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HomeMy WebLinkAbout2011.03.07 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. March 7, 2011 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: ALl items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated February 22, 2011. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of $1,521,160.59 ($311,335.20 in the form of Electronic Fund Transfer Nos. 5030, 5224, 5248, 5264, 5271, 5286, 5301, and 5303; and $1,209,825.39 consisting of Claim Warrants numbered 181043 through 181225). 2. To approve Payroll Claims in the amount of $1,968,249.20, Voucher Nos. 42311 through 42382; and EFT Deposit Nos. 30042909 through 30043456. (c) Waste Water Treatment Plant Update: 1. Agenda Report from Ahmad Qayoumi,Public Works Director dated February 15, 2011. 2. Consultant Agreement. To approve the Consultant Agreement from HDR Engineering, Inc., authorizing engineering and consulting services with respect to the Waste Water Treatment Plant, not to exceed $57,500 and, further, authorize the Mayor to sign the agreement. *(d) Resolution No. 3308, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Hillsboro Street. i_ Agenda Report from David I. McDonald;City Planner dated March 1, 2011. 2. Vicinity Map. 3. Proposed Resolution. 4. Vacation Petition. To approve Resolution No. 3308, setting 7:00 p.m.,Monday,April 4,2011 as the time and date to conduct a public hearing to consider vacating a portion of Hillsboro Street. *(e) Resolution No. 3309, a Resolution accepting work performed by A&B Asphalt, Inc., under contract for the 2009 Reconstruction of Alley Approaches Phase III,Project No. 07-3-04_ 1. Agenda Report from Ahmad Qayoumi,Public Works Director dated February 23, 2011. 2. Resolution. To approve Resolution No. 3309, accepting the work performed by A&B Asphalt, Inc_, under contract for the 2009 Reconstruction of Alley Approaches Phase III, Project No. 07-3-04. (RC) MnT1nN• T move to apprm,,,e the Consent Agenda as react. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS- OTHER THAN AGENDA ITEMS: (a) (h) (c) Regular Meeting 2 March 7, 2011 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Q*(a) Street Vacation (MF #VAC 2011-001) "C" Street between Blocks 7-10, Owens Addition (Bergevin). 1. Agenda Report from David I.McDonald,City Planner dated March 1, 2011. 2. Vicinity Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. __,an Ordinance vacating a portion of"C" Street in the Owens Addition. MOTION: I move to adopt Orft)anc.e vacating a povioti of-:C"' Street in and adjac;nt to B lock 7 1.1iriou-1i 10, Owc;rjs Addition and. Ctwrthcr, authurrr�c:publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Q*(a) Comprehensive Plan Land Use Map Modification(Appeal)(MF#CPA 10-004). 1. Agenda Report from Jeffrey B.Adams,Associate Planner dated March 1, 2011. 2. Vicinity Map. 3, Proposed Ordinance. 4. Binder containing the Hearing Record (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at ht,p://Www. 2aaco2 aoaov/citvcounciIresorts). CONDUCT A CLOSED RECORD HEARING Ordinance No. , an Ordinance relating to Comprehensive Land Use Planning and Amending the Comprehensive Plan for the City of Pasco. MOTION. 1 move to adopt Ordinance ; approvmg the:Coinprebensive PlaD 1_-ttnd Use Map Amendment from Lover-Derr-sity Residential to Minced Residential for a site loc kited %vest of Charles Avenue, north of Clark Street, and youth of Highland Marl:_ as recoinniended by ilie Planning Comraissinn ancL further, aulliorim publiciition by summary only. *(b) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending the zoning classification of Blocks 9 & 19, Washington Addition from R1' (Residential Transition) to C-1 (Retail Business). I. Agenda Report from Shane O'Neill, Planner l dated March 1, 2011. 2. Vicinity Map. 3. Proposed Rezone Ordinance- 4. Planning Commission Report. 5. Planning Commission Minutes dated 1/20/11 and 2/24/11. MOTION: I move to adopt Ordinance loo., , rezoning the property at the northeast corner of l-[critg4e Rcmolcvard and "A" Street from RT to C-1 as recommended by the Planning Commission and. further, authorifc:publication by 5ummary only.. (c} Ordinance No. , an Ordinance of the City of Pasco amending Pasco Municipal Code Section 9.48.090 Parks Code Weapons. 1, Agenda Report from Rick Teru•-ray, Administrative & Community Services Director dated February 8, 2011, 2. PMC 9.48.090. 3. 12/2/10 Park Board Minute. 4. Proposed Ordinance. MOTION: I movt- co adopt Ordinance No. amcarding PMC C1tiapEor 9.48.09{) regarding cli,charge of weapons in city parks and, further, authorize public itivn by summary only, 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (None) Regular Meeting 3 March 7, 2011 11. MISCELLANEOUS DISCUSSION: (a) (h) (c) 12. EXECUTIVIH SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required Item not previously discussed MF# "Master File #1...." Q Quasi-Judicial Matter REMINDERS: 1, 1:30 p.m., Monday, March 7, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 2, 10:00 a.m., Tuesday, March 8, Senior Center — Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN,Alt.). 3. 11:30 a.m., Tuesday, March 8, 5109 N. Road 68, #E — Grand Opening Ribbon Cutting Event at John L. Scott Real Estate Office. (MAYOR MATT WATKINS) 4. 7:00 p.m., Thursday, March 1.0, Transit Facility — Ben-Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep,; COUNCILMEMBER MIKE GARRISON, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 22, 2011 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor, ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Clary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahrnad Qayoumi, Public Works Director; Denis Austin, Police Chief and Matt Rasmussen, Associate Engineer. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated February 7, 2011. (b) Bills and Communications: To approve General Claims in the amount of$711,765.32 ($4,628.21 in the form of Flectronic Fund Transfer Nos. 4973, 5014, 5015, 5016 and 5062; and $707,137.11 consisting o1"Claim Warrants numbered 180830 through I81042). 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$304,892.88 and, of that amount, authorize $230,724.10 be turned aver for collection. (c) Resolution No. 3307, a Resolution accepting the work performed by Construction Ahead, Inc., (dba Pavement Surface Contrul),under contract for the 2010 Crack Seal Project No. 10-3-01. To approve Resolution No. 3307, accepting the work performed by Construction Ahead, Inc. (dba Pavement Surface Control), under contract for the 2010 Crack Seal Project No. 10-3-01. MOTION: Ms. 1=rancik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Ms. Tiffany McFarland, 4614 Baja Dr., commented on the traffic congestion at Road 68 and Burden Blvd. and would like to see a center turn lane on Burden Blvd. instead of the planting strip. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Yenney reported on the AWC City Legislative Action Conference. Ms. Francik and Mr. Larsen also attended the AWC Conference. Mr. Hoffmann attended the Benton Franklin Council of Governments meeting and discussed the Columbia River Crossing Study. He also reported on the Franklin County Law and Justice Council meeting concerning the financing options for a new jail. Discussion led to consensus that current information should be provided to the City Council. 1 3(a).1 MINUTES REGULAR MF-,ETING PASCO CITY COU'ICIL FEBRUARY 22, 2011 Mayor Watkins assisted with Leadership Tri Cities at the Tri Cities Legislative Council in Olympia. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Alley Vacation (MF #VAC 10-011) North/South Alley Block 118, Pasco Land Company's Addition and Block 2 of Long's First Addition (Cantu). Mr. White explained the details of the proposed vacation. MAYOR WATKINS DGCI,A RFC THE PUBLIC HEARING OPEN TO C'ONS1DER THE PROPOSED VACATION, FOLLOWING THREE CALLS POP, CON-IMF.NTS,EITHER FOR OR AGAINST, AND THERE BEING I\ONE,MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3995, an Ordinance vacating the north/south alley in Block 118, Pasco Land Company's Addition and in Block 2, Long's First Addition. MOTION: Ms. )~rancik moved to adopt Ordinance No. 3995, vacating the north/south alley in Block 118, Pasco Land Company's Addition and in Block 2 of Long's First Addition and, further, authorize publication by summary only. Mr, Martinez seconded, Motion carried unanimously, Street and Alley Vacation (MF #VAC 10-010) Streets and Alleys in and adjacent to Block 7, 9 and 10 Washington Addition (Rowell). Mr, White explained the details of the proposed vacation. MAYOR WATKINS DECLARED TI IE PUt3 x. HEARING OPEN TO CONSIDER THE PROPOSED VACATION. FOLLOWING THREE CALLS FOR COMMENTS, EITI IFR FOR OR AGAINST, AND THERE BEING NONE;, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3996, an Ordinance vacating the streets and alleys in and adjacent to Block 7, 9 and 10 Washington Addition. MOTION: Ms. Francik moved to adopt Ordinance No. 3996, vacating all or a portion of the streets and alleys in and adjacent to Block 7. 9 and 10 Washington Addition and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: Kurtzman Park Local Improvement District (LID) #148: Mr. Yenney recused himself from this issue due to relatives living in the LID area and left the Council Chambers. Council and staff discussed the protest process. MOTION; Mr. Larsen moved to abandon the project. There was no second. Council concurred to continue with the LID process. Mr. Yenney returned to the Council Chambers. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 22, 201 1 2011 PWRF Irrigation Circle Replacement Project No. C3-11-10-WRF: Council and staff discussed the circle replacement. MOTION: Ms. Francik moved to ratify the City Manager's award of the 2011 PWRF Irrigation Circle Replacement Project No. C3-1 I-10-WRF to Valmont Northwest, Inc., in the amount of 595,766.85, including applicable sales tax. Mr, Garrison seconded. Motion carried 6-1, No - Larsen. Staff will provide Council with a memo noting the method of disposal for the existing pivot at the next workshop meeting,. MISCELLANEOUS DISCUSSION: Mayor Watkins thanked Mr. Strebel and Mr. White for their participation in the Leadership Tri-Cities event. EXECUTIVE SESSION: Council adjourned to Executive Session at 7:52 p.m. for approximately 20 minutes to establish sales price or lease amount of real estate and to discuss litigation or potential litigation with the City Manager, City Attorney and Administrative & Community Services Director. Mayor Watkins returned to the Council Chambers at 8:11 p.m, and stated the Executive Session will continue an additional 5 minutes. Mayor Watkins called the meeting back to order at 8:16 p.m, ADJOURNMENT: There being no further business, the meeting was adjourned at 8:16 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 7th day of March, 2011. 3 CITY OF PASCO Council Meeting of: March 7,2011 Accounts Payable Approved The City Council City of Pasco Franklin County,Washington We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the s,prrif,es rendered or the labor performed as described herein and that the claim is a just,due and unpaid obligation a 'nst the city and that we are authorized to authenticate and certify to said dairn. t Gary Crut field, City Ma agar Dunyele Mason, Finance Services Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington,do hereby certify on this 7th day of March, 2011 that the merchandise or services hereinafter specified have been received: Check Numbers from: 181043 In The Amount Of: $1,209,825.39 To Check number: 181225 Electronic Funds Transfer No.s: 5030. 5224, 5248. In The Amount Of: $311,335.20 5264,5271.5286, 5301 and E303 Combined total of 521,150.59 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND: Legislative 753.28 Judicial 5,844.99 Executive 983.39 Police 183,326.73 Fire 8,255.69 Administration&Community Services 65,697.24 Community Development 3,003.33 Engineering 2,103.40 Non-Departmental 19,805.32 Library 92,734.89 TOTAL GENERAL FUND: 382,50816 STREET 5,106.70 ARTERIAL STREET 0.00 STREET OVERLAY 0.00 C.D. BLOCK GRANT 919.53 KING COMMUNITY CENTER 2,029.13 AMBULANCE SERVICE 10,95350 CEMETERY _1,062:57 ATHLETIC PROGRAMS 13,635.74 SENIOR CENTER OPERATING 1,899.15 MULTI MODAL FACILITY 993.69 RIVERSHORE TRAIL&MARINA MAIN 0.00 SPECIAL ASSESSMNT LODGING 13,449.05 LITTER CONTROL 2,520.00 REVOLVING ABATEMENT 15,579,99 TRAC DEVELOPMENT&OPERATING 25587.50 PARKS 0.00 STADIUM/CONVENTION CENTER 8,667.84 GENERAL CAP PROJ CONSTRUCTION 449,958.00 WATER/SEWER 209261_90 EQUIPMENT RENTAL-OPERATING GOVERNMENTAL 30.016.89 EQUIPMENT RENTAL-OPERA'r1NG BUSINESS 2,132.56 EQUIPMENT REN'T'AL-REPLACEMENT GOVERNMENTAL 163.65 EQUIPMENT RENTAL-REPLACEMENT BUSINESS 0.00 MEDICAUDENTAL INSURANCE 219,155.94 CENTRAL STORES 0.00 OLD EIRE PENSION 8,211.97 PAYROLL CLEARING _ 41,715.45 LID CONSTRUCTION 0.00 PUBLIC FACILITIES DIST 27,247.57 TRI CITY ANIMAL CONTROL 48,084.09 SENIOR CENTER ASSOCIATION 80.00 GRAND TOTAL ALL FUNDS; 1,521,160.59 3(b)ol CITY OF PASCO Council Meeting of: Payroll Approval March 7, 2011 The City Council City of Pasco Franklin County, Washington The foIIowi g�s a sum payroll claims against the City of Pasco for the month of February 2011 w ich>!are pre ented In ewith for your review and approval. i Gary Cr�jtchfie d, ager Rick Te ay, Administrative & o munity 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, 42311 through 42382 and EFT deposit No's. 30042909 through 30043456 and City contributions in the aggregate amourt of$1,968,249.20 are approved for payment on this 7th day of March 2011. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 7,600.88 Judicial 77,903.24 Executive 78,695.73 Police 572,815.55 Fire 280,460.38 Administrative & Community Services 228,720.03 Community Development 79,658.46 Engineering 103,175.16 TOTAL GENERAL FUND 1,429,029.43 CITY STREET 46,872.76 BLOCK GRANT 14,717.54 MARTIN LUTHER KING CENTER 6,537.56 AMBULANCE SERVICE FUND 141,742.72 CEMETERY 11,189.65 ATHLETIC FUND 3,945.18 SENIOR CENTER 13,528.97 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 0.00 WATER/SEWER 274,442.67 EQUIPMENT RENTAL- OPERATING 26,242.72 GRAND TOTAL ALL FUNDS $ 1,968,249.20 Payroll Summary Net Payroll 920,767.59 Employee Deductions 557,300.97 Gross Payroll 1,478,068.56 City of Pasco Contributions 490,180.64 Total Payroll $ 1,968,249,20 3(b).2 AGENDA REPORT NO, 1 FOR: City Council February 15,2011 r TO: Gary Crutchfi Manager 1 r FROM: Ahmad Qayoumi, Public Works Director Workshop.: 02/2$/11 Regular Mtg.: 03/07/11 SUBJECT: Waste Water Treatment Plant Update I. REFERENCE(S): 1. Consultant Agreement II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 02/28: Discussion 03/07: MOTION: I move to approve the Consultant Agreement from MDR Engineering, Inc. authorizing engineering and consulting services with respect to the Waste Water Treatment Plant, not to exceed $57,500 and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: A) $57,500; Sewer Utility Account IV, HISTORY AND FACTS BRIEF: A) In June 2010, the City received an approved permit from the Department of Ecology for the Waste Water Treatment Plant located at Gray Street which expires June 15, 2015. The permit contained a condition that the City must complete a Comprehensive Engineering Study for the plant by January 15,2011. The study will enable the City to have a plan for optimization of the plant for operations to meet Department of Ecology (DOE) requirements. B) The past two months of Discharge Monitoring Reports (DMR's) have shown the effluent is exceeding the discharge permit limits. Staff has been working with DOE to address it and this study will accomplish mitigation plans. V. DISCUSSION: HDR will provide the following services: A) HDR will provide a technical memorandum (TM) to assist in satisfying the conditions of the permit. In addition, the TM will focus on an evaluation of the capacity and operations of the existing Waste Water Treatment Plant (Va"WTTP). The capacity will be analyzed using the last 10 years of Discharge Monitoring Reports (DMR's). B) HDR will evaluate the existing operating parameters to investigate the recent total suspended solids (TSS) and biological oxygen demand (BOD) excursions in the W'A'TP effluent, C) Evaluate the recycle loading from solids processing to the liquid stream and assist the City to determine if the meters are within calibration standards. D) Investigate and evaluate the recent digester upset. E) HDR will identify immediate unit process improvements to meet effluent discharge limits. F) HDR will conduct a site visit that will assist in the evaluation and generate a list of potential energy conservation suggestions. G) HDR will recommend process changes to improve the WWTP's operations within the parameters of the existing facility. H) Develop a Facility Plan Chapter outline. 1) Develop a Microsoft Project Schedule for the City's review. 3(c) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and Y lDR Engineering, Inc. hereinafter referred to as the "Consultant". WHEREAS,the City desires to engage the professional services and assistance of a consulting firm to provide engineering and consulting services with respect to the Facility Plant Update. NOW, THEREFORE,in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scone of work. The scope of work shall include all services and material necessary to accomplish the above-mentioned objectives in accordance with Exhibit A with Aaron Meilleur as project manager. 2. Ownmhiap and use of Deliverables. All research, tests,surveys, preliminary data and any and all other Deliverables, as defined in the Scope of Services and prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provide however, that: A. All final reports,presentations and testimony prepared by the Consultant shall become property of the City upon their presentation to and acceptance by the City and shall at that date become public records. S. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant,copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, Deliverables of the consultant, along with a summary of deliverables done to date of default or termination, shall become the property of the City and tender of the Deliverables and summary shall be a prerequisite to final payment under this contract. The summary of done shall be prepared at no additional cost, if the contract is terminated through default by the consultant. If the contract is terminated through convenience by the City, the City agrees to pay consultant for the preparation of the summary of work done. D. CONSULTANT retains ownership of all concepts, general specifications, methodologies, ideas,trade secrets or other "instruments of service". E. Nothing in this paragraph shall constitute or be construed to be any representation by the CONSULTANT that the Deliverable(s) is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by the CITY shall be at the CITY's sole risk and without liability or legal exposure to CONSULTANT. The CONSULTANT does not convey, assign or transfer the intellectual property rights it has in the Deliverable(s)or in the processes CITY OF PASCO PAGE 1 HDR ENGINEERING, INC, FACILITY PLANT UPDATE AGREEMENT XXXXKX11.1 that were developed to create the Deliverable(s) so as to limit CONSULTANT's ability or right to develop, design or provide services or deliverables on other projects of or for its other clients. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for the work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a Time and Material basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $57,700. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3)years after final payment. Copies shall be made available upon request. 4. Time of Performance. The Consultant shall perform the work authorized by thi's Agreement in a timely manner. 5. Hold harmless azreeme©t. In performing the work under this contract, the Consultant agrees to defend the City,their officers,agents, servants and employees (hereinafter individually and collectively referred to as"Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent caused by A. all damages or liability of any character including in part costs, expenses and reasonable attorney fees, directly due to any negligent act, error,or omission of Consultant in connection with the performance of pxofessional seances under this Agreement; and B. all liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and reasonable attorney fees,based to the extend directly due to any negligent act, omission, or occurrence of the Consultant cause by the performance or failure of actions other thm professional services under this Agreement, C. Consultant's indemnification and defense obligation shall be limited to the percentage of fault apportioned to Consultant by a court of law, arbitrator or by mutual agreement between the parties to this Agreement b. General and (professional llah ty insurance. The Consultant shall secure and maintain in full force and effect during performance of all professional services pursuant to this CITY of PASco PAGE 2 HDR ENGINEERING, INC, FACILITY PLANT UPDATE AGREEMENT XXXXXX11,1 contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen(15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color,religion, age, sex, national origin or physical handicap. 8. C nsultant is an indepeadeat contractor. The parties intend that and independent consultant relationship will be created by this Agreement.No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representative and subconsultant during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent consultant, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten(10) days in advance of the effective date of said termination. 11.Inter—ration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time Limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-Assign able. The services to be provided by the consultant shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract,and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, and fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty,the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,the full amount of such fee, commission,percentage, brokerage fee, gift, or contingent fee. CITY OF FIASCO PAGE 3 HDR ENGINEERING, INC. FACILITY PLANT UPDATE AGREEMENT XX)CXXXIt.1 15. Ge e� ral groy! For the purpose of this Agreement, time is of the essence. Should any dispute anise concerning the enforcement,breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs. 16. Standard of Care. The standard of care for all professional engineering, consulting and related services performed or furnished by Consultant and its employees under this Agreement will be the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with Consultant's services 17. Notices. Notices to the City of Pasco shall be sent to the following address: AHMAD QAYOUMI;PE CITY OF PASCO P.O.BOX 293 PASCO,WA 99301 Notices to the Consultant shall be sent to the following address: AARON MEILLEUR, PE HDR ENGINEERING INC 2805 ST ANDREWS LOOP SUITE A PASCO,WA 99301 Receipt of any notice shall be deemed effective three(3) days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS DAY OF , 2011 CITY OF PASCO CONSULTANT: By: By•� - - �_ Miles L. Cross, PE Its Vice President ATTEST: APPROVED AS TO FORM City Clerk City Attorney CITY OF PASCO PAGE 4 HDR ENGINEERING, INC. FACILITY PLANT UPDATE AGREEMENT XXXXXX11.1 EXHMIT A CITY OF PASCO PAGE 5 HDR ENGINEERING, INC. r- ,-.. -M. .-1 I-- A----...-...- vvvvvv M 4 EXHIBIT A SCOPE OF SERVICES FOR ASSISTANCE TO CITY OF PASCO FOR NPDES PERMIT COMPLIANCE BACKGROUND AND OBJEC VES The City of Pasco, Washington has been issued an NPDES Permit on June 29, 2010, effective July 1,2010 and expires June 30, 2015. The City has requested that HDR Engineering, Inc. (Consultant) assist them in negotiating and addressing a reasonable schedule for the submittal of the required Facility Plan update in their most recent NPDES Permit. Scope of Services This scope of services addresses Consultant and related services to assist the City of Pasco with the requirements of their NPDES Permit. The scope of services is organized into the following tasks. • Task Series 100: Project Management and QA/QC • Task Series 200: WWTP Facility Planning Update • Task Series 300: Implementation Assistance 1.0 Task 100 ® Project Management and QA/QC Objectives 1. Meet with City staff to review progress and define City preferences for accomplishing the work outlined in this scope of services. 2. Provide quality assurance/quality control (QA/QC)reviews of the recommendations and project deliverables. Consultant Services 1. Coordinate and manage the Consultant team. Prepare a Project Guide. 2. Communicate and coordinate with the City project team via the City project manager. Attend miscellaneous project management meetings with the City. 3. Provide QA/QC reviews of the recommendations and deliverables. 4. Prepare monthly invoices and project status reports. City Responsibilities 1. Participate in project coordination meetings. Page 1 of 4 2. Respond in a timely manner to issues brought forward in the progress reports and through direct communication with the Consultant. Assumptions 1. The duration for completing the outlined scope of services is anticipated to occur by May 2011. 2. There will be up to 3 status meetings with the City. Deliverables 1. Monthly invoices and project status reports 2. Meeting notes 2.0 'Task Series 200 — 11VWTP Facility Planning Update Objective Provide a technical memorandum to assist the City in satisfying the conditions of the future facility planning effort for evaluation of the capacity of the existing Waste Water Treatment Plant(W WTP). Consultant Services 1. Prepare technical memorandum that evaluates the capacity of the current WWTP configuration using the Envision mass balance model and analyzing the last 10 years of Discharge Monitoring Reports (DMR's). a. Utilize the BioWin Model to evaluate the facilities capacity assuming the initial Envision model has determined there is a secondary capacity issue. b. Based on the review of existing data and the results of the BioWin and Envision Models, determine if the proposed primary clarifier is needed within the next 5 years or can be deferred to a future date. 2. Evaluate existing operating parameters to investigate the recent total suspended solids (TSS) and biological oxygen demand (BOD) excursions in the facilities effluent. 3. Evaluate the recycle loading from solids processing to the liquid stream. Assist the City in determining if the meters on the solids processing return liquid stream; plant influent and plant effluent meters are within calibration standards. 4. Investigate the recent digester upset, including: a. Operational historical parameters b. Digester feed pump controls c. Digester feed flow monitoring 5. Provide recommendations to the City for implementing process changes to improve the facility's operations within the parameters of the existing facility. Page 2 of 4 6. Identify immediate unit process improvements required to meet effluent requirements. 7. During the on-site evaluation, generate a list of potential energy conservation or "green power" suggestions to be considered for inclusion in the facility plan scope of services. City Responsibilities 1. Provide last 10 years of operational data and DMR reports in excel worksheet format. 2. Have wastewater treatment operators accompany Consultant's Operational Specialist while on-site. Assumptions 1. Envision mass balance model will be used to perform the initial analysis. 2. Consultant's Operational Specialist will spend 2 days on-site with City's operations staff reviewing and observing facilities operation. 3. BioWin model analysis will only be implemented should the Envision model indicate that the flows and loading parameters have exceeded the capacity of the facility's activated sludge system, Deliverables 1. Draft technical memorandum, in electronic format, providing the initial design parameters of each unit process,the mass balance capacity of each unit process and the current actual loading of each unit process. 2. Final technical memorandum, as a final pdf and 1 mailed hard copy, incorporating City's comments on the draft technical memorandum. 3. Site Meld visitation report from Consultant's Operational Specialist site visit. 3.0 Task Series 300 — Implementation Assistance Objectives Assist the City in providing the Washington State Department of Ecology an implementation schedule for a Facility Plan pursuant to the WAC Chapter 173-240 requirements. Consultant Services 1. Develop a Facility Plan Chapter outline. 2. Develop a Microsoft Project Schedule for City's review. 3. Meet with the City to develop a realistic schedule for implementation of the facility plan to include and incorporate facility review times and mandated public advertising schedul es. 4. Assist the City in development of a request for proposals (RFP)for a complete and comprehensive Facility Plan to review the flows and loads in the City, to develop a needs assessment for the current facility, and to incorporate an evaluation of the needs for a West Pasco Facility. Page 3 of 4 5. Assist the City in determining the Environmental Review requirements to include in the Facility Plan RFP, including work required to satisfy the SERP process, support permitting efforts, and to qualify for state and federal funding assistance. City Responsibilities 1. Meet with the Consultant to provide input and requirements for the RFP 2. Meet with the Consultant to provide realistic review and advertising times in schedule development Assumptions 1. Consultant will have up to three (3) meetings with the City to receive the City's input of the RFP and schedule process and to document and incorporate the City's review comments. Deliverables 1. Provide an editable electronic version of the Facility Plan Chapter outline in Word format for the City's use 2. Provide an editable electronic version of draft implementation schedule in Microsoft Project format for the City to review 3. Provide an editable electronic version of draft:RFP in Word format for the City to review 4. Provide an editable electronic version of final schedule in Microsoft Project format with the City's review comments and input incorporated 5. Provide an editable electronic version of final RFP in Word format with the City's review comments and input incorporated Page 4 of 4 Compensation Pasco, WA Facility Plant Update PROJECT HOUR AND COST ESTIMATE Labor HOURS FOR EACH TASK Total HDR Labor Rate 1 2 3 Hours Cost Project Principal $67.91 0 0 0 0 $0 Project Manager $61.50 13 10 8 31 $1,907 Senior Engineer $50.50 0 0 0 0 $0 Process Engineer $47.38 0 68 01 68 $3,222 Engineer/E1T $28.50 4 36 4.8 88 $2,508 QC Reviewer $72.10 1 20 10 31 $2,235 Operational Specialist $57.30 0 38 0 38 $2,177 Technical Writer $37.37 0 8 0 8 $299 Senior Process Engineer $92.60 0 20 0 20 $1,852 NPDES Permit Specialist $94.00 0 14 6 , 20 $1,880 Project Controller $26.49 24 0 f} 24 $635 Project Assistant $15.30 10 0 0 10 $153 Total Hours 52 214 72 3.38 $16,868 Subtotal Direct Labor 1,773 11,949 3,145 $16,868 Overhead 175% 3,103 20,911 5,504 $29,518 Total HDR Labor Cost 4,876 32,860 8,649 $46,,386 HDR Expenses 1 2 3 Expenses 91 Miscellaneous-Mail $0 92 Travel $598.80 $2,.109.60 $598.80 $3,307 93 Mapping/Photos/Surveys $0 95 Printing Drawings $0 95 Copying $0 96 Telephone/FAX $0 97 HDR Computers/Software $0 Per Labor Hr. Tech. Charge $3.70 192 792 266 $1,251 Expense Admin(Outside$L 0.0% 0 0 0 $0 Total HDR Expenses 791 2,901 865 $4,558 TOTAL HDR LABOR AND EXP 5,668 . 35,762 9,514 $50,943 SubtotaE Cost by Task 5,668 35,762 9,514 50,943 FEE(%Tot Cost&Fee) @ 14.5% 707 4,765 1,254 6,726 TOTAL ESTIMATED 1 2 3 Total COST AND FEE 6,375 4€1,526 10,768 $ST,6t38 AGENDA REPORT FOR: City Council March 1, 20 1.1 TO: Gary Crutchfie Manager Regular Mtn;.: 3/7/11 Rick White, Community & .conornic Development Director FROM: David 1. McDonald, City Planner SUBJECT: STREET VACATION (MF## VAC 2011-002) Hillsboro between Commercial Avenue and Highway 395 (Bath) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3, Vacation Petition II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 317: MOTION: I move to approve Resolution No, j , setting 7:00 p.m., Monday, April 4, 2011, as the time and date to conduct a public hearing to consider vacating a portion of Hillsboro Street. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The property owner of all lots abutting Hillsboro Street between Commercial Avenue and Highway 395 has petitioned for the vacation of Hillsboro Street adjacent to his property. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing which provides the statutory 20-day hearing notice, is April 4, 2011. 3(d' • Item: Street Vacation - Portion of Hillsbo Vicinity . Applicant: Dayabir Bath x Map File #: VAC IM14NER-ST ..y .--Vt °lam•-' ' - 47 •?''rte , - i* 1 , ,' e ' - Area to be o JIL T_ u , Vacated , . .. t 90' H!'LIS.BQ� 'ST 7709 . ,—= t' • z , 358' � - ; .• . :.?2 , r ro Reference 2 - Proposed Resolution RESOLUTION NO. LTV A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF HILLSBORO STREET. 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 Hillsboro Street between the west line of Commercial Avenue and the east line of Highway 395, 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 pax ., on March 7, 2011. 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 7`'' day of March, 2011. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark., CMC Leland R. Kerr City Clerk City Attorney Vicinity Item: Street Vacation - Portion of Hillsbo Applicant: Dayabir Bath x Map File #: VAC 2011 -002 KA TCHNER ST Area F19 yq t v- o be 0 Vacated 7� C. 90' HILLSBORO ST w I� ass' m � - �� i �L Reference 3 - Vacation Petition FEE $200 CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE # DATE SUBMITTED: I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: APPLICANT: PROPERTY OWNED (Legal Description) Print Name: Sign Name: _ Address: 2 1 .! 1r H 114-5 9 6 RQ Z D , �c o Phone # _ 6 _i de.!aj, Date -r 1 Print Name:-' A Sign Name: Date Print Name: p ;I � �7j'1 302 Z� q q Sign Name: Date Z-g 57-1 AGENDA REPORT NO. 3 FOR: City Council February 23, 2011 TO: Gary Crutchfiek 'i lanager FROM: Ahrnad Qayoumi, Public Works Director Regular Mtg.: 03/07/11 SUBJECT: Accept 2009 Reconstruction of Alley Approaches Phase III, Project#07-3-04 1. REFERENCE(S): 1. Resolution Ii. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 03107: MOTION: I move to approve Resolution No.33D9 accepting the work performed by A&B Asphalt, Inc. under contract for the 2009 Reconstruction of Alley Approaches Phase III, Project 907-3-04. III. FISCAL IMPACT: City Street Fund IV. HISTORY AND FACTS BRIEF: A) On September 8, 2009, Council awarded the 2009 Reconstruction of Alley Approaches Phase III, Project#07-3-04 to A&B Asphalt, Inc. for$76,584.30. V. DISCUSSION: A) The final project cost was $76,584.30. The work is now complete and staff recommends acceptance of this work. 3(e) RESOLUTION NO. A RESOLUTION ACCEPTING WORK PERFORMED BY A&B ASPHALT, INC., UNDER CONTRACT FOR THE 2009 RECONSTRUCTION OF ALLEY APPROACHES PHASE III, PROJECT 407-3-04. WHEREAS, the work performed by A&B Asphalt, Inc,, under contract for the 2009 Reconstruction of Alley Approaches Phase III, Project #07-3-04, 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 A&B Asphalt, Inc., under contract for the 2009 Reconstruction of Alley Approaches Phase 111, Project #07-3-04, 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 March, 2011. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT FOR: City Council March 1, 2011 1 TO: Gary-Crutchfiel , G Regular Mtg.: 3/7/11 Rick White, Community& F.conotnic Development Director, + FROM: David I. McDonald, City Planner ``��"" SUBJECT: STREET VACATION (MF ## VAC 2011-001)"C„ Street between Blocks 7-10 Owens Addition (Bereevin� 1. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC FEARING 317: MOTION-. I move to adopt Ordinance No. , an Ordinance vacating a portion of"C" Street in and adjacent to Block 7 through 10 Owens Addition and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The property owners abutting "C" Street between Blocks 7 through 10, Owens Addition, have petitioned for the vacation of"C" Street abutting their property. B. The City Council set March 7, 2011 as the date to consider the vacation. V. DISCUSSION: A. The portion of"C" Street under consideration for vacation was platted over 120 years ago and has never been developed. B. The proposed street vacation has been reviewed by the City Engineering Department and the utility providers. C. An easement needs to be retained for the power lines that run along the northern half of"C" Strcct. 7(a) Item:Vicinity Street Vacation Portion of Applicant: Bergevin Properties LLC Map File #: VAC 2011 -00 IP lk�11 ol ULS ii 'fa 1., t � .i.•1l �C� I +!�t.r.?°•.� ��' � �'•.y yea 1� .�•+ - Ar .. Reference 2 - Proposed Ordinance WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3"' Ave. Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF "C" STREET JN THE OWE-.NS ADDITION WHEREAS, a qualified petition has been submitted to the City Council requesting the vacation of curtain public right-of-way within the City; and, WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City,the City Council may vacate rights-of-way; and, WHEREAS, all steps and procedures required by law to vacate said rights-of-way have been duly taken and performed; NOW,THEREFORE, THE CITE' COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That "C" Street between Blocks 7, 8, 9, and 10, Owens Addition, as depicted in Exhibit"1"be and the same is hereby vacated subject to the easement retained in Section 2 below. Section 2. That the City shall retain a utility easement and the right to exercise or grant easements with respect to the northern 30 feet of the vacated right-of-way described in Section 1 above, for the construction repair, and maintenance of public utilities and services. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five (5)days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 7°i day of March 2011. Matt 1Al'atkins Mayor ATTEST: APPROVED AS TO FORM: Dchra L. Clark Leland B. Kerr City Clerk City Attorney 1 Exhibit Item• Street Vacation - Portion of "C" St #1 Applicant: Bergevin Properties LLC x File #: VAC 201 1 -001 "A" ST "B" ST Q �-- Area Q Q z Vacated 80' "Col ST � f I40 -331' Q 0� AGENDA REPORT FOR: City Council ) March 1, 2011 TO: Clary Crutchf t anager Regular Mtg.: 3/7/11 Rick White, Community & llconomic Development Director FROM: Jeffrey B. Adams, Associate Planner 1 SUBJECT: COMPREHENSIVE PLAN LAND USE MAP MODIFICATION (APPEAL) (MF# CPA 10-004 1. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance 3. Binder containing the Hearing Record (Council packets only; copy available for public review in the Planning Office, the Pasco Library, or on the City's webpage at lirtT)://www.pasco-wa.;,yov/citycouiicilrel)ort";). 11. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: CONDUCT A CLOSED RECORD HEARING 317: MOTION: I move to approve Ordinance No. approving the Comprehensive Plan Land Use Map Amendment from Low- Density Residential to Mixed Residential for a site located wcst of Charles Avenue, north of CIark Street, and south of Highland Park, as recommended by the Planning Commission, and further, authorize publication by summary only. IIl. FISCAL IMPACT: NONE W. HISTORY AND FACTS BRIEF: A. On December 16, 2010 the Planning Commission held a public hearing to determine whether or not to recommend the Comprehensive Plan Land Use designation for a site located west of Charles Avenue, north of Clark Street, and south of Highland Park be changed from Low-Dcnsity Residential to Mixed Residential. B. Following conduct of the hearing, the Planning Commission reasoned that the site in question is an appropriate location for the proposed Plan amendment. C. Adjoining property owners have filed a written appeal of the Planning Commission recommendation. D. On February 7, 2011 the City Council approved a motion to conduct a closed- record hearing at the March 7, 2011 Council Meeting. V. DISCUSSION: A. Consideration of an appeal occurs in the form of a "Closed Record Hearing" consisting of the written record of the Comprehensive Plan Land Use designation application, including testimony and the Planning Commission's deliberations. B. At the conclusion of the Closed Record Hearing the City Council !oust take one of the following actions: 1. Approve the Comprehensive Plan Land Use Amendment; 2. Deny the Comprehensive Plan land Use Amendment; or 3. Remand to the Planning Commission with directions to consider specific issues. C. Should the Council decide to deny the amendment, this item should be tabled until the next regular meeting to allow time to prepare appropriate findings of fact to support a motion for denial. S(a) Item: Comprehensive Plan Amendment Vicinity Applicant: Beacon Development . Map File #: CPA 10-004 % Orr Ij- Ij Woo jr At -1 CIA LWA dot Lan tie � 't a s:A7S' Z i.'/� ' , ,��,3.w-.= ..,: .: .wrw+.• �..•.. . Reference 2 - Proposed Ordinance ORDINANCE NO. AN ORDINANCE RELATING TO COMPREHENSIVE LAND USE PLANNING AND AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OP PASCO. WHEREAS, the Pasco City Council did on September 2, 2008 adopt by Ordinance No. 3866 a Comprehensive Plan for the City; and, WHEREAS, the Comprehensive Plan adopted under Ordinance No. 3866 fulfilled State requirements under the Growth Management Act; and, WHEREAS, the Growth Management Act permits the City's Comprehensive Plan to be reviewed and updated not more than once per year; and, WHEREAS, on December 16, 2010 the Planning Commission held a public hearing to receive input on a proposed change for the Comprehensive Plan Land Use Map from Low- Density Residential to Mixed Residential at the corner of Charles Ave and Clark St; and, WHEREAS, following the December 16, 2010 hearing the Planning Commission deliberated on January 20, 2011 and recommended the Comprehensive Plan be amended; and, WHEREAS. the City Council finds the Planning Commission's recommendation will aid the City in anticipating orderly and coordinated development within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section I. That Ordinance No. 3866 be and the same is hereby amended to show changes in the Land Use Map of the Comprehensive Plan as indicated in Exhibit "1" attached hereto. Section 2. This ordinance shall be in full force and effect after passage and publication as required by law. PASSED by the City Council of the City of Pasco, this Vh day of March, 2011. Matt Watkins,Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney 1 Exhibit Item: Comprehensive Plan Amendment#1 Applicant: Beacon Development File #: CPA 10-004 \ BROADWAY-BL-VD Proposed Land Use 'T Parks/ ROPO�p,� ~� vj Open Commercial Space ADELIA Low-Density SITE SY Residential EORGE w .......... ■ S� Q w w = Q �ONNEV ' ;\` w w 'Industrial ��-� z �m 3 m GyO yO Z 9� ALVINA ST i� Mixed 74 =�� \ _Residential �► LEWIS ST AGENDA REPORT FOR: City Council March 1, 2011 TO: Gary Crutchfiel - _it anager Regular Mtg.: 3/7/11 Rick White, Community & Ec n mic Development Director/` `l FROM: Shane O'Neill, Planner. I SUBJECT: REZONE — RT (Residential Transition) to C-1 (Retail Business) (Howard Rowell) NFri Z 10-0040 1. REFERENCE(S): 1. Vicinity Map 2. Proposed Rezone Ordinance 3. Planning Commission Report 4. Planning Commission Minutes: Dated 1/20/11 & 2124111 II. ACTION REQUESTED OF COUNCIL/STAFF RECONIMENDATIONS: 317: MOTION: I move to adopt Ordinance No. an Ordinance rezoning the property at the northeast corner of Heritage Boulevard and "A" Street from RT to C-l 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 January 20, 2011 the Planning Commission conducted a public hearing to determine whether or not to recomniertd a rezone from RT (Residential Transition) to C-1 (Retail Business) for the property located at the northeast corner of Heritage Boulevard and "A" 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) t I '• ' O i Y F I F • T fill- 'k kka Reference 2 - Proposed Ordinance ORDLNANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF BLOCKS 9 & 19, WASHINGTON ADDITION FROM RT(RESIDENTIAL TRANSITION)TO C-1 (RETAIL BUSINESS). WHEREAS,a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition;and, WHEREAS,that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification, 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 RT (Residential Transition) to C-1 (Retail Business) for the real property as shown in the Exhibit "1" attached hereto and described as follows: Blocks 9& 19, Washington Addition 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 this 7"day of March, 2011. Matt Watkins,Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B.Kezar,City Attorney Item : Rezone (RT to C- 1 ) Exhibit # 1 Applicant: Howard Rowell . N File # : Z 10-004 � -�o -emu . _ _ --� DD C'� OCI SITE MI LUIE Reference 3 - Planning Commission Report REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 10-004 APPLICANT: Howard Rowell HEARING DATE: 1/20/2011 4709 Hilltop Drive ACTION DATE: 2/17/2011 Pasco, WA 99301 BACKGROUND REQUEST: REZONE Rezone four parcels from RT (Residential Transition) to C-1 (Retail Business 1. PROPERTY DESCRIPTION: Legal: Blocks 9 8s 19, Washington Addition General Location: Northeast corner of"A" Street and Heritage Boulevard Property Size: 243,600 square feet or 5.6 acres 2. ACCESS: The property has access from "A" Street, and Heritage Boulevard. 3. UTILITIES: All municipal utilities currently serve the site. 4. LAND USE AND ZONING: The subject property is currently zoned RT (Residential Transition) and contains a single-family residence with accessory structures which the property owner has slated for demolition. Surrounding properties are zoned and developed as follows: NORTH R-1-A - Vacant SOUTH 1-1 - Vacant EAST RT - Vacant lots Residential dwellings WEST C-1 8s R-1-A - Vacant lots Residential dwellings 5. COMPREHENSIVE PLAN: The Plan designates this site for Mixed Residential/Commercial uses. The proposed zone change would allow uses that would be consistent with the Plan. 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 site is comprised of four adjacent parcels totaling approximately 5.6 acres located at the northeast corner of Heritage Boulevard and "A" Street. Platted rights-of-way and alleys currently divide the site into ten pieces. The total area used in this report assumes rights-of-way and alleys will be vacated prior to site development. The applicant, Howard Ro��ell, has applied to rezone the property from RT (Residential Transition) to C-1 (Retail Business) in order to develop the site with commercial business(es). The RT zone is commonly described as a "holding zone" and is assigned to lands for which municipal sewer and water services are unavailable. Once municipal sewer and water services become available, the zoning is converted, via application, to a zoning designation most consistent with the Comprehensive Plan. Establishing C-1 zoning on the site would appear, on. the zoning map, as a continuation of the existing C-1 zoning along "A" Street to the west. Developing the site with regularly permitted retail businesses would serve as a physical buffer between the residences to the north and the industrially zoned land to the south. Examples of permitted uses in the C-1 zone are: restaurants, banks, retail sales and service stores, hotels and motels, etc. The initial revieR7 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 when the property was annexed in 1994. 2. The changed conditions, which are alleged to warrant other or additional zoning: The Heritage Boulevard connection with "A" Street was completed in 2007 along with utility extensions that were part of the Sunrise Estates development to the west. The large tracts of Sunrise .Estates fronting "A" Street to the west were rezoned from R-T to C-1 in 2005. "A" Street was improved to arterial street standards in 2010. The "A" Street improvements also included installation of water and sewer lines along the frontage of the subject property. In addition to the recent infrastructure improvements near the site, the City, Port and property owner have been working together in an effort to establish the Heritage Industrial Center along the south. side of "A" Street directly south of the subject property. Similarly, the Tierra Vida development to the east involved a rezone to C-1 for those properties fronting "A" Street. 2 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Recent development of the Tierra Vida and Sunrise Estates residential subdivisions directly to the east and west of the site has presented the opportunity to sustain some general retail businesses. Both Tierra Vida and Sunrise Estates are similarly configured with commercially zoned lots along "A" Street and residences to the north. Approval of this application would create consistency along "A" Street between the two subdivisions; thereby advancing the general welfare of the community. Additionally, rezoning the site to C-1 will allow the establishment of a less intense buffer area between the industrially zoned Heritage Industrial Center to the south and future uses to the north. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: The proposal is supported by the land use designation of the Comprehensive Plan. Rezoning the property to C-1 will create a buffer between the more intense industrial area to the south and less intense future uses to the north. 5. The effect on the property owner or owners if the request is not granted: The property owner purchased the property based on the Compressive Plan designation which suggests commercial uses could be developed on the property. Developing the property under the RT zone is not cost effective and is inconsistent with the Comprehensive Plan. 6. The Comprehensive Plan land use designation for the property: The Comprehensive Plan shows the site to be designated for Mixed Residential/Commercial uses. The Mixed Residential/Commercial band Use Designation permits rezones to residential (RS-20, RS-12, RS-1 and R-1 thru R-3) and/or commercial (C-1 and «Q"). 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 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 comprised of four parcels. 3. The Comprehensive Plan designates the site for Mined Residential/ Commercial uses. 4. The site is zoned RT (Residential Transition). 5. The site is approximately 243,600 square feet or 5.6 acres. 6. The site is located in the Washington Addition which was platted approximately 100 years ago. 3 7. The Washington Addition has never been improved with street and utilities and is largely undeveloped 8. The site is located at the intersection of "A" Street and Heritage Boulevard. 9. "A" Street and Heritage Boulevard are major streets. 10. The Comprehensive Plan (LU-4-A) encourages the development of commercial land uses near the intersections of major streets. 11. Property owners along East "A" Street participated in support of recent utility extensions and street improvements through an LID. 12. Properties to the east and west along the north side of East "A" Street have been rezoned to C-1 within the last five (Sunrise Estates) to seven (Tierra Vida) years. 13. The site contains a single family residence and accessory structures. The property owner has been issued a demolition permit and is in the process of removing all structures and debris from the site. 14. The property to the south is zoned 1-1. 15. The City, property owner and Port of Pasco are working jointly to establish the Heritage Industrial Center on the south side of East A" Street. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the Planning Commission must develop its conclusions from. the findings of fact based upon the criteria listed in P.M.C. 25.88.060 and determine whether or not_ 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The Comprehensive PIan designates this site for Mixed Residential/Commercial uses. The Comprehensive Plan (policy ED-2-A) encourages a wide range of commercial uses strategically Iocated to support local and regional needs. Policy LU-4-A encourages the location of commercial businesses at major street intersections. The site is located at the intersection of a minor arterial and a major- collector which qualifies the site to be supported by Policy LU-4-A. The proposed rezone is supported by both the goals and land use map of the Comprehensive Plan. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The proposal should have a positive effect on the neighborhood by providing a retail services area for nearby residential neighborhoods and by providing a buffer between future industrial development to the south and future development to the north. The C-1 zone is designed to include uses based on their compatibility with potentially nearby residences. The proposal has potential 4 to foster development of the neighborhood and to provide needed services. It is unlikely the proposal will be a detriment to the community. 3. There is merit and value in the proposal for the community as a whole. Rezoning the site to C-1 will allow greater ease for utilization of the site under its current condition considering the surrounding uses. Retail businesses located in close proximity to residential neighborhoods have the potential to offer needed goods and services. There is merit and value because the proposal supports the Comprehensive Plan and provides a buffer between industrial and residential uses. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The site is at the intersection of two major streets and rezoning to C-1 is consistent with the Comprehensive Plan. The proposal may lead to opportunities for the development of needed neighborhood services and it will assist with the creation of a transition buffer between industrial activities to the south. As a result there is no need for conditions. 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 in conjunction with this application. RECOMMENDATION MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the February 17, 2011 staff report. MOTION for Recommendation: Y move based on the Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council rezone the site from RT (Residential Transition) to C-1 (Retail Business). 5 ?w OL low r o © VP ;4A , Land Use Item: Rezone (RT to C- 1 ) Applicant: Howard Rowell -E'N . Map File #: Z 10-004 `" " _ VacantD1 SFR s 7-� I I LISPELL CT SFRs � IJ'� IJ _li "=�� bra UTTE LVacant I :SIT FRS ��I�`- Vacant sj JI,— TvAt# ST Vacant Zoning item: Rezone (RT to C- 1 ) Applicant: Howard Rowell N Map File # : Z 10-004 L-JI 1 R=2 Z 0 'NA ST <f -RT IRA rl I F] Ca LISPELL CT Rwl w FF P ZC` UTTE CT C-3 C-1 TLJ R-2 °. Iml ( Light Industrial) 1 Reference 4- Planning Commission Minutes dated 1/20/2011 PLANNING COMMISSION MINUTES SECTION January 20, 2011 MF# Z 10-004 A. Rezone Rezone four parcels from Reside_ntial Transition to C-1 (Retail Business) Zone (Northeast corner of "A" Street and Heritage Boulevard) (Howard Rowell (MF# Z 10-0041 Vice Chairwoman Kempf read the master file number and asked for comments from staff. Mr. O'Neill stated this application is to rezone the site from R-T to C-1. This area would provide a buffer between residential uses to the north and industrial zones to the south. Permitted uses in C-1 zones include restaurants, banks, retail stores, hotel and motels, etc. Uses permitted in the C-1 zone are intended to provide services to the surrounding residential neighborhoods. Vice-Chairwoman Kempf asked if gas stations were also included in C-1 zoning. Mr. O'Neill stated yes. Howard Rowell, 4709 Hilltop Drive, Pasco, WA 99301 stated the property is being cleaned up and has been an eyesore for many years. He requested the rezone so he could proceed to the next level of development. The southwest corner of the site would be an ideal location for a gas station with mini-mart. At the current time the fire department is using the vacant house for training purposes and it will be demolished soon. Vice-Chairwoman Kempf called for further public- comment; after three calls and no response the hearing was closed. 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 February 17, 2011 meeting. The motion passed unanimously. Reference 4 - Planning Commission Minutes dated 2/24/2011 PLANNING COMMISSION MINUTES SECTION February 24, 2011 MF# Z 10-004 A. Rezone Rezone four parcels from RT (Residential Transition) to C-1 (Retail Business) Zone (Northeast corner of "A" Street and Heritage Boulevard) (Howard Rowell) (MF# Z 10-004) Chairman Cruz read the master file number and asked for comments from staff_ Shane O'Neill, Planner 1, had no further comments. Commissioner Greenaway rnoved, seconded by Commissioner Kempf, to adopt the Findings of Fact and Conclusions therefrom as contained in the February 17, 2011 staff report. The motion passed unanimously. Commissioner Greenaway further moved, seconded by Commissioner Kempf; based on the Findings of Fact therefrom the Planning Commission recommend the City Council rezone the site from RT (Residential Transition) to C-1 (Retail Business). The motion passed unanimously. AGENDA REPORT FOR: City Council February 8, 2011 TO: Gary Crutchfi i Manager Workshop Mtg.: 2/28/2011 Regular Mtg.: 3/7/2011 FROM: Rick Terway, ireetor, Ac�cCS, SUBJECT: Weapons in Parks I. REFERENCE(S): 1. PMC 9.48.090 2. 12/2/2010 Park Board Minutes 3. Proposed Ordinance H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 42/28: Discussion 03/7: MOTION: I move to adopt Ordinance No. amending PMC Chapter 9.48.090, regarding discharge of weapons in city parks, and, further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A) RCW 9.41.290 preempts a city's authority to enact local laws that prohibit possession of firearms on city property or in city-owned facilities. B) RCW 9.41.300 states - Restricting the discharge of firearms in any portion of their respective jurisdiction where there is a reasonable likelihood that humans, domestic animal, or property will be jeopardized. Such laws and ordinance shall not abridge the right of the individual guaranteed by Article 1, section 24 of the state Constitution to bear arms in defense of self or others. V. DISCUSSION: A) This is simply a housekeeping change to bring the Pasco Municipal Code in compliance with state law. The Parks and Recreation Advisory Council discussed the proposed amendment and recommended approval at their December 2,2010 meeting. B) The proposed new language broadens the definition of `weapons' and replaces the word `possess' with `discharge'. Our signage has always stated it is illegal to discharge weapons in the park and will remain the same. S(c) B) No person shall place, erect, or maintain any structure or obstruction of any kind on park property. C) It is unlawful for any person other than a duly authorized employee of the City of Pasco to do any of the following acts without the written permission of the Director; 1) No person shall intentionally, knowingly, recklessly or with criminal negligence abandon a domesticated animal in a park. 2) No person shall mow, prune, cut, clear, plant on or otherwise alter or disturb any park property or planting. D) Violation of any of the provisions of this section constitutes a misdemeanor. (Ord. 3616 Sec. 1, 2003.) 9.48.080 ANIMALS. A) It is unlawful for any person to ride a horse or other beast of burden upon any park property unless specifically designated for such or without specific permission of the Director. B) It is unlawful for any person to allow or permit any animal to be at large in any park, except dog guides or service animals, as defined in Chapter 70.84 RCW (White Cane Law), or those animals used by a law enforcement officer; provided, that except in areas in which animals are prohibited, animals are permitted in a park if on a leash not greater than ten feet in length, or otherwise securely caged or securely restrained. C) The Director may ban dogs and other pets from areas of any park where the Director determines it appropriate. D) Any person with any animal in his or her possession in any park shall be responsible for the conduct of the animal and shall not allow the animal to bite or otherwise molest or annoy other park visitors. E) Any person with an animal in his or her possession in any park shall carry equipment for removing fecal matter, and shall collect and place fecal matter deposited by such animal in an appropriate receptacle. F) Notwithstanding subsection A of this section, the Director may designate certain areas in parks as allowing dogs and/or other pets to be off leash. G) Violation of any of the provisions of this secdon constitutes an infraction. (Ord. 3616 Sec. 1, 2003.) 9.48.090 WEAPONS. It is unlawful to possess any firearm, air gun, bow and arrow, B.B. gun or use any slingshot in any park,; provided, this section shall not apply to law enforcement personnel or to recreation division employees and persons involved in City sponsored recreation activities acting and in accordance with City rules and regulations. Violation of any of the previsions of this section is a misdemeanor. (Ord. 3616 Sec. 1, 2003.) 9.48.100 FEEDING ANIMALS. It is unlawful in any manner to feed any fowl, farm animals or wildlife, except at areas designated by the Director for such purposes. PMC Title 9 3/1/2010 56 PARK & RECREATION ADVISORY COUNCIL MINUTES December 2, 2010 In attendance: Cheryl Smith Edmon Daniels Michael Mathews Abigail Kidd Duane Taber Tom Davenport Staff: Rick Terway, Director, A&CS, Dan Dotta, Facilities Manager and Carleen Hanscom, Recreation Services Manager. Meeting was called to order at 5:30 p.m. Minutes of the 11/4/2010 meeting were approved unanimously. Weapons in Parks Rick Terway presented info regarding a proposed amendment to the Park Code stating weapons may not be displayed or discharged in City Parks to come into compliance with state law. The following is suggested: "It is unlawful for any person to discharge a firearm in, across or into any park, or to display, discharge or propel across, in, or into any park any weapon capable of injuring or killing any person or animal, or damaging or destroying any public or private property; provided, this section shall not apply to law enforcement personnel or to recreation division employees and persons involved in City sponsored recreation activities acting and in accordance with City rules and regulations. Violation of any of the provision of this section is a misdemeanor." Board discussed state law and the possible effect of the amendment_ MOTION Cheryl Smyth moved to approve recommending the proposed amendment to the Park Cade stating weapons may not be displayed or discharged In City Parks. Mike Mathews seconded_ Motion carried unanimously. Trail Access through Chiawana Park Rick Terway presented info proposing paving an existing dirt trail to access the bike path in Chiawana Park because the man gate at the west end of the park is locked due to winter closure of park. ORDINANCE NO AN ORDINANCE of the City of Pasco, amending Pasco Municipal Code Section 9.48.090 Parks Code - Weapons. WHEREAS,the City Council of the City of Pasco has determined it is necessary to amend Section 9.48.090 to comply with RCW 9.41.290 NOW,THEREFORE, The City Council of the City of Pasco, Washington, Does Ordain as Follows: Section 1. PMC 9.48.090 WEAPONS. It is unlawful for any Nnon to possess discharge any firearm;air guru,bm inl across or into any park; or Ig display, discharge or� el acros§.in. or into arnypgk any other weaWri caN- ble of iaxiurin6, or killing an person or animal- or damaging or dQ51MjW any ublic or_nrivate proyerty�Lprovided, this section shall not apply to law enforcement personnel or to recreation division employees and persons involved in City sponsored recreation activities acting and in accordance with City rules and regulations. Violation of any of the provisions of this section is a misdemeanor. Section 2. This ordinance shall take effect five(5) days after its passage and publication as required by law. PASSED by the City Council of the City of Pasco at a regular meeting the day of -2011. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney