HomeMy WebLinkAbout2014.02.03 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. February 3, 2014
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by
the City Council and will be enacted by roll call vote as one motion (in the form listed below).
There will be no separate discussion of these items. If further discussion is desired by
Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular
Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated January 21, 2014.
(b) Bills and Communications: (A detailed listing of claims is available for review in the
Finance Manager's office.)
1. To approve claims in the total amount of $4,012,885.94.
(c) Appointment to Benton - Franklin Community Action Connections Board:
1. Agenda Report from Gary Crutchfield, City Manager dated January 30, 2014.
To concur in the Mayor's appointment of Alecia Greenaway to the Benton - Franklin
Community Action Connections Board, tern to expire January 2016.
*(d) Resolution No. 3531, a Resolution fixing the time and date for a public hearing to consider
vacating a portion of Whipple Drive.
1. Agenda Report from Dave McDonald, City Planner dated January 21, 2014.
2. Overview Map.
3. Vicinity Map.
4. Proposed Resolution.
5. Vacation Petition.
To approve Resolution No. 3531, setting 7:00 p.m., Monday, March 3, 2014 as the time
and date to conduct a public hearing to consider vacating a portion of Whipple Drive.
*(e) Resolution No. 3532, a Resolution fixing the time and date for a public hearing to consider
vacating a portion of Myrtle Avenue.
1. Agenda Report from Dave McDonald, City Planner dated January 28, 2014.
2. Overview Map.
3. Vicinity Map.
4. Proposed Resolution.
5. Vacation Petition.
To approve Resolution No. 3532, setting 7:00 p.m., Monday, March 3, 2014 as the time
and date to conduct a public hearing to consider vacating a portion of Myrtle Avenue.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(c)
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(e)
Regular Meeting 2 February 3, 2014
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:
*(a) Ordinance No. , an Ordinance of the City of Pasco, amending Pasco Municipal
Code Section 3.07.190 regarding stormwater rates.
1. Agenda Report from Dunyele Mason, Finance Manager dated January 28, 2014.
2. Proposed Ordinance.
MOTION: I move to adopt Ordinance No. correcting certain stormwater utility
rates effective February 1 and, further, authorize publication by summary only.
*Q(b) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending the
zoning classification of property located at the northwest corner of California Avenue and
Columbia Street from C -1 (Retail Business) to C -3 (General Business).
1. Agenda Report from Shane O'Neill, Planner I dated January 28, 2014.
2. Vicinity Map.
3. Proposed Ordinance.
4. Report to the Planning Commission.
5. Planning Commission minutes dated 12/19/13 and 1/16/14.
MOTION: I move to adopt Ordinance No. , rezoning the property located at the
northwest corner of California Avenue and Columbia Street from C -1 to C -3 and, further,
authorize publication by summary only.
Q(c) Ordinance No. , an Ordinance relating to zoning and amending PMC Title 25
dealing with the height and area of detached shops and garages in R -S -1, R -1, R -2, R -3 and
R4 Districts.
1. Agenda Report from Shane O'Neill, Planner I dated January 30, 2014.
2. Proposed Ordinance.
MOTION: I move to adopt Ordinance No. amending PMC Title 25 dealing with
detached shop and garage size and, further, authorize publication by summary only.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
(a) Water System Extension Agreement (Commercial - Kahlotus Service Area):
1. Agenda Report from Mike Pawlak, City Engineer dated January 22, 2014.
2. Vicinity Map.
3. Proposed Agreement.
MOTION: I move to approve the water system extension agreement with Oregon Potato
Company and, further, authorize the City Manager to sign the agreement.
(b) Water System Extension Agreement (Canter Club Estates, Road 64):
1. Agenda Report from Mike Pawlak, City Engineer dated January 22, 2014.
2. Vicinity Map.
3. Proposed Agreement.
MOTION: I move to approve the water system extension agreement with J&J Kelly
Construction, Inc., and, further, authorize the City Manager to sign the agreement.
*(c) Road 68 Improvements, Phase 2 and Interconnect Road 68 Signals Project #C2- 11 -16-
STR and C5- ST4A- 13 -01:
1. Agenda Report from Mike Pawlak, City Engineer dated January 28, 2014.
2. Vicinity Map.
3. Bid Summary.
(RC) MOTION: I move to award the low bid for the Road 68 Improvements, Phase 2 and
Interconnect Road 68 Signals Project to Sierra Electric, Inc., in the amount of
$1,201,687.00, including Bid Alternatives 1 and 2 and, further, authorize the Mayor to sign
the contract documents.
Regular Meeting 3 February 3, 2014
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
1. 1:30 p.m., Monday, February 3, KGH — Emergency Medical Services Board Meeting.
(COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.)
2. 12:00 p.m., Wednesday, February 5, 2601 N. Capitol Avenue — Franklin County Mosquito Control
District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.)
3. 5:30 p.m., Thursday, February 6, P &R Classroom — Parks & Recreation Advisory Board Meeting.
(COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.)
REGULAR MEETING
CALL TO ORDER:
MINUTES
PASCO CITY COUNCIL JANUARY 21, 2014
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom
Larsen, Saul Martinez, Matt Watkins and Al Yenney.
Staff present: 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, Mike Pawlak, City Engineer and Dunyele
Mason, Financial Services Manager.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated January 6, 2014.
(b) Bills and Communications:
To approve Claims in the amount of $4,830,814.40 ($2,441,530.39 in Check Nos.
196300 - 196552; $32,940.96 in Electronic Transfer Nos. 286, 346; $116,045.61 in Check
Nos. 46365- 46436, 80349 - 80358, 900000002, 900000004 -5, 900000008 -9;
$1,945,794.05 in Electronic Transfer Nos. 30064063 - 30065449; $188,880.16 in
Electronic Transfer Nos. 13 -20; $105,703.23 in Electronic Transfer Nos. 9 -12).
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 $278,411.50 and, of that amount, authorize
$213,005.91 be turned over for collection.
(c) Easement Agreement with Department of Natural Resources (Road 68) (MF
#ESMT 2014 -001):
To approve the Agreement with the Department of Natural Resources for a public
roadway easement for Chapel Hill Boulevard east of Road 68 and, further, authorize the
City Manager to sign the Agreement.
(d) State Administration of Tourism Promotion Area Charges:
To approve the Agreement with the Department of Revenue for administration of the
Tourism Promotion Lodging charge imposed by the City.
MOTION: Mr. Garrison moved to approve the Consent Agenda as read. Ms. Francik
seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND /OR OFFICERS:
Mr. Garrison reported the TRIDEC Board of Directors and Hanford Community
Governing Board met with contingents from the Ministry of Economic, Trade and
Industry from Japan.
Mr. Yenney attended the Benton Franklin Council of Governments Board meeting.
3(a).1
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REGULAR MEETING PASCO CITY COUNCIL JANUARY 21, 2014
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Ordinance No. 4139, an Ordinance of the City of Pasco, amending Pasco Municipal
Code Sections 3.07.010 (Ambulance), 3.07.160 (Water User Fees) and 3.07.190
(Stormwater) regarding utility rates.
Council and staff discussed the details of the proposed ordinance.
Mr. John Talbot, 6712 W. Octave St., inquired about what percentage of
ambulance costs are salaries.
Mr. Jim Forman, 4220 W. Sylvester St., inquired about the dollar amount the
increase will generate.
MOTION: Mr. Garrison moved to adopt Ordinance No. 4139, adjusting the water,
stormwater and ambulance utility rates effective February 1, 2014 and adjusting the water
utility rate effective January 1, 2015 and, further, authorize publication by summary only.
Ms. Francik seconded. Motion carried by the following Roll Call vote: Yes — Watkins,
Yenney, Francik, Garrison, Martinez. No — Hoffmann, Larsen.
Ordinance No. 4140, an Ordinance relating to Local Improvement District No. 148
fixing the amount, form, date, interest rate and maturity of the Local Improvement
District No. 148 installment note; providing for the purchase of such note by the city
from funds on deposit in the Boulevard Maintenance Fund and fixing the interest
rate on Local Improvement District No. 148 assessment installments.
Council and staff discussed the details of the proposed ordinance.
MOTION: Mr. Garrison moved to adopt Ordinance No. 4140, relating to Local
Improvement District No. 148 fixing the amount, form, date, interest rate and maturity of
the Local Improvement District No. 148 installment note; providing for the purchase of
such notes by the city from funds on deposit in the Boulevard Maintenance Fund and
fixing the interest rate on Local Improvement District No. 148 assessment installments
and, further, authorize publication by summary only. Ms. Francik seconded. Motion
carried unanimously.
Ordinance No. 4141, an Ordinance concerning wages for temporary non-
management, non - represented personnel.
Council and staff discussed the details of the proposed ordinance.
MOTION: Mr. Garrison moved to adopt Ordinance No. 4141, revising the Temporary
Employee Wage Plan for calendar year 2014 and, further, authorize publication by
summary only. Ms. Francik seconded. Motion carried 6 -1. No - Larsen.
Resolution No. 3528, a Resolution approving Amendment No. 2 to the HOME
Cooperative Agreement for Tri- Cities HOME Consortium of Kennewick, Pasco and
Richland under the National Affordable Housing Act.
Mr. John Talbot, 6712 W. Octave St., asked about the financial impact of the
proposed amendment.
MOTION: Mr. Garrison moved to approve Resolution No. 3528, approving Amendment
No. 2 to the HOME Cooperative Agreement between the cities of Pasco, Kennewick and
Richland for Program Years 2011 -2013. Mr. Martinez seconded. Motion carried
unanimously.
Resolution No. 3529, a Resolution confirming Mayoral appointments of
Councilmembers to various Boards and Committees.
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JANUARY 21, 2014
MOTION: Mr. Garrison moved to approve Resolution No. 3529 confirming Mayoral
appointments of Councilmembers to various Boards and Committees. Ms. Francik
seconded. Motion carried 6 -1. No - Larsen.
Resolution No. 3530, a Resolution authorizing an interfund loan to the Economic
Development Fund.
Council and staff discussed the details of the proposed resolution.
MOTION: Mr. Garrison moved to approve Resolution No. 3530, authorizing an
interfund loan to the Economic Development Fund. Ms. Francik seconded. Motion
carried unanimously.
NEW BUSINESS:
Funding Proposal for the DPDA Strategic Plan:
Council and staff discussed the details of the proposed agreement.
MOTION: Mr. Garrison moved to approve the funding agreement with the DPDA for
the strategic planning process, including website and brand development and, further,
authorize the City Manager to sign the Agreement. Ms. Francik seconded. Motion
carried unanimously.
Oregon Avenue Corridor PSA Amendment No. 1:
Council and staff discussed the details of the propose amendment.
MOTION: Mr. Garrison moved to approve Amendment No. 1 to Professional Services
Agreement with CH2MHi11, continuing professional services with respect to the Oregon
Avenue Corridor, in the amount of $25,829 and, further, authorize the Mayor to sign the
agreement. Ms. Francik seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Council concurred to perform a full depth overlay on the Lewis St. underpass to avoid
adding weight restrictions.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 8:06 p.m. for approximately 15 minutes to
review the performance of a city employee.
Mayor Watkins returned to the Council Chambers at 8:21 p.m. and noted Executive
Session will continue for an additional 15 minutes.
Mayor Watkins called the meeting back to order at 8:34 p.m.
MOTION: Mr. Garrison moved to approve a 2013 merit award for Mr. Crutchfield in the
amount of $8,000, in recognition of his fulfillment or substantial progress on Council
Goals and related assignments. Ms. Francik seconded. Motion carried by the following
Roll Call vote: Yes — Martinez, Watkins, Francik, Garrison, Hoffmann. No — Yenney,
Larsen.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:39 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 3rd day of February, 2014.
CITY OF PASCO
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
Council Meeting of: February 3, 2014
, certify under penalty of perjury that the materials have been furnished, the
lerformed as described herein and that the claim is a just, due and unpaid
and that we are authorized to authenticate and certify lga id claim.
L
z
Durvy le son, 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
3 day of February, 2014 that the merchandise or services hereinafter specked have been received and are approved for payment:
Claims Bank Payroll Bank Gen'I Bank Electronic Bank
Combined
Check Numbers 196553- 196740 46437 -46460
900000011- 900000012
Total Check Amount $1,672,526.82 $25,404.77
Total Checks $
1,697,931.59
Electronic Transfer Numbers 204 - 234,240 -285, 30065450- 30065907 21 -23 13 -15
287 - 374,376-452
527 -528
Total EFT Amount $1,330,036.16 $541,998.03 $235,152.74 $207,767.42
Total EFTS $
2,314,954.35
Grand Total $
4,012,885.94
Councilmember Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
431,035.19
STREET
66,266.39
ARTERIAL STREET
290.58
STREET OVERLAY
10,081.50
C. D. BLOCK GRANT
993.34
HOME CONSORTIUM GRANT
88.71
NSP GRANT
13,275.64
KING COMMUNITY CENTER
2,51794
AMBULANCE SERVICE
22,084.71
CEMETERY
1,535.38
ATHLETIC PROGRAMS
10,504.96
GOLF COURSE
38,226.71
SENIOR CENTER OPERATING
4,439.88
MULTI MODAL FACILITY
3,104.74
RIVERSHORE TRAIL & MARINA MAIN
229.43
SPECIAL ASSESSMNT LODGING
0.00
LITTER CONTROL
600.08
REVOLVING ABATEMENT
19.50
TRAC DEVELOPMENT & OPERATING
0,00
PARKS
0.00
STADIUMICONVENTION CENTER
57.98
GENERAL CAP PROJ CONSTRUCTION
533,764.39
WATER/SEWER
1,155,228.09
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
24,074.01
EQUIPMENT RENTAL - OPERATING BUSINESS
9,666.34
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
233,924.40
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
39,510.77
MEDICALIDENTAL INSURANCE
207,230.33
FLEX
1,146.92
PAYROLL CLEARING
1,202,988.03
GRAND TOTAL ALL FUNDS:
$
4,012,885.94
3(b).1
AGENDA REPORT
TO: City Council January 30, 2014
FROM: Gary Crutchfie Manager Regular Mtg.: 02/03/14
SUBJECT: Appointment to' Benton- Franklin Community Action Connections Board
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
2/3: MOTION: I move to concur in the Mayor's appointment of Alecia Greenaway
to the Benton - Franklin Community Action Connections Board, term
to expire January 2016.
HI. FISCAL IMPACT:
(none)
IV. HISTORY AND FACTS BRIEF:
A) Benton Franklin Community Action Connections ( BFCAC) is a private non -profit
corporation established to assist low- income families /individuals to identify
options and alternatives for self - sufficiency and independence by improving their
chances for filling their employment, housing and childcare needs.
B) BFCAC provides services under approximately 42 different contracts and
networks with community partners to provide a wide- variety of services in Benton
and Franklin Counties.
C) BFCAC uses federal and state funding to provide a range of services and
activities, which are intended to have a measurable and potentially major impact
on reducing the causes of poverty.
V. DISCUSSION:
A) During the process of assigning Council to various boards and commissions, it
was determined that it was not a requirement for a Councilmember to sit on the
BFCAC. Thus, Mayor Watkins asked that a member of the Planning Commission
be asked to represent the city, and Alecia Greenaway accepted the request. Mayor
Watkins proposes to appoint Ms. Greenaway to the BFCAC and seeks council
concurrence.
3(c)
AGENDA REPORT
FOR: City Council January 21, 2014
TO: Gary Crutchfie ager Regular Mtg.: 2/3/14
Rick White,
Community & conomic Development Director
FROM: David I. McDonald, City Planner
SUBJECT: STREET VACATION (MF# VAC 2013 -008) A Portion of Whipple Drive
(Gonzales)
I. REFERENCE(S):
1. Overview Map
2. Vicinity Map
3. Proposed Resolution
4. Vacation Petition
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
2/3: MOTION: I move to approve Resolution No. 3551 , setting 7:00
P.M., Monday, March 3, 2014, as the time and date to conduct
a public hearing to consider vacating a portion of Whipple
Drive.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The owners of property abutting the undeveloped portion of Whipple Drive have
submitted a petition for vacation of said right -of -way.
B. The petition requires the City Council to fix a public hearing to consider the
vacation request. The earliest regular City Council meeting available for a public
hearing, which provides the statutory 20 -day hearing notice, is March 3, 2014.
3(d)
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RESOLUTION NO.5J I
A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO
CONSIDER VACATING A PORTION OF WHIPPLE DRIVE.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate rights -of -way; and
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That a public hearing to consider vacating the easterly 220 feet of Whipple Drive
adjacent to Lots 3 and 4, Block 1, Adams Addition will be held before the City Council
of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco
Washington, at the hour of 7:00 p.m., on March 3, 2014. That the City Clerk of the City
of Pasco give notice of said public hearing as required by law.
Passed by the City Council of the City of Pasco this 3`d day of February, 2014.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark, CMC
City Clerk
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APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
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CITY OF PASCI
STREET /ALLEY VACATION PETITION
MASTER FILE # DATE SUBMITTED: I
I, we the undersigned, owners of two- thirds of the privately owned abutting
property hereby petition the City Council of the City of Pasco to vacate the
following described street /alley rights -of -way:
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AGENDA REPORT
FOR: City Council January 28, 2014
9
TO: Gary Crutch ty Manager Regular Mtg.: 2/3/14
Rick White,
Community & conomic Development Director
FROM: David I. McDonald, City Planner
SUBJECT: STREET VACATION (MF# VAC 2014 -001) A Portion of Myrtle Ave (Ochoa)
I. REFERENCE(S):
1. Overview Map
2. Vicinity Map
3. Proposed Resolution
4. Vacation Petition
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
2/3: MOTION: I move to approve Resolution No. 353a setting 7:00
P.M., Monday, March 3, 2014, as the time and date to conduct
a public hearing to consider vacating a portion of Myrtle Ave.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The owners of property abutting the east and west sides of Myrtle Avenue
between East "A" Street and East `B" Street have submitted a petition for
vacation of the east and west 10 feet of said right -of -way.
B. The petition requires the City Council to fix a public hearing to consider the
vacation request. The earliest regular City Council meeting available for a public
hearing, which provides the statutory 20 -day hearing notice, is March 3, 2014.
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RESOLUTION NO.
A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO
CONSIDER VACATING A PORTION OF MYRTLE AVENUE.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate rights -of -way; and
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That a public hearing to consider vacating the east and west 10 feet of Myrtle Avenue
between East "A" Street and East `B" will be held before the City Council of the City of
Pasco in the Council Chambers at 525 N. Third Avenue, Pasco Washington, at the hour
of 7:00 p.m., on March 3, 2014. That the City Clerk of the City of Pasco give notice of
said public hearing as required by law.
Passed by the City Council of the City of Pasco this 3'a day of February, 2014.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark, CMC
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
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CITY OF PASCO
STREET /ALLEY VACATION PETITION
MASTER FILE #
DATE SUBMITTED:
FEE $200
I, we the undersigned, owners of two- thirds of the privately owned abutting
property hereby petition the City Council of the City of Pasco to vacate the
following described street /alley rights -of -way:
APPLICANT:
Print Name: ,] J AN []s n
Sign Name:
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CITY OF PASCO
STREET /ALLEY VACATION PETITION
MASTER FILE #
DATE SUBMITTED:
FEE $200
I, we the undersigned, owners of two- thirds of the privately owned abutting
property hereby petition the City Council of the City of Pa
following described street /alley rights -of -way: sco to vacate the
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AGENDA REPORT
FOR: City Council
TO: Gary Crutchfie anager
Rick Terway, Di ector, AdministratiY mmunity
Services
FROM: Dunyele Mason, Financial Services Manager
SUBJECT: UTILITY RATES
I. REFERENCE(S):
1. Proposed Ordinance
January 28, 2014
Regular Mtg: 2/3/14
H. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
Approval:
2/3: MOTION: I move to adopt Ordinance No. correcting certain
stormwater utility rates effective February 1, and fin-ther, authorize
publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
STORMWATER. The rate for a vacant building is equivalent to the single - family
residential rate. The original ordinance listed the vacant building rate as $5.52 when it
should have been listed at $4.40. The Parking for 6 to 10 vehicles was listed the same as
for Parking for 0 to 5 vehicles ($4.40) when it should have been listed as $8.80.
V. DISCUSSION:
The 2014 -2018 Utility Rate Plan called for a 13% increase in base in 2014. The rates for
the Vacant Buildings and for Parking for 6 to 10 vehicles included in the ordinance were
not correctly listed. The attached ordinance corrects these two rates.
•
Z U J
ORDINANCE NO
AN ORDINANCE of the City of Pasco, amending Pasco Municipal Code
Sections 3.07.190 regarding stormwater rates.
WHEREAS, The City Council has determined that certain amendments to the
Stormwater user fees are needed;
NOW, THEREFORE, the City Council of the City of Pasco, Washington, Does Ordain
as Follows:
Section 1. PMC Section 3.07.190, subsections A) and B) are amended to read as
follows:
3.07.190 STORMWATER UTILITY:
Monthly Charges
This ordinance shall be in full force and effect on and after February 1, 2014 after
passage and publication, as provided by law.
PASSED by the City Council of the City of Pasco at a regular meeting the 3d day of
February 2014.
Matt Watkins, Mayor Pro -Tem
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Fee / Char¢e
Reference
A) Residential
1)
Single - Family Residential (unit)
$4.40
13.060.070
2)
Multi - Family Residential (per unit)
$2.20
13.060.070
3)
Apartments (per unit)
$2.20
13.060.070
4)
Undeveloped parcel (per month)
$0.00
13.060.070
5)
Vacant building (per month)
$-S2 $4.40
13.060.070
B) Industrial/Commercial
1)
Parking for 0 to 5 vehicles (per month)
$4.40
13.060.070
2)
Parking for 6 to 10 vehicles (per month)
$4.40$8.80
13.060.070
3)
Parking for 11 to 15 vehicles (per month)
$17.60
13.060.070
4)
Parking for 16 plus vehicles (per month)
$22.00
13.060.070
This ordinance shall be in full force and effect on and after February 1, 2014 after
passage and publication, as provided by law.
PASSED by the City Council of the City of Pasco at a regular meeting the 3d day of
February 2014.
Matt Watkins, Mayor Pro -Tem
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Council January 28, 2014
}
TO: Gary Crutchfie , Manager ' Regular Mtg.: 2/3/14
Rick White,
Community & l onomic Development Director
FROM: Shane O'Neill, Planner I
SUBJECT: REZONE: (MF# Z2013 -006 ) Rezone property from C -1 (Retail Business) to C -3
(General Business).
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Ordinance
3. Report to the Planning Commission
4. Planning Commission Minutes: Dated 12/19/2013 & 1/16/2014
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
2/3: MOTION: I move to adopt Ordinance No. , rezoning the
property located at the northwest corner of California Avenue
and Columbia Street from C -1 to C -3, and further, authorize
publication by summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On December 19, 2013 the Planning Commission conducted a public hearing to
determine whether or not to recommend rezoning the northwest corner of California
Avenue and Columbia Street from C -1 to C -3.
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(b)
77 'AW
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE
ZONING CLASSIFICATION OF PROPERTY LOCATED AT THE NORTHWEST CORNER
OF CALIFORNIA AVENUE AND COLUMBIA STREET FROM C -1 (RETAIL BUSINESS)
TO C -3 (GENERAL 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 C -1 (Retail Business) to C -3 (General Business) for the real property as
shown in the Exhibit "1" attached hereto and described as follows:
The east 81' of Lots 17 to 22, Block 150 together with 10' of
vacated California Avenue together with the south 10' of vacated
alley north of Lot 22, Pasco Land Company's First Addition
Section 2. This ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
Passed by the City Council of the City of Pasco this P day of February, 2014.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FOR:
Leland B. Kerr, City Attorney
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REPORT TO THE PLANNING COMMISSION
MASTER FILE NO. Z 2013 -006 APPLICANT: Juan Ochoa
HEARING DATE: 12/19/13 1410 E. Lewis Street
ACTION DATE: 1/16/13 Pasco, WA 99301
BACKGROUND
REQUEST: REZONE Rezone from C -1 (Retail Business) to C -3 (General
Business
1. PROPERTY DESCRIPTION:
Legal: The east 81' of lots 17 to 22, Block 150 together
with 10' of vacated California Avenue together with
the south 10' of vacated alley north of lot 22, Pasco
Land Company's First Addition
General Location: The northwest corner of Columbia Street and
California Avenue
Property Size: The two parcels have a combined area of
approximately 15,015 ft2 (0.34 acres).
2. ACCESS: The property has access from both California Avenue and
Columbia Street.
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 C -1 (Retail
Business) and is currently vacant. Surrounding properties are zoned
and developed as follows:
North C -1 — Commercial
South I -1 — Commercial
East C -1 — Parking lot
West C -3 — Commercial
S. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area
for Industrial 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.
ANALYSIS
The applicant (Juan Ochoa) has requested a change of zoning for his parcels
located on the northwest corner of California Avenue and Columbia Street from
C -1 (Retail Business) to C -3 (General Business). The site is comprised of two
adjacent parcels with a combined area of approximately 15,015 square feet.
Under the current zoning classification of C -1 (Retail Business) the applicants'
intended use of truck /equipment staging is not permitted. Mr. Ochoa has
decided to use the rezone process as a vehicle to allow his intended use of the
property.
The site and surrounding area was initially platted in 1889 as the Pasco Land
Company's Addition. The area was then developed with a mixture of homes
and businesses. In the early 1970's the area south of Lewis Street and west of
Wehe Avenue was designated as an Urban Renewal area and set aside for
industrial and heavy commercial activities. All non - industrial and non-
commercial structures were removed or relocated. Extensive street and utility
construction took place in the area for the purpose of servicing future
commercial and industrial activities. The fencing and pine tree buffer along
the west side of Wehe Avenue was also installed at this time to serve as a buffer
between the industrial /commercial area to the west and the residential
neighborhoods to the east. Most of the properties within the Urban Renewal
area were zoned I -1 with the exception of two and a half block along Lewis
Street. The applicant's property is located in one of these commercial blocks.
The applicant's property has remained C -1 (Retail Business) for at least 40
years.
The Comprehensive Plan designates the site for industrial land uses which
includes all subsequent commercial such as C -3 (General Business). The C -3
zone permits some heavy commercial land uses such as trucking yards,
contractor's storage yards, machinery sales and service and all uses permitted
in the "O" Office and "C -1" Retail Business zones.
Full site development including right -of -way improvements will be required
prior to establishing any use on the site. Standard development improvements
include: curbs, gutters, sidewalks, paved driveways and landscaping.
0a
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 site has been zoned C -1 for at least 40 years. The exact date is uncertain.
2. The changed conditions in the vicinity which warrant other or additional
zoning:
The site is part of the area that was redeveloped with the Urban Renewal
Program in the early 1970's. This area including the applicant's site was
designated in the Comprehensive Plan for industrial development and was
mostly zoned I -1. Over the last 40 years most of the Urban Renewal Area has
developed with heavy commercial and industrial uses. The applicant's property
is one of the few remaining C -1 sites in the area. The west side of the
applicant's block is zoned C -3 and occupied by a construction supply company.
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The site currently exists in an undeveloped condition without paving or other site
improvements. Rezoning the property will enhance opportunities for development
consistent with development on the other half of the block and consistent with
other development within the Urban Renewal Area. Rezoning the property will
enable the community to realize the benefits from past public expenditures to
facilitate heavy commercial and industrial development within the community.
4. The effect it will have on the nature and value of adjoining property and
the Comprehensive Plan:
The proposed rezone will support and complement commercial and industrial
development on adjoining properties. Based on past experience with rezoning
underutilized commercial land adjacent to other commercial properties 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.
5. The effect on the property owners if the request is not granted:
If the rezone is not approved the owner will be unable to move forward with
plans related to improving his business.
6. The Comprehensive Plan land use designation for the property:
The Comprehensive Plan designates the site for Industrial uses. A change in
zoning classification from C -1 (Retail Business) to C -3 (General Business) will be
consistent with the Plan and its Land Use Map.
3
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 part of the Urban Renewal Area.
2. The Urban Renewal Area was redeveloped in the 1970's through the
removal of all non - industrial and non - commercial structures from the
area and the development of streets and utilities specifically designed
to serve heavy commercial and industrial activities.
3. All properties within the Urban Renewal Area were zoned I -1 with the
exception of 2 1/2 blocks along Lewis Street.
4. The site is one of the few remaining undeveloped properties within the
Urban Renewal Area.
5. The site is approximately 0.34 acres in area.
6. The site is comprised of Franklin County tax parcels 111- 082 -050 &
112082078.
7. The site fronts both California Avenue and Columbia Street.
8. The site is vacant.
9. The site is currently zoned C -1 (Retail Business).
10. The Comprehensive Plan designates the site for Industrial uses.
11. The proposed change of zoning is consistent with the Comprehensive
Plan.
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. The
request for C -3 zoning is consistent with the Industrial Land Use Designation.
2. The effect of the proposal on the immediate vicinity will not be materially
detrimental.
Adjacent lands to the south are zoned I -1 and the west half of the applicant's
block is zoned C -3. The Comprehensive Plan designates the property and
surrounding Urban Renewal Area for industrial land uses. The Industrial Land
Use designation implies that uses allowed in the light industrial and commercial
zones will not impose materially detrimental effects on the vicinity.
El
3. There is merit and value in the proposal for the community as a whole.
Rezoning the property will enable the community to realize the benefits from past
public expenditures to facilitate heavy commercial development within the
community.
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 -3 zoning language. The Unclassified Uses section of the Zoning Code
contains requirements for special permit review for uses which may be disruptive
to adjacent or nearby land uses. 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 required.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact
and conclusions therefrom as contained in the January 16, 2014
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 C -1 (Retail
Business) to C -3 (General Business) for Franklin County tax
parcels 112 - 082 -050 and 112 - 082 -078.
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Planning Commission Minutes
12/19/2013
D. Special Permit Rezone from C -1 (Retail Business) to C -3
(General Business) (Juan Ochoal (MF#
Z2013 -006
Chairman Cruz read the master file number and asked for comments from
staff.
Shane O'Neill, Planner I, explained the rezone application from C -1 to C -3. The
applicant is proposing to rezone two parcels at the northwest corner of
Columbia Street and California Avenue. The two parcels have remained vacant
ever since they were originally platted in the late 1800's. These parcels were a
part of an urban renewal program in the 1970's where the homes in the area
were relocated elsewhere and a vegetative barrier was added on Wehe Avenue.
The site is surrounded by a mix of retail commercial, heavy commercial and
light industrial development and zoning districts.
The applicant chose not to speak for the public hearing.
Commissioner Kempf asked the applicant what his intended use was for the
site.
Juan Ochoa, 99809 E. Michelle Drive, Kennewick, WA answered that he owns
a farm laborer company and transport employees to the job sites. He would
like to use this site to park the vehicles used for his business.
With no further questions the public hearing closed.
Commissioner Hilliard moved, seconded by Commissioner Bachart, 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 January 16, 2014 meeting. The motion passed unanimously.
Planning Commission Minutes
1/16/2014
B. Rezone Rezone from C -1 (Retail Business) to C -3
(General Business) (Juan Ochoa) (MF# Z
2013 -006)
Chairman Cruz read the master file number and asked for comments from
staff.
Shane O'Neill, Planner I, discussed the rezone from C -1 (Retail Business) to C-
3 (General Business). He stated that there had been no additional changes to
the staff report since the previous meeting.
Commissioner Bachart moved, seconded by Commissioner Greenaway, to
adopt the findings of fact and conclusions therefrom contained in the January
16, 2014 staff report. The motion passed unanimously.
Commissioner Bachart moved, seconded by Commissioner Greenaway, based
on the findings of fact and conclusions as adopted the Planning Commission
recommend the City Council approve the rezone from C -1 (Retail Business) to
C -3 (General Business) for Franklin County tax parcels 112- 082 -050 and 112-
082 -078. The motion passed unanimously.
FOR: City Council
TO: Gary Crutchfi�
Rick White,
Community &
FROM:
AGENDA REPORT
Shane O'Neill, Planner I
Development Director (�i
January 30, 2014
Regular Mtg: 2/3/14
SUBJECT: Code Amendment: (MF # CA2013 -003) Detached Shon /Garage Height and (MF #
CA2013 -008) Detached Shop /Garage Floor Area
I. REFERENCES
1. Proposed Ordinance
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
2/3: MOTION I move to adopt Ordinance No. , amending PMC Title
25 dealing with detached shop and garage size and further,
authorize publication by summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. Earlier this year the Council considered a number of zoning text amendments. These text
amendments included provisions for special permit review for requests to construct
detached shops and garages in in excess of eighteen (18) feet in height for properties
located in RS -12 and RS -20 zones. During the final stages of adopting a broader Zoning
Code update Council directed the Planning Commission to fiurther analyze the height and
size regulations for detached residential shops and garages in the remaining residential
zones.
B. The Planning Commission held a series of workshops in 2013 to develop a
recommendation dealing with increasing the height of detached residential shops and
garages. Following the October workshop the Planning Commission held a public
hearing in November to consider a code amendment to increase the maximum height of
detached residential shops and garages in the RS -1, R -1, R -2, R -3 and R -4 zoning
districts on lots over 12,000 square feet by way of special permit review.
C. During the December 9, 2013 Council Workshop Council recommended the Planning
Commission also consider including provisions to allow an increase in floor area for
detached residential shops /garages in the R -2, R -3 and R -4 zones by way of special
permit review.
D. At the January 27, 2014 workshop meeting this item was presented to Council. Council
concurred with the proposed ordinance.
V. DISCUSSION:
A. The Planning Commission saw the special permit process as the appropriate tool to use in
reviewing increases in garage floor area in the R -2, R -3 and R -4 zones; particularly to
analyze impacts to neighboring properties.
B. The proposed ordinance also includes a revision to PMC Chapter 25.86 Supplemental
Findings of Fact and Conclusions by Planning Commission for Shop /Garages, to
reference the criteria used for requests of an increase in floor area through the special
permit process.
8(c)
ORDINANCE NO.
AN ORDINANCE relating to zoning and amending PMC Title 25 dealing with the
height and area of detached shops and garages in R -S -1, R -1, R -2, R -3 and R -4
Districts.
WHEREAS, cities have the responsibility to regulate and control the physical
development within their borders and ensure the public health, safety and welfare are
maintained; and,
WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and
development of the City; and,
WHEREAS, from time to time, the City Council causes the zoning regulations to be
reviewed to ensure they fulfill their intended purposes; and,
WHEREAS, the City Council has determined that to further the purposes of maintaining
the public health, safety and general welfare community,.it is necessary to amend PMC Title 25;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Section 25.22.030 of the Pasco Municipal Code be and the same is
hereby amended to read as follows:
25.22.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as
accessory to a permitted use in the R -S -20 suburban district:
(1) Detached residential garages as defined in Section 25.12.200, provided they do
not exceed the height of 18 feet and are no larger than 1,600 square feet in area. For each
additional 20,000 square feet of lot area, the gross floor area of detached shops and garages can
be increased by 400 square feet. A greater height may be approved by special permit based upon
the review criteria listed in Sections 25.86.060 and 25.86 065,
(2) Home occupations as defined in Section 25.12.220;
(3) Storage buildings cumulatively not exceeding 480 square feet of gross floor area
and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be
permitted. For each additional 20,000 square feet of lot area, the gross floor area of storage
sheds can be increased by 400 square feet;
(4) Agricultural uses (limited), as defined in Section 25.12.040, (except that the
keeping of animals shall be permitted on parcels consisting of ten thousand (10,000) square feet
over and above an area equal in size to 12,000 square feet set aside for the dwelling on the
parcel);
(5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full
ten thousand square foot increment of land over and above an area equal in size to 12,000 square
feet set aside for the dwelling on the same parcel; provided that all barns, barnyards, chicken
houses, or corrals shall be located not less than twenty -five feet from a public roadway and not
Page 1 of 7
less than ten feet from any adjoining property held under separate ownership; and provided said
number of chickens, fowl or rabbits does not exceed 2 animal units;
(6) The keeping of dogs and cats, provided such number of animals does not exceed
three dogs and three cats;
(7) Family day care home in conformance with WAC 388 -73 as now existing and as
amended and PMC Chapter 25.66;
(8) Accessory dwellings.
(9) Family home preschool in conformance with PMC Chapter 25.66; and
(10) For lots with a minimum of 5,000 square feet but less than 22,000 square feet and
containing only one single - family dwelling unit, the keeping of dogs, cats, rabbits, and chicken
hens, provided such number of animals does not exceed three dogs, and/or three cats, and/or
three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all
cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed.
Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops,
must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and
thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Property
owners shall not allow such structures to become a nuisance due to noise or odor.
Section 2. That Section 25.24.030 of the Pasco Municipal Code be and the same is
hereby amended to read as follows:
25.24.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as
accessory to a permitted use in the R -S -12 suburban district:
(1) Detached residential garages as defined in Section 25.12.200, provided they do
not exceed 18 feet in height and 1,200 square feet in area. For each additional 12,000 square feet
of lot area, the gross floor area of detached shops and garages can be increased by 260 square
feet. A greater height may be approved by special permit based upon the review criteria listed in
Sections 25.86.060 and 25.86.065;
(2) Home occupations as defined in Section 25.12.220;
(3) Storage buildings cumulatively not exceeding 260 square feet of gross floor area
and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be
permitted. For each additional 12,000 square feet of lot area the gross floor area of storage sheds
can be increased by 260 square feet;
(4) Agricultural uses (limited), as defined in Section 25.12.040, (except that the
keeping of animals shall be permitted on parcels consisting of ten thousand (10,000) square feet
over and above an area equal in size to 12,000 square feet set aside for the dwelling on the
parcel);
(5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full
ten thousand square foot increment of land over and above an area equal in size to 12,000 square
feet set aside for the dwelling on the same parcel; provided that all barns, barnyards, chicken
houses, or corrals shall be located not less than twenty -five feet from a public roadway and not
less than ten feet from any adjoining property held under separate ownership; and provided said
number of chickens, fowl or rabbits does not exceed 2 animal units;
(6) The keeping of dogs and cats, provided such number of animals does not exceed
three dogs and three cats;
Page 2 of 7
(7) Family day care home in conformance with WAC 388 -73 as now existing and as
amended and Chapter 25.66;
(8) Accessory dwellings;
(9) For lots with a minimum of 5,000 square feet but less than 22,000 square feet and
containing only one single - family dwelling unit, the keeping of dogs, cats, rabbits, and chicken
hens, provided such number of animals does not exceed three dogs, and/or three cats, and/or
three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all
cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed.
Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops,
must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and
thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Rabbit
hutches and/or chicken coops adjacent an alley may be placed within five (5) feet of the alley
line provided there are no openings in the wall parallel to the alley. Property owners shall not
allow such structures to become a nuisance due to noise or odor; and
(10) Family home preschool in conformance with PMC Chapter 25.66.
Section 3. That Section 25.26.030 of the Pasco Municipal Code be and the same is
hereby amended to read as follows:
25.26.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as
accessory to a permitted use in the R -S -1 suburban district:
(1) Detached residential garages as defined in Section 25.12.200, provided they do
not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square
feet or more the height may be increased by 3 feet and the area may increase by 200 square feet;.
On lots over 12,000 sauare feet in area detached residential garages in excess of 18 feet in height
may be permitted by special permit based upon the review criteria listed in Sections 25 86 060
and 25.86.065•
(2) Home occupations as defined in Section 25.12.220;
(3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area
and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, will be
permitted;
(4) Agricultural uses (limited), as defined in Section 25.12.040, except that the
keeping of animals shall be permitted on parcels consisting of ten thousand (10,000) square feet
over and above an area equal in size to 12,000 square feet set aside for the dwelling on the
parcel;
(5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full
ten thousand square foot increment of land over and above an area equal in size to 12,000 square
feet set aside for the dwelling on the same parcel, provided that all barns, barnyards, chicken
houses, or corrals shall be located not less than twenty -five feet from a public roadway and not
less than ten feet from any adjoining or abutting property held under separate ownership, and
provided said number of chickens, fowl or rabbits does not exceed 2 animal units;
(6) The keeping of dogs and cats, provided such number of animals does not exceed
three dogs and three cats;
(7) Family day care home in conformance with WAC 388 -73 as now existing and as
amended and Chapter 25.66;
Page 3 of 7
(8) Accessory dwellings;
(9) Family home preschool in conformance with PMC Chapter 25.66;
(10) For lots with a minimum of 5,000 square feet but less than 22,000 square feet and
containing only one single - family dwelling unit, the keeping of dogs, cats, rabbits, and chicken
hens, provided such number of animals does not exceed three dogs, and/or three cats, and/or
three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all
cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed.
Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops,
must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and
thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Rabbit
hutches and/or chicken coops adjacent an alley may be placed within five (5) feet of the alley
line provided there are no openings in the wall parallel to the alley. Property owners shall not
allow such structures to become a nuisance due to noise or odor.
Section 4. That Section 25.28.030 of the Pasco Municipal Code be and the same is
hereby amended to read as follows:
25.28.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as
accessory to a permitted use in the R -1 low density residential district:
(1) Detached residential garages as defined in Section 25.12.200, provided they do
not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square
feet or more the height may be increased by 3 feet and the area may increase by 200 square feet ;_.
On lots over 12.000 square feet in area detached residential garages in excess of 18 feet in height
may be permitted by special Permit based upon the review criteria listed in Sections 25 86 060
and 25.86.065:
(2) Home occupations, as defined by Section 25.12.220;
(3) Storage buildings cumulatively not exceeding two hundred square feet of gross
floor area and fifteen feet in height; provided no container storage, as defined in Section
25.12.430, shall be permitted;
(4) The renting of rooms for lodging purposes only; provided, however, such
accommodations shall not exceed two persons in a single- family dwelling. One off - street parking
space, per roomer, must be provided in addition to the requirement set forth under Section
25.78.170(5);
(5) The keeping of dogs and cats, provided such number of animals does not exceed
three dogs and three cats;
(6) Family day care homes in conformance with WAC 388 -73 as now existing and as
amended and Chapter 25.66;
(7) Accessory Dwellings;
(8) On lots with a minimum of 5,000 square feet and containing only one single -
family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number
of animals does not exceed three dogs, and/or three cats, and/or three rabbits and/or three
chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be
allowed to roam or fly to other properties; roosters are not allowed; and
(9) Family home preschool in conformance with PMC Chapter 25.66.
Page 4 of 7
Section 5. That Section 25.34.030 of the Pasco Municipal Code be and the same is
hereby amended to read as follows:
25.34.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as
accessory to a permitted use in the R -2 district:
(1) Detached single family residential garages, as defined in Section 25.12.200,
provided they do not exceed fifteen feet in height and 1,000 square feet in area;. On lots over
12,000 square feet in area detached residential garages in excess of 15 feet in height and/or
increase in floor area of up to 200 square feet may be permitted by special permit based upon the
review criteria listed in Sections 25.86.060 and 25.86.065•
(2) Home occupations as defined by Section 25.12.220;
(3) Storage buildings cumulatively not exceeding two hundred square feet of gross
floor area and fifteen feet in height; provided no container storage, as defined in Section
25.12.430, shall be permitted;
(4) The keeping of dogs and cats provided such number of animals does not exceed
three dogs and three cats;
(5) Family day care homes in conformance with WAC 388 -73 as now existing and as
amended and Chapter 25.66;
(6) The renting of rooms for lodging purposes only; provided, however, such
accommodations shall not exceed two persons in a single family dwelling. One off - street
parking space per roomer must be provided in addition to the requirement set forth under Section
25.78.170(5);
(7) Family home preschool in conformance with PMC Chapter 25.66;
(8) Accessory dwellings in single family homes; and
(9) On lots with a minimum of 5,000 square feet and containing only one single -
family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use,
provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not
exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters
are not allowed.
Section 6. That Section 25.36.030 of the Pasco Municipal Code be and the same is
hereby amended to read as follows:
25.36.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as
accessory to a permitted used in the R -3 district:
(1) Detached single family residential garages, as defined in Section 25.12.200,
provided they do not exceed fifteen feet in height and 1,000 square feet in area;. On lots over
12,000 square feet in area detached residential garages in excess of 15 feet in heipht and/or
increase in floor area of up to 200 square feet may be permitted by special permit based upon the
review criteria listed in Sections 25.86.060 and 25.86.065•
(2) Home occupations as defined by Section 25.12.220;
(3) Storage buildings cumulatively not exceeding two hundred square feet of gross
floor area and fifteen feet in height; provided no container storage, as defined in Section
25.12.430, shall be permitted;
Page 5 of 7
(4) The keeping of dogs and cats, provided such number of animals does not exceed
three dogs and three cats;
(5) Family day care homes in conformance with WAC 388 -73 as now existing and as
amended and Chapter 25.66;
(6) The renting of rooms for lodging purposes only, provided such accommodations
shall not exceed two persons in a single - family dwelling. One off - street parking space per
roomer must be provided in- addition to the requirement set forth under Section 25.78.170(5);
(7) Family home preschool in conformance with PMC Chapter 25.66;
(8) Accessory dwellings in single family homes; and
(9) On lots with a minimum of 5,000 square feet and containing only one single -
family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use,
provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not
exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters
are not allowed.
Section 7. That Section 25.38.030 of the Pasco Municipal Code be and the same is
hereby amended to read as follows:
25.38.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as
accessory to a permitted use in the R -4 district:
(1) Detached single family residential garages, as defined in Section 25.12.200,
provided they do not exceed fifteen feet in height and 1,000 square feet in area;. On lots over
12,000 square feet in area detached residential garages in excess of 15 feet in hei2ht and/or
increase in floor area of up to 200 square feet may be permitted by special permit based upon the
review criteria listed in Sections 25.86.060 and 25.86.065;
(2) Home occupations as defined by Section 25.12.220;
(3) Storage buildings cumulatively not exceeding two hundred square feet of gross
floor area and fifteen feet in height; provided no container storage, as defined in Section
25.12.430, shall be permitted;
(4) The keeping of dogs and cats, provided such number of animals does not exceed
three dogs and three cats;
(5) Family day care homes in conformance with WAC 388 -73 as now existing and as
amended and Chapter 25.66;
(6) The renting of rooms for lodging purposes only, provided such accommodations
shall not exceed two persons in a single - family dwelling. One off - street parking space per
roomer must be provided in addition to the requirements set forth under Section 25.78.170(5);
(7) Family home preschool in conformance with PMC Chapter 25.66;
(8) Accessory dwellings in single family homes; and
(9) On lots with a minimum of 5,000 square feet and containing only one single -
family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use,
provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not
exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters
are not allowed.
Page 6 of 7
Section 8. That Section 25.86.065 of the Pasco Municipal Code be and the same is
hereby amended to read as follows:
25.86.065 SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS BY
PLANNING COMMISSION FOR SHOPS /GARAGES. In addition to making and entering
conclusions from the record for special permits based on the criteria in 25.86.060 the Planning
Commission shall consider the following for special permits dealing with increased heights
and/or floor area for detached shops and garages:
(1) Will the shop /garage match the principle structure in design and exterior
treatments such as roofing materials, siding, color, window and door openings, eave overhangs,
fenestrations and other architectural features;
(2) Will the existing topography and elevation of the site and surrounding property
exacerbate or attenuate the height of the proposed shop /garage;
(3) Will the proposal include landscaping features or berms to ameliorate the height
and/or floor area of the shop /garage;
(4) Will the shop /garage be erected on the property utilizing minimum setbacks;
(5) Is the site larger than the minimum lot size requirement for the zoning district.
Section 9. This ordinance shall be in full force and effect five days after passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this _ day of 2014.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
Page 7 of 7
AGENDA REPORT No. 4
FOR: City Council ( I January 22, 2014
TO: Gary Crutchfiel ` anager
Ahmad Qayoum blic Works Director
FROM: Michael A. Pawlak, PE, City Engineer 1 Workshop Mtg.: 01/27/14
Regular Mtg.: 02/03/14
SUBJECT: Water System Extension. Agreement (Commercial - Kahlotus Service Area)
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
01/27: Discussion
02/03: MOTION: I move to approve the water system extension agreement with
Oregon Potato Company and, further, authorize the City Manager
to sign the agreement.
HI. FISCAL IMPACT:
Water Utility Fund ($83,744)
IV. HISTORY AND FACTS BRIEF:
A) Owners of several parcels of land in the Commercial - Kahlotus Service Area of Pasco
are planning for future development and expansion of their existing industrial
facilities. Realizing the need and benefit of having domestic water and sewer service
to the properties, the property owners petitioned the City for annexation. The City
approved that annexation request on December 17, 2012.
B) The City has also recognized the immediate and long -tern need to provide domestic
water and sewer service to the area and previously entered into a sewer extension
agreement with Fifties I, LLC for extension of sewer mains to the area, on December
16, 2013.
C) The area Property Owners (Fifties I, LLC, Oregon Potato (Freeze- Pack), Carson Ag,
LLC (Agri-Pak), and Pasco Industrial Properties, LLC) have coordinated with City
staff over the past several months to identify an appropriate extension of the City's
water system. A water extension agreement has been drafted to memorialize the
obligations of the Property Owners and the City, respectively, in terms of cost - sharing
for the extension including, design requirements, plan review, permitting and
inspection. In essence, the developers will pay the cost equivalent to a 10" diameter
water line (minimum size) the entire length of the extension, while the City will pay
the equivalent cost of "oversizing" the water line to 16" so it can function as a
distribution main to serve the larger vicinity in the future (this will avoid duplicate
line installations in the future).
D) The City's share of the extension project will not exceed $83,744, and includes the
cost of upsizing the waterline and that portion of the extension along the frontage of
non - participating property owners. The City will recoup its investment from future
frontage and area charges received from non - participating property owners and future
10(a)
development. Participation in the Property Owners' extension results in a much
lower cost project, as it is a private project not subject to prevailing wages;
consequently, the City's cost is likewise lower.
V. DISCUSSION:
A) The proposed agreement ensures appropriate extension of the City's water system to a
portion of its UGA that is quite likely to experience growth over the next decade. If
not extended, the existing industrial facilities will be limited on their long -term
expansion potential and future development will either not occur at all or will
randomly occur with individual well systems. The latter scenario would frustrate the
logical extension of the water system over time, eventually increasing costs for rate
payers and retarding development values.
B) Staff recommends approval of the water system extension agreement as presented.
VICINITY MAP
WATERLINE EXTENSION...',
71.
WATER SYSTEM EXTENSION AGREEMENT
THIS WATER SYSTEM EXTENSION AGREEMENT is entered into this day
of January, 2014, by and between Oregon Potato Company, Inc. a Corporation, (hereinafter
referred to as "Owner "), and the City of Pasco, Washington, a Washington Municipal
Corporation (hereinafter referred to as "City "), for the purpose of extending water system
improvements for the benefit of the Owner's property.
WHEREAS, Owner has certain real property adjacent to Commercial Avenue Loop
(Old Kahlotus Highway), and said real property is situated within the limits of the City of Pasco;
and
WHEREAS, Owner desires to have City of Pasco water service extended to the
developed properties for domestic use; and
WHEREAS, Owner is committed to constructing a water system line extension in order
to provide consistent water flows to the proposed property as described in Exhibit A, and then
dedicate the waterlines and appurtenances to the City; and
WHEREAS, the City of Pasco possesses the capacity to provide water utility services to
citizens and real properties within its municipal boundaries and its urban growth boundaries; and
WHEREAS, the City of Pasco's long range water plan provides for the systematic
extension of water utilities throughout the City's urban growth area; and
WHEREAS, the parties desire, by this cooperation agreement, to jointly participate in
the cost of the waterline construction that provides benefits to all parties and their respective
properties.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. OWNER OBLIGATIONS. Owner shall:
A. Provide the complete design of the proposed water system extension, as
described in Exhibit A and Exhibit B, by a Professional Engineer registered to practice
Engineering in the State of Washington. The water system design shall include pipe and
all appurtenances from a connection point with the City's existing system at the south end
of Commercial Avenue and then extending approximately 1,422 LF north along
Commercial Avenue Loop. The design of the water system extensions shall be in
accordance with the latest City of Pasco requirements and standards including any
adopted or referenced state and federal requirements and standards. The engineering
design, construction plans and specifications shall be submitted to the City for review
and/or approval at the 60% and Final stages of design.
Water System Extension Agreement — Oregon Potato Company, Inc. Page 1
January 8, 2014
B. From the design, as approved by the City, construct the system extension
including all valves, hydrants and appurtenances in accordance with applicable City, state
and federal standards and requirements.
C. Be responsible for the cost of the design of the water system extension,
plan review fees and construction inspection fees and testing.
D. Be responsible for the costs associated with the furnishing of materials
and labor, and construction of the equivalent of a 10 -In. diameter pipeline including
valves, fittings, hydrants and associated appurtenances necessary to provide adequate
domestic water service to the proposed development prior to the measurement of actual
quantities and reimbursement from the City.
E. Shall at its own cost and efforts secure all reviews, approvals and permits
from any and all applicable jurisdictions, and pay all associated fees.
F. Shall execute all deeds, documents, permits, and checklists necessary for
the permitting and conveyance of property and construction of the system extension
described above and the performance of this Agreement.
2. CITY OBLIGATIONS. City shall:
A. Process in its usual course, Owner's applications for plan review and
permits associated with the water system extension project as described above and in
Exhibit A, in a timely manner.
B. Provide project design criteria, and determine the size of pipe, spacing of
isolation valves and hydrants and other appurtenances required to maintain the integrity
of the City's water system.
C. Provide timely reviews of the engineering design, construction plans and
specifications at the 60% and Final submittals.
D. Provide inspection services during the course of construction consistent
with the level of effort utilized on other capital and development projects within the City,
or as may be required to ensure the required quality of the completed work.
E. Be responsible for reimbursement of the incremental increase in cost
between a 10 -Inch pipe system and a 16 -Inch pipe system, as estimated in the
construction cost estimate prepared by Sharpe & Preszler Construction Company, Inc.,
dated November 4, 2013, and included in Exhibit A. The City's share of the construction
costs shall not exceed $83,744, including Washington State Sales Tax..
F. Upon satisfactory completion of the improvements described above,
accept the dedication of the water system improvements as described in Exhibit A and
Water System Extension Agreement — Oregon Potato Company, Inc. Page 2
January 8, 2014
Exhibit B, and by Council resolution accept ownership thereof, and maintenance and
operation of the improvements thereafter.
4. TERM. This Agreement shall be effective commencing on the day of
January, 2014, and all improvements, conveyances and obligations of the parties shall be
complete on or before July 1, 2014. The Agreement shall terminate on August 1, 2014, or with
the completion and acceptance of the water system extension improvements, whichever is
sooner.
5. AUTHORITY TO APPROVE AGREEMENT. The parties represent and
warrant that all steps necessary for the approval of this Agreement have been completed by:
A. Oregon Potato Company, hie. by its President.
B.J City of Pasco by the Pasco City Council.
The officers signing below are authorized to do so and that the execution of this Water
System Extension Agreement is valid and binding for all purposes.
6. DISPUTE RESOLUTION. In the event of a dispute between the parties
regarding the interpretation, breach or enforcement of this Agreement, the parties shall first meet
in a good faith effort to resolve the dispute by themselves or with the assistance of a mediator.
The remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory
Rules of Arbitration (MAR), with all parties waiving the right of a jury trial upon de novo
review, with the substantially prevailing party being awarded its reasonable attorney fees and
costs against the other.
7. INDEMNITY. The Owner shall assume the risk of, be liable for, and pay for
damage, loss, cost and expense of any party arising out of the performance of this Agreement,
except that caused by negligence and /or willful misconduct solely of the City and its employees
acting within the scope of employment. The Owner shall hold harmless from and indemnify the
City against all claims, losses, suits, action, cost, counsel fees, litigation costs, expenses,
damages, judgments, or decrees by reason of damage to any property of business, and/or any
death, injury or disability to or of any person or party, including any employee, arising out of or
suffered, directly or indirectly, by reason of or in connection with the performance of the
Contract or any act, error or omission of the Owner, Owner's employees, agents, contractors or
subcontractors, whether by negligence or otherwise. The Owner's obligation shall include but
not be limited to investigation, adjusting, and defending all claims alleging loss from action,
error or omission or breach of any common law, statutory or other delegated duty of the Owner,
Owner's employees, contractors, agents or subcontractors.
8. GENERAL PROVISIONS.
A. This Water System Extension Agreement constitutes the entire agreement
between the parties, and no prior oral or written agreement shall be valid, and any
modifications of this Agreement must be in writing signed by all parties.
Water System Extension Agreement — Oregon Potato Company, Inc. Page 3
January 8, 2014
B. This Water System Extension Agreement shall be binding on the parties,
and their heirs, successors and assigns.
C. For the purpose of this Agreement, time is of the essence.
9. MUTUAL COOPERATON AND FURTHER AGREEMENTS. The parties
agree to cooperate in good faith, with regard to each and every aspect required for the
completion of the construction of the roadway which is the object of this Agreement, and the
transfer of property, and to further sign all documents, deeds and permits reasonably necessary to
accomplish the purposes of this Agreement.
DATED this day of 2014.
CITY OF PASCO
Gary Crutchfield
City Manager
OREGON POTATO COMPANY, INC.
President
Water System Extension Agreement — Oregon Potato Company, Inc. Page 4
January 8, 2014
Memo
To:
Mike Pawlak, P.E., City Engineer
From:
Kate Thompson, P.E., Associate Engineer
Date:
November 22, 2013
Re:
Commercial Avenue Waterline Cost Proration
Public Works Department
Engineering Division
The Commercial Avenue Waterline which was installed by the City earlier this summer, is going to be
extended approximately 1,422 LF by Carson Ag and the Oregon Potato Company. These two property
owners do not own all of the land fronting the waterline expansion. Powell- Christensen Inc. and BPA also
own land fronting the proposed waterline extension.
The proposed water usage by Carson Ag and the Oregon Potato Company will necessitate a 10 -In water
main. The existing main which will be extended is 16 -In., which is what the City would like to have continued
with the extension.
The proposal being considered would have the City pay the upsize from the 10 -In. main to the 16 -In. main,
and pay for the main fronting BPA and Powell Christensen Inc. BPA is not connecting to the line at this time
and Powell- Christensen's property fronts along the previously installed water main. The frontages and
percentage of total frontage for the project length for each of the property owners is shown in the table below.
Property Owner
Side of Road
Frontage (LF)
%
POWELL - CHRISTENSEN INC
W
1000
36%
OREGON POTATO COMPANY
W
370
13%
CARRSON AG LLC
E
1270
46%
BPA
E
147
5%
The above frontages are based on ending the water main at the northern property line for Carson Ag, which is
approximately 100' south of the Northern property line for the Oregon Potato Company. A deferral agreement
would be needed with Oregon Potato Company for the remaining 1 00' of waterline for their frontage.
Carson Ag and Oregon Potato Company provided cost estimates from their contractor to install a 10 -In water
main and a 16 -In water main. The difference in cost between the 16 -In. main and the 10 -In. main is
approximately $39,711. The City would be responsible for this difference plus 41 % of the cost of the 10 -In.
line (to account for the BPA and Powell Christensen Inc. frontages). This would make the City's total
contribution $83,744including 8.6% sales tax. Then the Oregon Potato Company would pay for 13% of the
cost of the 10 -In main, which is approximately $12,879 including 8.6% sales tax. Carson Ag would be
responsible for the remaining 46% of the cost of the 10 -In. main, approximately $45,571 including sales tax.
This breakdown is shown in more detail on the attached spreadsheet.
EXHIBIT A
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Sharpe & Preszler Construction Co., Inc.
605 E. Kennewick Ave.
Kennewick, WA 99336
November 4, 2013
Tim T ippett
Oregon Potato Company
PO Box 3110
Pasco, WA 99302
Dear Tim,
Lic.# SHARPPC2801F
Listed below is the breakdown Mike with the City of Pasco was looking for:
16" Water Line
3 EA - Connect to existing water line
1,422 LF - 16" CL -52 water line
1 EA - 16" restrained joint tee
4 EA - 16" restrained joint butterfly valve
1 EA - 16" restrained joint cap
1 EA - 16" restrained joint 11%'
1 EA - 16" x 10" restrained joint tee
1 EA - 16" x 8" restrained joint tee
1 EA - 16" blowoff assembly
LS - Traffic control
4 EA - Fire hydrants
16 EA - Guard posts
10" Water Line
Same as above with 10" pipe, fittings, hydrants, guard post
Telephone 1- 509 - 586 -1138
Fax 1- 509 -586 -9141
Without tax $130,934,00
Without tax $ 91,223.00
If we were to terminate the 16" water line at sta 13 +55, the cost savings to delete 92 lineal feet of 16"
ductile iron and asphalt patching at the northern driveway would be $6,164.00.
If you have any questions, please contact me at our office.
Sincerely,
Brian Preszler
bp:hf
t
EXHIBIT B
AGENDA REPORT No. 3
FOR: City Council' I January 22, 2014
TO: Gary Crutchfianager
Ahmad Oavou ublic Works Director
FROM: Michael A. Pawlak, PE, City Engineer Workshop Mtg.: 01/27/14
Regular Mtg.: 02/03/14
SUBJECT: Water System Extension Agreement (Canter Club Estates, Road 64)
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
01/27: Discussion
02/03: MOTION: I move to approve the water system extension agreement with J &J
Kelly Construction, Inc. and, further, authorize the City Manager to
sign the agreement.
III. FISCAL IMPACT:
Water Utility Fund ($78,638)
IV. HISTORY AND FACTS BRIEF:
A) The Owner of a parcel of land along Road 64, north of Court Street is planning for the
subdivision and development of single family residences on the parcel. The parcel
lies within the "doughnut hole" portion of the boundaries of the Pasco UGA.
Consequently, they have determined it most appropriate for their development to
connect to City water for domestic use.
B) The City also recognizes the immediate and long -term need to continue to provide
domestic water service to the new developments within the area. The City's
watermain system in the immediate area requires an extension in order to provide
more consistent and reliable service to current and future customers.
C) The Property Owners (Chuck & Julie Harrison) and their Developer (J &J Kelly
Construction, Inc.) have coordinated with City staff over the past several months to
identify an appropriate connection point to the City's water system. A water
extension agreement has been drafted to memorialize the obligations of the Developer
and the City, respectively, in terms of cost- reimbursement for the construction of the
waterline extension along Road 64. In essence, the Developer will pay the costs of
design, review, permitting, and inspection typical for any development; and the City
will pay the construction costs of installing the waterline extension along Road 64.
D) The City's reimbursement amount to the Developer will not exceed $78,638. The
Developer will be responsible for the costs associated with the waterlines within the
development.
10(b)
V. DISCUSSION:
A) The proposed agreement ensures appropriate extension of the City's water system to a
portion of its UGA that is currently experiencing infill development / growth. The
extension of the Road 64 waterline actually completes a "missing link", provides for a
more reliable looped system, and enhances the City's capability to provide high level
service to all customers within that geographic area of the UGA.
B) Staff recommends approval of the water system extension agreement as presented.
VICINITY MAP
ARGENT ROAD
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WATER SYSTEM EXTENSION AGREEMENT
THIS WATER SYSTEM EXTENSION AGREEMENT is entered into this day
of January, 2014, by and between J &J Kelly Construction, Inc. a Corporation (hereinafter
referred to as "Developer "), and the City of Pasco, Washington, a Washington Municipal
Corporation (hereinafter referred to as "City"), for the purpose of extending water system
improvements for the benefit of the properties to be developed by Developer.
WHEREAS, Developer has entered into an agreement with property owners Chuck &
Julie Harrison to develop certain real property adjacent to Road 64, north of Court Street for
residential use, known as Canter Club Estates, and said real property is situated within the Pasco
Urban Growth Area as designated by Franklin County; and
WHEREAS, Developer desires to have City of Pasco water service extended to the
developed properties for domestic use; and
WHEREAS, Developer is committed to constructing a water system line extension in
order to loop the system and provide consistent water flows to the proposed development as
described in Exhibit A, and then dedicate the waterlines and appurtenances to the City; and
WHEREAS, the City of Pasco possesses the capacity to provide water utility services to
citizens and real properties within its municipal boundaries and its urban growth boundaries; and
WHEREAS, the City of Pasco's long range water plan provides for the systematic
extension of water utilities throughout the City's urban growth area; and
WHEREAS, the parties desire, by this cooperation agreement, to jointly participate in
the cost of the waterline construction that provides benefits to all parties and their respective
properties.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. DEVELOPER OBLIGATIONS. Developer shall:
A. Provide the complete design of the proposed water system extension, as
described in Exhibit A and Exhibit B, by a Professional Engineer registered to practice
Engineering in the State of Washington. The water system design shall include pipe and
all appurtenances from a connection point with the City's existing system approximately
265 feet north of the new entrance to Canter Club Estates and 690 feet south of the same
entrance. The design of the water system extensions shall be in accordance with the
latest City of Pasco requirements and standards including any adopted or referenced state
and federal requirements and standards. The engineering design, construction plans and
specifications shall be submitted to the City for review and/or approval at the 60% and
Final stages of design.
Water System Extension Agreement — J&J Kelly Construction, Inc. (Canter Club Estates) Page 1
January 8, 2014
B. From the design, as approved by the City, construct the system extensions
including all valves, hydrants and appurtenances in accordance with applicable City, state
and federal standards and requirements.
C. Be responsible for the cost of the design of the water system extension,
plan review fees and construction inspection fees and testing.
D. Be responsible for the costs associated with the fitmishing of materials
and labor, and construction of an 8 -In. diameter pipeline including valves, hydrants and
associated appurtenances necessary to provide adequate domestic water service to the
proposed development prior to the measurement of actual quantities and reimbursement
from the City.
E. Shall at its own cost and efforts secure all reviews, approvals and permits
from any and all applicable jurisdictions, and pay all associated fees.
F. Shall have the property owners execute all deeds, documents, permmits,
annexation agreements and checklists necessary for the permitting and conveyance of
property and construction of the system extension described above and the performance
of this Agreement.
2. CITY OBLIGATIONS. City shall:
A. Process in its usual course, Developer's applications for plan review and
permits associated with the water system extension project as described above and in
Exhibit A, in a timely manner.
B. Provide project design criteria, and determine the size of pipe, spacing of
isolation valves and hydrants and other appurtenances required to maintain the integrity
of the City's water system.
C. Provide timely reviews of the engineering design, construction plans and
specifications at the 60% and Final submittals.
D. Provide inspection services during the course of construction consistent
with the level of effort utilized on other capital and development projects within the City,
or as may be required to ensure the required quality of the completed work.
E. Be responsible for reimbursement of the actual construction costs of the
waterline system extensions along Road 64, associated with this Agreement, including
pipe, valves, hydrant assemblies, road restoration per City standards, and incidentals as
described hereinbefore, not to exceed $78,638, except as may be negotiated and agreed
upon by both parties, in writing, by amendment to the Agreement.
Water System Extension Agreement — J&J Kelly Construction, Inc. (Canter Club Estates) Page 2
January 8, 2014
F. Upon satisfactory completion of the improvements described above,
accept the dedication of the water system improvements as described in Exhibit A and
Exhibit B, and by Council resolution accept ownership thereof, and maintenance and
operation of the improvements thereafter.
4. TERM. This Agreement shall be effective commencing on the day of
January, 2014, and all improvements, conveyances and obligations of the parties shall be
complete on or before July 1, 2014. The Agreement shall terminate on August 1, 2014, or with
the completion and acceptance of the water system extension improvements, whichever is
sooner.
5. AUTHORITY TO APPROVE AGREEMENT. The parties represent and
warrant that all steps necessary for the approval of this Agreement have been completed by:
A. J &J Kelly Construction, Inc. by its President.
B. City of Pasco by the Pasco City Council.
The officers signing below are authorized to do so and that the execution of this Water
System Extension Agreement is valid and binding for all purposes.
6. DISPUTE RESOLUTION. In the event of a dispute between the parties
regarding the interpretation, breach or enforcement of this Agreement, the parties shall first meet
in a good faith effort to resolve the dispute by themselves or with the assistance of a mediator.
The remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory
Rules of Arbitration (MAR), with all parties waiving the right of a jury trial upon de novo
review, with the substantially prevailing party being awarded its reasonable attorney fees and
costs against the other.
7. INDEMNITY. The Developer shall assume the risk of, be liable for, and pay for
damage, loss, cost and expense of any party arising out of the performance of this Agreement,
except that caused by negligence and/or willful misconduct solely of the City and its employees
acting within the scope of employment. The Developer shall hold harmless from and indemnify
the City against all claims, losses, suits, action, cost, counsel fees, litigation costs, expenses,
damages, judgments, or decrees by reason of damage to any property of business, and/or any
death, injury or disability to or of any person or party, including any employee, arising out of or
suffered, directly or indirectly, by reason of or in connection with the performance of the
Contract or any act, error or omission of the Developer, Developer's employees, agents,
contractors or subcontractors, whether by negligence or otherwise. The Developer's obligation
shall include but not be limited to investigation, adjusting, and defending all claims alleging loss
from action, error or omission or breach of any common law, statutory or other delegated duty of
the Developer, Developer's employees, contractors, agents or subcontractors.
Water System Extension Agreement — J &J Kelly Construction, Inc. (Canter Club Estates) Page 3
January 8, 2014
8. GENERAL PROVISIONS.
A. This Water System Extension Agreement constitutes the entire agreement
between the parties, and no prior oral or written agreement shall be valid, and any
modifications of this Agreement must be in writing signed by all parties.
B. This Water System Extension Agreement shall be binding on the parties,
and their heirs, successors and assigns.
C. For the purpose of this Agreement, time is of the essence.
9. MUTUAL COOPERATON AND FURTHER AGREEMENTS. The parties
agree to cooperate in good faith, with regard to each and every aspect required for the
completion of the construction of the roadway which is the object of this Agreement, and the
transfer of property, and to further sign all documents, deeds and permits reasonably necessary to
accomplish the purposes of this Agreement.
DATED this day of 12014.
CITY OF PASCO
Gary Crutchfield
City Manager
J &J KEL�, ON T U TION, INC.
7 /
Jeff Kelly
President
Water System Extension Agreement — J&J Kelly Construction, Inc. (Canter Club Estates) Page 4
January 8, 2014
Canter Club Estates
Road 64 Waterline Extension
EXHIBITA
No.
Description
Quantity
Units
Cost /Unit
Total Cost
Estimate of Construction Costs for Waterline Extension
1
Mobilization
1
EST
1,000.00
1,000.00
2
Layout Survey & GPS Control
1
EST
1,000.00
1,000.00
3
Clearing & Grubbing
1
EST
1,000.00
1,000.00
4
Erosion Control
1
EST
1,000.00
1,000.00
S
Traffic Control
1
EST
3,500.00
3,500.00
6
Sawcut Existing Pavement
969
LF
2.75
2,664.75
7
Trench Excavation - Rd 64 Waterline
969
LF
2.58
2,500.02
8
Pipe Bedding
1
EST
500.00
500.00
9
Water for Compaction
1
EST
500.00
500.00
10
Disposal of Unsuitable Backfill
1
EST
500.00
500.00
11
Connect to City Watermain
1
EST
1,400.00
1,400.00
12
8 -In. D.I. Pipe, installed including fittings
969
LF
34.00
32,946.00
13
Valves & Fittings
1
EST
3,200.00
3,200.00
14
Fire Hydrant Assembly
2
EA
4,000.00
8,000.00
15
4In. CSBC for Trench Repair (50- inches width)
4,000
SF
1.00
4,000.00
16
2 In. HMA for Trench Repair (50 inches width)
4,000
SF
1.50
6,000.00
17
Shoulder Restoration
1
EST
2,500.00
2,500.00
18
Record Drawings - Waterline
1
LS
200.00
200.00
Estimated SubTotal
72,410.77
WSST @ 8.6%
6,227.33
TOTAL ESTIMATED CONSTRUCTION COSTS
78,638.10
V uv
EXHIBIT B
AGENDA REPORT NO.1
FOR: City Counci January 28, 2014
TO: Gary Crutchfie Manager
Ahmad Qayou b is Works Director
FROM: Michael A. Pa lak, City Engineer — Regular Mtg.: 2/3/14
SUBJECT: Bid Award: Road 68 Improvements, Phase 2 and Interconnect Road 68 Signals
Project #C2- 11- 16 -STR and C5- ST- 4A -13 -01
I. REFERENCE(S):
1. Vicinity Map
2. Bid Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
02/03: MOTION: I move to award the low bid for the Road 68 Improvements,
Phase 2 and Interconnect Road 68 Signals Project to Sierra
Electric, Inc. in the amount of $1,201,687.00, including Bid
Alternatives 1 and 2, and further, authorize the Mayor to sign
the contract documents.
III. FISCAL IMPACT:
Overall Project Funding:
Traffic Impact Fees ($624,450)
Arterial Street Fund ($77,000)
STP ($748,550)
Quick Response Safety Grant ($500,000)
IV. HISTORY AND FACTS BRIEF:
A) The project is described as follows:
Schedule A: Road 68 Improvements
The project constructs and reconstructs access management, concrete medians,
concrete curbs, and other work which includes HMA removal and replacement,
new signal controllers, new signal cabinets, signal controller modifications, signal
controller cabinet foundation modifications, signal heads and signage, pedestrian
ramps, sidewalk and driveway reconstruction, and other associated work. Median
work includes re- landscaping and irrigation work, illumination removal and
replacement, and new signage. This project also includes provisions for a signal
pre - emption connection between the Road 68 /Argent intersection and Fire Station
#83.
Schedule A also includes provision of a complete advanced traffic management
system (ATMS) traffic signal management software system that will be used to
remotely manage the traffic signals and provide flexibility in adjusting signal
timing and collection of traffic data.
Schedule B: Interconnect Road 68 Signals
The project constructs a fiber -optic signal interconnect system between the Road
68 /Argent intersection and Fire Station #83 and provides provisions for fiber -optic
interconnection to the five (5) other signals. It includes new conduit, fiber -optic
wiring, conduit stubs, Ethernet switches, and fiber -optic patch panels.
Both schedules contain other associated incidental work, all as called for by the
Project plans and specifications as tied bids.
10(c)
B) The project was initially bid on August 27, 2013 with staff receiving only 2 bids.
The combined low bid including bid alternatives, was $1,495,293.39, which
exceeded the Engineer's Estimate of $1,090,829.50. On September 16, 2013,
Council rejected all bids due to fiscal constraints.
C) The project was re- advertised on October 20, October 27 and November 3, 2013,
with a bid opening held on January 21, 2014.
V. DISCUSSION:
A) After the rejection of bids in September 2013, staff reviewed the project,
evaluated feedback received from potential bidders, and made a number of
modifications to the project to reduce contractor and City risks. The revisions
included allowing more time for delivery of "long lead time" materials, more
clarification regarding certain items of work, revisions to requirements regarding
lane closures and traffic control, and the addition of working days to the contract
time.
B) During that same time, new information became available regarding the traffic
signal system management software and hardware alternatives. Staff issued a
Request for Information (RFI) to a number of traffic signal system
software/hardware vendors, received information on their respective products,
held demonstration interviews with vendors, and then selected the top two (2)
scoring vendors for inclusion of product alternatives in the bid package. Staff also
negotiated an agreement to utilize Franklin PUD (FPUD) fiber optic lines in lieu
of radio communications for the signal interconnect and system management.
These changes resulted in an overall more cost effective and efficient system.
C) On January 21, 2014, the City received one (1) bid for the project. The low bid
including bid alternatives was received from Sierra Electric, Inc. in the amount of
$1,201,687.00. The Engineer's Estimate is $1,386,532.50. The bid is within the
available project budget.
D) Because this project is partially funded using federal transportation funds,
WSDOT approval is required for award of the contract. Staff has received
authorization to award from WSDOT.
E) Staff will be conducting a Public Information Open House on February 6, 2014 to
provide additional project information regarding construction schedule, access to
businesses during construction, traffic information, detours and possible lane
closures, and contact information to address future questions.
F) Staff recommends award of the contract to Sierra Electric, Inc., in the amount of
$1,201,687.00.
VICINITY MAP
ROAD 68 IMPROVEMENTS PHASE 2,
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City of Pasco
Road 68 Improvements, Phase 2 and
Interconnect Road 68 Signals
January 21, 2014
BID SUMMARY
Engineers Estimate $1,386,532.50
Sierra Electric, Inc. $1,201,687.00