HomeMy WebLinkAbout2013.07.29 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. July 29, 2013
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 July 15, 2013.
(b) Bills and
Communications:
(A
detailed listing of claims is available for review in the Finance
Manager's
office.)
To approve General Claims in the amount of $1,297,777.70 ($188,498.72 in the form of
Electronic Fund Transfer Nos. 15833 and 15884; and $1,109,278.98 in the form of Wire
Transfer Nos. 1336, 1337, 1340, 1341 and 1342; and Claim Warrants numbered 193976
through 194188).
2. To approve Payroll Claims in the amount of $2,477,276.59, Voucher Nos. 45747 through
45916 and 80290 through 80299; and EFT Deposit Nos. 30060696 through 30061320.
(c) Easement Agreement with Department of Natural Resources (RD 68) (MF #ESMT 2013-
002):
1. Agenda Report from Rick White, Community & Economic Development Director dated July
16, 2013.
2. Vicinity Map.
3. Easement Agreement.
To approve the Agreement with the Department of Natural Resources for a public roadway
easement adjacent Road 68, and further, authorize the City Manager to sign the Agreement.
*(d) Appointment to TRAC Advisory Board:
1. Agenda Report from Gary Crutchfield, City Manager dated July 26, 2013.
To concur in the Mayor's appointment of Carl Leth to a 3 -year term on the TRAC Advisory
Board, to expire July 1, 2016.
*(e) Resolution No. 3487, a Resolution of the City Council of the City of Pasco, Washington relating
to Local Improvement District No. 148; amending resolution 3482 and fixing the time and place
for hearing on the final assessment roll for Local Improvement District No. 148; and directing
that notice thereof be given in the manner required by law.
1. Agenda Report from Michael A. Pawlak, City Engineer dated July 18, 2013.
2. Resolution.
3. Vicinity Map.
4. Notice of Public Hearing.
To approve Resolution No. 3487, fixing 7:00 p.m. Tuesday, September 3, 2013, as the re-
scheduled time and date to conduct a public hearing to consider the Final Assessment Roll of LID
No. 148.
*(f) Resolution No. 3488, a Resolution of the City Council of the City of Pasco, Washington relating
to Local Improvement District No. 149; amending resolution 3483 and fixing the time and place
for hearing on the final assessment roll for Local Improvement District No. 149; and directing
that notice thereof be given in the manner required by law.
1. Agenda Report from Michael A. Pawlak, City Engineer dated July 18, 2013.
2. Resolution.
3. Vicinity Map.
4. Notice of Public Hearing.
To approve Resolution No. 3488, fixing 7:00 p.m., Tuesday, September 3, 2013, as the re-
scheduled time and date to conduct a public hearing to consider the Final Assessment Roll of LID
No. 149.
(RC) MOTION: I move to approve the Consent Agenda as read.
Regular Meeting 2 July 29, 2013
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco
residents have been invited to attend the Council meeting to receive Certificates of Appreciation
from the City Council for "Yard of the Month," July 2013.
1. Alejandro & Lorena Vergara, 820 N. Elm Ave.
2. Sharlyn Berger, 3614 W. Octave St.
3. Ken & Penny Morris, 4311 Meadow View Dr.
4. Douglas & Lydia Brown, 8708 Massey Dr.
(b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA) The
following Pasco business has been invited to attend the Council meeting to receive a Certificate
of Appreciation from the City Council for "Business of the Month Appearance Award" for July
2013.
1. Kuffel, Hultgrenn, Klashke, Shea & Ellerd, LLP, 1915 Sun Willows Blvd., Ste. A
51 VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(e)
6. REPORTS FROM COMMITTEES AND /OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING
THERETO:
(None)
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Q *(a) Ordinance No. an Ordinance of the City of Pasco, Washington, amending the zoning
classification of property located at 2302 East Lewis Street from R -2 (Medium Density
Residential) to C -I (Retail Business).
1. Agenda Report from Shane O'Neill, Planner I dated July 19, 2013.
2. Vicinity Map.
3. Proposed Ordinance.
4. Planning Commission Report.
5. Planning Commission Minutes: Dated 6/20/13 & 7/18/13.
MOTION: I move to adopt Ordinance No. , an Ordinance rezoning the property located at
2302 E. Lewis Street from R -2 to C -1, and, further, authorize publication by summary only.
Q *(b) Resolution No. a Resolution approving a preliminary plat for the Aintree subdivision.
1. Agenda Report from David I. McDonald, City Planner dated July 24, 2013.
2. Overview and Vicinity Maps.
3. Proposed Resolution.
4. Preliminary Plat (Council packets only; copy available for public review in the Planning
office, the Pasco Library and on the City's webpage at htt-o://www.pasco-
wa.gov/citycouncilKoorts .
5. Report to the Planning Commission.
6. Planning Commission Minutes: Dated 6/20/13 & 7/18/13.
MOTION: I move to approve Resolution No. approving the Preliminary Plat for the
Aintree subdivision.
(c) Resolution No. a Resolution approving the Capital Improvement Plan for Calendar
Years 2014 -2019.
1. Agenda Report from Gary Crutchfield, City Manager dated July 18, 2013.
2. Proposed Capital Improvement Plan 2014 -2019 (Council packets only; copy available for
review in the City Manager's office, Pasco Library and on the city's website at www.pasco-
wa.gov/citycouncilreports .
3. Proposed Resolution.
MOTION: I move to approve Resolution No. adopting the Capital Improvement Plan for
fiscal years 2014 -2019.
Regular Meeting 3 July 29, 2013
(d) Resolution No. a Resolution amending Resolution No. 3412 and granting temporary
left -turn access from Road 68 to Sandifur Plaza Retail Center.
1. Agenda Report from Michael A. Pawlak, City Engineer dated July 18, 2013.
2. Resolution.
3. Vicinity Map.
4. Access Layout Plan.
MOTION: I move to approve Resolution No. amending Resolution No. 3412, granting
temporary left -turn access from Road 68 to Sandifur Plaza Retail Center with conditions and
limitations.
(e) 1) Resolution No. a Resolution of the City of Pasco, Washington, requesting the
Franklin County Auditor to review the adequacy of legal descriptions and maps as filed on June
21, 2013 and, if satisfied as to the sufficiency and accuracy of such descriptions and maps, to
place a question for "Reduction of City Limits" on the November 5, 2013, ballot, as sought by
citizen petition; and providing ballot title.
-AND -
2) Resolution No. , a Resolution of the City of Pasco, Washington, providing for the
submission of a proposition to the qualified voters of the City of Pasco, Washington, to change
from the current Council- Manager plan of government to a Mayor - Council plan of government.
1. Agenda Report from Stan Strebel, Deputy City Manager dated July 25, 2013.
2. Certificates from County Auditor.
3. Proposed Resolution — Reduction of City Limits.
4. Proposed Resolution — Change Plan of Government.
MOTION #1: I move to approve Resolution No. _, requesting the Franklin County Auditor
to review the adequacy of legal descriptions and maps as filed on June 21, 2013 and, if satisfied
as to the sufficiency and accuracy of such descriptions and maps, to place a question for
"Reduction of City Limits" on the November 5, 2013 ballot, as sought by citizen petition; and
providing ballot title.
-AND -
MOTION #2: I move to approve Resolution No. requesting the Franklin County
Auditor to place a question for a change in the Plan of Government for the City of Pasco on the
November 5, 2013 election, as sought by citizen petition; and providing ballot title.
(f) Resolution No. a Resolution of the City Council of the City of Pasco, Washington,
providing for appointment of Pro and Con Committees for Propositions for the November 5, 2013
Election.
1. Agenda Report from Stan Strebel, Deputy City Manager dated July 19, 2013.
2. Committee Applications (Council packets only).
3. Proposed Resolution.
4. Franklin County Pro and Con Committee Appointment Form.
MOTION: I move to approve Resolution No. _, providing for appointments to the pro and
con committees for ballot measures on the November election.
*(g) Resolution No. a Resolution accepting work performed by Apollo, Inc. under contract
for the West Pasco Water Treatment Plant, Project #C1 -09 -03 -WTR.
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated July 24, 2013.
2. Vicinity Map.
3. Resolution.
MOTION: I move to approve Resolution No. accepting the work performed by Apollo, Inc.
under contract for the West Pasco Water Treatment Plant project.
*(h) Resolution No. a Resolution accepting work performed by Pall Corporation under
contract for the West Pasco Water Treatment Plant, Project #C1 -09 -03 -WTR.
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated July 24, 2013.
2. Vicinity Map.
3. Resolution.
MOTION: I move to approve Resolution No. _, accepting the work performed by PALL
Corporation, under contract for the West Pasco Water Treatment Plant (Filters) project.
91 UNFINISHED BUSINESS:
Q(a) Special Permit Appeal (MF #SP2013 -010) Location of an Auto Sales Lot in the 6300 Block
of Burden Boulevard:
1. Agenda Report from David I, McDonald, City Planner dated July 24, 2013.
2. Vicinity Map.
3. Binder containing Hearing Record *.
*Previously provided; copies available for public review in the Planning office, the Pasco
Library and on the city's webpage at http: / /www.pasco -wa. og v/ciiycouncilrgports.
MOTION: I move the Council accept the Planning Commission recommendation and deny
approval of the special permit for the location of an auto sales lot in the 6300 block of Burden
Boulevard.
Regular Meeting 4 July 29, 2013
10. NEW BUSINESS:
Q *(a) Special Permit (MF #SP2013 -012): Location of an Auto Body Shop in a C -3 (General
Business) Zone:
1. Agenda Report from Shane O'Neill, Planner I dated July 19, 2013.
2. Vicinity Map.
3. Proposed Resolution.
4. Report to Planning Commission.
5. Planning Commission Minutes: Dated 6/20/13 and 7/18/13.
MOTION: I move to approve Resolution No. , approving the special permit for the
location of an auto body shop at 3305 West Octave Street as recommended by the Planning
Commission.
(b) Shoreline Master Program Request for Proposals (MF #PLAN 2013 -001):
1. Agenda Report from Jeffrey B. Adams, Associate Planner dated July 10, 2013.
2. Department of Ecology (DOE) Agreement.
MOTION: I move to approve the agreement with the Washington State Department of Ecology
providing grant funding to update the City's Shoreline Master Program, and further authorize the
City Manager to sign the agreement.
*(c) PSA — Aircraft Rescue and Firefighting Program Review:
1. Agenda Report from Robert W. Gear, Fire Chief dated July 24, 2013.
2. Proposed Professional Services Agreement.
MOTION: I move to approve the proposed Professional Services Agreement with Safety &
Security Instruction for review of the ARFF program for the Tri- Cities Airport, and, further,
authorize the City Manager to sign the agreement.
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. 5:30 p.m., Thursday, August 1, P &R Classroom — Parks & Recreation Advisory Board Meeting.
(COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.)
2. 1:30 p.m., Monday, August 5, KGH — Emergency Medical Services Board Meeting.
(COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.)
3. 12:00 p.m., Wednesday, August 7, 2601 N. Capitol Avenue — Franklin County Mosquito Control District
Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.)
4. 7:00 a.m., Thursday, August 8, Cousin's Restaurant - BFCG Tri-Mats Policy Advisory Committee
Meeting. (COUNCILMEMBER BOB HOFFMAN, Rep.; REBECCA FRANCIK, Alt.)
5. 4:00 p.m., Thursday, August 8, 3416 Stearman Avenue — Solid Waste Advisory Committee Meeting.
(COUNCILMEMBERS MIKE GARRISON and TOM LARSEN, Reps.; MAYOR MATT WATKINS
and COUNCILMEMBER. SAUL MARTINEZ, Alts.)
6. 4:00 p.m., Thursday, August 8, 7130 W. Grandridge Blvd. — TRIDEC Board Meeting.
(COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.)
7. 7:00 p.m., Thursday, August 8, Transit Facility — Ben - Franklin Transit Board Meeting. (MAYOR MATT
WATKINS, Rep.; COUNCILMEMBER MIKE GARRISON, Alt.)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JULY 15, 2013
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Robert Hoffmann, Tom Larsen, Saul
Martinez, Matt Watkins and Al Yenney. Excused: Mike Garrison.
Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel,
Deputy City Manager; Richard Terway, Administrative & Community Services Director;
Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public
Works Director; Bob Metzger, Police Chief, Bob Gear, Fire Chief, Mike Pawlak, City
Engineer and Reuel Klempel, Plant Division Manager.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated June 17, 2013.
(b) Bills and Communications:
To approve General Claims in the amount of $1,544,684.02 ($33,191.00 in the form of
Electronic Fund Transfer No. 15578; and $1,511,493.02 in the form of Wire Transfer
Nos. 1329, 1330, 1332, 1333, and 1334; and Claim Warrants numbered 193541 through
193743).
To approve General Claims in the amount of $1,642,269.91 ($129,747.77 in the form of
Electronic Fund Transfer Nos. 15645, 15662, 15666, 15705, 15725 and 15726; and
$1,512,522.14 in the form of Wire Transfer Nos. 1335, 1338 and 1339; and Claim
Warrants numbered 193744 through 193975).
To approve Payroll Claims in the amount of $2,514,184.49, Voucher Nos. 45569 through
45746 and 80280 through 80289; and EFT Deposit Nos. 30060086 through 30060695.
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 $218,698.44 and, of that amount, authorize
$161,609.14 be turned over for collection.
(c) Appointment to Pasco Public Facilities District Board:
To reappoint Spence Jilek to Position No. 3 (expiration date 7/14/2017), and appoint
Craig Maloney to Position No. 4 (expiration date 7/14/14) on the Public Facilities District
Board.
(d) Legislative Consultant Agreement:
To approve the agreement with Gordon Thomas Honeywell Governmental Affairs for
state legislative consultant services and, further, authorize the City Manager to sign the
agreement.
(e) Dedication Deed for a portion of Road 36 (MF #DEED2013 -007):
To accept the dedication deed from Daniel Morales for a portion of Road 36.
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JULY 15, 2013
(f) Setting of Special Meeting and Cancellation of Business Meeting.
To schedule a Special Meeting to be conducted on July 29, 2013, and to cancel the
August 5, 2013 Business Meeting.
(g) Resolution No. 3484, a Resolution fixing the time and date for a public
hearing to consider vacating a Utility Easement in First Place, Phase 1.
To approve Resolution No. 3484, setting 7:00 p.m., Monday, August 19, 2013 as the time
and date to conduct a public hearing to consider vacating a utility easement in First Place,
Phase 1.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Yenney
seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGMENTS:
Mayor Watkins presented Certificates of Appreciation for June 2013 "Yard of the
Month" to:
Terry and Christi Seaton, 1232 S. 3rd Avenue
Andrea Leiby, 1739 N. 18th Avenue
Keith Price, 6708 Gehrig Drive
Mark and Susan Kuffel, 1401 N. Road 79
Mayor Watkins presented a Certificate of Appreciation for June 2013 "Business
Appearance of the Month" to:
White Shield, Inc., 320 N. 20th Avenue
REPORTS FROM COMMITTEES AND /OR OFFICERS:
Mr. Martinez reported on the Regional Public Facilities District meeting.
Ms. Francik spoke to the Association of University Women and the Richland Kiwanis.
Mr. Hoffmann commented on the General Fund Operating Statement through June 2013.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Special Permit Appeal (MF#SP2013 -010): Location of an Auto Sales Lot in the 6300
Block of Burden Boulevard,
Mr. Kerr explained the Quasi - Judicial process.
Mr. White summarized the Planning Commission's actions on this item.
Mayor Watkins asked if any Councilmembers have had any ex parte
communication about this item. None was declared.
MAYOR WATKINS DECLARED THE CLOSED RECORD HEARING OPEN TO CONSIDER THE
APPEAL.
Council and staff discussed the record.
MOTION: Ms. Francik moved the Council accept the Planning Commission
recommendation and deny approval of the Special Permit for the location of an auto sales
lot in the 6300 block of Burden Boulevard. Mr. Martinez seconded. Motion tied by the
following Roll Call vote: Yes — Martinez, Watkins, Francik. No — Yenney, Hoffmann,
Larsen.
MOTION: Ms. Francik
moved
to table
this
item
to the special meeting of July 29, 2013.
Mr. Martinez
seconded.
Motion
carried
5 -1.
No —
Hoffmann.
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JULY 159 2013
Street Vacation (MF #VAC2013 -003) Portions of the Pasco Kahlotus Highway and
Commercial Avenue,
Mr. White explained the details of the proposed vacation.
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED
VACATION.
MOTION: Ms. Francik moved to continue the hearing to the regular meeting of August
19, 2013. Mr. Yenney seconded. Motion carried unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Ordinance No. 4107, an Ordinance of the City of Pasco, Washington, amending
Section 26.28.010 "Application" and Section 26.28.070 "Terms of Approval'
providing for the Extension of a Period for Final Plat Approval.
Council and staff discussed the proposed code amendment.
MOTION: Ms. Francik moved to adopt Ordinance No. 4107, amending PMC 26.28.010
extending the final plat approval time period from nine years to ten years and amending
PMC 26.28.070 revising terms of approval of final plats and, further, to authorize
publication by summary only. Mr. Martinez seconded. Motion carried unanimously.
Ordinance No. 4108, an Ordinance of the City of Pasco, Washington amending Title
16 of the Pasco Municipal Code, regarding the adoption of the Washington State
Building Code and International and Uniform Building Codes.
Council and staff discussed the proposed code amendment.
MOTION: Ms. Francik moved to adopt Ordinance No. 4108, amending Title 16 of the
Pasco Municipal Code regarding the adoption of the Washington State Building Code
and certain International and Uniform Building Codes, adding an inspection fee and
modifying provisions for permitting impervious surfaces in residential districts and,
further, to authorize publication by summary only. Mr. Martinez seconded. Motion
carried 5 -1. No — Larsen.
Ordinance No. 4109, an Ordinance of the City of Pasco, Washington amending
Pasco Municipal Code Section 3.07.060 "Cemetery."
MOTION: Ms. Francik moved to adopt Ordinance No. 4109, amending Section 3.07.060
of the Pasco Municipal Code and, further, to authorize publication by summary only. Mr.
Yenney seconded. Motion carried unanimously.
Ordinance No. 4110, an Ordinance relating to land use and zoning amending PMC
Title 25 "Zoning."
Council and staff discussed the proposed code amendment.
MOTION: Ms. Francik moved to adopt Ordinance No. 4110, amending PMC Title 25
"Zoning" and, further, to authorize publication by summary only. Mr. Yenney seconded.
Motion carried unanimously.
MOTION: Ms. Francik further moved to remand to the Planning Commission the issue
of detached accessory building height in residential districts for the purpose of
recommending to City Council special permit criteria appropriate to accommodate
accessory building heights in excess of 15 feet in residential districts recommended by
the Planning Commission. Mr. Yenney seconded. Motion carried unanimously.
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JULY 15, 2013
Ordinance No. 4111, an Ordinance relating to zoning and amending PMC Title 25
by repealing Chapter 25.82 and creating a new Chapter 25.81 dealing with Airport
Protection Zones and related provisions.
Council and staff discussed the proposed code amendment.
MOTION: Ms. Francik moved to adopt Ordinance No. 4111, repealing PMC Chapter
25.82 and enacting new PMC Chapter 25.81 dealing with Airport Zoning and, further, to
authorize publication by summary only. Mr. Martinez seconded. Motion carried
unanimously.
Ordinance No. 4112, an Ordinance of the City of Pasco, Washington repealing
Ordinance No. 4052 and amending the Zoning Classification of property located at
the 5900 block of Road 90 to R -3 (Medium- Density Residential) with a concomitant
agreement.
Council and staff discussed the proposed zoning amendment.
MOTION: Ms. Francik moved to adopt Ordinance No. 4112, repealing Ordinance No.
4052 and adopting a new Concomitant Agreement for the property located at the 5900
block of Road 90, as recommended by the Planning Commission and, further, to
authorize publication by summary only. Mr. Martinez seconded. Motion carried
unanimously.
Ordinance No. 4113, an Ordinance of the City of Pasco, Washington amending the
Zoning Classification of a portion of the southwest quarter of the southwest quarter
of Section 15, Township 9 North, Range 29 East, from RT (Residential Transition)
to R -1 (Low- Density Residential).
Council and staff discussed the proposed zoning amendment.
MOTION: Ms. Francik moved to adopt Ordinance No.4113, rezoning the property
located at 6720 Aintree Lane from RT to R -1 and, further, to authorize publication by
summary only. Mr. Yenney seconded. Motion carried unanimously.
Resolution No. 3485, a Resolution accepting the Planning Commission's
recommendation and approving a Special Permit for a water intake facility at 11412
West Court Street.
Council and staff discussed the proposed special permit.
MOTION: Ms. Francik moved to approve Resolution No. 3485, approving a Special
Permit for the location of a water intake facility at 11412 West Court Street as
recommended by the Planning Commission. Mr. Hoffmann seconded. Motion carried
unanimously.
Resolution No. 3486, a Resolution accepting the Planning Commission's
recommendation and approving a Special Permit for the Location of a Cellular
Tower at 6600 Burden Boulevard.
Council and staff discussed the proposed special permit.
MOTION: Ms. Francik moved to approve Resolution No. 3486, approving the Special
Permit for the location of a cellular tower at 6600 Burden Boulevard as recommended by
the Planning Commission. Mr. Yenney seconded. Motion carried 5 -1. No — Larsen.
0
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JULY 15, 2013
NEW BUSINESS:
Riverview Pump Station Meter /Chlorine Vault Replacement Project #C7- WT -2R-
13 -05:
Council and staff discussed the details of the proposed project.
MOTION: Ms. Francik moved to award the low bid for the Riverview Pump Station
Meter /Chlorine Vault Replacement Project to C &E Trenching, LLC, in the amount of
$27,628.84, including applicable sales tax and, further, authorize the Mayor to sign the
contract documents. Mr. Martinez seconded. Motion carried by unanimous Roll Call
vote.
Amendment to Professional Services Agreement HDJ Design Group — On -Call
Professional Services:
Council and staff discussed the details of the proposed agreement.
MOTION: Ms. Francik moved to approve Amendment No. 1 to Professional Services
Agreement with HDJ Design Group authorizing continuing on -call professional services,
not to exceed $25,000 and, further, authorize the Mayor to sign the Amendment. Mr.
Martinez seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Hof$nann inquired about the size of the pumps at the new water intake facility.
Council and staff discussed the problem of abandoned shopping carts throughout the
City.
Ms. Francik recognized 2 Richland High School students in the audience.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 8:41 p.m. for approximately 20 minutes to
consider acquisition of real estate and discuss potential litigation with the City Manager
and the City Attorney.
Mayor Watkins called the meeting back to order at 9:01 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 9:01 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 29th day of July, 2013.
CITY OF PASCO
Council Meeting of: July 29, 2013
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
ned, do hereby certify under penalty of perjury that the materials have been furnished, the
O<FFTIN labor performed as described herein and that the claim is a just, due and unpaid
against he city and that we are authorized to authenticate and certify to said claim.
Dunyele Ma n, Finance Services Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do
hereby certify on this 29 day of July, 2013 that the merchandise or services hereinafter specified have been received:
Check Numbers and 193976- 194188 In The Amount Of: $ 1,109,278.98
Electronic Funds Transfers: 1336, 1337, 1340
1341,1342
Electronic Funds Transfers:
(Journal Entries)
Councilmember
In The Amount Of: $ 188,498.72
15833,15884
GENERALFUND:
Legislative
Judicial
Executive
Police
Fire
Administration & Community Services
Community Development
Engineering
Non - Departmental
Library
TOTAL GENERAL FUND:
Combined total of $1,2972777.70
Councilmember
SUMMARY OF CLAIMS BY FUND:
STREET
ARTERIAL STREET
STREET OVERLAY
C. D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI MODAL FACILITY
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMNT LODGING
LITTER CONTROL
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
ECONOMIC DEVEL & INFRASTRUCT
STADIUM /CONVENTION CENTER
GENERAL CAP PROJ CONSTRUCTION
WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAUDENTAL INSURANCE
CENTRALSTORES
PAYROLL CLEARING
LID CONSTRUCTION
PUBLIC FACILITIES DIST
TRI CITY ANIMAL CONTROL
SENIOR CENTER ASSOCIATION
GRAND TOTAL ALL FUNDS:
187,837.44
29,468.90
0.00
0.00
7,652.98
38.82
328.88
1,823.35
13,966.96
5,891.50
595.97
71,898.92
6,300.12
2,212.63
502.10
0.00
1,256.00
19.50
0.00
189,476.54
0.00
87,080.94
0.00
0.00
1,661.30
0.00
$ 1,297,777.70
3(b).1
CITY OF PASCO
Payroll Approval
The City Council
City of Pasco
Franklin County, Washington
The following i ummary I claims against the City of Pasco for the month of
July 2013 which are qtesqnted he With for ur review and approval.
Council Meeting of'.
July 29, 2013
Rick Terway, Administrative & Community Services Director
We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County,
Washington, do hereby certify that the services represented by the below expenditures have been received
and that payroll voucher No's. 45747 through 45916 and 80290 through 80299 and EFT deposit
No's. 30060696 through 30061320 and City contributions in the aggregate amount of $2,477,276.59 are
approved for payment on this 29th day of July 2013.
Councilmember
GENERALFUND
Councilmember
SUMMARY OF PAYROLL BY FUND
Legislative
$ 8,057.60
Judicial
83,111.81
Executive
73,366.06
Police
689,974.85
Fire
346,822.30
Administrative & Community Services
423,191.85
Community Development
92,597.89
Engineering
116,947.31
TOTAL GENERAL FUND 1,834,069.67
CITY STREET
39,318.81
BLOCK GRANT
7,536.62
HOME CONSORTIUM
773.39
NSP
1,720.60
MARTIN LUTHER KING CENTER
71460.85
AMBULANCE SERVICE FUND
182,856.87
CEMETERY
11,976.43
ATHLETIC FUND
4,338.47
SENIOR CENTER
14,071.37
STADIUM OPERATIONS
0.00
MULTI -MODAL FACILITY
0.00
BOAT BASIN
101.31
REVOLVING ABATEMENT FUND
0.00
TASK FORCE
0.00
WATER/SEWER
334,071.01
EQUIPMENT RENTAL - OPERATING
29,428.40
OLD FIRE PENSION FUND
9,552.79
GRAND TOTAL ALL FUNDS
$ 2,477,276.59
Payroll Summary
Net Payroll 1,110,536.09
Employee Deductions 671,072.68
Gross Payroll 1,781,608.77
City of Pasco Contributions 695,667.82
Total Payroll $ 2,477,276.59 3(b).2
AGENDA REPORT
FOR: City Council July 16, 2013
TO: Gary Crutchfier ty anager Workshop Mtg.: 7/22/13
Special Mtg.: 7/29/13
FROM: Rick White,
Community & Economic Development Director
SUBJECT: Easement Agreement with Department of Natural Resources (RD 68) (MF#
ESMT 2013 -002)
I. REFERENCE(S):
1. Vicinity Map
2. Easement Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/22: DISCUSSION
7/29: MOTION: I move to approve the Agreement with the Department of
Natural Resources for a public roadway easement adjacent
Road 68, and further, authorize the City Manager to sign
the Agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A. The construction of a convenience store and strip mall at the southeast corner of
RD 68 and Chapel Hill Boulevard this past year has resulted in the need for
roadway improvements and public sidewalk along RD 68.
B. Normally, these improvements would be installed by the developer after the
dedication of property to the City for such public improvements. In this instance,
the property containing the new development is owned by the Department of
Natural Resources (DNR). DNR has leased this property to the operators of the
convenience store and strip mall.
C. DNR is precluded from selling lands within their Trust Portfolio without
legislative action. DNR has agreed to provide the City with a perpetual easement
for use of a portion of the property as a public roadway as outlined in Reference
#2.
D. The fee consideration for use of this property as a public roadway easement has
been paid by the lessees of the DNR property.
DISCUSSION:
A. The easement agreement is necessary to memorialize the use of the DNR property
for a public roadway.
B. Once the agreement is fully executed the City will have assurances that use of the
property for roadway purposes is allowed and the lessees will be able to finish the
remaining public improvements along RD 68.
C. Staff recommends approval of the agreement.
3(c)
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When recorded return to:
Department of Natural Resources
Southeast Region
Attn: Matt Fromherz
713 East Bowers Road
Ellensburg, Washington 98926 -9301
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
PETER GOLDMARK, Commissioner of Public Lands
ROAD EASEMENT
Grantor(s): State of Washington
Grantee(s): City of Pasco Washington
Legal Description: SE' /4 S16, T9N R29E
Assessor's Property Tax Parcel: 117510016
Cross Reference: AFN 1800469
DNR Easement No. 50- 089458
This Easement is between City of Pasco, a political subdivision of the State of Washington
herein called "Grantee" and the STATE OF WASHINGTON, acting by and through the
Department of Natural Resources, herein called "State" dated as of
"Effective Date ".
Conveyance. State for and in consideration of the terms and conditions specified herein,
hereby grants and conveys to the Grantee a non - exclusive easement in gross for the sole
purpose of construction, operation, use, and maintenance of a public road over and across
portions of Southeast Quarter of Section 16, Township 9 North, Range 29 East more
specifically described on that Record of Survey, recorded in Franklin County, Washington on
May 21, 2013 under Auditor File Number 1800469 and by this reference made a part hereof
(hereinafter Easement Area).
Consideration. The consideration paid by the Grantee to State is as follows: Ten Thousand
One Hundred Ninety Six and NO /100 Dollars ($10,196.00).
Term. The term of this Easement shall be perpetual unless vacated as provided by law.
1 of 9 Easement No. 50- 089458
Assignment. Neither this Easement, nor any of the rights granted herein, shall be assigned
without prior written consent of State.
Compliance with Laws. Grantee shall, at its own expense, conform to all applicable laws,
regulations, permits, or requirements of any public authority affecting the Easement Area and
the use thereof. Upon request, Grantee shall supply State with copies of permits or orders.
Indemnity. Grantee shall indemnify, defend with counsel acceptable to State, and hold
harmless State, its employees, officers, and agents from any and all liability, damages,
expenses, causes of action, suits, claims, costs, fees (including attorney's fees), penalties, or
judgments, of any nature whatsoever, arising out of the use, occupation, or control of the
Easement Area by Grantee, its contractors, subcontractors, invitees, agents, employees,
licensees, or permittees, including but not limited to the use, storage, generation, processing,
transportation, handling, disposal, release, or threatened release of any hazardous substance or
materials. To the extent that RCW 4.24.115 applies, Grantee shall not be required to
indemnify State from State's sole or concurrent negligence. This indemnification shall survive
the expiration or termination of the Easement. Grantee waives its immunity under Title 51
RCW to the extent required to indemnify State.
Insurance. Before using any of said rights granted herein and at its own expense, the Grantee
shall obtain and keep in force during the term of this Easement and require its contractors,
sub - contractors, or other permittees to obtain while operating on the Easement Area, the
following liability insurance policies, insuring Grantee against liability arising out of its
operations., including use of vehicles. Failure to buy and maintain the required insurance may
result in the termination of the Easement at State's option. The limits of insurance, which may
be increased by State, as deemed necessary, shall not be less than as follows:
(a) Commercial General Liability (CGL) insurance with a limit of not less than
$1,000,000 per each occurrence. If such CGL insurance contains aggregate
limits, the general aggregate limits shall be at least twice the "each occurrence"
limit, and the products - completed operations aggregate limit shall be at least
twice the "each occurrence" limit.
(b) Emnloyer's liability ( "Ston Gap ") insurance, and if necessary, commercial
umbrella liability insurance with limits not less than $15000,000 each accident
for bodily injury by accident or $1,000,000 each employee for bodily injury by
disease.
(c) Business Auto Policy (BAP) insurance, and if necessary, commercial umbrella
liability insurance with a limit of not less than $1,000,000 per accident, with
such insurance covering liability arising out of "Any Auto ". Business auto
coverage shall be written on ISO form CA 00 01, or substitute liability form
providing equivalent coverage. If necessary the policy shall be endorsed to
2 of 9 Easement No. 50- 089458
provide contractual liability coverage and cover a "covered pollution cost or
expense" as provided in the 1990 or later versions of CA 00 01. Grantee
waives all rights.against State for the recovery of damages to the extent they
are covered by business auto liability or commercial umbrella liability
insurance.
(d) Grantee shall comply with all State of Washington workers' compensation
statutes and regulations. Workers' compensation coverage shall be provided
for all employees of Grantee and employees of any contractors, sub - contractors
or other permittees. Except as prohibited by law, Grantee(s) waives all rights
of subrogation against State for recovery of damages to the extent they are
covered by workers compensation, employer's liability, commercial general
liability or commercial umbrella liability insurance.
All insurance must be purchased on an occurrence basis and should be issued by companies
admitted to do business within the State of Washington and have a rating of A- or better in the
most recently published edition of Best's Reports. Any exception shall be reviewed and
approved in advance by the Risk Manager for the Department of Natural Resources. If an
insurer is not admitted, all insurance polices and procedures for issuing the insurance policies
must comply with Chapter 48.15 RCW and Chapter 284 -15 WAC.
The State of Washington, Department of Natural Resources, its elected and appointed
officials, agents and employees shall be named as an additional insured on all general liability,
excess, and umbrella insurance policies.
Before using any said rights granted herein, Grantee shall furnish State with a certificaie(s) of
insurance, executed by a duly authorized representative of each insurer, showing compliance
with the insurance requirements specified above. Certificate(s) must reference State's
easement number.
State shall be provided written notice before cancellation or non - renewal of any insurance
referred to herein, as prescribed in statute (Chapter 48.18 RCW or Chapter 48.15 RCW).
Grantee shall include all contractors, sub - contractors and other permittees as insureds under
all required insurance policies, or shall furnish separate certificates of insurance and
endorsements for each. Contractors, sub - contractors and other permittees must comply with
all insurance requirements stated herein. Failure of contractors, sub - contractors and other
permittees to comply with insurance requirements does not limit Grantee's liability or
responsibility.
All insurance provided in compliance with this Easement shall be primary as to any other
insurance or self - insurance programs afforded to or maintained by State. Grantee waives all
rights against State for recovery of damages to the extent these damages are covered by
3 of 9 Easement No. 50- 089458
general liability or umbrella insurance maintained pursuant to this Easement.
By requiring insurance herein, State does not represent that coverage and limits will be
adequate to protect Grantee, and such coverage and limits shall not limit Grantee's liability
under the indemnities and reimbursements granted to State in this Easement.
If Grantee is self - insured, evidence of its status as a self - insured entity shall be provided to
State. If requested by State, Grantee must describe its financial condition and the self-insured
funding mechanism.
Waste. Grantee shall not cause nor permit any filling activity to occur in or on the Easement
Area, except by prior written approval of State. Grantee shall not deposit refuse, garbage, or
other waste matter not in use, store, generate, process, transport, handle, release, or dispose of
any hazardous substance, or other pollutants in or on the Easement Areas except in
accordance with all applicable laws.
The term hazardous substance means any substance or material as those terms are now or are
hereafter defined or regulated under any federal, state, or local law in including but no limited
to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA
42 USC et seq.), or the Washington Model Toxic Control Act (MTCA RCW 70.105D.010.).
Grantee shall immediately notify State if the Grantee becomes aware of any release or
threatened release of hazardous substance on the Easement Area or adjoining the Easement
Area. If the release of hazardous substance occurs in, on, under, or above the Easement Area
arising out of any action of the Grantee, its contractors, subcontractors, invitees, agents,
employees, licenses, or permittees, the Grantee shall, at its sole expense, promptly take all
actions necessary or advisable to clean up, contain, and remove the hazardous substance in
accordance with applicable laws.
Any cleanup shall be performed in a manner approved in advance in writing by State, except
in emergency situations Grantee may take reasonable and appropriate actions without advance
approval.
Survey Markers. Grantee shall not destroy any land survey corner monuments and/or
reference points (including but not limited to corner markers, witness objects, or line markers)
without prior written approval from State, which shall not be unreasonably withheld.
Monuments or reference points that must necessarily be disturbed or destroyed during road
construction or maintenance activities must be adequately referenced and replaced, at the
Grantee's cost, under the. direction of State of Washington Professional Land Surveyor, in
accordance with all applicable laws of the State of Washington in force at the time of
construction, including but not limited to RCW 58.24, and all Department of Natural
Resources regulations pertaining to preservation of such monuments and reference points.
4 of 9 Easement No. 50- 089458
Construction/Reconstruction. Sixty (60) days prior to any construction or reconstruction by
Grantee on the Easement Area, Grantee shall submit a written plan of construction to State
outlining the construction or activity for State's approval, which shall not be unreasonably
withheld. In the event of an emergency requiring immediate action to protect person or
property, Grantee may take reasonable corrective action without prior notice to State. All
construction or reconstruction shall comply with applicable state or local laws.
Maintenance, Repair, and Improvements. Grantee shall have sole responsibility for the
maintenance, repair and improvement of the road to applicable road standards.
Weed Control/Pesticides. The Grantee shall control at its own cost, all noxious weeds on
any portion of the Easement Area herein granted. Such weed control shall comply with
county noxious weed control board rules and regulations established under the Uniform
Noxious Weed Control Statute (Chapter 17.10 RCW). The Grantee shall be responsible for,
or shall immediately reimburse State any weed control cost incurred as a result of the
Grantee's failure to control weeds on the Easement Area.
The aerial application of pesticides is not permitted.
Notice. Any notices or submittals required or permitted under this Easement may be
delivered personally, sent by facsimile machine or mailed first class, return receipt requested,
to the following addresses or to such other place as the parties hereafter direct. Notice will be
deemed given upon delivery, confirmation of facsimile, or three days after being mailed,
whichever is applicable.
To State:
DEPARTMENT OF NATURAL RESOURCES
Attn. Rodney Rennie, Product Sales and Leasing Division
1111 Washington Street SE
PO Box 47014
Olympia WA 98504 -7014
To Grantee:
City of Pasco, Washington
525 North Third Avenue
Pasco, Washington, 99301
Recording. Grantee shall record this Easement in the county in which the Easement Property
is located, at Grantee's sole expense. Grantee shall provide State with a copy of the recorded
Easement. Grantee shall have thirty (30) days from the date of delivery of the final executed
5 of 9 Easement No. 50- 089458
agreement to comply with the requirements of this section. If Grantee fails to record this
Easement, State may record it and Grantee shall pay the costs of recording, including interest,
upon State's demand.
Abandonment. hi the event any portion of the road is abandoned, the Grantee shall take the
necessary legal action to vacate such portions and shall immediately restore the land within all
vacated portions to natural conditions as may be directed by State. In restoring the land, all
asphalt shall be removed from the vacated portion; the asphalt shall not be deposited on the
adjacent State land. In addition, the land surface shall be scarified to blend with the adjoining
landscape.
Noncompliance. State shall notify the Grantee of any instance of noncompliance by the
Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees
with any of the terms and conditions hereof. Such notice will specifically identify the manner
of noncompliance herewith.
In the event the Grantee does not undertake, or cause to be undertaken, remedial action within
forty five (45) days following receipt of said notice, State, acting by and through its Region
Manager at Ellensburg, Washington, may suspend the Grantee's operations until such time as
effective remedial action is taken.
Construction.
The terms of this Easement shall be
given their
ordinary meaning unless
defined herein
and shall not be presumed construed
against the
drafter.
Effective Date. The Effective Date of this Easement shall be the date on which the last party
executes this Easement. The Effective Date will be inserted on the first page of the Easement
when such date is determined.
Exhibits. All exhibits referenced in this Easement are incorporated as part of the Easement.
Headings. The headings in this Easement are for convenience only and are not intended to,
and shall not be construed to, limit, enlarge, or affect the scope or intent of this Easement nor
the meaning of any of its provisions.
Modification. Any modification of the Easement must be in writing and signed by the
parties. State shall not be bound by any oral representations or statements.
Non - waiver. The waiver by State of any breach or the failure of State to require strict
compliance with any term herein shall not be deemed a waiver of any subsequent breach.
Severability. If any provision of this Easement shall be held invalid, it shall not affect the
validity of any other provision herein.
6 of 9 Easement No. 50- 089458
IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, as
of the day and year first above written.
CITY MANAGER
CITY OF PASCO WASHINGTON
Dated: , 20_ By:
GARY CRUTCHFIELD
525 North Third Avenue
Pasco, Washington, 99301
(509) 545 -3404
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: 20_. By:
PETER GOLDMARK
Commissioner of Public Lands
P.O. Box 7000
1111 Washington Street SE
Olympia WA 98504 -7000
Affix the Seal of the Commissioner of Public Lands
Approved as to form
October 18, 2002
by Mike Rollinger
Assistant Attorney General
for the State of Washington
7 of 9 Easement No. 50- 089458
REPRESENTATIVE ACKNOWLEDGMENT
State of Washington
County of
I certify that I know or have satisfactory evidence that is
the individual who appeared before me, and said individual acknowledged that they signed
this instrument, on oath stated that they were authorized to execute the instrument and
acknowledged it as the City Manager of Pasco Washington to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
(Signature)
(Seal or stamp)
(Print Name)
Notary Public in and for the State of Washington,
residing at
My appointment expires
8 of 9 Easement No. 50- 089458
STATE ACKNOWLEDGMENT
State of Washington
County of Thurston
I certify that I know or have satisfactory evidence that PETER GOLDMARK is the person
who appeared before me, and said person acknowledged that he signed this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it as the
Commissioner of Public Lands, and administrator of the Department of Natural Resources of
the State of Washington to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
(Seal or stamp)
(Signature)
(Print Name)
Notary Public in and for the State of Washington,
residing at
My appointment expires
9 of 9 Easement No. 50- 089458
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AGENDA REPORT
TO: City Council
FROM: Gary Crutch Manager
I
SUBJECT: Appointment to TRAC Advisory Board
I. REFERENCE(S):
July 26, 2013
Regular Mtg.: 07/29/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
07/29: MOTION: I move to concur in the Mayor's appointment of Carl Leth to a 3-
year term on the TRAC Advisory Board, to expire July 1, 2016.
III. FISCAL IMPACT:
(none)
IV. HISTORY AND FACTS BRIEF:
A) The city entered into an hiterlocal Agreement with Franklin County in 1993
providing for the joint development of the TRAC Facility. The agreement
provides for a TRAC Advisory Board, composed of seven members, to advise the
County Commission regarding all aspects of the TRAC Facility (financial,
operational, etc). The advisory committee is to be composed of three members
residing outside of Pasco but within Franklin County and appointed by the county
commissioners; three members residing within the City of Pasco and appointed by
the city council; a seventh member selected by mutual agreement of the six
appointed advisory board members.
B) The city representatives on the TRAC Advisory Board have historically been two
councilmembers and one Pasco citizen: the most recent Pasco citizen to sit on the
board was Leonard Dietrich, who resigned in 2010.
C) Council discussed this matter several weeks ago and concluded that it would be
preferable to have the third city representative seat filled by a citizen rather than
by another councilmember.
V. DISCUSSION:
A) During interviews of applicants for the Pasco Public Facilities District Board,
Mayor Watkins concluded that Carl Leth represented an excellent opportunity to
provide both a strong and experienced citizen candidate for the TRAC Advisory
Board as well as one with great depth in the commercial finance field. Thus,
Mayor Watkins proposes to appoint Mr. Leth to the TRAC Advisory Board and
seeks council concurrence.
3(d)
AGENDA REPORT NO. 28
FOR: City Council I �o-\ July 18, 2013
TO: Gary Crutchfiel 'ty nager
Ahmad Qayom I WWI Works Director
FROM: Michael A. Pawlak, City Engineer' Regular Mtg.: 7/29/13
SUBJECT: Resolution Re- Setting Public Hearing for LID 148 Final Assessments
I. REFERENCE(S):
1. Resolution
2. Vicinity Map
3. Notice of Public Hearing
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
07/29: MOTION: I move to approve Resolution No. WF fixing 7:00
p.m. Tuesday, September 3, 2013, as the re- scheduled time and
date to conduct a public hearing to consider the Final
Assessment Roll of LID No. 148.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) LID 148 was formed by Ordinance No. 3988 on January 18, 2011.
B) The LID included the installation of curb, gutter and sidewalk, street widening
and street lights from Cedar Avenue to Sycamore Avenue and from Butte Street
to Alton Street.
C) Construction work is now complete. The final assessment roll must be approved
by City Council after direct notice to the property owners and a public hearing.
V. DISCUSSION:
A) City Council passed Resolution No. 3482, on June 17, 2013 setting a public
hearing for July 29, 2013 for the final assessment roll for LID 148.
B) Staff requires additional time in order to completely prepare the necessary
documentation and issue the proper legal notices for the final assessment process
and respectfully requests Council to postpone and reschedule the public hearing
date to September 3, 2013.
C) The hearing for the final assessment roll for LID 148 will take place on September
3, 2013 during a scheduled City Council meeting.
D) Staff recommends that the City Council approve the Resolution to set the Public
Hearing for the Final Assessment Roll.
3(e)
CITY OF PASCO, WASHINGTON
RESOLUTION NO. �7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON RELATING TO LOCAL IMPROVEMENT DISTRICT NO. 148;
AMENDING RESOLUTION 3482 AND FIXING THE TIME AND PLACE FOR
HEARING ON THE FINAL ASSESSMENT ROLL FOR LOCAL IMPROVEMENT
DISTRICT NO. 148; AND DIRECTING THAT NOTICE THEREOF BE GIVEN IN THE
MANNER REQUIRED BY LAW,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, as follows:
Section 1. The final assessment roll for Local Improvement District No. 148, which
was created and established by Ordinance No. 3988 (passed by the City Council on January 18,
2011), has been prepared as provided by law and is on file with the City Clerk.
Section 2. The hearing on the final assessment roll for Local Improvement District
No. 148 will be held before the City Council on September 3, 2013 at 7:00 p.m., local time, in
the Council Chambers, City Hall, 525 N. Third Avenue, Pasco, Washington. The City Clerk is
instructed to cause notice to be given both by mailing and publication as required by law.
ADOPTED by the City Council of the City of Pasco, Washington, at a special regular
open public meeting thereof on the day of 92013.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
EXHIBIT A
LID 148 — Kurtzman's Park Street Improvements
In — From — To Description
In Street
From
To
Sycamore Avenue
Butte Street
Alton Street
Hugo Avenue
Butte Street
Alton Street
Waldemar Avenue
Butte Street
Alton Street
Cedar Avenue
Butte Street
Alton Street
Helena Street
150 feet West of Sycamore Avenue
Cedar Avenue
Alton Street
Hugo Avenue
200 feet east of
Waldemar Avenue
The LID 148 Improvements include road widening, curb, gutter, sidewalk, storm drain system,
and street lighting.
EXHIBIT B
LID 148 — Kurtzman's Park Street Improvements
Legal description of the boundary:
That portion of the South half of Section 28, Township 9 North, Range 30 East in the City of Pasco,
Franklin County, Washington more accurately described as follows:
Kurtzman's First Addition Block 1, North one -half Lot 14 and Lots 15 through 22
together with those
adjacent portions of vacated Sycamore Avenue;
Together with Kurtzman's First Addition Block 2, Lots 1 through 22 together
with those adjacent
portions of vacated Hugo Avenue, Helena Street and Sycamore Avenue;
Together with Kurtzman's First Addition Block 3, Lots I through 22 together
with those adjacent
portions of vacated Waldemar Avenue, Helena Street and Hugo Avenue;
Together with Kurtzman's First Addition Block 4, Lots I through 22 together
with those adjacent
portions of vacated Waldemar Avenue and Helena Street;
Together with Kurtzman's First Addition Block 5, Lots 1 through 32 together
with those adjacent
portions of vacated Butte Street, Waldemar Avenue and Helena Street;
Together with Kurtzman's First Addition Block 6, Lots 1 through 14 and Lots 25
through 32 together
with those adjacent portions of vacated Hugo Avenue, Waldemar Avenue and Helena Street;
Together with Kurtzman's First Addition Block 7, Lots 6 through 28 together
with those adjacent
portions of vacated Butte Street, Sycamore Avenue and Hugo Avenue;
Together with Kurtzman's First Addition Block 8, Lots 23 through 32 together
with those adjacent
portions of vacated Sycamore Avenue and Helena Street;
Together with the West 30 rods of the Southwest quarter of the Southeast quarter
of Section 28,
Township 9 North, Range 30 East W.M., except the South 880 feet and the West
15 feet thereof.
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CITY OF PASCO, WASHINGTON
NOTICE OF HEARING ON FINAL ASSESSMENT ROLL
LOCAL IMPROVEMENT DISTRICT NO. 148
NOTICE IS GIVEN that the final assessment roll for Local Improvement District No. 148
(the "District "), established for the purpose of making improvements to Waldemar, Cedar, Hugo and
Sycamore Avenues and Alton, and Helena Streets in the Kurtzman area to City street standards,
including road widening, curb, gutter, sidewalk, storm drain system and street lighting, has been
filed. The improvements and LID No. 148 were ordered by Ordinance No. 3988 of the City of
Pasco, Washington (the "City "). The assessment roll has been prepared as required by law and is on
file and open to inspection at the office of the City Clerk at City Hall, 525 N. Third Avenue, Pasco,
Washington.
NOTICE FURTHER IS GIVEN that the City Council of the City has fixed the time for the
hearing upon the final assessment roll for 7:00 p.m., local time, on September 3, 2013, in the Council
Chambers in the Pasco City Hall, 525 N. Third Avenue, Pasco, Washington.
Any person desiring to object to any assessment appearing on the final assessment roll for the
District is notified to make all objections in writing and to file them with the City Clerk on or before
the date fixed for the hearing on the final assessment roll. All objections must state clearly the
grounds of the objections and shall contain lot, block and addition, section, tax number, or other
identifying description of the property.
At the time and place fixed, and at such other times to which the hearing may be adjourned,
the City Council will sit as a board of equalization for the purpose of considering objections duly
filed, together with all information and evidence in support of those objections, and for the purpose
of considering such assessment roll. At the hearing, or adjournment thereof, the City Council may
correct, revise, raise, lower, change or modify the roll or any part thereof, or set aside the roll and
order a new assessment. Following the hearing, the City Council will confirm the assessment roll by
ordinance. When property has been entered originally upon the roll, and the assessment thereon is
not raised, no objection shall be considered by the City Council or by any court on appeal unless the
objection is made in writing at or prior to the date fixed for commencement of the hearing upon the
roll.
The amount set forth on the attachment is the amount of the assessment shown on the
assessment roll against the property described thereon as the proportionate share of the cost of the
improvements constructed in the District to be home by such property:
Debra L. Clark, City Clerk
City of Pasco, Washington
NOTICE: If there has been a change in ownership, or if this notice is received by a contract
purchaser or mortgagee, please forward a copy of this notice to the owner and inform the City
Clerk.
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the "City "), hereby
certify as follows:
1. The attached copy of Resolution No. _ (the "Resolution ") is a full, true and
correct copy of an Resolution duly adopted at a Special Regular meeting of the City Council of
the City held at the regular meeting place thereof on July 29, 2013, as that Resolution appears on
the minute book of the City; and the Resolution will be in full force and effect immediately
following its adoption; and
2. A quorum of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for the adoption of
the Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2013.
CITY OF PASCO, WASHINGTON
Debra L. Clark, City Clerk
<AoRa„<
AGENDA REPORT NO, 29
FOR: City Council July 18, 2013
TO: Gary Crutchfield ' Manager
Ahmad Qayou is Works Directo
FROM: Michael A. Pawlak, City Engineer P07'
Regular Mtg.: 7/29/13
SUBJECT: Resolution Re- Setting Public Hearing for LID 149 Final Assessments
I. REFERENCE(S):
1. Resolution
2. Vicinity Map
3. Notice of Public Hearing
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
07/29: MOTION: I move to approve Resolution No. VT fixing 7:00
p.m. Tuesday, September 3, 2013, as the re- scheduled time and
date to conduct a public hearing to consider the Final
Assessment Roll of LID No. 149.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) LID 149 was formed by Ordinance No. 4035 on December 19, 2011.
B) The LID included the construction of roadway improvements, curb and gutter,
sidewalk, storm drainage, and handicap ramps to current ADA standards,
driveway approaches and other associated street work of South Cedar, South
Hugo Avenues and East Alton Street.
C) Construction work is now complete. The final assessment roll must be approved
by City Council after direct notice to the property owners and a public hearing.
V. DISCUSSION:
A) City Council passed Resolution No. 3483, on June 17, 2013 setting a public
hearing for July 29, 2013 for the final assessment roll for LID 148.
B) Staff requires additional time in order to completely prepare the necessary
documentation and issue the proper legal notices for the final assessment process
and respectfully requests Council to postpone and reschedule the public hearing
date to September 3, 2013.
C) The hearing for the final assessment roll for LID 149 will take place on September
3, 2013 during a scheduled City Council meeting. The hearing should be
conducted as early as possible to take advantage of current interest rates during
the sale of bonds.
D) Staff recommends that the City Council approve the Resolution to set the Public
Hearing for the Final Assessment Roll.
3(f)
CITY OF PASCO, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON RELATING TO LOCAL IMPROVEMENT DISTRICT NO. 149;
AMENDING RESOLUTION NO. 3483 AND FIXING THE TIME AND PLACE FOR
HEARING ON THE FINAL ASSESSMENT ROLL FOR LOCAL IMPROVEMENT
DISTRICT NO. 149; AND DIRECTING THAT NOTICE THEREOF BE GIVEN IN THE
MANNER REQUIRED BY LAW.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, as follows:
Section 1. The final assessment roll for Local Improvement District No. 149, which
was created and established by Ordinance No. 4035 (passed by the City Council on
December 19, 2011), has been prepared as provided by law and is on file with the City Clerk.
Section. 2. The hearing on the final assessment roll for Local Improvement District
No. 149 will be held before the City Council on September 3, 2013 at 7:00 p.m., local time, in
the Council Chambers, City Hall, 525 N. Third Avenue, Pasco, Washington. The City Clerk is
instructed to cause notice to be given both by mailing and publication as required by law.
ADOPTED by the City Council of the City of Pasco, Washington, at a special regular
open public meeting thereof on the day of 2013.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
EXHIBIT A
LID 149 — Kurtzman's Park Phase 3 Street Improvements
In — From — To Description
In Street
From
To
S. Hugo Avenue
E. Alton Street
E. Lewis Street
S. Cedar Avenue (West
half street)
E. Alton Street
E. Lewis Street
E. Alton Street
S. Hugo Avenue
S. Cedar Avenue
The LID 149 Improvements include road widening, curb, gutter, sidewalk, storm drain system,
and street lighting, and associated improvements all to City street standards.
VAO64Ji] 1
EXHIBIT B
LID 149 — Kurtzman's Park Phase 3 Street Improvements
Legal description of the boundary:
That portion of the north half of the south half of Section 28, Township 9 North, Range 30 East,
Willamette Meridian, in the City of Pasco, Franklin County, Washington more accurately
described as follows:
Commencing at the center of Section 28, Township 9 North, Range 30 East, Willamette
Meridian (W.M.), in the City of Pasco, Franklin County, Washington: thence, southerly along
the center section line of Section 28, Township 9 North, Range 30 East, W.M., a distance of 30
feet to the south right -of -way line of East Lewis Street, being the True Point of Beginning;
thence, westerly across the right -of -way of South Cedar Avenue to the southwest corner of East
Lewis Street and South Cedar Avenue; thence, westerly along the south right -of -way line of East
Lewis Street across the north line of Acre Park Addition, Block 1, Lot I and 14, continuing
westerly across the right -of -way of South Hugo Avenue; continuing westerly across the north
line of Acre Park Addition, Block 2, Lot 1, to the northwest corner of said lot 1; thence,
southerly along the west line of Lot 1, 2, 3, and 4; thence, continuing southerly along the west
line of Short Plat 2002 -16, Lot 1, 2, and 3, Short Plat 99 -01, Lot 1, 2, and 3, and Short Plat 97-
19, Lot 1 and 2 to the southwest corner of said Lot 2; thence, continuing southerly across East
Alton Street to the south right -of -way line of East Alton Street; thence, easterly along the south
right -of -way line of East Alton Street to the west right -of -way line of South Cedar Avenue;
thence easterly across the right -of -way of South Cedar Avenue to the center section tine of
Section 28, Township 9 North, Range 30 East, W.M., thence northerly along the section line a
distance of 1,292 feet more or less, to the True Point of Beginning.
CITY OF PASCO, WASHINGTON
NOTICE OF HEARING ON FINAL ASSESSMENT ROLL
LOCAL IMPROVEMENT DISTRICT NO. 149
NOTICE IS GIVEN that the final assessment roll for Local Improvement District No. 149
(the "District') is established for the purpose of making improvements to "South Cedar and South
Hugo Avenues and East Alton Street, to City street standards, including road widening, curb, gutter,
sidewalk, storm drain system and street lighting. The improvements and LID were ordered by
Ordinance No. 4035 of the City of Pasco, Washington (the "City "). The assessment roll has been
prepared as required by law and is on file and open to inspection at the office of the City Clerk at
City Hall, 525 N. Third Avenue, Pasco, Washington.
NOTICE FURTHER IS GIVEN that the City Council of the City has fixed the time for the
hearing upon the final assessment roll for 7:00 p.m., local time, on September 3, 2013, in the Council
Chambers in the Pasco City Hall, 525 N. Third Avenue, Pasco, Washington.
Any person desiring to object to any assessment appearing on the final assessment roll for the
District is notified to make all objections in writing and to file them with the City Clerk on or before
the date fixed for the hearing on the final assessment roll. All objections must state clearly the
grounds of the objections and shall contain lot, block and addition, section, tax number, or other
identifying description of the property.
At the time and place fixed, and at such other times to which the hearing may be adjourned,
the City Council will sit as a board of equalization for the purpose of considering objections duly
filed, together with all information and evidence in support of those objections, and for the purpose
of considering such assessment roll. At the hearing, or adjournment thereof, the City Council may
correct, revise, raise, lower, change or modify the roll or any part thereof, or set aside the roll and
order a new assessment. Following the hearing, the City Council will confirm the assessment roll by
ordinance. When property has been entered originally upon the roll, and the assessment thereon is
not raised, no objection shall be considered by the City Council or by any court on appeal unless the
objection is made in writing at or prior to the date fixed for commencement of the hearing upon the
roll.
The amount set forth on the attachment is the amount of the assessment shown on the
assessment roll against the property described thereon as the proportionate share of the cost of the
improvements constructed in the District to be borne by such property:
Debra L. Clark, City Clerk
City of Pasco, Washington
NOTICE: If there has been a change in ownership, or if this notice is received by a contract
purchaser or mortgagee, please forward a copy of this notice to the owner and inform the City
Clerk.
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the "City "), hereby
certify as follows:
1. The attached copy of Resolution No. (the "Resolution ") is a full, true and
correct copy of an Resolution duly adopted at a special regular meeting of the City Council of
the City held at the regular meeting place thereof on July 29, 2013, as that Resolution appears on
the minute book of the City; and the Resolution will be in full force and effect immediately
following its adoption; and
2. A quorum of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for the adoption of
the Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand this day of 2013.
CITY OF PASCO, WASHINGTON
Debra L. Clark, City Clerk
AGENDA REPORT
FOR: City Council July 19, 2013
TO: Gary Crutchfie Manager Special Mtg.: 7/29/13
Rick White,
Community & l conomic Development Director%
FROM: Shane O'Neill, Planner I 1'
SUBJECT: REZONE: (MF# Z 2013 -003) Rezone from R -2 (Medium - Density Residential) to
C -1 (Retail Business)
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Ordinance
3. Planning Commission Report
4. Planning Commission Minutes: Dated 6/20/13 & 7/18/13
H. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
7/29: MOTION: I move to adopt Ordinance No. , an Ordinance
rezoning the property located at 2302 E. Lewis Street from R-
2 to C -1, and further, authorize publication by summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On June 20, 2013 the Planning Commission conducted a public hearing to determine
whether or not to recommend a Rezone from R -2 (Medium- Density Residential) to C-
1 (Retail Business) for an approximately one acre parcel located at 2302 E. Lewis
Street.
B. Following the conduct
of a public
hearing,
the Planning Commission
reasoned it
would be appropriate to
recommend
a change
in zoning for the property in
question.
C. No written appeal of the Planning Commission's recommendation has been received.
8(a)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE
ZONING CLASSIFICATION OF PROPERTY LOCATED AT 2302 EAST LEWIS
STREET FROM R -2 (MEDIUM DENSITY RESIDENTIAL) TO C -1 (RETAIL
BUSINESS).
WHEREAS, a complete and adequate petition for change of zoning classification has been
received and an open record hearing having been conducted by the Pasco Planning Commission upon such
petition; and,
WHEREAS, that the effect of the requested change in zoning classification shall not be
materially detrimental to the immediate vicinity; and,
WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the
requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the
requested change in zoning classification is consistent with or promotes the goals and objectives of the
Comprehensive Plan serving the general public interest in the community, and (C) there has been a change
in the neighborhood or community needs or circumstances warranting the requested change of the zoning
classification; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map,
accompanying and being part of said Ordinance shall be and hereby is changed from R -2
(Medium Density Residential) to C -1 (Retail Business) for the real property as shown in the Exhibit
"1" attached hereto and described as follows:
The north 248.71' of the west 228.71' of the northwest quarter of the northwest quarter of
the southeast quarter of Section 28, Township 9 North, Range 30 East W.M.
Section
2. This ordinance
shall take full force and effect five (5)
days after its approval, passage
and publication
as required by law.
Passed by the City Council of the City of Pasco this 29 ° day of July, 2013.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
REPORT TO THE PLANNING COMMISSION
MASTER FILE NO: Z 2013 -003 APPLICANT: Jeff McClure
HEARING DATE: 6/20/13 29 Wayne Ct
ACTION DATE: 7/18/13 Burbank, WA 99323
BACKGROUND
REQUEST: REZONE Rezone from R -2 (Medium - Density Residential) to C-
1 (Retail Business).
1. PROPERTY DESCRIPTION:
Legal: That portion of Section 28, Township 9 North, Range 30 East W.M.
described as follows; the north 248.71' of the west 228.71' of the
northwest quarter of the northwest quarter of the southeast
quarter of Section 28, Township 9 North, Range 30 East W.M.
General Location: 2302 East Lewis Street
Property Size: The parcel is approximately 1. 15 acres.
2. ACCESS: The property has access from both Lewis Street and Cedar
Avenue.
3, UTILITIES: All utilities are available to the site. Utilities will need to be
extended into the site prior to development.
4. LAND USE AND ZONING: The site is currently zoned R -2 (Medium -
Density Residential). The site contains a 2,400 square foot metal
structure. Surrounding properties are zoned and developed as follows:
North C -3 - Commercial
South R -2 - Vacant
East R -2 - Residential
West C-1- Vacant
50 COMPREHENSIVE PLAN: The Comprehensive Plan designates this area
for Commercial uses. Most of the parcels fronting Lewis Street east of
Sycamore Avenue are designated for commercial uses.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other
information, a threshold determination resulting in a Determination of
Non - significance (DNS) has been issued for this project under WAC 197-
11 -158.
1
ANALYSIS
The applicant (Mr. McClure) has requested a change of zoning for his parcel
located on the southeast corner of Lewis Street and Cedar Avenue. After a
lengthy history of Code Enforcement activity related to commercial uses in a
residential zone, Mr. McClure has applied to change the parcel's zoning from R-
2 (Medium Density Residential) to C -1 (Retail Business).
The site in question previously contained a gas station which was demolished
many years ago. In 1970, a 2,400 square foot metal shop building was
constructed on the site. Currently, the site is being used for storage of various
items; most of which are items typically associated with commercial bee
keeping. Some time ago the applicant located commercial/ industrial cargo
storage containers on the property. The parcel is fenced with metal wire
fencing and from the roadway appears to be a type of commercial storage yard.
By Code, the fore mentioned conditions are not suitable in the R -2 district, nor
would said conditions be permitted in the C -1 zone.
As a strategy to bring some of the Code violations into conformance, the owner
wishes to apply commercial zoning to the parcel. A change in zoning
classification alone however will not simply eliminate all existing Code
violations; there are certain site development standards that would need to be
met before a commercial business may be formally established and licensed.
It should be noted that the site is adjacent to the Bonnie Brae residential park
to the east. Special consideration should be taken when proposing commercial
zoning adjacent to residential uses. In terms of use, Bonnie Brae conforms to
its respective zoning and Comprehensive Plan Land Use Designation.
The initial review criteria for considering a rezone application are explained in
PMC. 25.88.030. The criteria are listed below as follows:
1. The date the existing zone became effective:
The current zoning classification was established when the property was
annexed in 1994.
2. The changed conditions in the vicinity which warrant other or additional
zoning:
The Lewis Street freeway interchange was built from 1996 to 1997 adding to the
volume of commercial vehicle traffic on Lewis Street. Since 1994 right -of -way
improvements have been made to Lewis Street between Oregon Avenue and
Cedar Avenue. Those improvements included the installation of sidewalks, street
trees and roadside landscaping strips. Recently, an L.I.D. in this vicinity was
completed, adding curbs, gutters, sidewalks, etc. to much of the residential
roadways directly south of the site. The owner of this property did not
participate in the L.I.D. Since 1994 several hundred residential units were built
in the vicinity which adds to the customer base in this part of the community.
2
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The rezone would facilitate development of a commercial land use on Lewis
Street which is a main arterial road serving fairly dense residential
neighborhoods to the north and south. Much of the land fronting on the south
side of Lewis Street east of Oregon Ave contains non- residential uses. The site
was developed as a commercial gas station before being annexed into the city.
Upon annexation in 1994 a relatively large area of land, which included the
subject site, was designated with the R -2 zoning classification. The R -2 zone
was applied to the annexed land because at the time that area contained the
Bonnie Brae trailer park. Since 1994 other non - residential development has
occurred on Lewis Street. Rezoning the site may facilitate the property becoming
fully developed with the necessary infrastructure, landscaping and building
improvements. The proposal could have a positive impact upon the general
public and the welfare of the community by enhancing the eastern entrance to
the City. Such development supports past public expenditures for streetscape
improvements along East Lewis Street. Additionally, the rezone will provide
more area for the development of retail services serving many of the new homes
in the area.
4. The effect it will have on the nature and value of adjoining property and
the Comprehensive Plan:
Based on past experience with rezoning underutilized land and evidence
provided by tax records of Franklin County, the proposed rezone will not
negatively impact adjoining properties. Rezoning the property will assist with
the implementation of the Comprehensive Plan. In May, 2013 staff researched
the tax record history for homes located adjacent to parcels zoned C -1 compared
to homes not abutting CA zones. The tax records indicate no significant
difference between the two categories, homes adjacent to C -1 zoned parcels held
the same patterns in assessed value as the homes not abutting C -1 zones.
5. The effect on the property owners if the request is not granted:
Retaining the residential zoning for the parcel would require the owner cease all
on -site commercial and /or industrial business activity. The existing metal
building could not be used until a residential use is established. It may also be a
requirement that any proposed residential structure be larger in floor area than
the existing 2,400 square foot metal building or to remove the metal building
before residential construction would be permitted.
6. The Comprehensive Plan land use designation for the property:
The Comprehensive Plan designates the site for Commercial uses. A change in
zoning classification from R -2 (Medium - Density Residential) to CA (Retail
Business) is consistent with the Plan's Land Use Map. Plan Policy LU -4 -B
encourages the location of commercial facilities at major street intersections to
avoid commercial sprawl and avoid disrupting residential neighborhoods, and to
leverage major infrastructure availability. The site in question is located on
3
Lewis Street (major arterial) very near the intersection of Heritage Boulevard
which ultimately serves as a freeway on -ramp. The sites' locational circumstance
may best serve the city in a commercial capacity.
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 approximately 1. 15 acres in area.
2. The site is currently zoned R -2 (Medium- Density Residential).
3. The Comprehensive Plan designates the site for Commercial uses.
4. The proposed change of zoning is consistent with the Comprehensive
Plan.
5. The site previously contained a gas service station which also
distributed bulk oil products.
6. The site was developed with an automotive service station and bulk oil
distribution facility while in Franklin County's jurisdiction.
7. The site fronts both Lewis Street and Cedar Avenue.
8. The Commercial Land Use Designation in the Comprehensive Plan
includes the C -1 (Retail Business) zone.
9. City records indicate the property owner has been conducting non-
residential activity on the site for the past few years.
10. The existing 2,400 square foot metal shop structure was constructed
in 1970.
11. The site was annexed into the city in 1994 by Ordinance #3033.
12. The R -2 zone was applied to the site upon annexation.
13. East Lewis Street between Oregon Avenue and Cedar Avenue was
treated with right -of -way improvements including sidewalks, street
trees and roadside landscaping strips.
14. Since 1994 several hundred residential housing units were
established in that area of the community east of Oregon Avenue.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a Rezone, the Planning Commission
must develop its conclusions from the Findings of Fact based upon the criteria
listed in P.M.C. 25.88.060 and determine whether or not:
1. The proposal is in accordance with the goals and policies of the
Comprehensive Plan.
The proposal is consistent with the Comprehensive Plan Land Use Map and
several Plan policies and goals. The request for C -1 zoning is consistent with the
Commercial Land Use Designation.
12
2. The effect of the proposal on the immediate vicinity will not be materially
detrimental.
The application of the C -1 zone alone will not authorize the owner to continue his
current business activity without developing the site to current standards. The
nature of the current non - residential activity detracts from the appeal of the
vicinity. The C -1 zone in this location will not inherently be a detriment to the
immediate vicinity. Many uses permitted in the C -1 zone would be beneficial in
serving the surrounding neighborhoods.
3. There is merit and value in the proposal for the community as a whole.
Surrounding residential neighborhoods may support increased commercial
developments fronting Lewis Street. The CA zone in this location is consistent
with the City's Comprehensive Plan. The rezone will facilitate the establishment
of additional commercial services on Lewis Street. Considering the dense
residential development, primarily to the north, there may be value and merit to
increasing the commercial land bordering the main arterial road which serves the
vicinity. Due to its ease of access, the most suitable use of land immediately
surrounding the Lewis Street freeway interchange may be that of a commercial
node.
4. Conditions should be imposed in order to mitigate any significant
adverse impacts from the proposal.
The applicant has not proposed any specific development plan to be considered
for the application of any special conditions or restrictions beyond those built into
the C -1 zoning language. The C -1 zone contains requirements for special permit
review for uses which may be disruptive to adjacent or nearby residences. CA
permitted uses were developed with consideration to the fact that C -1 zones
commonly abut residential zones throughout the city. No special site - specific
conditions are proposed by staff.
5. A Concomitant Agreement should be entered into between the City and
the petitioner, and if so, the terms and conditions of such an agreement.
A Concomitant Agreement is not proposed by staff.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact
and conclusions therefrom as contained in the July 18, 2013
staff report.
MOTION for Recommendation: I move based on the findings
of fact and conclusions as adopted the Planning Commission
recommend the City Council approve the rezone from R -2
(Medium Density Residential) to C -1 (Retail Business) for 2302
E. Lewis Street.
5
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Planning Commission Minutes
6/20/2013
B. Rezone Rezone from R -2 (Medium Density
Residential) to C -1 (Retail Business) (Jeff
McClure ) (MF # Z 2013 -003
Chairman Hilliard read the master file number and asked for comments from
staff.
Shane O'Neill, Planner I, discussed the rezone application from R -2 (Medium
Density Residential) to C -1 (Retail Business). The site is developed with a
metal structure and much of the frontage is unimproved. The Comprehensive
Plan designates the site for Commercial Use.
Mr. O'Neill provided additional background related to Code Enforcement on the
property and the adjacent Bonnie Brae Mobile Home Park.
Staff recommended the site be rezoned C -1 consistent with the Comprehensive
Plan.
Commissioner Greenaway stated that in 1970 the property had a gas station
and wondered how the property ever became zoned Residential.
Mr. O'Neill
answered the gas
station was
built when the property was in the
County and
he was unsure of
the zoning at
the time.
Commissioner Greenaway asked what year the City took possession of the
property.
Mr. O'Neill stated it was annexed in 1994.
Jeff McClure, 2303 E. Lewis Street, spoke on behalf of his application.
Chairman Hilliard asked the applicant if he had any questions for the Planning
Commission.
Mr. McClure responded he did not.
Commissioner Anderson asked the applicant what he intended to use this
property for if it is rezoned Commercial.
Mr. McClure answered that he does not do any business at this site. He would
like to use this location to store his beekeeping supplies. He does not have any
bees at this location.
With no further comments the public hearing closed.
Commissioner Polk moved, seconded by Commissioner Greenaway, to close the
public hearing on the proposed rezone and initiate deliberations and schedule
adoption of findings of fact, conclusions and a recommendation to the City
Council for the July 18, 2013 meeting. The motion passed unanimously.
Planning Commission Minutes
7/18/2013
B. Rezone Rezone from R -2 (Medium Densiit
Residential) to C -1 (Retail Business) (Jeff
McClure) (MF # Z 2013 -003)
Chairman Cruz read the master file number and asked for comments from
staff.
Rick White, Community & Economic Development Director, explained there
was nothing to add from what was explained at the previous meeting.
Commissioner Greenaway moved, seconded by Commissioner Hilliard, to adopt
the findings of fact and conclusions therefrom as contained in the July 18,
2013 staff report. The motion passed unanimously.
Commissioner Greenaway moved, seconded by Commissioner Hilliard, based
on the findings of fact and conclusions as adopted the Planning Commission
recommend the City Council approve the rezone from R -2 (Medium Density
Residential) to C -1 (Retail Business) for 2302 E. Lewis Street. The motion
passed unanimously.
Mr. White stated that
this will
go
to City Council at their Special Meeting on
July 29, 2013 unless an appeal
is
received.
AGENDA REPORT
FOR: City Council n July 24, 2013
TO: Gary Crutchfie11'i°jtUManager Special Mtg.: 7/29/13
Rick White, -� v
Community & kconomic Development Directorij J
FROM: David McDonald, City Planner ' �/
SUBJECT: PRELIMINARY PLAT (MF# PP 2013 -001): Aintree Subdivision. (Aintree Ln
& Aintree Dr.)
I. REFERENCE(S):
Overview and Vicinity Maps
Proposed Resolution
Preliminary Plat (Council packets
Planning office, the Pasco Library
wa.gov/citycotincilreports).
Report to the Planning Commission
only;
copy available for
public
review
in the
and on
the City's webpage
at
http://www.pasco-
5. Planning Commission Minutes: Dated 6/20/13 & 7/18/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/29: MOTION: I move to approve Resolution No. , approving the
Preliminary Plat for the Aintree subdivision.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On June 20, 2013, the Planning Commission conducted a public hearing to develop a
recommendation for the City Council on the Preliminary Plat for the Aintree
subdivision. The Aintree subdivision is a proposed 15 -lot subdivision located south
of Aintree Drive.
B. Following the conduct of a public hearing, the Planning Commission determined that
with conditions related to sewer service and other infrastructure needs, the
Preliminary Plat could be recommended for approval. The recommended conditions
are contained in the attached resolution.
C. No written appeal of the Planning Commission's recommendation has been received.
8(b)
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VICINITY MAP
NOT TO SCALE
Owner.
Steven 6 Crystal A/tlrich
6720 Aintree Drive
Pasco, WA 99301
ApplicanVDeveloper.
Hayden Enterprises, lire.
AM: Nathan Machiela
2464 SW Glacier Place, Suite 110
Retlmontl, OR 97756
(509) 554-0858
Engineer.
HDJ Design Group, PLLC
Attu: Jason Mattox, P.E
6115 BuAen Blvd, Suite E
Pasco, We 99301
(509) 5475119
Preliminary Plat Prepared by:
HDJ Design Group, 1XI. L.C.
Attn: Jason MatMx, P.E.
6115 Burden Blvd, Suite E
Pasco, We 99301
(509) 547 -5119
Surveyor.
HDJ Design Group, P.L.L.C.
Ann: Tent' Goodman, PLS
300 W. 15th Street Suite 301
Vancouver, We 98660
(360) 695 -3488
Site Area Data:
Zoning: Current (RT), Proposed R -1
Total Site Area: 5.12 Acres
Total Public Road Right of Way Area: 1.00 Acres
Total Lot Count: 15 Lots - Minimum Lot Area 7,814 Square Feet
Maz Lot Area: 26,648 Square Feet
Average Lot Area: 12,034 Square Feet
NOTE:
LOT 38 UNDER OWNERSHIP BY THE APPLICANT.
BOUNDARY LINE ADJUSTMENT WILL BE REQUIRED
TO CREATE LOT 2.
UTILITY SUMMARY
WATER TO BE PROVIDED FROM EXISTING WATER LINE
IN AINTREE DRIVE. SERVICES SHALL BE PROVIDED TO
INDIVIDUAL HOMES FIRE HYDRANTS SHALL BE PLACED
AS REQUIRED BY CITY CODE AND FIRE DEPT
REQUIREMENTS.
SANITARY SEWER TO BE PROVIDED TO THE PROPERTY
FROM EITHER PIMLICO DRIVE OR FROM EXISTING CITY
MAINLINE LOCATED SOUTH OF THE CANAL.
STORM DRAINAGE SHALL BE COLLECTED IN THE
STREET AND DISPOSED OF VIA SUBSURFACE
INFILTRATION IN ACCORDANCE WITH CITY STANDARDS
IRRIGATION TO BE PROVIDED FROM LINE IN AINTREE
DRIVE.
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1
RESOLUTION NO.
A RESOLUTION APPROVING A PRELIMINARY PLAT FOR
THE AINTREE SUBDIVISION.
WHEREAS, RCW 58.17 enables the City to uniformly administer the process of
subdividing property for the overall welfare of the community; and,
WHEREAS, owners and developers of property situated in the southwest quarter of
Section 15, Township 9 North, Range 29 East, W.M., have requested approval of a preliminary
plat; and,
WHEREAS, the Planning Commission has reviewed said preliminary plat which is named
Aintree; and,
WHEREAS, following a public hearing, the Planning Commission found the proposed
plat promoted the general welfare of the community and recommended said preliminary plat be
approved with conditions; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the preliminary plat for the Aintree Subdivision, located in the southwest quarter of Section
15, Township 9 North, Range 29 East W.M., is hereby approved with the following conditions:
The developer shall install a properly designed irrigation system meeting the
specifications of the Franklin County Irrigation District;
2. At the time lots are developed, all abutting roads and utilities shall be installed to City
standards as approved by the City Engineer. This includes, but is not limited to water and
sewer lines, streets, street lights and storm water retention. The handicapped accessible
pedestrian ramps must be completed with the street and curb improvements prior to final
Plat approval. All proposed utilities must be installed underground by the developer at the
developer's expense;
3. The sewer line serving the plat must connect to City sewer in a manner and at a location
approved by the Director of Public Works;
4. The developer/builder shall pay the "traffic impact fee" established by ordinance at the
time of issuance of building permits for homes. Fees collected shall be placed in a fund
and used to finance signalization and other improvements necessary to mitigate traffic
impacts on the circulation system within the I -182 corridor;
The developer/builder shall mitigate impacts to the Public School System by the "school
impact fee" established by Ordinance at the time of issuance of building permits for
homes;
6. No utility vaults, pedestals, or other obstructions will be allowed at street intersections;
7. All storm water is to be disposed of per City and State codes and requirements;
8. The developer shall insure active and ongoing dust, weed and litter abatement activities
occur during the construction of the subdivision and construction of dwellings thereon;
9. The developer shall install a common fence along the Franklin County Irrigation District
canal to match the common fence in the Chapel Hill subdivision to the east. No access
shall be permitted through the common fence to the irrigation canal right -of -way;
10. The developer shall be responsible for the creation of record drawings. All record
drawings shall be created in accordance with the requirements detailed in the Record
Drawing Requirements and Procedure form provided by the Engineering Division. This
form shall be signed by the developer prior to construction plan approval;
11. All engineering designs for infrastructure and Final Plat drawings shall utilize the
published City of Pasco Vertical Control Datum and shall be identified on each such
submittal;
12. The Final Plat shall contain a 10 -foot utility easement parallel to all streets;
13. The Final Plat shall contain the following Franklin County Public Utility District
statement: "The individual or company making improvements on a lot or lots of this Plat
is responsible for providing and installing all trench, conduit, primary vaults, secondary
junction boxes, and backfill for the PUD's primary and secondary distribution system in
accordance with PUD specifications; said individual or company will make full advance
payment of line extension fees and will provide all necessary utility easements prior to
PUD construction and/or connection of any electrical service to or within the Plat";
14. Street lighting must be installed to the City of Pasco /Franklin County PUD standards and
as directed by the City Engineer. Residential street lights are typically installed every 300
feet, and collector /arterial type street lights are typically installed every 150 feet. Street
light positioning is alternating and is measured along the centerline of the road;
15. Prior to the City of Pasco accepting construction plans for review the developer must
enter into a Storm Water Maintenance Agreement with the City. The developer will be
responsible for obtaining the signatures of all parties required on the agreement and to
have the agreement recorded with the Franklin County Auditor. The original signed and
recorded copy of the agreement must be presented to the City of Pasco at the intake
meeting for construction plans;
16. The developer will be required to conform to all conditions set forth in the Storm Water
Maintenance Agreement including, but not limited to, regular cleaning and maintenance
of all streets, gutters, catch basins and catch basin protection systems. Cleaning shall
occur on a regular basis to ensure that no excess buildup of sand, trash, grass clippings,
2
weeds or other debris occurs in any portion of the streets, gutters, or storm water
collection facilities. Cleaning and upkeep of the streets, gutters, and storm water
collection facilities must be to the satisfaction of the City Engineer. The developer will be
responsible for operating and maintaining the storm drain system in accordance with the
Storm Water Maintenance Agreement for a period of up to five years from the date of
Final Plat approval depending on the build out schedule for homes on the lots; and,
17. The developer will be required to comply with the City of Pasco Civil Plan Review
process.
Passed by the City Council of the City of Pasco this 29th day of July, 2013.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, CMC
City Clerk
3
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
REPORT TO PLANNING COMMISSION
MASTER FILE NO: PP 2013 -001 APPLICANT: Hayden Homes
HEARING DATE: 6/20/2013 2464 SW Glacier PI #110
ACTION DATE: 7/18/2013 Redmond, OR 97756
BACKGROUND
REQUEST: Preliminary Plat: Aintree Preliminary Plat, 15 -Lots (Single -
Famil
1. PROPERTY DESCRIPTION:
Legal: That portion of the SW quarter of the SW quarter of
Section 15, Township 9 North, Range 29 East, WM.
lying northerly of the FCID canal except that portion
platted as Chapel Hill Division, 2 and that portion
platted as short Plat 2010 -14
General Location: 6720 Aintree Drive
Property Size: 5.05 Acres
Number of Lots Proposed: 15 lots
Square Footage Range of Lots: 7,803 ft' to 22,058 ftz
Average Lot Square Footage: 127033 ft2
2. ACCESS: The property will have access from Aintree Drive. A 60
foot wide public road will provide access to each lot.
3. UTILITIES:
Municipal sewer
and water services
are currently
available
from
the mainlines in
Aintree
Drive.
4. LAND USE AND ZONING: The site is in the process of being zoned
R -1 (Low- Density Residential) from RT (Residential Transition).
Surrounding properties are zoned and developed as follows:
NORTH: R -1 - Single Family Residences
SOUTH: C -1 - Fire Station/ Commercial Business
EAST: R -1 - Single Family Residences
WEST County RS -20 - Single Family Residences
51 COMPREHENSIVE PLAN: The Comprehensive Plan designates this
area for Mixed Residential uses. Land Use Policy LU -3 -B
encourages "infill" development. Other goals and policies suggest
the City permit a full range of residential environments including
single family homes (H -2 -A) and standards that control the scale
i
and density
of
accessory buildings
and homes to maintain
compatibility
with
other residential uses
(H -4 -13).
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the
lead agency for this project. Based on the SEPA checklist, the
adopted City Comprehensive Plan, City development regulations,
and other information, a threshold determination resulting in a
Determination of Non - significance (DNS) has been issued for this
project under WAC 197 -11 -158.
ANALYSIS
The applicant is proposing to subdivide the 5.05 acre site in question
into 15 lots to allow the construction of 15 single - family residences.
Currently zoned RT (Residential Transition), the site is in the process of
being rezoned to the R -1 (Low- Density Residential) zone consistent with
surrounding properties in the Chapel Hill subdivision. This property was
part of the original farm circle that occupied the area between the FCID
canal and I -182 east of Road 68. Because the parcel was held under
separate ownership from the farm circle it was not rezoned and platted
when the Chapel Hill subdivision was being planned. Consistent with
the RT zoning classification the site was developed with one single - family
house and a shop /barn. In 2003 the surrounding farm circle was
rezoned to R -1, R -3 and R -4 and developed as the Chapel Hill
Subdivision. The site has remained minimally developed since that time.
Due to the irregular shape of the parcel development options are limited
to a single cul -de -sac surrounded by lots. In addition to the shape of the
parcel the steep slopes will also impact the layout of the subdivision
causing a wide variation in the size of the lots.
This subdivision is considered an infill development that is consistent
with the purposes and intent of the Comprehensive Plan and is
supportive of past development in the Chapel Hill Subdivision.
LOT LAYOUT: The proposed plat contains 15 lots; with lots varying in
size from 7,803 to 22,058 square feet; the average size being 12,033
square feet.
RIGHTS -OF -WAY: The Plat fronts Aintree Drive which is currently
developed to City standards. The one cul -de -sac proposed for the plat
will be developed to City standards. The Franklin County Irrigation
District canal borders the southern side of the parcel.
z
UTILITIES: The developer will be responsible for extending utilities into
the Plat. A common utility easement will be needed along either side of
the cul -de -sac. The easement will be used by the PUD and other utility
providers. The PUD permits common use of utility trenches which
enables the easement to be used by other utility providers.
The City Engineer will determine the specific placement of fire hydrants
and streetlights when construction plans are submitted.
STREET NAMES: Aintree Drive is already named. A name of the future
public road will be assigned during the final platting process.
IRRIGATION: Municipal Code requires installation of irrigation lines as
a part of infrastructure improvements.
WATER RIGHTS: The assignment of water rights is a requirement for
subdivision approval. Water rights have not yet been assigned to the
City.
FINDINGS OF FACT
State law
(RCW 58.17.010) and the Pasco Municipal Code
require the
Planning
Commission to develop
Findings of Fact as to how this
proposed
subdivision will protect
and enhance the health,
safety and
general welfare of the community.
The following is a listing
of proposed
"Findings
of Fact ":
Prevent Overcrowding: Density requirements of the R -1 zone are
designed to address overcrowding concerns. The proposed plat has a
density of approximately 3 units per acre. No more than 40 percent of
each lot is permitted to be covered with structures.
Parks Opens Space /Schools: A City park will be located at the corner
of Chapel Hill Boulevard and Saratoga Lane. Hayden Homes recently
submitted plans for the street and utilities necessary to serve the park.
The proposed subdivision is served by Mark Twain Elementary,
McLoughlin Middle School and Chiawana High School. The City is
required by RCW 58.17. 110 to make a finding that adequate provisions
are being made to ameliorate the impacts of the proposed subdivision on
the School District. Based on the School Districts Capital Facilities Plan
the City collects school mitigation fees for each new dwelling unit. The
fee is paid at the time of building permit issuance. In response to past
subdivision proposals the School District by letter dated August 30,
2012, has explained that the collection of impact fees addresses the
requirements of RCW 58.17.110.
3
Effective Land Use /Orderly Development: The plat is laid out to
effectively utilize the site consistent with the rezone approval set to occur
in July 2013. The rezone will apply the R -1 zone to the site which allows
approximately 6 units per acre. The Plat is designed for 15 units.
Safe Travel & Walking Conditions: The Plat is connected to the
community by Aintree Drive which leads to Road 68. Sidewalks are a
part of the development requirements for the property and must conform
to current City standards and the Americans with Disabilities Act (ADA)
requirements.
Adequate Provision of Municipal Services: All lots within the Plat will
be provided with water, sewer and other utilities. For the sewer to
operate without a lift station the proposed subdivision sewer line will
need to be connected to the existing line in Pimlico Drive.
Provision of Housing for State Residents: The proposed Preliminary
Plat contains 15 single- family building lots, providing an opportunity for
the construction of 15 dwelling units.
Adequate Air and Light: The maximum lot coverage limitations and
building setbacks will assure that adequate movement of air and light is
available to each lot.
Proper Access & Travel: Aintree Drive has been developed to City
standards. The Preliminary Plat was submitted to the Transit Authority
for review. (The discussion under "Safe Travel" above applies to this
section also).
Comprehensive Plan Policies & Maps: The Comprehensive Plan
designates the Plat site for mixed residential development. Policies of the
Comprehensive Plan suggest the City strive to maintain a variety of
housing for residents.
Other Findings:
1. The site is within the Pasco Urban Growth Boundary.
2. The State Growth Management Act requires urban growth and
urban densities to occur within the Urban Growth Boundaries.
3. The Comprehensive Plan identifies the site for mixed residential
development.
4. The site is zoned RT (Residential Transition).
5. The site is anticipated to be rezoned to R -1 in July, 2013.
6. The developer is proposing to build 15 dwelling units on the site.
11
7. The Housing Element of the Comprehensive Plan encourages the
development of a variety of residential densities and housing
types.
8. The preliminary plat approval will facilitate an infill development
which is encouraged by the Comprehensive Plan.
9. The Transportation Element of the Comprehensive Plan
encourages the interconnection of neighborhood streets to
provide for the disbursement of traffic.
10. Aintree Drive provides access to the site in the northwest corner
of the parcel.
11. The School District impact fees will be collected at the time at
building permit is issued for each home.
12. The School District recently passed a bond levy to further
mitigate the impact created by additional enrollment.
13. RCW 58.17.110 requires the City to make a finding that
adequate provisions have been made for schools before any
preliminary plat is approved.
14. The School District indicated by previous correspondence dated
February 3, 2012, that impact fees address the requirement to
ensure adequate provisions are made for schools.
15. The proposed development is adjacent to the Franklin County
Irrigation District canal.
16. The property is served by the Franklin County Irrigation District
17. The Chapel Hill development to the east of the proposed plat was
required to install a common fence along the canal right -of -way
as part of the subdivision improvements.
CONCLUSIONS BASED ON THE FINDINGS OF FACT
Before recommending approval or denial of the proposed Plat the
Planning Commission must develop Findings of Fact from which to draw
its conclusion (P.M.C. 26.24.070) therefrom as to whether or not:
(1) Adequate provisions are made for the public health, safety and
general welfare and for open spaces, drainage ways, streets,
alleys, other public ways, water supplies, sanitary wastes,
parks, playgrounds, transit stops, schools and school grounds,
sidewalks for safe walking conditions for students and other
public needs;
The proposed Plat will be required to develop under the standards of the
Municipal Code and the standard specifications of the City Engineering
Division. These standards include all infrastructure improvements
designed to ensure the public health, safety and general welfare of the
5
community are secured. These standards include provisions for access,
drainage, water and sewer service and fire safety. The Preliminary Plat
was forwarded to the Franklin County PUD, the Pasco School District
and Ben - Franklin Transit Authority for review and comment. Based on
the School Districts Capital Facilities Plan the City collects school
mitigation fees for each new dwelling unit. The fee is paid at the time of
building permit issuance. In response to past subdivision proposal the
School District, by letter dated August 30, 2012, has explained the
collection of impact fees addresses the requirements of RCW 58.17.110.
A neighborhood park will located at the corner of Chapel. All new
developments participate in establishing parks through the payment of
park fees at the time of permitting.
The development will be required to pay a traffic mitigation fee with each
permit for the development's share of future street improvements
including the installation of new traffic signals.
(2) The proposed subdivision contributes to the orderly
development and land use patterns in the area;
The proposed Plat makes efficient use of vacant land and will provide for
additional housing following the designation of the Comprehensive Plan
and the established zoning. The proposed subdivision is an infill
development that will utilize vacant land within the Pasco Urban Growth
Boundary thereby contributing to the orderly development of the
community.
(3) The proposed subdivision conforms to the policies, maps and
narrative text of the Comprehensive Plan;
The Comprehensive Plan land use map designates the site for mixed
residential development. The Housing Element of the Plan encourages
the promotion of a variety of residential. The completion of the plat will
provide building lots for single - family dwellings, one of the types of
housing identified as appropriate in the mixed residential areas of the
community.
(4) The proposed subdivision conforms to the general purposes of
any applicable policies or plans which have been adopted by the
City Council;
Development plans and policies have been adopted by the City Council in
the form of the Comprehensive Plan. The proposed subdivision conforms
to the policies, maps and narrative text of the Plan as noted in number
three above.
[i
(5) The proposed subdivision conforms to the general purposes of
the subdivision regulations.
The general purposes of the subdivision regulations have been
enumerated and discussed in the staff analysis and Findings of Fact.
The Findings of Fact indicate the subdivision is in conformance with the
general purposes of the subdivision regulations provided certain
mitigation measures are provided for (i.e. school impact mitigation, park
fees and traffic fees).
(6) The public use and interest will be served by approval of the
proposed subdivision.
The proposed Plat, if approved, will be developed in accordance with all
City standards designed to insure the health, safety and general welfare
of the community are met. The Comprehensive Plan will be implemented
through development of this plat. These factors will insure the public use
and interest are served.
PLAT APPROVAL CONDITIONS
1. The developer shall install a properly designed irrigation system
meeting the specifications of the Franklin County Irrigation
District;
2. At the time lots are developed, all abutting roads and utilities shall
be installed to City standards as approved by the City Engineer.
This includes, but is not limited to water and sewer lines, streets,
street lights and storm water retention. The handicapped
accessible pedestrian ramps must be completed with the street and
curb improvements prior to final Plat approval. All proposed
utilities must be installed underground by the developer at the
developer's expense;
3. The sewer line serving the plat must connect to City sewer in a
manner and at a location approved by the Director of Public
Works;
4. The developer/ builder shall pay the "traffic impact fee" established
by ordinance at the time of issuance of building permits for homes.
Fees collected shall be placed in a fund and used to finance
signalization and other improvements necessary to mitigate traffic
impacts on the circulation system within the I -182 corridor;
7
5. The developer/ builder shall mitigate impacts to the Public School
System by the "school impact fee" established by Ordinance at the
time of issuance of building permits for homes;
6. No utility vaults, pedestals, or other obstructions will be allowed at
street intersections;
7. All storm water is to be disposed of per City and State codes and
requirements;
8. The developer shall insure active and ongoing dust, weed and litter
abatement activities occur during the construction of the
subdivision and construction of dwellings thereon;
9. The developer shall install a common fence along the Franklin
County Irrigation District canal to match the common fence in the
Chapel Hill subdivision to the east. No access shall be permitted
through the common fence to the irrigation canal right -of -way;
10. The developer shall be responsible for the creation of record
drawings. All record drawings shall be created in accordance with
the requirements detailed in the Record Drawing Requirements
and Procedure form provided by the Engineering Division. This
form shall be signed by the developer prior to construction plan
approval;
11. All engineering designs for infrastructure and Final Plat drawings
shall utilize the published City of Pasco Vertical Control Datum
and shall be identified on each such submittal;
12. The Final Plat shall contain a 10 -foot utility easement parallel to
all streets;
13. The Final Plat shall contain the following Franklin County Public
Utility District statement: "The individual or company making
improvements on a lot or lots of this Plat is responsible for
providing and installing all trench, conduit, primary vaults,
secondary junction boxes, and backfill for the PUD's primary and
secondary distribution system in accordance with PUD
specifications; said individual or company will make full advance
payment of line extension fees and will provide all necessary utility
easements prior to PUD construction and /or connection of any
electrical service to or within the Plat ";
14. Street
lighting must be
installed to the
City
of
Pasco /Franklin
County
PUD standards
and
as directed
by
the
City
Engineer.
E11
Residential street lights are typically installed every 300 feet, and
collector/ arterial type street lights are typically installed every 150
feet. Street light positioning is alternating and is measured along
the centerline of the road;
15. Prior to the City of Pasco accepting construction plans for review
the developer must enter into a Storm Water Maintenance
Agreement with the City. The developer will be responsible for
obtaining the signatures of all parties required on the agreement
and to have the agreement recorded with the Franklin County
Auditor. The original signed and recorded copy of the agreement
must be presented to the City of Pasco at the intake meeting for
construction plans;
16. The developer will be required to conform to all conditions set
forth in the Storm Water Maintenance Agreement including, but
not limited to, regular cleaning and maintenance of all streets,
gutters, catch basins and catch basin protection systems. Cleaning
shall occur on a regular basis to ensure that no excess buildup of
sand, trash, grass clippings, weeds or other debris occurs in any
portion of the streets, gutters, or storm water collection facilities.
Cleaning and upkeep of the streets, gutters, and storm water
collection facilities must be to the satisfaction of the City Engineer.
The developer will be responsible for operating and maintaining the
storm drain system in accordance with the Storm Water
Maintenance Agreement for a period of up to five years from the
date of Final Plat approval depending on the build out schedule for
homes on the lots; and,
17. The developer will be required to comply with the City of Pasco
Civil Plan Review process.
RECOMMENDATION
MOTION: I move to adopt
Findings of
Fact
and Conclusions therefrom
as contained in
the July 18,
2013
staff report.
MOTION: I move based on the Findings of Fact and Conclusions, as
adopted, the Planning Commission recommend the City
Council approve the Preliminary Plat of the Aintree
subdivision with conditions as listed in the July 18, 2013
staff report.
2
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PLANNING COMMISSION MINUTES
6/20/13
C. Preliminary Plat Aintree Pre -Plat (Nathan Machiela of Hayden
Homesl IMF # PP 2013 -001)
Chairman Hilliard read the master file number and asked for comments from staff.
David McDonald, City Planner, discussed the preliminary plat application. The
applicant is proposing to take the 5 acre parcel which is in the process of being
rezoned to R -1 (Low Density Residential) and develop it into 15 single - family lots. Mr.
McDonald reviewed the findings in the written report and briefly discussed the
proposed conditions. This property is a difficult site to sewer and the City Engineers
are recommending the sewer line be connected to Pimlico Drive to the east. This would
require an easement between two lots and some fill may be needed.
Chairman Hilliard asked if the intent was to gravity the sewer through an easement
and if Hayden owned the area where the easement was needed?
Mr. McDonald answered yes to both questions.
Jason Maddox, 6115 Burden Boulevard, with HDJ Design Group, spoke on behalf of
the applicant, Hayden Homes. The applicant at this time is proposing 14 new single -
family residential lots and there is one existing residence on the property as well as a
barn. The barn will be taken down if this development occurs. The roadway will be
developed to City standards with sidewalks and on -street parking ending in a cul -de-
sac. Water would Come from Aintree Drive. Since the property is in the FCID and
uphill from the canal a pump station will be installed somewhere in the development
for irrigation water. He asked for the application to not be conditioned at this time
with a specific option for sewer. They wanted time to explore various options.
Tracy Libbert, 695 Lake Road, Burbank, WA, spoke in support of this preliminary plat
application and agreed with Mr. Maddox on leaving the options open to explore the
best options for sewer.
With no further comments the public hearing closed.
Mr. McDonald noted that the staff report did not include a condition for placement of
the sewer. During the next month the project engineer and the engineering staff can
work together to work out details on the sewer line.
Commissioner Hoekstra asked for clarification on when the conditions and findings of
fact would be coming back to the Planning Commission.
Mr. McDonald answered they would come back at the next Planning Commission
meeting.
Commissioner Hoekstra moved, seconded by Commissioner Khan, to close the hearing
on the proposed subdivision and initiate deliberations and schedule adoption of
findings of fact, conclusions and a recommendation to the City Council for the July
18, 2013 meeting. The motion passed unanimously.
Planning Commission Minutes
7/13/2013
C. Preliminary Plat Aintree Pre -Plat (Nathan Machiela of Hayden
Homes) (MF # PP 2013 -0011
Chairman Cruz read the master file number and asked for comments from
staff.
David McDonald, City Planner, explained that a revised set of conditions was
place on the bench prior to the meeting. The revised conditions address
question by the developer who asked for some flexibility in the language for
how and where the sewer line would connect to the proposed subdivision. The
other change related to the requirement for irrigation water. The property is
served by the Irrigation District and will not be served by the City.
Commissioner Hoekstra moved, seconded by Commissioner Greenaway, to
adopt the findings of fact and conditions as contained in the July 18, 2013
staff report. The motion passed unanimously.
Commissioner Hoekstra moved, seconded by Commissioner Greenaway, based
on the findings of fact and conclusions, as adopted, the Planning Commission
recommend the City Council approve the Preliminary Plat of the Aintree
subdivision with conditions as listed in the July 18, 2013 staff report. The
motion passed unanimously.
Mr.
McDonald stated that
this will
go to City Council at their Special Meeting
on
July 29, 2013 unless an
appeal
is received.
TO: City
FROM: Gary
SUBJECT: Capi
AGENDA REPORT
July 18, 2013
Workshop Mtg.: 7/22/13
Regular Mtg.: 7/29/13
I. REFERENCE(S):
1. Proposed Capital Improvement Plan 2014 -2019 (Council packets only; copy
available for review in the City Manager's office, Pasco Library and on the city's
website at www.nasco- wa.gov /citycouncilreports).
2. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/22: Discussion
7/29: MOTION: I move to approve Resolution No. , adopting the Capital
Improvement Plan for fiscal years 2014 -2019.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS:
A) The annual Capital Improvement Plan (CIP) for 2014 -2019 was presented to Council
for discussion at the July 8 workshop meeting.
V. DISCUSSION:
A) The entire content has been re- printed, in order to accommodate elimination of the
use of "other" expenses description and several utility projects were reclassified.
The cost of projects has not changed, so the dollar figures are the same though the
summaries have been revised to reflect the re- categorization of projects.
B) Staff recommends that council identify any substantive changes it desires and
schedule formal Council approval of the Capital Improvement Plan at the July 29
business meeting, so the CIP is in place to guide staff in preparation of the annual
budget this fall.
8(c)
RESOLUTION NO,
A RESOLUTION Approving the Capital Improvement Plan for Calendar
Years 2014 -2019.
WHEREAS, staff has prepared the Capital Improvement Plan which defines the capital
projects proposed to be undertaken by the City over the ensuing six years; and
WHEREAS, on July 8 and July 22, 2013 the Capital Improvement Plan was presented to
the City Council for review and prioritization; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. That the Pasco City Council hereby approves the Capital Improvement Plan
for calendar years 2014 -2019 as the City's list of capital projects proposed to be undertaken by
the City over the coming six years, with the understanding that implementation of any project
listed in the Capital Improvement Plan is subject to budget appropriation.
PASSED by the City Council of the City of Pasco at its regular meeting this 29th day of
July 2013.
Matt Watkins
Mayor
ATTEST:
Debra Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
AGENDA REPORT NO. 30
FOR: City Council rl July 18, 2013
TO: Gary Crutchfielanager
Ahmad Qayoum , ub is Works Director
FROM: Michael A. Pawlak, City Engineer Workshop: 7/22/13
Regular Mtg.: 7/29/13
SUBJECT: RESOLUTION: Left -Turn Access on Road 68
I. REFERENCE(S):
1. Resolution
2. Vicinity Map
3. Access Layout Plan
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
07/22: Discussion.
07/29: MOTION: I move to approve Resolution No. amending
Resolution No. 3412, granting temporary left -turn access from
Road 68 to Sandifur Plaza Retail Center with conditions and
limitations.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) A study was completed by Kittelson & Associates, Inc. in 2011 /2012 through a
public process including an advisory group and developed a 20 -year plan for
corridor improvements which will serve as a guideline for development to reduce
current congestion and to accommodate future traffic growth, identification of
right of way needs, and for application for funding projects along the corridor.
The study also identifies improvements that can be incorporated in the City's
Capital Improvements Plan to enhance capacity, reduce congestion and safety.
The study also included public participation through open houses. A total of four
open house meetings were held to discuss proposed alternatives and findings. A
steering committee consisting of business owners and other stakeholders were
selected to participate in the meetings
B) On July 16, 2012, City Council adopted Resolution No. 3412 endorsing the Road
68 Corridor Study recommendations and authorizing staff to utilize the Road 68
Corridor Study recommendations to guide the development of Capital
Improvement Plan proposals affecting the Road 68 Corridor.
V. DISCUSSION:
A) City staff has been engaged in the design of certain roadway improvements along
the Road 68 and Burden Boulevard corridors to minimize and eliminate traffic
congestions and safety concerns. As a part of that effort, numerous contacts have
been made with property and business owners, as well as the general population
through direct contact and public open houses.
B) During and subsequent to one of the public open house meetings, the property
owners and business owners located in the Sandifur Plaza Retail Center
approached staff and requested that northbound left -turns from Road 68 be
8(d)
permitted into the joint use driveway that accesses Walgreens and the Sandifur
Plaza Retail Center, near Sandifur Parkway.
C) Staff has reviewed the request and evaluated it with respect to the Corridor Study
recommendations and has determined that allowing temporary northbound left-
turn access at this location is reasonable subject to the conditions outlined in the
Resolution that provide for immediate closure by the City as safety, traffic
operations or other conditions may require.
D) Staff recommends that the City Council approve the Resolution granting
temporary left -turn access with the conditions and limitations provided in the
Resolution.
RESOLUTION NO,
A RESOLUTION AMENDING RESOLUTION NO. 3412 AND GRANTING
TEMPORARY LEFT -TURN ACCESS FROM ROAD 68 TO SANDIFUR PLAZA RETAIL
CENTER
WHEREAS, the City of Pasco conducted the Road 68 Corridor Study with
recommendations for traffic congestion mitigation, safety improvements and access management
within the limits of the Study, which was endorsed by City Council on July 16, 2012 by
Resolution No. 3412; and
WHEREAS,
the property owner of Sandifur
Plaza Retail
Center requested that left -turn
access be provided in
order to assist new businesses in establishing
clientele; and
WHEREAS, the City of Pasco has determined that allowing temporary left -tum access
from Road 68 to Sandifur Plaza Retail Center is reasonable subject to conditions providing for
immediate closure as safety, traffic operations, or other conditions change; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. That the City Council concurs with the City Engineer's recommendation and
hereby amends Resolution No. 3412 to grant temporary left -turn access from Road 68 to the
Sandifar Plaza Retail Center with the following conditions and limitations:
A) The City may revoke this permission and restrict left -turn movements into the
site driveway, at any time, upon notice when, within the City's sole discretion
a hazard exists upon finding:
• Accident or risk events occur or other operational factors lead the City to
conclude that the left -tam movement poses a safety hazard or operational
burden; or
• The completion of an alternative access route between the subject
property's shared access with Les Schwab and Road 76 to the west
(Savary Drive Extension).
B) The City will consider the following threshold triggers in monitoring
intersection safety and operations and shall close the interim left -turn access if
one or more of the following conditions occur:
• Northbound left -turn queues on Road 68 at Sandifur Parkway exceed 160
feet for more than three (3) signal cycles per hour.
• Northbound left -turn queues turning into the subject driveway queuing
into Road 68 northbound through- traffic.
• One or more documented crashes involving northbound Road 68 through -
movement vehicles and northbound left -turn movements at either the site
driveway or the Sandifur Parkway intersection.
• One or more documented accidents involving northbound left -turn traffic at
the site driveway and southbound through traffic on Road 68.
Section 2. That the City Manager or his designee shall implement the conditional
authority set forth herinabove.
PASSED by the City Council of the City of Pasco this 29ffi day of July, 2013.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
ROAD 68 CORRIDOR
VICINITY MAP
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FOR: City Council
TO: Gary
AGENDA REPORT
Manager
_V
FROM: Stan Strebel, Deputy City ManaggE
SUBJECT: November Ballot Initiatives
I. REFERENCE(S):
1. Certificates from County Auditor
2. Proposed Resolution — Reduction of City Limits
3. Proposed Resolution — Change Plan of Government
July 25, 2013
Workshop Mtg.: 7/22/13
Regular Mtg.: 7/29/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/29: MOTION #1: I move to approve Resolution No. , requesting the
Franklin County Auditor to review the adequacy of legal
descriptions and maps as filed on June 21, 2013 and, if
satisfied as to the sufficiency and accuracy of such descriptions
and maps, to place a question for "Reduction of City Limits"
on the November 5, 2013 ballot, as sought by citizen petition;
and providing ballot title.
MOTION #2: I move to approve Resolution No. , requesting the
Franklin County Auditor to place a question for a change in the
Plan of Government for the City of Pasco on the November 5,
2013 election, as sought by citizen petition; and providing
ballot title.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Washington law provides that certain petitions, containing at least 10% of the
voters casting ballots in the last municipal election, qualify for placement on the
ballot.
B) On June 28, the Franklin County Auditor provided certification for two measures
for the November election. The first measure provides for reduction of the City
limits; reversing annexation of Area 2, which was effective January 2013 and the
Road 76 and Court Street annexation, effective May 2009. The second measure
provides for changing the form of City government from Council- Manager to
Mayor - Council.
C) As the two initiatives are certified by the County Auditor as qualified for the
ballot, the City Council must provide a Resolution for each, which requests
placement on the ballot to the Auditor.
V. DISCUSSION:
A) Pursuant to Council discussion and the recommendation of the City Attorney, the
Resolution regarding Proposition No. 1 (Reduction of City Limits) has been
modified to request the County Auditor to review petition descriptions and maps
for sufficiency in light of identified errors. Input from the City Attorney has also
provided for clarifying revisions to the ballot titles.
8(e)
:I � }tN COUNTY A�J02TPGR
FRANKLIN i Matt Beaton, Auditor
�t
153
CERTIFICATE OF PETITION SUFFICIENCY
I, Matt Beaton, Franklin County Auditor, hereby find that die petition entitled Petition by
Registered Voters of City of Pasco [or Reduction of City I units and originally transmitted
to the 011ice of Ilre Franklin County Auditor by Jan Tonilinson of Pasco, Washington on
June 21, 2013, is signed by qualified electors resident in the territory described by the
petition; and therefore, this day ccrtily sufficiency of this petition.
WYl'NESS MY HAND AND OFFICIAL. SEAL this 28st (lay ol'Junc, 2013.
- - - -- - -- - - - --
MA717 BEATON, ranklin County Auditor
And Ex- Officio Supervisor of Elections in wid for
Franklin Comity, Washington
S �!t
1016 North 41' Avenue * P.O. Box 1451 * Pasco, WA 99301 x (509) 595- 3536 '= Cas (509) 543 -2995
WWNV.a>.franhliu.`, 1.us
FRANKLIN COUNTY AUDITOR
Q. -' . r�.
„ — Matt Beaton, ,'luditor
L" J�R i I, F
i
1 l; it .�
CERTIFICATE OF PETITION SUFFICIENCY
I, Matt Beaton, Franklin County Auditor, hereby find that the petition entitled Petition by
Registered Voters of City of Pasco for Change in Plan of Government and originally
transmitted to die Office of the Franklin County Auditor by Jan Tomlinson of Pasco,
Washington on June 21, 2013, is sided by qualified electors resident in the territory
described by die petition; and therefore, this day certify sufficiency of this petition.
WITNESS MY HAND AND OFFICIAL SEAL this 28st clay ofJunc, 2013.
s
- -- y - - - -- - - -- ------- - - - - --
MA' 'I' 13F.ATON, Franklin County Auditor
And Ex- Officio Supervisor of Elections in an(] for
Franklin County, Washington
f
1016 North fro Avemic * P.O.
Box 1451 � Pasco,
WA 99_01 *
(509)
545 -3536 * fax
(509) 541 -21)95
ww�N
.co.Irutkiin.wams
RESOLUTION NO,
A RESOLUTION of the City of Pasco, Washington, requesting the
Franklin County Auditor to review the adequacy of legal descriptions and maps
as filed on June 21, 2013 and, if satisfied as to the sufficiency and accuracy of
such descriptions and maps, to place a question for "Reduction of City Limits"
on the November 5, 2013, ballot, as sought by citizen petition; and providing
ballot title.
WHEREAS, On June 21, 2013, a petition was filed with the Franklin County Auditor
requesting removal from the City of Pasco of certain territory recently annexed to the City of
Pasco, and more particularly described within the petition which is attached hereto as Exhibit
No. 1; and
WHEREAS, on June 28, 2013, the Franklin County Auditor determined the sufficiency
of the signatures of registered voters sufficient per RCW 35A16.010 of not less than ten percent
(10 %) of the number of votes cast at the last general municipal election; and
WHEREAS, subsequent to receipt of the petition from the Auditor, City staff has
reviewed the descriptions and maps attached to the petition and found several inaccuracies and
errors in the same; and
WHEREAS, the Franklin County Auditor is the chief election official and charged with
the responsibility to determine the sufficiency of the petition; and
WHEREAS, pursuant to RCW 35A.16.01% if sufficient, the City Council of the City of
Pasco shall cause such question to be presented to the voters of the City of Pasco; and
WHEREAS, in compliance with State law, the City Council of the City of Pasco, does
by this Resolution submit to the Franklin County Auditor for determination of sufficiency of the
descriptions and maps attached to the petition and to determine if the question of Reduction of
City Limits shall be rightfully placed before the people. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. The Franklin County Auditor is hereby requested to conduct an
examination of the descriptions and maps attached to the petition filed on June 21, 2013, for his
determination of whether to provide for an election within the City of Pasco, Washington, on
Tuesday, November 5, 2013, for the purpose of submitting to the qualified voters of the City of
Pasco, Washington, for their approval or rejection, a proposition for the removal of certain
territory from the City limits of the City of Pasco, as described with the petition.
Section
2.
If the Auditor determines the sufficiency of the
petition, the proposition to
be submitted to
the
voters of the City of Pasco, Washington, shall read
substantially
as follows:
Resolution on Proposition 1 - 1
PROPOSITION NO. 1 CITY OF PASCO REDUCTION OF CITY LIMITS
A CITIZENS' PETITION WAS FILED WITH THE FRANKLIN COUNTY
AUDITOR FOR PLACEMENT ON THE BALLOT, CONCERNING THE
REDUCTION OF THE SIZE OF THE CITY OF PASCO.
THE PETITION DESCRIBES TWO AREAS WHICH ARE SOUGHT FOR REMOVAL
FROM THE CITY LIMITS. FIRST IS AN AREA OF ABOUT 41 ACRES AND 41 IN
POPULATION, IN THE VICINITY OF ROAD 76 AND COURT STREET, ANNEXED
TO PASCO IN 2009. SECOND IS AN AREA OF ABOUT 608 ACRES AND 1450
POPULATION, GENERALLY LYING BETWEEN ROAD 52 AND ROAD 689
SOUTH OF THE FCID CANAL AND NORTH OF SYLVESTER STREET,
ANNEXED TO PASCO IN 2012.
SHALL THIS PROPOSITION BE:
APPROVED
REJECTED
Section 31 The City Council of the City of Pasco hereby directs the City Attorney to
file with the Franklin County Auditor, attached to a copy of this Resolution and within 24 hours
of its passage, a complete description and explanation of the inaccuracies in the descriptions and
maps attached to the petition referenced earlier herein above.
Section 4.
The City Council of the
City of Pasco hereby directs
the City Clerk to
provide a certified
copy of this Resolution to
the Franklin County Auditor
for the Auditor to
make his determination
and, in the event of a
determination of sufficiency,
to provide for the
calling of a special
local election pursuant to RCW 29A.04.321 to be held on November 5, 2013.
Section 5. In the event the Franklin County Auditor , consistent with this Resolution
and the statutory requirements, determines the petition to be sufficient, he is hereby requested to
cause the proposition identified above to be on the November 5, 2013, ballot; conduct the
election; canvas the votes; and certify the results.
PASSED by the City Council of the City of Pasco, Washington, as its regular meeting
dated this day of July, 2013.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
Resolution on Proposition 1 - 2
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
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RESOLUTION NO,
A RESOLUTION of the City of Pasco, Washington, providing for the
submission of a proposition to the qualified voters of the City of Pasco,
Washington, to change from the current Council - Manager plan of government to
a Mayor - Council plan of government and providing ballot title.
WHEREAS, a petition expressing support for the holding of an election so the voters of
the City of Pasco, Washington, can decide whether to change from the current Council - Manager
plan of government to the Mayor - Council plan of government was filed with the Franklin
County Auditor on June 21, 2013; and
WHEREAS, RCW 35A.06.030 -040 provides that upon the receipt of a petition signed
by registered voters the number equal to not less than ten percent (10 %) of the votes cast at the
last general municipal election proposing abandonment by the City of the plan of government
under which it has been operating, and the adoption of another plan, and the sufficiency of such
petition having been determined by the Franklin County Auditor, the proposal shall be voted
upon by the citizens of the City of Pasco; and
WHEREAS, in compliance with these statutes, the City Council of the City of Pasco,
Washington, does by this Resolution petition for the Franklin County Auditor to place this
proposition before the voters of the City of Pasco on the November 5, 2013, ballot. NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. A special election is hereby requested of the Franklin County Auditor to
be conducted within the City of Pasco, Washington, on Tuesday, November 5, 2013, for the
purpose of submitting to the qualified voters of the City of Pasco, Washington, for their approval
or rejection, a proposition to change the form of government from the existing Council- Manager
plan of government to a Mayor - Council plan of government.
Section 2. The proposition to be submitted to the voters of the City of Pasco,
Washington, shall read substantially as follows:
PROPOSITION NO. 2
CITY OF PASCO CHANGE OF FORM OF GOVERNMENT
A CITIZENS' PETITION WAS FILED WITH THE FRANKLIN COUNTY
AUDITOR FOR PLACEMENT ON THE BALLOT, CONCERNING A
CHANGE IN THE FORM OF GOVERNMENT FOR THE CITY.
THE PETITION PROPOSES THAT PASCO ABANDON ITS EXISTING
COUNCIL- MANAGER PLAN OF GOVERNMENT, WHEREBY THE CITY IS
Resolution — Proposition 2- 1
GOVERNED BY THE ELECTED CITY COUNCIL, WITH DAILY
OPERATIONS SUPERVISED BY A PROFESSIONAL CITY MANAGER
WHO IS APPOINTED AND REMOVED BY THE CITY COUNCIL, AND
ADOPT A MAYOR - COUNCIL PLAN OF GOVERNMENT, WHEREBY
DAILY OPERATIONS ARE SUPERVISED BY A CITIZEN, ELECTED AS
MAYOR BY THE VOTERS FOR FOUR -YEAR TERMS AND POSSESSING
VETO POWER OVER COUNCIL ACTIONS.
SHALL THIS PROPOSITION BE:
ACCEPTED
REJECTED
Section 3. The City Council of the City of Pasco, Washington, hereby directs the
City Clerk to provide a certified copy of this Resolution to the Franklin County Auditor for the
calling of a special local election pursuant to RCW 29A.04.321 to be held on November 5, 2013.
Section 4. The Franklin County Auditor is hereby requested, consistent with the
statutory requirements, to cause the proposition identified above to be on the November 5, 2013,
ballot; conduct the election; canvas the votes; and certify the results.
PASSED by the City Council of the City of Pasco, Washington, as its regular meeting
dated this day of July, 2013.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Resolution — Proposition 2- 2
AGENDA REPORT
FOR: City Council July 19, 2013
TO: Gary Crutchfiel , Manager Workshop Mtg.: 7/22/13
Regular Mtg.: 7/29/13
FROM: Stan Strebel, De uty City Manager ed:�(Qc�-
SUBJECT: Pro /Con Committee Appointments for November Ballot Measures
I. REFERENCE(S):
1. Committee Applications (Council packets only)
2. Proposed Resolution
3. Franklin County Pro and Con Committee Appointment Form
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/22: Discussion
7/29: MOTION: I move to approve Resolution No. , providing for
appointments to the pro and con committees for ballot measures on
the November election.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) Washington law provides that certain petitions, containing at least 10% of the
voters casting ballots in the last prior municipal election, qualify for placement on
the ballot.
B) Pursuant to petitions filed with and certified by the Franklin County Auditor, the
Council will need to adopt resolutions placing two ballot measures on the
November 5 General Election Ballot.
C) Following auditor certification, staff provided for publication of an invitation for
citizens, interested in serving on a committee either in favor or opposed to either
of the ballot measures, to submit written application.
■ Applications received for Change in Form of Government:
Pro: Carol Bettencourt; Roger Bettencourt, Judy Dunbar (non- resident);
Roger Lenk (non- resident); Mark Macfarlan and E. Frank Votaw
Con: Michael Miller; Jan Tidrick and Matt Watkins
• Applications received for Reduction of City Limits:
Pro: Carol Bettencourt; Roger Bettencourt; Judy Dunbar (non- resident);
Roger Lenk (non- resident); Mark Macfarlan; Jan Tomlinson and E.
Frank Votaw
Con: Len Harms; Jeff Hendler; Michael Miller; Curt Rabideau and Jan
Tidrick
D) The Council may appoint up to three persons to serve on each committee for each
measure.
V. DISCUSSION:
A) Following a decision on committee members, completion and adoption of the
attached Resolution would be in order. 8(f)
RESOLUTION NO,
A Resolution of the City Council of the City of Pasco, Washington, providing
for appointment of Pro and Con Committees for Propositions for the November 5,
2013 Election.
WHEREAS, the City Council has approved Resolution No. and Resolution No.
requesting the Franklin County Auditor to place propositions, as sought by citizens' petitions,
on the November 5 election ballot; and
WHEREAS, RCW 29A.32.280 requires the legislative authority for any jurisdiction placing
an issue on the ballot, to provide for the appointment of committees, both known to oppose and
support such issue, for the express purpose of authorizing position statements for the published
voters' election guide; and
WHEREAS, the City Council desires to provide for the committee appointments pursuant to
law; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
Section 1. That the City Council does hereby appoint the following persons to the pro and
con committees regarding Resolution No. Proposition 1 - Reduction of City Limits:
Pro Committee Con Committee
Section 2. That the City Council does hereby appoint the following persons to the pro and
con committees regarding Resolution No. Proposition 2 - Change in Plan of Government:
Pro Committee Con Committee
Section 3. A copy of this resolution, including completed pro and con committee
appointment forms, shall be provided to the Franklin County Auditor by the City Clerk, upon
passage.
PASSED by the City Council of the City of Pasco, Washington, at its regular meeting this
29th day of July, 2013.
Matt Watkins, Mayor
Attest Approved as to Form:
Debra Clark, City Clerk
Leland B. Ken, Attorney
This form is be completed by the jurisdiction administrator. The completed form must be submitted to Franklin County Elections by
the appropriate deadline. Note: an email or fax number is required for the committee spokesperson.
If you have any questions please contact Elections at 509 -545 -3538 or email us at elections @co.franklin.wa.us.
ballot
measure
information
name of jurisdiction /district
name of ballot measure (proposition number or description)
committee
member
information
Committee advocating approval (pro)
Committee advocating rejection (con)
committee spokesperson
committee spokesperson
address
address
city, state and zip
city, state and zip
email address or fax number
email address or fax number
committee spokesperson
committee spokesperson
address
address
city, state and zip
city, state and zip
email address or fax number
email address or fax number
committee spokesperson
committee spokesperson
address
address
city, state and zip
city, state and zip
email address or fax number
email address or fax number
submitter
information
name of person submitting this form title
AGENDA REPORT NO, 30
FOR: City Council
TO: Gary Crutchf*Puublic ager
FROM: Ahma d Qayo orks Director
SUBJECT: Accept West Pasco Water Treatment Plant project
I. REFERENCE(S):
1. Vicinity Map
2. Resolution
July 24, 2013
Regular Mtg.: 07/29/2013
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/29: MOTION: I move to approve Resolution No. accepting the work
performed by Apollo, Inc. under contract for the West Pasco
Water Treatment Plant project.
III. FISCAL IMPACT:
Water Utility
IV. HISTORY AND FACTS BRIEF:
A. On May 4, 2009, Council awarded the West Pasco Water Treatment Plant project
to Apollo, Inc for $9,421,843.33 including sales tax.
V. DISCUSSION:
A. The project involved construction of a new water treatment plant that would
process 6 MGD of drinking water to meet the growth demands, with the potential
of expansion to 18 MGD.
B. Prior to June of 2010 there were five change orders in the amount of $219,669.90
including tax, an increase of 2.3% from the original contract amount.
C. The final project construction contract totaled $9,674,069.31 including sale tax.
D. At the startup of the project, between June and September of 2010, there were
three failures that were identified. Fixes were found through collaboration of City
staff, the contractor and the consultant. The plant became operational in April of
2011. To date the plant has produced approximately 2.1 billion gallons of high
quality water.
E. After the plant became operational, City staff and the consultant worked closely to
determine the cause of the failure and to define the responsible parties.
F. In June of 2013, a settlement was agreed on between the City, the contractor and
the consultant. The settlement agreement results in no net cost to the City.
G. The work is now complete and staff recommends City Council acceptance of this
work.
8(9)
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RESOLUTION NO.
A RESOLUTION ACCEPTING WORK PERFORMED BY APOLLO, INC. UNDER
CONTRACT FOR THE WEST PASCO WATER TREATMENT PLANT, PROJECT #C1 -09-
03-WTR.
WHEREAS, the work performed by Apollo, Inc., under contract for the West Pasco
Water Treatment Plant project has been examined by Engineering and has been found to be in
apparent compliance with the applicable project specifications and drawings, and
WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the
contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering recommendation and thereby accepts the work performed
by Apollo, Inc., under contract for West Pasco Water Treatment Plant project, as being
completed in apparent conformance with the project specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this 29th day of July, 2013.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
AGENDA REPORT NO, 31
FOR: City Council July 24, 2013
3
TO: Gary Crutchfie Manager
FROM: Ahmad Qayoutrii, Public Works Director Regular Mtg.: 07/29/2013
SUBJECT: Accept West Pasco Water Treatment Plant (Filters) project
I. REFERENCE(S):
1. Vicinity Map
2. Resolution
I1. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/29: MOTION: I move to approve Resolution No. accepting the work
performed by PALL Corporation, under contract for the West
Pasco Water Treatment Plant (Filters) project.
III. FISCAL IMPACT:
Water Utility
IV. HISTORY AND FACTS BRIEF:
A. On January 20, 2009, Council awarded the West Pasco Water Treatment Plant
(Filters) project to PALL Corporation for $1,929,622 with sales tax, including
two change orders that reduced the total contract amount by $255,970.
V. DISCUSSION:
A. The project involved supply of micro filter and apparatus for the West Pasco
Water Treatment Plant.
B. The final project construction contract totaled $1,929,622.73 including tax.
C. The work is now complete and staff recommends City Council acceptance of this
work.
8(h)
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RESOLUTION NO,
A RESOLUTION ACCEPTING WORK PERFORMED BY PALL CORPORATION
UNDER CONTRACT FOR THE WEST PASCO WATER TREATMENT PLANT, PROJECT
#C1- 09- 03 -WTR.
WHEREAS, the work performed by PALL Corporation, under contract for the West
Pasco Water Treatment Plant project has been examined by Engineering and has been found to
be in apparent compliance with the applicable project specifications and drawings, and
WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the
contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering recommendation and thereby accepts the work performed
by PALL Corporation, under contract for West Pasco Water Treatment Plant project, as being
completed in apparent conformance with the project specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this 29th day of July, 2013.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
AGENDA REPORT
FOR: City Council d July 24, 2013
f
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TO: Gary Crutchfi 1'ylanager Special Mtg.: 7/29/13
Rick White, 1 (//
Community & kconomic Development Director
FROM: David I. McDonald, City Planner
SUBJECT: SPECIAL PERMIT APPEAL LMF# SP2013 -0101 Location of an Auto Sales Lot
in the 6300 Block of Burden Boulevard
I. REFERENCE(S):
1. Vicinity Map
2. Binder containing Hearing Record*
* Previously provided; copies available for public review in the Planning office,
the Pasco Library and on the city's webpage at httn://www.nasco-
wa. og v/citvcouncilrenorts.
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/29: MOTION: I move the Council accept the Planning Commission
recommendation and deny approval of the special permit for the
location of an auto sales lot in the 6300 block of Burden
Boulevard.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On May 16, 2007 the Planning Commission conducted a public hearing to
consider a Special Permit for the location of an auto sales lot in a portion of the
Sunny Meadows Business Center at 6300 block of Burden Boulevard. The
Planning Commission recommended denial of a Special Permit for the auto sales
lot.
B. Following the Planning Commission decision, the applicant filed a written appeal
of the Planning Commission's recommendation. The attached appeal letter
explains the reasoning behind the appeal.
C. Following the appeal the City Council set a Closed Record Hearing for July 15,
2013.
D. Following the Closed Record Hearing the Council tabled the matter until the July
29, 2013 Special Meeting.
DISCUSSION:
A. Consideration of an appeal occurs in the form of a "Closed Record Hearing"
consisting of a review of the written record of the Special Permit application
including the Planning Commission's deliberation.
B. When considering this appeal, the City Council has the option of accepting the
Planning Commission's recommendation denying the application, approving the
application with conditions or remanding the matter back to the Planning
Commission for further review on a specific issue.
9(a)
C. In acting on the special permit application as per the criteria of PMC 25. 86.060
Council should determine whether or not:
(1) The proposal is in accordance with the goals, policies, objectives, maps
and/or narrative text of the Comprehensive Plan;
(2) The proposal will adversely affect public infrastructure;
(3) The proposal will be constructed, maintained and operated to be in
harmony with the existing or intended character of the general vicinity;
(4) The location and height of proposed structures and the site design will
discourage the development of permitted uses on property in the general
vicinity or impair the value thereof;
(5) The operations in connection with the proposal will 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; and
(6) The proposal will endanger the public health, or safety if located and
developed where proposed, or in any way will become a nuisance to uses
permitted in the district.
D. Any option the Council chooses to select for the Special Permit application will
need to be supported by Findings of Fact. The Findings identified in the staff
report to the Planning Commission can be used as Findings to support denial of
the Special Permit as recommended by the Planning Commission. For any other
action the Council will need to develop a separate list of findings.
E. Staff recommends the Council accept the Planning Commission recommendation
to deny the Special Permit.
MEMORANDUM
DATE: July 24, 2013.
FOR: City Council
TO: Gary Crutchfield, City Manager J
FROM: Rick White, Community & Economic Development Director �/�-I
SUBJECT: Special Permits for Auto Sales
The recent special permit application requesting an auto sales lot on Burden Boulevard
highlighted an unintended consequence of the 1981 zoning code amendment dealing with auto
sales lots. The sole purpose for establishing the special permit process for auto sales lots in C -1
zones was to encourage the re -use of old service stations in the central core of the community.
For a variety of reasons, in the early 1980's most of the original service stations closed, leaving
vacant buildings at key intersections in the main part of town. To help facilitate the reuse of
these vacant properties the city amended the zoning regulations to establish the current special
permit process for auto sales lots in C -1 zones. The code was written narrowly enough that the
special permit provisions applied primarily to the old service station properties. The 1981 code
amendment caused many of the old service stations to be reused as car sales lots for a period of
time before they transitioned to other uses. Additionally, having been passed over by developers
the car sales lot amendment has been responsible for the infill development of a few vacant C -1
parcels that had remained vacant for many years.
One of the speakers at the public hearing before the Planning Commission on the application
correctly noted the special permit provisions for auto sales in C -1 zones were set up to provide a
second life for old gas stations and was never intended to allow car sales on vacant lots within
newly developing areas of the community. In fact, when the code provisions were created in
1981 the city limits did not extend past Road 36. Commercial development around the Road 68
and Road 100 interchanges was not fully envisioned at the time. Now there are several hundred
acres of C -1 zoning around both interchanges and there are no vacant service stations needing
assistance with redeveloping.
Given the changes in the commercial development patterns of the community and the diminished
need to assist with the redevelopment of old gas station site it is an appropriate time to reconsider
the universal application of the special permit provisions for car lots in C -1 zones.
I would propose the following motion to accomplish this
I move to remand to the Planning Commission the issue of vehicle sale lots in C -1 Zoning
Districts for the purpose of recommending to City Council provisions for consideration of
such sales lots through the special permit process.
AGENDA REPORT
FOR: City Council July 19, 2013
TO: Gary Crutchfiefconomic anager Special Mtg.: 7/29/13
Rick White,
Community & Development Director Vj
FROM: Shane O'Neill, Planner I
SUBJECT: SPECIAL PERMIT (MF# SP 2013 -012): Location of an Auto Body Shop in a C-
3 (General Business) Zone
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Resolution
3. Report to Planning Commission
4. Planning Commission Minutes: Dated 6/20/13 and 7/18/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/29: MOTION: I move to approve Resolution No. , approving the
special permit for the location of an auto body shop at 3305
West Octave Street as recommended by the Planning
Commission.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On June 20, 2013, the Planning Commission conducted a public hearing to
determine whether or not to recommend a special permit be granted for the
location of an auto body shop at 3305 W. Octave Street.
B. Following the 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 auto body shop.
C. The recommended conditions are contained in the attached Resolution.
D. No written appeal of the Planning Commission's recommendation has been
received.
10(a)
RESOLUTION NO,
A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S
RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE
LOCATION OF AN AUTO BODY SHOP AT 3305 WEST OCTAVE STREET.
WHEREAS, Russ Dean submitted an application for the location of an auto body
shop at 3305 W. Octave Street (the south 200.04 feet of Lot 1, Short Plat 77 -27); and,
WHEREAS, the Planning Commission held a public hearing on June 20, 2013 to
review the proposed auto body shop; and,
WHEREAS, following deliberations on July 18, 2013 the Planning Commission
recommended approval of a Special Permit for the proposed auto body shop 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 Russ Dean for the location of an auto
body shop in a C -3 (General Business) District under Master File # SP2013 -012 with
the following conditions:
a) The special permit shall apply to the south 200.04 feet of Lot 1, Short
Plat 77 -27;
b) The site shall be developed in substantial conformance with the site plan
submitted with the Special Permit application;
C) Landscaping strips meeting the requirements of PMC 25.75 must be
installed on both the Octave Street and Road 34 frontages;
d) Sidewalk must be installed along the entire Octave Street frontage per
City standards;
e) The applicant shall be responsible for obtaining all required Department
of Ecology air quality permits for the paint booth;
f) No painting, metal bending, fabrication, priming or grinding shall occur
outside of an approved building;
g) All impervious surface improvements shall be designed to drain, confine
and/or impound storm water or site - generated water within the private
property upon which the improvement is to be located;
h) The pedestrian ramp at the comer of Octave Street and Road 34 must be
replaced to meet current ADA requirements;
i) The special permit shall be null
required paint booth improvements
2014; and
and void if a building permit for
has not been obtained by March 3,
j) Prior to issuing a Certificate of Occupancy for the proposed facility the
applicant shall provide 24 -hour contact information.
Passed by the City Council of the City of Pasco this 29th day of July, 2013.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
2
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP2013 -012
HEARING DATE: 6/20/2013
ACTION DATE: 7/18/2013
BACKGROUND
APPLICANT: Russell Dean
3200 W. Octave St.
Pasco, WA 99301
REQUEST: SPECIAL PERMIT: Location of an automotive body shop in a C -3
(General Business) Zone
11 PROPERTY DESCRIPTION:
Lem The south 200.04 feet of Lot 1, Short Plat 77 -27
General Location: 3305 West Octave Street
Property Size: The parcel is approximately 2.6 acres with about 52,000
square feet (1.2 acres) available for the proposed auto body shop. This
application is running concurrently with a Short Plat application to divide
the existing lot into two parcels.
2, ACCESS: The site is accessible from both Road 34 and W. Octave Street.
3, UTILITIES: All municipal utilities are currently available to serve the site.
4. LAND USE AND ZONING: The site is currently zoned C -3 (General
Business). The north portion of the site contains an automotive
parts/ accessories wholesale warehouse and distribution center while the
south portion is vacant. Surrounding properties are zoned and developed as
follows:
NORTH: C -3 - Commercial wholesale distribution
SOUTH: C -3 - Commercial wholesale distribution
EAST: C -3 - Commercial RV sales
WEST: C- 3 /RS -1 - Post office /church
s. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for
Commercial uses. LU -4 -B promotes planning for major commercial centers
which promote functional and economical operations to produce sustainable
clusters of shopping and services. The Auto -Plex area of the community is
dominated by automotive sales and service facilities; the proposed auto body
shop is functionally similar to the surrounding businesses. Goal LU -1 -C
encourages cluster commercial development. The proposed use is
geographically consolidated with many other automotive sales and service
businesses. LU -4 -C encourages the application of standards and guidelines
that will result in attractive and efficient commercial centers.
I
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency
for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other information, a
threshold determination resulting in a Determination of Non - Significance
(DNS) has been issued for this project under WAC 197 -11 -158.
ANALYSIS
The applicant is requesting special permit approval to locate an automotive body
shop with a large scale spray booth in a C -3 (General Business) zone located at the
intersection of Road 34 and Octave Street. The north half of the site in question
currently contains a commercial/ industrial parts and accessories wholesale
warehouse and distribution center; the southern portion is a gravel parking area.
The proposal involves construction of a 6,820 square foot commercial shop
structure to house the spray booth and to provide enclosed working space. The
site plan submitted also indicates a proposed future shop addition equal to the
area of the currently proposed structure, for a total floor area of approximately
13,640 square feet.
The Planning Division is currently processing a Short Plat application (MF#
SPLAT2013 -006) to subdivide the site into two similarly sized parcels. Once
processed, the site (Lot 2) proposed to contain the auto body shop will be
approximately 52,000 square feet in area; occupying the northeast corner of the
intersection of Octave Street and Road 34. Lot 2 (of SPLAT2013 -006) is largely
undeveloped in its current state. Lot 2 functions as a fenced gravel parking lot and
is used for RV parking by Russ Dean RV dealership. The frontage areas, typically
required to be landscaped, contain only gravel. The western frontage on Road 34
contains sidewalk while the south frontage on Octave Street does not.
The potential impacts to nearby residential zones can be compared to the Action
Auto special permit (MF# SP2013 -007) where special permit approval was granted
for a body shop directly across the right -of -way from a residential neighborhood.
Since its construction there have been no complaints received by the City from
nearby residents of the adjacent neighborhoods. This is one example chosen to
illustrate a case where an auto body shop is located less than 200 feet away from
residential units. In another circumstance, an auto body shop located adjacent to
a residential area on "A" Street has been the source of long- standing yet unverified
complaints of fumes and odors.
Impacts of primary concern are that of noise and fumes. The issue of fumes,
monitoring and enforcement will be the responsibility of the State Department of
Ecology permitting. Paint booth manufactures' product details submitted with the
application includes high volume ventilation and filtration equipment to help meet
air quality standards. Regarding noise, the residence nearest to the site is
approximately 500 feet to the southwest. The body shop will be open during
normal business hours when people are commonly away from home. Based on
experience with other auto body shops near residential units, there appears to be
`A
sufficient distance between the body shop and the nearest residences to diffuse
noise to an appropriate level.
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 parcel is currently 2.6 acres in area.
2. Parcel number 119 - 370 -191 is zoned C -3 (General Business).
3. Auto body shops are listed as a Permitted Conditional Use in the C -3
(General Business) zone [PMC 25.46040(2)].
4. The Comprehensive Plan identifies the parcel for commercial uses.
5. The Comprehensive Plan encourages the grouping of similar business types.
There are other automotive sales or related businesses located in the
immediate vicinity of the Auto -Plex.
6. The proposed use is automotive in nature.
7. The site is surfaced with gravel.
8. The sites' frontage on Octave Street lacks sidewalks.
9. The site lacks required right -of -way landscaping on both Road 34 and
Octave Street frontages.
10. The north half of the parcel contains a commercial wholesale distribution
warehouse with parking and required landscaping.
11. Currently the site has an active Short Plat (MF# SPLAT2013 -006)
application to divide the parcel into two lots. The resulting "Lot 2" will be
52,000 square feet in area and is the site to which this Special Permit
application applies.
12. The 52,000 square foot (approximately 1.2 acre) site proposed to contain the
body shop is the south 200.04 feet of parcel number 119- 370 -191.
13. The proposed auto body site is located easterly of and across the street from
existing residential areas.
CONCLUSIONS BASED ON 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 PMC. 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?
3
The Comprehensive Plan designates the proposed site for commercial
development. The Comprehensive Plan encourages urban development
within the Pasco Urban Growth Boundary. The proposal involves the
establishment of a commercial business. Comprehensive Plan policy LU -4-
B encourages concentration of commercial activities, which are functionally
and economically beneficial. The proposed use is functionally similar to
other automotive related business located around the site.
(2) Will the proposed use adversely affect public infrastructure?
The proposed use will not create a significant impact on infrastructure. The
proposed auto body shop will utilize existing infrastructure consistent with
its intended use. Sewer and water usage for an auto body shop is minimal.
(3) Will the
proposed use be constructed, maintained and
operated to be in
harmony
with existing
or intended character of the general
vicinity?
The existing character and intended character of the vicinity is automotive
in nature. The site is part of a conglomeration of automotive businesses
commonly referred to as the Pasco Auto -Plex. The proposed body shop will
support some of the existing auto dealerships, especially Russ Dean RV,
and will blend in with automotive sales and service character of the vicinity.
(4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general
vicinity or impair the value thereof?
Surrounding properties are zoned to permit commercial development.
Buildings on surrounding lots and on the lot in question are permitted to be
45 feet in height. According to the construction details provided with the
application, the auto shop will be 26 feet tall not including the height of
ancillary ventilation stacks. Development on the lot in question and on
surrounding lots must comply with all municipal codes including
landscaping, zoning and building codes. These codes are intended to
support property values and encourage compatibility within neighborhoods.
(5) Will the operations in connection with the proposal be more objectionable to
nearby properties by reason of noise, fumes, vibrations, dust, traffic, or
flashing lights than would be the operation of any permitted uses within the
district?
Impacts of primary concern are that of noise and fumes. The issue of fumes,
monitoring and enforcement will be the responsibility of the State
Department of Ecology permitting. City staff does not have the capability to
measure violations of the Department of Ecology air quality permit
associated with the spray booth. Any monitoring/ enforcement related to air
quality will be conducted by the Department of Ecology which provides
"complaint driven" enforcement at best. Paint booth manufactures' product
0
details submitted with the application includes high volume ventilation and
filtration equipment to help meet air quality standards. Regarding noise, the
residence nearest to the site is over 500 feet to the southwest. The body
shop will be open during normal business hours when people are commonly
away from home. Based on experience with other auto body shops near
residential units there appears to be sufficient distance between the body
shop and the nearest residences to diffuse noise to an appropriate level.
The site is currently in a graveled condition; development of the site will
include paving all surfaces not occupied by the shop building. This means
the proposal will reduce or eliminate dust generated by the site.
Traffic generated by the body shop will be much lower than some of the
regularly permitted uses both in the C -1 and C -3 zones. Grocery stores,
restaurants and express trucking yards are examples of high - traffic uses not
requiring special permit review in the C -3 zone. Unfortunately the ITE
Vehicle Trip Generation Manual does not provide a traffic analysis for auto
body shops.
(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?
Auto body shops possess qualities which would be inherently disruptive to
nearby residences. Impacts most commonly include high noise levels due to
metal shaping activities, and noxious fumes and airborne particulates
produced by painting and paint removal. The Washington State Department
of Ecology (DOE) administers the Federal Clean Air Act by imposing
regulations on paint booth emissions through permitting. The applicant
must obtain the proper DOE permits to address air quality.
The residence nearest to the site is approximately 500 the southwest and is
usually upwind of the site. Noise generated by the body shop will be during
typical business hours when people are typically away from home. It is the
opinion of staff that in the case of people at home during normal business
hours; there is sufficient distance between the body shop and the nearest
residences to diffuse noise to an appropriate level for that time of day.
APPROVAL CONDITIONS
1. The special permit shall apply to the south 200.04 feet of Lot 1, Short Plat
77 -27;
2. The site shall be developed in substantial conformance with the site plan
submitted with the Special Permit application;
3. Landscaping strips meeting the requirements of PMC 25.75 must be
installed on both the Octave Street and Road 34 frontages;
5
4. Sidewalk must be installed along the entire Octave Street frontage per City
standards;
5. The applicant shall be responsible for obtaining all required Department of
Ecology air quality permits for the paint booth;
6. No painting, metal bending, fabrication, priming or grinding shall occur
outside of an approved building;
7. All impervious surface improvements shall be designed to drain, confine
and /or impound storm water or site - generated water within the private
property upon which the improvement is to be located;
8. The pedestrian ramp at the corner of Octave Street and Road 34 must be
replaced to meet current ADA requirements;
9. The special permit shall be null and void if a building permit for required
paint booth improvements has not been obtained by March 3, 2014; and
10. Prior to issuing a Certificate of Occupancy for the proposed facility the
applicant shall provide 24 -hour contact information.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact
and conclusions therefrom as contained in the July 18, 2013 staff
report.
MOTION for Recommendation: I move based on the findings of
fact and conclusions as adopted the Planning Commission
recommend the City Council grant a special permit for the
construction and operation of an auto body shop on the south
200.04 feet of Lot 1, Short Plat 77 -27.
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Planning Commission Minutes
6/20/2013
A. Special Permit Location of an automotive body shop in a C-
3 (General Business Zone) (Russell Dean)
(MF # SP 2013 -0121
Chairman Hilliard read the master file number and asked for comments from
staff.
Shane O'Neill, Planner I, discussed the location of an automotive body shop in
a C -3 (General Business) Zone. The application is running concurrently with a
short plat application to sub - divide the parcel. Auto body shops are required
to obtain a special permit application in C -3 Zones.
Mr. O'Neill briefly discussed some of the conditions typically applied to special
permit applications for automotive body shops.
Commissioner Polk stated that the report mentions the Department of Ecology
overseeing the air quality. She asked if they have standards for different zones
and population or if it's a blanket standard.
Rick White,
Community
& Economic Development Director,
responded that the
Department
of Ecology's
air criteria is specific to the use not
to the population.
Aaron Haggerty, 3200 W. Octave, the General Manager of Russ Dean's Family
RV Center, spoke on behalf of the application.
Chairman Hilliard asked if the applicant had any questions for the Planning
Commission.
Mr. Haggerty responded no.
Commissioner Hoekstra asked the applicant how much volume or business
they expect to generate.
Jason Schmidt, 3200 W. Octave, the Operations Director of Russ Dean's
Family RV Center, stated that they currently take roughly 15 -20 jobs per
month off -site. They are trying to consolidate operations to keep vehicles off
the roads.
Commissioner Hoekstra asked if vehicles would be stored on the property.
Mr. Schmidt answered they would have a building buffer to store vehicles.
With no further comments the public hearing closed.
Commissioner Anderson moved, seconded by Commissioner Greenaway, to
close the public hearing and schedule deliberations, the adoption of findings of
fact and development of a recommendation for City Council for the July 18,
2013 Planning Commission Meeting. The motion passed unanimously.
Planning Commission Minutes
7/18/2013
A, Special Permit Location of an automotive body shop in a C-
3 (General Business Zone) (Russell Dean)
(MF # SP 2013 -0121
Chairman Cruz read the master file number and asked for comments from
staff.
Rick White, Community & Economic Development Director, explained there
was nothing to add from what was explained at the previous meeting.
Commissioner Hilliard moved, seconded by Commissioner Polk, to adopt the
findings of fact and conclusions therefrom as contained in the July 18, 2013
staff report. The motion passed unanimously.
Commissioner Hilliard moved, seconded by Commissioner Greenaway, based
on the findings of fact and conclusions as adopted the Planning Commission
recommend the City Council grant a special permit for the construction and
operation of an auto body shop on the south 200.04 feet of Lot 1, Short Plat
77 -27. The motion passed unanimously.
Mr. White stated that
this will
go
to City Council at their
Special Meeting on
July 29, 2013 unless an
appeal
is
received.
AGENDA REPORT
FOR: City Council
TO: Gary Crutchfie tonoc anager
Rick White,
Community & Development Director
FROM: Jeffrey B. Adams, Associate Planner
July 10, 2013
Workshop Mtg.: 7/22/13
Special Mtg.: 7/29/13
SUBJECT: Shoreline Master Program Request for Pronosals (MF# PLAN 2013 -001)
I. REFERENCE(S):
1. Department of Ecology (DOE) Agreement.
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/22: DISCUSSION:
7/29: MOTION: I move to approve the agreement with the Washington State
Department of Ecology providing grant funding to update the
City's Shoreline Master Program, and further authorize the
City Manager to sign the agreement.
III. FISCAL IMPACT:
Receipt of up to $125,000 for expenses incurred.
IV. HISTORY AND FACTS BRIEF:
A. The Shoreline Management Act (SMA) requires local governments to review /update
their Shoreline Master Programs (SMPs) every eight years. The City of Pasco is
scheduled to update its SMP within two years after State funding is made available and
the grant agreement is approved by Department of Ecology (DOE). Recent approval
of the State budget includes funding for SMP updates. RCW 90.58.080(8) also
provides for a 1 -year extension if DOE "determines that the local government is likely to
adopt or amend its master program within the additional year." Thus, if the grant
agreement is approved by DOE on July 30, 2013 the extended deadline for completion
of the update is July 30, 2016.
B. The overarching goal of the SMA is to prevent harm from uncoordinated or piecemeal
development along the state's shorelines and to maintain consistency with State laws and
the City's Comprehensive Plan and development regulations. The SMA has three basic
policies as outlined in RCW 90.58.020, and SMP updates and amendments must be
consistent with these three policies:
Protect the environmental resources of state shorelines.
2. Promote public access and enjoyment opportunities.
Give priority to uses that require a shoreline location.
V. DISCUSSION
A. For the first biennium (FY 7/1/13 — 6/30/15) funding will be available up to $100,000;
final year funding (FY 7/1/15 — 6/30/16) would be for $25,000 for a total of $125,000. It
must be noted that in year 3 (7/15 -6/16) funding has typically been made available as an
amendment to the grant agreement and is subject to legislative appropriation.
10(b)
B. The funds will be used to contract with a consultant with SMP experience and expertise
and to reimburse Planning Division costs for staff resources used for the update.
C. A consultant will be sought by posting a request for proposals. The proposals received
will be evaluated on a standardized evaluation matrix comparing professional
qualifications, approach, project understanding, and expected cost compared to the
available budget.
D. Staff anticipates bringing a consultant contract document to Council for consideration by
October of this year.
SMA Grant Agreement No. G1200_
between the
State of Washington Department of Ecology
and the
City of Pasco
Project: Comprehensive Shoreline Master Program Update
THIS is a binding agreement entered into by and between the State of Washington, Department of
Ecology, (PO Box 47600, Olympia, Washington, 98504 -7600) hereinafter referred to as the
"DEPARTMENT" or as "ECOLOGY' and the City of Pasco, hereinafter referred to as the 'RECIPIENT'
to carry out activities described herein, and as authorized by the Washington State Legislature under
Chapter 173 -26 of the Washington Administrative Code (WAC) for shoreline implementation.
RECIPIENT Name: City of Pasco
Department: Community & Economic Development
Address: 525 N 3`d Ave Pasco WA 99301
RECIPIENT Project Coordinator: Jeffrey B. Adams
Telephone Number: (509) 545 -3441
E -mail address: adamsiPpasco- wa.gov
Fiscal Contact for RECIPIENT: Dunyele Mason
Telephone Number: (509) 544 -3065
E -mail Address: masond(a)pasco- wa.gov
Payee on Warrant:
Address
Project Officer for the Department:
Telephone Number:
E -mail address:
City of Pasco
525 N 3`d Ave Pasco WA 99301
Jaime Short
SEA / Washington State Department of Ecology
Eastern Regional Office
4601 N Monroe
Spokane, WA 99205 -1295
(509)329 -3411
jsho461(a)ecy.wa.gov
The source of funds provided by ECOLOGY are from the 2011 -13 Washington State Legislature under
Engrossed Substitute House Bill 1087, §302 for Shoreline Implementation and /or the Local Toxics
Control Account.*
Maximum Grant Amount, Fiscal Years 1 & 2 (7/1/13- 6/30/15): $ 100,000
Maximum Grant Amount, Fiscal Year 3 (7/1/15 — 6/30/16) *: $25,000
Total Grant Amount: $125,000
State Maximum Cost Share Rate over all three years: 100% UP TO a maximum of $125,000
The effective date of this agreement is from July 1, 2013 to June 30, 2016.*
*Year 3 funding is subject to legislative appropriation in Fiscal Year 2015 -16 and will be released to
the Recipient via formal amendment.
Page 1 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
General Note
This Standard Scope of Work is presented in three one -year increments that correspond to the steps
needed to prepare a locally adopted comprehensive Shoreline Master Program update. The planning
tasks in this scope of work correspond to the phases in Figure 1: Shoreline Master Program Planning
Process. "Tasks" A, B, and C are common to all phases of the scope of work and are conducted
throughout the update process; whereas "phases" are sequent specific work programs.
Year 1 includes the tasks addressed in SMP update Phases 1 & 2.
Year 2 addresses the tasks in Phase 3.
Year 3 completes the tasks contained in Phases 4 and 5.
Some of the tasks included in this scope of work will overlap in time and may be completed
simultaneously with other tasks. Some tasks are iterative (e.g., analyzing cumulative impacts,
developing regulations) and may involve various steps conducted at different times in the process
before they are completed.
Project Deliverables
The Recipient shall perform the following tasks with deliverables sent to Ecology's Project Officer,
indicated on Page 1 of this agreement. Select deliverables will require a draft submittal as well as a
final submittal. All deliverables per the scope of work below will be in Microsoft Word format, include
accompanying maps as applicable and submitted in one (1) digital and one (1) hard copy version
unless otherwise specified and with the following exceptions:
Final SMP: 1 digital and 2 hard copies.
Quarterly Progress Reports and Payment Requests: one hard copy each to be submitted
with original signatures in blue ink, due October 20, January 20, April 20, and July 20 for each
quarter until SMP adoption.
Scope of Work
Project Description:
The Recipient will complete an update of the Shoreline Master Program (SMP) that is developed
and adopted in a manner consistent with the procedural and substantive requirements of the
Shoreline Management Act (SMA) and its implementing rules, including the Shoreline Master
Program Guidelines (Guidelines). The SMP update process includes completion of inventory and
analysis reports with corresponding maps and illustrations that characterize shoreline ecological
conditions; development of shoreline policies, environment designations, and use regulations; as
well as analysis of cumulative impacts and uses, preparation of a shoreline restoration plan and a
formal local adoption process. The Recipient will incorporate public participation in all phases of the
SMP update. The Recipient may use consultant support as appropriate.
Work Program: The Recipient shall perform the following tasks and phases:
Page 2 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
Tasks Common to All Phases 1 - 5
Task A: Coordination
Coordinate throughout the SMP update process with Ecology and other applicable state agencies,
neighboring jurisdictions, and Indian tribes as provided in the Guidelines and SMA procedural rules.
In addition, consult with all other appropriate entities which may have useful scientific, technical, or
cultural information, including federal agencies, watershed management planning units, salmon
recovery lead entities, universities and other institutions, local individual outdoor recreationists and
conservationists, and organizations with special expertise representing these interests.
Coordinate with adjacent jurisdictions that share areas within shoreline jurisdiction (for example,
jurisdictions on the same lake or stream) for the purpose of efficiently using grant funds; sharing
information and methods of analysis; drafting compatible SMP policies, regulations, environment
designations; and coordinating public involvement.
Attend Ecology- sponsored coordination meetings, which occur on a regular basis, for the duration of
the project. Provide Ecology opportunities for review of draft deliverables at appropriate intervals.
When requested, the recipient shall include a written response to Ecology's comments on draft
deliverables.
Ecology will provide ongoing technical assistance on data sources and approaches, and will
evaluate consistency of deliverables with the Shoreline Management Act and applicable guidelines
throughout the update process.
Deliverables:
1. Documentation of contacts in quarterly progress reports
Dates Due: October 20, January 20, April 20, and July 20 each year for three years
until SMP adoption.
2. Written responses to Ecology's comments on draft deliverables, when requested. (May
be provided in email format.)
Date Due: Following receipt of Ecology's comments.
Task B: Secure qualified consultant services and Interlocal Agreements
B.1: Secure qualified consultant services: The Recipient must prepare a detailed scope of
work for consultant services consistent with the grant scope of work and enter into a
contract with the selected consultant.
Deliverable: Final executed consulting contract,
Date Due: November 30, 2013
1
Task C: Implement Public Participation Plan
Throughout Phases 1 through 5 of the SMP update process, the RECIPIENT shall
inform and involve the public in updating the SMP consistent with the objectives of the
Shoreline Management Act (see RCW 90.58.130) and WAC 173 -26. Public
participation should actively engage all shoreline users and should include establishing
local citizen and technical advisory committees, sharing information at open houses
Page 3 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
and workshops, conducting user surveys, and maintaining an interactive world wide
web site. Public participation shall continue through the formal public hearing and
local SMP adoption process.
Deliverable: Documentation of public participation in quarterly progress reports.
Dates Due: January 20, April 20, July 20 and October 20 each year for three years until
SMP adoption.
Year 1
PHASE 1: Preliminary Assessment of Shoreline Jurisdiction and Public
Participation Plan
Task 1.1: Identify preliminary shoreline jurisdiction
Identify the preliminary geographic scope for the comprehensive SMP update project. Use available
information to map required and optional Shorelines of the State as defined by statute and rule in
order to identify the initial area under SMA shoreline jurisdiction. The shoreline jurisdiction area will be
refined during later tasks. The preliminary jurisdiction mapping will include
• Statutory minimum areas consisting of the following Shorelines, Shorelines of Statewide
Significance and Shorelands (per RCW 90.58.030(2)). This includes national forests and
other federal or tribal areas that are not under sole jurisdiction of the federal government or
tribes.
➢ Rivers and streams with mean annual flow over 20 cubic feet per second.
➢ Lakes and reservoirs exceeding 20 acres.
➢ Associated wetlands of these areas.
➢ Lands extending landward 200 feet from the ordinary high watermark, floodways and
floodplain areas landward 200 feet from the ordinary high water mark.
Optional areas to be considered for inclusion in the SMP:
• Floodplains: All or part of the floodplain landward of the 200 -foot mark from the floodway (per
RCW 90.58.030(2)(f)(i)).
Page 4 of 22
Phased Work 1 - 5
The Recipient shall prepare a complete, locally approved Draft SMP by completing Phases
1 through 5 described below and in the Shoreline Master Program Planning Process:
http•//www ecv wa aou/pro.grams/sea/grantslsmDlDdf /SMP Planning Process .p
Year 1
PHASE 1: Preliminary Assessment of Shoreline Jurisdiction and Public
Participation Plan
Task 1.1: Identify preliminary shoreline jurisdiction
Identify the preliminary geographic scope for the comprehensive SMP update project. Use available
information to map required and optional Shorelines of the State as defined by statute and rule in
order to identify the initial area under SMA shoreline jurisdiction. The shoreline jurisdiction area will be
refined during later tasks. The preliminary jurisdiction mapping will include
• Statutory minimum areas consisting of the following Shorelines, Shorelines of Statewide
Significance and Shorelands (per RCW 90.58.030(2)). This includes national forests and
other federal or tribal areas that are not under sole jurisdiction of the federal government or
tribes.
➢ Rivers and streams with mean annual flow over 20 cubic feet per second.
➢ Lakes and reservoirs exceeding 20 acres.
➢ Associated wetlands of these areas.
➢ Lands extending landward 200 feet from the ordinary high watermark, floodways and
floodplain areas landward 200 feet from the ordinary high water mark.
Optional areas to be considered for inclusion in the SMP:
• Floodplains: All or part of the floodplain landward of the 200 -foot mark from the floodway (per
RCW 90.58.030(2)(f)(i)).
Page 4 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
• Buffers: Buffers necessary for the protection of Critical Areas as defined in Growth
Management Act regulations (per RCW 90.58.030(2)(f)(ii)).
• Future annexation areas: For cities, SMPs may include Shoreline Environment
predesignation within designated unincorporated Urban Growth Areas.
Contact the Ecology project officer for the most recent maps of stream segments meeting the 20
cfs threshold and other available information. If federal or tribal areas are proposed for exclusion,
provide documentation that the area is under sole jurisdiction which precludes application of
local and state authorities.
Deliverable: Preliminary jurisdiction map (digital) of Shorelines of the State subject to local SMP
Date Due: 3 -20 -2014
Task 1.2: Prepare plan for public participation
Throughout Phases 1 through 5 of the SMP update planning process, inform and involve the public
in updating the SMP consistent with the Shoreline Management Act (see RCW 90.58.130) and WAC
173 -26. Prepare a public participation plan that identifies specific objectives, outreach strategies,
key parties (Planning Commission and elected officials, shoreline property owners, state agencies,
Tribes, local residents, neighboring jurisdictions, etc.), and establishes timelines for public
participation activities. Engage all parties early and continuously in the update process, particularly
those relevant individual recreationists and conservationists or organizations that may not typically
seek involvement in new shoreline regulations. Documenting all public outreach and public events
related to SMP development is required.
Ecology recommends that the public participation process be coordinated by a designated facilitator
(with responsibilities distinct from the local planner managing the update effort).
Deliverables:
1. Public participation plan (digital copy).
2. Public participation updates in quarterly progress reports.
Date Due: 3 -20 -2014
Task 1.3: Demonstrate how Phase 1 complies with the Guidelines
Fill in SMP Submittal Checklist for the tasks that you have completed under Phase 1.
Deliverables: An SMP Submittal Checklist completed as relevant to task.
Date Due: 3 -20 -2014
PHASE 2: Shoreline Inventory, Analysis & Characterization
Task 2.1: Conduct shoreline inventory
Compile all pertinent and reasonably available data, plans, studies, inventories, maps and other
applicable information. Collect the following information to the extent that such information is
relevant and reasonably obtainable:
• Shorelines
of the State
(all
marine
shorelines,
streams
>20 cfs
mean annual flow, lakes >20
acres, and
shorelands)
as
defined
in RCW 90.58.030,
located
in the Recipient's jurisdiction.
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between the Washington State Department of Ecology and the
City of Pasco
• General location of channel migration zones, floodplains, and the floodway.
• Critical areas, including wetlands, aquifer recharge areas, fish and wildlife conservation
areas, geologically hazardous areas, and frequently flooded areas, as defined in RCW
36.70A3 the Growth Management Act.
• Shoreline and adjacent land use patterns /density and transportation and utility facilities,
including the extent of existing structures, impervious surfaces, vegetation and shoreline
modifications within shoreline jurisdiction. Platted lots including undeveloped lots (except
those not developable under local subdivision ordinance).
• Degraded areas and sites with potential for ecological restoration.
• Areas of special interest, such as priority habitats, rapidly developing waterfronts, previously
identified toxic or hazardous material clean -up sites, and eroding shorelines.
• Existing and potential shoreline public access sites, including public rights -of -way and utility
corridors. The inventory will include descriptions of recorded public access easements, their
prescribed use, maintenance and terms.
• Historical aerial photographs documenting past conditions to assist in preparing an analysis
of cumulative impacts of development.
• Archaeological and historic resources in shoreline jurisdiction.
• Policies and regulations in shoreland and adjacent areas that affect shorelines, such as
surface water management and land use plans and regulations (Critical Areas Ordinance,
flood ordinance, etc.).
Deliverables:
1. Draft list of inventory data sources for review and comment.
2. Digital and one hard copy: working maps of inventory information displayed at
appropriate scales.
Date Due: 7 -20 -2014
(Note:
Please provide Ecology with
sufficient time,
approximately 30 days, to review and comment
on the
draft inventory data sources
list and working
maps.)
Task 2.2: Conduct shoreline analysis
Conducting the shoreline analysis will result in a shoreline characterization report. The report will
define the ecological functions of the shorelines in your jurisdiction, identify shoreline management
challenges, and present recommendations for protection and restoration of shoreline functions.
(Please see description of this report in Task 2.3.)
Conduct an analysis of the inventory information and data collected in Task 2.1 as it relates to
development of an effective SMP. Develop a characterization of the ecosystem processes and
shoreline functions. Identify opportunities for shoreline protection and restoration. Identify current
and potential public access sites. Conduct a shoreline use analysis. Identify measures and actions
to protect and restore shoreline functions and ecosystem wide processes (e.g. appropriate land use
activities or environment designations, regulations, development standards, etc.) These tasks
should be conducted as they are relevant to shorelines in your jurisdiction.
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
2.2.1 Characterize ecosystem -wide processes
This characterization will include a coarse -scale analysis of the broader area that influences
the shoreline jurisdiction. It will include a narrative with reference to maps that describes and
illustrates the processes in the larger drainage area that are linked to the shoreline through
hydrologic flows. These processes include the uptake, transport and deposition of sediment,
nutrients, woody debris, and pollutants. Specifically, this characterization will:
• Present the geographic context for shoreline jurisdiction areas —with geology, soils,
topography, vegetation, and drainage patterns of the watersheds. Describe how these
large scale upland areas relate to and affect the shoreline. Review existing regional
watershed or natural resource related plans for inclusion of relevant information.
• Identify areas throughout the watersheds, or, within and beyond shoreline jurisdiction,
that are important to maintaining shoreline ecological functions (e.g. wetlands, forest
cover, floodplains, higher permeability deposits, discharge, organic /clay soils, etc.)
• Identify areas that are key impairments (e.g. forest clearing, impervious cover,
channelized streams, altered wetlands, roads and ditches, dams /diversions,
groundwater withdrawals, and listed impairments such as those published in the 303(d)
list.
• Identify opportunities for protection /restoration of upland and adjacent areas essential for
maintaining shoreline processes and function.
2.2.2 Characterize shoreline functions
This will be a more detailed analysis of the shoreline jurisdiction that includes a narrative with
reference to maps and GIS data. Delineate shoreline reaches based on land use and
ecological processes (such as man -made physical features, stream confluences, or littoral
drift cell boundaries). Describe functions that are associated with each shoreline reach.
Specifically, this characterization will:
Detail the physical, biological, and land -use components within the shoreline jurisdiction.
Evaluate and assess shoreline ecological function using current scientific understanding
of the relationship between the conditions of ecosystem -wide processes and functions
within the Town's shoreline jurisdiction. Identify functions that are healthy, functions that
are adversely impacted and functions that may have existed and are now missing.
2.2.3 Conduct Shoreline Use Analysis
• Identify
current patterns
of land uses in shoreline
areas.
• Identify
likely shorelines
uses and estimate future
demand for shoreline space.
• Identify
opportunities for
SMA preferred uses and
potential use conflicts.
2.2.4 Analyze opportunities for public access
• Identify current public access sites and opportunities for future access sites.
Task 2.3 Prepare shoreline inventory and characterization report
Prepare a shoreline inventory and characterization report with accompanying maps that provides an
analysis of the inventory data, ecosystem characterization and shoreline functions, shoreline use
and public access findings as it relates to development of an effective SMP. The report will present
findings and recommendations in a way that is useful for making SMP planning decisions. This
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
report will provide a foundation for establishing environment designations, policies and implementing
regulations. The report should identify data gaps, focusing on information that would be useful to
support shoreline program development and implementation. The report should:
• Present the geographic and jurisdictional context for the SMP update.
• Characterize ecosystem processes and functions.
• Present reach level analysis information. Detailed information on shoreline reaches will
identify opportunities and constraints in:
➢ Protecting intact and restoring degraded ecological processes and functions.
➢ Addressing the requirements for shorelines of statewide significance per WAC 173 -26-
251.
➢ Providing public access.
➢ Accommodating appropriate water - oriented uses.
• Identify potential use conflicts to inform environment designation and allowed use
decisions.
• Develop shoreline management measures for protection and restoration of ecological
functions, SMP policies, regulations, and environment designations based on the findings
of the inventory and characterization. (For example, recommendations may include
appropriate land use activities or environment designations, regulations, development
standards, restoration and protection actions and strategies.)
• Organize relevant data for efficient review and use in the cumulative impact analysis. (A
table is recommended.)
The report will also include refined shoreline jurisdiction boundaries and synthesis maps at
appropriate viewing scales that will inform the report and illustrate findings that correspond with the
narrative. For example, the user will be introduced to the area with coarser resolution vicinity maps
indicating the county /town location in the state and delineating county /town and watershed
boundaries. Maps at the shoreline reach scale will clearly differentiate the land and water contained
within SMA jurisdiction from adjacent lands and contributing drainages. Maps at this scale will
present the significant geologic, hydrologic, and ecologic features most essential to maintaining
shoreline form and function and those land uses that may have altered upland processes influencing
shoreline function. The reach scale maps also will indicate applicable inventory features such as
known presence of listed species, critical riparian or aquatic vegetation, existing land uses,
designated critical areas, and shoreline modifications. Potential areas for shoreline uses, public
access, restoration and /or protection will be indicated. The portfolio will include a comprehensive list
and map of public access to shorelines.
Deliverables: Shoreline characterization and analysis report with map portfolio that addresses the
above task requirements in 2.1, 2.2 and 2.3, above.
Due Date: 1 hard copy each: Draft 10 -30 -2014 Final: 12 -20 -2014.
(Note: Please provide Ecology with sufficient time, approximately 45 to 60 days, to review and
comment on the draft characterization and analysis report.)
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
Task
2.4:
Demonstrate how Phase
2 complies with the Guidelines
Fill in
SMP
Submittal Checklist for the tasks
that you have completed under Phase 2.
Deliverable: An SMP Submittal Checklist completed as relevant to task (adding
incrementally to earlier completed tasks).
Date Due: 12 -30 -2014
Year 2
PHASE 3: Complete Draft SMP and Cumulative Impacts Analysis
Task 3.1 Conduct community visioning process
Conduct a community visioning process with as many participants representing as many interests as
possible to help determine goals for future use of local shoreline jurisdiction. Conduct this visioning
process with respect to the SMP Shoreline Inventory and Characterization findings, SMA policies,
and the SMP Guidelines. The visioning process should help identify shoreline issues and
opportunities. The product will be a community visioning report that summarizes visioning activities,
comments, recommendations and goals. The report should be used to help determine shoreline
environment designations, appropriate uses and activities, development standards, shoreline
resource protection, and opportunities for public access and restoration.
Deliverable: Community visioning report
Date Due: 3 -20 -2015
Task 3.2: Develop general SMP goals, policies and regulations
Prepare general shoreline goals and policies that are applicable throughout the area within shoreline
jurisdiction. Optional SMP components may include general SMP regulations that apply in all
environment designations.
Task 3.3: Develop environment designations
Develop environment designations that are appropriate to current waterfront conditions per the
findings of the shoreline inventory and characterization. Shoreline environment designations may be
comprised of those recommended in the guidelines; the existing local SMP; unique, locally
developed environments; or any combination of these, so long as they are consistent with WAC 173-
26 -211 environment designation criteria.
Prepare draft maps illustrating the land and water area contained within mapped shoreline
designation boundaries together with justification and rationale for the proposed designations.
Boundaries of shoreline environment designations shall be clearly mapped. Optional shoreline
jurisdiction areas, including entire floodplains and buffers for critical areas, should be mapped and
designated if they are included within shoreline jurisdiction. A map clearly illustrating existing
Page 9 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
designations
compared to proposed
designations should be prepared.
A
narrative rationale
describing reasons for maintaining or changing the designations shall
be
included.
Task 3.4: Develop environment - specific shoreline use & modification policies,
regulations and standards
Prepare draft policies and regulations for environment designations, all uses discussed in the SMP
Guidelines, and shoreline modifications. The draft policies and regulations for shoreline
environment designations shall, at a minimum, identify:
• Shoreline use and modification activity goals and policies.
• Shoreline uses and modifications that are prohibited and allowed by Substantial
Development Permit or Conditional Use Permit.
• Bulk dimensional standards (buffers, setback, density, etc).
• Shoreline modification activity standards.
• Any local policies or regulations adopted by reference, if relied upon to satisfy SMA or
guidelines requirements.
Optional SMP components may include:
• Shoreline use and dimensional standards listed in matrices, by environment designation.
(Strongly encouraged.)
Task 3.5 Develop SMP administrative provisions
Prepare draft provisions for SMP administration, including necessary elements and timelines for
permit administration, compliance, and enforcement. Statements about the role of Ecology in permit
decisions should be included.
A definitions section should be prepared. Definitions should be particular to SMP administration,
consistent with the SMP's implementing rules. Definitions should be clearly and concisely written.
Optional SMP components may include additional administrative provisions, if not inconsistent with
SMA procedural rules and the guidelines. An SMP "user's guide' may be prepared.
Deliverables:
1. Complete Draft SMP including:
• Draft general goals and policies and optional general regulations. (Task 3.2)
• Draft environment designations and draft environment maps. (Task 3.3)
• Draft environment - specific shoreline use and modification policies, regulations, and
standards. (Task 3.4)
• Draft administrative provisions. (Task 3.5)
• Maps showing environment designations within shoreline jurisdiction
2. An SMP Submittal Checklist completed as relevant to task (adding incrementally to
earlier completed tasks).
Date Due: Initial Draft: 6 -30 -2015; Second Draft: 1 -15 -2016 (Will also go to City Council
about same date)
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
(Note: Please provide Ecology with sufficient time, approximately 45 to 60 days, to review and
comment on the draft documents.)
Task 3.6 Prepare preliminary cumulative impacts analysis
Evaluate and analyze draft SMP policies, regulations and environment designations to show how
they achieve no net loss of shoreline ecological functions during the planning period. The analysis
will include incremental and cumulative impacts of future uses and development allowed by the
proposed SMP as an ongoing part of the update process. The analysis will identify how proposed
SMP regulations and standards and restoration activities will avoid and offset expected impacts of
future permitted and exempt shoreline development. Scenario -based impacts analysis is
encouraged. The cumulative impacts analysis may need to be revised if the initial document shows
that cumulative impacts would result from the draft SMP.
(Note: The preliminary cumulative impacts analysis should be submitted at the same time as the
Draft SMP.)
Deliverable: A cumulative impacts analysis of the SMP demonstrating how no net loss of ecological
functions will be achieved over time at in the jurisdiction.
Date Due: Draft 6 -30 -2015
(Note: Please provide Ecology with sufficient time, approximately 45 to 60 days, to review and
comment on the draft cumulative impacts analysis.)
Task
3.7:
Demonstrate how Phase
3 complies with the Guidelines
Fill in
SMP
Submittal Checklist for the tasks
that you have completed under Phase 3.
Deliverables: An SMP Submittal Checklist completed as relevant to task (adding
incrementally to earlier completed tasks).
Date Due: 6 -30 -2015
PHASE 4: Restoration Planning, Revisiting Phase 3 Products
as Necessary
Task 4.1 Prepare restoration plan
Based on the Inventory and Characterization report, develop a plan for restoration of impaired
ecological functions in specific shoreline reaches. Restoration plans should include:
• Identification of degraded areas, impaired ecological functions, and sites with potential for
ecological restoration.
• Goals and priorities for restoration of degraded areas and impaired ecological functions.
• Existing and ongoing restoration projects and programs.
• Additional projects needed to achieve restoration goals and implementation strategies,
including identification of prospective funding.
• Times and benchmarks for achieving restoration goals.
• Mechanisms to ensure that restoration projects and programs will be implemented.
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
Consult with organizations conducting restoration work for assistance in developing restoration
strategies. The restoration plan should identify overlaps in how and where restoration work is being
conducted. An implementation strategy should include recommendations for coordination between
groups doing restoration work. A list of specific prioritized restoration projects may be included as
an appendix to the SMP.
Deliverable:
A complete restoration
plan and implementing
strategy.
Dates Due:
Draft: 6 -30 -2015 Final:
6 -30 -2016
(Note: Please provide Ecology with sufficient time, approximately 30 to 45 days, to review and
comment on the draft restoration plan.)
Year 3
Task 4.2: Revisit draft SMP and cumulative impacts analysis; finalize SMP
jurisdiction maps
Based on findings in the cumulative impacts analysis, re- evaluate and revise the draft SMP
environment designations, policies, and regulations in response to Ecology comments on the
preliminary draft materials developed in Phase 3 as necessary to assure that they are adequate to
achieve no net loss of ecological functions. Revise the cumulative impacts analysis as needed to
reflect changes in the draft SMP. This version will be the Planning Commission recommended draft.
Prepare final jurisdiction maps (digital) of Shorelines of the State identified in Task 1.1 that will be
subject to the local SMP.
Deliverables:
1. Revised designations, policies, and regulations that address the findings of the
cumulative impacts analysis.
2. Revised cumulative impacts analysis.
3. Final SMP jurisdiction maps and boundary descriptions
Date Due: 1- 15 -16; Draft SMP to be reviewed by City Council by 1 -30 -2016
(Note: Please provide Ecology with sufficient time, approximately 45 to 60 days, to review and
comment on the revised draft SMP and other documents
Task 4.3: Prepare a report that demonstrates how no net loss will be achieved
Prepare a report that demonstrates how the recommended shoreline management measures in
Task 2.3, together with the findings of the cumulative impacts analysis and the restoration plan, are
reflected in the proposed SMP and achieve no net loss.
Deliverables: A report that demonstrates how no net loss will be achieved through SMP
implementation.
Date Due: 1 -15 -2016
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SMA Grant Agreement No. G1200
between the Washington. State Department of Ecology and the
City of Pasco
Task
4.4:
Demonstrate how Phase
4 complies with the Guidelines
Fill in
SMP
Submittal Checklist for the tasks
that you have completed under Phase 4.
Deliverables: An SMP Submittal Checklist completed as relevant to task (adding
incrementally to earlier completed tasks).
Date Due: 1 -15 -2016
PHASE 5: Local SMP Adoption Process
Conduct a local review and adoption process for the proposed SMP as provided in the SMA, WAC
173 -26, and the State Environmental Policy Act. The SMP shall contain shoreline policies,
regulations, environment designations, definitions, required administrative provisions, and a clear
description of final SMP jurisdiction boundaries together with copies of any provisions adopted by
reference.
Task 5.1: Assemble complete Final Draft SMP
Assemble a complete draft SMP for Town Council review and approval and formal submittal to
Ecology. This draft would include response to Ecology informal comments on the preliminary draft
submitted under Tasks 4.3 and 4.4 deliverables.
Task 5.2: Complete SEPA review and documentation
Conduct and document SEPA review pursuant to chapter RWC 43.21 C, the State Environmental
Policy Act
Task 5.3: Provide GMA 60 -day notice of intent to adopt
Upon conclusion of Tasks 5.1, and 5.2, local governments planning under the Growth Management
Act must notify Ecology and the Department of Commerce of its intent to adopt the SMP as least
sixty days in advance of final local approval, pursuant to RCW 36.70A.106 and WAC 173 -26 -100
(5).
Task 5.4: Hold public hearing
Hold at least one public hearing prior to local adoption of the draft SMP, consistent with the
requirements of WAC 173 -26 -100. The names and mailing addresses of all interested parties
providing comment shall be compiled.
Task 5.5: Prepare a responsiveness summary
Prior to adoption of the draft SMP by the local elected body, prepare a summary responding to all
comments received during the public hearing and the public comment period, discussing how the
draft SMP addresses the issues identified in each comment.
Task 5.6: Adopt SMP and submit to Ecology
Complete the adoption process for the SMP update and submit the locally- adopted Draft SMP to
Ecology.
Task 5.7: Demonstrate how Phase 5 complies with the Guidelines
Fill in the SMP Submittal Checklist for the tasks that you have completed under Phase 5.
Deliverables:
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
1. A complete, locally adopted SMP including maps, with relevant supporting
documentation. (Tasks 5.1 and 5.7)
2. SEPA products (checklist, MDNS or EIS; SEPA notice. (Task 5.2)
3. Evidence of compliance with GMA notice requirements. (Task 5.3)
4. Public hearing record. (Task 5.4)
5. Response to comments received. (Task 5.5)
6. A complete SMP Submittal Checklist.
Date Due: 6 -30 -2016
Budget Summary and Conditions
Very Important Note: Due to state law, all state funds that are disbursed to local governments
under these grants are appropriated in the state budget on a biennial basis. Funds appropriated
for each biennia of the grant must be spent on eligible activities within that two -year period. Local
governments are not allowed to carry unexpended funds past that date.
We are aware that state and local fiscal years are not on the same schedule; however,
state law requires strict adherence to the state biennial funding cycles for state
agreements. Grantees are strongly encouraged to actively manage their projects to
ensure that spending occurs at budgeted levels within the time constraints specified on
page one.
1. Project Administration: For the administration of this agreement the RECIPIENT must
follow the current edition of the Administrative Requirements for Ecology Grants and Loans
(Yellow Book). htto: / /www.eGy.wa -gov /biblio /9118 :html
2. Invoicing:
Grants are awarded on a reimbursable basis. The Recipient initially pays project
costs as they incur. Invoicing to Ecology is usually by quarter but not more often than
once per month. Upon presentation of an invoice to Ecology, Ecology's share of the
project is reimbursed to the Recipient.
Expenditures will be monitored by the Ecology Fiscal Office for compliance with the
budget (see below). Budget deviations are allowed between tasks (e.g., a grantee
may spend less money on one task and more on another), but in no circumstances
may the RECIPIENT exceed the total project cost. If the total of all budget
deviations exceeds 10% of the entire project cost, the Ecology Project Officer may
require a written budget redistribution. When submitting invoices to Ecology, the
RECIPIENT shall itemize all costs by task and provide subtotals by task on
Ecology's Form C2, Voucher Support Form. All payment requests must have forms
A, B, C (and D if applicable), be accompanied by a commensurate progress report,
and receive Ecology Project Officer approval before payment can be released.
NOTE: For payment requests, the RECIPIENT must use the Ecology forms provided.
Otherwise, Ecology will return requests to the RECIPIENT for submittal on the correct
forms.
Page 14 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
• The RECIPIENT must maintain complete backup documents including but not
limited to all invoiced costs and time sheets - signed and dated by employee and
supervisor. The RECIPIENT must keep these expenses in grant files according to
budget task for a period of three years after project completion and make them
available at any time for inspection by the DEPARTMENT.
• Requests for reimbursement must be submitted at least quarterly but not more
than once per month by the RECIPIENT on state invoice voucher forms.
• The indirect rate must not exceed 25 percent of direct (staff) labor and benefit
costs. This rate covers space utilities, miscellaneous copying, telephone, motor
pool, janitorial services, records storage, rental, county fiscal and legal services, etc.
Items not included in this list must be reported with the first payment request and
must remain consistent for the life of the grant.
• Right to Audit: The Recipient agrees that payment(s) made under this grant shall
be subject to reduction for amount charged thereto which are found after audit ex-
amination not to constitute allowable costs under this grant. The Recipient shall
refund by check payable to the DEPARTMENT the amount of such reduction of
payments under completed or terminated grants
• Estimates: Near the end of each fiscal year, Ecology's Fiscal Office requires
specific expenditure information anticipated from each jurisdiction up to June 30 of
that given year. This information is compiled by Ecology as a cash flow projection
in order to draw down sufficient liquid funds to cover cumulative expenditures.
4. Final payment of grant projects is contingent on receipt of viable work products as listed
in the grant document.
5. Funding Budget (for RECIPIENT reporting and Ecology tracking purposes): The source
of funds provided by ECOLOGY are from the 2011 -13 Washington State Legislature under
Engrossed Substitute House Bill 1087, §302 of the Local Toxics Control Account.
Maximum Grant Amount, Fiscal Years 1 & 2 (7/1/13 — 6/30/15): $ 100,000
Maximum Grant Amount, Fiscal Year 3 (7/1/15 — 6/30/16) *: $25,000
Total Grant Amount: $125,000
State Maximum Cost Share Rate overall three years: 100% UP TO a maximum of
$125,000
*Year 3 funding is subject to legislative appropriation in Fiscal Year 2015 -2016.
balance of page left blank intentionally
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
Estimated Expenditure Budget
balance of page left blank intentionally.
Page 16 of 22
Phase / Task
Years 1 & 2
Year 3
Total
Project
Fiscal Years 12 & 13
FY 14
7/1/2013 - 6/30/2015
71112015-
6/30/2016
Tasks Common to All Phases:
A. Project Coordination
$101000.00
$4,000.00
$14,000.00
B. Secure Contracted Services
$1,000.00
$0.00
$17000.00
C. Implement Public Participation Plan
$0.00
$0.00
$0.00
Phased Work:
1.
Preliminary Assessment / Prepare
Public Participation Plan
$302000.00
$0.00
$302000.00
2.
Shoreline Inventory, Analysis, and
Characterization
$30,000.00
$9,000.00
$39,000.00
3.
Develop SMP and Cumulative Impacts
Analysis
$8,000.00
$7,000.00
$165000.00
4.
Restoration Planning / Revisit Phase 3
products as necessary
$207000.00
$5,000.00
$252000.00
5.
Local Adoption Process
$0.00
$0.00
$0.00
Total
$100,000.00
$25,000.00
11 $125,000.00
balance of page left blank intentionally.
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
11 Special Terms and Conditions n
1. Administrative Guidelines: The Recipient shall comply with the Department's current
edition of "Administrative Requirements for Ecology Grants and Loans ", ( "Yellow Book ")
publication number 91 -18. The Recipient shall be responsible for maintaining appropriate
financial records throughout the life of the project and in accordance with these guidelines.
2. Responsibilities of the Project Coordinator: The Recipient's Project Coordinator shall be
responsible for the procedural obligations under this agreement in addition to his /her duty to
coordinate the planning effort hereunder. He /She shall cooperate with all parties concerned
in every way possible to promote successful completion of the services described in the
Scope of Work.
3. Progress Reports. The RECIPIENT shall prepare and submit quarterly progress reports
to the DEPARTMENT throughout the life of the grant. Reports shall be submitted no later
than 20 calendar days after the end of the reporting period as follows:
Progress Report
Reporting Period
Date Due
First Quarter
Jul 1 — September 30
October 20
Second Quarter
October 1 — December 31
January 20
Third Quarter
January 1 — March 31
Aril 20
Fourth Quarter
Aril 1 — June 30
July 20
For Report Contents and Ecology's form: Please visit our website at:
httD: / /www.ecv.wa.pov /Drograms /sea /grants /smp /forms html
County or City Name
Grant No. G1200
Project Title
Task Title
Task Number
Date
3. Identification of Project Materials - All reports, maps,
and other documents published as part of this grant agreement
shall carry the name of the RECIPIENT, Ecology's grant number
(in the upper right hand corner), title, the specific task number of
the product and date centered on the front cover or title page (or
in the case of maps, the block which contains the name of the
Government unit or Department) and acknowledgment of the
source of funding as follows:
4. Format for Publications and Brochures: Any (hard copy) publications or brochures
required as a product of this agreement shall conform to minimum standards of size, 8 -1/2" x
11" white, recycled paper equivalent in weight to 20 lb. bond, single spaced, printed both
sides, no less than 1" margins. Photos, illustrations, and graphs must be of reproducible
quality. Any publications or brochures intended for public distribution shall comply with
graphic requirements as specified in Ecology's "Publications Handbook ", publication number
9 1 -41 and any additional specifications as may be outlined in the Scope of Work.
5. Quality Assurance Project Plan (QAPP). IF this project involves the collection of
environmental measurement data, the RECIPIENT must prepare a QAPP to ensure the
consistent application of quality assurance principles to the planning and execution of all
activities involved in generating this data. The plan shall be conducted in accordance with
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
the DEPARTMENT's Guidelines for the Preparation of Quality Assurance Project Plans for
Environmental Studies, current edition, (Ecology Publication No. 04 -03 -030). The plan must
describe the monitoring and data quality objectives, procedures, and methodologies which
will be used to ensure that all environmental data generated will meet these
requirements. The size and complexity of the plan should be cost effective and in proportion
to the magnitude of the sampling effort. The RECIPIENT may also reference Technical
Guidance for Assessing the Quality of Aquatic Environments, February 1994 (Ecology
Publication No. 91 -78), in developing the plan. The QAPP shall be composed of a concise
description of the environmental measurement aspects of this project. Ecology's Project
Officer shall review and approve this plan prior to initiation of work.
The QAPP should describe the following elements:
• Assumptions that direct the collection and analysis of data;
• Resources used (such as flights for aerial photos);
• Resource documents that will be consulted;
• Field methods employed;
• Office methods employed;
• Training level of staff involved in data collection and analysis;
• Equipment / materials to be used
• Procedures to assure accurate calibration of field instruments.
Other supporting documentation, including example QAPPs, QAPP templates, and field
SOPs may be found at Ecology's Quality Assurance website:
www.ecy.wa.gov/programs/eap/quality.htmI
6. Coordination with Ecology's Geographical Information System (GIS). If this project
involves developing GIS data, the RECIPIENT shall coordinate with Ecology's GIS office in
an effort to promote compatibility and to encourage sharing of geospatial data. To facilitate
data sharing, the DEPARTMENT utilizes the following standards:
7.
Whenever possible, the Recipient is encouraged to utilize the standards listed above when
compiling data. To discuss the usage of other standards, please contact Jerry Franklin at 360
407 -7470; Fax: 360 407 -6902; E -Mail: jfra461 @ecy.wa.gov or Dan Saul at 360 - 407 -6419; E-
Mail: dsau461(g)ecv.wa.gov for further data sharing and compatibility information.
Page 18 of 22
Ecology's GIS Standards
ESRI's ARC /INFO
Current version
ESRI's ArcView
Current Version
Horizontal Datum
NAD 83 HARN
Vertical Datum
INGVD88
Projection System
Lambert Conic Conformal
Coordinate System
WA State Plane Coordinates
Coordinate Zone
South
Coordinate Units
Feet
Accuracy Standard
+1-40 Feet (1:24,000) minimum accuracy to within
a foot of the true North American datums stem
Vector Import Format
ArcExport, DLG and /or DXF, shapefiles
Raster Import Format
TIFF, BIL/BIP, RLC,GRID,ERDAS, SID
Whenever possible, the Recipient is encouraged to utilize the standards listed above when
compiling data. To discuss the usage of other standards, please contact Jerry Franklin at 360
407 -7470; Fax: 360 407 -6902; E -Mail: jfra461 @ecy.wa.gov or Dan Saul at 360 - 407 -6419; E-
Mail: dsau461(g)ecv.wa.gov for further data sharing and compatibility information.
Page 18 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
The RECIPIENT shall submit copies to Ecology's Project Officer with complete
documentation as it relates to all digital data, GIS coverages, shape files, related tables and
map products.
8. Washington State Minority and Women's Business Participation. The RECIPIENT
agrees to solicit and recruit, to the maximum extent possible, certified minority -owned (MBE)
and women -owned (WBE) businesses in purchases and contracts initiated after the effective
date of this Agreement.
In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the
RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women -owned
business participation in all bid packages, request for proposals, and purchase orders.
These goals are expressed as a percentage of the total dollars available for the purchase or
contract and are as follows:
Construction /Public Works
Architecture /Engineering
Purchased Goods
Purchased Services
Professional Services
10%
MBE
6 %WBE
10%
MBE
6 %WBE
8%
MBE
4 %WBE
10%
MBE
4 %WBE
10%
MBE
4 %WBE
No contract award or rejection shall be made based on achievement or non - achievement of
the goals. Achievement of the goals is encouraged, however, and the RECIPIENT and ALL
prospective bidders or persons submitting qualifications shall take the following affirmative
steps in any procurement initiated after the effective date of this Agreement:
a. Include qualified minority and women's businesses on solicitation lists.
b. Assure that qualified minority and women's businesses are solicited whenever
they are potential sources of services or supplies.
C. Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
d. Establish delivery schedules, where work requirements permit, which will
encourage participation of qualified minority and women's businesses.
e. Use the services and assistance of the State Office of Minority and Women's
Business Enterprises ( OMWBE) and the Office of Minority Business Enterprises
of the U.S. DEPARTMENT of Commerce, as appropriate
By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be
followed. Any contractor engaged by the RECIPIENT under this agreement shall be required
to follow the above five affirmative steps in the award of any subcontract(s).
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on
forms provided by the DEPARTMENT, payments made to qualified firms. The report will
address:
a. Name and state OMWBE certification number of any qualified firm receiving funds
under the voucher, including any sub - and /or sub - subcontractors.
b. The total dollar amount paid to qualified firms under this invoice.
Page 19 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
The following federal terms and conditions are applicable with any local grant being used as match
to a federal agreement at the State level. Ecology provides the required (FFATA) form at the time of
grant signature.
9. Federal Circular Compliance: As a subrecipient of federal funds, the RECEIPIENT must
comply with the following federal regulations:
OMB
Circular A -133,
Audits of States, Local Governments, and Non - Profit Organization
OMB
Circular A -133,
Compliance Supplement
OMB
Circular A -87,
Cost Principles for State, Local and Indian Tribal Governments
OMB
Circular A -102,
Uniform Administrative Requirements
These federal regulations can be found at: http: / /www.whitehouse.gov /omb /circulars/
10. Federal Funding Accountability and Transparency Act (FFATA) Reporting
Requirements:
In order to comply with the FFATA, the RECIPIENT must complete the FFATA Data
Collection Form, copy attached, and return it to the DEPARTMENT. The DEPARTMENT will
report basic agreement information, including the required DUNS number, for all federally -
funded agreements at www.fsrs.gov . This information will be made available to the public
at www.usaspendino.00v. Recipients who do not have a DUNS number can find guidance at
www.grants.gov. Please note that the DEPARTMENT will not pay any invoices until it
has received the completed FFATA Data Collection Form.
Any recipient that meets each of the criteria below must also report compensation for its five top
executives, using the DEPARTMENT's Federal Funding Accountability and Transparency Act
(FFATA) Data Collection Form.
Receives more than $25,000 in federal funds under this award; and
Receives more than 80 percent of its annual gross revenues from federal funds; and
Receives more than $25,000,000 in annual federal funds
See www.fsrs.cov for details of this requirement. If your organization falls into this category, you must
report the required information to the DEPARTMENT
11. Government Debarment and Suspension: This agreement is subject to Federal Executive
Orders 12549, 12689 and 15 CFR Part 26, Debarment and Suspension and Requirements
for a Drug -free Workplace:.
a. The RECIPIENT /CONTRACTOR, by signing this agreement, certifies that it is not
suspended, debarred, proposed for debarment, declared ineligible or otherwise
excluded from contracting with the federal government, or from receiving contracts paid
for with federal funds. If the RECIPIENT /CONTRACTOR is unable to certify to the
statements contained in the certification, they must provide an explanation as to why
they cannot.
b. The RECIPIENT /CONTRACTOR shall provide immediate written notice to the
Department if at any time the RECIPIENT /CONTRACTOR learns that its certification
was erroneous when submitted or had become erroneous by reason of changed
circumstances.
Page 20 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
C. The terms: covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and
voluntarily excluded, as used in this clause, have the meaning set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. You may
contact the department for assistance in obtaining a copy of those regulations.
d. The RECIPIENT /CONTRACTOR agrees it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under the applicable
Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction.
e. The RECIPIENT /CONTRACTOR further agrees by signing this agreement, that it will
include this clause titled "CERTIFICATION REGARDING SUSPENSION,
DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in
all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
f. Pursuant to 2CFR180.330, the RECIPIENT /CONTRACTOR is responsible for ensuring
that any lower tier covered transaction complies with certification of suspension and
debarment requirements.
g. RECIPIENT /CONTRACTOR acknowledges that failing to disclose the information
required in the Code of Federal Regulations may result in the delay or negation of this
funding agreement, or pursuance of legal remedies, including suspension and
debarment.
h. RECIPIENT /CONTRACTOR agrees to keep proof in its agreement file, that it, and all
lower tier recipients or contractors, are not suspended or debarred, and will make this
proof available to the Department upon request. RECIPIENT /CONTRACTOR must run
a search in www.eols.gov and print a copy of completed searches to document proof of
compliance.
12. Restrictions on Lobbying: Each bidder /applicant/recipient / subrecipient of this agreement
is generally prohibited from using Federal funds for lobbying the Executive or Legislative
Branches of the Federal Government in connection with this award. This agreement is
subject to Section 319 of Public Law 101 -121, which added Section 1352, regarding lobbying
restrictions, to Chapter 13 of Title 31 of the United States Code. The new section is
explained in the common rule, 15 CFR Part 28 (55 FR 6736 -6748, 2/26/90).
13. Consistency: It is the responsibility of the RECIPIENT to ensure that all sub - RECIPIENTS
and contractors comply with the terms and conditions of the agreement and that the State
of Washington is named as an express third -party beneficiary of such subcontracts with full
rights as such.
14. Grant Closeout: All products for this project shall reflect an end date on or before June
30, 2016 and shall be submitted to the DEPARTMENT on or before July 20, 2016 or as
otherwise specified in the Scope of Work. Completed end -of- biennium estimate forms and
final payment requests must be submitted in accordance with notification provided by
Ecology's Fiscal Office.
15. All Writings Contained Herein. This agreement, the appended "General Terms and
Conditions ", and the DEPARTMENT'S current edition of "Administrative Requirements for
Page 21 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
Ecology Grants and Loans ", contains the entire understanding between the parties, and
there are no other understandings or representations except those set forth or incorporated
by reference herein. No subsequent modification(s) or amendment(s) of this agreement shall
be of any force or effect unless in writing, signed by authorized representatives of the
RECIPIENT and DEPARTMENT, and made a part of this agreement.
General Terms and Conditions are appended to this agreement. See Appendix 1.
In Witness Whereof, the parties hereby sign this grant agreement
Washington State
Department of Ecology
Gordon White
Program Manager
Shorelands and Environmental
Approved as to form by
The Assistant Attorney General
Date
City of Pasco
Gary Crutchfield
City Manager
City of Pasco
Date
(Note: Insert additional signature blocks(s)
and /or pages if more than one signature
block is required)
Page 22 of 22
AGENDA REPORT
FOR: City Council
TO: Gary Crutch ell Manager
FROM Robert W. Gear, Fire Chief
SUBJECT: PSA - Aircraft Rescue and Firefighting Program Review
I. REFERENCE(S):
1. Proposed Professional Services Agreement
July 24, 2013
Regular Mtg.: 7/29/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/29: MOTION: I move to approve the proposed Professional Services Agreement
with Safety & Security Instruction for review of the ARFF program
for the Tri- Cities Airport and, further, authorize the City Manager to
sign the agreement.
III. FISCAL IMPACT:
Maximum contract cost is $25,095; half to be borne by the Port of Pasco and the other
half by the City of Pasco ($12,547.50 each).
IV. HISTORY AND FACTS BRIEF:
A) The city has provided Aircraft Rescue and Firefighting services to the Tri- Cities
Airport since 1991 via Interlocal Agreement. The agreement was last updated in
2005, in conjunction with development of a new station at the Airport.
B) With concurrence of the Port of Pasco, the city recently developed and issued a
Request for Proposal (RFP) for the Aircraft Rescue and Firefighting Program,
seeking a qualified consultant to conduct an analysis of ARFF services for the
Tri- Cities airport and the cost allocations for those services.
C) The two proposals received were considered by Port and City staff using the
following criteria: qualifications of personnel; experience of working with similar
sized airports; and proposed costs. It is the mutual conclusion of staff that Safety
& Security Instruction be awarded a contract to perform the Aircraft Rescue and
Firefighting Program Review.
V. DISCUSSION:
A) The cost sharing model of the current interlocal agreement does not adequately
cover operational expenses of service delivery and does not address methodology
for administrative and/or unanticipated expenses. Recent changes to WAC 296-
305 (Safety Standards for Firefighters) requires additional expenses for training
and equipment beyond that identified in FAA Part 139.319. The current interlocal
agreement is also vague regarding operational and program expectations.
B) All of these considerations, coupled with the impending terminal expansion, cry
for a thorough review of the contract relationship, which should be done by an
independent, third party expert on the subject matter.
C) Port staff have collaborated with city staff to solicit qualified consultants and
select the preferred contractor. Staff requests Council's approval of the proposed
agreement with the understanding that the Port will pay half of the expense and be
directly involved in the conduct of the analysis.
10(c)
PROFESSIONAL SERVICES AGREEMENT
ARFF Program Review Project
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as "City", and Safety & Security Instruction and
W.A.M.D.I. Aviation, LLC, hereinafter referred to as "Consultant."
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including technical and professional
expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon
which the City is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
11 Scope of Services. The Consultant shall perform such services and accomplish such
tasks, including the furnishing of all labor, materials, facilities and equipment necessary
for full performance thereof, as identified and designated as Consultant's Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in Exhibit A, attached hereto and incorporated herein (the "Project ").
2. Term. This Project shall begin on August 1, 2013, and promptly be completed no later
than September 30, 2013, in accordance with the schedule attached hereto in Exhibit A.
3. Compensation and Payment.
3.1 Payment for services provided hereunder shall be made following the
performance of such services. 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 Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a prior written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performed under this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
Professional Services Agreement- 1
issued. Payment shall occur within thirty (30) days of receipt and approval of an
invoice.
3.4 The City shall pay the Consultant for such services as follows:
[ ] Hourly: (Single Rate) $ per hour plus actual expenses
incurred as provided under this Agreement, but not to exceed a total of
$ without prior written authorization by the City; or
[ ] Hourly: (Multiple Rate). Such rates as identified on Exhibit C, plus
actual expenses incurred as provided under this Agreement, but not to
exceed a total of $ without the prior written authorization
by the City; or
[ ] Fixed Sum:
[X] Other: per Proposal in Exhibit A, not to exceed $25,095.00;
for all work performed and expenses incurred under this Agreement.
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the Consultant's activities. The City
may, at its discretion, conduct an audit at its expense, using its own or outside
auditors, of the Consultant's activities which relate, directly or indirectly, to this
Agreement. Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request, the Consultant shall deliver to the City copies of these licenses,
registration documents, and permits or proof of their issuance or renewal.
4.4 Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Agreement, and shall maintain such accounting procedures and practices as may
Professional Services Agreement- 2
be necessary to assure proper accounting of all funds paid pursuant to this
Agreement. These records shall be subject, at all reasonable times, to inspection,
review, or audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material
relevant to this Agreement for three (3) years after its expiration. Consultant
agrees that the City, or its designee, shall have full access and right to examine
any of said materials at all reasonable times during this period.
5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and
documents made, collected, or prepared by the Consultant for performing the
services subject to this Agreement, as well as any final product, collectively
referred to as "work product ", shall be deemed as the exclusive property of the
City, including copyright as secured thereon. Consultant may not use them except
in connection with the performance of the services under this Agreement or with
the prior written consent of the City. Any prior copyrighted materials owned by
the Consultant and utilized in the performance of the services under this
Agreement, or embedded in with the materials, products and services provided
thereunder, shall remain the property of the Consultant subject to a license
granted to the City for their continued use of the products and services provided
under this Agreement. Any work product used by the Consultant in the
performance of these services which it deems as "confidential ", "proprietary", or a
"trade secret" shall be conspicuously designated as such.
5.2 hi the event of Consultant's default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed 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 Agreement. The summary of
services provided shall be prepared at no additional cost, if the Agreement is
terminated through default by the Consultant. If the Agreement is terminated
through convenience by the City, the City agrees to pay Consultant for the
preparation of the summary of services provided.
6. Public Records,
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56
RCW "Public Records Act." All preliminary drafts or notes prepared or gathered
by the Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or its prior public citation by the City in connection with
City action.
6.2 If the Consultant
becomes a
custodian of public records of
the City and request
for such records
is received
by the City, the Consultant
shall respond to the
Professional Services Agreement- 3
request by the City for such records within five (5) business days by either
providing the records, or by identifying in writing the additional time necessary
to provide the records with a description of the reasons why additional time is
needed. Such additional time shall not exceed twenty (20) working days unless
extraordinary good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten (10) business days prior written notice of the
pending release and to reasonably cooperate with any legal action which may be
initiated by the Consultant to enjoin or otherwise prevent such release.
Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant.
No agent, employee, officer or representative of the Consultant shall be deemed to
be an employee, agent, officer, or representative of the City for any purpose, and
the employees of the Consultant are not entitled to any of the benefits or
privileges the City provides for its employees. The Consultant will be solely and
entirely responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City's general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any
employee, agent or servant from employment on this Project who, in the City's
sole discretion, may be detrimental to the City's interest.
8. Indemnification.
Professional Services Agreement- 4
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, agents, employees, and volunteers from any and all claims and causes of
action, including, but not limited to, actions of law or administrative proceedings
for all injuries to persons or damages to property, and all losses, damages,
demands, suits, judgments, including attorney fees, arising out of, or as a result
of, or in connection with the work performed under this Agreement, and caused or
occasioned in whole or in part by reason of errors, negligent acts or omissions of
the Consultant or its subcontractors in the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City, its officers,
employees, agents, and volunteers.
8.2 Should a Court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injuries or damages to property caused by or resulting from the concurrent
negligence of the Consultant, and the City, its officers, employees, agents and
volunteers, the Consultant's liability and obligation to defend hereunder shall only
be the proportionate extent of the Consultant's negligence.
8.3 It is further agreed that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification.
8.4 No liability shall attach to the City by reason of entering into this Agreement
except as expressly provided herein.
8.5 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant's delayed or failed performance of Section 6 above.
8.6 This waiver has been mutually negotiated by the parties, and the provisions of this
section shall survive the expiration or termination of this Agreement.
91 Insurance. The Consultant shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, employees, or subcontractors.
9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types
described below:
9.1.1 Automobile Liability insurance covering all owned, non - owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
Professional Services Agreement- 5
9.1.2 Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an insured under the Consultant's
Commercial General Liability insurance policy with respect to the work
performed for the City.
9.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant's profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no
less than:
[ X ] $1,000,000 each occurrence;
[ ] $2,000,000 general aggregate; or
[ ] $ each occurrence; and $ general aggregate
9.2.3 Professional Liability insurance shall be written with limits no less than:
[ X ] $1,000,000 per claim;
[ ] $1,000,000 policy aggregate limit; or
[ ] $ per claim; and $ per policy aggregate limit.
9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional
Liability, and Commercial General Liability insurance:
9.3.1 The Consultant's insurance coverage shall be primary insurance as
respects the City. Any insurance, self - insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
9.3.2 The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
Professional Services Agreement- 6
9.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M.
Best raring of not less than A:VII.
9.5 Verification of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the Consultant before commencement of the work.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory,
mental or physical handicap; provided that the prohibition against discrimination in
employment because of handicap shall not apply if the particular disability prevents the
proper performance of the particular worker involved. The Consultant shall ensure that
applicants are employed, and that employees are treated during employment in the
performance of this Agreement without discrimination because of their race, creed, color,
national origin, sex, marital status, age or the presence of any sensory, mental or physical
handicap. Consultant shall take such action with respect to this Agreement as may be
required to ensure full compliance with local, State and Federal laws prohibiting
discrimination in employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
terminate this Agreement.
12. Assignment and Subcontracting.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. The Consultant shall not assign (or
subcontract other than as specifically identified in Exhibit A) its performance
under this Agreement or any portions of this Agreement without the prior written
consent of the City, which consent must be sought at least thirty (30) days prior to
the date of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local,
State and Federal statutes, ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement,
must have prior written approval by the City
Professional Services Agreement- 7
13.
14,
15,
Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) calendar days written
notice in the advance of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions
of this Agreement and fails to correct such noncompliance within five (5)
calendar days of written notice thereof, the City may terminate this Agreement for
cause. Termination shall be effected by serving a notice of termination on the
Consultant setting forth the manner in which the Consultant is in default. The
Consultant will only be paid for services for complying with the terms of this
Agreement.
General Provisions,
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators.
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City:
14.3.2 For the Consultant:
Dispute Resolution,
Pasco Fire Chief, or his designee
310 N. Oregon AVe
Pasco WA 99301
7320 N. La Cholla Blvd. #154 -192
Tucson, AZ 85741
Lorena @SSinstruction.com
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington, and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
15.2 In the event
of a
dispute regarding the
enforcement, breach, default, or
interpretation
of this
Agreement, the Project
Administrators, or their designees,
Professional Services Agreement- 8
shall first meet in a good faith effort to resolve such dispute. In the event the
dispute cannot be resolved by agreement of the parties, said dispute shall be
resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties
waiving the right of a jury trial upon trial de novo, with venue placed in Pasco,
Franklin County, Washington. The substantially prevailing party shall be entitled
to its reasonable attorney fees and costs as additional award and judgment against
the other.
16. Nonwaiver. 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
similar event or other provision of this Agreement.
17, Integration. This Agreement between the parties consist in its entirety of this document
and any exhibits, schedules or attachments verified by initials as a part of Exhibit A. Any
modification of this Agreement or change order affecting this Agreement shall be in
writing and signed by both parties.
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
CITY OF PASCO, WASHINGTON CONSULTANT
By:
525 North 3rd
Pasco WA 99301
(509)
E -Mail
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Professional Services Agreement- 9
By:
E -Mail
SSI. Inc. i W.R.M.C.L Response
Exhibit A
City of Pasco / Tri- Cities Airport
Request for Proposal (RFP) Response
Aircraft Rescue and Firefighting Program Review
July 19, 2013
SSi, Inc. (Safety & Security Instruction) and
W.A.M.D.I. Aviation, LLC
SSI, Inc. / W.A.M.D.I. Response
Table of Contents
Page -2-
A.
Executive Summary ................................................................................................... ...............................
.3.
B.
Documentation of Proposer Qualifications ................................................................. ...............................
S.
`. C.
Cost Proposal ............................................................................................................. ...............................
- 6-
Review and Recommendations Deliverable ........................................................................ ...............................
6-
ProjectPlan ......................................................................................................................... ..............................
- 6-
D.
Appendices .................................................................................................................. ..............................8
-
`°
1: Resumes ....... .......... .. ... . ................... ......... ............................... . .................................... ... ..............................
- 8-
2: Site V i s i t Review Items and Service Model Recommendations ....................................... .............................12
-
A. Site Visit Review ................................................................................................... ...............................
12-
B. Recommendations List........ ......................... a .... mmm.m .................... mm ........................ m.m .................... mm ......
12-
U
Competition Sensitive I PSC RFP
SSI, Inc./ W.A.M.D.I. Response Page - 3 -
A. Executive Summary
SSi, Inc. (Safety & Security Instruction) and W.A.M.D.I. Aviation LLC (Weapons Against Mass
Destruction International), are partnering together for a comprehensive professional review and
evaluation of the current ARFF program for the Tri- Cities Airport: Aircraft Rescue and Firefighting
Services, Wildland and Structural Firefighting, Emergency Medical Service (Advanced Life Support),
Technical Rescue, and Hazardous Material Response. The team will evaluate the program for
operational and financial effectiveness as well as the potential impact of the current and proposed
expansion project. It is anticipated that the proposal shall identify processes to provide aircraft refueling
inspections, training, and administrative support enhancements and needs.
SSi is a leading provider of aviation safety and security consulting services and a respected leader in
aviation computer based training (CBT) development and integration. W.A.M.D.I., LLC is a recognized
leader of ARFF training and ARFF program evaluation, with a primary focus on providing customized
w onsite training to primarily B and C index airports with greater cost effectiveness than off - airport training.
We have planned a coordinated effort to assist the Tri- Cities Airport and the City of Pasco (PSC -COP)
— with this response to the Request for Proposal for an Aircraft Rescue and Firefighting Program Review.
The designated SSi ARFF Team of aviation experts is comprised of Scott Simpson, Director of Safety
Programs for SSi, Roger Hamilton, President of W.A.M.D.I., LLC, and Dennis Leon, Principal Consultant
for W.A.M.D.I. The Tri- Cities Airport and the City of Pasco will be well served by the experienced ARFF
and aviation professionals, with decades -long experience in airport safety, and ARFF expertise.
~ For the purposes of this response, SSi, Inc. will be considered the Prime Contractor and W.A.M.D.I.
Aviation LLC will be the dedicated Sub - Contractor.
SSi, Inc. (Safety & Security Instruction) is an Arizona S- Corporation certified as a DBE and WoSB. SSI,
Inc. is an Airport Council International (ACI -NA) World Business Partner (WBP) company and is involved
in many state, national and international aviation organizations sharing best practices. SSi has a
business license from the State of Washington through the Washington Department of Revenue, and the
online Vendor Registration and Bid Notification. We have submitted our request for a business license
from the City of Pasco, WA for this proposal. SSi also meets all insurance requirements based on the
information provided in the Professional Services Agreement.
Lorena de Rodriguez, President of SSi, will be the Contracting Manager for the project. The Project
Manager for this review will be Scott Simpson from SSi. Roger Hamilton and Dennis Leon will be the
— ARFF Program Subject Matter Experts. SSi and W.A.M.D.I. may add additional personnel to assist in
any of the phases, and they will be employees of SSi and /or W.A.M.D.I., with no additional sub-
contractors needed. The resumes for all personnel are located in the Appendices.
Competition Sensitive I PSC RFP
SSI, Inc./ W.A.M.D.I. Response
Contact Information for the consultants is:
Lorena De Rodriguez, President
Safety & Security Instruction (SSi, Inc.)
Lorena@SSinstruction.com
7320 N. La Cholla Blvd. #154 -192
Tucson, AZ 85741
Office: (480) 699 -3743 x1
Cell # (602) 980 -7341
References:
Roger Hamilton, President
W.A.M.D.I. Aviation, LLC
rh am45_2000@yahoo.com
3392 Heathermoor Blvd
Covington, Kentucky 41015
Office: (859) 363 -7649
Cell: (859) 653 -3340
Key West International and Florida Keys- Marathon Airport
Complete rewrite of the Airport Emergency Plan for both airports
Contact — Peter Horton, Airport Manager 305 - 296 -7223
Horton-peter@monroecounty-fl.gov
Work performed as AviaEd, which has since been merged with SSi, Inc.
Incheon Korea International Airport Corp.
Review of the ARFF program for the Airport
Contact — Mr. Chang Gyu Park 82 -32- 890 -5015
General Manager/ Education and Training
2172 -1 Woonseo Dong, Chung -Ku
Incheon 400 -240 Korea
Roger and Dennis performed the work in Incheon
Competition Sensitive I PSC RFP
Page - 4 -
i.
SSI, Inc./ W.A.M.D.I. Response Page - 5 -
B. Documentation of Proposer Qualifications
The SSi / W.A.M.D.I. Team will provide the PSC -COP with a comprehensive review of the current ARFF
program and available resources before delivering recommendations for a service model that represents
the best practices for an updated ARFF Program. It is anticipated associated other programs for the
Airport and the City may be part of the review and resulting recommendations. Roger will be the primary
lead for the ARFF information. Scott will provide project management and communications expertise for
developing training programs and reorganization to support the review findings. The SSi Team may draw
upon its staff of 4 full -time, 2 part-time, and 7 on -call consultants that assist us in our operations. While
W.A.M.D.I. has a staff of 2 full -time persons, and draws contractor assistance as needed from a large
group of professional peers to support its workload.
The W.A.M.D.I. sub - consultants are experienced ARFF professionals who have served at large
international airports around the United States. The two primary team leaders of Roger Hamilton and
Dennis Leon have over 80 years of ARFF experience between them. Both have lead training divisions
for multi- faceted operations. Dennis and Roger have taught various internally developed ARFF
Programs, nationally and internationally, to every index rating -type of airport. Roger served as Assistant
Chief and Training Officer at Cincinnati / Northern Kentucky International Airport, which serves over 22
million passengers annually. He has instructed for the American Association of Airport Executives
_ (AAAE), and both sat on the review board for their ARFF Certification Program for Firefighters. Dennis
and Roger are Certified Master Firefighters (CMF), which is the highest ranking one can obtain under
that certification program. Dennis served as the Battalion Chief of Training at Dallas / Fort Worth
International Airport, ranked the fourth busiest airport in the United States. Dennis served as the
principal ARFF training coordinator for AAAE for 9 years.
SSi aviation consultants, subject matter expert facilitators, instructional design professionals, and
interactive technology developers have delivered aviation programs since 1997. Our professional
aviation -based team solicits feedback from airport management professionals to consult and design
programs from classroom to web -based modules and recordkeeping systems to meet the unique needs
of the transportation industry. SSi worked with Dennis Leon before on a project to develop an eight -
course ARFF training program presently in use at BLI and PHX airports.
Our SSi ARFF has a 4 -step plan for the management of this project; Compile, Review, Recommend, and
_ Deliver. We will coordinate throughout each plan with the PSC -COP via a SharePoint portal that will
allow for the secure and confidential exchange of documents, timelines, and necessary information
during this project. This portal will be set up as a first work deliverable upon execution of a contract. We
believe that this review and evaluation process can begin in late August and have planned for sufficient
efforts by all participants for it to be finalized by the RFP completion date of September 30, 2013.
Competition Sensitive I PSC RFP
sSi, Inc I VV A.M.D.l. Response Page - 6 -
C, Cost Proposal
Review and Recommendations Deliverable
The SSi ARFF Team have a proposed cost for a Fixed Sum total of $25,095.00 to complete the review
and evaluation of the ARFF program and all its components. This fixed cost includes all labor, travel,
and miscellaneous deliverable works fees for the overall project. We request that the sum be paid out in
two payments: one half paid upon completion of the initial site visit and review, and the second upon
delivery of the written Review and Recommendations document at the conclusion of this project. There
is an additional $2500.00 built into the fee as a contingency. The purpose of which is for a formal
communication or response prepared for FAA or local authorities if necessary, based on PSC -COP
feedback to the evaluation. This portion of the total fixed sum is not billable unless the additional
communication is required.
Upon completion of the Review and Recommendations, the SSi ARFF Team will provide the PSC -COP
its proposal and costs for continuing. It is our goal to assist with the completion and implementation of
any recommendations presented.
Phase 1
Phase 2
1 Phase 3
1 Phase 4
Project Total
Document Review
Site Visit
Recommendations
Presentation
$ 71540
1 $ 7,200
1 $ 3,025
1 $ 7,330
$ 25,095
Project Plan
The SSi ARFF Team expects this project to be completed in 4 Phases. Our initial effort will be to
coordinate with PSC -COP to obtain all available documents and information necessary. If selected, we
would like to have all material, which is available in an electronic format, placed into the SharePoint
portal within the first week after contracting.
Phase 2 will be an onsite visit over a 3 -4 day period to see the facilities and work with PSC -COP to
perform a Gap Analysis to determine the position of the Pasco Fire Department is in relation to ARFF
training and evaluate possible needs and resources. A 2 -3 person team will perform the airport site visit
to evaluate the current efficacy of in -place operations. It is anticipated the analysis will include
equipment, staffing, training and the overall organizational structure of the Pasco Fire Department ARFF
Division. A listing of items to review during the visit, and potential service model recommendations is
included in the Appendices. At a minimum, the following will be required for the site visit:
• Copies of all relevant paperwork (e.g. SOPs, training records, staffing charts, last FAA review)
• Airport map with proposed expansions
• Access to all pertinent personnel, to include ARFF commander(s) at PSC -COP and Airport
operations manager(s)
• Guided tour of airport facilities and ARFF station
Competition Sensitive f�PSC RFP
SSI, Inc./ W.R.M.D.I. Response Page - 7 -
During the third phase, the SSi ARFF Team will evaluate the information gathered from the site visits and
draft the recommendations necessary to achieve the goals and objectives of the PSC -COP Fire
Department. It is anticipated the recommendations will address city, state and federal requirements
affecting airport firefighting to maximize current efficiency and effectiveness with available resources and
with advisories for mitigating any deficiencies. The SSi ARFF Team recommendations will include
consideration for the upcoming planned airport expansion.
Finally, the SSi
ARFF Team will plan
on another onsite visit
with PSC -COP to
present the findings of the
evaluation and
the recommendations
for the ARFF program
moving forward.
Below is a projected timeline:
Pasco Tri Cities Airport
Activity Atter Week
Notice to Proceed
1 2 3
Phase 1
Sample Project Timeline
Week Week Week Weeks Week
4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5
COmptle - Obtain documemalmateriais Won City and
PSC
Phase 2
Review - Travel to PSC for site Inspection and review
Phase 3
ReCOOIOIend - Develop program recommendations
TTTT
Phase 4
Deliver - Return to PSC for Presenmfion
Competition Sensitive I PSC RFP
SSI. Inc. / W.A.P0.D.I. Response
D, Appendices
1: Resumes
R. Scott Simpson
Director Safety Programs
Education:
Concordia University
Embry Riddle Aeronautical
University
Southern California Safety
Institute
Fort Lewis College
Certification:
Aviation Safety Program
Management
Aviation Safety Management
Human Factors in Aviation
Accident Investigation
Advanced Accident
Investigation
Ramp & Maintenance Safety
Management
Positions Held:
Director of Safety Programs,
SSi
Manager Airport Services,
Ground Operations, and Safety,
America West Airlines / US
Airways
Competition Sensitive PSC RFP
Page - 8 -
SUMMARY
Aviation professional with twenty -plus years of experience in aviation safety, airline
operations, training, program development, project management, process design,
and staff management and development. Demonstrated process improvements
through detailed investigations and safety risk management. Efficient in problem
solving, conflict resolution, and presentations to all levels-.
General Skills & Experience:
• Strong aviation safety and airline management background
• Knowledge of system safety, safety program management, emergency
response, accident /incident investigation and hazard and risk management
• Successful program /project management skills
• Excellent language and communication skills
• Creative and effective teaching and presentation skills
• Outstanding customer service and conflict resolution skills
• PC skills in Excel, Access, Word, Power Point, and Outlook
Teterboro Airport, Coordinated with The Louis Berger Group in the design of
the Teterboro Safety Management Manual as part of the second FAA SMS Pilot
Program.
Marathon and Key West Airports, Developed the new AEP manuals for both
airports to comply with the FAA AC 150/5200 -31C.
Airports Council International, Global Training Hubs
Instructor for ACI teaching SMS Introduction and Implementation, Airside Safety
and Operations, Emergency Response and Crisis Management, Accident /Incident
Investigation; Runway Incursion Awareness, and Introduction to Annex 14 in the
UAE, South Africa, Trinidad / Tobago, and the United States. Developed course
outlines, curriculum, and student documents.
SSI, Inc. / W A.M.D.I. Response
Roger Hamilton, C.M.F.
President W.A.M.D.I.
Education:
Page - 9 -
SUMMARY
University of Cincinnati, Bachelor
of Science in Fire and Industrial
Over thirty five years of experience, education and training in Disaster Planning,
Safety Technology
Airport Fire Protection &.Airport Operations, Training & Hazardous Material
Northern Kentucky University,
General Skills & Experience:
Associate Degree in Fire Science
Techno logy
• President W.A.M.D.I.
Currently serve as president of Corporation formed in 2005. Duties include all
Training:
aspects of corporate management. Responsible for finance, hiring, budgeting,
Over 10,000 documented hours
marketing, and procurement of all contracts. Oversee training with Airports to
- training
make sure training is being delivered in a professional and timely manner
according to contract. Deliver hazardous material training, aircraft training and
Certified Master Firefighter
Safety Management Training for Airports both nationally and internationally.
• Assistant Fire Chief:
Certified Fire Training Instructor
Responsible for Disaster Management at Cincinnati Northern Kentucky Intl.
Instructor in Basic Terrorism
Airport. Act in Capacity of Incident command during all aircraft emergencies
Certified in N.I.M.S. Incident
and disasters that may happen at airport in absence of fire chief. Responsible
Command Systems
for assisting with hiring, training firefighters, mutual aid departments, and
1000200;30014001700o &800
various airlines on airfield familiarization. Supervised and managed 68 fire
department personnel. Responsible for procuring uniforms, equipment, and
Certified in Hazardous material
overseeing the training committee. Oversee various committees in the
at Ops level
specification writing of A.R.F.F. Vehicles and their purchase. Member of
Airport Disaster Committee, and the Tri -State Disaster Committee. Assist in the
Positions Held:
development of Annual and Tri - annual Disaster drills at the Cincinnati Northern
- President
Kentucky International Airport.. Was responsible for co- authoring budget
W.A.M.D.I.
process for ARFF and was responsible for budget process for training.
Kentucky Emergency
Designed and maintained multi - million dollar training facility and scheduled
Management Instructor
training for local and departments from around the United States
Regional EMA
Also sat on committee as co -chair to design, construct, and follow construction
Assistant Fire Chief, Fire
of 2nd ARFF Station at Cincinnati Northern Ky. Intl. Airport. Responsible for
Inspector,
monitoring Hazardous materials on Airport for KCAB and the cleanup and
Fire Lieutenant,
removal of all waste. Responsibility also included disaster planning and
Firefighter /E.M.T,
continuity planning in case of large aircraft incident, or other natural disaster at
- Cincinnati /Northern Kentucky
airport.
Int'I Airport
Conducted training for Kentucky Police Chiefs on Incident Command Training
through University of Eastern Kentucky.
Competition Sensitive I PSC RFP
SS!. Inc.; W.A.M.D.I. Response
Dennis Leon Jr.
Principal Consultant
Education:
page - 10 -
SUMMARY
North Texas State University,
Over forty years in Fire Service, thirty -six in Aircraft Fire
Bachelor's Degree in Business
Fighting Rescue at DFW International Airport. Currently serving
Administration
as principal consultant and instructor, drawing upon experience
Tarrant County College,
in all Public Safety disciplines; having served in management
Associate's Degree in Fire
and instructor capacities.
Protection Technology
National Fire Academy,
Graduate: Executive Fire Officer
General Skills & Experience:
Program
• Management Experience
1987 - 1994 Served as Division Commander (Assistant Chief) for Aircraft Fire
Certifications:
Rescue Division (93 personnel) and Career Development (8 personnel)
Master Firefighter (Texas)
Divisions. Responsible for managing divisional budgets of $1.8 million and
$800,000 respectively. Responsible for fire response operations and planning.
Master ARFF Firefighter (Texas)
As Career Development Manager responsible for supervising staff in meeting
Advanced Law Enforcement
State training requirements in areas of Law Enforcement, Fire Protection, and
Certificate (Texas)
Emergency Medical Services.
• Committee member for Texas Commission on Fire Protection - 2008 revision
Master Fire Instructor's
of State Aircraft Fire Rescue Certification Training Curriculum. Successful
certificate (Texas) - Certified
program /project management skills
instructor - all Structural and
. Consultant /Instructor - Aerospace Services International Inc. 2009 to present.
ARFF firefighting curriculum.
® Consultant for curriculum review - AviaEd & SSI — 2010
Positions Held:
Instructor
Texas A &M University - Adjunct Instructor
Principal consultant and
Louisiana State University- Adjunct Instructor
instructor for airport related
Norfolk, VA. CFR School - Guest Instructor, 1992
training
Idaho State Fire School - Guest Instructor, 1991,1993
WAMDI Aviation Consultants
Piedmont Fire Seminar, North Carolina - Guest Instructor, 1987, 1988
Technical Educators in Aircraft and Chemical Hazards - Adjunct Instructor
Fire Training Coordinator -
American Association of Airport Executives - ARFF Program
Battalion Chief of Public safety,
Coordinator /Instructor. 1991 to 2008
Dallas /Fort Worth International
Grand Bahamas International Airport - Incident Command & Hazardous
Airport
Materials — 2000
Luis Munoz Marin International Airport, San Juan, Puerto Rico — ARFF
Instructor Train the Trainer — 2003
Fresno Yosemite Int'I Airport ,CA Basic ARFF School 2008
Johan Adolf Pengel Int'I Airport, Suriname - Dangerous Goods /ARFF Training
2009/2010/2011
Competition Sensitive I, PSC RFP
SSI. Inc /W—.A—M.D.I. Response
Lorena de Rodriguez
President / Airport Security Facilitator
Education:
Concordia University;
Certificate of Completion
Airport Executive Leadership
Program
Embry - Riddle Aeronautical
University; Master of
Aeronautical Science in
Aviation Management
Missouri State University;
Bachelor of Arts Business
Communications and
Journalism
Memberships:
Airports Council
International North America
— WBP Board
Arizona Airports Association
Airports Consultants Council
APS AAAME small business
mentoring program
_.. International Association for
Women in Aviation
SCORE — SBA- funded
business mentoring
Positions Held:
President / Founder
AviaEd / SSi
Competition Sensitive I PSC RFP
Page - , t -
JUMMARY
Aviation professional focusing on safety and security procedures conveys the premise that
compliance with rules and customer service aren't mutually exclusive processes.
Seeks to teach, motivate and encourage new - entrant, aviation employees. As a guest
instructor, has facilitated training to Airports Council International Global Training program,
conducting classes in Korea, Panama, Dubai, and Switzerland.
Participates in working groups with AzAA, a project review panel for RTCA and the TRB's
Airport Cooperative Research panel, and an FAA task force on training standards. Has
participated in and evaluated several FAA emergency response drills and exercises in Arizona.
In 1997, founded AviaEd: Adaptive Training Services LLC, to focus on creating participatory
workshops and programs for aviation companies and airports.
In 2004, co- founded SSI, Inc. (Safety and Security Instruction) to create engaging and
interactive regulatory, computer -based training programs. SSI, Inc. is a web -based elearning
multimedia company focused on providing training for airport security and safety, TSA, FAA,
OSHA and DOT required courses. The consultancy services of SSI include airport security
manual writing and training to include safety program creation and airport certification
manual writing.
General Skills & Experience:
• Strong aviation security and operations background
• Knowledge of system security, security program management, airport training
management
• Successful program /project management skills
• Excellent language and communication skills
• Creative and effective teaching and presentation skills
Airports Council International, Global Training Hubs
Instructor for ACI teaching ICAO Anexo 14 and Anexo 17 in Panama and Introduction to Annex
14 in the UAE and the United States. Developed course outlines, curriculum, and student
documents.
ssl, Inc. / W.A.M.D.I. Response
2: Site Visit Review Items and Service Model Recommendations
A. Site Visit Review
Current Agreements:
• Contract under which city currently operates with airport
• Mutual aid agreements
• Union contracts (if any)
• Annual live fire training contracts, if conducted off airport
• Security /police coverage
On and Off Airport Facilities
• Medical
• Fire
• Police
Haz Mat
Airport Manuals and Emergency Plans
• Incident command structure
• Chain of command from city to airport
ARFF Equipment
• Current and anticipated
• Apparatus
• Agent reserve
• Reservicing capability
• Forcible entry equipment
• Breathing apparatus and Reservicing capability
Training Programs
• In house
• Off airport
• Contracted on airport
• Current level of training
• Number of personnel ARFF certified
Documentation on:
Page - 12 -
i
• Staff allocation
• Airport coverage with provisions for leave /sick time
• Other agreements
• Costs for — Admin, record keeping, facilities, personnel, training, certifications t_
• Determination if additional personnel required for these functions.
• Cost structure for current allocated assets in these functions
B. Recommendations List
Competition Sensitive PSC RFP
SSI, Inc. / W.A.M.D.I. Response Page - 13 -
Service Model Changes
• Staffing
• Apparatus and equipment
• Training
t Equitable Division of Financial Costs (City /Port)
• Consideration of Grant funding
• FAA AIP fund availability
• City /Port Costs Structure
System Improvements
• Provide comprehensive list of recommendations (where needed) to permit Pasco FD and Tri
Cities Airport to provide the most effective and efficient protection for its travelling customers
Requirements needed with possible Airport Expansion
• Factor in considerations if the Airport has an index upgrade with customization designed
specifically for the Pasco FD
Competition Sensitive I PSC RFP