vdthheld, the City will maintain a privilege log of those withheld records. The privilege log will
identify:
1) Type of record withheld.
2) Date of record.
3) Number of pages.
4) Author or recipient.
5) The exemption invoked.
A copy of the privilege log will be produced to the records requestor.
G) Inspection of records.
1) Consistent with other demands, the City shall promptly provide a location
to inspect public records. No member of the public may remove a document from the
viewing area or disassemble or alter any documents. The requestor shall indicate which
documents,if any,he or she wishes the City to copy.
2) The requestor must claim or review the assembled records within thirty
(30) days of the City's notification to him or her that the records are available for
inspection or copying. The City will notify the requestor in writing of this requirement
and inform the requestor that he or she should contact the City to make arrangements to
claim or review the records. If the requestor or a representative of the requestor fails to
claim or review the records within the thirty-day period or make other arrangements; the
City may close the request and refile the assembled records. Other public records
requests can be processed ahead of a subsequent request by the same person for the same
or almost identical records, which can be processed as a new request.
H) Providing copies of records. After inspection is complete, the public records
officer or designee shall make any requested copies or arrange for copying.
1) Providina records in installments. When the request is for a large number of
records, the public records officer or designee will provide access for inspection and copying in
Public Records Request Resokution
Page- 5
installments; if he or she reasonably determines that it would be practical to provide the records
in that way. If, within thirty (30) days, the requestor fails to inspect the entire set of records or
one or more of the installments, the public records officer or designee may stop searching for the
remaining records and close the request.
J) Completion of inspection._ction. When the inspection of the requested records is
complete and all requested copies are provided, the public records officer or designee will
indicate that the City has completed a diligent search for the requested records and made any
located nonexempt records available for inspection.
K) Closing withdrawn or abandoned request. When the requestor either withdraws
the request or fails to fulfill his or her obligations to inspect the records or pay the non-
refundable deposit or final payment for the requested copies, the public records officer will close
the request and indicate to the requestor that the City has closed the request.
L) Later discovered documents. If, after the City has informed the requestor that it
has provided all available records, the City becomes aware of additional responsive documents
existing at the time of the request, it will promptly inform the requestor of the additional
documents and provide them on an expedited basis.
Section 4. EXEMPTIONS.
A) The Public Records Act provides that a number of types of documents are exempt
from public inspection and copying. In addition, documents are exempt from disclosure if any
"other statute" exempts or prohibits disclosure. Requestors should be aware of other exemptions,
outside the Public Records Act, that restrict the availability of some documents held by the City
for inspection and copying. A list of such laws is available at the office of the City Clerk and
may be available at the City's website.
B) The City is prohibited by statute from disclosing lists of individuals for
commercial purposes.
Section 5. COSTS OF PROVIDING COPIES OF PUBLIC RECORDS.
A) Costs for paper copies. There is no fee for inspecting public records. A requestor
may obtain standard black and white copies and color copies for 15 cents (15¢)per page.
Before beginning to make the copies, the public records officer or designee may require a
non-refundable deposit of up to ten percent of the estimated cost of copying all the records
selected by the requestor. The public records officer or designee may also require the payment
of the remainder of the copying cost before providing all the records, or the payment of the cost
of copying an installment before providing that installment. The City will not charge sales tax
when it makes copies of public records.
B) Costs for electronic records. The costs of electronic copies of records shall be One
Dollar($1.00) for information on a CD-ROM or City's actual cost for any other storage media.
Public Records Request Resolution
Page - 6
C) Costs for specialized services. In the event the City is required due to the size of
the request or there is a need for specialized copying equipment (i.e., photographs, blueprints,
taped or video recordings) to use the services of an outside source designated by the City, the
requestor shall be required to pay a non-refundable deposit and the actual costs of such service,
including delivery and return of public records for the purpose of copying.
D) Costs of mailing. The City may also charge actual costs of mailing (including the
costs of the shipping container) and the actual costs of long distance facsimile transmission.
E) Pa ment. Payment may be made by cash, debit card, check or money order to the
City.
Section 6. REVIEW OF DENIALS OF PUBLIC RECORDS.
A) Petition for internal administrative review of denial of access. Any person who
objects to the initial denial or partial denial of a records request may petition in writing
(including e-mail) to the public records officer for a review of that decision. The petition shall
include a copy of, or reasonably identify, the written statement by the public records officer or
designee denying the request.
B) Consideration of petition for review. The public records officer shall promptly
provide the petition and any other relevant information to the City Attorney. The City Attorney
will immediately consider the petition and either affirm or reverse the denial within two business
days following the City's receipt of the petition, or within such other time as City and the
requestor shall mutually agree. The comments incorporated in Chapter WAC 44-14 may be
relied upon as authority for determinations made by the City in applying or interpreting this
Resolution.
C) Alternative Dispute Resolution. In the event of a dispute regarding the inspection
or copying of public records, the parties shall first meet in a good-faith attempt to resolve the
dispute by agreement of the parties or by mediation. In the event the dispute remains, the dispute
shall be resolved by arbitration pursuant to RC W 7.04A, the Mandatory Rules of Arbitration, and
venue being placed in Franklin County, Washington. The mediators and arbitrators will be
selected from an approved list maintained by the City and available upon request. The party
wishing to seek mediation or arbitration shall provide fifteen(15) days written notice to the City.
D) Judicial review. Any person may obtain court review of denials of public records
requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial
denial regardless of any internal administrative appeal.
Section 7. The City Manager is hereby authorized and directed to institute such
administrative policies and practices as necessary and appropriate to fully affect this policy.
Public Records Request Resolution
Page-7
PASSED by the City Council of the City of Pasco, Washington, at its regular meeting on
the day of , 2010.
Matt Watkins
Mayor
Attest Approved as to Form:
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
Public Records Request Resolution
Page - 8
AGENDA REPORT
FOR: City Council August 30, 2010
f
TO: Gary Crutchfie d, Manager Regular Mtg.: 9/7!I0
Rick White,
Community & Ecoi on ' - Development Director
FROM: David 1. McDonald, City Planner
SUBJECT: STREET VACATION (MF4 VAC 10-006) A _portion of Holden Street and Front
Avenue (Oxarc'
1. REFERENCE(S):
1. Vicinity Map
2. Proposed Resolution
3. Vacation Petition
11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
917: MOTION: I move to approve Resolution No. setting 7:00
P.M., Monday, October 4, 20I0, as the time and date to
conduct a public hearing to consider vacating a portion of
Holden Street and Front Avenue.
111. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The two property owners adjoining the western end of Holden Street have
petitioned to vacate all of Holden Street lying west of Main Avenue and all of the
remaining unvacated portion of Front Avenue at the western end of Holden Street,
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 October 4, 2010.
3(f)
Vicinity Item: Vacation - Holden St/Front Ave Applicant: Oxarc N
Map 10-006 File #: VAC
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Vii' } �•` •� rte/" .;' 0041�psi AX0.L
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- Vacated - �.
!1�/� r
,r t 07 �
Reference 2 - Proposed Resolution
RESOLUTION NO. `
A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO
CONSIDER THE VACATION OF A PORTION OF HOLDEN STREET AND FRONT
AVENUE.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate rights-of-way; and
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL'OF THE CITY OF PASCO:
That a public hearing to consider vacating all of Holden Street lying westerly of Main Avenue
and all of unvacated Front Avenue adjacent to Blocks 97 and 98, Pasco Land Company's First
Addition, will be held before the City Council of the City of Pasco in the Council Chambers at,
525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on October 4, 2010. That the
City Clerk of the City of Pasco give notice of said public hearing as required by law.
Passed by the City Council of the City of Pasco this 7th day of September, 2010.
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, CMC Leland B. Kerr
City Cleric City Attonicy
Vicinity Item: Vacation - Holden St/Front Ave N
Applicant: Oxarc
Map File #: VAC 10-006
\00h
GR' N gt
o� Q
LU
�G
Area to be
Vacated W
"A" ST
Reference 3 - Vacation Petition
FEE $200
CITY OF PASCO
STREET/ALLEY VACATION PETITION
MASTER FILE #SAC lf].�0 6 DATE SUBMITTED: 08/1 2010
1, 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:
One block of East Holden Street - West of South Main to South Front Street
APPLICANT: PROPERTY OWNED (Legal Description)
Print Name: c. $ ory Wa msX y Parcel# 112116022
Sign Name- 1101 E A Street
Address:4003 E Broadway Ayf, Spokane Subdivision: PASLCO Lot: 001
Phone #509-353-7794 Date 08/09/10 ,lock: 096, Tract: 1195
Sec-Twp-Rng: 29-09-30
Lot Size: 178324.918991505
Print Name: Glabrous Four LLC
JG o .^.a ms ey
Sign Nam
Date
Print Name: S&W Industrial Properties Parcel m"_4441159,743 11% 114 a4o _
509 S Main Ave �-
�� :Subdivision: PASLCO Lot: 000
Sign Name: Block: 098, Tract: 1189
Dateip Sec-Twp-Rng: 29-09-30
Lot Size: 87189.1404548692
AGENDA REPORT
FOR: City Council August 31, 2010
TO: Gary Czutchfiel 'Manager
FROM: Rick Terway, Director, Administrativ P4�� Regular Mtg.: 9/7/10
and Community Services
SUBJECT: Memorial Pool Slides
I. REFERENCE(S);
1. Resolution
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
917: MOTION: I move to approve Resolution No.23AR accepting the work
performed by Whitewater West Industries under contract for
the Memorial Pool slide equipment and installation.
III. FISCAL IMPACT:
$271,229.00 plus the appropriate sales tax: Park Impact Fees
IV. HISTORY AND FACTS BRIEF:
A) On September 28, 2009 the City Counci] authorized purchase and installation of a
new double slide for the Memorial Pool remodel in the amount of $280,000. The
installation is now complete with the final cost of the contract being $271,229.00 plus
the appropriate sales tax.
B) The slides have been certified by Whitewater West Industries and approved by the
State of NVashington Department of Health. The slides were a huge success this past
season and functioned very well.
V. DISCUSSION
A) Staff recommends acceptance of the project.
3(g)
RESOLUTION NO. '��
A RESOLUTION ACCEPTING WORK PERFORMED BY
WHITEWATER WEST INDUSTRIES UNDER CONTRACT FOR THE
MEMORIAL POOL SLIDE EQUIPMENT AND INSTALLATION.
WHEREAS, the work performed by Whitewater West Industries, under contract for the
Memorial Pool Slide Equipment and Installation has been examined by Administrative and
Community Services and been found to be in apparent compliance with the applicable project
specifications and drawings, and
WHEREAS; it is Administrative and Community Services' recommendation that the
City of Pasco formally accept the contractor's work and the project as complete; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City Council concurs with Administrative and Community Services'
recommendation and thereby accepts the work performed by Whitewater West Industries under
contract for the Memorial Pool Slide Equipment and Installation as being completed in apparent
conformance with the project specifications and drawings, and
Be it further resolved that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be it further resolved that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Administrative and Community Services Director and
Finance Manager.
PASSED by the City Council of the City of Pasco this 7th day of September, 2010.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debra I„ Clark, City Clerk Leland B. Kerr, City Attorney
AGENDA REPORT NO. 20
FOR: City Cotulcil It '\, September 1, 2010
TO: Gary Crutchfiel i �a,ganager
Robert J. Alberts, ic,Work-, Director
i
ARUM: Michael McShane, City Engineer Regular Mtg,: 09/07/10
SUBJECT: Accept 2009 Sewer Extension— Road 34 & Margaret, Project#09-1-02
L. REFERENCE(S):
1. Resolution
11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
09107: MOTION: I move to approve Resolution No.�)�`7�accepting the work
performed by Sharpe & Preszler Construction Company, Inc.,
under contract for the 2009 Sewer Extension — Road 34 &
Margaret, Project 409-1-02.
III. FISCAL IMPACT:
Sewer Utility
IV. HISTORY AND FACTS BRIEF:
A} On December 21, 2009, Council. awarded 2009 Sewer Extension — Road :34 &
Margaret, Project 409-1-02 to Sharpe & Preszler Construction Company, Inc. for
$165,524.35, plus applicable sales tax.
V. DISCUSSION:
A) The final project cost was $169,443.14, plus applicable sales tax. The overage is
due to a miscalculation in the top course gravel quantity estimation.
The work is now complete and staff recommends acceptance of this work.
3(h)
RESOLUTION NO. 3D-70
A RESOLUTION ACCEPTING WORK PERFORMED BY SHARPE & PRESZLER
CONSTRUCTION COMPANY, INC., UNDER CONTRACT FOR THE 2009 SEWER
EXTENSION--ROAD 34 & MARGARET, PROJECT#09-1-02.
WHEREAS, the work performed by SHARPE & PRESZLER CONSTRUCTION
COMPANY, INC., under contract for the 2009 Sewer Extension-- Road 34 & Margaret, Project
409-1-02, has been examined by Engineering and has been found to be in apparent compliance
with the applicable project specifications and drawings, and
WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the
contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering recommendation and thereby accepts the work performed
by SHARPE & PRESZLER CONSTRUCTION COMPANY, INC., under contract for the 2009
Sewer Extension - Road 34 & Margaret, Project 409-1-02, as being completed in apparent
conformance with the project specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this 7th day of September, 2010.
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
AGENDA REPORT NO. 16
FOR: City Council DATE: August 18, 2010
I
TO: Gary Crutchfield, City M
e
FROM: Michael P. McS�1 -ity Engineer Workshop: 08/23/10
Regular: 09/07/10
SUBJECT: Standard Specifications Ordinance
I. REFERENCE(S):
1. Ordinance
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
08/23: Discussion
09/07: MOTION: i move to adopt Ordinance No. amending
Chapter 14.08 "Construction Standards", Section 14.08.010
"Adopted"; and adding Section 14.08.020 "Applicability", and
further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) The original ordinance adopting Construction Standards for the City was passed
in 1969 and the standard referenced is no longer in use. Staff is proposing to
revise the section indicating the current standards as well as adding a section
regarding the applicability of the standards,
V. DISCUSSION
A) Staff recommends the adoption of the ordinance to provide more clear direction
on city standards to both staff and the public,
8(a)
ORDINANCE NO.
AN ORDINANCE concerning Public Works Standard Specifications, amending Section
14.08.010, and adding Section 14.08.020 of the Pasco Municipal Code.
WHEREAS, the City wishes to adopt current construction standards to provide direction
on construction in the City of Pasco, now, therefore,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN
AS FOLLOWS:
Section 1. Section 14.08,010 of the Pasco Municipal Code is hereby amended to read as
follows (deletions shown by inter]iiications and additions shown by underlining):
14,08.010 ADOPTED.
tc#ri; rrt1 arld. 1.
, , ,
provided iii bhapWr- The Standard Specifications for Road, Bridge, and Municipal
Construction published by Washington State Department of Transportation shall ,govern all
construction, modification, extension or improvement affecting directly or indirectly any City
utilitv or street infrastructure elements. Said improvements include, but are not limited to
streets, sidewalks, structures, sewer lines, water lines, storm drainage lines, irrigation lines, or
appurtenances thereto. either by-aublic works contract or by private development, within the
City
The Standard Specifications are adopted as modified by the City of Pasco Amendments
to the Standard Specifications and the City of Pasco Standard Drawings, approved and signed
the city Engineer, except a� na be directed by tk�e Cite Engineer.
The City Clerk shall keep three copies of said Standard Specifications fermi
llukie ct and Amendments on file at all times as required by state law. (Ord.
1367 Sec. 1, 1969.)
Section 2. Section 14.08.020 of the Pasco Municipal Code is hereby added to read as
follows:
14.08.020 APPLICABILITY. The Standard Specifications shall govern all construction
modification, extension or improvement affecting: directly or indirectly any City utility or street
infrastructure elements either by ublic works contract or by private development. within the
C.,ity.
Section 3. This Ordinance shall take effect five (5) days after passage and publication.
PASSED by the City Council of the City of Pasco,this 7th day of September, 2010.
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
AGENDA. REPORT
FOR: City Council August 30, 2010
TO: Gary Crutchfield,. ager Regular Mtg.: 9/7/10
Rick White, (ZV4
Community &Eco omic Development Director
FROM: Dave McDonald, City Planner
SUBJECT: REZONE --- C-1 (C-1 Retail Business) to R-4 (High Densi . Residential) (Fred
LaMothe) (MF# Z 10-003)
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Rezone Ordinance
3. Planning Commission Report
4. Planning Commission Minutes: Dated 7/15/10 & 8/19/10
1I. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
9/07: MOTION: I move to adopt Ordinance No. an Ordinance
rezoning the Carjo Apartment property at 2524 West Sylvester
Street from C-1 to R-4 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 July 15, 2010 the Planning Commission conducted a public hearing to
determine whether or not to recommend a rezone from C-1 (Retail Business) to
R-4 (High Density Residential) for the C.aijo apartments located at 2524 West
Sylvester Street,
B. Following the conduct of a public hearing, the Planning Commission reasoned it
would be appropriate to recommend a change in zoning for the property in
question.
C. No written appeal of the Planning Commission's recommendation has been
received,
S(b)
Vicinity Item: Rezone - C- 1 to R-4 Map p
Ap licant: Fred LaMothe N
File #. Z 10-003
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ORDINANCE NO,
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION FOR A PARCEL LOCATED
IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 25,
TOWNSHIP 9 NORTH, RANGE 29 EAST WM., FROM C-1 (RETAIL
BUSINESS)TO R-4 (HIGH DENSI'T'Y 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, 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-I
(Retail Business) to R-4 (High Density Residential) for the real property as shown in Exhibit "I"
attached hereto and described as follows:
That portion of the West half of the Northeast Quarter of the Northwest Quarter of the Southeast
Quarter of Section 25, Township 9 North, Range 29 East, W.M., in Franklin County, State of
Washington, described as follows,
Beginning at the Northeast corner of said subdivision; thence West along the
North line thereof a distance of 165 feet to the True Point of Beginning, thence
continuing 1k/est along the North line thereof, a distance of 165 feet, more or less;
to the Northwest corner of said subdivision, thence South along the West line of
said subdivision, a distance of 660 feet, more or less, to the Southwest corner of
said subdivision thence East along the South line of said subdivision, a distance of
165 feet, thence North, parallel to the East line of said subdivision a distance of
660 feet, more or less, to the Point of Beginning, Excepting that portion along the
North line thereof lying within the boundaries of Sylvester Street.
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 7th day of September 2010.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debra I,. Clark, City Clerk Leland B. Kerr, City Attorney
Exhibit Item: Rezone - C- 1 to R-4
#1 Applicant: Fred LaMothe N
File #: Z 10-003
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Reference 3 - Planning Commission
Report
REPORT TO PLANNING COMMISSION
MASTER FILE NO: Z 10-003 APPLICANT: Fred LaMothe
HEARING DATE: 7/ 15/2010 10024 W. Court Street
ACTION DATE: 8/ 19/2010 Pasco, WA 99301
BACKGROUND
REQUEST: REZONE: Rezone an existing apartment complex from C-1 (Retail
Business) to R-4 (High Density Residential) zone
1. PROPERTY DESCRIPTION:
Legal: The northwest 'A of the southeast 1/4, Section 29, Township 9
North, Range 30 East, W.M.
General Location: 2524 W Sylvester (Carjo Apartments)
Property Size: Approximately 2.5 acres
2. ACCESS: The property has access from Sylvester Street.
3. UTILITIES: All municipal utilities currently serve the site.
4. LAND USE AND ZONING: The subject property is currently zoned C-1
(Retail Business) and contains the 44 unit Carjo apartment complex.
Surrounding properties are zoned and developed as follows:
NORTH- C-1 — Office buildings and vacant land
SOUTH- C-3 & C-1 — Storage facility/office
EAST- C-3 - Office/mini storage/apartment complex
WEST- C-1 & C-3 - Residential dwellings/office/mini storage
5. COMPREHENSIVE PLAN: The Plan designates this site for mixed
residential/commercial uses. The proposed rezone supports or is
consistent with the following Comprehensive Plan goals: Goal H-1 which
encourages the development of housing for all economic segments of the
population; H-2 that suggests the city should strive to maintain a variety
of housing types; and, H-3 which suggests the city should preserve and
maintain the existing housing stock within the community for present
and future residents. The proposal is also consistent with the following
policies: Policy H-1-A which encourages the development of higher
density housing near arterial streets, community shopping employment
centers; and, Policy H-1-13 which encourages the location of higher
density housing in locations without the need for access through lower
density residential neighborhoods.
1
h. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other
information, a threshold determination resulting in a Determination of
Non-Significance (DNS) has been issued for this project under WAC 197-
11-158.
ANALYSIS
The site is fully developed with the Carjo Apartment complex and has been
since 1976. The Carjo Apartments were constructed in a C-1 zoning district.
Prior to 1982, all residential uses were permitted in the C-1 zone. Single-family
homes, four-plexes or large apartment complexes were all permitted to be
constructed in commercial zoning districts. As a result of the earlier zoning
codes most of the large multi-family housing complexes within the city were
originally constructed in commercial zoning districts. In 1982 Pasco's zoning
regulations were amended to exclude any residential uses from commercial
zoning districts, except residential units approved through the special permit
process on the upper floors of commercial buildings. With the approval of the
1982 amendments most of the large apartment complex's in the City became
non-conforming (including the Carjo Apartments) with respect to zoning.,
Initially the non-conforming status of these apartment complexes was not a
problem. However, the banking and insurance industry began tightening their
regulations for mortgage lending to a point where in the 1990's it became
increasingly difficult to obtain loans on apartments in commercial zoning
districts.
In the mid-1990's seven of the major apartment complexes located in
commercial zoning districts were rezoned to high density residential to
eliminate their non-conforming status. The Carjo Apartments were not rezoned
with the other apartment complexes in 1996. However the Comprehensive
Plan was later updated to include the Carjo Apartments in a mixed
residential/commercial land use area.
The initial review criteria for considering a rezone application are explained in
PMC. 25.88.030. The criteria are listed below as follows:
1. The date the existing zone became effective:
The current zoning classification was established prior to 1976.
2. The changed conditions, which are alleged to warrant other or additional
zoning:
2
The Comprehensive Plan was changed in 2008 to specifically designate the site
for mired reside ntiaVcommercial uses. The proposed rezone is consistent with
that designation. Other major apartment complexes in commercial zoning
districts have been rezoned to high density residential districts.
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The proposed rezone is consistent with the Comprehensive Plan which was
adopted in part to further the public health, safety and general welfare of the
community. The Comprehensive Plan further advances the general welfare of the
community by containing a number of goals and policies addressing housing
needs for city residents. The proposed rezone supports many of the goals and
policies.
4. The effect it will have on the value and character of the adjacent property
and the Comprehensive Plan:
The proposed rezone will not change the existing use on the site. The Carjo
Apartments have been located on the site since 1976. The adjoining mini-storage
units were also constructed in 1976 and have not been negatively affected by
being located adjacent to the apartment complex. The general character of the
area will not be changed as a result of the proposed rezon.e.
5. The effect on the property owner or owners if the request is not granted:
Denial of the requested zone change would cause the Carjo Apartments to
continue to be non-conforming. The non-conforming status makes it difficult for
the owner to sell the apartment complex or rebuild if the complex is damaged.
6. The Comprehensive Plan land use designation for the property:
The Comprehensive Plan designates the site for mixed residential/commercial
uses.
STAFF INITIAL 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 findings to this listing as the result of
factual testimony and evidence submitted during the open record hearing.
1. The site is within the Urban Growth Boundary.
2. The site is zoned C-1 (Retail Business).
3. The site is approximately 2.5 acres.
3
4. The site was zoned C-1 in 1976 when the Carjo Apartments were
constructed.
5. The Comprehensive. Plan designates the site for mixed residential/
commercial uses.
6. Comprehensive Plan Goal H-2 suggests the City should strive to maintain
a variety of housing types.
7, Comprehensive Plan Goal H-3 suggests the City should preserve and
maintain the existing housing stock within the community for present and
future residents.
8. Comprehensive Plan Policy H-1-A encourages higher density housing to
develop near arterial streets, community shopping and employment
centers.
9. Comprehensive Plan Policy H-1-B encourages the location of higher
density housing in locations that avoid the need for access through lower
density neighborhoods.
10. The Carjo Apartments are multi-family housing complex which add variety
to the housing stock within the City.
11. The site is located on an arterial street.
12. The site is functionally convenient to major shopping areas.
13. The Americana Apartments located 166 feet east of the Carjo Apartments
were rezoned to high density residential in 1996.
14. The proposed zone change is consistent with the Comprehensive Plan.
CONCLUSIONS
BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Planning Commission
must develop its conclusions from the findings of fact based upon the criteria
listed in P.M.C. 25.88,060 and determine whether or not:
(1) The proposal is in accordance with the goals and policies of the
Comprehensive Plan.
The Comprehensive Plan designates this site for mixed residential/commercial
uses. The proposal supports several housing goals and policies (H-1, 14-2, 14-3 &
H-1-A, H-1-B) of the Plan.
(2) The effect of the proposal on the immediate vicinity will not be materially
detrimental.
The Carjo Apartments have been located at 2524 W. Syluester Street for 34
years. The proposed rezone will not change the existing development patterns
within the neighborhood. The apartment complex and nearby commercial uses
4
have co-existed for the past 34 years. The existence of the apartment complex
has not been materially detrimental to nearby commercial uses.
(3) 'There is merit and value in the proposal for the community as a whole.
Rezoning the site will assist in preserving a segment of the housing stock and
bring consistency between rand use and zoning. The proposal therefore has
value and merit for the community.
(4) Conditions should be imposed in order to mitigate any significant
adverse impacts from the proposal.
The existing land use patterns have been established for over 30 years and as a
result no conditions are needed.
(5) A concomitant agreement should be entered into between the City and
the petitioner, and if so, the terms and conditions of such an agreement.
A concomitant agreement is not needed.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact and
conclusions therefrom as contained in the August 19, 2010 staff
report.
MOTION for Recommendation: I move based on the findings of fact
and conclusions therefrom the Planning Commission recommend the
City Council rezone the Carjo Apartment site from C-1 (Retail
Business) to R-4 (High Density Residential).
5
Vicinity Item: Rezone - C- 1 to R-4 Map
Applicant: Fred LaMothe N
File #: Z 10-003
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Reference 4 - Planning Commission
Minutes dated 7115110
PLANNING COMMISSION MINUTES
JULY 15, 2010
E. REZONE Rezone an existing apartment complex (Cargo
Apartments from C-1 Retail Business to R-4
(High Density Residential Zone 2524 W.
Sylvester Street) (Fred LaMothe) (MF# Z 10-
003)
Chairman Cruz read the master file number and asked for comments from staff.
Mr. McDonald, City Planner, explained the request to rezone the Cargo
Apartments from C- 1 to R-4. The complex was built in 1976 and at that time
zoning regulations allowed residential units to be constructed in the C-1 zoning
district. The zoning regulations changed in 1982 and residential units were no
longer permitted in the C-1 zoning district which caused a number of apartment
complexes to be non-conforming. In the early 1990's lending institutions and
insurance companies took note and made it difficult to finance and rebuild
damaged non conforming apartment complexes. In the mid-1990's a number of
commercial zoned apartment properties were rezoned to R-4. The written report
was reviewed for the benefit of the Planning Commission.
Fred LaMothe, 10024 W. Court Street, stated he was made aware that his
complex was not in compliance with the Comprehensive Plan and zoning and if a
fire occurred he would not be able to rebuild unless he was in conformance with
the Comprehensive Plan and zoning. He stated that some time ago he requested
and was granted a Comprehensive Plan amendment and is now requesting a
rezone consistent with the plan.
Commissioner Hay 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
August 19, 2010 rnee.ting.
Reference 4 - Planning Commission
Minutes dated 8119110
PLANNING COMMISSION MINUTES
AUGUST 19, 2010
D. REZONE Rezone an existing apartment complex (Carjo
Apartments) from C-1 (Retail Business) to R-4
(High Density Residential) Zone (2524 W.
Sylvester Street) (Fred LaMothe) (MF# Z 10-
003
Chairman Cruz read the master file number and asked for comments from staff.
Mr. McDonald had no additional comments.
Commissioner Anderson moved, seconded by Commissioner Hay, to adopt
findings of fact and conclusions therefrom as contained in the August 19, 2010
staff report.
Commissioner Anderson further moved, seconded by Commissioner Hay, based
on the findings of fact and conclusions therefrom the Planning Commission
recommend the City Council rezone the Carjo Apartment site from C-1 (Retail
Business) to R-4 (High Density Residential). The motion passed unanimously.
AGENDA REPORT
TO: City Councivr `l August 17, 2010
FROM: Gary Crutchfic Manager Workshop Mtg.: 8/23/10
Regular Mtg.: 9/7/10
SUBJECT: Capital Improvement Plan
I. REFERENCE(S):
I. Proposed Capital Improvement Plan 2011-2016 (Council packets only; copy
available 1'or review in the City Manager's office, Pasco Library or on the city's
website at htti)://www.i)asco-wa,pov/Generalinfo/FinanceAccountin },
2. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
8/23. Discussion
9/7: MOTION: I move to approve Resolution No. , adopting the Capital
Improvement Plan for fiscal years 2011-2016.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS:
A) The annual Capital Improvement Plan (CIP) for 2011-2016 was presented to Council
for discussion at the August 9 workshop meeting.
V. DISCUSSION:
A) Some changes have been made to the proposed plan by staff subsequent to the
August 9 discussion, as follows:
• Deleted door replacement at the Multi-Modal Facility (prior page 17). At
$40,000, this project is not large enough to merit inclusion in the CIP ($50,000
threshold typically); it will be included in the city's operating budget.
• Senior Center kitchen (page 19). This project has been postponed in the plan
from 2011 to 2012 to work out project need details.
• The proposed park at Linda Loviisa Subdivision (page 22) has been moved to
2011 construction from 2012 to level out the construction workload and respond
to the pace of development.
• The BNSF sewer project (page 34) has been moved to 2016 (from 2014) pending
a timing decision by the railroad and so as to not unduly affect rate setting
analyses.
B) Staff recommends that council identify any substantive changes it desires and
schedule formal Council approval of the Capital Improvement Plan at the September
7 business meeting, so that the CIP is in place to guide staff in preparation of the
annual budget this mall.
8(c)
RESOLUTION NO.
A RESOLUTION Approving the Capital Improvement Plan for Calendar
Years 2011-2016.
WHEREAS, staff has prepared the Capital Improvement Plan which defines the capital
projects proposed to be undertaken by the City over the ensuing six years; and
WHEREAS, on August 9 and August 23, 2010 the Capital Improvement Plan was
presented to the City Council for review and prioritization; NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. That the Pasco City Council hereby approves the Capital Improvement Plan
for calendar years 2011-2016 as the City's list of capital projects proposed to be undertaken by
the City over the coming six years, with the understanding that implementation of any project
listed in the Capital Improvement Plan is subject to budget appropriation.
PASSED by the City Council of the City of Pasco at its regular meeting this 7th day of
September, 2010.
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Clark Leland B. Kerr
City Clerk City Attorney
AGENDA REPORT
FOR: City Council R September 2, 2010
4 i
1}s
TO: Gary Crutchtiel a� Tanager Regular Mtg.: 9/7/10
FROM: Stan Strebel, Deputy City Manage
SUBJECT: Appointments to Regional Public facilities District Board of Directors
I. REFERENCE(S):
1, Proposed Resolution
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
917: MOTION: I move to approve Resolution No. �, confirming
appointments to the Board of Directors of the Tri-Cities Regional
Public Facilities District.
Ill. FISCAL IMPACT:
NIA
IV. HISTORY AND FACTS BRIEF:
A) Each of the cities has approved the Interlocal Cooperation Agreement which
provides for the creation of the Tri-Cities Regional Public Facilities District
('I'(,'RPFD). The District is to be created effective October 1, 2010.
B) Provisions of state law, in concert with the interlocal agreement, provide for nine
members of the Board of Directors of TCRPFD, three to be appointed by each
City Council. All members of the Regional Board are to be either members of the
respective City Council or the respective city's Public Facilities District,
V. DISCUSSION:
A) The Pasco PFD Board has recommended John Merk (Pasco PFD Board member)
be appointed to fill one of the three Pasco seats on the Regional Board. Council
should fill in the two blanks with Councilmembers and approve the Resolution, so
the Pasco representatives are prepared to attend the RPFD's organizational
meeting in October.
8(d)
RESOLUTION NO.
A RESOLUTION of the City of Pasco confirming appointments to the
Tri-Cities Regional Public Facilities District.
WHEREAS, the cities of Kennewick, Richland and Pasco have each approved an
lnterlocal Cooperation Agreement providing for the creation of the Tri-Cities Regional Public
Facilities District, to be effective October 1, 2010; and
WHEREAS, each city in conformance with law and the lnterlocal Agreement, has the
authority to appoint three members of the Board of Directors of the Regional Public Facilities
District; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
)RESOLVE AS FOLLOWS:
Section 1. That the following appointments to the Board of Directors of the Tri-Cities
Regional Public Facilities District are hereby confirmed:
TITLE NAME TERM ENDING
Pasco PFD Board Member John Merk 10/1/2011
Pasco City Councilmember 10/1!2012
Pasco City Councilmember 10/1!2013
Section 2. This resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco at its regular meeting this 7th day of
September, 2010.
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Clark Leland B. Kerr
City Clerk City Attorney
AGENDA REPORT
FOR: City Council August 27, 2010
i
TO: Gary Crutchfield, Manager .Regular Mtg.: 917110
Rick White,
Community &1^;eonomic Development Director
FROM: Shane O'Neill, Planner 1
SUBJECT: SPECIAL PERMIT (M-F# SP10-019 : Location of a Level-One Communit
Service Facility (Children's Preschool) in a C-1 (Retail Business) Zone World
Life Church)
I. REFERENCE(S):
1. Vicinity Map
2_ Proposed Resolution
3. Report to Planning Commission
4. Planning Commission Minutes: Dated 7/15/10 and 8119110
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
917: MOTION: 1 move to approve Resolution No. , approving a
special permit for the location of a Level-One Community
Service Facility (children's preschool) at the Broadmoor Outlet
Mall on Outlet Drive.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On July 15, 2010, the Planning Commission conducted a public hearing to
detennine whether or not to recommend a special permit be granted for the
location of a Level-One Community Service Facility (children's preschool) at the
Broadmoor Outlet Mall on Outlet Drive.
B. Following conduct of the public hearing, the Planning Commission reasoned that
with conditions, it would be appropriate to recommend approval of a special
permit for the location of a Level-One Community Service Facility (children's
preschool) at the Broadmoor Outlet Mall on Outlet Drive,
C. The recommended conditions are contained in the attached resolution.
D. No written appeal of the Planning Commission's recommendation has been
received.
8(e)
tY Applicant:Item: S ecial Permit - Preschool
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Reference 2 - Proposed Resolution
RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S
RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE
LOCATION OF A LEVEL-ONE COMMUNITY SERVICE FACILITY (CHILDREN'S
PRESCHOOL) IN A C-1 (RETAIL BUSINESS)ZONE
WHEREAS, World Life Church submitted an application for the location of a
Level-One Community Service Facility (children's preschool) in a C-1 (Retail Business)
Zone (Tax Parcel 115-480-092); and,
WHEREAS, the Planning Commission held a public hearing on July 15, 2010 to
review the proposed children's preschool; and,
WHEREAS, following deliberations on August 19, 2010 the Planning
Commission recommended approval of a Special Permit for the children's preschool with
certain conditions; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
1. That a Special Permit is hereby granted to World Life Church for the location of a
Level-One Community Service Facility (children's preschool) in a C-1 zone under
Master File# SP 10-019 with the following conditions:
a) The special permit shall be personal to the applicant;
b) The preschool must comply with all requirements of the International
Building Code for occupancy prior to occupancy by the building;
c) The storefront appearance of the leased space cannot be altered except
as needed to comply with building code exiting requirements;
d) The preschool attendance shall be limited to no more than fifty (50)
children on site at any given time;
e) The building, including entrances and restrooms, must be
ADA/handicap-compliant prior to occupancy;
f) Occupancy of the building for preschool purposes will not be
permitted until the church complies with all conditions listed herein;
g) The preschool shall not object to the transfer, renewal or issuance of a
liquor license for an existing or new establishment within 1,000 feet of
the property;
h) The special permit shall be null and void if the applicant has not
obtained a City of Pasco business license by April 1, 2011;
i) The special permit shall terminate on December 8, 2011.
I
Passed by the City Council of the City of Pasco this 7t" day of September, 2014.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
2
Reference 3 - Report to the
Planning Commission
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP 10-019 APPLICANT: World Life Church
HEARING DATE: 07/ 15/2010 5256 Outlet Drive
ACTION DATE: 08/19/2010 Pasco, WA 99301
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of a Level-One Community Service
Facility (Children's Preschool) in a C-1 (Retail
Business) Zone.
1. PROPERTY DESCRIPTION:
Legal: Parcel #115-502-016: .a portion of the South half of Section 8,
Township 9 North, Range 29 WM
General Location: 5252 Outlet Drive (Broadmoor Outlet Mall)
Property Size: Approximately 11 acres
2. ACCESS: The site has access from Sandifur Parkway by way of Outlet
Drive.
3, UTILITIES: All municipal utilities currently serve the site.
4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail
Business) and contains the Broadmoor Outlet Mall. Surrounding
properties are zoned and developed as follows:
NORTH: C-1 - Vacant land
SOUTH: CR - Interstate 182, RV sales business
EAST: C-1 - Vacant land
WEST: C-1 - Vacant land
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site
for commercial uses. Goal LU-3-A encourages the location of preschools
in each neighborhood.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other
information, a threshold determination resulting in a Determination of
Non-Significance (DNS) has been issued for this project under WAC 197-
11-158.
ANALYSIS
The applicant is requesting special permit approval to add preschool use to a.
commercial tenant space in the Broadmoor Outlet Mall. The proposed tenant
space currently contains a church, Sunday school and office space. The
applicant intends to serve the needs of church members who attend the
adjacent Charter College and require childcare while they are in school,
Preschools and child daycares are defined as level-one community service
facilities. Community service facilities are considered unclassified uses and as
such, require special permit approval before locating anywhere within the city.
The applicant indicated an enrollment capacity range of 10-50 children with a
preference of the higher enrollment. Accordingly, the additional staffing ranges
from two to five additional on-site employees to operate the preschool.
Children would be on site from 8 a..m. to 5 p.m. and the day would be split into
two classes, each lasting four hours.
The proposed preschool could generate up to approximately 224 (per the ITE
Trip Generation Manual) vehicle trips per day (including employees) if each
child arrived in an individual vehicle. Since the preschool is intended to serve
the needs of parents attending Charter College a certain percentage of the ITE
estimate will not be new traffic. Charter College is located within the same
commercial center. Students who drop their children off at the preschool will
not be contributing to increases] traffic volumes.
In considering the traffic impacts of the proposed use the assumption is made
that all trips are new trips. Conditions and analysis use 224 vehicle trips per
day as the baseline for analysis.
The Outlet Mall contains over 103,000 square feet of floor space. Currently
only 58,700 square feet of the mall is occupied. Forty-three percent of the mall
is vacant. The church site is located in the northwest corner of the Outlet
Complex with parking to the east, west and north.
One potential problem with a preschool locating in a commercial area is the
fact that some retail establishments or restaurants sell or serve liquor. The
issue is typically addressed by placing a condition on the special permit
approval limiting the church's ability to object to a liquor license. The current
special permit for the existing church currently imposes such a condition.
At the July 15, 2010 Planning Commission public hearing there was some
discussion relating to the necessity for an outdoor child play area. As indicated
in the letter from World Life Church, attached herein (Exhibit 1), outdoor play
areas are not required by the Department of Social & Health Services for
2
preschools. Accordingly, an outdoor play area is not proposed as part of the
proposed preschool.
The World Life Christian Center is currently authorized by special permit (MF#
SP08-008). Approval condition #7 of the final Planning Commission report
establishes a special permit expiration date of December 8, 2011. The same
expiration date is being applied to the subject special permit. Upon special
permit renewal the applicant may request to have both the church and the
preschool reviewed simultaneously under one application.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report.
The Planning Commission may add additional findings to this listing as the
result of factual testimony and evidence submitted during the open record
hearing.
1. The site is zoned C-1 (Retail Business).
2. The Comprehensive Plan identifies the site for commercial uses.
3. All municipal utilities currently serve the site.
4. Preschools are unclassified uses (PMC 25.86.020).
5. Unclassified uses require special permit approval prior to establishment.
6. The site proposed for a children's preschool currently contains a church
with office space.
7. The preschool will utilize classroom space within the existing church
8. The proposed preschool could generate up to approximately 224 (per the
ITE Trip Generation Manual) vehicle trips per day (including employees)
if each child arrived in an individual vehicle.
0. The applicant indicated a maximum capacity of 50 children for the
preschool.
10. The preschool will accommodate children ages 3-5 years.
11. The preschool will have up to five staff members.
12. The mall is required to have 343 parking spaces.
13. The site contains over 475 on-site parking stalls.
14. Forty-three percent (43%) of the mall is vacant.
15. The underlying Special Permit (MF# SP08-008) for the church expires on
December 8, 2011.
3
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusions
based upon the criteria listed in P.M.C. 25,86.060. The criteria are as follows:
1) Will the proposed use be in accordance with. the goals, policies, objectives
and text of the Comprehensive PIan?
The site is identified in the Comprehensive Plan for commercial uses. The
proposed preschool supports Plan Goal LU-3-A which encourages such
facilities to be located in neighborhoods.
2) Will the proposed use adversely affect public infrastructure?
Adding a preschool use will require no infrastructure modifications. The site is
served by all municipal utilities and the local street network.
3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
The intended character of the neighborhood is a commercial center offering
multiple tenant spaces. A child preschool conducted entirely within the
confines of an existing tenant space would not conflict with or alter the
intended character of the general vicinity.
4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general vicinity
or impair the value thereof?
The preschool is proposed to be located in an existing commercial facility which
previously received a building permit from the City of Pasco. The County
Assessor's records indicate the value of the nearby commercial and residential
properties have increased over the past four years.
5) Will the operations in connection with the proposal be more objectionable
to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or
,flashing lights than would be the operation of any permitted uses within the
district?
Preschools generally operate without generating any noise, dust, traffic or other
conditions that would be objectionable to a commercial neighborhood.
6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in any way become a, nuisance to uses permitted
in the district?
4
As a result of noticing nearby property owners within 300 feet of the proposed
site no complaints or concerns were received by the Planning office. Daycares
and preschools are not expected to generate nuisance complaints in a
commercial complex and neighborhood.
RECOMMENDATION
MOTION for Findings of Fact: 1 move to adopt Findings of Fact and
Conclusions therefrom as contained in the August 19, 2010 staff
report.
MOTION for Recommendation: I move based on the Findings of Fact
and Conclusions therefrom the Planning Commission recommend the
City Council grant a special permit to the World Life Church for the
location of a Children's Preschool with the conditions as contained in
the August 19, 2010 staff report.
APPROVAL CONDITIONS
1) The special permit shall be personal to the applicant;
2) The preschool must comply with all requirements of the
International Building Code for occupancy prior to occupancy by
the building;
3) The storefront appearance of the leased space cannot be altered
except as needed to comply with building code exiting
requirements;
4) The preschool attendance shall be limited to no more than fifty (50)
children on site at any given time;
�) The building, including entrances and restrooms, must be
ADA/handicap-compliant prior to occupancy;
6) Occupancy of the building for preschool purposes will not be
permitted until the church complies urith all conditions listed
herein;
7) The preschool shall not object to the transfer, renewal or issuance
of a liquor license for an existing or new establishment within
1,000 feet of the property;
8) The special permit shall be null and void if the applicant has not
obtained a City of Paso business license by April 1, 2011,
9) The special permit shall terminate on December 8, 2011.
5
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Reference 4 - Planning Commission
Minutes dated 7115114
Planning Commission Minutes
July 15, 2010
A. SPECIAL PERMIT Location of a level-one Communit
Service Facility (Children's preschool)
in a C-1 Zone (World Life Church) 15252
Outlet Drive' (MF# SP 10-019)
Chairman Cruz read the master file number and asked for comments
from staff.
Mr. White, Community & Economic Development Director, reviewed the
applicant's request for the location of a level-one community service
facility - children's preschool in the Broadmoor Square mall. The
proposed preschool site is located within a church that was granted a
special permit in late 2008. The applicant indicated an enrollment range
from 10-50 children to accommodate the need for childcare from the
students at Charter College. Mr. White indicated it would be appropriate
to add an additional condition related to the number of students.
David Jarrett, 369 Falcon Ridge, Richland, WA, Pastor at World Life
Church stated they intend to have a preschool which would have two 4
hour classes available for a total enrollment of 50 students. A separate
area is available within the church for the preschool and child activities.
He stated several students from Charter College have asked if they
provide childcare services and they would like to accommodate their
need.
Commissioner Kempf asked the applicant if they would have an outdoor
play area.
Mr. Jarrett stated they were currently working with the mall owner for
the location of an outdoor playground.
Chairman Cruz asked if that would be allowed under the special permit.
Mr. White stated it could be allowed however it needs to be clarified for
the Planning Commission to consider.
Mr. Jarrett stated the play area would be "temporary" where the play
equipment would be set up and removed daily.
Mr. White stated the applicant should submit a sketch for the proposed
outdoor play area.
Chairman Cruz stated he would suggest a sketch be submitted.
Commissioner Hay asked the applicant if he agreed to the conditions.
Mr. Jarrett stated ycs.
Chairman Cruz asked the Commissioners if the maximum number of
students should be 50.
Commissioner Anderson stated it would be appropriate to add as an
approval condition and asked if they should continue this to allow more
time to provide the requested information.
Mr. White suggested the matter be continued to the next Planning
Commission Meeting allow time for staff and the applicant to discuss the
number of students and the outdoor play area.
Commissioner Anderson moved, seconded by Commissioner Hay, to
continue this item to the August 19, 2010 meeting.
Reference 4 - Planning Commission
Minutes dated 8119/10
PLANNING COMMISSION MINUTES
AUGUST 19, 2010
C. SPECIAL PERMIT Location of a level-one Community Service
Facility {Children's preschool) in a C-1 Zone
(World Life Church) (5252 Outlet Drivel (MF#
SP 10-019)
Chairman Cruz read the master file number and asked for comments from staff.
Mr. White stated the applicant clarified that the Department of Social and Health
Services does not require a preschool to have an outdoor play area and therefore
the church eliminated adding an outdoor play area.
Commissioner Lukins moved, seconded by Commissioner Anderson, to adopt
findings of fact and conclusions therefrom as contained in the August 19, 2010
staff report.
Commissioner Lukins further moved, seconded by Commissioner Anderson,
based on the findings of fact and conclusions therefrom the Planning
Commission recommend the City Council grant a special permit to the World Life
Church for the location of a children's preschool with the conditions as
contained in the August 19, 2010 staff report. The motion passed unanimously.
AGENDA REPORT
FOR: City Council August 27, 2010
TO: Gary Crutchfield, Manager Regular Mtg.: 9/7'10
Rick White,
Community & Economic Development Director
FROM: Shane O'Neill, Planner I
SUBJECT: SPECIAL PERMIT (MF4 SP10-020 : Location of a farm in RT Residential
Transition) and C-1 (Retail Business) Zones (Tom Kidwell)
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Resolution
3. Report to Planning Commission
4. Planning Commission Minutes: Dated 7115110 and 8119/10
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
9/7: MOTION: I move to approve Resolution No. , approving a
special permit for the location of a farm at the intersection of
Burden Boulevard and Road 76.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On July 15, 2010, the Planning Commission conducted a public hearing to
determine whether or not to recommend a special permit be granted for the
location of a farm at the intersection.of Burden Boulevard and Road 76.
B. Following conduct of the public hearing, the Planning Commission reasoned that
with conditions, it would be appropriate to recommend approval of a special
permit for the location of a farm at the intersection of Burden Boulevard and Road
76.
C. The recommended conditions are contained in the attached resolution.
D. No written appeal of the Planning Commission's recommendation has been
received.
8(f)
Vicinity Item: Special Permit - Fanning
Applicant. Tom Kidwell N
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File #: SP 10-020
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Reference 2 - Proposed Resolution
RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S
RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE
LOCATION OF A FARM IN RT (RESIDENTIAL TRANSITION) AND
C-1 (RETAIL BUSINESS) ZONES
WHEREAS, Tom Kidwell and the Washington State Department of Natural
Resources, submitted an application for the location of a farm in RT and C-1 Zones (Tax
Parcels 117-530-015 & 117-500-118); and,
WHEREAS, the Planning Commission held a public hearing on July 15, 2010 to
review the proposed farm; and,
WHEREAS, following deliberations on August 19, 2010 the Planning
Commission recommended approval of a Special Permit for the farm with. certain
conditions; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
1. That a Special Permit is hereby granted to Tom Kidwell and the Washington State
Department of Natural Resources for the location of a fam in the RT and C.-1 zones
under Master File # SP10-020 with the following conditions:
a) The special permit shall apply to the property;
b) The farm shall be operated by using best management practices for
agricultural production;
c) No irrigation water is permitted to be sprayed or otherwise drain onto the
adjoining right-of-way;
d) Irrigation water and farm chemicals must be applied at agronomic rates;
e) The farm crop shall be limited to alfalfa only;
f) The property shall be posted to indicate no motorcycling or four-wheeling is
permitted;
g) A conservation plan approved by the Farm Service shall be submitted to the
City prior to site grading;
h) A dust control plan must be approved by City staff prior to site grading;
i) The water rights preserved with this farming operation shall remain with the
property for future needs within the City of Pasco;
j) The special permit shall be valid for a period of three years and will
automatically extend to five years if the applicant adheres to the conditions of
special pennit approval. Extensions beyond the first five years may be
permitted, but will require the submittal of a new special permit application.
In reviewing a new special permit application for this farm the Planning
Commission will consider the criteria of PMC 25.86.060 along with changes
in surrounding development, the pace at which surrounding development is
occurring, improvements to utilities services within the area and any nuisance
complaints about the operations of the farm over the past five years. No
farming activity shall be permitted beyond September, 30, 2020;
k) The special permit shall be null and void if farming activity has not begun by
September 30, 2011.
Passed by the City Council of the City of Pasco this 7'11 day of September, 2010,
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Reference 3 - Report to
the Planning Commission
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP 10-020 APPLICANT: Tom Kidwell
HEARING DATE: 07/15/2010 2420 W. Court Street
ACTION DATE: 08/ 19/2010 Pasco, WA 99301
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of a farm in RT (Residential
Transition) and C-1 (Retail Business) zones.
1. PROPERTY DESCRIPTION:
Legal: Lot 4, Binding Site Plan 2006-04 together with that portion of
the northeast 1/4 of the northwest 1/4 and the westerly 170 feet of
the northwest 1/4 of the northeast 1/4 of Section 16, Township 9
North, Range 29 East, W.M lying northerly of 1-182
General Location: Parcels 117-530-015 & 117-500-118: at the southwest
corner of the intersection of Road 76 and Burden Blvd. lying northerly of
I-182.
Pro2erry Size: Approximately 32 acres
2. ACCESS: The site has access from Road 76 and Burden Boulevard.
3, UTILITIES: Municipal water and sewer utilities serve the site.
Irrigation water is also available.
4. LAND USE AND ZONING: The site is currently zoned RT (Residential
Transition) and C-1 (Retail Business) and remains vacant. Surrounding
properties are zoned and developed as follows:
NORTH: R-1 - Single-family and multi-family residences
SOUTH: RT - Interstate 182, vacant farm land
EAST: C-1 - Commercial businesses
WEST: R-1 - Interstate 182, single-family residences
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site
for mixed residential and commercial uses.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other
information, a threshold determination resulting in a Determination of
Non-Significance (DNS) has been issued for this project under WAC 197-
11-158.
1
ANALYSIS
The applicant is requesting special permit approval to conduct fanning
activities in an RT (Residential Transition) zone and in a C-1 (Retail Business)
zone. The site includes two vacant parcels owned by the Washington State
Department of Natural Resources located directly to the west of Lowe's and
southwest of Wal-Mart on Road 68.
The applicant is proposing the conversion of approximately 32 acres of vacant
land to commercial agricultural production. Pursuant to PMC 25,20.040(1)
commercial agriculture uses may be permitted in the RT zone as a conditional
use. Additionally, pursuant to FMC 25.86.035 commercial agriculture uses
can be permitted within 1000 feet of residential zoning districts on the
condition that the applicant submit a conservation plan approved by the Farm
Service Agency,
In review of this proposal Staff has identified three issues for consideration by
the Planning Commission: 1) dust control; 2) noise; and 3) the eventual
conversion to intended uses.
During the initial grading and leveling of the site fugitive dust could potentially
impact adjacent lands if not properly monitored. This impact would be
eliminated once a crop is planted. Staff would suggest the applicant be
required to maintain a viable water source on site during the initial grading
and leveling to manage fugitive dust during wind events, and submit a dust
control plan for approval by City staff.
Often commercial agricultural activities occur at odd hours, which could
potentially impact adjacent residential uses. Staff suggests the applicant be
required to submit a complaint monitoring plan to help alleviate these impacts.
The plan should minimally include potential hours of operation, a contact
person to whom complaints may be submitted and a preliminary plan outlining
hour noise complaints will be addressed.
In the early 1990's much of the 1-182 corridor area was put into agricultural
production. Farming operations still occur near recently developed
subdivisions. These farms make productive use of the land and play an
important role in preserving water rights for the community. As irrigation
water was applied to the land water rights became perfected. When
development occurs and farms are converted to land uses as indicated in the
Comprehensive Plan the water rights are required to be transferred to the City.
The property in question currently has water rights however; the crater rights
have not been perfected. The applicant, on behalf of the property owner, is
endeavoring to put the land into agricultural production to preserve the water
rights. The water rights can only be preserved if they are put to use or they
2
will be forever lost. The Department of Natural Resources water permit for the
property indicates the source of irrigation water for the site can be either the
Franklin County Irrigation District #1 intake at Road 111 or the I-
182/Columbia River intake.
Even though the Municipal Code contains provisions for commercial farming,
the City's Comprehensive Plan has designated the site for future mixed
residential and commercial development. Therefore farming on the site must
be considered only an interim use. Placing a time limit or a reassessment date
for the farming operation would address the concern of having the farming
operation on the site for an extended period of time.
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. A portion of the site is zoned RT (Residential Transition).
2. A portion of the site is zoned C-1 (Retail Business).
3. The Comprehensive Plan identifies the site for mixed residential and
commercial uses.
4. The site is within the Pasco urban growth boundary.
5. The site is approximately 32 acres.
6. Municipal water is located on the site.
7. Municipal severer is located adjacent to the site.
8. A major irrigation line is located on the site.
9. Farms are listed as permitted conditional uses in the RT zone [PMC
25.20.040(1)].
10. Farms are listed as unclassified uses when located within 1000 feet of
residentially zoned parcels.
11. Unclassified uses require special permit approval prior to establishment.
12. The site proposed for a farm is currently vacant.
13. Island Estates was developed on a farm field.
14. The Wal-Mart shopping area was developed on a farm field.
15. Farming within the urban growth area is considered an interim use only.
16. The 1-182 bike path is located along the southern edge of the site.
3
17. The site is not listed as a critical area in the City's Comprehensive Plan.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusions
based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows:
1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
Goal LU-1 suggests the City take deliberate and consistent measures to
improve the City's physical environment. The proposal supports this goal by
establishing a use on an otherwise vacant parcel. The proposal is an interim
use that will preserve the site for uses designated in the Comprehensive Plan.
Policy LU-3-C encourages the use of irrigation water for landscape
maintenance. The proposal will preserve water rights which will provide for
future irrigation needs.
2) Will the proposed use adversely affect public infrastructure?
The proposed farm will have no adverse impact on public infrastructure. A
farm is not dependent upon City utilities or infrastructure like a retail business
or manufacturing plant. In the long term, the proposal will significantly benefit
public infrastructure, namely the public water system. The proposal will
secure scarce water rights for the community and enable irrigation water to be
used on the site for future irrigation needs rather than expensive potable water.
Securing additional water rights for the City will help ensure the City will have
the necessary water to serve surrounding homes and businesses.
3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
The location of other farms within the 1-182 Corridor has demonstrated that
farms within close proximity of dwellings can be operated harmoniously with
intended uses. Farms have operated simultaneously with development of
Island Estates, Sunny Meadows, the Village at Pasco Heights and other
subdivisions in the I-182 corridor. The proposed use will not make intensive
use of the land or lead to disorderly growth of the community.
4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general vicinity
or impair the value thereof?
4
There will be no structures erected on site other than irrigation equipment.
Development within the I-182 corridor attests to the fact that farming
operations do not discourage development of permitted uses or impair the
value of nearby development.
5) Will the operations in connection with the proposal be more objectionable
to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or
flashing lights than would be the operation of any permitted uses within the
district?
The proposed farm lies immediately north of the I-182 freeway. The farming
operation will not create more noise, fumes, vibrations, traffic and flashing
lights than the adjacent freeway. The farm will also create less traffic and
related activity than the subdivision to the north or the commercial
development to the east.
6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in any way become a nuisance to uses permitted
in the district?
The proposed farm is only an interim use, and will not impede the development
of future uses; nor will it become a nuisance to future permitted uses. The
existence of numerous farming operations within the I-182 area generally
demonstrates that the proposed use should not become a nuisance to
permitted uses nor endanger public health and safety.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt Findings of Fact and
Conclusions therefrom as contained in the August 19, 2010 staff
report.
MOTION for Recommendation: I move based on the Findings of Fact
and Conclusions therefrom the Planning Commission recommend the
City Council grant a special permit to Tom Kidwell /Washington State
Department of Natural Resources for the location of a farm with the
following conditions:
APPROVAL CONDITIONS
(1) The special permit shall apply to the property;
(2) The farm shall be operated by using best management practices for
agricultural production;
(3) No irrigation water is permitted to be sprayed or otherwise drain onto
the adjoining right-of-way;
5
(41 No irrigation water is permitted to be sprayed onto the adjoining
residential fences or property;
(5) Irrigation water and farm chemicals must be applied at agronomic
rates;
(6) The farm crop shall be limited to alfalfa only;
(7) The property shall be posted to indicate no motorcycling or four-
wheeling is permitted;
(8) A Conservation Plan approved by the Farm Service shall be submitted
to the City prior to site grading;
(9) A dust control plan must be submitted and approved by City staff
prior to site grading;
(10) A complaint monitoring plan that identifies hour the applicant will
respond to neighborhood complaints must be submitted and approved
by City staff prior to site grading;
(] 1) The water rights preserved with this farming operation shall remain
with the property for future needs within the City of Pasco;
(12) The special permit shall be valid for a period of three years and will
automatically extend to five years if the applicant adheres to the
conditions of special permit approval. Extensions beyond the first five
years may be permitted, but will require the submittal of a new
special permit application. In reviewing a new special permit
application for this farm the Planning Commission will consider the
criteria of PMC 25.86.060 along with changes in surrounding
development, the pace at which surrounding development is
occurring, improvements to utilities services within the area and any
nuisance complaints about the operations of the farm over the past
five years. No farming activity shall be permitted beyond September,
30, 2020;
(13) No hay stacks are permitted west of Road 76;
(14) The farming operation shall interfere with public use of the 1-182 bike
path;
(15) The special permit shall be null and void if farming activity has not
begun by September 30, 2011.
6
Item: Special Permit -I Vicinity
Farming
Applicant: '_..
MaP File #: SP 10-020
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Land Item: Special Permit - Farming
Use Applicant: Tom Kidwell
Mal) File #: SP 10-020
Commercial
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Zoning Item: Special Permit - Fanning
Map A pplicant : Tom Kidwell
File #: SP 10-020
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Reference 4 - Planning Commission
Minutes - 7115110
Planning Commission Minutes
July 15, 2010
A. SPECIAL PERMIT Location of a farm. in RT (Residential
Transition) and C-1 (Retail Business)
Zones (the southwest corner of the
intersection of Road 76 and Burden
Blvd. lying northerly of I-182) jTom
Kidwell) (MF# SP 10-020)
Chairman Cruz read the master file number and asked staff for
comments.
Mr. McDonald, City Planner stated the application was for the location of
a farm in an RT 8s C-1 zone west of Lowe's on Road 68. The property is
owned by the Department of Natural Resources and is part of the land
they own to the south of I-182. The property has water rights attached to
it and establishing a farm perfects the water rights assigned to this
property. The only way to perfect those water rights is to put the land to
beneficial use such as farm the land. I response to the hearing notice
staff received a couple of calls regarding the stacking of hay in front of
homes and use of the bike path. Dust control and noise were also briefly
discussed. It was explained that the area west of Road 68 had been used
for farming in past years and as development occurred, crop circles were
purchased and incrementally converted to subdivisions with houses.
Housing and farming have coexisted in the area with few complaints
being generated.
To address possible concerns about blocked views and other issue Mr.
McDonald recommended the proposed approval conditions also include
additional conditions regarding hay stacking in certain areas, over
spraying on property owners fences, and interference with the bike path..
Connie Scheenstra, 4912 Porlier Lane, Pasco, WA stated she owned a
townhouse bordering the property in question and she was concerned
about blowing dust and use of fertilizers or pesticides. She also
questioned the type of crop to be planted.
Chairman Cruz stated alfalfa would be the crop for this property.
The Planning Commission agreed to add the conditions as presented.
Commissioner Anderson moved, seconded by Commissioner Hay, to close
the hearing on the proposed commercial farm and initiate deliberations
and schedule adoption of findings of fact, conclusions and a
recommendation to the City Council for the August 19, 2010 meeting.
Reference 4 - Planning Commission
Minutes - 8119110
PLANNING COMMISSION MINU'T'ES
AUGUST 19, 2010
A, SPECIAL PERMIT Location of a farm in RT (Residential
Transition) and C-1 {Retail Business) Zones
(the southwest corner of the intersection of
Road 76 and Burden Blvd. lying northerly of I-
1821 !Tom Kidwell) (MF# SP 14-020)
Chairman Cruz read the master file number and asked staff for comments.
Mr. Dave McDonald, City Planner, stated condition 414 should read the farming
operation shall not interfere with the bike path.
Commissioner Neuenschwander asked if the issue of spraying and the use of
chemicals was addressed.
Mr. McDonald stated the approval conditions addressed her concerns.
Commissioner Neuenschwander asked what would happen to the water rights, if
the property was not put to use.
Mr. McDonald stated the water rights would be forever lost if not perfected. The
proposed farm would case the land to be put to a beneficial use thereby
preserving the water rights.
Commissioner Neuenschwander asked how complaints would be addressed.
Mr. McDonald stated prior to development a complaint plan would be required
from the applicant.
Commissioner Neuenschwander asked about the approval time period.
Mr. McDonald stated the initial recommended approval period was for three (3)
years with an extension to 5 years provided the applicant adheres to the
approval conditions. Extensions beyond the first five years would require a new
special permit application.
Commissioner Hay moved, seconded by Commissioner Anderson, to adopt
findings of fact and conclusions therefrom as contained in the August 19, 2010
staff report.
Commissioner Hay further moved, seconded by Commissioner Anderson, based
on the findings of fact and conclusions therefrom the Planning Commission
recommend the City Council grant a special permit to Tom Kidwell/Washington
State Department of Natural Resources for the location of a farm with conditions
as contained in the special permit. The motion passed unanimously.
{
AGENDA REPORT
FOR: City Council August 18, 2010
TO: Gary Crutchfi
4� 0 Manager I411orkshop Mtg,: 8/23/10
Regular Mtg,: 9/07110
FROM: Lynne .lacksonj-luman Resources Manager
SUBJECT: Bargaining Contract for Non-Uniformed Police Employees
I. REFERENCE(S):
1. Proposed Collective Bargaining Agreement (Council packets only; copy available for
public review in the Human Resource office, the Pasco Library or on the city's
webpage at http:/,'ww-�A,,pasco-wa.g�ov/iN,ebapp/cit.rcouncilretiorts)
11, ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
8/23: Discussion
9/7. MOTION: 1 move to approve the Collective Bargaining Agreement with the
Pasco Police Officers Association (Non-Uniformed) for 2009
through 2011 and, further, authorize the Mayor to sign the
agreement.
III. FISCAL IMPACT:
Increases annual cost of Police Department non-uniformed employees by approximately
$13,100.
IV. HISTORY AND FACTS BRIEF:
The previous contract terminated December 31, 2008,
V. DISCUSSION:
The city and representatives of the non-uniformed employees in the Police Department
have reached tentative agreement on a new. three-year contract. Following is a listing of
the significant changes to the agreement:
■ Effective 2009: 0% increase
■
Effective 1/0112010: 00/0 increase
■ Effective 9/27/2010: 4% increase
■ Effective 1/01/2011: 90% of CPI (West Coast B/C, Oct/Oct); no minimum/no
maximum
Staff recommends Council ratification of the Agreement,
10(a)
AGENDA REPORT NO. 21
]FOR: City Council 0 August 17, 2010
TO: Gary Crutchfiel i y Manager
FROM: Michael McSh e, City Engineer Regular Mtg.: 09/07110
SUBJECT: Award 20"' Avenue Gateway, Project#10-3-05
1. REFERENCE(S):
1. Vicinity Map
1 Bid Summary
11, ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS:
0417: MOTION: I move to award the low bid for the 20`h Avenue Gateway, Project
#10-3-05 to J&B Construction & Landscaping Company in the
amount of $119,114.00, plus applicable sales tax, and further,
authorise the Mayor to sign the contract documents.
111. FISCAL IMPACT:
Capital improvement fund (budgeted)
IV. HISTORY AND FACTS BRIEF:
A) The Gateways and Corridors Plan, updated in 2009, identified the 20`' Avenue
gateway as the top priority gateway improvement. The 2010 budget included
funds in the Capital improvement Fund to construct the project this year.
B) On July 28, 2010, staff received four (4) bids for the 20"' Avenue Gateway,
Project #10-3-05. The low bid was received from J&B Construction &
Landscaping Company in the amount of$119,114.00. The second lowest bid was
received from Heritage Professional Landscaping in the amount of$179,842.95.
The Engineer's Estimate for the project is $146,174.00.
V. DISCUSSION;
A) This project involves the installation of approximately 2300 square feet of block
wall, 450 plantings, 800 square yards of grass, irrigation system, grading and
other items.
Staff recommends award of the contract to J&B Construction & Landscaping
Company.
1Qtb3
20TH AVENUE GATEWAY
VICINITY MAP
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c,
PROJECT LOCATION _ 1
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City of Pasco
20"' Avenue Gateway
Project No. 10-3-05
July 28, 2010
BID SUMMARY
Total
1. J&B Construction & Landscaping $119,114.00
2. Heritage Professional Landscaping $179,842.95
3. Ray Poland & Sons $229,918.00
4. Jesse's Lawn Maintenance $243;120.00
Engineer's Estimate $146,174.00
AGENDA REPORT NO. 05
FOR: City Council i� September 1, 2010
TO: Gary Crutchfiel - anagcr
FROM: Jess Greenough,+Field Divisions Manager Regular Mtg.: 09/071110
SUBJECT: Award Commercial Avenue Phase 3A, Pipeline, Fittings & Appurtenances,
SR 395 & Foster Wells Road, Project No. 10-2-01
I. REFERENCE(S).
1. Bid Summary
2. Vicinity Map
I1. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
09/07: MOTION: I move to award the low hid for Commercial Avenue Please
3A, Pipeline, Fittings & Appurtenances, SR 395 & Foster
Wells Road, Project 410-2-01 to Ray Poland & Sons, Inc. in
the amount of $55,318.00, plus applicable sales tax, and
further, authorize the Mayor to sign the contract documents.
Ill. FISCAL IMPACT:
Utility Fund
IV. HISTORY AND FACTS BRIEF:
A) This project is part of the Commercial Avenue Phase 3 - Boring SR 395 & Foster
Wells Road project that was bid in April and June of 2010.
B) After bids were rejected in June for the project staff decided it would be more
cost effective to purchase the materials for the project in separate contracts and
then go out to bid for the labor to install the materials.
V. DISCUSSION:
A) On September 1, 2010 staff received two (2) bids for the Commercial Avenue
Phase 3A, Pipeline, Fittings & Appurtenances, SR 395 & Foster Wells Road,
Project#10-2-01. The low bid was received from Ray Poland& Sons, Inc. in the
amount of$55,319.00, plus applicable sales tax. The second bid received was in
the amount of$61,2.18.86, plus applicable sales tax. The Engineer's Estimate for
the project is $57,000.00, plus applicable sales tax.
Staff recommends award of this contract to Ray Poland & Sons, Inc.
10(c)
City of Pasco
Commercial Avenue
Phase 3A
Pipeline, Fittings & Appurtenances
SR 395 & Foster Wells Road
Project No. 10-2-01
September 1, 2010
BID SUMMARY
Total
Engineer's Estimate $57,000.00
1. Ray Poland & Sons, Inc. $55,318.00
2. HD Fowler $61,218.86
COMMERCIAL AVENUE PHASE III A
I
PIPE LINE, FITTINGS & APPURTENANCES i
SR 395 & FOSTER WELLS ROAD
PROJECT #10-2-01
I
EW'IEN WE1.iSW .
6 1
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VICINITY MAP
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