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
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APPENDIX B
200E 'rXLOW E) FIVE XC M. OF TRAFF31C CAU11M
'�, � •` nv�r3r �cay,To•Dc flay
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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
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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
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Item:Vicinity Applicant:Final Plat
Aho1
Map File FP 09-007
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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
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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)
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General Location of Property: rtr�A �a "
(give location relative to streets, intersections, etc.)
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Legal Description of Property for which the Utility Waiver is req:iested:t5 C Src?,'o rT � a 9 uJol*
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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?
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4) Special circumstances applicable to the property in question or intended use'?
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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
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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,
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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.
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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
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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-
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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
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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
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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
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Zoning Applicant
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Map File #: SP 09-009
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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
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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
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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
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