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HomeMy WebLinkAbout2010.02.01 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. February 1,2010 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 January 19, 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 $939,917.35 ($10,054.78 in the form of Electronic Fund Transfer No. 1010; $31,382.17 consisting of Claim Warrant numbered 175259; and $898,480.40 consisting of Claim Warrants numbered 175261 through 175336). (2009 EXPENSES) 2. To approve General Claims in the amount of $1,209,998.67 ($117,664.36 in the form of Wire Transfer Nos. 5395 and 5399; $605,700.00 in the form of Electronic Fund Transfer No. 1011; 54,245.36 consisting of Claim Warrant numbered 175260; and $482,388.95 consisting of Claim Warrants numbered 175337 through 175477). (20 10 EXPENSES) 3. To approve Payroll Claims in the amount of $1,807,319.09, Voucher Nos. 40649 through 40721; and EFT Deposit Nos. 30035192 through 30035731. (c) Bridge Study MOU: 1. Agenda Report from Gary Crutchfield, City Manager dated January 20,2010. 2. Cost Allocation. 3. Proposed Memorandum of Understanding with BFCG. 4. Request for Proposals. To approve the Memorandum of Understanding with the Benton Franklin Council of Governments for the Columbia River Crossing Study and, further, authorize the City Manager to sign the MOU. *(d) Final Plat(MF#FP09-007)Reilynn Park(Aho Construction): 1. Agenda Report from David 1.McDonald,City Planner dated January 27,20 1.0. 2. Overview Map. 3. Vicinity Map. 4. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's wehpage at htLp://www.--Pasco- wa.Rov/Reneralinfo/citycouncilre,00rts). To approve the Final Plat for Reilynn Park. (e) Resolution No. 3213, a Resolution conditionally granting the Sewer Utility Waiver requested by Dwight Leavitt. 1. Agenda Report from Michael McShane, City Engineer dated January 7, 2010. 2. Resolution. 3. Vicinity Map. 4. Petition for Utility Service Waiver. 5. Utility Service Waiver Agreement. 6. Sewer Fee Estimate. To approve Resolution No. 3213, conditionally granting the sewer utility waiver request by Dwight Leavitt. (RQ WOTION: I move to approve the Consent Agenda a�; read. Regular Meeting 2 February 1,2010 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS- OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (h) (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 of the City of Pasco, Washington, amending the Zoning Classification of the northwest quarter of the northeast quarter of Section 10, Township 9 North, Range 29 East, W.M. from R-S-1 (Suburban) to R-1 (Low Density Residential) with a Concomitant Agreement. I. Agenda Report from Shane O'Neill, Planner I dated January 27, 2010. 2. Vicinity Map. 3. Proposed Rezone Ordinance. 4. Planning Commission Report. 5. Planning Commission Minutes dated 12/17/09 and 1/21/10. MOTION: I rnove to adopt Ordinance No. . an Ordinance establishing R-1 Zoning to a 40-acre parcel at the soinheast curnLr of Power Line Road and Road fief) as recomniended by the Planning Commission and. t'urther, to authorize publication only. Q*(b) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a classroom and locker room addition at Pasco High School. 1. Agenda Report from Shane O'Neill, Planner l dated January 28,2010. 2. Vicinity Map. 3. Proposed Resolution. 4. Planning Commission Report. 5. Planning Commission Minutes dated 12/17/09 and 1/21/10. MOTION: I move to approve Resolution No. , approving the Special Pertnit fot the cNssrocna and locker room addition to Pasco High School. 9. UNFINISHED BUSINESS: (None) 10. NEW.BUSINESS: Q*(a) Special Permit (Appeal MF #SP09-008): Location of a Preschool in an R-S-20 Zone (Faith Assembly Imagination Studios): I. Agenda Report from Shane O'Neill, Planner I dated January 26, 2010. 2. Vicinity Map. 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 http://www.i)asco-wa.j4ov/aeneratinfo/citycouncilreports). CONDUCT A CLOSED RECORD HEARING MOTION; I move to reninntl thc. aplx.:A1 iaJ' Mlu 4 P09-008 to lhe Planning Commission to cojisidcr dire traffic impacts of the estimated truanber of students, any applicable 1 imilaticna oai Abe number of staaderits oi,Kohuoi op crations and to develop findings of fact as appropriate. Regular Meeting 3 February 1, 2010 (b) Lewis Street Land Acquisition/Relocation Services: 1. Agenda Report from Robert J. Alberts, Public Works Dircetor dated January 6, 2010. 2. Vicinity Map, 3. Agreement. MOTION: I move to accept the agreemcnl from IJDR F.tkgirnccring liar the land acquisition and relocation services for the f e.wis St.rract Ovurpw;s projoc-t. (c) Arraignment Defense Counsel: 1, Agenda Report from Stan Strebel, Deputy City Manager dated January 27, 2010. 2. Memo from Lee Kerr. 3. Draft Arraignment Counsel Agreement. MOTION: I move to autluoriy.e [lit City Manager to enter into a contract for Arraignment i.)Qfrznwe ScTvicc;,, on. ten's most favorable to the City anti„ further, authoi,ize the cost to be included in the 2010 y�,ar-crid supjflo:ri)ental b fidget. *(d) Process Water Reuse Facility Irrigation Pivot: 1. Agenda Report from Reuel Klempel, Plant Division Manager dated January 27, 2010. 2. Vicinity Map. (SIC) MOTION; l move to award the loin bid for the Process Water Ruuso Facility I igation Divot, Project No_ 30-7-01 to Valmont Northwest in the amount of$95,746.00 plus applicable sales tax Mid, 6arther,.authorize the Mayor to sign the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (C) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter REMINDERS: 1. 1:30 p.m., Monday, February 1, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 2, 12:00 p.m., Wednesday, February 3, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 3. 7:00 p.m., Wednesday, February 3, City Fall Council Chambers — "Business Interests" Community Forum. 4. 5:30 p.m.. Thursday, February 4, Parks & Rec. Classroom — Parks & Recreation Advisory Council Meeting. (COLNCILMEMBER REBECCA FRANCIK,Rep.; MIKE GARRISON,Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 19, 2010 CALL TO ORDER The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Tom Larsen, Joyce Olson, Matt Watkins and Al Yenney. Absent: Robert Hoffmann. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Bob Alberts, Public Works Director; Denis Austin, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated January 4, 2010. (b) Bills and Communications: To approve General Claims in the amount of$1,146,939.50 ($26,113.23 in the form of Wire Transfer No. 5385; and $1,120,826.27 consisting of Claim Warranty numbered 175044 through 175208). (2009 EXPENSES) To approve General Claims in the amount of$619,949.73 ($41,632.42 in the form of Wire Transfer No. 5391; and $578,317.31 consisting of Claim Warrants numbered 175209 through 175258). (2010 EXPENSES) 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$248,060.91 and, of that amount, authorize $175,605.52 be turned over for collection. (c) Federal Legislative Consulting Agreement: To approve the agreement with Gordon Thomas Honeywell Governmental Affairs for federal legislative consultant senrices and, further, authorize the City Manager to sign the agreement. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mayor Olson recorded the Monthly Mayor's Report on KONA radio, attended the first Community Forum on January 121 and reported on the Benton-Franklin Council of Governments Executive Board Meeting. Mr. Yenney attended the January 12`11 Community Forum and noted the second forum is tomorrow at 7 p.m. Mr. Watkins recorded a public service announcement about the progress of the Regional Centers Oversight Committee and with Mr. Garrison attended the Emergency Dispatch Committee meeting, Mr. Larsen attended the Community Forum on January 12th. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 19, 2010 ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Resolution No. 3212, a Resolution confirming Mayoral appointments of Councilmembers to various Boards and Committees. MOTION: Mr. Watkins moved to approve Resolution No. 3212, confirming Mayoral appointments to various Boards and Committees. Mr. Garrison seconded. Motion carried 5-1. No —Larsen. NEW BUSINESS: Potential Land Exchange with DNR: MOTION: Mr. Watkins moved to approve the letter of intent with the Washington State Department of Natural Resources and, further, authorize the Mayor to sign the agreement. Mr. Garrison seconded. Motion carried 5-1. No — Larsen. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:18 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this I" day of February, 2010. 2 CITY OF PASCO Council Meeting of: February 1,2010 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We, the undersigned,do hereby certify under penalty of perjury that the materials have been furnished, the services req^e d or th or performed as described herein and that the cl im is a just, due and unpaid obligation ga' st t city a That we are authorized to authenticate ce fy to aim Gary Cr chf , ger Rick Tway Director Administrative & Co unity Services 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 Electronic Fund Transfer No. 1010 in the amount of$10,054.78, has been authorized;that Check No. 175259 in the amount of $31,382.17, has been authorized; that Check No's. 175261 through 175336 are approved for payment in the amount of$898,480.40, for a combined total of$939,917.35 on this 1 st day of February, 2010. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND; Legislative 2,541.65 Judicial 901.80 Executive 3,530.18 Police 15,424.05 Fire 12,084.70 Administration& Community Services 22,699.15 Community Development 1,784.79 Engineering 2,812.96 Non-Departmental 15,680.06 Library 1,169.32 TOTAL GENERAL FUND: 78,648.66 STREET 170,486.70 C. D. BLOCK GRANT 110,978.68 KING COMMUNITY CENTER 1,078.32 AMBULANCE SERVICE 6,635.02 CEMETERY 1,338.89 ATHLETIC PROGRAMS 391,31 SENIOR CENTER 1,656.43 MULTI MODAL FACILITY 1,416.75 RIVERSHORE TRAIL&MARINA MAIN 139.54 LITTER CONTROL 1,680.65 REVOLVING ABATEMENT 24.09 PARKS FUND 0.00 TRAC REVEL& OPERATING 0.00 STADIUM/CONVENTION CENTER 46.52 SPECIAL ASSESSMNT LODGING 0.00 GENERAL CONSTRUCTION 226,422.07 WATER/SEWER 172,713.61 EQUIPMENT RENTAL-OPERATING 685.76 EQUIPMENT RENTAL-REPLACEMENT 0.00 MEDICAL/DENTAL INSURANCE 0.00 CENTRAL STORES 0.00 PUBLIC FACILITIES DIST 0.00 PAYROLL CLEARING 0.00 LID CONSTRUCTION 155,878.86 TRI CITY ANIMAL CONTROL 9,695.49 GRAND TOTAL ALL FUNDS: $ 939.,917.35 2009 EXPENSES 3(b).1 CITY OF PASCO Council Meeting of: Februag 1 2010 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We,the u ersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services a ere bor performed as described herein and that the claim is a just, due and unpaid obligati gain t the city nd that we are authorized to authenticate an certi o idPtWrTT7 u/GU Gary rut eldV_7 eager Rick Teniray Director Administrative&Community Services 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 5395 and 5399 in the amount of$117,664.36, have been authorized; that Electronic Fund Transfer No. 1011 in the amount of$605,700.00, has been authorized;that Check No. 175260 in the amount of$4,245.36, has been authorized;that Check No's 175337 through 175477 are approved for payment in the amount of $482,388.95,for a combined total of$1,209,998.67 on this 1 st day of February,2010. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 1,983.54 Judicial 4,293.15 Executive 192.55 Police 23,251.62 Fire 1,227.26 Administration &Community Services 25,465.02 Community Development 1,388.58 Engineering 1,754.68 Non-Departmental 45,702.24 Library 100,923.31 TOTAL GENERAL FUND: 206,181.95 STREET 7,612.85 C. D. BLOCK GRANT 105.54 KING COMMUNITY CENTER 112.42 AMBULANCE SERVICE 31714.74 CEMETERY 3,520.92 ATHLETIC PROGRAMS 952.75 SENIOR CENTER 850.40 MULTI MODAL FACILITY 2,0$5.10 RIVERSHORE TRAIL& MARINA MAIN 0.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 622.00 PARKS FUND 0.00 TRAC DEVEL& OPERATING 17,206.00 STADIUM/CONVENTION CENTER 7,397.94 SPECIAL ASSESSMNT LODGING 0.00 GENERAL CONSTRUCTION 605,700.00 WATE RISE W E R 93,306.40 EQUIPMENT RENTAL-OPERATING 22,797.73 EQUIPMENT RENTAL-REPLACEMENT 0.00 MEDICALIDENTAL INSURANCE 147,886.98 CENTRAL STORES 98.94 PUBLIC FACILITIES DIST 0.00 PAYROLL CLEARING 43,699.01 LID CONSTRUCTION 0.00 TRI CITY ANIMAL CONTROL 46,147.00 GRAND TOTAL ALL FUNDS: $ 1,209,998.67 2010 EXPENSES 3(b).2 CITY OF PASCO Council Meeting of; Payroll Approval February 1, 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 January 2010 ich are resented herewith for your review and approval. Gary . Crutc ity Manager ick Terway,Administrati a 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.40649 through 40721 and EFT deposit No's. 30035192 through 30035731 and City contributions in the aggregate amount of$1,807,319.09 are approved for payment on this 1 st day of February 2010. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 7,048.41 Judicial 69,947.29 Executive 73,144.31 Police 522,857.59 Fire 266,781.61 Administrative& Community Services 210,667.37 Community Development 79,312.34 Engineering 73,691.35 TOTAL GENERAL FUND 1,303,450.27 CITY STREET 46,157.80 BLOCK GRANT 6,812.39 MARTIN LUTHER KING CENTER 5,381.37 AMBULANCE SERVICE FUND 114,989.94 CEMETERY 8,184.79 ATHLETIC FUND 2,796.85 SENIOR CENTER 11,850.48 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 1,236,46 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 0.00 WATER/SEWER 280,568.16 EQUIPMENT RENTAL-OPERATING 25,890.58 GRAND TOTAL ALL FUNDS $ 1,807,319.09 Payroll Summary Net Payroll 869,207.26 Employee Deductions 526,687.62 Gross Payroll 1,395,894.88 City of Pasco Contributions 411,424.21 Total Payroll $ 1,807,319.09 3(b).3 AGENDA REPORT TO: City Council January 20, 2010 FROM: Gary Crutehfi y Manager Workshop Mtg.: 1/25110 Regular Mtg.: 21,1110 SUBJECT: Bridge Study IOU I. REFERENCE(S): 1. Cost Allocation 2.. Proposed Memorandum of Understanding (MOU) with BFCG 3. Request for Proposals (RFP) H. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 1125. Discussion 211: MOTION: 1 move to approve the Memorandum of Understanding with the Benton Franklin Council of Governments for the Columbia River Crossing Study and, further, authorize the City Manager to sign the MOU. III. FISCAL IMPACT: $18,750 IV. HISTORY AND FACTS BRIEF: A) After several years of intermittent discussion amongst the cities and the Benton Franklin Council of Governments (BFCG), the BFCG last year forged a regional commitment to conduct a "Columbia River Crossing Study," the objective of which is to determine the best location for the next Columbia River bridge in the Tri-Cities region. The tentative agreement to date has anticipated commitment by the cities, counties, and ports to a respective percentage of the local share of the cost of the project; the cities paying a larger share than the counties, the counties paying a larger share than the ports, etc. (see reference 1). The State of Washington has committed to half of the $250,000 study project cost and the "city" share of the other half totals $1 8,750. B) The BFCG has formed an ad-hoc regional committee (composed of one elected official from each of the participating agencies) to serve as a steering committee for the study project and has developed a Memorandum of Understanding (MOU) which commits the respective participating agency to the study effort(see reference 2). In addition, the BFCG has developed and initiated a Request for Proposal (RFP), copy of which is attached as reference 3. V. DISCUSSION: A) The Pasco City Council committed to its participation in the study effort in December, with the knowledge that its share would be $18,750. The proposed MOU reflects that commitment. Though the termination section of the MOU could be interpreted to mean that the city could withdraw from the effort, further discussion with BFCG staff clarified that it is the clear intent of BFCG and the steering committee that once an agency commits to the process, it is committed to its full financial parrticipation. Thus, the city could withdraw from participation in the steering committee, but it would still be obligated to pay its $18,750 share of the project cost. B) The proposed RFP has already been initiated, so the tentative schedule outlined in the RFP is still being pursued by BFCG staff. It is intended that the study be completed by November of this year; if necessary, the work could extend into early 2011. The state funding expires June 2011, so BFCG is committed to completing the project by spring 2011. C) Given prior Council commitment to this effort, staff recommends approval of the proposed MOU, notwithstanding the fuzzy language in the termination section. 3(c) B BentonorFrankfin Council of Governments C 1622 Terminal Drive Phone :(509) 943.9185 P.O. Box 217 Fax: (509) 943-6756 Richland,WA 99352 August 11, 2009 TO: BENTON-FRANKLIN COUNCIL OF GOVERNMENTS BOARD Bob Koch, President FROM: Executive Committee Bob Koch, President SUBJECT: Columbia River Crossing Study Funding Proposal and Alternates RECOMMENDATION: Encourage individual jurisdiction participation in the funding of the Columbia River Crossing Study as indicated below; and that voting committee alternates must be an elected official. CRCS STUDY PAC FUNDING PROPOSAL JUSIDICTION $ Amount % New$ BFCG 15,000.00 15.0% 18,750.00 Kennewick 15,000.00 15.0% 18,750.00 Pasco 15,000.00 15.0% 18,750.00 Richland 15,000.00 15.0% 18,750.00 Benton County 10,000.00 10.0% 12,500.00 Franklin County 10,000,00 10.0% . 12,500.00 Walla Walla County 2,500.00 2.5% 3,125.00 Port of Benton 5,000.00 5.0% 6,250.00 Port of Kennewick 5,000.00 5.0% 6,250.00 Port of Pasco 5,000.00 5.0% 6,250.00 Port of Walla Walla 2,500.00 2.5% 3,125.00 100,000.00 100,0% 125,000.00 BACKGROUND: The adoption of the Columbia River Crossing Study Steering Committee at the July meeting left the study $25,000 short of full funding. Each participating jurisdiction is requested to increase their participation by twenty-five percent. CITY OF PASCO BENTON-FRANKLIN COUNCIL OF GOVERNMENTS MEMORANDUM NDERSTA G COLUMBIA RIVER CROSSING STUDY BACKGROUND The Benton-Franklin Council of Governments has initiated a transportation planning study to determine the best location for another crossing of the Columbia River.The 2009 legislative session provided $125,000 of funding toward the study. State funds for the study were available July 1" 2009. Based on meetings over the past year it has been determined the study is truly regional and members jurisdictions have partnered and pledged an additional$125,000. A steering committee made up of elected officials from the partnering Jurisdictions will guide the course of the study. STUDY OVERVIEW The intent of the study is to determine where an additional river crossing might best be located; at what cost and what roles and responsibilities the local, state and federal agencies will assume during the entire process. Foremost will be to evaluate potential crossing locations and prioritize the three (3) most suitable locations taking into consideration both 20 year and 50 year planning horizons.A consultant will be under contract for the primary tasks. PROJECT SCHEDULE A Scope of Work is attached. Request for Proposal's(RFP) are anticipated to be available in January 2010 with consultant selection and project kicked off to follow. Anticipated completion of the study is November 2010. FUNDING Columbia River Crossing Studv Budget 5250,000 The City of Pasco's funding commitment is$ 18,750 or 7.5%of total project cost. The percentage share will be applied to all billings during the project life. BILLING Bi-Monthly invoices will be sent on a pro-rata share as specified in the above Section; provided, however,the total aura of billings to the City of Pasco shall not exceed$18,750. City of Pasco1DFCG MEMORANDUM OF UNDERSTANDING COLUMBIA RIVER CROSSING STUDY TERMINATli f�l Either party may terminate this Agreement with 15 days prior written notification to the other party. If this Agreement is so terminated, the party shall be liable for performance incurred in accordance with the terms of this Agreement. This Memorandum of Understanding shall become effective upon signatures of the involved parties on the last date indicated. Authorized Signature Title Date Benton-Franklin Council of Governments, Executive Director Date Benton-Franklin Council of Governments Page 2 REQUEST FOR PROPOSALS (RFP) COLUMBIA RIVER CROSSING STUDY (CRCS) TRI- CITIES Prepared by the Benton-Franklin Council of Governments — January 2010 The Benton-Franklin Council of Governments (BFCOG) Transportation Office is requesting proposals from firms to evaluate potential locations for an additional Columbia River crossing. Proposals will be subject to the Columbia River Crossing Steering Committee's proposal review and selection process. Submittals must be reSghr by 4:00 pm. January 25.2010_ Five (5) copies and one original in copy ready format of the proposal must be submitted to the BFCOG by or before the stated time and date. Contents of the RFP should emphasize clarity in describing an understanding of project, approach to each task, schedule, budget, project staffing and personnel experience. Each submission must include: 1. Outline and description of work required to complete the proposed scope of work, including work products to be prepared under each task. 2. A schedule of deliverables,interim products and progress reports. 3. Estimates of time and cost breakdown by work task. 4. Description of relevant experience and qualifications for the personnel assigned to the project. 5. List of people,with telephone numbers,who can be contacted for references on relevant experience. This RFP and/or the selection process does not obligate BFCOG to enter into any contracts.The BFCOG reserves the following rights: ➢ The right to negotiate all proposal elements. ➢ The right to reject any and all proposals,waive irregularities and re-solicit proposals. ➢ The right to change the scope depending on funding availability. The following is a tentative outline of the consultant selection schedule: All submissions due to the BFCOG office................,................................ By 4:00pm,January 25, 2010 Consultants short listed and notified for interview .....................................................January 29, 2010 Consultant interviews before Steering Committee ...................................................February 16, 2010 Refine Scope of Work for contract ...............................................................................February 22, 2010 Sign contract with BFCOG ..............................................................................................February 25, 2010 The primary selection criteria will be: ➢ Experience and qualifications. ➢ Recommendation of References. ➢ Ability to work within deadlines and to develop agreeable dates for deliverables, The proposal review and selection process will require personal interviews with the firms selected in the short list.The interviews are scheduled for February 16, 2009. Contract negotiations will be initiated immediately upon selection of the consultant. If BFCOG is not able to negotiate a satisfactory contract, including scope of services, billing rates, negotiations will be terminated and the consultant notified by mail. The contract will be negotiated as "Lump Sum"with monthly progress payments.The consultant may submit billings to the BFCOG for reimbursement of costs on a monthly basis.To provide a means of verifying the billing the consultant will provide the BFCOG with a detailed invoice listing staff member, title/position, salary,time, and description of work conducted on the project_ Five (5) copies plus one original in copy-ready format must be received by 4:O0pm,January 25, 2010. Proposals may be delivered or mailed to the BFCOG office at the following address: Benton- Franklin Council of Governments CRCS Steering Committee P.O. Box 217 Richland,WA 99352 Questions regarding the outlined scope of work should be directed to: Mark Kushner,Transportation Director mkushnerccbbfcog.�$ 509.943.9185 CRCS—R,F'P-Scope of Work January 7,20JO 2 TABLE OF CONTENTS Columbia River Crossing Steering Committee Page 4 Intent Page 5 Objectives Page 5 Background Page S Scope of Work Page 7 Work Task Assignments Page 9 Deliverables/ Products Page 9 Budget Page 10 Draft Project Schedule Page 10 Appendix A Page 11 Appendix B Page 12 Appendix C Page 13 CRCS RFP-Scope of Work January 7,2010 3 i er grQpslog Votlnc„ Members Dave Rose !City of Richland Bob Olson ___LCity of Kennewick Rebecca Francik City of Pasco Bob Koch Franklin County Jim Beaver Benton County Bob Larson Port of Benton Bill Clark- ��---- �Port of Pasco Skip Novakovich Port of Kennewick _ Michael_Fredrickson _ Port of Walla Walla Non-Voting Members Don Whitehouse WSDOT Kathy McMullen � i Ben Franklin Transit Carl Adrian _ TRIDEC _ Lori Sanders j BFCG Board��^ Jay Marlow ASCE CRCS-RFP-Scope of Work January Z 2010 4 Intent The Benton-Franklin Council of Governments (BFCG) is the lead agency for both the Tri-Cities Metropolitan Planning Organization (MPO) and the Benton-Franklin-Walla Walla Regional Transportation Planning Organization (RTPO). As lead transportation planning agency for the region, the BFCG coordinates and develops transportation plans In accordance with state and federal transportation planning requirements. In an effort to continue quality transportation planning for the Tri-Cities, the BFCG has initiated a study to verify the need and examine the potential location for an additional Columbia River crossing. The intent of this study is to determine where an additional river crossing might best be located; at what cost and what roles and responsibilities the local, state and federal agencies will assume during the entire process. Obiectives It will be the objective of the BFCG and its partnering agencies to: 1. Conduct an open and transparent planning process; including community outreach,open house events and comment periods, etc. 2. Screen/Evaluate up to as many as ten(10) potential crossing locations to determine feasibility of each location. 3. Prioritize the top five (5) identified locations. 4. Prepare planning level cost estimates and more in depth analysis of the top three(3) locations taking into consideration both a 20 year and 50 year planning horizon. 5. Define potential alignments and corridor needs. 6. Assess transportation strategies that will minimize congestion, address economic impacts and advance safety. B,ackarQuind The Tri-Cities urban area presents a unique and complex geography as well as highly diverse demographics.Three rivers,the Columbia,Snake and Yakima, come together within the urban area defining boundaries for the four cities of Kennewick, Pasco, Richland and West Richland and Benton, Franklin and Walla Walla counties.' Ben Franklin Transit maintains metropolitan intercity routes that cross the Columbia River at several locations. All four cities, the three counties, WSDOT and Ben Franklin Transit have vested interests in the river crossings in the region. The 1970 US Census indicated the cities of Kennewick, Pasco, Richland and West Richland and some surrounding portions of Benton and Franklin counties reached the threshold population and urban densities required for an urbanized area. In 1973, in compliance with federal laws, the local governments and the governor designated the BFCG as the responsible agency to carry out the required planning responsibilities of an urbanized area for highways, streets, roads, and public transportation. The 2000 US Census expanded the urbanized area into western Walla Walla County encompassing the unincorporated communities of Burbank and Burbank Heights. See Appendix A for regional map. CRCS RFP-Scope of Work Jamuary 7,2010 5 Official release from Washington's Office of Financial Management (OFM) in September of 2009 calculated the population of the Metropolitan Planning Organization (MPO) to be 203,315 and the population for the entirety of Benton, Franklin and Walla Walla counties to be 301,200. The Pioneer Memorial Bridge, or commonly called the "Blue Bridge", at the Columbia River on US 395 is a focal transportation facility in the Tri-Cities. Congestion has been an issue at the bridge and along the entire US 395 corridor as it passes through the Tri-Cities urban area for the past twenty years. A new bridge across the Columbia River was listed in the 1985-2000 Regional Transportation Plan. Three optional locations were termed "long range planning concepts": either in the vicinity of Edison Street, or Columbia Center Boulevard in Kennewick or North Richland. Designated by Congress in 1993 as a Highway of National Significance, US 395 has seen increased freight and passenger car traffic. Also, because of the North American Free Trade Agreement (NAFTA), US 395 is a significant north-south connection for freight movement between the Mexican and Canadian border. US 395 has a T1 classification per WSDOT Freight and Goods Transportation System (FGTS). These factors as well as regional and local growth have increased traffic volumes on the Blue Bridge and along the entire US 395 corridor through the Tri-Cities.2 Transportation professionals have been aware of the capacity issues facing the Blue Bridge on US 395 for some time. In 1995 HDR Inc. was contracted to study a 75 mile section of US 395 from north of Pasco to south of Pendleton, Oregon. The purpose of the study was to evaluate whether the current alignment of US 395 best suited the regional and local needs or whether those needs would be better served by re-locating the corridor.As part of the study, HDR noted the level of service3 (LOS) between Pasco and Kennewick from Sylvester to Clearwater by way of US 395 and the Blue Bridge was operating at LOS 'D' and V. The study said the improvements necessary to maintain a LOS 'D' for future year 2015 would include improvements to the interchanges at Lewis Street and SR 240x,the Blue Bridge would need to be widened to accommodate six through lanes and the roadway section would need to be widened to six through travel lanes (three each direction). In 1995 the estimated cost of those improvements was$82M. The desire to perform an analysis of a river crossing first arose in 2004. Efforts were delayed so that updated land use and a more robust modeling platform could be developed. The BFCG travel demand model was used in September of 2006 to prepare an analysis of three potential locations for a river crossing on the Columbia River The modeling effort evaluated the impacts at key interchanges along SR 240 and 1-182, reviewing three different crossing locations between Benton and Franklin Counties in the urban area. Each 2 See Appendix B for Traffic Flow map 3 Level of service(LOS)standards are used as a gauge for evaluating the quality of service on the transportation syste and can be described by travel time,freedom to maneuver,traffic interruptions and safety.LOS"A"may be described as freedom of operation with no waiting time while LOS"E"may be described as the traffic demand is near or equal to the probable maximum number of vehicles that can be accommodated, Construction of a new interchange at SR 240&US 395 was completed October 2009.Performance data will be available in the future for the new configuration. CRCS—RFP-Scope of Work January 7,2010 6 scenario was studied with the land use and project assumptions held for 2025 Build scenario. The three locations modeled were: Road 100/Columbia Center Boulevard Road 68/Edison Street • US 395 "Blue Bridge" Additional Span The 2006-2025 Regional Transportation Plan states that results of the crossing analysis performed by the BFCG demonstrated traffic flow likely high enough to warrant an additional Columbia River crossing. Circulation could be greatly improved with another span, while reducing volumes on area highways. Current conditions along the US 395 "Blue Bridge"are currently near capacity. Forecasts for 2015 and 2025 on US 395 exhibit deficiencies not addressed in the WSDOT financially constrained project list that is part of the 2006-2025 RTP. It was the conclusion of the BFCG after this initial crossing analysis that further study was necessary to evaluate additional aspects of potential river crossings. To reflect a regional planning emphasis,the previous CRCS Steering Committee chose to include two additional sites for consideration as possible river crossings. A location north of Richland that has generated discussion as a possible river crossing since the 1980's and a site at Dodd Road/US 12 in Walla Walla County that is listed in the WSDOT's 2007—2026 Highway System Plan (HSP) as a "Tier III" solution are the additions. (See WSDOT HSP Appendix 'B',page 8.) AcRu of Work It will be necessary JU [dal-ml ascribe a ch task in greateE d"Mill a effort-will bee cted for each tan g a scrape outline has been;q�l��i�, S�a"�a�refine~rnent an rCWon wii g2l1tinue as discussions progress with the CRCS Steering mi—V ee,respective partnering ay&nOes and consultants. Estimates of time will be required for each task as well as a lift of the cQQs1A1JUt staff anticipated to perform the work. TASK 1. Study Background • Review existing transportation conditions of the MPO area. • Review previous studies as directed by Steering Committee. TASK 2. Public and Stakeholder Involvement • Prepare public participation plan. Include identifying potential community concerns that could be raised and the strategies for addressing those concerns. May include internet survey/comment form for ongoing comment period. • Two (2) to four(4) meetings with CRCS Steering Committee to report progress at major milestones as outlined by project schedule. • Prepare and participate in a presentation of the findings in a meeting with the public and elected officials. CRCS RFP-Scope of Work Jamiaty 7,2010 7 TASK 3. Data Collection and Analysis • Define/outline data needs and traffic modeling tasks. BFCOG to perform traffic modeling tasks. 2005 Tri-Cities Travel Demand Model will be used for the modeling tasks with 2015 and 2025 projections. Modeling tasks will be considered in-kind service performed by the BFCOG. • Propose an Origin-Destination (O-D) methodology to support the projects objectives. Identify and summarize other data and findings from local jurisdictions. TASK 4. Screen/Review of River Crossing Locations5 + Screen the following potential river crossing locations and scenarios: ✓ US 395 "Blue Bridge"Additional Span ✓ Edison/Road 68 ✓ Road 100/Col u mbia Center Boulevard ✓ Dodd Rd/US 12 ✓ North Richland/300 area ✓ West boundary of State Park Road; shortest alignment to SR 397 ✓ Up to four(4) additional locations ✓ "No build" scenario Screen/Review of each location is to include: ✓ Environmental scan--Overview of critical environmental factors that will be helpful for evaluating the alternatives. Examples of environmental factors may include the following but are not limited to: Historical& archaeological preservation, Threatened or Endangered Species, view sheds, air quality,water quality,wetlands, hazardous materials and airspace, etc.A brief summary of environmental factors will help prepare for the eventual detailed environmental requirements of the preferred alternate. ✓ identify alignments and corridor needs. ✓ Potential changes of land use, economic benefits and impacts. ✓ Traffic analysis of connecting street networks and expected impacts. ✓ Identify benefits to regional/local traffic circulation and through freight traffic. ✓ Review alleviation of traffic congestion. • Prioritize top five (5) alternatives. • Prepare planning level cost estimates of top three (3)alternatives taking into consideration both 20 year and 50 year planning horizons. • Develop scoring/matrix process for evaluating alternatives. 5 See Appendix C for map illustrating location of sites. CRC-3—RFP-Scope of Work Jwn,ary 7,2010 8 TASK S. Recommendations and Implementation • Prepare a comprehensive implementation strategy, (both short term and long term) that would implement the findings of this study after an endorsement of a preferred location. (What to do first?What work and budget in what phase?) • Prepare an informational summary document that explains need for the project and project benefits for use in explaining the project to the public and potential funding partners. • Compile information, conclusions and recommendations into a final document. • Describe/discuss the roles and responsibilities of local,state and federal agencies in the planning and construction of another bridge across the Columbia River in the Tri-Cities area, • Research and discuss funding/financing options (i.e.,tolling, innovative financing techniques, potential revenue streams, etc,) • Outline a Transportation Demand Management (TDM) strategy for interim low cost solutions. (i.e., ITS architecture, etc) Work Task Assignments TASK # WORK TASK ASSIGNED TO i Contract Administration BFCG Staff Traffic Modeling 'BFCG Staff 1 1 Background/Purpose and Need Consultant/CRCS Steering Committee -- �� 2 Public and Stakeholder Participation Consultant 3 Data Collection Consultant/BFCG Staff 4 Screen/Review of River Crossing Consultant/CRCS Steering Committee/WSDOT Locations 5 Recommendations and Implementation Consultant/CRCS Steering Committee PeliYerables / Products • Bound reports—25 copies. • Electronic copies of all data items collected;to include all maps and visuals created. • Interim progress reports. • Prepare support material for meetings. CRCS—RFP-Scope of Rork January 7,2010 9 Budoet BFCG and partnering agencies have contributed a total of$125,000.The Washington state legislature provided $125,000 for the study in the 2010-2011 biennial budget. A budget of $245,000 is available for the study.A sum of$5,000 will be used for project administration performed by the BFCG. Funds contributed by the partnering agencies will be used for consultant services. Any in-kind services provided by a partnering agency will be viewed as additional contribution. Draft Proiect Schedule ACTIVITY - —_-- _-- ! DATE Amend UPWP and TIP September 2009 Locai Budgets Prepared . September 2009 BFCG Board Meeting € November 2009 Request for Proposal Prepared December 2009 __--- inter-local Agreements Prepared &Signed j January 2010 i RFP advertised and sent to consultants i January 2010 Consultant interviews January/February 2010 Consultant selections& contract negotiations I. January/February 2010 Project Kick-Off w/consultants/stakeholders, etc ! March 2010 Project Completion November 2010 CRCS—RF'P-Scope of Work Jamwry 7,2010 10 i V ' a VdR/ud= 0 o �punug 9woa�a ao�aq�adsRei,�,[6ao[8v� - - ewd SuMmEd w1lodowK e= 410 A3IZf1U� t: O 1 3010 Z Z ro a +nrnt rc rnrar N!'n[IrtVK3 ,��, t� s�. "-O APPENDIX B 200E 'rXLOW E) FIVE XC M. OF TRAFF31C CAU11M '�, � •` nv�r3r �cay,To•Dc flay i t • _ �OYD is 13999 4hOD u 3991 I1=r8111ti1in AlftW6, 4-2-60-C 49919 p F � � ('tul ntv r� 50.93•c SJ939- vs q. _ s, . xr Benton Coulity 2005 Tri-Cities Traffic:Flow Five Years of Traffic Counts at the Columbia River "Blue Bridge" Permanent Traffic Recorder Number:8087 Location:US 395 at Columbia River Bridge Month ADT 2001 ADT 2002 ADT 2003 ADT 2004 ADT 2005 ADT 2006 April 51,302 55,015 56,545 58,375 57,983 Unavailable May 52,043 54,915 57,866 57,514 58,615 58,573 June 53,700 55,657 58,964 58,327 60,893 60,030 July 53,633 56,214 58,506 58,468 59,537 57,912 August 53,363 55,952 57,633 58,909 59,085 58,718 September 51,552 53,852 56,234 56,948 59,859 56,758 Average 52,598 55,269 57,624 58,090 59,328 58,398 Source:WSDOT Automated Data Collection Report Updated:January,2007 CRCS RFP-Scope of Work January 7.2010 12 4,61IF41 ftT"J" -Jtf�-h— 4Pb 44 ILA, see -Y ISM AGENDA REPORT FOR: City Council January 27, 2010 TO: Gary Crutchfield, anager Regular Mtb.: 211/10 Rick White, �11-4 Community & Economic Development Director FROM: David I. McDonald, City Planner �)h.� SL-BJECT: FINAL PLAT (MF#FP 09-007); Reilynn Park (Aho Constructio I. REFERENCE(S): I. Overview Map 2. Vicinity reap 3. Final Plat's * (Attachments in Council packets only; copies available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www,l)asco- wa.gov/generalinfo/citycotincilreports) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/1: NIOTION: I move to approve the Final Plat for Reilynn Park. 111. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Reilynn Park development, The developer is now seeking final plat approval. B. The Reilynn Park is a single-family residential development located south of Burden Boulevard and east of Madison Avenue. V. DISCUSSION: A. Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer- has completed most of the improvements and has provided the City with a bond in the amount $92,603 to cover the costs of outstanding improvements. B. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition, the plat contains the required descriptions, dedication and acknowledgment,and approval sections. 3(d) Item: Final, Plat - Reil)m Park Over"ew XT Applicant: Aho Construction Map File FP 09-007 S 1:3 � JI� •J-� :J`� 1 '- �'••\��yy1 r'1 .r Sit ...` f M.- �a arJ iru .si a ��� � � � ��..� �,+;f;sr '��j��s ' ` .•1 _ � rM a1N J6.�.��� .Iii rie �• I, .. ���� •r� � :tS Y,� � �a:..r:.e]r :: � E�il� � •� + ///R. f_R 1f�,��1 �s iI✓ rr fM -.■,y1 7 _"TJ��•l 7 �1 " �//�»iG�R a!•r s • _ 1. i•r w,t li if/l14/r ���L([V aaK�W►A L +,—�'+• - e Iftclltr!rala%a��r'•: ss+�IrAif: - e a wr Ir Mr ■ �'••• � t ) - �4, � •- Kt/dsriic gslrc9asM lrr uAra.::rt� .� ,r cw it � �tttctJAaaIARClAacr w•rf.M rp■i K� •Jil-s- _ 1 tz- 60 •.if /R:..../rrR. Ma OlgE, , w i- " '� � • r �iisia.ir`« 5 a•an.J, �w :`� ..y-.w 1 =i. �/ �R/77/5/:+ 1� r�f! 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' .;AM •.'■rt•t ■M s.m 19, 'c:L.�d Yr r I'�Y lira .• �' L�r�i � • iJ. ., r �� J1i CIS '�_.. ---• . }� °�"1 •� .-�f�•�• IT ! 4 7 �• !-._�vC! •7 p:,i.wr w . i •vr�ra'n�+?l.i0i 4d".i6r..1 i '(�s��v� � l •�• •• w. � •or�r r.� �.�i+C rr 13i.i�:�. S� :ral,� ] . c � . • r :. � ^�iFK �. 1 7r•I •�� . r�a+� si-i"{a�t a;��i#, � ��'-. �. ^'' � :'M'r Luc 4rp.• s,r � J] !w Mrs tdiari.. 4 .� - ��-a v. •� ..r, _ ' 4 '•r �Kr`'� ...r• ;us}:Jr � J1'�ya�r i.L- '. � ] ±o _ �R � � f -�' i�Y`°►.' '�a: '~�;�7•� � .rs 'f•}i �► �y�.,Vr, "?,.+�VJa, \ y.;� • � a a.'• aMrYy�,sVi$ i'."'�r.�.�-«� -_ ., .�•.r� p�rp�t""'t'r�rd'!'.� a�EL��'t'�i�1i1ll�lfY�i' : r�jr�+ low r y/ �rR� io•fl•�� J r r H ,� { _ _ • ._ r1 � �a :e��•a'�i,�7�i'+`i F�t:�i „Aa. a � - c cJn� �« `. Lif!•'.y"a1d3U �C����q`'rr���A i r4• + Item:Vicinity Applicant:Final Plat Aho1 Map File FP 09-007 r N"I'St '.11 1 'Nil t Rw \E ., �^I may` }� [D r IT i t v • , � oil _-- - -- - - - __. __-- ��- �"� ____ '^�'F„•• ���,'+_ ,�• -mss AGENDA REPORT NO. I FOR: City Council January 7; 2010 TO; Gary Crutchfield, City Mkirks Robert J. Albert q u }l' rector FROM: Michael McS ,4'illty Engineer Workshop: 01/25/10 Regular: 02/01/10 SUBJECT: Waiver of Utility Service Requirement—Dwight Leavitt—BSP 2009-02 Lot 2 P.M.C. Chapter 16.06 1. REFERENCE(S): 1. Resolution 2. Vicinity Map 3. Petition for Utility Service Waiver 4. Utility Service Waiver Agreement 5. Sewer Fee Estimate 11, ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 01/25: Discussion 02/01: MOTION: 1 move to approve Resolution No. �� conditionally granting the sewer utility waiver request by Dwight Leavitt. III. FISCAL IMPACT: None 1V. HISTORY AND FACTS BRIEF: A. 'Elie applicant has requested a sewer waiver In order to install a temporary structure for their business. Rcstroom facilities would be of a portable type with a tank to be pumped and maintained by the property owner. P.M.C. 16.06 requires connection to the utility system when a building permit is issued unless such requirernent is waived by action of the City Council. B. The nearest sewer main would require the installation of' approximately 5200 linear feet of pipeline to connect. The existing sewer system in this area is at a higher elevation than this property so a lift station and force main would be required to connect. C. The City is developing plans to construct a lift station in the vicinity of this property. when complete this lift station would decrease the distance required to connect to sewer and would allow this property to be served by gravity flow. V. DISCUSSION: Any determination or decision by the City Council to waive utility requirements is to be based upon the waiver criteria provided in P.M.C. 16.06.040 as follows: (1) Special circumstances applicable to the property in question or the untended use that do not generally apply to other properties or classes of uses in the same vicinity or zoning classification. Nearest sewer naain is located 5200 feet Irom property and would require a pumping station and pressurized sewer line to connect. (2) A waiver is necessar j- fir the preservation and enjoyntent of a substantial property right or arse possessed by other properties in the saute vicinity and the same zoning classification, ivhich because of special circumstances is denied to the property in question. 3(e) The expense of sewer installation is unreasonable at this time for the intended use of the property (equipment pick up and drop oft). (3) The granting o 'the waiver will not be detrimental to the public welfare or injurious to other propertt� lnrprovenrents in such vicinity and zoning classification, which the subject is located. A temporary structure would be placed on the property to allow for paper work and supplies to be maintained on site. This would be similar to the tenlporaiy structures often used by contractors on job sites. The property owner would be responsible to maintain all temporary restroom facilities in accordance with City and state regulations. (4) The granting of a waiver will not conflict with the general intent of this chapter. The use of the system is temporary. The property will be required to coruicct to the sewer main when one becomes available. In the past when Council approved utility waivers the following conditions applied: (a) Allow the temporary use of the portable septic systctT.a with approval of the health department. (b) Require the applicant to provide the city with $32,681.67 to cover the appropriate area, front footage, system fee and stub out fee for the future sanitary sewer. (c) Require the applicant to connect to the sanitary sewer when the sewer is available. (d) Require the utility waiver and agreerneilt to be binding upon the land and enforceable at the demand of the City. Based upon a review of the criteria above, staff recommends approval of the sewer waiver request if conditioned to include provisions 4(a), (b), (c), and (d). If Council concurs staff will prepare the necessary waiver agreement and have it signed by the applicant prior to the next regular Council 1nceting. RESOLUTION NO. A RESOLUTION CONDITIONALLY GRANTING THE SEWER UTILITY WAIVER REQUESTED BY DWIGHT LEAVITT WHEREAS, Dwight Leavitt has requested a utility service waiver for sewer in order to install a temporary structure with restroom facilities. The Pasco Municipal Code requires connections to the utility service when a building permit is issued unless such requirement is waived by action of the City Council pursuant to PMC 16.06.040; and WHEREAS, the City sewer main is located 5200 feet from the property, and connection would require the construction of a private sewer lift station and pressurized sewer main to service the property; and WHEREAS, the City Council has having found that special circumstances are applicable to the property that do not generally apply to other properties in the same vicinity or zoning classification; the granting of the waiver will not be detrimental to the public welfare or injurious to other property improvements in such vicinity; and subject to conditions provided below, such grant of a waiver will not conflict with the general intent of Chapter 16.06 of the Pasco Municipal Code; and WHEREAS, the applicant has signed the necessary waiver agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITE` COUNCIL OF TRF CITY OF PA.SCO, WASHINGTON: Section 1. A conditional waiver is granted to Dwight Leavitt requiring sewer utility services to its property know as Lot 2 of Binding Site Plan 2009-02, situated in Pasco, Washington, to permit the use of a temporary tank system upon the following conditions: A. Allow the temporary use of the portable septic system with approval of the health department. B. Require the applicant to provide the City with $32,681.67 to cover the appropriate area, front footage, system fee and stub out fee for the future sanitary sewer. C. Require the applicant to connect to the sanitary server when the sewer is available. D. Require the utility waiver and agreement to be binding upon the land and enforceable at the demand of the City. Resolution - l Section 2. This Resolution shall become effective upon its adoption. APPROVED by the City Council of the City of Pasco, 'Washington, this day of February, 2010, Joyce Olson Mayor ATTEST: APPROVED AS TO FORM; Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Resolution-2 VICINITY MAP - DWIGHT LEAVITT SEWER WAIVER SCALE 1" = 500' �Z EXISTING CITY SEWER - � • r �fr+.. 4 - � WI +,r F, �, r.. HSP 2009-02 Ck LOT 2 FUTURE LIFT STATION LOCATION w _ CITY OF PASCO PETITION FOR UTIY,fTY SERVICE 'WAIVER PLEASE CO'NIPLETE TIM APPLICATION CLEARLY AND ACCURATELY (?lame wner/Applicant)(1 st pasty) (Name of Owner/Applicant) (2nd party) (Address) (Address) K � � (Phone) (Signatu (Signature) ��f General Location of Property: rtr�A �a " (give location relative to streets, intersections, etc.) T 1'1 NOr F GC25f WtA -r--rr Legal Description of Property for which the Utility Waiver is req:iested:t5 C Src?,'o rT � a 9 uJol* Rc�n�r� 3y ir�st1�t,'.171. Fraa�L�n (m�,M� ,ICJ k,,4r, ton xcen4 --4 1 b � a-�! e�rtd G 'Po'-1,'vn b t 5-ou-t west rtk+arTtr c nc `� Sc� F1zs=as t Qua„ 6X S:r;d S<'r 1t'o n al, T�wnr�i� Current Land Use of Property: — v, P, �RrkC05 �"t 1) Type of utility waiver requested? Water Sewer 2) Describe the reason for requesting a waiver from the requiremlent to connect to the h municipal water and/or sewer system? 3) Describe alternative method of utility provision from which a waiver is requested? -to( dt�p 4) Special circumstances applicable to the property in question or intended use'? ruck k -° men F - C L—e-s (D"c - -co Q4�r work ems . 5) What changed or changing conditions warrant the proposed Utility Waiver? 6) What other properties in the same vicinity and within the same zoning district have received a Utility Waiver or e not connected to one of both or the municipal utility systems? 7) How will the public health and welfare be protected by granting the Utility Service Waiver? Co r,-te- t.t- \\%N'orkgroup2\Engineering\Enginr.ering Working Folder\Forms\t3tility Wavier Petitior..doc 02.4 l� L�a-Kct� Dr Tl art rr Lc)t C,�'I k/1' q9-53,0 WHEN RECORDED RETURN TO: zona G,Lenhart,Auditor;Franklin County,WA. City of Pasco, W Arington AFN#1746370 Recorded 0112612010 at 02:42 Pki Engineers epartrnent DocType:AGREE 2 Pagels)Filing instrument$63.00 Recorded at the request of:DWIGHT LEAVITT 525 rth 3rd Avenue ,sco, WA 99301 UTILITY SERVICE WAIVER AGREEMENT (CHAPTER 16.06 PMC) 1) The undersigned is the owner of the real property situated in Franklin County, Washington and described as; Tax Parcel # 113-510-088 Legal: Binding Site Plan 2009-02, Lot 2 2) The undersigned has made application for waiver of the utility service requirements of Chapter 16.06 PMC conditioned upon the Pasco City Council approving the waiver by resolution, and the undersign ned making the following agreements and acknowledgments with the City,which the undersigned does licreby freely and voluntarily make: a. The undersigned agrees to provide the City of Pasco with all necessary Health District approvals for the'temporary use of a septic systern at the above referenced property; b. The• undersigned understands that use of a septic system is temporary only and that in the future a sanitary sewer may be installed in Dietrich Road. When sewer becomes available in Dietrich Road the undersigned understands that they will be required to remove the temporary system and connect to sanitary sewer. C. Require the applicant to provide the City with $32,681.67 to cover the appropriate area, front footage, system fee and stub out fee for the future sanitary sewcr, d, The above covenants to the City shall run with the land and be binding on the owner, on the undersigned, his/her heirs, devisees, successors and assigns aiid all owners now or hereafter of the land above described, or of any of said land described above, > y r tTl `< n 0 CL �CL y t / � . y CD P A Cb rv'-• CD •�� ¢ a� CD CD x r co '�' Q. v 1 Vi r-L Qj YJ x CL P � N � =C . n G r s— C3 CD r CD WG C +`�\`„\�MU►uµgM� r d ! .r f�!!! i tfl1,}4»1 NN R+UR c fJ City of Pasco;Washington - -- -- Application for Water I Sewer Services Number of Parking Spaces: 0 i New Service No: E10-0014 Account#: What Services. Date: Application Number: Lock Meter Off?: Service Type: Location Description: Service Area: Billing Classification: Water Billing Classification: Sewer Legal Description: Lot 002 Block 000 Addition 13S0902 Parcel Number: 113510088 Frontage: 474 ft Depth: 0 ft Area: 0 sf Additional Legal Description: BINDING SITE PLAN 2009-02 LOT 2 Annexation Agreement: Meter Address: 1336 DIETRICH RD Name of Applicant: Name of Owner: LEAVITT, DWIGHT& SH Billing Name: Site/Field Contact: no name or phone given Billing Address: City,State &Zip: Water Service Type: Meter Reconnection?: Meter#: Date Installed: Make: Reading: Size (in): # of Digits: # of Dials: Water Patch Length,ft): 5 Sewer Patcn Length (ft): 0 Sewer Depth (ft): 0 Explanation: FEES Sewer- Connect to Existing St $4,000.00 Sewer Tap $75.00 S Fee - Front Footage (LF) $11,850.00 S Fee- SF - Irregular Lot $14,820.67 S System Fees - Inside - 1 Inc $1,936.00 Total Fees $32,681.67 The sewer deposit for patch will be refunded after inspection and acceptance by the Engineering Department. The applicant's signature is accepted understanding applicant has permission from the record owner of the property to make this application and is acting in the property owner's interest. Applicant further agrees to conform to all ordinances, rules and regulations now in existence and as hereafter amended or supplemented governing the Water/Sewer utilities. Applicant further agrees that the City shall have the right to shut off the water supply at any time without prior notice for repairs, extensions, nonpayment of rates, or for other good cause, and that the City shall not be responsible for any damage caused by breaking, bursting or collapsing of any boilers, pipes or fixtures or by the stoppage or interruption of the water supply, the shutting off of the water as a condition precedent to receiving water service. Applicants for water service who are converting to the City utility from well service must disconnect thier well water to their residence prior to connection of City water service to prevent contamination of the City water supply. Signature of Applicant Date 01/13/2010 Signature of City personnel filling out report Pubic Works Field Division Copy 7EFhRA 638.d'o 16U 6,7 i 60 BINDING SITE PLAN NUMBER 2638.28' 1 76,72' i6O3.22'3015.00' pa1rA'f 1 ,?42 CASFII PORTION OF SEC. 21, T.9 N„ R,3O E,, W.M. CAP D'4+20 ! 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GATE loot RESIO R OC FGCORDUAYD IN yEw NTS,REEERVATONS,COKNANTS AND `_• J' '1C\ lt [}1N SITE PLAN DECLARATION +VELCPHINT AND USE OF ME LAND OESMBED HII SHUIL BC IN AODGRDAINCE WM MI5 V N ',Q ���'��• pJ ,� �,. 9 N7 WIDIRU SITE PLAN,AS IT WT 6E AMENDED MTk THE AYPNUVAA OF TOIL LAITY,AND IN ACGONDANCE WITH SUCH 3T1WR=MWUdTAL PERY475,APPPC4AI.5,RCGaATONS,PCLOUIREUENT$AND u I '`��^• (,2Q .1 m AESTRIC TONS THAT MAY BE IMPOSED UPON SNCH LAND AND ME DE'ACPAIENT THINEGF.THIS �j GIIN SITE PUN SHALL BE BLARING LOON ALL NOW OR HCRCArrCR NANMG ANY INTEREST IN THE N f;10 �f•�Ty� J .. ref +L_J! 1 •.. 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BASIS DF BEARING Rix BRASS CAP s /n4^` 7•PR0 L1M AAbio,r„nYY,1 eHY,•Y wA A TENSE-SECOND 7 A11ON [f'F►1 ADDRESSES �asH+1713018 II-1 woo eP9POR A.6T.T III TOPCON R I,1 (III rA r RECORD OiSTANCE RS#3-80,AF;17f0610 �yDItTYP1:981[ASPiX;f,PMi91Y Y,�iny,A 31.1[' r� ` �RNL•fd.6NiIM,s{iwN Ff.COLNMBW EA6f ^� SURVEYOR'S CERTIFICATE BINDING W4 PLAN FOR IND X AUD4 'S CERTIFICATsra�rrn,vp�vvrvc I, AARON A.DYCK,A UCENSED LAND SURVEYOR IN ATE OF 0. (� .O �J/ FILED CORD THS DAY OF N $4 ^ 7525 N EEIOHIU El PL UNIT IC WASHINGTON, HEREBY CERTIFY THAT THIS MAP CAR REPRESENTS ryAti K K SEC T. R. AT PAST KEHINEWICK WA Rea16 AN ACTUAL FIELD SURVEY CONDUCTED BY ME,IN 00 ANCE VATH THE m .M, CORD I VODUMEJ_O Is091 7]57364 SURVEY IRECORDINC 407 AND THAT THE CORNERS H FN STAKED ON � .`� FBNOIN ilg}PLANS PAOEi14.AT THE fAS.(:A9}135.1]56+ THE GROUND AS SHOWN HEAEa! AT THE REQUEST COLUMBIA •. COLUMBt�EAST, LLC 21 9N 3CIE DUES A ON A.DYCK,p-L.S sv6ffa'e:Irollms�I.si mn G EAST,LLC,AND ALL SEARINCS AND DISTANCES ARE CORRECT. g• Ate;}69 s1� FR X 42378SP1,DWC 0 2CD9 6 l 91. ANUN C TY AuvroR o �F{ f +L LAIrc DATE: 04/16/09 SHL 1 OFn2 A E1fPfNE9 O!}1j/e TY �g3ao$5 D.,BY;AAD/00 J08;4237 Oo AGENDA REPORT FOR: City Council January 27, 2010 TO: Gary Crutchfield,144 anager Regular Mtg.: 2/1/10 Rick White,ez'A Community & Economic Development Director FROM: Shane O'Neill, Planner I SUBJECT: REZONE (MF# Z 09-007): R-S-1 (Suburban Residential) to R-1 (Low Density Residential) (Thomas Kidwell) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Rezone Ordinance 3. Planning Commission Report 4. Planning Commission Minutes: Dated 12/17/09 & 1/21/10 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 211: MOTION: 1 move to adopt Ordinance No. , an Ordinance establishing R-1 zoning for a 40-acre parcel at the southeast corner of Power Line Road and Road 60 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 December 17, 2009, the Planning Commission conducted a public hearing to determine whether or not to recommend a rezone from R-S-1 (Suburban Residential) to R-1 (Low Density Residential) for a 40-acre parcel at the southeast corner of Power Line Road and Road 60. 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 with a concomitant agreement limiting minimum lot sizes to 8,500 square feet. C. No written appeal of the Planning Commission's recommendation has been received. 8(a) Item: Rezone - R-S- I to R- I Vicinity Applicant: Thomas Kidwell N Map File Z 09-007 j r17-4 i��ERA_ � -�; - .,e�^ _ �_ �• �—` t Ia1f � •4 { ✓J`-- r_•_ _rte` �_�' �, - � � ... ter. J f . t `+ . ` ���������� _fir •`,��_: J- � - Z s !t }• - or at /�� �'-�i mss.- •.r �,..d # r �i �lf4d%} •�ellfg;c '•-� - :i - � yl * ���f�N ._ �� � ~�' I aA•. AS g tie �+-�. �i/��.:yl,_ «1L�i �`�1�Y'�fyA t ,�yr�� 'E O•�•C i� � � c • 'r-'- � iz ♦ Y ' • i _ ��,:f..��j . 'ols- �� _- �. :,� �� 'Gpl!r y�' ��,��' r'r' 1r�N�''',,d .�,rr � ��..' � �:-car. �JL Y r�+► ��: i. '� �bf"i• �a�w'+ir4'�Il.tr�/1 r a 1- a� y y0.�r.r lob, PW ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,AMENDING THE ZONING CLASSIFICATION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 9 NORTH,RANGE 29 EAST W.M. FROM R-S-1 (SUBURBAN)TO R-1 (LOW DENSITY RESIDENTIAL) WITH A CONCOMITANT AGREEMENT, 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 he 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 R-S-I (Suburban) to R-1 (Low Density Residential) for the real property as shown in the Exhibit "1" attached hereto and described as follows: The northwest quarter of the northeast quarter of Section 10, Township 9 North, Range 29 East W.M. Section 2. That the change of a zoning classification as provided in Section I is contingent and conditioned upon execution and compliance with a Concomitant Agreement entered into between the Petitioner and the City wbicb will attach to and run with the real property described in Section 1 above. Said Concomitant Agreement is attached to this Ordinance as Exhibit No. "2". Section 3. 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 1"day of February 2010. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L, Clark, CMC Lcland B. Kerr City Cleric City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , rezones The northwest quarter of the northeast quarter of Section 10, Township 9 North,Range 29 East W.M. from R-S-1 (Suburban)to R-1 (Low Density Residential) with a concomitant agreement limiting the minimum lot sizes to 8,500 square feet. The full text of Ordinance No, , is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293, Pasco, Washington 99301. Debra Clark, City Clerk "Exhibit# 2" CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Pasco, Washington, a non-charter code city, under the laws of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of property within its jurisdiction; and WHEREAS, the Owner(s) of certain property have applied for a rezone of such property described below within the City's jurisdiction; and WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone; and WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance with the Pasco Municipal Code provisions relating to the use and development of property situated in the City of Pasco, described as follows: The Northwest quarter of the Northeast quarter of Section 10, Township 9 North,Range 29 East W.M. (Parcel#s 116180410 & 116170029) WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insure compliance with the Pasco Zoning Code, and all other local, state and federal laws relating to the use and development of the above described property; and WHEREAS, the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this concomitant agreement, NOW, THEREFORE, In the event the above-described property is rezoned by the City of Pasco to R-1 (Low Density Residential) and in consideration of that event should it occur, and subject to the terms and conditions hereinafter stated, the applicant does hereby covenant and agree as follows: 1. The Owner(s) promise to comply with all of the terms of the agreement in the event the City, as full consideration herein grants a rezone on the above-described property. 2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement. 3. This agreement shall be binding on their heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 4. Conditions: A. Minimum lot size shall be 8,500 square feet. The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above-described property: Owner: STATE OF WASHINGTON) ) ss, County of Franklin ) On this �� day of 6L V , 2010, before me, the undersigned, duly commissioned and sworn, personally appeared C—� ,Q E L Q -'_ r A to me known to be the individual(s) described above and Ao. executed the within and foregoing instrument as an agent of the owners) of record, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this a day of V11 , 2010, X►Dii,��� Notary Public in and for the tate y`•' ass of Washington residing at 1-ce 5'�c- •'`��OTARy`�' AUg OC4 S i cl .,✓ 10,x• •� �*A fly,26 Zn fJ WAS CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3 REPORT TO PLANNING COMMISSION MASTER FILE NO: Z09-007 APPLICANT: Tom Kidwell HEARING DATE: 12/ 17/2009 2420 W. Court Street ACTION DATE: 1/21/2009 Pasco, WA 99301 BACKGROUND REQUEST: REZONE: Rezone from R-S-1 to R-1 with an agreement to allow a minimum lot size of 8,500 square feet 1. PROPERTY DESCRIPTION: Legal: The Northwest quarter of the Northeast quarter of Section 10, Township 9 North, Range 29 East W.M. General Location: Southeast corner of the future intersection of Road 60 and Power Line Road Property Size: 40 acres 2. ACCESS: The property has access from Three Rivers Drive and Road 60. 3. UTILITIES: Sewer service is located along the southern boundary of the property where Three Rivers Drive will extend to the east. Water service is located at the end of Road 56 and in Three Rivers Drive to the west. 4. LAND USE AND ZONING: The site is currently zoned R-1 (Low Density Residential) and is vacant. Surrounding properties are zoned and developed as follows: North: Franklin County - Farm Land South: Franklin County - Single Family Residences East: R-1 - Single Family Residences West R-S-1 - Farm Land 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for Low-Density Residential uses. This designation encourages the development of single-family homes. The rezone proposal is consistent with the Plan. Goals of the Comprehensive Plan encourage the development of housing for all segments of the city's population along with maintaining a variety of housing (H-1, H-2), 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a Determination of Non-Significance (DNS) in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. 1 ANALYSIS The property in question was annexed to the City in 2006 as part of a larger tract of land. During the annexation process the property was zoned R-S-1 (Suburban Residential - 10,000 square foot minimum lot size). Since the annexation in 2006, 40 acres of the original tract has been selected as a site for the next Pasco middle school. The applicant is in the process of defining the development needs for the site in question and is seeking a rezone from the current R-S-1 (Suburban Residential) zoning to R-1 (Low-Density Residential) zoning with an agreement establishing a minimum lot size of 8,500 square feet rather than the permitted 7,200 square feet. Following final action on the zoning question the O-ATner/developer will submit a preliminary plat conforming to the zoning for the Planning Commission's review. The Comprehensive Plan designation for the site indicates the site should be developed with low density single-family dwellings. Low density, per the Comprehensive Plan means two to five dwelling units per acre. Surrounding subdivisions conform to these density allocations. The Three Rivers Crossing subdivision directly to the west of the site is a planned density development zoned R-1. The average lot size in the Three Rivers Development is 8,500 square feet with a number of lots as small as 5,000 square feet. The Village at Pasco Heights south of Sandifur Parkway (1,400 feet to the south) is being developed with 8,500 square foot lots and the Sunny Meadows subdivision (1,400 feet to the southwest) contains primarily 7,200 square foot lots. Parkside Village within Sunny Meadows is developed with 5,000 square foot lots. The County area directly south of the site is zoned R-S-20 and is subdivided into mostly 1-acre lots. 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 changed conditions in the vicinity which warrant other or additional zoning: • Properties to the west and south continue to develop with lots averaging 8,500 square feet in size. • A new sewer line has been installed through the southern portion of the site from the Three Rivers Crossings subdivision located to the west. • A water line is now located at the north end of Road 56. • The PUD is developing a new electrical feeder north from the Road 52/Argent Substation to accommodate current and future growth north of the freeway east of Road 68. • Sandifur Parkway is now connected from Road 68 to Road 44. 2 There continues to be a market demand for houses in the I-182 Corridor. Permits have been issued for 422 single-family dwellings (approximately 90% of these are in the corridor) during the first eleven months of this vear. • A special permit was issued in 2008 for a new middle school to be located at the north end of Road 52 directly east of the site in question. • Road 52 was extended north of Sandifur Parkway to the north city limits in 2008. • A new church is being built on a seven acre site to the east of Road 52 increasing the urban nature of the area. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The intended character of the area is that of a low density single-family neighborhood. Surrounding neighborhoods within the city to the west and south are developing, or have developed, with lot sizes averaging 8,500 square feet or smaller. The proposed rezone is consistent with the residential character established by these new subdivisions. Rezoning the property will facilitate development that will provide for the construction of Road 60 and Power Line Road. Development will also lead to the extension of utilities. Improvements in the water utility will improve fire safety for the neighboring county area by bringing fire hydrants nearby. The development of arterial streets and improvements in the utility system with improved fire suppression capabilities will advance the health, safety and general welfare of the area around the rezone site. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan: Rezoning the property to low density residential such as R-1 is supported by the Comprehensive Plan and would be considered a proper implementation of the plan. Rezoning the property to R-1 with an 8,500 square foot minimum would be consistent with the zoning in new subdivisions to the south and west of the site. Pasco has experienced substantial growth over the last decade and few neighborhoods west of Road 36 have not been impacted by the growth. A search of the Franklin County Assessor's records in December of 2009 revealed that residential property values for the properties in the County directly north of the Village of Pasco Heights have increased in value since the development of the Village of Pasco Heights with 8,500 square foot lots. According to the Franklin County Assessors records (searched in December 2009) the development of the Ivy Glades subdivision on Court Street has not lowered the value of adjoining large lot subdivisions in the County. This has been the case 3 with all the recent higher density subdivisions built in the City directly adjacent to larger lot County subdivisions. 4. The effect on the property owners if the request is not granted: The developer will have 23 fewer lots on which to spread development costs. 5. The Comprehensive Plan land use designation for the property: The Comprehensive Plan designates the site for Low-Density Residential development. The proposed rezone for R-1 (Low-density Residential) is consistent with the Plan designation. The proposal is also consistent with the land use allocation table of the Comprehensive Plan (Pg. 17) that suggests lands designated low density residential could be rezoned when sewer is available and where land is suitable for homes site. The table also includes R-1 as one of the applicable zoning districts to be applied to low density residential lands. 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 in the Urban Growth Boundary. 2) The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. 3) The site is zoned R-S-I (Suburban Residential). 4) The site is vacant. 5) The Comprehensive Plan designates the site for low density residential uses. 6) Per the Comprehensive Plan low density residential means 2 to 5 dwelling unit per acre. 7) Surrounding subdivisions to the west and south are developing with, or have developed with 8,500 square foot lots. 8) A new sewer line has been installed along the southern boundary of the proposed site. 9) A water line is now located in Road 56 and extends to the north end of Road 56. 4 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 proposal is consistent with the land use map and various Goals (H-1 and H- 2) of the Plan. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. The effect of the proposal will lead to the development of a single-family subdivision with approximately 153 lots. The future subdivision will improve surrounding streets and utilities within the neighborhood, enhancing the availability of utilities to the County area that currently lacks a complete water system with fire hydrants. According to the Franklin County Assessor records, property values for existing single-family units adjacent to nearby subdivisions with 8,500 square foot lots have increased in value since the subdivisions have been developed. The development of the site will require the development and improvement of portions of Power Line Road and Road 60 which will materially benefit the Pasco School District. The Special Permit approval conditions for the middle school required improvements in Power Line Road and on Road 60. (3) There is merit and value in the proposal for the community as a whole. The proposal has merit because it will allow development to occur consistent with the Land Use designation of the Comprehensive Plan. Enabling the property to develop will implement the Comprehensive Plan and promote the community's welfare by the proper extension of streets and utilities. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. Because there is no zoning district with an 8,500 square foot lot minimum the petitioners' application can only be approved with the use of a concomitant agreement. (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 The R-I District permits minimum, lot sizes of 7,200 square feet. The petitioner should enter into an agreement with the city to require all lots to be developed consistent with the 5,500 square foot minimum in the nearby subdivisions. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the January 21, 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 site from R-S-1 to R-1 with a concomitant agreement restricting the minimum lot size to 8,500 square feet. 6 Item: Rezone - R-S- I to R- I Vicinity Applicant: Thom ' Map File Z 09-007 717 SITE �i I 7e ON VIP It WrM y ,,... �r �• a.L" '"'rte aJ 1r�i !/= , •. ._ ~ •,+t� '� 1 » �l 1 Viilr - •.E`t SI .� o•}. :w r ' r' f 1r iRtf lilt/�lk�� w1��lfA//M� �'"�.. •a • ,}t i �• 1 ••. �b'l�f.iylfR//��l�tfS •wrt1H .•►►.!��� 7 »! e, s reu ��� 1 � �I• � ��y�jl4r>�'� �^__��• `�+� °C� �w•�u fR_t�l�j.-��!!T I�����•I'� �• S' _T �y� �,N ..� , � 1 ['� Iris_ .,{�'r ''� r+�..r '�•y�."Il -� .a�#�� � r.�=- �Jl.i iffJi `•�jM`i ♦lt'�.ii�� � k r wJL•� � • .'`�• *IS t � r•„� 1 y J,iR 0 JC�G•6.r'1i •.(• `�j �• y. ��q� X17 *:�'�. ,:^ • ,..alk �ik/Yr �.'c� j4t'Irtirrr�Tllr�.�"�F'"� �y������� � 4" �fIr�'T �, "'C I. �p', i-..� �,� r��i�,�• .. r ,� •. y ..�.+'�y�"'��'� .1�_Q>'.ilj��1 Li.�i ,> ��'��•' .►��~y! J• :'i+!f�r'�� 1�_�•� tf� �, :t.J. � Jr`. 1 Lr. v �rT J+i6.'..1L:•t�� •si dflL•�y:i caiJ•:,� ti. '� ,� ... J�kYx��t►�oY ,VA F ".Y ps yra�w.a _".+IS• 1``�� �! .J fi}}��i>`iw(>♦: .:7iiifii.�Jt•7i-el/f.`r:ila. �.'� Ot I y r° jam_ ► `J _'� a �r- y�1. f Ili.se �*... - -- _ _ '�."6" ,r ��, �'��� ....w A 41 A+,•,. '•niL 7C• �,•7 Land Item: Rezone - R-S- I to R- I Use Applicant: T / f Kidwell Map File #: Z 09-007 Farming (County) Farming ki ■ ■!! Vacant ._tea■ -.,�:■_ ■�■w' ` ■■;,.OF,=■� ;�a f�1 ■= �,t.�..�Ri ■■■�_ oil � * �■ ■ ■ � ♦ ■ 1, "..��..-�= �����_ .. .7: a son" sonsmom logo Moo goal NO 11611 son •� ■ %■1111�� raa mom Item: Rezone - R-S- I to R- 1 Zon'ng A Plicant Map File 09-007 kRwi AP=20 (County) Y) (Count ilt R=S=11PUD I h RS-20 ■�1 � �� �s■■■■,Cr L i, 1■ rr II■■�°�1►�" .��■li d RAN (Count a•L...,,i . Eno long ■■■■■■■ - 111111!!1 ■ iw�� r / p C1 M�11 �rI� �.:— ��� ■':'.�- �iiw••!C=-:�•�;��� ■� l�1, 1111.,�•,�" � ■ ' • 1 1''" ♦ ■ �l1111U1= a•.•n.: �■■■■■ �1��� IN ���� 0j.001 i 3 ♦♦ IYIN. =: ■vt■ �■r■ •: 1all■. ■■■r ■f■■■■■ ■�yll����■ r r� ■■■ ■■r ♦♦ ♦♦♦♦�■ !!!A ■V■"� !�!� JII/ ss■■E=�fir■■�� r .� � r���ur�,� ��♦ ♦6• � ►.�: ..,. •:. , atsn■ rirsu, ■ �■ rrr� ' +►��►�#i` � �Mfl111 ■a ■'■■ni ONE IN ' �Il�illii� =�s � w�'� . m■ r. , _ �!.,�:,f►� �'' FYI �u ■ ■■ ■■s �� .//jf11r■.{iirn e ♦ �� ♦ � ♦'� ,►�� �� NII ■{N' !!A r � r rrn■■i�Yiiiiio ■ ■ r■a�■■��■■i�i'iiri r�♦1► � �/� i� � •hif"♦����*_,�,= t t•�- =�es�s■QI IY�i 111 r��rw�% 1 �! =- i if Mae a■I i ii �� Planning Commission Minutes 12/17/09 A. REZONE Rezone from R-S-1 (Suburban Residentiall to R-1 ILow Density Residential) (Thomas Kidwell) (40 acres located at the SE corner of the future extension of Road 60 and Power Line Road) IMF# Z09-007 Chairman Samuel read the master file number and asked for comments from staff. Staff briefly reviewed the items contained in the staff report. Thomas Kidwell, 4320 Riverhaven, was present to speak in favor of the rezone. Mr. Kidwell pointed out the lots in the subdivision to the west were 8,500 square feet with some as small as 5,000 square feet. Mr. Kidwell also noted the 8,500 square foot lots in the Village of Pasco Heights and the 7,200 square foot lots in the Sunny Meadows subdivision. Mr. Kidwell's was requesting that the zoning on his property be changed R-S-1 to R-1 with a minimum lot size of 8,500 square feet. Chairman Samuel questioned Mr. Kidwell on his estimate when construction will begin. Mr. Kidwell stated building would begin in 2010. He further mentioned that a sewer line had already been extended through the site. Chairman Samuel opened the public hearing. Sandra Payne, 5926 Road 58, stated when the sewer line went in, she had to change her filters in her well every two weeks due to the heavy equipment. She was concerned about the impacts of new construction on her well. Barbara Chaney, 5903 Road 58, stated she had to have 1-acre of property and was concerned about the impact on her well from the development of 4 houses per acre on the proposed site. She is also concerned about impact to her septic tank. Chairman Samuel asked if Mrs. Chaney was opposed to the rezone. Mrs. Chaney stated yes that was correct. Kim Brown, 5916 Road 58, asked if a block wall fence would be installed along the property line. She was concerned about people walking through her property and bothering her horses. She preferred keeping Road 58 as a cul-de- sac. Charles Dick, 5823 Road 58, stated he was not in favor of traffic going through on Road 58. Chairman Samuel summarized the concerns related to the need for a block wall, impacts to wells, number of houses per acre, and Road 58 to remaining as a cul-de-sac. Rick White, Community 8v Economic Development Director stated complete design details are unknown; however the fencing standard mentions a block wall/ fence, the density issue is a .matter for the Planning Commission to decide. Chairman Samuel questioned the concern for the wells in the area. Mr. White further stated they would contact the Public Works department, concerning the wells, to provide some considerations for the Commission. Chairman Samuel asked about plans to extend Road 58. Dave McDonald, City Planner stated staff had reviewed a couple of variations for the layout of the streets and Road 58 is not planned to connect. There has been some coordination with the County Road Department to make sure Road 58 remains as it is. Mr. Kidwell stated they are not anticipating extending Road 58. Improvements for Road 56 are expected. Commissioner Little asked Mr. Kidwell if sewer needed to be installed wouldn't they need to dig more than 4 feet. Mr. Kidwell stated yes, but those properties would be to the north of the sewer line and will be about 8 feet deep. Chairman Samuel closed the public hearing. Commissioner Anderson moved, seconded by Commissioner Hay, to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation for the City Council for the January 21, 2010 meeting. The motion passed unanimously. Planning Commission Minutes 1/21/10 A. REZONE Rezone from R-S-1 (Suburban Residential) to R-1 (Low Density Residential) (Thomas Kidwell) (40 acres located at the SE corner of the future extension of Road 60 and Power Line Road) (MF# Z09-007) Chairman Samuel read the Master File number and explained the proposed rezone had been reviewed during a public hearing in December. The Chairman asked if staff had any additional comments. There were no additional comments. Commissioner Hay moved, seconded by Commissioner Anderson, to adopt the findings of fact. and conclusions therefrom as contained in the January 21, 2010 staff report. The motion was unanimously approved. Commissioner Hay moved, seconded by Commissioner Anderson, based on the adopted findings of fact and conclusions therefrom the Planning Commission recommend the City Council rezone the site from R-S-1 to R-1 with a concomitant agreement restricting the minimum lot size to 8,500 square feet. The motion was unanimously approved. Staff explained the appeal process for the audience. AGENDA REPORT FOR: City Council January 28, 2010 TO: Gary Crutchfield, Cit ager Regular Mtg.: 2/1A0 Rick White, Community& Economic Development Director FROM: Shane O'Neill, Planner I SUBJECT: SPECIAL PERMIT (MF# SP09-009): Pasco High School Classroom and Locker Room Addition in an R-1 Zone Pasco School District I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Planning Commission Report 4. Planning Commission Minutes: Dated 12/17/09 and 1;21/10 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 2 11: MOTION: 1 move to approve Resolution No. , approving the special permit for the classroom and locker room addition to the Pasco High School. III. FISCAL IMPACT: NONE IV. HISTORY AND FAC'T'S BRIEF: A. On December 17, 2009, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit be granted for a the addition of classrooms and locker rooms at the Pasco High School. 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 addition to Pasco High School. C. The recommended conditions are contained in the attached Resolution. D. No written appeal of the Planning Commission's recommendation has been received. 8(b) • Item: Special Permit - Locker Room Add' Vicinity • Applicant: Pasco School District N Mai File #: SP o9-009 . w�,. _.i; �� r+.�f� i�r. � ,�;,,.� � r - �_ � F •• ,1' r—. {,., /{�`^ "� _-�..--- f•�`` �'1 1 +�, T �. f • ' -` i i e �' I '''f ' '��. , . `4 rriTS 4, 5 .„ rk'i1" =>, ry';{ , �M ~ -w! :�r, �ii^^1�,7 �1}�• ir'f.••i �� 1 Arai 1r ,l jr URrSST• a ds i ��'^a�"��� -fir•�•� � 1:;� `; «•�1Cr ��t' r � � ,___` 1 „L t �T� Gy •"4" "der - _ ,l- �r`' �"�!'f 'i �1 � w'f ni. ..�� � e-` _�� � ' _ k��.. •r'r�` .�'V1�• �� ,1�.7� �� l��rd. SIT .1 S-4 Er ST w ' ►s- _ z -u� t ; � sr i� `S'F-- it ,� •t • r• � irl, A,' _ i r � „L �w�af'�ibi�����•ed�-�_•-'/Rb� w � � ��•�� r ' • • r �e 1 � .r•• �,, ti ....1' '/.t �., r.� RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR A CLASSROOM AND LOCKER ROOM ADDITION AT THE PASCO HIGH SCHOOL WHEREAS, the Pasco School District submitted an application for a Special Pennit for a classroom and locker room addition at the Pasco High School; and, WHEREAS, the Planning Commission held a public hearing on December 17, 2009 to review the proposed classroom and locker room addition; and, WHEREAS, following deliberations on January 21, 2010 the Planning Commission recommended approval of a Special Perinit for the classroom and locker room addition to the Pasco High School 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 the Pasco School District for a classroom and locker room addition at the Pasco High School under Master File# SP 09-009 with the following conditions: a) The special permit shall be personal to the applicant; b) The addition shall be completed in substantial conformance with the site plan submitted with the application; C) The School District must comply with all requirements of the International Building Code for occupancy prior to occupancy of the addition; d) The addition, including entrances and restrooms, must be ADA/handicap- compliant prior to occupancy; e) Occupancy of the addition for school purposes will not be permitted until the School District complies with all conditions listed herein; f) The special permit shall be null and void if a building permit has not been obtained for necessary improvements by December 1, 2010. Passed by the City Council of the City of Pasco this I st day of February, 2010 Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 09-009 APPLICANT: Pasco School District HEARING DATE: 12/ 17/2009 1215 West Lewis Street ACTION DATE: 1/21/2010 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Locker room/classroom addition to Pasco High School 1. PROPERTY DESCRIPTION: Legal: Sylvester's 3rd Addition All Blocks 1 through 8 General Location: 1108 N. 101 Avenue Property Size; 1,466,902 square feet (33.68 acres) 2. ACCESS: The site is accessible from 10th Avenue, Henry Street and 14t" Avenue. 3. UTILITIES: All municipal utilities are available to the site from 10th Avenue, Henry Street, 14th Avenue and Court Street. 4. LAND USE AND ZONING: The site is currently zoned R-1 (Low Density Residential) and contains Pasco High School. Surrounding properties are zoned and developed as follows: North: C-1 & R-3 '- Single Family Residence, Churches and Retail Businesses South: R-1 - Single Family Residences East: R-1 - Single Family Residences & a Church West: R-1 & "O" - Single Family Residences 8s Medical Clinic 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Public/Quasi-Public uses. Plan Policy LU-2-B encourages the support of existing educational services through coordination with the service provider, Plan Goal CF-5 also encourages the provision of educational facilities throughout the community. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of non-significance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS Pasco School District is proposing to add approximately 4,200 square feet of classroom and locker room space on the west end of the existing competition gymnasium. The proposed addition is a modification to the previously approved site plan for the high school. High schools are listed as unclassified uses in the Pasco Municipal Code (Zoning, Title 25). Unclassified uses may be permitted in any zoning district following a review through the Special Permit process. The Pasco High School has been located at the northwest corner of 10th Avenue and West Henry Street for over 35 years and has been the subject of several special permit hearings over the years. The neighborhood surrounding the high school is fully developed. An on-line search of the Franklin County Assessors records (December 2, 2009) revealed that values of residential properties located across Henry Street and on 10th Avenue from the Pasco High School have maintained value or appreciated in value. The high school site is fully developed and does not require improvements to the surrounding infrastructure. Any improvements needed for on-site infrastructure, the moving of water lines on-site and/or street repairs associated with construction activities shall be the responsibility of the School District. 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 in the Pasco Urban Growth Boundary, 2. The Urban Growth Boundary identifies where urban growth is to occur in Franklin County. 3. The site is within the City limits of Pasco. 4. The site is bounded on all sides by public streets. 5. The Comprehensive Plan designates the site for Public/Quasi-Public uses. 6. The Pasco High School site is fully developed with surrounding infrastructure in place. 7. The site is zoned R-1 (Low Density Residential). S. Schools are considered Public/Quasi-Public uses in the Comprehensive Plan. 2 9. High schools are unclassified uses that require review through the special permit process prior to permitting for construction. 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? The Comprehensive Plan designates the site for Public/Quasi-Public uses and schools are considered Public/Quasi-Public uses in the Comprehensive Plan. The proposal is consistent with the Plan. 2) Will the proposed use adversely affect public infrastructure? The Pasco High School site is fully developed. Surrounding streets and utilities have been in place for many years. These utilities have been sized to accommodate the needs of the high school, 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The Pasco High School has been located at the northwest corner of Henry Street and 10th Avenue for over 35 years. Single family houses, churches and businesses have all developed around the high school. The high school is a major part of the general character of the neighborhood. 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 neighborhoods surrounding the Pasco High School are fully developed. An on-line search of the County Assessors property records indicates property values near the Pasco High School have increased in recent years. The proposed addition is approximately twenty (20) feet in height and will be functionally incorporated into the high school campus. 5) WiII 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 addition to the Pasco High School will not increase the student population at the high school. The addition simply improves the facility for existing students. The addition will not cause the school to generate more traffic than is currently being generated by the school. With the opening of the new high school on Argent Road student enrollment at the Pasco High School has significantly decrease. The Pasco High School has a long history of being part of the neighborhood in which it is located. 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 high school addition will be constructed to meet all requirements of the International Building Code, the adopted Fire Code, the adopted Plumbing Code and all other construction codes and state regulations pertaining to high school construction. The building will be required to have fire rated corridors, sufficient exiting and fire sprinkler systems to insure the safety of the public. Schools have a long history of acceptance in residential neighborhoods. In most communities schools including high school are located in or near residential neighborhoods. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the January 21, 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 Pasco School District for the expansion of the Pasco High School gymnasium and locker room with the following conditions: APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant; 2) The addition shall be completed in substantial conformance with the site plan submitted with the application; 3) The School District must comply with all requirements of the International Building Code for occupancy prior to occupancy of the addition; 4) The addition, including entrances and restrooms, must be ADA/handicap-compliant prior to occupancy; 4 5) Occupancy of the addition for school purposes will not be permitted until the School District complies with all conditions listed herein; 6) The special permit shall be null and void if a building permit has not been obtained for necessary improvements by December 1, 2010. 5 • Item:. Special Permit - Locker Room. Add'.Vicinity . Appicant: Pasco School District Map • File #: SP 09-009 - .i .r �4+r A ,"fir;.�r,•,�r,,�, --w�. 4�, •_ -T 7Y 1 } r tt. � � a. r.�":�'- • .� ' 1 !•_ .t6 .: x `7! i� �''ir-�_-1'c�' ••} ''.•E .E.� t� ,' .� -� V'.�li„ �.i YR:. zip ui - .q - "��•'i ;Q % Q}r.w.'rt�T4' t i.is.V+1�'rw;. - � i� �<c- 1 �. •1=1 • w��w � �'�.+a►�=1nPi 'rw �y YY !!T_ � ��•,^� _ , jr ! -R1"ST - ,S �... 1•�• �S x^. , t t Boo .? is � r �' `., _ ' •r;�� �� i�-�"]��'ij',�'�.t � �. r �`av �� 1' r �} Jr � r� iulr�i�_ _ jY._ •'�I iJ�. � �' �. t-T SITE _ -r 51e,_ MO ..�.� =tmw� kw _ ......... Land Item: Special Locker Room Add' Use Applicant: Pasco School District Map— File SP 09-009 C :� :� �■ ■ ■ � „ �■ 11111■!. C _ 011111 Ell■'� 1 i�� . ■1 1■ ■11■ ■ ! INN■ ■ iii C 111011 NINNIE ■. . ■� •• 11111111 11111 I�■� NO 11111111 IIII! 11111111 ■11111■ X11111 11111 ■ ■ 11 �■ 1111..1 11111111 ■�■� _:�. .- 1111 ���� 111111111 II11111111 ■��r 11111111 IIIIIIII Ion� Schools/ 111111 111111111 ■■■ 111■�11 �■111■ it 111111111..=.. 1111111111 ■i■111 11■VIII 11111� Ifll�l 1� 111111111 1111111111 11111 11111111 1■ ■ 1 Item:. Spec at Penn-it - Locker &, oom Zoning Applicant Pasco School District Map File #: SP 09-009 ME MEN! MIN r�r � ��■111■1�1�'11 �� I� _ � � . ■■IIII■ �■:��■ ■® ' :■ Ills 1 1111 ■■� :� C S �. milli . _ ,����� !1111111 Illlf l■�■■■ MENEM 11111111 11111 I■■III ■■■■■�■ C - 11111111 ■11111■ ■11111 III ■ . ■ 111111 - 1 11111111 H III . 11111111 . 1 ��► �, �■ - � �■111.. 11111111 ■■ ' ..;' is■■■ 111111111■ 1111111111 ■■■ 11111111 IIIIIIII ■■I �11111� 1111111111 .�■�■1 111■III BIII■ � I� �IIIfAI 111111111 . 1111111111 ■�■111 11��111 111111 . I■ 111/11111 1111111111 X111111 11111111 1111■ C � t {111111{I{1l{lllllll11111/fl{r ' - • •� ' ~ � 11111111 i11i1111111111 111111 'Il i • �� {/111/11 Illll{1/1/1/1 1111/// ILM � ° `� � • • �'"°- • - • • - '� '� '� '� �. � .�, � �• n M 111111�1l111111111111111111111� 9NIM•3 .. •. ' IIIIIIIIII/1/IIllI1/I//f/1/111 •° �•.9NIM'�G '. : ,®v � _ :.�' ®�-. - :- ",;; 111111111111l11l1111111\111111 , a • . NI►v�3. . uoRIppb► pasodoad s 16NIM V::.;... . on r r -4alH�Ard 9Nii1%3 � v � U I as 1F.7N,�5 lilno�1584 . 4 N � m19 � _ o � M 132' y o m e. -n 0t E 1 14 1 HIM ---__- 0 0 � O .L U' 3 � X o E o �, n m Planning Commission Minutes 12/ 17/09 A. Special Permit Addition of a classroom and locker room at Pasco High School (Pasco School District) (1102 N. loth Avenuel (MF# SPO9-009 Chairman Samuel read the master file number and asked for comments from staff. Staff briefly reviewed the staff report. Kim Marsh, Pasco School District, 1215 W. Lewis Street explained there were major renovation taking place on the high school gym due to damaged trusses. The district is proposing to extend the school building west of the gym by adding locker rooms and two additional health rooms. Chairman Samuel asked if there would be any impact on parking or traffic patterns or pedestrian walking due to the request. Mr. Marsh stated they would lose 4 parking spaces which are used for early morning gym users. Chairman Samuel opened the public hearing and after three calls and no response, the public hearing was closed. Commissioner Little moved, seconded by Commissioner Kempf, to close the hearing on the proposed Pasco High School addition and initiate deliberations and schedule adoptions of the finding of facts, conclusions and recommendation to City Council for the January 21, 2010 meeting. The motion passed unanimously. Planning Commission Minutes 1/21/10 A. SPECIAL PERMPI` Addition of a classroom and locker room at Pasco High School (Pasco School District (1102 N 10th Avenue) (MF# SP09-0091 Chairman Samuel read the Master File number and explained the proposed rezone had been reviewed during a public hearing in December. The Chairman asked if staff had any additional comments. There were no additional comments. Commissioner Cruz moved, seconded by Commissioner Kempf, to adopt the findings of fact and conclusions therefrom as contained in the January 21, 2010 staff report. Commissioner Cruz moved, seconded by Commissioner Kempf, based on the adopted findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to the Pasco School District for the expansion of the Pasco High School gymnasium and locker room with the following conditions: Staff explained the appeal process for the audience. AGENDA REPORT FOR: City Council January 26, 2010 5 TO: Gary Crutchfiel Manager Regular Mtg.: 2/1/10 Rick White, Community& Economic Development Director FROM: Shane O'Neill, Planner I SUBJECT: SPECIAL PERMIT (APPEAL MF# SP09-008): Location of a pre-school in an R-S-20 Zone (Faith Assembly Imagination Studios) I. REFERENCE(S): 1. Vicinity Map 2. Binder containing the Hearing Record's * (Council packets only; copies available for public review in the Planning office, the Pasco Library or on the Citv's webpage at http://www.pasco- wa.gov/generalinfo/c,itycouncilreports) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: A. CONDUCT A CLOSED RECORD HEARING Motion: I move to remand the appeal of MF#SP09-008 to the Planning Commission to consider the traffic impacts of the estimated number of students, any applicable limitations on the number of students or school operations and to develop findings of fact as appropriate. FISCAL IMPACT: NONE III. HISTORY AND FACTS BRIEF: A. On November 19, 2009, the Planning Commission conducted a public hearing to determine whether or not to recommend a special pen-nit be granted for a daycare/pre-school in the Faith Assembly Church at 1800 Road 72. B. Following conduct of the public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special pen-nit for a pre-school at the Faith Assembly Church in an R-S-20 district. C. A neighboring property owner tiled a written appeal of the Planning Commission's recommendation. City Council set a Closed Record Hearing for February 1, 2010. IV. DISCUSSION: A. Consideration of an appeal occurs in the form of a "Closed Record Hearing" consisting of the written record of the special permit application including testimony and the Planning Commission's deliberations. B. In this appeal, the record does not contain a detailed breakdown of the traffic impacts of the proposal based on the applicant's testimony. In that testimony at the November 19 open record hearing, the applicant indicated that the total 10(a) enrollment of the preschool is approximately 85 students - with that number divided into two different attendance schedules. Staff analysis of traffic impacts was based on enrollment figures far less — 18 students. 1n order to adequately consider traffic impacts, any appropriate limitations of students or school operations and to develop proper findings of fact; staff recommends that City Council remand this appeal to the Planning Commission. C. If Council selects an option other than a remand to the Planning Commission, staff recommends the matter be tabled to the February 16, 2010 meeting to allow for preparation of Findings and/or a Resolution with appropriate conditions. Special Permit - Preschool Item.. Vicinity Applicant: Imagination Studios N Map File SP 09-008 +• �, i �r. - s « fns ME � . '� /; - •.aa_ � _ •""'s'� —,fir.�_ --° - - '"`'',-. �^ ���Mk°LN 1/t ' *`•t SRS �'- • i f / �- a- L X11 ,. i �, .. � �� t' i�'(�}I�J ((( � � =�';•` :�A� �-tit� ri' k�;�jyoT•!`-o• •j 29 �� •,�� 1�1�.�!�i � 'YF''1��1�1i� .�'a ��. 7 '�,Z+;•�-Y�►'• �l�-����l �,.w,{r�l•S►•=.; 1!�A� �. ��.";1��� � '�• �' �' 1�• AGENDA REPORT NO. 01 FOR: City Council January 6, 2010 TO: Gary Crutchfi anager FROM: Robert J. Albertsi 'orks Director Workshop Mtg.: 01/25/10 Regular Mtg.: 02/01/10 SUBJFCT: Lewis Street Land Acquisition/Relocation Services I. REFERENCE(S): 1. Vicinity Map 2. Agreement II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 01/25: Discussion 02/01: MOTION; I move to accept the agreement from HDR Engineering for the land acquisition and relocation services for the Lewis Street Overpass project. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In 2000 Council passed Resolution 2532 adopting the planned location for a new overpass at Lewis Street, B) On July 21, 2008 the Council approved an Agreement with CH2MH1l1 for pre- design services. C) On March 2, 2009 the Council approved an Agreement with CH2MHill to perform the NEPA environmental document for the Lewis Street Overpass proj ect. D) In 2009 the Washington State Department of Transportation (WSDOT) budget provided $3.0 million for the Lewis Street Overpass project. E) In November of 2009 the City received notice that $750,000 has been allocated for the Lewis Street Overpass Project in the Federal Transportation Bill. V. DISCUSSION: The next two (2) phases for the Lewis Street Overpass project is for land acquisition and the actual design services for the overpass. Approximately $4.0 million has been secured to date for these two phases. Staff anticipates additional funds will be needed in the next 18 months once the costs are better defined. The proposed agreement with HDR Engineering is for the land acquisition and relocation services for the Lewis Street Overpass project. Approximately 26 parcels need to be acquired. The proposed services would be on a time and material basis not to exceed $442,000. The fee does not include the actual land acquisition or relocations costs. Staff is anticipating these costs to be $2.0 million or less. The actual costs will not be known until after the services being provided by HDR Engineering is completed. The land acquisition and relocation work must be performed in strict accordance to federal guidelines and by approved specialists in this field. This limits the 10(b) options to the City. HDR Engineering is the only firm with a local office which has the qualified staff and experience to perform this work. The firm is also willing to commit their resources to complete the work in as short a time frame as possible. The other options are to contract with firms outside the area or with the State directly. In reviewing the option with the State, staff concluded the process most likely would take longer and the final costs would most likely be the same. The acquisition cost will be paid out of the $3.0 million WSDOT funds and need to be spent within the next 18 months. Staff believes that the HDR Engineering proposal is the best option and recommends Council approve the Mayor to sign the contract. LEWIS STREET OVERPASS +•s '� �, �""� �" .� r�+•S; `�`i s�'R;,j'{.�r�� v � _r �r�s �` tt � �r �.�• ��y�;.� �'�• .�'-f �M Q*:.— ��{:l � ti i� _f:- �• � :. ly::i• p •.� i •. �._ rw:. t'`f'�' �•� ir,E �— •.� �� ,� , Ai' 4 ti ,�, t��� 'Ar*� r� .C�'!..!F'•`.. .• Qli`� �� '� ���,. l • i ' �FYl siv � ., ,��,L• pr 441 �, !' 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',r �+ f. � , ,�;f � c .' ..✓ �•• �„ ' � •1 f•� •!� �r�.�$.��k� �{ jaw "t f _ ,,. }: ` n t �•ra _. -•r a.,,;• r. �ri - �� ,4� f . ice'- ••x/'"= �„► � 21��.'���-,f.. � .- s _ *' 3 t i Nnl' ..+-_ �.r .•�� ��; . xt' /. i 1 `• * y - i i`a� yxsi{ s ..y'�� 5i'� Y �� � r _+� `�\\\� _ -- - •• � 7 ••i � •� l+a� ��• �1 •� may^ • 'i l� _4 :i, C�� ... �i••�+^�' "3�• •"w•n� ... .fir•:.-. ' �. .s� •i C '�� �.✓�C•f � ,..- - �jFP It.` '�t� i- �ls'}' A� lip; -'"• ��p�e s• `�•���j,`Ta` L"' � � ° .. '�+ � +�� '�3 tiJ`f6-"�� � �.y •�1•�.�.' �i�,l�-} { r:�.:F ��k PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and HIaR 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 land acquisition and relocation services with respect to the Lewis Street Overpass project. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scove of w ,. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Exhibit A. 2. Ownership and use of docurner►ts. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not. be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date becorne public recnrds. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be 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 $442,000 without approval from the City. 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 gL pSMrmanee. The Consultant shall perform the work authorized by this Agreement promptly and strive to have all work completed within 16 months. 5. )Bold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers. agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indcmnitecs from: A. All damages or liability of any character including in part costs, expenses and nttorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services under this Agreement, or from conditions created by the Consultant. performance or non-performance of said work or service. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall narne the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. S. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City-- approva.). Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the C itv. 10. Termination. This being an Agreement for professional. services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration, The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto, These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 1'). Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence, Should any dispute arise conceming the enforcement, breach or interpretation of this Agreement, venuc shall be placed in Franklin County, Washington, the laws of the State of'Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs. 16. Notices. Notices to the City of Pasco shall be sent to the following address; City of Pasco P. O. Boy;293 Pasco,WA 99301 Notices to the Consultant shall be sent to the following address: 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. snails, with proper postage and properly addressed. DATED THIS DAY OF -.12010. CITY OF PASCO CONSULTANT: By: lay: Joyce Olson, Mayor Signature, Printed Name and Title ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney PROPOSAL CITY OF PASCO LEWIS STREET OVERCROSSING WORK PLAN APPROACH We look forward to tailoring specific processes to comply with the City's policy, procedure, and preferences. The success of a project often hinges on the planning effort at the front end. Our managers believe in comprehensive planning before negotiations commence. Our project managers will plan and manage the right-of-way services for this project. Our managers have years of experience coordinating with governmental agencies, and will strategize and coordinate the project thoroughly from the beginning, including all scheduled steps to make certain all Federal and State guidelines are followed. The project team will work closely with the City to develop or refine acquisition, relocation and survey plans, including a detailed schedule with specific tasks and assignments based upon a detailed Scope of Work. During the planning period, systems will be set up in accordance with the City preferences, and all team members will learn their roles and responsibilities in the context of the project, as well as the City's expectations. All team members will also become familiar with the City's internal processes, as well as the City's right-of-way policy and procedures manual. A system of communications will be established. A meeting schedule will be set-up at the beginning of the planning stages, and meetings will occur regularly to keep the project on track. We are confident that we can achieve all project goals through up-front planning to streamline the acquisition and relocation processes. The HDR project managers, in coordination and conjunction with the City Project Manager, will develop acquisition and relocation plans with defined process, reporting, and formatting structures that provide guidance to the right of way team, HDR will provide an experienced team of talented professionals who will work together to find targeted solutions and achieve City goals. HDR agents have experience working on acquisition and relocation projects requiring compliance with the Uniform Act, and in particular with FHWA regulations. HDR requires agents to maintain detailed time records and diaries, and adopts internal procedures, policies, and standards to match specific client requirements and demands. Strong priorities are professionalism, client confidentiality, and highest quality service which exceeds expectations. As your Right of Way Consultant, we perceive that our main functions will be: (1) To ensure that all work is performed according to City direction and preferences (2) To manage the contract, budget and schedule (3) To manage data according to City preferences (4) To ensure follow-through on our team's commitments. HDR manages its own subconsultants and provides all necessary acquisition and relocation services, document tracking and management services. HDR's managers will work closely with the City's Project Managers to discover ways to provide assistance, offer recommendations whenever challenges are presented, and to check in on progress and satisfaction with HDR performance. Specific tasks performed by our HDR project managers include: • Meet with City Project Managers, project design teams, right of way team members and sub consultants to ensure compliance with City policies and procedures and State and federal requirements for funding, to ensure project is on schedule and within budget, to manage QA/CLC issues and to report on project progress and resolve specific issues and problems. We anticipate three in-person meetings. • Attend up to six project meetings • Monitor and update the project schedule as it relates to right-of-way acquisition and relocation • Attend up to two public meetings • Prepare a Right-of-way Appraisal Acquisition Plan, if necessary • Prepare and maintain tracking and status documents in a form satisfactory to the City • Prepare agendas and meeting minutes for all meetings involving Right of Way personnel The following section describes our proposed work plan for completing tasks that we anticipate would be identified in a detailed Scope of Work. ACTIVITIES TO BE UNDERTAKEN IN COMPLETING THE PROJECT Following are the activities that HDR would undertake sequentially and/or concurrently to complete a Scope of Work for the City of Pasco Lewis Street Overcrossing Project. Our present understanding is that a Scope of Work for right-of-way services for the Lewis Street Overcrossing Project for the City of Pasco would include acquisition and negotiation, relocation assistance, right-of-way certification. All acquisitions and relocations would be performed in accordance with Federal Laws, State Laws, and local requirements and procedures. Task 1-Title • Review title reports obtained by the City of Pasco and prepare a report for each parcel recommending which exceptions should be retained and which cleared • Prepare draft legal documents to convey the necessary interests for review and approval by City legal counsel. Task 2-Appraisals for up to 25 parcels with 15 owners, not including City owned properties • Contract an acceptable and qualified appraisal firm and manage the appraisal process • Prepare a Project Funding Estimate conforming to WSDOT LAG standards using available public information and records and comparable sales data gathered in the appraisal process • Prepare Administrative Offer Summaries for uncomplicated, low cost acquisitions in compliance with approved WSDOT standards for the City of Pasco • Coordinate the format, appraisal problem, and timeline for the necessary appraisals with the appraisal subcontractor from the outset to maintain project schedule • Provide title information and exhibit maps identifying each acquisition to appraisal subcontractor fortheir use in appraising each parcel • Ensure that all appraisals meet state and federal requirements • I=nsure that all appraisals meet requirements to be acceptable for use in eminent domain proceedings Task 3-Appraisal Review for up to 25 parcels with 15 owners, not including City owned properties • Contract an acceptable and qualified appraisal reviewer and manage the appraisal review process for 15 appraisals • Forward completed appraisals to review appraiser in coordination with the project schedule • Prepare Determination of Value for the City's review and signature Task 4-Acquisition & Negotiation for up to 25 parcels with 15 owners, not including City owned properties • Prepare offer letters and all other acquisition documents in compliance with State and Federal Laws, utilizing forms approved by the City, for up to 15 separate owners on 25 parcels • Coordinate the appraisal inspection with the appraiser, property owner and tenants to identify what is real property and personal property and establish ownership of each for appraisal acquisition and relocation purposes • Present all offers in person, when feasible • Make a maximum of 4 significant personal contacts with each owner with the intent of reaching settlement for the conveyance of the property rights needed • Manage the closing process for each acquired parcel including title clearance assistance, processing of signed documents and facilitating payments • Prepare condemnation packages as required for transmittal to the City legal counsel when negotiations have reached an impasse • Maintain current and detailed negotiator's logs for each parcel • Provide a Negotiator's Disclaimer for each parcel upon transmittal • Prepare organized closing packages containing all pertinent documents and forms for transmittal Task 5-Relocation Plan for up to 15 displaced businesses, NPOs and landlords • Interview each identified displaced person, business, public agency or owner of personal property to ascertain their needs, issues, operational circumstances and concerns • Prepare appropriate documentation of all interviews using City approved forms and formats • Prepare a Relocation Plan including, but not limited to, identifying all displaced parties and their needs, discussing present living or operational situations, identifying potential relocation problems and suggesting solutions, researching appropriate real estate markets and associated information for available replacement housing or commercial sites, discussing the availability of adequate replacement housing or sites, and estimating relocation costs • Submit a completed Relocation Plan, together with photos and completed relocation interview forms, to the City for review and approval • Assure Relocation Plan is submitted to WSDOT for review and approval Task 6- Relocation Assistance for up to 15 displaced businesses, NPOs and landlords • Prepare and deliver all required relocation notices including at least General Notices, Eligibility Notices and 90 Day Assurances • Provide ongoing and appropriate relocation advisory services to all displaced parties to industry standards • Provide relocation assistance services to displaced parties including, but not limited to, calculations of relocation payments, assistance with filing claims and move monitoring • Provide complete file and documentation upon completion of each relocation case Task 7-Certification • Provide certification memo, quality control review of all acquisition and relocation files and attend WSDOT certification review, if needed In addition, HDR could provide additional services to the City of Pasco as described below. Any such additional services would have to be considered as additions to the proposed general scope of work described above and are not included in the attached cost estimate. Other Right-of-Way Support Services • Manage the process to provide surveys and prepare right-of-way plats and legal descriptions as required • Manage the process to provide environmental services for Phase I and possible Phase it Environmental Assessments to assist in the valuation of properties • Assist in securing and managing construction subcontractor to perform curative work as required • Provide services for the relocation of utilities needing to be moved for the project • Provide security and property management assistance, including patrolling, fencing and boarding-up of various City properties • Provide Spanish translation services • Provide a secured, online project tracking database with customized information for the client • Provide additional assistance for acquisition and/or relocation cases for owners and displacements that have extraordinary situations due to unfavorable credit, criminal histories and disability challenges that will require more than industry standard efforts • Estimate and scope assumes standard commercial appraisals. Additional appraisal work and expert witness fees are billed separately as additional support services Cost Estimate for Services An estimate for HDR Engineering to provide complete right of way acquisition and relocation services for the City of Pasco Lewis Street Overcrossing Project is attached hereto as Exhibit "A". This estimate provides a full service of right of way tasks and costs for delivery of your proposed project. Exhibit"A" 1HDR Engineering,_Inc. 111412010 2010 Fully Burdened Hourly Rates City of Pasco Total Total Estimated Loaded APPRAISAL ACQUISMONI RELOCATION RELOCATION Estimated Labor ,Employee Category Hourly Role TITLE APPRAISAL REVIEW NEGOTIATION PLAN SERVICES CERTIFICATION Hours Cost relocation Project Manager 200,15 30 100 25 155.00 31,022.94 Acquisition Pro ect Mana er 268.44 10 5 60 75.00 20,133.36 Sr, Agent 107.53 1051 45 151 360 525.00 56,450.94 Sr.Relocation Specialist 112.15 125 250 375.00 42 057.60 Relocation Specialist 82.59 1761 575 750.00 61,939.80 ROW Tech/Belo Coordinator 79.39 200 15 151 450 501 350 150 1,230.00 97,654.13 Project Controller 1 92.16 50 50 100.00 9,216.48 27,168.91 8,714,00 4,146.01 95,151.26 38,445,94 127,936.38 16,912.74 3,210.00 318,475.25 318,475.25 Expense -- Meals(180 days 46.00 per day) 8,280.DO I Lod in ISO days;70.00 per day) 12,600.00 Mileage 18,000 @'.55/mile) _ 9,900.00 Black and White copies 5000 .10 each 500.00 Color copies(1000;.75 each) 750.00 Mail and Express 500.00 5%Marko on Ex enses 1,626,50 _ jechriology Charge 53.70 pe rhour) 11,877.00 Total Expenses 46,033.50 I Subconsultant Appraisals 15 at 3,950 each 59,250.00 _ A praisal Reviews 15 at 1,200 each 18,000,00 Total Subconsultant Expenses 77,250.00 i I _ Total Client Estimate 441,758.75 Assumptions: This estimate is based on 15 parcel owners This estimate assumes no right of way services need to be provided on parcels already owned by the client This estimate assumes that escrow and closing costs will be paid directly by the client J "The above rates are sub ect to an annual increase effective Janua 1,2011,not to exceed 5%without prior approval -A$3.701hour audited technology Charge is not included in the heur rates proposed above. This audited died expense will be billed on a monthly basis. I"The`uly burdened rates are calculated usin a 2.83 multi ter. AGENDA REPORT FOR: City Council January 27, 2010 TO: Gary Crutchfield, ► ger Regular Mtg.: 2/1/10 FROM: Stan Strebel., City Manager SUBJECT: Arraignment Defense Counsel I. REFERENCE(S): 1. Memo from Lee Kerr 2. Draft Arraignment Counsel Agreement II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 2/1 MOTION: I move to authorize the City Manager to enter into a contract for Arraigrunent Defense Services, on terms most favorable to the City and, further, authorize the cost to be included in the 2010 year-end supplemental budget. III. FISCAL IMPACT: Estimated contract cost $40,000 (net cost to city should be less due to reduced jail time, fewer public defender assignments, less court time). IV. HISTORY AND FACTS BRIEF: A) As outlined in the City Attorney's memo, the City is coming under increasing pressure (and we see increasing benefits) to implement a system whereby legal counsel can be available to criminal defendants at arraignment (the first appearance in court). While the City has a panel of three indigent public defense attorneys who are assigned to qualifying defendants, the concept of arraignment counsel is to expedite cases (where the defendant is typically in jail at city expense) to the point where they can obtain counsel if needed or enter a plea based on a reasonable understanding of their situation. At the same time, the presence of counsel will protect the rights of the accused at the earliest possible point of interaction in the court. B) Staff is in the process of working to identify possible contractors and pricing for this service. In addition, staff is exploring ways to coordinate with the county (jail, interpretation, scheduling) if possible, for savings that may be available to both jurisdictions from cooperative efforts. V. DISCUSSION: A) A draft agreement covering the proposed services, absent specifics on times and compensation, is attached. As time is of the essence in putting the system in place, staff requests authorization to enter into a substantially similar agreement, with the understanding that a year-end budget supplement will likely be required. 10(c) KERR LAW GROUP 7025 West Grandridge Blvd., Suite A Kennewick, Washington 99336-7724 (509) 735-1542 MEMORANDUM 'r0: Gary Crutchfield, City Manager City of Pasco FROM: Leland B. Kerr Attorney-at-Law DATE: January 20, 20110 RE: Arraignment Counsel The City of Pasco like the rest of the nation has experienced an explosive increase in misdemeanor cases. This is placing a staggering burden on our Municipal Court. At the same time, there is significant attention being drawn to our Court to insure that the rights of the accused are adequately protected. The law requires that an accused has a right of counsel at each critical stage of the proceeding. A recent surge of United States and Washington Supreme Court cases have made it clear that the initial appearance before the Court constitutes a critical stage requiring the assistance of counsel, This is the point of arraignment where the Court advises the accused of the charges against them as well as their rights under the law. It is also the first opportunity for the accused to plea either guilty or not guilty. Traditionally, in addition to the Judge, only the prosecutor is present at the arraignment. Based on these recent cases, there is significant challenge being initiated against various Courts in the State that this procedure unconstitutionally denies the accused of their rights to counsel. Advocate groups have taken up this cause, and have focused their attention on the Pasco Municipal Court. Notwithstanding their threats of litigation or mass invalidation of past guilty pleas, our investigation has led to the conclusion that some changes may be advisable to protect the rights of the accused and more effectively administer our Municipal Courts. The most effective first step would be to have defense counsel, as well as the prosecutor; available at the arraignment. This would provide legal assistance at the initial, and perhaps, the most critical phase of the prosecution. With the defense counsel available, the accused would have the best opportunity to be advised of the case against them and their rights and privileges afforded under the law. Gary Crutchfield January 20, 2010 Page 2 Through the prosecutor, the City's interests are represented with its recommended punishment fitting the crime. Thus, for many cases, the final outcome could be determined at this initial hearing. This would result in less jail time suffered by the accused waiting to have a subsequently appointed public defender; less required Court hearings; and a much better understanding of the strengths, weaknesses and consequences of their cases. Based can the pressure of the recent Supreme Court cases, Court Rules are presently in the process of review to mandate defense counsel being available at arraignment. Likewise, several other jurisdictions, including Benton County, have already adopted the procedure of providing arraignment counsel. Arraignment counsel would be a contracted position specifically to serve the short-term function of representing defendants at arraignment. "Phis, however, would not resolve all of the bases at arraignment. The accused still has the right and may plead not guilty, and if eligible, request that a defense attorney be appointed to represent them through the judicial process. Utilization of an arraignment counsel in addition to satisfying the present challenges to our Muulicipal Court will more effectively protect the rights of the accused, streamline the process in which arraignments are conducted, and insure that the guilty pleas taken can be sustained upon, challenge. We are presently in the process of reviewing arraignment counsels utilized by other jurisdictions, including Benton County, to suggest a procedure that will work beneficially for the City and those that come before our Municipal Court as accused. So far this has been a team effort with the assistance of the Municipal Judge, Court Administrator, City's prosecuting attorney, Pasco Police Department, and probation services. I look forward to reporting our progress and answering any questions you might have. LBKlsla cc; Stan Strebel PROFESSIONAL SERVICE AGREEMENT For Legal Representation of Defendants at Arraignment Before the Pasco Municipal Court THIS PROFESSIONAL SERVICE AGREEMENT in entered into effective 2010, by and between the City of Pasco, a Municipal Corporation, hereafter referred to as "City", and attorney authorized to practice law in the State of Washington, hereinafter referred to as "Attorney." THIS AGREEMENT is a Professional Service Agreement for the rendering of legal representation during arraignment of indigent persons charged with:misdemeanors or gross misdemeanors in the Pasco Municipal Court. IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN,it is agreed as follows; SECTION I PROFESSIONAL SERVICES The Attomey shall represent in a professional manner, all individuals charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court during arraignment. Such representation shall include: A. Advise clients of rights and the nature ofthe attorney-client relationship and privilege; determine whether client has any immediate concerns(i'e.,mental health or other medical treatment needs); determine whether there is:an inunigration hold; discuss family issues that affect release; make arrangements for interpretation as needed;confirm age and place of birth of client;discuss the client's inunigration status if the client is not a United States citizen; determine whether there is an immediate need for investigation; and explain to the client the next steps in the process. B. Review the statement on probable cause and determine whether or not a challenge is appropriate. In making such determination, perform any legal research which may be necessary. C. Make motions to dismiss charges in cases where the complaint is insufficient. D. Review with client the ability to post bail and the client's employment status and living conditions. E. If custody will be an issue, make appropriate telephone calls to confirm employment and housing status. F. Speak with any family members or friends of client who are present at Court; and if appropriate, arrange for them to speak to the Court at the hearing. Professional Services Agreement—Arraignment Counsel Page 1 G. Review police reports and prosecutor's recommendations. H. Discuss custody status reconunendation with the prosecutor. I. Advocate for pre-trial release on recognizance, or as appropriate, advocate for least restrictive alternative allowed under the Court rules. J. Preserve issues relating to the client's right to a speedy trial. K. Deal appropriately with any issues relating to eligibility for public defense counsel, and make sure the client knows how to contact the attorney who will be representing the client. L, in performing said services, Attorney shall comply with all State laws,Washington Bar Association Ethical Rules and any standards for arraignment counsel published by the Washington State Office of Public Defense. SECTION Ill, a COMPENSATION A, The City will compensate Attorney, as attorney fees and not as a salary, for the professional services provided in the amount of S Payments shall be made monthly with the first monthlypaylnent to be made not later than the day of _ _2010, constituting compensation for the immediately preceding month; subsequent payments being made not later than the 30`b day of each succeeding month and the final payments being made no later than the day of 2010, r B. It.is expressly agreed that the monthly compensation fixed in Sections A above shall constitute full compensation for services required under this Agreement. C. Definitions: TBD Professional Services .Agreement— Arraignment Counsel Page 2 SECTION III EXPENSES The Attorney shall bear all expenses incurred in the representation of each individual at arraignment except expenses for the services of an interpreter determined appropriate by the Court. SECTION IV TERM The term of this Agreement shall be for the period commencing on execution,and concluding on December 31, 2010. Notwithstanding the foregoing, the Attorney's obligation to represent an individual in a matter to which the Attorney has undertaken representation shall continue through the disposition of the matter as set forth below. If this Agreement is not then in default, the Attorney shall have the option to renew this Agreement for one(1)additional term of one(1)year. The terms and conditions of the renewal term shall be identical to the terms and conditions of the last year of the original term(with appropriate modifications of installment payment dates) except that upon termination of the final term, the Attorney shall no longer have any option to renew this Agreement. The renewal option must be exercised by written notice to the City, given,not.less than 120 days, prior to the last date of the expiring term. The giving of such notice shall rinake-the agreemedtbinding for the renewal term without further act of the parties. `7, It is understood by the parties hereto that the Attorney's obligation to provide representation pursuant to this Agreement includes1he obligation to complete matters covered by this Agreement. The Attorney shall continue to provide representation to the client relating to an),issue arising out of arraignment which issue has not been adjudicated during the duration of the Agreement for a continuing period not to exceed six (6) months. It is further understood by the parties that the Attorney's obligation to complete all matters covered by this Agreement shall not result in any additional compensation over the amount specified herein. SECTION V NON-ASSIGNMENT No other person shall perform any of the services required of the Attorney by this Agreement nor shall the Attorney assign or subcontract their responsibility for the performance of any of the services required by this Agreement, provided, however, that with the approval of the City, a designated qualified member of the Attorney's law firm may be perform the Attorney's contract and responsibilities on a temporary basis, or with the approval of the City, the Attorney may assign or subcontract such services with another qualified attorneyon a temporarybasis. On a temporary basis shall mean a period not to exceed thirty (30) days. Professional Services Agreement— Arraignment Counsel Page 3 SECTION VI T ERIMINATION This Agreement may be tenninated by either party without cause upon forty-five (45)days advance written notice to the other. This Agreement may be terminated for cause consisting of failing to comply with any of the provisions of this Agreement upon ten (10) days advance written notice. In the event of Attorney's disbarment or suspension from the practice of law,this Agreement shall terminate as of the effective date of such disbarment or suspension. In the event of a termination without cause, the Attorney shall continue to represent defendants at arraignment during the forty (45) day period and will be compensated for such representation pursuant to Section II above. SECTION VII INSURANCE AND INDEMNIFICATION A. During the term of this Agreement, the Attorney shall maintain errors and omissions insurance coverage with the City of Pasco as,an additional named insured on the policy and shall include anyone else acting for or on behalf of the Attorney in the performance of this Agreement as an additional named insured on any such policy: Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Washington,and shall have at a minimum, policy limits of Two Hundred Fifty Thousand Dollars ($250,000.00). At the time of commencement of the performance of senices hereunder, the Attorney shall submit an appropriate certificate of coverage. Such insurance will not be cancelled without first giving thirty (30) days written notice to the City. B. In performance,of the work under this Agreement, the Attorney agrees to defend the City, its officers, agents, servants°and employees (hereinafter individually and collectively referred to as "Indemnities"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indernnify and hold harmless the Inderrulities from, 1, All damages or liability of any character including in part costs,expenses and attorney Pees,based upon,any negligent act, error,or omission of the Attorney or any person or organization for whom the Attorney may be responsible, and arising out of the performance of professional services under this Agreement; and 2. All liability, loss,damage,claims,demands, costs and expenses of whatsoever nature, including in part, Court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Attorney or any person or organization for whom the Attorney may be responsible,arising out of,in connection with, resulting from or caused by the performance or failure of performance of any work or services under this Agreement or from conditions created by the Attorney performance or nonperformance of said work or service. Professional Services Agrccment —Arraignment Counsel Page 41 SECTION VIII GENERAL PROVISIONS For the purpose of this Agreement, time is of the essence. Waiver by the City of any provision of this Agreement or any time limitation provided in this Agreement shall not constitute a waiver of any other provision. Should any dispute arising 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 party shall be entitled to its reasonable attorney fees and costs. DATED this day of � , 2010. CITY OF PASCO Gary Crutchfield, City Manager ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney ATTORNEY Professional Services Agreement—Arraignment Counsel Page 5 AGENDA REPORT NO. 1 FOR: City Council January 27, 2010 TO: Gary Crutchfield. Ci anger Robert J. Alb c. Forks Director 1 FROM: Reuel Klempel, Plant Division Manager Regular Mtg.. 02/01/10 SUBJECT: Award Process Water Reuse Facility Irrigation Pivot I. REFERENCE(S): 1. Vicinity Map II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 02/01: MOTION: I move to award the low bid for the Process Water Reuse Facility Irrigation Pivot, Project 410-7-01 to Valmont Northwest in the amount of $95,746.00 plus applicable sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: A) The City owns fourteen irrigation circles at the Process Water Reuse Facility. These irrigation circles or pivots have been on a replacement schedule shown in the City's Capital Improvement Plan. F,leven circles have been replaced since 1998. V. DISCUSSION: A) Staff solicited four quotes (bids), and only received one back for replacing an irrigation circle for 2010. The quote received was $95,746.00 plus applicable sales tax from Valmont Northwest. This is $914.00 decrease for the same equipment we purchased last year. The low quote last year was also from Valmont Northwest. The replacement budget is $110,000.00. Staff recommends award of replacing the irrigation circle to Valmont Northwest. 10(d) CITY OF PASCO REUSE FACILITY " f C13 C 1 C09 C12 J H C07 C06 t , C15 } i i ; � sae - R — r - t _ , • CO2 C01 C. f } C04 C05 Am - y-